Association of Orange County Deputy Sheriffs

Association of
ORANGE COUNTY
DEPUTY SHERIFFS
AOCDS BOARD OF DIRECTORS
The views expressed in any article published are those of the author and do not necessarily
reflect the official opinion of the Association of Orange County Deputy Sheriffs, the Editor of this
publication or that of the Orange County Sheriff-Coroner’s Department.
Kimberly Edds – Courier Editor
AOCDS maintains membership in the following organizations:
F.O.P. – Fraternal Order of Police, Lodge #18
C.C.L.E.A. – California Coalition of Law Enforcement Associations
S.C.A.L.E. – Southern California Alliance of Law Enforcement
OC COPS – Orange County Coalition of Police and Sheriffs
P.E.S.O. – Public Employee Staff Organization
C.H.C.R.S. – Californian’s for Health Care and Retirement Security
Public Employee Staff Organizations
Tom Dominguez,
President
Herb Siegmund,
1st Vice President
Roger Hilton,
2nd Vice President
Bill McGovern,
Treasurer
Scott Baker,
Sergeant-at-Arms
Ed Yee,
Secretary
OUR STAFF
MARK NICHOLS
PAUL BARTLETT
PATTY ARROYO-MARTINEZ
SUE CATRON
SHIREE COLTON
KIMBERLY EDDS
Executive Director
Assistant Director
Insurance Benefits Assistant
Secretary
Executive Assistant
Director of Communications
& Public Affairs
SHANNON MAUS
Insurance Benefits Coordinator
HEATHER SCHAUB
Sr. Benefits Coordinator
DANIEL STANTON
Webmaster
LAW OFFICES OF JAMES E. TROTT General Counsel
JIM VOGTS
Legislative Advocate
1314 West Fifth Street, Suite A – Santa Ana, California 92703
(714) 285-2800 – FAX (714) 954-1156
Insurance Benefits: (714) 285-9900
Website: www.aocds.org
Office Hours: Monday through Friday, 0730 to 1730
All county holidays are observed.
POLITICAL ACTION COMMITTEE (PAC)
Chairman – Deputy Roger Hilton
Committee members: Investigator Tom Dominguez, Deputy II Herb
Siegmund, Sergeant Scott Baker, Sergeant Bill McGovern, D.A. Investigator
Ed Yee, Sergeant Ray Wert, Sergeant Jason Danks, Deputy Mike Walters,
D.A. Investigator Eric Akerlind, AOCDS Executive Director Mark Nichols,
AOCDS Assistant Director Paul Bartlett, AOCDS Legal Counsel Jim Trott,
AOCDS Political Consultant Pete Mitchell, and Legal Counsel Wayne Ordos.
.2013 AREA REPRESENTATIVES
PAUL BARTLETT
AREA REPRESENTATIVE COORDINATOR
AREA, KEVIN
CENTRAL JUSTICE CENTER
BRADY, AARON
WARRANT SERVICES
BULL, JOE
SAN CLEMENTE
CHATWIN, ROBERT
THEO LACY
DOUGLASS, PAT
HARBOR PATROL-SUNSET
FRANCO, RICH
SOUTH OPS- ALISO VIEJO
GARDUNO, GINA
LJC
HACK, ROBERT
IRC
HORNER, TIMOTHY
SOUTH INVESTIGATION- ALISO VIEJO
HOWELL, JASON
THEO LACY
ILFELD , JAMES
TRANSPORTATION
KINO, ADAM
NJC
KOHLER, KURT
NORTH PATROL
LANGE, MARK
CJC
LEE, ALBERT
JOHN WAYNE AIRPORT
LONGNECKER, SANDRA
INVESTIGATION
MARTINO, CORY
TRAINING
MOODY, GREG
LJC
NELSON, IVAN
TRANSPORTATION
OATES, RICHARD
SE OPS-RANCHO SANTA MARGARITA
PAGE, SI
IRC
PARKER, SHANNON
STANTON
PHILLIPS, EVAN
MEN’S JAIL
SCHMIER, DON
CIVIL PROCESS SERVICES
SIEMENSMA, RICHARD
NORTH OPERATIONS
SMITH, JIM
WJC
SONGER, JACK
THEO LACY
SPAULDING, TOM
MUSICK
TERHORST, ANDY
DISTRICT ATTORNEY
THOMMEN, CLINT
THEO LACY
TORRES, STEVE
THEO LACY
VANOVER, SCOTT
THEO LACY
VINCENT, CURTIS
IRC
VIRAMONTES, JUAN
OCTA
WALTERS, MICHAEL
CJC
WASHINGTON, LEONARD DISTRICT ATTORNEY’S OFFICE
WEAVER, JEFF
MUSICK
WINGER, MICHAEL
CJX
WINOVICH, JOHN
HJC
Front cover photographs are courtesy of Orange County Sheriff’s Department photographer
Randy Frager and the Orange County Archive.
FROM THE CORNER OFFICE
By Tom Dominguez,
AOCDS president
It is with a weary heart
that I write to you. The last
few months have been
deadly ones for our
brothers and sisters in law
enforcement and these
tragedies weigh heavily on
us all.
As of the Courier
deadline,
ten
law
enforcement officers had
died in gun-related
incidents across the
countr y
this
year,
according to the National
Law Enforcement Officers
Memorial Fund. Half of
those were in California.
Officer Kevin Tonn, 35,
of the Galt Police
Department was shot and
killed January 15 while
chasing a burglary
suspect.
A former LAPD officer
launched a guerrilla war
February 3 against the
Los Angeles Police
Department over what he
considered his unjust
firing in 2009.
The fired officer, a
highly trained and heavily
equipped marksman,
quickly demonstrated his
propensity for killing
innocent people. He
made it clear law
enforcement officers and
their families were fair
game.
He killed the daughter
of his union rep and her
fiancé, a USC public
safety officer in Irvine on
February 3. Four days
later he shot an LAPD
officer in the head and
then ambushed Riverside
Police officers Michael
Crain and Andrew Tachias
as they sat at a red light,
killing Crain and critically
injuring Tachias.
The hunters suddenly
became the hunted.
In the midst of the
manhunt for the cop killer,
AOCDS hand-delivered a
letter to the sheriff and
her command staff
February 7 requesting the
department move to twodeputy patrol cars to
increase officer safety.
The
Sheriff’s
Department initially held
off on the request, but
later agreed to staff twodeputy
cars.
San
Bernardino Sheriff’s
Detective
Jeremiah
McKay was shot to death
and another deputy was
wounded in a shootout
with the suspect in Big
Bear on February 12
trying to prevent more
innocent lives from being
lost. The cop killer died of
a self-inflicted gunshot
wounded
while
barricaded in a cabin
surrounded by law
enforcement.
Two weeks later, Santa
Cruz Police Sgt. Loran
“Butch” Baker, a 28-yearveteran, and Officer
Elizabeth Butler, a 10year veteran, were
gunned down as they
stood on the doorstep of
a suspect in a sexual
assault. Their killer was
killed in another gun
battle with police 30
minutes later.
Baker and Butler were
the first officers killed in
the 150-year history of
the Santa Cruz Police
Department – killed while
doing a routine interview.
Wearing the badge is
never routine. The
profession you have
chosen is one that
accepts the risks of facing
the unknown.
It is this brotherhood
that binds us together
and reminds us that evil
will
always
be
overpowered by good,
good which is embodied
by the men and women of
law enforcement who
come together every day
to ensure justice is
served.
As we mourn the loss
of our brothers and sister,
we must also remain
vigilant. Working with the
community allows us to
be effective and that
partnership is not one
that can be maintained
with our guns constantly
drawn. It is a perpetual
balancing act to be on
guard without appearing
threatening.
We all deserve to go
home at night.
As of the Courier
deadline,
your
negotiations
team
continues to meet with
the County to reach a deal
on our contract. I
understand that being on
the outside of the process
is incredibly frustrating; it
is equally frustrating for
members
of
the
negotiations team not to
be able to share what is
going on at the bargaining
table. Confidentiality is an
absolute necessity for the
negotiations process to
work effectively. I will
update you with more
information when it is
prudent to do so. For now,
I ask for your continued
patience as we work
through this difficult
process.
Be safe.
Mission Statement
The Association of Orange
County Deputy Sheriffs protects
the interests and safety
of our members, built on a
strong foundation of unity,
integrity, and leadership.
THE COURIER 1
KNOW YOUR RIGHTS
SUMMARY OF RIGHTS UNDER THE PUBLIC SAFTEY OFFICER
BILL OF RIGHTS
1.
When any public safety officer is under investigation and subject to interrogation the
interrogation shall take place under the following conditions:
·
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Must take place during reasonable hours.
If during the off-duty hours, the employee must be paid overtime.
Must be informed of who is conducting the interrogation prior to the interrogation.
No more than two interrogators at one time.
The interrogation shall be for a reasonable period of time.
The Deputy shall be allowed to attend to personal physical necessities.
The Deputy shall not be subjected to offensive language.
No promise of reward can be made as an inducement to answer questions.
