
Roll Call
Important
Notice Regarding Membership Dues
Notice
From MAP President Steve Webster
Dear MAP Member,
December 19th, 2011
At our December 14th board
meeting, the board voted unanimously to authorize a membership-wide dues
increase from $7.00 per week per member to $8.00 per week per member. I wanted
to take a moment to explain the need for such an increase and reinforce what MAP
provides in exchange for your dues.
You should know that every
effort is made to minimize costs, but some factors are beyond our control. Our
legal costs have increased considerably in recent years. That is not because the
law firm is charging us more; they have simply been doing more work. The
economic situation had led many associations to negotiate a one year contract
with hopes of better financial news in the future. It costs just as much to
negotiate for a one year contract as it does for a three year contract.
We have also had our fair share
of IA investigations, mediations, arbitrations, and other personnel related
issues that have cost thousands of dollars. Much thought and consideration is
put into these issues before they are taken to the next level. The battles we
chose to fight need to be fought on behalf of the affected member and the
association as a whole.
Your local unit may charge
extra for dues in order to have extra monies in a local account, but it is
important to remember that MAP dues will only be $8.00 per week. That is
extremely cheap money for what is similar to an insurance policy that you
receive. I firmly believe that the services that are offered for $8.00 per week
are unrivaled by any other organization similar to ours.
You receive assistance with
contract negotiations, assisted throughout your local grievance process up
through arbitration, and you will have an attorney by your side rather quickly
if you are ever involved in a critical incident. There have unfortunately been
too many of those this year involving our members and our executive director as
well as our attorneys have traveled across the state at all hours to represent
members in need.
None of us on the board wanted
to raise dues, and it should be noted that this is the first dues increase in
approximately six years. We could always take measures to cut costs and prevent
dues increases, such as no longer supplying the street reference guides, having
our annual awards banquet or subsidizing police week in DC, and the wreath
laying ceremony in Arlington. If we do this, we will be like every other labor
organization seeking to operate on a profit business model, but that is not what
MAP has ever been about.
While it is troubling that we
had to slightly increase the dues beginning in March of 2012, I wanted you all
to know that MAP is financially stable and we intend to remain that way. We
constantly look for ways to save money, but eventually we must come face to face
with our economic realities. We want to remain vibrant and effective; this
increase will allow us to be both.
Feel free to contact me if you
have any questions regarding this correspondence. I wish you all a great holiday
season, and may you and your families remain safe.
Respectfully,
Steve Webster
MAP President
You can also download a copy
of this letter to post for your local by downloading it HERE
Maine
Emerald Society Announces Open Process for Annual Scholarship
The
Maine Police Emerald Society Kevin Riordan Presidential Scholarship is given in
honor of the
Society’s
President, Kevin Riordan. The Scholarship is funded by the family of Daniel F.
Cashman, who
had
been a long time supporter of the Law Enforcement community. He is succeeded by
his three sons,
all
of whom are serving in the Law Enforcement field from the Municipal to Federal
levels. The Maine
Police
Emerald Society will select one student to award the scholarship to annually.
The scholarship will
go
to a student currently in a post-secondary education program who aspires to join
the field of Law
Enforcement
upon graduation, or a high school senior who plans to move on to the next level
of
education
in a Law Enforcement related program of study. Eligibility criteria will be
based on academic
records,
leadership responsibilities in both community and school activities, and a
clearly written essay of
academic
and career goals. The scholarship will be given in the amount of $500 before the
start of the fall
semester.
It may be used towards tuition, books, personal computer, or on-campus room and
board. The
scholarship
must be used within 12 months of the date the recipient is notified. Proof of
registration in a
vocational/trade
school or accredited college is mandatory before payment is made.
Click
Here for a Complete Announcement with Requirements and Application
MAP
Appoints Current Appeals Committee
In
March 2008, the full board of directors enacted a change to the MAP state by
laws to provide for a standing member committee on appeals. The purpose of this
change was to provide a more efficient and timely process for members to appeal
decisions of the executive board as it relates to grievances and or
arbitrations. The new by laws are reflected in Section VIII,
"Grievances", Subsection "C" of the MAP State by laws to
read:
C. An
appeals committee shall be formed, represented by five (5) member associations,
with two (2) alternates, to hear appeals of executive board decisions. Executive
Board members will not participate on the committee and hearings of the
committee will be called as needed by the executive director, or the president
with at least 5 days advance notice to all parties. Determinations by the
committee shall be final and representative of the full board of directors.
Under
MAP's old bylaws, members would have to wait until either the next scheduled
full board meeting or for a special full board meeting to be called. The issue
that arose was that none of MAP's units' grievance procedures would not allow
for that length of time to pass in the process without a mutual extension, which
is not mandatory. By creating this committee on appeals, all MAP members will
have the ability to have a timely hearing on their issues concerning executive
board decisions without affecting their local units contractually outlined grievance
process.
