The. Informant. The Official Publication of the San Diego Police Officers Association Volume XXX, No. 8 August 2010

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1 The Informant The Official Publication of the San Diego Police Officers Association Volume XXX, No. 8 August 2010

2 San Diego Police Officers Association 8388 Vickers Street (Office) San Diego, CA (Fax) Brian Marvel President Jeff Jordon Vice President Woody DuBois Secretary Randy Levitt Treasurer Tom Bostedt Board Member Mike Fender Board Member Paul Hubka Board Member Rob Lewis Board Member Paul Paxton Board Member Committees and Committee Chairs Legal Committee... Lewis (Chair), Bostedt, Levitt Political Action Committee... Marvel (Chair), Bostedt, DuBois SCALE/CCLEA/Big 11/PORAC Retirement... Business & Governance... Jordon (Chair), DuBois, Paxton Bylaws & Policy Administration Parliamentarian Member Relations...Bostedt (Chair), Hubka, Lewis Member Services Member Communication Public Relations...Hubka (Chair), Bostedt, Lewis Informant Website Charity Special Events/Scholarship...Jordon (Chair), DuBois, Hubka Paxton Budget & Finance... Jordon, DuBois Labor Management...Paxton (Chair), Jordon, Lewis, Hubka FIT / Safety Litigation (Ad Hoc Committee)... Chairs: Marvel/Jordon 2 The Informant Editorial and Advertising Information Editor, Emily Cox x 220 Editorial Policy The views or opinions expressed in The Informant are not necessarily the opinions of the San Diego Police Officers Association, the San Diego Police Department or any official body or agency of the City of San Diego. We encourage article ideas and photographs about or of interest to our members. Article abstracts, photos, story ideas, suggestions, letters to the editor, commentaries and information may be submitted in person, by mail or by to the editor. Freedom of expression is assured within the bounds of good taste and the limits of available space. Our target audience is law enforcement, specifically POA members of the San Diego Police Department. Deadline All copy and advertising must be submitted by the tenth of the month prior to the anticipated publication month; e.g. July 10 for the August issue. Content submitted after that date may be considered for a later issue.

3 In This Issue Member Spotlight... 4 POA Picnic... 4 SDPD Robbery Unit... 5 Chaplain s Corner... 6 The Crime Files...7 SDPOA/Nice Guys Scholarship Brunch... 8 SDPOA Media Highlights...12 Code 4 Chronicles...14 A Typical SDPOA Board Meeting...15 SDPOA Discount Tickets...16 Tighter Budgets Shouldn t Mean Less Training...17 PERT Perspective...18 The History of SDPOA Contract Negotiations...19 What Happens to Cop Killers RFPA Update UC The Battle of the Bulge 2010: Cities Begin Final Plunder of Wages President s Message As many of you know, the SDCERS recent vote to require officers to pay into the disability portion of pension contributions has been a major issue for the POA Board over the past several months. This issue became complicated with City Attorney Goldsmith s reinterpretation of the City Charter pertaining to what constitutes substantially equal contributions. The Charter requires City employees to pay a substantially equal portion of their pensions and Goldsmith hopes to make employees responsible for paying for not only disability costs, but also any investment losses. What s interesting about Goldsmith s opinion it that it fails to address how City employees would benefit from periods of investment gains. This unfortunate event opened up a discussion by SDCERS Board members and its fiduciary counsel (Manatt, Phelps & Phillips) as to whether Charter and Plan Documents require employees to pay a substantially equal portion of disability pensions. Setting aside the issue as to whether it s morally right to require safety members those who put life and limb on the line every day in service to the public should pay for their own disability costs, Manatt concluded that historical record revealed that disability allowances were akin to normal retirement allowances and subject to substantially equal contributions. At the May 28 SDCERS meeting, SDCERS board members, relying on Manatt s interpretation, voted 8-3 to adopt Board Rule Alternative A to require City employees to pay the disability portion of their retirement benefits. On June 30, the SDPOA made a presentation at the City Council s Rules Committee in hopes of stopping this action from moving forward, but since it was only an information item and not an action item, the Rules Committee could not make any motions. The Rules Committee was told by Goldsmith that this was something to be discussed in closed session, but that was later reversed to be discussed in open session. SDPD ENT Hosts Visitors from the At the July 9 SDCERS Board meeting, your POA made another appeal not to approve the new actuarial assumption rates, which United Arab Emirates included the disability contribution rate increases. Unfortunately, the SDCERS Board approved the new assumption rates by a vote of In Remembrance These actions put into effect significant pension contribution increases for all POA members effective July 10. The disability portion is only a small part of the total increase; however, symbolically, Stranger than Fiction On the Road...31 forcing officers to pay for their disability pension sets an unfortunate precedent for other law enforcement agencies. At a Glance Calendar By the time this article reaches you, your POA will have made another presentation in front of the Rules Committee meeting on July Office Manager s Report where this topic will be set as a City Council action item. We are Classified Ads greatly appreciative to Council President Hueso for his leadership on tackling this issue with us. We hope that the Rules Committee Board Minutes will make a recommendation to the Council to clarify the language in the municipal code so the SDCERS Board will properly adhere to On the Cover: SDPD police car on the Ocean the plan documents, which we believe does not require employees Beach Pier during the fireworks display on the to pay for their disability benefits. If we are successful, increased Fourth of July. Photo by Officer Nick Nguyen of employee contributions for disability benefits will cease. Western Division Continued on page 7 August

