Chuck Canterbury, National President of the Fraternal Order of Police, welcome this weekend’s news that a deal had been worked out to pass the economic stimulus package, which includes more than $1 billion for the Edward J. Byrne Memorial Justice Assistance Grant (Byrne-JAG) program and $1 billion for the hiring program administered by the Office of Community Oriented Policing Services (COPS).

“We had quite a fight on our hands long into Friday night and throughout the weekend,” Canterbury explained.  “Senators were looking to reduce the overall cost of the House bill and many were looking to cut critical funding for State and local law enforcement.  Fortunately, most of the targeted funds survived and should be part of the final bill.”

The House bill, H.R. 1, the “American Recovery and Reinvestment Act,” passed in late January on a straight party-line vote.  The Senate has spent the last two weeks debating its own bill and trying to craft an amendment that would get them the sixty votes needed to pass the bill.  Senators E. Benjamin Nelson (D-NE) and Susan M. Collins (R-ME) offered a language that should attract sixty votes.

“These are critical funds, and it is entirely appropriate for them to be included in this package,”  Canterbury explained.  “The COPS hiring program will be able to add 13,000 more officers to the streets over the next three years, and the Byrne-JAG program will support a diverse range of law enforcement, prosecutorial, and other criminal justice initiatives in communities across the country, including multijurisdictional drug and gang task forces, cold case units, identity theft investigations, school violence prevention programs, services for threatened jurors, witness protection programs, and victims’ rights and hate crime programs.”

The other programs funded in proposed amendment are as follows:

•                $1.05 billion for the Edward J. Byrne Memorial Justice Assistance Grant Programs;

•                 $1 billion for the hiring program administered by the Office of Community Oriented Policing Services;

•                 $440 million for competitive grants to support prevention and intervention programs, as well as certain prosecutorial activities

•                 $300 million for assistance to tribal law enforcement;

•                 $300 million for programs established by the Violence Against Women Act;

•                 $150 million for assistance to law enforcement in rural areas, to prevent and combat crime, especially drug-related crime

•                 $100 million to combat criminal activity stemming from the southwest border;

•                 $100 million for victims’ assistance programs; and

•                 $50 million for internet crimes against children initiatives.

        
The Senate expects to vote to end debate on the measure on Monday and to pass the final bill sometime early next week.  The differences between the House-passed bill (H.R. 1) and the expected Senate bill (S. 1) will be reconciled by a conference committee.

“Key members of both houses have already reached out to secure our support and help in making sure these funds remain in the final bill,” Canterbury said.  “We’ve come out on top after a tough fight, but there’s still some battles to be fought ahead.”

More needs to be done to keep officers safe, especially when it comes to preventing vehicle-related deaths

From the January 2009 Issue

By Rebecca Kanable

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Washington Watch: Legislative Update
For the Week of 26 January 2009
 
I.      Legislative News and Activity
II.     This Week in Congress
III.    Update on FOP Top Legislative Priorities
IV.     Update on LEOSA
V.      DAY ON THE HILL 2009!
VI.     FOP NEWS: House Passes Economic Stimulus Bill with Byrne-JAG and COPS Funding
VII.    FOP NEWS: FOP’s Federal LEO Retirement Bill Introduced
VIII.   FOP NEWS: FOP Applauds Recent Unanimous Supreme Court Ruling on "Stop and Frisk"


I.   LEGISLATIVE NEWS AND ACTIVITY

Executive Director Jim Pasco held discussions with the leadership of the transition teams for both the U.S. Departments of Justice (DOJ) and Homeland Security (DHS).

Executive Director Pasco also met with W. Ross Ashley III, Assistant Administrator for Grant Programs at the Federal Emergency Management Agency (FEMA) at the DHS.  Assistant Administrator Ashley has been asked by Janet A. Napolitano, the newly confirmed Secretary of Homeland Security, to stay in his current position.

Senior Legislative Liaison Tim Richardson met with staff members in the offices of Senators Michael Bennett (D-CO) and Jeanne Shaheen (D-NH) to discuss the "Public Employer-Employee Cooperation Act" as part of an effort to educate new members of the Senate about the legislation.

Senior Legislative Liaison Richardson met with members of Senate Judiciary Chairman Patrick J. Leahy's (D-VT) staff to discuss revisions and an introduction strategy for legislation amending the Law Enforcement Officers' Safety Act (LEOSA).

Senior Legislative Liaison Richardson and Legislative Liaison Jon Gentile represented the FOP at a reception hosted by the National Sheriffs Association.

Senior Legislative Liaison Richardson and Legislative Liaison Bill Fitzpatrick met with staff in the office of Representative Bob Filner (D-CA) to discuss H.R. 673, the "Law Enforcement Officers' Equity Act," and H.R. 675, a bill that would provide statutory arrest authority to all law enforcement officers within the U.S. Department of Defense (DoD).


II.  THIS WEEK IN CONGRESS

Both chambers were in session this week, although the House went into recess on Wednesday to allow the Republicans time for their annual policy retreat.  The policy retreat for the Democrats will be held next week.

Action in the House
The House considered and passed H.R. 1, the "American Recovery and Reinvestment Act," on a 244-188 vote.  The bill is an economic stimulus package which includes $3 billion for the Edward J. Byrne Memorial Justice Assistance Grant (Byrne-JAG) Program and $1 billion for the Office of Community Oriented Policing Services (COPS).  The FOP strongly supports the funding for these two critical programs (see Item VI below).

The House considered S. 328, the "DTV Delay Act," under a suspension of the rules, thus requiring a two-thirds majority for passage.  The bill was defeated on a 258-168 vote after the FOP sent a letter to Congressional leadership expressing serious concerns with the impact delaying the digital transition would have on public safety communications systems.

The House considered and passed S. 181, the Lilly Ledbetter Fair Pay Act, on a 250-177 vote.  The bill was transmitted to the President and signed into law.  The Act is in response to a Supreme Court decision and will allow workers to file lawsuits against their employers for discrimination even if that discrimination was not discovered until years after it initially occurred, and will put the burden on employers to prove that pay discrepancies between women and men doing the same jobs are the result of non-discriminatory business considerations. 

Action in the Senate
The Senate began debate on its own economic stimulus package, S. 1, the "American Recovery and Reinvestment Act." Under the Senate bill, the Byrne-JAG program would receive $1.5 billion, the COPS Office would receive $1 billion, and an additional $1.45 billion would be distributed amongst other law enforcement assistance programs.

The Senate considered and passed S. 328, the "DTV Delay Act," by unanimous consent.  The bill was defeated in the House.

The Senate considered and passed S. 352, the "DTV Delay Act," by unanimous consent.  The legislation is a second attempt by the Senate to push the digital transition deadline back to June 2009.  The most recent bill has new language regarding analog broadcasters who voluntarily vacate their area of the spectrum, which could then be occupied by public safety.  The FOP is reviewing the new language and does not yet have a position on this bill, which has been transmitted to the House for further action.

Action in Senate Committees
The Committee on the Judiciary favorably reported the nomination of Eric H. Holder, Jr. to be the next Attorney General of the United States on a 17-2 vote.  The nomination will be considered by the full Senate next week.


III.  UPDATE ON FOP TOP LEGISLATIVE PRIORITIES

For the complete list of cosponsors for all of our top legislative priorities, or to find out if your Representative and Senators are cosponsors of specific bills, check out http://thomas.loc.gov .

(1)  Support H.R. 235, the "Social Security Fairness Act"
We added twenty-four (24) cosponsors to H.R. 235, bringing our current total to one hundred and thirty-three (133).  Please note that this total differs slightly from THOMAS, as we are not including in our count Delegate Madeleine Z. Bordallo (D-Guam), who has limited voting rights on the floor.
 
The Senate companion bill has not yet been introduced.

(2)  Opposing any legislation that would require the participation of public employees in Social Security
The FOP will continue to lobby against this scheme and oppose any legislation which would mandate participation in Social Security.


B.  Support H.R. 413, the "Public Safety Employer-Employee Cooperation Act"
This legislation, which would guarantee the right of public safety employees to bargain collectively with their employers over hours, wages and conditions of employment, was introduced by U.S. Representatives Dale Kildee (D-MI) and John J. Duncan, Jr. (R-TN) in the first week of Congress. 

The Senate companion bill has not yet been introduced.


C.  Support the "State and Local Law Enforcement Officers' Discipline, Accountability, and Due Process Act"
This legislation, a minimum level of procedural protections for law enforcement officers accused of administrative wrongdoing because of the gravity of potential harm to officers created by this lack of uniform safeguards, has not yet been introduced.  The National Legislative Office staff have met with our allies on this legislation to finalize its language and plan for its introduction.


IV.     UPDATE ON LEGISLATION AMENDING LEOSA
This legislation, which would improve certain provisions of the Law Enforcement Officers' Safety Act (LEOSA), especially with respect to retired law enforcement officers, has not yet been introduced.  Staff in the National Legislative have met with Senate Judiciary Committee staff to finalize bill language and plan for its introduction.
 

V.       Day on the Hill 2009: 23-25 February!!!
The F.O.P. Day on The Hill 2009 will begin on Monday, 23 February 2009.  The National Legislative Office and the National Legislative Committee will host a short briefing on our legislative agenda at the District of Columbia Lodge #1 at 711 4th Street, NW.  The briefing will take place on Monday afternoon and last approximately one hour.  Additional details will be forthcoming.

Tuesday and Wednesday, 24-25 February, will be devoted to your meetings with Members from your home States and districts.  These appointments should be made in advance!!!  Event participants should make every effort to have their Representative or Senator attend the meeting along with the appropriate staff person.

Accommodations for “Day on the Hill” Participants
The Grand Lodge has arranged for accommodations at the Marriott Key Bridge ( http://www.marriott.com/hotels/travel/waskb-key-bridge-marriott/ ) at the rate of $149 per night plus tax.

The Marriott Key Bridge is located at 1401 Lee Highway in Arlington, Virginia and is within walking distance of the Metro's Orange Line.

Make your reservations now by calling 703-524-6400 and tell them you are with the Grand Lodge Fraternal Order of Police's "Day on the Hill" event, or use Reference #: 1-V6FOFX to get this special rate.

This special rate is available only until 14 February--so make your reservations now!!!


VI.     FOP NEWS : House Passes Economic Stimulus Bill with Byrne-JAG and COPS Funding

Chuck Canterbury, National President of the Fraternal Order of Police, hailed news that the U.S. House of Representatives recently passed an economic stimulus package, which included $3 billion for the Edward J. Byrne Memorial Justice Assistance Grant (Byrne-JAG) program and $1 billion for the COPS hiring program.
 
“In this time of economic crisis, funding for State and local law enforcement has never been more vital to keep our streets safe,” Canterbury said.  “The FOP applauds the House of Representatives for funding these critical public safety programs.”
 
The Byrne-JAG program is the source of funding for a diverse range of law enforcement, prosecutorial, and other criminal justice initiatives in communities across the country. The program is used by State and local governments to fund multijurisdictional drug and gang task forces, cold case units, identity theft investigations, school violence prevention programs, services for threatened jurors, witness protection programs, and victims’ rights and hate crime programs. The COPS hiring program provides funding directly to State and local jurisdictions for the salaries and benefits of newly hired officers engaged in community policing.
 
