Professional Documents
Culture Documents
President John Riveras Message .................................... 2 Circuit Court Rules FRS Changes Unconstitutional .... 3 Executive Director Matt Pucketts Message...................... 4 Update on the Prison Privatization Lawsuit .................... 5 Thinking of Telling Off Your Employer? Please Think Again! ...................................................................... 5 Senator Bill Nelsons Guest Article ................................ 6 Governor Rick Scotts Article NOT! ............................ 6 Chief Financial Officer Jeff Atwaters Guest Article ........ 7 Representation Is Job #1 ................................................ 7 Guest Commentary: Herald-Tribune Series Unfair to Police Unions ............................................................ 8 Director of Business and Services Al Shopps Message.... 8 Dept. of Agriculture Commissioner Adam Putnams Guest Article ............................................................ 9 Told ya so. Now put up the shovel! ................................ 10 PBA Membership Dues Structure .................................. 10 Law Enforcement: A Business or a Public Service? ........ 11 In Memory: David White, Barbara Pill & Ruben Thomas.. 12 2012 Pro Law Enforcement Bills Passed........................ 13 CPO Chapter President Gil Fortners Message ................ 16 SLEO Chapter President Scott Hoffmans Message ........ 17 PBAs Efforts Saved Our Benefits .................................. 17 NAPO News .............................................................. 20-21 What Killed Prison Privatization? .................................... 22 PBA Is Still Here Fighting For You ................................ 22 and Much, Much More!!!
www.flpba.org Florida Police Benevolent Association, Inc. 300 East Brevard Street Tallahassee, Florida 32301
EMPLOYEES WIN!
Roll Call is the official quarterly publication of the Florida PBA 300 East Brevard St. Tallahassee, FL 32301 1-800-733-3722
Brave Heroes
Sadly, we have lost three more brave heroes to the cowardice of coldhearted thugs. In the last month, we lost Clay County Detective David White, Brevard County Deputy Barbara Pill, and Columbia C.I. Sgt. Ruben Thomas. They leave behind loving families, dear friends, and a stunned community. We all are grieving, but our grief will never compare to the loss their families and loved ones are suffering through. Please keep their survivors in your prayers. These three officers were brave enough and proud enough to wear the badge. It is our duty to keep their memories alive.
TREASURER
Ernie George
SECRETARY
Mike Clifton
Legislative Session
I really had to ask myself what more these legislators could do to us this year. Considering the legislative attacks we faced last year, the achievement bar was set really low for this session. Our plan was very simple do not lose anymore ground. However, we felt strongly that more relief was needed for the survivors of our officers killed in the line-of-duty. With heavy hearts, we lobbied to accomplish that priority. Please take a look at what we accomplished on page 13. I thank everyone who made the trip to Tallahassee this year to fight the good fight and I am happy to report that we did not lose anymore ground. As a matter of fact, much of what was lost last session should be returned to us now that we won the FRS lawsuit. We just have to defend the decision on appeal. I have full confidence that we will. Until next time.
SERGEANT AT ARMS
John Kazanjian
Editor In Charge Matt Puckett Publications Specialist Bob Peterson Proof Reader Sherry Hannon
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meaning we won both parts of the lawsuit. High-fives and handshakes began to spread among the attorneys and the union representatives who were present. Cell phones became the popular tool of the day. It did not take the media long to figure out what the judge had ruled. All they had to do was look at the faces of the attorneys. The union attorneys were smiling and reading. The States attorneys were frowning and reading. (No high-fives were being exchanged between them.) So, that was the end of the first step. Judge Fulford had found the revisions to FRS law to be an unconstitutional breach of contract, an unconstitutional taking, and, finally, an unconstitutional breach of the right to collective bargaining. The Plaintiffs (represented by the teachers union) and Intervenors, John Park and Randall Haire (represented by the PBA) had alleged these three grounds as reasons to overturn FRS revisions and moved for summary judgment on the stated grounds. Motion granted: the revisions were unconstitutional on all three grounds. Of course, victories can be short-lived. By 4:30 p.m., the State had filed its appeal of the decision. So Judge Fulfords decision is stayed (stopped) while the decision is appealed. But it is still on the books and the Florida PBA will work hard to make sure it stays on the books! In the meantime, the PBA will keep you advised as the case moves forward through the appeals process.* *On March 12, 2012, counsel for the Plaintiffs and Intervenors filed a motion with the district court trying to have the case passed directly to the Florida Supreme Court for immediate review. On Friday, March 16, 2012, the District Court ruled in favor of our motion... so its off to the Supreme Court we go.
Hal Johnson
Why not go out on a limb? Isnt that where the fruit is?
~ Frank Scully
Ron Meyer (standing) and PBA General Counsel Hal Johnson (to his left) before Judge Jackie Fulford. Ron quickly shuffled a copy of the decision to me. As per our plan, I went directly to the last pages of the order for the ultimate decision, while Ron distributed copies to other counsel on the Plaintiffs side. I found the part I needed to find, It read: The portions of Senate Bill 2100 imposing a 3% mandatory employee contribution and eliminating the cost of living adjustment for future service are unconstitutional as applied to individuals who were members of the FRS prior to July 1, 2011 . I advised Ron: We won, everything! I gave PBA President John Rivera, Treasurer Ernie George and Executive Director Matt Puckett a quick thumbs up and raised two fingers,
Florida PBA President John Rivera being interviewed after Judge Fulfords decision.
Bob forgot his wedding anniversary. His wife was mad. She told him, Tomorrow morning, I expect to find a gift in the driveway that goes from 0 to 200 in under six seconds, AND IT BETTER BE THERE! The next morning when his wife woke up she looked out the window to find a box gift-wrapped in the middle of the driveway. She opened it and found a brand new bathroom scale. Bob has been missing ever since.
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Matt Puckett
Follow me on Twitter @ FL_PBA_Puckett
Time after time, the courts proved the balance of power in Florida is operating just fine.
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Enter the Judiciary. The biggest obstacle to the whole plan was our fair and impartial Judicial Branch. Time after time, the courts proved the balance of power in Florida is operating just fine. Ask yourself this, where would Florida be today if the courts cowered from the duty to interpret and uphold the laws? In the broadest of terms, Floridas democracy would be under siege. That may sound outrageous, but consider all the assaults this Governor and the Legislature launched against you, your family, our constitution, and our laws. So far, 14 lawsuits have been filed with pension reform, prison privatization, unilateral executive authority, drug testing, and redistricting declared unconstitutional by one court or another. Did that stop them? Nope. In fact, the Governor and the Senate President have resorted to the age old schoolyard way of bullying those who attempt to stand in their way Name Calling. Names like Activist Judge, as Senate President Haridopolos says, or a group of Liberal Justices, as the Governor says, who legislate from the bench, again Governor Scott, have been hurled at the courts for upholding the constitution and our laws. It is a campaign to degrade those who dare to challenge them. And make no mistake about it, they are far from finished. Haridopolos and Scott will continue to vilify these Justices as a warning to those brave enough to prevent their plan for a hostile government takeover. So whatever you come to believe over the next six months, do not believe, even for one minute, that the Judicial Branch is actively overstepping its authority. The Governor and the Senate President are the ones guilty of overreach. These two may not like it when the government operates like it was intended to by our forefathers, but our government is designed with balance of power for a reason. So let them howl and cry about activist or liberal judges. My hope is that all this smear campaign will do is further sully the name and legacies of Governor Scott and Senate President Haridopolos.
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will be responsible for making a final decision to either affirm that Judge Fulfords ruling was correct or overturn the previous decision. The PBA lawyers have requested the DCA to allow oral arguments as well. If this is granted, we will have the opportunity to present our case right in front of the judges and answer all questions that they have. Oral argument is not always granted in the District Courts of Appeal and sometimes cases are won or lost just on the briefs that have been filed. We want to make sure that no stone is left unturned and that we can answer any and all questions that these judges may have about our case. It is important that we show them that the legislature acted unlawfully so that this type of sneaky politics will not happen again in the future. We hope to have a ruling by the DCA at some point this summer. Rest assured though that if the DCA overturns the initial ruling, the PBA will continue to fight!
Stephanie DobsonWebster
ere at PBA, we try to bring you relevant, helpful information to assist you in everyday situations. Unfortunately, the thought of telling your supervisor where to go may cross your mind on a regular basis. Why only do it in the office? Why not tell the world what you really think on Facebook? We must put forth that PBA does not encourage or recommend anyone to go tell their supervisor to perform an anatomical impossibility, in any form or fashion. Leave that to the PBA. We have a team of lawyers and representatives who have mastered the art of professionally pointing out all of the incredible shortcomings and mental deficiencies of supervisors and management everywhere. In fact, we do this so well that management often walks away saying Wow, they just told me to suck a lemon, but I feel good about it. If you choose not to follow our legal advice (we advise that you never mention your employer on social media sites) and have to follow through on that urge to post profane and inflammatory information about your supervisor or agency on Facebook or other social media sites, then the below cases may be of special interest. Federal law allows employees to discuss topics like working conditions, poor management, or joining a union. This speech is typically protected as concerted activity under the National Labor Relations Act (NLRA). Generally speaking, there is protected concerted activity when two or more employees act together to improve their terms and conditions of employment. There have been cases where employees wrote on Facebook or on other social media sites, something to the
effect of F the agency or *&%&/! this supervisor. In some cases, the post was considered protected speech or concerted activity and the employees dismissal was overturned. In other cases, this was not protected speech and the dismissals were upheld. Each case is fact specific. Facts that weighed in favor of upholding the dismissal were: If the post arose from a personal dispute with a supervisor, such as an employee refusing to perform her duty. Or, if the post was merely to vent a personal gripe, not a plea to rally other employees to initiate productive group action. In the cases where the employee won and the dismissal was overturned, facts that weighed in favor were: whether the post arose from a dispute addressing a term or condition of employment such as a promotion policy; whether the post was intended to invoke action by other employees; and to what extent the other employees became involved. In reality, it is never a good idea to post profane or critical comments about your supervisor on social media sites, in emails or anywhere. You are opening the door and inviting agency disciplinary action. If you do have a complaint or concern over any issue with your agency, the advisable course of action is to contact the PBA. We can specifically address your personal issue through the proper procedures such as the filing of a grievance. We can also directly address the larger issue with management. It is our pleasure to assist you in effectively telling your employer what you really think and believe uswe will do a better job than Facebook.
