dulaney valley memorial gardens 200 east padonia road...

The Fourword Volume 40, Number 3 March 2012

Representing the Professional Police Officers of Baltimore County

Baltimore County Police

Memorial Day

May 11, 2012

10:00 a.m. Courthouse Plaza, 401 Bosley Avenue

Towson, Maryland 21204

National Law Enforcement

Officers Memorial Day

May 15, 2012

United States Capitol Washington, D.C.

Fallen Heroes Day

May 4, 2012 at 1:00 p.m.

Dulaney Valley Memorial Gardens 200 East Padonia Road

Timonium, Maryland 21093

The FourwordThe FourwordThe FourwordThe Fourword

MEETING MINUTES February 2012

Recorded by Kathryn Greenbeck

• The February 2012 General Business Meeting was held on February 27, 2012 at FOP Lodge 4. President Weston called the meeting to order at 7:33 p.m. Chaplain Merkle gave the invocation. President Weston led the Pledge of Alle-giance.

ROLL CALL OF OFFICERS

• Secretary Folderauer was on vacation. Brother Rommel was sick. All other elected officers and Board members were pre-sent. Legal advisor Mike Mar-shall was also in attendance.

APPROVAL OF THE MINUTES

OF THE PREVIOUS MEETING

• A motion was made by Brother Grumbach to accept the minutes of the January 2012 General Membership Meeting. A sec-ond was made by Brother King. There was no discussion. The motion passed.

REPORTS OF OFFICERS

~ PRESIDENT WESTON ~

• January 24 Met with a mortgage consultant concerning offering services to our membership.

• January 25 Addressed the In-Service training class.

• January 27 Met with a TABCO representative concerning Health Care negotiations.

• January 28 Attended the Mary-land State FOP meeting.

• January 30 Chaired a negotia-tion team meeting.

• January 31 Attended the County Council work session and a Spending Affordability Com-mittee meeting.

• February 1 Addressed the In-Service training class.

• February 8 Addressed the In-Service training class and vis-ited the funeral home with the Olszewski family.

• February 9 Met with the Presi-dent of Howard County FOP #21.

• February 10 Met with the Nego-tiations Committee.

• February 13 Attended the Ex-ecutive Board of Directors meeting.

• February 14 Attended the Pen-sion Board of Trustees meeting and a Health Care Review Com-mittee meeting.



• February 22 Negotiations con-ference call concerning arbitra-tion submissions and ground rules.

• February 23 Met with members of CPLE who are conducting a research study concerning di-versity in the Police department and attended a state FOP meet-ing concerning per-capita dues.

• February 27 Met with a member concerning retirement options and chaired the FOP Lodge 4 General Membership meeting.

~ 1st V. P. COMEGNA ~

• January 30 Attended a Negotia-tions Committee meeting.

PPPPaaaaggggeeee 2222

LODGE 4 OFFICE

9304 Harford Road Baltimore, Maryland 21234

Phone (410) 668-0004 FAX (410) 668-8126

Toll Free (888) 313-3501 www.foplodge4.org

ELECTED OFFICERS

Cole B. Weston President

(443) 956-2679

Steven G. Comegna David M. Rose 1st Vice President 2nd Vice President PC3 - Traffic F.O.P Lodge 4

(410) 409-0293 (443) 956-2643

David J. Folderauer, Sr. Robert W. Caskey Lodge Secretary Treasurer PC 4 - IST CID-Robbery

(410) 382-2075 (443) 956-2615

W. Donald Patterson Anthony DiCara State Trustee Sergeant at Arms Materials & Facilities PC12

Paul A. Merkle L. Timothy Caslin Chaplain Past President Retired Retired

EXECUTIVE BOARD of DIRECTORS

Kenneth F. Schubert Mike DiCara Chairman Vice Chairman Retired PC 4

(410) 416-2800 Thomas G. Scally Louis J. Lagna CID - Arson Retired

Donna Patterson Patrick Zito Planning & Research PC 7 - Traffic

James P. Rommel, Jr. Ryan Massey K9 CID - Homicide

Joe Caskey Kathy Kraemer CID - Homicide PC 6

LODGE STAFF

Larry Sibley—Office Manager Juanita Bouthner—Administrative Assistant

LEGAL ADVISORS

Schlachman, Belsky & Weiner, P.A. Phone (410) 685-2022

IAS Cases Michael Marshall

**********************

The Fourword is the official monthly publication of Baltimore County

Fraternal Order of Police Lodge 4.

