The Police Officers - Police Officers Labor Council
Transcription
The Police Officers - Police Officers Labor Council
Journal OFFICIAL PUBLICATION OF THE LAW ENFORCEMENT EDUCATION PROGRAM The Police Officers VOLUME 15, NUMBER 4 • FALL 2005 The Police Officers Journal POLC Annual Conference Reflects a World of Change VOLUME. 15, NUMBER 4 • FALL 2005 By Richard R. Weiler Director Law Enforcement Education Program (LEEP©) Send Address Changes to: 667 E. Big Beaver Road, Suite 205, Troy, MI 48083. (248) 524-3200 ñ FAX: 248 524-2752 www//leepusa.com S.O.S. Program: (800) 451-1220 www//polc.org EXECUTIVE COMMITTEE CHAIR: Greg Huggett Battle Creek Police Dept. David J. VanHouten Grand Rapids Communications Paul C. Combs Berkley Public Safety Dept. John Corrigan Jr. Muskegon Police Dept. Richard Hetherington Flint Police Dept. Brett D. McGrew Berrien County Sheriffs Dept. Brian P. Miller Lincoln Park Police Dept. Richard Prince Grand Rapids Police Dept. Thomas Wilk T he 2005 Annual Meeting and Seminar at the Grand Traverse Resort, was notable in so many respects this year, I hardly know where to begin. I am heartened about our progress in the coming year by the responses we’ve received thus far from conference attendees. One of the first changes you’re going to notice is what you’re holding in your hands right now – the new look of our Police Officer Journal. It is the result of a six-month effort to upgrade and improve the format and content of this publication to better reflect on our member units and their members. Another major change took place in Traverse City. At the business meeting on the last day our first order of business was to present, for the first time ever, five outstanding and deserving college-bound students interested in Public Safety careers with $1,000 scholarships from the Law Enforcement Education Program (LEEP). That story is reported fully elsewhere in this edition. I just want to note here that these students were selected from more than 100 applicants state-wide. The LEEP 501(c)3 charitable programs that make these scholarships possible come from private donations, and it is a separate entity from the Labor Council. But It too, is the result of some hard work and a long effort that has finally borne fruit by POLC members who wanted it done. At the business meeting, Executive Committee Members Richard Prince, Grand Rapids PD; Thomas Wilk, Macomb Community College PS; Brian P. Miller, Lincoln Park PD; Richard Hetherington, Flint PD; and Gregg Huggett, Battle Creek PD, were all re-elected to another two-year term on the Labor Council’s Executive Committee. Following the annual meeting, pursuant to our by-laws, the Executive Committee also met and determined who our Chairperson and Vice-Chairperson will be. The Executive Committee chose Greg Huggett, Battle Creek PD as the Chairperson and David VanHouten, Grand Rapids Communications, as its Vice-Chairperson. Macomb County Community College DIRECTOR, Richard Weiler Detroit PD (Retired) PUBLICATIONS Danny Bartley ñ John Viviano Postmaster: Please send returns and all other communications to the Law Enforcement Education Program Business Office: 667 E. Big Beaver Road, Suite 205, Troy, MI 48083. Published by The Dale Corp., (248) 542-2400 Executive Editor, Dale Z. Jablonski Production staff: Diané E. Bertoli, A.J. Malta 2 • Fall 2005 Continued on page  à Returning to the POLC executive board are, from left, Greg Huggett of Battle Creek, Rick Hetherington of Flint, Brian Miller of Lincoln Park, Tom Wilk of Macomb County Community College PS and Richard Prince of Grand Rapids. The Police Officers Journal Ö The first class of LEEP Dream Scholarship winners were seated right up front, some accompanied by proud family members, as guests at the Traverse City meeting to receive some well-deserved recognition. All are aiming at careers in Public Safety. Five T LEEP Scholars Thrilled to be First © he five 2005 Michigan high school graduates who received individual $1,000 college grants at the POLC Conference, Sept. 3 in Traverse City were well aware of their trailblazer status and more than thrilled to get the Law Enforcement Education Program’s helping hand with their career choices. LEEP is the non-profit arm of the POLC. Named as the first winners of what will be the annual LEEP Dream Scholarship program, were: Mitchell L. Blount of Memphis, a graduate of Memphis High School Jennifer L. Demarest of Battle Creek, from Lakeview High School Gregory D. Harland of Riverview, from Riverview Community High School Ryan D. Preston of White Pigeon, from Constantine High School William S. Smith of Tecumseh, from Britton-Macon High School “Law enforcement officers are used to making split-second decisions,” said Richard R. Weiler, LEEP’s Director, “but this year’s crop of high school graduates – particularly those seeking careers in this profession, stirred some very deep, and lengthy deliberations by the LEEP Selection Committee. These were some very tough decisions.” Weiler introduced the students at the POLC business meeting on Saturday and made their presentations official. He noted that the scholarship grants, funded from private LEEP donations (not POLC member dues), will be an annual event. Weiler described the five LEEP scholars as having a blend of maturity and realistic idealism. They were among nearly 100 applicants who sought LEEP grants to pursue law enforcement/public safety careers. The LEEP Scholarship winners all demonstrated a deep commitment to public safety service through school and volunteer activities long before they ever reached their senior year, Weiler said. “Most of the officers on the selection committee were impressed by the maturity and ‘street smarts’ the students displayed in their personal statements which accompanied the scholarship application,” he added. The winning applicants provided these details about their career plans: Mitchell L. Blount of Memphis said he was following the example of several older family members in seeking a law enforcement career. He is enrolled at St. Clair County Community College in Port Huron. An active Eagle Scout, Blount was a senior class officer and a member of the National Honor Society, captain of the Memphis High School wrestling team and also played varsity soccer and baseball while maintaining top grades. Jennifer L. Demarest of Battle Creek is already completing a second year in the advanced Law Enforcement Program of the Calhoun Area Technology Center. She was one of 19 students from area high schools to be accepted into a second year for the center’s classes at Kellogg Community College during her senior year at Lakeview High School. She is seeking a four-year degree in law enforcement at Ferris State University. She has assisted in the Food Bank program, the area soup kitchen, and also served as a volunteer at the Binder Park Zoo. Gregory D. Harland of Riverview will pursue a combined Criminology, Criminal Justice degree at Eastern Michigan University. He has served as a volunteer at the Capuchin Soup Kitchen in Detroit, and also at the Grosse Ile Animal