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

FOP ADC Labor Council Submits Due Process Proposal (ADC LC News)

The following due process proposal has been submitted to Director Ryan.

The FOP ADC Labor Council believes that the support observer program as described in DI 221 is the employer’s best defense against accusations of unfair treatment by the employees.  This support observer provides a witness against accusations of abusive language, coercion, inappropriate questioning techniques or any other accusations of wrongdoing by the Department’s investigative or administrative personnel. 

As written in DI 221, there are so many restrictions that an undue burden is placed on the employee that desires a support observer.  Most investigative interviews are conducted with such short notice to the employee that prior arrangements can not be made for the support observer.

To ensure that the Department is viewed as completely fair and transparent when conducting investigations that might result in discipline to the employee, the addition of representatives from the Qualifying and Other Employee Organizations should be added to DI 225, DO 601 and any other pertinent policies.  These representatives should be:

 Employees who are members of a recognized employee organization may request a representative from that organization.
 Representatives shall not be attorneys.
 Representatives shall not be paid employees of the employee organization.
 Representatives shall not have been terminated from State service or resigned from State service while under investigation or in lieu of discipline.

Employee representatives are already allowed throughout the Grievance process.  The addition of employee representatives at all levels of the discipline process serves to show the Department as completely fair and transparent when disciplining its employees and that discipline is the ‘measure’ of last resort by the Department in correcting an employee’s behavior. By allowing the active participation of employee representatives throughout the discipline process the number of complaints brought to the State Personnel Board for review should be substantially reduced.

Corrections is the final result of the criminal justice system and those corrections employees are no less public safety and law enforcement personnel than the other employees in the criminal justice system.  The FOP ADC Labor Council believes firmly that the due process rights of corrections employees should be virtually the same as those extended to police and other public safety employees across the nation.  Honesty and integrity are imbedded in the obligation taken by members of the FOP and without it, our motto, which translated means ‘Law is a Safeguard of Freedom’ is meaningless.  

Director Ryan has already addressed these proposals with initial responses.
• No representatives shall be allowed during the fact finding.
• No representatives shall be allowed during one-on-one verbal corrective action by supervisory or administrative staff.

Our position has never been intended to become involved in the fact finding.  That is an exclusive function of the employer and we agree completely.

We will continue to pursue expanded due process and will make the following points:

2. DI #221 makes no reference or consideration to representatives from the QEO (Qualifying Employee Organization) or OEO (Other Employee organization).
a. DI #206 section 3.8.4 and section 6.8.4 expressly provides for representation from the QEO and OEO.
b. It is the position of the FOP ADC Labor Council that DI #221, DO #601, DO #508 and any other applicable DI or DO should be updated and integrate employee representation from the QEO and OEO.
c. Information from other law enforcement organizations in other states that fully utilize employee representatives has shown that properly applied, employee representation can significantly improve communication with administration and reduce the need for employee discipline and employee grievance. 

• The ‘Employee Observer’ program shall be enhanced and expanded with the inclusion of employee representatives.

Inappropriate Touching

Female staff at Lewis Complex have reported that inmates ‘go out of their way’ to place their hands on female staff members hands and arms.  I have shown the female staff members that I work with exactly what has been shown to me; how the inmates at Lewis complex are touching them. The female staff I work with were upset and said ‘point blank’ that they would not stand for this if it ever  happened to them, to the point that if they feel threaten, they will defend them self’s accordingly.

 
I have spoken with a few Disciplinary Sergeants about the inmate’s caressing female officer’s arms/hands and taking liberty with the female staff in general.  They all agree the Department ‘dropped the ball’ when it came to this issue when reviewing the disciplinary system.  I know that Arizona law considers that any unwanted touching or physical contact by any person can be considered sexual assault or sexual harassment.  There is a charge for sexual abuse which is a 27B, but this is not appropriate for this issue.  This is something that will be brought to the Director’s attention.

 
This action, under Department Policy, would consider this type of touching, by male inmates to female staff, as unauthorized physical contact, which falls under 36B under the disciplinary system.

 
36B Violation of any published Department or Institution Rule.

 
This will have to do for now until the Director has the opportunity to review this and possibly add sexual harassment/sexual assault of staff as part of the disciplinary system.

 
G. Camacho, Trustee, ADC Labor Council

FOP ADC Labor Council Director Meets Again With Director Ryan

April 6th, 2009, spring and change are in the air, with a few gusts of wind!!

