Prince George's County Scholarship Fund
DEADLINE IS FEBRUARY 26, 2010

Dear Brothers and Sisters,

FOP Lodge 89 and the PGPD Retirees’ Association try to keep the membership abreast of issues affecting our fellow members. Those issues include births, illnesses, injuries and/or deaths. The only way we obtain information is usually through family, friends and you—the affected member’s brothers and sisters. We do our best as a fraternal organization to get that information out to the membership as quickly and as timely as possible.

Members should contact the FOP during regular business hours at 301-952-0882 or via email. When making any notification to the FOP, please provide as much information and details as possible. Any delay in posting or omission is unintentional. Also, any issues or concerns should be directed to me—since I have ultimate authority in what information is or is not disseminated on behalf of the FOP. I would greatly appreciate everyone’s assistance with this matter. Thank you for your time and attention.

Ismael “Vince” Canales, President, FOP Lodge 89

AFL-CIO Amicus Brief on FY2009 Furloughs

Dear Brothers and Sisters,
The Palmer Park Boys and Girls Club are currently looking for volunteer coaches to assist them during the 2010 sports season. Anyone interested or seeking additional information please contact Mrs. Washington or Ms. Garrett at 301-341-7234. Your time and consideration is greatly appreciated.
Ismael “Vince” Canales, President, FOP Lodge 89

Congratulations to all of our recently promoted FOP Lodge 89 members! To those that have promoted to the rank of Captain and above, remember, you may no longer be in the bargaining unit, but you remain a member of Fraternal Order of Police Lodge 89. Congratulations to you as well.

Just a reminder, the Promotional Ceremony has been moved. The event will be held tomorrow, January 27, at 6pm, at Charles Flowers High School. Promotees should arrive at the school by 5pm.

County Response to Pension Tax Withholding

The following is the County's opening brief for appeals on the 2009 furloughs:
County Brief

Grievance filed for the Healthcare Smoking Affidavit
See what the FOP President has to say about the Smoking Affidavit on the President's Page.

The following court document is in reference to the 2009 furloughs:
AMICUS CURIAE BRIEF OF INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION IN SUPPORT OF THE APPELLANT (THE COUNTY) AND REVERSAL OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IMPORTANT ANNOUNCEMENT REFERENCE ENDORSEMENTS IN THE 2010 COUNTY EXECUTIVE RACE BELOW

To All Members of the Board of Directors,

The 2010 Elections are close at hand. This election cycle will be crucial and our participation in the process will be critical. There are approximately eight to ten candidates currently vying for the County Executive’s seat. The Board of Directors believes it would be prudent for this organization to identify early a qualified candidate that understands the needs and concerns of this membership.

As a result of these discussions, we, along with other labor organizations throughout the County, are hosting several forums so that our respective members may have an opportunity to meet with many of the potential candidates. The dates and locations for these events are as follows:

• International Association of Fire Fighters Local 1619 is hosting a County Executives Forum on 12/28/09 @ 1600 hours @ Florian Hall 13701 Jericho Road Bowie, MD

• Deputy Sheriff’s Association FOP Lodge 112 is hosting a County Executive Forum on 12/30/09 @ 1700 hours at FOP Lodge 89 2905 Old Largo Road Upper Marlboro, MD

• Fraternal Order of Police, Prince George’s County, Lodge 89 & the Prince George’s County Labor Coalition is hosting a Candidate Meet and Greet (Open to anyone running for public office) on 1/4/10 @ 1800 hours at FOP Lodge 89 2905 Old largo Road Upper Marlboro, MD

All members are encouraged to attend any or all events. It will be a perfect opportunity to ask questions and meet many of these candidates. We must all become engaged in the process and better informed on the issues. Members must have their police ID available for entry into these events seeing that the first two are not open to the general public.

On January 5, 2010, a special meeting will be held with the Board of Directors of FOP Lodge 89. At this meeting, the Board of Directors based on input provided from their respective members at their districts/divisions shall make a decision on which County Executive candidate we shall endorse. The endorsement process for all other elected positions will be outlined at a future date. Again, this will only be for the County Executives endorsement.

