NOPD Disciplinary Investigations Update (Updated)

As most officers are aware, the NOPD has interpreted the consent decree as requiring they investigate absolutely every allegation, no matter what it is.  I have seen formal disciplinary investigations of officers alleged to have “smirked,” “sighed loudly,” and “made go-golly eyes.”

Most of these investigations are receiving the appropriate disposition at the conclusion of the investigation.  However, one thing that I have noticed is that officers are being sustained for other, minor, administrative violations.

For example, one common sustained violation is for failing to complete an FIC card.  Officers should be aware that they are required to complete FIC entries on individuals they come into contact with regardless of whether that person is arrested, cited, or merely interviewed.  In the past, officers were not required to complete FIC’s for individuals who were arrested or cited.  Why complete an FIC when the information is being documented in-depth in an incident report?  The short answer is that the information, particularly arrested subjects versus not arrested subjects has to be maintained separately.  In any event, the current rule requires an FIC whether an incident report is completed or not.  Just the other day, I was involved with an investigation where an officer, who was not initially accused of anything, was sustained for failing to complete an FIC.

Next is detail forms and the detail database.  As we are all well aware, the consent decree has made a total mess of the paid detail system.  Who really knows if we are coming or going with anything regarding details?  It is a disaster.  The only upside is that hopefully this disaster will lead to pay raises (we’re working on it).  In any event, if you are working a paid detail that is not being managed by OPSE, you still need to have an NOPD Paid Detail Authorization form in for that detail.  Even if you are working an OPSE detail, you still need to call the dispatcher and get an item number, etc., when you get to the detail and you still need to enter that item number and other information into the detail self-reporting database the next time you are at work.  If there is a complaint regarding a detail, no matter what the complaint is, you can rest assured that PIB is going to check the detail authorization and the database in the course of the investigation.

Finally, I would like to point out FOB Policy 39.  FOB Policy 39 requires platoon sergeants to monitor how long calls have been holding and make call backs to complainants on any call holding more than 60 minutes.  I have seen a marked increase in the number of investigations alleging violations of FOB Policy 39.  I understand that this is a tall order when there is one sergeant, one desk officer, and two officers on the street.  However, when the complaint comes in that someone is upset they had to wait 3 or more hours for the police to arrive, you can rest assured that will be one of the first things PIB checks.  Sergeants have the option of asking the desk officer to make the call backs, but it is ultimately the responsibility of the sergeant to monitor the length of times calls are holding. That being said, I would keep an eye out for potential revisions to that policy that may require a more active part on behalf of the desk officer.  As it stands today, it is the sergeants responsibility.  Make sure that everything that is done in this regard is relayed to the dispatcher so that it is included on the complaint history for that item and is recorded on the dispatch channel.

UPDATE:  I would also like to mention MVU’s.  Just because you have those pretty body cameras does not mean that you do not have to worry about the in-car dash cams.  If you have an MVU that does not work for whatever reason, or you were never issued a USB key, please note that on your Trip Sheet every time.  It may not suffice to note it once.  When you get in a car, make sure to check the functionality of the dash cam every time.  If it is full, note it on your Trip Sheet.  If the front camera is missing, that does not mean that the cameras do not work.  Note it on your Trip Sheet.  Notify your supervisor.  Do it every day.  If the camera works, use it as described in the policy.  This is another thing that investigators routinely check in the course of a DI-1 investigation.

20140125-162016.jpg

#NOPD: Over the Precipice

NOPD: Over the Precipice

It will take over 40 years to return to full strength

The New Orleans Police Department has gone over the precipice. We may be beyond the point of return. And the blame rests clearly at the feet of Mayor Mitch Landrieu and NOPD Superintendent Ronal Serpas. They were both forewarned.

In February 2011, the Fraternal Order of Police issued the first hue and cry about the NOPD manpower crisis. For three years, in every news story and interview possible, we have repeated the mantra….”Manpower….Manpower…Manpower”. We have advocated the repeal of the domicile ordinance and we have opposed the tattoo policy. We have asked that the focus be turned to retention and the recruitment of fully trained, post certified lateral police officers.

In February 2011 there were 1415 commissioned New Orleans police officers.

