FOP Lodge 89

President's Page

Click here to read President Canales' response to the following anonymous e-mail:

"Guess I'm gonna get ready for the "mandatory" meeting. I've been hearing alot of rumblings from the rank and file wanting to know where is their represntatives? Who is defending them? Where is the outrage at reporters showing up at your member's front door? Where was the outrage when YOUR endorsed candidate went to the Washington Compost making your members look bad??????

Putting out pretty little newsletters that sound like an Obama campaign speech is NOT getting the job done! Everything is not "hunky dory!!!"

The recently released video footage detailing an incident involving a University of Maryland student and members of the Prince George’s County Police Department has ignited a stream of controversy and outrage throughout the region and the country. The actions of my members on that evening are being aggressively investigated by the Department in collaboration with the State’s Attorney’s Office, Department of Justice and the Federal Bureau of Investigation. I am confident that upon conclusion of this investigation answers will be provided to many of the questions currently surrounding this incident.

While I acknowledge that public scrutiny of this incident is going to occur, as President of Fraternal Order of Police, Prince George’s County, Lodge 89, I respectfully ask the public and the media at large to await passing judgment and allow the established internal investigative process to work. I implore everyone to stand in support of the over fifteen hundred men and women of the Prince George’s County Police Department during this challenging time.

As President of the Fraternal Order of Police, Prince George's County, Lodge 89, I wish to extend an invitation to the brothers and sisters of FOP Lodge 89 to attend our annual Police Memorial Service. Each year, Fraternal Order of Police Lodge 89 holds a Memorial Service honoring the twenty-six Prince George's County Police Officers killed in the line of duty. This service pays a living tribute to the officers who made the ultimate sacrifice in the performance of their duties.

This years service will be held on Thursday, May 13, 2010, at the Fraternal Order of Police Lodge 89, 2905 Old Largo Road, Upper Marlboro, Maryland. A Continental Breakfast will be served at 8:30am prior to the Memorial Service. The Memorial Service will begin promptly at 10:00am. Following the service, our family members, police colleagues, and guests will participate in a wreath laying ceremony at the individual officers' grave sites.

If you are willing to participate in the FOP Lodge 89 Memorial Service as a walker during the service and to assist with the Wreath Laying ceremony, please contact Pam at FOP Lodge 89.

To All FOP Lodge 89 Members,

The County has circulated a Tobacco Affidavit, as part of its announced intention to impose a penalty of $40 per month on any employee or retiree who is a smoker or tobacco user. This program – adopted and implemented unilaterally by the County, without any agreement or even input from the FOP – is scheduled to take effect on February 1, 2010.

The FOP has filed a grievance challenging the program as a unilateral and discriminatory change in the cost of the health insurance program and a violation of the collective bargaining agreement. Of most importance, we believe it is arbitrary and capricious to require employees or retirees to pay a monetary penalty for using tobacco when the County has not made available any smoking cessation programs or other means by which employees or retirees can stop using tobacco.

There exist federal statutory and regulatory provisions under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that generally prohibit employers from discriminating on the basis of an employee’s health condition in determining benefit premiums or contributions, with a recognized exception for bona fide wellness programs. In simple terms, this means that it is not permissible for the County to impose higher payments on smokers or other tobacco users unless the County has a bona fide wellness program and the smoker or tobacco user does not comply with the wellness program’s requirements. Conversely, if the County offers a smoking cessation program and the employee or retiree participates, the County cannot impose a higher charge on that individual. Also, if an employee finds it unreasonably difficult to stop smoking or stop using tobacco due to addiction, we believe that the County must provide a reasonable alternative for avoiding the higher charge, such as attendance at educational classes or use of a nicotine patch, and the County also must allow the employee to be exempt from the premium increase if his or her medical provider certifies the underlying addiction.

Our grievance seeks to delay implementation of the County’s Tobacco Affidavit and the monetary penalty, unless and until the parties are able to reach agreement on the underlying rules and standards that will govern this program. In the meantime, applying the “obey now, grieve later” rule, all officers and retirees are advised to complete and submit the Tobacco Affidavit in a truthful manner if they want to avoid the extra payment of $40 per month.

If there are any questions or concerns, please contact me via e-mail or call 301-952-0882. We will keep you abreast as things continue to develop.

Ismael “Vince” Canales, President, FOP Lodge 89

Letter to the Board Members

I would like to congratulate the Fraternal Order of Police/ Metropolitan Police Department Labor Committee for their recent arbitration victory against the Metropolitan Police Department. The decision addresses violations of certain provisions contained within their contract regarding schedule changes, as well as how members shall be compensated. While this ruling has no direct effect on this membership, we are studying the possibility of introducing similar language during a future round of contract negotiations. I have attached a copy of the arbitrators decision for your perusal. Again, congratulations to our Brother and Sisters at DC/ FOP Lodge 1.

FLSA Comp. Issue

The FOP has a pending dispute with the County about payments for FLSA compensatory leave. On the substance, the Department is incorrect when it suggests that officers who already have accumulated more than 480 hours of FLSA compensatory leave must wait until termination of employment to receive payment for that leave. The FLSA only allows up to 480 hours of FLSA compensatory time to be accumulated, and any hours over that statutory limit must be paid out either immediately, or when requested by the employee. If necessary, the FOP will pursue these errors in the appropriate proceedings, until they are resolved to the FOP's satisfaction.

Any member having a question or concern should contact the FOP for clarification and assistance!

President Vince Canales

County Executive and County Council to Receive Pay Raises
By President Vince Canales

Yes it is true! In a recent news article, it stated that the County Executive and County Council shall receive a COLA this year. (Please go to the following link for the full story, http://gazette.net/stories/04162009/prinnew173329_32471.shtml). In my opinion, the humor in all of this is that they are utilizing a similar argument that we are regarding an inability to breach a binding agreement. In the County’s case it would be the County Charter as compared to our Collective Bargaining Agreement. While some would argue that the comparison is tenuous, I firmly believe that it is not and that it is a slap in the face of every County employee that has been furloughed should they accept this raise.

Within the article, several of our Council Members have expressed their concern and intention to look into ways of preventing these raises from occurring. Seeing that the rules in Prince George’s County don’t usually apply, I am sure that the Council could introduce a measure similar to the furlough provision. And based on our past experience, I know they can introduce and pass a provision such as this within a matter of twenty-four hours. And, I am sure that the citizenry of the County would even forego the ability of providing any testimony regarding it.

Now on a serious note, we are only demanding that all things be fair and equitable. The County Executive and Council were wrong when they took the extreme measure of furloughing its employees. The County Executive and County Council should do the right thing and restore every County employees pay! Otherwise, they should lead by example and forego their raise! With the County Executive now insinuating potential layoffs and additional furloughs for the upcoming budget year, what sense does this make?