CPOA California Peace Officer Spring 2011 by Association Outsource Services, Inc.

PeaceOfficer California

Spring 2011

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Continuous Education Matters | The Ongoing Crisis: Officer-Involved Collisions

table of contents

2010-2011 Executive Committee President

Jim McDonnell Chief Long Beach Police Department jim.mcdonnell@longbeach.gov

1st Vice President

Sandra Spagnoli Chief San Leandro Police Department sspagnoli@sanleandro.org

2nd Vice President

Rick Braziel Chief Sacramento Police Department rbraziel@pd.cityofsacramento.org

3rd Vice President

Rich Lucero Captain Fremont Police Department rlucero@ci.fremont.ca.us

4th Vice President

Mark Yokoyama Chief Cypress Police Department myokoyama@ci.cypress.ca.us

Treasurer

David McGill Lieutenant Los Angeles Police Department mcgilld@lapd.lacity.org

Immediate Past President

John Standish Retired Chief California Department of Insurance ipp@cpoa.org

FEATURES

Legislative Update

A Look Back at CPOA’s Past Presidents

Continuous Education Matters: Is There Organizational Support?

The Ongoing Crisis: Officer-Involved Collisions

California Police Studies at Cambridge University

CPOA Memorial Run Set for May

CPOA Annual Leadership Summit

DEPARTMENTS

President’s Message

Executive Director’s Message

Promotions and Retirements

General Counsel

Legal Services Program News

Advertiser Index

Publisher

California Peace Officers’ Association 555 Capitol Mall, Suite 1495 Sacramento, CA 95814 (916) 263-0541 Fax: (916) 520-2277 E-mail: cpoa@cpoa.org www.cpoa.org

Managing Editor

Tricia Schomus (916) 263-0541 tschomus@cpoa.org

Chairs, Regional Advisory Council JP Badel Captain Lodi Police Department jpbadel@pd.lodi.gov

Steve Porter Captain Murrieta Police Department sporter@murrieta.org

Parliamentarian

Edward Pape Lieutenant Los Angeles Police Department 31313@lapd.lacity.org

Executive Director Carol Leveroni, CAE cleveroni@cpoa.org

Opinions expressed are those of the authors or persons quoted and are not necessarily those of the CPOA state board, appointees, staff and its membership. The publication of any advertisement by CPO or the California Peace Officers’ Association is neither an endorsement of the advertiser nor of the products or services advertised. Neither CPO nor CPOA are responsible for any claims made in an advertisement published in California Peace Officer. © California Peace Officers’ Association. All right reserved. The contents of this publication may not be reproduced, in whole or in part, without prior written consent of the publisher. The California Peace Officers’ Association is committed to developing progressive leadership for the California law enforcement community. This is accomplished by organizational networking, professional development, technology advancement and public policy advocacy. The purpose of California Peace Officer is to inform and educate CPOA members; to promote professional development; to generate interest in association activities and to foster a cohesive and involved membership.

Editor

Lisa Kopochinski (916) 481-0265 lisakop@sbcglobal.net

Advertising Manager

Cici Trino Association Outsource Services (916) 990-9999 Fax: (916) 990-9991 cicit@aosinc.biz

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California Peace Officer | Spring 2011 | 3

president’s message

Don’t Take Yourself Too Seriously

A By Jim McDonnell, Chief of Police Long Beach Police Department

s my term as President of CPOA comes to a close, I would like to take this opportunity to say, “thank you” to the more than 3,000 members of this great organization who afforded me the opportunity to lead them this past year. As I reflect back on this past year, I am grateful for having been able to work alongside so many law enforcement leaders who continually work hard each day to ensure that the public safety needs of the 37 million residents of this state are being addressed. Throughout this past year, I have tried to use the President’s Message to provide CPOA members with various viewpoints in terms of leadership. In today’s dynamic and uncertain times, law enforcement is relied upon to help find solutions to many of the complex issues facing society. This will require all members of our profession to take a leadership role in society—a role we must take seriously—but in doing so, we must never take ourselves too seriously. Throughout the course of my life, especially these past 30 years in law enforcement, I have learned that there are few things more helpful in dealing with people than a sense of humor. Now, a sense of humor doesn’t necessarily mean a knack for telling jokes. Rather, it means the ability to take some setbacks and still see that the world has not come to an end. If you can keep from taking a situation—or yourself—too seriously, you’ll get much better results. There are always things in any situation that you will find amusing, so enjoy the experience. It goes without saying that a positive leader invariably wins more cooperation than a negative one. As a leader, if all you do in a crisis is add to the turmoil and confusion, people will soon lose respect for your abilities under pressure. However, if you can maintain your sense of proportion and humor when the world seems to be falling apart, those who rely on you will show their appreciation through better work and greater loyalty; thus, building the team that is needed to accomplish our daily missions. Yes, some problems are serious and you have to deal with them appropriately. Keep any problem in perspective and communicate effectively with those around you. We are living through some very challenging times in our nation’s history. Your leadership has never been so important. Step away from the crowd and provide guidance, direction and inspiration. Remember that we are all on the same team and none of us can be effective on our own. Look out for the safety and other needs of your team and you will build a more cohesive and effective group. You are the very best that this profession has to offer and I am proud to be able to continue to work with you. In closing, I want to wish Chief Sandra Spagnoli and the entire CPOA board and staff my very best wishes for the coming year and, to you, the members of CPOA, my sincerest thank you for your participation and ongoing support of CPOA’s mission. r

| Spring 2011 | California Peace Officer

executive director’s message

Creative Leadership

By Carol Leveroni, CAE

recently returned from my annual executive-level seminar with other association executives where we discussed the issue of creative leadership. In light of the challenges many executive leaders have faced the past several years—from decreased staffing to simply new situations that emerged from the new economic landscape—the concept of creative leadership was one that we all found timely and necessary. Given the cuts to budgets and staffing that the law enforcement profession has faced, I’d argue that it is a topic that could be useful to you too. While sometimes these seminars can end up being a bit too conceptual, this one was entitled, “Cooking Up Leadership” and touched on the concept of creative leadership in theory, but also in practice with instructors from the Disney Institute providing successful case studies of Disney best practices in action. Following this day of discussion, the executives were divided into groups and given a task: cooking a three-course lunch for one of the other groups. The facilitator was strategic in how she divided the groups (remember all executives) into a hierarchy from Chef du cuisine (chief of kitchen) down to Garcon du cuisine (kitchen boy). It was a fascinating and eye-opening experience and, once complete, provided an opportunity for discussion on how things went and what could have been done to make the process better. What did I learn? First, I learned that we are blessed to be surrounded by other leaders. The ability to collaborate our way to a better outcome should be taken advantage of! When everyone takes ownership of a task, and is allowed to contribute to the outcome, it is bound to be far better than it would have been simply following someone’s direction. Secondly, I learned that even though we thought we had done a good job, we missed all kinds of opportunities. The opportunity to help coach some of the executives, who were either uncomfortable in their designated roles, or simply uncomfortable because they didn’t trust their cooking skills. What might we have gained if we helped bring along that future leader? The opportunity to further collaborate amongst the other cooking teams. No one told us that each team had to be responsible for all three courses. What could we have gained if each team broke off their “salad squad” and those specialists perfected all the salads instead of each team having their own version of the salad? It makes you think. I also reflected on the inherent opportunity that CPOA provides each member. Our membership is made up of current and future leaders, each offering skills and experience that, together, can enhance outcomes—to your agency specifically, to public safety in general, and to you, personally. I encourage you to take advantage of this inherent opportunity and to look for opportunities to engage in creative leadership. To that end, this issue of CPO is about professional development. I hope that it will encourage you to attend the May 25-27 Leadership Summit in San Diego. The program offers amazing opportunities to both hear from top notch speakers but to also engage in the networking that attendees always tell us is the highlight of the Summit. Additionally, CPOA will be installing its new President, Chief Sandra Spagnoli of the San Leandro Police Department, and the 2011-2012 Board of Directors. Finally, I’d like to thank Chief Jim McDonnell for his year as 2010-11 President. He served during a hot election year and significant legislative challenges. His leadership kept CPOA steady and I have appreciated the opportunity to work with such an amazing leader. r

