Welcome to the POAM Law Enforcement Blog

From freep.com

BY BILL SCHUETTE

Proposals that focus on those in prison or about to be released fall short when it comes to broad-based public safety reform. The focus of Michigan’s debate should be on how to improve the safety of Michigan citizens and families.

A report by the Council of State Governments makes clear why Michigan needs to reform its criminal justice system. In a comparison of Great Lakes states:

• Michigan has the highest rate of violent crime.

• Michigan has the highest rate of unsolved violent crime.

• Michigan has the fewest number of police officers per capita. In fact, Michigan has lost more than 1,900 law enforcement officers since 9/11.

• Michigan sends the fewest felons to prison per capita.

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Career Survival

with Sgt. Betsy Brantner Smith

Officer Benjamin Kelly: The mindset to win a split-second confrontation

Maurice Clemmons’ body was probably still warm when I started getting text messages and e-mails from my friends in the Seattle/Tacoma area early Monday morning. The manhunt was over. The mainstream media reported that a “routine stolen vehicle check” had led to the righteous shooting death of Clemmons by Seattle Police Department’s Officer Benjamin L. Kelly, a five-year veteran assigned to the South Precinct. The Seattle Times  wrote that Kelly is “fortunate to be alive.”

I beg to differ. I believe Officer Kelly is alive because he trusted his instincts, employed his training, and had the mindset to win that split-second confrontation with Clemmons instead of becoming Clemmons’ fifth law enforcement victim.

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Forty states, comprising the majority of the American population, are “right-to-carry”
states. Statistics show that in these states the crime rate fell (or did not rise) after the right-to carry
law became active (as of July, 2006). Nine states deny or restrict the right to carry.

What are your thoughts on normal citizens carrying handguns?

Some facts to chew on:

There are 40 Right-to-Carry states. Thirty-six have “shall issue” laws, requiring that carry permits be issued to applicants who meet uniform standards established by the state legislature. Three have fairly-administered discretionary-issue carry permit systems. One, Vermont, respects the right to carry without a permit. Alaska, one of the “shall issue” states, has its permit system for the purpose of permit-reciprocity with other states, and also adopted a no-permit-required law in 2003.

There are 10 non-RTC states. Eight have restrictively-administered discretionary-issue systems. Only two—Illinois and Wisconsin—have no permit system and prohibit carrying.

Let us know your thoughts guys!

By: State Representative Barb Byrum

Two years ago, a retired police officer came to me with an idea on how to increase funding for the Michigan Law Enforcement Officers Memorial Monument Fund, a tribute to honor those in law enforcement who have been killed in the line of duty. I was particularly interested because I am married to an officer and have a great amount of respect for those in law enforcement and their families.

As a result of the plan I introduced last year, we are now able to make an income tax check-off donation toward the construction of this monument, dedicated to the men and women of law enforcement.

While you prepare your tax returns over the next few weeks, I ask that you pay particular attention to the Michigan Law Enforcement Officers Memorial Monument Fund check-off on your 4652 Form.

Every day, brave law enforcement officers put their lives on the line to keep our communities safe and the Michigan Law Enforcement Officers Memorial Monument is the least we can do to show our support and appreciation.

In recognition of fallen officers, I hope you will join me in checking the box on your Form 4652 tax return to donate $5, $10, $20, or more to construct this memorial for these brave men and women and their families.

For more information on the Michigan Law Enforcement Officers Memorial Monument Fund, please visit www.mleom.org

If I may ever be of any assistance to your or your family, please feel free to contact me.

by FRANK A. GUIDO
POAM General Counsel
1. Definition of the right:
A. When an officer is compelled (ordered under threat of discipline) to produce information (statement, report or answer to questions), the
information produced is protected from use against the officer in a criminal proceeding, if the officer invokes the protection of the Fifth Amendment.
The employer is prohibited from compelling (ordering under threat of discipline) the officer to waive assertion of the protection of the Fifth Amendment.
The information may only be used against the officer in an internal proceeding.
B. The Garrity right must be interpreted as consisting of two principles, protection for an officer and prohibition against an employer. Both
principles are triggered when compulsion occurs.

2. Compulsion triggers protection for an officer:
A. Compulsion: An employer orders an officer, under threat of discipline, to produce a statement, report or answers to questions.
B. Protection: When compulsion occurs, an officer has the constitutional right to assert the protection of the Fifth Amendment privilege against selfincrimination,
to protect the information produced from use against the officer in a criminal proceeding (paragraph 2a, Federal Court Consent Judgment
- POAM v Livingston County Sheriff, October 24, 2001).
note: When an officer invokes the protection of the Fifth Amendment, the employer may only refuse acceptance of the information provided if it
rescinds the order made under threat of discipline to produce the information, thereby removing the trigger of compulsion. Without an order and threat
of discipline existing, the officer is at liberty to refuse production of information, as no employment sanction may attach.
note: If an officer wants to protect a statement, report or answers to questions and the employer’s representative is without authority to issue an order
under threat of discipline, the officer retains the right to invoke the Fifth Amendment and to remain silent, until such time as compulsion occurs (someone
who is empowered with authority orders production of information under threat of discipline).

