Monday, October 10, 2011

Minnesota Public Employees Association "MNPEA"


Mike Golen - Director

Dave Deal - President

Rob Fowler - Chief Legal Counsel

Email MNPEA at: info@mnpea.com

Call MNPEA at: 612-367-6673 or call:



Fowler Law Firm
1700 Highway 36 West
Suite 550
Roseville, MN 55113
Office Phone 651.287.8883




The Minnesota Public Employees Association (MNPEA) was established to provide Public Employees in Minnesota with an alternative to the standard National and International Unions.  The Minnesota Public Employees Association is structured to give the Members control over their representation.  The Business Agents and Board answer to the Members who, by the Constitution, have an override authority on the decisions of the Board.  This is truly a New Concept in Labor Representation.Minnesota Public Employees Association, Inc. – MNPEA


  • Dues: $39 per month including the MNPEA Legal Plan for non Law Enforcement Members and the FOP Legal Plan for Sworn Officers.  (One time $25 initiation fee.  Automatic dues reduction for members making under $15.60 / hour.)

  • Dues rate is locked in through 2016 and can only be increased after 2016 in accordance with the MNPEA By-Laws.

  • ALL Dues Monies stay in the association for the benefit of the members.  Nothing goes to a regional or National organization.

  • Business Agents and Attorneys with over 50 years of combined experience representing Public Employees in Minnesota.

  • Senior Stewards from all Bargaining Units on the Executive Advisory Board.

  • Transparency in all Financial Expenditures including salaries, benefits and perks.

  • Member Driven Lobbying Agendas and Political Endorsements.

  • Attorney Representation in Internal Affairs and Employer Investigations of MNPEA Members.

  • Attorney Representation at Unemployment and Veterans Preference Hearings.

  • Members receive Special Discounts on many personal legal matters.


    About

    The Minnesota Public Employees Association “MNPEA” was formed by Minnesota Public Employee Union Members in response to a call from Union Members around the state for reform in the way they were being represented by large “National and International Unions”. Members are tired of paying high monthly Union Dues while they continue to fall behind economically with many not receiving COLAs or even Step increases for several years now. Meanwhile they watch their Union Representatives continue to take pay raises along with extravagant benefits and perks. They watch as their Reps travel around the country attending expensive conventions and conferences that do nothing to enhance the lives of the Members. When they ask for “down to the penny” Financial Reports they are told that unions don’t have to explain every expenditure. Many are also tired of not having input on Political Agendas, Endorsements or in any Union Affairs. We have heard these and other issues and have responded with a new vision for Minnesota Public Employee Representation in the 21st Century.  At MNPEA we deliver both Enhanced and Cost Effective Representation for Public Employees across the state.


    Join MNPEA

    Minnesota Public Employees Association ONLY represents Public Employees as defined under the MN Public Employees Labor Relations Act.  If you are interested in finding out more about the association or how your bargaining unit can join MNPEA, please fill out a contact form.  Any Public Employees unit may join but there are timelines and Bureau of Mediation Services (BMS) rules that must be adhered to.  We can help.  We have been doing this for years and can guide you through the process.  We will provide you with information to share with your coworkers and, if you desire, set up a meeting time for your unit to meet with one of our agents and our Attorney.  There is no obligation for requesting information and the requestor’s information will never be disclosed to any other parties.

    Contact us now.  Don’t let the relatively small window of time in which you may change representation pass by without being fully informed of your options.


    Legal Defense

    Public Employees are under attack on many fronts recently.  As the media villainizes us, the likelihood of being named in a frivolous lawsuit increases.  Currently, very few job classifications are even offered the chance to purchase a legal plan through their Union and private coverage can be priced out of reach.

    As part of the standard membership benefits, included in a members $39 monthly dues, MNPEA provides all members with a Legal Defense Plan.  All MNPEA Members that are not Sworn Peace Officers will receive coverage through the MNPEA LDP.  MNPEA Members that are Sworn Peace Officers will receive coverage through the MN FOP LDP.   Despite the different plans for sworn and non-sworn members, the coverage is nearly identical for all members.


