1. AMERICANS WITH DISABILITIES ACT (ADA)

WHEREAS, The enactment of the Americans with Disabilities Act (ADA) has resulted in a number of significant changes in hiring and employment practices engaged in by public employers, especially in the area of law enforcement; and

WHEREAS, The application of ADA to law enforcement has had unanticipated and unintended results in connection with the operation and maintenance of public employee pension and benefit systems which have had an adverse impact upon such systems; and

WHEREAS, The regulatory enforcement of the ADA is occasionally pushed to unintended extremes, such as requiring handicapped-accessible jail cells in every new "mainline" unit in California, even though the California jail system already provides handicapped accessible housing for its disabled inmates through medical units and other facilities; and

WHEREAS, Certain management groups in the public sector have already called for the restriction or elimination of ADA protections for police employees;

NOW THEREFORE BE IT RESOLVED, That the National Association of Police Organizations (NAPO), goes on record in support of the ADA as it now exists, recognizing that a reasonable accommodation is all that may be required, and that some public agencies may indeed be able to prove an "undue hardship" defense to the ADA; and

BE IT FURTHER RESOLVED, That NAPO believes that the various regulatory agencies charged with oversight responsibility under the ADA should seek to clarify and properly apply the provisions of the ADA in the public sector to minimize any inadvertent impact that the ADA may have upon public employee pension and benefit programs, as well as the construction of new law enforcement holding facilities.

2. BACKGROUND CHECKS ON LAW ENFORCEMENT APPLICANTS

WHEREAS, Senator Bob Graham (D-FL), introduced S. 492, and Congressman Harry Johnston (D-FL), sponsored H.R. 3263 in the 104th Congress, to establish a national clearinghouse to assist in state and local background checks of law enforcement applicants; and

WHEREAS, These bills sought to establish a national clearinghouse on terminated law enforcement and corrections officers in order to avoid the hiring of officers with a past history of misconduct; and

WHEREAS, This legislation attempts to prevent situations where dishonorably discharged officers from one state are able to obtain employment in other states because of ineffective background checks; but

WHEREAS, There does not exist in this country any national right or entitlement for officers to due process in connection with terminations; and

WHEREAS, Congress has yet to enact a "Bill of Rights" which would guarantee officers due process rights in connection with terminations; and

WHEREAS, In the absence of such rights except in a few states there is no guarantee that termination of employment has been in accordance with principles of fairness and due process law;

NOW THEREFORE BE IT RESOLVED, That NAPO opposes any pending introduction in the 105th Congress of legislation concerning a national background clearinghouse until such time as Congress has enacted a national law enforcement officers' "Bill of Rights."

3. CLARIFICATION OF THE TAX TREATMENT OF CERTAIN DISABILITY BENEFITS RECEIVED BY FORMER
CONNECTICUT LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS

WHEREAS, Under prior law in Connecticut, law enforcement officers and firefighters who suffer heart disease or hypertension were conclusively presumed to have incurred such diseases in the course of employment; and

WHEREAS, The foregoing circumstances caused the Internal Revenue Service to deem the disability benefits of such law enforcement officers and firefighters to be subject to Federal income taxes as worker's compensation payments (as opposed to tax-exempt disability payments); and

WHEREAS, Such action by the Internal Revenue Service has caused a severe hardship on the part of such law enforcement officers, fire employees and their families that the Internal Revenue Service is seeking back-taxes plus interest and penalties from the affected law enforcement officers and firefighters for the years 1989-1991; and

WHEREAS, The laws of the State of Connecticut have been reformed to avoid the foregoing circumstances in the future; and

WHEREAS, Congresswoman Kennelly (D-CT), introduced H.R. 202 and Senator Dodd (D-CT), sponsored S. 393 in the 105th Congress to remedy the foregoing situation;

NOW THEREFORE BE IT RESOLVED, That NAPO endorses and supports the enactment of the Connecticut delegation members legislation in order to resolve the unfairness which is being visited upon the affected law enforcement officers and firefighters of Connecticut and their families against whom the Internal Revenue Service now seeks unanticipated back taxes plus interest and penalties; and

BE IT FURTHER RESOLVED, That NAPO urges the swift passage of similar federal legislation for nation-wide application, so that all public safety employees similarly situated to our Connecticut brothers and sisters may receive some measure of peace of mind in the knowledge that, once an officer has been declared eligible for a disability benefit in lieu of a worker's compensation benefit, such disability benefit shall be and remain tax-exempt for federal income tax purposes for the life of the recipient; and

RESOLVED, NAPO is proud to announce the passage of  section 1529 of the Taxpayer Relief Bill Act of 1997, which included the Treatment Of Certain Disability Benefits Received By Former Police Officers Or Firefighters.

