June 12, 2010
Tennessee
State Lodge Biennial Conference News
The 28th Biennial Conference
of the TN State Lodge concluded on Saturday, June 12, 2010 with the election of
new officers. The officers are:
President:
Johnny Crumby
Vice-President: Dan Raper
2nd
VP:
Scottie Delashmit
Secretary:
Mike Embrey
Treasurer:
Larry McCoy
Sgt-At-Arms: David Cowan
Trustee Chairman: Bob Yoakum
Imm. Past Pres: Brian Moran
National Trustee: Duane Phillips
The conference was a huge success and everyone had a great time. Thanks to the
host lodges and especially Brother Bohanan for his dedication and
patience.
May 26, 2010
Collective Bargaining Amendment
Pending in Senate!!!
Tuesday morning, Senate Majority Leader Harry M. Reid (D-NV)
offered the text of S.
1611/S. 3194, the “Public Safety Employer-Employee Cooperation
Act,” as an amendment to
H.R. 4899, the “Supplemental Appropriations Act,” which
provides additional funding for U.S.
military forces in Iraq and Afghanistan, as well as disaster
relief for areas affected by the BP oil
spill in the Gulf of Mexico.
For the last thirty-six hours, the staff in the National
Legislative Office has been involved
in intense negotiations with our allies in the Senate in an
effort to ensure that the amendment
will be considered. It is very likely that the opponents of the
bill will object to its being offered
on a spending bill—known as a “Rule 16” objection. In
other words, we expect the amendment
to be ruled out of order.
We want to ensure that all of our members are fully informed as
this procedural maneuvering
plays out, so as not to be taken in by false rumors, like the
“carve out” amendment. Senator
Michael B. Enzi (R-WY), the Ranking Member on the Committee on
Health, Education, Labor
and Pensions (HELP), has offered seven second degree amendments
to the collective bargaining
amendment. The staff in the National Legislative Office has
reviewed the language from all
amendments, none of which would “carve out” any particular
State, office or agency. If the
amendment should be considered, we will oppose each of the
second degree amendments.
Again, while we expect the amendment to be challenged under the
rules of the Senate, it is
an excellent opportunity for FOP members to contact their
Senators and ask them to support
Senator Reid’s amendment, S. Amdt. 4174!!!
FOP members can call their Senators at their Washington offices
(or through the U.S.
Capitol Switchboard at 202-224-3121) and urge them to support S.
Amdt. 4174!!!
REMEMBER: the bill
does not require binding arbitration, protects existing right-to-work
laws, and specifically prohibits strikes and lockouts. The
legislation merely requires that States
“substantially provide” for the following rights and
responsibilities:
• the right to form and join a labor organization;
• the right to bargain over hours, wages, and the terms and
conditions of employment;
and
• the availability of an “interest impasse resolution
mechanism such as fact-finding, mediation,
arbitration, or comparable procedures.”
Additional talking points to use when making your case:
• In the previous Congress, this legislation was passed by the
U.S. House of Representatives
on a 314-97 vote.
• The House bill won a majority of votes from BOTH party
caucuses.
• The Senate bill has strong bipartisan support.
• In the previous Congress, the Senate voted 69-29 in favor of
cloture on a motion to
proceed to consider the legislation (RCV #126).
• The bottom line for both public safety employers and
employees is not profit for shareholders,
but to best ensure the safety of the officers, to bring them
home safely at the
end of their shift and to deliver emergency services in the
fastest and most efficient way
possible.
• It is irresponsible and offensive to suggest that collective
bargaining would impede or
jeopardize the ability of law enforcement officers to do their
jobs. Their lives are on the
line every day, agreement or no agreement, and to suggest that
response to a critical incident
would be used as a bargaining chip is reprehensible.
You can get additional information on the bill, and can direct
Senate staff to, the Frequently
Asked Questions (FAQs) on the Grand Lodge website:
http://www.fop.net/legislative/issues/bargain/hr413s1611faq.pdf
If any of the Senator’s staff that you speak with have
additional questions about the legislation,
tell them to contact Tim Richardson at the FOP’s National
Legislative Office at 202-547-8189.
CALL NOW AND WATCH YOUR EMAIL AND THE FOP WEBSITE FOR ADDITIONAL
LEGISLATIVE ALERTS!!!
FOP and IAFF Stand Strong
in Support of Collective
Bargaining
NFOP President Chuck Canterbury and
Harold A. Schaitberger,
General President of the International
Association of Fire Fighters (IAFF),
denied and then strongly condemned
rumors that the two organizations
were divided about a possible amendment
to H.R. 413/S. 1611, the “Public
Safety Employer-Employee Cooperation
Act.”
