broken is strong

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PRESIDENTIAL CANDIDATE QUESTIONNAIRE  //  P. 18

JOURNAL THE VOICE OF OUR NATION’S LAW ENFORCEMENT OFFICERS® SEPTEMBER 2016

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OUR HEARTS ARE

BROKEN

BUT OUR RESOLVE

IS STRONG IN MEMORIAM

DALLAS 7/7/2016 BATON ROUGE 7/17/2016

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TABLE OF CONTENTS

JOURNAL

SEPTEMBER | OCTOBER | NOVEMBER 2016

FEATURES

Candidate Questionnaire

See page 18

DEPARTMENTS

14

6 // President’s Message Selecting Our Candidate for President

7 // Vice President’s Message Continuing Our Commitment

8 // Secretary’s Message Throwing Fuel on a Fire and Then Cursing the Flames They Created

16

12

9 // Treasurer’s Message The Facts on Officer-Involved Shootings

10 // Second Vice President’s Message Why Do This Job?

11 // Secretary at Arms’ Message Looking Forward

27 // Legal Counsel Officers’ Right to Qualified Immunity Narrows

12 // Investing in Protection Body Armor Innovations Have You Covered

14 // Hidden Assets Backup Guns and Concealed Carry Holsters

16 // The Study of Crime

28 // Washington Report Continuing to Get Things Done in Troubled Times

30 // Labor News Narcan Administered by Law Enforcement Officers

Higher Education Programs in Criminology

18 // Presidential Candidate Questionnaire Positions on FOP’s Priority Issues WWW.FOP.NET

On the cover: Police officers salute during the funeral services for Officer Michael L. Krol, one of the five Dallas police officers killed in an ambush assault by a gunman on July 7, 2016. Photo by Larry W. Smith/EPA/Newscom.

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Editor-in-Chief Patrick Yoes Editor

Marquie Young

911MEDIA Staff Publisher Mark Deitch Associate Publisher Client Services Director Production Manager Senior Editors

Jordan Tolila Natalie Tolila Natasha Carleton Jenna Anderson Sarah Scott

Contributors

Patricia Carlson Anne Baye Ericksen

Art Designers

Adam Huntington DJ Riemersma Chad Rooney

Advertising Consultants Sales Assistants

Leslie Lueders Jennifer Tatkin Sandra Diaz Erika Godfrey

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].

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. 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®. 4

FOP JOURNAL // SEPTEMBER 2016

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PRESIDENT’S MESSAGE / CHUCK CANTERBURY

Selecting Our Candidate for President

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

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

I

t is time again for our members and our organization to take a hard look at the candidates standing for federal office and make a decision about which would best serve our nation and the interests of the Fraternal Order of Police. Our State Lodges and local lodges, of course, will make decisions about candidates for the U.S. Senate and House of Representatives, as well as a myriad of other races in their communities. The National FOP must evaluate the candidates for president of the United States and make an endorsement that reflects the preference of our membership. To aid in this endeavor, the FOP designs a questionnaire based on our top legislative priorities and gives it to the major parties’ presumptive presidential candidates. This year, only one of the candidates has responded. Please turn to page 18 for those answers, along with further details about the FOP’s endorsement process. I ask that you read this information thoroughly, and make sure your voice is heard by participating in your State Lodge’s process for choosing which candidate your National trustee will vote to endorse at the fall meeting.

Responding to Tragedy On July 7, a vicious killer who took the lives of five police officers in Dallas, Texas, changed the lives of their families and co-workers forever. The event was horrific, but the one thing that struck me was that our brothers and sisters continued to do their jobs serving a community that had

just dealt them such a serious blow. The officers I talked to in Dallas kept saying that the words of encouragement from their law enforcement family around the country kept them going. They also commented about the outpouring of love from the Dallas community. I witnessed this firsthand as I saw signs with such phrases as “We back the blue” and “We support our police,” and kids standing in 100-degree weather holding signs telling officers they loved them. Shortly after the tragedy in Dallas, our hearts were broken again. Three officers in Baton Rouge were gunned down in an ambush attack and two court security officers in Michigan were killed. The FOP has taken the forefront in calling for measures that will protect our members, and we will continue to fight to improve workplace safety. Our deepest condolences to the families and communities of the 32 officers who have been killed by gunfire this year to date, and we pray this violence stops. Brothers and sisters, in these times we must all understand that most of America still supports law enforcement, and we must continue to provide the best policing that we can and to keep faith that we are appreciated. I did not become a police officer for praise. I wanted to have a career that was fulfilling and rewarding, and because of the strength of our FOP family, I found that. My family and I have been rewarded by the friendships and caring that we have always seen in this profession. Remember, we don’t do this job for praise; we do it because we love it.

FOP Presidential Candidate Questionnaire Please turn to page 18 to read the candidate responses.

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Executive Board 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 ……………………………………………………………… Gene Leonard Georgia ………………………………………………………… Carlton Stallings 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 ……………………………………………………………… Harold West Minnesota ………………………………………………… Ruben Marichalar Mississippi ……………………………………………… Wilbur Chamberlin Missouri …………………………………………………………… Bill Albertson Nebraska ……………………………………………………… John Francavilla 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 // SEPTEMBER 2016

VICE PRESIDENT’S MESSAGE / JAY MCDONALD

Continuing Our Commitment // WRITE TO US! If you have further questions, contact Jay McDonald at [email protected].

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rothers and Sisters, As I write this, the heroes of Dallas are being laid to rest, and it was just a couple of days ago that two officers were killed in a Michigan courtroom. The families of those involved are just starting to come to terms with their terrible loss and how to move forward. Our police family is still grieving, and will be for some time to come. As we grieve, however, we remain committed to our job. The National FOP tweeted out this message after the terrorist attack in Dallas: “Our hearts are broken, but our resolve is strong. We will continue to protect and to serve.” Amen.

Not since the Black Panthers and others were targeting and murdering police in the 1960s have we witnessed such a cowardly attack focused on those who protect our communities. And when the bullets were fired during that protest in Dallas, those officers placed themselves between the shooter and the protestors. They ran toward danger to protect the very people who were just cursing their very existence. When it was over, we learned that five heroes were dead and seven others wounded, all targeted because they had been called to a life of public service defending the city of Dallas. We began to learn about their spouses and children. We learned about their prior service

as soldiers or as officers in other jurisdictions. We were, and still are, heartbroken. Fighting the pain, thousands of law enforcement officers went to work the next morning, despite the fact that they and their families did not know if these attacks on cops would continue and their city would be next. We went to work because we swore an oath to protect and serve our communities, and we are going to continue to do that to the best of our ability. Our resolve is still strong. My message is simple, but all-important: Please be safe! Please wear your vests and your seat belts. Please watch out for each other. Please pray for the fallen.

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SECRETARY’S MESSAGE / PATRICK YOES

Throwing Fuel on a Fire and Then Cursing the Flames They Created // WRITE TO US! If you have further questions, contact Patrick Yoes at (504) 234-4300, or [email protected].

S

eventeen police officers were ambushed in just 10 days in July, all because of the color of their uniforms. Their loyalty to their communities and chosen profession ultimately cost eight of them their lives. Five Dallas area police officers did not return home to their families on July 7; six more officers were fighting for their lives. On July 17, three Baton Rouge area officers were also murdered and three more were fighting for their lives. Why? Because they bravely chose to put on a police uniform and protect their communities. They did not pick their assignments that day, but they responded with honor and without hesitation. Their oath to protect and serve their communities gave them inner strength. We live in an amazingly tolerant society. Dedicated men and women put themselves in harm’s way every single day and offer protection to all — including, as

was the case that deadly night in Dallas, protecting some of the very people who would curse their existence. America’s police officers have demanding jobs full of danger and uncertainty. Yet we do our duty with compassion, professionalism and, at times, tremendous restraint. We freely admit that we are anything but perfect. All we ask is to be judged by the same set of rules as others. Constant and relentless verbal attacks directed toward police as a whole are creating an atmosphere that is empowering a growing segment of society to act on their hatred of the very people who hold a free society together. These attacks come from all levels of government and cater to the insatiable appetite of 24-hour news outlets. We police the laws that these leaders enact, and sometimes we are abandoned by these same leaders, who rush to judgment, often without considering any

