Code 3-Final July 2008

Transcription

CODE
T H R E E
A Palm Beach County P.B.A. Official Publication
VOLUME 24 NUMBER 3
P U B L I S H E D Q U A RT E R LY F O R M E M B E R S
July 2008
Palm Beach County PBA
Awarded Over $103,000 in
Scholarship Funds in 2008!
(See story, photos and thank you notes on pages 22-27)
T H E V O I C E O F PA L M B E A C H C O U N T Y L A W E N F O R C E M E N T O F F I C E R S
President’s
Message
John Kazanjian
W
ow, this year’s PBA’s scholarship awards topped a
whopping $103,000! That’s right! We were able to
distribute that much scholarship monies to our PBA members’
children, who have committed to the journey of higher education. The students will need a lot of help to offset the rising cost
of education that they and their families will encounter. We are so
proud of them; they all did a great job in their interviews. The
PBA established the PBA Charity Fund four years ago, and with
our tireless efforts fundraising, we have been able to raise well
over $600,000. The PBA will continue to solicit funds from our
generous donors in order to help those in need.
Elections: we have finished our political screenings for the
upcoming elections. The PBA knows how important it is that
every member get involved in the elections. Two races, in particular, will see us deeply involved. They are the School Board and
the Palm Beach County Sheriff’s races. We will need volunteers to
assist with our rolling billboard and on Election Day, to help staff
the voting precincts.
Finally, I would like to thank everyone that attended our
Inaugural Police Officers’ Ball. It was a great success, and I am
sure everyone that attended had a great time. We are currently
planning the Officers’ Ball for 2009 and we will keep you
informed as to the details as soon as they are available.
Be safe and have a great summer.
Officers of the Month - March 2008
School Police Officers James O’Connor and Dean Wells
Nominated by: Det. Bob Walton, School Police PBA Rep
Officers James O’Connor and Dean Wells responded to
the Palm Beach Gardens High School media center regarding
a student having a seizure. Upon arrival, they found a 16 year
old male student laying motionless. After assessing the situation and called for the Paramedics, they realized the student
was not breathing. Officer Wells began CPR and Officer
O’Connor called for the AED. The student was hooked up to
the AED which indicated the necessity of electrical shock
which was administered by Officer Wells. The procedure
worked temporarily and the student began to breathe on his
own only to again stop breathing. A second shock was
administered and CPR was continued. Palm Beach Gardens
Fire Rescue arrived and administered a third shock. The student was transported to St. Mary’s Hospital and admitted in
critical condition and unconscious. The student was then
transferred to Jackson Memorial Hospital where after a few
weeks, he is able to walk and eat on his own. The quick
actions by these officers allowed this student to survive.
Officers of the Month - March 2008
School Police Officers James O’Connor and Dean Wells
ARE YOU
CURRENT?
Have you gotten married or divorced?
Officer of the Month - April 2008
Delray Beach Officer Adan Pacheco
Nominated by: Delray Beach Sgt. Scott McGuire
Officer Pacheco began searching for a Nissan Murano or
similar type vehicle that had been involved in a homicide the
Had a baby?
Changed numbers or address?
Please contact Suzanne at the PBA Office at
(561) 689-3745
to update your information.
The PBA is not notified of changes made
within your department.
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Officer of the Month - April 2008
Delray Beach Officer Adan Pacheco
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Officer of The Month Continued
previous day. Officer Pacheco pointed out in a briefing session that a suspect vehicle
(Mazda CX-7) had been involved in numerous burglaries a day earlier seemed to
match the homicide vehicle description. Due to his diligence, Officer Pacheco continued to search for this vehicle and eventually, conducted a traffic stop on the Mazda –
the burglary suspect vehicle. He arrested the driver for driving while license suspended and possession of narcotics.
Officer Pacheco notified the Investigative Division as to the possibility of the vehicle in being involved in the homicide, in addition to informing them of the fact that
the driver appeared to have a fresh haircut with his dreadlocks gone possibly in an
attempt to change his appearance after the homicide. Subsequent to the investigation,
it was revealed that the suspect did commit the homicide and was charged with 1st
degree murder. Through Officer Pacheco’s initiative, persistence and diligent effort to
locate this vehicle, a dangerous and violent criminal was removed from our streets and
is currently awaiting trial.
Officer of the Month - May 2008
West Palm Beach Officer Jay Donde
Nominated by: West Palm Beach Sgt. Chris Roaf
The Sun Trust Bank on Village Blvd was robbed at gunpoint by three suspects
who stole thousands of dollars from the bank and its employees after terrorizing the
bank employees at gunpoint. The suspects fled the bank and jumped into a blue
Dodge Ram truck. Officer Donde began patrolling the area and observed a grey
Mercury Grand Marquis with several occupants in the vehicle. When he passed the
vehicle it immediately turned the opposite direction that he was heading. Officer
Donde observed that when the occupants glanced at him, they appeared very nervous. Officer Donde pulled the vehicle over and noticed the occupants matched the
description of the robbery suspects. The front seat passenger was very nervous and
sweating (it was a cool day) and was immediately taken out of the vehicle. Back up
arrived and the other occupants were removed from the car.
Following further investigation, it was found that these suspects had committed
the bank robbery. All the money and property taken from the bank was recovered,
along with a firearm that was used. Due to Officer Donde’s keen observations in spotting the vehicle and assessing its occupants, the suspects were apprehended. These
suspects have also been implicated in several other bank robberies in the area.
Officer of the Month - May 2008
West Palm Beach Officer Jay Donde
HAVE YOU MADE YOUR NOMINATION?
Submit the names of your nominees before the end of every month.
Send your submissions to Gail@pbcpba.org
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PA L M B E A C H C O U N T Y P B A
EXECUTIVE BOARD
John Kazanjian, President
Ernest W. George,
Executive Director
Rick McAfee, Vice-President
Lou Penque, Treasurer
Vinnie Gray, Secretary
Bob Odell, Sgt.-at-arms
Gary Lippman, General Counsel
Larry Fagan, Legal Counsel
BOARD OF DIRECTORS
BOYNTON BEACH
Toby Athol
Frank Ranzie
Kelly Harris
Craig Anthony
Henry Diehl, Alt
Doc Davis, Alt.
DELRAY BEACH
Adam Rosenthal
Rod Stevenson
Paul Weber
Scott McGuire
Sal Arena, Alt.
Joseph Hart, Alt
FAU
Darren Courtney
GREENACRES
Josh Silvey
Joseph Rendueles
Dylan Vaughan, Alt.
JUNO BEACH
Tom Nicholson, Appt.
JUPITER
Chris Smith
Jason Levinstein
Jeffrey Bernstein
Mike Lilienfeld, Alt.
Quinn Harris, Alt.
LAKE WORTH
Mike Medelsberg
Randy Collier
Rich Frankiewicz
Bill Evans, Alt.
Ralph Brillinger, Alt.
LANTANA
Troy Schaaf
Chris Decker, Alt.
MARTIN COUNTY SO
Bruce Pinkman
Doug Moore
Mike Ferguson
Michael Dougherty
Thomas Neild
Brian Bergen, Alt.
Richard Parks, Alt.
Check out our
website
www.pbcpba.org
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MARTIN COUNTY SO CORRECTIONS
Jackie Gore
Warren Rogers, Appt.
Tommy Randazzo, Appt.
Christina Bardzinski, Appt.
NORTH PALM BEACH
Damian Izquierdo
Rob Coliskey, Alt
PBSO Site Reps Cont.
John Sylvester
Kelly Whittles
PALM BEACH COUNTY
SCHOOL POLICE
Bill Lammie
John Hawes
Bob Walton
Harry Rawlings
James Wilkerson, Alt.
Rick Saxe, Alt.
Greg Cafaro, Appt.
PALM BEACH COUNTY
SHERIFF’S OFFICE
CORRECTIONS
Jerry Sneed
Tammy Bussey
Pete Tartaglione
Willie Powell
Jeff Jackson
Sandra Nealy, Alt.
Will Pinto, Alt.
DJ Dowling, Appt.
Patrice Quinn, Appt.
PALM BEACH COUNTY
SHERIFF’S OFFICE
Paul Vrchota
Dan Burrows
Mike Antonopoulos
Charles Nicastro
Ray Griffith
Terry Maguire, Alt.
Kevin Igo, Alt.
John McGuire, Appt.
John Navarro, Appt.
Rich Diberardino, Appt.
PBSO Site Reps
Mark Alexander
Rick Barnett
Patrick Bolton
Stanley Cale
Ron Cohen
Darren Curci
Tim Daly
Greg Fernandez
Bill Gale
Stan Jackson
Ray Jimenez
Dean Johnson
Jason Johnson
Tom Lunney
Pat Lynch
David McCormick
Rick McDermott
Jesse Miller
Ryan Mugridge
Barb Olson
Dennis O’Rourke
Michael Ott
Emory Payne
Margaret Picerno
Jeff Pomerantz
John Rivers
Rick Ruffolo
Jay Shears
Steven Sherman
Darren Stinnet
C O D E
PBSO Corrections Site
Reps
Willie Blackmon
Calvin Robbins
Beverly Morrison
PALM BEACH GARDENS
Bob Odell
Richard Geist
Greg Allen
Cecil Wagner, Alt.
Jim Shackelford, Alt.
PALM BEACH SHORES
Tom Clark
Michael Simmons, Alt.
