New England PBA Informational Paper

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NEW ENGLAND PBAA P R O F E S S I O N A L L A W E N F O R C E M E N T U N I O N

Election Edition MASSACHUSETTS TRIAL COURT MEMBERS July/Aug 2011

A PersonAl PersPective From AcPo lArry DulleA

Vote New England PBA"A Professional Law Enforcement Union"

Better Benefits. Better Results.

Better Choice.SEE PAGE 12-16 FOR DENTAL + VISION PLANS

Who Should You Vote For And Why?

This is NOT an easy decision despite the fact that both Unions want you to think it

is. For those of you that may not know, I have been involved with NAGE since it replaced SEIU Local 254 as Chairman for the Probation Negotiation Team (2003-2006) and then as Local 118 President (ACPO/POIC) twice after local unions were created (2007-2008/2009-2011). I also resigned twice from these elected positions as President of Local 118 over some ongoing ethical differences, union practices, perceptions and distortions directly with NAGE President David Holway over the past eight years. These differences reached another disappointing crossroad recently when Holway chose to circumvent

the will of the membership and Local Boards by deciding on his own that somehow furloughs would be a viable option to present to CJAM on behalf of the membership rather than the initial recommendations for cost saving measures that included language about layoffs, court c o n s o l i d a t i o n s , m a n a g e m e n t hiring freezes and management staffing cuts.

There are people at NAGE that I like, respect and am grateful I got to work with. These NAGE people remained professional, committed and ethically driven towards goals that

have been in the best interests of the membership. NAGE, as a whole, also does good work in many other areas

too; member advocacy for grievances, their Lobbyist team efforts, legal documents/casework and charities nationally. Please ignore anyone who says there is nothing good about either union here…NAGE or NEPBA. Those are simply ignorant people trying to get

you to vote on emotions or distortions.In my opinion, there is much more

that should have been done on our behalf by NAGE for the past 5 years that was not. NAGE knows that half

of the membership signed cards for decertification yet despite that fact they continue to treat these members as outcasts who should not be listened to, are bullied by some NAGE people or lied about. Why is that? Where are the faxes from NAGE that admit prior mistakes, some poor decisions or their minimization of CJAM’s continued disregard for members’ rights and fair and equitable compensation for five years? All of this occurred with a reduced workforce and increased responsibilities and liabilities for the members. Where is the fax from NAGE that talks about what they will do to try and reunite all members, to listen to differing views, rather than just bad mouthing NEPBA or

SEE Larry Dullea / PAGE 7

Much of the testimony centered on the Massachusetts Constitution Article #11, which guaranteed “Public access to justice” mandate, and how relocating court houses would restrict access to people on the lower end of the socio-economic scale who would undoubtedly have transportation issues.

Elected officials spoke of the economic hardships that businesses located around these court houses would suffer, as well as the impact of making “long term” decisions for what may be a “temporary”

On Wednesday, August 4, 2010, the Trial Court Relocation Committee held its first

public meeting to solicit comment on the committee’s proposed recommendations for Berkshire, Franklin, Hampden, Hampshire and Worcester counties. Testimony on the impact that these closings and relocations will have was received from sitting and retired judges, clerk magistrates, chief probation officers, lawyers, Selectmen, State Senators, State Representatives, Chiefs of Police and Congressman Jim McGovern.

NAGE WAS SILENT DURING TRIAL COURT RELOCATION

problem, with hopes of the economy recovering. Court personnel made impassioned points on how closing court houses would affect an already burdened staff that are operating with 800 fewer employees since the 2008 “absolute” hiring freeze.

Chief Probation Officer Steven P. Santora, of the Westborough District Court spoke about the impact relocating his courthouse would have on his staff’s ability to supervise probation.

No NAGE lobbyists spoke or even attended this event. So, who will really speak for you?

Who Will Speak For You When CJAM Closes The 11 Courthouses?

As members of the Massachusetts Trial Court you will FINALLY have

the right to choose the union that will best represent you and your fellow members. Your decision will ultimately affect how you will provide for your family and the type of work environment in which you will be exposed to on a daily basis. As members of NAGE, you NEVER

SEE NAGE PROPAGANDA / PAGE 23

Read David Bernard's E-Mail Directing Your Executive Board to

Sign His Propaganda LetterSEE PAGE 2, 6 & 10 FOR MORE NAGE RAGE

Where is your

10%"Guaranteed"

Pay Raise

New eNglaNd PBaNew eNglaNd PBa2 July/August 2011

Hack's Aspirations May Go Bust Over His Big, Bad Mouth

For all of you who yearn for a career in the so-called labor movement, ponder

the lesson of one David Holway.The lesson is this: if you want

the members to elect you to a big job, don't ever get loaded and tell a couple of them: "I protect the inter-est of (bleepity-bleeps) like you."

Holway, for those of you who don't frequent the State House, is a career hack, age 54, a failed pol, a lobbyist and onetime coat-holder for a convicted felon. He hangs out at a joint called Guido's Florida Cafe. He's a big guy, with red hair and a matching red nose.

This was the year Holway thought he would finally get his own pinky ring. His scheme was - is - to become the capo di tutti capi of the National Asso-ciation of Government Employ-ees (NAGE), a Quincy-based union with thousands of police members across the country.

But now it all goes astray, because eight years ago tomorrow, on July

4, 1994, Holway ingested a bad ice cube, and as a local cop led him away, allegedly drunk as a skunk, Holway uttered these words:

"I protect the interests of (bleepity-bleeps) like you!"

