Celebrating 60 Years of Service

Transcription

S &S
TAR
Celebrating 60 Years of Service
December, 2006
HIELD
The Official Publication of the Safety Employees’ Benefit Association
SAFETY EMPLOYEES’
BENEFIT ASSOCIATION
555 North ‘E’ Street, San Bernardino, CA 92401
(909) 885-6074 • (800) 655-7322
FAX (909) 381-9364 • www.seba.biz
Focus Line (909) 386-7807
Office open Mon.-Fri., 7:30am - 5:30pm
EXECUTIVE BOARD OF DIRECTORS
William Abernathie, Jr., President
(909) 885-6074; E-mail: [email protected]
Ken Lutz, Vice-President
(760) 241-2911; E-mail: [email protected]
Kristen Riegel, Secretary
(909) 386-8401
Colin McKenzie, Treasurer
(909) 578-4423
STAFF
Jim Erwin, Chief of Administration
E-mail: [email protected]
Michael Eagleson, Chief of Labor Relations
Nancy Tate, Senior Field Representative
Mary Blanco, Senior Field Representative
Ellen Monsalve, Executive Assistant
Mary Hahn, Membership Secretary II
Ruth Perez, Administrative Secretary II
Esther Aguilar, Membership Secretary I
Michael Tulisiak, Events/Fundraising Director
STATION DIRECTORS
Sergeant at Arms...Stuart Osborne
Adelanto...Jason Grantham
Adelanto Detention Center...Paul Lopez
Apple Valley...Joshua Moody
Aviation...Mike Ells
Barstow...Marie Spain
Big Bear...Joe Cottrell
CDC...Jeri Caperton
Central Station...Daniel Armenta
Chino Hills...Dan Babel
Colorado River...Darryl Weart
Coroner...Andy Avery
Ct Svcs Desert...Jason Patrick
Ct Svcs East...Dean Swan
Ct Svcs West...Amy Kennedy
D.A. Desert...Allen Maxwell
D.A. West...Paul Amicone
Fontana...Henry Sanchez
GHRC...Paul Franklin
Hazmat...Curtis Brundage
Hesperia...Ray Santa Cruz
Highland...Laren Leichliter
Morongo...Dale Mondary
Narcotics...Daniel Finneran
Probation East...Monica Yanez
Probation Desert...Vacant
Probation West...J.T. Reece
Probation Corrections...William Forrester
Probation Corrections WVJH...Ernestine McKinney
Probation Corrections HDJDAC...Eugene Todd
Rancho Cucamonga...Robert Hards
Retired...Ken Gopperton
Scientific Investigations...Hiram Evans
Specialized Investigations...Roxanne East Logan
Transportation..Marvin Morton
Twin Peaks...Tracy Klinkhart
Victor Valley...Vacant
Victorville...Robert Johnson
Welfare Fraud...Harry McLelland
WVDC...Brian Fratt
Yucaipa...D.J. McCarty
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SEBA
STAR &SHIELD
INSIDE
Chief of Administration’s Corner ..........................................................................................3
Christmas Open House ........................................................................................................3
President’s message ...........................................................................................................3
Chief of Labor Relations Corner ...........................................................................................4
Field Representative Assignments ........................................................................................4
Labor Relations ...................................................................................................................6, 7
Military Matters ...................................................................................................................8
‘Required by Employer’ Attitude ...........................................................................................9
Assault on 4850 Benefits Rejected ......................................................................................10
Memorial ............................................................................................................................11
SEBA Board Minutes ...........................................................................................................12
Sacrifice – In the Line of Duty ..............................................................................................18
Medical emergency leave donation requests ........................................................................20
Welcome New Members .....................................................................................................22, 23
Business Directory ..............................................................................................................24, 25
Ticket Prices .......................................................................................................................26
Association Financials .........................................................................................................27
Know your Legislators .........................................................................................................27
CALENDAR
DECEMBER
Monday
Fore the Cops & Kids
Golf Tournament
4
Wednesday
SEBA Board Meeting
6
Thursday
Pearl Harbor Day
7
Saturday
Shop With a Cop
Victorville Target Store
9
Wednesday
SEBA Open House
11:00 – 3:00 p.m.
13
Saturday
Shop With a Cop
San Bernardino Target Store
16
Friday
First Day of Winter
22
Monday, Tuesday
Christmas Day
SEBA Office Closed
25, 26
JANUARY
Thursday
14
• Inland Chapter PORAC Meeting
6 p.m., Castaways in San Bernardino
• Footprinters Meeting, Noon,
Shandin Hills
Monday, Tuesday
New Years Holiday
Office Closed
1&2
Wednesday
SEBA Board Meeting
6
Monday
Martin Luther King Day
15
Thursday
18
• Inland Chapter PORAC Meeting
6 p.m., Castaways in San Bernardino
• Footprinters Meeting, Noon,
Shandin Hills
The Star and Shield is the official publication of the Safety Employees’ Benefit Association published under the supervision of its Board
of Directors. Opinions expressed by writers do not necessarily reflect those of SEBA or any members of the Board of Directors. The
presence of paid advertising in this publication does not represent a guarantee, express or implied, by the Association, regarding the
merchants or service providers advertising herein. Subscriptions for non-members are $6.00 per year. Entered as third class bulk mail,
postage paid San Bernardino, CA usps 529.
SEBA Mission Statement
SEBA is dedicated to protect and promote the well-being and image of
its members in the areas of: Collective bargaining; Protection of
member rights; Political action to promote the goals of the Association;
Services of benefit to the member; and Community involvement
PRESIDENT’S MESSAGE
By Bill Abernathie
ELECTION RESULTS
must say our Association
was very successful in the
General Election which
was just held here in California. Of the thirty-one political
issues we took positions on, we
were winners in twenty-seven.
We were unfortunate to lose
the Governor’s race. This one
was critical because of the past attacks by Governor Schwarzenegger on our pensions and political
voice. He has promised that he learned a big lesson with the defeat of his Initiatives last year. Let
us hope he learned Public Safety is not the enemy
to the State Budget.
District 1 Supervisor Bill Postmus was successful in his bid for the Assessor job. He has been
very supportive of Public Safety over the years
and he will be greatly missed. I wish him the best
of luck in his newly elected position.
All of the races this year were important, but
none more so than the Rancho City Council elections. The incumbents, Rex Gutierrez and Diane
Williams were being challenged by Dieter
I
You are cordially invited to attend the
Safety Employees
Benefit Association
Christmas
Open House
Wednesday, December 13, 2006
11:00 a.m. 3:00 p.m.
555 North E Street
San Bernardino
We look forward to seeing you there!
Please see President, p. 15
CHIEF OF ADMINISTRATION’S CORNER
Political Effort Pays Off
By Jim Erwin
he contentious
battle over
control of the
Rancho Cucamonga City
Council came to a
conclusion on
November 7th with the re-election
of Councilmembers Rex Gutierrez
T
and Diane Williams. In addition,
there was the added bonus of Don
Kurth being elected Mayor. Kurth
defeated three-term Mayor Bill
Alexander and handed Alexander
his first ever political defeat.
The election was a clean sweep
and the second time in two years
that SEBA has been drawn into
Rancho’s politics, due primarily to
the antics of the Rancho Cucamonga Professional Firefighters As-
sociation. The fire union has attempted at several junctures to try
and convert an apparent 3-2 majority against their issues into a majority
that favored giving them greater
compensation. Ironically, individuals the fire union endorses are always
politically aligned with Mayor
Alexander, whose attitude towards
the Sheriff’s Department is lukePlease see Chief, p. 26
SEBA
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CHIEF OF LABOR RELATIONS CORNER
LDF Coverage
By Michael Eagleson
his article is intended to present an
overview of the Legal Defense
Fund (LDF) coverage you have
been provided as a member of SEBA.
SEBA receives it’s LDF coverage through
PORAC. This fund is administered by a
Board of Trustees with the assistance of
Delta Health Systems Administrative Corporation.
The Trustees are PORAC members elected one from
each of the PORAC Regions. San Bernardino County
Sheriff’s Sergeant Tony Dececio is the Trustee for
SEBA’s region.
SEBA is enrolled in Benefit Plan III – Civil, Criminal and Limited Administrative Actions. Under Plan
III you are entitled to the following services; 1) legal
representation in any civil or criminal action; 2) legal
representation for administrative disciplinary actions
that involve the discharge of a weapon or where serious
injury or death occurs; 3) where a Miranda warning has
been given to the officer and is not followed by a Ly-
T
FIELD REPRESENTATIVE ASSIGNMENTS
Your Association has instituted a procedure of dividing up
representation based upon your duty station. Should the need arise
for representation, or if you have any questions regarding your
MOU or any other issues, please call the Association office at
(909)885-6074 or (800)655-7322 and ask for your Field
Representative listed below. Please note: If you have a legal
emergency after hours or on weekends, call the Association office
and you will be connected with our answering service. They will
contact the on-call Field Representative immediately.
