Star & Shield November 2013 by Mark Vidal

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Volume 40 Issue 10

StarShield

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November 2013

COMING SOON!

RETURN OF THE PENSION REFORM PAGE 5

TABLE OF CONTENTS 188 E. Arrow Highway San Dimas, CA 91773 (323) 261-3010 | (800) 747-PPOA Fax (909) 480-3011 (email) info@ppoa.com (web page) www.ppoa.com POPA Federal Credit Union (800) 369-7672 | www.popafcu.org Star & Shield is the official publication of the Los Angeles County Professional Peace Officers Association (PPOA). Opinions expressed by individual board members or contributing authors in this publication do not necessarily reflect the opinions of the entire Board. The Board of Directors meets on the second Wednesday of each month in the PPOA offices at 10:00 a.m. Star & Shield subscription: $12.00 Executive Editor: Brian Moriguchi

BOARD OF DIRECTORS BRIAN MORIGUCHI, President JIM CRONIN, Vice President JIM BLANKENSHIP, Secretary ROGELIO MALDONADO, Treasurer

DIRECTORS DANYA HAZEN GERARDO GARCIA NOE GARCIA CHRISTOPHER LEE

RAY LEYVA ROBERTO MEDRANO ART REDDY TAB RHODES

2013 STANDING COMMITTEES ASSOCIATIONS Chairman MORIGUCHI DELEGATES Chairman CRONIN FINANCE Chairman MALDONADO INSURANCE Chairman RHODES LEGISLATIVE Chairman REDDY MEMBERSHIP Chairwoman HAZEN

612 NEGOTIATIONS Chairman MORIGUCHI 614 NEGOTIATIONS Chairman LEE 621 NEGOTIATIONS Chairman BLANKENSHIP 631 NEGOTIATIONS Chairman MACHIAN 632 NEGOTIATIONS Chairman CORRAL RETIREE LIAISON Chairman REDDY

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LASD — Power, Politics and Pride ... and Pensions . . . 4 Looking Ahead to 2014 . . . . . . . . . . . . . . . . . . 5 Unit 621 Secures New Salary Contract . . . . . . . . . 6 PPOA Salutes Its Military Vets . . . . . . . . . . . . . . . 7 Retiree Events . . . . . . . . . . . . . . . . . . . . . . . 7 Star & Shield Oktoberfest . . . . . . . . . . . . . . . . . 8 The Most Common Last Will and Testament Questions . . . . . . . . . . . . . . . . . . . 10 Should I Insure My Spouse? . . . . . . . . . . . . . . . 11 New Statute Protects Against Brady List Excesses . . 12 10th Annual PPOA Retiree Luncheon . . . . . . . . . . . 14 LEO Web Protect: Peace-of-Mind Benefit for PPOA Members . . . . . . . . . . . . . . . . . . . . .

Calendar of Events . . . . . . . . . . . . . . . . . . .

PPOA AFFILIATIONS

Southern California Alliance of Law Enforcement (SCALE) California Coalition of Law Enforcement Associations (CCLEA) International Foundation of Employee Benefit Plans Los Angeles County Organization of Police and Sheriffs (LACOPS) Public Employees Staff Organization (PESO) Fraternal Order of Police (FOP) National Conference of Public Employee Retirement Systems California Peace Officer Memorial Foundation

PPOA STAFF MEMBERS PAUL K. ROLLER, Executive Director CLARE FRANCO, Administrative Assistant NORMA GOMEZ, Administrative Assistant TERESA MACHADO, Labor Representative VIOLET PEREZ, Administrative Assistant SHANNON SCHRECK, Receptionist KEVIN F. THOMPSON, Intake Representative GREG TORRES, Public Relations Coordinator MARK VIDAL, Media Assistant MARICELA VILLEGAS, Executive Administrative Assistant JIM VOGTS, Legislative Representative VENISE WALLACE, Sr. Labor Representative

NOVEMBER 2013 | STAR&SHIELD

LASD — Power, Politics and Pride ... and Pensions Brian Moriguchi PPOA President Lieutenant, LASD

bmoriguchi@ppoa.com

I have expressed a hope that it will get better and the Department will return to its onceproud reputation as the finest law enforcement agency in the world.

STAR&SHIELD | NOVEMBER 2013

he Los Angeles County Sheriff ’s Department is under extreme scrutiny and is facing its most challenging crisis in my 28 years of service. The Sheriff ’s race is ramping up with former Undersheriff Paul Tanaka and retired Commander Robert Olmstead taking a run to unseat Sheriff Baca, along with a few other contenders. Division among the troops is growing and even PPOA may be impacted by this power play and political maneuvering. The grand jury appears to be concluding some of its investigations into the alleged jail abuses, obstruction of justice and corruption charges. And the Sheriff ’s Department is going through significant “restructuring,” but it is too early to tell if it is for better or worse. To top things off, there is another movement to attack our pensions, this time to impact current employee pensions. These are tough times for the LASD, but it a just a small blip on the radar. We will get through this and we will be better at the end of all this controversy. The Sheriff ’s election has caused quite a stir, primarily between Tanaka supporters and non-supporters. With Tanaka’s retirement, it is difficult to tell who is “in the car” and who is “out of the car,” and more importantly, whose car we’re talking about! Rest assured, Tanaka’s power inside the LASD has not waned as many of “his people” are in key positions and ranks within the Department. This has caused an “us versus them” conflict that has further divided the LASD. It is also exasperated by allegations that Sheriff Baca is “cracking down” on Tanaka supporters, transferring them to new assignments and generating internal investigations against them. Whether any of this is true or not, it is very apparent that internal strife is eating away at the once-revered LASD. It will certainly be a bumpy road along the way to the June 2014 primary and November 2014 general election if there is a runoff. With the Sheriff ’s election in the near future, the focus on many problems is amplified for political reasons. The County Commission on Jail Violence (CCJV) report blasted Paul Tanaka for his role in the jail use of force problems and criticized Sheriff Baca’s leadership as well. Sheriff Baca acquiesced to all of the CCJV recommendations and major reforms are now occurring in the L.A. County jails. Tanaka is on the campaign trail and distancing himself from the problems created in the Sheriff ’s

Department over the years, calling for change and a new Sheriff. Robert Olmstead is proclaiming to be the whistleblower and calling for a change from both Sheriff Baca and former Undersheriff Tanaka’s failed leadership. Politics is a unique beast and I now understand why so many despise it. Lies, distortion of truths and manipulation of facts appear commonplace. That’s politics! What bothers me most is the many conversations I have had with active and retired LASD employees. To sum it up in a nutshell, they are thoroughly disgusted by the current state of the Sheriff ’s Department and the decade-long destruction that many of them said was “so obvious and inevitable” for many, many years. Gang-like behavior of deputy sheriffs at all ranks, thievery, narcotic sales, brutality and blatant defiance to laws and regulations have for many become the “culture” within LASD. They fear that this once-honorable profession and most prestigious organization have become tainted and the badge so badly tarnished that many have disavowed the LASD and any association with it. This is the real harm done. When I talk to folks who dedicated 30-40 years of service to the LASD and are now disgusted by what it has become, it saddens me greatly to actually see it in their faces and hear it in their voices … a feeling of betrayal. Like finding out about Santa Claus and the Tooth Fairy as a child or catching your spouse cheating on you, it is a feeling of anger, sadness and disgust, and it violates your sense of trust. It sucks the pride right out of men and women who dedicated more time and service to LASD than anything else in their lives. To each of those I have spoken to, I have expressed a similar sadness, but also a hope that it will get better and the Department will return to its once-proud reputation as the finest law enforcement agency in the world. It may take a few years, it may take indictments, it may take an outside leader to step up and clean house, but it will happen. It has to. Society will not allow its police force to descend too deeply into corruption or mismanagement just as it never allows this country to go too far to the right or left in politics. Like a pendulum, it will always return to the middle when things get too out of whack. Hang in there and do not give up hope for LASD! continued on page 18

