California Peace Officer Summer 2010

PeaceOfficer California

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table of contents

2010-2011 Executive Committee President

Jim McDonnell Chief Long Beach Police Department jim.mcdonnell@longbeach.gov

1st Vice President

Sandra Spagnoli Chief Benicia Police Department sspagnoli@ci.benicia.ca.us

2nd Vice President

FEATURES

8

Meet the 2010-2011 Executive Officers

10

A Look Back at CPOA’s Past Presidents

12

Specialized Electronic Surveillance for Law Enforcement

14

Thermal Imaging in Public Safety is Very Much Alive

16

Great Cops + Great Technology = Great Police Work

Rick Braziel Chief Sacramento Police Department rbraziel@pd.cityofsacramento.org

18 Training Symposium Highlights 19

Mentor Connector

3rd Vice President

19

Marijuana found in Deputy’s Locker

20

COPSWEST Provides Unparalleled Value to Attendees and Vendors

21

Leadership Training Day

DEPARTMENTS

David McGill Lieutenant Los Angeles Police Department mcgilld@lapd.lacity.org

6

President’s Message

21

Promotions and Retirements

Immediate Past President

22

General Counsel

25

Legal Services Program News

26

Advertiser Index

Rich Lucero Captain Fremont Police Department rlucero@ci.fremont.ca.us

4th Vice President

Mark Yokoyama Chief Cypress Police Department myokoyama@ci.cypress.ca.us

Treasurer

John Standish Chief California Department of Insurance jstandish@insurance.ca.gov

Chairs, Regional Advisory Council JP Badel Captain Lodi Police Department jpbadel@pd.lodi.gov

Steve Porter Captain Murrieta Police Department sporter@murrieta.org

Parliamentarian

Edward Pape Lieutenant Los Angeles Police Department 31313@lapd.lacity.org

Executive Director Carol Leveroni, CAE cleveroni@cpoa.org

Publisher

California Peace Officers’ Association 1455 Response Road, Suite 190 Sacramento, CA 95815 (916) 263-0541 Fax: (916) 263-6090 E-mail: cpoa@cpoa.org www.cpoa.org

Managing Editor

Tricia Schomus (916) 263-0541 tschomus@cpoa.org

Opinions expressed are those of the authors or persons quoted and are not necessarily those of the CPOA state board, appointees, staff and its membership.

The publication of any advertisement by CPO or the California Peace Officers’ Association is neither an endorsement of the advertiser nor of the products or services advertised. Neither CPO nor CPOA are responsible for any claims made in an advertisement published in California Peace Officer. © California Peace Officers’ Association. All right reserved. The contents of this publication may not be reproduced, in whole or in part, without prior written consent of the publisher.

The California Peace Officers’ Association is committed to developing progressive leadership for the California law enforcement community. This is accomplished by organizational networking, professional development, technology advancement and public policy advocacy.

The purpose of California Peace Officer is to inform and educate CPOA members; to promote professional development; to generate interest in association activities and to foster a cohesive and involved membership.

Editor

Lisa Kopochinski (916) 481-0265 lisakop@sbcglobal.net

Advertising Manager

Cici Trino Association Outsource Services (916) 990-9999 Fax: (916) 990-9991 cicit@aosinc.biz

Layout and Design Lori Mattas

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California Peace Officer | Summer 2010 | 5

president’s message

Setting Up Standards

I

By Jim McDonnell, Chief of Police Long Beach Police Department

would like to take this opportunity to express how much of an honor it is for me to be the 90th president of CPOA. As you are all very much aware, California sets the standard for the rest of the nation, especially in the field of law enforcement. As president, I look forward to the opportunity of working with this year’s 2010-2011 board of directors to ensure that the needs of our more than 3,000 members are addressed, and that CPOA continues to move forward as one of the premier law enforcement organizations.

The 90th Annual Training Symposium, “Core Value Leadership-Building Out From The Center,” was a great success. I want to express special thanks to Carol Leveroni, CPOA Executive Director; Vickie Kirk, CPOA Director of Training; and Dianne Peregrina, CPOA Meeting Planner, for their hard work and dedication in making the symposium such a memorable experience. I would like to also express my sincere thanks to all of the other individuals who provided their time and effort into making this year’s symposium such a huge success.

Over the course of this year, CPOA will continue to build upon the core value leadership theme. This year’s symposium theme was most fitting, because in today’s dynamic and uncertain times, society is looking to law enforcement to provide leadership, especially transformational leadership. Unlike past generations, success in the 21st century will require that leaders within our profession know how to create high-performing teams, design empowering workplaces, and develop and manage effective partnerships, alliances and networks.

Throughout the year, CPOA will continue to build “out from the center” to ensure that the members of this organization are provided the tools for their leadership toolbox, in order to create effective change—not only within their organizations, but in society as a whole.

In today’s dynamic and uncertain times, the law enforcement profession needs to embrace the future, which includes a new look at the way we do business in the form of tactics, equipment and technology. When I reflect back on my 29 years of policing, I am amazed at how far the law enforcement profession has come. Thanks to the modern marvels of science, today’s officers are smarter, safer and better able to “protect and serve” our communities. In the 21st century policing model, it is essential for law enforcement agencies to stay current with ongoing technical advances. Today’s advances will not only assist our profession prevent, deter and solve crime problems, but will also allow police agencies to work smarter, rather than harder; and create better safety measures for our officers and the people in our communities.

As I stated numerous times during the symposium, leadership is about leading for the benefit of others and not the enrichment of ourselves. The desire to help others should always be our motivation for seeking higher levels of responsibility within our organizations and society. As we stand on the shoulders of those who have come before us, it’s incumbent upon us to leave this generation of policing in better condition than we found it. As our outgoing President John Standish stated so eloquently, “We must commit to the ideal that the future is not set; it is also not dictated by others unless we fail to act on our own behalf.”

By leading from our core values, together, we will act to ensure that the future is not only brighter for our generation, but for generations to come.

Thank you for your participation and ongoing support of CPOA. r Sincerely,

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| Summer 2010 | California Peace Officer

Meet the 2010-2011

Executive Officers

T

he California Police Officers’ Association is pleased to announce the 2010-2011 executive officers—Jim McDonnell, Sandra Spagnoli, Rick Braziel, Rich Lucero and Mark Yokoyama.

President Chief Jim McDonnell, Long Beach Police Department Jim McDonnell was appointed 25th chief of police for the Long Beach Police Department (LBPD) this past February. Chief McDonnell is responsible for a department consisting of 1,500 employees and a $200-million budget.