The
executive board is pleased to announce the following MAP Members as
representatives to the first appeals committee;
Maine
Association of Police Standing Committee on Appeals
Paul Fenton; Cape Elizabeth Police
Benevolent Association
Ken Foss; Saco Police Patrol
Association
Bryan LeTarte; Portland Police
Benevolent Association
Eric Small; Sanford Police
Association
Myron Warner; Bangor Police Patrol
Association
ALTERNATES
Owen Davis; York Police Association
Gino Bianchini; Freeport police
Association
MAP is grateful to the members who
have agreed to participate on this committee as it will provide for a invaluable
service to all MAP's members. If any MAP member has an interest in serving on
the committee, please submit your name to executive Director Paul Gaspar at map75@maine.rr.com
and you name will be added to a waiting list should vacancies occur.
MAP
Sponsors Forum on Maine Public Employees Retirement System
On
Tuesday, October 28th from 9AM to Noon, the Maine Association of Police hosted a
free presentation and forum with Stephanie Fecteau, PLD (Participating Local
District) Plan Administrator for MPERS; formerly known as the Maine State
Retirement System. Ms. Fecteau came to discuss changes that MPERS and their
plans have undergone, specific issues encountered by local units and fielded
questions from the audience. The comprehensive presentation was well
received by the 23 representatives from the local MAP units and included a
extremely helpful PowerPoint presentation. If you were not able to attend, or
missed the presentation, the PowerPoint presentation is available to you
directly by download from the website. You can access the presentation below (You
will need Microsoft Powerpoint to view this file):
MAP
MPERS Presentation PwrPnt
To
View as a PDF File:
MAP
MPERS Presentation PDF
MAP
Announces Production of "The Voice"
To
provide another benefit for our members, the Maine Association of Police has
produced the first issue of a new quarterly newsletter. Entitled, "The
Voice", this newsletter will serve as a new medium of communication
throughout the membership; to include labor news, legal information, and
member/local news. Available only electronically as a PDF file, members can also
download issues right here at the MAP website. If you would like to start
receiving The Voice, please contact the map office with your name and email
address at map75@verizon.net or at
207-767-2558.
The
Voice; Vol. 1, Issue 1, September, 2008
The
Voice; Vol. 1, Issue 2, December, 2008
Join
and Support The Maine Police Emerald Society

"Chun
Cosaint Augus Freastal"
(To
Protect and Serve)
Mission
Statement
The
mission of the society is to develop a spirit of brotherhood and fellowship
amongst its members as well as to promote police professionalism amongst
Gaelic/American law enforcement officers.
In
2002 several Gaelic-American Law Enforcement personnel in Maine gathered with
the goal of forming a society and
fraternal organization for Maine Law Enforcement Personnel of Gaelic Decent. Our
Society is dedicated to recognizing and
promoting the accomplishments and contributions of our ancestors and fellow
Gaelic-Americans to the law enforcement
community. We’re also devoted to developing the spirit of fraternalism and
fellowship among our members, while
promoting positive public sentiment towards the law enforcement community. For
more info follow the link below;
Maine
Police Emerald Society
Maine
Public Safety Bands Together in a Proud Tradition


The Corps is more like a family, then just a pipe band. The public safety
background that most of the members have brings a feeling of belonging to
something much more. We understand the sacrifices that are made for the
profession and we believe in the duty, tradition, and honor of public safety
service. The Maine Public Safety Pipe & Drum Corps will provide our services
free of charge for all Public Safety Personnel funerals and memorials (line of
duty deaths and non-duty related deaths for active and retired personnel). As a
Corps member, you can learn to play the pipes or drums free of charge, learn new pieces of
music, and participate in various performances. For non-playing members, you can
join the Honor Guard and render honors through presentation of the Colors.
For
more info follow the link below;
Maine
Public Safety Pipe and Drum Corps
Law
Enforcement Fundraising Bill Enacted Into Law
I am proud to announce to you that LD 2187
"An Act To Allow
Limited Charitable Solicitations by Law Enforcement
Associations" has been enacted into law by the Maine Legislature on April
10th, 2008. LD2187 currently is in the Governor's office awaiting his signature
which would put this landmark bill into law 90 days from its enactment.
This small victory will allow local
police organizations and associations to have an identity when working with
their local organizations (Lions, Kiwanis, etc) on raising money for a brother
or sister officer suffering from a catastrophic illness, as well as their
children and spouse. It will allow these
entities to have local, ticketed events, with 100% of the money raised going to
the affected officer. Although this is not the total bill we wanted, it
represents a compromise that allowed its passage into law, and allows officers
to know that their brothers and sisters are pulling for them in their time of
need.
As this was a huge effort, many
thanks go to Executive Director Robert Schwartz from the Maine Chiefs of Police
Association, President Mike Edes from the Maine Troopers Association, Outgoing
President Mike Pulire from the Maine State Law Enforcement Association, Craig
Poulin, Executive Director of MSTA/MSLEA and
Executive Director Bob Howe from the Maine Sheriff's Association for their
support behind LD 2187.