Shelter. Harland won an All-Conference award in the Huron League as a scholarathlete, and MVP as captain of Riverview Community High School’s wrestling team, which advanced to the state finals. Ryan D. Preston of White Pigeon, says he grew up with four police officers in his family and could not imagine any other career choice. He will attend Law Enforcement program classes at Kalamazoo Valley Community College. An honors graduate at Constantine High School, he was captain and All-State Linebacker of the State Champion football team and a member of the League champion track squad. He helped raise funds for 9/11 victims, and was a volunteer to register Kindergarten Roundup students and for community clean-up campaigns. William S. Smith of Tecumseh hopes to be a full-time firefighter. He will enroll at Jackson Community College and take additional firefighting training. A willing worker, according to his teachers at Britton-Macon High School, he has done community volunteer work with his local church, and with the Care and Share program doing home chores for the elderly. He also attended building trades vocational training classes at Lenawee Vo-Tech Center in Adrian. d www.polc.org • The Police Officers Journal POLC’s Law Officers Deploy To Louisiana To Help Emergency Hurricane Relief Efforts N early 100 state, county and local law enforcement officers representing 22 different agencies – including 11 POLC-represented departments – were deployed to Louisiana as part of a joint effort to provide law enforcement assistance in the aftermath of Hurricane Katrina. It marked the first time in police history that officers were deployed to another state to provide assistance, according to Michigan State Police sources. A convoy of 92 officers left the Michigan State Police Training Academy in Lansing early Sept. 5 for a minimum 14-day deployment. They went first to Baton Rouge, La. and met with MSP command officers who had left Michigan a day earlier. Each Michigan officer helped Louisiana State troopers to patrol some of the hardest hit parts of Louisiana. Officers entered the areas in teams, searching building to building for survivors and helped recover bodies. The Michigan contingent included a six-member Emergency Support Team with full equipment, a mobile command vehicle with communications capability and a National Guard transport vehicle with enough supplies to sustain the officers for four days, a tactical medical unit from Life EMS Medic of Grand Rapids and a gasoline tanker from Mooney Oil Company of Flint. Prior to deployment, the officers met at the Training Academy where they received necessary immunizations and briefing materials. Eleven of the departments which sent officers are POLC-represented units, including: Barry County Sheriff’s Department, Berkley PD, Charlevoix County Sheriff’s Department, Cheboygan County Sheriff’s Department, Grand Rapids PD, Jackson County Sheriff’s Department, Jackson PD, Mackinaw City PD, Meridian Township PD, Southgate PD, and West Bloomfield Township PD. Participating officers, who were prepared to sleep outdoors, eat MRE’s and potentially forego showering for up to 14 days said they were pleasantly surprised to find the Louisiana State Police (LSP) had made arrangements for them to stay in a recreation center adjacent to the LSP Headquarters, allowing the officers to unload their gear, take showers, get vehicles repaired, eat and rest. On Tuesday afternoon, the 92 Michigan law enforcement officers were sworn in as Special Officers of the LSP and given full police authority throughout Louisiana. The officers were paired up with LSP troopers, for door to door search and rescue missions in New Orleans. Law enforcement resources from Michigan were requested by the State of Louisiana through the Emergency Management Assistance Compact (EMAC) on Sept. 3. Many departments statewide have offered their services if needed for future deployments, as well. Other departments participating in this deployment included: Burton PD, Dearborn PD, Emmet County Sheriff’s Department, Kalamazoo Department of Public Safety, Lansing PD, Leelanau County Sheriff’s Department, Life EMS Medic, Michigan State Police, Redford Township PD, Saginaw Chippewa Tribal PD, and Washtenaw County Sheriff’s Departmentd àÜ Signs posted in Algiers, La.outside of New Orleans, displayed the short tempers of residents who remained in the storm-damaged community after Hurricane Katrina passed through. • Fall 2005 Photos and snapshots were sent in by New Orleans area residents and volunteers and posted at WWL TV4 News’ web site. The Police Officers Journal Ü Lt. Joseph Labarriere of New Orleans’ Harbor PD took this picture of what he termed “a multiagency rescue mission” in the city’s ravaged ninth ward... Michigan’s law enforcement community was among the early arrivals to assist in police and rescue efforts. Fast Response by NAPO and its Members Greatly Appreciated PANO Sends Its Thanks NAPO web site as posted for all members and relief fund contributors. Ö Police and Fire volunteers used every type of floating craft to find and rescue those stranded by flood waters. This group answered the call in the north Miro/Tonti area of New Orleans on the day that Michigan police officers began operating with New Orleans officrs on such patrols. LEEP Sends $25,000 to Aid Officers in Hurricane Area A s reported at the POLC annual conference in Traverse City, our national affiliate, the National Association of Police Organizations (NAPO) has established a Relief Fund specifically for the needs of our brother and sister officers in the hurricane devastated areas. LEEP immediately contributed $25,000, from private donations and not from membership dues, to assist the NAPO relief program. Even as overtime work efforts continue to try cleaning up the devastation caused by Hurricane Katrina, many police officers in the stricken areas do not even have homes to go back to any more. Your personal contributions are sorely needed, too. The NAPO fund is a 501(c)3 program and will be coordinated with NAPO’s local affiliates, including the Police Association of New Orleans (PANO). For information, contact William Johnson or John Terrill, 750 First St. NE, Suite 920, Washington, DC 20002-4241 or (202) 8424420; FAX: (202) 842-4396. Their web site is at www.napo.org or [email protected]. d Bill, Tommy & NAPO Members: Bill, I wanted to thank you for traveling alone for two days each way to bring the basic needs for the members of PANO & the NOPD. I know many many officers were without the basic needs and were awaiting your arrival knowing you were en route with some relief. Please let your family know you were a blessing and we appreciate them for intruding on your family time. Tommy and the eleven members that traveled to New Orleans with truckloads of supplies what can I say... WOW. You guys were traveling on a tight schedule and were here and gone so fast. Again, the items you brought were in dire need. Many officers lost everything, some were stranded on the 1-10 for three days without food, water and had no clothing or