Wednesday, November 9, 2011

Issue 2 falls, Ohio collective bargaining law repealed



Posted by -->at 09:38 PM ET, 11/08/2011






Ohioans voted Tuesday night to repeal a Republican-backed law that restricted collective bargaining for public workers, a victory for Democrats and labor organizers both nationally and in the state.
AP has declared Issue 2 (as the law was called on the ballot) dead. As of this writing, with about 75 percent of precincts in, repeal led by a whopping 62 to 38 percent margin.
Gov. John Kasich (R) took office in January vowing to curb unions’ power. But he appears to have overstepped his hand in curtailing the rights of 350,000 public workers — including firefighters and police officers — to negotiate over benefits, equipment and other issues.
The backlash against the law began as soon as Kasich signed it, in March. By August, when the governor asked for a compromise with unions, it was too late.
“It’s clear that the people have spoken and my view is, when people speak in a campaign like this you have to listen,” Kasich said in a press conference after the results came in. He said he would “take a deep breath” and think about the results. “But let me be clear, there is no bailout coming” for the state, he said, adding that he would work with local governments to curb costs.
As in other states, the law became a battleground for an ongoing fight between labor and conservative groups over collective bargaining. In Wisconsin, after Gov. Scott Walker (R) eliminated collective bargaining for many public employees, Democrats and labor failed to take back the state Senate in recall elections. Now, unions have their first bonafide win.
By including firefighters and police officers in the legislation, Republicans in Ohio set themselves up for a far more difficult fight. Wisconsin’s collective bargaining law made exceptions for both.
“This was an effort by the entire labor movement in the state,” said Lee Saunders, secretary-treasurer of the American Federation of State, County and Municipal Employees. “All labor was together.”
Labor groups, led by the National Education Association and the Ohio Education Association, through the group “We Are Ohio,” poured $30 million into the repeal effort. Opponents of repeal, under the banner “Build A Better Ohio,” raised only $7.5 million.
“This was a thrashing in Ohio — a huge overreach by extremist Republicans and an enormous victory for average working families,” said Steve Rosenthal, a longtime Democratic labor strategist. “A sleeping giant may have been awoken in the process. In Ohio nearly 30 percent of the vote in 2012 will come from union households. There is enormous energy coming off this victory.”
Democrats also claimed victory, framing the results as a rebuke to Republican lawmakers across the country after the GOP swept statehouses across the country in 2010. Ohio Democrats were brutally beaten in that election.
In addition to limiting bargaining and banning strikes, the law mandates that public workers pay 15 percent of their health-care benefits and 10 percent of wages into their pensions — something that state, but not county and local workers already do.
Republicans argued that the legislation was not only fair, but necessary to balance the budget. Democrats and unions argued that it was a senseless attack on hardworking public servants.
A separate referendum to bar all health-care mandates, Issue 3, passed by a wide margin — 66 percent to 34 percent with 74 percent reporting.
The constitutional amendment is a rebuke of the Obama administration’s health-care legislation, although even supporters acknowledge that they cannot supersede federal law. It does prevent a Massachusetts-style state health-care mandate. Critics fear the broadly-written measure could bar immunizations or regulation of health insurers.

Collective bargaining rejected for Sheriff's Office in Cameron County!






Cameron County voters on Tuesday rejected collective bargaining rights for Cameron County deputies and detention officers by a slim margin.



By a vote of 2,321 in favor and 2,639 against, the initiative failed. Initial vote counts had indicated that it would be a tight race.



Cameron County Sheriff’s Deputies Association President Luis Mendita could not be located for comment.



But he, with the help of the Combined Law Enforcement Association of Texas (CLEAT), led the effort that would have allowed deputies and detention officers to organize and bargain with the county regarding compensation, hours, and other conditions of employment.



Polls opened at 7 a.m. and closed at 7 p.m., drawing 3,266 voters on Election Day, 1,815 votes during the early voting period, and 19 mailed-in votes.



The collective bargaining initiative drew 924 early votes for it and 830 votes against it. A total of seven mail in votes were cast for it and 12 were cast against it.



On Election Day, 1,390 votes were cast in favor and 1,797 votes were cast against. A total of 5,100 votes were cast in the election.



The voter turnout was significantly low. There are 169,950 registered voters.
The returns were not available until 9:50 p.m., because the boxes from Harlingen came in late, a couple of hours after the polls closed at 7 p.m.



This is not the first time that the Harlingen boxes come in later than what would be expected.
But County Election and Voter Registration Administrator Roger Ortiz said, “rather late than wrong.”




Proponents had argued that a collective bargaining agreement would protect deputies and detention officers, providing them adequate pay and other benefits. Opponents, on the other hand, argued that bargaining agreements would deplete funds for the operation and maintenance of the county to detriment of the county’s operation and maintenance and other employees not protected by an agreement.



