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LEGAL NEWS

Mike Napier Saves Officer’s Career

APA attorney, Mike Napier, was able to overturn the dismissal of a Phoenix police officer. The Phoenix Civil Service Board rejected the most serious allegations brought by the department and adopted the hearing officer’s report. In his report, the hearing officer was critical of the investigation and the objectivity of the investigator.

Mike Napier has over thirty years of experience representing law enforcement officers in all their legal needs. When you need assistance, there is only one place to look. More>>>>>

Success at Law Enforcement Merit System Council

Jan Feltz, an attorney in Mike Napier’s office, reversed the demotion of a DPS sergeant at a three-day hearing. The Counsel recognized that the conduct attributed to the employee resulted more from a policy failure and staff vacancy than inefficiency on the part of the demoted sergeant.

With Mike Napier’s experience and staff of highly competent attorneys, he offers the best representation for Arizona law enforcement officers.

Law Offices of Michael Napier Defend Officer in Accident

Janet Feltz, an attorney in the Law Offices of Michael Napier, recently represented a Maricopa County Sheriff’s deputy in a civil traffic matter before the San Tan Justice Court. More>>>>>

LDF Wins Another Acquittal for Police Officer

It was Billings, Montana on Christmas Eve 2004, when eight-year veteran of the police department, Officer Greg Jacobs, riding with a partner, was called to a home on a domestic disturbance call; they had been there before. They walked in on a donnybrook situation-- two generations, men and women, physical altercations, lots of alcohol, probably meth as well. More>>>>>

Michael Napier’s Office Saves Another Career

Jan Feltz, an attorney in the Law Offices of Michael Napier, prevailed before the Arizona Law Enforcement Merit System Council and reversed the dismissal of a former Department of Public Safety laboratory employee. In its decision, the Council found that the Department of Public Safety failed to prove the allegation of untruthfulness against the sixteen year employee. More>>>>>


PLEA Wins Unfair Labor Charge Against City
The Phoenix Employment Relations Board (PERB) has ordered that the City of Phoenix and the Phoenix Police Department “cease and desist from interfering with public employee rights.”
More>>>>>


Law Office of Michael Napier Successfully Defends Officer
The Law Offices of Michael Napier defended an officer in a civil suit brought for an off-duty automobile transaction.
More>>>>>

Pension Victory for APA Legal Team
The Law Offices of Michael Napier have won another victory for public safety by reversing the ruling of the Guadalupe Public Safety Pension Board.
More>>>>>

Legal Victory for Suspended Officer
Attorney Jan Feltz with the Law Offices of Michael Napier successfully reduced the discipline of an officer accused of inappropriately discussing an upcoming transfer examination.
More>>>>>

Jury awards $200,000 to former Detroit Officer Who Was Demoted And Suspended After Complaining To Media About Promotions
From The Detroit Free Press, February 2

A federal jury awarded $200,000 in damages Wednesday to a former Detroit police spokesman who said his career was ruined in a dispute with former Police Chief Jerry Oliver [and former Phoenix Police Assistant Chief].U.S. More>>>>>


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Police Angle
 
 

 

 

©2008 Arizona Police Association
info@azpolice.org
page last updated 01/23/2008


site by
 independent webmaster richard donley fox

 


Understanding and Addressing
Immigration’s Impact on
Arizona Public Safety

August 25-27, 2008

Illegal immigration is a complex issue with social, economic and legal aspects that challenge public safety efforts throughout Arizona and our nation. This training conference has been designed to assist local and federal public safety personnel - including police, fire, corrections, border patrol, city/county prosecutors, and city/ department management employees involved in public safety and homeland defense..

[To Register one or two ($349.00 each)] 

[To Register three or more ($299.00 each)

[To Make Hotel Reservations]

[Information Brochure]


Past FOP President Will Aid in Prosecution of Border Patrol Agent

According to a November 9, 2007 report in the Arizona Republic, past president of the Arizona Fraternal Order of Police Lee Rappelyea will be on the prosecution’s team as Cochise County continues its prosecution of US Border Patrol Agent Nick Corbett. Rappelyea who served as president of the Arizona State Lodge and Phoenix Lodge 2 of the Fraternal Order of Police has been retained as a private investigator in this prosecution.