personal items. I have since spoken to several officers and they are so grateful for anything they get. THANK YOU!!! One other thing Tommy please, tell your girls thank you for the gift bag they sent me personally it was GREAT. Members of NAPO you have truly stepped up to the plate and have been so supportive to the members of PANO, can’t thank you enough. Many of you have e-mailed me and wanted an address. Any PANO mail should be sent to 13544 Minou Avenue, Baton Rouge, La. 70809. There is no mail going to New Orleans presently. Lt. Benelli comes to Baton Rouge a couple days a week where I have set up an office. (This office is being supplied by NAPO. I have a laptop and printer which I needed badly and other items. THANK YOU.) I will keep you posted on any new developments here in New Orleans and, just maybe in 10 or so years ya’ll will be ready for PANO to host a convention again. Sincerely, Rhonda McCord, Executive Assistant Police Association of New Orleans www.polc.org • The Police Officers Journal Michigan’s Woeful Economy Hits Police Units Hardest T he statewide fiscal crunch is affecting a growing number of police departments across Michigan. Facing the layoff of 10 police officers in Saginaw, city manager Cecil Collins has proposed transforming some of those police officers into firefighters to fill seven vacancies in the Fire Department. Under his plan, seven of the affected officers would receive fire training to respond as needed to police calls and fire runs. The cross-trained officers would carry firerescue gear in their police cruiser. Saginaw Police Officers Union President Dan Kuhn voiced support for the idea. He noted the Saginaw Police department is down to 89 officers from a complement of 150 five years ago. “I’m looking at this department being destroyed,” Kuhn said. “I’m watching it get gutted. We need to explore other options.” Combined police and fire operations is not a new concept. At least a dozen Michigan communities, including Kalamazoo and Oak Park operate combined public safety departments. The Clinton Township Police Department in Macomb County, also facing fiscal restraints, recently disbanded a short-staffed five-person police special investigation unit. The unit’s existing staff of three officers was reassigned to other duties. The unit had handled drug and prostitution incidents. “We’re getting back to the basics of police work – road patrol,” Clinton Township Police Chief Al Ernst told reporters from the Detroit News. “It has concerned me for a while that the drug unit wasn’t up to full capacity for their safety and effectiveness. If I can’t run it appropriately, I don’t feel comfortable running it.” d • Fall 2005 Labor Council Honors 4 Veterans for Service T wo former POLC Executive Committee members and two former staff members were honored at the Annual Police Officers Labor Council Meeting and Conference and each presented a commemorative plaque honoring them “For long, faithful service and dedication to the furtherance of unionism and professionalism among public safety officers throughout the State of Michigan.” Receiving the special honors were: Robert Heighes from Eastern Michigan University PS, was first elected to the Executive committee in September of 1998 and served through March of 2005. Bob served on the finance and grievance committees until his promotion out of the bargaining unit. Edward Hillyer of Grand Rapids, served on the Executive Committee from 1995 until his retirement from the police department in June of 2005. Ed served on the grievance and finance committees and was instrumental in starting our LEEP non-profit charitable activities. He served as chairperson from 1998-2005 when he retired. Ed now serves the labor council as a labor representative. Thomas Kreis served as a labor representative from 1989 through October 2004, when he was appointed by the state as a state mediator. Tom is the second labor council staff member ever selected to hold this important position. Tom previously served as a police officer in Alpena where he was president of his lodge and the state lodge of Michigan. James Quinn was hired by the Labor Council as a staff representative in March of 1982. Jim retired with 24 years as a representative in July of 2005. Previously Jim was a police officer at the MSU campus and worked as a management representative. POLC Annual Conference Continued from page 2 Both will serve for the ensuing year. Tom Wilk, the previous chairperson chose not to seek re-election and VanHouten was re-elected to his present position as Vice-Chairperson. Congratulations to all!! Delegates at the business session also heard reports from POLC legal counsel, John Lyons, a financial report from our CPA and Auditor, Karen Welch from Walsh & Company and finally my report as Director. I want to thank Dan Viant and Greg Viener of Citizens Bank for sponsoring the Hospitality Room on Thursday and Friday nights – believe me, it was an important part of all the information-sharing that was done and greatly appreciated. d Ö Jim Quinn and wife, Cris, had plenty to celebrate at POLC’s annual conference. In addition to Jim’s retirement honors after a 24-year career as a staff representative, Jim also managed a hole-in-one during the annual POLC golf tournament. The Police Officers Journal POLC Golf Outing: PERFECTION! By Noreen Livesey P erfect weather, a perfect course and even some perfect golf – a hole-in-one – highlighted the annual POLC Golf outing held during the annual conference in Traverse City in September. Again this year, we were able to play on the fantastic Wolverine Course at the Grand Traverse resort. The course was in great shape, and the weather was even better. As befits the intense competition, there was a tie for first place. Two teams came in with a 10-under par score of 62. The Kentwood foursome finally lost to the POLC team of Whetstone, Ramos, Ramos and Hetherington. The tiebreaker was decided by matching scorecards on the #1 handicap hole. Longest drive went to Jason Pence. Closest to the pin was won by Brian Miller. Two teams shared in skin winnings. The first skin went to Jim Quinn’s team, thanks to Jim’s “Hole-in-One” (the seventh of his career) on hole #12. His teammates Fred LaMaire, John Corrigan and Chad Nader shared the winnings. This will be Jim’s last POLC golf outing as he is retiring after 24 years of dedicated service as a staff representative. What a way to finish! The second team skin went to Bob Livesey, Butch Mastroionni, John Lyons and John Trupiano. They eagled hole #8. It was a lucky day for Todd Chouinard of Escanaba. Not only did he win the 50/50 drawing, he also won a golf bag donated by HAP. Other golf bag winners were: E.J. Belmore of Macomb Community College – bag donated by HAP; John Goldpaugh – bag donated by Blue Cross of Grand Rapids; Aaron Schley of Battle Creek - bag donated by Fred Timpner of MAP, and Tom Wilk – bag donated by Rob Pliskow of Nationwide Insurance. Thanks to Tom Schneider of COPS TRUST and Dale Jablonski of The Dale Corp. for the golf balls donated for each player. A special