The expletive Holway used is a seven-letter word that begins with A, and the word is not AFSCME's, as in American Federation of State County and Municipal Employees.

As he issued his version of do-you-know-I-am?, he was wearing not one, but two baseball caps, both of them sideways, one to the right and the other to the left.

Repeated calls to Holway seek-ing comment were not returned.

Our story begins on July 4, 1994, when the Wrentham police got a call at 6:41 p.m. about "an in-toxicated party" starting a fight at Mike's Truck Stop. On the way to the truck stop, the officer observed a blue Jeep station wagon weav-ing all over Route 1. When the cop got to the truck stop, some of the patrons told him the drunk had just driven off in the blue Jeep.

Holway was pulled over and was given the alphabet test. He got as far as "t" before his memory failed him.

The lobbyist was placed un-der arrest - an indignity union presidents usually endure af-ter, not before, they are elected.

From the police report! : "He stated, 'You (bleeping) guys are tough.' He was placed into hand-

cuffs and transported to the sta-tion. Enroute . . . he was very abusive calling me names and telling me I would regret this."

The report goes on, full of threats and screaming.

Holway was finally taken to Plainville for a Breathalyzer, then got there and refused to blow into the machine properly.

Another officer filed a report on the drunken lobbyist. He also in-cluded some of his choicer quotes:

"I'm not signing nothin'. . . You don't understand, I'm on your side, I'm a good guy . . ."

Holway blew a .19, almost double the old .10 limit, but it was a "deficient sample" so his driver's license was confiscat-ed and cut in half. The Wren-tham PD has a sheet entitled In-toxicated Person Observations.

His attitude was Cocky, In-sulting and Combative. (Among choices not checked were Polite and Cooperative.)

Ten months later, the case was broomed by the very ethical DA, now Congressman, Bill Delahunt. The actual broom-memo, as it were, was written by an assistant district attorney who later became a flack for Jane Swift, so you know every-thing had to be on the up-and-up.

The reason for brooming the OUI: "The arresting offi-cer has left the Wrentham Po-lice Department and is no lon-

By: Howie Carr, Columnist

ger available to testify at trial."And now he's running for presi-

dent of the union. In two months the delegates will assemble to vote in the very appropriate venue of Las Vegas. The winner gets the biggest pinky ring in the world, and the los-er gets shot in the head and buried in a shallow grave in the desert.

Too bad Dave Holway never called me back, because I had four pieces of advice for him.

No. 1, hire a driver. No. 2, lose the second baseball cap. No. 3, the letter in the alphabet af-ter t is u. And No. 4, never, ever call any of your own union's members AFSCME's again.

Howie Carr's radio show can be heard every weekday afternoon on WRKO AM 680! , WHYN AM 560, WGAN AM 560, WEIM AM 1280, WXTK 95.1 FM or online at ho wiecarr.org.

Copyright 2002, 2010 Boston Herald R e c o r d : 1 3 0 6 F 0 2 0 B 3 E 4 7 8 3 8

How Does David Holway REALLY Feel About His Members? Read Howie Carr's Infamous Article As Featured in 2002

EDITORIAL

NAGE President David Holway


AN OPEN LETTER FROM I.U.P.A. PRESIDENT SAM A. CABRAL

ENDORSEMENT


THE REAL TRUTH ABOUT NAGE'S LETTERS OF SUPPORT

These Three Unions Are Not Members of NAGEIf NAGE is such a great union, why aren't these unions part of NAGE?

Where Are All The NAGE Letters of Support From The People They Represent of Their Own Locals

Within Massachusetts?

Truth Be Told . . . NAGE has lost over 6,000 law enforcement membersand more locals than any other labor union in the country.

EDITORIAL


AN OPEN LETTER FROM THE WORCESTER POLICE OFFICERS UNION

ENDORSEMENT


Please read the email from NAGE State Director David Bernard in which he is directing Local President Dave Abbott to forward a letter to your Executive Board and to have them sign this fabricated letter as their own. As indicated in this e-mail, Bernard's scheme is to send out their usual hate mail on the Tuesday/Wednesday before you receive your ballots.

Is this the type of union representation your really deserve or want?

SHAME...SHAME...SHAME ON DAVID BERNARD

- - - - FORWARDED MESSAGE - - - - FROM: "David Bernad" <[email protected]>TO: "David Abbott" <[email protected]>CC: <[email protected]>, <[email protected]>Subject:Date: Fri, Jul 15, 2011 7:30 am

Dave..This is Steve's letter, which we feel will be perfect to come from your EBoard. Please forward it to your Board members and confirm using their names and signatures on the letter.We would like to maul this to your members the next Tuesday/Wednesday.Thanks

We would hope your Executive Board would be truthful with their members!Ask Dave Abbott if he agreed to this or simply call

NAGE State Director, David Bernard: (617) 376-7250

NAGE RAGE


to believe anymore. Again, the issue here is trust: who do you believe?

NEPBA vs NAGE! The time to vote is almost upon us and decisions need to be made. Let me ask you a few simple questions: "are you happy with the Contract that was recently agreed upon by NAGE and CJAM?" (forgetting for the moment how the funding method will actually occur and the time line for it). “Do you want the same people that negotiated the last Two Contracts for you to begin negotiating your next contract in January 2012?” Let us not also forget the great game of semantics that has been played about the raises; "10% in the next 13 months" versus 10% over 6 years including 3 zero years. NAGE’s changing the name of things doesn’t alter the reality of the facts and you know that from

all the financial burdens that have increased during the past 5 years as you waited for something other than 1% for a year with a “guaranteed maybe” 9% later you may pay for.

