DC Police Union Newsletter Volume 1, Number 4

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CONTENTS

1. How Involved Are You? 2. Upcoming General Membership

Meeting 3. Details vs. Assignments 4. AHOD Update 5. Improvements in DC Police

Union Leadership 6. What’s the Difference between

DC FOP Lodge 1 and the DC Police Union

7. It’s Just a Piece of Paper – Let’s Talk about Progressive Discipline

AUGUST 4, 2015

VOLUME 1, NUMBER 4

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How Involved Are You?

By: Gregg Pemberton, Treasurer Many of us think that The Union is just the leadership, the chief stewards, and the shop stewards, although, those people are just your representatives. The Union, by its very nature, is all of us. It’s every member of the MPD. It’s our ability to stand as a united front to support our rights and our working conditions. The leadership is here as your elected officials to organize, aid, and represent all sworn members of the MPD, but it is your level of involvement that gives us our strength. As a 7D Detective, I know how little time we have to ourselves and our families in this profession, and I can appreciate that no one needs any additional responsibilities; however, even the most minor level of involvement can assist us in furthering our agenda. Over the past year and a half, The D.C. Police Union has made incredible strides in improving communication, education, and service to our members. We have done this

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through our website, DCPoliceUnion.com. There is so much information available to you as a member, that much of the misinformation and rumor that bogs us down can be easily clarified. The Union’s positions and accomplishments are there for review and comment; all of the contact information for the Executive Committee and the Executive Council is posted; we have a new Request for Service inbox that is monitored by the Executive Committee if you need Union assistance, and all of our blog posts and newsletters are posted and available to be read at any time. The attendance at our membership meetings is not exactly stellar. While I would like to make a call for everyone to make a concerted effort to attend, I know that is a tall order considering everyone’s hectic schedules. But if all of our members spent a few minutes on the site educating themselves, we may find The Union in a place where we can be more influential, more effective, and better able to communicate successful ideas to each other. Next time you find yourself trolling around social media or killing time on the latest addictive app, consider investing those precious minutes learning about how you can educate yourself on the issues and get involved. And don’t ever hesitate to contact any of us directly; we’re here to represent you.

Upcoming General Membership Meeting

Our next General Membership Meeting will be in the month of September. We want as much participation as possible, and as a result, we are asking you to please email Secretary Marinos at mmarinos@dcpoliceunion.com (from your non @dc.gov email address) with a location, day, and time that works best for you.

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Details vs. Assignments

By: Marinos Marinos, Secretary

One of MPD management’s favorite tools to ensure compliance in specialized units is to tell them “You are detailed, you can be gone tomorrow”. Unfortunately as a Union Official I hear stories of contractual or rights violations all too often but the member is afraid to make a formal complaint because of fear of retaliation, and/or having their detail taken away and sent to a patrol district. The first thing I tell a member that is concerned about this happening is that they are police officers and that if they aren’t afraid of pushing a scout car for eight hours they take a lot of power out of management’s hands.

We are receptive to your concerns, but allowing management to violate your rights and the contract puts the entire membership at a disadvantage, and prevents us from ending this practice. The MPD has been making it a common practice to staff entire specialized units with all detailed Union members in an effort to circumvent General Order 201.04 (Special Assignment Positions). However, if you read Special Order 99-20, Section D. which reads “Temporary detail is a change in assignment or work location lasting for ninety (90) days or less.” This excludes being detailed to another element while being in a less than full duty status (non-contact and limited duty). Also General Order 201.18, Section B, Part 1 (Detail Assignments) reads in part; “Details are intended only to ensure that the department’s temporary needs are met during specified periods...” It is the Union’s position that if you have been working in a specialized unit for more than 90 days you are assigned to that unit and are afforded all the rights and protections listed in General Order 201.01 (Special Assignments). The Union views members in this position to be assigned, not just detailed, and thereby will support and defend you from this position as defined by MPD policy. MPD management has also used the tactic of ending members’ “detail” if they are being accused of misconduct. Summarily disciplining a member by transferring them or reassigning them to another element is expressly forbidden in Article 14 of our Collective Bargaining Agreement. I understand members are cautious to exercise their rights under D.C. Code and the Agreement, but if we do not hold management accountable they will continue to violate our rights and unfairly use specialized assignments as a way to manipulate the membership. Don’t hesitate to at least be

counseled by a Union Representative if you have any matters concerning your rights.