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MARY BLANCO
NANCY TATE
Adelanto Detention Center
Adelanto
Apple Valley
Apple Valley Fire
Barstow
Chino Hills
Communications – Deser t
Coroner
Cour t Services – Victorville
Cour t Services – Rancho
District Attorney
Hesperia
PCO – HJDAC
PCO – West Valley
Probation – Victorville
Probation – Rancho/West
Rancho Cucamonga
Transpor tation
Victor Valley
Victorville
WVDC
Academy
Aviation
Big Bear
Big Bear Fire
Central Station
CDC
Colorado River/Needles
Communications – Valley
Cour t Services – Central
Cour t Services – Redlands
Fontana
GHRC
HAZMAT
Highland
IRNET
Morongo
Narcotics
PCO – Central
Probation – Central/East
Scientific Investigations
Specialized Detectives
Twin Peaks
Welfare Fraud
Yucaipa
SEBA
STAR &SHIELD
barger or Garrity admonition; 4) the officer has been
given a Proposed Order of Discipline in the form of a
suspension of more than forty hours or the financial
equivalent. In cases where a Proposed Order of Discipline in an administrative disciplinary action is the financial equivalent of forty hours or less, you are entitled
to a SEBA Field Representative.
Typically, when an officer’s case is strictly administrative, you will be represented by a field representative for your Administrative Interview and the Board
of Chief’s hearing for members who work for the Sheriff’s Department. All other members will be represented by a field representative for their administrative
interviews. After you receive your Proposed Order of
Discipline, it will be determined whether an attorney
or field representative will handle the case through the
Skelly hearing and the Civil Service Commission
process if needed. SEBA
You are cordially invited to attend the
Safety Employees
Benefit Association
Christmas
Open House
11:00 a.m. 3:00 p.m.
555 North E Street
San Bernardino
We look forward to seeing you there!
LABOR RELATIONS
Writing Memos
By Nancy Tate
f you are involved
in an incident
where you are ordered to write a
memo, you have the
right to have a representative review the
memo prior to turning it in. If the
memo has information in it about
your actions, non-actions, or anything else that can lead to possible
discipline, you have the right to representation.
If that incident turns into an internal affairs investigation, your
memo is what the sergeant is going
to refer to when interviewing you.
That memo needs to contain your
actions and your observations. It is
your responsibility to report every-
I
thing that occurred accurately and
completely, and is another reason
why you should have your field representative review it. If you are new
and have never written a memo before, we can also assist you with
that.
I have gone to internal affairs interviews and station level interviews
where the deputy or officer has written a memo documenting the incident. In almost every interview, I
had no prior knowledge of the
memo. If you are going to call us to
represent you in the I.A. interview,
then it would make sense to call us
when you have to write the memo.
As I said in a previous article,
getting us involved from the beginning puts us in at the middle of the
investigation and we don’t have to
play “catch up.” Even if you think
Sellers and buyers call me for
law enforcement specials.
6
SEBA
STAR &SHIELD
the incident is not going to turn
into a formal complaint or go any
further, if you write a memo, it
never hurts to have one of us look it
over before you turn it in.
Some people are wary of calling
us because they think it reflects negatively on them. I hope that this is
a mentality we can get rid of. But if
you are one of those people, I just
want to remind you that every
phone call to us at SEBA is confidential. If you are concerned it will
get back to your supervisor, it won’t
come from us. I want everyone to
be comfortable with asking us for
help. That’s what we are here for.
We are here to look out for your
best interests and advise you accordingly. Please contact your
field representative if you have
any questions. SEBA
LABOR RELATIONS
Services Provided by the Labor Staff
By Mary Blanco
he SEBA
labor staff
provides the
following services:
Contract Interpretation – If you
have any questions
on provisions contained in the contract/Memorandum of Understanding, you may
call us and we will let you know if
there is a contract provision, and
if so, what it states. Normally, we
will do it while you wait on the
phone, or we may have to call
you back in case there is a possibility of a past practice involved.
Either way, these questions can
usually be handled the same day
or at the very latest the next day.
Representation at Investigatory Interviews and Assistance
in the Appeal Process – If you
are contacted by your sergeant,
Internal Affairs, Professional
Standards or a superior who states
they need to conduct an investigatory interview in which you are
a witness or the focus, contact us
so that we may assist you with
this process. Be careful! They
may tell you that you are a witness, but you can easily shift to
being a focus based on the information you provide in the interview. Normally, we will meet
with you prior to the interview to
familiarize ourselves with your situation/incident. We will then
prepare you for the interview by
telling you what questions you
can expect to be asked and generally how the investigatory inter-
T
I have seen members
terminated for minor
violations, not for the alleged
violation, but because it was
determined that they lied
during their interview.
views are normally held. We will
never tell you to lie! As peace officers you must be honest. You
have heard the saying that if you
lie you die. I have represented
members who have had serious allegations levied against them but
they have been able to keep their
job by telling the truth even
though they may have been subjected to discipline. On the other
hand, I have seen members terminated for minor violations, not
for the alleged violation, but because it was determined that they
lied during their interview. If discipline does result based on the
findings of the investigation, we
will assist you with the appeal
process. We go through the appeal process on a regular basis so
we know how best to present your
defense. For example, if you are
guilty of the alleged violation,
were there any mitigating circumstances that will assist the decision maker to understand why
you did what you did? This can
go a long way to either having
the discipline rescinded or reduced. I recently had a member
call me to inform me he was
being scheduled for an interview
as a witness. In the recent case,
the deputy explained the situation to me. He believed he didn’t
need a representative. Based on
what he told me I could not see
any way he could become a focus
so I agreed with him that in his
case it was probably okay to go
alone. However, I offered to go
despite the fact that it was to be
held late at night. We will represent you even though the interview is scheduled for the evening.
That’s part of our job – the willingness to work whatever hours
are necessary to represent you.
Employment Related Questions – We can provide you with
assistance to questions such as
your rights under the California
Family Rights Act (similar to the
Family Medical Leave Act), Pregnancy Disability Leave, Americans with Disability Act etc. I
have also worked as a Worker’s
Compensation adjuster so I am familiar with the process. While
SEBA does not represent you
with your Worker’s Compensation claim, I can explain the
process to you and provide answers to questions you might have
in regards to your particular situation. Peace Officers need to be
extremely careful with any permanent restrictions they may receive
as a result of a Worker’s Compensation injury, so it’s best to call
prior to getting to this point in
your case. I recently received a
call from a member who was returning from military leave. He
wanted to know what his rights
Please see Services, p. 19
SEBA
STAR &SHIELD 7
MILITARY MATTERS
Members on Military Leave
Geffrey Cooper,
Deputy Sheriff
Allen Freeman,
Deputy Sheriff
Omar PalaciosReal
Deputy Sheriff
Jason Frey,
Deputy Sheriff
Edgar Plasencia,
Probation Officer
Family Pride
Staff Sergeant Stephen C.
Swerline, Jr.
U.S. Air Force. Son of Retired Deputy
Stephen C. Swerline
Sergeant Valerie Everhart
CA Army National Guard, daughter of
Victoria Everhart
Richard R. Jones III
1st Lt. U.S. Air Force, fighter pilot
Son of retired Sheriff’s Sergeant
Richard R. Jones.
Specialist Ryan Cardwell
U.S. Army 101st Airborne
Division – in Iraq
Son of Kimberly Cardwell,
Supervising Probation Officer.
SPC James L. Turton
U.S. Army In Uzbekistan. Son-in-Law
of Jim Dawson, Needles Station.
Lance Corporal Christopher Martin
U.S. Marine Corps, serving in
Iraq, son of Detective Wayne
Martin, SBSD Criminal
Intelligence.
Staff Sergeant Robert Simendich
U.S. AF Elmondorf, AL
Son of retired Lt. Robert Simendich,
CDC.
Master Sergeant Damon D.
Mann, USAF
Son of David Mann, Probation
Officer.
SPC. Anthony Alonzo
U.S. Army, First Cavalry, stationed in
Iraq, son of Deputy Daniel Alonzo,
West Valley Detention Center.
Senior Airman First Class
Leann Bauer
USAF deployed in Afghanistan
Daughter of Dave Bauer, deputy
at Adelanto Detention Center
Christopher
Cincotta, Deputy
Sheriff
Benjamin Pedroza,
Deputy Sheriff
Stephen Hughes,
Deputy Sheriff
Join SEBA’s “Family Pride”
Honoring the military members of our extended SEBA family
HT4 Mark W. McDonald
U.S. Navy - USS Pearl Harbor. Son of
John McDonald, Welfare Fraud
David Page,
Deputy Sheriff
Richard E. Blanchard
Airman 1st Class
USAF, Anderson AFB, Guam
Son-in-Law of Deputy John
Smith,
Twin Peaks Station
MASN Troy Atkinson
U.S. Navy
Quantanamo Bay, Cuba
son of Sgt. Don Atkinson/WVDC
Air Force Lt. Col. Richard
Wickum
Son of Tom Wickum, Assistant
Sheriff, Retired
o you have family members or loved ones serving in the War on Terrorism?
If so, and you would like to recognize them in the Star and Shield, please fill
out the questionnaire below and return it to SEBA. We will recognize your
family member in the “Family Pride” section of the Star and Shield.
