A message from President Johnny Crumby

As part of my New Year’s resolution to clean and organize my office I came upon my Marine Corp League, Winter 2001 magazine and stopped to read it again… a letter to the editor caught my attention.

I’m the Guy

I’m the guy who asked to join your organization. I’m the guy who paid his dues to join. I’m the guy who stood up in front of you and promised to be faithful and loyal to the organization. I’m the guy who came several times, but no one paid any attention to me. I’m the guy who was left out when I volunteered to help with fund-raising projects and membership recruitment. I’m the guy who missed a few meetings because I was sick, but at the next meeting no one asked where I had been. I guess it didn’t matter very much to others whether I was there or not. I’m the guy who that decided to stay home and watch TV one meeting night. The following meeting I attended, but no one asked me where I had been. You might say I’m a good guy, a good family man who holds a responsible job, loves his country and his community. You know who else I am? The guy who never came back! It amuse me, how the heads of the organization and members discuss why the organization was losing members. It amuses me to think that they spend so much time looking for new members when I was there all the time. All they needed to do was make me feel needed, wanted and welcomed.

This got me to thinking…
COULD THIS BE US?
ARE WE EMBRACING NEW MEMBERS?
DO WE LET NEW MEMBERS FALL THROUGH THE CRACKS?

All of us can remember being new to the FOP on the local level, the State level, or maybe the National level. We were the newbie, kind of the odd person out, we didn’t know anyone, we were not friends with anyone, we were eager but our enthusiam was not received, we volunteered but were never call upon to help.

New members are the lifeblood of this organization. As the cycle of life contiues we can’t sustain or grow without new members.

Each of us has an obligation to our lodges to welcome new members, get them involved, keep them involved, give them value and help them so they too can become a mentor to our future members.

Johnny

Chaplain’s Corner: Robert Michaels

As a Chaplain with the FOP (Lodge 41), it became clear that there is much that can be done to address the emotional and spiritual needs of those in law enforce-ment. Serve & Protect was launched for this very purpose – providing the support needed through interacting directly with our members, providing inspiration through our Guns’n'Hoses Bible Fellowship, starting in the first quarter, and through intervention through our 24/7 crisis line (206-459-3020) powered by our partner Safe Call Now based in the State of Washington.

Our completely confidential services, whether through a Chaplain conversation or Crisis intervention, is available at no charge to Police, Firefighters, EMTs, and Cor-rections Officers – and their families. We post a regular blog at www.serveprotect.org, addressing issues our officers confront, and explore problems and solutions for resolving struggles.

Having served with Norfolk Police (VA) both on patrol and as a detective, and the Guard as a MP, I have lived the life on the job. With 2011 Line of Duty Deaths approaching the tragic rates of the ’70′s, and officer suicides an ever present and growing crisis, as well as domestic violence and addiction issues, we are dedicated to being there to walk alongside and serve our brothers and sisters. For more information call Robert Michaels, 615-373-8000 (o) or 615-202-2204 (M). Email – rob@serveprotect.org. We are available 24/7.

The following people have announced they will be running for State Lodge Officer at the State Conference in June 2012:

Johnny Crumby—Office of President

Dan Raper—Office of Vice President

Mike Embrey—Office of Secretary

Larry McCoy—Office of Treasurer

Scottie DeLashmidt—Office of 2nd VP

David Cowan—Office of Sergeant At Arms

Robert Yoakum—Chairman of the Trustees

Duane Phillips—National Trustee

If you are a delegate planning to run for office and wish to announce your candidacy in the monthly newsletter please send that information to crumby13@comcast.net

A message from President Johnny Crumby

The National Executive Board Meeting was held October 28-29, 2011 at the National FOP Headquarters. I received an invitation from President Canterbury to attend along with Duane Phillips, National Trustee and Brian Moran, Past President. I am happy to report that during the two day meeting I saw the board working together for the betterment of the FOP. At this time all the past disruptive meetings seem to be just that, the past.

The two days were filled with demonstrations of each of the three (Administrative, Labor and Legislative) offices, possible educational and information webinars by the FOP, Ohio Issue 2, program development, endorsement process, legal plan overview, education services overview, legal counsel discussion on social media and much more.

