Star and Shield 4-05 - Safety Employees Benefit Association
Transcription
Star and Shield 4-05 - Safety Employees Benefit Association
Celebrating 58 Years of Service STAR & SHIELD April, 2005 The Official Publication of the Safety Employees’ Benefit Association SAFETY EMPLOYEES’ BENEFIT ASSOCIATION 555 North ‘E’ Street, San Bernardino, CA 92401 (909)885-6074 • (800)655-7322 FAX (909)381-9364 • Web site, www.seba.biz Focus Line (909) 386-7807 Office open Mon.-Fri., 7:30am - 5:30pm EXECUTIVE BOARD OF DIRECTORS William Abernathie, Jr., President (909) 885-6074; E-mail: [email protected] Ken Lutz, Vice-President (760) 241-2911; E-mail: [email protected] Kristen Riegel, Secretary (909) 386-8401 Colin McKenzie, Treasurer (909) 578-4423 STAFF Michael Eagleson, Chief of Staff E-mail: [email protected] Nancy Tate, Senior Field Representative E-mail: [email protected] Mary Blanco, Field Representative II E-mail: [email protected] Ellen Monsalve, Executive Assistant E-mail: [email protected] Mary Hahn, Membership Secretary II E-mail: [email protected] Ruth Perez, Administrative Secretary II E-mail: [email protected] Esther Whitney, Membership Secretary I E-mail: [email protected] Veronica Maynus, Receptionist E-mail: [email protected] STATION DIRECTORS Sergeant at Arms...Stuart Osborne Adelanto...Jon Marhoefer Apple Valley...Joshua Moody Aviation...Mike Ells Barstow...Marie Spain Big Bear...Ed Jimenez CDC...Sebastian Barnes Central Station...Sherri Eversole-Patterson Chino Hills...Brad Enscoe Colorado River...Darryl Weart Coroner...Andy Avery Ct Svcs Desert...Jason Patrick Ct Svcs East...Dean Swan Ct Svcs West...Julie Migaiolo D.A. Desert...Robert Boone D.A. West...Paul Amicone Fontana...Maggie Finneran GHRC...John Parks Hazmat...Vacant Hesperia...Ray Santa Cruz Highland...Laren Leichliter Morongo...Dale Mondary Narcotics...Dan Finneran Probation East...H. Atreus Chandler Probation Desert...Gordon Gregg Probation West...Karen Osborn Probation Corrections...William Forrester Probation Corrections WVJH...Douglas Feil Rancho Cucamonga...Robert Hards Retired...Ken Gopperton Scientific Investigations...Hiram Evans Specialized Investigations...Roxanne East Logan Transportation..Marvin Morton Twin Peaks...Tracy Klinkhart Victor Valley...Glenn Gwaltney Victorville...Robert Johnston Welfare Fraud...Cory McCause WVDC...Danny Rice Yucaipa...William Busto Past President...Jim Erwin 2 SEBA STAR & SHIELD INSIDE President’s message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Weingarten rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Field Representative Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Unit Negotiations Committee Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Are On-Duty Police Officers Protected against ‘Citizen Complainants?’ . . . . . . . . . . . . . 6 SEBA Board Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Californians deserve retirement security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Governor, Labor Gearing Up For Major Pension Showdown . . . . . . . . . . . . . . . . . . . . . . 9 Military Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Off-Duty California Peace Officers at the U.S. Border . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Big Bear Station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Brotherhood of the Badge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Ticket Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2004 tax deductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Memorials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Know your Legislator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Welcome New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Retirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Medical emergency leave donation requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Association Financials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Business Directory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 CALENDAR APRIL Sunday 3 Daylight Savings Time Begins Wednesday 6 21 23-24 Passover Wednesday 4 Thursday 5 Cinco de Mayo • Inland Chapter PORAC Meeting, 6 p.m. Castaways in San Bernardino • Footprinters Meeting, Noon, Shandin Hills Saturday-Sunday Wednesday SEBA Board Meeting SEBA Board Meeting Thursday MAY 27 Administrative Professional’s Day Sunday 8 Mother’s Day Thursday 19 • Inland Chapter PORAC Meeting, 6 p.m. Castaways in San Bernardino • Footprinters Meeting, Noon, Shandin Hills Saturday Armed Forces Day 21 Monday Memorial Day SEBA Closed 30 The Star and Shield is the official publication of the Safety Employees’ Benefit Association published under the supervision of its Board of Directors. Opinions expressed by writers do not necessarily reflect those of SEBA or any members of the Board of Directors. The presence of paid advertising in this publication does not represent a guarantee, express or implied, by the Association, regarding the merchants or service providers advertising herein. Subscriptions for non-members are $6.00 per year. Entered as third class bulk mail, postage paid San Bernardino, CA usps 529. SEBA Mission Statement SEBA is dedicated to protect and promote the well-being and image of its members in the areas of: Collective bargaining; Protection of member rights; Political action to promote the goals of the Association; Services of benefit to the member; and Community involvement PRESIDENT’S MESSAGE By William Abernathie f you don’t know yet, I have taken over as President of SEBA, effective February 2nd. Our past president had been offered and accepted a job with the Treasurer’s office. Jim resigned from the office of President and put in his resignation with the Sheriff’s Department because of that new job. Guess what, our current Treasurer, Dick Larson, the guy who promised the job to Jim if he was the most qualified, the same Dick Larson who decided Jim was the most qualified, withdrew the offer two days before Jim was to start working for him. Fortunately, Sheriff Penrod allowed Jim to rescind his resignation with the Sheriff’s Department. There was discussion among the SEBA staff and Executive board about hiring Jim as the Executive Director for the Association. That position had been vacant for several years and Jim had absorbed all of those duties into his responsibility as president. I felt it was important for the Board of Directors to meet and make this decision. I called for a special Board meeting. It was decided to “table” the motion until additional research could be performed to make an educated decision about whether there was a need for the position or not. The additional information was supplied to the Board of Directors I at our March 2nd Board meeting. There was lively discussion about the pros and cons of filling the position. In the end, with a majority vote, the Board of Directors authorized the search for and hiring of the most qualified applicant for the newly named position of Chief of Administration. It’s been a very busy month for me. I thought I had a handle on all the duties I would be responsible for. Boy was I wrong!! I am learning quickly and getting myself up to speed on all the important issues including contract negotiations, which are in progress with the Hazmat and Probation Correction units. I have met with Sheriff Penrod, and spoken to several station commanders since taking office. It is my intention to personally go to all the stations and departments SEBA represents. I have also met with several politicians, working towards building the same type of relationship Jim had with them. The Richman Initiative (ACAX1) is going forward. This deals with the changing of our retirement system from a defined benefit plan to a defined contribution plan. The governor is collecting signatures for the Initiative to be placed on the ballot during a special election. DON’T SIGN THE PETITION! This is a bad deal for all of us. There will be many more articles about this issue coming out over the next several months. Stay informed about this very important issue. There is one other thing that I must relay to you, the members of this Association. With everything else that has been going on this month, I was promoted to Sergeant. I am extremely happy about the promotion, however it does not change the fact that I am now and will continue to be your President. My probation as Sergeant will not start until I leave the office of President. I have already heard from a few members about their concerns of having a Sergeant as their President. My rank does not and will not affect the way I represent you. I will continue to work for the betterment of the Association and its various departments whose members I represent. There may be times when some of the members don’t agree with my decisions. Just remember, the decisions I make or the Board of Directors make are for the good of the Association. As I said when I ran for the position of Vice President, “If it’s right, it’s right.” I will represent all of our members to the best of my ability. On another note, several retired members have contacted me about putting information into the Star & Shield regarding moves throughout the different departments. As of the last printing, all new promotions, transfers, resignations and retirements in the Sheriff’s Department will be put into the magazine. There will be a few promotions and transfers not reported due to the sensitivity of the assignment. I am working on obtaining the same type of information for the other units represented by SEBA. I think that’s enough for now. Until next time, “stay safe out there.” SEBA SEBA STAR & SHIELD 3 FIELD REPRESENTATIVE Weingarten rights By Nancy Tate eingarten rights guarantee an employee the right to Union Representation during an investigatory interview. These rights, established by the Supreme Court in 1975 in the case of NLRB vs. Weingarten, Inc. 420 U.S. 251, must be claimed by the employee. The supervisor has no obligation to inform an employee that he/she is entitled to Union representation. W What is an Investigatory Interview? An investigatory interview is one in which a Supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his/her con- duct. If an employee has a reasonable belief that discipline or discharge may result from what he/she says, the employee has the right to request Union representation. An employee must state to the employer that he/she wants a Union representative present; the employer has no obligation to ask the employee if he/she wants a representative. Weingarten Rules When an investigatory interview occurs, the following rules apply: Rule 1 – The employee must make a clear request for Union Representation before or during the interview. The employee can’t be punished for making this request. Rule 2 – After the employee makes the request, the supervisor has 3 options; He/she must either. 