The. Informant. The Official Publication of the San Diego Police Officers Association Volume XXXI, No. 5 May 2011

Transcription

1 The Informant The Official Publication of the San Diego Police Officers Association Volume XXXI, No. 5 May 2011

2 San Diego Police Officers Association 8388 Vickers Street (Office) San Diego, CA (Fax) Brian Marvel President Jeff Jordon Vice President Tom Bostedt Secretary Randy Levitt Treasurer Woody DuBois Director Mike Fender Director Paul Hubka Director Rob Lewis Director Paul Paxton Director Committees and Committee Chairs Legal Committee...Lewis (Chair), Bostedt, Levitt Political Action Committee...DuBois (Chair), Bostedt, Fender SCALE/CCLEA/Big 11/PORAC Retirement... Levitt Business & Governance... Jordon (Chair), DuBois, Paxton Bylaws & Policy Administration Parliamentarian Member Relations...Bostedt (Chair), Hubka, Lewis Member Services Member Communication Public Relations... Paxton (Chair), Bostedt, Lewis Informant Website Charity Special Events/Scholarship...Hubka (Chair), DuBois, Paxton Budget & Finance...Levitt (Chair), Jordon, DuBois Labor Management...Fender (Chair), Lewis, Hubka, Levitt FIT / Safety Litigation (Ad Hoc Committee)... Chairs: Marvel/Jordon 2 The Informant Editorial and Advertising Information Editor, Emily Cox x 220 ecox@sdpoa.org 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. San Diego Police Officers Association. All rights reserved. No part of this publication may be reproduced or transmitted in any form without the prior written permission of the publisher.

3 In This Issue Member Spotlight...4 Hero Bowl V...4 SDPOA Legal Representative Program...5 Chaplain s Corner...6 The Crime Files...7 RD Brown Memorial Cigar Mixer...9 PAF Friday Night Softball League...9 Third Annual SDPOA Widows & Orphans Fund Golf Tournament...10 Electronic Privacy on the Job...12 Streetwork: Becoming a Detective in Patrol...14 SDPOA Discount Tickets...16 National Police Week: May 15-21, PERT Perspective...18 UC RFPA Update...20 San Diego Officers Compete in Southwest Police Motorcycle Training & Competition...21 San Diego County Law Enforcement Memorial Ceremonies...22 Save the Date for the SDPOA Summer Picnic th Annual San Diego County Peace Officers Memorial Run...23 Code 4 Chronicles...24 Eighth Annual Officer Down Memorial Motorcycle Rally...25 Stranger than Fiction...26 On the Road...27 At a Glance Calendar...28 Office Manager s Report...29 Classified Ads...29 Board Minutes...30 On the Cover: Photo submitted by Western Division Sergeant Ray Rowe President s Message As everyone already knows, or should already know, Peace Officer Memorial Day is May 15 and the week in which that date falls is known as Police Week. Throughout the month of May, law enforcement officers, their loved ones and supportive members of the community join together for events to pay tribute to peace officers around the country. The SDPOA is sending a large group of SDPD officers to both the national and state ceremonies. We ll be there to witness the unveiling of Officer Chris Wilson s name on the memorial walls and to honor his memory. We anticipate that the cost of sending these officers is around $25,000. If any members of the public would like to help support our effort, donations can be made to the SDPOA and please write Memorial Fund on the memo line of the check. Checks can be mailed to SDPOA, 8388 Vickers Street, San Diego Locally, there will be a Candlelight Vigil held on Tuesday, May 3 at 8:00 pm in front of the Regional Law Enforcement Memorial Monument on the west lawn of the San Diego County Administration Center. The San Diego County Motor Officers Association s Memorial Breakfast will be held next morning at 7:30 am at the MCAS Miramar Officers Club. The Regional Law Enforcement Memorial Ceremony will be that same day at noon on the County Administration Center lawn in front of the monument. Anyone who is able to participate in the law enforcement caravan should meet on Harbor Island at 11:00 am. Specific to the San Diego Police Department, there will be a memorial ceremony and wreath-laying at the SDPD Monument in front of HQ on Thursday, May 5 at 11:00 am. See page 22 for more information on these events. The 20th Annual San Diego County Peace Officers Memorial Run will be held on Saturday, May 14 at 9:00 am beginning at Cannon Park in Carlsbad (see page 23 for more information). I hope each person will take the time to attend at least one of these important events to honor those who have given such great sacrifices. You can also show your support by flying flags at half-staff on May 15, as authorized by Public Law in Ask any businesses with flags to join you in honoring our fallen heroes by flying their flag at half-staff as well. These ceremonies and celebrations are significant reminders of just how much life can change in a moment. To make things easier on our loved ones in the event of a tragedy, it is helpful to have a regularly updated living trust and be sure that you have all of your beneficiaries up-to-date with the City and with the SDPOA. Be safe, May

4 Member Spotlight: Officer Jim Zirpolo Officer Jim Zirpolo grew up in New York and moved to San Diego in 1987 for the purpose of enjoying the weather. By 1988, he entered the San Diego Police Department academy after deciding that he did not want to pursue the accounting career for which he had studied. Law enforcement wasn t a completely out-of-the-blue interest, his father was an officer with the Amityville Police Department and his brother-in-law is a lieutenant with the Nassau County Sheriff s Department. After completing the academy, Officer Zirpolo was initially assigned to Northern Division where he joined the Beach Team. He then spent time at Southeastern Division and Central Division before going to Traffic in December He is currently on the DUI Team and has been on graveyards since September DUI enforcement has proven to be a specialty of his he was the MADD DUI Officer of the Year this year with 186 DUI arrests and he has received that honor two other previous years. In addition to being a top DUI enforcer in the City of San Diego, he has reached the top spot in the County of San Diego twice. With his enforcement area tending to hover around Pacific Beach, downtown and Del Mar, his career high of DUI arrests was in 2009 with 227 DUI arrests. One of Officer Zirpolo s most gratifying arrests came in 2009 when he arrested a DUI driver who had hit and killed a 24-year-old pedestrian as she was walking in a crosswalk in Pacific Beach. Alan Mabrey had five previous DUI convictions in Texas and Colorado and left the scene of the accident to go to a nearby Burger King. He returned to the scene after eating and his blood-alcohol level was three times the legal limit. Mabrey was convicted of second-degree murder, gross vehicular manslaughter while intoxicated and hit-and-run. In December 2009, he was sentenced to 20 years to life in prison. He never liked the idea of sitting behind a desk or being cooped up inside the graveyard shift at Traffic Division gives him the freedom to enforce traffic laws anywhere in the city, while also giving him time off during the day to take advantage of the weather he moved here for. Running is a favorite sunny skies activity he s participated on the Baker to Vegas team for the past 15 years, completed one marathon and four half marathons, and does the Camp Pendleton Mud Run every year. He also enjoys traveling and spending time with his wife and two kids. 4 The Informant