We cannot stand idly by and allow others to shape the future of this County. We must do our part to ensure that we develop strong relationships with the future leaders of this County. And, it must be clear to all watching that this membership and this organization played an integral role in getting them elected. I frequently hear about days long gone when this membership publicly and with a unified voice fought for a common goal. Well, this is the ideal opportunity for this membership to step up and control our future.

Sincerely,

s/ Ismael “Vince” Canales

President, FOP Lodge 89

Chief Hylton expresses his frustration with the counties treatment of officers when it comes to medical reviews.
Letters from Chief to Office of Human Resources Management

The 2009 FOP Lodge 89 Christmas Ornament is now available for $20 at FOP Lodge 89. A portion of the proceeds will be donated to the FOP Lodge 89 Memorial Fund.

DEAR FRIENDS,

MY NAME IS PERCEL O. ALSTON AND I AM RUNNING FOR STATE DELEGATE IN THE 27TH LEGISLATIVE DISTRICT, WHICH ENCOMPASSES SOUTHERN PRINCE GEORGE’S AND NORTHERN CALVERT COUNTY, MARYLAND. I AM SEEKING YOUR ASSISTANCE AND SUPPORT DURING MY UPCOMING BID FOR OFFICE. I AM HOPEFUL THAT YOU WILL TAKE A MOMENT TO VIEW THE ATTACHED CAMPAIGN KICK-OFF FLIER, AS WELL AS, A BRIEF LETTER OUTLINING WHY I AM RUNNING FOR OFFICE.

I LOOK FORWARD TO YOUR SUPPORT AT MY KICK-OFF EVENT ON WEDNESDAY, DECEMBER 2ND, 2009, FROM 6:30PM UNTIL 8:30PM, AT THE FRATERNAL ORDER OF POLICE LODGE 89, LOCATED AT 2905 OLD LARGO RD, UPPER MARLBORO, MD. 20772. (SEE FLIER FOR ADDITIONAL DETAILS.) PLEASE FORWARD THIS EMAIL AND ATTACHMENTS TO AT LEAST TEN OF YOUR FRIENDS. IT DOESN’T MATTER IF THEY RESIDE IN THE 27TH LEGISLATIVE DISTRICT. AS A DELEGATE, I WILL HAVE THE ABILITY TO EFFECT LEGISLATION THAT POTENTIALLY IMPACTS ALL RESIDENTS IN THE STATE OF MARYLAND.

THANK YOU FOR YOUR TIME AND CONSIDERATION,

PERCEL “PERCY” ALSTON

Please make your personal, corporate or PAC checks payable to Citizens for Percel Alston.
Contributions are not tax deductible.
By Authority: “Citizens for Percel Alston”, Michael W. Riess, Treasurer
Ismael “Vince” Canales, Campaign Manager
P.O. Box 1994, Upper Marlboro, MD 20773 Ph: 240-786-2655
Website: www.poalston.com (under construction)
Email: percy.alston@poalston.com

Washington Post Article:
Pr. George's Police Union Takes on Budget Cuts in Ad Campaign

For anyone that needed reminders of how little love the Prince George's police union has for the county's current political leadership, they can be found plastered all over Metro buses, posters and billboards for the next month.

Starting Thursday, a near-six-figure ad campaign sponsored by the county's Fraternal Order of Police will begin to roll out, in the hopes of raising awareness of the potential impact of any cutbacks on law enforcement. The ads were paid for by union dues.

One of the ads--reminiscent of Hillary Clinton's famous "3 a.m." ad (video) during the presidential primary--depicts a worried woman on the phone, with text that reads, "WHAT IF YOU CALLED 911 AND WE HAD NO ONE TO SEND?" Another shows a police officer with folded arms, with text reading, "WE WANT TO BE THERE FOR YOU. Do you really want to give that up? DON'T LET COUNTY OFFICIALS CONTINUE TO CUT POLICE FUNDING."

