FOP Lodge 89

President's Page

I AM EXTREMELY DISAPPOINTED TO INFORM YOU THAT THE FOP’S REPEATED ATTEMPTS TO SETTLE THE LONGSTANDING CONTRACT DISPUTE WITH THE BAKER ADMINISTRATION HAVE PROVEN UNSUCCESSFUL. THE FOP IS NOW AT IMPASSE WITH THE COUNTY, AND IS PROCEEDING TO BINDING INTEREST ARBITRATION.

I AM DISHEARTENED THAT THE CURRENT ADMINISTRATION STILL HAS FAILED TO ADDRESS THE IMPORTANT FINANCIAL CONCERNS OF THE FOP MEMBERSHIP, WHICH BEGAN UNDER THE JOHNSON ADMINISTRATION AND WHICH CONTINUES TO THIS DAY. THROUGHOUT THE ENTIRE NEGOTIATIONS PROCESS, THE FOP HAS BEEN EXTREMELY COGNIZANT OF THE ECONOMY THROUGHOUT THE NATION, THE STATE, AND ESPECIALLY WITHIN THE COUNTY. WE BELIEVE THAT OUR DEMANDS HAVE BEEN NOT ONLY REASONABLE, BUT ALSO FISCALLY RESPONSIBLE, SUCH THAT THEY CAN BE EASILY IMPLEMENTED BY THE BAKER ADMINISTRATION. THIS ADMINISTRATION CANNOT CONTINUE TO ASK THE MEN AND WOMEN OF FOP LODGE 89 TO DO MORE WITH LESS. THROUGHOUT A TOUGH ECONOMIC AND POLITICAL CLIMATE WITHIN THE COUNTY, YOU ALL HAVE STEPPED UP, MADE CONCESSIONS, AND CONTINUED TO PERFORM YOUR DUTIES IN AN EXEMPLARY FASHION. THE RESULT HAS BEEN A SIGNIFICANT OVERALL REDUCTION IN CRIME AND A SAFER COUNTY FOR ALL OF ITS CITIZENS. THE POLICE AND THE FOP HAVE BEEN A MAINSTAY IN THIS COUNTY FOR MANY, MANY YEARS, AND WE BELIEVE THAT IT IS TIME FOR THE BAKER ADMINISTRATION TO RECOGNIZE OUR LOYAL SERVICE, TO STEP UP, AND TO SUPPORT THOSE WHO HAVE SUPPORTED THE ADMINISTRATION’S POLICIES AND PRIORITIES, BOTH BEFORE AND AFTER THE ADMINISTRATION CAME INTO OFFICE.

AGAIN, IT IS MY COMMITMENT TO THIS MEMBERSHIP TO DO ALL THAT I CAN TO OBTAIN THE FAIREST AND MOST BENEFICIAL DEAL FOR THIS MEMBERSHIP. I REFUSE TO SETTLE FOR LESS AND WE WILL NOT BE ACCEPTING OF ANYTHING ELSE. A SPECIAL MEETING WILL BE HELD ON NOVEMBER 22ND AT 1400 HOURS AT FOP LODGE 89 TO PROVIDE ADDITIONAL INFORMATION.

I AM PLEASED TO ANNOUNCE THAT THE FOP AND THE COUNTY HAVE REACHED SEVERAL SETTLEMENTS OR RESOLUTIONS ON PENDING ISSUES, INCLUDING CLOTHING ALLOWANCE, OVERTIME, AND THE 18-YEAR STEP UPON COMPLETION OF 18 YEARS OF SERVICE. THE PARTIES ARE ALSO RETURNING TO THE BARGAINING TABLE DURING THE NEXT FEW WEEKS, AND THE FOP WILL CONTINUE IN ITS EFFORTS TO REACH A FAIR SETTLEMENT OF ALL PRIOR YEAR(S) OUTSTANDING ISSUES. THE COUNTY HAS EXPRESSED A DESIRE IF POSSIBLE TO WORK OUT A MULTI-YEAR DEAL EXTENDING OUT TO FISCAL YEAR 2014. WE HOPE TO HAVE SOME NEWS REGARDING THE COLLECTIVE BARGAINING AGREEMENT SOON. THE FOP CONTINUES TO APPRECIATE THE PATIENCE OF THE MEMBERSHIP AS WE WORK THROUGH THESE COMPLICATED ISSUES. PLEASE CONTACT ME VIA EMAIL, AT VINCE.CANALES@FOP89.ORG, OR CALL AT 301-952-0882 IF YOU HAVE ANY QUESTIONS.
Partial Settlement Announcement