No statement made under duress, coercion, or threat of punitive action can be admitted in
any subsequent civil proceeding.
The interrogation may be taped.
If taped, the Deputy shall have access to the tape prior to any additional interrogation.
If prior to or during the interrogation it is deemed that the Deputy may be charged with a
criminal offense, the Deputy must be informed of constitutional rights.
The Deputy has a right tto
o be represent
ed.
represented.
2.
No Deputy can be subjected to punitive action, or denied promotion, or threatened with any
such action because of the lawful exercise of rights under the bill of rights or any grievance
procedure.
3.
In most cases, the investigation must be completed within one year.
4.
No Deputy can be compelled to submit to a polygraph and cannot face adverse action for
refusing a polygraph.
5.
No Deputy’s locker can be searched without consent or a search warrant except in the
Deputy’s presence.
WEINGARTEN RIGHTS
“Weingarten” rights are derived from a United States Supreme Court case NLRB v. Weingarten, 420
U.S. 276 (1975). The case interpreted Section 8 (a)(1) of the National Labor Relations Act. It held
that you have a right to a union representative present during any interview, meeting or
interrogation which you reasonably believe could lead to discipline against you. You must request a
representative. The people questioning you have no obligation to tell you that you have a right to a
representative. Once you request a representative, the meeting cannot continue until you have a
representative present.
24 HOUR HELP
AOCDS has an after-hours answering service that will contact Executive Director Mark Nichols, Assistant Director
Paul Bartlett or President Tom Dominguez 24 hours a day. If you need help from the Association or our attorneys
for a problem on or off duty, call (714) 285-2800 and request an immediate call back.
2 THE COURIER
Cour
es One YYear
ear of TTem
em
porar
Courtt of Appeals Eliminat
Eliminates
emporar
poraryy
Disability Benef
its ffor
or Public Saf
ety Of
Offficer
icerss
Benefits
Safe
By John A
err
one, Esq.
A.. FFerr
errone,
err
one & FFerr
err
one
errone
errone
Adams, FFerr
Labor Code section
4850 provides public safety
of ficers who become
disabled while performing
their duties to a one year
leave of absence without
loss of salary in lieu of
temporar y
disability
payments for that year. After
the injured officer has
received the one year of
4850 pay, the officer is then
entitled to temporary
disability at the state rate.
The
2004
Reform
measures in SB 899,
however, placed a two-year
cap on temporary disability
benefits. Labor Code
section 4656 imposed a
104-week limit on the
payment of temporary
disability benefits.
Up until recently, the
WCAB in City of Oakland v.
WCAB and City of Long
Beach v. WCAB held the
two-year limit on temporary
disability did not apply to
4850 benefits. The WCAB
reasoned the payment of
4850 benefits did not
constitute
the
commencement
of
temporar y
disability
benefits to trigger the twoyear cap. Thus, police
officers would be entitled to
one year of 4850 and then
two years of temporary
disability paid at the state
rate.
However, the Legislature
once again amended Labor
Code section 4656 by
stating “aggregate disability
payments for a single injury
occurring on or after
January 1, 2008, causing
temporary disability shall
not extend for more than
104 compensable weeks
within a period of five years
from the date of injury.” The
intent was to provide a
period of five years to collect
the 104 weeks of temporary
disability. However, with this
change there arose a new
challenge to the prior case
law holding that 4850 was
excluded from the 104week cap.
In County of Alameda v.
WCAB (2013), a deputy
sheriff was injured on duty
and received the one year
of 4850 benefits and an
additional
year
of
temporar y
disability
benefits. At the end of the
two years, the County
stopped paying the deputy,
contending that 4850
benefits applied against the
two-year cap in the
amended provisions of
Labor Code section 4656.
Consequently, the County
argued the deputy was not
entitled to that second year
of temporar y disability
benefits. The injured officer
challenged the County’s
interpretation, contending
4850 benefits were not
subject to the two-year cap.
Consistent with its prior
opinions, the WCAB agreed
with the officer and held
4850 benefits did not count
against the two years of
temporar y
disability.
However, the County of
Alameda appealed the
WCAB’s decision to the
Cour t of Appeals, First
District.
In a published opinion,
The Court of Appeals
actually reversed the WCAB,
holding 4850 benefits paid
to an injured officer count
toward the 104-week limit
on temporar y disability
benefits. The Cour t of
Appeals reasoned the plain
language of the amended
section 4656 expressed a
clear Legislative intent that
“aggregate
disability
payments” included 4850
benefits. Absent a specific
exclusion, the Court held
4850 benefits are subject
to the two-year limit on
temporary
disability
benefits. The decision was
certified for publication and
remains the law, unless the
case is appealed to the
California Supreme Court.
In effect, the Court of
Appeals took away an extra
year of temporary disability
benefits that public safety
officers previously enjoyed.
An injured officer is now
entitled to one year of 4850
benefits and only a single
year of temporary disability
for a total of two years. The
full impact of this case is
still not known. It remains
to be seen what public
agencies will do in those
instances where a second
year of temporary disability
benefits were actually paid
after a full year of 4850
benefits. Will the agency
attempt to claim an
overpayment for that period
of temporary disability
benefits? Certainly, it is
something the injured
officer should try to fight.
Currently, we have seen one
agency raise the issue of
credit for overpayment of
temporary disability due to
the new case.
With this change in law,
it also becomes critical to
resolve any delays in
medical treatment in that
two-year window from the
date of injury. The longer
the of ficer’s condition
remains at temporary total
disability, the
closer
the
o f f i c e r
approaches the
fiscal cliff of
being off work
without any
temporary
disability
benefits. That
of ficer must
then rely on
permanent
disability
advances, if
any
are
payable, which
pay
at
a
fraction of the temporary
disability rate. One way to
avoid this fiscal cliff is to
ensure that the officer has
available a long-term
disability policy to deal with
the loss of benefits at the
end of the two years.
About the Author-John
A. Ferrone is a partner in
the law firm of Adams,
Ferrone & Ferrone. The law
firm is retained by AOCDS
for workers’
compensation. The law
firm has offices in
Westlake Village, Newport
Beach, Bakersfield, and
San Diego. If you have
further inquires, please email them to
[email protected].
THE COURIER 3
Right to Work,
Food for thought
THE
AOCDS
FAMILY
By Roger Mayberry
National Sergeant at Arms,
Fraternal Order of Police
Michigan Right to Work bills
for public and private
employees passes in
Michigan House. Indiana
passed a bill last year for
Right to Work, who is next?
Connecticut may be next on
the chopping block, but be
assured they will not be last.
We need to keep a close
watch for this here in
California. The same groups
that have tried to cut away
at our rights to collective
bargaining and our political
influence could soon be
looking at this approach. It
is just another way to cut
our source of income and
cripple our membership’s
rights.
What is “Right tto
oW
or
k?”
Wor
ork?”
“Right to work” is the
commonly used term for
laws that make it illegal to
require that employees join
a union or pay the
equivalent of union dues to
get or keep a job. Under
such laws, employees can
still form unions, engage in
collective bargaining and go
on strike. Currently, 24
states, most of them in the
South and West, have rightto-work laws. In those
states, union membership
stood at 6.48 percent in
2011, according to the U.S.
Bureau of Labor Statistics.
In states without right-towork laws, 10.8 percent of
the workforce belonged to
unions in 2011.
What do suppor
y?
supportter
erss sa
say?
Right-to-work supporters
argue that it makes states
more attractive to business,
creates jobs and gives
employees more choices.
Suppor ters cite studies
suggesting that job growth
4 THE COURIER
and
private-sector
compensation in right-towork states have increased
more rapidly than in other
states.
“The case for right-to-work
has always rested on the
importance of defending
worker freedom, but rightto-work laws also have a
proven track record of
encouraging economic
growth,” wrote Will Collins of
the National Right to Work
Legal Defense Foundation.
What do critics sa
y?
say?
Opponents cite studies
indicating that wages and
growth are lower in right-towork states, and they say
that such legislation is little
more than an effort to bleed
unions in the name of
worker freedom and choice.
“There is scant evidence
these laws create jobs, help
workers, or are good for a
state’s
economy
as
supporters claim,” analysts
for the liberal think tank
Center for American
Progress wrote earlier this
year. “Instead, these laws
weaken unions and thereby
hurt workers, the middle
class,
and
local
economies.”
Critics also say that such
laws allow nonunion
workers to “freeload” — gain
the benefits of union
representation without
shouldering the burden of
paying for it.
Wh
w?
Whyy it ma
mayy come up no
now?
We know propositions over
the last few years to stop us
from using our union dues
for political purpose were
meant to reduce our
influence in legislative
affairs. This will have the
same effect because as our
membership decreases so
will our influence at the
bargaining table and in
Sacramento.
BUTCH & KATHLEEN HEWITT
BANCSERV
You are part of
our family.
Please send us
your birth and
end of watch
announcements
and we will
include your
news in a
future issue of
the Courier.
Please email
the
information to
Kimberly
Edds,
Director of
Communications
and Public
Affairs, at
[email protected].
