FEBRUARY 10, 2015 FIRST EDITION-2015-02–001 NBPC 1613.ORG

Change Is Here! Welcome to the first edition of the Local 1613 Newsletter. My name is Terry Shigg and I am your newly elected President. I have been a union member since 1992 and a union steward since 1994. Back then we didn’t have formal training. I became a union representative (rep) because I wanted to help people and protect the rights of members.

I still remember my first encounter with management was I wanted to “call in” because my car was impounded and I was told, “No, you will be here!”

I also think back and remember some of the unsafe things we did as normal operations. For instance, at the San Clemente (SCM) Border Patrol Station, we used to use flares to close off lanes of traffic and walked out into traffic to begin setting up the checkpoint.

That was then, this is now. The history of this Local has been one of leadership. Local 1613 has led the way as part of the National Border Patrol Council (NBPC) for as long as I can remember. Local 1613 union fought for the implementation of Detail Management Teams (DMT’s), fought against checkpoint closures, and fought for a place in North County to use for range and Defensive Tactics.

Change is here!

Anyone who is a union rep, let alone an executive board member (E-board), is a little off center. I will do things differently because I am

NBCP1613.ORG 1-800-620-1613 TWITTER: @NBPC1613 !1

Union Local 1613 President

Terry Shigg

“We don’t expect you to agree with

everything we do, but several

things I promise you.”

Table of Contents: P. 1 Change Is Here!

P. 2 San Diego Sector Featured Photos

P. 3 Stating The Obvious

P. 3 E-Board Contact List

P. 4 Meetings & Training

P. 5 Committees

P. 6 Dealing With PSTD & Visit With The Chief

P. 7 Know Your Rights… Legislative & Political Action, “Rumor Mill”

P. 8 “Watch The Old Timers”

P. 10 Choir Practice

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different and this E-board is different. We challenge you, and we expect you to hold us accountable as you should expect us to do to you also.

Accountability means everyone will be given every opportunity and the resources they need to succeed. If you are sincere in your effort, and able to fulfill your duties as a rep, then you are welcome to be a part of this Local team, because there is only one team and that is Local 1613.

We don’t expect you to agree with everything we do, but several things I promise you.

1. We will do everything we can to protect the rights and interests of the membership.

2. We will be responsible stewards of the trust you have placed in us.

3. We ensure representatives have all of the resources necessary to be successful.

There is too much work yet to be accomplished at the Local and National levels.

Locally: Use of Force, Dispatch, Hospital Watch, MRT etc…

Nationally: Contract negotiations, Use of Force, TEDS, Physical Fitness, OSHA, Peer Support, Chaplaincy etc…

Labor Union: Official Time, Automatic deductions, Retirement, Benefits etc…

I will not be distracted from my promises and responsibilities to the membership. There is too much going on for us to be fighting each other, I will not do it.

I am not perfect and I do not know everything. I am smart enough to know I am stupid! I can’t be everywhere. I need each and every one of you to make this whole thing work.

Steve Jobs has a quote that says, “In life you only get to do so many things and right now we’ve chosen to do this, so let’s make it great.” Let’s make this Local great! Thanks, and I look forward to serving you,

Terence L. Shigg

NBPC 1613 President

NBCP1613.ORG 1-800-620-1613 TWITTER: @NBPC1613 !2

San Diego Sector Featured Photos

If you’d like to have your photo featured here please submit them to: gpacheco@nbpc1613.org

Twitter: @NBPC1613

@gabep21

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BY GABE PACHECO

San Diego (NBPC 1613) - With recent events in the news media and mounting concern about excessive use of force by U.S. law enforcement officers, many departments and agencies are looking to technology as a means of transparency and accountability.

Customs Border Protection (CBP),

within Department of Homeland Security (DHS), is responsible for securing U.S.borders and facilitating legal travel and trade. CBP officers (CBPO’s), within the Office of Field Operations (OFO), are responsible for securing the border at U.S. ports of entry, locations at which individuals and merchandise may seek legal entry into the United States. Border Patrol (BP) agents, within the Office of Border Patrol (OBP), are responsible for securing the national border between the ports of entry. The Office of Training and Development (OTD) designs, develops, and delivers

CBP- wide training courses and establishes training standards and policies for use by BP agents and CBP officers.

