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New Post has been published on https://scfop3.org/all-things-fop-april-newsletter/

All Things FOP April Newsletter

A Message from National President Patrick Yoes

A valuable tool for the FOP’s National Legislative Program is the National Fraternal Order of Police Political Action Committee (NFOP PAC). The NFOP PAC helps us educate Members of Congress about issues important to our members. We do this by promoting the FOP’s legislative priorities and providing the opportunity for our members who are interested in the safety, health, and occupational security of rank-and-file law enforcement officers to contribute to worthy candidates for Federal office–candidates who believe in and have demonstrated their support of the principles to which the FOP is dedicated. The NFOP PAC supports candidates and elected officials who stand as staunch allies for law enforcement and give a strong voice to the issues of rank-and-file officers.

Any PAC is only as strong as its balance, so we enthusiastically support payroll deduction programs like that operated by the Long Beach Police Officers Association–the first lodge to institute a payroll deduction program to benefit the NFOP PAC. The LBPOA program is hugely successful and raises thousands of dollars for the NFOP PAC every year. We urge all of our lodges to consider adopting a payroll deduction program!

The NFOP PAC also encourages our members to participate in a monthly donation program, which has been dwindling of late. We need more members to participate by making a monthly donation to support the NFOP PAC.

Even though this is an “off year,” we face the challenge of remaining competitive with other organizations and PACs who, like the FOP, will be raising funds to enable them to compete in the upcoming election cycle.

Consider this:  if every member donated $1.00 each month for one year, or made an annual contribution of $12, we would have more than $4,000,000! We use our PAC to support those that support us—to support those who have our back as we continue to serve, protect and defend.

Can you give $1 a month or $12 a year? Donate Now

    Patrick Yoes

National President

Fraternal Order of Police

pyoes@fop.net

www.fop.net

  FOP Action Center

Make your voice heard! Contact members of Congress about various FOP priorities such as Protect and Serve, LEOSA Reform, Federal Officers, Social Security and Qualified Immunity. For more information, go to the FOP Action Center.

      2nd Half Per Capita

Second half per capita is due to the Grand Lodge by May 1st. Make sure your lodge’s per capita is current in order to receive your conference credentials in a timely manner. Credentials will start being mailed out the first part of May.

      Download the NFOP App Today and Be Ready for Conference

Download the NFOP app today and stay up to date on all things FOP! Will you be attending the 65th Biennial National Conference in Indianapolis in August? The app will give delegates access to important conference information, including the conference book, amendments, resolutions and updates to travel or venue attendance policy set by the state of Indiana. Make sure you don’t miss anything!

  National Executive Board

  President: Patrick Yoes                         Vice President: Joe Gamaldi

Secretary: Jimmy Holderfield                Treasurer: Tom Penoza

2nd Vice President: Les Neri                 Sergeant-at-Arms: Keith Turney

Trustee Chairman: Rob Pride

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New Post has been published on https://scfop3.org/funeral-arrangements-for-officer-jackson-ryan-winkeler/

Funeral Arrangements for Officer Jackson Ryan Winkeler

Funeral arrangements for Jackson Ryan Winkeler, Public Safety Officer, Florence Regional Airport Department of Public Safety, who was murdered in the line of duty on January 5, 2020, are as follows:

FUNERAL SERVICE

Thursday, January 9, 2020, at 11:00 am

Florence Center

3300 W. Radio Drive Florence, SC 29501

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New Post has been published on https://scfop3.org/washington-watch-legislative-update-2019-06-03/

Washington Watch: Legislative Update

Washington Watch: Legislative Update

For the Week of 3 June 2019

Legislative News and Activity

This Week in Congress

Update on Top Legislative Priorities

ANNOUNCEMENT: FOP National President Is Officially Nominated To Lead The Bureau Of Alcohol, Tobacco, Firearms, And Explosives

Support the National FOP PAC

Follow the FOP on Facebook & Twitter! 

    LEGISLATIVE NEWS AND ACTIVITY

Executive Director Jim Pasco:

spoke with Jack A. Rauch, Deputy Associate Director with the Office of Public Liaison, regarding firearms issues; and

 spoke with Tim Shea, Senior Counsel to Attorney General William P. Barr, regarding the upcoming National FOP’s 2019 Biennial National Conference in New Orleans, as well as continued conversations pertaining to immigration and the next phases of the implementation of the First Step Act.

Senior Legislative Liaison Tim Richardson and Legislative Liaison Scott Marks met with staff in the office of Representatives Steven E. Stivers (R, OH-15) and Theodore R. Budd (R, NC-13) regarding H.R. 2513, the “Corporate Transparency Act.” The bill was referred to the House Committee on Financial Services and is scheduled to be marked-up on June 11.

Legislative Liaison Marks met with staff in the office of Representatives Alexander X. Mooney (R, WV-2) and Anthony E. Gonzalez (R, OH-16) regarding H.R. 2513, the “Corporate Transparency Act.” The bill was referred to the House Committee on Financial Services and is scheduled to be marked-up on June 11.

  THIS WEEK IN CONGRESS

 Action in the House

The House considered and passed H.R. 6, the “American Dream and Promise Act,” on a 237-187 vote. The bill would cancel and prohibit removal proceedings against certain aliens and provides such aliens with a path toward permanent resident status.

 Action in the Senate

The Senate received President Trump’s nomination of National FOP President Chuck Canterbury to be the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The nomination was referred to the Committee on the Judiciary.

The Senate considered and approved on the nomination of Andrew M. Saul to be the Commissioner of Social Security on a 74-17 vote.

Action in the House Committees

The Committee on Homeland Security held a hearing entitled: “Perspectives on TSA’s Policies to Prevent Unlawful Profiling.”

Action in the Senate Committees

The Committee on the Judiciary held a hearing entitled: “Fentanyl Analogues & the Expiring Emergency Scheduling Order.”

  UPDATE ON TOP LEGISLATIVE PRIORITIES

 Support H.R. 141/S. 521, the “Social Security Fairness Act”8 additional cosponsors signed on to H.R. 141, bringing our total to 182.

Last week the National FOP Legislative Office sent letters to the 37 Members of Congress that had previously cosponsored this legislation in the 115thCongress, asking them to again co-sponsor the bill in this Congress (click here to read the full letter). Since then, 7 Members have signed on.

 We have 30 cosponsors on S. 521.

Support H.R. 1195/S. 473, the “Law Enforcement Officers’ Equity Act”

We have 36 cosponsors on H.R. 1195.

We have 1 cosponsor on S. 473.

Support H.R. 1154/S.1394, the “Public Safety Employer-Employee Cooperation Act”

5 additional cosponsors signed on to H.R. 1154, bringing our total to 113.

1 additional cosponsored signed on to S. 1394, bringing our total to 17.

   ANNOUNCEMENT:

FOP NATIONAL PRESIDENT IS OFFICIALLY NOMINATED TO LEAD THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES 

 FOP National President Chuck Canterbury has been officially nominated by President Donald J. Trump to lead the agency. You can read more from the White House by clicking this link. You can also follow the nomination here. 

    SUPPORT THE NATIONAL FOP PAC

It is crucial to our political agenda that we keep our PAC competitive with other organizations. If you want more information on the PAC or want to sign up for a $5.00 monthly recurring contribution, please email scott.marks@fop.net or call (202) 547-8189.

  FOLLOW THE FOP ON FACEBOOK & TWITTER!

Follow the FOP on Facebook [@NationalFraternalOrderOfPolice] and Twitter [@GLFOP] for the latest news from Capitol Hill!

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New Post has been published on https://scfop3.org/washington-watch-legislative-update-2019-03-04-2/

Washington Watch: Legislative Update

Washington Watch: Legislative Update

For the Week of 18 March 2019

I.             Legislative News and Activity  

II.            This Week in Congress

III.           Update on Top Legislative Priorities

IV.          Support the National FOP PAC

V.            Follow the FOP on Twitter! 

  I.    LEGISLATIVE NEWS AND ACTIVITY

  Executive Director Jim Pasco:

spoke with Steven H. Cook, Associate Deputy Attorney General, regarding civil rights issues;

spoke with Jennifer S. Korn, Special Assistant to the President, regarding First Step Act implementation.