Fourword Editor

Kathryn Greenbeck Precinct 8

Remembering LarryRemembering LarryRemembering LarryRemembering Larry FOP Lodge #4 regrets to announce the passing of Lawrence (Larry) Sibley. Larry was the FOP Lodge #4 Office Manager for 22 years, FOP Lodge #4 Secretary from 1977 to 1987 and the Maryland State Lodge Secretary from 1984 – 1992. Larry was a lifelong FOP member. His support for law enforcement officers and their families, locally, throughout the state and na-tionally, was unwavering and a trademark of his dedicated ser-vice to the Fraternal Order of Police. He will truly be missed.


tions Committee meeting.

• February 23 Attended meeting with CPLE; attended a meeting at Lodge #34 about the State Lodge per capita fees.

• February 27 Attended the Gen-eral Membership meeting.

~SECRETARY FOLDERAUER~


• February 10 Attended a Negotia-tions Committee meeting .

• February 13 Attended the Execu-tive Board of Directors Meeting.


~TRESURER CASKEY~

• January 28 Attended the State FOP Executive Board meeting.

• February 2 Worked at the Lodge.

• February 6 Worked at the Lodge.

• February 13 Worked at the Lodge, attended the Executive Board of Directors meeting.

• February 23 Attended the State FOP meeting to discuss the State’s budget and per capita fees paid to the State by subordi-nate Lodges.

• February 6 Worked at the Lodge on the Campaign Finance Re-port.


• February 13 Attended the Execu-tive Board of Directors meeting.

• February 14 Attended a Health Care Review Committee meet-ing .

• February 22 Attended a Negotia-tions Committee meeting.

• February 27 Attended the Gen-eral Membership meeting.

~2nd V.P. ROSE~

• January 26 Attended a Health Care Review Committee meet-ing.


• January 31 Attended a County Council work session and the Spending Affordability Commit-tee meeting.

• February 10 Attended a Negotia-tions Committee meeting.

• February 13 Attended the Execu-tive Board of Directors meeting.

• February 14 Attended a Health Care Review Committee meet-ing.

• February 22 Attended a Negotia-

• February 27 Worked at the Lodge and attended the Gen-eral Membership meeting.

• EXECUTIVE BOARD

OF DIRECTORS REPORT

~ Kenny Schubert~

• An Executive Board of Direc-tors meeting was held on Febu-rary 13, 2012. The meeting was called to order at 5:00 p.m. Brother Scally was excused. All other elected officers and Board members were present.

• Motions that were made, after receiving a proper second, were discussed, voted upon, and appear in this issue under the appropriate committee re-ports.

REPORTS OF COMMITTEES

DONATION REVIEW

~Paul Merkle~

• The Donation Review Com-mittee met on February 13, 2012. The following motions were presented:

• A motion to purchase 10 tick-ets to the Annual Cancun Can-tina Bull Roast to benefit the


Blake case has been filed in Fed-eral District Court. We are cur-rently waiting for a hearing in Federal District Court.

• The Employee Relations Act case was heard on September 9, 2011 at the Court of Special Ap-peals. We are currently waiting for a decision.

LEGISLATIVE COMMITTEE

~Rick Bergin~

• The State F.O.P. Legislative Committee has numerous mem-bers from F.O.P. Lodges across the state of Maryland. The com-mittee meets in Annapolis every Monday during the legislative session to discuss bills of inter-est. The bills are monitored by a lobbyist hired by the State F.O.P. Every bill that has any effect on F.O.P. members is presented and discussed by the committee at the weekly meeting. The com-mittee takes action on each bill by:

- Support with testimony. - Support without testimony. - Oppose with testimony. - Oppose without testimony.


against the County by the FOP for violating Article 10, Section 10.7(e) of the Memorandum of Understanding. The County Administration has continued to put pension proposals forward in formal negotiations despite being prohibited from doing so under this article and section. The FOP has informed the County Administration of the violation and has asked them to withdraw the proposal. After the County continued to offer a pension proposal in their next formal proposal a grievance was filed.

