Public testimony on police reform and accountability

The work group for Police Reform and Accountability will be having a public hearing on August 6, 2020. We need members of the public to testify is support of law enforcement. Please see below and have your friends, family and neighbors register to sign up. The work group members need to hear from those who support the professional job we do everyday. Registration is on a first come first serve basis so please be available to register at 9:00am on Wednesday, July 29, 2020.

Registration for Public Testimony Open from July 29 – July 30.

Beginning at 2:30 pm on August 6, the Work group will hear public testimony from individuals on the following issues: investigations of police misconduct, including investigations under Maryland’s Law Enforcement Officers’ Bill of Rights statute; establishing a uniform statewide use of force and arrest policy for police officers; the use of body cameras and disclosure of body camera footage; and the independent prosecution of law enforcement related crimes. In order to testify, an individual must register (This site will be updated at a future time to provide a link to the web page for meeting registration.).  The registration window will be open from 9:00 am on Wednesday July 29 to 9:00 pm on Thursday July 30.  Slots for registration will be limited and provided on a first come, first served basis.  Please note that the meeting will take place virtually via Zoom and testimony from each registrant will be limited to 2 minutes. A Work group staff member will contact registrants on or before August 5 to confirm the registrant’s attendance and provide further instructions for accessing the virtual hearing.

Contract Ratification Results

The amended tentative settlement agreement between the Baltimore County Administration and Baltimore County Fraternal Order of Police Lodge #4 (FOP) was presented to the membership for ratification. The ratification process was done electronically via department email and a secured voting system through Election Buddy for 5 days in an effort to provide the opportunity for as many members as possible to vote. The ballots were tallied after voting closed at 0800 hours on June 15, 2020.

The voting totals were as follow: FOR Ratification – 712  AGAINST – 67

This Memorandum of Understanding is for July 1, 2020 – June 30, 2021

Thank you to all of those who participated.

The Professionalism of Baltimore County Police Officers

In light of current national events I felt it was necessary to communicate the facts regarding the work our members do everyday under extraordinary circumstances.

Please take a few moments to read the statement below  and see how our members’ conduct over the last decade does not reflect the  narrative currently being cast on law enforcement.

Click on the link below:

The Profesionalism of BaltimoreCounty Police Officers

Dave Rose
President

 

Settlement of EEOC Class Action Lawsuit

This suit was brought forward 20 years ago by 2 correctional officers and the EEOC.

Please direct any question to Rust consulting.

The link below is to the Baltimore County Retirement Office web page.

There is a section referring to the class action lawsuit “Notice of Class Action Lawsuit“.  This PDF file describes the eligibility for the suit and lists those deemed by the EEOC, Baltimore County and the Federal Court to be eligible for damages.

You may contact Rust Consulting at 1-800-760-6408 between the hours of 8 a.m. and 7 p.m. Central Time, Monday-Friday, should you have any questions.

 

 

 

Motion from Executive Board Meeting on May 18, 2020

There was a motion from the Election Process committee  to spend up to $3700.00 for the process to set up the voting for the next election process. This came from committee unanimously and the motion was 2nd by Brother Franks.

Total:   Yes Votes_18__                     No Votes _0__            Abstentions __0_

This was the only motion that came before the board. The entire board participated in the meeting. The above motion passed unanimous.

 

Statement from President Rose – Re: FOP 2020 Contract

President’s Statement – FOP 2020 Contract Modifications

July 1, 2020 Tentative Settlement Agreement

On May 14, 2020 the Negotiation Committee made a recommendation to the Executive Board of Directors to approve the modifications to the July 1, 2020 Tentative Agreement out for the membership for ratification. The motion passed unanimously.

Details on the ratification process will be forthcoming.

Thank you,

Dave Rose

 

Baltimore County agrees to pay $5.4M to settle suit

Motions from the FOP Lodge #4 Board of Directors Meeting April 20, 2020

The FOP Lodge #4 Board of Directors Meeting was held on April 20, 2020.

This meeting was through Zoom and 18 members of the board did participate. Brother Tom Scally did attempt to join in the meeting two times but was unable to join in.

