Pax_Centurion_Jan_Feb_2012

Will the Occupiers return?

Geez, I hope so….

Boston Police Patrolmen’s Association, Inc. 9-11 Shetland Street Boston, Massachusetts 02119

PRST STD U.S. POSTAGE PAID WESTBORO, MA PERMIT NO. 100

By Jim Carnell, Pax Editor ecently, the remnants of “Occupy Boston” had another of their stupid marches through downtown Boston, screwing up traffic and ruining the night for thousands of people who actually work for a living. And, as usual, like a dog being led by the nose, the leadership of the BPD did nothing to prevent these deranged rich kids and aging hippies from marching- the wrong way- against traffic despite the fact that they had no permit and quite frankly, didn’t care, because nobody enforces the law any-

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Nation’s First Police Department • Established 1854

Volume 42, Number 1 • January/February 2012

PAXCENTURION Boston Police Patrolmen’s Association, Inc. Boston Emergency Medical Technicians

NATIONAL ASSOCIATION OF POLICE ORGANIZATIONS

“Untruthfulness” – it’s whatever the department says it is…

Dave Williams termination: what can happen just for doing your job

By Jim Carnell, Pax Editor his is a story about what can happen to each and every one of us who responds to radio calls. This is the story of a good police officer who made outstanding arrests, but was terminated because the department and the city chose to believe a fighting drunk who resisted arrest and struggled with officers. This is the story of what happens when you do your job and then wind up in the middle of a bunch of drunken a-holes who feel entitled to disrupt traffic and interfere with cops trying to do their jobs. This is yet another story of the department throwing a working street officer under the bus.

This is the story of Officer David Williams.

On March 16th, 2009 (yes, the night before St. Patrick’s Day… what do you think the Hibernian-surnamed lad in our story was doing before he ended up on Hanover St. in the North End?) Officer David Williams and other officers from Area A-1’s morning watch received a “routine” radio call at 12:02 AM (proving once again the old adage that “nothing good happens after midnight) for a “fight following a car accident on Hanover St.” Now, as anyone who knows Hanover St., it’s a mess of double-parked cars and intoxicated nitwits… even on a good night. But the officers responded quickly nonetheless, and soon met up with the source of the problem: apparently, the driver of a Volvo and his two companions who were in a hurry crossed over the center line and hit a double-parked car, causing dents, minor damage, etc. Basically, it should have been just another of the thousands of fender-benders that occur every day in Boston. Each party blames the other, exchanges papers, and goes on their merry way. Notify your insurance company later.

But for some people, especially those who’ve been drinking and think they’re important because they’re also a Sheriff in

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Middlesex County, everything becomes a federal case.

David and his partner begin telling the three men (who were also alleged to have backed the wrong way down a one way

perwork, but the conspiracy-theorist young men insist that the cops “aren’t doing their jobs, we’re taxpayers” (Geez, when have you ever heard that line before??? If I only had a nickel every time I heard that one…)

The suspect (who also is employed as a Middlesex County Sheriff…ain’t that marvelous while fighting with the cops..) claims “police brutality” and demands to be taken to the hospital because he “lost consciousness” during the arrest; that claim is somewhat dubious because Officer Williams says that the man was resisting arrest and screaming the entire time he was trying to place cuffs on him (apparently, unconscious people have an incredible ability to continue to fight with the police…). street in what appears to have an attempt to flee, although they eventually returned to the scene) to exchange paperwork with the man in the other car. The men begin screaming that the other driver “stated he was a federal agent, and you cops are covering up for him”. (If these nitwits knew what the average cop thinks of Fred the Fed, they’d have realized how wrong they were, but when you’re non compos mentis as a result of inebriating liquor, what do they know?)

For his part, the other driver also asserted that one of the men in the Volvo called him vulgar, racist names (the other driver was black, the men in the Volvo were white). At any rate, the other guy insists he never said that he a federal agent, he just wanted to exchange paperwork, and so Dave and his assisting officer keep telling the three men to calm down, exchange paperwork, and be on their way. Over and over again, they plead with the men to simply exchange pa-

and they insist they “want something done”.

Dave finally agrees to “do something” as they insist, and so he starts writing the driver of the Volvo a ticket for crossing over the center line and backing down a one-way street (after all, it appears that he, the driver of the Volvo, was more at fault for the accident than the car that was double-parked, a chronic problem in the North End with no known solution.) At this point, the Middlesex sheriff who was eventually arrested by Williams wasn’t even the subject

of the ticket, but…

That’s when “the cell-phone/camera dance” begins. (All officers have become accustomed to this routine from drunken idiots at nightclubs or “concerned citizens” hoping to catch their own private Rodney King video to put on YouTube. They call the police because someone is getting the snot kicked out of him or needs help and then begin recording the police claiming police brutality.) The man who would later be arrested begins impeding traffic, won’t get out of the middle of the street, screams and swears and constantly gets up in the officer’s faces. At some point, after ordering him repeatedly to get out of the street and get up on the sidewalk, Dave’s assisting officer decides to place the moron under arrest for disorderly conduct, and he begins resisting. Williams stops writing the ticket and comes to his partner’s aid, and brought the man to the ground. The struggle escalates, with the man trying to get away and resisting being handcuffed. One of the man’s friends also attempted to rescue him and interfere with the arrest – he too would be arrested – and he also allegedly slapped the driver of the original double-parked car. Williams calls for help, officers from Area A-1’s beleaguered morning watch arrive, and the miscreants are carted off to the station for booking. Typical arrest, right? Well, No… (continued on page A4)

The advertisers of the Pax Centurion do not necessarily endorse the opinions of the Pax Centurion/ Boston Police Patrolmen’s Association.

The advertisers are in support of the BPPA Scholarship Fund and every patrolmen who risks his or her life to protect and serve the community.

(continued on page A3)

PAX CENTURION

From the President:

Nation’s First Police Department

Unity & Strength

Boston Police Patrolmen’s Association, Inc. Boston Emergency Medical Technicians 9-11 Shetland Street, Boston, Massachusetts 02119 Phone: 617-989-BPPA (2772) Fax: 617-989-2779 www.bppa.org

NATIONAL ASSOCIATION OF POLICE ORGANIZATIONS

Union Printworks

Volume 42, No. 1 • Readership 125,000 • January/February 2012 BOARD OF EDITORS James Carnell, Managing Editor

Thomas J. Nee, President Ronald MacGillivray, Vice President Patrick M. Rose, Secretary David Fitzgerald, Treasurer

Mark Bruno, Pat Rose, Assistant Managing Editors

EMS Officers James Orsino, President John Bilotas, Secretary Robert Morley, Vice President Anthony O’Brien, Treasurer Len Shubitowski, Chief Steward

BPPA HOUSE OF REPRESENTATIVES AREA A

AREA B

AREA C

Brian Reaney • John Bates Jimmy Carnell • Michael Leary William Cullinane • Bob Luongo Richard Estrella • Matthew Carey Patrick McDonough

David Fitzgerald Steve Parham Vinnie Stephens

Mark Bruno • Chuck Kelley Robert Young • Paul Chevrette Sean Sullivan • Jimmy LaCroix

AREA D Robert Butler Greg Lynch • Tom Barrett Christopher Broderick James Clark

M.O.P.

AREA E

AREA F

Paul Nee • Lawrence Calderone Gerald Rautenberg Arthur McCarthy • Angel Figueroa James Morrissey • Chris Morgan Daniel Byrne Henry Pereira

IDENT. UNIT – Michael Griffin DRUG UNIT – Paul Quinn YVSF – Emanuel Canuto Robert Griffin

RADIO SHOP

John Conway • Curtis Carroll Horace Kincade

TURRET

John Kundy

Otis Harewood Larry Johnson

E.S.U.

HARBOR

Hector Cabrera • Francis Deary

Jeff Tobin

ACADEMY / RANGE EVIDENCE MANAGEMENT

MASTER AT ARMS

K-9

William Shaw

Robert Colburn

Mike Murphy • John Rogers Kevin Ford

HEADQUARTERS

PAID DETAILS

RETIRED PATROLMEN’S DIV.

Eric Hardin

Joseph Ruka

Billy Flippin

BPPA COMMITTEE ASSIGNMENTS AWARDS Bob Butler • Gerald Rautenberg • Pat Rose GRIEVANCE Bob Butler • Jim Carnell • Brian Reaney Mike Leary • Tom Pratt • Dave Fitzgerald BUILDING Tom Nee BARGAINING Tom Nee • Ron MacGillivray • Michael Leary Chris Broderick • Larry Calderone LEGISLATIVE Jim Barry MassPULL Jim Barry

PUBLIC RELATIONS Jim Barry PAX CENTURION Jim Carnell • Mark Bruno • Pat Rose BYLAWS Tom Nee HEALTH and SAFETY / LABOR MANAGEMENT John Kundy ELECTIONS James LaCroix EDUCATION Tom Nee DETAILS / OVERTIME Patrick Rose

Thomas J. Nee

Gearing up for 2012

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s we look forward to 2012, expect a port and patience continued attack on our wages, ben- with us in this proefits and pensions. The same anti-union crit- tracted battle against the City in our efforts ics in the media will attempt to use the to secure an equitable collective bargainpower of the press to influence the public ing agreement for the future. with their sound bites and rhetoric!

The Mayor and his administration have This round of collective bargaining is been both fair, reasonable and supportive proving as predicted to be a very challeng- on many matters that affect the BPPA reing one as the weak economy and strong cently; I just find it difficult to understand anti-union sentiment continues to perme- why the city bargaining team finds it so difate the region. Public employees and their ficult to understand why the BPPA bargainrespective unions were targeted by edito- ing team not only wants all our members to rial boards and others in the media as the be treated and paid like the fire service, we cause of fiscal instability in 2011. expect it!

As a result, there were demands of wage My current and/or future comments freezes, reduction in benefits and pensions. should never be perceived as a slight or a We found that many elected officials who historically and The Mayor and his administration traditionally stood up to the media succumbed to their have been both fair, reasonable claims of “betraying the pub- and supportive on many matters lic trust” (talk about a rhetorical sound bite) crippling that affect the BPPA recently; I the working middle class, just find it difficult to understand especially Boston Police Ofwhy the city bargaining team ficers who still now languish waiting for the State Su- finds it so difficult to understand preme Court to return its de- why the BPPA bargaining team cision with regards to the Quinn Bill payment and not only wants all our members without a new collective bar- to be treated and paid like the gaining agreement.

While many changes still fire service, we expect it! loom on the horizon we continue to fight harder and smarter, last sum- knock on the firefighting service, with great mer after lawmakers on Beacon Hill under courage and professionalism they provide the cover of darkness (the budget process) a very valuable service to the City of Bospassed a measure giving municipalities the ton, they used our contract to spring-board option of transferring employees to the themselves into the secure and equitable state’s Group Insurance Commission (GIC) agreement that they currently work under, without the obligation of bargaining and the we will use the same type of concept askthreat of consequences if they didn’t bring ing for nothing less, the pay disparity is their benefits on line with the GIC prod- unacceptable.

We’re working smarter and harder in our ucts. But adopting such a major legislative change had consequences and a one-size- efforts to convince them, hopefully in the fits-all approach doesn’t work with health very near future there will be some sort of care products and realizing that every BPPA momentum and breakthrough in this seemmember and their loved ones have unique ingly very arduous task. You too provide sets of issues we responded accordingly and with great sacrifice, courage and professionwith the support and the wisdom of the alism a very valuable and necessary service BPPA membership made the necessary ad- to the City of Boston, it’s time that you are justment to temporarily protect the needs acknowledged and rewarded for it!!

Stick together and be safe out there. and the issues of the members.

Going forward we are going to need the From unity comes strength, from that strength comes honor. same type of membership sup-

TO ADVERTISE IN THE PAX CENTURION

Contact Director of Advertising Sponsorships Marie Richards at: 617-989-BPPA (2772) • Fax: 617-989-2779 • email: mrichards@bppa.org

EDITORIAL POLICY 1. Opinions expressed in this publication are not necessarily those of the Boston Police Patrolmen’s Association.

2. No responsibility is assumed for unsolicited material.

3. Letters or articles submitted shall be limited to 350 words and must be accompanied by the writer’s name, but may be reprinted without name or address at writer’s request.

