Code 3 - Palm Beach County PBA

CODE
T H R E E
A Palm Beach County P.B.A. Official Publication
VOLUME 25 NUMBER 1
P U B L I S H E D Q U A RT E R LY F O R M E M B E R S
February 2009
1st Annual Palm Beach County
PBA Charity Golf Classic with NFL
Hall of Famer Dwight Stephenson
PGA National Resort & Spa “Champion” Course
December 1, 2008
Thank you for helping us raise over $10,000 for the
PBA Charity Fund!
More photos on
pages 10 & 11.
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
President’s
Message
John Kazanjian
T
hank God 2008 is over! It was very bad year economically
and our hearts go out to our members who suffered a tragedy
or a catastrophic event in their lives. Palm Springs Public Safety
Officer Michele Vazquez lost her husband, Ray, tragically on March
4, 2008 when a deranged gunman went into a local Wendy’s
Restaurant and fatally shot Ray. Juno Beach Officer Tiffany Russell
lost her life tragically in an automobile accident on November 30,
2008. Louis Maroto (WPBPD) and Larry Maroto (PBSO) lost their
parents in an automobile accident on December 14, 2008 in Costa
Rica. Martin County Deputy Stephen Cummings lost his life
October 10, 2008 due to a heart attack. We need to keep them (and
their families) in our hearts and help them in their times of need.
We’ll never forget.
The PBA was very pleased with the November election results.
Perhaps, the biggest race in which the PBA got involved was the
Frank Barbeiri - Mark Hanson race for the Palm Beach County
School Board District 5 seat. Frank beat Hanson due to an interest
group (PBA) finally educating the voters in Palm Beach County as to
how Art Johnson runs the School Board. We came close to defeating
another School Board Member in District 1 and I promise our members at the School District that we will be monitoring their positions.
Unfortunately, Addie Greene got re-elected which is really sad. In
the Palm Beach County Commission District 7 race, we needed a
strong challenger to defeat Greene which was not there. Lucky for
us, she is term-limited! You can bet your paycheck that prior to her
leaving office, she will once again, open her mouth without thinking and criticize one of our members in Palm Beach County. Mary
McCarty was the latest Palm Beach County Commissioner to bite the
bullet. When I met with her three years ago to request her support
of the Sheriff’s Office budget for the upcoming PBSO contract, she
told me personally, without any sugar coating, how she felt about
unions and it was not favorable. She was no friend of ours.
Hopefully, 2009 will be a better year than 2008. We have a few
contracts expiring this year. One, in particular, is the Palm Beach
County Sheriff’s Office Contract. We will be meeting with Sheriff
Bradshaw in April to start negotiating the new Contract. The PBA
Representatives and myself have already outlined some of the
changes to the new Contract. If any member has any suggestions,
comments, etc. regarding the upcoming Contract, please do not
hesitate to call or come by the office to share your ideas or concerns.
At this point in time, the economy and its recovery are looking
pretty bleak. Our portfolios are not looking too good right now but
hopefully, with time, we will start recovering from the current economic situation. However, we must keep in mind how fortunate we
are to still be employed and not had to endure any major cutbacks
in pay and benefits. This year is going to be tough, but the PBA will
be working for our members to secure the best contract possible.
I hope everyone has a very safe, healthy and happy 2009.
Page 2
Officer of the Month - September 2008
PBSO Detective Gar y Giannotti
Nominated by: PBSO Sgt. John McGuire
Detective Gary Giannotti arrested several street gang
members during a RICO investigation beginning in 2007.
Detective Gianotti was the lead investigator and headed
up surveillance and intelligence gathering investigations on
targets before the sweep that took a huge bite out of the
SUR-13 gang.
To date, at least eight SUR-13 gang members have pled
guilty, leading to a successful dismantling of that gang as a
direct result of Detective Giannotti’s efforts. This leadership
and work ethic helped guide his team to success and provided a safer community to all of us.
Officer of the Month - September 2008
PBSO Detective Gary Giannotti
Officer of the Month - October 2008
PBSO Deputy William Badala
Nominated by: Palm Beach County PBA
On October 22, 2008, William Badala responded to a
call of an “unwanted customer” at Lake Park Towing at 9 a.m.
D/S Badala witnessed the man holding an assault rifle in one
hand, and a handgun in the other. As the man pointed the
rifle at D/S Badala, he ordered him to drop the gun.
Badala shot 2-3 times and the man fell to the ground,
still holding the rifle. Badala kicked the guns away and called
EMS.
Before D/S Badala got there, the man had shot the tow
yard owner in the back and the dispatcher in the arm. The
man had finished off one clip and was reloading while D/S
Badala stopped him.
Continued on page 3
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
Officer of The Month Continued
Because of D/S Badala’s training, experience and skill, people’s lives were saved
and a horrible disaster was averted.
Officer of the Month October 2008
PBSO Deputy
William Badala
HAVE YOU MADE YOUR
NOMINATION?
Submit the names of your nominees before the end
of every month.
Send your submissions to [email protected]
ARE YOU CURRENT?
Have you gotten married or divorced?
Had a baby?
Changed numbers or address?
Please contact Suzanne at the PBA Office
(561) 689-3745
to update your information.
The PBA is not notified of changes made within your
department.
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
PA L M B E A C H C O U N T Y P B A
EXECUTIVE BOARD
John Kazanjian, President
Ernest W. George,
Executive Director
Rick McAfee, Vice-President
Lou Penque, Treasurer
Vinnie Gray, Secretary
Bob Odell, Sgt.-at-arms
Gary Lippman, General Counsel
Larry Fagan, Legal Counsel
BOARD OF DIRECTORS
BOYNTON BEACH
Toby Athol
Frank Ranzie
Kelly Harris
Craig Anthony
Henry Diehl, Alt
Doc Davis, Alt.
DELRAY BEACH
Adam Rosenthal
Rod Stevenson
Paul Weber
Scott McGuire
Sal Arena, Alt.
Joseph Hart, Alt
FAU
Darren Courtney
GREENACRES
Josh Silvey
Joseph Rendueles
Dylan Vaughan, Alt.
JUNO BEACH
Tom Nicholson, Appt.
JUPITER
Chris Smith
Jason Levinstein
Jeffrey Bernstein
Mike Lilienfeld, Alt.
Quinn Harris, Alt.
LANTANA
Troy Schaaf
Chris Decker, Alt.
MARTIN COUNTY SO
Bruce Pinkman
Doug Moore
Mike Ferguson
Michael Dougherty
Thomas Neild
Brian Bergen, Alt.
Richard Parks, Alt.
Check out our
website
www.pbcpba.org
Page 4
MARTIN COUNTY SO CORRECTIONS
Jackie Gore
Warren Rogers, Appt.
Tommy Randazzo, Appt.
Christina Bardzinski, Appt.
NORTH PALM BEACH
Damian Izquierdo
PALM BEACH COUNTY
SCHOOL POLICE
Bill Lammie
John Hawes
Harry Rawlings
PALM BEACH COUNTY
SHERIFF’S OFFICE
Paul Vrchota
Dan Burrows
Mike Antonopoulos
Charles Nicastro
Ray Griffith
Terry Maguire, Alt.
Kevin Igo, Alt.
John McGuire, Appt.
John Navarro, Appt.
Rich Diberardino, Appt.