4 Member Spotlight: Detective Joe Lehr Recently retired Detective Joe Lehr leaves a legacy of undercover work with a long-running 22 year undercover persona. Looking back on where it all began, after playing sports in high school and junior college, he thought of joining the police department as a way to find full-time work. After finishing the academy in 1981, he was assigned to Southeastern Division in a patrol capacity, working around the same area he grew up in. Though it is unusual now, Detective Lehr became a Field Training Officer even before he was allowed to have the FTO pin. He volunteered to take new officers, then eventually started getting paid for it. He spent a total of six years in patrol before starting his detective career in Vice. Over the course of the next six years in Vice, he worked to shut down illegal escort and massage parlor businesses and did numerous undercover operations to decrease prostitution and take down human traffickers. He closed down over 150 illegal businesses with his partner and helped to re-write ordinances along with the city attorney s office. Because of his expertise in human trafficking, Detective Lehr moved into the Criminal Intelligence Unit and spent the last 15 years working a wide variety of cases that covered human trafficking, animal extremist groups (local and national), white supremacy groups, outlaw motorcycle groups, murder for hire cases, labor groups, first amendment protest groups and other criminal activists. With so many undercover activities, Detective Lehr took careful notes on each day detailing conversations to the clothes he wore though his signature look was to wear his sweatshirt inside out. He also was frequently involved in dignitary protection and served on over 100 details for various world leaders. Given his emphasis on both academics and athletics, it was a natural fit for Detective Lehr to volunteer with elementary schools and serve as an instructional aide for emotionally disturbed kids, using athletics to burn off excess energy. POA Summer Picnic! Sunday, August 29 from 11:00 am - 4:00 pm Santee Sportsplex (9951 Riverwalk Drive) Food, drinks, prizes and fun for the whole family! Tickets: Member and member s first guest: $10 each Additional adult guests: $20 each Children 17 and under: $5 each Optional wristband for unlimited beer: $10 each Buy tickets at the POA during business hours from July 1 - August 20. Tickets will only be available in advance. No sales at the door. 4 The Informant He was a part of the group to reorganize STAR/ PAL back in He initiated STAR/ PAL s basketball camp back in 1998 and continues to help with their camps and events. He turned his involvement in the STAR/PAL basketball camps into family affairs by including his two kids, his fiancée, her son Christian and his high school friends, as volunteers. His daughter, Corey Rose, is in nursing school and works as a CNA in the cancer ward. She currently resides in Abilene, Texas with her husband James, (USMC Recon unit) who is now a firefighter. His son, Kyle Joseph, is currently in the United State Marine Corps at Camp Lejune, North Carolina. Detective Lehr will soon be expanding his family as he plans to marry his fiancée, Leticia, next July. With his retirement effective June 30, Detective Lehr plans to continue working, volunteering and spending time with his family. Outside of those activities, he has a good group of people to work out with and enjoys going to the gym. He also found hobbies in hiking, biking and cooking some of his specialties include apricot BBQ ribs, soy-based salmon with a brown sugar glaze, banana bread and good old-fashioned Dutch apple pie from his mother s recipe. He has never received any complaints about the food, but on the other hand, who is going to tell him? Batting cages, softball fields, bounce houses, games and more!

5 SDPD Robbery Unit As one of the earliest specialized units, the San Diego Police Department Robbery Unit keeps itself busy with tracking down those responsible for commercial robberies, bank robberies, home invasions, car-jackings and kidnappings. Robbery can cover a wide variety of cases from ATM thefts to anything designated by the Chief s office. The unit also manages extraditions and plays in important role in working with and obtaining new technology to use in their investigations. Even though a robbery motive may not be evident at first glance in a kidnapping, the Robbery unit is the first stop for any kidnapping cases and the unit pulls out all stops for kidnappings. The vast majority of kidnapping cases tend to be solved quickly because of the swift action and collaborative effort from the entire unit. When a new robbery is reported, a detective is sent out immediately with a field evidence technician to begin the investigation by capturing video or images and collect any DNA or other evidence. Robbery works side by side with the FBI on bank robberies. When it comes to robberies, cases are assigned on a rotating basis and three similar cases are enough to call it a series. Once a series is identified, it is assigned to one detective rather than having multiple detectives duplicating each other s work. If the series is deemed to be large enough, there is a possibility of assigning duties to a primary and secondary detective. Some of the unit s recent successes in solving well-known series include the Backroom Bandit and the Long Jaw Bandit. In the Backroom Bandit series, the suspect, Dragon Jones, would select businesses like yogurt or ice cream shops, pet stores or hair and beauty supply stores that often had only one female employee working at the time. He would order her to the back of the store and threaten to shoot her if she didn t give him money. Over a one-month period, the Backroom Bandit robbed 20 businesses, but Robbery detectives tracked him down and elicited a guilty plea. Jones was recently sentenced to 14 years in state prison. Roger Jones, the suspect in the Long Jaw Bandit series, robbed 35 San Diego-area businesses over a four-month period last year, pleaded guilty and faced sentencing on July 16. In both of these series, the bandit nicknames were selected from something descriptive about the robber s appearance or modus operandi. For those curious about how the names are selected, nicknames for the robbery series are sometimes created by the FBI or by detectives in the Robbery unit it s all a matter of which nicknames are fitting and which ones stick. The Robbery Unit currently is staffed by two sergeants, 12 detectives, one POII/Field Evidence Technician and two interns under the leadership of Lieutenant Kevin Ammons and Captain Jim Collins. Robbery has not been exempt from staffing woes as the unit was once staffed by 15 detectives and is currently down by one sergeant. Sergeants Ward Rickman and Tim Muren supervise a day team and a night team of detectives to provide coverage from 6:00 am to midnight, Monday through Friday. The Robbery Unit is rounded out by Detectives Maria Estrella, Chris Holt, Hector Hoyte, Tim Johnson, Dawn Wolfe, Robert Anschick, Eugene Bojorquez, James Brown, John Smith, James Boyd, Dewayne Glazewski and Tom Levenberg, Officer Angie Zdunich and WPO Rhonda Williams. Until recently, PSO Steve Willard was assigned the unit where he was a valuable team member in ensuring that the unit never fell behind the curve on technology and used its equipment to the highest potential. Robbery is a relatively senior unit with many detectives interested in joining the unit and often only leaving the unit in order to go to Homicide or promoting out of the unit. The path to the Robbery unit is varied, but detectives generally need to have at least two different investigative assignments prior to attempting to join the unit. Though it is rare, exceptions can be made for certain qualities and talents, such as language knowledge. Two detectives in the office are currently assigned specifically to bank robberies and one detective is assigned to a task force with the FBI on major crimes. The unit is adept at working in conjunction with other units, including Sex Crimes, Homicide, Gangs, Vice, Narcotics, CIU and area investigations. When last year s ziptie robbery series turned into a sexual assault series, the series was solved by detectives from Robbery and Sex Crimes. Additionally, Robbery detectives have helped other units with surveillances and assist with requests for body wires and receivers. Robbery organizes covert GPS tracking of suspect vehicles and is working on obtaining new slap-on GPS trackers. Continued on page 29 August