The ads are referring to a series of government-wide cost-cutting measures the county has put in place in an attempt to deal with lagging revenues due to the recession--everything from a hiring freeze to trims of vacant positions to cuts to the county-wide budget. Some measures, like furloughs, landed the county in federal court, where a judge ruled one of their furlough plans unconstitutional. Others, like recent layoffs, drew fire from critics who said the county should have tapped its $182-million rainy-day fund rather than letting workers go.

Though the cuts have been spread across multiple county agencies--and the layoffs have not yet touched any sworn police officers--FOP president Vince Canales says any layoffs affect county police in some way, because financial stress can lead some to commit crimes.

"All these layoffs have some kind of indirect impact on us as well," Canales said. "When you consider you're talking about people dealing with financial issues...people taking desperate measures to try to make ends meet... in the end the police department is still involved."

Canales said the ads are also a signal that further cutbacks--especially as a result of continued cuts in state aid--will not be tolerated, and that candidates for office in 2010 should be aware that the public safety unions intend to get their messages out during the campaigns.

"We want to be a major player in that," Canales said. "We've attempted in the past to do things the old-fashioned way with relationships with elected officials. In some ways, that's been fruitful, but in other ways, it's been like beating your head against the wall."

--By Jonathan Mummolo and John Wagner

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(October 23, 2009)

Gazette.net - Leaders tout federal public safety funding

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(October 23, 2009)

Gazette.net - Residents express frustration during forum

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(October 16, 2009)

Gazette.net - New ads criticize cuts to police in Prince George's County

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(October 7, 2009)

The Court finally has issued a final order. It is attached. The County will now appeal (again), and this time the Court of Appeals will set the case for briefing and argument, which will take several months, if not longer.
Final Court Judgement

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(September 28, 2009)

Prince George's County maintains bond rating – barely

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(September 28, 2009)

Suburb Braces for An End to Tranquility

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(September 28, 2009)

Governments' Piggy Banks Caught in A Tug of War

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(September 4, 2009)

The following is the latest order from the District Court. The Judge expresses dismay at the County's premature appeal (we have moved to dismiss the appeal in the Fourth Circuit) (see our motion), and gives the parties 10 more days to resolve.

The District Courts Order
Our Motion to Dismiss Appeal

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(August 29, 2009)

The Union's Opposition to Stay

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(August 29, 2009)

National Law Journal - Have Contract, Can't Furlough
Article about furlough decisions around that nation, includes our lawsuit.

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(August 29, 2009)

Pay Comparison for DC Metro Area

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(August 24, 2009)

The County's Motion For Stay

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(August 22, 2009)

The County filed its Notice of Appeal in the Fourth Circuit today. They have hired new lawyers from Greenville, South Carolina to do the appeal. The lead lawyer is the former Chief Judge of that Court, a Reagan appointee, who retired recently and went into private practice. Copy of Notice of Appeal attached.

FYI, Bredhoff & Kaiser will not be intimidated!

Notice of appeal

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(August 22, 2009)

The following is Vince and Bart's (IAFF 1619 President) response to the Washington Post editorial in today's paper. We are trying to get the response published, as well.

Response to Post Article

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(August 20, 2009)

WAMU News - Labor Unions Have New Case Law To Use Against Wage Cuts

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(August 20, 2009)

Pr. George's Officials Respond to Furloughs Decision

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(August 20, 2009)

Getting A Police Escort Through Cancer
An article about Brother Lightfoot

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(August 20, 2009)

Order from Court, also released yesterday

ORDER

For the reasons stated in the foregoing Memorandum Opinion, IT IS this 18th day of August, 2009, by the United States District Court for the District of Maryland, ORDERED:

1. That Defendant’s Motion for Summary Judgment (Paper No. 8 ) and Motion to Dismiss (Paper No. 27) BE, and the same hereby IS, GRANTED as to Count I and Count II of the Unions’ Complaints and IS DENIED as to Count III;

2. That Plaintiffs’ Cross Motions for Summary Judgment as to Count III of the Complaints (Paper Nos. 23 and 33) BE and the same hereby ARE GRANTED and ARE DENIED as to Counts I and II of the Complaints (Paper No. 12 and 33);