Matthew Ward
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Bill Nelson
U.S. Senator
I am proud to represent Floridians in the U.S. Senate, where one of my goals is to make sure our state receives its fair share of federal funds. These funds give our cities and communities the tools necessary to improve the quality of life for all Floridians. And as law enforcement now plays a greater role in the fight against terror, I understand the importance of making sure you receive adequate federal resources. U.S. Senator Bill Nelson is a member of the Senates Armed Services, Finance, Commerce, Intelligence, Aging and Budget Committees.
oday, common crooks are increasingly engaging in new and sophisticated digital crimes. In just the last couple of years, one particular scheme, tax fraud through identity theft, has become a growing problem in Florida and around the country. While devastating to victims and a drain on public finances, the scope of these crimes is just now beginning to come to light. Consider these facts: In early September, police in Tampa, Florida uncovered $130 million in fraudulent tax refunds as part of a local crackdown on identity thieves. Fortynine people were arrested. The National Taxpayer Advocate Service reported a 60-percent increase in identity theft cases in 2011. And, just since 2008, the Internal Revenue Service (IRS) has identified 470,000 incidents of identity theft affecting more than 390,000 taxpayers. The ease with which scam artists can readily file electronic tax returns, the availability of prepaid debit cards and other hard-to-trace options for the delivery of tax refunds and the low risk that criminal sanctions or penalties will be imposed have created, in many respects, the perfect crime. In addition to the drain on the public treasury, this crime imposes extraordinary burdens and economic hardship on the innocent victims caught in the middle of these schemes. Tax refunds are often delayed for months as victims work to prove they are the legitimate taxpayer. Victims of tax-related identity theft are also the casualties of a system ill-equipped to deal with the growing proficiency and sophistication of todays tax scam artists. Last year, I chaired an investigative hearing on this issue and invited several victims of tax-related identity theft scams to share their experiences. We heard from a father whose 5-month-old daughter had died tragically from SIDS. When he attempted to file his tax return just months later, the return was rejected because a criminal had already filed a fraudulent return using the Social Security Number of his deceased daughter. And, we heard from another victim that had gone through this experience multiple times because the IRS had failed to take the steps necessary to secure her identity even after the first incident. We also heard testimony from the Deputy Commissioner of the IRS, who outlined the actions the agency is taking in response. While the IRS has made some progress with regard to identifying fraudulent returns and assisting victims, much more must be done. Following the hearing, I filed the Identity Theft and Tax Fraud Prevention Act (S. 1534). This legislation would establish stronger civil and criminal penalties for criminals who commit tax-related identity theft. For example, knowing or willful misappropriation of another persons Social Security Number (SSN) for purposes of federal tax fraud would be a felony punishable by up to five years in prison. The bill would also expand an IRS pilot project that provides identity theft
victims with a PIN code to put on their tax return, in order to prevent fraud. It would allow victims to turn off the ability to electronically file their tax return, thus closing one of the main conduits used by fraudsters. The bill would also restrict access to the SSNs of deceased individuals. The Social Security database of deceased individuals is frequently used by fraudsters to commit tax fraud. Perhaps most importantly, the bill would improve coordination and cooperation between the IRS and state and local law enforcement authorities. Because crimes related to identity theft frequently violate laws at multiple levels of government (federal, state, and local), it is critical that federal authorities work effectively with state and local law enforcement authorities. Unfortunately, local authorities have said it can be difficult to obtain helpful cooperation from the IRS in criminal investigations. In response, my legislation directs the IRS to reallocate resources to identity theft investigations and to establish a liaison dedicated to improving cooperation with state and local authorities. And, it requires the Treasury Secretary to review current laws and regulations related to taxpayer confidentiality and report to Congress on further ways to improve information sharing between the IRS and state and local law enforcement. I first got involved with this issue in January 2011, when a government report found that prisoners reaped nearly $123 million in fraudulent refunds over the last five years. The rate of prison tax fraud is higher in Florida than any other state. It is outrageous that someone could perpetrate this crime while under lock and key. In response, I pushed the IRS to enter into information sharing-agreements with the Federal Bureau of Prisons and the Florida Department of Corrections. These agreements allow the IRS to share information with prison authorities regarding inmates filing false and fraudulent tax returns, often with stolen identities. Prison officials can use this information to take preventive and punitive actions, such as withholding inmate privileges. The bill I filed would permanently extend the information-sharing authority between the IRS and federal and state prison authorities. It also directs the Federal Bureau of Prisons and encourages state prison authorities to develop detailed, formal plans on how they will use the information acquired from the IRS to reduce prison tax fraud. Lastly, my legislation requires the Comptroller General to examine and report to Congress on the role of prepaid debt cards and commercial tax software in facilitating fraudulent tax refunds. How can we expect law-abiding taxpayers to have respect for the tax system when the money coming in the front door is going out the back door, in the pockets of crooks, fraudsters, and thieves? We have to shut down these schemes, now. I thank our dedicated police officers, investigators, and others in Florida who are working overtime to bring these criminals to justice. And Ill continue to do everything I can to give law enforcement the tools needed to combat tax fraud.
Rick Scott
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Department of Revenue and the Department of Business and Professional Regulation coordinated with the Miami Police Department and the Miami-Dade State Attorneys Office. The multi-agency effort resulted in multiple felony arrests and the retailers being removed from the EBT program. As your Chief Financial Officer, I recognize the impact of the economic challenges of the past few years. Floridas public assistance programs have helped an unprecedented number of people during that time, but fraud committed by the collusion of fraudsters and rogue retailers undermines the program and hurts honest consumers. If you have any information regarding suspected fraud in Floridas public assistance program please call, toll-free 1-866-762-2237, and for more information about The Medicaid and Public Assistance Fraud Strike Force, please visit www.MyFloridaCFO.com/StrikeForce. Editors Note: The Medicaid and Public Assistance Fraud Strike Force is a policy oversight and advisory board for interagency and intergovernmental cooperation against Medicaid and public assistance fraud. The Strike Forces mission is to oversee and coordinate state and local efforts to eliminate Medicaid and public assistance fraud and to recover state and federal funds. The Strike Force is chaired by Chief Financial Officer Jeff Atwater and Attorney General Pam Bondi serves as the vice-chair.
Jeff Atwater
As a statewide elected officer of the Florida Cabinet, Chief Financial Officer Jeff Atwater oversees the Department of Financial Services, a multi-division state agency responsible for management of state funds and unclaimed property, assisting consumers who request information and help related to financial services, and investigating financial fraud. CFO Atwater also serves as the State Fire Marshal.
the case, but the actual policies the officer is supposedly in violation of. I routinely find that a policy that is referenced in the charging letter is not applicable to the alleged violation at all, or that it is a policy breakdown more so than a violation by the officer. Identifying these types of discrepancies gives me the ability to argue that the case against the officer is unfounded, or the intended discipline is excessive in light of the available facts. These are just a couple of things that I think are important when Im representing a Florida PBA member. The bottom lineI want the member to be focused and prepared prior to doing their interview or hearing. This allows us to get the best possible outcome, for you, the member. In closing, I want to make sure every PBA member knows they have a right to have a representative present at all internal affairs interviews, disciplinary hearings, or grievance hearings of your own choosing. So dont go to a hearing or interview without your PBA Representative with you. The job you save may be your own. If you, or someone you know, has a question or comment concerning Florida PBA representation, feel free to give me a call at (352) 224-8470.
Jim Wiggins
Field Operations Representative
Please encourage non-members to join the officers from over 185 agencies throughout Florida who belong to the Florida PBA!
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folks who There areon their would stand heads and then say the fault was in their boots.
