Arizona Police Association
We Respond - Radio Message
APA Attends Inauguration Ceremony
Arizona Police Association Executive Director Brian Livingston was invited by the governor’s office to attend Arizona’s inauguration ceremony yesterday.
Prior to the ceremony our Executive Director had discussions with several dignitaries to include, but certainly not limited to, Maricopa County Sheriff Joe Arpaio and Maricopa County Attorney Bill Montgomery.
Following the inauguration ceremonies PLEA President Mark Spencer and Executive Director Livingston congratulate and share some best wishes with Governor Brewer.
The APA would like to thank the Governor’s Office for their thoughtful invitation.
The APA achieved significant success in November 2, 2010 elections.
In the national races the APA made 9 endorsements with 5 gaining election.
(National endorsements were made by the APA Board of Directors)
In the statewide races the APA made 6 endorsements with 5 gaining election.
(Arizona statewide race endorsements above made by the APA Board of Directors)
In the Arizona Legislature the APA endorsed 66 candidates with 54 gaining election.
(Arizona Legislative endorsements were made by the APA Executive Director)
Once again the APA has proven its prominence in the state wide and legislative candidate selection process.
The APA wishes to congratulate all winners in yesterday's election and looks forward to working with them for the betterment of Arizona.
Arizona Police Association addresses Police Pension Issue before the Arizona Senate Finance Committee
APA Fights to Support PSPRS and CORP
APA Executive Director Brian Livingston and PLEA lobbyist Dr. Levi Bolton provided testimony in the Arizona House of Representatives last Thursday aimed at protecting the public pension system in Arizona. Included in these remarks were shocking revelations regarding mismanagement of the PSPRS fund and the loss of $1.6 billion in fund revenue.
SB 1609: Plan Modifications
Plan changes go into effect on 07/20/2011 unless otherwise stated.
click here to download this document >>>
SB 1609: Plan Modifications
Correction Officers Retirement Plan
Plan changes go into effect on 07/20/2011 unless otherwise stated.
click here to download this document >>>
SB 1609 Revisited by Lawmakers Starting Today
Last legislative session SB 1609 was passed and later signed into law by the Governor. This bill, as you may remember, significantly changed the state’s public employee retirement system and our member’s benefit packages. Starting today the last segment of this bill awaiting action will be initiated. This segment calls for a Study Committee to meet and study several elements of the various state retirement systems.
Click here to download and read the whole document >>>
When Politics Interferes….. (Part 2)
The criminal and administrative investigations surrounding the Michael Johnson and Officer Authement incident are now complete. The investigations and the evidence obtained by local and federal authorities have been made visible for all to see. Statements made by victims, witnesses and potential suspects are available for public review and scrutiny. And in the end what did we discover? Phoenix Police Officer Brian Authement did not act outside of his authority when confronting and handcuffing Phoenix City Councilman Michael Johnson. Officer Brian Authement is not a racist nor does he portray the attributes of such a person. He did not act as a racist cop when he took appropriate action on the day in question. In the final act of this incident it was determined that neither party should be subjected to major discipline or punitive criminal action. Justice has finally prevailed or has it?
Click here to read the whole document >>>
“Bustin Perps & Fighting Cancer”
Benefitting Tempe Police Detective Tim Barber
Thursday, August 25th
Click here to download a flyer with more details
U.S. Border Patrol Agents Hector Clark and Eduardo Rojas will be laid to rest on Friday. A memorial service is planned to begin on Friday at 1 pm at the Yuma Civic Center. (1440 West Desert Hills Drive, Yuma, Arizona 85365) The public is invited to intended.
U.S. Border Patrol Agents Edward Rojas (35) and Hector Clark were killed this morning while actively pursuing drug smugglers in the Gila Bend Area.
The agents apparently were crossing a set of railroad tracks when the vehicle they were riding in was struck by a freight train. One officer (unidentified) died at the scene and the other died later today.
Located near the scene were large packages (backpack style) of marijuana.
The APA wishes to extend its condolences to members of the U.S. Border Patrol family. The APA will post funeral and memorial service arrangements as soon as they become available.
Associations and members wishing to donate money to the families of the fallen officers in Buckeye
Are requested to send their checks to the Buckeye Police Department c/o Det. Joe Kirby. He will get it to the family.
Buckeye Police Department
ATTN: Det. Joe Kirby
100 N Apache Rd.
Buckeye AZ. 85326
Law Enforcement Officers Now Have Whistleblower Protection
Today’s signing of SB 1235 into law by Governor Jan Brewer signaled a new day for law enforcement officers throughout the state. A late amendment to this bill provides that a law enforcement officer from municipalities can be protected under the state’s whistleblower law from disciplinary action by their department or city personnel director should they disclose information related to a violation of law or a gross waste of money or an abuse of authority by their employer.
In the past reporting such incidents could land the employee in serious hot water and could subject the employee to disciplinary action by the employer. With the signing of this bill officers who make such a report and who are subsequently disciplined by their employer make seek redress through their city or town personnel board.
This amendment was sought by the Phoenix Law Enforcement Association (PLEA) due to recent actions by City of Phoenix Police management personnel against members of their association who were targeted by retaliation for disclosing bad business practices. The provision takes effect on June 20th.
APA Representatives at the U.S. Supreme Court Hearing on Employer Sanctions
The APA was in the court room when oral arguments were presented to the Justices of the U.S. Supreme Court in support of and against Arizona’s employer sanctions law.
APA Executive Director Brian Livingston and Dr. Levi Bolton (PLEA) were permitted to sit on the floor of the high court while the Justices were hearing the arguments.