5 SDPOA Legal Representative Program The primary function of the Legal Representative Program is to provide representation to our members in administrative matters not immediately requiring the services of an attorney. These matters may result in discipline, loss of pay or position. By using SDPOA members to provide this service, the POA saves a significant amount of money and gives the attorneys from the law office of Bobbitt, Pinckard & Fields, A.P.C. more time to devote to the more serious cases which result in loss of employment and/or course-and-scope criminal proceedings. At the recent legal representative training session held in February, new and returning legal representatives received information about the Public Safety Officers Procedural Bill of Rights Act and the San Diego Police Department s Policies & Procedures pertaining to appeals, chief s hearings and Internal Affairs investigations. The top priority for the Legal Representative Program is to ensure that members rights are protected and they receive due process in any investigation or disciplinary matter. All SDPOA employee representatives are trained and supervised by attorneys to protect officers interests and provide full representation at the initial stage of an administrative matter. Legal representatives have access to the attorneys to ask questions or obtain advice. Representatives are aware of when it is appropriate to involve attorneys in the representation of subject officers in administrative investigations. Investigations must be about the officer breaking some written rule, usually an established policy or procedure. The legal term for the proceeding is An Investigation into an Allegation of Misconduct. These investigations are important to the San Diego Police Department (and all law enforcement agencies) because they are a part of management s responsibility to protect the Department failure to discipline can amount to deliberate indifference or negligence and disregards each agency s duty to serve the public. Court decisions, if investigations go that far, help to preserve the public s trust and preserve credibility. The purpose of discipline is to notify the employee of the mistake or misconduct and provide for remediation/training and to reinforce department values, rules and standards. Additionally, discipline is designed to reduce the Department s exposure to civil liability and punish willful and deliberate violators. Legal representatives check to make sure that the entire process is in compliance with the Memorandum of Understanding (MOU) between the City of San Diego and the San Diego Police Officers Association and also in compliance with established policy, the Public Safety Officers Procedural Bill of Rights Act and any other applicable laws. The Public Safety Officers Procedural Bill of Rights Act (PO- BOR) applies to all public safety officers, as defined by Government Code Section The Public Safety Officers Procedural Bill of Rights Act was initially introduced in 1974 and was signed by Governor Jerry Brown in 1976 to take effect in Under the act, parameters for interviews and interrogations are set and ensure subject officers receive fair treatment during interviews, along with access to notes from the meetings. There are other safeguards in place that most officers are not familiar with which is where a legal rep comes in. Legal representatives are assigned to cases to serve as advocates for the officer s rights. Subject officers are often anxious and are often unable to look after his or her own rights as well as someone with an outside perspective and significant background knowledge. Continued on page 8 Continued on page 8 May

6 Chaplain s Corner By Herb Smith, SDPD Chaplain The wicked flee when no one is pursuing, but the righteous are bold as a lion. By the transgression of a land many are its princes, but by a man of understanding and knowledge, so it endures (Proverbs 28:1-2). Last month, I experienced a unique opportunity in being able to stroll the halls of the Pentagon with a Navy Captain assigned to the Joint Chiefs of each branch of our military. Keeping faith in the hope of God s lovingkindness and truth will always inspire courage, and leave a legacy of integrity that will incorporate our future honor, and the last, greatest hope of earth (A. Lincoln). Evil men do not understand justice, but those who seek the Lord understand all things (v. 5). As the Senior Chaplain responsible for assessing and reporting on chaplain needs and effectiveness wherever the U.S. Military is engaged world-wide, his travels take him to all corners, including front-line forward operating bases. He counsels, digs foxholes, reads faces and listens to the cry of the soul as soldiers, and their chaplains, deal with separation, loss, loneliness, doubt, fear, unrelenting physical stress and the perplexities of fragile expectations between hope and the realities of war s inexorable day-to-day tragedy all around. Such an existence becomes a way of life by necessity, fighting to stay alive, accomplish the mission and remain focused in spite of the distraction of faces in their minds they ll never see again. The most serious place on earth, where the intimacy of soul and spirit is stark, cold and transcendent, is in theater where life and death have a daily exchange. Mortality overshadows every movement and moment. Moving throughout the halls mirrored that correlation, in the faces of select generals, staff, those from the front circulating in and out, and the compelling displays of American History that line those halls. Exhibited there are artifacts of events, the clothes and personal effects of the times and leaders that have led America through some of her most harrowing epochs of war, humanitarian aid, restoration (Japan ) and intervention (Berlin Air Lift ). Portraits, murals, life-size encasements and hall-lining vaults of the moments, men and women of excellence who, but for their understanding of and commitment to the sanctity and sacrifice of freedom, were willing to pay any price, bear any burden, meet any hardship, support any friend, oppose any foe, in order to assure the survival and the success of liberty (JFK). So immersed at every turn, and seeing the very men in the halls carrying that clarion call forward in our day, felt like swimming in the midst of our past, present and future. The cost of it all, incalculable. To the degree America has stood and sacrificed for truth and justice, it has prospered in monumental proportion. Whether it will carry on is by God s grace and we-the-people. Will this generation and the next have its own mural of honor? 6 The Informant ISRAEL TOUR for 1ST RESPONDERS October 21 to November 3, 2011 *Optional post-tour Greece & Turkey cruise - Nov. 3-11, 2011 Athens, Corinth, Istanbul, Ephesus, Patmos & more We are returning to Israel with a small group of police officers with their families or friends to see the Holy Land and interact with Israeli police and Defense forces. Sea of Galilee, Nazareth, Caesarea, Bet She an (Roman ruins), Golan Heights, Masada, Dead Sea, Bethlehem, Jerusalem, Western Wall, Southern Steps, Mt. of Olives $3250 per person from San Diego plus $550 air taxes & fees, (estimated-subject to change) $145 tips and gratuities, (single supplement $750) Tour includes round trip air from San Diego to Tel Aviv, transfers on arrival and departure, air-conditioned motor coach, 12 night accommodations, daily breakfast & dinner per itinerary, sightseeing including entrance fees per itinerary, English speaking Israeli guide. Tour cost does not include: passport, visa/fees, air taxes including fuel surcharge (estimated at $550 subject to change), lunches, beverages, phone calls, personal expenses, tips & gratuities or trip cancellation insurance. A deposit of $400 per person and completed form is required immediately to hold your place. Final payment is due July 15, For additional information contact: Phil Bozarth at philbozarth@yahoo.com or Herb Smith at hsmithclef@aol.com