4. CUSTOMS, I.N.S. AND OTHER FEDERAL INSPECTORS AND AGENTS

WHEREAS, Customs, I.N.S. and other federal inspectors and agents employed by the United States Government are responsible for investigating assaults, threats and forcible interference directed towards Customs, I.N.S., and other federal employees; and

WHEREAS, Customs, I.N.S. and other federal inspectors and agents are the country's first line of defense against terrorism and the smuggling of illegal drugs at our borders and in fact were responsible for 73% of arrests by the Customs Service; and

WHEREAS, Customs, I.N.S. and other federal inspectors and agents are otherwise engaged in law enforcement duties; and

WHEREAS, Customs, I.N.S. and many other federal inspectors and agents do not presently enjoy the same pension benefits as those received by other federal law enforcement officers; and

WHEREAS, Senator Mikulski (D-MD), introduced S. 397, and Congressman Filner (D-CA), sponsored H.R. 1215, to extend the federal civil service retirement provisions for law enforcement officers to Customs, I.N.S. and other federal inspectors and agents;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of S. 397 and H.R. 1215, in order to provide equal treatment in connection with pension benefits for Customs, I.N.S. and other federal inspectors and agents.
 

5. EMPLOYER-PAID EDUCATION BENEFITS

WHEREAS, By reason of congressional inaction the tax-exempt status of employer-paid education benefits for employees has already been allowed to expire once; and

WHEREAS, Such benefit is of great value to law enforcement officers, and also enhances our basic national policy in favor of improving employee skills and knowledge; and

WHEREAS, H.R. 127, was passed in the 104th Congress which temporarily restored the tax-exempt status of certain employer-provided educational benefits, but not graduate-level benefits; and

WHEREAS, Congressman Levin (D-MI), has again introduced H.R. 127, coupled with Senator Moynihan's sponsorship of S. 127, to make permanent the tax-exempt status of all such benefits, including graduate-level benefits;

NOW THEREFORE BE IT RESOLVED, That NAPO urges Congress to reinstate and make permanent the tax-exempt status of all employer-paid education benefits.
 

6. FAIR LABOR STANDARDS ACT

WHEREAS, Congress in 1974 made the Fair Labor Standards Act of 1938 applicable to state and local employees, thus eliminating a major inequity in American labor laws; and

WHEREAS, Public employers succeeded in 1976 in having the 1974 FLSA Amendments struck down by the United States Supreme Court in the National League of Cities case; and

WHEREAS, In 1985 the United States Supreme Court in the Garcia case reversed National League of Cities, thereby restoring the FLSA in the non-Federal public sector; and

WHEREAS, In 1986, Congress enacted legislation amending the Fair Labor Standards Act to permit work cycles over 40 hours for police officers to begin earning FLSA overtime, and to permit public employers to substitute "comp time" for overtime pay for police officers under certain circumstances; and

WHEREAS, Notwithstanding the foregoing special treatment for public employers, a number of Governors and Mayors have been pressuring the Secretary of Labor and Congress to grant states and localities additional concessions under the Fair Labor Standards Act; and

WHEREAS, Former Secretary of Labor Martin issued regulations in 1992 which have already granted certain additional FLSA concessions to public employers; and

WHEREAS, Numerous members of Congress have proposed restrictions to public employee FLSA rights through legislation, including legislation allowing public safety officers to be forced to volunteer their time to their jurisdictions; and

WHEREAS, On February 19, 1997, the United States Supreme Court upheld the application of the Secretary of Labor's "salary test" for determining public employee entitlement to FLSA overtime;

NOW THEREFORE BE IT RESOLVED, That NAPO urges the Secretary of Labor to refuse to grant any regulatory changes under the Fair Labor Standards Act to public employers since such concessions would seriously disadvantage police officers and other public employees; and

BE IT FURTHER RESOLVED, That the Senate and House should refuse to enact statutory changes that would deprive public employees of their existing FLSA coverage and rights.

7. INTERSTATE CARRYING OF WEAPONS BY LAW ENFORCEMENT OFFICERS

WHEREAS, A need exists to establish greater national uniformity concerning the entitlement of active and retired law enforcement officers to carry weapons across state lines; and

WHEREAS, H.R. 218 has been introduced by Representative Cunningham of California, which would permit active and retired law enforcement officers from any jurisdiction within the United States to carry concealed firearms provided the officers are properly qualified; and

WHEREAS, Senator Hatch (R-UT), introduced S. 3, the Omnibus Crime Control Act, which provides for similar provisions including an exemption from state laws prohibiting the carrying of concealed firearms for qualified current and former law enforcement officers; and

WHEREAS, NAPO has offered constructive amendments to H.R. 218 which were favorably received by Mr. Cunningham and adopted verbatim by Senator Hatch, that would enhance and clarify the rights of qualified current and former law enforcement officers to carry a firearm;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support to H.R. 218, provided that the NAPO amendments remain intact.

8. PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT OF 1997

WHEREAS, Collective bargaining has proved to be the most effective and democratic means by which labor and management, in both the private and public sectors, have achieved cooperation, advancement, improved employment conditions and increased productivity; and

WHEREAS, The denial of the right to collective bargaining has caused poor morale, work stoppages, unfair and inadequate working conditions and low productivity; and

WHEREAS, For these reasons Congress has granted collective bargaining rights to such public employees as letter carriers, postal clerks, public transit employees and other public employees; and

WHEREAS, Under existing state and federal laws too few law enforcement officers in the United States enjoy the rights and benefits of collective bargaining; and

WHEREAS, Because of the strenuous, stressful and ultra-hazardous nature of their employment police officers are particularly needful of collective bargaining benefits; and

WHEREAS, Congressman Kildee (D-MI), introduced H.R.1173, co-sponsored by Congressman Ney (R-OH), which would provide collective bargaining to state and local law enforcement officers; and

WHEREAS, Such legislation would provide for final and binding resolution of grievances in exchange for a no-strike requirement;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record favoring prompt enactment of H.R. 1173, and urges every member of Congress to sponsor and support similar legislation and calls on President Clinton to support these legislative initiatives.

9. LAW ENFORCEMENT OFFICERS BILL OF RIGHTS

WHEREAS, Law enforcement officers throughout the United States do not uniformly enjoy fundamental rights of citizenship or public employment, such as the right to fully engage in political activity while off duty, the right to remain silent in connection with an internal investigation, the right to be advised of the nature of an internal investigation involving an officer and the right to full and fair representation; and

WHEREAS, Senator Biden of Delaware, introduced S.1043 in 1991, entitled the "Law Enforcement Officers' Bill of Rights," which provided many of the foregoing rights and others to law enforcement officers; and

WHEREAS, Such legislation was incorporated into the 1991 Senate Crime Bill, S.1241, and enacted by the Senate; and

WHEREAS, Senator Mitch McConnell of Kentucky and Senator Biden introduced S.334 and Representatives Jim Lightfoot of Iowa and Bart Stupak of Michigan introduced H.R.878 in the 104th Congress, entitled the "Law Enforcement Officers' Bill of Rights Act of 1995," which would have provided to police officers the same fundamental rights of a free society which we demand from police officers had it passed; and

WHEREAS, Providing a unified voice to Congress is instrumental in passage of this legislation and NAPO has led the way in fostering a coalition amongst law enforcement organizations to draft this measure together and introduce it as one;

NOW THEREFORE BE IT RESOLVED, That NAPO supports the spirit of H.R. 350 and S. 348, introduced by Representative Stupak and Senators McConnell, Biden and Leahy, but we continue to advocate a coalition approach to moving this resolution and further recommend certain changes be made to enhance the quality and likelihood of passage for this fundamental legislation.

10. MANDATORY MEDICARE AND SOCIAL SECURITY COVERAGE

WHEREAS, State and local government retirement systems have historically been free to develop their own retirement benefit and health care programs; and

WHEREAS, Social Security and Medicare presently exclude state and local government employees who have chosen not to be included prior to April 1, 1986; and

WHEREAS, There have been numerous attempts by various administrations to force all state and local government employees into Social Security and Medicare in order to gain tax revenue; and

WHEREAS, Such a change is unnecessary and unfair;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record against all efforts to require Medicare or Social Security coverage for state and local employees not presently covered, and also goes on record as supporting the position that any future changes in this area of the law must be prospective only.

11. OCCUPATIONAL SAFETY AND HEALTH

WHEREAS, Congress enacted the "Occupational Safety and Health Act of 1970," to protect private sector employees; and

WHEREAS, Public employees are subject to many of the same occupational safety and health hazards as are private sector employees, in addition to other hazards; and

WHEREAS, The safety and health hazards of law enforcement work are greater than most, if not any other occupation, whether public or private; and

WHEREAS, Public employers typically have been less than zealous in protecting the safety and health of law enforcement officers; and

WHEREAS, Additional, not less, coverage is badly needed in order to remedy the seriously deteriorating safety and health conditions that exist throughout the entire public sector which continuously threaten the physical well-being of public employees;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in opposition to any legislation that would limit or reduce the necessary protections for officers' safety and health that pre-exist in law; and

BE IT FURTHER RESOLVED, That NAPO urges President Clinton to veto such legislation if passed by Congress.

12. REQUIRING THE DEATH PENALTY IN THE CASE OF A LAW ENFORCEMENT OFFICER KILLED IN THE LINE OF DUTY

WHEREAS, Congressman Gerald Solomon of New York introduced H.R. 91, which would amend title 18 of the United States Code, placing cases involving the murder of a law enforcement officer or correctional officer by a convict under federal jurisdiction, punishable by death; and

WHEREAS, Many states do not presently allow or employ the death penalty in such cases; and

WHEREAS, Such a penalty would deter inmates already serving a life sentence; and

WHEREAS, Congresswoman Molinari introduced H.R. 727 and Senator Hutchison sponsored S. 294, both entitled "Officer Brian Gibson District of Columbia Police Protection Act," which would invoke federal penalties for the killing or attempted killing of a District of Columbia law enforcement officer;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of H.R. 91 and all legislation that mandates the death penalty for the killing of a police officer.