Commissioners Court was forced to place collective bargaining on the ballot after the association turned in a petition for the referendum containing more than 3,400 signatures.

Monday, November 7, 2011

CLEAT Convention Held in Corpus Christi

With the defense or public retirement benefits on the minds of most in attendance, members travelled to Corpus Christi for the 35th annual CLEAT convention October 20-22nd.

CLEAT pollster Todd M. Smith and political consultant Nancy Fisher addressed CLEAT leaders at a retirement seminar on Thursday in which the focus was the recent attacks on public pensions. Smith relayed that public attitudes on defined benefit retirements are not as negative as national pundits would have you believe. When those polled learn the facts, such as most public safety employees do not participate in social security and contribute 6 to 14% of their income to their own pension, then polling results were found to be favorable. For example, in the poll commissioned by CLEAT, 95% of those polled believe that police officers deserve a descent retirement and 69% believe it should be higher than those in the private sector.

Nancy Fisher was called in to help during the 2011 legislative session when local “agreed to” pension legislation for Austin Police and Fire came under attack. Opponents attacked the bills with misinformation and the key was educating legislators on the truth. She praised CLEAT for efforts made within the internal political process to overcome the opposition and move the legislation forward.

In the general session on Friday, President Todd Harrison addressed the membership on the state of CLEAT. He reminded members that CLEAT was formed by regular cops 35 years ago to bring rights like civil service, collective bargaining, and arbitration to the rank and file. They did it by organizing and meeting in hotel rooms across the state, including a hotel room in Corpus Christi not far from the current convention hotel. Since then, the membership has grown to over 18,500. Despite tough economic times, CLEAT’s growth and finances are strong, he said. He also reminded members that CLEAT’s books are “open records” to anyone interested in how CLEAT has invested or spent the members money or if you are a CLEAT member with a question, our staff is ready to assist you.

Sean Smoot, of the Illinois Police Benevolent Protective Association addressed the membership. Smoot outlined the fight to defend police pensions and benefits in Illinois. Smoot discussed the PBPA “We are One” campaign and the importance of educating both the public and legislators as to the truth. He explained that organized opposition in all of the national attacks on pension benefits is coordinated through the use of a process known as “astroturfing” which is a form political advocacy that is designed to give the appearance of a “grassroots” movement when in fact the attack is orchestrated by a political group or entity with a predetermined agenda. He pointed out that millionaires like the Koch brothers are behind a lot of these “astroturf” campaigns.

Also, on Friday, members heard from Brent Hatch from Texas’ Division on Workers Compensation. Mr. Hatch discussed the new changes to the Texas Workers Comp system for first responders. These changes were a result of legislation developed and passed by CLEAT during the last legislative session.

On Saturday, members honored those who have made great sacrifices protecting the public the past year. In an emotional presentation, members remembered 20 officers who have made the ultimate sacrifice in the last 12 months. Medals of Valor were also awarded to Sergeant Patricia Lenoir (Sweetwater), Officer Lee Ortiz (Snyder), and Corporal Darrell Campbell (Snyder).
Lt. Governor David Dewhurst addressed the membership and thanked CLEAT for the support shown over the years. Dewhurst outlined important legislation supported by CLEAT that he we was able to help through the legislative process as the president of the Texas Senate. Dewhurst also addressed the retirement issue and committed to ensuring that officers pensions are secure in the future.

CLEAT also honored the following award winners, Corpus Christi Police Officers Association – CLEAT Local Association of the Year, Brownsville Police Officers Assciation – CLEAT Organizing Award, Wayne Vincent (Austin) – Ludwig Bruno Award, Jose Marrufo (El Paso County) – Douglas Ward Award, Michael Helle (San Antonio) – Reuben Cisneros Award, Edward Garces (Brownsville) – Lifetime Achievement Award, Ron Martin (El Paso) – Brass Balls Award, Edward Martin (Jefferson County) – Legislative Steward Award.

CLEAT’s Regional Directors also awarded Officer of the Year awards to a members from their regions. CLEAT congratulates the following winners: Sergeant Antionio Molina, Jr. (Region 1B), Deputy Cynthia Hooper (Region 2), Detective Michael Helle (Region 3A), Deputy Loudes Najara (Region 3B), Deputy Luis Alva (Region 3C), Officer Henry Rivera (Region 4A), Detention Officer Jean-Claude Drouin (Region 4B), Officer Lee Ortiz (Region 5), Sergeant Landis Cravens (Region 6), Detective Edward Martin (Region 7), Lieutenant Gary Rosch (Region 8A), Sergeant Sam Stock (Region 8B), and Sergeant Brad Meyer (Region 9).