1) Grant the request and delay the interview until the Union representative arrives and has a chance to consult privately with the employee; or 2) Deny the request and end the interview immediately; or 3) Give the employee a choice of having the interview without representation, or ending the interview. Rule 3 – If the supervisor denies the request and continues to ask questions, you must answer their questions. After each question, state on the record that you are requesting a union representative and you are only answering the question for fear of being insubordinate. A standard statement to ask your supervisor is: “If this discussion could in any way lead to my being disciplined or discharged, I request that my Union representative be present at the meeting. Without representation, I choose not to answer any questions.” SEBA FIELD REPRESENTATIVE ASSIGNMENTS Your Association has instituted a procedure of dividing up representation based upon your duty station. Should the need arise for representation, or if you have any questions regarding your MOU or any other issues, please call the Association office at (909)885-6074 or (800)655-7322 and ask for your Field Representative listed below. Please note: If you have a legal emergency after hours or on weekends, call the Association office and you will be connected with our answering service. They will contact the on-call Field Representative immediately. MARY BLANCO Adelanto Apple Valley Apple Valley Fire Barstow Chino Hills Communications – Desert Coroner Court Services – Victorville Court Services – Rancho District Attorney Fontana Hesperia 4 SEBA STAR & SHIELD Highland Narcotics PCO – West Valley Probation – Victorville Probation – Rancho/West Rancho Cucamonga Transportation Victor Valley Victorville WVDC NANCY TATE Academy Aviation Big Bear Big Bear Fire Central Station CDC Colorado River/Needles Communications – Valley Court Services – Central Court Services – Redlands GHRC HAZMAT IRNET Morongo PCO – Central Probation – Central/East Scientific Investigations Specialized Detectives Twin Peaks Welfare Fraud Yucaipa FIELD REPRESENTATIVE Specialized Peace Officer and Specialized Peace Officer Supervisory Unit Negotiations Committee Update By Mary Blanco he Specialized Peace Officer and Specialized Peace Officer Supervisory Unit Negotiations Committee met on four separate dates to review the results of the contract surveys submitted by the membership, and to prepare opening contract proposals based on the results of the surveys. The top issues mentioned in the survey were retirement, pay increases, and increased medical benefit issues. However, surprisingly enough, many of the issues mentioned were management issues. A large number of the probation officers complained about the lack of adequate training, the constant transferring of employees from one unit to another, the lack of equipment, the need for workload standards to be addressed, and the need for additional bilingual positions. SEBA will be sending out a follow up survey to determine what type of training and equipment the members are requesting. The transfer policy and workload standards are issues that will need to be reviewed and addressed. A proposal for additional bilingual positions was one of the forty- T seven (47) proposals submitted, as were proposals for increased pay, retirement and medical benefits. I would like to take this time to clarify to the Probation Corrections Officer and Probation Corrections Supervisor series why they were not included in the recent survey. These members were actually surveyed last year in preparation for negotiations believed to begin in the latter part of 2004. However, those negotiations with the County never materialized. Therefore, these members will now be included in the negotiations for the Specialized Peace Officers and Specialized Peace Officer Supervisory Unit. These members identified the same issues mentioned by the Probation Officers. Two of the proposals for the PCO series are the proposal for the post and bid of vacancies based on seniority, and the request for a $1000 signing bonus since these members have been working under a contract that expired last year. The Welfare Fraud Investigators requested a P.O.S.T. Certification proposal that was submitted by Cory McCause. I have just mentioned but a few of the proposals that were submitted. Each committee member reviewed the results of the contract surveys for their peers and submitted a request for numerous proposals. I want you to know that these Negotiation Committee members were excellent representatives. They worked tirelessly to insure that your voice was heard. When you see them, ask them for an update on the status of negotiations, and don’t forget to thank them for their excellent representation! The negotiations team consisted of the following members: William Forester, Central Juvenile Hall; Doug Feil, West Valley Juvenile Hall; Eric Vara, Central Juvenile Hall; John Hurst, Welfare Fraud; Stuart Osborne, Probation; Cory McCause, Welfare Fraud; Andy Avery, Coroner’s Office; and Dan Ochoa, Probation. SEBA SEBA STAR & SHIELD 5 FEATURES Are On-Duty Police Officers Protected By Civil Harassment Statutes Entitling them to Injunctions against ‘Citizen Complainants?’ Appellate Court Reverses Trial Court’s Finding that On-Duty Cops Cannot Be Plaintiffs Training Bulleting by Michael P. Stone and Marc J. Berger, Feb. 2005 ollenbeck Area gang officers have been victimized over the last several years by a woman who has several close relatives in the “Big Hazard” gang in East Los Angeles, and styles herself as a “community activist.” Guadalupe Andrade has been engaged in a pattern of conduct designed to intimidate or neutralize any H CAHP Credit Union is here to help members of the SEBA do more, dream bigger and go farther! 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Arrow Hwy. #7 San Dimas, CA 91773 (909) 599-9329 (800) 451-2247 Hollenbeck officer who is active in gang investigations involving “Big Hazard.” Officers Adrian Parga, James Lopez, Felipe Pardo, Tony Perez, Francisco Macias, and their supervisor Sergeant Michael Morrisseau, were referred to us by the Hollenbeck Area Captain, Bill Fierro, and by Los Angeles Police Protective League Director Mitzi Grasso, and asked to take any legal action that might be appropriate to restrain that course of conduct. We assembled a Complaint based on the civil harassment statute, Code of Civil Procedure section. As relevant for this case, section 527.6 provides that an injunction can be granted to enjoin and restrain a “knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.” The statute provides that “The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the plaintiff.” The term “course of conduct” is defined by the statute as “a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, fax, or computer email.” Finally the statute declares that, “Constitutionally protected activity is not included within the meaning of “course of conduct.” This statutory definition obviously excludes free speech Please see Harassment, p. 15 SEBA BOARD MINUTES Regular Meeting Of The Board of Directors March 2, 2005 CALL TO ORDER The meeting was called to order by President William Abernathie at 1205 hours. Pledge of Allegiance Moment of Silence SECRETARY OF THE BOARD – K. RIEGEL Recognize Alternates – Motion by Roxanne Logan, second by Bill Forester to appoint Jason Grantham as the Alternate Director Adelanto. Karen Osborne withdraws Jeff Reece as Alternate Director Probation (West). Motion carries. Motion 2005-03M-11 Approve Minutes – February 2, 2005. Motion by Ken Gopperton, second by Bill Forester to approve the minutes with the addition of recognizing a letter presented to the Board of Directors by Lon Jacobs. Motion carries. Motion 2005-03M-01 Approve Minutes – February 8, 2005. Motion by Roxanne Logan, second by Cory McCause to approve minutes as submitted. Motion carries. Motion 200503M-02 Swearing In of Secretary of the Board – Motion by Robert Hards, second by Dale Mondary to appoint Kristen Riegel as Secretary of the Board. Motion