California Peace Officer | Spring 2011 | 5

legislative update

Legislative Update By Jennifer Wada

Jennifer Wada is an attorney, legislative advocate, and chief executive officer of The W Group, LLC. She offers her clients a blend of strong advocacy, relationships at all levels of government, and a wealth of legislative and regulatory knowledge. She can be reached at jennifer@thewgroupspa.com.

ever before has California faced such a severe budget deficit. The state’s top analyst has tagged the deficit at $25.4 billion. It is projected that $20 billion in deficits are expected to continue into 2015-2016 unless real solutions are implemented to stop the bleeding. In Governor Brown’s state of the state address, he declared, “California faces a crisis that is real and unprecedented. Each of us will have to struggle with our conscience and our constituencies as we hammer out a sensible plan to put our state on a sound fiscal footing, honestly balance our budget and position California to regain its historic momentum.” It seems that this year, more than any other, there is a feeling that there is no other choice but to bite the bullet and make real systematic change. It is a guarantee that partisan debates will occur and the political games will abound; however, there is also a universal recognition of the need for change. The Governor’s plan consists of major realignment reforms tied to a reliance on funding that would come from voter approval of a ballot measure to extend approximately $12 billion in taxes. While Democrats are using the Governor’s plan as a template for their budget solutions, many Republicans have vowed not to vote for any measure that would allow the tax extension measure to be placed on the ballot. Since the ballot measure is a major component of the Governor’s proposal, the state could be looking at even deeper cuts should the ballot measure not make it to the ballot or should voters reject it. While the proposal includes realignment in a number of areas in government, public safety is a significant portion. The Governor’s original

| Spring 2011 | California Peace Officer

budget mandated that all nonsex, nonserious and nonviolent prisoners and adult parolees be sent to the county level. The proposal also eliminated the Division of Juvenile Justice by 2014 with youth offenders becoming a local responsibility. The public safety community had serious concerns about the ability of local governments to house the large influx of prisoners. To the extent capacity fell short, prisoners would be released onto the streets and the safety of all Californians would be compromised. For months now, the law enforcement coalition has been working closely with the Governor and the California Department of Corrections and Rehabilitation to make the proposal workable. We have come a long way from where we started. For instance, the pool of low-level offenders that would now be shifted to the county has been narrowed and the list now excludes certain crimes from realignment, provides more funding for offenders sentenced to more than three years and allows local jurisdictions to contract with the state for the cost of housing in a state facility. Other revisions include leaving third-striker parolees, parolees with a current conviction for a serious or violent crime or parolees who are classified as a high risk offender on state run parole. Lastly, the proposal no longer eliminates the Division of Juvenile Justice and allows counties to contract back to the state to house these violent youths. The policy has improved, but the golden question is still whether adequate funding will be provided and whether it would be tied to the reforms. Public safety advocates had significant concerns about the level of funding, securing ongoing and permanent funding, and ensuring our pot of money could not be siphoned

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California Peace Officer | Spring 2011 | 7

What all of this has proved is that kicking the can down the road and using various budget shell games has not served California well.

off to other local government uses. The administration has refined the proposal to secure that funding will be provided beyond the five years of tax extensions, assuming the extensions are approved by voters. It also includes parameters around the money to ensure it is not siphoned off and maintenance of effort language to ensure that local governments could not pull current monies from law enforcement and replace it with the tax extension funding. Work still needs to be done to ensure that the amount of funding per offender is accurate and adequate. The Legislature is now holding budget committee hearings daily to work through the details of the budget proposal. In an unprecedented move, the Governor appeared before the Budget Conference Committee to advocate for his plan. He stressed the need for Republicans to put forward solutions of their own if they disagreed with what he and the Democrats are putting on the table. The Legislature will continue to meet on the budget over the coming weeks. Time is of the essence as a budget agreement must be reached in early March in order to meet the deadline to get the tax extension measure placed on the June ballot.

Amidst all of the negotiations, there still remain the looming questions of whether the requisite number of Republicans will vote to place the tax extension package on the ballot and, if so, whether voters will approve it. If both of these events do not occur, the state will face the deepest cuts it has seen to date. The polling shows that if the election were held today, the measure would be rejected. The administration is relying on the notion that by the time the June election arrives, Californians will come to understand that the cuts will be much greater if the ballot measure is not approved and everyone will be affected that much more. What all of this has proved is that kicking the can down the road and using various budget shell games has not served California well. The system is broken and needs to be reformed. But we need to be careful in how we reform the system to ensure the safety of all Californians is not compromised. To do this, it is critical that law enforcement is guaranteed its fair share of the pie. r

MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN A Professional Corporation

PROVIDING COMPREHENSIVE LEGAL REPRESENTATION TO PEACE OFFICERS AND THEIR FAMILIES FOR OVER 30 YEARS: CPOA’S LSP PROVIDER LABOR/EMPLOYMENT LAW WAGE AND HOUR CLAIMS INTERNAL AFFAIRS/DISCIPLINE FEDERAL AND STATE TRIAL LITIGATION THIRD PARTY, PERSONAL INJURY AND UNINSURED MOTORIST CLAIMS PEACE OFFICER CRIMINAL DEFENSE CONTRACT NEGOTIATIONS/LABOR RELATIONS DISABILITY RETIREMENT WORKERS’ COMPENSATION SOCIAL SECURITY APPEALS

| Spring 2011 | California Peace Officer

www.mastagni.com 1912 I Street, Sacramento, CA 95811 (916) 446-4692 Toll Free (800) 854-7581 Chico: (530) 895-3836; Stockton: (209) 948-6158 San Jose: (408) 292-4802; Fresno: (559) 486-5580 Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to five years in prison or a fine up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

past presidents

A Look Back At CPOA’s Past Presidents

Gregory Cowart 1997-98 CPOA President By Sal Rosano

reg Cowart began his law enforcement career in 1968 at the age of 21 as a public safety officer with the Foster City DPS, where he rose to the rank of Lieutenant. He served as Chief of Police, Gilroy Police Department from 1980-1988; Chief of Police, Roseville Police Department from 1988-1991; Director, Division of Law Enforcement for the California Department of Justice 1991-1999; retiring as Chief of Police, Millbrae Police Department 1999-2003. Greg holds a bachelor’s and master’s degrees in public administration. He is a graduate of the POST Command College, FBI Executive Institute, and has been a member of the faculty at Sacramento State University and Sierra Community College.