4. Freedom of expression is recognized within the bounds of good taste and the limits of available space.

5. The BPPA reserves the right to edit submission and/or include editor’s notes to any submitted materials.

6. The deadline for printed materials for the next issue is MARCH 29, 2012.

7. Any article printed in this issue may be reprinted in future issues.

BOSTON POLICE PATROLMEN’S ASSOCIATION Tel.: 617-989-BPPA (2772) • Fax: 617-989-2779 Office Personnel: Annie Parolin • Annmarie Daly

Page A2 • PAX CENTURION • January/February 2012

617-989-BPPA (2772)

Message from the Vice President:

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Training Compensation Days

he BPPA recently had a favorable Arbitrator’s decision rendered regarding the use of earned “training days”. The decision was issued January 3, 2012 and allows our members to request the use of time with the same weight of a “Personal Day” with the exception of 3 days, First Night, the day of the Boston Marathon and the Caribbean Festival. It is important for each officer to identify and differentiate training time from other accrued compensatory time with your clerk. Not until recently did the Department discern the recording of compensatory time so prior earned training time is not going to have that “almost bulletproof” standing unless you address prior-earned training time with your clerk.

Officers on a scheduled day off for the Super Bowl had been ordered in to work in what the Department described as a “public safety exception”. Many officers requested the use of a P-Day…to my knowledge a P-Day has never been allowed when an officer has been ordered in to work overtime on a day off. There was a willingness with some officers to forego any compensation since in effect you would be using two benefits, the day off and the P-Day. It will be looked into. Though there is no language precluding an officer from using a P or a T day when the entire patrol force has been ordered. But, if there were a run on requests, future changes to current language would be put in play. The term “unduly disrupt” is the standard used in determining the aftereffect. I would rather not put current language in harms way.

I’d like to acknowledge Michael O’Rourke who was denied his request for time off and was the grievant of record and also Jeff Worthy and Steve Gill who back in July of 2007 also came forward. The early grievances were held in abeyance as the parties attempted to resolve our differences of not being allowed to use any accrued time that created overtime. The filing of the early grievances within the first couple of months of the acceptance of the identical language of the Federation’s Detail Prioritization Settlement Agreement sealed it. At no time did the BPPA believe that the language meant anything else but what the Arbitrator concluded.

“Were the contract language in dispute susceptible to equally plausible interpretations, one might be swayed by a construction that seemed more suitable in context.

But where the language on its face is unambiguous, and where there is no language to suggest otherwise, the party responsible for the inclusion of such language in the contract- it was handed to the Union by the City- must be held to have meant what it communicated.”

This was a good win. If anything the long- sought compensation agreement might finally get out of the developmental stage because the City’s strongest argument as noted by the Arbitrator was that “to afwww.bppa.org

Ronald MacGillivray

ford members comp days at the officers discretion has the potential of extreme results if too many officers want the same day off.”

Predictable results could include a comfortable buffer between an officer’s request and the actual date of usage along with an increase of officers being ordered for overtime in advance…in similar fashion to a planned event.

An officer’s safety grievance has already been filed regarding specific units that need to train as a cohesive unit and have trained together as one prior to this decision. Officers are being denied training because shift change or scheduled day-off create training comp time. These officers train collec-

David Williams Termination

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n January 18, 2012, P.O. David Williams was terminated after an internal hearing found just cause to sustain 2 specifications involving the “Use of Force” and “Truthfulness”. A grievance has been filed regarding the termination stemming from an incident on Hanover St. related to 3 individuals in a minor traffic accident that involved an extended use of alcohol prior to the incident. Even with the total lack of credibility demonstrated by the complainant throughout the hearing, the Department coupled testimony of how the individuals

This was a good win. If anything the long-sought compensation agreement might finally get out of the developmental stage because the City’s strongest argument as noted by the Arbitrator was that “to afford members comp days at the officers discretion has the potential of extreme results if too many officers want the same day off.” Predictable results could include a comfortable buffer between an officer’s request and the actual date of usage along with an increase of officers being ordered for overtime in advance…in similar fashion to a planned event. tively in a group and their interaction with one another is critical to both the successful conclusion of an incident and their physical well-being. Officers’ safety should not be compromised for any reason, never mind replacement overtime. Any refusal from the Department to honor a requested “training day” off should be forwarded to a representative to determine a course of action.

Supreme Court Decision

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t the time of submitting this article a decision has not been rendered regarding our educational incentive but another judgment was decided by the state’s Supreme Court involving medical coverage of legal immigrants in which the Court ordered the State to provide health insurance to legal immigrants. Commonwealth Care was budgeted this year at about 822 million which is approximately 150 million short.

Why is this important? From our perspective, the unanimous decision written by Justice Robert Cordy recognized the financial burden but said money could not factor in the ruling. “If the plaintiffs’ right to equal protection of the laws has been violated …then it is our duty to say so,” the opinion said. Hopefully that duty to view the plaintiffs’ right to equal protection of the laws extends to law enforcement across the State concerning the Quinn Bill statutory language.

ended up on the ground with the nature of the physical contact to terminate David.

The “Use of Force” charge stems from allegations made well after the incident in which the complainant alleges he was choked and urinated himself…suffering from symptoms of “petechiae” which is described as broken capillary blood vessels that can occur after choking, direct trauma, hard coughing, vomiting, crying etc. Dr. Arnold testified it can be caused by anything that raises the pressure in the veins to burst.

At no time did the complainant after arrest announce to the EMT’s, the booking officer, the Duty Supervisor at Area A who performed a head to toe inspection or hospital personnel that he was choked, neck was hurt, urinated himself or lost consciousness. There did appear to be a contusion or laceration on the right side of his head according to the records.

The “truthfulness” charge suggests an internal decision, resulting in termination, was not near where it needed to be almost a year after the incident. When the chronological timeline is examined, though the

facts didn’t change, the insistence for a termination finding did.

March 16, 2009 is the date of the incident. Internal interviews are conducted in mid-April of 2009, David’s includes 13 to 14 pages of actual Q and A. Within 2 weeks after the incident the complainant has retained an attorney for a civil suit and at some point David is deposed.

On February 14, 2010, a newly assigned Lieutenant at IAD is given the case in which up until this point (many months after the incident) there has been no finding. According to testimony, the Lieutenant is told that this is a high priority case that has been mishandled in the past (no translation needed). The reinvigoration of the case appears to be as a result of a letter sent from the complainant’s attorney. At some point the lawsuit has a 3.4 million dollar tag on it. February 18, 2010, 4 days later, Officer Williams is teed up and placed on Administrative Leave.

In March of 2011, David is re-interviewed, 2 years after the incident and 13 months after being placed on Admin Leave.

The initial internal interview of 13 or 14 pages is inadequate to meet the burden of termination, at least in front of an arbitrator. At the time of the initial interview there wasn’t a need to manage the outcome. The re-interview is conducted insisting on far greater frame by frame detail.

The predictability in finding conflict and omission in contrasting the 2 year re-interview with the initial interview is already in the can. After transcribed interviews are gathered, inconsistencies used to depict the incident get a predisposed look. The slightest variations were flagged and given the upgraded significance of the event along with the accused officer’s Department standing, the outcome had been finalized.

Final grading can generally run the gamut from “inaccurate reporting” (written reprimand up to 5 days) to “Truthfulness” (up to termination). Believing that David, after requesting assistance by means of an, “officer in trouble”, was trying to do anything but hand-cuff a non-compliant suspect is shamefully wrong. The future arbitration transcripts should be required reading at the Academy.

In April’s edition, certain aspects of the Firefighter’s last arbitration will be discussed since bargaining should pick up.

PAX CENTURION • January/February 2012 • Page A3

Treasury Notes:

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David Fitzgerald,

BPPA Treasurer

The first of many articles to come

his will be my first of many writing for the Pax Centurion since being elected Treasurer of the BPPA. I hope that you do not find my articles to be boring and filled with nonsense. I have no intention of writing only about financial issues since I am not well versed on that topic, at least not yet. I will attempt to write about topics that affect the membership and keep you all well informed of what is happening in and around the department and Association. I just ask that you work with me in these early stages and accept my failings as a writer.

Well to begin I want to start in the beginning. I would like to take this opportunity to thank you, the membership, for your vote of confidence and support in electing me as the Treasurer of this Association. It was a well, long fought out battle to win.

As most of you know there were three candidates and a total of two elections. Both elections were well participated by the membership. The first election had a total of 771 members vote while the second election had a total of 750 members vote. Some can feel that there should have been a better turn out for an election of the leadership and maybe they would be right. There are not many elections that affect the membership than voting for your four positions of leadership. In any event, in this writer’s opinion it was a nice turnout.

I also want to thank and compliment the other two candidates that ran for the vacated position. Steve Fabiano and Mike Leary both did an outstanding job in their attempt to win the position. Steve Fabiano, assigned to the Youth Violence Strike Force really had an impressive showing. His not being a current sitting member of the House of Representatives and receiving the number of votes that he did was quite impressive. Steve obviously has the support of not only his unit but of a great deal of our younger membership. As many of you may not be aware of, in accordance with our By-Laws, for a position of the leadership, one of the candidates needs to receive 50% of the vote that day. If no candidate does that then there is to be a run-off election between the top two candidates. That was the result of this recent election for the Treasurer’s seat. None of the three candidates received the minimum required percentage of votes on Friday December 16, 2011 so there was the need for a run-off. At the end of the Election Day, Steve Fabiano received about 27% of the vote, Mike Leary received about 34% of the vote and I received about 39% of the vote that day. As a result of these totals, Steve Fabiano was eliminated from the race. Once again to run for a position of leadership, coming out of left field so to speak, Steve deserves a lot of respect and a great deal of admiration. His ability to mobilize his supporters and get them to the polls has to be admired and he is well respected at this address.

Now we move on to the final and runoff election. The winner of this election, on Wednesday December 28, 2011, will decide who the new Treasurer of the BPPA.

The table had been set and it was off to the races. In what proved to be a very hard fought yet very clean and open election, I was able to win the position by a very small margin. On that day, Mike Leary received about 43% of the vote while I received about 57% of the vote. As it can clearly be seen it

ways been my belief that the bargaining committee should not be made up of the leadership. Our By-laws state that the bargaining committee is to be made up of the President, Vice-President and three members of the House of Representatives. Although I understand that in our By-laws

I would like to take this opportunity to thank you, the membership, for your vote of confidence and support in electing me as the Treasurer of this Association. was in deed a very well-contested election.

Both candidates had their supporters out and did the best they could do. It was never clear who was the winner until the last ballot was counted. I just believe that it is both fair and warranted to salute Steve and Mike on a race that was well run.

Now since becoming the Treasurer on January 19, 2012, my first order of business was to resign from the bargaining committee. It wasn’t an easy decision to make because I enjoyed serving on the bargaining committee and I liked knowing firsthand what exactly was going on with our contract talks with the City. My reasoning for resigning was simple though, it has al-

there was an amendment that states for the purposes of the bargaining committee that the secretary and treasurer are considered members of the House of Representatives.

Therefore it is legal and accepted that both the Secretary and Treasurer of the BPPA can run and sit on the bargaining committee. It is just in my heart that is not what our founding fathers had in mind when they were writing our original By-laws. In my heart I believe that the membership, not the leadership, run this union and the membership does so through the House of Representatives. That is why there is to be three members of the house along with the President and Vice-President. It is not to be lead-

ership along with one member of the House of Representatives.

This is not to say that my way of thinking is the right way or the wrong way. It is just my belief that I ran my campaign on my morals and my beliefs. I asked the membership to believe in me and to trust me and now that they have I feel that I need to support those morals and beliefs. As much as I enjoyed serving on the bargaining committee I do believe that now as I serve on the leadership it was time to step aside and do what is right and allow more members of the house to get involved and take an active role in this association.

In closing, I again want to thank everyone who supported my campaign and voted for me in one or both of the elections. I thank you very much for your confidence and submit that I will not let you down as your Treasurer. To those members who supported another candidate, I hope over the next three years I will be able to gain your confidence and support and you will be able to extend your vote to me in the future.

We are in the membership services here on Shetland Street, so please never hesitate to call or come down with any questions or concerns. Take care of yourselves and one another on the streets and remember, “Let’s be careful out there”.

