0''*$*"-
16#-*$"5* 0 /
0 '
5 ) &
- " 8
& /' 0 3 $ & . & / 5
& % 6 $ " 5 * 0 /
1 3 0 ( 3 " .





5IF
1PMJDF
0GªDFST

+PVSOBM70-6.&

/6.#&3




413*/(
 #BUUMF
$SFFL
SFNFNCFST
GBMMFO
PGªDFST 1BHF


7JFX
PG
.FNPSJBM

8BMM
BOE
8FTU
(BUFXBZ 0OF
PG
70-6.&

/6.#&3


8*/5&3
 PVS
PXO
Ÿ
Law Enforcement Education Program (LEEP©) Send Address Changes to: 10-$¤T

667 E. Big Beaver Road, Suite 205, Troy, MI 48083. (248) 524-3200 • FAX: 248 524-2752 5PN
3FFE www//leepusa.com By Richard R. Weiler Director S.O.S. Program: (800) 451-1220 www//polc.org enerally, Christians remember the Friday before Easter as Good Friday. Unfortunately this past Good Friday (April 6, 2007) will also be remembered EXECUTIVE COMMITTEE Gas the day we lost another comrade and his beloved wife. Tom and Nancy Reed lost their lives in an unfortunate auto accident outside of CHAIR: Greg Huggett Battle Creek Police Dept. Elizabethtown, Ky. while on vacation. I have known the Reeds for some 20 years. Tom served on the Police Officers Labor Council Executive Committee from 1987 David J. VanHouten through 1996 and he worked on numerous committees and served as Executive Grand Rapids Communications Committee Chairman for two years. Paul C. Combs Tom was a 25-year veteran of the Battle Creek PD, was named Police Officer of Berkley Public Safety Dept. the year in 1982, and advanced to several positions, including Detective, Special Rick Bleich Investigations Unit, Sergeant and Inspector, prior to his retirement. Muskegon Police Dept. A tireless worker, Tom accepted a Staff Representative position with the Labor Richard Hetherington Council in 1999 and dedicated himself to making the lives of public employees and Flint Police Dept. their families better through the collective bargaining process. Tom was always Brett D. McGrew upbeat with a good sense of humor. Whenever Tom went to a convention or a Berrien County Sheriffs Dept. seminar, Nancy was with him. Brian P. Miller I am proud to have known the Reeds and to call them my friends. My heart Lincoln Park Police Dept. goes out to their two daughters, Tom’s brother and the rest of the family. Tom Richard Prince and Nancy will be missed. Grand Rapids Police Dept. • • • Thomas Wilk he POLC through its affiliate Michigan Association of Police Organizations Macomb County Community College (MAPO) has filed a brief amicus curiae (friend of the court) with the Michigan DIRECTOR, Richard Weiler T Supreme Court supporting the Detroit Fire Fighters Association in its legal Detroit PD (Retired) battle with the City of Detroit. As you know, compulsory, binding interest arbitration is the primary way for police officers and fire fighters, who are prohibited by law from striking, to resolve contract disputes with public employers. This proceeding PUBLICATIONS is commonly referred to as Act 312. Danny Bartley • John Viviano Section 13 of that act provides that during the proceeding existing wages, hours and other conditions of employment shall not be changed by action of either party without consent of the other. In this case the City of Detroit unilaterally acted to implement a layoff/reorganization Postmaster: Please send returns and all other communications plan that would definitely impact mandatory bargaining subjects without consent of to the Law Enforcement Education Program Business Office: 667 E. Big Beaver Road, Suite 205, Troy, MI 48083. the union. The Detroit Fire Fighters went to court and got an injunction to stop the layoff/reorganization plan. The Court of Appeals upheld the lower court restraining Published by The Dale Corp., (248) 542-2400 Executive Editor, Dale Z. Jablonski order. The City has appealed to the Michigan Supreme Court. Production staff: Diané E. Bertoli, A.J. Malta CONTINUED ON PAGE 7 ´ 2 • SPRING 2007 The Police Officers Journal One of our own – POLC’s Tom Reed By Richard R. Weiler Director

Michigan officers Nancy and mourn deaths of Tom Reed POLC’s Tom Reed, wife

undreds of Michigan officers from Co-workers and friends eulogized the popular departments around the state, includ- officer’s ready smile, his penchant for practical Hing a full Police honor guard, gath- jokes and his life-long commitment and ded- ered at Battle Creek in April to honor POLC ication to law enforcement. Tom’s brother, Phil, Labor Representative Tom Reed and his also a retired Battle Creek police commander, wife, who had both died in a tragic automo- said his brother had encouraged him into a bile accident. police career and recalled his brother used to Reed had served as a police labor negotiator ride with local police officers in his younger for the Police Officers Labor Council, serving years while growing up in Lake Odessa. more than 30 departments in western Lower “He was well-known and well-respected by Michigan since his retirement from Battle his fellow officers, and he leaves us far too Creek in 1998. He also worked as a part-time soon,” said POLC Executive Director Richard officer with the Prairieville Township Police Weiler. “He will be greatly missed.” Department. Reed, a licensed pilot, also served as a Lieu- A 25-year veteran Battle Creek Police In- tenant Colonel in the Civil Air Patrol and was a spector Reed, 56, and his wife of 27 years, member of the Fraternal Order of Police Lodge Nancy, 54, were both killed in an automobile #121. His wife worked as a part-time legal assis- accident near Elizabethtown, Ky., while on a tant in the Battle Creek City Attorney’s office. vacation trip in April. They are also survived by two daughters. d

