the broward centurionbcpba.org/pdf/centurion/2013/broward centurion april 2013 web.pdfthe broward...

The Broward Centurion

The Official Publication of The Broward County Police Benevolent Association

April 2013Volume 16, Issue 4

Contract Updates ....4

Legislative Update ...5

DAVID - Don’t! ........6

SCOTUS Rules On Drug Dogs ........ 7

Election Thanks .. 9

In This Issue:

BSO Annual AwardsFriday, March 15

Broward Sheriff Scott Israel honored BSO employees who have

made a special contri-bution in the past year.

The ceremony took place on March 15th at the Broward Center

for the Performing Arts. Many PBA members were counted among the honorees, and we are proud to be as-

sociated with these outstanding law enforcement officers.

Sheriff’s Special Recognition AwardDeputy Manuel Alvarez-Jacinto, Lauderdale-By-The-SeaDeputy Edward Ragauskas, North Lauderdale

Meritorious Service AwardDeputy Steven DelSol, TamaracDeputy Eric Blake, Pompano BeachDeputy Jesus Madrigal, Aviation Unit.

Detective of the Year AwardDetective John McMahon, Criminal Investigations Division.

Department of Law Enforcement Deputy of the Year AwardDeputy Franklin Castor, Central Broward.

Department of Law Enforcement Field Training Deputy of the Year AwardDeputy Marco Rizza, Pompano Beach.

Gold Cross AwardDeputy Michael Francis, West Park/Pembroke ParkDeputy Nuno Roque, ICJS Training DivisionDetective Ronald Miller, Strategic Investigations DivisionDeputy Santiago Vazquez, Port Everglades

Congratulations to each and every one of you, and thank you for your service and dedication.Source: sheriff.org

Deputy Receives Medal of Valor

The National Sheriff’s Asso-ciation awarded its Medal of Valor to BSO Deputy Osvaldo Petitfrere, who made news last May when he saved the life of Key Bis-cayne Police Officer Nelia Real.

Real was shot in the neck during a standoff on the Florida Turnpike in which David Bradley shot at police after hijacking two cars and robbing a barber shop.

Petitfrere was able to assess Real’s wound and determine that she couldn’t wait for an ambulance to ar-rive. He put her in his car and drove her to Memorial Regional Hospital.

Congratulations to Osvaldo for this well-deserved honor.Source: BSO

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President’s LetterThe Broward

CenturionThe Official Publication of the

Broward County PBA (A Charter of the Florida PBA)

2650 West State Road 84Fort Lauderdale, Florida 33312

Telephone: 954/584-7600Fax: 954/583-0405

Megan Gordon, Editor

E-mail: [email protected]

The Broward Centurion is published by the Broward County Police Benevolent Association for the sole benefit of its members. The Broward Centurion is dedicated to the advancement of the law enforcement profession through better and stronger community relations. The opinions expressed in the publication of The Broward Centurion are not necessarily those of the Broward County PBA, its Executive Board or the Board of Directors.

Members or readers submitting letters to the editor or articles for publication are requested to adhere to the following:

• Submissions should be sent to:

Broward County PBA Attn: Centurion 2650 West State Road 84 Fort Lauderdale, Florida 33312

• Letters or articles must be accompanied by the writer’s true name and address.

• All articles submitted for publication must be accompanied by a statement giving permission to publish.

• All submissions must be legible.

• The Broward County PBA reserves the right of the Executive Board or Editor to amend or to add an editor’s comment to any article or letter submitted.

• Advertisement in this publication does not imply endorsement by the Broward County PBA unless otherwise specified.

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Jeff Marano

The 2013 Florida Legislative session is in full swing; keep informed with weekly video updates from the Florida PBA, which will be posted on the Broward PBA website.The cities of Hallandale and Miramar have ratified their contracts. Their success can be attributed directly to the political involvement of their reps – they were active on the ground during city commission races and it made a difference when it was time to sit down at the bargaining table.

At the March 27th Board of Directors meeting, Neil Vaughan was inducted into a very elite circle: PBA Life Members. Neil is only the 11th person to be given this honor, which recognizes his dedication to the PBA and its work. He always gave 100 percent when it came to matters affecting our members. His knowledge and understanding of the political process and ability to rally members at election time was second to none. During each legislative session, Neil traveled to Tal-lahassee to advocate for PBA members across the state, specifically on pension issues, involving both municipal systems and the FRS. His tireless lobbying ef-forts have greatly benefitted us all. As his career path takes him to management, we thank him for his service and wish him all the best.

