The Arizona Conference of Police and Sheriffs represents thousands of public safety officers and 96 local affiliates across the state. AZCOPS members are municipal police officers, deputy sheriffs, juvenile corrections officers, and probation officers who look to their union to further their interests through aggressive representation in the legal and political arenas.

Arizona Police & Fire Games 

With the start of the New Year that means only one thing. The 2012 Arizona Police and Fire Games are just around the corner. Online registration is now available for everything except Golf and Bowling (we are still working on securing venues for each). Just go to the azpolicegames.com main page and click on the registration link on the left side. On-line hotel registration is also available on the main page. Click on the picture of the hotel and the reservation page will pop up. Go to “Groups” at the top of the page, type in APAF and pick your dates.

This year’s raffle is shaping to be one our best. The Grand prize is a Stag Arms Model 1 AR-15, 2nd place prize is a Ruger SR22 Auto loading rifle model 1226, and the 3rd place prize is a Ruger Sr22 Pistol. Tickets will be $10 each and will be available at the host hotel during check-in registration. The drawing will be Saturday, April 14th at our boxing event – winner need not be present. So bring your extra money to help us raise money for our charities and secure your chance and increase your armory.

Remember, all Law Enforcement/Fire/Military/Active Duty/Retired/Reserve/Sworn and Non- sworn/Civilian are eligible to compete, as well as Spouses/Parents/Offspring/Siblings (18yoa & up) of eligible participants. Also, don’t forget we’re offering two new events this year: Cross fit and Karate. So, make sure you put your leave requests in and make your reservations for the 33rd Annual Arizona Police and Fire Games “Is That All You Got?!!” - April 11-14, in Tucson, Arizona.

Please like us on Facebook (azpolicegame.com -home page) and we’ll see you at the games.
Be Safe Out There.

Sgt. David Fernandez
APAF President & AZCOPS/Tucson POA member
(520) 861-9527

Attorneys volunteer time to prepare wills for AZCOPS families

AZCOPS members and their families participated in The Wills for Heroes event July 30 in Tucson. 

The Wills for Heroes Foundation, which started in April 2007, is a charitable non-profit organization based in Tucson dedicated to providing support and services to America's first responders and to assisting bar associations across the country with implementing new Wills for Heroes programs. Now in more than 20 states, Wills for Heroes programs nationwide have helped more than 25,000 first responders. 

The estate planning service was provided to AZCOPS families at no cost by 10 local attorneys, including organizer Jeffrey Jacobson. 

The Wills for Heroes Foundation was forged from the partnership of Anthony Hayes and Jeffrey Jacobson. Hayes created the Wills for Heroes program in November 2001 in response to the events of 9-11-01. The Wills for Heroes program expanded to Arizona in August 2004 where Jacobson implemented it locally. 

For information about the Wills for Heroes program, please visit www.az.willsforheroes.org.

Pinal County Deputies Association reaches agreement with County

The Pinal County Board of Supervisors on Wednesday approved the ratification of a Memo of Understanding (MOU) between Pinal County and the Pinal County Deputies Association (PCDA). PCDA is the first sheriff's association in the state of Arizona to achieve a contract of this nature. 

"This is truly an historic day for Sheriff's Office employees,especially in light of the current economy where employees and especially public employees' rights have seen one set back after another. This achievement has been a very long time in coming," said Lorraine Bethka of PCDA. "Historically, from the inception of the PCDA, this was one of the organization's highest goals."

PCDA founders including S.G. Gillen, Aubrey Keck, Rob Ellis, Robert Monashefsky, to name a few, have worked tirelessly to gain an employee contract with Pinal County, she said. The final achievement of the MOU contract was built on the shoulders of individual members like former PCDA President Troit Stowe, who helped pave the way by getting the Meet and Confer Ordinance in place in 2009, and like all the employee representatives over the years, who fought each individual battle on behalf of PCDA members. 

"This contract is the culmination of the efforts of all the courageous individuals who have had the foresight, self-sacrifice and intestinal fortitude to see that the PCDA goal of getting an employee contract in place was carried through," she said. "This contract happened because Sheriff Paul Babeu, Chief Steve Henry and Chief James Kimble worked closely with the PCDA negotiating team to arrive at language that was fair and equitable for all involved. 

"This contract happened because AZCOPS attorneys James Cool and Jennifer LaFortune brought their contract negotiations expertise to the table. This contract happened because Pinal County Manager Fritz Behring and his staff brought a willingness to listen and negotiate in good faith to the table," she continued.

As Bethka recognized the contributions of others to the Association's success, Aubrey Keck credited her for her tenacity and commitment to the union. 

"Lorraine Bethka should be congratulated and commended for her long term efforts to see this through," Keck said. "While it is true that she had help from members, legal, and AZCOPS, it was she that was the driving force, the continuity, and it was her foresight to see ahead for the members of PCDA and the employees of PCSO and their long term future that has culminated in this County / Employee contract. Thanks to her efforts, I believe PCDA is the first Sheriff's association in the state of Arizona to have achieved such a contract."

"This is only the beginning," Bethka said. "It is now up to the individual members to find it within themselves to carry this forward into the future. The ground work has been set in place."

AZCOPS joins NAPO

AZCOPS is proud to announce its membership in the National Association of Police Organizations (NAPO). Since our separation from the last organization, our Board of Directors made it clear that AZCOPS should belong to a national law enforcement organization to continue getting our voice heard at the federal level. After careful review and research, AZCOPS selected NAPO. In July, NAPO approved our application and AZCOPS is now a full member. 