“Untruthfulness” – it’s whatever the department says it is… (continued from page A1)

The suspect (who also is employed as a Middlesex County Sheriff…ain’t that marvelous while fighting with the cops..) claims “police brutality” and demands to be taken to the hospital because he “lost consciousness” during the arrest; that claim is somewhat dubious because Officer Williams says that the man was resisting arrest and screaming the entire time he was trying to place cuffs on him (apparently, unconscious people have an incredible ability to continue to fight with the police…). At any rate, Mr. Sheriff of Middlesex County later hires that marvelous attorney Howard Friedman, who, as most of you know, loves police officers and appreciates the work we do. And the story descends from there…

The charges against the suspect were dropped at arraignment in BMC and without Dave Williams even being notified.

Now, Dave has had some problems before, basically because he is/was a working street cop who made arrests. So at some point, at some level, a thoroughly political decision was made by someone in the legal department to throw Dave Williams under the bus and get rid of him. Doesn’t matter how many good arrests Dave has made in the past; he’s now a liability according to the paper-pushers in the legal department, and… well…something must be done.

So now enter our brave warriors in the Internal Affairs Division, they who pretend to be cops while spending most of their time on the phone calling their political benefactors to find out when their next upwardly-

Page A4 • PAX CENTURION • January/February 2012

mobile supervisor/detective rating would be approved by city hall. Their job is to do what they are told by the level above them, and the decision has already been made to sacrifice Dave Williams. So, in page after page of IAD transcripts, (which are laborious and tedious to read to say the least, but I muddled my way through…) IAD “investigators” cajole, coax, and convince “witnesses” to the incident to say that Officer Williams used a “choke hold” on the Middlesex County Sheriff who was resisting arrest, as opposed to what was actually happening: a struggle between an officer attempting to do his job and a man who was resisting that lawful arrest.

I don’t know about you, but I do know about Officer Dave Williams. If I was struggling on the ground with some drunken moron and called an “OT” (“Officer in Trouble”), I would love to see Dave Williams arrive to help. I know for a fact that the paper-pushing pansies in IAD (…damn it, there goes my application for transfer to INTERPOL or NASA astronaut training school, again…) will NOT be there to help.

And therein lies the problem, which should be apparent to any of us who actually do street-level police work. “Untruthfulness” is a thoroughly subjective term, which the department can interpret however it wants.

Our violent struggle with a resisting suspect can become their “choke-hold/excessive force”. When you’re struggling with a suspect trying to get away, it is virtually impossible to remember where your par-

ticular hand or arm was at any given second in time; all you know is that you’re struggling with a person and trying to get control. It’s not “untruthful” to not recall exactly where your hand was or wasn’t during every second of a violent struggle. But then, the heroes of IAD wouldn’t know that, would they…? “Four hours” is…well… four hours of overtime pay, isn’t it, (as the boss’ nickname goes?) guys? And it’s always best earned before or after the regular tour of duty when working street cops have to come in on their regular tour, right?....

Officers, any one of us, at any time of the day or night, can become Officer Dave Williams. A simple fender-bender, a domestic dispute, a parking ticket, or any one of those “routine calls” can quickly become a knock-down, drag-out fight with a mentallyderanged, drunk or angry person. BPD and City hall politics determine whether they’ll represent you or throw you under the bus.

The BPPA will, of course, fight to get Dave Williams his job back, but that will undoubtedly take years of legal gymnastics, arbitration, etc. etc. Once again, take a look at your wife, your children, your home…and then take a look at what they’ve done to Dave Williams and to many, many officers before him who thought they were doing the right thing and then ended up getting porked by a department more concerned with political correctness, appearance and pure politics than with doing what is right and good and proper.

And act accordingly….

617-989-BPPA (2772)

Secretary Spread:

Patrick M. Rose,

BPPA Secretary

Protecting ‘Brent or Buffy’ from themselves S

o here we are in February, getting ready for another Super Bowl Championship Game at work. Some would say it’s the price you pay for living and working in a first class city that spawns Champions. Others would say it comes with the job, so to speak; you have got to be aware that you will be expected to work these types of events.

Regardless of the sport, we have been mustered out year after year to insure social civility within the City of Boston’s borders. We are ordered to suit up and be ready to control the unruly masses, the unruly citizenry of our beloved city.

Or are we, it’s not the residents of Boston that we get the call for, it’s not the residents of Boston that run around like maniacs trying to burn down the city or scale the outer walls of the “green monster.” I don’t recall seeing any Boston residents trying to tip over cars or rip down street signs. I can’t recall any citizens of Boston being arrested smashing out store windows or acting out in a mob type mentality.

No, my fellow Officers and friends, you and I will be taking to the streets of our wonderful city to protect it from the visitors! The outsiders, the local college crowd that somehow thinks they have the God given right to destroy our city in act of celebration! The kids from Leominster or Athol, possibly Salem, New Hampshire or Portland, Maine visiting the ‘Big City’ to join the cheering college crowds that temporarily reside here, but hail from L.A., Chicago, Tucson, Atlanta, etc. You get the picture.

You will once again miss any chance of sharing this day with your family or friends because the local colleges cannot and WILL NOT control or put into place any controls over their student body. I’m sure if ‘Brent or Buffy’ were threatened with loss of scholarship funds and or expulsion from school, if caught, filmed, arrested or implicated in destructive acts during one of these events, that there would be no need to muster every available cop from Boston and surrounding communities. There would be no need to cancel personal time with your family and friends.

The majority of the threat and the majority of the problems always stem from and with the local colleges and their lack of control over their student population. The princes of academia will be the first to point fingers at us, they will be the first to cry foul.

However they will never step up to their responsibility when it comes to protecting this City and her citizenry from unruly, drunken fools that have somehow come to the conclusion that it’s okay to act out and be a fool, destroying other people’s property and jeopardizing other people’s lives all in the name of celebration!

Yes, we have heard the hue and cry from many members complaining that “just because METROLEC and NEMLEC are brought in is no reason to take my day off away. It’s no reason to cancel my Vacation Day. It’s no reason to screw up my plans”. www.bppa.org

Well sadly enough, that is exactly why we are all ordered in. Some years ago, the Department decided to start bringing outside agencies into our fair city for different events.

The Department would have you believe it was to supplement our staff and assist us

be a welcomed addition to your leadership team and I’m sure he will do the membership proud.

I am happy to announce the launch of our new ‘Web Site’. As promised the new site was launched the beginning of January. There are still a few things to tweak,

As far as bargaining goes, it seems that it is moving along at a snail’s pace. After all, we’ve only been without a contract for nineteen months, yup count ‘em, 19 months! if needed, however it was shown that the Department was benefitting financially from this arrangement by circumventing our overtime.

The Union then filed against the city and after it became clear to the city that they would lose the case, the city settled. The city and the Union entered into an agreement that the Department would not invite outside police resources into assist without first calling for a ‘Full Pop’, everybody gets ordered.

The Union Leadership, at that time, believed this to be the best way to protect your overtime, believing that the Department would rarely call for the ‘Full Pop’ due to the expense. If you know me, you’ve heard this before, I’m sad to say it again: “It seems like every time we win, we lose”.

Well back to business, As far as bargaining goes, it seems that it is moving along at a snail’s pace. After all, we’ve only been without a contract for nineteen months, yup count ‘em, 19 months! The only real news coming from that front is that we have added two new members to the bargaining team.

Chris Broderick (D-4) and Larry Calderone (E-5), were voted into the positions by your House of Representatives at the January meeting. Our new Treasurer: Duke Fitzgerald and I share a similar view that the committee should be made up with a majority of district, unit and or AREA representatives from the House. With that in mind, Duke resigned his bargaining seat and with Tom Pratt’s exit created two vacancies within the committee. The new committee makeup is: President Tom Nee, Vice President Ron MacGillivray, Chris Broderick, D-4, Larry Calderone, E-5 and Mike Leary, A-7. We wish them well in their endeavor to bring back a fair and equitable contract for all Patrolmen.

Speaking of Duke, I wish to congratulate him on his recent victory in the campaign for BPPA Treasurer. Duke, Mike and Steve worked very hard campaigning for your votes. They breathed some new life and a bit of excitement into the election process and brought out over 50% of the membership to vote. All three gentlemen ran a good clean race and are to be commended by all. In the end, the membership spoke and David ‘Duke’ Fitzgerald was elected and is your new Treasurer. David is a very experienced District Representative and will

but it is up and running. The site will remain a work in progress, hopefully keeping fresh and user friendly. The site gives you easy access to current minutes along with current events.

If you haven’t yet received your new password for access to the ‘Members Area’, please call the hall and speak with Annie Parolin to get a temporary password and start using the site. The minutes from both the Executive Board and House of Representative meetings are posted within days of a meeting and are your best source of information.

I guess the next topic to discuss is the ‘Quinn Bill’ status. We all know that the hearing was held before the SJC on November 8, 2011. The first rumor we heard was that we would hear an answer within thirty days and then sixty, (so much for that one).

The SJC Web Site now reads that “Most decisions are reached and reported within 130 Days”. As of today, while penning this article, there is no word from the SJC. However, the court is releasing opinions and rulings from other cases heard in the same time frame as the ‘Quinn’. We check the site daily and will report out on our Web Site the minute we hear any report whatsoever. It has now been two years since the original cut to your pay, hopefully the Judges rule on the side of Law and don’t allow local politics to influence their decision.

I would like to touch upon Paid Details

if I could. We deliver a professional product at a lower cost to vendors on a daily basis. We protect the public, ensure pedestrian safety and safely keep traffic moving thru construction zones.

We offer a visible deterrent to crime and provide hundreds of Officers a day to be available with a simple push of a radio button from the turret. These services are all provided at no cost to the taxpayers that reside within our city borders.

However, we are still under attack on a daily basis by the naysayers, the local media and inept politicians that attempt to use us as fodder in their game of words on a daily basis. I would ask that you take the time and make the extra effort in reporting on time in the uniform of the day.

That you inspect the issued permit to ensure that the vendor is complying with the requirements spelled out on the permit.

That when you traverse the city and see a site without a detail, that you take the time to call that AREA detail room to ensure they have been notified.

Do not assume that jobs have been called in, if I gave you the figures it would astound you. Furthermore, if you accept a Paid Detail understand that you are responsible for that detail. If for some reason you cannot perform the detail, you must call the AREA detail room or the District D/S, if after hours.

This not only ensures that the detail will be filled properly, it allows one of your brother or sister Officers with much needed work. It is no secret that we are under paid for the work we do and that Paid Details are a very important part of our income which allows us to provide necessities for our families. I am asking that you do all you can to please protect your work.

We are a very proud and hard working group of individuals that make up this great department, so please don’t let yourself or your brother Officers down. With all that being said, Please be safe out there, back each other up.

Quinn Bill/Contract Update

The best we can tell you as of today (2-29-12)…

By Jim Carnell, Pax Editor bviously, everybody is waiting to hear whether our (joint, with many other cities and towns) appeal to the Mass. Supreme Judicial Court regarding the Quinn bill will be successful. As you know, the State, under Governor Deval Patrick, reneged on a 40-year old promise to police officers to pay 50% of the Quinn bill costs to cities and towns for those who earned the required college degree. Some cities have had to assume the full cost because of Gov. Patrick’s refusal to pay the state’s share; other cities and towns have only paid their officers half the amount owed. Meanwhile, the SJC has issued a ruling requiring the state to pay $150 million to the cost of legal immigrant’s health care, because they

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had previously funded that mandate. If the same logic and legal rationale is continued, then our case should also be decided in our favor. After all, the Quinn bill/educational incentive has been around since 1970. But knowing the way that politics and jurisprudence (wink-wink, nod-nod) intersect in the Commonwealth, I’ll remain the eternal pessimist until I see differently.

We are also rapidly approaching two years without a contract or raise; obviously, the Quinn bill appeal plays a huge part in the city’s unofficial policy of delay, delay, delay; have another meeting about having another meeting, and pretending to talk seriously while not giving a damn. The city wants to know what their ultimate liability (continued on page A9)

PAX CENTURION • January/February 2012 • Page A5

Making a Difference

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617-989-BPPA (2772)

Building a department without fear

P-Day/ Super Bowl threats: Perhaps the BPD should start looking in its own mirror?