“This legislation is a top legislative
priority for the two largest organizations
representing public safety officers
in the United States,” Canterbury
noted. “Because this bill is so basic
and is the product of bipartisan consensus,
our opponents are reaching
new lows in their efforts to deny us a
vote. However, I can assure them that
their efforts to play police officers off
against fire fighters are just not going
to work.”“The IAFF and the FOP have been
partners on this effort for more than
a decade now,” Schaitberger said.
“We’re not going to agree to any
amendment that the FOP has found
unacceptable. This is bill is too important
to police and fire fighters to play
political games.”
Fraternal Order of Police and Nationwide Advantage Mortgage
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reserved.
A number of years ago I came to you with the news that OnStar*
contacted the Fraternal Order
of Police to discuss a new concept that they were working on
called STOLEN VEHICLE SLOWDOWN
(SVS). OnStar* contacted the FOP for our input. As they
indicated to me at the time, “We are the professionals
in the engineering field but you guys are the experts in the
everyday to day operations. We need
to work together.” What more can we ask for than to be
consulted in how we implement new technology? We, along with other first
responders, met with the OnStar* staff and they were very
receptive to our suggestions.
OnStar* has continued to discuss concepts and new ideas with us.
One of the newest concepts that they have, one that my
Department recently utilized, is the Remote Ignition Block. Once
OnStar* uses GPS technology to locate a stolen vehicle, they automatically
send a signal to block the ignition to prevent restarting the
engine. OnStar* can send a signal to disable the accelerator of
Stolen Vehicle Slowdown equip[ed vehicles when law enforcement
says it’s safe to do so. Again this was something discussed with the
professionals in the field for input and advise. They are
looking at even more valuable uses for this system in the future.
OnStar* is now asking for all of our input across the board.
OnStar*’s goal is to not only provide the emergency and security
needs of their customer but also to ad-dress the issues and
needs of the first responders. How are they doing, how they can improve
and how they can better work with us?
We offer the broadest field of professionals in law enforcement.
We have Supervisors, Road Patrol Officers, Detectives and
Special Operational Teams all working for a common goal. OnStar*
would like to hear from us. I have included a web site for you to
answer a short survey. Please take the time to respond. We can’t
complain later when something doesn’t work if we don’t take the
chance to express ourselves. Your expertise is what they count
on.
www.surveygizmo.com/s/282688/osps
Your Professional Input is Needed
from Dave Hiller, National Vice President
Senate Passes LEOSA Amendments Bill!!!
National President Chuck Canterbury cheered the news that the U.
S. Senate passed S. 1132, the “Law Enforcement Officers’
Safety Act Improvements Act,” by unanimous consent on May 14.
“I want to first express my deep appreciation to Chairman
Leahy for his commitment to this issue,” Canterbury said. “I know he’s
been trying to move the bill for us since late last year, and
his persistence paid off today.”
Senator Patrick J. Leahy (D-VT), the Chairman of the Judiciary
Committee, is also the sponsor of S. 1132. With the active support
of the Judiciary Committee’s Ranking Member, Senator Jefferson
B. Sessions II, the legislation was favorably reported by that committee
in March of this year.
“We’re very fortunate to have a champion like Chairman Leahy
and strong supporters like Senator Sessions,” Canterbury said.
“Many of our retired officers are facing significant hurdles
because some States have failed to implement the law as intended by Congress;
this bill will help them overcome those obstacles.”
The bill would improve certain provisions of the Law Enforcement
Officers’ Safety Act (LEOSA), especially with respect to retired
law enforcement officers, and would make clear that law
enforcement officers employed by the Amtrak and Federal Reserve Police
Departments, as well as those employed by the executive branch
of the Federal Government who are classified as a GS-0083 meet
the definition of “qualified law enforcement officer” in
current law. The bill would also lower the aggregate years of service needed to
meet the definition of “qualified retired law enforcement
officer” from fifteen (15) to ten (10) and removes confusing language related
to that same definition. The bill will now move to the House for
further consideration.
Ray Simon Inc. is offering this print at www.eowpainting.com,
with
a part of the proceeds going directly to the F.O.P. Many
customizable
painting options and choices are available, including: the
placement of a
photo of the fallen officer, government or police official
within the painting,
or an image of the department’s badge within the art.
Memorial Painting To Benefit FOP
|
Tennessee
Fraternal Order of Police Continued Training
In the last 18 months the TN FOP has provided training
on the Fair Labor and Standards Act, Common Mistakes
Made By Officers Involved In a Critical Incidents, and
Preparing For The Employer-Employee Cooperation
Act (collective
bargaining). All of these training seminars have
had good attendance and were very well received. Below I
want to give the membership an idea of training that the
TN FOP State Lodge has planned, or will be planing in
the future.
-Already Scheduled, June 24th; training
seminar on your rights as an employee and law
enforcement officer while under investigation.
