No benefits from Bureau`s disciplinary decisions In memory of Keith

Transcription

President’s
Message
Officer Daryl Turner
President
No benefits
from Bureau’s
disciplinary
decisions
The 930 members of the Portland Police Association will now
have to come to the realization that Mayor Sam Adams and
Police Chief Mike Reese have ignored the truth and the facts
regarding the Aaron Campbell incident. They have decided to
terminate Officer Ron Frashour’s employment with the Portland
Police Bureau, and to discipline Officer Ryan Lewton, Sergeant
Liani Reyna and Sergeant John Birkinbine, even though the
facts prove that the officers and sergeants did nothing wrong
and performed their jobs correctly on the evening of January
29, 2010.
We have been concerned from the beginning that the intent of
this investigation was to use Ron Frashour, Ryan Lewton, Liani
Reyna and John Birkinbine as scapegoats to minimize the
City’s and the Police Bureau’s political and civil liability. The
decision to sacrifice these officers’ careers and reputations
was made even before the facts were presented to the Grand
Jury, and long before all the evidence was in.
The Police Commissioner and the Police Chief ignored the fact
that the Training Division’s investigation was incomplete and
inadequate, and that the lead instructors of Patrol Tactics, Defensive Tactics and Firearms, as well as other Training Division
staff, were not involved in the investigation. They ignored the
fact that training instructors who have trained hundreds of police officers over the past decade were not allowed to critique
the incident. The input of these training instructors and staff
was not only unwanted, but expressly disallowed, and they
were ordered by their lieutenant not to discuss the contents of
the critique with anyone outside of the Training Division. Mayor
Adams and Chief Reese seem not to care that the Training
Division’s critique of the incident left out vital information regarding the mind-set of Aaron Campbell and failed to address
violations of the Portland Police Bureau’s policies by on-scene
command staff.
Mayor Adams and Chief Reese have also ignored the fact that
the Bureau has no written policy regarding how officer-involved
shootings are investigated. They ignored the fact that several
lead instructors firmly believe that Ron Frashour and Ryan Lewton were within the policy of the Portland Police Bureau when
they used lethal force and less than lethal force. They ignored the
statements of three officers other than Officer Frashour who said
that they too believed Aaron Campbell was armed with a gun and
was not only suicidal but wanted to commit “suicide by police.”
They even ignored the statements of four other witness officers
and two independent civilian witnesses who said that they believed that Aaron Campbell was reaching into his back waistband
for a weapon as he ran towards hard cover.
And finally, they even ignored a Multnomah County Grand Jury
that not only said that Officer Frashour’s use of deadly force
was justified, but that they believed Officer Frashour to be honest and truthful while testifying in front of them when he said
that he believed Aaron Campbell was armed with a handgun,
suicidal, homicidal, intent on committing “suicide by police,”
and was an imminent threat.
Today we can say that the rank
Continued on page 3
Volume 41
Number 12
December 2010
The Portland Police Association • Maintaining the vigil since 1942
In memory of
Keith Morse
NOTE: The following is the eulogy from
Captain Keith Morse’s memorial. Morse
passed away November 6, 2010, after
a long battle with illness. He will be
missed.
Keith was born July 20, 1966
in Salem, OR. Always energetic
and active, he was the pride of
his two older sisters, Kathie and
Sandi. When his brother, Mark,
arrived five years later he was
probably relieved his sisters
would now have someone else
to play with and dress up.
As a youth, he spent time
living in Eugene which was his
first introduction to the University of Oregon Ducks. He would
later become an alumni and
huge fan.
Keith spent much of his
youth in Kenai, Alaska. It was
there he developed his great
love of the outdoors. In particular, he loved to fish with his
grandfather, especially for salmon. One of his favorite photos
is of him and his grandfather
holding his monster catch of a
65 lb. King Salmon. While in
Alaska, he was a Cub Scout and
loved to play pee wee hockey.
His passion for playing hockey
caused 1 of his 2 broken arms.
His son, Tyler, currently has a
broken arm from pursing his
love of skateboarding. In a loving and kind way, Keith would
be very proud of Ty for following in his broken-bone footsteps
as a result of doing something
he loved.
During middle school, Keith
was very tall and a wee-bit, shall
we say, awkward when it came
to sports. He played football
and especially loved basketball.
He always loved sports however
breakfasts of pancakes and eggs.
After graduating from
Centennial in 1984, he briefly
attended Mt. Hood Community
College. When he realized he did
not have enough money to go to
college, he enlisted in the U.S.
Army to take advantage of the
G.I. Bill. His stay in the Army
solidified his core
values of honesty,
integrity and being a
man of his word. One
of the greatest things
he received from the
Army was a long-time
friendship with his
best man, Major Jon
Middaugh. Keith was
extremely proud of
Jon and his commitment to our country.
Jon will soon be
deployed to Afghanistan and the family
asks you to keep him
in your prayers for
his safe return.
Keith often said
being in the military
wasn’t fun, but he was grateful
for all the things it taught him
about who he was and what he
was capable of accomplishing.
He credited the Army for teaching him to be a man. His love
and honor for our country was
a big part of who he was and
the values he held important.
Keith was honorably discharged
it wasn’t until he was older that
he was able to grow into to his
body and become an exceptional
athlete.
Keith attended Centennial
high school in Gresham. He
played the French horn in the
marching band and succeeded
on the varsity tennis team. At
a young age, Keith was very independent and worked hard to
support himself and the things
Continued on page 4
he enjoyed. He worked for a few
years at McDonalds in order to pay for
his first car, a
1976 Toyota
Corolla SR5.
Editorial Board
2
Shannon and
Tyler were
Treasurer’s Report
5
always grateful for his
Legal Corner: PPA and binding
years spent at
arbitration6
McDonalds
DCTU members vote yes
7
as his experience provided The decline of civil society
9
many tasty
Flashback12
Editorial
Board
Detective Jim McCausland
and Officer Scott Robertson
2010 ends in
difficult fiscal
year
Detective Jim McCausland
Homicide
December brings us to the end
of 2010 and halfway through a
very difficult fiscal year. We have
a very lean budget for both the
Police Bureau and the City but
we now have another $140,000
public LOO downtown, and if
you reside in a few select Portland neighborhoods you now get
to pay the City a surcharge to
pick up their leaves from in front
of your house!
The November “Who Dat”
generated a lot more “who is
that?” e-mails than guesses.
With out a doubt the best incorrect guess was Gary Crane who
retired from the Bureau and
now works security at City Hall.
I think it was the glasses. Gary
if you read this, do you still
have glasses like that? Other
incorrect but good guesses were
retired Chief Bruce Baker, Gary
Goodman, and current TOD
Commander Dave Benson. The
mystery person was Jim Fleming who was the first Rap Sheet
editor. I recognize it was a difficult one but we wanted to see
who is retired and reading The
Rap Sheet on line. All of the correct guesses came from retired
Bureau members. The winner
for guessing correctly first is retired PCA Marilyn Ingram who
stated in her e-mail she retired
in 1997, your Starbucks card
will be in the mail soon. Thank
you to all who participated.
This issue of The Rap Sheet
has both a Who Dat and a caption contest, both of these will
get you a Starbucks card, if you
are the first to correctly guess,
or create the best caption.
Because The Rap Sheet comes
out via three different programs that actually download
at different times of the day,
starting with December we will
award three cards per Who Dat
to make the competition a little
fairer, and placate the whiners!
You know who you are so we expect a correct guess and maybe
an article for The Rap Sheet.
November had a sad moment
for us all with the passing of
Captain Keith Morse on November 6th 2010 from a battle with
cancer. Although I never worked
directly for Keith he was one of
the most caring, and just plain
nicest police officers I ever met.
When I think of Keith I think of
someone who always respected
his fellow officers, and as he
rose through the ranks never
forgot where he came from.
Keith could always be trusted to
make the right decision rather
than the political one. Keith
you will be missed, please keep
Keith’s family in your thoughts
and prayers. We also just lost
retired Officer Chuck Ault who
died suddenly while working for
PPI. Chuck worked 30 years for
the Police Bureau and another
10 yrs. with PPI.
Congratulations to the Robbery Detail in conjunction with
the SERT Team and the FBI
for safely arresting the three
subjects responsible for two
take over style bank robberies
that occurred in September and
October 2010. As you may recall
shots were fired by the suspects
in both these robberies. The
Robbery Detail worked long and
hard to identify these three dangerous individuals and should be
commended for safely bringing an end to a very dangerous
group of individual’s activities.
The Portland Police Bureau in
conjunction with Federal, State
and other local law enforcement
agencies arrested a 19 yr old terrorist who planned to detonate
a bomb at Pioneer Square during the annual Christmas tree
lighting ceremony. The investigative documents are on line
and clearly document fantastic
work from everyone involved.
If you have not done so you
should take the time to read the
investigative documents. This
threat was very real and the investigators involved conducted
an investigation that probably
saved the lives of hundreds of
innocent people.