By Jim Carnell, Pax Editor hose of us who were on the job in the late 80’s and early 90’s, under thenBPD Commissioner Mickey Roache will remember “the five plaques”. These wooden, laminated plaques were posted in the guardrooms of every station, and contained various slogans and admonitions that were supposed to inspire us and move us to dedicate ourselves, heart, soul and mind, to the Boston Police Department. It has been rumored that China’s Mao-Tse-Tung and North Korea’s Kim-Il Jong sent congratulatory letters to the BPD and asked to copy the plaques for use in Pyongyang and Beijing. Every time I remember them, I feel like performing a synchronized goose-step march while waving colored ribbons in honor of the dear leader at 1 Schroeder Plaza.

The plaques were adorned with slogans such as “Partnership, Problem-Solving, Prevention” and “Our tools: Training, Technology, People”. But the one I remember most was “Our Goal: Building Neighborhoods Without Fear”. The reason I remember this particular exercise in quasi-communism within the BPD is the recent controversy about using P-days (personal days) during the Super Bowl. Many officers report that they have felt intimidated or threatened by upper-management if they were to dare use one of their contractual benefits on Super Bowl Sunday. (One district supervisor supposedly sent out an e-mail demanding to know for what reason individual officers needed to use a personal day; short answer: none of your business). Whether implied, real, perceived or imagined, the message has been sent forth from on high that using a personal day on Super Bowl Sunday would be tantamount to disloyalty and would be perceived by the egomaniacs adorned with politically-appointed stars, bars and feathers at headquarters as a personal insult.

Now, I know and freely admit that, as a union representative, I can’t be transferred and therefore don’t labor under the same threats as the average member. But when they threaten and intimidate people into not using their contractually-guaranteed benefits because they don’t want you to, I feel it’s incumbent upon me to exercise that right, whether I really wanted to or not. If they tell me “NO”, and it’s my right to do so, then I feel I’m obliged to do the polar opposite. We are approaching two years without a contract or raise, your health insurance costs are through the roof, and they continually implore us to do more with less.

Is there something I’m not getting here?

The reason the union fought for you to have the right to have four personal days every year is exactly that : they are YOUR days to use when YOU want them. There is no clause in the contract excluding certain days from being used as a personal day.

Whether it’s Christmas, Thanksgiving, the fourth of July, Labor day, or a special family cookout in August, you are entitled to use YOUR personal days whenever YOU want to. I remember one distraught officer I spoke with last year who was nervous and

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www.bppa.org

worried because he wanted to use a P-day at the end of August on the same day that, unfortunately, was also the annual Caribbean Festival parade. The officer’s daughter was going off to college for the first time, and as most of us know, it’s an emotional time that shouldn’t be missed by parents – ever, for any reason. Par for the course, the BPD honchos had sent out the word that taking a P-day on such an auspicious occasion would result in transfer, reassignment or even a really hard slap on the bum. I told him that on the day he retires, the BPD will not remember him fondly for doing traffic at Columbia Rd. and Washington St. on a sweltering August day, but he will regret not escorting his daughter to college for her freshman year.

The point is this: use your time when YOU want to use it, not when it’s convenient for the department. You and you alone know what days are important for you and your family. If your priority is trying to please the BPD, good luck to you. Many an officer has retired with hundreds of sick days (over and above what they could even cash in, as little as that is…) and then died a month after retirement. I don’t recall the BPD sending thanks for not using sick, vacation or personal days to the widow. If a

Super Bowl party with the kids is what’s important, use your contractual benefit. If Easter, Thanksgiving, Christmas or a family cookout on the last Saturday in August is important to YOU, then use that day for your mental health. Will the upper-level command staff be mad at you? Probably.

Will you lose your favored assignment, be broken up with your partner, or be transferred? Perhaps. Maybe. We have many good supervisors and managers in the BPD. But we also have some petulant, petty, small little men afflicted with egomania who have adorned themselves with medals, ribbons and other trinkets they believe they earned through a lifetime of public sacrifice. They conveniently forget about the contract that protected them when they were patrolmen.

“It was good for me then, but it’s bad for you now” is their mantra. “Take one for the Gipper”, they’ll tell you. “It’s for the good of the department”. Yeah, right… I’ve heard that one before. The higher the monkey climbs up the pole, the more you can see of his arse.

The department threatened their own officers with retribution, cancelled days-off for hundreds, and ruined officer’s personal lives…for what? So they could call in those suburban officers from NEMLEC and

METROLEC? You know, if I’m an officer from Mudville, Mass. who has Super Bowl Sunday off, and I volunteer to dress up in my Ninja-turtle gear with a six-foot nightstick and sit on a bus so that I can brag to the other 2 officers in the hometown guardroom how “I was called in to “help” the Boston Police with crowd control”…well, good luck, pal. You’re probably one of those cops who have had blue lights installed in your personal car at your own expense, too…am I right? Or maybe carry extra “flex cuffs” in the trunk, “just in case”????

So at a minimum, you will receive a “bad-boy” check mark in your file and be stricken from the BPD’s Christmas card list.

Your invitation to the Commisioner’s annual cook-out will be lost (again?). The “officer of the month” award is out of the question. You will be shunned by important people at headquarters who walk around with pieces of paper in their hands so that it looks like they’re doing something.

If the BPD really wants to “Build Neighborhoods Without Fear”, perhaps they could begin by not threatening and intimidating their own employees who simply seek to use a contractual benefit that they are entitled to use whenever they choose.

Wouldn’t that be refreshing?

Pax Editor Responds to Derogatory Patriot Ledger Cartoon Dear Mr. Granlund, As the editor of the Boston Police Patrolmen’s Association Pax Centurion, a fellow officer recently handed me a copy of your “cartoon” dated 11-22-11 from the Patriot Ledger. Please accept my apology for the lateness of this letter, as I do not read the Ledger and missed your cartoon.

I am respectfully requesting permission to reprint your cartoon in our February issue of the Pax as an example of what the elitist, liberal media ºactually think of police officers.

I, and many of my fellow officers, worked the “Occupy Boston” demonstrations while these rich, entitled, privileged college kids, (who largely hailed from wealthy suburbs such as Hamilton, Dover, Wenham, Newton, Brookline, etc.) pulled their temper tantrums in the middle of our streets. After seeing your insulting cartoon directed at the entire police profession, I wondered how Dave Granlund and his elitist liberal friends would have handled these unruly, often violent crowds? (Did you hear that the “Occupy San Francisco” idiots threw bibles and trash from rooftops at police officers this past weekend, and then “protested” by urinating on crosses, Dave?

No, I’ll bet not…). How would Dave Granlund handle having plastic bags of urine thrown at him, or being assaulted by aging hippies from Cambridge who think they have a right to disrupt traffic, inconvenience the public, and assault police offic-

ers? I think I already know the answer…

For your edification, Mr. Granlund, we have officers on the Boston Police Department who have graduated from Harvard, Princeton, Dartmouth and many other many other fine colleges and universities. I would wager that your average Boston police officer has more brains than, say, your average journalist or cartoonist. The difference is that we must use our brains making decisions in split-seconds while confronting violent, dangerous, angry people. Meanwhile, you and your fellow journalists, cartoonists, editorialists and other who make

their living insulting cops sit comfortably behind your computers. And I’ll bet that you make a hell of a lot more money than we do….

But again, I think that your cartoon is illustrative of exactly how the liberal elite feels about law enforcement. If I may reprint your cartoon, please contact me at jcarnell@bppa.org.

– James W. Carnell Editor, Pax Centurion BTW, cartoonist Dave Granlund did not respond.

PAX CENTURION • January/February 2012 • Page A7

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Page A8 • PAX CENTURION • January/February 2012

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617-989-BPPA (2772)

2011 sick time report: Command staff once again remains 100% healthy, while patrol force is sick!

By Jim Carnell, Pax Editor NCE AGAIN, the statistics are out regarding the use of use sick time within the BPD, and … (drum roll, please..) the BPD command staff remains completely healthy while the beleaguered patrol force continues to use sick time.

How that is possible is a continuing mystery. BPPA physician-emeritus, Dr. Vinnie Boombah, has once again asked the CDC (Center for Disease Control) in Atlanta to investigate. “It is indeed perplexing”, said Dr. Boombah, “how one group of employees, distinguished only by their political contacts and their self-adornment of stars, bars, and feathers, can be completely healthy and use no sick time while officers who answer radio calls and perform the down-and-dirty police work occasionally become ill and use their sick-time benefits.”

Patrol officers report that they have re-

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ceived letters from their respective commanders demanding to know why they used a sick day on such-and-such a date, or why they went over the so-called “contractual limit” of ten days per year before a doctor’s note was required. For their part, experienced physicians, such as Doctor Semaj L’Lenrac. (EDITOR’S NOTE: Internal Affairs Division: Do not attempt to spell this name backwards) of the Institute for the Study of Hypocrisy located at 1 Schroeder Plaza, have reported that the answer is really quite simple: “Patrolmen must call a particular number when they – or a family member – are sick”, said Dr. L’Lenrac.

“This number is 45, and then the number is doubled, which is 90. So combined, the patrol officer must call “4590” as a consequence of feeling ill. The command staff, conversely, simply calls “cutie-pie” (otherwise known as the office secretary) and lets them know that “I’ll be out of the office to-

Quinn Bill / Contract Update… (continued from page A5)

might be depending on how the SJC rules in the Quinn bill case. The BPPA bargaining committee, consisting of President Tom Nee, Vice President Ron MacGillivray, and A-7 representative Mike Leary, D-4 representative Chris Broderick, and E-5 representative Larry Calderone, continues to slog away at meeting after meeting. One of the major issues is – and must be – basic

parity with the firefighters. There is simply no logical, rational or defensible reason why a Boston police officer with equal time and experience as a similarly-situated firefighter should be paid approximately $16,000.00 less per year. We will keep you updated as events progress, but it is a frustrating process. It was in 1968 when the BPPA started, and it’s no different today.

day: call me on the cell phone if you need me…”.

The readily available gymnastic facilities, combined with the free car, free gas, free parking, cafeteria and other amenities available for the command staff at headquarters are also thought to play a role in the difference in “wellness” between the command staff and their favored friends and the otherwise chronically-ill patrol force.

“The patrol officers are disgusting pigs,” said newly-appointed Deputy Superintendent Kim-Il Jung. “If they would only engage in the synchronized dances with colorful ribbons in front of headquarters as we have previously taught them from training tapes filmed in Pyongyang, they would not need to call to call in sick and would remain healthy, considering the 2 ounces of rice and fish-heads we give them every day.”

Both Doctors Boombah and L’Lenrac agreed that the definition of insanity was

“requiring an officer who called in sick with a headache/upset stomach/family illness/ etc. etc. to obtain a doctor’s note three weeks after the fact”. “What is a physician supposed to write”, asked Dr. Boombah? “Patient tells me they had a headache or upset stomach three weeks ago, and now stupid department requires a doctor’s note saying headache is all gone three weeks ago? What am I supposed to write? How stupid is that?”

Stupid rules and regulations being the hallmark of the BPD, however, the requirement remains in place. The BPPA advises that if you are ill, come into work anyway and spread infectious and contagious disease amongst your co-workers. If your children or family members are ill, bring them into work, or drop them off at headquarters. A loving and caring member of the command staff will be there to assist you; after they leave the gym, take a shower, and finish eating, that is….

Attention: To all members of the Boston Police Relief Association – Active Duty or Retired If you need to change your beneficiary or you are not sure of who your beneficiary is you can contact the relief office at 617-364-9565. If you leave a message your call will be returned and if necessary the paperwork will be sent out to you. Thank you.

– William F. Carroll, Clerk Boston Police Relief Association

THE LAW FIRM OF SCOTT D. GOLDBERG, P.C. Assisting and Representing Police Officers Since 1990 RECENT CASE SUMMARY FACTS: Officer injured on-duty when police vehicle struck by suspect avoiding arrest.

Officer was disabled and collected IOD pay and medical bills were paid under c.41 s.111F. Officer recovered and returned to full duty.

CASE: Officer sought free legal consultation and pursued claims against the vehicle operator and owner – and under his personal auto policy – for lost detail and overtime pay, and compensation for pain and suffering.

OUTCOME: Officer received gross recovery of: $8,000 in Personal Injury Protection and $10,000 in additional medical payment benefits, $20,000 insurance policy limits for the defendant operator and owner, and $80,000 in Underinsured Motorist benefits.

ATTORNEY: Scott Goldberg If you have been injured you may have a case.

Attorney Goldberg provides free consultations.