~ George Eliot
When a police chief or sheriff does not comply in forwarding a case to CJSTC (maybe because of friendship, cronyism or political favoritism), there is little that can be, or is, done to that chief or sheriff. FDLE doesnt go after them. Once again, this has nothing to do with unions. Another case involved former Miami Police Chief John Timoney, who was given a pass by administrators on the panel, even though he was found to be untruthful in his sworn statements. (The lone union leader voted to find probable cause against Timoney in this case.) We recognize the flavor of the year is attacking unions and blaming them for all of lifes ills, but these attacks and sentiments are unfounded and political in nature. While the vilification of unions may not cease, I ask that it not cloud the facts. Everyone should realize and understand that a mere allegation against an officer is not sufficient to decertify the individual as a police officer. As commissioners, we read the cases on their individual merits as presented by the administrators and their investigators. The four corners of that investigation must be complete, competent and sufficient. As a commissioner, I will never succumb to pressure and destroy a life, or career, based merely on assumptions and beliefs. The competencies of investigations presented to the panel are simply not something to blame on the unions. I subscribe to the American system of justice, even though not perfect at times. Simply because someone pins on a badge does not mean he or she forfeits his or her constitutional rights. After all, these same rights are often fought for by journalists and First Amendment proponents. We should not trample on those rights. Our system of justice provides for judgment by a jury of our peers. This is also the standard of oversight for all professions. The Florida Bar is made up of lawyers who regulate and discipline bad lawyers; the American Medical Association examines inept doctors; politicians review the ethical lapses of their colleagues. Law enforcement is the most regulated profession around. We are held to higher standards. We do a better job of getting rid of our bad apples than most other professions, including the media. John Rivera is president of both the Florida PBA and the Dade County PBA. He is sergeant in the Miami-Dade Police Department and a member of the CJSTC.
Al Shopp
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hearing, I spend time explaining exactly whats going to happen in the hearing or internal affairs interview. Once the officer understands what to expect, we start reviewing all his paperwork, documents and witness statements, etc. Then we begin to prepare the statement for the grievance or predetermination hearing, or, if it is an internal affairs interview, we will review all the information they have, be it written, video or audio. Once thats done, you will be required to answer their questions, but not do their job for them. Answer only questions asked and keep responses to a minimum if you can. Remember, never go into an interview without your PBA Rep. I repeatNEVER!
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In another case, Daniel was the lead in an investigation involving a charitable organization that was actively soliciting donations in multiple states. The organization was a part of a scheme in which the person operating the charity had stolen the identity of a person from another state. After investigating multiple criminal violations, Daniel teamed up with the Internal Revenue Service Criminal Investigations Section and the Office of Inspector General of Veterans Affairs and presented the case to the U.S. Attorneys Office. While the investigation is still open, Daniels efforts garnered recognition on an episode of Americas Most Wanted. We are fortunate to have people of Daniels caliber working to protect the people of Florida. His knowledge of regulated programs and willingness to share his expertise has proved to be an invaluable component of our training and he is truly an asset to our department. I join Attorney General Pam Bondi, the 2011 Law Enforcement Officer of the Year Deputy Michael Braswell of the Polk County Sheriffs Office, and all of the award nominees, including Daniel, for their contributions to protecting the life, property and natural resources in our state. For more information about the Attorney Generals 2011 Law Enforcement Officer of the Year Award and all of the nominees, visit the Attorney Generals website at: http://myfloridalegal.com/__852562220065EE67.nsf/0/070E C84E1FE8E69D8525799D005D7CEE?Open&Highlight=0, law,enforcement,of,the,year,award
Adam Putnam
Follow me on Twitter @ adamputnam
GAS PAINS
Investigator Daniel Williamson receives his DACS Investigator of the Year Award from Commissioner Putnam. Editors Note: Investigator Daniel Williamson is a PBA member and serves as the Department of Agriculture and Consumer Services Director for the State Law Enforcement Officers Chapter.
Commissioner of Agriculture and Consumer Services Adam Putnam meets with (L-R) Florida PBA Director of Legislative Services David Murrell, Broward County PBA Vice President Debbie Reggio, Florida PBA Treasurer Ernie George, (Commissioner Putnam), Florida PBAs Senior Vice President Dick Brickman, President John Rivera, Executive Director Matt Puckett, and Lobbyist Gary Bradford.
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David Murrell
~ Japanese Proverb
n what seems to have been an eternity ago (actually 18 months or so), Florida PBA tried to sound the alarm on Rick Scott and like-minded legislative candidates. Scott ran on the platform of whacking the hell out of public correctional jobs and gutting pensions for public employees. Unfortunately, not enough people heeded the warnings; Scott won (by the slimmest of margins) and many of his legislative Moonies also found themselves in elective office. The we-hate-public-employees-coalition soon got to work on their promises. In his first legislative session, hard-hearted Scott and his legislative minions were able to greatly reduce municipal and Florida Retirement System benefits and, as an added bonus, pass an income tax on all FRS members to the tune of 3% of salary. Then, at the last moment in the Session, surprise language privatizing corrections in 18 counties passed in the Legislature. By now, you know that PBA, teachers and others have won the lawsuit to undo the FRS reforms and PBA (alone) successfully sued to stop the prison privatization. Fast forward to the recent session. More attempts were made by the Governor, his legislative allies, and the League of Cities to scuttle disability benefits for all public safety officers , again, go after municipal police pensions. There has also been an attempt to do an end around PBAs court suit blocking privatization. Thus far, the efforts have failed. Thankfully, a brave band of independent Republican Senators, some sympathetic Republican House members (even some in leadership roles) and a unified Democratic Party have joined in successful attempts to stop this nonsense. This group was also able to limit the really far out anti-employee measures from last year. And, yes, as bad as last session turned out, it could have been far worse. In the meantime, the Governors appointed Corrections Secretary has announced that a great number of public (no private) prisons around the state will be closed down. Talk about a crystal ball. During our campaign in the fall of 2010 to warn members and communities about Scotts plans to severely downsize public prisons, PBA actually paid for full page advertisements in many newspapers to warn about the upcoming cuts coming down the pike to prisons in rural counties and the devastating effect it would have on
the local economies. Now this is coming to pass, with many prisons on the chopping block and privatization of jobs probably on the way sooner or later. (Sooner if the Governor pushes it through unilaterally as he is preparing to do.) The squealing and crying from the affected communities can be heard all the way to the Rocky Mountains. Many of these counties may as well turn out the lights and leave, for the impact is so great. Sadly, these same communities are among those who voted most heavily for Governor Scott and his legislative sidekicks. Their lopsided votes for Scott, in particular, provided the margin of victorya sort of hari-kari at the voting booth. Nonetheless, when citizens, including some of our own members, admit to having ignored our very public warnings and still voted for Governor Scott and his buds, we are tempted to merely say told ya so and end the conversation. Told ya so, while tempting, wont get it, though. Its like the Hole Theory: when you find that you have dug yourself into a hole, the most important thing is to stop digging. Thats right. Now put up the shovel and get out of the hole. When we come to you next fall and warn that certain legislative candidates are out to hurt you or advise that certain candidates will help you, we hope you will listen, pay attention, and vote your pocketbook and your familys future. Likewise for the governors race two and one-half years from now. We know these people pretty well and have a pretty good idea of what they are up to. Believe it or not, there are many candidates in both political parties who will honor and support you for the sacrifices that you and your family make. These are the people we need in public office. There are also indications that the new, upcoming crop of legislative leaders will be kinder, gentler, and more supportive of public safety employees, a most welcome change from these last two wacky years. By the same token, please pay attention to what candidates say and do if they mean you harm. If they have already cut your throat or tell you that they are getting ready to cut your throat, recent history shows that they will cut your throat if elected or reelected. Depend on it. You heard it here first. Told ya so.
collective bargaining unit or you have changed your rank, certification, classification, have retired, on military leave, etc. We will help you determine your proper dues status. Be advised, personnel offices do not inform the PBA of membership status changes. Unfortunately, that falls to each member directly. Please contact your Membership Secretary, Laura Spraker, at 1-800-733-3722, x413, to update your information.
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business is defined by BusinessDictionary.com as: an economic system in which goods and services are exchanged for one another or money, on the basis of their perceived worth. Every business requires some form of investment and a sufficient number of customers to whom its output can be sold at profit on a consistent basis. Based on this definition, I find it unconscionable that our law enforcement leaders could buy into the concept that law enforcement agencies should be run like that of a business. Throughout my 31 years of public service, I never expected to make a profit while protecting the public. In fact, to suggest such a thing would violate the ethical standards that I, like you, took an oath to uphold. Law enforcement is not a business. No lawful business empowers its employees to take a clients life and/or freedom. Nor is our business designed to satisfy some of our clientele. After all, many of our actions result in the client being imprisoned. Recently, my executive board and I attended a consultation with FDLE involving the issue of on-call pay additives for special agents. (Years ago, FDLEAA agreed to suspend this additive, along with others, as a result of budget cuts which may have included Special Agent layoffs.) Last year, the legislature reinstated on-call pay for law enforcement. FDLE reinstated a watered down version of on-call claiming it was due primarily to money shortages. Although, there was money to provide pay raises to agents not covered under the PBA/FDLEAA Collective Bargaining Agreement. Certainly, the FDLEAA does not and will not stand in the way of agents receiving pay additives, the timing of the pay increase was considered by us to be unfair and a real
morale buster. The explanation for limiting the amount of agents on call and paying wages to the non-bargaining unit agents was explained as a good business decision. The practice of substituting good business decisions for good police decisions is alive and well in many law enforcement agencies, state and local, Im told. But I, along with many of you, undoubtably agree the business concept is ruining the law enforcement profession throughout our state. It simply does not work. However, as a friend said the other day, if you dont join the State of Florida, Inc., you may be cast out into the unemployment line. Law enforcement is changing and law enforcement administrators are failing to fight the change in attitude! Law enforcement is not, and should never be, a business. I recently read an article dealing with the mixing of the business/government concept. It made my point clearly: In theory, the market should provide goods and services to society in the most efficient and effective manner. Nonetheless, markets may be inherently unsuited to providing certain services. Whereas the profit motive drives the private sector, the public sector is supposed to strive for the public good. The arena of public safety is especially instructive. In certain cases, actions undertaken to achieve economic efficiency may endanger public welfare. As I have advocated in previous articles, the protection of our citizens and their property should not have a price tag! I applaud those law enforcement administrators out there who are standing their ground and running their shops geared towards standing behind their cops who are risking their lives while delivering excellent public service to the citizens. To the rest of them, please get on board and help the rest of us continue to do the right thing!! Thank you for your service and be safe out there!
