Star and Shield 4-05 - Safety Employees Benefit Association

Celebrating 58 Years of Service
STAR & SHIELD
April, 2005
The Official Publication of the Safety Employees’ Benefit Association
SAFETY EMPLOYEES’
BENEFIT ASSOCIATION
555 North ‘E’ Street, San Bernardino, CA 92401
(909)885-6074 • (800)655-7322
FAX (909)381-9364 • Web site, www.seba.biz
Focus Line (909) 386-7807
Office open Mon.-Fri., 7:30am - 5:30pm
EXECUTIVE BOARD OF DIRECTORS
William Abernathie, Jr., President
(909) 885-6074; E-mail: rocknba@adelphia.net
Ken Lutz, Vice-President
(760) 241-2911; E-mail: klutzcop@aol.com
Kristen Riegel, Secretary
(909) 386-8401
Colin McKenzie, Treasurer
(909) 578-4423
STAFF
Michael Eagleson, Chief of Staff
E-mail: eagleson@seba.biz
Nancy Tate, Senior Field Representative
E-mail: ntate@seba.biz
Mary Blanco, Field Representative II
E-mail: mblanco@seba.biz
Ellen Monsalve, Executive Assistant
E-mail: emonsalve@seba.biz
Mary Hahn, Membership Secretary II
E-mail: mhahn@seba.biz
Ruth Perez, Administrative Secretary II
E-mail: rperez@seba.biz
Esther Whitney, Membership Secretary I
E-mail: ewhitney@seba.biz
Veronica Maynus, Receptionist
E-mail: vmaynus@seba.biz
STATION DIRECTORS
Sergeant at Arms...Stuart Osborne
Adelanto...Jon Marhoefer
Apple Valley...Joshua Moody
Aviation...Mike Ells
Barstow...Marie Spain
Big Bear...Ed Jimenez
CDC...Sebastian Barnes
Central Station...Sherri Eversole-Patterson
Chino Hills...Brad Enscoe
Colorado River...Darryl Weart
Coroner...Andy Avery
Ct Svcs Desert...Jason Patrick
Ct Svcs East...Dean Swan
Ct Svcs West...Julie Migaiolo
D.A. Desert...Robert Boone
D.A. West...Paul Amicone
Fontana...Maggie Finneran
GHRC...John Parks
Hazmat...Vacant
Hesperia...Ray Santa Cruz
Highland...Laren Leichliter
Morongo...Dale Mondary
Narcotics...Dan Finneran
Probation East...H. Atreus Chandler
Probation Desert...Gordon Gregg
Probation West...Karen Osborn
Probation Corrections...William Forrester
Probation Corrections WVJH...Douglas Feil
Rancho Cucamonga...Robert Hards
Retired...Ken Gopperton
Scientific Investigations...Hiram Evans
Specialized Investigations...Roxanne East Logan
Transportation..Marvin Morton
Twin Peaks...Tracy Klinkhart
Victor Valley...Glenn Gwaltney
Victorville...Robert Johnston
Welfare Fraud...Cory McCause
WVDC...Danny Rice
Yucaipa...William Busto
Past President...Jim Erwin
2
SEBA
STAR & SHIELD
INSIDE
President’s message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Weingarten rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Field Representative Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Unit Negotiations Committee Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Are On-Duty Police Officers Protected against ‘Citizen Complainants?’ . . . . . . . . . . . . . 6
SEBA Board Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Californians deserve retirement security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Governor, Labor Gearing Up For Major Pension Showdown . . . . . . . . . . . . . . . . . . . . . . 9
Military Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Off-Duty California Peace Officers at the U.S. Border . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Big Bear Station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Brotherhood of the Badge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Ticket Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2004 tax deductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Memorials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Know your Legislator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Welcome New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Retirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Medical emergency leave donation requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Association Financials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Business Directory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
CALENDAR
APRIL
Sunday
3
Daylight Savings Time Begins
Wednesday
6
21
23-24
Passover
Wednesday
4
Thursday
5
Cinco de Mayo
• Inland Chapter PORAC Meeting, 6 p.m.
Castaways in San Bernardino
• Footprinters Meeting, Noon, Shandin Hills
Saturday-Sunday
Wednesday
SEBA Board Meeting
SEBA Board Meeting
Thursday
MAY
27
Administrative Professional’s Day
Sunday
8
Mother’s Day
Thursday
19
• Inland Chapter PORAC Meeting, 6 p.m.
Castaways in San Bernardino
• Footprinters Meeting, Noon, Shandin Hills
Saturday
Armed Forces Day
21
Monday
Memorial Day
SEBA Closed
30
The Star and Shield is the official publication of the Safety Employees’ Benefit Association published under the supervision of its Board
of Directors. Opinions expressed by writers do not necessarily reflect those of SEBA or any members of the Board of Directors. The
presence of paid advertising in this publication does not represent a guarantee, express or implied, by the Association, regarding the
merchants or service providers advertising herein. Subscriptions for non-members are $6.00 per year. Entered as third class bulk mail,
postage paid San Bernardino, CA usps 529.
SEBA Mission Statement
SEBA is dedicated to protect and promote the well-being and image of
its members in the areas of: Collective bargaining; Protection of member rights; Political action to promote the goals of the Association;
Services of benefit to the member; and Community involvement
PRESIDENT’S MESSAGE
By William Abernathie
f you don’t
know yet, I
have taken
over as President
of SEBA, effective
February 2nd. Our
past president had
been offered and
accepted a job
with the Treasurer’s office. Jim
resigned from the office of
President and put in his resignation with the Sheriff’s
Department because of that new
job. Guess what, our current
Treasurer, Dick Larson, the guy
who promised the job to Jim if he
was the most qualified, the same
Dick Larson who decided Jim was
the most qualified, withdrew the
offer two days before Jim was to
start working for him.
Fortunately, Sheriff Penrod
allowed Jim to rescind his resignation with the Sheriff’s
Department.
There was discussion among
the SEBA staff and Executive
board about hiring Jim as the
Executive Director for the
Association. That position had
been vacant for several years and
Jim had absorbed all of those
duties into his responsibility as
president. I felt it was important
for the Board of Directors to meet
and make this decision. I called
for a special Board meeting. It
was decided to “table” the motion
until additional research could be
performed to make an educated
decision about whether there was
a need for the position or not.
The additional information was
supplied to the Board of Directors
I
at our March 2nd Board meeting.
There was lively discussion about
the pros and cons of filling the
position. In the end, with a
majority vote, the Board of
Directors authorized the search for
and hiring of the most qualified
applicant for the newly named
position of Chief of
Administration.
It’s been a very busy month for
me. I thought I had a handle on
all the duties I would be responsible for. Boy was I wrong!! I am
learning quickly and getting
myself up to speed on all the
important issues including contract negotiations, which are in
progress with the Hazmat and
Probation Correction units. I
have met with Sheriff Penrod,
and spoken to several station
commanders since taking office.
It is my intention to personally go
to all the stations and departments SEBA represents. I have
also met with several politicians,
working towards building the
same type of relationship Jim had
with them.
The Richman Initiative
(ACAX1) is going forward. This
deals with the changing of our
retirement system from a defined
benefit plan to a defined contribution plan. The governor is collecting signatures for the Initiative to
be placed on the ballot during a
special election. DON’T SIGN
THE PETITION! This is a bad
deal for all of us. There will be
many more articles about this
issue coming out over the next
several months. Stay informed
about this very important issue.
There is one other thing that I
must relay to you, the members of
this Association. With everything else that has been going on
this month, I was promoted to
Sergeant. I am extremely happy
about the promotion, however it
does not change the fact that I am
now and will continue to be your
President. My probation as
Sergeant will not start until I
leave the office of President. I
have already heard from a few
members about their concerns of
having a Sergeant as their
President. My rank does not and
will not affect the way I represent
you. I will continue to work for
the betterment of the Association
and its various departments whose
members I represent. There may
be times when some of the members don’t agree with my decisions. Just remember, the decisions I make or the Board of
Directors make are for the good of
the Association. As I said when I
ran for the position of Vice
President, “If it’s right, it’s right.”
I will represent all of our members
to the best of my ability.
On another note, several
retired members have contacted
me about putting information into
the Star & Shield regarding
moves throughout the different
departments. As of the last printing, all new promotions, transfers,
resignations and retirements in
the Sheriff’s Department will be
put into the magazine. There will
be a few promotions and transfers
not reported due to the sensitivity
of the assignment. I am working
on obtaining the same type of
information for the other units
represented by SEBA. I think
that’s enough for now. Until next
time, “stay safe out there.” SEBA
SEBA
STAR & SHIELD 3
FIELD REPRESENTATIVE
Weingarten rights
By Nancy Tate
eingarten
rights
guarantee
an employee the
right to Union
Representation during an investigatory
interview. These rights, established by the Supreme Court in
1975 in the case of NLRB vs.
Weingarten, Inc. 420 U.S. 251,
must be claimed by the employee. The supervisor has no obligation to inform an employee that
he/she is entitled to Union representation.
W
What is an
Investigatory Interview?
An investigatory interview is
one in which a Supervisor questions an employee to obtain
information which could be used
as a basis for discipline or asks an
employee to defend his/her con-
duct. If an employee has a reasonable belief that discipline or
discharge may result from what
he/she says, the employee has the
right to request Union representation.
An employee must state to the
employer that he/she wants a
Union representative present;
the employer has no obligation
to ask the employee if he/she
wants a representative.