The law firm only receives a fee if we recover compensation for you.

And we give police officers a 10% discount off our general public legal fees.

Contact Attorney Scott Goldberg at 617-227-1888 or scott@goldberglawfirm.net.

SCOTT D. GOLDBERG, ESQ. FANEUIL HALL 4 SOUTH MARKETPLACE BOSTON, MA 02109 617-227-1888

www.bppa.org

www.goldberglawfirm.net

800-349-1888

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www.bppa.org

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Will the Occupiers return?… (continued from page A1)

more anyway – at least when the group violating the law is politically aligned with City Hall and the State House. (Tea Party activists and conservatives are still required to obtain permits and obey the law, however…).

Later that night, the media reported that “the occupiers threatened to return to Boston on April 1st”. God bless them: please do. Since the last “occupation”, I have decided that “if you can’t beat them, join them” is the best policy. Give the City and the State exactly what they deserve, and they certainly deserve another dose of having Muffy from Medfield and Biff from Boxboro setting up shop on the Rose Kennedy Greenway, the Common, or the Public Garden.

In fact, I will be proposing that the BPPA donate $500.00 to the purchase of new tents and will assist (clandestinely, of course) in their erection whenever and wherever the occupiers choose. The poor, rich, college kids from Dover, Hamilton, Wellesley, Brookline and Newton have very limited camping skills, and I feel that (being a former Boy-Scout), I could be of assistance.

Since the occupiers were told to un-occupy a few months ago, the real professional bums have been suffering. They have been unable to steal wallets, computers and cellphones from naïve idiots who invited them into their tents. Their sex lives have also been greatly diminished, what with the lack of guilt-ridden, stupid college girls who

offered themselves willingly to the poor and downtrodden victims of oppression. And the drugs…Oh, the drugs! When was the last time one of our Pine St. or St. Francis House leeches enjoyed some good ‘shrooms or top-shelf dope like the rich kids from Harvard and MIT brought with them during “Occupy’s” glory days. Ah, those were the days, my friend, we thought they’d never end, we’d sing and dance, forever and a day…. (EDITOR’S NOTE: Please hold this thought while I take a few minutes to compose a song based on the previous sentence….)

So, occupiers, please come to Boston for the springtime. I’m staying here with some friends and I’ve got lots of room.

(EDITOR’S NOTE: Please hold while I compose another song.) The patrolmen and women of the Boston Police Department stand ready to serve you, and to hell with the overtime opportunities you will present around the clock, seven days a week. As I often say, the thanks and praise of a grateful public are all the payment I need. Personally, I miss the Sunday circle-dances with the crazy new-age music performed by graying, 80 year-old hippies from Cambridge holding hands with five-year old children forcibly brought there by their nutcase, liberal Newton parents. (Rumor has it that several level-three sex offenders have organized a new dance club in gleeful anticipation of the circle-dancer’s return.) I

Page A12 • PAX CENTURION • January/February 2012

miss the idiots from Concord and Arlington pulling up on Atlantic Ave,. blocking traffic at will, to drop off homemade food for the bums and the winos who stole it before the moron college kids knew what was happening. And there’s nothing like listening to the occupier’s “General Assembly” meetings where each and every dys-

functional psychotic and deranged windbag is allowed to pontificate for hours on end, while morons from Emerson and BU stand around nodding in agreement.

Please come back, occupiers. My peeps will have your tents all set up for you. (We rescued a few from the dumpster the last time we kicked you out.)

617-989-BPPA (2772)

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And they said that Occupy details were easy…

t approximately 2000 hours on Thursday December 1, 2011 Officers assigned to the Occupy Boston “tent city” observed what appeared to be a large kitchen sink type structure being dollied into the outer perimeter of the 600 Atlantic Street side of the compound.

Multiple officers assigned to Dewey Square including Sgt. Gannon, Wong, Bernazzani, Shaughnessy, Burke, McCarthy, assisted in stopping the sink from entering the compound.

A large group of protesters surrounded these officers yelling and chanting as officers stopped the sink from being brought inside. These officers were faced with continued verbal abuse, as well as battery, as the riotous crowd circled the officers not allowing the officers to perform their duties. Officers continuously made attempts to remove the sink from the parcel of land commonly known as Dewey Square, but they were drastically outnumbered.

On numerous occasions officers were struck with the dolly and sink as the protesters rammed it into the officers’ shins attempting to push it by the officers that steadfastly stood in front of the sink as directed.

Officers, early that evening, were instructed that no building materials were to enter the compound and to only allow food and clothing to enter.

The protesters maliciously and wantonly hindered the officers in their duty to keep

construction materials out of the Square as ordered.

At one point officers were directed to lift the sink and remove it from Dewey Square and to carry it to the marked police wagon that was located 15 yards from the sidewalk and on Atlantic Avenue; officers were continuously pushed shoved and interrupted while they attempted to remove the sink.

Officers were also punched and shoved as the focus was concentrated on removing the sink.

The crowd was estimated to be over a hundred people and assistance was called as the protesters continued to promote riotous type behavior by yelling and screaming in officers faces causing an unsafe volatile atmosphere.

Officers from mobile operations arrived to assist, even with the assistance from MOP officers, the BPD was still largely outnumbered and at a tactical disadvantage due to the climate of the crowd and the immediate threat of a possible riot. Officers considered it to be unsafe to make arrests as officers attempted to load the sink into the wagon and were met with constant resistance.

Officer McCarthy was struck by the sink repeatedly that a black male was pushing wearing a green colored button coat and black hair that was twisted on the top he

was known to the officer to possibly have the nickname, “Jamaica.” This suspect was approximately 6’0” in height and estimated 175 pounds. The suspect repeatedly pushed the sink into officers using the sink as a means to strike the officers. This suspect also threw himself on the road in the middle of Atlantic Avenue stopping the wagon from forward progress and causing potential injury to himself. Officer McCarthy demanded he get up and was warned twice before Officer McCarthy used the minimal amount of force necessary to remove him from lying in the middle of the street and removed him from the road as he aggressively turned to break free from Officer McCarthy’s grip at which point he ran away.

The most aggressive of the protesters was later identified as Rita Sebastian (DOB 12/ 25/1952) Sebastian was jumping on the sink and causing it to land on the officer’s feet

and attempting to pry Officer McCarthy’s hands off the sink as a group of officers carried the sink from the area. Once Officer McCarthy had created some distance from Sebastian she followed onto the sidewalk where she continued to push and shove him as well, as other officers using her body to hinder the sink’s progress towards the wagon.

Officer McCarthy was also shoved and pushed by a white male with dark brown hair, 5’10”, approximately 170 pounds, sideburns and a light complexion possibly identified as “Franklin” as the officer attempted to assist the wagon in leaving the area to secure the sink.

Another female that posed an immediate threat to safety was a white female heavier in stature with dark brown wavy hair about 5’6” in height, and weighing 155 pounds continuously hindered Officer McCarthy from removing people from the front of the wagon to remove the sink to a safe location. She was also joined by a female possibly known as “Robyn,” who insistently bumped and shoved officers while attempting the record the event on her cell phone. Robyn also heavier in stature is approximately 5’7” in height and weighs approximately 160 pounds.

Ultimately after additional resources arrived and tactical direction, officers were able to get the sink out of the area. However the crowd remained in the area causing a disturbance.

What is a Boston cop worth?

By Patrick M. Rose, C-11 he last issue of the Pax, under the ‘Secretary’s Spread’ article, I discussed our pay insofar as how we stack up next to the Boston Fire Fighters and the Massachusetts State Police. I pointed out the severe financial inequities between us, the bottom line is that we are currently over $16,000 a year behind the BFD and approximately $26,000 a year behind the State Troopers.

City and Town Police around us, laugh at our compensation plan. We are now 20 months without a contract with absolutely no relief in sight. I won’t even mention the ‘Quinn Bill’. Today, as I write this missive, it is reported out that the 30,000 members of the New York Trades Council A.F.L.-C.I.O. settled their contract negotiations a full five months ahead of the end date of their current contract, receiving a whopping 29% raise in base pay.

Joseph E. Spinnato, the president of the Hotel Association, said the hotel owners were pleased to wrap up contract negotiations amicably five months before the current contract was set to expire. “In a constructive and cooperative spirit, we were able to reach this early agreement, which is good for our members, the union and the City of New York”. The “typical housekeeper”, (not demeaning housekeepers, or their responsibilities, but they clean rooms and make beds, a difficult but not life threatening occupation), will be receiving $59,823.00 per year. They will also receive FREE MEDICAL, DENTAL AND OP-

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www.bppa.org

TICAL INSURANCE for themselves and THEIR FAMILIES, with NO COST (I said NO COST) to them or their families, Including CO-PAYS to Doctors or Hospitals. In addition to the raise and the free medical care insurance coverage, the Owners would increase contributions to an employee pension program to 10.5% of their total payroll (which is in addition to their social security contribution). A spokesperson for the Hotel Industry is quoted as saying “The industry values its’ workers greatly…”. Asked what concessions the union made in return, Peter Ward, president of the council, stated: “We didn’t give up anything!”

So what does a hotel housekeeper’s contract have to do with us, a Boston Police Officer? Everything, it goes directly to an occupations worth to their employer and society in general! Apparently, based on the compensation package offered by the New York Hotel Association, an A.F.L.-C.I.O. Housekeeper is worth more than the City of Boston believes a Police Officer is worth.

It’s simple math, A Boston Police Officer at Maximum Base Pay (up to nine years) earns $69,228.04 per year. At ten years it jumps to a whopping $71,485.44 a year and after twenty years it is $72,877.82 per year.

A Boston Police Patrolman pays $26.26 a week, (or $1332.34 per year), for their family dental plan (not offered by the city). As of this July we will be paying a full 20% per week of our medical insurance, (cheaper plan, some more), which will be the mini-

mum of $75.65 per week or $4,147.65 per year. As far as glasses or so called optical insurance, we have none, (so what is that worth?), and our co-pays for our prescription medication will increase to $10.00, $25.00 & $40.00 per depending on which tier drug it is. A visit to the Emergency Room for you or a family member will be $100.00 per! Should I go on?

Let’s take a look at the housekeeper. If you factor in the 10.5% above social security to a private pension plan, the ZERO COST of the housekeeper’s medical insurance package for themselves and their family along with their base pay, discounting optical insurance, (which I’m sure is worth decent money), also discounting co-pays for hospitals, doctors, emergency rooms etc., they are worth in direct compensation $71,584.91 per year with seven years on the job! Again, that figure will increase with every doctors visit, every prescription filled, every emergency room visit and eye exam to included glasses! Conservatively speaking, for a normal four person family household, another fifteen hundred dollars or so without the visits to the emergency room.

If we deduct those same costs that we have to pay to enjoy the same medical and dental benefits that the housekeeper gets for nothing, our nine year Officer now only receives $63,748.05 per year, our ten to twenty year Officer receives $66,005.45 per year and our Veteran Officer that has worked the City of Boston streets for over twenty years

receives $67,397.83 per year. That would be $4,187.08 a year Less than a City of New York Hotel Housekeeper!

When I speak of the disparity between the Boston Police Patrolmen and the Boston Fire Fighters or even the Massachusetts State Police, please understand that I am basing our salary on an approximate average of $73,000.00 per year, which of course you can see is inflated from the actual figure which is in some cases substantially less.

Just so that I am completely factual, the BFD contract shows a five year Fire Fighter at $88,874.86 per year base. The twentyfive year Fire Fighter shows at $89,830.82 per year base. So I’m sure that you can do the math. With respect to the Mass State Police, their education incentive is rolled into their base which is over $99,000.00 per year. Do not misunderstand, I firmly believe that both the Boston Fire Fighters and the Mass State Police fully deserve what they earn!

Now I know the old saying: liars figure and figures lie, however let me be perfectly clear: THESE FIGURES DO NOT LIE AND NEITHER DO I, THESE FIGURES ARE THE TRUTH! I do realize that the City of New York does have a higher cost of living, but I’m sure the housekeepers aren’t mandated by contract or ordinance to actually live within the confines of the city, such as we are for our first ten years of employment!

So, I will ask again, What is a Boston cop worth?