Telly Sands
make living by Wewe get; awe make a what life by what we give. ~ Winston Churchill
A little silver-haired lady calls her neighbor and says, Please come over here and help me. I have a killer jigsaw puzzle, and I cant figure out how to get started. Her neighbor asks, What is it supposed to be when its finished? The little silver-haired lady says, According to the picture on the box, its a rooster. Her neighbor decides to go over and help with the puzzle. She lets him in and shows him where she has the puzzle pieces spread all over the table. He studies the pieces for a moment, then looks at the box, then turns to her and says, First of all, no matter what we do, were not going to be able to assemble these pieces into anything that resembles a rooster. He takes her hand and says, Secondly, I want you to relax. Lets have a nice cup of tea, and then, he said with a deep sigh... Lets put all the corn flakes back in the box.
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In Memory Of...
~ Allphonse de Lamartine
Detective David White Clay County S.O., Florida EOW: February 16, 2012 Read more: www.odmp.org/officer/ 21187-detective-david-white
Deputy Sheriff Barbara Pill Brevard County S.O., Florida EOW: March 6, 2012 Read more: www.odmp.org/officer/ 21204-deputy-sheriff-barbara-pill
Sergeant Ruben Thomas Columbia C.I. Annex, Florida EOW: March 18, 2012 Read more: www.odmp.org/officer/ 21208-sergeant-ruben-thomas
s I reported in past Roll Calls, sales of the Florida Support Law Enforcement license plate were not immune from the economic downturn in the state and increases in state fees, but some positive signs are appearing. New tag sales continue to hover close to 200 per month while renewals have bounced back to over 1,000 per
Contribution Guidelines
In an effort to help the families of law enforcement, corrections, and correctional probation officers who are killed or disabled in the line of duty, Florida Police Benevolent Association (PBA) has established a charitable arm which is called the PBA Heart Fund for our members. Because the PBA Heart Fund is a 501(c)(3) organization, contributions are tax deductible. Monies donated to the Heart Fund are used to provide death benefits to the families of officers killed in the lineof-duty and disability benefits to officers who are permanently disabled because of an in-line-ofduty injury. Aside from individuals who may want to donate with the tax deduction in mind*, political campaigns may dispose of surplus funds (after the campaign is over) by donating some or all of the surplus to the PBA Heart Fund [s. 106.141 (4) (a) 2., Florida Statutes]. And, of course, other entities (e.g. not-for-profit corporations) may also donate to this cause. The address is:
Florida PBA Heart Fund 300 East Brevard Street Tallahassee, FL 32301 More information about the Heart Fund may be obtained by calling Florida P.B.A. at 1-800-733-3722.
*Receipt for donations will be
provided upon request.
n behalf of the Department of Highway Safety and Motor Vehicles, we are pleased to inform you about an exciting opportunity for your organization as well as for Florida motorists. The Department has authorized the issuance of specialty license plate gift certificates. This new program allows anyone to purchase a specialty license plate as a gift for a motor vehicle registrant. This new gift certificate program works much like any gift certificate. Upon payment of the statutorily authorized annual use fee, a gift certificate may now be purchased at an authorized motor vehicle office (e.g., state motor vehicle office, local tax collector office, or licensed tag agent) for any of the 104 specialty license plates currently available in Florida. At the time of purchase, a receipt will be provided and a credit will be issued in the name of the gift recipient, which can then be redeemed by the recipient at the time the specialty license plate is purchased. You do not have to purchase and redeem the certificate at the same office. The gift certificate is not required to be presented to redeem the credit, just proper identification (i.e. Florida drivers license or ID card). Once a gift certificate is purchased, the money is given to the sponsoring plate entity as specified by Florida Statutes. Therefore, refunds are not available for gift certificates. We believe that specialty license plates will make great gifts, and that this new program will provide a great opportunity to promote the many causes and organizations represented by the plates. Please remember that in Florida, most registrations are renewed on the birth date of the registrant, so these gift certificates can also be a great birthday gift.
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After last years horrific string of officer deaths, Representative Harrison and Senator Norman met with PBA leadership to ask what could be done to help the survivors. These Tampa Bay area legislators believed a Homestead Property Tax Exemption should be provided to survivors of officers killed in the line of duty. The Florida PBA was honored to join them in their effort to pass such a worthwhile benefit on the statewide level. Anytime a tax exemption is provided to a class of citizens, it must first be approved by the electorate as a statewide proposed constitutional amendment. In order to get the legislation in place, the sponsors had to pass two bills. The first bill (CS/HJR 93) created the proposed constitutional amendment language that will be placed on the November ballot. The language contained in CS/SJR 93 creates the Amendment to Section 6 of Article VII in the Florida Constitution permitting the Legislature to provide ad valorem tax relief to surviving spouse of veterans who died from service connected causes and first responders who died in the line of duty effective January 1, 2013. It will be known as the Fallen Heroes Family Tax Relief Act. It takes 60% approval from the electorate for a constitutional amendment be added to the Florida Constitution. The second bill (CS/HB 95) is what is referred to as the implementing language, which will provide the guidelines and definitions for the act once it is approved by the electorate in November. This bill provides definitions for the following terms. First Responder defined as a law enforcement officer, correctional probation officer, or correctional officer as defined in s. 943.10, F.S., a firefighter as defined in s. 633.30, F.S., or an emergency medical technician or paramedic as defined in s. 401.23, F.S., who is a full-time paid employee, part-time paid employee, or unpaid volunteer. In the line of duty while engaging in law enforcement; while performing an activity relating to fire suppression and prevention; while responding to a hazardous material emergency; while performing rescue activity; while providing emergency medical services; while performing disaster relief activity; while otherwise engaging in emergency response activity; or while engaging in a training exercise related to any of the events or activities enumerated above if the training has been authorized by the employing entity. It will also be considered in the line of duty if the death occurs within 24 hours after one of the events or activities listed above; results from a heart attack or stroke that causes the death or causes an injury resulting in death; and is directly and proximately caused by the initial event or activity. As you can see, it is an extensive list. The exemption applies to surviving spouses who hold the legal or beneficial title to the homestead, permanently reside on the property, and do not remarry. The exemption
This legislation was the brainchild of Tampa PBA President Greg Stout. He approached Representative Boyd (who later approached Senator Latvala) and pitched this nononsense tough on crime legislation. The bill operates under a very simple premise, a disproportionate number of officers killed in the line of duty were killed by previously convicted felons. This legislation will mandate that a person previously convicted of felony will serve at least a 10 year minimum mandatory sentence if that person is in possession of a firearm or destructive device and commits murder; robbery; sexual battery; burglary; arson; kidnapping; aggravated battery; aggravated assault; aircraft piracy; escape; aggravated child abuse; aggravated abuse of an elderly person or a disabled person; unlawful throwing, placing, or discharging of a destructive device or bomb; carjacking; home-invasion robbery; aggravated stalking; or trafficking in certain controlled substances. Many thanks to everyone involved with the passage of this legislation.
ABOUT GROWING OLDER... Eventually you will reach a point when you stop lying about your age and start bragging about it. The older we get, the fewer things seem worth waiting in line for. You know you are getting old when everything either dries up or leaks. I dont know how I got over the hill without getting to the top. One of the many things no one tells you about aging is that its such a nice change from being young. One must wait until evening to see how splendid the day has been. Being young is beautiful, but being old is comfortable. Long ago, when men cursed and beat the ground with sticks, it was called witchcraft. Today its called golf. And, finally ~ If you dont learn to laugh at trouble, you wont have anything to laugh at when youre old.
Florida PBA Lobbyist Gary Bradford, Tampa PBA President Greg Stout, Florida PBA Executive Director Matt Puckett and Florida PBA Director of Legislative Services David Murrell in the House Gallery during the passing of HB 947 Possession of Firearm or Destructive Device bill.
Timely news about whats up at the Florida PBA, helpful information regarding legislative issues, quick tips, and best practices for members. Knowledge about PBA issues is the strength of our Association. To sign up, visit www.flpba.org or call 1-800-733-3722 today!
(Your e-mail address will not be given to any other group or organization and you will receive no advertising from outside sources. E-PBA is available to PBA members only. Be sure to add pbamail@flpba.org to your approved sender list.)
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or many years the Florida PBAs newsletter has carried reports on the standards of discipline adopted and used by the Criminal Justice Standards and Training Commission to discipline law enforcement, correctional and correctional probation officers who have allegedly engaged in misconduct. Recently, the CJSTC has started a quarterly bulletin designed to inform officers of the types of misconduct cases the Commission is reviewing and the punishment taken against officers engaging in the misconduct.