The House bill, H.R. 1, now goes to the Senate for further consideration. The Senate’s bill, S. 1, was recently reported favorably by the Appropriations Committee and includes a total of $3.95 billion for law enforcement initiatives, including $1.5 billion which will go to the Byrne-JAG program and $1 billion to the COPS hiring program.
 
Senator Patrick Leahy (D-VT), the Chairman of the Committee on the Judiciary, played a key role to ensure that this funding was part of the Senate bill. Chairman Leahy recently noted that, “Victims of crime who are paralyzed by fear, victims of mortgage fraud, and businesses looking to law enforcement to curb crime and vandalism need our help.  We cannot stimulate our economy without protecting and preserving the safety and vitality of our local economies.”
 
Funding for Byrne-JAG and the COPS hiring program in this stimulus bill will also help to create jobs in our struggling economy. A study by the National Criminal Justice Association found that 75% of Byrne-JAG funding would go to job creation. This money could create positions for additional front line officers who are desperately needed to keep our streets secure. Jobs may also be created in the forensic criminalists and forensic science, Court administration, gang investigation, and crime analysis sectors.
 
“With both the COPS and Byrne-JAG program receiving funding in this package, law enforcement agencies will be able to provide two essential requirements this nation needs at this important time: job creation and safe streets,” Canterbury remarked. “I now urge the Senate to ensure that the Byrne-JAG program and COPS program funding remains a part of the final package.”
 
VII.    FOP NEWS: FOP’s Federal LEO Retirement Bill Introduced

Chuck Canterbury, National President of the Fraternal Order of Police, welcomed the introduction of H.R. 673, the “Law Enforcement Officers’ Equity Act,” describing passage of the bill a priority for the organization.

“Each and every day, tens of thousands of Federal law enforcement officers perform their duties anonymously and heroically in defense of our nation and its institutions,” Canterbury said.  “These officers are asked to face the same dangers and take the same risks as their State and local counterparts, and when one of them falls in the line of duty their names are also added to the National Law Enforcement Officers Memorial in Washington, D.C.  Despite this, nearly 30,000 of these brave men and women do not receive equal status with their Federal law enforcement colleagues under the pay and retirement laws of the government they so proudly serve.”

The legislation, introduced by Representatives Bob Filner (D-CA) and John M. McHugh (R-NY), would provide these brave Federal officers with 6 (c) benefits and the ability to retire after twenty (20) years of service at the age of fifty (50), or twenty-five (25) years of service at any age.  This is the same benefit currently received by most criminal investigators and Federal law enforcement officers in several agencies.  The legislation will also provide for savings in training costs, improve recruitment and retention of qualified officers, and enhance public safety.

Canterbury pledged the FOP’s strong support for H.R. 673, and said, “Representatives Filner and McHugh have been strong leaders on law enforcement issues during their tenure in Congress, and the ‘Law Enforcement Officers’ Equity Act’ is another example.  The legislation will provide equity to the thirty-eight Federal agencies that currently do not have 6 (c) benefits.  This is the right thing to do for all Federal law enforcement officers, who are usually the first line of defense against terrorist attacks.”


VIII.   FOP NEWS : FOP Applauds Recent Unanimous Supreme Court Ruling on "Stop and Frisk"
Chuck Canterbury, National President of the Fraternal Order of Police, welcomed news of the U.S. Supreme Court's decision in Arizona v. Johnson, which ruled that law enforcement officers have the discretion to frisk passengers in cars stopped for traffic violations if they believe their safety is at risk.

"I am pleased the Supreme Court of the United States chose to stand up for the safety of both the public and law enforcement officers. The Court correctly noted that traffic stops are extremely dangerous situations for officers. In fact, according to the FBI, traffic stop altercations are a leading cause of law enforcement officer fatalities," said Canterbury.

In writing the opinion for the Court, Justice Ginsburg reaffirmed an earlier ruling in Terry v. Ohio (1968), "Recognizing that a limited search of outer clothing for weapons serves to protect both the officer and the public, the Court held the pat down reasonable under the Fourth Amendment."

The decision in Arizona v. Johnson reversed a lower State court ruling that overturned a conviction because the suspect was searched as the passenger of a vehicle which had been pulled over for a traffic violation. The Court ruled that the officer had reasonable suspicion to believe the man was armed and dangerous, and so the pat down search was not a violation of the Fourth Amendment.

"Our members are encouraged to hear the Supreme Court is standing up for law enforcement officers," said Canterbury. "I applaud the Justices for affirming that law enforcement officers do not give up right to defend themselves when making a vehicle stop."

Retired Horry County officer shines on national stage	01/27/2009
A retired Horry County police officer testified before Congress last week, representing the only law enforcement organization asked to appear in support of attorney general nominee Eric Holder. But the national spotlight is nothing new for Myrtle Beach resident Chuck Canterbury, the national president of the Fraternal Order of Police. In the role that Canterbury has held since January 2003, he has testified before the U.S. Senate and House dozens of times, as well as served alongside some of the nation's top security advisers on the Homeland Security Advisory Council, he said. Canterbury is the first president of the police brotherhood elected from South Carolina, and he must seek re-election every two years. "As the largest police organization in the country, our favor is sought by a number of politicians," Canterbury said. "Eric Holder asked for our endorsement for his position as attorney general. "We did an exhaustive search of his background and record. We looked at previous service, we talked to him about his vision for the Justice Department...and we felt comfortable that the president had selected a good person to be attorney general." Canterbury, whose police career spanned 26 years, will now focus on obtaining stimulus funding for law enforcement and public safety departments. "We're working on a stimulus package for public safety," Canterbury said. "We're working diligently to get that money because state and local governments need money for law enforcement." But Canterbury, who travels about 200 days a year, also sits down with police officers to help with labor contracts and working conditions for the more than 327,000 members of the organization. In 1984, Canterbury helped start a Fraternal Order of Police branch in Horry County, and he served as the local president for 13 years. Horry County Police Chief Johnny Morgan, who worked with Canterbury during his 19 years with the department, said he is not surprised at Canterbury's success. "I'm extremely proud of him and his accomplishment for law enforcement and the FOP. He worked hard for this department and for Horry County," Morgan said. "Chuck is one of these type people who are an A-type personality, and he's always trying to improve things." Morgan said Canterbury secured the department's first bulletproof vests for officers. "Chuck has been and is a tremendous asset to this department," Morgan said. "He's going on to bigger and better things and he's represented Horry County very well throughout the country," Tonya Root. "Retired Horry County officer shines on national stage." Myrtlebeachonline. 1/27/2009. http://www.myrtlebeachonline.com/news/local/story/757615.html.

Eligibility Expanded for Steve Young Memorial Scholarships

Since 2004, the National Fraternal Order of Police has administrated the Steve Young Memorial Scholarship program, helping over 90 spouses of officers killed in the line of duty receive aid for education and job training. These scholarships have been available to spouses of all sworn law enforcement officers, regardless of agency or organizational affiliation. In the past, a spouse had only six months to apply for the scholarship—a time constraint that left many unready to make certain decisions about their future before the deadline. Recently, however, the FOP was able to earn a grant modification that extends the eligibility period to five years from the time of the officer’s death.

If you or someone you know might now be eligible for this scholarship, which awards up to $15,000 to be used for education, job training, and related materials, please contact Project Director Tom Curtin at (202) 547-8189 or via email at mailto:tcurtin@fop.net Visit the FOP website for more information about the scholarship program.

Supreme Court upholds traffic stop search

Howard Fischer, Capitol Media Services January 26, 2009 - 11:38AM

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Former FBI Director, FOP President, approve of Holder for A.G.

By Larry Margasak and Devlin Barrett
The Associated Press

WASHINGTON, D.C. — Former FBI Director Louis Freeh testified Friday that Eric Holder played a role in a "corrupt" pardon. The Fraternal Order of Police chief said "we abhor" the clemency Holder supported for 16 Puerto Rican militants.

Nevertheless, they believe Holder would make a great attorney general.

The testimony of Freeh and national FOP President Chuck Canterbury on Friday, at Holder's confirmation hearing, followed the strategy the attorney general-designate used himself the previous day:

Admit mistakes to take the bite out of Republican criticism. Then emphasize Holder's positives from his years as deputy attorney general under President Bill Clinton, the U.S. attorney for Washington, D.C., a judge and a public corruption prosecutor.

"The pardon of Mark Rich was a corrupt act," Freeh told the Senate Judiciary Committee, referring to Bill Clinton's pardon of the fugitive financier on his last day in office. "There is no other way that I could describe it. But it was not an act by Eric Holder."

Freeh, following Holder's lead, said the nominee's past mistakes were a learning experience that will make him a better attorney general. Holder had told the White House he was neutral - leaning toward favorable - on the pardon.

The strategy appears to be working, as Holder moved closer Friday to confirmation as the nation's first African-American to head the Justice Department. He picked up support Friday from a second Republican, Sen. Mel Martinez of Florida - a day after gaining the endorsement of Sen. Orrin Hatch, R-Utah.

No Republican has announced opposition to Holder, although Sen. Arlen Specter of Pennsylvania questioned his fitness for the job on Thursday and on Friday appeared to wonder why Freeh was backing Holder.

"You have come down harder on the characterizations of what Mr. Holder has done than anybody else in the hearing," Specter said. "You say that the Rich pardon was a corrupt act. You said it was a terrible mistake. He allowed himself to be used and co-opted.

"Pretty tough words," Specter summed up.

With the conclusion of the two-day hearing Friday, Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., set a vote next Wednesday on favorably recommending Holder to the full Senate. A confirmation vote could come before the end of the week. With the two Republicans, the Democrats - along with two independents - would have enough votes to stop a filibuster.

Freeh had vehemently opposed the pardon of Rich - who fled the country after he was charged with tax evasion, fraud, and trading with the enemy - Iran - when that country held U.S. diplomats as hostages.

Holder said he wasn't aware of Rich's ex-wife's large donations to the Democratic Party and the Clinton library.

Freeh strongly disagreed with Holder's recommendation that Clinton commute the sentences of 16 Puerto Rican nationalists whose organization - FALN - carried out bombings, robberies and murders.

The Holder strategists also knew that Canterbury, as the representative of police organizations, was upset about the FALN, the Spanish abbreviation for Armed Forces of National Liberation. Neither witness minced words in describing their feelings.

"Eric Holder made some terrible mistakes ... in allowing himself to be used and co-opted with respect to the facilitation of that (Rich) pardon. But he did not understand, he did not authorize, he certainly did not execute this pardon," Freeh said.

Freeh readily acknowledged he strongly disagreed with Holder's recommendation against naming an independent counsel to investigate Democratic fundraising abuses that reached into the White House.

"I couldn't think of a more compelling case to go to an independent prosecutor," Freeh said.

But he tempered the criticism, describing how Holder "went out of his way with me and the attorney general to say that, 'You know Louis has a different position, we have to respect that position,' and actually supported the fact that I was taking a different position."

