Paid DetailsFraternal Order of PoliceCrescent City Lodge #2

Friday, May 24, 13

Paid Details

• Prepared for the New Orleans Budget, Audit, and Board of Review Committee by the Crescent City Lodge of the Fraternal Order of Police.

• Donovan A. Livaccari, Esq.

• Raymond C. Burkart, III, Esq.

Friday, May 24, 13

Fraternal Order of Police

• Over 325,000 Members Nationally

• Over 6,000 Members in Louisiana

• Over 2,100 Members in New Orleans

• Over 1,100 Active New Orleans Police Officers

• Approximately 25% of Civil Service employees (excluding S&WB)

Friday, May 24, 13

What We KnowOn March 16, 2011, the Department of Justice released

their report on the New Orleans Police Department

Friday, May 24, 13

What We Know• AUSA Sal Perricone was an

integral player in the DOJ Report

• AUSA Perricone had applied to be Superintendent of Police for NOPD

• AUSA Perricone resigned his position on March 20, 2012 following revelations that he was posting inside information and his personal opinions on the Internet under a pseudonym.

Friday, May 24, 13

What We Know• AUSA Sal Perricone was an

integral player in the DOJ Report

• AUSA Perricone had applied to be Superintendent of Police for NOPD

• AUSA Perricone resigned his position on March 20, 2012 following revelations that he was posting inside information and his personal opinions on the Internet under a pseudonym.

Friday, May 24, 13

What We Know

• Former AUSA Perricone was the "close observer of the Department" who coined the phrase "aorta of corruption" which proved to be very inflammatory and popular with the media.

Friday, May 24, 13

• On May 16, 2011, Mayor Landrieu and Chief Serpas announce their plans for thwarting the "aorta of corruption."

Friday, May 24, 13

Mayor Mitch Landrieu makes hay of Sal Perricone flap in bid to reverse order on NOPD reforms

nola.com, Jan. 31, 2013

Friday, May 24, 13

Non Taxpayer Funded Police Services

• The number of detail hours worked plunges from an average of about 29,000 per month to about 17,000 per month for the next year. Currently, that average is down to about 13,000 hours per month.

0

7500

15000

22500

30000

Before After Now

Friday, May 24, 13

0

300

600

900

1200

BeforeAfter

Now

Avg. RateOPSE Rate

Non Taxpayer Funded Earnings

Average Detail Income per Month Based on 900 Officers Working Details

Friday, May 24, 13

Proposed Ordinance"Time

Based" Officer Fee Detail

P/O

Sgt.

Lt.

White Shirts

$29 $5 $34

$32 $5 $37

$35 $5 $40

$39 $5 $45

Friday, May 24, 13

What the $5 per Hour Fee Pays For

• OPSE Office Overhead

• Staff Salary

• Credit Card Machines

• Software

Friday, May 24, 13

What the $5 per Hour Fee Does NOT Pay For

• Does NOT pay for new equipment

• Does NOT pay for equipment maintenance

• Does NOT pay for vehicles, canines, horses, or boats

• Does NOT pay for the Consent Decree

Friday, May 24, 13

Current Salaries v. Details Assumes officer with 15 years longevity.

Straight OT OPSE % Difference

P/O IVSgt.

Sgt. as P/OLt.

Lt. as P/OCapt.

$23.5 $35.25 $29 -17.700%$26 $39 $32 -17.900%$26 $39 $29 -25.600%

$27.5 $41.25 $35 -17.700%$27.5 $41.25 $29 -29.700%$32 $32 $39 21.900%

Friday, May 24, 13

Superdome Detail Rates Mercedes-Benz Superdome officials expect detail

expenses to increase by $300,000 - $400,000 per year.

Superdome Regular Event

Regular Holiday

Large Event

Large Holiday

Saints Game

Saints Holiday

P/O

Sgt.

Lt.

Cmdr.