www.polc.org •  The Police Officers Journal

‘Promise of protection’ is NOT the same as 5th Amendment’s rights, Court rules Excerpted from Public Safety Labor News

ne of the most important cases in State of California, the Constitution of grant of immunity from the use of the interpreting Garrity v. New Jersey the United States, and the Statutes and interview or the fruits of the interview in Owas decided in January by the Laws of the State of California, the a subsequent criminal prosecution. California Court of Appeals. The resulting County of Santa Clara, and the United His employer argued that immunity decision perfectly illlustrates what Mich- States of America” under Garrity was automatic, and that the igan’s Police Officers Labor Council had The investigator ordered Spielbauer to moment it used its authority as an em- been advising its member units all along. answer his questions, and said the answers ployer to compel Spielbauer to answer Michigan’s law officers have been would not be admissible in a subsequent the questions, Spielbauer’s answers were protected ONLY by the passage and ap- criminal prosecution. The investigator’s immunized, and thus his constitutional proval of POLC-backed legislation late last words were: “Tom, you have a right to re- rights were fully protected. In many in- year. That legislation specifically prohibits main silent and not incriminate yourself. stances, this is the same view mistakenly the use of Garrity statements as infringe- Your silence, however, may be deemed advocated by other Michigan law enforce- ments to an officer’s constitutional rights. insubordination, leading to administrative ment labor groups to their members. The California decision upholds the POLC’s discipline up to and including termination. decision to seek such protection for law Any statement made during this interview A PROMISE IS officers. The recent ruling serves as a prec- cannot, and I emphasize cannot, be used ‘INADEQUATE’ edent that should change the way disci- against you in a subsequent criminal After reviewing the full line of cases plinary investigations are conducted in proceeding. Do you understand what I’ve decided in the wake of Garrity v. New other states and bring them into line just read to you?” Jersey, 395 U.S. 493 (1967), the Court with what is now required in Michigan. Spielbauer still refused to answer ques- rejected the County’s arguments, and held The California case involved Thomas tions, indicating that he would only do so that an employer’s promise that compelled Spielbauer, a public defender in Santa Clara if a formal grant of immunity was received statements could not be used in a criminal County, who was involved in a disciplinary from a court. prosecution was inadequate protection investigation over charges that he either Spielbauer was later fired for insubor- for an employee’s Fifth Amendment rights. misled or deliberately lied to a judge. At dination in refusing to answer the inves- In a detailed opinion, the Court upheld Spielbauer’s disciplinary interview, a County tigator’s questions, and for untruthfulness Spielbauer’s challenge, saying that the investigator began asking him questions. in his dealings with the judge. Spielbauer’s Fifth Amendment’s: “… privilege against Spielbauer’s attorney interjected, saying court challenge argued that no public compulsory self-incrimination can be as- that Spielbauer would refuse to answer employee could be compelled to answer serted in any proceeding, civil or criminal, questions “under the protection afforded questions in a disciplinary investigation administrative or judicial, investigatory to him under the Constitution of the unless the employer first obtained a formal or adjudicatory; and it protects against any

