TPOAM

By Frank Guido, General Counsel

There is an unsavory phenomenon which rears its ugly head when economic times, real or perceived, are difficult. This phenomenon infiltrates the mindset of some individuals in leadership roles in state and local government, causing them to believe they can “solve” economic problems, as if they were “anointed,” thereby forgetting they have been elected by the people. Semper pro populus is the Latin phrase for “al- ways for the people.” When some state legislators and local government officials act on behalf of their ego, they fail to act on behalf of the people who elected them. There is little question that a paral- lel exists between fiduciary duties and the obliga- tions of elected public service. The term fiduciary, as derived from the Latin term “fides” or “fiducia”, means trust and confidence. When the public elects an official, the pub- lic places its trust and confidence in that individual to act on behalf of the best interest of the public. Elected officials make significant de- cisions on behalf of the public, including how to spend taxpayer money and how to deliver services. A fiduciary, who has the power and obligation to take action on behalf of others, must adhere to strict standards of diligence, responsibility and honesty. Fiduciaries must use their “best efforts” for those they serve. Likewise, in the case of an elected public official, a responsibility exists to use skill, care and diligence in providing service to the public. When a public official faces a difficult decision that may involve a trade-off between what seems to be equally significant goals, there is guidance in how to reach the best decision. Considerations of fairness, fair processes, trustworthiness, responsibility, loyalty, compassion and respect are useful when making the difficult decision. The degree of loyalty, however, must always be to the entity served, the people, and not individual interests. For true fiduciaries, the ultimate source of ac- countability may be the courts. Public officials, however, must also be answerable to the public.

When public officials cross the line, forgetting that they are elected and not “anointed,” the parallel to fulfilling fiduciary responsibility is lost. As the dictionary states, to “anoint” is to be smeared or poured upon with perfumed oil or other substance in a ritual process. In West- ern Tradition, the anointing of a King is the equivalent of a crowning. When some government officials perceive that they may act with impu- nity, as though “anointed” as a King, they have forgotten that they are, in fact, elected by the people, and that they do not have unfettered discre- tion when they act. Times are perilous in the labor-management arena. We are confront- ed daily with dangerous legislation being proposed by state legislators adversely affecting fundamental law enforcement labor rights. Like- wise, at the municipal level, we are confronted with bizarre employment decisions which do not reflect elected officials acting in the interest of the people, but, instead, players who are putting self and ego at the fore- front of their decision-making process. If you ask what is the rationale, the answer may be found, in part, in the following analysis: The State has no money, so the State cannot give financial support (i.e. revenue sharing) to local government in the amount needed, hence, the State will “destroy,” I mean “amend” State law to empower local government to run roughshod over employee collective bargaining rights, so that local government can allegedly “solve” their economic problems to take State government off the financial hook. That twisted logic, which unduly hammers law enforcement, will not fix the problems which exist. In- stead, an entirely new set of problems, financial, emotional and physical, will result. I need not elaborate on the assault which we have recently witnessed, not only in Michigan, but across the country, especially in the State of Wisconsin, where the real issues at hand have taken a back seat to the power play of ego. The proposed legis- lation spewing from Lansing is a new life form unto itself. Proposals are flow- ing daily which gut collective bargain- ing rights, unilaterally impose require- ments on public employees to forego contractually arrived at benefits and wages and require employees to ab- sorb insurance costs without negotiation or agreement. Other proposed legislation seeks to void contracts and eliminate collective bargaining rights for lengthy periods of time. The proposals make little or no effort to distinguish between which public employees will be affected. “All are punished,” to quote Shakespeare. The proposals, in reality, accomplish little more than turning back the clock to a period in our history which caused the necessity of labor unions in the first instance. As we all know, “history repeats itself.” The only question is what will be the ultimate consequence to the present level of anti-union folly. Speaking specifically of law enforcement, Michigan law has long rec- ognized that it is the “public policy of this state …” that because “the right of employees to strike is by law prohibited …,” “the high morale of … employees and the efficient operation of … departments” requires mechanisms to be in place to resolve disputes. To restrict or eliminate rights to collective bargaining and to tamper with compulsory arbitration of disputes, is to negate the very public policy which is in place in this state, to which elected officials owe fidelity and not a self-serving, ego- driven “anointed” versus elected mentality. Looking to someone who has truly been anointed, Pope Benedict XVI, in an address on January 31, 2009, stated that labor unions have an important role to play in finding a way out of financial crisis to establish a new culture of solidarity and responsibility in the market place. To that end he stated that “Union organizations can make a significant contribu- tion” to a “new synthesis between the common good and the market, between capital and labor.” Giving recognition to his predecessor, Pope John Paul II, Pope Benedict further stated that labor is a key component in social questions and an indispensible element of social life in modern industrialized societies. The Pope embodied his strong position on the role of labor organizations in his third encyclical entitled “Charity and Truth.” Transcending the legislative upheaval in Lansing, is the equally malicious penchant of some local government officials who consider difficult economic times as a free-for-all to cut budget corners by cutting law en- forcement personnel, either through attrition or suspect disciplinary action, without distinguishing between essential and non-essential governmental services. When law enforcement employees are fired in circumstances that in “good economic times” would have yielded far less scrutiny, let alone discharge, then acting in the public good is not being furthered. Inevitably, a union will challenge such action, which then yields a time consuming and costly fight, generally through arbitration and thereafter the possibil- ity of the courts, with a result that costs the employer not only substantial legal fees, but also the inevitable restoration to work with back pay and benefits. The parties, as a result, are placed in a worse position than they were in when the ill-thought out decision to discipline was made in the first instance. With the advent of legislation authorizing creation of an “Emergency Financial Manager,” we will now have an individual who is not elected, yet will possess and wield more power and authority than those who are elected. Perhaps, it is an “anointing.” Or, perhaps it is the creation of a new class of individual, the government-sanctioned “carpetbagger.” The EFM could truly be called a “carpetbagger,” since the EFM will ride into town, motivated by political and financial advantage, and will operate with unfet- tered discretion affecting everyone. The old saying of “power corrupts, but absolute power corrupts absolutely” is a real possibility for the future, with the overly broad “absolute” powers contemplated for an EFM. Before anyone considers my thoughts as mere rants and raves, it must be said with equal vigor that there are officials in state and local government who truly remember their “elected” capacity, and act in furtherance of the interest of the people at all times. Those individuals fulfill the unwritten fiduciary duty of the job. We call them friends and we will not forget them. Let it equally be said that there are some public sector unions that de- serve to be chastised for their demands at the bargaining table and their dealings with public employers. Unions that are intransigent in thought and deed have fueled governmental disdain toward all public sector unions. We are all now paying the price for the arrogance and wrongful actions of both government and unions. The POAM membership can rest assured that we are reviewing, on a daily basis, legislative proposals, conversing with legislators and local gov- ernment officials, and proposing revisions to pending legislation to reach an amicable resolution to the problems in the labor-management arena. We hope for success, but we are prepared, if necessary, to take aggressive legal action to protect our membership. We all remember “The Good, The Bad and The Ugly.” Will it now be the Elected, the “Anointed” and the Carpetbagger? Well, time will tell. That’s my article for this edition, “Generally Speaking”.