I appreciate being able to step up to tell you that Director Ryan, Deputy Director Flanagan and their support staff are working extremely hard, with early to late night meetings, for very special Officer’s, YOU!  I met with Mr. Ryan and Mr. Flanagan on Monday morning, April 6th; these Gentlemen are serious about ADC business, do not be fooled!  Mr. Ryan made it very clear he is diligent in trying to maintain every Officer’s job, Staff Safety is extremely important and a staff assault will be called a staff assault. 

Everybody has heard rumors about privatization for prisons; Mr. Ryan does not support this position because he supports you, the Officer, and all of his staff.  Do not believe for a minute he is trying, or wants, to take away the stipends, uniform allowance or any part of your current income.  Mr. Ryan and Mr. Flanagan do not tell the Legislature how to do their job; they do have to be fiscally prudent for both ADC and the taxpayers. 

Mr. Ryan and Mr. Flanagan do feel all Officer’s and staff need to be treated equally when it comes to discipline, not the practice we have seen in prior times where some get away with significant infractions or are not held accountable.  They do see the abuse of staff hours that are not in support of the ADC mission, taking away from you and staffing levels at Complexes/Units that support Public Safety. 

I continue and encourage you to support our newly appointed Administration because I know they are working countless hours for us, to maintain our quality of life at home and improve that quality on the job!  We are not going to see change instantly, like our microwave popcorn.  Concise, logical, law based decisions with a human touch take time and diligence to support our jobs and the focus of the Arizona Department of Corrections.

I, by nature, am a rancher  and farmer; I  learned early in life you must take care of the ground you live on to sustain your life, that involvement in the community makes you the community and honesty is the best policy.  As a wife and lifetime partner married to the Military for over 21 years, I have learned many other lessons in life “diplomacy” which I am not always good at, but tenaciously strive to be better for you!  To be the very best in uniform no matter what the job is in life and commit 100%, as I am the job and what the public sees.

I am “Thankful” and proud to represent Officers in the FOP and all Officers with the Arizona Department of Corrections who maintain their vote of confidence in me.  As Director for the FOP ADC Labor Council, there have been times we have agreed we will not agree and that’s OK.  We completely understand that our entire focus needs to continue in specific areas like Staff Safety and Professionalism by our Officer’s, Accountability and working with our Director, Mr. Ryan, and Deputy Director Flanagan.  Our primary goals are to maintain in this budget crisis your jobs and your quality of life, both inside and outside the Department, and our professional position in the communities as Officer’s.

Melissa Wallace, Director
FOP ADC Labor Council

ADC Labor Council Meets in Tucson

On March 24th, the FOP ADC Labor Council met before the regular Lodge meeting in Tucson.  The 2010 Budget Reduction Plan Draft was discussed at length.  The ADC Labor Council understands the severe budget restraints facing Arizona and ADC in particular, but hoped to impress upon it’s members that these are drafts and ideas only; no decisions have yet been made nor any action taken by Director Ryan or the legislature.

Labor Council Director Wallace and the Executive Board all agreed that it was wise to present these draft proposals to both the employees and the inmate population so that everyone understood just how severe the budget needs were and the possible impact on ADC.  All employees should be proactive and inspect their own budgets to determine just how they can make ends meet should severe restrictions be imposed.  Now is the time to reflect on non necessary spending and start saving for the future impact.  Some of these draft proposals could become a reality in less than 120 days.

Since these are only draft proposals, the ADC Labor Council is not yet prepared to take any written or ‘firm’ stand on any single proposal.  The FOP national position is that no public safety positions should be cut to balance any budget and the FOP Lodges for Corrections in Arizona and the ADC Labor Council agree with that position.  Our legislative liaisons and lobbyists are keenly aware of the budget restraints and the ramification.  They have made themselves available to work with agency heads and elected officials to resolve these matters with as little disruption to public safety as possible. 

The Labor Council further agrees with Director Ryan that staff safety is paramount and by remaining faithful to that end by providing appropriate staffing levels, the safe, secure and orderly operation of ADC provides for employee, inmate and the public safety.  These draft proposals and the budget may be ‘fluid’ and changing, but Director Ryan has stated his commitment to staff safety is not.

The FOP was built on professionalism, honesty and integrity and to that end, will continue to lead as we have before.  Director Wallace and the entire Labor Council Board have made themselves available to the Director, his Deputy and the Department for input, ideas and consultation should they desire our assistance.  We have already submitted three proposals to the Director’s Office in writing for his consideration.  Only by ‘pulling together’ as professionals will ADC continue to be successful. 

