Bill Gives Public Workers Clout
Measure Forcing States to Grant Collective-Bargaining Rights Nears Vote in Senate
By KRIS MAHER  The Wall Street Journal

The Senate is moving closer to passing legislation that would require states to grant public-safety employees, including police, firefighters and emergency medical workers, the right to collectively bargain over hours and wages.

The bill, known as the Public Safety Employer-Employee Cooperation Act, would mainly affect about 20 states that don't grant collective-bargaining rights statewide for public-safety workers or that prohibit such bargaining. State and municipal associations, as well as business groups, oppose it, saying it will lead to higher labor costs and taxes, at a time of budget deficits.

The bill, backed by at least six Republicans in the Senate, prohibits strikes and leaves to states' discretion whether to engage in collective bargaining in several areas, including health benefits and pensions.

If the legislation passes and states choose not to grant the minimum collective-bargaining rights outlined in the bill, the Federal Labor Relations Authority, which oversees labor-management relations for federal employees, would step in and implement collective-bargaining rights for these workers.

The House passed a version of the bill in 2007. If enacted, the legislation would be a significant victory for unions, which are smarting over the failure of Democrats to pass a separate, broader bill that would have made it easier for unions to organize workers, especially in the private sector, where union membership has been in decline for years.

The public-safety bargaining bill was first introduced in the mid-1990s. Union officials say they now have their best shot to pass it, but that time could run out if Democrats don't act soon and go on to lose several Senate seats in November

More public-sector workers belonged to a union than private-sector workers last year for the first time ever. The Senate bill was originally introduced in the current Congress by Sen. Judd Gregg (R., N.H.) and the late Sen. Edward Kennedy (D., Mass). In May, Senate Majority Leader Harry Reid (D., Nev.) tried to attach the bill to a $59 billion supplemental disaster-relief and war-spending bill that ultimately passed.

Jim Manley, a spokesman for Mr. Reid, said that effort failed because of procedural reasons. "It's a possibility…in the next couple of weeks," it could advance as a freestanding bill or an amendment to another bill, he said.
 
If the bill becomes law, state and municipal associations expect legal challenges, saying the legislation might violate states' constitutional rights.
"If states and localities have chosen not to go in the direction of collective bargaining, that should be their right to do so," said Neil Bomberg, a lobbyist for the National League of Cities. Currently, 15 states don't grant collective-bargaining rights to public-safety workers on a statewide basis, two states, Virginia and North Carolina, prohibit such workers from bargaining, and four states allow collective bargaining for firefighters but not for police.

Mr. Bomberg said the National League of Cities is "neutral" on collective bargaining, but that the bill would be "a huge problem" for cash-strapped municipalities to hire staff or contract with collective-bargaining experts to negotiate with unions.

Police and firefighter unions are the biggest advocates of the legislation. "A year after this law passes most of these executives who are fighting it won't be able to remember what they were scared of," said Jim Pasco, executive director of the 325,000-member National Fraternal Order of Police. He said unions wouldn't be able to negotiate wages and benefits that governments couldn't afford.

Harold Schaitberger, president of the International Association of Fire Fighters, said certain cities allow firefighters to bargain collectively through local ordinances in states like Tennessee that don't guarantee bargaining rights statewide. "When you actually peel back the onion on this bill it's really not all that frightening," he said. Mr. Schaitberger said the bill would enable about 80,000 of the union's 300,000 members to bargain contracts with public employers for the first time.

Keith Cheatham, vice president of government affairs for the Virginia Chamber of Commerce, said businesses feared the bill could increase taxes. "State and local governments in Virginia don't want it, and the business sector in Virginia doesn't want it," he said.

Republican Sen. Mike Johanns of Nebraska called the bill "reasonable." "For several years now, we've seen the benefit of a similar policy in Nebraska which prevents public employees from going on strike while helping to establish reasonable compensation ranges."

The other Republican co-sponsors in the Senate are Scott Brown of Massachusetts, Susan Collins and Olympia Snowe of Maine, and Lisa Murkowski of Alaska

US House of Representatives Passes
Collective Bargaining Bill
 
 
The United States House of Representatives has passed the Public Safety Employer-Employee Safety Act. By a vote of 239-182 The House included HR 413 in the supplemental appropriations act.
 
The Bill now proceeds to the Senate who will take it up after the July 4th recess. It is vital that FOP Lodges around this country make contact with your Senators and tell them we need for their votes.
 
Many of our Brothers and Sisters enjoy the right to bargain with their employers but as you know many do not have this basic right that has been afforded to the private sector for the past 75 years. It is time for the Congress to pass this Bill and allow Police Officers to have the same rights as every other American.
 
It is imperative that we keep up the pressure on our Members of Congress and I especially want to thank the House Leadership for their efforts in moving this bill. House Majority Leader Steny Hoyer has been a stalwart for law enforcement and firefighters for many years and he along with Speaker Pelosi have kept their commitment to us in moving this bill.
 
Leader Hoyer has always supported our efforts and he has shown true leadership in seeing that this bill has moved in a Congress that has been bogged down all session.
 
Now is the time for all FOP members to be heard. We must make contact and we must let our Senators know that this bill will only enhance our ability to perform and will not as our opponents say turn over the police departments to the “Big Labor Leaders”.
 
The scare tactics of the National Right to Work Foundation and other groups must be countered with facts.
 
1. This Bill prohibits Strikes and concerted work actions.
2. The Bill calls for states to pass their own laws.
3. It provides a method of resolving differences in the bargaining process.
 
I urge all State Presidents and Trustees to make sure we get the word out to our members to make those calls today.

Senator McCain:
telephone: (602)952-2410
via internet:
http://mccain.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm
 
 
Senator Kyl:
telephone: (602)840-1891
via internet:
http://kyl.senate.gov/contact.cfm

Chuck Canterbury

New President for the Arizona Fraternal Order of Police

It has been an honor and privilege to serve as your State President for the last 7 years.   I have great pride in the knowledge that I have helped move the Arizona State Lodge forward over the last 12 years to become the premier law enforcement union in our state.  Timing is everything. With the upcoming elections, changes in my professional life, along with having a vice president who is ready, willing, and extremely capable, it is time for me to step aside and allow brother John Ortolano to take over as president.  Brother Ortolano will be able to take our State Lodge from where I will leave it today and move it forward into the future.  Brother Ortolano has my full support and I will be there for any needs he or the Arizona State Lodge needs of me.

