the Hot Sheet
Washington State Retired Deputy Sheriffs and Police Officers Association
P.O. Box 1805, Sumner, WA 98390
HAPPY NEW YEAR!
Joe Dawson, King Co S.O.
West: Ralph Waddle, King Co S.O.
East: Don McCabe, Spokane Co S.O.
Stan Reider, Lincoln Co S.O.
Tina Waddle, King Co S.O.
West Members At Large: Ron Johnston, Tukwila P.D.; Doug Partlow, Tukwila P.D.;
Mike Chaney, Des Moines P.D.
East Members At Large: Diane Erickson, Spokane P.D.; Dennis Hooper, Spokane P.D.;
Bob McQueen, Tukwila P.D.
Puget Sound Area 1st Tuesday of the Month
Johnny’s At Fife Restaurant
5211 20 ST. E.
Fife, WA. 98424
Retired Sheriff Deputies, Employees and Spouses Association
1st Monday of the Month at 11:30AM
10502 E Sprague Ave.
Spokane Valley, WA 99206
Here it comes, the end of another year. The celebrations have been fun and now it’s time to get back to New Year’s Resolutions. The good news is they are the promises you make to yourself. If you don’t share them, you don’t have the need to feel guilty. The difficult time of this past year is remembering the friends and associates we’ve lost. It’s a time to remember the good times with them and to be supportive to their families. That’s what the Association is all about.
Like an extended family, we look out for our retirement plans to take care of each other. Now for the bad news, we’ve had an indication that the LEOFF I retirement will be under attack again this year. Those of you that have joined or contributed to the LEOFF I Coalition have probably read Dave Perry’s articles that indicate there is really no fund to be robbed by the legislature. The excess funds the legislature wishes to take are projections of future funding made by actuarial predictions and the State Investment Boards past record. Perry found that LEOFF I is actually 99% funded. That means there is really no money to be taken. The rules state that funds in excess of 120% could be available for use by the legislature. Either way it looks like there will be another attempt on our pension. We may need to take action. Please stay informed and stay involved. It’s our money.
The Association will continue to update our bylaws to reflect our operation and what we really expect. Through our present bylaws, members will have the opportunity to vote on any changes to our bylaws that are suggested by the Bylaws Subcommittee. This will be good for future guidance to our leaders.
In closing this year and the President’s Message, I would like to encourage everyone to attend our meetings. It’s the only other way for you to keep up to date on your Association. Break into conversations while you are in attendance. Many of us know each other so well that we seem to disregard people from other departments. It’s not personal! Plus, new friends are always welcome. We need our numbers to increase for representation with the legislature.
Here is wishing members, families and friends a prosperous 2018 and an enjoyable retirement. I look forward to having those good times when we get together and hearing from you.
DUES ARE DUE!
Yes, it’s that time once again. Please try to pay your dues ASAP. Dues are still $20 for this year and include both the LEOFF retiree and their spouse. Send your check to:
PO Box 1805
Sumner, WA 98390
As Joe mentioned in his President’s message, we have formed a Bylaws Committee that is working on cleaning up the bylaws as well as proposing some changes to the existing bylaws. We are asking for input from members, if you have any thoughts or ideas for changes to the bylaws please let us know. The head of the committee and contact person is Ronnie Johnston. He can be reached at: email@example.com. The other committee members are Randy Houser, Mike Chaney, Dawn Morrow and Zbig Kasprzyk. The plans are to have all bylaw changes ready for a vote at this year’s convention in Kennewick.
LEOSA Carry Law Part One
For those of you that want to carry concealed weapons and are qualifying annually under LEOSA this article is a must read. Due to the length of the article I have broken it up into two parts. The second part will be published in the April Hot Sheet.
Does the LEOSA Carry Law Apply to You?
The law is not as cut-and-dried as you think. And much of what you hear about it is wrong.
Having served in the Marine Corps, I am familiar with the perils of scuttlebutt, an old Navy term for water cooler talk that now means rumors and gossip. In law enforcement, a lot of the recent scuttlebutt focuses on off-duty and retired officer carry laws, covering what you can and cannot do under the Law Enforcement Officers Safety Act (LEOSA).
Signed into law on July 22, 2004, by President George W. Bush and codified as 18 U.S.C. §§ 926B & C, LEOSA was intended to afford qualified active (QLEO) and qualified retired law enforcement officers (QRLEO) the privilege of carrying a concealed firearm in all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and all other U.S. possessions (except the Canal Zone) notwithstanding any other provision of the law of any state or political subdivision thereof.