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of the facts. Never once do they pause to think of the damage their words are inflicting. Yet they attend our funerals, cry tears and call us heroes. The American justice system is not without its flaws, but it is a far better and fairer system than any other in this world. It is based on respect and the rule of law, something we have lost sight of. There is no gray area. You either stand with the rule of law and those who maintain order or you are against the very core of a free society. With each fanning of the flames of hatred, they are unraveling the fabric of America. Leaders lead and offer constructive solutions to complex issues through collaboration with the citizenry they serve. When they fail to do this, we see chaos. Our elected leaders must focus their energy on sincere and constructive solutions rather than divisive practice. They don’t get to throw fuel on a fire, then curse the very flames they created. Yet that is what we see at all levels of government today. However, these public officials are not entirely to blame. The ability of everyone to broadcast their own prejudices over social media is also throwing fuel on the fire. This includes comments made by our own. Be demanding, even forceful, in identifying the root causes of this destructive environment for law enforcement in America, but always be respectful, tactful and factual. We all need to choose our words wisely. The most effective tool we have in our crime-fighting arsenal is the support of the people we serve. Dialogue is healthy; hateful comments only fan these flames. Stay safe, brothers and sisters in blue; you are faithful public servants, not public enemies. You make a difference. You are appreciated. You are what holds this country together. FOP JOURNAL // SEPTEMBER 2016

TREASURER’S MESSAGE / TOM PENOZA

The Facts on Officer-Involved Shootings // WRITE TO US! If you have further questions, contact Tom Penoza at [email protected].

A

fter spending almost my entire adult life as a police officer, I am disheartened by what is being said about law enforcement by many reporters and politicians. Numerous studies have been done, and crime stats vary from study to study because not everything is captured by the UCR system. The Washington Post has done an investigation that appears to have the most accurate information. Several college professors have also done studies that support the Post statistics. Facts on officer-involved shootings resulting in death in 2015: • In 75% of the cases, the officer or

someone the officer was protecting was under assault.

IN 75% OF THE CASES, THE OFFICER OR SOMEONE THEY WERE PROTECTING WAS UNDER ASSAULT. • In over 50% of the cases, the person shot was armed with a gun, in 16% they were armed with a knife or other weapon, and in 5% they tried to hit

the officer with their car. • 12% of all white and Hispanic homicide victims were killed by police. • 4% of all black homicide victims were killed by police. It seems that the claims from the Black Lives Matter movement are not based on facts, but on false and misleading internet feeds. The media hype this false narrative for their own personal gain. I encourage you to do your jobs as you took an oath to do, continue to treat all people with respect, but do your job with caution and watch each other’s backs. Make sure that you go home safely at the end of your shift.

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SECOND VICE PRESIDENT’S MESSAGE / LES NERI

Why Do This Job? // WRITE TO US! If you have further questions, contact Les Neri at [email protected].

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ear Brothers and Sisters, Words cannot express the sorrow, shock and sense of loss I feel for our brothers and sisters in Dallas. The officers who lost their lives on the deadliest day in law enforcement since 9/11 shall always be remembered for their courage, bravery and dedicated service to the Dallas community. At times like these, I know that I, and maybe some of you, question, “Why the hell would anyone do this job?” As I sat here thinking about this, I heard a familiar voice coming from my television. Not to date myself, but the voice I heard was that of Jack Webb from the old 1950s–1960s police television show called Dragnet. I was amazed at how the dialogue I was hearing actually hit on some of my thoughts and the conclusions I had come to recently. The following is that dialogue, which I took the liberty of slightly modifying to modernize it and apply it to the current state of policing: “Sometimes it’s awkward being a law

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enforcement officer. All at once, you lost your first name. To some you’re a cop, ‘five-O’, pig, racist, you’re poison, you’re trouble, you’re bad news. They call you everything, but never officer. “Sometimes being a law enforcement officer is not much of a life, unless you don’t mind missing family events such as birthdays, weddings or graduations because you are called in to work due to understaffing or for an emergency situation. Not unless you like working Saturdays, Sundays, holidays. Oh, the pay’s adequate. If you count your pennies, you might be able to put your kid through community college, but you better not plan on doing much else. “And then there’s your first night on the beat. When you try to arrest a drunk in a bar and end up in the hospital getting 10 stitches. And you’re going to rub elbows with all the elite: murderers, robbers, rapists, child molesters, pimps, addicts, thieves, liars and con artists. “And then there are the heartbreaks: underfed kids, beaten kids, molested kids, lost kids, crying kids, homeless kids, hitand-run kids, broken-arm kids, broken-leg kids, sick kids, dying kids and dead kids. The poor, the elderly that nobody wants, the homeless, the ones who walk the street cold and those who tried to keep warm but died in a $20 room with an unvented gas heater. “You’re going to do time in a patrol car. Oh, it’s gonna be a thrill a minute when you get an ‘unknown trouble’ call and hit a dark, secluded alley at two in the morning, never knowing who you’ll meet: a kid with a knife, a drug addict with a gun or two ex-cons with nothing to lose. And you’re going to have plenty of time to think. You’ll draw duty in a patrol car with nobody to talk to but your radio. You’ll learn to live with doubt, anxiety and frustration.

“Four years in uniform, you’ll have the ability, the experience and maybe the desire to be a detective. If you like to fly by the seat of your pants, this is where you belong. For every crime that’s committed, you’ve got thousands of suspects to choose from. Most of the time, you’ll have few facts and a lot of hunches. You’ll run down leads that dead-end on you. You’ll work all-night stakeouts that could last a week. You’ll do legwork until you’re sure you’ve talked to everyone in your community. People who saw it happen, but really didn’t. People who insist they did it, but really didn’t. People who remember and those who try to forget. Those who tell the truth and those who lie. You’ll run the files until your eyes burn. “And paperwork? You’ll fill out a report when you’re right, you’ll fill out a report when you’re wrong, you’ll fill one out when you’re not sure, you’ll fill one out listing your leads, you’ll fill one out when you have no leads, you’ll make out a report on the reports you’ve made. You’ll write enough words in your lifetime to stock a library. “You’ll learn to live with the district attorney, testifying in court, defense attorneys, prosecuting attorneys, judges, juries, witnesses and the person often forgotten by the system, but never by you — the victim. Sometimes, you’re not going be happy with the outcome.” However, there’s also this: There are 330,000 members of the Fraternal Order of Police who know that being a law enforcement officer is often an endless, unglamorous, thankless job that must be done. They also know that we are the thin blue line that separates a peaceful society from those who would do it harm. I know it too, and I’m damn glad to be one of them.

FOP JOURNAL // SEPTEMBER 2016

SERGEANT AT ARMS’ MESSAGE / ROGER MAYBERRY

Looking Forward // WRITE TO US! If you have further questions, contact Roger Mayberry at [email protected].

I

t’s time to start planning for upcoming training. I know it seems like a long way off right now, but the end of the year will be here before you know it. We are having a Collective Bargaining class in Las Vegas in the first week of December. Looking ahead to 2017, we have the Labor Coalition in Florida in January, and in February there will be Leadership Matters in Nashville, Labor Summit in Las Vegas, Legal Seminar in Las Vegas and the Day on the Hill. Don’t forget that your lodge or someone from your lodge may be able to obtain a scholarship to attend one of the training sessions. All of these are important, but we understand that you can’t attend them all, so decide what

your lodge needs the most and come on out, meet some new friends in the FOP and see some old friends. Election Day is coming, and I know you, like me, will be glad when it’s over. Let’s just hope that we have the right people elected at the local, state and national levels of our government, who have the best interests of public safety and our great United States foremost in their hearts and work to get us back on a straight line to success. Remember, when you go to the ballot box, vote for those who work for us and care about our issues. Friendship is one thing, but leadership is making the hard choices for what we stand for. God bless, and stay safe.

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These body armor innovations have you covered.

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ith line-of-duty deaths by gunfire up 83% in the first seven months of 2016,

protecting yourself is more important than ever, and the old excuses for not donning a ballistic vest — uncomfortable, too warm, bulky — just don’t carry weight anymore. Twentyfirst-century advancements in fabric, construction, materials and strength mean there’s a type of body armor available to suit every need. But with so many options to choose from, it’s important to carefully consider fit and the types of threats that you encounter most frequently in order to find the vest that’s best for you. Here’s a sampling of the latest protective products for patrol officers, all highly rated by the National Institute of Justice (NIJ), the research, development and evaluation agency of the United States Department of Justice.