Weingarten Rules
When an investigatory interview occurs, the following rules
apply:
Rule 1 – The employee must
make a clear request for Union
Representation before or during
the interview. The employee
can’t be punished for making this
request.
Rule 2 – After the employee
makes the request, the supervisor
has 3 options; He/she must
either.
1) Grant the request and delay
the interview until the Union
representative arrives and has a
chance to consult privately with the
employee; or
2) Deny the request and end
the interview immediately; or
3) Give the employee a choice
of having the interview without
representation, or ending the
interview.
Rule 3 – If the supervisor
denies the request and continues
to ask questions, you must
answer their questions. After
each question, state on the
record that you are requesting a
union representative and you are
only answering the question for
fear of being insubordinate.
A standard statement to ask
your supervisor is:
“If this discussion could in any
way lead to my being disciplined or
discharged, I request that my Union
representative be present at the
meeting. Without representation, I
choose not to answer any questions.” SEBA
FIELD REPRESENTATIVE ASSIGNMENTS
Your Association has instituted a procedure of dividing up representation based upon your duty station. Should the need arise for representation, or if you have any questions
regarding your MOU or any other issues, please call the Association office at (909)885-6074 or (800)655-7322 and ask for your Field Representative listed below. Please note: If
you have a legal emergency after hours or on weekends, call the Association office and you will be connected with our answering service. They will contact the on-call Field
Representative immediately.
MARY BLANCO
Adelanto
Apple Valley
Apple Valley Fire
Barstow
Chino Hills
Communications – Desert
Coroner
Court Services – Victorville
Court Services – Rancho
District Attorney
Fontana
Hesperia
4
SEBA
STAR & SHIELD
Highland
Narcotics
PCO – West Valley
Probation – Victorville
Probation – Rancho/West
Rancho Cucamonga
Transportation
Victor Valley
Victorville
WVDC
NANCY TATE
Academy
Aviation
Big Bear
Big Bear Fire
Central Station
CDC
Colorado River/Needles
Communications – Valley
Court Services – Central
Court Services – Redlands
GHRC
HAZMAT
IRNET
Morongo
PCO – Central
Probation – Central/East
Scientific Investigations
Specialized Detectives
Twin Peaks
Welfare Fraud
Yucaipa
FIELD REPRESENTATIVE
Specialized Peace Officer and
Specialized Peace Officer Supervisory
Unit Negotiations Committee Update
By Mary Blanco
he
Specialized
Peace
Officer and
Specialized Peace
Officer
Supervisory Unit
Negotiations
Committee met on four separate
dates to review the results of the
contract surveys submitted by the
membership, and to prepare opening contract proposals based on
the results of the surveys. The top
issues mentioned in the survey
were retirement, pay increases,
and increased medical benefit
issues. However, surprisingly
enough, many of the issues mentioned were management issues.
A large number of the probation
officers complained about the lack
of adequate training, the constant
transferring of employees from one
unit to another, the lack of equipment, the need for workload standards to be addressed, and the
need for additional bilingual positions.
SEBA will be sending out a follow up survey to determine what
type of training and equipment
the members are requesting. The
transfer policy and workload standards are issues that will need to
be reviewed and addressed. A
proposal for additional bilingual
positions was one of the forty-
T
seven (47) proposals submitted, as
were proposals for increased pay,
retirement and medical benefits.
I would like to take this time to
clarify to the Probation
Corrections Officer and Probation
Corrections Supervisor series why
they were not included in the
recent survey. These members
were actually surveyed last year in
preparation for negotiations
believed to begin in the latter part
of 2004. However, those negotiations with the County never materialized. Therefore, these members
will now be included in the negotiations for the Specialized Peace
Officers and Specialized Peace
Officer Supervisory Unit. These
members identified the same issues
mentioned by the Probation
Officers. Two of the proposals for the PCO series are the
proposal for the post and bid
of vacancies based on seniority, and the request for a
$1000 signing bonus since
these members have been
working under a contract that
expired last year.
The Welfare Fraud
Investigators requested a
P.O.S.T. Certification proposal that was submitted by Cory
McCause. I have just mentioned but a few of the proposals that were submitted.
Each committee member
reviewed the results of the
contract surveys for their
peers and submitted a request for
numerous proposals. I want you to
know that these Negotiation
Committee members were excellent representatives. They worked
tirelessly to insure that your voice
was heard. When you see them,
ask them for an update on the status of negotiations, and don’t forget to thank them for their excellent representation! The negotiations team consisted of the following members: William Forester,
Central Juvenile Hall; Doug Feil,
West Valley Juvenile Hall; Eric
Vara, Central Juvenile Hall; John
Hurst, Welfare Fraud; Stuart
Osborne, Probation; Cory
McCause, Welfare Fraud; Andy
Avery, Coroner’s Office; and Dan
Ochoa, Probation. SEBA
SEBA
STAR & SHIELD 5
FEATURES
Are On-Duty Police Officers Protected By
Civil Harassment Statutes Entitling them to
Injunctions against ‘Citizen Complainants?’
Appellate Court Reverses Trial Court’s Finding that On-Duty
Cops Cannot Be Plaintiffs
Training Bulleting by Michael P. Stone and Marc J. Berger, Feb. 2005
ollenbeck Area gang officers have been
victimized over the last several years by a
woman who has several close relatives in
the “Big Hazard” gang in East Los Angeles, and
styles herself as a “community activist.” Guadalupe
Andrade has been engaged in a pattern of conduct
designed to intimidate or neutralize any
H
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Northern Office
2843 Manlove Road
Sacramento, CA 95826
(916) 362-4191
(800) 542-2247
6
STAR &
Southern Office
402 W. Arrow Hwy. #7
San Dimas, CA 91773
(909) 599-9329
(800) 451-2247
Hollenbeck officer who is active in gang investigations involving “Big Hazard.”
Officers Adrian Parga, James Lopez, Felipe
Pardo, Tony Perez, Francisco Macias, and their
supervisor Sergeant Michael Morrisseau, were
referred to us by the Hollenbeck Area Captain, Bill
Fierro, and by Los Angeles Police Protective
League Director Mitzi Grasso, and asked to take
any legal action that might be appropriate to
restrain that course of conduct. We assembled a
Complaint based on the civil harassment statute,
Code of Civil Procedure section. As relevant for
this case, section 527.6 provides that an injunction
can be granted to enjoin and restrain a “knowing
and willful course of conduct directed at a specific
person that seriously alarms, annoys, or harasses
the person, and that serves no legitimate purpose.”
The statute provides that “The course of conduct
must be such as would cause a reasonable person to
suffer substantial emotional distress, and must actually cause substantial emotional distress to the
plaintiff.”
The term “course of conduct” is defined by the
statute as “a pattern of conduct composed of a
series of acts over a period of time, however short,
evidencing a continuity of purpose, including following or stalking an individual, making harassing
telephone calls to an individual, or sending harassing correspondence to an individual by any means,
including, but not limited to, the use of public or
private mails, interoffice mail, fax, or computer email.” Finally the statute declares that,
“Constitutionally protected activity is not included
within the meaning of “course of conduct.” This
statutory definition obviously excludes free speech
Please see Harassment, p. 15
SEBA BOARD MINUTES
Regular Meeting Of The Board of Directors
March 2, 2005
CALL TO ORDER
The meeting was called to
order by President William
Abernathie at 1205 hours.
Pledge of Allegiance
Moment of Silence
SECRETARY OF THE
BOARD – K. RIEGEL
Recognize Alternates –
Motion by Roxanne Logan,
second by Bill Forester to appoint
Jason Grantham as the Alternate
Director Adelanto. Karen
Osborne withdraws Jeff Reece as
Alternate Director Probation
(West). Motion carries. Motion
2005-03M-11
Approve Minutes – February
2, 2005. Motion by Ken
Gopperton, second by Bill
Forester to approve the minutes
with the addition of recognizing
a letter presented to the Board of
Directors by Lon Jacobs. Motion
carries. Motion 2005-03M-01
Approve Minutes – February
8, 2005. Motion by Roxanne
Logan, second by Cory McCause
to approve minutes as submitted.
Motion carries. Motion 200503M-02
Swearing In of Secretary of the
Board – Motion by Robert Hards,
second by Dale Mondary to
appoint Kristen Riegel as
Secretary of the Board. Motion
carries. William Abernathie
swore Kristen Riegel in as
Secretary of the Board. Motion
2005-03M-12
PRESIDENT’S
REPORT – W.
ABERNATHIE
High Desert Jail – Opening
date for the new facility is
scheduled for October 2005.
Approximately 54 deputies will
be needed to staff the facility.
Projected Academy Classes –
28 deputies will be graduating
from the Academy in May 2005.
The next class, which will start
in June 2005 will have 60
students.
Exceptional Service Awards –
the Sheriff’s Department
announced the Exceptional
Service Awards will not be
presented this year. The awards
will now be awarded every two
years instead of every year.
Media Relations – San
Bernardino County Safety
Employees’ Benefit Association
has been contacted with regard
to the 29th Annual California
Peace Officers’ Memorial
Ceremony which will be held
May 5th- 6th in Sacramento, to
ask if anyone will be in
attendance for the ceremony.
Bill Abernathie proposed
providing funds to the Ives
Family to travel to Sacramento
and participate in the
ceremonies. Motion by Jon
Marhoefer, second by Robert
Johnston to provide no more
than $1,200.00 for airfare, meals,
and incidentals. Motion carries.