  Senior Legislative Liaison Tim Richardson:

met with Judiciary Committee staff from the offices of Senators Patrick J. Leahy (D-VT) and Dianne Feinstein (D-CA) to discuss the introduction of the Senate companion bill to H.R. 1156, the “LEOSA Reform Act.”  The need for legislation to reauthorize the Bulletproof Vest Partnership (BVP) grant program was also discussed;

met with staff in the office of Cory S. Gardner (R-CO) to discuss draft legislation which would create a new program within the BVP grant program for the acquisition of Type III vests;

met with staff in the office of Senator Mitch McConnell, the Majority Leader, to discuss the FOP’s priorities and agenda for the First Session of this Congress;

spoke with staff in the office of Representative Ralph W. Norman, Jr. (R-SC) about re-introducing the “Putting First Responders First Act”;

met with majority staff with the Senate Committee of the Judiciary to discuss the reauthorization of programs established by the Violence Against Women Act (VAWA) and administered by the Office of Violence Against Women (OVW).

  Senior Legislative Liaison Richardson and Legislative Liaison Scott Marks:

met with staff in the office of Representative David F. Kustoff (R-TN) to discuss FOP-backed bills pending before the Committee on Financial Services and H.R. 1325;

participated in a conference call with staff in the office of Representative Peter T. King (R-NY) to discuss H.R. 1595, the “Secure and Fair Enforcement (SAFE) Banking Act.”  The bill, which is scheduled for action in the Committee on Financial Services, would eliminate penalties on financial institutions which do business with marijuana-related businesses.

  Senior Legislative Liaison Richardson and Legislative Liaison Mark McDonald:

met with staff in the offices of Representatives John R. Garamendi (D-CA) and Abigail A. Spanberger (D-VA) regarding H.R. 1325, the “Protect and Serve Act.”

Staff in the FOP’s National Legislative Office participated in a call hosted by the White House’s Office of Public Liaison entitled, “Combatting the Opioid Crisis.”

Legislative Liaison Scott Marks attended a Law Enforcement Briefing Forum hosted by the Bureau of Justice Assistance at the U.S. Department of Justice.

  II.    THIS WEEK IN CONGRESS

Both chambers were in recess this week.

  III.    UPDATE ON TOP LEGISLATIVE PRIORITIES

  A.  Support H.R. 141/S. 521, the “Social Security Fairness Act”

2 additional lawmakers have co-sponsored H.R. 141 bringing our total to 137.

4 additional lawmakers have co-sponsored S. 521 bringing our total to 13.

B.  Support H.R. 1195/S. 473, the “Law Enforcement Officers’ Equity Act”

9 additional lawmakers have co-sponsored H.R. 1195 bringing our total to 32.

We continue to have 1 cosponsor on S. 473.

  C. Support H.R. 1154, the “Public Safety Employer-Employee Cooperation Act”

2 additional lawmakers have co-sponsored H.R. 1154 bringing our total to 23.

 IV.    Support the National FOP PAC

It is crucial to our political agenda that we keep our PAC competitive with other organizations.

If you want more information on the PAC or want to sign up for a $5.00 monthly recurring contribution, please email scott.marks@fop.net or call (202)547-8189.

V.    Follow the FOP on Twitter!

Sign up today for the latest news from Capitol Hill:  https://twitter.com/ GLFOP

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New Post has been published on https://scfop3.org/statehouse-report-2019-03-09/

Statehouse Report

Each week, the South Carolina Fraternal Order of Police releases it’s Statehouse Report detailing legislation which impacts law enforcement.

  Tax Relief

Governor’s FY19-20 Executive Budget places an immediate and full retirement income tax exemption for military veterans and first responders, including retired state and federal law enforcement, firefighters and peace officers, representing $20,742,570 in relief the first year.  Ways and Means adopted to fund $20 million to exempt from income taxes the retirement income of military veterans and first responders, saving the average first responder and military veteran $350 each year.

  S.173 by Hembree provides tax deductions for military and first responders.

  Governor’s FY19-20 Executive Budget states that surpluses in state government revenues do not mean we have to spend it all; a surplus means prioritizing the most critical needs in state government and returning whatever we can back to the taxpayers. This year, the State of South Carolina had $988,890,280 in surplus revenue. After putting dollars toward needed priorities, $200 million remains in this budget. The Department of Revenue will issue a rebate to all residents of South Carolina who filed an SC1040 – 2018 Individual Income Tax Return on or before October 15, 2019. The amount of the rebate for each individual taxpayer, regardless of filing status, will be based on the number of residents that filed a 2018 Individual Income Tax Return. The Department of Revenue will issue all rebates no later than December 15, 2019, on a basis proportional to the amount paid.

  S461  by Sen(s) Sheheen and Gambrell increases the deduction for certain firefighters, law enforcement officials and members of the State Guard from $3,000 – $6,000.

  PTSD

Proviso 62.23 located in the Budget Bill directs that of the funds appropriated, one half shall go to Law Enforcement Assistance Program (SCLEAP)  and the other half to SC Firefighter Assistance Support Team (FAST) to purchase insurance policies to pay out of pocket expenses for law enforcement, firefighters, emergency medical service personnel when receiving treatment for PTSD.  Funds may also be used to provide prevention and response initiatives to and for law enforcement, firefighters, and emergency medical service personnel. The program was created by the General Assembly in FY16-17 with nonrecurring funding of $500,000.  We are seeking $500,000 in the FY19-20 Budget. No funding was provided by the Ways and Means Committee.

  S.326 is a Joint Resolution authored by Senator Massey that authorizes SLED to distribute $250,000 to the SC State Firefighters Association to provide PTSD insurance and programs. S.326 has passed  through the Senate and is currently in the House Ways and Means Committee. S.326 was recalled from committee.

  Pal800 Radio Funds Request

First responders (state and local law enforcement, fire services, emergency medical services, etc) need your help in supporting passage and increased funding of proviso 93.18 located in the Department of Administration’s Section of the Budget bill.  The proviso was placed in the budget years ago and the funding has been eroded over time.  Cuts to this line item over the years have had a direct negative impact on the ability for many agencies to continue to use the statewide interoperable radio system Palmetto800.  The safety of our citizens must be all governments’ first priority.  Current funding for the statewide radio proviso is $1.2 million.  In FY07-08 it was $5 million which represented a match of $1 dollar for every $3 dollars spent for interoperability by state and local responders.  Today, the match is approximately 5 cents on the dollar spent.  State and local agencies are turning off their radios because of the lack of funding. The radio is a lifeline for many of our smaller communities.  Law enforcement and the fire service are requesting an additional $7.8 million to bring us back to the $1 dollar match for every $3 spent.  No additional funding was appropriated to current level of funding.

  Return to Work

By proviso passed in FY18-19 budget –  retirees returning to work to be an SRO are not subject to a salary cap if they retired prior to December 31, 2017. Currently there are several bills have been filed allowing retirees to return to work without a salary cap (S.256 (educators and PORS members), H.3184 (educators only), H.3185 (PORS members only), H.3191 (SROs only), H3620. (doesn’t cost system because member must be retired by January 2, 2019)

  JUDICIARY

  Assaulting a law enforcement officer, first responder or corrections officer ABHAN

H.3078 adds that assault and battery of a high and aggravated nature occurs when a person injures a federal, state, or local law enforcement officer or corrections officer, a firefighter or an emergency medical services worker in the discharge of or because of their official duties.

  Identification Cards

H.3171 deals with the issuance of identification cards for retired law enforcement officers and under circumstances in which retired officers may carry a concealed weapon.  Removes several restrictions as to where retired officers may carry pistols.

  H.3968 by Clemmons, et.al changes current law to enact the Asset Forfeiture And Private Property Protection Act which changes current law by ensuring that no person can lose their property unless they are convicted of a crime.

  S421 by Scott amends Section 16-23-465 by prohibiting a CWP holder to carry a firearm into a premise that sells alcoholic beverages.