I am supporting New England PBA because it is time for a change and NAGE wasn’t good enough. They failed us by not getting us what we deserved and by not finding alternative solutions. In the case of the Trial Court and CJAM, the learning curve by NAGE to adjust to the chronic unfair negotiation process went on for years with an eventual concession of too many member rights, earned compensation and suppression of contract language changes. I continue to believe that the lack of NAGE efforts to better understand what our members do day in and day out has never truly been fully grasped and ,as a result, advocacy became generic in many ways; same tactics for any NAGE members just different players. I want to try a Union that is more likely to understand what Probation Officers do, what Court Officers do;

undermines this election process and only further feeds into some member’s perceptions that there may have been collusion or other factors that continue to taint this process as well as the previous ones including hearings and rulings for the Regressive Bargaining cases against CJAM.

Recent news from the Trial Court spoke of court consolidations, personnel reassignments and relocation, and requests for a Legislative change to allow some additional modifications to existing policies and contract language. It sure sounds like a lot has been going on that we, the members, have not be made aware of in advance by NAGE, the Trial Court or both. The problem remains "what has been agreed to behind closed doors." It became abundantly clear to me during the

end of phantom negotiations with NAGE and CJAM that the majority of decisions were being made on the phone or behind closed doors and excluded the normal process for your elected negotiation teams. Some of those decisions were made directly by Holway to determine what would be proposed including language for furloughs, the loss of grievance rights and a way to get this contract voted on quickly.

NAGE continues to encourage misinformation being given at the local courts without correction. For example, one NAGE Rep during June and in July was telling members that they may get vacation time if there are furlough days. Well, having been part of the negotiations, I am unaware of that proposal ever being presented. Or when members have called NAGE and been told that Supplemental Funding is “90% assured and guaranteed.” So, members continue to complain about the misinformation being disseminated by NAGE in the hope that the truth might actually get told. In the end, it is hard to know what

Who Should You Vote For And Why?A PersonAl PersPective From AcPo lArry DulleA

"I am supporting New England PBA because it is time for a change and NAGE wasn’t good enough. They failed us by not getting us what we deserved and by not finding alternative solutions."

FROM PAGE 1 / Larry Dullea

- Larry Dullea

anyone who supports them? Where is the simple validation comment from NAGE that says “we understand some of you are angry, disappointed with the Contract and upset how you have been treated by CJAM.” Or maybe they could finally admit publically to members that NAGE is disgusted with some of CJAM’s tactics during negotiations or the lack of compromise through that entire process for years. How can David Holway testify at the State House before a Joint Committee on the need to replace CJAM Mulligan “immediately” with a new Chief Administrator and then passively give in to CJAM negotiation demands; including the financial blackmail now known as the possible “work furlough days for your raise?”

Why has NAGE not demanded that the DLR clarify all this nonsense about the ratified Contract being valid or not, regardless of the decertification vote? We know why, because it is just another excuse to continue to mislead members into believing whatever NAGE tells you to be true. I guess it is like their promise of guaranteed funding for the Supplemental Budget with no other evidence but NAGE’s “word” it is coming.

As for DLR, their position and comments are not only publically embarrassing but an admission of incompetence. To be told by DLR (according to NAGE) that “DLR is so uncertain about transferability, they won’t even answer questions about it at this point.” Wow! I was under the impression that’s what the Division of Labor Relations is legally obligated to do and they should have gotten this answer prior to the election and inform the electorate of the ramifications of their vote regardless of who wins. DLR approved this election remember? To say now that they do not want any questions from members of two Unions is a disservice to everyone and they should have been prepared to answer this question long ago given the facts, hearings and their own rulings that led to this election. Telling members you don’t know the answer to such a simple question completely

one that understands law enforcement and the complexities involved and the collaborations needed between these groups. NEPBA understands it because their law enforcement locals have been there... or been in a lockup on a Monday morning, or out with probation at night or watched what happens at the front door of courts every day. I also want a Union that is actually willing to talk about 150E and whether PO's and CO's should separate...not like NAGE that says it makes us weaker... I want the voices of ALL members to be heard and not muzzled at the first sign of discontent or disagreement. NAGE says "Members First" remember? Yes, as long as they remain silent or just agree.

I have actually heard some people say “the Devil you know is better than the one you don’t know.” Well, to these people I say “I don’t recall inviting the Devil to come in the first place which is another reason why they need to go.” Why should I listen to them now telling me there is another Devil coming?”No matter what happens we will NEVER go 5 years without a contract again or settle for 3 Zero years. And finally, what if New England PBA wins and you are not happy with them. Well, in 6 months (up to July 2012) the same decertification option exists for any other Union or group to step forward again to poll the membership. I think it is time to let New England PBA prove what they have promised; to let them start negotiating our next contract in January 2012 and to build a more united membership rather than us being trapped for another year with NAGE and CJAM Mulligan. If you believe things cannot get any better or that you do not deserve more then you have received then do not vote for change. I believe otherwise; the time for change is upon us now. Listen and learn the truth before you vote. I am sure NAGE will continue bad mouthing me as their desperation increases each day as we get closer to election results and finally get rid of them and rescue our contractual future and reinstate a union democracy for all members. The Truth of the Facts DO outweigh the Lies of the Fax. VOTE NEW ENGLAND PBA!