Taking the Challenge
                                      
I was impressed at my meeting with Mr. Ryan and Charles Flanagan last Tuesday (3-10-09); the steely and statistical approach by Mr. Ryan for Staff safety was a breath of fresh air for fair representation of all ADC employees. Mr. Ryan made it clear from the beginning that it did not make any difference if we were 40, 400 or 4000; his job is to act on behalf of all 10,000 of us! My response is simple. Thank-you!!

I already knew his primary focus would be meeting the demands for budget cuts in the upcoming years, 2010 being very difficult. The conversation did move quickly into his support of Staff Safety as one of his big priorities. I felt Mr. Ryan's approach was real, sincere and completely dedicated to getting ADC through difficult times over the next couple of years. I listened and learned from Mr. Ryan; his working knowledge of ADC is deep and intense and he will apply that insight to better represent ADC and work to benefit the staff that is committed to the department.

We have to understand that budget cuts will be at times tough but, what does not break us only stands to make us stronger. We as Officer's must come together and stand shoulder to shoulder to support each other and work with the new administration. I ask that you do not feed into articles or written publications that are less than accurate, biased, with the intent to incite a ‘fight’ response. Now is the time to step up and be the professional Officer that you are! We took an oath to uphold laws, policies and the ethics of ADC. Now, more than ever, we need to stand behind Interim Director Chuck Ryan and Deputy Director Charles Flanagan to lead us into a new direction, support decisions we might not completely understand, knowing he has our best interest at heart and that they are in there fighting for us, more than we will ever know!!

I did offer three ideas for their review; these items will be addressed at the March Tucson FOP Lodge meeting. I have found in the past when I tell everyone my ideas, they become everyone’s new ‘skateboard’. I know that these three items will be reviewed and digested. I am patient and know they will take all of my points into consideration.

Please, I ask that we put our full support behind Mr. Chuck Ryan and Mr. Charles Flanagan ensuring that the work they are completing is in the best interest of Staff, ADC and Public Safety. See you at the FOP Tucson Meeting.
 
Melissa Wallace, Director
FOP ADC Labor Council

FOP Top Priority Introduced in the House                                                                          
Chuck Canterbury, National President of the Fraternal Order of Police, hailed the introduction of H.R. 413, the "Public Safety Employer-Employee Cooperation Act," and repeated his earlier claim that he was "all but certain" that the bill would be enacted before the end of 2009.
"This is not an assertion we make lightly, but we laid the groundwork for success last Congress," said Canterbury. "President-elect Obama was a strong supporter of the bill and, as a candidate, pledged that he would sign it into law."                                                            
The bill, H.R. 413, was introduced by Representatives Dale Kildee (D-MI) and John J. Duncan, Jr. (R-TN). The legislation, which recognizes the right of public safety employees to form and join unions, and bargain collectively with their employers, passed the House in July 2007 on an overwhelming 314-97 vote. The legislation also won a strong majority in the Senate during a procedural motion, though efforts to move the bill were ultimately stalled by parliamentary tactics.                                                                                                                     
"Public safety employees—police officers and firefighters—are virtually the only class of workers left in the nation today who are denied the fundamental right to bargain collectively with their employers over wages, hours, and working conditions. We're going to change that this year," Canterbury said. "Together with our partners at the International Association of Fire Fighters, we will get this bill passed and signed into law before the end of 2009."                                    
Support H.R. 413, the "Public Safety Employer-Employee Cooperation Act"                             
This legislation, which would guarantee the right of public safety employees to bargain collectively with their employers over hours, wages and conditions of employment, was introduced by U.S. Representatives Dale Kildee (D-MI) and John J. Duncan, Jr. (R-TN) in the first week of Congress.  The Senate companion bill has not yet been introduced.