Continued on page 3
“This publication will be dedicated, therefore, to the principles of objective
reporting and freedom of expression which we believe are both fundamental to the operation of a democratic organization and to the free society
we are sworn to protect.”
James Fleming,
former Rap Sheet editor
December 1970, Vol I, Issue I
Volume 41
Number 12
December 2010
Portland Police Association
President Officer Daryl Turner
Secretary- Treasurer Officer Dave Dobler
rap sheet staff
Editorial Board Detective Jim McCausland
and Officer Scott Robertson
Advertising Sales Detective Jeff Sharp
Design/Production Susan Anderson 503.225.9760 phone
website
The Rap Sheet is the official monthly publication of the Portland Police Association. The
Rap Sheet is the only publication of its kind that represents the interests of men and
women working in law enforcement in Portland. E-mail copy submissions to the editorial
board at
. The Rap Sheet office is located at 1313 NW 19th,
Portland, OR 97209. Phone 503.225.9760. Articles appearing under an author’s byline
do not necessarily represent the opinion of the PPA.
PPA Officers
title phone
Daryl Turner President 503.757.8401
Dave Dobler Secretary-Treasurer 503.313.1355
Matt Delenikos VP-Central Precinct 1 503.545.3533
John Grable
VP-Central Precinct 2
503.793.3774
Scott Robertson
VP-East Precinct 1 503.793.0971
Jason Lile
VP-East Precinct 2 503.545.3515
Jim Habkirk VP-North Precinct 1 503.706.6664
Ryan Reagan VP-North Precinct 2 503.545.3467
Jim McCausland VP-Dets./Criminalists 503.793.8425
Doug JustusVP-Sergeants
503.449.0704
Tom Perkins VP-Services 1 503.920.5430
Chris Kulp VP-Services 2 503.545.3570
Brian Hunzeker VP-Traffic Division 503.545.3846
Tony Christensen Safety Committee 503.250.7887
Gary Manougian Safety Committee 503.250.5169
P.A.R.T. Police Alcohol Recovery Team
P.A.R.T. is a group of officers who are recovering alcoholics in the Portland Police
Bureau. We are made up of various ranks and come from various divisions of the
Bureau. Our mission is to help alcoholics in the law enforcement community and
their families achieve and maintain sobriety. We adhere to an ethical responsibility of confidentiality, which is a promise to an officer to reveal nothing about his
or her circumstance to any other Bureau member.
P.A.R.T. members
page 2
Ofc. Rob Hawkins Central 503.920.1728 (pgr) 503.962.7566 (wk)
Sgt. Larry Graham Central 503.793.9291 (pgr) 503.823.0097 (wk)
Det. Lori Drew Detectives
503.237.0346 (pgr)
503.823.0491 (wk)
Lt. P.J. Steigleder (Clackamas County SO) 503.572.0823
Det. Maurice J. Delehant (Clackamas County SO) 503.969.8847
Maureen Finn (Non-sworn)
503.504.1305
The Rap Sheet | November 2010
Continued from page 2
The Portland Police Association has three newly elected
representatives. Officer Ryan
Reagan was elected to fill one
of two spots at North Precinct.
Ryan graduated from Washington State University with a
degree in Sociology and Criminal Justice. Ryan has been a
member of the Portland Police
Bureau for 12 years with approximately 11 of those years
spent at North/Northeast Precinct working all three shifts.
Officer Matt Delinikos fills
one of two spots at Central
Precinct. Matt began his career
in law enforcement in 1988
working in corrections for
Multnomah County until 1990.
In 1990 Matt worked as a Parole
and Probation officer until 1995
and then tried his hand with the
Beaverton Police Department
for five years. In 1999 Matt
finally got it right and became
a Portland Police Officer. Since
coming to Portland Matt has
pretty much spent his entire
career at Central nights where
he currently is assigned.
Officer Brian Hunzeker fills
the position at the Traffic Division. Brian replaces Mike Vilanti
who chose not to run for another
term. Thanks for your dedication and insight over the years
Mike, and we look forward to you
having more time to contribute
cartoons to The Rap Sheet. Brian
has been with the Police Bureau
since July 2000 after spending 3
years as a Police Officer in Lincoln
Nebraska. Brian spent his first 6
years at Central Precinct with one
year of that time riding a bicycle
as part of the PPI partnership. He
has been with the Traffic Division
riding motorcycles for the past
four years and is a member of the
major crash team and is active in
the seatbelt and child safety seat
program as both an instructor
and technical support.
We want to wish everyone
a happy holiday season and
encourage you to assist the Sunshine Division with its biggest
event of the year. Every Christmas the Sunshine Division
delivers food baskets to needy
families in Portland, and this
year that will take place on Saturday December 18th beginning
at 8:00 AM. This is an opportunity to do a little extra for those
that could use a little help, seldom ask and always say thank
you. If you have never delivered
food baskets during the holiday
season it is very humbling and
really makes you appreciate all
that we have. If you can’t make
the delivery day consider helping pack boxes for delivery on
either December 13th or 15th
from 6:00-9:00 PM. If you need
more information contact the
Sunshine Division directly at
503-823-2119. They are located
at 687 N.Thompson Street.
Please find time to spend
with your families and loved
ones during the holiday season. This is a stressful time of
year for everyone so please be
careful when you are doing your
job, take care of each other and
always be safe. For those that
still work for the Bureau both
sworn and non-sworn thank
you for what you do each and
every day. For those of you
that have retired, thank you
for all you did each and every
day. Regardless of what others
may say and write the Portland
Police Bureau is the best law
enforcement organization in
the state that continues to face
budget and manpower cuts,
downsizing, reorganization and
questionable political decisions,
yet we always finds a way to get
the job done for the tax payers
that we serve.
Finally in closing a special
thank you to Central Precinct
Day Shift Officers Dean Halley
and Vic Miller. Dean and Vic
were hired in July of 1986 and
have the seniority to get the
Thanksgiving holiday off. Recognizing that Officer Foesch has
missed the last three Thanksgiving holidays with his family
while he was deployed with
the United States Army they
deferred their seniority rights
and this allowed Officer Foesch
to have Thanksgiving Day off
and spend it with his family.
Once again an example of how
we take care of our own.
Stay Safe, Your Rap Sheet
Board.
A little holiday
reflection
Officer Scott Robertson
East Precinct
What I am about to say has all been
said before. Around the holidays I
just find myself thinking about the
things that should be at the top of
my list of priorities. I apologize if I offend anyone, and I hope those who
do get something out of it.
I have been a Portland Police Officer for about 16 years, and I’ve
spent all those years on the street.
I consider myself a fairly simple
person … some may say I’m a bit
backwards. I’d like to be able to
say I have seen it all, but I can’t.
Let’s just say nothing surprises me
anymore. I love this job. I’m proud
to be a Portland Police Officer and
proud to work with the people I do.
Having said that, I have seen my
share of people come and go from
the Bureau; some are gone for good
reason, others not. I can’t say I’m
happy with what has been going on
lately. Do I have an answer for the
‘Us vs Them’ puzzle? I don’t. Wheth-
er ‘them’ is the administration, the
City or the segment of public who
are so out-spoken against the police,
I wish we could all just get along. In
a perfect world we would, but it will
never happen. There are just too
many different ideas of what the
problems are and just as many ideas
of how to solve them.
When I work the holidays, as I will
again this year, I imagine families
gathered at picture-perfect tables,
candles burning, turkeys on platters
and kids running about. I wonder if
they know or even think about those
like us who are called to give up our
time with our own family and friends.
While folks enjoy their holidays, we
are out roaming the street on patrol,
answering calls for service—maybe
a turkey flying through a window and
onto the lawn—we’re keeping the
bad guys on their side of the thin
blue line.
That is how I define the thin blue
line. It’s the line between the good
people and those that want to do
them harm. We are the thin blue
line between the two, not wanting one to have to meet the other.
That line has become thinner
each and every year I have worked
here. It is the do-more-with-less
mantra. That could mean less
people, less training, less funding;
you name it there is less of it.
This time of year we need to take
the time to thank those around us,
like them or not; spend time with
our family and friends; remember
those who are no longer with us.
We need to take the time to share
with others, maybe even help out
our favorite homeless person.
However we do it, we need to take
care of each other, our families
and those we work for.
Tell those you love that you love
them. You may not get another
chance. Even if you do not think
you have it to spare, take the time
to say the words. I’ll say it again;
you may not get another chance.
Life is short. For those that I know, those that I
have yet to meet and those I miss
so very much, Happy Holidays! In
spite of it all, I still believe in Santa
Claus and any of you are welcome
to join me where I feel most comfortable, which is front of a bonfire,
whiskey in hand.
Take care, and be safe.
HAPPY HOLIDAYS
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President’s
Message
and file of the Portland Police
Bureau have lost faith in their
leaders. Disciplinary decisions
cannot and should not be made
for reasons of political expediency. No one – not the community, not the City, not the Police Bureau, and not even Mayor
Adams and Chief Reese – will ultimately benefit from the
imposition of baseless disciplinary action.