LEOSA sounds pretty cut and dried. But unfortunately, it isn’t.
Vague language, confusing amendments, and a relative shortage of interpretive case law have allowed scuttlebutt and confusion to take over common sense application of its principles. And clarifying this law and what it means for law enforcement officers and retired law enforcement officers is a large part of my job as attorney for the National Rifle Association.
Initially intended to apply only to people who are QLEO and QRLEO, LEOSA was amended in both 2010 and 2013, opening the door to individuals separated after an aggregate of 10 years or more service as an active, reserve, auxiliary, or volunteer law enforcement officer, as well as military and DOD police and law enforcement officers. In addition, LEOSA now applies for active law enforcement officers of the Amtrak Police Department, Federal Reserve, and executive branch of the Federal Government, even if they lack statutory powers of arrest. However, because of a failure to remain consistent with the language used in both parts of the statute, those without arrest authority are unable to qualify upon separation.
While many agencies argue that only full-time officers qualify for the privileges afforded by LEOSA, the plain language of the statute and case law interpreting it prove otherwise.
In The People of the State of New York v. Arthur Rodriguez (Indictment # 2917/06 (NY. Sup. Ct. 2006), the New York Supreme Court found that Rodriguez, a Pennsylvania Constable (despite constables not being paid a salary by any municipal subdivision and working more like independent contractors paid on a per job basis), was in fact employed by the court and qualified for protection under LEOSA.
The U.S. Attorney for the District of Columbia took a similar position in an amicus brief filed in the Superior Court of D.C. case of District of Columbia v. Barbusin (Criminal No. 2012-CDC-00913). Barbusin, a special police officer of the District of Columbia Protective Services Police Department, asserted LEOSA protection following charges stemming from the alleged illegal possession of an assault weapon in the District. While the case was ultimately dismissed with prejudice due to Brady violations, the language of the government’s amicus brief is instructive on the issue. In the brief, the government notes that LEOSA’s definition of a “qualified law enforcement officer” is to be read broadly and that a defendant producing evidence supporting the performance of law enforcement activities such as those outlined in LEOSA satisfies “LEOSA’s broad definition of a ‘qualified law enforcement officer.'”
Another argument frequently raised by agencies hostile to LEOSA is that an individual must possess both law enforcement authority and agency authorization to carry a firearm while off duty in order to qualify for LEOSA. In one of the few criminal cases to examine this issue, People v. Booth, 862 N.Y.S.2d 767, (NY. Co. Ct. 2008), the defendant, a Coast Guard reservist, was charged with the crime of Criminal Possession of a Weapon in the Second Degree after a loaded handgun was found in a compartment underneath the seat of the vehicle in which he was traveling. Even though Booth was off duty at the time of his arrest and did not possess agency authority to carry while off duty, the Court found that Booth’s duties in the Coast Guard, which were defined “as the prevention, detection, [and] investigation of violations of the law” as well as his “authority and duty to arrest violators” and qualification to carry a firearm, despite its time and place restrictions, qualified him for LEOSA and exempted him from prosecution under New York State Law. Id. at 770.
Reliance on scuttlebutt surrounding qualification requirements and failing to recognize LEOSA’s preemptive authority over state law can be costly. In People of the State of California v. Jose Diaz, Case No. 7GF00494 (Cal. Sup. Ct. 2007), a Coast Guard boarding officer was arrested under Cal. Pen. Code § 12031(A)(1) for carrying a loaded firearm in his vehicle while in a public place. At the time of his arrest, Diaz was traveling with a cased firearm and loaded magazine in the back seat of his automobile. The charge was dismissed on oral motion by the prosecutor after it became evident to the City that LEOSA preempted Diaz’s prosecution. Diaz sued for a violation of his civil rights, Diaz v. City of San Fernando, et al., Case No. PC044139 (Cal. Sup. Ct. 2011). The civil suit settled outside of court, and the Settlement and Release Agreement entered into between Diaz and the City resulted in a $43,500 payment to Diaz and a redraft of the City’s police training standards on LEOSA.
James M. Baranowski is Associate Litigation Counsel at the NRA’s Institute for Legislative Action and a member of the International Law Enforcement Educators and Trainers Association (ILEETA). He is a decorated combat veteran, having served in the United States Marine Corps both as an officer with 1st Reconnaissance Battalion and as a judge advocate.
LEOFF I & LEOFF II Merger
Editor’s Note. The following article is from the LEOFF I Coalition December newsletter. This article pertains to both LEOFF I and LEOFF II members.