This seminar will cover your rights while under
investigation for criminal or administrative charges,
and the differences between the two types of
investigations. This seminar will be held at the State
Conference in Pigeon
Forge June of 2010. It is open to all delegates
who attend the conference but also to any FOP member who
may want to attend the training only. It is a free
seminar.
-Future Training, to be scheduled: training seminar ,
How to Represent Members. This seminar will cover how to
serve as an advocate, how to put your personal feelings
aside, and the duties of fair representation. This
seminar will be open to all members.
-Future Training, to be scheduled; training
seminar, Basic Collective Bargaining. This seminar will
offer tools to those new to collective bargaining. It
includes hands on training that combines role playing
activities with classroom instruction. You will be
engaged in using actual bargaining techniques and
strategies in a classroom environment. This seminar will
be open to all members.
All these seminars are being planned to get our
membership prepared for the eventual passage of the
Employer-Employee Cooperation Act (collective
bargaining). We are laying a foundation in areas of
representation of members and labor related topics so we
can continue to provide the very best service to all our
membership. I will be putting out the dates, and details of
all future training as we get them.
Brian
Moran
TN FOP Pres
|
Utah's 4-10 Schedule A
Decided Success
From Time.com, September 7
In an era when most of us seem to be working
more hours than ever (provided we're still lucky enough to have
jobs), 17,000 people in Utah have embarked on an unusual
experiment. A year ago, the Beehive State became the first in the
U.S. to mandate a four-day workweek for most state employees,
closing offices on Fridays in an effort to reduce energy costs.
The move is different from a furlough in that salaries were not
cut; nor was the total amount of time employees work. They pack in
40 hours by starting earlier and staying later four days a week.
But on that fifth (glorious) day, they don't have to commute, and
their offices don't need to be heated, cooled or lit.
After 12 months, Utah's experiment has been
deemed so successful that a new acronym could catch on: TGIT
(thank God it's Thursday). The state found that its compressed
workweek resulted in a 13% reduction in energy use and estimated
that employees saved as much as $6 million in gasoline costs.
Altogether, the initiative will cut the state's greenhouse-gas
emissions by more than 12,000 metric tons a year. And perhaps not
surprisingly, 82% of state workers say they want to keep the new
schedule. "It's beneficial for the environment and beneficial
for workers," says Lori Wadsworth, a professor at Brigham
Young University who helped survey state employees. "People
loved it." Those who didn't tended to have young children and
difficulty finding extended day care.
Managers from around the world have gotten in
touch with Utah officials, and cities and towns including El Paso,
Texas, and Melbourne Beach, Fla., are following the state's lead.
Private industry is interested as well — General Motors has just
instituted a workweek of four 10-hour days at several of its
plants. "There is a sense that this is ready to take
off," says R. Michael Fischl, an associate dean at the
University of Connecticut's law school, which is organizing a
symposium on four-day weeks.
The advantages of a so-called 4-10 schedule are
clear: less commuting, lower utility bills. But there have been
unexpected benefits as well, even for people who aren't state
employees. By staying open for more hours most days of the week,
Utah's government offices have become accessible to people who in
the past had to miss work to get there in time. With the new 4-10
policy, lines at the department of motor vehicles actually got
shorter. Plus, fears that working 10-hour days would lead to
burnout turned out to be unfounded — Wadsworth says workers took
fewer sick days and reported exercising more on Fridays.
"This can really make a difference for work-life
balance," says Jeff Herring, Utah's executive director for
human resources.
Of course, in the age of the BlackBerry, fewer
days in the office may not make much of a difference in terms of
workload. But as energy prices start rising again, it makes sense
to be flexible and find savings where we can. 10-4, 4-10.
Back
To Top
|
Police
officers may face higher heart
disease risk
|
07/27/2009
|
|
|
Police
officers may have a higher-than-average risk of
developing heart
disease—not all of which can be explained by traditional
risk factors, a new study suggests.
Researchers found that compared with the general population,
officers with the Buffalo, New York, police force showed an
elevated rate of early Atherosclerosis-a build-up of fatty
deposits in the arteries than can lead to heart disease or
stroke.
The difference, the study found, was not fully explained by
the usual heart
risk factors, such as older age, heavier weight,
smoking and High
Blood Pressure and cholesterol.
The findings suggest that aspects of police work itself may
take a toll on heart health, the researchers report in the
Journal of Occupational
and Environmental Medicine.
Exactly what those factors are is not known, but stress is
one suspect, Dr. John Violanti, who was involved in the
study, told Reuters
Health.
Over the course of a career, police officers are exposed to
chronic, and sometimes traumatic, stress, noted Violanti, an
associate
professor of social and preventive
medicine at the State University of New York at
Buffalo.
Past studies have suggested that chronically elevated levels
of "stress" hormones, like cortisol, may
contribute to Atherosclerosis. Violanti and his colleagues
lacked stress-hormone measurements from their study
participants, so it is not clear what role stress might have
played in the findings.
