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    ★ ★L O S A N G E L E S C O U N T Y P R O F E S S I O N A L P E A C E O F F I C E R S A S S O C I A T I O N

    StarShield&Volume 39 Issue 2 February 2012

    Report from Sacramento: Pensions, Politics & Memorials 5

    Insurance Protection from PPOA 10

    Your Rights with ICIB 15

    See Page 4

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    STRAUSSNER s SHERMAN

    Making a false or fraudulent workers’ compensation claim is a felony subjectto up to five years in prison or a fine up to $50,000 or double the value of the

    fraud, whichever is greater, or both imprisonment and fine.

    We have devoted ourselves and our staff

     to providing the highest level of personalservices to our clients.

    • Workers’ Compensation• Employment Litigation

    • LACERA Retirements• Personal Injury

    Please contact Aaron or Julie

    for a free consultation.

    Van Nuys Historic Library Building

    14555 Sylvan Street, Van Nuys, California 91411ph: (818) 788-1700 | fax: (818) 788-1705

    www.iodlawyers.com

    Our emphasis is primarily on

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    FEBRUARY 2012 | STAR&SHIELD

    PPOA AFFILIATIONSSouthern California Alliance

    of Law Enforcement (SCALE)

    California Coalition ofLaw Enforcement Associations (CCLEA)

    International Foundationof Employee Benefit Plans

    Los Angeles County Organization of Policeand Sheriffs (LACOPS)

    Public Employees Staff Organization (PESO)Fraternal Order of Police (FOP)

    National Conference of Public Employee Retirement SystemsCalifornia Peace Officer Memorial Foundation

    PPOA STAFF MEMBERS

    PAUL K. ROLLER, Executive Director

    SANDRA BRYANT, Administrative Assistant

    CLARE FRANCO, Administrative Assistant

    NORMA GOMEZ, Administrative Assistant

    TERESA MACHADO, Intake Representative

    VIOLET PEREZ, Administrative Assistant

    MARLYNE RINALDI, Sr. Labor Representative

    GREG TORRES, Public Relations Coordinator

    MARK VIDAL, Media Assistant

    MARICELA VILLEGAS, Sr. Administrative Assistant

    JIM VOGTS, Legislative Representative

    VENISE WALLACE, Sr. Labor Representative

    TABLE OFCONTENTS

    2012: Preparing for Battle . . . . . . . . . . . . . . . .

    News from Sacramento:

    Pensions, Politics & Memorials . . . . . . . . . . . . .

    Politics: Not Always as They Appear . . . . . . . . . .

    The Latest from Custody . . . . . . . . . . . . . . . .

    Browsing, Shooting and Transferring . . . . . . . . . .

    PPOA Insurance Agency to Provide

    Complete Protection and Peace of Mind . . . . . . . . 1

    Supporting Law Enforcement . . . . . . . . . . . . . . 1

    California Peace Officers’ Memorial Foundation . . . Know Your Rights When Contacted by ICIB . . . . . .

    Paycheck Deception is Back! . . . . . . . . . . . . . . 1

    LASD Professional Staff Day. . . . . . . . . . . . . . . 1

    Use of Company Computers and Privacy Rights. . . . 1

    Lobster Fest: ELA Station Reunion . . . . . . . . . . . 2

    W   I   N  

    $   5   0   0  

    S   e  e   P   a   g  e   1  8   

    BOARD OF DIRECTORS

    BRIAN MORIGUCHI, PresidentJIM CRONIN, Vice President

    JIM BLANKENSHIP, SecretaryROGELIO MALDONADO, Treasurer

    DIRECTORS

    188 E. Arrow HighwaySan Dimas, CA 91773

    (323) 261-3010 | (800) 747-PPOAFax (909) 480-3011

    (e-mail) [email protected](web page) www.ppoa.com

    POPA Federal Credit Union

    (800) 369-7672 | www.popafcu.org

    DANYA HAZENTONY ROMOTAB RHODES ART REDDY

    DAVID VIDALGERARDO GARCIA 

    JIM SCHALLERT

     ASSOCIATIONSChairman MORIGUCHI

    DELEGATESChairman CRONIN

    FINANCEChairman MALDONADO

    INSURANCEChairman MORIGUCHI

    LEGISLATIVEChairman REDDY

    MEMBERSHIPChairwoman HAZEN

    612 NEGOTIATIONSChairman MORIGUCHI

    614 NEGOTIATIONSChairman VIDAL

    621 NEGOTIATIONSChairman BLANKENSHIP

    631 NEGOTIATIONSChairman MACHIAN

    632 NEGOTIATIONSChairman KADES

    RETIREE LIAISONChairman REDDY

    2012 STANDING COMMITTEES

    911Media® is a division of Trade News International, Inc.

    Published by 911Media®

    For Advertising call(818) 848-6397

    PPOA Online Store:www.poastore.com

    Connect with“L.A. County PPOA”

    on Facebook

    Star & Shield is the official publication of the Los AngelesCounty Professional Peace Officers Association (PPOA).Opinions expressed by individual board members orcontributing authors in this publication do not necessarilyreflect the opinions of the entire Board.The Board of Directors meets on the second Wednesdayof each month in the PPOA offices at 10:00 a.m.Star & Shield subscription: $12.00

    Executive Editor: Brian Moriguchi

    Follow LAPPOAon Twitter

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    STAR&SHIELD | FEBRUARY 2012

    Well, 2012 certainly started off witha bang. It looks like this year willbe the busiest year for PPOA in ourhistory with pension reform, contract

    negotiations, lawsuits, ballot initiatives and elections, jail drama and federal investigations looming ahead— all this in addition to our day-to-day operationsdefending employees’ rights and challenging badpolicies and procedures. Well, let’s get to it!

    PENSION REFORMWe continue to fight the attacks against

    public employee pensions. Every day, there areseveral articles in local newspapers outlining howpublic pensions are destroying this country andplunging government further and further intodebt. The only thing that will stop the hysteriaand misrepresentation of pensions is an economicrecovery. Since that is not so apparent in our nearfuture, we must gear up for the fight that lies ahead.Our lobbyist, Jim Vogts, attends regular meetingsin Sacramento with Californians for RetirementSecurity, a coalition of organizations to protectpensions and dispel untruths about pensions. Jimand I also attended the third meeting of the Californialegislative committee to address pension issues. Thiscommittee will ultimately propose pension changesto the legislature, and it is critical that our voicesbe heard. Get up-to-date information about ourpension battle at www.LetsTalkPensions.com. This isa great website where you can find the truth aboutpensions. Check out the “Myths & Facts” page for aquick overview.

    CONTRACT NEGOTIATIONS AND LAWSUITSWell, this year, all of our bargaining units will

    see their contracts expire and have to decidewhether to open negotiations. We will leave it atthat so as not to interfere with the strategies of

    negotiations. Suffice it to say that your bargainingcommittees are always looking out for your bestinterests, and I am confident they will make theright decisions.

    This past month, we put an end to a lawsuitfiled against PPOA by former Office of PublicSafety (OPS) officers,  Coker et al. v. County ofLos Angeles et al. (including PPOA). We filed aDemurrer asking the court to dismiss the causeof action against PPOA, as well as a Motion toStrike (anti-SLAPP statute). PPOA prevailed in theMotion to Strike (rendering the Demurrer moot)and was removed as a defendant in the case. The

    OPS “merger” was handled extraordinarilyby PPOA and the OPS negotiating team fobetterment of OPS officers, and we are thathat the court ruled in our favor and endedfrivolous lawsuit.

    BALLOT INITIATIVES AND ELECTIONSAs previously stated in past Star & Shield is

    special interest groups representing big busand certain political agendas are the driving behind attacks against workers and their unWe saw these attacks taken to the extreme in s

    like Ohio, Wisconsin and New Jersey to elimunions altogether. In California, such an awould surely fail. So these special interest grand certain politicians have focused on a sneapproach, hoping to fool Californians at the bbox. One such trickery is an initiative that recqualified for the November ballot: “ProhPolitical Contributions by Payroll DeducProhibitions on Contributions to CandidInitiative Statute.” This ballot initiative is ironreferred to as “Stop Special Interest Money Nby its proponents. This initiative would propayroll deductions for political action activitlabor unions AND corporations. On the suit seems to be a good idea and fair. But one nto dig deeper to understand what is behindinitiative. Ending payroll deductions for unwould be catastrophic as it would be very coscollect money for political action committee (activity through individual solicitation of funmembers. But it applies to corporations too, rYep. Except that corporations DO NOT cpolitical action monies through payroll deduof its employees. Corporations’ political mcome out of their profits and are controlled byexecutives, not their employees. The end resu

    Less money to political activities by union

    the working class and more money for poactivities by big business.Less money to politicians who supporworking class and our pensions and money to politicians who support big butax breaks.

    Regardless of your political party affiliatiopolitical position, you need to be aware thatinitiative is intended to break unions in Califotake away your pensions and benefits and reducrights of employees.

    Brian Moriguchi

    PPOA PresidentLieutenant, LASD

    [email protected]

    It’s time to roll up our

    sleeves and get to

    work. There is a lot to

    work on in 2012!