LEOFF 1 Coalition expects more attempts on our pension through mergers and pension raid to implement the operating budget. Only two of the state’s large retirement plans – Public Employees Retirement System (PERS) Plan 1, and Teachers Retirement System (TRS) Plan 1 – have an unfunded liability. In 1989, the Legislature enacted a policy that requires bringing those plans to fully funded status by the year 2024. Some legislators want YOU, LEOFF 1 retirees, to be the cash cow that pays for the TRS 1 retirement plans or use the LEOFF 1 surplus to balance the State Operating Budget. That’s irresponsible of the legislators. They should have funded these plans years ago.
The big question is who will go after LEOFF 1 with merger attempts in the 2018 legislative session. Merger of LEOFF 1 and LEOFF 2 would allow the Legislators to access potential surplus for the general fund expense and reduce the state contributions to LEOFF Plan 2. By merging the two systems the LEOFF 1 Law and Retirement Trust Fund is opened up, and there could be changes to the law. Legislators could add amendments, striking language, etc. This could be bad for LEOFF 1 members, putting your medical benefits and your annual Cost-of- Living-Adjustment (COLA) at risk. It is too dangerous to open the LEOFF 1 Plan law up. If the LEOFF Plan 1 were to become underfunded at any point, funding for the remaining liability would require new legislation and LEOFF Plan 1 could lose funding this way as well. We have been told once the LEOFF 1 Law is opened up, cities and counties will want the surplus money to be used to help pay your medical benefits they are currently obligated to pay. That is why we must tell the legislature, “No merger, and don’t raid our pension. Leave us alone,” to avoid losing your medical benefits and the LEOFF 1 funds that ensure your pensions.
Your pension and benefits have been under attack from numerous directions in recent years. LEOFF 1 surplus is the low-hanging fruit that everyone is after.
This leads to why LEOFF 1 Coalition and other LEOFF 1 groups do not publicize the funds they have on hand. We do not want legislators to know how much money we have. If the legislators knew how much money each group had, they would know whether we would be easy pickings in a lawsuit.
Most of you have probably heard of Initiative 940. The name of the initiative is De-Escalate Washington. It is very important to all of us to make sure we know what this initiative is all about. The full text of the initiative can be found at: http://www.deescalatewa.org/full_text_of_initiative. As of December 28th, the initiative sponsors have gathered 360,000 signatures that have been submitted to the state. The next step is for the legislature to approve the measure during the next session. If it is not approved it will then go to a vote in the November 2018 election. The legislature can also make changes to the initiative, which then will result in both measures going before the voters in November. As of now Representative, Morgan Irwin, a Seattle police officer, does not like what he sees with the initiative. He believes that it is just another attempt to go after cops. WSRDSPOA has joined WACOPS and LEOFF I Coalition in the fight against this initiative.
2018 YUMA PARTY
Come join us for the Old Cops annual Yuma party. For you golfers, they will be spending Monday, March 5th on the links. Please contact Lee Hahn, at 509-630-2072, if you intend to golf.
WHEN : Tuesday, March 6th at 1500 hrs. We will eat at 1700 hrs.
WHERE: 14828 E. 40th Pl. Yuma, AZ
FOOD: Chicken and Ham will be provided. Drinks are provided. Please bring a side dish, salad or a dessert to share.
AROUND THE BEAT
Sgt. Joseph Peter Frank. Retired King County Sgt. Joe Frank passed away in his sleep on Christmas night Joe was 76 years old. Joe started his deputy career in the King County Jail. He worked for King County Sheriff’s Office for 33 years, from 1966-1999, Joe is survived by his wife of 50 years, Georgia, and their three children, Bryan, Matt and Reiko, and their two grandsons. Services for Joe will be held on Friday, January 19th at 1PM at St. Anthony Parish. The address is 416 S. 4th ST Renton, WA 98057.
Ofc. Robert S. Phillips. Bob passed away November 11, 2017. He was born 11/1/1932. Bob started his law enforcement career as a reserve Deputy for the King County Sheriff’s Office. He then became a full time officer with the Auburn Police department in 1962. Bob retired after 20 years. He is survived by his wife Janet. They have four children and eight grandchildren. A Memorial Celebration of Life will be held at the Auburn Community Center on January 21st from Noon to 3PM. The address is 910 9th St. SE Auburn, WA.
Sheriff William H. “Bill” Wiester. Bill passed away September 21, 2017 at the age of 91. In 1945 Bill married ‘the love of his life’, Jeanne Olson. They were married for 61 years and had three children. Bill spent most of his law enforcement career with the Lewis County Sheriff’s Office. He was elected Sheriff for Lewis County in 1967 and served in that capacity for 20 years.