NAPO is a coalition of police unions and associations from across the United States that serves to advance the interests of America's law enforcement officers through legislative and legal advocacy, political action and education.Founded in 1978, NAPO is now the strongest unified voice supporting law enforcement officers in the United States. NAPO represents more than 2,000 police units and associations, 241,000 sworn law enforcement officers, 11,000 retired officers and more than 100,000 citizens who share a common dedication to fair and effective crime control and law enforcement.
NAPO also provides membership benefits through partnerships with organizations like Ford, Hertz, Apple products, and 1-800-flowers.com.
AZCOPS is looking forward to working with the leaders of NAPO and we are excited about belonging to a national law enforcement organization that will help further our cause at the national level. Please visit the NAPO website for more information.

AZCOPS Vice President addresses Quartzite Town Council

Vice President John Stair addressed members of the Quartzite Town Council June 14 regarding the Quartzite POA’s vote of “No Confidence” in the police chief. Read his remarks.

See videos from the meeting.

See the letter from Quartzite Police Officers Association.

At AZCOPS' Request, Governor Vetos HB 2650

Status of AZCOPS bills

HB 2444 Law Enforcement; Officer Discipline

Employers must make a good faith effort to complete any investigation of employee misconduct by a law enforcement officer within 120 business days after the employer receives notice of the allegation. If disciplinary action is appropriate, the employer must give notice to the officer of intent to proceed with disciplinary action along with a proposal of the specific action sought. Signed by the Governor 4/19. 

HB 2477 Law Enforcement Officers; Witness; Representation

Law enforcement and corrections officers have a right to representation during interviews with an employer if the officer is a witness relating to an investigation that could lead to another officer's dismissal, demotion or suspension. The witness is also permitted to discuss testimony with the representative, although unauthorized release of information is subject to disciplinary action. Signed by the Governor 4/28. 

HB 2613 Peace Officer Misconduct; Reporting

The list of entities that may report instances of peace officer misconduct to the Arizona Peace Officer Standards and Training Board is expanded to include a law enforcement employee association or a group within a law enforcement agency that represents the interest of peace officers. Signed by the Governor 4/28. 

SB 1235 Law Enforcement Officers; Disciplinary Procedures

At the request of a law enforcement officer facing disciplinary action, the employing agency must provide a list of disciplinary action ordered against other officers employed by the same agency who were accused of the same or similar violations within the previous two years. If it is a county of less than 250,000 or a city of fewer than 65,000 and a change in hearing officer is requested, and the alternate hearing officer is available only through an intergovernmental agreement with another jurisdiction, the cost of procuring the alternate hearing officer shall be shared equally between the employer and the officer. Note: Now contains confidentiality language as described in SB 1260. Signed by the Governor 4/25. 

SB 1013 now SB 1615 which would transfer Capitol Police to DPS. Signed by the Governor 4/6. 

SB 1057 Law Enforcement; Disciplinary Action: A law enforcement officer who was subject to disciplinary action without just cause being established may recover all cost, including attorney fees associated with proceedings held to establish the officer's innocence. Punitive damages may be awarded by the court if it determines, by a preponderance of the evidence, that the allegations were knowingly and intentionally filed without cause. Signed by the Governor 4/26. 

SB 1260/SB 1235 which would create confidentiality between CISM members and the recipient of the service. Signed by the Governor 4/26. 

SB 1356, Evading arrest; a person who intentionally flees from a peace officer attempting to lawfully arrest or detain him commits the crime of evading arrest. Failed in House 25-34. 

SB 1368/ Previously SB 2364 "Just Cause for Probation Officers." A probation officer shall not be subject to disciplinary action except for Just Cause (defined). Passed Senate Final Reading awaits Governor's action. 

SB 1541 If a county board of supervisors requires a person engaged in law enforcement activities in that county to use "compensatory time" earned before use of earned vacation time, the policy cannot require the forfeiture of any earned vacation time. A person may file a civil action to seek reimbursement for unpaid overtime or forfeited vacation time. Failed in House 15-41. 

HB 2376 which would continue ADJC has been amended and continued to 2012 instead of 2016 as originally specified in the bill. Signed by the Governor 4/26. 

Significant Bills -- Opposed 

SB 1609 Yarbrough Retirement system Plan design. Governor Signed 4/29.

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NLEOMF's Recently Fallen Website

The National Law Enforcement Officers Memorial Fund has launched a new "Recently Fallen" website feature to report recent law enforcement fatalities.
You can now view the latest information about recently fallen officers and sign up to receive email alerts, to get timely notifications each time a law enforcement officer death is reported.
Each "Recently Fallen" officer page provides preliminary officer fatality data, and a snap shot of recent trends in law enforcement fatalities. This information is vital to improving officer safety in the hopes of reducing the total number of officer fatalities each year.

Update on pension issues

(Posted: Feb. 14, 2011)

As many of you are aware, the Legislature has made pension reform a priority in this session. AZCOPS has participated in a number of meetings over the past several months, dedicated to protecting members interests. 

The one fact that we can all agree on is that in the present form, pensions are not sustainable. Earlier this week, Speaker of the House Kirk Adams revealed his plan for legislative consideration. The summary is outlined below. What is clear is that these changes have not been made with the support of most in the Legislature and this proposal is viewed as unilateral in nature. Also, as reported in recent bulletins, stakeholders have been meeting for the last several weeks to resolve a strategy that would be acceptable to all assembled parties. Senator Yarbrough, R-LD 21, has been chairing these meetings and as of Feb. 9, several options had been discussed and the Senator advised the group that he would be releasing his proposals Feb. 17, via a "striker" bill (an unrelated bill moving in the legislature whose language will be struck and replaced) SB1316. 

