Tag Archives: sars-cov-2

NFOP President Makes Big Announcement About Federal PSOB

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On April 9, National Fraternal Order of Police (“NFOP”) President Pat Yoes, former Louisiana FOP (“LAFOP”) President, announced changes to the federal Public Safety Officers’ Benefit (“PSOB”) program as it relates to COVID-19 deaths.

If you are not familiar with the federal PSOB program, it is administered by the Department of Justice’s Bureau of Justice Assistance. Click here for more information on PSOB. The PSOB program pays a benefit of $365,670 to the family of a law enforcement officer killed in the line of duty. PSOB also pays up to $1,248/month for education expenses for the children of an officer killed in the line of duty. Click here for more information on the PSOB benefit, which changes every year. Click here for the PSOB Fact Sheet.

The PSOB includes deaths caused by “infections diseases” already, but establishing that an officer died from an infectious disease contracted in the line of duty can be difficult. In light of the current circumstances as it relates to the SARS-CoV-2 virus and COVID-19, the resulting illness, the Department of Justice published new guidance regarding PSOB benefits.

In general, BJA will find that the evidence shows a public safety officer with COVID-19 contracted it in the line of duty, when (1) the officer had engaged in line of duty action or activity under circumstances that indicate that it was medically possible that the officer was exposed to the virus, SARS-CoV-2, while so engaged; and (2) the officer did contract the disease, COVID-19, within a time-frame where it was medically possible to contract the disease from that exposure. In addition, in the absence of evidence showing a different cause of death, BJA generally will find that the evidence shows a public safety officer who died while suffering from COVID-19 died as a direct and proximate result of COVID-19.

Of course, we would prefer that everyone is able to make it home from work at the end of every shift safely. Unfortunately, with deaths piling up across the United States, we know that is not reasonable. Some law enforcement officers have already been killed by COVID-19.

The guidance from the Department of Justice as it relates to PSOB benefits essentially makes the families of law enforcement officers who die from COVID-19 presumptively eligible for PSOB benefits as long as it is not medically impossible that the officer contracted COVID-19 in the line of duty.

Merely coming into contact with members of the public or co-workers makes it medically possible an officer is exposed to the SARS-CoV-2 virus. Hopefully, at some point soon, we will have a vaccine for this virus. Until then, every additional close interaction with another human being carries with it an increased risk of being exposed to the virus. The DOJ recognizes this in the 1st part of its guidance.

Additionally, it looks like symptoms of COVID-19 can begin as far out as 14-21 days from exposure to the SARS-CoV-2 virus. Furthermore, once someone develops symptoms, those symptoms could last for 14-21 days (or longer). The DOJ recognizes this in the 2nd part of its guidance.

Finally, the DOJ recognizes that if an officer was suffering from COVID-19 at the time of the officer’s death, it is most likely the death was caused by COVID-19 unless there is evidence of a different cause of death.

In short, the DOJ’s guidance to BJA is that as long as it is not medically impossible for an officer to have been infected by the SARS-CoV-2 virus and to have contracted COVID-19 as a result of “line of duty action or activity,” then BJA is going to assume that officer’s death to be eligible for PSOB benefits.

While this does not make reporting to work any safer, maybe it can provide law enforcement officers will a little sense of security that their families will receive the PSOB should they make the greatest sacrifice while protecting the public during this coronavirus pandemic. Many thanks to our hometown President, Pat Yoes. Furthermore, thanks to Attorney General Barr and President Trump for their support of law enforcement during this unique time in our history.

The Fraternal Order of Police is the world’s largest organization of sworn law enforcement officers, with more than 330,000 members in more than 2,200 lodges. We are the voice of those who dedicate their lives to protecting and serving our communities. We are committed to improving the working conditions of law enforcement officers and the safety of those we serve through education, legislation, information, community involvement, and employee representation. No one knows the dangers and the difficulties faced by today’s police officers better than another officer, and no one knows police officers better than the FOP.

NFOP President Pat Yoes is a Captain for the St. Charles Parish Sheriff’s Office.