 • spring 2007 The Police Officers Journal

‘Promise of protection’ is NOT the same as 5th Amendment’s rights, Court rules

disclosures which the witness reason- himself to discipline, including discharge, this balancing is judicial supervision ably believes could be used in a criminal for insubordination. Although the super- of the process. prosecution or could lead to other evidence visor said that Spielbauer’s answers could “Requiring a clear grant of immunity that might be so used.” The Court found not be admitted in a criminal prosecution, provides superior protection to prosecu- Spielbauer’s investigation easily met this an apparent allusion to the rule of exclu- torial interests precisely because it disables test, and that he could have reasonably sion, he never granted or offered immunity. other officials from unilaterally compelling believed prosecution could be based upon Under the foregoing authorities, the failure statements that may taint later prosecu- his answers. to offer immunity was fatal to any attempt tions. If an official wants to compel in- The Court held the employer must obtain to discipline Spielbauer for remaining criminating disclosures, he will have to a formal grant of immunity before an silent. It follows that the Board’s finding secure immunity; if he fails to do so, the employee can be forced to participate in of insubordination cannot survive.” employee is entitled to stand on his right a disciplinary interview. of silence without fear of repercussions. The Court’s rationale: WHO CAN GRANT If the employee does this, no tainted dis- “The foregoing cases stand for the rule IMMUNITY? closures will be made, and no prosecutor that the state cannot compel a public The Court then turned to the next sub- will be required to overcome a later claim employee to answer incriminating ques- stantial question - who could grant the that his case has been poisoned. To be sure, tions ‘unless and until he is protected’ immunity necessary before a disciplinary the employee’s assertion of this right may against the use of his answers to make investigation could proceed? pose impediments to disciplinary inves- a criminal case against him. In the absence In the Court’s eyes, that immunity could tigations, but surely it is not for the courts of such protection, the employee is ‘priv- only be granted by a prosecutor in a judi- to solve that problem with a blanket regime ileged to stand mute without fear of cially-supervised process. The process of automatic immunity.” punishment for his refusal to answer. suggested by the Court was a petition to Because Spielbauer’s termination was The protection contemplated by these the local prosecutor to obtain a protective based in part on the insubordination charge, cases is a grant of immunity, i.e., an un- order immunizing the employee. Such an the Court reversed the termination, and dertaking by the state not to use the an- approach, the Court reasoned, “reflects a remanded the case back to the County swers to prosecute. meticulous balancing of the needs of for reconsideration of the appropriate “Here, when Spielbauer’s supervisor would-be interrogators against the pre- punishment for the remainder of Spiel- sought to question him in a potentially rogative of the Legislature to define crimes bauer’s offenses. d incriminating manner, Spielbauer asserted and their punishments, and the power and his right to remain silent, and the super- duty of the executive to prosecute the Spielbauer v. County of Santa Clara, visor told him he must answer or subject offenses thus defined. An integral part of No. H029345 (Cal. App. 2007).

www.polc.org •  The Police Officers Journal

10-4 NO MORE – Actor Broderick Crawford, as a terse-talking “Highway Patrol” officer, made his catch phrase, “10-4” a household word back in the early days of TV.

‘10 codes’

deep-sixedFrom media reports

or Virginia police officers who respond to a radio call officers routinely use plain language, Virginia hopes to eliminate with “10-4” this year, it is no longer “A-okay.” the chance of officers falling back on the codes in the event of F A mandate from state officials will make police de- a mutual aid situation. partments across that state among the first in the nation to One Sheriff noted that the codes have a practical use in law stop using the time-honored police radio “10 codes” in their enforcement and are part of a long police tradition that will not broadcast communications, and instead use plain English. fall into disuse easily. “It’s a world in and of itself, which lets The change is in response to the National Incident Management the rest of us know what’s going on,” he told reporters. System (NIMS), established after the 9/11 attacks, and is meant The 10 codes began in the 1920s, when police radios had only to aid cooperating police agencies in mutual aid situations where one channel and conversations had to be kept short. Since the agents from different counties, states, or federal must work together. 1940s, there have been sporadic efforts to organize the codes A major problem with the old “10 codes” is that they vary so as the numbers and meanings expanded and began to change. much among different agencies, and departments. For example, The reason for the move by NIMS is that studies showed use the code “10-50” means “officer down” to Montgomery, MD police, of the codes actually hindered police response to the 9/11 Pen- while it denotes a traffic accident in nearby Arlington. By having tagon attack. d

