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BEAT THE SLEET SWEEPSTAKES  // P. 6

JOURNAL THE VOICE OF OUR NATION’S LAW ENFORCEMENT OFFICERS® DECEMBER 2015

WWW.FOP.NET

AMBUSH SURVIVAL

STAYING ALIVE PAGE 14

ALSO INSIDE

STRESS-BUSTING STRATEGIES WINTER GEAR TO COMBAT THE COLD

TABLE OF CONTENTS

JOURNAL

DECEMBER 2015 | JANUARY | FEBRUARY 2016

BEAT THE SLEET S WEEPSTAKES Enter for a chance to WIN! See page 6

FEATURES 14

DEPARTMENTS 18

8 // President’s Message New Priorities and Membership Programs

9 // Vice President’s Message At Your Service and Focused on Our Mission 20

10 // Secretary’s Message The Weight of the World Can Make the Strongest Knees Buckle

11 // Treasurer’s Message What You Get for Your Grand Lodge Dues 22

12 // Second Vice President’s Message Membership: Our Most Powerful Weapon

13 // Sergeant at Arms’ Message Moving Forward Into Our Second Century

23 // Washington Report

14 // Surviving the “X” Tactics to Get Home Alive

18 // Warming Up to Winter Specialized Gear for When Temperatures Drop

20 // Combating Stress on the Job Tips to Maintain Mental Fitness

22 // Sound Advice Invest Wisely to Protect Your Hearing WWW.FOP.NET

Signs of Progress Amid Ongoing Challenges

27 // Labor News Free Webinars Offered by the FOP

28 // FOP Legal Defense Plan Updates From the FOP Legal Defense Plan

29 // Legal Counsel Body-Camera Legislation Attempts to Address Public Records Issues

30 // FOP Auxiliary Taking Care of Our Own 3

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Published by 911MEDIA® 911MEDIA® is a division of Trade News International, Inc. For Advertising call 877-DIAL-911 (342-5911) | 911MEDIA.com For editorial submissions, send inquiries to [email protected]. For product guide submissions, email your press release and hi-res digital image to [email protected].

Three lucky FOP members will win the Galls Agent LTC Jacket and a pair of Damascus Gear DZ-9 SubZero Gloves. Prize value: $83.

THE FOP JOURNAL is published quarterly by the Grand Lodge, Fraternal Order of Police. 701 Marriott Drive, Nashville, TN 37214 – 1-800-4512711. Presort Non-Profit Standard, U.S. Postage Paid in Bolingbrook, IL, Permit No 1309. FOP membership includes a subscription to THE FOP JOURNAL. Subscriptions accepted from recognized law enforcement agencies, government officials and libraries. Non-member subscriptions $32 a year; single copies $8. Media information available upon request by writing or calling National Headquarters. No part of THE FOP JOURNAL may be reprinted without written permission. Publication of any product does not endorse product or service by the National FOP.

Visit for rules and to enter for a chance to win! No purchase necessary to enter. Must be a member of Fraternal Order of Police. Void where prohibited by law. Go to www.FOPConnect.com for complete details and Official Rules. Limit one entry per day per member. Sweepstakes ends February 9, 2016. 6

The Grand Lodge Fraternal Order of Police Board of Trustees has contracted with the following vendors to offer services to our members. From time to time, these vendors may market by mail and electronically with the membership to offer services: Armed Forces Eyewear, Avis, Calibre Press, Commerce Bank, Enterprise Holdings, Inc., GovX, HALO/Lee Wayne Merchandise, Hylant Group, Liberty Mutual, Nationwide Advantage Mortgage, Rockwell Watches, Your Travel Experts and 911MEDIA®. FOP JOURNAL // DECEMBER 2015

Les Perry, BSCJA, Class of 2008 Commander Denver Police Department

YOU HAVE THE RIGHT TO FOLLOW YOUR DREAMS. Everyone deserves a rewarding career. Our criminal justice degree and certificate programs can help prepare you for leadership opportunities. We offer Prior Learning Assessments, potentially allowing you to earn college credit for experience you already have. And you’ll learn from faculty that average 22 years of experience, including positions such as chief of police, warden and sheriff. Learn what it takes to lead by visiting phoenix.edu/justice. For more information about each of these programs, including on-time completion rates, the median debt incurred by students who completed the program and other important information, please visit phoenix.edu/programs/gainful-employment. The University’s Criminal Justice programs are educational degree programs. For those interested in pursuing a career in law enforcement, corrections or as a peace officer with any particular local, state, federal or international agency, there are numerous additional qualifications (and often disqualifications) depending on the position. Before enrolling in a Criminal Justice program, potential students are highly encouraged to check with the relevant agency for a complete list of position requirements. The University makes no representations regarding whether any particular University program will qualify a graduate for any such position. The University’s Central Administration is located at 1625 W. Fountainhead Pkwy., Tempe, AZ 85282. Online Campus: 3157 E. Elwood St., Phoenix, AZ 85034. © 2015 University of Phoenix, Inc. All rights reserved. | CJS-3786

PRESIDENT’S MESSAGE / CHUCK CANTERBURY

New Priorities and Membership Programs // WRITE TO US! If you have further questions, contact Chuck Canterbury at [email protected].

T

he National vice president and I have appointed the National committees, and a list has been distributed to the National trustees. We would like to thank all of those who had an interest in serving and are sorry that we could not appoint everyone who wished to. We would also like to thank all of the members who have served in the past, and we look forward to the committees providing their expertise to the mission of the FOP. The Critical Incident Committee is now the Officer Wellness Committee, and it will have the responsibility of working to provide quality information on PTSD and developing a suicide-prevention training course for members. We are tasking the PTSD subcommittee with developing model legislation and identifying experts who can provide guidance to our State Lodges in making PTSD a workers’ compensation injury.

WE HAVE ALREADY DEVELOPED A NUMBER OF PROGRAMS THAT BENEFIT OUR MEMBERS. The suicide prevention subcommittee will be tasked with developing a course of instruction for the membership, to be taught at the request of State and local lodges as part of our education programs, and with developing web-based training for members. Police suicides kill many more officers than line-of-duty deaths, and we must work to reduce this number. Please watch for information on both of these programs. Learning to identify the signs and symptoms of PTSD in our brother and sister officers and having the ability to aid them in seeking professional help will enhance our organization. Over the course of the past year and a half, the National Fraternal Order of Police has worked very hard to increase member benefits and the number of service providers that agree 8

Grand Lodge Fraternal Order of Police National Headquarters 701 Marriott Drive Nashville, TN 37214 1-800-451-2711 Phone (615) 399-0900 Fax (615) 399-0400 Email: [email protected] www.fop.net Executive Board

to give a discount to our members. These include, but are not limited to: • Liberty Mutual auto and home insurance: This program has provided a great deal of savings to members, and many have saved over $400 a year on property and casualty insurance. You can check out their services by going to www.libertymutual.com/fop for a free quote or call (800) 835-0894 to speak with a local representative. Please identify yourself as a member of the FOP, Group No. 120824. • LifeLock identity theft protection: available at a discount rate. Call LifeLock at (877) 677-7999 or visit www.lifelock. com and enter the promo code FOP715 to get this service. • National Police Credit Union membership: The National FOP Board has provided members access to the National Police Credit Union, which offers very competitive rates for auto loans. It is offering rates as low as 1.49% APR, and approval is quick and painless. You can access the online application at www.fop. net by clicking on the Program tab then clicking on Service Providers. The credit union is a division of the Chicago Police Credit Union, which understands the needs of law enforcement professionals. • FOP Travel Benefits program: The FOP recently announced this program, which provides members access to special travel offers and pricing. You can access this benefit by clicking on the FOP Travel Benefits banner on the front page of www.fop.net. This site allows you to opt in to the Travel Benefits monthly deals newsletter. • National FOP Legal Defense Plan: the premier legal defense plan in the country for law enforcement officers. Owned and operated by the FOP, this plan provides coverage for work-related Continued on page 30 >

Chuck Canterbury President Myrtle Beach, SC (843) 283-4888 Jay McDonald Vice President Marion, OH

Patrick Yoes Secretary Norco, LA

Tom Penoza Treasurer New Castle, DE

Les Neri Second VP Harrisburg, PA

Roger Mayberry Sergeant at Arms Valley Center, CA

Joe Perkins National Trustees Chairman Owasso, OK

Past Presidents Gilbert G. Gallegos, Albuquerque, NM Dewey R. Stokes, Columbus, OH Richard A. Boyd, Oklahoma City, OK John M. Dineen, Chicago, IL