7 By Steve Willard In the 1920s and 30s, few jobs were less secure than SDPD Chief. Between the Mayor and the Council, political meddling from City Hall kept life at the top very short. From , the average term for an SDPD chief was 11 months. Then came Harry J. Raymond. Local history will remember his tenure as briefer than most, and perhaps even the strangest. Chief Harry Raymond was sworn in on June 5, With more than 20 years of police experience, largely as an LAPD investigator, he brought a reputation for efficiency in force management, according to the Los Angeles Times. Despite the endorsement, his appointment to the $300/month job was instantly questioned. San Diegans were unhappy the City had bypassed qualified department candidates to hire an outsider. There were also a number of sensational rumors from Los Angeles of unsavory links between Raymond and the underworld. Two local attorneys claimed Raymond had taken calls from grifters asking him to come to San Diego. The official city response was simple: there was a strong need to reform the police department. Said City Manager Fred Lockwood, there are three or four cliques in the department and an outside man could break them up better than a man in the department. Regarding the mob ties, those had been thoroughly investigated and not sustained. Defenders of the new chief believed he would clean up the petty racketeering thought to be growing in San Diego. Instead, Chief Raymond focused inward and within a month he announced sweeping personnel changes. To distribute efficiency and place men in more active positions, he ordered the transfers of more than 1/3 of the 280 rank and file officers. The biggest staff shakeup in department history sent several veterans, including two former chiefs, from headquarters to remote substations at Ocean Beach, La Jolla and East San Diego. In the opinion of Abe Sauer, the crusading editor of the weekly San Diego Herald, Raymond s changes turned the department upside down and left it with its head in the dust and its legs kicking idly in the air. Throughout the summer of 1933, there was a drumbeat of scathing criticism from the San Diego Union, complaining that police work was being politicized. Fed by officers who knew members of the press, and perhaps even police reporters stationed inside of headquarters, the paper had plenty of ammo. Among other things, an editorial cited a spiteful raid on a nightclub and the arrests of several out-of-town entertainers. In late August 1933, things went from bad to worse. What the San Diego Union termed A loud-mouthed squabble over a midnight glass of beer became the demise of Chief Raymond s local career. Chief Raymond was a customer at the popular Hof-Brau nightclub at State and C Streets, where he ordered a beer Saturday night, August 26, The beer was served tardily and the chief complained to the management he was not given the proper attention he deserved. The The Crime Files outrage led Harry Raymond straight to a phone booth inside the nightclub where he called Vice Lt. George Sears. A short time later the chief met Sears at headquarters and ordered his detectives to raid the Hof-Brau and to stop dancing at 12 am, confiscate gambling paraphernalia, make arrests of all drunken persons and anyone causing a disturbance. Detectives hit the Hof-Brau right at midnight. The music and dancing was stopped, slot machines were dragged outside and the nightclub was closed. The owner of the club, James Crofton, protested to Sears, demanding to know why he was being singled out. When Sears relayed the complaint to the chief, Raymond ordered all police radio patrol cars across the city to close every beer hall and to make appropriate arrests. Within an hour more than 30 people were arrested for public drunkenness. Early Sunday morning the inmate population at the city jail was a mix of blue collar workers, sailors, businessmen, attorneys and politicians. By Monday morning, the public uproar was front page news. Those arrested over the weekend were quickly released by a justice court judge. The San Diego Union turned its wrath towards the new chief and accused Raymond of humiliating ordinary San Diegans to gratify a petty grudge. They demanded his resignation. Harry Raymond quickly released a statement saying it was nothing personal and his orders to conduct the raids were only intended to enforce a local ordinance that prohibited dancing after midnight. City Attorney Clinton Byers released his own statement declaring there were no ordinances that specified what time dance halls and nightclubs were supposed to be closed. Harry Raymond was now boxed in a corner. After a week of rumors of his impending resignation, he finally issued a statement stating, I m not going to hand in my resignation to anybody at any time. By now, City Manager Fred Lockwood had seen enough and asked for Raymond s resignation. Harry Raymond responded by ignoring him. One day later, Manager Lockwood sent a letter that informed Raymond that his services as chief of police were no longer required and then held a press conference announcing Raymond is not the man for the police job. He has shown no executive ability and he is temperamentally unfit for the post. Harry Raymond s SDPD tenure was finished less than 90 days after it began. The ex-chief threatened action against the City Council to reclaim his job but then quietly left town for LA, where he resumed an eventful career as a private investigator. Lockwood replaced Raymond with Lieutenant John T. Peterson, a likeable former chief who had been exiled to the East San Diego substation by Chief Raymond. Pete Peterson would serve for one year, only to be replaced by George Sears, who would retain the post for nearly five years. Next month: how Harry Raymond brought down the LAPD and Los Angeles City Hall. May

