March 6, 1998
 
UNION REPRESENTATIVE CONFIDENTIALITY THREATENED IN NEW YORK CASE

NAPO URGES ATTORNEY GENERAL RENO TO INTERVENE
 
Without precedent, the United States Attorney for the Eastern District of New York, Zachary Carter, and one or more of his assistants subpoenaed three union delegates of the New York City PBA who had counseled and provided assistance to several police officers accused of seriously assaulting and injuring Abner Louima, a case which has received much publicity.

The union is contractually obligated to furnish representation to police officers, and Federal prosecutors are trying to find out what knowledge the union delegates may have gained during initial meetings to arrange for representation.  Local District Attorneys have long respected this type of confidentiality and have not subpoenaed union representatives to testify.

A crucial function of labor organizations is the right to provide assistance whenever a member is accused of any type of on-the-job misconduct, and such conversations must be treated with the same type of privilege as those between attorney and client.  Compelling these union representatives to testify will irreparably jeopardize the union representative--police officer relationship, by eroding the confidentiality necessary for free and open communication.  If this precedent is not reversed, it has the potential to severely weaken the rights of both law enforcement officers and their employee organizations.  It is clearly an anti-labor violation of the First Amendment’s right to organize and associate.  It also infringes the Fifth Amendment’s right of counsel and attorney-client implications regarding the police officers belonging to the NYC PBA.

NAPO has asked Attorney General Reno to intervene and prohibit such serious anti-labor behavior and encroachments on the U.S. Constitution, or at the very least, establish a set of guidelines and special approval procedures concerning the subpoenaing of employee organization representatives before a Federal grand jury.

NAPO is extremely concerned that Mr. Carter and his staff are participating (intentionally or unintentionally) in a combined effort by local and state officials to weaken the New York City PBA and other police organizations.

Mayor Guiliani has also vowed to weaken police employee organizations and the protections conferred on police officers by eliminating a 48 hour period provided by the union contract allowing for time between an incident involving a police officer and the beginning of a departmental interrogation of the officer.

Similarly, in 1996, Governor Pataki vetoed a bill passed by the New York Legislature that would have established a testimonial privilege, allowing a police employee union delegate or representative to refuse to testify regarding communication with a police officer concerning their conduct in the course of his or her official duties.

“BULLETPROOF VEST PARTNERSHIP GRANT ACT OF 1997” UPDATE

As NAPO reported to you earlier, Representative Peter J. Visclosky (D-IN), introduced the Bulletproof Vest Partnership Grant Act of 1997, H.R. 2829, to establish a matching grant program to help State and local jurisdictions purchase armor vests for use by law enforcement departments.  The grants would be distributed by the Department of Justice, and recipients would be able to reapply every three years.

On February 4, 1998, Senator Ben Nighthorse Campbell (R-CO) introduced a companion bill, S. 1605, in the U.S. Senate.  On February 26, 1998, with a few minor amendments, the Senate Judiciary Committee approved the measure, 15-2.  If passed into law, the measure would authorize $25 million over five years in matching-fund block grants to furnish police with bullet-proof vests.

WINDFALL ELIMINATION PROVISION

Representative Barney Frank (D-MA) introduced H.R. 2549, a bill that would amend Title II of the Social Security Act, causing a direct effect on the formula used by the Windfall Elimination Provision (WEP).  The WEP affects an individual’s own Social Security if that person becomes eligible for a Federal, State or local government pension after 1985 based on work not covered by Social Security.

The WEP formula differs from the regular formula for computing Social Security benefits.  The formula unfairly over-penalizes lower paid government employees who had a career in both the public and private sector.  If this legislation passes, it has the potential to ease the burden on law enforcement officers who didn’t pay into Social Security and who worked in the private sector before or after their employment as public employees.

PUBLIC PENSION PARITY ACT OF 1997

At the beginning of the 105th Congress, Representative Bruce Vento (D-MN) introduced H.R. 372, the “Public Pension Parity Act of 1997”.  This legislation would amend the Internal Revenue Code of 1986 to address a discrepancy that currently exists between the taxation of public pensions from employment not covered by Social Security and that of Social Security benefits.

Currently, public pensions are fully taxed while Social Security benefits are not, unless an individual’s income exceeds $25,000 a year, or a couple’s income is over $32,000 a year.  If this law passes, many law enforcement officers who receive public pensions in lieu of social security would not be taxed for the amount allowed to be excluded from income from a Social Security benefit for the taxable year.
For a complete listing of NAPO’s legislative priorities, please contact Mike Troubh at the NAPO office.