The Florida PBA wants to thank the Commission for agreeing to permit the Association to republish the bulletin in the Roll Call. Officers should understand the Commissions penalty rules provide a range of discipline as a guide and the penalty taken against the officer will vary depending on the individual circumstances of the case. Hal Johnson Florida PBA General Counsel
Issue 45 August 11
Case # 30016 Burning to Defraud Insurer; Resisting an Officer without Violence The respondent was terminated from the Putnam County Sheriffs Office subsequent to his arrest for the charges of Arson, Burning to Defraud an Insurer, and Resisting an Officer without Violence. On January 23, 2010, the respondent and a friend were discussing ways to destroy his friends vehicle to collect insurance money in order to have the vehicle paid off. The respondents friend decided that he was going to burn his vehicle and make a claim that the vehicle was stolen. The friend gave the respondent a gas container and $20 with instructions to buy some gas and meet him at a prearranged location. The respondent followed the friend to another location and his friend took the gas and set fire to his vehicle. The respondent watched his friend torch his truck and then gave him a ride home. The friend then called and made a report that his vehicle was stolen. The truck was discovered by police and an investigation began into the theft and arson of the vehicle. The respondent and his friend made several statements to police concerning the alleged theft. On February 4, 2010, the respondent admitted to officials the truth and was then arrested for charge of Resisting an Officer without Violence. On February 5, 2010, the State Attorney filed charges on the respondent for arson and burning to defraud an insurer. On March 11, 2010, the State filed no information on the charge of arson. On November 10, 2010, the charge of Principal to Burning to Defraud an Insurer was amended to Principal to Criminal Mischief-Damage more than $200, but less than $1000 and the respondent pled nolo contendere and adjudication was withheld. He was sentenced to one year probation, court costs, and fines. On November 22, 2010, the respondent pled nolo contendere to the charge of Resisting an Officer without Violence and adjudication of guilty was withheld. He was sentenced to one year probation and various costs and fines. Penalty Guideline: Suspension to Revocation; Probation to Suspension. Staff recommended Revocation. Disciplinary Action by the Commission: The Commission accepted staffs recommendation. Case # 31641 Perjury; Misuse of Official Position The respondent was terminated by the Sarasota Police Department subsequent to an internal investigation, which sustained a charge of Perjury in an Official Proceeding, Misuse of Official Position and multiple agency policy violations. An internal investigation was initiated in February 2010 after the Sarasota Police Department received information from the North Port Police Department. The investigation involved a home invasion robbery that occurred in the jurisdiction of North Port in Sarasota County. Investigators in the case were informed that the victim of the home invasion robbery was involved in a feud with another man and an associate who was the respondents cousin. It was alleged that the respondent provided the home address to the cousin who in turn gave it to the defendants who committed the crime. During 2009, a brewing rivalry occurred between two men in the township of Newton. The violence escalated when someone firebombed a home belonging to one of the mens relatives. In retaliation for the act, police believe the other involved man committed a violent home invasion against the family. During a recorded conversation, detectives learned that the home address was provided through a third party, the respondents cousin. The cousin admitted he called the respondent on her cell phone on January 4, 2010, while on duty and informed her of the situation. The respondent used the drivers license database (DAVID) to look up one of the men and provided the current address to her cousin. In November 2010, investigators were notified of the search results from the Florida Department of Highway Safety and Motor Vehicles on the respondent. Search results indicated the respondent ran a query to access the drivers license information and residential address while on duty on January 4, 2010. On February 25, 2010, during her sworn testimony, the respondent denied that she accessed the DAVID system for the purpose of providing her cousin with the home address of the victim in the home invasion robbery. When the respondent was questioned if she ran the address, the respondent stated, And I ran his name, I didnt even pay attention to the address, I was trying to see if he had a warrant, for his arrest, to be picked up. The respondent stated she did not provide her cousin with the North Port address and that her cousin retrieved the address by looking on a public website that showed recent arrests in Sarasota County. A review of the website showed the site did not have the current address of the victim and it had not been updated since his release date in 2006. Investigators were able to provide evidence that the respondent clicked on a box indicating she requested the address of the victim and provided the address to her cousin, misspelling the name of the street. The misspelling of the street was discovered when the defendant in the case admitted that the respondent provided the name of the misspelled street during his interrogation with police. No criminal charges were filed. Penalty Guideline: Prospective Suspension to Revocation, Suspension. Staff recommended seven months retroactive suspension, sixty days prospective suspension beginning fifteen days following the filing of the Final Order; one year probation to begin at the conclusion of the suspension period; provide staff with proof of successful completion of approved ethics course prior to the end of the probationary period. Disciplinary Action by the Commission: The Commission rejected the settlement agreement and remanded the case for formal hearing. Case # 28748 Driving Under the Influence with Property Damage/Personal Injury The respondent resigned from the Miami-Dade County Department of Corrections & Rehabilitation subsequent to an internal investigation which sustained the charges of standard of conduct and conduct unbecoming an officer. On March 7, 2009, an officer with the Bay Harbor Isle Police Department observed the respondent standing next to a vehicle that he was operating. The officer noted that the respondent was unsteady on his feet, his speech was slurred, his face was flushed, and his breath emitted a smell of an alcoholic beverage. The respondent failed to perform the standardized field sobriety test conducted by the officer. The respondent was subsequently arrested and charged with driving under the influence. Investigators later discovered that the respondent failed to complete a left turn, and continued traveling which resulted in him crashing into the north side of an apartment complex. On September 29, 2009, the respondent pled nolo contendere to the charge of Driving Under the Influence with Property Damage/Personal Injury and was adjudicated of guilty. Penalty Guideline: Probation with substance abuse counseling. Staff recommended six month probation beginning 15 days following the filing of the Final Order; provide staff with proof of successful completion of approved substance abuse counseling prior to the end of the probationary period. Disciplinary action by the Commission: The Commission accepted staffs recommendation. Case # 30158 Public Assistance Fraud (4 counts) The respondent was terminated from the Department of Corrections subsequent to his arrest for public assistance fraud. On January 23, 2010, the respondent made a purchase at a warehouse store in Tallahassee in the amount of $93.54 using an EBT card fraudulently issued to another person. On January 23, 2010, the respondent made a purchase at a retail store in Tallahassee in the amount of $138.23 using an EBT card fraudulently issued to another person. On January 23, 2010, the respondent made a purchase at a grocery store in Tallahassee in the amount of $47.52 using an EBT card fraudulently issued to another person. On February 9, 2010, the respondent made a purchase at a retail store in Tallahassee in the amount of $137.60 using an EBT card fraudulently issued to another person. The respondent was arrested by FDLE for four counts of Public Assistance Fraud. The respondent entered into a Deferred Prosecution Agreement with the Leon County State Attorneys Office. Penalty Guideline: Suspension to Revocation (each count). Staff recommended revocation Disciplinary Action by the Commission: The Commission accepted staffs recommendation.
~ Anonymous
If you have questions concerning the Officer Discipline process, or if you have any issues you would like to see addressed in the Professional Compliance Bulletin, please forward them to R. Stacy Lehman, Professional Compliance Section Manager in the Bureau of Standards, at the Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, Florida 32302 or via e-mail at: stacylehman@fdle.state.fl.us
The following information is provided to facilitate an understanding of the Professional Compliance process.
In 2009, the Commission adopted the policy of placing first time DUI respondents in a Probable Cause Intervention (PCI) program in lieu of a finding of Probable Cause. This program placed the respondent on six months probation and required the completion of substance abuse counseling by the end of probation. If the respondent completed the counseling, a Letter of Guidance was issued at the end of the probationary period. Often, respondents placed on a PCI would not complete the required counseling and would not respond to any other correspondence. Their case then progressed through the normal sequence of Probable Cause followed by a Disciplinary Hearing. Since the penalty guideline for a first time DUI was probation with substance abuse counseling, the respondent received the same sanctions imposed in the original PCI. Again, large numbers of the respondents would fail to compete the counseling or respond to any correspondence, which would ultimately end with revocation due to a charge of violating the terms of their Commission ordered probation. Due to the large number of respondents failing to complete the terms of the PCI, Commission staff made a recommendation at the August 2010 Commission meeting that the Commission adopt the use of an Acceptance Form to be completed by respondents requesting participation in a PCI program following a first time DUI. The acceptance form requires a signature from the respondent specifying that they wish to participate in the PCI program and acknowledges the terms and conditions of the PCI. The form is sent to the respondent with the letter notifying them of their scheduled Probable Cause Hearing date. The lack of response from a respondent is interpreted as a respondent declining to participate in PCI and they are then presented to a Probable Cause panel with a staff recommendation for a finding of Probable Cause. After approximately one year of the forms use, it appears that the intended purpose is being realized. Respondents requesting participation in the PCI program are much more likely to complete the requirements than those previously placed in the program automatically. This allows those desiring to continue with their career to move through the disciplinary process at a quicker pace. Additionally, it shortens the length of time spent in the disciplinary process for those who have no intent on continuing their career as an officer.