As I have said in the past, we need to attend as many of this type meetings as possible. It was a weekend that was well spent. I learned a lot and by your participation at local, state and national meetings we will gain knowledge we need to succeed as an organization.

Please plan to attend as many meetings as possible so you can relay the information gathered back to your membership.

Stay Safe!

Johnny

A message from Mike Embrey, Secretary

Fall time is upon us and the holidays will soon be here. Lodge secretaries should be attentive as several important deadlines are approaching:

Per-Capita was due on November 1, 2011. As of this writing 45 lodges have pad, 22 have NOT paid. ****Member benefits are not available during lapses in dues****

Fall Board meeting is scheduled for Saturday, December 3, 2011, at 9:00 a.m., at the Baymont Inn & Suites, 1151 South Jefferson, Cookeville, TN, Phone 931-525-6668. We encourage every lodge to send a representative if their trustee cannot attend.

Legal Aid is due to the State Lodge by January 1, 2012. Coverage is not available during lapses in payment.

All compliance information is due to the State Lodge by January 15, 2012.

The state of Tennessee is preparing to release for purchase our Associate Member License plates. Local Lodge and Secretaries should exercise diligence when screening Associate Member applicants. Remember Active members and Associate members represent our organization when they display our license plates.

Daylene is at the office Monday through Friday from 8:00 a.m., to 4:00 p.m., with a break for lunch at 12:00. Call if you have any questions.

Editorial by Brian Moran, Chairman TN State FOP Legal Defense Plan;

I would like to take a moment and address what I believe to be a disturbing trend in our society. As most of you know I have served in many different leadership positions in the Fraternal Order of Police on both a local lodge and state lodge level, and I am presently Chairman of the State Lodge Legal Defense Committee. It is during my service in these different positions that I have seen just about every possible situation a fellow member could find themselves facing; be it administrative charges, criminal charges, civil charges, or all three at the same time.

I am proud to say that in the vast majority of these cases the State FOP Legal Defense has stepped up and provided the best in legal representation that could be found. What I am not proud about however is the quickness by society, to include fellow officers, to judge an officer, accused of wrong doing, guilty before any evidence has been presented in any formal hearing or courtroom. All too often an officer is convicted in the court of public opinion before they have had their right to due process through whatever means the agency they work for provides, or in a courtroom.

Anyone who has been in this profession for any length time expects this from the press and other misinformed civilians, but I would submit that the practice of judging one of our peers guilty when accused of wrong doing before any evidence is presented to support, or refute, the accusation is all to common among fellow officers. If we, as brothers and sisters in law enforcement, aren’t willing to stand behind one of our fellow officers when they are facing charges of wrong doing, on any level, then we should not be too quick to judge the press and civilians who do the same. We must never forget that even a law enforcement officer is INNOCENT UNTIL PROVEN GUILTY, and as a fellow officer it is in my opinion your moral duty to support any officer until there is actual evidence, and not just locker room rumor, of wrong doing.

In this profession of constant review and criticism from arm chair quarterbacks it is more important than ever that you as a law enforcement professional have access to professional legal representation. We are fortunate here in Tennessee that our State Lodge does have a legal defense plan that has a proven track record of working for it’s members. It is important to know that just by joining the FOP does not automatically make you a member of the legal defense plan. I would suggest you check with your local lodge to see if they automatically include membership in the plan or if you have to join it separately, on your own. If the latter is the case then I suggest you check the state lodge web site for informa-tion on the legal plan. At just $48 a year it is one heck of a bargain for the service and peace of mind you get from joining.

Brian Moran, Chairman
TN State FOP Legal Defense Plan

 National Conference News

This was an unusual conference in that this was the first conference in many years that had multiple candidates running for National Office. The pool of candidates had a vast FOP knowledge and experience that made each equally qualified to hold office. The Tennessee delegation was fortunate to hear from all of the candidates either during our caucus on Tuesday afternoon or during the General Sessions. There was lively and spirited discussions with and amongst them and time for questions and answers. Although, we may not always agree with what we hear, first and foremost we need to be respectful of those running fo office and our brothers and sisters with opposing opinions. It is okay to agree to disagree as long as we keep the spirit of fraternalism alive. Although your candidate may or may not have been elected, I feel the candidates that we elected will serve the members of the Fraternal Order of Police in a professional manner. I wish them great success over the next two years in their service to the membership and this great organization.

