Protecting You In This Tough Economy THE WPPA:

Transcription

Protecting You In This Tough Economy THE WPPA:
Wisconsin
Police Journal
JANUARY 2009
VOL. 77, NO. 1
THE OFFICIAL PUBLICATION OF THE WISCONSIN PROFESSIONAL POLICE ASSOCIATION
THE WPPA:
Protecting You In This Tough Economy
More Groups
Join the WPPA
p. 3
News About
Your Pension
p. 15
WPPA Wins
Overtime Dispute
p. 18
Wisconsin Professional
Police Association
OFFICERS
President – Dennis LeCaptain, Janesville
Vice President – James Schumitsch, West Allis
Treasurer – Mark Page, Marshfield
Secretary – Terri Smoczyk, Oneida County
DIRECTORS
Todd Ayers – Superior
John Baumgartner – Beloit
James Brigham – Dane County
Michael Chinander – Eau Claire
Kathy Dorn – Dane County
Michael Doud – Waukesha County
Keith Fabianski – Oneida County Non-Protective
Scott Favour – Madison
Timothy Fletcher – West Allis
Lisa Gerbig – Onalaska
John Hetland – Racine
Todd Hoover – Racine
Scott Jennings – Juneau County
Janet Klipp – Lake Delton
Susan Krause – Madison
Dale Marsolek – Arcadia
Nichelle Nelson – Waukesha
John Petersen – Kenosha
David Raddatz – Fond du Lac
Kevin Sorenson – Portage County
Daniel Turk – Dane County Sups.
Jeryl Vonderheid – Eau Claire
Jerold Vreeland – Retirees
Thomas Williams – Wausau
January 2009
TABLE OF CONTENTS
Messages From Officers
2
President’s Message
3
Executive Director’s Message
Columns, Directories, Reports, Updates
7
Attorney General’s Report
8
Legal Report
“Who pays the legal fees when a law enforcement officer is taken
to court?”
14
Dates to Remember
22
WPPA Services Awards Nomination Form
EXECUTIVE DIRECTOR
James L. Palmer, II
27
Retirees Corner
28
WPPA Scholarship Program
GENERAL OPERATIONS OFFICE
340 Coyier Lane, Madison, WI 53713
608-273-3840; 800-362-8838; 608-273-3904 Fax
Web Site: www.wppa.com
32
Daily Needs Directory
33
News from the Upper Peninsula
30
WPPA Member Legal Services Benefit
40
WPPA Clothing
Editor: Julie Neeley
Design/Layout: Melanie Yeazel, Graphically Speaking
Printing: Action Printing, Fond du Lac
CORRESPONDENCE
Address all magazine editorial correspondence to:
WPPA, 340 Coyier Lane, Madison, WI 53713.
POSTMASTER: send address changes to:
Wisconsin Police Journal
340 Coyier Lane, Madison, WI 53713
Features
ABOUT THE WISCONSIN POLICE JOURNAL
The WISCONSIN POLICE JOURNAL (ISSN 1086-5187)
Vol. 77, No. 1, is owned and published by the Wisconsin
Professional Police Association, 340 Coyier Lane,
Madison, WI 53713. The WISCONSIN POLICE JOURNAL
is published quarterly (January, April, July, and October)
and is circulated to dues-paying members of the
Wisconsin Professional Police Association. Members’
subscriptions are included in dues. For non-members,
the subscription price is $12 per year. Subscriptions
will be accepted only from bona fide law enforcement
officers and students enrolled in law enforcement.
COPYRIGHT & POSTAGE
Periodical Postage Paid at Madison, Wisconsin, and
additional mailing offices. Material contained herein
shall not be reproduced in any form without express
advanced written permission. Manuscripts and photos
will not be returned unless accompanied by an
addressed, stamped envelope.
Copyright© 2009 Wisconsin Professional Police Association
Vol. 77, No. 1
6
WPPA 77th Annual Convention
10
NAPO Update - Eric Holder to be Named U.S. Attorney General
11
What is the role of past practice in grievance arbitration?
15
WRS News
16
IRS Criminal Investigation - “Abusive Return Preparers”
18
WPPA Wins Overtime Dispute Arbitration in Florence County
20
Deputy Veto Says Thank You
21
A Pension Update for Public Safety Officers
24
2009 Bowling Tournament
34
Law Enforcement Torch Run® Honored at International Conference
35
LETR 2009 Polar Plunge
36
Fox Valley “Lock Up a Cop” for Special Olympics Wisconsin
37
Wisconsin’s Convoy the Largest Ever for Special Olympics Wisconsin
38
With Wings And A Halo Crime Prevention Fun’draising
39
Keeping Everyone You Know Safe...A KEYS Program for Kids
Vol. 77, No. 1
Wisconsin Police Journal -  PRESIDENT’S MESSAGE
Dennis J. LeCaptain
Our collective strength
and influence is enhanced
with each and every new
group. If you know of
Comments and letters can be sent to:
President Dennis LeCaptain
WPPA
340 Coyier Lane, Madison, WI 53713
or e-mail [email protected]
some association that could
benefit from the WPPA’s
services, feel free
to contact us.
Happy New Year! I hope you and yours had a safe and
enjoyable holiday season. I’m sure you
are all relieved that the elections are
over. I know I certainly am, even though
the WPPA Political Action Committee’s
endorsement picks were very successful.
2008 was a good year for the WPPA.
The labor relations personnel posted an
impressive record of arbitration victories
for our members and I’m confident that
they will continue that success next year.
It appears that 2009 will present all of
our members with quite a few challenges.
The sagging economy will stretch our
employers’ resources to the limit as
state and local governments will have to
consider several unpopular options, such
as major cuts in public services or tax
increases. As discussed in greater detail
elsewhere in this issue, the Wisconsin
Department of Employee Trust Funds will
be reducing the pensions of retirees for
the first time ever. This rough economy
will also provide a difficult environment
in which to bargain for higher salaries
and protect the level of health insurance
benefits we enjoy.
Despite this grim set of facts, the WPPA is
prepared to confront those challenges with
you. Executive Director Jim Palmer has
already met with Governor Doyle and other
state lawmakers to tout the importance of
- Wisconsin Police Journal
maintaining the aid the state provides to its
towns, villages, cities and counties. If this
funding is reduced, positions will get cut or
go unfilled, equipment will not get updated,
and our wages will suffer. The WPPA’s
legislative lobbying efforts have never been
more important.
On the bargaining front, our business
agents, arbitration consultants and legal
staff will also be working with your
associations to get you the best contracts
possible given the financial constraints
facing your employers. Your membership
in the WPPA is vital to protecting
and improving the wages and benefits
you deserve.
Fortunately, the WPPA continues to add
new local associations to our ranks, with
six new groups joining us in the last few
months alone. Our collective strength
and influence is enhanced with each and
every new group. If you know of some
association that could benefit from the
WPPA’s services, feel free to contact us.
Please take the time to read some of this
issue’s information about the WPPA’s
numerous social opportunities that take
place throughout the year. Open for all
WPPA members, our annual bowling
tournament, shooting competition, and golf
outing are outstanding events to share some
time and fun with your fellow members.
For more information about these events,
or to learn more about how the WPPA
is serving you, please check out our
website, which was recently updated,
at www.wppa.com.
In a somber closing, I’m sorry to have
to report the tragic loss of one of our
members, who along with her husband
and son, died in a fire at their Wautoma
home on December 5.
Killed in the blaze were Peggy Baneck, 47,
a seven-year dispatcher for the Waushara
County Sheriff’s Department; her husband,
Larry, 53, a Wautoma area farmer and truck
driver, and their son, Charlie, 17, a student
at Wautoma High School.
The Baneck’s other son, Anthony, 22,
was treated for burns and released. Their
16-year-old daughter, Katie, a student
at Wautoma High School, was flown to
Children’s Hospital in Milwaukee. As of
this printing, Katie’s condition was reported
as improving, though her hospital stay is
expected to be a lengthy one.
I ask all WPPA members to join me in
mourning this tragic loss and that we
keep the Baneck family in our thoughts
and prayers.
January, 2009
 EXECUTIVE DIRECTOR’S MESSAGE
James Palmer
Our reputation of
service is second to none,
and we are pleased
that more and more
Comments and letters can be sent to:
Executive Director James Palmer
WPPA
340 Coyier Lane, Madison, WI 53713
or e-mail [email protected]
New Members
The WPPA continues to welcome new
local associations into its membership.
Most recently, the police officers in
Barron and Richland Center joined the
WPPA from AFSCME, along with the
dispatchers in Muskego. Also, the correctional officers in Forest County and
the dispatchers in Menominee County
joined the WPPA from LAW and the
supervisors in Dane County voted
to move from fraternal status to full
service. As Wisconsin’s largest public
safety labor organization, the WPPA
represents its members’ interests at the
bargaining table, in the workplace, before
the State Supreme Court and in the state
legislature. Our reputation of service is
second to none, and we are pleased that
more and more groups are coming to
appreciate all that the WPPA has to offer.
Stevens Point Critical
Incident
You may recall reading in our last issue
about a business agent from another union
calling the WPPA hotline for help during
an officer-involved shooting in Park Falls.
Another recent event again highlights the
value of the WPPA’s ability to swiftly respond to critical incidents.
In November, a 14-year veteran of the
Stevens Point Police Department shot
and killed a suspect after an altercation.
As reported in a local newspaper, the
officer was responding to the report of a
stolen vehicle when the suspect fled on
foot. Both a Taser and chemical spray
were used in an attempt to subdue the
suspect. A scuffle ensued before the
officer fired his weapon.
The WPPA is the only labor organization in Wisconsin
that maintains an answering service 24 hours a day,
seven days a week. We are the help you need, when you need it,
whether it’s a business agent or an attorney. Few ever anticipate
an event like this happening to them, and WPPA membership is the
best insurance policy we hope you will never need.
groups are coming to
appreciate all that the
WPPA has to offer.
Our thoughts and prayers are certainly
with this officer and his family. As anyone
that has ever been involved in a critical
incident will tell you, this is a very traumatic experience and an event in which
you need the immediate support and
protection of your union. Unfortunately
for this officer, it has been reported to me
that his union representative, Teamsters
Local No. 695, took more than a week
to return the call he made immediately
following the shooting. This was especially disappointing given the fact that
the Teamsters office is only four blocks
from the Stevens Point Police Department! Ask any WPPA member who has
been involved in a critical incident, and
they will tell you that this kind of situation requires a swift response, regardless
of the time of day or night. The WPPA is
the only labor organization in Wisconsin that maintains an answering service
24 hours a day, seven days a week. We
are the help you need, when you need it,
whether it’s a business agent or an attorney. Few ever anticipate an event like this
happening to them, and WPPA membership is the best insurance policy we hope
you will never need.
State Legislative Election
Recap
Prior to the election on November 4, the
Democrats controlled the State Senate
➝
Vol. 77, No. 1
Wisconsin Police Journal -  EXECUTIVE DIRECTOR’S MESSAGE
WPPA Executive Director Jim Palmer and Governor Doyle met recently to discuss the challenges that the State’s economy is presenting
to the WPPA membership.
Given this terribly challenging economic
environment, the relationships the WPPA has forged
with state lawmakers will be more critical than ever
to protect our members’ interests.
and the Republicans controlled the State
Assembly. Democratic Governor Jim
Doyle and Republican Attorney General
JB Van Hollen were not up for reelection
this cycle. Half of the 33 seats in the Senate
and all 99 seats in the State Assembly were
up for election this fall, as they are every
two years.
The public desire for change that helped
Barack Obama win the White House
carried over into Wisconsin’s legislative
races. The balance of power has shifted to
the Democrats, who assumed a majority in
- Wisconsin Police Journal
January, 2009
 EXECUTIVE DIRECTOR’S MESSAGE
Governor Doyle has already indicated that public safety is
one of his most important priorities, and that he intends to
maintain the aid the state provides to local units of
government for this purpose. The WPPA will work with
the legislature, not only to proect this vital funding, but to
defend your retirement benefits as well.
the State Assembly for the first time since
1986. The Democrats maintained their
majority in the State Senate.
The WPPA Political Action Committee
(PAC) endorsed candidates using its legislative report cards and candidate questionnaires, and then actively supported several endorsed candidates from both parties.
Notably, the PAC ran radio, newspaper,
and billboard advertisements to support
State Representatives Garey Bies (R),
Don Friske (R), and Ann Hraychuck (D).
The PAC also supported newcomers Jim
Holperin (D) for the Senate, and Trish
O’Neil (D) and Chris Danou (D) for the
Assembly. With the exception of O’Neil,
who lost by a mere 23 votes, all of the
candidates for whom the WPPA ran ads
won their election bids. The WPPA is
especially pleased with Chris Danou’s
victory. Currently the president of the
Onalaska Professional Police Association, Chris will make an outstanding
addition to the legislature and should
be a leader on the issues that matter to
our membership.
State Budget Deficit and
Reduced Pension Payments
on the Horizon
Governor Jim Doyle announced in
November that the state government
faces a budget deficit of nearly $5.4 billion through mid-2011. Doyle will take
immediate steps to start to shore up the budget by selling 500 vehicles, leaving 2,800
jobs vacant and not filling 700 openings
expected through retirements and other
attrition, ending the practice of giving
some workers bonuses, and canceling
up to $30 million in grants.
