• Employment issues
• Termination Issues
• Disability
• Civil Litigation
• Critical Incidents
• Personal Injury
• AZ POST Representation
• Employment Issues
• Termination & Reinstatement

• Disciplinary Matters
• Legislation
• Criminal Charges / Litigation
• Credit & Finances
• Health Insurance Issues
• Family Member Assistance
• Domestic Issues
• Retirement

• An officer with a State agency was released from the academy after suffering a knee injury. After his rehabilitation, he was cleared to return to work by his doctor, but the department demanded that he begin his efforts at employment anew by retesting. After involvement by YPKF attorneys with the department, the officer is starting back at the academy with no repeat testing.
• YPFK assisted an officer with a grievance which was being prepared. The grievance was upheld and the officer received the requested relief.
• This officer did not receive a paycheck in a timely manner. YPKF contacted the employer requesting wages and referenced liability on the part of employer for treble damages. The employer immediately paid wages to the officer.
• A class action claim against a county sheriff's office is successfully being presented by YPKF attorneys. So far, employees have received their illegally withheld overtime pay and YPKF is addressing the issues of treble damages, interest and attorneys' fees.
• This officer worked off-duty jobs for a local company. The company intentionally withheld wages. YPKF contacted the employer on the officer's behalf and the officer was paid immediately.

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• After being placed on administrative leave and given Notices of Intent to Terminate on two separate occasions, an officer from a medium size municipal department, with the assistance of his attorney, was returned to work with his termination notices rescinded 
• An officer in a large municipality had findings sustained against her, with a recommendation of termination. With the assistance of her attorney, she was able to settle the matter with a suspension.

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• Officer was demoted from deputy to dispatcher because of illness. YPKF negotiated with the appropriate town officials to allow the officer to see a personal physician. A month later, the officer was released by the personal physician and reinstated to the deputy position.
• Client suffered serious injuries resulting from employment. The employer then discriminated against the client as a result of the disabilities. YPKF was successful in negotiating a part-time job within the department to enable the client to continue working and not suffer further discrimination.
• Officer with a large municipal department was denied disability benefits by the city. The officer's attorney presented evidence at several hearings and meetings and was able to obtain for the officer his disability and retroactive medical benefits. In addition, the officer is to be eligible for long term disability benefits.

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• An ALC member's spouse became despondent and suicidal. He thereafter decided to change the designated beneficiary under his life insurance policy from the ALC member, into the name of his brother and sister. After making this change (removing the ALC member as beneficiary), the despondent spouse took his own life. Although at the time of the despondent spouse's death the policy clearly named his brother and sister as beneficiaries, ALC attorneys immediately contacted the insurance carrier and notified them that the despondent spouse's action was a fraud upon the marital community and ineffective as to a minimum of half the value of the policy. The insurance company, being unsure how to proceed, thereafter suspended any payout and filed a declaratory suit in superior court seeking a court determination as to the proper beneficiary. The case was ultimately settled out of court with the ALC member obtaining one-half the insurance proceeds (in excess of $100,000.00).
• In a large city agency, a veteran of nearly twenty years was placed on administrative leave with pay while an investigation was conducted into alleged misconduct. Although the investigation should have taken only a matter of weeks, it dragged on for nearly a year. Pending the outcome of the investigation, the department ordered the officer to refrain from working any outside employment, including a job held by the officer which he intended to work full-time upon his retirement from the department. After consulting with legal counsel, the officer notified the department that his working conditions were intolerable and unless remedied he would have no reasonable alternative but to resign from the department. Upon resigning from the department, his lawyers at YEN, PILCH, KOMADINA & FLEMMING filed suit for constructive discharge. After months of discovery the officer's lawyers at YEN, PILCH, KOMADINA & FLEMMING were able to achieve a substantial monetary settlement.
• Last year a lieutenant with a rural Sheriff's department was ordered by the Sheriff and others in the chain of command to assist the Sheriff in his re-election efforts. The Sheriff further ordered the lieutenant to have the lieutenant's family members assist the Sheriff. When the lieutenant refused to campaign for the Sheriff or have his family campaign for the Sheriff, the lieutenant was excluded from staff meetings and within days of the general election was fired. After consulting with his ALC attorneys, a claim letter was filed against the County, the Sheriff, and others in his chain of command. The County had 60 days in which to respond to the claim, because it did not, suit was filed in Federal District Court. The ALC attorneys are now awaiting the County's answer.
• YPKF filed an amicus brief against a newspaper, which had issued a blanket request for all internal affairs documents from all agencies within the particular geographic area. The request was withdrawn by the newspaper and the requested documents were not released.