Johnny

Our deepest sympathy goes out to Sister Dee Eubanks and the Scenic Lodge No. 8 in the recent loss of Brother John Eubanks. He was a good friend to all of us and will be missed.

Coming Next Issue… 

Ed Mason, Chairman/Compliance Committee

Upcoming Events

November1, 2011 First Half 2012 Per Capita Due

December 2-3,2011 TN State FOP Fall Board Meeting Baymont Inn & Suites Cookeville, TN

February 9-11, 2012 Leadership Matters Airport Marriott Nashville, TN

February 22-23, 2012 Annual Labor Forum Flamingo Hotel Las Vegas, NV

February 24-25, 2012 Legal Counselors Seminar Flamingo Hotel Las Vegas, NV

TBD National FOP Day on the Hill Capitol Hill Washington, DC

March 22, 2012 President’s Meeting Renaissance Hotel Baltimore, MD

March 23-24, 2012 National Board Meeting Renaissance Hotel Baltimore, MD

May—date TBA TN State Memorial Service Legislative Plaza Nashville, TN

May 13-18, 2012 Police Week Washington, DC

May 15, 2012 National Police Memorial Service White House Lawn Washington, DC

May 31, 2012 Registration for TN0ST Conference Sheraton Music City Nashville, TN

June 1-3, 2012 TN State FOP Conference Sheraton Music City Nashville, TN

Associate FOP Member Tags

We have been told by the State of Tennessee that our new Associate Member License plates will be in circulation by December. You must contact the State Lodge to receive the necessary paperwork prior to going to your County Clerk’s Office for the actual plate.

This is a brief summary of the National Fraternal Order of Police 60th Biennial National Conference & Expo in Honor of North Dakota’s National Trustee Steven Kenner held in Salt Lake City, Utah August 14-18, 2011. 3125 Delegates were registered with another 286 Alternates.

Elections: Chuck Canterbury (SC) was re-elected as National President defeating Ted Street (IL). Ed Brannigan (NJ) defeated Dave Hiller (MI) for the Vice President position. Patrick Yoes (LA) was re-elected as National Secretary defeating Joe Regan (PA). Tom Pe-noza (DE) was re-elected as National Treasurer defeating Allen Hamby (AR). Frank Gale (CO) was unopposed for the position of Second Vice President. Roger Mayberry (CA) de-feated Bill Davis (AL) for the position of Sergeant at Arms. Joe Perkins (OK) was re-elected as Chairman of the Trustees defeating Chet Delong (OH).

AMENDMENTS

Constitution and By-Laws Amendments:

Amendment #1 changed several parts of Article 17 clarifying the dates when per capita taxes are due allowing more time for delegates to be certified to attend the National Conference. This Amendment also provided for an ap-peal process. This Amendment passed on the floor of the Conference. Amendment #2 changes Section 6 and basically changes who pays for the voting machines at the National Conference. The old Section 6 required the host lodge to pay and the amendment puts the expense on the Grand Lodge. This Amendment also passed on the floor of the Confer-ence. Amendment #3 attempted to change Article 2, Article 3, and Article 12 National Secretary Section. If this amendment had passed it would have made the Elected Na-tional Officers responsible for the staff they hired and would have given them the power to hire, fire, and discipline those employees. This Amendment was on the election ballot and did NOT pass.

RESOLUTIONS

Resolution #5

was taken out of order and voted on during the first part of the Conference. This resolution was to name this Conference in Honor of the North Dakota National Trustee that was shot and killed in the line of duty in July of this year. This Resolution passed on the floor unanimously.

Resolution #1

was submitted by the Florida State Board of Trustees and wants the boycott of the social media web site – LEOAffairs.com and their advertisers due to divisive and controversial messages posted on that web site by users. After much discussion on the floor of the Conference, this resolution passed.

Resolution #2

was submitted by Union Pacific RR Police Lodge #140 in Illinois. NOW THEREFORE BE IT RE-SOLVED: that the National Fraternal Order of Police recognizes railroad police special agents as bona fide law enforcement officers in the United States. This resolution passed.