13. ECONOMICALLY TARGETED INVESTMENTS

WHEREAS, The safety and security of retirement assets, investments and savings must be given the highest priority by trustees, investment managers and other fiduciaries; and

WHEREAS, The future security of public employees during their retirement years relies upon sound and safe investment of public employee monies; and

WHEREAS, Economically targeted investments, or ETI's, are made with the intention of benefiting someone in addition to plan participants, although the plan participants are also expected to benefit; and

WHEREAS, Such ETI's may tempt plan managers into investing employee assets in investments not otherwise as sound as investments which are chosen solely with security and rates of return in mind; and

WHEREAS, Money managers need to be aware of the consequences of their investments, but only after first maximizing the benefits of those investments for present and future retirees;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of safe, secure and sound investments of public employee assets using investment strategies which focus first and foremost upon the safety and optimization of rate of return for public employees; and

BE IT FURTHER RESOLVED, That secondary economic or environmental benefits of such investments, and their impact upon third parties should be considered, if at all, only after the plan participants and managers have fulfilled their fiduciary responsibilities to seek maximum safety and returns on such investments.

14. FIREMAN'S RULE

WHEREAS, Most jurisdictions in the United States employ a rule of law know as the "Fireman's Rule" which serves to prevent law enforcement officers as well as other public safety employees from recovering damages against those who injure or kill law enforcement officers or other public safety employees in the line of duty; and

WHEREAS, Such Fireman's Rules operate in a cruel and inhumane manner to punish those who have made the greatest sacrifice in the course of protecting our society; and

WHEREAS, NAPO has taken the lead through its National Law Enforcement Officers' Rights Center in filing amicus curiae briefs to various state Courts of Appeals and Supreme Courts, arguing that the Fireman's Rule as presently applied has outlived its usefulness, and also published the first-ever state-by-state analysis of the Fireman's Rule in this country; and

WHEREAS, Several states, including Minnesota, New York and Florida, have seen fit to abolish the Fireman's Rule because of its unfair and indefensible treatment of public safety employees and law enforcement officers;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in strong opposition to the Fireman's Rule wherever it still exists in this country, and that NAPO will continue its efforts to reform and abolish the Fireman's Rule.

15. DOUBLE JEOPARDY IN CIVIL RIGHTS PROSECUTIONS

WHEREAS, It has become increasingly popular for both state and federal prosecutors to criminally charge police officers for alleged violations of criminals' civil rights; and

WHEREAS, The federal government in particular has shown its overzealousness in prosecuting such cases, even to the extent of imprisoning local police officers after those officers have been acquitted by a jury of identical state charges; and

WHEREAS, Federal courts have refused to protect these officers under the "double jeopardy" clause of the United States Constitution, claiming that it does not apply to police officers in these circumstances; and

WHEREAS, Several other provisions of federal criminal law already bar successive prosecutions of criminals after those criminals have been either convicted or acquitted in a court of law; and

WHEREAS, To date, Congress has refused to extend the same protections to police officers that they have given to common criminals in other circumstances; and

WHEREAS, NAPO's 1996 survey on Crime and Public Safety found that 71% of respondents strongly agree that police officers should not be tried twice for the same crime;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record as strongly urging Congress to amend the federal civil rights statutes to provide that once any person, including a police officer, has been either convicted or acquitted in a court of law of charges stemming from a single incident, that same person may not again be prosecuted in either state or federal court for charges arising out of that same incident. Furthermore, NAPO urges the Clinton Administration to support such necessary legislation to protect America's police officers from politically motivated criminal prosecutions.

16. RESIDENCY REQUIREMENTS

WHEREAS, Many cities, towns and counties require their police officers to live either within the municipal limits, or within an immediately surrounding area; and

WHEREAS, Such restrictions on the liberty of police officers/citizens, unfairly restricts their rights as free Americans; and

WHEREAS, Such residency requirements have never shown to substantially reduce crime in any area; and

WHEREAS, Such requirements often are designed to force police officers into "twenty-four hour a day" resident officers, required to respond to any emergency, but without additional compensation; and

WHEREAS, NAPO's 1996 survey on Crime and Public Safety found that an absolute majority of Americans oppose keeping such residency requirements;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in opposition to such outdated and illogical residency requirements and encourages all jurisdictions which still have such rules on their books to abolish these unconscionable restrictions on individual liberties.