LEGAL ADVISORY

COMMITTEE

~Dave Rose~

• The FOP has filed a Writ of Certiorari in the Maryland Court of Appeals in the Retiree Subsidy case. We feel the deci-sion of the Court of Special Ap-peals did not address the ques-tions presented.

• The appeal to Circuit Court has been filed in the Stanley Siedlecki case.

• We are currently waiting for a court date in Baltimore County Circuit Court in our case against Baltimore County Executive Kamenetz for not following the procedures as stated in the Em-ployee Relations Act. The County made changes to the Absence Control Policy and has refused to bargain over those changes. In addition, the County refused to follow the dispute resolution process as outlined in the Employee Rela-tions Act. The FOP is asking the Court to direct the County Executive to follow the law.

• The FOP’s fee petition for the


Association of Association of Association of Association of Baltimore County Baltimore County Baltimore County Baltimore County

Retired Police Retired Police Retired Police Retired Police Meetings 2012Meetings 2012Meetings 2012Meetings 2012

******************************************************************** May 1May 1May 1May 1

September 4September 4September 4September 4 November 6November 6November 6November 6

******************************************************************** All meetings are held at All meetings are held at All meetings are held at All meetings are held at

Parkville Heritage Gardens Parkville Heritage Gardens Parkville Heritage Gardens Parkville Heritage Gardens at 7:30 p.m.at 7:30 p.m.at 7:30 p.m.at 7:30 p.m.

Fallen Heroes Fund of Lodge 70 on April 21, 2012 for a dona-tion of $ 350.00.

• A motion to donate $2000.00 to the Dulaney Valley Memorial Gardens for Fallen Heroes Day 2012 to be held on May 4, 2012.

• A motion to become a $500.00 Guns and Hoses sponsor of the 2012 Police and Fire Leukemia Ride being held on April 15, 2012.

• A motion to donate $500.00 to the COPS Ride for the Mary-land Chapter of COPS, to be held on June 10, 2012.

• A motion to donate $500.00 for hospitality/break refreshments at the upcoming Honor Guard conference being held in Balti-more County in October 2012.

GRIEVANCE COMMITTEE

~Dave Rose~

• On September 27, 2011 the FOP filed a Class Action griev-ance for changes made to the Absence Control Policy. No date for a Step #3 grievance hearing has been set.

• The Brandt Bradford grievance was scheduled for a hearing date at Step #3 on February 28, 2012 at 1:00pm. On February 22, 2012 the County made a motion to have the grievance dismissed. The County argued that the interpretation of and proper operation of the retire-ment system is vested with the Board of Trustees for the Re-tirement System and the County Board of Appeals. On February 27, 2012 he Hearing Officer agreed with the County and dis-missed the grievance.

• On February 17, 2012 a class action grievance was filed



Bereavements

************ Marvin T. Haw III

Father of Marvin T. Haw, IV

And Father-in-Law of Mark J. Warren

************ Donna M. Claypoole

Mother of Brother Mark A. Claypoole ************

Ethel Jenkins Mother-in-Law of Retired Brother Gerald W. Brown

************ Thomas E. Legge Father of Brother

Erik T. Legge ************

Robert S. Holden Father of

Brother Glenn S. Holden ************

Mary R. Conway Mother of Retired

Brother Terry R. Conway, Mother-in-Law of

Retired Brother Charles W. Norris, Jr. and

Grandmother of Brother Michael A. Norris

************ David B. Lawson Brother-in-Law of

Brother David B. Lawson ************

Margaret V. Michael Mother of Brother Joseph Michael ************

- Hold (monitor). - No Position (usually taken when a bill has minor effect on F.O.P. members or when the bill has no effect on the F.O.P.)

• The 430th Session began Janu-ary 11, 2012 and adjourns April 10, 2012. The General Assem-bly has 47 Senators and 141 Delegates elected from 47 dis-tricts. As of 2/07/2012, there are over 25 bills in the House and Senate that could have an effect on law enforcement / public safety personnel in the state of Maryland.

