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Office: 901-840-2683
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Current News

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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.”

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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 This e-mail address is being protected from spam bots, you need JavaScript enabled to 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:

 

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

2Garcetti, 547 U.S. at ____, 126 S.Ct. at 1959-60.

3Id., 547 U.S. at ____, 126 S.Ct. at 1960.

4Id.

5Id., 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 PUBLIC 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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