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Issue 46 October 27
Case # 30909 Sexual Harassment - 2 Counts The respondent received a 30-day suspension from the Miami-Dade Police Department (MDPD) subsequent to an internal investigation which sustained Sexual Harassment (5 counts). On October 15, 2008, the MDPD initiated an internal investigation after receiving multiple complaints from two of the respondents female subordinates regarding sexual harassment and the creation of a hostile work environment. The investigation revealed that between May 1, 2008 and September 30, 2008, the respondent engaged in inappropriate behavior with the first complainant by kissing her on the lips on numerous occasions without her consent and, on one occasion, by slapping her on her right buttock. These behaviors were corroborated by both another officer and a civilian that witnessed the actions. The investigation also revealed that between May 1, 2008 and October 31, 2008, the respondent engaged in inappropriate behavior with the second complainant by kissing her on the lips on numerous occasions without her consent and, on one occasion, by making a verbal sexual overture to her. These behaviors were corroborated by several officer witnesses. The respondent stated to investigators that he did not at any time take any action that was intended to create a hostile work environment or harass these employees. No criminal charges were filed. Penalty Guideline: Probation with Training to Suspension-both counts. Staff recommended 30 day prospective suspension to be served within 180 days following the filing of the Final Order; one year probation to begin at the conclusion of the suspension period; provide staff with proof of successful completion of Commission-approved sexual harassment awareness course prior to the end of the probationary period. Disciplinary Action by the Commission: The Commission accepted the settlement agreement. Case # 30448 Driving Under the Influence The respondent separated from the Department of Corrections prior to being arrested for driving under the influence. On January 6, 2010, officers from the Tallahassee Police Department were dispatched to a traffic crash. Once on the scene, one officer observed the respondent in the drivers seat with vomit on his chest. The officer observed that the respondents eyes were bloodshot and watery and his speech was slurred as he spoke. Once the respondent was removed from the vehicle, he was treated by EMS personnel and transported to the hospital. While being treated by EMS, the respondent spontaneously admitted that he was intoxicated. The officer indicated that he could detect the obvious odor of alcoholic beverages coming from the respondent as he spoke. The respondent explained to the officer he did not remember the crash and only remembered being at a local pool hall. He further indicated he had consumed alcoholic beverages at the pool hall. The officer requested a blood sample, and the respondent agreed. On February 2, 2010, the blood sample results were reported as 0.140g/100ml and 0.139g/100ml. On March 29, 2010, a county judge signed a warrant for the respondents arrest and on April 7, 2010, the warrant became active. On May 13, 2010, the respondent pled no contest and was adjudicated guilty of driving under the influence. He was sentenced to one day in the county jail with credit for one day, six month probation, six month license suspension, and ordered to complete 50 hours of community service. His vehicle was impounded for ten days; he was ordered to complete DUI School, and ordered to pay various court costs and fines. Penalty Guideline: Probation with substance abuse counseling. Staff recommended the acceptance of the voluntary relinquishment. Disciplinary Action by the Commission: The Commission accepted staffs recommendation. Case # 30860 Excessive Use of Force, False Official Statement The respondent was terminated from the Orange County Corrections Department while the subject of an internal investigation which ultimately sustained excessive use of force and untruthfulness. On June 4, 2010, the respondent submitted an incident report detailing an earlier incident. The respondent and another officer, while performing a security check, entered the cell of an inmate in order to remove juice cartons. Upon entering the cell, the inmate in question stood up and suddenly raised his hand in an aggressive manner and then flexed his arm as if to strike the respondent. The respondents report stated that he grabbed the inmates arm and redirected the inmate to the cell bed as the inmate continued to resist. The respondent and the second officer ordered the inmate to lie down so they could handcuff him, but he continued to resist. The respondent and the second officer then forced the inmate to the cell floor. The respondent reported that they were finally able to handcuff the inmate, thereby ending their involvement in the incident. However, the investigators review of the video footage revealed that the respondent and the second officer delivered multiple strikes and kicks to the inmate prior to directing him to the cell floor. The strikes and kicks were not included in the respondents report. A battery charge was filed against the respondent on September 1, 2010. On April 15, 2011, the respondent pled nolo contendere to battery and the adjudication was withheld. The respondent was given a six month suspended jail sentence and placed on a 360 day period of probation. He was ordered to serve 50 hours of community service, successfully complete anger management counseling, surrender his correctional officer certification for one year and pay $949.00 in fines and court costs. Penalty Guideline: Suspension to Revocation, Prospective Suspension to Revocation. Staff recommended a one year retroactive suspension, 30 day prospective suspension beginning 15 days following the filing of the Final Order; one year probation to begin at the conclusion of the suspension period; provide staff with proof of successful completion of Commission approved use of force and ethics course prior to the end of the probationary period. Disciplinary action by the Commission: The Commission accepted staffs recommendation. Case # 28359 Aggravated Stalking, Solicitation to Commit Murder (2 Counts) The respondent was terminated from the Jackson County Sheriffs Office subsequent to his arrest for attempted murder and aggravated stalking. On March 4, 2009, a confidential source brought information to an FDLE agent that the respondent had requested her assistance in killing his estranged wife, the wifes boyfriend, and help in destroying the evidence after the murder. The informant, under the direction of the respondent, conducted surveillance on the wifes boyfriends residence. The respondent provided the informant with his wifes cellular and work telephone number and suggested that she make threatening calls to his wife so he would have a good alibi. The respondents wife had previously received threatening text messages from an unknown number. Both victims stated that during the last week of February 2009, they observed a vulgar sign near her residence which they took as a threat. In addition, the respondent telephoned his ex-wife and threatened her. The respondent then showed up at her residence covered in debris as though he had been lying in grass or a wooded area. On March 4, 2009, under the direction of a law enforcement officer, the informant met with the respondent and discussed the possibility of how the murders would be accomplished and his need for the informant to provide him with a weapon and a vehicle to commit the murders. Under surveillance, the respondent was observed driving past the victims residence 12 times. On March 5, 2009, the respondent was arrested without incident for aggravated stalking and attempted felony murder in Jackson County. On April 8, 2009, the state attorney filed no information for the charge of attempted felony murder due to insufficient evidence to prove all the necessary elements of the charge. On April 30, 2010, the court dismissed the charge of aggravated stalking. The State Attorney filed direct information for the charge of stalking. On December 7, 2010, the respondent entered into a pre-trial intervention program for one year for the charge of stalking and harassment. He was ordered to take medication as needed, attend counseling, to have no contact with the victim, to pay various court costs and fines. Penalty Guideline: Suspension to Revocation, Suspension to Revocation (both counts). Staff recommended revocation. Disciplinary Action by the Commission: The Commission accepted staffs recommendation.
Computer Smarts
Customer: Hi, this is Martha, I cant print. Every time I try, it says Cant find printer. Ive even lifted the printer and placed it in front, but the computer still says he cant find it. Tech support: Whats on your monitor now, maam? Customer: A teddy bear my boyfriend bought for me at the 7-11. Customer: My keyboard is not working anymore. Tech support: Are you sure its plugged into the computer? Customer: No. I cant get behind the computer. Tech support: Pick up your keyboard and walk 10 paces back. Customer: OK Tech support: Did the keyboard come with you? Customer: Yes Tech support: That means the keyboard is not plugged in. Customer: I cant get on the Internet. Tech support: Are you sure you used the right password? Customer: Yes, Im sure. I saw my colleague do it. Tech support: Can you tell me what the password was? Customer: Five dots. Tech support: What antivirus program do you use? Customer: Netscape. Tech support: Thats not an anti-virus program. Customer: Oh, sorry... Internet Explorer.. Customer: I have a huge problem. A friend has placed a screen saver on my computer, but every time I move the mouse, it disappears. Customer: Im writing my first email. Tech support: OK, and what seems to be the problem? Customer: Well, I have the letter a in the address, but how do I get the little circle around it? A customer called with a problem with her printer. Tech support: Are you running it under Windows? Customer: No, my desk is next to the door, but that is a good point. The man sitting in the cubicle next to me is under a window, and his printer is working fine. Tech support: Okay Mark, lets press the control and escape keys at the same time. That brings up a task list in the middle of the screen. Now type the letter P to bring up the Program Manager. Customer: I dont have a P. Tech support: On your keyboard, Mark. Customer: What do you mean? Tech support: P....on your keyboard, Mark. Customer: IM NOT GOING TO DO THAT!
The following information is provided to facilitate an understanding of the Professional Compliance process.
The following information is provided to facilitate an understanding of the Professional Compliance process.