Service to CPOA Greg joined CPOA in 1973 and considers his active participation in CPOA during the past 35 years to have been a significant asset in his professional development. In 1997, Greg was elected President of CPOA while serving as Director, Division of Law Enforcement, for the California Department of Justice. He was honored to be installed at the CPOA Annual Membership Conference in Sacramento in front of family and friends by then-Attorney General Daniel E. Lundgren. During his tenure at CPOA, Greg was instrumental in forging the Business Law Enforcement Alliance (BLEA), Officers Killed in The Line of Duty Committee, COPSWEST, re-energizing the legislative advocacy function and reengineering the CPOA administrative structure. And during his presidency, he also developed a successful membership recruitment plan targeting peace officer personnel from federal, state and other specialized agencies throughout California.

Accomplishments Following his Tenure as CPOA’s President During Greg’s tenure as CPOA President, he developed a sincere appreciation for the daunting technical and tactical challenges facing working police officers. Upon his retirement as Chief of Police in Millbrae, he joined the West Sacramento Police Department as a part-time police officer, went through field training and worked for four years as a uniformed patrol officer and member of the Measure K Team (vice/crime suppression/code enforcement). After serving with the West Sacramento Police Department, Greg moved to the Rocklin Police Department, again as a part-time officer. He went through field training and worked as a patrol officer, as well as serving as a detective. After three years with Rocklin Police Department, Greg moved to the Citrus Heights Police Department (his eighth agency) where he serves as a reserve officer working 20 hours a week as the department’s auto theft investigator. All of these experiences provide him with many stories to tell about the differences in law enforcement policies, procedures, philosophies and strategies. He was recently asked if his biggest challenge since retirement has been keeping up with the physical rigors of the job of police officer. Greg said that while a long night on patrol certainly takes its toll, the biggest challenge he has faced has been learning three different CAD/RMS computer systems. He points out that it was much easier for him to budget for and oversee implementation of a department’s computer system than to actually learn how to use it. r

Sal Rosano, retired Chief of Police of Santa Rosa Police Department, was the CPOA president from 1984-1985. He is actively gathering CPOA historical information. If you would like to contribute, contact Sal at salrosano@aol.com.

California Peace Officer | Spring 2011 | 9

professional development

Continuous Education Matters:

Is There Organizational Support? By Gary Peterson

Gary Peterson is the Chief of Police for the Martinez Police Department and a CPOA Region II board member. Chief Peterson earned a M.S. in Criminal Justice from Sac State and a Juris Doctor from John F. Kennedy University, School of Law. He can be contacted at gpeterson@ cityofmartinez.org.

peaking broadly, education has been identified as a positive force in advancement of the police profession. While the college-educated officer has been successful in policing, “advanced education” still seems tied in an abstract way to professionalization and in the past was seen as more optional than necessary. This article discusses the relationship between education and promotion and suggests how police executives can encourage continuous education by their personnel. Does the scholarly research suggest a relationship between education and promotion? Testing for rank beyond first-line supervisor has become increasingly competitive. Most departments require a requisite number of years of experience at the sergeant level and certain educational achievements before one can compete for the next rank. For lieutenant and captain positions, some departments require an associate’s degree, and the more competitive applicant will have a bachelor’s or even a master’s degree. The education requirement may eliminate potential candidates and narrow the applicant pool. Several studies suggest that college-educated police officers have better oral and written communications skills, are more tolerant and flexible in their interactions with citizens, and adapt better to organizational uncertainty. While not necessarily a straight shot to promotion to the next rank, Carter, Sapp and Stephens (1989) found that education

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level is a valid dimension to be considered in the promotional process. Conventional wisdom would suggest job performance is the major factor in determining who gets promoted and who does not. However, Truxillo et al (1998) found a statistically significant relationship between college education and police promotions. They reasoned that the college educated applicants’ study habits and test-taking skills may be more finely tuned than those of candidates without a college background. When looking at careers within criminal justice in general, Carlan (1999) found that individuals holding a master’s degree were promoted more frequently and made more money than those with a bachelor’s degree. Krull’s (2004) research supported Carlan’s conclusion. Krull surveyed all 334 municipal police chiefs in California and 235 responded. Only 11 percent of the respondents had not earned at least a bachelor’s degree. In fact, 36.9 percent of police chiefs reported that their highest educational achievement was a BA/BS degree. Moreover, 50 percent reported they had earned an advanced or professional degree. Of those, 45.9 percent had earned a master’s degree, 1.7 percent had earned a PhD and 3.9 percent had a JD. Krull’s data suggested that higher education enhances competitiveness for promotional opportunities at all levels. The case can be made that higher education is crucial to career development and advancement.

Past executives in law enforcement should be credited with adopting models that include higher education as a significant factor in most promotional processes. I believe that a college education, coupled with extensive experience, provides a competitive edge in the promotional process over equally situated peers who lack similar educational achievement. Our personnel must view education as a worthwhile investment. Those who aspire to advance in rank should strongly consider returning to school, if they have not already done so. How can executives promote and encourage continuous education? It is apparent that education plays a vital role in the development of our personnel and the long- term health of our organizations. Executives who utilize educational achievement as one requirement or measure of “promotability” should also develop strategies that encourage and support continued education. In 1992, my task force supervisor allowed a young detective to adjust his schedule to facilitate a one-hour commute to attend graduate school. I was sold on the notion that leadership must be flexible if it endeavors to promote advanced education. While MOUs, personnel and civil service rules may now constrain our ability to be as flexible as my task force commander, we can certainly encourage the modern model of continuing education, which is one of the few bright spots in this economy.

More and more colleges and universities have adapted to this generation of employees who are connected to the Internet. Most educational institutions now offer a convenient educational delivery system that includes ways to continue your education with the least amount of interruption to your family life. Other colleges offer intensive programs that allow students to obtain a degree in a relatively short period of time. Even more schools offer classes during nontraditional hours, and offer on-line educational opportunities. The current opportunities for the working professional to seek a higher education are endless. MOUs often contain some nominal education incentives or tuition reimbursement for those wishing to return to school. That just is not enough. Knowing that juggling work and home life can be hard, we need to encourage the modification of MOUs to support educational efforts and work with POAs on scheduling adjustments. Supervisors, at all levels, need to actively encourage subordinates to continue their educational efforts, keeping in mind that each department’s scheduling issues are unique to the individual organization. Additionally, using educational achievement as a factor in awarding assignments and promotions, the motivated will find a way to return to school. r

Bibliography Carlan, Philip E. (1999).Occupational Outcomes of Criminal Justice Graduates: Is the Master‘s Degree a Wise Investment? Journal of Criminal Justice Education. Carter, David L., Allen D. Sapp, and Darrel W. Stephens (1988). Higher Education as a Bona Fide Occupational Qualification (BFQQ) for Police: A Blueprint, American Journal of Police. Krull, Steve (2004). California Police Chief ’s Demographic Survey. California Police Chiefs Association. Truxillo, Donald M., Suzanne R. Bennett, and Michelle L. Collins (1998). College Education and Police Job Performance: A Ten-Year Study, Public Personnel Management. Whetstone, T. S. (2000). Getting stripes: educational achievement and study strategies used by sergeant promotional candidates. American Journal of Criminal Justice.

California Peace Officer | Spring 2011 | 11

The Ongoing Crisis:

Officer-Involved Collisions—

Why They Happen and What Can Be Done By Bryan Vila, PhD and Bryon G. Gustafson

There is a system of people, policies, choices and trends that contribute significantly to officer-involved collisions.