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• In one recent incident, five officers of a small town agency were dispatched to a residence where the subject was reported to have a gun and was threatening to kill himself and any police officers who might come near him. The officers attempted to calm the subject down and subdue him, but when the subject rushed toward one of the officers and aimed his weapon, the officers were required to shoot the suspect. ALC attorneys responded to the scene to ensure that the officer's legal rights were protected and the department's peer support team was in place to care for the emotional well-being of the officers. The ALC lawyers stayed on the scene until the early hours of the morning to attend the investigatory walk-thru's with the officers. Two days later, the ALC attorneys counseled and advised the officers as the required investigation proceeded.
• In another incident, ALC attorneys responded to the scene where several members of a large city's police department had been threatened by a knife-wielding subject. When non-lethal force failed and the subject charged at officers with a machete type weapon, the officers were required to shoot and kill the subject.
• In these incidents, as in other officer involved critical incidents, ALC members were not required to contact union representatives. Instead, they contacted the lawyers directly at the toll-free critical incident phone number given to all ALC members. Incidents have occurred this year all over the State, not just in Maricopa and Pima Counties. The ALC has attorneys available locally to more quickly respond to critical incidents in several locations around Arizona.

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• A member's wife was involved in minor motor vehicle accident during late stages of pregnancy. She sought emergency room treatment to ensure that the accident would not cause premature delivery. YP&K negotiated a settlement on her behalf which included medical expense, lost wages, pain and suffering, plus reimbursement for the disputed amount of rental reimbursement incurred when the adverse carrier initially declined to authorize total repairs on her vehicle.
• A member was involved in an on-the-job motor vehicle accident. The member was subsequently assaulted while attempting to arrest the suspect post-accident. YP&K negotiated with the third-party carrier, satisfied the ICA lien and provided the member with a satisfactory settlement for mental distress as well as pain and suffering.
• A member was involved in motor vehicle accident while in his personal vehicle. The member was forced to change jobs because of his injuries. The adverse party's insurance declined the early offer to settle and a lawsuit was filed. YP&K successfully represented the member in pre-trial mediation. The member received cash and a partially structured settlement for pain and suffering, loss of wages and the reduction in retirement benefits due to the change of job.
• This member and his family were on vacation when a motor vehicle accident occurred. YP&K negotiated a settlement for the family which included medical expense, pain and suffering, reimbursement for loss of the timeshare rental and diminution of the value of member's vehicle.
• This motor officer sustained significant injuries in two separate on-the-job accidents. YP&K successfully represented the member in both cases, which included satisfaction of ICA liens and significant settlements for pain and suffering. The second accident additionally involved bringing a claim against member's own auto policy for underinsured motorist coverage.
• This member was injured in an on-the-job injury. The industrial doctor to whom his claim was assigned suggested an aggressive treatment for the pain caused by the injury to his neck, to include steroid injections. The member declined and requested an alternate and more conservative form of treatment, for which the industrial doctor refused to provide a referral. YP&K assisted this member in obtaining the treatment of his choice outside of industrial, which treatment was secured by a medical lien. In the settlement, YP&K assisted the member by getting both liens significantly discounted. Additionally, the Firm discounted their own fees to allow the member to not only receive treatment of his choosing but also something for his pain and suffering.
• This member, his wife and two minor children were involved in multi-car motor vehicle accident. Although a construction vehicle clearly caused the initial crash, the company's insurance carrier denied liability. Subsequently, the carrier alleged malfunctioning brakes were the cause of the collision, shifted the blame to a repair facility and tendered defense of the matter to the repair facility's liability carrier. They also denied liability for the member's claims. YP&K ultimately filed a lawsuit against both parties on behalf of the member and his family. After the discovery phase of the litigation had proceeded, both parties contributed to a satisfactory settlement for the family's medical expense, emotional duress as well as their pain and suffering.
• The son of an officer was injured intentionally in a basketball tournament by an opposing player. Suit was filed against the sponsor of the tournament and a settlement was reached before trial.

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• The Firm has represented members before the Arizona Peace Officer Standards & Training Board with respect to certification matters. Representation has included successful negotiation of no action, suspension in lieu of termination and Consent Agreements which have allowed the member to relinquish certification without having to endure the hardship of a formal hearing process. Due to the sensitive nature of these matters, details will not be disclosed in this type of format.

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• An officer was terminated from an agency with little evidence of misconduct. The agency failed to provide due process rights by not giving the officer notice of the initial hearing or a valid post-termination hearing. YPKF submitted an appeal and met with appropriate city officials. The officer was reinstated with full back pay.
• This officer resigned from employment. YPKF drafted a confidential settlement agreement between the officer and the department preserving the officer's rights regarding the terms and circumstances of the resignation.
• An officer was terminated based on allegations of seven department policy violations. After investigation and discovery of due process violations, officer was reinstated with a one day paid suspension.
• This officer received a notice of intent to terminate from the employer. YPKF counseled the officer prior to his predetermination hearing. The officer met with appropriate authority and the IA was dismissed.
• This officer was terminated for serious misconduct; however, the employer wrongfully required the burden of proof to be on the employee to appeal the termination. YPKF filed a special action complaint requesting that the court order the department to change its policies. YPKF then negotiated a settlement with the department wherein the officer was allowed to resign in good standing. YPKF negotiated a further settlement with AZ POST wherein the officer's certification was only suspended for six months, instead of being revoked.
• The officer was terminated in November, 2000. During preparation for an appeal hearing before the Merit Commission, YPKF made numerous requests for the officer's personnel files and internal affairs records. The department refused to provide this information, so YPKF filed a Petition for Special Action in Superior Court for violation of the public records law. The Petition was successful on summary judgment and the department was ordered to provide the documentation.
• The client allegedly embezzled money from the employer and the employer made a demand for immediate repayment of approximately $15,000. YPKF negotiated a confidential settlement and repayment plan. No criminal charges were brought against the client.
• The Mayor of a small town ordered an officer's reinstatement but the Chief of Police refused to comply. YPKF filed the appropriate action with the City Attorney and the officer was reinstated with full back pay.

