Official Publication of the Grand Lodge, Fraternal …tarist “Dimebag” Darrell Abbott. Three...

In Nashville, construction has begun on the site of the new GrandLodge Fraternal Order of Police national headquarters. Our new7,400 square-foot facility, located at 701 Marriott Dr., should be com-plete and ready to be moved into as early as March 2006.

On the choice to establish a permanent headquarters, FOPPresident Chuck Canterbury said: “The Board of Directors made abusiness decision that provides a real asset for our members andenhances our ability to serve the membership.”

This historic move signals the end to the Grand Lodge’s nomadicexistence. Since 1915, the Grand Lodge has been hosted in thehometown of the newly elected National Secretary. The Lodge hasmoved with each new elected officer from Pittsburgh toYoungstown, Philadelphia to South Bend, and Louisville to Nashville.Over a dozen cities have become the temporary residence for thenational headquarters of the FOP. This trend has long since servedits purpose and the decision was made by the leadership to estab-

lish a permanent residence in the city the Lodge has been in since1992: Nashville, TN.

“Nashville gives us a central location with excellent infrastructureto access the rest of the country,” says National Secretary PatrickYoes. “I visit Nashville often, and it’s an easy city to get in and out ofbecause of its excellent airport surrounded by major interstates.”

Secretary Yoes adds that for these and many other reasons “it is agood, sound investment to locate in Nashville.”

Owning prime real estate in a growing metropolis does seem tomake much better economic sense than having to lease and relo-cate every few years. Also, the benefit of maintaining continuity withsupport staff is a tremendous benefit as well.

“The staff is very excited about the opportunity to move into ournew home,” said office manager Leigh Ann Pemberton. “Our newheadquarters provides us a better location where we can serve ourmembership more efficiently.”

THE JOURNALOfficial Publication of the Grand Lodge, Fraternal Order of Police® Volume 10, Issue 6, December 2005

1410 Donelson Pike, Suite A-17, Nashville, TN 37217

FOP Historical Display: Help WantedThe new National headquarters building will have a large reception hall to serve as a display area for the ninety-year history of the Fraternal Order of Police.Any member wishing to assist in celebrating the long and distinguished history of our organization is welcome to do so by providing photographs, FOPmemorabilia, artifacts, etc. If you have items to donate, please contact Andrew Bittner [email protected]

New National Headquarters Construction Underway

On Membership Motivation

One of the most important challenges facing lodges is how to obtain greater mem-bership involvement. In most cases, only a handful of members are really active.The larger the lodge the more it can expect to have problems in getting member-

ship participation. In this article I will attempt to outline three basic types of members andsome methods to get them involved in the day to day operations and special events.

The ddeeddiiccaatteedd members

These are the members who take part in almost everything your lodge does. These mem-bers are usually board members but may be others who participate in most if not all func-tions and activities.

The ssoommeettiimmee members

These are members who participate in some events but who cannot be counted on to be at every event or func-tion.

The bbiigg ffuunnccttiioonn members

These members can only be counted on to be at big lodge events.

Your work is to focus on getting the sometime members and the big event members into the dedicated member’s cate-gory. To evaluate the lack of involvement you must look at the following to determine the reasons that members do notparticipate:

• The benefits from attending or participating are not considered valuable by the members or the activity does notseem important to them.

• Meetings are perceived to be boring.• General membership may not be afforded the opportunity to be active.• Members feel that the same group of people runs the lodge from year to year.• Members may feel that their participation would not make much difference and that they have little influence on the

lodge’s programs and policies.

If the lodge recognizes that the above is happening, the following list will provide methods for working to increase mem-ber participation:

• Establish a strong, organized system of officers, trustees, and committees.• Make it known what is expected from each and every member of the lodge.• Make all members feel responsible for the success of your lodge. Insist on and allow participation from the members.

Accept their ideas and suggestions whenever possible.• Ask various members to promote and present programs within the lodge.

Once the members feel the benefits of participating in their lodges activities and programs, the benefits of belongingbecome valuable and provide a way for greater opportunity for participation. It is very important to know the members andto try to understand how they will react to different things about the lodge. Members may like the FOP but not like themethods, or agree with some of the goals of the lodge.

It is very important to obtain and interpret information from the members that will help the leadership understand the gen-eral feelings of your members. Understanding their feelings will help in establishing programs, activities and goals thatthe members will feel reflects their feelings.

Motivation can be a struggle but a positive and inclusive leadership style is contagious and I urge you to keep the faithand remember to put the members first.

President’s Message

2 G R A N D L O D G E F O P J O U R N A L • D E C E M B E R 2 0 0 5

Your Voice in Government

Grand Lodge Fraternal Order of PoliceNational Headquarters1410 Donelson Pike, A-17Nashville, TN 372171-800-451-2711Phone (615) 399-0900FAX (615) 399-0400E-mail: [email protected] Site: www.fop.netLegislative Office E-mail:

[email protected]

Executive BoardChuck Canterbury, President

4653 Redwood DriveMyrtle Beach, SC 29588

(843) 293-5386Dave Hiller Patrick YoesVice President SecretaryGrosse Pointe Park, MI Norco, LA

Tom Penoza Mike TaylorTreasurer Second Vice PresidentNew Castle, DE Columbus, OH

Frank Gale Mike BurnettSergeant-at-Arms National Trustees ChairmanDenver, CO Casper, WY

Past PresidentsGilbert G. GallegosAlbuquerque, NM

Dewey R. Stokes Richard A. BoydColumbus, OH Oklahoma City, OK

Leo V. Marchetti John M. DineenPittsburgh, PA Chicago, IL

THE FOP JOURNAL is published every other month by the GrandLodge, Fraternal Order of Police. 1410 Donelson Pike, Suite A-17,Nashville, TN 37217—1-800-451-2711. Presort Standard, U.S.Postage Paid in Nashville, TN Permit No. 1. FOP membershipincludes a subscription to THE FOP JOURNAL. Subscriptionsaccepted from recognized law enforcement agencies, governmentofficials and libraries. Subscriptions $16 a year. Single copies $4.

