From Hero To Bad Guy In One Budget Vote: The Demonization of Public Safety

February 29, 2012 3 Comments

In my house, we have a budget. Everything down to the food for the pups, we plan ahead. Now some of those plans involve the unexpected. Boo and Scout love their bones, but occasionally, they drop one in the yard. Of course, we need to replace it. We also think about our lives down the road. I love practicing law, but I might actually retire one day and spend all my time with the redhead. That is my dream anyway. We put money away to reach our plan to retire. We work each day keeping our plans for the future in mind.

During those days of working and planning for the future as well as when we retire, we plan to be protected by public safety personnel. While we save to buy groceries when we are 80, we are not saving to pay for police protection, EMS response or firefighters to put out a fire at our home. That is something we expect to be provided by our government. I must brag that our public safety folks in Cobb County are some of the best in the country! Just as my wife and I have plans, each of those public safety employees has a goal, plan and a dream for retirement.

In public safety, as in any other endeavor, there is a quid pro quo with regard to retirement. If you work for low wages, accept the conditions of a job that 99% of the public could not and would not do and accept the fact that you may not come home at the end of your shift, the public that you serve will provide a safety net when it comes time for you to retire. Your retirement will be paid every year for the rest of your life. The amount of that you will receive can be calculated to the penny based upon your years of service as a percentage of your annual salary. The annual amount of a public safety retirement is no surprise to the personnel or the government that employs them.

So, I have been amazed lately that public safety retirements have come under attack. Suddenly, the “reason” that governments around the United States cannot survive in tough economic times is because public safety employees” make too much money” and their “retirements cost too much!” Some governments have gone so far as to seek bankruptcy as a way to avoid the obligation to pay these retirements, even for those public safety personnel who retired long ago!

Now it seems simple to me that if a government entity knows what obligations it has with regard to the amount of money necessary to fulfill the promises made to public safety personnel retirements, those funds should have been budgeted, planned for and expected every year. Budgets are not destroyed based upon long anticipated expenses. Budgets should only be threatened by unexpected expenses. This is the same as in our home budget.

Some will disagree. “Lance, the reason the budgets are threatened is because the economy crashed and there is less income to pay the government’s obligations.” This is nonsense. Like our home, the government should have a reserve fund to ensure all obligations are met, including the retirement obligations to public safety employees. This is not a difficult concept. If circumstances change, cut the budget elsewhere. The first obligation of any government is to protect the citizens. This means living up to the promises made to those who fulfill that obligation.

So, why have public safety pensions come under fire? If there is truly not enough money in a government budget how is that the fault of the brave public safety workers who did everything we asked of them and more? Why do we allow elected officials to demonize the people who did nothing to place the government in this position? We must point the finger back at these elected officials and tell them that mismanagement is the demon; pure and simple.

However, do not be naive. Public safety pensions are under attack for another reason. There are people who believe that public safety personnel are overpaid….yes, overpaid. They portray public safety personnel as employees who work for a short period of time and then live off the government for the rest of their lives. Listen carefully to their arguments. They make it sound like your pensions are not earned! A pension is earned every shift, every day, every call. Every child taken into protective custody, every body pulled out of a fire and every felon apprehended entitles public safety personnel to that pension. There is something more to this pension. Public safety personnel could work in the private sector and make more money throughout their careers. If they made more, they could save more for their own retirements. They choose to accept less money for 20 years in exchange for a promise from the people they serve. It is that simple.

In every society, there are people willing to step up to perform the undesirable tasks that are critical to the success and safety of that society. Without these individuals, our society would be a different place. In the case of public safety personnel, we would have no one to call when faced with a medical emergency, our property would be in jeopardy and we would be left to protect ourselves when faced with criminals. We make a promise to those who step forward to protect our society; make it thorough a career and we will provide for your retirement. That is the nature of a pubic safety pension. It is not a give away, it is not entitlement spending.

Watch out for those who demonize what you worked so hard to achieve, or worse, those who support allowing a government to avoid its obligations with regard to public safety pensions. They are not conservative, they are not fiscally responsible and they are no friends of public safety. Supporting public safety means more than making speeches and promising to be tough on crime. The true measure of a politician is a commitment to the obligations of government including public safety and the promises made to public safety personnel. Nothing short of living up to those obligations is acceptable.

Speak out, get involved and VOTE! You earned the right to do all three. Stand up for yourselves and each other and do not allow anyone to turn our heroes into demons.

Stay safe.

Filed under LEO Litigation, Media Relations, Officer Safety, Politics & Current Affairs, Social Networking Tagged with , , , , , , , , , , , , , , , , ,

Civil Suits By LEOs: Your Rights on the Civil Side of the Law

February 19, 2012 Leave a comment

You are driving your patrol vehicle facing a green light at a busy intersection. In a scenario played out thousands of times each day, a driver approaching the red light from the right is too busy texting a friend to pay attention to the color of a traffic signal. He is traveling 50 miles per hour and never touches the brakes as he enters the intersection and strikes the passenger side of your patrol vehicle.There was no way for you to avoid the collision.

