When disasters strike… the FOP RespondsBy Patrick Yoes

Less than three weeks after the delegates left the National FOP Conference in the City of New Orleans, this fun-loving city has beenforever changed. Police and military patrol the vacant city streets left in ruin by the destructive forces of Mother Nature and by thehands of a band of thugs who exploited the vulnerable state in which the crippled city and its residents found themselves.

The days that followed the arrival of Hurricane Katrina set the stage for countless nightmares, unbelievable challenges, and a trib-ute to courage, bravery and perseverance.

But that doesn’t change a sobering fact. An estimated 2,000 law enforcement members have lost their homes. It is difficult timesfor so many.

The Fraternal Order of Police has taken the lead in addressing the needs of the officers directly in the field. In fact, the most com-mon phrase heard from large and small agencies alike is, “If the FOP didn’t bring it, it didn’t happen.”

A wide range of services have been provided by the FOP, from opening a police family shelter, daily deliveries of ammo, clean under-wear, fresh uniforms, and personal hygiene items, to creating a support network for law enforcement families—funneling messagesbetween families and officers separated in the evacuation and assisting in reuniting them. We also developed a Critical IncidentResponse Network, and, with the help of the D.C. Lodge, opened a mobile kitchen to feed hundreds of law enforcement officers daily.

In addition, the FOP helped coordinate the deploying of volunteer law enforcement personnel from agencies all across the U.S. toaffected areas so officers could take time off to reunite with their own families and make repairs to their damaged homes. It is heart-warming to see how we have all pulled together and are clearly making a difference.

THE JOURNALOfficial Publication of the Grand Lodge, Fraternal Order of Police® Volume 10, Issue 5, October 2005

1410 Donelson Pike, Suite A-17, Nashville, TN 37217

Along Canal Street, on the edge of the French Quarter, national media set upshop on any dry ground they could find.

At Ground Zero, Buras, LA, every structure failed, including the Buras WaterTower where Katrina’s eye came ashore.

(continued on page 2)

Thank You MembersNeedless to say, the 57th Biennial National Conference in New Orleans was a most memorable

one for me. I want to first thank all of the brothers and sisters in Louisiana for the outstanding jobthey did. I had the opportunity four years ago, as Chairman of the National Site Committee, to meetwith them while they were in the planning stages. They promised then they would do a great job andit would be a Conference to remember. I believe they not only met but exceeded their promise.

Secondly, I want to express my most sincere and humbled thanks to the delegates who electedme National Vice President. To say I am honored is an understatement. As I said at the Conference,having the opportunity to meet so many of you over the last eight months has only confirmed mybelief in this great organization. I can think of no greater honor than to say I represent you on theBoard.

I also want to thank the delegates from Michigan for the great job they did, the State LodgeExecutive Board for their support and guidance, my home lodge, Grosse Pointe #102, and last butnot least my family. Without the support and commitment of each and every one of them, I could nothave been successful.

I look forward to the next two years serving you, the members, as your National Vice President. I am also excited and anxious towork with the Executive Board on your behalf. I want to continue to offer balanced programs from which our members can benefit. Itruly believe our best years are yet to come. We, as a Board, need your help in continuing to make the FOP the largest and most pow-erful police organization in the country. Please feel free to contact me if I can be of any assistance to you.

2 G R A N D L O D G E F O P J O U R N A L • O C T O B E R 2 0 0 5

Your Voice in Government

Grand Lodge Fraternal Order of PoliceNational Headquarters1410 Donelson Pike, A-17Nashville, TN 372171-800-451-2711Phone (615) 399-0900FAX (615) 399-0400E-mail: glfop@grandlodgefop.orgWeb Site: www.grandlodgefop.orgLegislative Office E-mail:

natlfop@grandlodgefop.org

Executive BoardChuck Canterbury, President

4653 Redwood DriveMyrtle Beach, SC 29588

(843) 293-5386Dave Hiller Patrick YoesVice President SecretaryGrosse Pointe Park, MI Norco, LA

Tom Penoza Mike TaylorTreasurer Second Vice PresidentNew Castle, DE Columbus, OH

Frank Gale Mike BurnettSergeant-at-Arms National Trustees ChairmanDenver, CO Casper, WY

Past PresidentsGilbert G. GallegosAlbuquerque, NM

Dewey R. Stokes Richard A. BoydColumbus, OH Oklahoma City, OK

Leo V. Marchetti John M. DineenPittsburgh, PA Chicago, IL

THE FOP JOURNAL is published every other month by the GrandLodge, Fraternal Order of Police. 1410 Donelson Pike, Suite A-17,Nashville, TN 37217—1-800-451-2711. Presort Standard, U.S.Postage Paid in Nashville, TN Permit No. 1. FOP membershipincludes a subscription to THE FOP JOURNAL. Subscriptionsaccepted from recognized law enforcement agencies, governmentofficials and libraries. Subscriptions $16 a year. Single copies $4.

Media information available upon request by writing or callingNational Headquarters. No part of THE FOP JOURNAL may bereprinted without permission. Publication of any product does notendorse product or services by the National FOP.

Copyright 2005 by Grand Lodge, Fraternal Order of Police.

NATIONAL TRUSTEES

Editor-in-Chief EditorPatrick Yoes Kim Scott

Wyoming . . . . . . . . . . . . . . . . . . . Mike Burnett, ChairmanAlabama. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. L. FinleyArizona . . . . . . . . . . . . . . . . . . . . . . . . . . Patrick ScherdenArkansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gary WallaceCalifornia . . . . . . . . . . . . . . . . . . . . . . . . . . . . Steve JamesColorado. . . . . . . . . . . . . . . . . . . . . . . . . . . . J. D. CordovaConnecticut . . . . . . . . . . . . . . . . . . . . . . . . . Robert MartinDistrict of Columbia. . . . . . . . . . . . . . . . . . . . Lou CannonDelaware . . . . . . . . . . . . . . . . . . . . . . . . . . John FogelgrenFlorida . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pete FireGeorgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bill PeacockIdaho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brad LandesIllinois . . . . . . . . . . . . . . . . . . . . Robert “Rocky” NowaczykIndiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert ImborekKansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pete FogartyKentucky . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mike HettichLouisiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Willie PatinMaryland . . . . . . . . . . . . . . . . . . . . . . . . . . . Rick FulginitiMassachusetts . . . . . . . . . . . . . . . . . . . . . . Larry CrosmanMichigan . . . . . . . . . . . . . . . . . . . . . . . . . . Kevin SommersMinnesota . . . . . . . . . . . . . . . . . . . . . . . . . . Chuck SchaussMississippi. . . . . . . . . . . . . . . . . . . . . . . . . . . Styron KellerMissouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bill AlbertsonNebraska . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ric HallettNevada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David MoodyNew Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ron BakleyNew Mexico. . . . . . . . . . . . . . . . . . . . . . . . . . J. R. StewartNew York . . . . . . . . . . . . . . . . . . . . . . . . . Charles CaputoNorth Carolina . . . . . . . . . . . . . . . . . . . . . . . Randy HaglerNorth Dakota . . . . . . . . . . . . . . . . . . . . . . . . Steven KennerOhio. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chet DeLongOklahoma. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joe PerkinsPennsylvania . . . . . . . . . . . . . . . . . . . . Charles SantangeloRhode Island . . . . . . . . . . . . . . . . . . . . Hugh Clements, Jr.South Carolina . . . . . . . . . . . . . . . . . . . . . . . Darrell LewisSouth Dakota . . . . . . . . . . . . . . . . . . . . . . Thomas SchmittTennessee . . . . . . . . . . . . . . . . . . . . . . . . . . Duane PhillipsTexas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ken StarrsUtah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . James CrowleyVirginia . . . . . . . . . . . . . . . . . . . . . . . . . . . . James GaudetWashington. . . . . . . . . . . . . . . . . . . . . . . . . Jack SimingtonWest Virginia . . . . . . . . . . . . . . . . . . . . . . Herman BeckettWisconsin . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nick Segina

Dave HillerNational Vice Presidenthillerd@grossepointepark.org

The Central Gulf Coast FOP has been on post making a posi-tive difference in the initial stages of the Katrina Crisis, butthere is much to be done and it can’t be done alone. Our stead-fast commitment to assist law enforcement families will becostly and we sure could use some help. Many have come tothe aid of their brothers and sisters in need. However, the num-ber of law enforcement members affected by the tragedy willcertainly test our compassion.