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Concealable and Cool

ANGEL ARMOR RISE FEMALE LEVEL IIIA PREMIUM

The future of ballistic carriers is already here. The P1 Covert Carrier from the Safariland Group is so ergonomically friendly and ultra-lightweight, it doesn’t even feel like a vest. Every detail is a testament to design and performance excellence. Features include four-way stretch ripstop shell fabric, removable contoured stretch straps, strategically located Velcro channels for adjustability and easy fastening, front and back plate pockets, and a Luxicool cooling space mesh liner to reduce temperatures by 3 to 4 degrees Fahrenheit for ideal comfort in intense situations. MSRP not available.

Female officers in need of a concealable soft body armor carrier turn to RISE from Angel Armor because it offers unparalleled fit, comfort and versatility for women. A fully adjustable cummerbund system allows the vest to hug the body in the places that need it most. Customizable armor ensures a superior, tailored fit, while a concealed internal front plate pocket accommodates multiple plate sizes and allows for quick vertical adjustment. Also available in male models, RISE takes protection to a higher level. MSRP $1,479 (law enforcement only).

SAFARILAND P1 COVERT CARRIER

Seven-Point Security

FOP JOURNAL // SEPTEMBER 2016

POINT BLANK ALPHA ELITE Military-Grade Armor

ARMOR EXPRESS TEX 10 K-9 VEST

Protect Your Partner Armor Express protected more than 1,000 K-9 teams in 2015, and its TEX 10 vest offers outstanding functionality without compromising comfort and mobility. The armor provides maximum coverage for a dog’s vital organs and comes in multiple sizes to fit a range of breeds. Three buckles help ensure a proper fit and make it easy to put on and take off. Extra features include MOLLE webbing to attach flashlights or tracking devices, two D-rings for short or long leads, front and side ID badge attachment points, and a wireless camera mount. Three-dimensional spacer mesh lining helps keep your canine cool. MSRP not available.

If it’s good enough for our armed forces, it’s good enough for our nation’s law enforcement officers. That’s the working theory behind the Alpha Elite Series ballistic systems from Point Blank Enterprises. Shown here inside the Elite concealable body armor vest, the Alpha Elite armor (AXII and AXIIIA models) relies on military-grade Dyneema Force Multiplier Technology to reduce ballistic threats. Point Blank engineers found this material to be extraordinarily effective against fragmentation and superbly efficient at absorbing impact energy. The Elite vest features top-loading combo plate pockets that accommodate 5”-by-8” trauma inserts as well as 6”-by-8”, 7”-by-9” or 8”-by-10” plates in front and back. MSRP $1,373 (AXII); $1,578 (AXIIIA).

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Beretta Px4 Storm Compact PETITE POWER The Px4 Storm Compact is yet another addition to Beretta’s Px4 series, known for its rugged components and reliable assembly. What sets this model apart is its small size, measuring less than 7 inches long and weighing in at only 27.3 ounces unloaded. The cold hammer forged barrel supports precision firing, and the rotary barrel system reduces recoil. MSRP $650.

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hether you’re working undercover, packing a backup gun on duty or carrying a concealed weapon for personal protection off duty,

there are many situations where you might not want to broadcast the fact. That’s when a compact firearm, safely stored in an unobtrusive yet easily accessible holster and masked by well-designed clothing, comes in handy. More and more manufacturers are expanding their catalogs to include trim, lightweight and concealable options that blend functionality with everyday comfort. Check out

Blackhawk! A.R.C. IWB Holster COMFORT IN CONCEALMENT The Blackhawk! Appendix Reversible Carry (A.R.C.) Inside the Waistband (IWB) Holster allows for maximum comfort without sacrificing utility. A passive-retention system allows users to adjust the friction to their specifications. This versatile holster can be worn on either hip as well as in the appendix carry position, and comes with two cant and ride-height adjustment clips. MSRP $22.45.

some of their newest and most popular designs. 14

FOP JOURNAL // SEPTEMBER 2016

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15

THE STUDY OF CRIME

Higher education in criminology investigates causes, effects and prevention.

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or the general public, the primary purpose of policing is to enforce the laws. Of course, those working in the field know that criminal cases aren’t always clear-cut whodunits. Officers and detectives must consider an array of factors — for example, victimology may play a role in an investigation, and a community’s cultural or economic characteristics can influence a case. The study of these broader forces is criminology, which combines principles of psychology, sociology and law to scientifically examine

FOP MEMBER INSIGHT “There are a variety of classes offered for the degree. The leadership development courses I have really enjoyed; they have been tremendously helpful. There are also classes on gender and crime. [They] dissect gender roles in crime, such as domestic violence or targeting females as perpetrators.” — Florida Lodge #530 member Detective Ruth Litt, Jacksonville Sheriff’s Office, B.S. in Criminology and Criminal Justice student at Arizona State University

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criminal behavior, the justice system and crime prediction and deterrence. Understanding how these dynamics affect the job of law enforcement professionals helps to improve individual, agency and government responses to crime. A degree in criminology can prepare you for a leadership role in your department or a specialized position researching and analyzing data as a criminologist, as well as offering the potential to influence policymaking or teach the next generation of peace officers.

Arizona State University www.asu.edu Degree: Bachelor of Science in Criminology and Criminal Justice Course sampling: Introduction to Corrections, White Collar Crime Why choose it? Students benefit from experienced professors who are highly regarded in their fields, as well as input from subjectmatter experts who continue to practice professionally. Topics covered include gangs, fraud, corrections and courts.

Faculty insight: “Students working within law enforcement have the opportunity to interact with scholars familiar with the realities of domestic violence, sex crimes, domestic and international terrorism, homeland security, white collar and organized crime, sophisticated money laundering, gangs and narcotics investigations.” — Rebecca Loftus, Ph.D., academic program manager and director of Israel Counterterrorism Study Abroad Program

FOP JOURNAL // SEPTEMBER 2016

Florida State University

FOP MEMBER INSIGHT “Criminology helps us evaluate what we do, how we do it and why we do it. For example, we

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read essays from incarcerated people about why

Degree: Master’s in Criminology

they’re [in prison]. It was enlightening. [Incar-

Course sampling: Applied Statistics in Criminology, Prevention and Treatment of Crime and Delinquency

ceration] can take a family down an economic rung, and they may never recover.” — Florida Lodge #27 member Major Ronald W. McMullen, Special Operations Division, Tampa Police Department, Online Master’s in Criminology student at Florida State University

Tiffin University www.tiffin.edu Degree: Master of Science in Criminal Justice, Criminal Behavior Concentration Course sampling: Mental Health Law in Criminal Behavior, Criminogenic Psychopathology

students to dissect crisis interventions, understand psychopathology and finetune research methods. NFOPU Offered only through online CONSORTIUM SCHOOL courses, the concentration is formatted to allow enrollees to finish in three semesters.

Why choose it? This program brings together faculty with years of practical and operational experience and students who are working professionals, creating a collaborative learning environment. The criminal behavior concentration empowers

Faculty insight: “Educated officers typically are exposed more to a diverse society and demonstrate better reading, writing, critical thinking and retention skills.” — Kevin Cashen, CLEE, dean, School of Criminal Justice and Social Sciences

Regis University www.regis.edu Degree: Master of Science in Criminology Course sampling: Contemporary Issues in Criminology, Cyber Criminology Why choose it? Students can complete this graduate-level degree in 24 months by taking at least one course each eight-week academic period. Curriculum

emphasizes analytical techniques to better predict and prevent crime, as well as to develop policing policies. Faculty insight: “In lieu of the thesis or capstone paper, we offer students an internship. One student recently took an internship with the Colorado Bureau of Investigation (CBI). They were so impressed, they hired her. ” — Don Lindley, Ph.D., associate professor

Why choose it? Online classes are crafted to provide the same caliber of educational opportunities offered to on-campus students. Coursework covers a breadth of topics, such as the effect of race and ethnicity on the justice system or how to incorporate organizational theories. Faculty insight: “We view our online programs as extensions of our on-campus programs. Plus, to save our distance-learning students time and money, there are no Graduate Record Exam requirements and no out-of-state tuition fees.” — Kevin Beaver, Ph.D., director of distance learning

California State University, Fresno www.fresno.edu Degree: Bachelor of Science in Criminology Course sampling: Crime and Violence in America, Directed Policing Why choose it? Enrollees select one of four concentration options: victimology, corrections, law enforcement or forensic behavioral sciences. Working professionals can attend the off-campus program, which offers online classes and in-person receptions where faculty, administrators, students and alumni network. Faculty insight: “We work with various law enforcement agencies through federal grants, and it’s very valuable for our students to get to interact with professionals who present to the court or district attorney’s office or juvenile justice [agencies].” — Harold Otto Schweizer, Ph.D., professor, law enforcement option coordinator and interim internship coordinator

