BUDGET UPDATE

06/30/2009 – 2000 hours
At approximately 1745, ADC Director Ryan telephoned the Director of the FOP ADC Labor Council, Melissa Wallace, to discuss the continued operation of ADC.  Mr. Ryan assured Wallace that ADC would continue functioning at 100%.  There are no immediate furloughs or lay-offs.  Mr. Ryan expressed concern that inaccurate rumors could become out of control.  While no Arizona State budget had yet been passed at the time of the conversation, Mr. Ryan did state that emergency funding was in place to keep ADC at 100% operation for the time being.

Although Melissa Wallace was attending the annual FOP State Conference, Mr. Ryan had no trouble reaching her for her reaction and assistance in asking the ADC employees to remain calm.  Employees need to simply report to duty as usual.  Wallace has been in constant contact with Executive Director Jim Mann of the FOP/ALC as the budget issues have unfolded.

 
Go to http://www.azfop.com/ for a statement from Jim Mann.

We understand the extreme budget shortfalls and appreciate the intense and exhausting work the legislators and the Governor have expended on trying to balance the State budget, however, we hope that any budget shortfalls are not balanced at the expense of ADC and public safety.

FOP Labor Services received the following statement from Director Melissa Wallace:

All day I have been tracking the activity at the State legislature. As the FOP
ADC Labor Council Director, I received a call from Mr. Ryan this evening, with his words of re-affirmation and stead fast focus; “we will run at 100%, ADC will be working at full operation.”
 
Yes, he has contingency plans and is in ongoing communications with the Governors Office however, for you and me it is work as usual keeping the public safe, upholding the laws of the State of Arizona.  I am strong in my opinion and my position is to not get caught up in rumors or, repeat words with no validation.  Should you have questions, any questions please contact me through http://www.fopadclaborcouncil.com/ or at http://www.azfop44.com/ and I will respond in support of our mission with ADC.
 
I have always loved the saying “When the going gets tough, the tough get going”!  We at the Arizona Department of Corrections live up to that mantra on a regular basis without hesitation, without blinking an eye, we are the professionals.  I am sure that the public will never completely understand our work environment or the job that has to be fulfilled, no matter what the situation, to keep them safe.  I know Mr. Ryan is out there fighting for us in all its complexities during this budget impasse and there are many facets we will never understand.  I encourage all ADC staff, members of the FOP or any organization with affiliation at the Arizona Department of Corrections to continue your support of Mr. Ryan. 
  
We the FOP and FOP ADC Labor Council say THANK-YOU to all of our Brothers and Sisters at Tucson Complex during these very difficult times, keep up the hard work.

Vice-Chairman Corey Kuykendall of the FOP ADC Labor Council submitted the following:

06/30/2009 at 7:30pm.
First, I have been very busy with the Tucson Tactical Team.  I appreciate my leadership on the team and am glad to have such a fine group of people mentoring and leading us.  I also appreciate all of my fellow Officers that put the courageous foot forward to come to work under such stressful and dangerous situations. I was glad to meet fellow brothers and sisters of the FOP from other complexes that came down to support Tucson.

I am sorry that I have not answered all of your questions individually due to the situation at work.  The number one question I will answer though.

Answer:  Director Charles Ryan contacted us today to discuss the budget for the Arizona Department of Corrections.  He assured FOP that in the event that no budget is signed by Governor Brewer or one fails to be presented by legislation, we as a department will continue to operate at 100%.  There will be NO 50% furloughs at this time.  Direct Ryan said that he will keep us advised of the situation as it develops.  Legislators will be at work until mid-night to work on the bill.

Brother Jim Mann and the FOP have worked hard to fight for our benefits, pay, and jobs with this years 3 Billion dollar short fall in the budget.  It is an almost impossible task for a department head and an employee organization to win out over a 3 billion dollar deficit.  I am glad that Director Ryan has lead the fight for our jobs and supports our efforts at legislation.

 
We will keep you informed of the results.

Corey Kuykendall
FOP ADC Labor Council Vice Chair Person

Lodge 44 Provides Training for ADC Members

FOP Lodge 44 for Corrections in conjunction with the FOP ADC Labor Council was proud to provide “Basic Representation, Discipline and Grievance” as a block of training just last month. 

This training was provided to Complex and Unit Representatives as well as interested members from Security and Parole to establish a consistent professional format for responding to discipline issued with a grievance for employees in ADC.

This block of training covered the laws and legal opinions on which the foundation of due process is established.  It provided a review of grievance training provided by the Arizona Labor Council and some aspects of the National training block on union representation.