Hear these authors at the 2011 Annual Leadership Summit. Turn to page 18 for details.

e’ve just finished the thirteenth year in a row in which traffic collisions are the leading cause of death for law enforcement officers nationwide. If the armed encounter was the crisis of the last generation of officers, then officer-involved collisions is the crisis of the current generation. Why this trend persists year after year and what can be done to put a stop to it will be the focus of our presentation at the upcoming CPOA Summit. Our colleagues, Dr. John Violanti and POST Executive Director Paul Cappitelli, will join us to present Fatigue, Fitness, and Fast Cars: Keys to SAFE Driving in Your Agency, during the Leadership Summit in San Diego from May 25-27. This article is a brief preview, so be sure to attend the Summit and our presentation. Why do so many officers continue to die every year in traffic collisions? Is it because roadway safety hasn’t improved? No. The traffic fatality rate among the general driving public has been declining for years, and it’s at an all-time low. Is it because vehicle safety hasn’t improved? Not likely—traction control, anti-lock braking, active and passive restraints, and passenger compartment integrity make vehicles safer than ever. Besides, the general public drives essentially the same vehicles as law enforcement, and you’ll recall that their fatality rate has fallen steadily. And, it’s not mediocre medical care or worsening weather or more mileage either. In fact, there is no “it” to blame. There is, however, a system of people, policies, choices and trends that contribute significantly to officer-involved collisions. In fairness, chance also plays a part. Police officers sometimes encounter exceptional circumstances that no amount of training, policy design, planning or practice can overcome. We cannot preempt drunk

| Spring 2011 | California Peace Officer

or drowsy drivers, earthquakes, flash floods, or bridge collapses. But exceptional circumstances are associated with a substantial minority of fatal law enforcement collisions. The brutal fact is that, all too often, officers die in traffic collisions because they drive too fast and they don’t wear seatbelts—two things they, and we, can control. Our presentation at the CPOA Summit will focus on what is controllable. Here are some of the highlights.

Fatigue These days, debates about police work hours focus far too much on eight- versus ten- versus 12-hour shifts, and far too little on managing fatigue and promoting sufficient sleep. The simple fact is that a cop’s brain is his/her most important piece of safety equipment, and too little sleep or too many hours awake impairs brain function. Being awake for 17 consecutive hours gives you the same level of impairment as a .05 BA. And that impairment is even worse during the late night when your body is designed to be asleep. We aren’t saying that tired people can’t do things well. It’s just that fatigue increases the odds that the part of that cognitive safety system you need most will be zoned out. Over time, those odds will get you: You’re driving up that familiar road, your attention lapses momentarily, the road turns—but you don’t. People live or die based on how well police officers do their jobs. And, how well they do their jobs depends in part on how well they pay attention, think clearly and bring all of their talents to a situation. Whom do you want out there doing the job: the person who “grabbed a few hours of sleep,” or the person who made it a priority to come to work rested and ready to handle life and death situations? Seriously, most of us strive to

“get a good night’s sleep” before a job interview. Isn’t the job itself even more important? So, while shift length does matter, making sure that officers are well rested is a higher priority. We will discuss this in detail at the Summit and provide you with practical ways to manage fatigue and support sleep as an individual officer, shift supervisor, manager or policymaker.

Fitness Beyond the donut-joke clichés, there are many factors that determine fitness levels and the short-term and long-term risks of being unfit. John Violanti was a state trooper for more than 20 years before becoming a full-time researcher focused on law enforcement health and wellness. At the Summit he will share many surprising insights. For example, officers working nights are most vulnerable to accidents and on-duty injuries on their first shift back to work as opposed to the end of their work week. And, the impact of overtime seems to be different for men and women. John’s research shows how the many components of fitness—including diet, rest and exercise— combine to result in better or worse situations for officers. Over the course of a career, those components, job stress and sleep affect quality of life, vulnerability to disease, and even how long you’re likely to enjoy a well-deserved retirement.

Fast Cars Once we attend to officer health and wellness, we need to think about what we ask of our officers. Many of you know Past President of the CPOA and POST Executive Director Paul Cappitelli. Paul will overlay the research discussion with the latest policy and training concepts to provide a real, vivid picture of the operational environment for most patrol officers. We give them fast(er)

cars, fewer officers on the shift, more stuff in the cars to distract them, and ask them to work more overtime because of frozen positions. Then we wonder why there are so many tragedies each year. Paul won’t pull punches on the problems he sees with how we have approached this issue as a profession. Our panel will also discuss agency culture and how that can contribute to or help to prevent officer-involved collisions. And, of course, we will discuss the “need for speed” and the necessity of seatbelts. The latest National Highway Traffic Safety Administration (NHTSA) report confirms that nearly half of officers killed in traffic collisions over the past three decades were not wearing their seatbelts. We’ll talk about the myths that make this possible. For example, you can ask Chuck Miller how many officers have been killed in an ambush—or any other situation—where they couldn’t get their seatbelt off fast enough. His answer will be, “none.” And Chuck knows—he runs the FBI’s Law Enforcement Officers Killed and Assaulted (LEOKA) unit and has studied the death of every cop who has ever died on duty in America. If this isn’t enough to get you interested, we’ll also discuss a couple of other topics our friend Gordon Graham has been hammering home: driver’s side approaches and motor units. His simple question: Why? This will all come together as we discuss Situation-Appropriate, Focused, and Educated (SAFE) Driving. Whether you’re a new patrol officer, a seasoned veteran, shift supervisor or a three-term sheriff, we’ll have something real and useful for you at the CPOA Summit. We have lost far too many officers to traffic collisions during 2010. Come and be a part of making 2011, 2012, and the future generation of policing safer on the road. r

Bryan Vila, PhD is a professor of criminal justice at WSU Spokane. Prior to joining WSU in 2005, he directed the Division of Crime Control and Prevention Research at the U.S. Department of Justice’s National Institute of Justice. In 1990, Dr. Vila received his PhD in ecology from the University of California, Davis. He since has held tenured faculty positions at the University of California, Irvine and the University of Wyoming. Before he became an academic, Dr. Vila served as a law enforcement officer for 17 years—including nine years as a street cop and supervisor with the Los Angeles County Sheriff’s Department, six years as a police chief helping the emerging nations of Micronesia develop innovative law enforcement strategies, and two years in Washington, D.C., as a federal law enforcement officer. He can be reached at Vila@wsu.edu.

Bryon G. Gustafson is a senior law enforcement consultant with the California Commission on Peace Officer Standards and Training (POST) and also holds a lecturer appointment at the University of Colorado Denver. He currently directs a multidisciplinary research team investigating training and policy interventions relative to the causes of fatal and career-ending law enforcement traffic collisions. Previously Gustafson was Police Lieutenant and Executive Officer of the Sutter Creek, Calif. Police Department where he served for over 10 years. He is a graduate of the 218th FBI National Academy and was the 113th president of the Delinquency Control Institute at the University of Southern California (USC). He can be reached at Bryon.Gustafson@post. ca.gov.

