October - Broward County Police Benevolent Association
Transcription
October - Broward County Police Benevolent Association
TheBroward Centurion The Official Publication of the Broward County Police Benevolent Association Volume 8 Issue 10 October 2006 Lighthouse Point Agrees to Contract A fter 19 months of negotiations, the City of Lighthouse Point and the Broward County Police Benevolent Association have agreed to two separate contracts. The old contract expired on September 30, 2005. Since the 2005-2006 fiscal year was about over, the City made an offer for a oneyear contract, 2005-2006, in which everything would remain the same except for a three percent wage increase, retroactive to October 1, 2005. If that offer was ratified by the membership, then the City was offering a three-year deal, 20062009, which included a four percent wage increase each year, an increase in the City’s contribution to health insurance, overtime for certain holidays, a market adjustment of $2,400.00 each year, and changes in eight other articles. The membership voted overwhelmingly in favor of both contracts. The Broward County PBA would like to thank the Lighthouse Point PBA Reps, Mike Search and Jon Esposito, and all the members who showed up at the negotiation sessions, for all their hard work. The PBA would also like to thank Mayor Fred Schorr, Commission President Susie Gordon, Commission Vice President Chip LaMarca, Commissioner Sandy Johnson, Commissioner Tom Hasis, Commissioner Mike Long, City Administrator John Lavisky, Finance Director Terry Sharp, and Attorney Jim Crosland. Without both sides constantly continuing to work towards reaching a fair and equitable agreement, it would have never happened. Manors To Merge With BSO? Members voting on possible move to Sheriff’s Office T he City of Wilton Manors may be going to BSO if members have their way. Due to frustration with the ongoing deadlock in contract negotiations, PBA members are voting on whether to support a merger with the Sheriff’s Office. According to PBA Senior Vice President Pat Hanrahan, “If the city can’t afford the police department, then something has to be done.” Wilton Manors has imposed a oneyear contract retroactive to October 1, 2005 that gtook away the 3 percent COLA from their pension.. In August, a general membership meeting was held and a preliminary vote taken. The vote came out overwhelmingly in favor of the merger. A formal mail vote is now underway. The City Commission has not taken the matter under consideration as yet, but Wilton Manors Vice Mayor Ted Galatis indicated that it should be put to the residents of the city by referendum. Source: Miami Herald In This Issue Hollywood Protest ......... 4 State Expands LEO Deifnition ...................... 6 Useless Trivia ................ 11 Welcome to the Family ........................... 12 "Bodies" in South Florida .......................... 13 The Broward Centurion October 2006 The Broward Centurion The Official Publication of the Broward County PBA (A Charter of the Florida PBA) 2650 West State Road 84 Fort Lauderdale, Florida 33312 Telephone: 954/584-7600 Fax: 954/583-0405 President's Message Megan Gordon, Editor E-mail: [email protected] The Broward Centurion is published by the Broward County Police Benevolent Association for the sole benefit of its members. The Broward Centurion is dedicated to the advancement of the law enforcement profession through better and stronger community relations. The opinions expressed in the publication of The Broward Centurion are not necssarily those of the Broward County PBA, its Executive Board or the Board of Directors. Members or readers submitting letters to the editor or articles for publication are requested to adhere to the following: • Submissions should be sent to: Broward County PBA Attn: Centurion 2650 West State Road 84 Fort Lauderdale, Florida 33312 • Letters or articles must be accompanied by the writer's true name and address. • All articles submitted for publication must be accompanied by a statement giving permission to publish. • All submissions must be legible. • The Broward County PBA reserves the right of the Executive Board or Editor to amend or to add an editor's comment to any article or letter submitted. • Advertisment in this publication does not imply endorsement by the Broward County PBA unless otherwise specified. 