Donations to this effort can be made directly to the FraternalOrder of Police Foundation. Visit www.fop.net for details. Youcan rest assured that every penny collected through theFraternal Order of Police Hurricane Katrina Fund will aid lawenforcement officers affected in the Gulf Coast Region.

We may be down during these tough times, but remember,tough times don’t last—tough people do. Your support andassistance has been phenomenal and we are forever indebted.We are proud to be FOP.

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Supplying a makeshift police station in Pass Christian, Mississippi. Members of the Mississippi State Lodge and DC Lodge 1unloaded goods for their department. The Mississippi State Lodge has provided support, of one type or another, to the Mississippidepartments of Pass Christian, Bay Saint Louis, Waveland, Longbeach, Harrison County, Gautier and Biloxi as well as the others.

The Louisiana FOP network in full force,members unload supplies for officers to bedistributed throughout the affected areas.

I was recently asked this question and sometimes itis easy to assume that members are as informed as Iam about the FOP, but when I stop and think about thefact that I work every day for the FOP it is easy to see

why this is such a legitimate question.

The National Lodge has evolved from a gathering of the State Lodges to becoming the“Voice of America’s Law Enforcement.” The National has many facets but perhaps themost important role is in the area of Legislation.

In 1946, when the National Lodge led the fight to stop mandatory inclusion in SocialSecurity, our long history of supporting police officers began. This fight is still ongoing andwe have been successful in stopping the Federal Government’s effort to force all publicemployees into the Social Security System. This fight caused the National President tostart a Legislative Committee that has evolved into a full-time legislative office locatedthree blocks from our nation’s Capitol. During the past four years, no piece of legislationthat we opposed has passed Congress.

The Windfall Elimination Provision legislation leads our list of legislative priorities andthe National Lodge is leading the fight to overturn this very unfair provision. Former VicePresident Ken Rocks testified on this issue in 2004 and since that time I have testifiedbefore the House two more times.

The National Lodge first identified this unfair provision and since that time we have hadlegislation introduced to overturn this provision and we have been working with both theHouse and the Senate and the administration. This fight is being led by the National andcollectively our Grassroots Program is working hard, as well. Since first introducing thispiece of legislation, we have added 283 Cosponsors in the House and 23 in the Senate.

This legislation will be very costly to overturn and that is why we are working with acoalition of unions in D.C. to find the funds necessary to replace the lost funds. FederalLaw requires this and we are taking the lead in this fight. This fight will not be won withouta concerted national effort.

In the past two years the FOP has continued its long history of fighting for police friend-ly legislation:

The National was successful in passing H.R. 218, the Police Concealed Carry Bill.

The Hometown Heroes Survivors Benefits Act, which provided for heart attack cover-age in the Public Safety Officer Benefit, passed in the 108th Congress.

The FOP successfully protected police overtime in the regulations of the Fair LaborStandards Act.

The FOP fought for funding of the Bulletproof Vest Partnership Grant Act that providesfinancial assistance for agencies buying body armor.

The FOP fought for and won an agreement that forces telecommunications companiesto fix the 800MHz interference problem no matter what their costs.

We have successfully convinced the Department of Justice to include police unions inall talks surrounding Pattern and Practice investigations and since this dialogue began noFOP city has been forced into a consent decree.

The National has been working for passage of a nationwide Collective Bargaining billfor many years and we continue to lobby for its passage. This is a collective fight that can-not be won state by state—it must be done on the national level. The only way for that tooccur is for all of us to unite and fight together. Passage of this law will assist states in theirconstant fight to keep or obtain this benefit.

In the area of Police Labor the National has been working on a new information systemthat will allow Lodges to generate their comparative data as well as to generate exhibits.These will be useful to lodges of all sizes. This system is being tested right now and willbe available to all Lodges in the next few months. This system cost $350,000 and hastaken two years to develop.

The National Lodge has also been trying to look to the future and find ways for Lodgesto educate and provide a Health Savings Program that will assist our members in payingfor health care costs at or near retirement. We have joined forces with ICMA-RC, thelargest public sector health savings group, and we have developed a program exclusive-ly for FOP members.

The National has also increased our Labor Services section from one employee—whenthis Board took office—to seven by the end of this year. This includes a full-time researchsection that will assist all Lodges with research.

In the area of large lodge dynamics, the National formed, at former PhiladelphiaLodge President Rich Costello’s urging, an Urban Policing Committee. This committeeis made up of the largest lodges in the FOP and is limited to cities over 500,000 in pop-ulation. This committee has worked to open communications with each other and dur-ing the next year this committee will be tasked in assisting our larger lodges in areasthat are unique to their size.

The Fraternal Order of Police provides a unity in our profession and unlike independ-ent groups or others, we have become the collective voice in law enforcement matters. Inrecent years we have filed numerous court actions that have:

• Protected police officer personal information from release to the media• Fought property right cases that protected officer rights• Fought freedom of speech issues when unions speak out against government

We will continue to support court cases that expand or protect our rights as policeofficers.

In an effort to remain ahead of management, we have offered a host of Labor seminarsand we have tailored many programs to fit the individual needs of lodges in all aspects ofpolice labor, lobbying and service providing. The National has sought funding for andfound resources to provide scholarships to FOP members to attend our training programs.You can apply on-line at www.fop.net.

There are many more facets of the National Lodge but I hope this will peak your inter-est to get involved and see what we can do for you.

I remain fraternally yours,

Chuck CanterburyNational President

A Voice for You

President’s Message

G R A N D L O D G E F O P J O U R N A L • O C T O B E R 2 0 0 5 3

Chuck CanterburyNational Presidentfopchuck@aol.com

What Does the NationalFOP Do for You?

Treasurer’s Message

4 G R A N D L O D G E F O P J O U R N A L • O C T O B E R 2 0 0 5

Latest News on Social Security Reform

The membership of the FOP designated the repeal of the Windfall EliminationProvision (WEP) and Government Pension Offset (GPO) provisions in current SocialSecurity law at the Biennial National Conference in 1997 as a top legislative priority.Since then, the FOP has played a leadership role in educating Members of Congress andother policy makers about the inequities of the current law for public employees. We hadtremendous progress on this issue in the 108th Congress and initiated an aggressiveeffort to build on this success. Congress is scheduled to recess for the year in October,and while I write this during the August recess and the session has more than a monthremaining, this is an appropriate time to see where we stand and plan for the SecondSession of the 109th Congress.