Agent Corbett was charged with murder even though he claims that he acted in self-defense after confronting a group of illegal aliens in Southern Arizona. Brandon Judd, vice president of Arizona Chapter of the National Border Patrol Council, Local 2544, has referred to this case as a “one-sided” investigation and accused Cochise County of allowing the Mexican Consulate to influence its actions. The Border Patrol union is standing behind it member.

An article on the website for Local 2544 says it all: “An Innocent Man Being Railroaded by the Mexican Government, with the Full Cooperation of the Cochise County Sheriff's Department and the Cochise County Attorney's Office.”


New APA Executive Officers and Committee Chairs

The Arizona Police Association has announced its new Executive Officers and Committee Chairs for the years 2007-2009. They will be:

President – Jimmy Chavez, Associated Highway Patrolmen of Arizona

Vice President – Julie Shelley, Mesa Police Association

Secretary – Mark Hafkey, Phoenix Police Sergeants & Lieutenants Association

Treasurer – Mark Spencer, Phoenix Law Enforcement Association

Legislative Committee Chairman
       Jimmy Chavez - Associated Highway Patrolmen of Arizona

Research Committee Chairman
       John Carbone – Chandler Law Enforcement Association

Disciplinary and Grievance Committee Chairman
       Mark Spencer – Phoenix Law Enforcement Association

Organizational Assistance Committee Chairwoman
       Julie Shelley – Mesa Police Association

Publications, Training & Seminar Committee Chairman
       Mark Hafkey – Phoenix Police Sergeants & Lieutenants Association

The new officers and chairs take office on September 1, 2007, and will lead the APA in the direction set by the Board. Congratulations to the new officers.

 


Succeeding Together

By Dale F. Norris, Executive Director
Arizona Police Association

For the past two years, I have been privileged to be the voice of Arizona law enforcement at the Capitol. I’ve written legislation, found sponsors, testified in committees, fought with opponents and won over supporters, but I wasn’t alone. These efforts were supported by the many APA directors that answered the calls to attend meeting, hearings and send e-mails. Andy Swann from the Associated Highway Patrolmen of Arizona, an APA member group, was key in winning support for many of our bills. Eileen Sigmund, Kelsey Lundy, Nicole LaSlavic and Mike Williams, our paid lobbyists, keep the APA’s legislative agenda moving when our opponents try to stall it.

Even recognizing our success, You must examine your losses. If you fail to confront your reasons for losing, you will have to be satisfied with what you have and make excuses for the things you don’t have. When it comes to the lives and prosperity of law enforcement officers, neither of these choices is satisfactory to me. It’s easy to tout your victories and hope nobody calls you on your losses. The harder task is to confront your losses, learn from them, find a winning strategy and come back again.

The Arizona Police Association has been incredibly successful at the legislature over the past two years. Here’s a tally of our accomplishments.

2006 Legislature:
Addition of rank-and-file representation on the Police Memorial Board; (HB2229)
Obtaining a special license plate to benefit Concerns of Police Survivors; (HB2727)
Civil immunity for injuries to felons during arrest; (SB1072)
Association right to attorney fees for wrongful discipline; (SB1165)
Electronic monitoring of sex offenders; (HB2045)
Increased fines for speeding in school zones; (HB2615)
Burden of proof in police use of force on the state not the officer; (SB1145) and
Defeated attempts to end Deferred Retirement Option Plan. (DROP).

2007 Legislature:
Right to notice of investigation prior to internal interview; (HB2209)
Employer paid cancer insurance for peace officers; (HB2268)
Right for officers to be armed on or off duty; (HB2457)
Ability for officers to obtain emergency department alcohol reports on DUIs; (SB1015)
Extreme DUIs to serve full jail sentence; (SB1252)
Increase punishment for DUIs at or above .20 % BAC; (SB1029)
Interlock devises required for all DUIs; (SB1029)
Time in jail and on probation excluded from time to aggravate DUI; (SB1229)
Teenage Driving Act; (HB2033) and
Statute of limitation on civil violations extended to one-year in fatal accidents; (SB1131)

I am proud of these successes, but it is important to discuss our failures. Both in 2006 and 2007, we failed to reform the county law enforcement merit systems to provide officers a fair chance to appeal their discipline. In both years, the opposition to these bills was led by the sheriffs.