The incident showed, Freeh said, "how I adjudge him to be willing and able to speak up and be independent."

Canterbury said of the FALN commutations, "We abhor the clemency that was granted. We thought it was wrong just like Director Freeh. We still think it was wrong."

The police official then said clemency "was a presidential issue and not his (Holder's) sole recommendation. We believe that he would be fair, and we look at it from the totality of circumstances in his career. And we feel comfortable, after an exhaustive review of his decisions as a judge and as a prosecutor."

Copyright 2009 The Associated Press

Federal Judge Rules in Favor of Andrew Thomas Program to Prosecute Illegal Immigrants for Smuggling Themselves

By Ray Stern in News

Wednesday, Jan. 14 2009 @ 10:06AM

Andrew Thomas and Joe Arpaio have won another round in their fight to bust illegal immigrants for smuggling themselves into the country.

As New Times reported previously, Thomas' interpretation of the state's human smuggling law -- that average Joses and Marias can be prosecuted on smuggling conspiracy charges -- have been upheld at the state court level.

Now a federal judge has ruled the plan is okay and dismissed a lawsuit against it by Somos America, something that could have the effect of putting pressure on the rest of Arizona's law enforcement agencies to lock up and deport even more illegal immigrants.

You can read this morning's news release from Thomas here, and the accompanying ruling here.

While a victory for Thomas, the folks who believe this will lead to a much-expanded sweep of illegal immigrants can keep dreaming. While legally permissible thus far, Thomas' program has also been very expensive, especially when considering the results are unknowable. That fact will probably make it easier for politicians who don't like to Thomas to reject his invitation to dance.

Tucson Region

Tucson police condemn use of photo of slain officer on punk album cover

By Alexis Huicochea

arizona Daily star

Tucson, Arizona | Published: 01.14.2009

http://www.interpunk.com/itemimages2/10600.gif

Police call the actions of a local punk-rock band disgraceful after they chose to use a photo of slain Officer Erik Hite to promote their music.

The album, titled "Kill a Cop for God," bears an Arizona Daily Star news photo that shows a wounded Hite lying on the ground with two officers administering aid.

Hite died after being shot by a gunman who led police on a crosstown chase last year.

The Star did not give the group, dubbed Awful Truth, permission to use the photo, Managing Editor Teri Hayt said.

"It's a violation of copyright, and we have not, and would not, give permission for this photo to be used in any way," Hayt said. "We have communicated with the band to take the necessary steps to get the image removed from sites that display and sell it."

A song on the album also pays tribute to "the cop killers" and mentions John Montenegro Cruz, who killed Tucson police Officer Patrick Hardesty in 2003, and David Delich, who is accused of killing Hite.

Awful Truth singer David Stine said the album was put out in December. Its cover was meant to be "dark humor," he said.

Stine said he does not apologize to anyone it may have offended.

"It's a pretty serious picture, and the topic itself is, too," he said. "It's really dark humor, and as much as anybody else, we don't particularly like cops, so we made a song about it."

Capt. Clayton Kidd, Tucson police chief of staff, said he did not find anything humorous about the way the photo was used.

"What part of an officer giving his life is humorous?" Kidd said. "I ask for the community's support in recognizing this is an absolute disgrace to Officer Hite, who gave his life defending our community.

"While they may have certain beliefs that they want to express, the venue in which they expressed it is disgusting, and I'm outraged."

Contact reporter Alexis Huicochea at 573-4242 or ahuicochea@azstarnet.com.

ER Docs Suspect Epidemic of Police Brutality

"Nearly 98% of emergency room physicians report that they believe some patients were victims of suspected excessive force by police, a national survey concludes. Yet most of the suspected incidents went unreported because no laws require physicians to alert authorities.

The survey of 315 physicians, contained in the Emergency Medicine Journal's January issue and based on 2002 data, is believed to be the first doctors' account of suspected police brutality, says H. Range Hutson, the lead author and assistant professor of emergency medicine at Harvard.

The responses were based on interactions with patients who were brought in by police or who said officers caused their injuries. Ninety-five percent of the doctors reported injuries caused by fists and feet. Hutson says the survey and analysis of findings were in the works for years.

National police groups challenged the survey, saying it would be hard for physicians to know if injuries resulted from excessive force if they were not present during the encounters.

Unlike cases of suspected domestic violence, elderly abuse and child abuse, which doctors must report to authorities, physicians are not required to notify anyone of suspected excessive force by police, Hutson says.

The report says the findings suggest national emergency medicine groups and police should develop guidelines for "this complex issue."

Criminal justice analysts say the survey represents an important new source of information.

"Excessive force is a huge issue," says Geoff Alpert, a criminologist at the University of South Carolina.

"This is another angle on excessive force that hasn't been looked at."

Hutson says the survey does not necessarily mean abuse is rampant.

Jim Pasco, executive director of the Fraternal Order of Police, the nation's largest police union, says ER doctors "have no way of knowing what amount of force was required" in encounters with suspects.

Jim McMahon, chief of staff for the International Association of Chiefs of Police, also questions how physicians would know if the "injuries constituted excessive force."

If doctors are concerned, he says, hospitals should establish policies for reporting the incidents to local agencies. "I would think that hospitals, from a liability standpoint, would have a policy to report it," he says.

Justice Department statistics show federal prosecutors are pursuing more abuse cases in which law enforcement officers allegedly used excessive force. Prosecutors filed 281 such cases from 2001 to 2007, up from 224 in the previous seven years.

"The fear among police is that any kind of reporting will go against them," says University of Pittsburgh law professor David Harris, who analyzes police behavior. "It's time to put that notion aside.""

State Troopers Will Go Easy on Motorists Who Violate New License Plate Law

By Ray Stern in News

Tuesday, Jan. 6 2009 @ 5:59PM

A new law allows authorities to pull over vehicles with license plate holders that cover the license plate's state name, but state troopers won't consider it a priority.

Harold Sanders, spokesman for the Arizona Department of Public Safety, says his agency won't use the law as a way to boost revenues for the state, and citations for violating the law are expected to be minimal.

Still, the change to Arizona's license plate legibility law went into effect this week, and violations could cost motorists a fine of up to $200. The law has caused consternation and confusion among state residents, and one lawmaker already wants it repealed. Some people think the state changed the law just to make money.

Only time will tell how Arizona law enforcement authorities handle the violations. Sanders estimates as many as 30 percent of vehicles on the road could be considered out of compliance.

Sanders says he'd be willing to bet that the number of citations issued in 2009 will be relatively low. In lieu of a ticket, troopers could issue written warnings or a no-penalty order to fix the problem.

Troopers are evaluated on "what type of activity they produce," Sanders says, and they wouldn't be doing their primary job if they wrote lots of these tickets. As usual, DPS officers will focus on stopping motorists for hazardous behavior that could produce a collision, he says.

"Our real purpose is education," he says. "We're looking for voluntary compliance."

The problem is that Arizona has so many different-looking specialty license plates, witnesses to crimes or collisions have problems identifying them, Sanders says. The new law mandates that the state name be visible at the top of the plate.

Fortunately, any monkey with a screwdriver should be able to remove a license plate holder.

In fact, it would take a police officer less time to remove a plate holder than to write a ticket. -- Ray Stern   

WASHINGTON - Fewer police officers died in the line of duty in 2008 compared with last year, reflecting better training and tactics, two law-enforcement support groups reported Sunday.

The findings reversed the trend for 2007 when there was a spike in police deaths, according to the National Law Enforcement Officers Memorial Fund and another group, Concerns of Police Survivors.

The groups reported fatalities through Sunday.

Officer deaths this year totaled 140, compared with 181 in 2007.

Gunfire deaths dropped to 41 officers this year, compared with 68 in 2007. The 2008 number represented the lowest total since 1956, when there were 35, and was far below the peak of 156 officers killed by gunfire in 1973.

Traffic-related deaths also declined, with 71 officers killed this year, compared with 83 in 2007. It was the 11th consecutive year that more officers were killed in traffic incidents than from any other cause.

More than 61 percent of this year's fatalities involved accidents and 39 percent resulted from criminal acts.

The only downside was deaths of female officers: 15 in 2008 compared with 6 a year ago. More female officers than before are in harm's way, the groups said, because they're taking on the same dangerous assignments as men.

Craig Floyd, chairman of the Memorial Fund, said in an interview that officers are getting better training and equipment.

More than 70 percent of policemen use bullet-resistant vests compared with fewer than half a decade ago, he said. And officers are making better use of Taser stun guns and other non-lethal weapons that keep them a safe distance from violent offenders, Floyd said.

To avoid traffic deaths, officers are better trained in high-speed and defensive driving techniques. Police vehicles now have better safety equipment, including side air bags and a substance installed near the gas tank to suppress fire when the vehicle is struck.

The states with the most deaths were Texas with 14, followed by California with 12, Florida and Pennsylvania with eight each. Arizona had four deaths.

Instead of the melodic jingles on the collars of reindeer or horses, Santa and Mrs. Claus arrived in north-central Phoenix to the sound of vroom, vroom, vroom.

On Saturday, a motorcycle-straddling Santa rode into the Fraternal Order of Police Lodge parking lot near 19th Avenue and Thunderbird Road to deliver toys to more than 275 Valley children.

Following the jolly old elf, 126 motorcycles, custom cars and trucks delivered toys for the Glendale-based non-profit Kids Camp USA. Not only did children receive a new Christmas gift, they went home with full tummies.

"It was a complete success," said Patrick Griffith, director of Kids Camp USA. "We had a great turnout. We had super support from all of the vendors. The restaurants came in with tons of food, and they donated every bit of it. It was incredible."

Because of the generosity of the community, Kids Camp USA also donated toys to 20 families through the Children's Advocacy Center in Sunnyslope. Volunteers will distribute additional toys to homeless children in central and south Phoenix on Christmas Eve, Griffith said.

Puttin' Sober, an alcohol-free motorcycle group that does charitable works, helped plan the event. Griffith said upcoming activities include a pool and pasta party in February and a 5K run in March.

Details: kidscampusa.org

Actor David Spade helps Phoenix police buy rifles

LOS ANGELES -- The Phoenix Police Department has gotten some high-powered goodies courtesy of actor David Spade.

The one-time Phoenix resident donated $100,000 so that the department can buy approximately 50 AR-15 rifles.

Spade said he wanted to make the donation after seeing a TV news report about Phoenix officers having to buy their own rifles. Spade grew up in the Phoenix area and graduated from Arizona State University.

Phoenix Police Sgt. Alan Hill says the rifles will be given to patrol officers and that the agency was grateful for the gifts.

"These guys need to be able to do their jobs and I am just happy I could help," Spade said in a statement released by his publicist.

Presidents Holiday Message

As President of both Arizona State Lodge Fraternal Order of Police (F.O.P.) as well as Mesa F.O.P.,  I am honored to serve as your leader in the largest and most prestige’s law enforcement organization in the City of Mesa and the State of Arizona. I would like to personally wish all of our members, employees, and their families a Very Merry Christmas and a Happy New Year. I hope all of you have time to be with your family and friends during the holidays. It is important to spend time during the holidays with those who love us, help us, and support us throughout the year and to let them know how much they really do mean to us. We must also reflect on our family and friends that are no longer here to share the holidays with us and remember all the times we had together. As long as they live in our memories they will never be forgotten.