Motion 2005-03M-13
TREASURER’S REPORT
– C. MCKENZIE
Fund Balance Report 02/15/05
Budget Report 02/15/05
Current Budget Target 62.50 %
Current Revenue Ratio 58.40 % 4.10% Below projection
Current Expense Ratio 61.80 % 0.70% Below projection
Funds may have to be
transferred from the general funds
to building repairs & maintenance
to fix a leaking roof. Motion by
Dale Mondary, second by Robert
Hards to accept the Treasurer’s
Report. Motion carries. Motion
2005-03M-03
MEMBERSHIP
REPORT-W.
ABERNATHIE
Membership Status
Safety
1230 (-03)
Safety Management 170
(-01)
Safety Exempt
016 (+00)
Specialized)
630
(-03)
Specialized – Supervisory 106 (-01)
Special Districts
027
(+0)
General
059
(+0)
Firefighter
054 (+01)
Reserve
019
(-01)
Retired
578 (+14)
Total
2889 ( +7)
Bill Abernathie wanted to assure
all members that his promotion to
Sergeant, effective March 19th,
2005 will not affect any members’
representation. Abernathie will
Please see Minutes, p. 18
SEBA
STAR & SHIELD 7
Californians deserve retirement security.
Please don’t sign petitions to eliminate pensions
Californians deserve retirement security.
Carolyn Constantino, Public Relations Manager, California School Employees Association
Please
sign petitions
Visit
us on thedon’t
Web at www.csea.com
to eliminate pensions
Firefighters, teachers, police and other Californians who are
devoted to protecting our safety, educating our children and
taking care of our sick and elderly could be left without any
safety net when they retire.
Prohibits schools & firehouses from offering a secure pension
The ballot proposition that is being circulated would prohibit
traditional pensions for these public service workers, who
don’t even get Social Security.
While nearly 60 percent of retirees count on Social Security
for at least half of their income, this ballot proposition would
leave firefighters, teachers and police officers with only a risky
401(k)-style plan and no safety net for their families.
No death benefits for families of police and firefighters
This ballot measure would also strip away death benefits for
the families of the police officers and firefighters who put their
lives on the line everyday to protect us. That’s just wrong!
Helps Wall Street profit at the expense of Main Street
It would cost California at least $7.6 billion over the next 10
years to convert the retirement system into a 401(k)-style plan.
And that is just the beginning.
Not only will it cost the state more, but it will leave our public
service workers with too many risks for their family’s
financial security.
The average 401(k) investment lost 40 percent in the recent
stock market crash! Employees could lose their retirement
savings in risky investments, forcing their families to rely on
social services and costing taxpayers more in the long run.
Rather than eliminating retirement security for thousands
more, we should be trying to find ways to offer the safety
net provided by a decent pension to more people—so
everyone can live out their lives with dignity and security.
Please don’t sign petitions to eliminate pensions
8
SEBA
STAR & SHIELD
FEATURES
Governor, Labor Gearing Up
For Major Pension Showdown
He’s Pushing For Private Retirement Ideas
By Jim Waserman, Associated Press Writer,
Ventura County Star, Feb. 23, 2005
G
overnor Arnold
Schwarzenegger’s proposal
to overhaul the pension
funds that 2.1 million California
State employees have long depended on—by converting the funds
into plans resembling 401(k)s –
has teachers, firefighters and other
workers suddenly worried about
their retirement.
Under the proposal, which is
pitting the governor against government employee unions,
Schwarzenegger wants to replace
the nations’s two largest public
pension systems with private
retirement plans similar to the
401(k)s popular with businesses.
The proposal is designed in part
to make up for the shortfall the
pension funds have suffered in a
struggling stock market. Because of
subpar returns on their investments,
as well as enhanced retirement benefits approved during good times,
the state will be required to pay
$2.6 billion this year into its largest
pension fund, the California Public
Employees Retirement System, and
an additional $1 billion in the
teacher retirement system. Five
years ago, the state’s contribution
was $160 million.
Schwarzenegger, who fumes
that the pension system is “another government program out of
control,” has begun a campaign for
his proposal that could attract up
to $100 million in spending by
business and unions and come
before the voters in a special election this fall. His plan would steer
all new government workers to
individual investment accounts
after 2007.
Unions, pension fund managers
and their allies nationwide are
fighting the idea, calling it a
power grab designed to stifle the
growing influence of the nation’s
public pension funds, which collectively manage about $2 trillion
in assets. They warn of grim scenarios of ruined pensions and
impoverished future retirees cast
cruelly to the fates of the financial
markets.
While a poll conducted in early
January showed more than 60 percent of voters supported
Schwarzenegger’s idea, this was
before both sides started their
campaigns. And opponents,
including the state’s largest teachers union, say they are not backing
down.
“The greatest insult I feel about
it is he’s trying to balance the budget on the backs of California’s
working class,” said 12-year San
Francisco firefighter Tom
O’Connor. “I don’t think it’s suddenly fair to blame the employees
for having a decent pension.”
Schwarzenegger is prepared for
battle.
“There will be the unions and
the special interests fighting us,”
he told a Republican party gathering February 11. “Now we are
going to the source, right there
where all the evil is, and we are
going to fix this problem once and
for all.”
It’s not yet known how much
resemblance the plan will bear to
President Bush’s proposal to privatize Social Security, although both
plans envision separate accounts
for future retirees.
Many other states are also
struggling with gaps in their pension funds due to the stock market’s slump and higher payouts to
current retirees.
If Schwarzenegger’s plan
becomes a reality, California will
join at least three states, West
Virginia, Michigan and Nebraska,
as well as the District of
Columbia, that have made individual investment accounts
mandatory for many of their new
public sector hires. But Nebraska
dumped it’s private system in 2003
after a study showed that employees invested too conservatively
and typically received returns
nearly 5 percent less than the
state’s professional investment
managers.
Other states have voluntary private account plans, including
Colorado, Florida, Montana, North
Dakota, Ohio and South Carolina.
Still others have developed hybrids,
such as Oregon, which approved a
plan in 2003. SEBA
SEBA
STAR & SHIELD 9
MILITARY MATTERS
Members on Military Leave
Robert Brown,
Deputy Sheriff
Anthony
Buscemi, Deputy
Sheriff
Geffrey Cooper,
Deputy Sheriff
Richard Farrow,
Deputy Sheriff
Felix Huaman,
Deputy Sheriff
Family Pride
Honoring the military members of our extended SEBA family
HT4 Mark W. McDonald
U.S. Navy - USS Pearl Harbor. Son of John
McDonald, Welfare Fraud
Senior Airman Stephen C. Swerline, Jr.
U.S. Air Force. Son of Retired Deputy
Stephen C. Swerline
Sergeant Valerie Everhart
CA Army National Guard, daughter of
Victoria Everhart
SPC James L. Turton
U.S. Army In Uzbekistan. Son in Law of Jim
Dawson, Needles Station.
Staff Sergeant Robert Simendich
U.S. AF/Andersen AFB/Guam
Son of Lt. Robert Simendich, CDC.
MK1-lst Class Petty Officer Eugene R.
Cavenaugh
Coast Guard, San Juan Puerto Rico.
Son of Sgt. Patrick Cavenaugh,
Detectives
Charles Miller,
Deputy Sheriff
Shawn Grissom,
Probation
Corrections
Officer
Donald Mills
Deputy Sheriff
Dennis Hancock,
Probation
Corrections
Officer
Join SEBA’s “Family Pride”
o you have family members or loved ones serving in the War on Terrorism?
If so, and you would like to recognize them in the Star and Shield, please fill
out the questionnaire below and return it to SEBA. We will recognize your
family member in the “Family Pride” section of the Star and Shield.
D
Service Person’s Name
PFC James Barnett
U.S. Army, 3rd Infantry, Bagdad, Iraq.
Son of Helen Winters, retired deputy
AAE2 Chris Thomas
U.S. Navy, USS Kitty Hawk
Son of Mike Martinez, Probation
Officer, West Valley Juvenile Hall
Lance Cpl Sean LaCombe
U.S. Marine Corps
Edwards AFB, California
Son of Deputy Julie Park, West Valley
Detention Center.
Airman First Class Michael Simendich
U.S. AF/Hickham AFB, Hawaii
Son of Lt. Robert Simendich, CDC
PFC Stephen LaCombe
U.S. Army 158th Aviation Regiment
Currently en route to Iraq.
SPC. Anthony Alonzo
Son of Deputy Julie Park, West Valley
U.S. Army, First Cavalry, stationed in Iraq, son Detention Center.
of Deputy Daniel Alonzo, West Valley
Richard R. Jones III
Detention Center.
1st Lt. U.S. Air Force, fighter pilot
Son of retired Sheriff’s Sergeant
Ensign Daniel James Breeden
Richard R. Jones.
U.S. Navy, USS Decatur DDG73
Son of Lester Breeden, Retired,
SSG Dion J. Journey
Sheriff’s Dept.
U.S. Army, stationed in Afghanistan
Son of Detective Jay Journey,
Michelle Gaul, Builder 3rd Class
U.S. Navy Seebees. Daughter of
Specialized Detectives
Shelby Gaul, Detective
PFC Ryan Cardwell
Brenda Gaul, Dental Technician 2nd Class U.S. Army, Military Int. Corps. Son of
U.S. Navy. Daughter of Shelby Gaul,
Kimberly Cardwell, Supervising
Detective
Probation Officer.
Lance Corporal Christopher Martin
U.S. Marine Corps, serving in Iraq,
son of Detective Wayne Martin, SBSD
Criminal Intelligence.