The city of Long Beach is home to 495,000 residents, one of the world’s largest ports and the second busiest seaport in the United States, two of the nation’s largest municipal marinas, a national airport, two college campuses, a nationally recognized convention and visitors bureau, numerous entertainment districts, and home to the world-renowned Toyota Grand Prix of Long Beach. Chief McDonnell has a great appreciation for the cultural diversity of Long Beach and values the contributions that all the various cultures make to the city.

He served with the Los Angeles Police Department for 28 years and held a wide variety of positions throughout his career. He has received numerous community and department awards, including the Medal of Valor, LAPD’s highest award for bravery.

Chief McDonnell serves on numerous boards of directors that focus on furthering the inter-

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| Summer 2010 | California Peace Officer

ests of local youth and leadership in the policing profession on both a local and statewide level.

He is an active member of several organizations, such as the International Association of Chiefs of Police, California Peace Officers’ Association, California Police Chiefs Association, Peace Officer’s Association of Los Angeles County, and the Southern California Leadership Network.

Chief McDonnell holds a bachelor of science degree in criminal justice from St. Anselm College in Manchester, New Hampshire, and a master’s degree in public administration from the University of Southern California. He is also a graduate of the FBI’s prestigious National Executive Institute, the Senior Management Institute for Police, and has completed executive education programs at Harvard’s Kennedy School of Government.

He regularly lectures at a number of department schools and has trained criminal justice professionals on a variety of topics, such as leadership, ethics, community policing, handling line of duty deaths, and the recruitment and retention of valuable employees. Chief McDonnell is recognized as an expert on policing issues and has lectured on these topics around the world.

He currently teaches public policy issues at the University of California, Los Angeles.

First Vice President

Chief Sandra Spagnoli, Benicia Police Department Sandra Spagnoli is the police chief for the City of Benicia.

She serves on the Peace Officer Standards and Training Advisory Committee, the California Police Chiefs Association technology committee, is the chair of the Solano County Administrators Association and is the first vice president for the California Peace Officers’ Association.

Sandra began her law enforcement career in 1983 as a police explorer and in 1990 was promoted to police officer.

As a police officer, she worked as a detective, field training officer, acting supervisor, POA president and drug abuse resistance education instructor. Promoted to sergeant in 1996, she

supervised patrol officers, implemented community policing programs, developed streamline hiring process and established a recruiting team.

In 1998, she was promoted to commander and supervised patrol, investigations and administration operations. She served as the president of the San Carlos Police Activities League, and received the Public Technology Institute Technology Achievement Award for her efforts in advancing technology within the Police Department. She successfully led a countywide interoperability project connecting all San Mateo County Computer Aided Dispatch and Records Management Systems. In addition, she outsourced police communications to a neighboring jurisdiction resulting in cost savings, improved technologies and increased efficiency, and supported by labor.

Sandra holds a master’s degree in public administration and a bachelor’s degree in human services management from Notre Dame. She attended the FBI Academy (Class 2000) and POST Command College. She is an instructor at the Los Angeles Police Department’s West Point Leadership Academy and Evergreen Valley College in San Jose. She is currently attending the Executive Leaders Program (ELP) at the Naval Postgraduate School/Center for Homeland Security and Defense.

Second Vice President Chief Rick Braziel, Sacramento Police Department Rick has been a member of the Sacramento Police Department for 30 years and chief since January 2008. He consults and instructs for Humboldt State University in team building, communication skills and leadership. He is also the co-author of the book Cop Talk: Essential Communication Skills for Community Policing.

He received his bachelor of arts and master degrees in communication from California State University, Sacramento. In 2006, Rick also received a master of arts degree in security studies (Homeland Security and Defense) from the U.S. Naval Postgraduate School.

He has received numerous letters of commendation, as well as the Silver Medal of Valor in 1988; Distinguished Service Award in 2001; and a Unit Citation in 2002.

Rick competes in marathons and triathlons including qualifying for the Boston Marathon and competing in the Ironman Triathlon World Championships held in Hawaii.

Third Vice President

Captain Rich Lucero, Fremont Police Department Rich Lucero is a captain with Fremont Police Department. He has been a police officer for 23 years and has served his entire career with Fremont. His assignments have included patrol, SWAT, narcotics, internal affairs, and street crimes. He is presently investigations and special operations division commander. He is a graduate of POST Command College Class 40 and a lifetime member of the California Narcotic Officers’ Association. He is also a graduate of San Jose State University and Santa Clara University School of Law. He received the CALI Excellence for the Future Award in the study of local government law and is a member of the California State Bar. He is a volunteer with Officers Give Hope, a law enforcement-oriented non-profit dedicated to facilitating and encouraging peace officers to join the National Marrow Donor Registry. He has served CPOA at the region level and on the Executive Committee as the Northern California Region Advisor before being elevated to the position of Third Vice President.

Fourth Vice President

Chief Mark Yokoyama, Cypress Police Department Chief Yokoyama, who born and raised in Los Angeles, has been in the police service profession since 1986 when he attended the Police Academy at Golden West College, graduating as the honor recruit. After a short stint as a reserve officer with the Tustin and Laguna Beach Police Departments, he worked for the La Palma Police Department for 12 years progressing through the ranks working various field and administrative assignments. He last served as the supervisor for the community policing unit.

In 1999, Mark joined the Newark Police Department in the San Francisco Bay area as a police lieutenant and was promoted to police captain in 2002. Having served as both the operations and services division commander for the Newark Police Department, he has been credited with implementation of community oriented policing, building and repairing community relations, developing police technology and personnel development.

In 2003, he returned to Southern California and joined the Cypress Police Department as a police captain and was promoted to chief of police in 2008. During his tenure, Chief Yokoyama has continued his interest in developing police community relationships, instituted technology

®

initiatives, and has furthered the implementation of contemporary policing philosophies and other crime fighting strategies.

Chief Yokoyama holds an associate of arts degree from Golden West College in police administration, a bachelor of arts degree in public administration from the University of La Verne, a masters of arts degree in behavioral science from Cal State Dominguez Hills, and a second master’s degree in executive leadership from the University of Southern California. He is also a graduate of the FBI National Academy in Quantico, Virginia, LAPD West Point Leadership program, POST Command College, POST Supervisory Leadership Institute, and the University of Southern California Delinquency Control Institute. Chief Yokoyama has been a community college and police academy instructor and advisor since 1990 training more than 10,000 police recruits, students and professionals across the state and is currently an adjunct faculty member at Golden West College and Fullerton College.

Chief Yokoyama has been very active in the communities he has served participating in leadership positions for the Boys and Girls Club, local Lions and Rotary clubs, and other civic organizations. He currently serves on the board of directors for such organizations as the California Peace Officers’ Association, Cops 4 Causes and the Cypress College Foundation, while also serving on the Orange County Drug & Alcohol Advisory Board as an appointee by the Orange County Board of Supervisors. r

Thank you California Peace Officers’ Association for Making a Difference!