 
I would like to thank all of the members of the Arizona Fraternal Order of Police for their support and encouragement over the last 12 years of serving on the State Board, the last 7 as your president.  I would like to also thank all of the members who served on the State Board with me and gave me the help and guidance to continually move our lodge forward.  Also to my local lodge who has always supported me throughout my F.O.P. career.  They truly made me the leader I am today, along with my lovely wife Nita, who has been my pillar of support throughout my career.  As anyone who has ever gotten involved in taking on an F.O.P. leadership role can testify, it is all encompassing and you need the support of your family and spouse, who have always been there for me.

 
Thank you for letting me serve as your president, but rest assured I am leaving the Arizona State Lodge Fraternal Order of Police Presidency in great hands.  President Ortolano will continue to make the Arizona F.O.P. the leaders in law enforcement labor, legislative, and fraternalism in our state as well as across the country.

Fraternally,  
Bryan G. Soller
Immediate Past President

Member Notice

There will be no member meeting for June, 2010. 
The FOP State Conference falls on the same date as our member meeting.

The FOP State Conference and the ALC Conference will be held in Prescott, AZ, starting with pre-conference meetings on Saturday, June 26 and continuing through Wednesday, June 30.

This year we were allotted ten (10) delegates to the FOP State Conference and twenty six (26) to the Arizona Labor Council.  We will send a total of eight (8) delegates and the State Trustee from Lodge 44 to both conferences.  We will nominate a member to the ALC Executive Board in support of corrections issues.  Although we have had excellent representation in corrections from both the law firm and the lobbying firm and previously had an ADC member on the  ALC Executive Board in the at-large position, we would like to have another member on the board.

All issues to be brought forward at the conferences must be submitted to local representatives or to Labor Services prior to June 26, 2010.

Meals For Officer Travis Murphy Benefit

Held at
F.O.P. Lodge 2
12851 North 19th Ave.
602-993-0230 Between Cactus and Thunderbird on 19th Ave.

There will be three meals (breakfast, lunch and dinner) served at Phoenix Lodge #2, 12851 N 19th Ave on Friday June 25th. All proceeds will go to his family.

6 A.M.- 9 A.M.
Breakfast $5.00
Pancakes
Eggs (Scrambled)
Hash Browns
Bacon
Sausage
Drinks
All You Can Eat

11 A.M. – 2 P.M.
Lunch $10.00
Hamburger/Cheese or bacon burger
Grilled chicken breast
Hot Dog or Chili Dog
Corn Dogs
Chicken tenders
F/fries
Chips
Drinks

5 P.M. – 9 P.M.
Dinner $15.00
Spaghetti w/Home made meat sauce
Salad
Garlic Bread
Dessert
Drinks
All You Can Eat

Raffle Prizes-Music- 50/50 Raffle- Raffle tickets are 1 for a $1 or 6 for $5

Sponsored by officers of the Phoenix Police Department and FOP Lodge

Lodge 44 Provides Training for ADC Members

FOP Lodge 44 for Corrections in conjunction with the FOP ADC Labor Council is proud to provide “Basic Representation, Discipline and Grievance” as a block of training.  The next training block will be provided on Saturday, June 26, 2010.  All interested members should respond by e-mail or phone to confirm their participation.  The start time is 1000 hours (10 am), so that those traveling will not have to start too early. The location will be in central Phoenix, at the Embassy Suites, 2333 E. Thomas Rd., on Thomas Road just west of 24th Street.

The training will be approximately five (5) hours including a lunch break and will be provided at no cost to those FOP ADC Labor Council members that signed up in advance. This training is provided to members that desire to be 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 covers the laws and legal opinions on which the foundation of due process is established.  It provides 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 will review the materials provided in their training binder which will include: 
• 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 will all be part of the training block; formalized ‘end statements’ and the structure of the actual grievance will be discussed at length.

Actual grievances successfully completed will be reviewed and time permitting, the participants will have broken into groups and conducted actual grievances.  Lunch per dium (approximately $6.00) will be provided to participants by Lodge 44.  Mileage may be extended to current Representatives.

An advanced block of training in “Investigations, Discipline and Grievance” has been 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.

Current Representatives who have not taken the structured course are encouraged to attend.  Join our team of representatives and help FOP, your Labor Council and ADC all at the same time.
 
Stephen R. Vandegrift,
Labor Services, FOP ADC Labor Council
Secretary/Treasurer, Lodge 44

contact 602-677-7822

Once again, 100% Fraternal Order of Police Success at the Legislature!!!

We appreciate the hard work and professionalism of our FOP legislative committee and our lobbyists; Don Isaacson and Norm Moore. Working together, we have achieved complete success on our 2010 FOP legislative agenda.  To underscore the FOP’s success, it’s important to note that only a single “no” vote was recorded as our bills moved through the Senate and House. The Governor signed our bills and they will become law on July 29, 2010.

As a result of the FOP’s efforts, the due process rights of law enforcement officers in Arizona have been improved.  In addition, the CORP Reverse DROP program has been extended and the ability to purchase previous service time has been expanded.

As usual, the legislature and the governor have been very supportive of our FOP bills.  In lobbying our bills, we also gained the support of the Arizona Chiefs of Police Association, the Maricopa County Sheriff’s Office and many others who signed on in favor of our bills.

Norm Moore, who was the Chief Clerk for the House of Representatives from 1992 to 2009, joined Don Isaacson's law firm and now helps represents the FOP at the legislature.  Of special significance, in the late hours of the legislative session, the legislature honored Norm by passing House Concurrent Resolution 2071, giving him the honorary title of "Chief Clerk Emeritus."
 
The FOP is privileged to have Norm Moore on our legislative team.
This is just a brief update of our FOP legislation.  Many other bills were passed this session and I will provide more information to you about those bills over the next few days.