For more information about schools and specialized programs designed to help you succeed, visit

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17

PREFACE TO CANDIDATE RESPONSES By Chuck Canterbury, President, National Fraternal Order of Police

T

he most recent Standing Resolution of the Grand Lodge provides that the National president and vice president will appoint a U.S. Presidential Screening Committee. This has been done. Both campaigns were provided with a presidential screening questionnaire developed with the cooperation of the National Legislative Office. The responses to the questionnaire are provided to the members via the FOP Journal, as well as electronically through our website and other platforms. The Trump for President campaign returned a completed questionnaire, but the Clinton campaign declined to do so and has not provided a reason or explanation as to why they are not seeking the endorsement of the FOP. This lack of response came in spite of repeated requests and reminders, both in writing and by telephone. Prior to the fall meeting of the National Board of Trustees, the members of the Screening Committee traditionally meet with the candidates who completed the presidential questionnaire. That having 18

been said, in a previous election cycle in which one candidate declined to complete our questionnaire, the Screening Committee opted not to meet with either campaign and let the completed and uncompleted questionnaires speak for themselves. This, however, is only part of the process. Each State Lodge has (or should have) a process by which the members of the local lodges within it convey their preference for a candidate to their National trustee. It is important that each member know about their State Lodge’s process for instructing their National trustee, so that all FOP members can meaningfully participate in this process. Following each State Lodge’s evaluation of the candidates for president, the National trustees will consider the report of the Screening Committee at the fall meeting of the National Board of Trustees and a formal vote on the endorsement will be taken. Each trustee must cast a vote for a candidate or for “no endorsement.” A candidate who receives a two-thirds majority of the votes by the National Board of Trustees receives the endorsement of the

National Fraternal Order of Police. The Fraternal Order of Police is the oldest, largest and most influential organization of law enforcement professionals in the United States. As such, we play a prominent role in the formation of national law enforcement policy. The endorsement of the FOP is a statement to the nation as well as our members that our aims and goals — an emphasis on officer safety, fair treatment for law enforcement as public employees and tough anti-crime measures — are the same as our candidate’s, and that we believe our candidate will best serve the interests of the law enforcement community. It is important to recognize that there is not and never will be a candidate with whom we will agree 100% of the time. Our goal here is to carefully and deliberately review the candidates, their responses and their history on the issues that matter to us, and then make an informed decision as to which would best serve the interests of our fraternity. When that decision is made, that candidate will receive our active and enthusiastic support. FOP JOURNAL // SEPTEMBER 2016

FOP SPECIAL / PRESIDENTIAL CANDIDATE QUESTIONNAIRE

Presidential Candidate Questionnaire Donald J. Trump for President, Inc. Questionnaire, Fraternal Order of Police The following questionnaire prepared by the National Legislative Office is being provided to the Presidential Screening Committee at the direction of National President Chuck Canterbury. The following is a brief summation of the top legislative priorities of the Fraternal Order of Police:

Social Security issues: Support H.R. 973/S. 1651, the “Social Security Fairness Act,” and Oppose Mandatory Participation in Social Security The FOP strongly supports the repeal of both the “Windfall Elimination Provision” (WEP) and the “Government Pension Offset” (GPO). The FOP vehemently opposes legislation which would mandate participation in Social Security for public employees or new hires who are currently outside the Social Security system. Support H.R. 2254/S. 2946, the “Law Enforcement Officers’ Equity Act” The FOP strongly supports legislation expanding the definition of “law enforcement officer” for salary and retirement benefits to include all Federal law enforcement officers. Support the “Public Safety EmployerEmployee Cooperation Act” The FOP strongly supports legislation which would guarantee the right of public employees to bargain collectively with their employers over hours, wages, and conditions of employment. The goal of this legislation is to have each State pass a law providing minimum collective bargaining rights to their public safety employees and outlines certain provisions to be included in those laws. Strikes and lockouts would be prohibited and States with collective bargaining laws already on the books will be exempt from any Federal statute. WWW.FOP.NET

Support the “State and Local Law Enforcement Discipline, Accountability and Due Process Act” The FOP strongly supports a “bill of rights” for law enforcement officers who are, in a number of jurisdictions, denied their due process rights by police administrators and management in noncriminal proceedings. There is a need for a minimum level of procedural protections for law enforcement officers accused of administrative wrongdoing because of the gravity of potential harm to officers created by this lack of uniform safeguards. SECTION ONE: EMPLOYEES’ RIGHTS ISSUES 1. The Fraternal Order of Police strongly supports H.R. 973/S. 1651, the “Social Security Fairness Act,” which would repeal both the “Windfall Elimination Provision” (WEP) and the “Government Pension Offset” (GPO) in current law. The WEP penalizes certain public employees who also worked in the private sector and paid into the Social Security system, through a substantial reduction in their benefits because they also collect a government pension. The GPO provision in current law causes the reduction or elimination of the spouse’s or widow(er)’s benefit from Social Security by two-thirds of the monthly amount received from the government pension. Are you or have you ever cosponsored of this legislation? If elected, will your Administration actively support its enactment and will you sign the bill if it is passed by Congress? TRUMP: As I have never been elected to office before, I have not sponsored or co-sponsored any legislation. The actions you are asking me to support are those that should be considered by Congress without the interference or influence of the President or others in the executive branch. We have, in this country, had far too much

of imperialism in the chief executive. Congress, which represents the people, should do their jobs. If the legislation comes to my desk with bi-partisan support, I will sign the legislation as long as it does not burden taxpayers with costs not otherwise anticipated or for which we have not budgeted.

2. In the past few years, politicians at the Federal, State and local level have demonized public sector unions — including unions representing law enforcement officers. Law enforcement officers, who put themselves in harm’s way to protect their neighborhoods and communities, are being held up as objects of scorn and ridicule by these politicians who cite the cost of their hard-earned pensions and benefits as the reason for the government’s fiscal woes. What will you and your Administration do to halt these politically motivated attacks on public safety unions and how will your Administration bolster these organizations? TRUMP: I have the utmost respect for organizations, public and private, and the right to collectively bargain. However, it is not the role of the President to involve him- or herself in activities at the local or state level. There are ample elected representatives and plenty of state laws that govern the collective bargaining process at those levels. The executive branch of the federal government has to deal with public unions at that level and should not be involved in government business where there is no Constitutional authority.

3. In 2001, the Commission to Strengthen Social Security (CSSS) issued a report which rejected a scheme to mandate participation in Social Security for newly hired State and local government employees currently outside the Social Security system. Continued > 19

FOP SPECIAL / PRESIDENTIAL CANDIDATE QUESTIONNAIRE

Will you pledge to oppose any plan and veto any legislation which includes a provision mandating participation in the Social Security system for either current or newly hired State and local government employees that do not currently participate in Social Security? TRUMP: The national government — Congress or the President — should not interfere in state and local activities. Agreements struck at those levels that do not violate the Constitution should be left alone by those at the federal level. This includes rule makers and non-elected members of the executive branch.

4. The Fraternal Order of Police strongly supports legislation which provides minimal collective bargaining rights for public safety employees (i.e., law enforcement officers and firefighters). What is your position on public employee collective bargaining? In the 111th Congress, the FOP strongly supported H.R. 413/S. 1611, the “Public Safety Employer-Employee Cooperation Act.” If elected, will your Administration actively support the enactment of similar legislation and will you sign the bill if it is passed by Congress? Would you also support similar provisions that would allow uniform and non-uniform Federal law enforcement officers to unionize and engage in collective bargaining? TRUMP: The President does not have Constitutional authority to interfere in matters that are to be decided and adjudicated at the state or local level. I respect the right of organizations to engage in collective bargaining if that is what is determined to be in the mutual interests of both sides. This should be applied at the local, state and federal level.

5. The Fraternal Order of Police strongly supports legislation which would articulate the rights of law enforcement officers who are, in a number of jurisdictions, denied their due process rights by police administrators and management. If elected, will your Administration actively support its enactment and will you sign the bill if it is passed by Congress? 20

TRUMP: It is beyond the Constitutional purview of the President to interfere in state and local matters. It should also be beyond the enumerated powers of Congress to pass legislation that deals with local and state government matters. We have had far too much of that in recent administration. The best government is that which is closest to the people.