thank you goes to all of our hole sponsors and the above-mentioned organizations for the golf bags, golf balls and other prizes donated to help make this event successful We want to thank all participants in the POLC golf outing. Hope to see everyone back next year. d Ü Following a tie-breaking match-up, from left, Lloyd Whetstone, Rick Hetherington, Karen and Dan Ramos, came up as final winners after tying the Kentwood foursome with a 10-under 62 in regular play during the annual POLC golf tournament at Grand Traverse. Karen is a POLC secretary. www.polc.org • Highlights of the An ® MCOLES Director Speaks on Police Standards á Lead Seminar speaker Ray Beach (right), Executive Director of the Michigan Commission on Law Enforcement Standards, and MCOLES staffer John Steele (left), chat with POLC Staff Rep. Lloyd Whetstone. Bargaining Environment ‘Critical’ Attorney and Arbitrator George Roumell discussed negotiations, mediation, and other procedures leading up to compulsory arbitration – Act 312 and/or fact-finding (for non-312 eligible employees). And if conference attendees weren’t too sure about it, Roumell certainly confirmed that the state of the economy in Michigan is not good. He pointed out that Michigan employers generally, have reduced budgets that offer employees collective bargaining packages of less than the three percent (3%) range. For employers who are subject to state financial control and the critical pressures of reluctant taxpayers, it becomes especially important to try to hang on to current benefits and not hope for significant increases or modification. Sometimes, holding on to what we have is the most prudent course to follow, he indicated. Roumell also noted that while most economic demands include health care, wages, and pension issues and their respective costs, most Arbitrators do recognize that employers are having severe difficulty coping with the extreme hikes in health care costs, greatly reduced revenue sharing, and a declining economy in today’s labor markets. Employees, on the other hand, may have to determine priorities and make serious choices about where their members can benefit most from the available economic packages. It is not reasonable to expect gains if proposals include increases in all areas such as health care, wages and pensions, he cautioned. Arbitrator Roumell praised the Labor Council’s staff as most experienced and knowledgeable. He urged members to consult with, and act on, staff representatives’ advice in order that equitable contracts can be obtained. d 8 • Fall 2005 Raymond Beach, Executive Director of the Michigan Commission on Law Enforcement Standards (MCOLES) reviewed MCOLE’s mandate to ensure that Michigan’s professional law enforcement community meets the highest standards He told attendees that the federal HR 218 “Law Enforcement Officers’ Safety Act” has caused some specific concerns with regard to the right to carry a weapon. He also detailed how the Attorney General’s office has been trying to address the issue to satisfy legal requirements. Beach indicated that the Commission stays in contact with all police units and specifically asked for POLC member responses on how to further advance the interest of the law enforcement profession. d Making use of the Mediation Process Tom Kreis, State Mediator, and a former POLC staff representative, (the second POLC representative to be chosen by the state as a mediator) detailed the advantages of mediation prior to going to binding arbitration, grievance arbitration or fact-finding for conference attendees (including many new unit stewards in attendance). He stressed how issues should be pared down and noted that whatever is said by either party to a mediator is confidential. Kreis further stressed that mediation for grievance matters is another way to attempt to resolve issues prior to the final step of the grievance procedure, as mediators will make themselves available to the parties. d Financial Planning In a ‘Down’ Economy In these critical financial times, Leon LaBreque, CPA, JD, and CFP (certified financial planner), also spoke about the state of our economy. He indicated ways in which Hurricane Katrina will most likely affect not only the nation’s economy but Michigan’s as well, in the coming months. He noted some obvious items: that gas prices are on the rise – over the three dollar mark, and further – and that we can expect rises in the price of coffee products as well. Interestingly, one-third of U.S. coffee products were received through the port of New Orleans prior to Katrina. Obviously, other ports will have to be used. Gas prices will continue upward, unless the government releases its reserves (and they did). nnual POLC Conference Health care costs continue to spiral upward driving the consumer to pay more in premiums and deductibles. There are indications that Medicare changes may help; but, many factors will impact on investment funds and retirement portfolios – and planning. LaBreque suggested units may want to consider starting up a “Retiree Medical Trust” (RMT), in the area of health care costs. An RMT is funded while one is actively working. Fund payments for premium and health care costs would be pre-funded and potentially available when one needs it most – at retirement. d A Look at Police Officers and the Law A panel discussion was held covering Garrity, Weingarten and Miranda rights. Mark Douma and Tom Zulch from the firm of John Lyons Esq., POLC General Legal Counsel and John Goldpaugh, Goldpaugh Associates, Chief Counsel to the DPOA, took part. The panel stressed that “Garrity” rights protect public employees’ Fifth Amendment rights to be free from self-incrimination. Your employer may order you to answer questions related to your job performance. Failure to answer truthfully has been held to be cause for discipline up to discharge. These statements cannot be used against you in a subsequent criminal proceeding. Weingarten Rights provide that employees have the right to union representation during questioning or interviewing of an employee by the employer which could result in discipline. á POLC Attorney John Lyons didn’t mince any words as he introduced a panel on Police rights for annual meeting attendees As far as Miranda Rights, the panel told attendees that when the target of any criminal investigation, one should never give any statement. As you know, “Miranda” statements can and will be used in criminal proceedings. d Legislators Debating Police Rights James Curran of Karoub Associates, POLC’s lobbyist in Lansing gave an update on pending legislation. Of special interest is the “Garrity’ Bill POLC helped sponsor through our legislative arm, Michigan Association of Police Organizations (MAPO). This bill is sponsored by State Senator Alan Sanborn of Macomb County. As currently written, it makes all statements given to be confidential and open to public inspection only if written consent is given by the involved law enforcement officer. The statements are subject to subpoena of the Attorney General and/or court order. d á State Senator Jason Allen