Media information available upon request by writing or callingNational Headquarters. No part of THE FOP JOURNAL may bereprinted without permission. Publication of any product does notendorse product or services by the National FOP.

Copyright 2005 by Grand Lodge, Fraternal Order of Police.

NATIONAL TRUSTEES

Editor-in-Chief EditorPatrick Yoes Rick Duvall

Wyoming . . . . . . . . . . . . . . . . . . . Mike Burnett, ChairmanAlabama . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. L. FinleyArizona . . . . . . . . . . . . . . . . . . . . . . . . . . Patrick ScherdenArkansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gary WallaceCalifornia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Steve JamesColorado. . . . . . . . . . . . . . . . . . . . . . . . . . . . J. D. CordovaConnecticut . . . . . . . . . . . . . . . . . . . . . . . . . Robert MartinDistrict of Columbia. . . . . . . . . . . . . . . . . . . . Lou CannonDelaware . . . . . . . . . . . . . . . . . . . . . . . . . . John FogelgrenFlorida . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pete FireGeorgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bill PeacockIdaho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brad LandesIllinois . . . . . . . . . . . . . . . . . . . . Robert “Rocky” NowaczykIndiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert ImborekKansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pete FogartyKentucky . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mike HettichLouisiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Willie PatinMaryland. . . . . . . . . . . . . . . . . . . . . . . . . . . . Rick FulginitiMassachusetts . . . . . . . . . . . . . . . . . . . . . . Larry CrosmanMichigan . . . . . . . . . . . . . . . . . . . . . . . . . . Kevin SommersMinnesota . . . . . . . . . . . . . . . . . . . . . . . . . . Chuck SchaussMississippi. . . . . . . . . . . . . . . . . . . . . . . . . . . Styron KellerMissouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bill AlbertsonNebraska . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ric HallettNevada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David MoodyNew Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ron BakleyNew Mexico . . . . . . . . . . . . . . . . . . . . . . . . . . J. R. StewartNew York. . . . . . . . . . . . . . . . . . . . . . . . . . Charles CaputoNorth Carolina . . . . . . . . . . . . . . . . . . . . . . . Randy HaglerNorth Dakota . . . . . . . . . . . . . . . . . . . . . . . . Steven KennerOhio. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chet DeLongOklahoma . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joe PerkinsPennsylvania . . . . . . . . . . . . . . . . . . . . Charles SantangeloRhode Island . . . . . . . . . . . . . . . . . . . . Hugh Clements, Jr.South Carolina . . . . . . . . . . . . . . . . . . . . . . . Darrell LewisSouth Dakota. . . . . . . . . . . . . . . . . . . . . . . Thomas SchmittTennessee . . . . . . . . . . . . . . . . . . . . . . . . . . Duane PhillipsTexas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ken StarrsUtah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . James CrowleyVirginia . . . . . . . . . . . . . . . . . . . . . . . . . . . . James GaudetWashington. . . . . . . . . . . . . . . . . . . . . . . . . Jack SimingtonWest Virginia. . . . . . . . . . . . . . . . . . . . . . . Herman BeckettWisconsin . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nick Segina

Chuck CanterburyNational [email protected]

S mith & Wesson, the legendary provider of products and servic-es for safety, security, protection and sport, featured two nation-ally renowned law enforcement heroes as honorary crew chiefs

at the #30 Smith & Wesson Chevrolet of SKI Motorsports’ final twoNASCAR Busch Series events of the year at Texas Motor Speedwayand Phoenix International Raceway.

In this special tributeto America’s law en-forcement heroes, Smith& Wesson has part-nered with the Fra-ternal Order of Police(FOP) Grand Lodgenational headquarters,which recently re-viewed “Heroes” nomi-nated by the FOPLodge in each state.From that distinguished

list of nominees, Detective Jennifer Fulford-Salvano of the OrangeCounty (Fla.) Sheriff’s Office, and Officer James Niggemeyer of theColumbus (Ohio) Police Department, were selected to receive nationalhonors by the Grand Lodge.

“Jim Niggemeyer and Jennifer Fulford are great choices to representthe FOP and all officers,” said Patrick Yoes, FOP National Secretary ofthe FOP Grand Lodge. “Their stories of valor in the face of great person-al danger are inspiring to all of our members, and show the level of com-mitment that’s expected of, and delivered by sworn officers nationwide,everyday.”

Officer Niggemeyer, who brought an end to a deadly siege in a famedColumbus nightclub last December by shooting and killing the gunman,was honorary crew chief for the Smith & Wesson Racing team duringthe O’Reilly Challenge event at Texas on November 4-5. Among the fourpeople killed by the gunman that fateful night in Columbus was rock gui-tarist “Dimebag” Darrell Abbott. Three others were injured in the inci-dent. Officer Niggemeyer was the first to respond to the incident andended it some three minutes after the initial 9-1-1 call, saving furthercasualties as the gunman held a hostage in a headlock armed withdozens of rounds of ammunition.

Detective Fulford, Smith &Wesson’s honorary crew chieffor the Busch Series 200 atPhoenix on November 11-12,was shot 10 times a year agolast May while trying to rescuethree young children from twogunmen in a residentialgarage, but still had thewherewithal to shoot andfatally injure both gunmenand helped to bring an end tothat siege without further incident. She was back on the job less than fourmonths later and currently works in the OCSF’s Child Abuse Unit.