    2012: Preparing for Battle

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    FEBRUARY 2012 | STAR&SHIELD

    News from Sacramento:Pensions, Politics & Memorials

    E very year in early January, PPOA’spresident, executive director, legislativerepresentative, political action committeechairman and this year vice president

    attend a series of meetings in Sacramento withother law enforcement organizations from acrossthe state. This year, the PPOA representativesattended three major functions:

    The California Coalition of Law EnforcementAssociation (CCLEA) meeting.The CCLEA Legislative Reception, whereapproximately 40 legislators made it a point

    to meet with the California law enforcementunion representatives.The first meeting of the year for the CaliforniaPeace Officers Memorial Foundation (CPOMF).

    All of these January meetings serve as a kick-off to the political and legislative issues thatlaw enforcement unions like PPOA will face inthe upcoming year. I am always struck by thecommitment our various union partners havefor their members and how hard they all workto improve the lives of the law enforcementpersonnel they represent.

    As we expected and have written about manytimes in the past year in these pages, 2012 will bea make-or-break year for most law enforcementunions. We will have to fend off attacks frommany directions on our pensions, our retireehealth care and our ability to continue to beactively involved in the political process bothlocally and on a statewide level. Let me highlightsome of the issues that were at the forefront of theCCLEA meeting.

    CCLEA MEETING ISSUESThe police officers unions in the cities of

    San Diego and San Jose are under major attacksfrom their locally elected officials. Both cities are

    fighting off efforts to reduce their pensions andretiree health care for future and current retirees.In San Diego, the employees’ share of the costs forpension and retiree health care looks like it willreach 40 percent of their paychecks by the endof the year. How many police officers does SanDiego expect to keep when their pension/healthcare costs will be almost half of their total salary?If a deal is not reached, it would appear thatthere may be a “blue flight” from San Diego by anumber of police officers, and those who stay willhave their take-home pay drastically reduced byhaving to pay increased pension/health care costs.

    In San Jose, the situation seems to be worse. In that city, the mayor is attempting ta “fiscal crisis” to destroy the pensions of cuand future retirees. Again, if a deal is not woout by the mayor and the officers’ unionmayor intends to use a new theory in the courework the peace officers’ pensions. If the mis successful, (e.g., if he wins in court) youexpect many other local governments to fothe same path toward weakening peace offpensions by using the “fiscal crisis” exculocal courts.

    San Jose and San Diego are attemptinbreak new ground in restructuring pensionsor making peace officers pay more money otheir pockets for the same benefits. Since Council and Board of Supervisors members information and strategies just like membeCCLEA, then whatever success these politihave in modifying pensions in their citieseasily be exported to other cities and couacross California.

    PPOA, through its membership in CCLEASCALE, will continue to monitor these two and their test cases and provide whatever assiswe can in helping them fight off these challeng

    In addition, PPOA has and will continumonitor pension reform initiatives and penreform legislation introduced in Sacramen2012. Governor Brown has already release12-point pension reform program and numeinitiatives are circulating in attempt to get oballot in November 2012. PPOA will fightchanges adverse to our membership along our union partners throughout California.

    PAYCHECK PROTECTIONAnother major issue discussed at the CC

    meeting in Sacramento was a new “paycheck prote

    initiative” that will  be on the ballot in Nove2012. This new paycheck protection initiative oNovember ballot has a misleading title: “Stop SpInterest Money Now.” Many of you remembewe have fought off this issue twice before in th10 years.

    What is paycheck protection (Stop Special InMoney Now)? It is an initiative to gut the abilPPOA or any other unions in California to be invin the political process. The initiative will stop pdeduction of any dues earmarked for politics.

    Paul K. Roller

    PPOA Executive Director [email protected]

    PPOA will fight any

    changes adverse to

    our membership along

    with our union partners

    throughout California.

    continued on p

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    STAR&SHIELD | FEBRUARY 2012

    Jim Schallert

    PPOA Board MemberSergeant, LASD

     [email protected]

    Instead of being

    rational about what is

    fair and not fair, there

    are initiatives out there

    to either reduce or

    completely eliminate

    pubic pensions or

    defined-benefit

    pensions as a whole.

    It’s scary.

    Like many of you, much of my personal votinghistory was and continues to be dedicatedto a certain political affiliation. My personalbelief system lies more in line with a certain

    group. As to which one, I will just say that I havespent many a weekend browsing the archives ofa certain library in Simi Valley. I consider myselfactive in political matters — my home has been aneighborhood polling place for many years — and Ioften speak with friends and relatives about currentmatters that impact both us as law enforcementprofessionals and community members.

    With all of that said, I must say that in the past, Iwould wonder, as many of you surely have, how ourunions could support measures or candidates thatclearly sit across the aisle from my personal beliefs.In the past year, however, I have been “educated” asto why that sometimes happens. As a Board memberof your union, I need to balance my personal politicalbeliefs with choices that will protect our members.Not only do we fight for laws that keep crooks lockedup for as long as possible, but we fight against anylegislative effort that harms your retirement, salaryor benefits. You all work very, very hard and deservea fair retirement system and benefits. To me, that isparamount. That is what we at PPOA need to arguefor. That is what you elect us to do.

    In the past year, we have all seen the relentlessattack on public pensions. Well, my friends, I believethat attack is going to continue. Unfortunately, most ofthe legislation and initiatives being drafted continueto attack public pensions in general. Those who draftthem don’t seem to care about those of us who riskedour lives for 30 years to keep them safe. They view allpublic pensions as “unfair” or “excessive.” They don’tdifferentiate between the LACERA model — one thatworks and is fair — and some others that have beenlabeled excessive. The shocker to me was that manyof these initiatives have been drafted by the side of the

    aisle I have supported my entire adult life. It made nosense to me that many of those with whom I agree onso many issues could have the opinion that cops andfiremen don’t deserve a fair pension system.

    Instead of being rational about what is fair andnot fair, there are initiatives out there to either reduceor completely eliminate pubic pensions or defined-benefit pensions as a whole. It’s scary. Many billsand initiatives are masked as something that myright-brained self would think makes sense, but uponcloser reading, opens the door for future attacks onour pensions. Again, it’s scary. While these politiciansmay somehow believe they are doing the right thing,

    it would surely be nice if that group as a wstood up and said, “Leave the cops and firalone.” Let’s hope common sense kicks in, andlook at the LACERA model as the solution, noproblem. I speculate that if the LACERA modeused statewide, the legislator who initiated the would be considered a hero by the vast majoriBOTH sides of the aisle.

    PPOA uses your PAC money to fight for things. Both PPOA and ALADS have a strong in Sacramento, thanks to the PAC. Withoufunding, we wouldn’t be able to have your v

    heard by people who will protect your pensionbenefits. I will tell you, it is the difference betbeing represented and being silent to many of lawmakers. With PAC, they know what we suand what we don’t. They hear your concerns firstI won’t dwell too much on it, but I will say thatpension protection being our top priority at PPencourage you to read the entire text of any bil vote for, with the mindset of how it can impactpension. Our job as a union is to be your voice. Tthe way it works. You elect us to do the researchsupport the right actions. On the flip side, I hoof you understand that we are doing exactly thaare constantly researching and supporting the tthat will protect pensions, salaries and benefitsmay see PPOA support some issues or candover the next year and scratch your head. If yo just ask us why. I am always open to any quemembers have.

    REGARDING PROMOTIONSSince I last mentioned the promotion pr

    in my article a couple months ago, I have asked several times about it. We at PPOAdedicated to fighting for a fair promotprocess — to sergeant (as ALADS shouland I believe is) and lieutenant and even ca

    and commander. While the sergeant promotprocess was developed in response to the Boulawsuit, it is no longer subject to the fecourt monitor. This also means it is no loprotected by that suit (i.e., promotions at a ceset percentage of any gender, ethnicity, etcillegal). All of the promotional processes shprovide fair opportunities for all, irrespectiany personal relationships or affiliations. Whiat PPOA understand “executive privilege,” meapromotions based upon the genuine needs o

    Politics: Not Always asThey Appear 

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    FEBRUARY 2012 | STAR&SHIELD

    The Latest from Custody 

    We have a long way

    to go, but don’t think

    it is over.

    First of all, I’m sure you all received thee-mail sent by the Sheriff ’s Department.It basically asked custody assistants if wewanted to be custody deputies amongst

    other questions. That e-mail should not have beensent. It was a prime example of how things aredone without going through the proper channels.PPOA did not approve of the e-mail — in fact, theunion was never consulted. As expected, the e-mailwas pulled very quickly.

    The Sheriff ’s Department has been trying to stopthe slow bleed that we are experiencing. C/As could

    be one of the big solutions, but there seems to beno acknowledgement of that fact. Let’s look at someof the factors that would allow us to save money,change the dynamics in custody (lowering forceuse) and enable deputies to go to patrol or expandtheir careers in the many directions available tothem. We already know that C/As are saving theDepartment millions. The dynamics are easy. Lookat the force issues created by C/As versus deputies. Itreally is an eye opener. It is not because C/As are notcapable; we were just trained differently. If a video

    was taken in custody, you would see that C/Aworking side-by-side with deputies.