3. That the parties consult and discuss the means and manner of refunding any monies owed to Union employees as a result of having complied with the EFP, and, if necessary, submit a joint proposal for the Court’s approval within ten (10) days of the entry of this Order;

4. That the Clerk of the Court CLOSE this case; AND

5. The Clerk of the Court transmit a copy of this Order to all counsel.

/s/
Alexander Williams, Jr.
United States District Judge

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(August 18, 2009)

WE HAVE WON THE FY 2009 FURLOUGH LAWSUIT

We are extremely pleased to report that the federal district court has ruled that the County acted unconstitutionally when it furloughed County employees for 80 hours during Fiscal Year 2009, and has ordered the parties to meet within 10 days to "consult and discuss the means of refunding any monies owed to Union employees." The decision is a major victory for all of the County's unionized employees, and follows almost a full year of litigation initiated by the coalition of unions -- FOP, IAFF, DSA, PGCOA, and PCEA -- representing all public-safety employees.

"If the Contract Clause is to mean anything," the Court said, "the County cannot consider impairing the obligations of its own contracts on a par with other policy alternatives." The Court concluded as follow: "The Court will not instruct the County how to conduct its fiscal affairs, but the Court believes that the County had several other, more moderate alternatives that would have served its purposes equally well. Perhaps the County could have taken small portions from a variety of sources, or eliminated non-contractual expenditures, or cut the budget of the Community College, or from the beginning heeded the warnings from the SAC and planned its budget to address potential shortfalls, or as it did in years past, balance the budget using monies from the Undesignated Fund Balance. The choice of which revenue-saving measure the County selected is outside the Court’s purview, however the 'menu of alternatives does not include impairing contract rights to obtain forced loans to the [County] from its employees.' Although perhaps politically more difficult, or embarrassing, the Court finds that 'numerous other alternatives' were within the County’s reach."

Although we expect the County to appeal this decision, we are grateful that the Court listened to our arguments, and concluded that last year's furloughs were unjustified and unjustifiable. The County should carefully review the decision, for it appears that the County's furlough plan during fiscal year 2009 was a mistake, and that an appeal would continue to waste the County's time and resources and money on a fruitless undertaking.

Court Decision

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(August 13, 2009)

Gazette.net
Thursday, Aug. 13, 2009
Senate president asked to address council action
Miller describes chairwoman's zoning proposal as ‘a complete outrage' by Daniel Valentine | Staff Writer

Senate President Thomas V. Mike Miller Jr. is running interference in familiar territory: Prince George's County.

The state leader has been asked by south county residents to block plans to rezone 60 acres in Accokeek to allow for a new shopping center. The land is currently zoned for low-density, residential development, and County Council Chairwoman Marilynn M. Bland (D-Dist. 9) of Clinton has proposed the change despite opposition from hundreds of residents and the Maryland-National Capital Park and Planning Commission.

"It is a sad and frightening day when the people who have been elected to represent their constituents turn their backs, ignore the voices of the people and make corrupt and underhanded decisions simply because they can," Accokeek resident Patricia Reed wrote in a July 27 letter to Miller and Gov. Martin O'Malley (D).

The letter marks another attempt by frustrated residents to reach out to the Senate president, whose district includes portions of southern Prince George's County and Calvert County. Miller has frequently intervened in county decisions over the past year.

Complaints late last year to the Senate president from parents at Henry Ferguson Elementary School in Accokeek led Miller and the state school board to push the county to include the dilapidated south county schools in a request for state aid. During the General Assembly session in the spring, Miller and other senators proposed legislation that forced the county school board to cancel plans to move into new headquarters that would have cost $36 million over 10 years.

A spokesperson for O'Malley said the governor had not received the letter last week.

Miller had received the letter, however, and expressed anger about the local decision.

"It's a complete outrage," Miller said Aug. 3. "It goes against the recommendations of park and planning and the community. I can only ascribe it to ulterior motives."

Miller said he is limited in what he can do to overturn local zoning but emphasized that he is troubled by the proposal.

Miller could not be reached for questions regarding his involvement in local issues.