The court took to task the plaintiff’s attorneys in this case and it appeared the majority of the Justices were not persuaded by the plaintiff’s argument against the law and were leaning towards supporting Arizona’s position. When Arizona presented its case all appeared to be going well until the last three minutes of their presentation. At this point the attorney representing Arizona appeared to give away a position within the law regarding the penalties imposed for non-compliance. But after this nearly fatal stance one Justice on the court told her not to give away the state’s position so easily. With his assistance the matter was once again debated and a positive ending soon followed.
It was clear in this observer’s opinion that the Justices are already clearly divided on this law. The democratic appointed Justices are clearly against the law while the republican appointees are more comfortable with it. Oral arguments lasted for a little over one hour at which time the justices took control of the matter. A decision is not expect until early next spring.
Observers in the foyer, after the hearing, appeared to be equally divided on the issues surrounding the case. Listening to their conversations it was clear they believe many aspects of the licensing provisions within the law are constitutional and will withstand the scrutiny of the court.
APA Representatives Meet with Members of Arizona’s Congressional Delegation
Rep. Gabrielle Giffords
The Arizona Police Association’s Executive Director Brian Livingston and Dr. Levi Bolton (PLEA) traveled to Washington D.C. last week to meet with members of Arizona’s Congressional delegation.
Sen. Jon Kyl’s Legislative Correspondent Ms. Eva Arlia
At these meetings they discussed COPS program funding and the need for a national labor relations bill that would include those police officers who work in “right to work” states such as Arizona. The current national labor relations bill was also discussed, though limitedly, because of its recent cloture vote defeat in the U.S. senate. This bill would not have positively affected Arizona’s Police officers because of a provision within the bill that specifically exempts right to work states from the bill’s requirements.
APA Executive Director Brian Livingston, Mr. Doug Gascon, a representative of Congressman Ed Pastor, Dr. Levi Bolton (PLEA)
Another issue of importance to APA members is the continued full funding of the COPS program. Like so many other federal programs funding for the COPS program has been severely cut due to current economic conditions. The APA believes that the restoration of this funding vital to the long term interests of APA member associations.
Ms. Colleen Gilbert the Senior Legislative Assistant to Rep. Jeff Flake.
Working beyond these topics the APA discussed our desire to develop even stronger business partnerships with the members of the congressional delegation. Building on our already strong personal relationship with our state’s national delegation the APA hopes to bring vital and unfiltered information to the very doorsteps of our national leaders.
What cannot be overlooked is the willingness of our national leaders to meet with us without the usual meeting schedule protocols. Members of our national delegation arranged for these meetings on very short notice which clearly illustrates their concern for and their interest in Arizona’s law enforcement, corrections and border patrol communities.
Law Enforcement Association Leaders Unite in Purpose
All the major police associations/groups in Arizona met yesterday to discuss the status of PSPRS and to review the legislative proposal submitted by the PSPRS governing board. In strong solidarity statement, all associations and groups present voiced their opposition to the submitted set of proposals and committed their resources to defeating the proposals should they become a legislative proposal during the next session of the Arizona legislature.
Conditionally adopted by these law enforcement leaders was a set of baseline proposals that would fundamentally change the pension system for future public safety personnel. When these proposals are finalized and adopted by the group they will be presented to the PSPRS governing board for consideration and adoption. Failure of the board to entertain and adopt these proposals could result in these law enforcement leaders proposing these changes directly to the Arizona Legislature during the upcoming session.
Attending this meeting were leaders from Arizona Police Association (APA), Arizona Council of Police and Sheriffs (AZCOPS), Arizona State Fraternal Order of Police (AZFOP), Arizona Highway Patrol Association (AHPA), Mesa Police Association (MPA), Phoenix Law Enforcement Association (PLEA), Phoenix Police Sergeants and Lieutenants Association (PPSLA), Association of Retired Phoenix Police Officers and other invited guests.
U.S. Customs and Border Patrol Agent Brian A. Terry
The National Border Patrol Council # 2544, an APA affiliate, lost one its members in a shootout near Rio Rico on Tuesday. U.S. Customs and Border Patrol Agent Brian A. Terry was killed when he and other officers confronted armed individuals in a remote area outside of Rio Rico, Arizona.
“Once again, one of our nations finest has made the ultimate sacrifice to secure our freedoms and protect our nation. Such dedication and service will forever be remembered within the ranks of this association,” says APA Executive Director Brian Livingston.
All APA affiliate associations wish to extend to Agent Terry’s family our deepest sympathy.
Corrections Director Talks Straight on Prison Escape last Summer
The Arizona Department of Corrections Director Chuck Ryan talked facts when he met with the media recently about the prison escape last summer near Kingman. The director, to is credit, did not mix words about who he felt was responsible for the escape and what action he has taken to correct the serious deficiencies he uncovered during his subsequent investigation. The director's candid, to the point, straight talk is appreciated by this association.
Video courtesy Channel 3
Will the Arizona Bar Investigate?
Yesterday a hearing was held to determine whether or not a Phoenix Police Officer should keep his job because of the action he took during an altercation in South Phoenix.
Such hearings are not unique in the law enforcement world but what was testified to in court does raise some significant questions about how the Maricopa County Attorney’s Office handles police use of force investigations.
In testimony a Phoenix Police Officer, under oath, testified that the Form IV (a document used to highlight the reason/s why and on what charges a person is being arrested) was prepared under the direct supervision of a deputy county attorney. Further he states this same county attorney (unnamed) actually told the author of the document what to write on the Form IV.
Why is this alarming? County attorneys and the courts use the Form IV as basis to set bond for defendants and to further prosecutorial steps. In this case the investigation and the Form IV in question were undoubtedly used by prosecutors in Grand Jury testimony to obtain an indictment against the officer. Additionally, information from the Form IV was provided to the press by the current Maricopa County Attorney to illustrate his belief that a criminal act was perpetrated by the police officer.