carries. William Abernathie swore Kristen Riegel in as Secretary of the Board. Motion 2005-03M-12 PRESIDENT’S REPORT – W. ABERNATHIE High Desert Jail – Opening date for the new facility is scheduled for October 2005. Approximately 54 deputies will be needed to staff the facility. Projected Academy Classes – 28 deputies will be graduating from the Academy in May 2005. The next class, which will start in June 2005 will have 60 students. Exceptional Service Awards – the Sheriff’s Department announced the Exceptional Service Awards will not be presented this year. The awards will now be awarded every two years instead of every year. Media Relations – San Bernardino County Safety Employees’ Benefit Association has been contacted with regard to the 29th Annual California Peace Officers’ Memorial Ceremony which will be held May 5th- 6th in Sacramento, to ask if anyone will be in attendance for the ceremony. Bill Abernathie proposed providing funds to the Ives Family to travel to Sacramento and participate in the ceremonies. Motion by Jon Marhoefer, second by Robert Johnston to provide no more than $1,200.00 for airfare, meals, and incidentals. Motion carries. Motion 2005-03M-13 TREASURER’S REPORT – C. MCKENZIE Fund Balance Report 02/15/05 Budget Report 02/15/05 Current Budget Target 62.50 % Current Revenue Ratio 58.40 % 4.10% Below projection Current Expense Ratio 61.80 % 0.70% Below projection Funds may have to be transferred from the general funds to building repairs & maintenance to fix a leaking roof. Motion by Dale Mondary, second by Robert Hards to accept the Treasurer’s Report. Motion carries. Motion 2005-03M-03 MEMBERSHIP REPORT-W. ABERNATHIE Membership Status Safety 1230 (-03) Safety Management 170 (-01) Safety Exempt 016 (+00) Specialized) 630 (-03) Specialized – Supervisory 106 (-01) Special Districts 027 (+0) General 059 (+0) Firefighter 054 (+01) Reserve 019 (-01) Retired 578 (+14) Total 2889 ( +7) Bill Abernathie wanted to assure all members that his promotion to Sergeant, effective March 19th, 2005 will not affect any members’ representation. Abernathie will Please see Minutes, p. 18 SEBA STAR & SHIELD 7 Californians deserve retirement security. Please don’t sign petitions to eliminate pensions Californians deserve retirement security. Carolyn Constantino, Public Relations Manager, California School Employees Association Please sign petitions Visit us on thedon’t Web at www.csea.com to eliminate pensions Firefighters, teachers, police and other Californians who are devoted to protecting our safety, educating our children and taking care of our sick and elderly could be left without any safety net when they retire. Prohibits schools & firehouses from offering a secure pension The ballot proposition that is being circulated would prohibit traditional pensions for these public service workers, who don’t even get Social Security. While nearly 60 percent of retirees count on Social Security for at least half of their income, this ballot proposition would leave firefighters, teachers and police officers with only a risky 401(k)-style plan and no safety net for their families. No death benefits for families of police and firefighters This ballot measure would also strip away death benefits for the families of the police officers and firefighters who put their lives on the line everyday to protect us. That’s just wrong! Helps Wall Street profit at the expense of Main Street It would cost California at least $7.6 billion over the next 10 years to convert the retirement system into a 401(k)-style plan. And that is just the beginning. Not only will it cost the state more, but it will leave our public service workers with too many risks for their family’s financial security. The average 401(k) investment lost 40 percent in the recent stock market crash! Employees could lose their retirement savings in risky investments, forcing their families to rely on social services and costing taxpayers more in the long run. Rather than eliminating retirement security for thousands more, we should be trying to find ways to offer the safety net provided by a decent pension to more people—so everyone can live out their lives with dignity and security. Please don’t sign petitions to eliminate pensions 8 SEBA STAR & SHIELD FEATURES Governor, Labor Gearing Up For Major Pension Showdown He’s Pushing For Private Retirement Ideas By Jim Waserman, Associated Press Writer, Ventura County Star, Feb. 23, 2005 G overnor Arnold Schwarzenegger’s proposal to overhaul the pension funds that 2.1 million California State employees have long depended on—by converting the funds into plans resembling 401(k)s – has teachers, firefighters and other workers suddenly worried about their retirement. Under the proposal, which is pitting the governor against government employee unions, Schwarzenegger wants to replace the nations’s two largest public pension systems with private retirement plans similar to the 401(k)s popular with businesses. The proposal is designed in part to make up for the shortfall the pension funds have suffered in a struggling stock market. Because of subpar returns on their investments, as well as enhanced retirement benefits approved during good times, the state will be required to pay $2.6 billion this year into its largest pension fund, the California Public Employees Retirement System, and an additional $1 billion in the teacher retirement system. Five years ago, the state’s contribution was $160 million. Schwarzenegger, who fumes that the pension system is “another government program out of control,” has begun a campaign for his proposal that could attract up to $100 million in spending by business and unions and come before the voters in a special election this fall. His plan would steer all new government workers to individual investment accounts after 2007. Unions, pension fund managers and their allies nationwide are fighting the idea, calling it a power grab designed to stifle the growing influence of the nation’s public pension funds, which collectively manage about $2 trillion in assets. They warn of grim scenarios of ruined pensions and impoverished future retirees cast cruelly to the fates of the financial markets. While a poll conducted in early January showed more than 60 percent of voters supported Schwarzenegger’s idea, this was before both sides started their campaigns. And opponents, including the state’s largest teachers union, say they are not backing down. “The greatest insult I feel about it is he’s trying to balance the budget on the backs of California’s working class,” said 12-year San Francisco firefighter Tom O’Connor. “I don’t think it’s suddenly fair to blame the employees for having a decent pension.” Schwarzenegger is prepared for battle. “There will be the unions and the special interests fighting us,” he told a Republican party gathering February 11. “Now we are going to the source, right there where all the evil is, and we are going to fix this problem once and for all.” It’s not yet known how much resemblance the plan will bear to President Bush’s proposal to privatize Social Security, although both plans envision separate accounts for future retirees. Many other states are also struggling with gaps in their pension funds due to the stock market’s slump and higher payouts to current retirees. If Schwarzenegger’s plan becomes a reality, California will join at least three states, West Virginia, Michigan and Nebraska, as well as the District of Columbia, that have made individual investment accounts mandatory for many of their new public sector hires. But Nebraska dumped it’s private system in 2003 after a study showed that employees invested too conservatively and typically received returns nearly 5 percent less than the state’s professional investment managers. Other states have voluntary private account plans, including Colorado, Florida, Montana, North Dakota, Ohio and South Carolina. Still others have developed hybrids, such as Oregon, which approved a plan in 2003. SEBA SEBA STAR & SHIELD 9 MILITARY MATTERS Members on Military Leave Robert Brown, Deputy Sheriff Anthony Buscemi, Deputy Sheriff Geffrey Cooper, Deputy Sheriff Richard Farrow, Deputy Sheriff Felix Huaman, Deputy Sheriff Family Pride Honoring the military members of our extended SEBA family HT4 Mark W. McDonald U.S. Navy - USS Pearl Harbor. Son of John McDonald, Welfare Fraud Senior Airman Stephen C. Swerline, Jr. U.S. Air Force. Son of Retired Deputy Stephen C. Swerline Sergeant Valerie Everhart CA Army National Guard, daughter of Victoria Everhart SPC James L. Turton U.S. Army In Uzbekistan. Son in Law of Jim Dawson, Needles Station. Staff Sergeant Robert Simendich U.S. AF/Andersen AFB/Guam Son of Lt. Robert Simendich, CDC. MK1-lst Class Petty Officer Eugene R. Cavenaugh Coast Guard, San Juan Puerto Rico. Son of Sgt. Patrick Cavenaugh, Detectives Charles Miller, Deputy Sheriff Shawn Grissom, Probation Corrections Officer Donald Mills Deputy Sheriff Dennis Hancock, Probation Corrections Officer Join SEBA’s “Family Pride” o you have family members or loved ones serving in the War on Terrorism? If so, and you would like to recognize them in the Star and Shield, please fill out the questionnaire below and return it to SEBA. We will recognize your family member in the “Family Pride” section of the Star and Shield. D Service Person’s Name PFC James Barnett U.S. Army, 3rd Infantry, Bagdad, Iraq. Son of Helen Winters, retired deputy AAE2 Chris Thomas U.S. Navy, USS Kitty Hawk Son of Mike Martinez, Probation Officer, West Valley Juvenile Hall Lance Cpl Sean LaCombe U.S. Marine Corps Edwards AFB, California Son of Deputy Julie Park, West Valley Detention Center. Airman First Class Michael Simendich U.S. AF/Hickham AFB, Hawaii Son of Lt. Robert Simendich, CDC PFC Stephen LaCombe U.S. Army 158th Aviation Regiment Currently en route to Iraq. SPC. Anthony Alonzo Son of Deputy Julie Park, West Valley U.S. Army, First Cavalry, stationed in Iraq, son Detention Center. of Deputy Daniel Alonzo, West Valley Richard R. Jones III Detention Center. 