Looking Ahead to 2014

Paul K. Roller PPOA Executive Director proller@ppoa.com

We thought the Jerry Brown ‘solution’ to pension reform that passed last year was the end to the attacks on our pensions, but we were wrong!

t’s hard to believe that 2013 is almost behind us, but here we are and 2014 is breathing down our necks. In 2014, we can expect that some of the issues we thought we had “put to bed” will again resurface; that conclusions will be reached on some longstanding concerns; and that new opportunities will hopefully arise. Here are some of the issues that PPOA will be dealing with in 2014. THE RETURN OF PENSION REFORM We thought the Jerry Brown “solution” to pension reform that passed last year was the end to the attacks on our pensions, but we were wrong! The mayor of San Jose, Chuck Reed (who has almost singlehandedly destroyed the San Jose Police Department), is raising money for a statewide initiative that would give local governments (like L.A. County) the ability to end the retirement promised to active employees mid-career and replace it with a 401(k) for the rest of their careers. This initiative will hit the streets for signatures soon. Obviously, this could be a huge battle that PPOA and other public employee unions would have to fight again! We will keep you updated. SHERIFF’S ELECTION An issue on everyone’s mind in the Sheriff ’s Department is the 2014 election. So far, there are five candidates and the final filing period is not until March 2014. The current sheriff, his former undersheriff, a retired commander, a retired lieutenant and an LAPD officer are already in the race. Still to come are federal grand jury indictments that may also scramble the picture. PPOA’s Board of Directors has discussed this race and the various possibilities and will begin to formulate PPOA’s path once all the candidates are known. PPOA members, as always, will be kept in the loop by the Board. BOARD OF SUPERVISORS’ ELECTIONS Supervisor Zev Yaroslavsky and Supervisor Gloria Molina will be termed out in 2014 and successor supervisors will be elected. Obviously this is of great importance to PPOA members since these are two of the five people who vote on our contracts. So far, some very high-ranking politicians have been announced for these seats, but just like the Sheriff ’s race, the final filing date is not until

March 2014. We will interview all the candidates and eventually hope to help elect two individuals who will have law enforcement — and those who work in law enforcement — as one of their highest priorities. GRAND JURY INDICTMENTS As mentioned above, unfortunately the federal grand jury has been in town for three years looking into Sheriff ’s Department issues. The lead government attorney says that their work will come to a head by the end of this year. We have been told to expect a number of indictments, some possibly of our members. This issue could lead to big changes in the Department and possibly a restrictive “memorandum of agreement” — or worse, a “consent decree” — against the Sheriff ’s Department. There is no way to tell how much these developments will affect our members, PPOA or the Department. It is likely to result in significant attorneys’ fees for PPOA and much extra work in the future. PPOA, like you, can only wait for the “other shoe to drop” to see what happens. NEGOTIATIONS By the end of 2014, all PPOA bargaining units will either be back at the bargaining table or preparing to do so in spring 2015. We all agreed to a two-year deal in hopes that the national economy and the County’s fragile economic recovery will be better in 2015. We still hope for that outcome, but everyone can see what is happening in Washington, D.C. Let’s hope that those idiots back there, who should have the people’s and the country’s best interests at heart, don’t screw things up again! Obviously, if our national leaders don’t make the right decisions, we could be thrown back into a recession. Well, there is a thumbnail sketch of some of the things PPOA expects to tackle next year. As always, we will keep you updated on these issues and any other things that can affect your future. Until then, I hope you have a great holiday season!

NOVEMBER 2013 | STAR&SHIELD

Unit 621 Secures New Salary Contract

hese are the dates for our upcoming salary increases: • 2 percent on October 1, 2013 • 2 percent on October 1, 2014 • 2 percent on April 1, 2015 Thank you to everyone in Unit 621 for voting so quickly in order to have the new contract go into effect in a timely manner. The response was huge and much appreciated. I have no new information regarding what is being worked on for custody assistants. There have been

Danya Hazen PPOA Board Member Custody Assistant, LASD dhazen@ppoa.com

Mystery Photo

Contact the PPOA Staff Discount Tickets, Address Updates, Non-Job-Related Legal Consultation: Shannon Schreck sschreck@ppoa.com Questions About Current Insurance Policies: Norma Gomez ngomez@ppoa.com Membership, Dues Deductions: Clare Franco cfranco@ppoa.com Notary (by appointment): Violet Perez vperez@ppoa.com

Star & Shield, PPOA.com, Social Media, Delegates: Greg Torres gtorres@ppoa.com

Board and Foundation Inquiries, Political Action: Maricela Villegas mvillegas@ppoa.com

Contact the PPOA Board Executive Board

Brian Moriguchi, President (bmoriguchi@ppoa.com) Jim Cronin, Vice President (jcronin@ppoa.com)

Jim Blankenship, Secretary (jblankenship@ppoa.com) Rogelio Maldonado, Treasurer (rmaldonado@ppoa.com)

Directors Danya Hazen (dhazen@ppoa.com)

Inquiries About New Insurance Policies (Life, Home, Auto, Disability, etc.): PPOA Insurance Agency representatives (909) 599-8627 office@ppoia.com

Job-Related Labor Representation: Kevin F. Thompson kthompson@ppoa.com

many discussions and agreements, but everything takes time. By the way, the Fraternal Order of Police has extended an insurance offer to PPOA members in order to protect you in the event you face a criminal investigation. It is worth looking into. Of course, there is a charge, but that’s a small price to pay for peace of mind in today’s environment. Hang in there, my friends. I want to wish you all a very healthy, happy and safe holiday season. Merry Christmas and Happy New Year to you.

STAR&SHIELD | NOVEMBER 2013

Gerardo Garcia (ggarcia@ppoa.com) Noe Garcia (ngarcia@ppoa.com) Christopher Lee (clee@ppoa.com) Ray Leyva (rleyva@ppoa.com) Roberto Medrano (rmedrano@ppoa.com) Art Reddy (areddy@ppoa.com)

(323) 261-3010

Tab Rhodes (trhodes@ppoa.com)

PPOA Salutes Its Military Vets This list is continued from recent issues of Star & Shield. It is the result of surveys sent to retired PPOA members to gather information from those who served in the military. Our goal is to acknowledge our veterans and inspire our members to reach out to those who have proudly served our country. Ralph H. Poole, LASD ret. Marines, 1953-1956. Shore Party. 15 months in Korea. Medals: National Defense, Korean Service, U.N. Service.

Terrel D. Richmond, LASD ret. ’86 Air Force, 1949-1952. Reserves 1952-1990. 452nd Bomb Wing, 1st Shoran Beacon Unit, Air Force Office of Special Investigations. Medals: Presidential Unit, Meritorious Service, Korean Service and more.

Frank H. Woodall, LASD ret. ’92 Navy, 1951-1955. USS O’Bannon DDE 450, USS Munro DE 422, USS Kyes DD 787. Medals: Korean Service, U.N. Service, China Service and more.

Retiree Events 30-Year Reunion: LASD Class #220 November 16, 2013 Sheraton Pasadena Info: Angie Wilkinson, apwilkin@lasd.org Retired Marshal’s Office Luncheon December 4, 2013 Northwoods Inn, La Mirada Lakewood Retiree Annual Luncheon January 22, 2014 Elephant Bar, Lakewood 11:00 a.m. Info: Keith Mohagen, kamohagen@aol.com, (714) 525-7485 LASD Retiree Roundup April 6-9, 2014 Riverside Resort & Casino, Laughlin Info: www.lasdretired.org

LASD Classes 70 through 79 Dinner Reunion April 8, 2014 (in conjunction w/ Laughlin Roundup) Riverside Hotel/Casino, Laughlin Organizers need help locating class members Info: Hershel Aron (702) 360-0484 and Richard Byrd (410) 623-3804 Lakewood ROMEOs Luncheons Second Monday of each month Los Angeles Retired Deputy Sheriffs (LARDS) Second Monday of each month Bella Italia Restaurant, San Gabriel (across from Northwoods Inn) 11:30 a.m./$10.00 Wuzz Fuzz/Victor Valley Second Tuesday of each month Hometown Buffet Victorville, 7:30 a.m.