PAX CENTURION • January/February 2012 • Page A13

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The History of the Boston Police Department

By P.O. Robert E. Anthony, Chronologist, Boston Police Department Information obtained from research within and outside the Department he origin of the police department of Boston may be traced back to chapter LXV, of the Province Laws, passed in the year 1699, entitled an act “for Keeping of watches in towns,” in which it was “provided that in cases where no military watch was established justices of the peace acting with selectmen of the town, or in case the town had no justice of the peace, the selectmen alone should have authority to appoint and regulate the watch and preserve a ‘war’ also on the Lord’s day and week days if necessary.”

In 1761-62 the town of Boston petitioned the general court for authority to appoint its own watch, and an act was passed giving the selectmen the right to chose a number of the inhabitants, not exceeding thirty, to server as watchmen, This act was re-enacted in 1801, and remained in force until Boston became a city in 1822. The Charter then provided that the administration of the

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police should be vested in the board of alderman. In 1838, a special law was passed giving the mayor the power to appoint police officers, subject to the approval of the aldermen.

In 1701 the watch was ordered to carry a “hook with a bill” which in 1855 gave place to a police club, Canes were also carried, sometimes a light rattan and sometimes a stout hickory stick, until 1863, when the belts and long clubs were introduced.

In 1735 the watch was ordered to cry the time of night and state of the weather, and the custom did not cease until 1821.

Watchmen’s Rattles were adopted in 1796, and were retained until 1868. www.bppa.org

On December 12, 1825, Watchman Jonathan Houghton became the first Boston law enforcement officer killed in the line of duty. John Halloran, who was hung for the crime in March 1826, killed him on State Street. Watchman Houghton’s name, along with that of David Estes, who was killed in 1848, was recently sponsored by the department for inclusion on the National Law Enforcement Memorial in Washington, D.C. In 1838, the Day Police was formed; it had no connection with the Night Watch.

The Day Police operated under the city marshal and was composed of six officers.

In 1846, the force was reorganized, with 22 officers on the day shift and eight night officers. Also a Detective force was organized. A Small force for night duty appointed.

In 1847, a white ribbon, with the word “Police” in black letters was worn on the hat.

In 1848, a Leather hat strap, with the word “Police” in sliver letters, was adopted.

A reserve force (specials) of 45 men, appointed on June 16, 1848 In 1849, the officer’s number was added.

On June 1, 1850, the force numbered 30 men.

On July 17, 1851, a Detailed for duty at fires, with overalls.

On November 3, 1851, Patrolman Bernard “Barney” McGinniskin, was the first Irishman appointed to the force; he joined November 3rd, 1851. He was assigned to Division 4, but Marshall Tukey refused to assign him street duty. McGinniskin worked inside the station for about two years before Tukey fired him.

He was later rehired and then Fired in 1854 for being Irish Catholic.

In 1852, the office of the city marshal was abolished and the office of chief of police was created.

Francis Tukey, previously the city marshal, was then appointed the first chief of police.

On October 12, 1852, Several Officers Discharged on political grounds.

In 1853 the badge consisted of a six-pointed, oblong bass star, worn on the breast.

The “Watch” and “Police” departments remained separate until May 23, 1853 when an act was passed authorizing the city council to unite the two departments, which was done by an order passed April 19, 1854, and the new police department came into existence May 26 of the latter year. The appointment of police officers continued to be vested in the mayor and aldermen until 1878. The tenure of office was for one year only until 1863 when it was made permanent.

July 26, 1853, the Harbor Police was created in response to the increase in robberies of occupied vessels in the waters of Boston Harbor. They were furnished with rowboats and armed with Colt revolvers

becoming the first unit furnished with firearms. In 1875 a steamboat was provided, and in 1884 a steam launch was added to the department in 1896 and 1897 new steam boats were built for the department. Ten Men were assigned to the Harbor Police.

In 1854, the badge was supplanted by a five-pointed, octagon silver star.

January 24, 1854, Several Police officers discharged on grounds of nationality.

In May of 1854 the Nigh Watch and Day Police were disbanded, and the Boston Police Department was created.

Robert Taylor was appointed Chief of Police. On the very first evening of the reorganization, the entire force was called out to suppress the riot caused by the arrest of fugitive slave, Anthony Burns. At this time, the 14-inch club replaced the old hook and bill, which had been in use for 154 years.

The Central Office, as headquarters was known, was located at the Old Courthouse in Court Square. There were eight station houses, located at the following locations: Old Hancock School at 209 Hanover Street

in the North End; 21 Court Square at Williams Court; Leverett Street in the West End; the rear of Boylston Market at the intersection of Washington Street and Boylston Street; Canton Street Place in the South End; 194 West Broadway in South Boston; Paris Street in East Boston; and Lincoln’s Wharf, home of the Harbor Police.

May 1, 1854, Force numbered sixty Police Officers.

May 26, 1854, Reorganized, 250 Men: Watch Department abolished, Consisted of Captain, Lieutenants, Detectives, and day

and night patrol.

In 1856, an octagon silver badge, with number cut through, was adopted.

February 9, 1857, Sergeants appointed at the several stations.

On October 18, 1857, Patrolman

Ezekiel W. Hodsdon was killed in East Boston and was the First Boston Police Officer to be killed in the line of duty.

In 1858, Boston officers were required to wear uniforms for the first time. The chief wore a blue dress coat with tails, black pants, a buff Marino vest, and a black top hat adorned with a gold star in rosette. The deputy chief wore a blue frock coat, blue or black pants, a light buff vest, black top hat with a gold star or enameled leather. Captains wore blue dress coats with tails, a buff Marseilles vest, black pants, and a black top hat. Lieutenants and patrolmen wore double-breasted dark blue frock coats, dark blue pants, black silk, and a satin or cotton vest, depending on the season. Lieutenants wore black top hats and patrolmen wore black-billed caps.

November 10, 1860, Duty changed to a six-hour system at a time.

January 1861, Metropolitan Police, for Boston, advocated.

September 9, 1862, Special Police for the Public Garden, appointed.

December 11, 1862, Corner Squad, on Washington Street, with white gloves, organized.

April 3, 1863, Roxbury, annexation organized.

April 6, 1863, the last annual appointment, officers sworn in.

April 1863, a Metropolitan Police again advocated.

April 28, 1863, 200 officers drill at Faneuil Hall.

On June 20, 1863, the officers were supplied with 24-inch clubs, and belts. At this time, the officers did not officially carry firearms.

July 14, 1863, Draft riots in Cooper Street.

In 1865, upon the completion of New City Hall, the central office moved from the Old Courthouse in Court square and into New City Hall. In 1871 the Central Office was connected to all the station houses by telegraph. Prior to this, the only communication was by messenger. (continued on page A16)

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The History of the Boston Police Department (continued from page A15)

May 1, 1868, The Force numbered 400 Men, rank and file.

In 1868, the badge was a silver urn worn on the hat; later in the same year the badge was changed to the breast.

June 14, 1869, 300 drill at the Skating

Rink, Tremont Street.

June 19, 1869, Police Force Reviewed

by Mayor Shurtleff, on School Street.

September 22, 1869, Corner Squad, placed in charge of Sergeant Whitcomb.

February 14, 1870, Detective force abolished by Board of Aldermen.

July 12, 1870, Officers given fourteen days vacation.

December 31, 1870, Anders Telegraph Machine put up.

December 31, 1870, Harbor Sailboat sold.

In 1870, a facsimile of the city seal, in silver, was worn on the breast.

January 13, 1871, the Boston Police Relief Association was organized.

June 17, 1872, Police Force reviewed in Pemberton Square by Chief of Police.

Approximately 7:30 p.m., on November 9, 1872, the Great Boston Fire started. Patrolman Page of Division 4, who was chasing some boys on Lincoln Street, reportedly discovered the flames. He witnessed the fire at a building at 83-85 Summer Streets and sounded the alarm at Box 52, Bedford and Lincoln Streets. The entire force was called out to prevent looting and maintain order. The fire covered about 60 acres, destroying property valued at $100 million, including approximately 1,500 places of business.

March 13, 1873, First Mounted unit was established. One mounted officer was assigned to patrol Mill-Dam Road, presentday Beacon Street. This was so successful that by 1874 there were 28 mounted officers on duty in the city. In 1874 the Protector, the department’s first steam-powered vessel, was put into service, after the department’s sailboat was sold in 1870.

In 1875, station houses began distributing free soup to the poor and turkeys for

Thanks giving. These charitable activities continued until 1888. In addition, station houses had been offering simple lodging to indigent persons since at least 1858.

In 1878, the office of chief of police was abolished and the Board of Police Commissioners was created. The mayor appointed the three commissioners. The superintendent of police was the executive officer. In 1878 the first telephones were also installed into the department.

In his book Boston Events, Edward Savage records that in 1879 the first “colored” officer was appointed.

Sadly, he did not record the individual’s name and it remains unknown and until it was uncover by the Archives and Chronologist of the Boston Police Dept in 2010. . The First Black Police Officer was appointed Horatio J. Homer on Dec 25, 1878.

He served until Jan 1919. The 2nd documented African-American Boston police officer was Harvey B. Yates, who was hired after the strike in October 1919. He served until 1956.

In 1879, the Radiator badge now worn was adopted.

In 1883, the central office moved into new quarters at 37 Pemberton Square. The steam launch, named Patrol, was also put into service.

In 1884, the city council voted to provide the officers with firearms. Seven hundred Smith & Wesson .38 double-action break-open auto-ejector revolvers were purchased at a cost of $9 each and distributed to the officers. The guns had 3.25-inch barrels with black hard rubber grips marked “BPD” on the back.

In 1885,, the power to appoint the Board of Police Commissioners was transferred from the mayor to the governor. This established a board of police, three in number, appointed by the governor and confirmed by the executive council.

In 1886, after approximately five years of trials at various divisions, all the divisions were equipped with signal boxes by the Municipal Signal Company. These signal boxes allowed patrol officers to contact the station houses.

1887, by an act passed a provision was made for a force of reserve police officers, and all men were required to serve for at least six months on that force before becoming eligible for appointment on the regular force.

1887, The police signal service was also established by another statute.

In 1887, matrons were appointed at station houses, under the Acts of 1887, chapter 234, which provided for the appointment of police matrons in cities and established a house of detention for women in the City of Boston. These were the first women employed in a law enforcement capacity by the department. They had no powers of arrest but served as guards for women and juvenile prisoners.

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In 1896, four park police officers (who were later merged with the Boston Police) were equipped with bicycles, beginning a long tradition of Boston officers on two wheels. In addition, the new harbor patrol vessel, the Guardian, was commissioned November 8, 1894, The Police Commissioner orders that six Red Lanterns be placed at all police Stations to be used by patrolmen as danger signals when occasion requires. Commissioner Whiting drew the attention to this when Patrolman Hoses of Station 3 had at the corner of Charles and Cambridge Streets, when about 25 telegraph wire fell across the trolley wire and made the thoroughfares in that vicinity so dangerous. A Milk Horse was killed by coming in contact with the wires. The patrolman was unable to warn the Milkman of the danger, as the wind was so strong that he could not be heard.

The Early 1900s

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new uniform was introduced around 1900. It consisted of high-necked frock coats, above which protruded a winged collar, with a polished leather belt adorned with a buckle bearing the city seal. The officers wore high domed helmets, grey in the summer and navy blue in the winter.

In 1903, the nation’s first motor patrol was established in Boston. A Stanley Steamer automobile was purchased. Driven by a civilian chauffeur, the officer sat on a higher seat so that he could look over the high backyard fences in the Back Bay. By 1906 the department owned five automobiles, four one-seaters and a larger one for department officials.

On May 9, 1906, Patrolman Andrew B. Cuneo was the First Italian-Born Boston Police Officer Appointed to the Boston Police.

In 1906, Chapter 291, Acts of 1906, the Board of Commissioners was abolished. There was now a single commissioner appointed by the governor, with the advice and consent of the council, for a term of five years. Under this act the police commissioner has “authority to appoint, establish and organize the police of said city and to make all rules and regulations for its efficiency.” The same act provide for the appointment of a licensing board of three members, to which was assigned the duty of issuing certain licenses previously under the control of the board of policy, for the sale of intoxicating liquors, for inn holder, common victuallers, picnic groves, skating rinks, intelligence officers, billiard tables and bowling alleys.

1912, the first motor patrol wagon was established.

1912, Two Boston Police Officers from

the Back Bay Station started to use Motorcycles for patrol and the Department found them to be very useful for police work. This was the establishment of the Motorcycle Unit.