D
Service Person’s Name
Service Person’s Rank
Branch of Service
Your Name
Ensign Daniel James Breeden
U.S. Navy, USS Decatur DDG73
Son of Lester Breeden, Retired,
Sheriff’s Dept.
Michelle Gaul, Builder 3rd Class
U.S. Navy Seebees. Daughter of
Shelby Gaul, Detective
Brenda Gaul, Dental Technician 2nd
Class
U.S. Navy. Daughter of Shelby
Gaul, Detective
Lance Corporal Joseph A. Wood, US
Marine Corps
Grandson of John J. Quinn,
Coroner/retired.
MK1-lst Class Petty Officer
Eugene R. Cavenaugh
Coast Guard, San Diego Fleet
Training Group,
San Diego. Son of Sgt. Patrick
Cavenaugh, Detectives
AAE2 Chris Thomas
U.S. Navy, USS Kitty Hawk
Son of Mike Martinez, Probation
Officer, West Valley Juvenile Hall
8
SEBA
STAR &SHIELD
Dominic Buscemi
AFG 82nd Airborne, Bravo
Company, 504th
Son of Deputy of Tony Buscemi,
Hesperia Station.
PFC Jay Spear
U.S. Army 101st Airborne,
Baghdad
Son of Sergeant Steve Spear
Court Services Joshua Tree
Your relationship to the Service Person
Staff Sergeant Mike Spear
U.S. Army, 25th Infantry Division
Spc. James Barnett
US Army, 3rd Infantry Division
Son of Helen Winters, Deputy
Sheriff, Retired
Staff Sgt. Anthony Crismon
USMC 2/1, 13th MEU. Son-inlaw of Sgt. Craig Edmunds, C/S
Victorville.
PFC Jay Spear
U.S. Army 101st Airborne,
Baghdad
Cpl Azarial Rainey
US Marine Corps (In Iraq)
Son of Vicki Rainey-Aubry
Probation Officer
Staff Sergeant Mike Spear
U.S. Army, 25th Infantry Division
Airman First Class AF U.S.
Eduardo Narvarte
Son of Robin Real
Sheriff’s Deputy, Spec. Inv.
Captain Jacques Wilson
USAF
Brother of Chantae Williams,
Coroner's Office
Sgt. Valerie Everhart
Co.C 297th BN, Serving in Iraq
Daughter of Deputy Steven
Everhart, USMC Retired
SBSD - Morongo Station
Chief Warrant Officer II Chris
McConnell
U.S. Army, 25th Infantry
Division, In Mosul, Iraq
Son of Deputy Craig McConnell,
Aviation Department
Lt. Col. Robert T. Ault
Army/Aviation - Baghdad
Son of Robert E. Ault, Retired,
Sheriff’s Dept.
Your Department
Airman Trevor Beck
US Air Force
Son of Greg Beck, HSS Program
Integrity, Welfare Fraud
Your daytime phone number (this will be kept confidential)
Fax to SEBA at (909)381-9364, or email this information to [email protected].
Free Dues While You Are Deployed!
If you have orders for deployment in the fight against terrorism,
please contact the Association office. With a copy of your orders, you
may be eligible to have your basic Association dues waived during the
time you are away.
Just our way of saying “thank you” for taking the next step in defending our national freedoms.
Care packages for members serving in the military
Do you want to get involved in sending care packages to SEBA members who are currently serving our country in the military? Well, YOU
CAN! Every other month, SEBA will be sending care packages directly
to our members who are deployed either overseas or in the United States.
You can get involved by bringing to SEBA or giving to your Station Director any of the following items: 1. Personal care/sundries 2. AT&T
calling cards (MCI doesn’t work in some places) 3. Gift cards for WalMart, Sam’s Club or Costco 4. Disposable cameras 5. A letter from
you!
GOD BLESS AMERICA!
FEATURES
‘Required by Employer’ Attitude
Taxpayer Must Only Show Expenditure is ‘Ordinary and Necessary’
Reprinted from PORAC Law Enforcement
News, October, 2006. By Timothy E. Kelly,
Kevin Rego & Dennis Pytel
e have just returned
from a grueling week in
Southern California
dealing with the IRS as they continue to aggressively audit several
hundred police officers based
upon their choice of a single,
honest tax preparer. In these audits, we found standards being applied we have never seen before.
Quite a few of these examinations were being conducted by a
retired police manager who is now
an IRS auditor. He seems to have
fun in his post-retirement job, but
he is clueless when it comes to tax
law.
In audit after audit, he arbitrarily used his “experience” to disallow things like back-up guns,
ballistic vests, narcotics classes for
patrol officers and a host of other
police items.
His arguments were that if the
department did not “require”
these items, then they were not
W
deductible when purchased by police officers. When we attempted
to argue the law, we were essentially told he would not consider
our argument. These cases will all
eventually be settled by real tax
law experts, who are the IRS appeals officers.
We have encountered this “required by the employer” attitude
before. Often enough that we
will briefly discuss the topic in the
event one of our readers is audited, and chooses either to represent themselves, or to bring along
one of the many so-called tax professionals we have encountered
who have less legal training than
a first-year cop.
There are two classes of items
police officers deduct when they
buy equipment and supplies for
their job. A very few items fall
into a class called “listed property” in the tax code. The primary two items in this category
are a computer or use of a vehicle.
The second category is everything
else.
Some auditors may try to tell
you cell phones are listed property, and in many cases that is
true. The Treasury Regulations,
however, exclude communications equipment from the definition of listed property when used
in a trade or business, such as law
enforcement.
In the case of listed property,
the use must be “required as a
condition of employment” and
“for the convenience of the employer.” In addition, very strict
standards apply for substantiation.
This is why having a mileage log
for those of you who drive many
miles to court, the range, training
and temporary work locations, is
so important.
It is also the reason defending
the deduction of home computers
is an almost impossible task.
While these requirements do not
really mean the employer must require the employee to have them,
it does mean the taxpayer must
show how the item is essential to
the proper execution of their job.
Please see Required, p. 21
SEBA
STAR &SHIELD 9
FEATURES
Assault on 4850 Benefits Rejected
Compensation Appeals Board. On July 13, 2006,
the trial court ruled the two-year limitation on temhen a safety officer sustains an injury on
porary disability in Labor Code section 4656(c) was
duty (IOD) that results in a leave of abnot applicable to Labor Code section 4850. The
sence, Labor Code section 4850 provides trial court noted, “In this case, as well, to limit the
full salary for one year in lieu of the state-mandated period in which to exhaust the 4850 leave of abtemporary disability benefit. The one year of 4850
sence to 104 weeks would defeat the statutory purpay provides an immediate safety net for the dispose.”
abled officer while he/she is recovThe Weber decision was the
ering from the effects of the work
first judicial opinion to decide
injury. 4850 pay is the difference
that the two-year limitation on
As
evidenced
by
new
between financial stability and fitemporary disability did not apply
nancial ruin. The law was enacted insurance carriers entering to 4850 pay. Officer Weber did
to protect safety officers who were
prevail but he is not out of the
the
state,
the
reform
seems
forced off work as a result of a
woods. The City can still drag out
to be working in favor of the case with additional appeals
work injury (IOD).
SB 899’s radical overhaul of the the insurance companies. while continuing to deny the 4850
workers’ compensation system inThe same cannot be said pay, forcing Weber to burn sick
cluded a new two-year limitation
and vacation time.
for
employees
in
the
state
on the payment of temporary disSB 899 was signed into law
ability. Labor Code section
April
14, 2004 by Governor
of California, especially law
4645(c) limits disability payments
Arnold Schwarzenegger. As evienforcement.
for a single injury. The disability
denced by new insurance carriers
payments shall not extend more
entering the state, the reform
than 104 compensable weeks
seems to be working in favor of
within a period of two years from the date of comthe insurance companies. The same cannot be said
mencement of temporary disability payments. The
for employees in the state of California, especially
new law had yet to be tested against 4850’s one
law enforcement.
year of salary. Then came the case of Michael
There is hope the far-reaching and negative efWeber v. City of Long Beach Police Department.
fects of SB 899’s work comp reforms, like the twoMichael Weber is a police officer employed by
year limitation on temporary disability, will be
the City of Long Beach. Officer Weber sustained an subdued by constant vigilance. Will the employers
injury to the knee while on duty on June 22, 2004.
embrace the keen wisdom of the trial court in the
Weber was on leave of absence requiring 4850 pay.
Weber case? Time will tell.
The City denied the 4850 pay citing Labor Code
section 4656(c).
About the Author, John A. Ferrone is a partner in
The City contended that since Officer Weber’s
the law firm of Adams, Ferrone & Ferrone, specializing
past benefits “commenced” more than 104 weeks or in the representation of public safety in labor negotiatwo years from the April 2004 injury, Labor Code
tions, internal affairs investigations, worker’s compensasection 4656(c) bars any further 4850 pay even
tion, personal injury and retirement. Adams, Ferrone
though Officer Weber had over 10 months of un& Ferrone is located in the Westlake Village with offices
used 4850 pay.
in Bakersfield, Newport Beach, and San Diego. If you
The City forced Officer Weber to a hearing behave further questions about this article please e-mail infore an Administrative Law Judge at the Worker’s
quiries to [email protected]. SEBA
Reprinted from Silver Star, October 2006. By John A. Ferrone, Esq.