A1 TAX & ACCOUNTING SERVICE
MOONLIGHT MILE KENNEL
VITALITY CENTER
SUZANNE BRAZEE LMFT
HILLSBOROUGH PRIVATE SCHOOL
Call her at
714-357-4654
with any
questions.
THE COURIER 5
My Broken
Officer
Too often cops
involved in a
traumatic incident
suffer from lack of
training before and
competent
counseling
afterwards
By Susan Motes
Bentley
Post-Traumatic Stress
Disorder is something I
never thought about very
much. As a cop’s wife, I had
been through several close
calls and thought I had run
every scenario that might
happen to my husband
Brandon through my head.
PTSD was not one of them.
Then on October 21,
2009, the phone rang.
It was Brandon.
“Susan, I’m ok but I had
to shoot a guy. I’m okay. I’m
okay. I can’t talk, but I
wanted to let you know I’m
okay.”
I asked, “Are you hurt?
Are you okay?”
I told him, “I love you. I’m
on my way.”
He replied, “Susan, I’ve
got to go.”
Then silence.
I called our attorney to
ask him to head to
Spartanburg. Then I called
the principal at our
daughter’s school. Then I
start to lose it.
I called my Mom. I told
her that Brandon shot
someone and that I didn’t
know what to do. That’s all
I could verbalize. I kept
crying and trying to get my
composure but everything
inside was falling apart.
6 THE COURIER
The 45 minute ride took
forever.
A million things went
through my mind. Would he
be hunched over on the
ground weeping? Would he
be screaming? Would he be
silent and fall apart once he
saw me?
When I saw him he was
calm, speaking in a low tone,
and smoking. He had no
expression. He didn’t seem
like he wanted me to hug
him or even get close.
He told me he was okay
and that he had to go talk to
his supervisors about the
incident. I remember him
saying, “I don’t know if they
will let you stay in there with
me.”
Just then another cop
came out the door, looked at
Brandon, smiled, and said
“Welcome to the club.”
My husband did not react
or speak. For the next few
Again, the of ficers
insisted he would recover.
When we finally got
home we hugged our girls
tight. Brandon continued to
act calm, but it was an eerie
calm. I stayed up all night
checking
the
news
websites for updates. Then
around 5:30 a.m. I read the
words I prayed I would not
see, “Man Shot by Deputy
Dies.”
I didn’t wake Brandon.
The truth was, for him,
sleeping had to be far
better than the reality that
awaited him when he woke
up.
The next few days
included
Brandon’s
supervisors visiting the
house and phone calls
from anyone and everyone,
including a lot of reporters
who wanted to get
information. It was like the
hours we were separated. I
was put in an office with two
of Brandon’s supervisors.
They must have asked me a
hundred times if I needed
anything, if I was thirsty, if I
was hungry. They told me
Brandon was going to be
fine.
During that time I had
one request. I told them that
I needed to know the
condition of the man
Brandon shot and that if he
died I needed to be the one
to tell him what happened.
world was still spinning but
we were not moving.
I suggested we go to the
shooting range. I thought
maybe shooting again
would help him. He didn’t
want to go. That would be
the last day in his life he
would ever pick up a
firearm.
It wasn’t until ten days
after the shooting that I got
a glimpse of what our
future might hold. We were
downtown for a Halloween
celebration with the girls. I
could tell Brandon was not
as outgoing as usual. Then
a balloon popped across
the square and he hit the
ground.
Stunned, I looked down,
checked the girls, and then
kneeled next to him. I told
him, “Honey it’s okay. It was
a balloon.”
That night while Brandon
was sleeping he jumped up,
started yelling and hit the
floor. Who was this person?
What had he been through
that was so God awful that
he was in this kind of fear?
Who was the heartbroken
man behind those beautiful
hazel eyes?
Things have never been
the same. With every day,
Brandon became more
withdrawn, more hostile,
more hopeless. The passion
for life that once filled his
eyes and soul seemed to
have turned to resentment.
And he seemed very lonely.
I contacted the Sheriff’s
Office and begged for help.
This Department that
prided itself on being there
for their officers and having
a number of chaplains
available, suddenly could
not be bothered with
Brandon – their broken
officer.
After seeking the help of
an attorney, the Sheriff’s
Office gave me a name of
someone Brandon could
talk to. We went to the
appointment. As Brandon
started to talk the look on
the therapist’s face went
from caring to concerned to
disbelief.
At some point she
stopped and said, “I’m so
sorry but I don’t deal with
trauma. I’m a marriage
counselor.”
I knew with every passing
day I was losing a little more
of the man I married. I had
nowhere to turn. I started to
feel defeated.
Continues on next page
One day our oldest
daughter told me some of
the kids at school were
saying her father was a
coward because he wasn’t
back to work yet. I tried to
console her. I told her that
we lived in a small town and
that people would always
talk but that her father was
not a coward and that she
should be proud of him. I
said that he did what he had
to do on that terrible day so
he could come home safely
to his family.
I frantically searched
online for a doctor who
could help Brandon. I
prayed that God would help
me find someone quickly
Brandon was slipping away
from us into a very dark
place.
I will always believe that
God came through for us.
He directed us to the
doorstep of Post Trauma
Resources and Doctors
Larr y Bergman and Dr.
Roger Deal. Without their
advice and counsel
Brandon would not be alive
today. Since 2009 both
men have been there
helping Brandon through
the darkness, over the
mountains, through the
valleys. During the hardest
parts of his journey, they
have been a literal lifeline.
As Brandon’s wife, my
life stopped in so many
ways on that day in 2009.
Working outside of the
home was not an option. I
couldn’t leave the girls
alone with Brandon
because
he
was
unpredictable. And it
seemed important to stay
close to my husband. I was
worried he would slip back
into an even darker place
than he already was or even
worse. All this made me feel
like an overprotective
mother tr ying to shield
Brandon from anything that
could trigger those dark
thoughts.
I never could have
imagined the hell that PTSD
would be. Foolishly I had
always thought it was
something that happened
to
traumatized
war
veterans.
Brandon was not
informed about the dangers
of PTSD while attending the
South Carolina Law
Enforcement Academy. He
had never had one training
class or even as much as a
conversation with another
officer about the very real
threat of Post-Traumatic
Stress Disorder.
Since the shooting,
Brandon has cut himself,
burned himself and
attempted suicide. The
images of what he saw
during his law enforcement
career haunt him. It’s not
just that one call where he
was forced to shoot
someone. It’s all the calls,
all the images, all the
experiences that came
before.
Like the call with a father
frantically screaming over
his child’s lifeless body.
Brandon did CPR until the
EMS people arrived and
took over. He knew there
was no way to bring that
baby back and he was
devastated.
Or the time a woman laid
all her personal information
neatly out on her kitchen
counter – ever y bank
account and every lock box.
She had also cleaned her
home top to bottom. Then
she shot herself in the
heart.
The suicides, homicides,
domestic disputes, traffic
stops where he never knew
if the driver had a gun, take
their toll. The crying children
who could not be
comforted, the innocent
who could not be rescued.
So much pain, so much
horror, so much trauma.
PTSD brings with it a
paralyzing fear and vivid
memories of all those
traumatic calls. There are
night terrors that lead to
incontinence. There’s
paranoia, possessiveness,
and utter hopelessness
which naturally leads to a
person to think that suicide
may be their best option.
This has been our
journey. It has defined who
we are as a family. And we
are not alone. There are
people all over this country
and throughout this world
who are suffering; suffering
I truly believe might have
been prevented had there
been some training in the
academy or on the job
training on PTSD and
suicide prevention.
“Police PTSD – The Hope
Project,” is a Facebook
suppor t group I began
because of the lack of
suppor t available for
Brandon, me and our
daughters. The reaction to
the Facebook page has
proven to me that PTSD is
pervasive and a silent killer
among law enforcement
officers who not only put
their lives on the line
everyday but also routinely
deal with situations that can
scar them badly.
Statistics show that
more officers commit
suicide each year than are
killed in the line of duty
which makes it imperative
that we do more to prevent
and treat PTSD.
Education about the
issue should be offered to
all our officers before they
serve one day out on the
street. Mandatory training
classes should be held
regularly as well as
mandatory counseling
sessions for the officers
and the families of officers
who are suffering.
The single most important
thing we can do for people who
go through something like
Brandon did, is to provide
immediate help afterwards.
The stigma as to be erased
and that begins at the top. Our
chiefs and sheriffs have to
show that they understand that
PTSD is a very real and tragic
reality that their officers and
deputies will likely face during
their careers.
The condition needs to be
seen for what it really is – a
disabling disorder that can
happen to anyone. It is just as
real as a bullet wound, if not
more so.
To date no agency in South
Carolina has mandatory
training on the effects of PostTraumatic Stress Disorder and
there is no class offered during
initial training at the state’s
Academy.
The time for change is now.
Every second that goes by
without taking action means
that our officers could
experience a trauma on the
job, develop PTSD, and not be
as lucky as we were to find the
right doctors.