2 T he next month is an important one for the PBA and our members. Why? Elections. The race for our next governor is uppermost in everyone's mind, especially members who are in FRS. I am sure by now you realize that the PBA is endorsing Charlie Crist for governor; it is extremely important to the PBA, and to you, that Charlie gets elected. As I have said many times over the years, the PBA's involvement in politics is the way we continue to improve our lifestyles. Those elected officials mean a great deal to us when it comes to increasing benefits and pay and improving working conditions. Sometimes those elected do not come through as promised, but every now and then they do. When that happens our lifestyles are enhanced. So how important is it to go out and vote for PBA-endorsed candidates? Your future depends on it. And by the way, encourage your family and friends to vote the PBA way in November. Dick Brickman Order Your PBA License Tag Available at the main county tag office. Ask for the "Support Law Enforcement " tag. The Broward Centurion October 2006 Broward County PBA Executive Board President Dick Brickman Senior Vice President Patrick Hanrahan Welcome New Members Vice President Neil Vaughan Secretary Debbie Reggio Treasurer Jeff Marano Legislative Director Mike Casey General Counsel Barbara Duffy Board of Directors BSO (Support) Paul Weiss Margate (Spvrs) Ed Blonder BSO (LE) Roger Caron Ronnie DeAngelo James DeMato Armando Enrique Pete Geary Dean Mirra Jim Pendergast Jeff Poole Miramar Adam Lerner Tim Nevins Ro Durney - Alt. Steven Toyota - Alt. George Mankowski BSO (Lts) Barry Derose Broward Schools Investigative Unit Kathleen Andersen Alan Niloff - Alt. Coconut Creek Ralph Capone Dominic Coppola Coconut Creek (Sgts) Tim Bradshaw Hallandale Beach Frank Gobel Hallandale Beach (Sgts) Robin Varone Hollywood Steven Bolger Tony Fernandez Keith Wadsworth Wilbur Fernander Lighthouse Point Mike Search Jon Esposito Pembroke Pines Jeff David - Alt. Adam Feiner - Alt. Jim Fisher Glen Parker Jim Ryan Sea Ranch Lakes James O'Brien New Kenneth J. Brown - BSO Matthew R. Casey - Hallandale Beach Dimos Charoudis - BSO Frederick A. Chidsey - Hallandale Beach Leon D. Florez - Hallandale Beach Lee A. Geiger - BSO Marco A. McAdam - Hallandale Beach Eric Rodriguez - BSO Nicole M. Spagno - BSO Stephen E. Tulloch - BSO David Velex - Miramar Clint Williams - BSO Retired Lawrence Downing - Hollywood Marv Roberts - Hollywood Associate Pat Gray Steve Rossi Sunrise John Jaslowski Sunrise (Lts) Athena Skellion Wilton Manors Brian Behan Ed Costello Chuck Howard Alternates - BSO Jonathan Bailen Kelli Covet Rich Engels Julie Foster Lynn Gariboldi Craig Jacobson Matt Patten Mike Sweeney Jerry Vossberg Jim Wilson PBA Office Staff Charter Secretary Linda Receptionist/Membership Lynn Secretary/Detail Coordinator Kim Membership Secretary Maxine Legal Assistant Maryann Communications Director Megan 3 The Broward Centurion Protest At Hollywood Budget Meeting Holds Off Talk Of BSO Merger PBA, firefighters’ and city unions stand together P BA members, firefighters and city employees stood together, 150 strong, at the City of Hollywood’s budget meeting on September 18. The silent protest was in opposition to a proposed merger of the Hollywood’s dispatch with BSO. Also under fire was the question of pensions for union members. The protest proved successful for the time being. City Manager Cameron Benson stated that he didn’t think budget time was a good time to discuss a possible merger. Negotiations with BSO are ongoing, according to the City Manager. Source: Miami Herald, Sun Sentinel October 2006 2006 Primary Results The following PBA-endorsed candidates won spots on the November ballot: Charlie Crist Governor Walter “Skip” Campbell Attorney General Perry E. Thruston, Jr. State Representative, District 93 Matthew J. Meadows State Representative, District 94 Jim Waldman State Representative, District 95 Elaine J. Schwartz State Representative, District 99 Diana Wasserman-Rubin County Commission, District 8 Alan Marks County Court Judge, Group 30 Carole Andres Broward County School Board, District 1 Stephainie Kraft Broward County School Board, District 4 Jennifer Gottlieb Broward County School Board, District 8 These candidates will face runoff elections: John C. Rayson Circuit Judge, Circuit 17, Group 57 Marina G. Wood Circuit Judge, Circuit 17, Group 58 Brenda Lynn Di loia County Court Judge, Group 32 Marty Rubinstein Broward County School Board, District 6 Remember to vote on November 7 and to support PBA-endorsed candidates 4 The Broward Centurion October 2006 5 The Broward Centurion October 2006 Florida Expands Definition Of Law Enforcement In Statute Justice?