CBP Use of Force Policy, Guidelines and Procedures Handbook, Office of Training and Development, HB 4500-01c, May 2014, which is in negotiations with the union, is the current policy which governs BP agents and CBP Officers authorized use of force. On page (i) in the foreword from the Commissioner - “A respect for human life and the communities we serve shall guide all employees in the performance of their duties. Authorized Officers and Agents should employ enforcement tactics and techniques that effectively bring an incident under control, while minimizing the risk for injury or property damage. The use of excessive force by CBP law enforcement personnel is strictly prohibited.” R. Gil Kerlikowske Commissioner U.S. Customs and Border Protection.

Border Patrol agents operate according to the these principals every day. It is one of those known facts that is so obvious that it needs to be stated from time to time that we have heroes working among us who daily risk their lives on behalf of our nation.

Another obvious fact that needs to be stated is the type of people whom we

NBCP1613.ORG 1-800-620-1613 TWITTER: @NBPC1613 !3

PRESIDENT TERRY SHIGG

TSHIGG@NBPC1613.ORG TWITTER: @NBPC1613

1ST VICE PRESIDENT ROBERT LOPEZ

RLOPEZ@NBPC1613.ORG

2ND VICE PRESIDENT TOM WARD

TWARD@NBPC1613.ORG

3RD VICE PRESIDENT JOSH WILSON

JWILSON@NBPC1613.ORG

SECRETARY VICTOR CANTU

VCANTU@NBPC1613.ORG

TREASURER ROBERT CORTEZ

RCORTEZ@NBPC1613.ORG

SERGEANT OF ARMS MANNY BAYON

MBAYON@NBPC1613.ORG

MEDIA RELATIONS GABE PACHECO

GPACHECO@NBPC1613.ORG TWITTER: @GABEP21

HEALTHY & SAFETY RONALD ZERMENO

RZERMENO@NBPC1613.ORG

Stating The Obvious

“Executive action on amnesty and shrinking enforcement budgets adds pressure to a volatile mix of enforcement priorities and organized crime operating on or near the border.”

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come in contact with. Some of them do not play by the same rules. There are many things that motivate people to harm others. They do not respect human life or their communities, there is nothing guiding their behavior except the need for getting their next “load through,” their next “fix,” and so on.

We are no different from any other law enforcement agency in the nation. Our priorities happen to be on the border, focusing on catching criminals and contraband trying to enter our country illegally, and the tearing down of transnational criminal organizations that are facilitating this criminal behavior. The stakes are high in combating a multi-billion dollar organized industry operating on both sides of the international border. Executive action on amnesty and shrinking enforcement budgets adds pressure to a volatile mix of enforcement priorities and organized crime operating on or near the border.

We have learned to rely on each other for backup and on our training to combat the sometimes aggressive and violent behavior by these criminals. The obvious has to be stated again. We have been authorized and trained to use the necessary force needed to carry out our enforcement duties which includes seizing a person’s life. Seizing a person’s life is the last option depending on the dynamics of the situation and officer/agent’s perception while responding to the criminal’s behavior.

The obvious conclusion, agents are trained and authorized to operate within CBP policy to respond appropriately to a criminal’s aggressive and violent behavior. Using those “enforcement tactics and techniques that effectively bring an incident under control, while minimizing the risk for injury or property damage,” is the ideal scenario. However, it sometimes cannot be achieved because of the violent behavior of the criminal. We agents must operate within and understand the policy which governs our behavior while on and off-duty, it should not take anything away from us defending ourselves.

NBCP1613.ORG 1-800-620-1613 TWITTER: @NBPC1613 !4

OUR LOCAL MEETINGS ARE HELD EVERY SECOND TUESDAY

OF THE MONTH AT 7:00 PM. LOCATION: CROWNE PLAZA

HOTEL 2270 HOTEL CIRCLE NORTH,

SAN DIEGO, CA. 92108 If you are a dues-paying union member and would like to privately address the Executive Board on any matter, you may request an appointment by e-mailing any executive board member.