    MNPEA LDP

    MINNESOTA PUBLIC EMPLOYEES ASSOCIATION
    Public Employees Non-Sworn LDP, “PENS” LDP

    The Firm’s legal services applies only to members under this PENS Legal Defense Plan (PENS LDP) agreement (all sworn law enforcement members are not eligible for this plan and must use the MN FOP LDP), and are as follows:
    I.  Criminal Charges – Trial & Defense: Complete legal representation (all attorneys fees paid) for criminal charges (including DWI and Criminal Traffic matters- meaning where jail time may be potentially be imposed), whether job related or not, on duty or off duty, within the State of Minnesota.  Covers all attorneys fees for all stages of representation, from pre-charging to sentencing. All appeals, probation violations, and post conviction motions are excluded.  Additionally, any criminal charges involving Methamphetamine are expressly not covered if the firm, in its sole discretion, believes there is evidence to support the charges.
    Additionally, all costs (costs are not attorneys fees- these are expenses the firm pays out of pocket or advances to the client’s case) incurred by the Firm shall have a maximum coverage of $5,000 per case.  Cost may include, but are not limited to, online legal research fees, mileage (excluding Fowler’s mileage), filing fees, copy expenses, fax expenses, obtaining police reports, expert witness fees and retainers, depositions, statements, fingerprints, collection of physical evidence, hiring private investigators, etc.  For costs in excess of $5,000, the Member shall be personally responsible.  The Firm has sole discretion in incurring any costs or not.
    Persons eligible: Member and member’s Spouse

    II.         Motor Vehicle Criminal and Traffic Violation representation: Complete legal representation (all attorneys fees paid) for traffic violations within the State of Minnesota, whether job related or not, if the member’s job duties involve driving or require a driver’s license.
    Persons eligible: Member only- If the member’s job duties involve driving or require a driver’s license
    Includes court representation for traffic violations, from pre-charging to post trial sentencing. All appeals, probation violations, and post conviction motions are excluded. (Examples covered include, but are not limited to: Careless Driving, Inattentive driving, Misdemeanor traffic violations, and Petty misdemeanor traffic violations)
    Additionally, all costs (costs are not attorneys fees- these are expenses the firm pays out of pocket or advances to the client) incurred by the Firm shall have a maximum coverage of $5,000 per case.  Cost may include, but are not limited to, online legal research fees, mileage (excluding Fowler’s mileage), filing fees, copy expenses, fax expenses, obtaining police reports, expert witness fees and retainers, depositions, statements, fingerprints, collection of physical evidence, hiring private investigators, etc.  For costs in excess of $5,000, the Member shall be personally responsible.  The Firm has sole discretion in incurring any costs or not.

    III.   DEFENSE of Administrative /employment or Civil proceedings, Job Related: Complete legal representation (all attorneys fees paid) for DEFENSE of Administrative or employment cases relating to termination, demotion, suspension or other disciplinary action by the Member’s employer, within the State of Minnesota.  Appeals to Minnesota and Federal Appellate courts are not covered. Covered cases include: Veterans Preference Hearings, Unemployment Hearings, actions against licensure or certifications, etc. The plan does not cover dissolution of government positions via valid political process.
    The Minnesota Public Employees Association has full responsibility for covering a member in cases of discipline and discharge under the collective bargaining agreement.
    The LDP will also covercomplete legal representation for DEFENSE of civil proceedings, for “work related” incidents within the State of Minnesota. “Work related” means incidents occurring as a part of a member’s public employee employment, OR if it is outside the member’s public employee job duties, but is substantially related to their employment capacity. For example, if a member is engaging in activity while in employee uniform that is related to the employment, such as travel or the incident involves the member’s status as a public employee, the member will be covered. All civil cases are not covered- if for example, the Member has a dispute with a contractor making improvements to their house, and gets sued, it is not a “work related” incident and is not covered. Examples of types of cases covered would include, defense of excessive use of force complaints, civil actions for negligence, civil rights violations, property damage, etc., if they are “work related”
    This service is excluded if the employer, county, city or state indemnifies the officer and/or offers legal representation.  The service of determining whether an employee should be indemnified, and compelling an employer to indemnify, is covered.  Additionally, cases where the Member is a Plaintiff are not covered for free, only cases where the member is a Defendant in a civil action, but the member is entitled to a discount, see section V below.
    Persons eligible: Member only.
    Additionally, all costs (costs are not attorneys fees- these are expenses the firm pays out of pocket or advances to the client) incurred by the Firm shall have a maximum coverage of $5,000 per case.  Cost may include, but are not limited to, online legal research fees, mileage (excluding Fowler’s mileage), filing fees, copy expenses, fax expenses, obtaining police reports, expert witness fees and retainers, depositions, statements, fingerprints, collection of physical evidence, hiring private investigators, etc.  For costs in excess of $5,000, the Member shall be personally responsible.  The Firm has sole discretion in incurring any costs or not.