PALM SPRINGS
Rusty Lee, Appt.
Sean Grant, Appt.
STUART
Tammy Farnham, Appt.
TEQUESTA
Charlie Weinblatt
James Pike, Alt.
WEST PALM BEACH
Louis Penque
Troy Marchese
Ed Thomas
Brian Gaudette
Matt Bessette
Chris Roaf, Alt.
Tony Lutz, Alt.
Rick King, Appt.
Mike Leas, Appt.
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Board of Directors Meeting
Attendance - 6/11/2008
WELCOME NEW MEMBERS
MARCH
Matthew Martel - PBSO
Joshua Plant - PBSO
Hwanwoo Choi - Stuart PD
Richard Serra - Stuart PD
Nancy Plaza - Palm Beach PD
Tasha Toppin - Palm Beach
PD
Mary Adams - Juno Beach
PD
Rafael Hernandez - Palm
Springs PD
Latoya Rouse - PBSO Corr.
Gilbert Lopez - PBSO Corr.
Ronald Paiva - PBSO
William Testa - School Police
Michelle Ferrara - Atlantis PD
Christopher Armanini - PBSO
Jonathan Belyeu - PBSO
Ronald Boiuso - PBSO
Quincy Defreitas - PBSO
Charles Rhoads - PBSO
Thomas Rodriguez - PBSO
Franklin Schofield - PBSO
Samantha Ward – PBSO
APRIL
Terry Jones - Delray Beach
PD
Richard Schaut - FAU PD
Cheree Tolley - MCSO Corr.
Patrick Auger - Manalapan
PD
Frank Felicetti - School Police
Carl Schelling - School Police
Michael Donovan - Lake
Worth PD
Tamica Hanks - PBSO
Tracy Boggs - School Police
Sheila Haywood - PBSO Corr.
James Piatak - MCSO
Gary Leblanc - Palm Beach
Gardens PD
Josias Emilcar - Delray Beach
PD
MAY
Amanda Allaire - West Palm
Beach PD
Edward Burke IV - MCSO
Corr.
Kaydeen Hutchinson - PBSO
Corr.
Luis Skeberis - Delray Beach
PD
Rebecca Wright - PBSO
Todd Baer - Lake Worth PD
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MAY (continued)
Jack Garman, Jr. - MCSO
Craig Long - Lake Worth PD
Horace Thompkins Jr. PBSO Corr.
Adam Ballou - PBSO Corr.
Lawrence Change - PBSO
Corr.
Honray Fairclough - PBSO
Corr.
James Hester Jr. - PBSO
Corr.
Marvin Hubert - PBSO
Alexander Mccollum Jr. PBSO Corr.
Saida Michel - PBSO Corr.
Christopher Nebbeling - West
Palm Beach PD
Matthew Parks - Manalapan
PD
Daniel Juliani - PBSO Corr.
JUNE
Brenda Gray - PBSO Corr.
Geral Ramirez - PBSO
Michael Bryant - PBSO
Chrysantha Robinson - West
Palm Beach PD
John Weiss - Palm Beach PD
Zachary Boyd - Palm Springs
PD
Anthony Hammer IV - Palm
Springs PD
Chad Knowles - Palm
Springs PD
Jacob Mayfield - Palm
Springs PD
Courtney Parker - Palm
Springs PD
Dustin Campbell - West Palm
Beach PD
Cathy Cognetti - West Palm
Beach PD
Sidney Fitz-Coy - West Palm
Beach PD
Glen Meyer - Riviera Beach
PD
Eric Morris - West Palm
Beach PD
Gerrit Moore - Palm Springs
PD
George Suarez - Palm
Springs PD
Shane Studer - North Palm
Beach PD
Page 5
Some Rights Among The Wrongs
Submitted by Gary Lippman, General Counsel
T
here’s some good news to report here. A few weeks ago, an
armed carjacking of an elderly woman resulted in a vehicle
pursuit and capture, with a hail of bullets intervening. (That’s
good, but not the good news). Also captured, by patrol car video
cameras and officer microphone packs, was the entire incident;
from initial lights and sirens to the last shot fired. (Getting closer).
Your author arrived at the scene, swarming with officers and
supervisors, including a Major. Upon receipt of an initial account
of events while standing nearby the involved vehicles (blue lights
still flashing on the patrol cars), I asked about on-board videos;
specifically, if the equipment had been operational, and if the officers and I would be permitted to view the videos before statements
were requested. To my surprise, no furrowed brows, no wringing
of hands, no telephone calls, no deliberations, no rationalizations,
no hesitations in the response: “Sure!” Hard drives immediately
were pulled from the two (2) involved patrol cars and slid, like little drawers, into a computer at headquarters for review by the officers and me; and that’s the good news.
Why is that remarkable? Because over the last few years a sea
change appears to have been occurring, fairly characterized as
running the gamut from a reluctance in some parts, to a full-blown
refusal in another, to permit officers’ review of available videos of
their incidents before being questioned about those incidents. To
the extent that courts of law permit witnesses (including law
enforcement officers!) to refresh their recollections while testifying
in judicial proceedings, it just seems logical to provide an officer
the opportunity to review the best available evidence of his or her
conduct before testifying in investigative proceedings; especially
so in “critical incidents,” and here’s why.
“Critical incidents” are the culmination of officers’ split-second decisions. A very recent study by Thomas J. Aveni, of the
Police Policy Studies Council, focused on police officers’ deadly
force decision-making process. “The MMRMA Deadly Force
Project: A Critical Analysis of Police Shootings Under Ambiguous
Circumstances” (Aveni, February, 2008). While the focus of the
study was the ultimate decision to shoot (the “micro-behavioral
components” of the decision), some of the study’s findings are
material to our focus, here. First, and foremost, Aveni found that
the participants in his study had to decide whether to shoot “within a window in time that generally averaged less than .35 seconds.” (It just took you more time to read the short section I quoted than you’ll have to make your own life or death decision). The
second finding material to our focus here actually was collateral
for Aveni. Having structured his project to permit participants’
review of their actions in the various scenarios prior to completing
a questionnaire/ “Debrief Form” addressing why they did whatever they did, Aveni noted: “When participants opted not to review
a video replay of their performance they typically had difficulty
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remembering many of the situational and behavioral elements
embedded in those scenarios.” (Emphasis added).
But it is precisely those “situational and behavioral elements,”
or “cues” (processed by the brain in less than a second!) that
inform the officer’s threat analysis and simultaneously animate his
or her action (or inaction). And the officer’s ability after-the-fact to
reiterate comprehensively all those “cues” to which training and
experience have attached reflexive responses, will inform somebody else’s decision as to whether the shooting was justified. The
problem is that officers’ split-second threat analysis often is the
product of what has been referred to as the “threat focus;” the narrowing attention to suspects’ hand(s) with “hidden” or “unknown
objects” and/or their “furtive movements.” This “threat focus,” by
its very purpose and definition, sorts through, discounts or otherwise excludes extraneous or peripheral elements at the scene in
that same split-second.
It stands to reason, therefore, as Aveni suggests, “that what is
suppressed or filtered out of the ‘input’ (perceptual) process will be
unavailable (or unreliable) for retrieval at a later time.” Stated
another way: observations the mind actually processes but discards
as less significant/threatening in the heart-pounding micro-second
race against sudden death, likely will not gain significance, if they
are recalled at all, when the officer is asked to recount why he or
she fired; albeit, those “elements” were part of “the picture” (i.e.,
what the officer was seeing) before the trigger pull. At the same
time, the mind’s exposure to traumatic events itself causes perceptual distortions and can occasion what psychologists call “associations” (i.e., the connecting or correlation of facts/events that may
be coincident, but are not related at all), among other phenomena.
Ironically, two (2) of the best examples of the foregoing things
come from fairly recent experiences at the very Agency which had
denied officers an opportunity to review videos before receipt of
their accounts. One involved an officer directed to generate a
report with regard to an incident in a holding area under surveillance. There, an unhandcuffed arrestee swung at the officer and
then wound up on the floor, to be handcuffed again. Directed to
write a report without the benefit of the video, the officer’s account
of the incident included that the arrestee had swung at the officer,
whereupon the officer recounted pushing the arrestee to the
ground and applying handcuffs. When the surveillance video was
made available during the professional standards investigation, it
was clear: the arrestee did swing at the officer; and, the arrestee
did wind up on the floor and was handcuffed there. However, the
officer did not push her to the floor; the momentum of the
arrestee’s roundhouse in combination with the inebriation resulted in her falling to the floor, herself. The officer had nothing to do
with the arrestee’s acquaintance with the linoleum!
So, did the officer file a false report? Did the officer deliberately draft a less “favorable” public record of the conduct?
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The second example arose from a critical incident resulting in
a justifiable fatal shooting. In that one, a shirtless male swinging a
machete and shouting threats was confronted by a couple of officers; one of whom deliberately positioned his vehicle to capture the
incident on the dash-cam, in anticipation. Denied the opportunity
to review the video before giving a statement, the officer’s account
included the following: that the suspect stopped momentarily in
response to the officers’ presence (if not their repeated commands);
that the suspect then looked at the officers; that the suspect then
raised the machete and walked quickly towards one of the officers;
and, that the officer took a couple of steps back and then fired.