PBSO Site Reps
Mark Alexander
Rick Barnett
Patrick Bolton
Ralph Brillinger
Stanley Cale
Ron Cohen
Randy Collier
Darren Curci
Tim Daly
Bill Evans
Greg Fernandez
Rich Frankiewicz
Bill Gale
Stan Jackson
Ray Jimenez
Dean Johnson
Jason Johnson
Tom Lunney
Pat Lynch
David McCormick
Rick McDermott
Mike Medelsberg
Jesse Miller
Ryan Mugridge
Barb Olson
Dennis O’Rourke
Michael Ott
Emory Payne
Margaret Picerno
Jeff Pomerantz
John Rivers
Rick Ruffolo
Jay Shears
Steven Sherman
C O D E
PBSO Site Reps Cont.
Darren Stinnet
John Sylvester
Kelly Whittles
PALM BEACH COUNTY
SHERIFF’S OFFICE
CORRECTIONS
Jerry Sneed
Tammy Bussey
Pete Tartaglione
Willie Powell
Jeff Jackson
Will Pinto, Alt.
DJ Dowling, Appt.
Patrice Quinn, Appt.
PBSO Corrections Site
Reps
Willie Blackmon
Calvin Robbins
Beverly Morrison
PALM BEACH GARDENS
Bob Odell
Richard Geist
Greg Allen
Cecil Wagner, Alt.
Jim Shackelford, Alt.
PALM BEACH SHORES
Tom Clark
Michael Simmons, Alt.
PALM SPRINGS
Rusty Lee
Sean Grant, Appt.
STUART
Tammy Farnham, Appt.
TEQUESTA
Charlie Weinblatt
James Pike, Alt.
WEST PALM BEACH
Louis Penque
Troy Marchese
Ed Thomas
Brian Gaudette
Matt Bessette
Chris Roaf, Alt.
Tony Lutz, Alt.
Mike Leas, Appt.
Kevin Coppin, Appt.
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
Board of Directors Meeting
Attendance - 12/18/2008
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WELCOME NEW MEMBERS
OCTOBER
CHANITA WELLS - PBSO
Non-Sworn
DAHLIA ROSE-IRVING PBSO Non-Sworn
NUBIA SAVINO - Riviera
Beach
HECTOR DELGADO Homeland Security
JOHN CAMPBELL - PBSO
Non-Sworn
CYNTHIA RIVERA - Boynton
Beach
CHRISTIAN KELLENBERGER
- Palm Springs
MARK SIMPSON - PBSO
TINA BOLTON - PBSO
DAVID DAU - MCSO Corr.
CHRISTOPHER PEPITONE MCSO
GERALD PITOCCHELLI Tequesta
JAMES MARINELLI - School
Police
MARTIN SHORKEY - School
Police
MARIE STEAKIN - PBSO
BRIAN BRADY - Greenacres
KAREN SMITH - PBSO Corr.
BRADLEY DUFORT - PBSO
ANGELA CHAVERS - PBSO
Corr.
RONALD TAYLOR - PBSO
Corr.
RAQUISHA CATO - PBSO
Corr.
JORGE GOMEZ - PBSO
KEVIN GRANT - PBSO
JUAN HO - PBSO
CHARLES INSALACA - PBSO
CHANTALLE JACOBS - PBSO
JEFFREY LEFTON - PBSO
AMY LINDGREN - Stuart
DIANA LOPEZ - PBSO
KEN MAYS - PBSO
KEVIN MOSS - PBSO
RICARDO SAFFORD - PBSO
MICHAEL SANNER - PBSO
ARMANDO SORELL - PBSO
IAN SOWERS - PBSO
JUSTIN STRICKLAND PBSO
JASON TOOKER - PBSO
JASON TUCCIARONE - PBSO
OCTOBER (continued)
CHRISTOPHER WILSON PBSO
KRISTINE BRACK - PBSO
Corr.
DOUGLAS POTTER - PBSO
Corr.
NOVEMBER
MAJOR THORNTON JR. PBSO
DANIELLE SMITH - Palm
Beach Gardens
GERALDO CASTILLO - PBSO
Corr.
RODNEY MCKAY - PBSO
Corr.
LIBRA ICON - PBSO Corr.
MICHAEL CASHWELL MCSO
JAKE EICK - West Palm
Beach
JAMES INGRASSIA - West
Palm Beach
ALBERTO MARTINEZ - West
Palm Beach
LINDA EPPS - PBSO Corr.
HERBERT KOOTA - PBSO
JOHN LEDFORD JR. - PBSO
WILLIAM SAMPSON - PBSO
BRANDON BINES - Riviera
Beach
MARCOS RIVERA - Jupiter
FERNANDO PALACIOS West Palm Beach
DECEMBER
RYAN VENIER - West Palm
Beach
JOSEPH MARGOLIS JR. Lantana
LESHA CORBETT - PBSO
Corr.
STEFANIE DION - West Palm
Beach
MARQUES BROWN - Delray
Beach
THOMAS DIPOLITO Lantana
LUKE RIVARA - Boynton
Beach
JEFFREY WINTERS - PBSO
FELIX JEAN-JULIEN Boynton Beach
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
So, How’s All That Swearing (or
Verifying) Working Out For You?
Submitted by Gary Lippman, General Counsel
A
s you may recall, effective back in June 2007, F.S.S.
112.533 was amended to require agency investigative personnel “[v]erify pursuant to s.92.525, F.S. that the contents of
[their] report are true and accurate” etc., and that they “have not
knowingly or willfully [violated] any of the rights contained in
ss.112.532 and 112.533, F.S.” (commonly referred to as “The
Police Officers’ Bill of Rights”).
There’s no mystery as to why the amendment was important
to us. Too many of our law enforcement and correctional officers’
careers had been compromised or concluded by disciplinary
actions derived from “investigations” unworthy of the paper they
consumed. The PBA’s intent with regard to the verifications subject
of House Bill 723, which became s.112.533(2)(a), F.S., could not
be clearer. Prior to the Amendment, s.112.533(1), F.S. required
only that every law enforcement and correctional agency in
Florida establish a “procedure for investigating a complaint against
a law enforcement and correctional officer and for determining
whether to proceed with disciplinary action or to file disciplinary
charges... .” While State law provided criminal penalties for making false investigative reports, prior to our Amendment there was
no law specifically requiring the authors of the investigative
reports to verify pursuant to s.92.525, F.S. (“Under penalties of
perjury”) that the contents of the report are true and accurate.
Neither was there any statutory requirement that the authors of
those reports verify (“Under penalties of perjury,” again) that they
complied with the subject officers’ rights under Chapter 112, F.S.
in the conduct of their investigations.
The thought was that verification requirements reasonably
might ensure that a Sheriff’s or Chief’s final determination
“whether to proceed with disciplinary action” would not be based
upon factual errors, inadequate, or misrepresentations of, evidence, inaccurate “summaries” of witness statements, and/or otherwise was not tainted by investigative reports resulting from coercive interrogations, personal vendettas, retaliation, etc. The hope
was that the verifications would be a hedge against investigations
and reports we had experienced as skewed and unfair.
Sad to say, but unfortunately true: In some quarters, not a
whole lot has changed these last 18 months. In fact, there still are
some agencies out there that can’t even get the verifications right
and/or don’t produce those documents in advance of pre-disciplinary proceedings as required under s.112.532(4)(b), F.S. Before
the Amendment, some “investigative reports” reading like probable cause affidavits was nothing new (that is, reports omitting any
references whatsoever to exculpatory evidence). Since the
Amendment, some “investigative reports” have evolved to actually
look like PC’s.