Read us online at www.ppavigil.org
Sat 9:00am - 1:00pm
page 3
Keith Morse
from the Army in January 1988
and his first night home he
declared he was bringing dinner
for everyone! He brought MREs
(Meals Ready to Eat), an Army
delicacy with examples such as:
Meatloaf with gravy in a bag.
Yum! He wanted his family to
enjoy what he had been eating
for 2 years. Fortunately his oldest sister, Kathie, was distracted
from the taste because she was
so shocked by how physically fit
he was. Keith was a true patriot
and genuinely loved his country.
When Keith applied to work
for the Portland Police, he
was 1 of 3600 applicants. He
was grateful when he finished
ranked #6 and was offered a
position. Originally, Keith never
really had a career passion to
be a police officer. He applied
because he admired and respected his brother in-law, Paul
Georgioff (George-Off) who had
already worked for the bureau
for many years. It didn’t take
long for Keith to realize his roles
in policing gave him great opportunity to meet new people,
establish great friendships and
regularly make a difference in
the community. All of which
catered to his core values.
In 1994 he enrolled in the
Masters of Business program at
George Fox University. He continued working full time while
obtaining his degree. Keith
received his Master’s degree in
December of 1996. He walked
the stage holding his 3-week old
son, Tyler. He was proud of this
university and he is undoubtedly humbled by this celebration.
The family is extremely grateful
to George Fox for their participation in today’s celebration.
1996 was a big year for Keith
when his first and only child arrived. Tyler was the apple of his
eye and a primary focus of his
time and attention. He was always very involved in Tyler’s life
whether it was volunteering to
help at school or to coach many
of Ty’s numerous sports teams.
One year, Ty’s soccer coach
suddenly stopped showing up.
Keith quickly stepped up to the
plate to coach and organize the
kids. He knew NOTHING about
soccer. It was funny to hear 7
year-old kids tell him where
they were supposed to play and
what they were supposed to do!
Right after the game he took
the family on a trip to Powell’s
Bookstore where he bought
“How to” books on coaching
kids soccer. Keith truly enjoyed
coaching and spending time
with the kids in the commu-
nity. He started
every first team
meeting by
telling the kids,
“Family, friends
and school
always come
before sports.”
He coached
through positive
reinforcement
and was always
calm and easygoing. Keith was
a great example
to not just the
kids, but the
parents as well.
Keith had
many passions
and hobbies. The
primary problem
was finding time to do everything.
He enjoyed motorcycles and had
several street bikes through the
years including a Kawasaki GPZ
550, a Honda ST100 and a Ducati
ST3. Keith and Shannon’s first
date was to a movie on the back
of his bike. He tried to impress
her with the power and agility of
the bike however only succeeded
in scaring the daylights out of
her. He felt awful when after the
movie she suggested maybe she
should call her parents for a ride
home. After that he drove like a
sweet little ol’ grandpa on the way
home.
In the past few years, the
family got a boat which Keith
enjoyed immensely! He spent
countless hours pulling Tyler
and his friend Austin around
on an inner tube making it his
personal mission to bring them
as much fun as possible and
occasionally claiming victory
if he could dump them in the
river. He learned how to water
ski and was determined to get
up on one ski. Over and over he
crashed…never giving up until
he was finally successful.
While he had a lot of fun
with water sports, he appreciated most the opportunities to
fish. He liked all kinds of fishing
but his favorite was fly fishing. He would catch them and
throw them back. Catch them
and throw them back…he never
tired of it.
Keith also loved bird hunting. Keith brought his honor
and integrity to these sports,
never taking any bird or fish
unless he fully intended to eat
it. He made several outdoor
trips with his friend, Jim Stegemeyer, and was grateful to Jim
for giving him the opportunity
to hunt and teaching him so
many things. Keith was thrilled
when Shannon gave him a gun
dog for their 10th anniversary.
His French Brittany, Kona, was
always his faith companion.
Whether it was hunting or
fighting a terrible disease, she
brought him great joy and comfort. She misses him something
awful and she is eternally grateful Keith convinced Shannon to
let her get up on the furniture.
His family has some great
memories they would like share:
From Keith’s mother,
Blanche: Keith did not like
conflict and he was very good
at being a peacemaker. He was
always very athletic and even at
the age of 4 he would practice
no-handed cartwheels.
Continued on page 5
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The Rap Sheet | December 2010
Treasurer’s
Report
Officer Dave Dobler
Secretary-Treasurer
Remembering Keith Morse
On Saturday November 13 the
Portland Police Bureau, friends
and family met at Bauman
Auditorium on the George Fox
University campus to celebrate
the life of Keith Morse. I had
the fortunate opportunity to
work with, then SE Precinct
Commander Morse, on a number of issues going on at the
precinct at that time. He was
always very approachable and
considerate to others. As mentioned during his celebration of
life Keith Morse seemed to have
the knack of making you feel
like you and your issues were
important and you were being
heard by him. Keith Morse
was only 44 years old when he
passed on. I know for me that
helps put into a little bit more
perspective how important life
and time with your family and
loved ones really is. His passing
is a loss to the Bureau and he
will be missed.
th
PPA Cover Foundation
The PPA has been working
with Bob DelGizzi of Fiscal to
get the PPA Cover Foundation
listed as one of the eligible organizations for payroll deduction,
like the PPA Political Action
Committee (PAC). The PPA’s
Cover Foundation is a non-profit set up to assist officer’s and
their families in their time of
need. On Wednesday December
1st 2010 the Portland City Council was slated to meet and vote
on PPA’s request to make the
Cover Foundation illegible for
payroll deduction. After that,
the citizens we serve keep that
in mind.
Range Investigation
On November 19th 2010
the Oregon Peace Officer’s
Association held a banquet to
honor the dedication, bravery
and hard work of the men and
women in the law enforcement
community all around Oregon.
The awards banquet was the
culmination of several days of
training held at the Agate Beach
Inn in Newport, Oregon. There
were a large number of PPB
members in attendance for the
Purple Heart Award presented
to Officer Chris Burley for his
bravery and service regarding the shooting involving Mr.
Keyton Otis on May 12th 2010
near NE 6th and Halsey Street.
PPA Vice President Chris Kulp
was able to attend this training
and we hope he will be able to
share some of the highlights of
this training in a upcoming Rap
Sheet article.
One of the things that occurred to me, and other PPB
Officers in attendance, was
the types of law enforcement
incidents being recognized for
awards. There is a wide variety
of serious and lethal force encounters around the state. Not
surprisingly many of them surround suicidal subjects. Clearly
every case was dangerous in
its own way and had different
circumstances and outcomes.
Let’s hope that the media and
Recently an investigator from
Oregon OSHA, Sharon Dey,
visited the Central Precinct firing range regarding a complaint
filed with OSHA. The final
report from OSHA is not yet
out. The investigator spoke with
a few members and range staff
to find out how much individual
exposure members receive not
only at the range but throughout their day. OSHA performed
some limited testing at the
range. PPA Vice President Tom
Perkins attended one of the
most recent meetings regarding
this concern. OSHA guidelines
state that an agency must have
a hearing conservation program for all employees exposed
to noise levels above 85dBA.
The degree of noise exposure
depends on the type of weapon
fired at the range (handgun,
shotgun or rifle) and what type
of hearing protection is worn
by each member. Additionally,
OSHA considers the type of
structural mitigation (to absorb
sound) is used at the range. One
concern brought up was members should be doing the most
to protect themselves, using the
small foam ear plugs as well as
the larger hard shell ear muffs.
Regardless what the cause or if
anyone is at fault once the hearing damage is done, its done.
Some hearing loss can also
cause tinnitus or ringing in the
ears and this can be permanent.
This is just another area where
we should all take extra care to
protect ourselves. Once a final
report is out we will provide
that information to the membership and post it on the PPA
website.
golden boy looks, could possibly
go undercover and make anyone
believe he was a drug buyer and
not a cop. Ok yes, the earring,
but come on.
He remembers Keith taking
Joshua, Daniel and Tyler and
himself on the boat at Haag
Lake and him jumping in even
though he had been taking injections in his stomach and was
not fully healthy. It is one of my
boys’ greatest memories.
He remembers he picked
up the phrases “crimony” and
“pantywaist” from Keith.
He remembers Keith twice
came to the Boys and Girls Aid
Society where he worked and
talked to the kids about working with the police. One time he
brought the “Don’t Do Drugs”
Camaro and the kids got their
pictures taken in it. He also told
the kids that this was a new
generation of police force, no
donuts and coffee…now it was
lattes and scones.
He remembers holding
Keith’s hand as he passed away.
Keith was an amazing husband, father and friend. He was
the ultimate example of what it
means to be polite, respectful,
caring and trusted. You didn’t
have to know him well to quickly
understand he was kind, gentle
and profoundly sincere. He truly
succeeded in leaving the world a
better place because he was here.