Florida Statutes and Florida Administrative Code require an employing agency to conduct an internal investigation when having cause to suspect that an officer has violated state officer standards, as defined in Commission rule. Further, the employing agency is required to report sustained findings from the internal investigation to Commission staff. Upon receipt of a completed investigation, Commission staff reviews all pertinent documentation to determine if there appears to be sufficient evidence to initiate a disciplinary case. Items reviewed include, but are not limited to, agency internal investigations, interviews, supporting documentation, arrest documents where applicable, and court documents where applicable. If Commission staffs review indicates that probable cause of an officer standards violation likely exists, then staff prepares the case for presentation to a Commission Probable Cause Panel for determination. However, Rule 11B-27.004 (12)(a) F.A.C. states: In cases in which the facts presented to Commission staff are inconclusive, lack reliability, are insufficient to permit a reasonable determination of what occurred, or fail to demonstrate that the alleged misconduct meets the statutory criteria for Commission action, Commission staff shall no cause the case. Commission staff shall reopen a case that has been no caused if new evidence or witnesses become available to Commission staff. However, Commission staff shall no cause a violation of paragraph 11B27.0011(4)(b) or (c), F.A.C., if the officer is alleged to have committed the violation more than eight years prior to the case being presented at a Probable Cause Determination Hearing. As the rule makes clear, many factors may influence the determination by Commission staff that a case should be no caused. The sustained violation must first be a violation listed in Commission rule. Reported violations of agency policy that do not equate to a state standards violation under Commission rule, for example, would not be presented for a finding of probable cause and would be no caused by staff. Additionally, misdemeanor offenses reported to Commission staff that fall outside the enumerated misdemeanors in Commission Rule 11B27-0011(4)(b)(1), F.A.C. are no caused. Commission rule further provides for staff to no cause a violation when an administrative tribunal or court proceedings reverse agency findings or the officer is acquitted of criminal charges. Specifically, Rule 11B-27.004 (11)(b), F.A.C. states: In cases in which administrative or judicial review results in a final reversal of discipline imposed by the employing agency relating to the alleged misconduct that is subject to review by the Commission, or criminal proceedings that result in the respondents acquittal on all charges subject to review by the Commission after a trial, Commission staff shall take no further action, provided that Commission staff may present the case to a Probable Cause Panel upon Commission staffs specific showing that the findings of fact in the collateral proceedings were based upon inclusion or exclusion of evidence, or that the testimony was a departure from the essential requirements of law, the findings of fact in the collateral proceedings were not supported by competent and substantial evidence, or were clearly contrary to the evidence presented. Staff may also no cause a case when the available evidence is insufficient to demonstrate that the officer committed the violation. Normally, corroborating evidence or witness testimony must be present to support taking the case forward to a Probable Cause Panel. Cases may be no caused when witness testimony is contradictory, inconclusive, or when key witnesses will not cooperate with the investigation. Finally, Commission staff may no cause a reported violation of perjury or a false statement if the statement was recanted. Rule 11B-27.0011(5) states: A certified officers failure to maintain good moral character as defined in subsection (4) of this rule section by committing a violation involving perjury or false statement in a court proceeding, shall not include a statement which was recanted. If the violation involving perjury or false statement is alleged to have occurred in the performance of regularly required work duties or the course of an administrative or disciplinary investigation, a certified officers failure to maintain good moral character as defined in subsection (4) of this rule section shall not include a statement in which the officer making the statement conceded such statement to be false prior to the employing agencys final disciplinary determination as provided for in Section 112.532(4)(b), F.S. Although the Commissions rule recognizes an officers recant (under the circumstances set out in the rule) as a complete defense to a violation of state officer standards, this defense only applies to the Commissions ability to take disciplinary action on the officers certification. It does not have any direct application to the employing agencys findings or govern its ability to take disciplinary action or terminate an officer. It is Commission staffs duty to help assure that only appropriate officer cases are presented to the Commission Probable Cause Panel. The staffs action of no causing cases that fail to meet the Commissions criteria is an important filter in safeguarding the integrity of the professional compliance process. If you have questions concerning the Officer Discipline process, or if you have any issued you would like to see addressed in the Professional Compliance Bulletin, please forward them to R. Stacy Lehman, Professional Compliance Section Manager in the Bureau of Standards, at the Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, Florida 32302 or via e-mail at: stacylehman@fdle.state.fl.us
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Gil Fortner
~ Anonymous
with an inexperienced bargaining team. Unfortunately, the results were not favorable for our officers. While they agreed to the same language contained in PBAs last contract in some articles, many others were decided unfavorably in the States position following contract negotiation impasse that was ultimately decided by the legislature. NONE of their proposals were accepted by the state. One of the most notable changes involved your protections regarding Reassignments, Transfers and Change in Duty Station. PBAs current contract language provides protection in the event of a reassignment where the state wishes to transfer someone to another office for some reason. Current contract language requires the state to first ask for volunteers and if no one volunteers, then they can only transfer the officer in the particular job class with the least seniority. The new changes (if the new contract is ratified) would allow the state to select any officerno matter their seniorityto be transferred to meet the needs of the agency, which we all know could be crafted to mean anything they wish. Again, as we expected, there will be no pay raise this year, but fortunately, no changes were made to the states insurance contribution. We will be preparing a more detailed mailout for our officers outlining protections that can still be provided to PBA members and how the change in bargaining unit representative has negatively impacted our officers. I can inform you that after over three months, the Teamsters still do not have a board that consists of probation officers and correctional officers and they have not even scheduled an election. We are including a dues bank draft form (see page 24) that can be forwarded to the PBA to reinstate your membership or you can go online to flpba.org to prepare and submit an on-line bank draft authorization. You can be assured that your experienced PBA chapter board of directors is still available to serve our members.
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command staff. All included positions will vote either in favor of the pilot program or against it. PBA members AND nonmembers will be allowed to vote. Richard will then gather input from PBA members prior to making a final decision. The voice of our membership will speak the loudest as always. Water Patrol, Vessel Patrol, Boating Safety Hours, Funding, Morale, Activity I have been meeting with FWC command staff for over a year now concerning Water Patrol requirements. I am starting to actually believe we will soon see some improvements. My goal is to work toward a better system of calculating the hours. I have not asked FWC to reduce its commitment of vessel patrol hours agency wide. I foresee its hours actually increasing due to the changes. I have asked it to implement a more fair and equitable system. I have issues with directing an officer to make up vessel hours when they were away on sick leave or serving our country. After discussing Vessel Patrol hours with Col. Brown and Col. Wiwi, it is clear that improvements will be seen in the near future. Who would have ever thought that People would stop trusting an officers word; An Officers benefits, they worked so hard for, would be attacked; An Officers Comp time hours would be taken away; An Officers ability to work overtime hours would be reduced; An Officers payroll deduction (for union dues) would be stopped; and An Officer would have established arrest quotas to meet. There has NEVER been a better time to be a member of the Florida PBA. We are being attacked by the people we serve daily. Its evident in the news and in the local newspapers. It seems that we have gone from heroes to villains in the minds of many. I assure you the PBA will support you and defend you during these times.
Scott Hoffman
The SLEO Chapter leadership is committed to working hard for our members. You will see that we are doing things a bit differently. I believe that if you serve the membership properly, the Chapter will continue to strengthen. I would ask that you join me in growing our Chapter. Hand out a few applications. Sign up new members. Do you have a PBA bulletin board in your office? Would you like one? If you are interested in having a membership meeting in your area contact me. Stay Safe!
Colonel for meeting us halfway. Thankfully, the Legislature earmarked $661,252 to implement pay parity adjustments for CVE Troopers. This means that the Highway Patrol now has money to address pay parity. The proviso language directs that CVE Troopers base salary will be increased by roughly $2,100 effective July 1, 2012. There are still a number of questions regarding how much of an increase is needed to truly equalize pay. The chapter is going to meet with the patrol to work on the details of this issue. We are in a much better position on this issue than we were last year with zero funding. Lets thank our PBA lobbying team for protecting our pensions and our health insurance this session. We will not see any reductions to either benefit and we will not pay anymore to receive the benefits either. Like I said, the bar was set low. Finally, I thank our legal team for all they have done to restore our pensions over the last nine months. Our General Counsel Hal Johnson was co-counsel in the FRS lawsuit. He is going to continue on as co-counsel through the appeals process. Great work Hal! Until next time.
Bill Smith
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All submissions will be kept strictly confidential and no names will be used.
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A little girl ran to her Grandfather, jumped into his arms and gave him a big hug. Then she ran her fingers along his balding head and down the side of his wrinkled face. Did God make you Grandad? she asked. Yes honey, he made me. She felt her own cheek and then asked, Did God make me too? Yes honey, he made you too. Well, she shrugged, Dont you think hes doing a better job now than he used to?
~ Carrie Fisher
Secretary/Treasurer . . . . . . . . . . . . . . . . . . . . . . Kelly Witt Ft. Myers P.D. Directors (3): . . . . . . . . . . . . Edward Quinn Chad Thornton Philip Youngblood Lee County Sheriffs Office Director: . . . . . . . . . . (Vacant) The new Board of Directors will fill the remaining vacant position. We congratulate and commend the candidates for coming forward and offering their time and talent to serve you.
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www.napo.org
Contact us at (800) 322-6276 or via e-mail: info@napo.org with any questions.