—You get justice in the next world, in this world you have the law. Assault and battery of an officer now includes other uniformed personnel A s of July 1, Section 784.07(2), Florida Statutes (assault and battery upon law enforcement officers, firefighters and others) includes non-sworn law enforcement agency employees certified as agency inspectors, blood alcohol analysts or breath test operators while they are in uniform and engaged in processing, testing, evaluating, analyzing or transporting a person who is detained or under arrest for DUI and a person licensed as a security officer, wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer. —William Gaddis, U.S. novelist Source: Cypen & Cypen Newsletter NYC Police And Firefighters Get Presumption For Strokes AA May Prevent Murders O A ver strong objections from the Mayor of New York City, Governor George Pataki signed a law that categorizes strokes as a line-of-duty disability for New York City police officers and firefighters. The new law adds strokes to a list of ailments, including heart disease, hepatitis, HIV and tuberculosis, that the state had officially deemed line-of-duty disabilities for police officers and firefighters. The state estimates that the bill would cost the city only $375,000 a year, rising to $750,000 in a few years. In Florida, firefighters have presumptions for tuberculosis, hypertension and heart disease under Sections 112.18 and 175.231, Florida Statutes, and for hepatitis and meningitis in Section 112.181, Florida Statutes. Police officers have the same presumptions under Sections 112.18 and 112.181, Florida Statutes, and for tuberculosis, hypertension, heart disease and hardening of the arteries under Section 185.34, Florida Statutes. 6 Source: Cypen & Cypen newsletter lcoholics Anonymous, the worldwide group that helps alcoholics stop drinking and stay sober, may also help keep the number of murders down. Canadian researchers noticed that as membership in Ontario's AA chapter increased, murders in that community dropped off. They discovered that for every new AA member per 100,000 residents, the homicide rate drops between .3 and .5 percent. Other research has shown that there is a significant relationship between drinking and homicide in Europe, the U.S. and Canada. The relationship was only found in men; women do not seem to be affected the same way. The researchers concluded that government officials may want to reduce drinking rates and, subsequently, the rates of violence, by raising taxes on alcoholic beverages. Source: Reuters The Broward Centurion October 2006 October Reminder Annual dues increase P lease note that, effective October 1, 2006, dues will increase for all members. Dues increase on a yearly basis to keep pace with the costs of running the Broward County PBA. This is also an excellent time to make sure all of your contact and beneficiary information is up-dodate. Contact the PBA to check our records and update them if necessary. 'RQ·W )RUJHW Visit Our Web Site Heard any good rumors lately? Newsletter Archives Membership Information Submit a Question Contact the PBA Send them to The Broward Centurion and we'll get the facts. bcpba.org e-mail [email protected] or call 954/584-7600 7 The Broward Centurion October 2006 Health & Fitness Find The Fountain Of Youth Look and feel younger fast T ime marches on, but it doesn’t have to march all over you. A twenty-year study of 20 men who enrolled in a five-day-a-week exercise program discovered that after two decades they were as flexible, strong, fit and lean as they’d been when they started. Exercising can help you lose fat, build muscle and bone and lower blood pressure, cholesterol levels and risk of heart disease, stroke, osteoporosis and diabetes. Exercise can help ward off "agerelated” decline in immunity as well. Even your brain can benefit from keeping fit; a study discovered that just six months of aerobic activity bolstered brain function. According to Walter M. Bortz II, M.D., a clinical associate professor of medicine at Stanford University School of Medicine and former president of the American Geriatrics Society, “Most of the negative things we associate with aging aren’t’ a result of chronological aging, but rather a lack of physical activity.” Get Started Now A well-rounded exercise program includes aerobic activity, strength training, flexibility training and balance training. Strive for 30 minutes a day, five days a week. You can break up your training types according to the day of the week. For example: Monday, Wednesday and Friday: 10 minutes of flexibility training and 20 minutes of aerobics. Tuesday and Thursday: 10 minutes of flexibility training, 5 minutes of balance training and 15 minutes of strength training. You can always add more if you’re enjoying it. Changes Strength improvements will come first – in about 8 to 10 weeks. Your balance will improve along with your strength. After 4 months, aerobic gains are noticeable. Flexibility gains take the longest to realize, but you should see improvement in about 9 months. So what are you waiting for? You’re not getting any younger—yet. Source: prevention.com POLICE OFFICERS FIREFIGHTERS & TEACHERS ONLY 1% DOWN on all New Purchase Home Loans Office .................. 954-583-4007 Cell ...................... 754-224-9553 Fax ...................... 