U.S. Senator Patrick Leahy calls the National F.O.P. the premiere L/E Organization in the Country

Senator Patrick Leahy (D-VT) attended the National Fraternal Order of Police’s Day on Capitol Hill meeting.  In attendance were F.O.P. members from across the country that came to Washington D. C. to meet their U.S. Representatives and Senators and push the National F.O.P. political law enforcement legislative agenda.  Senator Leahy during his speech thanked the National F.O.P. for their hard work on the passage of the “Bulletproof Vest Partnership Grant Act of 2008.”                                                                                                     
This bill will reauthorize the Bulletproof Vest Partnership Grant program.  This program was scheduled to end in fiscal year 2009, through fiscal 2012. This grant program will help law enforcement agencies purchase lifesaving bullet resistant vest for law enforcement officer across the country.  Senator Leahy praised the F.O.P. leadership for its role in getting this bill passed in both the U.S. House of Representatives and the Senate.  Senator Leahy told the entire body that is was the F.O.P. and their hard work that made the passage of this bill possible.   The Vest Partnership Grant Program has so far helped departments across the country that could not afford it purchase over 800,000 bullet resistant vests for their officers.  
Senator Leahy also thanked the National F.O.P. for their leadership role in getting the funding for the Edward J. Byrne Memorial Justice Assistance Grant (Byrne-JAG) program, the Office for Community Oriented Policing Services (COPS) hiring program, as well as other direct assistance to state and local law enforcement which can be found in the conference report on H.R. 1, the "American Recovery and Reinvestment Act."  Senator Leahy along with the representatives and senators from Arizona all praised the National F.O.P. in fight to get these programs funded.      
Senator Leahy called the Fraternal Order of Police the premier law enforcement labor and legislative organization in the country and the strongest voice for law enforcement on Capitol Hill.  Senator Leahy told the members of the F.O.P. in attendance that he only has one plaque hanging in his office; that plaque is the only one out of the hundreds he has that he cherishes enough to hang in his office, the Fraternal Order of Police plaque he received for his commitment to fighting for law enforcement on Capitol Hill.  No other organization, law enforcement or otherwise, has the credibility and respect that the Fraternal Order of Police has at the nation’s capital.  The F.O.P. is the voice of law enforcement.  Senator Leahy ended with a call for the Fraternal Order of Police to carry on the fight to represent the law enforcement officers of our great country.  He got a standing ovation by the members and National F.O.P. President Chuck Canterbury presented the F.O.P.’s 2009 Presidential Inauguration Badge to Senator Leahy.

Please note that the described cuts for 2010 are "options" - not a certainty.  The cuts being discussed for all State agencies are severe.  The Legislature has quite a way to go before any of the discussed options are settled upon.

 February 13, 2009
 
Corrections Dept. facing 11-percent cut in prison officers
Capitol Times - AZ

The Appropriations chairmen’s list of options to bridge next year’s budget gap includes a $130-million hit to the Department of Corrections, one of the state’s largest agencies.

And among the options being considered is increasing the inmate-to-officer ratio, a savings of about $25 million to the state.

But that would mean the department would have to shed more than 600 correctional officers out of its 5,694 positions, a nearly 11-percent reduction in the correctional officer workforce.
All but 21 of the correctional officer positions are filled. The state’s inmate population is nearly 40,000. Most of the inmates are in state prisons, while 4,300 are in private prisons in Arizona and another 4,200 are in out-of-state prisons.

“I can’t overemphasize the issue of public safety and staff safety and inmate safety,” DOC interim Director Charles Ryan told senators during a hearing on Feb. 9.  Ryan appealed to lawmakers to “look at how we actually have to staff and manage these facilities.”

The option being considered would bring that ratio to about the national average among state prisons, according to the American Correctional Association.

Ryan explained that the issue of safety doesn’t end at inmate-guard ratios. He said the security operations include the design of the prison facility, the custody levels of the inmates, the department’s ability to respond to incidents, staff safety issues, and the programs provided to inmates.

Ryan, who was also a DOC interim director a few years back, told lawmakers that the department is projecting assaults on the correctional staff would surpass 300 incidents this year if the trend holds.

Ryan said he receives reports of assault on the correctional staff almost every day.
Meanwhile, the inmate population is growing. Another option also apparently being considered is to bring back out-of-state prisoners to Arizona.

“If we lose 612 people and that goes into effect in July and we have population growth for the balance of the year, we have reduced our corrections force by over 10 percent and frankly the workload is not going to change… I’m really concerned that employees will be put at risk, and more risk than they are facing now,” Ryan said.

The chairmen’s list of options included a lump-sum reduction to the agency of about $5.2 million; increasing the monthly utility fee for inmates who use at least one electrical appliance, which would generate about $226,000 in fiscal 2010; transitioning inmates to the home-arrest program by expanding those eligible for the program, a savings of up to $22 million; and requiring individuals with sentences of 12 months or less to be incarcerated in county jails rather than in state prisons, which would save about $79.5 million. 