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California Peace Officer | Summer 2010 | 9

past presidents

A Look Back At CPOA’s Past Presidents

Richard K. “Dick” Rainey 1985-86 CPOA Past President

By Sal Rosano

D

ick Rainey began his career in the city of Compton as a police officer in 1962 after serving in the U. S. Navy from 1957 to 1961.

He left the Compton Police Department in 1964 and joined the Contra Costa County Sheriff’s Office where he served in a variety of positions in that department, becoming sheriff of that county in 1978.

As the sheriff of Contra Costa County from 1978 to 1992, he operated a department of 700 sworn and 200 non-sworn personnel with a budget of $100 million. During his tenure, the county built two new jails that were considered a model for the new generation of jails.

During this time period, Rainey received an associate of arts degree in 1970, a bachelor’s degree in 1972, both in the administration of justice, and a master’s degree in public administration in 1976, and graduated from the FBI National Academy the same year.

Service to CPOA Sheriff Rainey was elected president of CPOA at the May 1985 annual conference in San Francisco. His principle goal during the year of his presidency was to increase the impact of law enforcement on legislation moving through the legislative process in Sacramento.

He worked with then-legislative advocate Al Cooper in bringing together CPOA members with California State Sheriff’s Association and the California Police Chiefs Association.

During his presidency, the board of directors took a public position in opposition to then-State Supreme Court Justice Rose Bird. That effort succeeded. Sheriff Rainey’s involvement during his presidency served him well for his future endeavors in the legislative arena.

The Mickey Rainey Award, presented annually by CPOA for outstanding service to the association, was named after Dick Rainey’s first wife, who passed away during the time he served as president.

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| Summer 2010 | California Peace Officer

Further Accomplishments Rainey left the Sheriff’s Office in 1992 when he was elected to the California State Assembly where he served as vice chair of the Public Safety Committee. He was instrumental in securing passage of the Three Strikes legislation among others, and assisted local law enforcement agencies with funding and problem solving.

In 1996, Rainey was elected to the State Senate where he served until 2000. During his tenure, first in the Assembly and later in the Senate, he chaired the Senate Local Government Committee and the Assembly Local Government Committee, and on the Transportation Committee in both houses.

In 2003, Rainey was sworn in as the regional director for the U. S. Department of Housing and Urban Development, Region IX after being appointed to this position by President George W. Bush. He directed the ten HUD offices in California, Arizona, Nevada and Hawaii. Before this appointment, Rainey had served local, county and state government for close to 40 years, and was recognized for his many accomplishments.

Rainey has also served as president of the California State Sheriff’s Association, on the California Board of Corrections for 12 years, received the State Sheriff’s Association Award as Outstanding Legislator of the Year, and the American Cancer Society Humanitarian of the Year award, among many others.

Rainey is married to Susan McNulty Rainey, who serves as the mayor and city council member for the city of Walnut Creek. Between them, they have a combined family of seven children and 11 grandchildren. r

Sal Rosano, retired Chief of Police of Santa Rosa Police Department, was the CPOA president from 1984-1985. He is actively gathering CPOA historical information. If you would like to contribute, contact Sal at salrosano@aol.com.

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5/13/10 5:30:24 PM California Peace Officer | Summer 2010 | 11

Specialized Electronic Surveillance for Law Enforcement

By Elizabeth Beck

T A good IP camera system should take no more than approximately 30 minutes to deploy, should have live remote video feed, and allow the user to review previously recorded video as well.

12

he term “electronic surveillance” describes the tools, techniques and procedures used by law enforcement agencies to electronically capture data depicting criminal activities. Electronic surveillance can encompass something as simple as using a digital camera to using sophisticated audio intercept devices, tracking devices, Internet Protocol-based (IP) camera systems, surveillance vehicles, and everything in between.

Most law enforcement agencies today have some type of electronic surveillance equipment they use to assist in conducting investigations. However, we have found that many agencies have a substantial amount of equipment sitting on a shelf not being used at all. When talking with agencies, we have found the two main reasons most equipment sits on the shelf is because investigators do not know how to use it, or the vendor who sold them the equipment did not listen to the agency’s needs or provide enough training or support upon delivery.

One of the most requested pieces of equipment are video-surveillance devices. Video surveillance can be something as simple as an analog system with a dedicated recorder to the newer digital IP systems. Many agencies still deploy cost-effective analog systems consisting of a micro-recorder that stores video to a standard SD card, and a telephoto or pinhole camera. Depending on the mission, this can be a very cost-effective way to record video. With this type of system, there is no data or cellular service required because there is no remote-viewing capability. The video is recorded and stored onto an SD card, which must be retrieved and reviewed. This type of system generally requires less training for deployment staff and is very user friendly. The downside of deploying this type of system is the lack of instant video.

The investigator will need to go to the field, retrieve the information, and return to the office to view the footage.

This can be time consuming and discouraging. The good news is that there are other options available for those who don’t have the time for this type of system.

IP-based camera systems come in many shapes and disguises. IP systems allow the investigator to deploy the camera in a covert manner in hostile areas, with only minimal manpower requirements. The video can be

| Summer 2010 | California Peace Officer

viewed remotely from almost any location, saving manpower and reducing overtime costs. While IP systems are typically much more expensive than other systems, the cost-savings generated from the reduction in manpower and overtime more than offsets the cost of the system. A good IP camera system should take no more than approximately 30 minutes to deploy, should have live remote video feed, and allow the user to review previously recorded video as well. Some important things to consider when purchasing an IP camera system are where the recorded video is stored and how the video will be transmitted. Typically, the best storage place for the video is onboard the system, which will always provide the most clear picture. As far as transmitting the video for remote viewing, this can be done via cellular networks, Wi-Fi, or radio frequency (RF), to name a few. The type of transmission is important because it must work well in your environment. For example, if you are in a very rural area, with no cellular coverage, you would not want a cellular-based system. These are all questions you should ask when considering a camera system. A good vendor will listen carefully to your needs before making a product recommendation. Any type of system you purchase should come with support and training from the vendor upon delivery of the product.

Another common type of electronic surveillance is audio surveillance. Audio surveillance can consist of body wires worn by informants or investigators, room bugs, vehicle bugs and various other types of audio transmitters and receivers. Laws governing the use of audio-surveillance devices are very strict and specific and, when conducting audio surveillance caution, must be taken not to violate the civil rights of the suspects or participating parties. During this age of video friendly environments, audio surveillance is sometimes forgotten about by investigators. Audio surveillance should always be considered during any investigation because a verbal confession can often times weigh much more heavily in court than a video image. Older transmitting and recording devices were large in size and difficult to conceal. Newer audio equipment is smaller and can penetrate further in distance. Full one-watt body wires are now available, and receivers are now as small as a

cell phone. The days are over of having a briefcase on your lap. The size of the equipment and distance are important, but the most important factor in audio equipment is the quality of the audio. If the audio is distorted or fuzzy, the size and distance do not matter.