954-581-0001 Tim Parisi, Police Officer Tara Parisi, Vice President Diane Martin, Principal Broker 8 The Broward Centurion October 2006 Inside BSO For Our Members With The Broward Sheriff's Office Who’s Representing You At The Monthly BSO Meetings? January 2006 Jonathan Bailen Roger Caron Ron DeAngelo James DeMato Armando Enrique Julie Foster Al Pollock Jeff Poole Jim DeMato Andrew Dunbar Armando Enrique Dean Mirra Al Pollock Jeff Poole Mike Sweeney Jerry Vosburgh Jim Wilson February 2006 Jonathan Bailen Roger Caron Kelli Covet Ron DeAngelo Andrew Dunbar Armando Enrique Pete Geary Matt Patten Jim Pendergast Al Pollock Jeff Poole June 2006 Jonathan Bailen Roger Caron Kelli Covet Ron DeAngelo Jim DeMato Andrew Dunbar Armando Enrique Al Pollack Mike Sweeney Jerry Vosburgh May 2006 Roger Caron Ron DeAngelo Meetings for March and April were cancelled. PBA Scorecard O n September 14, the PBA handled four (4) disciplinary appeals for our members: Discipline Overturned ....... 3 Reduced discipline .......... 1 (from suspension to counseling) Thank you to General Counsel Barbara Duffy for her efforts on behalf of our members. Employees of the Month August 2006 Sgt. Peter Geary Airport Sgt. Kypps Poliard Airport Sgt. Michael Szish Airport Sgt. Jerald Wurms Airport Dep. Christopher Neves Cooper City Dep. James Fahy Countywide Operations Dep. Alexander Jacobi Countywide Operations Dep. Clayton Jenkins Court Services Dep. Paul Ruffini Dania Beach Dep. David Hatfield Dania Beach Dep. Matthew Baldwin Dania Beach Dep. Leonard Delgatto Deerfield Beach Dep. Kreg Costa Lauderdale-By-The-Sea Dep. Maria Sosa Lauderdale-By-The-Sea Dep. Michael Ruback Lauderdale Lakes Dep. Patrick Cummings North Lauderdale Dep. James Ramirez Oakland Park Dep. Dean Korenic Parkland Dep. George Wentland Parkland Dep. Eugenio Legra Pembroke Park/West Park Dep. Paul Yesbeck Pompano Beach Dep. Felix Vasconez Pompano Beach Dep. Michael Migneault Port Everglades Dep. Vincent Puran Regional Investigations Dep. James Manganiello Weston/SW Ranches 9 The Broward Centurion October 2006 C R I M I N A L J U S T I C E I N S T I T U T E Fast Forward Your Career The M.S. in Criminal Justice program at Nova Southeastern University offers an online course of study for individuals committed to becoming the finest of criminal justice professionals. At NSU, you can choose from various specialty tracks: Q Organizational Leadership Q Behavioral Science Q Business Administration Q Public Administration Q Substance Abuse Q Community Solutions and Partnerships Q Information Systems Q Conflict and Crisis Management Q Child Protection and Juvenile Justice Q Information Security Home of the Criminal Justice Honor Society, Alpha Phi Sigma national headquarters. Members of the PBA are entitled to a 20% discount. (954) 262-7001 Q 800-541-6682, ext.7001 Q www.cji.nova.edu Nova Southeastern University admits students of any race, color, and national or ethnic origin. Nova Southeastern University is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools (1866 Southern Lane, Decatur, Georgia 30033-4097, Telephone number: 404-679-4501) to award associate’s, bachelor’s, master’s, educational specialist, and doctoral degrees. 10 10-206-05PGA The Broward Centurion October 2006 College Of Useless Knowledge Trivia to amaze and amuse you toss a penny 10,000 • Iftimes, heads will come up about 4,950 times. The head’s picture weighs more, so it ends up on the bottom. Angeles’ full name is • Los “El Pueblo de Nuestra Senora la Reina de Los Angeles de Porciuncula.” sent birds into space they would • Ifdie;NASA they need gravity in order to swallow. knights raised • Armored their visors to identify themselves as they passed the king; this custom has become the modern military salute. • Ben and Jerry’s send the waste from ice cream production to local hog farmers to use as feed. The hogs love it, except for the Mint Oreo flavor. a statute of a person on a horse has • Ifboth the horse’s front legs in the air, the person died in battle; if the horse has only one front leg in the air, the person died as a result of battle wounds; if the horse has all four legs on the ground, the person died of natural causes. bar soap was • Ivory never supposed to float. The soap formula was being overmixed, causing excess air in the bar, which made it float. Customers wrote how much they loved that it floated, and it has ever since. a cat falls off the •Ifseventh floor of a building it has about a 30 percent less chance of surviving than if it falls off the 20th floor. It takes about eight floors for the cat to realize what is happening and correct itself. stomach has to produce a new layer of •Your mucus every two weeks or it will digest itself. are the only animals besides •Armadillos humans that can contract leprosy. glue on Israeli postage stamps is certified •The kosher. Source: Infiltec: Lots of Trivia characters Bert and Ernie from • The “Sesame Street” were named after Bert the cop and Ernie the taxi driver from “It’s a Wonderful Life.” is legal in • Dueling Paraguay as long as both parties are registered blood donors. England, the Speaker of • In the House is not allowed to speak. 