When we were able to review the video after the officer’s statement, what was revealed was: that the suspect did stop momentarily; that the suspect did look at the officers; that the suspect did
raise the machete; but that he charged at the officer (not
“walked”); and, that the officer jumped back completely out of the
picture while firing.
So, did the officer give an untruthful statement? Did the officer deliberately give a less “favorable” account of the conduct?
(These are not trick questions).
Distilled to its essence, this is all about whether “investigations” are for the purpose of determining what occurred, and why
the officers responded as they did. If we are in agreement as to that
purpose, it seems to me that purpose is served best by permitting
officers to review everything recorded about the incident, so as to
reacquaint them with as many of the situational and behavioral
realities they observed and processed in the split-second before
their reactions.
The argument that by denying officers’ review of readily available video/audio records, their accounts will be pristine, more
forthright or otherwise free of any appearances of impropriety
(“untainted”) exalts form over substance and, in my own experience, results in public records of conduct more likely to be incomplete and inaccurate. That argument also is at odds with recent
research; thanks to Tom Aveni.
As a result of our own situational and behavioral experiences
in investigations, this office has forwarded to Tallahassee yet
another proposed amendment to §112.532, F.S.:
Whenever photographs, video or audio recordings, global positioning or computer electronic data relating to the
investigation exist, have been reviewed by, or reasonably
are available for review by, the subject officer’s agency, all
such matter shall be presented for review by the officer
subject of the investigation, along with legal counsel or
any other representative of his or her choice prior to the
beginning of the investigative interrogation.
POST SCRIPT: The Agency subject of our “good news” in this
installment is the Boynton Beach Police Department. Kudos to
Chief Immler, Major Briganti, the Boynton PBA Reps and the men
and women responding to the calls; taking care of business the
right way.
North Palm Beach News
We have experienced several changes in the first half of the
year. Obviously, some of these changes are good, and some are
not. Staffing remains a hot topic; we have lost five officers since
the beginning of the year due to resignations, terminations and a
retirement. Even though we do not like to see people go, it does
create opportunities for others. We currently have two new officers and a recently promoted sergeant and lieutenant. Some of our
squads are still short, but this has generated numerous overtime
slots which I know many have taken the opportunity to fill.
Hopefully, these slots will be filled soon in order to reduce the
burden on those of us on the road.
The CALEA inspection has finally concluded. We passed with
flying colors based on the inspectors’ exit interview. This is a great
display of how our Agency comes together when it needs to get a
particular task accomplished. Many citizens also expressed their
gratitude when given the opportunity to speak about our
Department. I believe this is due to the professionalism displayed
by our personnel when dealing with the public. I anticipate that
everyone will maintain their high standards and professional
demeanor in order to continue to provide our excellent level of
service to the Village.
For all those who may not know, we should have a new 800
MHz radio system in place. We have been waiting for a new system for years, and it seems that it will soon become a reality. This
is an officer safety issue, so I would like to thank the staff for making this a priority.
Now, I would like to take this opportunity to speak about the
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elephant in the living room; AKA the pension plan. As you all
know, the pension is the only re-opener in our current Contract,
which expires in September of 2009. The reason we left this article open is due to the various issues pertaining to the pension
plan as a whole. Many may not know this, but there are about a
dozen or so individuals involved with the pension. This has created an enormous obstacle in negotiations. I do not know if this
was intentional or not, but it is very difficult to plan around
everyone’s schedule, which in turn stalls pension meetings and
negotiations. Like many past issues, I believe this issue will be
resolved, but it is very difficult to say when and to what extent.
The current budget cuts, which include possible layoffs, do not
help our situation, either. Fortunately, Public Safety is not on
the list for layoffs, but these cuts will influence how the Village
will spend on future benefit enhancements. I am asking everyone to be patient; the pension has probably not seen an enhancement in decades, so please do not think that all of our pension
problems will be resolved overnight. I, like everyone else, want
this issue resolved as soon as possible. Remember, I also benefit
from the pension. Please feel free to approach me if you have any
questions pertaining to the pension; I have been dealing with
this issue for about a year now, and I should be able to answer
your questions. I would also like everyone to review the Union
bulletin board periodically, as I will post important items from
time to time.
Submitted by: Damian Izquierdo, North Palm Beach PBA Rep
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PBSO News
By the time this Code Three is sent out to our members, it
will be about four months to election. As family members of
the Sheriff’s office, we all have to show our support for Sheriff
Ric Bradshaw. Let’s all start telling the public who is the best
person for the job. I really can’t believe there’s anyone who will
disagree with me on this matter. He’s turned this Agency
around and put us with the times, so for this, we owe him this
respect. We all know times are getting bad. We can’t blame
him. There are two people who I blame and they are
President Bush and Governor Christ. Cutting taxes hurt a lot
of working class people. This war should be stopped. We lost
enough young men and women due to this war. Sheriff
Bradshaw is and will always be there for us. He knows what
the people of Palm Beach County need and knows how to get
the job done. It’s time now to give him whatever he needs. As
of now, I don’t know who is running against him. To tell you
the truth, I can’t believe anyone will. How can they make this
Agency any better than it is now? Of course, there are always
that 1% who think differently. So people, when the time
comes, please don’t turn your backs. Remember united we
stand, divided we fall. We know who and what we have. We
don’t know what we will get. I thank you again.
Submitted by: Charles Nicastro, PBSO PBA Vice-President
Palm Beach Shores News
Congratulations are again in order for Officer Sean Alex
and Officer Steve Deck. Because of their efforts, training, and
experience they have been assigned as the new Department
Detectives.
Work on the new Contract is going well, and the hope is
that that trend will continue. Mayor Mills and I have met over
a number of issues with positive outlooks for each side. The
FRS pension and the issues with Principal are still open, but
we have been told that by mid-July all funds due the members
should be paid out and/or directed to a financial plan at the
members’ request.
Detective Steve Deck lost his grandfather this month. Our
prayers and condolences go out to him as his grandfather was
his source of strength and inspiration after the loss of his
father at a young age.
Officer Vince Walasek is dealing with some health issues
that have kept him out of work for a number of weeks, and
we are hoping for a recovery that will get him back on the
street to fill the large void his absence has caused.
Our number of part-time dispatchers is at an uncomfortable low and we are actively looking for applicants. In the
meantime, the current dispatch staff is doing a great job at
keeping the shifts covered.
Remember: Live simple, Love generously, Care deeply,
Speak kindly - Leave the rest to God.
Be Safe Out There...
Submitted by: Officer T. Clark, Sr., PBA Representative
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Boynton Beach News
First off, I would like to express my thanks to the PBA
committee members for making the First Annual Police
Officers’ Ball a success. What a great time! The event was fantastic and I’m looking forward to attending next year. For
those of you who did not attend, you not only missed a great
time but great food, great conversation and great entertainment. The memorial ceremony was well put together and gave
the utmost respect to those that gave the ultimate sacrifice. Job
well done people!
Now back to Boynton. I don’t normally complain about
much around here but lately I’ve noticed something in regards
to details. Listen, the economy is bad enough and I don’t need
to get into that discussion, but when a client hires us to do a
job for them and the job doesn’t get done, they tend to look
elsewhere. With that said, if you sign up for a detail, you are
there to work, not talk on the phone or not show up or not
cover it or whatever. All it takes is for one person to screw
something up and it affects us all. It’s not like the phone is
ringing off the hook with prospective clients wanting our services. Bottom line, you sign up for a detail, you’re there to
work, so do it!
Uniform Services has recently changed the way we patrol
our streets from zone to sectors. I’ve heard both good and not
so good things around the hallways. As a cop, change is
always a difficult thing to embrace, however, it is the will of
this administration to do this, and your concerns can always
be heard at the Chief’s quarterly Quality Circle meeting. It
doesn’t mean anything will change, but at least there is a
forum in place for you all to be heard without fear of
repercussions.
I also serve on the City’s Health Insurance Committee,
and I can’t say it looks pretty. We are currently looking at making some changes to make our health insurance dependant
coverage a little more affordable. This is in no way an easy task
as this problem is on the national level. All I can say is that the
plans the City offers are great plans, but they are becoming
unaffordable. Rest assured we are trying our best to find something equivalent to what is currently offered, but I know not
everyone will be happy with what is eventually decided. If
anyone has any suggestions, please feel free to contact me.
Your input is always greatly valued.
In regards to the new Police Facility, I’m told it is still a go
under the City’s Capitol Improvement program and is currently in the planning and development stage. If all goes well you
should see the results in a couple of years.
Today we were all informed of the new changes to the
DROP plan and I’ve got to say WOW! Should you decide to
take advantage of this when the time comes I’m sure you will
all be very comfortable in your retirement. Kudos to the BBPD
Pension Board members for their diligent work in accomplishing this task.
Well, I think I’ve covered it all, so as always, stay safe out
there!
Submitted by: Sgt. Craig Anthony, PBA Rep
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Lake Worth News
The City of Lake Worth is currently negotiating with the
PBSO to contract police services with the City. The potential is
there for this to be an excellent law enforcement partnership.
The City of Lake Worth would benefit greatly from the assets
that PBSO has to offer. PBSO would get a group of hardworking, dedicated LEO’s that just want to catch bad guys & need
the assets to do it. The future of successful law enforcement is
going to be a large metro police department. Whether the City
of Lake Worth and other cities will recognize this remains to
be seen. But with crime on the rise and government ability to
pay for police services on the decline, consolidation makes
sense for everyone involved. The American way of life is deteriorating, and keeping the Centurions divided by political and
geographic boundaries will only further the decline of our
society.