FOP Bill: SB-1325  polygraph examinations; interviews; law enforcement
As background, ARS 38-1101 is the law that provides due process rights for law enforcement officers during administrative investigations. The FOP has been making improvements to this law for many years.  This year, SB1325, sponsored by Senator Linda Gray, made several important changes to our law enforcement due process rights. 
Provisions
• States that statutory guidelines apply to employer interviews of law enforcement officers or probation officers if the law enforcement officer or probation officer reasonably believes the investigation could result in a dismissal, demotion or suspension.  Previously, only the agency could invoke the provisions of ARS 38-1101.
• Specifies that if a representative from the same agency of the law enforcement officer is not reasonably available to be present during the interview, with the employer’s permission, the representative may be from the law enforcement officer’s professional membership organization. 
• Specifies that the written notice informing the law enforcement officer or probation officer of the specific nature of the investigation contain the following:
o Alleged facts that are the basis of the investigation.
o Copies of all complaints that are reasonably available which contain the alleged facts, except for copies of complaints that involve matters pursuant to federal laws under the jurisdiction of the Equal Employment Opportunity Commission.
• Specifies that all data and reports from a polygraph examination of a law enforcement officer or probation officer are confidential and may only be used for the purposes of employment, certification or reactivation of certification or the administrative matter for which a polygraph was administered, including other ancillary matters. 
• Requires the data and reports from a polygraph examination of a law enforcement officer or probation officer be destroyed, as soon as practicable, three years after the date of appointment or employment but not more than 90 days after that date, except for a pre-employment polygraph in which an applicant was not hired or in the case of an active investigation or an appeal.
• Modifies the definition of disciplinary action to mean the dismissal, demotion or suspension for more than 16 hours (reduced from 24 hours) of a law enforcement officer or probation officer that is authorized by statute, charter or ordinance and that is subject to a hearing or other procedure by a local merit board, a civil service board, an administrative law judge or a hearing officer.

FOP Bill – SB1124; CORP; reverse DROP; extension
In 2006, the FOP requested that a DROP program be implemented for Corrections and Detention Officers.  The legislature approved a reverse DROP program; however, the law also included a sunset date of June 30, 2011.  This year, we asked the Legislature and the Governor to extend the CORP reverse DROP program to June 30, 2016.  Senator Al Melvin, who is a strong supporter of Corrections employees, sponsored the bill.
Provisions
• Extends the date of the reverse deferred retirement option plan (DROP) offered to members of the correction officer retirement plan (CORP) until June 30, 2016.
• Additional Provisions
The Department of Corrections approached us later in the session and requested permission to add an amendment to our bill which would, for one year, allow the CORP local board to designate positions that would be eligible for participation in the Corrections Officer Retirement Program.  As session law, this provision will permit the Department of Corrections and Juvenile Department of Corrections to fill non-designated positions with CORP employees if the employee is currently employed in a specified designated position and has at least five years of credited service under the plan.

FOP Amendment to HB2067 PSPRS; omnibus
During the session, we received information from members of Lodge 77 in San Luis and Lodge 28 in Sierra Vista describing an unfair situation created by specific language in the statutes governing buying back prior service for time spent working at another agency in Arizona, if that agency did not participate in PSPRS.  Basically, a few members were unable to redeem the time they spent working for an agency in Arizona while other officers were able to buy back prior service for time spent working for out-of-state agencies.
Amendment Provision
• Expands the redemption of prior service to include services to political subdivision of Arizona.

Jim Mann, Executive Director
Fraternal Order of Police
Arizona Labor Council

 Prison Privatization on 'Hold'

We were right from the beginning… The turmoil over privatization ended exactly like we thought it would.  The repeal was included in the budget HB/SB2006, seventh special session, because it just wasn’t feasible.

Jim Mann, Executive Director
Fraternal Order of Police
Arizona Labor Council

Safford Prison will not be privatized
By Diane Saunders
Staff Writer
Published on Thursday, April 15, 2010 10:08 AM MST

 
The Arizona State Prison-Safford will not be taken over by a private company because Arizona's Prison Concession Agreement law was repealed.

This law allowed the privatization of Arizona prisons that do not house maximum-security or close custody inmates. This meant only the Safford prison, which includes the Fort Grant Unit, and the Arizona State Prison-Douglas were considered for privatization, according to a letter to Arizona Department of Corrections employees from Charles Ryan, director of the ADOC.

The ADOC issued a request for information Feb. 1 to determine if any private companies were interested in taking over one or both of the prisons.
 
"Based upon the responses to the RFI, ADC concluded that privatization was not feasible," Ryan said in his letter.
 
The law was recently repealed, however, by the Arizona Legislature. The repeal was signed into law March 18 by Gov. Jan Brewer. The repeal becomes effective June 15, Ryan's letter states.
 
"Had the law not been repealed (ADOC) would have advocated against moving forward with the request for proposal process," Ryan said in his letter.

Many members and state employees in general have questions about the recently passed budget, including salary reductions and furlough days.

The following was copied from: http://www.hr.state.az.us/HR_Professional/HRP_PQA_Statewide_Furlough.asp

We hope ADOA has answered most of your questions.  The FOP ADC Labor Council looks forward to a ‘meet and confer’ with Director Ryan for clarification as we move forward.  Some question about the status of Corrections Officers as 24/7 positions and the Department’s possible alternative methods of reducing equitably to meet the State’s needs remain.