L.A. County Retired Deputies First Wednesday of each month Carrows, Hesperia 11:00 a.m. Retired D.A. Investigators Lunch First Wednesday of each month Frantone’s 10808 Alondra Boulevard, Cerritos,11:00 a.m. Info: Wes English, (714) 962-5862 Inland Empire Old Guys First Wednesday of each month B.C. Café, Rancho Cucamonga 11:30 a.m. Info: Dock Parnell, (909) 981-6217 Desert Heat Lunch Second Wednesday of each month Elks Club, Lake Havasu The Motherlode Loafers Second Wednesday of each month Location varies among Grass Valley restaurants Info: ceklasd@earthlink.net

Retired Deputies in Las Vegas Third Wednesday of each month Blue Ox Tavern on Sahara 12:00 p.m. Info: Tony Silas, (702) 251-8088 Compton Alumni Association Third Wednesday of each month Crystal Hotel & Casino 12:00 p.m. North County SEB Retirees Breakfast Third Wednesday of each month IHOP, Santa Clarita Santa Clarita Area Retired Sheriff’s Personnel Quarterly Luncheon Second Thursday in February, May, August and November Tournament Players Club restaurant, Valencia 11:30 a.m. Info: islandbum@ca.rr.com

NOVEMBER 2013 | STAR&SHIELD

OkSttaor&bSehriefldest

Tasty Brews for a Great Cause

POA is extremely grateful to everyone who helped contribute to our First Annual Oktoberfest last month. The event was extremely successful in helping us raise much-needed support for the Star & Shield Foundation. Those in attendance were treated to a host of very tasty craft brews from Golden Road, Firestone Walker, Steelhead, Bear Republic, Rogue Ales and Firemans Brew. Special thanks to our generous sponsors, including:

• Straussner & Sherman • Golden Road Brewing • 911MEDIA • Financial Resources • Hayes & Cunningham • Kramer, Holcomb & Sheik LLP • Lewis, Marenstein, Wicke, Sherwin & Lee

• Silver, Hadden, Silver, Wexler & Levine • Fickewirth Benefits Advisors • POPA Federal Credit Union

Photos by Greg Torres

And a final “cheers” to all who joined us for a great cause.

STAR&SHIELD | NOVEMBER 2013

NOVEMBER 2013 | STAR&SHIELD

The Most Common Last Will and Testament Questions By Graham Hawley, United Estate Planning

any of my clients often ask me to explain the benefits of a revocable living trust over a basic last will and testament. For me, this is an easy question to answer. I simply break down the factual differences between both documents and find that the truth speaks for itself. When one creates a last will and testament, they are taking it upon themselves to determine how their assets will be dispersed to their surviving loved ones or other entities, utilizing the authority of the probate court system. If no will and testament exists at the time of a person’s death, then the probate court determines the distribution of that individual’s assets based on the principle of “hereditary succession,” which may or may not comply with the deceased person’s original wishes. Probate court proceedings are always held in the state in which the deceased had permanent residency status at the time of their death. If that individual owns any out-of-state real properties, then the will would be required to go through probate in each state where property is owned, thus incurring multiple court fees, costs and frustrations. A revocable living trust would remedy that situation and simplify the entire process, avoiding multiple state fees and complications. The lengthy and often expensive probate process that a last will and testament goes through begins when the “personal representative” files a copy of the will along with the death certificate and a petition to admit the

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STAR&SHIELD | NOVEMBER 2013

INSURANCE

will to probate and grant testamentary letters to the probate court clerk. The testamentary letters authorize the executor to oversee the distribution of the estate (again, an often complicated procedure that can be avoided with the sensible placement of a revocable living trust). Even the creation of a clear and concisely written will is no guarantee that one’s wishes will be carried out. The probate of the will can often be contested, thus going against the final wishes of the deceased and how they wanted their assets to be dispersed. Grounds to contest a will can be based upon such issues as the alleged incapacity of the deceased at the time the will was drawn up. In other words, the contester, as commonly occurs, makes a claim that the deceased was “not of sound mind” when making the decisions regarding the instructions of the last will and testament. Other common objections brought forward by contesting parties are “failure of timely execution,” fraud, clerical errors or undue influence by third parties. All of these issues can be avoided ahead of time with the creation of a revocable living trust. When minor children survive the deceased, the decisions regarding who should be appointed as their legal guardian can become a huge bone of contention. The probate courts have the ultimate authority in these instances to investigate the qualifications of those persons chosen by the deceased to become guardians. If the court does not agree with the deceased’s wishes regarding guardianship, it may reappoint and change the guardianship responsibilities as it sees fit. Sadly, these decisions can often be very different from those of the deceased or even the surviving minor children themselves. A last will and testament by itself is no guarantee that one’s ultimate wishes regarding the most important things in life will be granted or adhered to. The probate process, as I’ve outlined, is a complicated affair with various pitfalls, but it doesn’t end with the subject of guardianship, contestation or multi-state jurisdictions regarding property ownership. There is also the issue of outstanding debts, taxes, and of course, expensive court and legal fees. At the time of one’s demise, the courts notify not only the deceased’s heirs, as outlined in the will, but also creditors and the public in general after inventorying all property and assets. The property and assets will then be distributed only after all creditors are paid and all state and federal taxes are satisfied. This is a time-consuming process that incurs court fees of anywhere from 4 percent to 6 percent of the entire estate’s assets and, finally, attorney’s fees of 3 percent to 4 percent on top of everything else. Keep in mind that these fees are based upon the gross value of the estate, not the net value. Even with all surviving parties agreeing to the instructions of a final will and testament and no one contesting any part of the deceased’s wishes, the entire probate process can take between nine months to a year to be completed, meaning that no surviving heirs will see any of their inheritance before that time. The ultimate advantage of a revocable living trust, if it hasn’t become clear to you by now, is that the time-consuming, expensive, emotionally painful and complicated process of probate is avoided and the courts are eliminated from the entire process. A revocable living trust does not need to be filed with any court upon your death and ultimately protects your wishes and your assets with an ironclad shield. Your loved ones will receive everything that you worked so hard to build your entire life. The chances of it being eaten away by an overly aggressive court system or any other outside party are completely neutralized. There is no comparison between a will and a revocable living trust. A trust protects, while a will does not.

Should I Insure My Spouse? By Eddie Holmes, PPOA Insurance Agency Manager

he death of a spouse is perhaps the most emotionally traumatic event a person can experience. What would you do if your spouse were to die unexpectedly? Approximately 55 percent of married couples both work, at least part-time, outside of the house. In most of these families, the debt obligations are more than either spouse’s income. If an unexpected death happens, you may be forced to sell assets at a huge discount, or even worse, have the bank repossess the family car or foreclose on the family home. Life insurance is the most effective way of providing money when it is needed most, for these tragic times. Some families have only one wage earner, but the surviving spouse needs to think of the cost of replacing what the deceased spouse provided to the family. It is easy to figure the need for the employed spouse, but what of the non-employed

spouse? How much will it cost you to have a babysitter, a bookkeeper, someone to take the children to school or other required appointments? Unfortunately, the employed spouse may have to reduce work hours to accommodate family needs. This often results in less income at the precise time that more income is needed. Most families can help mitigate these problems by acquiring a life insurance policy on each spouse. If your spouse is employed and you haven’t protected his or her income with a disability income policy, we can help you protect the family from the devastation caused by disabling events as well. Many of these insurance plans are available via payroll deduction. Many of you have insurance policies of various types that you may not have purchased through the PPOA Insurance Agency. Let us see if we can save money for you on your current insurance policies. Call us for a no-obligation insurance review at (909) 599-8627.