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New Post has been published on https://scfop3.org/leosa-hr-218-firearms-qualification-dates-2019/

LEOSA / HR-218 Firearms Qualification Dates 2019

View the PDF here

LEOSA / HR-218 qualifications will be conducted at City of Charleston Firearms Training Facility located at 277 Yarns Rd, Moncks Corner, S.C. 29461. The weapons range will be open for qualifications one (1) day per month. That day will be strictly devoted to run qualifications for HR218. The range will open at approximately 0800 hours and close at 1600 hours on the dates listed below. Instructors will take a break between 1200-1300 hours. LEOSA/HR-218 Qualifications will consist of a 50 round course of fire utilizing the SLED standardized Conceal Weapons Permit qualification course. If you are a constable per state requirements you must shoot the SCCJA course of fire.

Hip worn holsters are required. Shoulder holsters, inside the waistband holsters, ankle holsters, or drawing from the pocket will NOT be permitted. Holsters with exposed triggers are not permitted. Body armor, eye protection, and hearing protection. If you do not have body armor or safety, loaner sets will be available for use. Extra magazines and/or speed loaders are recommended. LEOSA Firearms Qualifications are good for one year and should be completed prior to the expiration date. Be sure to bring your previous HR-218 Card and Agency Issued ID with you, or your paperwork may be delayed. Any questions, please contact Master Deputy P.A. Foster at (0) 843-529-7351 or via email (preferred) at pfoster@charlestoncounty.org.

Dates:

January 29

February 26

March 19

April 23

May28

June 25

July 30

August 20

September 24

October 29

November 26

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New Post has been published on https://scfop3.org/law-enforcement-liability-reporter-january-2019/

Law Enforcement Liability Reporter January 2019

A civil liability law publication for Law Enforcement

ISSN 0271-5481

Cite this issue as 2019 LR January

CONTENTS

Digest Topics

Assault and Battery: Physical

Domestic Violence and Child Abuse

Electronic Control Weapons: Dart Mode

Firearms Related: Intentional Use (4 cases)

Firearms Related: Second Amendment Issues

First Amendment (2 cases)

Resources

Cross References

MONTHLY CASE DIGEST

Some of the case digests do not have a link to the full opinion.

Most Federal District Court opinions can be accessed via PACER. Registration required. Opinions are usually free; other documents are 10¢ per page.

Access to cases linked to www.findlaw.com may require registration, which is free.

Assault and Battery: Physical

      A female motorist passed a state trooper’s marked vehicle. The trooper checked and discovered that the vehicle’s registration was expired and began a traffic stop, activating his emergency lights, spotlight, and sirens, and recording the incident on his dash-cam. The driver decelerated and pulled onto a narrow and unlit shoulder before returning to the road and accelerating to 35-38 mph, a speed maintained for the rest of the pursuit. When she continued past the last exit before the nearest city, the trooper initiated a Precision Immobilization Technique (PIT) maneuver, striking her right-rear fender with his left-front bumper, which caused her car to spin into a ditch, hitting a cement culvert. The motorist and her child were treated at a hospital and released.  She was given citations for misdemeanors of expired tags and failure to yield to an emergency vehicle.

     A federal appeals court ruled that the trooper was entitled to qualified immunity on excessive force claims. The right to be free from a PIT maneuver in these circumstances was not clearly established. From a reasonable officer’s perspective, the motorist refused to comply with commands to pull over. At the time, the trooper was justified in using some force to secure compliance. Moore-Jones v. Quick, #18-1045, 2018 U.S. App. Lexis 33339 (8th Cir.).

Domestic Violence and Child Abuse

     County social workers who suspected child abuse removed four children, all under the age of six, from a family home. They were taken to a temporary shelter and all given invasive medical examinations without their parents’ knowledge or consent, and without a court order.  A federal appeals court ruled that the county violated the parents’ Fourteenth Amendment substantive due process rights when it performed the medical examinations without notifying the parents about the examinations and without obtaining either the parents’ consent or judicial authorization. The searches were unconstitutional under the special needs balancing test if performed without the necessary notice and consent. In this case, the county violated the children’s Fourth Amendment rights by failing to obtain a warrant or to provide these constitutional safeguards before subjecting the children to invasive medical examinations. Mann v. County of San Diego, #16-56657, 907 F.3d 1154 (9th Cir. 2018).

Electronic Control Weapons: Dart Mode

****Editor’s Case Alert****

       A police officer used a Taser twice in the dart mode on a 12-year-old student at a school for the deaf after giving him warnings that he would do so if he did not follow the officer’s instructions to put down a large rock. A federal appeals court held that the officer was entitled to qualified immunity because it was objectively reasonable for him to believe that, given the undisputed facts, his conduct complied with clearly established law. In this case, the student was a threat to himself and others, and the officer had a reasonable basis to believe that his instructions and warnings were being conveyed to the student by faculty in American Sign Language (ASL) and the student was ignoring them.

      The student got into a confrontation over a takeout food order with a teacher at his school, became angry, ran from the dorm, and entered a nearby, fenced-off construction area. The teacher followed, and the student picked up a stick and hit him, and then commenced throwing rocks, also hitting the teacher at least once. The school reported in a 911 call that the student was “out of control” and “making the situation dangerous.” Muschette v. Gionfriddo, #17-3817, 2018 U.S. App. Lexis 34470 (2nd Cir.).

Firearms Related: Intentional Use

      A female police officer shot a man who was cutting himself with a knife in the waiting area of a psychiatric center. He argued that this violated his Fourth Amendment right to be free from unreasonable seizures. The officer moved for summary judgment based, in part, on her qualified immunity to federal damage claims. The trial court denied the motion, concluding that she could not constitutionally shoot the plaintiff unless he posed an immediate threat to herself or others and only after providing some kind of warning, if feasible. The federal appeals court dismissed the appeal to the extent it challenged the trial court’s assessment of the factual record and otherwise affirmed the denial of summary judgment. Begin v. Drouin, #17-1451, 2018 U.S. App. Lexis 32448 (1st Cir.).

     An officer who shot and killed a man was sued for excessive force. A federal appeals court, ruling in an appeal of denial to summary judgment to the officer on the basis of qualified immunity, ruled that it lacked jurisdiction to consider questions of evidentiary sufficiency on an interlocutory review, and thus dismissed the officer’s appeal with respect to the claims that the shooting violated the decedent’s Fourth Amendment right and the plaintiff family’s Fourteenth Amendment rights. The appeals panel reversed the trial court’s denial of qualified immunity on the Fourth Amendment claims pertaining to the stop, holding that the officer’s actions during the investigative stop did not violate any clearly established law. In this case, the officer had reasonable suspicion to stop and investigate the decedent after the 911 call warning of an armed man matching his description, and unholstering a gun during the stop did not constitute a violation of the right to be free from excessive force. Foster v. Hellawell, #17-55167, 2018 U.S. App. Lexis 32797 (9th Cir.).

     A 19-year-old black man was attending a party at a motel when another young black male pulled a gun and robbed the guests, including him and held them all hostage. A woman called 911 to report the incident and then kept her phone hidden and open so the 911 dispatcher could hear events as they unfolded, including an apparent confrontation between the man with the gun and someone with a knife, who was the 19-year-old male. The man with the gun demanded that the man with the knife give it up. During the police response to the incident, the 19-year-old fled from the room while the robber fired shots.

     The 19-year-old was shot and killed by three officers who fired 17 rounds while he was lying on the ground. A federal appeals court reversed summary judgment for the defendant officers. The resolution of the conflicting testimony between one officer’s more or less contemporaneous statement to investigators (that he had shot the decedent despite his compliance with commands) and all of the officers’ subsequent unified conflicting deposition testimony should be left to a jury and the district court erred in finding the defendants entitled to qualified immunity. Henderson v. City of Woodbury, #17-1385, 2018 U.S. App. Lexis 33334  (8th Cir.).

In an excessive force case arising from the fatal shooting of an armed civilian by a state trooper, a federal appeals court upheld a grant of summary judgment to the officer on the basis of qualified immunity. The decedent, after a nearly three-and-one-half-hour standoff in which he was repeatedly warned to drop his weapon, persisted in pointing a loaded semi-automatic firearm narrowly above the heads of three officers, who were within easy firing range. Qualified immunity protects public officials, including police officers such as the defendant, the court noted, from civil liability while acting under color of state law, with the exception of officials who act incompetently or in disregard of clearly established legal principles. Conlogue v. Hamilton, #17-2210, 906 F.3d 150 (1st Cir. 2018).

