OPSE Update 6/27/13 #FOP #FOPNO #NOPD

UPDATE:  City Council committee advances measures creating new office to oversee police details – NOLA.COM

Today, the New Orleans City Council’s Budget Committee met to consider the ordinances proposed for the Office of Police Secondary Employment.  The ordinances considered today set the pay scale for officers and established an enterprise fund through which those payments will be made.  These are the ordinances that have been available for quite some time.IMG_8074

Councilmember Cynthia Hedge-Morrell (co-authored by Councilmember Stacy Head) offered a number of amendments to these ordinances.  A gist of the amendments were as follows:

  1. “Major Special Events” to include events held at the Convention Center, Fair Grounds, Mahalia Jackson Theater, Sanger Theater, Superdome, New Orleans Arena, and Lakefront Arena with expected attendance exceeding 2,000.
  2. Holiday premium will ($17/hr.) will be paid on New Year’s Day, Martin Luther King Day, Mardi Gras, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.  Also receiving premium pay will be Lundi Gras, Friday after Thanksgiving, Christmas Eve, and New Year’s Eve.
  3. The OPSE fee will be 15% of the hourly rate not to exceed $5.00/hr.  Any difference will be split between the officer and the detail employer.  For example, an officers pay would go to $29.50/hr. and the detail employer would only have to pay $33.93/hr.
  4. The amendments specify that no additional amounts will be charged to the officer.
  5. Any fees left over at the end of the year will be refunded proportionately to the officers who worked details and the OPSE’s budget will be adjusted to reflect actual expenses (rounded up to the nearest percentage).
  6. The City Council can waive the OPSE’s fee by ordinance.
  7. The City Council can make an exception to the pay scale by ordinance.
  8. The City Council can waive the periodic rotation requirement by ordinance.
  9. OPSE will comply with La. R.S. 33:2339 (Otherwise known as SB159)
  10. Special Taxing Districts or Security Districts (Lakeview, Mid City, etc.) will remain overtime and not subject to OPSE.
  11. Details required by special order of the City of New Orleans are not subject to pay or rotation requirements.
  12. Rates of pay for details requiring specialized certifications (bomb dogs, divers, etc.) would not be set by the pay scale, but based on level of certification.
  13. For any pre-existing, single-officer details that are paid at a rate lower than the schedule rate, officers may elect to continue working the assignment at the lower rate.

IMG_8072The ordinances, along with the amendments will be considered at the next regularly scheduled City Council Meeting, July 11, 2013.  There the proposed ordinances will be voted on by the entire City Council.

Video of today’s meeting can be seen here.  Choose #11 on the agenda.

Don’t forget to download the new FOPNO App available for iOS and Android today!

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#FOP in the News – Concerns about consent decree, crime prevention districts – FOX 8 WVUE #fopno #nopd

Concerns about consent decree, crime prevention districts – FOX 8 WVUE New Orleans News, Weather, Sports.

The #Truth about Jeremy Wilcox #nopd #fop #fopno #nola

Update:  Advocate Article

On June 18, 2013, I represented Police Officer Jeremy Wilcox at a pre-disciplinary hearing in front of NOPD Deputy Superintendent Darryl Albert.  The facts of the case are as follows:

  • In 2004, prior to applying for employment with the New Orleans Police Department, Jeremy Wilcox was working as an air conditioning contractor.
  • He an another individual were partners in this business.
  • In 2004, Jeremy’s wrote a company check to an air conditioning supply house.
  • Jeremy continued to do business with the same air conditioning supply house after the check was written.
  • Jeremy never heard another thing about this check until 2011.
  • In 2007, Jeremy was hired as a Police Recruit by the New Orleans Police Department.
  • A background check was conducted as part of Jeremy’s employment application to the New Orleans Police Department.
  • No arrest warrant was found in the course of Jeremy’s background investigation.
  • In 2011, Jeremy learned of an arrest warrant issued out of St. Charles Parish for Issuing Worthless Checks.
  • At that time, Jeremy had no idea what that warrant was about.
  • Jeremy immediately contacted an attorney to investigate the matter in an attempt to get it resolved.
  • In 2012, Jeremy was driving without a license plate on his car and was pulled over in St. John Parish where they found an arrest warrant from St. Charles Parish for Issuing Worthless Checks.
  • Jeremy was arrested and taken to St. Charles Parish.  At that time, Jeremy made payment to the air conditioning supplier and the charges against him were dropped.

These are undisputed facts.

In its press release on the matter, the NOPD indicated that Jeremy was “cited for a second Moral Conduct violation because he intentionally removed the license plate from his truck in hopes that he wouldn’t get stopped.”  There is no evidence to support this contention.