During the Feb. 9 Senate Judiciary Committee hearing, Sen. Russell Pearce, a Republican from Mesa, suggested cost-saving measures including the hiring of part-time workers, who would be people who have retired from the department and would therefore have the experience but would receive no benefits.

Yours, Mine and Our Budgets!

When we took our oath at COTA for graduation, it was like taking my wedding vows again.  It was to have and to hold, from this day forward, for better or for worse, for richer for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part.  Of course we can’t forget the part to uphold the laws, policies, protect the public, our fellow Officer’s, inmates and so on…

Well, we can decisively say we are entering a period of our relationship with the department of “for poorer” and we will see “sickness” as the stress levels increase due to budget cuts.  However, when I’m sick and feeling poor, my husband doesn’t yell at me or accuse me of being under handed.  He reminds me that we will work it out together as a team, as we always have in the past.  I feel the words of unconditional support to help me succeed in my goals, respect, kindness and the acceptance of me with my faults and my strengths, and with of course, the single most important elements of forgiveness and love.

The budget, with decreasing resources, should only move you as Officer’s and staff to a new level.  We should be assessing the bottom line of available monies/resources both at work, at home and at the State level.  As adults we need to step up to the challenge and see how we can reduce expenses and make the most of what we do have to survive this very tough economy in every aspect.

I would encourage you to not get caught up in the drama, gossip and the less than truthful information released or displayed out there.  There are folks out there that want you to think that being angry and not trusting is the answer, it’s a lie.  Try being part of the solution not part of the problem.  Make suggestions to Mr. Goldsmith for ways we can save money.  Then try and do the same in your home to see if the results can make a difference in savings.  Don’t spend money you don’t have and don’t waste your tax dollars!

We need to Thank Mr. Hallahan, Robert Patton and Mr. Goldsmith for looking out for us and working so hard on trying not to reduce staff that we already do not have enough of, being very frugal and anticipating the legislature’s demands.  We do need to understand that Mr. Ryan and Mr. Flanagan are coming into the department when times are beyond the definition of tough, almost unforgiving!  Remember the words “for better or worse” and find a way to be supportive, kind and yes, loving by helping your fellow Officer in these hard times.

Yes, we do need to call our elected officials and recognize the hard choices they have to make now and over the next couple of years.  Tell them how much you appreciate all of their personal sacrifices by being away from their families and homes, dealing with angry constituents and people pointing fingers unfairly. Remind them we have concerns by explaining but, again, be part of the solution not part of the problem.

The most important lesson of all is that it is OK to be humble by setting those giant examples and telling fellow Officers and staff, “I really do love my job”.

Melissa Wallace, COIII

Director, FOP ADC Labor Council

Warden's Meeting

1-16-09 at 1PM Florence Complex

1. Medical assistance for Staff on shift having a medical emergency?
Warden: Yes medical is required to respond to any medical emergency (staff, visitation or inmate). If a staff member is having a medical emergency, medical will respond and asses the situation until an emergency transport arrives to take over the situation.

2. Is the SPA program really effective?
Warden: Yes the SPA program is effective and has help prevent many problems with in the cell blocks to which the SPA inmates are assigned. It has also helped target inmates who need more medical supervision.

3. Do you see over time in any fashion coming back to the department?
Warden: No at this time, no over time of any type will be coming back. The state has a budget short fall and is trying to save money in many areas, so the department must also try to save money where it can, to continue the day to day operations.

4. Do you feel those still on original probation should be allowed to go on transports (IE medical runs, complex runs out side Florence)?
Warden: Depending on the situation 1 senior staff member and 1 staff member on original probation may go on a transport if there is no other staff available. We must keep in mind that we cannot send all of our senior staff on transports because that will just leave us with only junior staff at the units. At this time, many are on original probation and we need senior staff at the units to deal with situations. The needs of unit must be measured by the supervisors and they must make the decision based on those needs.

Janice K. Brewer
Office of the Governor
Main Phone: 602-542-4331
Governor 1700 West Washington Street,
Phoenix, AZ 85007
Facsimile: 602-542-7601
FOR IMMEDIATE RELEASE CONTACT: Paul Senseman January 30, 2009 (602) 542-1342 psenseman@az.gov

GOVERNOR BREWER NAMES CORRECTIONS INTERIM DIRECTOR AND DEPUTY DIRECTOR PHOENIX

Arizona Governor Jan Brewer today named Charles L. Ryan as Interim Director of the Arizona Department of Corrections and named Charles Flanagan as his Interim Deputy. Both appointments are effective today.

