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| January 2007 | Roger
Mayberry, President | Page
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President's
Notes Can you believe it is a new year already…………..what happen to 2006 it came and when so fast it almost seems like a blur. The State FOP Lodge will be heading down a new road during the year ahead of us. Increasing membership is always on our list of things to do, we will be working with NFOP on a membership drive this year starting in early March. Picking up the pace in the search for a State Lodge Headquarters Building, expanding services to our members and looking for ways to move forward in improving working conditions for all law enforcement members. Education News In the area of service to our members starting this month FOP members across the country can get a 20% discount on advanced educational degrees offered by 10 colleges and universities, from California to Virginia. All offer online studies and seven provide traditional classroom learning. Dubbed FOP University, the program is offered by the National FOP Education Committees to accommodate the schedules of working law enforcement officers. Students can work toward any degree, from associate to PH.D. in any field of study. Some applicants may be required to take basic courses at a community college before starting their advanced curriculum. The 10 participating schools are:
FOP attorneys have approved and signed off on agreements with the schools and FOPU web pages are ready but will not be online until the program officially starts, likely this mouth. Enrolling members will simply go to the main Web site, www.FOP.Net and click on “Educational Services” for summaries of the colleges’ programs, fees and applications. NFOP will incur no expense and members will benefit from a 20% reduction in tution. For participating schools the enticement to offer a discount comes from the potential enrollment received from the 325,000 members nationwide. Those who earn a degree will receive two diplomas, one from the selected school and an honorary diploma from the National FOP. The hope is to pass out the first NFOPU diplomas at the 2009 conference. The National FOP leadership and State Lodges have been asking for this type of program for over five years and it is now a reality. The program is modeled after an existing program offered by the Los Angeles County Sheriff’s Department. The program has been in place for several years and has been a huge success for them. Go to WWW.FOP.NET for more information. | ||
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| January 2007 | Roger
Mayberry, President | Page
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For The Good Guys ……Deputies union cleared of crime RIVERSIDE COUNTY: U.S. prosecutors end a probe into claims that funds were misappropriated. 10:00 PM PST on Thursday, December 21, 2006 By LISA O'NEILL HILL and KIMBERLY TRONE | ||
The Press-Enterprise Federal prosecutors will not file criminal charges and have closed an investigation into allegations that Riverside Sheriffs' Association officials misused more than $100,000 of union funds on attorney fees for a fired sheriff's deputy, lawyers involved in the case said Thursday. The decision to close the probe ends an inquiry that lasted at least a year and began after anonymous faxes showed up at sheriff's stations in Riverside County alleging embezzlement and corruption within the union, which represents more than 3,000 deputies and other county law-enforcement personnel. The criminal probe involved the federal grand jury, a search of sheriff's union headquarters in September and interviews with union officials who maintained they had done nothing wrong and that a disgruntled former employee had smeared their names. The decision to end the investigation exonerates and vindicates the union and its Legal Defense Trust, their attorneys said. Assistant United States Attorney Thomas O'Brien this week issued a two-line letter saying the investigation is over but that the office reserved the right to reopen it. Attorneys for the union and the Legal Defense Trust said that is standard language. "This is about as great of a letter as you will | ever get from the federal government," said Michael J. Proctor, an attorney representing the Legal Defense Trust. "On a scale of 1 to 10, this is a 10 in exoneration." Thom Mrozek, spokesman for the U.S. attorney's office in Los Angeles, said his office does not comment on private communications sent from his office. Prosecutors have never commented on the investigation. Riverside County Undersheriff Neil Lingle said his department had not received official word from the U.S. Attorney's Office that the case has been closed. "However, we have learned preliminarily that they are not going to seek federal charges because of a lack of resources," he said, without elaborating. "As with all of these types of cases, we will now have to determine if there have been any violations of departmental policy and move forward accordingly." Proctor said union attorney Manny Abascal said federal prosecutors gave up on the case because the union did nothing wrong and for no other reason. Federal authorities had been investigating whether officials with the union misused money from its Legal Defense Trust, a separate body from the union that makes decisions about coverage for union members. Members pay dues into the trust. Union members are given legal representation in criminal, civil and administrative matters that arise within a scope of a member's employment, according to a description of the Legal Defense Trust on the Riverside Sheriffs' Association Web site. | The investigation stemmed from allegations in the faxes that union funds were being misused on legal expenses for fired Deputy Duane Evan Winchell, who pleaded no contest in 2004 to two misdemeanors in connection with trespassing on and vandalizing his girlfriend's home. The faxes alleged that the union should not have paid for Winchell's legal fees because his criminal conduct occurred off duty. They also alleged that the union paid his legal fees in a civil lawsuit and in an attempt to get his job back. Winchell was fired in 2003 and sentenced to two years' probation the following year. His criminal record has since been expunged, Danuta Tuszynska, the lawyer who represented him in the criminal case has said. The faxes singled out union president Pat McNamara, who later filed a defamation lawsuit against former employee Scott Teutscher, alleging Teutscher distributed the faxes. Teutscher was the union's legal operations manager until he was fired in September 2005. Neither Teutscher nor his attorney could be reached for comment Thursday. McNamara also could not be reached by phone. Teutscher's attorney has said that his client denies the allegations in McNamara's lawsuit. Court records show that Teutscher provided information to federal investigators. (Continued Page 3) |