Although most legislators saw the fairness and logic in our proposals, the sheriffs used their political clout to kill the bills. Last year, the bill’s sponsor, Sen. John Huppenthal, would not move forward unless we could come to an agreement with the sheriffs, but a compromise was not possible on this issue. To his credit, Sen. Huppenthal has had many accomplishments through his collaborative style; however, this is an issue that requires legislators to choose sides; not an easy task for politicians.

This year, our sponsors Sens. Thayer Verschoor and Linda Gray fought hard, but in the end, the bill succumbed to unsympathetic legislative leaders. Sen. Jack Harper (Chairman Senate Government Committee) did not hear the bill in his committee and the Speaker of the House Jim Weiers told the Senate sponsors that he would not give the bill a hearing in the House.

We have learned from this battle and now must devise a winning strategy. The choices are these, work for and elect legislators who understand the inherent fairness of our positions, or take it to the people. Neither solution is easy and will require us to commit our money and time. The APA will continue its pursuit of this critical change, and we will succeed.

In 2007, the APA began to examine the internal pressures that create stress in the life of a peace officer and the employment conditions that will attract more applicants without lowering standards. We dipped our toe in the legislative waters with bills that would have created a balanced POST Board, allow officers to have confidential communications with peer counselors and permit legal representation during internal investigations.

Even though we’re months away from the 2008 legislative session we have begun our preparations. As always, we want to hear from the men and women working on the streets. What are your ideas, what’s working and what’s not working. The APA Board will meet to discuss our 2008 legislative priorities over the coming months. If you wish, send me you ideas at director@azpolice.org. I don’t guarantee results only my best effort. I don’t make excuses, I just fight harder.

During this process, we will be aware of the legislators who support us with an eye to the 2008 elections. Success at the legislature has a direct correlation to our support of good, honest and law enforcement minded candidates. The support of every Arizona peace officer is needed to make a change. Get involved!

Thank you for allowing me to be your voice. I will be mindful of the responsibility that accompanies this honor and represent you in a manner consistent with the APA’s motto:

Duty. Honor.
 


The Public Safety Personnel Retirement System
and
The MJM Group of Merrill Lynch
Present:
“Question and Answer Round Table Sessions”

Question and Answer Round Table Sessions are free, educational and directed at answering questions of the Public Safety Personnel Retirement System (PSPRS) members relating to PSPRS, those retiring and considering retirement and those interested in Financial Planning and the process used in Financial Planning.

Presented by: Public Safety Personnel Retirement System Staff1
Tom Jonovich; Jeff Munster; Kathy Mark, Merrill Lynch - MJM Group

1 PSPRS does not recommend or endorse, Tom Jonovich, Jeff Munster, Kathy Mark, Merrill Lynch or the MJM Group.

TO REGISTER FOR SESSIONS AT THE PLEA OFFICE:
Call: The PLEA Office
1102 West Adams
Phoenix, Arizona 85007
602-246-7869

TO REGISTER FOR OTHER SESSIONS:
Call: Kris Gibson @ Merrill Lynch
2555 East Camelback Road, Suite 900
Phoenix, Arizona 85016
Local: 602-954-5057
Toll Free: 1-800-872-1372

PLEASE DO NOT CONTACT (PSPRS) TO REGISTER!

2007 Seminar Calendar


Police Officer J. Tregre, PLEA President Jake Jacobsen and APA President Joe Shelley listen as Senator Jon Kyl dedicates
the Run to Remember Banner.

Names of Fallen Officers Added to Banner

On Saturday, December 16, 2006, Senator Jon Kyl presided over a ceremony to hand the Run to Remember banner that has the names of all 272 Arizona peace officer killed in the line of duty. A friend of law enforcement and supporter of the federal death benefit for survivors, Senator Kyl spoke about the sacrifices made by the 272 and the families whose lives are forever changed.

