The Park Law Enforcement Association Newsletter

SUPPORTING THE THOUSANDS OF PEOPLE KEEPING OUR PARKS & WILDLIFE AREAS SAFE

Volume 5 Winter 2001

President's MessageI don't know where the time has gone but 2000

is in the history books and 2001 is just starting.As I sit at my desk writing this, I'm still in overloadfrom the food-laden parties of Christmas and NewYears. It has been nine months since I hostedthe PLEA Conference in Oakland and took officeas the new president. Much has transpired andI'll try to get you up to date on the current news.

We held our midyear Board of DirectorsMeeting at the NRPA Conference on October 13,2000 while at the NRPA Congress in Phoenix,Arizona. I briefed the elected officers and theBoard Members present of my intended focus formy tenure as president. Here are the items I hopeto accomplish in my term as president.

Our first order of business will be to get ourmembership list current and correct. DigitalGraphiti is the company that is managing ourmembership services and they have spent hoursreviewing old data base information from NRPAattempting to create a usable list. This newsletterwill be mailed to individuals on the current list andwill be our first test of its accuracy. If you are awareof anyone who is a member and does not receivethe newsletter, contact Digital Graphiti at 1 877 -PARK LAW.

Second course of business will be to get thenewsletter back on a regular schedule ofpublication. In a moment of weakness (or possibleinsanity) I advised the Board that I would attemptto be the editor of the newsletter for the next fewyears. Accordingly, I will be working with a newprinter in California which will afford me theopportunity to interact with him regularly. Thecatch in this whole process is that it will not be aninteresting newsletter if all the informationcontained within comes from my overactive andnot-so creative imagination. Please take note that

I'm trying to create a standardformat for the newsletter andprovide opportunity for input fromany and all members. In that effort,expect me to harass you for article informationas much as it is legally possible over the phone,through the mail and over the Internet withoutrising to the threshold of a federal indictment forterrorist threats.

Thirdly will be to get our dues renewal formsmailed out to everyone in the first part of the yearand have them formatted as an invoice. Thisshould help all of you who have your respectiveDepartment's pay for your dues or ward off IRSauditors if you claim it at a business expense onyour tax return. Obviously, having timely mailingsfor membership renewals will ultimately help usmaintain our membership list and assist in ourmaintaining a revenue source that will support theprinting of our newsletter.

Finally, I hope to create a simple budget forthe Association that would project revenue, mainlyfrom dues and conference fees, and accordinglybe related back to Association expenses. In thepast we have received some revenue from thesale of PLEA merchandise and we'll have todecide what merchandise we intend to beavailable in the future.

I know from experience that two years is notthat long of a time to make changes in anyorganization. Therefore, I will be depending onother Board Members and individuals in thegeneral membership for assistance. You cancontact me via E-mail at nlapera@ebparks.org,phone me at (510) 544-3005 or mail meinformation at East Bay Regional Park Police,17930 Lake Chabot Road, Castro Valley, CA94546.

PLEA Officers

Norman LaperaPresidentEast Bay Regional Park Police

Stuart FolandVice PresidentJohnson County Park Police

Larry BrownleeTreasurerMaryland National Capital ParkPolice

Dale ReatherfordSecretaryHamilton County Park District

Board Members

Steve PokrywkaWyandotte County Parks

R. Daniel CroneU.S. Army Corps of Engineers

Dr. Bruce WicksUniversity of Illinois

Stephen W. ThomasCity of Albuquerque

Bill JacobsMinneapolis Park Police

JoAA--R. Brya, Sr.Durham Park Rangers

James LindseyU.S. Park Police

Richard GreerHamilton County Park District

Ralph HaysJohnson County Park Police

Tim CurtinForest Preserve District ofDupage County

L. Nathaniel PinkardMill Creek Metro Park District

State Affiliates

Pennsylvania PLEAJay BrowningLancaster County Parks

Kansas PLEATim NagleJohnson County Parks

Arizona PLEAGary NellisCity of Mesa

Illinois PLEAMark JohnsonFox Valley Park District

Ohio PLEA

PLEA News BriefsInvoices for membership dues will be mailed out in the first week of

February. This year they will be formatted as an invoice for ease of payment.If you have an E-mail address, make sure you list it you your dues renewalform and we'll get you into our data base.