 • spring 2007 The Police Officers Journal

POLC backs 10-4 goes 10-7 — Fire Fighters or is that 10-30? in Detroit Lawsuit ere are some of the common examples of “10 codes” in use by some local Continued from page 2 Michigan departments. How do they stack up with what your department uses? HMeanings vary greatly by jurisdiction: This issue is important - it concerns the scope of a public employer’s duty to bargain during a Act 312 compulsory 10-0 Use Caution 10-22 Cancel last message/Take no arbitration proceeding. The potential 10-1 You are being received poorly further action for abuse is huge if a city can unilat- 10-23 Stand by until channel clears 10-2 You are being received clearly erally implement a reorganization plan 10-24 Emergency at station/all units 10-3 Stop transmitting without the consent of the union while return 10-4 O.K. Act 312 proceedings are pending. 10-25 Do you have contact Section 13 of Act 312 requires that the 10-5 Relay Message with ______“status quo” be maintained regarding 10-6 Busy with Call 10-26 Driver’s license check by wages, hours and conditions of em- 10-7 Out of service, (completely) number or name ployment unless the parties agree 10-7b Out of service (personal) 10-27 Check for wants or warrants otherwise. In other words, issues as 10-7c Out of service (court) 10-28 Check registration on vehicle described in the meaning of wages, 10-7od Out of service (off duty) 10-29 Check for stolen car hours or other conditions of employ- 10-8 In service 10-29A Check wants, subject (PIN) ment, are considered to be mandatory 10-8ot In service (overtime) 10-29R Check wants and record, subjects and cannot be changed while 10-9 Repeat last message subject (PIN, CJIC) in the course of hearing unless there is an agreement. 10-10 Out of service, Radio on 10-29C Check complete, subject (NCIC) This case is very significant because 10-11 Give F.C.C. Call Sign/ 10-30 Does not conform to rules or a decision by the Michigan Supreme Dispatching too fast regulations Court will apply to ALL public safety 10-12 Visitors or officials present 10-31 Is lie detector available? employees and employers. 10-32 Is Intoxilizer available? 10-13 Advise weather and road Our brief essentially argues that conditions 10-33 Emergency traffic/don’t the status quo provisions of Section or transmit unless necessary 10-14 Convoy or escort detail 13 prevents a city from changing 10-33 Alarm (type: Audible, silent) 10-15 Prisoner in custody mandatory subjects during the pro- 10-15m Prisoner in custody 10-34 Clear for local dispatch or open ceedings unless there is an agree- door (mental case) ment to do so. We believe the lan- 10-16 Pick up prisoner 10-35 Confidential information or guage is clear. Hopefully the Court open window 10-17 Pick up papers will support our position. 10-36 Correct time 10-18 ASAP (Hurry up) Complete The lower court - Circuit - and the present assignment ASAP/ 10-37 Give me name of Operator on Court of Appeals agreed with our Get there quick/ASAP duty position and restrained the City from 10-19 Return to office 10-38 Your destination changing mandatory subjects and cre- 10-20 Your location 10-39 Your message is delivered/ ating reorganization within the depart- Requested unit en route ment. Arguments were made before 10-21 Call by telephone 10-40 Advise if officer ______the Supreme Court in early April 2007. 10-21A Phone home, my ETA is _____ available for phone call It is unknown when a decision will 10-21B Call your home 10-54 Livestock on the highway; be made, but we will keep you posted on this important issue. d www.polc.org •  The Police Officers Journal

Battle Creek’s plan for a Police Memorial features a paved entrance court and a memorial wall. Memory of slain officer stirs Battle Creek community he death of Detective Lavern Hamilton, Clayton Weed, John Patterson, Brann, who was shot and killed Paul Clark, and Gerald Rosa. A discussion T in the line of duty in 2005 while in the Department took a much larger investigating the murder of Eunice Sharp turn to honor the sacrifice of not just one has led to proposed plan to build a civic officer — but all six. police memorial to six fallen Battle A committee of officers urged creation Creek officers. of a memorial that was fitting to the sac- Brann’s death stirred the emotions rifice made by the officers, and ensure it among Department officers and the city would be a source of pride to the City. to a level not seen in many years. He No public dollars are involved in this was the sixth Battle Creek officer to die project. Funding is solely through private in the line of duty. The others are Harry individual and corporate donations.

 • spring 2007 The Police Officers Journal

The memorial, though directed towards Three life-size bronze statues highlight A donor plaque at the entrance of the the police department is, in reality, truly the memorial. One is an officer holding the police department honors those who con- a community project. hand of a young child. The other two will tribute $1,000 or more to the memorial. Committees were formed of citizens stand on either side of the memorial wall, All donations for the memorial are being and officers alike, and with a generous grant honoring the memory of the six officers. held at the Battle Creek Community Foun- from the Kellogg Foundation, a landscape Ample lighting and landscaping are in- dation and are tax deductible. architect was hired. The memorial plans cluded. Brick order forms can be found at any were presented to the Battle Creek City Battle Creek area Felpausch, Gary Fields Commission last June and approved. Commemorative Comedy Court, Sam’s Club, The Battle The memorial includes a “memorial wall” Bricks Creek Police Department, and online at where bronze high relief plaques honor the The walking space in front of the two the Battle Creek Community Foundation’s six officers who have died in the service walls and statues are bricked. To help web site: www.bccfoundation.org. of the citizen of Battle Creek since 1900. raise funds, the paving bricks are being If you’d want to be part of the history A second wall, the “Recognition Wall,” sold. A $50 donation buys a 4” x 8’ brick, of this memorial or have questions, or honors all officers who have served the a $100 donation buys an 8” x 8” brick. would like a presentation to your group citizens of Battle Creek, with special rec- The bricks will have a personal name or or organization, contact Lt. Michael ognition to those officers who died while message engraved, making supporters a Sherzer at 962-0541. d employed though not necessarily in the permanent part of this memorial, and line of duty. part of the history of Battle Creek.