Please note: We do not accept solicitations for charitable or political campaign contributions.

BASIC UNION STEWARD TRAINING WILL BE HELD ON:

ON FEBRUARY 19, 2015 AT THE CROWNE PLAZA HOTEL FROM 9AM-5PM

ON FEBRUARY 25, 2015 IN THE MURRIETA AREA FROM 9AM-3PM

PLEASE CONTACT YOUR STATION LEAD REPRESENTATIVE IF YOU ARE INTERESTED IN ATTENDING

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NBCP1613.ORG 1-800-620-1613 TWITTER: @NBPC1613 !5

We have developed and implemented a new reimbursement policy. Any concerns or suggestion concerning financial matters of the local should be directed to Robert Cortez (rcortez@nbpc1613.org).

We are continuing to work on improving radio communications and protecting our members from contagious diseases. Sector command staff and the union will specifically be directing their attention on how to improve safety and decrease ATV accidents. We will also be working together on decreasing DUI’s. Any concerns or comments should be directed to our Health and Safety Director Ronald Zermeno (rzermeno@nbpc1613.org).

There are a few bills out there to keep your eyes on:

Department of Homeland Security Appropriations Act, 2015 This bill passed in the House on January 14, 2015, and goes to the Senate next for consideration. (Placed on Calendar in the Senate.) FYI DHS current funding will end on February 27, 2015.

H.R. 399: Secure Our Borders First Act of 2015 To require the Secretary of Homeland Security to gain and maintain operational control of the international borders of the United States, and for other purposes. This bill is scheduled for the following committee meetings: January 26, 2015, at 5 p.m. — House Committee on Rules

H.R. 43: Border Security, Cooperation, and Act Now Drug War Prevention Act of 2015 To provide for emergency deployments of United States Border Patrol agents and to increase the number of DEA and ATF agents along the international border of the United States to increase resources to identify and eliminate illicit sources of firearms into Mexico for use by violent drug trafficking organizations and for other lawful activities, and for other purposes. Referred to Committee on Jan 6, 2015

Christopher J. Harris via email at: cookincop@aol.com

We are working on several projects to increase the dissemination of information. We will be establishing an Instagram account soon. We are updating our website. If anyone has any suggestions or would like to volunteer to assist Local 1613 with media relations contact Gabe Pacheco (gpachecho@nbpc1613.org).

Any questions or c o m m e n t s

contact us at: 1-800-620-1613

o n t h e w e b : NBPC1613.org

on Twitter: @NBPC1613 on Facebook: NBPC 1613

IMB -

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DEALING WITH POST TRAUMATIC STRESS INJURIES

“Nationwide, most law enforcement officers lack the understanding to provide traumatic field care for psychological injury. The goal of the immediate response is to limit the chances of a temporary injury becoming a longer lasting wound that is in need of more serious care. On-scene psychological intervention is consistent with the model used when initially dealing with a gunshot wound in the field.

This one-on-one intervention should be short and result in the officer being assured that his/her physical and mental reactions are normal and that they are not alone. This initial intervention will be rudimentary in nature, but if handled properly, it sets the groundwork for all future interventions.”

Police One

(Policeone.com). Why agencies need a

buddy care model for-rapid PTSI response?

Critical incidents are part of our regular experiences. In order to properly cope with these incidents we need to be more proactive. This is a simple guide to help us help each other. It is a brief encounter that sets the stage for future assistance and well-being. As union representatives we will be that first contact many of the times. This is what we should be aware of and initiate after proper legal representation is secured. Here is a basic blueprint of a statement that can be put into your own words or read directly from here.

“I want you to know the situation is under control now. Your mind and body are going to take some time to settle down. Take some deep breathes and have some water. You can wait here for a while and we will take care of you. You just experienced an abnormal situation so there is no normal reaction. If you have any concerns about how you are reacting later please let somebody know.”