• Some issues / bills of interest are as follows:

• Maryland Medical Marijuana

Act, HB 015 Authorizing the medical use of marijuana under specified circumstances; repeal-ing criminal provisions that al-low the imposition of a fine or the use of an affirmative de-fense for use or possession of marijuana or use or possession of drug paraphernalia related to marijuana under specified cir-cumstances. (Monitor) No ac-tion in House as of 3/07/12.

• Labor and Employment - La-

bor Organizations - Right to

Work, HB 091 Prohibiting an employer from requiring, as a condition of employment or continued employment, an em-ployee or prospective employee to join or remain a member of a labor organization, pay charges to a labor organization, or pay a specified amount to a third party under specified circum-stances. (Oppose) No action in House as of 3/07/12

• Criminal Procedure - District

Court Commissioners - Arrest

Warrants, HB 095, Prohibit-

ing a District Court Commis-sioner from issuing an arrest warrant based solely on an ap-plication for statement of charges filed by a person other than a peace officer or State's Attorney. (Monitor) No action in House as of 3/07/12.

• Public Safety - Possession of

Firearms - Crimes Committed

in Other States, H B 2 0 9 , Prohibiting a person from pos-sessing a regulated firearm, ri-fle, or shotgun if the person was previously convicted of an of-fense under the laws of another state or the United States that would constitute a crime of vio-lence or a violation of specified provisions of law if committed in this State. (Monitor) No ac-tion in House as of 3/07/12.

• Regulated Firearms, HB -

256 License Issued by Dela-ware, Pennsylvania, Virginia or West Virginia – Reciprocity FOR the purpose of specifying that a license issued by the above states to an individual to carry a regulated firearm, in-cluding a concealed regulated firearm, is valid in Maryland. (No position) No action in House as of 3/07/12.

• Criminal Law - Impersona-

tion of a Police Officer – Pen-

alties, HB 539 & SB 176 Al-

tering the classification of the

crime of impersonating police

officers, special police officers,

sheriffs, deputy sheriffs, consta-

bles, or other law enforcement

officers wearing a specified po-

lice article without authoriza-

tion, or having a simulation or

imitation of a specified police

article under specified circum-

stances, from a misdemeanor to



a felony; and increasing the

penalties for a violation of the

offense ( Supported & testified

in House Committee on

3/01/12). No action in House or

Senate as of 3/07/12.

• Vehicle Laws - Fleeing or

Eluding Police, HB 1179 & SB

254 Altering a specified pro-vision to prohibit a driver from fleeing and eluding a police of-ficer if the officer is in a police vehicle meeting specified crite-ria; reclassifying specified of-fenses relating to fleeing and eluding as a felony; altering a specified offense to include a specified act of fleeing and eluding a police officer that poses a risk of imminent bodily injury; etc. (Supported & testi-

fied in House Committee on 2/22/12) Unfavorable Report in House, no action in House or Senate as of 3/07/12.

• Criminal Procedure - Search

Warrant - Location of Mobile

Communications Device – HB

460 Requiring a law enforce-ment officer to obtain a search warrant before obtaining loca-tion information transmitted by a mobile communications de-vice (Opposed & testified on 3/01/12). No action in House as of 3/07/12.

• Public Safety - Handgun Per-

mits - Renewal Period for Re-

tired Law Enforcement - HB

-300 Establishing that a hand-gun permit issued to a retired law enforcement officer of the State or a county or municipal corporation of the State expires on the last day of the holder's birth month following 5 years after the date the permit is is-sued and may be renewed for successive periods of 5 years

each if, at the time of an appli-cation for renewal, the applicant possesses the qualifications for the issuance of a permit. (Support w/ letter) No action in House or Senate as of 3/07/12.

• Vehicle Laws - Red Light and

Speed Monitoring Systems -

Law Enforcement Vehicles

HB-857 Providing that speci-fied images of a law enforce-ment vehicle recorded by a traf-fic control signal monitoring system, a speed monitoring sys-tem, or a work zone speed con-trol system may not be the basis for a civil penalty or the issu-ance of a citation under speci-fied provisions of law. (Support & testified on 3/09/12).

• Howard County - Deputy

Sheriffs - Collective Bargain-

ing Ho. Co. HB-1189 Authoriz-ing the representatives of full-time deputy sheriffs at the rank of sergeant and below in the Office of the Sheriff of Howard County to bargain collectively with the Sheriff on specified issues; authorizing deputy sher-iffs to take specified actions with regard to collective bar-gaining; providing for the pro-cedures for certifying a labor organization as a certified labor organization for collective bar-gaining; etc. (Support w/ testi-mony). Has the support of the Howard County Delegation. No action in House or Senate as of 3/07/12.