Police Memorial – The City of Battle Creek’s Police Memorial is a well-planned adjunct to the city hall and its Police Deparment headquarters facility.

www.polc.org •  UI
"OOVBM
8PSNCVSOFST
$IBSJUZ
(PMG
0VUJOH 'PVS
1FSTPO
4DSBNCMF
BU
0BL
3JEHF

.BSTI
0BLT
(PMG
$MVC 'SJEBZ
+VMZ

 We are seeking participants and sponsors for the 9th annual Wormburners Charity Golf Outing, on Friday, July 13, 2007 at the Oak Ridge / Marsh Oaks Golf Club. All proceeds from this outing go to support the Law Enforcement Educational Programs (LEEP) of the Police Officers Labor Council. $90 per person Golf Outing Includes: • Continental Breakfast • Souvenirs and Prizes • Long Drive Contest • 18 Holes of Golf w/Cart • Skins • Sleeve of Balls • Closest to the Pin Contest • Three Meat Dinner • Mystery Drawing Check In: 8:30 am Shotgun Start: 10:00 am Limited to the first 144 paid players All donations are tax deductible. Tax receipts will be provided upon request. Please make checks payable to LEEP and mail to the address below or give to an event coordinator. Event Coordinators – EJ Belmore 586-216-4741 – Bill Biga 734-904-4573 – Marc Lanzon 586-419-4407

UI
"OOVBM
8PSNCVSOFST
$IBSJUZ
(PMG
0VUJOH
%POBUJPO
'PSN Registration for play - $90/person If you are playing in a foursome please print the full names of your teamates:

1 (Captain): ______Captain’s phone #:______2: ______3: ______4: ______If you are playing single, please print your name below and we will place you in a foursome: Single’s name: ______Single’s phone #: ______Please fill out form and mail with check to: Wormburners Golf 21618 Erben Street St. Clair Shores, MI 48081 – Please make checks payable to: LEEP

4QPOTPSTIJQ
0QQPSUVOJUZ

#F
B
5FF(SFFO
4QPOTPS
GPS
 9th Annual Wormburners Charity Golf Outing Sponsors Form Name:______Company: ______Tee / Green Sponsor ($150@) ______Award / Prize Donation (value) ______Cash Contribution ______Send me a tax receipt Please fill out form and mail with check to: Wormburners Golf 21618 Erben Street St. Clair Shores, MI 48081 – Please make checks payable to: LEEP

10 • SPRING 2007 The Police Officers Journal .FNCFS

/FXT

$POUSBDU
4FUUMFNFOUT Benton Twp. 911 Norton Shores Supervisors Police Dispatchers Three-year contract Two-year contract • Wages: • Wages: 2.75% effective Jul. 1, 2006 2.50% effective Jan. 1, 2007 ® 2.50% effective Jul. 1, 2007 2.50% effective Jan. 1, 2008 2.75% effective Jul. 1, 2008 A three-year dispatcher will make $25.51 effective Jan. 1, 2008. Improved payout for members upon retirement. Implemented an annual Improved holiday pay language so employee receives holiday for all payout, once members reach the maximum cap. hours actually worked on a holiday instead of a maximum of eight hours. • Manning / safety: Changes made in the language for promotional, Contract expires Dec. 31, 2008. grievance, and disciplinary procedures, overtime assignments, shift bid • Health Care: There is a 2.5% pre-tax monthly premium sharing for 2007, preferences, clothing and equipment. and an added 2.5% pre-tax monthly premium sharing for 2008. • Health Care: Eff. Jul 1, 2007 drug card increases to $10/$20 co-pay with reimbursement back to $10. Premium sharing increases to $20 per pay Bargaining committee: Bill Gast, aided by POLC representative Tom Reed. period, eff. Jul. 1, 2008. Elk Rapids Bargaining committee: David Boone, aided by POLC representative Fred LaMaire. Three-year contract • Wages: Pittsfield Township Clerical/Dispatchers 3.68% effective Jan. 1, 2007 2.75% effective Mar. 1, 2008 Three-year contract 2.90% effective Mar. 1, 2009 • Wages: Contract now expires March 1, 2010 instead of Dec. 31, 2009. 3% effective Jan. 1, 2007 3% effective Jan. 1, 2008 • Health Care: Eff. Jan. 1, 2008, employee pays one-half (½) of increase 2% effective Jan 1, 2009 above 14%, for BC/BS.Eff. Jan 1, 2009, employee pays one-half (½) of increase above 13%. Longevity pay increases from $500 to $600 at year five and $1,000 to $1,200 at year ten. Bargaining committee: Gary Bradley, aided by POLC representative Ken Paid holidays increased from 10 days to 12 days and six are designated Nash. as major holidays in which the employee receives 2.5 times their hourly rate instead of double time. Ludington Police Officers • Health Care: Optical care stipend cap per two-year period increases from Three-year contract $120 to $175. • Wages: • Retirement: While existing employees still have a structured schedule to 2.50% effective Jan. 1, 2006 cover retirement health care, a new MERS Health Care Savings Program 3.00% effective Jan. 1, 2007 was negotiated to cover retiree health care for new employees. The 3.00% effective Jan. 1, 2008 Health Care Savings Program will be seeded with $50 a year of service Monthly clothing allowance will be reimbursed on a quarterly basis. for current employees. MERS pension benefit increases to a B3 multiplier • Manning / safety: Changes made in the language for promotional proce- on the third year of the agreement. dures, use of part-time employees and vacations. Twelve (12) hour Work Bargaining committee: Phil Nowacki, and Chuck Bartenslager, aided by Schedule renewed. POLC representative Duane Smith. • Health Care: Change from Community Blue PPO #1 to Community Blue PPO #2. Bargaining unit members will not pay any premium sharing. Bargaining committee: Sue Malthie, B.J. Wells, Steve Wietrzykowski, aided by POLC representative Fred LaMaire. CONTINUED ON PAGE 12 ´