The study included 312 police officers who were compared
with 318 Buffalo-area residents, all of whom were free of heart
disease symptoms. The researchers used ultrasound to
measure thickening in the walls of participants' carotid
arteries; greater thickness is indicative of early,
symptomless Atherosclerosis.
Violanti's team found that even when they factored in age,
sex and a range of other heart
disease risk factors, police officers generally had
more thickening in the carotid
arteries.
For now, the bottom line for police officers is that they
should try to rein in all the heart
risk factors that they can control-by, among other
things, following a healthy diet, getting regular exercise
and not smoking, Violanti said.
He and his colleagues are currently studying cortisol
levels in police officers, to see what role chronic
stress may be playing in their heart health.
SOURCE:
Journal of Occupational
and Environmental Medicine, June 2009.
Heart Disease News"Police officers may face higher heart
disease risk." ArmMed Media. 7/17/2009. http://www.health.am/cardio/more/police-officers-may-face-higher-heart-disease-risk/
|
The
Gates Case: After Action Report
by Jim Pasco, Executive Director
On the morning of 23 July 2009, at the direction of National
President Chuck Canterbury,
I contacted the White
House to advise them of the FOP’s concerns regarding the
President’s remarks at the previous night’s press conference
which were directed at Sergeant James Crowley and the Cambridge
Police Department. I also advised them that National
President Canterbury would issue a formal statement later in the
day.
I was subsequently contacted by a second member of the White
House staff, who told me that all other police groups had
committed to remain silent on the issue. I told this staff
member that we were unlikely to remain silent. I
suggested that he call National President Canterbury, who was in a
travel status, and gave him National President Canterbury’s cell
phone number. I immediately called National President
Canterbury and briefed him on both my conversations with White
House staff.
About ten minutes later, National President Canterbury, having by
then spoken with the White House himself, coordinated with Arnie
Larson, President of the Massachusetts State Lodge, and instructed
the Washington, D.C. office to issue a strong statement in support
of Sgt. Crowley and the Cambridge Police Department. We did
so at approximately 3 pm that afternoon. By early that
evening, as a result of FOP leadership on the issue, all
other national police groups--except the National
Association of Police Organizations (NAPO)–rethought
their positions and also made statements in support of the men and
women of the Cambridge Police Department.
We were inundated with media calls but only responded to print
media to ensure a clear and moderate message. National
President Canterbury declined all invitations to appear on talk
shows and television news programs.
On the following day, we were happy to comply with a White House
request to help facilitate a call from President
Obama to Sgt. Crowley, the content of which has been
extensively reported.
There is no doubt that the FOP’s prompt, thoughtful, and
aggressive action ultimately mininmized potential adverse fallout
from this matter, and brought focus to the simple fact that
Sergeant James Crowley is a good police
officer in a good department, and that he and his
colleagues were merely doing their jobs that day–and doing them
well.
April
7, 2009
Ex-Metro cop
sentenced in conspiracy case
Hullett gets
10 months in prison
By Nicole Young
THE TENNESSEAN
A federal judge sentenced former Metro
police officer and union
organizer Calvin Hullett to 10 months in prison and a
year of probation Monday for his role in an illegal
surveillance operation at a camp for underprivileged
children.
Hullett, 45, pleaded guilty to conspiracy by embezzling from a
labor union
and identity
theft as part of a plea agreement in January.
He was working as a national organizer for the International
Brotherhood of Teamsters when he was arrested in Wilson
County in connection with a plan to discredit members of the Fraternal
Order of Police, a rival union that operated the camp.
At the time, the Teamsters and the FOP were battling for the
right to represent Metro
police officers at the bargaining table.
Prosecutors say Hullett bought surveillance
equipment to install hidden cameras at the camp with
about $8,000 from Teamsters funds in the summer of 2007.
Hullett also faced identity
theft charges because he bought cell phones for
co-conspirators under the name of another police officer.
On Monday morning, Alan Poindexter,
Hullett's attorney, filed a last-minute motion to set aside
the guilty plea, but U.S. District
Court Judge William Haynes dismissed it.
Poindexter argued that one of three hard-drives recovered from
the camp had been erased. But, Haynes said the defense had
ample time to present any new evidence in the time between the
plea hearing and sentencing, and he questioned the timing and
motive of the motion.
Hullett: 'I was stupid'
In the end, Hullett was given 45 days to report to federal
authorities. Haynes ruled the extra time was warranted after
hearing testimony from a tearful Hullett detailing the impact
the case has had on his family.
"I was stupid," he told the judge.
"I've been destroyed. I have no idea what jail is like,
but I feel like I've already been there for the past two
years."
As Haynes handed down the sentence, Hullett wept.
"Unless you sit in those shoes, you have no idea what
this feels like," Poindexter said of Hullett. "We
all make decisions we regret. Mr. Hullett made a very poor
decision."
