OFFICERS ASSOCIATION
International
Member of
Welcome
to the
Should
you find any materials missing from this handbook, please notify us as soon
possible. Please contact us should your address, phone number or email address
change. If you have any questions concerning your membership or any benefits/
services provided, please contact us as well. We can be reached at 274-9595 or
email us at webmaster@greensboropoa.org.
The
GPOA holds its membership meetings on the first Thursday of every month at
1730hrs. All members and prospective members are invited to attend. The monthly
meeting is held at the GPOA office:
Our
office is located in the Communication Workers of America Building located on
the NW corner of
Please
make note of our current Executive Officers/ Board of Directors. They are
available for advice and counseling on any matter.
Eddy Summers- President
Scott Kelly- Vice President/
Legislative Director
Chris Schultheis- Secretary/
Treasurer
Gavin Naquin- Information
Director
Jeff Godfrey
Jerry Liles
Paul McDonald
Mike Montalvo
Mike Rakes
Policy Governing
Representation of Members
The Greensboro Police Officers Association (GPOA), in order
to effectively and consistently represent its members in job-related disputes
involving the City of
1. Objectives
of Policy
1.1 The objectives of the GPOA’s Policy Governing Representation of Members include the following:
a. To
provide fair representation for all members in any grievance procedures
available under the rules and regulations governing the Greensboro Police
Department and/or the City of
b. To ensure that legal counsel is available on a 24-hour basis to consult with and advise members of the GPOA who have been involved in an officer-involved use of deadly force or situation of grave importance;
c. To
assist members involved in disputes which directly involve their official
position, compensation or benefits, terms and conditions of employment, or the
performance of official duties for the City of
1.2 This policy is solely to provide guidance to the GPOA’s Board of Directors. Any decision regarding legal services and representation ultimately is within the discretion of the Board of Directors. This policy does not create a contract or a property right benefiting an individual.
2.0 Grievance
Representation
2.1 The GPOA will represent its members in
grievances and other proceedings available under the rules and regulations of
the Greensboro Police Department and the City of
2.2 The GPOA will provide representation in such proceedings to any member provided that:
a. The grievant has a high probability of prevailing; or
b. The matter is objectively of great importance to the grievant with a reasonable chance of prevailing; or
c. The matter is of great concern to a significant number of GPOA members.
2.3 GPOA Executive Officers, Members of the Board of Directors, legal counsel or other representative employed by the GPOA, will provide representation. The choice to use a representative, legal counsel, Executive Officer or Member of the Board of Directors of the GPOA is solely within the discretion of the Board of Directors for the GPOA. A dollar amount cap has been established for cases in District Court, as well as cases bound over to Superior Court.
2.4 The
GPOA will not provide and pay for an attorney to aid any member Greensboro Police
Department and City of
3.0 Other Civil and Criminal Actions
3.1 Generally, the Board of Directors for the GPOA
will not authorize any assistance for the filing or prosecution of civil
actions by a member due to the cost of such litigation. However, the GPOA’s
Board of Directors may authorize assistance to members filing and prosecuting
civil actions in disputes, which directly involve their official positions,
compensation or benefits, terms and conditions of employment, or the
performance of official duties for the City of
3.2 In determining whether to assist a member pursuant to this paragraph, and the extent to which such member should be assisted, the Board of Directors of the GPOA may consider all relevant factors, including the following:
a. The nature of the act which led to the need of legal services;
b. The probability that the member will prevail;
c. The interest of the membership with respect to the matter being litigated;
d. The potential cost of the legal services;
e. The alternative sources of legal services available to the members;
f. The fairness, under the circumstances of the case, of the member having to bear all or part of the cost of legal services; and
g. The impact of the decision on the interest of the membership.
3.3 The GPOA will employ legal counsel to be available for telephone consultations 24 hours per day with any member of the GPOA who has been involved in an officer-involved use of deadly force or situation of grave importance. The GPOA will provide the name or names and telephone numbers of the legal counsel who can be contacted by members in such situations.
Please use the following procedures to contact an attorney regarding an officer-involved use of deadly force, a situation of grave importance or other serious job- related incident.