The APA has to question the ethics of the county attorney’s office (under the soon to be past administration) as the result of this case. When a county attorney dictates what is to be written on an official police case document and then reviews the same document to determine their position on further prosecution a clear conflict of interest takes place. It is the county attorney who is supposed to review police arrest documents and criminal reports to determine whether sufficient probable cause exists to continue with criminal arrests and prosecutions. If they write, directly or indirectly, the documents that eventual makes the case for or assists in the determination of probable cause, what happens to a defendant’s expectation of an unbiased critical review process?
The APA believes this entire incident should be reviewed by the Arizona Bar. Such an action by the Maricopa County Attorney’s Office should be the source of great concern for every citizen in the county who believes that an unbiased criminal justice system is vital to our form of government.
Watch the proceedings: (As reported by CBS TV5 and posted on YouTube)
The APA wishes to thank the following sponsors for making our annual conference a huge success:
Redflex Traffic Systems
Galloway Asset Management, LLC
Geocris Global Security Solutions
The APA wishes to express our deepest sympathy to the members of the Phoenix Police Department over the loss of their brother officer.
The APA will withhold the name of the fallen officer and the details surrounding the incident until all personal and professional notifications have been completed.
Workshop Invitation: Retirement Income Made Simple
Click here for a flyer and details >>>
Local Association Report
Mesa Police Association Winner in Meet and Confer Election
Mesa, AZ - The Mesa City Clerk's office confirmed today by email that the Mesa Police Association (MPA) has preliminarily been confirmed as the winner of the police department's Meet and Confer election. The City Manager's office is expected to validate the election October 18th, 2010.
There were 736 eligible voters and exactly 481 total ballots were tabulated.
"The 65.35% turn-out was gratifying. We are thankful to the front-line Mesa Officers who voted for the MPA," states Fabian Cota, President of MPA. "We are also appreciative to the Mayor and City Council for the wisdom and courage to put forth a process that truly does benefit the taxpayers and citizens of Mesa."
The City of Mesa has been one of the last major cities to have their police employees enter into this process. "Meet and Confer" is a process that ensures communication and issues are addressed between all levels of the city of Mesa. MPA has been preparing for the process since 1989, and has the assistance of other major cities and police associations throughout the nation. "This system is tried and proven," adds Cota. "We are able to take from the best of what other cities already have in place. It saves Mesa taxpayers money while putting forward the best police services and protection possible. The process has helped identify budget saving measures
and preventing lawsuit. It is a win-win for everyone."
MPA has conveyed to the Fraternal Order of Police (FOP) - the other organization who ran in the election - and its members that the MPA wants to build a positive partnership. The MPA has already extended an invitation to
have a member serve on their committees with the city.
Founded in 1989, the Mesa Police Association's mission is to promote the positive role of Law Enforcement Professionals, and to protect and secure rights and benefits for their members through effective representation with local, state and national governments. More information can be found at the website at www.mesampa.com. To schedule an interview with MPA, please contact Stacey Dillon at Stacey@psamedias.com or 480-225-4809.
Mesa Police Association Wins Certification Election in Mesa
The MPA was selected by Mesa Police Officers to be their representative on collective bargaining and other issues in the City of Mesa. Defeating the challenge posed by the Mesa Fraternal Order of Police, the MPA will now move forward in contract negotiations with Mesa city officials.
“We congratulate the MPA on their victory,” says Brian Livingston the APA’s Executive Director.
Warning: Potential Financial Danger for All Arizona Police Officers. Will this action be repeated state wide?
Officers Hung out to Dry (As copied from PLEA (Phoenix Law Enforcement) website: www.azplea.com )
“On September 2, 2010 PLEA's legal counsel received a letter from Joel Robbins, legal counsel for a plaintiff involving the City of Phoenix (federal court: CV-08-2018-PHX-MHN). In this letter Mr. Robbins states, "I wanted to alert you to a recent trend in police abuse of force cases against the City of Phoenix, a trend of which you may be aware, but wanted to advise you of in case you were not, in which the City is now maintaining that it has no obligation to indemnify its officers (emphasis mine) for claims of excessive use of force."
CLICK HERE to read the letter sent to PLEA's legal counsel from the law firm of Robbins and Curtin, p.l.l.c.
He goes on to say, "...we have not alleged that the officers had any personal agenda or were in any way acting above and beyond the scope of their duties as police officers. Moreover, in both cases, the same attorney represented both the City of Phoenix and the individual officers (in each case, Lori Berke). However, the City, through the attorney purportedly representing the interests of both the City and the individual officers, argued that the City was statutorily immune from any liability....and therefore, any judgment against the individual officers would presumably be their sole responsibility to satisfy." Mr. Robbins concluded, “…each individual Phoenix police officer will be individually responsible for satisfying any judgment resulting from an excessive use of force, regardless of whether the use of force was done strictly within the officers’ scope and course of employment.”
Translation to rank-and-file Phoenix Police Officers: It seems that the City feels NO legal obligation to provide legal counsel when you make a professional law enforcement decision made in the course and scope of duty............”
Judicial Watch Obtains New Statistics on Human Smuggling in Arizona's "Tucson Sector" of the Mexican Border
Documents Indicate Sharp Increase in the Number of Chinese Immigrants Smuggled Across the Border and Apprehended by Border Patrol
(Washington, DC) -- Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has obtained documents from U.S. Customs and Border Protection (CBP) detailing statistics related to human smuggling in Arizona's "Tucson Sector." The Tucson Sector is the Border Patrol's busiest sector on the Southwest Border and covers 262 miles of linear border. Among the data uncovered by Judicial Watch:
The total number of persons smuggled and apprehended:
The total number of smugglers identified:
The total number of smugglers deported:
The total number of immigration infractions referred to U.S. Attorney's Office for prosecution:
The documents also include data related to the number of "Other than Mexicans" smuggled and apprehended by Border Patrol. According to the documents uncovered by Judicial Watch, the number of individuals from the People's Republic of China smuggled across the border and apprehended increased from 15 in FY2008 to 79 in FY2009, nearly a five-fold increase.