In March I attended BSO’s annual awards ceremony, which honors the best and the brightest in that agency. I am proud to count among our members many of the award recipients. Congratulations and thank you for your commitment to BSO and to the community. Each of you is a shining example of a law enforce-ment officer; you make all of us look that much better.

It is an honor for us to serve those who protect and serve. Thank you for standing with us.


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Executive Board

Board of DirectorsBSO (Support)

Paul WeissBSO – At Large (LE)

Michael Joseph CatalanoJames DeMato

Ian DoriotArmando Enrique

Robert LahiffVince Marlin

Chris PalamaraJim Pendergast

Jeff PooleBSO – District (LE)

Ken BoveChristopher Bradley

Chris CaldwellCarlo Cardarelli

Kelli CovetRich EngelsJohn HerreraDean MirraArt Perry

Robert PetoskeyVictor Rivas

Ivan RoizRalph Romb

Jerry VosburghBSO (Lts)

Linda Canada-Stuck

Broward Schools Investigative Unit

Bobby SpenceCoconut Creek

Dan EberlyDarren Karp

Coconut Creek (Sgts)Kirk Carlson

Hallandale BeachMarc Dady

Ed DiazEd McGovern

Thomas Montellanico - Alt.Hillsboro Beach

David Clark

HollywoodDerik Alexander

Steven BolgerDan Bromley

Rick LosenbeckLighthouse Point

Chris OhCarmen RoldanMargate (Spvrs)

Andy ZettekMiramar

George MankowskiLonnie Nix

Thomas TiberioPembroke Pines

Dan DonatoAdam Feiner Chris Grant

Sea Ranch LakesRon Stabile

Mike Tarr - Alt.Sunrise

Joel SchillerSunrise (Lts)

Bob DornWilton Manors

Shawn ChadwickNicholas Fiacco

Gary Blocker

Welcome New Members

Senior Vice PresidentDebbie ReggioVice PresidentRodney Skirvin

TreasurerDrew Brooks

SecretaryLee Martin

Immediate Past PresidentPat Hanrahan

Legislative ChairmanNeil Vaughan

PresidentJeff Marano

Office StaffCharter Secretary/Detail Coordinator

KimReceptionist/Membership

LynnMembership

LindaLegal Assistant

MaryannCommunications Director

Megan

Retired

General CounselJulio Gonzalez Jr.

Michael Cecere, Sr. Margate PDGary Celetti Lauderhill PDErrol Forbes Lauderhill PDBarbara Hendrickx Coconut CreekMichael Lucas Lauderhill PDTaryn Martin BSOSean Reyka BSOGregory Solowsky Lauderhill PD

Jay LeinerEdward OmanAlexander PerezVincent RosiakChadwick Wagner

ReinstatedMichael Sheffield BSO Support

Members in Miramar and Hallandale have voted to accept contracts with those cities. MiramarMiramar’s contract included three COLA replacements - one-time, non-pensionable payments of $3,500 within 30 days of ratification, $3,850 and a step replacement of $2,300 in the first pay period of October 2013 and $2,765 in the first pay period of October 2014.

Shift differential of 9 percent for those who work 75 per-cent of their shifts after 2pm’

Comp time cap increases from 160 hours to 480 hours.

HallandaleThree percent wage increase for officers, retroactive to Octo-ber 2011. Sergeants will receive a 2% increase.

A two and a half percent raise for both officers and sergeants on October 1, 2013 and October 1, 2014.

A pension cap will be in place, and as of October 1, 2013 employees will be able to participate in a 401(a) account, where they can receive up to a 3 percent salary match from the city.

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Please call us to verify that we have

received your application.

Thank you!

Applied For A PBA Scholarship?

Contract UpdatesMiramar and Hallandale ratify

Condolences

The Broward County PBA wishes to express our sorrow to BSO Sergeant and PBA Representative Mike Catalano on the death of his mother, Joan, on March 19.

Our thoughts and prayers are with Mike and the entire Catalano family


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Legislation sponsored by Senator Jeremy Ring will im-pact municipal pensions if passed. From the Florida PBA’s Capitol Report for the week ending February 22, 2013:

A quick summary of the legislation (excerpt from the com-mittee staff analysis)

“Plan benefits in existence in 1999 must be paid by the amount of premium tax revenues the plan sponsors received in 1997. Plans less than 80% funded (meaning these plans have an Unfunded Actuarial Liability ‘UAL’ of more than 20%) must use 50% of their post-2012 in-crease in premium tax revenues, and accumulated premium tax revenues, to pay the plans actuarial deficiency. Twenty-five percent of the post-2012 increase must fund defined contribu-tion benefits, and 25% must be used to fund base benefits. Plans funded greater than 80% must use half of the post-2012 increase in premium tax revenues for defined contribution benefits, and the other half for the base benefits. The increase in additional premium tax rev-enues between 1997 and 2012 must be used to fund any ben-efits that were not included in the base benefits of the plan.”