He leaves a legacy of goodness
and he is greatly missed.
the next step will be getting the
go ahead from Fiscal to make up
member authorization cards for
those wishing to give monthly
to this cause.
Oregon Peace Officers
Association Awards
Proudly serving
Members of law enforcement and their Families
Kathleen K. Sheridan, RN, PMHNP
Psychiatric Mental Health Nurse Practitioner
Specializing in PTSD, Anxiety, Panic, Depression
6034 NE Sandy Blvd.
Portland, OR 97213
503-360-6303
www.kathleensheridan.com
Medical & theraputic
treatment for:
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Chronicneckandlowbackpain
Headachesandmigraines
Shoulder/rotatorcuffinjuries
Sciaticpain–pinchednerve
Massage
Therapeuticexercise,including
athleticperspective.
Debra Glasser, M.D.
Internal Medicine
Janel Guyette, M.D.
Family Practice
Joan P. Takacs, D.O.
John M. Takacs, D.O.
former Portland Reserve Police Officer
5909SEDivisionStreet
Portland,Oregon97206
503-234-1531phone
www.anthroclinic.com
Serving the law enforcement
community for over thirty years
Specializing in
counseling officers,
their spouses
and their families
Dr. Frank P. Colistro, Ed. D.
3033 NE Broadway
Portland Oregon 97232
Phone 503-281-2878
Fax 503-281-2879
From his sister, Kathie: Keith
was somewhat lost after high
school and so he came to Denver,
Colorado to spend the summer
with her and her husband, Paul.
All 3 of them look back on this
summer as one of their favorites.
From his sister, Sandi: When
she was in high school, she
begged Keith to disco dance
with her. So she built a routine
and he was her dance partner…
as long as no one was watching.
She also remembers Keith ate
sooooo slowly and it was very
frustrating because they had to
wait until everyone was finished
to leave the table.
From his brother, Mark:
Remembers wondering how it
was possible that Keith with the
page 5
Legal
Corner
Will Aitchison
Attorney at Law
The PPA
and binding
arbitration
With the Chief’s decision to
fire Officer Ron Frashour, and
to give 80-hour suspensions
to Sergeants John Birkinbine
and Liani Reyna and to Officer
Ryan Lewton, there’s been a fair
amount of focus on the arbitration clause in the PPA’s contract.
The usual group of police critics
claim that arbitration favors the
PPA, or that there’s something
unusual about the PPA’s binding
arbitration rights. And, as with
many things, the usual group of
critics are wrong.
The discipline requirements
of the PPA’s contract – found
in Articles 20 and 21 – are very
standard for a labor agreement.
They simply require that the
City’s disciplinary decisions be
made for “just cause.” The “just
cause” standard has been in
labor agreements since there’s
been collective bargaining, and
obligates an employer to make
disciplinary decisions that are
fair and appropriate.
The grievance procedure in the
PPA’s contract – found in Article
22 – is also a very standard grievance procedure, and has remained
essentially unchanged since the
PPA’s first contracts back in the
1970’s. Grievances can be filed by
any employee within 20 days of
learning of a contract violation,
and are processed through preliminary steps of the employee’s
immediate supervisor (Step 1),
the Chief’s Office (Step 2), and the
Bureau of Human Resources (Step
3). If a grievance is unresolved
after Step 3, then the PPA has the
discretion to refer it to binding
arbitration.
The PPA makes the decision
whether to refer a grievance
to arbitration using a two-step
process. First, the PPA’s Grievance Committee, a committee
of Executive Board members
appointed by the PPA President,
holds a meeting to consider the
grievance. The employee is invited to make a presentation and
to bring any other individuals
who have additional information
to add. The Grievance Committee then votes on the grievance,
deciding to recommend that the
page 6
Executive Board either proceed
to arbitration or terminate the
grievance. The second step of the
process usually occurs within a
week, when the Executive Board
makes the final decision on the
grievance.
With that backdrop, let’s take
a look at some of the questions
that are asked about the grievance and arbitration process.
How Are Arbitrators
Picked? Oregon’s Employment
Relations Board maintains a list
of qualified arbitrators. When the
PPA refers a grievance to arbitration, the Board sends the PPA
and the City a list of five names
drawn from the arbitration list.
The PPA and the City then each
remove two names from the list,
with the remaining name becoming the arbitrator.
How Does One Become
An Arbitrator? There’s no one
route to becoming qualified as an
arbitrator. Most arbitrators today
are lawyers, and to get on the
Board’s list, have to have experience elsewhere with arbitration.
A fair number of arbitrators once
were labor advocates – usually
for employers – who have now
decided to become “neutrals.”
Other arbitrators have never
been labor advocates, and come
to the profession after serving as
a mediator or perhaps simply being a lawyer in private practice.
Can The Records Of Labor
Arbitrators Be Researched?
In the electronic age, it’s fairly
easy to keep track of the decisions of arbitrators even though
most arbitration decisions (well
over 95%) are theoretically not
published. Advocates on both
sides maintain e-mail lists, and
when an arbitrator appears on
a list circulated by the Board,
often use e-mail to communicate
about the history of an arbitrator. Many arbitration opinions
appear on the Web in some
form or another, and there are
even arbitrator-rating services
available for a fee. If you put all
this together, you should have
a pretty good idea of the track
records of arbitrators when you
begin to strike names from a
Board list.
What Procedures Are
Used In Arbitration? An
arbitration hearing most closely
resembles a non-jury trial, with
the arbitrator sitting in the role
of the judge. There are some key
differences, though. Arbitration
hearings are more informal (no
robes), and are held in conference rooms rather than courtrooms. The rules of evidence are
relaxed, with most arbitrators
willing to consider evidence that
might not be admissible in court.
Apart from the informality,
though, an arbitration hearing
would be readily recognizable
to any police officer. Opening
statements are given, witnesses
testify and are cross-examined,
exhibits are introduced, and
transcripts are prepared.
Can Arbitration Decisions
Be Appealed? Almost every labor
contract, including the PPA’s,
provides that arbitration is “final
and binding.” That means that an
arbitrator’s decision cannot be
appealed simply because the arbitrator was wrong. To overturn an
arbitrator’s opinion, a party generally needs to show that the arbitrator engaged in fraud or made a
decision beyond his/her authority
under the labor contract.
Who Have Been The Arbitrators In Some Of The PPA’s
Important Cases? To listen to
the Oregonian, the PPA’s labor
arbitrators have been secondrate shaman who barely know
their craft. Once again, just the
opposite is true. The PPA has
gone to arbitration twice on
wages. The most recent decision, which split the PPA out
from other City employees for
health insurance purposes, was
rendered by Carlton Snow. Snow
was the former dean of Willamette Law School, later served
as the labor law and contracts
professor at Willamette, was the
Vice-President of the prestigious
National Academy of Arbitrators, and was widely regarded as
a premier arbitrator. Tom Levak,
who awarded the PPA a 10%
wage increase in 1985, is another
NAA member, has been arbitrating more than 30 years, and once
was a management lawyer.
John Truesdale, the Maryland
arbitrator who ruled that Officer
Scott McCollister’s 900-hour
suspension was invalid, was
twice the chair of the National
Labor Relations Board, and has
had a 40-year career as a neutral.
Mike Beck, the Seattle arbitrator who overturned Officer Eric
Carter’s termination, is a lawyer
with more than 1,000 arbitration decisions under his belt,
and is another NAA member.
Good men live on
through giving
NOTE: The following is from a letter between Z-man Scholarship Foundation
board members. The second, from Keith Morse’s widow, Shannon. Thank you,
Morse family. Keith will live on in our hearts.
Dear Z-Man E-Board Members,
With mixed emotions, I wanted to inform you that the Foundation
received a $10,000 donation this week. This extremely generous
donation was received from the family of Captain Keith A. Morse.
Captain Morse passed away on November 6 after a long battle with
illness. I have attached the letter that we received from his wife,
Shannon.
Captain Morse contacted representatives of the Foundation a number of months ago. He expressed his support of what the Z-Man
Foundation stood for and he asked that donations to his cause be
designated to the work of the Z-Man Scholarship Foundation.
Rich Moehl
Z-Man Scholarship Foundation
Dear Z-Man Scholarship Coordinator,
Enclosed please find a gift in loving memory of, Keith A. Morse.
Keith was a police captain and worked for the Portland Police for
19 years. He knew, and greatly admired Officer Mark Zylawy. It was
always his intention to support the Z-Man Scholarship Foundation.
Please know this gift is given with great love and respect. On behalf
of Keith and his family, we are honored to help you continue to give
back to the communities of need.
Sincerely,
Shannon Morse
Martin Henner, the arbitrator
who overturned Doug Erickson’s
termination in the case involving the shooting of an armed
suspect who fled from a Tri-Met
bus, was a Eugene lawyer who,
at the time, was on the Board of
the Oregon ACLU. Gary Axon,
who overturned the terminations of Officers Jim Gallaway
and Craig Ward in the so-called
“possum incident,” taught labor
law at Southern Oregon State
University and is another wellrespected NAA member. Finally,
Paul Hanlon, who overturned
the terminations of Officers Paul
Wickersham and Dick Montee in
the so-called “smoke ‘em, don’t
choke ‘em T-shirt case,” was one
of the most respected arbitrators
in the country, having decided
thousands of cases involving the
automobile and other industries.