The New York Times reported on January 22, 2010, "In fiscal 2009, 332 Chinese immigrants were caught in the Border Patrol's Tucson sector, up from 30 the previous year, Border Patrol figures showed. And in what could be a sign of a record-breaking pace for this year, agents in the Border Patrol's Tucson sector arrested 281 Chinese immigrants from Oct. 1 to Dec. 31, the first quarter of the current fiscal year."
The CBP documents also show significant increases were seen from Romania and Dominican Republic. The largest overall volume increase was Honduras, which went from 353 in FY2008 to 516 in FY2009.
CBP originally indicated the agency did not "maintain" statistics related specifically to human smuggling. However, in response to a Judicial Watch appeal, CBP subsequently notified Judicial Watch that the agency did, in fact, have the ability to create human smuggling statistical reports from an Immigrations and Custom Enforcement (ICE) database known as ENFORCE.
Judicial Watch filed its original FOIA request on January 26, 2010 and appealed the CBP's contention that the agency does not maintain human smuggling data on April 23, 2010. Judicial Watch ultimately received the requested data on August 19, 2010.
"These statistics show that human smuggling continues to be a crisis on the nation's southern border. And the problem is only going to get worse as a result of the Obama administration's hostility to the strong enforcement of our nation's immigration laws, especially in Arizona," stated Judicial Watch President Tom Fitton.
PLEA Announces Death of Officer
The Phoenix Law Enforcement Association has informed the APA of the untimely death of Officer John Buckner of the Desert Horizon Precinct during the early morning hours on August 17, 2010. John died as a result of medical complications sustained following a surgical procedure. John was a veteran officer with over 30 years of service and was the senior ranking patrol officer on the department. John was actively involved with PLEA for many years. He was a past PLEA Board member and continued to work as an active PLEA Rep providing advice and assistance to numerous officers over the years. He also served as a member of the department's CISM team. John's presence will be greatly missed. The APA extends to PLEA and Officer Buckner’s family our heartfelt prayers and sympathy to John's friends and family during this trying and difficult time.
Arizona Loses a Member of its Police Family
The Passing of a True American Hero
The Chandler Police Department lost a valuable member of its police family last week when Officer Ledesma was killed during an undercover narcotics investigation. Two other undercover officers, who were working with Officer Ledesma were also injured during this incident.
Funeral Services and Visitation:
Public viewing: Tuesday, August 3 from 6 PM Tuesday until 8 AM, Wednesday.
Location: Chandler Center for the Arts, 250 N. Arizona Ave., Chandler, Arizona.
Memorial Services: Wednesday, August 4th, starting at 10 AM
Location: Mission Community Church, 4450 E. Elliot Road, Gilbert, Arizona.
Internment: Detective Ledesma will be laid to rest in the Valley of the Sun Cemetery,
Location: 10940 E. Chandler Heights Road, Chandler, Arizona.
After graveside services, there will be a reception held at Ashley Manor, located at 1380 S. Price Road.
In this difficult time, our thoughts and prayers are with the families of our fellow officers and our brothers and sisters who mourn for the loss of a loved one. We thank the community for the support they offer and are encouraged by the many positive acts of kindness. We turn now to assisting those grieving at this moment.
Chandler Law Enforcement Association
Wells Fargo Account #9918672768
From the Desk of the APA Executive Director SB 1070 Ruling - Reaction
Today Judge Bolton issued her ruling on a request for preliminary injunction against SB 1070. Contrary to some media reports the judge did not issue a preliminary injunction against the entire bill just certain provisions within it. Here is the breakdown.
Allowed to stay in effect:
1. The intent of the law remains in effect
2. Prohibits agencies from limiting enforcement of federal immigration laws
3. Requiring state officials work with federal officials with regard to unlawfully present aliens
4. Allowing legal resident to sue any state agency for adopting a policy that restricts enforcement of immigration laws to less than the full extent permitted by federal law
5. Crime of human smuggling as amended
6. Creating a crime for stopping a motor vehicle to pick up day laborers if it impedes traffic
7. Knowingly hiring of unauthorized aliens
8. Checking employment eligibility
9. Creating a gang and immigration intelligence team enforcement mission fund
10. Creating a separate crime for a person in violation of a criminal offense to transport or harbor an unlawfully present alien
11. Amending the provisions for the removal or impoundments of the vehicle to permit impoundment of vehicles used in the transporting or harboring of unlawfully present aliens
Placed on hold pending future court review by injunction:
1. The law requiring an officer to make a reasonable attempt to determine the immigration status of a person stopped. (Notice it does not prevent an officer from calling ICE. BP or 287G)
2. Creating a crime for the failure to apply for or carry alien registration papers
3. Creating a crime for an unauthorized alien to solicit, apply for or perform work
4. Authorizing the warrantless arrest of a person where there is probably cause to believe that person is in the county illegal (*Arizona's Immigration Law)
Most of the provisions sought by this association were a permitted to move forward (i.e. stopping sanctuary city policies, right to partner with federal immigration authorities). Essentially, for most state agencies, it will be business as usual tomorrow. For those Arizona cites such as Tucson who have a sanctuary city policy they will now be forced to change their policy to afford their officers the right to check a person's immigration status with their federal partner without restriction.
