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It is with deep regret that we inform the brothers and sisters of FOP Lodge 89 of the line-of-duty death of Corporal Richard Findley #2515, who was assigned to District VI, Special Assignment Team.
FOP Lodge 89 wishes to invite all members of public
safety to Company 31, Beltsville Volunteer Fire Department and/or Company
10, Laurel Volunteer Fire Department. Both facilities will be open
for all officers to gather for comfort and remembrance of Brother Findley.
FOP Chaplain Scott Mathews and PGPD Departmental Chaplain Rose will be
on-site to assist officers during this difficult time. There will
be light refreshments available at both Fire Departments.
The services for Corporal Richard Findley #2515 are as follows:
Viewing: Wednesday July 2, 2008
2 pm to 4 pm and 7 pm to 9 pm
Borgwardt Funeral Home
4400 Powder Mill Road, Beltsville, MD. 20705
Service: Thursday July 3, 2008
11:00 am
Saint Joseph’s Catholic Church
11007 Montgomery Road, Beltsville, MD. 20705
Interment immediately following at:
Lakemont Memorial Gardens
900 W. Central Avenue
Davidsonville, MD. 21035
The Repast will follow at
FOP Lodge 89
2905 Old Largo Road
Upper Marlboro, MD 20772
Please keep Brother Findley and his family in your
thoughts and prayers, as well as our fellow brothers and sisters.
In Lieu of Flowers please make donations to Heroes,
Inc., 666 11th Street, NW, Ste 300,Washington, DC 20001.
Ismael "Vince" Canales, FOP Lodge 89 President
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Rest And Meal Periods.
Under the FLSA, short rest periods from five to 20 minutes in length must be
included in hours worked regardless of any contrary provisions in a collective bargaining
agreement or an employer's personnel rules.1
Meal periods, unlike rest periods, are generally not included in hours worked
under the FLSA.2 However, if employees are not "completely relieved of duty"
during meal periods, Section 785.19 of the DOL's regulations require that the
meal periods be paid. In order to be excluded from hours worked under the FLSA,
a meal period must be of at least 30 minutes in duration.3 Needless to say, the
meal periods must actually be provided to employees; an employer is not allowed to
deduct hours for meal periods not actually taken.4
In addition, employees who are not allowed to leave their work stations in
order to eat meals, and those who perform actual work during their meal periods,
will usually have meal periods counted as "hours worked."5 As noted by one court:
"During meal times the firefighters were required to remain at
the station and were subject to emergency calls. The record makes
clear that the firefighters were subject to significant affirmative
responsibilities during these periods. The mealtime restrictions
benefit the County by ensuring maintenance of an available pool of
competent firefighters for immediate response to emergency situations.
The firefighters are subject to real limitations on their freedom during
mealtime which inure to the benefit of the County; accordingly, the
three mealtime periods are compensable under FLSA regulations for
overtime purposes."6
Prior to the mid-1990s, there was considerable litigation over the question of
whether employees met the test of being "completely relieved of duty" during the
meal period. Many of the cases involved law enforcement officers, with the litigation
swirling around whether officers were "completely relieved of duty" in the
face of restrictions on where they could eat meals, that they be available for calls
to duty and take appropriate action during the meal period, and limitations on
what types of activities in which the officer could engage during the meal period.
For many years, employees won a large share of the cases on whether meal periods
were compensable.7
Then, almost abruptly, some courts began to assess the compensability of
meal periods using a different standard.8 Rather than applying Section 553.223(a)
of the DOL's regulations and inquiring as to whether an employee was "completely
relieved of duty" during the meal period, some courts instead rejected the
test found in the regulation and asked whether the meal period could be said to
be "predominantly for the benefit of the employer."9 Where employees won most
meal period FLSA cases under the "completely relieved of duty standard," they
have since had less success in claiming that meal periods were "predominantly for
the benefit of the employer."10
Dean M. Jones
1st Vice President,
FOP Lodge 89
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Effective immediately, all FOP Lodge 89 members who visit the FOP Lounge are required to sign their attendance in our book and display public safety identification / FOP card to Lodge employees. Members are also required to sign in any non-member guests in the book as well.
All members are reminded that they are responsible for the behavior of their guests. Members are also required to remain in the FOP Lounge throught their guest's visits.
Violation fo this membership policy can result in termination
of use of the FOP Lodge 89 facilities. We depend on each and every
member to watch and ensure these policies are adhered to.
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In the very near future Security to the building will be through key cards only. Only active and retired FOP Lodge 89 members and PAID Associate Members of FOP Lodge 89 will have the opportunity to obtain key cards. (A small key card administrative fee is required).
Effective, April 1, 2008, the Associate Membership Annual Dues will be increased to $50.00 annually. Any Associate Membership applications received on or after April 1, 2008, the applicant will be required to submit $50.00 per year for the dues and $15.00 for the initial administrative background investigation fee.
If you permit your membership to lapse at any time,
you will be required to re-apply for membership. If you haven't paid
your 2008 due, your dues has lapsed. Once your name is removed from
the membership, you will not be permitted to just pay the years of lapsed
dues. Your application will also have to go through the background
investigation again and there will be an additional administrative fee
of $15.00 for each background check.
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FOP 89 has recently entered into an agreement with Tri-State Funding. This company reaches out to our commercial and residential supporters, in an effort to solicit donations. These contributions will be utilized to advance our Fallen Heroes Memorial project as well as additional charitable endeavors.
The following employees separated from the month of April 2008:
Sgt. Randall Scott Mathews
#1136
P/O Lela C. Mongal
#3117
Cpl. Steward L. Mitchell, Jr.
#1559
Cpl. Ray A. Williams
#1372
Join me in wishing them well in
their future endeavors.
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Winter 2007
June 2008
June 2008
This is the architect's initial rendition of the proposed FOP 89 Memorial site. We are extremely excited about this project. With your continued support and contributions, we will make this dream a reality.
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The National FOP now offers members access to their personal
information on the web. You can go into the National FOP Website,
sign in, and edit your own information. Please note that you should
always contact every agency directly to make sure all of your changes are
made. Please make sure that FOP 89, The Retired Association,
the National FOP, Pensions ? Benefits and the Police Department are contacted
with any changes.
National FOP Website:
http://www.fop.net/
FOP #89 Website:
www.fop89.org
Retired Association Email:
PGRetired@comcast.net
Pensions ? Benefits:
301-883-6380
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