6 Chaplain s Corner By Herb Smith, SDPD Chaplain For this cause a man shall leave his father and mother, and shall cleave to his wife; and they shall become one flesh (Genesis 2:24). When was the last time you made a serious investment into your marriage? We all live in a very demanding, distracting, certainly delusional and somewhat disparaging environment for building and maintaining a marriage that will go the distance. And we all want more than just perfunctory patrimony when it comes to building a life and family together. Experiencing the life and legacy of God s plan and purpose for the generational heritage of your union as husband and wife is at the heart of why you sought out a soul-mate, and God has not diminished the good future and hope He longs to demonstrate through those whose hearts are devoted to knowing it. But we need to have ears to hear and a heart to believe and trust in the love He grows between the man and woman who yield to His design for a house that will not fail, in spite of the desperate and defacing impact our world endeavors to thrust upon it, from within and without. And indeed, often we re our own worst enemies. Our marriage is the most challenging relationship we have, and the most rewarding, life-changing, blessing-filled and life-affirming condition we will ever know. Whether you doubt that or believe and want to know and become it even more, this retreat/conference is being designed to show and lead you further into this remarkable and supernatural relationship ordained and empowered by God to demonstrate the catalytic, transforming, joy-generating wonder of God-centered faith, hope and love that must be at the heart of our mystical union. It s not about us, but all for us. So once again we are planning for a weekend that could and would change your life together, absolutely give you a renewed perspective of your union, and without being all touchy-feely, revitalize the grand vision, vanguard, advantage and valiant, adventuresome voyage that is your marriage. Our venerable speaker is Dr. Timothy B. Savage, Senior Pastor of Camelback Bible Church in Phoenix, AZ. Dr. Savage has been our speaker on a couple of previous retreats, but not since the 90 s. He has recently completed a book on marriage that is in the process of being published. You will find him engaging, thought provoking, sensitive, always fun, and hard (very hard) to beat at any sport. He has spoken nationally and internationally as a compelling and inspiring communicator, and never leaves you without instilling a deeper sense of God s greatness. He has been married to Lesli for 30 years, herself an appealing teacher and personable, fun-loving, attractive individual, and together they are used by God to leave an indelible impression of His goodness and grace. Forest Home is a beautiful, forest-canopied resort a mile up in the San Bernardino Mountains, with food and facilities as great as the setting. There will be lots of time for recreation and activities also. This weekend will take you to new heights of marital oneness. Don t miss this. Plan now to make this. You need this. Make it happen. Give me a call (858) or me He who finds a wife finds a good thing and obtains favor from the Lord (Prov.18:22). 6 The Informant

7 The Crime Files By Steve Willard Can animals solve a crime? For years dogs have been used to help cops locate evidence and people, but what about using a parrot as a star witness to finger a killer? Sound farfetched? Perhaps, but that s exactly what happened in the 1940s in New York City. Located near Third Avenue and 100th Street, a dive known as the Green Parrot Restaurant and Bar had been a community landmark for years because of a large green macaw behind the bar. The proprietor, Max Geller, had spent years teaching the bird to talk but if visitors were coming in to hear Polly wants a cracker, they were often shocked to hear the crotchety animal had a vocabulary that could make a longshoreman blush. For many of the hard-working blue collar men who spent several nights per week in the roughshod neighborhood bar, they enjoyed a different perspective. For his best customers, Geller often trained the bird to greet the person by name when they walked through the door. On July 12, 1942, officers were summoned to the bar. A robbery and shooting had just occurred and Geller was dead on the floor. Even though the place was packed with more than twenty customers, none of the witnesses claimed to have seen a thing. Given the rough neighborhood the bar was located in, cops were not entirely surprised. But to hear everyone claim they were either at the far end of the bar or had ducked when the gunman walked in the door seemed a little farfetched. When pressed several of the customers admitted they heard the shot but none would admit to seeing the shooting or the suspect. With little to go on, detectives were left asking themselves had the gunman simply walked in and pulled a gun and shot Geller for no reason? No one was sure. Only one witness had yelled out robber, robber, robber and that was the parrot behind the bar. With such scant evidence the case remained unsolved for two years. Even though Detective John Morrisey had spent weeks canvassing the neighborhood for clues and consulting snitches, he had nothing to show. Then it occurred to him; it was not possible for a parrot to be savvy enough to recognize an armed robbery. Even if it could, it often took weeks of tedious work to teach the animal a new word. So if the bird wasn t shrieking robber, what was he saying? To test his theory, Morrisey spent weeks working with the bird. Sure enough, the bird was incapable of immediately picking up new words and there was no way he was able to recognize and articulate sudden changes in his environment. Detective Morrisey now had a new theory. He began looking at some of the frequent customers of the bar and discovered the name Robert Butler. A check into Butler s past showed he was a regular at the bar and was the only Robert the parrot greeted by name. The check also showed Butler vanished around the same time as the murder. New York City police eventually caught up to Butler in Baltimore where he was working as a lathe operator under an assumed name. Butler was extradited back to New York where he confessed the shooting was not a robbery at all. Butler said he was drunk and became enraged when Geller refused to serve him anymore. The shooting was in the heat of passion. On February 10, 1944, Robert Butler was sentenced to seven to fifteen years in Sing Sing for second degree murder. The only witness to his crime was the green parrot. President s Message - Continued from page 3 The new SDCERS CEO claims the fiduciary counsel s review and board decision was nothing more than a refinement of their interpretation of normal retirement allowance. We believe a better phrase would be reinvention because, in our opinion, SDCERS has failed to produce any compelling evidence that proves city employees have ever paid the disability portion of their pensions. We look forward to having this unfortunate issue resolved as soon as possible and, as always, we will keep you posted on the progress. On a correction note, the July President s Message stated that Mary Salas had won the primary in the 40th Senate District election. Though it certainly seemed that was the way it would turn out, with all of the votes counted now, Juan Vargas holds a lead of 22 votes and a recount seems imminent just goes to show that we can t be sure of these things until the last vote has been counted. Be safe, August