1915, Motorcycles were purchased for the Boston Police Six (6) Indian Cycles were purchased from George N. Holden the Boston Distributor of Indian Motorcycles and added to the two that were being used.

In 1919, Boston’s police officers had formed a social club, since forming a union was forbidden by department rules. Unhappy with their pay and general working conditions, the members of the social club petitioned the department for a raise. Rebuffed, they joined the American Federation of Labor, becoming Boston Police Union Number 16,807. Commissioner Edwin Curtis dismissed John F. McInnes, the president of the union, and 18 other leaders of the union. In response, on September 9, more than 1,100 of the department’s 1,500 officers went on strike. Those officers were judged by the commissioner to have abandoned their duty and were dismissed. They were never reinstated. In order to protect the city, volunteer police officers were recruited, the metropolitan police were called to duty, and eventually the Massachusetts State Guard was called in to restore order. After the strike, the newly hired officers received all the benefits the strikers had sought to gain, with the exception of forming a union.

On August 13, 1921, Patrolman Andrew B. Cuneo the First Italian Boston Police Officer is killed on Hanover Street.

He is the First Italian Boston Police Officer killed in the line of duty.

In 1921, the department hired its first female police officers. They worked with women and juveniles and did not have powers of arrest. In 1926 a new headquarters

building at 154 Berkeley Street was occupied. In 1931 the first Boston Police School was established.

1922, The department issued the new Clam Shell badges to all officers.

On July 7, 1930, The Department established the First Police Photographic Unit; the Department will do their own photography, rather than be depended upon a private photographer, Police Commissioner Eugene C. Hultman was behind the move, 617-989-BPPA (2772)

BOSTON POLICE COMMISSIONERS the unit members were Patrolman Daniel The Modern-Day J. Donovan, Robert P. O’Hara and Boston Police Francis R. Sullivan. The office will be based out of Headquarters, where they will Department: take pictures of all arrested criminals and 1990 to Today develop their plates. The Officers will also n 1992, Boston became one of the first be required to go on raids and take action cities to embrace the community po pictures of speakeasies and their patrons for licing philosophy department-wide. In use as evidence in court.

Boston, community policing means a By 1934, there was a one-way radio sys- three-pronged approach of prevention, intem in service, with cars being equipped tervention, and enforcement. This philosowith receivers only. All dispatching was phy remains the foundation of the departdone from headquarters. By 1936, cars were ment to this day. equipped with receivers and transmitters.

In 1997, the department moved its headThe signal service system was retained un- quarters into One Schroeder Plaza, a new, til 1968. state-of-the-art facility named in memory In 1943, the Crime Prevention Bureau of brothers Walter and John Schroeder, was created. The main objective of the Bu- two Boston officers who were killed in the reau was to “meet the pressing problems of line of duty. juvenile delinquency.” The women who In 1998 the department’s crime lab bewere hired in 1921 were transferred to this comes the first nationally accredited public bureau and given forensic DNA analysis laborapowers of arrest. In tory in New England.

1948, Margaret On February 19, 2004, McHugh became the Kathleen M. O’Toole became department’s first feBoston’s first female police male detective. She commissioner. retired in 1959.

In 2004, the department was 1959, The present the lead agency in securing the day Badge is Issued to Democratic National Convenall officer with Patroltion that year. While past conman, Detective, Serventions have seen large, somegeant, Lieutenant and times violent protests, the 2004 Captain written on the DNC was a safe and peaceful bottom. Silver for Paevent, resulting in only four artrolmen, Gold for Derests and no episodes of seritectives, Sergeants, ous disorder.

Lieutenants and Cap- Sgt. Daniel W. Donahue Also in 2004, the departBPD, 1919-1963 tains. ment adopted a new set of eyeIn 1962, the Tacti- District 14Photos courtesy of witness identification proceP.O. Bradley J. Donahue, MOP cal Patrol Force was dures, including sequential preestablished in resentation of photo arrays and sponse to student and racial unrest and to blind administration of photo arrays and respond to unusual or sudden emergencies. lineups. In doing so, Boston became one of The power to appoint the police commis- the first major metropolitan police departsioner was transferred back to the mayor. ments in the United States to commit so In 1964, the K-9 Unit was created. This strongly to improving the reliability of eyeunit was begun with six dogs donated by witness evidence.

German reporters grateful for the cooperaIn 2005, the Boston Regional Intellition they had received from Boston offic- gence Center (BRIC) is launched. The ers in their coverage of the Boston Stran- BRIC combines sworn intelligence officgler murders. They also paid for the chief ers and civilian crime analysts to provide dog trainer of the Berlin Police Department Boston and other regional law enforcement to teach Boston’s officers how to work with partners with up-to-date information perthe dogs. taining to crimes, crime trends, and the In 1965, the Boston Police Patrolmen’s people perpetrating those crimes.

Association was founded. Thirty-three years Today’s Boston Police Department is later the BPPA would receive American different from that of 150 years ago or even Federation of Labor Charter Number that of just 20 years ago. Today’s officer’s 16,807, the very one that was issued to the use advanced forensic, identification, and Boston Social Club in 1919. Superior of- communication technologies. But the misficers and detectives later formed separate sion of the Boston Police Department is the unions. same as it was in those early days, when In 1972, the Boston Police Academy be- officers carried only lanterns and hooks and gan admitting women. called the hours. The Boston Police DepartIn 1974, with the advent of court-ordered ment dedicates itself to work in partnership school busing, the Mobile Operations Pa- with the community to fight crime, reduce trol was created. The squad was composed fear, and improve the quality of life in the of officers on motorcycles, able to respond neighborhoods. Its continuing mission is quickly to disturbances and restore order. community policing.

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www.bppa.org

SINCE 1878

Henry S. Russell July 8, 1878 - March 1, 1880

Charles H. Cole, Jr. May 1, 1905 - June 4, 1906

Samual R. Spinney July 8, 1878 - May 3, 1880

Stephen O’Meara* June 4, 1906 - December 14, 1918

James M. Bugbee July 8, 1878 - May 5, 1879

Edwin U. Curtis* December 30, 1918 - March 28, 1922

Henry Walker May 5, 1879 - April 21, 1882

Herbert A. Wilson April 3, 1922 - May 5, 1930

Edward J. Jones March 26, 1880 - April 21, 1882

Eugene C. Hultman May 7, 1930 - December 27, 1934

Thomas J. Gargan May 3, 1880 - April 21, 1882

Joseph J. Leonard December 27, 1934 - February 23, 1935

Thomas L. Jenks April 22, 1882 - July 23, 1885

Eugene M. McSweeney February 23, 1935 - November 25, 1936

Nathaniel Wales April 22, 1882 - July 7, 1885

Joseph F. Timilty November 25, 1936 - November 26, 1945

Benjamin D. Barley April 22, 1882 - May 6, 1883

Thomas F. Sullivan November 26, 1943 - August 26, 1957

Michael P. Curran May 7, 1883 - July 23, 1885

Leo J. Sullivan September 5, 1957 - March 15, 1962

Albert T. Whiting July 2, 1885 - May 6, 1895

Edmund L. McNamara May 1, 1962 - May 31, 1972

William H. Lee July 23, 1885 - May 28, 1894

Robert J. Di Grazia November 15, 1972 - November 14, 1976

William M. Osborne July 23, 1885 - April 30, 1893

Joseph M. Jordan November 15, 1976 - 1985

Robert F. Clark May 1, 1893 - May 4, 1903

Francis M. “Mickey” Roache 1985 -1 993

Augustus P. Martin May 28, 1894 - May 1, 1899

William J. Bratton 1993 - 1994

Charles P. Curtis, Jr. May 6, 1895 - May 1, 1905

Paul F. Evans 1994 - 2004

Harry F. Adams May 1, 1899 - June 4, 1906

Kathleen O’Toole 2004 - 2006

Williams H. H. Emmons May 4, 1903 - June 4, 1906

Edward F. Davis, III 2006 - Present

PAX CENTURION • January/February 2012 • Page A17

Page A18 • PAX CENTURION • January/February 2012

617-989-BPPA (2772)

They Served With Dignity and Honor We Shall Not Forget Them

Police Officer William P. Quinlan

Police Sergeant Charles Essenheimer

December 9, 2011

December 27, 2011

Police Officer Ernest A. Pugsley

Police Officer Samuel L. Bowden

Police Detective Fred P. Speranzo

Police Officer William E. Towns

January 3, 2012

January 3, 2012

January 10, 2012

January 17, 2012

Police Officer Joseph S. Kalutkiewicz

Police Captain George F. Greene, Jr.

January 22, 2012

January 25, 2012

We apologize for any errors or omissions. www.bppa.org

PAX CENTURION • January/February 2012 • Page A19

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Page A20 • PAX CENTURION • January/February 2012

617-989-BPPA (2772)

PAXCENTURION Section B Fed up with politics

By Mark A. Bruno s it me, or do the Republican debates look like a bunch of little kids calling each other names? I’m waiting for Mitt to tell Newt that his mother wears army boots.

With most Americans looking for an answer, the Republicans put forth a clinking, clanking collection of caliginous junk. The only person that I was interested in was Rick Santorum. Why? Because he was the only one running on the Republican ticket that supports organized labor. The rest of the crowd all support Right to Work. We all know I hope that Right to Work means unionbusting in a nut shell. I hope everyone is paying attention because some hard choices must be made.

Mitt Romney, as Governor of Massachusetts, signed the healthcare for all law which is now the national model for the country. Rick Santorum hit the nail on the head when he cited that those in Massachusetts without healthcare are fined. Mitt had no answer for this, or none that were acceptable anyway. He also rolled back the state income tax from 5.9 percent to 5 percent. This would have been fine, except he proceeded to raise every fee he could. This ranged from increased Registry of Motor Vehicle fees, to real estate tax increases, school bus fees and many others. This empty suit that has bankrupted companies and plundered retirement benefits for many does not deserve to be heading the Republican Party on its march towards the White House. If this is the best we can do we are in trouble. He is the 1 percent that has his money in Swiss bank accounts, and has used tax-loopholes to his benefit. I have never heard a union run company say that Mitt is their man. Please tell me this is not the person we are choosing to run for President!

Newt Gingrich is another union hater.

I’m sorry if this offends some of you, but I cannot bring myself to vote for anyone that states they are anti-union. I stated before in many of my articles that I would vote for those who protected my interest, and that of my family. I will never vote for our current Democratic Governor ever! He singlehandedly has cost me almost fifteen thousand dollars in cuts to my pay, and increases to my healthcare. I would never vote Mitt for Governor either. As I said before, I will vote only for those who have my interest and that of my family and union.

Our country is at a crossroad. Some of us do not like the current leadership of our government, but unfortunately there is no one that has stepped up that looks like they would be a viable candidate. As a proud union member I would vote for Rick Santorum because of his support toward unions. Unfortunately he may not make the cut. I don’t mind voting Republican, but I will not bite my nose to spite my face.

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HEARD ON THE HILL

By James Barry, BPPA Legislative Agent

Thru No Fault Of Our Own

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start my day now by getting a cup of coffee and going online to check the SJC reporter page and then go onto the slip opinions in order to look for the answer from the Justices to the Quinn wage payments. The Boston Globe has weighed in with an editorial.

I hope the SJC seeks better sources to learn the real impact of this injustice played out on local police officers throughout the Commonwealth. Brian Decker did a great job presenting the case.

As local cops on the streets of our cities and towns answering the emergency 911 calls, we work hard keeping up with the economic and social impact of this brave new world we live in. With these hard times unfortunately comes more danger and more work. Of course that comes with the territory, we signed up for it when we took our oaths to protect the public. We know the job is tough, it has always been a tough job. This job was tough 30, 50, 100 years ago. Times have changed, but the job is pretty much the same. But we go out and do that job everyday, no mater what, 24/7/365. No moaning or crying over that, we knew that score going in.

What we didn’t know was government would renege on the deal and unilaterally cut our wages. Local police officers wages have been cut back and then unfairly never restored. I, like many other police officers, took a cut in the neighborhood of $10,000.