Resolution #3

was submitted by the National Legislative Committee. NOW, THEREFORE BE IT RESOLVED: The delegates here assembled at the Sixtieth Biennial National Conference in Salt Lake City, Utah, hereby affirm the vote of the National Board of Trustees and do designate as a top legislative priority the enactment of legisla-tion which will grant the clear, unambiguous and statutory authority to make arrests to Federal law enforce-ment officers of the GS-0083 Series (or any such successor to that series). This resolution passed on the floor of the conference.

Resolution #4

was also submitted by the National Legislative Committee. The delegates hereby affirm the vote of the National Board of Trustees and do designate as a top legislative priority the enactment of legislation which will expand the definition of “law enforcement officer” for salary and retirement benefits to include all Federal law enforcement officers of the GS-0083 Series (or any such successor to that series). This resolution also passed.

Resolution #6

was submitted by Florida. Whereas the City of Miami and its may, Tomas Regalado, have mali-ciously forced the members of Miami Lodge #20 to take substantial pay and benefit reductions for fiscal year 2010-2011 and are about to do the same for fiscal year 2011-2012 by declaring “fiscal urgency,” pursuant a Florida statute, despite the fact that the City has spent millions of dollars on pet projects and reduced its prop-erty tax millage rate year after year, even though assessed property values in Miami have seen a steep decline since 2006. NOW, THEREFORE IT BE RESOLVED THAT the delegates, here assembled, at the 60th Biennial Na-tional Conference of the Grand Lodge, Fraternal Order of Police publicly support the recall effort set in motion by the members of Miami Lodge #20 against Mayor Tomas Regalado. This resolution passed.

Resolution #7

submitted by the Maryland State FOP. The delegates of the 60th Biennial Conference of the Grand Lodge of the FOP recognize Detective William Blake for his courage to stand up for a fellow officer while faced with great risk to his professional and personal well-being, and that this case will serve to protect law enforcement officers across the nation from illegal medical inquires and testing. This resolution passed.

Resolution #8 was withdrawn.

Resolution #9

submitted by Ohio FOP. Michael Hance shot and killed eight people, Off duty Officer Ben Camp-bell and former Officer Keith Lavery secured Michael Hance before others were injured NOW, THEREFORE BE IT RESOLVED, the delegates offer the utmost gratitude and respect for the actions of these two heroes, who courageously brought an end to the deadly rampage committed by Michael Hance. This resolution passed.

AMENDMENT #1 

The Grand Lodge National Board of Trustees proposed the following amendment to the Grand Lodge Constitution and By-Laws at their Spring National Board of Trustees Meeting March 11th and 12th in Boston, Massachusetts.  

The proposed change to the National Constitution & By-Laws is under Article 17 Section 2, Paragraph B, Delegates.

 which currently reads:

ARTICLE 17 

Delegates

Section 2, Paragraph B.

Each subordinate lodge of a state lodge and each subordinate lodge in states having no state lodge shall be entitled to one (1) delegate each for each fifty (50) active members or major por-tion thereof, provided, however, that every lodge shall be entitled to not less than one (1) delegate. Notwithstanding the foregoing, the number of delegates to the Biennial Conference to which each subordinate lodge shall be entitled shall be determined by reference to the number of active members for whom all per capita taxes then owing has been fully paid by the first day of May of the year in which the Biennial Conference is held.

To amend it to read: 

ARTICLE 17 

Delegates 

Section 2, Paragraph B.

Each subordinate lodge of a state lodge and each subordinate lodge in states having no state lodge shall be entitled to one (1) delegate each for each fifty (50) active members or major por-tion thereof, provided, however, that every lodge shall be entitled to not less than one (1) delegate. Notwithstanding the foregoing, the number of delegates to the Biennial Conference to which each subordinate lodge shall be entitled shall be determined by reference to the number of active members for whom all per capita taxes then owing has been fully paid by the first day of July of the year in which the Biennial Conference is held.

And to add: 

ARTICLE 17 

Delegates 

Section 2, Paragraph C.

Under extenuating circumstances local lodges that are denied National Conference credentials can appeal, in writing, to the National Secretary, who will forward the appeal and recommen-dation to the Executive Board for a decision. The local lodge can appeal the decision of the Executive Board to the Board of Trustees at the Pre-Conference Board Meeting. The local lodge can appeal the Board of Trustees’ decision to the floor of the National Conference in question. The decision of the delegates will be final.