U.S. Attorney Ed Yarbrough said: "The judge took great
pains to treat him fairly," Yarbrough
said.
"It's always difficult when a police officer … gets in
trouble. The community expects that officer to be held to the
same standard, or even a higher standard, as anyone
else."
| FOP letter stirs
up old issues: |
|
|
| Tuesday,
January 27, 2009 |
|
By JOHN B. BRYAN
The Wilson Post
It has been described as an old issue that has been
dealt with, but still a letter from the State Office of
the Fraternal
Order of Police has questioned the leadership
ability of Lebanon
Police Chief Scott Bowen.
The letter was apparently sent to city
council members, Commissioner
of Public Safety Billy Weeks, Bowen, and Mayor
Philip Craighead from Brian
Moran, president of the Tennessee State Lodge of
the FOP.
Bowen was unaware of the letter and its contents as of Tuesday
morning but said he has spoken with Weeks and
Craighead about the direction of the Lebanon
Police Department in recent weeks and on a
continuing basis.
“It’s unfortunate that this letter has surfaced.
Our department was nationally accredited under my watch
and our record stands for itself. I have the utmost
respect for all our employees and the FOP. The
Commissioner is made aware of all grievances filed
and he is kept up-to-speed on how our department runs,”
Bowen said.
In his letter to city leaders, Moran addresses recent
morale issues within the department and a “disregard for
policies and procedures by certain command
officers.” Moran’s letter was based on an
investigation conducted by Hall, Booth, Smith & Slover,
a Nashville law firm.
P. Brocklin Parks, an attorney for the firm, represents
hundreds of law
enforcement officers across the State of Tennessee
in disciplinary matters, federal
civil rights lawsuits, use-of-force incidents, and internal
affairs investigations. He authored the letter to
Moran explaining the morale situation as well as policy
issues in the department and an apparent 79 percent no
confidence vote in Bowen’s leadership ability. Parks’
letter was dated Jan. 2, 2009 and addressed issues as far
back as 2007 and as recent as October 2008. Parks also
cited a “serious issue with call-response times” and
that “low morale cannot simply be dismissed as a
potential factor influencing this issue.”
“We conduct surveys in our city about our department
and get feedback from our citizens daily. We have had some
issues with some employees and have dealt with them
accordingly. Anything that comes into my office above a
written reprimand is sent straight to the Commissioner of
Safety,” Bowen explained.
“I think this is an old issue, and it is my
understanding that the issues at the Lebanon Police
Department have been worked out,” said Ward 6 Lebanon
City Councilor Kathy Warmath from her office Tuesday
morning.
Weeks echoed Warmath’s thoughts in stating that the
issues mentioned were old and have been addressed.
“This letter is a FOP’s lawyer’s opinion; I will
assure you that our police officers would never intently
slow-walk a call in response time. I’m not going to
argue with his findings, every lawyer will give you an
opinion; these are issues with management philosophies. I
have talked to both sides and hopefully we are headed down
the right road,” Weeks said.
“We have been aware of this issue, I have discussed
it with council members, the mayor and I have also talked
to police officers. Our officers will strongly disagree
with the statement on response times. I will say there are
some errors in that letter and there are some truths in
that letter. My main concern is to continue to address
issues such as these and move forward. We genuinely care
about all our officers and employees and we feel they all
have a right to grieve anything we do in the
department,” Weeks concluded.
Craighead was aware of morale issues in the department
dating back to his campaign last summer for the office of
mayor.
“I have heard of this (morale issues) back before the
election and I didn’t bring it up because I felt I
didn’t have all the facts about it. Since then I thought
the issues within the department the letter addressed have
been dealt with, some as old as 2007. From the day I came
in (as Mayor of Lebanon), the first thing I told everyone
I wanted all employees to be treated equally and with
respect. We have made some changes in the police
department and all the feedback I have been getting from
officers within the department that morale was getting
better,” Craighead said.
“I will continue to gather facts and learn more about
these issues. I will not make a knee-jerk reaction,” he
added.
Ward 3 Councilman William Farmer also received a copy
of the FOP letter and commented, I will be looking to
Mayor Craighead and Commissioner Weeks to look into the
allegations and take immediate steps to solve what
problems may exist. The problems claimed should be solved
by the management. I hope they will act quickly to resolve
the questions. Our police are an important part of our
city government.”
Publisher John B. Bryan may be contacted at jbryan@wilsonpost.com
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view it .
|
TEAMSTER PLEADS GUILTY IN FOP CASE
From the Nashville
F.O.P. -- Andrew Jackson Lodge 5
---------------------------------------------------
January 6, 2009
FOR IMMEDIATE RELEASE
Nashville, TN—Former Teamster Representative Calvin Hullett
plead guilty today in United States Federal Court to
charges of Conspiracy and Identity Theft.