11 The Broward Centurion October 2006 Welcome To The Family Aubrey N. O’Sullivan Dad: Jamie O'Sullivan Mom: Shelley O'Sullivan Birth Date: June 15, 2006 " Children make your life important - Erma Bombeck Isabella Milagros Kurz Dad: David Kurz Mom: Ida Kurz Birth Date: August 21, 2006 12 " The Broward Centurion October 2006 Controversial Exhibit Comes To South Florida "Bodies...The Exhibition" Finds A Home In South Miami T he bodies—20 whole human cadavers and 260 internal organs and specimens—come from China, where they were donated or unidentified. And that, some decision-makers claimed, was the reason that the City of Ft. Lauderdale and The Museum of Discovery and Science both rejected "Bodies...The Exhibition." And so it has landed in a strip mall in South Miami, occupying 33,000 square feet that previously housed a Virgin Megastore. The exhibition gives visitors a unique opportunity to see the inside of the human body as it actually exists rather than an artist's rendering. Dr. Ray Glover, chief medical director for Bodies...The Exhibition, says that using actual bodies allows you to see the variations in structure that you won't see with an idealized model. The purpose of the exhibition is to educate the public on their bodies and to teach them how to take better care of their health and make positive lifestyle choices. Common health concerns, such as obesity, breast cancer, colon cancer, cirrhosis of the liver, ectopic pregnancy, arthritis, osteoporosis and bone fractures are highlighted as well as the damage done to organs from smoking and overeating. The specimens are preserved using a technique called Polymer Preservation, in which human tissue is permanently preserved using liquid silicone rubber. The technique prevents the decaying process from occurring so that specimens last indefinitely. The finished specimens retain the look of the original, but function as if they were rubber. The process takes anywhere from a week to a year to complete depending on the size of the specimen. Regular admission is $22.50 for adults, $20.50 for Seniors 65+ and $16.00 for children 12 an d under. What You Need To Know Before You Go Where: The Shops at Sunset Place 5701 Sunset Drive, Ste. 150 (intersection of US 1 and Red Road) South Miami When: September 22 - March 25, 2007 Hours: Monday - Thursday, 10 am - 10 pm Friday and Saturday 10 am - 11 pm Sunday 10 am - 9 pm Call 866-866-8265 for more information 13 The Broward Centurion October 2006 Money Matter$ Developing A Retirement Planning Strategy By: Jennifer W. Thomason, Financial Advisor, Merrill Lynch R etirement planning means far more than simply accumulating a nest egg for the years when you’re no longer working. It involves developing a long-term investment strategy that helps you meet this critical goal without losing sight of your more immediate financial concerns, such as paying your mortgage or sending a child to college. Where Will Your Retirement Nest Egg Come From? Retirement planning experts agree that you will need about 75% of your pre-retirement income to maintain your current standard of living in your retirement years. Therefore, before you can formulate a cohesive retirement plan, you need to determine what your sources of income will be in retirement. Your Social Security Benefits. These days, Social Security represents only a small portion of the income most retirees will need. According to a study done by the Employee Benefit Research Institute, individuals 65-years-old or older whose postretirement annual income was at least $50,000 would generally derive only 14% of their retirement income from Social Security. Your Pension. As a municipal employee, your pension will probably represent the largest portion of your retirement income. It is important that you understand the differences between all of the payout options. This is especially important if you have a spouse who will depend on your pension for income. Your Deferred Compensation Plan. If your employer offers a deferred compensation 14 plan, you generally have the ability to invest in a variety of professionally managed investment options. The earnings on the money you invest are tax deferred, so the entire amount can be reinvested in the plan to compound your return. Contributing to the plan can also give you immediate income tax savings. That’s because deferred compensation plans are salary-reduction plans, which means you do not have to pay income taxes on your contributions to the plan until you make a withdrawal. If you are eligible to participate, you may generally contribute up to $14,000 each year (depending upon the provisions of the plan). Individual Retirement Accounts (IRAs). If you don’t have an IRA, you could be passing up a valuable opportunity to save for your retirement. Whether you choose a traditional IRA