Composed of retirees from state and local
agencies, the WCOA monitors the activities of the State of Wisconsin Investment
Board and the Department of Employee
Trust Funds. In November, I was elected
the chair of the WCOA’s board of directors. This position should be helpful in
keeping us in closer contact with these
two agencies and in our efforts to protect
and enhance the retirement fund’s benefits
for our members.
Given this terribly challenging economic
environment, the relationships the
WPPA has forged with state lawmakers will be more critical than ever to
protect our members’ interests. Governor
Doyle has already indicated that public safety is one of his most important
priorities, and that he intends to
maintain the aid the state provides to
local units of government for this purpose.
The WPPA will work with the legislature, not only to proect this vital funding,
but to defend your retirement benefits
as well.
Making matters worse, the ill winds on
Wall Street have swept away more than
one-quarter of the value of the state’s
core pension fund this year, and the
Department of Employee Trust Funds
will be reducing pension payments
to more than 150,000 state and local
government retirees.
For more information on our legislative
priorities, please check us out on the web at
www.wppa.com. If you or anyone in your
association would like to discuss any
legislative matters, please do not hesitate
to contact us. As long as we work together we can achieve changes that benefit
all our members.
As some of you may know, the WPPA has
been a member of the Wisconsin Coalition
of Annuitants (WCOA) for many years.
Stay safe, stay informed and stay
in touch.
Check out our new and improved website at:
www.wppa.com
Vol. 77, No. 1
➝
Wisconsin Police Journal - Save the Date!
WPPA’s 77th Annual Convention
May 30 - June 1, 2009
Kalahari Resort & Convention Center, WI Dells
P
Plans are underway for the WPPA’s 77th Annual Convention, which will be held
May 30 – June 1, 2009 at the Kalahari Waterpark Resort and Convention Center in
Wisconsin Dells.
Who Should Attend?
All WPPA members should attend the annual
meeting of the Association; you do not have to
be a member of your local association’s board of
directors. The WPPA is YOUR union! If you are a
member of the WPPA, plan now to attend the 77th
Annual Convention, and:
• Network with your fellow WPPA members.
• Attend workshops that will energize your local
association and prepare you for a leadership role.
• Find out what your State Association does
for you.
• Voice your opinions and become involved in your
State Association’s activities.
• Find out what issues are affecting you and
your job.
• Find out how you can better prepare your local
association for future negotiations and grievance
handling.
• Become acquainted with your State Association’s
legislative issues and how you can become
politically involved.
• Meet the WPPA’s Directors and staff.
• Support your State Association!
Kalahari Waterpark Resort &
Convention Center
The Kalahari is the largest hotel/resort in the
state of Wisconsin. To reserve your room for the
WPPA’s 77th Annual Convention, call the Kalahari
at 877-253-5466 or 608-254-5466 and request the
group rate for the Wisconsin Professional Police
Association. Room rates are $109 per night for up
to four people per room, for Friday and Saturday
nights and to encourage you to stay, the Sunday
night rate is $89. A deposit of one night plus tax is
required at the time the reservation is made.
PLEASE NOTE
The negotiated room rates are ONLY for WPPA
Convention attendees. If you do not register to
attend the WPPA’s 77th Annual Convention, you
will be charged the going rate – and NOT the
WPPA rate.
- Wisconsin Police Journal
January, 2009
ATTORNEY GENERAL’S REPORT
W
hen I became Attorney
General on January
1, 2007, I made it a priority
to put law enforcement
and public safety first at
the Department of Justice.
I strongly believe that the
Department of Justice exists to
assist local law enforcement.
Thus, it has been my focus to
find ways that the Department
of Justice, through its
resources, can help local law
enforcement better do its
job, and how I, as Attorney
General, can use my office to
help enhance awareness of the
public safety issues facing
the state.
Through the Department
of Justice’s operations, we
assist local law enforcement
in a variety of ways,
including Crime Lab analysis
and assisting in criminal
investigations. But our
support to law enforcement
and public safety is more than
programmatic. As Attorney
General, I am in a unique
position to use my office
to advocate for legislative
initiatives that will support
law enforcement and enhance
public safety. Under my
direction, the Department
of Justice’s work in the
legislative arena includes
proposing new public safety
initiatives, enhancing or
clarifying existing law to
benefit the administration
of criminal justice, and
working to modify or
oppose measures that may
interfere with legitimate law
enforcement practices.
During the past year we’ve
accomplished much working
together. Even before I
became Attorney General, I
knew that there was nothing
more I could do to promote
public safety and support local
law enforcement than getting
rid of the enormous DNA
backlog at Wisconsin’s Crime
Laboratory. When I took
office, cases were coming
in twice as fast as they were
being worked. The math didn’t
add up – the impact was that
cases that could be solved
with modern technology
remained unsolved.
Today, I’m here to tell you
that by working together we
have now successfully cut the
backlog in half. The Crime
Labs set new records this year
for numbers of DNA hits and
numbers of cases processed
in a month.
Working together we have
also achieved much in the
fight against those who target
our children on-line. This year
marks the 10th anniversary of
the founding of the Wisconsin
Department of Justice Internet
Crimes Against Children
(ICAC) Task Force. In the
past decade, Wisconsin’s
ICAC Task Force and affiliate
agencies have arrested
540 suspects, executed
647 search warrants, and
rescued countless numbers
of children throughout the
J.B. VAN HOLLEN
ATTORNEY GENERAL
state. The number of local law
enforcement partners to the
Department of Justice’s ICAC
Task Force has more than
doubled to 64 in the past year.
In addition, we’ve had
tremendous success with
our partnership with U.S.
Immigration and Customs
Enforcement (ICE) and
our work with Operation
Community Shield
– an initiative in which
ICE partners with other
federal, state and local
law enforcement agencies
to address the significant
public safety threat posed by
transnational street gangs.
I look forward to hearing from
you and working together to
continue to improve public
safety in Wisconsin.
Even before I became Attorney General, I knew that there was nothing more I could do to promote
public safety and support local law enforcement than getting rid of the enormous DNA backlog at
Wisconsin’s Crime Laboratory. When I took office, cases were coming in twice as fast as they were
being worked. The math didn’t add up – the impact was that cases that could be solved with modern
technology remained unsolved.
Vol. 77, No. 1
Wisconsin Police Journal - LEGAL REPORT
Who Pays the Legal Fees When a Law Enforcement
Officer is Taken to Court?
A
law enforcement officer
may be taken to court
for a variety of duty-related
conduct. Court cases can
be long, drawn out, and
expensive. A central question
is: who should be required
to pay when you are taken
to court for doing your job?
Your employer should be
required to pay, but it is not
that simple. This article will
address the law and some
recent changes and illustrate
some practical problems.
The Law
Court cases against law
enforcement officers acting
in their official capacity can
be divided into two broad
categories — civil and
criminal. Similarly, there
are two statutory provisions
regarding payment of fees.
Wisconsin Statute § 895.46
addresses claims against
officers in civil court. The
statute requires state and
local governments to pay
judgments taken against
their officers because of acts
committed while carrying
out duties within the scope
of employment. The statute
reads, in part, “Regardless
of the results of the litigation
the governmental unit, if it
does not provide legal
counsel to the defendant
officer or employee, shall
pay reasonable attorney fees
and costs of defending the
action, unless it is found
by the court or jury that the
defendant officer or employee
did not act within the scope
of employment.”
Wisconsin Statute § 895.35
states that governmental
body may pay the reasonable
expenses that an officer
expends defending against
charges of any kind growing
out of the performance of
official duties if the matter
is determined favorably to
the officer. This statutory
section was amended in 2005
to require that the employer
“shall reimburse a protective
services officer for reasonable
attorneys fees incurred by the
officer in connection with a
The statute reads, in part, “Regardless of the results
of the litigation the governmental unit, if it does not
provide legal counsel to the defendant officer or
employee, shall pay reasonable attorney fees and
costs of defending the action, unless it is found by the
court or jury that the defendant officer or employee
did not act within the scope of employment.”
- Wisconsin Police Journal
criminal proceeding arising
from the officer’s conduct in
the performance of official
duties unless, in relation
to that conduct, any of the
following applies:
a.The officer is convicted
of a crime.
b.The officer’s employment
is terminated for cause.
c.The officer resigns
for reasons other than
retirement before the
attorney fees are incurred.
d.The officer is demoted or
reduced in rank.
e.The officer is suspended
without pay for 10 or more
working days.”
The amendment is a
substantial improvement in
the statute because it requires,
rather than permits, the
employer to pay attorneys fees
under certain circumstances.
The Wisconsin Professional
Police Association pressed
hard for the amendment.
Practical Problems
It would seem like the
situation is straight forward
— there are two statutes
which make it pretty clear that
the employer should pay an
officer’s attorney’s fees if he/
she is taken to court for duty
related conduct. It should be
straight forward, but it is not.
Jordan Loeb, Cullen
Weston Pines & Bach, LLP
Civil cases do not typically
present a problem when an
officer is sued in his/her
official capacity. It is common
for the employer to be named
in the lawsuit along with the
officer as a co-defendant in
civil cases. For example, if
an officer causes a traffic
accident, the injured party is
likely to sue the employer.
The plaintiff will allege that
the officer was acting in
his/her official capacity as
an agent for the municipality
or county and, therefore, the
employer is liable. In most
cases, if not all, the employer
will provide representation
out of self interest. The
employer is liable to pay for
damages and it is in their
interest to make sure the
case is well defended.
The employer is unlikely to
provide legal representation
if there is a question
about whether the conduct
was within the scope of
employment or if the
employer has an interest in
the matter being resolved
against the officer. When
the employer declines to
provide representation, the
officer must hire and pay for
January, 2009
LEGAL REPORT CONTINUED
his/her own attorney. After
all the issues in the case have
been resolved, the officer is
then left with the burden of
getting reimbursed. Cases
can take many months and
tens of thousands of dollars in
legal fees before resolution.
The officer is forced to
come up with the money at
the start of the case. Most
people do not have this type
of cash available in their
savings account. People
who find themselves in
need of representation have
to take extraordinary steps
to raise funds — a second
mortgage, withdraw from a
retirement account; borrow
from relatives, to name a few
possibilities.
Two recent cases illustrate
the point. In both, the officer
contacted his local association
for assistance, and the cases
were referred to Cullen
Weston Pines and Bach for
representation. In the interest
of full disclosure, I should
indicate that I was the attorney
of record.
In the first case, a police
officer was issued a citation
for a traffic accident. The
incident underlying the
citation occurred during the
officer’s work hours and
involved actions which were
within the course of his
employment.
The officer, with the help
of his local association,
tendered his legal defense to
the City, which declined to
Vol. 77, No. 1
represent him. The officer,
with some help from his local
association, hired private legal
counsel to represent him. The
case was tried and the court
dismissed the citation. The
officer submitted a request
asking the City to pay the
legal fees he incurred in the
defense of the citation. The
City declined to pay, citing a
provision within the collective
bargaining agreement.
A deputy sheriff was charged
with Homicide by Negligent
Operation of a Motor Vehicle
after fatal collision while
responding to an emergency
call. As with all criminal
defendants, the deputy was
suddenly faced with having
to raise the funds to defend
himself. The possibility that
the County may pay the
expenses for his defense was
hardly a consolation.
Any officer in this
situation should first
immediately reach
out to the WPPA
for assistance. The
WPPA can contact
the appropriate
governmental body to
request representation
for the officer or if
necessary, refer the
officer to independent
legal counsel.
The deputy retained Cullen
Weston Pines & Bach, LLP,
with the help of his local
deputy sheriffs’ association.
We conducted a thorough,
independent investigation
and developed considerable
evidence that contradicted
the District Attorney’s theory
of prosecution. This process
was time consuming and
expensive. Two weeks
before the trial, the District
Attorney agreed to dismiss
the criminal charge and issue
traffic citations.
The matter was then sent to
arbitration. The arbitrator
concluded that the officer
has an individual right under
Wis. Stat. § 895.46 to pursue
reimbursement of his legal
fees through the courts, but
not in arbitration. Even after
winning his traffic case,
the officer was left with
the decision whether
or not to sue his employer
for reimbursement of his
legal fees.
The statute, Wis. Stat. §
895.35, is an all or nothing
venture in terms of getting
reimbursed for legal fees.
Most cases are resolved
by plea agreement to a
lesser charge. Often times
a plea agreement is in the
defendant’s best interest
because it controls the
outcome; jury trials are risky.
This creates a predicament.
The officer must decide
between a good negotiated
settlement, but pay his own
fees or push the matter to trial.
Proceeding to trial guarantees
The second case was recently
discussed in this publication.
even more fees, but does not
guarantee an acquittal. Even
the best case is not a slam
dunk at trial.
The statutes providing
for coverage of legal fees
are good, but they do not
provide enough security
for an officer facing a legal
proceeding. Even in light of
these statutes, the officer must
still raise funds for his/her
own representation. Financial
concerns can motivate an
officer to resolve a case
quickly to avoid racking up
legal fees. Some choose to
keep the expense of legal
representation to a minimum
rather than to fully litigate a
matter and risk not getting
reimbursed.