What is the WEP/GPO? The WEP affects public employees outside the Social Security system that receive a

government pension and also worked other jobs where they paid Social Security taxeslong enough to qualify for retirement benefits. These individuals may face a reduction—as much as sixty percent (60%)—on the Social Security benefits to which they are enti-tled, were it not for their years of public service. Similarly, the GPO offsets the SocialSecurity benefit to which a spouse or widow(er) is entitled by two-thirds of the monthlyamount received by any government pension that they might receive. Both of these pro-visions are unfair and hurtful to public employees, and both have a disparate impact onlaw enforcement officers because of the unique nature of public safety work.

What has the FOP done to date to repeal these pro-visions?

For the past several Congresses, the FOP has worked with Representative Howard L.“Buck” McKeon (R-CA) and Senator Dianne Feinstein (D-CA) on legislation entitled theSocial Security Fairness Act, which would repeal the WEP and GPO. In the currentCongress, the bill numbers for this legislation are H.R. 147 in the House and S. 619 inthe Senate. We have made tremendous progress building support for this legislation inthe previous and current Congress. More Members of Congress are aware of these pro-visions and now recognize just how unfair their application is to public employees, par-ticularly to law enforcement and other public safety officers. Capitol Hill lawmakers rec-ognize the leadership and expertise of the FOP on this issue and have had NationalPresident Chuck Canterbury testify twice before the House Subcommittee on SocialSecurity in the 108th Congress, and again in June of this year.

One of the chief challenges in our advocacy efforts has been that many Members ofCongress and members of the FOP do not understand how the WEP and GPO provi-sions are applied and, in some cases, may be unaware that they are or will be affected.Even the Social Security Administration does not have an accurate count of the numberof public employees affected and estimates that they are paying benefits to individualswho should be affected by WEP or GPO. One of the results of the FOP’s work on SocialSecurity reform in the previous Congress recently went into effect: a provision proposedby the FOP was included in H.R. 743/PL 108-203, the Social Security ProgramProtection Act. The law requires State and local government employers to disclose theeffect of the WEP and GPO to all employees hired on or after January 1, 2005, in jobsnot covered by Social Security, and also requires these newly hired public employees tosign a truth in retirement disclosure form, SSA-1945 (which can be found on the SSAweb site at http://www.socialsecurity.gov/form1945). This document, which reflects muchof the FOP’s input, will help to empower newly hired employees understand that theirbenefits may be impacted when the time comes for their retirement and, hopefully, it willgalvanize them to work now to change the law and repeal these inequitable reductions.

A second provision aimed at increasing the awareness of the effects that theWEP/GPO will have on current employees will go into effect in January 2007. The lawmentioned above also requires that the SSA include in its annual account statement amore complete explanation of the maximum potential benefit reductions that may affect

public employees who receive a government pensionbased on employment that is not subject to SocialSecurity payroll taxes. These victories laid thegroundwork for our current efforts in the 109th

Congress to get these provisions repealed.

What is the FOP doing now toenact H.R. 147/S. 619 and whatcan FOP members do to help?

As I mentioned above, National PresidentCanterbury testified before the House Subcommitteeon Social Security in June of this year about the FOP’s position on the WEP and GPO.As a result of that testimony, the FOP’s efforts to win cosponsors on H.R. 147/S. 619increased dramatically. At this writing, H.R. 147 has two hundred and eighty-two (282)cosponsors—well over a majority of the House and only eight (8) short of a two-thirdsmajority. According to the FOP’s Weekly Legislative Update, there are twenty-five (25)Members of Congress from fifteen (15) different States who cosponsored this measurein the previous Congress, but have not yet done so in this Congress. Our local and StateLodges need to target these Members and ask them to again show their support for theFOP by cosponsoring one of our top priorities.

Similarly, S. 619 has twenty-three (23) cosponsors in the Senate, only seven (7) shortof our final total for the 108th Congress. But we have nine (9) Senators from nine (9) dif-ferent States who previously cosponsored this bill, but have not yet signed on again.They are: Senators George Allen (R-VA), Evan Bayh (D-IN), Jim Bunning (R-KY),Michael Crapo (R-ID), Lindsay Graham (R-SC), James M. Jeffords (I-VT), LisaMurkowski (R-AK), Harry Reid (D-NV) and Deborah Stabenow (D-MI). Our local andState Lodges need to reach out to these Senators and ask them to support this impor-tant bill.

While our chief focus is on a full repeal of the WEP and GPO, the FOP has alsoworked with Representative Kevin Brady (R-TX) and Senator Kay Bailey Hutchison (R-TX) on H.R. 1714/S. 866, the Public Servant Retirement Protection Act, which wouldrepeal the WEP and replace it with an individualized calculation of Social Security work-er benefits based on an individual’s entire work history. This is a compromise bill—it doesnot address the GPO at all and there would still be a benefit reduction formula, but onebased on an individual’s actual work history, not just an arbitrary formula. The legislationis both a first step in correcting the inequity of current law and represents a commend-able compromise between those who justly believe that public employees are beingtreated unfairly and those who are concerned about the potential fiscal consequences ofrepealing the WEP. The FOP will continue to support this legislation, but we will keep oureye on the ball—which is the full repeal of both the WEP and GPO.

What’s the outlook for passage?At the beginning of the current Congress, President Bush pushed the Congress to

consider Social Security reform. Our efforts were geared to making sure that our inter-ests—the repeal of the WEP and GPO—would be included in any Social Security pack-age reform that Congress considered. To date, reluctance by Congress and some trepi-dation expressed by the American electorate have slowed the drive for legislative reform,so our efforts in the Second Session of the Congress will be geared toward pushing ourbill as a stand-alone measure and not part of a larger reform package.

As with any legislative advocacy effort, the involvement of our members at the grass-roots level is key! If FOP members are engaging themselves on this issue—even if theyare not directly affected by current law—and we can bring to bear the same resolve thatwe did in the years we spent working on H.R. 218, then we can expect the same result,and bring home another victory for rank-and-file law enforcement officers.

Tom PenozaNational Treasurertomfop@aol.com

In the wake of thecrisis caused by Hurr-icane Katrina, I havewitnessed firsthand theoutpouring of supportour brothers and sis-ters have to offer. Ican’t thank each of youenough for your will-ingness to assist theLouisiana State Lodgeand St. Charles Parish.

It was an honor tohost the 57th BiennialNational Conferenceand I want to thank thedelegates for allowingme to serve anotherterm as National Sec-

retary. I hope everyone enjoyed the sights and scenes ofthe great city of New Orleans. Our city needs your supportmore than ever now. We have a long road ahead of us, butwe will rebuild. I hope, as you look back at the images ofConference, you will keep this city and the gulf coast regionin your thoughts. All of your donations and assistance willhelp New Orleans become a great city once again.

The following Resolutions were passed at the 57thBiennial National Conference. Please read them carefullyas they are now part of the FOP’s regulations and rules.

RESOLUTION NO. 1

WHEREAS: The Board of Trustees of the Grand LodgeFOP maintains that all lodges shall be incompliance with the Constitution and By-Laws as well as all edicts, policies, anddirectives of the Grand Lodge; and

WHEREAS: The President and Vice President haveappointed a Compliance Committee in ac-cordance with Article 9, Section 3 and Article11, Section 1, respectively, of the Consti-tution; and

WHEREAS: The Compliance Committee, has beencharged with ensuring the compliance of alllodges in the organization;

NOW, THEREFORE, BE IT RESOLVED: That the Com-pliance Committee, at the direction of theNational President and the National Board ofTrustees, set requirements for complianceand conduct audits to determine that lodgesremain in compliance. The Committee willalso maintain records of each lodge havingmet these compliance requirements; and

BE IT FURTHER RESOLVED: That the ComplianceCommittee report to the Board of Trustees asto the status of lodges regarding compliance.Compliance requirements shall become partof the Standing Rules of this organization.Lodges not in compliance may be deemed tobe “not in good standing” and subject to Article23, Sections 1 and 2 of the Constitution.