Date: March 11, 2011 

/s/ Chuck Canterbury Patrick Yoes 

National President National Secretary

AMENDMENT #2

The Grand Lodge National Board of Trustees proposed the following amendment to the Grand Lodge Con-stitution and By-Laws at their Spring National Board of Trustees Meeting March 11th and 12th, 2011, in Boston, Massachusetts. 

Election Equipment Used at National Conference

At the post-conference Board Meeting in Long Beach, Chairman Perkins reported that the Trustees had voted, in their meeting the night before, that the Grand Lodge National FOP should pay for the election equipment used at National Conference. No action was taken in the post-conference Board Meeting. Such a change would require an amendment to the National Constitution & By-Laws. I have prepared a Constitution and By-Law change to address this and offer it for your review.

The proposed change to the National Constitution & By-Laws is under Article 6, Section 3, Paragraph D, Subsection 1, National Officers.

Which currently reads:

ARTICLE 6

National Officers

Section 3, Paragraph D, Subsection 1.

Voting shall be by voting machines whenever avail-able and the expense thereof shall be borne by the host lodge. In the event that voting machines are un-available, the voting procedure shall be by computer-tabulated “punch card.” In the event that neither vot-ing machines nor “punch card” procedures are available, there shall be furnished to each delegate printed ballots upon which each delegate shall record his or her vote(s). Ballots shall not be taken from the Biennial Conference site.

To amend it to read:

ARTICLE 6

National Officers

Section 3, Paragraph D, Subsection 1.

Voting shall be by voting machines whenever avail-able and the expense thereof shall be borne by the Grand Lodge. In the event that voting machines are unavailable, the voting procedure shall be by computer-tabulated “punch card.” In the event that neither voting machines nor “punch card” procedures are available, there shall be furnished to each delegate printed ballots upon which each delegate shall record his or her vote(s). Ballots shall not be taken from the Biennial Conference site.

Date: March 11, 2011

/s/ Chuck Canterbury Patrick Yoes

National President National Secretary 

The Grand Lodge Constitution & By-Laws Committee suggested that when the delegates voted to change Article 17 that Article 31 should also change to keep the dates consistent. The Delegates of the 60th Biennial Conference adopted that change.

 ARTICLE 31 

Dues, Assessments and Administrative Fees 

Section 1. Dues 

A. Each subordinate lodge shall pay through their respective state lodge and, where there is no state lodge directly to the Grand Lodge, an annual per capita tax of nine dollars and fifty cents ($9.50) beginning the first half of per capita for the year 2009 for each member thereof.  

B. Each state lodge, and, in states having no state lodge, each subordinate lodge, shall collect and transmit to the National Secretary per capita taxes and assessments as established herein together with a com-plete roster of the lodge.

 C. The annual per capita tax shall be paid in two (2) installments. 

1. The first installment shall be paid in respect to all members in good standing on October 1st of each year and shall become due and payable on November 1st of the same year. Said installment shall maintain a lodge’s good standing for the six (6) month period commencing on January 1st of the following year. 

2. The second installment shall be paid in respect to members in good standing on April 1st of each year and shall become due and payable on July 1st of the same year. Said installment will maintain a lodge’s good standing for the six (6) month period commencing on July 1st of the same year. (Amended 8/11)  

 D. There shall be assessed by the National Secretary a delinquency fee of ten percent (10%) of the outstanding delinquency upon any lodge failing to pay over to the Grand Lodge per capita taxes within thirty (30) days of the date due. Reinstatement of any lodge suspended by reason of failure to pay per capita shall be condi-tioned upon full payment of outstanding per capita plus any delinquency fee.

Heroes Amongst Us

When I became the State President in June 2010, it was one of my greatest fears that one day I would be called upon to comfort a family when their loved one had been killed in the line of duty. That time has come, it is with great sadness that I had to carry out that duty on April 6, 2011.

