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___________________________________________________________________________ City_______________________________________________ STATE _______ ZIP_________________ 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