8 Continued from page 5 - SDPOA Legal Rep Program Once assigned to a legal rep, the subject officer should not speak with anyone else about the case. The legal representative takes over all communication with the Internal Affairs sergeant, including scheduling. During interviews, the representative is an active participant with the ability to object to questions or request clarification. Representatives look out for officer s best interest and make sure there are pauses for necessary breaks, however, they may not unduly interfere with an interrogation. If you are an SDPOA member and you become a subject officer in an investigation, be sure to contact the law office of Bobbitt, Pinckard & Fields immediately at (858) to request a representative. Legal representatives cannot take on a case until it has been called into the law office. Bobbitt, Pinckard & Fields also has legal defense plans in place for the Deputy Sheriff s Association of San Diego County and the San Diego County Probation Officers Association. For other associations, their members are covered by the PORAC Legal Defense Fund and their first step is to contact PORAC/LDF at to request coverage and a referral to their assigned law firm. San Diego Police Officers Association Legal Representatives provide this service voluntarily. They receive no additional compensation and provide significant savings to the SDPOA. Featured on Diners, Drive-Ins and Dives with Guy Fieri! We re working 24/7 just like you! Studio diner 4701 Ruffin Road San Diego, CA Ask your server about our rewards card! 8 The Informant All of our members should express their appreciation to the following SDPOA members who currently participate in the Legal Representative Program: Kristen Adams Sgt. Bill Albrektsen Sgt. Dan Albright Chris Asbell Sgt. Cyndi Beilstein Daniel Billberry Mike Bland Mark Brenner Judson Campbell Frank Caropreso Juan Cephas Jeff Chione Sgt. Matt Dobbs Manny Dominguez Shari Ellithorpe Scott Ellsworth Rod Fischer Brian French Ruben Gutierrez Tyler Hamby Ulysses Harvey Gary Hildreth Mark Hodges Vanessa Holland Dana Hoover Terry Hoskins Danica James Sgt. David Jennings Jim Jones Dan Leach Chris Leahy Louis Maggi Terry Marquez Jose Mercado Law Office Teo Millan of Dan Zeidman Randall Mills Homayoun Nabizadeh Jerry Owens Kevin Patrick Eric Portnoy Sgt. Paul Salas Jericho Salvador Sgt. Bob Schenkelberg Arthur Scott Adam Sharki Sgt. Steve Shaw Ben Shumaker Sgt. Ray Stachnik David Stafford John Sullivan David Surwilo Michael Swanson David Tos Bob Truderung Jonathan Wiese Christopher Wilcken Sgt. Mark Willhelm Tyler Wolfe Andrea Wood Brandon Woodland Dan ZeiDman, esq. Law Offices Of Dan ZeiDman 260 East Chase Avenue, Suite 201 El Cajon, California Phone: Fax: dzlaw@att.net 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 47.5 Defamation of a Peace Officer [Loshonkohl v. Kinder (2003) 109 Cal.App. 4th 510]; $1,115, in court verdict, jury verdict, and settlements for SDPD for Dona Loshonkohl against James Kinder 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 8. $1,425, settlement for San Diego police officer No Recovery No Attorney Fees 26 Pro fam

9 Diamonds Ltd. RD Brown Memorial Cigar Mixer Presented by the San Diego Police Historical Association Friday, May 6 at 1730 hours SDPD Pistol Range, 4008 Federal Boulevard, San Diego, $20.00 per person (includes dinner, adult/soft beverages, and cigar) To RSVP or purchase tickets, please contact: Ed LaValle (619) ; Steve Willard (619) Reggie Frank (619) ; Kryse Brown (619) Raffles, Prizes & Music PAF Friday Night Softball League The San Diego Police Athletic Federation s Friday Night Grab-Ass Softball League will start its 2011 season in May after shift change. All members of the department are encouraged to attend and/or participate. Sworn members of the department MUST be POA members. If you are interested in signing up a team from your division, contact Jason Jarrells (Eastern Division) for more information. Diamonds Ltd. FINE JEWELERS a name you can trust Specializing in: Diamonds Gemstones Manufacturing Custom Design Gold & Platinum Appraisals by GIA graduates (Not pictured: Ed Zwibel SDPD # Eastern Division) Gold, Jewelry, & Estate Buyers Cash paid on the spot! Any quantity, any condition, in strict confidence (Bonus paid for larger diamonds) Don t forget to ask for Work done on premises! Repairs Redesign Restoration Stone Setting Laser Repair/Weld Inside Ring Engraving 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) May

10 3 rd Annual SDPOA Widows & Orphans Fund Golf Tournament Monday, June 27, 2011 Check-in: 12:30 pm Shotgun Start: 1:30 pm Carlton Oaks Golf Course 9200 Inwood Drive Santee, CA Four Player Scramble Closest to the Pin, Longest Drive, Straightest Drive, Hole-in-One and Putting Contests Early Registration: $100 per person (on or before May 31) Regular Registration: $125 per person (June 1 - June 17) (Includes green fees, cart, range balls, event t-shirt and dinner) Reserve your spot early - space is limited! If you have any questions regarding this event, please contact the SDPOA office at All proceeds benefit the Widows & Orphans Fund, a 501(c)(3) organization Please make checks payable to SDPOA Widows & Orphans Fund and mail with this form to: San Diego Police Officers Association Attn: Widows & Orphans Fund Golf Tournament 8388 Vickers Street San Diego, CA ALL FOUR ENTRY FEES MUST ACCOMPANY THIS FORM Player Names: T-Shirt Size (M, L, XL or XXL) Team Contact Name: Phone Company or Agency: 10 The Informant

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12 Electronic Privacy on the Job Can a department monitor its officers use of official devices? By Devallis Rutledge Increasingly, law enforcement agencies issue electronic communication and information equipment to employees for their use in performing official duties. Such devices may include desktop or notebook computers, mobile digital terminals in police cars, ipads, cell phones, pagers, BlackBerrys, and other products that will come onto the market as the technology develops. Access to and use and monitoring of the information stored or transmitted by means of such devices may be subject to a variety of employer policies, state and federal statutes, constitutional provisions, and case law. Though courts have generally lagged far behind in the task of applying yesterday s rules to today s technological innovations, an opinion issued in 2010 by the U.S. Supreme Court (in a case considering a set of facts from nine years earlier) made a very limited attempt to give constitutional guidance. The issue presented was whether police managers violated a sergeant s Fourth Amendment privacy rights by auditing the sergeant s text messages sent during duty hours over a department-issued electronic paging device. City of Ontario V. Quon In the course of this audit of on-duty texting, management discovered that Quon was using the pager for personal mes- 12 The Informant saging during work hours. In one month, for example, Quon sent or received 456 messages while on duty, of which no more than 57 were considered to be work-related. On an average workday, he sent or received 28 messages, of which only three related to police business. As a result of these findings, Quon was disciplined, apparently for unauthorized personal use of official equipment. He then sued the department, claiming a violation of his Fourth Amendment rights. Although Quon and other plaintiffs questioned the propriety of the managers reading of officers messages, the jury found that the employer conducted the audit of Quon s texts for a legitimate, work-related purpose-namely, to evaluate the need for a new service agreement. The Fourth Amendment claim was therefore dismissed. On appeal, the Ninth Circuit Court of Appeals reversed, ruling that Quon had a reasonable expectation of privacy in his on-duty text messages in spite of the computer policy, and that the employer s audit was an unreasonable invasion of that privacy right. The City appealed to the U.S. Supreme Court. Jeff Quon was a SWAT sergeant at the Ontario (Calif.) Police Department. In 2000, he signed a written statement acknowledging that he had read and understood the department s Computer Usage, Internet and Policy. This policy specified that the City reserves the right to monitor and log all network activity including and Internet use, without notice. Users should have no expectation of privacy or confidentiality when using these resources. The next year, Quon was issued an alphanumeric pager capable of sending and receiving text messages. Although the computer policy did not specifically mention text messaging, managers notified employees that the policy would also apply to the new devices. The department had estimated how many text characters officers were expected to use in a month on the job and had signed a service agreement with the provider based on that estimate. When it was later apparent that some officers were greatly exceeding their monthly allotments, management decided to conduct an audit to assess the need to revise the service contract, to eliminate the monthly task of collecting fees from officers for the excess usage and remitting to the provider. The Supreme Court, in a judgment concurred in by all nine justices, reversed the Ninth Circuit and held that assuming Quon had a reasonable expectation of privacy in his texts sent via an employer-furnished pager, management s limited audit of his on-duty texts for the purpose of evaluating the need for a new service agreement did not constitute a violation of the Fourth Amendment. At the same time, the court cautioned that its decision would not necessarily cover all instances of access to electronic information. Takeaway Value Several important points can be derived from statements in the court s decision in City of Ontario v. Quon: Public employers are bound by the Fourth Amendment. The Fourth Amendment applies when the government acts in its capacity as an employer. Individuals do not lose their Fourth Amendment rights merely because they work for the government instead of a private employer. Legitimate expectations of privacy may evolve with changing technology. The Court must proceed with care when considering the whole concept of privacy ex-