PPOA INSURANCE AGENCY All PPOA members are eligible to purchase valuable insurance coverage from the PPOA Insurance Agency (PPOIA). This agency was established in 2012 in order help PPOA members protect themselves and their families, while saving money and gaining peace of mind. Call (909) 599-8627 for information.

NOVEMBER 2013 | STAR&SHIELD

New Statute Protects Against Brady List Excesses By Michael P. Stone, Stone Busailah, LLP WELCOME NEWS! enate Bill 313 was signed by Governor Brown on October 12, 2013, effective January 1, 2014, adding new section 3305.5 to the Public Safety Officers’ Procedural Bill of Rights Act (POBRA, referring to the shorthand title “Peace Officers’ Bill of Rights Act”) at Government Code §§ 3300, et seq. The purpose of the new statute is to prevent law enforcement agencies from taking punitive action against peace officers solely because the officers are listed or identified in a Brady alert system or on a Brady list maintained by the local prosecutor’s office. Unfortunately, over the years since 1997 when Brady material in your personnel record became something to worry about, many law enforcement managers have equated presence on a Brady list with “unfitness to perform police duties,” so the deputies or officers under the Brady cloud were either “benched” or terminated. These policies reflected a fundamental misunderstanding of a prosecutor’s decision to include a deputy’s or officer’s identity in the Brady system. Understanding the effect of this new legislation requires a little review of how and why an officer is entered in the system and what it means to be included.

WHAT THE NEW LEGISLATION SAYS Government Code § 3305.5 reads: (a) A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by any public agency against any public safety officer solely because that officer’s name has been placed on a Brady list, or that the officer’s name may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83. (b) This section shall not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel action against a public safety officer based on the underlying acts or omissions for which that officer’s name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, if the actions taken by the public agency otherwise conform to this chapter and to the rules and procedures adopted by the local agency. (c) Evidence that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, shall

STAR&SHIELD | NOVEMBER 2013

not be introduced for any purpose in any administrative appeal of a punitive action, except as provided in subdivision (d). (d) Evidence that a public safety officer’s name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer’s name was placed on a Brady list is proven and the officer is found to be subject to some form of punitive action. If the hearing officer or other administrative appeal tribunal finds or determines that a public safety officer has committed the underlying acts or omissions that will result in a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed. (e) For purposes of this section, “Brady list” means any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office in accordance with the holding in Brady v. Maryland (1963) 373 U.S. 83. The Legislative Counsel’s Digest for Senate Bill 313 (de León) reads: “The Public Safety Officers Procedural Bill of Rights Act prohibits any punitive action, or denial of promotion on grounds other than merit, against a public safety officer, as defined, without providing the officer with specified administrative procedural protections, including, but not limited to, the officer’s right to inspect his or her own personnel file and an opportunity for the officer to file an administrative appeal under certain conditions. “This bill would prohibit a public agency from taking punitive action, or denying promotion on grounds other than merit, against a public safety officer, because the officer’s name was placed on a ‘Brady list,’ as defined. The bill would further prohibit the introduction of any evidence in an administrative appeal of a punitive action or a civil proceeding between the public safety officer and an office or public agency that the officer’s name was placed on a Brady list, except as provided. The bill would specifically not prohibit a public agency from taking punitive or personnel action against a

public safety officer based on the underlying acts or omissions for which that officer’s name was placed on the Brady list.” We have written a number of articles and training bulletins on Brady issues over the last 14 years because the implications of the problem have such a profound effect on police officers’ privacy in their personnel records and, ultimately, on their careers. If you haven’t kept up with these developments or cared about them, now is the time, because, as we have said all along the way, your career depends upon understanding what all of this means for you and for your police employers. WHAT MAKES BRADY MATERIAL SUCH A BIG DEAL? Brady material in your personnel record consists of information that discloses past conduct, allegations, findings and other indications that reflect a poor character for truth, honesty and veracity, or a record of dishonesty, discriminatory enforcement, excessive police conduct or acts of moral turpitude. Such material, if it exists in your personnel records, may be subject to release to the defense in cases where you are a material (prosecution) witness. If the information is sufficiently compelling to constitute potential impeachment evidence, it could affect both the prosecution of the case in question and your “value” or fitness as a material witness in future cases. Where the prosecutor determines that the material is so compelling as to destroy your credibility as a prosecution witness, your employer may feel compelled to remove you from any assignment that involves writing reports and testifying, and may even determine that you are unfit for further police assignment, leading to your employer’s efforts to remove you from your employment. But this is where new § 3305.5 comes in, to prevent punitive action solely because a member is on a Brady list. Nevertheless, it is serious business. You need to pay attention to these developments so that you can look out for yourself. Once the material is deposited in your records, you and your career are at risk. Please take this advice seriously — your livelihood depends upon it. WHY DO I NEED TO WORRY ABOUT BRADY MATERIAL IN MY RECORD BEING DISCLOSED? AREN’T MY RECORDS CONFIDENTIAL? Yes, your personnel records are confidential. But they and information from them are subject to disclosure in criminal or civil litigation where certain requirements are met and disclosure is ordered by the court.

In 1963, the United States Supreme Court released Brady v. Maryland, 373 U.S. 83 (1963) (“Brady”). The holding of this case, and others that follow it, is that prosecutors in a criminal case are obligated to promptly turn over to the defendant any information of which they are aware that is “favorable” to the defendant in his or her preparation and defense of the case in which he or she is accused, and that is “material” to the issues of either guilt or punishment. “Favorable” to the accused can mean either that the information tends to “help” the accused (exculpatory) or “hurt” the prosecution (impeachment of prosecution witnesses or evidence). If a police officer is a material or substantial witness in a criminal case, he or she may be subject to impeachment by the introduction of information that could cause the trier of fact to question the officer’s motives, accuracy, truth, honesty, veracity, integrity or credibility, and therefore, the believability of the officer’s testimony. Any witness, not just a peace officer, is subject to impeachment along these lines. Subsequent decisions of the Supreme Court and lower federal courts, and our California Supreme and appellate courts, have made clear that these Brady obligations extend to all members of the “prosecution team,” including the police, to, at a minimum, facilitate the prosecutor’s compliance with the Brady obligations by assisting in the identification of possible Brady material in an officer’s records in appropriate cases. But statutes in California that were enacted nearly four decades ago in response to Pitchess v. Superior Court, 11 Cal.3d 531 (1974) provide that “peace officer personnel records are confidential, and may not be disclosed in a civil or criminal proceeding without compliance with a strict procedure calling for a written motion supported by good cause, and review of any such records by a judge in camera, who must order the production of only those records determined to be relevant and material to the proponent’s case.” So, although it is quite true that your records are confidential, information about you in those records may be reviewed by a judge and turned over to a criminal defendant if the case meets the standards imposed by the law, both in statutes and in precedential decisions of our courts. Accordingly, depending on what is in your records, you have reason to be concerned. And the concern extends not only to what is there, but also to what will be placed there in the future. For example, if there is a current investigation against you that includes a charge of dishonesty, fabrication of documents or evidence, false entries in reports, the ever-popular “false and misleading statements to investigators” or one of a number of other charges that impugn your integrity or credibility, you are at risk. This situation calls for the utmost vigilance in defending against any such charges. Of course, the real point is to avoid any conduct that could result in such charges being made in the first place.