of Traverse City (at right) officially welcomed the police officers to the city and also discussed some legislative matters with POLC Executive Director Richard Weiler before the sessions began. Ü From left are POLC staffers Karen Ramos, Diane Mastroionni, Noreen Livesey, Golf Outing Coordinator Butch Mastroionni (standing) and Bob Livesey. www.polc.org • 9 The Police Officers Journal MCOLES Extends Jobs Deadline for Police Candidates I n April, the Michigan Commission on Law Enforcement Standards (MCOLES) acted to permit returning military veterans to resume their career ambitions by extending a former two-year deadline to find law enforcement jobs after completing training requirements. MCOLES’ action addresses a major problem for law enforcement candidates who are members of military reserve or National Guard units called to active duty before the candidate found law enforcement employment, it was noted. The change in administrative rules also extends the deadline for any pre-service candidate unable to secure law enforcement employment to pursue a law enforcement career without repeating an academy program. The Commission action suspended the portion of the administrative rule that established the two-year time frame for pre-service graduates to become employed as law enforcement officers. Candidates who, for any reason, were unable to secure law enforcement employment within one year of successfully completing the training process will also be able to access the Waiver of Training program to gain additional eligibility beyond the former two-year limit. Candidates most directly affected, must have passed the State Licensing Examination, and the military service must have been honorably served. To take advantage of this benefit, MCOLES must be supplied with documentation of the dates of active military service. While pre-service law enforcement candidates are not covered by provisions of the recently enacted Uniformed Services Employment & Reemployment Rights Act (USERRA), the MCOLES action removes a punitive restriction on some returning Michigan reservists who have honorably served their country and are not covered by the Act. The USERRA requires employers to reinstate permanent employees to their former job after active duty or to a comparable position with the same status, seniority and pay. To be eligible for reinstatement, employees must: • Give advance notice prior to leaving • Be on active duty for less than five years (excluding certain service required by a declared war or national emergency) • Not be dishonorably discharged or separated under other than honorable conditions; and • Report back to work in a timely manner after discharge Permanent employees are entitled to the same status, pay and benefits they would have received had they not gone into active duty. Employers must use reasonable efforts, such as training, to enable returning veterans to upgrade or refresh their skills to become qualified for that position, if needed. d ★★ USERRA POSTER AVAILABLE From MCOLES and ESGR P osters explaining the rights of employees in the National Guard and Reserve under the Uniformed Services Employment and Reemployment Rights Act are available from the U.S. Department of Labor and must be available at all work sites. The poster may be downloaded from the U.S. Department of Labor’s web site at: http://www.dol.gov/vets/programs/userra/poster.pdf. d 10 • Fall 2005 ★ ★ YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. REEMPLOYMENT RIGHTS HEALTH INSURANCE PROTECTION You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and: ✩ If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military. ✩ Even if you don't elect to continue coverage during your military service, you have the right to be reinstated in your employer's health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries. ✩ ✩ ✩ ✩ you ensure that your employer receives advance written or verbal notice of your service; you have five years or less of cumulative service in the uniformed services while with that particular employer; you return to work or apply for reemployment in a timely manner after conclusion of service; and you have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job. ENFORCEMENT ✩ The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. ✩ For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm. ✩ If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, depending on the employer, for representation. ✩ You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA. RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION If you: ✩ ✩ ✩ are a past or present member of the uniformed service; have applied for membership in the uniformed service; or are obligated to serve in the uniformed service; then an employer may not deny you any of the following because of this status: ✩ ✩ ✩ ✩ ✩ initial employment; reemployment; retention in employment; promotion; or any benefit of employment. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. U.S. Department of Labor 1-866-487-2365 The rights listed here may vary depending on the circumstances. This notice was prepared by VETS, and may be viewed on the internet at this address: http://www.dol.gov/vets/programs/userra/poster.pdf. Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying this notice where they customarily place notices for employees. 1-800-336-4590 Publication Date—February 2005 Ü Real documents, images, and public perceptions of law enforcement over the centuries will be part of the National Law Enforcement Museum’s collection. National Police Museum Wants Antique Memorabilia National Law Enforcement Officers Memorial I f you have a vintage bottle of rum-runner’s hooch from the Prohibition Era (even an empty bottle) or some original arrest paperwork on a member of Michigan’s infamous “Purple Gang” gathering dust in your basement – and you can prove those items are the real thing, you can help build the National Law Enforcement Museum’s collection of historical law enforcement items. The Museum is scouring the country to obtain objects, documents, and law enforcement memorabilia to tell the story of U.S. law enforcement from the 17th century to the present. Items such as those suggested below are needed for the Museum’s collection: •Uniforms, gear, police equipment, communications tools, badges, vehicles, and weapons, particularly items involved in interesting events or that have historical significance (e.g., first examples, those that show changes in technology, etc.) •Evidence from significant 19th and 20th century crimes – such as items belonging to notorious criminals (Bonnie and Clyde, Al Capone, etc.) •Pieces of evidence used for the first time or in significant cases utilizing forensic methodology (fingerprints, tread analysis, hair samples, type comparisons, etc.) •Items showing law enforcement in pop culture (contemporary and historical), including movie posters, comic books, pulp fiction, action figures, general memorabilia •Academy training manuals, textbooks, videos, and equipment demonstrating the breadth of instruction law