13 pectations in communications made on electronic equipment owned by a government employer. Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence, and extent, of privacy expectations enjoyed by employees when using employer-provided communication devices. Rapid changes in the dynamics of communication and information transmission are evident not just in the technology itself but in what society accepts as proper behavior. It is important for employers to have clear, comprehensive policies that put employees on notice of the conditions of use of department-issued equipment. Employer policies concerning communications will of course shape the reasonable expectations of their employees, especially to the extent that such policies are clearly communicated. Since police communications may become evidence in a criminal case, officers should realize the risk that their messages may have to be disclosed. Even if he could assume some level of privacy would inhere in his messages, it would not have been reasonable for Quon to conclude that his messages were in all circumstances immune from scrutiny. As a law enforcement officer, he would or should have known that his actions were likely to come under legal scrutiny, and that this might entail an analysis of his on-the-job communications. The ruling in Quon may not apply to all future scenarios of employer access to employee communications made over employer-issued devices. A broad holding concerning employees privacy expectations vis-à-vis employer-provided technological equipment might have implications for future cases that cannot be predicted. The Supreme Court emphasized that it was not necessarily finding that Quon had a reasonable expectation of privacy in his texts over departmental pagers but was simply assuming that he did for the sake of argument, since the case could be resolved by finding any invasion of such an arguable expectation was reasonable under all of the circumstances. Said the court, Quon was told that his messages were subject to auditing. The search was permissible in its scope. The employer did not violate Quon s Fourth Amendment rights. Prudent Precautions Even though the Supreme Court declined to lay down any hard and fast rules that might give concrete guidance to both management and officers, two conclusions seem safe to draw. Management: In consultation with civil legal advisers, managers should promulgate written policies covering the conditions of employees use of all issued equipment, including communications devices, that clearly spell out permissible and impermissible uses and the fact (as applicable) that employee use is subject to monitoring, auditing, and discipline for unauthorized use. Employees: Officers and others who are assigned communications devices by their employer should be sure they understand and abide by applicable policies regarding personal use and management oversight. Both managers and employees should consult local legal advisers for additional considerations. (Connecticut and Delaware, for example, statutorily prohibit unannounced monitoring.) Devallis Rutledge is a former police officer and veteran prosecutor who currently serves as Special Counsel to the Los Angeles County District Attorney. He is the author of 12 books, including Investigative Constitutional Law. Copyright Police Magazine/PoliceMag.com. All rights reserved. Used with permission. May

14 Streetwork: Becoming a Detective in Patrol By Dr. Steve Albrecht One of the final ideas in my 2009 book, Tactical Perfection for Street Cops, was asking patrol officers to be much, much more proactive: Always come to work with a project in mind. Don t just show up and ride around all day or night and wait for work to come to you. Be a detective in patrol. you get there. If you don t catch the bad guy with the smoking gun, the drugs falling out of his pocket, or in the car with the victim s blood on the fender, you will need to dig deeper, ask better questions, capture the scene perfectly, investigate who and why and where, use your available computer resources, following up and actively looking for him that day and the next, until he is caught. One day you might check all of the cheap motels on your beat for stolen cars or drug dealing. On another, you might check your neighborhood sex offenders to see if they re registered, in compliance and staying on any geographic probation or parole conditions. On another day, you could look for probationers or parolees at large, or do a warrant sweep. On one day, you talk to confidential informants; on another you write as many hazards cites as you can at two or three problem intersections. The point is not to be passive. Some officers come to work with three goals: eat, get off work on time, and stay out of the grease. This means they will only do what they are told to do: get a radio call, drive there, and handle it. One truth is that this level of activity may be what they get paid to do: sit in the field and preserve the peace. The real truth is that real cops are assertive, curious, and vigilant, all the time they are at work, and not just when they are directed to respond. More and more, as you take on this new Detective in Patrol rank, it will be up to you to take ownership of your work. You ll need to think beyond just showing up, taking the report, and climbing back into the car. As a Detective in Patrol, you cannot be influenced by the usual need for speed, for crimes you respond to in the field (check the right boxes, write the right words, and hope someone else catches the guy later). Ronald Hauser, Attorney at Law You ll have to think beyond the initial response, and start considering the crime scene as more than just what you see when Pro Sound/Music For All Odd Occasions Numbered Months Weddings Retirement/Birthday Parties Professional DJ/Gear/Engineer Indoor/Outdoor Events Reasonable Rates Please Call Or For Quote anything else is just noise TMAG SOUND Phone: Fax: tmagproductions@cox.net Law Enforcement Owned & Operated 14 The Informant price through your current contract is $113/month This will take all of your current abilities to do a complete and thorough field investigation. You have a duty to your profession, our department, your beats, your own reputation, and to the living and dead victims and their families. You have an obligation to help our prosecutors win their cases, lessen the possibility of real or bogus appeals, and make it easy for the judges to hand down the sentences these crooks deserve. How many times in your work day is it up to you? You re often alone out there and the solution is in your hands. Becoming a Detective in Patrol is all about functioning with accurate urgency (do it right and do it fast), making a great arrest, writing the bulletproof report, and helping to craft the can t-beat-us court case. One of the longest and most vocal complaints from crime victims (or their families, if they have been murdered) is how they are so unceremoniously removed from the justice process. It s not Mrs. Jones, who was assaulted in Balboa Park versus Johnny Wronguy (genus type: Pukeus Americanus). It s the State of California versus the criminal in question, and the victim is pushed out of the equation. Victims are left out of a lot of their own experiences, save for their hearing or trial testimonies and a brief moment at the sentencing phase, where they are allowed to speak about the impact of the crook s behavior upon their lives. Part of your efforts should be to make it easier on the victim to get real closure and harder on the crook to get away. divorce BankRuptCy discount to law enforcement Ronald a. HauseR attorney at law (619) (619) national City san diego la Mesa