W
10SSEBA
TAR &SHIELD
MEMORIAL
CALIFORNIA PEACE OFFICERS MEMORIAL
2006 In Remembrance
Lieutenant Michael Walker
CHP - Santa Cruz
EOW: December 31, 2005
Officer Richard May
East Palo Alto Police Department
EOW: January 7, 2006
Officer Earl Scott
CHP Modesto
EOW: February 17, 2006
Officer Gregory J. Bailey
CHP- Rancho Cucamonga
EOW: February 25, 2006
Deputy Pierre W. Bain
Los Angeles County Sheriff’s
Department
EOW: March 23, 2006
Deputy David Stan Piquette
Los Angeles County Sheriff's
Department
EOW: July 7, 2006
Officer Nick Birco
San Francisco Police Department
EOW: July 26, 2006
Officer Brent Clearman
CHP - Oakland
EOW: August 6, 2006
Honoring Our Fallen Officers
www.camemorial.org • [email protected]
SEBA
STAR &SHIELD11
SEBA BOARD MINUTES
REGULAR MEETING OF THE BOARD OF DIRECTORS, Nov. 8, 2006
CALL TO ORDER
Meeting was called to order by
President Abernathie at 1207
hours.
Pledge of Allegiance
Moment of Silence
GUEST SPEAKERS
Jeff Briton – Public Safety
Charter School – Jeff Briton
addressed the Board to request a
donation to assist the Public
Safety Charter School located at
the San Bernardino International
Airport in buying badges for
students.
SECRETARY OF THE BOARD - K. RIEGEL
Swearing in of new Board
Officers and Board Members
Recognize alternates – Motion
by Dean Swan, second by Lauren
Leichliter to recognize the
following alternates for the 20072008 Board of Directors: Helen
Brunson for Big Bear; Doug Feil
for Probation Corrections
WVJDC; Robin Real for
Specialized Detectives; Lisa
Webster for Probation East;
William Payne for WVDC; and
Julie Migaiolo for Court Services
Central. Motion carries. Motion
2006-11M-08
Approve Minutes – October
11, 2006 - Motion by William
Forester,second by Roxanne
Logan, to approve the minutes of
the Board of Directors Meeting of
October 11, 2006 as submitted.
Motion carries. Motion 200611M-01
PRESIDENT’S REPORT - W. ABERNATHIE
Shop With A Cop –
12SSEBA
TAR &SHIELD
Volunteers are needed for the
2006 Shop With A Cop. We
need 500 volunteers, so if you
would like to volunteer, contact
the office.
Certify SEBA Board of
Directors Election Results –
Motion by Ken Gopperton,
second by Robert Hards, to certify
the election results for the 20062008 Board of Directors as valid
and authorize the destruction of
the ballots after thirty (30) days.
Tattoo Policy – SEBA will be
meeting with the Sheriff to
discuss the current Tattoo Policy.
SEBA is encouraging the Sheriff
to adopt a policy in line with
Local 935 (County Fire) and
Probation that is more reasonable
than the County’s policy. All
new hires are being made aware
of the new policy.
SEBA’s Christmas Open House
Dec. 13, 2006
Special Election – Probation
Desert and Victor Valley Stations
– An attempt to conduct
elections for the two stations was
conducted with zero response.
The positions will stay vacant
until the next Desert Region
election.
TREASURER’S REPORT - C. MCKENZIE
Fund Balance Report
Total Fund Balance $3,538,063.60
Budget Report
Current Budget Target 33.30%
Current Revenue Percent 30.60%
Current Expense Percent 30.40%
Motion by Robert Hards,
second by Roxanne Logan, to
approve the Treasurer’s Report as
submitted. Motion carries.
Motion 2006-11M-03
CORRESPONDENCE
Thank you card from Val
Peters
Thank you letter from Apple
Valley Fire
MEMBERSHIP REPORT - W. ABERNATHIE
Membership Status: Safety –
1456; Safety Management – 191;
Exempt – 17; Probation - 300;
Specialized – 441; Specialized
Supervisory – 111; Special
Districts – 30; Associate –
General – 51; Associate –
Firefighter – 56; Reserve – 19;
Retired – 652; Total: 3328
ADMINISTRATIVE REPORT - ERWIN
Probation Unit Challenge –
Probation Unit is petitioning the
County to be recognized as the
San Bernardino County Probation
Officers’ Association and break
away from SEBA. A hearing has
been set for February 2007.
Update Relocation / New
Office – Final plans for the tenant
improvement plans will be
submitted to the City of San
Bernardino Building and Safety
for approval. Once the plans
have been approved, the
improvements will be made for a
proposed February 1, 2007 move
in.
Update Building Sale –
SEBA met with a real estate
broker last week to discuss listing
the current building. The
building will be placed on the
Please see Minutes, p. 13
Minutes
Continued from p. 12
& Silver advised SEBA to take no
action on the financial request.
P.O.R.A.C. REPORT - W. ABERNATHIE
market for $700,000 – $800,000.
$190,000 is owed on the current
building.
Revised Budget – Motion by
Robert Hards, second by Darryl
Weart, to approve the submitted
revisions to the 2006-2007
budget. This will produce a
$68,890 gain to the General
Fund. Motion carries. Motion
2006-11M-04
Retirement Subsidy Legal
Opinion – It is the opinion of
legal council, that SEBA should
not participate with retirees who
wish to bring a lawsuit against
the Retirement Board for not
making San Bernardino County
contribute monies to the
retirement fund. Silver, Hadden,
Annual PORAC Meeting will
be held at Disneyland beginning
on November 16-19.
from patrol could qualify them for
transfer sooner to another patrol
station than trying to transfer
from patrol station to patrol
station. SEBA will be reviewing
the settlement agreement.
Labor Report 2006 Update –
See report.
INSURANCE TRUST REPORT - K. LUTZ
PORF Meeting immediately
after Board Meeting
LABOR REPORT - M. EAGLESON
Pending Grievances – A
settlement agreement has been
submitted to SEBA for the
Transfer Policy Grievance.
Deputies who elect to return to
corrections from patrol cannot
use seniority to transfer to
another patrol station for up to 18
months. Some deputies were
under the impression by
transferring back to corrections
CONSENT CALENDAR
The following items will be
approved at one time unless
removed for discussion by a
member of the Board. All
removed items will be taken up
under Deferred Items.
Donation Request – National
Community Renaissance –
Motion by Robert Hards, second
by William Forester, to approve a
donation request of $10,000 to
National Community
Please see Minutes, p. 16
SEBA
STAR &SHIELD13
Our work can be dangerous.
Be Safe Out There this
Holiday Season
From the SEBA Staff
FOR YOUR HEALTH ...
Wallace G.
Gosney, MD, Inc.
591 N. 13th Ave., Suite 6
Upland, CA 91786
(909) 946-6221
14SSEBA
TAR &SHIELD
President
Continued from p. 3
Dammeier for the two City Council seats. Mayor Bill Alexander
was being challenged by past City
Council member Don Kurth.
SEBA supported Gutierrez,
Williams and Kurth because they
all supported the Sheriff’s contract and had our best interests in
mind when it came to the running of the City. It was a very
contentious battle. Nobody
thought the Mayor could be beat.
Well guess what, we won all three
races. Our two City Council candidates soundly defeated
Dammeier and the Mayor’s race
was won by Kurth. It was a great
day for the City of Rancho Cucamonga and it’s residents. Our
contract is secure. I want to
thank all of the Deputies, Explorer Scouts and other volunteers who helped win these races
for us. It will be the City that
benefits the most out of the win
and that’s a good thing.
PORAC CONFERENCE
The annual PORAC conference was held at the Disneyland
Hotel this year. Elections were
held for President, Vice-President
and Treasurer. Ron Cottingham
was re-elected as President, Mike
Durant was elected as Vice-President and Russ Reinhart was
elected as Treasurer.
I had many discussions with
other Association leaders at the
conference in regard to the Rancho Cucamonga City Council
race. The total disregard of the
“Hometown Rule” by several associations both in this county and
out has many people upset. This
will be a major topic of discussion
at our next Board meeting when
PORAC President Ron Cottingham, PORAC Legal Defense
Trust Attorney Larry Friedman
and our attorney Steve Silver attend as guest speakers to talk
about this issue. I am hopeful for
a positive resolution, but have
also been preparing for the worst.
RETIREE SUBSIDY UPDATE
Retired member Larry Malmberg came to our September
Board meeting looking for assistance with a possible lawsuit or
other action in regards to the Retirement Board’s direction of contributions into the system. I was
directed by the Board of Director’s to contact our law firm and
obtain an opinion.
Steve Silver delivered a written response to this office on October 27th. It is his opinion that
SEBA would be in violation of
agreements that were made when
the 3% at 50 retirement benefit
was negotiated. He also believes
from SEBA’s prospective, the successful prosecution of such litigation could only disadvantage
employees it currently represents.
It was the Board of Director’s decision not to become involved in
this issue.
ANNUAL CHRISTMAS OPEN HOUSE
SEBA will be having its annual
open house at the office on December 13th, from 11:00 a.m. to
3:00 p.m. This will be the last
open house at our current office.