  Firearms Related: Second Amendment Issues

      The state of New Jersey passed a law limiting the amount of ammunition that may be held in a single firearm magazine to no more than 10 rounds, N.J. Stat. 2C:39-1(y), 2C:39-3(j). Rejecting a Second Amendment challenge as well as challenges citing the Fifth Amendment’s Takings Clause, and the Fourteenth Amendment’s Equal Protection Clause, a federal appeals court held that the law reasonably fits the state’s interest in public safety and does not unconstitutionally burden the Second Amendment’s right to self-defense in the home. The law does not require gun owners to surrender their magazines but instead allows them to retain modified magazines or register firearms that have magazines that cannot be modified. Because retired law enforcement officers have training and experience that makes them different from ordinary citizens, the law’s exemption that permits them to possess magazines that can hold more than 10 rounds does not violate the Equal Protection Clause. Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, #18-3170, 2018 U.S. App. Lexis 34380 (3rd Cir.).

First Amendment

****Editor’s Case Alert****

     The Pennsylvania Supreme Court held that threatening police officers in the lyrics of a rap song was not protected speech, so that prosecuting the rapper for witness intimidation and terroristic threats in a music video entitled “Fuck the Police” did not violate the First Amendment. In that video, Jamal Knox, using the name Mayhem Mal, threatens to kill the two police officers and an informant that led to his conviction on a 2012 drug charge. The judges reasoned that the lyrics themselves were “both threatening and highly personalized to the victims.” Even the dissenting opinion found that Knox intended to communicate a true threat. In the lyrics, he names the police officers, and states how and where he was going to kill them, in rather specific terms.  Commonwealth v. Knox, #J-83-2017, 190 A.3d 1146, 2018 Pa. Lexis 4272.

      A federal statute, 8 U.S.C. 1324(a)(1)(A)(iv), aimed at criminalizing advocacy of violation of immigration laws, is unconstitutionally overbroad in violation of the First Amendment because it criminalizes a substantial amount of protected expression in relation to the statute’s narrow legitimate sweep. Subsection (iv) permits a felony prosecution of any person who “encourages or induces” an alien to come to, enter, or reside in the United States if the encourager knew, or recklessly disregarded the fact that such coming to, entry, or residence is or will be in violation of law. A federal appeals court reversed the defendant’s conviction with respect to the “encourage or induce” counts. U.S. v. Sineneng-Smith, #15-10614, 2018 U.S. App. Lexis 34099 (9th Cir.).

  Resources

      Firearms: Christopher M. Donner and Nicole Popovich. “Hitting (or missing) the mark: An examination of police shooting accuracy in officer-involved shooting incidents.” Policing: An International Journal (2018).

  Statistics: Davis, E., Whyde, A., Langton, L. Special Report: Contacts Between Police and the Public, 2015, NCJ 251145, Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice. October 2018

Reference:

Abbreviations of Law Reports, laws and agencies used in our publications

AELE’s list of recently-noted civil liability law resources.

  Cross References

Pursuits: Law Enforcement – See also, Assault and Battery: Physical

[scfop3]

New Post has been published on https://scfop3.org/law-enforcement-award-nominations-2019/

Law Enforcement Award Nominations

The Fraternal Order of Police, Tri-County Lodge # 3, will hold our annual awards ceremony on March 23, 2019. During the ceremony, we will recognize the efforts of law enforcement officers throughout the Tri-County area during the calendar year of 2018.  To properly honor these heroes, we need your help.  Please take a moment to nominate an officer for their efforts.

When submitting an officer for an award, please describe why the person is deserving, providing as much detail as possible about their actions or the incident. Submissions are to be 500 words or less. Once the submissions are received, each will be reviewed by the committee, and notification will be sent to the department and recipient, requesting the honor of their presence at the ceremony.

All submissions must be received no later than 5:00 pm on January 31, 2019. You may submit your nomination using our online nomination system – https://scfop3.org/awards-ceremony/

Awards that could be awarded during the ceremony and the description are included below.

We appreciate your assistance and cooperation in recognizing the outstanding officers in the Lowcountry. If you should have any questions about the awards or the process, please contact Awards Committee Chairperson Mike Kornahrens at mkornahrens@scfop3.org or (843) 744-7255.

  AWARDS AVAILABLE FOR NOMINATION

Award of Valor:   The Award of Valor will be awarded to a law enforcement officer that voluntarily risks his/her own life to an extraordinary degree in saving or attempting to save the life of another person.

Award of Merit: The Award of Merit will be awarded to a law enforcement officer whose actions are above and beyond the call of duty which results in the saving of a life, a major case arrest or a major contraband seizure.

Award of Appreciation:   The Award of Appreciation will be issued to a Tri-County Lodge #3 member who demonstrates exceptional actions which benefit the Good of the Order.

Certificate of Recognition:   A Certificate of Recognition recognizes individuals, businesses or groups that assist the lodge in the accomplishment of the Lodge’s mission of “Serving the Law Officers of the Lowcountry.”

Award of Lifetime Achievement: An award of Lifetime Achievement is given to an individual to honor his or her life-long contributions to law enforcement or the criminal justice profession. He or she has consistently maintained highly creative and effective effort, displayed exemplary service, and exhibited strong leadership skills. The individual must also enjoy a reputation as an innovator and leader among peers and within the local, state, and regional levels.

Margie F. Cannon Award of Judicial Excellence: This prestigious award honors a retired court judge who demonstrates the outstanding qualities of judicial excellence, including integrity, fairness, open-mindedness, knowledge of the law, professional ethics, creativity, sound judgment, intellectual courage, and decisiveness.

Tri-County Law Enforcement Officer of the Year: This award will be presented to a well-rounded law enforcement officer who has exceeded the duty requirements expected of his or her position and has demonstrated a distinct pattern of community service coupled with professional achievement. The award especially takes into account heroic acts and bravery.

Member of the Year:   The recipient of this award will be an active member who in the last calendar year consistently demonstrated a tireless effort to promote and support the Fraternal Order of Police. This member is active in lodge activities, functions, and meetings.

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New Post has been published on https://scfop3.org/washington-watch-legislative-update-2018-12-31-2/

Washington Watch: Legislative Update

Washington Watch: Legislative Update

For the Week of 7 January 2019 

I. Legislative News and Activity  

II. This Week in Congress

III. Update on Top Legislative Priorities

FOP ANNOUNCEMENT: Day on the Hill Dates Released

Support the National FOP PAC

Follow the FOP on Twitter! 

  LEGISLATIVE NEWS AND ACTIVITY

National President Chuck Canterbury and Executive Director Jim Pasco spoke with William P. Barr, the nominee for Attorney General of the United States, regarding the effort to ensure his confirmation.

Executive Director Pasco:

Talked with Nicholas C. Geale, Chief of Staff to the U.S. Secretary of Labor, regarding LM-2 reporting issues;

Talked with Jared C. Kushner, Senior Advisor to the President regarding, the implementation of the recently passed, “First Step Act;”

Coordinated with members of the Mr. Barr’s confirmation team, regarding ways to assist in the confirmation process.

Senior Legislative Tim Richardson:

Joined several other law enforcement organizations in a meeting with Representative Donald J. Bacon (R-NE) to discuss the reintroduction of the “LEOSA Improvements Act;”

Represented the FOP at a meeting of law enforcement stakeholders to discuss potential issues and challenges in the 116th Congress;

Met with staff in the office of Representative Steny H. Hoyer (D-MD), the new Majority Leader, to discuss the FOP’s agenda in the 106th Congress;

Met with staff in the office of freshman Representatives Abigail A. Spanberger (D-VA) and Peter J. Stauber (R-MN) to discuss potential support for the “Protect and Serve Act;”

Met with staff in the office of Senator Lisa A. Murkowski (R-AK) to discuss the reintroduction of the “Public Employee-Employer Cooperation Act.”