California Peace Officer | Spring 2011 | 13

California Police Studies at Cambridge University By Lawrence W. Sherman

Lawrence W. Sherman is the director of the Cambridge Police Executive Program at Cambridge University in the UK. The Cambridge Police Executive Program welcomes applications from California police of all ranks, as long as they have completed a bachelor’s degree from an accredited college or university, with a strong grade point average and good letters of recommendation from their supervisors. Any interested applicants can contact the program administrator, Lucinda Bowditch, at ljb55@cam.ac.uk , or read more about the program at www.crim. cam.ac.uk.

ambridge University’s graduates and faculty have won more Nobel Prizes than any other university in the world. Now counting over 70 and rising, these Prizes reflect the discovery of DNA, the development of in-vitro fertilization, the transmission of electricity through plastic, and advances in economics well beyond Cambridge scholar John Maynard Keynes. Its graduates include Isaac Newton, Charles Darwin, Oliver Cromwell and John Harvard. What is less widely known is the world leadership position Cambridge occupies in police executive education. Since 1995, Cambridge has offered graduate study in applied criminology and police management to senior police officers in the UK. Originally offered as part of the Bramshill National Police College Senior Command Course, the Cambridge program has graduated over half of all British Chief Constables. Since 2008, the Cambridge Police Executive Program has drawn police leaders from an increasingly global range of nations and agencies. Aided by an International Advisory Board that includes present or former top police from four continents, Cambridge has drawn law enforcement commanders from Australia, Canada, China, Hong Kong, India, Ireland, Singapore, Sweden, Trinidad and Tobago, and the U.S. Although the student body still consists of a majority of British Police Superintendents and Chief Officers, including Chief Constables (the equivalent of a major city police chief in the U.S.); the learning exchange from police of different cultures and traditions has been a great benefit to all. As a U.S. citizen, still teaching part-time in Maryland, but with a son living in California, I have been particularly pleased to have California peace officers joining the Cambridge Programme. Appointed Direc-

| Spring 2011 | California Peace Officer

tor of the Cambridge Program in 2007, I immediately invited Redlands Chief Jim Bueermann to serve on our International Advisory Board. Jim, who is well known in criminology circles as a strong advocate of “evidencebased policing,” has set a strong example by sending two of his brightest young officers to complete their Master’s Degrees at Cambridge. They both did that with distinction—and kept working as police officers in California. So how did they manage that? The answer is that Cambridge designed its program for serving police leaders. MBA programs are offered on an “executive” basis, in which students keep working while they study part-time. The Cambridge master’s degree in Applied Criminology and Police Management is also offered part-time, with three residential two-week periods for each of two years. If an officer only has time for a single year of commuting to Cambridge, that is still enough to earn the intermediate qualification of Diploma in Applied Criminology and Police Management. Every March, July and September, Cambridge opens its doors and colleges for two weeks at a time to accommodate a growing number of Police Executive students. With a record of 82 students in the program in 2010, we anticipate even more in 2011—including several more California peace officers. At the March 2011 exchange rate of $1.60 US dollars per British Pound, that amount is equal to $11,200 per year for all fees, room and breakfasts in en-suite accommodations, the cost of a Cambridge degree is far lower than the cost of similar programs at any leading US university. More important, the Cambridge program is the only one in the world focused on evidence-based policing. That means that the course considers the most important questions in a time of budget cuts and police layoffs:

Doing the Same With Less By Jim Bueermann

T what are the most cost-effective ways in which police can create more public safety, or maintain current levels of safety in the face of declining resources. The course gives police leaders the skills to ask the right questions; and sceptically review the answers provided by crime analysts, budget officials, elected officials and others. From the advanced statistical forecasting of murder to the controlled comparisons between police methods focused on the same kinds of targets, the Cambridge course provides its students with the most up-to-date police research world-wide. More simply stated, evidence-based policing (EBP) embraces both the advances in predictive policing, such as identifying hot spots and high-risk offenders, and the advances in knowledge of what works from randomized police experiments. This approach has caught on like wildfire with UK police leaders, who recently founded the British Society of Evidence-Based Policing—which holds its first public meeting in Manchester, England on March 17, 2011. British police agencies led by Cambridge graduates are launching their own experiments in cost-effective policing, and may soon catch up with their American counterparts in the volume of research they produce. The British government is cutting police budgets by 25 percent over the next several years, with massive layoffs of civilian staff and freezes on replacement of retiring officers. This makes the value of evidence-based policing greater than ever. And despite the demands of austerity, 38 senior UK officers have been given half-funding by their police agencies to attend the course this year. Why? Because what they learn will help to manage police agencies with as much precision as possible, when every penny counts. The Cambridge Police Executive Programme welcomes applications from California police of all ranks, as long as they have completed a Bachelor’s degree from an accredited college or university, with a strong Grade-Point Average and good letters of recommendation from their supervisors. Any interested applicants can contact the program administrator, Lucinda Bowditch, at ljb55@cam.ac.uk, or read more about the program at www.crim.cam.ac.uk . r

he current recession has led me to one inescapable conclusion—that we must rapidly become more effective in how we use our increasingly limited resources. More than any other approach, I believe the notion of using science and research evidence to inform our crime control strategies –in the form of evidence based policing—represents our best chance of meeting community and political public safety expectations. Doing “the same with less” is rapidly becoming the “new norm” of American policing. This is especially true in California with our significant public safety cost structures. The Cambridge program presents California cops with a unique opportunity. For less than the cost of a master’s degree at most private universities, or even from the University of California system, we can obtain an advanced degree from what is arguably the top university in the world! The Redlands Police Department has sent two of its officers through this program and will soon send more. The officers will tell you that theirs was a once-in-a-lifetime experience. They had a chance to study with world-renowned criminologists on the amazing Cambridge campus, and had a tremendous time making lifelong friends in their English cop classmates. I will tell you that the department is much smarter and more effective, by having real working street cops blend their street experience with what science shows are the most effective policing practices. These “evidence cops” represent a new, smarter way to police that I believe will be increasingly expected by the people who pay our salaries. I’m proud that these cops are some of California’s finest and encourage every one of our brothers and sisters in policing to consider following their lead. r

Jim Bueermann is the Chief of Police for the Redlands Police Department. He has bachelor’s and master’s degrees and is a graduate of the FBI National Academy and the California Command College. In 2007, he was elected an honorary fellow of the Academy of Experimental Criminology.

California Peace Officer | Spring 2011 | 15

Third Annual CPOA Memorial Run Set for May By Mike Elerick

Lieutenant Mike Elerick is the CPOA Region II past chair and can be reached at melerick@ ci.pleasanton.ca.us.

adly, California is in line with a national trend that saw a spike in peace officers killed in the line of duty during 2010. Nine California peace officers were killed in the line of duty during 2010 compared to six in 2009. Law enforcement organizations suffer greatly from these tragic, shocking and demoralizing losses—but nothing can compare to the complete and total devastation the peace officer’s family endures. As sad as these incidents are, California peace officers and our law enforcement organization can choose to be part of the healing process. On Saturday, May 7, 2011, the California Peace Officers’ Association will host its third annual CPOA Memorial Run and Family BBQ at Shadow Cliff’s Regional Park in Pleasanton. This event is held annually in support of Concerns of Police Survivors (C.O.P.S.). The sole purpose of C.O.P.S. is to assist with the rebuilding of lives of surviving family members and co-workers of law enforcement officers killed in the line of duty.