15 When you hit the field as a Detective in Patrol, your motto should be: I m going to use every ounce of my energy and my brain power to catch every crook who challenges my authority to keep this community safe. Being a Detective in Patrol takes time and energy; some cops just don t want to do what it takes to solve serious, real crimes, especially if it can t be done within the boundaries of a ten-hour patrol shift. This is not a task for cops who don t like do to homework, or have their jobs leak over into the next day. You may have worked with cops like these, who have several goals during their shifts, like: stay out of trouble; don t get their uniforms dirty; don t volunteer for anything hot, dangerous, or time-consuming; get something to eat; write a ticket or two; and most definitely, get off work on time. These are the cops you see driving the other direction after a bank robbery, and not because they are doing a perimeter search for the suspect. Becoming a Detective in Patrol is for cops who want to become investigative bulldogs, who want to make a contribution to their communities and develop their professional expertise as crime-fighters, problem-solvers, and creative thinkers. You can build your career as an investigator by what you do in patrol. If you still need more reasons to become a Detective in Patrol, consider these: You make it more likely and possible you ll get promoted to detective or to patrol sergeant. You can enhance your reputation as a skilled, streetsavvy, and investigative cop. You can make better arrests, which will stick in court (and beat back the defense attorneys and STOP, DROP & ROLL!! Everybody s talking about it, but, what does it mean to YOU? Make the best days of your life your retirement years! Our professionals at Focus Investment Advisors will analyze, strategize and execute a plan that will offer you a more secure retirement. To find out what your options are before you roll, call or for more information: (760) ext: 100 StopDropRoll@FocusInvestment.com Securities offered through Girard Securities, Inc. A registered Broker-Dealer. Member FINRA/SiPC. Girard Securities, Inc. is not affiliated with Focus Investment Advisors. public defenders and their constant criticisms of our methods). You can create safer streets by proving the rule that 80 percent of the crimes are committed by 20 percent of the crooks, and locking up career criminals, third-strikers, and others lost to the possibility of rehabilitation. You can make bigger arrests of violent people, seize more drugs, guns, stolen property, cars, etc., which leads to happier citizens, pleased sergeants, and proud Chiefs. You can write better, more thorough reports, which mean happier prosecutors. You can enjoy your job more and prevent patrol burnout. You can teach your partners (covertly) and new officers and recent trainees (overtly) how to do this job with safety and skill. You can model the right police behavior, which is, We aggressively fight crime while we keep the peace. We do this by putting bad people in jail, every day and every night. You can put the fear of God into certain crooks and drive them out of our city (either via a prison bus or by their own decisions). About the Author: Steve Albrecht worked for the San Diego Police Department from 1984 to His books include Contact & Cover; Streetwork; Surviving Street Patrol; and Tactical Perfection for Street Cops, which are all available from He can be reached at steve@contactandcover.com. Considering a career change? Want to own your own business? Become an Insurance Agent with Farmers Insurance! Contact: Michael Pugsley District Manager Ext. 12 Extensive Training Financial Assistance May

16 SDPOA Discount Tickets ATTRACTION AGE MEMBER REGULAR EXPIRES Limits CALIFORNIA ADVENTURE -OR- ADULT (10+) $71.00 $ /31/2011 8/Member DISNEYLAND 1 DAY PARK PASS CHILD (3-9) $65.00 $68.00 per month (Black Out Dates Apply) CALIFORNIA ADVENTURE -OR- ADULT (10+) $91.00 $ /31/2011 8/Member DISNEYLAND 1 DAY HOPPER CHILD (3-9) $83.00 $91.00 per month CALIFORNIA ADVENTURE AND ADULT (10+) $ $ /31/2011 8/Member DISNEYLAND 2 DAY HOPPER* CHILD (3-9) $ $ per month * Second visit MUST be used within 13 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") $29.99 $21.99 $56.99 $ /31/2011 8/age group per month KNOTT'S BERRY FARM REGULAR JUNIOR(- 48") $21.99 $19.99 $31.99 $ /25/2011 8/age group per month LEGOLAND-GET A SECOND DAY FREE ALL AGES $53.00 $ /31/2011 8/Member per month LEGOLAND TRIPLE PLAY LEGOLAND, SEALIFE AQUARIUM & WATERPARK ALL AGES $63.00 $ /31/2011 8/Member per month MAGIC MOUNTAIN ADULT $25.99 $ /31/2011 8/age group CHILD (- 48") $17.50 $29.99 per month MEDIEVAL TIMES CA ADULT (13+) $41.74 $57.95 No 8/age group CHILD (-12) $31.45 $37.95 expiration per month SAN DIEGO ZOO ADULT (12+) $33.50 $ /1/2011 8/age group CHILD (3-11) $25.00 $30.00 per month SAN DIEGO ZOO SAFARI PARK ADULT (12+) $33.50 $ /1/2011 8/age group CHILD (3-11) $25.00 $30.00 per month SEA WORLD - 1 DAY ADULT (10+) $49.99 $ /1/2011 8/age group CHILD (3-9) $49.99 $ /31/2011 per month SEA WORLD FUN CARD ALL AGES $59.00 $ /31/2011 8/age group per month UNIVERSAL STUDIOS ALL AGES $64.00 $ /31/2011 8/Member 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 READING $7.00 $11.50 No expiration per 7 days ULTRA STAR $6.25 $ /31/2013 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. Confused About DROP Options? Let the Syrios Wealth Management Group of Wells Fargo Advisors help you understand all of your retirement options before you make what could be the most important financial decision of your life. The Syrios Wealth Management Group will provide a complimentary, no obligation analysis on: DROP Deferred Comp 401(k) If you would like to have a better understanding of your financial future, feel free to contact The Syrios Wealth Management Group at to schedule an appointment. To learn more about Law Enforcement services, visit their website at 16 The Informant Wells Fargo Advisors, LLC, Member SIPC