Charles L. Ryan has thirty years of experience in the field of corrections, having served most recently as a corrections consultant on the national and international levels. He has also served as Assistant Program Manager for the Department of Justice, as Director of the Arizona Department of Corrections, as a prison warden and as a prison administrator. He possesses in-depth, hands-on institutional skills developed at entry-level, supervisory, administrative and executive level positions from minimum to super-maximum security.

Mr. Ryan has extensive experience in the development of correctional institution policy including the formulation of the inmate classification system, the staffing and activation of various prison complexes and the development of budgetary requirements all presented to the executive and legislative branches of government. He has also been instrumental in developing operational processes designed to enhance inmate accountability and safer prisons and detention facilities. He has executive experience in human resources and inmate management processes at an agency employing over 10,000 personnel and the custody and control of more than 31,000 inmates.

Charles Flanagan has extensive and diverse experience in correctional leadership, academic/work-based education leadership and correctional industries administration. He has over 23 years of professional correctional experience, having been promoted from officer through warden and Assistant Division Director, with fourteen years of experience in executive positions and an additional five years experience in supervisory and senior security positions. Prior to his appointment by Governor Brewer, Mr. Flanagan served as Director of the Correctional Education Division of Cochise Community College in Arizona, as well as program co-chair of the college’s Administration of Justice Studies program.

ADC Labor Council
Meeting Summary

     The FOP ADC Labor Council met on January 6, 2009 for an extended meeting.  Jim Mann, Director of the ALC, participated for an extended time and briefed the board on issues and concerns for the upcoming year as well as this critical transition period.  The possible transition of Arizona leadership and the current budget crisis were discussed by the members present at length.
     A nomination and election process was conducted resulting in board members retaining their present positions for another year and the Vice Chairman position being accepted by Corey Kuykendall of ASPC Tucson. 
     Director Melissa Wallace placed a great deal of emphasis on the upcoming year’s recruitment schedule and Wardens meetings.  ADC Labor Council expansion was discussed including Yuma and Douglas as well as solidification of both the Southern and Central areas.  Gains this year have been impressive, yet our message must be carried further and more clearly so that employees may determine what is truly at stake and the clear benefit of ADC Labor Council membership.

The Arizona State Fraternal Order of Police Associates is a nonprofit fraternal organization which donates to numerous harities annually. The Associates are comprised of civilian members of law enforcement agencies and citizens of the community who are dedicated to the men and women of the Fraternal Order of Police who protect us day in and day out. The Associate State Lodge offers a scholarship in monies up to $500.00 for children or grandchildren of Fraternal Order of Police members, Auxiliary and Associate members.

Listed below are the Requirements and Application Process:

Get application here...

October 18, 2007

VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Terry Goddard
Arizona Attorney General
1275 W. Washington
Phoenix, Arizona 85007

Dora B. Schriro, Director
Arizona Department of Corrections
1601 W. Jefferson
Phoenix, Arizona 85007

RE: Claim for Overtime Pay for DOC Correctional Officers III

Dear Attorney General Goddard and Director Schriro:

This claim is made pursuant to A.R.S. § 12.821.01 on behalf of the following Correctional Officer IIIs with the Arizona Department of Corrections (hereinafter “Officers”): Domingo D. Moreno, Robert W. Stevwing, Jr., Martin Huizar, Alberto Almanza, Sr., Laura Pyle, Regina M. Hudson, Andrew G. Engleman, Gloria M. MacArthur, Michele L. Sundwall, Keith L. Connell, Felipe M. Solis, Geraldine Wilcox Cook, Ramon Silva, Deborah L. Wilbur, and Esiquiel Aguilar, Jr..

This claim is for overtime pay calculated at the rate of time and one-half for all hours worked in excess of 40 hours in any one work week during the period beginning March 22, 2006, and into the future. As judicially authorized in Andrew S. Arena v. Superior Court, 163 Ariz. 423 (1990), this claim is also brought on behalf of all similarly-situated Officers employed by the State of Arizona, Department of Corrections (hereinafter “DOC”).

The basis of this claim is A.R.S. § 23-392 which provides in relevant part:

A. Any person engaged in law enforcement activities shall be compensated for each hour worked in excess of forty hours in one work week at the option of such employer at the following rates:

One and one-half times the regular rate at which such person is employed or one and one-half hours of compensatory time off for each hour worked if by the person’s job classification, overtime compensation is mandated by federal law.