If you changed your address, make sure you make a note on the formso our staff at Digital Graphiti can be sure to update your information. Ifyou change your address midyear, you can phone, E-mail or US Mail theinformation to Digital Graphiti. You can get all the information you need bycalling (887) PARK LAW. (727-5529)

Don't forget the PLEA has a website at www.parkranger.com. You canpost job announcements from your department on the site or order PLEAmerchandise.

u.s. Army Corp of EngineersBoat Operator Training

LOOking for a source of training for ranger staff responsible for boatpatrol? Perhaps the U.S. Army Corps of Engineers could be a solution toyour problems.

The U.S. Army Corps of Engineers began a formal training programforitsooat operators approxrrrarelv tzysars aqo: Designed to rain staffin the operation of vessels less than 26 feet, the course contains bothclassroom and on-the-water modules. The basic three-day course coversequipment, safety, rules of the road, trailering, maintenance and otherclassroom topics on the first day. The second and third days of the trainingincorporate both land based and water-based training such as trailering,backing, docking, towing, and other operating skills. Several maneuveringcourses are set up on the lake to teach both high speed operating skillsand operating in restricted spaces.

Corps rangers can attend additional modules related to theirenforcement and visitor assistance duties. Included in these modules areboat stops, boarding, night operation, search and rescue, and use of personalwatercraft for enforcement.

Most Corps of Engineer lakes are within 50 miles of major metropolitanareas. If you have a need for boat operator training, odds are there is aCorps facility nearby that can provide assistance.

Steve Fairbanks is a Corps of Engineer instructor for the MotorboatLicense Examiner Course and Chief Ranger at Saylorville Lake in Johnston,Iowa. He also serves as the President of the National Water SafetyCongress

Steve FairbanksChief RangerSaylorville LakePHONE: (515) 276-4656 X226FAX: (515) 276-2088

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II News From Across the Nation IIA new column

This is a new newsletter column that will beappearing in each newsletter. It is the Board of Directorshope that each member will take an opportunity to postinformation regarding their individual agency. You maysend information regarding, changes in personnel, newequipment, activity updates or just general informationon how your department is doing. The simplest mannerto submit information is to write approximately 50 to75 words in either WordPerfect or Microsoft Word andattach it to an E-mail message. (nlapera@ebparks.org)

Just send me your E-mail address and I'll put youon the distribution list for articles. You'll receive areminder approximately one month before thepublication date so you'll have time to submit youinformation. Don't worry if you don't have E-mail, mailit to Chief Norman Lapera, East Bay Regional ParkPolice, 17930 Lake Chabot Road, Castro Valley, CA94546.

Hamilton County Park DistrictCincinnati, Ohio

Recently, the Ohio Supreme Court ruled that "inadministering field sobriety tests, the police must complywith established procedures". This ruling set in to motiona volley of hearings to have DUI cases dismissed due toofficers not complying with established procedures setforth by NHTSA. This prompted a joint effort betweenthe Prosecutors office and all county police agencies, toput together a training course that would ensure all officerswere in compliance with the Courts' ruling. A four-hourseminar was held for one to two members from everydepartment. They were provided with a lesson plan andpocket sized cards with the proper instructions for fieldsobriety testing for every officer. They then in turn wentback to their department and reviewed procedures withtheir officers. This cooperative effort now ensures thatall officers and Prosecutors are on the "same page" andin compliance with the Courts' ruling and underscoresthe importance of everyone working together towards acommon goal.

If you have any questions or comments, contact atthe Hamilton County Park Rangers at (513)521-3980 orCZIELINSKI@HAMILTONCOUNTYPARKS.ORG

Johnson CountyPark Police Department

• Sergeant Tim Nagle

Thankfully 2000 started out slow. I know we were infull Y2K mode around here, and all was quiet.

Our agency conducted another sobriety checklanethis year. This is something that is new to us, but is veryeffective and more are planned. We were plagued withburglaries and criminal damage to our sports facilitiesthis summer. Congratulations go to Ranger RichardNiemann and Ranger Chris Pennington for arresting threesuspects as they were climbing out of a golf course proshop roof vent at about 3 am. The arrest lead to chargesfor most of the previous burglaries and damage. OurFourth of July display was cancelled due to rain, however6Oto 70,000 spectators came to Shawnee Mission Parkon the 5th• We got almost everyone a parking spot withthe use of 46 officers including our Rangers and areacity officers. We are now using Mobile Data Terminals inour Patrol cars, The Terminals allow our officers to runtheir own computer checks and instant message otherofficers and Sheriffs deputies in the county. They are alsoused to generate reports in the field. The fall was prettyuneventful; we made it through football and soccer seasonwithout getting on the news. Hope you all have a goodyear!