WHY ARE BRADY POLICIES NECESSARY, AND HOW DO THEY AFFECT ME? Since the Supreme Court followed up on Brady v. Maryland, supra, in Kyles v. Whitley, 514 U.S. 419 (1995) and announced that the Brady obligations extend to all members of the prosecution team (including the police), the criminal justice bar (prosecutors and defense lawyers), judges and law enforcement managers have struggled with the question of how to reconcile the competing interests. Defense attorneys, for example, would favor full disclosure of information about rogue or dishonest cops. They would benefit from a system that would permit storage of such information in databases that could be accessed by the officer’s name, for use in any case where the officer is a witness. Prosecutors are interested in a system that would permit them access to information about their police witnesses, so that they can comply with their Brady obligations and anticipate the likelihood for impeachment of their police witnesses before trial. They may also decline to accept cases for filing where the police witness has a demon-

directives established formal Brady policies for the District Attorney’s Office and established an automated Brady Alert System. Deputy district attorneys are required to query the system whenever they are considering whether to file a case and at various points thereafter. All prosecution witnesses (police and experts) are queried to assist prosecutors in complying with their Brady obligations by identifying and locating Brady material on police witnesses and experts. Current District Attorney Jackie Lacey has continued and expanded the Brady policies. For example, there is a full-time Brady compliance unit, staffed by experts in Brady obligations. For a full exposition of the Los Angeles County model, see “Special Directives 13-01, 13-02,” which supersede “Special Directives 10-05 and 10-06,” retrievable at www. da.co.la.ca.us. Truth be told, as is true of practically any compromise of this nature, every competing interest involved is dissatisfied to some degree with the results. As an observer intensely interested in the welfare of law enforcement, I think the poli-

Once the material is deposited in your records, you and your career are at risk. Please take this advice seriously — your livelihood depends upon it. strated record of failures in honesty, integrity and credibility. Judges have an interest in ensuring that fairness and due process are observed in all criminal proceedings, in that they are the ultimate monitors and guarantors of justice and fair play in criminal cases. On the one hand, law enforcement managers have a duty to cooperate with the criminal justice system by facilitating the disclosure, in appropriate cases, of personnel record information that may adversely affect their officers, deputies and agents. On the other hand, managers have a duty to protect their employees’ privacy in these records and to ensure that unauthorized disclosures do not occur. And importantly, as managers responsible to the community, they have a duty to take steps to rid the police ranks of those who, by their conduct, have demonstrated unfitness to perform the duties of a law enforcement officer, including making arrests, writing reports and testifying. An employee who has, by his or her conduct, damaged or destroyed his or her character for integrity-related issues may be a candidate for discharge, because his or her value as an officer, deputy or agent has been seriously compromised. THE LOS ANGELES COUNTY MODEL In 2002, former Los Angeles County District Attorney Steve Cooley promulgated Special Directives 02-07 and 02-08. In a nutshell, these

cies are, on the whole, a positive development. However, the policies predictably leave many questions unanswered for resolution on a caseby-case basis. But the efforts by Steve Cooley and Jackie Lacey to consider the interests of individual officers in the privacy of the records are apparent. For at least that, these officials ought to be vigorously commended. The entire 1999-2000 LAPD Rampart scandal experience is, of course, deeply involved in the issues confronted in these policies. Among other connections, everyone involved is interested to see whether the policies will facilitate timely identification of police officers who have forsaken, or are willing to forsake, the trust and duties reposed in them, so that fabrication of evidence and false testimony do not occur. This is the part of the movement that is most likely to affect you as an individual. The tragedy for the thousands upon thousands of honest and dedicated cops is that police testimony is now, more than ever before, subject to attack or scrutiny as suspect or unreliable without corroboration. Once upon a time, a police officer’s testimony given under oath in a trial had a certain quality as inherently truthful because, after all, “this is a police officer.” Lay jurors, at least, on the whole, used to accept an continued on page 19

NOVEMBER 2013 | STAR&SHIELD

SCENES FROM THE

10th Annual

PPOA Retiree Luncheon P

POA was proud to host our 10th Annual Retiree Luncheon at the Sheraton Fairplex last month. Not only did we get a great turnout, but we were excited to see 10 former PPOA board members among the crowd. Thank you to all who joined us. Below is a list of the PPOA members in attendance — hopefully, your name will be added to that list next year!

PPOA MEMBERS IN ATTENDANCE Henry Aldana

Bob Dearmore

Don Handley

Robert Mirabella

Richard Shocker

Harold Baldwin

Louis Diot

Sally Harwell

Keith Mohagen

Jack Snyder

Rosario Banuelos

Gilbert Duran

Michael Heider

Ruben Montenez

Greg Stokes

Terry Black

Richard Duran

Ralph Hernandez

Doc Parnell

Kenneth Sutherland

Morris Boothroyd

Seth Easley

Arthur Herrera

Thomas Pavlich

Josephine Uttke

Edwin Buchanan

Jim Faughnder

Steve Jimenez

Lynn Poos

John Valencia

Maria Burwell

Cory Fletcher

John Jones

Dave Rash

Jim Vogts

Reynaldo Canez

Pat Galindo

Marty Kullman

Art Reddy

Jim Wetzel

Gus Carlton

George Garcia

Diane Lee

Arthur Rinard

Charles Whitaker

Manual Castro

James Goodrich

Calvin Maxwell

Julian Rincon

James Williams

Guy Cloutman

David Grijalva

Roger Mayberry

William Riordan

Tom Zeller

George Cupa

Jerry Hand

Barry McCrummen

Vernon Sewards

Sally Harwell and Maria Burwell

STAR&SHIELD | NOVEMBER 2013

Lynn Poos and Seth Easley

Easie Williams and Charles Whitaker

Richard Duran, Jon Jones, Diane Lee and Terry Black

Julian Rincon, Reynaldo Canez and George Garcia

Past and present PPOA board members: Roger Mayberry, Richard Shocker, Art Reddy, Sally Harwell, Jim Vogts, Terry Black, Gus Carlton, Lynn Poos, Seth Easley and Dave Rash

Marty and Marisela Kullman, Jo Uttke and Pam Harman

Dave Rash, Jim Wetzel and Arthur Herrera

Arthur Herrera, Rosie Banuelos and David Grijalva

Jim Vogts and Art Reddy discussing very serious matters

Ron Camp, Keith Mohagen, Harold Baldwin, Tom Zeller, M.H., James Goodrich, Cory Fletcher and Calvin Maxwell

NOVEMBER 2013 | STAR&SHIELD

PPOA Membership Application Name (Last, First, Middle) ________________________________________

Male

Female

Department (Former or Current) _____________________________________________________ Job Title/Rank (Former or Current) ____________________________________________________ D.O.B. ______________ Date Entered or Retired County Service _______________ County Employee No. __________________ Social Security No. ___________________ Place of Assignment ___________________________________________________________ Home Address _________________________________________________________________ City ____________________________________________ Phone (work) _________________________________________

Zip Code ___________________

(cell) ____________________________________

E-Mail (non-LASD) _______________________________________________________ I hereby apply for membership in the Los Angeles County Professional Peace Officers Association. I authorize appropriate deductions from my County payroll warrant or retirement warrant for payment of dues and other programs that I may select. I also authorize, at the discretion of the LACPPOA Board of Directors, the use of a portion of my dues for political action. (Political contributions are not tax deductible. For more details, please call the PPOA office.) I certify that, at this time, I know of no investigation of me by my Department, nor am I involved in any civil proceeding as a result of my performance as a peace officer.