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| January 2007 | Roger
Mayberry, President | Page
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In a written statement issued Thursday, McNamara said the union did nothing wrong and provided a strong and vigorous defense for a member who was entitled to receive benefits. "We will never allow anonymous faxes, politics or unwarranted investigations to stop us from defending and protecting the rights of our members," he said. Abascal said Thursday the allegations have caused irreparable damage. He said the union cooperated with the inquiry and said seven members gave voluntary interviews to authorities. "I think some people came to the U.S. Attorney's Office with false information and said we made an improper decision for coverage for a member," Abascal said. "They were just wrong and frankly they just lied." President
Notes FOP attorneys have approved and signed off on agreements with the schools and FOPU web pages are ready but will not be online until the program officially starts, likely this mouth. Enrolling members will simply go to the main Web site, www.FOP.Net and click on "Educational Services" for summaries of the colleges' programs, fees and applications. NFOP will incur no expense and members will benefit from a 20% reduction in tution. For participating schools the enticement to offer a discount comes from the potential | enrollment received from the 325,000 members nationwide. Those who earn a degree will receive two diplomas, one from the selected school and an honorary diploma from the National FOP. The hope is to pass out the first NFOPU diplomas at the 2009 conference. The National FOP leadership and State Lodges have been asking for this type of program for over five years and it is now a reality. The program is modeled after an existing program offered by the Los Angeles County Sheriff's Department. The program has been in place for several years and has been a huge success for them Go to WWW.FOP.NET for more information. Bush
signature will aid families of The Associated Press WASHINGTON President Bush signed legislation Thursday allowing the families of five firefighters killed in a Southern California arson blaze to get more than $1 million in donations despite an IRS snag. California lawmakers rushed the legislation through the House and Senate in Congress' final legislative hours. It will allow the Central County United Way in Hemet to keep its tax-exempt status while distributing charitable dollars to the families of the U.S. Forest Service firefighters. | Internal Revenue Service rules prevent tax-exempt charitable organizations from raising money to benefit individuals, so the United Way risked losing its tax exempt status if it gave out the money. In addition to ensuring United Way can give out the donations while remaining tax-exempt, the law also specifies that donors can write off the donations and that recipients won't be taxed. The same exemptions were enacted for families of victims of the Sept. 11 terror attacks, which is partly why United Way officials have said they were confused about the rules after Riverside County asked them to handle the donations. "Hopefully the signing of this bill by the president will bring some comfort this holiday season to the families and friends who lost their loved one as a result of the Esperanza Fire," said Rep. Mary Bono, R-Palm Springs. The
legislation is called the Fallen Firefighters Assistance Tax Clarification Act
of 2006. Published: Thursday, December 21, 2006 16:17 PST
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| January 2007 | Roger
Mayberry, President | Page
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Scheduled
Training Events Leadership
MattersNashville, TNFebruary 8 - 10, 2007 INCORPORTATION I hope your holidays were good to you and you are looking forward to a prosperous new year, as you read this article. For over six years I have been working with your lodge officers to get incorporated, not only because the National and State lodge mandate it, but because it protects the officers of the lodge and membership against lawsuits . Ever heard the phrase "deep pocket theory"? Think about it. You could be held personally liable for actions taken against your lodge. I
would like to ask each and everyone of you to insist that your lodge officers
get the necessary things done to INCORPORATE your individual lodges. I hope I
haven't mentioned or said that "bad' word too early in this article because some
of you have quit reading already. | In the past the State lodge has offered you legal and financial aid to get this done, most of you did not take advantage of this, now it's no longer on the table. This was "no cost" to you or your membership because the State lodge was picking up the tab including a law firm to assist you in legal steps to accomplish this. Sadly the majority did not take advantage of the help, some didn't even return the inquiries. Maybe it's not too late after all, maybe if enough of you show interest in what the State lodge is trying to do for you, we can get it done. If enough show interest this time, once again I'll carry the request for assistance (both legal and financial) to the State lodge E-Board and hope, we, collectively can get something done. This must be a sincere interest not just token effort on your part. I could go on and on about the necessity of this getting done but that would not convince