EDITORIAL


New England PBA Doesn't Just Go Along To Get Along . . .

CHELMSFORD: New England PBA protests Governor during re-election bid

LOWELL: NEPBA Executive Director Jerry Flynn, Executive Secretary Bryan W. McMahon, and NEPBA Local President, Barry Golner of Lowell Police meet privately at Owl Diner with Governor Patrick to discuss differences.

CHELMSFORD: New England PBA Local President Todd Ahern and members address Governor Patrick on issues concerning police details and Quinn Bill.

CHELMSFORD: NEPBA Executive Director Jerry Flynn confronts Governor Patrick, handing him a 'Dump Deval' bumper sticker

NEWBURYPORT: New England PBA Executive Director Jerry Flynn debates Governor in open town meeting debating police details

LOWELL: New England PBA and Lowell Police protests Governor during re-election bid

LOWELL: New England PBA Officials speaking privately with Governor Deval Patrick on union issues; Governor Patrick invites New England PBA to the State House to address concerns.

PROFESSIONAL NEGOTIATIONS


Do you think that had an adverse effect on your current contract?

OUR IDEA OF PROFESSIONAL NEGOTIATIONS . . . New England PBA Gets RESULTS!

BOSTON: NEPBA Executive Director Jerry Flynn, NEPBA Regional Vice President Tom Daly and NEPBA Local 911 President, Stephen Gunnerson of Worcester Police meet with Governor Deval Patrick and Lt. Gov. Tim Murray

ISSUES DISCUSSED

- NEPBA Legislation for inclusion on JLMC

- Funding for Mass. DOC Captain's contract

- NEPBA sponsored language for Quinn Bill

- NEPBA sponsored language for police details

- Governor Signs Budget and adds New England PBA to JLMC List- Contract & Funding Approved for Mass. DOC - Captains'

NEW ENGLAND PBA GETS RESULTS

NEPBA Executive Director Jerry Flynn stated, “We have worked extremely hard to get our message of inclusion and to develop a working relationship with Gov-ernor Patrick and his administration, however we also have serious differences of opinion with respect to police details and his position of utilizing civilian flaggers.” Flynn added, “NEPBA is committed to continuing the positive dialogue we have de-veloped with this administration and we are hopeful that our ideas and the concerns of our membership will become of paramount concern to the Patrick Administration.”

Is this YOUR idea of professional negotiations?

NAGE decided to picket Judge Mulligan's house in a chicken suit during the summer of 2010 when negotiating your contract.

Where is your

10%"Guaranteed" Pay Raise?

PROFESSIONAL NEGOTIATIONS

- Contract & Funding Approved for Middlesex Sheriff's Dept.- Contract & Funding Approved for Worcester County Sheriff's Dept.


Court Officer Impersonated Over Phone, Captured On Voice-Mail

Identity Theft of Court Officer Brian Shea of the Taunton District

Recently, members of the enforcement community have been receiving phone calls from an impersonator pretending to be Court Officer Brian Shea of the Taunton District Court. In the message, the fraudulent party claims that he is looking for answers regarding the creation of a bogus new union. New England PBA has determined that Brian Shea's identity was stolen and filed a formal complaint with Thomas Connolly of the Massachusetts Trial Court.

Please Help Us Identify This CriminalListen to the Voice-Mail On Our Website:

N E P B A . o r g / v o i c e m a i l

New England PBA Files Formal Complaint With Trial Court

NAGE RAGE


FROM: THE NH PROBATION / PAROLE UNION, N.E.P.B.A. LOCAL 270

ENDORSEMENT


New England PBA: Altus Dental Plan

Benefits Highlighted In Yellow Indicate Better Services As Compared To NAGE

Two oral exams per calendar yearTwo cleanings per calendar year

One complete x-ray series or panoramic film every 36 months

Flouride treatment for children under age 19 twice per calendar yearevery six months

Sealants for children under age 16, once per unrestored permanent molarevery 36 months

Surgical placement of endosteal implant and abutment; replacement limited toonce every 60 months

Dependent Coverage - Dependent children are covered up until the end of the month thatthey turn age 26.

ALTUS DENTAL BENEFITS


The Altus AdvantageNew England PBA - Trial Court of MassachusettsThere is a reason why Altus Dental has been the fastest growing dental plan in Massachusetts for the last ten years. Much of our success comes from a commitment to providing client accounts and our membership with advantages of product and service.

Listed below are just some of the unique features that set our programs apart from NAGE, their brokerage agencies of record and other competitors:

BENEFIT RELATED

Coverage for two oral exams per calendar year - As opposed to the NAGE practice of only once every 6 months

Coverage for two cleanings per calendar year - As opposed to the NAGE practice of only once every 6 months

Coverage for dependent children to age 26 - As opposed to NAGE's program coverage of dependents to age 19 and full time students only to age 25

Coverage for Single Tooth Implants, not limited to in lieu of three unit bridge

Coverage for Sealants to children under age 16 once every 36 months - As opposed to NAGE's limit of under age 14 once every 48 months

FEATURE RELATED

Altus Dental's deeper provider network discounts deliver reduced member out of pocket expenses and more available annual benefit dollars

Altus Dental's ongoing and successful network recruitment results are unsurpassed in the marketplace

Recent Custom Survey Results Show That:* 99% of our customers are satisfied or very satisfied with the quality of dental treatment they received * 90% of our customers are satisfied or very satisfied with the availability of dentists in their area* 94% of our customers are satisfied with Altus Dental* 85% of our customers are satisfied or very satisfied with the courteousness of our customer service

We Continuously Exceed Industry Standards. Our 2010 Highlight Include:* Claim Turnaround: 98% of claims were processed within 10 days* Financial Accuracy: 99.7% of claim payments were financially accurate* Problem Resolution: 98% of inquiries were resolved on first contact


The NAGE/Delta Plan Is Guaranteed to Increase By 5% Over The Next 3 Years!