The tragedy is that they may
start to think that suicide is
their best option and that is
something we just can’t
accept.
Susan Motes Bentley is the
founder of “Police PTSD – The
Hope Project” and the wife of
retired and disabled Deputy
Brandon T. Bentley. This article
was reprinted with permission
from the author.
RCS TRAVEL
KEY TO WORLDWIDE TRAVEL
ANGELA MILLER
714.293.0564
THE COURIER 7
Clean out the
lockers!!!
By Jim Trott, Esq.
AOCDS General Counsel
One of the approaches
being undertaken on a
much more common basis
during IA investigations
these days is to request a
search of the employee’s
locker. In the past couple of
years, I have been involved
in cases where items found
in an employee’s locker
have formed a major part of
the case used to terminate
that individual. The items
discovered are almost
always things taken during
a stop, or citizen contact
and either not returned to
the citizen or placed in the
locker with the intention of
logging them into property/
evidence the next day but
one thing leads to another
and a potential problem is
left in the locker when the
officer forgets to finish the
job.
Recent searches have
revealed old citations,
reports, small bags of very
dried out marijuana, knives
and several California
Drivers Licenses, and even
a store security camera
showing a crime being
committed.
Innocent
enough on its own, when
there is intent to deal with
the property. But when the
deputy forgets to follow
through and that oversight
is coupled with a case that
will already be sustained, it
provides even more
evidence that makes a
peace officer look negligent
in their duties, irresponsible
or perhaps worse. Of course
the reasons could be as
innocent as a simple
passing thought and
forgetfulness, but when one
is already in trouble, it is an
addition that is not needed.
8 THE COURIER
The Public Safety
Officers Procedural Bill of
Rights Act (POBRA) does
contain a specific section
dealing
with
locker
searches. Lockers are
unique because they are
“assigned” to an officer who
usually keeps his or her
personal items inside,
locked to keep the rest of
the world out. That
obviously creates an
expectation of privacy. For
that reason, no supervisor
is allowed to go into a locker
without first overcoming the
requirements of Govt. Code.
§ 3309. However the bar
was not set ver y high
insofar as §3309 being an
obstacle.
The section is plain and
simple and needs little
explanation. It is as follows:
No public safety officer
shall have his locker, or
other space for storage that
may be assigned to him
searched except in his
presence, or with his
consent, or unless a valid
search warrant has been
obtained or where he has
been notified that a search
will be conducted. This
section shall apply only to
lockers or other space for
storage that are owned or
leased by the employing
agency.
There is virtually no case
law on this provision.
Although it does not state
that the employee has to be
present, in the past 25
years I have participated in
probably 20 such searches
and on every one the officer
was given the opportunity to
be present and took the
opportunity to be there. It is
no doubt easier for an
employer to get consent
than obtain a warrant and
that seems to be the
approach
under taken
almost universally. Also,
why would anyone consent
and then not take the
option of being there?
Remember if you are ever in
the position of being asked,
and you are alone, keep
quiet and not comment on
anything found unless you
are for some reason forced
to
answer.
Anything
discovered which is contrary
to department rules, upon
being observed would
trigger POBRA rights, and
there is no need to
voluntarily waive those
rights. But also remember,
just as in an interview, you
must
request
a
representative. It is not the
obligation
of
the
department to arrange that
for you.
The best approach, once
a month, give your locker a
go over and make sure there
is nothing in there you forgot
to log into property or
evidence,
return
to
somebody, or destroy. An
innocent mistake with
forgotten property is a lot
harder to explain if you are
under investigation dealing
with issues of evidence or
property and could be
enough to tip the decision
on what might be a good
explanation into an excuse
and trouble.
IMPOR
TANT
MPORT
NO
TICE TTO
O ALL
NOTICE
AOCDS MEMBERS
Member health,
dental, vision and
life insurance
benefits can be
affected by
changes in
dependent status
(i.e. marriage, birth,
adoption, divorce,
or death) and
address
information. The
Department does
no
nott notify AOCDS
when you report a
change. Please call
AOCDS at
714-285-9900
when you
experience a
change in
dependent
status to avoid any
interruptions of
benefits.
Dependents can be
added within 30
da
ys of marriage,
days
birth or adoption.
T
Dependents MUS
MUST
be removed from
your coverage
within 30 days of a
divorce being
finalized.
CAN YYOU
OU GET SOCIAL SECURIT
Y BENEFITS AND
SECURITY
YOUR OCERS PENSION A
T THE SAME TIME?
AT
By R
oger Hilt
on, A
OCDS 2nd Vice President
Roger
Hilton,
AOCDS
If you are planning on
getting Social Security
benefits along with your
County pension when you
retire you should familiarize
yourself with two federal
laws,
the
Windfall
Elimination Provision and
the Government Pension
Offset. These two laws will
reduce Social Security
benefits for people who
receive a public pension
from an employer who does
not withhold Social Security
taxes from your salary, such
as the County of Orange.
Keep in mind these laws do
no
nott reduce the amount of
your OCERS pension.
The Windfall Elimination
Provision (WEP) affects you
if earned an OCERS pension
and worked in other jobs
long enough to qualify for a
Social Security retirement or
a disability benefit. WEP
uses a modified formula to
calculate your Social
Security benefit, which
results in a lower Social
Security benefit than you
other wise would have
received.
The
WEP
reduction varies with the
amount of Social Security
earnings assigned to the
lowest tier of the formula.
As an example, a worker
with average indexed
monthly earnings of $2,000
who retired in 2010 would
earn
a
benefit
of
approximately $1,080 using
the regular formula. Under
the WEP formula using the
same monthly earnings of
$2,000 the worker would
earn
a
benefit
of
approximately $700. WEP
can never eliminate a
person’s Social Security
benefit and exempts
workers who have 30 or
more years of “substantial”
earnings covered under
Social Security, with lesser
reductions for workers with
21 through 29 years of
“substantial” earnings. The
amount of what qualifies as
substantial earnings has
changed. In 1965, the
substantial
earnings
threshold was $1,200. In
2011 it was $19,800. WEP
does not apply to survivor
benefits, but benefits will be
reduced for widows or
widowers because of the
Government Pension Offset
(GPO).
If you earned an OCERS
pension and your spouse
earned Social Security
benefits, your Social
Security spousal or survivor
benefits will be reduced by
two-thirds of your pension
should your spouse pass
away. For example, a
spouse who passed away
after earning Social Security
benefits from their job in the
private sector made you
eligible for a hypothetical
$1,500 a month in
spouse’s, widow’s or
widower’s benefit. But you
earn an OCERS benefit of
$2,000 a month. Using the
GPO formula an amount
equal to two-thirds of your
OCERS benefit of $2,000 $1,333 - will be cut from
your $1,500 Social Security
widow’s or widow’s benefit
leaving you a benefit of
$167 a month.
Is anything being done to
change or lessen the impact
of these laws? Ever y
Februar y AOCDS sends
representatives from its
Board of Directors to
Washington, DC to team up
with other members of the
Fraternal Order of Police
(FOP) to discuss legislation
which
impacts
law
enforcement across the
United States. The WEP and
GPO have been major topics
with lawmakers for the past
few years – and they will
continue to be this year.
Several states allow
employees to pay into public
pensions and Social
Security simultaneously – a
situation we are working
diligently to avoid.
Hilton is an elected
member of the OCERS Board
of Retirement representing
safety members. The views
expressed in this article are the
views of the author and do not
necessarily reflect the official
opinion of the Association of
Orange County Deputy Sheriffs
or the Orange County
Employees
Retirement
System.
VINEYARD
SYSTEMS
MANUFACTURING
INC.
CHRIS LEE AT WLCM
PROUDLY SUPPORTS
THE ORANGE COUNTY
DEPUTY SHERIFFS
IF YOU OR YOUR PARTNER IS INVOLVED IN
ANY INCIDENT WHERE SERIOUS INJURY OR
POSSIBLE
DEATH
COULD
RESULT,
IMMEDIATELY CALL THE AOCDS – ANY TIME
OF THE DAY OR NIGHT.
(714) 285-2800 AND ASK FOR IMMEDIATE
REPRESENTATION.
THE COURIER 9
BANKRUPT AND BLOODY
By IAN LLO
OVETT
THE NEW YORK TIMES | FROM SAN BERNARDINO
“Lock your doors
and load your guns.”
James F. Penman
San Bernardino city attorney, on
what he said he routinely told
worried residents asking how
they can protect themselves.
The gunshots ripped through a house party here, an hour before midnight on New Year’s Eve,
wounding three and killing one. It was a brutal, if fitting, cap to a year that left this city bloody and
broke.
Five months after San Bernardino filed for bankruptcy — the third California city to seek Chapter 9
protections in 2012 — residents here are confronting a transformed and more perilous city.
After violent crime had dropped steadily for years, the homicide rate shot up more than 50 percent in 2012 as a shrinking police
force struggled to keep order in a city long troubled by street gangs that have migrated from Los Angeles.