The good news is that there
is help available to law
enforcement personnel facing
court action arising from
conduct in the line of duty.
Any officer in this situation
should first immediately
reach out to the WPPA for
assistance. The WPPA can
contact the appropriate
governmental body to request
representation for the officer
or if necessary, refer the
officer to independent legal
counsel. Any member of
the WPPA can contact this
firm for a free half hour
consultation on any subject.
The value of being familiar
with these laws and the
resources available to you
as a WPPA member is of
paramount importance.
Wisconsin Police Journal - Eric Holder to be Named
U.S. Attorney General
O
On November 18, 2008, President-elect Barack Obama offered Eric H. Holder, Jr. the job
of U.S. Attorney General. As the top law enforcement official in the nation, the Attorney
General sets the policies for how the federal government relates to and works with state
and local law enforcement. Eric Holder has the experience and knowledge necessary to
run the Department of Justice and create a comprehensive, multilateral national crime
fighting strategy.
Eric Holder started his career as a prosecutor before
moving on to be a Superior Court judge and then
U.S. Attorney in Washington, D.C. While he was
U.S. Attorney in D.C., he fought hard for mandatory
minimum sentences and harsher punishments for
drug offenses. The time he spent in D.C. also made
Holder a champion of community policing. He
recognized the importance of communities trusting their police and worked with the D.C. Metropolitan Police Department to improve their standing
within the community. Additionally, Holder took
community policing to a new level in the District,
As Attorney General, we believe Eric Holder will make
the Justice Department more efficient and effective,
particularly in regards to programs that aim to help states
and localities fight crime. State and local law enforcement
will once again be regarded as a vital part of the national
crime-fighting strategy and will be given the tools and
resources necessary to protect our neighborhoods
from crime.
10 - Wisconsin Police Journal
assigning prosecutors to “beats” in order that they
might better know the communities they served.
He took his strong belief in the value of community
policing with him when he was a Deputy U.S. Attorney
General, from 1997-2001. He was a key player in
developing the Community Oriented Policing Services (COPS) program established by the 1994 Crime
Bill, which put over 100,000 cops on the street.
As Attorney General, we believe Eric Holder will
make the Justice Department more efficient and
effective, particularly in regards to programs that
aim to help states and localities fight crime. State and
local law enforcement will once again be regarded
as a vital part of the national crime-fighting strategy
and will be given the tools and resources necessary
to protect our neighborhoods from crime. NAPO
looks forward to working with Eric Holder as
Attorney General to support the interests of
America’s law enforcement officers and the communities they serve.
NAPO is working closely with President-elect
Obama’s transition team in shaping the new
administration to ensure that the needs of the law
enforcement community are met.
January, 2009
What is the role of past practice
in grievance arbitration?
W
What exactly is a past practice?
Oftentimes our members are presented with an order or policy from their chief or
sheriff that makes changes to subjects that are covered under the collective bargaining
agreement. The typical reaction from our membership is “Hey wait a minute, we’ve
done it the old way for years, its past practice and they just can’t change it!” While
in many cases that is true, when determining the meaning of the language of the
contract, dissecting the past practice can be the key to understanding whether or not the
employer’s actions are appropriate.
The term “past practice” has a very specific meaning
in labor relations. In the labor relations context; past
practice is only one piece of the overall puzzle of understanding contract language. As such, it can never
be relied on solely as a basis for a grievance.
by Roger W. Palek,
WPPA Staff Attorney
Vol. 77, No. 1
biguous provision in the contract becomes the
definitive interpretation for that contract period
until there is a mutual agreement on rewriting
the contract, or;
•
Past practice is not a cure for ineffectual or nonexistent collective bargaining, but it is an aid to interpretation. Any rights that our members have that
have not been conferred through a state or local constitution or statute, must be affirmatively bargained.
They are never obtained through the magic of
past practice.
No contract language exists but a practice has
been tacitly relied on by the parties. This type
of practice is fully limited but nearly every contract will have some form of it. In this circumstance, if the practice exists wholly apart from
any language in the contract it cannot be modified unilaterally or terminated during the term
of the contract. The employer can end this type
of practice by announcing its intention to do so
at the expiration of the contract. It would then
need to be bargained into the new contract.
If a grievance is filed and the parties are proceeding
to arbitration, the use of past practice as an aid to
contract language interpretation may come into play.
In order to use it for interpretation one of the following two circumstances must exist:
Further requirements for both circumstances include
that the past practice must be:
•
•
The contract language is either unclear, or leaves
gaps in its application. This is the most common
situation where past practice is helpful. In this
context, when the past practice is defining ambiguous language, it may actually be considered
part of the contract and thus cannot be ended by
the unilateral action of the employer. In other
words, a practice that serves to clarify an am-
Mutually acknowledged by both parties. Mutuality is just another way of saying that the parties had a “meeting of the minds” on the subject matter of the past practice. With a meeting
of the minds both parties understand that this
practice is implementing the contract language
in the manner in which they intended. This
intent is shown by a particular conversation or
➝
Wisconsin Police Journal - 11
documentation that took place either in negotiations or at a subsequent point in time. A meeting
of the mind does not occur if there has been no
discussion or a knowledgeable affirmation of
the practice by the parties.
•
Long-standing in duration (unless the contract
language is brand new it is best to use around
five years as a minimum rule of thumb).
•
Consistent in its application and free of
exceptions. (If exceptions do exist they must be
explicitly and logically explained in a manner
that effectively removes them from inclusion in
the normal past practice.)
If any of these three factors are missing, the past
practice is not available as an aid to contract interpretation. In that situation, if no other interpretive
aid is available (such as bargaining history) then a
grievance would probably not be a viable option and
the association must address the issue through negotiations.
A practical checklist for evaluating
the viability of a grievance that includes
a past practice
Prior to reviewing a past practice for a potential
grievance, the association leadership and its business agent must first determine whether the language
is ambiguous. If the language is clear, past practice
is irrelevant. In that circumstance the language will
decide the issue and a grievance should not proceed.
A past practice that is contrary to clear contract
language cannot override the clear language.
If contract language is either unclear or doesn’t
actually exist, the viability of a grievance should be
evaluated using the following factors:
•
What is the evidence? Review what evidence is
available to the association. Who will be testifying? Will it be: 1) a negotiator with knowledge
of table discussions and bargaining proposals,
or 2) someone who is merely testifying about
the length and frequency of the practice? If
the evidence that is available is merely about
the length and frequency of the practice, it
has some, but very little value. Negotiators
who testify with his or her negotiation notes
about the topic always provide the most valuable evidence.
•
How long has the practice been in place?
Unless the contract language is brand new, do
not even consider arguing practices of less than
five years in duration.
•
How frequent has the practice occurred in the
past? Although one act can constitute a past
practice, our past practice argument will be
ineffective unless there is clear testimony that
due to the nature of the issue, more than one
“incident” occurring in the past was unlikely.
•
What is the consistency of the practice?
Consistent means consistent. If there are any
exceptions to the practice, there must be testimony that can logically explain it away. Inconsistent
or contradictory evidence of a past practice will
likely cause the arbitrator to jettison any use of
the past practice as an interpretive guide.
•
Does the past practice grant a benefit that is not
actually described anywhere in the contract, or
is it being used to interpret a specific contract
provision? Arbitrators are reluctant to grant a
monitory benefit purely out of past practice, or
a benefit that is typically found within most
contracts. For example seniority is almost
exclusively a creature of contract. To create
a “right” of seniority out of a past practice is
something that an arbitrator will likely not
easily entertain.
•
Does the past practice infringe on a specific
management right such as assignment? Absent
specific language, arbitrators are very reluctant
If the language is clear, past practice is irrelevant.
In that circumstance the language will decide the issue
and a grievance should not proceed. A past practice
that is contrary to clear contract language cannot
override the clear language.
12 - Wisconsin Police Journal
January, 2009
to use past practice to limit management rights.
The failure of an employer to exercise a particular management right over the years does not
create a past practice that prevents the future
exercise of that right.
•
What is the evidence that we have of mutual
acknowledgement? What are the circumstances
under which the association and employer have
gained knowledge of the practice? We must be
able to provide evidence of the genesis of the
practice and each incidence of the practice that
has occurred.
•
Did a clerical employee make a mistake that created the past practice? An unintentional mistake
by a low level employee cannot be bootstrapped
into a binding past practice.
•
Does the contract contain language that limits the arbitrator solely to interpretation of the
contract language? Such language can raise the
issue of substantive arbitrability for grievances
that are grounded in past practice and no language exists within the contract.
•
Does the contract contain a “zipper” clause?
A zipper clause is a contract provision favored
by employers and if present will usually be given full effect by an arbitrator. A zipper clause
effectively “zips up the contract” to any interpretation by an arbitrator outside the actual contract language. This effectively excludes any
past practices from binding an employer.
•
Is the grievance timely? If the union has allowed
It is important to understand that a grievance is not
necessarily the best solution to all disagreements.
Preventing the acceptance of a negative past practice
does not require that a grievance be filed in
every situation.
a “negative” past practice to take place without
reserving its right to grieve at each occurrence,
then a grievance at a point in time other than at
the first incident would probably be untimely.
There are no magical answers on this checklist. If
after careful evaluation the facts are not in our favor,
a grievance may not be an appropriate action. Identifying the issue for resolution in the next negotiations
may be the approach that has the greatest chance for
long-term success. The sole purpose of filing grievances and proceeding to arbitration is to enforce the
terms of a collective bargaining agreement. It is not
to create the agreement; that is done only through
the negotiation process.
The “negative” past practice
While a negative past practice is really no different than any other past practice, it is often labeled
as “negative” because it is not helpful to the association and is created through association inaction
rather than any affirmative steps. A “negative” past
practice exists when an employer interprets contract
language in a manner that conflicts with the interpretation of the association and the association takes
no action to dispute it. The inaction of the association has to be a knowing on the part of association
representatives. If an association representative is
aware, or should have been aware, of the actions of
the employer then the knowledge will be imputed
to the association as a whole. It is important to understand that a grievance is not necessarily the best
solution to all disagreements. There may be a variety
of strategic reasons why the association may not file
a grievance when a negative past practice begins, although minimally some action should be undertaken
to protect the association in the future.
Preventing the acceptance of a negative past practice
does not require that a grievance be filed in every
situation. A simple letter to the employer identifying
and rejecting the past practice and reserving the right
to file a grievance in the future will be sufficient to
eliminate the binding effect of a negative past practice. That may be the best solution if timeliness is a
factor or if the issue is minor or if the overall evidence is not in our favor. The letter preserves the
opportunity to resolve the issue in the future under
terms more favorable to the association.
➝
Vol. 77, No. 1
Wisconsin Police Journal - 13
However, prior to filing a grievance
that relies primarily or exclusively
on past practice, each practice must
be assessed under the factors in the
checklist to determine whether it
adds any value to our grievance,
or in cases of a negative past
practice, it actually works against
us. Remember that past practice is
only one piece of the puzzle that
an arbitrator uses to ultimately
determine the interpretation of the
collective bargaining agreement.
Conclusion
The establishment of a past practice in the application of a collective bargaining
agreement is a normal part of the collective bargaining relationship between an
employer and the association. It occurs for the most part because it is unreasonable to expect that any contract could anticipate and address every possible
situation. However, prior to filing a grievance that relies primarily or
exclusively on past practice, each practice must be assessed under the factors
in the checklist to determine whether it adds any value to our grievance, or in
cases of a negative past practice, it actually works against us. Remember that
past practice is only one piece of the puzzle that an arbitrator uses to ultimately
determine the interpretation of the collective bargaining agreement.
Perhaps it is more important to remember that while every contractual
dispute should always be an opportunity for dialogue (regardless of the
expected or actual futility of such a dialogue) between the parties, it is not
necessarily an opportunity for a grievance, particularly one that is
grounded predominantly in, or relies solely on a past practice. A careful
analysis of understanding of the details of a past practice is the key to
recognizing its proper role in the grievance process.
Dates to Remember...
January 5................................................................................................... Deadline for WPPA Service Awards Nominations
February 2........................................................................................................Deadline for WPPA Scholarship Applications
Law Enforcement Torch Run® Volunteer of the Year Award Nominations
March 21–22....................................................................................................Bowling Tournament, hosted by Clark County
April 12–18................................................................................................ National Public Safety Telecommunicators Week
May 8.......................................................................... WPPA-Sponsored Law Enforcement Breakfast, Olin Park, Madison
May 8................................................................................ Wisconsin Law Enforcement Memorial Ceremony, State Capitol
May 10–16................................................................................................................................................ National Police Week
May 30–June 1............................................................. The WPPA’s Annual Convention, Kalahari Resort, Wisconsin Dells
June 3–4........................................................................................................................................ Law Enforcement Torch Run®
June 4–6................................................................................... Special Olympics Wisconsin Summer Games, Stevens Point
August 10.......................................................................................................................Golf Tournament, hosted by Janesville
September 8................................................................................................. 9th Annual Baribeau Golf Scramble, Rice Lake
Please Note: In observance of national holidays, all WPPA Offices will be closed on the following dates:
January 1; May 25; July 4; September 7; November 26–27; December 24–25
If you have an emergency, please call 608.273.3840 (local or toll-free, 1.800.362.8838 and tell the operator
that you need to be called immediately.