Senior Legislative Liaison Tim Richardson and Legislative Liaison Scott Marks met with staff in the office of Representatives John H. Rutherford (R-FL) and Valdez V. Demings to discuss the reintroduction of the “Protect and Serve Act,” as well as other FOP priorities.

Legislative Liaison Marks:

Met with staff in the office of Senator Shelby Moore Capito (R-WV) regarding legislation to lower the Medicare age to 55 for law enforcement and other public safety offices;

Attended a monthly meeting regarding pending beneficial ownership legislation to combat money laundering.

THIS WEEK IN CONGRESS

The government is still partially shutdown, see our press release here.

Action in the House

The House considered and passed:

H.R. 264, “Financial Services and General Government Appropriations Act”, on a 240-188 vote;

H.R. 267, “Transportation, Housing and Urban Development, and Related Agencies Appropriations Act” on a 244-180 vote;

H.R. 265, “Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act” on a 243-183; and

H.R. 266, “Department of the Interior, Environment, and Related Agencies Appropriations Act” on a 240-179.

These bills would fund these  Federal Departments and their component agencies but the Senate is not expected to consider the bills until there is an agreement on the border security.

The House considered and passed S. 24, the “Government Employee Fair Treatment Act” on a 411-7 vote. This legislation would give back-pay to Federal workers who did not receive compensation during this government shutdown.

Action in the Senate

The Senate considered and passed by voice vote S. 24, the “Government Employee Fair Treatment Act.”

UPDATE ON TOP LEGISLATIVE PRIORITIES

With the end of the 115th Congress, all remaining legislation expires. Staff in the National Legislative Office is already in communication with staff in the offices of the sponsors of our top legislative priorities. As you can see below, one of our top priorities has been re-introduced. We will update this section and our website as they are re-introduced.

Support H.R. 141, the “Social Security Fairness Act”

We added 25 co-sponsors to H.R. 141, bringing our total 44.

  FOP ANNOUNCEMENT: Day on the Hill Dates Released

FOP Day on the Hill is 25-27 February

This year’s Day on the Hill will begin on Monday, 25 February 2019. The National Legislative Office and the National Legislative Committee will host a short briefing on our legislative agenda. The briefing will take place on Monday afternoon at D.C. Lodge #1 and last approximately one hour. Tuesday and Wednesday, 26-27 February, will be devoted to your meetings with Members from your home States and districts. These appointments should be made in advance!!! Event participants should make every effort to have their Representative or Senator attend the meeting along with the appropriate staff person.

Accommodations for Day on the Hill Participants

The National Legislative Office is working to secure a room block for attendees. We will provide this information as soon as possible.

REMEMBER:  The FOP’s Day on the Hill event is a key component of our legislative advocacy strategy and our Grassroots Action Network. Having our members here on Capitol Hill, sitting down with their elected Senators and Representatives has a real and lasting impact on the FOP’s ability to move its agenda through Congress. We are coming off of a very successful Congress, but we need to continue to build on that success and we can’t do that without YOU!

Your participation is critical, and while we look forward to seeing old friends and our Day on the Hill veterans, this year we also want to see some new faces. We are challenging our members who do attend to bring along a lodge member who hasn’t yet participated in this event. By increasing the number of officers that lawmakers hear from, the greater effectiveness we will have as an organization. Talk about Day on the Hill in your lodge meetings and help us help you by increasing our participation.

 We need Congress focused on OUR issues and OUR safety. We need you to help make sure our voice is heard and we need more voices!

Support the National FOP PAC

It is crucial to our political agenda we keep our PAC competitive with other organizations.

If you want more information on the PAC or want to sign up for a $5.00 monthly recurring contribution, please email scott.marks@fop.net or call (202)547-8189.

Follow the FOP on Twitter!

Sign up today for the latest news from Capitol Hill:  https://twitter.com/GLFOP

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New Post has been published on https://scfop3.org/fop-statement-on-the-government-shutdown/

FOP statement on the government shutdown

FOP Urges Compromise Funding Deal

Chuck Canterbury, National President of the Fraternal Order of Police, urged our national leadership to come to the table and find common ground in a deal to fund the entirety of the Federal government.

“The most fundamental responsibility of our government and its elected officials is to protect the safety of the public,” Canterbury said. ” While Federal law enforcement officers remain on the job without pay and continue to work with their counterparts at the State and local level, the longer this partial shutdown goes on, the greater the cumulative effect on the public safety mission. We are confident that with negotiation and patience our leaders in Washington can find some accord. I would suggest that secure borders and a fully funded government are not mutually exclusive .”

“The U.S. Departments of Justice and Homeland Security house some of our largest Federal law enforcement agencies and while their operations do continue, they have not been appropriated the funds to fulfill their mission,” Canterbury said. “Our nation has always grappled with differences of opinion on policies and in politics, but it is at variance with common sense and good governance to allow these disagreements to disrupt the normal operation of the Federal government.”

The Fraternal Order of Police is the largest law enforcement labor organization in the United States, with more than 345,000 members.

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New Post has been published on https://scfop3.org/volunteers-needed-for-matuskovic-memorial-hockey-game/

Volunteers Needed for Matuskovic Memorial Hockey Game

PLEASE HELP

We are in dire need of assistance for the 2019 5th Annual Deputy Joe Matuskovic Memorial Hockey Game on Saturday, January 19th.

Proceeds from this event are going to assist the Tri-County FOP Distressed Officer Fund, Carolina Concerns of Police Survivors, and the Palmetto Military Support Group.

Volunteers are needed for entry, merchandise sales, raffle, and post-game tailgate party.

If you are able to assist please contact Ed Semlitsch at esemlitsch@scfop3.org

Thank you

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New Post has been published on https://scfop3.org/government-shutdown-assistance-loan-available-to-fop-members/

Government Shutdown Assistance Loan available to FOP members

National Police Credit Union is pleased to offer a Government Shutdown Assistance Loan to eligible members of the National Fraternal Order of Police

Government Shutdown Assistance Loan

Eligible FOP members will automatically be approved for a $5,000 loan.

The first loan payment will be deferred for 90 days.

FOP members may also take advantage of the following Auto Loan program:

Refinance an existing new or used Auto Loan from another financial institution with us and we will defer the first payment for 90 days.

To apply for the Government Shutdown Assistance Loan or Auto Loan program, please visit our website or call the number below.

Only available to National FOP members employed by a government agency that is currently affected by the Federal Government Shutdown.

An applicant cannot be in an active bankruptcy nor been the cause of a loss to our Credit Union.

Interest rates range from 3.90% to 17.90%, based on the member’s credit score.

The 90-day deferment plan starts upon loan approval.

Federally insured by NCUA

www.nationalpolicecu.com

844-COP-SAVE

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New Post has been published on https://scfop3.org/fop-supports-william-barr-to-be-u-s-attorney-general/

FOP supports William Barr to be U.S. Attorney General

National Fraternal Order of Police President Chuck Canterbury sent a letter to Senate leadership in support of the appointment of William P. Barr to be the next Attorney General of the United States.

  Text of Letter:

Dear Mr. Chairman and Senator Feinstein,

I am writing on behalf of the members of the Fraternal Order of Police to advise you of our strong support for the nomination of William P. Barr to be the next Attorney General of the United States.

President Trump could not have selected a finer nominee to lead the U.S. Department of Justice. Not only has Mr. Barr served as U.S. Attorney General in the Administration of George H.W. Bush, he has a long history of public service and dedication to the rule of law. After clerking for a judge on the U.S. Court of Appeals for the District of Columbia and a short tenure in the Reagan White House, Mr. Barr joined the Bush (41) Administration as Assistant Attorney General for the Office of Legal Counsel in 1989. President Bush took note of his leadership, integrity and commitment to law enforcement and promoted him to Deputy Attorney General in 1990.

In 1991, Mr. Barr was named Acting Attorney General and successfully led the Federal law enforcement response to a hostage situation at the Talledega Federal prison. Nine hostages were taken by more than 100 Cuban inmates and, realizing they were in imminent danger, ordered the Hostage Rescue Team to assault the prison. The hostages were saved without any loss of life.