In new business, a number of proposed constitutional amendments were tabled. President Todd Harrison announced that a two-day constitutional convention would be called next year to develop a constitutional changes that can be supported by all groups in CLEAT. Also, an effort to expand the size and membership of the CLEAT executive board was defeated in roll call vote of the board of directors.

Pictures from the convention can be found online here:

http://cleatpomf.shutterfly.com/

Wednesday, September 14, 2011

Letter to CLEAT from President Marrufo!!



CLEAT,

Once again you have proven why being part of this great organization pays off. On Tuesday September 6, 2011, CLEAT contract attorney Brock Benjamin, who is filling in for staff attorney Miles McNeal, arbitrated and successfully got a one day suspension overturned with no discipline.
Cpl. Joseph Medina received (1) one day suspension for leaving his post to move his POV for safety and security reasons. Although the officer was verbally counsel by his Lieutenant, as per our departmental policy, the Sheriff felt that further discipline was required. The Sheriff contended that Cpl. Medina left his post unsupervised and without permission from his Lieutenant. Mr. Benjamin present evidence, that clearly showed Cpl. Medina not only acted in a professional manner, but complied with all written and verbal orders.

A one day suspension might no seem like alot, but no officer should be subject to discipline and endure a financial hardship without just cause. CLEAT has a record here in El Paso and around the state, that we can proudly hang our hats on. If Sheriffs and Chiefs around the state are willing to spend hundreds if not thousands of dollars of tax payers’ money to fight one day suspensions, it’s comforting to know that local Associations’ along with CLEAT will fight back.

Again great job Mr. Benjamin and CLEAT!!!!!!!!!

Jose G. Marrufo Jr.

President-El Paso County Sheriff’s Officers Association

Saturday, August 20, 2011

2012 Scholarship Applications!!!


The El Paso County Sheriff's Officers Association would like congratulate Deputy Rudy Payan and his son Albert "Scottie" Payan on his selection as the first ever recipient of the EPCSOA Scholarship. Scottie graduated from Burges High School and plans to attend The University Of North Texas where he will Major in Theater with a Minor in Communications. Scottie was a member of the National Honor Society, chosen "Outstanding Citizen" Senior Class, Senior "Class Favorite", and "Top Ten" Senior by teachers and peers at Burges High School. Scottie also participated in athletics while at Burges where he was a member of the Football and Track teams. Scottie describes his awards in Theater as his most important awards as this is the Career he plans to persue. He received the following: Best Actor Award at the District Competition, Best Comic Actor in a play,and the All Star cast. Scottie attributes his leadership and discipline to his years in The Boy Scouts where he achieved Senior Patrol Leader and was awarded the Order of the Arrow, an Honor Group.

Don't forget if you are a current or retired member of the EPCSOA and have a dependent graduating from High school or curently attending a 4 year College or University they are eligible to submit an application for this scholarship.

Application packets must be submitted by January 31st of every year. Incomplete or late packets will not be considered. Any questions or to obtain a scholarship packet please email scholarships@epcsoa.com

Monday, August 8, 2011

Family Tradition!!

Jesse G. Leyva the son of Detention officer Lucina Silva, and retired Detention Officer Gustavo Leyva, will be sworn in on 08-14-2011 as a new Detention Officer with the El Paso County Sheriff's Office. Luci is very proud of her son joining the Sheriff's Office following in both Luci's and his father footsteps. Luci herself has been in the department for over 19 years, and gets emotional when talking about her son and reflecting on the years gone by. Luci is very proud of her son Jesse and welcomes him to the Sheriff's Office family. Congratulations Luci and Gus, and good luck to Jesse G. Leyva in your career.

Tuesday, July 26, 2011

What to Expect if You are Involved in a Critical Incident


By Fort Worth CLEAT Attorney Craig Driskell


Although most critical police incidents involve shootings, don’t forget that other incidents can generate the same level of investigation and media attention such as: in-custody deaths, fleet accidents involving serious bodily injury/death, etc.
So what do you do if you’re involved in a critical incident? This article is a very brief overview of what to expect in a Q&A format:

Q: What should I do if I’m involved in critical incident?

A: Let me answer this by saying that BEFORE you are involved in a critical incident make sure you are aware of your department’s requirements when you’re involved in an incident. For sure you are supposed to notify dispatch and your supervisor; however, don’t forget to contact your CLEAT attorney. Better yet, your fellow officer should make this call for you by calling 1-800-752-5328. After the CLEAT attorney has been notified, the next thing you should do is sit in your car, or someone’s patrol car, and limit what you say until the attorney shows up. The reason is that whatever you say to fellow officers and supervisors IS NOT privileged communication. Obviously you have to give some explanation as to what just happened – just don’t go into too much detail until your CLEAT attorney shows up and has a chance to advise you.