I don’t have an “M.D.” after my name (I’m only a juris doctor), so venturing explanations for an investigative compulsion to
“connect the dots” on our members is beyond my jurisdiction; but
it is apparent. And while the FDLE’s Criminal Justice Standards
and Training Commission fairly regularly disciplines, if not de-certifies officers for falsely swearing to things in their IA “focus” interrogations, and some occasionally are criminally prosecuted for
such felonies “of the third degree” against criminal “suspects,” I
have yet to hear of any “policy investigator” similarly being called
to account for a violation of s.92.525, F.S. That’s just the way it’s
been, and that’s the way it is. But if and when that ever happens,
you can be assured there will be no celebrations in our offices precisely because it will mean at least two (2) careers have been compromised or concluded.
Ultimately, it’s up to each and every agency out there to police
its police, and to determine whether “investigations” are all about
“facts” and “evidence,” or whether such things are more elastic,
depending upon the individuals. Short of jumping into our cars,
driving over to their offices, sitting behind their desks, and doing
investigators’ jobs for them, PBA attorneys only can prepare our
members for their interrogations, explain the way the procedures
are supposed to work, and drag out into the light of day investigative misconduct when we can see it. The rest is left, too often still,
to “the kindness of strangers.”
Feel free to let us know how it’s worked out for you. Happy
New Year!
EMERGENCY CONTACT PROCEDURE
To contact a PBA Attorney, day or night, seven days a week, use
the following numbers:
Regular Business Phone: ..................................(561) 689 3745
Digital Pager: ..................................................(561) 326-8252
Regular Business Fax: ......................................(561) 687 0154
24 Hour Emergency Voice Pager: ....................(561) 751-6298
Page 6
[Call voice pager, leave message including a contact number,
hang up. The machine will automatically dial the attorney's
pager, and play back your message]
Keep calling. You will get a response.
NOTE: For updated PBA information, please visit our website
at www.pbcpba.org
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
PBSO News
Palm Beach Shores News
D/S Earl Bakke has decided to retire after 20 years on the
job. Earl worked for Lake Worth PD for 19 1/2 years and the
last couple of months with PBSO after the merger. Earl spent
most of his career in the traffic division at LWPD as a THI. Earl
is moving to Arkansas where he will begin his new career as
an Air Medic. Best of luck Earl in your new endeavors. You
will be missed by your family in District 14.
Submitted by: PBSO Sgt. Mike Mendelsberg
North Palm Beach News
As your Union Representative, I will be the first one to tell
you that I am anticipating great challenges ahead as we go into
2009. Remember our Contract expires October 2009, which
means the whole Contract will be open for negotiations. With
that said, I will tell you that we are ready to take on these challenges regardless of how difficult they may be, but we are
counting on every one of you to assist us as much as possible.
We need your support in order to get a good Contract for
2010. Remember, if you do not get involved then you can’t
complain. My current goal is to start negotiations very early in
the year, before the budget hearings begin. It is obvious that it
is very difficult to get anything done after the Village budget
has been approved.
For those of you who may not know, we finally concluded the pension negotiations for the 2006 Contract. We did not
get any enhancements other than the minimum requirements
which are mandated by the State law. This negative outcome
is attributed to the recent property tax cuts (Amendment 1)
which are now affecting the Village as a whole. Even though
these enhancements are minor, you have to remember that
without us meeting these minimum requirements we could
not enhance our pension. With these minimum requirements
met we could now address other issues regarding our pension.
Like I have said in the past, our pension has been broken for
decades and it will not be fixed overnight. I need to emphasize that everyone needs to be patient while we tackle this
problem one step at a time.
If anyone has any ideas for our next Contract negotiations, please write them down. Within the next couple of
weeks I will be sending some forms soliciting these ideas.
Remember, these ideas do not have to focus on monetary benefits alone; they could address Contractual language or other
matters pertaining to specific Articles. I will be looking forward to everyone’s involvement in Union issues throughout
the year.
Submitted by: Damian Izquierdo, PBA Rep
Keep informed via e-mail!
Sign up for E-PBA at
www.flpba.org
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The year ended on a positive note – the Contract is complete and we are starting on the new one for 2009. The one
year Contract we have is a reflection of cooperation between
our PBA members (most anyway) and Mayor Mills - The Town
of Palm Beach Shores. We didn’t hit it big but nothing was
lost. Mayor Thomas Mills indicated that “hard times” had hit
Palm Beach Shores, as it has throughout the State, but he was
flexible in his efforts to make up in other areas for some of the
dollars short comings. We thank him for that effort.
Again with the ‘Happy Feet’… The Town awarded
Lieutenant Steve Langevin and Officer Mike Simmons the Life
Saving Award for their heroic efforts in saving lives at two
medical calls – at the same time - in the Mayan Towers. They
arrived on scene before the para-medics and had revived the
people with their AED’s and CPR before advanced medical
assistance was on scene.
Chief Roger Wille is out with severe back problems and is
under doctors’ care. The Town is unsure when he could return
and has appointed Captain Steven Kniffin as the Acting Chief.
Our support is behind both men- Chief Wille and Acting
Chief Kniffin, as he takes on the additional responsibilities.
As of this publication – the holidays will have been. Our
hopes are that they were great holidays with family and our
hope is for a Safe and Rewarding New Year.
Remember: Live simple, Love generously, Care deeply,
Speak kindly - Leave the rest to God.
Be Safe Out There...
Submitted by: Officer T. Clark Sr., PBA Representative
Know Your Rights!
If you are under investigation, remember, as a law
enforcement officer, you have rights. They include:
THE RIGHT . . . to have a PBA representative present during an interview
THE RIGHT . . . to know who's in charge of the
investigation
THE RIGHT . . . to know what the charges are and
the name of the person bringing the charges
THE RIGHT . . . to have the interview at a reasonable time and for a reasonable length of time
THE RIGHT . . . to have any interview tape-recorded from start to finish
THE RIGHT . . . not to be threatened, bribed or to
have to listen to offensive language
THE RIGHT . . . not to be forced to resign
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
Juno Beach News
On October 1, 2008, the Juno Beach Police Department
police officers, sergeants, investigators and dispatchers got a
union Contract for the first time in their history. After a tough
two year effort, and after two previous failed attempts, our
goal has been realized. Did we get the Contract we wanted?
No we did not, but it is a start. A good start at that. Thanks to
our PBA Representative Officer Tom Nicholson for getting us
to home plate. Job well done.
The Town of Juno Beach has been long accustomed to its
rank and file police personnel being at-will employees, but
given past administration practices and the way the national
economy is going, our getting a Contract could not have come
at a more unpredictable time.
Coincidentally, in and around the same time as our
Contract negotiations were wrapping up two other events
took place that bode well for the health of our Department.
First, the Town has hired a new chief. We welcome Chief
Dennis Weiner, who served fourteen years with the NYPD,
and then went on to serve twelve years as chief of Center
Island PD on Long Island NY. Chief Weiner is also a Navy
reserve officer and comes with a great deal of knowledge,
ideas and innovations both from his law enforcement background and military background. He has quickly empowered
all of us to join in to make the Juno Beach Police Department
the best it can be. Second, The Town has replaced the prior
Town Manager, Jeff Naftal, with a known proven professional
who was promoted from within. This being Joseph LoBello,
the former Chief Financial Officer of Juno Beach. The members of the Juno Beach Police Department have already had a
positive working relationship with Mr. LoBello, and he proved
instrumental in helping to finalize our Contract. Thank you,
Joe, and we look forward to a continued atmosphere of cooperation and communication.