6. The Fraternal Order of Police strongly supports H.R. 2254, the “Law Enforcement Officers Equity Act,” which would expand the definition of “law enforcement officer” under the Civil Service Retirement System and the Federal Employees Retirement System to include all Federal police officers as well as Customs and Immigration Inspectors. What is your position regarding the current disparity in the pay and benefits provided to law enforcement officers across the Federal government and what measures will you support to ensure parity among the Federal government’s public safety officers? If elected, will your Administration actively support its enactment? Will you sign the bill if it is passed by Congress? TRUMP: If Congress passes legislation that will level the playing field for all federal law enforcement officers and the legislation is bi-partisan, I will consider signing the legislation into law if it is in the best interest of America and all Americans.

7. The FOP is strongly opposed to legislation reducing pay and benefits for our Federal law enforcement officers who put their lives on the line every day. If elected, will you pledge to oppose and, if necessary, veto legislation like H.R. 1137, the “Paid for Progress Act,” which slashes salaries for Federal employees? TRUMP: I will support, or oppose as the case may be, legislation that is not in the best interest of America and Americans. Any legislation that reaches my desk that does pass this simple test will not be signed.

8. The Patient Protection and Affordable Care Act includes an excise tax on high cost employer-sponsored health coverage. Even though this tax is levied

against the insurance provider and the tax does not go into effect until January 2020, the provision is strongly opposed by the Fraternal Order of Police because it could result in a decrease in the quality or increase the cost of plans for law enforcement officers. The provision imposes a forty percent (40%) tax to premiums above $27,500 for family plans and $10,200 for individuals. (For example an individual plan worth $11,200 would pay a $400 tax.) There is an increased threshold for employees engaged in high risk professions, which includes law enforcement, of $3,000 for family plans and $1,350 for individual plans. Essentially any plan for a law enforcement officer that is under $30,500 (for a family) or $11,550 (for an individual) would be exempt from the tax. Also, the thresholds are indexed to increase at the rate of inflation. As President, what steps will you take to repeal this tax and will you pledge to oppose any direct or indirect tax on health plans? TRUMP: I have pledged to work to repeal the Affordable Care Act and replace it with initiatives that are market-driven and citizen friendly. I am also working on tax reform that will put more money in people’s pockets and that will bring millions of jobs back to America. I will support only that legislation that is best for America and Americans.

9. The Fraternal Order of Police strongly supports the use of Defined Benefit (DB) pension plans for public employees and is concerned that these plans are under fire at the State and local level in favor of Defined Contribution (DC) plans which do not have guaranteed benefits for retirees. Many State lawmakers have proposed legislation which would replace existing Defined Benefit plans with Defined Contribution plans, thereby reducing retirement benefits for employees. What is your position in respect to Defined Benefit and Defined Contribution plans and how might your Administration address this issue at the Federal level? FOP JOURNAL // SEPTEMBER 2016

FOP SPECIAL / PRESIDENTIAL CANDIDATE QUESTIONNAIRE

TRUMP: The federal government should have no role, nor should it interfere, in state and local collective bargaining arrangements. To ask that state and local activities be elevated to the national level would require activities outside those allowed by the Constitution. That I will not do.

10. One of the newer pieces of equipment available to law enforcement is a Body-Worn Camera (BWC). It can be used as a valuable investigative and evidencegathering tool, but it is also important that the officer’s privacy, when he is on break or interacting with his collective bargaining representative, be protected. It would be an abuse of this important tool, too, if law enforcement supervisors were to search through video footage in an effort to discredit an officer or his record. The FOP recognizes that these issues and policies must be worked out at the agency level but will your Administration pledge

to set an example and ensure that Federal law enforcement agencies who choose to deploy BWCs have protections in place for officers especially when interacting with their bargaining unit?

Trade Policy. We were also involved in an effort to evaluate a law enforcement training program in Iraq. As President, how will you involve and consult with our leadership relating to labor issues?

TRUMP: The federal law enforcement agencies that will be using Body-Worn Cameras will do so with the proper balance between good management and protection of privacy. Abuse of power is never tolerated, whether such actions are taken by individual officers in the performance of their duties or by supervisors following up on procedure and protocol.

TRUMP: The FOP will always have a place at the table when discussing policing and public safety in the United States or wherever we might be involved. SECTION TWO: CRIMINAL JUSTICE ISSUES 1. Law enforcement is facing a high level of hostility from the communities we protect and serve. Hateful rhetoric and those calling for violence are having an impact — ambush attacks on law enforcement and police shootings have spiked tremendously in the past few years. Fringe organizations have been given a platform by the media to convey the message that

11. The Fraternal Order of Police is the largest labor organization representing this country’s law enforcement professionals and, as such, we have been involved with the Administration on a wide range of labor issues, including serving as a member of the Labor Advisory Council for Trade Negotiations and

Continued >

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FOP SPECIAL / PRESIDENTIAL CANDIDATE QUESTIONNAIRE

police officers are a “militarized” enemy and it is time to attack that enemy. Social media accounts are full of hatred and calls to target and kill police officers. The vitriol, the hateful screeds and statements of those we are sworn to protect and defend, as well as public calls to kill and injure police officers, are horrifying. There is a very real and very deliberate campaign to terrorize our nation’s law enforcement officers and no one has come to our defense. How will you and your Administration demonstrate support and commitment to our nation’s law enforcement officers? TRUMP: I have been unwavering in my support of law enforcement officers across this country. I will work tirelessly to build strong communities where local citizens and law enforcement officers will have the tools to build stronger bonds and greater security for everyone. As much as federal agencies can provide support for stronger communities, I will commit

every asset at my disposal to make America and Americans safer and more secure.

2. Following the assassinations of New York City Police Officers Rafael Ramos and [Wenjian] Liu, the FOP called on the Congress and the Obama Administration to expand Federal hate crimes law to protect law enforcement officers. At this writing, a House bill, H.R. 4760, has been introduced. Will you pledge that your Administration will work with the FOP and Congress to enact a bill like H.R. 4760? TRUMP: Hate crimes across the board should be examined and legislation brought up to date. It is far too easy for the rhetoric to outstrip the actions of otherwise responsible individuals on all sides of this argument. If Congress sends bi-partisan legislation to me that provides a more comprehensive understanding of

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what hate crimes might be, I will gladly sign that legislation.

3. The FOP supports legislation that would increase the penalties for threats and violence against law enforcement officers, judges, and courtroom personnel — including making the murder or attempted murder of a law enforcement officer employed by an agency that receives Federal funds a capital offense. The legislation would also impose time and other substantive limits on Federal courts’ review of habeas corpus petitions challenging a State court conviction for killing a law enforcement officer, judge, or other public safety officer and incorporate an existing provision of the Federal habeas statute that is used to determine whether a defendant may file a successive petition or seek a new evidentiary hearing in Federal court. If elected, will your Administration actively support such legislation and will you sign the bill if it is passed by Congress? TRUMP: To federalize crimes against all law enforcement officers would be the same as federalizing those agencies and making local and state law enforcement officers extensions of federal law enforcement. This is not the structure of government that was intended at the founding. However, I will advocate for stronger penalties at the federal level for any attacks on federal law enforcement officers. As President, I cannot advocate for changing the federalism balance in so sensitive an area.

4. The Fraternal Order of Police supports legislation that would limit the amount of damages a criminal defendant could recover as a result of injuries that the criminal incurred in the course of committing or being apprehended for a felony or a crime of violence. Would your Administration support such legislation if it were introduced? Will you pledge to sign such a bill if it is passed by Congress? TRUMP: I will sign into law any legislation that is in the best interest of America and Americans. FOP JOURNAL // SEPTEMBER 2016

FOP SPECIAL / PRESIDENTIAL CANDIDATE QUESTIONNAIRE

5. For what crimes do you believe that the death penalty is appropriate? TRUMP: Existing law already prescribes penalties at the federal, state and local level. The legislative process will determine what crimes will have a death penalty attached.

6. How will you and your Administration guarantee that the Fraternal Order of Police and the interests of its members are represented on the First Responder Network Authority (FirstNet) and on the advisory councils of the Federal Communications Commission which oversees FirstNet? TRUMP: Law enforcement will always have a place at the table when those interests are part of the stakeholder community involved.