As of this writing, the components of the discussed options diminish current and retired member benefits and therefore violate both the AZ Constitution and case law. Discussed primarily during these meetings has been the structure of the PSPRS plan with the knowledge that as PSPRS goes, so will proportionate changes to CORP and of a lesser concern to our members, EORP. Independent of these stakeholder meetings and Speaker Adams' proposal, Representative Rob Robson has also introduced legislation, HB2199 and 2200 which are currently not moving. These, too, affect current active and retired members. 

For PSPRS: Senator Yarbrough has listed one proposal -- "Plan B" states that for Current pension participants: Once the pension investments exceeds 11%, of that .25% of the excess would flow into the COLA reserves. Also members would see their contribution rate increase by 6.5% over 4 years. Further "return to work "retirees would have to pay into the system.

New Hires in this plan would see the greatest change. To include Normal retirement 52.5 @ 25 years of service, 5 year final average compensation, pay is limited to 100 K per year among others changes. These adjustments in combination are projected to allow the fund to recover to 80.9% by 2030 while employer contribution rates will hit 31.3%.

Plan C: For Current members: the first 2 years will see no inflow in to the COLA reserves with half of the excess return to reduce impact of current member increases. The current reserve balance will be paid out. In the 3rd year the current COLA program will resume with .25% of the investments over 11% dedicated to the COLA reserve. Additional 4% phased in over 4 years and return to work individuals will not pay into the system. For New Hires : Normal retirement age 52.5 with 25 YOS, 5 year annual compensation, no drop, return to work do not pay, no employer match on refunds, additional 6% contributions over 3 years, current Cola 11% threshold with .25 into COLA reserves. This plan projects 77.9 funding and an employer contribution rate of 32.8% by 2030. 

For CORP Plan A. , the proposed changes, although in violation of contractual agreements, will see the least change to include ½ % member contribution increase, a COLA triggered by the system reaching 70% funded levels, 5 year FAC, while new hires will see retirement at age 52.5 with 25 years of service.

Plan B calls for a change in COLA with .25 % above 11% investment profit going to the COLA reserve, return to work, employer pays. New Hires would see the biggest change with the retirement age moving to 52.5 at 25 years of service. 

These proposals are subject to change over time and possible hybrid combination. What Senator Yarbrough is seeking, it appears, is a baseline to work from as these bills move through the legislature. 

HB2726 Speaker Adams: Retirement Systems; Plan design

Various changes to the plan design for all four state retirement systems, including: changing eligibility criteria for normal retirement; repealing COLAs; eliminating early retirement and reducing retirement calculators for members of the Elected Officials Retirement System (EORP); eliminating the Deferred Retirement Option Plan election and increasing member contribution rates for members of the Public Safety Personnel Retirement System (PSPRS); eliminating refunds of contributions made by members of EORP, PSPRS and the Correction Officers Retirement Plan (CORP) who terminate after completing five but before 10 years of service. The salary on which the retirement benefit is based for members of EORP, PSPRS and CORP is changed to the highest average salary during a five year period (currently 3 years). Many changes are retroactive to July 1, 2011, and thus are effective for new hires as of that date. Severability clause (if some parts of the legislation are found to be illegal, it will not render all illegal).

AZCOPS President 'sickened and saddened' by news of today's shooting

TUCSON -- The President of the Arizona Conference of Police and Sheriffs (AZCOPS) said this afternoon that he is “sickened and deeply saddened” by the shooting this morning of U.S. Rep. Gabrielle Giffords, D-Tucson, and others at a Tucson grocery store.

“The thoughts and prayers of the Association’s more than 8,000 members are with Rep. Giffords, her family, her staff, and the victims and families of others who lost their lives or were injured today,” said Larry A. Lopez. “Today is a sad day for Arizona, but we are relieved to hear that Rep. Giffords is expected to survive the attack.”

Lopez, who also serves as President of the Tucson Police Officers Association, said since her first election to the Congress in 2006, Rep. Giffords has been a “good friend to law enforcement.

“Especially in Southern Arizona where she has time and again used her influence in Congress to see that law enforcement officers have the tools we need to do our jobs,” he said. “Public safety has been a top priority for Rep. Giffords, which is why AZCOPS endorsed her for Congress in the past three elections.”

Lopez said Rep. Giffords was instrumental in obtaining a grant from the U.S. Department of Justice in fall 2010 to pay the salaries of 50 Tucson police officers. At the time the $12.3 million grant was announced, staffing in the Tucson Police Department was at 1998 levels, and violent crime was at an all-time high. Lopez said when Rep. Giffords learned city leaders were considering laying off officers to save money, she advised them to look elsewhere to cut the budget.

“Then, she went to the Justice Department and convinced them that our need was great,” Lopez said.

In a press release shared with AZCOPS, Rep. Giffords said, “persuading the Justice Department that Tucson should receive this badly needed funding has been very important to me. Police officers go to work every day and put their lives on the line for their fellow citizens. I am proud to be able to help my hometown obtain crucially needed funds to assist these dedicated public servants.”

“Before Rep. Giffords got involved on our behalf, the city of Tucson was faced with the prospect of having a police force the same size it was in 1989 when 200,000 fewer people lived in the city,” Lopez said.

Lopez said Rep. Giffords was also instrumental in persuading the Legislature to change course when the Governor and some state lawmakers decided last year that the Department of Juvenile Corrections should be closed.

“Recognizing the threat to public safety and officer safety, Rep. Giffords intervened and urged lawmakers to say no to the plan,” Lopez recalled. “There have been so many times when she has opened her door to us, listened to our concerns and worked tirelessly on behalf of a safer Arizona,” he said.