By Ed Jacques, LEJ Editor

After nearly two years of tough negotiations with the previous contract and administration and an ensuing Act 312 petition filed by the City of Dearborn against the Police Officers Association of Michigan and the Police Officers Association of Dearborn, Arbitrator Donald Burkholder rendered an award securing a union victory on the vast majority of issues presented in the case. However, Burkholder did side with the employer on one key issue – a defined contribution pension plan for new employees. POAD President Jeff Gee was pleased with the outcome, considering the number of issues his association prevailed upon, including wages and health care, but knew that a two tiered pension system would eventually pose problems within his unit. Shortly after the arbitration award, Gee and then Vice President Gregg Allgeier established a relationship with the new Mayor John B. O’Reilly, Jr. and new City Council President Thomas Tafelski. They discussed policies and procedures within the department, but also took the opportunity to bend the administration’s ear on upcoming negotiations and the negative impact that a defined contribution plan would have on the department. O’Reilly and Tafelski were sympathetic and promised to do everything possible to maintain the high standards and reputation of the Dearborn Police Department. Eventually, recruiting sessions at the department went from hundreds of applicants to approximately 50, with only a dozen qualified candidates. Gee and Allgeier checked with neighboring POAM departments and did not see the same problem. Speaking with newer officers hired at those departments, they surmised that their neighboring