Major concerns the Florida PBA has with the current version of the legislation:

1) The legislation does not allow full use of the premium tax revenue for plans that are 100% funded.

2) Language in the legislation could give the cities an ability to reduce benefits without collective bargaining.

3) The legislation does not provide a delayed implementa-tion period to allow the Division of Retirement to promulgate news rules.

4) The legislation does take into account previous legal deci-sions on the use of premium tax revenues in certain cities.

5) The legislation does not handle the use of accumulated premium tax revenues in a fair manner.

Legislative Update: Municipal Pension Bill

Florida PBA is currently opposed to the leg-islation, but we have a great relationship with Senator Jeremy Ring and we have pledged to continue to work with him during the com-mittee process to attempt to address all of our concerns. The legislation will be heard in the Senate Community Affairs Committee once session officially begins.

Source: Florida PBA Capitol Report, February 22, 2013

CS/SB 458

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As is often the case, this article is more of a warning than a straight news article. The warning relates to the use of DAVID, the FCIC, and the NCIC for personal use, whether it is a matter of curiosity or just a quick check-up on former spouses, their latest “significant others,” your children’s driving record, their teachers, or their favorite soccer coach. The warning is simple: DON’T. Don’t use any of the criminal justice databases for non-criminal related inquiries. Not only can it cause you trouble (discipline) with your agency, but it can possi-bly lead to an appearance before the Criminal Justice Standards and Training Commission, and now, even becoming a defendant to a federal lawsuit!

The PBA understands that, in the past, many agencies have been somewhat lax about monitoring inquiries made on DAVID, FCIC and NCIC. However, such practices are quickly changing and will undoubtedly become stricter in the next year.

While the PBA used to occasionally see the random “abuse” case relating to improper access of these databases, agencies are changing. Now, a single “personal” inquiry may end in disciplin-ary action by the employing agency. In at least one instance, the significant mis-use of the DAVID resulted in criminal charges being filed against the officer.

The CJSTC is in the process of developing specific penalty guidelines for abuse of DAVID and other criminal justice data-bases. Yes, improper use of DAVID is, or can, depending on the circumstances, be considered a “good moral character” violation and may lead to significant penalties against your law enforce-ment certification.

Finally, you need to be aware that accessing DAVID for per-sonal use, or even curiosity, may result in a legal action being brought against you for violation of a federal law commonly referred to as the “Drivers Privacy Protection Act.” It provides liquidated damages for each improper inquiry in the amount of $2,500. Liquidated damages means that amount of damages is presumed and the plaintiff does not have to prove that he or she actually suffered that amount of damages. The Florida Highway Patrol, which handles the DAVID system, reports a record num-ber of inquiries from individuals regarding who, if and when, their personal information on DAVID was accessed.

DAVID - Don’t!By Hal Johnson, General Counsel, Florida PBA

So, here is a little advice: (1) make sure there is a legitimate criminal justice reason for accessing DAVID or other databases, and (2) if you make such an inquiry, document (as in writing) the reason for the inquiry. The PBA recognizes the Step 2 of this process may be a proverbial “pain.” However, it is great pro-tection if someone questions why you made a DAVID inquiry, especially if that ques-tion comes 4-6 months after you made the inquiry. So, even if it is a pain, it will prove helpful in the long-run if someone, whether it is your agency or an individual, questions

“why” you made the inquiry and you have a documented reason for the inquiry.

Be careful out there and stay safe! Also, be smart out there! Remem-ber: don’t use DAVID or any crimi-nal justice databases for personal reasons.Reprinted from Roll Call, March 2013

If you haven’t received your membership card

yet, please contact Debbie at the PBA

office or at [email protected]

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Supreme Court Rules On Drug DogsHigh court says certifica-tion sufficient to validate search

In February, the United States Supreme Court ruled that a K-9’s completion and passing of a certified training program that includes controlled performance tests renders the animal’s sniffs reliable as justification for a drug search. The vote was unanimous.

Justice Elena Kagan wrote the opinion, which says that re-quiring an inflexible performance checklist as a standard for a dog’s reliability defies common sense.

The ruling comes in a case from Florida, in which Clayton Harris was pulled over for a traffic stop. His behavior at the stop led the officer to re-quest permission to search the truck. When Harris refused, the officer walked his drug dog, Aldo, around the vehicle. Aldo alerted to the presence of drugs, and a subsequent search found ingredients used in the making of methamphetamine. Two months later the same of-ficer pulled Harris over again for a broken brake light. Aldo was walked around the truck again and again alerted for drugs, but none were ultimate-ly found.