Well, now we have a Contract. It feels great, but there is
work to be done. The Town will come to realize that the
unionization of the police personnel is not the dire event some
thought it might be. Instead we hope to show that with
improved communication and representation, recruitment
and retention will improve, and the level of service we provide
to the Town will be that much better. Thanks to all for their
efforts and support.
Submitted by: Pat Nicolello, PBA Member
Show your support
for Palm Beach Co.
PBA!
See the list of PBA wearables and
collectibles on page 17.
Page 8
MCSO News
Martin County Sheriff’s Office creates it’s first ever
Historical Yearbook!
We have been successful in the creation of our first
Yearbook ever, and hopefully it will be completed with the
process and have the books given to the members that ordered
them by January or shortly thereafter.
The creation of this Yearbook was a collaborative process,
combining members from the Law Enforcement and
Corrections Dept. and showcasing the many positive contributions everyone makes all year long.
I wanted to express a special thanks to all the people that
helped to create this Yearbook and supported the idea and
helped bring this to life.
If there are any other agencies that are interested in creating a Historical Yearbook, there are several companies that
offer discounts and special prices for Law Enforcement and
Fire Fighters. Excalibur is the company we used.
I would like to send a special thanks to the Polk County
Sheriff’s Office for their gracious assistance in offering guidance with this project. Their Yearbooks have been a success in
their agency and I hope ours will be a success as well.
Several PBA Rep’s as well as members volunteered their
time in the creation of this historical Yearbook as well as other
members throughout all levels of the Agency.
It was wonderful to see many people working together on
a common goal in the creation of something that will be a nice
memoir to the members and the Agency.
I would also like to express a special thanks to Sheriff
Crowder, Major Chase and Lt. Demarchi for their assistance in
this process. It was with their support this became possible.
Hope everyone had a Happy New Year and Happy New
Yearbook to Us!
Submitted by: PBA Rep. D/S Christina Bardzinski
ATTENTION:
RETIREES
Please take notice that pursuant to §95.11(3), Florida
Statutes, lawsuits, including “an action founded on negligence,” and “for assault, battery, false arrest, false imprisonment, or any other intentional tort… ” must be filed “WITHIN FOUR YEARS” of the incident date.
To the extent that such lawsuits may be brought against
you after you retire, you need to consider continuing your
membership for four (4) years beyond your retirement.
If you are retired but have returned to law enforcement
and are currently paying a “RETIREE MEMBERSHIP,” you
should be aware that if you are subject to such actions at a
time when you no longer are paying the appropriate dues,
the PBA cannot provide legal assistance. See Palm Beach
County Policy 12-1.
Enjoy the full peace of mind your retirement should
mean.
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
IRS Officially Extends Effective Date Of Normal
Retirement Age Rule To January 1, 2011.
By Andy Mournighan, NAPO Director of Governmental Affairs
I
n a victory for NAPO and public safety employees across the
county, the IRS officially extended the effective date of its
Regulations on Normal Retirement Age (Treasury Regulations
Section 1.401(a)-1(b)). The November 3, 2008,Internal Revenue
Bulletin 2008-44, Notice 2008-98 amends the normal retirement
age regulations to change the effective date for governmental plans
to plan years beginning on or after January 1, 2011.
It is important to note that the final regulations are for the purpose
of in-service distributions only. An in-service distribution is similar to a Deferred Retirement Option (DROP) plan in that an
employee can technically “retire” and start drawing pension
checks, but continue working for the employer maintaining the
pension plan. However, with an in-service distribution the pension checks are sent directly to the employee, while under a DROP
plan the pension checks are sent to an interest-earning account.
Therefore, with an in-service distribution, the employee is able to
collect both his pension and his pay checks simultaneously. This
is what the IRS wants to prevent an employee from being able to
do until he reaches “normal retirement age” as defined by Treasury
Regulations Section 1.401(a)-1(b), which is 50 years of age for
public safety officers. This regulation pertains only to in-service
distributions, not to DROP plans.
A public safety officer can still retire after 20 or 25 years of service, even if he has not reached the age of 50, and receive a full, unreduced pension as long as he severs all employment with the employer who maintains the plan. This would no longer be considered
“normal retirement age”, but rather “early unreduced retirement”.
The IRS normal retirement age regulations not only affect an
officer’s ability to continue working or return to work for the same
employer after retirement, but they also affect his ability to qualify for the HELPS benefit. Under the HELPS provision, a public
safety officer must have retired at “normal retirement age” in order
to obtain the privilege to use up to $3,000 from their retirement
savings on a pre-tax basis for use toward health care insurance and
long-term care insurance premiums. If an officer retires prior to
the age of 50 with an “early unreduced retirement”, he will not
qualify for the HELPS benefit.
The IRS normal retirement age is not retroactive. If an officer
is already retired or is planning to retire prior to January 1, 2011,
the new IRS rule should not affect him or her.
NAPO has been working with Congress and other public sector organizations to delay or rescind these regulations since the
IRS published the proposed rule and we are continuing our efforts
to exclude governmental plans from these regulations. We strongly believe the IRS should not attempt to create standardized definitions for normal retirement age with regards to governmental
plans, but instead should defer to the applicable state or local
laws, regulations and policies governing the plan. NAPO is confident that we will be successful in getting the IRS to amend the regulations to exclude governmental plans.
Please join NAPO in our efforts to ensure that the IRS normal
retirement age regulations will not go into effect for governmental
plans. Contact your Senators and Congressional representatives
and ask them to urge the IRS to remove governmental plans from
of Treasury Regulations Section 1.401(a)-1(b).
If you would like more information on this issue, please contact NAPO’s Director of Governmental Affairs, Andy Mournighan,
at (800) 322-6276.
10 – 24 “Financially Speaking”
By Arthur Abrahamsen, Registered Representative, [email protected]
A
s the printing of this years’ first “CODE 3” goes to press the
financial markets are depressed, bond markets devastated,
real estate is still plunging and credit availability is nil. Our new
president has taken office and vows to stimulate the economy by
handing out more money and increasing the national debt. The
country’s morale is at an all time low and consumer confidence has
gone the way of the no income check mortgage! That’s just a few
of the facts and it will probably get worse before it gets better —
that’s the bad news!!
The good news is that the Palm Beach County PBA has asked
me to begin a financial column for those officers in need of assistance. It will run quarterly and be designed to answer financial questions asked by you, the readers of “CODE 3.” These questions can
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either be mailed to the PBA office or posted to the direct link
between the PBA website and The Center for Wealth Planning. Did
you know that if the proper financial planning had been completed
and you stuck to the plan in place, then none of the bad news mentioned at the beginning of this article has affected you or your future.
Hopefully that is the case, but most probably many of you
have been devastated by current conditions. It is the desire of the
PBA and The Center for Wealth Planning to help prevent fraud
and investment losses from destroying a 25 year career and sending retirees back to the job market. Send your questions in today
and let’s begin the Financial Planning Process so no officer finds
himself or his family in a “10 – 24 Financially Speaking”
Till the next issue,
Arthur Abrahamsen
Page 9
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
1st Annual Palm Beach County
PBA Charity Golf Classic with
NFL Hall of Famer Dwight
Stephenson
Page 10
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
PGA National Resort & Spa “Champion” Course
December 1, 2008
Thank you for helping us raise over
$10,000 for the PBA Charity Fund!
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Page 11
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
PBA Scholarships
The annual Scholarship Applications
are now available at the PBA office.
