MAPO takes part in Governor’s task force to analyze retirement funding for public employees
By Jennifer Gomori, MAP Editor
MAPO representatives recently participated in a meeting with the leadership of the West Michigan Policy Forum to discuss ways to tackle unfunded liabilities in communities without breaking the bank when it comes to the state’s budget. This meeting was connected with Gov. Rick Snyder’s Responsible Retirement Reform Task Force.
Attending on behalf of MAP members was Rich Heins, MAP President, to hear concerns of task force members which include state and local officials, private sector business leaders and employee representatives. Michigan Association of Police Organizations (MAPO) President Mike Sauger is a member of Governor Snyder’s task force. MAPO represents MAP and several other Michigan public safety unions.
“We’re going to have all the information first hand because he’s on that task force,” Heins said of Sauger.
The Feb. 15, 2017 meeting in Grand Rapids at Western Michigan University highlighted concerns leaders have with municipalities, such as Detroit and Flint, both previously placed under the leadership of state Emergency Managers to fix their budgets in an effort to avoid bankruptcy. Going forward Snyder and other leaders are trying to avoid situations like these where communities cannot afford to fully fund pension plans and retiree healthcare.
“Now the governor has taken this on as one of his causes,” Heins said. “He’s trying to figure out a way to fix it without it being entirely on the state.”
Union leaders want to ensure their members aren’t stuck paying the bill either now or in their retirement. “In the lame duck session this past year, there was an effort to pass legislation that would harm retirees and the prospect for retiree health care for active employees” Heins said.
Karoub Report highlights Governor Snyder's latest moves
Governor Rick Snyder has formed a task force to tackle local government retirement reforms; he expressed serious concerns about the proposed income tax rollback going before the House; with state revenues on the rise, he proposed a 2018 budget; and he appointed a Chief of Staff and Lottery Commissioner. These topics and more legislative issues are featured in the February 2017 Karoub Report.
Major changes to PA 289 require officers to be licensed
Michigan Commission on Law Enforcement Standards Executive Director David L. Harvey recently highlighted new licensing standards for Michigan Law Enforcement Officers. Prior to the changes to PA 289 in December 2016, Law Enforcement Officers were certified. Now they are licensed and must adhere to the following standards to remain licensed:
• License is revoked if the licensee obtained it by making misrepresentation or fraud.
• License is revoked if the licensee obtained it because another person made a misrepresentation or fraud. (Note: If an agency falsely attests that a candidate has complied with the licensing standards, the officer’s license will be revoked.)
• License is revoked if the licensee is adjudicated as guilty of any offense in any jurisdiction punishable by more than 1 year of imprisonment.
• License is revoked if the licensee is adjudicated as guilty of any of the following Michigan misdemeanors, or their equivalents in any jurisdiction:
1. Second offense of domestic violence.
2. First offense of assaulting an individual without a weapon and inflicting serious injury, without intent to commit murder or to inflict great bodily harm.
3. First offense of domestic violence without a weapon and inflicting serious injury, without intent to commit murder or to inflict great bodily harm.
4. Stalking.
5. Unauthorized possession of hallucinogens or Schedule 5 drugs.
6. Unauthorized use of Schedule 1, 2, 3, 4, or 5 drugs, ecstasy, cocaine, or hallucinogens.
7. Second OWI or OWPD within seven years.
(While felony convictions at any time would result in license revocation, there is no retroactivity of this law for officers convicted of misdemeanors.)
• An order of probation for a first-time domestic violence offense is now an adjudication of guilt that may result in revocation for a qualifying offense.
Read more: Major changes to PA 289 require officers to be licensed
MAP helps maintain pensions in a 401k climate
By Jennifer Gomori, MAP Editor
Having a pension is an important part of a successful retirement savings plan, but something many employers are taking away from their workers and replacing with 401k plans. In the public safety realm, pensions are an even more crucial component of retirement since a majority of these employees are not eligible for Social Security benefits. MAP works hard to maintain Defined Benefit (DB) plans, a type of pension plan, for its members.