“Can you imagine facing down a four-time killer to save dozens ofother potential victims, or overcoming gunmen who had just shot you 10times?” asked Tom Taylor, Smith & Wesson Vice President of Marketing.“These two heroes deserve any recognition that they receive, and Smith& Wesson is proud to acknowledge their valor and is in awe of their sac-rifice. It is humbling to know such dedicated individuals, and we’re hon-ored that they will each be spending a few days as part of the Smith &Wesson #30 race team representing the 800,000 police officers whoserve our communities.”

In addition to honoring Niggemeyer and Fulford, Smith & Wessonhosted numerous FOP guests at the Texas and Phoenix races in a VIPhospitality venue. The #30 Smith & Wesson Chevrolet, driven by two-time NASCAR Craftsman Truck Series champion Ron Hornaday, Jr.,sported a unique “black-and-white” law enforcement paint scheme, withthe FOP logo displayed on the deck lid.

Tom Taylor, VP of marketing for Smith & Wesson andOfficer James Niggemeyer

A Voice for You

G R A N D L O D G E F O P J O U R N A L • D E C E M B E R 2 0 0 5 3

HHOONNOORRAARRYY NNAASSCCAARRCCRREEWW CCHHIIEEFFSS NNAAMMEEDD

Officer Jennifer Fulford and Ron Hornaday, Jr.

The last few months have presented the Gulf South with enormous challenges: threedeadly hurricanes have left many of our members homeless and their communities indisarray. Yet, in this time of uncertainty and at a time when they need it most, the

FOP has made a phenomenal statement of compassion and concern by pledging over$740,000 in direct financial assistance to fellow members in need.

Disasters bring out the best and worst in people: some leaders excel, others are exposed. Inthe aftermath of these storms, there are many lessons still to be learned, particularly from theway local, state, and federalagencies responded. Everycommunity across Americacan only grow stronger as allinvolved evaluate the impactof their actions, inaction, andpoor planning. The FOP hasand continues to weigh in onthese important issues at thestate and federal level. We doso to ensure the voices andconcerns of rank and file lawenforcement officers areheard. As America reevalu-ates its response to disasters,your FOP will maintain astrong presence while contin-uing to provide insight intohow to be better prepared forfuture catastrophe.

In the aftermath of HurricaneKatrina, one thing is blatantly obvious: the magnitude of the destruction makes it impossibleto address independently. By partnering with businesses we have and will continue to offergreater assistance to our members. From contracting with a construction company workingexclusively with the FOP rebuilding the homes of affected members at a reduced rate, to thecooperative purchase of building materials at lower prices, and to even securing corporatesponsors willing to donate matching funds, your FOP continues to make great strides towardshelping members get their lives back in order, as well as ensuring the maximum benefit fromthe donations to the FOP Foundation. However, none of this would be possible were it not forassistance provided by our brothers and sisters nationwide.

On behalf of the Louisiana, Mississippi, Alabama, Texas, and Florida State Lodges, I wish tooffer my most sincere thanks for the support offered at our times of need. We are foreverindebted for your kindness.

Secretary’s Message


Patrick YoesNational [email protected]

How Do You SpellDisaster Relief?

F.O.P.

In the early days of the Katrina Crisis, cut off from all normality these offi-cers found themselves in desperate need of personal hygiene, clothing,and police supplies. Your FOP made daily deliveries of supplies whichincluded over 3,000 pairs of BDU uniforms.

FOP E-mail: FFrreeee for Members!

To sign up for an fop.net e-mail account, simplycontact Andrew Bittner at [email protected] withall of the following information:

• Full name, lodge and FOP member number.• Current e-mail address.• Desired e-mail address (example: user-

[email protected]). Please send three possiblechoices in case your first or second choice isalready in use by another member.

• Password (remember that passwords arecase-sensitive).

- After your account is created, you willreceive instructions for setting up your accountin Outlook and for accessing your e-mailthrough a web browser.

- Your free FOP e-mail address does not haveto replace your current e-mail address. You canset up multiple accounts in Outlook.

- You are not required to use your FOP e-mailaccount for FOP business only.

- This service provides an e-mail account only.We are not providing internet access.

Labor


The U.S. Supreme Court declined this summer to consider whether cities candeny a police officer’s request for compensatory time off solely to avoid payingovertime to substitute officers. The Supreme Court declined certiorari in the 2005Cleveland v. Beck case. This case contended that the city’s refusal to grant timeoff violated rights of officers under the Fair Labor Standards Act. The case wasruled in favor of the officers. In denying certiorari, the Supreme Court let the lowercourt ruling stand along with the order for compensation. FOP attorneys haveinterpreted this to mean that employers are in violation of federal law if they denyof comp time off solely on the basis that it will cause overtime, without providingsufficient evidence of unduly disruption.

This issue involves 29 USC §207(o)(5) of the Fair Labor Standards Act, which pro-vides that an employee who requests use of their accrued comp time, “…shall bepermitted by the employee’s employer to use such time within a reasonable peri-od after making the request if the use of the compensatory time does not “undu-ly disrupt” the operations of the public agency.” Another lower court ruling that alsowas recently allowed by the Supreme Court to stand – Houston Police Officers’Union v. City of Houston, decided in favor of the city – established that “comp timeuse on demand” would unduly disrupt the operations of the department becauseit would “…severely impact the operational efficiency and effectiveness of HPDand undermine the Department’s continued efforts to provide the required levelsof service within the budget allocations provided in the City of Houston.”