In a statement e-mailed Tuesday through a spokeswoman for Bland, the chairwoman said she followed the public hearing process for the zoning change and "weighed the pros and cons."

"The decision to rezone the land in Accokeek was based on all the evidence that was submitted during the process," the statement reads. "The council believes that the rezoning will benefit the community at large."

The e-mail did not comment on Miller's involvement.

Miller's involvement has been welcomed by residents who feel county leaders are ignoring their concerns and that they need to reach beyond county government for help.

"It's because of the total desperation we feel here," said Kelly Canavan, a member of the Sprawled Out Accokeek environmental group, who said she agrees with Reed's letter though she did not sign it. "[Chairwoman Bland] could not be more aware of our concerns, and there's nothing else we can do. We've got to turn to somebody else."

A spokesman for County Executive Jack B. Johnson (D) declined to comment on the issue, saying it was a dispute between the council and Senate president. Several other state lawmakers representing the county also declined to comment.

When Miller and senators withheld funding from the county Board of Education to lease space for a new headquarters in the spring, school board Chairwoman Verjeana M. Jacobs (At-large) said the dispute highlighted the reputation of discord in the county.

"To do it this way I think sends the wrong message and just reinforces that they're not here to work with [the school board], they're here to say, ‘Let me tell you what to do,'" Jacobs said in April.

Some Accokeek residents are also urging Miller to stay neutral. Accokeek resident Wes Courtney, who sent a letter to the Senate president Aug. 10, said he believes the rezoning reflects the will of a majority of Accokeek residents and pleaded for the state to stay out of the debate.

"The very aggressive minority opposition has attempted to undermine the county process by asking the state to intervene," Courtney wrote in his letter. "Please refrain from getting into a local fight, [and] have confidence that the county process is working as designed."

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(August 13, 2009)

Gazette.net
Thursday, Aug. 13, 2009
County leadership needs a ‘reality check'

Upon reading the July 23 article "District Council seeks to rezone land in south county," I find it tiresome to read articles about members of our County Council disregarding the wishes of the citizens they are supposed to serve.

Councilwoman [Marilynn] Bland's decision to ignore the wishes of her constituents and those that we pay to make planning decisions and instead recommend her own revision to the master plan is appalling. This is the same council member who refused to call a vote on the proposed soccer stadium and did not give residents a chance to speak on it. Someone needs a reality check. The citizens of Prince George's County do not work for you; you work for us! We are not living in a dictatorship, in which one person can overrule the voices of many.

Although I do not reside in District 9, it is obvious that Prince George's County residents need a change from the status quo. It is time for us to hold our politicians accountable, and in 2010 we will have the chance to do this by filling five of the nine seats on the County Council, including that of Councilwoman Bland.

Donald James, Greenbelt

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(August 3, 2009)

REMINDER: FOP emblems and stickers are for active and retired members only and their immediate family. Immediate family includes: spouse, children, and the members parents only.

Rule on FOP items from National Secretary

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(July 27, 2009)
Policing With a Personal Touch - Washington Post Article

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(July 8, 2009)

I am sure that you are feeling an incredible amount of frustration with the condition of Prince George’s County. Our struggles have been well documented throughout this website, our newsletters, our Board Meetings and our quotes to the media. At times, I am confident we feel very much alone in the frustrations we feel with the leadership in Upper Marlboro. The letter attached to the link below is proof that the concerns live far outside of Fraternal Order of Police Lodge 89’s membership.

As you will read, the letter was addressed to me from an anonymous writer. The writer’s desperate tone illustrates the level of aggravation he or she feels at the lack of proper prioritizing in the Prince George’s County Government today. So many citizens of this County are feeling violated and alone that they will reach out to anyone who they believe can, in the writer’s words, “fight for us.”

On a positive note, this writer also recognizes the source of the problem. The writer knows that in order to encourage those who are fighting, the fighters must be encouraged. The writer knows that those at fault must be placed on notice. The writer knows that even though they believe their words may be in vain, their voice must be heard by any and all who will listen.