14 - Wisconsin Police Journal
January, 2009
WRS News
Dear Members and Employers of the
Wisconsin Retirement System:
omy. The national
t developments in financial markets and the econ
recen
rding
rega
lines
head
of
tage
shor
no
is
e
Ther
rd (SWIB), which
ng times. The State of Wisconsin Investment Boa
and global economies are experiencing challengi
(ETF), which
s, and the Department of Employee Trust Funds
asset
S)
(WR
m
Syste
nt
reme
Reti
onsin
Wisc
sts
inve
t the financial
y participants who are naturally concerned abou
administers WRS benefits, has heard from man
health of the WRS and security of their benefits.
de retirement benefits
the WRS is, and will remain, solvent and able to provi
that
you
e
assur
to
want
we
,
time
rtain
unce
this
In
omic times, but it
not only helps the WRS withstand challenging econ
long into the future. SWIB’s long-term investment focus
WRS assets, however,
tment strategies during periods of market volatility.
inves
ge
chan
to
d
force
not
is
B
SWI
that
s
mean
also
stock markets have experienced this year.
are not entirely immune from the volatility that the
estate, etc. This
in various types of investments - stocks, bonds, real
sified
diver
dly
broa
are
d
Fun
Core
the
in
ts
Asse
an all-stock fund
t of stock market swings. The Variable Fund is
helps to protect the Core Fund from the full effec
et fluctuations.
and, as such, is not as well protected from mark
employers. In good
losses are shared between WRS participants and
As you know, trust fund investment gains and
contribution
, employee accounts receive interest, and employer
ased
incre
are
fits
bene
e
retire
s,
ition
cond
et
mark
can shrink, and
retiree benefits can go down, employee accounts
rates fall. Conversely, in bad market conditions,
known until after
final 2008 investment performance will not be
ough
Alth
ase.
incre
can
rates
tion
ribu
cont
loyer
emp
S investments could be significant.
December 31, it is possible that a decrease in WR
able and Core
es should be prepared for a reduction in their Vari
retire
ase,
decre
t
fican
signi
a
with
ends
year
the
If
lized annuity
Fund annuity can never be reduced below the fina
Fund annuities. Remember: by law, a retiree’s Core
or
and/ losses) over
we spread Core Fund investment returns (gains
use
Beca
t.
men
retire
at
ved
recei
he
he/s
unt
amo
annuities. Smoothing
, the WRS has never had to reduce Core Fund
a five-year period to reduce the Fund’s volatility
this year.
will help cushion the impact of market declines
es should be
nes, and if market conditions do not improve, retire
However, because of the size of recent market decli
to see increases in
ities next spring. Employers should also prepare
annu
d
Fun
Core
in
ction
redu
some
for
ared
prep
contribution rates in the future.
dic updates through
extraordinary times and provide you with perio
these
ng
duri
ant
vigil
stay
will
ETF
and
B
SWI
.state.wi.us and
the meantime, please visit us online at www.swib
our respective internet sites and newsletters. In
www.etf.wi.gov for more information.
Vol. 77, No. 1
Sincerely,
onsin Investment Board
Keith Bozarth, Executive Director, State of Wisc
loyee Trust Funds
David A. Stella, Secretary, Department of Emp
Wisconsin Police Journal - 15
Abusive Return Preparers
Not the Majority,
but They are Out There
T
The information you put into the hands of a tax return preparer is personal. There is an
expectation that the private financial information turned over for preparation of your
individual tax returns is kept confidential and is used appropriately to prepare an accurate
tax return. While this is the case in the vast majority of cases, and most tax preparers
are honest and diligent about the way they do business, there are those that are not. And
those are the ones to watch out for.
by Special Agent
Janet Oakes, Public
Information Officer
IRS Criminal Investigation,
St. Paul Field Office
The IRS Criminal Investigation Return Preparer
Program (RPP) was implemented in 1996, and
established procedures to reinforce tax compliance
by identifying, investigating and prosecuting abusive
return preparers. The program was developed to
enhance compliance in the return-preparer community
by engaging in enforcement actions and/or asserting
appropriate civil penalties against unscrupulous or
incompetent return preparers. This is a significant
problem for both the IRS and the taxpaying public.
Abusive return preparers frequently prepare bad
returns for large numbers of taxpayers who, at best,
are stuck with paying additional taxes and interest
and at worse, depending on culpability, are subject
to penalties and maybe even criminal prosecution.
A “return preparer” is defined as “any person
(including a partnership or corporation) who
prepares for compensation all or a substantial portion
of a tax return or claim for refund” under the income
tax provisions of the Internal Revenue Code. To
best protect personal information, taxpayers should
be very careful when choosing a return preparer.
While most preparers provide excellent service to
their clients, a few unscrupulous return preparers
file false and fraudulent tax returns and ultimately
16 - Wisconsin Police Journal
defraud their clients. It is important to know that
even if someone else prepares your return, you are
ultimately responsible for all the information on the
tax return.
Dishonest return preparers use a variety of methods
to formulate fraudulent and illegal deductions for
reducing taxable income. These include, but are not
limited to, the following:
•
Preparing fraudulent Schedule C, Profit or Loss
from Business, claiming deductions for expenses
that have not been paid by the taxpayer to offset
Form 1099, Miscellaneous Income, or income
earned from outside employment,
•
Including false and inflated itemized deductions
on Schedule A, Itemized Deductions, for:
o charitable contributions;
o medical and dental expenses;
o Claiming false Schedule E, Supplemental
Income and Loss, losses;
o Claiming false dependents.
January, 2009
The preparers’ clients may or may not have
knowledge of the false expenses, deductions,
exemptions and/or credits shown on their
tax returns.
The advent of electronic filing of income tax returns
and the availability of Refund Anticipation Loans
(RAL) has provided additional means for abusive
preparers to commit fraud.
Criminal Investigation, since 1977, has been
screening suspected fraudulent returns. This is
done by the Criminal Investigation Fraud Detection
Centers (FDC) at the IRS campuses where tax
returns are filed. The purpose of the FDC is to detect
refund fraud and return preparer schemes and refer
them to the Criminal Investigation field offices for
further investigation.
Helpful hints when choosing a Return
Preparer to ensure you don’t hire an
Abusive Return Preparer
Taxpayers are responsible for the accuracy of all
entries made on their tax returns, which include
related schedules, forms and supporting documentation. This remains true whether the return is
prepared by the taxpayer or by a return preparer.
Be careful in selecting the tax professional who will
prepare your return. Some basic tips and guidelines
to assist taxpayers in choosing a reputable tax
professional are:
•
Avoid return preparers who claim they can
obtain larger refunds than other preparers.
•
Avoid preparers who base their fee on a
percentage of the amount of the refund.
•
Use a reputable tax professional that signs your
tax return and provides you with a copy for your
records.
•
Consider whether the individual or firm will be
around to answer questions about the preparation
of your tax return, months, even years, after the
return has been filed.
•
Never sign a blank tax form.
•
Ask questions. Do you know anyone who has
used the tax professional? Were they satisfied
with the service they received?
Tax Evasion is a crime, a felony, punishable up to 5
years imprisonment and a $250,000 fine.
When in doubt, check it out! Taxpayers hearing
claims from preparers offering larger refunds than
other preparers are encouraged to check it out with
a trusted tax professional or the IRS before getting
involved. For further information and directions
on how to report Abusive Tax Promoters, CPAs
or Enrolled Agents, check out the IRS website at
www.irs.gov.
A “return preparer” is defined as “any person (including a partnership or corporation)
who prepares for compensation all or a substantial portion of a tax return or claim for
refund” under the income tax provisions of the Internal Revenue Code. To best protect personal
information, taxpayers should be very careful when choosing a return preparer. While most
preparers provide excellent service to their clients, a few unscrupulous return preparers file false
and fraudulent tax returns and ultimately defraud their clients.
Vol. 77, No. 1
Wisconsin Police Journal - 17
ARBITRATION NEWS
WPPA Wins Overtime Dispute Arbitration
in Florence County
County Board Reversal
of Sheriff’s Proper
Decision Proves Costly
Association members in
Florence County will continue
to have their seniority rights
respected and be offered
overtime pursuant to a “callin” procedure as provided for
by their Collective Bargaining
Agreement (CBA). Arbitrator
Dennis McGilligan wrote a
14-page decision in favor of
the Association to provide
overtime pay explicitly denied
by the Florence County Board
to one of our members.
Florence County Patrol
Deputies have a provision
in their CBA stating that
overtime must first be offered
to “a regular certified fulltime deputy on a seniority
basis.” Out of that language,
a procedure for calling
in deputies for overtime
opportunities was created and
followed for many years. Past
mistakes made in following
that procedure were rectified
by paying the deputy who
was overlooked for the shift
in question. Make no mistake
– contractual overtime like
this is a bargained-for benefit
of the contract, and was
gained and kept in the contract
through negotiation, probably
at the expense of other wages
or benefits.
One of these overtime
shifts occurred on January
4, 2008. Unfortunately for
the Department, the shift
in question opened up
when a well-liked corporal
fell gravely ill. (He has
recovered nicely, and is still a
member of the Department.)
Management chose to call in
a part-time deputy who they
thought would be working
the shift on straight time,
but later found out that the
part-time deputy exceeded his
scheduled number of shifts
that pay period, and therefore
the time was paid at an
overtime rate.
On January 29, 2008,
Florence County Deputy
Sheriff’s Association
(FCDSA) President, Deputy
When the Sheriff agreed to pay the overtime as
suggested, the Association understood the matter
to be resolved, and that there was nothing to file a
grievance over. But when the Sheriff later informed
the Association that he had been directed by the
County Board Chair not to pay the 12 hours of
overtime, this created a separate “event” which
actually triggered the dispute.
18 - Wisconsin Police Journal
Curt Jensen, brought the
matter to the attention of
Sheriff Jeff Rickaby. In a
letter to Deputy Jensen dated
January 30, 2008, the Sheriff
promptly ordered that the
full-time deputy be paid the
12 hours of pay at time-andone-half. Then on February
1, 2008, the Association
received an e-mail from the
Sheriff stating that he had
been directed by the County
Board Chair not to pay the 12
hours overtime. Both sides
testified that the Sheriff was
so ordered by the County
not to pay the overtime, but
testimony differs as to why
that determination was made.
The County claimed that it
was an “emergency” situation,
so they should not have to pay
the time at an overtime rate.
by ANDREW D. SCHAUER
WPPA STAFF ATTORNEY
The Association disagreed
with this conclusion, citing
the fact that there was
plenty of time between the
Lieutenant’s falling ill and
the start of his shift the next
day which needed to be filled.
Accordingly, the arbitrator
held that the assignment in
that instance did not qualify
as an “emergency” and the
County could not skip the
contractual procedure for
filling overtime shifts based
on seniority.
in this matter on February 7,
2008 was untimely because
it was received more than
20 working days after the
shift in question. However,
the Association successfully
argued that while the “event”
that initiated the dispute
occurred outside of the
contractual timeline for a
grievance to be filed, the
Association made a verbal
complaint to the Sheriff on
January 29, well within the
timeline. When the Sheriff
agreed to pay the overtime
as suggested, the Association
understood the matter to be
resolved, and that there was
nothing to file a grievance
over. But when the Sheriff
later informed the Association
that he had been directed by
the County Board Chair not to
pay the 12 hours of overtime,
this created a separate “event”
which actually triggered the
dispute. The Association
timely filed a grievance
within 20 working days after
this later event, and as such,
the Arbitrator held that the
grievance was timely.
At the hearing, the County
also attempted to argue that
the grievance that was filed
This matter was arbitrated
on September 22, 2008, in
Florence, Wisconsin, and the
January, 2009
ARBITRATION NEWS CONTINUED
decision of ad hoc Arbitrator
Dennis McGilligan was issued
on December 5, 2008. The
Arbitrator awarded 12 hours
of pay to the most senior
full-time deputy who was
available to work on January
4, 2008 – the exact same
remedy the Association and
the Sheriff had come to over
11 months earlier.
There are four morals to this
story - two for our other locals
across the state, and two for
county board committees
which supervise sheriff’s
departments.
resorting to the formal
grievance process, where
appropriate.” We do not wish
to encourage locals to blow
off timelines in grievance
procedures, and this case does
not stand for that proposition.
However, this case does stand
for the idea that when the
parties informally address
matters in a timely manner,
and come to an amicable
resolution, such a resolution
needs to be respected.
Otherwise, the reversal of
such a resolution can itself
be the triggering event of the
grievance process.
First, the “event” that triggers
a grievance may not be on
the same date as the shift
worked. Here, the Arbitrator
properly held that the event
that triggered this grievance
did not happen until almost
a month after the shift in
question, since the pay was
not denied to the deputy until
after the County Board Chair
ordered that it not be paid.
The grievance timelines did
not start until the FCDSA was
informed of that decision.
Third, an “emergency” is not
whatever management says
it is. The Arbitrator in this
case looked at the dictionary
definition of “emergency” and
did not bow to the County’s
arguments here. He noted
that even though the situation
arose unexpectedly and
caused serious distress in the
Department, there was plenty
of time to follow the call-in
procedure, and as such, the
County could not skip the
procedure.
