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Council reviewed the latest draft of the Legal Defense Fund language that was presented at the May 13th retreat. At the retreat, a couple of questions were raised. One was should a separate account be created to house the monies set aside for the Legal Defense Fund? Discussion ensued on the Faculty Association's bank accounts. Next, several concerns were raised regarding the drafted language. One concern was that it is unusual for an employees association to defend an employee in criminal defense which could be a big financial liability, and rather, the employee should have their own personal liability insurance. A point was made that this discussion needed to be revisited from the beginning. Barry Vaughan reminded Council that the discussion of a Legal Defense Fund started with the Sheriff Joe situation and by helping faculty charged criminally, the Faculty Association could be perceived as standing with the faculty member. One Council member recalled the discussion in which Council agreed to help with the initial consultation and then the Executive Committee would decide on the amount to provide after Mike Napier decided whether criminal defense was needed. Previously, Council had voted to set aside $50,000 for a Legal Defense Fund and that Executive Committee would develop the criteria and procedures for access to the fund. It was recalled that the Faculty Association did not intend to pay for the entire defense but assist with some of it. Council was reminded that Mike Napier was forming a pool of attorneys upon whom faculty could call for criminal defense matters and who might give a discounted rate for legal services. A point was made that institutional memory could be a problem. Barry Vaughan said that there would be no attorney-client privilege between the Council and the faculty member and that Council would rely on Mike Napier's recommendation whether or not to assist faculty member. Assistance would be determined on a case-by-case basis. Discussion ensued on suggestions for various changes to the drafted language. Barry will send the drafted language to Council for their review and suggestions for further language changes. Discussion focused next on the funding of the Legal Defense Fund. Barry stated that one of the CDs was maturing in June and a portion could be pulled to be put in a separate Legal Defense Fund account. Council briefly discussed the FDIC limit on amounts that are insured in accounts at one institution. Sue Vanboven assisted by Carrie Taylor will figure how to make the most of the Faculty Association's money. A motion was made and seconded to redistribute/reorganize funds to stay under the FDIC limits of $100,000 insured per institution. A vote was taken, and the motion passed unanimously.
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