National Trustees Oklahoma ………………………………………… Joe Perkins, Chairman Alabama …………………………………………………………………… Al Finley Arizona ……………………………………………………………… John Ortolano Arkansas …………………………………………………………… Gary Wallace California ……………………………………………………………… Steve James Colorado …………………………………………………………………… Rob Pride Connecticut ……………………………………………………… Robert Martin Delaware …………………………………………………………… Joe Fitzgerald District of Columbia ………………………………… Tori Beauchemin Florida ……………………………………………………………… Bobby Jenkins Georgia ………………………………………………………………… Bill Peacock Idaho …………………………………………………………………… Brad Landes Illinois …………………………………………… Robert “Rocky” Nowaczyk Indiana …………………………………………………………… Danny Overley Kansas ……………………………………………………………… K.C. Blodgett Kentucky ………………………………………………………… David Mutchler Louisiana ………………………………………………………… Tommy Tizzard Maine ………………………………………………………………… Joshua Hardy Maryland …………………………………………………………… Robert Cherry Massachusetts …………………………………………………… Rich Shailor Michigan ………………………………………………………… Kevin Sommers Minnesota ………………………………………………… Ruben Marichalar Mississippi ……………………………………………… Wilbur Chamberlin Missouri …………………………………………………………… Bill Albertson Nebraska ……………………………………………………… Steve Grabowski Nevada ……………………………………………………………… David Moody New Jersey ……………………………………………………………… Ron Bakley New Mexico ………………………………………………………… J.R. Stewart New York ………………………………………………………………… Mike Nied North Carolina ……………………………………………… Dennis McCrary North Dakota ……………………………………………………… Joe Johnston Ohio ……………………………………………………………………… Shaun Laird Oregon …………………………………………………………… Todd Hargrove Pennsylvania ……………………………………………………… Joe Greenya Rhode Island ………………………………………………… Peter Johnston South Carolina …………………………………………………… Jerry Wright South Dakota …………………………………………………… Tony Harrison Tennessee ……………………………………………………… Duane Phillips Texas ………………………………………………………………… Judy Thurmon Utah ………………………………………………………………… James Crowley Virginia ……………………………………………………………… Thomas Stiles Washington …………………………………………………… Jack Simington West Virginia ……………………………………………… Stephen Walker Wisconsin ………………………………………………………… Jerry Johnson Wyoming ………………………………………………………… Steve Wolosin

FOP JOURNAL // DECEMBER 2015

VICE PRESIDENT’S MESSAGE / JAY MCDONALD

At Your Service and Focused on Our Mission // WRITE TO US! If you have further questions, contact Jay McDonald at [email protected].

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his article is intended to serve several purposes. The first is really to introduce myself to the over 300,000 of my brothers and sisters whom I have not had the pleasure of meeting. I was recently elected in Pittsburgh to the office of vice president, and I also serve as the president of the Ohio State Lodge. I was previously the chairman of the Education Services Committee of the National FOP as well. I am extremely honored to have been elected to serve those who have sworn an oath to protect and serve their communities, and I promise to each one of you that I will do the best I can for the membership of the greatest organization in the world, the Fraternal Order of Police. If I can ever be of service to any of you, please reach out to me. My email is [email protected] and my cellphone is (740) 225-0849.

WE NEED TO BRING PTSD AND POLICE SUICIDES OUT OF THE SHADOWS AND INTO THE OPEN FOR DISCUSSION. During my campaign, I pledged to make PTSD and police suicide a focus of the Grand Lodge. As all of you know, we lose more brothers and sisters to these afflictions than we do to line-of-duty deaths each year. PTSD is a treatable condition and our members who experience it can continue serving their communities, but we need to bring it out of the shadows and into the open for discussion. To that end, President Canterbury and I changed the Critical Incident Committee (which focused on training trainers to teach our members about critical incident stress management) into the Officer Wellness Committee. This WWW.FOP.NET

committee will continue its mission of edu- encourage all new leaders (and experienced ones as well) to attend this outstanding cating about how to identify and cope with learning event. Check out www.fop.net for critical incident stress, but will include two new subcommittees tasked with working on more information. Lastly, I want to thank Ed Brannigan, the PTSD and police suicide issues that are Frank Gale, Tracy Brown, Robert Imborek, so very important. I am looking forward to Chet DeLong, Robert Dwyer, Lou Cannon, working with Chairman Mike Haley and Willie Patin, Charles Tillman, Jim Malloy, members Danny Overly, Mike Violette, Herman Beckett, Rick Fulginiti and Mike Andy Callaghan and Brian Nanavaty on Steinberg for their service to the Grand this very important topic. Lodge. These Brothers and this Sister have Leadership Matters is set for February 4 given a lot to help move this order forward, to 6 in Nashville. The purpose of this very and I am grateful for their service. Thank popular seminar is to give new local lodge you for all you have done while serving on leaders the tools they need to be successful. the 2:14 Grand Lodge Board of Directors. I wish There are breakout sessions aimed at new DEC.JAN.FEB.FOX.FOP.AD.pdf 1 11/3/15 PM you the best of luck in the future. executives, secretaries and treasurers, and I

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SECRETARY’S MESSAGE / PATRICK YOES

The Weight of the World Can Make the Strongest Knees Buckle // WRITE TO US! If you have further questions, contact Patrick Yoes at (504) 234-4300, or [email protected].

F

rom our first day in the academy, we were taught one valuable lesson, one that would no doubt keep us alive in such a dangerous profession. This wisdom was instilled in us with every scenario and every situation. No matter how big or small, how complex or how trivial, we were taught to take control of every situation and make it better with whatever resources we have at our immediate disposal. As police officers, we are used to being in control of every situation, or so it should seem. Even when we are not in control, we must portray that impression. Confusion and inaction breed negative outcomes. We need to hold it all together; we must hold it together. We deal with everyone’s problems; we see the carnage that defies logic or when a young child falls victim to a drunk driver or irresponsible parent. We see the worst in society and see things that cannot be unseen, things that most people would like to think don’t exist in their well-organized worlds. And when our day is done, we check our experiences at the door ... turn it all off and go home to our normal lives. We try not to

think about it and certainly don’t talk about it. We suppress it into a dark place and try to forget, but we can’t really forget, can we? It has become part of us. It can be a terrible curse at times, trying to carry the weight of the world on our shoulders — shielding those closest to us from things we would rather that they not know, and always holding it together on the outside, while suppressing and battling demons within. Some of us compartmentalize our experiences and are successful in separating these two worlds that we in law enforcement live in. Some have a tougher time with it — the conflict within ever building. Some turn to vices to numb their senses to it all. Often, these vices only compound the problems. In the past year, two friends found this weight to be too much to bear. For reasons we will never fully understand, they ended their lives. It is impossible to use a rational mind to make sense of irrational actions. This will never make sense. What I do know is that each of us have within us a valuable resource that could make a profound difference to someone hurting: the lending of a sympathetic ear.

BENEFITS OF FOP MEMBERSHIP The Fraternal Order of Police is committed to improving the working conditions of officers and the safety of those we serve through education, legislation, information, community involvement and employee representation. Here’s a quick overview of the wide variety of services and benefits that the FOP offers to its members. • Legislative Office (political advocacy) • Legal Defense Plan coverage • Labor Services Division (negotiations support) • National Peace Officers’ Memorial Service • FOP Journal and FOPConnect.com (communications)

• Education services and training programs • National Fraternal Order of Police University (NFOPU) • Charity partnerships • Service provider discounts and special programs

For more information on all of these programs, visit www.fop.net. 10

I know this is an uncomfortable discussion that most of us would rather not have, but have it we must. If you are troubled, please talk to someone. There is no shame in seeking help for things that we simply don’t understand. The only shame is the hurt caused to your entire family. Do it for your family and friends who will always carry the burden of wondering what they did wrong or if they did enough to ease your pain. We may not be experts on this topic — I certainly am not — but that doesn’t mean we can’t, in their time of need, help a friend, family member or co-worker who we think is depressed or experiencing severe anxiety. Listen without judgment and without trying to “fix” them or the issue. Do whatever you can to be a “safe” person to talk to. Be prepared that you may not always like or agree with what you hear, and it’s important to not become angry or imply that they are wrong in what they are feeling. If you do, they will likely clam up and stop talking, because you’ve now proven that you are not a safe person to open up to. A simple affirmation like “I don’t blame you for feeling that way” can keep the dialogue flowing and help the person open up. If you feel that someone is experiencing depression, ask directly whether they feel like they want to harm themselves. If they confirm that they indeed have had suicidal thoughts, get them professional help. Even if they don’t want the help and they may get angry at you, you may save their life. Although professional help may be necessary, never underestimate the value of human kindness — simply listening without fixing and caring without judgment could be the lift that person needs at that time. It takes courage for a cop to open up about their problems or emotions, and they may feel extremely vulnerable. When someone is experiencing depression or anxiety, they are not crazy, weak, wrong or exhibiting a character defect. They just need a little help with that heavy weight on their shoulders. FOP JOURNAL // DECEMBER 2015

TREASURER’S MESSAGE / TOM PENOZA

What You Get for Your Grand Lodge Dues // WRITE TO US! If you have further questions, contact Tom Penoza at [email protected].