8 2010 SDPOA and Nice Guys Scholarship Awards Brunch The San Diego Police Officers Association and the Nice Guys Terry Anderson, by the Investigative Lieutenants Union, by of San Diego hosted a brunch reception on June 26, 2010 PAF (in the name of Officer Jerry Griffin), by Bill & Debbie Law Office of Dan Zeidman to recognize 26 outstanding students who are all children of San Diego police officers. Scholarships totaled $29,000. The brunch was held at The Dana Hotel & Marina on Mission Bay and was attended by the scholarship recipients, their proud families, POA Directors and the Nice Guys. In addition to the scholarships funded by the SDPOA and the Nice Guys, scholarships were awarded in the name of CSO Farrar and by Sherman L. Mendoza. Memorial scholarships for Peter Solomonsen, Ron Newman and Bill Robinson were also awarded to deserving students. The 26 students were selected from a highly competitive field and the largest number of applicants we ve ever received. They all have extremely bright futures as they work toward their various degrees. Congratulations to you all! Emergency Equipment Engineering CODE-3 Industries, Inc. Serving You Since 1976 On Streamlight Rechargeables! EEE is the ONLY authorized L.E. Factory Service Center for Streamlight in San Diego County! 8 The Informant The one-stop cop shop for all your equipment and uniform needs. Emergency Equipment Engineering 4304 Twain Avenue San Diego, CA (619) (800) Dan ZeiDman, esq. Law Offices Of Dan ZeiDman 260 East Chase Avenue, Suite 201 El Cajon, California Phone: Fax: Providing legal services to peace officers and their families throughout San Diego County in personal injury, wrongful death, insurance law and defamation since Recipient of the prestigious Outstanding Trial Lawyer award by the Consumer Attorneys of San Diego, aka San Diego Trial Lawyers Association. Proven trial lawyer for injured law enforcement officers and their families (sample cases below): 1. $700,000 jury verdict for San Diego deputy sheriff 2. $595,000 jury verdict for National City police sergeant 3. $780,000 settlement for San Diego police officer 4. $350,000 court verdict for defamed San Diego police officer, plus a ruling on the constitutionality of Civil Code Defamation of a Peace Officer [Loshonkohl v. Kinder (2003) 109 Cal.App. 4th 510] 5. $1,800,000 settlement for family members of police officer 6. $900,000 settlement for San Diego police officer 7. Successful litigation in breach of right to privacy case for 90 law enforcement households, totaling over 300 family members No Recovery No Attorney Fees

9 Diamonds Ltd. Photos by Ryan Bethke Diamonds Ltd. FINE JEWELERS a name you can trust Specializing in: Diamonds Gemstones Manufacturing Custom Design Gold & Platinum Appraisals by GIA graduates Gold, Jewelry, & Estate Buyers Cash paid on the spot! Any quantity, any condition, in strict confidence (Bonus paid for larger diamonds) Work done on premises! Repairs Redesign Restoration Stone Setting Laser Repair/Weld Inside Ring Engraving (Not pictured: Ed Zwibel SDPD # Eastern Division) Don t forget to ask for The Zwibel family has provided over 30 years of exceptional service in San Diego With three generations in both Jewelry and Law Enforcement your POA discount! Fletcher Parkway, Suite 104 El Cajon, CA (Across from Parkway Plaza) August

10 Congratulations to the 2010 Scholarship Award Winners! Edward R. Walker Gallego (U of I, Chicago, Medicine), son of Catherine Millett, received a $3,000 Nice Guys/ Alice Downs scholarship Madison Hanten (Stanford), daughter of Mark Hanten, received a $2,000 Nice Guys/Alice Downs scholarship Christopher Ninness (LA Film School), son of Gilbert Ninness, received a $1,000 Nice Guys/Alice Downs scholarship Kirill Sergeyevich Jordan (University of Utah), son of Ronald Jordan, received a $1,000 Nice Guys/Alice Downs scholarship Robert Albright (USD), son of Daniel Albright, received a $1,000 Nice Guys/Alice Downs scholarship Nina Griffin (Cal Western School of Law), daughter of Pete Griffin, received a $1,000 Nice Guys/Alice Downs scholarship Lauren Johnson (USD), daughter of Jeff Johnson, received a $1,000 Nice Guys/Alice Downs scholarship Matthew Swanger (University of Redlands), son of Guy Swanger, received a $1,000 SDPOA scholarship Justin D. Smith (Cal Poly Pomona), son of Anastasia & Manuel Smith, received a $1,000 SDPOA scholarship Brandon Lujan (UC Irvine), son of Kelvin Lujan received a $1,000 Peter Solomonsen Memorial Scholarship 10 The Informant Kristyn Bojorquez (USC), daughter of Gene Bojorquez, received a $1,000 Ron Newman Memorial Scholarship Caitlyn Walker (plans to transfer to Chico next year), daughter of David Walker, received a $1,000 Bill and Debbie Farrar Scholarship

11 Anna Lisa Van Horn (University of Northern Iowa), daughter of Dale Van Horn, received a $1,500 SDPOA scholarship Kyle Robert Manis (Webb Institute), son of Bob Manis, received a $1,500 SDPOA scholarship Philip Robert Hendrix (Texas A&M), son of Robert Hendrix, received a $1,000 Nice Guys/Alice Downs scholarship Ryan Walker (SDSU), son of David Walker, received a $1,000 Nice Guys/Alice Downs scholarship McCall Olson (UC Davis), daughter of Gregory Olson, received a $1,000 Nice Guys/Alice Downs scholarship Erika Sylvester (University of Portland), daughter of Michael Sylvester, received a $1,000 Nice Guys/Alice Downs scholarship Breanna Martin (Art Institute of CA), daughter of Leonard Martin, received a $1,000 Nice Guys/Alice Downs scholarship Veronica Speck (Fordham University), daughter of Craig Speck, received a $1,000 SDPOA scholarship Kayla McCoy (SDSU), daughter of Rich Mc- Coy, received a $1,000 SDPOA scholarship Conner Brown (CSU San Marcos), son of Maggie Gibbins and Ken Brown, received a $1,000 scholarship in the name of CSO Terri Anderson Sarah M. Daniels (Northern Arizona University), daughter of Scott Daniels received a $1,000 scholarship from the ILU Courtney T. Dunn (CSU San Marcos), daughter of Jeff Dunn received a $1,000 Bill Robinson Memorial scholarship Vanessa Rose Alderete (University of Georgia), daughter of David Bautista, received a $500 Sherman L. Mendoza Scholarship Jenna Van Horn (USD), daughter of Dale Van Horn, received a $500 scholarship from the PAF, in the name of Officer Jerry Griffin August

