Fraternal Order of Police Florida State Labor Council Office of General Counsel ALAN S. DIAMOND, Esq.

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1 Fraternal Order of Police Florida State Labor Council Office of General Counsel ALAN S. DIAMOND, Esq. I would like to take this opportunity to say how honored I am to be serving as your General Counsel. I can assure you that I will strive to continue the good work in representing our members as all the past General Counsels have done. The General Counsel s Office has been very busy and below are some of the cases that the office is handling. LEGAL ISSUES The General Counsel s Office is responsible for the below cases: There are no legal issues pending in General Counsel s Office. ARBITRATIONS An arbitration is pending with the Ocala Police Department Lodge the City has refused to pay wage increases in accordance with the CBA. This arbitration case has been scheduled for December 16, An arbitration is pending for an Ocala Police Department Lodge 129 member who was terminated for testing positive for a controlled substance. The issue is the CBA states that the Chief of Police may order the member to give a urine sample if there is reasonable suspicion. In this case the order to give a urine sample came from a Sergeant and not the Chief which is a direct violation of the CBA. The arbitration is scheduled for December 17, The Town of Davie Police Department Lodge 100 is refusing to pay bargaining unit members their assignment pay in accordance with the CBA. The arbitration has not been scheduled as of this date. Also, in the Town of Dave Police Department Lodge 100 (Civilians) the Town terminated a civilian for failing to obey a direct order. The issue in contention is the Captain countermanded the order then lodged a complaint against the member which led to his termination. An arbitration is pending with the Broward Sheriff s Office Correction Lieutenant s Lodge 53 where the Sheriff s Office issued a written reprimand to a bargaining unit member for making a supervisory decision that they did not agree with. The arbitration has not been scheduled as of this date West Eau Gallie Blvd. Suite B Melbourne, FL Phone Fax

2 OFFICER INVOLVED SHOOTINGS (OIS) The State Attorney s Office in Escambia County just issued its finding that an Officer of the Pensacola Police Department Lodge 75 use of deadly force in a fatal shooting was justified and there was no basis for criminal charges. A Lauderhill Police Officer Lodge 161 discharged his firearm at a vehicle which pulled out from a parking space and drove directly at him. The vehicle was occupied by three (3) B/Ms who were fleeing from an earlier Burglary of a Dwelling. Ultimately the driver of the vehicle, who was non fatally injured, was charged with Aggravated Assault on a LEO, Burglary of a Dwelling, and Grand Theft. After a thorough investigation by the Broward Sheriff's Office, the Broward SAO recently closed the case after determining the Lauderhill Police Officer s discharge of his firearm was justified. The State Attorney in the 18 th Judicial Circuit in Brevard County cleared two Titusville Police Officers of any wrong doing arising out of a fatal shooting. Two members were involved in an altercation with a suspect in the parking lot of a bar in the city. After refusing to comply with police commands the suspect drew a weapon. Before any other officers or civilians in the parking lot were harmed the officers used justified deadly force. The Miami-Dade SAO nolle prosed twelve (12) felony counts against an FOP member from the Golden Beach Police Department Lodge 119. The Officer had been charged with one count- Organized Scheme to defraud; one count- Grand Theft; nine counts- Official Misconduct; and, one unrelated count- Insurance Fraud. Two (2) other Golden Beach Police Officers have had their cases nolle prosed also. Testimonial evidence taken during defense depositions of several key witnesses revealed glaring gaps in the State's theory for prosecution and overwhelming reasonable doubt as to the essential elements of each and every charge brought against these three members. Thanks to the General Counsel s Office ultimately one of the Officers was awarded a disability retirement pension retroactively covering about 1-1/2 years of his three year suspension and back-pay from the date of his suspension through the effective date of his disability pension. An officer of the Lake City Police Department Lodge 67 was involved in an on-duty shooting and the Officer contacted the Labor Council whereby a staff attorney from the General Counsel s Office responded. The Lake City Police Department Officers, along with representatives from other agencies, were conducting a DUI checkpoint on US 90 in the city of Lake City. The driver of a pickup truck was stopped in the checkpoint and was being interviewed by an officer when the driver produced a handgun and pointed it at the officer s face. The officer grabbed the handgun with his left hand while issuing verbal commands to the gunman to release the weapon. Instead of releasing the gun, the driver attempted to put his finger into the trigger guard and pull the trigger. The officer was able to draw his duty weapon and fire one shot into the gunman s chest. The driver died at the scene. The officer involved was not injured. It should be noted that the investigation of this case was conducted by FDLE. The gunman was a convicted felon and registered sex offender, who had absconded from his state of supervision. The Grand Jury ruled that the Officer s force was justified.