Legal Counsel Mike Davey also joined the meeting.

There were two motions made at the meeting. The motions are listed below.

Motion: Brother Franks made a motion that Lodge #4 send up to 5 members of the peer group to the Concerns of Police Survivors’ National Conference held in Oklahoma City November 6-8, 2020. The cost would be $5500.00 for the 5 members. This motion was seconded by Sister Kraemer. Motion passed unanimously.

Motion: Under Donation review Brother Franks informed the board that 2 of the donations that were passed in March are not being made now due to COVID-19 cancellations of the events. They were the Md. Law Officer’s Hockey tournament and the Saving Our Young Baltimore law enforcement football camp.

Brother Franks did advise that the $1,000 donation to the Baltimore County COVID-19 Response Fund, which is working with the MD Food Bank and local venders to deliver food to families throughout Baltimore County passed last month. After this donation was made there was further discussion as to Lodge #4 making additional donations during this crisis.

VP Massey made a motion to make another $1,000.00 donation. The motion was seconded by Sister Patterson. The motion passed unanimously.

Brother Caskey asked if the lodge received any public recognition for the donation. Brother Don Patterson advised that President Rose has been sending information out in emails and also through our social media and this donation was included in one of the March posts. President Rose advised that this will be included in our future social media post.

If there are any objections to the above motions please contact the lodge to discuss the issue.

Correction to the newsletter under bereavements, Jean Ather was the mother of Bro. Tracy Ather.

Fraternally,

Ken Schubert
Chairman

 

 

 

 

Contract Ratification Results

On April 15 and 16, 2020 the tentative settlement agreement between the Baltimore County Administration and Baltimore County Fraternal Order of Police Lodge #4 (FOP) was presented to the membership for ratification. The ratification process was done electronically via department email and a secured voting system through Election Buddy for 2 days in an effort to provide the opportunity for as many members as possible to vote. The ballots were tallied after voting closed at midnight, April 16, 2020.

The voting totals were as follow: FOR Ratification – 870  AGAINST – 89

This Memorandum of Understanding is for July 1, 2020 – June 30, 2021

Thank you to all of those who participated.

Tentative Settlement Agreement & Ratification Explanation

Tentative Settlement Agreement Effective July 1, 2020 – June 30, 2021

The above link is the settlement agreement between FOP Lodge #4 and the Baltimore County Administration. Please read it carefully and contact a member of the negotiations committee or Executive Board for any questions you may have.

Voting will take place from Wednesday, April 15th at 8:00am through Thursday April 16th at 12:59pm. For the first time we will be doing the ratification electronically. You will receive an email in your department email address From the Baltimore County Fraternal Order of Police. Only eligible members will be able to vote. Retirees and the Executive Corps have been removed from the email list. Your email will contain a link from a proven third-party election company, Election Buddy. You will click on the link and you will be able to see the agreement and a selection to cast your vote.

 

Employees on the Front Lines Will Receive Additional Compensation During COVID-19 Pandemic

In recognition of the critical role first responders and other essential public-facing employees are playing in the County’s efforts to respond to the COVID-19 pandemic, County Executive Johnny Olszewski today announced an essential pay program for those County employees.

“Our public-facing employees are on the front lines of this crisis, and their extraordinary efforts deserve recognition and compensation,” Olszewski said. “I know I speak for all of Baltimore County when I say we are incredibly grateful for their dedication to keeping our communities safe and healthy during this challenging time.”

All first responders and essential public-facing employees are eligible for additional pay under the new program. For these employees, essential pay will be $200 per two-week pay period for the duration of the County Executive’s Declaration of Emergency, or up to five pay periods and $1,000.

First responders and essential public-facing employees will include, but are not limited to, police, fire, corrections, 911 center employees, and certain workers in Health and Human Services, Public Works, Aging, and Recreation and Parks.

Some other employees performing mission-critical functions who are unable to telework will be eligible for essential pay of $100 per pay-period for the duration of the County Executive’s Declaration of Emergency or up to five pay periods and $500.

The essential pay program is the latest step in the County’s efforts to respond to the COVID-19 pandemic.