I encourage all of our membership as well as the frustrated citizens of Prince George’s County to follow this writer’s lead. Call, email, and write your elected officials, union leaders and media sources. Let them know the source of your anger. Let everyone who will listen know where the problems in Prince George’s County originate. Maybe, someone will actually hear you.

President Vince Canales

Anonymous Letter

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(May 19, 2009)  Summerfield Overtime Concerns

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(April 23, 2009)

FOP Trademarks Prohibited on Facebook, MySpace
from National Secretary Pat Yoes

FOP members have found social networking websites such as Facebook, MySpace, and Twitter to be a great way to keep members informed of lodge activities and some have created FOP lodge "groups" for their particular lodge membership. With easy accessibility for the public, the question becomes whether or not these social networking sites are an appropriate forum for discussing FOP issues. This is an issue to be answered by members of local lodges, but the protection of the FOP trademarks is every member's responsibility. On advice from our legal counsel, the Executive Board must ask that any trademarked FOP logos or slogans, in particular the FOP Star logo be removed from Facebook.

Under its "Terms of Use" policy, Facebook asserts almost unlimited rights to any images or content posted on your page. Because the FOP star emblem and the names "FOP" and "Fraternal Order of Police" are federally registered marks, Facebook's "Terms of Use" policy jeopardizes the FOP's rights to these marks and our ability to protect them. Furthermore, Facebook's "Terms of Use" states that it will hold the members responsible for posting these items, which suggests trademarks will be diverted to the members posting the items. For similar reasons, we must also request that you not post the FOP Star emblem to your "MySpace" and "Twitter" pages. However, Facebook currently claims, it is acceptable to use the name "Fraternal Order of Police" on these websites. Such use must be limited to personally identifying yourself as a member of the FOP. You may not use the "Fraternal Order of Police" name on these websites (1) to promote a commercial venture, (2) to endorse a product or service, or (3) in any manner that is inappropriate or detrimental to the FOP's reputation. If you desire to use the Fraternal Order of Police name or logo on a different website, please consult the current policy adddressing the use of FOP names and logos on websites, and contact the Grand Lodge with any questions.

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(April 6, 2009)

The following are letters in reference to the County Council violating open meetings:
FOP 89's Letter to Open Meetings Compliance Board
The Open Meetings Compliance Board's letter to Chairperson Bland

News Article in reference to the above letters: Police union: Council violated law by holding private meetings, Prince George's Gazette, March 26, 2009

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(April 1, 2009)

A bit of history has seen its final days! The old “Jones Property” in front of the lodge is finally being razed. Work has begun on the newly purchased property. The area will primarily serve as additional parking for the lodge.

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(March 16, 2009)  A Word On The County's Fiscal Year 2010 Proposed Budget Plan

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(March 16, 2009)

Men and Women of FOP Lodge 89,

In this period of financial uncertainty throughout our country, many of our members are currently facing fiscal hardships. This adversity can cause emotional harm to you at work and more importantly, at home. One way to minimize its effect is to ask questions of the right people and educate yourself. FOP Lodge 89 has compiled a list of agencies and classes that will help you maneuver through this difficult period.

Please take care of you and your family.
List of Debt Help Agencies
Basic Budgeting and Avoiding Scams Seminar

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(January 28, 2009)  2009 Polar Bear Plunge a complete success! (w/picture)

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(January 7, 2009)  FOP 89 Issuing Keyscan Cards

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Frequently Asked Questions
Regarding Members with Military Obligations
Dear Brothers and Sisters,
Several members of our agency who have military obligations requested information regarding their and the departments rights and responsibilities. After a careful review of the Uniformed Services Employment and Reemployment Rights Act of 1994, we thought that the following information may prove useful and informative.
I respectfully ask every member that still has a military commitment to read and maintain this information for future reference. If a matter ever arises that we may be of assistance, please contact us at 301-952-0882.

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(May 20, 2008)  FLSA Guidelines for Meals and Breaks

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(May 20, 2008)  New Lodge Policies

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(May 20, 2008)  FOP 89 Fallen Heroes Memorial

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(May 20, 2008)  FOP.net Membership Accounts