17 National Police Week May 15 is National Peace Officers Memorial Day, a day to recognize officers injured or killed in the line of duty. The week in which May 15 falls has been known as National Police Week since October 1, 1962, the day when President John F. Kennedy signed Public Law In 1994, the 103rd Congress amended the resolution as part of the Violent Crime Control and Law Enforcement Act and President Bill Clinton signed Public Law The amendment directs all government building to fly the United States flag at half-staff on May 15. The Joint Resolution of the 87th Congress as amended by the 103rd Congress states: Whereas the police officers of America have worked devotedly and selflessly in behalf of the people of this Nation, regardless of the peril or hazard to themselves; and Whereas these officers have safeguarded the lives and property of their fellow Americans; and Whereas by the enforcement of our laws, these same officers have given our country internal freedom from fear of the violence and civil disorder that is presently affecting other nations; Whereas these men and women by their patriotic service and their dedicated efforts have earned the gratitude of the Republic: Now, therefore, be it May 15-21, 2011 Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue proclamations (1) designating May 15 of each year as Peace Officers Memorial Day in honor of the Federal, State, and municipal officers who have been killed or disabled in the line of duty, (2) directing the officials of the Government to display at half-staff the flag of the United States on all Government buildings on such day, as provided by section 3(m) of the Act of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175), (3) designating in each year the calendar week during which such May 15 occurs as Police Week, in recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws, and (4) inviting the governments of the States and communities and the people of the United States to observe such day and week with appropriate ceremonies and activities, including the display at half-staff of the flag of the United States Spruce Woodlands Way 5 Bedroom, 3 Bath, 2601 sq. ft. Offered between $419,888 - $459,888 Our Featured Listing SELL (7355) SDPDhomes.com RAY SHAY Realtor & Retired SDPD Lieutenant DRE Lic# THERESA SHAY Realtor DRE Lic# All information deemed reliable, but not guaranteed. Buyer should verify all information before close of escrow. A TeamYouCanTrust SM May

18 PERT Perspective: Self Injury By Dr. Kathy Rose, PERT Team Leader and Eastern PERT clinician Blood, carved flesh, razor blades or Exacto knives: the combination can evoke a visceral reaction in first responders. Selfinjury, or cutting, is a mental health topic which generates numerous requests for PERT by patrol units. While more officers than ever before are versed in the phenomenon, the topic remains a source of controversy and confusion for many. Is it a suicide attempt? Should anyone who cuts be hospitalized on a 5150? And if not a suicide attempt, why do people cut, burn and maim themselves? Cutting or self-injury (including burning, biting, bruising, headbanging, picking at skin or hair-pulling, and hitting oneself with objects) is an intentional act of self-harm, but is not considered suicidal behavior. It is typically not an isolated act, and with repetition, can even become ritualistic in nature. An act of self-injury is invariably followed by feelings of relief, release, or elevated mood, providing the individual with a quick fix. Those who engage in self-injury are often attempting to relieve extreme stress or other intense emotions; seeking an outward manifestation of inner pain; wanting release from emotional numbness; trying to manipulate others, oftentimes hoping to evoke caring or guilt; attention-seeking or conveying an indirect cry for help; or expressing self-hatred and a perception of deserved punishment. These self-harm behaviors are utilized as a coping mechanism, albeit an unhealthy one. Self-injury can be a symptom of mental illness and is often seen in clients with Borderline Personality Disorder, Bipolar Disorder, Obsessive-Compulsive Disorder (and other anxiety disorders), depression, eating disorders and Schizophrenia. It is more common in adolescent females; individuals with a history of emotional, physical or sexual abuse; and in those whose ability to express emotions has been somehow compromised, either due to upbringing or lack of a strong support system. Although more common in these groups, self-injurious behaviors can be found in any age, gender, or socioeconomic class. An estimated 14-24% of adolescents and young adults have experimented with self-injury. A disturbing new trend which could increase these numbers by reinforcing or normalizing the behavior is the posting of self-harm videos on popular internet sites such as YouTube. A recent study found that the most popular of these videos had over two million viewings. As first responders, it is important to note that while suicide is not the intended result, acts of self-injury can be life-threatening and may require hospitalization. Likewise, the concern raised by self-injury should never be minimized just because it is not suicidal behavior. Professional help is needed for learning healthy coping mechanisms for handling stress and other powerful emotions. Counseling and support groups, as well as anti-anxiety and anti-depressant medications and relaxation techniques can be helpful in treating someone who exhibits self-injurious behaviors. A PERT team can assist you with appropriate referrals, or in making the determination if other risk factors exist. Dr. Kathy Rose is the PERT Team Leader and Eastern PERT clinician. Please feel free to any questions, or suggestions for future topics to: krose@comresearch.org Schroth & Schroth is licensed to practice in all courts in the states of California and Wyoming. We offer free consultations, and focus in the following areas of law: Injury & Death Birth Injuries Brain Injuries Catastrophic Injuries Child Injuries Construction Injuries Dog Bites Personal Injury Skiing Injuries Slip & Fall Wrongful Death 18 The Informant Transportation Injuries Auto Accidents Auto Defects Bicycle Accidents Boating Accidents Jet Ski Accidents Motorcycle Accidents Pedestrian Accidents Train Accidents Trucking Consumers & Families Breach of Contract Business Litigation Class Action Consumer Protection Construction Defects Dangerous Drugs Elder Abuse Medical Malpractice Nursing Home Negligence Product Liability Swimming Pool/Drowning Unfair Debt Collection Practices The Law Offices of Schroth & Schroth, LLC 2044 First Ave., Suite 200 San Diego, CA (619) John L. Madigan Of Counsel Professor of Law Retired Captain - SDPD Commissioner - SDPD Museum Board Member - Sheriff s Museum Third Page: $261.25/month with member