$29 $43.5 $31.5 $46.5 $32 $48

$32 $48 $34.5 $51.75 $35 $52.5

$34 $51 $35.5 $53.25 $36 $54

$39 $58.5 $41.5 $62.25 $42 $63

Friday, May 24, 13

French Quarter Fest 2013Police Officer Detail Rates

FQ Fest Detail Rate OPSE % Diference

P/O

Sgt.

Lt.

$32.5 $29 -10.0%

$40 $32 -20.0%

$40 $35 -12.500%

Friday, May 24, 13

Salaries

• 2010 Dept. of Labor Bureau of Labor Statistics

New OrleansU.S. Average

Friday, May 24, 13

Salaries

• 2010 Dept. of Labor Bureau of Labor Statistics

0

20000

40000

60000

80000

OfficerDetective

Supervisor

New OrleansU.S. Average

Friday, May 24, 13

Holidays

• The proposed ordinance does not provide for holidays or holiday pay.

Friday, May 24, 13

Holiday Pay

Holiday Fam. Holiday OPSE % DifferenceP/O IV

Sgt.Sgt. as P/O

Lt.Lt. as P/O

Capt.

35.25 58.75 29 -51.00%39 65 32 -51.00%39 65 29 -55.00%

41.25 68.75 35 -49.00%41.25 68.75 29 -58.00%

32 32 39 22.00%

Assumes Officer with 15 Years Longevity

Friday, May 24, 13

Premium Pay• In addition to city holidays, officers command

premium pay on other dates.

• New Years Eve/New Years Day

• Mardi Gras Weekend

• Christmas Eve/Christmas

• Easter Sunday

• Double Edged Sword - Some detail employers will not be able to afford a $17.00/hr. premium

Friday, May 24, 13

Minimum Pay

• Officers should be guaranteed a minimum or four (4) working hours

• Double Edged Sword - Some officers may be willing to work a 2 hour detail for a valued or regular detail employer

Friday, May 24, 13

Need for Flexibility• The current system works because it is controlled by

the detail market

• If an officer is willing to work at a Mom and Pop restaurant for $20/hr because they cannot afford to pay anymore, why should the ordinance or the consent decree stop it?

• However, the market will not permit low-ball offers.

• Flexibility would be beneficial in the detail employer's ability to choose recurring officers and in pay rates.

Friday, May 24, 13

Flexibility• Allow detail employers to specify certain officers,

particularly if it is a detail requiring a specific skill set. A specific skill set could include knowledge of routine behaviors - this helps an officer determine when something is wrong. A specific skill set could also include special training on explosive detection.

• Instead of specifying a set rate of pay, allow flexibility by setting a minimum and a maximum. Let the detail employers specify what they can afford within the specified range. Officers will choose to work the detail at the offered rate or not.

Friday, May 24, 13

Other Pay Issues

• Provisions should be made for details which exceed the allotted number of hours.

• Provisions should be made for details cancelled at the last minute.

Friday, May 24, 13

Employee Status

• The right of control and supervision, selection and engagement, payment of wages, and the power of dismissal determines whether an “employee” status exists. Ermert v. Hartford Insurance Co., 559 So.2d 467 (La.1990).

Friday, May 24, 13

Employee Status

• Control and Supervision - Paragraphs 369-374, Pages 92-94

• Selection and Engagement - Page 86, Paragraphs 339-343, Pages 88-89, Paragraphs 356-360.

• Payment of Wages - Page 88, Paragraphs 351-355; Proposed OPSE Ordinances

• Power of Dismissal - Page 86, Paragraph 343 and Pages 88-89, Paragraph 356

Friday, May 24, 13

Official Duties

• If an officer is required to assume official duties unrelated to the purpose of the detail, the officer should be paid by the NOPD.

Friday, May 24, 13

NO RUSH

• There is no reason to rush into this proposed arrangement.

Friday, May 24, 13

NO RUSH

• There is no reason to rush into this proposed arrangement.

Friday, May 24, 13

Friday, May 24, 13

Friday, May 24, 13