STATE OF ARIZONA
MANDATORY FURLOUGH PROGRAM
QUESTIONS & ANSWERS

Agencies are strongly encouraged to contact the Arizona Department of Administration
(ADOA) Human Resources Division at 602-542-7290 to discuss any questions they may
have regarding the mandatory furlough program.
GENERAL
1. What is a furlough?
A furlough is time off without pay. A furlough does not involve a change in employment
status. A furlough day equals 8 hours for full-time employees and is pro-rated for parttime
employees.
2. What authority does the State have to implement mandatory furloughs?
HB2003 of the Seventh Special Session requires mandatory furloughs for both covered
and uncovered employees.
3. What agencies are required to participate in the mandatory furlough program?
All state agencies, boards and commissions are required to participate in the mandatory
furlough program, except those specifically exempted by the legislation and agency
functions or services exempted by the Department of Administration.
4. Does the mandatory furlough program only affect General Fund positions?
No. Positions and programs are affected equally, regardless of funding source.
5. Are employees of the offices of elected officers impacted by the furloughs?
Yes, but not in the same way. The appropriations to the offices of elected officers will be
reduced by an amount equivalent to a 2.3% reduction (mandatory furlough). The elected
officials will determine how the reduction will be applied, including using vacancy
savings, salary reductions and furloughs.
6. How long will the furlough last?
The mandatory furlough program is currently scheduled through FY2012.
7. When should agencies notify affected employees about the furlough days?
Agencies should communicate with employees as soon as details are known.
8. Can employees grieve the furlough schedule?
No. The mandatory furlough program is not grievable or appealable.
Furlough Q & A – March 22, 2010 Page 3 of 12
STATE DESIGNATED FURLOUGH DAYS
9. How many days will employees be placed on leave without pay (LWOP) due to this
mandatory furlough program?
The number of furlough days required by the mandatory furlough program is six furlough
days in FY2011 and six furlough days in FY2012.
10. What are the state designated furlough days?
The state designated furlough days are:
FY2011 FY2012
July 23, 2010 July 22, 2011
August 20, 2010 August 19, 2011
September 17, 2010 September 16, 2011
November 26, 2010 November 25, 2011
December 23, 2010 December 23, 2011
June 10, 2011 June 15, 2012
11. Why does HB2003 indicate that employees will be furloughed one day in FY2010 yet the
response to Question #9 indicates that there are no required furlough days in FY2010?
Due to the effective date of HB2003, mandatory furloughs for employees will not begin
until FY2011. It is important to note that although employees will not be mandated under
this legislation to take one furlough day in FY2010, agency budgets will be reduced. The
agency budget reduction represents an amount equivalent to one furlough day in FY2010.
12. Since an agency’s budget will be reduced in FY2010 as noted above, what options does
an agency have to accommodate the reduction with very little time remaining in the
fiscal year?
An agency will need to determine how it can accommodate these budget reductions,
including using vacancy savings, furloughs or non-personnel related cuts. If an agency is
considering an agency directed furlough as an option for FY2010, the agency must obtain
approval from ADOA prior to implementation. Please note that in order to realize savings
in FY2010, any agency directed furloughs must occur on or before June 11, 2010.
Program requirements can be found on the ADOA Human Resources website at
www.hr.az.gov/HR_Professional or by calling 602-542-7290.
13. Can an office close on the state designated furlough days?
Yes. Agencies should communicate any scheduled office closures to their customers,
suppliers and stakeholders. ADOA will provide templates and guidance for
communicating office closures to the public.
14. If employees are hired after some or all of the state designated furlough days have
passed, will the employees still be subject to the mandatory furloughs?
Employees subject to the mandatory furlough program will be required to participate in
any remaining state designated furlough days that occur after their hire date.
Furlough Q & A – March 22, 2010 Page 4 of 12
15. What can an agency do if an employee is scheduled to attend a conference, training or
similar event on a state designated furlough day?
If an employee is scheduled for an event that conflicts with the state designated furlough
day and the agency is unable to reschedule it, the agency must contact ADOA to request
approval to schedule an alternate furlough day for the affected employee(s).
16. Does an agency need to notify ADOA if it is going to participate in the mandatory
furlough program and all of the employees within the agency will be furloughed on the
state designated furlough days?
No, if an agency does not submit a request for exemption from the mandatory furlough
program, or request a pay reduction in lieu of the mandatory furlough program, or request
alternate furlough days, it is understood that all employees within the agency will be
furloughed on the state designated furlough days.
EXEMPTIONS
17. Are there any exceptions or exemptions to the mandatory furlough program?
All state agencies, boards and commissions are required to participate in the mandatory
furlough program, except those specifically exempted by the legislation and agency
functions or services exempted by the Department of Administration. Agency directors
may request ADOA to approve alternate furlough days instead of the state designated
furlough days, to approve a pay reduction program in lieu of state designated furlough
days, or to approve an exemption from the mandatory furlough program for specific
employees considered absolutely essential for the proper performance and oversight of
essential functions or services under certain circumstances.
18. How will ADOA develop a list of governmental unit functions or services that will be
exempt from the mandatory furlough program?
If an agency believes it has a function(s) or service(s) requiring continuous operations
throughout the entire week or workweek that would be significantly and negatively
affected by the implementation of a mandatory furlough program, the agency shall
submit the “Request for Furlough Exemption” form to the ADOA Human Resources
Division no later than April 2, 2010 for review and consideration for exemption. The
request should be submitted electronically to humanresources@azdoa.gov. Agencies
shall consider the option of implementing an alternate furlough plan prior to requesting
approval of an exemption from the furlough program (refer to Questions 21 – 26).
The Human Resources Division will only review exemption requests in which a
mandatory furlough program would negatively impact the operations due to 1) the critical
nature of the services delivered, such as direct public safety activities, direct care of
patients, residents, inmates, detainees or other similar service populations, or 2) other
compelling demands for a unit’s functions or service. In addition, only those employees
considered absolutely essential for the proper performance and oversight of the functions
or services will be considered.
The Human Resources Division will compile a final list of services including job
classifications and employees that will be exempt from the mandatory furlough program.
Furlough Q & A – March 22, 2010 Page 5 of 12
19. If an agency received approval for some of its functions or services to be exempt from
the mandatory furlough program, when the agency hires new employees to perform or
oversee those functions or services, does the agency need to obtain approval from
ADOA to exempt each new employee from the mandatory furlough program?
This process is currently under review. Additional details will be forthcoming.
20. If an agency received approval for some of its functions or services to be exempt from
the mandatory furlough program, when an employee who performs or oversees those
functions or services separates from the agency or transfers to another function within
the agency, does the agency need to notify ADOA?
This process is currently under review. Additional details will be forthcoming.
ALTERNATE FURLOUGH DAYS
21. What if some or all of the employees in an agency that is not exempt from the
mandatory furlough program cannot participate in the state designated furlough days?
The intent of having the same furlough day for all state agencies is to maximize utility
savings and minimize customer inconvenience. If an agency cannot close its offices on