The idea is to assure the agent he is safe and give him an avenue to seek future assistance if needed.

We will (or have) all been exposed to traumatic incidents throughout our career. We can’t avoid it so let’s be prepared for it. Then when it happens let’s provide the support needed to minimize the effect.

NBCP1613.ORG 1-800-620-1613 TWITTER: @NBPC1613 !6

Visit With The Chief On December 19, 2014 the Deputy Chief of the Border Patrol Mr. Vitiello visted El Cajon, Chula Vista and San Clemente musters. He spoke briefly and answered several questions. I will try to outline some of his talking points for you. 1. Pay Reform: Deputy Chief Vitiello commented that it would be months before the pay reform would be implemented. He also stated that he believed the passage of pay reform would give the agency and employee’s stability and predictability we were lacking. 2. Radio Communications: This issue is on OBP’s (Office of Border Patrol) radar. He claims the service will have and invest 30 million dollars on radio communications at the end of FY2014. 3. Body Cameras: The agency is field testing body cameras and has them in inventory at OTD (Office of Training and Development). He stated he has gotten good feedback from the tests and believes this is being demanded from the public. He also believes this will reduce complaints. 4. M-4’s: This is being handled by OTD. The agency is working to fix the rifles that are repairable. He agrees there was a lack of planning prior to M-4’s being inspected and removed from the field. 5. ROB (Relocation Opportunity Bulletin): Mr. Vitiello stated that there will be 2 ROB’s and 2 VRP’s (Voluntary Relocation Program) this year.

We will continue to update the membership as we get more information. Deputy Vitiello is second in command of the Border Patrol and this was a good opportunity to hear from headquarters. I encourage all of our members to take advantage of these opportunities and respectfully ask direct questions. These are the men and women that are making decisions for us and they should be able to explain those decisions when questioned. That is a sign of true leadership.

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LEGISLATIVE & POLITICAL ACTION

We (Local 1613) realize that in this day and age, our membership (and their families) are directly impacted by legislators, politicians, they can, and do, set the tone in which we live and work.

We also realize that this “tone” is at every level – local, state, and national.

In the past, we have been, and rightly so, critical of the leadership and management, at all levels (DHS, CBP, USBP), in their inability and lack of desire to really interact and communicate with the legislative and political leadership that effect the USBP and its employees. This failure to explain, document, or discuss our problems, issues, and concerns, at even a basic level, has caused us to be misunderstood, misused, and even just ignored. This “head in the sand” or “ostrich” like approach has poorly served our agency, its employees, and our membership.

Because we understand that we cannot force DHS, CBP, or USBP management to do this, we have decided to become involved ourselves at every level.

Our goals are to have better communications and relations with the legislative and political leaders (and their staffs) in the area that represents Local 1613.

This will enable us to bring our concerns, ideas, and issues directly to those individuals, whose actions and legislation directly impact us. This will allow us to help influence and guide their decisions and legislation, and have input as it is being formed and written.

We also want these political and legislative leaders, their staffs, and the groups that support them, to become better acquainted with us as a union, and more importantly, our members. We wish to “put a face to our name”; to have those in positions of authority, power, and influence recognize that we (our members) are their constituents, their neighbors, their friends, taxpayers, and volunteers in their districts and neighborhoods.

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“The Rumor Mill” “The Pay reform bill is dead.” That is obviously not true. The Pay reform bill has passed and is now a law. We do not know how long it will be before it is implemented but we are guessing anywhere from six months to one year.

“No more AUO everybody will be on FEPA.” This is phase four of the decertification process that we have been fighting for the last year. Apparently Chief Fisher made this statement while attending Briefing in Tucson. The agency wants to decertify now. The information we are getting is that the agency is seeking legal counsel to see when they can decertify all agents and go to FEPA. This would be a benefit to the agency and hurt the agents. This means you would lose money every time you took annual leave or sick leave. We are waiting for final confirmation and details (timelines). We will keep you informed as we are made aware of more details and check national website for the most current update (bpunion.org). “We will be going to LEAP until OPM makes their determination and it should only take 6 months.” This is false. The agency sought legal counsel and found out they could not do this administratively. They would have to change the law in order to move us to LEAP and they don’t have the time or the will to do that.