We have a target date of February
1, 2007 for the new office to be
up and running.
MAIL SOLICITATIONS
I was recently contacted by a
member who asked some very important questions in regards to a
mailer that was sent out in SEBA
envelopes. His concerns are valid
and dealt with several issues. I
apologize now for not doing a
cover letter to the members that
would have answered these questions.
He wanted to know what
SEBA’s affiliation was with this
company, who paid the cost of the
mailer and asked if SEBA was
giving out member addresses to
private vendors.
The company in question is
Union Choice. This company
and its owner, Don Peart, came to
the aid of all law enforcement last
year when he contributed over
$40,000 in radio commercial air
time through SEBA for our defense against Proposition 75.
That was one of Schwarzenegger’s
Propositions that attacked our political voice. This same individual, through his company,
contributed over $20,000 to our
children’s charities and he has
personally attended events to assist with the programs. This is
the information I considered before I decided to authorize the
mailer to the membership.
The envelopes and postage
costs were reimbursed to the Association, so there was no out of
pocket expense incurred by
SEBA. We did not and do not
give out member addresses. The
envelopes were sent to the company without address labels,
where they were stuffed, affixed
with postage and sent back to
SEBA. Our staff placed labels on
the envelopes and mailed them
out. I am sorry for the confusion
on this matter and do appreciate
the concerns of our members.
And as always, last but not
least, “Stay safe out there.” SEBA
SEBA
STAR &SHIELD15
Minutes
Renaissance, formerly Hope
Through Housing Foundation.
$5,000 from the Charity Fund and
$5,000 from the General Fund.
The following donation
requests were received by the
Executive Board by the deadline
and were not approved:
Sheriff’s High Desert Football
Tournament
International Airport to be used
to establish the Explorer Post from
the Charity Fund. Motion carries.
Motion 2006-11M-07
ADJOURN TO MEETING OF THE POLITICAL
ACTON COMMITTEE
RECONVENE MEETING OF THE BOARD OF
DIRECTORS
ANNOUNCEMENTS
Next Board Meeting –
ADJOURN MEETING OF THE BOARD OR
DIRECTORS
NEW BUSINESS
Donation Request for families
of (5) fallen U.S. Forest Service
Fire Fighters. Motion by Darryl
Weart, second by Jeri Caperton, to
approve a donation request of
$500.00 to each family of the (5)
fallen U.S. Forest Service Fire
Fighters who lost their lives
fighting the Esperanza Fire in
Riverside County. Total cost
would be $2,500 from the General
Fund. Motion carries. Motion
2006-11M-06
Donation Request - Public
Safety Charter School – Motion
by Joshua Moody. Second by
Marvin Morton, to approve a
donation request of $1,000 to be
given to the Public Safety Charter
School at the San Bernardino
16SSEBA
TAR &SHIELD
SEBA REGULAR
MEETING OF THE
POLITICAL
ACTION
COMMITTEE
CHAIRMAN’S REPORT – W. ABERNATHIE
Approve Minutes – October
11, 2006 – Motion by Roxanne
Logan, second by Robert Hards, to
approve the minutes of the Board
of Directors Political Action
Committee Meeting of October
11, 2006 as submitted. Motion
carries. Motion 2006-11P-01
Approve Treasurer’s Report –
See 2006-11M-03. Motion 200611P-02
Review of General Election
Results – See handout
Correspondence:
Thank you card from District
Attorney Mike Ramos
Thank you letter from Bill
Postmus for Assessor
Thank you letter from Paul
Cook for 65th Assembly District
COMMITTEES – W. ABERNATHIE
Local Political Action
Committee
Ratify action taken by
Executive Board - Contribution
request – Motion by Robert
Hards, second by Jeri Caperton, to
ratify action taken by the
Executive Board for a contribution
to Wyatt Hart for San Juan
Capistrano City Council Member
in the amount of $250.00 from
the Local PAC Fund. Motion
carries. Motion 2006-11P-03
Ratify action taken by
Executive Board – Rancho
Cucamonga Race. Motion by
Robert Hards, second by Roxanne
Logan, to ratify action taken by
the Executive Board to expend an
additional $50,000 in the Rancho
Cucamonga races for Mayor and
City Council Members from the
Local PAC Fund. Motion carries.
Motion 2006-11P-04
ADJOURN MEETING OF THE POLITICAL
ACTION COMMITTEE SEBA
NEW
BOOK
about our
local
history
FEATURES
Sacrifice – In the Line of Duty
By Craig W. Floyd.
Reprinted from the American Police Beat, a
National Law Enforcement Publication,
October 2006
ion R. Nelson Sr. was a
dedicated public servant
with a fierce sense of duty
to his community and his country.
As Director of Public Safety for
York, Alabama, he was not only
Police Chief, but also Fire Chief.
For 16 years, he was in the Army
Reserves and served in Iraq during
Operation Iraqi Freedom.
On September 24, 2005, his
public service came to a tragic
end. During a period of heavy
rain associated with the aftermath
of Hurricane Rita, Chief Nelson
was involved in a fatal car crash
while responding to another automobile accident. His car hydroplaned on the wet roadway and
struck the rails of a bridge and another vehicle.
“He was always coming up with
new ways to improve the departments he directed and he was the
kind of leader that provided solutions and not criticism,” York
Mayor Carolyn Gosa said of her
34-year-old police chief. “The
personnel adored and respected
him. He knew how to treat people with dignity and fairness,” she
added.
This past May, Chief Nelson
had his name added to the walls of
the National Law Enforcement
Officers Memorial in Washington,
D.C. He was one of 21 African
American law enforcement officers to be killed in the line of duty
D
18SSEBA
TAR &SHIELD
last year, and among nearly 600
who have made the ultimate sacrifice throughout our nation’s history.
According to the records kept
by the National Law Enforcement
Officers Memorial Fund
(NLEOMF), the first known
African American officer to die in
the line of duty was William Johnson of the Jacksonville (FL) Sheriff’s Office. On April 10, 1870, he
was picked up and slammed to the
ground by a drunken man after responding to a disturbance call.
He died two days later of the injuries he suffered.
Among the 13 other African
American officers who were killed
on duty during the 1800s were
Portsmouth (VA) Patrolman John
Wilson, who was shot to death
during a civil disturbance that
broke out at a political event on
November 11, 1871; and William
L. Copeland, a Little Rock (AR)
police officer who was stabbed and
beaten to death in December
1885 by a state prison convict
who was allowed out at times to
perform odd jobs.
Washington, D.C. Metropolitan Police Officer Gail Cobb was
just 24 years old when she was
gunned down in 1974 while trying
to arrest a bank robber she had
tracked down in a downtown
garage. She is the only female officer in the history of her department to die in the line of duty and
the nation’s first African-American policewoman to make the ultimate sacrifice. Her death came
55 years after Georgia Robinson of
the Los Angeles Police Department became the first African
American policewoman to serve
in 1919.
The chaplain officiating at the
funeral of Gail Cobb told the
packed church, “Her death established the fact that the criminal
makes no distinction between the
sexes.” In fact, today there are
210 female officers honored on
the National Law Enforcement
Officers Memorial and 37 are
African Americans. Among the
others are Baton Rouge (LA) Police Officer Betty Dunn Smothers,
who was shot and killed in 1993,
and is the mother of NFL star running back, Warrick Dunn; and
Kay Rogers, a Murfreesboro (TN)
police officer who in 2005 became
the first and only female officer
ever to be killed in a motorcycle
crash.
More African American officers died in the line of duty in
2001 (33) than in any other year.
Of course, that included 9-11, the
deadliest incident in law enforcement history. Seventy-two officers died that day and 13 of them
were African Americans. Among
them was William “Harry”
Thompson, a popular and highly
respected 27-year veteran of the
New York State Office of Court
Administration. He was at the
training academy on Williams
Street, just a short distance away
from the World Trade Center
when the attacks occurred. Captain Thompson, along with sevPlease see Sacrifice, p. 20
Services
Continued from p. 7
were in regards to his particular
situation. I researched the issue
for him under USEERA and informed him of his rights, and we
were able to resolve his issue.
Twenty-four (24) Hour Coverage for Officer Involved
Shootings – If you are involved
in an officer involved shooting,
contact SEBA prior to being interviewed. Let the investigator
know that you want representation. You are entitled to it! If
the situation occurs at night or
on the weekend, the answering
service will contact the labor staff
on-call, who in turn will contact
an attorney to assist you with the
interview. Remember, the shooting can easily become a criminal
HAVE YOU TRANSFERRED
TO A NEW STATION?
If you have transferred to a new Duty Station, please complete the information
below and return to SEBA. This will help us to keep our database current.
Name:
County ID#:
Department:
New Duty Station:
New Station Telephone: (
Date:
)
Signature:
Fax to (909) 381-9364 or mail to SEBA, 555 North E Street, San Bernardino, CA 92401
Family Vision
Care
case, so it’s in your best interest to
have an attorney present.