So If The Process Is Neutral, And The Arbitrators Are
Neutral, How Does One Account For The PPA’s Track Record In Arbitration? Without
being too facile, there’s an easy
answer to this question. When
the PPA has won in arbitration,
it’s because the City’s decision
was wrong. Remember, the PPA
gets to choose which cases go
to arbitration. It’s only natural
that the PPA will win most of
the cases that end up in that
forum. There are many other
cases where, after looking at the
case, the PPA has agreed with
the City’s decision and simply
terminated an arbitration.
So why does the City seemingly consistently get it wrong
in big cases? Once again, there’s
an easy answer to this question.
More than any other employer
with which I have dealt (and I’ve
dealt with more than 100 over
my career), the City of Portland
makes labor relations decisions
on a political basis. Decisions to
fire or discipline employees in
controversial cases have been
made hastily, in disregard of
the facts, in disregard of prior
disciplinary decisions, and in disregard of the law, all to achieve
the intended political result. The
City has seemed almost visibly
content to make bad disciplinary decisions in controversial
cases knowing that an arbitrator will reverse the decisions,
and to then stand back and
criticize the arbitration process
as unfair. In truth, the arbitration process corrects unfairness,
and has worked well to do so in
the political maelstrom that is
Portland.
DCTU membership votes
yes on contract proposal
Kathryn Alsworth
Communication Editor
AFSCME local 189
During the week of October
25-29th the membership of the
six unions, which make up the
DCTU, expressed their collective
opinion of the recently submitted
tentative agreement. The election resulted in an overwhelming
vote in favor of the agreement
that will now officially become a
contract when ratified by the City
council. This action is expected to
occur before November 5th.
Each of the six unions voted to
approve the agreement although
some more than others. The two
largest unions, AFSCME and
Laborers Local 483, voted 3 to 1
in favor and most of the smaller
unions such as the Operating
Engineers, Machinists, and the
Plumbers voted in excess of 90%
in favor. The Painters and the
IBEW showed more opposition
but still voted to approve by a
solid 2 to 1 margin.
These numbers suggest strong
support for the prospective
contract and that seems to be
the case among those who voted.
Unfortunately the numbers of
those who voted and those who
didn’t are almost equal. These low
turnout numbers could suggest a
lack of interest or disapproval of
the process. There is no way to really know why some people didn’t
vote. Some say that the turnout is
typical and does not indicate anything out of the ordinary. Anyway,
good or bad, the membership has
spoken and approved this proposal which will ultimately be our
contract until July 1, 2013.
The good thing is that this
particular roller coaster ride is
now over. The DCTU bargaining
team should be commended on
its performance while under fire
during the combat situation that
has always typified the bargaining experience with the City of
Portland. During the course of
this contract many classifications
will receive some salary increases
independent of the Cost of Living
(COLA). Any salary increase or
promise of such is not common in
this economic environment. Improved language concerning contracting out is also included and
we now have a wage study written
in the contract. This means that
the 2013 bargaining session will
have some benchmarks to use
and this will give the union some
momentum from the start. Not
too bad for an agreement negotiated during the Great Recession.
So now it is time to pick up the
Special thanks for donation to Canine Unit
This was not exactly great timing.
In more behind the scene maneuverings, it is in the works for
the nonrepresented
City employees to receive
a 4.1% pay increase this year.
This was something coordinated
earlier this year and agreed upon
prior to July 1st which is when
the pay freeze took effect. Who
says that the City has a problem
with timing?
These employees are in the
unenviable position of being
unrepresented by a union and
hence have little job security. This
is probably part of the reasoning concerning this increase. It is
unclear whether management is
included in this group.
Considering the City’s tendency to take special care of management it is unlikely that they will
not be remembered when the City
decides to hand out the rewards.
Proud to service the Portland Police!
Call for Auto, Home or Commercial
www.PrecisionGlassUSA.com
(503) 760-1298
for the real life situations they will face after their
training classes and will prove to benefit our canine
unit for many years to come.
Daryl Campbell
Campbell Fencing
Dear Mr. Campbell
I wish to thank you and your employees for the recent
donation to our Canine Unit. It was brought to my
attention that you became aware of improvements
that needed to be made to our canine obstacle and
training course. You not only offered your assistance
to us but you designed and donated all of the labor
and materials as well. Your attention to detail and to
our specific needs was overwhelmingly apparent. The
six sections of fencing that you installed are built with
outstanding quality and craftsmanship. These fences
will assist our working partners to be better prepared
Caption this:
pieces and look forward to our
new four day Thanksgiving holiday weekend.
Meanwhile the City is still
in Halloween mode and thus
has a few tricks. This is typical
post bargaining behavior. One
coincidentally concerns contracting out. The Water bureau and the
Bureau of Environmental Services
recently contracted out flagging
and bypass work on a west side
job. City workers were required
to set up the job site since the
contractor was only interested
in doing the flagging. When the
union protested this action, BES
management responded by stating that they have historically
contracted out whenever they
pleased. A grievance will be filed
in response to this transgression.
All this happened while the DCTU
was in the midst of ratifying our
new thre year tentative contract.
Submit your caption idea to
and enter to win a $10
Starbucks card.
RIGHT: PPB Canine Unit officers, of both the two and
four-legged variety, utilize the
quality fencing donated by
Campbell Fencing. Thanks for
your support.
This photo DOES meet the spirit
of “Caption this” criteria. This
time the dog gets to speak too.
Again, thank you for your continued support of our
Canine Unit through your assistance not only with our
obstacle course but also with the ongoing use of your
facility. The partnership that you have built with the
canine unit is truly valuable to the training of our police canine teams. Your generosity has made a major
contribution to the Police Bureau and improved the
safety of all residents in the City Of Portland.
Sincerely,
Captain Todd Wyatt
Traffic Division
There IS life after
police work ...
Portland Patrol Inc. (PPI) provides armed security
services to a variety of clients in the City of Portland including many within the 213 square blocks of its downtown
Business Improvement District.
We currently have several retired Portland Police Bureau
officers and supervisors working with us at PPI.
PPI provides excellent wages and benefits including a
health care package and vacation time to its full-time
employees. We offer flexible work schedules and have
openings for both full-time and part-time positions.
Whether you’re interested in working for PPI or just want
to find out more information, please give PPI a call at
503.224.7383 and ask to speak to a supervisor.
Portland Patrol Inc.
208 NW 1st Avenue
Portland, Oregon 97209
phone 503.224.7383
page 7
Justifying temporary
detentions
How much suspicion is enough?
Devallis Rutledge
Since the 1968 decision in Terry
v. Ohio, the U.S. Supreme Court
has divided police infringements on a suspect’s liberty into
two principal categories: detentions and arrests.
A detention occurs when an
officer has said or done something that would cause a reasonable innocent person to believe
he is not free to disregard the
police presence and go about
his business. (Florida v. Bostick)
A detention must be justified
by “reasonable suspicion” of
criminal activity on the part of
the detainee. Under this standard, it is counter-productive
error for officers to speak of “PC
for the stop.” Probable cause is
never constitutionally required
for detentions. (US v. Sokolow)
An arrest occurs when a person is told he is under arrest and
submits to custody, or when the
person is restrained beyond the
bounds of a temporary detention (such as being involuntarily
transported to the police station
for investigation). (Kaupp v.
Texas) An arrest must be supported by “probable cause” to
suspect the arrestee of a criminal act. (Beck v. Ohio) Although
it isn’t always easy to determine
when an encounter that starts
as a detention ripens into an arrest, some of the characteristics
of each level can be set apart.
Assorted Detentions
Detentions include the pedestrian stop, the vehicle stop,
and the restraint of occupants
while a search warrant is being
served. The lawfulness of this
latter kind of detention is rarely
in question, because the Supreme Court has ruled that the
existence of a valid search warrant “implicitly carries with it
the limited authority to detain
the occupants of the premises
while a proper search is conducted.” (Michigan v. Summers)
The lawfulness of ped stops
and vehicle stops, on the other
hand, has been the subject of
numerous decisions attempting
to define the circumstances that
may justify the detention, and
to set the boundaries of permissible investigative activity.
What Does “Reasonable
Suspicion” Mean?
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page 8
Reasonable suspicion is “a particularized and objective basis for
suspecting the particular person
stopped of criminal activity.” (US
v. Cortez) The facts known to the
officer and the inferences drawn
based on the officer’s training
and experience “need not rule
out the possibility of innocent
conduct.” (US v. Arvizu) Reasonable suspicion is a lower level of
justification than the probable
cause required for arrest, and it
can be established with evidence
that is lower in both reliability and amount than would be
needed for PC, as the court has
said in a pair of decisions:
“The police can stop and briefly detain a person for investigative purposes if the officer has a
reasonable suspicion supported
by articulable facts that criminal
activity may be afoot, even if the
officer lacks probable cause. The
officer, of course, must be able to
articulate something more than
an inchoate and unparticularized suspicion or hunch.