12 POA Media Highlights From the San Diego Union-Tribune POA President Brian Marvel sent a letter to the editor regarding a previous article on June 18 praising City Attorney Jan Goldsmith for making headway in the pension cases with his interpretation of Substantially Equal including that public safety officers pay for half of their disability costs to the pension system. Ashley Dunning, of Mannatt, Phelps and Phillips, outside counsel to the San Diego City Employee Retirement System, SDCERS, agreed with Goldsmith s opinion. Their opinions are contradictory to the SDPOA attorney, Michael Conger, who believes the San Diego Municipal Code clearly states that funding for disability retirement benefits is the sole responsibility of the City. His opinion is supported by Navigant, Ice Miller, Reed Smith, Seltzer Caplan and numerous previous City Attorneys along with over 50 years of past practice. Wednesday, June 30, 2010 Dear Editor: While City Attorney Jan Goldsmith and the San Diego City Employees Retirement System (SDCERS) have agreed to minor changes to the contributions paid by city employees as a way to min- KING & LEMLEY, LLP ATTORNEYS AT LAW Estate Planning starting at $ The Informant Stacy M. King, Esq.* Zachary M. Lemley, Esq Camino Del Rio South, Suite 110 San Diego, CA Telephone: (619) Facsimile: (619) Areas of Practice Personal Injury ~ Wrongful Death ~ Medical Malpractice Premises Liability ~ Product Liability Wills & Trusts ~ Business and Real Estate Law *Stacy King is the wife of Officer Shawn King, SDPD Northern Division imally reduce the City s financial obligations, their recent action to change how disability benefits are paid is not advantageous to the public over the long-term or for those in public safety who risk their lives in their service to San Diego. We recognize the importance of addressing the pension deficit in a manner that limits risk to our city and to taxpayers, however, forcing police officers for the first time to contribute to their own disability retirement -- at a time when they have already willingly accepted substantial reductions to their pay and to cuts in other benefits as a way to help address the City s Budget crisis -- is simply egregious. The fact is the majority of those who have used disability for injuries occurring while serving the City of San Diego are police officers, firefighters and lifeguards, as such we believe that this recent effort primarily targets public safety and is penny-wise pound foolish. This will not save the City as marketed and is counter intuitive for retaining our most experienced officers. Unfortunately, it seems that some individuals do not understand the longterm fiscal impact to the City, since they have not even conducted a limited fiscal analysis. SDCERS trustees were Call us for an appointment today Attorneys licensed to practice in the State of California told not to consider the costs associated with adopting a legal opinion that is counter to decades of opinion s including pension experts, City Attorneys and other well-known individuals with indepth experience in retirement matters before they made their vote. This recent decision will continue the erosion of the City s ability to compete for experienced, competent public safety officers. Since 2000, the experience level at the SDPD has gone from 15% of the force with less than five years experience to currently 24%. That is not a good trend, especially when it comes to public safety. If an officer who is already underpaid, working in an understaffed department is injured in the line of duty, we believe it is incumbent for the City of San Diego to continue to cover their contribution to their own disability retirement should an officer be forced to leave the workforce. It is an appropriate expense for the City which is entirely consistent with every other large California police department and one that should continue and not dumped on the backs of hardworking police officers who patrol are neighborhoods. Sincerely, Brian Marvel, President, SDPOA EvErgrEEn TrEE SpEcialiST Tree Care and Removal Affordable Rates Certified Arborist #WE-3509-a Complete Tree Service Lacing Stump Grinding Pruning Complete Removal Edward Gross - Owner Cell Fax Fully Licensed & Insured Expert Witness Contractor s Lic #731377

13 August

14 Stay Tactical! These two words sum up the thoughts of Sergeant Jeff Pace who on Saturday, June 26, acted heroically in capturing a robbery suspect. Jeff was off-duty having lunch with a friend at the Kentucky Fried Chicken at 2829 University Avenue. There were six KFC employees working and several children and adults at the counter/dining area. Sergeant Pace saw a large white male, later identified as Matthew Vough, walking westbound on the north side of KFC towards the front door. As Vough got close to the door, Sergeant Pace saw Vough quickly pull up his hoodie over his head. Sergeant Pace said, I knew the business was about to be robbed and I gave my cell phone to my friend and told him to call 911. Vough entered the KFC carrying a large blue bicycle chain in his right hand. Vough ran behind the front counter and struck the counter with the chain making a loud banging sound. Sergeant Pace said it was so loud he thought it might be a gunshot. Vough said, This is a robbery! Where is the money? Sergeant Pace stood up, drew his gun and advanced on the suspect. He identified himself as a police officer and ordered Vough to drop his weapon and get down on the floor. Vough asked Sergeant Pace, How do I know you are a police officer? After seeing Sergeant Pace s badge he laid down on the floor and remained compliant until responding units arrive. Ronald Hauser, Attorney at Law Sergeant Pace s observation skills, clear thinking under pressure and tactical response to a dangerous situation led to a dangerous man being captured before he was able to hurt someone. Sergeant Pace told me, I always think, if the McDonald s incident can happen once, it can happen again. Robbery Detective Hector Hoyte said Sergeant Pace s actions went above and beyond the call of duty. As for Vough, Hoyte said, It was not his lucky day. Odd Numbered Months Pro Sound/Music For All Occasions Weddings Retirement/Birthday Parties Professional DJ/Gear/Engineer Indoor/Outdoor Events Reasonable Even Numbered Rates Please Call Or For Months Quote anything else is just noise TMAG SOUND Phone: Fax: Law Enforcement Owned & Operated 14 The Informant price through your current contract is $113/month Code 4 Chronicles Presented by the Law Offices of Dan Zeidman divorce BankRuptCy On June 5, two tourists who had just arrived in San Diego called to report that they were held up at gunpoint on Fir Street in Little Italy. Officers were at the scene quickly and a description of the two suspects was broadcast. While checking the area, Officer Brad Massey stopped a possible suspect. He was positively identified by the victims as being the accomplice to the robbery. Officer Roger Stonier continued to search the area and located a suspect ducked down behind a power box. He was uncooperative even when being confronted at gunpoint. discount He eventually to law was enforcement taken into custody and was positively identified as the gunman. Neither of the suspects would admit to Ronald knowing the other a. suspect HauseR and both denied participating in a robbery. attorney at law (619) (619) A set of car keys was found in the main suspect s pocket. The suspect denied having a car. Sergeant Anthony Dupree did a computer search of the serial number on the key. He discovered the key belonged to a Toyota. After extensively searching the area, the suspect s car was found. A fully loaded.357 magnum handgun was located in the car. It had been stolen from a residential burglary. Both suspects had cell phones. A search of the phones found that the suspects had been calling each national City san diego la Mesa other after the robbery. Both suspects were convicted felons with gang affiliations. It was clear that these suspects were in the area to prey on unsuspecting persons leaving hotels and businesses. Without the tenacious efforts of these officers, these suspects could have seriously hurt innocent people. Code 4 Chronicles is a monthly segment of The Informant. It is edited by Debbie and Bill Farrar or Send items for the C4C to Debbie by or in writing to MS 790. Please include your name & phone number. living trust law enforcement price: $ In-Home appointments available Includes Wills and powers of attorney Ronald a. HauseR attorney at law (619) (619) national City san diego la Mesa

