The Georgia Association of Chiefs of Police Newsletter

The Georgia Association of Chiefs of Police Newsletter Celebrating 43 Years of Commitment to Excellence in Law Enforcement Message A recent lawsuit involving two Georgia municipalities emphasizes the need for chief executives to accurately complete a POST Change of Status C-11 form whenever an officer's employment status changes (demotion, termination, resignation, retirement, etc.). In this recent case, an officer who worked at a city police department for over ten years was reprimanded by his superior officers fornumerous infractions. On February 25, 1999, the Police Chief informed the officer by memorandum of his intent to terminate his employment. However, the agency reported that the officer voluntarily resigned on the POST Form C-11. Subsequently, this officer applied with other law enforcement agencies. A second agency decided not to hire this officer after reviewing his personnel file and Louis M. Dekmar discovering what the agency considered "unacceptable conduct" by the officer. Next, a Chief of LaGrange third agency decided to hire this officer in July 1999 after a review of POST records and Police Department the officer's personnel file from the original city. It should be noted that it was alleged GACP President that the original agency deleted some items from the officer's personnel file after the officer was declined employment by the second agency. This officer then worked for this third agency from July 1999 until his resignation in April 2000. Later, this same municipality rehired this officer in June 2000. Meanwhile, the officer continued to be cited for carelessness and failure to follow department procedures. Finally, this officer while in uniform at the home of a child that he coached in soccer allowed the child to examine his service weapon. According to court records, the officer "took the clip out of his weapon, set the clip on a piece of furniture, disassembled the gun, showed him how to reassemble it, handed it to the child, and then became distracted in a conversation with [another team member]." Meanwhile, the child loaded the weapon and called out to the officer. As the child was holding the weapon, "it discharged, sending a bullet through the child's chest." The most obvious question that arises from this tragic story is: "Could this have been prevented?" Regardless of any legal liability associated with negligent selection or retention, as professionals we must work together to avoid situations such as this. Law enforcement officials must vigorously seek to protect the public from situations such as this by accurately and thoroughly providing personnel information IN THIS ISSUE when required. It is imperative that every agency report to POST Executive Director s Message...4 whenever there is a change in an officer's employment status. If Message from the Training Director...6 an officer resigns in lieu of termination, it is essential that you The Vent...7 accurately report this. Remember, other agencies are depending Operation Noble Eagle...9 Goals Conference Highlights...11 on your decisions and the safety of the public is directly affected GACP News...12 by our decisions. Together we can make law enforcement more Message from the State Board of professional for all of Georgia. Louis M. Dekmar Chief Louis M. Dekmar, GACP President LaGrange Police Department from the 3rd Quarter - 2005 President Pardons & Paroles...16 Chief Executive Training Graduates...18

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Executive Board and Staff Louis M. Dekmar, President (706) 883-2610, ldekmar@lagrange-ga.org Bryan Golden, 1st Vice President (229) 391-5060, bgolden@abac.edu Hubert Frog Smith, 2nd Vice President (706) 236-4690, police@romepolice.com Dwayne Orrick, 3rd Vice President (229) 273-3102, dwayneorrick@citycordele.com Stacey L. Cotton, 4th Vice President (770) 786-7605, scotton3@covingtonpolice.com George A. Potter, Immediate Past President (478) 988-2806, chief.potter@perry-ga.gov G. Mike Malone, Chairman-District Reps. (678) 493-4110, gmmalone@cherokeega.com Michael A. Caldwell, General Counsel (404) 979-3154, michaelcaldwell@dcnblaw.com Michael A. Caldwell General Counsel, GACP Specializing in Labor, EEOC & FLSA Issues DeLong, Caldwell, Novotny & Bridgers, L.L.C. Attorneys and Counselors at Law 101 Marietta Street, NW 3100 Centennial Tower Atlanta, GA 30303 Phone: 404-979-3154 Fax: 404-979-3170 Frank V. Rotondo, Executive Director (770) 495-9650, gacp@gachiefs.com Mike Mertz, Grants Administrator (770) 495-9650, mikemertz2000@yahoo.com Tony McClung, Homeland Security Program Manager (770) 495-9650, homeland.security@gachiefs.com Paul T. Maharry, Training Director (770) 495-9650, training@gachiefs.com Jennifer Sharrow, PR Specialist (770) 495-9650, pub.relations@gachiefs.com Ellen Cormier, Administrative Manager (770) 495-9650, adm.manager@gachiefs.com Laura M. Zimmerman, Administrative Assistant (770) 495-9650, info@gachiefs.com Georgia Association of Chiefs of Police 3500 Duluth Park Lane, Suite 700 Duluth, GA 30096 Phone: 770.495.9650 Fax: 770.495.7872 Tollfree: 877-530-4682 Email: gacp@gachiefs.com Website: www.gachiefs.com 3