Second, if there is a practice
of working things out between
the local leadership and the
administration, that practice
will often be respected by an
arbitrator. Here the Arbitrator
agreed with the Association
and held that strictly enforcing
the timelines contained in the
grievance procedure “could
chill the parties from working
out disputes amicably, without
Fourth, when the Sheriff
(the management of the
Department) and the
Association (the workers in
the Department) agree on
something, most times that
is the way to go. In this case,
with its motives unclear in
the record, the County Board
overruled its own Sheriff to
its great economic peril.
It ordered the Sheriff to
Vol. 77, No. 1
The expense of arbitrating this case was well
worth the benefits of upholding bargained-for
contractual benefits. The WPPA will not hesitate to
do so in other cases where the contractual
violation on the part of the employer is so clear.
reverse himself and refuse to
pay the overtime, and hired an
outside attorney to fight the
case in front of an arbitrator.
The County Board spent
almost $2,000 in Arbitration
fees and costs (not to mention
whatever it paid its outside
counsel in attorney’s fees and
costs), fighting over 12 hours
of overtime, which amounts
to less than $500.
The expense of arbitrating
this case was well worth
the benefits of upholding
bargained-for contractual
benefits. The WPPA will
not hesitate to do so in other
cases where the contractual
violation on the part of the
employer is so clear. Our
contracts are only as good as
our ability to enforce them
through the grievance process.
Do you know your Business Agent?
Listed below are the Business Agents who represent
the WPPA(s full-service members. If you do not know
who your business agent is, call the WPPA office at
608-273-3840 or 800-362-8838.
Gary Anderson....................................................... 800-362-8838
Alan Bitz.................................................................. 866-688-3084
John Dillon............................................................... 800-309-9710
Joe Durkin................................................................ 800-362-8838
David Hendrickson................................................. 866-879-2080
Randy Ingram......................................................... 888-803-9174
Emil Kezerle............................................................ 800-361-1269
Francis McCarthy................................................... 866-547-8622
Paul Negast............................................................. 800-301-5650
Robert Pechanach.................................................. 888-671-0943
Edward Vander Bloomen...................................... 800-334-1035
Gary Wisbrocker................................................... 800-236-1020
LBA, Inc. Mike Peterson......................................... 800-737-9521
PLR, Inc. Gary Gravesen...................................... 800-236-7558
Wisconsin Police Journal - 19
Deputy Veto Says
Thank You
O
On March 28, 2008, I was critically injured as a deputy with the Dane
County Sheriff’s Office. During a pursuit I was assisting with, I was
putting out road spikes in an attempt to stop a fleeing stolen car.
Ultimately the fleeing vehicle struck me, crushing both of my legs
from the ankle to the knee, resulting in both legs needing reconstruction. I also had a fractured right shoulder with a dislocation.
How do we even try to thank everyone that has been there for us over
the last nine months since my accident? The tremendous love,
support and kindness we have received from family, friends, extended
law enforcement family, fellow Christians and total strangers has been
overwhelming. We would love to personally thank everyone. However,
we know that isn’t possible.
Dane County Deputy
Sheriff Dale Veto
Ultimately the
fleeing vehicle
struck me, crushing
both of my legs
from the ankle
to the knee,
resulting in both
legs needing
reconstruction.
20 - Wisconsin Police Journal
We would like everyone to know that we really appreciate everything
that has been done for us. Whether you helped in a big way or small
way, sent a card or just said a prayer, they all mean so much. Please
know that you have touched our lives and we will be forever grateful.
As we continue on this path that our lives have taken since that day in
March, please continue to keep us in your prayers. We know the prayers
are working because the miracles keep coming. I am working very hard
to get back to the job I love so much. I remain dedicated to my profession
and take the words “to protect and serve” to heart. It’s so nice to know
that I am appreciated for what I do.
Thanks again for your continued support. We know that family,
friends and faith will get us through this event in our lives.
With sincere thanks,
Dane County Deputy Sheriff Dale Veto, Becky & Macy
January, 2009
A Pension Update for
Public Safety Officers
T
The federal Pension Protection Act of 2006 created a federal income tax exclusion for
eligible, retired public safety officers. As a result of state legislation signed into law by
Governor Doyle in 2008, Wisconsin officers can now take advantage of this benefit and
exclude up to $3,000 annually from their gross taxable income on their income tax returns to cover health and long-term care insurance premiums paid by them.
The premiums can be for medical, dental, vision and
long-term care coverage for the retired public safety
officer and the officer’s spouse and dependents. To
qualify for this tax exclusion, the premiums must be
taken as a deduction from the officer’s retirement
annuity and the officer’s retirement plan must remit
the premiums directly to the officer’s insurance plan
on behalf of the officer.
Federal law defines who is an eligible public safety
officer. Some of the criteria are:
To take advantage
of this tax exclusion,
eligible, retired public
safety officers receiving
a Wisconsin Retirement
System (WRS) annuity
may elect to have health
and long-term care
insurance premiums
taken from their monthly
WRS annuity payments.
Vol. 77, No. 1
•
The officer must have separated from
service as a public safety officer with the
employer who maintains the retirement
plan for the officer. The insurance premium deduction must be taken from the
annuity that the officer receives from this
retirement plan.
•
The officer must have separated from
service by reason of disability or attainment of normal retirement age
under the officer’s retirement plan. Officers that have taken an early retirement benefit are not eligible. Officers
receiving a duty disability benefit without a retirement benefit are not eligible
because the duty disability benefit does not
qualify as a retirement benefit.
Additional information on this tax exclusion and
eligibility for it can be found on the IRS’s website,
http://www.irs.gov. (Do a keyword search on “public safety officer” and search federal regulations
for Title 26 USC 402 (l) (4) (C)). Officers should
contact their tax preparers or the IRS if they have
questions about their eligibility.
To take advantage of this tax exclusion, eligible,
retired public safety officers receiving a Wisconsin Retirement System (WRS) annuity may elect
to have health and long-term care insurance premiums taken from their monthly WRS annuity payments. Officers currently covered under a State of
Wisconsin Group Insurance Board plan already
have premium deductions taken from their
annuities. But for officers who have insurance
coverage from other plans, the Department of
Employee Trust Funds will begin taking premium deductions from the WRS annuities of
these officers if the officers so elect. Beginning
in 2009, check the Department’s website, http://
www.etf.wi.gov., for information about this insurance premium deduction program for retired public
safety officers.
Wisconsin Police Journal - 21
Nomination Form
WPPA Service Awards
E
ach year at its annual convention, the WPPA recognizes
those officers and other public safety employees who epitomize the outstanding tradition of service and dedication in the
law enforcement community. Individuals may be nominated for
deeds or actions that occur between January 1, 2008 and December 31, 2008. The WPPA Awards Committee invites you to
send in your nominations for these awards.
Subject to the Committee’s discretion, nominees will be considered for the following awards:
Award for Valor
This award:
• shall be presented to the officer or officers who have
performed in a manner that is above and beyond the call
of duty;
• shall be only for members of the WPPA. Both the recipient of this award and their home department shall receive a
plaque suitably engraved;
• may be made posthumously and will be presented to the
recipient’s home department and representative.
Meritorious Award
This award:
• shall be presented to the officer or officers who have performed in a manner that is within the realm of duty, and
whom have shown great courage, ability and devotion to
law enforcement;
• shall be only for members of the WPPA. The recipient
of this award shall receive a certificate suitably inscribed
and the home department of the recipient shall receive
a plaque;
• may be made posthumously and will be presented to the
recipient’s home department and representative.
Officer of the Year
This award:
• shall be presented to the officer who has conspicuously
contributed to a law enforcement agency or community in a
manner that has been recognized by either;
• shall be only for members of the WPPA. The recipient of
this award shall receive a plaque suitably engraved.
22 - Wisconsin Police Journal
Youth Award
This award:
• shall be presented to a young person who has performed in
a heroic manner and assisted local law enforcement in the
interests of safety and the well-being of others. The recipient of this award shall receive a plaque suitably engraved.
Certificate of Merit
This award:
• shall be presented to the officer or officers who have
performed a function or duty showing proper and correct use
of police techniques in the best interest of police service;
• shall be a certificate suitably inscribed, which shall be
presented by U.S. mail to the recipient;
• may be presented to any member of law enforcement within
the state of Wisconsin.
Citizen’s Award
This award:
• shall be presented to a citizen or citizens who have contributed to local law enforcement and as a result have caused a
service to be achieved for the community;
• shall be a certificate suitably inscribed which shall be
presented by U.S. mail to the recipient.
Instructions
Please write a short essay on why your nominee
should be considered for a 2009 WPPA Service
Award. This essay should be composed specifically
for consideration of a WPPA Service Award on a
separate sheet of paper. Remember to be as specific
as possible with references to dates, events, etc. In
addition, you will need to complete the following
form and attach it to your essay. We encourage you
to send additional information in support of your
nominee such as: newspaper articles, police reports
and video tapes or any other information that will
aid our committee in their decision making process.
Please send your submission(s) by January 5, 2009
to: WPPA, 340 Coyier Lane, Madison, WI 53713.
January, 2009
WPPA SERVICE AWARDS NOMINATION FORM
Nominee:____________________________________________________________________________________________________
Title:________________________________________________________________________________________________________
Full Name:___________________________________________________________________________________________________
Department:__________________________________________________________________________________________________
Work Street Address:_ _________________________________________________________________________________________
City:___________________________________________________________________ State: ___________ Zip: ________________
Telephone (W): _________________________________________Telephone (H):___________________________________________
Fax Number:___________________________________________ E-mail:_ _______________________________________________
Nominator:___________________________________________________________________________________________________
Title:________________________________________________________________________________________________________
Full Name:___________________________________________________________________________________________________
Department:__________________________________________________________________________________________________
Work Street Address:_ _________________________________________________________________________________________
City:___________________________________________________________________ State: ___________ Zip: ________________
Telephone (W): _________________________________________Telephone (H):___________________________________________
Fax Number:___________________________________________ E-mail:_ _______________________________________________
Signature:_ __________________________________________________________________________________________________
Please send your submission(s) by January 5, 2009 to:
Wisconsin Professional Police Association
340 Coyier Lane,
Madison, WI 53713
Vol. 77, No. 1
Wisconsin Police Journal - 23
2009 WPPA Bowling Tournament
T
Hosted by Clark County
This tournament is open to all active and retired WPPA members and non-members of law enforcement and related fields.
The annual WPPA Bowling Tournament will be held on March
21 and 22, 2009, at Haines Strike Time Lanes, 11 S. Grand
Avenue, in Neillsville Wisconsin, www.striketimelanes.com.
Haines Strike Time Lanes is a 12 lane family owned facility
with automatic scoring, wood lanes, full menu, snack bar and
full service bar. There will be a DJ Saturday night.
All entries must be postmarked by March 14, 2009. However, in
order to ensure that your requests for specific bowling times are
met, we ask that you return your completed registration forms as
soon as possible.
The team event will be held on Saturday, March 21 with
squad times at 11:00 a.m. and 2:30 p.m. The team event will
consist of four (4) bowlers per team. Singles/Doubles/All
Events will be held on Sunday, March 22 with squad times
at 11:00 a.m. and 2:30 p.m. Additional times are available if
necessary. Times are subject to change depending upon the
number of entrants. Your bowling times will be confirmed
prior to the tournament.
Entry fees for the tournament:
Team
$80.00 $20.00 per bowler
Doubles
$40.00 $20.00 per bowler
Singles
$20.00 $20.00 per bowler
All Events $ 5.00 Optional per bowler
Non-WPPA Members – add an additional $6.50
All USBC members and non-members may participate in
a Moral Support sanctioned tournament with award recognition automatically extended to USBC members. Eligible
non-members may qualify for award recognition at their
option by paying the USBC affiliate membership fee.
24 - Wisconsin Police Journal
For all bowlers that do not have a USBC average and bowled
in the 2008 tournament, we will use your 2008 singles average
(as per tournament rules).
We look forward to seeing you in Clark County for the annual WPPA Bowling Tournament. If you have any questions,
please contact Scott or Cathy Haines at 715.743.2710.
Hotels
Super 8 Motel
1000 E. Division St., Neillsville
715.743.8080
Approximately $77/night
Best Western Clearwaters
2700 S. Roddis Avenue, Marshfield
715.387.1761
Approximately $79/night
Moraine Motel, www.morainemotel.com
W6949 Ridge Road, Neillsville
715.743.2517
Approximately $69/night (8 units)
Majestic Pines Casino and Hotel
State Highway 54, Black River Falls
800.657.4621
Approximately $69/night
Fannies Motel and Supper Club
W3741 US Highway 10, Neillsville
715.743.2169
Approximately $49/night (12 units)
Heartland Country Inn
7 S. Hewett Street, Neillsville
715.743.4004
Approximately $45/night (8 units)
January, 2009
2009 WPPA Bowling Tournament
Registration
March 21-22
Team Name_______________________________________________________________________________
Department_______________________________________________________________________________
Team Captain_ ________________________________
Telephone____________________________________
Address_ __________________________________
Email______________________________________
Team Event - Saturday, March 21
Please Circle Desired Squad Time:
Bowler's Name
11:00 a.m. or 2:30 p.m.