15 A Typical SDPOA Board Meeting By Tom Bostedt, SDPOA Director First of all, thank you to all the members who took the time to fill out the questionnaire the POA sent out a few months ago. We like to think we have an idea of what the members are thinking and what they want to see out of us. Once in a while we need to check the pulse of the membership in order to confirm our beliefs or adjust accordingly. While some of the questions we ask seem like nonsense, they play a very important role in our decision making. Based off a member request, I d like to take this opportunity to give an overview of what a typical board meeting covers. The monthly board meeting is an opportunity for all Board members to get together and discuss current and upcoming business of the association. Held the second Thursday of each month, the meeting is open to all members and invited guests. The agenda for the monthly meetings is posted in the POA bulletin boards about one week prior to the meeting. We start each meeting by honoring our country with the pledge of allegiance and recognizing officers nationwide who have made the ultimate sacrifice for their communities. Because we know members time is important, we put their requests on the agenda to be heard first, whether they make an appointment or just show up. Some members take this opportunity to make a request for a charitable donation, recognize a candidate for political office or just to give the Board a piece of their mind. Regardless of the issue, every member gets their time. We try to schedule visits from politicians and local business representatives early in the meeting day whenever possible. This gives attending members an opportunity to hear what they have to say and question them personally. In the interest of time during busy Board meeting days, candidates for office requesting endorsements are interviewed by a smaller Political Action Committee and do not usually attend Board meeting. The regular business of the association is next on the list. In order to keep the meeting moving along appropriately, we follow Robert s Rules of Conduct. Roberts Rules set ground rules for how we proceed and how ideas become tasks. Each board member has committee assignment responsibilities. They will meet with their committees and report on the status of anything going on within them. Some of these reports, such as the Treasurer s report and charity items, will require a vote of the board in order to formally approve them. The second half of the day is usually reserved for closed session discussions and additional business. Closed session business is not open to anyone except board members and necessary attendees. It includes legal discussion, personnel issues and private requests of members. Information from these meetings is documented, but is not available for general viewing. Discussion of closed session business by a board member is forbidden due to confidentiality mandates. All requests are heard early and we make decisions on them later in the day. This gives us an opportunity to research them all and discuss them at length. Some of these discussions can be very passionate and they re not always G-rated. Nine board members from a variety of personal and professional backgrounds can get pretty emotional. In ten years of being a board member, I have seen these exchanges almost boil over into fights. In the end, emotions were controlled, cooler heads prevailed and a beer smoothed things over afterward. The minutes are the official documentation of all board meetings and are printed in the Informant every month. They reflect a brief recap of the day s business and the results of all votes of the board. Action items require a motion and a second before they can be discussed. The minutes will indicate who made the motion and the second (M/S) and then the final vote of the board. While we encourage all members to attend board meetings, we know it s hard to make it regularly. We appreciate those few members who can. For those who have never been, make it a point to stop in for one and see how we run your association. We ll buy lunch. Calling all SDPD Motors: The San Diego Police Motorcycle Unit is building a motor history display case. We are interested in the name and date of assignment of anyone who has ever worked on the SDPD Motor Unit. If you were ever on the unit or have any information on people who were on the unit, please contact Sgt. Johnson at Call Us Today To Help You With Your Plans To LIST LEASE BUY SELL SHORT SELL INVEST BUY BANK OWNED REFINANCE Maureen Byers GRI Realtor Michelle English Loan Specialist DRE# Direct Lender - ALL Financing - Low Rates! August

16 SDPOA Discount Tickets ATTRACTION AGE MEMBER REGULAR EXPIRES Limits CALIFORNIA ADVENTURE -OR- ADULT (10+) $67.00 $ /11/2010 8/Member DISNEYLAND 1 DAY PARK PASS CHILD (3-9) $59.00 $62.00 per month (Black Out Dates Apply) CALIFORNIA ADVENTURE -OR- ADULT (10+) $82.00 $ /3/2011 8/Member DISNEYLAND 1 DAY HOPPER CHILD (3-9) $74.00 $87.00 CALIFORNIA ADVENTURE AND ADULT (10+) $ $ DISNEYLAND 2 DAY HOPPER* CHILD (3-9) $ $ * Second visit MUST be used within 13 calendar days following the first date of use CALIFORNIA ADVENTURE AND DISNEYLAND 3 DAY HOPPER* (Black Out Dates Apply) per month 1/3/2011 8/Member per month ALL AGES $ $129 8/29/10 8/Member per month * Second and third visits MUST be used within 45 calendar days following the first date of use CALIFORNIA ADVENTURE & DISNEYLAND ANNUAL PASSES - Please visit Disneyland.com to determine which annual pass best fits your needs, then come into the SDPOA to purchase tickets. Credit Cards ONLY! KNOTT'S BERRY FARM REGULAR JUNIOR(- 48") $27.99 $19.99 $53.99 $ /31/2010 8/age group per month KNOTT S SOAK CITY REGULAR JUNIOR(- 48") $20.99 $18.99 $31.00 $ /12/2010 8/age group per month LEGOLAND-GET A SECOND DAY FREE ALL AGES $49.00 $ /31/2010 8/Member per month LEGOLAND TRIPLE PLAY LEGOLAND, SEALIFE AQUARIUM & WATERPARK ALL AGES $60.00 $ /31/2010 8/Member per month MAGIC MOUNTAIN ADULT $23.99 $ /31/2010 8/age group CHILD (- 48") $15.00 $29.99 per month MEDIEVAL TIMES CA ADULT (13+) $41.74 $55.95 No 8/age group CHILD (-12) $31.45 $37.95 expiration per month PIRATE S DINNER ADVENTURE ADULT (12+) $43.50 $ /30/2010 8/age group CHILD (-11) $32.50 $37.95 per month SAN DIEGO ZOO ADULT (12+) $31.00 $ /6/2011 8/age group CHILD (3-11) $22.50 $27.00 per month SEA WORLD - 2 DAY ADULT (10+) $55.00 $ /1/2010 8/age group (Black Out Dates Apply) CHILD (3-9) $48.00 $59.00 per month UNIVERSAL STUDIOS 3 DAY ALL AGES $59.00 $ /31/2010 8/Member per month WILD ANIMAL PARK ADULT (12+) $31.00 $ /6/2011 8/age group CHILD (3-11) $22.50 $27.00 per month MOVIE THEATERS MEMBER REGULAR EXPIRES Limits AMC Restricted $6.25 $11.50 No expiration AMC GOLD - Unrestricted $7.75 $11.50 No expiration 12/Member ULTRA STAR $6.25 $ /31/2013 per 7 days REGAL / EDWARDS / UNITED ARTIST Restricted $6.75 $12.00 No expiration REGAL / EDWARDS / UNITED ARTIST Unrestricted $7.75 $12.00 No expiration You must show POA membership card before purchasing any member tickets - NO EXCEPTIONS! Please call the POA store to verify ticket availability. All prices are subject to change without notice. Best Value in Town! $2 99 Breakfast Starting at 6:30 am 16 The Informant $ 5Dinner Baked Chicken Country Fried Steak Grilled Mahi Mahi Spaghetti with Meat Sauce 2547 San Diego Ave Old Town % Discount for POA Members