During the course of the pre-disciplinary hearing, Jeremy took full responsibility for driving without a license plate on his car.  The car was properly registered and had a valid license plate, it simply was not on the bumper of his car.  Deputy Supt. Albert asked Jeremy why he did not have the license plate on the bumper of his car.  Jeremy responded honestly that he removed the license plate from the bumper of his car during Mardi Gras, 2012.  He stated that parking around the 2nd District Station was extremely difficult during Mardi Gras and he was hoping not to get a parking ticket when he reported to work.  Once it was off for a couple of weeks, he simply forgot to put it back on.  This explanation was readily accepted by Dep. Supt. Albert, formerly the Commander of the 2nd District.  Jeremy did not seek to justify his removal of the license plate.  He took responsibility for removal of the license plate.  Jeremy was given a four-day suspension for removing his license plate.

As for the check, Jeremy never denied issuing the check that he was presented with in 2012 which was stamped NSF.  It should be noted that the check was not stamped Account Closed or anything else that would insinuate some type of fraudulent behavior.

At the pre-disciplinary hearing, Dep. Supt. Albert presented Jeremy with a notice from the air conditioning supplier regarding the NSF check and a certified mail receipt for that letter. Jeremy informed Dep. Supt. that he had NEVER seen that letter before June 18, 2013.

In fact, the certified mail receipt for that letter was clearly marked “RETURN TO SENDER.”  There was no signature on the line for the recipient.  In short, Jeremy’s assertion that he had never seen that letter before was supported by the evidence presented to him.

Supt. Ronal Serpas is quoted in the press release as saying “In this case, it’s simple.  We can’t have a police officer enforcing the law on a daily basis who knowingly broke the law himself, and took measures to hide it.”

This is a complete misrepresentation of the facts.  Jeremy Wilcox unknowingly issued an NSF check three years before he was hired by the New Orleans Police Department.  His background investigation conducted when he was hired by the New Orleans Police Department did not reveal any arrest warrant for an NSF check.  When he learned of the problem, seven years later, he took affirmative action to fix the problem by hiring an attorney.  Jeremy Wilcox did not take any measures to hide the NSF check.  There is simply no evidence to support any conclusion to the contrary.  Jeremy Wilcox was fired for writing an NSF check.

Jeremy Wilcox was an outstanding employee.  This is the only complaint ever made against Jeremy Wilcox.  Jeremy has been Officer of the Month and Officer of the Quarter in the 2nd District.

I am not going to go on with legal arguments like whether or not Jeremy is subject to the rules of the NOPD before he was hired by the NOPD or whether the obligation created by writing a company check that was returned NSF is the obligation of the company or the individual, but I do know that a lot of us have unfortunately written NSF checks.

I would like to remind whoever is responsible for drafting press releases that NOPD Chapter 52.1 requires all employees to be honest in all of their communications, written, verbal, or electronic.  This press release was not accurate and does not honestly represent the facts of the case.  Supt. Serpas was quoted as saying “The people of New Orleans expect more from us.”  I suspect that the people of New Orleans would forgive Jeremy Wilcox for writing a single NSF check 9 years ago.  I think that the people of New Orleans would be much more interested in being misled by the press release on this matter.

Press Release

Download the NEW #FOP Crescent City Lodge App Today! #fopno #nopd

Download the new FOP Crescent City Lodge app for your smart phone today!

Crescent City Lodge #2 of the Fraternal Order of Police has been at the forefront representing its members. Now, approximately 90% of active NOPD officers are members of the Fraternal Order of Police. The FOP’s Legal Defense Plan has become the go-to legal resource for NOPD officers. In addition to the FOP Legal Defense Plan, the FOP has been working on general legal issues, legislation, and anything that has to do with the working conditions of its members.

Now, the FOP presents its new app for members of the Crescent City Lodge, available for iOS (Apple) and Android devices.

The new app provides easy access to:

FOPNO news feeds
Signal108.com news feeds
Legal Defense Plan Contacts
Up to Date Calendar of Events
Use of Force Reporting Guide
Louisiana Police Officers Bill of Rights Info
Access to the FOPNO Twitter Feed
FOP E-Board Contacts
…AND MORE!

The new FOP app also provides FOP members with Push Notifications on important issues effecting our members.

CLICK HERE to download the Android Version

CLICK HERE to download the Apple Version

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FQMD Details Presentation #FOP #NOPD @FOPNO

Below is the most recent presentation made on behalf of the FOP regarding paid detail reforms and the OPSE.

Quicktime Version:

PDF Version:

Details FQMD 6-3-13 w