KansasPark Law Enforcement Association

• Sergeant Tim NagleJohnson County Park Police

The Kansas Park Law Enforcement Associationenjoyed a great spring workshop in Wichita, Kansas inApril. Topics included; Search and Seizure and CriminalInvestigation Techniques. In January of 2001 KPLEAmembers will have the general membership meeting andluncheon at the Kansas Recreation and Parks Associationannual conference in Overland Park, Kansas. At theconference, KPLEA will be hosting an all day workshop.The workshop will instruct members on the use of S.C.A.NScientific Content Analysis. In short S.C.A.N is atechnique used to detect deception in written statementsfrom suspects. New KPLEA board members will also beelected at the general membership meeting.

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II Legal Updates That Affect Your Agency IIFrom the Law Offices of Jones and Mayer

3777 N Harbor BoulevardFullerton, CA 92835

Case UpdatesBy: Martin J. Mayer and Mervin D. Feinstein

(Martin J. Mayer was a presenter at the 2000 PLEAConference. He routinely publishes Case Updates andClient Alert Memorandums to his many police departmentclients throughout California. He has graciously grantedpermission to PLEA to publish excerpts from thesedocuments in the PLEA Newsletter.)

UNITED STATES V. HANCOCK231 F.3D557 (2000)

Gary Hancock had been convicted of four statemisdemeanors involving violence or threats of violenceagainst his wife, Patricia, and they subsequently divorced.Patricia obtained a protection order in Flagstaff MunicipalCourt which specified that Hancock was not permitted topossess firearmS. Hancock turned over- 2-fir~arms toofficers of the Flagstaff Police Department.

The government then filed a complaint chargingHancock with violating 18U.S.C § 992(g)(9) and obtaineda one-court indictment. Hancock pled not guilty and fileda Motion to Dismiss based on the statue beingunconstitutional, arguing violation of guarantees of dueprocess and equal protection. The district court deniedthe motion after a hearing. Hancock was found guiltyafter a two-day jury trial. The United States Court ofAppeals Ninth Circuit affirmed.

Hancock argued that the statute violated the DueProcess Clause of the Fifth Amendment, because he didnot learn of the statue until he was charged with violatingit. Hancock also argued that his case was an exceptionto "...the general rule that ignorance of the law or amistake of law is no defense to criminal prosecution ...."

Addressing Hancock's argument that the governmenthad to prove that he knew that the statue prohibited himfrom possessing firearms the court noted that theSupreme Court has held that the requirement of "knowing"refers to knowledge of possession, rather than knowledgeof the legal consequences of possession. The court notedthat Congress is not required to inform citizens individually

of a change in the law.

To provide constitutionally adequate notice, "alegislature need do nothing more than enact and publishthe law, and afford the citizenry a reasonable opportunityto familiarize itself with its terms and to comply. "To thisend the court pointed out that this statute receivedextensive publicity in newspapers across the nation,including Hancock's state of Arizona, both before andafter its passage.

How this affects your agency:

The Federal Misdemeanor Domestic Violence Acthas been in effect for some 4 years and it'sconstitutionality has been challenged by the FraternalOrder of Police (FOP). Here the Ninth Circuit directlyaddresses Due Process and Equal Protection upholdingthe statute's constitutionality. Academy Instructors, aswell as Field Training Programs, must continue to impresson officers that the loss of one's ability to possess a firearmand retain employment as a peace officer can not besepara ed. is an essentia job eleme .

ADA REASONABLE ACCOMMODATION REQUIRESAN INTERACTIVE PROCESS BY EMPLOYER

BARNETT V. U.S. AIR, INC.228 F .3d 1105 (2000)

Robert Barnett worked for ten years as a customerservice agent and suffered a back injury while working ina cargo position. After returning from disability leave,Barnett found he could not perform all of the physicalrequirements of handling freight and used his seniorityto transfer into the mail room. Barnett's doctor andchiropractor both recommended that he avoid heavylifting and excessive bending, twisting, turning, pushingand pulling, and prolonged standing or sitting.