PLEA Phoenix Police Department Draft Immigration Policy ref. SB1070
"An officer contacted me about the new PPD immigration policy and the training behind it.
Attached are two pages from the draft policy from PPD on the new immigration law. The section under "arrests", the way it is presented in the policy and the way it is being taught to officers, requires that "ALL arrested persons" - meaning whether there is reasonable suspicion to believe they are in the country illegally or not, are to have their status verified by ICE. This interpretation is confirmed by the following NOTE in the policy - "Presentation by the arrestee of presumptive identification....DOES NOT MEET the requirement to verify immigration status."
This creates a situation that is in conflict with SB1070 - everyone is presumed to be in the country legally, valid identification IS presumptive proof of legal status thus there is NO reason to contact ICE to verify legal presence in the country. This policy appears to deviate from the statewide video training provided by AzPost. This policy creates an unnecessary, costly, time-consuming burden that is beyond the intent of SB1070. It appears that this policy is written with the goal of causing the new law to fail or undermine its effectiveness.
Under this policy, I stop Mr. Smith for failing to signal while driving a vehicle and turning onto a street. I contact Mr. Smith and he gives me an Arizona drivers license. I run Mr. Smith and find that he has NO warrants but is driving on a suspended drivers license. I have a choice: I can book Mr. Smith or I can write Mr. Smith a ticket. If I choose to write him a ticket, I have to verify his status with ICE even though he has provided me a valid ID that was verified on my car computer. Even though there is NO reason to believe Mr. Smith is in the country illegally, this new policy is forcing me, and every other officer for every other similar stop or situation, to call ICE to verify legal status. This is unnecessary, takes time, costly, and foolish.
Under this policy, I get a call to a location where I find Mr. Jones illegally dumping trash. Upon contact with Mr. Jones, he provides me with a valid Arizona drivers license. I run Mr. Jones on the car computer and he has NO outstanding warrants. I have a choice: I can book Mr. Jones or I can write Mr. Jones a ticket. If I choose to write him a ticket, I have to verify his status with ICE even though he has provided me a valid ID that was verified on my car computer. Even though there is NO reason to believe Mr. Jones is in the country illegally, this new policy is forcing me, and every other officer for similar stops or situations, to call ICE to verify legal status. This is unnecessary, costly, and foolish.
This new immigration enforcement philosophy seems to be showing up in other Arizona police policies. On July 19, 2010 I received the following from the Glendale PD union president Justin Harris:
"I recently attended my departments SB 1070 training and I was surprised to learn that Glendale is telling all of its Officer's that we have to call in and verify everyone's immigration status even after they provide us with a valid form of ID that meets the "presumptive" clause in the bill. Has any other labor group expressed this concern to you? I thought the reason the presumptive ID clause was written in the statue was so that we didn't have to call and verify everybody's status? If this holds true then I'm sure the Feds call center will be overwhelmed and it will cause an undue detention of citizens who have a valid form of ID. Is this the administration's way to work against the bill?"
It seems that the Arizona Chiefs of Police (ACOPS) has moved from lawlessness in NOT proactively addressing the crime of illegal immigration to malfeasance in subjecting front-line officers and the citizens they serve to needless and abusive immigration checks when NO reasonable suspicion exists that the law enforcement contact provides reasonable suspicions that a person is in the county illegally. This policy flies in the face of the intent of SB1070 and appears to be a dangerous and foolish attempt by police managers to undermine the bills effectiveness in keeping Arizona safe from the crime of illegal immigration. One wonders if the chiefs will mandate that every person contacted be patted down for weapons when no reasonable suspicion exists that the contacted person is armed.
The author of the original PPD policy, Lt. Larry Jacobs, communicated to me that the draft policy that was sent out is not consistent with what he wrote and was changed to its present form by PPD attorneys. It is unfortunate, but not surprising, that this policy was produced without any input from PLEA - the 2400 men and women who are tasked with enforcing this new statute in a front-line capacity.
PLEA opposes and is alarmed by this new immigration policy."
Mark Spencer PLEA President
The Arizona Police Association Membership Announcement
The Arizona Police Association is introducing the Law Enforcement Association of Pinal County as its newest member.
"The APA welcomes the officers of the Law Enforcement Association of Pinal County to the rank and file members of our association. We also look forward to developing a strong relationship with the community served by these officers," says Brian Livingston Executive Director of the Arizona Police Association.
APA Executive Director meets with Maricopa County Attorney Candidate Bill Montgomery to discuss issues of importance to law enforcement. Mr. Montgomery has received the endorsement of the Arizona Police Association which represents approximately 10,000 police, detention, correction, Border Patrol and other law enforcement officers throughout the state.
Public Safety Collective Bargaining Passes U.S. House of Representatives
On July 1, 2010 the House of Representatives passed the Public Safety Employee-Employer Cooperation Act (H.R. 413) as part of the War Supplemental Appropriations Act, H.R. 4899.
The U.S. Senate will start their review of H.R. 4899 today as it returns from the 4th of July recess. APA members are urged to call, e-mail or write all members of the U.S. Senate to voice their support for this measure.
Feds to Fight Arizona!
Misplaced Priorities: U.S. taxpayer dollars to fight Arizona not the illegal activities of illegal immigrants, criminal drug cartel operations and Latin American and Foreign Crime Syndicates.
Click to read federal lawsuit
Arizona PI Brief
Complaint filed version
Declaration of David Aguilar
Declaration of Michael Aytes
Declaration of Tony Estrada
Declaration of Dominick Gentile
Declaration of Jack Harris
Declaration of Daniel Ragsdale
Declaration of David Palmatier
Declaration of Mariko Silver
Declaration of James Steinberg
Declaration of Roberto Villasenor
Police chief: Cartels threaten U.S. law enforcement in Arizona
(CNN) -- In the first public incident of its kind, cartels are making direct death threats to U.S. law enforcement officials in Nogales, Arizona, the police chief there told CNN Monday.