17. 100,000 COPS

WHEREAS, NAPO worked for the better part of a decade, over the course of several Congresses, and was ultimately successful in achieving the "1994 Violent Crime Control And Law Enforcement Act," which was signed into law in the autumn of 1994; and

WHEREAS, A crucial provision of this bill was the earmarking of federal monies sufficient to place 100,000 new police officers on the streets of America; and

WHEREAS, NAPO's 1996 Survey on Crime and Public Safety has conclusively shown that the American public urgently desires more police officers on the streets in preference to other so-called "law enforcement programs;" and

WHEREAS, To date, approximately only 56,000 of these new officers have been funded; and

WHEREAS, NAPO firmly believes that the hiring and sufficient funding of additional police officers is essential to the security of this nation;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of the existing law for hiring of these officers, and H.R. 804, introduced by Congressman Traficant (D-OH), requiring that federal funds to hire and rehire law enforcement officers are used only for this purpose. In addition, NAPO supports Senator Daschle's introduction of S. 15, providing funding for more police officers on the beat. Furthermore, NAPO recognizes and extends its appreciation to the federal Community Oriented Policing Services (C.O.P.S.), program which has already done so much towards fulfilling the 1994 goal of putting 100,000 new police officers on the streets.

18. LUXURIOUS PRISON CONDITIONS

WHEREAS, Incarceration is and remains the most prevalent and common-place form of punishment for criminals in America; and

WHEREAS, Prisons, jails and penitentiaries were designed to punish, correct and make penitent the offenders against norms of decent society; and

WHEREAS, Increasingly luxurious prison conditions allow prisoners to experience a standard of living equal to or greater than hardworking average law-abiding middle class Americans; and

WHEREAS, Such luxurious prison conditions neither punish, rehabilitate nor deter further criminal activity by prisoners or others who may be contemplating crime;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of H.R. 169, introduced by Congressman Franks (R-NJ), and H.R. 816, sponsored by Congressman Castle (R-DE), which would prohibit the use of federal funds for certain amenities and personal comforts in the federal prison system; NAPO also acknowledges Congressman Pryce (R-DE), for his sponsorship of H.R. 792, which would prevent federal prisoners from engaging in activities to increase their strength or fighting ability while in prison. NAPO encourages Congress to swiftly enact this legislation which would restore fairness and common sense to America's prison systems.

19. LONG ISLAND RAILROAD POLICE

WHEREAS, The profession of police work entails certain unique aspects which are taken into account by special state and local labor laws; and

WHEREAS, The police officers who patrol and protect the Long Island Railroad have long been grouped with other railroad employees under federal labor laws designed for railroad workers instead of with other police officers; and

WHEREAS, In 1991 the New York State Legislature enacted a law which would allow these police officers to partake of the benefits available under New York's Taylor Law as well as the New York State Police and Fire Retirement System, which is the pension system enjoyed by the vast majority of police officers in New York; and

WHEREAS, H.R. 2044, was introduced in the 104th Congress by Representative Ackerman of New York which would exempt Long Island Railroad police officers from federal railroad labor laws and allow them to participate in the more beneficial state labor laws specifically designed to protect police;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of Congressman Ackerman's efforts and would support the re-introduction of this legislation, and urge all members of Congress to swiftly enact this important legislation.

20. SALE OF BODY ARMOR

WHEREAS, Some of the most desperate and homicidal criminals, fully intending to engage in crimes so violent that the use of deadly force against them by police would not only be justified, but is anticipated, are attempting to protect themselves by wearing body armor during the commission of their crimes; and

WHEREAS, San Francisco Police Officer James Guelff was deliberately murdered by a gunman who was able to insulate himself from the officer's return fire by wearing body armor; and

WHEREAS, Congressman Stupak has introduced H.R. 959, entitled "James Guelff Body Armor Act of 1997," restricting mail-order body armor;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of H.R. 959.

21. ARMOR-PIERCING AMMUNITION

WHEREAS, Current regulations prohibit the manufacture or importation of armor piercing ammunition based on the specific materials from which it is made; and

WHEREAS, The"Violent Crime Control and Law Enforcement Act of 1994," expanded the definition of armor piercing ammunition to include a full jacketed projectile larger than a .22 caliber design, intended for use in a handgun and whose jacket weighs over 25 percent of the total weight of the projectile; and

WHEREAS, The manufacture of such ammunition is specifically designed to penetrate a police officer's bullet-proof vest; and

WHEREAS, There are currently no restrictions on ammunition that may be manufactured from any other materials that are capable of piercing police body armor; and

WHEREAS, "Performance-based" standards, which evaluate ammunitions ability to penetrate body armor, are more useful in determining which ammunition should be outlawed than are manufacture-based standards;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of condemning armor-piercing ammunition, and supports S. 112, entitled "Law Enforcement Officers Protection Act of 1997," introduced by Senator Moynihan, which would regulate the manufacture, importation, and sale of ammunition capable of piercing police body armor; and

BE IT FURTHER RESOLVED, That NAPO urges Congress to set aside any partisan considerations in enacting legislation which includes performance-based testing standards on actual vest penetration.