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ver the years I have often been asked by members about Grand Lodge expenses. Some members don’t have a good understanding of the costs involved in running the Grand Lodge. An example of this is the National Conference in Pittsburgh, which cost the Grand Lodge over $372,000 this year ($1.14 per member). That amount does not include the costs for the delegates, who pay their own expenses. I think it is important for our membership to know that the National Board spends your money wisely and that your dues do not cover the operating costs of the Grand Lodge. Each year our membership is asking for and expecting more and more from the Grand Lodge, and the National Board has found ways to provide funding for those services. However, as costs increase, as they do for all of us, there will come a time when all of the services that our members want might not be available to them. Your dues are paid to your local lodge. Out of those dues, you pay per capita to your State Lodge and per capita of $10.50 per year to the Grand Lodge. That is less than $.03 per day. The Grand Lodge provides a great deal of services to each member for that $10.50 per year, in addition to the operating costs of the Grand Lodge. The following chart shows the cost per member for various Grand Lodge services for the 2014/2015 fiscal year, in which there was no National Conference. In a conference year, you can add $0.80 to the $11.85 total, which raises total spent per member to $12.65 in a conference year. The Grand Lodge Legislative Office and employees are critical to the mission of the Fraternal Order of Police. They are constantly pushing legislation that benefits our members and stopping legislation that adversely affects our members. The Grand Lodge director of the Labor Services office, Labor Services employees and the Labor Committee are critical to the mission of the Fraternal Order of Police. This office is the fastest-growing area for calls for WWW.FOP.NET

Cost per Member for Grand Lodge Services for the 2014/2015 Fiscal Year FUNCTION

COST PER MEMBER

DESCRIPTION

National Board meetings

$0.68

Cost of two National Board meetings in 2014 and 2015

Legislative office

$1.69

Wages and expenses of the Washington, D.C., office

Labor Services

$1.12

Wages and expenses of the Labor Services office, minus income

FOP Journal

$1.32

Cost to print and ship four issues per year to each member

Legal expenses

$0.58

All Grand Lodge legal expenses

Administrative costs

$3.67

Wages and expenses for office administrative functions

Membership costs

$0.48

Wages and expenses for our Membership Section in Nashville

Member services costs

$1.11

Wages and expenses for all Grand Lodge committees

Community services costs

$0.69

Wages and expenses for Police Week, Easter Seals and the Torch Run

Other expenses

$0.51

Various other expenses and costs not listed above

Total spent per member

$11.85

service from our membership. Since I last wrote about what you get for your Grand Lodge dues three years ago, we have cut the cost per member for Labor Services in half. This is the cost above what we collect in fees from units we represent. All of our support staff are also critical to the mission of the Fraternal Order of Police. Each of these employees provides services to our membership every day. Without these people, the Grand Lodge would not be able to answer your questions and provide you with what you need to serve your members. Each plays a critical role and each position has to be funded. This fiscal year we will spend an additional $400,000 ($1.24 per member) on the development of a new computer database system, which will include a new membership system that can be used by

all local and State Lodges. This system will also provide information that you can use to better represent your lodges. It is becoming more difficult to fund everything that our membership wants and expects from the Grand Lodge. The atmosphere in this country seems to be moving against public safety employees. We are being attacked by the governments we work for and the people we serve. Our members expect the FOP to respond to these attacks. The FOP is working on strategies to educate the public and change those negative attitudes about us, but this will cost additional money, and we are working on ways to raise those funds. In the meantime, I felt it was important for our members to see how their dues are spent. In my opinion, there is no fat in our budget and our members are getting a great deal for their $10.50 per year. 11

SECOND VICE PRESIDENT’S MESSAGE / LES NERI

Membership: Our Most Powerful Weapon // WRITE TO US! If you have further questions, contact Les Neri at [email protected].

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very day we see and hear the symptoms: law enforcement officers’ defined benefit pensions are unsustainable; collective bargaining rights are the root of all government financial problems; membership dues and voluntary PAC payroll deductions must be stopped. And every day FOP leaders from around the country fight on behalf of their brothers and sisters to keep what we have achieved and earned, and acquire what we need and deserve. For many years I have fought these same battles, but the margin of success keeps getting smaller and smaller. Many FOP leaders have come to realize that we have been fighting the symptoms and not the problem. The problem that we face today flows right from the lifeblood of this great country we live in and from the documents that we took an oath to support and defend — our state and national constitutions. These constitutions created a process to elect legislators and other officials to represent the people in the creation and enforcement of rules and laws. If we are ever going to successfully address the issues we find ourselves now facing on a daily basis, we

must fully and effectively become involved in the political process. Every State and local lodge should develop a system to identify and properly evaluate political candidates to ensure that they understand and support our issues. Once evaluated, lodges should make their findings known to their respective memberships. After candidates are identified, we must support them in a very visible and vocal way so that they and the rest of the political world understand the value of our support. Most importantly, even more important than campaign financial contributions, we must get out the vote and make sure that we are seen and recognized doing it. I ask every lodge to encourage and assist all its members in checking their individual voter status to ensure that they are actively registered to vote. I also encourage every brother and sister to ensure that your family members and friends are registered to vote as well. Although political party affiliation is a matter of personal preference, please keep in mind that generally only Democrats and Republicans vote in primary elections to choose who their

Staying Safe on the Road Vehicle-related incidents are the leading cause of officer fatalities year after year. Take the following precautions to mitigate your chance of injury! 1) Always wear your seat belt. Nearly 40% of the officers killed in car accidents in 2014 were not wearing seat belts, according to the National Law Enforcement Officers Memorial Fund (NLEOMF). Seat belts reduce serious crash-related injuries and deaths by about half, so buckle up, every time.

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2) Don’t drive distracted. Avoid looking at your phone, vehicle computer, GPS, license plate scanner and other devices while driving. Using portable electronic devices while driving increases the chances of an accident by three times. Watch the road. 3) Slow down. NLEOMF statistics show that 57% of fatal auto crashes in 2014 were single vehicle crashes, and the Commission on POST lists speeding as the primary cause of collisions

candidates will be in the general elections. Registering as a member of one of these parties enhances your position in electing a candidate who supports law enforcement. On Election Day, set up a buddy system and take a family member or friend with you to maximize the number of votes your candidate will receive. When you arrive to vote, make sure that you are wearing something that visibly displays the FOP logo. Every voting location has poll watchers who report back to their party officials on an hourly basis as to the amount of people voting and any other factors that could affect election results. I would love to be a fly on the wall when the call comes in to party headquarters on Election Day about all the “FOP” people showing up to vote. The ideas I am submitting to you for consideration in this article are not new, complicated or expensive, nor will they take a great deal of time, energy or effort. They will take some time, but probably less than an hour or two throughout the year. But I promise you this: If taken, they will provide us with the most powerful weapon in our arsenal to protect, defend and support our most vital assets … you. that injure or kill officers. Most speed-related accidents occur while responding to noncritical incidents. 4) Be cautious outside of your vehicle. Ten officers were struck and killed while making traffic stops in 2014. Wear reflective clothing and, when practical, approach the passenger side. For more driving and safe-stop tips, visit www.nleomf.org/facts/nhtsaofficer-safety-initiatives/trafficsafety-tips.html and the California POST Safe Driving Campaign at https:// www.post.ca.gov/safedriving.aspx.

FOP JOURNAL // DECEMBER 2015

SERGEANT AT ARMS’ MESSAGE / ROGER MAYBERRY

Moving Forward Into Our Second Century // WRITE TO US! If you have further questions, contact Roger Mayberry at [email protected].

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here has time gone? One hundred years of fighting for members’ rights, working conditions and benefits, and our fight continues so that our members maintain what we have worked so hard for. And now to add to that, we have to look for ways to improve and gain back the trust that has been eroded because of the haters, poor and slanted news media coverage and, in some cases, law enforcement being blamed for everything that is wrong in the communities we work in. Our members go out to work each day prepared to carry out the duties that they are sworn to uphold, knowing full well that on any given day, they may not make it home to their families and loved ones. We don’t make the laws, we don’t have control over budgets in the communities we serve, we don’t control the job market, and we don’t control how the plan for the future is laid out. We only do our jobs to keep our

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schools, streets and neighborhoods safe, and enforce the laws and regulations that are in place. The fact is, police officers are covered by the same constitutional protections that they are risking their lives to protect for everyone else. So why is there a growing trend to replace due process and the legal system with politicians and media-fueled sensationalism? I hope that the last few years have gotten your attention, and you understand how important it is to be involved in your community, state and national political process. Your lodge and lodge leaders can help make your jobs easier by getting involved in your area. Work with your community leaders and community organizations to build a mutual

understanding and working relationship so that when an event happens and the reaction is coming, the outcome can be helped by the work you have done in the community. So I ask again, please look at the role you play in your communities and at election time, let’s support the elected officials who care about public safety. As we enter the next 100 years, there is a lot of work that needs to be done. I am very proud that you have asked me once again to serve for the next two years on your National Executive Board. I look forward to working with your selected team on the E-Board to move us forward into the next century. God bless and be safe.

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SURVIVING THE “X” TACTICS TO GET HOME ALIVE

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oday more than ever, law enforcement officers are confronted with a host of challenges and a multitude of threats. The outcome of every decision made by officers has the potential to be a lifechanging event for everyone involved. This is especially the case when mitigating a threat that has a deadly force narrative. In the last couple of years, incidents stemming from officerinvolved shootings have monopolized traditional and social media outlets, generating a wide range of public opinion accompanied by a host of diverse reactions — including groups like the New Black Panther Party and the Black Lives Matter movement advocating violence against law enforcement officers. A person just has to look at the news or social media to see that deadly assaults on law enforcement officers are what appears to be a trending

BY CAPTAIN DARREN NORRIS

epidemic. The National Law Enforcement Officers Memorial Fund reports that 126 officers were killed nationwide in 2014, with the highest percentage falling victim to ambush assaults. Assaults against officers are not a new phenomenon. Dating back to the 1960s and 1970s, groups such as the original Black Panther Party, Symbionese Liberation Army and the Klu Klux Klan have been responsible for a number of law-enforcement-related assaults through the use of militarized tactics. In the current environment, the bottom line is that it is officers’ responsibility to prepare themselves to mitigate and survive a violent confrontation should it arise. Further, it is every agency’s responsibility to train its officers to the highest level of readiness for duty.