Barnett learned that two employees with greaterseniority planned to exercise their seniority right to transferto the mail room thereby limiting him to transferring to ajob in the cargo area. Barnett wrote his station manager,Robert Benson, requesting he be allowed to stay in themail room as a reasonable accommodation under theADA. U.S. Air did not respond for five months but allowedhim to remain in the mail room while the company was

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evaluating his claim. Subsequently Benson, acting onbehalf of U.S. Air, notified Barnett that he would beremoved from the mail room and placed on job injuryleave.

Barnett sent Benson a second letter suggesting twoalternative means of accommodating his disability.Barnett proposed either that U.S. Air provide him withspecial lifting equipment in the cargo facility or that thecargo job be restructured so that he would do onlywarehouse office work. U.S. Air's Vice President ofHuman Resources denied Barnett's alternative requestsfor accommodation and informed him that he could bidfor any job within his restrictions. Barnett made nosubsequent bids for any other position.

Barnett filed suit and the district court granted U.S.Air's motion for summary judgment on all claims,including Barnett's claim that U.S. Air discriminated bynot participating in an interactive process. The UnitedStates Court of Appeal Ninth Circuit reversed the districtcourt's summary judgment dismissal of Barnett's ADAdiscrimination claims finding that U.S. Air had failed toengage in good faith in the interactive process requiredby ADA.

The court pointed out that the ADA makes clear thatemployers are required to engage in an interactiveprocess with employees in order to identify and implementappropriate reasonable accommodation. The interactiveprocess is triggered either by a request foraccommodation by a disabled employee or by theemployer's recognition of the need for such anaccommodation.

An employee requesting a reasonableaccommodation should inform the employer of the needfor an adjustment due to a medical condition using "plainEnglish" and need not mention the ADA or use the phrasereasonable accommodation.

In some circumstances, according to the EEOC, theemployee need not even request the accommodation:"An employer should initiate the reasonableaccommodation interactive process without being askedif the employer (1) knows that the employee has adisability, (2) knows or has reason to know, that theemployee is experiencing workplace problems becauseof the disability, and (3) knows, or has reason to know,that the disability prevents the employee from requestinga reasonable accommodation."

The Court held that reassignment is a reasonableaccommodation and that a seniority system is not a perse bar to reassignment. However, a seniority system isa factor in the undue hardship analysis. If there is noundue hardship, a disabled employee who seeksreassignment as a reasonable accommodation, ifotherwise qualified for a position, should receive theposition rather than merely have an opportunity tocompete with non-disabled employees. Mere speculationis insufficient to support summary judgment that therequested accommodation could impose undue hardship.

How this affects your agency:

Several cases have now interpreted provisions ofthe ADA to place the burden on the employer toinform the disabled employee of available positionswhich he/she is otherwise qualified. This caseenforces those interpretations as well as remindingemployers of their obligation to engage in theinteractive process. Agencies that have notconducted comprehensive research into allavailable vacancies and/or positions that could beutilized as reasonable accommodations areencouraged to do so, as well as spelling outminimally, in their policy manual, how the processwill be carried out.

As always, before taking any legal actions becertain to seek appropriate legal advice, whether itis from a city attorney, county counsel, or yourpolice legal advisor.

r-----------------~Oamerican American Eurocopter Corp.eurocopter 2701 Forum Drive

Grand Prairie, TX 75052-7099Tel: 972-641-0000Website: eurocopterusa.com

Eagle 6 - East Bay Regional Park District~-----------------~5

II Report from PLEA 2000 Conference IIThe March, 2000 conference was held in Oakland,

California and hosted by East Bay Regional Park Police.The schedule started with a Board of Director Meetingon Wednesday morning, followed by a golf tournamentfor so those inclined or helicopter tour of East BayRegional Park District. The weather was a little rainythe days leading up to the conference, but it cleared upnicely for the scheduled tours.

The registration was held on Wednesday eveningin the hotel lobby, complete with displays of policeequipment by__one of tbe local vendors. Conference_attendees were able to socialize all evening in thehospitality suite, hosted by members of the East BayRegional Park District Police Officers Association.

Rick Greer and Tim Curtin finally where they belong!

Tim Curtin, Rick Greer, Maryanne Camaparo and TracyPokrywka on their way to Alcatraz.

The group on the pier.

Thursday, the first full day for the general members,the morning training class concerned the use of DNAevidence in the solving of current and past crimes.Rockne Harmon presented information concerning stateand nationally available data bases on suspect DNAprofiles. Rock is a Deputy District Attorney for theCounty of Alameda and a nationally recognized experton the use of DNA Evidence.