PRICE OF GOING BR
OKE
BROKE
This is one of the prices that cities often pay for falling into bankruptcy: the police force is cut, crime skyrockets and residents are
left trying to ensure their own safety.
A little over a year ago, this city’s falling crime rate was a success story. An aggressive gang intervention effort helped cut the
homicide rate by nearly half since the 2005 peak, and in 2011 the program was held up by the National League of Cities as a
model for other cities to follow.
But nearly all that progress was erased last year as San Bernardino collapsed under the weight of the same forces that have hit
cities all over California and threaten to plunge still more of them into insolvency: high foreclosure rates that eroded the city’s tax
revenue, stubborn unemployment, and pension obligations that the city could no longer afford.
At the same time, as part of a plan to reduce the state prison population, nearly 4,000 criminals who would once have been sent
to state prison have been put in the custody of San Bernardino County law enforcement authorities. Some have been released,
putting more low-level criminals back on the streets of San Bernardino, Chief Hardy said, and adding to the challenges already
faced by the police.
“All of our crime is up, and the city has a very high crime rate per capita anyway,” Chief Handy said. “I can’t police the city with
much less than this. We’re dangerously close as it is.”
RUNNING OUT OF OPTIONS
As lawyers wrangle in court over San Bernardino’s plan to cut $26 million from its budget and defer some of its pension payments,
city officials say there is little more they can do to turn back the rising tide of violence.
Mayor Patrick J. Morris said he was even looking into eliminating the Police Department entirely, and relying on the county Sheriff’s
Department for law enforcement, which could save money. Many other city services, he said, have already been cut “almost into
nonexistence.”
“The parks department is shredded, the libraries similarly,” Mr. Morris said. “My office is down to nobody. I’ve got literally no one
left.” (Mr. Morris’s son now serves as a volunteer chief of staff for the mayor’s office.)
With the city unable to provide, residents have begun to take more responsibility. Volunteers help with park maintenance, work at
the city animal shelter and, in some cases, even replace broken streetlights.
Neighborhood watch groups have also grown in number in the last year, as they did in Vallejo
and Stockton after those cities filed for bankruptcy. There are now more than 100 groups and
BANKRUPTCY’S IMPACT
counting, up from 76 last year. Chief Handy said the groups would play a “huge part” in fighting
·In San Bernardino, dozens
crime.
FEAR IN G
ANGLAND
GANGLAND
of officers have been laid off
In less affluent parts of the city, though, community groups have had less influence. On the
since the bankruptcy filing,
West Side, traditionally a gang-controlled area, one resident, Elisa Cortez, said that almost all
leaving the police force with
the neighbors on her block had recently moved in, and that she did not know them.
264 officers, down from 350
The city is still doing regular trash collection — at least for now —
if not dead animal removal. But after 15 years driving a garbage
in 2009. Those who remain
truck here, Carlos Teran does not know if the city will have enough WHY IT MATTERS
call in sick more often, said
money to pay him next month. His payroll is now month-to-month, The cascade of budget cuts
Police Chief Robert Hardy.
he said.
caused by the recession and
Emergency response times
Mr. Teran owes more than $200,000 on a house in Bloods gang sluggish recovery eventually
are up. Nonemergency calls
territory that is now worth closer to $50,000, he said.
finds its way to public safety,
Up the street, a tree-lined avenue with views of the nearby foothills, and San Bernardino has
often get no response.
four candles marked the spot where a gang member was killed in become the poster child for the
·Stockton,
a drive-by shooting. Across the street, metal thieves have gutted adverse impact of those
which filed for bankruptcy in
one of the foreclosed homes that dot the neighborhood, ripping
June, has followed a similarly air conditioners and electrical boxes off the walls long before the decisions. It is also an object
lesson for other municipalities
police responded.
grim path into insolvency,
to do whatever possible to wall
“It’s scary,” said Mr. Teran’s wife, Elizabeth. “You hear gunshots. off their public safety budgets.
logging more homicides last
You have to watch your surroundings.”
year than ever before.
MOVING
MO
VING OUT
·In Vallejo,
Some of Mr. Teran’s co-workers, even the ones who have not been laid off, have left San
which filed for bankruptcy in
Bernardino. The Terans, who both grew up here, have considered doing the same, walking away
2008, cuts left the police force from their underwater mortgage and moving their five children to a place where they can leave
the house wearing their blue soccer shirts without fear.
a third smaller, and the city
But they have decided to stay. Mr. Teran is the block captain for a neighborhood watch group
became a hub for prostitution. that also cleans up a park every month. Like other residents in the rougher parts of San
Bernardino, he said he knew the area well enough to feel safe here.
“I know people say this is a shameful city, one of the worst places to live, one of the worst cities
to raise your kids,” Mr. Teran said. “But down deep in my heart, I love this city. And one day it will turn around.”
This article originally appeared in the Orange County Register on January 17, 2013. Reprinted with permission from the Register.
10 THE COURIER
TO: All AOCDS Members
FROM: Tom Dominguez – President
DATE: Jan. 22, 2013
RE: Sergeant Patrol Transfer Issue
AOCDS
leadership
worked tirelessly and
cooperatively with the
Sherif f’s
Department
throughout the entire Yorba
Linda police services
bidding process and signing
of the contract. We were
willing to consider anything
the Department suggested
over the course of the
process as long as it did not
negatively impact any of our
current members, a caveat
which was repeatedly
reiterated to sherif f’s
administration. We were
open to these even when the
sherif f’s administration
made modifications to how
things were done when the
Sheriff’s Department began
providing police services to
San Clemente and Stanton
– as long as those
deviations from past
practice did not negatively
impact even a single one of
our members.
Unfor tunately,
the
Department waited until the
contract was signed with
Yorba Linda to inform
AOCDS of its intention to
“deep dive” on the
sergeants list and transfer
three sergeants off the list
to Yorba Linda ahead of, at
the time, 35 other qualified
and competent sergeants.
The initial reasons given to
us in October 2012 revolved
around
putting
the
department’s best people in
Yorba
Linda.
These
arguments
changed
numerous times. At our last
meeting, the mass shooting
that took place at Sandy
Hook
Elementar y
in
Connecticut 11 days before
Christmas was given as a
new reason behind the
policy, even though the
tragic shooting took place
months
af ter
the
depar tment approached
AOCDS about the policy.
AOCDS
met
and
conferred
with
the
department to express our
concerns regarding the
deep diving issue. Our
concerns have nothing to do
with the personnel involved.
They are qualified and
competent law enforcement
officers, as are all of the
sergeants on the patrol
transfer list. If the
depar tment is willing to
ignore its own long
established, fair and
transparent
process
regarding
sergeant
transfers to patrol it will
most cer tainly consider
doing the same with the
deputy patrol transfer
process. AOCDS exists to
ensure that its members
are being treated fairly and
equitably. We cannot afford
to compromise the integrity
of our organization for the
purpose of obtaining a
contract city.
The new policy adopted
by sheriff’s administration
only
creates
an
environment of cronyism
and favoritism, and if
allowed to promulgate, will
erode the hard work which
AOCDS has put in to
safeguard the rights of our
members. AOCDS fought
this battle with then-Sheriff
Carona and Assistant
Sheriff George Jaramillo
and we emerged with a
process designed to be fair,
transparent, and equitable
to everyone involved. Every
single sergeant on the
sergeant’s list has been
deemed by the department
to be a competent
supervisor and they should
be given a fair chance to
perform to their abilities. A
fair and transparent
process is necessary to
prevent an environment
filled with cronyism and
favoritism.
The AOCDS Board of
Directors is extremely
disappointed
with
department’s decision to
follow through with the deep
diving of the sergeant’s list.
Ultimately, the department
only had to deep dive for
one sergeant because of
the natural progression of
the list, but that move
negatively impacted eight of
our current members. That
is simply unacceptable.
The AOCDS Board of
Directors met in early
Januar y to discuss the
events leading up to this
change in policy and the
negative impact it has had
on some of our members.
The City of Buena Park
has asked, and the Sheriff’s
Department has provided,
an informal bid to provide
police services for that city.
Based on the actions of
sherif f’s administration
regarding the change in the
sergeant patrol transfer
policy, your board of
directors is unanimous in its
support of the men and
women of the Buena Park
Police Association in their
efforts to maintain a local
police department for the
citizens of Buena Park.
I met with the leadership
of the Buena Park Police
Association and offered the
full support of AOCDS and
any assistance they may
need in order to maintain
their
fine
police
department.
I have been asked why
AOCDS would go to such
lengths to protect the
interests of its members
and at the expense of
obtaining a new contract
city. If we allow this to
happen with the sergeants
patrol transfer process,
there is nothing to stop the
department from dreaming
up scenarios to justify
ignoring the established
Deputy II patrol transfer/
promotion process. I believe
this policy change has
minimal and possibly
minority support within the
department’s management
ranks. It creates obvious
ethical dilemmas and it is a
serious threat to your career
path if you want to transfer/
promote to patrol.
AOCDS will not sacrifice
its own members in order to
obtain a new police services
contract.