Better Than The Current NAGE Plan


New England PBA: Altus Dental PlanALTUS DENTAL BENEFITS


New England PBA: Altus Dental Plan

Optional Premium Plan Available - NAGE Can't Compare To Any Of Our Offerings



New England PBA: EyeMed Vision Care PlanEYEMED VISION BENEFITS


Vote New England PBA"A Professional Law Enforcement Union"

NAGE Can't Compete With New England PBABetter Benefits. Better Reults. Better Choice.

NAGE is again lying to you! Their latest spin states we have poor benefits and that New England PBA cannot offer you more. Let us set the record straight: New England PBA Has The Best Benefits to Offer. NAGE

doesn't have anything close to what we offer!

From dental and vision, to cell phone and vacation offerings, even mortgage and estate planning, we have a ro-bust network of benefits. We work with key AFL-CIO partners which have relationships at leading companies who pride themselves on customer satisfaction, network strength and overall performance – all at industry allowed lowest rates which we pass on to you. Compare the IUPA / AFL-CIO benefits page against

NAGE and see how much more we offer you!

New England PBA Brand Partnerships:

As Seen On Trial Court Blast Fax

Don't Believe The Lies From NAGE.New England PBA is Always The Better Choice.

For More Information, Please Visit:

ADDITIONAL NEPBA BENEFITS

NEPBA.org/benefits IUPA.org/memberbenefits AFLCIO.org/aboutus/benefits


March - 2011 Beyond The Badge 3

EDITORIAL POLICY

1. Opinions expressed in this publication are not necessarily those of the New England Police Benevolent Association, Inc., I.U.P.A., AFL-CIO or any other law enforcement organization.

2. Beyond The Badge is not responsible for the opinions expressed in submitted letters or columns, which by definition are opinion pieces.

3. Beyond The Badge assumes no responsibility for unso-licited material.

4. Letter to the Editor, Op/Ed Columns and Columnists can be submitted to Beyond the Badge, but any submissions are the opinions of the writer.

5. Letters or articles submitted shall be accompanied by writer’s name, but may be reprinted without name or address at writer’s request.

6. Freedom of expression is recognized within the bounds of good taste and the limits of available space, but the Editorial Board reserves the right to edit any submissions and to include Editor’s notes to any submitted materials.

7. The deadline for printed materials is the 20th of the month preceding the next issue.

8. All advertising material developed and published by this newspaper is protected by the copyright laws of the United States and cannot be duplicated without the express written consent of the publisher.

9. All copyrighted material shall require the express written consent of the owner prior to publication.

EDITORIAL POLICY

Those in public safety, due to the nature of the job, have special concerns when it comes to legal representation – concerns which

overlap from professional life to personal life. Because we represent thousands of NEPBA Members, our lawyers are very familiar

ith i d i l lifi d t id l t t ti A l f h il di t d fwith your issues, and we are uniquely qualified to provide complete representation. As always, our fees our heavily discounted for

NEPBA members.

PERSONAL INJURY CASES

BUYING, SELLING & REFINANCING A HOME

ESTATE PLANNING

CALL (978) 454-3800 or Visit Our Website for More Information.

CALL (978) 454-3800 or visit our website for more information

nphlegal.comThose in public safety, due to the nature of the job, have special concerns when it comes to legal representation – concerns which

overlap from professional life to personal life. Because we represent thousands of NEPBA Members, our lawyers are very familiar

ith i d i l lifi d t id l t t ti A l f h il di t d fwith your issues, and we are uniquely qualified to provide complete representation. As always, our fees our heavily discounted for

NEPBA members.

PERSONAL INJURY CASES

BUYING, SELLING & REFINANCING A HOME

ESTATE PLANNING

CALL (978) 454-3800 or Visit Our Website for More Information.

Personal Injury CasesEstate Planning

Buying Selling

Refinancing a Home

Inside this EditionInside this Edition INAUGURAL EDITION NOVEMBER 2010

FREE COPY

A Division of Thin Blue Line Publications, LLC Volume 1, Issue 1 November 2010

A MONTHLY PUBLICATION WITH INTERESTS, OPINIONS AND COMMENTARY ABOUT LAW ENFORCEMENT

BEYOND THE BADGE

BEYOND THE BADGEA Division of Thin Blue Line Publications, LLC

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Beyond The Badge is printed by Graphic Development in West Hanover, MA.