During this holiday season please remember our members who are serving in the military and their families who will not be able to spend time together during the holidays, because they are serving our county and defending our freedom. As law enforcement employees we know all to well the sacrifices of not being able to be our families and friends on Christmas and the New Year, but our brothers and sisters who are serving in the military during the holidays this is the most difficult time of the year. Please remember them in your thoughts and prayers this holiday season and send them a message letting them know how much you care.

In closing I would like to thank each and every one of you for supporting the F.O.P. and I over the last year and I look forward to leading the F.O.P. to a new and brighter future for all of our members, employees, and their families. By working together the future is ours to make, mold, and shape and I look forward to a new and brighter future for all of us. Stay safe, were your vest, and enjoy the holidays.                    

Fraternally

Bryan G. Soller

President

Arizona Fraternal Order Of Police

Arizona F.O.P./ALC

Fight for injured dying members rights

Against the City of Youngtown

For those of you following the news stories concerning FOP member Ed Siemen,
you should know that the Youngtown mayor called a press conference today to
publicly apologize to Ed and to announce that the City of Youngtown is
offering to negotiate with the FOP attorney a satisfactory resolution to Ed
Siemen's situation.
 
The press conference was well attended by the media.  Almost all of the
local Phoenix TV stations were there, as were the print media.  The media
asked tough questions and demanded to know if the mayor was going to hold
those responsible for mismanaging Ed's retirement application. Frankly, I
think the Youngtown town manager and the police chief should be looking for
other employment opportunities.
 
The mayor announced that Ed's retirement application will be heard by the
local board tomorrow and the city is offering to "bridge the gap" in health
insurance coverage. 
 
Quite a change in the attitude - considering the city attorney just last
week said, "...the Town's position has not changed and will not change based
on threats of a "big, public fight..."
 
Yeah, right... It looks like the city attorney wasn't aware we have the best
PR firm in Arizona.  Frankly, I was GREATLY impressed by how our PR firm
brilliantly handled the media at the MAYOR'S press conference, turning the
mayor's mea culpa press conference into a support rally for Ed.
 
About half of the 12 Youngtown officers came to the press conference to
support Ed.  This was a brave and thoughtful gesture by the officers who
have been issued a written (unconstitutional) order that, "... all
communications with Officer Siemen regarding his illness must be
pre-authorized by the Town Manger or Police Chief... Any violations of this
directive may result in discipline up to and including termination..."
 
The Youngtown officers, to their credit, made a big impact by being there,
standing silently in uniform, to support Ed.  The Youngtown Chief of Police
did not appear to be a happy camper.  She didn't speak a word, clinching her
teeth, frowning through the press conference.  I got the impression she was
there only as window dressing - under orders to keep her mouth shut.
 
After the press conference, a few of the Youngtown officers asked for FOP
ALC applications. Later, they came back and asked for more applications for
the officers who could not be at the press conference.
 
I want to thank the all Arizona FOP members for supporting our PR firm
project.  While other organizations hire a PR firm just to produce glossy
recruitment posters, OUR PR firm goes the extra mile to protect members!!!
 
Also, I did notice that several; FOP members added comments in support of Ed
on many Internet blog sites and as comments to web news articles. To those
of you who go the extra mile in support of our members, thank you.  It does
make a difference.
 
Fraternally,
 
Jim Mann, Executive Director
Fraternal Order of Police
Arizona Labor Council
jcmann@fop.net
602-421-8759

FBI Releases 2007 Statistics on Law Enforcement Officers Killed and Assaulted

By Jim Kouri, 10/20/2008 8:56:32 AM

This report is based on material obtained by National Association of Chiefs of Police.

The FBI reported that 57 law enforcement officers were feloniously killed in the line of duty last year; 83 officers died in accidents while performing their official duties; and 59,201 officers suffered assaults while on duty. The 2007 edition of Law Enforcement Officers Killed and Assaulted released yesterday provides comprehensive tabular data about these incidents and brief narratives describing the fatal felonious attacks.

Felonious Deaths

The 57 felonious line-of-duty deaths took place during 51 separate incidents. The deaths occurred in 25 states and Puerto Rico. The number of officers feloniously killed in 2007 increased by nine compared with the 2006 figure (48 officers). A five-year comparison shows an increase of five line-of-duty deaths compared with data for 2003 (52 officers), and a decrease of four deaths compared with data for 1998 (61 officers).

Officer Profile: Among the officers who were feloniously killed, the average age was 37 years. The victim officers had served in law enforcement for an average of 10 years at the time of the fatal incidents. All of the slain officers were male; 47 officers were white.

Circumstances: Of the 57 officers feloniously killed, 16 of the slain officers were involved in arrest situations, 16 were ambushed, 11 were performing traffic stops, five were answering disturbance calls, and four were investigating suspicious persons or circumstances. Of the remaining five officers who were feloniously killed in the line of duty, three were in tactical situations (e.g., high-risk entry); one was performing investigative duties; and one had custody of a prisoner for transport.

Weapons: Offenders used firearms to kill 55 of the 57 victim officers. Of these 55 officers, 38 were slain with handguns, eight with rifles, and eight with shotguns. The type of firearm was not reported for one officer’s death. Two officers were killed with vehicles that were used as weapons.

Region: An analysis of the data by region showed that 31 of the felonious deaths occurred in the South, nine in the West, seven in the Northeast, and nine in the Midwest. One of the deaths took place in Puerto Rico.

Suspects: Law enforcnement agencies identified 62 alleged assailants in connection with the 57 felonious line-of-duty deaths. Fifty-eight of the assailants had prior criminal records, and 19 of them were under judicial supervision at the time of the felonious incidents.

Accidental Deaths

Eighty-three law enforcement officers were killed in accidents while performing their duties in 2007. Automobile accidents claimed the highest number (49) of accidental line-of-duty deaths.

Assaults

The Nation’s law enforcement agencies reported to the FBI’s Uniform Crime Reporting Program that 59,201 officers were assaulted while performing their duties. The largest percentage of victim officers (31.7 percent) were assaulted while responding to disturbance calls (family quarrels, bar fights, etc.). Assailants used personal weapons (hands, fists, feet, etc.) in 80.2 percent of the incidents, firearms in 3.7 percent of the incidents, and knives or other cutting instruments in 1.7 percent of the incidents. In 14.4 percent of the assaults, other types of weapons were used.

Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police and he's a staff writer for the New Media Alliance (thenma.org). His book Assume The Position is available at Amazon.Com. Kouri's own website is located at http://jimkouri.us

IRS Relents and Delays Implementation of New Rule on
“Normal Retirement Age”

Chuck Canterbury, National President of the Fraternal Order of Police, welcomed Friday’s news that the Internal Revenue Service (IRS) had delayed implementation of a new rule which would have impacted law enforcement officers by creating a new definition of “normal retirement age.”

“This news is not unexpected,” Canterbury said.  “We’ve been working in concert with other stakeholder groups since the rule was proposed and, just a few weeks ago, sent a letter to the IRS Commissioner outlining in very stark terms how this would hurt our nation’s law enforcement and other public safety officers.”

Defined benefit plans of State and local governments typically define their normal retirement age as the date or age when participants qualify for normal or unreduced retirement benefits under the plan.  Typically, this age is tied to years of service, usually ranging from 20 to 25 years.  The Federal government has never prohibited this practice for governmental pension plans.  In fact, the IRS routinely approved service-based normal retirement ages through the determination letter process.  However, the new rule would have required a pension plan’s normal retirement age to be an age that is “not earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed.”  For plans in which “substantially all” of the participants are public safety officers, the new “normal retirement age” would be 50. 

“Had this rule gone into effect, it would have had an immediate and certainly very negative impact on many individuals as well as pension plans, many of which are governed by State statute, State Constitution, or could be part of an existing labor contract,” Canterbury said.  “I am pleased that the IRS heard our concerns and took the first step of delaying the implementation of this new rule.  It is our aim to remove this provision entirely from the regulations.”

You can view a copy of IRS Notice 98-2008 on the FOP website.            
                          

The Service and Treasury intend to amend the 2007 final regulations to change the effective date for governmental plans to plan years beginning on or after January 1, 2011. Governmental plan sponsors may rely on this notice with respect to the extension until such time as the 2007 final regulations are so amended."

Remarks Prepared for Delivery by
U.S. Secretary of Labor Elaine L. Chao
Fraternal Order of Police California State Lodge Conference
Irvine, California
Tuesday, September 30, 2008

Thank you, President Canterbury for that introduction. Thank you for your leadership. You are a president who is always thinking about your members and working on their behalf. You also have an advocate in Jim Pasco [FOP National Executive Director] who is doing a great job for you in Washington. I want to thank Roger Mayberry [California State FOP Lodge President] and all of the members and delegates here for the opportunity to speak with you today.

In the last seven and a half years, it has been an honor for me to serve our country. I am especially proud of the close working relationship that the Department has developed with the Fraternal Order of Police.

This morning, I'd like to share some thoughts on the issues we have worked on together over the years and mention again, the debt of gratitude all Americans owe you and your members for the critical work you play in serving and protecting us every day.

In May of 2001, I was privileged to be the first Secretary of Labor to attend the National Peace Officers' Memorial. I have attended that very special ceremony every year since. This year, your president gave me the honor of being the keynote speaker, on behalf of President Bush. I was truly humbled by the experience and I thank you for allowing me that great privilege.

My experience joining you over the years, and especially this year, has helped me to appreciate and understand the code of duty, honor and sacrifice that make up the core values of our men and women in blue. The memorial service is a chance to meet with the families of those who have given their lives defending us at home. Comforting families as they honor their loved ones, mend their lives and move forward has been an unforgettable experience.

I am particularly proud that the Department of Labor, working with the FOP, could create such an important program as the Steve Young Memorial Scholarship. This scholarship is one way the Department has been able to make a direct, meaningful and positive impact on the lives of the families of fallen law enforcement officers. By offering tuition assistance and personalized employment services to spouses of fallen officers as they reenter the workforce, we have been able to help those families in their time of greatest need. Since the Scholarship's inception, the National Fraternal Order of Police Foundation has awarded 90 Steve Young Memorial Scholarships to help surviving spouses.

I am also pleased to say that the Department has extended the grant through June 2010. I hope that the close relationship between the Department and the FOP will continue for many years to come.

FOP members — and their families — make enormous sacrifices for their fellow citizens. Through these scholarships, spouses of fallen officers receive the assistance to help them get back on their feet financially. But, these courageous scholarship recipients also give something back. They are wonderful role models and show that even in the face of the most difficult challenge, there is always hope.

Many careers in our diverse economy attract determined professionals who are willing to give 100 percent of their effort. But only in a few professions are workers prepared to make the ultimate sacrifice in defense of the American people.

Law enforcement is not just a job, it is a calling: a calling that requires a strong sense of patriotism, a commitment to duty, and unquestionable integrity. In our society, law enforcement officers are a source of community trust and confidence. We live in a post-9/11 world, and that changing reality will continue to test our national character. As you all know very well, law enforcement officers experience the war on terror from a unique perspective.