22. GARRITY PROTECTIONS

WHEREAS, In 1967 the Supreme Court of the United States formally announced that the full protections of our Constitution are enjoyed by police officers just as much as by any other citizens; and

WHEREAS, Since that announcement, in Garrity v. New Jersey, police, judges, prosecutors and investigators have learned to work within the framework of our Constitution whenever evaluating an accusation against a police officer; and

WHEREAS, It has become common practice for prosecutors and police administrators to advance their own political careers by bowing to special interest concerns; and

WHEREAS, The various U.S. Attorneys' offices, the Justice Department's Civil Rights Division and the BATF have recently sought to distinguish themselves in the prosecution of police officers; and

WHEREAS, All citizens, but especially law enforcement officers, have a fundamental interest in preserving the basic constitutional rights;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record as reaffirming the rudimentary constitutional rights announced in the Garrity decision.

23. 911 ALTERNATIVE

WHEREAS, The nation's 911 emergency line was designed to assist the public in contacting police during life threatening emergencies and allow police to decrease their response time to crisis situations. The 911 system achieved this and is credited with saving countless lives and averting numerous tragedies since its inception; and

WHEREAS, The simplicity and familiarity of the 911 system has become the preferred method for contacting police in emergency and non-emergency situations. The capacity of 911 operators to answer these calls effectively has been outstripped and increased police response times; and

WHEREAS, Law enforcement experts nationwide appear to agree on the need to establish a national non-emergency communications service, with a single three-digit telephone number, ("311"), which would relieve the burden from local 911 systems of non-emergency calls, decrease police response time, enhance community policing and provide critical call tracking data; and

WHEREAS, On October 2,1996, the City of Baltimore, Maryland initiated "3-1-1" as a non-emergency number available to the public. To date "3-1-1" has handled over 268,000 calls to the police department. This has resulted in a significant decrease in the number of calls to police via 911 and decreased police response time to emergency situations;

NOW THEREFORE BE IT RESOLVED, That NAPO supports the use of "3-1-1" as a national non-emergency number and congratulates President Clinton for taking steps that resulted in the FCC's acceptance of the "3-1-1" non-emergency number. Furthermore, NAPO supports efforts to make available federal funding for local jurisdictions to implement the "3-1-1" non-emergency number.

24. WE CARD PROGRAM

WHEREAS, The call for federal legislation to halt underage smoking has been sounded by the tobacco industry, President Clinton and the country as a whole, the WE CARD program has come to the forefront to abolish the sale of tobacco to minors; and

WHEREAS, The WE CARD program is the most comprehensive effort undertaken to stop tobacco sales to minors and has the support of the tobacco industry's largest retailer/wholesaler and the tobacco manufacturing associations. The WE CARD program's success offers freedom for police officers to turn their full attention to serious violent crimes; and

WHEREAS, The legislative plan submitted by Philip Morris U.S.A. restricts, youth access to tobacco products by calling for a federal minimum age of 18, bans cigarette vending machines and requires all tobacco sales be face-to-face where proof of age can be verified. Compliance to these provisions will be ensured by imposed penalties of up to $50,000 for violations by tobacco manufacturers;

NOW THEREFORE BE IT RESOLVED, That NAPO encourages the cooperation of retailers, police officers, parents and concerned citizens to ensure the WE CARD program's success and its ability to make a significant impact in the fight against illegal tobacco sales to minors.

25. VICTIMS' RIGHTS AMENDMENT

WHEREAS, The surviving families of fallen law enforcement officers have all too often felt the weight of the legal system come down on the side of the accused. A cry has arisen to correct this malfunction in the system through a constitutional amendment protecting victims' rights; and

WHEREAS, The proposed amendments, H.R. 924, introduced by Representative McCollum (R-FL), and S. 447, sponsored by Senator Nickles (R-OK), would give victims of violent crime the following rights; to be notified of any public proceeding against the offender; not to be excluded from any such proceeding if the offender has the right to be present; the opportunity to be heard in any proceeding involving release, sentencing or acceptance of a plea agreement; to an order of full restitution from the convicted offender; and it would guarantee victims notice of these rights; and

WHEREAS, A constitutional amendment for crime victims' rights has been embraced by the leadership of both parties and numerous congressional leaders;

NOW THEREFORE BE IT RESOLVED, That NAPO endorses the Concerns of Police Survivors (COPS), efforts behind passage of the pending federal constitutional amendment for victims' rights and encourages other law enforcement organizations to join in support of this crucial piece of legislation.