OUR BROTHERS AND SISTERS FROM FRATERNAL ORDER OF POLICE, MONTGOMERY COUNTY, LODGE 35 ARE UNDER ATTACK BY THEIR COUNTY EXECUTIVE, COUNTY COUNCIL, AND THEIR CHIEF OF POLICE. A BILL HAS BEEN INTRODUCED THAT WILL NEGATIVELY IMPAIR FOP LODGE 35’S ABILITY TO COLLECTIVELY BARGAIN WITH MANAGEMENT ON MATTERS AFFECTING THEIR MEMBERSHIP.

BELOW IS A MESSAGE SENT OUT TO ALL FOP LODGE 35 MEMBERS, AS WELL AS FOP MEMBERS THROUGHOUT THE STATE, SEEKING ANY AND ALL ASSISTANCE ON THIS MATTER. THE COUNCIL IS SCHEDULED TO VOTE ON THIS BILL TOMORROW, JULY 19, 2011 AT 1:30PM IN THE MONTGOMERY COUNTY COUNCIL CHAMBER LOCATED AT 50 MARYLAND AVENUE, ROCKVILLE, MARYLAND. THE LEADERSHIP AT FOP LODGE 35 APOLOGIZES FOR THE SHORT NOTICE BUT THE COUNTY COUNCIL ONLY PROVIDED THEM WITH FIVE (5) DAYS BEFORE TAKING THIS MATTER BEFORE THEM FOR A VOTE.

WHILE THIS ISSUE MAY NOT DIRECTLY AFFECT US AT FOP LODGE 89, MEMBERS SHOULD KNOW THAT THESE ATTACKS ON LABOR ARE BECOMING MUCH MORE PREVALENT THROUGHOUT THE REGION AND THE COUNTRY. AND, AS WE ARE ALL WELL AWARE, OUR ISSUES HERE IN THE COUNTY HAVE NOT BEEN MUCH BETTER AS OF LATE. WHEREVER THESE ATTACKS ARE OCCURRING, WE MUST STAY UNITED. LET’S ASSIST OUR BROTHERS AND SISTERS IN MONTGOMERY COUNTY HOWEVER WE CAN DURING THIS TIME OF NEED.

SINCERELY,
VINCE CANALES, PRESIDENT, FOP LODGE 89

Message to FOP Lodge 35 Members

TO ALL FOP LODGE 89 MEMBERS,

I WOULD LIKE TO EXPRESS MY HEARTFELT CONDOLENCES TO THE FRIENDS AND FAMILY OF SISTER DIANA I. VALDERRAMA #3286. HER UNTIMELY PASSING WAS A SHOCK TO US ALL. MANY OF US ARE STILL LEFT WITH THE LINGERING QUESTION OF WHY THIS HAD TO HAPPEN. HOWEVER, EVEN IF WE DID KNOW WHY, THE RESPONSE WOULD NEVER BE ADEQUATE.

I HAVE RECEIVED NUMEROUS INQUIRIES FROM MEMBERS ASKING WHAT CAN BE DONE TO HELP. AS PREPARATIONS ARE BEING MADE, FRIENDS OF SISTER VALDERRAMA HAVE REQUESTED THAT A FUND BE ESTABLISHED BY THE FOP IN ORDER TO RECEIVE ANY MONETARY DONATIONS. CHECKS SHOULD BE MADE OUT TO “FOP LODGE 89.” IN THE MEMO SECTION OF THE CHECK, PLEASE INDICATE THAT THIS IS FOR THE “SISTER VALDERRAMA FUND.” ALL MONIES RECEIVED WILL BE USED TO HELP DEFRAY SOME OF THE FUNERAL EXPENSES. ANY MONEY LEFT OVER WILL BE GIVEN TO SISTER VALDERRAMA’S DAUGHTER, JOANNE SERRANO-VALDERRAMA.