    A task force has been set up of about Department members (all sworn) to comwith ideas to completely change custody. NI referenced “sworn.” What would be wrongasking a couple of C/As (or even one!) for perspective? The e-mail I mentioned was so that they could try to figure how many owould be interested in becoming a custody deNow, about the only thing C/As have at this is seniority. If you want to be a custody deputy

    have to apply like everyone else. The way it now is that you will lose your C/A seniorityhave to go through the whole process of bedeputy. No promise of a job if you don’t make itthat what happened to the OPS people?

    We have a long way to go, but don’t thinkover. I have just tried to give you something to about. We should not have to go through academy. We are doing the work.

    Remember, it is important to stand togunited and strong — one for all and all for one

    Danya Hazen

    PPOA Board MemberCustody Assistant, LASD

    [email protected]

    PPOA’s Charitable Foundation plans to host a handful of excitinevents this year, and we would be honored to have you join us aa volunteer, entrant or simply a supporter. All funds raised wibenefit those truly in need, including families of fallen officersAnnouncements for the events below will be published in futurissues of Star & Shield . Please let us know if you would like thelp the Foundation plan any of these worthy causes by callin

    (323) 261-3010.

    2012 Professional Peace Officers

    Charitable Foundation Events

    The Professional Peace Officers Charitable Foundation is a 501(c)(3)charity organization. Tax ID #95-4752410.

    • Poker Tournament

    • Motorcycle Ride

    • Food Truck Rally

    • Fitness Challeng

    • Cigar Night

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    STAR&SHIELD | FEBRUARY 2012

    Browsing, Shooting andTransferring

    Good afternoon, Sheriff ’s personnel.How are you all doing so far? Hopefullywell. It’s been a few months into theyear, so how are you coming along with

    your yearly promises? Good luck! Some of you aretraining for Baker-to-Vegas, and some of you are just training for the enjoyment of it. Great job.Hope to see all of you while you’re out in Vegasor on the run. Good luck to all of you: runners,support staff and fundraiser participants.

    By now, most of you know that PPOA maintainsa Facebook page. Make sure to check it out. There

    is a direct l ink on PPOA’s website (www.ppoa.com).On that note, I have received e-mails f rom peoplewho wonder whether it’s true that whatever youopen on a Sheriff’s Department computer can beseen (and saved) by proper Sheriff’s personnel.I just want to remind you that any passwordsand pages you browse on work computers areaccessible by supervisors, so make sure not tosend anything inappropriate. That will only leadto trouble.

    How many of you have gone to BiscaluzShooting Range to improve your score and addfunds to your paycheck? Make sure to stop by andtake advantage.

    A reminder for those of you interestemoving within the Department: Make suput in your transfer request. As openings cup, you will get notified. I know some ofhave expressed interest in trying sometdifferent. Some of you have also been interin transferring to another location that uses of the tools you were trained in. Be patientyou will get there. Last but not least, some ohave also have been interested in getting cto home. That’s all part of putting in the reqGood luck.

    I hope to see many of you at the Pdelegates meeting on March 6. Make surRSVP. It’s vital to get as many as possible to informed on the happenings in the Departmand statewide. There’s a lot at stake this yeaplease be aware of what can affect you.

    Please make every effort to attend the POfficer’s Memorial Ceremony at STARS Cthis year. You should also try to attendceremony in Sacramento at least once in career. Both events are very memorable.

    As I always say: Stay safe, and look out forpartners. The goal is always to go home at theof your shift. Scan and breathe …

    Gerry Garcia

    PPOA Board MemberSecurity Officer, LASD [email protected]

    Please make every effort

    to attend the Peace

    Officer’s Memorial

    Ceremony at STARS

    Center this year. You

    should also try toattend the ceremony

    in Sacramento at least

    once in your career.

    Discount Tickets, Address Updates,Non-Job-Related Legal Consultation:

    Call Violet Perez

    Disability, Insurance Benefits:Call Norma Gomez

    Membership, Dues Deductions:Call Clare Franco

    Job-Related Labor Representation:Call Teresa Machado

    Free Notary Services:Call Maricela Villegas

    Star & Shield , PPOA.com,

    Social Media:Call Greg Torres

    (323) 261-3010

    Whom to Call at PPOA...

    Board and FoundationInquiries, Political Action:

    Call Sandi Bryant

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    639 E. Foothill Blvd., Suite A 

    San Dimas, CA 91773

    (909) 599-2029

    22062 Ventura Blvd.

    Woodland Hills, CA 91364

    (818) 676-1485

    Maher Al-Bouz, D.D.S.

    Delta, Anthem Blue Cross and Most Insurance Plans Accepted.

    *Special pricing for all services not covered under insurance.

    Financing Available

    www.clddentistry.com

    General and

    Cosmetic Dentistry

    In Honor of the Men and Women Who

    Serve and Protect our Cities

    HAPPY TO ANNOUNCE

    THE GRAND OPENING

    OF THE TREATMENT

    CENTER FOR

    SNORING,

    SLEEP APNEA

     AND TMJ!

  • 8/17/2019 StarShield Feb v18

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    0 STAR&SHIELD | FEBRUARY 2012

    PPOA Insurance Agency to Provide CompleteProtection and Peace of Mind

    By Eddie Holmes, PPOA Insurance Agency Manager

    As we stated a couple of months ago, PPOA is proud to announce

    that we will be offering a completely new way for PPOA membersto purchase insurance. There will be two services available for you.One will be available when we make a work site visit, and the other

    will be for those of you seeking a more comprehensive evaluation.

    WORK SITE VISITSOur insurance enrollers will visit County facilities to discuss products

    nd services with PPOA members. In an effort to minimize the timepent in these meetings, only the work site insurance programs will be

    discussed. This will include the disability insurance, accident insurance,ancer insurance, critical illness insurance, hospital indemnity insurancend long-term care programs. A concise review of your insurance needs

    will be assessed, and a solution will be offered when appropriate. This

    hould take no more than 15 minutes.If you would like to do an in-depth review of your home ownersnsurance, car insurance, life insurance or other insurance programs,

    we can meet at the PPOA insurance offices or at a time and location

    convenient for you. This is covered under the comprehen

    evaluation service.

    COMPREHENSIVE EVALUATIONPPOA is proud to offer an in-depth insurance planning service. W

    have an initial meeting at a time and location convenient to you to dithe various insurance programs you have. If it appears that your need cacared for at the initial meeting, we will do so. We anticipate this to takminutes, depending on the scope of the meeting. The amount of time sat this meeting will depend on the amount of information needed to maaccurate analysis of your insurance needs.

    However, if you need a complete insurance analysis, we will genecessary information and provide you with the solution at a second meeThis way, you will not have to spend a large amount of time in one me

    discussing insurance programs. We will prepare a written insurance anand provide you with options to meet your needs at the subsequent meetIf you are interested in meeting with one of our agents, please feel fr

    call us at (909) 599-8627.

    Dodger Stadium to Host PPOA’sFirst Delegates Meeting of 201

    Tuesday, March 6th, 5:00 p.m.

    Dodger Stadium Club

    1000 Elysian Park Avenue, Los Angeles

    RSVP no later than February 24, 2012

    (323) 261-3010

    Topics include jails, insurance,pensions and more.

     J   u a n O c  a m p o /  L  .A  . D  o d  g er 

     s 

    PPOA $1,000Team Weight Loss

    ChallengeMy 1-Jun 5

    Rsr on or bfor Mrch 14,$40 pr prson

    Rsr fr Mrch 14,$50 pr prson

    Dls www.ppoa.com Conc: [email protected]

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    FEBRUARY 2012 | STAR&SHIELD

    Supporting Law Enforcement

    As the speaker pro tempore and a member of the speaker’sleadership team, I am proud to stand up for Californians as

    I continue my work with law enforcement, district attorneysand advocates to assist victims of violent crime and keep our

    ommunities safe. When I was first elected to the Assembly, I was appointed to serve on the

    ublic Safety Committee when the pressure of the overcrowding crisis wasmounting and the federally appointed receiver to address prison medicalare was serving his second year. I have told my colleagues that it was one ofhe most challenging and heart-wrenching committees to sit on, but it waslso one of my favorites. As I heard and prepared myself to vote for each bill,relied on law enforcement to share their stories on the ground and provideery important insight into the evolving nature of certain crimes and howfficers on the line would be impacted on a day-to-day basis, especiallyuring these fiscal times.

     Fast forward the clock three years, where we are in the wake of the Plata/Coleman Decision and Governor Brown’s realignment plan. My colleaguesnd I continue to try to ensure that new crimes don’t go unaddressed,specially when the state continues to grapple with how to best protect theublic with fewer state resources and prepare our local jails with state inmates.

    The events you witness and the stories you hear make my job easier, so thankou for all of your service.