enforcement officers received •Objects or documents from notable law enforcement officers •Objects, documents, and images that reflect the experiences of contemporary law enforcement officers •Law enforcement gazettes, newspapers, broadsides, unpublished memoirs, and photographs Items for NLEM’s collection will receive the highest standards of care, will be thoroughly researched, and will enable the general public and generations to come to have a greater understanding of the law enforcement profession and its relationship with American society. All items accepted into the NLEM collection will be acknowledged and will be tax deductible to the full extent allowed by law. To donate your artifact to the National Law Enforcement Museum, please contact Exhibitions Coordinator, Kimberly Nelson Hanser, at (703) 278-0791 or e-mail [email protected]. You may also download forms from the Museum web site (www.nleomf.com/ TheMuseum/donationform.pdf) and fax them to 202-737-3405. Please do not ship anything to the NLEOMF offices before you’ve talked with the Exhibitions staff. They will want to talk with you about your potential donation. In November 2000, Congress passed a law, signed by then President Clinton, authorizing a national law enforcement museum to be built on federal property across from the National Law Enforcement Officers Memorial in Judiciary Square. Scheduled to open in 2009, the 90,000-square-foot National Law Enforcement Museum in the nation’s capital will be the first national museum in the world dedicated to law enforcement. The Museum will celebrate the vital contributions that America’s law enforcement officers have made to our nation. It will be filled with hands-on activities, state-of-the-art interactive technology, and rotating educational exhibits that will explore the past, present and future of law enforcement in America. More than 500,000 visitors from around the world are expected yearly. In addition to the exhibits, the museum will offer a forum for important discussions on current and emerging trends in law enforcement and serve as a research repository for law enforcement safety. d www.polc.org • 11 Member News Mackinaw City Seminar Bridges the Gap By Danny Bartley M ichigan’s Upper Peninsula law enforcement community cannot easily take the time to travel all the way to Troy or Grand Rapids to attend the POLC’s usual training seminars, so our staff went a few extra miles to bring an updated seminar to Mackinaw City in June. Chief legal counsel John Lyons offered presentations on Garrity, Miranda, Loudermill, Weingarten and the Polygraph Protection Act, and POLC Executive Director Richard Weiler told the attending unit members about pending legislation affecting law enforcement in Michigan. State Mediator Tom Kreis was on hand to help inform members about MERC Mediation Services. The presentations were well received, and were followed by an extended question and answer session that provided extra benefits for all in attendance. An extra benefit for attendees was the ability to network with fellow union members with the same interests and problems. The ability to find resource contacts should prove valuable as contract talks and internal issues arise. As a reminder, these seminars are free. The only cost to you is your time. Check out the next POLC flier announcing a training seminar in your area and do yourself a favor – attend. It is well worth your time. d à Grand Rapids unit Chief Steward David Leonard (left) and POLC rep. Fred LaMaire (at right) were in scheduled bargaining sessions but took a quick break when Michigan Governor Jennifer Granholm stopped by on a campaign swing through the city. She met with local labor leaders at the Grand Rapids union hall earlier this year. 12 • Fall 2005 á There wasn’t an empty chair to be found at the Labor Council’s annual meeting in Traverse City as attendees packed the meeting room for the Seminar presentations and update sessions. Premium on Unused Seminar Seats Can be Costly By Danny Bartley A major benefit of POLC membership is the Regional Training Seminars offered by your union. In discussions with potential new members, I have often been told that these non-POLC members have to attend their union’s Annual Meeting to receive their “training.” It’s interesting to me because “annual” means once per year – so I wonder what a new steward does to get the needed training to perform their union functions on a day-to-day basis should they become a steward after the “annual” meeting. The ability to act as facilitators and stewards to a unit’s members is part of a constantly changing process. Laws change every time the legislature meets; arbitration awards and court decisions can have huge effects on law enforcement, some good and some not so good, and changes in policy by the Michigan Employment Relations Committee affect everybody in the Labor professions. In most cases, those who serve as stewards need to have current knowledge in hand before thorny issues arise. Unions which offer training to their membership on a once per year basis are not offering good representation. In fact, that kind of training concept “flies in the face” of what representation really means. The POLC’s series of regional training seminars, as well as the training programs which were held at our Annual Conference is a responsibility we take very seriously, and it demonstrates our commitment and dedication to providing service to our member units. Having informed and trained members is a benefit not only to the local units, but also to the organization as a whole. Catch up with where you should be by attending the next POLC Regional Training Seminar. If you’d like a schedule of our upcoming programs or want to schedule one in your area, all it takes is a call to the POLC office. d The Police Officers Journal Contract Settlements Midland Police Command Officers Flushing Township Patrol Officers • Five-year agreement • Three-year contract • Wages: 3% eff. July 1, 2005 3% eff. July 1, 2006 3% eff. July 1, 2007 3% eff. July 1, 2008 3% eff. July 1, 2009 • Wages: 2% eff. April 1, 2006 2.5% eff. April 1, 2007 3% eff. April 1, 2008 • Signing bonus: $500 per member, payable after council ratification • Health Care: A deductible for prescriptions or office visits was instituted not to exceed $25. Employer has right to institute a deductible for hospital emergency room visits not to exceed $50 • Administrative Lt. and Detective Lt. add one hour EBT for 42-hour work week • Shift premium: $130 for night officers • Compensatory time: Adds Training Out of Town - overnight - three or more days • Holidays: The 24 hours from 6:15 a.m. on the day of the holiday to 6:15 a.m. of the following day; adds day after Thanksgiving • Health Care: Dental premiums go to $35 per month eff. July 1, 2005, and to $40 per month eff. July 1, 2006. Employee contributions for health and life insurance costs remain the same • Duty Disability: Additional sum can be extended up to a one-year period from the date of injury. Bargaining Team: Cliff Block, Pat Hansen, George Hutter, and POLC Rep. Jerry