RESOLUTION NO. 2

The following Resolution was proposed by the NationalLegislative Committee of the Grand Lodge.

WHEREAS: The United Mexican States have endan-gered the lives and safety of law enforce-

ment officers in the United States of Americabecause of the Mexican Government’s fail-ure to abide by the 1978 Extradition Treatybetween Mexico and the United States; and

WHEREAS: Article 1, Section 1 of the Extradition Treatystates that “The Contracting Parties agree tomutually extradite, subject to the provisionsof this Treaty, persons who the competentauthorities of the requesting Party havecharged with an offense or have found guiltyof committing an offense, or are wanted bysaid authorities to complete a judicially pro-nounced penalty of deprivation of liberty foran offense committed within the territory ofthe requesting Party”; and

WHEREAS: The Extradition Treaty permits the Govern-ment of Mexico to refuse to extradite incases where the death penalty is beingsought, but no provision of the Treaty,expressed or implied, permits the Govern-ment of Mexico to refuse to extradite incases where life imprisonment without thepossibility of parole is being sought; and

WHEREAS: For this reason, criminals who have commit-ted or are accused of committing the mostserious and heinous offenses, those punish-able under United States law by death or lifeimprisonment without the possibility ofparole, which include the murder of a policeofficer, escape justice by fleeing to theUnited Mexican States; and

WHEREAS: The Grand Lodge FOP, maintains that theprimary responsibility of all elected publicofficials is the protection of the citizens of theUnites States from all enemies, both foreignand domestic; and

WHEREAS: No individual or foreign power has the rightto endanger the lives of the citizens of theUnited States or the law enforcement offi-cers sworn to serve and protect their fellowcitizens; and

WHEREAS: The Extradition Treaty was made betweenthe United Mexican States and the UnitedStates of America in full accord with ArticlesII and VI of the United States Constitution,the Supremacy Clause of which gives the fullforce of law to the precepts of the Treaty andbinds the United States Government thereto;and

WHEREAS: The failure of the Mexican Government toabide by the Treaty is an affront to the sover-eignty of the United States and a danger tothe lives of its citizens; and

WHEREAS: The failure of the United States Governmentto enforce the Treaty or to impose sanctionson the United Mexican States for its non-compliance also jeopardizes the lives andsafety of the citizens of the United Statesand the law enforcement officers at everylevel of government in every region of thecountry who put their lives on the line to pro-tect and defend their fellow citizens;

NOW, THEREFORE, BE IT RESOLVED: That the dele-gates here assembled at the Fifty-SeventhBiennial National Conference in NewOrleans, Louisiana, hereby urge that thePresident of the United States and theUnited States Congress take any and allmeasures necessary to enforce the 1978

Extradition Treaty made between the UnitedMexican States and the United States ofAmerica, including, but not limited to the can-cellation or renegotiation of the ExtraditionTreaty to ensure that those who commitcrimes of violence in the United States areextradited and prosecuted under the laws ofthe United States; and

BE IT FURTHER RESOLVED: That in recognition of thefailure of the Mexican Government to abideby the 1978 Extradition Treaty, the delegateshere assembled at the Fifty-SeventhBiennial National Conference in NewOrleans, Louisiana, urge that the Presidentof the United States and the United StatesCongress impose immediate sanctions onthe Government of Mexico, including, but notlimited to, rescinding all financial aid andsupport to that Government and any and allbenefits to that Government under the NorthAmerican Free Trade Agreement.

RESOLUTION NO. 4

WHEREAS: The safety and welfare of law enforcementofficers is a high priority of the FOP. The FOPrecognizes that the chance that a lawenforcement officer would survive an armedgunman significantly increases when theyare wearing body armor; and

WHEREAS: There exists no conclusive research todetermine the exact effects age and wearhave on ballistic panels in body armor prod-ucts that are available in the market; and

WHEREAS: The body armor manufacturers have anindustry standard of providing a 5-year war-ranty or the warranty period for their prod-ucts;

NOW, THEREFORE, BE IT RESOLVED: That no lawenforcement officer should wear a bodyarmor vest that is greater than 5 years old.The FOP recommends that all law enforce-ment agencies adopt a policy that ballisticvests shall be replaced within five years ofthe date of manufacture or within the warran-ty period; and

BE IT FURTHERED RESOLVED: That U.S. AttorneyGeneral Alberto R. Gonzales require theNational Institute of Justice (NIJ) to continueresearch into the effects that age and wearhave on all body armor products. The FOPrecommends that this research become atop priority for the NIJ; and

BE IT FURTHER RESOLVED: That all body armor manu-facturers fully participate and cooperate withall research conducted by the NIJ. The FOPrecommends that all body armor manufac-turers insure that their products are capableof meeting the advertised threat level for theentire 5 year life, or warranty period, of theballistic panels.

RESOLUTION NO. 5

The following Resolution was proposed by the NationalLegislative Committee of the Grand Lodge, FOP.

WHEREAS: There are over 750,000 Federal, State and

Secretary’s Message

G R A N D L O D G E F O P J O U R N A L • O C T O B E R 2 0 0 5 5

Patrick YoesNational Secretarynationalsecretary@grandlodgefop.org

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July 31 – August 4, 2005

57th Biennial Natio

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The National staff prepares for a full day of registering delegates.

The stage is set for the business sessions.

Runner crosses the stage in the TorchRun for Special Olympics.

Delegates listen as President Canterbury conducts the businessof the FOP.

There was definitely a Washington presence at the 57th Biennial Conference. Secretary of LaborElaine L. Chao and Attorney General Alberto Gonzales both addressed the delegates.

Jerry W. Atnip was namedthis year’s FOP Man of theYear. Leo Marchetti present-ed Shirley Atnip and herfamily with the Jack DudekMember of the Year Award.

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onal ConferenceNew Orleans, LA

Officers killed in the line of duty in 2004 were honored atthe Memorial Service held on Monday, August 1.

President Bush sends his greetings via videofeed.

Flag flown on a mission over Iraq was presentedto President Canterbury from the Misfits BravoCompany, 1st Battalion 150th Aviation Regiment,42nd Infantry Division of the U.S. Army NationalGuard for donations of over 600 soccer balls forthe Iraqi children.

Officers John Garcia and Josh Otzenberger ofthe Albuquerque Police Department received theaward from IACP/Dupont-Kevlar Survivors Club.

NASCAR was a big hit at EXPO ’05.

Presedent Canterbury presents the 2005 SteveYoung Fraternal Order of Police Easter SealsHumanitarian Award to Bill Nolan.

Delegates applaud comments made by LindseyConnelly, Easter Seals 2005 Youth Representative.

Your new Executive Board for2005-2007 (pictured left to

right): Sergeant-at-ArmsFrank Gale, Second Vice

President Mike Taylor,President Chuck Canterbury,

Vice President Dave Hiller,Treasurer Tom Penoza and

Secretary Patrick Yoes.Not pictured: Chairman of the

Trustees Mike Burnett.