Today, there are 1135 sworn officers – counting from Superintendent down to Field Recruit. Over 100 of those are unable to perform their duties due to serious injury, long-term illness or administrative reassignment.

Continue reading

#NOPD Police Details #NOLA #FOP #FOPNO

detail mcEconomic Impact for the City of New Orleans

Sugar Bowl (2012) – $493.73 million (Metro New Orleans) http://www.allstatesugarbowl.org/site.php?pageID=19&newsID=564#.Uy3IA61dViY

NBA All Star Game – $90 million  http://gnosports.com/2014-new-orleans-host-committee-announces-successful-nba-star-game/

Mardi Gras – More than $500 million (Regional)  http://www.wdsu.com/news/entertainment/carnival-central-extended-coverage/new-orleans-prepares-to-implement-new-mardi-gras-rules/24569136#mid=18674480

French Quarter Fest – $259.5 million  http://fqfi.org/about.html

WrestleMania XXX – Unknown – Estimated 80,000 visitors   http://www.neworleanscvb.com/press-media/press-kit/whats-new/

New Orleans Jazz and Heritage Festival – More than $300 million  http://www.forbes.com/sites/adrianalopez/2013/05/06/new-orleans-jazz-fest-comes-full-circle-with-its-mission/

What do all of these things have in common?  The police details which contribute significantly to making these events safe and successful will not be handled by the Office of Police Secondary Employment (OPSE).

Continue reading

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!

FOP CCL2

Powered by Conduit Mobile

#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.

FOP in the News – Federal appeals court orders temporary stay of NOPD consent decree | NOLA.com

Federal appeals court orders temporary stay of NOPD consent decree | NOLA.com.

Update on Paid Details and Promotions #NOPD #FOP @fopno

On Thursday, the Budget Committee for the New Orleans City Council met with funding for a sergeants exam and the proposed ordinances for the Office of Police Secondary Employment on its agenda.  Myself, Raymond Burkart, III, and Jim Gallagher were present on behalf of the Fraternal Order of Police and its 1,100 active police officer members.

SERGEANTS EXAM

Fraternal Order of Police

Deputy Mayor Cedric Grant and Carey Grant introduced an ordinance to fund a sergeants exam.  Under the ordinance, $89,084 goes to the Civil Service Department for preparation and administration of a sergeants exam.  Andy Kopplin, representing the administration, suggested that the administration wanted to use a different source of funding for the sergeants exams, but were committed to funding an exam.  The Budget Committee passed the ordinance allotting the funds from the original source, giving the administration the option of presenting an alternative source of funding at the June 6, 2013 City Council Meeting.  One way or another, funding for a sergeants exam will be in front of the City Council at the June 6, 2013 meeting.  Click here to see the video.  Once you see the agenda, click on Ordinance No. 29,533.  The two ordinances are actually Nos. 29,548 and 29,549, but the video leads in to the right point.  Carey Grant, Andy Kopplin, Lisa Hudson, and Raymond Burkart speak on the matter.

DETAILS

Raymond Burkart, III argues on behalf of FOP

Raymond Burkart, III argues on behalf of FOP

The Office of Police Secondary Employment offered their two ordinances later in the meeting under Ordinance Nos. 29,470 and 29,471.  There was a Motion to Defer consideration by Councilmember Hedge-Morrell.  Ultimately, it was decided that the OPSE and the FOP would make their presentations and then the Chair would entertain a Motion to Defer if one were made.

The OPSE made their presentation.  A copy of the OPSE presentation can be found here.  There are no real surprises and I won’t attempt to summarize their presentation here.  Take a look at it.  It is interesting reading.  A copy of the OPSE budget for 2013-2015 can be found here.

The FOP made its presentation.  A copy of the FOP presentation can be found here.  Again, I am not going to bore people by recounting the whole presentation.  You can watch the video or check out the FOP presentation.

There were no additional speakers or presenters.

Following the meeting, the FOP sent this letter to City Council members, CAO Andy Kopplin, and OPSE Director John Salomone.

The letter summarizes the FOP’s position with regard to the reform of paid details.

The bottom line is that following the two presentations, Councilmember Hedge-Morrell made a Motion to Defer the two ordinances.  The Motion was seconded by Councilmember Head.  The meeting was adjourned immediately after.