Deputy Tim Dougherty. Tim passed away in December after losing his battle with cancer. Tim was with the King County Sherriff’s Office from 1990 to 1996, he then transferred to Federal Way PD as a Lieutenant and retired in 2000. Tim is survived by his sons, Trent and Ryan and daughter Jenna.
Debbie Pritchard. Debbie passed away on November 3, 2017. For the last two months of her life, Debbie was battling a rare form of cancer. Debbie is the wife of retired King County Deputy Tom Pritchard; they were married for 34 years. Debbie is survived by Tom, their children Lavender and TG, three grandkids and six great-grand kids.
WSP Sgt. Roger Furr. Roger passed away November 24, 2017 at the age of 72. In January of 1970, Roger started his WSP career as a cadet. He became a commissioned officer in November of 1971. Roger was promoted to Sgt. in 1983 and retired in December of 1997. Roger returned to the State Patrol December of 1998 as a VIN Inspector. In 2001, his position changed to Commercial Vehicle Officer 1. In July of 2007, Roger retired from WSP for the second time. His wife Linda, sons Jason and Aaron and several grandchildren survive him.
Trooper Richard L. Schroder. Richard passed away peacefully on December 24, 2017. Richard served in the US Army from November 1954 to October 1956. He was commissioned as an officer for WSP in September of 1957 after which he was assigned to Yakima. Richard and his wife Pat celebrated their 59th wedding anniversary on September 7th, 2017. He is survived by Pat, their two sons Jeff and Todd.
Trooper Roy Kennedy. Roy passed away in November after a battle with cancer. His son, Randy Kennedy, is also a retired Trooper.
WSP Sgt. Donald C. Coughell. Don passed away on September 21, 2017, in Mesa, Arizona. Donald started his career with WSP in July 1963. He was promoted to Sgt. on November 1, 1973. After 29+ years of service Donald retired in January 1993. Donald is survived by his wife Claudette and sons Robert and Steven.
Welcome to our newest members.
Rick & Pamela Ferrel King County Sheriff’s Office
Rick is LEOFF I and retired in 1999.
Joe Dawson, President: firstname.lastname@example.org (425) 392-4361 (C) (206) 817-8376
Ralph Waddle, Vice President West Side: email@example.com (253) 863-9188 (C) (243) 241-0729
Don McCabe, Vice President East Side & Website Administrator: firstname.lastname@example.org (509) 951-0399
Stan Reider, Secretary: email@example.com (509) 725-3721 (C) 509 721-0765
Tina Waddle, Treasurer: firstname.lastname@example.org (253) 863-9188 (C)
Ronnie Johnston, West Side Executive Board Member: email@example.com (206) 595-6819
Doug Partlow, West Side Executive Board Member: firstname.lastname@example.org (509) 698-4648 (C) (509) 480-1017
Mike Chaney, West Side Executive Board Member: email@example.com (206) 926-0760 (C) (253) 926-0760
Bob McQueen, East Side Executive Board Member: firstname.lastname@example.org (425) 445-2997
Diane Erickson, East Side Executive Board Member: email@example.com (509) 255-9156 (C) (509) 991-8259
Dennis Hooper, East Side Executive Board Member: firstname.lastname@example.org (509) 255-9156 (C) (509) 496-0110
Zbig Kasprzyk, Hot Sheet Editor: email@example.com (206) 818-7476
Washington State Retired Deputy Sheriffs & Police Officers Association
APPLICATION FOR MEMBERSHIP
Today’s Date _________________
NAME _________________________ SPOUSE ______________________________
ADDRESS ___________________CITY _______________STATE _____ZIP_______
Phone (___)____-______ Retired from (Dept) ________________________________
Retirement Date _____LEOFF1 _ LEOFF 2 _ Surviving Spouse _ Associate Member Hobbies, Activities, Comments about family etc:
E-mail address ______________________________________________
I agree ____ to add my e-mail address to the association directory which list only Name, e-mail and Dept.
Sponsored by: _________________________________________________
Renewal _____ New member _____ Annual Dues payment: ___$20.00 – Payable January 1st each year.
____Associate Member: $20.00 NOTE – Associate members must be approved by the Executive Board
Make checks payable to W.S.R.D.S.P.O.A. Mail to: P.O. Box 1805 Sumner, WA 98390
Questions? Send e-mail to firstname.lastname@example.org or a letter to the above address, or call
509 951-0399 (we will return your call)