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Editorial/ Political Cartoon.........................................................................................2 Ed i tor ia l Po l icy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2New Hampshire Legislative Update.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5News in Brief....................................................................................................................7Union News......................................................................................................................8View from the Street................................................................................................9Legal/Legislative Update, MA...............................................................................11, 15Food & Wine............................................................................................................12Confidential Informant............................................................................................13In The Line of Duty.................................................................................................16Crossword Puzzle..................................................................................................16Finances - Retirement...........................................................................................17In the Workplace....................................................................................................17Corrections..............................................................................................................18In Memorium............................................................................................................19Fundraisers/Benefits...............................................................................................20In the Community/On the Streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Law Firm of Nolan Perroni Harrington, LLP of Lowell, MAEXTENDED LEGAL BENEFITS

New eNglaNd PBa July/August 2011 19 March - 2011 Beyond The Badge 11

declaration is needed for this protection; * Homeowners receive a $500,000

homestead protection by recording a homestead declaration; all owners must sign to gain the protection;

* All owners must occupy or intend to occupy the home as principal residence;

* Owners who are elderly or disabled should each file a homestead under section 1A of the new law to gain maximum protection (beyond $500,000);

* Under new law, both spouses can record a homestead;

* Property held in trust can be homesteaded;

* Every homeowner who has refinanced his/her mortgage in the last several years should record a new homestead declaration since many refinancing mortgages contained a waiver of homestead rights;

* If a married couple has divorced or separated, each should re-examine whether a new homestead declaration is needed; and

* As under prior law, homestead declarations are subject to mortgages executed by all owners.

Major Changes in the LawUnder the previous law, homeowners

had to physically file a Declaration of Homestead at the registry of deeds to obtain coverage. Now, there is automatic coverage in the amount of $125,000 without any filing. It is important to note that some action on your part is still required in order to obtain the maximum equity protection of $500,000. So, if you want the maximum protection, the homeowner must still file the Declaration at the registry. Given housing values today, it certainly is worth the small effort, and small filing fee, it takes to file the declaration. A call to your local

registry of deeds, or a visit to its website, should quickly answer any filing questions, as well as provide you with the forms to print. The form is simple and takes only minutes to fill-out.

One other big change is that the law now allows homeowners to sell their primary residence, yet maintain the same Homestead protection on the proceeds of the sale. The protection on those funds is available for one year from the time of the sale or when a new primary residence is purchased, whichever happens first. This protection is particularly valuable for someone defending a lawsuit, as it allows that person, assuming they properly filed the homestead declaration, to sell their home without fear of losing the equity proceeds through the lawsuit.

The Homestead Act is a simple tool that no homeowner should ignore, particularly those who are likely to be sued just because of the nature of their jobs. You certainly are not the first officer to have some angry suspect scream at you that he’s going to sue you, and threaten that he is “going to own your house.” And while most such threats are frivolous, we all know the system can be uncertain. So, protect yourselves and your families.

Please forgive this legal disclaimer – this article is not meant to be legal advice, and you should always consult a lawyer with your particular situation. As always, my partner Jim Harrington, our real estate specialist, is available to discuss real estate legal issues affecting NEPBA members. These matters are often addressed in the course of estate planning, a service that Jim has provided to countless officers. Feel free to contact him directly (jim@nphlegal) if he can help.

MASSSACHUSETTS LEGAL UPDATE

Law enforcement officers are generally the most visible public servants. Unlike teachers and

fire departments, you regularly come into contact with some dangerous and unpredictable people, as well as with good citizens who are in trouble. Society has appointed you to keep the community safe – which means giving tickets, making arrests, and testifying against defendants. The proper result of you doing your job is that people are often forced to pay fines and lose their freedom. You deal with domestic violence issues and substance abuse issues. Unlike any other occupation, law enforcement officers are authorized to use physical force against uncooperative and often violent citizens. As a result, those who come in contact with the police are often not pleased, and many times use the legal system as a form of retaliation.

It is a fact we all know to be true – many individuals that are faced with police action, are the subjects of force or are convicted of crimes, file baseless lawsuits against officers, both police and corrections, and these folks don’t just sue your employer either – they seem to make a special point of suing you personally. Whether your employer will indemnify you in these cases is a story for another day – but for now, let’s just say don’t count on it.

Given the nature of your occupation, it is very important for you to protect the assets that you and your family worked so hard to accumulate. Your home, of course, is number one on that list. In Massachusetts, one simple thing you can do is to take advantage of the Homestead Act. Most homeowners have heard the term “homestead” thrown around, but you, like many others, might be asking yourself

Cover Your Assets: New MA Homestead Law Takes Effect FROM THE DESK OF: GARY NOLAN, ESQ. LAW FIRM OF NOLAN, PERONI & HARRINGTON, LLP

what exactly is a homestead? This short discussion should answer that question, and will update you on the recent developments in the law.

The technical term is actually Declaration of Estate of Homestead, and it is a legal document filed at the registry of deeds. This document gives public notice that the homeowner is asserting his or her rights to protect the equity in their principal residence from subsequent creditors (emphasis on the word subsequent). Upon filing a Declaration of Homestead, a homeowner’s primary residence is protected against later filed real estate attachments, lawsuits, or bankruptcies up to five hundred thousand dollars ($500,000). As such, when a police officer is sued personally, a homestead may be particularly desirable.

Homesteads are not, however, a solution for every problem. There are some debt obligations that are not covered, such as debts relating to the purchase of the home (i.e. your mortgage) tax obligations, and child/spousal support obligations.