From the Executive Director Article by GACP Executive Director Frank V. Rotondo 4 It is about that time again when your GACP staff gears up in preparation for the annual summer conference. We have lined up a distinguished cadre of professionals who are eager to instruct us regarding our ever-changing public service role. I said ever-changing because when I entered law enforcement 36 years ago (January 1969), many law enforcement officers still were under the misconception that they could shoot at a fleeing felon without any extraordinary circumstances being present. Our incoming President, Chief Bryan A. Golden, conducted GACP's 2005/2006 President's Goals Conference. At that gathering he established a very realistic set of goals. I and the staff at the GACP office stand committed to helping him make his mark on this association. I am aware that he will be soliciting help from members that are willing and able to lend him a hand. Incoming President Golden has already selected most of his appointed District Representatives and Committee Chairs but continues to look for talented individuals to help make his goals and his year as President a huge success. All who accept Bryan Golden's challenge will be under pressure to make a difference. Making a difference is what every GACP President desires to accomplish during their tenure but few truly succeed in accomplishing all of their objectives. In the case of our 2004/2005 President, Chief Louis M. Dekmar, there isn't anyone who would say he didn't hit his mark with every one of his undertakings. Allow me to cite, as my first example, the Electronic Control Weapons Committee (often referred to as the Taser Committee). This committee is chaired by Chief James Chadwick and under his guidance finalized their commitment to President Dekmar and this association with the drafting of a White Paper and a sample model policy. Another hardworking committee that deserves recognition is the Racial Profiling Committee. This committee was co-chaired by Chief Connie Sampson and US Justice Department Law Enforcement Liaison Didi Nelson. The co-chairs and all who served on this committee spent many hours crafting an outstanding piece of legislation that would prohibit Bias Based Profiling and, if such unlawful profiling exists, offered remedies to agencies to correct their misdeeds through training coupled with sound management techniques. Their work resulted in the drafting of legislation which is still active at our State Capitol and will be further considered during the 2006 legislative session. The Alarm Management Committee chaired by Chief Stacy Cotton is yet another committee appointed by your President that is hard at work. This Committee will also be bringing recommendations to the Association. As my last example, permit me to acknowledge the commitment of Chief Chuck Kelly and a special ad-hoc committee empowered to redraft the State Certification Manual (State Certification Manual # 4). This project is expected to take several years to complete. What a great association we have, for our mission is to the profession, not to any individual or individuals. Several months ago when the position of State Certification Director became vacant, GACP filled that vacant position with a tenured GACP employee, Mike Mertz. We knew that Mike's plate was beginning to overflow but I and the Executive Board felt that he could handle the multi-tasking necessary to complete all of his assignments. However, the Georgia Public Safety Training Center, which was to have Mike develop and deliver a short, required Sexual Assault Training Program, expanded their needs and requested that Mike develop and deliver a five day sexual assault program. Mike is a Superman but even a superhero needs time with his family. Therefore, GACP is in the process of looking for an individual who would be willing to work 2-3 days a week as the State Certification Director. I expect that we will have this position filled by the third week of June, with the selected individual starting their assignment on July 1, 2005. (continued on page 5)