    IV.       Free phone consultationon any personal legal matter, for any household member– via calling the Firm through its contact information.  Office: 651-287-8883 begin_of_the_skype_highlighting            651-287-8883      end_of_the_skype_highlighting ; or 24 Hour cell 651-357-8877 begin_of_the_skype_highlighting            651-357-8877      end_of_the_skype_highlighting.  MEMBERS SHOULD USE for all emergency incidents

    V.           Discounted Rate for other legal services.  A discounted rate of $150 per hour, regardless of attorney assigned, or a contingency fee reduced to 25 % for all legal services not provided by the plan, subject to: the firm’s ability to provide these services based on subject matter area of practice and jurisdiction; the merits of the case; and whether the Firm in its discretion, accepts the case.  The Firm’s normal rates are $300 per hour depending on the attorney assigned for hourly matters, and normally are 33 1/3 % for contingency matters.  By way of example, and not limitation, the firm does not practice bankruptcy, family law, workman’s compensation, or taxation law.  In family law cases, members will receive a referral to a participating FOP backup attorney who handles family law matters, at a rate close to the $150 per hour rate, but will vary depending on a case to case basis. However, the Firm will attempt to refer the member to a lawyer who will accept the discounted rate if Fowler Law Firm does not practice the desired area of law.              
    Persons eligible: Member and household members.

    VI.       Wills:   A member and spouse are entitled to a set of basic wills for one flat discounted rate of $250.  A basic will does not set up trusts or do extensive estate planning. Members should call and mention their MNPEA PENS legal defense plan membership and schedule an appointment.

    VII.      Exclusions: Except as otherwise agreed, the Firm shall not be required to provide legal representation under the following conditions:
    A.  For pre-existing conditions which are defined as those acts (or offense date) which give rise to criminal charges, litigation or an administrative proceeding which are alleged to have occurred prior to the Member’s enrollment in the PENS Legal Defense Plan, even though the charges, lawsuit or administrative proceedings may have been initiated after such date.  However, if the employer initially indemnifies the member for an incident occurring prior to the member’s coverage date, but then discontinues to indemnify or represent the member; the plan will cover the member if the date of the discontinuation of the employer’s representation/indemnification occurs after the date of the member’s joining the plan.  It is each member’s affirmative duty to renew the plan each year in a timely manner via dues deduction.
    B.  Matters, claims or defenses pertaining to any matter listed herein or which the Firm and/or the Executive Board of the Minnesota Association of Public Employees determine to be
    frivolous, or otherwise non-meritorious including decisions to appeal any judgment or decision.  The Firm reserves the right to make independent professional judgments as required by the Code of Professional Responsibility, regarding the presentation of such claims or defenses.
    C.  Any matters which the Firm, by the Code of Professional conduct, is prohibited from handling.
    D.  Any matters which the Executive Board of the Minnesota Association of Public Employees, in its discretion, directs the Firm not to pursue because the matter does not advance the principles and interests of the Minnesota Association of Public Employees.
    E.  Under no conditions shall this Agreement be construed to provide a Member with legal representation in any action which the Minnesota Association of Public Employees, or any Member of the Executive Board of the Minnesota Association of Public Employees, or its officers may be an adverse party.
    F.  The PENS LDP does not provide covered representation for breach of Duty of Fair Representation claims (DFR claims), as these are considered plaintiff’s cases.