After a lecture and work book session, each participant reviewed the materials provided which included 
• A CD for transfer of forms and ADC Department Orders and Directors Instructions to the members own personal computers
• ‘Hard copies’ of ADC and Lodge 44 forms
• Recruitment materials
• Pertinent Department Orders and Directors Instructions for quick review ‘on the job’
• Sample successfully completed grievances
• FOP pens, highlighters and note pads

Grievance formats, appropriate language and the reasoning behind the approach were all part of the training block; formalized ‘end statements’ and the structure of the actual grievance were discussed at length.

Actual grievances successfully completed were reviewed and had time permitted, the participants would have broken into groups and conducted actual grievances.  Lunch was prepared by Lodge 2 and provided to participants by Lodge 44.

The training lasted approximately five (5) hours including a lunch break and was provided at no cost to those FOP ADC Labor Council members that signed up in advance. 

For many members, budgets are ‘stretched’ to the limit and we know that it is difficult to do more than just spend a few dollars on raffles supporting our ‘Members Helping Members’ and other charitable commitments. 

This training will be scheduled to be provided again at no cost for late August or September. 

An advanced block of training in “Investigations, Discipline and Grievance” is currently being developed.  This training will cover AIU and internal investigations, the representation thereof and an in depth discipline grievance block.  

Members that want to help their fellow member Officers and employees, desire to see ADC function better for its employees or just find a way to ‘give back’ will find representation a no cost way to ‘give back’ just a little.  Great personal satisfaction and professional advancement can be found in the interaction with the ADC Administration and assisting employees to the successful resolution of grievance issues.

Join our team of representatives and help FOP, your Labor Council and ADC all at the same time.

FOP Backs Sotomayor for Supreme Court; Says Jurist Will Decide Cases on the Facts

Chuck Canterbury, National President of the Fraternal Order of Police, announced today that the FOP, the nation’s oldest and largest law enforcement labor organization, supports the nomination of Judge Sonia M. Sotomayor to the Supreme Court of the United States.

“Judge Sotomayor began her legal career as a prosecutor in the District of Manhattan where she tried many criminal cases, including a prominent role in convicting the ‘Tarzan murderer,’” Canterbury said.  “It says a lot about a young lawyer coming out of Yale with a record like hers that she would sign up with the District Attorney’s office at a time when crime in our urban centers was increasing at a terrible rate.”

Judge Sotomayor spent five years in the District Attorney’s office, followed by several years in private practice.  In 1992, she was nominated to the U.S. District Court for the Southern District of New York by President George H.W. Bush, and was unanimously approved by the Committee on the Judiciary and then unanimously confirmed by the U.S. Senate, making her the youngest judge in the district.  In 1998, she was named to the U.S. Court of Appeals for the Second Circuit, one of the most demanding circuits in the country, by President William J. Clinton.  As an appellate judge, she has participated in over 3,000 panel decisions and authored roughly 400 opinions, handling difficult issues of constitutional law, complex procedural matters, and lawsuits involving complicated business organizations.  

“Over the course of her career, she has demonstrated herself to be a sharp and fact-driven jurist, analyzing each case on its merits and weighing the facts before rendering any decision,” Canterbury said.  “Having reviewed numerous rulings she’s made which touched on law enforcement officers, I can say this is a judge in whom any beat cop could have confidence.”

Canterbury cited the judge’s rulings in United States v. Santa, , and United States v. Clarke, as decisions in which Judge Sotomayor “made the right call” in weighing the facts of the case and the good faith actions of the investigating law enforcement officers to admit evidence at trial and uphold convictions.

“Our National Executive Board considered these cases, as well as others, and the decision to support Judge Sotomayor was unanimous,” Canterbury said.  “From the standpoint of the officer as a government employee and as a cop on the street, I think we can have a lot of confidence in her judgement.  We will be working hard to support her nomination.”

FOP and eBay Strike deal on sale of FOP items

Chuck Canterbury, National President of the Fraternal Order of Police, announced today that eBay, Inc. has finally agreed to prohibit the sale of certain items bearing the FOP insignia.

“Obviously, I am very pleased that were able to work with eBay officials to change company policy with respect to the sale of the FOP’s items,” Canterbury said.  “Once they understood and recognized the dangers officers might face if they were deceived by an FOP badge or member identifier, they acted swiftly and in good faith to make the changes we requested.”

The FOP adopted a resolution at its 58th National Biennial Conference in Louisville, Kentucky, calling for eBay to halt sales of items bearing the FOP insignia and other police identifiers.  In its initial contact with eBay, the FOP pointed out the public safety risks of allowing non-law enforcement personnel to access such items, but the company allowed the sales to continue.  Further dialogue with the online vendor led to a more productive engagement, culminating in an official change of policy which became effective on Friday, 5 June.

“I am very pleased with both the outcome and with eBay’s willingness to work directly with us,” Canterbury said.  “They really came through and demonstrated that they are a reliable and responsible corporate citizen.”