Star and Shield Articles – We
prepare a monthly article to keep
you informed of labor relations
trends/news. I will usually write
about an issue or issues that are
currently occurring so that you
know what to look out for. Contact us if you have a topic you
would like to see discussed in the
Star and Shield. SEBA
Porac LDF I.A. Rules: Always consult with an
association representative/lawyer before
responding to any report, letter, memo and/or
questions concerning an investigation which
could possibly lead to punitive action. If ordered
to do so ask to have it recorded and read the
following:
NON-WAIVER STATEMENT: “I have been
refused the right to have a representative of my
choice. I understand that I am being ordered to
make a report or answer questions and that if I
do not comply with the order, I may be
disciplined for insubordination. Therefore, I have
no alternative but to abide by the order.
However, by so doing, I do not waive my
Constitutional rights to remain silent under the
5th and 14th Amendments to the United States
Constitution, under the protections afforded me
under case law.”
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SEBA
STAR &SHIELD19
Sacrifice
eral other instructors and officers
who were at the academy that day,
ran to the scene. He stayed in the
South Tower until the very end,
moving people to safety and aiding the injured.
Another infamous case a few
years earlier had also drawn the
national spotlight. Jacob J. Chestnut, an 18-year police veteran,
was manning a security station at
the U.S. Capitol when a crazed
gunman named Russell Weston Jr.
entered. Weston’s father said his
son was delusional and “would
argue with a fence post.” But
even Weston had enough sense to
know that the man with the badge
on his chest and a gun at his side
was an obstacle to his madness.
So he pointed his pistol at the
back of Officer Chestnut’s head
and pulled the trigger. Moments
later, Weston would also shoot
and kill U.S. Capitol Police Detective John Gibson. Officer
Chestnut is one of 13 African
Americans killed in federal law
enforcement service.
D’Antonio Washington, a correctional officer with the Federal
Bureau of Prisons, was viciously
assaulted in December 1994 by an
inmate who beat him to death
with a hammer. The ambush occurred at the U.S. Penitentiary in
Atlanta, Georgia. He is one of 28
African American correctional officers with their names on the National Law Enforcement Officers
Memorial.
James I. Alexander’s book,
“Blue Coats; Black Skin,” examines the experience of African
American police officers in New
York City. He found photographic
20SSEBA
TAR &SHIELD
evidence that African American
officers were working in New York
City as early as 1865. But it was
not until August 6, 1917, that the
first New York City African
American officer was killed in the
line of duty. His name was Robert
H. Holmes, who was shot and
killed after surprising a burglar escaping from an apartment window.
Twenty thousand people lined the
streets of New York to honor Patrolman Holmes during his funeral, which marked the first time
in City history that flags were ordered flown at half-staff for a
fallen police officer.
Throughout history, 28 New
York City African American police officers have been killed in
the line of duty, more than any
other department. Among them
was Dillon Stewart, 35, who was
killed in 2005. Officer Dillon was
shot while attempting to pull over
a car with stolen license plates
that had sped through a red light.
Miraculously, Officer Stewart did
not even realize he had been
wounded and pursued the suspect
in his unmarked patrol vehicle. A
short while later Officer Stewart
was rushed to the hospital, where
he died.
Nearly 90 years had passed, but
the sendoff for Dillon Stewart was
no different than for Robert
Holmes—some 20,000 police officers and many others lined the
route to the burial site and flags
throughout the City were lowered
to half-staff in honor of a fallen
hero.
Craig W. Floyd is Chairman of
the National law Enforcement Officers Memorial Fund. Visit
www.nleomf.com for more information about law enforcement officers
MEDICAL EMERGENCY LEAVE
DONATION REQUESTS
CHRISTIE BETHARD
LAND USE SERVICES
PATRICIA BLACKMAN, DCS
LINDA CARDILLO-MOORE, SHERIFF
KELLY CORTEZ, HSS-DCS BARSTOW
KIMBERLY DELCID, HSS-TAD
THERESA GREER-QUIJADA, ARMC
LAURI HAZELRIGG DE VRIES, HSS-TAD
FRANK KEMPA, HSS
MARY MEDEIROS, SHERIFF
JOHN MIRELES, SHERIFF
KRISTEN RAMIREZ, HSS
RAY CARLA, ARMC
TERESA SHRADER, HSS
LARRY SMITH, PERC
JACQUELINE WALKER, HSS-TAD
EILEEN YANCY, HSS-TAD
County employees wishing to donate vacation, holiday or
compensatory time-off hours may do so in 8-hour
increments. Please see your department payroll clerk for
filling out a Medical Emergency Leave Donation Form.
DUES ALLOCATION POLITICAL
ACTION FUND
The California Fair Political Practices Commission (FPPC) has
established guidelines for the collection and accounting of political
funds by unions and other interest groups. That portion of your dues
that is used for political purposes must be specifically identified and
placed into a separate account. The amount used for political
purposes is NOT deductible on your federal or state income taxes as a
union expense. You may elect not to pay into the Political Action Fund.
Currently, the amount of dues allocated to the Political Action Fund is
$20 per month. If you elect not to participate in the Political Action
Fund, complete the dues allocation form and return it to the
Association office. Your contribution will be redirected to the SEBA
Charity Fund.
PAC DUES ALLOCATION
I am requesting that you do not place any portion of my monthly dues
toward the Political Action Fund maintained by the Safety Employees'
Benefit Association. I understand that my dues will not be reduced and
instead will be redirected into the SEBA Charity Fund.
Date:____________________________________________________
Member Signature:_________________________________________
ID#:____________________________________________________
SEBA, 555 N. E St., San Bernardino, CA 92401
Required
Continued from p. 9
Aside from computers and auto
miles, however, the legal standard
for the deduction of a business expense, under section 162 of the
tax code, is that the expenditure
be “ordinary and necessary.” This
phrase has been interpreted in no
less than three unanimous
Supreme court decisions to mean
the expense need only be helpful
and appropriate to your job. No
more. This is the basic standard,
yet it is frequently misinterpreted
or ignored altogether by lower
level IRS personnel.
Keep in mind, however, any
expense is subject to the restrictions of section 260 of the tax
code. This is the section prohibiting personal expenses regardless of
their utility to the job.
This is the reason you cannot
deduct your civilian clothes,
wristwatch, haircuts, meals or
home telephone line. As we have
said before, if your tax preparer is
deducting any of these, he or she
is either incompetent, crooked, or
wants to let you pay attorney fees
to become a test case in court.
Aside from these personal expenses, however, never take no for
an answer if you are deducting a
legitimate out of pocket expense
and you are told it does not qualify because you did not “need” to
spend that money, or that your
employer “did not require it.”
A great deal of intimidations
can occur during IRS audits. We
sincerely believe the vast majority
of IRS auditors are competent and
fair, and treat our clients well.
But there are those, such as the
retired police manager who has
become the self appointed expert
on police deductions in Southern
California, who will not hesitate
to apply personal judgment instead of the law. If you encounter
such an individual, get competent
help.
In conclusion, if you must go
into an IRS audit on your own, or
with someone other than an experienced attorney, CPA or enrolled agent representing you, be
aware you have the right at any
time to stop the audit and get
real, professional help. As most
of our readers in this column are
law enforcement professionals
like us, we are sure you will realize the instant the interview “goes
south.”
You have the absolute right
under the law to stop the audit
and go talk to someone. Never
sign anything until and unless you
are in complete agreement with
the results of an IRS audit. If
there is to be an appeal, there are
no forms to sign except the
protest prepared by you or your
representative.
About the Authors: Tim Kelly is
an attorney certified as a specialist in
taxation law by the Board of Legal
Specialization of the State Bar of
California, a distinction held by less
than 500 of the state’s 200,000 attorneys. He is a retired police sergeant with 27 years experience and
an honors graduate of the McGeorge
School of Law.
Kevin W. Rego is an attorney admitted to practice before the IRS and
all California courts. He is an active police officer with 18 years experience and is a graduate of the Santa
Clara School of Law.
Dennis Pytel is a former naval officer who spent many years in aviation. Pytel was the valedictorian of
his class at Lincoln Law School. He
specializes in Estate Planning issues,
especially those concerning peace officers, blended families, and personal
information security.
The three attorneys practice in the
area of individual tax planning and litigation, appearing on a regular basis
before the IRS, the U.S. Tax Court
and federal district court in the California and throughout the nation. SEBA
Change of Address
If you have moved, we want to know about it. Please fill out this form and fax it or mail it to the SEBA office.