New Bills since last issue:

• Senior Call-Check Service

Program - Establishment SB-

458 Requiring the Public Ser-vice Commission to establish and maintain the Senior Call-Check Service Program; requir-

ing specified telephone compa-nies to place a specified se-quence of telephone calls to specified subscribers free of charge. (Oppose w/out testi-mony).

• State Employee and Retiree

Health and Welfare Benefits

Program - Bona Fide Well-

ness Program and Wellness

Promotion HB-638 Requiring the Secretary of Budget and Management, in consultation with the Secretary of Health and Mental Hygiene, to develop and implement a bona fide wellness program for inclusion in the State Employee and Retiree Health and Welfare Benefits Program; establishing require-ments for the wellness program; authorizing the bona fide well-ness program to include incen-tives for achieving health goals. (Monitor)

• Education - Maintenance of

Effort HB-1412 Authorizing a county governing body, for a specified purpose under speci-fied circumstances, to set a property tax rate that is higher than the rate authorized under the county's charter or to collect more property tax revenues than are authorized under the county's charter, notwithstand-ing any provision of a county charter that places specified limits on that county's property tax rate or revenues; requiring a county to appropriate to the lo-cal board of education specified revenues under specified cir-cumstances; etc (this bill could affect allocated revenues for Public Safety). Oppose w/out testimony.

• The legislative committee is currently monitoring possible bills that have not been submit-



ted as of this date. They are as follows:

• Baltimore City School Police Inclusion in L.E.O.P.S.

• Criminal Citation Bill

• Fallen Heroes Survivor Tuition Bill

• Baltimore County Sheriff’s Workman’s Compensation Pre-sumption

• Juvenile Waiver Bill

PENSION COMMITTEE

~ Cole Weston ~

• The Pension Board of Trustees met on February 14, 2012 and approved 161 service, drop, early, vested, and incentive re-tirements. Three accidental and three ordinary disabilities were also approved. One good and faithful service case was re-viewed and approved as well.

POLICY REVIEW

COMMITTEE

~Dave Rose~

• The committee has reviewed (3) three new policies this month. No issues were identified.

• One of the two outstanding is-sues, Administrative Manual 8-6.3.2, “E-mail,” was completed and submitted to the committee members. Upon review, the changes the FOP requested were addressed in the new pol-icy. It was submitted to the members for approval.

• The only outstanding policy we have now is Field Manual 7-15, “Photographs.” That is still out for an additional Command Re-view. When it is complete the committee members will review it again.

GOOD OF THE ORDER

• During the month of February, the Lodge sent three (3) flower arrangements and ten (10) sym-pathy cards to bereaving mem-bers. The Lodge also made five (5) donations in lieu of flowers at the members’ request. Nine (9) “Thank You” cards were received.

• A member requested that this month’s meeting be recorded as being held in memory of Larry

Sibley. All members in atten-dance agreed.

• The meeting was adjourned at 8:04pm.

13th Annual Motorcycle Ride & Public Safety Expo to benefit C.O.P.S

Concerns of Police Survivors

Hosted by Maryland Fraternal Order of Police

Sunday, June 10, 2012

Registration at

various staging locations

All riders will be escorted to Howard County Fairgrounds

For More Information Call

Earl Kratsch 410-442-8260

Police and Fire Ride for Leukemia To Benefit the

Leukemia & Lymphoma Society

Sunday, April 15, 2012

For More Information:

Beth Prensky 443-471-1608 or

Registration Begins a 8:00 am

Kickstands up at

10:00 am

The April

FOP Lodge 4

GENERAL

BUSINESS

MEETING

will be held on

Monday,

April 23, 2012

7:30 p.m.

at

FOP Lodge 4

9304 Harford Road

The May

FOP Lodge 4

GENERAL

BUSINESS

MEETING

will be held on

Monday,

May 28, 2012

7:30 p.m.

at

FOP Lodge 4

9304 Harford Road

dulaney valley memorial gardens 200 east padonia road...

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