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
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.
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?
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.
In Memoriam
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.
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.
The APA wishes to thank the following sponsors
for making our annual conference a huge success:
Redflex Traffic Systems
Galloway Asset Management, LLC
Taser
Verizon
TNT Fireworks
Geocris Global Security Solutions
C.O.P.S.
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
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:
FY2008: 81,860
FY2009: 70,328
The total number of smugglers identified:
FY2008: 1,437
FY2009: 963
The total number of smugglers deported:
FY2008: 658
FY2009: 599
The total number of immigration infractions
referred to U.S. Attorney's Office for prosecution:
FY2008: 10,333
FY2009: 17,452
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.
Steven Dieu
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."
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.
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
6-21-10
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.”
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.
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
Press Release January 13, 2009
Contact: Stacey Dillon
Public Safety Authority Medias, LLC
480-225-4809
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
APA
The 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.
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 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.
U.S.
Customs and Border Patrol Agent Brian A. Terry
PLEA and APA to Meet with US Attorney General
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) 