the state designated furlough days published by ADOA without imposing a substantial
hardship on or adversely impacting the health or safety of the citizens of the State, or
because doing so would substantially impact the ability of the office to meet its legal
obligations, the agency shall submit an alternative furlough plan using the “Request for
Alternate Furlough Days” form to the ADOA Human Resources Division no later than
April 16, 2010 for review and approval. The request should be submitted electronically to
humanresources@azdoa.gov.
The agency will be required to provide an alternate furlough plan that requires employees
to take six furlough days in FY2011 and six days in FY2012.
22. What if an agency is able to close its offices on four or five of the state designated
furlough days, but needs to request alternate furlough days for the remaining
mandatory furlough days?
Please contact the ADOA Human Resources Division at 542-7290.
23. If an agency has received approval from ADOA to have some or all of its employees
participate in alternate furlough days, does an agency have the discretion in scheduling
alternate furlough days for its employees?
Yes. However, agencies shall consider the intent of the legislature that employees take no
more than one furlough day a month, and agencies should make every effort to schedule
the alternate furlough day during the same pay period or month as the state designated
furlough day.
24. Can employees schedule an alternate furlough day on a recognized paid holiday?
No. Employees may not schedule a furlough on the same day as a paid holiday.
Furlough Q & A – March 22, 2010 Page 6 of 12
25. Can employees that are participating in an alternate furlough day schedule their
furlough days consecutively?
It is the intent of the legislature that employees take no more than one furlough day a
month.
26. If circumstances within an agency change and the agency is unable to close one or more
of its offices on the state designated furlough days, can an agency request approval
from ADOA to participate in an alternate furlough program?
If an agency cannot close its offices on the state designated furlough days published by
ADOA without imposing a substantial hardship on or adversely impacting the health or
safety of the citizens of the State, or because doing so would substantially impact the
ability of the office to meet its legal obligations, the agency shall submit an alternative
furlough plan using the “Request for Alternate Furlough Days” form to the ADOA
Human Resources Division for review and approval. The request should be submitted
electronically to humanresources@azdoa.gov.
PAY REDUCTION IN LIEU OF FURLOUGH
27. What is a pay reduction program in lieu of mandatory furlough program?
If an agency decides to reduce employee pay by an amount, which when totaled, equals
the savings generated by the state designated furlough days instead of participating in the
mandatory furlough program, the agency shall submit a pay reduction plan using the
“Request for Pay Reduction” form to the ADOA Human Resources Division by April 16,
2010 for review and approval. The request should be submitted electronically to
humanresources@azdoa.gov.
ADOA will only approve requests in which the agency establishes, to the satisfaction of
the ADOA Director, that the agency’s implementation of state designated furlough days
would not be in the best interests of the State and that an equivalent pay reduction
program is more appropriate.
AGENCY FURLOUGH PROGRAM
28. If an agency’s budget reductions require further reductions in personnel expenses, can
an agency schedule more furlough days than the days required under the mandatory
furlough program?
Yes, HB2003 states that the furlough days required under the mandatory furlough
program are in addition to any other furlough program implemented by the agency.
29. What authority does an agency have to implement additional furlough days beyond the
state designated furlough days published by ADOA?
ADOA implemented a program to allow agencies to schedule employee furloughs. This
program is authorized by Laws 2009, Third Special Session, Chapter 7 and HB2003 of
the Seventh Special Session.
Furlough Q & A – March 22, 2010 Page 7 of 12
30. Does an agency need approval to implement additional furlough days?
Yes, an agency must obtain approval from ADOA of its agency designated furlough days
before implementation. Program requirements can be found on the ADOA Human
Resources Division website at www.hr.az.gov/HR_Professional.
31. What are the parameters that an agency must follow when defining the scope of its
agency furlough program?
The parameters for administering furloughs for uncovered employees are at the discretion
of the agency director. For covered employees, an agency may conduct the furlough
agency-wide, by unit, geographic location, fund and/or classification or classification
series.
WORK SCHEDULES
32. When employees take a furlough day(s), will they be expected to make up the hours or
work additional hours during their regular work days?
No. When a furlough day is taken, employees cannot “add” hours to other days in that
work week.
33. If employees work a compressed work schedule (e.g. 9 days/80 hours) and the
mandatory furlough day occurs on the employees’ regular day off, can the regular day
off be considered the furlough day?
No, furlough days must be taken during regularly scheduled work days regardless of
work schedule. At the discretion of the agency and based on operational needs,
employees’ current compressed work schedules may need to be suspended and reverted
to a standard 5-day, 8-hour work week.
34. Why are employees required to take state designated furlough days instead of allowing
employees to pick their own days?
First, by designating days on a statewide basis, citizens will know and can predict what
days State services will or will not be available. Second, there are management issues that
arise during weeks in which employees are on mandatory furloughs, including additional
precautions that must be taken to ensure that the State remains in compliance with the
federal Fair Labor Standards Act (FLSA). Third, administering the furloughs will create
challenges for each agency, and those challenges are far more difficult to manage if all
employees choose their own furlough days. Fourth, there are some additional savings that
will be realized by shutting down state services entirely on a single day, where possible,
that would not be captured by having alternate furloughs throughout the state workforce.
35. Can an employee be expected to work for the State while on furlough?
No. To the contrary, an employee must not work for the State while on furlough.
36. Is a furloughed employee on call or on standby?
No, a furloughed employee is not considered to be on call or on standby. However, an
employee may be required by the agency to work on a state designated furlough day. In
such cases, an alternate furlough day must be scheduled.
Furlough Q & A – March 22, 2010 Page 8 of 12
CLASSIFICATION/COMPENSATION
37. While on furlough, can employees perform the duties of their State position elsewhere
(e.g. telecommuting)?
No. When an employee is furloughed, no state work is permitted. Work includes
checking email, voice mail and using any electronic devices to check status of open
items.
38. Can employees volunteer to work for the State while on furlough (or any other day)?
No, employees cannot volunteer in their current role without being paid.
39. Will FLSA-exempt employees lose their exemption for any workweek in which they are
furloughed for less than the full work week?
With some exceptions, FLSA-exempt employees will lose their exemption for any
workweek in which they are furloughed for less than the full work week. The loss of the
exemption applies only to that particular work week. During the furlough work week
only, employees are entitled to compensation for every hour worked, and for time and a
half for any hours worked over forty.
In addition, any exempt or non-exempt employee may not work or be on paid leave any
more than 32 hours in the week in which a mandatory furlough day occurs and pay is
reduced. During the furlough week, all employees (FLSA-exempt and non-exempt) must
be paid for each hour worked. Thus, if an employee works more than 32 hours during the
furlough week the anticipated personal services cost savings will be lost.
40. How should furloughed employees timesheets be completed?
The pay code of leave without pay (640) and the attendance code for state designated
mandatory furlough days (FM) should be used for each furlough day. Employees subject
to additional agency designated furlough days should use the attendance code “FR”.