“The level of suspicion
required for a detention is obviously less demanding than that
for probable cause. The Fourth
Amendment requires some min-
imal level of objective justification for making the stop. That
level of suspicion is considerably
less than proof of wrongdoing by a preponderance of the
evidence.” (US v. Sokolow)
“Reasonable suspicion is a
less demanding standard than
probable cause not only in the
sense that reasonable suspicion
can be established with information that is different in quantity
or content than that required
to establish probable cause, but
also in the sense that reasonable
suspicion can arise from information that is less reliable than
that required to show probable
cause.” (Alabama v. White)
What Could Justify a
Detention?
The Supreme Court has
considered several common
circumstances that might be
relied on by law enforcement officers to initiate an investigative
detention. These cases create a
list of factors that can be used
to show that a ped stop or car
stop was reasonable under the
Fourth Amendment.
Collective knowledge: “Effective law enforcement cannot be
conducted unless police officers can act on directions and
information transmitted by one
officer to another. This rule is
a matter of common sense and
enables officers in one jurisdiction to act promptly in reliance
on information from another
jurisdiction.” (US v. Hensley)
The “collective knowledge
doctrine” permits a vehicle stop
based on a wanted flier, a radio
broadcast, or an NCIC hit. It also
permits a sergeant or detective
who sees a suspected impaired
driver to radio the pertinent information to a patrol officer, who can
then lawfully stop the vehicle.
Observations, training, and
experience: “When discussing
how reviewing courts should
make reasonable-suspicion
determinations, we have repeatedly said that they must look at
the totality of the circumstances
of each case to see whether the
officer has a particularized and
objective basis for suspecting
legal wrongdoing. This process
allows officers to draw on their
own experience and specialized training to make inferences
from and deductions about the
cumulative information available
to them that might well elude an
untrained person.” (US v. Arvizu)
Drug courier profiles: Although hunches and racial
profiles cannot form the basis of
a stop, specific traits of particular kinds of criminals may. For
example, a nervous traveler who
buys a roundtrip airline ticket
from a drug source city to a
distribution hub with only hours
before the turnaround and who
pays cash and carries no luggage,
fits a courier profile known to
well-trained narcotics investigators, justifying an investigative
detention. (US v. Sokolow)
Unprovoked flight in a highcrime area: There is nothing
particularly suspicious about a
person’s mere presence in a highcrime area, since some people
live in such places or must travel
through them. (Brown v. Texas)
However, when a marked police
car pulls into a high-crime area
and people start running away
for no apparent reason, this is
reasonable suspicion to stop
them. “Headlong flight-wherever
it occurs-is the consummate act
of evasion: it is not necessarily
indicative of wrongdoing, but is
certainly suggestive of such.” (Illinois v. Wardlow)
Traffic violations: An officer
who suspects the driver or passengers of a vehicle of criminal behavior is allowed to use an observed
traffic violation as a reason to stop
the vehicle for a brief investigation, during which observations
and questioning may establish PC
for an arrest. (Arkansas v. Sullivan;
Virginia v. Moore)
Checkpoints: Law enforcement
agencies may establish detention
checkpoints to look for illegal
aliens entering the country (US v.
Cortez), to check for unlicensed
drivers (Delaware v. Prouse; Texas
v. Brown), to screen drivers for
impairment (Michigan v. Sitz), to
solicit witnesses to a recent crime
(Illinois v. Lidster), or to catch a
dangerous criminal who is likely
to use a particular escape route.
(Indianapolis v. Edmond)
Length of Detentions
“In assessing whether a detention is too long in duration to be
justified as an investigative stop,
we consider it appropriate to
examine whether the police diligently pursued a means of investigation that was likely to confirm
or dispel their suspicions quickly.”
(US v. Sharpe) There is no set time
limit on detentions; the length
of the detention will depend on
the circumstances. “Police often
are not yet aware of the exact
sequence and scope of events they
are investigating-indeed, that is
why police must investigate in the
first place.” (Texas v. Cobb)
Devallis Rutledge is a former police
officer and veteran prosecutor who
currently serves as Special Counsel to
the Los Angeles County District Attorney.
He is the author of 12 books, including
“Investigative Constitutional Law.”
COPYRIGHT © 2010 POLICE Magazine.
ALL RIGHTS RESERVED.
Lessons
Learned
Captain James Harvey
Retired PPB
The decline of
civil society
It was Sunday, November 7,
2010 about 9:45 PM when Riverside, California Police Officer
Ryan Bonaminio suspected he
was following a big-rig cab that
had been involved in a hit-andrun accident. Bonaminio attempted to pull over the suspect
vehicle on California’s Freeway
60, but the driver ignored the
emergency lights and siren.
Eventually, the driver exited the
freeway and drove to Fairmount
Park, stopped, got out of the cab
and ran into the park. At this
point the 27 year-old officer,
with four years police service
and two tours of service in Iraq,
began a foot pursuit without
waiting for back-up.
Officer Bonaminio had no
way of knowing that the man he
was chasing was an ex-convict
on parole with an extensive rapsheet. He had no way of knowing that the cab had just been
stolen from the yard of a heavy
equipment rental company.
The suspect waited and ambushed the officer, beating him
severely with what reporters
called a “metal weight bar”. He
then shot and killed Bonaminio
with the officer’s own Glock
pistol.
Responding officers found
the police car at the park with
its lights flashing, but the
cab was gone. The dashboard
camera was still running and
showed a black man in his midforties climbing back into the
driver’s seat and driving off.
When the cab was located,
investigators lifted a fingerprint
where the thief had done his
hot-wiring work. They soon
learned it belonged to Earl Ellis
Green, 44; the man in the dashboard camera’s recording.
Several locations were placed
under surveillance. Green even-
tually left one of them with his
girl friend. They were followed
to a Target Store parking lot
where Green was taken into
custody by a determined law
enforcement team. The officer’s
pistol was found during a search
of a house Green had used. It
was just three days after the officer’s brutal death.
This event caused a Los
Angeles talk show host to recall
a female LAPD officer pursuing
a subject on foot who attempted
to enter a house. She caught
him, but he reached into his
waistband, drew a pistol, and
shot her. She is paralyzed from
the waist down. She was interviewed on the air about the sixyear-old incident. Clearly police
work is a tougher job today
than it was 55 years ago in quiet
Portland town.
But Portland has its own collection of disturbed and violent
people now. I spoke about the
changes in society with former
Police Chief Dick Walker, who
had been my partner in the
early years. We worked in a traffic enforcement car in southwest Portland and things were
quiet then. Now there are gang
shootings and street assaults in
the downtown area, Walker observed. Portland’s environment
is very different today.
What has caused the decline
Project Blue Light honors
fallen law enforcement
Rap Sheet staff
More than twenty years ago,
Mrs. Dolly Craig of Philadelphia, decorated her windows
with two blue lights for the
holidays—one blue light
in memory her son-in-law,
Philadelphia Police Officer
Danny Gleason, who was shot
and killed in the line of duty
in 1986—the other blue light
in memory of her daughter,
Gleason’s widow, who had
been killed in a car crash that
same year.
Though Mrs. Craig has since
passed away, her tradition
continues. Today, Project Blue
Light is practiced nationally.
Mrs. Dolly Craig wrote a letter
to Concerns of Police Survivors (C.O.P.S.) in 1988 explaining her idea to decorate
with blue lights. She thought
others might like to share her
idea. They certainly did.
It originated as a simple concept—a single blue light in the
window in memory of fallen
officers. Project Blue Light’s
idea has expanded to include
decorating with strings of blue
lights at homes and precincts
across the country. Many law
enforcement agencies participate by holding their own Blue
Light ceremonies.
This holiday season marks
anniversaries of significant
law enforcement losses not
only in our Bureau, but across
the Pacific Northwest.
For those of you who are still
waiting to decorate for the
holidays, keep the blue lights
in mind.
of civil behavior in society today
with its concomitant rise in violence? Surely there are multiple
causes that could keep serious
sociologists busy for years.
Aside from the sociological
factors, police work has become
much more complicated. Five
decades ago a police officer
was allowed to shoot a “fleeing
felon.” It seemed to be simple –
that person committed a felony;
therefore I may shoot him. The
professional criminals knew
that. The words, “Stop or I’ll
shoot,” had real world meaning.
Now a series of other conditions are imposed by changes
in the law and court decisions.
Forget the fleeing. Was the officer under attack and fearful
for his or her life? Was the assailant armed with a dangerous
weapon?
Society is not like the one we
grew up in. Prisoners are often
released early with erroneous
evaluations of “low level nonviolent risk.” Parole officers’
case loads make it impossible
to supervise clients properly.