      I also want to share a little bit about some of the recent work I haveeen doing in Sacramento. As chair of the Select Committee on Domestic

    Violence, I have been focusing on important issues relating to domesticiolence by conducting hearings throughout the state to further examine

    what the Legislature can do to prevent incidents and protect victims. Myope is that the work of this committee will not only lead to new legislative

    deas, but also raise public awareness surrounding this very important issue.That’s why I’m so proud of my awards: 2008 Outstanding Legislator from theCalifornia State Sheriff ’s Association; 2008 Legislator of the Year from CrimeVictims United; and 2010 Legislative Champion from California Partnershipo End Domestic Violence.

     This year, I worked with the law enforcement community toimportant measures to promote public safety. With your tremen

    support, Governor Brown signed some of my most important billsyear to keep our streets safer.

      In response to the growing number of drug-related teen deatall-night dance parties and raves in California, I introduced ABwhich helps to prevent raves from harboring drug use and distribuby giving local government and law enforcement the tools for effepublic safety through risk assessments and action plans.

     In 2009, UCLA conducted a study where 20% of young adults able to override the system by scanning other items and/or swcredit cards. AB 183 requires that all alcohol purchases be done a face-to-face transaction to ensure proper identification and presale to minors and the intoxicated. AB 183 at least puts alcohopar with spray paint, cigarettes and prescription medication simp

    requiring that alcohol be purchased through a sales clerk and noself-checkout machine.

      Thank you for continuing to work with me on issues in community. If you see a problem that needs to be fixed or want fuaction on an area to promote public safety in your communencourage you contact me in my Capitol office.

    40 -70% Discount toAll Law Enforcement

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    active LASD Reserve Deputy Billy

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    Global RingsJ E W E L R Y

    By Fiona Ma, Speaker Pro Tempore, California State Assembly

    2012 LASD Retiree Roundup

    April 1-4, 2012

    Riverside Resort and CasinoLaughlin, Nevada

    Prizes, raffles, slot tourney, golf tourney,poker tourney, bowling tourney, station

    reunions, qualification range, RV parking

    Stop by the PPOA table for a free gift!For more information,

    visit www.lasdretired.org or contact retiredSergeant Moon Mullen

    at (928) 776-0639.

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    2 STAR&SHIELD | FEBRUARY 2012

    Retiree Eventsetired Marshals Lunch

    March 7, 2012lephant Bar, Downey

    ASD Retiree Roundup

    April 1-4, 2012iverside Resort & Casino, Laughlin

    29 per personnfo: (928) 776-0639 or www.lasdretired.org

    etired Marshals Lunch

    April 4Northwoods Inn, La Mirada

    ADA Investigators Reunion

    April 18-19, 2012un Coast Hotel & Casino, Las Vegasnfo: Hershel Aron, [email protected] 

    etired Marshals Lunch

    May 2Yang Chow, Pasadena

    ormer L.A. Deputy Sheriffs in Texas Annual Luncheon May 19, 2012hriefer Residence, Katy, Texasnfo: Dan Castillo, [email protected]

    akewood ROMEOs Luncheons

    econd Monday of each month

    os Angeles Retired Deputy Sheriffs (LARDS)

    econd Monday of each monthella Italia Restaurant, San Gabriel (across from Northwoods Inn)1:30 a.m./$10.00

    Wuzz Fuzz/Victor Valley

    econd Tuesday of each monthHometown Buffet, Victorville:30 a.m.

    etired D.A. Investigators Lunch

    irst Wednesday of each monthrantone’s, 10808 Alondra Boulevard, Cerritos1:00 a.m.nfo: Wes English, (714) 962-5862

    nland Empire Old Guysirst Wednesday of each month.C. Café, Rancho Cucamonga1:30 a.m.nfo: Dock Parnell, (909) 981-6217

    .A. County Retired Deputies

    irst Wednesday of each montharrows, Hesperia1:00 a.m.

    Desert Heat Lunch

    Second Wednesday of each monthElks Club, Lake Havasu

    The Motherlode Loafers

    Second Wednesday of each monthLocation varies among Grass Valley restaurants

    Info: [email protected] 

    Retired Deputies in Las Vegas

    Third Wednesday of each monthBlue Ox Tavern on Sahara12:00 p.m.Info: Tony Silas, (702) 251-8088

    Compton Alumni Association

    Third Wednesday of each monthCrystal Hotel & Casino12:00 p.m.

    Santa Clarita Area Retired Sheriff’sPersonnel Quarterly Luncheon

    Second Thursday in February, May, August and NovemberTournament Players Club restaurant, Valencia11:30 a.m.Info: [email protected]

    Firestone Station Retirees Lunch

    (Others welcome, too)

    Fourth Thursday of each month11:00 a.m.Maggie’s Pub, Santa Fe SpringsInfo: [email protected] or Jack at [email protected]

    Antelope Valley Retirees

    Last Friday of every monthCarrows on Avenue K, Lancaster7:00 a.m.Info: Carlos Valdez, (661) 943-0125 or [email protected]

    Fuzz That Wuzz/Central California

    Occasional reunion for LASD retireesInfo: Walt Scheuerell, (559) 683-6320 or [email protected]

    Northern Sierra Retirees

    Occasional reunion for LASD retireesInfo: Drake Robles, [email protected] 

    Deputies-On-The-Go Travel Group

    Info: Pete Moreno, (909) 941-4416 or [email protected]

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    FEBRUARY 2012 | STAR&SHIELD

    Commander Dennis Conte

    February 23, 2012 Almansor Court, Alhambra

    11:00 a.m./$35

    Contact: Lieutenant Johnson, (626) 296-2102

    Sergeant Ruben Gracia

    February 25, 2012

     Yorba Linda Community Center 

    6:00 p.m./$35

    Contact: Sergeant Romo, (714) 686-2296

    Custody Assistant Felipe Vazquez

    February 25, 2012Quiet Cannon, Montebello

    6:00 p.m./$42

    Contact: Lorraine Vazquez, (213) 893-5828

    Lieutenant Craig Boyett

    March 16, 2012

    Industry Hills Expo Center 

    $35

    Contact: Mike Alerich, (909) 518-9009

    Sergeant Steve Paul

    March 29, 2012Holiday Inn, Long Beach Airport

    5:00 p.m./$25

    Contact: Sergeant Hutak, (562) 925-012

    Retirement Parties

    This year, you will see many ballot initiatives that impact public employees.Don’t be fooled by their play on words and fancy terminology. Read betweenhe lines and BEWARE of the true intent and consequences of these initiatives.

    This being an election year, PPOA will be actively working to ensure thatur elected officials at the local and state levels place public safety as their top

    priority. In addition to their support of public safety, these elected officialsmust support public employee pensions and recognize that public employeeseceive REASONABLE compensation for the work they do. PPOA has an

    xhaustive process before they provide their support and endorsement of anyandidate. Check out PPOA’s website as we get closer to election day to find out

    which candidates support your needs and will fight to protect your pensions.

    AIL DRAMA AND FEDERAL INVESTIGATIONSIn September 2011, the ACLU issued a scathing report about excessive

    uses of force in the Los Angeles County jails, specifically Men’s Centralail. This report claimed that deputies regularly beat inmates andeferenced a group of deputies known as the “3000 Boys” who work onhe third floor and have “3000” tattooed on their upper backs. The reportlso described allegations of corruption uncovered by an FBI informant.

    That is when the “blame game” began. Sheriff Baca went on the offensivend blamed the FBI for conducting an investigation of the jails without

    his knowledge. The Los Angeles Times  blamed Sheriff Baca for notproperly managing the jails. Some Los Angeles County supervisorslamed the allowance of flashlights in the jails as the problem. Some puthe blame on the LASD supervisors, claiming a lack of supervision of the

    deputies. Some blamed the lowering of the hiring standards a few yearsgo when the Sheriff ’s Department hired 1,000 deputies in a single year.

    So who is to blame? Is it the deputies (keep in mind that it is a smallpercentage of deputies accused of excessive force)? Is it the sergeants andieutenants who are so bogged down with paperwork that they are unableo directly supervise the deputies? Is it management and Departmentxecutives who encouraged the use of force even after being told about ity supervisors and managers working jail facilities? I don’t really knowhe answer. What I do know is that the vast majority of sergeants andieutenants in our jails are hard-working supervisors who do their best

    with limited resources and support. They are forced to do more with lessnd put in more hours without paid overtime. Some have been forced to

    work the jails by unscrupulous Department executives who enjoy usingail assignments as a form of punishment. The supervisors are not tolame. The fact that there are not enough supervisors is the problem.

    The fact that the supervisors are often prevented from doing their jobs by

    overzealous executives is the problem. The use of the jails as a dumground for those “not in the car” is the problem. The fact that worthe jails is looked at as lost time for one’s career and is therefore avoby most is the problem.

    And what about the deputies? Are they to blame? Certainlydeputies who did, in fact, use excessive force are to blame. But themajority of deputies are good, hard-working deputies. Maybe the mahiring push a few years ago allowed some individuals (who shouldhave been hired as deputies) to slip through the cracks. Maybe keenewly hired young deputies far too long in the jails is to blame. Mencouraging deputy cliques and getting “gang-like” tattoos is part o

    problem. Maybe it’s lack of training. Maybe it’s a systemic problemhas been around for decades. Maybe it’s the fact that inmates are vipeople and controlling violent people is difficult to do without the uforce, albeit a reasonable use of force.