When purchasing audio surveillance equipment, you should always ask for a demonstration of the actual gear so you can judge the quality of the audio yourself.

One final and very important type of electronic surveillance equipment is GPS tracking. GPS tracking devices are used regularly by many agencies to assist in solving cases, and have proven to be very effective. GPS tracking devices range significantly in price, quality, size and reputation. Some well-established and wellknown devices are very high in quality and allow a user to do everything from live tracking and setting fences to actually using a relay to flash the vehicle’s lights or shut the vehicle down. These devices are a necessity when working a very high profile case, or when all the bells and whistles are critical to your mission.

However, there are many lower-cost alternatives available now that perform extremely well and have many of the same features as the more expensive devices.

The key to choosing a good tracking device is to test it in your environment; not all trackers send data the same way, and not all trackers will work for everyone.

Some devices send location data through Verizon and are CDMA based, while others are AT&T and GSM based. Depending on the coverage in your area, one tracker might work much better than another. Other factors to consider include battery life, live tracking options, reporting intervals or ping rate, size, availability of alerts, and the reliability of the server where the data is stored. In addition, all live tracking devices have some type of monthly service fee, and it is important to know what this fee is, and whether or not the price you pay includes unlimited users and unlimited locates or pings. Many vendors will offer very low monthly plans, but will have a limit on the number of locates per month, with additional fees for exceeding this amount. Most law enforcement agencies will need to conduct live tracking, and should look for a tracking device that provides locates at least every five seconds or less and has unlimited usage. Again, a good vendor will listen to your needs, let you test a device, and provide you with adequate support and training.

This is essential with any type of electronic surveillance equipment.

Electronic surveillance equipment used to be a luxury, but with fewer staff to do the job today, this equipment is now a necessity. Many agencies have been able to use this gear to reduce overtime and save money, while apprehending criminals who would have otherwise gotten away. The most important thing to remember about this type of equipment is that what works best for one agency or mission might not be the best equipment for another. Testing the equipment for your mission and finding a vendor who will train and support you will ensure that you get the best equipment for your investment. r

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California Peace Officer | Summer 2010 | 13

Thermal Imaging in Public Safety is Very Much Alive

By Tim Hargrove

14

| Summer 2010 | California Peace Officer

M

uch can be said when it comes to the tools of our trade. Thermal imaging technology in public safety has survived the scrutiny of our liberal court system and today is still one of the most useful tools to public safety first responders and investigators.

The Law Enforcement Thermographers Association (LETA) was established in 1995 in New York City by United States and Canadian law enforcement officials as a 501(C)(3), nonprofit law enforcement association to conduct thermal imaging training seminars throughout North America.

LETA’s mission statement is to provide legal and ethical thermal imaging for law enforcement. We are a law enforcement association much like your state peace officer or provincial officers association; therefore, we do not represent any companies, nor recommend the type of equipment your department should purchase.

Since 1995, LETA has trained more than 10,000 law enforcement officers, firefighters, first responders and military in the use of thermal imaging. Our training seminars are accepted by the Royal Canadian Mounted Police, the Ontario Provincial Police, federal agencies in the United States such as DEA, the FBI, Border Patrol and literally hundreds of municipal agencies. We have provided training for the Department of Homeland Security, CTAC, CEDAP and many municipal, state and local agencies as well as the RCMP, OPP and other municipal agencies in Canada.

Most of you are familiar with the term F.L.I.R., which means forward-looking infrared. Actually the correct terminology for this technology is thermal imaging. LETA was formed to assist public safety organizations regarding their thermal imagery needs. LETA provides training seminars to not only teach how to use the imagers, but how to conduct proper investigations with the thermal imager and how to present that evidence in court.

Over the years, there have been many investigations with the thermal imager and how to present that evidence in court. During this time, there have also been many misconceptions about the use of thermal imaging. Some people believe that a ther-

mal imager can see through the sides of the building, which we all know is not true. Unfortunately, this misconception started in Hollywood and has carried over to what some believe is the truth. It’s no different when other Hollywood movies depict a laser light being turned on at a crime scene and immediately showing every fingerprint in an entire room as clear as a high-resolution photograph. People come to believe that all of this technology exists. There are many other misconceptions as well. Some law enforcement officials actually call thermal imagers grow-finders or body-finders, depending on their use. Currently LETA teaches 12 court-accepted applications: • Flight Safety • Officer Safety • Search and Rescue • Fugitive Apprehension • Vehicle Pursuits • Structure Profiles • Vehicle Profiles • Disturbed Surfaces • Marine Surveillance • Environmental Law Enforcement • Perimeter Surveillance • Accident Investigations/Skid Marks LETA offers certified training sessions that are all certified by POST, CLEET, TCLEOS and numerous other certification agencies. The staple of LETA training is the three-day basic course. We strive to have the classes on Tuesday through Thursday, which leaves Monday and Friday as travel days for agencies coming from all over the area. The first day of training is a full day of academics. The second day is another full day of academics, plus a night time practical exercise.

During this practical exercise, we offer many different law enforcement and public safety type scenarios with actual use of the thermal imagers in real-life situations.

On the third day of the seminar, we conduct a preexam/review session because there is a written exam required by POST and CLEET. At the end of the class we always do critiques, where the officers then grade us on our performance and educational content of training session. We pay very close attention to these critiques because they have greatly improved the

quality of our training sessions. We then issue our training certificates and certifications to the students.

There is also a one-day advanced/ recertification program that U.S. students can attend every two years to be recertified, which is required by the courts. (State v. Niel, 640 So.2d 588) Lastly, we provide—by invitation only—an instructors class so that students who go through our basic and advanced classes can then request to become a LETA instructor. If they have all of the necessary qualifications, we then invite them to attend the instructor class.

All of the students who graduate from our regional seminars are given the certification in thermal imaging. Not only do they receive a certification in the handheld equipment, they also receive a certification in the airborne equipment because it is exactly the same technology. When the student leaves our training seminars, they are prepared to interpret thermal images.

Our class also gives the student the ability to conduct a thermal imaging investigation and present that evidence in court. There is no charge to the hosting agency for those of you who want to host a LETA regional seminar. And once we reach the 20-student minimum, you and the hosting agency receive two free slots in the class for your students.

So it can be a real bonus to the hosting agency to host a LETA class.

In addition, each student is given a free one-year LETA membership so that when they leave the class, we haven’t left them. They can contact us via e-mail; we will provide documents, policies, copies of search warrants, and boilerplate documents that they will need to testify in court, and be there for their first year on the job to answer questions and help them with their cases.