USBC #
Average
$20 Each
Bowler
1
2
3
4
Total
Singles/Doubles/All Events - Sunday, March 22
Please Circle Desired Squad Time:
Bowler's Name
USBC #
11:00 a.m. or 2:30 p.m.
Average Doubles
$20/ea.
Singles
$20/ea.
All Events
$5/Ea.
1
1
2
2
Total
Total
Total
Non-WPPA Members, add $6.50
Total Amount Enclosed with Registration: $____________________________Checks Payable to: CCWPPA
Mail to: Scott Haines, Haines Strike Time Lanes, 11 S. Grand Ave., Neillsville, WI 54456
Note: Please complete contact information at the top so we may confirm your squad times.
All entries must be postmarked by March 14, 2009!
Vol. 77, No. 1
Wisconsin Police Journal - 25
26 - Wisconsin Police Journal
January, 2009
RETIREES CORNER
Happy New Year 2009
T
his past year has been
a year to remember.
We elected a new president
and the stock market had
the bottom drop out. Many
companies folded and many
more are in trouble.
Our retirement fund also took a
beating and it appears we may
have a loss in our paychecks
come May 1, 2009. It all
depends on the final figures on
December 31, 2008.
The retirement fund annuities
are averaged over a five year
period and that will save us
this time, but the downside
is that this loss will carry
forward for four more years.
We could be feeling this for a
long time to come.
There are a couple of good
things coming this year. There
will be no state income tax
on Social Security income for
2008. This will save some of
us a little money.
Many people are waiting until
next year to retire, hoping for
a better financial situation.
According to the Department
of Employee Trust Funds, the
number of retiree requests went
down the last part of the year.
Despite these tough economic
times, don’t forget about what
you can do to help others.
Few things are as rewarding
as raising money for a worthy
cause like the Polar plunges
for Special Olympics. Be sure
you get involved.
Have a good day.
Marquette County
Robert Gee
Portage County
Kenneth Tschudy
Racine
Mark Barrows
Michael Erdmann
Herbert Nikolai
James Yoghourtjian
JERRY VREELAND
Sauk County
Barbara Fellah
Waukesha
Gary Rach
West Milwaukee
Thomas Kinzel
Sydney Vander Linden
Rock County
Donald Miller
Bayfield County
Connie Dickerhoff
Dane County
Frank Warner, Jr.
De Pere
Timothy Agnew
Douglas County
James Radtke
Public Safety officers will also
be able to defer on a tax free
basis up to $3,000 of their
pension each year to pay for
health insurance or long term
insurance. You will have to
file with the Department of
Employee Trust Funds. See
the separate article in this
issue on page 21.
Kenosha County
Gene Lake
Daniel Kleutsch
Kenneth Polzin, Jr.
This economic strife isn’t
just affecting the retirees.
Lafayette County
Sharon Nichols
Vol. 77, No. 1
Langlade County
Tanya Imig
La Crosse
David Schatzley
Jeffrey Smith
La Crosse County
Susan Whitewater
We want to hear from you!
If you have local information for the
Wisconsin Police Journal – anything you
feel is newsworthy – please write to the
Wisconsin Police Journal, 340 Coyier
Lane, Madison, WI 53713, or e-mail
[email protected]. Editorial deadlines
are: March 1, June 1, September 1, and
December 1. Each issue of the Journal
will be released approximately 30 days
after the deadline date. The editors
reserve the right to edit, clarify, or
condense articles.
Wisconsin Police Journal - 27
Wisconsin Professional
Police Association
Scholarship Program
Who is eligible for the WPPA
scholarship?
How do students apply?
Any Wisconsin or Upper Peninsula of Michigan resident enrolling in a college or vocational/technical
school in a course of study leading to a two- or
four-year degree in police science, criminal justice,
or a law enforcement-related field - which does not
include law school - is eligible.
Who selects the scholarship
winners?
Scholarship recipients are selected by a committee
composed of six WPPA Directors. All decisions of
the committee are final.
The Scholarship Committee reserves the right to
determine the number and amount of scholarships
to be awarded in a given year.
How is the scholarship paid?
The recipient must submit proof of his or her
enrollment (a copy of the semester tuition invoice
marked “paid”) in an accredited college or vocational/technical school. Awards are not retroactive and
may not be credited to semesters already completed. After the student has submitted proof of enrollment, a check for the scholarship award will be
mailed directly to the recipient.
Scholarship
applications
Scholarship
applications
must
bebe
postmarked
must
postmarked
28 - Wisconsin Police Journal
Enclose a typewritten essay (on 8 1/2 x 11 paper)
of 200 words or less outlining why you have chosen a law enforcement career. Include any special
projects relating to your interest in law enforcement and any other factors you wish the committee to consider.
Type in the top right corner of each page of the
essay your full name and complete address.
Signand datethe essay.
How many scholarships will be
awarded?
on
before
February
1
onoror
before
February
Complete the application in its entirety.
2
Enclose three (3) letters of recommendation
fr om thr ee differ ent sour ces (i.e., not more
than one letter from any one source). Sources
may include family, school, neighbor, clergy,
employer, civic organization, law enforcement, etc.
(For exam ple, send one letter of recommendation from your school, one from a police officer,
and one from a family member.)
Enclose a transcript of high school and/or college
grades.
Enclose a self-addressed, stamped, No. 10 envelope.
Scholarship applications must be postmarked on
1 and mailed to:WPPA
or before Febr uar y 2
Scholarship Committee, 340 Coyier Lane,
Madison,WI 53713.
Scholarship
Scholarship
applications
applications
must
be
must be
postmarked
postmarked
on
on or
or before
before
February 12
February
and mailed
mailed
and
to: WPPA
to: WPPA
Scholarship
Scholarship
Committee,
Committee,
340 Coyier
340Lane,
Coyier
Madison,
Lane, WI
53713. WI
Madison,
53713.
Follow the above instructions carefully. Failure to
comply with all instructions or meet the
Febr uar y 21 deadline will result in disqualification.
January, 2009
WPPA Scholarship
Application
WPPA Scholarship
Application
Name ____________________________________________________________________________________________________________
(Last)
(First)
(Middle)
Permanent Address _________________________________________________________________________________________________
(Street)
(City)
(State)
(Zip)
County _________________________Phone ______________________________Social Security # _________________________________
High School _______________________________________________________________________________________________________
(Name)
(Street)
(City)
(State)
(Zip)
Hometown Newspaper ______________________________________________________________________________________________
(Name)
(Street)
(City)
(State)
(Zip)
Date of H.S. Graduation_____________________________________Self-reported H.S. GPA ______________________________________
(EncloseTranscript)
List extra-curricular activities in which you have participated. (Attach additional sheet if needed.) ___________________________
__________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________
Refer to the previous page for additional requirements. Attach your essay outlining why you have chosen a career in
law enforcement and include any special projects relating to your interest in law enforcement and any other factors
you wish the Scholarship Committee to consider.
Your Signature________________________________________________________________________ Date_________________________
Mail application and supporting documents to:
WPPA Scholarship Committee
340 Coyier Lane
Madison, WI 53713
2.
Applications must be postmarked on or before February 1.
Wisconsin Professional Police Association
Member Legal Services Benefit
As a WPPA member, you and your family can enjoy ready and
affordable access to experienced legal professionals in a wide
range of areas under the WPPA Member Legal Services Benefit
arrangement. The WPPA has arranged with Cullen Weston Pines &
Bach LLP, attorneys who have been working with the WPPA and
law enforcement professionals for more than 20 years, to provide
legal services to WPPA members on uniquely favorable terms.
If you use Cullen Weston Pines & Bach’s services, a file will be
opened under your name with the law firm and you will be billed
directly by the law firm for services. You assume responsibility
for all charges for services you request or authorize. Neither the
WPPA nor any person or entity connected with it shall directly
or indirectly derive a profit from or retain any part of the
consideration you pay CWPB for rendering legal services to you.
You are eligible to participate in the WPPA Member Legal
Services Benefit if you are an active, life or retired member
of the Wisconsin Professional Police Association. If you are
eligible, you and, at your request, your spouse or life partner
and any person considered to be your dependent for federal
income tax purposes (“family member”), is also entitled to
legal representation from Cullen Weston Pines & Bach on the
following terms.
If you request services by a specific Cullen Weston Pines & Bach
attorney, the law firm will attempt to accommodate your request.
Generally, however, the type of legal matter and scheduling
will determine which professional Cullen Weston Pines & Bach
directs to work with you.
If you are a WPPA member in good standing, you or your
family member can receive an initial one-half hour interview
or consultation with a Cullen Weston Pines & Bach attorney
or paralegal on any legal matter (with the exceptions described
below) without charge to you. You can use this Initial
Consultation to describe your situation and seek advice on any
subject of a legal nature.
In addition, for most legal matters, if you require legal services
beyond the Initial Consultation, those services will be provided
to you at hourly billing rates which are 20% less than Cullen
Weston Pines & Bach’s regular hourly charges for attorneys,
paralegals and law clerks. Also, for some legal matters, Cullen
Weston Pines & Bach may provide services based on a contingent
fee arrangement rather than at hourly rates. Hourly rates vary
depending on the legal professional you are working with. A
statement comparing Cullen Weston Pines & Bach’s regular
hourly rates and rates for WPPA members can be provided to you
upon request.
WPPA members and their families may seek the services of
Cullen Weston Pines & Bach as they need. Taking advantage
of the Benefit will not alter or govern in any way the usual and
customary attorney-client relationship between you, as client, and
your Cullen Weston Pines & Bach attorney. The confidentiality
of the information you exchange with Cullen Weston Pines &
Bach will be preserved except as required to represent you. The
WPPA will not infringe the independent exercise of professional
judgment by your attorney who will be rendering legal services to
you, the client.
You recognize, however, that periodically, Cullen Weston Pines &
Bach may provide statistical information to the WPPA about the
number of its members who take advantage of the WPPA Member
Legal Services Benefit. No personally identifying information about
you or your legal matter will be provided.
30 - Wisconsin Police Journal
Cullen Weston Pines & Bach offers representation under the
WPPA Member Legal Services Benefit in the following areas of
practice:
Personal Injury. Gaining compensation for injuries due to
vehicle accidents, medical malpractice, defective products, or
employment related accidents.
Other Civil Litigation. Representation in such things as contract
and property disputes.
Real Estate. The purchase or sale of residential, agricultural or
commercial property; disputes between landowners or between
a tenant and landlord; rezones, conditional use permits or
variances; and joint agreements for ownership by non-married
persons, for driveways, wells or other improvements.
Personal Relations. Marital dissolution, annulment, divorce,
separation, maintenance; paternity, custody, child support, and
adoption; guardianship; and name changes.
Estate Planning. Living trusts, wills, living wills, durable
powers of attorney, estate tax avoidance, making gifts, or
charitable donations.
Probate. Assistance in administering a deceased person’s affairs
whether under no-will, will or trust.
Consumer Protection. Collection disputes; fair debt reporting
complaints; small claims actions.
Administrative Proceedings. Representation before state,
county or municipal administrative agencies.
Small Business Matters. The formation of a business entity
(corporation, limited liability company or partnership); the purchase
or sale of a business; tax advice; financing transactions; copyrights,
trademarks, licenses, trade secrets and licensing; succession
planning; and employment contracts and employee benefits.
January, 2009
Employment. Disputes regarding wages, disciplines and
terminations not covered by a collective bargaining agreement;
discrimination claims; and for individual employment contracts
and severance agreements.
In addition, although not included in the WPPA Legal Services
Benefit, Cullen Weston Pines & Bach can provide legal services:
• In matters involving a criminal offense;
• To larger businesses involving acquisitions, additional owners,
complex litigation, intellectual property, accounts receivable
management, employees and employee benefits, and contracts; and,
• Advising and acting to influence legislation.
Cullen Weston Pines & Bach cannot offer legal services under the
WPPA Legal Services Benefit in the following areas:
• Preparation of income tax returns
• Bankruptcy
• Traffic violations
• Representation provided pursuant to a policy of insurance and
the member does not have to pay from his/her own funds.
• Disputes with the WPPA. The law firm will not provide
services in any matter where the WPPA is an adverse party.
Additionally, Cullen Weston Pines & Bach must, under the
professional rules of conduct for attorneys, decline representation
which presents a conflict of interest with the interests of any
client it has previously represented or is presently representing. In
rare instances, conflicts of interest may be waived by the parties.
In any matter where the interests of a WPPA member and his or
her family member are opposed, representation under the WPPA
Legal Services Benefit will be available to the WPPA member
but not to the family member unless the WPPA member consents
in writing to the representation of the family member with the
opposing interest.
There is no limit on the number of Initial Consultations you can
receive, but each such consult must be an initial consultation on
a legal matter. In other words, to gain another Initial Consultation
you must have a “new” legal matter. Cullen Weston Pines & Bach
reserves the right to decline to provide services on any matter
it deems to be without merit, unethical, or where the client has
previously failed to cooperate with the law firm’s attorneys or
failed to pay for services.