If by the person’s job classification federal law does not mandate overtime compensation, the person shall receive the regular rate of pay or compensatory leave on an hour for hour basis.

B. For the purposes of this section, a “person engaged in law enforcement activities” means a law enforcement officer as defined by section 38-1001, a peace officer is defined by section 41-1701, or any security personnel responsible for controlling or maintaining custody of inmates in correctional institutions maintained by the State or a County, City or Town. The term “person engaged in law enforcement activities” shall not include any such person employed in a bonafide executive or administrative capacity as defined by the employer.

The Department of Corrections has not paid overtime as required by § 23‑392. Specifically, although the DOC has required the Officers to work 8.5 hour shifts or 42.5 hours per workweek, it has not paid these officers overtime pay for all hours in excess of 40 hours. Although thirty minutes of each 8.5 hour workday was ostensibly for an uninterrupted meal break, these officers, because of their work duties and work loads, did not have uninterrupted meal breaks. The full 8.5 hours per work day was therefore primarily and predominantly spent for the benefit of the Department of Corrections. These officers should have received overtime compensation for 2.5 hours per work week paid at the rate of one and one-half times their regular rates of pay. Prendergast v. City of Tempe, 143 Ariz. 14, 691 P.2d 726 (App. 1984).

This claim also seeks damages pursuant to A.R.S. § 23-351(C)(3) which requires that “overtime or exception pay shall be paid no later than 16 days after the end of the most recent pay period.” A.R.S. § 23-355 further provides: “If an employer in violation of the provisions of this chapter, shall fail to pay wages due any employee, such employee may recover in a civil action against an employer or former employer an amount which is treble the amount of the unpaid wages.”

In any such action to recover wages and treble damages, the Officers are entitled to recover all of their costs and reasonable attorneys’ fees. Velarde v. PACE Membership Warehouse, Inc., 105 F.3d 1313 (9 th Cir. 1997).

Finally, these Officers also seek pre-judgment interest at the rate of 10 percent per annum pursuant to A.R.S. § 44-1201, on all wages determined to be due and owing.

Because the information necessary to calculate the exact amount of wages and damages owed to each of the Officers is in possession of the Department of Corrections, it is impossible to state the exact amount due all of the Officers. Nevertheless, for purposes of this claim letter and in order to satisfy A.R.S. § 12-821.01, the specific amount for which these claims can be settled is $6,425,000.00. This figure was arrived at by estimating the Officers’ base pay rate at $20.00 per hour and therefore using an overtime rate of $30.00 per hour.

A class grievance was filed by these officers on March 22, 2007. Since March 22, 2006 (one year prior to the date of the grievance) to the present date, there have been approximately 75 workweeks. When the 75 workweeks of this claim period is multiplied by the estimated approximately 250 similarly situated Officers statewide, and that figure is multiplied times 2.5 hours of overtime for each employee per week and that figure is multiplied by the overtime rate, we arrive at a base overtime arrearage of $1,406.250.00. When trebled, that figure becomes $4,218,750.00. Interest at the rate of 10 percent per annum as provided by the statute was calculated at approximately $600,000.00. Attorneys’ fees of 33-1/3 percent ($1,606,250.00) were added to this figure. The total approximate value of the claim is therefore $ 6,425,000.00.

If you would like to discuss a proper resolution of this case, we would certainly be happy to do so. Otherwise, if we have not received your response or otherwise resolved this matter within 60 days from the date of this claim, we intend to file suit on behalf of the Officers and all other similarly-situated Officers seeking the full measure of damages as they exist at the time of judgment.

This letter also cautions that any reprisals against the named plaintiffs or other Officers for asserting their rights to wages is unlawful and will not be tolerated.

Sincerely,

Robert E. Yen
REY:ib

Chuck Canterbury, National President of the Fraternal Order of Police, hailed the introduction of S. 2123, the "Public Safety Employer-Employee Cooperation Act," describing it as one of the top priorities for the organization.

"Public safety employees—police officers and firefighters—are virtually the only class of workers left in the nation today who are denied the fundamental right to bargain collectively with their employers over wages, hours, and working conditions," said Canterbury.