These two ordinances that establish the detail pay scale and an enterprise fund through which detail money will be collected and paid, will be before the City Council Budget Committee again in the near future.

What does this mean in the big picture of things?  We are still standing in front of a moving train.  It is going to be difficult to stop it.  However, working with the City Council, the FOP is attempting to influence what we can in order to maximize the chances that officers will still be able to make their lives better for themselves and their families.  The letter we sent to members of the City Council summarizes our current position on paid detail matters.  We value input from members from the Fraternal Order of Police.  If you have suggestions on this, or any other, topic, please feel free to share them.

Letter from FOP President Walter Powers, Jr.

Brothers and Sisters:

I come before you with concern. There has been word about boycotting the Jazz Festival. This would be premature. Let me explain.

We are engaged in a dispute over how paid details will be administered. Like any dispute, there are stages. We are currently in the “Boots on the Ground” stage. The FOP has engaged in diplomatic efforts. We have attempted to influence negotiations at every turn. The FOP filed an Intervention in Federal Court in an effort to participate in the negotiations. The Judge ruled against us. We have appealed that decision and the appeal is still pending.

The FOP has met with Lt. Col. Salomone to discuss paid detail policies. What we found was a retired Army officer who was tasked with implementing the terms of the Consent Decree. I understand he will continue to work toward that goal until he has different marching orders.

If police officers boycott the Jazz Fest, the organizers simply will hire deputies or security guards and NOPD will supplement coverage with officers on city rolls. A boycott may send a message, but what will we accomplish?

Let’s take the best case scenario. If enough people participate and the Jazz Fest is adversely impacted, the message will be delivered loud and clear that the rank and file are dissatisfied with the proposed plan for paid details. Where would that leave us? The Consent Decree would still be in place with provisions on how paid details will be administered — you don’t think Judge Morgan really cares whether or not you work details, do you?

I am not suggesting we give up. What I am suggesting is that we look at risk versus reward. The risk seems unusually high and the reward unusually low. We still have other options.

As I mentioned earlier, we are in the “Boots on the Ground” phase. We need to mobilize troops and attack points of weakness. In order to facilitate the new paid detail plan, it will be necessary for the Office of Police Secondary Employment to convince our City Council to pass two ordinances. The OPSE will not be able to function at all without these ordinances. That is a point of weakness that presents us with an opportunity.

The current plans for the OPSE present numerous legal questions — questions the City Council will want answered. The FOP has been engaged in discussions with the City Council regarding those questions. We know that the two ordinances will be presented for consideration at the upcoming meeting of the City Council Budget Committee on April 9th. We need your boots on the ground.

I can promise you that the FOP Board will be present at the Budget Committee meeting. I can also promise that the FOP lawyers will be there ready to argue our position. We have been preparing and we are up for the fight. What we will need is you. It is one thing if our Board and hired guns make arguments and it is another thing if you, the people directly affected, are present — even if you leave the speaking to us.

What is the risk? None. What is the reward? The Council could make it very difficult for OPSE to move forward. As an added bonus, our nuclear option of detail boycotts will still be available if we need it.

Think about it like this. North Korea recently threatened to launch a nuclear attack on the United States. They engaged in no diplomacy and have no boots on the ground. What have they accomplished? The United States is not concerned. Other countries with embassies in North Korea aren’t even evacuating. The world is simply looking and wondering why they would do something so stupid. Unless you are Kim Jung Un the nuclear option is rarely the best option.

If you want to make a statement, show up at the City Council meeting on Tuesday, April 9, 2013 in a show of force – on behalf of those who want to keep the public safe and receive a fair wage without adding extra expenses to those who hire detail officers. Work the Jazz Festival. Talk to the citizens and visitors. Work your normal details and ask your detail employers to come to the City Council meeting and share their opinions. Write your elected officials and tell them how the Office of Police Secondary Employment will move us backward and not forward.

We hope you will join us on April 9th at 10:00 a.m. at City Hall for the City Council Budget Committee meeting. We also urge you to come to the FOP meeting on April 11th at 6:30 p.m. at Our Lady of the Rosary School cafeteria, located at 1342 Moss St. We will be discussing strategies and options.

Walter Powers, Jr.

President

FOP CCL2