41. Will a pay reduction in lieu of a state designated furlough day affect an employee’s base
pay?
During the pay period in which a state designated furlough day is scheduled, employees
participating in a pay reduction program will experience a reduction in their rate of pay
such that when totaled equal the savings generated by the furlough day.
42. Can an employee's pay be increased in order to offset the pay reduction in lieu of a state
designated furlough day?
No, an employee's pay may not be increased to offset the reduction.
Furlough Q & A – March 22, 2010 Page 9 of 12
43. How is the salary of a new employee determined as a result of any pay reduction?
The salary of a new employee is based on the employee's classification and grade. A new
employee’s salary must be within the salary range of the employee’s grade. If the
employee is hired by an agency that has received approval to implement pay reductions
in lieu of mandatory furloughs, the new employee would be subject to the same pay
reductions as other employees in the hiring agency.
LEAVE
44. What happens if employees request leave for a furlough day?
A furlough day is not a work day, so an employee may not take paid leave on a furlough
day, just as an employee cannot take paid leave on any other day the employee is not
scheduled to work. If an employee is on FMLA or military leave during a scheduled
furlough, the employee’s leave balance shall not be charged for the furlough day, nor
shall the furlough day count against the employee’s FMLA or military leave entitlement.
An agency shall change any paid leave, including military leave or Family Medical Leave
Act Leave, in progress to unpaid leave (leave without pay).
45. Will employees continue to receive leave accruals during a furlough?
Employees will continue to receive leave accruals if the employee is in pay status at least
one-half of the employee’s regularly scheduled hours in a pay period.
46. Can employees substitute paid leave (annual, sick, compensatory) for a period of
furlough?
No. Employees may not substitute paid leave for a period of furlough.
47. What impact will furloughs have if an employee is receiving donated leave?
Donated annual leave may continue, but may not substitute for an employee’s furlough
day.
48. If an employee is on paid administrative leave at the time of a scheduled mandatory
furlough day, should an agency place the employee on furlough on that day?
Yes.
49. Since a state designated furlough day may be before or after a holiday do employees
still receive holiday pay?
Yes.
Furlough Q & A – March 22, 2010 Page 10 of 12
UNEMPLOYMENT
50. Are employees eligible for unemployment compensation while participating in the
mandatory furlough program?
An employee on furlough may be eligible for unemployment compensation; however,
eligibility for unemployment compensation is determined by the Arizona Department of
Economic Security (DES). For Unemployment Insurance Benefits available on line,
please visit http://www.azui.com/. Employees may also contact the Unemployment Insurance
call center:
Phoenix area: (602) 364-2722
Tucson: (520) 791-2722
Tucson (toll-free): 1-877-600-2722
RETIREMENT
51. Will the mandatory furlough program impact employees’ retirement contributions and
payable benefits?
ASRS provided the following response regarding this question:
A member’s retirement in the Defined Benefit Plan is determined by a formula that takes
into account average annual salary, years of service, and a graded multiplier that
increases with years of service. Furloughs and salary reductions may impact the formula
because the highest 36 consecutive months of salary over the last 120 months are used in
the calculation.
Employees with retirement questions should contact the appropriate retirement system
directly. Both ASRS and PSPRS have issued information relating to the effects on
retirement benefits that may be caused by furloughs.
ARIZONA STATE RETIREMENT SYSTEM (ASRS)
3300 North Central Ave. 13th Floor
Phoenix, AZ 85012
Phoenix: (602) 240-2000
Tucson: (520) 628-5107
Outside Metro Phoenix & Tucson: (800) 621-3778
TDFD (Hearing Impaired): (602) 240-5333
Website: http://www.azasrs.gov/
PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM (PSPRS)
ELECTED OFFICIALS RETIREMENT PLAN (EORP)
CORRECTIONS OFFICERS RETIREMENT PLAN (CORP)
3010 E. Camelback Road #200
Phoenix, AZ 85016
In Phoenix: (602) 255-5575
Website: http://www.psprs.com/
Furlough Q & A – March 22, 2010 Page 11 of 12
52. May employees purchase the unpaid furlough days through the ASRS Service Purchase
Program?
ASRS provided the following response regarding this question:
Because contributions to the Plan are a percentage of compensation, and paid equally by
the employer and employee, there cannot be additional funds deposited into the Plan that
are not based on compensation actually paid. The ASRS structure and the reasons for this
are laid out in state statute, so we are unable to make exceptions, even in cases of
furloughs.
Employees with retirement questions should contact the appropriate retirement system
directly.
PAYROLL
53. What impact will the furlough days have if employees currently have child support or
spousal support pay deductions?
A furlough would not relieve the State from its obligation to deduct from pay any fixed
amounts ordered by a court. If the employee is not receiving enough pay to cover the
support deduction, the employee may still have an obligation to pay the deduction per the
terms of the court order.
54. What impact will the furlough days have if employees currently have creditor
garnishments or student loans being taken out of their pay?
Creditor garnishments and student loans are calculated as a percentage of disposable
income. If pay is reduced, the garnishment deduction will be less. This will lengthen the
repayment of the debt.
55. What impact will furloughs have if an employee currently has tax levies being deducted
from the employee’s pay?
Percentage levies are calculated as a percentage of disposable income. If pay is reduced,
the levy deduction will be reduced. This will lengthen the repayment of the debt.
56. If an employee donated annual leave, and then receives notification of the furlough, can
the employee revoke the donation?
Once an employee donates annual leave, the employee may not rescind the donation.
However, the Personnel Rules provide that unused leave shall be returned to contributors
on a pro-rata basis.
57. If an employee donated to SECC and has a payroll deduction for it, and then receives
notification of a furlough, can the employee stop the SECC deduction?
Yes. Employees may cancel their SECC contributions at any time by completing a GAO-
73 “Authorization to Start or Stop a Voluntary Deduction” found online at:
http://www.gao.az.gov/onlineforms and provide it to their agency payroll office.
Furlough Q & A – March 22, 2010 Page 12 of 12
58. If an employee is currently a member of a union, can the employee discontinue the
deduction of dues?
Yes, employees wishing to discontinue union dues deductions must complete a GAO-73
“Authorization to Start or Stop a Voluntary Deduction” found online at:
http://www.gao.az.gov/onlineforms and provide it to their agency payroll office.
BENEFITS
Employees with benefit-related questions should contact their agency's Human
Resources/Benefits Liaison, or the ADOA Benefit Services Division at (602) 542-5008 for
more specific information relating to the effects on benefits caused by furloughs.
59. What impact will the mandatory furlough program have on an employee's health,
dental and vision insurance?
There is no impact to an employee’s health, dental or vision insurance.
60. What impact will the mandatory furlough program have on an employee's life
insurance?
There is no impact to an employee’s life insurance.
61. What impact will the mandatory furlough program have on an employee's disability
insurance?
The calculation for disability benefits is calculated on bi-weekly earnings, so the
disability benefits may be reduced based earnings in the pay period at the time of
disability.
62. What impact will the mandatory furlough program have on an employee's flexible
spending accounts?
There is no impact to the employee’s flexible spending accounts (FSAs). The
contributions to the medical and dependent care FSAs remain the same. An employee can
elect to reduce the dependent care annual election if there is a change to daycare expenses
but no reduction in the annual medical election is permitted.
63. Does the mandatory furlough program enable an employee to make changes to the
employee's benefit elections due to a qualified life event?
This process is currently under review. Additional details will be forthcoming.