The names of Border Patrol Senior Agents Nicholas Greenig and David Webb, Gilbert Police Officer Robert Targosz, and Tempe Police Officer Kevin Weeks were added to the banner.

Family, friends and agency representatives were on hand to pay their respects as the banner was hung from the roof of the Arizona Federal Credit Union at 44th Street and Van Buren. The ceremony kicks off the countdown to the 3rd Annual Run to Remember, which will be held on Sunday, January 21st, 2007.

The charity run creates community awareness of the losses suffered by the families of fallen officers and raises funds to send these families to memorial events occurring during Police Week in May of each year. Information about the Run to Remember or Police Week events is available from the Arizona Concerns of Police Survivors.



APA and AzCOPS Meet To Discuss 2007 Legislative Agenda

For the second year in a row, the Arizona Police Association and the Arizona Conference of Police and Sheriffs met to discuss and coordinate their legislative efforts. Collectively representing 14,000 rank-and-file law enforcement officers, the two associations realize their combined efforts will result in positive changes for the working men and women of law enforcement and provide clout to the legislative efforts of each individual association.

Arizona Conference of Police and Sheriffs and the Arizona Police Association remain committed to working together for improvements in laws that protect the citizens of this state while making law enforcement a career that will attract the best and brightest. Recognizing that united they are stronger, Arizona’s two law enforcement labor groups will work together on common legislation and support the individual legislative efforts of each association.

During the joint legislative conference, APA and AzCOPS met with Governor Janet Napolitano to discuss critical issues facing law enforcement.

 

Front row (from left): Lu Ebratt, Arizona Probation Officers Assoc.; Jim Lahti, Gilbert Police Leadership Assoc.; Governor Janet Napolitano; John Carbone, Chandler Law Enforcement Assoc.; John Stair, Arizona Probation Officers Assoc., Tim Clark, AzCOPS. Back Row (from left): Dale Norris, APA; Martin Bihn, AzCOPS; Jim Parks, Tucson Police Officers Assoc. (AzCOPS President); Joe Shelly, Mesa Police Association (APA President); Danny Thomas, Arizona Liquor Police Officers Assoc.; Mark Hafkey, Phoenix Police Sergeants & Lieutenants Assoc.; Bryan Hall, Tempe Officers Assoc.; Tracy Hubbartt, Arizona Correctional Peace Officers Assoc.; Charles Summers, University & College Law Enforcement Assoc.


APA President Promoted

APA President Joe Shelley has been promoted to the rank of lieutenant with the Mesa Police Department. For some time, the APA has known about Joe as a leader, but now the Mesa Police Department has discovered his skills.

Although Lieutenant Shelley will remain President of the APA, Fabian Cota will take over the reins of the Mesa Police Association (MPA). The MPA is a flagship organization of the APA and has continually set the standard for police associations in this state. The officers in Mesa are lucky to have an organization with leaders such as Joe, but even luckier to have one with such depth of talent.

Good luck Joe, and congratulations go to the Mesa Police Department for discovering the leader we have known about for years. Congratulations to new MPA President Fabian Cota.


Arizona Police Association Recognizes Senator Verschoor
and Representative Farnsworth as Best Law Makers

On June 28, 2006, Mesa Police Association President Joe Shelley and Gilbert Police Leadership Association President Jim Lahti, presented Arizona State Senator Thayer Verschoor and Arizona State Representative Eddie Farnsworth with the Arizona Police Association’s 2006 Legislative Hero Awards (See Photo). Given to a member of the Arizona Senate and Arizona House of Representatives, the Legislative Hero Award recognizes the legislator from each body that has stood out in his commitment to improving the lives and working conditions of the men and women of law enforcement.

Additionally, the Arizona Police Association has endorsed the reelection efforts of Senator Verschoor and Representative Farnsworth and hope the citizens of Legislative District 22 will send them back to the State House. They have served their constituents well while watching out for the brave men and women standing on the Thin Blue Line_________


Dispute In Chicago FOP Ends Up In Court
From The Chicago Sun-Times, May 22

CHICAGO, IL – Two former Fraternal Order of Police members have sued the union, claiming they were kicked out for speaking to the Chicago Sun-Times and another newspaper about underreported salaries in the union's 2003 charitable organization report to the state.

