AWSA Legal Assistance Program
The Legal Assistance Program serves to respond to members' concerns and
questions regarding employment related legal matters.
The AWSA Legal Assistance Program is designed to complement the programs
offered by the national associations with which the association is affiliated.
AWSA services are provided at three levels:
Telephone Consultation (Level I)
This unlimited service is available at no additional cost to regular,
associate, Milwaukee affiliate, life retired, and full service retired members.
Attorney Jayne Kuehn, one of the foremost legal authorities in the state
regarding school issues, is retained by the AWSA to provide this call–in
service. AWSA staff is also available to discuss legal issues with members. This
service covers only professional, job-related questions. No attorney-client
relationship is established between the AWSA member and the attorney.
Discussions with the attorney are not confidential unless specifically requested
by the AWSA member. This advisory service is not a substitute, nor replacement,
for direct legal services that are provided by an attorney for a school
district.
Job Related Legal Questions
Jayne Kuehn, Attorney at Law
608/271-8971
Financial Assistance (Level II and Level III)
In addition to free telephone consultation, regular, full dues, full service
retired, and life retired members are eligible for up to $1,500 of financial
assistance for legal services directly related to their employment as school
administrators in Wisconsin.
Level II Financial Assistance
Members accumulate funds in a special association account based on the length
of their uninterrupted membership in the AWSA. $200 is credited immediately upon
joining. An additional $50 is added each year up to a maximum of $500. Funds
from this account may be applied to the deductible portion of the NAESP and
NASSP Legal Assistance Programs.
Level III Financial Assistance
When funds in Level II and other forms of assistance are depleted, and the
matter has been resolved, an eligible member may apply to the association for
additional assistance, on a cost–sharing basis up to $1,000, under the Level III
program. For a Level III request form simply contact the AWSA office.
Any member who receives assistance under this program must agree to reimburse
the AWSA for such assistance in the event the member recovers the cost of legal
fees or receives an award of damages in the legal proceeding for which legal
assistance is provided.
Summary of Guidelines for AWSA Financial Assistance
a) The member requesting level II or III assistance must be a member of the
AWSA at the time of the occurrence of the action for which remedy is sought,
at the time payment is requested, and when assistance is available.
b) Prior consultation with AWSA executive staff is required before the
member is eligible to request this assistance.
c) The AWSA board of directors establishes two segregated budget accounts
annually for this assistance and all disbursements are contingent upon there
being sufficient funds remaining in these accounts to meet requests.
d) These funds may not be transferred to another individual, nor aggregated
to offset the costs of collective representation, or for any other purpose.
e) All requests for assistance must be accompanied by a copy of the
itemized statement received from the member's privately-retained attorney.
Payments from the legal assistance fund are made directly to the member's
attorney. However, if the member submits proof that the statement was paid in
full, the funds will be sent to the member.
f) Under section 895.46 of the Wisconsin Statutes, public school districts
are required to provide legal assistance to school employees if they are sued
for actions within the scope of their employment. The district is also
responsible for the payment of any judgments resulting from such litigation.
In those instances where section 895.46 of the Statutes applies, the AWSA
legal assistance program is restricted to issues related to the application of
that statute, not to the broader issues that are directly related to the
underlying incident or cause for legal representation.
g) In criminal proceedings, members must be adjudged innocent or not
adjudged guilty to be eligible for financial assistance.
h) All claims, for level II or III assistance, arising out of the same or
essentially the same set of facts or circumstances shall be considered one
claim. A member shall be eligible to receive assistance only once for each
legal proceeding and/or claim. Legal proceedings/claims that extend beyond the
fiscal year in which they are first submitted are considered part of the
original claim and are eligible for no greater total assistance in subsequent
fiscal years.
Questions Regarding the Legal Assistance Program
James M. Lynch
Associate Executive Director
(608) 241-0300
NAESP/NASSP Legal Assistance Programs
Both the NAESP and NASSP provide legal assistance to members. Complete
descriptions for these programs, including application procedures, can be found
online at www.naesp.org /
www.principals.org.
Applicable to all plans — AWSA, NAESP, & NASSP
Legal assistance programs of the AWSA, NAESP, and NASSP do not relieve
members of their personal responsibility for full payment of any legal fees
incurred through privately retained counsel.
These programs do not establish AWSA, NAESP, or NASSP as a party responsible
for the payment of any attorney’s fees or other obligations related to these
matters incurred by association members.
These associations’ financial assistance programs do not alter or modify in
any way the traditional attorney–client relationship that may be established
between members of these associations and privately retained legal counsel.
July, 2006
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