402 (active) / 67 (retired) L AC PP OA Deduction Agency : _______________ Deduction Code: ________________________

Monthly membership dues deduction

(see chart at right)

$ __________

(active member dues include additional $5 PAC Plus deduction)

Initial here if you decline to include the $5 political action deduction: ______

Optional monthly deduction for Peace Officers Charitable Foundation, 501(c)3: (circle one)

$2 / $5 / $10 / $20 / other $ __________ / decline

I hereby authorize the auditor of the County of Los Angeles or his agents to deduct monthly from salary earned by me in any department of the County of Los Angeles the amount shown hereon and to pay same to. If all or any portion of the deduction authorization includes insurance premiums and/or employee organization dues, I also authorize the auditor to adjust from time to time the amount of the deduction as may be required to comply with adjustments in County subsidy amounts in premiums under existing contracts with said insurance plans or to comply with dues schedules determined by said employee organizations governing body in accordance with such organizations constitution, charter, by-laws or other applicable legal requirements. This authorization cancels and replaces any previously signed by me by written notice. I expressly understand and agree that auditor, his agents or the County acting under this authorization shall not be liable in any manner for failure or delay in making the deduction or payments here authorized.

Signature ____________________________________

Date __________________

PPOA Monthly Dues as of January 1, 2013 Dues for active member classifications (in blue, below) are based on 1% of top step salary plus $5 for additional political action.

Unit 612 (Sheriff, D.A.) Sergeant & Above

$86.40

Supv. Inv. D.A. & Above

$86.40

Unit 614 (Coroner/Sheriff) Criminalist Criminalist Lab Tech.

$45.76

Forensic ID Spec. I

$62.42

Forensic ID Spec. II

$74.43

Senior Criminalist

$84.71

Unit 621 (Sheriff) Civilian Investigator

$63.57

Court Services Spec.

$42.89

Crime Analyst

$62.14

Custody Assistant

$51.34

Law Enforcement Tech.

$46.98

Public Response Dispatcher I

$46.88

Public Response Dispatcher II

$54.28

Public Resp. Dispatcher Specialist

$58.33

Security Assistant

$27.08

Security Officer

$40.04

Supv. Public Resp. Dispatcher

$59.93

Unit 631 (Coroner) Coroner Investigator

STAR&SHIELD | NOVEMBER 2013

$66.52

Unit 632 (Coroner) Supv. Coroner Investigator I

$71.74

Supv. Coroner Investigator II

$77.93

Other Service Members

$10.00

Retired prior to 1/1/80

$ 2.50

Retired after 1/1/80

$10.00

To join more than 8,500 PPOA members, mail completed application to: PPOA, 188 E. Arrow Highway, Sanâ&#x20AC;&#x2C6;Dimas, CA 91773 For more info, visit PPOA.COM or call (800) 747-PPOA 16

$65.62

Star & Shield Contest Winners Congratulations to the PPOA members below for

Answer the Call of the Open Road!

winning the “Find the Hidden Symbol” contest in Star & Shield. If your name is listed, that means your entry was drawn as one of five winners for that month’s issue. Please call Greg Torres at (323) 261-3010 to claim your $100 check. $100 Prize Winners

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*APR=Annual Percentage Rate. Rate shown reflects a 0.50% discount for POPA Checking with Direct Deposit and 0.25% discount for eStatements enrollment. The APR is the Advertised rate and can vary based on credit worthiness, age of vehicle, and terms of the loan. Some restrictions may apply. Financing up to 100% of the auto is available. Rate and term are subject to change without notice. Offer applies to New, Used, or Refinanced vehicles only. Offer cannot be used to refinace POPA FCU auto loans. Offer does not apply to Recreational Vehicles. Model years 2012-2013 with less than 3,000 miles are considered New. Model years 2007 and up are considered Used.

Here Are 500 Reasons Why It Pays to Read

& StarShield Five $100 prizes Members who find the hidden symbol in Star & Shield and register through our website (www.ppoa.com) by the end of this month will be entered into a drawing for one of five $100 prizes. The hidden symbol is:

Cash is great, but our giveaways aren’t the only reasons to read Star & Shield. Each issue gives you the latest information on • Contract negotiations • Benefit changes • Retirement considerations

• Hot topics on the job • Association news • Upcoming events

Online registration only. Please do not call the PPOA office to register for contest. This giveaway is open to PPOA members only. You must be 18 or older to win.

NOVEMBER 2013 | STAR&SHIELD

Moriguchi

continued from page 4 I added “pensions” to my title because pension reformers are rearing their ugly heads once again. It is very important that we all stay educated about these attacks and remain vigilant in defeating these attempts to take away our pensions. This newest effort is led by San Jose Mayor Chuck Reed, whose lack of leadership in San Jose has led the city to the brink of bankruptcy. Like other politicians who have failed in their fiduciary responsibilities to their constituents, Mr. Reed is blaming pensions for all his problems. Knowing that it is impossible to go after current employee pensions due to protections outlined in the California Constitution regarding the sanctity of contracts and the vested rights issue already upheld by the courts, Mr. Reed is proposing a ballot initiative to change the California Constitution to allow politicians to change or eliminate pensions “going forward.” In other words, your pension and pension formula would apply to the years you have already worked, but your future years of service could be changed or the pension for them eliminated. This applies to retiree health care as well. Our best defense is to educate people about pensions and how they work. In Los Angeles County, our pension system is healthy and funded primarily by the employees and investments. It is also important to educate yourselves on who is behind the pension reforms: billionaires (wealthy business owners) and Wall Street. Wall Street dislikes pension funds that invest large sums of money on behalf of many. They prefer individual investors through 401(k) accounts (i.e., less individual power in the market and more money per transaction for brokerage firms). This is a complicated issue and we will keep you informed as it progresses.

Attention PPOA Members We need your personal (non-LASD) email address! If you have not received an email blast from PPOA in the last six months (we’ve sent a handful), that means: 1. Your email address is not on file with PPOA, or 2. We have only your LASD-provided email address (which is regularly blocked from receiving PPOA email blasts). Either way, we need your personal (non-LASD) email address so that we can disseminate important news to you as quickly as possible. Please email your address to info@ppoa.com and reference “email updates” in the subject line.

PPOA.com HEADLINES The following is a partial list of breaking news links posted at www.PPOA.com last month. Visit the PPOA website to stay up to date on the news affecting Los Angeles County’s current and retired peace officers.

L.A. County May Back Out of Prison Deal to Send Prisoners to Kern County

L.A. County Coroner in “Waiting Game” Six Months Into Investigation

LASD Captain Honored by WeHo City Council

LASD Narco Detectives Serve Warrant, Arrest Mayor’s Husband

Palmdale Station Deputies Arrest Gang Member After Crime Spree SCV Deputies Investigate Kidnapping Inside the L.A. County Coroner’s Secure Zombification Operation

L.A. County Crime Lab Assisting in Alhambra Hate Crime Investigation SCV Deputy Injured When Cruiser Hits Tree