“AZCOPS members statewide have been notified about today’s tragic events and our thoughts and prayers will remain with Rep. Giffords, her family and her staff, as well as the other victims of today’s shooting.” Back to top 

Our Pensions are Under Attack 

A Letter to AZCOPS Members from President Larry A. Lopez

Dear Members,
As most of you are aware, there has been a lot of discussion and debate, both in some legislative ranks and media outlets, about pension plans within the public safety sector. Those reports have been exaggerated to give the general public the impression that the vast majority of public safety officials are retiring with huge, over-the-top pensions. We all know this not to be true, but nonetheless this is causing some politicians to demand changes to the systems. We all know that when politics get in the way of facts and reality, we have our work cut out for us.Earlier this month, with political pressure mounting from “public outcry” (the media and anti-labor groups) the PSPRS Board proposed the following recommendations to go before the legislature:

New Hires

• Minimum of 25 yrs. of service and age 52.5 for “normal retirement.”
• If 25 years of service but less than 25 years of “credited service,” pension amount reduced by 4% for each year of credited service under 25 years.
• “Highest five consecutive years” of compensation for benefit calculation.
• Contribution rate – same as for current actives.

Current Actives

• DROP Modifications for actives not yet in DROP
• Employee/Employer contributions required on DROP salary.
• Interest rate credited to DROP accounts equal to one-half of the actual rate of return of the Plan for the preceding fiscal year, subject to a maximum equal to the actuarial assumed rate of return (currently 8.25%) and a minimum of 2%.
• Employee/Employer Contribution rate – 1% per yr. increase each of next four yrs. beginning FY’12 but with “maintenance of effort” provision so that employer rates do not automatically go down with no net gain for the Plan. Following FY’15 and once the aggregate employer rate accounts for no more than two-thirds of the total required contribution rate, the employer and employee contribution rates shall be maintained in a two-thirds to one-third proportion, subject however, to a minimum employer rate of 8% (except for employers whose rate is currently less than 8%; theirs would be a minimum of 5%) and a minimum employee rate of 7.65%.

Post-Retirement Adjustment Mechanism (The “Reserve”) for Current & Active

• If Funding Ratio (at mkt. val.) is > 70% but < 80% In-Flow of “excess return” assets would be limited to 50% of what the In-Flow would otherwise be.
• If Funding Ratio (at mkt. val.) is 70% or < NO New In-Flows.These recommendations where approved by the PSPRS Board with very little input from public safety organizations, and with very little regard to our concerns. It was apparent to us that the Board had made up their mind and was moving on. We, however, had a different plan.Following that PSPRS meeting, leaders of the major public safety groups agreed to meet and discuss our ideas and concerns. In attendance were leaders from the Arizona Conference of Police and Sheriffs (AZCOPS), Arizona Police Association (APA), Arizona Fraternal Order of Police (AZFOP), and a coalition group made up of public safety retirees. We all agreed to set our political differences aside and work together with the understanding that this issue is bigger than all of us.After several meetings over the last three weeks, our unified group of public safety association leaders unanimously agreed to the following on December 28, 2010:
1. A firm commitment to oppose any diminishment of benefits for current PSPRS retirees and currently working PSPRS active officers, including opposing significant changes to DROP.
2. An agreement to cooperatively examine the actuarial options of establishing a 2nd tier of benefits for PSPRS members to be hired in the future – new hires – in an effort to achieve the goal of the retirement system becoming 80% funded over a 20 to 30 year period. The elements included in the 2nd tier for new hires include:• 20 year retirement at 50% using a 5 year Final Average Calculation (FAC).
• Use a 2% escalator for all years above 20 years of service.
o The benefit at 25 years would be 60%.
o Establishing the maximum retirement benefit of 70% at 30 years of service.
• Increasing the new hire contribution rate by 2%.
• Require new hire DROP benefit participants to continue to pay employee contributions into the system.
• Employers would also pay contributions for DROP participants at a lower rate fixed at the new hire rate base salary scale rather than on the actual wages earned by the participant.
• Set the eligibility to receive post-retirement benefit increases (sometimes referred to as a retiree COLA increase) at age 52 and must have been retired for 2 years, excluding officers on disability.Our unified group is not naïve to believe based on the political climate that some changes aren’t imminent, but we are strongly opposed to the current PSPRS legislative recommendations. If these recommendations were to become law, there is no doubt that both the Elected Officials and CORP retirement pensions would follow suit.We continue to remind the PSPRS Board that any attempts to change the existing plan or diminish our benefits would be unconstitutional under Arizona law, and will be met with robust legal challenges from our public safety groups.In the meantime, our unified leadership group will continue to work together with our attorneys and lobbyists to educate the new legislature on the reality of the issue. We will keep you updated as we continue forward. Thanks and stay safe. Back to top

AZCOPS salutes the following elected officials: CD8 Gabrielle Giffords HOUSELD2 Tom Chabin (D) LD7 David Smith (R) LD 12 Jerry Weiers (R) LD 16 Ruben Gallego (D) LD 18 Ed Ableser (D) LD 22 Eddie Farnsworth (R) LD23 Frank Pratt (R) LD 24 Lynne Pancrazi (D) LD26 Vic Williams (R) LD29 Daniel Patterson (D) SENATE LD15 Kyrsten Sinema (D) LD 17 David Schapira (D) LD23 Andy Biggs (R) 