1st Lt. U.S. Air Force, fighter pilot Son of retired Sheriff’s Sergeant Ensign Daniel James Breeden Richard R. Jones. U.S. Navy, USS Decatur DDG73 Son of Lester Breeden, Retired, SSG Dion J. Journey Sheriff’s Dept. U.S. Army, stationed in Afghanistan Son of Detective Jay Journey, Michelle Gaul, Builder 3rd Class U.S. Navy Seebees. Daughter of Specialized Detectives Shelby Gaul, Detective PFC Ryan Cardwell Brenda Gaul, Dental Technician 2nd Class U.S. Army, Military Int. Corps. Son of U.S. Navy. Daughter of Shelby Gaul, Kimberly Cardwell, Supervising Detective Probation Officer. Lance Corporal Christopher Martin U.S. Marine Corps, serving in Iraq, son of Detective Wayne Martin, SBSD Criminal Intelligence. 10 SSEBA TAR & SHIELD James Landry, Deputy Sheriff Service Person’s Rank Branch of Service Your Name Your Department Your relationship to the Service Person Your daytime phone number (this will be kept confidential) Fax to SEBA at (909)381-9364, or email this information to [email protected]. Free Dues While You Are Deployed! If you have orders for deployment in the fight against terrorism, please contact the Association office. With a copy of your orders, you may be eligible to have your basic Association dues waived during the time you are away. Just our way of saying “thank you” for taking the next step in defending our national freedoms. Care packages for members serving in the military Do you want to get involved in sending care packages to SEBA members who are currently serving our country in the military? Well, YOU CAN! Once a month, SEBA will be sending care packages directly to our members who are deployed either overseas or in the United States. You can get involved by bringing to SEBA or giving to your Station Director any of the following items: 1. Personal care/sundries 2. AT&T calling cards (MCI doesn’t work in some places) 3. Gift cards for WalMart, Sam’s Club or Costco 4. Disposable cameras 5. A letter from you! GOD BLESS AMERICA! FEATURES Off-Duty California Peace Officers at the U.S. Border Don’t Try To Out-Smart Federal Officers at San Ysidro By Michael P. Stone, Esq., Training Bulletin, December 2004 ver the years, we have handled some unfortunate cases where off-duty peace officers, while on vacation or on a holiday, have been detained and arrested coming across the United States border from Mexico. Their crime? “Alien smuggling.” The frequency of these arrests is certainly not great; fortunately, they are somewhat rare. However, when off-duty cops are caught in this predicament, they uniformly express shock and disbelief: “Smuggling? They’ve got to be kidding!” No, they are not kidding. This is serious…the Government has charged you with a felony… Here, we are not concerned with off-duty officers who have become involved in calculated criminal enterprise and conspiracy, leading to attempts to smuggle contraband drugs or undocumented persons across the border for financial gain (see: Title 8 United States Code §1324 (a)(1)(B) which calls for 10 years’ imprisonment.) Any officer who gets caught up in such a criminal enterprise cannot complain when the Government and U.S. Attorney prosecute him or her to the fullest extent of the law. In fact, you would probably say, “They deserve whatever they get.” Certainly, they will not be peace officers any longer. Rather, this article concerns lessspectacular, ill-conceived attempts O to bring undocumented persons to the border because of friend or family relationships, or “Good Samaritan” intentions, or just to “party” on the U.S. side. By way of example using a hypothetical case, an off-duty officer agrees to help an intimate friend or family member bring a non-citizen friend or family member to the border, hopefully to pass under the U.S Immigration radar, since all of the persons in the car are U.S. citizens, except for one. Usually, there is a “story” agreed upon in advance, to answer questions at the Port of Entry if they are asked, about why the one person has no papers with him or her, or U.S. identification. They don’t expect to be stopped and questioned; but if they are, they hope a concocted explanation will carry it off. If that becomes a problem, “hey, well they’ll find out I’m a cop, and it’ll be okay.” Rarely do they calculate the possibility that they will be arrested for alien smuggling. They don’t realize the crime is completed, by bringing an alien to the Port of Entry. They assume that if they are challenged there, and the alien’s status is discovered, the alien will be turned back, and the U.S. citizens will pass on through. In another variant, an off-duty officer, accompanied by his friends travels to Tijuana or Ensenada for a weekend or on a holiday. They check into a motel on the U.S. side, and head across the Mexico border for some nightlife and fun. They meet young women in Mexico, and after hours of drinking and dancing, hatch a plan to bring the women back across the border “to have breakfast at Denny’s” (?) Hmmm. Again, there might be an agreement that the women should not say anything – let the men (the U.S. citizens) do the talking if necessary. “It’ll be okay because ‘we’re just taking them to breakfast, and we’ll take them back afterward.”’ Typically, the men claim they believed the women are also U.S. citizens, or that they are students at some college in California. But once they are waved into secondary inspection, they are separated, and the story disintegrates. The U.S. citizens are arrested, booked and locked up. The non-citizens are detained, to be deported after they are deposed on videotape (examined under oath) so their statements can later be used against the citizen-defendants. In most cases, these non-citizens agree to cooperate with the Government, and willingly testify that the off-duty officer and his friends were aware that the women had no permission or authorization to be in the U.S, and willingly relate all of the discussions that were had among them as they discussed what to say if they got stopped at the border. The women may portray themselves at the time as intoxicated and passive-innocent passengers who were being taken somewhere for breakfast; it was the men’s idea to cross into the U.S. Under Title 8 United States Code Please see Border, p. 14 SEBA STAR & SHIELD 11 FEATURES Big Bear Station Ken Lutz e’ve battled, fires, floods, rain and snow! Sounds like a new Country-Western song. But the Big Bear Station, located at an elevation of over 6,700 feet above sea level, is more diverse than all others in the San Bernardino County Sheriff's Department. From a premier winter to the perfect summer playground in Southern California, Big Bear has it all. Big Bear has City and County patrol divisions operating with mild summer temperatures and freezing winter conditions of snow, sleet and ice. Deputies operate “code 3” with vehicles equipped with tire chains for trac- W tion, wear the standard Class “A” uniform, with additional layers of thermal clothing and snow boots to function at temperatures well below freezing and then in the summer season, the Marina Enforcement Unit patrols the 22 miles of shoreline and waters of Big Bear Lake in shorts and Polo shirts. Big Bear Station has very active volunteers, which add to the manpower in times of need. Our volunteers work side-by-side with the full-time personnel. While the valley’s population is listed at 21,775, weekends and holidays can swell those numbers to over 100,000 people. This increase requires a huge team effort on the part of the Big Bear personnel. DUES ALLOCATION POLITICAL ACTION FUND The California Fair Political Practices Commission (FPPC) has established guidelines for the collection and accounting of political funds by unions and other interest groups. That portion of your dues that is used for political purposes must be specifically identified and placed into a separate account. The amount used for political purposes is NOT deductible on your federal or state income taxes as a union expense. You may elect not to pay into the Political Action Fund. Currently, the amount of dues allocated to the Political Action Fund is $15 per month. If you elect not to participate in the Political Action Fund, complete the dues allocation form and return it to the Association office. Your contribution will be redirected to the SEBA Charity Fund. PAC DUES ALLOCATION I am requesting that you do not place any portion of my monthly dues toward the Political Action Fund maintained by the Safety Employees' Benefit Association. I understand that my dues will not be reduced and instead will be redirected into the SEBA Charity Fund. Date:_________________ Member Signature:____________________________ ID#:________________ SEBA, 555 N. E St., San Bernardino, CA 92401 12 STAR & Support for Sheriff Penrod and the Department comes from a mix of businesses and citizens groups. Close community ties with a majority of personnel living in Big Bear for many