Submitted by: Sgt. Mike Mendelsberg, Lake Worth PBA Rep
School Police News
It is about that time when we have to think about bargaining again. After the last couple of years, everyone has a
right to be a little angry and discouraged. However hard it is,
we must remain optimistic and continue to fight on. Please
forward all ideas that you have for the upcoming contract to
one of the Reps so that we can put a package together that represents what everyone wants to see included. We will continue to include tuition reimbursement, longevity, bereavement,
Glades Supplement, personal vehicle use and, of course,
salary. Please start sending in your suggestions.
Another important event is the upcoming School Board
Election. We all need to be involved to make a significant
change on the School Board. Our activities in the spring have
brought us an overwhelming amount of support from other
Labor groups, and civic organizations. Candidates have
sought us out and want our support. In the past, it was not
uncommon for School Board members to run unopposed;
that has changed this year. We plan on a group effort by all
the Labor groups that represent School District employees, to
make a change in this election. The entire Palm Beach County
PBA membership is behind us 100%, as is the State PBA. We
are planning on having a members’ meeting in the near future
to discuss our plans. You will be notified by mail of the meeting. If anyone has not been receiving their Code 3 or other
mail-outs from the PBA, please call Suzanne at the PBA and
make sure your mailing address is correct.
I want everyone to know that the Department of Labor
Relations has assured me that our payroll schedule will not
change this year. We will continue to receive 26 equal pay
checks.
Submitted by: Bob Walton, School Police PBA Rep
Lake Worth News
We would like to take this time and welcome back
Officers Steve Robertson and Scott McAndrew to the ranks of
the Lake Worth Police Department. Both have completed their
Field Training and now are assigned to road patrol duties.
Also, over the last several months several officers have
graduated from the Palm Beach Community College Criminal
Justice Police Academy. Here is a list of the officers: Officer
Bobby Dail, Officer Carl Jolimeau, Officer Charles Johnson,
Officer Christian Padilla, Officer Diane Christian, Officer
Giselle Winer, Officer Jonathan Mock, Officer Joshua Eley,
Officer Justin Clayton, Officer Mark Lozano, Officer Michael
Donovan, Officer Timothy Rebholz, Officer Daniel Weiner,
Officer Dennis Soto, Officer Javier Santos and Officer Devin
Zuchowski.
The above listed officers have completed their Field
Training Program and have been assigned to road patrol
duties, or are in the final phase of their training.
Officer John Tatum should be recognized for being selected as the best Overall Officer in his class; job well done.
Officer Javier Santos should be recognized for being the
Top Shooter in his class; job well done.
Officer Joshua Eley should be recognized for earning the
highest grade average in his class and receiving the Academic
award; job well done.
Good luck in the future to all the officers listed above,
and be safe.
Submitted by: Sgt. William Evans, PBA Rep
The more things
change, the more they
remain the same.
T
he following quote from an anonymous Police Officer was
found in a book published in 1906 called “Guarding The
City” by then NYPD Police Commissioner William McAdoo.
“Go down tomorrow and tell the District Attorney that you
have a charge against a policeman and every assistant will be
fighting to see which will get you into his room.
“Go down to the newspaper offices tomorrow and tell them
you know something to the credit of the police and watch the janitor getting you into the elevator as quick as he can...”
As much as things change, that’s how much they remain the
same.
Submitted by: Charlie Weinblatt, Tequesta PBA Rep
To Contact the PBA Office: (561) 689-3745
Visit Our Website at: www.pbcpba.org
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MCSO News
Martin County Sheriff’s Office PBA Reps Mike Ferguson,
Brian Bergen, Tommy Neild, Bruce Pinkman and Mike
Dougherty met candidates being endorsed by the PBA. They
met with Commissioner Lee Weberman who is running as a
candidate for re-election to the County Commission, District
3. Commissioner Weberman stressed to the Reps the importance of our voters getting to the voting precincts and bringing a friend with them. In addition to Commissioner
Weberman, the PBA is endorsing Doug Smith for re-election
to the County Commission District 1 and, of course, Sheriff
Bob Crowder for re-election as Sheriff.
Stuart News
“It’s just a scare tactic.” I think everyone has heard this
phrase. I think everyone understands what it means. I think
everyone has felt the impact. I know we have felt the impact
of the property tax cuts here in Stuart. Our City has been hit
very hard by budget cuts, and it looks like there is no end in
sight. Just a week ago, we were given notice to cut another
$120,000 from the budget. Where is that going to come
from? We have already cut everything down to the coffee
service! What’s next? Equipment, supplies and uniforms
have been reduced. We just hope that we don’t lose any
officers.
The City of Stuart and the PBA have been at impasse since
October 2007. The City has proposed that all merit raises be
frozen until further notice. The Union disagreed and the issue
went before an arbitrator. The City argued that all City of
Stuart employees have lost merit increases and will receive a
merit bonus. The City further said that it would not be equitable to allow the PBA to receive merit increases. The PBA
argued that the job of a police officer is not the same as other
positions within the City and, therefore, should not be
lumped together. There are no other employees within the
City who are expected to respond to dangerous situations or
wear a bullet resistant vest every day. The arbitrator agreed
with the PBA. The matter then went before the City
Commission. They decided to impose the proposal and further stated that the proposal would be retro-active to Oct. 1st,
2007. The PBA General Counsel researched this and found
that the City could not “take back” merit pay already awarded
unless the PBA ratified the Contract proposals. We are now
voting on the issue and expect to reject the proposal.
Unfortunately, the City will impose the merit “bonus” on the
PBA and no further merit increases will be awarded.
And if that isn’t bad enough, the City just notified the officers that there will be a fuel surcharge for take-home vehicles.
Officers will also be required to carry ENOA insurance coverage for take home vehicles. (For those of you who don’t know
what that is, it is insurance coverage for a non-owned vehicle).
The City has decided that they will not be liable for ANY accidents that occur outside the City jurisdiction, regardless of
whether or not the member is driving to or from work.
When will it end? Oh, and has anybody actually saved
any money on property taxes?
Submitted by: Tammy Farnham, Stuart PBA Rep
PBSO SCHOLARSHIPS
PAYROLL DEDUCTIONS
PBSO has set up a payroll deduction for the PBA Charity
Fund, Inc. If you are interested in giving towards this worthy
cause, please contact the PBSO Payroll Department and a
request a payroll form.
If you have any questions regarding the payroll deduction,
call Kaz at 689-3745.
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Integrity Check
W
ebster’s definition of integrity is: Strict adherence to a
standard of value or conduct, personal honesty and
independence. I have heard many define integrity as what you do
when no one is looking. If the latter is true of many, we have
allowed our personal conscience to deteriorate to the point where
pride and ego win out over truth and what is ultimately right.
Check yourself! Your word is your bond. Once your word is
no longer trustworthy, what do you have? We all err. It’s how you
respond and learn from those errors that makes the difference. Do
you accept responsibility for your mistakes? Or do you blame others in an effort to get the heat off of you? Do you make a concerted effort to adjust your thinking when you realize you have erred?
Or do you continue on the same destructive path? Do you tell
untruths in order to keep your pride intact, not fully realizing the
residual effect it may have on others. We all have Codes of Ethics
which we are to adhere to; they are put into practice to keep us
honest. They are the standards and values we live and work by.
Business aside, our integrity or lack thereof is a personification of who we’ve allowed ourselves to become. Do we want to be
known as honest hearted? How do we want to be known? Do
we conduct ourselves in a professional manner? Do we seek to
maintain high standards regardless of the situation? Are we able
to accept the consequences of the errors that may be made? Or
are we satisfied to be known as someone who lacks humility
because of our own haughtiness. Are we unwilling and incapable
of being truthful because we have bought into our own deceitfulness? Whatever your responses are to these questions, be ready to
accept the consequences whatever they may be.
Just remember… Integrity is Everything or Nothing at all!
Submitted by: Sgt. Patrice Quinn, PBSO PBA Rep
Know Your Rights!
If you are under investigation, remember, as a law
enforcement officer, you have rights. They include:
THE RIGHT . . . to have a PBA representative present during an interview
THE RIGHT . . . to know who's in charge of the
investigation
THE RIGHT . . . to know what the charges are and
the name of the person bringing the charges
THE RIGHT . . . to have the interview at a reasonable time and for a reasonable length of time
THE RIGHT . . . to have any interview tape-recorded from start to finish
THE RIGHT . . . not to be threatened, bribed or to
have to listen to offensive language
THE RIGHT . . . not to be forced to resign
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Get Involved
I
have used this space in the past to call attention to the (past)
Administration for not treating all of us fairly, to the membership for not getting involved, and to point out the need to perform
our duties properly on details. I am going to continue in this vein
and once again call on ALL PBA MEMBERS to GET INVOLVED!
Some will say they are afraid of being thrown out of the PBA
if they say something the leadership doesn’t like! I say that is nonsense! If you say something that is untrue, malicious or simply
wrong, expect that the article will not be published, and the
President will call you on it, but you will NOT be kicked out of
the organization! As I said in previous articles, membership can
be revoked, but only on “Just Cause,” which generally involves
working actively against the organization as a whole. It then
requires the members (through the Board of Directors) to vote on
a properly presented motion, after a hearing called to address the
issues, at which the subject(s) of the vote MAY provide a defense
or explanation for their action(s). You will not be dismissed simply because you say something that you believe in!