AHOD Update

2007: The first of a series of group grievance was advanced to arbitration in July after efforts to resolve the matters with the MPD failed. 2008: An arbitrator was recently assigned after efforts to resolve the matter with the MPD failed. The arbitration hearing is being scheduled in the Fall 2015. 2009: The DC Police Union filed a Class Grievance and prevailed in arbitration. The MPD did not appeal the Arbitrator's decision. The MPD and the Union are scheduled to return to the Public Employees Review Board (PERB), so the PERB can determine what type of payments should be ordered for the Enforcement Order in DC Superior Court. 2010: The DC Police Union filed a Class Grievance and prevailed in Arbitration and was upheld by the PERB Board. The MPD did not appeal the decision, but refuses to pay the award and the matter is currently before the PERB in an enforcement proceeding. 2011: The DC Police Union filed a Class Grievance and prevailed in Arbitration and was upheld by the PERB Board. However, MPD appealed PERB's decision, which is currently pending on appeal in DC Superior Court. 2012: The DC Police Union filed a Class Grievance and is awaiting a date for arbitration. 2013: The DC Police Union filed a Class Grievance and is awaiting a date for arbitration. 2014: The DC Police Union filed a Class Grievance and is awaiting a date for arbitration. 2015: The DC Police Union filed a Class Grievance and is awaiting a date for arbitration.

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Improvements in DC Police Union Leadership

By: DC Police Union Executive Committee

Since beginning the 2014-2016 term the D.C. Police Union’s Executive Committee has been receiving constructive criticism from our membership about shortcomings of the Union and ideas on how to make things better. We have also taken a proactive approach to improving ourselves and making sure that our membership receives the proper representation. Listed below are examples of improvements and new methods and procedures used by the Union’s leadership team to improve representation and keep our membership involved and informed.

Request for Service Box: If you visit our website at www.DCPoliceUnion.com and click on the “Take Action” tab you will see the Request for Service Box. This service was created in response to member’s complaints of difficulty contacting Chief Stewards at times that were convenient for the member for reasons including but not limited to working different tours, different days off, multiple locations, (e.g. District Detective Offices or Special Operations Division) When a member completes the request for service form it will be sent directly to members of the Executive Committee. The request will then be reviewed and forwarded to the appropriate Chief Steward who will contact the member and address the issue. Steward Outreach: Members of the Executive Committee are beginning to meet with every Shop Steward to ensure they are receiving up to date information and have all the tools needed to properly represent you in the field. This is a great way to keep communication flowing from the Executive Committee directly to the general membership. Recent Settlement Agreements: While working inside of MPD buildings you may have seen a Public Employee Relations Board (PERB) Notice posted on doors and walls. The notice is very vague and has little information to what actually occurred and what the violation was. The Union is now posting recent settlement agreements and the original complaint to PERB on our web page under the news tab. General Membership Meetings: The Union is taking suggestions for the date, time and location of the next General Membership Meeting. It has been a very long time since a General Membership Meeting has had a quorum. In an attempt to