The deadline is April 15th, 2009.
Good luck to all applicants!
EMERGENCY
NUMBER!
Members, please be advised the emergency
number is for CRITICAL INCIDENTS ONLY.
Please contact our attorney(s) after hours
only for critical incidents; that is, an officer-involved shooting, an in-custody death,
or an on-duty vehicle accident with injuries.
If you have questions about an IA or any
other work-related incident, please contact
the Legal Assistant, Amy, at the PBA Office
(689-3745) during business hours 8:30 AM–
4:30 PM Monday through Friday.
NOTICE:
LEGAL ADVISORY
PBSO SCHOLARSHIPS
PAYROLL DEDUCTIONS
PBSO has set up a payroll deduction for the PBA Charity
Fund, Inc. If you are interested in giving towards this worthy
cause, please contact the PBSO Payroll Department and
request a payroll form.
If you have any questions regarding the payroll deduction,
call Kaz at 689-3745.
POLICE SHOOTINGS, IN-CUSTODY DEATHS
OR SERIOUS TRAFFIC ACCIDENTS
WHAT TO DO?
STAY CALM
Have you been ordered to write a statement
about an incident that may be investigated?
DON’T FORGET YOUR RIGHTS!
CALL PBA AT (561) 689-3745
Do not talk to anyone until you have consulted
with a PBA ATTORNEY
PROTECT YOUR RIGHTS
The following statement should be written as the first sentences on any statement, report, or memorandum an officer
is ordered to write when the officer knows or has a reasonable belief that discipline may result:
It is my understanding that this report is made for administrative, internal police department purposes only. This
report is made by me after being ordered to do so by lawful
supervisory officers. I have not been permitted a reasonable
amount of time to confer with a PBA representative or attorney. It is my understanding that by refusing to obey an order
to write this immediately, that I can be disciplined for
insubordination and that the punishment for insubordination can be up to, and including, termination of employment. This report is made only pursuant to such orders and
the potential punishment/discipline that can result for failure
to obey that order.
Page 12
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
PBA’s Activity For 2008
By Terry Maguire, PBSO Rep
A
s 2008 comes to a close, here is a look at the activity of the
PBA. In addition to the completion of several hold-over’s
from 2007, in 2008 the PBA attended:
136 Internal Affairs cases,
26 Personnel Complaints (District level IA’s),
14 Grievances,
14 Critical Incidents (includes shootings, tasings, and traffic
crashes)
9 Criminal Cases,
5 Civil Cases,
2 Arbitration Hearings.
These include both Corrections and Law Enforcement, and as
of the middle of December, several will carry into 2009. This does
not include the many calls to the office or to individual
Representatives who are able to answer questions of the members.
Many of our members have had their issues successfully resolved.
While I understand that some will say “Yeah, but in MY
case...”, realize that each case is looked at on its own merits. But
some have been decided already on the ISSUE in a previous case,
so the answer YOU want may not, ultimately, mesh with the actual outcome. In this case, the PBA is bound by previous decisions.
Just as in court, when the Supreme Court makes case law, we are
bound by previous decisions. This doesn’t mean we like the
answer, just that there is nowhere for us to go with the case.
We continue to look for ways to improve, and when it is
needed, we change what we have done, or the way we do it. We
are not perfect, and can and do miss things from time to time. This
is human nature. We try to look for any loop-holes and close them
before the Administration finds them, but that sometimes happens
AFTER a member has been negatively affected.
With the Contract up for renewal, and the economy in the
shape it is in, 2009 will be a challenging year for the Palm Beach
County Sheriff’s Office and the Palm Beach County PBA. We MUST
ALL work together to make this a productive and beneficial year.
Stay Safe and may this article find all in a healthy New Year.
REMINDER
The legal defense policies of the Florida and Palm Beach County PBA have an important provision regarding representation. If a
member elects to secure representation by anyone other than the PBA (a private attorney, for example) that member is considered
to have waived representation by the PBA. Once this happens, it is the PBA’s option whether or not to continue to represent the
member in that matter. Please call the PBA office if you have any questions regarding this policy.
Palm Beach County PBA
Board of Directors Meeting
and Holiday Luncheon
December 18, 2008
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Page 13
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
DROP’s Goal Is To Keep Good Workers
By Bill Cotterell, Columnist, Tallahassee Democrat, 12/8/08
W
hen I disagree with an editorial, rather than writing
about it, I usually go in and harangue any editor unfortunate enough to be lurking in that department at the moment.
I’m not on the editorial board but, if I were, I’d have argued a
couple of points in our “double-dipping” piece last week. Pegged on
State Attorney Willie Meggs’ decision to take a 30-day break in service and collect a $500,000 lump sum from his accrued pension fund,
the editorial reasonably called for caution in “reforming” the Deferred
Retirement Option Program (DROP) to fix “egregious” abuses.
But I perceived two misperceptions. First was that term “double dipping.” Second was a line that said DROP is “an incentive to
ease out highly paid senior employees and create vacancies at the
top for younger, lower-paid ones.”
No. The purpose of DROP is to keep valued employees for up
to five years, not to ease people out. I interviewed the late state
Sen. Pat Thomas, D-Quincy, about that several times when he
sponsored the DROP law.
DROP essentially lets employees “retire” on Friday and come
back to work Monday. They continue earning salary, and their
monthly pension payments are banked for up to five years. Then
they have to leave — but they’re not condemned or contaminated.
Like any other citizen, they can apply for a state job, including the one they just left. Like any other employer, the government
may or may not hire them.
In Meggs’ case, he already has the job to which he was reelected, unopposed, this year. But any state employee can do it, if
it’s mutually agreeable. Few have a half-million bucks on tap, but
the concept isn’t just for big shots.
One reform they ought to be considering is, why require a 30day break in service? What does that accomplish?
DROP, and the rehiring of DROP-outs, can save the state money.
Without it, we’d probably replace the ex-employee with someone
paid less, but only for a while. And we’d still be paying both the
salary and pension, whether the money goes to one person or two.
With the re-tread retiree, we save future pension contributions while benefiting from the experience of the old hand. And in
addition to requiring new pension contributions, a younger
replacement employee is statistically more likely to have dependents who’ll cost money in the state insurance pool. Only if a
retiree’s job is abolished, or if we hire a replacement for incredibly
less, do the taxpayers save any money — even temporarily.
With Meggs, Wakulla County Sheriff David Harvey and a few
others around the state un-retiring, we’re going to hear a lot about
DROP “reform” in the 2009 legislative session. And with thousands of Floridians losing their jobs, it’s an easy cheap shot — all
these bureaucrats getting a pension and a paycheck.
The normally sensible St. Petersburg Times did some damage
early this year with a breathless report that 8,000-plus employees
were “double dipping” — even triple-dipping — many also getting deferred compensation payouts. That’s right, people were lawfully obtaining money that belonged to them.
But your pension is not dreamed up on your last day at work.
Once vested, you earn it, month after month, year after year, and
each dollar ceased belonging to the state at the time it was
assigned to you — whether it was put in your paycheck and spent
instantly, put in a deferred-compensation fund or into a DROP
Page 14
pot. The state can’t not give it to you when you qualify.
Yes, many executive salaries are far too high and, yes, Florida’s
employer-paid pensions are very generous. So change them. And,
yes, many pseudo retirees get their old jobs back with a wink and
a nod from a friendly supervisor. So if we can define cronyism by
law, let’s root it out.