The Florida Supreme Court ruled that both searches were illegal, saying that the fact that the dog was trained and certi-fied was insufficient to justify a search, that field performance records showing the dog’s reliability must also be presented.Source: NPR.org

Why Cops Shoot At Moving Cars“Looming” phenomenon skews perception

When a police officer shoots at an on-coming vehicle, questions generally arise as to the think-ing behind the act. A percep-tional phenom-enon called “looming” may explain it.

Looming is an illusion that occurs when a person is standing in the path of an approaching vehicle. Each time the gap between the person and the car closes by half, the space occupied by the image of the vehicle in a person’s visual field roughly doubles. This makes the car appear to be mov-ing faster than it actually is. This can lead an officer to feel as if he or she has no time to move out of the way.

This concept has been tested by the Force Sci-ence Institute, an organization that studies hu-man dynamics in high stress, rapidly unfolding force encounters. The results of their studies are shared with the law enforcement commu-nity for the training and evaluation of officers’ behavior in these high-stress situations.Source: Force Science Institute

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Letters & Thanks


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A sincere thank you goes out to all the officers, sergeants, family members, and civilians that walked neigh-borhoods, stood at polling locations, or both during the recent election in Coconut Creek. It was due to your efforts and sacrifice that the campaign for Sandy Welch was successful. United we stand, divided we fall.

Election ThanksCoconut Creek PD comes out to support Sandra Welch

Dan EberlyDarren Karp

Rodney Skirvin

Edwin Almanzar Alejandro Escobar

Tammy Alois Joshua Bailey

Candice Bartoszek Larry Christopher

Shana Conley Madison Conley

Curtis Cuddeback Steve Daniello

Edward DeVivo Michele Porter Lesley Eberly Trenton Eberly Joseph Fariello David Freeman Frank Fuentes

Joseph Gallman Landon Gallman Michael Giuttari

Russell Gonglewski Roger Hall

William Harrison Erika Huerta Steven James

Jason KohlhorstJessica Kohlhorst

Robert Lee Michael Leonard

Anthony Mancuso Rafael Marin Jessica Valest

Kathryn Markland Chris Markland

Adam Marts Francis McManus

David Morales Brian Mullin

Daniel NoordeloosJohn Palacio

Dominic Papa Marilyn Perez Daniel Rush Larry Scates Corine Scates Kevin Valade

George Vassilakis Marv Wilson

Fly The Blue RibbonPolice Week is May 12-18

COPS’ Blue Ribbon Campaign honors police officers across the country and the difference you all make in your com-munities.

During Police Week, tie a blue ribbon to your car antenna and get your friends and families to do the same.

Any strip of royal blue ribbon will suffice, but if you’d like the real thing, log on to

the COPS website at www.nationalcops.org/serv10.htm and fill out the form to order your ribbons.Source: Concerns of Police Survivors

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Are You Up To Date?

To update your personal information, please contact the PBA office Monday

through Friday between 8:30 am and 4:30 pm at 954.584.7600 or stop by in person.

Michael Braverman, P.A.2650 West State Road 84

Fort Lauderdale, FL 33312

954/791-2010For Broward PBA Members

Prepaid Legal

Services

Prepaid Legal

ServicesFor Broward PBA Members

What’s Up?

Hollywood Officers Of The Year

Weddings

Congratulations to BSO Deputy Jonathan Pettus, who married his high school sweetheart, Brittany Lundy, on March 16th.

We wish them many years of happiness.

Officer Matthew Fregin was select as Hollywood’s Officer of the Year for 2012, and Detective Sean Keough was named Detective of the

Year for 2012.

Congratulations!

Hollywood Officer Of The Month

Congratulations to Officer Paul Scheel for his selection as Hollywood’s Officer of the Month for February 2013.

Births

Pembroke Pines Officer Aner Gonzalez and his wife, Lauren, welcomed Raegan Grace on March 16th. Raegan weighed in at 7.3 lbs. and was 19 inches long. Mom, baby and the family are all doing well.

Congratulations!

The Broward CenturionThe Broward Centurion April 2013bcpba.org

Member MarketplaceOpen to Active PBA Members

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Contact [email protected]

Broward County Police Benevolent Association

2650 West State Road 84Ft. Lauderdale, FL 33312

©2013 Broward County PBA

NONPROFIT ORG.U S POSTAGE

PAID WEST PALM BEACH, FL

PERMIT NO. 1946

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