Now, how does one become involved? To begin with, start
attending the meetings when they are called! How many times
have I and my fellow representatives written about the poor
showing of members at meetings? Quite a few times! The recent
meeting held to discuss Permits was very poorly attended! Only
about 50 members met to decide how to change the Permit
process for the many of us who work these details! When a meeting is called, an Outlook message is sent to ‘All Users’ within the
PBSO network. As we ALL utilize this email feature EVERY
WORK DAY there is no way to say ‘I didn’t get notice of this meeting’. You may have to go into your ‘junk mail’ feature and accept
a PBA issued message, but that will only need to be done ONCE.
After that, the system will accept any message from the PBA!
You can also submit an article to ‘The Code Three’ for publication. Depending on what you write, and how it is written, some
changes may need to be made, editing done, or due to space limitations, the article may be held up. ANY member can write something, though. If you have questions, or want us to look into
something, write a letter to the editor. If you have a complaint,
bring it to a representative, and have one of us write about it.
Should the members have a need to know about your district/
divisions activities or successes, let all of us know! Be proud of
what you have accomplished!
I am going to start a new column soon to bring everyone
some up-to-date information on what kinds of grievances have
been filed or decided. The specifics are still being worked out, but
look for that in coming issues. Hopefully this will keep us all
updated on things within the Agency and how the PBA will work
for YOU!
DO NOT BE AFRAID TO GET INVOLVED! Any organization
needs diverse points of view to be a growing successful entity, and
the PBA is not immune to this need! Remember, we have to take
action in the best interest of ALL the members, not just some, but
do not be discouraged or upset if we cannot resolve your issue.
But by being involved, you will have a voice in determining the
direction the PBA goes in!
Submitted by: Terry Maguire, PBSO PBA Rep
Page 11
Complacency – The Silent Killer
Submitted by Louis Penque, West Palm Beach PBA
I
t was my last midnight shift before I was due to start vacation
and my mind drifted as I patrolled the darkened streets. I
thought of what to pack, what was a good time to leave home the
following day, when to get to the bank, would my wife be ready,
and on and on. I was a twelve year veteran with the Police
Department, a prior street narcotics officer and F.T.O. for eight
years; I felt I had forgotten more than most would ever know. As
I patrolled my zone I was in my environment, comfortable at every
turn, making familiar eye contact with those that I would swear to
protect the community from. As each street became each alley the
night seemed to wane as sporadic calls came in. A delayed burglary report; the mundane investigation where simply the location
and faces change, but the song is always the same. An hour backed
into a closed bank writing a report I had seen countless times
before, glancing up intermittently at passing headlights and the
slow moving vagrant pushing a shopping cart muttering unintelligibly to himself. As the night begins to pass I find myself less at
work and more in thoughts of my impending vacation.
A call comes in where I am dispatched as the cover unit on a
trespass call at an area hotel known for it’s seediness. A stretch of
private hotels which flourished in years past had fallen into the
shadow of western sprawl and an interstate peppered with corporate lodgings. These privately run motels became the haven for
drug activity, prostitution, and transients. I had responded to this
establishment so routinely in the past that as patrol units would
arrive we would park up onto the sidewalk in familiar fashion.
The caller, a night manager who was all too familiar with the clientele drifting through his property, apparently did not think too
kindly of a trespasser. In this case, the sliding glass door was partially ajar and a light was on in the room no one had rented. As a
senior officer on the platoon and arguably the leader in producing
‘numbers’ monthly, I saw this as just another ‘tick’ before my vacation was to kick-off as I parked in front of the motel in our imaginary police parking spaces. The primary unit was still minutes
away, and because it was simply a possible trespass call, there was
no need to await cover.
I met briefly with the manager. He pointed to the second floor
and restated that no one should be in the room. I reached the top
of the stairs and leaned in to the opening from the sliding door to
hear a voice. Ah, ‘voices’ plural; several arrests for trespassing.
Without hesitation I slide open the slider and pull aside the curtain spontaneously stating, “Guess who is under arrest for trespassing” without having a chance to focus on the occupants.
Before me were two standard motel beds with a prostitute seated
on the bed closest to me facing away from me, and a male standing between the beds facing my direction. In the seconds as my
eyes adjusted to the room I followed the male’s eyes as they darted to the bedspread on which the female was seated. A handgun
was resting on the bedspread easily within the subject’s reach. The
male subject lunged for the weapon and without hesitation I dove
for it as well. The male was the first to touch the weapon and was
grasping it with both hands as I ended up on his back reaching
frantically around him to grasp the weapon. We wrestled for the
Page 12
weapon for what seemed an eternity, as I pulled him to the floor
and, now having a better angle and grasp over his own hands,
began to force his arms to the floor while repeatedly trying to
strike the weapon free from his grasp. Finally, the weapon flew free
under the adjoining bed and I arm-barred the male. My cover unit
arrived and assisted me in handcuffing the male. My adrenaline
was pumping full-bore as my cover officer asked if I was all-right.
My cover unit was a junior officer with approximately three years
road experience and someone I had worked beside for the past
several years. He shook his head with a disconcerting grin as we
escorted the male down the stairs to my patrol car. As I closed the
door so the arrestee was no longer in earshot, the officer simply
said, “You should’ve waited for me.”
Now, for those senior officers with a lot of street experience;
sometimes we have conversations with the “bad-guys” we arrest,
almost as if we are conducting a post-game report. I found out
from this arrestee that he thought upon seeing me enter the room
that I was going to rob him, as I was silhouetted against the exterior lighting, and he planned on shooting me. He had not identified me as an officer even during the struggle; as quickly as he
focused on the weapon, I was upon him and the seconds that
passed were seconds involving a fight for our individual lives. As
a seasoned officer I was attuned to not personalizing any
encounter I was involved in but solely would maintain my identity as a police officer. As we spoke there existed a strange kindred,
as if we were part of the same whole, that we had both just survived this conflict; albeit with each other. But as men, there was
this unmistakable comfort in discussing what had just transpired.
If this man had shot “the robber” entering his room, I would have
been dead; tragically, he would have mistakenly killed a police
officer. If I had the opportunity during the struggle, I may have
shot and killed “a trespasser.” Either way, this would have been a
tragedy for my family, my fellow officers, and the community and
because of what..............my complacency.
It is now twelve years later in my 24th year of policing, but
that scene replays itself for me as clear as had it been yesterday. I
have been promoted several times through the years and now sit
far removed from the midnight shifts of past. I now cringe as I
monitor the police radio and hear officers cancelling their cover
unit prior to their own arrival because it appears as a “business as
usual” call for service. I hear officers arriving on silent alarms alone
without making prior radio contact with other officers to develop
a perimeter and arrive in unison. I hear officers calling in traffic
stops on vehicles without any of the in-service units responding
for cover. At one point, I informed the Division Captain of a like
substandard silent alarm response and he vehemently defended
his officer; citing that workers were on-scene and had accidentally activated the alarm as if, “No harm, no foul.”
Complacency at any level in an organization can infect the
entire organization. The result can be fatal to the line officer, while
staff is comfortable behind a desk. Absolutely nothing in police
work is routine and no officer should be lulled into that false sense
of security. We as officers put our game face on for the ‘hot calls’
and drop everything to get involved. However, it is the silent calls,
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the mundane, the status-quo calls that get our officers hurt. We
lose more officers on traffic stops than on any other police action,
yet how frequently do you as an officer not cover your brother or
sister officer on a routine stop? How many times have you cancelled cover on the “typical” call or “routine” traffic stop? Our officers die routinely alone, without cover. We can only hypothesize
how many instances officers with cover have approached a scene
where suspects would have assaulted them, but due to the presence of additional officers they did not. We all want to take vaca-
tions with our families, but you have to do the right thing each
and every shift to ensure you get that opportunity.
That same then junior officer approached me the other day,
now a grizzled veteran street officer, and mentioned that some of
the younger patrol officers were speaking of me wondering what I
had ever done in the Department to ever get promoted. He replied
simply: “He has forgotten more than you will ever know.” I kidded
him and replied, “Thanks for the cover.”
FRS Reports Retirement System In Good Shape
A
recent article in the Wall Street Journal was recently quoted saying “State and local governments are amassing huge
obligations in the form of unfunded retirement benefits from their
workers,” and calling states’ unfunded retiree and health benefits
“a $2 trillion fiscal hole.” The most recent annual study of state
pension funding by an investment consulting and management
company, found the following:
• The ratio of pension assets-to-liabilities, or funding ratio, for
all 125 state pension plans was 88% in 2006, up from an estimated 87% in 2005.
• Of the 64 state retirement systems which reported
actuarial data for 2006, 80%
have market value of assets less
than pension liabilities, or are
underfunded. The average
underfunded plan has a ratio
of assets-to-liabilities equal to
79%.
• Of the 108 state retirement systems which reported
actuarial data for 2005, 84%
are underfunded. The average
underfunded plan has a ratio
of assets-to-liabilities equal to
82%.
In going through the most recent annual reports for state
retirement systems around the South, it was determined that
North Carolina and Florida are the only two states reporting fully
funded pension plans. We also found that Mississippi’s retirement
system is not the only one struggling; Louisiana’s is in worse
shape, and Kentucky’s is dead last.