increase attendance, the Executive Committee will try their best to schedule the meeting at the date, time, and location most requested by the membership. The meeting for the next quarter must be held before September 30, 2015. Relationship with MPD: The Executive Committee has weekly meetings with MPD, where we negotiate policy and address concerns on both sides. Relationship with D.C. City Council: The Executive Committee has met with and will continue to meet and work with members of the Council of the District of Columbia to address issues affecting the delivery of police service to the public and any issue impacting our membership. Issues discussed with the Council included the Union’s position on legislation (e.g. the Police and Criminal Discovery Reform Amendment Act of 2015 [APO law], Body Worn Camera footage accessibility through D.C. Freedom of Information Act); the root cause for the Department’s extremely high attrition, and our oppressive internal discipline system. We also discussed at length the Union’s written response to the illegal dirt bike and ATV problem and the failure of the Office of the Attorney General and the Judges of the D.C. Superior Court to hold arrestees accountable for violating the law and making our roadways more dangerous. The Union’s input has received a positive response from City Council members all of whom pledge to continue working with us to improve the conditions within the MPD. Chairman Burton also participated in the City Council’s 21st Century Policing Round Table. Relationship with our citizens: After developing www.CrimeDC.com we have received some media attention as well as appreciation from the citizens who use our interactive crime map and receive our daily news updates. We also are scheduled to attend PSA meetings throughout the city where we can address issues that affect both the membership and the citizens. Presence in the media: Every member of the Executive Committee has spoken to the media, we have had interviews aired in local, national, and international outlets. The topics have ranged from attrition issues, equipment, new laws, and misconduct by high ranking management officials. Chairman Burton has also participated in multiple forums concerning police work. The video and audio files are posted on the Union’s Facebook and web pages. Roll Call/Element visits: The D.C. Police Union has visited many … CONTINUED ON PAGE 4 …

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… CONTINUED FROM PAGE 3 … roll calls throughout the city. In these roll calls we were able to speak directly to the membership. After certain roll calls we also had opportunities to speak to the Element’s managers on occasion to make ensure management understands our positions. Finally, we appreciate and need your feedback positive and negative in order to continue improving the delivery of service and information. Please read our Monthly Newsletters for more updates about what is going on with your Union at http://dcpoliceunion.com/blog/july-newsletter What’s the Difference between DC FOP

Lodge 1 and the DC Police Union

By: Marinos Marinos, Secretary

After Chairman Burton’s memorandum to the membership concerning the dues increase passed by the Fraternal Order of Police Jerrard F. Young District of Columbia Lodge No. 1 (the Lodge), I received a lot of feedback asking the same general questions: “What’s the difference?” and “Why?” Explaining the structure of the Lodge and the multiple Unions affiliated with it can be confusing. In this article, I will attempt to clarify those differences. The D.C. Police Union is located at 1524 Pennsylvania Avenue, SE and is a labor organization and the exclusive representative for the Police Officers, Detectives, and Sergeants of the Metropolitan Police Department. The D.C. Police Union is responsible for labor related issues (e.g. contract negotiations, disciplinary matters, dental administrative and legal representation, and all issues related to member’s rights). In addition to all of those responsibilities we also administer dental and vision insurance, legal services, as well as the Metropolitan Police Employee Assistance Program (MEAP). The Lodge is located at 711 Fourth Street, NW and is social organization with a membership that includes almost every police agency that operates inside the District of Columbia regardless of their rank. The lodge administers the FOP vehicle registration tag program, staffs “Tent City” for Police Week, and other social functions related to law enforcement personnel. The Lodge, as mandated by its own By-Laws, has no involvement in the day-to-day operations of the D.C. Police Union.

