FEMA and other federal emergency response employees responding to a hurricane, earthquake or terrorist attack; EPA employees responding to a chemical or hazardous material accident; Public Health Service employees responding to a disease outbreak; the U.S. Department of Agriculture employees responding to a disease outbreak among the animal population or crops - are some of the examples of natural or human caused disasters that require federal emergency response employees to think, act and coordinate quickly and effectively.

The scrutiny of the decisions or the process in which the decisions are made during these disasters makes even the best federal emergency response employee vulnerable to investigations and civil actions. Failure to ensure effective coordination of preparedness and response efforts, property loss or misappropriation, disaster payment misappropriation, or some failure to reduce fraud, waste and abuse are just a few of the examples that could lead to demands of accountability from the public, elected officials or special interest groups. These investigations would take the form of an OIG, GAO, OSC, EEO, Congressional or any management directed investigation and/or proposed disciplinary action(s).

There are three areas of exposure that a professional liability insurance (PLI) policy responds to for federal emergency response employees: civil law suits, administrative and disciplinary matters, and criminal investigations. For instance, PLI becomes necessary when an employee:

• becomes involved in a misconduct or administrative matter/investigation for a job related action; or
• is sued personally for a job-related action (i.e., Bivens action); or
• is subject to a criminal investigation for a job-related action.

Defending against allegations of misconduct or other wrongdoing is difficult and in many cases requires federal employees to hire and pay for outside legal counsel - even if the allegation is ultimately disproved. Please read the Administrative Exposures of the policy for additional information. FEDS professional liability insurance specifically protects federal employees and allows for affordable legal representation and indemnity protection for those circumstances in which federal employees may be held personally liable and have to provide their own defense - even though they were within their scope of employment or rendering a professional federal service. For coverage effective today, purchase PLI now.

Having an attorney experienced in federal personnel and employment law to advise you of your legal rights and obligations and also the parameters of the law under which you've been accused is imperative in the initial investigative stages. Access to an attorney would also:

• prepare and defend against congressional inquiries/allegations;
• prepare and defend against any OIG or agency initiative administration or investigation process;
• attend the investigative interview with you; and
• defend you in any resulting disciplinary action (both at the agency level and at the MSPB).

FEMA and other federal emergency response employees can also be exposed to civil suits and criminal investigations, albeit at a much lesser degree than the administrative exposures. The DOJ has the discretion as to whether or not it will defend you in a personal capacity lawsuit arising out of your scope of employment. Employees obligating and administering federal funds, property and contracts can also be investigated criminally for even the most trivial matters and false allegations. See Civil Exposures and Criminal Exposures for additional information about civil and criminal exposures.

FEDS panel of attorneys has successfully defended federal employees in a variety of investigations and disciplinary cases including OIG, GAO, OSC, EEO, and Congressional investigations; and other federal and private-sector employment disputes. Some had professional liability insurance in place and some did not. Paying for your own defense can be very expensive. If it happens to you, having liability insurance will ensure that a complete legal defense is not cost prohibitive.

The FEDS PLI policy also offers all federal employees up to two free ½ hour legal consultations with an attorney experienced in the areas of federal personnel and employment law for matters not covered by the liability insurance. At $270 per year (or $22.60 on our monthly deduction plan) for our minimum coverage limit, there is no reason not to have career and financial security protections in place.

Federal managers are eligible for agency reimbursement up to 1/2 the cost of the professional liability insurance for a net cost of only $135 a year after reimbursement for our minimum coverage limit. You may also want to view the Executives and Managers Info Page for additional PLI exposures and benefits information. FEDS is exclusively endorsed by the Senior Executives Association (SEA), the Professional Managers Association (PMA), and the Federal Managers Association (FMA). If you are a member of one of these associations, you may want to contact them for your FEDS discount code.

FEDS continually works with the federal employee communities, professional organizations, and associations - to ensure that we provide the protection Feds need to do their jobs. Maneuvering the investigative process without legal counsel is not recommended by the leading federal employee and management associations, and law firms representing federal employees. Please read what these associations and other industry leaders have to say about professional protection and why they endorse FEDS over all other professional liability carriers.

FEDS founder, a former federal employee, successfully defended federal employees in private practice. He encourages all federal employees to be as informed as possible about the benefits of having PLI protection in place. Read more about how and why FEDS got started here. And if you can't find answers to your questions in FAQ's, please call us at 301-229-2481.