*FOP 89 News*




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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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All FOP Lodge 89 Members
In our continued effort to keep our facility and our members safe, please note the new policy changes.

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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Attention Associate Members and Guests
The 2008 Associate Membership dues were due in January.  If you have paid your dues, you have your blue 2008 Associate Membership card in your possession.  If you do not have your 2008 blue Associate mebership card, you are delinquent in paying your dues.

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.

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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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