3 Following a robbery at a checking cashing business in Orange Park, a vehicle description was relayed to on duty units. An Orange Park Officer spotted vehicle and gave chase. Suspect fired several shots at the officer hitting the patrol vehicle. The Suspect was then spotted by an Orange Park Sergeant who pitted the suspect vehicle and spun the suspect into another police unit. Suspect exited the vehicle and attempted to flee on foot and was shot four times by the Orange Park Sergeant. FDLE is handling the investigation. After a routine traffic stop an Osceola County Deputy made contact with the driver. Once determining that the driver did not have a valid license he was ordered out of the vehicle. While conducting a search the suspect broke loose from the deputy and struck him in the head. A foot chase ensued between two homes in a residential neighborhood. The Deputy deployed a taser which had little effect on the suspect. A struggle began in which the suspect tried to remove the deputy s firearm, pummeled him about the head and choked him nearly to unconsciousness. The home owner exited his home and thanks to his assistance the suspect was pulled off the deputy. Still in an aggressive posture and posing a threat the deputy was able to draw his weapon and shoot the suspect. The suspect was transported to the hospital and is awaiting trial for numerous charges including attempted murder. The case is being reviewed by the State Attorney s Office. The entire event was captured on home security video. Thankfully, the deputy has fully recovered and has returned to active duty. PUBLIC EMPLOYEES RELATIONS COMMISSION (PERC) The City of Sanford Lieutenants Lodge 141 have never been represented by a union. The City for many years has been promising them that they were better off with no representation. The Officers and Sergeants have been represented by the Labor Council for many years and their benefits keep growing and finally the Lieutenants having had enough of their benefits shrinking decided to join. They had several meetings with Staff Representative Ned Golden and he convinced them to sign cards. The Lieutenants in Sanford cast their vote and are now represented by the FOP. The Miami Springs Police Department Officers and Sergeants Lodge 11 have been represented by the PBA for over 24 years. Recently, members of the bargaining unit contacted the Labor Council for representation. Chairman Dean, Executive Board Member Howard Giaraldo and Staff Representative Joe Puleo had several meetings with them and convinced them to sign PERC cards. The members of the Miami Springs Police Department bargaining unit voted unanimously for the FOP to be their new bargaining unit. Marion Sheriff s Office Correction Deputies Lodge 145 was not represented by any organization. The Correction Deputies have observed all the benefits that the Labor Council has secured for the road patrol deputies and they decided to sign PERC cards for the FOP to be their bargaining unit. The FOP won the election overwhelmingly. Marion Sheriff s Officer Road Patrol Supervisors and the Correction Supervisors (Sergeants and Lieutenants) were not represented by any organization. They have not received any benefits like the Deputies have because the Deputies are covered by a FOP CBA. They contacted the LC and cards were filed with PERC and we are waiting on an election date.