As you can understand, I am very proud of GACP's accomplishments over the years. This association means a great deal to me. Recently, the Executive Board awarded me a four year employment contract (July 1, 2005 to June 30, 2009). Therefore, and if the good Lord is willing, I will serve as your Executive Director for another four years.this pleases me for all of you are great and I am humbled that you are allowing me to serve "the best law enforcement association in the country". Remember, I am one telephone call away if needed. Respectfully, Frank V. Rotondo Frank V. Rotondo A.S.A.P. ASAP is a unique program to assist any business, public or private, in implementing and maintaining a drug-free workplace. Certification as a Drug- Free Workplace will also enhance the confidence of customers, citizens, and the community. Drug-Free businesses may qualify for a discount on their worker s compensation premiums. Join in this effort by sharing information on this program with your local business leaders. For more information, call: Margaret Morse @ 1-800-329-6334 5

A Message from GACP s Training Director Paul Maharry Talk about crunch time... You would think that the upcoming summer conference would be a piece of cake to plan! Certainly it has been easier having all the space at the Savannah International Trade & Convention Center for our training and especially our exhibits. We were able to increase the size of the exhibit booths without an increase in cost, and provide additional room for the exhibitors to bring in police vehicles and other items which I am sure you will find of interest. I truly hope you are looking forward to our new "home" at the W estin Resort and the Convention Center. I am optimistic that despite some apparent drawbacks, the positive will definitely outweigh the negative this year. So what are the drawbacks? We are no longer within walking distance to River Street and all the restaurants, shops, other hotels, etc. The only restaurant available is inside the Westin and the cost is significantly higher than across the river. This is something you need to know while you are in Savannah and staying at the Westin. The water taxi is a wonderful way to scoot across the river to these locations, and I am assured by the Convention and Visitors' Bureau that they will do everything possible to make the conference a success. A chartered bus is being arranged to transport the attendees who are staying at the Doubletree and Garden Hotel to the Convention Center. GACP will provide a list of restaurants and transportation services prior to the conference, for those who register before the conference. In essence, we are trying to provide as much information to you as soon as possible so you can plan your activities. Paul Maharry GACP Training Director A big positive will be having the golf and t e n n i s tournaments done on site at the Westin. No longer do the attendees to these events have to drive to get to these venues. You will simply take the shuttle from the Westin to the golf and tennis courts. In my last issue of the Training Corner I wrote t h e following, "I have notified the Westin Savannah Harbor hotel that a GACP initiated Guest Satisfaction Survey will be given to each attendee at the conference who is staying at the Westin for feedback. This feedback is very important in determining the hotel for our 2 0 0 6 conference and beyond. I humbly request that each GACP guest at the Westin complete this survey to make sure any issues are addressed." This statement still holds true. We will need your feedback to make this conference and future conferences successful. I also wanted to take some time to go over the upcoming 2006 Winter Training Conference, which will be held at the Hilton Atlanta Airport located at 1031 Virginia Avenue, right next to the Atlanta Airport. Note that we are starting on Tuesday for training to capitalize on having Chief's Day at the Capitol on Thursday. The dates for this event are as follows: Monday, February 13th - Early Conference Registration Tuesday, February 14th - Conference Reg. & Training W ednesday, February 15th - GACP Business Meeting & Training Check out our website for training updates on the calendar, forms, district meetings, upcoming events & more news at: www.gachiefs.com 6