Cleveland v. Beck is similar to Houston Police Officers’ Union v. City of Houston,except for the fact that the City of Cleveland provided only argument, and noexpert testimony, to support its claim that unfettered requests would financiallyhurt the city. With no evidence to support the city’s argument, the Sixth Circuitheld, “ … [A]bsent a clear showing by the City of undue disruption of its policeservices, due to severe financial constraints to pay overtime to substitute officers,the City’s denials of Police Officers’ timely requests for accrues compensationleave must be held to violate Section 207(o)(5).” Thus, the Supreme Court’sdenial of certiorari for this case is the other bookend to Houston Police Officers’Union v. City of Houston: the burden of showing “undue disruption” is legally onthe employer.

These cases do not establish that that officers can demand to take comp timewhenever they choose, even if the employer must call back someone else to workovertime, or that unfettered comp time requests are acceptable across the board.Rather, Cleveland v. Beck set forth a set of guidelines for a public employer.Thereis now a way for officers to take the position in a federal suit that employers are inviolation of federal law if they deny comp time solely on the basis of cost – with-out adequate proof that it will cause a disruption.

In summary, FOP attorneys have drawn the following conclusions from these twocases, as well as the 9th Circuit related case of 2004’s Mortensen v. County ofSacramento:

• There is no employee “right” to use comp time solely at his/her own discre-tion.

• Employees are permitted instead to use comp time within a reasonable peri-od after making the request, provided that the request does not “unduly dis-rupt” the operations of the agency.

• Whether the requested use of comp time “unduly disrupts the operations ofa public agency” depends on the evidence:

- A single employee request to use comp time that requires an employerto pay overtime for a replacement employee does not constitute “unduedisruption” (Mortensen);

- The burden of proof to show undue disruption, even in cases where theplaintiffs seek the unfettered right to comp time, is on the employer.Conjecture, inference and argument are insufficient evidence(Mortensen), but the burden of proof can be met by showing mathemat-ical evidence of severe financial impact.

For a more detailed discussion of this issue including conjectures to be drawn forcollective bargaining purposes, visit the FOP web-site’s Legal Briefs section athttp://www.grandlodgefop.org.

TAKE ADVANTAGE OF FOP LABOR RESEARCH

Do you have questions about a labor-related issue? Are you interested inlooking for statutes or cases related to a specific situation in your area? Isthere an issue faced by law enforcement that you would like to see studied?The FOP Labor Services division has research staff to accommodate theseand many other requests.

The Labor Services Office is the central hub for FOP Grand Lodge researchon issues related to law enforcement. A reference library provides informa-tion on a wide variety subjects, and full-time employees respond toresearch requests submitted by members. Recent topics include civilian-ization of law enforcement jobs, consolidation of departments, collectivebargaining laws, cancer frequency among officers, the use of workers com-pensation for post-traumatic stress disorder, and Charter City provisions.Research requests may be answered in the form of a short written report,a compendium of situation-specific news and magazine articles, a historyof pertinent legal cases, or an outline of available internet resources.

Proactive research initiatives will also be undertaken as time allows. Astudy on the life expectancy of law enforcement officers is planned for thecoming months. Since the 1960s, there have been few comprehensivestudies aimed at calculating the life expectancies of law enforcement offi-cers; the FOP research staff hopes to update this literature and providemembers with information that could be very useful.

The research staff can also accommodate requests for information on spe-cific statutes and cases. Case histories are also available at memberrequest.

To take advantage of the FOP’s labor research capabilities, contact theLabor Services office by e-mailing [email protected] or calling614-224-1856. We look forward to hearing from you!

ON-DEMAND REQUESTS FOR COMP TIME: AN ISSUE OF EVIDENCE

Legislation Repealing WEP and GPOReaches Milestone

The National Legislative Office made a commit-ment to the members and leadership of the FOPthat two-thirds of the U.S. House ofRepresentatives would be cosponsors of H.R.147, the “Social Security Fairness Act,” whichrepeals the Windfall Elimination Provision(WEP) and Government Pension Offset (GPO)provisions in current Social Security law, beforethe end of the First Session of the 109thCongress. We made good on that pledge in mid-October, after waging an intense lobbying cam-paign which began immediately following the

August recess. At this writing, there are 290 cosponsors on this top legislativepriority.

This is a tremendous achievement and one we were able to accomplish in part becauseof continued efforts by the National Legislative Office to keep Members of Congressfocused on the issue. National President Canterbury testified before Congress in favorof the legislation before the House Subcommittee on Social Security in June 2005 andMay 2003. The National FOP also testified before the Senate Committee onGovernmental Affairs in 2004. But, if this bill is to have a chance for consideration nextyear, we must do more at the grassroots level.

FOP members, especially those who are or will be affected by the WEP and GPO,need to contact their Senators and Representatives and ask them to support H.R. 147or the Senate companion bill, S. 619. Our members should focus on thoseRepresentatives serving on the House Subcommittee on Social Security(http://waysandmeans.house.gov/members.asp?comm=4) and on the Committee onWays and Means (http://waysandmeans.house.gov/members.asp?cong=17).

In addition to these Members, the National Legislative Office has compiled the fol-lowing list of Representatives which cosponsored the same legislation in the previ-ous Congress, but have not yet signed onto the bill in this Congress. We urge ourmembers from these States and districts to contact these Members and ask them toagain demonstrate their support for law enforcement and the FOP by cosponsoringH.R. 147:

ARIZONA NORTH CAROLINARick Renzi (R-1st) Walter Jones, Jr. (R-3rd)

FLORIDA OHIOGinny Brown-Waite (R-5th) Stephanie Tubbs Jones (D-11th)

Deborah Pryce (R-15th) GEORGIA Ralph Regula (R-16th)Nathan Deal (R-10th)

OKLAHOMAILLINOIS Tom Cole (R-4th)Henry J. Hyde (R-6th)

PENNSYLVANIAINDIANA John E. Peterson (R-5th)Chris Chocola (R-2nd) Curt Weldon (R-7th)