If a dispute, difference or disagreement arises under this
WPPA Member Legal Services Benefit, CWPB will attempt
to resolve the dispute in a fair and amicable manner. If the
dispute cannot be resolved voluntarily by the parties, the
dispute, difference or disagreement shall be referred to a
single arbitrator agreed upon by the parties, or if no single
arbitrator can be agreed upon, an arbitrator shall be selected
in Dane County, Wisconsin, in accordance with Wisconsin
Statutes Section 788.04. Judgment upon the award rendered
by the arbitrator may be entered in any court having
jurisdiction thereof.
To contact Cullen Weston Pines & Bach LLP call: (608) 251-0101;
Fax: (608) 251-2883; or e-mail to: [email protected] or (attorney’s
last name)@cwpb.com or visit at: Cullen Weston Pines & Bach
LLP, 122 West Washington Avenue, Suite 900, Madison, WI
53703; web site: www.cwpb.com.
The above information about the WPPA Member Legal Services
Benefit is current as of July 1, 2007. If you are reviewing this
information more than 24 months from this date, please check
with the WPPA or Cullen Weston Pines & Bach LLP for updated
information.
Cullen Weston Pines & Bach LLP
A ttorneys at L aw
Cullen Weston Pines & Bach LLP is a Madison-based law firm founded in 1979. Since that time, our firm has
steadily grown to include labor and employment, energy and telecommunications, governmental relations,
family law, civil and criminal litigation, and business and commerce. We serve hundreds of clients each
year, both organizations and individuals. We measure our success by our high level of client retention and
satisfaction. Many of our clients have been with us since the beginning.
Our partners and associates are some of the most respected attorneys in their fields, regularly appearing
on lists of the best lawyers. We believe this is a reflection of our progressive philosophy: Be a creative
problem-solver, not just a lawyer. Provide good counsel. Care about our clients’ well-being. Fight hard on
their behalf. And do so with as little bureaucracy and as much value as possible.
122 West Washington Avenue, Suite 900
Madison, WI 53703-2718 • (608) 251.0101 • FAX (608) 251.2883
Vol. 77, No. 1
Wisconsin Police Journal - 31
Daily Needs Directory
LAW ENFORCEMENT AGENCIES IN WISCONSIN
GOVERNOR JAMES E. DOYLE
P. O. Box 7863, Madison, WI 53707-7863
608-266-1212
DIVISION OF CRIMINAL INVESTIGATION
P. O. Box 7857, Madison, WI 53707-7857
608-266-1671, Fax 608-267-2777
ATTORNEY GENERAL J.B. VAN HOLLEN
P. O. Box 7857, Madison, WI 53707-7857
608-266-1221, Fax 608-267-2779
WISCONSIN EMERGENCY MANAGEMENT
P. O. Box 7865, Madison, WI 53707-7865
608-242-3232, Fax 608-242-3247
DIVISION OF LAW ENFORCEMENT SERVICES
P. O. Box 7857, Madison, WI 53707-7857
608-261-7751, Fax 608-266-1656
DEPARTMENT OF AGRICULTURE TRADE AND
CONSUMER PROTECTION
Hotline 800-422-7128
CRIME INFORMATION BUREAU
P. O. Box 2718, Madison, WI 53701-2718
608-266-7314, Fax 608-267-1338
OFFICE OF CRIME VICTIM SERVICES
P. O. Box 7951, Madison, WI 53707-7951
608-264-9446
TRAINING AND STANDARDS BUREAU
P. O. Box 7070, Madison, WI 53707-7070
608-266-8800, Fax 608-266-7869
DRIVER LICENSE RECORDS AND CHECKING
4802 Sheboygan Ave., Madison, WI 53705
608-266-2353
STATE CRIME LABORATORY-MADISON
4706 University Ave., Madison, WI 53705-2157
608-266-2031, Fax 608-267-1303
ALCOHOL AND TOBACCO ENFORCEMENT
P. O. Box 8933, Madison, WI 53708-8933
608-266-3969
STATE CRIME LABORATORY-MILWAUKEE
1578 South 11th St., Milwaukee, WI 53204-2860
414-382-7500, Fax 414-382-7507
CONCERNS OF POLICE SURVIVORS
Wisconsin Chapter 1-866-420-2500
STATE CRIME LABORATORY-WAUSAU
7100 W. Stewart Ave., Wausau, WI 54401-8410
715-845-8626, Fax 715-848-5833
LEGISLATIVE INFORMATION
Hotline 1-800-362-9472
Local 608-266-9960
PURPOSES AND AIMS OF THE WISCONSIN POLICE JOURNAL
Official Publication of the Wisconsin Professional Police Association
The Wisconsin Police Journal is the voice of thousands of WPPA members throughout Wisconsin and
the Upper Peninsula of Michigan. The Wisconsin Police Journal is dedicated to the following principles:
•
To disseminate important news and information affecting the WPPA membership.
•
To publicize the purposes, programs and public service projects of the WPPA.
•
To inform government officials and state legislators of the problems and concerns of the
membership.
•
To inform the citizens of Wisconsin of the duties of the law enforcement officer and to encourage
public acceptance of, and compliance with, the laws of the state.
•
To reflect the proper and deserved image of law enforcement officers in order to help them perform
their responsibilities to provide security for all persons and protect the rights of the individual
regardless of race, creed or religion.
•
To defend and promote the integrity of the vast majority of law enforcement officers who, at great
personal sacrifice, are devoting their lives and careers to the noble profession of law enforcement.
32 - Wisconsin Police Journal
January, 2009
NEWS FROM THE UPPER PENINSULA
Justice For Us All
J
uly 31, 2008. It was a
typical summer afternoon
in Dickinson County, Michigan. The early evening hours
brought the usual groups
of young adults who typically flocked to a well known
swimming area. Waters that
have provided recreation for
many years and waters that
also serve as a boarder line
between the states of Michigan and Wisconsin. It was a
pleasant day and normal day.
No one could have predicted
the horror that was about to
descend on this gathering of
young adults.
area, which placed him either
in Michigan or Wisconsin.
At approximately 5:30 p.m.,
38-year-old Scott Johnson
opened fire on the young
adults. Dressed in camouflage
and armed with an assault
rifle, Johnson indiscriminately
took the lives of three young
adults and injured another
before slipping back into a
wooded area.
No time was wasted in determining jurisdictional issues.
The specific state the suspect
may have been located
was of little consequence. What the team knew was that
an armed suspect, responsible
for multiple shootings, was
currently at large. As a team,
and under the concept of team
effort, resources from both
states were called upon to
take the suspect into custody.
No time was wasted.
The 9-1-1 call came into the
Dickinson County, Michigan
Sheriff’s Department. As is
normally the case with any
critical incident, a certain level of confusion surrounded the
immediate circumstances. In
addition, law enforcement was
faced with multiple victims
and an armed suspect who remained at large. The suspect’s
exact location was unknown;
authorities believed he was
still likely in the immediate
Vol. 77, No. 1
Almost immediately, an
incident command team was
established. The team consisted of Dickinson County,
Michigan Undersheriff Scott
Celello, Sheriff Jeff Rickaby
of the Florence County,
Wisconsin Sheriff’s Department, and Sheriff James
Kanikula of the Marinette
County, Wisconsin Sheriff’s
Department. The incident
command team clearly
appreciated the volatile circumstances they were facing.
In an unprecedented collaboration, WPPA brothers and
sisters from both Michigan
and Wisconsin joined forces.
Resources and assistance was
utilized from the following
agencies:
•
Dickinson County (MI)
Deputy Sheriff’s
Association
by EMIL KEZERLE
BUSINESS AGENT/COORDINATOR
UPPER MICHIGAN OFFICE
328 SUPERIOR AVENUE
CRYSTAL FALLS, MI 49920
906-875-4990; 800-361-1269
•
•
•
•
•
•
•
•
•
Iron Mountain (MI)
Police Association
Kingsford (MI) Police
Department
Niagara (WI) Police
Department
Florence County (WI)
Deputy Sheriff’s
Association
Marinette County (WI)
Deputy Sheriff’s
Association
Dickinson County (MI)
Critical Incident
Response Team
Wisconsin Division of
Criminal Investigation
Michigan State Police
Several TAC units from
the state of Wisconsin
Performing as one cohesive
unit, authorities from multiple
jurisdictions worked together.
Certainly, locating and securing the suspect was a priority,
however, the authorities had
numerous issues to address
in addition to locating the
suspect. Crime scene preservation, evidence security, and
the safety of the residential
areas in the vicinity all
required immediate attention.
As a direct result of this
group’s efforts, the suspect
ultimately surrendered himself
to the authorities. As the
victims were on the Wisconsin
side of the swimming area
at the time of the shooting(s),
the suspect is currently being
held in Marinette County,
Wisconsin. Formal charges
in Michigan are also pending.
Everyone involved in this
investigation wishes that this
brutal attack would not have
happened. The communities
from both sides of the border
continue to mourn the senseless loss of the young and
innocent victims.
Through all the tragedy,
our WPPA members from
both Wisconsin and Michigan
played a significant roll in
bringing the suspect to justice.
This terrible incident should
serve as a reminder to all
of us that together we can
accomplish great things.
Wisconsin Police Journal - 33
Law Enforcement Torch Run®
for Special Olympics Wisconsin
Honored with Awards at International Conference
D
by Madeleine Wentzel
During the last week of October, 25 officers, staff, sponsors and volunteers involved
in the Law Enforcement Torch Run® (LETR) for Special Olympics Wisconsin traveled
to Dallas for the 2008 International LETR Conference. At the conference our LETR
program was awarded the Diamond Level of Excellence Award for raising more than $1
million in 2008 with Wisconsin’s LETR Program setting a new fundraising record by
raising more than $1.5 million!
Director of Development for the LETR, Julie
Buedding, also received the LETR’s highest honor,
The Richard LaMunyon Hall of Fame Award. The
Richard LaMunyon Law Enforcement Torch Run®
for Special Olympics Hall of Fame Award was
created to recognize outstanding individuals who
have significantly contributed to the worldwide
success of the LETR.
Julie has been involved with the Torch Run for 13
years and also was the first non-law enforcement
member inducted into the Wisconsin LETR Dale
Brunner Hall of Fame. In 2007, Julie traveled to
China as a member of the LETR Final Leg Support Team for the Special Olympics World Summer
Games. Thanks to her enormous efforts, hard work
and dedication, Wisconsin’s 2008 World’s Largest
Truck Convoy® fundraiser was truly the world’s
largest raising more than $100,000!
The LETR is the largest grassroots fundraiser and
public awareness vehicle in the world for Special
Olympics. Law enforcement officers from the 50
United States, 10 Canadian provinces and territories
and 35 countries carry the “Flame of Hope” in honor
of Special Olympics athletes. Congratulations to Julie and the LETR for Special Olympics Wisconsin!
(L-R) Retired Chief Richard LaMunyon, Julie Buedding
and Dennis Alldridge receive the International Richard
LaMunyon Hall of Fame Award at the 2008 International
Law Enforcement Torch Run Conference in Dallas, Texas
34 - Wisconsin Police Journal
January, 2009
Catch THIS Cold!
Thousands Will Brave Frigid Waters for
Special Olympics Wisconsin
E
Everyone catches colds in winter, but you can’t miss catching “this cold” by hitting one
of the eleven Polar Plunges held statewide in February and March for Special Olympics
Wisconsin! Since its inception in 1999 Wisconsinites have helped raise more than
$7 million by taking the Plunge.
All plungers must raise $75 to plunge and to receive
the official “Freezin’ for a Reason” long-sleeve Tshirt. Participants also can earn other prizes as their
pledges increase. Plungers can take the jump on
their own, or join a group of friends. Please register
online at www.specialolympicswisconsin.org/polar_
plunge.asp.
If you’re too chicken to make the splash, show
your support by signing up as a “chicken” to raise
pledges, but get out of actually jumping, or just
make a pledge to a braver soul - either way, the fun
can’t be missed!
2009 Plunge dates and locations
February 7 - Stevens Point Polar Plunge, Rusty’s Backwater Saloon
February 7 - Pleasant Prairie Polar Plunge, Lake Andrea Rec Plex
February 8 - Muskego Polar Plunge, Muskego County Park
February 21 - Oshkosh Polar Plunge, Menominee Park
February 21 - Madison Polar Plunge, Olin Turville Park
February 21 - Whitewater Polar Plunge, Cravath Lakefront Park
February 22 - Eau Claire Polar Plunge, Half Moon Beach in Carson Park
February 28 - Wausau Polar Plunge, Sunnyvale Man Made Park
February 28 - Green Bay Polar Plunge, The Watering Hole
March 7 - Coulee Region Polar Plunge, Black River Beach
March 7 – Milwaukee Polar Plunge, Bradford Beach
Vol. 77, No. 1
Wisconsin Police Journal - 35
Fox Valley “Lock Up a Cop”
Raises More than $11,500!
by Nicci Sprangers
T
The 3rd Annual Lock Up a Cop was held on October 24 & 25, 2008, in Neenah to benefit
Special Olympics Wisconsin – Fox Valley Area. Over 50 police officers volunteered to
take part in the event by spending time in the jail cell, collecting donations, giving squad
car tours, and offering a variety of activities for the kids. Thank you
to all law
enforcement
who helped
make this a
successful
event!