www.polc.org • 11 The Police Officers Journal

$POUSBDU
4FUUMFNFOUT CONTINUED FROM PAGE 12

Pittsfield Township Command Officers Three-year contract • Wages: 3% effective Jan. 1, 2007 3% effective Jan. 1, 2008 "SCJUSBUJPO 3% effective Jan 1, 2009 Increase in yearly paid holidays from 10 days to 12 days; increase to six as major holidays in which employees receive 2.5 times hourly rate from Act 312 Arbitration settles contract double time. for Romulus Command Officers Command Officers assigned to the Detective Bureau receive an extra $1.25 per hour over current hourly rates. After four Act 312 hearings and numerous panel meetings, Arbitration pro- duced some major gains for Romulus Command Officers by maintaining their • Health Care: Optical care stipend cap per two-year period increases from no co-pay health care provisions while instituting a 3% increase in the wage $120 to $175. differential. • Retirement: MERS pension contribution reduced by one percent. The Arbitrator’s award included: Bargaining committee: Steve Heller and Brandon Williams, aided by • The 3% increase in wage differential was accompanied by a change in POLC representative Duane Smith. language to define the differential is over the highest paid member of the patrol bargaining unit, including bonuses, incentives and other com- Van Buren County Sheriff Command pensation. One-year contract • Agreement for the unit to go to a 10/20 drug card. • Wages: • The City’s request for a 6% insurance co-pay was denied. 2% effective Dec.31, 2006 Most of the City’s awards were relatively minor language type changes $300 (single), $500 (couple), and $700 (family) placed into the employee’s with little economic impact. Among them: flexible spending debit card. Direct deposit of pay checks into employee’s checking account The City was awarded its request for an 85% benefit for long-term dis- • Manning / safety: Upgrade corrections corporals to sergeant rank ability, to be based upon the hourly wage at the time of injury, and allowed to reduce callback time from four hours to two hours for staff meetings and • Health Care: BC/BS PPO 2 plan replaced by a new PPO 2 base plan with training. The four-hour minimum, however, will be maintained if members are $25 fee for doctor / chiropractor office visits. $10/40 drug plan that called back for work-related duties other than staff meetings. includes one (1) co-pay for a 90-day supply of drugs. A monthly pre-tax premium sharing of $23.42 for a single person, $52.70 for a couple, and Vacation, holiday scheduling and the rule of three were ruled to be non- $63.24 for a family. Members may “buy up” to a PPO 2 premium plan by economic issues and the Panel drafted compromise language. paying a higher monthly premium share. Bargaining team: Jim Dietz and Virg Franks, aided by POLC representative Chesterfield Twp. Patrol settlement Tom Reed. clarifies standby, court pay issues Chesterfield Township has some unusual language regarding pay for Wayne State University Police Officers standby subpoenas, and until recently the absence of a Police Chief led to a number of grievances, which led to a settlement after several hours of nego- Three-year contract tiations. • Wages: 2% effective Oct. 1, 2007 In two cases, one officer will receive the 2.5 hours of pay sought. An iden- 2% effective Oct. 1, 2008 tical circumstance happened on the same day and that officer’s grievance 2% effective Oct. 1, 2009 was immediately granted, leaving us to wonder how they had separated these two cases. In the other cases at hand, one officer shall receive no pay Monthly uniform cleaning allowance increases from $46 to $50. On-call but the written reprimand he received for requesting the pay will be removed Investigation section officers receive an additional two hours “standby from his file and the third officer withdrew his grievance. After discussions, pay” per 24-hour day. Field Training Officers will be paid one additional it became clear there was no set method of calculating court time and stand- hour pay per eight hours of field training assignments. Officers also by pay hours, and both sides agreed it needed to be clarified so that everyone agreed on compensation language for a new canine officer. was on the same page. • Health Care: Officers obtained Eye Med Vision Care subsidized at a cost of 50% by the University. The recent appointment of a new Police Chief is expected to greatly ease this issue. Both parties split costs of the Arbitrator’s appearance. Bargaining committee: Mike Mandjack (recently retired), Ray Whitehill, Kim Fletcher and Colin McCabe, aided by POLC representative Duane Smith.

As reported by POLC Labor Reps.