Vivid R

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local law enforcement officers across theUnited States of America; and

WHEREAS: Each of these brave men and women placetheir lives on the line every day to protecttheir communities from the scourge of drugsand crime; and

WHEREAS: Since the heinous terrorist attacks ofSeptember 11, 2001, America’s law enforce-ment officers have been given the additionalburden of serving as the first line of defenseagainst domestic terrorism, and against anenemy who will stop at nothing to inflict asmuch harm on as many innocent civilians aspossible; and

WHEREAS: Our nation’s law enforcement officers areasked to perform these dangerous newduties with often inferior or outdated equip-ment, work countless hours of overtime inthe face of chronic staffing shortages, andconstantly scrape to find the resources nec-essary to fund critical homeland securityneeds; and

WHEREAS: Given the recent terrorist attacks in London,it is at variance with common sense andabhorrent to public policy to consider cuts toour terrorist defenses at a time when the riskof a terrorist attack is at its highest levelssince 9/11; and

WHEREAS: Members of the U.S. Congress bear the ulti-mate responsibility to ensure that ournation’s security needs are prioritized,addressed, and funded; and

WHEREAS: The FOP is the nation’s largest law enforce-ment labor organization in the United States,with more than 321,000 members in 43State Lodges, and over 2,100 local lodges;

NOW, THEREFORE, BE IT RESOLVED: That the dele-gates here assembled at the Fifty-SeventhBiennial National Conference in New Or-leans, Louisiana, do hereby encourage eachState and local lodge, in determining theirendorsement of candidates for Federaloffice, to take into consideration a candi-date’s or incumbent’s position on these vitalissues of homeland security policy and fund-ing—and, in case of incumbents, that thesepositions can be adequately documented inthe form of votes and co-sponsorship ofrelated legislation; and

BE IT FURTHER RESOLVED: That in each instanceregarding an incumbent Member of Congressseeking endorsement, State and local lodgesshould give particular weight to aRepresentative’s or Senator’s entire votingrecord on the full range of homeland securityand law enforcement issues—whether onquestions related to our nation’s military; addi-tional funding for Federal, State and local lawenforcement; new authorities to fight terrorismat home or abroad, or other related issues—designed to keep America safe and free.

RESOLUTION NO. 6

The following Resolution was proposed by the NationalLegislative Committee of the Grand Lodge.

WHEREAS: Many of the most popular video games avail-able today glorify drug use, prostitution, vio-

lence, and criminal gang activity, includingmurder and sexual assault; and

WHEREAS: Many of these games also reward killing lawenforcement officers within the context of thegame environment; and

WHEREAS: The increased use of violence and otherexplicit material in video games marketed toand played by minors has been studied andshown to increase violent behavior in ado-lescents and young adults; and

WHEREAS: In June 2003, two teenagers, ages 14 and16 told the law enforcement officers thatarrested them that they took shotguns, got ina vehicle and drove down the street random-ly shooting at cars and people, resulting inthe death of a 45-year-old man, and an injuryto a 19-year-old girl because they were try-ing to reenact scenes from one of these vio-lent video games; and

WHEREAS: Law enforcement officers are justified inbeing concerned that these video games willlead to decreased respect for law enforce-ment officers and may lead to an increase ofviolent assaults on law enforcement officers;

NOW, THEREFORE, BE IT RESOLVED: That the dele-gates here assembled at the Fifty-SeventhBiennial National Conference in New Or-leans, Louisiana, hereby urge that the mem-bers of the Grand Lodge FOP, its Auxiliaryand Associate Lodges, their friends and fam-ilies, undertake appropriate activities, up toand including product boycotts, to conveythe concerns and displeasure of the lawenforcement community with the violent andother explicit content of these video gamesto the manufacturers, retailers, and con-sumers of these products.

RESOLUTION NO. 8

WHEREAS: 154 officers were struck down in the streetsof America in 2004; and

WHEREAS: Nine of these died in Alabama making it thefifth deadliest state in which to serve as a lawenforcement officer last year; and

WHEREAS: Three of these officers—these heroes—were killed in the City of Birmingham,Alabama, on the same day by the same per-son, while attempting to serve a warrant; and

WHEREAS: These three officers were Carlos Owens,Harley Chisholm, and Robert Bennett; and

WHEREAS: Carlos Owens was 58 years old and is sur-vived by his wife and five children, ninegrandchildren, and was a 26-year veteran ofthe Birmingham Police Department; and

WHEREAS: Harley Chisholm was 40 years old and issurvived by his wife, mother, four sisters anda brother and was a six-year veteran of theBirmingham Police Department; and

WHEREAS: Robert Bennett was 33 years old and is sur-vived by his wife and daughter and was afour-year veteran of the Birmingham PoliceDepartment; and

WHEREAS: These three officers died doing what wasasked of them; and

WHEREAS: These three officers were shot and killed incold blood by Kerry Spencer with an auto-matic SKS Chinese assault rifle at closerange; and

WHEREAS: Kerry Spencer later surrendered to a tactical

team, like the coward he is, in order to avoidthe possibility of being killed himself; and

WHEREAS: Kerry Spencer was tried and convicted in acourt of law in Birmingham, Alabama, onthree counts of capital murder and one countof attempted murder of a police officer for anassault on another officer during the sameevent; and

WHEREAS: The jury in this case recommended a sen-tence of life without parole; and

WHEREAS: This recommendation falls far short of beingcommensurate of the crime committed andfalls far short of being justice; and

WHEREAS: A lack of resolve to respond in a more forcefulway to the mass murder of law enforcementofficers may embolden criminals and makemembers of law enforcement less safe;

NOW, THEREFORE, BE IT RESOLVED: That the GrandLodge FOP, representing over 321,000police officers across this great and freenation here assembled in New Orleans,Louisiana, at the 57th Biennial NationalConference on this date of August 3, 2005,call on the Judge in this case, the HonorableC. Tommy Nail, to override the jury recom-mendation, as state law allows, and toimpose the proper and maximum penalty ofdeath on Kerry Spencer for the premeditatedmurders of these three heroes, therebysending a message to the criminal elementacross this nation that we will not tolerateanyone killing a police officer in this state orany other state.

RESOLUTION NO. 9

A resolution directing the Grand Lodge FOP and the GrandLodge Legislative Committee to seek Federal Legislationto set up Tax Deferred Flexible Spending/ Health SavingsAccounts within our pension funds.

WHEREAS: The FOP was formed to protect the benefitsand working environment of its membersand all law enforcement officers; and

WHEREAS: The FOP has led the way in drafting and get-ting legislation introduced and passed to fur-ther protect the retirement benefits of lawenforcement officers; and

WHEREAS: The insurance costs for retirees haveincreased dramatically; and

WHEREAS: Active police officers have the ability to takeadvantage of flexible spending/health sav-ings accounts through the current IRS taxstructures; and

WHEREAS: Those retirees that receive a taxable pen-sion and also pay monthly premiums for theirinsurance and health care costs do not cur-rently have the ability to participate in a pro-gram to shield these premiums as taxableincome;

NOW, THEREFORE, BE IT RESOLVED: That the dele-gates here assembled at the 57th BiennialNational Conference in New Orleans, Louis-iana, do hereby direct the Grand Lodge FOPand the Grand Lodge Legislative Committeeto seek Federal Legislation and IRS interpre-tations to allow Tax Deferred FlexibleSpending/ Health Savings Accounts for re-tirees receiving benefits from our pensionfunds.