Two doctors and a lawyer got on a plane together. One of the doctors sat in the window seat; the other doctor sat in the middle seat. The lawyer took the aisle seat. The attorney kicked off his shoes, wiggled his toes and was settling in when the doctor in the window seat said," I think I'll get up and get a coke." "No problem," said the lawyer, "I'll get it for you." While he was gone, one of the doctors picked up the lawyer's shoe and spat in it. When he returned with the coke, the other doctor said, "That looks good, I think I'll have one too." Again, the lawyer obligingly went to fetch it and while he was gone, the other doctor picked up the other shoe and spat in it.the lawyer returned and they all sat back and enjoyed the flight.as the plane was landing, the lawyer slipped his feet into his shoes and knew immediately what had happened. "How long must this go on?" he asked. "This fighting between our professions? This hatred? This animosity? This spitting in shoes and urinating in cokes? Visit us on the web! www.gachiefs.com Check out the latest updates to our website! o Law Enforcement Operations Manual - A generic manual available in sections for you to down load and use.these documents allow you to make modifications so that your policies are customized. o Training Page Select the Training Page to download the GACP Training Approval Form & View the GACP Training Calendar - On the Calendar, you can view District Meetings, Seminars, Conferences and Workshops o All Hazards Council Newsletter o Legislative Alerts o GISAC Reports o Job Postings o IACP Mentoring Project and much more! 2nd Quarter 2005 7

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N OPERATION B L E EAGLE GACPMILITA RY AW A R D RECOGNITION PROGRAM As most of you may recall, one of GACP's objectives under the leadership of President Louis M. Dekmar, is to honor those that have been deployed to active duty. During the Winter Conference, Chief Dekmar announced that we would begin the recognition award program, "Operation Noble Eagle". This recognition comes in the form of a certificatethat is signed by the recipient's Chief Executive Officer along with the signature of a representative from GACP. T he recipient will also receive a specially designed "GACP/United States Armed Services" lapel pin to symbolize their service to our country and law enforcement. Please contact the GACP office, via email at gacp@gachiefs.com or telephone us at 770-495-9650, with your needs associated with this distinguished award. Operation Noble Eagle Gainesville Police Officer Jay D. Ivey is presented the " G.A.C.P. Operation Noble Eagle Award" by Gainesville Police Chief Frank Hooper. The award was presented at the regular meeting of the Gainesville City Council on May 17th, 2005. Officer Ivey is a 2 year veteran of the Gainesville Police Department and was deployed with the 4th United States Marine Battalion to Iraq in June 2004. The Gainesville Police Department coordinated a care package drive for Officer Ivey and a package was shipped to him every two weeks during his deployment. Officer Ivey's unit was engaged in the much published battle for Fallujah. Officer Ivey returned to duty with the Gainesville Police Department on April 11th, 2005. Officer Ivey extends his appreciation to the G.A.C.P. for this 2nd Quarter 2005 9

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The 2005-2006 Goals Conference was held at the Georgia Law Enforcement Command College, Columbus State University, Columbus, Georgia on April 20, 2005. HI G H LIGHTS from the 2005-2006 Goals Conference The conference convened at 9:00am with Chief Bryan Golden, incoming President, presiding. In his opening remarks Chief Golden thanked everyone for coming to the Goals Conference and stated that as President, he would work hard to continue the progress that the association had made. He also expressed a desire for the association to look for ways to provide additional services for the membership. Chief Golden presented a list of topics to be discussed with a view toward developing goals from these topics. Chief Golden asked Dr. McClung to facilitate the meeting and goal setting process. Goal: The President will appoint a committee after the 2005 Summer Conference to research the matter of providing life insurance to GACP members and prepare a report for presentation at the 2006 Winter Conference. Goal: District Representatives should coordinate their training efforts with the GACP Training Director and seek his assistance in advertising their training programs through the web page and newsletter. Goal: Provide health screening at the 2006 Winter Conference. Goal: Schedule an informal social event in the Fall of 2005 and invite members of the Georgia Sheriff s Association to attend. Goal: Sponsor a breakfast for members of the Legislature during the 2006 Winter Conference. However, a viable alternative would be to enhance the invitation process of inviting the legislators to our social/hospitality function at the 2006 Winter Conference. Additionally, if this is used, we would encourage chiefs to contact their Senators and Representatives making them aware of the social. Goal: The Executive Director will make an effort to obtain the services of a nationally known speaker/trainer for the GACP conferences. 2nd Quarter 2005 11

