BUDGET UPDATE

06/30/2009 – 2000 hours
At approximately 1745, ADC Director Ryan telephoned the Director of the FOP ADC Labor Council, Melissa Wallace, to discuss the continued operation of ADC.  Mr. Ryan assured Wallace that ADC would continue functioning at 100%.  There are no immediate furloughs or lay-offs.  Mr. Ryan expressed concern that inaccurate rumors could become out of control.  While no Arizona State budget had yet been passed at the time of the conversation, Mr. Ryan did state that emergency funding was in place to keep ADC at 100% operation for the time being.

Although Melissa Wallace was attending the annual FOP State Conference, Mr. Ryan had no trouble reaching her for her reaction and assistance in asking the ADC employees to remain calm.  Employees need to simply report to duty as usual.  Wallace has been in constant contact with Executive Director Jim Mann of the FOP/ALC as the budget issues have unfolded.

 
Go to http://www.azfop.com/ for a statement from Jim Mann.

We understand the extreme budget shortfalls and appreciate the intense and exhausting work the legislators and the Governor have expended on trying to balance the State budget, however, we hope that any budget shortfalls are not balanced at the expense of ADC and public safety.

FOP Labor Services received the following statement from Director Melissa Wallace:

All day I have been tracking the activity at the State legislature. As the FOP
ADC Labor Council Director, I received a call from Mr. Ryan this evening, with his words of re-affirmation and stead fast focus; “we will run at 100%, ADC will be working at full operation.”
 
Yes, he has contingency plans and is in ongoing communications with the Governors Office however, for you and me it is work as usual keeping the public safe, upholding the laws of the State of Arizona.  I am strong in my opinion and my position is to not get caught up in rumors or, repeat words with no validation.  Should you have questions, any questions please contact me through http://www.fopadclaborcouncil.com/ or at http://www.azfop44.com/ and I will respond in support of our mission with ADC.
 
I have always loved the saying “When the going gets tough, the tough get going”!  We at the Arizona Department of Corrections live up to that mantra on a regular basis without hesitation, without blinking an eye, we are the professionals.  I am sure that the public will never completely understand our work environment or the job that has to be fulfilled, no matter what the situation, to keep them safe.  I know Mr. Ryan is out there fighting for us in all its complexities during this budget impasse and there are many facets we will never understand.  I encourage all ADC staff, members of the FOP or any organization with affiliation at the Arizona Department of Corrections to continue your support of Mr. Ryan. 
  
We the FOP and FOP ADC Labor Council say THANK-YOU to all of our Brothers and Sisters at Tucson Complex during these very difficult times, keep up the hard work.

Vice-Chairman Corey Kuykendall of the FOP ADC Labor Council submitted the following:

06/30/2009 at 7:30pm.
First, I have been very busy with the Tucson Tactical Team.  I appreciate my leadership on the team and am glad to have such a fine group of people mentoring and leading us.  I also appreciate all of my fellow Officers that put the courageous foot forward to come to work under such stressful and dangerous situations. I was glad to meet fellow brothers and sisters of the FOP from other complexes that came down to support Tucson.

I am sorry that I have not answered all of your questions individually due to the situation at work.  The number one question I will answer though.

Answer:  Director Charles Ryan contacted us today to discuss the budget for the Arizona Department of Corrections.  He assured FOP that in the event that no budget is signed by Governor Brewer or one fails to be presented by legislation, we as a department will continue to operate at 100%.  There will be NO 50% furloughs at this time.  Direct Ryan said that he will keep us advised of the situation as it develops.  Legislators will be at work until mid-night to work on the bill.

Brother Jim Mann and the FOP have worked hard to fight for our benefits, pay, and jobs with this years 3 Billion dollar short fall in the budget.  It is an almost impossible task for a department head and an employee organization to win out over a 3 billion dollar deficit.  I am glad that Director Ryan has lead the fight for our jobs and supports our efforts at legislation.

 
We will keep you informed of the results.

Corey Kuykendall
FOP ADC Labor Council Vice Chair Person

PV Complex Representative Works for Resolution

The recent death of Inmate Powell was both disturbing and a shock to the whole Department; the eyes of the nation are now focused on Perryville and the Arizona Department of Corrections.

On 6-3-09, Vice-President Bob Calhoun had a meeting with Warden Schroeder where several pressing issues were discussed, but the main topic was the death of Ms. Powell and the ongoing investigation.

It was learned that there was more than one incident being investigated, the first happened a week prior and the other a week after.  This past week, Representative Calhoun has been assisting anyone who has asked for help regardless of association.

Warden Schroeder has pledged that all staff members involved will be treated fairly and all mitigating circumstances will be taken into consideration.  What we must accept is the fact that mistakes were made and there must be accountability.  In some cases policy was not followed, but even where policy was followed, some staff failed to document the incident.