Following this incident, President Bush nominated him to be U.S. Attorney General. The Committee on the Judiciary reported his nomination unanimously and the Senate confirmed him as the 77th Attorney General on a voice vote. During his tenure as Attorney General, he was known for his anti-crime approach and his focus on violent crimes. The FOP shares his views and we are confident that Mr. Barr will, once again, be a stellar “top cop.”

We believe the President has made an outstanding choice in Mr. William P. Barr to return to public service as the Attorney General of the United States. The FOP proudly offers are full, enthusiastic and unequivocal support for this nominee and we urge the Judiciary Committee to favorably report his nomination.

On behalf of the more than 345,000 members of the Fraternal Order of Police, thank you both for your continued leadership and for your consideration of our views on this critical nomination. If I can be of any additional help on this matter, please do not hesitate to contact me or Executive Director Jim Pasco in my Washington office.

Chuck Canterbury

National  President

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New Post has been published on https://scfop3.org/washington-watch-legislative-update-2018-12-31/

Washington Watch: Legislative Update

Washington Watch: Legislative Update

For the Week of 31 December 2018 

I. Legislative News and Activity  

II. This Week in Congress

III. Update on Top Legislative Priorities

FOP ANNOUNCEMENT: Day on the Hill Dates and Hotel Information

FOP News: Social Security Fairness Act Reintroduced

Support the National FOP PAC

VII.  Follow the FOP on Twitter! 

   LEGISLATIVE NEWS AND ACTIVITY

 Executive Director Jim Pasco:

Spoke to Thomas E. Brandon, Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), regarding the “First Step Act;”

Spoke to Steven H. Cook, Associate Deputy Attorney General regarding U.S. Department of Justice civil rights actions;

Spoke to Jennifer S. Korn, Special Assistant to the President, regarding immigration and border security;

Had conversation with numerous Executive and Legislative branch contacts on adverse effect of current partial government shutdown on law enforcement.

 THIS WEEK IN CONGRESS

We hope you and your families had a Happy New Year.

The 115th Congress adjourned sine die this week and the 116th Congress was sworn in and seated.

In the House, Nancy P. Pelosi (D-CA) was elected as the next Speaker of the House and Kevin O. McCarthy (R-CA) was elected as Minority Leader.

There was no change of leadership in the Senate, Senators Mitch McConnell (R-KY) and Charles E. Schumer (D-NY) will again serves as Majority Leader and Minority Leader respectively.

No progress is expected on the remaining appropriations bills (see below) and parts of the Federal government remain unfunded and shut down.

Action in the House

The House considered and passed H.R. 21, which would provide appropriations for those U.S. Departments and agencies that have not been funded for the current fiscal year, on a 241-190 vote. The bill now goes to the Senate, which is not expected to consider the bill because of opposition from the Administration.

Funding for the U.S. Department of Homeland Security was not included in H.R. 21 but the House did consider H.J. Res. 1, a continuing resolution providing appropriations for the Department through 8 February, and passed it on a 239-142 vote. As with H.R. 21, the resolution does not have the support of the Administration and is not expected to be considered in the Senate.

UPDATE ON TOP LEGISLATIVE PRIORITIES

With the end of the 115th Congress, all remaining legislation expires. Staff in the National Legislative Office is already in communication with staff in the offices of the sponsors of our top legislative priorities. As you can see below, one of our top priorities has been re-introduced. We will update this section and our website as they are re-introduced.

Support H.R. 141, the “Social Security Fairness Act”We have 19 cosponsors on H.R. 141.

   FOP ANNOUNCEMENT: Day on the Hill Dates Released and hotel information

FOP Day on the Hill is 25-27 February

This year’s Day on the Hill will begin on Monday, 25 February 2019. The National Legislative Office and the National Legislative Committee will host a short briefing on our legislative agenda. The briefing will take place on Monday afternoon at D.C. Lodge #1 and last approximately one hour. The lodge is located at 711 4th St NW, Washington, D.C.

Tuesday and Wednesday, 26-27 February, will be devoted to your meetings with Members from your home States and districts. These appointments should be made in advance!!! Event participants should make every effort to have their Representative or Senator attend the meeting along with the appropriate staff person.

Accommodations for Day on the Hill ParticipantsThe National Legislative Office is fortunate to have secured a room block at the Hyatt Place at 33 New York Avenue NE, close to the NoMa-Gallaudet Avenue Metro Station. The room rate is $179 per night.  Members can use this link to make their reservations: https://book.passkey.com/go/FOP2019

Attendees may also call reservations at 1-855-556-1297 and ask for the Grand Lodge Fraternal Order of Police rate.

THE CUT OFF DATE IS 6 FEBRUARY 2019, SO MAKE YOUR RESERVATIONS NOW!!!

REMEMBER: The FOP’s Day on the Hill event is a key component of our legislative advocacy strategy and our Grassroots Action Network. Having our members here on Capitol Hill, sitting down with their elected Senators and Representatives has a real and lasting impact on the FOP’s ability to move its agenda through Congress. We are coming off of a very successful Congress, but we need to continue to build on that success and we can’t do that without YOU!

Your participation is critical, and while we look forward to seeing old friends and our Day on the Hill veterans, this year we also want to see some new faces. We are challenging our members who do attend to bring along a lodge member who hasn’t yet participated in this event. By increasing the number of officers that lawmakers hear from, the greater effectiveness we will have as an organization. Talk about Day on the Hill in your lodge meetings and help us help you by increasing our participation.

We need Congress focused on OUR issues and OUR safety. We need you to help make sure our voice is heard and we need more voices!

  FOP News: Social Security Fairness Act Reintroduced

 Chuck Canterbury, National President of the Fraternal Order of Police, welcomed the introduction of H.R. 141, the “Social Security Fairness Act,” in the U.S. House of Representatives.

“This has been a top legislative priority for the FOP for many years and we wanted to make sure it was introduced at the very start of this Congress,” Canterbury said. “We are very pleased that Representative Davis is again leading the charge to repeal the Windfall Elimination Provision and Government Pension Offset.”

The bill was re-introduced in the House by Representatives Rodney L. Davis (R-IL), along with more than 19 other original cosponsors. The bill would repeal both the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) in current Social Security law.  In the previous Congress. The bill garnered 195 cosponsors, only 23 less than a majority of the House.

The Windfall Elimination Provision (WEP) affects workers who spent some time in jobs not covered by Social Security and also worked other jobs where they paid Social Security taxes long enough to qualify for retirement benefits. The provision has a disproportionate effect on law enforcement officers who retire earlier than most other public employees and are more likely to begin a second career after they leave law enforcement.  Officers in this position are penalized and may have their Social Security benefit reduced by up to sixty (60%) percent.

“The WEP substantially reduces a benefit that workers had included and counted on when planning their retirement and it substantially penalizes lower-paid public employees with short careers or, like many retired law enforcement officers, those whose careers are evenly split inside and outside the Social Security system,” Canterbury explained. “This is a loss of benefits to which they are entitled, not an adjustment for a ‘windfall.’”

Like the WEP, the Government Pension Offset was adopted to shore up the finances of the Social Security trust fund. This “offset” law reduces by two-thirds the benefit received by surviving spouses who also collect a government pension.

“Nine out of ten times,” Canterbury said, “this so-called ‘offset’ completely eliminates the spousal benefit even though the covered spouse paid Social Security taxes for many years, thereby earning the right to these benefits.”

“The WEP and GPO provisions do not eliminate a windfall for workers, instead they have proved to be a windfall for the Federal government at the expense of public employees. That’s not right and it’s not fair,” he said. “Congress should repeal these inequitable provisions and pass the ‘Social Security Fairness Act.’”

   Support the National FOP PAC

It is crucial to our political agenda we keep our PAC competitive with other organizations.

If you want more information on the PAC or want to sign up for a $5.00 monthly recurring contribution, please email scott.marks@fop.net or call (202)547-8189.

  Follow the FOP on Twitter!