The impact is severe. When your car stops spinning, you realize you are hurt. Not the type of bruising and soreness you feel after arresting a resisting suspect, I mean really hurt. Your first responder skills kick in as you take a moment to assess your injuries. When you see the deformity in your right arm. you tell radio to send EMS code 1.

I have had the honor to represent many LEOs in many types of cases. I’ve stood with LEOs in grand juries, trial courts, civil service boards and internal affair interviews. I have also stood and protected LEOs and their families when they were injured on the job. I’m not just talking about workers compensation cases. I’m talking about using the civil courts to recover money damages for LEOs injured on the job.

Most of these cases involve motor vehicle collisions. However, that is not always the case. I sued on behalf of a LEO in response to a use of force claim filed by a young man and his parents after the LEO shot the young man. The LEO shot several times after the young man stabbed the LEO. I sued the perpetrator for the stabbing and the parents for buying the knife. I also sued a person who falsely alleged that a LEO fondled her on a traffic stop. We were successful in both cases and many others.

Civil suits are nearly always available to LEOs any time they are injured by the actions of another. Sometimes, the suits do not make sense, but often, this is the only way for the LEO to clear his name. In the case of the LEO falsely accused of fondling a woman on a traffic stop, he now has a copy of the civil judgment against this accuser in his personnel file. No lingering questions hanging over his head or rumors during promotion reviews. He was cleared. His accuser also has to write him a check every month.

Civil suits are separate and apart from a claim under workers compensation. Workers compensation is a no-fault system. If you are working and suffer an injury, the workers compensation system is there to ensure that your medical bills and other benefits are paid. However, you can file a claim for workers compensation and a civil suit against the person who injured you. In most states, however, you cannot sue your employer in a separate civil suit.

In the case above, you would have a potential civil suit against the driver who ran the red light. You may also have a claim against the driver’s employer. These claims often settle without the need for a civil suit especially when people pull out in front of LEOs. It is hard to say you did not see the marked car coming! Juries are very unforgiving of people who injure LEOs; especially DUI drivers!

The important thing is to find an attorney who is not working for your agency or government entity. You must find an attorney who will independently evaluate the merits of your case. In my experience, agencies do not care if you file suit against a person who injures you and are generally very supportive. This is especially the case when you file a countersuit against a person who sues you for excessive use of force. Remember that the suspect who punches and kicks you can be sued! That is the basis of your countersuit when that same suspect sues you for excessive use of force after you arrest him.

Finally, the attorney you choose must be willing to go the extra mile. I once represented a LEO who was shot serving a warrant. He and his partner were able to exit the house. The suspect took his own life after the responding LEOs formed a perimeter. I wanted to file suit against the suspect’s estate, but the family tried to prevent this by refusing to set up an estate. So, I set up an estate for the suspect, appointed an attorney to represent the estate and filed suit against the suspect’s estate! It took over two years, but were able to collect a settlement for the LEO. He is still working today, and I am proud to know that I helped him.

I learned many things in law school and I learned a lot on the street as a LEO. I practice law with a philosophy from the street, “Never give up.” Do not forget to consider a civil suit if you are injured on duty. This is so important to protect yourself and your family as you may not be able to work part-time jobs or earn any overtime while out of work. A recovery in a civil suit can help fill those gaps especially if you are not able to return to work. Read my blog post on underinsured/ underinsured motorist (UM) insurance to make certain you are doing everything possible to protect yourself. UM insurance on his personal vehicle would likely help our LEO in the accident described above.

You are a part of our court system, civil and criminal. Do not hesitate to use that system to help you when you are injured on and off duty. You deserve access to our courts. In fact, you earn that access every day.

Stay safe.

Filed under Education, Insurance, LEO Litigation, Officer Safety Tagged with , , , , , , , , , , , , , , ,

Whitney Houston and the Push to Legalize Drugs: A Perspective From the Street and a Reality Check

February 12, 2012 5 Comments

I love music. Music has been a big part of my life. I drove around in a patrol car listening to everything from jazz to rock to classical, often depending upon how my calls progressed on a given day. Music provides an escape for me, helps me relax and inspires me in many ways.

Today, I watch story after story about the passing of Whitney Houston. Everyone seems to be so shocked that this 48-year-old woman passed away. LEOs are not surprised. We see first hand thousands of people who never live to the age of 48. We see lives torn apart, children abused and people killed by illegal drug users driving under the influence. While the media is dancing around the reason for her cause of death and whether or not it was drug related, we all saw the effect of drugs on her life.

So, imagine if drugs could be purchased at every grocery store or gas station. People could pick up a hit of speed on the way to work or a six pack of ecstasy on the way to a party. Perhaps you’re having trouble sleeping. You could get 50 morphine tablets to help you get some rest. The possibilities are endless. So are the effects.