Thank you.
THE COURIER 11
ANNUITIES
By Mar
k Meredith
Mark
Several years ago I
attended a meeting at
OCERS where one of the
speakers warned future
retirees to beware of
annuity salesmen and their
“fees.” Many of those
people had significant
balances in their “deferred
compensation” Section 457
plans. The next year the
market “crashed” and a lot
of people lost as much as
30percent or more of their
account value.
I am not a county
employee and save for
retirement through my
401(K) plan, which is very
similar
to
deferred
compensation. When the
market fell, I lost
approximately 38 percent of
my entire retirement
savings. It took me more
than four years to recover
those losses. I hope that we
never go through a “great
recession” again, but I now
know that the “impossible”
can happen and have been
making changes in the way
I am saving for retirement.
In the past year I have
moved the majority of my
401(K) savings to two
annuities, which I sold to
myself. I still want to invest,
but I am much more
cautious than I used to be.
The first annuity I
purchased is designed to
provide me with a stream of
retirement income in the
future. I do not have a
defined benefit plan - only
Social Security - and
“guaranteed” income is
important to me. This
particular product charges
me relatively high “fees” - in
excess of 3 percent, which
reduces my investment
returns. However, it also
affords me protection if the
market is down. The portion
of my annuity that is
designed to provide me with
income has a guaranteed
rate of return – 6 percent
the first two years and 4-8
12 THE COURIER
percent thereafter. This
means if in the next year the
market went down 15
percent, my income account
would incur no losses and
would in fact increase by 6
percent.
I don’t want to dwell on
this product because it is
more for someone who has
income needs, which many
of my clients do not have
due to their retirement
benefits through OCERS.
The other annuity that I
purchased from myself may
be of interest to anyone who
wants to invest for the future
but wants protection against
losses. It allows me to invest
in several funds. I am
invested in the “S&P 500,”
the “Russell 2000” as well
as an “international” fund.
ees unless the
There are no ffees
annuity is canceled during
the first five years and a
“surrender” charge applies.
In regards to gains, this
policy “caps” or limits my
returns for the duration of
the investment “segment.”
I can choose from one, three
and five year investment
segments. I chose to invest
only in one year segments,
meaning that I will have to
decide in a year if I want to
change to a three or five
year investment segment. I
can also “mix and match”
my investments, with a
portion of my money in each
of the investment segments.
For example, the one year
cap on my “S&P 500”
investment is 11.8 percent.
If the market returns more
during the one year
investment segment I still
get only 11.8 percent. In
regards to “losses” this
annuity of fers me a
selection of downside
protection - 10 percent, 20
percent or 30 percent.
Currently, all of my
investments are in one year
segments with 10 percent
downside protection. This
means during that one year
segment (mine is June,
2012 – June, 2013) I am
guaranteed no loss unless
the S&P 500 investment
drops by more than 10
percent during that year.
For example, if the market
dropped 15 percent, I
would lose only 5 percent.
To me, this is an acceptable
tradeoff. I am willing to
accept a cap on my
investment returns in order
to protect against losses.
For others, who want more
protection, the 20 percent
or 30 percent “buffers” or
three and five year
investment segments may
be attractive. Higher
buf fers mean more
protection; more protection
means lower investment
caps. For example, had I
chosen a three year
investment segment with
20 percent downside
protection for my S&P 500,
my cap would have been 19
percent. At the end of the
three year segment, the
most I could “gain” is 19
percent; however, at the
end of that three year
segment I am guaranteed
no losses unless the S&P
has fallen more than 20
percent.
I think the County offers
an excellent deferred
compensation plan. When
considering retirement, my
opinion is that any funds
that you anticipate using
before age 59 ½ should
remain with the County.
This is because if you “roll”
your money to an IRA
(mutual fund, brokerage
account, annuity) the
money can’t be accessed
until 59 ½ unless you are
willing to pay a 10 percent
penalty to the IRS.
I have sold life insurance
to law enforcement officers
and their families for more
than thirty years. Until I got
serious
about
my
retirement after the market
crashed I paid little
attention to annuities. In
fact, prior to the recession,
I would usually recommend
any money “rolled” from a
401(K) or 457 plan to an
IRA, be invested in mutual
funds where there are no
caps. This is probably what
I would have done for
myself. I have now learned
that bad things can happen
to my investments and have
chosen
to
protect
approximately two-thirds of
my 401(K) money with
annuities. The other onethird remains in my 401(K)
plan and has done great the
past year. I may very well
experience higher returns
than with my annuities, but
at this point in my life,
protection against losses
has become important to
me as well.
My recommendation to
retirees and pre-retirees is
that you may want to meet
with your financial advisor
and review your retirement
investments. It is important
that you know the
investment options that are
available to you. I learned
the hard way; it took a
recession to motivate me to
educate myself.
I hope this information is
helpful. It is intended to
represent my opinions and
experiences. Please feel
free to call me at 949-8335845 if you have any
questions regarding this
article.
AOCDS Insurance Broker
Mark Meredith is a
registered representative
who offers securities
through AXA Advisors, LLC,
member FINRA, SIPC and is
an agent who offers annuity
and insurance products
through AXA Network, LLC
and/or its insurance agency
subsidiaries.
Sheriff’s deputies begin
patrolling Yorba Linda
YORBA LINDA – The Orange County Sheriff’s Department began patrolling the
city of Yorba Linda at the stroke of midnight January 5, ending Brea’s 42-year
contract to provide police services for the city’s residents. The Sheriff’s Department
hired 21 Brea officers, fulfilling a commitment made by Sheriff Sandra Hutchens to hire officers displaced by the
contract change and keep them working in Yorba Linda through the transition.
Brea police officers were scheduled to patrol Yorba Linda streets until May 3, but the switchover came two months
premature because the city of Brea was struggling to patrol both cities without the 21 officers hired by the Sheriff’s
Department and another six who lateralled to other departments.
The Sheriff’s Department was the lowest bidder on Yorba Linda’s police services contract, with a proposal that will
cost Yorba Linda $9.8 million compared to the $11.4 million Brea charged the city last fiscal year. Yorba Linda City
Council voted 3-2 in April to sign a five-year contract with the Sheriff’s Department, rejecting a $10.9 million bid from
Anaheim and two separate bids from Brea, a $10.7 million proposal which would maintain current service levels and
a $10.3 million proposal which would cut two police officers.
The Yorba Linda City Council rejected two eleventh-hour offers from
Brea, including a provision to pay for the costs Yorba Linda would be
have to pay if it terminated its contract with the Sheriff’s Department.
The council rejected the proposal by a 3-2 vote.

Yorba Linda P
olice
Police
Ser
vices Contact
Services
Number
umberss
911: For emergency calls. Yorba Linda calls for
police service are now automatically forwarded
to sheriff’s dispatchers instead of Brea
dispatchers.
714-647-7000: For non-emergency calls for
police service.
714-779-7098: Orange County Sheriff’s
Department’s Yorba Linda substation. This
number will be active Monday through Friday,
from 8 a.m. to 5 p.m. for administrative
questions specifically for Yorba Linda.

Twenty deputies are assigned to patrol duties within Yorba Linda – a
city of nearly 59,000 residents spread out over 20-square miles. Six
more deputies are assigned to patrol the unincorporated areas in Yorba
Linda. The county of Orange, which is responsible for unincorporated
areas, and Yorba Linda will split the cost of those deputies.
Photos courtesy of the Orange County Sheriff’s Department and photographer Randy
Frager.
THE COURIER 13
14 THE COURIER
THE COURIER 15
Plegel Oil
Company, Inc.
17052 Cascades Avenue
Yorba Linda, CA 92886
Plegel Oil Proudly Supports
the OC Deputies serving
Yorba Linda
Wayne Plegel
Office 714-579-1931
Cell 714-803-7551
Fax 714-572-3571
16 THE COURIER
IF YOU OR YOUR PARTNER IS
INVOLVED IN ANY INCIDENT WHERE
SERIOUS INJURY OR POSSIBLE
DEATH COULD RESULT,
IMMEDIATELY CALL THE AOCDS –
ANY TIME OF THE DAY OR NIGHT.
(714) 285-2800 AND ASK FOR
IMMEDIATE REPRESENTATION.