By Ed Jacques, LEJ Editor

Harry Valentine has learned a lot in his 27 years as a deputy with the Washtenaw County Sheriff’s Department. Fortunately for Washtenaw County Deputies, 22 years of lessons came from being actively involved with his local union. When the local association switched from FOP to POAM in 1989, Valentine was recruited to serve on the lo- cal executive board as its Sergeant at Arms. After three years in that capacity, he inherited the presidency in 1992. “I received ‘hands-on training’ from our business agent, Ken Grabowski, that was invaluable,” said Valentine. “I was probably on the phone with Ken every other day ask- ing for his advice.” Valentine’s “teach me” philosophy served him well in those inaugural years as he became a loyal and effective union president. “I could always count on Harry to follow through on all of his local responsi- bilities while establishing a working relationship with the employer” stated Grabowski. “Union leaders that work in large sheriff’s departments like Washtenaw need to realize its many political motivations and Harry picked up on those right away.” Although Valentine has been president and assisted members through several critical incidents and discipline issues, he states that his biggest challenge has been main- taining road patrol throughout the County. Whether it be threatened layoffs, or the County pricing some of its lo- cal townships out of the contracted police service, Valen- tine has stood tall and helped secure those jobs. “I will bring the same work ethic to the vice president’s position at POAM as I have established as president of the Washtenaw County Deputy Sheriff’s Association, and that is as a loyal employee on behalf of every member,” commented Valen- tine. “I tend to look at things in a long-term prospective and make improvements that will continue long after I’m gone.” Valentine replaces former Saginaw POA President Dan Kuhn in the vice president’s role. Kuhn vacated that po- sition after retiring from the Saginaw Police Department earlier this year. Kuhn served as POAM VP since 2002. He spent eight years on his local executive board, seven of them as its president, after being reinstated after an epic battle with the city’s administration. “I’ve always felt a strong sense of obligation to serve POAM after General Counsel Frank Guido won my job back many years ago” confessed Kuhn. “It has been a labor of love and I am now working directly under Jim Tignanelli, who has spent countless hours representing myself and many members of Saginaw POA.” From his home base in Saginaw Township, Kuhn rep- resents collective bargaining units as far north as Gladwin County, Genesee County to the south, Isabella County to the west, and Sanilac County to the east. Kuhn doesn’t mind the travel. “When you push a squad car around a city like Saginaw for 20 years, it’s kind of refreshing to get on the road and take in some of nature’s scenery along the way.” Kuhn added, “This job presents different challenges every day and I want to provide all POAM members under my watch the same protections that I received as a patrol- man in Saginaw.” POAM’s growth spurt has also created an opportunity for Thomas Funke, who has served on the POAM Execu- tive Board since 1996 and acted as the POAM secretary for the last four years. In late 2010, Funke retired after 25 years with the Livonia Police Department, the last nine years acting as its union president. While working in those capacities, Funke also worked part-time as a business agent representing over a dozen collective bargaining units. Af- ter retirement, Tom was removed from his secretary po- sition and assigned as a full-time business agent. Funke has picked up the majority of new groups joining POAM in 2011 and is close to carrying a full caseload. Funke earned the respect of everyone he worked with in Livonia, including the administration and the City’s poli- ticians. Tom always put his members’ interests first and earned a reputation as a tough, honest and approachable leader in the City. Funke turned down numerous opportu- nities to take promotional exams because he knew that an increase in rank would strip him of his responsibilities and passion for representing rank and file police officers. “I was happy for my good friend Wayne Beerbower when he retired from Farmington Hills PD and was offered a full-time job at POAM,” said Funke. “I’m thrilled that my hard work has created that same opportunity for me.” The secretary’s position at POAM has been filled by Southfield POA President Mark Zacks. Zacks has served on the POAM Executive Board since 2001 and has been his local union’s president since 1999. Zacks has established a reputation for being very ac- tive and outspoken when discussing important law enforce- ment issues at POAM Executive Board meetings. “That won’t change, but I now have to concentrate on logging the minutes and points of order during those meetings so I am in the process of honing my multi-tasking skills,” joked Zacks. “But seriously, Harry Valentine and I both agree that we have some pretty big shoes to fill, but we’re both up for the task.” Zacks also handles the responsibility of being a part- time business agent. His no-nonsense, “call it as he sees it” attitude in negotiations, employer meetings and union ac- tivities have been welcomed by all of the groups he services and in some cases, by employers. He has a reputation as a bulldog in communities like Bloomfield Hills and Linden, where he mobilized employees and citizens to storm local council meetings and saved police and dispatch jobs. POAM President Jim Tignanelli is relieved that his Ex- ecutive Board contains more than enough talent to fill po- sitions when they become available. “The POAM Board has a wealth of experience and I’m just as pleased that our tremendous growth has created some fresh blood in our or- ganization. Our goal is to provide the most comprehensive professional service to our members, and in the process we have created new opportunities for people that want to be part of the team,” bragged Tignanelli.

By Ed Jacques, LEJ Editor

In September 2008, negotiators for the City of Belleville and POAM on behalf of the Belleville Police Officers Association reached a tentative agreement on a new collective bargaining agreement to replace the prior contract which had expired. Details of the tentative agreement were set forth in a one-page document dated September 24, 2008. Among the changes were a series of wage increases, including a $300 signing bonus, retroactive pay, a health care re-opener in 2009, and the addition of Good Friday as a holiday for unit members. The written agreement did not specify that there would be any change with respect to promotions for bargaining unit members.

By Ed Jacques, LEJ Editor

For a number of years, the City of Saginaw has allowed its employees to use its e-mail system to send correspondences that are not directly work related. The City also allowed the unions representing its employees, including the Saginaw Police Officers Association (SPOA) to use the system to send e-mails to their members.

On April 28, 2010, the Center for State and Local Government Excellence (SLGE) and the National Institute on
Retirement Security (NIRS) released their report:  Out of Balance? Comparing Public and Private Sector
Compensation Over 20 Years.  The report was coauthored by two economists from the University of Wisconsin-
Milwaukee, Keith Bender and John Heywood.  Based on their analysis of data from the U.S. Bureau of Labor
Statistics, the authors conclude that public-sector  employees earn less than private-sector employees when
earnings are adjusted for their level of education, training, experience and other known determinants of earnings.

Study Finds Public-Sector Workers Earn Less than Comparable Private-Sector Workers