KENTUCKY SOUTH CAROLINAEdward Whitfield (R-1st) James Clyburn (D-6th)Anne Northrup (R-3rd) Harold Rogers (R-5th) TEXAS

Sheila Jackson-Lee (D-18th)NEW YORKEdolphus Towns (D-10th) WASHINGTON

Jim McDermott (D-7th)

The Senate companion bill currently has twenty-three cosponsors. The NationalLegislative Office has identified the following Senators who were cosponsors of thismeasure in the previous Congress, but have not yet signed onto S. 619. We urge ourmembers from these States and districts to contact these Members and ask them toagain demonstrate their support for law enforcement and the FOP by cosponsoring thisbill:

REPUBLICANS DEMOCRATS INDEPENDENTGeorge Allen (VA) Evan Bayh (IN) James M. Jeffords (VT)Jim Bunning (KY) Harry Reid (NV)Michael Crapo (ID) Deborah Stabenow (MI)Lindsay Graham (SC)Lisa Murkowski (AK)

Do your part and contact Congress today!

FOP Submits Comments on New PSOB Regulations

On 23 September, the Grand Lodge submitted its formal public comments on theJustice Department’s proposed regulations regarding the Public Safety Officers’Benefits (PSOB) program administered by the Office of Justice Programs. These reg-ulations—published on July 26 and subject to a sixty day comment period—weredesigned to implement several statutory changes to the PSOB law, particularly in theyears following the September 11, 2001 terrorist attacks. Among the laws which wereenacted were measures to increase the PSOB benefit to $250,000, the addition of pub-lic safety chaplains to the list of covered individuals, expedited payments for officerswho are killed or permanently disabled while engaged in preventing or investigatingterrorist attacks, or while involved in rescue or recovery efforts, and the HometownHeroes Survivors Benefits Act.

In its filing, the FOP expressed its concern with the manner in which the Office ofJustice Programs (OJP) had proposed to implement many of these statutory revisionsto the PSOB law, and with changes it proposed to the current regulations governing theprogram. This was particularly true with regard to the proposed implementation of theHometown Heroes Survivors Benefits Act, a bill which the FOP fought hard to haveenacted. To implement this important Act, the OJP has proposed to merely define keyterms, rather than create a set of procedures which will be used to determine claimsfiled under the new law. Taken as a whole, the proposed regulations appear contrary tocongressional intent, do not make sense in the context of the Hometown Heroes Actitself, and considering the ease with which a presumption could be rebutted under theserules, would result in a return to the status quo with respect to heart attack and strokeclaims. The FOP clearly outlined its objections to the proposed regulations as theyrelate to the Hometown Heroes Act in their entirety, and stated that “the Departmentshould develop rules which are consistent with the spirit and letter of the law, as wellas with the intent of Congress.”

As noted above, the formal public comment period officially closed on September 26.

News from the Hill

Legislation


Jim PascoExecutive [email protected]


Staff from DOJ and the Office of Justice Programs will review all comments filed, andwill issue final regulations in the near future. The FOP will continue to work to ensurethat any final regulations address our concerns with the implementation of theHometown Heroes Act and other provisions of the PSOB program, and will keep ourmembers apprised of the latest developments on this issue.

FOP Gets Its “Hard Date” for Spectrum

As reported in the previous issue of the Journal, the FOP has been lobbying Congressto set a date certain for the pending transfer of 24MHz of spectrum on the 700MHzband to public safety for its exclusive use.

As the recent events along the Gulf Coast demonstrated, the speed and clarity ofcommunications is critical for law enforcement and other public safety officers,who must respond quickly in an emergency. The ability to communicate and trans-mit information to officers on the scene can often mean the difference between lifeand death. For example, certain technologies, such as video transmission, real timeinformation from experts in another location, instantly sending or receiving a pho-tograph of a missing or abducted child, live video of evidence to speed analysis,building blueprints, hazardous material data and other critical information, allrequire the use of this spectrum. Unless the spectrum that Congress already allocat-ed to public safety is cleared by the small broadcast television services which aretransitioning to digital television, these technologies will remain unavailable to firstresponders serving in areas where more than fifty percent of our nation’s popula-tion lives and works.

Congress originally granted public safety this portion of spectrum under the BalancedBudget Act of 1997, but because that portion of spectrum is occupied by broadcasterswho were transitioning to digital television, Congress delayed the transfer. The vastmajority of broadcasters have now transitioned to digital television, yet have not yetcleared that portion of spectrum, leading the FOP to seek a “hard date” by which theymust vacate those frequencies.

At a late October mark-up, the Senate Committee on Commerce, Science, andTransportation favorably reported legislation that is to be included in the budget rec-onciliation bill that sets April 7, 2009 as the deadline for the clearance of the spectrum.Senator John McCain (R-AZ) did offer an amendment to move up the digital transi-tion date by two years so that public safety could get access to that spectrum morequickly, but it was rejected by the Committee on a 17-5 vote.

The legislation approved by the Committee also included $1.25 billion in Federalmonies to help first responders buy better communication equipment, of which $1 bil-lion would go to interoperability, $250 million to implement a national alert system,and $50 million for a tsunami warning and coastal vulnerability program. The legisla-tion has been forwarded to the Senate Budget Committee for inclusion in the reconcil-iation bill.

Staff Changes in the National Legislative Office

Chris Granberg bid farewell to the National Legislative Office in late October afterseven years with the FOP’s Washington office. He was a valued member of the staff,whose contributions helped the FOP prevail on numerous issues throughout hisemployment—including Federal asset forfeiture reform, new regulations governingovertime under the Fair Labor Standards Act, the Hometown Heroes SurvivorsBenefits Act, and a host of Federal law enforcement officer issues. We wish Chris thevery best in his new endeavors.