years, leads to a very productive law enforcement environment. The altitude is another factor, which sets Big Bear apart. With a thinner air density than the Valley or Desert areas of the County, the common use of 40 King is not always a resource available to Big Bear. Also, due to the terrain, 40 King is not able to fly at night in the Big Bear area. It is not uncommon for Deputies to settle a domestic violence report and then respond to a variety of animal calls, including bears, snakes, raccoons and mountain lions found in the Big Bear valley. If you think Big Bear is a gono-where station, look at the list of alumni which have passed through it’s doors: Sheriff Gary Penrod, former Sheriff Floyd Tidwell, former Under Sheriff Kendall Stone, former Assistant Sheriff Chuck Follett, former Assistant Sheriff Ernie De Laurie, former Assistant Sheriff Gary Huff, Assistant Sheriff Warren Nobles, Deputy Chief Ron Perrot, former Deputy Chief “Punch” Ringhofer, Captains Ross Dvorak, Virgil Merritt, Paul Cook, Joe Cusimano, Lance Clark, Mark Taylor, John Trumble and Greg Bottrell to name a few. Come to Big Bear, where “altitude is everything!” SEBA Brotherhood of the Badge By Michael Harris, Fresno POA, reprinted from PORAC News, Feb. 2005 he Brotherhood of the Badge project to send surplus police gear to Iraq continues. Since November 2003, I have called for donations of expired ballistic vests and other used equipment from all corners of the state, and the response from agencies has been great. To date, more than 6,000 used ballistic vests have been sent to the fledgling Iraqi police force working side-by-side with our troops. A great number of those troops are California Peace Officers who are serving as reservists and guardsmen. I have received many communications from troops in the battlefield who tell me the flow of equipment to them is slow. I am also told of the typical scenario in which their winter cold weather gear arrives in July when the temperature is 130 degrees. Supplies to assist the Iraqi police are even worse. This is not a criticism of the war effort, but in personally going to Iraq and seeing the backlog of logistics, it is understandable why things operate in a slow fashion. Helping to outfit the nation’s police force by the means that we do business in our country, such as “Contracts and Bids,” is a slow enough process, doing it in a backward country on the other side of the globe makes it worse. The issue of product liability has been questioned by several agencies that have donated their surplus equipment. To relieve those concerns, the city of Fresno has entered into an agreement with Iraqi police officials, who hold harmless all contributions to the project. To further relieve any concerns, I have made efforts to insure that all equipment sent overseas has no indicators as to what agency it hails from. I also keep no records of who made the contributions. The Iraqi police have been extremely appreciative and reports of their effectiveness continue to come in. The mere wearing of one of our cast off vests has bolstered their confidence and they will now “go through the door first.” This is a definite plus for our troops. The collection of the equipment is still through the Fresno Police Officers Association, at 994 N. Van Ness Avenue, Fresno, CA 93728, c/o Detective Michael Harris at (559) 621-2451. A secondary collection point for the Southern T California area is through Captain John Skipper of the Redondo Beach Police Department. Equipment can be forwarded to 533 N. Pacific Coast Highway, Suite B, Box 524, Redondo Beach, CA 90277, or contact Captain Skipper at (310) 379-2477, ext. 2656. In conclusion, I would ask all PORAC members to tug out their patriotic heartstrings and help me help our troops in Iraq. Get that old vest out of the garage and contact your property rooms for all the old gear they have boxed up which they would like to dispose of. No uniforms please, the Iraqi’s have clothing, what they need is safety equipment. Thank you all, and have a safe and prosperous 2005. SEBA HAVE YOU TRANSFERRED TO A NEW STATION? If you have transferred to a new Duty Station, please complete the information below and return to SEBA. This will help us to keep our database current. NAME COUNTY ID# DEPARTMENT NEW DUTY STATION NEW STATION TELEPHONE DATE SIGNATURE Fax to (909) 381-9364 or mail to SEBA, 555 North E Street, San Bernardino, CA 92401 SEBA STAR & SHIELD 13 Border Continued from p. 11 §1324 (a)(1)(A)(iv) it is a felony to encourage or induce an alien to come to or enter the U.S., which may draw up to 5 years prison. By this time, the off-duty officer and his friends have already made various statements attempting to extricate themselves from criminal responsibility and “knowledge” of the women’s true residency. But the explanations are not convincing or even persuasive compared to the circumstances and the testimony of the women. There is the additional problem of false statements to a U.S. officer, a federal crime as well. The detained off-duty officer, of course, has an obligation under most agency rules to notify his employer. But, even if he doesn’t, the federal officers will anyway. Usually, the agency will send its own investigator to the location to gather information for the administrative investigation. By now, the off-duty officer realizes he is in a desperate situation. He must locate and hire a criminal lawyer with expertise in immigration and smuggling laws. He has to arrange for bail. He is facing a felony charge. Nobody in the Government seems to recognize that he is also a peace officer, or seems to care. He is treated like every other “criminal” caught at the border with drugs or non-citizens. “Maybe there will be a plea-bargain; I can get a misdemeanor or even better, a deferral of judgment, and at least I won’t lose my job!” The problem with this thinking is that his employer will look at the case in the following way: (1) Does the evidence suggest that the officer “knew or should have known” that the person(s) he brought to the border were non-citizens and not otherwise authorized? (2) Did the officer plan or conspire to attempt to fool U.S. officers into believing the person(s) were “legal” to cross? (3) Did the officer make any false representations or statements to U.S. officers? (4) Did the officer, when he was first asked questions by a U.S. officer, tell the truth]? (5) Has the incident brought discredit to the officer and the agency? In the typical case, the officer is in trouble on each of the five issues. The result is usually removal from the job, regardless of the officer’s “good package.” Even “coming clean” with his agency’s investigators and accepting responsibility won’t help. The job is gone. But, he’s not done, yet. There is still the criminal indictment to deal with. The cases are usually not defensible, at least not enough to warrant going to trial on a felony. True, maybe the Government will agree to a misdemeanor plea, and not insist on time in prison. But, keep in mind there are Federal Sentencing Guidelines that have to be reckoned with. A recent case disposition is indicative of the likely outcome in a “typical case.” In return for the Government’s agreement to forego the felony charge in the indictment, and to file a Superseding Information, the defendant agrees to plead “guilty” to a violation of Title 8, United States Code §1324 (a)(2)(A): On or about (date, within the Southern District of California, (defendant), with the intent to violate the immigration laws of the United States, knowing and in reckless disregard of the fact that an alien, namely, (name), had not received prior official authorization to come to, enter, and reside in the United States, did bring to the United States said alien. Please see Border, p. 16 14 SSEBA TAR & SHIELD Harassment Continued from p. 6 activity from the reach of the statute. Without this definitional safeguard, the statute would eventually be held unconstitutional. Factually, the officers signed declarations under penalty of perjury that detailed Andrade’s conduct. The declarations recited specific instances by date, time and place where Andrade had filed numerous frivolous personnel complaints on which she invariably refused to be interviewed. The declarations detailed by date, time and place numerous instances where Andrade had engaged in conduct such as blocking the officers’ entrance and exit from the station with her car, following officers leaving the station in their personal cars, photographing officers in the course of performing their duties, picketing, demonstrating, encouraging neighbors to make personnel complaints, and assisting them in completing and filing the complaints, and numerous other lesser similar annoyances. The effect upon an officer’s career of numerous personnel complaints she files will logjam the system, and eventually drive Hollenbeck-gang officers to seek to transfer to other assignments. In court, Judge Haley Fromholz took a decidedly dim view of the plaintiff- officers’ case. The six plaintiffs arrived at court and prepared to testify regarding their own experiences with Andrade. We had three additional Department witnesses lined up to testify to important supporting facts. Lieutenant Bea Girmala, Sergeant Ray Castro and Sergeant Hugo Gutierrez were prepared to chronicle Andrade’s refusal to be interviewed about the personnel complaints, and what the effect of her refusal would be on an investigation. These witnesses, as