4 The Lake City Police Officers and Sergeants Lodge 67 have been represented by the PBA for over 20 years. However, they were very unhappy with the representation they were receiving. So they contacted the LC and cards were filed with PERC and the FOP won the election by a land slide. Lake Sheriff s Office Lodge 174 is not represented by any organization. The members of the lodge contacted the Labor Council and PERC cards were filed and an election is pending. The Village of North Bay Village (Civilians) Lodge 81 has been represented by the AFL-CIO since They have been without a collective bargaining agreement since October 1, The members of the lodge contacted the Labor Council and PERC cards were filed and an election is pending. CRIMINAL JUSTICE STANDARDS & TRAINING COMMISSION (CJSTC) The General Counsel s Office negotiated a Stipulation Settlement Agreement for a member of Sanford Lodge 141 with the CJSTC for an officer who committed untruthfulness and excessive use of force. The General Counsel s Office was able to defend the officer s certificate with discipline of 90 day prospective suspension, ethics training and use of force training. A member of the Ocala Police Department Lodge 129 had a hearing before the CJSTC on for Untruthfulness. The General Counsel s Office was able to work out a Stipulation Settlement Agreement with the CJSTC for a one (1) day prospective suspension and ethics training. A member of the Davie Police Department Lodge 100 has a hearing before the CJSTC on August 6, 2014 for Domestic Violence Moral Character Violation. A member of the Clearwater Police Department Lodge 10 has two (2) hearings before the CJSTC on August 6, 2014 for Improper use of D.A.V.I.D (48 counts) and Misuse of NCIC/FCIC (3 counts). Prospective Suspension Policy There is no written agency policy or any language in a collective bargaining agreement (that the General Counsel s Office is aware of) addressing the issue of an L.E.O. receiving a prospective suspension from FDLE-CJSTC or how the agency will deal with the suspension. The Labor Council has taken the lead in attempting to establish the attached language that can be inserted into a collective bargaining agreement or used to establish an agency policy. Chief of Staff George F. Hachigian will explain in detail if there are any questions or concerns. COLLECTIVE BARGAINING AGREEMENTS (CBA) Labor Council (Lodge 81) successfully negotiated a 3 year CBA with the Village of North Bay which is retroactive back to October Some of the benefits include in year 1, a 2% wage increase, year 2 a 3% wage increase and year 3 a 3% wage increase plus a step increase. Year 3.3% + step (4%). The bargaining unit gets steps and at the end of the contract Oct 2015 they will have received a 12% wage increase. Some of the bargaining unit members were placed in their correct step and will receive a 14% - 16% raise. Lastly, they are allowed the use of their take home vehicle for personal errands which eliminates portal to portal.

5 The Labor Council (Lodge 114) negotiated a 2 year CBA with the City of Gulf Breeze. The Labor Council was able to lower the pension multiplier to FRS levels from 3.5 % per year. The City refunded cash payments to each member which amounted to about $3000 each to be paid out quarterly. Wages were increased 10% over the 2 year CBA with members, who were victims of salary compressions due to prior contracts, compensated. Also it became easier to reach PO 2 and PO 3 and the 5% raises that go along with being a PO 2 and a PO 3. The Labor Council (Lodge 17) negotiated a three (3) year CBA with the City of Jacksonville Beach. The Labor Council was able to establish a new pay plan replacing the plan that was stripped away in 2010 with a 1.5% wage increase across the board. Also, pension changes (contribution changed from 6.45% to 7.95%, changes to DROP interest rate, 25 year retirement at any age, multiplier the same 3%, change from DROP to back-drop plan, vesting at 10 years instead of 5 years. The Ormond Beach (Lodge 40) CBA has been ratified and signed. The CBA is a Three Year contract retroactive to October 1, 2013 through September 30, The Labor Council negotiated a 2% Wage increases each year; Wage increases for CID; Change and increase in Clothing Allowance and all Employee Health Insurance premiums (100%) provided by City. IN CLOSING The General Counsel s Office has had a great deal of success in settling issues that have resulted in avoiding arbitration hearings, CJSTC Hearings or PERC Hearings. These settlements and negotiations have been very beneficial to the Labor Council membership. Whenever we can resolve a matter short of a hearing not only is the member satisfied with the negotiation, but the Labor Council is able to mitigate the costs associated with full litigation. Currently, the average cost of a two (2) day arbitration, which includes the Arbitrator s fees, Court Reporter fees (for both attendance and transcription), witness s fees, Expert Witness Fees, Printing of Exhibits, travel, lodging and food average approximately $15,000 - $20,000. Fortunately the LABOR COUNCIL membership has the advantage of a strong legal defense plan that covers these costs and expenses. Equally important, is the ability of the FOP to handle a multiple defendant case wherein a number of officers might be involved in a single shooting necessitating several attorneys having to respond so each individual officer is properly represented. Without the Labor Council Legal Defense Plan and the Labor Council s assets, infrastructure and resources this scenario could be a financial death nell for an unrepresented lodge. The General Counsel s Office will continue to provide the most up to date training in the areas of Officer Involved Shootings, Officer Rights in the Workplace and Officer Decertification. All Labor Council Staff Attorneys MUST complete this training prior to them representing any member of the Labor Council. Rest assured that the Staff Representatives and Staff Attorneys that represent the members of the Labor Council are the best trained and best qualified lawyers available. Sincerely, Alan S. Diamond Esq. Alan S. Diamond Esq. General Counsel