The bill was introduced yesterday by Senator Judd Gregg (R-NH) and Edward M. Kennedy (D-MA), the Chairman of the Senate Committee on Health, Education, Labor and Pensions (HELP). In addition to Senator Kennedy, there were nineteen other cosponsors—eight (8) Democrats, nine (9) Republicans, and two (2) independents. The legislation, which is the companion measure to H.R. 980 that passed the House of Representatives by an overwhelming 314-97 vote, recognizes the right of public safety employees to form and join unions, and bargain collectively with their employers. States with collective bargaining statutes will be exempt, and strikes and lockouts will be prohibited under the provisions of the bill.

"Law enforcement officers take their sworn oaths and their commitment to the protection of the public very seriously," Canterbury said. "We do not engage in work stoppages or slowdowns. Threats to public safety are not used as bargaining chips by police or firefighters. But without collective bargaining rights, these critical employees—these dedicated men and women—have no avenue to influence important decisions affecting their jobs and livelihoods. That's just not right."

Canterbury pledged the strong support of the FOP for the legislation, saying, "The 'Public Safety Employer-Employee Cooperation Act' will put police officers and firefighters on an equal footing with other employees—they'll finally be able to bargain collectively for wages, hours, and conditions of employment."

Frequently Asked Questions (FAQs) About H.R. 980/S. 2123

The Fraternal Order of Police is the largest law enforcement labor organization in the United States, with more than 325,000 members.

With one exception. all of our 2007 Legislative Agenda items were passed by the legislature and signed into law.

2007 Arizona F.O.P. Legislative Agenda

Labor and Employment

As a result of our success in making changes to the Due Process statutes in 2005, we will continue to comply with our 2005 agreement with employers to delay FOP Due Process legislation for one more year. 

The two year delay was intended to allow employers time to make voluntary adjustments and prove that they can treat law enforcement employees fairly in due process situations without additional legislation.

Success - SB1006 public records; confidentiality (FOP BILL previously SB1223) - passed the House and Senate and has been signed into law by the Governor. The provisions of SB1006 will be enacted September 19, 2007 .

Previously, the statues only allowed peace officers, justices, judges, commissioners, public defenders, code enforcement officers and prosecutors to remove residential addresses and telephone numbers from certain public records.

SB1006 expanded the list of persons eligible to redact information to include; law enforcement civilians, corrections and detention employees, national guard members acting in support of a law enforcement agency, probation officers, members of the Board of Executive Clemency, a person who is protected under an order of protection or injunction against harassment and firefighters assigned to the Arizona Counter-Terrorism Center in the Department of Public Safety.

Previously, peace officers were required to file a new affidavit and obtain a new court order when new public records were created. SB1006 allows an eligible person to use the previously approved court order filing number to redact new records rather than have to go through the entire affidavit and court order process (by which time the new records had been released and often ended up on the Internet).

Retirement and Pension

Success - HB2787 criminal justice; budget reconciliation (FOP Bill - previously SB1042) containing CORP Ordinary Disability

Currently, all full time employees covered by PSPRS, EORP and ASRS have an ordinary disability benefit. Within CORP, dispatchers have an ordinary disability benefit, however, corrections officers do not. The cost to provide an ordinary disability benefit to corrections officers has been calculated at 2.4 million dollars.

The F.O.P.’s proposed ordinary disability was approved as part of the budget negotiations, however, the provision was approved with a delayed enactment. Implementation will become effective 1 year after the retirement system is 100% funded, but no earlier than June 30, 2010.

Withdrawn - HB2585 private retiree health insurance; subsidy (PROPOSED FOP BILL)Provide an additional Health Insurance Subsidy benefit for retirees who chose NOT to participate in health insurance options offered by their employer or the ASRS Retiree Health Insurance Program.

Compensation issues (Budget Process)

Success - Support budget legislation to address CORP salary compression issues (ADC Budget Issue).

• $3 million for ADOC Supervisor Pay Increase

Success - Support substantial salary improvements for all State employees and work toward achieving market level compensation (State Employee Compensation Budget Issue).

• $88.3 million to provide an across the board state employee salary increase of 3 percent, effective July 1, 2007. An additional 0.25 percent of the increase is added for performance pay.
• $27.2 million for the employer to absorb the state health insurance increase.
• $19.2 million for the employer to absorb the ASRS retirement rate increase.
• Specifies that $2 million appropriated from the DPS sworn officer salary adjustments is to be used for Officer I, II and III classifications. Allows $672,900 appropriated from the Parity Compensation Fund for sworn officer salary adjustments to be distributed as determined by the department.