The success of LD 2187 would not have
been possible without the support of its sponsors, House Minority Leader Josh
Tardy and Speaker of the House Glenn Cummings. Hannah Pingree, House Majority
Leader also lent her great support to our effort. Importantly were the members of the Criminal
Justice Committee who made the time to give us a fair hearing and making this
change to the law a reality:
Senator
Bill Diamond (D-Cumberland), Chair
Senator
Earle L. McCormick (R-Kennebec)
Senator
Roger L. Sherman (R-Aroostook)
Representative
Stan Gerzofsky (D-Brunswick), Chair
Representative
Patricia A. Blanchette (D-Bangor)
Representative
Anne M. Haskell (D-Portland)
Representative
Stephen P. Hanley (D-Gardiner)
Representative
Dawn Hill (D-York)
Representative
Bryan T. Kaenrath (D-South Portland)
Representative
Richard M. Sykes (R-Harrison)*
Representative
Christian D. Greeley (R-Levant)
Representative
Gary E. Plummer (R-Windham)
Representative
Joseph L. Tibbetts (R-Columbia)
It
is also important to note that during this process we were assisted greatly by
Attorney General Steven Rowe and his Staff in the drafting of the bill language.
Without their assistance and willingness to work with Maine Law Enforcement,
this would not have been possible.
For those of you who made
the time to contact your local legislators, thank you, I can tell you it made a
world of difference. If you have the time please send me an email and let me
know who you contacted and what their response was as this helps me with our legislative scorecard. Send your info to map75@verizon.net
Again, I am proud to be able
to bring this news to Maine's law enforcement family statewide as it again shows
that MAP is, and will continue to be, "Maine's Voice of Law
Enforcement". More importantly, it serves as a remembrance of our past
battles with our fallen brothers, Edward Roberge, Jack Haubois, and Randall
Parsons, for whom we could not fully help in their time of need. I dedicate my
efforts to making this law a reality to them, their families, and to all Maine
law enforcement officers who have been affected by the current solicitation law.
Stay Safe,
Paul Gaspar
Download
LD 2187 HERE (Comitteee
Ammendment "A")
MAP Works On Mis-Coding of
Emergency Vehicle Involved Accidents/Request For Info
In
Mid September, I began working with the Secretary of State’s office regarding
the mis-coding of emergency vehicle involved accident. Since the state’s
switch to the new DMV computer system in approximately 1995, officers involved
in emergency vehicle accidents have had the accidents incorrectly posted on
their personal driving record. By Maine law, police, fire and DPW workers are
exempt from this information being posted on their personal driving records.
Although
“Emergency Vehicle Involved” is flagged on the “CRASH” report, this flag
is not being recognized by the DMV system. The result is that the information is
then carried over to the InfoME database, where insurance companies retrieve
accident information. The officer’s personal insurance policy is then affected
by this accident info. Several members have experienced increases in policy
costs, suspension of policies and negative license information.
In
working with the IT people at DMV and InfoME, there has been a small
breakthrough in fixing this issue. What I am requesting is that if you have had
an accident on duty; please check your driving record to verify that the
“Emergency Vehicle Involved” Flag is present next to the accident info. If
it is not, please send me your information including Name, DOB, date and place
of accident. Your personal information will ONLY be used to test the repairs
that are being made in the DMV and InfoME systems. You may find in some cases
that the information appears correctly as well (Pre 1995 accidents). This has
been a long work in progress and the more names I can collect, the faster the
system can be re-configured. If you have any questions, please contact me at the
office at 767-2558 or by email at map75@verizon.net.
Please share this information with others in your area.
State
Legislature Speaks Out On Behalf of Labor And The Social Security/Gov't
Pension Offset
On
May 31st, Representative Seth Berry (D- Bowdoinham) held a rally in the Hall of
Flags at the State House. Berry unveiled a bi-partisan, joint resolution
directing our representatives in Washington to repeal the social Security offset
currently in place in 14 states. The Government Pension Offset
(GPO) and Windfall Elimination Provision (WEP), penalizes some public
employees by cutting or taking away completely Social Security benefits they or
their spouse earned.
Legislation (H.R. 82/S.
206) to completely repeal both the Government Pension Offset and the Windfall
Elimination Provision has been reintroduced in the House and Senate. See
if your Representative or Senators are
cosponsors. The rally was also attended by Congressional Delegates Mike
Michaud and Tom Allen as well as representatives from Susan Collins and Olympia
Snowe. All representatives support the effort to repeal this punitive act and
allow public employees, their spouses and widowers to retain the money they
worked hard to contribute. I will try to follow the progress of the federal bill
and keep members updated.
Read
the Joint Legislature Resolution Here
(Note:
If you try to access a document on this page and receive a username/password
prompt, click "cancel" and you will be allowed to view the item or
document.)