well as Sergeant Morrisseau, would have testified that when a complainant refuses to be interviewed to follow up on a personnel complaint, the complaint remains pending and unresolved indefinitely, where it hangs like a cloud over the officer’s career advancement. The pending personnel complaint counts against the officer at the time of consideration for annual evaluation or promotion. The Department keeps track of the statistical number of personnel complaints against an officer, and that statistic can hurt an officer’s chance for promotion without regard to the lack of merit in the complaint, and the complainant’s own efforts to impede prompt resolution of the complaints. The plaintiffs also sought to give in-person testimony, to support their claims on several important elements. The plaintiff’s would have given detailed and dramatic testimony concerning emotional distress caused by Andrade’s stalking behavior and by the knowledge that the safety of the officers’ families was also imperiled by Andrade’s course of conduct. The plaintiff’s would have also given updates on the ongoing nature of Andrade’s harassing activities. The update testimony would have been an important ingredient in overcom- ing any constitutional protection that may have been granted for the personnel complaints, and in bringing the conduct current as necessary to avoid being moot in an injunction case. Judge Fromholz, however, refused to allow any witness testimony. He ruled that most of the conduct alleged in the declarations, especially the filing of personnel complaints, was protected speech under the First Amendment. Even though there is no language excluding police officers as a class from the benefit of the statute, Judge Fromholz reasoned that §527.6 does not seem intended for the protection of police officers. He opined that he believed the power to arrest Andrade for resisting a police office on duty under Penal Code section 148 was sufficient protection of police interests. Having found these several barriers to our case, Judge Fromholz stated he did not see how live testimony could overcome them, especially the First Amendment issue. Judge Fromholz denied the injunction, and ruled that the live testimony that was offered would be excluded on the basis that regardless what the testimony would be, the evidence did not meet the test of showing conduct that had no legitimate purpose, since most of the conduct was constitutionally protected free speech. The officers appealed. Based on precedents we cited at trial and on appeal, the Court of Appeal held that the trial court in an action under §527.6 must hear preferred relevant live testiPlease see Harassment, p. 23 SEBA STAR & SHIELD 15 Border Continued from p. 14 The Government agrees to move to dismiss the indictment when the officer is sentenced. But there is a lot more. The officer must stipulate to the “factual basis” for the plea— usually a comprehensive statement of facts showing knowledge and intention combined with the act of bringing the “alien” to the port of Entry, with the intent to violate immigration laws. He must agree not to attempt to withdraw the plea. He must acknowledge that sentencing is up to the judge, after a pre-sentence report by the U.S. Probation Office. There are no guarantees. He must declare under penalty of perjury that the facts stat- ed in the factual basis are true. Finally he must AGREE TO RESIGN FROM THE DEPARTMENT AND PROVIDE THE GOVERNMENT WITH PROOF OF HIS TERMINATION BEFORE SENTENCING. The “resignation” requirement is not always imposed by the Government in every case; that is, plea agreements usually do not require the officer to resign. But our associate in San Diego, criminal law specialist Jeremy Warren, Esq., says that misdemeanor dispositions in these cases are increasingly difficult to obtain. So, the resignation agreement may be the only way to obtain a misdemeanor disposition. But with the factual stipulation, holding on to the peace officer’s job would be highly doubtful anyway. Under §1324(b)(1), any vehicle or conveyance used to commit any of these offenses “shall be seized and subject to forfeiture.” The rules that emerge are these: (1) make sure when you come back to the United States from Mexico, you strictly comply with all laws for persons coming to the Port of Entry; (2) if you are questioned by federal officers, do not try to mislead or deceive them in any way; (3) don’t think that your position as a peace officer will entitle you to any special consideration, sympathy or concessions – it will not; (4) if the violation is present, almost no explanation will avoid arrest and prosecution – almost always fatal to your career. Stay Safe! SEBA TICKET PRICES Aquarium of the Pacific Adult . . . . . . . . . . . . . . . . . . $14.95 Child (3-11) . . . . . . . . . . . . $8.95 Magic Mountain Adult . . . . . . . . . . . . . . . . . . $22.00 Child (3-11) . . . . . . . . . . . . $15.00 Disneyland/California Adventure Adult$ . . . . . . . . . . . . . . . . . 42.50 Child (3-9) . . . . . . . . . . . . . $37.50 Pharaoh’s Winter Day Pass (Expires 4/16/05) Adult/Child . . . . . . . . . . . . . $7.99 (No cars or boats) Disneyland Park Hopper Adult . . . . . . . . . . . . . . . . . . $50.50 Child (3-9) . . . . . . . . . . . . . $40.50 Knott’s Berry Farm Effective 12-24-04 to 12-31-05 Adult . . . . . . . . . . . . . . . . . . $23.95 Child (3-11) . . . . . . . . . . . . $14.95 Pharaoh’s Season Pass (Expires 12/31/05) Adult/Child . . . . . . . . . . . . . $29.99 (No cars or boats) San Diego Wild Animal Park Adult . . . . . . . . . . . . . . . . . . $20.00 Child (3-11). . . . . . . . . . . . . $14.25 Legoland Adult . . . . . . . . . . . . . . . . . . $30.95 Child . . . . . . . . . . . . . . . . . $30.95 San Diego Zoo Delux Adult . . . . . . . . . . . . . $24.00 Delux Child (3-11)$ . . . . . . . . . . . . . . . $14.75 (Includes bus tour and Skyfari ride) Scandia Amusement Park Unlimited Passport . . . . . . . $10.00 (Includes all rides, raceway, Screamer, and golf). Sea World Adult . . . . . . . . . . . . . . . . . . $37.50 Child (3-11). . . . . . . . . . . . . $32.50 Universal Studios One Day Pass (1/24/05 thru 6/30/05) Adult/Child. . . . . . . . . . . . . . . . $36.00 Annual Pass . . . . . . . . . . . . . . . $48.75 Movie Theaters CinemaStar . . . . . . . . . . . . . $5.00 AMC Theatre General . . . . . . . . . . . . . . . . $5.50 Premier . . . . . . . . . . . . . . . . $7.00 (Valid for opening engagements) Edwards, Regal, United Artist General. . . . . . . . . . . . . . . . $5.50 Premier . . . . . . . . . . . . . . . . $6.50 (Valid for opening engagements) Krikorian Theatres. . . . . . . . $6.00 All Sales Final • Prices subject to change without notice 2004 Tax Deductions The following may be deducted as Association dues on your 2004 tax returns. These figures are based on a full year and include ONLY the SEBA dues (and firefighter dues) and PORAC dues portions of your overall deduction. Pro-rate if you did not have a deduction taken the entire year: 16 SSEBA TAR & SHIELD Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$507 Specialized Peace Officer . . . . . . . . . . . . . . . . . . .$507 HazMat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$507 Associate with PORAC . . . . . . . . . . . . . . . . . . . .$270 Associate without PORAC . . . . . . . . . . . . . . . . .$198 Reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$132 Firefighter – Big Bear City . . . . . . . . . . . . . . . . .$612 Firefighter – Apple Valley . . . . . . . . . . . . . . . . . .$252 MEMORIALS CALIFORNIA PEACE OFFICERS MEMORIAL 2005 In Remembrance Officer Howard Stevenson Ceres Police Department EOW: January 9, 2005 Officer Manuel A. Gonzalez Calif. Department of Corrections, Chino January 10, 2005 Officer James Tutino Los Angeles Sheriff’s Department EOW: January 26, 2005 National Police Week: May 15-21, 2005 29th Annual California Peace Officers’ Memorial Ceremony: May 5-6, 2005 www.camemorial.org • [email protected] Honoring Our Fallen Officers SEBA STAR & SHIELD 17 Minutes Continued from p. 7 address this issue in the next issue of the Star and Shield. NEGOTIATIONS REPORT – W. ABERNATHIE Probation Corrections Officer Negotiations – San Bernardino County Safety Employees' Benefit Association has filed an unfair labor practice (ULP) lawsuit. At the time the ULP was filed, the ULP was filed because the County did not want to meet and confer with the Probation Corrections Officers (PCO). When the PCO’s came to San Bernardino County Safety Employees' Benefit Association, they came with their existing contract. The bargaining unit that the PCO’s joined had a contract that expired six months after the PCO’s contract. San Bernardino County Safety Employees' Benefit Association was asking for a 6 month extension, but the County would not agree to this. Since the entire unit will begin negotiations, San Bernardino County Safety Employees' Benefit Association may ask for a signing bonus for the PCO’s. Safety & Safety Management Units – Hazard Pay / Motors – Still being negotiated. San Bernardino County Safety Employees' Benefit Association asked for $3.00 per hour, the County countered with $1.00 per hour, SEBA will counter with $1.75 per hour. SEBA hopes to finalize an agreement before negotiations begin. Environmental Health Unit – SEBA filed an Unfair Labor Practice (ULP) against the County. SEBA 18 STAR & SHIELD Special Districts negotiated and presented an offer that was taken back to the