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SAMHSA Announces New Suicide Hotline

The U.S. Department of Health and HumanServices’ Substance Abuse and Mental HealthServices Administration (SAMHSA) recently launchedthe National Suicide Prevention Lifeline 1-800-273-TALK. The national hotline is part of the NationalSuicide Prevention Initiative (NSPI)—a collaborativeeffort led by SAMHSA that incorporates the best prac-tices and research findings in suicide prevention andintervention with the goal of reducing the incidents ofsuicide nationwide. In addition to the national hotline,SAMHSA launched a new web site: www.suicidepre-ventionlifeline.org.

In the United States, suicide currently is the 11th

leading cause of death among all age groups,accounting for approximately 30,000 deaths annually.More than 109 crisis centers in 42 states currentlyparticipate in the National Suicide PreventionLifeline. SAMHSA is committed to working with stateand local organizations, such as the Mental HealthAssociation of New York City, the National Assoc-iation of State Mental Health Program Directors, andcommunity crisis centers, to expand the availability ofsuicide prevention and intervention services.

The National Suicide Prevention Lifeline is fund-ed by a 3-year $6.6 million grant from SAMHSA’sCenter for Mental Health Services, which has beenawarded to the Mental Health Association of NewYork City and its partners—the National Associationof State Mental Health Program Directors, ColumbiaUniversity and Rutgers University. The NationalSuicide Prevention Lifeline is a network of local cri-sis centers located in communities across the countrythat are committed to suicide prevention. Callers tothe hotline will receive suicide prevention counselingfrom trained staff at the closest certified crisis centerin the network. A nation-wide public education cam-paign to raise awareness about suicide and thenational hotline is under development.

SAMHSA, a public health agency within the U.S.Department of Health and Human Services, is the lead fed-eral agency for improving the quality and availability of sub-stance abuse prevention, addiction treatment and mentalhealth services in the United States.

Program News

The capabilities of the FOP’s new online infor-mation system were demonstrated in August at theFOP National Conference in New Orleans. Mem-bers ranging from new delegates to lodge secre-taries reported their excitement about the capabili-ties of the new system. More than 400 FOP mem-bers also took the opportunity to sign up for newFOP.net e-mail accounts. “Of those who visited thebooth, the comments I got were positive andshowed a genuine interest in how the system wasgoing to be helpful to them,” said P.J. Haley, DataEntry Specialist for the FOP.

FOP E-mailMembers and lodges were able to register for

new free FOP e-mail accounts. The FOP is nowable to provide free e-mail service to all of its320,000 members. You can sign up by e-mail.Registrants may choose their own user names,with all addresses ending in “@fop.net.” To sign upfor an fop.net e-mail account, send Andrew Bittneran e-mail (abittner@fop.net) with the followinginformation:

• Your name and FOP member number.• Your current e-mail address, which Andrew

will use to send you your new e-mailaddress and password.

• The e-mail username you would like to use(example: username@fop.net). Pleasesend three possible choices in case yourfirst or second choice is already in use byanother member.

• The password you would like to use.

If you have any questions, please send an e-mail toabittner@fop.net.

Labor InformationThe new labor services information system,

which will enable lodges to prepare for negotiationswithout having to contract someone outside theFOP for assistance, is well on its way to wide-spread availability. Members who learned aboutthe system’s capabilities at the National Con-ference said they were impressed. “Most of thepeople I talked to seemed amazed simply by theamount of information we’re compiling in oneplace,” said Amy Griffith, Department of LaborServices (DLS) Researcher. “This sort of researchrequires a lot of time and background knowledge,and the people I talked to seemed excited that wecan simplify that process for them.”

Users of the system will be able to identify lawenforcement departments similar to their own usingany demographic criteria they choose, such aspopulation size, officers per capita, crime per capi-ta, and geographic vicinity. They will be able to

view and compare contract data for the depart-ments they select, and view their findings inexhibits suitable for displaying during bargainingsessions. Polished, professional exhibits are gen-erated instantly.

Ruth Beard, Assistant to the Director of LaborServices, was a demonstrator of the informationsystem at the National Conference. “Of course theywere impressed with the sample reports,” Beardsaid. “You could see the wheels turning when thereport was explained to them. They could see thepossibilities. Comments were made about thethousands of dollars they currently pay to obtainthis same information.” The system will also con-tain briefs of legal cases that affect law enforce-ment officers, a searchable FLSA compliance data-base, and information about legal and laborexperts across the country.

Access to the system will be available by payinga subscription fee, which will cover the cost ofkeeping contract and legal information up-to-date—no small task, considering that the systemwill include contract data for virtually every lawenforcement agency in the nation. For informationabout subscribing contact Rick Weisman, Directorof Labor Services, at fopdls@aol.com.

Member ManagementThe FOP’s new online member management sys-

tem is currently in use by the Grand Lodge manage-ment staff, and will be enabled in the next few monthsto allow FOP members to update their personal infor-mation from any internet-accessible computer.Hundreds of FOP members who visited the NationalConference demonstration booth experienced thisfeature for themselves, and registered for usernamesand passwords that allowed them to view their FOPrecords and update information as they wished.Allowing members to change their own informationeliminates the need for a number of paper forms,such as address change forms. Lodge leadership willalso have access to lodge management tools, suchas per capita information and complete lodge rosters.

“Secretaries who frequently update membershiprosters really liked it,” Beard said. “Most of the indi-vidual members were interested in the ability tocheck and modify their own information withouthaving to fill out paperwork,” Haley said. “Most ofthe secretaries and presidents were also interestedin the membership side of the site. Those officersfrom new or smaller lodges especially were veryexcited about the prospects of being able to usethis system.”

Questions and comments regarding the new informa-tion system should be directed to the DLS atfopdls@aol.com.

INFORMATION SYSTEM UPDATEBy Treasurer Tom Penoza, Labor Chairman Tim Mullaney and Labor Services Staff

Law Enforcement Access to SpectrumIn July, the FOP weighed in with Representative Joe Barton (R-TX), the Chairman of the

Committee on Energy and Commerce, to offer our support for his efforts to set a “hard date” for thetransfer of 24MHz of spectrum on the 700MHz band to public safety. In 1997, with the FOP’s sup-port, Congress granted public safety access to this portion of spectrum under the Balanced BudgetAct of 1997. The law directs the Federal Communications Commission (FCC) to authorize broad-casters currently occupying the spectrum to remain there until 2006 or until eighty-five percent (85%)of the homes had digital television. Yet, as we near the 2006 deadline, industry experts maintain thatthe arbitrary 85% saturation level will not be reached at any time in the near future.

This issue cannot wait—the speed and clarity of communications is critical for law enforcementand other public safety officers, who must respond quickly in an emergency. The ability to commu-nicate and transmit information to officers on the scene can often mean the difference between lifeand death. For example, certain technologies, such as video transmission, real time informationfrom experts in another location, instantly sending or receiving a photograph of a missing or abduct-ed child, live video of evidence to speed analysis, building blueprints, hazardous material data andother critical information, all require the use of this spectrum. Unless the spectrum that Congressalready allocated to public safety is cleared by the small broadcast television services which aretransitioning to digital television, these technologies will remain unavailable to first responders serv-ing in areas where more than fifty percent (50%) of our nation’s population lives and works.