FOP ALERT: Changes in
New York Gun Laws
SUNSHINE
TECHNOLOGY
19184 Via Del Caballo
Yorba Linda, CA 92886
714.234.8622
DUKES CAFE
23030 Eastpark Drive
Yorba Linda, CA 92887
714.283.3345
ANONYMOUS
DONOR
8401 Standustrial Ave.
Stanton, CA 90680
714.828.8238
This alert is to advise members of the Fraternal Order
of Police that recent changes to firearms laws in New
York may impact active and retired officers visiting
the State and carrying concealed firearms under the
auspices of the Law Enforcement Officers’ Safety Act
(LEOSA). New York State law prohibits the possession
of magazines holding more than seven (7) rounds. The
exemption provided by the LEOSA from State and local
prohibitions on the carriage of concealed firearms
T exempt active and retired officers from State
does NO
NOT
or local laws regulating magazines. It is unlawful for
out-of-State active or retired law enforcement officers
to possess a magazine which is capable of holding
more than seven (7) rounds in the State of New York
and you could face a criminal charge. It is our
understanding that the prohibition on magazines went
into effect immediately. While the National Legislative
Office has not done a full legal analysis of the new
laws, it is very clear that this provision in the new laws
will have an immediate effect on FOP members
traveling to or through the State of New York. In
addition, retired law enforcement officers living in New
York—even those who have retired or separated from
their agency in good standing in the State of New
York—may also be affected by the ban on magazines
capable of holding more than seven (7) rounds. We
urge our members that choose to carry concealed
firearms in New York under the auspices of the LEOSA
to follow the law and use good judgment. Any
questions about the new laws in the State of New York
should be directed to the New York State Troopers or
Office of the Attorney General of New York.
THE COURIER 17
AOCDS Assistant
Director Mike
Carre Retires
Committee. He also helped
AOCDS negotiate numerous
contracts as both a board
member and assistant
director.
District
A
tt
orne
Att
ttorne
orneyy
Commander P
aul
Paul
Bar
tle
tt named ne
w
Bartle
tlett
new
assistant direct
or
director
AOCDS Assistant Director
Mike Carre retired February 14
after more than a decade of
dedicated service to our
organization. Mike joined the
AOCDS staff in September
2002 after retiring as
assistant chief of the Orange
County District Attorney’s
Bureau of Investigation
following a 22-year career with
the bureau and nearly six years
with the La Habra Police
Department.
Mike spent more than 20
years as an AOCDS area rep
and board member, including
serving 12 years as chairman
of the AOCDS Political Action
Mike Carre
Mike’s professionalism,
institutional knowledge and
passion for the job made him
an invaluable asset to the
men and women of our
association. He will be
greatly missed.
AOCDS is proud to announce
Commander Paul Bartlett of the
Orange County District Attorney’s
Bureau of Investigation was
chosen as Mike’s successor.
Paul, who last served as the
district attorney’s division
commander
overseeing
investigations, is a 31-year
veteran of law enforcement. He
began his career with the West
Covina Police Department in
1981 before joining the Orange
County District Attorney’s Office
as an investigator in 1998.
Paul has also been active in
law enforcement associations,
including serving on the
governing boards of the
Association of County Law
Enforcement Managers (ACLEM),
the California District Attorney
Investigators’ Association
(CDAIA) and AOCDS.
As a member of the AOCDS
Board of Directors for six years,
Paul played a critical role in the
early stages of the 3 percent at
50 pension lawsuit, the Measure
“D” Initiative to protect Sheriff
and District Attorney funding,
and served as the AOCDS liaison
to the District Attorney on
important issues. Paul also
served as a member of the
AOCDS Political Action
Committee, a trustee of the
Medical and Benefits Trusts
and as a member of three
labor contract negotiations
teams.
Paul Bartlett
Your AOCDS Board of
Directors is pleased to
welcome Paul to his new role
as assistant director.
Law Enforcement’s Most Trusted Choice For Home Loans
18 THE COURIER
THE COURIER 19
AOCDS Pr
ovides Comf
or
oW
ounded W
arrior
Pro
Comfor
ortt tto
Wounded
Warrior
arriorss
Deputies’ association par
tner
olice Association
partner
tnerss with Santa Ana P
Police
and o
ther
o suppor
oops
other
therss tto
supportt our tr
troops
SAN DIEGO – On a sunny December day over a catered
lunch of burritos and rice and beans, Santa Ana police officers
in blue uniforms and Orange County sheriff’s deputies in green
ones talk with the warriors – their bodies wounded by war but
their spirits unmarred.
A Marine grasps a tiny bundle of pink - his infant daughter close to his chest with his only arm. Soldiers, broad-shouldered
and tattooed, stride into the dining room at the Naval Medical
Center San Diego on “cheetah legs,” curved carbon fiber blades
that replaced combat boot-wearing feet and powerful legs. The
blades allow them to run and jump and sprint. Others push
themselves in wheelchairs, carefully but confidently
maneuvering through the maze of chairs, crutches, and bodies.
Between bites of carne asada and homemade chocolate
chip cookies they talked of going back home to Brooklyn, the countless hours logged on the basketball court preparing
to compete in the Paralympic games, and buying steaming corn on the cob from the man pushing his corn cart
through their neighborhood.
And they talked about what the future holds.
With advancements in battlefield medicine and body armor, an unprecedented percentage of service members
are surviving severe wounds or injuries, according to the Wounded Warrior Project. For every US soldier killed in World
Wars I and II, there were 1.7 soldiers wounded. For every US soldier killed in Operation Iraqi Freedom and Operation
Enduring Freedom, seven are wounded. More than 50,400 servicemen and women have been physically injured in
the recent military conflicts, according to the Wounded Warrior Project.
In addition to the physical wounds, it is estimated as many as 400,000 service members live with the invisible
wounds of war including combat-related stress, major depression and post-traumatic stress disorder, according to the
project. Another 320,000 are believed to have experienced a traumatic brain injury while on deployment.
The kindergartners in teacher Sandee Ashby’s class just wanted to help. The effort to bring some Christmas Comfort
to the wounded troops began in the fall of 2005 when Ashby, a teacher at Coast Christian Elementary School in
Redondo Beach, asked her students what they wanted to do to celebrate Christmas. Their response: instead of
exchanging gifts with each other they wanted to give gifts to someone in need.
Ashby, the wife of then-Santa Ana Police Cpl. Rick Ashby, began working with a representative from Blue Star
Mothers of America, an organization of mothers of service members, to make her students’ request a reality. Together,
they decided that the patients at the Naval Medical Center San Diego were the most deserving.
The Naval Medical Center San Diego has a staff of more than 6,700 military and civilian professionals providing
health care for a population of more than 92,000 active duty, family members and retired military personnel. On any
given day, NCMSD staff fills an average of 7,000 prescriptions, conduct more than 4,000 outpatient visits, administer
1,000 vaccinations and deliver nine babies.
Cpl. Ashby reached out to his colleagues on the Santa Ana Police Department Gang Detail to help in the effort.
The Santa Ana POA, Santa Ana Peace Officers for Christ, and the Orange County Gang Investigators Association
collaborated to make the event a success the first year. Every year more and more organizations have joined the
Santa Ana POA in expressing gratitude for the sacrifices and service of these American heroes.
This year, the Association of Orange County Deputy Sheriffs partnered with the Santa Ana Police Officers Association
and police associations from Fullerton and Anaheim to provide some comfort to our wounded Marines, sailors and
soldiers before Christmas. Operation Christmas Comfort was made possible because of the selflessness of
kindergarteners.
Orange County Sheriff’s Deputies Hector Catalan and Bart
Epley were part of the caravan of police cars carrying nearly
100 gift bags stuffed with sweatshirts, t-shirts, movie tickets,
cash, challenge coins and Christmas cards on its way to the
Balboa Naval Hospital. Wounded warriors with leg
amputations were also given breakaway pants, which are
easier to put on and remove.
The Orange County Gang Investigators Association, the
Santa Ana Service Employees International Union and the
Santa Ana Senior Management Union also supported the
effort.
20 THE COURIER
THE COURIER 21
IMPORTANT NOTICE
Upcoming Dependent Eligibility Audit
In an effort to further reduce the rising cost of participants’ medical and supplemental insurances AOCDS
will soon be performing its Dependent Eligibility verification audit. The audit is being done to ensure only
those eligible to receive benefits through our plans are receiving benefits. Plan participants wishing to provide
insurance coverage for dependents will need to provide proof of eligibility for all dependents covered on
their plans.
You will be receiving more information in the mail in the coming weeks regarding the audit. Ex-spouses,
ex-step children, and girlfriends and boyfriends are NOT eligible dependents. In the meantime, please gather
your marriage certificates, your 2012 federal tax return which include your spouse, and your children’s birth
certificates in order to help us ensure only those eligible to receive benefits are receiving benefits.
SOLAR
ADVANTAGE
Proudly Supports
the Association
of Orange County
Deputy Sheriffs
3471 Ironbark Way
Yorba Linda, CA 92886
714.315.4054
22 THE COURIER
MIKE KAPLANS
POOL SERVICE
5580 Camino Caluroso
Yorba Linda, CA 92887
714.401.1525
CAPTURE THE MOMENT
28460 Evening Breeze Dr.
Yorba Linda, CA 92887
714.553.5529
MIKE SCHULTZ
IMPORT SERVICE
17035 Imperial Hwy Suite A
Yorba Linda, CA 92886
714.528.4411
THE FRIENDSHIP
BAPTIST CHURCH
17145 Bastanchury Road
Yorba Linda, CA 92886
714.528.0900
DOROTHY YEH LOUIE
Proudly Supports the
efforts of the AOCDS
Serving the Community
of Laguna Woods
Dominguez & R
ose:
Rose:
Pension ‘ref
inance’ right
‘refinance’
fix in lean times
AOCDS VOTER INFORMATION GUIDE CALIFORNIA GENERAL ELECTION, NOVEMBER 6, 2012
TOM DOMINGUEZ and DAVE
ROSE / For the Register
The governor’s pension
plan for government
workers, which went into
effect Jan. 1, will save
money by eliminating some
of the abuses, including
spiking and airtime.