To make up the shortfall, states are resorting to a variety of
measures, such as increasing taxes, issuing bonds, and requiring
employee payroll contributions to their pension plans.
One solution being discussed is to move away from defined
benefit programs to defined contribution programs, such as
401(K)s. Already the generally accepted standard in the corporate
world, defined contribution plans shift the financial risks and
management responsibility from the state and its taxpayers to individual employees. Some states are offering defined contribution
plans in addition to the state’s existing defined benefit plan, others
offer a choice, and still others are phasing-in defined contribution
plans for new hires.
The AFL-CIO is also monitoring the situation, and has this
state-by-state “pension threat
level” map. The map shows a
“red alert” for Kentucky, and
“yellow alerts” for South
Carolina,
Alabama,
Mississippi, and Louisiana.
Grey, “is a good thing.”
It should be noted again
that these facts and figures are
for “State Pension Plans” only.
Individual municipalities did
not participate in this particular study, however, municipal
plans are suffering from underfunding as well. Ask your pension board member to check
yours.
Take a look at the map
below before you decide to “hit the road” for greener pastures. I
personally have found there is no greener grass; just different
grass.
Be sure to check out my blog: copspeak.blogspot.com I welcome
articles, tips, and general blather about the job. Email me any contributions you have and if appropriate, I will post them.
As always…be safe!
Submitted by: Det. Charlie Weinblatt, Tequesta P.D.
REMINDER
The legal defense policies of the Florida and Palm Beach County PBA have an important provision regarding representation. If a
member elects to secure representation by anyone other than the PBA (a private attorney, for example) that member is considered
to have waived representation by the PBA. Once this happens, it is the PBA’s option whether or not to continue to represent the
member in that matter. Please call the PBA office if you have any questions regarding this policy.
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Page 13
The 4th Annual
Bacon Ball
T
his year, the Palm Beach County P.B.A. had the pleasure of
sponsoring the West Palm Beach Bacon Ball Tournament.
The Bacon Ball is a Law Enforcement only slow-pitch softball
tournament which was held at Okeeheelee Park. The tournament
was held on June 7th & 8th.
Twenty teams from throughout the United States participated. Some of the participating teams were from California,
Michigan, New York and Kentucky, to name just a few of the
states. The organizers were John Scollo from West Palm Beach
and Jack Olsen from Iowa.
There were several occasions at which all the participants got
together for some camaraderie and law enforcement story-telling.
There were three teams participating from Palm Beach
County. The winners from this year’s tournament were NYPD
Blue. All the participants had a great time.
This year we were able to raise over $5,000 for our Charity
Fund, and we hope to raise more in next year’s event.
Come on out next year and show your support.
Submitted by: Sgt. Lou Penque, WPB PBA Rep
EMERGENCY
NUMBER!
Members, please be advised the emergency
number is for CRITICAL INCIDENTS ONLY.
Please contact our attorney(s) after hours
only for critical incidents; that is, an officer-involved shooting, an in-custody death,
or an on-duty vehicle accident with injuries.
If you have questions about an IA or any
other work-related incident, please contact
the Legal Assistant, Amy, at the PBA Office
(689-3745) during business hours 8:30 AM–
4:30 PM Monday through Friday.
NOTICE:
LEGAL ADVISORY
POLICE SHOOTINGS, IN-CUSTODY DEATHS
OR SERIOUS TRAFFIC ACCIDENTS
WHAT TO DO?
STAY CALM
Have you been ordered to write a statement
about an incident that may be investigated?
DON’T FORGET YOUR RIGHTS!
CALL PBA AT (561) 689-3745
Do not talk to anyone until you have consulted
with a PBA ATTORNEY
PROTECT YOUR RIGHTS
The following statement should be written as the first sentences on any statement, report, or memorandum an officer
is ordered to write when the officer knows or has a reasonable belief that discipline may result:
It is my understanding that this report is made for administrative, internal police department purposes only. This
report is made by me after being ordered to do so by lawful
supervisory officers. I have not been permitted a reasonable
amount of time to confer with a PBA representative or attorney. It is my understanding that by refusing to obey an order
to write this immediately, that I can be disciplined for
insubordination and that the punishment for insubordination can be up to, and including, termination of employment. This report is made only pursuant to such orders and
the potential punishment/discipline that can result for failure
to obey that order.
Page 14
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NEW BENEFITS OFFERED
THROUGH THE
PALM BEACH COUNTY PBA
The Palm Beach County PBA has recently negotiated additional benefits that will be available to ALL its actively employed
members. These new benefits are now available.
PBA Tag Emblems:
$3.00
$5.00
Here is a brief summary of the offering:
• Funded in total by the Palm Beach PBA
• $5,000 of group term life
• Available on a Voluntary Basis
• Permanent Term Life Insurance
■
Available for member and spouse
■
Children coverage available as a rider
■
Guaranteed Issue for active member – no physical
exams
■
Guaranteed premium – no increases
■
Accumulation of Guaranteed Paid-Up coverage
• Accident Coverage
■
Off the job coverage
■
Simplified Issue – no physical exams
■
Benefits paid in addition to other coverage
■
Accidental Death and Dismemberment
■
Hospital confinement benefit
■
Additional riders
• Critical Illness Coverage
■
Available for member and family
■
■
Lump sum benefit payment
■
Benefits paid regardless of other coverage
■
Covered conditions
■
Heart attack
■
Stroke
■
By-Pass Surgery
■
Alzheimers
■
And more!!
• Cancer Coverage
■
Available for member and family
■
Benefits paid directly to member
■
Benefits paid regardless of other coverage
■
Mag Lite:
Bulbs:
Batteries:
$93.00
$5.00
$34.00
Sure Fire Batteries:
$25.00
Mini-Flashlight:
$16.00
PBA
PBA
PBA
PBA
T-Shirts:
Men’s Polo’s:
Women’s Polo’s:
Hats:
$8.00
$20.00
$20.00
$12.00
PBA
PBA
PBA
PBA
PBA
PBA
Throw:
Keychain:
Cufflinks:
Tie Pin:
Travel Mug:
Notepad:
$25.00
$5.00
$5.00
$5.00
$7.50
$8.50
WPB O/T Polo’s:
WPB O/T 511 Polo’s:
$20.00
$36.00
All plans issued by “A” category rated companies by A.M. Best.
Memorial Bands:
$1.00
Misc. Lapel Pins:
$5.00
Handcuff Keys:
$7.00
James O. Born Novels:
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$20.00
Page 15
STRENGTH
Any organization, ours included, is judged or perceived by
the power it possesses. That power lies in the undying commitment and unity that portrays that strength; the strength to act as
one, towards a common purpose, focused first and foremost on
the resolve to attain our goal. If we allow ourselves to separate, we
will fail under pressure. If we retreat in a time of crisis, than we
have lost our strength. Our Union’s success is based on a unified
front. I’m not saying that we can’t disagree, because that’s where
the common goal is born. There’s disagreement, communication,
and then finally, negotiation to achieve that goal. Once that goal
is defined, all our resources can be used together until we have
achieved success. And it’s this process that gives us the strength
to win. The contractual or working condition problems or issues
are not the reason for failure; they will always be there. Disputes
or conflicting interpretations of the Contract is why we are here.
It’s a fact of life. If we are focused, strong and unified in our commitment, these problems will be resolved.
Along with strength, drive, determination and attitude are
needed to succeed. Drive is the force of unity. Everyone “on the
same page” after the process of disagreement and communication
has occurred. Determination is the resolve to fight the fight to the
end; to never give up, always reevaluating, but always going forward. And last but certainly not least, is attitude. The “in your
face, I’m not gonna stop coming” persona that finally wilts the
other side’s resolve. This Union possesses all of these attributes.
The only thing which can cause us to fail is distractions from
within. These distractions show a vulnerability which can be eyed
as a lack of strength; the strength and unity which has helped us
reach the goals we have attained. Strength of our honor, wealth
and name are at stake. We must all have trust in each other as well
as ourselves. And we all rely on our union to be our strength.
I sit in my office thinking over what I should write about as
I read my newsletter from the Department I have left so many
years ago. The more things change the more they stay the same.
This article is exactly what I wanted to write about. But I cannot
take credit for it, that would be plagiarism. This article, written by
a friend 1000’s of miles away, hit the nail square on the head. Let’s
all take a moment and reflect about were we are, were we are
going and what we need to do to get there. I can’t express it
enough: UNITY, UNITY, UNITY! In closing, I take this article
from Mr. Brian Englehardt, the Editor of the PBA newsletter from
my old Dept. It is his and his alone, but expresses my sentiments
100%. I hope it does the same for you.
Submitted by: Harry Rawlings, PBA School Police Rep
Keep informed via e-mail!
Sign up for E-PBA at
www.flpba.org
Page 16
817.311 UNLAWFUL USE
OF BADGES, ETC.
(1) (817.311 SS)From and after May 9, 1949, any person who shall
wear or display a badge, button, insignia or other emblem, or shall
use the name of or claim to be a member of any benevolent, fraternal, social, humane, or charitable organization, which organization is
entitled to the exclusive use of such name and such badge, button,
insignia or emblem either in the identical form or in such near resemblance thereto as to be a colorable imitation thereof, unless such person is entitled so to do under the laws, rules and regulations of such
organization, shall be guilty of a misdemeanor of the first degree,
punishable as provided in S. 775.082 or S. 775.083.