Although the District of Columbia is not a state, the Lodge operates as a State Lodge. In the state of Maryland, the State FOP Lodge handles the majority of issues at the state level, such as lobbying the State legislatures and testifying on behalf of the law enforcement officers that they represent. A recent example of a State Lodge doing their function is when the State Delegates from Baltimore City were trying to destroy the Maryland Police Officer’s Bill of Rights. The State FOP Lodge President Vince Canales and his team did an amazing job of lobbying the state legislatures. They explained why the Police Officer’s Bill of Rights was important and why the Delegates proposed legislation was poorly written and unfair to Maryland Law Enforcement Officers. The Lodge does not have a legislative arm to lobby on behalf of its members working in the District. In 2011, Mayor Vincent Gray improperly changed the payment formula for health care benefits for all government increasing employees by three percent. The affected employees included Lodge members of all ranks from the D.C. Housing Authority, D.C. Protective Services Division, and the Metropolitan Police Department. By having an effective legislative presence the D.C. Police Union was able to reverse this unilateral change that would have negatively impacted the finances of its members. The Lodge was missing from this fight and did not assist the D.C. Police Union or any of its member Labor Committees in anyway even though Lodge members were directly impacted by the altered payment formula. This is one of many examples where the Lodge fails to properly represent their membership. In a recent email Lodge President Marcello Muzzatti wrote that “by rule” the Lodge cannot “interfere” with the Union. While the last thing the Union would want is any person or organization interfering with our operation, organized help would have been appreciated during former Mayor Adrian Fenty’s term where he decimated unions and the D.C. Police Union was under constant attack from his office as well as MPD management. Instead, the Lodge was mostly silent and showed little interests in the well being of the Union’s membership. President Muzzatti’s statement contradicts Article 2, Section 2 the Lodge’s By-Laws which reads: “In regional or national matters the Board of Directors or the President may provide such legal or technical advisory services as may be appropriate.” Further, Article 2, section 1 requires the Lodge to be aware of all matters relevant to its members and provides, in part, that: “The Lodge shall be cognizant of … CONTINUED ON PAGE 5 …

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… CONTINUED FROM PAGE 4 … all matters of local and national scope and concern affecting the welfare and interests of law enforcement officers and their dependents.” Regarding the dues, the timing for the Lodge dues increase appears to be more than coincidental with the recent raises the membership received after almost seven years without a cost of living adjustment. The Lodge dues increase became effective in the beginning of calendar year 2015, which would significantly affect the Union’s budget because it operates on the fiscal beginning on October 1 each year. If the Union paid the dues increase it would be taking money away from our operating budget impacting our ability to represent our membership; it would also violate the Union’s Bylaws. Article 10.2 provides in part, “No agreement, contract, or obligation involving the payment of money or the credit or liability of the LABOR COMMITTEE shall be made unless the same is authorized or directed by resolution of the Executive Committee and duly entered in the Minutes thereof.” I hope this article explains the significant differences between the D.C. Police Union and Lodge, while the Executive Committee understands that members may want to continue their Lodge membership, by allowing our members to determine their level of support to the Lodge, we can alleviate some of the confusion of the membership and the general public. Keep in mind that the decision to opt-out of paying Lodge Dues will have no bearing on the member’s representation or the D.C. Police Union’s ability to exercise its rights within the Labor Agreement. “It’s Just a Piece of Paper” – Let’s Talk

about Progressive Discipline

By: Mark Dega, CID/CSID Shop Steward Progressive Discipline is defined as “Progressively more severe disciplinary action seeking to have the conduct or performance raised to acceptable levels”. Too often, members will accept corrective action in the form of a Dereliction Report (PD750), Official Reprimand or Letter of Prejudice because it’s “only a piece of paper”; and this is how it’s often sold by management, (in lieu of adverse action). Discipline of this nature can stay on your personnel jacket for up to three years. This can affect you, the member, in multiple ways. First, whenever you receive any sort of discipline it is done so under a

formal charge, i.e. Directives Violation. This, like most of the charges, are very broad in scope lead to a higher propensity of you committing the violation again, even if the violation was very different from the original it will be charged under the same heading and the discipline will now be subject to an increase under the progressive discipline system. Second, all forms of discipline are to be considered during the members Performance Rating Cycle. Most members don’t put much credence in their evaluations; this can be a huge mistake. Most vacancy announcements require an “Exceeds Expectations” or a “4” overall in order to apply for said position. Having that “piece of paper” in your jacket could be the difference between a 3 Meets Expectations and a 4 and your ability to apply for a position you may want in the department. Remember, always have proper union representation from the start of any disciplinary proceedings and always request an in person resolution conference with the Commander and your union representative.