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Mel
Hettenhausen Legal Defense Fund/NAPUS Legal Defense Plan
The National
Association of Postmasters of the United States (NAPUS) is committed to
representing the membership in all areas, including adverse actions. The
Mel Hettenhausen Legal Defense Fund (MHLDF) and Legal Defense Plan (LDP),
two of many representation activities, was 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 Postmaster representative.
The Postmaster representative will assist the Postmaster in making a verbal
reply to the charges and will begin coordination of the defense with the
NAPUS Legal Defense attorney provider. When the decision
of the Postal Service in adverse action falls within the jurisdiction
of the Merit Systems Protection Board (MSPB), the Postmaster representative
will immediately contact the NAPUS Legal Defense 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 NAPUS
Postmaster 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. NAPUS cannot
defend a Postmaster charged with a criminal violation in state or federal
courts. These situations require a Postmaster so charged to obtain the
assistance of his or her own attorney to defend against criminal charges.
To be eligible
for the MHLDF and LDF benefits, a Postmaster or OIC must be a member of
NAPUS for three months. The three-month period is waived if the Postmaster
or OIC becomes a member within 15 days of his or her appointment and the
event prompting the adverse action is related to his or her current position.
MHLDF or LDF benefits may be used to appeal adverse actions as follows:
NAPUS expenses
for attorney representation in the LDP will be paid from the designated
Legal Defense Fund. Any reimbursements in MSPB appeals will not exceed
the amount of NAPUS and individual Postmaster expenditures. Review For any decision regarding representation outside the scope of these procedures and guidelines, or for further interpretation of these guidelines, a Legal Defense Review Committee (LDRC) will determine the appropriate NAPUS action. This committee will be composed of the NAPUS executive director and four members of the National Postmaster Representation Committee selected by the national president. For approval of MHLDF expenditures, four of the five committee members must concur. |