Our staff, board of directors and all of our instructors are working public safety officers who have many hours of experience with infrared thermal imagers. Students will also be certified when they leave our school. r

Tim Hargrove recently retired after serving more than 30 years as a law enforcement officer. He worked for the Truckee Police Department for nine years and for the Nevada County Sheriff’s Office for 21 years.

He is one of the founding members and on the board of directors, in addition to being a past president of LETA. For more information, visit www.leta.org.

California Peace Officer | Summer 2010 | 15

cover story

Great Cops + Great Technology =

Great Police Work

By Commander David Wilson

N

o technology can replace the work of a well-trained, experienced police officer. However, all of us know technology can make us more efficient and better at what we do best—fighting crime. The Ventura Police Department has always placed a high priority on equipping our employees with the right tools and technologies to improve the safety and service we provide to the Ventura community.

In June 2009, Ventura became the first law enforcement agency in the world to debut Motorola’s next generation computer aided dispatch (CAD) and mobile public safety applications, PremierOne™ CAD and PremierOne Mobile.

PremierOne is a unified applications suite that provides one, enduring, real-time view of the community for enhanced public safety and resource allocation. PremierOne solutions are transforming the way we access and share real-time, critical information in the field and within the communications center, which allows us to better serve the community.

Training our staff to use PremierOne was extremely straightforward considering the advanced features of the system. Users have many options available to them in order to control the system, which makes it extremely versatile and easy to use.

PremierOne, a feature-rich solution that improves situational awareness and response times, provides all pertinent data associated with a call (such as historical information about locations, persons and vehicles) and makes it immediately available to first responders for a safer and more effective outcome.

No additional processing is needed since all of the important

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| Summer 2010 | California Peace Officer

information is available in one window. All priority calls are immediately sent to officers’ mobile data computers (MDC) as a high-priority message. PremierOne Mobile provides officers in the field with all the necessary details of an emergency even before the call is verbally dispatched.

Dispatchers are able to attach photographs of suspects or missing children to an incident using PremierOne multimedia capabilities. These photographs are immediately viewable on an officer’s MDC, giving him or her access to critical information before arriving on scene. These pictures are then part of the call history and may be easily retrieved at a later time.

One of the many excellent examples of how well-trained personnel and exceptional technology work together is when a Ventura police officer recently stopped and questioned a suspicious female. The female gave the officer her name and date of birth, but did not have any identification. The officer relayed this information to a dispatcher and a driver’s license record was located, however, it did not match the description of the female in question. Using PremierOne, the dispatcher searched further, quickly locating a previous incident that involved two sisters. The dispatcher attached a photograph and description to the incident and the officer was able to access it via his PremierOne Mobile application and make a positive identification. The suspect originally used her sister’s name to avoid arrest for an outstanding felony warrant. The advanced search and multimedia capabilities of PremierOne saved valuable time and essentially made it possible to identify and put a wanted felon back behind bars.

cover story Additionally, the enhanced level of access to information offered by the new PremierOne mobile platform increases the presence of our officers in the field. Officers no longer need to return to the station for information, rather they can access a wide range of information from their vehicle and stay focused on protecting the community.

As mentioned before, no technology will ever take the place of highly trained and exceptional dispatchers and police officers. However, the advanced features of PremierOne have provided our department with incredible tools that help us better fight crime and increase safety within our community. Our goal is to use PremierOne as the platform to transform our public safety answering point (PSAP)/communications center into an “emergency command center”.

Under the direction and guidance of Chief of Police Ken Corney, Ventura plans to use video technology, advanced databases, and interactive command center capabilities to start the crime solving process at the time a call is received or noticed on a wide variety of community security cameras. We believe the command center concept will become the standard of police agencies throughout the United States. We will use performance measures to evaluate our successes and areas for improvement.

Future PremierOne releases will integrate video and advanced mapping capabilities to speed up the delivery of emergency services. Our responding personnel will be much more informed of what they are getting into and have all of the information available in their office (a police car).

With tighter budget constraints, we realize we must police smarter and incorporating PremierOne into our command center will improve upon our success to make Ventura a safer community.

For those interested in learning how PremierOne can benefit your agency, please visit www.motorola.com/premierone or contact Commander David Wilson at (805) 339-4337 or by email at dwilson@venturapd.org to discuss Ventura’s PremierOne experience.r

Commander David Wilson administers the Patrol Services Unit, which includes the Ventura Police Department’s patrol, information technology and communications divisions. Commander Wilson has worked as a patrol officer, field-training officer, community services/crime prevention officer, harbor storefront officer, member of the special enforcement team, property crimes investigator, and executive officer of the SWAT team. He has served as a supervisor in patrol, communications and professional standards. In 2005, Commander Wilson served as Special Assistant to the City Manager.

Commander Wilson has a bachelor of science degree in management from Azusa Pacific University, and is a graduate of the POST Supervisory Leadership Institute and Command College. He was honored as the City of Ventura’s Supervisor of the Year in 2001. He can be reached at dwilson@ci.ventura.ca.us.

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California Peace Officer | Summer 2010 | 17

training symposium highlights

Core Value Leadership CPOA and its Board of Directors would like to acknowledge the generous support of the Annual Training Symposium sponsors. Without the support from these organizations the quality of programming and training CPOA is able to offer wouldn’t be possible. Please think of our sponsors first when doing business. They support your profession by underwriting quality events throughout the year.

Diamond Level: Mastagni, Holstedt, Amick, Miller & Johnsen Sapphire Level: Raytheon Ruby Level: Data 911 Enterprise Holdings Target & Blue® ShoreTel The SMILE Conference Sprint Lexis Nexis The Law Offices of Jones & Mayer

18

“

B

uilding Out From the Center” was CPOA’s 90th Annual Training Symposium’s theme.

The symposium was held at the brand new J.W. Marrriott at L.A. Live in downtown Los Angeles where Chief Charlie Beck of the Los Angeles Police Department welcomed the delegation to the city.

CPOA’s business meeting commenced with the nominating committee’s recommendation on the slate of officers for the 2010/2011 fiscal year, followed by the treasurer and executive director reports. The program concluded with dynamic keynote speaker, Tommy Lasorda, who entertained the attendee’s with his jovial wit and fascinating examples of his motivational techniques.

Day two of the symposium began with the Installation of the Officers breakfast where Jim McDonnell, chief, Long Beach Police Department, was installed as CPOA’s president for 2010/2011 by Steve Cooley, Los Angeles County District Attorney. Rounding out the executive committee board members were First Vice President Chief Sandra Spagnoli of the Benicia Police Department; Second Vice President Chief Rick Braziel of the Sacramento Police Department; Third Vice President Captain Rich Lucero of the Fremont Police Department; and Fourth Vice President Chief Mark Yokoyama of the Cypress Police Department.