    I don’t know the answer, but certainly pointing fingers isn’solution. Neither is jumping to conclusions or trying to appeasACLU or avoid a federal consent decree by implementing chawithout thinking things through or truly analyzing the situation.Sheriff ’s Department needs to slow down and take a deep breath b jumping in the proverbial deep end. To overreact will only lead to problems. The focus should be less on who is to blame and moridentifying problems and finding solutions. Doing it right is far bthan doing it fast. We are hopeful Sheriff Baca does not succum

    outside pressures and will take the time to analyze all his optioensure it is done right.

    It’s time to roll up our sleeves and get to work. There is a lot to worin 2012!

    Moriguchi

    ontinued from page 4

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    4 STAR&SHIELD | FEBRUARY 2012

    CALIFORNIA STATE INCOME TAXCHECK-OFF” PROGRAM

    In 1999, Governor Gray Davis, in anovert expression of support for ourpeace officer heroes and their survivingfamilies, signed into law Senate Bill 1230

    uthored by Senator John Burton. Thisaw allows taxpayers to make voluntaryontributions on their personal state incomeax returns to the California Peace Officers’

    Memorial Foundation (CPOMF). Therocess is simple. When completing your

    California Resident Income Tax Return,nter a dollar amount under “California Peace Officers’ Memorial Fund”n the “Contributions” section of your tax form. Importantly, the law

    pecifies that all contributions must be used to maintain the Californiaeace Officers’ Memorial and for activities in support of the survivingamilies of those gallant men and women peace officers who have madehe ultimate sacrifice. The more than 100,000 professional peace officerserving you in California urge your support and participation in this

    most worthwhile project. We appreciate your support!

    OTTERY TEAMS UP WITH PEACE OFFICERS’ MEMORIALOUNDATION ON SCRATCHERS TICKET

    The California Lottery and CPOMF have joined forces to createScratchers ticket that pays tribute to peace officers and assists the

    amilies of their fallen colleagues. “We are pleased to team up with the foundation to support the families left

    ehind by peace officers who have made the ultimate sacrifice for our state,”aid Lottery Director Joan Borucki. “Customers can help support the work ofhe foundation by buying the ticket.”

     Part of the proceeds from the Scratchers ticket, up to $300,000, will go to

    support the foundation. That payment is a licensing fee that will not intewith the amount of money that the Lottery pays out to education.

     The partnership is a win-win situation, according to the CPOMF Bof Directors. Not only does it support two great causes, but it also remCalifornians of the commitment peace officers make day in and day out.

     The ticket costs $2 and will appear at more than 20,000 retail locastatewide.

     More than 95 cents of every Lottery dollar is returned to the commin the form of contributions to education, prizes and retail commissionsCalifornia Lottery contributes at least 34 cents of every dollar that players on Lottery products to public education and returns more than 50 percesales to players in the form of prizes. Since its inception in 1985, the Lottercontributed nearly $21 billion to California schools out of total sales of than $56 billion. Retailers benefit too, earning $3.6 billion in compenssince 1985.

    CPOMF is a non-profit, charitable foundation whose mission recognize and honor California’s peace offers who gave their lives “ILine of Duty” serving the citizens of this great state and provide suppthe families left behind.

    California Peace Officers’ Memorial Foundation

    Officer Thomas AdamsCHP — Garberville EOW: Febrary 15, 2011

    Officer Jermaine A. GibsonCathedral City Police Dept. EOW: March 18, 2011

    Officer Andrew GartonHawthorne Police Dept. EOW: May 26, 2011

    Officer Ryan StringerAlhambra Police Dept. EOW: July 10, 2011

    Officer Daniel R. AckermanBuena Park Police Dept. EOW: July 30, 2011

    Officer Jeremy HenwoodSan Diego Police Dept. EOW: August 7, 2011

    Officer James CapootVallejo Police Dept. EOW: November 17, 2011

    Officer Anthony A. GiniewiczSignal Hill Police Dept. EOW: December 7, 2011

     2011 In the Line of Duty

    CALIFORNIA PEACE OFFICERS’ MEMORIAL CEREMONYMAY 6-7, 2012

    10th Street and Capitol Mall, Sacramento, California

    California Resident Income Tax Return 2011FORM

    540

    CA Seniors Special Fund (see page 60) ..................................... • 50Alzheimer’s Disease/Related Disorders Fund .............................. • 51CA Fund for Senior Citizens ....................................................... • 52Rare and Endangered Species Preservation Program .................• 53State Children’s Trust Fund for the Prevention of Child Abuse .... • 54CA Breast Cancer Research Fund .............................................. • 55

    CA Firefighters’ Memorial Fund ..............................• 56Emergency Food Assistance Program Fund .............• 57CA Peace Officer Memorial Foundation Fund .........• 58CA Military Family Relief Fund ................................• 59CA Sea Otter Fund ..................................................

    61 Add line 50 through line 60. These are your total contributions...............................................................................................................61    C

       o   n   t   r   i   b  u   t   i   o   n   s

    000000000000

    ✔CA Peace Ofcer Memorial Foundation Fund ................................. $10.00

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    FEBRUARY 2012 | STAR&SHIELD

    I’ve received several calls from members over the last couple of monthsregarding the Internal Criminal Investigation Bureau (ICIB), and it's time to

    review your rights. Please remember that you are entitled to representation.Should you be ordered by your captain to go to ICIB or Internal Affairs

    ureau (IAB) on the same day, contact PPOA immediately (PPOA has a4-hour answering service that will connect you with representation shouldur offices be closed).

    Once you arrive at ICIB, invoke your right to representation. You do notave to interview with them, no matter how they try to bait you into it. Inne particular situation, an employee was ordered to ICIB by her captain,nd she contacted PPOA on her way into their offices. When she arrived,he first question asked of her was, “Why did you call an attorney?” Then,efore she knew what hit her, they proceeded to intimidate her into makingtatements. She was told she looked nervous and basically was threatened

    with the possibility of termination by the time she decided to end their line of

    uestioning. She was then sent back to the captain’s office and relieved of duty.Although the member had done nothing wrong, she made the mistakef attempting to explain to this group why she had done nothing wrong. Theeality is that you do not have to speak with ICIB without representation,specially if you are the “subject” of an investigation. You only have to speak

    with IAB, and if you are being interviewed as a “subject” or a “witnesswith subject rights,” you are entitled to representation. IAB will inform

    you that you have these rights. Further, they do not normally just up at your door (whether at home or at work), but if they do, you

    the right to be represented before making any statements.It is also important to clarify when contacted by ICIB whether yo

    a witness or a subject and whether you are being ordered to participathe interview or if your statements are considered “voluntary.” Whdoubt, contact PPOA for assistance whenever you come into contactICIB investigators.

    I’ve also come across numerous members who go to these intervwithout representation because they don’t understand that it is impoto have your union representative with you, whether or not you’ve anything wrong. Representation on disciplinary matters is one obiggest responsibilities as a union. Our presence at these intervieto ensure that your rights are not violated and that you are not bharassed or intimidated during the interview process. Further,

    allows the union an opportunity to prepare for any possible outcDo not put yourself in a situation that you may find difficult to geof by making statements that lead to other statements that lead to statements — without representation — even if you’re absolutelythat you’ve done nothing incorrectly or wrong. PPOA is here to you. I can be reached just about any time if you need representatiocalling (323) 261-3010.

    By Teresa Machado, PPOA Intake Representative

    Know Your Rights When Contacted by ICIB

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    6 STAR&SHIELD | FEBRUARY 2012

    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.

     January 20: LASD Deputies Arrest Man, Take 12-Year Old Girl Into Protective Custody Following Statewide Search

     January 20: Retired LA Deputy Helps Cops Use Paintball to Learn Ambush Skills

     January 20: Suspect Rams LASD Patrol Car After Shots Fired Near School; Parolee Arrested

     January 20: Deputies Arrest Three Following Home Invasion Robbery

     January 20: After $350 Million, Law Enforcement Wireless Network Success Still ‘Doubtful’

     January 20: Man Falsely Claims He Was Shot by LASD Deputies

     January 20: Public Employees Hit Back in Pension Fight

     January 20: Deputies Bust Meth Lab in Lancaster Apartment

     January 19: Retired LASD Sergeant to Discuss Drugs and Crime in TV Series

     January 19: ‘Pot Smoking Sanctuary’ Sparks More Patrols from LASD

     January 19: Deputies Arrest NBA Assistant Coach in Marina del Rey

     January 19: LA City Council Welcomes Another Police Officer

     January 19: LASD Gang Detectives Solve Shooting of Three Women in Florence

     January 19: One California Public Pension Initiative Dies; More Face Looming Deadlines

     January 19: LBPD, LASD and D.A.’s Office Team Up in 2008 Homeless Murders Case

     January 18: Compton City Council Debates LASD Reduction

     January 18: Sheriff Baca Seeks More Funds for New Hires

    Don’t let the name fool you — the “Stop Special Interest MoneyNow Act” set to appear on the November 2012 ballot is just

    another deceptive effort to manipulate voters and silence the voices of California’s working families. The wealthy backers of this

    nitiative claim that this will curtail political contributions from both unionsnd corporations, but we all know that corporations don’t collect politicalontributions through payroll deduction. While this may prevent corporationsrom giving directly to candidates, they could spend freely   on independentampaigns and initiatives. And big business has always spent far more onnitiatives and independent campaigns than on direct candidate donations.