The addition of access to the 700MHz band will greatly complement the recent FCC Order imple-menting the Consensus Plan to address the growing problem of interference—garbled, fuzzy orblocked calls in 800MHz public safety radio systems. This interference, which occurs because pub-lic safety channels are intermingled among and adjacent to commercial channels, has beenaddressed by the FCC, and the FOP was proud to have played a leadership role in the issuance ofthe Order. In devising the Consensus Plan to address the issue of interference on the 800MHz band,law enforcement and other public safety officials operated with the knowledge that we would gainadditional access to 24MHz of spectrum on the 700MHz band, which would place the majority ofpublic safety communications on adjacent channels. It is our hope that, following the reconfigurationof the 800MHz band, coupled with the increased access to 24MHz of spectrum on the adjacent700MHz band, incidents of interference and other communications difficulties will virtually disappear,giving law enforcement and other public safety officers safe, secure, and reliable communication.

In our analysis, the current occupants of the spectrum designated for use by public safety are like-ly to remain there unless Congress sets a hard deadline for them to vacate it. We have urgedCongress to set a hard date for this spectrum to be released. At this writing, language is being float-ed for inclusion into the as-yet to be written budget reconciliation bill.

Social Security Reform: H.R. 147/S. 619“Social Security Fairness Act”

The National Legislative Office is committed to reach a two-thirds majority in the House for H.R.147 before Congress adjourns for the year and for adding to our growing list of cosponsors in theSenate. National Treasurer Penoza’s article this month provides an excellent analysis of the currentstatus of this critically important issue.

News from the Hill

Legislation

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Jim PascoExecutive Directorjpasco@grandlodgefop.org

It has been an extremely busy summer here on Capitol Hill, and the National Legislative Office is preparing for the returnof Congress from its August recess. At this writing, Congress is expected to adjourn for the year before the end of October,after completing action on all or almost all appropriations measures. We also expect that the Senate will vote on and con-firm Judge John G. Roberts, Jr., whom the FOP has endorsed, for an appointment to the U.S. Supreme Court and forCongress to pass legislation reauthorizing the USA PATRIOT Act before adjournment. In addition to a report on the progresswe have made on the USA PATRIOT Act, we have included a brief analysis of other legislative issues which Congress mayaddress before the close of the first session.

Reauthorization of theUSA PATRIOT Act

The House of Representatives considered and passedH.R. 3199, the “USA PATRIOT and Terrorism PreventionReauthorization Act,” by a 257-171 vote on July 21. Thelegislation as passed makes fourteen (14) of the expiringsixteen (16) provisions permanent, and subjects the tworemaining provisions—roving wiretaps and businessrecords acquired under Section 215 of the original USAPATRIOT Act—to a ten year sunset.

The House considered eighteen (18) amendments andadopted seventeen (17). Among them was an amend-ment which added the text of the FOP-supported H.R.1544, the “Faster and Smarter Funding for FirstResponders Act,” which would require the Department ofHomeland Security to allocate homeland security assis-tance funds to States or regions based upon risk.

The same week that the House passed H.R. 3199, theSenate Committee on the Judiciary marked-up S. 1389,the “USA PATRIOT Improvement and ReauthorizationAct,” and passed an amended version of the bill on an18-0 vote. The legislation is similar to the House billdescribed above, and makes permanent fourteen (14) ofthe sixteen (16) provisions set to expire at the end of thisyear, but would allow the roving wiretap authority and theauthority to acquire business records under Section 215to expire at the end of 2009. In addition, S. 1389 wouldset a 2009 expiration date for a provision to the USAPATRIOT Act’s so-called “lone wolf” provision, i.e., sur-veillance inside the United States of suspected terroristswho have no known ties to a foreign power.

The Senate took up H.R. 3199 on the floor on July 29,amended it with the language of S. 1389 as reported byCommittee, and passed it by unanimous consent. The billwill now go to a conference committee to reconcile thetwo versions of the bill.

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Police Representing Police

Labor

The FOP had been working with Senators Jon Kyl (R-AZ) and Mark Pryor (D-AR) for several months prior to theintroduction of S. 1605 just before the August recess. Thebill proposes to increase the penalties for threats and vio-lence against law enforcement officers, judges, and court-room personnel. The FOP is particularly supportive of thebill’s provision with respect to making the murder orattempted murder of a law enforcement officer employedby an agency that receives Federal funds a capital offense.In this way, the bill will close a loophole in current law underwhich the killing of a State or local law enforcement officeris a capital offense only if that officer was actively servingon a Federal task force, was directly involved in a Federalinvestigation, or came to the aid of a Federal law enforce-ment officer.

The legislation would also impose time and other sub-stantive limits on Federal courts’ review of habeas corpuspetitions challenging a State court conviction for killing alaw enforcement officer, judge, or other public safety offi-cer. Specifically, the bill would require that, following thecompletion of State court and U.S. Supreme Court certio-rari reviews, district courts review cases within fifteenmonths and circuit courts rule within 120 days. This meansthat, absent the granting of a full review of the case by theU.S. Supreme Court, Federal review of these killers’appeals would be completed, in most cases, within a twoyear period.

The bill also incorporates an existing provision of theFederal habeas statute that is used to determine whethera defendant may file a successive petition or seek a newevidentiary hearing in Federal court. So, for example, oncea convicted cop-killer’s case arrives in Federal court, theywould only be able to either offer new evidence of inno-cence or give a good reason why the defense failed topresent such evidence earlier, thus barring defendantsfrom simply relitigating evidence that already was present-ed or should have been presented at trial.

The legislation also includes language that would limit theamount of damages that a criminal defendant could recov-er as a result of injuries that the criminal incurred in thecourse of committing or being apprehended for a felony ora crime of violence. The bill would allow only for the recov-ery of actual losses—medical expenses, lost wages, prop-erty damage, or other tangible loss—and be prohibited fromsuing a law enforcement officer for punitive damages, emo-tional harm, other intangible damages, and attorney’s fees.We believe that this will help reduce the increasing numberof frivolous lawsuits filed against individual officers by crimi-nals who allege injury during their apprehension.

The bill also includes a section that would create a newFederal criminal offense prohibiting persons from makingavailable on the Internet restricted personal informationconcerning judges, law enforcement and other publicsafety officers, jurors, witnesses or other officers in anyUnited States Court. Vindictive criminals, or anyone withan axe to grind “against the system” who can gain accessto the home addresses, phone numbers, personal e-mailaddresses, and Social Security numbers of these publicservants endanger not only the officers themselves, butalso their co-workers, family, and neighbors.

Section 8 of the bill will be of greatest interest to FOPmembers, as we helped craft language to make minorchanges to the Law Enforcement Officers’ Safety Act(LEOSA), more popularly known as “H.R. 218,” to addressthe problems we have experienced to date in getting thelaw implemented at the State and local level. Specifically,the bill would:

• reduce the aggregate years of service necessary tomeet the definition of qualified retired law enforce-ment officer from fifteen (15) to ten (10);

• eliminate the provision in current law that requiresa qualified retired law enforcement officer to have a“nonforfeitable right to benefits under the retire-ment plan of the agency”; and

• eliminate the provision in the definition section ofthe current code that requires an officer to meet theState’s standards for active law enforcement offi-cers to carry firearms every 12 months.

The fourth and most important of the amendmentsaddresses the problems that qualified retired law enforce-ment officers have encountered in States which havefailed to implement the LEOSA as intended by Congress.Under current law, qualified retired law enforcement offi-cers must carry the photographic identification issued bythe agency for which they were employed and documen-tation which certifies that they have met, within the mostrecent twelve month period, the active duty law enforce-ment standards for qualification for a firearm of the sametype as the one they intend to carry. This document mustbe issued by the retired officer’s former agency or theState in which he lives. Right now, States which have not,or have refused, to adopt a procedure or mechanism forretired officers to qualify with their weapon are effectivelypreventing retired officers within their State from beingable to carry their firearms legally as Congress intended.