People who use illegal drugs have friends and families….at least for a while. They drive on the roads that we all use everyday. They make the products that we use, the cars that we drive, and provide the services we need to live in our society. We all suffer a tremendous cost, both financial and personal, based upon the effects of illegal drugs. Talk to the children of people who are too high to feed them, the parents who lose track of their children who would rather get high than anything else or the people injured by drivers who are high behind the wheel. LEOs see this every day.

Drugs are not bad because they are illegal. Drugs are illegal because they are bad. I do not know what caused the death of Whitney Houston. Perhaps it was a congenital disorder completely unrelated to her past. Perhaps she fell in a common household accident. Or perhaps her body simply had enough. We may never know.

Whitney Houston was an American treasure. Her voice was a gift from God. Her short life reminds us of tragedies played out in our country every day. Families destroyed, people killed and many more permanently injured, the proof is right there for anyone to see. However, we will not see a condemnation of drugs in the aftermath of Whitney’s Houston’s demise. We will instead see people talking about how sad they are about her passing, how unfortunate it is that she passed away at such a young age and how she will always be remembered. Then Monday, the political machine advocating for the legalization of drugs will crank up and move forward.

If you want to know about the effect of illegal drugs, ask any LEO. Ask them about the children in protective custody, the parents who receive death notifications about their children and the innocent motorists whose lives changed forever in an instant.

Ask any LEO because they are on the front line and see the effects of illegal drugs every day. Ask the families of the fallen LEOs killed by drug dealers and users. Ask them. They will tell you. Will you listen?

Stay safe.

Filed under Illegal drugs, Officer Safety, Politics & Current Affairs Tagged with , , , , , , , , , , ,

Government Email For Private Use: “We have no secrets”

February 4, 2012 Leave a comment

I’m dating myself here, but in 1972, Carly Simon released a song entitled, “We have no secrets.” The song and the album were very successful and the lyrics were quite timely. “We have no secrets. We tell each other everything.” Later in the song Ms. Simon sings the very powerful and wise line, “Sometimes I wish, often I wish that I never knew some of those secrets of yours.” While we all agree that email is an amazing way to communicate, many think that email is private like a letter placed into an envelope. Nothing could be further from the truth. This is especially true with email provided to you through a government entity.

Here is the scenario that I see most often. A LEO has an email address provided by her employer. She uses the email address often at work and becomes familiar with it. She gives this address out  to friends and family members as freely as she does with co-workers and other LEOs. Eventually, she begins using the government email address in association with Facebook, Twitter, a personal blog or as contact information for a private group such as the Fraternal Order of Police. Eventually, this email address is used constantly for non-LE business. One day, the agency confronts the LEO with an email she sent to a friend. Her chain of command reminds her of the agency’s policy regarding private use of government resources and making disparaging remarks that undermine the effectiveness of the agency. Suddenly, a complaint is born, a LEO is facing discipline and a rush of fear comes over the LEO with an aching thought, “Can they look at all of the email I sent?” Short answer: Yes.

Email is hosted or maintained by the entity that owns the domain name. This is the part of the email after the “@” symbol. With very few exceptions, you should expect that you have no expectation of privacy in any email you send or receive through your agency email. That’s right. No subpoena necessary. You can also bet that the attorney suing you or your department will want any email relevant to the case and he will get it.

However, privacy is not your only concern. Many agency policies consider personal use of email the same as using any other government resource for personal use. Would you take your patrol car on a family trip to Wally World? Would you think it is acceptable use stamps and envelopes from your agency to send out payments to your cable and power company? If the answer if “no” then your understand why you should not use your agency email for private purposes.

Have you heard enough yet? Well, there’s more. While you may be able to control the emails you send, you have no control over the email sent to you! Imagine the sheer joy of explaining to your chain of command how your friend from high school through it was cool to send you an email with a nude photo attached. That would truly be a memorable experience. In truth, you have no control over the email people send to you. Including attachments that contain destructive viruses.

Finally, any correspondence with your attorney is protected by privilege. This privilege can be placed in jeopardy if you correspond through your agency email. I routinely call people who send me legal questions over their agency email and tell them to provide a private email address.

Fortunately, there are a number of simple and cheap solutions. You can get a gmail account here, a Yahoo account here, or get an email account from your cable company. Many organizations will allow you to get an email account through them. For example, any FOP member can get an email account with “fop.net” as a domain name. My FOP email is lance@fop.net. You can get an FOP email address here. If you are not a member, you can take care of that as well!

So, no more excuses! Get a personal email and use it for personal matters. Whether you are a” technogeek” or a dinosaur, you cannot wait any longer to take care of this. After all, Carly Simon was right about one thing. There are few secrets any more especially in our age of technology. Preserve the privacy you have.

Stay safe.

Filed under Education, Social Networking, Uncategorized Tagged with , , , , , , , , ,

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