WE WILL ADVISE ONCE ARRANGEMENTS HAVE BEEN FINALIZED. IN THE MEANTIME, PLEASE KEEP SISTER DIANA VALDERRAMA, HER FAMILY, HER FRIENDS, HER FELLOW CLASS AND SQUAD MATES, AND OUR ENTIRE POLICE FAMILY IN YOUR THOUGHTS AND PRAYERS.

SENDER// ISMAEL “VINCE” CANALES, PRESIDENT, FOP LODGE 89

To All F.O.P. Lodge 89 Members,

The last two years have been very trying. Many days, we are presented with challenges which force us to question why we are in this profession. I am sure that I am not the only one who feels saddened by the allegations filed today in Federal Court against several of our members. While the FOP has done all it can to stay abreast of the ongoing allegations and investigations into the department, we are always surprised and disheartened when we hear of an officer being indicted or arrested for criminal activity.

However cliché, I ask that this membership and the citizens of this County allow these members their day in court and not try them in the court of public opinion. These members should be afforded the same rights as any other citizen. It should also be very clear that this FOP and its members do not support or want to work alongside any officer found guilty of criminal activity and betraying his or her oath of office.

Despite extremely difficult circumstances, this membership has done an exemplary job protecting and serving the citizens of Prince George's County. We have no reason to be ashamed of identifying ourselves as Prince George's County Police Officers. The citizens of this County will forever owe a debt of gratitude to each of you for the service that you provide.

We shall overcome this latest obstacle as we always have, with dignity and pride. We will come out of this much stronger. Often times, the FOP is not at liberty to disclose pertinent, confidential information about a particular matter. This situation falls into this category. All I will ask is that we remain focused and united and know that "this too shall pass!"

Sender// Ismael "Vince" Canales, President, FOP Lodge 89

Click here to read President Canales' response to the following anonymous e-mail:

"Guess I'm gonna get ready for the "mandatory" meeting. I've been hearing alot of rumblings from the rank and file wanting to know where is their represntatives? Who is defending them? Where is the outrage at reporters showing up at your member's front door? Where was the outrage when YOUR endorsed candidate went to the Washington Compost making your members look bad??????

Putting out pretty little newsletters that sound like an Obama campaign speech is NOT getting the job done! Everything is not "hunky dory!!!"

The recently released video footage detailing an incident involving a University of Maryland student and members of the Prince George’s County Police Department has ignited a stream of controversy and outrage throughout the region and the country. The actions of my members on that evening are being aggressively investigated by the Department in collaboration with the State’s Attorney’s Office, Department of Justice and the Federal Bureau of Investigation. I am confident that upon conclusion of this investigation answers will be provided to many of the questions currently surrounding this incident.

While I acknowledge that public scrutiny of this incident is going to occur, as President of Fraternal Order of Police, Prince George’s County, Lodge 89, I respectfully ask the public and the media at large to await passing judgment and allow the established internal investigative process to work. I implore everyone to stand in support of the over fifteen hundred men and women of the Prince George’s County Police Department during this challenging time.

As President of the Fraternal Order of Police, Prince George's County, Lodge 89, I wish to extend an invitation to the brothers and sisters of FOP Lodge 89 to attend our annual Police Memorial Service. Each year, Fraternal Order of Police Lodge 89 holds a Memorial Service honoring the twenty-six Prince George's County Police Officers killed in the line of duty. This service pays a living tribute to the officers who made the ultimate sacrifice in the performance of their duties.

This years service will be held on Thursday, May 13, 2010, at the Fraternal Order of Police Lodge 89, 2905 Old Largo Road, Upper Marlboro, Maryland. A Continental Breakfast will be served at 8:30am prior to the Memorial Service. The Memorial Service will begin promptly at 10:00am. Following the service, our family members, police colleagues, and guests will participate in a wreath laying ceremony at the individual officers' grave sites.

If you are willing to participate in the FOP Lodge 89 Memorial Service as a walker during the service and to assist with the Wreath Laying ceremony, please contact Pam at FOP Lodge 89.

To All FOP Lodge 89 Members,

The County has circulated a Tobacco Affidavit, as part of its announced intention to impose a penalty of $40 per month on any employee or retiree who is a smoker or tobacco user. This program – adopted and implemented unilaterally by the County, without any agreement or even input from the FOP – is scheduled to take effect on February 1, 2010.