Other dignitaries in attendance who offered remarks of support for the CPOA and President Jim McDonnell were Sheriff Lee Baca, Los Angeles County; Carmen Trutanich, City Attorney of the City of Los Angeles; and Governor Arnold Schwarzenegger.

| Summer 2010 | California Peace Officer

Also during breakfast, the Mickie Rainey Award was presented by the outgoing president to a CPOA member who has been an active supporter and contributor to the association over a long period of his career. The recipient this year was Sam Davis of Federal Signal. Of the many contributions Sam has selflessly given to CPOA, the most notable is his involvement and true dedication of the COPSWEST tradeshow.

The CPOA Awards Luncheon was a time to recognize and celebrate those California law enforcement officers who have shown tremendous acts of selflessness and who went above and beyond the call of duty during 2009. Recipients were applauded and honored with awards ranging from the Professional Achievement, Awards of Distinction, and Awards of Valor to the Sherman Block Memorial Award. Please visit the CPOA website for a complete listing of award recipients.

This year’s training offered two tracks of quality training, one for the seasoned professional and one for the emerging leader. Emphasis also included in-depth training in social media with a hands-on workshop and two panel discussions about positive use by agencies and policy development. The symposium closed with CPOA favorite David Rabiner challenging everyone to develop strategic leadership goals and challenge themselves and others in leading their departments.

Mark your calendars now for the 91st CPOA Training Symposium on May 24-27, 2011, in San Diego at the Omni Hotel. r

cpoa bulletins

Mentor Connector

By Ben Reed

Y

ou may have noticed several announcements about the CPOA Mentor Connector and wondered what it’s all about. CPOA is committed to ensuring that our organization represents a strong, vibrant, and evolving model of diversity and inclusion for the law enforcement profession—a place where everyone has the opportunity to reach their full potential. This online service helps mentees find mentors within law enforcement, and it gives law enforcement leaders an opportunity to share their experience and provide career guidance as mentors. This is an excellent way to get started with your mentoring and to contribute to the ongoing professionalism of California law enforcement.

Go to the CPOA website at www.cpoa.org. Of course you already know this because you refer to it often and it is marked in your favorites list. The site contains a wealth of information about the regions, upcoming training sessions, the annual training symposium, a membership database, publications, and a multitude of useful information. Look under “Membership Services” for the Mentor Connector box. You can sign up as a mentor or mentee. Our aim is to connect people with similar interests or goals. You may have something to offer in a particular area; for example, field training officer programs, or you may want to provide ongoing mentoring for a young officer who is trying to map out a career path. You may commit as much time and as many resources as you desire.

With more than 3,500 members from municipal, county, state and federal law enforcement agencies throughout the state of California, and over 90 years of history, CPOA is an excellent tool by which to connect with and mentor others. CPOA is committed to developing progressive leadership for the California law enforcement community. This is accomplished by organizational networking, professional development, training, and public policy advocacy.

If you have any questions about the Mentor Connector program, please contact Stephanie Vinci, CPOA membership director at svinci@cpoa.org or (916) 2630541. r Ben Reed is a retired Police Captain with the Redding Police Department after serving 31 years in California law enforcement. He is a CPOA life member and former member of the Executive Committee.

Marijuana Found in Deputy’s Locker!

In January and February of 2010, the Standards and Ethics Committee posted two related scenarios involving a deputy in possession of marijuana on a CPOA discussion board. CPOA members who participated identified a variety of ethical issues underlying the scenarios, and their discussions of those issues raised ethical concerns about how best to protect the citizens we serve, the image of our profession, our organizations and our careers.

Review the thought-provoking summary of the first Standards and Ethics Committee discussion board by visiting the “Latest News” section on CPOA’s homepage at www.cpoa.org.

WARNING: Failure to train continuously in ethical decisionmaking will be HAZARDOUS to your health and profession!

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California Peace Officer | Summer 2010 | 19

copswest experience

Provides Unparalleled Value

By Sam Davis

A

s our nation’s economy continued to struggle to gain any upward movement throughout 2009, law enforcement tradeshows and conferences throughout the country saw an appreciable reduction in both attendee and vendor participation. On average, reports were declaring a 30- to 40-percent drop in attendance.

But why did COPSWEST not experience the same drop in attendance? Simply stated: value. Free admittance, free seminars and free vehicle test day. Pretty obvious isn’t it?

Since 1999, COPSWEST purposely planned and focused on providing unparalleled value to both attendees and vendors. As an attendee, chances are, what little expense you may incur while at COPSWEST would benefit a local charity by choosing to enjoy lunch at the COPSWEST charity barbecue held at the tradeshow site at the Ontario Convention Center. Even COPSWEST exhibiting vendor costs contribute directly to the California Peace Officers’ Association—whose proceeds directly benefit law enforcement training throughout the state.

Although never held as a secret, COPSWEST remains successful for everyone involved; attendee and vendors alike. The simple word most often used to describe COPSWEST remains “value.”

Complacency is a word that is not allowed in the planning and preparation of COPSWEST. All of us who serve as custodians of this event are keenly aware of the need to keep the show “fresh” and responsive to the needs of both attendees and vendors. CPOA also understands that the continued success of COPSWEST cannot ignore competitive tradeshow offerings—many that are privately owned and produced and whose profits do not directly benefit law enforcement training like CPOA/COPSWEST. The need for mobility in the performance of public safety remains a very important ingredient to the overall formula for effective law enforcement. This year, we will see substantial major changes in the vehicles we have become comfortable with for many years. Both Ford Motor Company and General Motors will be testing their new police vehicle offering for 2011 and 2012. Chrysler

also made some changes to their Charger model. All three manufacturers will put their vehicles to the test at the Los Angeles County Sheriff’s Department Annual Law Enforcement Vehicle Test on the third day of COPSWEST. The test will return again to the Auto Club Speedway—California’s only NASCAR-based track located a few short miles from the COPSWEST tradeshow.

The vehicle test day is free for all attendees. There are only two law enforcement vehicle tests in the nation that the automotive manufacturers design for testing; The Michigan State Police Test and the Los Angeles County Sheriff’s Test.

All three vehicle manufacturers will also be presenting detailed seminars on their new offerings. For the first time ever at COPSWEST, these seminars will be individually based allowing each manufacture to address their customers directly. All three seminars are conveniently held the day before the vehicle test.

Long-standing COPSWEST committee member Mark Getchel (Captain, El Dorado County Sheriff’s Department) made an observation a few years ago to other committee members that resonates today and will for years. While citing the varied opportunities for attendees and vendors beyond the tradeshow floor, Mark commented that everything was part of the “COPSWEST experience.”