Caster. • Retirement: MERS multiplier increased from 2.5 to 3 with costs paid by the employer • Other improvements: An extra sick leave day per year, raising life insurance from $40,000 to $60,000, Longevity goes from $1500 for 10 years service to $2,000; 15-year longevity payment increased from $2,000 to $2,500 • Patrol officers negotiated an improved 8-hour shift schedule allowing all officers assigned to patrol part of a weekend off Bargaining Team: Minette Coe, Louis Cook, and POLC Rep. Homer Lafrinere. Pittsfield Township Lieutenants & Sergeants • Two-year reopener, wages only • Wages: 4.78% increase eff. Jan. 1, 2005 3% increase eff. Jan. 1, 2006 • 1% reduction in employee’s MERS contribution Bargaining Team: Donnie O’Farrell, Steve Heller, Brandon Williams, and POLC Rep. Duane Smith. Continued  à Bargaining unit members (from left) George Hutter, Cliff Block, POLC Rep. Jerry Caster, and Pat Hansen sign their newly ratified five-year contract. www.polc.org • 1 The Police Officers Journal Kentwood Police Patrol Officers Traverse City • Three-year contract • Three-year contract • Wages: 2% eff. July 1, 2005 2% eff. July 1, 2006 1.5% eff. July 1, 2007 Top pay: $56,000 • Wages: 3% eff. Jan. 1, 2005 2% eff. Jan. 1, 2006 1.5% eff. Jan. 1, 2007 • Pension: Increased employer contribution to Defined Contribution Plan by 1.5% over the term of the agreement • Increases in short-term disability eligibility, compensatory time and vacation time • Retiree insurance: Increased from $10 to $12 times years of service • Health Insurance: Increased drug co-pay to $10/$20 Premium Sharing: $8 per pay period, eff. Jul. 1, 2005 $12 per pay period, eff. Jul. 1, 2006 $15 per pay period, eff. Jul. 1, 2007 • Insurance Opt-Out: Amount increased from $1,200 to $2,400 • Short-Term Disability Insurance: Employees may purchase STD benefits with employer agreeing to deduct cost through payroll deduction Bargaining Team: Brian Berry, David Peuler, Paul Schaaf and Don Tuuri, assisted by POLC rep. Fred LaMaire. Portland Police Department • Pension: Multiplier increases from 2.5% to 2.8% at no cost to employees • Contract also includes improvements in promotional and grievance procedures and other changes, that were satisfactory to the bargaining unit Bargaining Team: Paul Ellul, Scott Maxson, and POLC Rep. Fred LaMaire. Tecumseh • Three-year contract • Wages: 2% eff. July 1, 2005 1.25% eff. Jan. 1, 2006 2% eff. July 1, 2006 1.25% eff. Jan. 1, 2007 2% eff. July 1, 2007 1.25% eff. Jan. 1, 2008 • Health Care: Change in carrier of drug card only, no increase of deductibles • Three-year contract • Retirement: One year free to members who retire in this contract period. • Wages: 3% eff. July 1, 2004 3% eff. July 1, 2005 3% eff. July 1, 2006 Bargaining Team: Assisted by POLC Rep. Duane Smith. •Insurance: City contributes $4,762 for single coverage, $10,761 for two-person coverage and $12,155 for family coverage. City agrees to fully pay for insurance premiums for single person coverage and increases in premiums for two-person and family coverage up to 10% each year. Premium increases in excess of 10% shall be split 50/50 between the city and the employee. Employees paying for two-person or family coverage agree to contribute up to $100 per month under this formula •Retirees: The parties agree to reopen the retiree health insurance portion of the agreement to negotiate future retirees possible participation in the MERS retiree health insurance plan(s) as soon as a group retiree health insurance plan is available to retirees through MERS •Payment in Lieu of Insurance: Cap payment in lieu of health insurance at $1,200 for new employees hired after Dec. 8, 2004 •Longevity: Increase cap on longevity from $1,000 to $1,200 •Fitness for duty: Employer has the right to require a fitness for duty evaluation and the right to select the doctor. The city will agree to a second evaluation if the union or employee obtains an opinion (at their cost), which disagrees with the city’s initial evaluation. The city and the employee will split the cost of the city’s second evaluation. “Fitness for duty” language shall be subject to approval by union business agent and city’s labor counsel Bargaining Team: Ofc. Todd Mehigh, Ofc. Tim O’Dowd, and POLC Rep. Thomas W. Reed. Fremont Police Officers • Three-year contract • Wages: 2.5% eff. Jul 1, 2005 2.5% eff. Jul. 1, 2006 2.5% eff. Jul. 1, 2007 • Health Insurance: Increase drug card co-pay to $15/$50 • Shift Differential: Increase 2nd shift to $.45 per hr. Increased 3rd shift to $.50 per hr. Bargaining Team: Jon Geeting, POLC rep. Fred LaMaire. Charlotte Police Patrol Officers • Three-year agreement • Wages: 3% eff. Jul. 1, 2005 with wage-only re-openers for 2006 and 2007 • Improvements: Added extra vacation day at each step; “normal shift” holiday pay for officers not working the holiday; increase in maximum longevity from $1,250 to $1,500. Clothing allowance for detectives increased from $300 per year to $500; $200 boot allowance allowed for patrol officers on an as-needed basis • Retirement: Increases MERS multiplier from 2.5 to 3.0 with officers paying 1% of the 4.5% increased cost • Health Insurance: Prescription co-pays increase to $10/$20/$40, eff. Jul. 1, 2006 with understanding that if all City employees do not increase to this amount, officers’ co-pay reverts back to $7. City agrees to match officers’ contributions to a health savings plan up to $500 in 2006, and $1,000 in 2007. City’s ICMA match will not increase above the $2,000 per year now paid • Other: Numerous work concerns were addressed and resolved, including supplemental coverage for on-the-job injuries and sleep deprivation for night shift officers whose sleep is interrupted during the day by court or call-in Bargaining Team: Jim Falk, Steve Poshedley, Paul Montague, and POLC rep. Homer Lafrinere. d 14 • Fall 2005 The Police Officers Journal Arbitration Chesterfield Township: Job Postings Required The bargaining agreement contains language requiring the posting of vacancies to be filled by transfer or promotion for a minimum of five days. In addition, the Employer will then test if necessary to select the best applicant for the position. In July 2003, the Employer created a new job at the Clerk 3 pay level. Three people applied for the position. The two senior people declined the position because it was a lateral transfer with no pay increase. A junior member was given the job. In December, the position was amended from a Clerk 3 to a Clerk 5 position without posting, at a significant increase in pay. The Employer claimed it was a reclassification of a position and not a promotion, therefore they believed it did not have to post. The Union, supported by Township Board meeting minutes, claimed it was a promotion and must be posted under the Agreement. The Arbitrator granted the grievance in favor of the Union. He noted that some employees have been jumped from one step to the next without posting, such as a Clerk 3 to a Clerk 4 position, in the past. However, a double jump and the significant pay increase it entails can only