7. The Fraternal Order of Police was a

major participant in the President’s Task Force on 21st Century Policing. Unfortunately, the Task Force did not have a rank-and-file representative but the FOP supports many of the recommendation in its final report. What will your Administration do with the recommendations and will you pledge that your Administration will include the views of rank-and-file officers in future studies? TRUMP: My administration will study the plan and will bring forward those initiatives that are in the best interest of America and Americans. We will also make sure that in the future, law enforcement rank and file members from all levels of government will be involved in actions and decisions to be made by my administration.

8. The FOP has long been concerned about foreign governments providing shelter for criminals who commit murder or other serious violent crimes in this

country, and subsequently flee to another. The FOP strongly opposed normalization of relations with Cuba until this issue is resolved, but travel restrictions that were in place for decades have recently been relaxed and the current Administration is intent on “normalizing” our relations with Cuba. We have been equally critical of other governments, including France, Israel, and Mexico, on this same point. At the FOP’s Biennial National Conference in 2007, our membership adopted a resolution urging the President of the United States and the Congress to take any and all measures necessary to enforce the 1978 Extradition Treaty made between the United Mexican States and the United States of America, “including, but not limited to the cancellation or renegotiation of the Extradition Treaty” and imposition of sanctions “including but not limited to rescinding all financial aid and support to that Government and any and all Continued >

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FOP SPECIAL / PRESIDENTIAL CANDIDATE QUESTIONNAIRE

benefits afforded to that Government under the North American Free Trade Agreement” to ensure that those who commit crimes of violence in the United States are extradited and prosecuted under the laws of the United States. What steps will you and your Administration take to place pressure on Cuba, Mexico and other foreign governments that provide safe harbor for those who commit crimes of violence in the U.S.? Will you pledge to make sure that your Administration fully addresses the issue of extradition of existing and future fugitives when considering agreements with foreign governments? TRUMP: My administration will pursue those individuals who commit crimes in America to the farthest reaches of the earth. Those criminals will be returned to the United States to face the legal system as established in our Constitution and our laws. We will pursue this goal with whatever actions are required.

9. “Racial profiling,” once a political buzzword and a favorite topic of the media, disappeared from the headlines following the attacks on the United States on 11 September 2001. The FOP has condemned the practice and asserted that it is not the policy of any U.S. law enforcement agency to base enforcement decisions solely on race. However, legislation like H.R. 1933/S. 1056/S. 1610, the “End Racial Profiling Act,” continues to be introduced in Congress. How do you define “racial profiling”? Do you believe that Federal legislation is necessary to address this issue and if so, what would the legislation do and how would affect law enforcement activity at the State and local level? TRUMP: Civil rights legislation should be advanced if there is a clear need for edification of certain civil rights that are being violated. Current law and judicial precedent provide a great deal of civil rights protection. This process needs to be fulfilled in Congress first. I will determine if I will sign such legislation, if it reaches my desk, based on what is best for America and Americans. 24

10. Would your Administration impose race-collection criteria on Federal law enforcement officers during enforcement actions? TRUMP: Law enforcement, regardless of level, should be aware of the circumstances. If race collection activity is determined to improve policing and other activities, then that should be part of the protocols officers use. This should be determined by the management and elected officials to whom the officers report. At the federal level, that is Congress and the agency heads in the executive branch.

11. Federal funding for State and local law enforcement is a very real concern, especially given the increased homeland security responsibilities of State and local agencies and the impact of deep cuts to our most critical programs in the past two years. How will you work to restore full Federal funding for traditional law enforcement programs like the hiring program administered by the Office of Community Oriented Policing Services, the Edward Byrne Memorial Justice Assistance Grant (Byrne-JAG) programs, the State Criminal Alien Assistance Program (SCAAP), and the Bulletproof Vest Partnership (BVP) program? TRUMP: Funding priorities are to be determined by cooperation between the executive branch and the Congress. If these programs are determined to receive increased funding and we are still able to reduce the deficit, balance the budget and begin to buy down the federal debt, then they will receive the attention they deserve.

12. As a result of an increased awareness of the potential for DNA analysis evidence to help solve criminal cases, the demand for DNA testing continues to grow nationwide. Crime laboratories now process more DNA than ever before but their expanded capacity cannot meet the increased demand. In August of 2015, according to the Federal government’s best estimates, there are at least 350,000 DNA samples from murder and rape cases that

remain untested. The Fraternal Order of Police supports legislation such as S. 2348, the “Rapid DNA Act,” that will help prevent adding even more cases to the already overwhelming backlog. What steps will you take as President to present a resolution to this continually expanding issue? TRUMP: If such bi-partisan legislation reaches my desk, I will sign it into law.

13. Several organizations and many fringe groups have accused State and local law enforcement agencies receiving Federal assistance through the 287(g) program of using these funds to “target communities of color, including disproportionate numbers of Latinos in particular places, for arrest.” The FOP rejects these assertions as hateful and counter to the law enforcement mission. The 287(g) program is a powerful example of a successful cooperative effort between State and local law enforcement and the Federal government. For State and local agencies, the Federal resources provided by the program allow them to pursue investigations relating to violent crimes, human trafficking, gang/ organized crime activity, sexual-related offenses, narcotics trafficking and money laundering. It also allows the Federal government to tap into the resources and capabilities of State and local agencies to identify and remove serious and violent criminals who have illegally entered the United States. Would your Administration continue to support or expand this program? TRUMP: As one of my principal campaign issues has been enforcement of immigration law, I will work to ensure that the 287(g) program is adequately funded so that state and local law enforcement agencies might partner with federal authorities in apprehending and detaining those who are in this country illegally. This program ought to be a model of how state and local authorities cooperate with federal authorities to make America and Americans more secure.

14. True immigration reform requires action by the Federal government. The FOP JOURNAL // SEPTEMBER 2016

FOP SPECIAL / PRESIDENTIAL CANDIDATE QUESTIONNAIRE

FOP believes that any legislation reforming our nation’s immigration system must provide for greater security at our nation’s borders, aggressive enforcement of immigration law internally, and enhanced penalties against businesses and individuals that exploit and traffic in illegal laborers. Do you agree? What elements do you see as most important for a comprehensive reform of our immigration laws and what steps will your Administration undertake to enact reform? TRUMP: My administration will pursue the law of the land to its logical extent. We will build a wall on the southern border. We will apprehend, detain and deport those who are here illegally and we will work to ensure that our legal system of immigration provides security as well as opportunity to those who might want to come be part of the American dream.

15. Because of the increased politicization of firearms issues and the lack of any meaningful public safety component in many legislative proposals, the FOP took a position that it would not support any additional “gun control” measures until after a full evaluation of the effectiveness of the sweeping changes to firearms law which passed in 1994. Will your Administration seek to push any additional “gun control” measures? If so, what public safety benefit do you expect to achieve and why should the FOP reconsider its current position on this issue?

ous material response. Every public safety TRUMP: Homeland security should discipline is vital when responding to a be divided into three mission spaces — critical incident but we must recognize anti- and counter-terrorism, immigration that, in almost every instance, it is the enforcement and all-hazards preparedness. rank-and-file law enforcement officer The FOP is correct in that right now, who is the first on the scene. The FOP mission space in homeland security is has consistently maintained, throughout murky, at best. My administration will the several debates on homeland security clearly define mission space and will see funding legislation, that the first priority that funding is applied appropriately. of the homeland security effort is preventing a terrorist attack and that the “all 17. Law enforcement is an exceedhazards” approach of the U.S. Department ingly dangerous profession, with an of Homeland Security (DHS) and the average of one hundred and fifty (150) Federal Emergency Management Agency officers who die in the line of duty every (FEMA) compromises this priority. The year. Since 1962, the Federal governFOP believes that Federal funding does ment has recognized the sacrifices of not sufficiently reflect the prevention goal law enforcement officers killed in the and is geared instead towards purchasing line of duty by designating 15 May as equipment and training to respond to the “National Peace Officers Memorial aftermath of a critical incident. What is Day.” Thirty-five years ago, the National your view on the “all hazards” approach FOP began holding a Memorial Service and how do you think it impacts law on this day to honor the memories of enforcement’s role in the war on terror in FALL_FOX.FOP.AD.pdf 1 7/26/16 3:22 PM terms of access to Federal funds? Continued >

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TRUMP: The Second Amendment is sacrosanct and will in no way be modified in my administration. Gun control laws are not the answer to gun violence.