Sign up today for the latest news from Capitol Hill:  https://twitter.com/GLFOP

[scfop3]

New Post has been published on https://scfop3.org/police-personnel-reporter-december-2018/

Police Personnel Reporter - December 2018

An employment law publication for law enforcement, corrections, and fire/EMT services

Cite this issue as:2018 FP December

CONTENTS

Age Discrimination – General

Bill of Rights Laws

Handicap/Abilities Discrimination – Accommodation in General

Pay Disputes

Privacy

Race Discrimination

Religious Discrimination

Retaliatory Personnel Actions

Sex Discrimination

Resources

Cross References

MONTHLY CASE DIGEST

Some of the case digests do not have a link to the full opinion. • Most Federal District Court opinions can be accessed via PACER. Registration is required; nominal fees• BNA arbitration awards can be obtained for a fee, from BNA Plus

Age Discrimination – General

****Editor’s Case Alert****

       The U.S. Supreme Court has ruled that the federal Age Discrimination in Employment Act (ADEA) applies to employers who are a state or a political subdivision of a state regardless of the number of employees the employer has. The case was brought by two firefighters (46 and 56 years old respectively) who were the oldest in their department. They claimed that their termination after a budget shortfall was based on their age, in violation of the statute. The trial court ruled that the employing fire district was too small to qualify as an employer under the statute, which defines employer as “a person engaged in an industry affecting commerce who has twenty or more employees.” The U.S. Supreme Court, however, noted that the statute also includes as an employer “(1) any agent of such a person, and (2) a State or political subdivision of a State” 29 U.S.C. 630(b).

The Court acknowledged that reading section 630(b) to apply to states and political subdivisions regardless of size gives the ADEA broader reach than Title VII, but this disparity is a “consequence of the different language” Congress chose to use. The Equal Employment Opportunity Commission (EEOC) has for 30 years interpreted the ADEA to cover political subdivisions regardless of size, and a majority of the states, the Court stated, also impose age discrimination bans on political subdivisions with no numerical threshold. Mount Lemmon Fire District v. Guido, #17-587, 2018 U.S. Lexis 6639, 2018 WL 5794639.

  Bill of Rights Laws

      The plaintiff held a career executive assignment (CEA) position as chief of the Criminal Intelligence Bureau, part of the California Department of Justice (DOJ). Assignment by appointment to CEA jobs in the state did not confer any rights or status in the position other than provided in Article 9 of the Government Code, Chapter 2.5 of Part 2.6. The rights conferred by article 9 are the rights of all civil service employees relating to punitive actions, except that the termination of a CEA is not a punitive action.” CEA positions are part of the general civil service system, but an employee has no tenure.

The plaintiff’s job was to cooperate with local, state, and federal law enforcement agencies to prevent terrorism and related criminal activity. However, he had “not good” relationships with state and federal decision makers. The director and deputy director of the state Office of Homeland Security refused to work with him. His superior decided to terminate his CEA position because of his “dysfunctional relationship” with federal and state representatives, and because of the employee’s hostility toward him. After his firing, the plaintiff sued, reciting a long list of grievances, as well as claiming that certain actions he took in liaising with other state and federal homeland security representatives, then reporting potentially illegal policy proposals, were protected by California whistleblower statutes. The Court of Appeal concluded that the Public Safety Officers Procedural Bill of Rights Act (POBRA) protections concerning investigation, interrogation, and administrative appeal did not apply to the termination and that he was not protected as a whistleblower as he did not disclose or report a violation of law. Manavian v. Dept. of Justice, #CO77843, 2018 Cal. App. Lexis 1012.

  Handicap/Abilities Discrimination – Accommodation In General

A 56-year-old woman worked as a correctional officer until she became injured during fights with inmates. After she worked the maximum number of days of light duty provided for under the terms of a collective bargaining agreement, she was fired because no other suitable position was found for her.  A federal appeals court found that the plaintiff’s prima facie evidence of bad faith supporting her claim of failure to accommodate/disability discrimination was rebutted by the “incontrovertible” evidence that she could not have been reasonably accommodated, as she could not perform the essential duties of her prior job and no other suitable job was available. She similarly failed to show evidence of sex discrimination, and her age discrimination claim also failed because she did not produce evidence of a similarly situated younger person who was treated differently. Faulkner v. Douglas County, #17-1387, 2018 U.S. App. Lexis 28743 (8th Cir.).

  Pay Disputes

Employees who retired or were separated from positions with the Veterans’ Administration in 1993-99 with accrued but unused leave sued the federal government. They received lump-sum payments for their accrued and unused annual leave and later received supplemental lump-sum payments that reflected statutory pay increases and general system-wide pay increases that became effective before the expiration of their accrued annual leave, as required by the Lump Sum Pay Act (LSPA), 5 U.S.C. 5551-5552

Their lawsuit claimed that the VA omitted increases included Cost of Living Adjustments (COLAs) and Locality Pay Adjustments and that payments made to certain plaintiffs improperly omitted non-overtime Sunday premium pay or evening and weekend “additional pay” that they would have received had they remained on the job. They sought pre-judgment interest under the Back Pay Act, 5 U.S.C. 5596. The claims for additional COLAs, Locality Pay Adjustments, and non-overtime Sunday premium pay were subsequently resolved. A federal appeals court upheld a Claims Court decision that the plaintiffs were not entitled to have evening and weekend “additional pay” included in their payments. They were also not entitled to receive pre-judgment interest on amounts improperly withheld from their lump sum payments.  Athey v. United States, #17-2277, (Fed. Cir.).

  Privacy

      The plaintiffs, applicants for jobs operating vehicles with a public transportation authority, had each been convicted of drug offenses between 1997 and 2007.  Each of them disclosed their criminal history while applying, as well as authorizing the employer to obtain a background check. They were each denied employment and the employer did not send them copies of their background checks before it decided not to hire them, nor did it send them notices of their rights under the Fair Credit Reporting Act (FCRA), which required the employer to send both before it denied them employment, 15 U.S.C. 1681b(b)(3).

     A federal appeals court upheld the dismissal of claims based on failure to provide notice of FCRA rights. The plaintiffs became aware of their FCRA rights and were able to file the lawsuit within the statute of limitations period, so they were not injured. The court reversed, however, the dismissal of the claim based on failure to provide copies of the consumer reports. The FCRA clearly expresses Congress’s “intent to make [the] injury redressable.” Long v. Southeastern Pennsylvania Transportation Authority, #17-1889,  903 F.3d 312 (3rd Cir. 2018).

  Race Discrimination

       An employee of a state agency who worked as a rehabilitation counselor claimed that she was denied a promotion to district supervisor because of her African-American race in violation of Title VII. A federal appeals court upheld summary judgment for the employer. While it acknowledged that the plaintiff successfully established a prima facie case of employment discrimination, the employer asserted a justification that was not pretextual. There was no evidence in the record of any discrimination in the promotion decision. The court stated that any difference in qualifications between the two candidates for the job did not create a genuine issue of fact that plaintiff was clearly better qualified for the position. The decision to value the other candidate’s credentials over the plaintiff’s strengths was within the realm of reasonable business judgments. Roberson-King v. Louisiana Workforce Commission, #17-30899, 904 F.3d 377 (5th Cir. 2018).

  Religious Discrimination

      A county employee claimed that a director of her agency had sexually harassed and assaulted her. After an investigation, the director resigned. After that, the employee’s supervisor, a friend of the resigned director, allegedly retaliated against the employee, who had stated that she could not work on a specific Sunday because she had promised to attend a special church service. The supervisor did not approve the absence, but the employee was not at work that day and instead attended the service, after which she was fired. A federal appeals court rejected her Title VII unlawful retaliation claim, but allowed her religious discrimination claim to move forward, finding genuine disputes of material fact as to whether she held a bona fide religious belief that she needed to attend the service and whether the county would have suffered an undue hardship in accommodating this religious observance. The U.S. Supreme Court denied review of that ruling.

On remand, the defendant county for the first time argued that the plaintiff had failed to exhaust available administrative remedies before suing. The federal appeals court rejected the argument that this alleged failure was jurisdictional, requiring dismissal of the lawsuit, and held that the county had forfeited this defense. Davis v. Fort Bend County, #16-20640, 893 F.3d 300 (5th Cir.).

  Retaliatory Personnel Actions

An employee of a county probation department sued her employer for discrimination and retaliation. She claimed that two coworkers reacted by threatening her life.  In a new lawsuit, she asserted that a colleague overheard the human-resources director tell the deputy chief “to figure out a way to get [the employee] alone and away from her partner.”