26. FEDERAL DOMESTIC VIOLENCE CONVICTION FIREARMS DISABILITY

WHEREAS, United States federal law contains many different prohibitions (disabilities) on the possession or ownership of firearms and ammunition; and

WHEREAS, These disabilities have always traditionally been subject to a special exception regarding firearms and ammunition which are to be used and possessed by law enforcement officers in the course of their official governmental duties; and

WHEREAS, In the waning hours of the 1996 fiscal year, as Congress rushed to pass a spending bill that would allow the federal government to remain operating, Representative Bob Barr of Georgia stealthily succeeded in tacking-on an amendment without notice or opportunity for public comment; and

WHEREAS, The Barr Amendment for the first time stripped those who had ever been convicted of certain misdemeanors of every right to own or possess any firearm whatsoever; and

WHEREAS, Mr. Barr went even further, and for the first time stripped all law enforcement officers in the nation of their ability to carry a firearm even while on duty, if they had ever been convicted of any said misdemeanors; and

WHEREAS, The Barr Amendment was tacked-on with no notice to representatives of organized American law enforcement; and

WHEREAS, Representative Bart Stupak of Michigan, working closely with NAPO, has taken the lead in rectifying this situation by introducing a bill, H.R. 445, which would reinstate the official use exception for law enforcement officers; and

WHEREAS, H.R. 445 would keep firearms out of homes where violent domestic disturbances are ongoing, while still allowing capable and qualified officers to preserve their careers;

NOW THEREFORE BE IT RESOLVED, That NAPO commits its full support to H.R. 445, and urges all lawmakers concerned with both domestic violence and law enforcement to join in sponsoring this carefully-crafted solution in order to restore the delicate balance in American law that the Barr Amendment threatens to destroy.

27. NONDISCRIMINATION RULES FOR STATE & LOCAL GOVERNMENTS

WHEREAS, State and local government retirement systems are designed to provide benefits to a diversified workforce, and pending federal nondiscrimination rules will require these plans to be radically redesigned or lose their tax-exempt status; and

WHEREAS, The required changes are not because these plans are discriminatory, but rather because they have been established to provide benefits to specific sectors of the work force such as police, teachers, firefighters, etc.; and

WHEREAS, Each plan reflects a reasonable benefit structure for each employee group; and

WHEREAS, The pending rules, however, would require jurisdictions to lump all employees into one large group for testing purposes, and this type of comparison, which was designed to identify discriminatory practices in the private sector, is an inappropriate measure in the public sector; and

WHEREAS, The U.S. Department of the Treasury has consistently delayed enforcement of these rules, but the rules themselves have not been permanently inapplicable to public sector plans; and

WHEREAS, Leadership from both parties have indicated their desire to correct this inequity in the law by making public plans permanently exempt;

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of S. 622, sponsored by Senator Hatch (R-UT), and Senator Conrad (D-ND), to make permanent the moratorium from nondiscrimination rules. NAPO supports the passage of legislation that will remove this threat of inappropriate grouping and testing of public sector retirement plans by making permanent the public plans' exemption from non-discrimination testing requirements; and

RESOLVED, NAPO is proud to announce the passage of Section 1505 the Nondiscrimination Rules For State And Local Governments, that was contained in the Taxpayer Relief Act of 1997.  This legislation was signed into law on August 5, 1997.

28. RADIO FREQUENCY SPECTRUM ALLOTMENTS

WHEREAS, Our nation's available radio frequency spectrum is rapidly being exhausted by the increasing commercial demands of cellular, digital and wireless communications technology; and

WHEREAS, America's public safety agencies also rely greatly on the availability of sufficient radio frequency spectrum space in order to assure certain, safe and secure communications between and amongst agencies and officers; and

WHEREAS, Congress is under increasing fiscal pressure to sell off the rights to use certain portions of the radio spectrum in an effort to raise revenue; and

WHEREAS, Unless sufficient spectrum space is reserved now for public safety agency use police, sheriff, fire and other public safety agencies and departments will lose forever their potential to maintain, expand and improve their communications abilities; and

WHEREAS, This result would lead inevitably to increased risk for public safety and law enforcement officers, ultimately including unnecessary loss of life; and

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of S. 255, introduced by Senator McCain (R-AZ), to allocate sufficient radio spectrum to meet state and local public safety needs. Also, NAPO wishes to recognize the FCC for reallocating broadcast analog channels 60 to 69 (800 Mhz) for state and local law enforcement and public safety agencies

29.  REMOVAL  OF THE DOLLAR LIMITATION ON PAYMENT OF BENEFITS

WHEREAS, Currently, Section 415 of the Internal Revenue Code (IRC) limits the annual amount of service retirement benefits that may be payable to certain police officers and firefighters; and

WHEREAS, Congressman Benjamin Gilman (R-NY) introduced  bill H.R. 1795 which would amend the IRC code of 1986 to remove the dollar limitation on payment of benefits from a defined benefit plan that is maintained by a state or local government for the benefit of employees of the police or fire department; and