(2) This section shall be cumulative to any and all laws now in force
in the state.
Florida Statutes (1987).
PLEASE NOTE
843.085 Unlawful Use of police badges or other indicia of authority:
(l) Unless appointed by the Governor pursuant to chapter 354,
authorized by the appropriate agency, or displayed in a closed or
mounted case as a collection or exhibit, to wear or display any
authorized indicia of authority, including any badge, insignia,
emblem, identification card, or uniform, or any colorable imitation
thereof, of any federal, state, county, or municipal law enforcement
agency, or other criminal justice agency as now or hereafter defined
in S. 943.045, which could deceive a reasonable person into believing that such item is authorized by any of the agencies described
above for use by the person displaying or wearing it, or which displays in any manner or combination the word or words “police,”
“patrolman,” “agent,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
“Wildlife Officer,” “Marine Patrol Officer,” “state attorney,” “public
defender,” “marshal,” “constable,” or “bailiff,” which could deceive a
reasonable person into believing that such item is authorized by any
of the agencies described above for use by the person displaying or
wearing it.
(2) To own or operate a motor vehicle marked or identified in any
manner or combination by the word or words “police,” (etc.) Or by
any lettering, marking, or insignia, or colorable imitation thereof,
including but not limited to, stars, badges, or shields, officially used
to identify the vehicle as a federal, state, county or municipal law
enforcement vehicle or a vehicle used by a criminal justice agency as
now or hereafter defined in s. 943.045, which could deceive a reasonable person into believing that such vehicle is authorized by any
of the agencies described above for use by the person operating the
motor vehicle, unless such vehicle is owned or operated by the
appropriate agency and its use is authorized by such agency, or the
local law enforcement agency authorizes the use of such vehicle or
unless the person is appointed by the Governor pursuant to chapter
354.
(3) To sell, transfer, or give away the authorized badge or colorable
imitation thereof, including miniatures of any . . .
(4) NOTHING IN THIS SECTION SHALL PROHIBIT A FRATERNAL, BENEVOLENT, OR LABOR ORGANIZATION OR ASSOCIATION, OR THEIR CHAPTERS OR SUBSIDIARIES, FROM USING
THE FOLLOWING WORDS, IN ANY MANNER OR IN ANY COMBINATION, IF THOSE WORDS APPEAR IN THE OFFICIAL NAME
OF THE ORGANIZATIONS OR ASSOCIATIONS.
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Page 17
New Workers’ Compensation Benefits Available
To Law Enforcement Officers
By Robert S. Winess, Esq.
T
he State of Florida has taken another step in providing first
responders, including law enforcement officers, with new
and important workers’ compensation benefits in the form of
Florida Statute 112.1815. This is one of the most important
statutes to be recently enacted that affects the rights of all of
Florida’s law enforcement officers. This statute can potentially provide you with Florida Workers’ Compensation benefits for mental
or nervous injuries.
What does this mean? It means that the State of Florida
appears to have taken note of the realities of your careers as law
enforcement officers. Specifically, the reality that law enforcement
is a demanding job that can not only result in physical injuries, but
can also result in, as the State puts it—mental or nervous injury.
Let’s be candid, there are many law enforcement officers who
are affected by the demands of their job to such an extent that they
may be described as suffering from a mental or nervous injury.
Additionally, there are officers who have suffered physical injuries,
which may have given rise to emotional complaints, i.e., mental or
nervous injury. Today we often hear words like anxiety, depression,
or some other clinical term used to describe mental or nervous
injuries. For these officers that suffer from a covered mental or nervous condition, benefits/ treatment may now be available through
Florida Workers’ Compensation in the form of F.S. 112.1815.
Unfortunately, the legislature did not include corrections officers under this statute. However, hopefully in the future, the legislature will amend F.S. 112.1815 to include corrections officers in
its definition of “first responders” available to receive these benefits as it did with the “Heart-Lung” bill in claims for hypertension
or heart disease benefits.
You Should Not Be Afraid To File A Claim For Workers’
Compensation Benefits
It seems to be increasingly prevalent that our officers are
reluctant to file claims for workers’ compensation benefits because
of fears of some sort of backlash or retaliation. This is unfortunate
because in Florida we have very specific laws against an employer
taking adverse action against employees, including law enforcement and corrections officers that claim or attempt to claim workers’ compensation benefits from their employers. No employer
should discharge, threaten to discharge, intimidate, or coerce any
employee because of an employee’s valid claim, or attempt to
claim Florida Workers’ Compensation benefits. This includes or
law enforcement and corrections community.
What Types Of Benefits Are Available?
Generally speaking, the Florida Workers’ Compensation system provides for two types benefits: (1) medical benefits and (2)
lost wage benefits. In this article I am focusing more on the medical benefits. The benefits that you may be entitled to are specific
to the facts of your case. Everyone’s situation is unique. Although
two people may suffer from apparently the same condition or
injury, the benefits available are unique to the facts of their case.
That means that two people with similar injuries or conditions
may be entitled to vastly different benefits.
Generally speaking, if you are entitled to medical benefits,
Florida Workers’ Compensation should pay 100 percent of your
medical bills relating to treatment of your condition, including
payment of prescription medication costs until such time that your
workers’ compensation doctors have determined that you have
reached “maximum medical improvement” for your condition.
Once you have reached maximum medical improvement, although
you may still be entitled to receive Florida Workers’ Compensation
benefits, you will most likely be required to pay a co-payment for
your doctor’s visits and prescription medication costs.
If you have incurred out-of-pocket expenses for treatment of
a work related injury or condition, it is possible that you could
have these expenses reimbursed. This includes out of pocket payments for prescriptions for medications and/or devices that were
medically necessary (such as crutches, bandages, etc.) for treatment of your work injury. This reimbursement for out-of-pocket
expenses could include payment for mileage incurred in driving to
and from doctors’ visits and pharmacies for treatment of the work
related condition.
Who Makes The Payments?
If your condition or injury has been accepted for treatment
under Florida’s Workers’ Compensation system, there is usually an
insurance company or something called a third-party administrator (“TPA”) that is responsible for making payment arrangements
to the doctors, hospitals, and pharmacies for your treatment. Of
course, as stated above, if you are ultimately deemed to be at maximum medical improvement you will be required to pay your copays, however the employer and its insurance company are still
EMERGENCY CONTACT PROCEDURE
To contact a PBA Attorney, day or night, seven days a week, use
the following numbers:
Regular Business Phone: ..................................(561) 689 3745
Digital Pager: ..................................................(561) 326-8252
Regular Business Fax: ......................................(561) 687 0154
24 Hour Emergency Voice Pager: ....................(561) 751-6298
Page 18
[Call voice pager, leave message including a contact number,
hang up. The machine will automatically dial the attorney's
pager, and play back your message]
Keep calling. You will get a response.
NOTE: For updated PBA information, please visit our website
at www.pbcpba.org
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responsible for paying the medical providers directly for their portion of the payments. This is not your responsibility.
Florida’s Heart/Lung Bill
For those law enforcement officers, corrections officers (and
firefighters) who have been diagnosed with hypertension, heart
disease, and even tuberculosis, access to workers’ compensation
benefits under Florida’s Workers’ Compensation system is particularly important.
Contingent upon satisfying certain criteria, hypertension,
heart disease, and tuberculosis may be considered work related. If
you suffer from hypertension, heart disease, or tuberculosis, and it
is determined to be work related then you could potentially have
access to lifelong Florida’s Workers’ Compensation benefits
including cardiac treatment regardless of whether you remain
employed or have health insurance coverage.
This is particularly important because under Florida’s
Workers’ Compensation law if you suffer from any non-work
related medical condition (example- diabetes), that affects the
doctors ability to treat your work related condition (hypertension
or heart disease or any other work injury), then you may be entitled to have these non-work conditions treated under Florida’s
Workers’ Compensation. The cost of health insurance has skyrocketed. It is important you know your rights and the extent of
the benefits that you have available to you.
Many former law enforcement and corrections officers who
have retired or are no longer working in their field are unaware
that they be entitled to Florida Workers’ Compensation benefits
for hypertension or heart disease claims. Many former officers are
unaware that if they were diagnosed with hypertension or heart
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disease while they were employed with their respective agency or
department, they may still be entitled to workers’ compensation
benefits today regardless of how much time has passed.
There are certain threshold criteria that must be met and
established for entitlement to these benefits. These criteria are
strict and are not necessarily easily met. However, if you indeed
meet the criteria, one of which is that you were first diagnosed
with your condition while you were employed as a law enforcement or corrections officer, regardless of when this diagnosis was
made, you may indeed be eligible for benefits under Florida’s
“Heart-Lung” bill. If it is ultimately determined that you are eligible for benefits under Florida’s “Heart-Lung” bill, then your medical care for treatment of these conditions may be covered under
Florida’s Workers’ Compensation laws. There may also be money
benefits available to you.
For more information, you may contact Robert Winess directly. He is a local attorney who handles Florida Workers’ Compensation matters including claims for treatment of hypertension and
heart disease under Florida’s “Heart/Lung Bill”, occupational disease
claims, and job related death claims. Mr.Winess also handles matters that arise from workers’ compensation claims, such as regular
and in-line of duty disability retirement/pension matters, and complaints relating to the filing or attempt to file a claim for Florida
Workers’ Compensation benefits. Mr. Winess may be reached at:
Robert S. Winess, Esq.
