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Legal Defense Fund BY LAWS
If you have any questions or would like additional information, please feel free to contact me at 908-526-1300, ext. 103.
Sharon L. Brienza, Township of Branchburg
LDF Committee Chair
There shall be a standing committee, of the Municipal Clerks' Association of New Jersey, Inc. (hereinafter referred to as the MCANJ) known to as the Legal Defense Review Committee (hereinafter referred to as the Committee)
| II. Method of Appointment |
A. The Committee shall be appointed by the MCANJ Executive Board and shall consist of the following:
- Regular members - Seven (7) tenured Municipal Clerks, regular members in good standing of the Legal Defense Fund, two (2) from each of the three zones (North, Central and South) and one (1) active or retired past president of the MCANJ who will act as Chair of the Committee.
- Alternate members - three (3) alternate members in good standing of the Legal Defense Fund, one (1) from each of the three zones (North, Central and South)
- Only one individual (member or alternate) can be appointed from any county.
- The North , Central and South Zones are defined as follows:
(a) Northern Counties (183 Municipalities) Bergen, Essex, Hudson, Morris, Passaic, Sussex and Union.
(b) Central Counties (182 Municipalities) Hunterdon, Mercer, Monmouth, Middlesex, Somerset and Warren
(c) Southern Counties (202 Municipalities) Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean and Salem.
B. The Attorney for the MCANJ shall serve as legal advisor to the Committee.
A. The initial term of the members of the Legal Defense Review Committee shall be staggered:
- Chair for three (3) years
- Two (2) members for three (3) years
- Two (2) members for two (2) years
- Two (2) members for one (1) year
- Alternate members for one (1) year
B. The Legal Defense Review Committee members shall elect
One (1) member to serve as Vice-Chairperson for (1) year, and he/she shall be eligible for re-election annually.
A. Recommend improvement to the operation of the Legal Defense Fund.
B. Recommend to the MCANJ Executive Board a budget for the Legal Defense Fund and suitable increase in the fund assessment should the need arise.
C. Receive all requests for legal aid and make recommendations on the disposition of same.
D. Advise the member, in writing, of the action contemplated on the member's request for legal aid.
E. Keep an active list of recommended attorneys to be used in any pending legal action and keep a catalog of all pertinent court cases for easy reference.
F. Submit memoranda to the MCANJ Executive Board detailing actions related to petition, review and resolution of application.
G. All findings and documentation pertaining to a controversy shall become the property of the MCANJ.
H. Maintain the Legal Defense Fund as a separate fund with the MCANJ Administrative Consultant as Treasurer.
| V. Eligibility for Legal Aid |
A. Regular member (municipal clerk or deputy) in good standing of MCANJ the fiscal year previous to the year of the action.
B. Member in good standing of the Legal Defense Fund, having paid the initial membership fee of $75.00 and having been a member for a minimum of 90 days prior to the time the claim arose.
C. A subsequent assessment of $25.00 shall be due prior to April 1st. each year following the initial application for membership.
| VI. Request for Legal Assistance |
A. Legal Assistance is not available for action taken by any member of the MCANJ against another member.
B. A request for legal assistance shall be made, in writing, to the chairperson of the Committee with a duplicate copy to the President of MCANJ on forms provided by the Committee within ten (10) days of the date the situation arose. Failure to give prompt notice may prejudice the Committee's ability to assist in the defense.
C. The Committee may waive the requirements of the ten (10) day deadline in any situation in which it deems it necessary to assist the beneficiary quickly and appropriately.
D. In the request the member shall document the entire complaint and nature of the relief which is sought.
E. The Committee shall, within fifteen (15) days, acknowledge receipt of said complaint and advise the member of its recommended course of action.
A. The Committee shall determine the amount of money to be paid to the claimant after consultation with the Fund's legal counsel. The MCANJ Executive Board shall determine the maximum rates to be paid to the claimants upon review of recommendations by the Committee.
B. Legal fees, less the applicable deductible amount, shall be paid by the Fund to the claimant and his/her attorney, provided the claimant agrees to reimburse the Fund to the extent of any legal fees awarded by the Court in its decision or in any settlement.
In any case where a court or settlement does not specifically designate an amount as reimbursement or award of counsel fees, but the claimant actually receives compensation or other damages in excess of the claimant's lost wages, legal or other expenses, claimant and claimant's attorney agree to reimburse the Legal Defense Fund.
C. The "reimbursement agreement" shall be signed by the claimant, the President of MCANJ and the Treasurer of the MCANJ Legal Defense Fund.
A. There shall be a deductible amount as determined by the MCANJ Executive Board. ($500.00 effective April 1, 1996).
B. The respective member shall be required to pay the deductible amount before any legal expenses are incurred by the Committee.
C. The Committee may recommend to the MCANJ Executive Board that the deductible amount be waived provided that the claim involves issues of substantial significance to the profession.
D. An affirmative majority vote of the MCANJ Executive Board shall be required to waive the deductible amount.
A. The member shall use an attorney recommended by the Committee or an attorney of the claimant's choice upon approval of said Committee.
B. Member's counsel, within fifteen (15) days should attempt to resolve said claim first by letter or appearance, before filing formal legal action.
C. Agreement for payment of legal fees shall be signed by the participating attorney, the member, claimant, MCANJ President and Treasurer of the LDF.
D. Any agreement or decision entered into by the current officers of the MCANJ, shall be binding upon subsequent MCANJ officers.
A. Upon receipt of a negative recommendation upon his/her request, the member may appeal the Committee decision to the MCANJ Executive Board in writing. The MCANJ Executive Board shall act on said appeal within fifteen (15) days and submit its decision in writing to the member.
B. In the event an unfavorable court decision is rendered and the member wishes to appeal to a "higher court", a two-thirds (2/3) affirmative vote of the MCANJ Executive Board shall be required before any additional funds may be expended from the Legal Defense Fund. The MCANJ Executive Board shall consider the recommendations of the Committee and legal counsel before rendering a decision in writing to the member.
C. There shall be no appeal from the rulings of the MCANJ Executive Board involving further legal assistance or spending additional funds.
All information, written or oral, regarding applications is legally privileged and confidential information, intended only for the use of the Committee, the MCANJ Executive Board and the applicant. Any discussion or dissemination of information is strictly prohibited.
A. All funds held in its Legal Defense Fund shall be derived from dues paid by members' personal checks, gifts or fundraisers.
B. No dues may be paid from any Municipal Treasury.
C. The Administrative Consultant of the M CANJ shall act as Treasurer of the Legal Defense Fund.
D. In the event the MCANJ advances any expenses to the Legal Defense Fund necessary to undertake any fundraising activities, the Legal Defense Fund shall reimburse the MCANJ such advanced amount from the fundraising proceeds.
A. The Committee may make recommendations to the Executive Board of the MCANJ for revisions to the rules of the LDF and will state the reasons for such revisions.
B. The Executive Board of the MCANJ may, on its own initiative, adopt revisions to the rules only after providing a draft copy of the proposed revisions to the members of the (LDF) committee for their review and comment at least 30 days prior to the date set for adoption.
| Eligibility Checklist for Legal Assistance |
- Member (Municipal Clerk or Deputy) in good standing of MCANJ.
- Has been a paid member of LDF for 90 days prior to any claim filed.
- Action is not being taken against another member of MCAN>
- Request is in written form, and a copy has been provided to MCANJ President and is forwarded within ten (10) days of situation to be addressed, or LDF Committee has approved time waiver. Incident is documented in its entirety. Relief sought is described.
- All required forms have been properly filled out, signed and dated.
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