12 • SPRING 2007 The Police Officers Journal

Van Buren Deputy wins full payment for Kentwood changes stance on swap of 29 years of accumulated sick bank time vacation time for SWAT time, just in time A Van Buren deputy with 29 years of service was awarded full payment for One day prior to the arbitration date a settlement was reached, which in 847.5 hours of his sick bank time accumulated before 1998, instead of the essence, granted the grievance. The Kentwood officer involved was called in 480 hours the County was willing to pay upon his retirement. to work while on vacation, to assist in a search warrant execution by the In ordering the full payout, an Arbitrator said that a new system put in SWAT team. The City paid him straight time only and returned his vacation place in 1998 specifically stated limits regarding individuals who were fired time to his vacation bank. or who left involuntarily and it also clearly spelled out limits if a deputy left The settlement changed his pay rate to the overtime rate. The Arbitration "SCJUSBUJPO with less than 20 years of service. But the Arbitrator also ruled that the new was cancelled and each side was billed for half of the cancellation fee. d system clearly specified that deputies with time in the old sick bank were allowed to bank that time – and there were no time limits placed on payment As reported by POLC Legal Staff. of the old sick bank upon retirement.

4UJMM
PO
UIF
#PPLT

hat do you think about enforcing some of the weird ¢It is illegal to educate dogs in Hartford. (Clue: Violators tell laws still on the books in your own jurisdictions? pets: ‘Don’t sit!’ ‘Don’t stay!’) W Drop us a note with samples, please. Meanwhile In Florida … take a look at these examples and imagine what your job would ¢Having sexual relations with a porcupine is illegal. (Not to be like if they had to be stringently enforced: mention very, very difficult) In Michigan … ¢A special law prohibits unmarried women from parachuting ¢there’s a still-on-the-books law saying a man legally owns on Sunday or she shall risk arrest, fine, and/or jailing. (Call his wife’s hair. Police departments haven’t set up stakeouts the vice squad—after all, she is a ‘fallen woman’) around beauty salons yet. but it might be wiser for wives In Georgia … to get hubby’s permission before she tries to find out if ¢In Atlanta, it is illegal to tie a giraffe to a telephone pole or “blonde’s have more fun.” street lamp. (A higher law?) In California … ¢In Quitman, it is illegal for a chicken to cross the road. (Colo- ¢In Belvidere, the law is very specific: “No dog shall be in a nel Sanders had better tread carefully) public place without its master on a leash.” (Violators MUST In Hawaii … be ‘collared’?) ¢One is legally prohibited from putting coins in one’s ears. ¢ In Berkeley, you can’t whistle for an escaped bird before 7 (Even if they haven’t heard about that law.. and it’s very likely a.m. (What if they’re just calling for the birds by name?) they haven’t) ¢If you detonate a nuclear device within the city limits of Chico, you’re liable for a $500 fine. (But only if the Court In Idaho … ¢ Building is still standing) The law states all boxes of candy given as romantic gifts must weigh more than 50 pounds. (Lobbyists for Weight In Colorado … Watchers went wild when this one passed) ¢It’s illegal for a man to kiss a woman while she’s asleep In Logan County, (And not very effective, either) In Illinois … ¢ ¢In Pueblo, it is illegal to let a dandelion grow within city It is illegal to give a dog whiskey in Chicago. (Even if it needs limits. (MUST ‘Weed out’ crime) some “hair of the dog?”) ¢Chicago forbids fishing while sitting on a giraffe’s neck … In Connecticut … ¢In Zion, IL, it is illegal for anyone to give lighted cigars to ¢ A local ordinance in Atwoodville prohibits people from playing dogs, cats, and other domesticated animals kept as pets. Scrabble while waiting for a politician to speak. (Politicians (Obviously, there IS an extra-strong pro-health, temperance, play too many word games to tolerate ANY competition) animal rights, lobby in Illinois) d

www.polc.org • 13 The Police Officers Journal

Lawyers speak out on plans to revise FMLA regulations Excerpted from The National Law Journal