NATIONAL LAW ENFORCEMENT OFFICERS’ RIGHTS CENTER ACTIVITIES UPDATE

NAPO’s Rights’ Center is currently involved in preparing an amicus curiae brief for a Denver Police Association case involving an officer who was ordered to appear and testify before a civilian review board, even though the officer had already been exonerated from any criminal liability.  We will continue to update you on the status of this case.

GRANTS AVAILABLE FOR LAW ENFORCEMENT/CORRECTIONAL OFFICERS

The Bureau of Justice Assistance announced a new program offering State and Local Training and Education Assistance Programs as part of the Local Law Enforcement Block Grants Program (LLEBG).  Funds cannot be used solely to assist an individual, the criminal justice organization must benefit as well.  No more than one-third of the total award amount may be spent on any single criminal justice system component.  The initial grant period is 24 months.

Allowable expenditures include:

• Basic, advanced and/or specialized training and educational courses
• In-service courses (refresher courses)
• Scholarships for training and/or educational courses
• Travel expenses related to attending training and/or educational courses
• Sponsoring a training course at the local or State level
• Course fees to organizations to provide training

PROPOSED NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEES WEEK

Senator Charles Robb (D-VA) recently introduced Senate Resolution 175 declaring the week of May 3, 1998 as “National Correctional Officers and Employees Week”.  The resolution was referred to the Senate Judiciary Committee for consideration.  While the House no longer considers this type of legislation, you can call your Senator to support this resolution which recognizes correctional officers and employees for their contributions to the criminal justice system.

NAPO WEB PAGE (You're already here!)

Be sure to check out the NAPO web page at www.napo.org.  You can also e-mail NAPO staff at napo@erols.com.  How about providing a link from your organization’s home page to ours or vice versa?  If you are interested, please contact Jody Hedeman at the NAPO office.

NATIONAL POLICE WEEK 1998, SCHEDULE OF ACTIVITIES

May 9, 1998 (Saturday)
Law Ride 98 - Charity Poker Run
Sponsored by the American Motorcyclist Association, call (703) 971-6844.

May 10, 1998 (Sunday)
National Law Enforcement Officers Memorial Motorcycle Ride
Proceeds go to the National Law Enforcement Officers Memorial, call (703) 241-5050.

May 13, 1998 (Wednesday)
Tenth Annual Candlelight Vigil, National Law Enforcement Officers Memorial 8:00 p.m. at the Memorial grounds, 400 Block of E Street, NW.  Everyone is welcome to attend; no tickets are required.

May 14, 1998 (Thursday)
National Police Survivors’ Seminars
Concerns of Police Survivors, call (573) 346-4911.  National Conference of Law Enforcement Emerald Societies Pipe Band March, 6:00 p.m. Holiday Inn, 415 New Jersey Avenue, NW to the National Law Enforcement Officers Memorial.

May 15, 1998 (Friday)
17th Annual National Peace Officers’ Memorial Day Services, 1:00 p.m., West Front of the United States Capitol.  Call the FOP (202) 547-1651.

May 16, 1998 (Saturday)
National Police Survivors’ Seminars
Concerns of Police Survivors, call (573) 346-4911.

NAPO NOTICE

NAPO regrets to share with you the loss of one of our members.  Ron Cannatella, President of the Police Association of New Orleans (PANO) passed away on Friday, February 20, 1998.  Mr. Cannatella made a great contribution to law enforcement.  He served on the police force for 29 years, was founder and first commander of the New Orleans Police Department Child Abuse Unit and served as a NAPO Board Member.  Our thoughts are with the Cannatella family.

Register now for NAPO’s Legal Rights and Legislative Seminar, April 19-21, 1998, Hyatt  Regency Hotel, Washington, DC.  For hotel reservations, call (800) 233-1234 or (202) 737-1234, and be sure to ask for the group rate using the account code POLI.  The cut-off date for hotel reservations is March 18, 1998.  For travel arrangements, call Lottie with Tiffany Travel, NAPO’s official travel agency, (800) 527-3392.

You won’t want to miss this seminar!  Exciting topics include:

• Discussion of current Supreme Court and appellate cases of interest to law enforcement officers
• Asserting the rights of law enforcement officers during investigations of critical and other incidents -“When the shooting is over...everything you wanted to know about how to help cops stay out of trouble,” a dramatization with experienced officers, investigators and attorneys
• Proven collective bargaining tactics during contract negotiations
• Impact of the Lautenberg Amendment on officers
• Overview of recent first amendment protected activities of officers and union representatives
• Updates on the Americans with Disabilities Act and the Family and Medical Leave Act and their implications for law enforcement officers
• Sexual harassment in the workplace
• Overview of major legislative issues of interest to law enforcement officers