The Homestead Act has been around for a while, but was recently updated. On March 16, 2011, the new Massachusetts Homestead Law went into effect. This new law updated and revised the Homestead Act (M.G.L. c. 188, sect. 1-10). According to the Commonwealth’s Secretary of State, the following legal highlights are important:

* The Homestead Act allows homeowners in Massachusetts to protect their principal residence from unsecured creditors, up to a certain amount;

* Existing homesteads recorded prior to March 16, 2011 remain valid;

* There is an automatic $125,000 homestead; no recordation of a homestead


members of the

New England Police




good dental health.

www.altusdental.com

welcome


members of the

New England Police




good dental health.

www.altusdental.com

welcome

40 WILLARD STREET, SUITE G101 - QUINCY, MA 02169 * [email protected] - [email protected]

Hanley & Fitzsimmons, LLC is a leader in the field of union side labor representation. Hanley & Fitzsimmons can handle any employment related matters, personal injury claims, contract issues and criminal defense matters at a discount for any union member. The mission of Hanley & Fitzsimmons is to provide its clients with the professionalism and attention necessary to achieve the best results possible. The firm understands that each client has their own unique needs and is prepared to meet those needs to satisfy each individual client.

The attorneys at Hanley & Fitzsimmons provide their clients with the information necessary to make informed and intelligent decisions as to the appropriate course of action in their legal matters. We understand that visiting an attorney can be stressful and as such we endeavor to make clients feel at ease by answering their questions and providing them with a plan of action.

40 WILLARD STREET, SUITE G101 - QUINCY, MA 02169 * [email protected] - [email protected]

Hanley & Fitzsimmons has the experience and ability necessary to assist you with any legal issue which may arise, no matter how small or large.

www.hhflawyers.com

The Law Offices of Hanley & Fitzsimmons, LLCThe Law Offices of Hanley & Fitzsimmons, LLC

Law Firm of Hanley & Fitzsimmons, LLC of Quincy, MAEXTENDED LEGAL BENEFITS

Hanley & Fitzsimmons, LLC is a leader in the field of union side labor representation. Hanley & Fitzsimmons can handle any employment related matters, personal injury claims, contract issues and criminal defense matters at a discount for any union member. We have relationships with attorneys who can handle divorce and family law matters; estate planning; and employment related injury claims.

The mission of Hanley & Fitzsimmons is to provide its clients with the professionalism and attention necessary to achieve the best results possible. The firm understands that each client has their own unique needs and is prepared to meet those needs to satisfy each individual client.

The attorneys at Hanley & Fitzsimmons provide their clients with the information necessary to make informed and intelligent decisions as to the appropriate course of action in their legal matters. We understand that visiting an attorney can be stressful and as such we endeavor to make clients feel at ease by answering their questions and providing them with a plan of action.

Hanley & Fitzsimmons has the experience and ability necessary to assist you with any legal issue which may arise, no matter how small or large.

PHONE: 617-770-2929 [email protected] OR [email protected]

New England PBA Union members and their families are afforded significant discounts on all legal fees whether hourly, contingent or flat fees.

New eNglaNd PBaNew eNglaNd PBa20 July/August 2011 NEW ENGLAND PBA TESTIMONIALS

Malden Police Superior Officers Union, N.E.P.B.A Local 78

My experience with the New England PBA has been extremely satisfying, especially regarding contracts and issues that surface during contract cycles. My local had been sinking slowly with agreements driven by the negotiating team from the IBPO.

I would like to inform you what the New England PBA/AFL-CIO did for the Malden Police Superior Officers Union.We were in an 18 month contract battle with our Mayor and at this time we were represented by the I.B.P.O. / NAGE-SEIU. Our talks broke down when we refused to accept the Mayor's Health-Care Package. The Mayor then "DEMOTED 6 Officers." At this time the Union was frustrated

Natick Superior Officers Union, N.E.P.B.A Local 82It was sun setting to sun rising, the New England PBA team brought forward immediately a contract full of holes, plugged them and some and some again! The subsequent cycle added more depth and breath building toward the future. Working cooperatively

with the town we are steadily building a secure future for all of our members. These are the principals we asked for and the team from the New England PBA fostered a solid approach that has corrected errors and omission and are again paid as professional

with the I.B.P.O. negotiating techniques. We began to search for a new Union to represent us. After a lengthy search, the Union decided to go with New England PBA/AFL-CIO. After the decision to go with New England PBA as our new Union representative, 3.5 months later we signed a 3 year contractual agreement with the City of Malden, thanks to the professionalism of the members of the New England PBA negotiating team. Below are

some highlights of our contract:* The city agreed to a re-promotion to all ranks of ALL the officers previously reduced in rank.* 7 % Base Wage increase over 3 years.* To reinstate (in full, with retro) our educational incentive program known as the "Quinn Bill".* Health Care Benefit with a “Wellness Program".

* A separate budgetary line item, in the budget, called "Detail Fund” of $100,000.00 dollars. This amount of money will be used to timely pay all officers. Thank you,

Lieutenant George F. Grimes President of the Malden Police Superior Officers UnionLocal 78

I am taking the time to write a letter to express my support for the New England PBA. It is with great pleasure that I do this as being a part of the New England PBA has been an invaluable asset to the Marlborough Police Patrol Officers Association, Local 81. It is evident that the climate for various unions and union groups is changing. The climate

is getting more difficult which is evident each time we try to settle a contract. New England PBA’s representatives and the various attorneys affiliated with them have been instrumental in making the contract process a much more fulfilling proposition. As president of Local 81, I feel very confident and secure whenever a New England PBA representative

acts on our behalf. Their advice and expertise related to all matters pertinent to our union gives all our members confidence. Whenever I call them they return the call promptly and are always helpful. The maze of labor rules can be daunting to union members. With the help of New England PBA, things are explained simply and in a

manner which makes it easy to understand. The New England PBA stands with us and we stand with them.