Of Counsel to Bichler & Kelley, P.A.
500 Australian Avenue South, Suite 614
West Palm Beach, FL 33401
(561) 820-4863 PH (561) 820-4864 FAX
or e-mail: rob@winesslaw.com
Page 19
Photo Highlights of the Inaugural Palm Beach
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County PBA Police Officers’ Ball April 26, 2008
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Page 21
2008 Scholarship Awards
T
he Palm Beach County PBA Charity Fund (which is comprised of the Palm Beach County PBA, the Kaitlin Kazanjian Scholarship
Fund and the Brian Chappell Memorial Scholarship Fund) is pleased to announce that there were 94 applicants interviewed on
Saturday, May 31, 2008 with a total of over $103,000 in scholarship monies being awarded to the children of PBA members. PBA
President and Charity Fund Chairman John Kazanjian would like to thank the following Committee members for their participation in
the interview process: Charlie Nicastro, Joe Berkery, Bob Brown, Rick McAfee, Billy Gray, Mike Antonopoulos, Jeff Jackson, Lou Penque,
Rick King, Mike Licata, Sandy Licata, Greg Allen, Bill Lammie, Tommy Randazzo and Mr. Tom Chappell.
All Scholarship applicants received awards to assist them and their families with the cost of higher education. We wish all of our
Scholarship recipients much good luck with all future endeavors. The students below should be recognized for the following awards:
Montgomery & Associates
1st Place
2nd Place
3rd Place
$2,500 $1,500 $1,000 -
Steven Belford
Kaitlyn Igo
Nicole Nugent
Bob Preston Awards
$1,000 -
Brian Chappell Awards
1st Place
2nd Place
3rd Place
Page 22
$1,000 $ 750 $ 500 -
Ryan Rowe
Noah Elwell
Molly Anderson
Robert Bruton
Derek Davis
Lindsay Heysler
Patrick McCandless
James Shackelford
Matt Weiner Award (Computer Science)
$500 -
Zachary Lammie
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Law Enforcement Torch Run for Special Olympics
O
n Friday, April 18th, the 25th Annual Law Enforcement
Torch Run for Special Olympics traveled through Palm
Beach County. Over one hundred officers participated in this
multi-agency event, which covered 5.5 miles from Lantana Public
Beach to the Royal Palm School. At the conclusion of the run, the
participants met with the special students at the school and then
had a continental breakfast reception made possible through a
donation from the PBA. In addition to sponsoring the breakfast,
additional money from the PBA donation helped to increase the
total money raised within the County by participating agencies.
Participating agencies sold hats and shirts in addition to doing
other fundraising events, with all proceeds going toward the support of Special Olympics. Palm Beach County law enforcement
agencies consistently raise about twenty thousand dollars each
year, which enables Special Olympics Athletes to travel and participate in events throughout the State at no cost to their families.
This year, there was a great turn-out including runners,
motorcycle officers, bicycle escorts, in addition to marked vehicles
to include several command posts and SWAT vehicles from
throughout the county. The participation of all of the officers
involved was a tribute to local law enforcement’s commitment to
serve the community. The agencies actively involved in the
fundraising efforts as well as participating in the Run itself included Palm Beach County SO, Boynton Beach PD, Delray Beach PD,
Department of Corrections, Federal Probation and Parole, North
Palm Beach Public Safety, Palm Beach Gardens PD, Jupiter PD,
West Palm Beach PD, Lantana PD, Boca Raton PD, and the FBI.
In this case, the beneficiaries of the event, the Special
Olympic Athletes, were very appreciative of the efforts of the officers. They cheered as the caravan of runners and support personnel arrived at the school and were absolutely thrilled with the
interaction with the participants whether it was giving “high fives”
or receiving “honorary badges” from the officers. It was an honor
to participate in this event, which is made even more special by
the fact that so many fellow officers from so many different agencies participate simply because it is a great cause. This event is
held every year, usually in April. There are a few officers who have
participated since the inception of the event; the feeling of good
will and camaraderie during this event is contagious. Thanks to
everyone who participated this year and I hope to see you (and
some friends) next year!
Submitted by Lt. Sarah J. Mooney, WPBPD
PBA Rolling Billboard
The Palm Beach County Police Benevolent Association gears up to “OUST” Palm Beach School Board members Monroe
Benaim - District 1, Carrie Parker Hill - District 4 and Mark Hansen - District 5 by unveiling the new PBA rolling billboard.
Please show your support by volunteering to drive our trailer. We are requesting two (2) volunteers at a time to drive the
rolling billboard trailer. If interested, please call the PBA Office or e-mail Gail@pbcpba.org or Suzanne@pbcpba.org.
Page 28
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National Police Week 2008
N
ational Police Week was May 11th through May 17th, 2008 in Washington, D.C. PBA President John Kazanjian, Executive
Director Ernie George and PBSO Sgt. Billy Gray attended the 20th Annual Candlelight Vigil, which was held at the National
Law Enforcement Officers Memorial to pay tribute to Palm Beach County Fallen Officers Donta J. Manuel and Jonathan D. Wallace.
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Page 29
Following Candidates
U.S. Representative
State Senator (continued)
Dist. 16 - Thomas Rooney
Dist. 19 - Robert Wexler
Dist. 22 – Ron Klein
Dist. 86 - Maria Sachs
Dist. 87 - Adam Hasner
Dist. 89 - Mary Brandenburg
Dist. 90 - Kelly Skidmore
State Senator
Dist. 25 - Jeffrey Atwater
Dist. 27 - Dave Aronberg
Dist. 78 - Kevin Rader
Dist. 82 - William Snyder
Dist. 83 - Carl Domino
Dist. 85 - Joseph Abruzzo
Page 30
Circuit Court Judge
Group 14 – Lisa Small
Group 23 – Richard Wennet
Property Appraiser
Richard Machek
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Is Proud To Endorse The
In The 2008 Election
Sheriff
County Commission
Ric Bradshaw
Dist. 1 - Karen Marcus
Dist. 3 – Robert Kanjian
Dist. 5 – Burt Aaronson
Supervisor of Elections
Susan Bucher
School Board
State Attorney
Dist. 1 – Kelly Sturmthal
Dist. 4 – John McGovern
Dist. 5 – Frank Barbieri
Michael McAuliffe
County Court Judge
Group 3 – Reginald Corlew
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BUSINESS DIRECTORY
VOLUNTEERS NEEDED!
Please show your support for Palm Beach County School Police by volunteering to pull our trailer. We are
requesting two (2) volunteers at a time to pull the rolling billboard trailer. If interested, please call the PBA
Office at (561) 689-3745 or e-mail Gail@pbcpba.org or Suzanne@pbcpba.org.
Page 36
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Page 37
Andy Bilardello
Franchise Owner
CustomLogo Outfitters of Palm Beach
Phone: 561-644-1358
e-mail: andy@customlogooutfitters.com
School Apparel • Business Logo Wear & Products • Fundraising • Team & Cheer Uniforms
Law Office of
Mark Bannon, P.A.
Mark E. Bannon
P.O. Box 5478
Lake Worth, FL 33466-5478
Page 38
Attorney at Law
markbannon@bellsouth.net
Phone: (561) 964-5719
Fax: (561) 964-5720
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Riggins Too
30' Grady-White
Richard Tschernia
Executive Vice President
rtschernia@aol.com
175 Pinelawn Road • Ste 400
Melville, NY 11747
(800) 462-8178
(631) 806-9478 Cell
w w w. 1 s t w m o r t g a g e . c o m
Licensed Mortgage Banker
Discount Mortgages
For Union Members and the Families of the
PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
• No Application Fee
• No Processing Fee
• Reduced Attorney Fee
• Reduced Title Charges
• No Commitment Fee
• No Document Prep Fee
• No Courier Fees
• No Underwriting Fee
APPLY ONLINE: www.1stwmortgage.com
We have all the following programs available:
• FHA/VA, SONYMA, Fannie Mae, FreddieMac-Direct lender
• Refinances, Second Mortgages and Equity Lines
• Second Home, Investment Properties and Relocation Mortgages
• Zero point loans available on most programs
• Officer Next Door Program
• 100% Financing Programs Available
RACHEL GELLIN
OWNER
• Fishing Charters
• Sunset Cruises
• Customized
Dive Charters
Capt. J.J. Morrissey
USCG LIC. #1068157
GRADUATE GEMOLOGIST
PHONE 561.626.4267
WWW.SAMANDCOJEWELERS.COM
561-301-2462
Show your support for
Palm Beach County PBA!
See the list of PBA wearables and
collectibles on page 15.
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Page 39
2100 N. Florida Mango Road
West Palm Beach, FL 33409
www.pbcpba.org
Non-Profit
Organization
U.S. Postage
PAID
Tallahassee, FL
Permit No. 154
PBA “SUPPORT LAW ENFORCEMENT” TAG SELLING FAST!
Y
ou can get your very own Florida PBA “Support
Law Enforcement” Tag at your county tag
office. You may purchase the plate with random
numbers and letters or create a personalized tag for your
vehicle(s). Over 37,000 have been purchased so far!
The proceeds of this tag will be deposited into a
charitable fund—Florida PBA Heart Fund—for the
Association’s members. The great thing about the
contributions made to the Heart Fund, they are taxdeductible!

Code 3-Final July 2008

Transcription

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