The charges stem from a June 2007 break in to the Andrew Jackson
FOP youth Camp in Wilson County. Hullett, a former Metro
Police Lieutenant, broke into the camp to install secret
surveillance equipment. Investigations by the Nashville Police
Department and DCS revealed no wrong doing by FOP members
running the camp.
“The FOP is glad that Mr. Hullett has taken responsibility for
his criminal actions that were intended sully the name of the
FOP Youth Camp,” said Robert Weaver, President of the Andrew
Jackson Lodge of the Fraternal Order of Police. “The men and
women of this organization have worked many years to benefit the
community through our work and the charities we support,
specifically the Youth Camp. We look forward to moving forward
and continue to build relationships of trust with the community
we serve.”
Sentencing for Mr. Hullett will take place later this year.
The Fraternal Order of
Police is the world's largest organization of sworn law
enforcement personnel, with more than 318,000 members in more
than 2,100 lodges.
Andrew Jackson Lodge 5 of the Fraternal Order of Police is an
organization made up of full-time and retired full time law
enforcement. Lodge 5 is open to local, state and federal law
enforcement personnel stationed in the Nashville area.
H.R.
218 Prevails in South Dakota Case, Judge says States “cannot
restrict” concealed carry by qualified officers
Chuck Canterbury, National President of the Fraternal Order of
Police, was pleased, but not surprised, by news that charges were
dismissed against four qualified law enforcement officers who were
indicted for violating
South Dakota
’s law against carrying concealed firearms during a visit to
that State.
“Dismissal of the charges was absolutely the right decision,”
Canterbury
said. “The judge’s ruling correctly applied the Law
Enforcement Officers’ Safety
A
ct, which is better known to
FOP
members as ‘H.R. 218.’”
Four off-duty, active law enforcement officers, three Federal and
one local, were charged for carrying concealed firearms while
visiting a bar in
Sturgis
,
South Dakota
. The four were carrying lawfully under the provisions of the
Federal Law Enforcement Officers’ Safety
A
ct (LEOS
A
), or 18 USC 926B, which exempts qualified active law enforcement
officers from State and local prohibitions on the carriage of
concealed firearms. The exemption does not attach if the officer
is under the influence.
A
fter examining the facts of the case, Judge Warren G. Johnson of
South Dakota’s Fourth Judicial Circuit, dismissed the charges,
writing that while “[S]tates retain the right to prohibit the
possession of firearms on government property and to permit
private persons and entities to prohibit the possession of
firearms on their property, they cannot restrict qualified law
enforcement officers in any other manner.”
“The
FOP
fielded a lot of calls and emails from concerned members when the
indictments were first announced, saying that the officers should
not have been charged in the first place. Given the outcome, I
agree with them,”
Canterbury
said.
Initial news reports about the incident were complicated by a
misstatement from a public information officer with the Bureau of
A
lcohol, Tobacco, Firearms and Explosives (
A
TF), which suggested that the law had never taken effect. The
FOP
contacted
A
TF about the statement, which prompted a swift response in the
form of a letter from W. Larry Ford, the
A
ssistant Director for the Office of Public and Governmental
A
ffairs, in which he apologized for the confusion and clarified the
application of the law.
“In short, LEOS
A
is Federal law and qualified active and retired law enforcement
officers may rely on it when traveling with their firearms,”
Canterbury
said.
The news article regarding Judge Johnson’s decision to dismiss
the charges as reported by the Rapid City Journal can be found
here:
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TN FOP Legal Defense Working For The
Members;09/23/08
I wanted to inform our members of a case out of Bartlett TN that has
some scary implications if it is not overturned. For some time the TN FOP
Legal Defense has been representing an officer who was wrongly terminated.
Recently a Chancery Court ruled that the city of Bartlett could
terminate employees for good reason, bad reason, or no reason. In essence
the next time a Bartlett officer stops someone and they use that age
old line "I know the mayor, I'll have your job" it could be true.
The TN FOP has given the member in question the OK to appeal this not only
to the TN Court of Appeals but to take it as far as needed to get this
reckless decision by the Chancery Court overturned.
This is a classic example of the constant abuse we see of officers by
administrations across this state. It is vital that all officers have some
sort of legal protection to fight the fights that need fighting. The Chief's
Assoc, the Sheriff's Assoc, and the TN Municipal League try to argue that
employees are not subject to retaliation for purely political reasons...they
must have their collective heads in the sand. I would submit that officers
are routinely subject to threats and retaliation by members of
administration from one end of this state to the other for nothing more
than political or personal reasons. For any citizen to not be able to
support a candidate or vote the way they want for fear of loosing their job
flies in the face of everything this country was founded on. Any
Mayor, Chief, Sheriff, or lackey there of, should face some old time justice
for such actions...tarring and feathering comes to mind.