Maine Law
Enforcement Memorial Ceremonies On May 17th
The
annual observance at the Maine Law Enforcement Officers Memorial will take
place at 11 a.m. on Thursday, May 17th, at the memorial site on State Street
in Augusta. Officers planning on attending this year's event should
muster in the parking lot of Augusta PD beginning at 10 a.m. and then march to
the site. This year the name of Androscoggin Deputy Sheriff David
Rancourt, who died last November in a departmental diving accident, will
be added to the memorial. He is the 82nd Maine police officer to die in the
line of duty.

On May 17th, I had the honor to witness the
engraving of Deputy David Rancourt's name just an hour before the ceremonies and
was able to take these pictures of this rarely seen event.
Deadly force; A
Cop's Perspective
MAINE VOICES
Deadly force: A cop's perspective
Lt. Frank Clark
Wednesday, March 7, 2007
Lt.
Frank Clark, an 18-year veteran of law enforcement, heads the South
Portland Police Department's Office of Professional Standards.
The
line for TV police officers is clear-cut and unfettered by ethical dilemmas
or post-incident consequences.
Perhaps
the "bad guys" shoot or try to run down the cops. The lethal
response is immediate. The "good guys" get to "win" and
go home, only to replay a similarly dramatic life-or-death scenario the next
day.
Their
decisions are never second-guessed. They're never placed on administrative
leave
never investigated by Internal Affairs or the attorney general. They never
attend a critical incident stress debriefing
never meet with a police psychologist
never replay the incident over and over in their own minds. And they never
question their ability to continue as a cop and pull the trigger again.
IT'S NOT REAL
Why not? Because TV is not real life. And for cops
whose duty leads them to use deadly force against another human being, real
life may not even seem like real life. Cops are not robots. They're not
machines.
Cops are regular people who have taken an oath and put
their lives on the line and protect the communities they serve.
They know they may someday be required to use deadly
force, and they're entrusted with that authority in order to effect arrests
or protect life.
Unfortunately, the legal authority does not make a deadly
force decision -- or its results -- any easier for the cop. Like most
people, cops are innately reluctant to kill another person, even it is if
necessary to save their own lives.
In addition to this core aversion, our litigious society
is placing an increasing burden on a real cop's ability to make
split-second, life-or-death decisions. There are innumerable laws and
procedures designed to guide cops through the myriad force options.
These documents make worthwhile training keys and provide
a good framework for post-incident reviews.
Plaintiff's attorneys find them useful to dissect, at
length, usually weeks, months or years after a critical incident.
The actual cop confronted with a use-of-force situation
doesn't have that luxury. That cop must decide in an instant what
investigators, administrators, attorneys and courts will have forever to
analyze and debate.
So beyond the guidelines, in hopes of overcoming a cop's
moral objection of using deadly force, police training has sought a
conditioned response to lethal stimuli. With luck, that will allow cops to
do their duty and go home at the end of their shift.
But then what? As prepared as cops might be for a
potentially lethal confrontation, are they truly prepared for the aftermath
-- the inquiries and investigations; the Monday-morning quarterbacking; the
press and public commentary; the varied physiological and emotional
responses?
Officers who use deadly force commonly experience
stress-related reactions, including nightmares, fatigue, recurrent thoughts
of the incident and feelings of guilt, fear, anxiety, anger and sadness.
These can have severe, long-lasting impacts, not only cops but for their
loved ones as well.
A cop's job is difficult, even on a "normal"
day. We ask them to be law enforcers, peacekeepers, crisis workers,
counselors and baby-sitters.
NO CALLS TO CELEBRATE
Cops are not called to happy festivities, or to
intervene in a family hug. They're not called to celebrate someone's
birthday.
Cops are, however, frequently called to family quarrels,
fights and disputes. They're called to arrest intoxicated or drugged persons
who are often out of control. They're called to the scenes of violent
crimes, accidents, suicides and deaths.
But, if we're lucky, that cop will come back to work.
When confronted with a situation necessitating the use of deadly force, what
happens will undoubtedly be a life-changing experience for many, including
the cop.
That can become a nightmare for even the most seasoned
officers. These veterans deserve our respect and support.
Not for their use of deadly force, but for their
dedication to their profession and their demonstrated self-sacrifice toward
their communities.
Protect the
Memory of Our Fallen Brother Danny Faulkner
Below is a call to arms for you, your families and
friends to protect the memory of Philadelphia Police Officer Daniel Falkner.
Faulkner was murdered in 1981 in the line of duty by the now infamous
Wesley Cook or who we know now as "Mumia Abu-Jamal". The information
has come from COPS and I have verified it on the website dedicated to Danny
Faulkner. Please take the time to sign the petition and prevent another cop
killer from receiving ANY legitimate recognition! Please send this on to
others to send the message.
Monthly News From
COPS
Concerns of Police
Survivors, Inc.
February 2007
Move Underway to Name New York City Street for Cop-Killer
On December 9, 1981, Philadelphia Police Officer Daniel Faulkner
made a traffic stop. The car stopped by Officer Faulkner was driven by
William Cook. After making the stop, Danny called for assistance on his
police radio and requested a police wagon to transport a prisoner.