Sgt. James Timothy Chapin went home to be with the Lord on Saturday, April 2, 2011. Tim was killed during the apprehension of a robbery suspect. A graduate of UTC with a B.A. in Criminal Justice, he had served with the Chattanooga Police Department for the past 27 years, prior to that he served with the U.S. Capitol Police Department during the Presidency of Ronald Reagan. Tim follows his grandfather and father in law enforcement. He held member-ships with the Rock City FOP Lodge #22 and the Fellowship of Christian Police Officers. He is survived by his wife, Kelle and children Nicholas and Allison. Tim also leaves behind his parents, Ralph and Linda Richards, two sisters, a brother, several nieces, nephews, great-niece and nephews, aunts and uncles.

I want to thank the members of Rock City Lodge No. 22 for all their assistance to the family, fellow law enforcement officers, the Chattanooga community and myself during this difficult time. We don’t think of ourselves as heroes… but the community does. When speaking to Tim’s father it was with tremendous pride that he told me the owner of the store where his son was killed had come to him and thanked him for his son’s sacrifice. He stated that without a doubt Sgt. Chapin saved the lives of everyone in the store that day.

Johnny Crumby, President

DISCRIMINATION and DISCIPLINE
HARASSMENT AND HOSTILE WORK ENVIRONMENTS

Brock Parks-General Counsel

I receive a lot of calls from officers across the State who claim to be the subject of a “hostile work environment” or are being “harassed.” Hostile work environments are actionable only in a very few circumstances. Specifically, “hostile work environment” claims are only actionable in three situations.

The first is a hostile work environment for sexual harassment. Under one scenario, the sexual harassment is known as “quid pro quo” meaning that an adverse employment action (demotion, suspension, termination, etc) is taken against an officer in retaliation for refusing a supervisor’s sexual advances, requests, or demands.

Another situation in which a hostile work environment can be created for sexual harassment does not actually require an adverse employment action but is created by the workplace environment.

Under this second scenario, the hostile work environment for sexual harassment is action-able for a pervasive and abusive work environment that is created based on upon sexual content such as the display of pornographic material, touching and grabbing, sexual re-marks or jokes, and the physical interference with movement. In order to state a claim for hostile work environment under this second scenario, it must be shown that the conduct was so severe and pervasive that a reasonable person would find the environment objectively hostile and the accuser, subjectively, found the conduct severe and pervasive.

The third situation for an actionable hostile work environment is the creation of a work environment that is hostile to a particular “protected class” of employees based upon race, sex, national origin and the like. In a relatively recent decision, the Sixth Circuit Court of Appeals held that the “locker room” atmosphere in a business was hostile to women. Prevalent use of foul language, reference to customers of the business as “bitches, whores, sluts, dykes, etc.”, and graphic discussions of sexual liaisons created a hostile work environment of the protected class, that being women. The court specifically held:

Even though members of both sexes were exposed to the offensive conduct in the…office, considering the nature of the patently degrading and anti-female nature of the harassment, it stands to reason that women would suffer, as a result of the exposure, greater disadvantage in the terms and conditions of their employment than men.

The third situation for an actionable hostile work environment is the creation of a work environment that is hostile to a particular employee in retaliation for engaging in protected activity. These types of scenarios occur when an individual is treated differently for actions such as reporting legal violations (whistle-blower type claims), or for filing a Workers’ Compensation claim, or complaining about discrimination, etc.

In the actions for “quid pro quo” sexual harassment and retaliation claims, there must be some adverse employment action; however, the level of adverse action required is considerably different. For “quid pro quo” actions, the adverse employment action has been defined as a “materially adverse change in the terms and conditions of employment because of the employee’s conduct.” Essentially this standard refers to a disciplinary action, firing, material loss of benefits, etc.

On the other hand, for a claim of retaliation, the United States Supreme Court has lowered the standard of adverse employment action to include actions “viewed by a reasonable person in the employee’s position as materially adverse, but not necessarily ultimate or adverse employment actions.” These actions can include change of job duties, schedule changes, etc.

In summary, while officers may feel as if they are being “harassed” or that there is a “hostile work environment,” the reality is that if the conduct from the supervisors or co-workers does not fall into one on the three scenarios listed above, it is not an actionable.