16. We certainly recognize the prevalence of the term “first responder” to cover the gamut of public safety disciplines but the reality is that law enforcement officers are usually the first to respond to any scene or incident. It is the responding law enforcement officer that assesses the situation and then calls for the appropriate public safety response, be it additional law enforcement officers, firefighters, emergency medical technicians or hazardWWW.FOP.NET

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FOP SPECIAL / PRESIDENTIAL CANDIDATE QUESTIONNAIRE

the fallen officers and their loved ones. This event is held on the West Front of the U.S. Capitol and is attended by the family of the officer as well as thousands of fellow officers and friends. For most of the last 20 years, the keynote speaker for this event has been the President of the United States. Will you pledge to attend the May 15th Memorial Service event honoring the families and memory of our nation’s slain heroes? TRUMP: The President should show his or her support for all fallen officers by making that speech on May 15th. To the best of my ability, I will make that pledge.

18. The families of law enforcement officers and other public safety officers who are killed in the line of duty are eligible to receive a one-time death benefit from the Public Safety Officers’ Benefit (PSOB) program. Yet many of our survivor families have faced great difficulty or suffered through very lengthy delays because of the internal processes of the program and seemingly endless legal reviews. At a recent Senate hearing, Karol V. Mason, Assistant Attorney General for the Office of Justice Programs, offered no defense for the PSOB’s backlog of cases — many of which have been delayed for years. The Fraternal Order of Police is working with our allies on Capitol Hill to examine what reforms might be needed at the PSOB program. What steps will you take as President to expedite the payment of the PSOB death benefit? TRUMP: I pledge that the backlog will be cleared before the end of my first year in office and that procedures and protocols will be put in place to make sure that timely adjudication of these cases takes place to ease the suffering of grieving families.

19. The FOP was the primary supporter of the Law Enforcement Officers’ Safety Act (LEOSA) in 2004 as well as amendments to the statute enacted in 2010 and 2013. The law exempts qualified active and retired law enforcement 26

officers who are properly trained and credentialed from State or local laws prohibiting the carriage of concealed firearms. The FOP is working to expand this exemption to include magazine capacity and other concerns. Would your Administration support this effort and sign such legislation into law? TRUMP: Active and retired law enforcement officers should be able to carry weapons, concealed or otherwise, if they have passed appropriate screening. I will support such legislation.

20. The FOP is seeing a growing trend on the part of Congress to write legislation withholding Federal assistance to State, local and tribal law enforcement agencies unless they comply with certain policy conditions. These tactics are used by both parties and the issues range from sanctuary cities to data collection. The vast majority of our nation’s law enforcement officers serve local governments and these decisions should be made at the local level. Will you pledge to oppose this type of legislative coercion and work with the FOP to develop ways to provide incentives instead of penalties? TRUMP: Grants to state and local governments should come with no strings. State and local authorities know best how to spend the money, so the federal government should have little to say other than “thank you for your service.”

21. The FOP has long supported programs like the 1033 program, which is a surplus equipment program administered by the Defense Logistics Agencies (DLA) and the Law Enforcement Support Office (LESO) at the U.S. Department of Defense (DoD). In reaction to unfavorable news coverage of law enforcement response to large demonstrations, the current Administration was suddenly concerned about our nation’s police becoming too “militarized.” In an effort to “de-militarize” the police, the Administration and Members of Congress identified this

long-established program for elimination or reduction simply because it was administered by the DoD. By Executive Order, the President established a Law Enforcement Equipment Working Group (LEEWG) and tasked it with improving all existing Federal programs which provide local, State, tribal and Federal law enforcement agencies (LEA) with equipment. The FOP believes that the recommendations reduce the availability of defensive, life-saving equipment available to law enforcement. In some cases, pieces of equipment have been made unavailable at all and this newly prohibited equipment was recalled and removed from agencies by the DoD. The recommendations of the LEEWG apply to all Federal assistance programs, not just those administered by the DoD. The FOP also finds offensive the central premise which drove the LEEWG to identify what equipment should be prohibited and controlled list: the potential that the equipment would be misapplied. The FOP believes that programs like the 1033 program are very valuable to State and local law enforcement and we have worked with Members of Congress to introduce and pass legislation that would roll back the Executive Order. If elected, will you undo this Executive Order and restore access to the equipment we need? TRUMP: The 1033 program is an excellent program that enhances community safety. I will rescind the current executive order.

22. Since the Fraternal Order of Police is the largest labor organization representing this country’s law enforcement professionals, how will you involve and consult with our leadership concerning any legislation, regulations, or other Administration activity relating to law enforcement or criminal justice issues? TRUMP: The FOP will always have a seat at the table when law enforcement issues are in play. I have long been an outspoken supporter of law enforcement in this country and will continue as President of the United States. FOP JOURNAL // SEPTEMBER 2016

LEGAL COUNSEL / LARRY H. JAMES

Officers’ Right to Qualified Immunity Narrows

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recent decision out of the Sixth Circuit, in Scozzari v. City of Clare, further narrows the scope in which a police officer can use a qualified immunity defense. The court in Scozzari addresses a police officer’s right to qualified immunity in regard to a 14th Amendment claim of deliberate indifference to serious medical needs. The district court denied the officer’s post-trial motion for judgment as a matter of law, and the court of appeals affirmed that decision. In Scozzari, police officers arrived at a motel after receiving a phone call that shots had been fired in a nearby park. An officer arrived on the scene within minutes and ordered the suspect to halt. The suspect ignored the officer’s commands and entered the motel. A second officer arrived, and the two officers demanded entry into the motel room. The suspect opened the door, holding a knife and a hatchet. One of the officers deployed his Taser, but missed the target. The suspect moved toward the officers, and the officers opened fire. The suspect was struck five times. One of the officers immediately reported shots fired and a suspect down. A Mobile Medical Response unit (MMR) was dispatched to the scene and staged at the nearby park. Roughly five minutes after the ambulance was instructed to stage at the park, officers ordered the ambulance to the scene. At some point during the medical attention, police interrupted the treatment to search the suspect for weapons. The exact length of the interruption is unknown. This interruption is the primary reason why the court does not grant the officers’ motion for judgment as a matter of law. The Due Process Clause of the 14th Amendment requires police officers to provide adequate medical care to individuals injured while being apprehended. To establish a violation of adequate medical WWW.FOP.NET

Just the Facts: Finding that police officers who shot a suspect and then interrupted his medical treatment to search for weapons violated the Due Process Clause of the 14th Amendment, the recent Scozzari v. City of Clare decision states that officers may not invoke qualified immunity as a defense when they violate a constitutional right that is clearly established.

care, a plaintiff must show that the defendant acted with “deliberate indifference to serious medical needs.” This standard is slightly higher than negligence, but does not have to reach a level of purpose or intent to harm.

POINTING OUT THAT THE OBLIGATION TO PROVIDE MEDICAL CARE IS NOT SATISFIED SIMPLY BY CALLING FOR ASSISTANCE, THE COURT FOUND THE DELAY TO BE UNREASONABLE. In Scozzari, the plaintiff alleged that the medical treatment was not addressed within a reasonable time frame. The court found that a reasonable jury could have found that the officers were deliberately indifferent when they failed to search the suspect for weapons before the MMR arrived and also when the officers staged the ambulance in a nearby park. The court also said a reasonable jury could come to this conclusion regarding the time in which officers stopped the medical attention to search the suspect for weapons. After the officers staged the ambulance nearby, they brought neighbors out

of their homes to view the suspect with weapons in his hands. Further, the officers allegedly retrieved items from the suspect’s home and placed them on the ground near the suspect. The court found that a reasonable jury could conclude that the officers’ activity, which was unrelated to securing the area in preparation for medical personnel, disregarded the substantial risk of harm to the suspect. The officers claimed that even if their behavior amounted to deliberate indifference, they were entitled to qualified immunity. The court disagreed. Police officers may invoke qualified immunity as a defense only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” To determine if qualified immunity is appropriate, the court engages in a two-step inquiry: (1) whether the defendant violated a constitutional right, and (2) whether that right was clearly established. The officers argued that it is standard protocol for emergency responders to stage off-site until the area is secure. Further, the paramedic testified that she would have staged off-site even if the officer had not directed her to do so. The court was not convinced, and pointed out that the obligation to provide medical care is not satisfied simply by calling for assistance. The court found the delay to be unreasonable. 27

WASHINGTON REPORT / JIM PASCO

Continuing to Get Things Done in Troubled Times

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t this writing, Congress is days away from a seven-week recess to allow for the political nominating conventions. After finishing their work this week, they will be in recess until after Labor Day.