The deputy chief radioed for the employee to join him and another supervisor at an Adult Probation facility to question a probationer. After the questioning, the deputy chief and the probationer left through the back door. The other supervisor then locked the front door and escorted the employee toward the back. Near the back door, the employee claimed to have heard the deputy chief say to someone “Do it to her when she gets out the door,” but nothing happened. After she filed another EEOC charge based on these events, the deputy chief allegedly approached her in the employee parking lot and warned her that “I could hit you and nobody would give a fuck.” The federal appeals court upheld summary judgment for the defendants, finding that the alleged threat to the plaintiff was “too oblique” to support a jury concluding that she was subjected to severe or pervasive harassment. Flanagan v. Office of the Chief Judge of the Circuit Court of Cook County, #16-1927, 893 F.3d 372 (7th Cir.).

  Sex Discrimination

     A female employee of a juvenile court claimed that her request for a higher salary was rejected on the basis of her gender and race. She sued for wage and sex discrimination based on the Equal Protection Clause and the Equal Pay Act (EPA), and retaliation based on her gender in violation of the EPA, as incorporated into the Fair Labor Standards Act. She was also terminated. A federal appeals court upheld summary judgment for the defendants, holding that the employee had not been able to point to any evidence that showed that the interim county manager’s stated reasons for denying her higher salary request were false and a pretext for racial or gender discrimination. Her direct supervisor’s reason for terminating her was because she was no longer a “good fit” and lacked the leadership skills necessary to successfully implement proposed changes in the juvenile court clerk’s office. She did not show that this was a pretext. Hornsby-Culpepper v. Ware, #17-14301, 2018 U.S. App. Lexis 29532 (11th Cir.).

  RESOURCES

     Law Enforcement Management: Managing a Changing Workforce, by Karen Dietrich, FBI Law Enforcement Bulletin (Oct. 15, 2018).

     Website: Law Enforcement and Corrections Commons. Links to 3,066 full text articles, indexed by topic.

Reference:

Abbreviations of laws, law reports and agencies used in our publications.

AELE’s list of employment law resources

[scfop3]

New Post has been published on https://scfop3.org/grassley-thanks-law-enforcement-groups-for-work-on-first-step-act/

Grassley Thanks Law Enforcement Groups for Work on First Step Act

WASHINGTON – Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) issued the following statement with respect to the substantive input from certain law enforcement organizations in the revised First Step Act released today.

“When we set out to update and reform our criminal justice system, we sought the expertise from a broad range of stakeholders and advocates. Our focus has always been to reduce crime and recidivism and improve fairness in a way that promotes safety and respect for the law. We could not have done this without the essential input from a number of key law enforcement organizations that partnered with us in this endeavor.

“The Fraternal Order of Police, the International Association of Chiefs of Police and National Organization of Black Law Enforcement Executives played a formative role in the updated text we released earlier today. Their continued leadership and good faith engagement have cut a path forward on a once-in-a-generation chance to improve American justice. I’d also like to thank the National District Attorneys Association, the Association of Prosecuting Attorneys and Law Enforcement Leaders to Reduce Crime and Incarceration, who gave valuable input on this bill. Their engagement offered important law enforcement perspective in the initial stages of our work.

“While some groups have chosen to stay on the sidelines or even undermine our work, these organizations have provided us with critical feedback needed to refine and strengthen the First Step Act. They have helped to advance law enforcement priorities and the goals of reform.

“With President Trump’s continued leadership, the wealth of input from voices across the political spectrum, and Senator McConnell’s work in bringing this up for a vote, I look forward to getting this bill signed into law.”

The Fraternal Order of Police and International Association of Chiefs of Police also spoke to their work to further strengthen the First Step Act in a statement.

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New Post has been published on https://scfop3.org/washington-watch-legislative-update-2018-12-10/

Washington Watch: Legislative Update

Washington Watch: Legislative Update

For the Week of 10 December 2018 

Legislative News and Activity  

This Week in Congress

Update on Top Legislative Priorities

Support the National FOP PAC

Follow the FOP on Twitter! 

  LEGISLATIVE NEWS AND ACTIVITY

National President Chuck Canterbury, National Vice President Jay McDonald and Executive Director Jim Pasco:

Met with Acting U.S. Attorney General Matthew G. Whitaker regarding FOP priorities and continued coordination with U.S. Department of Justice;

Met with Acting U.S. Assistant Attorney General M. John Gore, Civil Rights Division, regarding prosecutorial tactics in the St. Louis investigation. Ed Clark, President of St. Louis FOP Lodge #68, also participated.

Executive Director Jim Pasco:

Had conversations with, Jared C. Kushner, Senior Advisor to the President, on strategy for the advancement of S. 3747, the “First Step Act”;

Met with Jennifer S. Korn, Special Assistant to the President, regarding S. 3747, the “First Step Act,” and immigration reform.

Senior Legislative Liaison Tim Richardson:

Had numerous contacts and discussions with Senate and White House staff, as well as with his counterparts at the International Association of Chiefs of Police (IACP) regarding S. 3747, the “First Step Act”;

Met with Jackie Kelly, Jr., Vice President for Legislative Affairs at the American Trucking Association, to discuss areas of mutual interest.

Senior Legislative Liaison Richardson and Legislative Liaison Scott Marks:

Represented the FOP at the quarterly meeting of the Public Safety Officers’ Benefits (PSOB) Program Working Group;

Participated in a law enforcement stakeholders’ meeting to discuss next steps on the issue of collecting beneficial ownership information to combat money laundering and illicit financing;

Represented the FOP at a monthly meeting of criminal justice stakeholder groups;

Represented the FOP at the annual Law Enforcement Community Holiday Reception.

  THIS WEEK IN CONGRESS

Action in the House

The House of Representatives considered and passed, H.R. 2 the “Agriculture Improvement Act,” on a 369-47 vote. This legislation served as the vehicle for H.R. 909/ S. 322, the “Pet and Women’s Safety (PAWS) Act,” which the FOP supports. This bill now goes to the President for his signature.

The House of Representatives considered and passed H.R. 7213, the “Countering Weapons of Mass Destruction Act” without objection and now goes to the Senate for further review.

Action in the Senate

The Senate considered and passed H.R. 2, the “Agriculture Improvement Act” on a 87-13 vote. The bill was sent to the House of Representatives for further action. (See above for more information)

Senators Charles E. Grassley (R-IA) and Richard J. Durbin (D-IL) introduced  S. 3747, a new and revised version of the “First Step Act.” The FOP, working jointly with the IACP, Members of the Senate and officials at The White House, supported several measures to improve the draft. The Senate will consider the measure next week by folding this bill into S. 756, an unrelated bill that will serve as a vehicle for the measure.

The Senate considered and passed S. 2961, the “Victims of Childhood Abuse Reauthorization Act,” by unanimous consent. The bill now goes to the Senate for further consideration. The FOP supports this legislation.

Action in Senate Committees

The Senate Committee on Indian Affairs held an oversight hearing entitled: “Missing and Murdered: Confronting the Silent Crisis in Indian Country.”

The Senate Committee on the Judiciary held a hearing entitled: “Narcos: Transnational Cartels and Border Security.”

UPDATE ON TOP LEGISLATIVE PRIORITIES

For the complete list of cosponsors for all of our top legislative priorities, or to find out if your Representative and Senators are cosponsors of specific bills, check out https://www.congress.gov/

Support H.R. 1205/S. 915, the “Social Security Fairness Act”

One additional lawmaker has co-sponsored H.R. 1205, bringing our total to 195.

We have 27 co-sponsors on S. 915.

Support the H.R. 964/S. 424, the “Law Enforcement Officers’ Equity Act”

We have 51 co-sponsors on H.R 964.One additional lawmaker has co-sponsored S. 424, bringing our total to 7.

Support H.R. 4846/ S. 2845, the “Public Safety Employer-Employee Cooperation Act”

We have 58 co-sponsors on H.R. 4846.

We have 7 co-sponsors on S. 2845.

Support the National FOP PAC

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If you want more information on the PAC or want to sign up for a $5.00 monthly recurring contribution, please email scott.marks@fop.net or call (202)547-8189.

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