Speculation about death threats by cartels towards U.S. law enforcement has been widespread for some time, but this is the first time U.S. officials along the border confirmed a case.
The threats began less than two weeks ago, after off-duty police officers from the Nogales police department seized several hundred pounds of marijuana from a drug smuggling operation they stumbled upon while horseback riding in the eastern fringes of Nogales, the chief said.
The smugglers in the incident managed to flee into Mexico before being detained, Nogales Police Chief Jeffrey Kirkham told CNN.
"We are taking the threats very seriously," Kirkham told CNN. "We have received information from informants who work in Mexico that the drug cartel running that operation was unhappy about our seizure. They told our informant that they understand uniformed police officers have a job to do, but anyone out of uniform who gets involved in their operation will be targeted."
"America is based on freedom. We're not going to be intimidated by the threats, but we are taking them seriously. I've told my officers if they venture into that area off duty to be armed," Kirkham said.
The U.S. Customs and Border Protection sent an increased presence to the area where the bust happened, Kirkham said.
It was unclear which cartel was making the threats against the Nogales police department, but Kirkham said there is a turf war on the other side of the border in Nogales Sonora, Mexico, between the Sinaloa cartel and the Juarez cartel.
Kirkham said he was unaware of cartels trying to bribe or extort his police officers, but he did say cartel's are using the same tactics on U.S. law enforcement that they do on local law enforcement in Mexico.
In May, a former sheriff's deputy in nearby Santa Cruz County -- 29-year-old former deputy Jesus R. Contreras -- and another man were arrested on federal drug-smuggling and gun charges. Local reports said Contreas was wearing a police uniform when he tried smuggling five kilograms of cocaine through a checkpoint on March 2.
By Nick Valencia, CNN
Department of Liquor License and Control has New Director
Arizona. Governor. Jan Brewer has appointed Alan Everett, Director of the Arizona Department of Liquor Licenses and Control.
Everett is a former mayor of Sedona. He succeeds Jerry Oliver, who retired earlier this month.
The APA congratulates Mr. Everett on his appointment.
Arizona to be sued by Federal Government regarding SB 1070
The following remarks were said by Secretary of State Hillary Clinton today:
“QUESTION: Thank you very much. I would like to start with the immigration debate in the United States. The recently approved law in Arizona has presented sort of a difficult scenario for the President Obama Administration. According to some polling, half of the United States has approved this law and maybe other states would like to implement it. How’s Obama Administration dealing with this debate? Is the immigration law near reality?
SECRETARY CLINTON: Well, Andrea, first, let me say how pleased I am that I have this chance to talk to you about these and other important issues. President Obama has spoken out against the law because he thinks that the federal government should be determining immigration policy. And the Justice Department, under his direction, will be bringing a lawsuit against the act. But the more important commitment that President Obama has made is to try to introduce and pass comprehensive immigration reform. That is what we need. Everyone knows it, and the President is committed to doing it.”
The association will have further comment on this matter, out of respect for the court, until this matter is adjudicated.”
Governor Jan Brewer Learns of President’s Directive to Sue Arizona via Ecuadorean Television Interview.
Click here to read Governor Brewer's Press Release >>>
APA Meets with U.S. Attorney General Eric Holder
APA Executive Director Brian Livingston along with Phoenix Law Enforcement Association executive board members Mark Spencer, Joe Clure and PLEA lobbyist and consultant Dr. Levi Bolton met with U.S. Attorney General Eric Holder on Tuesday in Washington D.C. This meeting was requested by PLEA and the APA. The meeting with Mr. Holder and other administration invitees was held to discuss SB 1070 and the history and relationship both associations had with the bill’s origination and passage.
“Mr. Holder expressed interest in the information provided by the APA and PLEA. He also stated clearly that the Obama Administration had not yet formulated a final position on SB 1070,” says the Executive Director of the APA. The discussion was reportedly “frank and to the point” on the requirements of SB 1070 and the disinformation being disseminated by various groups and factions opposed to the bill and the potential national ramifications with the bill’s passage and adoption. APA and PLEA representatives also expressed their support for Governor Brewer and her continued efforts to secure the state’s border with Mexico. In final comments, the APA Executive Director expressed deep safety concerns for the U.S. Border Patrol officers serving along the international border.
The APA wishes to thank Mr. Holder for agreeing to meet with our association and we look forward to future conversations with members of President Obama’s administration.
PLEA and APA to Meet with US Attorney General
The National Association of Police Organizations (NAPO) is facilitating a meeting between PLEA and the APA with the US Attorney General on Tuesday June 8, 2010 in Washington DC. The AG deserves an honest law enforcement assessment from police officers concerning SB1070. PLEA and the APA believe it’s important to communicate the needs and concerns of front-line Arizona rank-and-file officers and the tools that SB1070 provides. SB1070 has been successfully test-driven for the past two years in Phoenix through the Department’s modified immigration policy. The Phoenix immigration policy allows a discretionary, proactive partnership with ICE in dealing with the crime of illegal immigration and mirrors the intent of SB1070. Over the past two years implementation of the new immigration policy has resulted in crime plummeting along with over 3000 deportations without any additional costs, any additional crimes, any drain on manpower, and without a single civil rights, biased policing, or racial profiling complaint.