Chicago Police Officers Shawn Hallinan and Wayne Harej said they also were given the boot because of their unsuccessful run for office against President Mark Donahue and his slate last year. Their criticism of Donahue's contract negotiations was a factor, too, the suit said. Hallinan, an FOP trustee, and Harej, a union representative, were expelled Sept. 6.

They're asking for reinstatement to the FOP and monetary damages, arguing their free-speech rights were violated and they've been unfairly barred from participating in collective bargaining. The FOP referred questions to an attorney who didn't return a call.

In 2004, Harej complained internally to the FOP that Donahue underreported his salary to the attorney general's office, the lawsuit said. Later, Harej and Hallinan took their complaints to the attorney general and the newspapers, which published stories.

The original report listed Donahue's 2003 salary as $53,018, in-house attorney Thomas Pleines' as $103,938 and in-house attorney Paul Geiger's as $76,713.

After the complaints, the FOP amended its report to show Donahue's salary really was $142,742, Pleines' was $146,643 and Geiger's was $101,058.

In January, the FOP said it would no longer file charitable organization reports because it stopped holding fund-raisers for educational scholarships, said Melissa Merz, a spokeswoman for the attorney general. The attorney general's office did not penalize the FOP for underreporting the salaries, Merz said.


153 Law Enforcement Officers Killed in 2005

The figures compiled by the National Law Enforcement Officers Memorial Fund show that 153 law enforcement officers dies in the line of duty during 2005. Of that number 60 were killed in shootings, 47 in auto and motorcycle accidents, 21 during a physical confrontation, 15 struck by vehicles, 3 in falls, 2 in aircraft accidents, 2 by drowning, 1 in a bomb explosion, 1 by stabbing, and 1 struck by a train.

In 2005, an officer died every-other day. 144 of these deaths were by state and local officers while 9 federal officers were killed during 2005. Each of these officers will be recognized at the Candlelight Vigil at the Law Enforcement Officers Memorial in Washington, D.C. on May 18, 2006.

Details of the ceremony may be found at www.nleomf.com.


Beware of Telephone Scam

Twice this month, the Arizona Police Association (APA) has been contacted by concerned citizen about telephone solicitors claiming to represent the APA. The Arizona Police Association neither participates in telephone solicitations, nor does it allow the use of its name in any telephone fund raising efforts. The APA is a statewide coalition of police organizations that focuses the political efforts of its nineteen member groups that represent nearly 7,000 federal, state, county and local peace officers.

Executive Director Dale Norris, states, “The APA knows that Arizona’s citizens support law enforcement officers and are willing to give their hard earned money to help us, but our by-laws prohibit telephone solicitation.” Mr. Norris, a retired Phoenix police officer, states that the APA’s activities are completely funded by dues, and asks that any person receiving a call from a telephone solicitor claiming to represent the APA report it to their local law enforcement agency.

Mr. Norris said, “We must maintain the trust and support of the community to be effective law enforcement professionals, and when these scam artists use our good name, it hurts us all.” He went on to state that fund raisers usually take a large percentage of the money donated through telephone solicitations, so “if you were inclined to give, send a check directly to your favorite charity, and they’ll put it to good use.”

Telephone solicitations for charitable organizations are not subject to the same laws and rules as those selling merchandise. Maybe its time for a change.


Boycott of Cop Killer Video Game

The video game "25 To Life" is due out in stores this month.  The game includes scenes that allow players to kill law enforcement officers.  The National Law Enforcement Officers Memorial Fund is putting together an online petition to boycott this game.

Please, go to their website and please sign the petition.  Additionally, pass along this information to your family and friends.

National Law Enforcement Memorial Fund website


Survivors Helping Survivors

Lisa Shultz and Alissa Scott know what they’re talking about when they discuss the trials and tribulations of a surviving spouse. Phoenix Police Officer Don Schultz lost his life in 2004 and Phoenix Police Officer Wayne Scott was killed on his police motorcycle in 2002.