10 SSEBA
TAR & SHIELD
James Landry,
Deputy Sheriff
Service Person’s Rank
Branch of Service
Your Name
Your Department
Your relationship to the Service Person
Your daytime phone number (this will be kept confidential)
Fax to SEBA at (909)381-9364, or email this information to mhahn@seba.biz.
Free Dues While You Are Deployed!
If you have orders for deployment in the fight against terrorism,
please contact the Association office. With a copy of your orders,
you may be eligible to have your basic Association dues waived
during the time you are away.
Just our way of saying “thank you” for taking the next step in
defending our national freedoms.
Care packages for members serving in the military
Do you want to get involved in sending care packages to SEBA
members who are currently serving our country in the military?
Well, YOU CAN! Once a month, SEBA will be sending care
packages directly to our members who are deployed either overseas
or in the United States. You can get involved by bringing to SEBA
or giving to your Station Director any of the following items: 1.
Personal care/sundries 2. AT&T calling cards (MCI doesn’t work
in some places) 3. Gift cards for WalMart, Sam’s Club or Costco
4. Disposable cameras 5. A letter from you!
GOD BLESS AMERICA!
FEATURES
Off-Duty California Peace Officers at the U.S. Border
Don’t Try To Out-Smart Federal Officers at San Ysidro
By Michael P. Stone, Esq., Training Bulletin,
December 2004
ver the years, we have handled some unfortunate
cases where off-duty peace
officers, while on vacation or on a
holiday, have been detained and
arrested coming across the United
States border from Mexico. Their
crime? “Alien smuggling.” The frequency of these arrests is certainly
not great; fortunately, they are
somewhat rare.
However, when off-duty cops are
caught in this predicament, they
uniformly express shock and disbelief: “Smuggling? They’ve got to
be kidding!” No, they are not kidding. This is serious…the
Government has charged you with a
felony…
Here, we are not concerned with
off-duty officers who have become
involved in calculated criminal
enterprise and conspiracy, leading
to attempts to smuggle contraband
drugs or undocumented persons
across the border for financial gain
(see: Title 8 United States Code
§1324 (a)(1)(B) which calls for 10
years’ imprisonment.) Any officer
who gets caught up in such a criminal enterprise cannot complain
when the Government and U.S.
Attorney prosecute him or her to
the fullest extent of the law. In
fact, you would probably say, “They
deserve whatever they get.”
Certainly, they will not be peace
officers any longer.
Rather, this article concerns lessspectacular, ill-conceived attempts
O
to bring undocumented persons to
the border because of friend or family relationships, or “Good
Samaritan” intentions, or just to
“party” on the U.S. side.
By way of example using a hypothetical case, an off-duty officer
agrees to help an intimate friend or
family member bring a non-citizen
friend or family member to the border, hopefully to pass under the U.S
Immigration radar, since all of the
persons in the car are U.S. citizens,
except for one. Usually, there is a
“story” agreed upon in advance, to
answer questions at the Port of
Entry if they are asked, about why
the one person has no papers with
him or her, or U.S. identification.
They don’t expect to be stopped
and questioned; but if they are, they
hope a concocted explanation will
carry it off. If that becomes a problem, “hey, well they’ll find out I’m a
cop, and it’ll be okay.” Rarely do
they calculate the possibility that
they will be arrested for alien smuggling. They don’t realize the crime
is completed, by bringing an alien
to the Port of Entry. They assume
that if they are challenged there,
and the alien’s status is discovered,
the alien will be turned back, and
the U.S. citizens will pass on
through.
In another variant, an off-duty
officer, accompanied by his friends
travels to Tijuana or Ensenada for a
weekend or on a holiday. They
check into a motel on the U.S.
side, and head across the Mexico
border for some nightlife and fun.
They meet young women in
Mexico, and after hours of drinking
and dancing, hatch a plan to bring
the women back across the border
“to have breakfast at Denny’s” (?)
Hmmm. Again, there might be an
agreement that the women should
not say anything – let the men (the
U.S. citizens) do the talking if necessary. “It’ll be okay because ‘we’re
just taking them to breakfast, and
we’ll take them back afterward.”’
Typically, the men claim they
believed the women are also U.S.
citizens, or that they are students at
some college in California. But
once they are waved into secondary
inspection, they are separated, and
the story disintegrates. The U.S.
citizens are arrested, booked and
locked up. The non-citizens are
detained, to be deported after they
are deposed on videotape (examined under oath) so their statements can later be used against the
citizen-defendants. In most cases,
these non-citizens agree to cooperate with the Government, and willingly testify that the off-duty officer
and his friends were aware that the
women had no permission or
authorization to be in the U.S, and
willingly relate all of the discussions
that were had among them as they
discussed what to say if they got
stopped at the border. The women
may portray themselves at the time
as intoxicated and passive-innocent
passengers who were being taken
somewhere for breakfast; it was the
men’s idea to cross into the U.S.
Under Title 8 United States Code
Please see Border, p. 14
SEBA
STAR & SHIELD 11
FEATURES
Big Bear Station
Ken Lutz
e’ve battled, fires,
floods, rain and snow!
Sounds like a new
Country-Western song. But the
Big Bear Station, located at an
elevation of over 6,700 feet above
sea level, is more diverse than all
others in the San Bernardino
County Sheriff's Department.
From a premier winter to the perfect summer playground in
Southern California, Big Bear has
it all.
Big Bear has City and County
patrol divisions operating with
mild summer temperatures and
freezing winter conditions of
snow, sleet and ice. Deputies
operate “code 3” with vehicles
equipped with tire chains for trac-
W
tion, wear the standard Class “A”
uniform, with additional layers of
thermal clothing and snow boots
to function at temperatures well
below freezing and then in the
summer season, the Marina
Enforcement Unit patrols the 22
miles of shoreline and waters of
Big Bear Lake in shorts and Polo
shirts.
Big Bear Station has very
active volunteers, which add to
the manpower in times of need.
Our volunteers work side-by-side
with the full-time personnel.
While the valley’s population is
listed at 21,775, weekends and
holidays can swell those numbers
to over 100,000 people. This
increase requires a huge team
effort on the part of the Big Bear
personnel.
DUES ALLOCATION POLITICAL ACTION FUND
The California Fair Political Practices Commission (FPPC) has established guidelines for
the collection and accounting of political funds by unions and other interest groups. That
portion of your dues that is used for political purposes must be specifically identified and
placed into a separate account. The amount used for political purposes is NOT deductible
on your federal or state income taxes as a union expense. You may elect not to pay into
the Political Action Fund.
Currently, the amount of dues allocated to the Political Action Fund is $15 per month. If you
elect not to participate in the Political Action Fund, complete the dues allocation form and return
it to the Association office. Your contribution will be redirected to the SEBA Charity Fund.
PAC DUES ALLOCATION
I am requesting that you do not place any portion of my monthly dues toward the Political
Action Fund maintained by the Safety Employees' Benefit Association. I understand that my
dues will not be reduced and instead will be redirected into the SEBA Charity Fund.
Date:_________________
Member Signature:____________________________ ID#:________________
SEBA, 555 N. E St., San Bernardino, CA 92401
12 STAR &
Support for Sheriff Penrod and
the Department comes from a
mix of businesses and citizens
groups. Close community ties
with a majority of personnel living in Big Bear for many years,
leads to a very productive law
enforcement environment.
The altitude is another factor,
which sets Big Bear apart. With
a thinner air density than the
Valley or Desert areas of the
County, the common use of 40
King is not always a resource
available to Big Bear. Also, due
to the terrain, 40 King is not able
to fly at night in the Big Bear
area. It is not uncommon for
Deputies to settle a domestic violence report and then respond to
a variety of animal calls, including bears, snakes, raccoons and
mountain lions found in the Big
Bear valley.
If you think Big Bear is a gono-where station, look at the list
of alumni which have passed
through it’s doors: Sheriff Gary
Penrod, former Sheriff Floyd
Tidwell, former Under Sheriff
Kendall Stone, former Assistant
Sheriff Chuck Follett, former
Assistant Sheriff Ernie De Laurie,
former Assistant Sheriff Gary
Huff, Assistant Sheriff Warren
Nobles, Deputy Chief Ron Perrot,
former Deputy Chief “Punch”
Ringhofer, Captains Ross Dvorak,
Virgil Merritt, Paul Cook, Joe
Cusimano, Lance Clark, Mark
Taylor, John Trumble and Greg
Bottrell to name a few.
Come to Big Bear, where “altitude is everything!” SEBA
Brotherhood of the Badge
By Michael Harris, Fresno POA, reprinted from PORAC News, Feb.
2005
he Brotherhood of the Badge project to send surplus police gear to Iraq continues. Since
November 2003, I have called for donations of
expired ballistic vests and other used equipment from
all corners of the state, and the response from agencies
has been great.
To date, more than 6,000 used ballistic vests have
been sent to the fledgling Iraqi police force working
side-by-side with our troops. A great number of those
troops are California Peace Officers who are serving as
reservists and guardsmen.
I have received many communications from troops
in the battlefield who tell me the flow of equipment to
them is slow. I am also told of the typical scenario in
which their winter cold weather gear arrives in July
when the temperature is 130 degrees.
Supplies to assist the Iraqi police are even worse.
This is not a criticism of the war effort, but in personally going to Iraq and seeing the backlog of logistics, it is
understandable why things operate in a slow fashion.