It should be interesting to note, that in order for four PLEA and APA law enforcement representatives to meet with the US Attorney General, the following instructions have to be complied with:
“THIS PART IS IMPORTANT, DOJ WILL NEED ASAP FOR ALL FOUR OF YOU THE FOLLOWING (1) FULL NAME; (2) DATE OF BIRTH; (3) SOCIAL SECURITY NUMBER; (4) PLACE OF BIRTH; (5) CITIZENSHIP”
Listen Now! to an audio clip from the Mike Broomhead show talking about the irony of US police officers having to prove citizenship prior to meeting with the Attorney General.
The APA is urging everyone to look at the back page of today's Arizona Republic business section. You will see a half page advertisement from the Sonora Mexico Tourism Bureau which states "In Sonoran we are looking for People from Arizona" (attachment above).
Please notice that the individual is wearing military type fatigues, is hiding in bushes or shrubbery and holding binoculars! The implication of this advertisement is obvious! I have been in contact with several legal and professional people and they all see the advertisement in the same manner.
I am especially concerned for our Border Patrol officers and southern Arizona police officers. Such a declaration by a foreign government element should heighten their awareness and safety precautions.
I am even more concerned that such an ad was approved by an Arizona newspaper.
Brian L. Livingston
Executive Director, Arizona Police Association
Teen sentenced to 40 years in prison for murder of US Border Patrol agent east of San Diego
04-29-2010 01:38 PM MST |By ELLIOT SPAGAT, Associated Press Writer
FILE - This undated file image provided by the U.S. Border Patrol shows agent Robert Wimer Rosas, who was shot and killed while patrolling Thursday July 23, 2009 in southeastern San Diego County. Christian Daniel Castro Alvarez faces a maximum sentence of life in prison when he is sentenced for killing Rosas. (AP Photo/US Border Patrol, File)
SAN DIEGO (Associated Press) --
A 17-year-old Mexican youth was sentenced Thursday to 40 years in prison for the murder of a U.S. Border Patrol agent who was shot repeatedly during a robbery attempt.
Christian Daniel Castro Alvarez sat silently with his head down throughout the sentencing by U.S. District Judge M. James Lorenz in San Diego.
Castro pleaded guilty in November to murdering a federal officer near Campo, a mountainous area about 60 miles east of San Diego. He told authorities that he and others were attempting to rob the agent, Robert Rosas.
The sentencing came as a furious debate rages around the nation on a new Arizona law that requires local and state law enforcement officers to question people about their immigration statuses if there's reason to suspect they're in the country illegally
The courtroom was packed with uniformed Border Patrol agents as the judge read a letter written by the defendant apologizing to the family of the 30-year-old Rosas.
Rosas was shot several times in the head, from behind and while lying on the ground. Castro's attorney had argued that two accomplices now in Mexico fired the fatal shots.
Castro told authorities the killing occurred during the attempted robbery he was forced to commit under threat of death.
A probation officer had urged a life sentence for Castro. Federal guidelines call for a minimum sentence of 30 years.
Rosas was the first Border Patrol agent to be killed by gunfire since 1998, according to The Officer Down Memorial Page, a website that tracks death of law enforcement officers.
U.S. authorities say Castro acted with others but have not said how many or announced arrests. The suspects are believed to have fled back to Mexico through a small crevice under a border fence made of corrugated metal, sparking a massive search on both sides of the border.
Castro surrendered to authorities at a San Diego border crossing last August, less than a month after Rosas died on the night of July 23, but his capture was not announced until he pleaded guilty three months later. He was charged as an adult.
Castro confessed that he and others lured Rosas out of his Border Patrol vehicle by leaving footprints on a dirt road, shaking bushes and making noises, according to prosecutors. Rosas, who was patrolling alone, was ambushed and stripped of his gun about 100 yards from the border.
Castro, who was 16 at the time, told authorities he was holding Rosas at gunpoint when the agent reached for Castro's firearm. Castro shot once and shouted for help to his collaborators, who were walking toward Rosas' vehicle. They opened fire.
Castro said one of his collaborators shot him in the hand, leaving a trail of blood back to Mexico. Castro's DNA matched the blood.
Like many people raised in California's Imperial Valley along the Mexico border, Rosas found a career in law enforcement. He was a state prison guard for six years before joining the Border Patrol in 2006.
He was survived by his wife, Rosalie, and two young children. Prosecutors wrote the judge last week that the children run to the front door calling "Papa" when a car pulls up to the house.
The Hypocrisy of California Politicians
Several California City mayors have condemned and pushed through business boycotts of Arizona because of the recent passage of SB 1070. What these politicians are not telling you is California already has an immigration law similar to Arizona’s SB 1070 on their books. Once again, we see politicians who wish to make headlines instead of telling the truth to their constituents. Click here to see a copy of the California Law. Click here to read Washington Times Calif. penal code 834b not enforceable, but fed law covers immigration inquiries
National Reliable News Stations Get It. Why Can't Ours?
Channel 2 Investigates U.S. Border Security Part 1 - Video - WSB Atlanta
Channel 2 Investigates U.S. Border Security Part 2 - Video - WSB Atlanta
Some APA associations work with NAPO (The National Association of Police Organizations) to develop strategies and agendas related to national issues. The APA shares the below information with all of our members and friends for their edification.
NAPO Meets with White House and DHS to Discuss Immigration Reform
WASHINGTON, D.C.: On January 8, 2010, NAPO met at the White House with staff from the Office of the President, the Office of the Vice President and the Office of the Secretary of Homeland Security to discuss our concerns with current immigration policy and our suggestions on how to reform those policies. NAPO discussed the importance of securing the border, the need for federal support of state and local law enforcement along our nation’s borders, and the necessity of information and intelligence sharing between federal, state and local law enforcement.