The TN FOP will always stand up for the rights of our members...no matter
the cost!!!
PRESS
RELEASE AUGUST 22nd, 2008
Appeals Court Rules In Favor Of Nashville Officer
Posted: Aug 22, 2008 09:43 PM CDT
NASHVILLE, Tenn. (AP) -- A federal appeals court panel has ruled
in favor of a Metro police officer who filed a lawsuit against the department
contending his re-employment rights were violated after serving a year in Iraq.
Brian Petty, who served as an Army Reserve captain, requested
reinstatement with the Metro Nashville Police Department in February 2005 but
was not returned to work until the following month. He was also assigned to a
clerical position, not to his original job as patrol sergeant or similar
position.
Nashville police officials argued that paperwork Petty filled
out was altered and questioned whether he was truthful in disclosing he was
accused of unlawfully possessing alcohol in Kuwait. The Army dismissed all
charges against Petty in January 2005, the lawsuit states.
In its opinion filed Monday in Cincinnati, the 6th U.S. Circuit
Court of Appeals said the returning veteran's right to have his job back
outweighed any particular documentation required by police and that officials
failed to rehire him in a position to which he was entitled.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
PRESS RELEASE APRIL 3, 2008
TNFOP PROTESTS DEFEAT OF HR 0028:The Tennessee Fraternal Order of Police would like to announce our
disappointment in the recent defeat of HB0028. This bill would have stopped the
on going practice of law enforcement officers being punished for not meeting a
set or predetermined number of traffic citations, or "ticket quota".
The companion to HB0028 had already passed in the Tennessee State Senate and we
would like to thank the members of the Senate who supported this bill. It is the
opinion of the Tennessee FOP that "ticket quotas" and the punishment
or reward of a law enforcement officer based on meeting a set quota is unfair to
the officer and the general public. This bill would have stopped the practice of
local city and county governments from using law enforcement as a means to
generate revenue and the practice of pulling officers from more pressing
assignments in an effort to meet their quota.
The members of the State House Criminal Practice Sub Committee of the
Judiciary Committee have by their inaction on this bill, expressed support of
ticket quotas, or in our opinion taxation without representation of citizens, by
the practice of local jurisdictions using law enforcement as a means of raising
revenue.
Brian Moran, President
Tennessee State Lodge
Fraternal Order of Police
www.tnstatefop.com
PRESS RELEASE - 2/29/08
S T A T E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL
P. O. Box 20207
NASHVILLE, TENNESSEE 37202-0207
February 26, 2008
Opinion No. 08-37
Public Employees First Amendment Rights
QUESTION
Whether public employees enjoy free speech rights enforceable
under the First
Amendment when communicating with an elected official concerning
matters relating to the
operation of their governmental entity?
OPINION
When public employees make statements to elected officials
pursuant to their official
duties, the employees are not speaking as citizens for First
Amendment purposes, and the speech
does not enjoy First Amendment protection.
However, public employees who make statements to elected
officials outside the course
of their official duties are not engaged in an official
employment activity and thus retain First
Amendment protection.
Further, pursuant to Tennessee statutory law, public employees
have a statutory right to
communicate with elected officials without fear of retaliation.
ANALYSIS
The United States Supreme Court has recently held that, when
public employees make
statements as part of their official duties, they do not speak
with the same First Amendment
protections as private citizens, even if the subject is of
public concern. In Garcetti v. Ceballos,
547 U.S. 410, 126 S.Ct. 1951 (2006), 1
a deputy district attorney was disciplined
because he
wrote in a disposition memorandum and testified in court that he
believed an affidavit from the
police used to obtain a critical search warrant contained
serious misrepresentations. The United
States Supreme Court held that the attorney's speech was not
protected by the First Amendment
because, when a public employee makes statements pursuant to his
official duties, he is speaking
not as a citizen but for his employer, even if his speech
relates to a matter of public concern. The
Page 2
2 Garcetti, 547
U.S. at ____, 126 S.Ct. at 1959-60.
3 Id.,
547 U.S. at ____, 126 S.Ct. at 1960.
4 Id.
5 Id.,
547 U.S. at ____, 126 S.Ct. at 1962.
“controlling factor” in the Court's decision was that the
deputy's "expressions were made
pursuant to his duties as a calendar deputy." 2
Official communications have official consequences, creating a
need for
substantive consistency and clarity. Supervisors must ensure
that their
employees' official communications are accurate, demonstrate
sound judgment,
and promote the employer's mission. . . . [W]hen public
employees make
statements pursuant to their official duties, the employees are
not speaking as
citizens for First Amendment purposes, and the Constitution does
not insulate
their communications from employer discipline. 3
Thus, the Court concluded that "[r]estricting speech that
owes its existence to a public
employee's professional responsibilities does not infringe any
liberties the employee might have
enjoyed as a private citizen. It simply reflects the exercise of
employer control over what the
employer itself has commissioned or created." 4
Nevertheless, the Court commented that
government employees who make public statements outside the
course of performing their duties
retain First Amendment protection because that is the kind of
activity engaged in by persons who
do not work for the government. Thus, a letter to a local
newspaper is protected as is a discussion
of politics with a co-worker.