    FOP LDP

    Minnesota FOP Legal Defense Plan

    The Firm’s legal services to members under this Legal Defense Plan (LDP) agreement are as follows:
    I.    Criminal Charges – Trial & Defense: Complete legal representation (all attorneys fees paid) for criminal charges (including DWI and Criminal Traffic matters- meaning where jail time may be potentially be imposed), whether job related or not, within the States of Minnesota and Wisconsin.  Covers all attorneys fees for all stages of representation, from pre-charging to sentencing. All appeals, probation violations, and post conviction motions are excluded.

    Additionally, all costs (costs are not attorneys fees- these are expenses the firm pays out of pocket or advances to the client’s case) incurred by the Firm shall have a maximum coverage of $5,000 per case.  Cost may include, but are not limited to, online legal research fees, mileage, filing fees, copy expenses, fax expenses, obtaining police reports, expert witness fees and retainers, depositions, statements, fingerprints, collection of physical evidence, hiring private investigators, etc.  For costs in excess of $5,000, the Member shall be personally responsible.  The Firm has sole discretion in incurring any costs or not.

    Persons eligible: Member and spouse.
    II.   Motor Vehicle Criminal and Traffic Violation representation: Complete legal representation (all attorneys fees paid) for traffic violations within the State of Minnesota, whether job related or not. Traffic violations in Wisconsin where no jail time may be imposed is NOT covered by this agreement.

    Persons eligible: Member only. 

    Includes court representation for traffic violations, from pre-charging to post trial sentencing. All appeals, probation violations, and post conviction motions are excluded. (Examples covered include, but are not limited to: Careless Driving, Inattentive driving, Misdemeanor traffic violations, and Petty misdemeanor traffic violations)
    Additionally, all costs (costs are not attorneys fees- these are expenses the firm pays out of pocket or advances to the client) incurred by the Firm shall have a maximum coverage of $5,000 per case.  Cost may include, but are not limited to, online legal research fees, mileage, filing fees, copy expenses, fax expenses, obtaining police reports, expert witness fees and retainers, depositions, statements, fingerprints, collection of physical evidence, hiring private investigators, etc.  For costs in excess of $5,000, the Member shall be personally responsible.  The Firm has sole discretion in incurring any costs or not.
    III.     DEFENSE of Administrative /employment or Civil proceedings, Job Related: Complete legal representation (all attorneys fees paid) for DEFENSE of Administrative or employment cases relating to termination, demotion, suspension or other disciplinary action by the Member’s employer,within the State of Minnesota.  The plan does not cover dissolution of police departments via valid political process.   In cases where the FOP member is covered by membership in an exclusive collective bargaining unit (such as a labor union or association), that exclusive representative will have the responsibility to cover the member first in such a proceeding.  In such cases, the LDP will then cover the member only in a monitoring capacity, which may include if needed, the LDP providing the member with the service of negotiating with the exclusive representative; and/or assisting, to the extent the exclusive representative consents, with the preparation of the member’s case; and/or persuading the exclusive representative that the member’s case has merit.  The LDP cannot by law force the exclusive representative to waive its right to represent the member, or interfere with its right to represent the member.

    If the FOP member is not a member of an exclusive collective bargaining agreement, the plan will be the member’s first line of defense in such cases and fully defend the member.

    The LDP will also cover complete legal representation for DEFENSE of civil proceedings, for on the job related incidents within the State of Minnesota. Examples would include, defense of excessive use of force complaints, civil actions for negligence, property damage, etc.  This service is excluded if the employer, county, city or state indemnifies the officer and/or offers legal representation.  The service of determining whether an employee should be indemnified, and compelling an employer to indemnify, is covered.

    Persons eligible: Member only.