Workers will be paying more
into their pensions and
receiving lesser benefits.
But these savings will not be
realized for several years.
Taxpayers need relief now.
The men and women of
the Association of Orange
County Deputy Sheriffs and
the
Orange
County
Professional Firefighters
Association have always
been at the forefront of
pension reform. We pay into
our pensions and we will
continue to pay into our
pensions. Deputy sheriffs
and OCFA firefighters were
one of the last in the county
to negotiate the 3 percent
at 50 retirement formula.
Your firefighters and deputy
sheriffs gave up pay raises
and
made
other
concessions in exchange for
the benefit. Once the
economy declined and
pension costs increased, we
were among the first in law
enforcement in the state to
of fer to pay into our
pensions and the first to
adopt a second and lower
retirement tier for new hires.
OCFA led the way among
firefighters with a lower tier
for new hires and paying
into
pensions.
The
firefighters and deputy
sheriffs have a proven track
record of working with the
county to implement
pension reform – and we
are committed to continue
to do so.
Unfor tunately
for
taxpayers, pensions have
become the political
football in a game played by
budget arsonists who want
nothing more than to set a
fire only to rush in and put
it out and be patted on the
back for their heroics.
A sharply divided OCERS
Board of Directors opted
last month to dramatically
reduce the system’s
assumption rate, which
created an increase of the
unfunded liability of nearly
$1 billion. The reduction
was the more drastic of the
two recommended by
OCERS’ actuary and will
unnecessarily cost Orange
County taxpayers more than
an extra $68 million a year.
While Orange County
politicians are publicly
bemoaning depressing
budgets and bleak financial
outlooks, they are not only
creating an even deeper
hole out of which taxpayers
must climb, they are also
failing to seize the
opportunity to create some
fiscal relief.
All across America
people are tightening their
belts to make it through
these trying economic
times. Yet, instead of giving
taxpayers a much-needed
break, the OCERS board
has chosen to repay its
unfunded liability over a
shorter period than many
other retirement systems.
OCERS’ approach is similar
to a homeowner insisting on
hanging onto a 15-year
mor tgage instead of
refinancing to a 30-year
mor tgage during tough
economic times to give
themselves some financial
breathing room.
There is no doubt a 15year mortgage will pay off
the debt quicker than a 30year mortgage, but it’s not
a better solution when you
can’t afford the higher
payments that come with it.
Shorter time to pay off
the debt means larger
payments by OCERS’ plan
sponsors, which includes
the County of Orange – and
in turn, you, the taxpayers.
Larger payments mean less
money to provide county
services – and when the
money isn’t there, the
services won’t be there
either.
Together, we hired Rael
& Letson Consultants and
Actuaries to review OCERS’
financials and look for a
solution. What they found
was staggering. OCERS
could save its plan sponsors
$74.5 million a year. This
incredible savings could be
realized by restarting the
OCERS repayment – or
amortization – period to a
fixed and declining 30-year
period.
Restarting
the
amor tization
is
not
unprecedented, and it is an
accepted strategy in both
private and public pension
plans. In fact, OCERS did
just that in 2005. And now
it’s time to consider doing it
again to provide some
much-needed breathing
room.
Plan sponsors, including
the County of Orange, could
always pay more than the
minimum payment during
more flush years and
continue to pay off the debt
quicker, but lowering the
minimum payments allows
some wiggle room during
leaner years.
Don’t take our word for
it. We are calling on the
OCERS board of directors to
ask its own actuary to study
what a fresh start 30-year
amortization could save its
plans sponsors – and you,
the taxpayers. Hopefully
they will listen and give
taxpayers a badly needed
break.
Tom Dominguez is president
of the Association of Orange
County Deputy Sheriffs. Dave
Rose is president of the Orange
County Professional Firefighters
Association.
This editorial originally
appeared in the Orange County
Register on January 16, 2013.
Reprinted with permission from
the Orange County Register.
THE COURIER 23
24 THE COURIER
THE COURIER 25
26 THE COURIER
Ho
w will
How
Healthcare
ref
orm
reform
af
afffect me?
Br
ought tto
o yyou
ou b
own
Brought
byy Br
Bro
Insurance Ser
vices
Services
As the Affordable Care
Act (ACA) provisions
continue
to
be
implemented, many of our
members are wondering
how these measures will
affect them personally.
The
most
common
question or concern we are
hearing is “Will Obamacare
save me money or cost me
more?” The simple answer
is that it will end up costing
group plans more money in
the form of higher
premiums. Regardless of
whether the health plan is
sponsored by a union, a
city or county government,
or a private sector
company, premium costs
will rise at a faster rate as
a result of the ACA. This
article will provide a quick
recap of some of the ACA
measures that have
already gone into effect,
and it will discuss some of
the costs associated with
provisions that will be
going into effect in 2014
and 2018.
20
10 – No cost tto
o insured
201
member ffor
or pre
e
prevv entiv
entive
ser
vices
services
If you weren’t aware of
the implementation of this,
you and your covered
dependents can get
annual preventive exams
for NO copayment. This
includes your annual
checkup, flu shots and
other
preventive
procedures.
While
catching illnesses early
can potentially save in the
long run, there is a cost to
a no copayment service.
The cost for this mandated
benefit is already included
in your premiums so
ever yone should take
advantage of their no
copay preventive care!
20
1 0 – Dependents
201
co
o age 26
covvered tto
All dependents are now
eligible to join their
parent’s
or
legal
guardian’s insurance
regardless of their full time
student status.
The
number of employees who
took advantage of this new
rule was substantial and
carriers who had to cover
these once ineligible
dependents had to slightly
raise the premiums for the
added
insured
participants. Previously
children could only remain
on the plan until age 19
unless they were a full time
student. We saw a large
percentage of children
return to their parent’s
plan and the cost
associated with additional
plan members was added
to the group’s premium.
20
12 – A
utism Co
2012
Autism
Covverage
As of July 2012, SB 946
removed limitations for the
treatment of autism.
These treatments include
Applied Behavior Analysis
and
evidence-based
behavior intervention
programs that develop or
restore the functioning of
an individual with autism.
These treatments can be
very expensive due to the
length of time people are
in treatment and the
additional cost of this
mandated benefit is
reflected in annual
premium increases.
20
1 4 – TTransitional
ransitional
201
R einsurance FFee
ee and
Insurance Industr
ax
Industryy TTax
Beginning in January
2014,
the
Federal
Government will require
insurance companies to
pay an additional $20
billion dollars in taxes and
fees. This money will be
used to help fund the
Insurance Exchanges
where people with no preexisting conditions can buy
individual policies starting
in January 2014. The
insurance companies have
told us in no uncertain
terms that they will be
passing 100% of these
new taxes onto sponsors
of group health plans. We
at Brown Insurance
Services expect this to
significantly impact 2013
and
2014
renewal
increases.
20
18 – The Cadillac plan
201
excise tax
This provision will have
the greatest impact on our
groups, so it’s very
important to understand
what it entails. When the
ACA was implemented, the
fundamental purpose was
to insure all Americans.
Many steps were taken to
guarantee that everyone
would have the ability to
procure a policy regardless
of health status. There are
also provisions for the
working poor and those
that cannot afford a policy
to receive financial
assistance so they can
insure themselves or their
family. These are lofty
goals but unfortunately
health care reform comes
with additional taxes, as
stated above, as well as a
penalty for groups offering
“excessively rich” benefits
called the Cadillac Tax.
The Cadillac Tax goes into
effect in January 2018 and
it is a huge concern. As it
stands right now, “Cadillac
Plans” will have to pay a 40
percent tax on premiums
greater than $10,200 for
an individual or $27,500
on a family. This will
significantly impact our
groups because the vast
majority of plans we
administer would be
considered Cadillac plans
by 2018 and may become
unaffordable. We will be
following this very closely
with your Insurance
Boards
and/or
Committees that represent
you and will alert you of any
potential changes to the
proposed Cadillac Tax.
While your association has
strived to maintain the
best coverage for the best
price, it may come to pass
that they may have to
decrease the value of
some of the medical plans
in order to provide plan
options that are below the
Cadillac Tax threshold.
As always, it is our job
to notify our groups of any
changes in the law
regarding insurance. We
highly recommend you
take advantage of the laws
that can help your family,
including preventive care
and adding dependents to
age 26. You are welcome
to
contact
Brown
Insurance at any time at
714-460-7744 to ensure
you are using your benefits
that best fits your needs.
If you have concerns with
any portions of the ACA, we
recommend voicing your
opinions
to
your
c o n g r e s s i o n a l
representatives.
THE COURIER 27
26 THE COURIER
JOE ALLEMAND
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