Unbeknownst to him, William Cook's brother, Wesley (aka Mumia Abu-Jamal)
was across the street. As Danny attempted to handcuff William Cook, Mumia
Abu-Jamal ran from across the street and shot the officer in the back.
Danny turned and was able to fire one shot that struck Abu-Jamal in the
chest; the wounded officer then fell to the pavement. Mumia Abu-Jamal
stood over the downed officer and shot him four more times at close
range, once directly in the face. Mumia Abu-Jamal was found still at the
scene of the shooting by officers who arrived there within seconds.
Details of the case, the trials, and the subsequent appeals are at the 25th
Anniversary of Faulkner's Death website at:
There is currently a campaign underway to honor this convicted
cop-killer by naming a street in New York City for him. To protest this
travesty, sign the on-line petition at
See Danny Faulkner's Tragic
Story:
Follow this Movement
at:
Major Garrity Decision Out Of California
Has Far-Reaching Implications For Disciplinary Investigations
From The March Issue of Public Safety Labor
News
Potentially the most important case in 40
years interpreting Garrity v. New Jersey was decided on January 12, 2007, by the
California Court of Appeals. If the reasoning of the decision is adopted by
other states, it will fundamentally alter the way disciplinary investigations
are conducted.
Thomas Spielbauer was employed as a public
defender by Santa Clara County, California. Spielbauer became the subject of a
disciplinary investigation into charges that he had either misled or
deliberately lied to a judge. At the start of Spielbauer's disciplinary
interview, the County's investigator began asking Spielbauer questions.
Spielbauer's attorney interjected, stating that Spielbauer would refuse to
answer questions "under the protection afforded to him under the
Constitution of the State of California, the Constitution of the United States,
and the Statutes and Laws of the State of California, the County of Santa Clara,
and the United States of America" (apparently the local zoning code was
unavailable for citation).
The investigator responded by specifically
ordering Spielbauer to answer his questions, and by stating that his statements
would be not be admissible in a subsequent criminal prosecution. The
investigator's words were: "Tom, you have a right to remain silent and not
incriminate yourself. Your silence, however, may be deemed insubordination,
leading to administrative discipline up to and including termination. Any
statement made during this interview cannot, and I emphasize cannot, be used
against you in a subsequent criminal proceeding. Do you understand what I've
just read to you?"
Spielbauer still refused to answer
questions, indicating that he would only do so if a formal grant of immunity was
received from a court.
The County fired Spielbauer for
insubordination for refusing to answer the investigator's questions, and for
untruthfulness in his dealings with the judge. Spielbauer challenged his
termination in court, arguing that no public employee could be compelled to
answer questions in a disciplinary investigation unless the employer first
obtained a formal grant of immunity from the use of the interview or the fruits
of the interview in a subsequent criminal prosecution.
In an exhaustive opinion, the Court upheld
Spielbauer's challenge. The Court first turned to the threshold for Fifth
Amendment self-incrimination analysis - in other words, when the Garrity
doctrine applies at all. In the Court's eyes, "the privilege against
compulsory self-incrimination can be asserted in any proceeding, civil or
criminal, administrative or judicial, investigatory or adjudicatory; and it
protects against any disclosures which the witness reasonably believes could be
used in a criminal prosecution or could lead to other evidence that might be so
used." The Court found that Spielbauer's investigation easily met this
test, and that he could have reasonably believed prosecution could be based upon
his answers.
The heart of the matter, the Court
observed, was whether Spielbauer "could be compelled to answer, or
disciplined for refusing to do so, despite the incriminating potential of his
answers." The basic proposition, the Court stated, was that "a state
agency cannot compel its employees to answer incriminating questions over a
Fifth Amendment objection unless it first grants them protection against the use
of their compelled answers, and evidence derived from those answers, in any
later criminal prosecution."
The County argued that the operation of
immunity under Garrity was automatic, and that the moment it used its authority
as an employer to compel Spielbauer to answer the questions, Spielbauer's
answers were immunized, and thus his constitutional rights were fully protected.
After reviewing the full line of cases decided in the wake of Garrity v. New
Jersey, 395 U.S. 493 (1967), the Court ultimately rejected the County's
arguments, and held that an employer's promise that compelled statements could
not be used in a criminal prosecution was an inadequate protection for an
employee's Fifth Amendment rights. Instead, the Court held, the employer must
obtain a formal grant of immunity before an employee can be forced to
participate in a disciplinary interview.
The Court's rationale bears quoting at
some length:
"The foregoing cases stand for the
rule that the state cannot compel a public employee to answer incriminating
questions 'unless and until he is protected' against the use of his answers to
make a criminal case against him. In the absence of such protection, the
interrogate is 'privileged to stand mute without fear of punishment for his
refusal to answer. The protection contemplated by these cases is a grant of immunity,
i.e., an undertaking by the state not to use the answers to
prosecute.