ANATOMY OF AN AMBUSH Simply stated, an ambush is a surprise attack on a moving or fixed target from a position of concealment. Those staging the

OFFICERS MUST ALWAYS MAINTAIN A HIGH DEGREE OF SITUATIONAL AWARENESS AND READINESS. IT IS PART OF THE JOB AND PART OF SURVIVAL. 14

FOP JOURNAL // DECEMBER 2015

ambush usually select a target site commonly referred to as the “X” or “kill box,” which allows them to maintain tactical dominance over their selected target. This battle-proven tactic utilizes speed, surprise and violence of action to attack before the target has an opportunity to react and defend themselves. Ambush assaults are an age-old military tactic that troops have perfected over the years through research and development and real-world combat operations. The original concept is believed to be imitative of the stalking tactics used in the animal kingdom, where carnivorous animals — often referred to as ambush-predators or sit-in-wait predators — lie in a concealed location and attack their unsuspecting prey once they move into striking distance. Two types of ambushes are typically used. The hasty ambush utilizes opportunity to exploit a target, while the deliberate ambush is generally a well-planned ambush on a specific target in a specific location. Ambush assaults are typically executed either as a point or area attack. The point method is an attack at a single location on a single target, whereas the area method may encompass multiplepoint ambushes on multiple targets at different locations, utilizing a coordinated method to initiate the assaults.

AVOIDANCE One of the most dangerous potential threats to every law enforcement officer is the “It can’t happen to me” mindset. It can, so officers don’t have the luxury of being complacent, lazy or out of shape! An ambush assault, or any assault for that matter, can happen anywhere. It could be a well-planned, deliberate attack or a hasty attack in an apartment, restaurant or on roadside traffic stop. Attacks on officers are occurring while they are off duty in public spaces, as well as at their residences, with greater frequency. For example, many agencies issue officers take-home patrol cars that are proudly parked in front of their residences. Although that is a great fringe benefit of the job, it also lets people know when that officer is off duty. Look at other alternatives, such as parking the car in the garage or a place where the car is not visible from the road. Agencies must put operational security (OPSEC) at the forefront of their policies and procedures to protect officers. For example, if someone asks if Officer Jones is on duty, what would the best response be? Instead of giving a direct yes or no answer, the person should be politely asked for their name, number and a message. It is also acceptable to advise that officers’ schedules cannot be provided due to security reasons. Regardless whether it is a dispatcher or the WWW.FOP.NET

Avoidance: The Best Tactic for Preventing an Assault REGARDLESS OF YOUR ASSIGNMENT, MAXIMIZE AVOIDANCE BY ADHERING TO THE FOLLOWING: ✖ Know the area or take someone who does. ✖ Always carry the appropriate equipment that is needed to win a fight. “Two is one, one is none”: This pertains to people and gear. ✖ Maintain good situational awareness. (Keep your head on a swivel.) ✖ Always maintain a positive mental attitude and situational control. ✖ Don’t get baited into a fight. Always use good tactics and wait for backup. ✖ Always be mindful of officer and vehicle positioning. ✖ Don’t lose focus of what is happening on-scene. Avoid too much focus on the ticket book, computer, etc. ✖ If something doesn’t feel right or look right, call for another unit. ✖ Remember: Time and distance are the primary advantage to winning any fight!

chief of police, security is everyone’s responsibility. People with ill intent only need to take to mobile apps such as Waze to find the location of officers on duty. Information such as the number of officers on duty or a specific officer’s schedule should never be disseminated to non-law-enforcement personnel. Continued on page 16 > 15

What to Do in the Moment MAKE A DECISION AND PUT IT INTO ACTION! ✖ Make an immediate decision to tactically withdraw, fight in place or fight through the ambush location. ✖ Maintain tactical safety principles. ✖ Use good and practical communications. ✖ Identify your target, and be mindful of blue-on-blue contact. ✖ Be self-reliant. Backup may take time to respond. If injured, stay in the fight! Never quit! ✖ Be ready to put basic medical survival skills to work through self-aid.

IMMEDIATE ACTIONS Sometimes, even though officers do everything in their power to avoid a confrontation, a fight is imminent. Each officer must possess the skills, common sense and good judgment to navigate through it. As pertains to ambush assaults, the primary tactic for survival is to get off the “X.” Every second spent in the kill box decreases the officer’s chances of survival, so immediate action is required. Always have a plan of action before you need it!

WHAT’S IN YOUR TRAINING PROGRAM? Cops are made in two places: in training and on the street through practical experience. Ongoing training is critical to officer survival, decreasing liability for the agency, and meeting the challenge of providing the best possible service to the community. There are three components that equal potential disaster for an agency and officer: 1) failure to train, 2) poor supervision and 3) violating a person’s civil rights. All training methodology should have emphasis on tactics, techniques and procedures that are relevant and legally, tactically and medically sound. Law enforcement trainers have a vital responsibility in developing and conducting effective training for officers. It is imperative that all programs are well-designed and contain some of the following: 16

❯ ❯ ❯ ❯ ❯

Case-study analysis Research and development on new tactics and equipment Well-written lesson plans Clear objectives and grading criteria Practical, realistic hands-on training scenarios

Training combined with experience will provide officers with the necessary skill sets and assist with developing split-second decisionmaking skills to deal with any potential threat.

ALWAYS AT THE READY Officers must maintain a high level of readiness at all times in order to survive any violent confrontation. This is especially important when faced with an ambush-assault scenario. So how do they prepare themselves to mitigate an assault? The answer is simple: Each day, officers should challenge themselves in their training. Every officer should ask themselves if their level of physical fitness, mental preparation and tactical proficiency is at the ready and prepared to combat any threat that they encounter. All officers have a responsibility to maintain a high level of competency in order to carry out their duties. Ideally, each officer is training to a standard of unconscious competence so that their actions and reactions to life-threatening events become second nature. This is important because as the heart rate increases and stress is induced, the human body and mind will experience numerous physiological effects that are debilitative to the cognitive abilities of the officer. Some of these effects include tunnel vision, tachypsychia, auditory exclusion and adrenaline dump. To help control these effects, officers must conduct realistic training that will expose them to various scenarios designed to simulate real-world threats that challenge the officer’s ability to make sound decisions and execute a motor-action response to achieve a desired outcome. FOP JOURNAL // DECEMBER 2015

PHOTOS COURTESY OF MUR STRATEGIC, LLC

There is an abundance of available resources varying in methodologies. It is not a matter of if but when an officer’s skills will be called to the challenge in a confrontation, so remember that there are a variety of tactics available. What dictates the tactics that an officer should use? There are several potential factors that must be assessed, with no definitive answer. Some experts will argue that certain tactics are better for a specific threat, but there is no need to overcomplicate any scenario. The threat could range from a physical roadside confrontation to an ambush in an alley. As a general rule, situation and terrain will dictate what tactics and resources are needed to end the threat. Most confrontations are very dynamic in nature. Therefore, the officer’s tactical response should have the same dynamic ability to evolve as the threat does. While there are countless tactics used in the military and law enforcement, the safety principles that should accompany them are often not emphasized enough. An officer’s tactics can and will change frequently as needed. An example of this is making a passenger-side approach versus a driver-side approach while executing a traffic stop. The tactic may have differed from the norm, but the approach method and safety principles remained consistent with good officer survival techniques. Another example could be making an entry and stacking four officers on one side of the door versus two on each side. The bottom line is that decisions are made by officers to address these dangerous situations. With this in mind, the principles of tactical operations must be at the forefront of any decision, such as maintaining 360-degree security at all times or indexing your finger along the trigger guard when not discharging a weapon. Regardless of assignment, all officers should adhere to the same agency training standards and safety principles. If officers always

Your Keys to Survival HELP ENSURE A CONSTANT STATE OF READINESS THROUGH: ✖ Mental preparation ✖ Proper nutrition and rest ✖ Physical fitness ✖ Carrying the appropriate, properly maintained equipment ✖ Tactical and weapons proficiency ✖ Firearms competency

apply these tactical safety principles, it will exponentially increase the probability of a positive outcome. Special thanks to the Irmo (South Carolina) Police Department for its active participation in the development of this article.

ABOUT THE AUTHOR Captain Darren Norris of the Pelion (South Carolina) Police Department has over 27 combined years of military and law enforcement experience. A state-accredited law enforcement instructor since 1995, he has served in patrol, K-9, SWAT and investigations assignments throughout his career and is an active member of Midlands Lodge #1.

BECAUSE MOST CONFRONTATIONS ARE VERY DYNAMIC IN NATURE, THE OFFICER’S TACTICAL RESPONSE SHOULD HAVE THE SAME ABILITY TO EVOLVE AS THE THREAT DOES. WWW.FOP.NET

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SPECIALIZED GEAR FOR WHEN TEMPERATURES DROP

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or law enforcement professionals, high-performance clothing is a necessity, because there’s no place for distractions caused by discomfort, poor fit or malfunctions. That’s true any time of year, but when winter weather hits, staying warm and dry is essential for officers conducting duties in the field. If you live and work in a region that’s susceptible to freezing wind or copious amounts of precipitation, you can’t wear just any old jacket or boot and hope to stay comfortable. The key to outsmarting Mother Nature this time of year is to look for certain clothing attributes, such as waterproof, insulated and lined. Here’s a quick sampling of beat-the-sleet items designed with the law enforcement professional in mind.

Tru-Spec H2O Proof 3-In-1 Jacket MULTISEASON COVER-UP

WIN IT!

Talk about bang for your buck. This jacket accommodates varying temperatures and weather factors. For bitterly cold days, zip in the parka lining. On mild days, skip the liner or opt to wear the Inner Cumulus jacket on its own. Together, however, the double-layered jacket is waterproof and windproof. Other features in the improved Tru-Spec H2O Proof 3-In-1 Jacket are large chest pockets with zipper closures, a detachable hood and a side zipper to grant easy access to duty belts. Sizes range from extra small to 5XL. MSRP $243.95.