But the retirees (whether they come back to work or not) are
not receiving the taxpayers’ money. It’s theirs.
And nobody is “dipping.” If you think the payroll or pension pots
can simply be dipped into, like the liquor trough at a fraternity party,
go ahead and try. You’ll meet Mr. Meggs or one of his assistants when
they catch you. But “double earning” doesn’t make as good a story.
Second, DROP can benefit of both the state and the employee.
Don’t hold me to the details, this is just a hypothetical, but let’s
say you’re 55 years old, make $50,000 a year and could retire at 75
percent of salary. That means you’re really working for $12,500.
Now, you figure, the kids are grown and the house is paid for,
you’ve got investments (never mind the current market) that will
give you some income, your spouse is working and you’ve got
Social Security out there in a few years — maybe an inheritance —
so you could quit today and still put together the whole $50,000
from sources which (remember!) already belong to you.
Thus, you’re basically working for free. And maybe you have
skills that could give you a prosperous, if brief, second career to
earn more.
But when you tell the boss you’re retiring, he or she says, “We
need you, please don’t go.” Without DROP, why would you stay?
So the state says, “OK, if you stay, we’ll put your pension in a
deferred account for the next five years and you’ll continue earning your salary.”
Now you have a big incentive to stay.
So at age 60, you get a lump sum out of DROP, plus any
deferred-comp you squirreled away, and you’re out the door.
Maybe they still need you. Maybe you’re a Supreme Court justice,
legislator or state attorney with some years left on your term.
Maybe you’re highly competent and healthy and you don’t feel like
being discriminated against for having worked for the state all
those years.
So you take the 30-day break in service, get your DROP
money and then apply for your old job. Unless you have an elected term, like Meggs, they don’t have to take you back, or rehire
you at the same salary.
If you’re not needed, they can let you go — in fact, they
should have, long ago. If, because of the budget, they decide not
to fill your job, they shouldn’t take you back or hire anybody else.
But if the work needs to be done, and you have a record of
doing it well, they shouldn’t hold it against you that you put your
30 years in, took DROP money that belongs to you, and are now
drawing a pension that they’d have to pay you if you stayed home.
One amusing sidelight to all of this: Seeing reporter Nic
Corbett’s story about Meggs, some online readers clicked the
“comment” line to post outraged responses. Many of them brought
up Sheriff Larry Campbell and, later in the week, Sheriff Harvey
down in Wakulla.
What this has to do with retirement or DROP or deferred
comp is not clear, but if you’ve got a grudge against the sheriffs and
the state attorney here-abouts, maybe the problem isn’t with them.
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
Cry – Cry – Cry
By D/S C. Nicastro
F
rom time to time, I browse the Leoaffairs.com website. What
never ceases to amaze me is that no one has the “you know
what” to sign their name.There’s nothing to be afraid of as long as
you don’t make up stories or lie about facts. If things are not to
your liking, come to the meetings and voice your opinions. No
one will bite you.
I guess the Contract Kaz worked so hard to get us, is not good
enough for you. I’ve been a member of the PBA for 20 years. I can
assure you, it is a million times better than it was back then.
Sheriff Willie was okay. He gave us a 3% salary increase every year.
Then came Neumann. 0% salary raises because he thought we
made too much money. Then there’s the Sheriff who took the cakeSheriff Bieluch. He was clueless and didn’t care about us. Of
course, there are a few who will disagree with me. Finally, Sheriff
Ric Bradshaw. Between Sheriff Bradshaw, Kaz, Ernie and our attorneys, we have what we have today. The best three year contract
ever! Right now, times are bad. Who’s at fault? Not Kaz. How
about President Bush? I’ve known Kaz for over 20 years. If I screw
up, I’d want Kaz and Ernie on my side. I know they would do
whatever it takes to make things right.
Leoaffairs.com is full of crybabies who constantly complain
and listen to other crybabies. The problem I have with you is, be
man enough to sign your name at the end of your complaint letters. Be a man or a woman. You’re all Deputy Sheriffs working for
the best law enforcement agency in Palm Beach County. I’m not
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going to say all of our staff are in favor of us but they are few and
far between. Kaz and Ernie are on our side. There’s an article on
Leoaffairs.com (I can’t say who wrote it because he/she was too
chicken to sign their name) which said “It’s time for a change.”
There’s no one I know better qualified to run the PBA than Kaz and
Ernie. They’re the ones who go to Tallahassee to help change laws
and pass new laws to benefit law enforcement. The problem I see
with you is, what’s for me? Times are bad right now everywhere. I
can assure you it will get better as the economy gets better.
If I hurt anyone’s feelings, I really don’t care. No one stuck up
for me with the Bieluch fiasco when I was wrongly taken out of my
Detective status for speaking my mind. I spoke up against him and
the S.O. to make things better for you and I paid the price. As
most of you know, I would do it again!
If you still insist on writing comments on Leoaffairs.com,
don’t be afraid to sign your name. Remember the 1st amendment,
Freedom of Speech!
Since Kaz started the PBA Charity Fund four years ago, he and
the other Committee members have raised over $700K for our
children’s college scholarships. This doesn’t look like a man who
would use our PBA funds for his personal use. The PBA also helps
our D/S with personal tragedy situations. They never refuse to
help our PBA members no matter what.
As VP for the Sheriff’s Office PBA, I’ll always be there for you
24/7 as long as you are 100% honest with me.
Page 15
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
23rd Annual
PBA Golf
Tournament
Saturday,
October 11, 2008
The President Golf
and Country Club
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
817.311 UNLAWFUL USE
OF BADGES, ETC.
(1) (817.311 SS)From and after May 9, 1949, any person who shall
wear or display a badge, button, insignia or other emblem, or shall
use the name of or claim to be a member of any benevolent, fraternal, social, humane, or charitable organization, which organization is
entitled to the exclusive use of such name and such badge, button,
insignia or emblem either in the identical form or in such near resemblance thereto as to be a colorable imitation thereof, unless such person is entitled so to do under the laws, rules and regulations of such
organization, shall be guilty of a misdemeanor of the first degree,
punishable as provided in S. 775.082 or S. 775.083.
(2) This section shall be cumulative to any and all laws now in force
in the state.
Florida Statutes (1987).
PLEASE NOTE
843.085 Unlawful Use of police badges or other indicia of authority:
(l) Unless appointed by the Governor pursuant to chapter 354,
authorized by the appropriate agency, or displayed in a closed or
mounted case as a collection or exhibit, to wear or display any
authorized indicia of authority, including any badge, insignia,
emblem, identification card, or uniform, or any colorable imitation
thereof, of any federal, state, county, or municipal law enforcement
agency, or other criminal justice agency as now or hereafter defined
in S. 943.045, which could deceive a reasonable person into believing that such item is authorized by any of the agencies described
above for use by the person displaying or wearing it, or which displays in any manner or combination the word or words “police,”
“patrolman,” “agent,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
“Wildlife Officer,” “Marine Patrol Officer,” “state attorney,” “public
defender,” “marshal,” “constable,” or “bailiff,” which could deceive a
reasonable person into believing that such item is authorized by any
of the agencies described above for use by the person displaying or
wearing it.