    Additionally, all costs (costs are not attorneys fees- these are expenses the firm pays out of pocket or advances to the client) incurred by the Firm shall have a maximum coverage of $5,000 per case.  Cost may include, but are not limited to, online legal research fees, mileage, filing fees, copy expenses, fax expenses, obtaining police reports, expert witness fees and retainers, depositions, statements, fingerprints, collection of physical evidence, hiring private investigators, etc.  For costs in excess of $5,000, the Member shall be personally responsible.  The Firm has sole discretion in incurring any costs or not.
    IV.     Unlimited free phone consultationon any personal legal matter, for any household member– via calling the Firm through its contact information.  Office:651-287-8883 begin_of_the_skype_highlighting            651-287-8883      end_of_the_skype_highlighting; Toll Free:1-877-709-8877 begin_of_the_skype_highlighting            1-877-709-8877      end_of_the_skype_highlighting; or 24 Hour cell number: 651-357-8877    MEMBERS SHOULD USE for all critical incidents.

    V.      Discounted Rate for other legal services.  A discounted rate of $100 per hour, regardless of attorney assigned, or a contingency fee reduced to 25 % for all legal services not provided by the plan, subject to the firm’s ability to provide these services based on subject matter area of practice and jurisdiction.  The Firm’s normal rates are $180 per hour depending on the attorney assigned for hourly matters, and normally are 33 1/3 % for contingency matters.  By way of example, and not limitation, the firm does not practice bankruptcy, family law, workman’s compensation, or taxation law.  However, the Firm will attempt to refer the member to a lawyer who will accept the discounted rate if Fowler Law Firm does not practice the desired area of law.             
    Persons eligible: Member and household members.

    VI.     Exclusions: Except as otherwise agreed, the Firm shall not be required to provide legal representation under the following conditions:
    A.  For pre-existing conditions which are defined as those acts (or offense date) which give rise to charges, litigation or an administrative proceeding which are alleged to have occurred prior to the Member’s enrollment in the FOP Defense Plan, even though the charges, lawsuit or administrative proceedings may have been initiated after such date.  However, if the employer initially indemnifies the member for an incident occurring prior to the member’s coverage date, but then discontinues to indemnify or represent the member; the plan will cover the member if the date of the discontinuation of the employer’s representation/indemnification occurs after the date of the member’s joining the plan.  It is each member’s affirmative duty to renew the plan each year in a timely manner.  Ultimately, regardless of the FOP’s actions or lack thereof in reminding the member, it is the member’s responsibility to renew in a timely fashion (Oct. 31), failure to do so will result in a gap in coverage.
     B.  Matters, claims or defenses pertaining to any matter listed herein or which the Firm and the FOP Executive Committee determine to be frivolous, or otherwise non-meritorious including decisions to appeal any judgment or decision.  The Firm reserves the right to make independent professional judgments as required by the Code of Professional Responsibility, regarding the presentation of such claims or defenses.
    C.  Any matters which the Firm, by the Code of Professional conduct, is prohibited from handling.
    D.    Any matters which the FOP Executive Committee, in its discretion, directs the Firm not to pursue because the matter does not advance the principles and interests of the FOP.
    E.        Under no conditions shall this Agreement be construed to provide a Member with legal representation in any action which the FOP, or any Member of the Executive Committee may be an adverse party.
    F.         The LDP does not provide covered representation for breach of Duty of Fair Representation claims (DFR claims), as these are considered plaintiff’s cases. Specifically, for example, if an FOP member is a member of an exclusive bargaining unit as referred to in Exhibit A, section III above, and the exclusive representative declines to arbitrate or otherwise take the member’s case to the next step or level, the LDP will not litigate against the exclusive representative.

    Link to PDF Comparison Chart:

    http://mnpea.com/wp-content/uploads/2011/08/ALL-LEGAL-PLAN-COMPARISON-updated-Aug-2011.pdf


    Call MNPEA Today For Your Best Option In Public Employee Representation:


    If you're a public employee in Minnesota and are interested in changing your union representation then follow the link here and check out the Minnesota Public Employees Association. $39 a month in dues includes on and off duty Legal Defense Coverage! (FOP Plan for licensed officers and Fowler Law/MNPEA Plan for all other members)


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    mike golen - director - dave deal - president - rob fowler - legal counsel - fraternal order of police (fop) -  fop legal defense plan and membership included in the monthly dues for all licensed members - mnpea legal defense plan for all non-licensed members - minnesota public employees association - mnpea - mnpea.com - fowler law - dues $39 per month - 5 year guarantee on dues - 21st century representation