“The Checkpoints are closing down.” This is false (at this point and time). We believe the Agency is currently conducting a study on the checkpoints but we have not received word as to the purpose or reason for the study.

Know your Weingarten Rights

If interviewed by a supervisor this statement can be read or given to the supervisor at any time during the interview.

“If this discussion could in any way lead to my being disciplined or terminated I respectfully request that my steward be present at the meeting before I answer any questions. Without representation present, I choose not to respond to any questions or statements.”

If the supervisor refuses your request, comply with the order and immediately notify a union representative at the conclusion of the meeting so that an Unfair Labor Practice (ULP) can be filed.

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In this time of unrest and protest directed against all law enforcement personnel and agencies (Ferguson, NYC, etc.), we recognize how vitally important having these prior relationships with these people and groups can be. We hope to prevent that dehumanization (of LEO’s) that takes place so often with negative and even tragic results.

We have started this process by meeting with various political and legislative leaders/staff in our area, and communicating with them our desire to become more involved. We have received very positive responses, and will continue to pursue this interaction. We are also starting a database wherein we will attempt to evaluate proposed and pending legislation, and provide our membership with information regarding it - whether it could have a positive or negative effect on us, and whether they might wish to support it or not.

In closing, we recognize that we, as a local, can, and must, be more involved in these relationships, to be proactive – in order to shape legislation that can affect us and our families, and to help get our message and concerns out to the political and legislative leadership in our area. We must be more effective in having our voices heard, and this is an important part in accomplishing that goal.

We will also be creating a roster of members who are interested in being available to attend meetings with political & legislative leaders in their districts with our local political coordinator & Local 1613 leadership.

This greatly enhances our ability to gain access to these legislators and to influence their decision making process.

Please contact Christopher J. Harris via email at: cookincop@aol.com if you are interested.

“Watch The Old Timers” As you know, we as patrol agents are operating under a

new use of force policy. Along with this new policy is a host of change in terms of engagement, reporting, and review…with more still to come. On October 1, 2014, the new policy was enacted prior to collective bargaining with The National Border Patrol Council, negotiations concerning this policy are ongoing and we will certainly see a revised policy in the future.

Why is this important? Customs and Border Protection Commissioner Gil Kerlikowski was appointed to his position in the wake of several external reviews that were highly critical of patrol agents, The Border Patrol, and our use of force policy.

Although you and I as patrol agents, know that these reviews were conducted by organizations with political agendas other than border security, they generated considerable publicity, and brought additional scrutiny upon each and every one of us when using defensive tactics. This additional layer of scrutiny is compounded by the added layers of review mandated in the new use of force policy. Many of you are probably wondering how you are expected to do your job effectively and at the same time safeguard yourself, so you can go home to your loved ones at the conclusion of each shift.

In spite of the changing use of force climate, you are still able to defend yourself, use reasonable force to effect an arrest, and perform your sworn duties. At the heart of the use of force policy is case law, namely Tennessee v. Garner and Graham v. Connor, that has not changed. While additional review is among the changes in policy, there are some steps that we will share with you that you can take to ensure that you go home at the conclusion of your shift, avoid civil litigation, and steer clear of criminal prosecution. While this is by no means a comprehensive guide, I hope it will provide you with some valuable information.

1. Know the use of force policy. Take the time to read it. If you have any questions, address them to a defensive tactics instructor, firearms instructor, or a union representative. This is a situation where knowledge truly is power.

NBCP1613.ORG 1-800-620-1613 TWITTER: @NBPC1613 !8

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2.Develop and maintain your defensive tactics prowess. Take your training seriously. Absorb what the agency has to offer. Whatever training you attend, you are responsible for knowing and applying it.