Justice Prevails in TwoCop-Killer Cases

Kerry Spencer, convicted of murdering three law enforcement officers in Alabamalast summer, was sentenced to death in late September following an effort led bythe FOP to convince the circuit judge in the case to override the jury’s recommen-dation of life without parole and impose a sentence of death.

On 17 June 2004, Kerry Spencer, who admitted selling as much as $3,000 worth ofcrack cocaine a day from a filthy apartment in a poor neighborhood ofBirmingham, Alabama, opened fire at close range with an automatic SKS Chineseassault rifle on four officers that arrived at the apartment to arrest his friend. Hewounded one officer and killed three others—Carlos Owen, Harley Chisholm IIIand Charles Robert Bennett. He confessed to the murders and was convicted by ajury of three counts of capital murder and one count of attempted murder of apolice officer. Under Alabama law, a judge can accept the jury’s verdict or overrideit. Judge C. Tommy Nails overturned the jury’s verdict and imposed the deathpenalty.

In his letter to National President Canterbury thanking the FOP for their help,Alabama State Attorney General Troy King said, “This ruling reflects Alabama’sresolve to stand up for those who step into harm’s way every day to keep the restof us safe. Criminals know, because of this decision, that if they take the lives oflaw enforcement, they will pay with their own.”

The FOP also helped to influence the decision of the U.S. Parole Commission(USPC) in the case of Veronza L. Bowers, Jr., who murdered U.S. Park RangerKenneth C. Patrick in August 1973. Ranger Patrick confronted Bowers and twoother men poaching deer when he was shot and killed. The shooter, Bowers, wassentenced to life in prison for a murder motivated by the killer’s politics and hatredof the United States. Bowers has never expressed any remorse, nor even admittedkilling Ranger Patrick, and he maintains to this day that he was framed by govern-ment authorities, describing himself as a “political prisoner” in “fascist America.”

However, under the Federal laws in effect at the time of his sentencing, he was eli-gible for parole after serving only thirty years. The USPC, which approved hisrelease on several prior occasions, was forced to consider the case again after theFOP requested that U.S. Attorney General Alberto R. Gonzales exercise his author-ity under Federal law to appeal the case. Officials with the U.S. Department ofJustice acknowledged that, without the intervention of the FOP at several keypoints in the process, Bowers would have gone free.

Federal law requires the USPC to deny parole if it finds that the inmate has seri-ously or frequently violated institution rules and regulations, or if there is a rea-sonable probability that the inmate will commit a Federal, State, or local crimeif released. The USPC reconsidered its decision under a special interim rulespecifically adopted for this case in large part because of the FOP’s unrelentingefforts to force the Commission’s decision-making process into public view. Therule required individual Commissioners to make findings of fact on the threeprongs of the statute which would have required them to deny parole. Under thisrule, a majority of the Commissioners found that Bowers seriously violated insti-tution rules and regulations and was likely to re-offend if released. As a result,the USPC denied him parole and the killer will remain behind bars.

Administering Your Lodge

A s an officer of your lodge you have an obligation to administer the lodge prop-erly. After being elected to the board of your local lodge you may wonder howthings should be done to both efficiently represent your members and to

make sure you do the right things to avoid legal or tax problems. The National Lodge has recognized a need to supply this information and conducts

a two-day seminar each year to give you the information you need to administer yourlodge. On February 10th and 11th, 2006, the National Lodge is putting on aLeadership seminar designed for local lodge officers. There will be sessions on proce-dures used by lodge Secretaries to administrate their lodge and do all the paperworkrequired by the National Lodge. There will be sessions for lodge Treasurers pertainingto basic bookkeeping and tax issues, and advanced training for QuickBooks. Therewill also be sessions that provide general information on administering your lodgeand being a leader in your lodge. This training is excellent and highly recommendedfor new and experienced lodge officers.

I also want to remind lodge Presidents and Secretaries that we are collecting infor-mation for the new National FOP computer database. If you have a current contractwith your unit of government please send an electronic copy of your current contractto the Grand Lodge FOP Director of Labor Services office. We will accept any electron-ic format of the contract: Word, WordPerfect, PDF, etc. If you do not have a contractwe would like to have current copies of policies, ordinances, and laws that cover yourwages and benefits. We are also collecting the following:

• Copies of grievances that your lodge has filed along with the resolution of thegrievance

• Copies of arbitration decisions

• Copies of court cases and the final decision

• Names and addresses of expert witnesses and if they were useful or not

• Names and addresses of your attorneys including the type of law they practice

We will accept the information in any form but we would prefer receiving it electroni-cally if possible. If your ordinances and laws are available on the Internet please pro-vide the web site address so we can obtain the information as electronically. Please e-mail electronic data files to [email protected] or send them on disk to:

Director of Labor Services222 E. Town St.Columbus, OH 43215

Hard copies of these documents can also be sent to the DLS office if they are notavailable electronically.

Education


Tom PenozaNational [email protected]

Volunteer SingersWanted

Singers needed to volunteer their voices for the2006 National Police Officers MemorialService. As a volunteer, you are responsible foryour own travel and lodging for the event. If youwish to be considered please submit a CD withseveral samples of your talent. We ask youprovide at least one song that you think wouldbe appropriate for the event along with yourown arrangement of the National Anthem. Allsubmissions must be sent to:

FOP/NMCAttn: Marcello Muzzatti711 4th Street NWWashington, DC 2000

All submissions will become the property of the FOP/NMCand will not be returned. Final selections will be made byTuesday, January 31, 2006.


UPCOMING EVENTSLABOR COUNCIL FORUM - February 7-9, 2006Employee rights, the latest advances in bargaining and representation,the latest court decisions affecting our members.