"This privilege to stand mute must be
distinguished from a second rule of federal constitutional law, which arises after
an individual has been unlawfully compelled to answer incriminating questions.
Under this rule, when a compulsion to answer violates the interrogatee's right
to remain silent, he may object to the admission of his answers, or any evidence
derived from them, in any criminal action brought against him. Thus, if a public
employee is compelled to answer incriminating questions under a threat of
dismissal, his responses will be excluded from a subsequent criminal
prosecution. This exclusionary rule is a remedial device predicated
upon an unlawful violation of the interrogational privilege.
"In sum, federal cases contemplate
two distinct shields, which become available at different stages of a
prospective or actual prosecution. The first arises in any official
interrogation, and entitles the interrogate to refuse to answer
incriminating questions unless immunity is granted. The second arises at
the time of a criminal trial, and entitles the defendant to exclude from
evidence any incriminating statement, or evidence derived from a statement,
that was extracted in violation of the first privilege. The interrogational
privilege preserves the right to remain silent; the exclusionary rule remedies
a breach of that right. These rights coexist because any attempt to compel
incriminating disclosures places the interrogate 'between the rock and the
whirlpool.' He is entitled to resist threats of punishment for his exercise of
the right to remain silent, but he may be excused if instead he succumbs. In
either case, the law strives to vindicate his right to remain silent in the
first situation by setting aside any adverse consequences visited upon him for
standing mute, and in the second by excluding from evidence his wrongfully
compelled statements, and any evidence derived from them. The first right is
preservative and protective; the second, restorative and remedial.
"Here, when Spielbauer's supervisor
sought to question him in a potentially incriminating manner, Spielbauer
asserted his right to remain silent, and the supervisor told him he must answer
or subject himself to discipline, including discharge, for insubordination.
Although the supervisor stated that Spielbauer's answers could not be admitted
in a criminal prosecution, an apparent allusion to the rule of exclusion, he
never granted or offered immunity. Under the foregoing authorities, the failure
to offer immunity was fatal to any attempt to discipline Spielbauer for
remaining silent. It follows that the Board's finding of insubordination cannot
survive."
The Court then turned to the next
substantial question before it - who could grant the immunity necessary before a
disciplinary investigation could proceed? In the Court's eyes, that immunity
could only be granted by a prosecutor in a judicially-supervised process. The
process suggested by the Court was a petition to the local prosecutor to obtain
a protective order immunizing the employee. Such an approach, the Court
reasoned, "reflects a meticulous balancing of the needs of would-be
interrogators against the prerogative of the Legislature to define crimes and
their punishments, and the power and duty of the executive to prosecute the
offenses thus defined. An integral part of this balancing is judicial
supervision of the process. The immunity thus entails, first, legislative
authority implied from statutes applicable to the controversy in which the
request for immunity arose; second, due consideration of the risk the immunity
may significantly hinder enforcement of the criminal laws; and third, direct
involvement of a court by whom the merits of a particular request may be
considered, and conflicting interests weighed.
"Requiring a clear grant of immunity
provides superior protection to prosecutorial interests precisely because it
disables other officials from unilaterally compelling statements that may taint
later prosecutions. If an official wants to compel incriminating disclosures, he
will have to secure immunity; if he fails to do so, the employee is entitled to
stand on his right of silence without fear of repercussions. If the employee
does this, no tainted disclosures will be made, and no prosecutor will be
required to overcome a later claim that his case has been poisoned. To be sure,
the employee's assertion of this right may pose impediments to disciplinary
investigations, but surely it is not for the courts to solve that problem with a
blanket regime of automatic immunity."
Because Spielbauer's termination was based
in part on the insubordination charge, the Court reversed the termination, and
remanded the case back to the County for reconsideration of the appropriate
punishment for the remaining of Spielbauer's offenses.
Spielbauer v. County of Santa Clara, No.
H029345 (Cal. App. 2007).
Please Read a Personal Message
From Mrs. Donna Lamonaco
MY
NAME IS DONNA E LAMONACO AND MY HUSBAND WAS TROOPER PHILIP LAMONACO GUNNED DOWN
AND MURDERED ON DEC 21, 81 BY TWO MEMBERS OF A REVOLUTIONARY TERRORIST GROUP
CALLED THE UNITED FREEDOM GROUP. THIS GROUP BEGAN 30 YEARS AGO BY RAY
LEVASAUR AND THOMAS MANNING. THEY WENT TO COLLEGES AROUND THE NEW ENGLAND
STATES, RECRUITING FRESH YOUNG MINDS THAT WERE SCREWED UP BY DRUGS AND THE
BURNING OF OUR FLAG; THE PROTEST OF VIET NAM AND FLEEING TO CANANDA; SHOWING
PROTEST AGAINST OUR COUNTRY AND GOVERNMENT.