Hate and Heartbreak in Dallas All of us deplore the hate and violence that struck the Dallas Police Department without warning or mercy. The horrific loss of five officers, coming just over a year after an assault on Dallas Police headquarters by a gunman in an armored vehicle, underscores the fact that law enforcement officers are being targeted. Hours after the events in Dallas, officers were shot at in other states, and no doubt during the long summer days to come, our members will be in the line of fire of someone who simply wants to do them harm because of the uniform they wear. This is unacceptable. At the explicit direction of National President Chuck Canterbury, we have made the expansion of the federal hate crimes law to protect law enforcement officers a legislative priority. We will do everything we can to move existing legislation, H.R. 4760, and be alert to any opportunity to amend available legislative vehicles to achieve our goal. You can help by asking your representatives to cosponsor H.R. 4760 and your senators to introduce a companion bill in the Senate. No one should be targeted for violence because they wear a badge. Several More Bills on Their Way to the President At a time when there is profound dysfunction in Congress, the FOP has been able to demonstrate that we can get things done even in this troubled environment. As reported in the previous Journal, the FOP succeeded in shepherding through 28

Just the Facts: Following the tragic attacks on officers in Dallas and nationwide, the FOP is making the expansion of the federal hate crimes law to protect law enforcement officers a legislative priority. Four more FOP-backed bills have been signed into law, and legislation that would be harmful to members has successfully been blocked. Other top issues include overturning the recommendations of the Law Enforcement Equipment Working Group.

the Bulletproof Vest Partnership Grant Reauthorization Act (now PL 114-155) and the Fallen Heroes Flag Act (now PL 114-156), and both bills were signed into law by the president. Since that time, the FOP has scored several other victories: • The Federal Law Enforcement Self Defense and Protection Act (now PL 114-180) • The Recovering Missing Children Act (now PL 114-184) • S. 524, the Comprehensive Addiction and Recovery Act (CARA) • S. 2840, the Protecting Our Lives by Initiating COPS Expansion (POLICE) Act The first two bills were signed into law in June. S. 524 and S. 2480 cleared the Senate and House, respectively, just prior to the summer recess. Both will have been sent to the president and signed into law by the time you receive this copy of the Journal. You can check our website to get the new Public Law numbers. The CARA Act is an effort to tackle the growing problem of overdose deaths as a result of heroin and opioids. The FOP was key to advancing a provision in the larger bill that will give law enforcement the necessary tools to prevent heroin and opioid deaths by assisting agencies in acquiring and deploying naloxone, which can reverse the effects of an overdose. This lifesaving drug is becoming more common in agencies across the nation, and the new law will help more of

them get the resources to put it to use. The second piece of legislation, S. 2840, will allow the Office of Community Oriented Policing Services (COPS) to award grants to state, local and tribal law enforcement agencies to get active-shooter response training. There is a real need for this training, and we are pleased to have gotten it through this Congress. We are still waiting for the House to act on S. 1352, the Children of Fallen Heroes Scholarship Act, which was passed by the Senate by unanimous consent back in May. The legislation would eliminate the Expected Family Contribution in the Pell Grant eligibility formula, making these federal school loans easier for the children of public safety officers who die in the line of duty. While nothing can

Top Priorities in Brief H.R. 973/S. 1651, the Social Security Fairness Act House: 148 co-sponsors Senate: 24 co-sponsors

H.R. 2254/S. 2946, the Federal Law Enforcement Officers’ Equity Act House: 26 co-sponsors Senate: 3 co-sponsors

FOP JOURNAL // SEPTEMBER 2016

replace the loss of a loved one, this change to federal law may help make college more affordable for our survivor families, and we are working with key allies to bring it to the floor for a final vote. In addition to passing good legislation for the FOP, we have also played a key role in blocking or defeating legislation that would be harmful to our members. One such example is the ultimate passage of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), now PL 114-187. This legislation, which provided for a federal bailout for the commonwealth of Puerto Rico, was a potential vehicle for H.R. 4822, the Public Employee Pension Transparency Act (PEPTA), which imposes burdensome and harmful mandates on local and state public pension plans. There was a strong effort to incorporate PEPTA into PROMESA, which would have inflicted grievous harm to public pension plans. The FOP, working with other public employee groups, successfully blocked this effort. Restoring LE Equipment Programs The FOP is working to build support

for legislation overturning the recommendations of the Law Enforcement Equipment Working Group (LEEWG), which went into effect last October. The bills, H.R. 4880/S. 2694, the Protecting Lives Using Surplus Equipment (PLUS) Act, would roll back these recommendations by withholding federal funds from implementing the Executive Order. We successfully passed an amendment to the House version of the U.S. Department of Defense (DoD) appropriations budget that does just this. The bill will go to a conference committee for reconciliation with the Senate bill. We are also working with the leadership of the House and Senate Armed Services Committees to strip out a provision that partially codifies and expands on the existing recommendations. We are cautiously optimistic as to our success. Follow Us on Twitter! Sign up today at https://twitter.com/ FOPLegislative for the latest news from Capitol Hill. // FOR MORE INFORMATION, please contact the

Helping Heroes The FOP Foundation supports our members in distress. You can also help the brave men and women who risk their lives every day.

Visit www.FOP.net for more information and to donate online. The Disaster Relief Fund is part of the National FOP Foundation, a 501(c)(3), not for profit corporation.

National Legislative Office at (202) 547-8189.

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LABOR NEWS / DIVISION OF LABOR SERVICES

Narcan Administered by Law Enforcement Officers

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relatively new tool for law enforcement use continues to be implemented across the country. It is Narcan (naloxone), an opiate antidote. Its intended use is to be administered to individuals who are exhibiting the signs of a narcotic drug overdose, specifically heroin. Currently, over 900 police departments across the U.S. have purchased Narcan. Until recently, Narcan has been administered by medically trained public employees. At least 17 states, including Pennsylvania, Ohio and Illinois, have passed legislation regarding the administration of Narcan.

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Just the Facts: Law enforcement agencies are increasingly equipping their officers with the opioid antidote Narcan to respond to narcotic overdoses. Requiring the administration of this drug enlarges the officers’ scope of work and creates training, liability and discipline issues. Officers should discuss Narcan policies with their employers, and such issues may be subject to collective bargaining.

Requiring officers to administer Narcan creates an additional duty and enlarges the officers’ scope of work. These additional duties create training and liability issues. FOP leaders should make sure that these issues are addressed by their policymakers. The required use of Narcan may also be a mandatory subject of bargaining, meaning that the employer must bargain over the use of Narcan and its impact for those in collective bargaining units or unions. Consequently, FOP representatives may have a duty to demand bargaining over all issues related to Narcan, including but not limited to training, liability and discipline. Failure to do so may result in waiving the right to bargain over these issues. We suggest that Narcan be treated the same as any other professional tool that officers use, such as chemical sprays, batons and even firearms. As the U.S. Supreme Court ruled in Graham v. Connor, the case that set the standard for the use of deadly force by police, the actions of an officer, acting in good faith in response to all the facts and circumstances known to them at the time of making the decision to use, in this case, Narcan, must be viewed with consideration given to the “split-second” realities under which such life-and-death decisions must be made. Given that Narcan is a drug, dispensing it, including when it is administered as intended, could result in the death of the person to whom it is given. Scenarios such as administering Narcan too late, or it being insufficient in dosage to

prevent death, or the victim’s condition being caused by something other than an overdose, could all result in unwanted and unnecessary scrutiny of the officer. These issues and more can cloud the only relevant issue: whether the officer’s actions were objectively reasonable under all the facts and circumstances known to the officer, including training, especially since officers are generally not medically trained. There is simply no reason for a lesser standard than that established in Graham, and it is not advisable to wait for the courts to determine the standard in a lawsuit. Dealing with these concerns in collective bargaining may avoid or soften the blow of lawsuits filed over the use or alleged misuse of Narcan. Even those officers who are not in unions should engage their employers in discussion over these issues and policies, and engage the assistance of experienced professionals as necessary. With any technology or product, even potentially lifesaving ones, careful consideration must be given to all of the issues and their impact. Narcan is no different. The National Fraternal Order of Police Division of Labor Services stands ready and willing to assist our members when dealing with these issues, including negotiation, suggested contract provisions and suggested policies. // WRITE TO US! You can reach the Division of Labor Services at 701 Marriott Drive, Nashville, Tennessee 37214; (800) 451-2711; or [email protected]. FOP JOURNAL // SEPTEMBER 2016

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