LEGAL COUNSELORS SEMINAR – February 9-11, 2006The value of a PAC fund, how grassroots efforts can be effective, how toobtain rights for your members.

LEADERSHIP MATTERS – February 9-11, 2006Designed to enhance your ability to lead this organization on variouslevels.

Marriott HotelNashville, TennesseePhone: (615) 889-9300

This event offers two days of intense training for current and futureadministrative, financial, and executive officers featuring in-depth groupand break-out sessions.

“The Fraternal Order of Police is committed to furthering thebelief in law enforcement as a profession. We believe that‘knowledge is power.’ Through the Grand Lodge EducationCommittee we provide a number of opportunities to ourmembers to reach that goal.”–Chuck Canterbury,Grand Lodge National President

It is the State and National Lodge’s responsibility to protect the integrityof the FOP name, use the collective influence of all members legislative-ly, offer direction for the FOP as a whole, and, perhaps most important-ly, provide a comprehensive support structure that will motivate andempower each lodge with the tools needed to achieve their goals.

With that in mind, the Grand Lodge has created a series of seminarsdesigned to help each and every lodge achieve their goals. One suchtraining opportunity is the Leadership Matters Seminar for lodge leaders.This expanded two-day course provides lodge secretaries and treasur-ers with the tools they need to more efficiently complete their tasks andalso includes a third track of training for lodge presidents and future lodgeleaders.

Special Announcement:Seminar/Training Scholarships

Available!In certain situations the Grand Lodge can provide assistance in the formof scholarships to members of local lodges or state lodges so that theymay be able to obtain training experiences having a real and direct ben-efit to them. There are three types of scholarships awarded by the GrandLodge: a waiver of seminar registration fees only, a waiver of seminarregistrations fees and expenses, or funding for a training/educationalexperience—though not a traditional Grand Lodge seminar, still qualifiesby being beneficial to FOP members, a local lodge, or State Lodge.

All requests for education scholarships must comply with the follow-ing guidelines:

• All requests shall be on forms (electronic versions available) approvedby the Education Services Committee and filled out completely.

• No state or subordinate lodge shall be eligible for education scholar-ships unless they are in compliance with all segments of theCompliance Committee mandates.

• No individual member may apply for an education scholarship untilreceiving approval from their respective local lodge president.

• All requests shall be made no less than sixty (60) days prior to the startof the scheduled training.

• No member, local lodge or State Lodge may receive more than one (1)scholarship in one Grand Lodge fiscal year.

You may contact the Grand Lodge to have the Education Scholarshippolicy and form faxed, mailed or e-mailed. This new program may alsobe found on the Grand Lodge web site at www.grandlodgefop.org. TheEducation Services Committee will review all requests and will make arecommendation to the Grand Lodge President for final approval.

Please submit entire scholarship request to: Education ServicesCommittee/Scholarship Request, Attn: Rick Duvall, 1410 Donelson Pike,Suite A-17, Nashville, TN 37217, Fax: 615-399-0400, E-mail:[email protected].

Designed to empower lodge leaders with the tools needed to succeed,this training is a must for lodge leaders—both present and future—aswell as lodge secretaries and treasurers. This years seminar will takeplace in Nashville, TN during February 9-11, 2006.This unique trainingexperience will feature leadership and motivational components as wellas highlight the extensive list of resources available to local and Statelodges.The class size is limited to only 250 participants—last year’s classsold out—so don’t delay in sending in your registration.

Contact Rick Duvall at the Grand Lodge for more information or to regis-ter: [email protected] or call 800-451-2711.

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“The most valuable asset we have as an organization is our good name. A namestrengthened by almost 100 years of fighting for the rights of America’s lawenforcement officers. Protecting this asset is the responsibility of each and everymember.” —Patrick Yoes, National Secretary of the Grand Lodge FOP.

The federal law controlling the use of trademarks stipulates that if the owner fails to police the mark, the owner will bedeemed to have abandoned its rights to the mark. Thus, if the Fraternal Order of Police were deemed to have abandoned its mark any third partycould utilize—and profit from—the use of our trademark. This is a very serious matter. The National Board of Trustees adopted Trademark

Regulation #5 stating:No member shall sell, give, or loan to a non member any item bearing the words“Member” or “Active Member,” nor items that would lead a reasonable person tobelieve that such individuals displaying such items is an Active Member of theFraternal Order of Police. Decals, bumper stickers and the like used in fund raisingshall include the words or wording: “booster,” “sponsor” or “supporter.”

This rule was enacted because of the sale of active member decals and emblems, as well as articles of clothing with the FOP insignia, on EBay—and otherinternet auction sites. One of the ways the Grand Lodge is taking an active role in policing the sale of FOP merchandise is by bidding on items in order tolearn the identity of the seller. The policy of the Board is to take legal action against unauthorized use of our trademark. Be advised: it is not a harmlessactivity selling merchandise on EBay if that merchandise contains any reference to the Fraternal Order of Police.

EBay Beware! It’s a Matter of Officer Safety

NASCAR Sprint Nextel Series FOP Appreciation Day

In only its second year, our partnership with Sprint Nextel has once againprovided 500 FOP members and their families an opportunity to attend a Sprint Nextel NASCAR Series Race. The first FOP Appreciation Day

took place in Charlotte coordinated by the North Carolina State Lodge. Thisyear it was at Phoenix International Raceway on November 13, 2005.Coordinated by the Arizona State Lodge, recipients were provided compli-mentary tickets that granted access to the Sprint Nextel hospitality pavilionwhere they were provided refreshments, entertainment, and an opportunityto meet the NASCAR drivers who stopped by. The Arizona FOP providedan information booth highlighting the FOP’s accomplishments, as well ascollected donations for the FOP Foundation. The Mesa Police DepartmentHonor Guard presented colors on stage at the start of the race

“This is our way to show our appreciation to America’s law enforcement offi-cers for all they do in making our communities safe,” said Bob Foosaner, Sr.Vice President and chief Regulatory Officer with Sprint Nextel. “We hope tocontinue this effort by selecting a different track each year to give membersall across the US an opportunity to participate,” he added.