AZCOPS leaders recently met with Arizona State Retirement System Administrator James Hacking for a presentation and discussion about public safety benefits. Front row from left are Joe Glen of Pima/Maricopa Juvenile Corrections, AZCOPS Government Relations Director Luis Ebratt, and James Hacking. Back row from left are Jason Hathcock of AZ Probation Officers Association, AZCOPS Vice President John Stair, and Mike Gurr, John Strader and Jason Winsky, all of Tucson Police Officers Association. Back to top
 

Rep. Giffords announces $12.3 million grant for Tucson Police Department

U.S. Rep. Gabrielle Giffords announced recently that the City of Tucson will receive a $12,375,850 grant from the U.S. Department of Justice to pay for the salaries of 50 Tucson police officers."Persuading the Justice Department that Tucson should receive this badly needed funding has been very important to me," Giffords said. "Police officers go to work every day and put their lives on the line for their fellow citizens. I am proud to be able to help my hometown obtain crucially needed funds to assist these dedicated public servants."Before the grants were announced, Giffords spoke with Bernard Melekian, director of the Justice Department's Community Oriented Policing Services Office, strongly urging him to fund Tucson's request. Tucson Mayor Bob Walkup said he was "thrilled to death" that Tucson was selected for funding."I am extremely grateful for the award of this grant in these critical times," Walkup said. "It truly is coming at a critical time for Tucson as we face budget cuts and might be forced to lay off police officers." The Tucson Police Department has 1,113 authorized positions for sworn police officers, but has only 976 officers on the job, said Rick Prater, finance manager for the department. The 137 vacancies cannot be filled because of budgetary problems. Staffing in the department now is at 1998 levels, said AZCOPS President Larry A. Lopez, who also serves as president of the Tucson Police Officers Association. With a hiring freeze in effect and an additional 60 officers expected to resign or retire this fiscal year, the department was facing the prospect of having a force the same size it was in 1989, when 200,000 fewer people lived in the city, Lopez said. "This is very exciting news," Lopez said of the federal funding, "but this is just the beginning. We have a long way to go to maintain our staffing." Lopez noted that even with the federal grant, it is essential that city voters approve a half-cent-per-dollar sales tax increase on Nov. 2. That measure, Proposition 400, is the only way that adequate police staffing will be maintained, Lopez said. "We thank Congresswoman Giffords for her strong support of law enforcement," Lopez added. The Tucson Police Department was one of 379 law enforcement agencies nationwide to receive a total of $298 million in Community Oriented Policing Services Hiring Program grants. The grants go directly to law enforcement agencies to hire new or retain career law enforcement officers to increase community policing capacity and crime prevention efforts.The grants provide 100 percent funding for entry-level salaries and benefits for three years for newly-hired, full-time sworn officer positions or for rehired officers who have been laid off or are scheduled to be laid off as a result of budget cuts. Tucson's grant will pay for 50 police officers. Competition for the grants was exceptionally competitive. The Department of Justice received 4,590 applications seeking more than $2.3 billion in resources. "We're getting the lion's share of the funding coming to Arizona," Giffords said of the grant to Tucson. "Public safety is the most important function of government and this money will make the people of Tucson safer." Statewide, Arizona police agencies received funding for 58 officers with 50 of those in Tucson. The City of Yuma received funding for five officers and police departments for the Pascua Yaqui Tribe, Eloy and Pinetop/Lakeside each received funding for one officer. Back to top

Pinal County Management violates Meet & Confer Ordinance

(Posted: Sept. 14, 2010)
Pinal County's paid negotiator Greg Fretz, a Phoenix real estate agent, demanded last week to have Pinal County Deputies Association President Dave Hausman ejected from the third bargaining session and shut down negotiations because Fretz did not want the sessions tape recorded.

Last week, the Pinal County Deputies Association (PCDA/AZCOPS) met with the Pinal County Management Team in the third bargaining session. Fretz demanded that Hausman be removed from the meeting room or he and the County would not negotiate. Pinal County Human Resource Director Mike Arnold and AZCOPS General Counsel Martin Bihn exited the room along with Hausman.

While they were outside the room, Fretz, in the name of the County, demanded that PCDA halt digitally recording the bargaining session proceedings. PCDA had recorded the prior two sessions and had offered to provide copies to County Management. Fretz, speaking for the County, rejected the offer and demanded that the County's own notes, which were prepared by Fretz' wife, be deemed the official transcript of the proceedings. Fretz' wife is not an employee of Pinal County and has no standing to participate in any way in the negotiations. Her notes were cursory, incomplete and one-sided. They reflected only what the County wanted.

Since recording of bargaining sessions is not prohibited under the Pinal County Meet and Confer Ordinance, PCDA said it would record the sessions to ensure an accurate and unbiased record of the proceedings. Our questions to the County and its paid negotiator were, "What are you afraid of? Are you planning to lie to us and don't want to be caught on tape? Are you afraid of the truth? Why don't you want transparency in your dealings with your employees when you say that transparency in government is one of your major goals?"

Fretz, speaking for the County, refused to participate in any further negotiations and cancelled all future bargaining with PCDA.

This comes on the heels of the County changing pre-scheduled bargaining session meetings because Mike Arnold is taking a two-week trip to Europe and can't or won't appoint someone to sit in for him. And, suddenly the Board of Supervisors meeting room is not available at the times/dates originally scheduled.

When Sheriff Babeu was contacted by PCDA and told that there were venue scheduling problems with the Board of Supervisors hearing room, he offered to hold bargaining session meetings at the Florence Sheriff's Office facilities.

PCDA will not let this rest. Our next bargaining session is scheduled for Oct. 14. We have full confidence that the Pinal County Administration will come to its senses and will bargain in that session once the Pinal County Superior Court puts an end to the gamesmanship.