NAPO VICTORY: SECURING AIRCRAFT COCKPITS AGAINST LASER POINTERS INCLUDED IN THE PASSAGE OF FAA REAUTHORIZATION
President Obama signed a four-year reauthorization of the Federal Aviation Administration (FAA) programs on February 14, 2012. However, passage of this legislation has been an arduous process, with numerous short-term extensions since the last four-year reauthorization in 2003. During the first half of the 112th Congress, both chambers passed FAA Reauthorization legislation, sending their respective differences to a conference committee. A conference report was stalled due to contentious language regarding union proceedings. Finally, on February 1, 2012, Conference Report 112-381 was filed. Shortly thereafter the House agreed on the report (248 169) and the Senate followed suit. NAPO had two specific areas of interest in the FAA Reauthorization legislation. The first, Residential Helicopter Noise Relief and secondly Securing Cockpits Against Lasers. The Los Angeles Residential Helicopter Noise Relief Act of 2011, (H.R. 2677) was sponsored by Congressman Howard Berman (D-CA). H.R. 2677 would reduce helicopter noise in residential areas while at the same time providing an exemption for law enforcement activity. NAPOs concern with the legislation was the wording of the law enforcement exemption. We worked to change this from may exempt to shall exempt. Overall, NAPO agrees with the intent of Congressman Bermans underlying bill; it is important for helicopter operators to fly safely while minimizing noise impact on the surrounding communities. Equally important is the ability of first responders to preserve public safety. NAPO also provided input on Senator Charles Schumers (D-NY) amendment, The Controlling Helicopter Noise Pollution In Residential Areas Act, that was included in the FAA Reauthorization bill, also requesting that the language be changed from may provide to shall provide. Ultimately Senator Schumers language was not incorporated into the final draft of the legislation. This was a win for law enforcement that does not impact their ability to operate helicopters. Throughout the entirety of the 112th Congress, NAPO worked with members in both chambers and on both ends of the political spectrum to make it a punishable offense to aim a laser pointer at an aircraft or in its flight path. Legislation (H.R. 386) was first introduced by Congressman Dan Lungren (R-CA) in January 2011, and passed out of committees. Then, by a voice vote, the House passed H.R. 386 and it was referred to the Senate. Companion legislation (S. 1608) was introduced by Senator Sheldon Whitehouse (D-RI) in September. NAPO worked with both of these offices as well as Senator Mark Kirk (R-IL) and Senator Barbara Boxer (D-CA). Additionally, NAPO worked in conjunction with these offices on S. AMDT. 8, submitted by
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EXECUTIVE DIRECTORS REPORT NAPO SUBMITS TESTIMONY FOR THE SENATE JUDICIARY HEARING ON PROTECTING THOSE WHO PROTECT US: THE BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM
This past year, 2011 was a deadly year for law enforcement, with a total of 177 officer fatalities. Of this number, 71 deaths were firearms-related. The number of firearm fatalities could have been higher. Countless lives were saved due to the use of bulletproof vests. Protecting the lives and safety of its citizens is an important responsibility of the Federal Government. On February 15th, a Senate Judiciary Hearing examined this responsibility even further when it took into consideration Protecting Those Who Protect Us: The Bulletproof Vest Partnership Grant Program. This is an issue of paramount concern to NAPO and its constituents. Our testimony highlighted NAPOs involvement with the BVP program all the way from its inception through its current status. In fiscal year 2011, there was approximately $24.2 million allocated through the BVP grant program to 2,960 jurisdictions. The Bulletproof Vest Partnership Grant Program authorization expires at the end of FY12. NAPO is working with offices in both the House and Senate to introduce legislation that would reauthorize the program. Several concerns were addressed in the testimony. These included our continued commitment to protect rank-andfile from the potential harmful effects of any mandatory wear policy for vests. NAPO also took two positions on the fifty-seven-page report issued in February by the Government Accountability Office (GAO). The first position, in an effort to remain fiscally mindful of taxpayers resources, NAPO believes that BVP grants should be consolidated in one place and there should be no adverse affect on funding. The second position deals with unused funds within the BVP grant program. NAPO calls for a policy that assures these funds allocated to vests are utilized by departments and calls for agencies management to be responsible for making sure this happens. Finally, NAPO strongly advocates for a comprehensive care, measurement, fit and maintenance policy for Bulletproof Vests. Crime knows no jurisdictional boundaries. Thousands of jurisdictions across the United States must rely on the Bulletproof Vest Partnership Grant Program to safeguard the lives of their officers. NAPO was there for the creation and implementation of the BVP grant program and we will continue to be a strong, proactive force shaping this important program. Go to this link to read NAPOs testimony: www.napo.org/legislative-update/Submitted_ Testimony_Senate_Judiciary_BVP_2_15_12.pdf
Use what talents you possess: the woods would be very silent if no birds sang there except those that sang best.
Please visit www.napo.org for detailed event information and exhibiting/sponsorship opportunities. Contact us at 1-800-322-6276 or via e-mail: info@napo.org with any questions.
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Privatization Issues
What Killed Prison Privatization?
Ken Kopczynski
Director of Research
Follow me on Twitter @ PCWGKen
heres a saying: Victory has a thousand fathers; defeat is an orphan. That is how I feel about the recent Senate vote killing the privatization of public prisons in south Florida.
Webpage
The Private Corrections Institute maintains an excellent webpage on the for-profit private prison industry. You can get recent news, lawsuits, reports, and links to other sites. Our Hall of Shame is a hit among activists. The link is: www.PrivateCI.org
Some background I have been fighting the private prison corporations for the Florida PBA since 1997 when I first started looking into the actions of the Correctional Privatization Commission (CPC). The CPC was the agency with the responsibility for contract oversight of private prisons in Florida. My investigations directly led to the filing by this author of two successful ethics complaints against two now former employees of the CPC: Dr. Charles Thomas and Mark Hodges. Both Thomas and Hodges were found guilty of, and paid fines for, violating Florida law for their personal relationships with the vendors they were tasked to oversee. You can read about my adventures in my book, Private Capitol Punishment: The Florida Model. Because of the rampant corruption at the CPC, Governor Jeb Bush abolished the CPC in July 2004 and moved its functions into the Department of Management Services (DMS). When DMS took over operations from the CPC, they had their auditors review the Commissions records and operations. What they discovered was that the CPC had allowed the vendors to get away with close to $13 million in overpayments through lax oversight. You can read the report, Contract Management of Private Correctional Facilities, at this link: www.privateci.org/private_pics/Final%20Report.pdf While the PBA was successful in exposing the incestuous relationship between some of the state players and the private prison vendors, and we kept prison privatization to a minimum over the years, the vendors were successful in
2011 in slipping language into the budget privatizing pubic prisons in 18 south Florida counties. Because they used the budgetary process and not a standalone bill, we had no opportunity for a fair fight to stop this action. They knew what they were doing. Once the budget was signed into law by Governor Scott, the PBA had no option but to file suit against the state for putting substantive law into the budget a constitutional no-no. The PBA was and continues to be successful in our suit against this privatization effort. This being the case, once the Legislature convened in 2012, they moved forward with a separate bill, SB 2038, privatizing south Florida prisons. While the PBA was not the official representative for state COs, our lobbying team was constantly asked by legislators, media, and other interested parties our position on SB 2038. We did everything we could to facilitate the defeat of SB 2038. So it was bittersweet when, on Valentines Day 2012, the Florida Senate voted to kill the largest privatization effort in the United States. The Senate effort was led by longtime PBA supporter Senator Mike Fasano, with very strong support from Senator Paula Dockery and Senator Jack Latvala. Please understand that had not the PBA filed its lawsuit, all the prisons in south Florida would have been already privatized. So, I am happy to share in the defeat of this prison privatization effort with a thousand fathers. It was a group effort, but one that the PBA started and had the wherewithal to follow through over all these years. Im just glad Im not an orphan.
et me start by thanking all the State Correctional Officers who joined us in fighting back against south Florida prison privatization. It is truly amazing what we can accomplish when we work together. No one thought we could stop privatization last year, but our lawsuit forced the issue back to where it belonged in the first place on the Senate floor as a stand-alone bill. I always said that if the fight was fair, we would beat them with the facts. Maybe I am gloating just a little bit, but, yes, it does feel good to be right. Hey, anytime we can stick to the privateers, we deserve to gloat a little. I certainly appreciate all of the kind words so many of you have offered to me, along with Officers McKenna and Maycock for taking our fight to court. This article is a little bittersweet for me and the Florida PBA. We have spent many years fighting the Legislatures attempts to privatize away our livelihoods. And although I am certainly still here with each of you fighting the good fight, we all know it is just not the same. I am asked what I think about everything going on now in the department and what I would do differently. Again, I certainly appreciate the question and the sentiment behind it, but for right now it is not my place to answer, or offer a
critique. There is a new group working on those issues and they must learn, like we did, how to handle the responsibility. Only time will tell if they are up to the task. I will say this the PBA is still here for you. Despite rumors of our demise, our association still played a major role in protecting you and your family. We fought the Governor in court on the FRS and I am sure youve heard by now that we won. PBAs General Counsel Hal Johnson was cocounsel in that lawsuit and State Correctional Officer Randall Haire was one the named plaintiffs in that case. We also recruited the expert witness in the case, Mrs. Charlotte Moore, to provide testimony on behalf of the employees. Her testimony on the financial losses an employee would sustain was a vital part of Judge Fulfords final decision. As always, our lobbyists spent countless hours at the Capitol fighting for your job and your benefits. They lobbied against privatization, they made sure our insurance premiums did not increase, and that the health insurance coverage was not decreased. Lets face it we all thought that would be the next shoe to drop. So things have changed, but nothing has really changed. PBA is still here ready to assist you anyway we can. Take care of yourself and each other.
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ACH Routing Code
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Bank Account Number
STEP 1
I authorize Florida Police Benevolent Association, Inc. to begin making monthly deductions from my checking account for payment of my membership dues and the financial institution named below to initiate entries to my checking account on the fifth of each month. This authority will remain in effect until I notify you in writing to cancel it in such time as to afford the financial institution a reasonable opportunity to act on it. I can stop payment of any entry by notifying my financial institution three days before my account is charged. I am attaching a voided blank check for verification purposes.
SOC. SEC. NO.: CITY: E-mail: STATE: ZIP:
NAME (Full): ADDRESS: BANK NAME: BANK ADDRESS: NAME(S) AS SHOWN ON THIS ACCOUNT:
X
SIGNATURE OF APPLICANT DATE
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SIGNATURE OF CO-APPLICANT (if necessary)
The Boyfriend
One night a teenage girl brought her new boyfriend home to meet her parents, and they were appalled by his appearance: leather jacket, motorcycle boots, tattoos and more piercings than they wanted to count. Later, the parents pulled their daughter aside and confessed their concern. Dear, said the mother diplomatically, he doesnt seem very nice. Oh please, Mom, replied the daughter. If he wasnt nice, why would he be doing 500 hours of community service?
DATE RCVD:
CH/CP NO.:
DUES AMOUNT:
FED PAC:
LOC:
MEMSKEY:
STEP 2
Fill out the form below if you currently have payroll deduction for your membership dues.
Agency:__________________________________________ Division:__________________________________________ Peoples First ID Number (if applicable): __________________________________________________________________ Member Signature:_________________________________________ Date Signed: ______________________________
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