Coming Events
Scheduled Dates & Times

Monday, July 26, 2010

FOP Lodge 44 for Corrections
Regular Meeting
Lodge 2, 7pm

Monday, August 23, 2010

FOP Lodge 44 for Corrections
Regular Meeting
Lodge 2, 7pm

FOP Lodge #2, Located at:
12851 N. 19th Ave. Phoenix, Arizona

Contact Labor Services
602-677-7822

Check this calendar for updates!

Bothers and Sisters,

The FOP ADC Labor Council was formed to satisfy meet and confer policy and provide a collective bargaining unit for the ADC Corrections members of the FOP.  We know that true collective bargaining will someday soon be a reality with the passage of the FOP sponsored  ‘Public Safety Employer/Employee Cooperation Act’ working its way though Congress now.

The by-laws of the ADC Labor Council require open meetings and the yearly nomination of Executive Board members to represent its members.

2010 ADC Labor Council Executive Board:

Fraternal Order of Police
Arizona Department of Corrections
Labor Council

Director: Melissa Wallace, CO III
Email: spittinl@live.com Work: 928-289-9551 Ext4218 (Winslow)
Vice-Chair: Corey Kuykendall, Sgt.
Email: FOPvp-Lodge62@cox.net Cell: 520-576-8711 (Tucson)
Secretary: Linda Delles, Sgt.
Email: lymrith@q.com Cell: 602-206-7772 (Lewis)
Treasurer: Robert Calhoun, CO II
Email: ccalhoun8@cox.net Cell: 602-680-9105 (Perryville)
Labor Trustee: Leroy Potteiger, CO II
Email: lpotteiger@azcorrectins.gov hm 520-494-0285 (Florence)
Labor Trustee: Matthew Van Der Noord, CO II
Email: hm 623-332-2539 (Lewis)
Labor Trustee: Ferroll Givens, CO II
Email: ferrollgivens@gmail.com Cell: 480-246-4412 (Eyman)
Labor Trustee: Dennis Johnson, Sgt.
Email: desertcomptek@roadrunner.com (Yuma)
Labor Trustee: Stephanie Infante, CCO
Email: sinfante@azcorrections.gov hm 623-810-4133 (Community Corrections)
Labor Services: Stephen Vandegrift
Email: sectreas44@yahoo.com  Cell: 602-677-7822 (Phoenix-State wide)

Web Sites:
Lodge 44 for Corrections - www.azfop44.com
FOP ADC Labor Council - www.adclaborcouncil.com
FOP State Lodge – www.azfop.com
FOP Grand Lodge (National) – http://www.fop.net/

Law Firm - Yen, Pilch, Komadina & Flemming, P.C.
Call the YPKF office at
Toll free: 1-800-489-2585
Phone: 1-602-241-0474
E-Mail: komadina@ypklaw.com

FOP Top Priority Introduced in the Senate: Gregg and Kennedy Introduce FOP ' s Collective Bargaining Bill

FOP NEWS: Chuck Canterbury, National President of the Fraternal Order of Police, hailed the introduction of S. 1611 , the "Public Safety Employer-Employee Cooperation Act," and repeated his earlier claim that he was all but certain the bill would be enacted this Congress.

"This is not an assertion we make lightly, but we laid the groundwork for success last Congress," said Canterbury.  "President Obama was a strong supporter of the bill and, as a candidate, pledged that he would sign it into law."

The bill , introduced by Senators Judd Gregg (R-NH) and Edward M. Kennedy (D-MA), would recognize the right of public safety employees to form and join unions, and bargain collectively with their employers. Last Congress identical legislation passed the House in July 2007 on an overwhelming 314-97 vote.  Additionally, the legislation won a strong majority in the Senate during a procedural motion, though efforts to move the bill were ultimately stalled by parliamentary tactics.

 
The bill was introduced in the House earlier this year as H.R. 413 and currently has 133 cosponsors.

 
"Public safety employees--police officers and firefighters--are virtually the only class of workers left in the nation today who are denied the fundamental right to bargain collectively with their employers over wages, hours, and working conditions.  We're going to change that soon," Canterbury said.  "Together with our partners at the International Association of Fire Fighters, we will get this bill passed and signed into law before the end of this Congress."