WHEREAS, On June 27, 1997, the Senate Reconciliation tax bill, facilitated by Senator Alfonse D’Amato (R-NY), included the language found in H.R. 1795; but

WHEREAS, On June 26, 1997, The House Reconciliation Tax bill was passed, which did not include language from H.R. 1795; and

NOW THEREFORE BE IT RESOLVED, That NAPO supports the language found in S.949, the Senate Budget Reconciliation Tax bill, which is critical to ensure law enforcement officers are able to receive the full pension that they are entitled to under their state and local government pension system;

RESOLVED, ON August 5, 1997 President Clinton signed into law the Taxpayer Relief Act of 1997 which included section 1527, the Removal of the Dollar Limitation on Payments of Benefits.  NAPO is proud to announce and support this law, which adopted the language of the Senate Budget Reconciliation Tax bill in its final version.

30.  SURVIVOR BENEFITS FOR PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF DUTY

WHEREAS, It is imperative to ensure adequate compensation for survivors of officers and firefighters who have been killed in the line of duty; and

WHEREAS, Congresswoman Eleanor Holmes Norton introduced H.R. 921, the “Officer Brian Gibson Tax Free Equity Act of 1997,” to establish that survivors of officers killed in the line of duty receive survivor’s pension benefits tax free; and

WHEREAS, H.R. 921, was adopted into the House Budget Reconciliation tax bill through the help of  Congresswoman Karen Thurman (D-FL) and Congressman Jim Ramstad (R-MN); and

WHEREAS, NAPO, through a coalition with the International Association of Firefighters (IAFF) and the International Brotherhood of Police Officers (IBPO), succeeded, with the help from Senator Joseph Biden Jr. (D-DE), in having this language amended to include firefighters in the Senate Budget Reconciliation tax bill S. 949; and

WHEREAS, Current federal tax laws allow law enforcement and firefighters who retire on a disability to collect disability pension tax free; but

WHEREAS, Survivors of law enforcement officers and firefighters killed in the line of duty must pay federal taxes on the survivor’s benefits; and

NOW THEREFORE BE IT RESOLVED, That NAPO supports equal tax treatment whether an officer retires on disability or is killed in the line of duty.

RESOLVED,  On August 5, 1997 President Clinton signed into law the Taxpayer Relief Act of 1997, which included section 1528 the Survivor Benefits For Public Safety Officers Killed In The Line Of Duty.  NAPO proclaims its support of the final version of legislation that became law, which adopted the language that included fire fighters.

31.  COUNSELING FOR DISABLED POLICE OFFICERS

WHEREAS, On  September 8, 1997, Congressman James Traficant of Ohio introduced H.R.2434 in the 105th Congress to establish counseling programs for disabled police officers; and

WHEREAS, Such legislation declares that disabled police officers, retired as a result of employment-related injuries, face the  problems of acclimating to civilian life and coping with uncertainties regarding future employment and income as well as learning to live with disabilities; and

WHEREAS, With appropriate career counseling, training and education programs and scholarship programs disabled police officers can obtain meaningful employment and live productive lives; and

WHEREAS, Many disabled police officers do not seek necessary counseling services for financial reasons; and

WHEREAS, Such legislation would authorize the Attorney General of the United States to make grants for the purpose of providing free services to retired disabled police officers and such officers’ immediate family  members; and

WHEREAS, Such legislation would provide for the appropriation of $800,000 for fiscal year 1998 to establish such programs; and

WHEREAS, NAPO believes that such a program would be worthwhile and in the interest of law enforcement; and

NOW THEREFORE BE IT RESOLVED, That NAPO goes on record in support of such legislation provided that it is amended so as to provide for the impartial and competitive awarding or distribution of such monies by the United State Department of Justice and its subsidiary Bureaus.

32.  PUBLIC SAFETY OFFICERS EDUCATIONAL ASSISTANCE ACT

WHEREAS, The tragic event of a public safety officer killed in the line of duty, can be devastating to a family, causing protracted economic difficulties, especially educational opportunity for the officer’s family; and

WHEREAS, Senator Specter introduced the Federal Law Enforcement Assistance Act of 1996, known as the Degan Bill, which was signed into law during the 104th congress; and

WHEREAS, The law provides educational assistance to dependents of federal law enforcement officers who are killed or disabled in the performance of their duties; and

WHEREAS, Congressman Bart Stupak (D-MI) and Jim Ramstad (R-MN) introduced H.R. 2755 on October 28th, the Public Safety Officers Educational Assistance Act of 1998.  And Senator Arlen Specter (R-PA) and Joe Biden (D-DE) introduced companion bill S. 1525, on November 12, 1997.

NOW THEREFORE BE IT RESOLVED, That NAPO supports swift passage of S. 1525 and H.R. 2275, an expansion of the Degan Bill, that would cover all public safety officers under the educational assistance program.