Yet even in this post-9/11 world, dangers still lurk around every corner. Just last week in Washington, a police officer was shot during what the media has characterized as a "routine" traffic stop. Fortunately, his ballistic vest saved his life, but too many haven't been so fortunate. It's easy for those of us who aren't familiar with law enforcement to call what you do on a daily basis "routine." But I know, and you know, that in law enforcement nothing is ever "routine." You put your lives at risk every day — and that takes a special kind of person. As President Bush has said, when people are running away from danger, law enforcement officers are running towards it. And that takes the kind of personal courage and commitment to duty that has been the hallmark of policing since its founding days.

Law enforcement is hard work. You work long hours that test your bodies and your minds. That is why when the Department of Labor began the long overdue process of updating the nation's overtime rules, your needs were a priority. Thanks to the constructive engagement and close collaboration between the Department and the FOP, the right to overtime for police was clearly protected and strengthened — for the first time in U.S. history.

The effort to clear up ambiguities over who is entitled to overtime protections is ongoing. Last year, the Department of Labor filed an amicus brief in favor of police sergeants in New York City who were denied overtime. This is an example of how the Department will continue to seek overtime protections for those covered by the new regulations.

I am pleased that the Administration and the FOP are able to work together on other important issues fundamental to protecting the rights of union members. An example is the ongoing debate over the Employee Free Choice Act, or "Card Check". Card check threatens the fundamentally democratic tradition of the private ballot in union organizing elections. The card check proposal is an historic and drastic departure from the formality and sanctity of private ballot union elections as overseen by the National Labor Relations Board for the last 60 years. It is critical that we work together to ensure that workers' decision to join or not join a union is free from intimidation and coercion by either side. That right is protected by the private ballot.

This Administration has also been dedicated to improving occupational safety and health for all workers, including police officers. That's why I am pleased that a number of FOP members represent law enforcement on a variety of key Labor Department citizen advisory committees dedicated to improving occupational safety and health for workers.

America has many unique strengths. Key among them are our nation's democratic institutions, respect for the rule of law, transparency and accountability. And the dynamism and flexibility of our economy and workforce are the foundation of all that we are able to do in the world.

We all know that our economy has been going through a difficult period right now, especially these last two weeks as our financial markets work through some of the excesses of the past. And we all know that major regulatory changes — and other tools — will eventually be needed to address the excesses in the financial markets long term.

I want to assure all of you that the Administration is committed to working with Congress to resolve the immediate problems, and then work to fix the long-term challenges. We must ensure our economy continues to expand and remains a source of strength and stability for the entire world.

It is America's stability, our sense of optimism and the hope it creates that has made our country great. Some Americans tend to take this for granted. But many of us who immigrated to America appreciate just how precious it is. As law enforcement officers, you know firsthand how important security and stability are, because you fight the battle to preserve them everyday. You are the guarantors, the front line defenders, who make our way of life possible. You safeguard our homes and communities, keep the peace and help defend our country from those who would seek to do us harm.

So on behalf of a grateful nation, thank you very much for your sacrifice, your professionalism and your heroism. And thank you to the FOP, as well, for helping others recognize and appreciate what law enforcement officers do everyday to keep our country strong, safe and free.

Today the Treasury Department and IRS gave insurances that the new IRS ruling on normal retirement age for public safety being age 50 would be postponed. The National Fraternal Order of Police working with political allies, public sector organizations, pension representatives and public sector employer representatives in Washington have gotten the below listed insurances. National political influence of the Fraternal Order of Police was instrumental in getting this agreement.  This is the first step to ultimately change or eliminate this new IRS ruling.

"Treasury gave assurances that the normal retirement age regulations would in very short order be postponed for further review. IRS also stated it made some sense to consider delaying the determination letter deadline for governmental plans or move them to a
different cycle all together"

Public Plan Stakeholders Air Issues with New IRS

To: NASRA & NCTR Members

From: Jeannine Markoe Raymond and Leigh Snell

Re: Public Plan Stakeholders Air Issues with New IRS

Compliance Project, Treasury/IRS Provide Good News on Looming Regulatory

DeadlinesOn September 19, the House Ways and Means Committee brought together

officials from State and local government, the IRS, and the Treasury

Department, to have a roundtable discussion on establishing a federal

tax compliance structure for State and local government employee pension

plans. Representative Earl Pomeroy (D-ND), a long time supporter of

public plans and member of the Ways and Means Committee, chaired the

roundtable. Chairman Charles Rangel (D-NY) joined via conference call to

commend Rep. Pomeroy for bringing together such an impressive group of

experts on the very important issue of public employee pensions for what

he hoped would be a constructive dialogue. Staffs from numerous Ways and

Means member offices were also in attendance.

The primary goal of the roundtable was to discuss the IRS' initiative

to gather information on, and significantly increase its audits of,

governmental pension plans. House Ways and Means Committee members had

heard concerns from the public plans community that the IRS does not

have sufficient guidance in place for governmental plans in order to

begin such audits, has not adequately involved State and local

government officials in the process of establishing increased

enforcement in this area, and may be getting into areas outside its

jurisdiction. It was hoped the roundtable could provide a helpful venue

to share concerns and possibly break down misconceptions and distrust

between the Service and the public plan community.

Steve Miller, IRS commissioner of Tax Exempt and Government Entities,

began the dialogue by describing the IRS's interest in pursuing an

initiative to address government plans. He explained that although the

IRS does not know if there are problems with government plans, it is

estimated that roughly 2,600 defined benefit plans serve more than 18

million people and few of these plans voluntarily come to the IRS for a

check-up. Given the size and importance of this community, he stated it

is the responsibility of the IRS to ensure that government plans are

complying with the rules for which the IRS has jurisdiction.

Treasury Benefits Tax Counsel, W. Thomas Reeder, followed by stating

Treasury hoped to provide State and local government stakeholders more

opportunities for input in its current tri-agency effort with the Labor

Department, and the Pension Benefit Guaranty Corporation to provide

guidance on the definition of a "governmental plan" under tax code

Section 414(d). He made assurances that Treasury would be taking extra

steps to allow comments to be received from State and local government

stakeholders, including advance notice of proposed rulemaking to get

initial comments, followed by proposed regulations, and allow further

comments before the final regulations.

Representatives from the Governmental Accountability Office also

participated in the roundtable, to share their findings in studying

state and local government employee retirement system financing, benefit

protections and investing. The reports have generally found public plans

in good condition in these areas.

Officials from State and local government relayed their appreciation

for the roundtable and what they hoped would be the beginning of an

ongoing, constructive dialogue with federal officials. They outlined key

characteristics within the diverse public plan community, including

State and local governance processes, benefit protections (even in

extreme situations, such as municipal bankruptcy), public employee

representation and transparency in public plans, and the fact that IRS

regulation must accommodate both the inherent property rights with

regard to public plan benefits as well as the legislative process

required to make changes. It was hoped they could work cooperatively

with Treasury and IRS to establish clear and appropriate guidelines for

public plans prior to enforcement.

Commissioner Miller stated the IRS' strong desire to go forward with

plans to distribute a questionnaire, first to a pilot group of 20-25

plans, and then to a larger group of 200-300 plans. He promised the

questionnaire had been significantly altered from the original draft

shared with public plan representatives, which he admitted was "not

ready for prime time." While it was suggested by roundtable

participants and Congressman Pomeroy that the Service should get

feedback on the new draft before distributing, Miller stated IRS

strongly wished to get the questionnaire out to the pilot group and make

the new draft public and available for comment afterward. Participants

and Rep. Pomeroy strongly urged him to reconsider his approach and

specifically suggested a working group be formed.

IRS noted they already have advisory committees in place. Pomeroy

responded by saying the existing committees are apparently not providing

comfort to State and local stakeholders or the Ways and Means Committee

would not have felt the need to hold this Roundtable to clear the air.

Good News on Looming Regulatory Deadlines—While federal officials did

not give any definitive answers to suggestions that they replace their

current approach with a more collaborative and inclusive process, they

did provide very good news on two regulatory issues with pending

effective dates. Treasury gave assurances that the normal retirement age

regulations would in very short order be postponed for further review.

IRS also stated it made some sense to consider delaying the

determination letter deadline for governmental plans or move them to a

different cycle all together.

Public plan representatives hope to get any "official" news in

these important regulatory areas out as soon as possible. In addition,

they have been asked to formulate an outline for initiating a

collaborative and inclusive process – first on the questionnaire, and

ultimately, hopefully, on needed Treasury guidance that should run in

tandem.

In addition to the Ways and Means members and staff, the following

individuals attended the Roundtable:

Panelists

The Honorable Nancy K. Kopp, Treasurer, State of Maryland

W. Daniel Ebersole, Director, Georgia Office of Treasury and Fiscal

Services

Melvyn Aaronson, Treasurer, United Federation of Teachers

Dana K. Bilyeu, Executive Officer, Public Employees' Retirement System

of Nevada

Gary W. Findlay, Executive Director, Missouri State Employees'

Retirement System

Thomas K. Lee, Executive Director, New York State Teachers'

Retirement System

Peter H. Mixon, General Counsel, California Public Employees'

Retirement System

Steven T. Miller, Commissioner, Tax Exempt and Government Entities,

Internal Revenue Service

Michael Julianelle, Director, Employee Plans (TE/GE), Internal Revenue

Service

Rhonda Migdail, Tax Law Specialist (TE/GE), Internal Revenue Service

Pam Kinard, Assistant Branch Chief, Qualified Plans Branch 2, Internal

Revenue Service

Barbara Bovbjerg, Director, Education, Workforce, and Income Security,

Government Accountability Office

Tom Reeder, Benefits Tax Counsel, Department of Treasury

Bill Bortz, Assistant Benefits Tax Counsel, Department of Treasury

Robert D. Klausner, Principal, Klausner & Kaufman, P.A.

Robert A. Blum, Partner, Hanson Bridget

Attendees

Bill Keller, Assistant Director, Education, Workforce and Income

Security, GAO

Eric Stanchfield, Executive Director, District of Columbia Retirement

Board

Lou Leslie, Attorney, Internal Revenue Service

Floyd Williams, National Director of Legislative Affairs, Internal

Revenue Service

Joseph Grant, Deputy Commissioner, Tax Exempt and Government Entities,

Internal Revenue Service

Lance Kjeldgaard, Chief Counsel, San Bernardino,County Employees

Retirement Association

Patrick McElligott, President, Tacoma Professional Fire Fighters Local

#31

Cornelia Chebinou, National Association of State Auditors Comptrollers

and Treasurers

Bill Cunningham, American Federation of Teachers

Diana Hinton Noel, National Conference of State Legislatures

Gerri Madrid-Davis, National Public Pension Coalition

Mark Warner, Deputy Assistant of Legislative Affairs, Department of

Treasury

Gus Fields, Counsel, Strasburger & Price, LLP

Mary B. Hevener, Baker & McKenzie LLP

BarrieTabin Berger, Government Finance Officers Association, Employee

Association

Hank Kim, Executive Director and Counsel, Public Employee Retirement

Systems

Thomas R. Lussier, President, Lussier, Gregor, Vienna & Associates

Susan White, National Association of Government Defined Contribution

Administrators

Jeannine Markoe Raymond, NASRA

Leigh Snell, NCTR

Arizona State F.O.P. Response to

Dale Norris's

Misleading and Defamatory Commentaries

In the March 2008 PLEA Recap, A.P.A. Executive Director Dale Norris published one of the most misleading and defamatory commentaries we have ever seen.  As we have been forced to do in the past, we must again respond with the truth.