Name:
County ID#:
New Address:
City, State and Zip:
Phone: (
)
Signature:
Fax to (909) 381-9364 or mail to SEBA, 555 North E Street, San Bernardino, CA 92401
SEBA
STAR &SHIELD21
WELCOME NEW MEMBERS
Rico Borrero
Probation Corrections Officer
Central Juvenile Hall
Steven Slayback
High Desert Juv. Det. Center
Stephen Clark
Deputy Sheriff
West Valley Detention Center
Rosalba Garcia
Tracy Thompson
Pablo Colombi
Deputy Sheriff
Loretta Heguy
Deputy Coroner Investigator
Coroner’s Central
Aida Walker
West Valley Juvenile Hall
Gary Dominguez
Deputy Sheriff
Jaamal Jones
Juan Aguirre
Deputy Sheriff
Gregory Ditfurth
Deputy Sheriff
Lori Lair
Phillip Alvarado
Deputy Sheriff
Joel Esparza
Deputy Sheriff
La Tisha Lofton
Custody Specialist
Andrew Antekeier
Deputy Sheriff
Joseph Garay
Deputy Sheriff
David Manning
Probation Corrections Juv. Hall
Danny Beare
Deputy Sheriff
Duane Fritzinger
Deputy Sheriff
Yvette Nettles
Thomas Bechtol
Deputy Sheriff
Kent Gallacher
Deputy Sheriff
Benjamin Romero
Welfare Fraud Investigator
HSS Program Integrity
Ryan Boggust
Deputy Sheriff
Michael Gardea
Deputy Sheriff
Veronica Sanchez
Michael Catalano
Deputy Sheriff
Maria Gascon
Deputy Sheriff
Tanisha Santee
Carolyn Chadwell
Deputy Sheriff
William Gibbons
Deputy Sheriff
22SSEBA
TAR &SHIELD
WELCOME NEW MEMBERS
Richard Green
Deputy Sheriff
Taylor Long
Deputy Sheriff
Marc Summers
Deputy Sheriff
Thomas Hedy
Deputy Sheriff
Gary McWilliams
Deputy Sheriff
Michelle Westbrook
Deputy Sheriff
Benjamin Henry
Deputy Sheriff
Ronald Miller
Deputy Sheriff
Curtis Williams
Deputy Sheriff
Richard Heverly
Deputy Sheriff
Ryan Mohler
Deputy Sheriff
Brian Woytovich
Deputy Sheriff
John Holland
Deputy Sheriff
Eugene Mondragon
Deputy Sheriff
Kari Beilby
Welfare Fraud Investigator
HSS Program Integrity
Jeff Jefferson
Deputy Sheriff
Joshua Moore
Deputy Sheriff
Kirsten Alvarez
Sr. Investigator
Fontana D.A. Trial
Eugene Juarez
Deputy Sheriff
Ralph Noriega, Jr.
Deputy Sheriff
Anthony Ellis
Sr. Investigator
D.A. Bureau of Inv.
Janna Kovensky
Deputy Sheriff
Michael Pasqualetto
Deputy Sheriff
Hangkee Jun
Sr. Investigator
D.A. Bureau of Inv.
Scott LaFond
Deputy Sheriff
Derek Pederson
Deputy Sheriff
Joshua Payne
Deputy Sheriff
Jamieson Liu
Deputy Sheriff
Victor Ruiz
Deputy Sheriff
Anna Ibarra
Probation Officer II
Victorville
SEBA
STAR &SHIELD23
To advertise in the Business
Directory, call (951) 686-7575.
BUSINESS DIRECTORY
AUTO CLUB OF SOUTHERN
CALIFORNIA
1330 INDUSTRIAL PARK AVENUE
REDLANDS, CA
909-793-3357
CHILDREN’S NETWORK
3850 ARROWHEAD AVENUE
2ND FLOOR
SAN BERNARDINO, CA 92415
909-387-8966
SAN BERNARDINO
COMFORT INN
1909 S. BUSINESS CENTER DRIVE
SAN BERNARDINO, CA
909-889-0090
JOSEPH BONADIMAN &
ASSOCIATES INC.
234 N. ARROWHEAD AVENUE
SAN BERNARDINO, CA
909-885-3806
24SSEBA
TAR &SHIELD
MATICH CORPORATION
PO BOX 50,000
SAN BERNARDINO, CA
92412
BLESSED JOHN XXIII
CATHOLIC COMMUNITY, INC.
22 EAST EASTON STREET
RIALTO, CA 92376
909421-7030
RIFFENBURGH LUMBER
COMPANY INCORPORATED
PO BOX 7049
BIG BEAR LAKE, CA 92315
909-866-4675
YELLOW CAB & BELL CAB
1510 W. 5TH STREET
SAN BERNARDINO, CA
909-884-6100
BUSINESS DIRECTORY
To advertise in the Business
Directory, call (951) 686-7575.
DJ RESTAURANT
HOSE-MART, INC.
PC MECHANIX
265 E. 10th STREET
SAN BERNARDINO, CA
909-882-3917
24756 REDLANDS BLVD.
LOMA LINDA, CA 92354
909-796-1111
34987 YUCAIPA BLVD.
YUCAIPA, CA 92399
909-790-0214
BELO CORP.
UNIQUE AUTO SALES
COLTON VALLEY MEDICAL GROUP, INC.
PO BOX 655237
DALLAS, TEXAS
17746 VALLEY BLVD.
BLOOMINGTON, CA 92316
909-873-1111
502 W. VALLEY BLVD.
COLTON, CA 92324
909-825-3202
JV COLLISION CENTER
1180 E. 9TH BLDG A-14-15
909-885-2401
SWEET DREAMS REALTY
FLASH SPORTSWEAR
325 W. 6TH STREET
909-884-5550
671 S. COOLEY DRIVE, SPACE 19
COLTON, CA 92324
909-370-2422
NATIONAL TRANSPORTATION COMPANIES
194 W. BENEDICT STREET
909-383-9001
GOLDEN STAR MOTEL
668 W. 5TH STREET
909-885-6696
PALMS MOTEL
3424 CAJON BLVD.
SAN BERNARDINO, CA
909-887-1845
MAIN STREET CAR WASH
101 N. “E” STREET
909-383-1433
ACHAMAK TRADING INC.
605 N. “H” STREET
909-885-7501
TJ’S TRANSMISSIONS
18839 VALLEY BLVD.
BLOOMINGTON, CA 92316
909-746-7047
ACH
26008 BUSINESS CENTER DRIVE
REDLANDS, CA 92374
909-796-9660
AUTO CARE CLINIC
35207 YUCAIPA BLVD.
YUCAIPA, CA 92399
909-790-1701
RONALD G. SKIPPER
ATTORNEY AT LAW
HARVEST PRODUCE INC.
323 W. COURT STREET, SUITE 305
909-888-5791
820 ROCKERFELLER AVENUE,
SPACE F
ONTARIO, CA 91761
909-390-7575
P.H. CONSTRUCTION COMPANY
MANGANAL SALES COMPANY
8659 RED OAK AVENUE
RANCHO CUCAMONGA, CA 91730
909-422-0386
1240 LINCOLN STREET
COLTON, CA 92324
909-824-5580
COLTON TRUCK TERMINAL GARAGE
SPECIAL PLASTIC SYSTEMS
863 EAST VALLEY BLVD.
COLTON, CA 92324
909-825-4080
385 W. VALLEY STREET
909-888-2531
YU-CAL MOTEL
HIGHLAND SHELL AUTO CARE
TH
1108 W. HIGHLAND AVENUE
909-882-5085
12163 14 STREET
YUCAIPA, CA 92399
909-797-8390
MURRAY’S HOTEL & RESTAURANT SUPPLY
LAW OFFICES OF ROBERT OWENS
298 EAST VALLEY BLVD.
COLTON, CA 92324
909-825-1012
268 W. HOSPITALITY LANE, SUITE
302
909-890-9027
LEISURE INN & SUITES
777 W. 6TH STREET
909-889-3561
LOMA LINDA ORIENTAL MARKET
25655 REDLANDS BLVD., SUITE K
LOMA LINDA, CA 92354
909-796-6568
PSWC GROUP
1887 BUSINESS CENTER DRIVE,
SUITE 3
909-890-2233
OTTO INSTRUMENT SERVICE INC.
1441 VALENCIA PLACE
ONTARIO, CA 91761
909-930-5800
SEBA
STAR &SHIELD25
Chief
Continued from p. 3
warm at best, due to his son being
arrested multiple times by the
agency. Thus, the battlefield was
formed once again for this campaign cycle.
The election, successful as it
was, still cost SEBA a large
amount of money. Even with outside funding to our Local PAC
committee, this was a very expensive election to protect our livelihood, and was exclusively due to
the antics of the Rancho Firefighters. Beginning Wednesday, December 6, 2006, the new makeup
of the City Council will be a
pleasant 4-1 supermajority that favors a Sheriff’s contract for law
enforcement services. It would appear the new council will maintain this strength for the
foreseeable future.
However, long-term planning
requires the Association to closely
examine the two ill-fated attempts
by the Rancho Cucamonga Professional Firefighters at pursuing political agendas that go against the
interest of SEBA and its members.
The use of the political process by
an inexperienced and arrogant
group that resulted in thousands of
dollars being wasted, is inexcusable to say the least. Between now
and the next city election cycle in
November 2008, SEBA will explore all means necessary to prevent this type of ill-fated attack
from occurring again.
When will the Firefighters figure out that their message of “support our candidates who will give
us more,” versus the SEBA message of “Support our candidates
who stand for effective government, ” just doesn’t wash with the
taxpayers anymore.
It’s hard to believe that police
and fire groups who work to protect the residents of the same city
can’t work together to further
common interests. But there’s always a first for everything.