PCDA/AZCOPS is filing a declaratory action asking a judge to review the ordinance, to issue a declaration that Pinal County has violated PCDA members' and Hausman's rights under the ordinance and order Pinal County back to the bargaining table. We expect an order to show cause to be issued shortly and we will apprise everyone of the date and time of the hearing. Given Pinal County's blatant violations, we expect this matter to be wrapped up in time to continue bargaining as scheduled.

You can listen to the audio recording of the above events by going to www.pinaldeputies.com. Back to top

Pima County Sheriff's Deputy acquitted of all charges

(Posted: Sept. 12, 2010)On Sept. 8, a jury deliberated for only two and one-half hours before returning a verdict of not guilty for a former Pima County sheriff's deputy who was charged with two counts of sexual assault. This came as a result of a retrial of the case that was first tried in February. The first trial ended in a mistrial due to juror misconduct.

The original charges stemmed from an off-duty sexual encounter between the deputy and a female sergeant in the same agency. Three days after the incident, the female sergeant appeared at a Tucson hospital claiming the deputy had raped her. The sergeant was interviewed by detectives from the Tucson Police Department Adult Sex Crimes Unit where she gave a full statement. In the months following this interview various members of the Tucson Police Department urged the Pima County Attorney's Office not to charge this offense. Citing numerous discrepancies in the accuser's account of the events, and the fact they had a long-time on and off relationship the Tucson Police Department investigators strongly felt that this case should not be prosecuted.

In spite of the investigator's recommendations, a certain over-zealous Deputy County Attorney took this case to a Grand Jury, excluded all Tucson Police personnel and managed to get an indictment against the deputy.

AZCOPS Attorney Mike Storie was retained to handle the case and prepped it for trial. The first trial took place in February. During jury deliberations one of the jurors suddenly revealed that she herself had been the victim of a sexual assault. This caused a mistrial in the case. It was later learned that the jury was leaning toward acquitting the deputy during their limited deliberations.

The retrial started on August 31. As our deputy was testifying, the Judge suddenly halted the proceedings and summoned the lawyers to the bench. The Judge was upset by the conduct of one of the spectators. And this was no ordinary spectator. The person drawing the Judge's ire was the head of Pima County SO's Internal Affairs Department. Apparently the IA Lieutenant had been "mad dogging" our deputy as he testified and had been vigorously nodding her head and muttering under her breath. The Judge refused to tolerate this conduct and kicked the Lieutenant out of the courtroom and banned her from all further proceedings in the matter.

On Sept. 8, after six grueling days, the jury got the case. After deliberating less than three hours, the jury returned a unanimous verdict of not guilty on both accounts of sexual assault.

Between the first and second trials the Pima County Sheriff's Department terminated our deputy after adopting the accuser's version of these events in full. The appeal for this termination is scheduled to take place on Oct. 5 in front of the Pima County Law Enforcement Merit System Council.

AZCOPS legal team of Mike Storie and Natasha Wrae are looking forward to presenting this case in front of the Merit Council. Back to top

AZCOPS pledges funds for NLEOMF

From left, AZCOPS Vice President John Stair and President Larry A. Lopez.

On August 29, AZCOPS President Larry Lopez presented John Shanks of the National Law Enforcement Memorial Fund (NLEOMF) with a pledge of $100,000. Larry made the presentation at the annual National Coalition of Public Safety Officers (NCPSO) National Training and Leadership conference in San Diego. Larry shared the commitment AZCOPS has with this worthwhile cause. He encouraged the assembled group of public safety officers to contribute and get involved in whatever way possible. Back to top

Attorney who represents officers will only work with AZCOPS members

Dear Pinal County Deputies Association Member:It has been my honor and privilege to represent the Pinal County Deputies Association and its members for the last 10 years. During that time, I have represented at least 50 PCDA members involved in shootings (most recently Deputies Bagwell, Puroll, Rankin and Lopez), merit commission hearings, AZPOST issues, and a variety of other employment matters.

One common thread running through all of my PCDA cases has been the unwavering support for each PCDA member by AZCOPS and its Legal Plan. As you may not know, the AZCOPS plan has no monetary limits. This means that AZCOPS will always spend whatever it takes to ensure that we have all the resources necessary to provide you with the best possible representation. And, with its $2.8 million war chest, AZCOPS can make good on its promise to protect its members for a long time to come.Because AZCOPS is the finest plan going, our firm will only represent AZCOPS members and will not work for any other legal plan. My loyalty is to AZCOPS and PCDA because of their proven track record for protecting Pinal County Sheriff's Office employees. I have made my choice and I urge you to do the same.I look forward to the opportunity to continue to serve you as your AZCOPS legal representative. Thank you.Very truly yours,
Denis M. Fitzgibbons
1115 E. Cottonwood Lane - Suite 150 - Casa Grande, AZ 85122-2950
Website: www.fitzgibbonslaw.comBack to top

Pinal County Deputies Assn. names new President

(Posted: August 23, 2010)Pinal County Deputies Association recently announced the Board's appointment of Sgt. Dave Hausman to the position of President.

Hausman, an 18-year veteran of the Sheriff's Office, is the PCSO Criminal Investigations Bureau Homicide Sergeant. He has served in that capacity for the past five years. He has been a member of PCDA for 13 years.

PCDA Board Member Robert Monashefsky, speaking of Dave Hausman's appointment as President, said, "Sgt. Dave Hausman has been a dedicated and active member of the Pinal County Deputies Association for the past 13 years. He has been serving on the Board of Directors for the Association for the past six months. In that capacity, he has been actively working with the Meet and Confer Bargaining Committee as it enters negotiations with the County Board of Supervisors."

