March 14, 1997

HEARING HELD ON DOMESTIC VIOLENCE LAW

On March 5, the House Subcommittee on Crime held a hearing on the Lautenberg domestic violence law and legislative measures that would change its effect on law enforcement. The legislative fixes considered at the hearing were the S

NAPO favors the Stupak bill because it will allow local law enforcement agencies discretion in cases of domestic violence offenders. In his testimony Johnson stated, "The local chief law enforcement official is the best qualified to make the call

The Stupak official use amendment would allow sworn law enforcement officers to use their service weapons for on-duty use, as originally defined in the 1968 Gun Control Act. "The Stupak measure would not require any agency to hire or retain any d

The Subcommittee has both H.R. 26 and H.R. 445 under consideration however it is likely that there will be a compromise measure. NAPO remains hopeful that the Subcommittee will schedule a vote on changes to the Lautenberg law soon. We will notify you.

Again, NAPO urges all law enforcement officers to contact their Congressional delegation to urge their support of reinstating the law enforcement exception. Please keep NAPO apprised of any feedback you receive.

LAW ENFORCEMENT OFFICERS’

BILL OF RIGHTS

Senators Mitch McConnell (R-KY) and Joe Biden (D-DE) have introduced the Law Enforcement Officers’ Bill of Rights that would guarantee due process rights for state and local law police officers. S. 348 is identical to legislation introduced in the 10

NAPO supports both legislative measures in their current form and is also working in a police labor coalition to draft amendments to the Bill of Rights to make Congressional passage easier.

SUPREME COURT UPHOLDS FLSA OVERTIME FOR CERTAIN HIGHER

LEVEL PUBLIC EMPLOYEES

In the Fair Labor Standards Act (FLSA) case of Auer v. Robbins, the United States Supreme Court upheld the application of the Secretary of Labor’s "salary-test" to public employees including higher level law enforcement officers. NAPO filed

At issue in the Auer case was whether or not the City of St. Louis had to follow the Labor Secretary’s overtime regulations. These regulations state that if employees are "subject to" loss of pay of less than a full pay period for violations

The Supreme Court rejected the contention of the City of St. Louis that the salary test should not be applied in the public sector because of government’s need to impose short-term suspensions without pay on its employees without payment of overtime be

Unfortunately, the Court concluded that there was evidence of only a single two-day suspension of pay from a sergeant which was imposed under unusual circumstances. In addition, the Court concluded that the City’s disciplinary manual did not "ef

The Court’s decision will have a significant impact upon the overtime rights of thousands of higher level public employees across the country. Even though the St. Louis sergeants were not given their overtime pay, the decision constitutes a tremendous

RIGHTS CENTER INTERVENES IN TWO POLICE DUE PROCESS CASES

The National Law Enforcement Officers Rights Center filed briefs amicus curaie in two cases involving the due process rights of law enforcement officers.

NAPO’s Rights Center filed a brief in the Unites States Supreme Court case Gilbert v. Homar on behalf of former East Stroudsburg University police officer Richard Homar. Homar was off-duty at a friend’s house when the Pennsylvania State Police raided

Homar filed a suit against the East Stroudsberg University and won at the District Court level. The University then appealed to the 3rd Circuit Court of Appeals where Homar’s case was upheld. Upon the Circuit Court ruling, East Stroudsberg University

In the second case, Austin v. Neal, the Rights Center filed a brief with the United States Court of Appeals in Philadelphia on behalf of former Philadelphia Police Officer Brain Austin. Officer Austin was arbitrarily fired by Philadelphia Police Commissioner Richard Neal after his involvement in a fatal shooting incident. Commissioner Neal, under political pressure to appoint a Civilian Review Board, used the quick termination of Officer Austin in order to display to the public that the Philadelphia Police Department could police its own. Neal then successfully used Austin’s firing as evidence to lobby Mayor Rendell to veto the Civilian Review Board proposal.

Commissioner Neal’s firing of Officer Austin completely violated department directives which state the Firearms Review Board must review all investigative reports on firearm discharges, examining every fact related to an in-the-line-of duty discharge.

NAPO argued that Commissioner Neal’s decision to fire Austin completely ignored key facts and department procedures. Moreover, Neal’s decision was motivated improperly as a political tool to defeat a proposal for a civilian review board.

FCC APPROVES 311 SYSTEM

In response to a Justice Department request, the Federal Communications Commission (FCC) gave approval in February to the designation of a national three-digit telephone number for non-emergency use. The 311 number will be availab

NAPO, at the forefront of the campaign pushing for the 311 designation , cited "local law enforcement was simply overwhelmed with responding to 911 calls." At the convention last summer, NAPO delegates voted unanimously to support creation

The Justice Department filed a formal request in August, 1996 following a challenge from President Clinton to the FCC, private sector and law enforcement to find a solution to the overburdened 911 emergency system.

COMMUNICATIONS SPECTRUM

NAPO has joined with other national law enforcement groups to urge President Clinton and Congress to consider the needs of public safety radio services. The President’s budget proposes to "set aside 24MHZ of spectrum in the te

NAPO LEGAL RIGHTS & LEGISLATIVE CONFERENCE

The annual NAPO Legislative and Legal Rights Conference is rapidly approaching. Make your plans now to attend this informative and unique session in Washington. Among our prominent confirmed speakers are Professor Byron Warnken,

The conference is April 26- 29 at the Hyatt Regency Capitol Hill and a block of rooms is available under NAPO’s name.

è Make your reservations until April 2, 1997 by calling (202) 737-1234. Please call Jacki Jackson at the NAPO office for more details on the Legal Rights and Legislative conference at (202) 842-4420.

LAW ENFORCEMENT STAMP PROPOSED

On March 6, Congress passed a sense of the Congress resolution expressing the sense that a postage stamp should be issued to honor law enforcement officers killed in the line of duty. The resolution was offered by Representative B

The resolution, H.Con.Res.41 urges the Citizens’ Stamp Advisory Committee of the U.S. Postal Service to recommend to the Postmaster General that such a stamp be issued.

NAPO GAINS NEW YORK STATE DEPUTIES AND PORT AUTHORITY
(NJ/NY) SERGEANTS

The New York State Deputies Association, Inc. with 3,200 members throughout New York and the 150-member Port Authority Police Sergeants Benevolent Association both recently announced their affiliation with NAPO. The new police ass

NAPO STAFF CHANGES

After three years of service to NAPO, Beth Weaver, Director of Communications and Development, will be leaving NAPO on March 14 for the Public Affairs Office at the Department of the Treasury. Weaver will serve as a Public Affairs program and was the project director on NAPO’s police stress research.

Weaver’s replacement is Jody Hedeman, who interned with NAPO in 1994. Hedeman comes to NAPO from the Kamber Group where she has served in both the Video Production and Media Affairs Offices.