5.11 Tactical Taclite Flannel Pant FULL-LENGTH COMFORT If you’re already a fan of the 5.11 Tactical Taclite Pro Pant, then you’ll really appreciate the Taclite Flannel Pant. This new design highlights an integrated flannel lining that extends the garment’s wearability into harsh environments. The pant’s outer fabric remains the durable poly/cotton blend with a Teflon finish that resists staining. Closest to your skin, though, is 100% cotton flannel with a luxurious carbonized peach face. There’s also a configuration of multiple pockets and hip-mounted D-rings for convenient key or identification storage. Comes in black, khaki or dark navy. MSRP $74.99. 18

Danner Gavre Boot FIRM FOOTING Are you required to patrol over rugged terrain? Maybe you simply enjoy hiking year-round. Either way, going off road on foot means maintaining sure footing with every step. Constructed to perform in mountain warfare situations, the Danner Gavre Boot can handle surfaces ranging from snowy or muddy trails to steep, slippery slopes. Offering high stability via a fully rubberized outsole and integrated polypropylene board, a keen feature for winter is the flexible lacing system. Not only does it move with each step for a consistent and comfortable fit, but the system retains flexibility in any temperature. A Gore-Tex waterproof lining protects feet from rain and snow. MSRP $200.

FOP JOURNAL // DECEMBER 2015

Damascus Gear DZ-9 SubZero WIN Glove HAND HEATER

Blauer ArmorSkin Winter Base Shirt and ArmorSkin

WIN IT!

MADE TO MOVE Police officers already layer up with safety gear every day, so adding extra layers in the winter can quickly become cumbersome. While outerwear is a must during the winter months, you don’t have to exchange agility for warmth while wearing the Blauer ArmorSkin Winter Base Shirt under its ArmorSkin. The Base Shirt is lined with a moisture-wicking 215-gram microfleece for warmth that accommodates a broad range of motion and easy access to equipment. Slip on the ArmorSkin over the Base Shirt for a uniformed look. The top piece can be adjusted at both the shoulders and sides to cover protective gear. MSRP $64.99 for ArmorSkin Winter Base Shirt; $84.99 for ArmorSkin.

Galls Agent LTC Jacket WIN TOUGH OUTER SHELL

IT!

Not every region falls prey to winter’s wild whims. Maybe instead of freezing temperatures, there’s a slight chill in the air, just enough to require a jacket. That’s the ideal scenario for the Galls Agent LTC Jacket. This new design is constructed out of a waterproof polyester shell and lined with fleece. Ten-inch side zippers with snap tabs mean unobstructed access to duty gear or weapons. MSRP $39.99.

IT!

Frozen fingers impede police work, which is why gloves are a definite must-have on the job. Damascus Gear designs specifically for law enforcement and military personnel, and its DZ-9 SubZero Glove is up to the task of a high-demand job in any weather condition. The company guarantees warm hands in frigid temperatures. The pre-curved design maximizes comfort and the full-leather palms aid a sure grip. Glove sizes vary from small to XXL. MSRP $43.20.

Rocky Broadhead Duty Boot DEFY THE DOWNPOUR Even if you don’t walk a beat, policing is tough on the feet. It’s important to maintain happy, healthy and, most importantly, dry feet. Rocky offers a 100% guarantee that your feet will stay completely dry in its Broadhead Duty Boot. A spacer mesh allows proper ventilation to prevent sweating, plus you’ll enjoy EVA footbeds and midsoles that make these duty boots feel like athletic shoes and help fight off foot fatigue. MSRP $116.99.

SealSkinz Thermal Waterproof Cap TOP IT OFF

BEAT THE SLEET SWEEPSTAKES

Exposing your head during rough weather can leave you wet and cold, so be sure to cover it up with a cap meant to repel moisture. The Thermal Waterproof Cap by SealSkinz has received a thermal rating of four, designating it fit for subzero climates. Made of durable, breathable and flexible material, it is also windproof. Pull-out earflaps provide extra coverage. MSRP $55.

Enter for a chance to WIN! See page 6 for more info

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MENTAL FITNESS

very law enforcement officer expects to experience some stressful moments at work. Many, however, are not prepared for exactly how stressful their daily duties will be, and police culture still has trouble fully comprehending and acknowledging the pain that stress can cause. “An officer often thinks that ‘If I tell a mental health practitioner, administration is going to take me off the street and take away my gun and put me on the desk, and that is the last thing I want to have happen,’” says Deirdre DeLong, Program Director for the Critical Incident Response Service at Fraternal Order of Police of Ohio. Emotional wellness and safety can no longer be ignored, however. They are being pushed to the forefront of education and outreach efforts as more officers struggle with critical incidents, unstable communities, national exposure and stretched-out resources. Here are some of the most common day-to-day psychological stressors that officers are exposed to, along with expert advice on how to handle them in practical ways before they impact your personal or professional life.

ADMINISTRATIVE STRESSES Cause: Misunderstandings between patrol and upper management. Each group may not be fully aware of where the other is coming from and what the daily grind of their job is really like. Symptoms: It creates a lack of respect and trust between officers and leadership that manifests as an “us versus them” mentality, says DeLong. Hallmarks include tense communication, either verbal or nonverbal, or blatantly ignoring that the other exists. Anger boiling just beneath the surface can explode at seemingly unexpected moments. Coping strategy: “Just talking to each other can ease tension,” says DeLong. One of you will have to be the bigger person, though, and invite the other to sit down, either during a slow shift or while off duty. The conversation is not a time to point fingers, but rather to ask questions and actually listen to answers. “Discuss your goals, both as individuals and as a team,” suggests DeLong. If communicating is too uncomfortable, take a moment to put yourself in each other’s shoes. Administrators 20

need to do better at rewarding patrol officers for a job well done. Patrol officers must understand there may be some inside police politics that affect how administrators are allowed to do their jobs.

FAMILY LIFE Cause: Inability to communicate with spouse, children or other family members. Symptoms: Sometimes the very thing that is supposed to offer police officers respite from their careers becomes the biggest stressor in their lives. That’s because, over time, officers can become detached from their families, explains Stephanie Samuels, a psychotherapist from New Jersey who works exclusively with law enforcement and first responders. Officers spend so much time trying not to talk about their feelings that they end up going numb and begin acting out in other harmful ways. “Sometimes it’s that that they do not want to expose their loved ones with what they’ve been through, or they don’t want to have to relive the horror that they just experienced,” she says. “What ends up happening, though, is that FOP JOURNAL // DECEMBER 2015

they seek out another person to tell that stuff to and that devolves into an affair, or they turn to drugs, alcohol or some other adrenaline-seeking rush.” Coping strategy: Getting in touch with a therapist who understands law enforcement culture is key. “These types of therapists get the thoughts, impulses, desires to act out and adrenaline-seeking behavior better than anyone,” says Samuels. “Normally, however, officers don’t contact a therapist until they’ve already acted out.” She

also recommends maintaining friendships outside of law enforcement: “Officers start to lose their civilian way of thinking, so any small problem an officer is having may be exacerbated by only having law enforcement friends. Whereas a law enforcement friend may tell another officer to ‘have a drink’ at the end of a hard day, a civilian friend might ask more questions in a nonthreatening, caring way that allows the officer to just vent.”

AMBIGUITY Cause: Continually worrying about your safety, not knowing what situations you’ll encounter. Symptoms: For patrol officers, every shift and every call has a sense of ambiguity, says Dr. Jay Phillippi, staff psychologist at the Fargo (N.D.) VA Medical Center and also a former police officer. Officers cannot trust that they will come out of a situation safely, and over time, that can wear away at their resilience. They can become irritable and resistant to even the smallest change. Coping strategy: Try to develop your own post-call or post-shift routine, so if something goes awry you have something stable to return to. Some examples may be heading back to the station and writing a report right away, or calling your spouse and discussing dinner plans. “You’re looking for something very well established and grounded that helps put you back in the here and now,” says Phillippi.

CONSTANT SCRUTINY Cause: Enduring public surveillance through a 24-hour news cycle, social media and camera phones. Symptoms: Conducting yourself while on camera, or even feeling like you’re on camera, creates a heightened experience. Your emotions may be difficult to control, and things may feel like they’re happening faster

than they already are. This can lead to overreacting, or on the flip side, indecision while on scene. Either way, officers who feel their actions are always being captured and scrutinized may eventually develop a dislike for the community that they are charged with serving, says DeLong. Coping strategy: DeLong’s advice is to quit media cold turkey. Don’t read or watch the news, but if you just can’t help it, avoid the comments. Definitely talk with your fellow officers or administrators, but don’t get sucked into belittling the community you serve. Communicating with your family or other positive neighbors will help you keep perspective.

DEPERSONALIZATION Cause: Exposure to too much human misery can numb your feelings toward the people you serve. Symptoms: Officers in the throes of depersonalization may come across as wooden, stiff, rude or gruff. They may complain all the time and not show emotion or empathy when dealing with people on calls, even upstanding members of society. “When you have people complaining about you, that’s a big red flag,” says Phillippi. Coping strategy: The best remedy for depersonalization is balance, says Phillippi. Participate in activities that are not police-related in your downtime. Embrace your family or support system to lift you up. Police administrators shouldn’t let their officers feel like they’re fighting an uphill battle alone, Phillippi cautions. If departments recognize that some of their officers are struggling with depersonalization issues, they should organize police-related activities within the community. “For example, my previous department in Moorhead, Minnesota, runs a Cops ’N Kids hockey game where members of the various law enforcement departments play a game to raise money for charity. It’s a great way to get officers involved with real people in the community so they can see real value among the people they’re serving,” says Phillippi.