17 Tighter Budgets Shouldn t Mean Less Training By Tom Wetzel Re-printed with permission from American Police Beat As police budgets grow tighter with each job loss that provides just a little less tax money for a city, funds earmarked for training may be the first to get shelved. Many agencies will likely forgo sending officers to outside classes or they will limit access to free training only. Other may do more in-house instruction or simply limit the training to state mandated courses such as the annual firearms qualifications course. What every agency should try to do regardless of their financial strength or weakness is find ways to provide more inexpensive training for their personnel. But what must be emphasized is that cheaper training doesn t have to mean less quality. Because police trainers may find themselves particularly innovative and resourceful when forced to do so, the value of the training may actually result in better returns than those received from more expensive academy or company based programs. Part of this may result from the trainers applying cultural aspects specific to their department or municipality. And depending on staffing strength or strategic adjustments in scheduling, overtime can be limited more effectively or not used at all. As a result, a police department can provide its employees with not only cost efficient training but better training and maybe even more of it. Legal training Agencies have an obligation to train their officers to understand the rights afforded by the Constitution as well as specific laws that they are to enforce. A police officer s understanding of when and why he or she can lawfully detain or arrest someone is vital to an agency s success. Claims of false arrest can be costly for an agency in not only lost money defending these cases but more importantly in how citizens perceive us. And if cases get settled in court, it will be the officer who is the face of the agency as she or he testifies on his or her actions and the reasons why. Being able to provide a professional and respectful presentation of the facts should be part of a department s legal training. Once an officer completes the police academy, the officer has a base of legal knowledge. It is up to the agency and the officer to then continue building on that foundation to ensure they are current with new statutes as well as case law. Instead of sending officers to schools for legal updates, court testimony or having prosecutors speak to officers in group setting where length of training, overtime or other costs may be an issue, an agency should look to use its resources to reach a broader audience without incurring much cost. A good example was when our agency had a recording made of an officer s testimony during a suppression hearing for an impaired driving case. By having other officers sit down and listen to this officer provide direct, crossexamination, re-direct and re-cross testimony, they had a chance to learn about the types of questions they may have to answer on the stand. As is probably typical with many agencies, lots of officers for a variety of reasons have not participated in involved testimony where their reports and testimony is given such special attention to the point of splitting hairs over the use of certain words. Hearing an actual case can help an officer better understand what to expect while on the stand. And by listening to the tone and inflections of the involved parties speaking, the officers could recognize the value of polite and respectful testimony. Another good example is having officers submit legal questions to a prosecutor for a legal update. There are many circumstances that officers encounter that can be particularly gray and the input of a prosecutor would have been useful. And there are also things that an officer may just be curious about. By having them submit these questions, a department head or trainer can send ones that would have significant impact on the agency. The prosecutor can then answer them with respect to not only their legality but also address the common sense applications of a certain law. By recognizing the culture of that agency and the citizens they serve, prosecutors can provide training that appreciates the spirit of the law. This question/answer format along with information on current case law can provide for a valuable legal update which can be disseminated via or as a handout. Officers can then read at their convenience. Tom Wetzel is a lieutenant in Northeast Ohio. August

18 PERT Perspective: new SDPD PERT policy By Dr. Kathy Rose, PERT Team Leader and Eastern PERT clinician With the new SDPD PERT policy (6.28) in place, PERTtrained officers can now make arrangements for both voluntary and involuntary commits at psychiatric facilities throughout San Diego County. Many PERT officers have raised questions regarding this new policy, which I would like to address. Which hospitals should I call? Clients with insurance can (and should!) go to hospitals other than CMH. The lengthy wait times at CMH are due in part to the system being bogged down with funded clients who could go to other hospitals. CMH is intended for the county s unfunded clients those without insurance and with this new policy, we should hopefully see improvements in wait times. For insured clients, you will need to contact an LPS-designated facility those hospitals authorized to accept persons detained under the W&I 5150 code. These include the freestanding psychiatric hospitals: Mesa Vista, API, Promise, Aurora, Bayview and UCSD CAPS (Child & Adolescent). LPS-designated hospitals with emergency rooms include: Scripps Mercy, UCSD Medical, Sharp Grossmont, Palomar, Pomerado, Tri-City, Paradise Valley, Balboa and VA Hospital. Paramedics may transport a psychiatric patient to a non-lps facility, because the medical emergency supersedes the psychiatric emergency. What information will I need? When a PERT clinician calls a psychiatric hospital, we are asked to present a clinical summary. Although PERT officers will not be expected to have the same level of clinical expertise, providing a brief synopsis why officers were dispatched, how the client is acting (i.e., suicidal, threatening others, unable to answer questions, believes food is being poisoned, etc.) is helpful. Hospitals generally need the client s name, date of birth and a social security number (if known) to verify insurance. You will not be expected to provide a diagnosis. Known medications are helpful information, as well as any medical issues the client may have. If there are urgent medical concerns, the client must be transported to an ER. The elderly invariably require medical clearance. This is also necessary with any known or suspected overdose or severe intoxication. It is important to note that paramedics cannot give medical clearance in this instance. If you are unsure whether medical clearance is indicated, it s always best to ask. The facility can assist you in making that determination. Where do I call for juvenile or elderly persons? Only select hospitals can accommodate juveniles: Aurora, UCSD-CAPS, ESU and Mesa Vista. Only Pomerado and Mesa Vista have specific geriatric units, however you can transport elderly clients to any LPS hospital. What if there are no beds? If you have called the freestanding hospitals and have not found a bed, taking the client to the nearest LPS/ER hospital is your best option. The new SDPD policy is designed to support officers in the field and to provide the most appropriate placement for individuals with mental illness. If you have further questions or need hospital phone numbers, contact a PERT unit or the clinician in your division. Dr. Kathy Rose is the PERT Team Leader and Eastern PERT clinician. Please feel free to any questions, or suggestions for future topics to: 18 The Informant