3.Stay physically fit. If you look like you are capable of handling yourself, it is less likely offenders will challenge you. If you do have to get your hands dirty, you will be in a better position to defend yourself and do your job with a minimal amount of necessary force. Fatigue breeds mistakes (mental and physical).

4.Watch the old timers. Veteran patrol agents will most often use wit, humor, and their presence to control a situation. The less force you have to use, the better.

5. When it is time to use force, be decisive. Do not hesitate. If you are knowledgeable, trained, and doing your job, you likely have nothing to worry about. We have all seen a trainee or a new P.A. hesitate. This is generally due to a lack of confidence or a misunderstanding of his authority. Hesitation will only get you or your partner hurt, don’t be afraid to do your job.

For many patrol agents, using appropriate force is not the issue. Dealing with the aftermath is where some of the problems lie. In order to properly document your use of force and thus protect your financial future and personal liberty, do the following:

1. Know your policy. It will make documenting your use of force much easier and in a manner that withstands scrutiny. The truth can withstand scrutiny and breeds confidence.

2. When it comes time to sitting down at the computer and typing your memo, seek the help of a union representative. An experienced rep has composed more than a few memos for himself and assisted with many more while representing other members. He has likely been there and done that. In the vast majority of cases, patrol agents properly use defensive tactics. As far as documenting their use of force situation, many PA’s fall short. While typing the memo, you know exactly what happened and what you want to say. However, what actually happened and what ends up on the screen (and eventually on memo paper) are often two different events. Poor articulation of facts opens the door for criticism, litigation, and prosecution. Additionally, charged emotions can influence your report writing. For example, have you ever been in a heated argument with your spouse or significant other? You knew exactly what you wanted to say. It sounded PERFECT when the thought crossed your mind. Then you said it…either it came across in a manner other than what you intended or you used a wrong word. What you intended to say was not what you said. Use a union rep when writing your account of the events, they can help you avoid many common and costly pitfalls.

3. Only submit one written account. There is no need to do anything but copy and paste the relevant text of your memo into the use of force reporting module. Doing anything else only gives the agency and opposing attorney’s two different accounts to compare and contrast. You will be held accountable for any discrepancies. Discrepancies can damage your credibility and bring about discipline, litigation, and prosecution.

4. If you are called upon to testify at an Internal Affairs interview, Review Board, or other inquiry, immediately contact a union representative and request attorney representation. Ensure you have someone experienced, knowledgeable, and capable on your side.

As a patrol agent and a member of The NBPC Local 1613, you perform a very difficult and demanding job every day. Unfortunately, there will always be those who will resist you in your efforts. When this happens, you will eventually be called upon to use some level of force to effect an arrest. It is not only up to you to ensure you do so appropriately, but to ensure you document it properly. It is important that anyone that reads your report, walks away with a clear understanding of not only what you did…but why you did it. Local 1613 has some outstanding, very experienced, and talented union representatives. Let them help you.

NBCP1613.ORG 1-800-620-1613 TWITTER: @NBPC1613 !9

“At the heart of the use of force policy is case law, namely Tennessee v. Garner and Graham v. Connor.”

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NBCP1613.ORG 1-800-620-1613 TWITTER: @NBPC1613 !10

“Rest easy, sleep well my brothers. Know the line has held, your job is

done.”

Dedo INDICE: Do you know what it means?  It means INDEX Finger.  I know we all have little stories from our past, here is one of many that I have. When The Patrol started modernizing, they brought a little machine to print the aliens.  All they had to do was place their INDEX finger on the little red light.  I stood there watching the NUGGETs trying to get the aliens to understand, "Dame tu dedo derecho INDICE."  Most of them didn't know that PULGAR meant THUMB, how were we going to get them to understand INDICE.  So I stood there watching this comedy of errors for a several minutes until I couldn't take it anymore.  I stopped the process and in my COMMANDING voice I asked, "Cual es el dedo que usan para picar la nariz"  They all laughed and stuck out their index finger.  Problem solved. My point?  CONJUGATING didn't matter, we had to speak in a common language, or simplified words, or else we would be there repeating ourselves all day long.