(2) To own or operate a motor vehicle marked or identified in any
manner or combination by the word or words “police,” (etc.) Or by
any lettering, marking, or insignia, or colorable imitation thereof,
including but not limited to, stars, badges, or shields, officially used
to identify the vehicle as a federal, state, county or municipal law
enforcement vehicle or a vehicle used by a criminal justice agency as
now or hereafter defined in s. 943.045, which could deceive a reasonable person into believing that such vehicle is authorized by any
of the agencies described above for use by the person operating the
motor vehicle, unless such vehicle is owned or operated by the
appropriate agency and its use is authorized by such agency, or the
local law enforcement agency authorizes the use of such vehicle or
unless the person is appointed by the Governor pursuant to chapter
354.
(3) To sell, transfer, or give away the authorized badge or colorable
imitation thereof, including miniatures of any . . .
(4) NOTHING IN THIS SECTION SHALL PROHIBIT A FRATERNAL, BENEVOLENT, OR LABOR ORGANIZATION OR ASSOCIATION, OR THEIR CHAPTERS OR SUBSIDIARIES, FROM USING
THE FOLLOWING WORDS, IN ANY MANNER OR IN ANY COMBINATION, IF THOSE WORDS APPEAR IN THE OFFICIAL NAME
OF THE ORGANIZATIONS OR ASSOCIATIONS.
For more information on our Florida
PBA-endorsed* retirement programs,
please call Ed Caldwell at 866-469-4440
(Cell: 770-313-0736) or Tom Howard at
800-282-5855, ext. 63424.
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Page 17
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
What Does It Mean To Have A Workers’
Compensation Claim
By Robert S. Winess, Esq.
I
t means a lot to protect your rights under the Florida Workers’
Compensation system. I have found that you the law enforcement and corrections community can find any number of ways to
injure yourselves including nearly getting thrown over balconies
in fights with bad guys to car accidents and anything in between.
Regardless of what type of injury you may have suffered, whether
it be a broken bone or a claim for benefits under Florida’s Heart
Bill for hypertension or heart disease, you must protect your rights
under Florida’s Workers’ Compensation system.
As you read this article please be aware that many of your
employers, especially the larger county agencies and the State of
Florida are self insured entities. That means they are essentially
their own insurance company and pay the bills out of their own
budgets. In these tough economic times it is a challenge for many
of these agencies to provide the Workers’ Compensation benefits
that were more freely or readily provided in the past. Now the
agencies feel that they must aggressively fight and defend an officer’s claim for benefits. To minimize the amount of money they
pay on Workers’ Compensation claims, often times the agencies
attempt to shift the burden to the health insurance companies.
Health Insurance versus Florida Workers’ Compensation
Insurance:
Not only does the poor economy affect the self insured
employers, it affects the health insurance companies. In the past if
an officer suffered an injury or a work related illness, and did not
want to hassle with the Florida Workers’ Compensation system,
officers would often take the path of least resistance and treat
under their health insurance coverage.
This was a fairly common practice. However now the health
insurance companies are becoming more budget conscious and
asking the question – did you injure yourself on the job? If the
answer is “yes” the insurance companies are often now denying
coverage and requiring that you treat under your respective agencies Workers’ Compensation plan.
Types of Workers’ Compensation Benefits:
Florida Workers’ Compensation benefits are essentially two
types of benefits – (1) medical benefits and (2) lost wage benefits.
Once you have secured entitlement to these benefits, these benefits follow you regardless of your employment status with your
agency. For example, if you retire, you do not automatically lose
entitlement to medical treatment.
If you are terminated because you were injured and can no
longer perform your job, in addition to having a potential claim
for “in-line” of duty disability pension benefits, you may still have
entitlement to your Florida Workers’ Compensation lost wage
benefits and your Workers’ Compensation medical benefits.
Unlike your health insurance, if you leave employment, your
Workers’ Compensation benefits can “follow” you.
Page 18
Understanding the Significance of Health Insurance Caps
and Coverage Generally
Most health insurance policies have a life time cap on the
amount of medical benefits that they provide, usually one to two
million dollars over a person’s lifetime. Each policy is different and
you would need to check with your department to see what caps
apply on your respective policy.
Now assume that you are a young officer that suffers a critical
injury or diagnosis of a potentially work related disease such as
heart disease or hepatitis and you are catastrophically injured. Will
your health insurance cover you for life? This becomes a sticky
issue especially if this occurs early in ones career. Additionally, if
you cannot continue with service and must forfeit your employer’s
coverage, there are questions of whether you will have any coverage at all.
Under the Florida Workers’ Compensation system benefits
are provided regardless of the amounts that have been paid. There
is no cap on the medical benefits. Although in the course of your
treatment you may reach something called “maximum medical
improvement” and you may then be required to pay a “co-pay” for
treatment, you may still have access to the care and treatment.
The Florida Workers’ Compensation system potentially provides other benefits including a benefit called “aid and attendant
care”. If you are unable to take care of yourself and a family member must assist you, that family member may be entitled to compensation. This is something that a doctor must order.
If you suffer an injury or ailment that hypothetically results in
a disability requiring use of a wheel chair, Workers’ Compensation
may be required to provide you with a wheel chair accessible vehicle or other needed items. Additionally, if your home requires
modifications to accommodate your disability, these home modifications are potentially benefits that can be sought through the
Florida Workers’ Compensation system.
Aggressive Defenses and Reporting of Work Injuries
Obviously, if the Workers’ Compensation works the way that
it was intended to, there are many benefits that may be available.
But, as discussed, these benefits can be costly especially in cases
under the “Heart Bill” or other occupational disease cases. In these
cases the Employer’s are hyper-aggressive in their defenses; sometimes to the point where alternate legal action is required.
One of the favored defenses is asserting that the injured or ailing employee “failed to notify” the employer of the injury or condition. This has been bolstered by recent court cases supporting
this defense tactic.
The Florida Workers’ Compensation laws require an injured
worker, including the law enforcement community to notify their
employer of a work related injury within thirty days of suffering
the injury. The failure to do so could result in the Employer exercising this defense and asserting that the claim is “denied” because
it was not “timely reported.”
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
You must protect yourself and your rights because in these
tight economic times the Employers will assert these defenses
despite your time on the job. The Employers are increasingly willing to deny benefits to good officers on this technicality. Although
very few officers want to report every cut, scrape, bump, or bruise;
if you fail to do so and the injury requires treatment at a later date,
you run the risk of being denied your Workers Compensation
benefits. Conversely, you indeed protect your rights if you report
your injuries.
Disability Under the Heart Bill
For the officers that suffer from hypertension and/ or heart
disease, a question being asked with increasing regularity is “why
are they denying my benefits if I suffer from the covered condition?” The answer often turns on whether you were “disabled” due
to your condition. Essentially, the courts have held that you must
have missed work due to the condition. You must be able to show
that you were temporarily or permanently “disabled” from performing your job as a law enforcement or correctional officer due
to the hypertension or heart disease. If you cannot make this
showing, then you will likely be denied benefits on the basis that
you did not meet the “disability” requirement of the Heart Bill.
The New Year
2008 is in the cabinet and I hope the New Year finds everyone refreshed and revitalized. If you find yourself confronted with
a Workers’ Compensation issue in 2009, please keep the above in
mind. The information may protect you and your family for years
to come.
Robert S. Winess, Esq., operates his law firm Robert S. Winess,
P.A. from West Palm Beach, Florida and is Of Counsel to Bichler and
Kelley, P.A. The firms cover cases Statewide and work closely with the
Law Enforcement and Correctional Officer community and handle all
Florida Workers’ Compensation matters with an emphasis on claims
under Florida’s Heart Bill. Additionally, the firms handle all issues that
arise from Florida Workers’ Compensation claims such as pension
claims, death claims, wrongful termination claims, and claims for
Social Security Disability benefits.