Norris neglected to check with the Fraternal Order of Police to verify the facts relating to the prosecution of Border Patrol Agent Nick Corbett or on the participation of Lee Rappleyea as an investigator for the state.  Mr. Rappleyea, a distinguished, retired Phoenix Police Department detective and former chief investigator at the Arizona Attorney Generals Office, does not work for the F.O.P. nor does his work in the Corbett case have anything to do with the F.O.P. 

Even in the face of these defamatory comments by Norris, the Arizona Fraternal Order of Police has no connection whatsoever with the Corbett prosecution.  In fact, neither does PLEA or Dale Norris.  Norris only claims knowledge of the case from a website posting!  As usual, Norris’ effort is just shameless usage of a very serious and controversial matter in an effort to recruit for the A.P.A. and to bash the F.O.P.

As a result of this article, we have looked into the public record of the case.  We suggest all who are truly concerned with justice do the same.  You will find that Norris has once again not done his homework.  To label this “a shameless prosecution” and “a war on a law officer” and to describe the work of Rappleyea and Woods as “traitorous to the profession” ignores compelling exculpatory evidence that exists in this case.  The Corbett case is not about police unions.  To use it in that fashion cheapens the work of all law enforcement officers in this state.

It is a shame that Norris is wasting his time trying to slander the F.O.P. instead of presenting the best possible defense for one of his members.  It looks to me like he is trying to deflect the blame of poor representation by trying to drag the F.O.P. into this.  Mr. Norris, you would be wiser to expend your time and energy ensuring that Agent Nick Corbett is given the best defense possible rather then trying to make other entities responsible for your short comings in this case.  Corbett’s life and career are on the line, and all you can do is blame the F.O.P. who has had nothing to do with this case.  I’m very disappointed that you would even dare to use this case for your own personnel gain.  Mr. Norris never asked the F.O.P. about this case even as he stood just a few feet away from me at the democratic dinner in Phoenix; you didn’t even have the fortitude to verify facts but instead wrote this shameful, untruthful article.      

The Arizona Fraternal Order of Police has not, and will not use Agent Nick Corbett’s situation, or any other similar situation, to evoke an emotional response for recruiting purposes.  Agent Corbett’s future is on the line.  

Fraternally,

Bryan G. Soller

Bryan G. Soller

President

 
In This Week’s Edition
 
I.      This Week in Congress
II.     Update on FOP Top Legislative Priorities
III.    Update on LEOSA
IV.     Other Legislative News

I.   THIS WEEK IN CONGRESS

The House and Senate were both in session this week.  The House then went into recess on Friday and will reconvene on Monday 31 March.  The Senate went into recess on Thursday, but is expected to briefly convene every few days to prevent President Bush from making any recess appointments.  The Senate will return in regular order on 31 March.  For this reason, there will be no Weekly Update until Friday, 4 April.

Action in the House
The House considered and adopted its budget, H. Con. Res 312, on a 212-207 vote.

The House attempted and failed to override the Presidential veto of H.R. 2082, the "Intelligence Authorization Act," on a 225-118 vote.

The House considered and passed H.R. 3361, legislation making technical corrections to the Pension Protection Act of 2006, by voice vote.

The House considered H.R. 3773, the "Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective (RESTORE) Act," and may hold a final vote on the measure today before going into recess.  The bill was amended by the Senate and returned to the House, which made further changes to the bill.  The version of the bill which may be voted on by the House today does not include a provision supported by the FOP that would grant immunity to telecommunications companies that cooperated with the Federal government after the terrorist attacks of 2001.

Action in the Senate
The Senate considered and adopted its budget resolution, S. Con. Res 70, on a 51-44 vote.  The budget resolution includes $906 million for the Edward G. Byrne Memorial Justice Assistance Grant (Byrne JAG) programs as well as an additional $599 million for the Office of Community Oriented Policing Services (COPS).

The Senate considered and passed H.R. 1593, the "Second Chance Act," by unanimous consent.  The bill, which the FOP supports, aims to reduce the level of recidivism of offenders who are released from prison. 

II.  UPDATE ON FOP TOP LEGISLATIVE PRIORITIES

For the complete list of cosponsors for all of our top legislative priorities, or to find out if your Representative and Senators are cosponsors of specific bills, check out http://thomas.loc.gov/ .
 
A.  SOCIAL SECURITY ISSUES:

(1)  Support H.R. 82/S. 206, the "Social Security Fairness Act"

We added two (2) new cosponsors to H.R. 82, bringing our current total to three hundred thirty (330)--more than seventy-five percent (75%) of the House.  Please note that this total differs slightly from THOMAS, as we are not including in our count Delegates Madeleine Z. Bordallo (D-Guam), Donna M. Christensen (D-VI), Luis Fortuno (R-PR), and Eleanor Holmes Norton (D-DC), who have limited voting rights on the floor.  We are also not including Representatives Julia Carson (D-IN), Paul Gillmor (R-OH), Tom Lantos (D-CA), Juanita Millender-McDonald (D-CA), or Charlie Norwood (R-GA), all of whom have died this year.  Similarly, Representatives Bobby Jindal (R-LA) and Martin Meehan (D-MA), who resigned their seats, are also not included in our count.

In January, National President Chuck Canterbury sent a letter to the Chairman of the Social Security Subcommittee, Representative Michael R. McNulty (D-NY), urging him to take action on the bill.  Chairman McNulty has not yet replied.

That letter can be found here: http://www.fop.net/publications/archives/letters/2008_0108.pdf

We have thirty-five (35) cosponsors on S. 206.

The National Legislative Office has identified fifteen (15) Members from ten (10) States which had previously cosponsored this bill in the 109th Congress.  A list of these Members has been forwarded to the National Legislative Committee, who will in turn distribute it to the State Legislative Contacts and leaders in the appropriate States.

(2)  Opposing any legislation that would require the participation of public employees in Social Security
This issue was discussed in both hearings mentioned above.  While no legislation has been introduced with a provision that would mandate the inclusion in Social Security of public employees currently not in the system, the FOP included in its testimony to the Subcommittee our strong opposition to such a scheme.

B.  Support H.R. 980/S. 2123, the "Public Safety Employer-Employee Cooperation Act"
On 17 July, the U.S. House of Representatives considered and passed H.R. 980 under a suspension of the rules on a 314-97 vote.  The result of that vote, Roll Call #633, can be viewed here:  http://clerk.house.gov/evs/2007/roll633.xml The bill was transmitted to the Senate for further action.

Prior to the end of the session, S. 2123 was offered as an amendment to H.R. 2914, the "Farm, Nutrition, and Bioenergy Act," but it was withdrawn after we concluded that we did not have enough votes to pass it because of the absence of five to six Senators that would have voted in its favor.  See the FAQ on the Grand Lodge website for additional details.

We added two cosponsors, Senators Bingman (D-NM) and Boxer (D-CA), to S. 2123.  This brings our total to thirty (30) cosponsors.

The FOP has posted a Frequently Asked Questions (FAQ) document about the legislation in our website, which can be found here: http://www.fop.net/legislative/issues/bargain/hr980faq.pdf

C.  Support H.R. 688/S. 449, the "State and Local Law Enforcement Officers' Discipline, Accountability, and Due Process Act"

We added eight (8) cosponsors to H.R. 688 this week, no doubt due to the activity of our Day on the Hill participants.  This brings our current total to forty-seven (47).  Please note that this total differs slightly from THOMAS, as we are not including Representative Jo Ann Davis (R-VA), who recently died.

We currently have five (5) cosponsors on S. 449.

III.    UPDATE ON LEGISLATION AMENDING LEOSA

We currently have fourteen (14) cosponsors on H.R. 2726.  The bill was the subject of a hearing before the House Subcommittee on Crime, Terrorism, and Homeland Security in early September.  The testimony offered at that hearing by National Treasurer Tom Penoza can be found on the FOP website.

The Senate bill, S. 376, which was favorably reported by the Committee on the Judiciary in May, has nine (9) cosponsors.

The language in S. 376 and H.R. 2726 would improve certain provisions of the Law Enforcement Officers' Safety Act (LEOSA), especially with respect to retired law enforcement officers.  The legislation would also make clear that law enforcement officers employed by the Amtrak Police Department and the executive branch of the Federal Government who are classified as a GS-0083 meet the definition of "qualified law enforcement officer" in the LEOSA.  The Senate 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.

IV.     OTHER LEGISLATIVE ACTIVITY

Executive Director Jim Pasco attended a fundraising event hosted by Senator Joseph R. Biden, Jr. (D-DE).

Senior Legislative Liaison Tim Richardson met with the legislative director and chief counsel of Senator Elizabeth Dole regarding S. 2123.  The Senator recently announced that she intends to break her promise to the FOP regarding any cloture vote on S. 2123.

Senior Legislative Liaison Richardson chaired a meeting of the FOP's Working Group on Law Enforcement Personal Protective Equipment (LE - PPE).
 
The National Legislative Office welcomes its newest staff member, Jon Gentile, who will be handling the NFOP PAC as well as legislative issues.

Arizona State F.O.P. Presidents
Attends
National F.O.P. Week on the Hill

Over the week of February 25 through the 28, 2008 Arizona F.O.P. Legislative Chairman Jim Mann and I attended the National F.O.P. annual National legislative week at the U.S. Capital. During this week Jim and I meet with all of our Arizona National Representatives and Senators on National, State, and Local law enforcement issues.  Below are top three issues for the National F.O.P. for the 110th Congress that Jim and I spoke on to our Representatives and Senators.

Top National F.O.P. Legislative Priorities for the 110th Congress

I. Social Security Issues 

A. Support H.R. 82/S. 206, the "Social Security Fairness Act"

The FOP strongly supports legislation to restore full Social Security benefits for law enforcement officers by repealing both the "Windfall Elimination Provision" (WEP) and the "Government Pension Offset" (GPO).

B. Opposing any legislation that would require the participation of public employees in Social Security

The FOP also vehemently opposes legislation which would mandate participation in Social Security for current or newly hired public employees who participate in their own retirement systems and do not pay into Social Security.

II. Support H.R. 980/S. 2123, the "Public Safety Employer-Employee Cooperation Act"

The FOP strongly supports this legislation, which would guarantee the right of public employees to bargain collectively with their employers over hours, wages and conditions of employment. The bill mandates that each State pass laws providing minimum collective bargaining rights to their public safety employees and outlines certain provisions to be included in those laws. Strikes and lockouts are prohibited by the bill and States with collective bargaining laws already on the books will be exempt from the Federal statute.