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• A seven year officer was terminated for an allegedly illegal search, failure to document use of force, failure to document an incident and failure to respond truthfully during an internal investigation. After a hearing, the officer was reinstated with approximately 554 hours of back pay.

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• YPKF's attorney's worked closely with and assisted in drafting important amendments to the Arizona Due Process statutes this past legislative session. Known as the "Discovery Bill," our bill passed, in an amended form, to allow attorneys for officers access to discovery prior to administrative appeal hearings. The bill also gives to officers employed by the State (other than D.P.S.) the right to notice, or change, the initial hearing officer assigned to the officer's matter.
• We'll be back again next year in an effort to obtain for our officers full due process rights here in Arizona.

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• An officer was charged with off-duty domestic violence assault and threatening and intimidating. The officer's YEN, PILCH, KOMADINA & FLEMMING, P.C. attorney was able to get all charges dismissed on the day of trial.

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• This officer purchased a product which was never delivered or installed. The client cancelled the order and requested a full refund. The supplier refused to refund the purchase price and further informed the client that there would be an additional charge [to client] for restocking and shipping. YPKF communicated the client's demand to the supplier and further suggested that the client challenge the payment via the credit card company upon which the charge was made. The client advises a full refund is forthcoming.

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• This officer was injured in the line of duty and entitled to receive health insurance benefits via the Alu-O'Hara Act, which his department refused to pay. Although the Act does not provide a remedy for the employee to force recovery, YPKF was successful in enforcing a provision of the Act which revokes 10% of the grant money received by the department for the prior three years as a result of this violation.
• An insurer denied the claim for a cranial headband for an officer's infant child. The headband was required to correct a bone deformity and rejected by the insurer as "cosmetic." YPKF prepared appeals at the first and second levels including supportive documentation from specialist physicians and other medical research. YPKF and the client personally met with the insurer to plead the case. The next day, the insurer approved payment for the cranial headband.
• This officer's spouse had serious health issues. After seeing numerous doctors throughout the Valley, to no avail, it was recommended treatment be sought at an out of state facility. This ten-day program was denied by the insurer. YPKF filed a 43-page expedited review and after extensive negotiations with the insurer, authorization for the treatment program was granted.
• This client's daughter was fighting numerous claims with her health insurance carrier due to the critical need for an organ transplant. YPKF was able to provide needed information regarding the appeals process with her HMO.

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• This officer's teenager let a friend drive their new pickup truck. The friend was involved in an accident which caused serious property damage. The friend and family continuously refused to provide auto insurance information. YPKF contacted the friend's family and successfully obtained insurance information allowing the officer to file a claim for damages.
• This officer's teenager was assaulted at school. YPKF was able to prove the school had notice a fight might ensue and did not take adequate precautions to prevent it. A claim was filed on behalf of the teenager and the school district's insurance carrier settled the claim, covering medical expense, pain and suffering.
• This officer's wife claimed a hostile work environment because of sexual harassment. YPKF assisted the wife with her resignation, particularly the terms of her severance agreement and the release.
• The officer's spouse suffered from a reduction-in-force at her place of employment. The severance package presented to her included a demand for release of all possible claims against employer. YPKF reviewed the agreement and provided beneficial advice to the spouse.

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• Unfortunately, police officers sometimes find themselves on the wrong side of the law. For example, when a domestic relationship sours, an officer may be put in the position of being investigated because a former love interest reports domestic violence to "get back" at the officer. ALC attorneys have seen false reports in misdemeanor charges result in conviction and termination of employment. Recently, YEN, PILCH, KOMADINA & FLEMMING represented an officer who rejected a first plea offer (which was to plead guilty and take probation) and were able to convince the county attorney not to file numerous additional charges. The misdemeanor charge at issue was subsequently dismissed.

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• This officer applied for medical retirement as a result of an on-the-job injury. The physician retained by the Medical Retirement Board disagreed with the officer's claim for disability. YPKF argued the officer's claim to the Board and the retirement was approved. An unsuccessful challenge was filed by PSPRS and the officer is now receiving retirement benefits as scheduled.

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