There are insufficient facilities
for mental cases that now roam
the streets. Sexual predators
snatch children going to or from
school. People high on drugs
roam about in public places.
Portland’s news media tend
to bring a negative focus on
difficult police actions. It is
time for reporters and editorial
writers to recognize that today’s
society is not like the one they
grew up in, either. They would
benefit from taking the light rail
from the airport to the Sunset
Transit Station at all hours. Witness Portland as it is today!
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Michael Colbach
Personal Injury Attorney
503-243-1900
434 NW 19th Avenue
Portland, OR 97209
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[email protected]
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page 9
Retirees
Corner
OVER THE HILL GANG
LUNCH
We gathered at the Refectory on Wed. Sept.22nd for
the monthly get-together
of the group. Most arrived
by 11:30am. Some of those
present were; Al Dean, Bob
Warner, Bob Cox, Mace Flye,
Harry Boggs, Mel Walker,
Glen Griffitts, Norm Rosenbloom and Aaron Harvey,
Our speaker was a new member to our group, Monty Montague, who retired from the Los
Angeles County Sheriff’s office
in 1976. Monty was also in the
Navy Submarine service in Pearl
Harbor on Dec. 7, 1941.
Monty was in charge of
the security detail for Surhan
Surhan after he assassinated
Robert Kennedy. This was the
subject of his presentation. It
was interesting to hear all of
the minute details that went
into guarding him to avoid what
happened in Dallas.
Others listening to the talk
and enjoying the food besides
Linda and I, included Hal and
Eleanor Gowing, Doris and
Dick Kuntz, Ruth Dunafon,
Bob Walliker, and Paul Bonar
showed up from Salem, and the
“beach boys”, Bruce Sherman
and George Porter drove in
from the beach.
Our October lunch will be the
last one for this year since we
don’t meet in Nov. and Dec. due
to Thanksgiving and Christmas.
We will meet again in Jan. 2011
and resume where we left off.
BREAKFAST AT DENNY’S
Columbus Day broke early,
dark and cold. I fully intended
to ride my Harley to the breakfast, after rolling out of bed at
5:30am, but after struggling to
bend over to put my socks on,
I figured I would have a tough
time getting my boots and
leathers on. So I swallowed my
pride and drove the car.
We had a good size group
this time, and when I arrived
at 7am on the dot, the table
was almost filled. Rick Olsen
arrived just ahead of me, riding his bike. But he is young,
and able to bend over to tie his
shoes. Gene Thoming was just
ahead of me too.
I was glad to see Joe Murillo
sitting in his usual spot at the
head of the table. Others already there were Glen Griffitts,
Bob LaGae, Denny Baker,
Scott Field, Jerry Klinger, and
page 10
Lieutenant Bob Roberts
PPB Retired
Mel Walker. Mel left early,
and I think he volunteers at a
hospital.
The “beach boys”, George
Porter and Bruce Sherman
were early as usual, and I think
they mentioned they had
quite a bit of fog. We also had
Dallas Taggart, Peter Bates,
Gary Fantz, Don Seamster, Al
Freauff, and Bob Dorney.
Bob LaGae went hunting with his partner, up in the
Imnaha area, and had some bad
luck. They were pulling a trailer
and his clutch went goofy, but
they limped into camp. They ran
into Scotty Field and visited
with him for awhile, but decided
to try to get the truck back to
safety. They left the trailer
somewhere in Eastern Oregon
and limped back home and got it
fixed. But, no deer. Scotty said
he didn’t get one either.
Anyway, it was an animated
group with talk of hunting,
motorcycles, etc. Come join us
at Denny’s, 10121 SE 82nd, the
second Monday of each month,
at 7am.
I have been asked to make
a grim reminder to all of our
“old folks”, be sure you have an
updated will. As circumstances
change, update your will. It can
save a lot of hassles later for
your children and heirs.
The internet is alive with
righteous indignation over the
attempt by the Pension Board
to recover over-payments of
pensions to retirees who retired
after 1991. The Pension Board
has given 2 options; Lump sum
payback or no COLA until it is
all paid back, which would be
several years.
The Police and Fire have sort
of joined together, and are also
working with the Unions to fight
it. Police retirees Bob White,
Jay DeClercque and Dave Cook
have taken an active roll in fighting this. Dave Cook estimates
as many as 900, police and fire,
could be affected.
The Pension Board has indicated it would not start payback
until August next year. At this
point the possibility of a classaction suit is very real.
Dave Cook’s phone number
should be; 1-775-751-6615.
email;[email protected].
ANNUAL RETIREES
CHRISTMAS DINNER
Please put Friday, Dec. 10
2010 on your calendar. We will
meet at the Milwaukie Elks,
13121 SE McLaughlin for this
auspicious occasion, starting at
11am for no-host cocktails, and
lunch at noon.
This is a Buffet lunch, with
turkey and dressing, Swiss steak
and gravy, mashed potatoes and
gravy, salad, veggie and dessert,
all for $10. (Guests, $12). We
will also have Sunshine Division
barrels set up for non-perishable donations.
Included in this newsletter
is a self-addressed envelope to
Sally Bible, with two separate
notes. One is the dues notice,
and one is the dinner announcement. If you want to pay your
dues and attend the dinner, one
check for both will suffice. Even
if you are not a member, and
don’t want to join, you can still
attend the dinner and send in
your money for that. Just mark
on the check what it’s for.
Dues are $20 for retired officers, and Associates, $10 for
widows or widowers of officers.
By joining, you get a newsletter
each month, and the blue roster
of all retirees and widows. We
also have a big picnic at North
Clackamas Park in June.
We held our general Meeting on Wed. Oct. 20, 2010, at
the VFW Hall, 3405 SE 87th. We
opened the doors at 11am and
they started trickling in. We
finally reached a paltry 27 souls
showing up.
We opened the meeting at
noon, with Howard Soumie leading us in the flag salute, followed
with Dick Wemhoener leading
us in prayer. Since the ladies had
set up the table with sandwiches,
cookies, salads, pickles and olives,
we suspended the meeting temporarily and dined.
We resumed the meeting and
started with Sue Nilsen reading
the minutes of the last meeting. Since Sally Bible had some
extensive dental work done and
was home recuperating, I gave
the treasurer’s report.
With so much interest being
shown regarding the FPDR’s
“pay-back” of funds due to
an error many years ago, we
discussed this issue. Bob White
has taken a keen interest in
this, and came to the meeting to explain what has been
happening so far. He has been
in contact with the PPA, who
has taken an interest in this
issue. As of now, it is sort of
“wait and see” for what comes
up next. With so many of our
“active” members who will not
be affected, it is hard to stir up
a rabid interest in it.
We discussed the upcoming Christmas party, and the
upcoming dues paying time.
We also wished Eleanor-NasbyGowing a happy birthday. By
the way, Monday was Hal and
Eleanor’s first anniversary,
which Linda and I and Mary
and Bob Schippers helped
them celebrate by joining them
at Saylors Country Kitchen.
We then ended the meeting
with Kenny Zapp passing the
hat to gather name tags for the
drawing. The 1st name drawn
was Howard Soumie, and the
2nd name was Sue Nilsen, and
each took home $25. With that
we closed the meeting.
Last month Sally Bible
learned that Anne Moen,
widow of Einar Moen, had
fallen and was in Meridian Park
Hospital. Anne lives in assisted
living in King City. Sally visited
with her and Anne remembered
her but didn’t recognize her.
She had a nice visit, and Anne
says she misses her old gang.
Anne is 95.
I ran across a familiar name
and face while perusing the
obits the other day. Those of
you that worked at second and
Oak will remember the smiling face of the head janitor,
Joe Henderson, also known as
“little Joe”. Joseph H. Henderson was born July 2, 1928
in Chicago, and died Sept 24,
2010.
After leaving two and Oak,
he stayed with the City and was
park operations foreman.
Many years later while camping in a camp ground in the
back waters of Brownlee Dam,
we ran across Joe, with his wife
and family, also camping and
fishing. We had a nice visit.
Joe is survived by his wife,
Mary E.; son Daryl K. and
daughter Gloria J. Little.
Taps
Shaylor
June M. Shaylor, widow of
Robert Shaylor, born June 2,
1921 in Long Beach, CA. died
Aug. 25, 2010. She was a bookkeeper for a medical supply
company.
June is survived by her
daughters, Patti Jo McBride
and Jacqueline Shaylor.
Zornado
Maxine Zornado, widow of
Al Zornado, born Dec. 12, 1926
in Portland, died Sept. 9, 2010.
She graduated from Franklin
High School. She worked as a
cocktail waitress at several bars
in the ‘40s, 50s and 60s. She
later became the office Manager foe Continental Detective
Agency.
She married Al Zornado
in 1966. He preceded her in
death in 1983. She is survived
by daughter, Jackie Portwood,
stepdaughter, Marilyn Zornado;
several grandchildren and several great-grandchildren.