When 401k plans were introduced to employees in the 1980s, it was never the intent of early backers that these would replace pensions.
“401k’s were not designed to take the place of (pensions),” said MAP Executive Director Fred Timpner. “If all people have is a 401k and Social Security, that will not be enough to maintain the lifestyle they’ve become accustomed to.”
In an effort to save money, employers are substituting these market-based plans for pensions. The problem is market volatility can negatively impact 401k savings compared to the steady growth of a DB plan.
“(Pensions are) the most important part because they’re not environmentally changed,” said Stuart Raider of Raider Dennis Agency. “The Defined Benefit is a payout based on a formula, like Social Security. Social Security is the cornerstone of most people’s retirement, although most police and fire aren’t eligible to receive this benefit.”
That makes DB’s even more important to public safety employees, assuring them a certain amount of money will be set aside for their retirement. The plan is ‘defined’ because the formula for calculating the employer’s contribution is known ahead of time. However, DB’s are different from other pensions, where the amount of payout depends on the return of the funds invested. If there is a shortfall from investments set aside to fund the employee’s retirement, employers must make up the difference.
“One of the advantages is the Defined Benefit puts all of the responsibility of the risk on the employer,” Raider said.
But that doesn’t mean DB plans will become a hardship for the employer, Timpner said. “If a DB plan is properly funded by the parties, then there could be minimal or no cost at all to the employer,” Timpner said. “For example, the City of Sterling Heights went years without putting one cent into the pension fund. There were no employer contributions due to the fact that the pension fund was overfunded.”
Karoub Associates highlights new year legislative issues
House Republicans are proposing a roll back of the state’s 4.25 percent state income tax to 3.9 percent in 2018 and eventually eliminating the income tax completely; the Michigan Supreme Court unanimously elected Justice Stephen Markman as its new chief justice; and Gov. Rick Snyder has now appointed three of the four-members of the Michigan Civil Service Commission (MCSC) - including former House Speaker Jase Bolger, the leading legislator behind the enactment of Right to Work in 2012. Click on the January 2017 Karoub Report for more information on these and other legislative topics.
Hough Counseling waives C.O.P.S. Health Trust co-pays, deductibles
If you, a family member or friend is struggling with depression, anxiety, trauma, addiction or a physical disability, Hough Counseling and Assessments can help. And there are no out-of-pocket costs for people with medical insurance through C.O.P.S. Health Trust as Hough will waive all co-pays, co-insurance or deductibles in 2017. Hough is owned and operated by Tami Hough, the wife of retired Detroit Police Officer Tom Schneider, who helped develop and run C.O.P.S. Health Trust. Our licensed counselors are familiar with the traumatic events law enforcement officers must endure on the job. We provide a full range of behavioral health services to clients of all ages and offer educational, psychological and vocational assessments. Our Certified Rehabilitation Counselors specialize in working with persons with disabilities. The office is located in Troy, in the same building as MAP corporate offices.
Lame Duck success!
Public safety employees stop bill that would've ended future retiree health benefits
House Bill 6074, which drew protest from public employees in Michigan and a barrage of calls to State Legislators will not be moved out of the House as part of a package of bills.
Early this morning, the House Local Government Committee reported that the only bill in this package that will be moved is House Bill 6075, which creates reporting requirements between public employers and Michigan Department of Treasury. This bill has no effect on retiree health care.
MAP Executive Director Fred Timpner wanted to thank MAP members for their support! MAP members participated in the MAPO effort, contacting State Legislators to make this victory possible.
However, Timpner also wanted to alert members that is this a temporary win and MAP members may be called on again soon. Republicans are expected to introduce bills as early as January 2017, after new legislators have been sworn into office, that would negatively impact public employee healthcare and pensions.
In the meantime, Legislators were clearly swayed by the overwhelming involvement of MAPO members.
Competitive grant open to all components of criminal justice system
The Michigan Justice Training Fund (MJTF) Competitive Grant Program is open to all components of the criminal justice system including Michigan courts, corrections, public defenders, prosecutors and law enforcement (both licensed officers and civilian staff). The process to apply for these funds is detailed here. For more information about Michigan Commission on Law Enforcement Standards (MCOLES) programs and services, click here.