For more tips on coping with stress, go to:

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INVEST WISELY, PROTECT YOUR HEARING

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hink about all the noises you hear on a daily basis: sirens, motorcycle motors, loud radio calls and, of course, the potential of gunfire.Then there are the decibel blasts produced at the firing range. Repeated exposure to loud noises places law enforcement professionals (LEPs) at greater risk of hearing loss than the general public. In one survey of LEPs, more than half voiced concerns that workplace noise could likely damage their hearing, and more than three-quarters felt that hearing impairment could negatively affect their job performance. Considering that most hearing loss is permanent, it pays to invest in protective gear for your ears, such as the products below.

Radians 430-EHP Earmuffs Volume Control Whether practicing your shooting skills to become more proficient on the job or as a competitive pastime, each time the trigger is squeezed, you expose your eardrums to an explosive, potentially damaging sound. That’s why firing ranges mandate hearing protection devices. Once a noise measures at least 86 decibels, the Radians 430-EHP Earmuffs’ electronic circuit automatically kicks in to mute the impact and protect the wearer. Boasting a noise reduction rating of 26 on a 1-to-34 scale, the device also possesses an independent microphone programmed to detect and amplify low-sound levels. The battery lasts up to 200 hours. MSRP $34.99.

SureFire EP3 Sonic Defenders Earplugs Sound Distinction Proper hearing protection shouldn’t drown out all noises. It’s crucial for officers to distinguish acceptable sounds while creating a defense against dangerous volumes. The EP3 Sonic Defenders by SureFire make this distinction for you. The earplugs allow safe-level sounds to pass through undeterred, while sounds reaching 85 decibels or louder are directed through a noise-reducing filter. Of course, comfort is a big factor, too. These devices are molded out of a soft, hypoallergenic polymer that not only provides a cushy fit, but an extended lifecycle when properly cared for. Earplugs fit conveniently under helmets and masks. MSRP $13.95. 22

NEW Motorola

Solutions Tactical Boomless Temple Transducer High-Tech Protection For scenarios in which hands-free communication becomes paramount, the Motorola Solutions Tactical Boomless Temple Transducer enables officers to receive radio communication via bone vibrations guided to the inner ear canal, allowing them to be simultaneously hands-on with other tasks. The Transducer also comfortably fits under traditional hearing protection and helmets. This ensures hearing health in critical circumstances that may call for loud tactics such as stun grenades, but the versatile Transducer accommodates regular environmental noises as well. MSRP $377.

FOP JOURNAL // DECEMBER 2015

WASHINGTON REPORT / JIM PASCO

Signs of Progress Amid Ongoing Challenges

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t this writing, the 114th Congress is in recess in observance of Columbus Day, and the new fiscal year is only two weeks old. Despite a five-week August recess and only a few legislative days in September, Congress did manage to pass a continuing resolution (CR) that would keep the federal government funded through December 11. Congress must also deal with issues related to the debt ceiling as well as funding for government operations after the expiration of the CR, and a resolution to these issues is likely to be complicated by the impending retirement of U.S. Representative John A. Boehner (R-Ohio) from the speaker of the House position and Congress. The House majority leader, Representative Kevin O. McCarthy (R-California), has declined to seek the speaker’s gavel, so the leadership in the House is still in flux. Keep up with the latest by visiting the Grand Lodge website, National Legislative Office Facebook page and by following the National Legislative Office on Twitter!

Two Steps Forward, One Big Step Back: FOP Statutory Arrest Language in Defense Bill, but Veto Expected Both the House and the Senate adopted the conference report on H.R. 1735, the “National Defense Authorization Act (NDAA) for Fiscal Year 2016.” The legislation does incorporate a legislative priority for the FOP. The language in the bill gives the U.S. secretary of defense the power to grant civilian law enforcement officers employed by the department statutory arrest authority. However, the White House has stated that the president will veto the bill, citing an increase of the Overseas Contingency Operations fund, which the administration feels circumvents the required sequester cuts. The Senate passed the bill on a 70-26 vote, enough to override any veto, but the House passed the bill on a 270-156 vote, which would not be enough to override a veto. The Democratic WWW.FOP.NET

Just the Facts: FOP-supported language was included in the 2016 DoD funding bill, but a presidential veto is expected. Support grows for repealing the Windfall Elimination Provision. Restrictions on the federal LE equipment program are now in effect, while the bulletproof vest grant bill is stuck in committee. Bills are pending regarding sanctuary cities, criminal justice and asset forfeiture reform, and continued benefits for 9/11 responders. A new initiative aims to decrease opioid overdose deaths.

leadership in both chambers has pledged to vote to support the President’s veto. We do regard the inclusion of our provision in the NDAA as a significant victory, as it marks the first time it has survived a vote in both the House and the Senate. We continue to believe our provision will make our military personnel and installations safer, and we are very frustrated to see our good work hindered by politics. That said, if the bill is in fact vetoed, it will almost certainly be sustained. SSAB Agrees With FOP: Time to Repeal the Windfall Elimination Provision In 1994, Congress created the Social Security Advisory Board (SSAB), a sevenmember bipartisan committee to advise the president, Congress and the commissioner of Social Security on matters related to the Social Security and Supplemental Security Income (SSI) programs. The SSAB recently released a position paper calling for the end of the unfair Windfall Elimination Provision (WEP) in current Social Security law. The repeal of the WEP has been a top legislative priority of the FOP for many years, and the position paper from the advisory board validates all of the arguments that the FOP has made with respect to repealing the WEP. The WEP substantially reduces a benefit that workers had included and counted on when planning their retirements. The arbitrary formula, when applied, does not eliminate “windfalls,” because of its regressive nature — the reduction

is only applied to the first bracket of the benefit formula and causes a relatively larger reduction in benefits to low-paid workers. It also overpenalizes lower-paid workers with short careers or those, like many retired law enforcement officers, whose careers are split inside and outside the Social Security system. The SSAB agrees and states: “The formula [WEP] works as intended for people who have worked exclusively in jobs covered by Social Security. It does not work as it should for people who work part of their careers in jobs not covered by Social Security.” It is a simple issue of fairness. This is a loss of benefits to which workers are entitled, not an adjustment for a “windfall.” In its position paper, the SSAB recommends that Congress replace the WEP with a more equitable and proportional formula like that proposed by H.R. 711, the “Equal Treatment of Public Servants Act.” The FOP is a longtime supporter of this bill, which would repeal the WEP and calculate benefits as if all the worker’s earnings were subject to Social Security taxes using the standard benefit formula. To ensure Social Security benefits are based only on Social Security wages, the benefit would be multiplied by the percent of earnings subject to Social Security taxes. The FOP supports this approach, but the bill does not address similar inequity problems imposed by the Government Continued on page 24 > 23

WASHINGTON REPORT Continued from page 23 >

Pension Offset provision. The “Social Security Fairness Act” (H.R. 973/S. 1651) would repeal both the WEP and GPO, and this bill remains our top priority. However, this is the first time an official government advisory board has come out against the existing law. While this is a positive development, I caution our members to keep their expectations in check — this is a position paper from an advisory board, not a change in administration policy. The FOP hopes to make the most of this development and continue to raise awareness and educate members of Congress about this issue to gain their support, but we do not anticipate that they will take up either H.R. 711 or H.R. 973/S. 1651 in this Congress. The SSAB’s position paper on the WEP can be found at http://goo.gl/sC0SmW. Vest Bill Still Mired in Committee The Senate passed S. 125, the “Bulletproof Vest Partnership Grant Program Reauthorization Act,” in the first week of May on a unanimous voice vote. The bill, along with its House companion H.R. 228,

was transmitted to the House Committee on the Judiciary and subsequently to the Subcommittee on Crime, Terrorism, Homeland Security and Investigations. The FOP, along with our allies in the House and Senate, have been trying to bring pressure on members of the Judiciary Committee to report the bill and get it to a vote on the House floor, where we expect it to pass overwhelmingly. One of the reasons this bill, like many reauthorizations measures, has not advanced in committee is that some members argue that the program is duplicative of other existing federal equipment programs — an argument that the FOP rejects as having no merit. The Bulletproof Vest Partnership (BVP) grant program provides matching federal funds to state and local law enforcement agencies, allowing them to purchase or upgrade the soft body armor worn by their officers. More than one million vests have been purchased through this program, which has greatly increased the safety of officers on the beat. While there is no legislation, no government program, no grant and no public-private partnership that can erase the sad fact that law enforcement officers will die in the line of duty at the hands of

armed and violent criminals, this program can document more than 3,100 officers whose lives were saved because they were wearing soft body armor. How many other government programs can document their success so starkly? We are asking every member who reads this — especially those of you from Virginia and Wisconsin, home to Robert W. Goodlatte (R-Virginia), chairman of the Committee on the Judiciary, and F. James Sensenbrenner Jr. (R-Wisconsin), chairman of the Subcommittee on Crime, Terrorism, Homeland Security and Investigations — to contact your representative in the House and ask that S. 125 be favorably reported by the committee and brought to the House floor for a vote. Contact your representative and ask them to support S. 125/H.R. 228 today! Other Law Enforcement Issues Pending in Congress Sanctuary cities bill: The Senate is expected to hold a floor vote on S. 2146, the “Stop Sanctuary Policies and Protect Americans Act.” The bill, which bypassed the Judiciary Committee, would impose penalties on jurisdictions whose local, state