III. Support H.R. 688/S. 449, the "State and Local Law Enforcement Officers' Discipline, Accountability and Due Process Act"

The FOP strongly supports a "bill of rights" for law enforcement officers who are, in a number of jurisdictions, denied their due process rights by police administrators and management in noncriminal proceedings. There is a need for a minimum level of procedural protections for law enforcement officers accused of administrative wrongdoing because of the gravity of potential harm to officers created by this lack of uniform safeguards.   

Jim and I also discussed illegal immigration and border control. We discussed state, county and local law enforcement role in the fight against illegal immigration. We explained how the lack of funding, training, legal protections, and manpower that most agencies are facing would affect state, county, and local law enforcement role in illegal immigration enforcement.  We explained that a majority of the violent criminal crime being committed by illegal immigrants is being committed by previously deported criminal illegal immigrants. We addressed the need to seal the boarder to stop the revolving door at our borders.  Within days of deporting these criminal illegal immigrants we are finding them back on our streets mocking our justice system.  I explained that before state, county, and local law enforcement agencies are brought into the fight against illegal immigration we must first stop the unrestricted flow of immigrants crossing our borders at will.

We also addressed the need to provide funding to our law enforcement agencies. These funds are needed to help us deal with crimes being committed in our state and communities by the influx of criminal illegal immigrants committing crimes (drop houses, kidnapping, drug dealing, vehicle theft, murder, and various other crimes).  We explained that the National Government has consistently cut funding programs like Community Policing and Byrne & JAG grants. We asked that they fund these programs to help local law enforcement agencies. We spoke about the local law enforcement officer’s role as a first responder and how theses funding cuts are affecting local law enforcements ability to deal not only with criminal activity, but also the illegal immigration and Home Land Security issues. We reminded our Representatives and Senators that the American citizen’s number one priority is the safety of their families, neighborhoods, and communities.  Local law enforcement is the first line of defense, but the Federal Government continues to cut our funding that allows agencies to hire, train, and protect these local communities. We asked all of our Representatives and Senators to bring back funding for State, County, and local law enforcement agencies.

Finally, I addressed the aftermarket coating of real handguns and rifles making them look like toys. I advised all of our U. S. Representatives and Senators that the National F.O.P.  President Chuck Canterbury is working with ATF on this issue. The National F.O.P. is looking at what options the F.O.P. has at its disposal to address this issue.  I am also working with the Arizona Chiefs of Police in addressing this issue within Arizona. This issue is a real safety issue for our law enforcement officers who might come up against one of these colors coated firearms. These guns could cause and officer to hesitate which could lead to an officer being shot or cause the officer to react in which case an innocent child or person could be shot.  These coatings also make these real guns more attractive to children who will be even more drawn to these guns making it more likely they will think it’s a toy which could lead to a tragic event. As we all know many gun owners do not take the necessary precautions in securing their firearms they have now. These new colored coated guns with known children logos on them if left unsecured will get the attention of children and untrained adults, which could lead to an accidental discharge and injury or death.   We will keep you informed on all of these and any other law enforcement issues as we continue to represent you our members.               

Arizona Fraternal Order of Police
Addresses the
National Fraternal Order of Police
on Serious Law Enforcement Safety Issues.

As your Arizona State Fraternal Order of Police President and member of the National F.O.P. Safety and Technology Committee, I attended the National F.O.P. Presidents and National Board meeting in San Antonio Texas. During this meeting the Arizona State Lodge addressed several issues. I addressed the aftermarket coating of real handguns and rifles making them look like toys. National F.O.P.  President Chuck Canterbury is working with ATF on this issue and looking at what options the F.O.P. has to address this issue.  I am also working with the Arizona Chiefs of Police in addressing this issue within Arizona. This issue is a real safety issue for our law enforcement officers who might come up against one of these colors coated firearms. These guns could cause and officer to hesitate which could lead to an officer being shot or cause the officer to react in which case an innocent child or person could be shot. 

These coatings also make these real guns more attractive to children who will be even more drawn to these guns making it more likely they will think it’s a toy which could lead to a tragic event. As we all know many gun owners do not take the necessary precautions in securing their firearms they have now. These new colored coated guns with known children logos on them if left unsecured will get the attention of children and untrained adults, which could lead to an accidental discharge and injury or death.  Your Arizona State F.O.P. has taken a proactive role in addressing this issue not only in Arizona but also on the National level as well.

We also brought forth a problem with Glock model 21 (45 cal) handgun that the Mesa Police Department found during their last quarterly shoot.  The problem is in the trigger bar. The trigger bar in the effective model 21’s is shorter and has a part number of 4256.  This trigger bar was in all of our Glock 21s we purchased in 2005 having a serial number starting with "GUE."  When Mesa called Glock, they verified with them the trigger bar should have part number 4256-1.  This affected approximately 120 pistols owned by MPD and assigned to Officers.  Glock agreed to ship them the replacement trigger bars with part number 4256-1.

When Mesa range officers called other Valley Police Agencies, none of their range staff were aware of the potential problem.  To our knowledge, no technical bulletins have been sent out to Valley Police Agencies advising to be aware of this potential problem with Glock 21 trigger bars.  It is unknown at this time if Mesa PD just happened to get a bad batch of guns starting with this serial number "GUE," and the wrong part was placed into the gun during assembly in 2005, or if Glock later identified the problem in 2006 and updated all their newer weapons with an updated trigger bar having part number 4256-1.  In any event, none of our range staff ever
received a technical bulletin advising of the problem.

All of Mesa’s newer Glock 21s that have a serial number starting in "KKV" have the correct trigger bar part number, 4256-1. MPD only had approximately five Glock 21s in this series that were purchase in 2006 from Glock. The National F.O.P. will be contacting Glock to address this officer safety issue and insure all law enforcement agencies are notified about this problem with the Glock 21s.

 
Finally, I addressed the National F.O.P. about the RateMyCop.com web site. This web site has a map of the United States were you click on your state and it pulls up a list of law enforcement agencies in that state. You then can click on the agency and get a list of officer’s names and ID numbers. This site then allows you to write comments and grade those officer’s listed. One of the biggest concerns is the listing of names of undercover officer’s names and ID’s. The owner of the site states that they will not post the names or ID’s, of undercover officers, but there is no way for them to know who is undercover or not. It also does not take into consideration of officers’ or detectives’ that someday might move into an undercover position. This is truly another officer safety issue that the National F.O.P. will be looking into and trying to work out a resolution to this issue on the National level. The Arizona F.O.P. will also be working on the state level to address this issue. We will keep you informed on these important law enforcement issues.       

The Arizona State Fraternal Order of Police Associates is a nonprofit fraternal organization which donates to numerous charities annually. The Associates are comprised of civilian members of law enforcement agencies and citizens of the community who are dedicated to the men and women of the Fraternal Order of Police who protect us day in and day out. Each year, the Associate State Lodge offers a scholarship up to $500.00 for children or grandchildren of Fraternal Order of Police members, Auxiliary and Associate members.

Requirements and Application Process:

• The applicant must be a child or grandchild of a Fraternal Order of Police,Auxiliary or Associate member in good standing.
• The applicant must maintain a 2.5 or above grade point average.
• The applicant must not have failed any classes.
• The applicant must submit a minimum 500 word essay containing information on ambitions and goals.
• The applicant must be a full time student with a minimum class load of twelve (12) hours.
• An applicant who has already been awarded a scholarship from the Fraternal Order of Police Associates may not apply for a second scholarship.
• Complete the Application.  Click Here...
• Applications must be received by the Scholarship Committee Chair no later than April 30, 2008.

Chuck Canterbury, National President of the Fraternal Order of Police, hailed the introduction of S. 2123, the "Public Safety Employer-Employee Cooperation Act," describing it as one of the top priorities for the organization.

"Public safety employees—police officers and firefighters—are virtually the only class of workers left in the nation today who are denied the fundamental right to bargain collectively with their employers over wages, hours, and working conditions," said Canterbury.

The bill was introduced yesterday by Senator Judd Gregg (R-NH) and Edward M. Kennedy (D-MA), the Chairman of the Senate Committee on Health, Education, Labor and Pensions (HELP). In addition to Senator Kennedy, there were nineteen other cosponsors—eight (8) Democrats, nine (9) Republicans, and two (2) independents. The legislation, which is the companion measure to H.R. 980 that passed the House of Representatives by an overwhelming 314-97 vote, recognizes the right of public safety employees to form and join unions, and bargain collectively with their employers. States with collective bargaining statutes will be exempt, and strikes and lockouts will be prohibited under the provisions of the bill.

"Law enforcement officers take their sworn oaths and their commitment to the protection of the public very seriously," Canterbury said. "We do not engage in work stoppages or slowdowns. Threats to public safety are not used as bargaining chips by police or firefighters. But without collective bargaining rights, these critical employees—these dedicated men and women—have no avenue to influence important decisions affecting their jobs and livelihoods. That's just not right."

Canterbury pledged the strong support of the FOP for the legislation, saying, "The 'Public Safety Employer-Employee Cooperation Act' will put police officers and firefighters on an equal footing with other employees—they'll finally be able to bargain collectively for wages, hours, and conditions of employment."

Frequently Asked Questions (FAQs) About H.R. 980/S. 2123

The Fraternal Order of Police is the largest law enforcement labor organization in the United States, with more than 325,000 members.

The 58th Annual National Fraternal Order of Police conference - Kentucky International Convention Center.

More than 6,500 delegates, plus their families, attended the 3-day event. 
U.S. Senator Mitch McConnell talked to the group about a proposed Officer’s Bill of Rights he hopes will soon become law. Also, U.S. Secretary of Labor, Elaine Chow spoke to the delegates about many current and future labor issues. 

“Anyone who puts themselves in the line of fire every day deserves the benefit of the doubt,” McConnell said. “That’s why we need to make sure our brave men and women in law enforcement get the due process protections that they deserve when acting in good faith.”

More than 200 exhibitors are also attending the conference, showcasing the latest products, services and technologies now available for law enforcement officers.

FOP's Collective Bargaining Bill Passes US House!

Chuck Canterbury, National President of the Fraternal Order of Police, hailed today's passage of H.R. 980, the "Public Employee-Employer Cooperation Act," on a 314-97 vote in the U.S. House of Representatives. 

"The FOP and our friends at the International Association of Fire Fighters have been working to pass this legislation for more than a decade," Canterbury said.  "Because of our joint efforts and our bipartisan approach, we scored a tremendous victory this afternoon.  Together, we'll work to get it through the Senate and then onto the President's desk."

The legislation, introduced jointly by Representatives Dale Kildee (D-MI) and John J. Duncan, Jr. (R-TN), would recognize the right of public safety employees to bargain collectively over hours, wages, and working conditions.  The legislation currently has two hundred and seventy-eight (278) cosponsors, more than a majority of the House.  The bill was favorably reported by the Committee Education and Labor in June on a 42-1 vote.

"As law enforcement officers, we take our oath and commitment to protect and serve very seriously," Canterbury said.  "Public safety occupations are unique, and their labor relations need to reflect that.  Ours is not the traditional labor-management relationship.  In our line of work, the bottom line is the safety of the public and of the officer."