The GPOA has entered into
an agreement with the law firm of Moss, Mason and Hill to provide advice and
consultation with GPOA members who have been involved in an officer-involved use of deadly force, a
situation of grave importance or other serious job- related incident. If you or another member has been involved in such
an incident, you should obtain advice and help by contacting either:
Moss, Mason and Hill
(336) 370-1282
During regular
office hours
William L. Hill
(336) 370-1282 during regular office hours
(336) 339-4777 or (336) 286-9636 after hours
Matthew L. Mason
(336) 370-1282 during regular office hours
(336) 339-5776 or (336) 545-3121 after hours
In calling either Mr. Hill or Mr. Mason for an emergency, be sure to identify yourself as member of the GPOA to the receptionist or whoever may answer the phone. Tell them it is an emergency situation and it is essential that you talk with an attorney as soon as possible. If that person says that Mr. Hill or Mr. Mason is not available, leave your name and a contact phone number and immediately contact Eddy Summers at (336) 913-2939 or (336) 339-4694 or Eddy’s home number. If you cannot make contact with anyone, immediately contact Scott Kelly (336) 913-6389/ Scott’s home number or Chris Schultheis (336) 337-9568/ Chris’ home number.
Implementing Garrity:
Accused of Wrong Doing
By Michael T. Leibig, IUPA
General Counsel
One of the most frustrating problems facing organizations and individuals in the defense of law enforcement officers against charges of wrong doing is the fact that basic rights once established are rarely adhered to by police management. Custom and practice, combined with what is nearly a presumption of guilt within many police departments that “where there is smoke there is fire,” make many in law enforcement accept the idea that most cops charged with misconduct are likely guilty of something. All of the most basic protections of due process involved in protecting citizens accused of misconduct from over reaching governmental imposed punishment are regularly violated by police departments charging, investigating and punishing. The IUPA recognizes the importance of police organizations and those charged with defending accused law enforcement, acting to make the basic principles set forth in Cleveland Board of Ed. v. Loudermill, a reality. Loudermill requires that prior to the imposition of any discipline which could reduce a non- probationary law enforcement officer’s pay or benefits or due injury to any law enforcement officers reputation or future employability, the officer must be informed of the charges against him; be given access to the evidence supporting the charges; have a right to defend himself; and have a right to a full post- discipline process hearing. These rights are often ignored, but must be more rigorously enforced.
Like the situation with regard to full due process
protection of officers charged with misconduct, the Supreme Court’s
constitutional rules applicable to the investigation and interrogation of
officers charged with misconduct have been more often breached than followed. Garrity v.
1) If a law enforcement officer is not provided with immunity, any statement given under the threat of adverse personnel action is unconstitutionally coerced (Garrity holding);
2) If a law enforcement officer is not provided with immunity, the taking or threatening to take any adverse personnel action in response to the assertion of the privilege against self incrimination has an unconstitutional chilling effect upon the privilege (Gardner holding);
3) If
a law enforcement officer is granted immunity, but nonetheless refused to
answer questions specifically, directly and narrowly related to official
duties, the officer may be dismissed (
4) If a law enforcement officer is granted immunity and answers questions specifically, directly and narrowly related to official duties the officer may be dismissed if the answers provide cause for dismissal (implicit in Garrity).
The promises of Garrity and Gardner were never fully realized for law enforcement officers. Although the blatant contravention of Garrity and Gardner was remedied, subtle violations were not. In situations in which courts were confronted with constitutional, statutory, or regulatory provisions similar to those in Gardner or Garrity, the provisions were struck down quickly. However, once across-the-board violations were remedied, unconstitutional actions continued that were more difficult to detect and prove. System-wide, explicit schemes sanctioning punitive personnel action for the assertion of the privilege against compelled self-incrimination were replaced by incident-by-incident threats, either expressed or implied, and grants of immunity were rare. Law enforcement officers still face the constitutionally impermissible dilemma of attempting to preserve a career by relinquishing the privilege, as in Garrity, or preserving it at the cost of a career, as in Gardner. Courts confronted with these situations frequently reflected the layman’s attitude toward those who “hide behind” the Fifth Amendment. Some courts have ruled against law enforcement officers without invoking or misapplying Garrity and Gardner, resting on grounds such as inapplicability of the Fifth Amendment because the officer did not fear a criminal prosecution, because the officer failed to assert the Fifth Amendment privilege, or a Gardner chill. Many more courts either misunderstand or perhaps even evade, the immunity requirement, or both.