Q: When should I contact my CLEAT attorney?

A: Sort of answered in the first question, but I don’t mind restating it again, and again – call your CLEAT attorney as soon as you are involved in a critical incident. We have excellent response times and the quicker we get to you and get you debriefed, the faster the investigation will go. Keep in mind, Peer Support officers, CID detectives, IA detectives, Crime Scene personnel, and others are waiting patiently for the CLEAT attorney to finish up with his/her confidential interview with you before they can get started with their respective duties at the scene. It’s all about teamwork!


Q: Who all shows up to the scene?

A: Let’s face it; a critical incident is a big deal not only for you the involved officer but for the department as it quickly gets the attention of the media. Matter of fact when I am driving around looking for the critical incident scene, I look for the news helicopters - seriously. The following are a list of folks who may show up to the scene: your supervisory chain, head of your agency, your association representatives, Crime Scene, Peer Support officers, Public Affairs spokesperson, IA, CID, and of course your attorney.


Q: Who do I have to talk with at the scene?

A: After you’ve had an opportunity to consult with your CLEAT attorney, detectives will do a walk-through of the crime scene. This should be done with your attorney by your side the entire time. Detectives want to know what happened from your perspective. The better trained departments understand that some officers are a bit fuzzy on details due to the stress of the incident; however, do the best you can. In the days that follow, you may have better recall. If you remember important details, contact your attorney who will arrange for the detectives to re-interview you.

Another person who will want to talk with you either at the scene or back at the station, are Peer Support officers or counselors (sometimes referred to as Emergency Response Team Members/Providers). Peer Support officers or counselors are specially trained to provide assistance and guidance to officers involved in traumatic incidents. The good news is that your conversations with these members is confidential under §784.003 of the Texas Health and Safety Code.


Q: What’s the difference between Garrity and Miranda Warnings?

A: After leaving the critical incident scene, you will probably go back to the station to be interviewed. As a condition of being employed, you have to go through this interview. Your CLEAT attorney is not usually allowed to be present since this is an administrative interview. Since you could possibly make incriminating statements against yourself, the tradeoff is that the U.S. Supreme Court, in Garrity vs. New Jersey, 385 U.S. 493 (1967), prohibits your statements made during this mandatory interview, from being “used [against you] in subsequent criminal proceedings.”

On the other hand, let’s say things take a turn for the worse and criminal investigators want to talk with you about your critical incident. You still have rights! If anyone from the FBI, the Texas Rangers, or any criminal investigator wants to talk with you, don’t agree to do so without first consulting with your attorney. These folks are the ones who will start your interview off by reading you your Miranda Warnings. Keep in mind, just because you are a police officer you DO NOT have to waive your 5th Amendment right against self-incrimination. While you have to cooperate with IA, you don’t have to cooperate with criminal investigators.


Q: When will I get my gun back?

A: At the critical incident scene, the firearm you used will typically be taken from you by Crime Scene. At some point you will be given a replacement weapon, sometimes at the scene and sometimes at the station. Either way, you will lose the firearm for some period of time so ballistics can be done. Just remember that before you go back to work, you will need to qualify with the replacement weapon.


Q: How long does the investigation take?

A: And the answer, to no one’s surprise, is – “It just depends.” I’ve seen investigations get wrapped up in just a few months and others a lot longer. Just depends on the complexity of the critical incident. Your incident will go through legal reviews and chain-of-command reviews.


Q: Will my incident go before a grand jury and do I have to be present?

A: Just depends on your local District Attorney. For example, while the Dallas County DA presents all officer-involved shootings to grand juries, the Tarrant County DA only presents officer-involved shootings resulting in a suspect death.
During my stint as an assistant district attorney in Harris and Tarrant Counties, I found the members of grand juries to be pro-police and often times wished they could hug or thank officers for bravery after hearing about the incident the officer was forced to deal with. So in a word, relax. You will not be called to be a witness before a grand jury. What usually happens is an Assistant DA with the assistance of a detective will present the critical incident to the grand jury, without the officer ever being present. The grand jury then votes in secrecy to either “True Bill” (indict) or “No Bill” the officer. Thankfully grand juries rarely, and I mean rarely, indictment officers for his/her actions during a critical incident.


Q: What happens if I get sued?

A: It does happen occasionally that a family of a suspect will sue a city, the police department, and every single officer who was at the scene of a critical incident involving a fatality. Just goes with the job. The good news is that most of these law suits are frivolous and are dismissed. The main thing to know is that if you do get sued, statute requires the City to provide you legal representation. In the off chance the City denies you legal support, CLEAT is there for you.