The FOP has a proud tradition of doing the 'hard' work behind the scenes in the legislature that continues to improve the working conditions of public safety employees.  While other employee organizations are 'noisily' talking about making a difference, the FOP, year after year, quietly continues to prove their commitment to their members.
 
I have stated repeatedly that in the legislature is where we as Officers and employees will see true improvement in our working conditions.  Next years legislative agenda is already 'in the works' thanks to the hard work of Jim Mann and the ALC; working for a better future for us!

Stephen R. Vandegrift,
Labor Services, FOP ADC Labor Council
Secretary/Treasurer, Lodge 44

Updated!  F.O.P. Legislative News

F.O.P. Due Process Bill Signed by the Governor      7/15/2009

After months of work, the F.O.P.'s bill to improve the law enforcement due process statute has been signed by the Governor.

On July 1, 2009, the Arizona Legislature passed SB1062, the FOP’s Due Process bill.  The bill was signed by the Governor on July 13, 2009 and will become law on September 30th.
Of special note, the legislature passed our bill out of both the Senate and the House without a single member of the legislature voting against it.  You can watch the House video of the hearing here (move the slider to show the hearing at 1:39 into the hearing). As a side note, the video is interesting because it shows some of the political maneuvering present in the last days of the session.

SB1062 makes improvements in the law enforcement disciplinary process, specifically, in three areas:
(1.) Specifies that at the conclusion of an interview in which an employer reasonably believes could result in dismissal, demotion or suspension of the law enforcement officer, the officer is entitled to the following:
o  A period of time to consult with the officer’s representative.  
o A statement not to exceed five minutes, addressing specific facts or policies that are related to the interview.
(2.) Only allows an employer, except where a statute or ordinance makes the administrative evidentiary hearing the final administrative determination, to amend, modify, reject or reverse a decision made by a hearing officer, administrative law judge or appeals board after a hearing if the following occur:
• The officer and employer were equally allowed to call and examine witnesses, cross-examine witnesses, provide documentary evidence and otherwise fully participate in the hearing.
• The decision was arbitrary or without reasonable justification.
(3.) Prohibits an employer from including any information about an investigation in the portion of the personnel file of an officer that is available for public inspection and copying until one of the following occurs:
• The investigation is complete.
• The employer has discontinued the investigation.
• Specifies that if the officer has timely appealed a disciplinary action, the investigation is not complete until the conclusion of the appeal process.

History
A.R.S. Section 38-1101 outlines the rights of law enforcement officers regarding interviews the employer reasonably believes could result in dismissal, demotion or suspension.  Specifically, officers are allowed to request to have a representative present during the interview.  The officer must be permitted reasonable breaks of limited duration for telephonic or in person consultation with others who are immediately available.  Additionally, before the commencement of an interview, the employer must provide the officer with a written notice informing the officer of the following: 1) the specific nature of the investigation, 2) the officer’s status in the investigation and 3) all known allegations of misconduct.

A disciplinary action is the dismissal, demotion or suspension for more than 24 hours of an officer that is authorized by statute, charter or ordinance.  Disciplinary actions are subject to appeals hearings or other procedures by a local merit board, a civil service board, an administrative law judge (ALJ) or a hearing officer.  Employers may amend, modify, reject or reverse the decision of a hearing officer, ALJ or board, but the employer must state the reasons for the amendment, modification, rejection or reversal.

Jim Mann, Executive Director
Fraternal Order of Police

The FOP's 6.3% Pay Raise Success!!!

As a top legislative priority, the F.O.P. strongly supported substantial salary improvements for all State employees.

The F.O.P. asked the legislature to make significant improvements to all State worker pay and benefits in accordance with the Joint Legislative Study Committee on State Employee Compensation.

Initially, the FOP took a strong stand in opposition to the original proposal, which would have made all new hires "at will" employees in exchange for a pay raise. After significant meetings with the Speaker of the House, and other legislative leadership, the FOP was allowed to draft an amendment, which removed the original "at will" provision for law enforcement and corrections employees. The F.O.P. amendment was adopted. Later, the "at will" provision for all other newly hired employees was further amended to start at grade 24 and above. Additionally, the pay raise portion was enhanced to 6.3%. (from the original 6%). As a top F.O.P. legislative priority, we supported SB1202 and HB 2661 as amended.

The bill was approved by the Senate and House and was transmitted to the Governor. The bill was signed into law on 1/30/2006 and the Governor used a line item veto to remove the remaining "at will" portion of the bill. The bill included an early enactment date and has been implemented.

Read More>>>

Working on More!!!

The top priority for the Arizona Fraternal Order of Police is additional salary and benefit improvements for State Corrections Officers.

The F.O.P. strongly supports additional substantial catch-up salary improvements (on top of the approved 6.3% Sate pay raise) for State Corrections Officers. As the top legislative priority for the Arizona Fraternal Order of Police, we are asking the legislature to make salary and benefit improvements by including the ADC Corrections Officers Pay Plan in the budget. The F.O.P. legislative committee has been meeting with legislators for several months on this issue. A pay plan must be negotiated during budget discussions between the legislature and the Governor. Generally, the legislature has been very receptive to our calls to make substantial and effective salary improvements and the Governor fully supports the proposed Corrections Officer Pay Plan.

The Republican leadership in the Legislature and the Governor are currently in negotiation over the ADC Corrections Officer Pay Plan Proposal, which asks for $39 million in salary improvements for ADC employees. The negotiations are continuing and details will be disclosed soon.

Read More>>>

And More!!!

Two other Arizona F.O.P. legislative priorities, CORP; return to work and CORP; reverse deferred retirement plan (DROP), have been signed into law!

Both issues have been incorporated into a DOC bill, HB 2482. The original ADC Return to Work bill, with language similar to our FOP bill, was amended and now also includes the DROP provisions. HB 2482, which allows a retired member of the Corrections Officer Retirement Plan (CORP) to return to work and receive a pension at the same time, also establishes a reverse deferred retirement option (DROP) plan for members of CORP.

The bill was unanamously approved by the House and Senate. The bill was signed by the Governor and takes effect 90 days after the end of the Legislative session.

Read the Summary>>>