Routine internal affairs procedures which involve the use of a simple form “waiving” all constitutional rights through a commitment not to prosecute; the use of mandatory polygraphs followed by discipline based on truthfulness or non-cooperation completely disconnected from the originally charged misconduct; discharges and major suspensions based on nothing more than statements given by officers under threat of termination; no corroboration, no additional or independent evidence; and refusal of requests for counsel or non-attorney representation, the presence of a witness during interrogation, extended interrogation… all of these are common.
A tactic must be followed if the principles of Garrity and
Gardner are to become reality. Organizations and individuals who represent
officers charged with misconduct must press aggressively for full
implementation of all of the Garrity and Gardner rules as well as, a full
implementation of all of the due process implications of Loudermill.
By Eddy Summers,
President,
Following
a serious incident, either an Officer- involved shooting, in-custody death or
vehicle pursuit ending in serious injury or death, there will be two types of
investigations and interviews. The first type will be a criminal and the second
type will be an internal.
Officers
being interviewed during the course of a criminal investigation may choose to
and refuse to make a statement invoking your rights afforded under the Fifth
and Fourteenth Amendments of the U.S. Constitution.
I
cannot stress it enough. In criminal investigations, you have the right to
remain silent and not answer questions, either as a witness or suspect. The
GPOA Legal Counsel recommends you not make a statement, either as a witness or
suspect, until after you talk with counsel. Not that there have been problems.
It’s just a matter of self-protection and establishing your Constitutional
Rights.
In
crime scene investigations you are told to secure a larger area that needed. It
is easier to give up areas not needed, than to have to later expand your crime
scene. Same for making a statement.
You
can always make a statement at a later, more comfortable time when you have had
time to reflect on the incident. It’s easier than having to explain a statement
you made while filled with the many emotions that occur following such
incidents.
The
recommendation is to keep your mouth shut to all, until after you have talked
to legal counsel. No exceptions. Tell the criminal investigator “I wish to talk
to my attorney before making a statement.” It’s that simple. No more questions.
The investigator will understand.
In
a recent officer-involved shooting, 8 of the 9 response team/ cover team
members told criminal investigators on the night of the incident, “I want to
make a statement at a later time, after I talk to my attorney.” No hard
feelings, just doing business. Within a week, all of those officers had made a
statement to the investigator.
They
weren’t ducking an interview. They were simply giving a statement when they
were more comfortable and have had time to reflect on the events that have
occurred.
Witness
officers, as well as suspect officers have a right to refuse to make a
statement during a criminal investigation. If a brother or sister officer is in
this type of incident, get on the phone with GPOA Legal Counsel or me for them
as quickly as possible. They would for you.
For
administrative/ internal investigations, if you know you are going to be
interviewed ahead of time, call GPOA’s Legal Counsel. If not, always be
cooperative and truthful. Then call the GPOA Legal Counsel when the interview
is complete.
To determine which type of interview it is, simply ask the person interviewing you which type of investigation they are conducting.
Mr.
Michael Leibig recommends that should an officer be required to give a
statement during an internal/ administrative investigation, she or he should
always;
1) Ask the interviewer what
kind of investigation is being conducted. If criminal, invoke your right to
counsel. Decline to give a statement. Do not succumb to pressure to give a
statement even if the Chief of Police or other Command Staff request you to do
so. If it is an internal interview, then
2) Ask the interviewer if they
are ordering the officer to make a statement and what are the consequences should
they refuse to make the statement.
3) Request the identity of the
complainant. Request to see all documents relative to the charges. Read these
documents for content regarding facts, truthfulness and accuracy. Take notes to
address any discrepancies noted.
4) Ask whether you are the
subject of the investigation or a witness and inquire as to the specific nature
of the charges.