The legislation now goes to the Senate for further consideration.

The Fraternal Order of Police is the largest law enforcement labor organization in the United States, with more than 325,000 members.

States short on fish, game wardens

By DAN NEPHIN, Associated Press

PITTSBURGH - Fish and wildlife departments around the country are on the hunt — for more wardens.

"I think the nefarious people realize there‘s a good chance they‘re not going to get caught and are taking more opportunities," said Nancy Foley, chief of the law enforcement division of California‘s Department of Fish and Game.

The danger of the job and declining interest in outdoor activities may also be to blame for shortages, officials say. But mostly, it‘s the pay, often thousands less than traditional police officers make.

"To think a conservation officer is any less important than a state police officer ... they‘re not thinking about it in the right way," said Col. Julie Jones, director of law enforcement for the Florida Fish and Wildlife Conservation Commission and president of the National Association of Conservation Law Enforcement Chiefs.

In Pennsylvania, where the Fish and Boat Commission operates with about a half-dozen vacancies in its complement of 80 field officers, starting annual pay for officers is about $9,000 less than for state troopers, said Thomas J. Kamerzel, director of law enforcement for the commission.

Pennsylvania‘s game wardens recently switched from the American Federation of State, County and Municipal Employees union to the Fraternal Order of Police in hopes of obtaining a salary and retirement benefits comparable to those of state police, said Brian Witherite, a Wildlife Conservation Officer in southwestern Pennsylvania.

And game wardens patrol people who are frequently armed — hunters — in vast expanses of wilderness. Statistics show a warden is about 2.5 times more likely to be assaulted with a deadly weapon than are other officers, said Rob Buonamici, chief game warden for the Nevada Department of Wildlife.

"The Game Commission isn‘t really a career," said Wildlife Conservation Officer Gary Toward, who covers about 600 square miles in western Pennsylvania. "It‘s more a lifestyle."

© 2007 The Associated Press. All rights reserved.

    WASHINGTON, June 26 /PRNewswire-USNewswire/ -- Chuck Canterbury, National President of the Fraternal Order of Police, welcomed today's announcement that the United States has filed a False Claims Act lawsuit against Toyobo Co. Ltd. of Japan and its American subsidiary, Toyobo America Inc., for their roles in the manufacture and sale of defective Zylon(R) bullet-proof vests to U.S., State, local and tribal law enforcement agencies.

    "This company allowed its material, Zylon, to be used to make soft body armor without making the law enforcement officers aware of its deficiencies," Canterbury said. "They not only defrauded the agencies which purchased these vests, they put the lives of men and women at risk."

    The lawsuit, which was announced today, is the direct result of the
ongoing investigations by the Civil Division of the U.S. Department of Justice and other Federal components after the FOP brought the issue to the attention of then-U.S. Attorney General John D. Ashcroft and other high-level officials at the Department. In 2003, the FOP learned that a police officer in Forest Hills, Pennsylvania was seriously wounded because his body armor failed to protect him from a bullet that the vest was rated to stop. It was the first verifiable incident in which soft body armor failed to prevent penetration from a bullet it was designed to defeat.

    "There was a real sense of foreboding when that vest failed because so many law enforcement officers were using ballistic-resistant vests containing the material," Canterbury said. "The speed at which General Ashcroft and the department moved to address the issue was commendable, and I am very pleased to hear that the Department is going after this company in court."

    The Fraternal Order of Police is the largest law enforcement labor organization in the United States, with more than 325,000 members.

Congressional Record Excerpt > May 9, 2007
DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2008
The United States House of Representatives

May 9, 2007

Rep. Charles Dent [R-PA]: Mr. Chairman, I rise to speak on the Homeland Security authorization bill, H.R. 1684.

The stated purpose of H.R. 1684 is to enhance homeland security. Unfortunately, the restricted rule enacted at the behest of the majority excludes certain measures that would have increased our domestic security. One such provision is my amendment on the Automated Targeting System for Passengers, or ATS-P. ATS-P coordinates information already available from sources and allows Customs and Border Protection to perform risk assessments of people entering the United States. In this way CBP can identify a person of interest and question that individual before, let me repeat, before that person gains formal admission into this country.

This amendment would have been a positive step towards improving border security.

ATS-P is a system that is already deployed and that has already had some notable successes. It would have fulfilled a 9/11 Commission recommendation. And yet the majority remains opposed to it and made sure that it was not made in order. The motive behind that exclusion remains a mystery.

The mystery deepens when one considers what was made in order today, specifically one portion of the manager's amendment. During committee proceedings at my request, we inserted language authorizing funding for the United States Secret Service. The Secret Service, once an entity of the Treasury Department, now falls within the jurisdiction of the Department of Homeland Security. The Secret Service plays an important function in safeguarding the citizens of this country. The amendment I offered would have fully funded the President's request for the Secret Service's protection missions. It also would have provided over $322 million for Investigations and Field Operations, the unit within the Secret Service that investigates and prosecutes counterfeiting, fraud and identity theft.

Mr. Chairman, I will insert a copy of a letter into the Record from the National Fraternal Order of Police endorsing the inclusion of Secret Service funding within the Homeland Security authorization bill.

FRATERNAL ORDER OF POLICE,

Washington, DC, May 8, 2007.

DEAR CHAIRMAN THOMPSON AND RANKING MEMBER KING: I am writing on behalf of the membership of the Fraternal Order of Police to express our support for H.R. 1684, the "Department of Homeland Security Authorization Act of 2008." We are strongly supportive of sections 501, 502, 504, 505, which would provide law enforcement retirement benefits and improve recruitment and retention for Customs and Border Protection (CBP) officers.

I also would like to urge the retention of Sections 1101 and 1120. Section 1101 allows funding from Department of Homeland Security interoperability grants to procure equipment that conforms to the SAFECOM interoperability continuum. SAFECOM is a communications program of the Department of Homeland Security's Office for Interoperability and Compatibility that, with its Federal partners, provides research, development, testing and evaluation, guidance, tools, and templates on communications-related issues to local, tribal, State, and, Federal emergency response agencies. In developing the continuum, SAFECOM coordinated its efforts with numerous State and local law enforcement and emergency services entities. Interoperable communications are critical in the successful prosecution of law enforcement missions and play a critical role in ensuring officer and civilian safety.

We are also asking that you support Section 1120, which authorizes $1.64 billion and an additional 122 personnel for the United States Secret Service, an increase of 14 percent over the President's request. The Secret Service is charged with protecting our nation's most important leaders and visiting foreign dignitaries as well as conducting criminal investigations. Since 9/11 the Secret Service's limited assets have been increasingly stretched thin at a time when the number of candidates they protect has increased from 20 to 55 and the amount of counterfeit money in circulation has increased by 30 percent.

This section would also provide additional funding for our overworked and undercompensated Secret Service Uniformed Division. These dedicated men and women work tirelessly to provide protection to an increasing number of visiting officials, as well as protecting foreign embassies in the United States. However, they are experiencing a turnover rate of 20-25 percent a year as officers leave the agency to find better paying jobs with other Federal law enforcement agencies.

It is important that law enforcement receives the tools and funding needed to fulfill its mission. Sections 1101 and 1120 do just that and we urge you to retain them in the final bill. On behalf of the more than 325,000 members of the Fraternal Order of Police, I want to thank you for all of your help on this important issue. Please do not hesitate to contact me, or Executive Director Jim Pasco, through our Washington office if we can be of any further assistance.

Sincerely,

Chuck Canterbury,

In fulfilling our homeland security mission, this Congress should provide oversight of and support for homeland security agencies, one of which is now the Secret Service. The FOP endorses this suggestion. So do I. I wish that my colleagues on the other side would embrace this idea, along with the better security provided by the ATS-P provisions as well.

FOP Foundation Gets Grant to Develop Model Policy for Law Enforcement Families During Critical Incidents

Chuck Canterbury, National President of the Fraternal Order of Police, announced today that the National FOP Foundation has been awarded a grant to develop the Law Enforcement Families Readiness Initiative.

“It is fitting that the Foundation received this news at the start of National Preparedness Month, because what we hope to develop with this grant will help law enforcement officers and their families be better prepared for large scale critical incidents,” Canterbury said.

The Bureau of Justice Assistance, which is a component of the Office of Justice Programs at the U.S. Department of Justice, has awarded a two-year, $750,000 grant to the National FOP Foundation to develop the Law Enforcement Families Readiness Initiative­a comprehensive model policy or best practices guide for use by local, State, and Federal law enforcement agencies to design and implement a law enforcement family readiness plan.

“In the event of a critical incident which calls for an extended deployment or the evacuation of a widespread area, law enforcement officers are sworn to answer the call of duty,” Canterbury explained. “But these officers have families which may also be in harm’s way during a natural disaster, a large scale terrorist attack, or a pandemic outbreak. In such a situation, the officer must find a way to resolve the conflict between duty to his job and duty to see his family safe.”

The National FOP Foundation will develop guidelines and model policies which can be implemented by law enforcement agencies to ensure a greater state of readiness of the families of law enforcement officers in the event of a critical incident. Readiness will entail sharing with law enforcement families current response scenarios as appropriate, briefing them on evacuation plans, and preparing them for situations in which their family member may be on duty for an extended period or time or separated from that family member because of an evacuation or quarantine.

“The officer, having the peace of mind that his family is informed and accepting of the role he must perform in these circumstances, will be able to wholly devote himself to his duty,” said Canterbury. “It will improve the readiness, the morale, and the effectiveness of the law enforcement officer and his agency as a whole.”

Pension Reform Bill Eliminates DROP Tax Penalty Provision and Includes HELPS Retirees Act

The F.O.P. scored a major legislative victory last night when the Senate passed H.R. 4, the "Pension Protection Act of 2006," by a 93-5 vote.  This came after the House approved the bill 279-130 last week.  The bill eliminates the Deferred Retirement Option Plans (DROP) provision, and includes the "Healthcare Enhancement for Local Public Safety (HELPS) Retirees Act," both of which the F.O.P. had been lobbying for quite some time now.

"The bill is a major victory for our officers, many of whom are hurt by the DROP tax penalty provision and have trouble affording decent health insurance," National President Chuck Canterbury stated.  "Many of our officers are forced to retire earlier than the rest of the general population and are unfairly penalized because of this.  This bill will help end this and save many of our officers a great deal of money."

The DROP provision, which is included in section 828 of H.R. 4, would eliminate the ten percent (10%) early withdrawal penalty from a government defined benefit plan for public safety officers participating in Deferred Retirement Option Plans (DROP).  Under current law, a law enforcement officer who leaves active service before the age of 55 and opts to receive a lump-sum payment under DROP before the age of 59 ½ is subject to an early withdrawal penalty of ten percent (10%).

The HELPS provision, which is included in Section 845 of H.R. 4, would provide a modest tax benefit to help retired public safety officers afford health insurance by allowing the use, on a pretax basis, of up to $3,000 annually from their pension funds (including defined benefit plans and defined contribution plans) to pay for premiums on health care and long-term care insurance.

The Fraternal Order of Police is the largest law enforcement labor organization in the United States, with more than 324,000 members.