Planned Castaic Jail Project Could Move to Lancaster

LASD Seeks Suspect in Golf Course Theft

L.A. County Can’t Find Thousands of Probationers

L.A. Deputies’ Bags Stolen from Raging Waters During Union Event

Gang Leader Sentenced for Killing Sheriff’s Deputy

Sheriff Baca Will Fight Liability in Jail Beating Case

STAR&SHIELD | NOVEMBER 2013

continued from page 13

officer’s words as the truth of the matter, absent compelling evidence to the contrary. We wonder whether that acceptance will ever prevail again. Like it or not, the disintegration of the credibility of the police witness in the eyes of many is deeply embedded in these developments. WHAT ARE THE KEY FEATURES OF THE BRADY POLICIES AND PROTOCOLS? The case prosecutor plays the pivotal role in application of and adherence to the policies, because the directives charge the prosecutor with the responsibility of initiating a request to police agencies to review personnel records to look for possible Brady material on individual officers. At the time the case is filed, the prosecutor is to make a “preliminary determination” whether potential impeachment or exculpatory material may exist. The prosecutor is to look at the police report and all other documentation available at the time of filing to find: 1. statements by the defendant or defense witness that contradict the officer’s statements; or 2. statements by the defendant or defense witness that the officer used excessive force; or 3. statements by the defendant or defense witness that the officer made racial, religious or other statements exhibiting bias. If such statements exist, and the officer is a material witness, then the prosecutor must make a request to the police agency to review its records for any possible Brady material, using a specially designed form that is to be completed by the agency and returned to the prosecutor (the Brady Request Form). If the agency locates possible Brady material in the officer’s records, it enters the name, identification number and employment status on the form and returns it to the prosecutor. The prosecutor will then file a motion for discovery of the Brady material, using the procedures in Evidence Code §§1043-1047, and the trial judge will review that material in camera to decide what should be disclosed to the prosecution and defense in the case. After filing of the case, if a prosecutor learns information in 1., 2. or 3. above, then he or she is to initiate the request. If, aside from the reports and documents available to the prosecutor, the defense attorney alleges that there are statements available to the defense that contradict the officer’s statements, the prosecutor is to direct the defense attorney to either: 1. file a Pitchess motion; or 2. provide the prosecutor with a declaration under oath by the person with knowledge of the officer’s untruthfulness, whereupon the prosecutor will initiate the request to the agency. In any case, the agency should not be required to produce the entirety of an officer’s personnel record, but only that material that is reasonably responsive to the request. (See: People v. Mooc, (2001) 26 Cal.4th 1216, 1230.) WHAT IS BRADY MATERIAL IN MY RECORDS? Beyond exculpatory material, impeachment evidence (for our purposes, Brady material) in an officer’s file includes evidence of: • False reports • Pending criminal charges • Parole or probation status • Evidence that contradicts the officer’s statements or reports • Evidence undermining the officer’s expertise • A finding of misconduct by an agency board, commission or other adjudicative body that reflects on the officer’s truthfulness, bias or moral turpitude • Evidence that the officer has a poor reputation for untruthfulness • Evidence that the officer is biased against the defendant individually or as a member of a class or group • Evidence of promises, offers or inducements to the officer connected with his or her statements or testimony The directives specify what is not Brady material, as well: Allegations that cannot be substantiated, are not credible, are unfounded or are preliminary, challenged or speculative are not Brady material; nor is the existence of pending criminal or administrative investigations.

IF BRADY MATERIAL IS LOCATED ON ME, WILL IT END UP IN ANY DATABASE? Yes, possibly. The district attorney has implemented a Brady Alert System to include both known and current Brady information. Filing deputies are to access the system before filing a case and 30 days before trial to learn of any impeachment information on an officer, and may disclose such information to the defense. Obviously, protective orders must be sought in any case where a judge determines to release personnel record information to prevent this kind of dissemination and stockpiling of data on officers. (See: Evidence Code §1045 (d) and (e).) The Brady Compliance Unit within the District Attorney’s Office is charged with operation of the Brady Alert System. The standard to be applied is “clear and convincing evidence” that potential impeachment material is reliable and credible before it will be entered in the Brady Alert System. In order for material to be included, it must be reliable and credible by clear and convincing evidence. CONCLUSION There is much more to these policies than we can discuss in the limited space available in an article or training bulletin. However, we will monitor further developments and report more details in subsequent publications. We re-emphasize at this point, however, that law enforcement agencies should apply a “clear and convincing” standard of proof in regard to any charge or allegation that affects an officer’s credibility or that constitutes “impeachment evidence” as it is defined in these policies. While a mere preponderance of evidence may be sufficient to sustain, generally, allegations of police misconduct, the higher standard of clear and convincing evidence should be applied to any charges that could lead to impeachment evidence or the existence of Brady material in an officer’s file. The potential damage to and destruction of employees’ careers created by sustained integrity violations demands that nothing less than clear and convincing evidence supports them. This new statute recognizes that there is a huge difference between having your identity placed in a Brady system and being classified as “unfit” by your employer. While learning that your name and information concerning you is in a Brady system is not good news, it is no longer determinative of fitness for police assignment. It is, rather, the underlying facts about the acts or omissions that will show evidence of unfitness upon which punitive action may be based. Stay legally safe. Michael P. Stone and Muna Busailah are the founders of Stone Busailah, LLP, a highly specialized police law and litigation firm for over 30 years, comprising eight lawyers in Pasadena and Riverside, California.

Whether it’s a Lexus, Acura or Honda, let me assist you with your next new vehicle selection. Call or email me to schedule an appointment. Our dealerships are family owned and operated with strict professionalism. Your complete satisfaction is guaranteed.

Robert “Bob” Berardi LASD Active

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(714) 916-4878

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45 Auto Center Drive Tustin, CA 92782

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NOVEMBER 2013 | STAR&SHIELD

New Statute Protects Against Brady List Excesses

LEO Web Protect: Peace-of-Mind Benefit for PPOA Members

he PPOA Board of Directors is proud to announce a new protective benefit in partnership with LEO Web Protect (LWP). As you are well aware, it doesn’t take a master criminal to find your personal information on the Web. That’s why the PPOA Board has secured the rock-solid protection of LWP to safeguard your personal privacy. LEO Web Protect is a privately owned company operated by activeduty law enforcement officers. Its sole mission is to assist law enforcement employees and their families in removing their private information from the Internet. Although removing your information from the Web can be a daunting task, LWP makes it simple and safe. In fact, they do

all the work for you. LWP will monitor the Internet for your personal information after it has been effectively removed. If your information resurfaces on the Web (and it will), LEO Web Protect will have it removed promptly for the life of the account. A full list of testimonials and frequently asked questions is available on the LWP website at www.leowebprotect.com. The LEO Web Protect benefit is offered to PPOA members at a discounted rate of only $6.40 per month via payroll deduction. To enroll, please visit PPOA.com and click on the LEO Web Protect registration link at the top of the page.

Calendar of Events These events and more can be found on PPOA’s online calendar at www.ppoa.com. Have a Department-related event you’d like us to promote? Email details to gtorres@ppoa.com.

November 13, 2013: PPOA Benefits Team at Palmdale Station November 13, 2013: PPOA Benefits Team at Antelope Valley Court November 14, 2013: PPOA Benefits Team at Lancaster Station November 14, 2013: PPOA Benefits Team at McCourtney Juvenile Justice Center, Lancaster

November 15, 2013: PPOA Board Election Ballot Count PPOA Conference Center, San Dimas,10 a.m. November 16, 2013: Magic Mountain Private Party 6 p.m. – midnight Free parking after 5 p.m. $37.99 w/buffet meal or $27.99 for ticket only Info: www.sixflags.com/ magicmountain (promo code: NOV07)

Star and Shield 10/1 November 22, 2013:

Retirement Parties Custody Assistant Cheryl Smith November 8, 2013 Kenneth Hahn Auditorium at Century Station, 11:00 a.m. Info: Toni Babers, trbabers@lasd.org, (323) 568-4527

STAR&SHIELD | NOVEMBER 2013

November 17, 2013: LASD Weapons Training Fundraiser, Bus Turnaround from BC Range to Valley View Casino Info: (323) 267-2730

January 8, 2014: PPOA Benefits Team at Carson Station January 9, 2014: PPOA Benefits Team at West Hollywood Station

LASD vs. LAPD Fight for Life Boxing Commerce Casino, 7 p.m. Proceeds benefit City of Hope Info: www.cityofhope.org/ fight4life

BETTER VISION AT ANY AGE My implants are better than anyone else’s! Thank you Dr. Khanna for restoring my vision. Please call

1-800-732-5362, mention my

name and get your complimentary copy of the best-selling book The Miracle of Pi in Eye. — Michael

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Rajesh Khanna M.D.