Guidebook highlights research about women in public service careers
Fire Science.org has put together a comprehensive guidebook for women in public service careers. In this guide, readers can access in-depth insights and research about careers in homeland security, forestry, public administration, cyber security, emergency management, criminal justice and paramedics.
The guide highlights careers for women in public service, throughout history and today.
A 2011 report by the Department of Labor found that women are 50 percent more likely than men to work in public sector jobs, with 18.2 percent of all female Americans serving in this arena. Click here to learn more about public service jobs for women and information about potential salaries and education requirements for specific positions.
FireScience.org began in 2012 to provide quality data and information for students pursuing a career in fire science. The website provides tools and resources to help students and professionals make well-informed decisions about their education and career training.
Supreme Court rules in favor of Officers’ rights
By Attorney John Goldpaugh
False or inaccurate information cannot be used against a law enforcement officer in subsequent criminal proceedings, according to a recent ruling by the Michigan Supreme Court.
The Court based the 5-2 decision on the Disclosures by Law Enforcement Officers Act (DLEOA) and went on to say: “To hold otherwise would defeat the Legislature’s stated intent to preclude the use of ‘any information.’”
The June 22, 2016 ruling was made in the People of the State of Michigan vs. Nevin Hughes case, involving Detroit Police Officer Nevin Hughes. Hughes was represented by Attorney John Goldpaugh in his appeal. The case stemmed from charges of obstruction of justice, misconduct in office, and assault and battery, against Officer Hughes (and other officers with respect to the obstruction of justice charge) arising out of a 2009 incident.
Officer Hughes and other officers made statements during an internal investigation by the Office of the Chief Investigator. All three officers were given their Garrity rights and subsequently, departmental charges were filed against Officer Hughes.
Once departmental charges had been addressed, Internal Affairs began a criminal investigation and a warrant was obtained against Hughes and the other two officers. The sole basis for the obstruction of justice charge was the alleged false statements given under Garrity to the Office of the Chief Investigator, according to the People. The district court bound Officer Hughes over on the misconduct in office and assault and battery charges during the preliminary examination and dismissed the obstruction of justice charges against him and the other officers.
MCOLES issues chart on law enforcement population trends
Michigan Commission on Law Enforcement Standards (MCOLES) has issued a comparison chart on law enforcement population trends spanning the years of 2001 to current. The number of jobs and the number of individuals applying for positions continues to decline from 23,150 positions and 22,488 officers in 2001 to 19,061 jobs and 18,460 officers by January 2016. Please click here for the chart.
Understanding Garrity rights
Officers can protect themselves by knowing what not to say
By Jennifer Foley, MAP Editor
Understanding Garrity rights following an officer involved shooting, accident or any other incident where an officer is being questioned about their on the job actions can make the difference between remaining on the force or facing potential criminal charges. This is especially true due to mounting accusations of excessive use of force by police nationwide.
“Today we’re under fire from everybody,” said Michigan Association of Police (MAP) legal counsel John Goldpaugh of Goldpaugh & Associates, P.C. “You have to be careful.”
MAP Labor Relations Specialists Jim Steffes could not agree more. “Our society is getting a lot more violent,” Steffes said. “Some people don’t obey the police officer when he gives them an order and things can escalate if the person is assaulting the officer or disobeying their commands.”
Officers involved in shootings are often unable to think clearly immediately following the shooting. In fact, there are many questions they simply should not respond to until they have been advised by their MAP representative and MAP legal counsel, Goldpaugh said at a breakout legal session for MAP Executive Board Members and attendees in December 2015.
“You’ve got to get to your officer and tell him to keep his mouth shut,” Goldpaugh told Labor Relations Specialists. “We don’t want anybody to make any statement to anyone until: 1. He has had an opportunity to speak to his union steward and 2. To make sure he doesn’t start talking to people and, thereby not protecting his hard fought Garrity rights.”