19 The History of SDPOA Contract Negotiations By Dick Castle The lack of accountability and fiscal responsibility by City officials over the years has taken a huge toll on the SDPD, officers, other City employees and the community as a whole. In recent years, staffing plunged as officers elected to retire or seek other opportunities rather than continue working for a city with leadership bent on blaming all fiscal woes on its employees. Only this year have we seen signs of potential stability with a new two year agreement. Labor fights with City Hall are not new to the SDPOA. In 1975, as a Teamster staff member, I was called by then POA President Jack Pearson. The POA wanted the Teamsters because negotiations at the time consisted of several POA Board members called into the City Manager s office with the City s negotiator. A half hour or so was given for the Board members to be told what the City was giving the POA for a new contract. The contract, written on a one page document, set out the raise, if any, that would granted. No ratification process existed. The POA Board would approve the one page document and behold a new contract. Many people today speak of wanting a strong mayor form of government. In the mid 70s, Pete Wilson was the mayor and he was the strong mayor form of government. Actually, he wasn t just the mayor; he was the city manager and council not in name, but in influence and decision-making. What he said was the way it was. As much as the POA fought him, he was respected. Everyone knew where he stood on issues. He would discuss them and sometimes compromise. He had integrity in the sense that he never went back on anything he said he was willing to do. Many today could learn a lot from him. He did go on to become Governor and a U.S Senator. The negotiations process did change. Negotiations were at a neutral site and the POA was across the table from management not across from a City Hall desk. Labor fights with City Hall are not new to the SDPOA. When an agreement was eventually reached, the POA membership, much to the reluctance of the Board at that time, was able to vote to ratify the contract. Since then, the POA has grown in depth and effectiveness. POA President Jack Pearson and Vice President Skip DiChercio lead the POA for many years. Jack was the public voice and Skip was the behind the scenes political strategist and he was one of the best. Skip, Jack and Board members like Ron Newman were the POA at that time. Ron later became POA President and during the early 80s laid the foundation for some semblance of labor relations with the City. Tough issues brought out the ballot initiative process by the POA and as the fights grew, new POA leaders emerged such as Harry Eastus. Over the years, it never ceased to amaze me how new POA presidents would evolve that just seemed to fit the climate of the times and issues facing the POA. Harry Eastus, Garry Collins, Bill Farrar, Bill Nemec and current President Brian Marvel are all unique in their leadership style and each emerged with qualities needed at the time for the POA. The toughest fight in the mid 70s was over the failure of the City to pay its cops time and a half for overtime. No other police group in California was paying cops straight time except San Diego. No state or federal law required time and a half. The bitter fight led to a massive parade by the POA and its members, supported by private sector labor groups. Exceptional Service for all your Real Estate Needs 1031 Exchanges Short Sales Investment Groups Equity Sales THERESA SHAY - DRE Lic# RAY SHAY - DRE Lic# A TeamYouCanTrustSM SELL (7355) SDPDhomes.com SM August

20 An image from the July 1976 Teamsters newsletter depicting the Fairness for Police rally featuring Captain Sticky of Radio KDEO The rather infamous Captain Sticky, a very strange local personality, became the self proclaimed Grand Marshall of the event. Thousands of people, led by a large fork lift followed by horn blasting semi trucks, proceeded down Broadway to City Hall. A large sign on the side of the forklift identified it symbolically as City Hall. The lift carried a mannequin dressed in a complete tan SDPD uniform hanging in effigy. It was a bizarre scene that got the point across. That year, the new POA contract did include, for the first time, premium overtime. The POA remained with the Teamsters for several years until a mutual split occurred in the I continued representing the POA with Patrick Thistle, one of the original attorneys in San Diego representing law enforcement. Jack went on to become Peace Officers Research Association of California (PO- RAC) president and later, a state negotiator. Skip eventually retired and be- 20 The Informant came Police Chief in National City. SDPD Chief Kolender, as we all know, went on to eventually become a long term Sheriff. Ron Newman retired as a captain and became an Escondido City Council member. He passed away a few years ago. In the years following the Teamsters, many new benefits were negotiated, including MOU language protecting the membership. Specialty pays in fixed hourly amounts were negotiated. The retirement formula was negotiated. Equipment previously purchased by officers was provided, for the first time, by the department. Court overtime, call back, stand-by pay and major improvements to educational incentive pay occurred. Essentially, everything other than the one page showing a wage increase became the foundation of future contracts. In the early 80s, I left San Diego to become the PORAC LDF Administrator in Sacramento, where I remained for nearly five years. PORAC was very active at that time in the day-to-day labor relations of law enforcement groups and we actively assisted groups throughout California with their labor relations issues and impasses. When I returned to San Diego to form a new firm representing law enforcement, we were invited in the late 80s to resume representing the POA. The POA labor issues were no less challenging than the 70s. The primary emphasis was on increasing take home pay. Cities fought base pay raises so vigorously that the retirement contribution became a huge focus and a form of compensation that could give officers more take home pay. When the negotiable pick up maxed out, focus was on other forms of compensation as a way of avoiding the dreaded concept of increasing base pay. As result, we pushed hard and made huge gains on educational incentive pay, converting specialty pays from fixed amounts to a percentage and ultimately, in the late 90s, obtained the retirement formula and DROP. The irony of much of what is occurring now is that the compensation philosophy of the City over the past 30 years is what has set the stage for much of the current debate over employee compensation and benefits. The City always touted how its promised benefits offset the need for officers to be paid comparable to other agencies. The problem was the City didn t fund those benefits and now employees are being expected to pay the price. Many other failings within the City government have contributed to the turmoil and to the very real fiscal predicament of the City. The City s budgetary process has never included zero based budgeting a budgeting process that requires all departments to assume no funding will be provided and requires all departments to justify all budgetary needs on a line item basis. The process isn t new but often avoided in place of the simple ineffective process of simply mandating departments cut its budget by some across the board amount. Departments that have run lean are penalized while those with built in budgetary fat are left unscathed. Further, San Diego has a history of failing to fund many of its future obligations. Employee benefits are but one example. Maintenance and improvements to City infrastructure such as streets, water systems and sewage facilities have been lax for the last 30 years. The City s long standing policy

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