Educational Leaders, Inc. - Legal Defense Fund

Legal Assistance Fund Policy

The Executive Board of ELI has determined that there is a need to create and fund an account dedicated to the legal needs of ELI and its members. The purpose of this policy is to create a procedure whereby monies from the legal assistance fund ("Fund") will be appropriated.

A six member review board ("Review Board") of ELI members will be appointed by the President. Members shall be appointed for a term of three (3) years or until their successors have been appointed. All vacancies occurring during the term of appointed members shall be filled by a majority vote of the Executive Board for the unexpired portion of the term within thirty (30) days from the date of vacancy. The President may stagger the terms of the Review Board members by appointment for less than three year terms to assure that one-third of the membership of the Review Board will rotate every two years.

Members requesting legal assistance shall first discuss the matter with the Executive Director of ELI. If the Executive Director determines that the matter is outside the scope of the Executive Director role, function or expertise, the member may then request legal assistance from the Review Board, including the presentation of any supporting documentation. The Review Board may authorize a consultation with a lawyer of ELI's choosing, not to exceed two hours. ELI will not finance any member who has engaged the services of their own private attorney without prior approval of the Review Board. In order to be eligible to receive monies from the Fund, the Applicant must have been an employee of TUSD and a member in good standing of ELI at the time of the administrative decision, incident or other action giving rise to the request for legal services.

In determining whether to authorize outside legal services, the Review Board may consider, but is not restricted to the following criteria:

(a)	the job related nature of the issue;
(b)	issues of due process or other procedural employment rights;
(c)	whether the issue is one which may affect a substantial number of ELI members presently, or in the future;
(d)	reserve monies in the Fund available for other applicants;
(e)	any other factor the Review Board believes is pertinent to a decision to fund legal services on a case by case basis.

If the attorney consulted with indicates that further legal advice or action is required, justified or warranted, the member may request additional funds from the Review Board. The Review Board may recommend funding not to exceed $2,000 on a dollar for dollar matching basis, to wit, for every dollar allocated by ELI for legal services the member must also contribute a dollar.

Individuals may request additional financial support from ELI after the $2,000 limit has been exhausted by coming back to the Review Board and presenting the reasons therefore.

The Executive Board shall approve all expenditures and may accept or reject the recommendation of the Review Legal Assistance Board. Although confidentially cannot be guaranteed, both the Review Board and the Executive Board shall endeavor to protect the confidentiality of the applicant and the details of the case as much as practicable.

The Review Board may request information or/and documentation as it deems necessary from the member prior to any financial commitment being made.

Members who prevail in any legal action supported by funds received from ELI (where the member receives an award for damages and/or legal fees and court costs) must agree, as a condition of receiving funding from ELI, to repay ELI for all sums contributed to the member. The Executive Board may waive or modify this repayment requirement only under extraordinary circumstances. A contract shall be signed by the member agreeing to reimbursement prior to any expenditure of funds by ELI.

The amount of funds in the Legal Assistance Fund Account shall not be permitted to fall below $20,000 as a result of individual member's issues. It is the policy of the ELI Executive Board that a minimum of $20,000 be reserved for organizational issues affecting the membership as a whole.

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ADOPTED BY THE ELI EXECUTIVE BOARD
DATED: October 2, 1991
REVISED: December 4, 1995

Educational Leaders, Inc.
1604 N. Country Club Road
Tucson, Arizona 85716-3102