Meeting Minutes of February 8, 2001, in Folsom

by Mark Smith

(Meeting sponsored by Folsom Correctional Peace Officers Association)

In Attendance:

Doug Ridenour, President & Modesto POA
Greg Sebold, Vice President & Folsom Cor POA
Andy Schlenker, Treasurer & Modesto POA
Mark Smith, Secretary Valley Chapter & Stanislaus DAI
Randy Beintema, Executive Director Valley Chapter & San Joaquin DSA
Adam Christianson, Cory Phipps, Dan Hilgen, Stanislaus DSA
Steve Huish, Sacramento POA, Paul Konsdorf, OE3, Dave Robinson & Luciano Beltran, Modesto POA
Terry Snyder, Modesto MPMA
Rich Stahlman, Nevada County DSA
Rob Downey, Michelle Parks, Wayne Brenner, Karrie Eckhardt, Folson Corr POA.
Ilsa Von Leden, Yolo DSA, Terry Fleming, RPOAC
Dave Markss, Colusa Co DSA, Bob Jarvis, PORAC, Michael Ervin, Vice President PORAC
Carol Yeater, of Myers-Stevens
David Swim, Chris Miller, John Holstedt, Mike, Amick, of the Law Firm of Mastagni, Holstedt, & Chiurazzi.
Kami Keszler, of Carrol, Burdick, & McDonough.
Bob Phipps, Jose Rose, of the Law Firm of Goyette & Adams.
Suzanne Reilly, Donna Miller, of California Casualty.

I. Called to Order

A. The meeting was called to order at 1908 hours by President Doug Ridenour.

II. Pledge of Allegiance

III. Moment of Silence for Fallen Officers

IV. Introductions of Special Guests

A. Not introduced but Mike Ervin PORAC Vice President was in attendance.

V. Approval of Minutes

A. Motion by Sebold to approve minutes from prior meeting, Second by Steve York, Moved.

VI. Treasurer's Report

A. By Andy Schlenker. $21,903 in the PAC account and $15,023 in the General Fund.

B. Schlenker stated we had $135 in receivables for old bills for dinners on the books, and because of the amount of work involved in tracking whose paid their bills if couldn't be sure if these were errors or not. Sebold made a motion to zero out the $135. Seconded by Terry Fleming. Motion carried.

VII. Old Business

A. Motion to endorse Jerry Shadinger for US Marshal of the Eastern District was brought back to the floor. Shadinger is the current Sheriff of Colusa County. Randy Beintema reported that he had received no opposition from any associations in the Eastern district for the endorsement. Beintema made a motion to move forward with the endorsement. Seconded by Dave Markss. Motion carried.

B. Motion to donate $250 to Concerns of Police Survivors in the name of Alan Garcia was brought back to the floor. This had been tabled from last month because of an objection by Greg Simpson. Motion made by Terry Fleming to make the donation. Seconded by Andy Schlenker. Motion carried.

C. Discussion of delays in getting the newsletters out. Ridenour set deadlines for getting material to the Secretary for inclusion in the newsletter. All information for the news letter needs to be to the Secretary by the 20^th of each month. This includes: President's Report, Roll List, Location of next meeting with directions, address, and phone number to the location, and any information any association would like to be included in the newsletter. Provided everything is received on time the Secretary can get the newsletter in the mail by the 25^th of each month.

D. Discussion of Greg Simpson's objection last month claiming he wasn't notified of PORAC's intent to raise dues. Beintema researched the issue and determined that PORAC had done mailings in July of 2000, August of 2000, and September of 2000, to every member association explaining the changes in the by-laws which would increase the dues. In addition, PORAC President Clancy Faria spoke at the October Valley Chapter meeting and discussed the proposed by-laws changes that were to be discussed at the annual PORAC conference. If somebody didn't receive this information, it's not because it wasn't out there.

VIII. New Business

A. Andy Schlenker discussed a loophole in the current AIDS testing legislation. MPD had an officer get stuck with a hypodermic needle during a search. When they tried to get a court order for a blood test the Judge was unable to find any authority to order the blood test unless the District Attorney has filed criminal charges. Since this was a minor offense it was likely the subject would be out of jail before the District Attorney would file charges. The suspect had no ID and was homeless. The fear is he will not show up for court and they won't be able to get this blood test. Schlenker proposed that the Valley Chapter sponsor legislation to close this loophole and allow a Judge to issue a court order for a blood test prior to the filing of charges by the DA in cases like this. Mark Smith made the motion for Valley Chapter to support this legislation. Seconded by Sebold. Motion carried.

B. Greg Sebold requested that Valley Chapter support legislation to amend POBOR to include peace officers covered under 830.55 of the Penal Code. This is the classification that includes Folsom Correctional Peace Officers. Motion was made by Dal Hilgen to support this legislation. Seconded by Dave Markss. During discussion Terry Fleming moved to amend the motion to include all peace officers covered under Chapter 4.5 of the Penal Code. Several people spoke of the problems associated with including everybody. Sebold made a motion to amend the original motion to include every peace officer covered under Chapter 4.5. Seconded by Steve Huish. Motion carried.

C. Bob Jarvis, PORAC Training Manger, spoke of upcoming training that is available through PORAC. PORAC offers training in Internal Affairs, Leadership/Ethics, Basic Collective Bargaining, Advanced Collective Bargaining, Political Action, Advanced Political Action, and Interest Based Bargaining. PORAC's web site contains a full list of training with dates and locations.

D. Mike Irvin, Vice President of PORAC, spoke and discussed the importance of getting representation for officers involved in critical incidents. Also thanked the members for their support of PORAC for the last year. Stated that PORAC had secured James Brown for entertainment at the 2001 conference which will be in Reno at the Hilton Hotel.

IX. Reports

A. PAC/OGA:

1. Given by Beintema. Spoke of legislation that PORAC is working on. Discussed a new federal law that may affect PAC accounts.

B. Insurance & Benefits

1. None.

C. LDF:

1. Given by Andy Schlenker. Reported that he is the new chairman of LDF. Stated that LDF is looking at new coverage to cover costs associated with binding arbitration under SB402. They are researching to see what this coverage would cost. Also discussed several recent cases covered by LDF.

D. Service Providers:

1. Chris Miller discussed several cases affecting officers rights. Discussed Riverside Co vs. Superior court in which the Court ruled against a probationary officer who was trying to get documents related to his termination. Also discussed a case where it was ruled that a department can prohibit a peace officer from carrying a gun while off duty.

E. Association Reports:

1. Terry Flemming spoke of new changes at RPOAC

2. Nevada County DSA has been in negotiations for over a year and is using a mediator.

3. Sacramento POA is going to be going to arbitration on their contract talks.

4. Modesto POA is having a problem with the department wanting to do drug testing.

X. Good of the Association

A. Nothing new reported

XI. Next Meeting

A. The next meeting will be held at Mallard's in Stockton.

XII. Adjourned

A. Meeting adjourned by President Ridenour.