DURING
THIS TIME THEY ALSO ENTERED PRISONS AND BEFRIENDED "SHORT TERM" NO
BODY'S THAT HAD NO LIFE OUT SIDE OF JAIL THUS RICHARD WILLIAMS. THIS GROUP
WAS OVER 15 MEMBER STRONG WITH FAMILIES OF EACH MEMBER. THEY FINANCED
THEMSELVES BY ROBBING BRINKS TRUCKS, THEY SHOWED PROTEST AGAINST OUR GOVERNMENT
BY BOMBINGS AND THEIR PLAN TO OVER THE THROW THE US GOVERNMENT WAS #2 KILL ALL
LAW ENFORCEMENT OFFICERS. MANNING AND LEVASAUR WERE ON THE FBI'S 10 MOST
WANTED LIST.
ON
DEC 21, 1981 THINGS CHANGES, THE FBI, THE CIA, THE DEA, COULD NOT FIND NOR STOP
THIS GROUP, BUT TROOPER PHILIP J LAMONACO AND NEW JERSEY STATE TROOPER OF 11
YEARS, DID. HE WAS A HIGHLY DECORATED TROOPER RECEIVING THE TROOPER OF THE
YEAR AWARD IN 1979, THE NIGHT AFTER JO ANN CHEISAMARD ESCAPED ANNANDALE PRISON.
IN NOVEMBER OF 81, HE WENT TO NYC TO DO AN ARTICLE AND PHOTO FOR THE NEW JERSEY
MAGAZINE AS ONE OF 82 PEOPLE TO LOOK FOR IN 1982.
THIS
PERSON WAS MY HUSBAND, FRIEND, MY LOVE. HE WAS THE FATHER OF OUR THREE
CHILDREN. HE WAS MURDERED THAT DAY AND LEFT ON THE SIDE OF THE ROAD TO
DIE, HAVING THREE MORE BULLETS IN THE BACK OF THE HEAD BEFORE MANNING AND
WILLIAMS LEFT THE SCENE.
THIS
PAST WEDNESDAY I RECEIVED A PHONE CALL FROM A JERSEY TROOPER ADVISING ME OF THE
UNIVERSITY OF SOUTHERN MAINE HAVING AN "ART GALLERY" EXPO FROM NOW
TILL OCT 4. HAVING A WEB SITE CALLED "CAN'T JAIL THE
SPIRIT". THING IS, THE PORTRAITS, DRAWINGS, PAINTINGS AND SELF
PORTRAIT WERE DONE BY NONE OTHER THAN THOMAS MANNING. ONE OF THE TWO THAT
MURDERED MY HUSBAND THAT COLD DECEMBER NIGHT. LEAVING HIS FAMILY TO BURY
HIM ON CHRISTMAS EVE DAY WITH A 5 YEAR OLD, 4 YEAR OLD AND 10 MONTH OLD BABY.
NOT
ONLY WAS THIS COMMON LAW CONVICTED MURDERER WHO SITS BEHIND FEDERAL PRISON
FOR CHARGES OF OVER THROWING THE GOVERNMENT AND BOMBINGS, WAITING TO COME TO NEW
JERSEY TO BEGIN SERVING TIME FOR PHIL' DEATH, BUT THE GUEST SPEAKER SCHELDED FOR
SEPT 15TH., WAS RAY LEVASAUR; THE MAIN PERSON BEHIND THE UNITED FREEDOM FRONT
WHO AFTER SERVING ONLY PART OF HIS FEDERAL TIME FOR THE BOMBINGS AND OVER THROW
OF THE GOVERNMENT.
FROM
THE AFTERNOON OF WEDNESDAY TO THIS VERY MOMENT AND HAD BEEN ON THE PHONE WITH
THE MAINE TROOPERS ASSOCIATION, THE CHIEF OF POLICE, THE NEWSPAPERS AND OTHER
COPS SETTING UP AN AGENDA FOR MY ARRIVAL ON FRIDAY THE 15TH. I TOLD THEM
AND I TELL ANYONE, WHEN YOU KILL A COP, YOU LEAVE BEHIND A FAMILY THAT IS SO BIG
AND SO STRONG AND POWERFUL THAT WHEN IGNORANT PEOPLE SUCH AS THE ONES IN CHARGE
OF THIS EXHIBIT DECIDE TO BRING IN COP KILLERS WORKS AND SPEAKERS, WE WILL
PREVAIL.
THERE
WERE TROOPERS FROM NEW JERSEY ALL THE WAY TO MAINE WITH EVERY STATE IN BETWEEN
WRITING LETTERS AND DRIVING TO MAINE TO STAND WITH ME AND ALONG SIDE OF ME AS WE
STAND TALL IN OUR ANGER AND FIGHT TO BRING OUR SIDE OF JUST WHO WAS THIS
"POLITICAL PRISONER" EXHIBIT INVOLVING AND WHAT THEY REALLY ARE.
THANKS
TO THE BACKING OF ALL LAW ENFORCEMENT, I RECEIVED A PHONE CALL TODAY TELLING ME
THAT THE PRESIDENT OF THE UNIVERSITY SHUT THE EXHIBIT DOWN. CLOSED IT UP.