As a condition of our employment we are required to cooperate with the investigation, but when questioned sometimes there is a tendency to attempt to answer the questions in such a manner that that it appears policy was followed even when it was not.

If policy was not followed, just be truthful; tell what happened and why it happened.  The only way misguided policy will be changed is if it can be established it does not work in all cases, and adjustments had to be made due to circumstance.

Bob Calhoun pledged his full support to the Warden and that of the FOP.  We must also be ready to take our lumps, undocumented mistakes are going to have their consequences, documented mistakes provide the ability to explain and allow for the benefit of doubt.

We must all pull together and support our Brothers and Sisters but moreover, support our leadership, so the difficult decisions can be made, policies rewritten, and prevent having to repeat mistakes in the future.

Bob Calhoun
Vice-President Lodge 44
Trustee, ADC Labor Council

Call First

Every ADC employee should be able to determine whether or not they have been involved in a significant incident at work.  If a Supervisor asks you to write a report, the incident will be reviewed and that means it is significant.  Copies of reports like these should be retained by the employee, along with any documentation, key logs, journals etc., which might be pertinent.

Any time an employee receives a Supervisors Complaint or Notice of Administrative Investigation, they should immediately notify their FOP Representative.  That representative or Labor Services will assist the employee in the preparation of a response, provide insight on the ramifications of the investigation and provide policy expertise.  Employees have three (3) days to respond to a Supervisors Complaint.  Your FOP Representative may also assist you as an observer, or help obtain one if desired, for any AIU Investigation.  At the very least, the employee should tape record any AIU Investigation, and your local FOP Representative and Labor Services will arrange for you to have a recorder.

 
Many investigations result in disciplinary action by the Department.  When employees are served with discipline, they should again advise their FOP representative or Labor Services immediately.  All discipline will become part of your permanent employment record with the State.  PACE entries, a Notice of Necessity to Improve and verbal counseling are not considered discipline.  All discipline should be reviewed by Labor Services for appropriate grievance action.  Even though you may have admitted to any infraction, the severity of the penalties imposed may be grieved if inappropriate.

   
Part of what you pay member dues for is the member services in the work place.  Those services locally include representation in Deputy Warden and Wardens meetings and assistance with PACE and discipline grievances.

Unit Representatives

Question – “Why aren’t there FOP representatives on each shift?”

Of course, that is the ultimate goal.  We had our training in "Basic Representation, Discipline and Grievance" last month, expanding the number of local members providing representation.  We currently have most complexes covered with a Complex Representative and are actively seeking members to step up and be Unit Representatives.  Most Complex Representatives also act as their respective Unit Representative.
 
Any member willing to 'step up' and be a Unit Representative would be provided training at no cost and a support system.  Unit Representatives interface with their respective Deputy Wardens and assist the Complex Representative.  Unit Representatives would be expected to cultivate a working relationship with their Deputy Warden, attend Officer/Deputy Warden meetings as provided by policy, and attempt to 'head off' or correct grievance and discipline issues by working informally with the Deputy Warden before they become formalized.

Unit Representatives would work ‘hand in hand’ with Labor Services and at times the ALC to provide assistance with grievance issues, responding to discipline and providing ‘observers’ to comply with AIU investigations policy.  These representatives would also play an important role in member recruitment.  One of their biggest responsibilities would be to provide a manner in which individual employees could get questions or issues answered by the administration as well as bringing forward issues that impact the staff in general.  Their ‘working relationship’ with the Deputy Wardens provides the means by which both solutions and problems can be advanced through the chain of command.

The advantages of being a Unit Representative are straight forward.  As we have seen in the past, Officers that are Visitation or Canine often seem to have a ‘leg up’ in advancing their careers.  That is simply because they have become more familiar with a more diverse part of the Departments policies and procedures and have become comfortable working with the administration.  Unit Representatives, simply by the nature of their position, would become more familiar with a wider variety of policies and procedures, have worked directly with the administration on solutions, and would have displayed a desire to be integral and beneficial to the Department.

Once members have ‘stepped up’ to the responsibility of representing their units, members to provide input, advice and interface with those Unit Representatives will be needed on each shift, to provide a smooth flow of information, both for problem solving and distributing the success stories of the unions members.  Then, as members promote and retire from positions, a large ‘pool’ of prospective members is in place to ‘move up’ in the representation chain, all the way to the Executive Board of the FOP ADC Labor Council.

Every step of the way, from local representation to participating in collective bargaining agreements, the FOP and ALC will provide training, expertise and leadership at no cost to the participating members.

Members interested in exploring the possibility of being a FOP Unit Representative should contact Labor Services and their local Complex Representative.

Stephen R. Vandegrift,
Labor Services
FOP ADC Labor Council
sectreas44@yahoo.com
602-677-7822