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It is common knowledge that a suspect, armed with an edged weapon and within twenty-one feet of a police officer presents a deadly threat. Why? Because the “average” man can run that twenty-one feet in about one-point-five seconds; the same one-point-five seconds it will take that police officer to recognize danger, draw and point his weapon, and then pull the trigger. Even if the officer manages to get the shot off, and even if it hits the suspect; even if it instantly disables the suspect, the blade is going to be so close to the officer that the suspect’s momentum may continue forward with enough force for the edged weapon to end up injuring the officer anyway.

The information contained in the above paragraph has long been accepted in police and court circles. “If a man has a knife and is within twenty-one feet, he presents a deadly threat and the use of deadly force against him is justified.” Here is the question then: How far away does that suspect, armed with an edged weapon, have to be before he’s not a deadly threat? A gentleman named Magliato shot a “bad guy” who was armed with a baseball bat and standing thirty-two feet away. The courts convicted Magliato claiming that at a distance of thirty-two feet, the suspect with the baseball bat could not present deadly force against Magliato; perhaps they were wrong.

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By Barry Sherman

Would it surprise you to know that Michigan has 1,287 fewer police officers today than it did in September 2001? This is ironic when you think Michigan has four border crossings into Canada and the government has put an emphasis on “Homeland Security” issues since the 9/11 attacks. But the issue of the decrease in police officers on the streets of Michigan’s communities goes far beyond Homeland Security.

This country, Michigan included, went on an incarceration boom to respond to the rising violent crime rate of the 1980s and early 90s. In 1975 the prison population of this country was 240,593. This population has increased to over 2,000,000 today. The reasons for this increase include minimum and mandatory sentences, truth-in-sentencing laws, habitual offender laws, sentencing guideline changes, tightening up early parole and charging juveniles as adults. Taking these violent and habitual offenders off the street has seriously affected our crime rate. In September of this year, the Bureau of Justice Statistics released the results of the National Crime Victimization Survey for 2004. The results confirm this major reduction in crime. Violent crime against persons age 12 or older was down 57% from 1993 to 2004. Property crime during this same period was also impacted with household burglary rate falling 49%; car theft 54%; and the theft rate 49%.

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By: Ed Jacques, LEJ Editor

Duane Haggerty was initially employed by Sanilac County as a full time police officer in 1958. He left and returned to employment with the County several times and was working full time when, on April 23, 1979, he injured his back in a work-related accident. He returned to work a jail coordinator but again injured his back. Haggerty last worked as an active employee on March 24, 1979 and has received worker’s compensation benefits since March 1979.

In 2003, Sanilac hired a new County Executive who promptly ordered an audit of its benefit program and participants. They discovered that Duane Haggerty was receiving medical benefits from the County but had not received income or W-2 forms since 1979 and has not received a clothing allowance, holiday pay, Christmas bonus or longevity pay since March 1979. He was not paid his pension contributions or his accrued vacation time and was never given an official notice of termination of employment. The County immediately fired off a letter notifying Mr. Haggerty that his health insurance would be canceled immediately.

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By: Ed Jacques

As promised by President Jim Tignanelli at the POAM Annual Convention in Grand Rapids in June 2007, Arenac County Sheriff and POAM’s recipient of its “HORSES ASS” award has lost his bid to be re-elected as Sheriff. Ronald Bouldin was defeated in the August primary by a resounding margin.

Former Arenac County Sheriff Jim Mosiscki won back the job in the November election with the support of POAM and others. Former Sheriff Bouldin was quick to blame POAM Vice President and Arenac County DSA Business Agent Dan Kuhn and an underground newspaper called the “Town Crier” for his loss. The truth of the matter is, that Bouldin only has himself to blame. A website called www.sheriffbouldinmustgo.com exposed many of the sheriff’s shortcomings which included but were not limited to: sexual harassment lawsuits, retaliation against Union Officers, ridiculous policies and procedures and terrible department morale.

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By: Abigail Crouse

The new FMLA regulations become effective on January 16, 2009. So what exactly does this mean for employers? The U.S. Department of Labor has made numerous changes to the regulations, and many employers are just beginning to analyze the impact of the new regulations on their organizations. In the meantime, however, there are several tangible steps that employers covered by the FMLA (i.e. employers with 50 or more employees) should take before January 16, 2009 in order to comply with the new regulations:
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