GACP HAPPENINGS - ACHIEVEMENTS - INFO POSTINGS Officer Andrew Phillips of the Marietta Police Department won the George T. Davis Memorial Award presented by Atlanta Chapter of ASIS (American Society for Industrial Security) on May 18th, 2005. Officer Phillips was recognized for his bravery for charging and shooting an armed assailant who had fired upon officers in a drug task force upon serving a narcotics related search warrant. The assailant survived the encounter and is facing criminal charges. The Lavonia Police Explorer Post 313 announces that Explorer Sergeant Krista Clark has been accepted to the National Law Enforcement Explorer Academy sponsored by the FBI. Chief Russell Abernathy of the Henry County Police Department received the Henry County Police Department s Medal of Valor. Chief Abernathy was recognized for personally disarming a gunman during a barricade situation, which happened in November of 2004.The suspect had been on a violent two-day spree during which he exchanged gunfire with Henry County Police Officers twice during the event. Finally cornered, the gunman refused to surrender his weapon until Chief Abernathy conducted face-to-face negotiations that forced the offender to surrender.the medal was authorized under orders of the Public Safety Director and presented to Chief Abernathy by his wife Cheryl. Nationally, four different agencies host academies including the FBI, the U. S. Marshal's Service, the Drug Enforcement Agency, and the U. S. Army Military Police. Each academy accepts 50 explorers nationwide once every two years. Sgt. Clark will be attending the academy from June 2, 2005 through June 9, 2005. She is one of only three explorers from Georgia accepted into the academy. The Lavonia Police Explorer Post 313 is open to young men and women ages 14 to 20 and meets once per week. The Lavonia Police Explorer Post 313 is a not for profit, 501C3 organization and is chartered through Boy Scouts of America. Anyone wishing to learn more about the explorers can call 706-356-4848 or visit www.lavoniapd.com and scroll to the appropriate link. 12 2nd Quarter 2005

Police Officer Memorial Many of our members attended the Peace Officer Memorial Service hosted by the Peace Officer Standards and Training Council at the Georgia Public Safety Training Center in Forsyth on May 18, 2005. Governor Sonny Perdue delivered the Memorial Address and recognized many dedicated fallen officers whose names have been placed on the Georgia Public Safety Memorial since its Dedication on June 10, 1997. The following officers were honored for their service. Kenneth R. Burton, Richmond Co. Sheriff s Ofc. James C. Gilbert, Jr., Henry Co. Police Dept. Wesley Mack, Columbia Co. Sheriff s Office Christopher L. Ruse, Pendergrass Police Dept. 2nd Quarter 2005 13

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Message from the State Board of Pardon & Paroles The State Board of Pardons and Paroles Has Been Given the Authority to Confer Full Law Enforcement Powers to Parole Officers HB 289, dubbed the Police Powers Bill, passed into law during the 2005 legislative session. This law authorizes the Parole Board to confer full law enforcement powers to P.O.S.T. certified parole officers to assist in the preservation of peace, order, and security in our local communities, when requested by local, state or federal authorities. More than half of our sworn parole personnel functioned in a law enforcement capacity during the G-8 Summit in June of 2004. However, an Executive Order had to be issued by the Governor authorizing the Board to confer law enforcement powers to those employees for duties outside of the parole officer role. Obtaining the authority was a lengthy process that would be a very cumbersome task in the event of an urgent matter. Under the new legislation, the requesting agency will make the request to the Parole Board via a memorandum to the local parole chief. The request should state the nature of the circumstances necessitating the need for additional law enforcement officers, a description of the anticipated duties, and the dates of service. The request will be routed through the proper chain of command to the Board. The requesting agency will be notified of the Board's decision by the chief parole officer who received the request. If applicable, the chief parole officer will also advise the requesting agency of the authorized dates. The authorized parole personnel will be under the direction of the federal, state, or local government entity requesting assistance. Should urgent circumstances warrant, such requests may be expedited via email or telephone. The Parole Board has 410 P.O.S.T. certified officers assigned to 50 district offices, the central officein Atlanta, and other locations throughout the state. We welcome the Free programs are presented to schools, businesses and civic organizations as well as specialized programs for law enforcement and emergency responders. To request a free presentation, or to learn more about Operation Lifesaver in Georgia, contact: GEORGIA OPERATION LIFESAVER 770-393-2711 or visit gaol@mindspring.com Georgia Operation Lifesaver is a nonprofit safety education organization for highway-rail grade crossing safety and trespass prevention. GACP is a proud sponsor of Georgia Operation Lifesaver! 16