REMOVED ALL PAINTINGS AND CANCELLED ANY AND ALL SPEAKERS.
WE
WON. WE FOUGHT WITH MIGHT AND STRENGTH AND A CAUSE THAT WAS NOTHING SHY OF
RIGHT, AND WE WON.
TO
ANY OF YOU WHO HAD ANY HAND IN HELPING ME SUCEED IN THIS ;MAJOR; MAJOR
ACTION.....I THANK YOU.....I THANK YOU ALL FOR SUPPORTING ME, THE MANY MANY
PHONE CALLS AND RESEARCH THAT MAINE LAW ENFORCEMENT WENT THROUGH AND FOR ONCE
AGAIN PROVING THAT OUR FAMILY IS A STRONG FAMILY AND WE LOOK OUT FOR EACH OTHER.
DON'T MESS WITH THE MEN AND WOMEN IN BLUE AND OH YEAH THE SURVIVORS.
GOD
BLESS AND STAY SAFE
DONNA
E LAMONACO
Troopers Werner
Foerster, Philip Lamonaco and Lt. Lester Pagano
ATTORNEY
GENERAL RELEASES INDEPENDENT SHOOTING REPORTS
Read
the final reports justifying the use of deadly force in officer involved
shooting in Sanford and Jay.
Sanford
Shooting Report
State
Police Shooting in Jay
MAP
Designates New Primary Contact for Critical Incidents
Review,
download, Print & POST the updated Critical Incident Procedures Here
IMPORTANT NOTICE ON LD 936
"IMMUNITY" BILL
LD 936, or the bill which will change the immunity of
police officers in discretionary functions (Vehicle Chases, etc.) recently
passed in the legislature. There has been considerable discussion
and misinformation in regards the effects this bill will have on individual
officers and how it was passed. Sadly, this misinformation comes from within
our own membership. In communicating with the Maine State Troopers Association
and researching the bill the following information below is the accurate
ramifications of this bill!
It is important that if questions arise like this we do
not work on rumor, conjecture or let our personal assumptions to communicate
frustrations or dissatisfaction. Contact your Vice-Presidents, or get the
facts before spouting off. As it is often said in the academy, If we don't
have an answer to your question, we will get the answer and get back to you.
Please post, distribute and communicate to your local chapters this important
information!
This morning I received an inquiry about the status of LD936,
the bill to change the Immunity of Law Enforcement Officers on Discretionary
Functions (motor vehicle operation). After we were able
to get the bill withdrawn by its sponsors, the bill went back to committee
for work and "consideration". A couple of weeks later, the
bill came back to the floor of the House of Representatives in a much more
watered down version. The bill passed both the House and Senate and was
signed by the Governor. A number of senators and representatives that
voted against it the first time, voted in favor of the newly worded bill.
The long and the short of it is that this new bill actually
helps us more than it hurts us. Here's what the new version changed.
Under previous state law, Law Enforcement Officers were
personally liable for up to $10,000 if there was a ruling against them in a
civil suit. Most of the time, the towns, counties or the state would of
covered the officers liability, but the fact was that there was always a
possibility that you and I would of had to come up with 10-grand if we were at
fault in a car accident. This new bill removes all personal
liability on the part of the police officer.
The most notable change is that now, if a local or county
police officer is found to be in gross negligence while
operating his cruiser, his town or county can be sued. NOTHING changed
as far as the State is concerned. A person still needs permission to be
able to sue the State and that can only be done through an act of the
Legislature. If gross negligence is proven, then a person who sues a
county or municipality can only be awarded the insurance policy liability
coverage (up to $400,000 max).
State Law Enforcement Officers: No changes on being
able to be sued. Plaintiff still needs permission of the Legislature to
sue.
Plaintiff
needs to prove gross negligence on the part of the police officer.
$10,000 personal liability to the police officer is removed.
Local & County Officers:
Plaintiff needs to prove gross negligence on the part of the police
officer.
Towns and Counties can now be sued if the gross negligence is proven.
Plaintiff can only recover up to $400,000 if the town or county
is found liable. $10,000 personal liability to the
police officer is removed.
As I mentioned before, this bill and the changes were the
result of the Cumberland County deputy's accident in which 2 young
boys were killed. Norton vs. Hall. The
deputy was at fault in this accident and was operating her cruiser without
siren at speeds in the high 80'MPH range, responding to a 6-yr old out of
control. Even though fault was obvious in this case, Cumberland County
refused to give the Norton family permission to sue. Had the County
stepped up to the plate and offered a settlement in this case, this bill would
of never been proposed. This new bill basically gives people like
Michelle Norton her day in court and some sense of justice.
Read
Change to Bill Text Here
Read
History of Bill Here
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Case law of Interest
This case involves the City of Boston against
the Patrolman's Association. In this case the city was able to vacate an
arbitrator's ruling, contrary to public policy, when the arbitrator overturned
the termination of an untruthful police officer.
Read
the Case Summary Here
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