EEOC Issues Guidance on the ADA and Pandemics

On March 21, 2020, the EEOC issued an updated a 2009 publication originally issued during the spread of the H1N1 virus, retailoring it to address COVID-19. You can find the full publication here. The publication addresses an employer’s rights and obligations under the Americans With Disabilities Act in the face of an epidemic or pandemic.

Of most interest in the public safety workplace are a series of questions and answers about how an employer may deal with employees during a pandemic. Paring the Q&As down to their essentials, here is the EEOC’s guidance.

Can the employer send employees home if they display similar symptoms to those caused by the disease underlying a pandemic?

Yes. The EEOC believes that “advising such workers to go home is not a disability-related action. . . Additionally, the action would be permitted under the ADA if the illness were serious enough to pose a direct threat.  This means an employer can send home an employee with COVID-19 or symptoms associated with it.

During a pandemic, how much information may an ADA-covered employer request from employees who report feeling ill at work or who call in sick?

ADA-covered employers may ask employees if they are experiencing symptoms similar to those caused by the disease. The EEOC believes that “employers may ask employees who report feeling ill at work, or who call in sick, questions about their symptoms to determine if they have or may have COVID-19.  Currently these symptoms include, for example, fever, chills, cough, shortness of breath, or sore throat.”

During a pandemic, may an ADA-covered employer take its employees’ temperatures to determine whether they have a fever?

The EEOC advises that “Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees’ body temperature. As with all medical information, the fact that an employee had a fever or other symptoms would be subject to ADA confidentiality requirements.”

When an employee returns from travel during a pandemic, must an employer wait until the employee develops symptoms to ask questions about exposure to the pandemic disease during the trip?

No. The EEOC believes that “these would not be disability-related inquiries. Employers may follow the advice of the CDC and state/local public health authorities regarding information needed to permit an employee’s return to the workplace after visiting a specified location, whether for business or personal reasons.”

During a pandemic, may an ADA-covered employer ask employees who do not have symptoms to disclose whether they have a medical condition that the CDC says could make them especially vulnerable to complications?

No. The EEOC believes that “making disability-related inquiries or requiring medical examinations of employees without symptoms is prohibited by the ADA. However, under these conditions, employers should allow employees who experience flu-like symptoms to stay at home, which will benefit all employees including those who may be at increased risk of developing complications.”

May an employer encourage employees to telework (i.e., work from an alternative location such as home) as an infection-control strategy during a pandemic?

Yes. The EEOC opines that “Telework is an effective infection-control strategy that is also familiar to ADA-covered employers as a reasonable accommodation. In addition, employees with disabilities that put them at high risk for complications of [a] pandemic may request telework as a reasonable accommodation to reduce their chances of infection during a pandemic.”

During a pandemic, may an employer require its employees to adopt infection-control practices, such as regular hand washing, at the workplace?

Yes. The EEOC indicates that “requiring infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal, does not implicate the ADA.”

During a pandemic, may an employer require its employees to wear personal protective equipment (e.g., face masks, gloves, or gowns) designed to reduce the transmission of pandemic infection?

Yes. The EEOC advises that “an employer may require employees to wear personal protective equipment during a pandemic. However, where an employee with a disability needs a related reasonable accommodation under the ADA (e.g., non-latex gloves, or gowns designed for individuals who use wheelchairs), the employer should provide these, absent undue hardship.”

If a vaccine is developed for COVID-19, may an employer compel all of its employees to take the influenza vaccine regardless of their medical conditions or their religious beliefs during a pandemic?

No. The EEOC takes the position that “an employee may be entitled to an exemption from a mandatory vaccination requirement based on an ADA disability that prevents him from taking the . . . vaccine. This would be a reasonable accommodation barring undue hardship (significant difficulty or expense). Similarly, under Title VII of the Civil Rights Act of 1964, once an employer receives notice that an employee’s sincerely held religious belief, practice, or observance prevents him from taking the . . . vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship as defined by Title VII (“more than de minimis cost” to the operation of the employer’s business, which is a lower standard than under the ADA).