    This is simply an effort to silence unions. They tried it in 1998 and

    failed. They tried again in 2005 and failed. Let’s call a third strike anan end to this deceptive attack on California’s working class.

    THE FACTS• This initiative has nothing to do with “special interests.”• It’s a sham backed by billionaires and CEOs who want to contro

    state without any opposition from working people.• It takes away our right to make a voluntary paycheck dedu

    contribution to our union’s political action fund.• It allows corporations to use their mega-profits to contribute as m

    as they want to politicians who will do whatever they demand.

    Paycheck Deception is Back!

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    LASDProfessionalStaff Day

    P h  o t   o s  c  o ur 

     t   e s   y  of    G r  e gT  or r  e s 

    Hosted by

    County Services Bureau

    Event held at Rancho

    Los Amigos, Downey

    FEBRUARY 2012 | STAR&SHIELD

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    8 STAR&SHIELD | FEBRUARY 2012

    Cash is great, but our giveaways aren’tthe only reasons to read Star & Shield.

    • Contract negotiations

    • Benet changes

    • Retirement considerations

    Each issue gives you the latest information on

    • Hot topics on the job

    • Association news

    • Upcoming events

    StarShieldFive $100 prizesMembers who nd 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 ve $100 prizes.

    The hidden symbol is: j

    Here Are ReasonsWhy It Pays to Read500

    This giveaway is open to PPOA members only. You must be 18 or older to win.

    As I have discussed in the last two issues of Star & Shield , PPOA haseen very effective in using political action money to help elect politicians

    who will protect your wages, hours, benefits and working conditions andght off initiatives designed to hurt your salary and benefits.

    In addition, four out of five Los Angeles County Board of Supervisorsmembers will be termed out in the next four years. New supervisors will

    e elected in their place. PPOA expects to play a major role in helpinglect those new supervisors. If this new paycheck protection initiative

    Stop Special Interest Money Now) passes, PPOA will no longer be ableo be involved in electing politicians at any level, including the L.A.

    County Board of Supervisors.In the 1990s, we fought off this same initiative, then-called

    roposition 226. In the 2000s, we fought off Governor Schwarzenegger’sroposition 75. Both Propositions 75 and 226 were designed to gutublic safety unions’ political power by cutting off any deductions fromheir members for political action. This new proposition is the thirdime we have fought off this issue in the last 10 years. Basically, it is

    poison pill for all California labor unions — both private industrynions and public unions like PPOA. If we can’t elect statewide officials,tate senators, state assembly members and local Board of Supervisors

    members, we will lose one of the major methods in which we are able to

    maintain wages, hours, benefits and terms of conditions of employment.This new paycheck protection initiative will be the most importantight we undertake in 2012. If we lose, you can expect more politicalttacks on our pensions and our retiree health care without the abilityor PPOA to weigh in against those initiatives because the money wese to fight will be lost forever. As we approach the November elections,

    we will ask you to help us defeat this initiative. Please help educate

    yourselves, your family and your friends so that unions like PPOAcontinue to effectively fight for your future.

    CALIFORNIA PEACE OFFICERS’ MEMORIALFOUNDATION NEWS 

    As most of you know, the CPOMF runs the California state memto fallen peace officers in Sacramento and provides financial assisto families who have endured a loved one killed in the line of PPOA was an original member of the Foundation, and throughyears many of our Board members have been actively involved imemorial. PPOA members James Vogts and Al LeBas were two o

    original commissioners. This year, PPOA President Brian Morigand Vice President Jim Cronin are act ively involved in the Founda

    This is a charitable foundation that takes on a cause that warransupport and attention. This year, there are two ways for line officereveryday citizens to help support CPOMF.

    Later this year, a new CPOMF Scratchers lottery ticket wavailable for purchase. When they become available, please attto give them as gifts whenever possible since all proceeddirectly to CPOMF.Also this year, California law allows taxpayers to make tax dedudonations from their personal taxes to CPOMF. When fillinyour tax forms, all you have to do is place a donation on Line California Tax Form 540 (see page 14). No matter how large or s

    all contributions go directly to CPOMF. Please help if you can.The items mentioned above are just a few issues PPOA discu

    with our law enforcement partners in Sacramento. As always, wekeep you informed of any changes or additional concerns that demyour attention. Please remember that your dues and your poldonations help make PPOA strong. We use that strength to protectrights, your salaries, your benefits and your future.

    Roller

    ontinued from page 5

    1.

    2.

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    FEBRUARY 2012 | STAR&SHIELD

    This article examines a case of first impression in California, Holmesv. Petrovich, which holds that e-mails sent from a work e-mail

    account on a company computer do not constitute confidentialcommunications for purposes of the attorney-client privilege.

    HE ATTORNEY-CLIENT PRIVILEGEEvidence Code § 954  states in relevant part: “[s]ubject to Section 912

    nd except as otherwise provided in this article, the client, whether or notparty, has a privilege to refuse to disclose, and to prevent another fromisclosing, a confidential communication between client and lawyer …”

    Evidence Code § 952 provides that a “confidential communicationetween client and lawyer” is “information transmitted between a clientnd his lawyer in the course of that relationship and in confidence bymeans which, as far as the client is aware, discloses the information

    o no third persons others than those who are present to further the

    nterest of the client …”

    ECENT DECISIONIn Holmes v. Petrovich Development Co. LLC  (Cal. Ct. App. Jan. 13,

    011), a female employee sued her employer for sexual harassmentnd violation of the right to privacy, among other things. The plaintiffelt she was harassed and retaliated against after disclosing one monthfter her hire date that she was pregnant and would need time offor maternity leave. Shortly thereafter, plaintiff resigned, but prioro her departure, plaintiff exchanged e-mails with her attorney oner company e-mail account using her company computer regardingossible legal action against the defendants.

    The defendants’ employee handbook, which the plaintiff admittedeading and signing, contained provisions clearly spelling out the policyoncerning use of the company’s technology resources. The handbook

    warned that “employees who use the company’s technology resourccreate or maintain personal information or messages have no right of pr

    with respect to that information or message.”After the plaintiff filed her complaint, the defendants retrieved and

    the e-mails in their motion for summary judgment. Plaintiff objectethe use of the e-mails on the grounds of attorney-client privilege. The crejected the plaintiff’s arguments and determined the plaintiff waivedattorney-client privilege.

    The court held that by using the company’s computer to communicateher lawyer, knowing the communications violated the company’s compolicy and could be discovered by her employer due to the company pof monitoring e-mail usage, plaintiff ’s communications were not mademanner designed to prevent disclosure of the information to anyone than those who are present to further the client’s interest.

    The court explained that an attorney-client communication “doe

    lose its privilege character for the sole reason that it is communicateelectronic means or because persons involved in the delivery, facilitatiostorage of electronic communication may have access to the content ocommunication.” However, the e-mails sent via company computer uthe circumstances of this case were akin to consulting her lawyer inemployer’s conference room, in a loud voice, with the door open, so thareasonable person would expect that their discussion of her complaint aher employer would be overheard.

    Privacy Rights Issue: Any communication on a company-ow

    electronic device may be fair game for the employer to view

    exploit in litigation.

    The court’s holding in Holmes  is justified in part by the factHolmes used her work e-mail account to exchange communicatwith her attorney in direct violation of her company’s comppolicy. But would the court have found a reasonable expectatioprivacy and/or lack of waiver if Holmes had used a personal e-account and/or the company’s computer policy had not clearly waemployees that such communications may be accessed? No, accorto the Holmes court.

    Holmes  suggests that any communication or online activity company-owned electronic device may be fair game for the emplto view and exploit in litigation. The court’s decision could have seimplications for employees who regularly engage in online activon company-issued electronic devices. It appears that the next lostep will be to address the conflict between the employee’s expectaof privacy and the Holmes  concision that ownership of the comptrumps all. Until then, given the uncertainty surrounding the exp

    of the Holmes  application, employees should think twice bcommunicating with their attorneys via any company-owned electrdevice, even from personal password protected e-mail accounts.