The FOP has filed a grievance challenging the program as a unilateral and discriminatory change in the cost of the health insurance program and a violation of the collective bargaining agreement. Of most importance, we believe it is arbitrary and capricious to require employees or retirees to pay a monetary penalty for using tobacco when the County has not made available any smoking cessation programs or other means by which employees or retirees can stop using tobacco.

There exist federal statutory and regulatory provisions under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that generally prohibit employers from discriminating on the basis of an employee’s health condition in determining benefit premiums or contributions, with a recognized exception for bona fide wellness programs. In simple terms, this means that it is not permissible for the County to impose higher payments on smokers or other tobacco users unless the County has a bona fide wellness program and the smoker or tobacco user does not comply with the wellness program’s requirements. Conversely, if the County offers a smoking cessation program and the employee or retiree participates, the County cannot impose a higher charge on that individual. Also, if an employee finds it unreasonably difficult to stop smoking or stop using tobacco due to addiction, we believe that the County must provide a reasonable alternative for avoiding the higher charge, such as attendance at educational classes or use of a nicotine patch, and the County also must allow the employee to be exempt from the premium increase if his or her medical provider certifies the underlying addiction.

Our grievance seeks to delay implementation of the County’s Tobacco Affidavit and the monetary penalty, unless and until the parties are able to reach agreement on the underlying rules and standards that will govern this program. In the meantime, applying the “obey now, grieve later” rule, all officers and retirees are advised to complete and submit the Tobacco Affidavit in a truthful manner if they want to avoid the extra payment of $40 per month.

If there are any questions or concerns, please contact me via e-mail or call 301-952-0882. We will keep you abreast as things continue to develop.

Ismael “Vince” Canales, President, FOP Lodge 89

Letter to the Board Members

I would like to congratulate the Fraternal Order of Police/ Metropolitan Police Department Labor Committee for their recent arbitration victory against the Metropolitan Police Department. The decision addresses violations of certain provisions contained within their contract regarding schedule changes, as well as how members shall be compensated. While this ruling has no direct effect on this membership, we are studying the possibility of introducing similar language during a future round of contract negotiations. I have attached a copy of the arbitrators decision for your perusal. Again, congratulations to our Brother and Sisters at DC/ FOP Lodge 1.

FLSA Comp. Issue

The FOP has a pending dispute with the County about payments for FLSA compensatory leave. On the substance, the Department is incorrect when it suggests that officers who already have accumulated more than 480 hours of FLSA compensatory leave must wait until termination of employment to receive payment for that leave. The FLSA only allows up to 480 hours of FLSA compensatory time to be accumulated, and any hours over that statutory limit must be paid out either immediately, or when requested by the employee. If necessary, the FOP will pursue these errors in the appropriate proceedings, until they are resolved to the FOP's satisfaction.

Any member having a question or concern should contact the FOP for clarification and assistance!

President Vince Canales

County Executive and County Council to Receive Pay Raises
By President Vince Canales

Yes it is true! In a recent news article, it stated that the County Executive and County Council shall receive a COLA this year. (Please go to the following link for the full story, http://gazette.net/stories/04162009/prinnew173329_32471.shtml). In my opinion, the humor in all of this is that they are utilizing a similar argument that we are regarding an inability to breach a binding agreement. In the County’s case it would be the County Charter as compared to our Collective Bargaining Agreement. While some would argue that the comparison is tenuous, I firmly believe that it is not and that it is a slap in the face of every County employee that has been furloughed should they accept this raise.

Within the article, several of our Council Members have expressed their concern and intention to look into ways of preventing these raises from occurring. Seeing that the rules in Prince George’s County don’t usually apply, I am sure that the Council could introduce a measure similar to the furlough provision. And based on our past experience, I know they can introduce and pass a provision such as this within a matter of twenty-four hours. And, I am sure that the citizenry of the County would even forego the ability of providing any testimony regarding it.

Now on a serious note, we are only demanding that all things be fair and equitable. The County Executive and Council were wrong when they took the extreme measure of furloughing its employees. The County Executive and County Council should do the right thing and restore every County employees pay! Otherwise, they should lead by example and forego their raise! With the County Executive now insinuating potential layoffs and additional furloughs for the upcoming budget year, what sense does this make?