or a Roth IRA,1 the same basic tax-favored principle applies: every dollar of earnings can be reinvested to earn more without having to make current tax payments. This powerful feature allows you to accumulate more assets than if you had invested the same dollars in a taxable account. As a result, an investment in an IRA is progressively worth more than the same amount invested in a taxable account.2 The Responsibility to Plan Is Yours. It’s vital that you take the time now to develop an intelligent, practical retirement plan that can help you meet your retirement income needs. A good way to start is to participate to the fullest extent possible in a deferred compensation plan (if your employer provides one) and make annual contributions to an IRA. Both give your money the potential to grow on a taxdeferred basis. Professional Advice. There are many tools available to help you quantify your goals and implement your plans. By working with a professional financial advisor, he or she can help you develop a retirement plan that suits your particular goals and circumstances. Through education, patience and a disciplined approach to saving, you can achieve your ultimate goal of financial freedom in retirement. Jennifer Thomason is a Financial Advisor with Merrill Lynch. As a member of a law enforcement family, she has dedicated her practice to financial planning for law enforcement officers. Her focus is retirement planning for officers leaving the Deferred Retirement Option Program (DROP) or taking lump-sum payouts from the State of Florida Investment Plan. Jennifer can be reached at 1-800-9370661 or by email at [email protected]. 1 You must meet certain adjusted gross income (AGI) limits in order to contribute to a Roth IRA. 2 All or a portion of the amount withdrawn from an IRA may be subject to ordinary income taxes. In addition, withdrawals taken prior to age 59 1/2 may be subject to an additional 10% tax penalty for an early withdrawal. *UBS Financial Services Inc. does not provide tax or legal advice. Consult with your tax and legal advisors regarding your specific situation. Reprinted from September 2005 The Broward Centurion October 2006 What's Up? News From Our Members Births P embroke Pines officer Jamie O’Sullivan and his wife, Shelley, welcomed a daughter on June 15. Aubrey N. O’Sullivan weighed in at 7 lbs, 15 oz. See picture on page 12. Seminole police officer David Kurz and his wife, Ida, celebrated the birth of a daughter, Isabella Milagros Kurz, on August 21. Isabella weighed in at 6 lbs., 8 oz. Her big brother, Sgt. Brandon Kurz, U.S. Army 82nd Airborne, is currently serving in Iraq and can’t wait to see her when he comes home. Hallandale officer Talous Cirilo and his wife, retired Hollywood dispatcher Sheri Snow Cirilo, welcomed Brendon Lee Cirilo on August 17. Brendon weighed in at 7 lbs., 14 oz and was 19 inches long. The family is doing well. See picture on page 12. Pembroke Pines officer Jason Ballata and his wife, Susan, celebrated the birth of their daughter, Alyssa Mary Ballata, on September 13. Alyssa weighed in at 8 lbs, 7 oz. Mom, dad and baby are all doing well. Pembroke Pines Sgt. Darryl Curiss and his wife, Becky, welcomed a son, Chase Ryan Curtiss on September 24. Chase weighed in at 7 lbs, 5 oz. and was 19 inches long. The family is happy and healthy. Congratulations to all; welcome to the family! You have the right… ...to have all interviews tape-recorded from start to end. ...to have a PBA representative present during any interview. ...to have the interview at a reasonable time and for a reasonable length of time. ...to know who is in charge of the investigation. ...not to be forced to resign. ...to know what the charges are. ...to review ALL statements before answering questions. ...to know the name of the person bringing the complaint. ...not to be threatened, bribed or subjected to offensive language. If you need assistance, contact the PBA legal unit at 954/584-7600. 15 The Broward Centurion October 2006 You Must Know “Garrity” Garrity vs New Jersey and your rights as a police officer A ppellants, police officers in certain New Jersey boroughs, were questioned during the course of a state investigation concerning alleged traffic ticket “fixing”. Each officer was first warned that: anything he said might be used against him in a state criminal proceeding, he could refuse to answer if the disclosure would tend to incriminate him; if he refused to answer he would be subject to removal from office. The officers’ answers to the questions were used over their objections in subsequent prosecutions, which resulted in their convictions. The State Supreme Court on appeal upheld the convictions despite the claim that the statements of the officers were coerced by reason of the fact that if they refused to answer they could, under New Jersey forfeiture of state statute, lose their