This year the event raised $11,579 for Special
Olympics Wisconsin – Fox Valley Area. The event
featured a special “lock up” time slot for police
chiefs and sheriffs. The chiefs raised nearly $1,000
through their efforts in jail.
Lock Up a Cop also featured a unique trick-ortreating opportunity for the community on Saturday
morning when more than 500 children made their way
through the trick-or-treat area where participating
law enforcement agencies had their squad cars lined
up and offered trick-or-treating from car to car.
This year’s participating departments included:
Menasha, Neenah, Appleton, Hortonville, Town
of Menasha, Winnebago County Sheriff’s Dept.,
Outagamie County Sheriff’s Dept., UW-Oshkosh PD,
Oshkosh, Winneconne, Calumet County Sheriff’s
Dept., Freedom, Combined Locks, Winnebago
County District Attorney’s Office, Wisconsin State
Patrol, Fox Valley Technical College’s Criminal
Justice Student Association and UW-Oshkosh’s
Criminal Justice Association. Thank you to all
law enforcement who helped make this a
successful event!
(L-R) Hortonville Police
Lieutenant Matt Harper
and Appleton Police
Officer Polly Olson get
locked up for Special
Olympics Wisconsin.
36 - Wisconsin Police Journal
January, 2009
Wisconsin’s Convoy
the Largest Ever
for Special Olympics Wisconsin
T
The sounds of honking horns and cheers took over a 50-mile stretch of Highway 41 as
122 large trucks ignored gas prices and convoyed up the pavement to raise money for the
World’s Largest Truck Convoy® for Special Olympics Wisconsin (SOWI). This year’s
Convoy raised more than $100,500, making Wisconsin’s the largest in North America
and the largest Convoy ever held for Special Olympics.
Bottom left:
The 2008 Convoy had
122 trucks participating
and raised more than
$100,500.
Bottom right:
Athletes gather around
one of their favorite
trucks at the Convoy
celebration party.
Vol. 77, No. 1
The convoy, presented by WEL Companies, Wally
Tielens Memorial Fund and Quad/Graphics, was
held on Saturday, September 20 as countless law
enforcement officers joined Wisconsin’s State
Troopers to escort the long line of trucks from the
Pioneer Travel Plaza in Richfield to Oshkosh’s EAA
Grounds. Hundreds of public spectators, Special
Olympics athletes and fans lined the highway and the
EAA entrance to watch the unbelievable spectacle
with creative signs and lots of cheers!
A celebration was held at EAA where participants
enjoyed music, food and fun, including a thank
you from local Special Olympics athletes. The
Convoy gives those involved a chance to celebrate
the trucking industry while simultaneously helping
SOWI better serve those with cognitive disabilities.
Special Olympics Wisconsin is a year-round program
of sports training and competition for children and
adults with cognitive disabilities. More than 10,000
athletes in over 200 communities train and compete
in 18 different Olympic-type summer and winter
sports.
Wisconsin’s 5th Annual World’s Largest Truck Convoy
is scheduled for Saturday, September 26, 2009. This
Law Enforcement Torch Run® event was Wisconsin’s
fourth annual Convoy, and took place in 32 states and six
Canadian provinces in 2008. For more information on
the Convoy or Special Olympics Wisconsin, visit www.
specialolympicswisconsin.org or call 800.552.1324.
Wisconsin Police Journal - 37
With Wings AND A Halo Crime
Prevention FUN’draising
Texas Hold’em Tournament
W
We would like to invite you to play and participate in our 1st Annual “With Wings AND
A Halo (WW AND AH) Crime Prevention FUN’draising Texas Hold’em Tournament!”
The event is open to all active or retired first responders/police/sheriff/state patrol and
EMS staff and volunteers. We will have at least five locations throughout the state
of Wisconsin for “Qualifying Rounds.” They will be held in Madison, Milwaukee,
Oshkosh, Green Bay, Eau Claire and/or La Crosse, so you can choose the location
nearest you to attend. Our objective with this tournament is to raise funds to support
the “B.A.C.K. Packets” program throughout Wisconsin, and to develop a FUN and
exciting event that we can hold year after year. For those not familiar with the “B.A.C.K.
(Become A Cheerful Kid) Packets” program, it is designed to raise money to place back
packs with children’s books in squad cars to help kids in crisis situations.
For further
information contact
the WW AND AH
Crime Prevention
Tournament
Committee at
608.345.7074 or
608.338.8146.
We are asking that each player either raise funds
through sponsors/or donate a minimum of $150.00
to participate in the tournament. The more donations
that the player raises, the more chips that he or she
gets to play. For example: a $150.00 donation would
allow you to start the tournament with $1,500 in
chips. A $500.00 donation would allow you to start
the tournament with $5,000 in chips and so on. Also,
at each location, you will have an opportunity to
“buy back in” or “increase your chip count” during
the first hour and a half of the tournament for an
additional donation of $50.00 which will allow you
to obtain another $1,500 in chips. We plan on taking
the top 12 from each location, if we have 5 locations,
or the top 10 from each location, if we have 6
locations, on to the Final Casino Royal - Black Tie
Round to be held at the Madison Club, downtown
Madison on Saturday, March 14, 2009 (specific time
of this event to be announced).
We are hoping to have roughly 200 participants at
each location. There will be hotel accommodations
available at the Hilton Hotel adjacent to the Madison
Club for anyone wishing to stay overnight (at their
own expense) for the Casino Royal – Black Tie Round,
38 - Wisconsin Police Journal
should you qualify. We will have the top 60 players
competing for a trip to Las Vegas to compete in the
real World Series of Poker (WSOP) “Main Event.”
This particular event has a grand prize purse of over
12 million dollars . . . and wouldn’t it be exciting if
someone from this event went on to win?! The entry
expense of $10,000 for the WSOP “Main Event” will
be paid for you by WW AND AH, plus airfare for
2 people. In addition, many exciting prizes will be
available for the top twenty finishers. These top prizes
will be listed on the website, www.withwingsandahalo.
org under the icon of “Texas Hold’em FUN’draising
Tournament!” At each “Qualifying Round” location,
there will be eight hours of tournament play or until
the top 10 or 12 players are left competing, whichever
comes first. Likewise, rules and conditions of the game
will be similar to the WSOP guidelines. A Sponsor
Sheet will be available for each individual player to
make it simple for them to collect the donations from
friends, family and others who would like to support
WW AND AH and send them to this event. A print
out of the Sponsor Sheet is available from the website
(listed above) for all those players wishing to compete
in the tournament. All players must be 21 years of age
to compete in the event.
January, 2009
GOOD News
by Graham King
t is difficult to believe that
there is good news, when
the economy seems to be
failing in many ways. It can
be hard to be happy when
our government gives money
to companies who spend it
at resorts. However, there is
some positive news to find if
you look hard enough. Here in
Wisconsin, we are concluding
a year in which traffic deaths
are relatively low. The snow
in the winter combined with
the summer’s high gas prices
have kept people from driving
as much. There have still been
drunken driving accidents
which have taken lives, but
the numbers of dead and
injured are down.
I
I have spoken to many people
who have had a relative or
close friend die because of
an OWI crash. They have
all told me how they can’t
drive on some roads without
remembering what happened
and start to cry. The date
of their loss is a date they
remember before holidays and
they think about the family
member when seeing a gift
that person would have liked.
The death is something that
never goes away. The grief is
compounded when it appears
that drunk driving is not
an important issue to many
people in Wisconsin.
I recently spoke to a person
who had his family’s life
destroyed by a drunk driver.
They were moving to the
Midwest where his wife was
going to manage a health
care company. While in Dane
County she was running
errands when a drunk driver
struck her car. She lived, but
will never again be the same
and will spend the rest of her
life in a nursing home. Sadly,
their story is not uncommon.
This is a great time to keep up
the trend of fewer accidents,
injuries, and deaths. We
can do that by supporting
programs which keep drunk
drivers off the road. KEYS is
Also, please remember to donate blood whenever
you have the chance. Attend a blood drive in
your area or just call the Red Cross to make an
appointment. It doesn’t take long and you could
save a life.
Vol. 77, No. 1
an education-based program
which teaches sober driving.
Please support these programs and keep arresting
drunk drivers.
Also, please remember to
donate blood whenever you
have the chance. Attend a
blood drive in your area or
just call the Red Cross to
make an appointment. It
doesn’t take long and you
could save a life.
For more information on the
KEYS program, please visit
KEYS at www.K-E-Y-S.com
or contact me at Graham970@
msn.com.
The KEYS Mission: KEYS is
a positive, personal campaign
focused on helping people to
make better decisions about
getting behind the wheel,
with a goal to dramatically
reduce the number of impaired
driving crashes. Impaired
driving not only affects those
involved in the individual
crashes but also their entire
families and the greater
community. This simple yet
powerful “pay it forward”
concept is the heart of the
KEYS campaign, inspiring
individuals to pass the positive
message on to make better
“key decisions.” This concept
believes in both the individual
and collective ability to shape
a safer society.
Is your membership
application current?
When was the last time you updated your WPPA
membership application? Have you married?
Do you wish to change your beneficiary? It is important that we have a current, signed application
on file for all active, dues-paying members. (This
does not apply to retired and honorary members.)
Call Lori McDougall at 608-273-3840 or
800-362-8838 to find out when your
membership application was last updated.
If you wish to make changes, she will send you
a new application to complete and return to
the WPPA.
Wisconsin Police Journal - 39
Wisconsin Professional Police Association
Light Denim Heavyweight Long-Sleeve Shirt
WPPA Embroidered Emblem (while supplies last)
Adult M $35 Adult XXL $38
Fleece Vest
Gray with WPPA Embroidered in Black
Adult M, L, XL $24 Adult XXL $27 Adult XXXL $29
Red Athletic Bag with Water Bottle $14.00
Travel Wallet with WPPA Embossed
Emblem $14.00
Includes small atlas, pad of paper, pen, and place
for credit cards/cash.
T-Shirt
White with Navy Lettering, Black with Gold Lettering
Adult M, L, XL $10 Adult XXL $12
Hooded Sweatshirt
Gray with Navy Lettering (WPPA)
Adult M, L, XL $23 Adult XXL $25
Hooded Sweatshirt
Gray with Navy Emblem (while supplies last)
Adult XXL $25
Replica of a Ford Crown Victoria
Police Squad Car $25.00
by Gearbox® Toys and Collectibles.
Cars include rubber tires; a detailed
engine, interior and undercarriage;
workable doors, hood and trunk; over
60 parts; die-cast metal; poseable
wheels; authentic graphics; and sequential identification numbering.
Not Pictured:
Gun Fanny Pack, Black $20
CASUALTY CROSSING
An abused runaway who won’t reveal his identity. A social worker on a mission. An outspoken police
detective on the verge of losing his job. A meddling ex-wife with her own law firm. A collision of
personalities. Welcome to Casualty Crossing.
If you ask him, Detective Toby Jenkins will tell you that he’s been on the poor side of luck for the past
decade. Maybe he’s right. Now he finds himself embroiled in a battle with his bosses at the Madison
Police Department. They don’t like his attitude and he doesn’t think too highly of theirs, either.
Due to one of his miscues, TJ has been banished to administrative duties and is dying a slow death
behind a desk. But, on one fateful day when detectives are scarce, TJ is assigned to handle the
case of a battered runaway boy who
wound up in a Madison hospital emergency
room. TJ takes a chance to change the
child’s life and in the process, he must
slay a few of his own demons in order
to succeed.
A tough subject addressed with
compassion and a little humor while
recognizing the realities of abuse,
Casualty Crossing is more than a fictional
snapshot into life: It’s a study in character.
Order through your local
bookstore, any major
Internet bookseller or
www.kevinhugheswrites.com
“. . . Casualty Crossing is some of the best
detective fiction that I’ve read in quite
some time. Author Kevin Hughes has a real
winner here. Well done!”
– Ghostwriter Literary Reviews
MERCHANDISE ORDER FORM
Quantity
Description
Size
Enclose check or money order for the full amount. Sales tax and shipping are included.
Mail to:
WPPA
340 Coyier Lane, Madison, WI 53713
Price Each
Total
TOTAL $_________________
Sold to:
Name______________________________________________________________________________
Address___________________________________________________________________________
City_______________________________________________ STATE _______ ZIP_________________
Daytime Phone_____________________________________________________________________
Ship to: (if different from “sold to”)
Name______________________________________________________________________________
Address___________________________________________________________________________
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Above: Perfect Time Travel Alarm Clock $16
Gun metal with black imprint, “WPPA Since
1932.” Includes batteries and travel pouch.
Please provide your daytime phone, in case we have a question, and your
full address for proper delivery. Allow four weeks for delivery. All prices
and design are subject to change without notice.
Right: Zippered Portfolio, with WPPA Embossed Emblem
Small 9x7 $14; Large 10x13 $23
Leather Calendar Cover, with WPPA Embossed Emblem $10
WPPA Patch $3
Below:
Roadmate Auto Set $12
Includes tire pressure gage, flashlight, and pen in case.
WPPA
CASTS A GIANT
SHADOW
WPPA
WISCONSIN PROFESSIONAL POLICE ASSOCIATION
340 Coyier Lane  Madison, WI 53713
800-362-8838