***SEMI-OFFICIAL RESULTS***
General Election, November 7, 2006
Updated November 13, 2006 – 5:00pm
Mayor - City of Rancho Cucamonga
Don Kurth 15,475, 49.50%
William J. Alexander 14,334, 45.85%
John Kera 1,397, 4.47%
Write-In 58, 0.19%
Council Member – City of Rancho
Cucamonga (Vote for 2)
Rex Gutierrez 16,630, 29.35%
Diane Williams 14,273, 25.19%
Dieter Carlos Dammeier 8,813, 15.55%
Joseph J. McCaffrey 4,020, 7.10%
Jim Moffat 3,543, 6.25%
Nicole Myerchin 3,162, 5.58%
Luella G. Hairston 3,116, 5.50%
John R. Lyons 3,034, 5.35%
Write-In 67, 0.12% SEBA
TICKET PRICES
All Sales Final • Prices subject to change without notice • SEBA members only
Aquarium of the Pacific
Adult ......................$15.95
Child (3-11) ..........$9.95
Disneyland/California
Adventure
1/3/06 - 12/14/06
Adult ......................$50.00
Child (3-9).............$45.00
Disneyland Park Hopper
1/3/06 - 12/14/06
1 Day, 2 Parks
Adult ......................$64.00
Child (3-9).............$59.00
Knott’s Berry Farm
Adult ......................$25.45
Child (3-11) ..........$14.95
26SSEBA
TAR &SHIELD
Legoland
(Through 1/31/07)
2-Day Pass
Adult/Child ............$34.50
Six Flags Magic Mountain
Adult ......................$27.00
Child .....................$15.00
(over 48” tall)
San Diego Wild Animal
Park
Adult .....................$20.00
Child (3-11) ...........$14.50
San Diego Zoo
Deluxe Adult..........$27.00
Deluxe Child (3-11) ...$16.75
(Includes bus tour and
Skyfari ride)
Scandia Amusement Park
Unlimited
Passport.......................$10.00
(Includes all rides,
raceway, Screamer, and
golf).
Sea World
(Expires 6/30/07)
2 days of fun
Adult ......................$42.75
Child (3-9).............$37.00
Universal Studios One
Day Pass
(Through 1/31/07)
Adult/Child ............$38.00
Annual Pass...........$54.00
1-Day Front Line...$67.00
Movie Theaters
CinemaStar ............$5.50
AMC Theatre
General..................$5.50
Premier..................$7.00
(Valid for opening
engagements)
Edwards, Regal, United
Artist
General..................$6.00
Premier..................$7.00
(Valid for opening
engagements)
Krikorian Theatres
General..................$6.50
ASSOCIATION FINANCIALS
TREASURY
(AS OF 10/31/06)
Operating Accounts
General Operating
General Reserve
Holding Accounts
Insurance Clearing
Arch Wireless Deposit Fund
Restricted Accounts
Charity Accounts
Widow/Orphan Fund
Legal Defense Fund
Star & Shield
Ticket Sales
Political Accounts
State Political Action Committee
Independent Expenditure Committee
Ballot Measure Committee
Slate Mailer Organization Committee
Local Political Action Committee
Federal Political Action Committee
Trust Accounts
Insurance Trust/Peace Officer's Relief Fund
Beneficiary Accounts
Minor CD Funds
Memorial Funds
Total Treasury
OPERATING BUDGET
$84,480.4
$310,889.6
$6,245.7
$2,929.2
$103,675.2
$204,250.1
$437,597.9
$3,567.8
$59,128.2
$27,815.3
$2,070.2
$416.2
$1,722.1
$188,212.1
$5,742.6
FEDERAL
President George W. Bush
Washington DC
The White House
1600 Pennsylvania Ave.
NW
Washington DC 20500
(202) 456-1414 Switchboard
(202) 456-1111 Comments
Fax (202) 456-2461
[email protected]
Senator Dianne Feinstein
Washington D.C.
331 Hart Senate Office
Building
Washington, DC 205100504
(202) 224-3841
Fax: (202) 228-3954
[email protected]
$2,184,324.5
$15,230.7
$0.0
$3,638,298.6
(AS OF 10/31/06)
Income
Membership Income
Other Income
$403,462.5
$90,053.8
Total Income
$493,516.3
Professional Services
Office Insurance
Service Charges
Office Supplies
Media Relations
Dues, Subscriptions, Filing Fees
Postage & Delivery
Magazine Production & Delivery
Printing
Equipment/Furniture
Accounting
Executive Auto
Membership Expense
Employee Health Benefits
Employee Payroll Taxes
Employee Retirement
Employee Wages & Salaries
Employee Auto Allowance
Employer FSA Contributions
Workers Comp Insurance
Employer Education Assistance
Disability Insurance Expense
Board of Directors
Executive Board
Training
Other
President
Member Services
Board Conference & Workshop
Donations
Building Note
p
Buildingg Repairs
& Maintenance
Communication & Data Processing
Utilities
Property Taxes
$2,381.8
$17,001.5
$1,152.4
$12,353.9
$0.0
$704.9
$9,105.3
$12,932.5
$1,183.1
$7,500.1
$17,447.5
$6,284.6
$6,870.6
$27,440.2
$15,659.1
$24,160.1
$171,803.6
$11,815.3
$1,338.6
$1,666.0
$3,987.0
$532.0
$2,659.4
$4,248.5
$2,778.5
$3,694.9
$140.0
$289.2
$16,414.4
$972.0
$21,600.0
,
$2,871.6
$14,658.9
$8,111.3
$3,308.2
Total Expense
$435,068.3
Expense
Net Operating Surplus
KNOW YOUR LEGISLATORS
Senator Barbara Boxer
Washington DC
112 Hart Senate Office
Bldg.
Washington, DC 205100501
(202) 224-3553
[email protected]
Senator George Runner
17th Senatorial District
State Capitol, Room 5082
Sacramento, CA 95814
(916) 445-6637
[email protected]
Senator Bob Dutton
31st Senatorial District
(916) 445-3688
[email protected]
Senator Nell Soto
32nd Senatorial District
(916) 445-6868
[email protected]
Assemblymember Kevin
McCarthy
32nd Assembly District
(916) 319-2032
Representing Mojave
Assemblymember Bill
Maze
34th Assembly District
Representative Jerry Lewis State Capitol, Room 2002
41st Congressional District
1150 Brookside Ave. #J5
(916) 319-2034
Redlands, CA 92373
Representing Barstow
(909)335-9155
Assemblymember Sharon
Representative David
Runner
Dreier
26th Congressional District State Capitol, Room 6031
2220 E. Rt. 66, Ste 225
Glendora, CA 91740
(916) 319-2036
(626) 852-2626
Representing Adelanto,
Victorville
Representative Gary Miller
42nd Congressional District Assemblymember Dennis
1800 E. Lambert Rd., Ste
Mountjoy
150
Brea, CA 92821
Sacramento, Ca 95814
(714) 257-1142
(916) 319-2059
Representative Joe Baca
Representing Apple Valley,
43rd Congressional District Hesperia, San Bernardino
201 North “E” Street
San Bernardino, CA 92401 Assemblymember Robert
(909) 885-2222
Huff
STATE
Gov. Arnold Schwarzeneg- (916) 319-2060
ger
Representing Chino Hills
State Capitol Building
Assemblymember Gloria
(916) 445-2841
Negrete McCloud
(909) 680-6860
61st Assembly District
4959 Palo Verde St. Ste
Fax: (916) 445-4633
100B
www.governor.ca.gov
[email protected] Montclair, CA 91763
(909) 621-2783
Representing Chino, Ontario
Assemblymember Joe
Baca, Jr.
62nd Assembly District
PO Box 942849
(916) 319-2062
Representing Bloomington,
Colton, Fontana, Rialto,
San Bernardino
Assemblymember Bill Emmerson
63rd Assembly District
(916) 319-2063
Representing Fontana,
Grand Terrace, Highland,
Loma Linda, Rancho Cucamonga, Redlands, Upland,
San Bernardino
Assemblymember Russ
Bogh
34932 Yucaipa Blvd.
Yucaipa, CA 92399
(909) 790-4196
Fax: (909) 790-0479
Representing Big Bear City,
Yucaipa
COUNTY
San Bernardino County
Board of Supervisors
County Government Center
385 N. Arrowhead Ave., 5th
Floor,
San Bernardino, CA 92415
(909) 387-4811
District 1 – Chairman
Bill Postmus
(909) 387-4830
Victorville Fax: (760) 9555410
Twenty-nine Palms Fax:
(760)361-8579
District 2 – Vice-Chairman
Paul Biane
(909) 387-4833
San Bernardino Fax:
(909) 387-3265
Rancho Cucamonga Fax:
(909) 945-4037
Wrightwood Fax:
(760) 249-3149
District 3 – Dennis Hansberger
(909) 387-4855
San Bernardino Fax:
(909) 387-3018
District 4 – Gary Ovitt
(909) 387-4866
District 5 -Josie Gonzales
(909) 387-4565
$58,448.0
SEBA
STAR &SHIELD27
Safety Employees’ Benefit Association
555 North E Street
San Bernardino, CA 92401
PRSRT STD
U.S. POSTAGE
PAID
Permit No. 529
SAN BERNARDINO, CA

Celebrating 60 Years of Service

Transcription

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