| Spring 2011 | California Peace Officer

The majority of C.O.P.S. members themselves are surviving family members of officers killed. This tragic commonality bonds these members together and energizes them to serve one another as they each cope and struggle through the process of stabilizing their families and overcoming emotional, legal, and financial hardships created by these terrible events. The CPOA Memorial Run and family barbecue—by design—is a fun family-oriented event where law enforcement can come together with friends and supportive members of our communities in a way that is healthy and uplifting—all in support of our survivor families. The event provides the opportunity for organizations to reconnect with surviving families who all too easily fall from our daily thoughts. The C.O.P.S. members unanimously agree that maintaining support, friendship and a connection to their loved one’s agency is a necessity in the healing process and far too often that connection evaporates shortly after

the ceremonies end. Make this event an organizational tradition to annually reconnect with and support our survivor families! The CPOA Memorial Run includes a 5K (run/walk), 10K and Kid’s Fun Run (one mile). Runners of all skill levels can walk, jog, run or fly through the course. Many choose to simply register for the race in support of its cause and not participate other than to enjoy the Outback Steakhouse barbecue! This is very appropriate as 100 percent of the proceeds are donated directly to C.O.P.S. The event is organized by the CPOA Region II Board, CPOA and its foundation, the Business Law Enforcement Alliance (BLEA), and representatives from C.O.P.S. On race day, more than 60 law enforcement volunteers come together and make it happen. This year’s event highlights will include the nationally acclaimed kid’s band the Hip Waders and clowns Krackers and Jubilee, who will face paint and hand out balloons. Specialty SWAT vehicles will be on site and available for tours, and Eagle 1, East Bay Regional Parks Police Helicopter, is scheduled to make an appearance. The CPOA Memorial Run coincides with National Law Enforcement Memorial Week and punctuates a year of profound need. Please rally your organization and family and plan to join us on May 7, 2011, in Pleasanton! Register on-line at www.onyourmarkevents.com. There is no greater honor within our profession than to care for and support the families of our fallen. r

Race fees are as follows: 5K and 10K: $30.00 ($35/race day) Kids mile: $15 ($20/race day). The first 800 pre-registered participants are guaranteed a race t-shirt, Outback Steakhouse lunch and a great family fun time!

California Peace Officer | Spring 2011 | 17

Developing

Excellence in 2011

Leadership

Join CPOA in beautiful San Diego for our 91st Annual Leadership Summit This year’s theme, Developing Excellence in Leadership, was the directive in seeking out the content for this year’s program. You’ll hear leadership-themed topics ranging from Strategic Leadership to High-Visibility Media Relations to breaking down the Phillip Garrido case. You won’t want to miss this year’s Annual Leadership Summit as it will deliver top-notch training that builds upon the leadership skills needed to perform the best you can where you currently are–or where you wish to be.

may 25 - 27, 2011

| Spring 2011 | California Peace Officer



san diego, california



the omni hotel

CALIFORNIA PEACE OFFICERS’ ASSOCIATION’S

2 011 A N N UA L L E A D E R S H I P S U M M I T NETWORK - Many opportunities to build new relationships and strengthen existing ones LEARN - Nationally-recognized speakers to inspire and infuse SHARE - Come together to discuss your agency’s challenges, strategies and triumphs SOME EVENT HIGHLIGHTS INCLUDE: –

Installation of the new CPOA President, Chief Sandra Spagnoli and the 2011-2012 Board of Directors

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Annual Awards Luncheon where your follow law enforcement colleagues are recognized for their outstanding accomplishments, dedication, and leadership in law enforcement and in their communities

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Poolside Welcome Reception

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Padre’s take on the St. Louis Cardinals at PETCO Park (Optional event)

LUNCHEON KEYNOTES: Chris Van Gorder, FACHE, President & CEO, Scripps Health The Key is Getting There Michael Rains, Rains, Lucia & Wilkinson LLP The Police Management Response to High Profile or Controversial Critical Incidents SUMMIT TRAINING TOPICS INCLUDE: The Nobility of Policing: Developing Character and Competence in Policing The Nobility of Policing presentation is designed to reignite purpose, passion and love for policing and to teach leaders how to speak to this nobility regularly. Michael J. Nila, Retired Police Commander, Aurora, IL Police Department Strategic Leadership Skills: Planning to Lead in an Ever-Changing World Strategic leadership requires leaders to recognize and accept the constant changes that affect organizations and society in general. This presentation will prepare you with the skills you need to address and respond to change. Dr. James T. Reese, AAETS, DPCP Media Relations in High-Visibility Situations Attendees will learn the role of senior leadership in dealing with media during crisis. Case studies and lessons learned from recent high-visibility situations including Hurricane Katrina, FBI “9/11” and “Anthrax” responses, and the Virginia Tech campus shootings. Lt. Col. James Vance, FBI Academy

The Phillip Garrido Case Members of the El Dorado County District Attorney’s Office will give a presentation on Phillip Craig Garrido–the man who kidnapped, sexually assaulted, and imprisoned 11 year-old Jaycee Lee Dugard for 18 years. This presentation will explore Garrido’s extensive criminal history and his manipulation of the criminal justice system that allowed his crimes to go undiscovered for so many years. Vern Pierson, District Attorney and James Clinchard, Deputy District Attorney, El Dorado County Legal Update This session will focus on four hot topics including an overview of working with the media, high risk search warrants, technology legalities and Taser law and litigation. Eugene Ramirez & Missy O’Linn, Manning & Kass, Ellrod, Ramirez, Trester LLP Fatigue, Fitness, and Fast Cars: Keys to SAFE Driving in Your Agency Driving a patrol car is, statistically, the most dangerous task in law enforcement. This session will discuss common causes of law enforcement traffic collisions and provide real-world interventions you can implement personally, on your shift, or throughout your agency. Paul Cappitelli, POST Dr. Bryan Vila, Washington State University, Spokane Dr. John Violanti, University of Buffalo, NY Bryon G. Gustafson, POST & University of Colorado Denver Comunications and Marketing for Your Policing Agency Marketing and sharing your agency’s successes with the public is more than just press releases and a website. Businesses rise or fall based upon their ability to reach their customers and to give them what they want, how they want it. Learn how Business Marketing Plans have been adapted into a Policing Agency Marketing Plan with positive results internally and externally. Get specifics on how you can minimize costs while maximizing the reach of your agency’s successes through new media communications including the Internet, Instant messaging (Nixle), social media (Twitter, Facebook), and writing effective news releases. Captain Michael Parker, Los Angeles County Sheriff

For full Summit program or to register online please visit: www.cpoa.org or contact CPOA at (916) 263-0541 California Peace Officer | Spring 2011 | 19

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| Spring 2011 | California Peace Officer

cpoa bulletins

Promotions Bell Gardens Police Department Sergeant Brendan Kirkpatrick Promoted to Lieutenant

CalVet Home Loans Salutes Those Who Continue to Serve

Belvedere Police Department Lieutenant Patricia Seyler-Campbell Appointed Chief of Police (previously at Marin Co. Sheriff’s Department)

Thank You for Your Service to Our Country

Benicia Police Department Chief Deputy Andrew Bidou Appointed to Chief of Police

Orange Co. District Attorney’s Office Commander Jeff McLaughlin Promoted to Acting Chief Supervising Investigator Clint McCall Promoted to Commander Supervising Investigator Hector Pantoja Promoted to Commander Investigator Curtis McLean Promoted to Supervising Investigator Investigator Pat Goodman Promoted to Supervising Investigator Investigator Dena Mauger Promoted to Supervising Investigator Investigator Eric Akerlind Promoted to Supervising Investigator

Visalia Police Department Lieutenant Jason Salazar Promoted to Captain Lieutenant Perry Phipps Promoted to Captain Sergeant Steve Phillips Promoted to Lieutenant Sergeant Jeff McIntosh Promoted to Lieutenant

Retirements Chief Mike Major Orange Co. District Attorney’s Office CPOA member for 11 years Commander Doug Kennedy Orange Co. District Attorney’s Office CPOA member for 7 years Supervising Investigator Helen Moreno Orange Co. District Attorney’s Office CPOA member for 6 years Chief Steven Fracolli Belvedere Police Department CPOA member for 2 years

