Mel Hettenhausen Legal Defense Fund/
NAPUS Legal Defense Plan
Adopted Sept. 1, 1992, and revised Feb. 27, 1996; Feb. 15, 2001; and Feb. 14, 2002.

Purpose

The National Association of Postmasters of the United States is committed to representing its membership in all areas, including adverse actions. The Mel Hettenhausen Legal Defense Fund (MHLDF) and NAPUS Legal Defense Plan (LDP), two of many representation activities, were established by the membership, for the membership, to provide representation to active NAPUS members in appealing adverse actions taken against them.

Postmasters receiving notice of an adverse action (defined in ELM Section 651.61) should immediately contact a NAPUS national Postmasters representative. The Postmaster rep will assist the Postmaster in making a verbal reply to the charges and will begin coordinating the defense with the NAPUS Legal Defense Plan attorney provider.

When the decision of the Postal Service in adverse actions falls within the jurisdiction of the Merit Systems Protection Board (MSPB), the Postmaster representative immediately will contact the NAPUS Legal Defense Plan attorney. The sole decision on the scope, extent and means of defense then becomes the responsibility of the attorney. With the agreement of the charged Postmaster, the PM rep will remain available to provide technical assistance to the defense as requested by the attorney.

In order to be represented by the NAPUS Legal Defense Plan attorney, a Postmaster must sign the Designation of Representation and Subscription to Appeal form. In addition, Postmasters involved in nontermination cases must also sign the Retention Agreement form.

NAPUS cannot defend a Postmaster charged with a criminal violation in state or federal courts. These situations require the Postmaster so charged to obtain the assistance of his or her attorney to defend against criminal charges.


Eligibility

To be eligible for the MHLDF and LDP benefits, a Postmaster or OIC must be a member of NAPUS for three months prior to the event prompting the adverse action.


Scope

MHLDF or LDP benefits may be used to appeal adverse actions as follows:

a. Removal—free representation before the MSPB.

b. Suspension of more than 14 days, furloughs without pay and reductions in grade or pay—Postmaster pays 20 percent of attorney expenses; NAPUS pays 80 percent for representation to the MSPB. At the time a Postmaster wishes LDP representation for an adverse action category, the Postmaster will make a $1,000 deposit to the NAPUS LDP attorney. Deductions to cover the Postmaster’s 20 percent portion of these expenses will be taken from this deposit, with a refund of any unused monies. The Postmaster is responsible for remitting 20 percent of any fees and or expenses exceeding the $1,000 deposit. NAPUS pays the remaining 80 percent.