The afternoon training session was presented byRobert Hole, a Deputy District Attorney for Contra CostCounty. The training subject matter was InvestigatingOfficer-Involved Fatal Incidents. Bob has lecturedextensively on this subject throughout the country, aswell as, written protocols for many counties withinCalifornia, Utah, New Mexico, Washington and Idaho.

Thursday evening found all the attendees and theirsignificant others at the PLEA banquet. The foodconsisted of locally caught salmon and prime rib forthe meat eaters of the group. The evening was cappedoff by a few words from out-going president StevePokrywka and a Lifetime Achievement Award presentedto Ralph Hays.

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Friday started with a early-morning ferry ride to SanFrancisco. From Pier 40 in San Francisco, the groupboarded another ferry for a self-guided audio tour ofAlcatraz, a National Park. It was then back on the boatfor a ride to another park in the bay, this time a CaliforniaState Park, Angel Island. The group had lunch on theisland and then tour the historical Emigration Stationlocated on the island. The tour group was returned toSan Francisco for enjoyment of the nightlife. Specialthanks has to be given to Maryanne Canaparo,Resource Analyst for East Bay Regional Park District.Maryanne scheduled all of the ferry rides, the tours ofeach island and was able to have the lunch donated bythe local concession on Angel Island.

Norm Lapera provides an overview of the conference.

On Saturday the PLEA Business Meeting was heldin the early morning. The meeting was followed by apresentation on Civil Liability by Martin Mayer. Martyis an attorney who's office exclusively represents policedepartments in California. The presentation was wellreceived by all participants and the evaluations for thecourse rated it as outstanding. Marty will be contributinglegal update articles for publication in the PLEANewsletter.

The conference was concluded at noon on Saturdayand members began their extended stay in Californiaor headed home that night or the next day. Specialthanks has to be given to Ms. Pamela Flax, secretaryto Norman Lapera, who handled all the pre-conferencematerials, the binders, registration and generalcoordination of all the functions of the conference

OCEAN C'DEPARTME

Sin ce1992, theSecurityDepartmentof OceanCounty,located inSouthernNewJersey, hassuccessfullyoperated aB icy c I e Jill Cerrachio, Tracilynn Crouse, JohnPatrol Team at four different areas throughout the springand summer months. Park patrons in Lakewood'sOcean County Park, Berkeley Island Park and TipSeaman Park in Tuckerton are very pleased with theaccessibility they have to our Guards. The public canrelate better to someone on a bike than from a closedvehicle, and our employees are more observant andare able to react quicker to a situation.

The Atlantis Golf Course, located in Little EggHarbor Township, reaps the benefits of our bike patrolas well. Obviously, a bicycle can go places where a caror truck isn't able which is really helpful in deterringvandalism on the greens and fairways.

In 1997, the Bicycle Patrol Team began a BicycleSafety Program at the elementary schools in OceanCounty. Members of our team are invited to the schoolsto talk about such subjects as the importance of wearinghelmets, hand signals, traffic safety, and proper fittingof a bike. In the spring of 2000, we reached over 13,000students in our area! With the popularity of scootersamong youngsters now, our Guards have added asegment into the program emphasizing the importanceof wearing the proper safety equipment.

We're very proud of all of our Security Guards, butthe members of our Bicycle Patrol Team deservespecial recognition for the outstanding job they are doingin promoting good public relations and for helping tokeep the children of Ocean County safe on the roadsand playgrounds.

Most importantly, however, this group of individualshave been most effective in the area of lawenforcement. Siting illegal parking and dumping,assuring that the general public do not abuse our naturalresources and wildlife, and making sure the rules andregulations of our County facilities are being followedare all in the line of duty for our Bicycle Patrol Teammembers.

\

Laurence MarcusDirector of SecurityCounty of OceanToms River, New Jersey 08753

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Hosted by:Johnson County ParkPolice DepartmentAt the:Double Tree HotelCorporate WoodsOverland Park, Kansas

Conference registration brochures have been mailed. If you have not received a brochure, contact Stuart Foland,Ranger Captain at 913-438-7275 ext. 1360 or email Stuart.Foland@jocoks.com

MARCH 1 - 3, 2001"A Partnership/Cooperation Among

Law Enforcement Agencies"Conference Subjects:"Police Ethics""Trends in Law Enforcement""Shocking Behavior in the Bathrooms:Interdicting Deviant Sexual Behavior"Crime Mapping "Where Done It?""Security Issues at Special Events"

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