The Louisiana Fraternal Order of Police, led by President Darrell Basco, has over 6,000 members statewide. The Crescent City Lodge, with President Walter Powers, Jr., has about 2,000 of those members in Louisiana. About 1,100 of those 2,000 members are active members of the New Orleans Police Department. The remainder of Crescent City Lodge members is mostly retired members of the New Orleans Police Department. The Crescent City Lodge represents about 90% of active NOPD officers from Recruits to the Superintendent of Police.

Note: While it is ultimately up to the deceased officer’s agency to submit the PSOB application, the Fraternal Order of Police has assisted agencies with applications for PSOB benefits on numerous occasions.

Donovan Livaccari,
General Counsel
Louisiana FOP

NOPD Only – Supplies Poll

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In an effort to gauge the supplies needed by members of FOP Crescent City Lodge #2, I would appreciate it if NOPD personnel could answer the following non-scientific poll questions. Please share with NOPD personnel and encourage NOPD personnel to answer the 3 poll questions.

Arrests and Summonses – NOPD and the SARS-CoV-2 Virus 4-3-2020

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Since the lockdowns have begun in New Orleans and Louisiana in response to the novel coronavirus, reporters have asked me about changes to the New Orleans Police Department’s arrest policy. I have been asked about this as recently as yesterday (4-2-2020) in a conversation with Matt Sledge in his preparation for writing this article for NOLA.COM/The Advocate.

While I was not quoted in Matt’s article, I was quoted in an article by The Lens on March 25 and an article for the Washington Post on March 31. The Washington Post article was titled “New Orleans police are jailing people for minor offenses even as the city becomes a covid-19 hotspot.”

Since the message appears to be fluid, I wanted to take this opportunity to clarify my position in this regard.

First and foremost, trying to make an inherently dangerous profession as safe as possible is one of the FOP’s primary missions. For the Crescent City Lodge, that means trying to make working at the New Orleans Police Department as safe as possible. In light of the current threat posed by the SARS-CoV-2 virus and the resulting COVID-19 illness, that means limiting close interactions with other human beings as much as possible.

We are all making sacrifices by limiting our contact with other human beings in an effort to reduce the spread of the SARS-CoV-2 virus. For law enforcement officers, that means limiting close contact with colleagues and members of the public, as much as possible. Sometimes it is not possible. Sometimes, law enforcement officers have to act.

Early on, the NOPD moved fairly swiftly to reduce the number of reports that had to be made in person to an officer by transferring some of that reporting responsibility to the Alternative Police Reporting Unit, which takes reports over the telephone. Subsequently, the NOPD has made it so all reports of property crimes that do not involve an arrest are taken over the telephone.

Specifically, as it relates to arrests, I have been asked numerous times about my thoughts on the NOPD’s arrest policy in light of the current threat.

As I stated above, social distancing would require us to limit our close interactions with other human beings as much as possible and arrests are not socially distant events. Therefore, officers should exercise their discretion to issue a summons in lieu of arrest based on guidance from the NOPD administration, the requirements of LaCCrP Art. 211, and the officer’s observations. As Jim Pasco, the executive director of the National Fraternal Order of Police, was quoted in the Washington Post article, sometimes what looks like an arrest for a minor offense is nothing of the sort.

I explained to every reporter that asked me about the NOPD’s arrest policy that I have been in regular contact with Assistant Chief Superintendent Paul Noel and it is my understanding that the guidance being provided to officers is to issue summons whenever it is possible to do so. Sometimes it is not possible to do so – even for minor offenses. However, as Superintendent Ferguson pointed out in Matt Sledge’s article, arrests are down 59% in the last 2 weeks of March versus the same time period from last year.

I do not believe for a second that NOPD officers are being pushed to make arrests. I believe that Superintendent Ferguson’s comments in today’s article by Matt Sledge for NOLA.COM/The Advocate represent a well-reasoned approach to the topic. I am also confident that NOPD supervisors are giving NOPD officers reasonable guidance on arrests in light of the circumstances based on my numerous conversations with Chief Noel.

I have told every reporter who has asked that I think it is important for the NOPD to use summonses when it is appropriate to do so. Furthermore, I believe NOPD officers are doing so.