Thompson
Robert L. Thompson, born
April 22, 1920 in Prairie City,
died Oct. 3, 2010, at age 90.
Bob joined the Portland Police
Feb. 10, 1947, and retired April
5, 1973. Most of the time was
spent at North Precinct.
He is survived by his son,
Mark. He was preceded in death
by his wife, Lucy
Laurens
Gerald “Jerry” Laurens,
born June 15, 1918, in Portland, died Oct. 10, 2010 at age
92. He graduated from Commerce High School, and attended Willamette University
on a football Scholarship. He is
in the National Football Hall of
Fame, and the Cleveland High
School Hall of Fame. He officiated basketball and football
games in the Pac Ten.
He joined the Portland Police
Feb. 6, 1942, and retired as a
Sgt, Apr. 20, 1972. He retired
from active duty and the Reserves in the Coast Guard as a
Lt, Commander.
He was a Royal Rosarian,
lifetime member of the Masonic
Lodge, Shriner, and member of
the Order of the Amaranth.
He is survived by his daughter, Merilee Laurens. He was
preceded in death by his wife,
Bernice, and his son, Larry
Laurens.
Larson
Ralph A. Larson, born Mar.
8, 1943, died Oct. 15, 2010, at
age 67. He joined the Portland
Police May 16, 1968 and retired
as a Sgt, May 16, 1996.
Aho
Ione O. Aho, widow of Allen
Ray Aho. Died Sept 18, 2010.
No other info available.
Chapin
Betty “Geraldine” Chapin,
widow of Don Chapin, died
Sept. 10, 2010. No other info
available.
We offer our condolences to
the families of these.
History of law
enforcement
in Portland
Part 2 of 3
Jim Huff, Director
Portland Police Museum
What was considered a crime in
the 1860s was much different
than today. In July of 1862, a
young man was arrested “...for
disorderly and indecent conduct
in stripping himself and running a foot race upon the public
square...” He was arrested by
the Deputy City Marshal, taken
before the City Recorder and
fined $10 dollars. Unable to pay,
he was jailed for four days.
In 1867 charges were brought
against Mrs. E. M. Bath for once
again “employing waiter girls
in her saloon on Front Street”
because it was illegal for women
to be working in a bar without
a license. At the same time, two
people were in court for engaging in a “foul-mouthed set-to.” In
other words, along with causing
a disturbance, it was illegal to
loudly swear in public.
Throughout the 1860s,
prisoners were put to work in
the city, complete with striped
clothing and some fitted with a
ball and chain.
On August 29, 1867, Special
Officer Thomas O’Connor is shot
by a man he attempted to arrest.
The man had been drinking
and decided to walk down First
Avenue, shooting his pistol.
O’Connor and fellow special
policeman Townsend decided
that the man had emptied his
gun and moved in to arrest him.
During the ensuing struggle, the
man shot O’Connor in the thigh,
breaking his leg. Townsend then
shot the assailant. Both victims
die a few days later, the assailant in jail and the officer at his
brother’s hotel. O’Connor is the
first Portland law enforcement
officer to die in the line of duty.
There wasn’t a hospital in
Portland, so it was common
practice to transport injured
people to a home, hotel or the
jail. The jail was a sorry building
now located at Second and Morrison. It was described as a place
that almost anyone could get
out of, so it was mainly used to
house drunks with serious cases
taken to the county jail.
In the late 1860s the railroad
arrived to add to the rapidly
growing river and land transportation options. The population boomed to over 8,000 people by 1870. The Portland Street
Railway Company operated the
first downtown horse car lines
along SW First in 1871, the
first of many public transportation lines. Ferries were used to
cross the rivers because the first
bridge, the Morrison, wouldn’t
be built until 1887. The town
was growing and changing.
1870 began with a plea by
the Mayor to increase the police
force and to revise the police
ordinances “which are in a crude
state.” In June, several shootings and incidents in town led
the Mayor to state that “a force
of three men is not enough for
a city of ten thousand inhabitants.” In response, the force was
increased to six, along with a
temporary infusion of twelve
special policemen - four in each
ward and duties described for
day and night patrol.
Portland in 1870 has a
population of nearly ten thousand people. Ten percent were
Chinese. People had been lured
by the possibility of finding
gold in eastern Oregon in the
early 1860s, with many coming
to Portland after the mining played out. The little city
now rivaled San Francisco and
Victoria as a port for trade with
China and the Sandwich Islands
(Hawaii). The residents held all
types of occupations, including:
physician (21), tailor (9), dress
maker (16), newspaper publisher (8), grocer (32), dry goods
(36), boot & shoe maker (14),
barber (11), hotel (14), accountant (49), attorney (44), coffee
& oyster saloon (3) and liquor
sales (71).
At the same time there was
the issue of competing prosecution between the city on one
side and the County and State
on the other. Both claimed jurisdiction and that they had authority over city ordinances and
cases were tried by both sides.
To add to the problem, Marshal
Saunders, his deputies and policemen were paid by both parties. In response, the city passed
an ordinance compelling their
officers to take all their cases to
the City Recorder and that the
City Attorney should be present
at all cases at the Police Court
(on Front and Alder).
The whole matter of competing law enforcement efforts,
along with a citizen petition
pushing for resolution was
taken up by the State Legislature and decided in the City’s
favor in late summer of 1870.
The State mandated the formation of a Police Commission, appointed by the Governor rather
than by the City Council.
At some point in mid-September, City Marshal Saunders
drafts the first Police Rules and
Regulations. Two months later
he is replaced by the new Chief
of Police, but his Rules & Regulations survived well into the
next administration.
On November 2 and 3, 1870,
the newly formed board of
Police Commissioners created
the Metropolitan Police Force
and abolished the office of City
Marshal. The first Chief was
James Lappeus and under him
was a Captain, six Policemen
and three Special Policemen.
In keeping with the politics of
the day, all officers were Democrats and political affiliation
determined the makeup of the
department for many years. (It
didn’t hurt that Lappeus was
also part-owner in the largest
saloon and theatre in town.) Except for the Specials, they were
salaried employees and paid the
monthly amount of $125 for
the Chief, $100 for Captain and
$90 for the Policemen. These
amounts changed very little
over the next fifty years, sometimes being reduced, but were
roughly half the pay under the
old Marshal
system. The
Specials would
continue to
be paid by
private businesses.
So who
were these
first full-time
police officers hired in
November of
1870?
Let’s start
with the command staff. We’ll
get to the regular street cops
next issue.
Chief: James Lappeus
He came to the west coast in
1846 as part of the volunteer
New York regiment to “liberate” California from Mexico. He
stayed and became a merchant
at Sutter’s Fort during the gold
rush. In 1852 he arrived in
Portland. First a farmer, then a
part owner of the largest saloon
& theatre in town, the Oro Fino.
He was twice elected to be a City
Marshal and was twice selected
as the Chief of Police, both offices
he held for many successful years.
He died in Portland in 1894.
Captain: Joseph Wiley
Originally from Wisconsin,
he came to Portland in 1852
LEFT: Portland’s
first Chief of
Police, James
Lappeus, who
took office in November, 1870.
at the age of seven. In 1868 he
was Multnomah County School
Superintendent, and was also a
carpenter, Justice of the Peace,
served several years with the
Metropolitan Police Force, was
a Captain in the Emmett Guard
(early Oregon State Guard), volunteer fireman, city councilman
and was the Grand Marshal of
the 1875 July 4th parade. He
died in Portland in 1894.
WHO DAT?
Play to win. Put on
your glasses and
identify the grownup in the photo to
the left.
E-mail your answers
to
with your contact
information. The
first correct response wins a $5
Starbucks card.
And if you don’t win
this time, there’s
always next
month.
page 11
FLASHBACK
The Rap Sheet has been in publication since December 1970. In its archives are nearly 40 years of PPA
history. Looking back is like any of us looking at our
reflection in the mirror 40 years later. First we wonder, “What happened to all that hair?” A few things
change over time, but many things are disturbingly
familiar.
RIGHT: This IS the 40th anniversary of the first issue of
The Rap Sheet. It’s only right to post that first cover
from December, 1970. Well, at least they had a signed
contract 40 years ago. Then again, BHR wasn’t in the
picture, was it?
Did You Know?
BELOW: From January, 1972, “East Wind”
was the monthly column provided by East
Precinct. This is STILL the conversation you’ll
hear in the sergeant’s office at East Precinct
... 38 years later. BELOW RIGHT: I guess they
were playing “Who Dat?” back then too.
But what did they offer when there were no
Starbucks cards to be had? This isn’t the
“Who Dat?” photo, but if you can name the
sergeant above, we’ll give you ... hmmm.
We’ll give you a special “Spirit of Flashback” certificate.
BOTTOM RIGHT: From October, 1973.
What was your first response to this
cartoon? Be honest. Did you respond
with, a tired, discouraged shake of the
head? Hysterical laughter? Abject despondancy that all history is doomed
to repeat itself?
page 12

No benefits from Bureau`s disciplinary decisions In memory of Keith

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