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Have you or another CPOA member of your agency recently retired or been promoted? Please let us know and we will mention the news in the California Peace Officer and it will help us keep our member database up-to-date to serve you, our members, better! It’s easy...just let us know via email. Please e-mail tschomus@cpoa.org. California Peace Officer | Spring 2011 | 21

general counsel’s message

Professional Development: Keeping Up with the Law By Martin J. Mayer

here is a tremendous responsibility placed on law enforcement officers to maintain professional development. There is a legal theory in federal law called “negligent training: wherein an agency can be held liable for failing to provide appropriate training for its officers. In order to avoid that problem, in California, if an agency is certified by the California Commission on Peace Officer Standards and Training (POST), which virtually all California law enforcement agencies are, there are numerous training obligations to be met by officers in order for the agency to maintain that certification. For example, officers are required to complete 24 hours of training every 24 months and they are able to select from a variety of courses presented through POST. If one desires to move up in rank, again, there are educational obligations to be met—for instance, supervisory courses for those who promote to sergeant and management courses for those who wish to move up into management ranks. In addition to those types of courses, there are a number of other programs, which are not mandated, but are available to assist officers in maintaining professional development. It is obvious that training in operations, weapons, technical advances and the like are of great importance. But, for all of those who are responsible for enforcing the laws, staying current on the multitude of laws impacting on that role, is of utmost importance, and the law changes constantly. Martin J. Mayer, a name partner with the firm of Jones & Mayer, has served as General Counsel to California Peace Officers’ Association for approximately 25 years. The firm is located in Fullerton, California and is a public sector law firm which focuses its attention on representing the interests of law enforcement in cities and counties throughout the State of California.

Current Legal Issues Training classes are presented by numerous organizations in order to assist their members, as well as others in law enforcement, which choose to participate in such training. The California Peace Officers’ Association (CPOA) has, for many years, been one of the preeminent organizations providing training and seminars for peace officers throughout the state of California. And, since CPOA recognizes the need for officers to stay current on the law, it provides numerous training experiences on legal issues as well.

| Spring 2011 | California Peace Officer

CPOA sponsors seminars that address a host of such issues, such as a two-day update on the law as it affects law enforcement; a one-day class on the Public Safety Officers Procedural Bill of Rights Act (POBR); training on the California Public Records Act (CPRA); how to respond to a Pitchess motion, including all of the most recent court decisions, and so forth. Some of the more significant aspects of the law, which have recently impacted on law enforcement personnel and/or on agencies, include a recent Ninth Circuit U.S. Court of Appeals decision on supervisory liability (Starr v. Baca), newly proposed rules from the U.S. Department of Justice regarding implementing the federal Prison Rape Elimination Act (PREA), which applies to prisons, county jails and even short term “lock ups;” a formal Opinion from the California Attorney General regarding whether a retired officer can keep an assault weapon he or she purchased while on the job; the authority of a peace officer to “search” a cell phone found on a person who has been arrested, without securing a warrant (People v. Diaz); and on and on.

Conclusion The amount of information that modern day law enforcement officers must absorb, understand and be able to apply is daunting, to say the least. But the fact remains that officers, who are not current on legal issues affecting their job, will find themselves in difficulty, both from the perspective of making a case against a law violator, and protecting himself or herself from potential civil liability for not complying with the current law. It is a very difficult task to undertake but, fortunately, California stands out as an example throughout the country of what types of training can be, and are made available to its peace officers. However, the burden is on the officer to take advantage of what is provided and the more complicated the law becomes, the more important it is for agencies to ensure that such training is made available. r

POST Offers “Anytime” Professional Development By Laurel Espell

ecreased public safety budgets and increased workloads are becoming the norm in today’s economy. Still, there is a high demand for professional development for peace officers. California Commission on Peace Officer Standards and Training (POST) is stepping up to fill this need by offering increased distance learning services to the field. POST’s Learning Technology Resources Bureau (LTRB) offers a variety of options for professional development through self-paced courses, DVD training, videos, and performance support tools. The DVD training videos have been developed for facilitated training sessions. They can be presented as stand alone training, as part of a longer course, or in shorter segments over a longer period of time such as in a briefing or roll call setting. These in-service training videos cover such diverse topics as hate crimes, terrorism, domestic violence, gangs, professional ethics, vehicle operations and supervision. The DVDs are free of charge to agencies within the POST program. To view the full catalog and learn about the program, go to http://www.post.ca.gov/post-training-videos.aspx. Another POST-produced educational product is the legal update series “Case Law Today,” which is available in DVD format or on the Learning Portal. These brief overviews of case law offer an easy way to stay current on court decisions regarding legal search, Miranda warnings, the interrogation of minors, and a wide variety of topics effecting law enforcement in the field. The POST Learning Portal, another product of

the LTRB, offers self-paced courses in an easy-to-use web format that enables officers to remain current on perishable skills and meet the continuing professional training (CPT) requirements. Self-paced courses are available 24/7 and, upon completion, officers receive credit automatically. Some courses, like first aid/ CPR for law enforcement, are designed to meet mandates, while others keep officers current on developing laws and issues. The Homeland Security Suite, also accessible on the Learning Portal, is designed for first responders focusing on topics such as flying armed, suicide bombers, recognizing and preventing domestic terrorism, and legal aspects of terrorism. The Learning Portal is beginning to offer interactive performance support tools. The first of these is the search warrant writing tool, which installs directly to your computer and guides you through the search warrant writing process. Currently there are templates available for 57 California counties. As for the future of learning and professional development from POST website, look for the porting of some of these products to mobile devices, additional support tools and more courses on contemporary relevant topics that effect the law enforcement community. The Learning Portal is available to all active peace officers, public safety dispatchers and peace officer trainees with a notice of appointment (NOA). Instructors registered in Academy Instructor Certificate Program (AICP) can also use the Learning Portal. Just register at the site https://lp.post.ca.gov/. r

Laurel Espell, Supervising Librarian, was employed for many years as an Information Research Analyst in the oldest corporate library in Silicon Valley, at Hewlett Packard Labs. She has also worked as a Research Librarian at IBM Almaden Research Center and Lawrence Livermore National Lab. More recently she has worked as a science librarian at UC Davis and a search specialist in a web portal company. Laurel is developing the POST Library as a full-service law enforcement research center to serve the California law enforcement community. In addition, Laurel is involved with knowledge management of POST Archives and publications. Laurel can be reached at laurel.espell@post.ca.gov.