To address this problem, the bill adds a new paragraphto 18 USC 926C, which creates the exemption from Stateand local prohibitions on the carrying of concealed firearmsfor qualified retired law enforcement officers. The new para-graph would allow photographic identification issued by anyState agency, such as a driver’s license, and a documentissued by the State that certifies that the officer is authorizedby the laws of that State to carry a concealed firearm, suchas a concealed carry weapons (CCW) permit. This meansthat, if passed, retired officers in States or localities whichhave not properly implemented the law will still be able tocarry legally under Federal law if they have the photograph-ic identification issued by their former agency, a State-issued drivers’ license, and a CCW permit from their Stateof residence. Additionally, in States which “do not provideobjective and mandatory standards for the issuance” ofCCWs, any certification that the retired officer has complet-ed a “firearms safety or training course for security guardsor investigators” will also satisfy the law’s requirements.

It is our hope that these changes will help to resolvemany of the problems being experienced by our retiredofficers, either by providing incentive for States to moveforward on implementation or giving retired officers anoth-er way to meet the requirements of the law should Statesrefuse to comply with the LEOSA. This bill was introduceddays before the recess, so no action has been scheduledas of this writing. The FOP has, however, been workingwith the staff of Senators Kyl and Pryor to attract biparti-san support for the legislation and will be working to pushfor consideration of the bill in the Judiciary Committee assoon as is practicable.

That said, this legislation is similar in content to H.R.1751, the “Secure Access to Justice and Court ProtectionAct,” which the FOP has also endorsed and which passedthe House Judiciary Committee in June. The FOP is work-ing with Judiciary Committee staff in the House and theSenate to amend some sections of H.R. 1751 to betterreflect the language and intent of S. 1605.

“Law Enforcement Officers’ Protection Act”S. 1605

DOJ Testing ConfirmsDeficiencies in Zylon Vests

& Provides “Startling Details”At the end of August, the U.S. Department of Justice and

the National Institute of Justice (NIJ) released the ThirdStatus Report to the Attorney General on Body Armor SafetyInitiative Testing and Activities. The report, which is availableat the web site for the Bulletproof Vest Partnership (BVP)grant program (https://vests.ojp.gov), provides strong evi-dence that the effectiveness of Zylon®—a material used inthe manufacture of soft body armor—degrades quickly andseverely compromises the ability of the vest to prevent pene-tration of the ammunition it is designed to stop.

While this is no surprise to the FOP, which first brought thelaw enforcement community’s concerns about Zylon® to theattention of the Justice Department, the details of the ballistictesting on used soft body armor were startling. The NIJ testedmore than one hundred used vests made with Zylon® and, ofthose vests tested, fifty-eight percent (58%) of the vests werepenetrated by at least one round during a six-shot test series.Of the vests that passed penetration testing, ninety-one per-cent (91%) showed excessive “backface deformation,” mean-ing that there was an increased chance of the officer wearingsuch a vest suffering blunt trauma from the shot. Only four (4)vests met all the performance criteria under NIJ’s standard fornew body armor. According to the NIJ, the degradation ofZylon® is linked to the vest’s exposure to light and moisture—degradation which cannot be detected by visual inspectionand is not necessarily linked to the age of the vest.

The Justice Department has issued a Body ArmorStandard Advisory Notice to alert law enforcement to thepotential risks associated with the use of Zylon® in bodyarmor and has adopted new interim requirements for its bodyarmor compliance testing program. Body armor that does notmeet this standard will be ineligible for purchase through theBVP program. The Department recommends that lawenforcement agencies and officers purchase only bullet-resistant body armor models that comply with its new interimrequirements, especially if their existing armor containsZylon®. A list of body armor models that comply with the newrequirements will be made available at http://www.justnet.org.To help agencies replace Zylon®-based vests currently inservice, the Department has provided an additional $10 mil-lion to the $23.6 million already available to law enforcementthrough the program.

The FOP will continue to be engaged in this issue and workwith the Department and NIJ to develop new standards forsoft body armor that will include testing protocols for veststhat are in service, so that officers in the field can have confi-dence that their vest will protect them for the duration of theproduct’s warranty period.

The FOP strongly urges that officers continue to wear theirsoft body armor, even if the vest is made with Zylon®.

DO NOT STOP WEARING YOUR VEST!!!

FOP members and other officers are encouraged to visit theweb site of the Bulletproof Vest Partnership Grant Program andBody Armor Safety Initiative: http://www.ojp.usdoj.gov/bvpbasi.

The site provides a great deal of valuable information,including the full text of the Third Status Report to theAttorney General on Body Armor Safety Initiative Testingand Activities (as well as an Executive Summary and FactSheet), the NIJ Body Armor Standard Advisory Notice #01-2005, and the NIJ 2005 Interim Requirements for Bullet-Resistant Body Armor.

Last month’s “PAC Heat” raffle contest was a huge success—491 entrieswere received, raising a total of $4,915. Congratulations to Brother PatrickCurtis of District of Columbia Lodge #1 for holding the winning ticket for thebrand new Beretta 92FS! In addition to the “PAC Heat” fundraiser, six FOP col-lectable shadow box pin sets and a mounted FOP collector’s plate were gener-ously donated to the PAC by former National FOP President Dewey Stokes.These special prizes were raffled off during the National Conference in NewOrleans. Congratulations to these seven lucky members: Jim Gilbert of OhioLodge #9; Sandy Smentana of Delaware Lodge #15; Dennis Shell of KansasCity, Kansas Lodge #4; Elrico Alli of Ohio Lodge #28; Herb Ballister, Jr. of NewJersey Lodge #12; Randy Mason of Michigan Lodge #98; and Dave Hewes ofTexas Lodge #758. Thank you to all who participated in last month’s raffle con-tests!

The NFOP PAC raised over $10,000 in July and during the BiennialConference to help fund our political war chest. However, as President ChuckCanterbury stated at the conference, “We can do better than that.” The PACallows the 321,000 members of the FOP to pool their resources and providecontributions to electoral candidates who support law enforcement. The PAC isstill growing and, with the help of our members, will be an important tool foradvancing the public policy goals of law enforcement officers. FOP membersare encouraged to contribute as much and as often as they can. When the PACgives money to candidates, recognition is obtained for ALL members of the FOP.Recognition is essential for political influence. This helps the FOP be effectiveon a federal level when representing our members’ interests. Members’ contri-butions help the FOP achieve current goals in Washington, as well as protect-ing their interests in the future.

The NFOP PAC is the political action arm of the FOP National Legislative

Office. The NFOP PAC, combined with our grassroots and lobbying efforts,makes us the leading law enforcement advocacy group addressing the con-cerns of rank-and-file law enforcement officers. Your contribution to the NFOPPAC is tangible evidence of your commitment and support of the issues thataffect you. FOP members can voluntarily donate to the NFOP PAC by sending

contributions to: NFOP PAC, 309 Massachusetts Avenue NE, Washington,D.C., 20002. Please include the following information with your contribution:Name, Address, Phone Number, E-mail Address, FOP Lodge Number andMember Number, Occupation and Employer. FOP members with questionsabout the NFOP PAC are encouraged to contact: clallier@grandlodgefop.org.

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National FOP Political Action Committee (NFOP PAC) Announces July Raffle Winners at National Conference

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