19 Drew Auto Center Our Goal... Customers For Life Fleet Highlighting Pricing cop-friendly Huge Inventory eateries in the City of San Diego that provide a full meal for under or around $8.00 using a strict 5 badge rating system. State-of-the-Art Collison repair Center Finance & Lease Programs The east Large coast Service keeps secrets. Department Food secrets. Complete They create Parts & Apparel Store some of the most wonderful food ever, ensuring the rest of the country will forever extended swoon over the warranty unique taste & Security of a true New Protection York slice or gasp at the impossible deliciousness of a street For an appointment, call one of your PoA representatives: hot dog. Occasionally we are rewarded, and the east coast dispatches someone to set up shop and peddle the culinary delights that were born in the far away land east of the Mississippi. I give you, Mike Sabrett s Safford Hot Dog (ext. Stand. 7729) or Jerry Miller (ext. 7727) FLeet DePArtment toll Free (888-Drew-ForD) Sabrett s is located at 4505 Clairemont Mesa Boulevard, in Northern Division. It s not close to anything and not close to a freeway. They are open M-S from 9-3. Sabrett s is in a gas station lot, so parking is slightly limited F150 UC-7: An Anonymous Eater 2011 Explorer The menu is straight to the point. It includes the following: The Regular Hot Dog, The Sabrett s Spicy Dog and The Louisiana Spicy Grilled Dog. There are a variety of toppings, but the popular combinations are listed for the customer. I chose the Sabrett s Spicy with The Works (chili, red onion sauce, deli mustard, sauerkraut) and the Regular with The California (onions, mustard, ketchup). The Sabrett s Spicy was excellent. The spiciness packed a healthy punch and was complimented perfectly by the red onion sauce. The Regular dog was equally as wonderful, but with a milder flavor. Jacob D opted for the Regular dog with The New York (red relish, deli mustard) and the Louisiana Spicy Grilled with The Works. The Regular was savory and sweet from the wonderful red relish. The Louisiana Grilled Spicy, however, was the star of the show. With a great texture and a variety of rich spices, combined with the flavors of The Works toppings, this dog was a home run and our favorite. We actually contemplated going for a second round, but Jacob D s more clear-headed reasoning won out over my gluttonous tendencies. The little stand is the perfect economical and fast choice for lunch. The Regular dogs were $2.75 each. The Sabrett s Spicy and the Louisiana Grilled Spicy were $3.00 each. Our total for lunch with two drinks and one bag of chips was $ I should mention these dogs are 100% beef and feature a wonderful snap when you take a bite. Sabrett s Hot Dog is a prime choice for the cop on the go and I am giving it four badges. I welcome all comments, my is UC-7@live.com 2011 Explorer 2011 F150 Drew Auto Center Our Goal... Customers For Life Fleet Pricing Large Service Department State-of-the-Art Collison repair Center extended warranty & Security Protection For an appointment, call one of your PoA representatives: Huge Inventory Complete Parts & Apparel Store Finance & Lease Programs FLeet DePArtment Mike Safford x7729, 26 years Jerry Miller x7727, 21 years toll Free (888 Drew Ford) May

20 RF&PA Update By Garry Collins, Vice President, Retired Fire & Police Association Since this is my first month taking over writing the RFPA Update, I would like to take just a brief moment to introduce myself; I am one of five police representatives on the board, but what sets me apart from the rest is that I am the only member of the board who isn t yet retired. I am less than two and a half years away from retirement and I am currently assigned to the Medical Assistance Unit located at Police Headquarters. I also served on the POA Board of Directors from 1989 thru 2000 and was POA President from 1996 through Below is an excerpt from SDCERS Communication Manager to the SDCERS Board of Administration; RECOMMENDATION Certify the results of the City of San Diego DROP Benefit Election. SUMMARY Following the Board s recommendation in February, SDCERS conducted the benefit election for proposed changes to the City of San Diego s Deferred Retirement Option Plan (DROP). Election materials were mailed out in March to more than 9,000 Active City of San Diego members. The election was held beginning Wednesday, March 23, 2011 and ending Wednesday, March 30, 2011, using the City s Interactive Voice Response (IVR) system which allows members to cast their vote by phone. The results of the election, which were downloaded from the IVR system in front of two SDCERS Board Members and a representative of the City Clerk s office, then certified by the City Clerk, are as follows: Are you looking to buy a home in San Diego County, but just can t afford it? The San Diego Association of REALTORS Ambassadors Foundation may have the program for you... the Everyday Heroes Program! SDAR s Ambassadors Foundation will provide interest rate buydowns and/or mortgage insurance buy-outs for qualifi ed offi cers. The reduced fi xed loan rates will allow you to save on your monthly mortgage payments, providing you and your family a better quality of life as you become vested in the American dream of homeownership. 20 The Informant For more information visit or call (858) YES votes (in favor of the proposed changes) = 119 votes NO votes (in opposition of the proposed changes) = 3,286 votes The proposed measure failed for lack of a majority affirmative vote of the members of the System. As a result, the proposed changes, as detailed in the election materials, will not be implemented. I don t know about any of you, but in light of all the negative comments being made about our health care and pension benefits by citizens and elected representatives, the fact that you are taking home less money today than you did probably three years ago, it just seems unbelievable to me that given an opportunity to cast a vote to preserve a benefit that has had a tremendous positive impact on all City employees, that only 3,405 individuals out of more than 9,000 took the time to vote, unbelievable! In case you haven t noticed, there is ongoing effort to strip public employees of their right to collective bargaining and health care and pension benefits. These are all benefits that have been promised to us, many given in lieu of pay increases over the years. We CANNOT become apathetic and pass up any opportunities, no matter how inconsequential we might think they are, to voice our opinion of how we feel about the treatment we are receiving. IF YOU ARE IN DROP OR RETIRED, YOU NEED TO JOIN THE RETIRED FIRE AND POLICE ASSOCIATION VISIT OUR WEBSITE Please Support our Informant Advertisers! Their support allows the SDPOA to provide this publication to our members at no cost. Please support those who support us and let them know that you saw their ad in the SDPOA Informant. Advertising opportunities are available - contact the SDPOA office for more information! _GenericAmbassadorAd_3.75x2.5.indd 1 9/9/09 2:36:28 PM