membership. Membership approved the tentative agreement. But the Board of Supervisors has not approved the contract. It is anticipated that additional offers may be made to the unit. The unit agreed to a medical subsidy, like what the deputies are already receiving. A new health plan was offered to the unit, and the negotiation team turned down the proposal. P.O.R.A.C. REPORT – W. ABERNATHIE Five members from the Safety & Safety Management Negotiations team, will be attending a P.O.R.A.C. Collective Bargaining Training in San Diego March 8th, 9th, and 10th. INSURANCE TRUST REPORT – K.LUTZ While reviewing the current LTD policy, it was discovered that by adding $1.50 to the current premium being paid, death benefits could be increased from $10,000.00 to $50,000.00. The Insurance Trust will continue to investigate the death benefit clause. The Living Will/Trust is also being investigated at this time. LABOR REPORT – N.TATE Nancy Tate provided a summary of all labor related actions taken on behalf of SEBA, broken down by bargaining unit. OLD BUSINESS Eligibility of Presidential Election – Attorney Opinion – It is the opinion of Steven Silver, with the Law Firm of Silver, Hadden & Silver, that Lon Jacobs is not eligible to run for President. Jacobs was present at the meeting and addressed the Board asking the Board to reconsider his request to run for President. Past President Jim Erwin reminded the Board that the By-Laws, passed during the February 2, 2005 Board Meeting, would not allow Jacobs to run for President. Furthermore, Erwin informed the Board that Jacobs asked staff to back date his application for membership so that he would be eligible to run for President. The Board advised Jacobs he could run for President in three years. Reclassification of the Positions of Executive Director and Chief of Staff. Motion by Robert Johnston, second by Cory McCause to approve the reclassification of the position of Executive Director to the new classification of Chief of Administration and the position of Chief of Staff to the new classification of Chief of Labor Relations. Approve the filing of both positions consistent with salaried hiring practices, and also to approve the revised job description for the classifications of Chief of Administration and Chief of Labor Relations. The vote was as follows: 22 yea, 12 nay, 0 abstain. Motion passes. Nay votes were cast by the following Directors: Andy Avery, Dale Mondary, Jon Marhoefer, Glenn Gwalthney, Paul Amicone, John Johnson, Ray Santa Cruz, Joshua Moody, Lauren Leichliter, Tracy Klinkhart, Robert Boone by proxy, and Maggie Finneran by proxy. Motion 2005-03M-04 Please see Minutes, p. 19 Planning NEW BUSINESS Continued from p. 18 Ninth International Conference of Gay and Lesbian Criminal Justice Professionals - Motion by Marie Spain, second by Roxanne Logan to approve payment of registration fees for only Ken Lutz to attend the conference. Motion passes. Motion 2005-03M-10 CONSENT CALENDAR The following items will be approved at one time unless removed for discussion by a member of the Board. All removed items will be taken up under item number 29. Donation Request – Victorville City – Sultana Football Booster Club Motion by Andy Avery, second by Karen Osborne to approve a $500 donation to Sultana Football Boosters Club. Motion passes. Motion 2005-03M-05 Donation Request – Hesperia Station – Hesperia High School Athletics Motion by Andy Avery, second by Karen Osborne to approve a $500 donation to Cops N Jocks – Hesperia Police Dept. Motion passes. Motion 2005-03M-06 Donation Request – Executive Board – Future Leaders Summit Motion by Andy Avery, second by Karen Osborne to approve a $500 donation to the Future Leaders Summit. Motion passes. Motion 2005-03M-07 Donation Request – Big Bear Station – Soroptimist International Motion by Andy Avery, second by Karen Osborne to approve a $1000 donation to the Soroptimist International. Motion passes. Motion 2005-03M-08 Donation Request – Executive Board – VFW – Motion by Andy Avery, second by Karen Osborne to approve a $500 donation to the Veterans of Foreign Wars. Motion passes. Motion 2005-03M-09 ANNOUNCEMENTS Next Board Meeting - 04/06/05 ADJOURN MEETING OF THE BOARD OR DIRECTORS The meeting was adjourned at 1400 hours. SEBA MINUTES OF THE POLITICAL ACTION COMMITTEE, MARCH 2, 2005 President Bill Abernathie called the meeting to order at 1400 hours. Approve Minutes – February 2, 2004 – Motion by Roxanne Logan, second by Cory McCause to approve the minutes as submitted. Motion passes. Motion 2005-03P-01 Chairman’s Report – Dennis Hansberger may be running for County Board of Supervisor in the upcoming election. Bill Emerson may run for this position also. Federal Political Action Committee – Discussion regarding Federal PAC contributions. State Political Action Committee - Joe Baca, Jr., Assemblyman, 62nd District Motion by Roxanne Logan, second by Ray Santa Cruz to provide $500 for debt reduction from the recent election. Motion does not pass. Abernathie will follow up with communication expressing why San Bernardino County Safety Employees' Benefit Association would not donate $500. Once San Bernardino County Safety Employees' Benefit Association is fully aware of Baca Jr.’s stand on illegal immigration and Richman Initiative, it may reconsider. Bob Huff, Assemblyman, 60th District – no motion was made. Cory McCause, second by Darryl Weart to have the ability to transfer funds from State PAC fund to the Ballot Measure Committee in the future to support defeating the Richman Initiative. Motion passes. Motion 2005-03P-02 Local Political Action Committee - Council Member Curt Hagman, Chino Hills – Abernathie wants to speak with the Chino Hills Commander and Director to ask for guidance. Rod Pacheco, Candidate for Riverside Co. District Attorney – SEBA Does not support candidates outside of this County. Motion by Cory McCause, second by Karen Osborn to have Abernathie draft a letter of support for Pacheco. Motion passes. Motion 200503P-03 Ballot Measure Committee – Handouts were provided to Board about the Richman Initiative. ADJOURN MEETING OF THE POLITICAL ACTION COMMITTEE Meeting adjourned at 1430 hours. Motion by Roxanne Logan, second by Cory McCause. SEBA SEBA STAR & SHIELD 19 KNOW YOUR LEGISLATOR FEDERAL President George W. Bush Washington DC The White House 1600 Pennsylvania Ave. NW Washington DC 20500 (202) 456-1414 Switchboard (202) 456-1111 Comments Fax (202) 456-2461 [email protected] Senator Dianne Feinstein Washington D.C. 331 Hart Senate Office Building Washington, DC 20510-0504 (202) 224-3841 Fax: (202) 228-3954 [email protected] Senator Barbara Boxer Washington DC 112 Hart Senate Office Bldg. Washington, DC 20510-0501 (202) 224-3553 [email protected] Representative David Dreier 26th Congressional District 2220 E. Rt. 66, Ste 225 Glendora, CA 91740 (626) 852-2626 Representative Jerry Lewis 41st Congressional District Senator Bob Dutton 31st Senatorial District 1150 Brookside Ave. #J5 Redlands, CA 92373 (909)335-9155 State Capitol, Room 305 Sacramento, CA 95814 (916) 445-3688 [email protected] Representative Gary Miller 42nd Congressional District 1800 E. Lambert Rd., Ste 150 Brea, CA 92821 (714) 257-1142 Representative Joe Baca 43rd Congressional District Senator Nell Soto 32nd Senatorial District State Capitol, Room 5108 Sacramento, CA 95814 (916) 445-6868 [email protected] 201 North “E” Street San Bernardino, CA 92401 (909) 885-2222 Assemblymember Kevin McCarthy 32nd Assembly District STATE Gov. Arnold Schwarzenegger State Capitol Building Sacramento, CA 95814 (916) 445-2841 (909) 680-6860 Fax: (916) 445-4633 www.governor.ca.gov [email protected] Assemblymember Bill Maze 34th Assembly District Senator George Runner 17th Senatorial District State Capitol, Room 5082 Sacramento, CA 95814 (916) 445-6637 [email protected] State Capitol, Room 3104 Sacramento, CA 95814 (916) 319-2032 Representing Mojave State Capitol, Room 2002 Sacramento, CA 95814 (916) 319-2034 Representing Barstow Assemblymember Sharon Runner 36th Assembly District State Capitol, Room 6031 Sacramento, CA 95814 (916) 319-2036 Representing Adelanto, Victorville Assemblymember Dennis Mountjoy 59th Assembly District State Capitol, Room 3141 Sacramento, Ca 95814 (916) 319-2059 Representing Apple Valley, Hesperia, San Bernardino Assemblymember Robert Huff 60th Assembly District State Capitol, Room 5164 (916) 319-2060 Representing Chino Hills Assemblymember Gloria Negrete McCloud 61st Assembly District 4959 Palo Verde St. Ste 100B Montclair, CA 91763 (909) 621-2783 Representing Chino, Ontario Assemblymember Joe Baca, Jr. 62nd Assembly District State Capitol, Room 2196 PO Box 942849 Sacramento, CA 94249-0001 (916) 319-2062 Representing Bloomington, Colton, Fontana, Rialto, San Bernardino Assemblymember Bill Emmerson 63rd Assembly District State Capitol, Room 6026 Sacramento, CA 95814 (916) 319-2063 Representing Fontana, Grand Terrace, Highland, Loma Linda, Rancho Cucamonga, Redlands, Upland, San Bernardino Assemblymember Russ Bogh 65th Assembly District 34932 Yucaipa Blvd. Yucaipa, CA 92399 (909) 790-4196 Fax: (909) 790-0479 Representing Big Bear City, Yucaipa COUNTY San Bernardino County Board of Supervisors County Government Center 685 N. Arrowhead Ave., 5th Floor San Bernardino, CA 92415 District 1 – Bill Postmus (909) 387-4850 Apple Valley Fax: (760) 247-6628 Barstow Fax: (760) 256-4994 Twenty-nine Palms Fax: (760)361-8579 District 2 – Paul Biane (909) 387-4833 San Bernardino Fax: (909) 387-3265 Rancho