Helping to outfit the nation’s police force by the
means that we do business in our country, such as
“Contracts and Bids,” is a slow enough process, doing it
in a backward country on the other side of the globe
makes it worse.
The issue of product liability has been questioned by
several agencies that have donated their surplus equipment. To relieve those concerns, the city of Fresno has
entered into an agreement with Iraqi police officials,
who hold harmless all contributions to the project.
To further relieve any concerns, I have made efforts
to insure that all equipment sent overseas has no indicators as to what agency it hails from. I also keep no
records of who made the contributions.
The Iraqi police have been extremely appreciative
and reports of their effectiveness continue to come in.
The mere wearing of one of our cast off vests has bolstered their confidence and they will now “go through
the door first.” This is a definite plus for our troops.
The collection of the equipment is still through the
Fresno Police Officers Association, at 994 N. Van Ness
Avenue, Fresno, CA 93728, c/o Detective Michael
Harris at (559) 621-2451.
A secondary collection point for the Southern
T
California area is through Captain John Skipper of the
Redondo Beach Police Department. Equipment can be
forwarded to 533 N. Pacific Coast Highway, Suite B,
Box 524, Redondo Beach, CA 90277, or contact
Captain Skipper at (310) 379-2477, ext. 2656.
In conclusion, I would ask all PORAC members to
tug out their patriotic heartstrings and help me help
our troops in Iraq.
Get that old vest out of the garage and contact your
property rooms for all the old gear they have boxed up
which they would like to dispose of. No uniforms
please, the Iraqi’s have clothing, what they need is safety equipment.
Thank you all, and have a safe and prosperous
2005. SEBA
HAVE YOU
TRANSFERRED TO A
NEW STATION?
If you have transferred to a new Duty Station, please
complete the information below and return to SEBA.
This will help us to keep our database current.
NAME
COUNTY ID#
DEPARTMENT
NEW DUTY STATION
NEW STATION TELEPHONE
DATE
SIGNATURE
Fax to (909) 381-9364 or
mail to SEBA, 555 North E Street, San Bernardino, CA 92401
SEBA
STAR & SHIELD 13
Border
Continued from p. 11
§1324 (a)(1)(A)(iv) it is a felony to encourage or
induce an alien to come to or enter the U.S., which
may draw up to 5 years prison.
By this time, the off-duty officer and his friends have
already made various statements attempting to extricate themselves from criminal responsibility and
“knowledge” of the women’s true residency. But the
explanations are not convincing or even persuasive
compared to the circumstances and the testimony of
the women. There is the additional problem of false
statements to a U.S. officer, a federal crime as well.
The detained off-duty officer, of course, has an
obligation under most agency rules to notify his
employer. But, even if he doesn’t, the federal officers
will anyway. Usually, the agency will send its own
investigator to the location to gather information for
the administrative investigation. By now, the off-duty
officer realizes he is in a desperate situation. He must
locate and hire a criminal lawyer with expertise in
immigration and smuggling laws. He has to arrange for
bail. He is facing a felony charge. Nobody in the
Government seems to recognize that he is also a peace
officer, or seems to care. He is treated like every other
“criminal” caught at the border with drugs or non-citizens.
“Maybe there will be a plea-bargain; I can get a misdemeanor or even better, a deferral of judgment, and at
least I won’t lose my job!” The problem with this
thinking is that his employer will look at the case in
the following way: (1) Does the evidence suggest that
the officer “knew or should have known” that the person(s) he brought to the border were non-citizens and
not otherwise authorized? (2) Did the officer plan or
conspire to attempt to fool U.S. officers into believing
the person(s) were “legal” to cross? (3) Did the officer
make any false representations or statements to U.S.
officers? (4) Did the officer, when he was first asked
questions by a U.S. officer, tell the truth]? (5) Has the
incident brought discredit to the officer and the
agency? In the typical case, the officer is in trouble on
each of the five issues. The result is usually removal
from the job, regardless of the officer’s “good package.”
Even “coming clean” with his agency’s investigators
and accepting responsibility won’t help. The job is
gone.
But, he’s not done, yet. There is still the criminal
indictment to deal with. The cases are usually not
defensible, at least not enough to warrant going to trial
on a felony. True, maybe the Government will agree to
a misdemeanor plea, and not insist on time in prison.
But, keep in mind there are Federal Sentencing
Guidelines that have to be reckoned with.
A recent case disposition is indicative of the likely
outcome in a “typical case.” In return for the
Government’s agreement to forego the felony charge in
the indictment, and to file a Superseding Information,
the defendant agrees to plead “guilty” to a violation of
Title 8, United States Code §1324 (a)(2)(A):
On or about (date, within the Southern
District of California, (defendant), with the
intent to violate the immigration laws of the
United States, knowing and in reckless disregard
of the fact that an alien, namely, (name), had
not received prior official authorization to come
to, enter, and reside in the United States, did
bring to the United States said alien.
Please see Border, p. 16
14 SSEBA
TAR & SHIELD
Harassment
Continued from p. 6
activity from the reach of the
statute. Without this definitional safeguard, the statute would
eventually be held unconstitutional.
Factually, the officers signed
declarations under penalty of
perjury that detailed Andrade’s
conduct. The declarations recited specific instances by date,
time and place where Andrade
had filed numerous frivolous personnel complaints on which she
invariably refused to be interviewed. The declarations detailed
by date, time and place numerous
instances where Andrade had
engaged in conduct such as
blocking the officers’ entrance
and exit from the station with
her car, following officers leaving
the station in their personal cars,
photographing officers in the
course of performing their duties,
picketing, demonstrating,
encouraging neighbors to make
personnel complaints, and assisting them in completing and filing the complaints, and numerous other lesser similar annoyances. The effect upon an officer’s career of numerous personnel complaints she files will logjam the system, and eventually
drive Hollenbeck-gang officers to
seek to transfer to other assignments.
In court, Judge Haley
Fromholz took a decidedly dim
view of the plaintiff- officers’
case. The six plaintiffs arrived at
court and prepared to testify
regarding their own experiences
with Andrade. We had three
additional Department witnesses
lined up to testify to important
supporting facts.
Lieutenant Bea Girmala,
Sergeant Ray Castro and
Sergeant Hugo Gutierrez were
prepared to chronicle Andrade’s
refusal to be interviewed about
the personnel complaints, and
what the effect of her refusal
would be on an investigation.
These witnesses, as well as
Sergeant Morrisseau, would have
testified that when a complainant refuses to be interviewed to follow up on a personnel complaint, the complaint
remains pending and unresolved
indefinitely, where it hangs like a
cloud over the officer’s career
advancement. The pending personnel complaint counts against
the officer at the time of consideration for annual evaluation or
promotion. The Department
keeps track of the statistical
number of personnel complaints
against an officer, and that statistic can hurt an officer’s chance
for promotion without regard to
the lack of merit in the complaint, and the complainant’s
own efforts to impede prompt
resolution of the complaints.
The plaintiffs also sought to
give in-person testimony, to support their claims on several
important elements. The plaintiff’s would have given detailed
and dramatic testimony concerning emotional distress caused by
Andrade’s stalking behavior and
by the knowledge that the safety
of the officers’ families was also
imperiled by Andrade’s course of
conduct. The plaintiff’s would
have also given updates on the
ongoing nature of Andrade’s
harassing activities. The update
testimony would have been an
important ingredient in overcom-
ing any constitutional protection
that may have been granted for
the personnel complaints, and in
bringing the conduct current as
necessary to avoid being moot in
an injunction case.
Judge Fromholz, however, refused
to allow any witness testimony.
He ruled that most of the conduct alleged in the declarations,
especially the filing of personnel
complaints, was protected speech
under the First Amendment.
Even though there is no language
excluding police officers as a
class from the benefit of the
statute, Judge Fromholz reasoned
that §527.6 does not seem
intended for the protection of
police officers. He opined that he
believed the power to arrest
Andrade for resisting a police
office on duty under Penal Code
section 148 was sufficient protection of police interests. Having
found these several barriers to
our case, Judge Fromholz stated
he did not see how live testimony could overcome them, especially the First Amendment issue.
Judge Fromholz denied the
injunction, and ruled that the
live testimony that was offered
would be excluded on the basis
that regardless what the testimony would be, the evidence did
not meet the test of showing
conduct that had no legitimate
purpose, since most of the conduct was constitutionally protected free speech.
The officers appealed. Based
on precedents we cited at trial
and on appeal, the Court of
Appeal held that the trial court
in an action under §527.6 must
hear preferred relevant live testiPlease see Harassment, p. 23
SEBA
STAR & SHIELD 15
Border
Continued from p. 14
The Government agrees to move
to dismiss the indictment when the
officer is sentenced. But there is a
lot more. The officer must stipulate
to the “factual basis” for the plea—
usually a comprehensive statement
of facts showing knowledge and
intention combined with the act of
bringing the “alien” to the port of
Entry, with the intent to violate
immigration laws. He must agree
not to attempt to withdraw the
plea. He must acknowledge that
sentencing is up to the judge, after
a pre-sentence report by the U.S.
Probation Office. There are no
guarantees. He must declare under
penalty of perjury that the facts stat-
ed in the factual basis are true.
Finally he must AGREE TO
RESIGN FROM THE DEPARTMENT AND PROVIDE THE
GOVERNMENT WITH PROOF
OF HIS TERMINATION BEFORE
SENTENCING.
