Legal Fund Guidelines

Appendix A

LEGAL FUND GUIDELINES

1)   Only members of the New Jersey Building Officials Association, Inc. in good standing are eligible for legal fund assistance.  Applicant must be a code enforcement official holding a current license under the New Jersey Uniform Construction Code.
2)     This Fund shall operate on a fiscal-year basis, as per New Jersey Building Officials Association, Inc.
3)      There shall be a one year waiting period from the time of initial membership in New Jersey Building Officials Association, Inc.
4)       The purpose of the LEGAL FUND is to assist a member in defraying some of the legal expenses incurred in the defense of his/her official position.  It is not intended to pay all legal cost.
5)      The maximum amount of money to be allocated for any case shall be $1,000.00.  The LEGAL FUND ADVISORY COMMITTEE shall have the power to exceed this amount by a unanimous vote of said committee.  No payments will be made until the case is completed.
6)     If the allocated amount in any given year exceeds the amount available in the FUND, the LEGAL FUND ADVISORY COMMITTEE shall so advise the Executive Committee of New Jersey Building Officials Association Inc., and the deficit shall be underwritten by funds from the Association general Treasury as a loan to the LEGAL FUND, re-payable by the end of the FUND’S next fiscal year.
7)       A member must contact his/her Regional Chapter Representative, or the President of New Jersey Building Officials Association Inc., to seek aid.
8)       A member shall have the privilege of selecting his/her own attorney, providing said attorney meets with the approval of the LEGAL FUND ADVISORY COMMITTEE, which shall take into account the attorney’s familiarity with municipal and state law, and the Uniform Construction Code.
9)       At the conclusion of a case, a full report and briefs of any legal proceedings shall be turned over to the LEGAL FUND ADVISORY COMMITTEE.
10)       The LEGAL FUND ADVISORY COMMITTEE shall meet as needed.  In any case, there shall be an annual meeting of the LEGAL FUND ADVSIORY COMMITTEE held in Atlantic City during League of Municipalities Conference Week.
11)     The LEGAL FUND ADVISORY COMMITTEE shall consist of three (3) members of New Jersey Building Officials Association, Inc., who have been members in good standing of the Association for a minimum of three (3) years.  The term of office for each member shall be for a three-year period, with one member of said COMMITTEE being elected each year, at the annual meeting in November.
12)      Any vacancy in the LEGAL FUND ADVISORY COMMITTEE that occurs during the FUND’S fiscal year shall be filled by appointment by the president until the next annual meeting, when election shall be held for the unexpired term.
13)        Any member of the New Jersey Building Officials Association, Inc. who has been a member in good standing for a minimum of three (3) years may run for election to the LEGAL FUND ADVISORY COMMITTEE by making written application to the Secretary of the New Jersey Building Officials Association Inc. prior to September 1st of said year.  Any names submitted shall be turned over to the Nominating Committee and included on the ballot according to the election rules contained in the By-Laws of the New Jersey Building Officials Association, Inc.
14)     The LEGAL FUND ADVISORY COMMITTEE shall elect its own Chairman.    One other member shall serve as Secretary to maintain the Committee records and correspondence. (Amended March, 2013)
15)      All monies in the Legal Fund shall be in the custody of the Treasurer of the New Jersey Building Officials Association. The Treasurer shall maintain a separate checking account for the Legal Fund and shall disburse said funds to the legal committee in accordance with the rules set forth in the Legal Fund Guidelines. (Amended March, 2013)

(a)  No monies in the Legal Fund account shall be disbursed without the advice and consent of the Legal Fund Committee. (Added March, 2013)
16)     In the event that a favorable judgment is made for the recipient or monies are awarded, it will be the fund recipient’s obligation to reimburse the legal fund for all monies given by the fund. If a judgment or money is awarded the recipient that represents a portion of monetary restitution, the recipient is obligated to reimburse the legal fund that percentage awarded. In the event no monetary award or restitution is made, the recipient will not be obligated to reimburse the legal fund.
17)      Appeal of a determination of denial by the legal fund review committee must be made in writing to the President of New Jersey Building Officials Association, Inc. within (10) ten business days of the determination date. The Executive Board of New Jersey Building Officials Association, Inc. will review all appeals. The Executive Board will make a final determination of all appeals.   
Approved:   10/2012