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or other governments declare themselves to be “sanctuary cities” for persons in the United States unlawfully; those who do not cooperate with federal law enforcement agencies with respect to the enforcement of immigration law would be denied any funds through the State Criminal Alien Assistance Program (SCAAP). These communities would also be ineligible for the Community Development Block Grants administered by the U.S. Department of Housing and Urban Development. In addition, any state or local law enforcement agencies that, independent of their local or state governments, adopt a policy to not cooperate with federal law enforcement on immigration issues will be unable to receive any monies through the programs administered by the Office of Community Oriented Policing Services (COPS). The bill would also shield from liability any officer, agent or employee of a state or local government who complies with a detainer order issued by a federal law enforcement agency and increases the penalties on aliens who unlawfully re-enter the United States after their initial removal. The FOP has taken no official position on this legislation, but we have been

WWW.FOP.NET

in regular communication with Congress and the administration. The position of the FOP on this issue is that state and local governments, as well as their law enforcement agencies, should at all times endeavor to cooperate with their federal law enforcement colleagues. It is critical to public safety and national security that local, state, federal and tribal law enforcement work together and rely on the expertise and resources that each agency brings to the mission of keeping our borders secure and our nation safe. However, the FOP must vigorously oppose any amendment, bill or other legislative effort that would reduce or withhold funding or resources from any federal program for local and state law enforcement. If Congress wishes to effect policy changes in these cities, it must find another way to do so. The “Sentencing Reform and Corrections Act”: The House and Senate have introduced nearly identical legislation that proposes sweeping changes to the criminal justice system, including an across-theboard reduction in mandatory minimums for repeat drug offenders and an elimination of the “three strikes” penalty unless the

offenders are convicted of “serious” crimes of violence or drug felonies. Some of these sentences would be retroactively applied, as would the Fair Sentencing Act of 2010. The legislation would expand the existing “safety valve” provisions to give offenders with more extensive criminal histories a chance to have their sentences reduced. It also establishes a second safety valve that would provide relief from the mandatory 10-year sentence for certain low level offenders. The bill would also increase mandatory minimums for firearms offenses, interstate domestic violence offenses and certain export control violations. The bill would also provide new standards and metrics for the early release of inmates who complete certain programs and meet certain benchmarks. These offenders could earn early release and spend the final 25% of any remaining sentence in alternative confinement, such as a halfway house. The bill would also change the rules governing the incarceration of juveniles and require a report to Congress that provides an inventory of all federal criminal offenses. Continued on page 26 >

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WASHINGTON REPORT Continued from page 25 >

The FOP is still evaluating the impact of this legislation and has not yet taken a position on the bill, which is expected to be the subject of a hearing and approved by the Senate Judiciary Committee before the end of October. Asset forfeiture reform legislation: The FOP has been working closely with our allies on Capitol Hill and with the Asset Forfeiture and Money Laundering Section of the U.S. Department of Justice (DOJ) on draft legislation. A draft bill was prepared for introduction but after concerns were raised by the FOP and DOJ, the draft was shelved, probably for the remainder of this session. New restrictions on LE equipment program now in effect: On October 1, the start of FY 2016, the recommendations of the Law Enforcement Equipment Working Group (LEEWG) went into effect, pursuant to Executive Order 13688, “Federal Support for Local Law Enforcement Equipment Acquisition.” As reported in the previous issue of the Journal, there are now two new categories of equipment, “prohibited” and “controlled.” The former category will no longer be available through federal equipment programs and to obtain the latter, agencies will face additional burdens and oversight, making it a more arduous process. There is a six-month transition period to allow law enforcement agencies to examine their policies and training programs so that they can be in compliance with the LEEWG’s recommendations. More information can be found at www.justice.gov/criminal-afmls/ file/780521/download and www.justice. gov/criminal-afmls/file/780516/download. Staff in the National Legislative Office will continue to meet with LEEWG representatives, because our concerns remain, at this time, unaddressed. The FOP will continue the fight for access to the equipment we need to help keep our communities safe. “James Zadroga 9/11 Health and Compensation Reauthorization Act”: The House and the Senate have introduced nearly identical legislation, H.R. 1786/S. 928, to reauthorize the “James Zadroga 9/11 Health and Compensation Act,” which will allow funding to continue for those who participated in the rescue and recovery efforts on September 11, 2001. 26

This legislation will permanently reauthorize the act and continue the World Trade Center Health Program’s (WTCHP) nationwide medical monitoring and treatment of 9/11-related illnesses for the more than 60,000 volunteers who participated in rescue and recovery efforts at Ground Zero, the Pentagon and Shanksville, Pennsylvania. The bill will also allow for continuation of research into health conditions, such as cancers, that are 9/11-related. To date, the WTCHP has identified more than 60 types of cancer caused by exposure to the toxins at Ground Zero, the Pentagon and Shanksville. The bill will also allow for the continuation of the Victim Compensation Fund (VCF), established by the act. The VCF weighs proof of 9/11-related disability and proof of financial losses and makes an award to try to put the claimant in the same financial position they would be in had they not become disabled by the terrorist attacks.

WITH NEXT YEAR BEING AN ELECTION YEAR,THE NEED TO SUPPORT MEMBERS OF CONGRESS WHO SUPPORT THE MISSION AND VALUES OF THE FOP IS DIRE. The FOP fully supports this legislation. Six years ago, the Judiciary Committee played a significant role in passing the original Zadroga Act and the reopening of the VCF. There are fewer issues in the reauthorization bill than those in the original bill, which passed the 111th Congress. These issues can be resolved swiftly, and we urge the committee to move H.R. 1786. Partnership with ONDCP: Recently, President Obama announced a new initiative, led by the Office of National Drug Control Policy (ONDCP), to address the nationwide epidemic of prescription drug abuse and the use of heroin/opioids. He highlighted local, state and federal efforts, as well as private sector initiatives, with those who are addressing the epidemic on a daily basis. The FOP will be participating in this new initiative by providing our members with information about recognizing overdose symptoms. The American Society of Anesthesiologists, in partnership with the ONDCP, has provided an opioid overdose resuscitation card to over 400,000

law enforcement officers, and we urge our members to make it available in their agencies. The informational card provides easy-to-understand lifesaving techniques to help friends and family attend to someone suspected of an opioid overdose, and lists symptoms to look for. It also details stepby-step instructions for assisting a person suspected of an overdose prior to the arrival of emergency medical personnel. View the card on the next page. You can also download the card at https://www.asahq.org/ WhenSecondsCount/resources.aspx. In addition, the FOP will be working with the ONDCP and the administration to help train our members in the administration of naloxone by developing a webinar that we will debut next year. Watch the FOP website for the latest news on this effort! Support the National FOP PAC! For the FOP to represent its members in the most effective way possible, we started the National Fraternal Order of Police Political Action Committee (NFOP PAC). The NFOP PAC is the power behind our organization’s punch on Capitol Hill. The NFOP PAC strives to educate members of Congress about issues important to law enforcement and elect candidates who support them. We do this by promoting the FOP’s legislative priorities and providing the opportunity for individuals who are interested in the safety, health and occupational security of rank-andfile law enforcement officers to contribute to worthy candidates for federal office — candidates who believe in and have demonstrated their support for the principles to which the FOP is dedicated. The NFOP supports candidates and elected members of Congress who stand as staunch allies for what law enforcement supports and opposes, and gives a voice to the issues of rank-and-file officers. With next year being an election year, the need to support members of Congress who support the mission and values of the FOP is dire. “Your safety, your job security, and the well-being of your family will be profoundly affected by what happens in Washington in the coming years. The actions that you take now can help shape the future — and if you do not take them, you’ll have no one to blame but yourself for what the future brings.” — Late past National President Steve Young // FOR MORE INFORMATION, please contact the National Legislative Office at (202) 547-8189. FOP JOURNAL // DECEMBER 2015

LABOR NEWS / DIVISION OF LABOR SERVICES

Free Webinars Offered by the FOP

T

he FOP is always looking for new ways to assist and educate our members, and with today’s technology, we have the ability to bring some of our training straight to your home or lodge at no cost to you! Hosted and facilitated by the Division of Labor Services since 2011, these web-based seminars are offered to keep our membership informed about ongoing issues facing today’s police officers. Our research staff conducted a survey earlier this year regarding our webinar program, which received a record number of responses. Many new topics are being considered for future training based on the feedback we received. The Division of Labor Services is working with the Education Committee to expand our offerings to include even more of the information you need to help run your lodge and represent all FOP members!

How Do I Participate? Each live class is available to the first 1,000 members who register. All you need is a computer with an internet connection. If your employer will accept them, we even have downloadable certificates to use to fulfill in-service requirements (check with your agency for eligibility requirements).

Just the Facts: The FOP offers free online training for a variety of topics crucial to law enforcement. Resources at your fingertips include live webinars, video presentations and slideshows.