DISCIPLINE
OFF-DUTY CONDUCT/FACEBOOK/SOCIAL NETWORKING ISSUES

While I have stated in multiple presentations that social networking cites continue to get officers in trouble, as I write this article I routinely still receive calls from officers who find themselves facing sanctions for such conduct. Below are some statistics regarding employer use of social media:

12% of employers monitor internet as part of their business including blogs;

44% of employers use social networking sites to examine job candidates;

39% of employers have looked up profiles of current employees on social networking sites

In fact, in 2010 a private company began marketing to employers a software called Social Sentry, which will automatically monitor employees’ Face-book and Twitter accounts for $2 to $8 for each employee. Because nearly every law enforcement agency maintains a policy related to “conduct unbecoming an officer/employee” postings on social network sites can provide grounds for discipline. Many courts have held law enforcement officers to this higher standard of conduct for actions both on and off duty.

There are several issues involving off-duty conduct and social network websites. One such issue involves injury leave, sick leave, and Workers’ Compensation claims. If an officer makes a claim of illness or injury, and then proceeds to post photos or comments on his/her social media page demonstrating a rafting trip, a day at the lake, a softball game, etc., then the officer is most certainly going face termination for untruthfulness at the least. Even if not posted by the officer, a “friend” can post a statement or photo related to an officer that could result in a disciplinary charge.

Another issue related to off-duty conduct and social media sites deals with personnel issues such as inaccurately representing educational history, employment history, inappropriate public postings, “friends” lists, etc. Defamatory comments about supervisors or co-workers, as well as unauthorized disclosure of law enforcement-related information, can lead to departmental charges. While some of these postings may not be intended to actually cause harm or damage to reputation or investigation, the fact that they are published in a public domain can give rise to sanctions against the officer.

Finally, as it relates to off-duty conduct and social media, criminal defense attorneys now utilize social media sites to obtain information about officers in attempt to discover any information that might be used to discredit the officer in court. The public, including judges and jurors, certainly hold officers to a higher standard in their conduct. As such, defense attorneys may try to use any information they can gather from an officer’s social media page in an attempt to paint the officer in a bad light.

A local police detective recently stated that he utilizes information on social media websites to gather evidence against persons suspected of a crime. Officers should also be aware of the potential for incriminating information or photos on their personal social media pages and delete or secure them appropriately. As mentioned above, it does not necessarily have to be the officer who posts something on his/her page that raises a red flag; it could just as easily be friend or someone intent on causing trouble for the officer.

Brock Parks is an attorney at Hall, Booth, Smith & Slover, PC and serves as General Counsel to the State FOP Lodge.

Johnny Crumby, President

As police officers we are tasked daily with the duty of requiring others follow the rules. Sometimes we get so busy assisting others in this task that we forget to follow the rules ourselves. All local lodges should have a copy of the Constitution & By-Laws from their local, State and Grand Lodge, the Grand Lodge Ritual Book and a copy of Roberts Rules of Order. These are the manuals that govern how our organization runs.

When each of us takes the oath of office you are being granted a privilege to use the authority of that office for the best interest and welfare of the lodge and all its members and not for personal gain. Under the “Oath of Obliga-tion” each elected officer swears to the best of their ability to comply with all the laws and rules of this Order; that they will recognize the authority of superior officers, obey all the laws, rules and edits of the Grand Lodge and support the Constitution & By-Laws.

I tell you this because I have received several complaints from across the state ranging from how meeting are conducted, how decisions are made and how elections are held. Following up on these complaints I have found that if the elected officers had followed the Constitution & By-Laws and/or the Ritual Book these complaints probably would not been made. Continued on page 2

The Members of the 106th General Assembly were sworn in at noon on January 11th, thus beginning the first session of the 2011 General Assem-bly. There will be more than 2000 bills filed in the upcoming weeks. Many of these will have an impact on you and your working conditions. The Ten-nessee Fraternal Order of Police will be tracking these bills and updating you on your support of them in upcoming weeks. This is a list of the bills we plan to ask to be filed in the next few weeks.

 Fraternal Order of Police Associates License Plate.

 Adding the Fraternal Order of Police President to POST.

 Making the Police Officer Bill of Right apply to all officers that are paid overtime by FLSA.

 Fixing some of the problems in 39-17-1350, law enforcement officers permitted to carry firearms.

 State-wide “Blue Alert” system to speed the apprehension of violent criminals who kill or seriously injure law enforcement officers and to aid in the location of missing law enforcement officers.