Cucamonga Fax: (909) 945-4037 Wrightwood Fax: (760) 249-3149 District 3 – Dennis Hansberger (909) 387-4855 San Bernardino Fax: (909) 387-3018 District 4 – Gary Ovitt (909) 387-4866 District 5 -Josie Gonzales (909) 387-4565 20 SSEBA TAR & SHIELD WELCOME NEW MEMBERS Marcus Mullen Firefighter Apple Valley Firefighters Richard Gomez, Jr. Probation Corrections Officer W.V. Juvenile Hall Eddie Perez Deputy Sheriff West Valley Detention Center Mary Ann Carney Deputy Sheriff West Valley Detention Center Henry Pena Deputy Sheriff West Valley Detention Center Aaron Rodriguez Deputy Sheriff West Valley Detention Center Daniel Helmick Deputy Sheriff Central Detention Center Joel Camp Probation Officer II Probation Morongo Roberta Alvarez Probation Corrections Officer West Valley Juvenile Hall Zerrick D. Campbell Probation Corrections Officer West Valley Juvenile Hall RayLynn T. Hall Probation Corrections Officer West Valley Juvenile Hall Robert Moreno Probation Corrections Officer West Valley Juvenile Hall Harold Olivo Probation Corrections Officer West Valley Juvenile Hall MEDICAL EMERGENCY LEAVE DONATION REQUESTS CORINA AGUILERA, MUSEUM BELISARIO BOLANOS, SHERIFF’S DEPT. ELIZABETH BRIANO-STEVENS, HSS MELODY CATLETT, ARMC JAMES CONSALVO, SHERIFF’S DEPT. PATRICIA CRONIN, HSS JULIE DEITEL, ARMC LINDA DOAN, SPECIAL DISTRICTS/FIRE IRENE DUNKEL, HSS HOLLY EFFIOM, PUBLIC WORKS KAREN EMERY, SHERIFF’S DEPT. SHARON ENOS, ASSESSOR FRANCES GERDO, HSS THERESA GREERQUIJADA, ARMC KATHLEEN HEWITT, SHERIFF’S DEPT. CAROLYN JARVIS, BEHAVIOR HEALTH JACINTA LAGMAN, ARMC PATSY LAVENDER, ARMC SANDEE LEWIS, HSS JOSEPH MACIAS, ARMC PATRICIA MCCARTER, PUBLIC HEALTH JULIE MCCARTY, PROBATION ZARENOS MERRITT, DA NATASHA NEPOMUCENO, TREASURER / CENTRAL COLLECTIONS DISEP OBUGE, PUBLIC HEALTH MARIA CRISTINA REYES, ARMC SHAKIMA ROWLAND, HSS LYNN RUSSIKOFF, BEHAVIOR HEALTH KATHLEEN SANCHEZ, PROBATION DAVID SCHAACK, ARMC BRET SORENSEN, DA JENNIFER SOWARDS, JESD GUADALUPE SUTTON, ARMC SHARON UNGER, SHERIFF’S DEPT. ELEONORA VELAZQUEZ, SHERIFF ISMAELITA VILLAROMAN, CHILD SUPPORT MICHELLE WARD, HSS MARY WATSON, SHERIFF FLEDA WHITE, MUSEUM County employees wishing to donate vacation, holiday or compensatory time-off hours may do so in 8-hour increments. Please see your department payroll clerk for filling out a Medical Emergency Leave Donation Form. Jesse Owen Sherratt Probation Corrections Officer West Valley Juvenile Hall Shane C. Suarez Probation Corrections Officer Probation Heart Bar Lorena Zavala Probation Corrections Officer West Valley Juvenile Hall RETIREMENTS Ben Boswell Sergeant Twin Peaks Station 22 years Wayne Johnson Deputy Sheriff Court Services Rancho 32 years Allan Foreman Detective Apple Valley Station 25 years Peter Schielke Probation Officer III West Valley Services 21 years SEBA STAR & SHIELD 21 ASSOCIATION FINANCIALS TREASURY(AS OF 2/28/05) OPERATING BUDGET (AS OF 2/28/05) Operating Accounts Income General Operating General Reserve $10,821.35 $308,923.89 Insurance Clearing Arch Wireless Deposit Fund $4,445.70 $9,432.22 Holding Accounts Restricted Accounts $609,131.10 $48,031.77 Total Income $657,162.87 Donation Expense Building Repairs and Maintenance Dues and Subscriptions Equipment Building Note Media Relations Office Insurance Office Supplies Postage Professional Services Taxes and Filing Fees Telephone Utilities Newsletter Subsidy Executive Auto Staff/Board of Directors Pagers Member Death Benefit Expense Financial Assistance Member Retirement Benefits Scholarships Awarded Employee Health Benefits Employer Payroll Taxes Employer Retirement Contributions Employee Salaries and Wages Employee Auto Allowance Board of Directors Executive Board Training Other President $340.00 $11,894.49 Expense Charity Accounts Education Fund Widow/Orphan Fund Legal Defense Fund $102,335.46 $455.97 $167,149.96 $411,164.72 Political Accounts Political Action Committee Independent Expenditure Committee Ballot Measure Committee Slate Mailer Organization Committee $126,010.40 $7,868.52 Insurance Trust/Peace Officer's Relief Fund $1,814,817.23 $3,091.94 $8,804.23 Trust Accounts Total Membership Income Other Income $2,975,321.59 Total Expense Find us on the web at www.ipa-usa.org 22 SSEBA TAR & SHIELD Net Operating Surplus $7,851.86 $23,174.46 $25,780.28 $0.00 $28,129.74 $36,162.65 $11,068.09 $22,696.34 $4,851.24 $15,385.04 $12,641.90 $27,347.37 $16,543.51 $2,364.45 $3,657.32 $3,200.00 $14,388.37 $1,600.00 $42,329.24 $22,849.24 $49,094.61 $259,949.47 $18,761.49 $4,110.28 $2,776.37 $32,832.69 $3,072.70 $5,973.63 $710,826.83 -$53,663.96 BUSINESS DIRECTORY To advertise in the Business Directory, call (909) 686-7575. For Rent Lake Havasu condo, beautiful, near water, $70 per night, 2 rooms, will accommodate 6, no pets, covered car port, fully furnished, cable and phone. Bill and Julie Bussey, 760-948-0969. Income Tax Preparation Helen Winters, Retired Deputy (951) 735-4611 Specialty – Returns for SEBA Families Harassment Continued from p. 15 mony, and that it erred in refusing to do so here. On the substance of the action, the Court of Appeal found, “the pleading does allege courses of conduct, some of which may avoid First Amendment protection, evidencing a continuity of purpose, which served no legitimate purpose and which seriously alarmed, annoyed or harassed the individual petitioners.” Morrisseau v. Andrade, Second Appellate District docket no. B172407, filed January 19, 2005, slip opn. At 15-16. The Court ruled, “ These allegations fall directly within the language of section 527.6.” Id. At p 16. Remanding for trial, the Court recognized that “Whether the courses of conduct alleged are privileged under the First Amendment is certainly a significant issue be addressed, but only after evidence has been received.” Id. At p. 16. The rule for you emerging from this opinion is that you may be entitled to a restraining order or injunction against any individual who engages in a harassing course of conduct against you, even while you are on duty and in the course and scope of your employment. Such a course of conduct would include acts that impede the performance of your duty in ways that, while they may fall short of a criminal violation, nevertheless threaten your emotional well-being or cause you to fear for the safety of yourself or your family, unnecessarily jeopardize your ability to protect the public safety, or unduly penalize you in your career advancement, or result in other highly undesirable manifestations. If you find yourself being subjected to stalking or other conduct that resem- bles the conduct of Andrade in this case you should keep very detailed documentation of the conduct, as well as documenting your own reactions to it and the reactions of anyone affected by it. There is no certainty that an injunction will result from any given set of facts that seems to fit within the bounds of the appellate opinion, and in that way, discover the boundaries and extent to which the civil harassment statute may be counted as another weapon in the police officer’s arsenal. SEBA Porac LDF I.A. Rules Always consult with an association representative/ lawyer before responding to any report, letter, memo and/or questions concerning an investigation which could possibly lead to punitive action. If ordered to do so ask to have it recorded and read the following: NON-WAIVER STATEMENT “I have been refused the right to have a representative of my choice. I understand that I am being ordered to make a report or answer questions and that if I do not comply with the order, I may be disciplined for insubordination. Therefore, I have no alternative but to abide by the order. However, by so doing, I do not waive my Constitutional rights to remain silent under the 5th and 14th Amendments to the United States Constitution, under the protections afforded me under case law.” SEBA STAR & SHIELD 23 Come Ride To Sacramento For The California Peace Officer’s Memorial May 5th and 6th oin the Law Enforcement Motorcycle Association as they ride to Sacramento to honor California’s fallen officers killed in the line of duty in 2004. The Candle Light Vigil is on May 5th and Memorial Service on May 6th. If you would like to make the ride to Sacramento, you can meet up with us at any one of five stops. Bikes will have an easy-to-spot blue ribbon. We will be leaving from the 210 Freeway and Foothill Blvd. in La Verne at the Denny’s parking lot at 0730 in the morning, May 5th. 1st Stop: Fraizer Park and the 5 Freeway at the Arco Gas Station 2nd Stop: Flying J Truck Stop North of Bakersfield at Merced Ave. 3rd Stop: Ave. 280 at the Shell Station in Visalia area J 4th Stop: Avenue 18 in Madera at the Pilot Truck Stop 5th Stop: Ripon Jack Tone Exit, at the Chevron Station. Last Stop: Rancho Cordova just outside Sacramento For Hotel Reservations, call Retika at Hallmark Suites at (916)638-4141 or the Best Western at (916)635-7559 and ask for Karla. For a discounted rate please tell them it is under the name of “Law Enforcement Motorcycle Association,” or (L.E.M.A.) For more information please contact: Bill Fuller at (714)330-1504 (cell), Armando Tapia (909)770-2068 (cell) or Bob McMurrich (951)288-8799. (cell) SEBA FORM California Resident Income Tax Return 2004 Make a Difference Support the California Peace Officer Memorial Safety Employees’ Benefit Association 555 North E Street San Bernardino, CA 92401 ' CA A Peace e Officerr Memorial Foundation n Fund……………………………… 540 $10.00 PRSRT STD U.S. POSTAGE PAID Permit No. 529 SAN BERNARDINO, CA