    By Muna Busailah, Esq. (Stone Busailah, LLP)

    Use of Company Computers andPrivacy Rights

    Contact PPOAExecutive Board

    Brian Moriguchi, President ([email protected])

    Jim Cronin, Vice President ( [email protected])

    Jim Blankenship, Secretary ( [email protected])

    Rogelio Maldonado, Treasurer ([email protected])

    Directors

    Danya Hazen ([email protected])

    Art Reddy ([email protected])

    Tab Rhodes ([email protected])

    Tony Romo ([email protected])

    Jim Schallert ([email protected])

    David Vidal ([email protected])

    Gerardo Garcia ( [email protected])

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    0 STAR&SHIELD | FEBRUARY 2012

    6th AnnualPeace Ofcer Memorial

    Golf TournamentJune 4, 2012

    Presented by Los Angeles County

    PPOA and the Professional Peace

    Officers Charitable Foundation.

    9:00 a.m.  Registration

     10:30 a.m.  Shotgun Start

     4:00 p.m.  Banquet, Awards, Raffle, Auction

    For more info

    on sponsorship, o

    to register to play

    call PPOA a

    (800) 747-PPOA

     Also, visit us at www.ppoa.com

    Please join us as we honor the sacrifices of

    fallen officers and their loved ones left behind.

     TPC Valencia26550 Heritage View Lane

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    FEBRUARY 2012 | STAR&SHIELD

     

    Irvine and West LA Graduate Campuses

    Ryan Lee

    Officer, Los Angeles Police Department

     Master of Science in Management and Leadership 2009

    Let your inner

    leader emerge.The Master of Science

    in Management and Leadership

    Master the leader in you.

    Our part-time, evening and weekend program for working

    professionals gave Ryan a deeper understanding of his

    own personal leadership style. His goal is to advance to a

    higher managerial level with his newfound confidence.

    Learn more about our program by attending an upcoming

    Information Session close to your work or home.

    West LA Campus: Wednesday, February 22Tuesday, March 13

    bschool.pepperdine.edu

    Department, we believe this privilege should be the occasional exceptionnd not the rule.

    President Moriguchi has already met with the Sheriff and others on thematter, and our work continues to ensure the process is fair for all membersnd legally protects the Department and your tax dollars. The cost of theouman lawsuit, the genesis of which was a perceived unfair promotionalrocess, resulted in tens of millions of tax dollars spent to “right the system,”nd the money continues to be spent related to that suit. I am sure each of us

    ould think of ways to use that money to combat crime, improve jail facilitiesr hire more deputies. None of us wants to see another promotion-related

    awsuit. Let’s make sure the system we use is fair and legal.Please keep the e-mails and calls coming!

    challert

    ontinued from page 6 

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    2 STAR&SHIELD | FEBRUARY 2012

    February 23:LASD HomicideComedy NightSteven's SteakhouseCommerce6:00 p.m.

    March 6:PPOA Delegates MeetingDodger Stadium Club

    April 21-22:Baker-to-VegasChallenge Cup Relay

    May 2-5:California Peace OfficerMemorial Bicycle RideBakersfield to Sacramento

    May 7:California Peace OfficerMemorial CeremonyCapitol Mall, Sacramento

    May 15:National Peace OfficerMemorial CeremonyWashington, D.C.

    June 2:

    Stars & Stripes BBQ/SalsaShowdownJack Bones EquestrianCenter, Castaic

    June 4:PPOA 6th Annual PeaceOfficer Memorial GolfTournament TPC, Valencia(see page 20)

    June 16-23:U.S. Police & Fire

    ChampionshipsSan Diego

    Calendar of Events

    The first PPOA member to identify the two mustachioed

    mystery men in this photo AND where it was taken will

    receive a PPOA prize pack. Call Greg at (323) 261-3010.

    By the way, PPOA’s Facebook fans get first crack at

    our mystery photos online each month! Just one more

    reason to check out www.facebook.com/lappoa.

     Mystery Photo

    Total Dues Paid 2011The following year-end (2011) dues totals are provided to amembers with tax preparation. If you were not a PPOA membfor the entire calendar year, please contact Clare at (323) 261-30Political contributions are not deductible for income tax purposand 8 percent of PPOA dues are used for political contributions

    UNIT CLASSIFICATION FULL MEMBER

    612 Lieutenant 956.52612 Lieutenant,DA 956.52

    612 Sergeant 956.52

    612 Supervising Investigator, DA 956.52

    614 Criminalist 725.68

    614 Forensic Identification Specialist I 687.37

    614 Forensic Identification Specialist II 831.13

    614 Senior Criminalist 966.08

    614 Crime Lab Tech 487.94

    621 Civilian Investigator 701.12

    621 Court Services Specialist 453.57

    621 Crime Analyst 684.01

    621 Custody Assistant 554.73621 Law Enforcement Technician 502.54

    621 Public Response Dispatcher II 589.93

    621 Public Response Dispatcher Specialist 638.41

    621 Public Response Dispatcher I 502.56

    621 Supervising Public Response Dispatcher 657.56

    621 Security Assistant 264.3

    621 Security Officer 419.48

    632 Supv. Coroner's Investigator l 798.93

    632 Supv. Coroner's Investigator ll 873.04

    615 Captain 956.52

    615 Captain, DA 956.52

    615 Commander 956.52

    611 Deputy IV (full member) 523.92

    611 Deputy (PPOA full member, not Alads) 496.20

    611 Senior Investigator, DA 621.00

    Service Member 120.00

    Retired Member 120.00

    Retired Member prior 1/1/80 30.00

    Attention PPOA MembersWe need your personal (non-LASD) e-mail address! If yohave not received an e-mail blast from PPOA in the last smonths (we've sent a handful), that means: 

    1. Your e-mail address is not on file with PPOA, or,

    2. We have only your LASD-provided e-mail address (which is

    regularly blocked from receiving PPOA e-mail blasts).

    Either way, we need your personal (non-LASD) e-mail addre

    so that we can disseminate important news to you as quick

    as possible. Please e-mail your address to [email protected]  an

    reference “e-mail updates” in the subject line.

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     Lobster Fest ELA Station Reunion

    PPOA was a proud sponsor of this reunion, held at Rudy's Baja Grill (the old Shack!). Gil Carrillo did wonderful job ofcoordinating the festivities and even showed impressive vocal range (¡como un pajaro!) when he joined the mariachis on

    stage. More photos from this event (and many others!) can be found on PPOA’s Facebook page and www.ppoa.com.

    P h ot  os c our t  es y of   Ma r k  V i   d a l   

    FEBRUARY 2012 | STAR&SHIELD

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    4 STAR&SHIELD | FEBRUARY 2012

    Letters to PPOA 

  • 8/17/2019 StarShield Feb v18

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    Letters to PPOA 

    FEBRUARY 2012 | STAR&SHIELD

    Januar y 3, 2012

     Nic ho las Ber k u ta, R e tired Mem ber

    Brian Moriguc hi, Presiden t

    Los Ange les Coun t y Prof essiona l Peace Of f ice

    rs Associa tion

    188 Eas t Arro w Hig h wa y

    San Dimas, Ca lif ornia 91773

    Dear Brian,

    I t  is  wi t h grea t p leasure  t ha t I of f er m y sincer

    e apprecia tion  to  you and  t he PPOA Board of 

     Direc tors f or 

    suppor ting m y c laim in reso l ving an error in c

    a lcu la ting m y re tiremen t pension.

    Af  ter  reading E xecu ti ve Direc tor Pau l R o l ler’s  ar tic le  in  t he  Januar y  20

    10 St ar  & Shield  en ti t led,  “PPOA 

    La wsui t He lps R e tirees,” I con tac ted PPOA’s L

    a bor A t torne y S tep hen Si l ver as direc ted  b y P

    au l. Mr. Si l ver 

    de termined  t ha t  t here  was suf f icien t documen ta

     tion  to pursue a c laim under  t he R ASH Se t t lem

    en t  wi t h Los 

    Ange les Coun t y and LACER A. From  t he da te o

    f  m y ini tia l con tac t un ti l  las t mon t h, i t  too k  a

      to ta l of   t wo 

     years  to reso l ve m y case and  to recei ve  t he f u l

     l  benef i t a l lo wance.

     Wi t hou t  t he  persona l suppor t  and  reassuran

    ce  t ha t  Mr.  Si l ver  pro vided me,  I  am  sure  t h

    a t  t he  s ys tem 

     wou ld  ha ve easi l y “ t hro wn me under  t he  bus

    .” During  t his  leng t h y process,  I  was con tinu

    a l l y  amazed  b y 

     his  tenacious approac h and caring f or m y cau

    se. Mr. Si l ver di ligen t l y  k ep t me  inf ormed of   h

    is ac tions  b y 

    pro viding copies of  correspondence  wi t h Coun

     t y and LACER A of f icia ls.

    Again, I  t han k   you and  t he PPOA organiza tion

     f or going  t he e x tra mi le f or i ts mem bers  wi t h demons tra ted 

    genuine ac ti ve compassion f or  t heir  wor k -re la

     ted pro b lems.  Your con tinuing  leaders hip in  t h

    e f ie ld of   la bor 

    re la tions is  tru l y apprecia ted.