Specifically, NAPO recommended additional training on federal immigration laws for state and local law enforcement, as well as the Department of Homeland Security providing more resources to educate law enforcement on immigration policies and procedures. NAPO also suggested that Immigration and Customs Enforcement (ICE) reach out to agencies and communities and make them aware of its presence and services. Improving the relationship between ICE and state and local law enforcement agencies is vital to protecting our communities from criminal aliens. Communication and cooperation are essential and NAPO firmly believes that the 287(g) program plays a major role in improving the relationship. NAPO advocated for the 287(g) program and we voiced our support for expanding the program in order to augment the ICE’s limited resources.
This meeting was a continuation of the conversation between NAPO and the administration about immigration reform. The next step is working with Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) on an immigration reform bill to be introduced this year. NAPO continues to push for stronger immigration enforcement policies as the administration and lawmakers move forward with immigration reform.
APA members support Governor's Action on SB 1070 during signing announcement
January 13, 2009
Contact: Stacey Dillon
Public Safety Authority Medias, LLC
Highway Patrol Officers and Civilians Welcome New Director
Arizona- The Arizona Highway Patrol Association (AHPA) welcomes the announcement of their new Department of Public Safety (DPS) director, Robert C. Halliday.
"We thank Governor Brewer for choosing someone who has a tremendous insight into our department, as well as passion and commitment to our profession," states Sgt. Jimmy Chavez, President of the AHPA.
Director Halliday has over 35 years with DPS, and already has admiration and support from many frontline officers and civilians.
The AHPA thanks their current director, Roger Vanderpool, for his years of leadership with DPS.
Founded in 1958, the AHPA's mission is to promote the positive role of Law Enforcement Professionals, and to protect and secure rights and benefits for their members through effective representation with local, state and national governments.
To schedule an interview with Sgt. Jimmy Chavez from AHPA, please contact Stacey Dillon of Public Safety Authority Medias at 480.225.4809.
APA and PORAC LDF to Offer Enhancement to Current Legal Plan
The Arizona Police Association is pleased to announce an enhancement to their legal defense plan through the PORAC Legal Defense Fund which includes legal representation in Workers’ Compensation proceedings arising from his or her employment as a peace officer.
Plan information is available through your local APA association.
Christmas came early for a Mesa police officer and his family at the Red Mountain District police station on Wednesday.
Much to the surprise of officer Mark Kelly, he was presented with a Ford E-450 Super Duty handicapped-accessible Shuttle Van to better help him and his large family as he tries to maintain his mobility while fighting a terminal neurological illness.
After Kelly and his wife, Elizabeth, watched their four sons - Bryan, Harley, Hyrum and Bryce, ages 18 months through 8, receive presents such as a Tonka police cruiser, a Hot Wheels Train Station and a purple Mongoose bicycle from a Santa dressed in blue, they were led outside to receive the vehicle.
Kelly, 31, who has worked for the Mesa Police Department for four years and was diagnosed with amyotrophic lateral sclerosis (ALS) in April, received the van as a gift from the Mesa Police Association's officers assistance fund as many members of his family and colleagues looked on.
"It's just like Christmas morning," Mark Kelly said. "I had no idea it would be something like this. I was told yesterday just to be at the station by 4:30, and there would be a Santa here dressed in blue."
The police union held a number of fundraisers for the Kelly family in recent months and were able to purchase the van from a Valley company that recently went out of business, according to Stacey Dillon, a spokeswoman for the Mesa Police Association.
"We decided that this police family was the one most in need, and in this particular case, there's been an outpouring of community support," said Fabian Cota, president of the Mesa Police Association. "This is the kind of stuff that makes our day."
The Kelly family had been given a passenger van by a relative, but with Kelly confined to a wheelchair, the smaller-size van was difficult for the family to travel in, said Mark's older brother, Mike Kelly.
"This van is going to be a savior for everybody and a blessing," Mike Kelly said.
ALS, often referred to as Lou Gehrig's disease after the Hall of Fame slugger from the 1920s and 30s who gave the illness notoriety, is a terminal neurological disorder that destroys the nerve connections between muscles and the brain. As the disease progresses, patients lose the ability to control their muscles and eventually cannot walk, speak, swallow or breathe. Kelly only has about 15 percent use of his right hand.
Yet Kelly, a 1997 graduate of Mesa High School, remains on the job at the Red Mountain District station, answering phone calls and taking reports, and also partially works from home.
Elizabeth, who is expecting the couple's fifth child, also said the family was grateful for the gifts and the vehicle.
"It's overwhelming," she said. "We're so thankful. It's an amazing gift. I don't know how to describe it. It's such a surprise."
City of Phoenix Election Results
City of Phoenix voters went to the polls yesterday to select city council seats in District 6 and District 3. The APA rallied its members to support a candidate in each district. With final vote tallies now published, the results of the election show a mixed result for our APA endorsed candidates.
In District 6 current and now re-elected Councilman Sal DiCiccio defeated Ms. Dana Kennedy in a highly contentious race. Ms. Kennedy was the candidate supported by the APA. Ms. Kennedy garnered approximately 45% of the votes cast. The results of the election were apparent early when early mail-in ballot counts showed Councilman DiCiccio ahead by approximately three thousand votes. The APA congratulates Councilman DiCiccio on his victory. The APA wishes to express our admiration to Ms Kennedy and the Kennedy campaign for the dignity, zeal and energy they brought to this precinct election.
In District 3, APA endorsed candidate Councilman Bill Gates easily won re-election in District 6. The APA wishes to congratulate Councilman Gates and his campaign staff on their outstanding re-election campaign and a victory so rightfully earned.
The Copper Corridor Police Association Joins the APAThe Copper Corridor Police Association became the newest member of the APA in October. Based in Pinal County, the CCPA has among its members officers from Hayden P.D., Gila County Sheriff’s office, Hayden P.D., Gila River P.D., Arizona State Capitol Police, and Apache Junction P.D.