Respectfully,

Matthew HassapesPresident - NEPBA Local 81, Marlborough Police Patrol Officers Association

Marlborough Police Officers Union, N.E.P.B.A Local 81

I am writing this letter in re-gards to NEPBA, and the pleasure it is to work with them. We, the Boston Housing Police Patrolman became members of NEPBA on April 13, 2011, and since then they NEPBA's business agent as-signed to us, as well as NEPBA's Attorneys have gone above and beyond what we have been expe-riencing over the past few years

Supervisors.

Thank YouSgt. Robert DunlopNatick Superior Officers

Boston Housing Police Patrolman's Union, N.E.P.B.A Local 151with our past union.

* Contract negotiations: We have already met (6/28) with managment regarding a new CBA, this is something that should have been done by our prior union over a year ago and was not.

* Outstanding ULP and Arbitra-tion: On 7/6/11, we as well as a NEPBA Attorney were heard at

the Labor Board regarding the outstanding ULP. The NEPBA Attorney assigned was very pro-ficiant with her knowledge of the charges, and did a professional job representing us. The outstanding arbitration is being handled at this time by a NEPBA Attorney.

Also, myself being a newly elected president I at times have a

lot of questions, and our NEPBA business agent and/or attorney have always been more than help-ful. I strongly believe that NEPBA is an assett to my local.

Yvonne MoschellaPresidentBoston Housing Police PatrolmanN.E.P.B.A. Local #155


AN OPEN LETTER FROM SGT. TOM FLEMING, LOWELL POLICE

ENDORSEMENT


NAGE SPENT $15,000 OF YOUR UNION DUES FOR RED SOX TICKETS

DARE TO COMPARE: NEW ENGLAND PBA vs. MASS C.O.P.

FINANCIAL UPDATE

NAGE and their cohorts have continuously stated New England PBA is in

financial trouble aka BROKE!Nothing could be further

from the TRUTH - in fact, ALL our Financials are Public Record and filed with the Massachusetts Division of Labor at the end of the calendar year.

Let’s look at the latest NAGE lie and dissect the truth using their own pals at MASSCOP.

To the right, you will find New England PBA Financial Information vs. MASSCOP Financial Information as of December 31, 2010:

Both have approximately the same number of Members with a slight edge to MASSCOP at the time of these financial filings.

We do not believe MASSCOP is going broke with a yearly Income of almost $2M dollars and they have been around for over 32 years. New England PBA will surpass MASSCOP membership numbers this coming year and we will also exceed $2M dollars in revenue, as well as $1M in revenue from the New England PBA Health & Welfare Trust, which funds your dental and optical benefits.

New England PBA also has an A+ Credit Rating with several banking institutions and will complete our $100,000 pledge contribution to the National Law Enforcement Officers Memorial Fund and Museum in Washington D.C. in September 2011. NAGE only contributed $5,000 to the NLEOMF last year.

WE ARE IN BETTER FINANCIAL SHAPE THAN OUR COMPETITORS

DON'T SPEND THAT 1% INCREASE IN WAGES DUE JULY 1, 2011:NAGE ALREADY VOTED TO INCREASE YOUR DUES BY 1% OF YOUR SALARY

How Many Red Sox Tickets Did YOU and YOUR FAMILY Get From NAGE?


voted to join them – SEIU decided that for you and with the collapse of SEIU Local 254, NAGE became your union.

Consider that the Lowell Police Superior Officers’ Association left NAGE and are members of New England PBA despite the ridiculous claims of NAGE to the contrary.

See Page 21 For Lowell's Endorsement

FACT: Fear, intimidation, outright lies and don’t work with law enforcement professionals.

New England PBAQUARTERLY ORGANIZING REPORT

2ND QUARTER 2011

Decertified From NAGE & Joined New England PBA:

* BOSTON SCHOOL POLICE UNION* BOSTON HOUSING POLICE PATROL UNION* PORTSMOUTH, NH RANKING OFFICERS UNION* MAYNARD POLICE PATROL UNION* MAYNARD POLICE SUPERVISORS UNION

FINANCIAL UPDATE

During this election campaign, NAGE has NEVER told you anything they have accomplished, but rather NAGE has only tried to discredit our organization with false statements, personal attacks and bully tactics.

As law enforcement officials, you know better and as professionals you each deal with cons and thugs on a daily basis and NAGE is the consummate con who attempts to rule through fear, intimidation and other criminal type scare tactics. Stand up now and join us at New England PBA, "A Professional Law Enforcement Union."

WHERE IS YOUR 10% "GUARANTEED" PAY-RAISE?CONTINUED FROM PAGE 1

NEW ENGLAND PBA: OUR FINANCIAL RECORD IS STRONG

New England Police Benevolent Association Inc.Profit & Loss

January through December 2010Jan. - Dec. 10

Ordinary Income / Expense Income Misc Income 12,728.73 NEPBA Aflac 45,718.49 NEPBA Charities 24,675.00 NEPBA Items 4,047.84 NEPBA Union Dues 1,739,884.78 PAC FUND 39,634.34 Total Income 1,866,689.18

New England PBAMASS C.O.P.

NAGE Claims New England PBA Doesn't Have Solid FinancialsWe Invite You To Look At Our Public Financial Records

Our Figures Also Compare Favorably Against Competing Unions(See Public Records Below of Forms Filed With Massachusetts Divison of Labor Relations)

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Altus Dental and New England PBA will provide EVERYMassachusetts Trial Court member with the BEST service.

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