Monashefsky added, "Dave brings maturity and common sense to the office of President. He knows how to professionally negotiate to get things done, partly as a result of his experience as a negotiator on the PCSO SWAT Team where he was actively involved for the past 10 years."

"I will work very hard on behalf of PCDA members," Hausman said. "We will be pursuing Meet and Confer with the County and opening communications with Sheriff Babeu. In fact, Sheriff Babeu and I have spoken and he has opened the door to meetings between him and representatives of PCDA.

"We have begun the process of updating the PCDA Bylaws. At the August meeting, a committee was approved to begin work on the Bylaws," he continued. "Under the very able leadership of Deputy Ben Cook, we are in the process of building a new website that will be more interactive for members. It should be up and running in the next couple of weeks. Meanwhile, if you need to reach PCDA, you may contact Secretary Lorraine Bethka or me." Back to top

City of Maricopa Police Assn. will hold fundraiser to help families of wrongfully terminated officers  

(Posted: August 10, 2010)
In an effort to more purposefully promote its values of integrity, consistency and service, members of COMPA have developed an initiative to support accountability and combat corruption within the City of Maricopa and its Police Department. The initiative, given the acronym O.H.A.N.A. stands for Officers Holding Administration Nonfeasance Accountable. Ohana is a Hawaiian word meaning family, and is used to describe members of a group with strong relationships and like principles. O.H.A.N.A. was also chosen in honor of the service and leadership of former COMPA President Aki Stant who was recently wrongfully terminated by the City of Maricopa Police Department. O.H.A.N.A. is positioned to hold accountable those members of City and Department Management who have continually failed to properly do their job! For over a year, COMPA has fought diligently to expose incidents of violation of policy and law by police supervisors and managers and taken its concerns and discontent with such impropriety to city leaders. Seeing little more than excuses, cover-ups, ignorance and retaliation in return from Management, COMPA is moving forward to the community it honorably serves.O.H.A.N.A. has begun to plan several activities to promote awareness within the City of Maricopa and to assist families of wrongly terminated police officers in the City of Maricopa. In order to raise funds to that end, COMPA is holding a car wash event beginning at 7 a.m. Saturday, August 14, at the Auto Zone,  20886 N. John Wayne Parkway in Maricopa.O.H.A.N.A. has also opened a donation account with the Maricopa branch of Wells Fargo Bank:
Acct name: O.H.A.N.A.
Acct #: 5918297465Join us on Facebook for The Mahalo Movement:
Join our O.H.A.N.A. and support others in Maricopa who demand accountability from City and Police Department Management!  Back to Top

Pinal County Deputies hold first bargaining session with County

From left are AZCOPS President Larry A. Lopez, Benjamin Cook, Lorraine Bethka, Ann Robinette, and AZCOPS General Counsel Martin Bihn.

(Posted: August 4, 2010)
Pinal County Deputies Association (PCDA) met August 2nd with Chief Steve Henry, Assistant County Manager Manny Gonzalez, Human Resources Manager Mike Arnold, and others to open negotiations on the first ever Memo Of Understanding (MOU) with Pinal County.

In addition to PCDA lead negotiator Lanie Bethka, Deputy Ben Cook and Anne Robinette also participated. Detention representative Kevin Keck was unable to attend due to an illness in the family. AZCOPS president Larry Lopez and AZCOPS General Counsel Martin Bihn supported PCDA at the bargaining table.

The purpose of this first meeting was to establish bargaining ground rules and a negotiation schedule for the parties. Bargaining sessions are scheduled to take place in a monthly series of meetings, beginning August 19. 

This first bargaining meeting followed two intense, joint PCDA and AZCOPS planning sessions in Tucson over the past month. The PCDA Board met with Lopez, Bihn and John Doran, the executive director of the National Coalition of Public Safety Officers, to plan PCDA bargaining strategy. These meetings built on the past six months of preparation by PCDA in identifying issues to be addressed in the MOU.Bargaining will begin with subjects that are permissive and will then move to economic issues later in the fall when PCDA and AZCOPS are able to review quarterly county revenue figures and other financial data.

Because PCDA has reserved the right to bring different members to the table to negotiate different issues, PCDA has a place for you if you want to be a part of these negotiations! Remember, participation in bargaining is duty time, and you will be compensated so long as you participate during your regularly scheduled work time.If you have an issue that needs to be addressed or you want to get involved with this process please contact (Lorraine) Lanie Bethka. Back to top 

Pinal County Deputies Association kicks off MOU bargaining for 2010-2011

(Posted: July 26, 2010)On July 16, the Pinal County Deputies Association (PCDA) served its notice to initiate Meet and Confer Bargaining on the Pinal County Manager.

The PCDA's notice started the clock on county management which has 10 business days to meet and initiate bargaining. The PCDA anticipates meeting with county management next week to hammer out an agreement on a bargaining schedule and other ground rules.

The Pinal County Meet and Confer ordinance provides for bargaining on the following topics:

(1) Salary, wage rates, and shift differential.
(2) Overtime, compensatory time, On-Call Pay, and Professional Certification pay.
(3) Paid time off, including sick leave, vacation leave, injury leave, bereavement leave, jury duty leave, and holiday leave pay.
(4) Access to public portions of County facilities and to non-public areas to meet with employees and conduct employee organization business.
(5) Dues deduction.
(6) Other items mutually agreed upon by the authorized employee organization and County Manager.