5) Answer all questions
honestly. Be brief in your answers. Do not guess, if unsure of an answer, you
may state, “I may need to check my records.” “I am not sure.” “I do not
recall.” Always be honest in your response, but do not volunteer information.
In internal or administrative interviews and criminal matters, you should
refuse to submit to a polygraph without consulting with your attorney.
6) If ordered to give a
statement without your counsel present, state or write this at the beginning of
your statement.
On
(date & time) at (place) I was ordered to submit this statement by (name
& rank). I give this statement at his/ her order as a condition of
employment. I have no alternative but to abide by this order or face job
forfeiture or discipline
It
is my belief and understanding that the department requires this statement
solely and exclusively for internal purposes and will not release it to any
other agency. It is my further belief that this statement will not and cannot
be used against me in any subsequent proceedings. I authorize the release of
this report to my attorney or designated union representative.
I
retain the right to amend or change this statement upon reflection to correct
any unintended mistake without subjecting myself to a charge of untruthfulness.
For
any and all other purposes, I hereby reserve my Constitutional right to remain
silent under the Fifth and Fourteenth Amendment to the United States
Constitution and any other rights prescribed by law. I rely specifically upon
the protection afforded me under the doctrines set forth in Garrity and Spevack
should this statement be used for any other purpose of whatsoever kind or
description.
*
Some excerpts of this article were taken from previous articles by Mr. Michael
Leibig, General Counsel for IUPA
New members
As a new member, you will receive a packet containing information on new benefits for GPOA members, a membership card with important contact information, a Greensboro Police Officers Association t-shirt and a S&W knife. Be careful, the knife is extremely sharp.
New Member Sponsorship Rewards
On the top right of each GPOA membership application is a space for the sponsor’s name. When you sponsor a new member, you receive points for reward incentives. Each new member is worth one point. New members can be their own sponsor and will receive 1 point accordingly. Should you choose to cash in your points, you must contact either Chris Schultheis or Eddy Summers.
1 Point = Your choice of a S&W knife or GPOA
t-shirt
2 Points = Your choice of a Gerber Multi- Tool or Pocket Tape Recorder
3 Points = $150 check
The Police Officer’s Ball
Each year, the Greensboro Police Officers Association hosts the Police Officer’s Ball. The event is free for members and their guest. The event is semi-formal and is professionally catered. Music is provided for your entertainment and dancing. During the Ball, the annual GPOA awards are presented for Police Officer of the Year, Civilian Employee of the Year, Member of the Year, Supervisor of the Year and Citizen of the Year.
Member Retirement Gift
The
Greensboro Police Officers Association established the Member Retirement Gift
fund in December 1997. The fund was established to provide members with a
one-time monetary gift payable upon retirement from the Greensboro Police
Department.
This benefit is funded by placing three dollars ($3) of each member’s monthly dues into an account. The guaranteed gift amount is one thousand eighty dollars ($1080). This amount is equal to $3 per month for 30 years of membership ($3 x 12mos x 30yrs).
All
members collecting the gift must be a member in good standing at the time of
retirement. You must be a member of the GPOA for at least 10 years prior to
retirement to be eligible for the Member Retirement Gift. Any break in
membership status during the ten years prior to retirement will result in you
becoming ineligible for the gift. Current members who joined prior to November 1997, but
have less than ten years of membership prior to retirement, are grand fathered
in.
You must notify the GPOA Secretary/ Treasurer of your impending retirement to receive this benefit.
You must always identify yourself as a GPOA member to
receive these benefits
Calibers Indoor
As
a member of the GPOA, you receive a FREE membership to
Members
must purchase their targets from Calibers. Eyes and ears are available, as well
as a wide selection of handguns for rent. One free box (50 rounds) of practice
ammunition is available per member per month. It MUST be used on site at the
time of your visit. The ammunition is of the same caliber and grain as you
carry on the street. No exchanges allowed.
Calibers has (12) 25 yard indoor shooting lanes each equipped with a motorized target retrieval system.