California Peace Officer | Spring 2011 | 23

Automobile Insurance Exclusions That Target and Affect Peace Officers By Anthony P. Donoghue and John P. Tribuiano III

Apply online at

www.cpoa.org for CPOA’s Legal Service Program.

nsurance companies are increasingly drafting personal automobile insurance policy exclusions that both directly target and indirectly affect peace officers and other emergency personnel. These exclusions have significant effects to you while operating both work and nonwork vehicles regardless of whether or not you are on duty. New Exclusions That Specifically Target Law Enforcement While representing a police officer involved in an on-duty motor vehicle collision, we recently became aware of a Farmers Insurance policy that includes the following exclusion: We will not cover bodily injury or property damage resulting from the use of any vehicle by an insured person in an emergency occupation on a fulltime, part-time or volunteer basis. Such occupations include, but are not limited to, fire fighting, police or ambulance activities. This exclusion does not apply to any vehicle described in the declarations, an additional vehicle, replacement vehicle or substitute vehicle, while used by an insured person in such activities. As you can see, this exclusion unequivocally targets law enforcement, and is not limited to on duty situations. The exclusion, therefore, has significant effects to you both on and off duty. Liability Coverage

Under this exclusion, you may be denied liability and property damage coverage whenever you operate a vehicle that is not designated in your declarations page simply because of your job in law enforcement. This means that your insurance carrier may deny coverage if somebody makes a claim against you whenever you operate a vehicle owned by a friend, family member, your employer or anybody else. For example, you are off duty and driving home in your patrol vehicle. On your way home you are involved in a collision with another vehicle, and the

| Spring 2011 | California Peace Officer

driver makes a claim against you personally. Your personal insurance coverage may be denied because of your job. Another example: You have been in Tahoe on vacation for a week. It is snowing and your friend lets you drive his all-wheel-drive Subaru so that you can restock your personal food and drink supply. On your way to the store, you are involved in a collision with another vehicle and the driver makes a claim against you. Your insurance coverage is denied. It does not matter that this situation has nothing to do with your employment; it only matters that your employment happens to be in law enforcement. Once again, you may be on your own to retain counsel or otherwise protect your personal assets against the claim. Uninsured/Underinsured Motorist Coverage You also may be denied uninsured/underinsured motorist coverage whenever operating any vehicle that is not designated in your declarations page. When driving your patrol vehicle, a friend’s car or any other vehicle you are exposed and at the mercy of the uninsured and underinsured drivers of the world. Uninsured or underinsured motorist coverage is designed to compensate you, insured family members and your passengers when there is an accident and the other driver is both legally responsible for the accident and considered “uninsured” (no insurance) or “underinsured” (less insurance than you). Absent these exclusions, coverage, in most cases, extends to you while in the course and scope of your employment, while operating your patrol vehicle. For example, Phillip, a patrol officer in the course and scope of his employment, is operating his patrol car through the intersection of Main Street and 1st Street on a green light. A drunk driver fails to stop at the red traffic light, and t-bones Phillip. Phillip injures his neck and shoulder. The drunk driver carries $100,000 in liability coverage. Workers’ compensation pays

legal service program news

out $90,000 in medical, 4850 and permanent disability benefits to and/or on behalf of Phillip. The workers’ compensation carrier accepts $30,000 out of the $100,000 third-party insurance settlement in full and final satisfaction of its $90,000 lien. Philip has $500,000 in UM/UIM coverage. Phillip can still collect up to $340,000 from his personal UM/UIM insurance policy. Another example: Pete, a police officer in the course and scope of his employment, attempts to apprehend a criminal suspect following a drug sell. The suspect jumps into a car and intentionally rams Pete’s police vehicle. Pete suffers a fractured sternum, left leg fracture and undergoes a lumbar fusion surgery. Workers’ compensation pays out $150,000 in medical, 4850 and permanent disability benefits to and/or on behalf of Pete. Pete is medically retired from the department. The criminal has $15,000 in automobile coverage; however, his insurance company is denying coverage due to the fact that criminal’s conduct was intentional. Pete has $1,000,000 in UM/UIM coverage. Pete can collect up to $850,000 from his personal UM/UIM insurance policy. Coverage may be denied in both these examples. However, if your current policy excludes coverage resulting from the use of any nondeclared vehicle if you work in law enforcement. Other Common Exclusions That Affect Law Enforcement Personnel The other common way your personal automobile insurance company excludes coverage for peace officers is while operating a patrol vehicle. For example, Mercury Insurance Company may deny coverage to peace officers who are injured in their patrol vehicles under the “nonowned vehicle available for the insured’s regular use” clause. Similarly, Farmers’ Insurance may deny coverage to peace officers who are injured in their patrol vehicles under an exclusion arising from “use of any vehicle that is part of a fleet or pool of vehicles provided for the regular use by an insured person in the course of his or her employment.” Although these exclusions do not explicitly target peace officers, the effect of the exclusions are the same whenever operating a patrol vehicle. Further, they apply while driving your patrol vehicle both on and off duty. For example, Stacy, a motorcycle patrol officer, completed her shift and is driving her patrol bike home off duty. An uninsured motorist executing a left turn fails to see Stacy, collides directly into her right leg and ejects Stacy from the bike. Stacy breaks her right ankle and tears a rotator cuff muscle in her left shoulder. She requires surgery for both injuries.

Workers’ compensation denies her claim because she was off duty and ran some personal errands on the way home. Stacy has $500,000 in UM/UIM coverage, and therefore can collect up to $500,000 from her personal UM/UIM insurance policy. Your insurance carrier denies coverage, on the other hand, because your current policy excludes coverage resulting from the use of any non-declared vehicle regularly available for your use or that is part of a work fleet. What You Can Do To Maximize Your Coverage KNOW YOUR POLICY. Contact your insurance agent/company, and obtain a complete copy of your automobile insurance policy. EXTEND YOUR COVERAGE. Some insurance companies offer an extension of coverage, sometimes referred to as a Broad Based Coverage Endorsement, so that you can be covered while operating any vehicle despite your occupation as a Peace Officer. Talk to your insurance agent and ask how these exclusions can be overcome. INCREASE YOUR UM/UIM POLICY LIMITS. We recommend that you purchase a minimum of $1,000,000 in Uninsured/Underinsured motorist coverage. Imagine that you are injured in a motor vehicle collision and are no longer able to work in law enforcement. Will $15,000 be enough to compensate you and your family? You should contact an attorney experienced in matters involving insurance coverage if you have any questions regarding your personal automobile insurance policy. r The reader should not act on the information contained in this article without seeking specific legal advice on the application and interpretation of this information in any particular matter.

Anthony P. Donoghue is an associate attorney in the Civil Litigation Department at Mastagni, Holstedt, Amick, Miller & Johnsen. John P. Tribuiano III is a senior associate attorney in the Civil Litigation Department at Mastagni, Holstedt, Amick, Miller & Johnsen. For over 35 years, the attorneys of Mastagni, Holstedt, Amick, Miller & Johnsen have served clients throughout California in a wide range of civil law matters, including labor and employment law, wage and hour litigation, personal injury, workers’ compensation, disability retirement, Social Security disability appeals, and public employment contract negotiations. The Civil Litigation Department routinely represents public safety officers in matters involving insurance coverage.

California Peace Officer | Spring 2011 | 25

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| Spring 2011 | California Peace Officer

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Bachelor of Science in

The education you need to prepare to lead.

Criminal Justice Leadership & Administration Accelerated Active-Duty Program at California Baptist University Convenient online and onsite class schedules  Expert faculty, small class sizes, individual attention  Active-duty requirement ensures quality networking  Curriculum focuses on developing management expertise 

Developed in cooperation with law enforcement agencies, CBU’s program is your best choice if you are serious about preparing for leadership excellence.

866.7676.CBU Accredited by the Western Association of Schools and Colleges.

www.calbaptist.edu/cjla

“I LOOKED TO A LEADER.

AMU is where experience and academics intersect.” Chief Joel Hurliman | Graduate, Master of Arts, Homeland Security AMU stands shoulder-to-shoulder with the law enforcement community. As a 32-year police veteran and retired Army National Guard Master Sergeant, Chief Hurliman knows it takes street smarts and book smarts to address today’s complex public safety challenges. He joined AMU based on academic partnerships such as the FBI National Academy, faculty who have worn the badge, and a community of like-minded peers, each dedicated to protecting and serving our nation. Learn More at www.PublicSafetyatAMU.com/cpo What’s this? AMU-QR.com