Robert Winess may be contacted at:
Robert S. Winess, P.A.
500 Australian Avenue South, Ste. 614
West Palm Beach, FL 33401
(561) 820-4863 PH
(561) 820-4964 FAX
Professional Courtesy Begins With The Officer Being
Stopped, Not With The Officer Making The Stop
Submitted by: Sgt. Rick McAfee, PBA Vice President
The following was originally published on NJLawman.com on
Thursday, October 7, 2004. Even though it is a few years old
it still holds true today.
S
ince the days of Wyatt Earp there has been an unwritten but
etched-in-stone doctrine which we call professional courtesy.
Under this doctrine, law enforcement officers are suppose to
take care of each other. It’s not just about traffic tickets either. It is
much more than that.
Throughout this article, the words “cop” and “officer” are used
frequently. They refer to all law enforcement officers including
State Troopers, Sheriffs and Corrections officers, Federal officers,
retired officers, municipals, etc.
None of us on the job today created professional courtesy. We
inherited it from those who came before us, and we’ll hand it
down to those who come after us. Law enforcement is a culture
and is no different from other cultures. We have certain rules, certain language, certain music, certain days and periods of remembrance and celebration, and, for the most part, we enjoy being
around each other. Professional courtesy is just part of our culture.
Several years ago during a trip up to Hoboken with some guys
from work, we stopped off at the bar district which overlooks
Manhattan. I forget the name of it. When we couldn’t get a parking spot we asked some Hoboken cops for guidance. They put us
in an unauthorized area behind their police car so we wouldn’t
have to walk and so they could watch our car for the night. The
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guys and girls at Newark Airport Port Authority PD will let you
put your car in their lot and shuffle you to and fro when manpower allows. If your wife and kids break down in our town, we’ll get
them back to you in one piece even if it means setting up a threecounty leap frog with the departments in between.
The bottom line is that we go the extra mile for each other and
extend courtesies that we couldn’t normally do for the public. I
may have never met you, but you know if you need a favor, just
ask.
I know the same.
This is not to say that we don’t go above and beyond for the
public, because we do. It’s just that most of us understand that as
part of an often alienated group, it is important that we stick by
each other.
Taking care of other cops doesn’t stop at a state border either.
If you’re not familiar with New York City and you flag down a
radio car for directions, tell them who you are and where you’re
going. If it’s in their sector and they’re not busy, I’ll bet that nine
out of ten times they’ll throw you in the back seat and shuttle you
to the front door.
Professional courtesy, however, is not diplomatic immunity. In
the old days, there were no limits to what cops were suppose to
do for each other. Those guys though didn’t make the salaries we
do today. There aren’t many readily available jobs with the money,
benefits, and pensions we have, so risking your job to fix a traffic
ticket is no longer part of the equation.
Continued on page 20
Page 19
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
Professional Courtesy (continued from page 19)
If after returning to your car you find a parking ticket, pay the
friggin thing. Don’t risk your job and the job of the officer who
gave it to you.
In New Jersey, or at least in some towns, in order to withdraw
a ticket you have to write a letter to the judge requesting permission for the dismissal. You also have to explain why you want to
have it dismissed. If you indicate that it was because you wrote the
wrong statute, you will be asked to produce the ticket you issued
with the correct statute. All tickets are numbered and tracked, and
if a summons is not turned in, you’ll receive a letter from the court
asking you to document it’s disposition. Behind-the-scenes chicanery takes down peoples careers and lives and, often, when you
see some officer’s career self destruct, it is for some stupid, minor
violation. It’s just not worth it.
Also, if you’re drunk and end up causing a three-car accident
with injuries, you can’t expect to be whisked out the back door of
the scene. Doing 75 MPH in a 25 MPH
school zone is nothing less than abuse.
When a spouse signs a domestic criminal
complaint, hands are tied. An arrest has to
be made.
There is a very important element of
this doctrine too which is too often overlooked.
Professional courtesy begins with
the officer being stopped, not with the
officer making the stop.
Most road officers have a story of a
fellow officer they stopped who immediately caught an attitude. There is no reason for this.
By far, the majority of us subscribe to
the “doctrine” of professional courtesy,
and most of us would agree that committing crimes or severely abusing your privileges is out of bounds. One could probably speed on the Parkway from Cape May
County to Bergen County and not receive
a summons. This doesn’t mean we should
do it.
It’s important to remember too that
there are always two sides to every story.
If your relative or courtesy card gets
written, give the issuer the benefit of the
doubt before declaring war. Sometimes
people don’t produce the card or identify
who they are. Other times their conduct
was absolutely deserving of the citation,
and they’re only telling you half of the
story. Then, there are those situations that
don’t fall into either of these categories.
These are the instances where the issuer
just doesn’t care. Unfortunately, this crap
happens a lot in some southern states.
The really disturbing part is that these
same officers wouldn’t hesitate to call you
Page 20
at your job asking for a favor. That is complete hypocrisy.
Fortunately, this group is by far the minority.
Oh, one final note.
There is one last group whom should not go without mention. While they may not fall under the doctrine of professional
courtesy, they are somewhat relevant to this topic in general. In fifteen years as a police officer, I have never, and absent extraordinary circumstances, would never give a minor summons to a veteran. These older guys from WWII, Korea, Viet Nam and even the
more recent conflicts have been to places geographically and mentally that most of us couldn’t even imagine. In a way, they’re even
above professional courtesy. Most of us have never served a day in
a military uniform, but that doesn’t mean we can’t try and understand and appreciate this very special people.
And please, “Professional courtesy begins with the officer
being stopped, not with the officer making the stop.”
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
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Page 21
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
ORIDA
WEST CENTRAL FL
NT ASSOCIATION
LE
VO
NE
BE
E
LIC
PO
2-4618
3360
1102 ❖ Tampa, Florida
412 E. Madison Street, Suite
225-1344
-267-9201 ❖ FAX: (813)
(813) 225-1300 ❖ 1-800
www.wcfpba.org
el Rouleau, Vice President
Vice President ◆ Micha
ent ◆ Steve Dickey,
tor of Operations
Nicholas Marolda, Presid
er ◆ Jim Diamond, Direc
reasur
ary/T
Secret
David Doty,
Page 22
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
BUSINESS DIRECTORY
175 Pinelawn Road • Ste 400
Melville, NY 11747
(800) 462-8178
(631) 806-9478 Cell
Richard Tschernia
Executive Vice President
[email protected]
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Page 23
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
Page 24
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
Evolution Fitness
$15.00 per month - No Contract*
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Page 25
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
Law Office of
Mark Bannon, P.A.
Mark E. Bannon
Centurion Tower
1601 Forum Place, Suite 1000
West Palm Beach, FL 33401
Page 26
Attorney at Law
Phone: (561) 688-8600
Fax: (561) 688-8120
www.bannonlaw.org
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T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
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Family-Retirement-Estate
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Phone: 631-238-5454, ext. 303 • Fax: 631-238-5459
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Securities Officered through North Ridge Securities Corp.
Members, FINRA/SIPC
Keep informed
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Page 27
Palm Beach County PBA
2100 N. Florida Mango Road
West Palm Beach, FL 33409
www.pbcpba.org
Non-Profit
Organization
U.S. Postage
PAID
Tallahassee, FL
Permit No. 154
Save The Date
for the
2nd Annual
Police Officers’ Ball
Saturday, June 13, 2009
at the
Ritz-Carlton, Palm Beach