 Amend Tennessee Code Annotated, Title 38, Chapter 8, relative to complaints against certain law en-forcement officers.

 Amend Tennessee Code Annotated relative to memoranda of understanding between governments and employees, if approved by a two-thirds (2/3) vote of the legislative body.

 Amend Tennessee Code Annotated, Title 40, relative to the issuance of warrants and criminal summons on Police Officers.

IMPORTANT CHANGE REGARDING NATIONAL CONFERENCE DELEGATES

Grand Lodge General Counsel has issued an opinion that will change the way conference eligibility will be granted in Salt Lake City. It is vitally important that all local and state secretaries take notice

The interpretation of National Constitution and By-Laws used to determine na-tional delegate eligibility that spanned the administration of three National Secre-taries, and some 30 years, will end for the upcoming conference. For a lodge to be able to seat delegates, the lodge’s Per Capita must be received in the Na-tional Headquarters on or before May 1, 2011.

If the Grand Lodge does not have your lodge’s Per Capita by that date , National Conference credentials for Salt Lake City cannot be issued to your lodge.

I do not feel this new interpretation expresses the intent of the National Constitu-tion and By-Laws or the delegates who approved it over three decades ago. This is evident from the fact that this has never been challenged until now. I have al-ready drafted a By-Law change to fix the conflicting language moving forward and will present this to the delegates this August in Salt Lake City.

Meanwhile, YOU MUST HAVE YOUR LODGE’S PER CAPITA PAID TO THE GRAND LODGE BEFORE MAY 1, 2011 TO BE ELIGIBLE FOR DELEGATE STATUS.

Patrick Yoes National Secretary

TENNESSEE STATE FOP

I know from experience that police officers, on a whole don’t like change and just because something has always been done in a certain way does not make it the right way to conduct lodge business.

You should conduct all lodge meetings and rituals as prescribed within those documents. If your lodge does not have a copy of the State or Grand Lodge Constitution & By-Laws or the Grand Lodge Ritual Book please contact Daylene at the State Lodge and she will email you a pdf copy. Robert’s Rules of Order books can be purchased at any bookstore.

A message from David Cowan, Sergeant At Arms

I want to wish everyone a Happy Holiday, whether you call it… Merry Christmas, Happy Hanukkah, Happy Kwanza or Happy Christmas and a Happy New Year. This is also the time of year when many of us reflect upon the past year and set goals and resolutions for the new year.

As we enter 2011, I would encourage all members to add something to their list of resolu-tions, check your current beneficiaries on your personal insurance policy and update this same information with your local lodge. You might also review your will and make updates that reflect your current and accurate status, most of us have not reviewed these items since we initially purchased or wrote them.

I know personally of a recent incident involving a member who passed away unexpectedly and he had not reviewed his insurance policies or will. This lead to a former spouse receiving the benefits. I hope each of you will resolve to review your information and make any neces-sary changes.

If you keep no other resolution in 2011… PLEASE KEEP THIS ONE!

Johnny

I recently had the opportunity to attend a Management/Supervisory Class in Rutherford County (Thank you RCSO for your hospitality!!). We spoke about and discussed a lot of words that we think are synonymous with good leader-ship. Courage, honor, respect, loyalty were all at the top of the list, just to name a few, but the one that stuck out for me was compassion. I just wanted to take a moment this Holiday Season, and remind everyone to take care of each other. Look for the brother or sister that may be struggling during the season and help them along. We never know when the one needing help, may very well be ourselves.

I would also like to encourage everyone that is able, to participate in your local ‘Cops and Kids’ event. Some of these kids may otherwise not have a Christ-mas and the impact on them can be phenomenal and rewarding for you as well!

I hope everyone has a safe and happy holiday season this year. I look forward to a new and exciting year up and coming soon! During this time of resolution making, lets all resolve to make our TN FOP the best! Take a moment to read our Mission Statement, apply it whenever possible, and lets all make 2011 the best year ever for our organization!

Help yourself and the Tennessee State FOP Foundation before the end of the year. The Foundation is a 501(c)3 organiza-tion, which means any donation you make can be taken on your taxes. Make your check payable to the TNFOP Foundation and mail it to the State Lodge, Today!