Remember, the PCDA will be negotiating for everyone in the bargaining unit which was defined in the ordinance as: "All sworn deputies and detention officers, up to and including the rank of corporal and adult detention officers up to the rank of corporal, Dispatchers, Evidence Technicians, and Identification Technicians."

For the last six months, PCDA has been soliciting input from employees and has developed a preliminary list of issues to be addressed in bargaining.

If you have additional ideas, suggestions, requests and/or you want to get involved, please send email to PCDA. Back to top

AZCOPS endorses five candidates for El Mirage City Council

From left are candidate Lynn Selby, AZCOPS Vice President John Stair, AZCOPS Vice President to Corrections Tixoc Munoz, candidate Jack Palladino, AZCOPS President Larry A. Lopez, mayoral candidate Lana Mook, candidate Jim McPhetres, candidate Joe Ramirez, and AZCOPS Organizer Chris Currie.(Posted: July 26, 2010)
AZCOPS endorsed a slate of candidates for the El Mirage City Council last week after a lengthy meeting where Association leaders asked questions about where the candidates stood on issues of concern to local police officers.

Lopez said AZCOPS members in El Mirage are concerned about various issues, and are looking to support elected officials who will put public safety first.

"When times are tough, communities need to know that their elected officials will look out for their safety first. In El Mirage, we believe this slate of candidates will listen to their police officers when it comes to public safety issues," Lopez said. Back to top 

AZCOPS Legal responds to shooting at University of Arizona

(Posted: May 28, 2010)
AZCOPS Legal responded quickly last week after an officer at the University of Arizona was forced to use his weapon to protect someone.

On May 21, the officer was forced to defend a woman who was being threatened by another woman armed with a large butcher knife. The subject ignored all warnings and orders to drop the weapon, forcing the officer to discharge his weapon. The woman suffered non-life threatening injuries.

Within minutes of the incident, Association leaders contacted AZCOPS Attorney Mike Storie who came to the scene and guided them through the initial stages of the investigation. Association leaders remained with Storie and the officer throughout the investigation and the interview process.

"When a member is involved in a shooting, AZCOPS attorneys respond immediately," said AZCOPS President Larry A. Lopez. "We stand by our members every step of the way. That's why officers trust AZCOPS to represent them."  Back to top 

AZCOPS members should VOTE YES on Prop 100

(Posted: April 30)
Arizona voters will go to the polls May 18th to consider raising the state sales tax by 1 cent per one dollar -- a tax that will generate funds for public safety.

AZCOPS President Larry A. Lopez said law enforcement families should support Proposition 100 because the revenue it generates could save the jobs of hundreds of officers across the state.

If adopted by voters, Prop 100 would temporarily increase the state sales tax for three years starting June 1. In most cases, that would mean an increase from the current 5.6 cents per one dollar to 6.6 cents per one dollar. According to the Secretary of State, revenues would be accounted for separately in the general fund and would be used for the following purposes:

* Two-thirds for public primary and secondary education.
* One-third for health and human services and public safety purposes.

"That means prisons stay open, corrections officers stay on the job, and felons stay where they belong," Lopez said.

The Joint Legislative Budget Committee estimates the tax will increase state sales tax revenues by $918 million in the first year, $968 million in the second year and $1.06 billion in the third year."No one wants to pay higher taxes, especially during hard times. But the truth is that these revenues are needed now to keep schools open and criminals behind bars," Lopez said.

"In my mind, this really is a public safety issue," he said. "Without the additional revenue, officers will lose their jobs and leave shifts short-handed at a time when crime is up across the state."

Learn More about the Temporary Sales Tax    Back to top

AZCOPS is Gold Sponsor of Arizona Police and Fire Games

(Posted: March 25, 2010)
For the second year, AZCOPS is a Gold Sponsor of the Arizona Police and Fire Games May 5-8 in Tucson. The event is co-hosted by the Tucson Police Department and Tucson Fire Department. The competition assists in improving the fitness levels of the competitors while providing an outlet for stress and an atmosphere of camaraderie among the public safety community -- both commissioned officers and civilians. More than 1,200 competitors will travel from across the country and Canada to participate in some 20 contests in Arizona.The Games are the result of a year-round effort by the Arizona Police Athletic Federation, a 501(c)3 non-profit organization founded in 1978, to coordinate the Games in various locations throughout the state of Arizona every year. The Games are completely funded by application fees and sponsor donations.The following events will be featured in this year's Games: Archery, Baseball, Basketball, Bass Fishing, Bowling, Boxing, Darts, Flag Football, Golf, Horseshoes, Paintball, Pistol-3 Gun, Pistol-Combat, Pistol-PPC, Poker, Powerlifting, Sniper Rifle, Soccer, Softball, Track and Field, Cycling-Road, Cycling-Mountain, Rifle-Small Bore, Rifle-High Power, Benchpress, and Ultimate Frisbee.The host hotel for the Games is the Holiday Inn, 4550 S. Palo Verde in Tucson. Most venues are within a five-mile radius of the hotel with a number of events being held on site. The hotel is offering reduced rates for competitors.To learn more about the Games, eligibility, registration fees and schedule of events, visit the website.  Back to top

Police union seeking judgement against City, City Manager

(Posted: March 10, 2010)
March 8, 2010 | InMaricopa.com
The City of Maricopa Police Association is preparing to file for summary judgment in a suit it filed in October 2009 against the Maricopa City Council and the city manager. Editor's note: Richard S. Cohen, an attorney representing the city of Maricopa, responded to COMPA's petition for summary judgement.

“We are working on the paperwork and should have the petition for summary judgment filed by early this week,” said COMPA’s lawyer, Martin Bihn.
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