positions. That statute provided that a public employee shall be removed from office if he refuses to testify or answer any material question before any commission or body which has the right to inquire about matters relating to his office or employment on the ground that his answer may incriminate him. On the ground that the only real issue in the case was the voluntary nature of the statements, the State Supreme Court declined to pass upon the constitutionality of the statute, though the statute was considered relevant for the bearing it had on the voluntary character of the statements used to convict the officers. The officers appealed to the U.S. Supreme Court under 28 U.S.C. SEC. 1257(2). On appeal, the U.S. Supreme Court reversed the convictions and held that information provided to a public employer under the threat of dismissal for non-cooperation with an investigation was not admissible in criminal court of law to be used against the employee. The Court reasoned that because public employers should have the right to compel their employees to cooperate in administrative investigations, subject to discipline for refusal to so cooperate, any information provided by an employee which may tend to incriminate him/her in criminal activity cannot be used against him/ her in a criminal court of law. By prohibiting the use in a criminal court of law of any information or evidence furnished by the employee in response to the compelled interrogation, as well as any information or evidence which is gained by reason of the employee’s statements, the court has adequately balanced an employee’s fifth amendment right not to incriminate himself/ herself with the employer’s right to 16 thoroughly investigate alleged employee wrongdoing. Typical Garrity Warnings consist of the following verbage: 1. The purpose of this meeting is to obtain your response to questions which arise from suspicions of misconduct relating to your job. 2. You are advised that this meeting is an administrative inquiry related to your employment. You have all the rights and privileges provided for under the United States Constitution as well as the Florida Constitution, statutes, and the employee contract, including the right to remain silent and the right to be represented by your choice of a representative or legal counsel. 3. It is important that you understand that you have a duty as a public employee to answer relevant and material questions which relate to your official duties. Your failure to cooperate with this investigation, and your refusal to answer questions which relate to your job, may cause you to be subjected to discipline, including possible dismissal. 4. Therefore, while you have the right to remain silent, asserting that right in this context may subject you to dismissal from employment. 5. Any information or evidence that you furnish in response to questions asked of you during this meeting, or any information or evidence which is gained by reason of your answers, may not be used against you in criminal proceedings, according to the ruling in Garrity vs. New Jersey, 385 US 493 (1967), however, any information or evidence you furnish in this meeting may be used against you administratively. NOTE: Keep in mind that the Garrity protections do not apply to perjury charges arising from the employee’s compelled statement. ! You should always have a PBA attorney present during any interview! The Broward Centurion October 2006 Attention PBA Members 25% Off Attorney’s Fees* Personal Injury Auto Accident Slip & Fall Wrongful Death Collect Money Damages Above And Beyond Workers’ Compensation No Cost, No Fee If No Recovery Frederick W. Hoethke, Esq. Managing Attorney/Civil Trial Lawyer Former Asst. State Attorney Former Insurance Defense Attorney Has Tried Over 120 Jury Trials Now Solely Representing Injured Parties Serving South Florida For Over 15 Years Florida Trial Lawyers, P.A. Trial Lawyer’s Building 633 SW 3rd Ave., Ste. 302 Ft. Lauderdale, FL 33301 954/524-9798 Evenings: 954/254-0881 24-Hour Pager: 954/360-3450 *Includes immediate family members17 The Broward Centurion October 2006 Law Enforcement News Items of Interest From Around The U.S. Snyder, Okla. – A police chief’s job hangs in the balance because of what his wife does for a living. Chief Tod Ozmun’s wife is known worldwide as a plus-sized model on a porn Web Site. The mayor of Snyder is asking for an investigation by the Oklahoma State Bureau of Investigation. The inquiry would focus on determining if city computers were used for the pictures and if that violates the city’s charter. The mayor is trying to decide what’s best for his city—keeping a chief who many believe doesn’t share their morals or firing a man who’s keeping residents safe. According to the mayor, Chief Ozmun has “done more drug arrests, solved more crime than anybody else in town has ever done.” Source: Koco.com Orlando – Operation Street Sweeper is underway in Orange County. The Sheriff’s Office has put together an effort to stop the county’s surge of violent crime, up 20 percent so far in 2006. The goal is to reduce that rate by 20 percent. New deputies, some from desk jobs, are being dedicated to the streets. The new deputies will head into communities in an attempt to seize illegal guns and arrest drug dealers and users. A key element of Operation Street Sweeper is community policing. Deputies are encouraged to go the extra mile and engage other county agencies to handle issues such as health problems, poverty or domestic violence as they come upon them. 18 Additionally, the Sheriff’s Office is targeting truants; kids under 13 are committing crimes more frequently than they used to. in Chicago before reporting the death to avoid the cost of shipping his body home. Source: Associated Press Source: Wesh.com Houston – A man who believed that police couldn’t chase him led Harris County deputies on a chase through the city of Houston. The man, who will be charged with felony evading arrest, refused to stop when asked to pull over for a traffic violation, then proceeded to lead police on a chase reaching speeds above 80 mph. Eventually he pulled over at a gas station, where he told deputies that he thought Houston police were not allowed to chase him for a traffic violation. The City of Houston did have a no-chase policy in effect for a bout a week in August, but the policy was put on hold after the union expressed concerns. The policy had no effect on the Harris County Sheriff’s Department, who attempted to pull the man over. Source: Click2Houston.com Chicago – A woman traveling on an Amtrak train with her sick father waited about 23 hours before telling authorities that he had died because she couldn’t afford to ship the body home. Daniel Stepanovich died in a sleeper car around the time the California Zephyr—which travels from Emeryville, Calif. to Chicago— pulled into Glenwood Springs, Colo. The 80-year-old suffered from lung and brain cancer. His daughter waited until the train had arrived Queensbury, NY – A New York City man was arrested for the 100th time after being picked up for shoplifting in Warren County. The Brooklyn resident was found with $1,300 worth of merchandise stolen from outlet stores in his car. His 99 prior arrests included several violent felonies. He’s been charged with fourth-degree criminal possession of stolen property. Source: The Post-Start; Associated Press Howell, Mich. – When 20-year- old Brandon Dickens failed to return to jury duty after a lunch break, Livingston County Circuit Judge David Reader ordered him to spend three days observing a civil trial and then write a five-page paper on the history of jury service. When Dickens turned the paper in, a court employee recognized phrases in the paper. An Internet search showed that much of the paper was taken word for word from “Trials and Tribulations,” a story by Seattle writer Matthew Baldwin that appeared in The Morning News, an online magazine. Dickens claims he simply “quoted” Baldwin’s work. Judge Reader ordered him to spend a fourth day in court and come up with another five-page paper on the same topic. Source: Associated Press The Broward Centurion October 2006 Member Marketplace Marc Amendola, Realtor On the Marc Selling the Greater Daytona Beach Area Port Orange, Daytona Beach, Ormond Beach, New Smyrna Beach direct: 386-235-5866 [email protected] Member of the Broward County PBA Retired Hollywood PD CALLING ALL CARS, TRUCKS & VANS AUTOMOTIVE CONSULTANTS USA, INC. "CALL TODAY" RONALD R. SCHEMBRI, PRESIDENT Office (954) 584-8220 Pager (954) 619-7900 19 The Broward Centurion 20 October 2006 The Broward Centurion October 2006 Panza, Maurer & Maynard, P.A. Attorneys and Counselors at Law 6DOXWHVWKH0HPEHUVRIWKH Police Benevolent Association ************** Fort Lauderdale Office 3600 N. Federal Highway Third Floor Fort Lauderdale, FL 33308 (954) 390-0100 West Palm Beach Office 319 Clematis Street, 9th Fl West Palm Beach, FL 33401 (561) 653-0250 'LVFRXQW7R3%$0HPEHUV Tallahassee Office 215 Monroe Street, #320 Tallahassee, FL 32301 (850) 681-0980 www.panzamaurer.com L.E.A.P. PROGRAM (Law Enforcement Assistance Program) 1-800-680-LEAP 954-327-0396 A No Cost Benefit to PBA Members & Family Members John A. LaPointe, PH.D. Clinical and Consulting Psychologist Director, L.E.A.P Kantor, Geisler & Prepaid Legal Services Plan For Broward PBA Members Michael Braverman, P.A. 2650 West State Road 84 Fort Lauderdale, FL 33312 (954) 791-2010 21 The Broward Centurion 22 October 2006 The Broward Centurion October 2006 23 Broward County PBA 2650 West State Road 84 Ft. Lauderdale, FL 33312 ©2006 Broward County PBA Non Profit Organization U.S. Postage Paid Permit #1677 Fort Lauderdale, FL
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