Members of the Mesa Honor Guard are shown with Grand Lodge NationalSecretary Patrick Yoes and Sprint Nextel VP Bob Foosnaer before the start ofthe race. From left: Officers Tammie Olson, Dave Enriquez, Dan Brown, Yoes,Foosaner, Sgt. Bryan Soller, Lt. Jeff Kirkham, and Officer Liz Trujillo.

On December 28, 2004, Mike Kralicek, aCoeur d’ Alene, Idaho police officer, wasshot in the face at point-blank range

while responding to a routine call. His life hasbeen anything but routine since that cata-strophic event. The 33-year-old patrolman’swounds were lethal. The bullet severed hiscarotid artery and lodged in his neck. TwoKootenai County Sheriff’s deputies, also on thescene, returned fire and killed the assailant.

Mike was not given any chance of survival bythe physicians who treated him. When itbecame apparent he was going to survive theywere convinced he would be a vegetable.Thanks to the courageous battle waged by hiswife Carrie and her tenacious refusal to acceptwhat everyone tried to convince her wasinevitable, Mike Kralicek is not only alive todaybut at the time of this writing he is speakingand has even been able to walk short distancesunassisted.

Since being shot, the family has been strug-gling against what they describe as an indiffer-ent state bureaucracy that’s draining the familyfinances and limiting Mike’s recovery. According to Carrie, MikeKralicek has made amazing progress despite being cast in a bureau-

cratic nightmare. Carrie has spent countlesshours on the phone with the quasi-state agencytrying to get somebody to approve items andmoney which could help improve Mike’s quali-ty of life and help him continue to recover fromdevastating injuries that have left him in awheelchair and partially paralyzed. She contin-ues to fight for Mike’s benefits and has becomean advocate for improving benefits for fellowofficers facing a similar situation.

“The community support has been phenome-nal,” Carrie said. “Wendy Carpenter, the chief ofpolice in Coeur d’ Alene, has absolutely beenwonderful. I can’t imagine how people who don’thave the support we do make it.”

Mike continues to work hard in rehab.Though physically limited, his cognitive func-tions are entirely intact and his sense of humorvibrant. Recently, in a conversation with Mike,he reflected on his experience making thisobservation:

“Life is like a rollercoaster. And it is the dipsthat make a rollercoaster exciting.”

Mike and his wife, Carrie, have two daughters,ages 17 and 11. For an update on his progress go towww.idahofop.com/kralicek.html.

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Police Representing Police

News

Officer Down But Far From Out

Mike Kralicek with his wife Carrie and Police ChiefWendy Carpenter.

FOP NationalTrustee Award

Goes toBrashear

In October 2005, DonBrashear was presented withthe Grand Lodge Fraternal

Order of Police National TrusteeAward for his outstanding serv-ice to the organization. BrotherBrashear joined the Kentuckystate lodge in 1963. He was elect-ed to the executive board in 1971and has also served the statelodge as Guard, Controller, andas Treasurer – a post he still holds today. Overall, he has been a member of the FOP for 42 years.

National Trustee Award presentation at the Kentucky FOP Fall Conference on October 23, 2005. Fromleft to right are: Kentucky FOP National Trustee Mike Hettich, Kentucky FOP 2nd Vice President KevinPendigraph, National FOP President Chuck Canterbury, Kentucky FOP Secretary Denis Spalding,Kentucky FOP Treasurer Don Brashear, Kentucky Vice President Berl Perdue, Kentucky FOP PresidentMartin Scott, Kentucky FOP Sgt. at Arms Spike Jones

Early Memorial ImagesRequested

It is hard to believe 25 years have passed since thefirst FOP National Police Officer Memorial Services.We are planning an Anniversary Gala and need yourhelp. We are attempting to create a program depictinga 25 year pictorial journey of our memorial services.If you are anyone you know has photos of the earlymemorial services held in Washington, DC, pleasesend us a high resolution scanned copy or the origi-nal. For more information, please contact Rick Duvallat 1-800-451-2711.

The 2005 National Peace Officers Memorial Day Service, honoring those officerskilled in the line of duty during 2004, is now available on DVD. The annual serv-ice caps National Police Week and this outstanding production features manyextras. A highlight is atouching photographic mon-tage accompanied by coun-try music artist DarrylWorley’s moving song “I MissMy Friend.” Along with theceremony - featuringPresident George W. Bushpresenting the keynoteaddress - are segments cov-ering the honor guard com-petition, the roll call of fall-en heroes, and the candle-light vigil.

The cost of the DVD is $15.00 including shipping & handling. Quantities arelimited so if you are interested in owning a copy please contact the Grand Lodge(800-451-2711) or e-mail [email protected].

1 2 G R A N D L O D G E F O P J O U R N A L • D E C E M B E R 2 0 0 5

GRAND LODGEFRATERNAL ORDER OF POLICE1410 Donelson Pike, Suite A-17Nashville, TN 37217-2933

NON PROFITU.S. POSTAGE

P A I DNASHVILLE, TNPermit No. 2418

NATIONAL PEACE OFFICER’S MEMORIAL DVD NOW AVAILABLE

On behalf of the Grand LodgeOn behalf of the Grand LodgeFraterFraternal Ornal Order of Police, we wishder of Police, we wishyou and yours the very best for theyou and yours the very best for the

holiday season!holiday season!

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