The “resignation” requirement is
not always imposed by the
Government in every case; that is,
plea agreements usually do not
require the officer to resign. But
our associate in San Diego, criminal
law specialist Jeremy Warren, Esq.,
says that misdemeanor dispositions
in these cases are increasingly difficult to obtain. So, the resignation
agreement may be the only way to
obtain a misdemeanor disposition.
But with the factual stipulation,
holding on to the peace officer’s job
would be highly doubtful anyway.
Under §1324(b)(1), any vehicle
or conveyance used to commit any
of these offenses “shall be seized and
subject to forfeiture.”
The rules that emerge are
these: (1) make sure when you
come back to the United States
from Mexico, you strictly comply
with all laws for persons coming to
the Port of Entry; (2) if you are
questioned by federal officers, do
not try to mislead or deceive them
in any way; (3) don’t think that
your position as a peace officer
will entitle you to any special
consideration, sympathy or concessions – it will not; (4) if the
violation is present, almost no
explanation will avoid arrest and
prosecution – almost always fatal
to your career.
Stay Safe! SEBA
TICKET PRICES
Aquarium of the Pacific
Adult . . . . . . . . . . . . . . . . . . $14.95
Child (3-11) . . . . . . . . . . . . $8.95
Magic Mountain
Adult . . . . . . . . . . . . . . . . . . $22.00
Child (3-11) . . . . . . . . . . . . $15.00
Disneyland/California Adventure
Adult$ . . . . . . . . . . . . . . . . . 42.50
Child (3-9) . . . . . . . . . . . . . $37.50
Pharaoh’s Winter Day Pass
(Expires 4/16/05)
Adult/Child . . . . . . . . . . . . . $7.99
(No cars or boats)
Disneyland Park Hopper
Adult . . . . . . . . . . . . . . . . . . $50.50
Child (3-9) . . . . . . . . . . . . . $40.50
Knott’s Berry Farm
Effective 12-24-04 to 12-31-05
Adult . . . . . . . . . . . . . . . . . . $23.95
Child (3-11) . . . . . . . . . . . . $14.95
Pharaoh’s Season Pass
(Expires 12/31/05)
Adult/Child . . . . . . . . . . . . . $29.99
(No cars or boats)
San Diego Wild Animal Park
Adult . . . . . . . . . . . . . . . . . . $20.00
Child (3-11). . . . . . . . . . . . . $14.25
Legoland
Adult . . . . . . . . . . . . . . . . . . $30.95
Child . . . . . . . . . . . . . . . . . $30.95
San Diego Zoo
Delux Adult . . . . . . . . . . . . . $24.00
Delux Child (3-11)$ . . . . . . . . . . . . . . . $14.75
(Includes bus tour and Skyfari ride)
Scandia Amusement Park
Unlimited Passport . . . . . . . $10.00
(Includes all rides, raceway,
Screamer, and golf).
Sea World
Adult . . . . . . . . . . . . . . . . . . $37.50
Child (3-11). . . . . . . . . . . . . $32.50
Universal Studios One Day Pass
(1/24/05 thru 6/30/05)
Adult/Child. . . . . . . . . . . . . . . . $36.00
Annual Pass . . . . . . . . . . . . . . . $48.75
Movie Theaters
CinemaStar . . . . . . . . . . . . . $5.00
AMC Theatre
General . . . . . . . . . . . . . . . . $5.50
Premier . . . . . . . . . . . . . . . . $7.00
(Valid for opening engagements)
Edwards, Regal, United Artist
General. . . . . . . . . . . . . . . . $5.50
Premier . . . . . . . . . . . . . . . . $6.50
(Valid for opening engagements)
Krikorian Theatres. . . . . . . . $6.00
All Sales Final • Prices subject to change without notice
2004 Tax Deductions
The following may be deducted as
Association dues on your 2004 tax returns.
These figures are based on a full year and include
ONLY the SEBA dues (and firefighter dues) and
PORAC dues portions of your overall deduction.
Pro-rate if you did not have a deduction
taken the entire year:
16 SSEBA
TAR & SHIELD
Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$507
Specialized Peace Officer . . . . . . . . . . . . . . . . . . .$507
HazMat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$507
Associate with PORAC . . . . . . . . . . . . . . . . . . . .$270
Associate without PORAC . . . . . . . . . . . . . . . . .$198
Reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$132
Firefighter – Big Bear City . . . . . . . . . . . . . . . . .$612
Firefighter – Apple Valley . . . . . . . . . . . . . . . . . .$252
MEMORIALS
CALIFORNIA PEACE
OFFICERS MEMORIAL
2005 In Remembrance
Officer Howard Stevenson
Ceres Police Department
EOW: January 9, 2005
Officer Manuel A. Gonzalez
Calif. Department of Corrections, Chino
January 10, 2005
Officer James Tutino
Los Angeles Sheriff’s Department
EOW: January 26, 2005
National Police Week: May 15-21, 2005
29th Annual California Peace Officers’ Memorial Ceremony: May 5-6, 2005
www.camemorial.org • camemorial@prodigy.net
Honoring Our Fallen Officers
SEBA
STAR & SHIELD 17
Minutes
Continued from p. 7
address this issue in the next issue
of the Star and Shield.
NEGOTIATIONS
REPORT – W.
ABERNATHIE
Probation Corrections Officer
Negotiations – San Bernardino
County Safety Employees' Benefit
Association has filed an unfair labor
practice (ULP) lawsuit. At the
time the ULP was filed, the ULP
was filed because the County did
not want to meet and confer with
the Probation Corrections Officers
(PCO). When the PCO’s came to
San Bernardino County Safety
Employees' Benefit Association,
they came with their existing
contract. The bargaining unit that
the PCO’s joined had a contract
that expired six months after the
PCO’s contract. San Bernardino
County Safety Employees' Benefit
Association was asking for a 6
month extension, but the County
would not agree to this. Since the
entire unit will begin negotiations,
San Bernardino County Safety
Employees' Benefit Association may
ask for a signing bonus for the
PCO’s.
Safety & Safety Management
Units – Hazard Pay / Motors – Still
being negotiated. San Bernardino
County Safety Employees' Benefit
Association asked for $3.00 per
hour, the County countered with
$1.00 per hour, SEBA will counter
with $1.75 per hour. SEBA hopes
to finalize an agreement before
negotiations begin.
Environmental Health Unit –
SEBA filed an Unfair Labor
Practice (ULP) against the County.
SEBA
18 STAR & SHIELD
Special Districts negotiated and
presented an offer that was taken
back to the membership.
Membership approved the tentative
agreement. But the Board of
Supervisors has not approved the
contract. It is anticipated that
additional offers may be made to
the unit. The unit agreed to a
medical subsidy, like what the
deputies are already receiving. A
new health plan was offered to the
unit, and the negotiation team
turned down the proposal.
P.O.R.A.C. REPORT –
W. ABERNATHIE
Five members from the Safety &
Safety Management Negotiations
team, will be attending a
P.O.R.A.C. Collective Bargaining
Training in San Diego March 8th,
9th, and 10th.
INSURANCE TRUST
REPORT – K.LUTZ
While reviewing the current
LTD policy, it was discovered that
by adding $1.50 to the current
premium being paid, death benefits
could be increased from $10,000.00
to $50,000.00. The Insurance Trust
will continue to investigate the
death benefit clause. The Living
Will/Trust is also being investigated
at this time.
LABOR REPORT –
N.TATE
Nancy Tate provided a summary
of all labor related actions taken on
behalf of SEBA, broken down by
bargaining unit.
OLD BUSINESS
Eligibility of Presidential
Election – Attorney Opinion – It is
the opinion of Steven Silver, with
the Law Firm of Silver, Hadden &
Silver, that Lon Jacobs is not
eligible to run for President. Jacobs
was present at the meeting and
addressed the Board asking the
Board to reconsider his request to
run for President. Past President
Jim Erwin reminded the Board that
the By-Laws, passed during the
February 2, 2005 Board Meeting,
would not allow Jacobs to run for
President. Furthermore, Erwin
informed the Board that Jacobs
asked staff to back date his
application for membership so that
he would be eligible to run for
President. The Board advised
Jacobs he could run for President in
three years.
Reclassification of the Positions
of Executive Director and Chief of
Staff. Motion by Robert Johnston,
second by Cory McCause to
approve the reclassification of the
position of Executive Director to
the new classification of Chief of
Administration and the position of
Chief of Staff to the new
classification of Chief of Labor
Relations. Approve the filing of
both positions consistent with
salaried hiring practices, and also to
approve the revised job description
for the classifications of Chief of
Administration and Chief of Labor
Relations. The vote was as follows:
22 yea, 12 nay, 0 abstain. Motion
passes. Nay votes were cast by the
following Directors: Andy Avery,
Dale Mondary, Jon Marhoefer,
Glenn Gwalthney, Paul Amicone,
John Johnson, Ray Santa Cruz,
Joshua Moody, Lauren Leichliter,
Tracy Klinkhart, Robert Boone by
proxy, and Maggie Finneran by
proxy. Motion 2005-03M-04
Please see Minutes, p. 19
Planning
NEW BUSINESS
Continued from p. 18
Ninth International Conference
of Gay and Lesbian Criminal
Justice Professionals - Motion by
Marie Spain, second by Roxanne
Logan to approve payment of
registration fees for only Ken Lutz
to attend the conference. Motion
passes. Motion 2005-03M-10
CONSENT
CALENDAR
The following items will be
approved at one time unless
removed for discussion by a member
of the Board. All removed items
will be taken up under item number
29.