City Attorney, former Detective

Choice of cops, detectives, doctors and celebrities like Brenda Song (The Social Network), Judi Shekoni (Breaking Dawn), Kevin Sorbo (Hercules), Butch Patrick (Munsters)

Discounted Ticket Prices for PPOA Members Venue

Adult

Child

Adventure City (Anaheim)

11.50

Boomers

14.00

Disneyland (One-day)

90.00

78.50

Disney/California Adventure (One-day Park Hopper)

115.50

109.50

270.00

Disney Annual Passports •

SoCal Select (valid 170 days)

•

SoCal (valid 215 days)

345.00

•

Premium (valid 365 days w/parking)

640.00

•

Deluxe

478.00

Huntington Library

15.00

Knott’s Berry Farm

34.00

24.50

L.A. Zoo

15.00

11.50

Legoland (Three-park (Aquarium/Legoland/Waterpark) two-day ticket)

69.00

Legoland (Two-day ticket)

60.00

Long Beach Aquarium

19.00

11.50

Medieval Times

42.50

32.00

Movie tickets (see below)

Range: 6.25-8.25

Pirate Dinner Adventure

37.00

28.00

San Diego Zoo

38.25

29.50

San Diego Zoo Safari Park

38.25

29.50

Scandia Amusement Park (Ontario)

16.00

Sea World

60.00

Six Flags Magic Mountain (Ticket order link available at PPOA.com)

34.99

Universal Studios (Three-day ticket)

75.00 (credit card only)

Universal Studios 2013 Pass w/blackouts

80.00 (credit card only)

Universal Studios 12 mo. pass w/o blackouts

114.00 (credit card only)

Universal Premium Star Pass

154.00 (credit card only)

Universal Front of Line Pass

149.00 (credit card only)

Restricted

Unrestricted

6.75 (Silver)

8.25 (Gold)

Harkins Theatre (Chino Hills)

6.25

7.75

Krikorian

7.75

Pacific

6.25

n/a

Regal/Edwards/UA

7.25

8.25

Movie Theater AMC Theatres

Cinemark

7.75

All ticket sales are final. Prices and details on the PPOA website are subject to change. Always call first to confirm prices and availability. Please call the PPOA office at (323) 261-3010 for more information. Limited to six (6) tickets per member for Universal Studios, ten (10) for all others. All purchases are non-refundable. Make checks payable to “PPOA.”

NOVEMBER 2013 | STAR&SHIELD

STAR&SHIELD | NOVEMBER 2013

Mailing cartons are available for many of the products listed at left. Please call PPOA at (800) 747-PPOA for more information if you’d like mailing cartons with your order.

Mail this form to: PPOA Attn: Sarah 188 E. Arrow Highway San Dimas, CA 91773

$ ________

Grand Total:

For more than 25 years, PPOA’s sweetest holiday tradition has been our See’s Candies discount offer. The famous treats make perfect gifts for everyone. (PPOA members ordered thousands of dollars of See’s Candies last year!) This offer is available to PPOA members only. PPOA makes no money on the sales. Orders must be received by November 27 and can be picked up at PPOA on December 15. Make checks payable to PPOA. All sales are final.

See’s Candies Discount for PPOA Members

NAME ______________________________ PHONE __________________________ DATE ______________

PPOA Classifieds WHITTIER ROOM FOR RENT FEMALE ONLY. Master Bedroom w/bathroom near Sheriff’s Academy. Utilities included. $700.00/Month Contact Doreen Ellis (Custody Assistant) 626-419-4211 (0113)

MAUI CONDO RENTAL Luxury 2 bed, 2 bath. Sleeps 6. Kaanapali Resort. Pool, Spa, Tennis. Full kitchen, W&D. 40% discount for LASD/PPOA & families. LASD owned. For Photos & calendar e-mail: lasd2maui@yahoo.com. (661) 600-5600 (0212)

WANTED: VINTAGE REMOTE CONTROL CARS Seeking vintage remote control cars from the 70’s 80’s and 90’s. I buy and collect remote control cars. Please call Joey (714) 745-4963. (0413)

MONTEBELLO HOUSE FOR RENT 3 beds/1.5 baths, living & dining, plus bonus room. Remodeled 2011, upgrades all. Near 60 Fwy. $1,800/month. Contact Matthew 626-6257301. (0813)

55 GAL. EMERGENCY WATER BARRELS Store inside or outside, prepare your family. Cash/check upon delivery or pickup at Walnut/Diamond Bar Station. Contact jlsaleeb@verizon.net. (0113)

NEW RUBBER GYM MATS Perfect for home gyms, zumba, insanity, P90X, size 16 x 16 x 1 inch thick. Mats interlock as large as you want. Only $3.00 each. Call Erric @ 323 456-2353. (0513)

FIREARMS FOR SALE Savage 110E 338win/mag, BSA scope, laminated stock, never fired, $380. High Point 9 mm auto w/holster $130. Remington pump, 22 short/long/ long rifle, model 12, excellent starter rifle, good condition, $150. Ron (909) 744-8509. (1013)

GUEST HOUSE FOR RENT Small guest house on rear of property in beautiful foothills of Lake View Terrace. Prefer one retiree, male or female. $700 per mo. Call for details. Contact Dave (818) 445-4968. (0813)

REDONDO BEACH RENTAL $1,800 per Month - Walk to Shopping, Park & Restaurants. 2 Bdrm - 1 Ba, Lg yard with storage shed. Refrigerator and Stove included. RV / Boat Access. (Address: 18320 Grevillea St.) Contact: Bryan 949-533-2047, bsbeards@cox.net. (0713)

TWO SMITH & WESSON 38S FOR SALE S/W 38 spl 2” $400, S/W 38 air weight 2” $400. Both re-worked, good condition. L. Boyce (623) 236-5335 (Phoenix, AZ) (0913)

LAGUNA BEACH CHRISTMAS WEEK RENTAL 12/20/13 - 12/27/13. Ocean front condo, walk to beach, village, restaurants. 1 BDRM/2BA, sleeps 4, full kitchen. Email: jasewards@me.com or (360) 301-5509. (0913)

LAGUNA BEACH NEW YEAR’S WEEK RENTAL 12/27/13 - 01/03/14. Ocean front condo, walk to beach, village, restaurants. 1 BDRM/2BA, sleeps 4, full kitchen. Email: jasewards@me.com or (360) 301-5509. (0913)

TIMESHARE FOR SALE Hawaii-Imperial Waikiki, 1 street to Ocean. Koa Unit, 1 bdrm, 2 ba. Slps 4. Annual usage, Floating time. Selling 2 weeks. 1 wk. for $2,800, 2 wks. $5,000. Call Marlena @ Cell 805-710-0484. (0413)

ONTARIO HOME FOR RENT January move-in. Lovely 3 bed, 2.5 bath, attached 3-car garage w/ large backyard, nice neighborhood, great for family and/or entertaining, washer/dryer & gardener included, $1,800. Mountain Avenue exit off 60/10 fwy. Call Yvette Williams (909) 282-2518. (1113)

CLASSIC CARS FOR SALE 1957 Chevy Bel-Air: 2-dr w/o post; frame off. Restoration, disk brakes, everything works. 1st place Santa Barbara car show. $40K obo. 1960 El Camino: Hotchkis suspension curry 9”. $30K obo. 1964 Chevy Malibu: Hotchkis suspension 700R4. $30K obo. Retired Deputy Spaulding Mills (323) 294-4162. (0813)

ROSE HILLS SPACES FOR SALE Cemetery lots #819 @ Rose Hills, Whittier. 4 spaces in Garden of Peace. 2 for $2500 or all 4 for $4000. Call Bob at (928) 758-7220. (1113)

PPOA classified ads are free and available only to PPOA members (one per month, 25 words max). Private party only, no business ads allowed. Send your ad to: Star & Shield Editor, 188 E. Arrow Highway, San Dimas, CA 91773 or email to gtorres@ppoa.com. New submissions are added on first come-first served basis, each issue. Please send within first week of each month to ensure timely inclusion. Sellers are encouraged to list price of each item listed. No work numbers may be used in ads. Submissions must be in writing, not over the phone. Ads run for 3 months. PPOA is not responsible for any claims made in a classified ad. NOVEMBER 2013 | STAR&SHIELD

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