During the webinar, participants will have the opportunity to submit questions and comments to the presenter. If time permits, many of these questions can be answered during the webinar or may be sent to registered participants by email after the webinar concludes. Copies of the webinar slides are also made available after the webinar. What if I Can’t Attend at the Scheduled Time? Each webinar is archived and stored online, where you can access the replay at any time of day. Go to www.fop.net/ programs/education/webinars.shtml to access every webinar in this series dating back to 2011! This page links to YouTube videos of the entire webinar, as well as the slides and supporting materials for each presentation. Available replays include: • Use of Force • Substance Abuse Testing of Law Enforcement • Body-Worn Cameras: Privacy,

Professionalism and Protection • Garcetti v. Ceballos: Where Are We Now? An Updated Overview of Police Officers’ Right to Free Speech • Brady v. Maryland: Employment Implications for Police Officers • Grievances and Arbitration • Developing Future Leaders/How to Get Younger Officers More Involved • The Five Steps of Organizing • Public Safety Under Attack: The Ohio Experience • Critical Incidents How Do I Find Out More? To be added to the email list, ask questions or make suggestions for future webinars, send an email to [email protected]. Our staff will send an email to notify you every time a new webinar is scheduled. // WRITE TO US! You can reach the Division of Labor Services at 701 Marriott Drive, Nashville, Tennessee 37214; (800) 451-2711; or [email protected].

When Seconds Count The FOP is participating in a new initiative with the Office of National Drug Control Policy (ONDCP), to address the nationwide epidemic of prescription drug abuse and the use of heroin and other opioids. The informational card at right from the American Society of Anesthesiologists provides symptoms to look for and step-by-step instructions to help attend to someone suspected of an opioid overdose. The card is available for download at www.asahq.org/WhenSecondsCount/ resources.aspx. WWW.FOP.NET

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FOP LEGAL DEFENSE PLAN

Updates From the FOP Legal Defense Plan

I

t is hard to believe that fall is upon us, and the 100-year anniversary is in our rearview mirror. We want to thank everyone who attended our breakout sessions! They were very well attended, with great discussion about the plan and how it can assist lodges and individuals across the country. We want to provide an update to the Legal Defense Plan, some of the coverage enhancements, and information that is pertinent to the management of the plan. Enrollment update: As of August 31, 2015, the Legal Defense Plan has 48,713 active participants. We have seen significant growth, with some large lodges enrolling for civil and criminal coverage.

Just the Facts: The plan is seeing significant growth and offers new coverage enhancements. With the revamped website making enrollment easier than ever, you can’t afford not to explore legal defense coverage, particularly in the current environment.

The current environment has really piqued interest in the plan, with a lot of prospective new participants taking a more active role in obtaining information that will help them make an informed decision to join. We strongly encourage you to reach out to Hylant or visit www. foplegal.com for more information. Marketing Update Earlier this year, the plan launched its new and improved website. There is an abundance of information about the plan on the new site and easier navigation. Some of the new enhancements include online applications, marketing materials, a search engine for plan attorneys, and a PayPal option for paying dues. Look to this for real-time shared information about the plan. New brochures are also available, which reflect the new pricing effective May 1, 2015. If you would like to order a supply, please request the brochures from Hylant at (800) 341-6038. Coverage Change Reminders Civil monitoring: Monitoring of civil lawsuits will be available. If you are sued for money damages not covered by your employer (such as punitive damages), and your employer provides you a defense, the legal plan will pay for an attorney of your choice to monitor the case, as provided in the Board’s Standards for Attorney Monitoring. Off-duty administrative coverage: The $5,000 cap on administrative off-duty

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coverage has been eliminated. If using a plan attorney, there is no limit on any administrative off-duty coverage. Benefit limit for termination of temporary and probationary employees: Notwithstanding any other provision of this plan description, temporary or probationary employees serving at will who are terminated without any right of appeal during or at the end of the temporary employment or probationary period, for any reason or for no stated reason, shall be entitled only to legal defense costs for one informal Loudermill or similar nonadversarial meeting or hearing. Private college/university, private railroad, or Native American tribal government law enforcement employment: Coverage is available with some restrictions. Please refer to the plan description or the webpage for more information. As you know, you cannot pick up a paper or listen to the news without hearing of another police-involved situation. Litigation and public opinions regarding police actions are on the rise, and to not protect yourself legally would be doing a disservice to both you and your family. The FOP provides a true benefit that protects you in these situations. If you don’t have legal defense coverage, please do not waste another day without exploring it. It is as vital as the gun you carry or the vest you wear. We thank all of you for your ongoing support and commitment, and look forward to continuing to serve you in the future. Be safe out there! FOP JOURNAL // DECEMBER 2015

LEGAL COUNSEL / CHRISTINA L. CORL AND JEFFREY D. HOUSER

Body-Camera Legislation Attempts to Address Public Records Issues

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he use of body-worn cameras by law enforcement officers has been widely discussed as a means to enhance officer safety and public safety. Many state legislatures have moved to pass laws governing (and in some cases requiring) the use of body cameras by law enforcement officers. As more law enforcement agencies utilize body-camera technology, and more states move to pass laws about body cameras, an important question must be answered: How will body-camera footage be treated under public records laws? We have recently examined the treatment of this public records issue in those states that have enacted body-camera legislation. Following is a list of our findings so far. South Carolina: South Carolina became the first state in the U.S. to pass a law requiring every police department in the state to implement the use of body-worn cameras. However, the law specifically exempts the video footage from state public records laws. Oregon: Oregon law specifically requires that the faces of every person captured on police body cameras be blurred out. In addition, the camera footage is only subject to disclosure under public records laws if it is demonstrated that the footage is of “significant public interest.” North Dakota: North Dakota exempts from public records laws any police bodycamera footage that is not recorded in a public place. Therefore, for instance, any footage recorded inside of a home is exempt from disclosure under public records laws. Nevada: All video and audio footage recorded on police body cameras is considered a public record under Nevada law. Arizona: The newly passed law in Arizona directs that a commission be formed to examine the issue of the extent WWW.FOP.NET

Just the Facts: As body cameras become the norm, how that footage will be utilized under public records laws is being addressed differently state by state.

to which police body-camera video will be considered subject to disclosure under state public records laws. To date, the commission has not been formed. Texas: The Texas state law governing body cameras allows each local jurisdiction to draft its own policies governing whether camera footage will be subject to public records disclosure. Oklahoma: Oklahoma’s law exempts from public records disclosure any video camera or audio footage that depicts confidential informants, minors, nudity, domestic violence victims or personal information regarding “innocent people.” Florida: Florida’s law specifically exempts video recorded by police body cameras from the state’s public records law. Illinois: Illinois recently passed a law hailed by legislators as the most comprehensive body-camera legislation in the country. It provides that recordings gener-

ally will not be subject to the state’s open records law, unless they contain potential evidence in a use-of-force incident, the discharge of a weapon or a death. Connecticut: Connecticut’s recently passed body-camera law provides that body-camera recordings are generally treated as public records under state law, with special exemptions for situations in which officers are not permitted to intentionally record, such as within medical or mental health facilities, or during officer breaks. We will continue to monitor the body-camera issue, as it relates to public records laws and other matters affecting law enforcement officers. It is apparent that body cameras will eventually become the norm. State laws and law enforcement agency policies will need to move quickly to adapt to the implementation of this new technology.

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Taking Care of Our Own

T

he purpose behind taking care of our own has never been more evident than with the many events that have happened this year. Concerns over not only the safety of our law enforcement officers, but how the public will perceive how they perform their jobs, greatly impacts not only the law enforcement officer, but his or her family as well. Then there are the concerns of the officers who have been injured on the job and will be unable to return to work, whether for a short period of time or an indefinite period. There are many everyday issues that the officer and family must face. The Grand Lodge Auxiliary has created a new committee known as REACH. This committee will encompass the subjects of Rebuilding, Encouraging, Assisting, Caring and Healing, and will

identify where auxiliaries and their members can assist officers and their families with tasks that may be difficult while they are healing. The committee will develop procedures for various avenues of assistance in different types of incidents that auxiliaries can utilize to help families. We are very excited about this new committee, as we aspire to live our motto, “Never Let Them Walk Alone.” The Auxiliary is also determined to take care of our own by supporting and encouraging our National Auxiliary vice president, Sharri Daily, from Oklahoma. Sharri was severely injured in a terrible auto accident just a few weeks after the National Conference. Sharri survived several surgeries and was in intensive care for over four weeks. It will be many months before she will be able to return home to her husband, Chuck

Daily (a retired Norman, Oklahoma, police officer), and their children. The Auxiliary will be initiating fundraising projects to help the Daily family with the extensive medical and recovery expenses. Please help us take care of our own by donating to the fundraising requests you will be receiving. The Auxiliary stands, as always, in support of the Fraternal Order of Police and its members. We are ready and willing to assist wherever we can in support of the FOP family. Information about how your lodge can form an auxiliary to assist you can be obtained by contacting me or any one of our officers. The Grand Lodge Auxiliary endeavors to assure FOP and auxiliary members that we will “Never Let Them Walk Alone.” // WRITE TO US! Contact the National Auxiliary at [email protected] to learn more about oppor-

COMING SOON TO THE SPRING ISSUE OF

JOURNAL DISASTERS: The FOP Answers the Call HIGHER ED: Emergency Management and Homeland Security Emergency Kits and Disaster Prep Home Security and Protection

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tunities to support law enforcement families.

PRESIDENT’S MESSAGE Continued from page 8 >

issues in the administrative, criminal and civil arenas. The plan also has an HR 218 coverage program (included in the full coverage plan) that all members can enroll in for protection against claims while carrying their firearm under the federal law. Check out this benefit by accessing the FOP Web page and clicking on the Legal Defense tab. • Humana critical incident and accident coverage (and all other group insurance needs): These benefits can be accessed by calling the FOP Benefits Team at (855) 270-7785. Ask to speak to Carol Matthai at ext. 138. These highlight a number of programs that we have developed, and we will continue to seek out programs that benefit our members. Look for more products in the near future. FOP JOURNAL // DECEMBER 2015

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