Donation Request – Victorville
City – Sultana Football Booster
Club Motion by Andy Avery,
second by Karen Osborne to
approve a $500 donation to Sultana
Football Boosters Club. Motion
passes. Motion 2005-03M-05
Donation Request – Hesperia
Station – Hesperia High School
Athletics Motion by
Andy Avery, second by Karen
Osborne to approve a $500
donation to Cops N Jocks –
Hesperia Police Dept. Motion
passes. Motion 2005-03M-06
Donation Request – Executive
Board – Future Leaders Summit
Motion by Andy Avery, second by
Karen Osborne to approve a $500
donation to the Future Leaders
Summit. Motion passes. Motion
2005-03M-07
Donation Request – Big Bear
Station – Soroptimist International
Motion by Andy Avery, second by
Karen Osborne to approve a $1000
donation to the Soroptimist
International. Motion passes.
Motion 2005-03M-08
Donation Request – Executive
Board – VFW – Motion by Andy
Avery, second by Karen Osborne to
approve a $500 donation to the
Veterans of Foreign Wars. Motion
passes. Motion 2005-03M-09
ANNOUNCEMENTS
Next Board Meeting - 04/06/05
ADJOURN MEETING
OF THE BOARD OR
DIRECTORS
The meeting was adjourned at
1400 hours.
SEBA MINUTES OF
THE POLITICAL
ACTION
COMMITTEE, MARCH
2, 2005
President Bill Abernathie
called the meeting to order at
1400 hours.
Approve Minutes – February 2,
2004 – Motion by Roxanne
Logan, second by Cory McCause
to approve the minutes as
submitted. Motion passes.
Motion 2005-03P-01
Chairman’s Report – Dennis
Hansberger may be running for
County Board of Supervisor in the
upcoming election. Bill Emerson
may run for this position also.
Federal Political Action
Committee – Discussion regarding
Federal PAC contributions.
State Political Action
Committee - Joe Baca, Jr.,
Assemblyman, 62nd District Motion by Roxanne Logan,
second by Ray Santa Cruz to
provide $500 for debt reduction
from the recent election. Motion
does not pass. Abernathie will
follow up with communication
expressing why San Bernardino
County Safety Employees'
Benefit Association would not
donate $500. Once San
Bernardino County Safety
Employees' Benefit Association is
fully aware of Baca Jr.’s stand on
illegal immigration and Richman
Initiative, it may reconsider.
Bob Huff, Assemblyman, 60th
District – no motion was made.
Cory McCause, second by Darryl
Weart to have the ability to
transfer funds from State PAC
fund to the Ballot Measure
Committee in the future to
support defeating the Richman
Initiative. Motion passes.
Motion 2005-03P-02
Local Political Action
Committee - Council Member
Curt Hagman, Chino Hills –
Abernathie wants to speak with
the Chino Hills Commander and
Director to ask for guidance.
Rod Pacheco, Candidate for
Riverside Co. District Attorney –
SEBA Does not support
candidates outside of this
County. Motion by Cory
McCause, second by Karen
Osborn to have Abernathie draft
a letter of support for Pacheco.
Motion passes. Motion 200503P-03
Ballot Measure Committee –
Handouts were provided to Board
about the Richman Initiative.
ADJOURN MEETING OF THE POLITICAL
ACTION COMMITTEE
Meeting adjourned at 1430
hours. Motion by Roxanne Logan,
second by Cory McCause. SEBA
SEBA
STAR & SHIELD 19
KNOW YOUR LEGISLATOR
FEDERAL
President George W. Bush
Washington DC
The White House
1600 Pennsylvania Ave. NW
Washington DC 20500
(202) 456-1414 Switchboard
(202) 456-1111 Comments
Fax (202) 456-2461
president@whitehouse.gov
Senator Dianne Feinstein
Washington D.C.
331 Hart Senate Office Building
Washington, DC 20510-0504
(202) 224-3841
Fax: (202) 228-3954
senator@feinstein.senate.gov
Senator Barbara Boxer
Washington DC
112 Hart Senate Office Bldg.
Washington, DC 20510-0501
(202) 224-3553
senator@boxer.senate.gov
Representative David Dreier
26th Congressional District
2220 E. Rt. 66, Ste 225
Glendora, CA 91740
(626) 852-2626
Representative Jerry Lewis
41st Congressional District
Senator Bob Dutton
31st Senatorial District
1150 Brookside Ave. #J5
Redlands, CA 92373
(909)335-9155
State Capitol, Room 305
Sacramento, CA 95814
(916) 445-3688
senator.dutton@sen.ca.gov
Representative Gary Miller
42nd Congressional District
1800 E. Lambert Rd., Ste 150
Brea, CA 92821
(714) 257-1142
Representative Joe Baca
43rd Congressional District
Senator Nell Soto
32nd Senatorial District
State Capitol, Room 5108
Sacramento, CA 95814
(916) 445-6868
senator.soto@sen.ca.gov
201 North “E” Street
San Bernardino, CA 92401
(909) 885-2222
Assemblymember Kevin McCarthy
32nd Assembly District
STATE
Gov. Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
(916) 445-2841
(909) 680-6860
Fax: (916) 445-4633
www.governor.ca.gov
governor@governor.ca.gov
Assemblymember Bill Maze
34th Assembly District
Senator George Runner
17th Senatorial District
State Capitol, Room 5082
Sacramento, CA 95814
(916) 445-6637
senator.runner@sen.ca.gov
State Capitol, Room 3104
Sacramento, CA 95814
(916) 319-2032
Representing Mojave
State Capitol, Room 2002
Sacramento, CA 95814
(916) 319-2034
Representing Barstow
Assemblymember
Sharon Runner
36th Assembly District
State Capitol, Room 6031
Sacramento, CA 95814
(916) 319-2036
Representing Adelanto, Victorville
Assemblymember
Dennis Mountjoy
59th Assembly District
State Capitol, Room 3141
Sacramento, Ca 95814
(916) 319-2059
Representing Apple Valley, Hesperia,
San Bernardino
Assemblymember
Robert Huff
60th Assembly District
State Capitol, Room 5164
(916) 319-2060
Representing Chino Hills
Assemblymember Gloria Negrete
McCloud
61st Assembly District
4959 Palo Verde St. Ste 100B
Montclair, CA 91763
(909) 621-2783
Representing Chino, Ontario
Assemblymember
Joe Baca, Jr.
62nd Assembly District
State Capitol, Room 2196
PO Box 942849
Sacramento, CA 94249-0001
(916) 319-2062
Representing Bloomington, Colton,
Fontana, Rialto, San Bernardino
Assemblymember Bill Emmerson
63rd Assembly District
State Capitol, Room 6026
Sacramento, CA 95814
(916) 319-2063
Representing Fontana, Grand
Terrace, Highland, Loma Linda,
Rancho Cucamonga, Redlands,
Upland, San Bernardino
Assemblymember Russ Bogh
65th Assembly District
34932 Yucaipa Blvd.
Yucaipa, CA 92399
(909) 790-4196
Fax: (909) 790-0479
Representing Big Bear City, Yucaipa
COUNTY
San Bernardino County Board of
Supervisors
County Government Center
685 N. Arrowhead Ave., 5th Floor
San Bernardino, CA 92415
District 1 – Bill Postmus
(909) 387-4850
Apple Valley Fax:
(760) 247-6628
Barstow Fax: (760) 256-4994
Twenty-nine Palms Fax:
(760)361-8579
District 2 – Paul Biane
(909) 387-4833
San Bernardino Fax:
(909) 387-3265
Rancho Cucamonga Fax:
(909) 945-4037
Wrightwood Fax:
(760) 249-3149
District 3 – Dennis Hansberger
(909) 387-4855
San Bernardino Fax:
(909) 387-3018
District 4 – Gary Ovitt
(909) 387-4866
District 5 -Josie Gonzales
(909) 387-4565
20 SSEBA
TAR & SHIELD
WELCOME NEW MEMBERS
Marcus Mullen
Firefighter
Apple Valley Firefighters
Richard Gomez, Jr.
Probation Corrections
Officer
W.V. Juvenile Hall
Eddie Perez
Deputy Sheriff
West Valley Detention
Center
Mary Ann Carney
Deputy Sheriff
West Valley Detention
Center
Henry Pena
Deputy Sheriff
West Valley Detention
Center
Aaron Rodriguez
Deputy Sheriff
West Valley Detention
Center
Daniel Helmick
Deputy Sheriff
Central Detention Center
Joel Camp
Probation Officer II
Probation Morongo
Roberta Alvarez
Probation Corrections
Officer
West Valley Juvenile Hall
Zerrick D. Campbell
Probation Corrections
Officer
West Valley Juvenile Hall
RayLynn T. Hall
Probation Corrections
Officer
West Valley Juvenile Hall
Robert Moreno
Probation Corrections
Officer
West Valley Juvenile Hall
Harold Olivo
Probation Corrections
Officer
West Valley Juvenile Hall
MEDICAL EMERGENCY LEAVE
DONATION REQUESTS
CORINA
AGUILERA,
MUSEUM
BELISARIO
BOLANOS,
SHERIFF’S DEPT.
ELIZABETH
BRIANO-STEVENS,
HSS
MELODY CATLETT,
ARMC
JAMES
CONSALVO,
SHERIFF’S DEPT.