    Sincere l y,

     Nic ho las Ber k u ta 

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    6 STAR&SHIELD | FEBRUARY 2012

    Discounted Ticket Prices for PPOA Members

     Venue Adult Child

    Adventure City (Anaheim) 9.75 9.75

    Boomers in Upland 14.00 14.00

    Disneyland (One-day)  76.00 71.00

    Disney One-Day Hopper 96.00 91.00

    Knott’s Berry Farm Temporarily Unavailable

    Long Beach Aquarium 18.00 10.50

    L.A. Zoo 11.50 8.25

    Legoland (Two-day) 54.00 54.00

    Legoland (Three parks, two-day) 64.00 64.00

    Magic Mountain Temporarily Unavailable

    Medieval Times 42.50 30.75

    Pirates Dinner Adventure Temporarily Unavailable

    Scandia 14.00 14.00

    San Diego Wild Animal Park 36.50 27.50

    San Diego Zoo 36.50 27.50

    Sea World 46.00 46.00

    The Huntington Library   12.00 12.00

    Universal Studios (Buy a day, get 6 months) 67.00 67.00

    Universal Front of the Line 129.00 129.00

    Movie Theater Restricted Unrestricted

    AMC Theatres 6.25 7.75

    Cinemark 6.75 7.75

    Krikorian 7.75 n/a

    Pacific 6.25 n/a

    Regal/Edwards/UA 6.75 7.75

    Annual Passes

    DisneySelect 191.00

    DisneySelect So. Cal 258.00

    DisneySelect Deluxe 362.00

    DisneySelect Premium 476.00

    Universal Premium Star 134.00 134.00

    Universal w/Blackouts 77.00 77.00

    Universal w/o Blackouts 94.00 94.00

     All ticket sales are final. Prices and details on the PPOA website are subject to change. Always call first to confirm prices and availability.

    Limited to six (6) tickets per member, per venue. Please call the PPOA office at (323) 261-3010 for more information.

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    FEBRUARY 2012 | STAR&SHIELD

    PPOA Classifieds

    MAUI CONDO RENTAL

    pectacular oceanfront, pool, sandy beach, view

    f Molokai/Lanai, 1 bedroom, 1 bath, sleeps 4, full

    itchen, W&D. Pictures available. Call (626) 964.2578

    r email [email protected]. (1011)

    NOTARY SERVICE AT CRDF

    POA Delegate Mary Pardo (Custody Assistant)

    ffers free notary service to PPOA members &

    discount for all other LA County employees.

    his applies to service offered at CRDF. Info:

    562) 756-5924 / [email protected] (0811)

    RIVER HOME FOR RENT

    n Parker, AZ: 3bd/2ba home on the water with

    rivate 50’ dock off your back porch for your wateroys. Beds for 8 people. Pictures available. Call 562-

    55-1486 (0711)

    1946 FORD

    Coupe, 327 chevrolet, 3 speed column, power disk

    rakes, lincoln rear - end, great paint and tires.

    22,000. Please call Ed (949) 496-6432. (0811)

    VACATION OWNERSHIP

    5000.00 will get you a lifetime ownership to

    Monarch Grand Vacation Resort. Pick your dates

    nd villa type at great locations. Call Tony at 661-

    03-8650 (0711)

    2004 HARLEY DAVIDSON

    Road King, Police Edition, Dark Blue, extras, only

    ,297 miles, as new. $11,900, Bob at 805 553-0124 or

    -Mail [email protected] (0811)

    WANTED: LIVE-IN CARE

    Mature, female retired deputy needed for live-in

    osition. Responsibilities include: meals, medications,

    rrands (with my vehicle) & light housekeeping.

    Room, board & stipend provided. Call Art at (562)

    43-7972 (0911)

    PROWLER TRAVEL TRAILER

    997 - 31 foot, large slide-out, queen bed, lots

    f storage, new awning, AC, clean and excellent

    ondition, $10K. Call Tony 661-203-8650 (0711)

    TRUCK/TRAILER FOR SALE

    003 F-250, diesel, all extras, low miles (56K). 2005

    aredo, 5th wheel, 27 ft., immaculate. Truck $20K /

    Trailer $18K / Package deal $35K. Please call (360)

    42-2491 (0711)

    2001 SPORTSMAN 5TH WHEEL

    30ft KZ Sportsman bunkhouse with two opposing

    slideouts kitchen / LR. Roof 2 yrs old, tires only

    200 miles. Clean $8800 [email protected]

    (909) 282-2863 (0811)

    2002 FLEETWOOD RV

    2002 Expedition, 34’ diesel pusher. Only 26,500miles, in immaculate condition. Looks new. Nosmoking, no pets, no kids. Asking $72,000. Call(909) 973-3432.  (0911)

    5 ACRES VACANT LAND

    For sale 5 miles from Grass Valley, CA. All utilities

    available. Wooded with level building pad & slight

    slops. Contact [email protected] (0711)

    2006 TRAVEL TRAILER

    35ft. Forrest River, excellent condition. Sell for balance

    owed. Contact Rudy at (661) 478-8188. (1111)

    SAN JUAN CAPISTRANO HOUSE

    FOR RENT

    Located in historic section. 2 bedrooms, 1 bathroom,

    newly remodeled kitchen & bathroom w/ new

    appliances. Large yard in front & back w/ attached

    garage. $1,800 per month. Call (949) 586-7472. (1011)

    TWO GUNS FOR SALE

    Selling a Beretta 92FM stainless steel as well as a S&W

    K frame stainless 38. Asking price for the Beretta

    is $400 and the Smith is $350. Both guns in great

    condition. Contact Stephen: (909) 618-6921 or (909)

    597-8866. (0112)

    2009 YAMAHA MAJESTY

    400 cc scooter. Dark Gray. Gets nearly 60 miles per

    gallon. Retail value is $4,295. Asking $3,800. Call

    (951) 218-9394. (0112)

    TIMESHARE FOR SALE

    Worldmark Trendwest, 8000 credits per year.

    16000 credits on account. Asking $4,500. Will pay

    $299 transfer fee. Payments up to date. More info

    at: worldmarktheclub.com. Call Lorraine at (503)

    867-9968. (0811)

    DELUXE LAKE POWELL HOUSEBOAT

    Shared Ownership (Summer - even years).

    Summerset 2002, 74’X16.5’, Four Staterooms, Two

    full baths, $6000. Call Theresa or Steve @714-282-

    8446 (1111)

    PORTABLE SATELLITE ANTENNA

    Winegard automatic portable satellite ant

    works great. Changed RVs and new one has

    in antenna. $400 (half price). Call Bill at (707)

    6258. (0112)

    SAN LUIS OBISPO HOUSE

    FOR RENT

    Approximately 10 mins. from Cal Poly. 3 bedro

    2 bathrooms, newly painted & carpeted throug

    w/ new drapes & blinds. Rent includes acc

    community rec. rooom, pool, spa, sauna. Wa

    dryer located in attached 2-car garage. $2,00

    month. Call (949) 586-7472. (1011)

    MAUI CONDO RENTAL

    Completely remodeled, 2 bedroom, 2 bath,

    6. Kaanapali. Pool, spa. Full kitchen. W&D.

    discount for LASD & family. Email: lasd2m

    yahoo.com (661) 600-5600 (0212)

    PPOA classified ads are free an

    available only to PPOA members (on

     per month, 25 words max). Private par

    only, no business ads allowed. Send you

    ad to: Star & Shield Editor, 188 E. Arro

    Highway, San Dimas, CA 91773 o

    e-mail to [email protected].

    New submissions are added on fir

    come-first served basis, each issu

    Please send within first week of eac

    month to ensure timely inclusio

    Sellers are encouraged to list price

    each item listed. No work numbe

    may be used in ads. Submissions mu

    be in writing, not over the phon

     Ads run for 3 months. PPOA is n

    responsible for any claims made in

    classified ad.

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    P.O.P.A., Inc.188 E. Arrow HighwaySan Dimas, CA 91773

    CHANGE SERVICE REqUESTED

    NON-PROFitU.S. POSt

    PaiDtUCSON,PeRMit #

    OVER 36 YEARS OF SERVICE TO SAFETY PERSONNEL AND THEIR FAMILIES

    Our firm of 15 attorneys and over 50 support staff are dedicated to professional, personal service.

    WORKERS

    COMPENSATIONState Bar Certified Specialist

    We have successfully represented

    over 35,000 safety members. Our 

    representation continues long

    after your case is concluded since

     your right to lifetime medical care

    may always be challenged.

    DISABILITY

    RETIREMENT FOR

    SAFETY MEMBERS

    We have a pension department of 

    3 attorneys who specialize in this

    area and have successfully

    obtained disability pensions for

    thousands of safety personnel

    under PERS, County 1937

    Retirement Act and other county

    and city systems.

    PERSONAL INJURY

    Our personal injury department

    has successfully litigated or tried

    over 5000 claims for automobile

    injuries, products liability, medical

    malpractice and other negligence

    areas.

    (818) 703-600020750 Ventura Boulevard, Suite 400

    Woodland Hills, CA 91364

    www.lmwslaw.com

    Serving Ventura, Los Angeles and Orange Counties

    LEWIS, M ARENSTEIN, W ICKE, SHERWIN & LEE, LLP