Lisa and Alissa were immediately comforted by their families and the larger police family at the time of their husbands’ deaths; however, many needs were unfilled and continued long after the news coverage ceased. Many day-to-day issues, like who mows the lawn and cleans the pool, went unanswered.

Lisa and Alissa have created the Survivor Help Network to provide immediate help to surviving families, but importantly, they know the importance of having continuing help for the months and years that follow.

They have obtained sponsorships from A & F West Water Heater and Spa Service, Inc., Alyssa's Jewelers Workbench, Childress Buick, Circle K, Complete Pool Care, Critter Care, Dean's Mailing and List Services, Fry's Food Stores, Gail Harper, Gauthier Classic Charitable Foundation, Ideal Touch Cleaning, Newcomb Cleaning, Past Survivors, Denise Pias Remax Realty, Qwest, Taser Foundation, Taser International, U.P.S. Store in Cave Creek, Ben Garrett USA Realty.

These sponsors provide both money and services that assist the survivors of police officers on an immediate and ongoing basis. The website for Survivor Help Network states that the overall goal is “to assist surviving families with day to day needs providing relief of household concerns, enabling the families to better deal with their loss.” Who should know better about their needs than these two women?

Lisa and Alissa ask that you support their sponsors. If you know of any family in need, any sponsor interested in participating, or you just want to help, visit the Survivor Help Network website at www.survivorhelpnetwork.org or e-mail Lisa Schultz or Alissa Scott.


Nashville Police Oust FOP

From The Tennessean, February 9

NASHVILLE, TN – Metro police officers yesterday selected the International Brotherhood of Teamsters as their union with 61% of the vote, ending almost 28 years of representation by the Fraternal Order of Police.

According to last night's unofficial tally, the Teamsters won a 633-407 victory, with about 83% of the nearly 1,250-member police force voting.

Fifteen absentee ballots were not included, but officials handling the election said they were insignificant because the vote was not close. Metro's director of human resources has five days to certify the results.

The two groups have been fighting to represent Metro police officers since the summer of 2004. Both organizations said the most important task would be getting all Metro officers on the same side now that the fight is over.

"The vote totals do show that the police department is still deeply divided," said Brock Parks, executive director of the FOP's Nashville chapter.

"But the most important thing is that, even if we can't agree on representation, we have an agreement on the issues ... The Teamsters have had two years to stand outside, and now it's up to them to make good on their promises."

In September 2004, the FOP beat the Teamsters by just 16 votes to remain as police union. A vote this past December to decertify the FOP allowed the Teamsters to request yesterday's election.

Metro's recently elected FOP president, Tim Weaver, said his group would remain active in local police issues. The organization's national headquarters is here.

"We're the FOP and we're not going anywhere," Weaver said. "The Teamsters just came in, and they could go out just as fast."

The FOP filed a lawsuit last year attempting to stop the decertification vote, citing a memorandum of understanding with the city that they said entitled them to exclusive bargaining rights with Metro for three years.

Parks said the FOP probably would drop that case.

"We'll take a look still at the lawsuit, but at this point I don't see any benefit to pursuing it," he said.

Teamsters spokesman Jesse Case said he was hopeful that his group could sit down with the FOP and work jointly for improvements at the department.

The FOP's local lodge has a membership of about 1,400, and FOP officials say roughly 900 are current Metro officers.

"The best scenario is for both organizations to work toward the same goal — a stronger voice for officers and improved morale," Case said.

Throughout the campaign, the Teamsters had claimed they could provide a tougher bargaining voice. The FOP stood behind its "police representing police" approach as the most effective.

Lt. Calvin Hullett, a former FOP president and a catalyst in the Teamsters push, said the police administration gave the FOP so much resistance that it was hard to get anything done.

He said he didn't expect the Teamsters to have the same problem.

"Without the support and leadership behind us, we couldn't act like a union, so it was time to move to one," Hullett said.

"What this really is is a referendum on (Police Chief Ronal) Serpas."


Border Agents Becoming Targets of Violence Along Rio Grande

January 29, 2006 Border Patrol agents have increasingly become targets of unknown snipers along the banks of the meandering Rio Grande. More>>>