those who don't or won't listen. Ladies and gentlemen, it must be done and requires a total effort on everyone's part. AS THE SAYING GOES" THE BALL IS IN YOUR COURT, PAY OR PLAY" Do you know what Laws ahead (Reprint Westways Magazine) During 2006, the California State Legislature approved a number of new laws of interest. CAR KEY REPLACEMENT SB1542, sponsored by the Auto Club, will | make it easier for vehicle owners whose keys are lost, stolen, or broken to obtain replacement keys. This law takes effect January 1, 2008. For more information on the law, and to find out what you need to know about your vehicle keys, please see "Breaking the Code" on page 58. "Trunking" AB1850 makes it unlawful for a person to knowingly drive a motor vehicle while another person is riding in the trunk; riding in the trunk is also illegal. The driver receives a fine and one point on his or her driving record; the person riding in the trunk receives a fine. The law is a response to some teen drivers' attempts to evade the passenger restriction in California's graduated driver licensing law by hiding teens in the trunk. Since 2000, there have been 153 collisions involving trunking, resulting in nine deaths and 140 injuries. Mature-Driver Courses Mature-driver courses, available for drivers at least 55 years of age, are designed to help older motorists drive safely longer by educating them on proper driving techniques and changes in technology and the law. AB 2407, an Auto Club sponsored bill, permits renewal courses to be completed in four hours. (The initial course lasts for eight hours.) Drivers who successfully complete the course are eligible for a small discount on their auto insurance. Emergency Vehicles SB1610 is intended to enhance |
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| January 2007 | Roger
Mayberry, President | Page
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safety for emergency vehicle and tow-truck personnel working on the side of the road. Drivers approaching a stationary authorized emergency vehicle or tow truck with its siren or emergency lights activated must proceed carefully and move into an available lane at least two lanes away from the emergency vehicle or tow truck. If such a move is not safe, practical, or legal, the driver should slow to a reasonable and prudent speed. The law expires on January 1, 2010. Right-of-Way Violations SR1020 requires the DMV driver handbook and traffic-violator school curriculums to include information about respecting the right-of-way of others, particularly pedestrians, cyclists, and motorcyclists. It also increases the fine for right-of-way violations that result in bodily injury or great bodily injury. Violators will pay a fine of at least $245 if bodily injury is involved and at least $345 if great bodily injury is involved. For purposes of this law, great bodily injury means "any significant or substantial physical injury." Reckless Driving and Street Racing AB2190 makes reckless driving and street racing that results in great bodily injury a felony offense for first-time violators. Previously, only those with a prior conviction for this offense could be charged with a felony. Great bodily injury includes loss of consciousness, concussions, bone fractures, wounds requiring extensive suturing, serious disfigurement, and paralysis. Driving Under the Influence AB2752 increases the penalties for underage drinking and driving. The new law makes it a criminal offense instead of a civil penalty for a driver | under 32 years of age to have a measurable blood-alcohol concentration of 0.01 percent. First-offense infractions will carry a minimum fine of $350. Wireless Telephones SB 1613 prohibits the use of handheld cellular telephones while driving. Starting July 1, 2008, a driver may use a cell phone only if it has a hands-free listening and speaking system. Drivers ticketed for a violation will be subject to a minimum total fine of $70 for a first offense and $175 for subsequent offenses. "Push-to-talk" systems (such as Nextel are exempt from the hands-free requirement until July 1, 2011. Vehicle Impoundment Under AB 2253, a court can impound a vehicle used in the illegal dumping of waste matter for up to six months if the person driving the vehicle has a prior conviction for the offense. Waste matter does not include beverage containers or food wrappers, but it does include oil and other petroleum products, paints, garbage, furniture, dirt, gravel, and body parts. Smog Check Under AB 1870, beginning January 1, 2008, vehicles that emit visible smoke from the tailpipe or crankcase during a smog inspection will fail the test. A vehicle owner can appeal a failing result to a state-designated referee; low-income vehicle owners may be eligible for repair assistance. Driver Assessment AB 2542 requires the DMV to implement its evaluation system for identifying drivers with medical | problems and functional limitations. A report to the legislature on the results is due by December 31, 2011; the law expires January 1, 2012. Day
on the Hill 2007: The F.O.P. Day on The Hill 2007 will begin on Monday, 12 February 2007. The National Legislative Office and the National Legislative Committee will host a short briefing on our legislative agenda at the District of Columbia Lodge #1 at 711 4th Street, NW. The briefing will take place on Monday afternoon and last approximately one hour. Additional details will be forthcoming. Tuesday and Wednesday, 13-14 February, will be devoted to your meetings with Members from your home States and districts. These appointments should be made in advance!!! Event participants should make every effort to have their Representative or Senator attend the meeting along with the appropriate staff person. Accommodations for "Day on the Hill" Participants. The National Legislative Office has arranged for accommodations at the Red Roof Inn, at the rate of $139 per night. (Click for Red Roof website). The Red Roof Inn is located at 500 H Street, NW, and is within walking distance of the Metro. Make your reservations now by calling 202-289-5959 and tell them you are with the Grand Lodge Fraternal Order of Police's "Day on the Hill" event to get this special rate. |