be a promotion. He ordered the position to be posted and do whatever testing is necessary to pick the best applicant. If a new employee is chosen, that employee is entitled to pay retroactive to Dec. 2003. While this is a somewhat surprising outcome, in all likelihood the Employer will test all applicants and probably pick the same clerk who is currently in the position. d Muskegon: Seniority for Overtime The Arbitrator granted in part and denied in part, a grievance filed by two detectives who believed they were entitled to a special overtime assignment given to two other detectives with less seniority. At 1:15 p.m. on May 21, the City Manager requested two police officers for traffic control duties on the morning of May 22. Volunteers were first sought from patrol officers, without response. At 2:45 p.m. on May 21, volunteers were sought from the detectives present in the station. Two detectives in the station volunteered and were given the overtime assignment. At 3:00 p.m. May 21, another detective on duty returned to the station and learned of the overtime request. He allegedly told his sergeant that he should be entitled to the overtime since he had more seniority. The sergeant did not respond and the detective did nothing further to try to get the assignment. A second detective who was not on duty May 21, but who had more seniority than the two detectives who got the overtime, testified that he could have been contacted and would have accepted if he had been contacted. The Collective Bargaining Agreement is silent as to how overtime is to be distributed. A departmental policy essentially says that overtime is to be distributed on the basis of seniority except in the event of an unusual occurrence or emergency. The Arbitrator agreed the Employer had an opportunity to and should have made reasonable efforts to offer the overtime first to detectives with the most seniority. He granted the grievance to the detective who was not working May 21, but denied the grievance to the detective who was working May 21, since he did not make more effort to get the overtime assignment, The Arbitrator reasoned it was “tantamount to voluntary refusal. d Detroit Loses Appeal for Firing Police Officer, Court of Appeals Upholds Arbitrator’s Award When the City of Detroit fired an officer in an off-duty incident in which he discharged his firearm, an arbitrator ordered his reinstatement. The city appealed and a trial court reversed the arbitration award as being against public policy. That decision was appealed and the Michigan Court of Appeals has reinstated the Arbitrator’s decision. In its decision, the Court of Appeals noted that the review of arbitration decisions is narrowly circumscribed, and “to invite judicial action to vacate an arbitration award, the character or seriousness of a claimed error of law must have been so material or substantial that the award would have been substantially different if not for the error.” The city contended the arbitrator’s original decision violated “any rational view of the public policy of the State of Michigan.” The court found no clearly articulated public policy and said the Arbitrator’s opinion should be upheld. City of Detroit v. Detroit Lieutenants’ and Sergeants’ Association, 2005 WL 387647 (Mich. App. 2005) d Ludington: Ticket ‘Quota’ Guidelines? The Arbitrator denied a Grievant given three successive suspensions for not writing enough tickets. The Grievant had issued 28 written warnings or citations over the course of a 25-month period. The POLC contended the Department’s standard amounted to a ticket quota in violation of MCL 257.750. The Arbitrator agreed with the Employer, who contended the standard was only a guideline and the Grievant was disciplined for not meeting minimal performance expectations. d Grand Rapids: Suspension Settled Grievant was on-duty at lunchtime and made contact with his girlfriend. She had been drinking and an argument ensued. At no time did the girlfriend make any allegations against the grievant, however the Department issued a two-day suspension for being in an argument during his on-duty time. The Arbitrator encouraged both sides to settle the matter without a hearing. After lengthy negotiations, the Department agreed to drop the two-day suspension but leave the discipline in the officer’s file for an additional three months. It was agreed that this case would not be used in a progressive discipline situation. In addition, it was agreed that at the end of the three-month period the matter would be entirely removed from the officer’s file. d Benton Township: Holiday Pay Awarded Two Grievants were placed on administrative leave pending an investigation of a critical on-duty incident. During their eight-month leave, they sought holiday comp time payment which was granted. Several months later the Township notified them they were taking the comp time back. The Arbitrator ruled that both Grievants were entitled to holiday pay for an “excused absence” (administrative leave) under the collective bargaining agreement language. The agreement grants holiday pay to employees who do not work the actual holiday if an officer works their scheduled day before and after the holiday, unless such absence is excused. d www.polc.org • 15 LEEP © You Could Help us Save a Few More Lives A ll POLC officers and units should know about the Students on Sobriety (S.O.S.) programs. If a high school in your community hasn’t yet participated in the Law Enforcement Education Program’s Students on Sobriety show, they’re missing out on something good – and so are you. S.O.S. puts a caring face on you and your department’s road patrols and police officers in general. Retired Sgt. Ron Tolfree presents a 50-minute live demonstration that features student volunteers using “Fatal Vision” goggles. It really drives home a point about drinking and driving in a way that no other method can, short of having a teen involved in a serious auto accident. It’s up to you to spread the word, or speak with your department’s Liaison Officer or a local School Principal about a program that’s drawing results and widespread acceptance. It’s easy for any school to participate directly – or you could make it part of your own local police youth activities by scheduling an open date. Just call the LEEP program office at 248/542-2400 to schedule a program, or to have a video/DVD of the program sent out. d Supporters West Michigan Cleaning Grand Rapids, MI Ada Manufacturing Co. Grand Rapids, MI Baird Robert & Co. Incorporated Grand Rapids, MI VET Center Grand Rapids, MI Security Mini Storage Grand Rapids, MI Shogun Restaurant Grand Rapids, MI We Need a Few Good Pictures To Tell the Story W e’ve all seen the wreckage and carnage caused by drunk drivers – but have you taken any pictures of it? Some of the more graphic examples of cars involved in recent auto fatalities in Michigan are needed to update LEEP’s S.O.S. program. If you, or your department, have such photos, and would allow us their use, call the LEEP Office. d PRSRT STD U.S. POSTAGE PAID Traverse City, MI Permit No. 29