Calibers
6910 Downwind Rd.
(336) 668-3232
Confidential Professional
Counseling
In
an effort to provide increased benefits, professional counseling is now
available to all GPOA members and their families. This service is primarily
provided by Catherine Dowda, M.Ed., LPC, NCC, who is
in private practice with Triad Counseling and Clinical Services, LLC. Cathy was
previously employed by Family and Children’s Service and spent six years
working in the Criminal Investigation Division of the Greensboro Police
Department providing counseling for victims of serious personal crimes. Her
current special area of interest includes relationship concerns, self-esteem,
communication, issues around anger and intimacy, grief work, anxiety,
depression and adjustment disorders. Triad Counseling and Clinical Services,
LLC has other therapists who have varied areas of expertise and are also
available to GPOA members as the need arises.
For
more information about these counseling services, you may contact any GPOA
Executive Officer or member of the Board of Directors. These services are
confidential and billing is handled through a prearranged system, which will be
explained to you on request. Please contact an Executive Officer, a member of
the Board of Directors or Cathy Dowda with any questions or concerns.
Triad Counseling and Clinical Services, LLC
(336) 272-8090
Tax Preparation and Consulting
Members of the GPOA can utilize the discounted services of tax preparation through Lewis Accounting. By using this service, members will also receive counseling concerning allowable tax deductions for work-related expenses. Some, you many have not considered before. Please contact
Neil Lewis
Lewis Accounting
(336) 274-1118
Investment and Retirement Planning
Members can obtain FREE financial investment and retirement planning through Scott and Stringfellow, Inc. You are never charged for a plan and you can have your plan updated as often as you wish. Please contact:
Scott & Stringfellow Inc.
(336) 378-1824
Liberty Mutual Group Savings
Plus
Members
can get discounted insurance coverage through Liberty Mutual Group Savings Plus
program. Group Savings Plus provides you with comprehensive coverage on auto,
home and other personal insurance policies. In addition, the program offers:
If
you would like to enroll in Liberty Mutual Group Savings Plus, please contact
Stuart L. Johnson
(336) 668-2389
.
Vision One EyeCare Program
The GPOA offers to its members the services of discounted eye care through a partnership with Cole Managed Vision. Members and their families can receive up to 60% on frames, 45% on lens, 20% on contact lenses and 10% on disposable lenses. Members should have received information on this new program. If you have not received an information packet, please contact the GPOA office.
Union Plus
GPOA
members can also take advantage of Union Plus
Privileges Program offered through the International Union of Police
Associations and the AFL-CIO. The program offers:
For more information on these and other programs visit www.unionplus.org
Many
times I hear, “I’m a member of this police organization or that police
organization. Why should I join the GPOA?”
Here’s
why!
In
1987, a group of officers believed street officers were not getting a fair
shake from the Department’s Administration and City and felt they would do
better if they banded together.
They
examined all of the police organizations to determine what organization could
offer the greatest help to them. They looked at the Police Benevolent
Association, the Fraternal Order of Police, the International Brotherhood of
Police Officers, and lastly the International Union of Police Associations.
After
much thought and debate, it was determined that by joining the International
Union of Police Associations and utilizing the AFL-CIO’s strength in numbers,
the group could be the most effective. So, IUPA it was.
The
Greensboro Police Officers Association Local #9 was chartered and membership
quickly rose to just over 100 officers or roughly 25%. There have been fights
and representations along the way since then.
The
GPOA has and always will support and represent the working women and men in
The
GPOA has represented more individual employees before the Chief of Police and
City Administration than any other police organization in
We
are the largest IUPA Local in
You
know the GPOA leaders personally and can call on them at any time. It’s not
that way with other organizations.
Some prospective members have said they are turned off to the GPOA because of our association with the AFL-CIO. In many other states, the PBA, FOP and IBPO negotiate contracts for employees just like the AFL-CIO does for regular employees. They offer the same support for national candidates as the AFL-CIO does.
By
our being associated with the AFL-CIO, we can call on the local Labor Body to
support us in our goals. And they can produce people to stand with us. Other
police organizations cannot.
Whatever
organization you choose to join, choose one that will be there when you need
them. One that offers legal assistance when you need it.
One that looks out for you as an individual and meets yours needs the most.
That’s why back in 1987 the Greensboro Police Officers Association chose the
International Union of Police Associations.