PATRICIA CRONIN,
HSS
JULIE DEITEL,
ARMC
LINDA DOAN,
SPECIAL
DISTRICTS/FIRE
IRENE DUNKEL,
HSS
HOLLY EFFIOM,
PUBLIC WORKS
KAREN EMERY,
SHERIFF’S DEPT.
SHARON ENOS,
ASSESSOR
FRANCES GERDO,
HSS
THERESA GREERQUIJADA,
ARMC
KATHLEEN
HEWITT,
SHERIFF’S DEPT.
CAROLYN JARVIS,
BEHAVIOR
HEALTH
JACINTA LAGMAN,
ARMC
PATSY LAVENDER,
ARMC
SANDEE LEWIS,
HSS
JOSEPH MACIAS,
ARMC
PATRICIA
MCCARTER,
PUBLIC HEALTH
JULIE MCCARTY,
PROBATION
ZARENOS
MERRITT,
DA
NATASHA
NEPOMUCENO,
TREASURER /
CENTRAL
COLLECTIONS
DISEP OBUGE,
PUBLIC HEALTH
MARIA CRISTINA
REYES, ARMC
SHAKIMA
ROWLAND,
HSS
LYNN RUSSIKOFF,
BEHAVIOR
HEALTH
KATHLEEN
SANCHEZ,
PROBATION
DAVID SCHAACK,
ARMC
BRET SORENSEN,
DA
JENNIFER
SOWARDS,
JESD
GUADALUPE
SUTTON,
ARMC
SHARON UNGER,
SHERIFF’S DEPT.
ELEONORA
VELAZQUEZ,
SHERIFF
ISMAELITA
VILLAROMAN,
CHILD SUPPORT
MICHELLE WARD,
HSS
MARY WATSON,
SHERIFF
FLEDA WHITE,
MUSEUM
County employees wishing to donate vacation, holiday or compensatory time-off hours may do so in 8-hour
increments. Please see your department payroll clerk for filling out a Medical Emergency Leave Donation Form.
Jesse Owen Sherratt
Probation Corrections
Officer
West Valley Juvenile Hall
Shane C. Suarez
Probation Corrections
Officer
Probation Heart Bar
Lorena Zavala
Probation Corrections
Officer
West Valley Juvenile Hall
RETIREMENTS
Ben Boswell
Sergeant
Twin Peaks Station
22 years
Wayne Johnson
Deputy Sheriff
Court Services Rancho
32 years
Allan Foreman
Detective
Apple Valley Station
25 years
Peter Schielke
Probation Officer III
West Valley Services
21 years
SEBA
STAR & SHIELD 21
ASSOCIATION FINANCIALS
TREASURY(AS OF 2/28/05)
OPERATING BUDGET
(AS OF 2/28/05)
Operating
Accounts
Income
General Operating
General Reserve
$10,821.35
$308,923.89
Insurance Clearing
Arch Wireless Deposit Fund
$4,445.70
$9,432.22
Holding
Accounts
Restricted
Accounts
$609,131.10
$48,031.77
Total Income
$657,162.87
Donation Expense
Building Repairs and
Maintenance
Dues and Subscriptions
Equipment
Building Note
Media Relations
Office Insurance
Office Supplies
Postage
Professional Services
Taxes and Filing Fees
Telephone
Utilities
Newsletter Subsidy
Executive Auto
Staff/Board of Directors
Pagers
Member Death Benefit
Expense
Financial Assistance
Member Retirement
Benefits
Scholarships Awarded
Employee Health Benefits
Employer Payroll Taxes
Employer Retirement
Contributions
Employee Salaries and
Wages
Employee Auto Allowance
Board of Directors
Executive Board
Training
Other
President
$340.00
$11,894.49
Expense
Charity Accounts
Education Fund
Widow/Orphan Fund
Legal Defense Fund
$102,335.46
$455.97
$167,149.96
$411,164.72
Political
Accounts
Political Action Committee
Independent Expenditure
Committee
Ballot Measure Committee
Slate Mailer Organization
Committee
$126,010.40
$7,868.52
Insurance Trust/Peace
Officer's Relief Fund
$1,814,817.23
$3,091.94
$8,804.23
Trust
Accounts
Total
Membership Income
Other Income
$2,975,321.59
Total Expense
Find us on the web at
www.ipa-usa.org
22 SSEBA
TAR & SHIELD
Net
Operating
Surplus
$7,851.86
$23,174.46
$25,780.28
$0.00
$28,129.74
$36,162.65
$11,068.09
$22,696.34
$4,851.24
$15,385.04
$12,641.90
$27,347.37
$16,543.51
$2,364.45
$3,657.32
$3,200.00
$14,388.37
$1,600.00
$42,329.24
$22,849.24
$49,094.61
$259,949.47
$18,761.49
$4,110.28
$2,776.37
$32,832.69
$3,072.70
$5,973.63
$710,826.83
-$53,663.96
BUSINESS DIRECTORY
To advertise
in the
Business
Directory,
call (909)
686-7575.
For Rent
Lake Havasu condo, beautiful, near water, $70 per night, 2 rooms, will accommodate 6, no pets,
covered car port, fully furnished, cable and phone. Bill and Julie Bussey, 760-948-0969.
Income Tax Preparation
Helen Winters, Retired Deputy (951) 735-4611
Specialty – Returns for SEBA Families
Harassment
Continued from p. 15
mony, and that it erred in refusing to do so here. On the substance of the action, the Court of
Appeal found, “the pleading does
allege courses of conduct, some
of which may avoid First
Amendment protection, evidencing a continuity of purpose,
which served no legitimate purpose and which seriously
alarmed, annoyed or harassed the
individual petitioners.”
Morrisseau v. Andrade, Second
Appellate District docket no.
B172407, filed January 19, 2005,
slip opn. At 15-16. The Court
ruled, “ These allegations fall
directly within the language of
section 527.6.” Id. At p 16.
Remanding for trial, the Court
recognized that “Whether the
courses of conduct alleged are
privileged under the First
Amendment is certainly a significant issue be addressed, but only
after evidence has been
received.” Id. At p. 16.
The rule for you emerging
from this opinion is that you may
be entitled to a restraining order
or injunction against any individual who engages in a harassing
course of conduct against you,
even while you are on duty and
in the course and scope of your
employment. Such a course of
conduct would include acts that
impede the performance of your
duty in ways that, while they may
fall short of a criminal violation,
nevertheless threaten your emotional well-being or cause you to
fear for the safety of yourself or
your family, unnecessarily jeopardize your ability to protect the
public safety, or unduly penalize
you in your career advancement,
or result in other highly undesirable manifestations. If you find
yourself being subjected to stalking or other conduct that resem-
bles the conduct of Andrade in
this case you should keep very
detailed documentation of the
conduct, as well as documenting
your own reactions to it and the
reactions of anyone affected by
it. There is no certainty that an
injunction will result from any
given set of facts that seems to fit
within the bounds of the appellate opinion, and in that way,
discover the boundaries and
extent to which the civil harassment statute may be counted as
another weapon in the police
officer’s arsenal. SEBA
Porac LDF I.A. Rules
Always consult with an association representative/ lawyer before
responding to any report, letter, memo and/or questions concerning
an investigation which could possibly lead to punitive action. If
ordered to do so ask to have it recorded and read the following:
NON-WAIVER STATEMENT
“I have been refused the right to have a representative of my
choice. I understand that I am being ordered to make a report or
answer questions and that if I do not comply with the order, I may
be disciplined for insubordination. Therefore, I have no alternative
but to abide by the order. However, by so doing, I do not waive my
Constitutional rights to remain silent under the 5th and 14th
Amendments to the United States Constitution, under the
protections afforded me under case law.”
SEBA
STAR & SHIELD 23
Come Ride To Sacramento For The California Peace Officer’s Memorial
May 5th and 6th
oin the Law Enforcement Motorcycle
Association as they ride to Sacramento to
honor California’s fallen officers killed in the
line of duty in 2004. The Candle Light Vigil is
on May 5th and Memorial Service on May 6th. If
you would like to make the ride to Sacramento,
you can meet up with us at any one of five stops.
Bikes will have an easy-to-spot blue ribbon. We
will be leaving from the 210 Freeway and Foothill
Blvd. in La Verne at the Denny’s parking lot at
0730 in the morning, May 5th.
1st Stop: Fraizer Park and the 5 Freeway at
the Arco Gas Station
2nd Stop: Flying J Truck Stop North of
Bakersfield at Merced Ave.
3rd Stop: Ave. 280 at the Shell Station in
Visalia area
J
4th Stop: Avenue 18 in Madera at the Pilot
Truck Stop
5th Stop: Ripon Jack Tone Exit, at the
Chevron Station.
Last Stop: Rancho Cordova just outside
Sacramento
For Hotel Reservations, call Retika at
Hallmark Suites at (916)638-4141 or the Best
Western at (916)635-7559 and ask for Karla. For
a discounted rate please tell them it is under the
name of “Law Enforcement Motorcycle
Association,” or (L.E.M.A.)
For more information please contact: Bill
Fuller at (714)330-1504 (cell), Armando Tapia
(909)770-2068 (cell) or Bob McMurrich
(951)288-8799. (cell) SEBA
FORM
California Resident Income Tax Return 2004
Make a
Difference
Support the California
Peace Officer Memorial
Safety Employees’ Benefit Association
555 North E Street
San Bernardino, CA 92401
'
CA
A Peace
e Officerr Memorial
Foundation
n Fund………………………………
540
$10.00
PRSRT STD
U.S. POSTAGE
PAID
Permit No. 529
SAN BERNARDINO, CA