he Labor Department needs more information and public Employee rights attorneys charge that workers are increas- comments to find out what’s working – and what’s not ingly skipping the Labor Department route and instead filing T – with the 12-year-old Family Medical Leave Act (FMLA) private lawsuits. The largest-known jury verdict in an FMLA lawsuit that allows employees to take up to 12 weeks of unpaid leave came in 2002 with an $11.65 million award to a worker who for various medical reasons. charged he was retaliated against for taking time off under the Some attorneys say the FMLA is an increasing source of con- FMLA to care for his aging parents. Schultz v. Advocate Health, fusion and litigation. No. 01C-0702 (N.D. Ill. June 5, 2002). The case settled for an A growing number of lawsuits are being filed by workers al- undisclosed amount on appeal. leging employers are not granting unpaid leave under the FMLA “Companies are trying to chill employees from taking FMLA when they should, and often retaliate against workers who seek leave,” said an employee rights attorney in Chicago. Others said the time off. At the same time, employers say that many workers employers are forcing workers to go through unnecessary hoops are abusing the FMLA, using it for purposes not intended, like to get FMLA benefits, often demanding costly second and some- taking time off for a headache or the flu. A major point of con- times third opinions from doctors when considering FMLA requests, tention is confusion over whether stress-related illnesses rise or firing workers who take unpaid leave, claiming that they were to the level of a “serious health condition” covered by the act. ineligible for FMLA benefits. The Department of Labor says the number of FMLA-related complaints has remained steady during the last five years, aver- FEAR OF LAWSUITS aging about 3,000 complaints a year – almost all of which are Attorneys representing companies say employees use minor resolved at the administrative level, but the heightened tensions, ailments, such as the sniffles and the flu, as a reason to seek as well as confusion over when and how the FMLA should be FMLA benefits. And they say many times employers, fearing a applied, has been noticed by the Department. lawsuit, grant the leave without putting up a fight. Victoria Lipnic, U.S. assistant secretary of labor for employment They point out that the FMLA is a medical leave problem that standards, noted that there “have been these two big hot-button has grown out of control. “Employers are so frustrated by employee issues that employers and employee groups have talked about abuse of the FMLA leave,” said a Philadelphia attorney who ever since the regulations came out: What’s a serious health represents employers in FMLA matters. “For instance, with chronic condition, and the use of unscheduled intermittent leave.” conditions like a migraine or stress, they’re frustrated and looking “The [regulations] have been on the books for a dozen years for ways to come down on intermittent leave. Employers are now. That’s about the time when there’s been a significant amount especially frustrated in the summer when stress and migraines of litigation when regulatory agencies should take a look at how come up on Fridays and Mondays. The very erratic usage of are the regulations doing.” intermittent leave creates an administrative headache. It’s a At best, court decisions have produced mixed results on nightmare,” he said. FMLA matters, confusing employers, employees and the Labor “The FMLA is not always clear if a condition qualifies, so Department alike. probably nine out of 10 times, [employers] are more cautious in

14 • spring 2007 The Bureau of Justice Statistics

According to the most recent Bureau of Justice Statistics informational studies recently released: providing the leave,” said an Atlanta at- torney, who represents companies in FMLA • As of June 2000, all State and local law enforcement agencies had 1,019,496 matters. “When the law first came out, I full-time personnel, 11% more than the 921,978 employed in 1996. From 1996 to think people were under the impression 2000 the number of full-time sworn personnel increased from 663,535 to 708,022. that serious meant serious, things such as • As of June 2003, local police departments had 580,749 full-time employees cancer, diabetes. When the FMLA first took including about 451,737 sworn personnel. Sheriffs' offices had 330,274 full-time effect, employees with conditions such as employees, including about 174,251 sworn personnel. cancer, back injuries or pregnancy, sought • From 1987 to 2003 minority representation among local police officers increased time off. But then the psychological injury, from 14.6% to 23.6%. In sheriffs' offices, minorities accounted for 18.8% of stress cases and flu symptoms started to sworn personnel in 2003 compared to 13.4% in 1987. roll in, the attorney described. “I think • From 1996 to 2000, total employment by local police departments was up an things like the flu, sinus issues – strep average of 2.1% per year. Sheriffs' offices increased their number of employees throat, even – I don’t think your average by 3.5% per year. employer thought those items might be –––––––––––––––––––––––––––––– Advertisement –––––––––––––––––––––––––––––– included.” In light of the Labor Department’s re- quest for comments on the FMLA, most employers are hoping for some clarifica- tion on the definition of “serious health condition.” But various courts have been split on whether stress rises to the level of a serious health condition. Companies are also struggling to keep up with advances in medicine. For exam- ple, a person with a headache may now have some type of condition or disorder that was not known more than a decade ago when the law took effect. “I think that there are people who are abusing it, but there are lots of people who have conditions that don’t fit neatly into the type of conditions that legislators had in mind when passing the act,” said one attorney, adding that some companies still don’t acknowledge the law at all. “De- spite the fact that the FMLA has been around for quite some time, there are still some employers who simply won’t recog- nize that the law exists,” he said. One employee rights attorney in Fort Lauderdale, Fla., was skeptical about the Labor Department’s inquiry into the FMLA, fearing that the federal agency is gearing up to propose new regulations that could hurt employees. d

www.polc.org • 15 The Police Officers Journal

8IP
/FFET
"OTXFST "CPVU
 The Law Enforcement Education Program (LEEP) offers a 26-minute DVD that can teach pre-teen aged children the important why’s and how’s of what happens when they dial 911 in an emergency. Produced with inputs from veteran Police, Firefighters, Para- medics, Forensic Technicians and Dispatchers, this video is full of right answers to the many unasked questions a child will have about making a 911 emergency phone call. This LEEP video is available FREE to any area Police, Fire or Ambulance Company. Police Officers Labor Council members can help bring this video into more area classrooms by contacting the LEEP office at 1 (800) 451-1220. d

Law Enforcement PRSRT STD Education Program (LEEP©) U.S. POSTAGE PAID 667 E. Big Beaver Road, Suite 205 Traverse City, MI Troy, MI 48083 Permit No. 29

Address Service Requested