The Supreme Court found that First Amendment protection is not
necessary for those
employees seeking to expose "governmental inefficiency and
misconduct" due to "the powerful
network of legislative enactments — such as whistle-blower
protection laws and labor codes —
available to those who seek to expose wrongdoing." These
enactments "protect employees and
provide checks on supervisors who would order unlawful or
otherwise inappropriate actions." 5
In Tennessee, public employees have a statutory right to
communicate with elected
officials. The P UBLIC
EMPLOYEE
POLITICAL
FREEDOM
ACT,
codified at Tenn. Code Ann.
§8-50-601 et seq., makes
it “unlawful for any public employer to discipline, threaten to
discipline or otherwise discriminate against an employee because
such employee exercised that
employee's right to communicate with an elected public official.”
Further, Tenn. Code Ann. §8-50-116(b)(1), provides that no
state employee shall
discriminate against a state employee because the employee
reports “violat[ions] of state or
federal law, rule or regulation,” fraud, willful
misappropriation, acts dangerous to the health or
safety of the public or employees, or gross mismanagement, waste, or abuse of
authority.
.
PRESS RELEASE - 12/7/07
The Ridgetop Police Department received the first five
bulletproof vests in a new program offered by the Tennessee Fraternal Order of
Police (FOP). All five of the officers were delivered custom-fitted body
armor on Saturday, Dec. 1.
The program is organized under the FOP’s Body Armor Committee and is
intended to provide body armor to smaller police and sheriff departments
throughout the state who struggle to pay for body armor, according to Robert
Mowery, chairman of the body armor committee and retired federal agent, said.
The vests have a retail price of about $700-$750, placing their purchase out of
reach for some departments.
PRESS RELEASE - 09/19/07
Judge: "Police Dept. can't deny comp time over cop shortages"
FEDERAL COURT RULING could add to city's budget crunch
By Fran Spielman - City Hall Reporter
The Chicago Police Department can no longer cite manpower shortages to deny
requests from rank-and-file officers who want to use compensatory time in
lieu of overtime pay, a federal judge has ruled.
In a decision that threatens to exacerbate the city's budget crunch, U.S.
District Judge Sidney Schenkier said the Fair Labor Standards Act requires
the city to grant comp time requests made with sufficient notice, even if it
means calling other officers in on their days off to fill the void.
"We do not presume to tell the city how many police personnel it must hire
or how to balance . . . budgetary and public safety concerns," Schenkier
wrote in the ruling handed down Tuesday.
"However, it is clear that the [federal act] does not authorize the city to
balance those challenging concerns on the backs of police personnel by
awarding them compensatory time in lieu of cash payments for overtime work,
then depriving them of the ability to use that compensatory time for reasons
not permitted by the statute."
Fraternal Order of Police President Mark Donahue hailed the ruling as a
victory for rank-and-file officers who give the city weeks', even months'
notice to attend family events, only to be refused because the city says
it's "short" police personnel.
"It's something we've recognized for a long time. There is a manpower
shortage, particularly in district law enforcement," he said. "The city will
have to sit down and come to an agreement with us."
Deputy mayoral press secretary Jodi Kawada said the city is "examining
whether to pursue an appeal.''
Manpower shortages in Chicago's 25 police districts were already a focal
point in police contract negotiations.
PRESS RELEASE - 09/17/07
FOP WINS APPEAL FOR NPD OFFICER: On September 17, 2007 Williamson County Circuit Court Judge Robert E. Lee Davies gave FOP member and Nolensville Police Officer Charlie Holt his job back after a months-long legal battle. Officer Holt was improperly fired by the Nolensville Police Department in April of this year, and the Fraternal Order of Police immediately stepped in and provided legal counsel for an appeal. The termination was upheld by the Nolensville Board of Mayor and Aldermen in a hearing that violated the town's own policies and procedures in the manner that it was conducted.
On September 17th FOP attorney Mark Mayhew successfully argued the merits of Officer Holt's case in front of Judge Davies in Williamson County Chancery Court. Judge Davies awarded Officer Holt's return to the police force with back pay. This hearing was not only a win for Officer Holt and his family, but also for the officers of a small town that set its own personnel rules and then refused to follow them.
Fraternal Order of Police members pay for the FOP Legal Defense plan with their yearly dues. The plan is available to provide members with an attorney for on- and off-duty police actions and in certain disciplinary actions. The Fraternal Order of Police represents more than 250 law enforcement officers in Williamson County, almost 10,000 in Tennessee and more than 325,000 members nationwide.
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