What is the COPSWEST experience? It goes well beyond the large tradeshow floor and includes topical seminars presented by renowned speakers and experts, The Los Angeles County Sheriffs Annual Vehicle Test, evening activities, charity barbeque, “Best of COPSWEST” awards and the ability to network with your peers from over 20 states in attendance. It is all here! Mark your calendars now to attend this year’s show—November 16 and 17 (tradeshow/ seminars), and November 18 (vehicle test). r Sam Davis has served as a past chair of the COPSWEST Committee, and a CPOA member (retired) from Montclair Police Department.

Recently he was presented the Mickie Rainey Award. He can be reached at sdavis@fedsig.com.

Register at www.copswest.com with this promotion code – CPOMAG10 – for your free registration.

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| Summer 2010 | California Peace Officer

cpoa bulletins

Promotions Avenal Police Department Retired Commander John “Jack” Amoroso Appointed Chief of Police (previously with Kings Co. Sheriff’s Department)

Carlsbad Police Department

Commander Gary Morrison Appointed Chief of Police (previously with Long Beach Police Department)

El Segundo Police Department Captain Mitch Tavera Appointed Chief of Police

South San Francisco Police Department Corporal William Souza Promoted to Sergeant

Officer Christy Wesselius Promoted to Corporal Officer Gary Souza Promoted to Corporal Officer John Stankewicz Promoted to Corporal

Redding Police Department

Leadership Training Day The annual CPOA Leadership Day has become the place to get a full day of the very best leadership training and information. Join us for our annual Leadership Training Day on Monday, November 15 at the DoubleTree Hotel in Ontario.

San Francisco Police Chief George Gascon will begin this exciting and information-packed day as he discusses organization and change.

Next, you will hear from Vallejo Police Chief Bob Nichelini and Matthew Mustard, president of the Vallejo Peace Officers’ Association, as well as Sheriff John McGinness and Deputy Kevin Mickleson, president of the Sacramento County Deputy’s Association, as they share the details of the budget nightmares of their agencies and how they worked together through severe cuts and layoffs, contract renegotiations and the looming potential of bankruptcy for the city of Vallejo.

During the afternoon session the speaker will discuss many key values associated with successful leaders. CPOA is proud to be your source for the best leadership training.

Registration for this event is $135 for eight hours of excellent POST certified training. Lunch included. Visit cpoa.org to register.

Lieutenant Roger Moore Promoted to Captain

Retirements Sergeant Michael Riordan South San Francisco Police Department CPOA member for 29 years Captain Ben Reed Redding Police Department CPOA member for 21 years Chief Thomas Zoll Carlsbad Police Department CPOA member for 19 years Chief David Cummings El Segundo Police Department CPOA member for 18 years Chief of Police John DeRohan Morro Bay Police Department CPOA member for 18 years Lieutenant John “Jack” Chandler Placentia Police Department CPOA member for 13 years Chief Fred Hardee CSU Monterey Bay Police Department CPOA member for 10 years

California Peace Officer | Summer 2010 | 21

general counsel’s message

Social Networks and Law Enforcement

By Martin J. Mayer

A

recent flurry of activity has been seen in California regarding the manner in which law enforcement utilizes various “social networks” in its investigative activities. Recently, a demand was made on, virtually, all law enforcement agencies, pursuant to the California Public Records Act (CPRA), for such information. However, it would appear that such information is not required to be made public under the CPRA, since it would be considered an “investigatory or security file.”

Additionally, a consumer watchdog group, the Electronic Frontier Foundation (EFF), filed a lawsuit in federal court, pursuant to the federal Freedom of Information Act (FOIA), against numerous federal law enforcement agencies for failing to respond to a similar demand for policies regarding the use of social media for surveillance purposes.

Expectation of Privacy The Fourth Amendment to the U.S. Constitution states, in full, that: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

On August 14, 2009, the 8th Circuit U. S. Court of Appeals decided the case of United States of America v. Stults, wherein they affirmed the conviction of Stults, which was based on an FBI agent’s search of a peer to peer, or P2P, social network website called LimeWire.

The FBI searched for people who used their computers to view child pornography by viewing publically shared P2P networks, including LimeWire.

The Court of Appeals held that, “users of peer-to-peer file sharing software do not have a reasonable expectation of privacy in files they make available to others using the software, and the warrantless search of defendant’s computer through the software did not violate his Fourth Amendment rights.” [This case does not address the type of network with passwords or encryption, but only the publically accessible P2P systems.]

Additional Court Decisions In April, 2007, the 10th Circuit U.S. Court of Appeals decided the case of United States of America v. Barrows, 481 F. 3d 1117, wherein it held that the defendant did not have a reasonable expectation of privacy

22

| Summer 2010 | California Peace Officer

(to child pornography on his computer) when he brought his own, personal, computer to work, placed it on a desk he shared with another employee, left it on continuously, did not have password protection, connected it to the city network and used it to conduct his city work by accessing city records and programs.

Finally, on August 15, 2008, the Ninth Circuit U.S. Court of Appeals decided the case of United States of America v. Ganoe, in which it held that Ganoe had no reasonable expectation of privacy using a “file-sharing program that can be downloaded from the internet free of charge....” Federal agents used LimeWire to locate people who downloaded child pornography onto their personal computers. “Once a user downloads the program onto his computer, the user can click on an icon that connects his computer to others on the network.”

Less Than Lethal Weapons Another area of technology which has been challenged involves the use of less than lethal weapons. Police officers on patrol were traditionally armed with a baton or pistol or both, and non-lethal methods of subduing an attacker centered on hand-fighting techniques and the use of the baton. In the 1980s and 1990s, officers began utilizing weapons designed to be nonlethal, such as pepper spray, “bean bag” shotguns, “pepperballs,” and electronic control devices (ECD), such as Tasers.

The purpose and intent behind the development and use of each of these weapons was to provide officers with options other than lethal force when confronted with a situation where the subject was combative and/or refusing to comply with lawful orders. Such non-lethal weapons are weapons intended to be less likely to kill a person than would a firearm. Less than lethal weapons are used in situations to limit the escalation of conflict or where employment of lethal force is prohibited or undesirable.

Litigation However, despite the good intentions of using weapons which are designed to be less than lethal, law enforcement is always going to be required, frequently through law suits, to prove that any use of force was “objectively reasonable” under the circumstances confronting them. As a result, there has been ongoing litigation involving the use of all of these devices and, in each and every case, the use of it must be justified under current standards of law.