Annual Administrative Support Staff Training Seminar We are currently accepting registrations for our 12th Annual Administrative Support Staff Training Seminar, which will be at Garden Hotel Historic District, Savannah, Georgia September 28th September 30th, 2005. Be sure to send your administrative support staff personnel to this seminar with training developed exclusively for them and their unique and demanding responsibilities.this Seminar is designed with the administrative staff person in mind.topics include: 12th - Verbal Judo - Self-Defense - Open Records Act & Records Retention - Organizational Skills Seminar Cost: $145.00 per person (Includes all training materials, two lunches & coffee/snacks) Visit our website at www.gachief.com to download more information and the registration form for this event! 17

Congratulations to the GACP Spring 2005 Chief Executive Training Program Graduates! Russell Abernathy, Henry County Police Department Keith Barber, Cedartown Police Department David Beam, Marietta Police Department Bob Boren, Albany Police Department Ricky Boren, Columbus Police Department Mark Brock, Bowden Police Department Mike Burns, Macon Police Department Charles Cosby, Crawfordville Police Department Greg Countryman, Muscogee County Marshal's Office John Daughtrey, Lenox Police Department Jolene DeVries, Entoah Judicial Circuit Wanda Dunham, MARTA Police Department Jarrod Eason, Leslie Police Department Mike Eason, Cumming Police Department Levi Gilder, Uvalda Police Department Glenn Giles, Helena Police Department James Green, Americus Police Department William Green, Georgia DOT Office of Investigations David Hamil, Dalton Municipal Probation Jeff Hale, Columbia County Marshal's Office Jason Hammer, DeKalb County Solicitor's Office Chris Harnage, Plains Police Department Larry Harris, Rockmart Police Department Tim Hatch, St. Mary's Police Department George Hatfield, Cobb County Police Department Bill Hitchens, Georgia State Patrol Julian Hodges, Hinesville Police Department Jim Justice, Lincolnton Police Department Dan Knowles, Bartow County BOE Police Department Charles Long, Fairburn Police Department Mike Mabrey, Gilmer County Sheriff's Office Claire Manley, Auburn Police Department John Mann, Alapaha Police Department Matthew Marietta, Cuthbert Police Department Richard McDaniel, Thomaston Police Department G.T. McElroy, Doraville Police Department James Mitchell, Fulton County Solicitor General's Office Ernest Nesmith, Clayton County Solicitor General's Office Randall Patterson, Clayton County DA's Office John Richey, DeKalb County DA's Office Audie Rowe, Adel Police Department Glenn Rowland, Augusta Judicial Circuit DA's Office Bill Shiflett, Floyd County Police Department Wayne Smith, Paulding County DPS Jeremy Stitt, Keysville Police Department Tony Strenth, Sylvester Police Department Michael Sullivan, Unadilla Police Department Charles Thurmond, Byromville Police Department Terry West, Georgia DNR Joseph Whitmire, Toccoa Police Department Bobby Wiggins, Randolph County School's Police Department Greg Winds, DeKalb County Marshal's Office 18

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Brannen Ford AD Georgia Association of Chiefs of Police 3500 Duluth Park Lane, Suite 700 Duluth, GA 30096 Ph: 770.495.9650 Fax: 770.495.7872 Accenting Professional Law Enforcement Management Through Training