Recently, a unanimous Ninth Circuit U.S. Court of Appeals restricted when and under what circumstances Electronic Control Devices (ECD) can be used. In the case of Bryan v. McPherson; Coronado Police Department; City of Coronado, the Court ruled that in order to deploy an ECD, the “objective facts must indicate that the suspect poses an immediate threat to the officer or a member of the public.” (Emphasis added.) Furthermore, the Court upheld the lower court’s denial of qualified immunity from civil liability for Coronado police officer Brian McPherson.

Officer McPherson stopped Bryan’s car when he observed that he was not wearing a seat belt. Bryan was wearing only boxer shorts and tennis shoes.

The Officer testified that Bryan was 20 - 25 feet away from the officer, that the officer had no fear that Bryan was armed, and that Bryan never directed any verbal or physical threats toward the officer. Nonetheless, the officer fired his ECD, a Taser X26, at Bryan and hit him. It is undisputed that no warning was issued by the officer before discharging the weapon. Bryan sustained significant injuries as a result of the use of the ECD. The Court acknowledged that such devices “fall into the category of nonlethal force.” However, “non-lethal ... is not synonymous with non-excessive; all force—lethal and non-lethal—must be justified by the need for the specific level of force employed.” The Court cited to several significant cases, including the landmark decision from the United States Supreme Court, Graham v. Connor (1989) 490 U.S. 386, and held that “we ask whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them.”

When force is involved, “we must balance the amount of force applied against the need for that force.” Three factors must be considered under Graham v. Connor, however, “the ‘most important’ factor under Graham is whether the suspect posed an ‘immediate threat to the safety of the officers or others’.”

The Court also noted that the severity of the offense provided little justification for the use of such force As such, since the use of “the intermediate level of force employed by Officer McPherson against Bryan was excessive in light of the governmental interests at stake,” Bryan’s constitutional, Fourth Amendment, right to be free of unreasonable force was violated.

Conclusion There will constantly be advances in technology on all fronts. Law enforcement will be obligated to stay abreast of those changes and, in many cases, need to adapt its approach to enforcing the laws in order to meet those changes. Social networks have provided certain members of our society with access to people, especially children, in an unprecedented fashion. Unfortunately, that means it can be used to cause harm, as well as to do good. The laws regarding these new ways to communicate will continue to evolve and it is the duty of law enforcement to stay current regarding these changing laws in order to be sure they comply with them.

In the same way, we will continue to see the development of technology which can benefit, as well as challenge, law enforcement in carrying out its duties. As with the evolution of laws governing communications, we will see laws evolve regarding other new technology used by, and sometimes against, law enforcement. Whatever those changes may be, it is incumbent on all of us to stay current and in compliance with those changing rules. r

Martin J. Mayer is a name partner in the Fullerton-based public-sector law firm Jones & Mayer and has served as General Counsel to the California Peace Officers’ Association for more than 25 years.

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California Peace Officer | Summer 2010 | 23

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| Summer 2010 | California Peace Officer

www.mastagni.com 1912 i street, sacramento, ca 95814 sacramento: (916) 446-4692; toll Free (800) 852-7581 22 Battery street, suite 1000, san Francisco, ca 94111 san Francisco: (415) 274-8700; chico: (530) 895-3836; stockton: (209) 948-6158; san Jose: (408) 292-4802; Fresno: (559) 486-5580

Making a false or fraudulent Workers’ compensation claim is a felony subject to up to five years in prison or a fine up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

legal service program news

Recent Cases Demonstrate Tactical Advantage to CPOA Legal Services Program

By Christopher W. Miller, Esq.

A

ll the bells and whistles of new tactics, equipment and technology likely could not have prevented the many incidents that led to civil and administrative actions against law enforcement managers and supervisors in California in the last year. We provided representation to CPOA Legal Services Program members in everything from discipline investigations to department reorganizations, off-duty conduct, and risk management issues. Many of the outcomes in these cases demonstrate the tactical advantage of CPOA LSP membership.

Here’s a summary of a few recent CPOA LSP matters handled by your provider law firm, with privileged information redacted: Police Chief Accused of Misuse of Equipment: A police chief was accused of misusing city time and equipment as well as interfering with a local “watchdog” committee that monitored police activity.

We represented the chief in his interview by an outside investigator and assisted in resolving the case while minimizing both the chief ’s and the city’s exposure to liability.

Captain Investigated for Workplace Harassment: In a case involving over a dozen allegations of misconduct brought by disgruntled POA members, we represented a police captain in two lengthy interrogations by an outside investigator. One of the many interesting hallmarks of the case was the strong support extended to the captain by the city council and local agency.

Lieutenant Resolves Fitness for Duty Issues: We represented a police lieutenant in settling a long-standing dispute over his fitness for duty. The settlement involved resolving both workers’ compensa-

tion and disability retirement issues, areas in which the law firm has particular expertise. The lieutenant was able to retire for work-related injuries.

Apply online at

Supervisor Accused of Discrimination: A sergeant for a state police agency is accused of discrimination against a subordinate employee based on federal law. We are representing the sergeant in a case where the employer has declined to defend him.

for CPOA’s Legal

www.cpoa.org Service Program.

Reorganization Prompts Negotiations Advice: A supervisor, whose entire agency was targeted for elimination, consulted with the firm during his negotiations with the city over the restructuring. The CPOA Legal Services Program affords its members a wide range of consultation services as well as representation in ongoing cases.

These sample cases demonstrate the distinct “tactical advantage” available to CPOA LSP members. We recently represented a CPOA member in a critical incident, but he was not a member of the Legal Services Program. His agency paid hourly for his representation, a cost which could have been avoided had the lieutenant been enrolled in LSP. The Legal Services Program provides its members with high-quality legal representation at competitive rates. r The reader should not act on the information contained in this article without seeking specific legal advice on the application and interpretation of this information in any particular matter.

Christopher W. Miller is the managing partner of the Labor Department at Mastagni, Holstedt, Amick, Miller & Johnsen. He has represented CPOA Legal Services Program members for over 14 years.

California Peace Officer | Summer 2010 | 25

resource guide CALVET HOME LOANS CalVet Home Loans

CREDIT UNION San Francisco Police Credit Union

RADAR & MESSAGE TRAILERS Corbin Communications

CBU ONLINE AND PROFESSIONAL STUDIES California Baptist University

DRIVER LICENSE READERS E-Seek, Inc.

VIDEO SURVEYANCE EQUIPMENT Digital Ally, Inc.

CERTIFIED IN DISASTER PREPAREDNESS, CDP-I American College of Forensic Examiners (ACFE)

EMERGENCY VEHICLE UPFITTERS Corbin Communications

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COLLEGE EDUCATION American College of Forensic Examiners (ACFE)

LEGAL SERVICES Mastagni, Holstedt, Amick, Miller, Johnsen

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| Summer 2010 | California Peace Officer

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