Yes, we had a major economic crisis and yes we took that hit. I know we are not out of the woods yet. But times are better and the legislature and governor have made no move towards restoring even a portion of our wages. The Governor’s budget 2013 has zero allocated for Quinn Bill. Three years of zero or near zero funding. A wage cut like no other profession in the commonwealth’s public safety community. We never imagined or ever thought we would see the established elected officials turn their backs to us and not restore the full funding after the crisis lessened. Continued zero funding is an injustice sent upon people who work for just outcomes. It breaks the compact we had with the Commonwealth, our departments and communities. Most of us in order to qualify for Quinn educational benefits had to return to school, we sacrificed our time, energy and money to get that degree for better, higher wages. Our departments and communities got a better police officer as a result.

I still personally owe $28,000 for my own student loans. I pay that student loan bill every month to Sallle Mae. Along with the other bills we all share, rent or mortgage payments, kids, food and utilities. The compact that Quinn had with me was to get this degree and serve the public as a better police officer. I complied with mypart and I pay for that privilege every month. I ask and seek justice every morning over coffee, as I wait and watch for the SJC to grant us relief.

Governor’s Budget

T

here is no surprise that Governor Deval Patrick’s budget contains zero funding for the Police Educational Incentive known as the Quinn Bill.

The Governor hasn’t actually been a supporter of local police in general. We all remember his flagmen efforts just three years ago. This program has been proven to be more expensive and less safe than utilizing police officers on road/traffic control at construction zones. Yet just another example of the lack of respect this governor has had for our profession.

Massport

T

he BPPA, BPDBA and BPSOA, along with Mayor Thomas Menino, Senator Jack Hart, Representative Nick Collins and City Councilor Bill Linehan are all working in co-ordination for legislative resolution for Boston Police Officers to have concurrent jurisdiction on Massport Property within the City of Boston. The current situation in the seaport district of Boston is a disaster waiting to happen and needs to be resolved immediately. Nowhere in the country does this situation exist.

Crime Bill?

R

eforms for the sake of prison overcrowding? We are urging the legislature to fix what is broken, but don’t throw the baby out.

The House and Senate are now negotiating an omnibus crime bill and are hopeful to reach a compromise with language acceptable to both branches. One of the trade-offs in the bill appears to be drug distribution within a school zone distance. Current law is 1,000 feet, the negotiations could bring this zone down to 250 feet of the school. There appears to be a move to reduce amounts necessary to trigger minimum mandatory sentences. This effort is being driven by the governor who has threatened a veto if “reforms” were not included. We continue to make our position known and work to keep reasonable school zones and drug weights in the legislation. For these reforms the legislature appears ready to give three strikes for violent offenders. www.bppa.org

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Veterans’ Corner:

W

Patrick M. Rose, C-11

On streamlining our armed forces

ell here we go again! The most recent reports from the White House and the Pentagon informing us on how we are going to “Stream Line” our Armed Forces. I love the wording, they report out to us that the military is going to “upgrade its weaponry” or “the type of warfare we are engaged in no longer requires the amount of manpower we have”. The best one is “The past decade has proven to planners that we no longer need the Infantry Force that we have relied on in the past to win battles”. All of this so they can mask the fact that we are dumping over 100,000 troops, military personnel and their families, but the real reason is the COST. That’s right, this has nothing to do with military strategy and this has nothing to do with the military’s mission or the development of new weapons. No my friend, this is about shrinking our military, once again.

Every time in the past Thirty Years that a Democrat has occupied the White House, he has cut the military. Even though their politics have made this country more vulnerable than ever putting our citizens in more danger than ever, they try and sell the public on a “smaller more efficient military”.

Of course it has absolutely nothing to do with trying to fund their socialist agenda; it has absolutely nothing to do with shifting funds from our necessary defense to special interest that support the Democratic Party, No of course not (sarcasm intended!).

As far as factual arguments about the “type of warfare” we have been engaged in, give me a break! A million dollar ‘smart bomb’ doesn’t enter a cave in the hills of Afghanistan and rout out the enemy, a multimillion dollar unmanned drone doesn’t go house to house searching through basements and attics to uncover and neutralize terrorists, a one and a half million dollar cruise missile doesn’t low crawl through sewer systems and trenches to rout the enemy in villages packed with woman and children, no my friends that is the job of the Infantry.

That is the job of the Marines and Soldiers who are in boots on the ground carrying a long rifle and a side arm, lugging an 80 pound alice-pack strapped to their back.

I don’t know what wars these supposed analysts and experts have been monitoring for the past ten years, but the so called modern warfare that we have been conducting for the most part has been with good old fashion Infantry and Armor Troops, along with Special Forces which are picked from and groomed from the Infantry Soldier.

The Pentagon and Leon Panetta can attempt to sell us the BS story about a “smaller, more efficient military” ‘til the cows come home, it doesn’t make it true.

What is going on here plain and simple is the Democratic (AKA: New Socialist) agenda of forcing our military to combine with other countries to become the ‘World Society’. www.bppa.org

To place our military into a position that we are forced to ban together with other countries to make up the force large enough to protect our interest or fight the future wars. Because, if we keep on this track, that started in 1977 with Jimmy Carter and was re-enacted by Bill Clinton of this “Peace through Diplomacy” or “Mutual supporting Forces” BS, I can assure you that we will definitely end up in other very real war.

The current administration would have you believe that we can achieve some type of ‘Nirvana’ type existence with the likes of a Mahmoud Ahmadinejad of Iran or his Ayatollah Ali Khamenei through “Diplomatic Means”. That we can oust a Bashar al-Assad of Syria with talk of diplomacy and economic sanctions, is an absolute joke!

Jimmy Carter should have stormed into Iran 32 years ago and took it back, but no.

We believed that Diplomacy was the key and it failed, not until Ronald Reagan took office on January 20, 1981 were our citizens released. Literally minutes after being sworn into office, Reagan received a call that all of the hostages were released.

Do you think that was through diplomacy or because the leaders in Iran knew full well that the new American President would immediately send the U.S. Military in to level the place into a parking lot! We have come full circle; Jimmy Carter again resides in the White House in the form of Barack Obama. The President is currently in the midst of “Streamlining” our military strength as he tries to convince us and the world that we can achieve peace and happiness through Diplomacy. He reassures us that we can work with other countries for “Mutual Aid”, but stands mute on the current crisis building once again in the Falkland Islands between Great Britain and Argentina, not a big deal?

Stay with me on this, we haven’t used the military to intervene in Iran, (who has threatened to “wipe Israel from the face of the earth” “to annihilate every Jew” and who’s mullahs have claimed that they will “destroy western influence in the region, regardless of the cost”) or to upset their current push towards developing nuclear weapons. But still speak of building this world military that will protect our mutual interest. We don’t even understand in the midst of the Arab world, this country Iran is PERSIAN NOT ARAB, and the possible ramifications that an Iran-Syria partnership would create in the Arab world! We allow them to spread their sphere of influence globally and do nothing!

I wrote a couple of years ago about Russia and soon to be President for life Vladimir Putin and his plan to put Russia back on par with the US Military. I’ve written about China and their goals, but we keep spouting this BS about shrinking our Military and “working with other nations for our mutual benefit and protection”. This very week, Russia and China teamed up in the U.N. and sank any effort to impose any more

economic sanctions against Syria! Iran, (the Persian Empire) is in bed with Assad’s (Arab) Syria and that doesn’t trouble us?

It is a well known fact that Iran not only arms, but directs the actions of Hezbollah who is the only power in Lebanon along with Hamas who control the Gaza and threaten to take the rest of so called Palestine, (sound like a problem for our ally Israel?).

Iran has an open trade policy with Venezuela and is currently working deals with Cuba, Ecuador and Nicaragua. Does anybody else see a trend here?

Our brilliant administration keeps touting the down-sizing of the military. Just who are these other countries going to be that link up with us to for this “Mutual Aide Military Pack”, who will lead this Great Military Force? Let’s see, we are not helping our ally Great Britain in South America, We are not helping our ally Israel in the Middle East, China and Russia are playing patty-cake with each other. Canada is too busy taking our jobs through NAFTA, South America is being courted by Iran, Japan doesn’t have a military and is too busy buy-

ing up what’s left of our country, South Korea is a little too busy, preparing for North Korea’s invasion, to venture away from home, Germany is broke and France is well, France!

I don’t mean to sound like an alarmist, but are you SH-T-ING ME? I mean come on, I’m just a retired Military Officer that reads the paper, watches the news and follows world politics, what the hell is going on with the so called advisors to the President.

If I can see the impending doom or possible devastation that is hovering just above us with inaction by our military why can’t the people in power? Or is it, part of the plan, force us to ban together with others and lose our sovereignty? I’m only posing the question, but people of America wake up and see what the heck is going on around us, speak up, call Congress and voice your opinion.

Do not allow another down-sizing of our Military. Clinton’s actions of down-sizing set events in motion that led to September 11, 2001.

Don’t let it happen again!

Just entertain me!

By Kevin Doogan s the political arenas around the country heat up to a fevered pitch, I am reminded again and again how weak minded and apparently easily swayed we must appear to be. We have reached that point on the campaign trail where clowns from our entertainment field profess to have the answers.

Now don’t get me wrong, I’m not beyond taking informed, intelligent opinions on subjects from anyone. But I believe the information should come from a person of experience in the field from which they profess to possess knowledge. Sounds reasonable, don’t you think? What I can’t abide by is our entertainers professing their political opinion in a public forum supplied to them by their celebrity status.

Make no mistake, I’m a huge Bruins fan and I admire Tim Thomas’ prowess in the goal mouth and I also respect his personal decision not to go to the White House. But what I can’t get behind is his publicized political rationalization for not going.

Who cares why you didn’t go? Keep your opinions to yourself, you pompous arrogant fool!

If you didn’t want to go, just don’t go, say “sorry I had other plans, I just couldn’t make it”, simple as that. You’re an entertainer, period, that’s it.

As an American citizen, sure, you can voice your opinion but I’m sick to death of donkeys like yourself who have been blessed with a gift and embraced by the public and you spin around and betray our admiration by spouting off at the mouth about your politics.

Look you are clearly a gifted athlete and I’m sure folks have been kissing up to you since you first emerged as a proficient player but don’t believe the ass kissers surrounding you, you’re just a goalie.

If politics are your passion then hang up the skates and run for office, become writer for a newspaper, aside from that, shut up and entertain us.

This ranting isn’t just directed at Tim Thomas, he just happen to be the latest moron in a long line of arrogant self absorbed idiots that think we give a crap about his political opinions. Get back between the pipes and keep your celebrity status as an All Star hockey player intact. Look around you, everyone, especially me, are sick to death of folks like Jane Fonda, Martin Sheen, Alec Baldwin, Curt Schilling, Sean Penn and that train wreck Madonna.

Please, you’re paid to entertain us and play hockey, do your job, stop distracting your teammates and bringing bad karma to the team. Put a sock in it and smarten up. GO BRUINS! For the record, I wouldn’t have gone to the White House either, but no one’s asking me.

Reagan put his money where his mouth was, so did Eastwood, Schwarzenegger and Ventura, so if you’re not going to step up then I suggest you shut up!

A

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Compliments of

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Legal Notes:

Thomas Drechsler, Esq. Byrne & Drechsler, L.L.P., Counsel to Members of the Boston Police Patrolmen’s Association

Legal Thoughts T

he following should be a sobering tale for those who advocate abolishing contractual or civil service job protection for police officers. I was recently privileged to represent a Sergeant (hereinafter Sgt.) in a small police department outside of Boston on behalf of the Massachusetts Coalition of Police (MASS COP). The Sgt. was charged criminally with assault and battery and filing a false police report. The charges arose from the arrest of a person riding a bicycle at night with no lights on in the travel lane of an unlit section of main highway.

The conduct presented a clear hazard to public safety as cars were swerving to avoid this individual on this unlighted stretch of highway. When the Sgt. ordered the suspect to pull into the breakdown lane the suspect swore and refused to comply. During the course of the ensuing arrest, this individual repeatedly kicked, punched and launched blood filled spit and saliva at police officers. He continuously and vigorously resisted all attempts to be handcuffed or restrained. At one point he was cuffed on only one wrist and proceeded to swing the loose cuff in an aggressive manner.

The Sgt. was riding with a younger reserve officer who aspires to be a full-time police officer in the same town. This is a town, mind you, where there is no civil service exam or protection. All police officers are simply hired and fired by the Board of Selectman (there is now thankfully a just cause arbitration provision for discipline in the police union contract). At one point during the struggle, the reserve officer, who admitted that he had never seen anything like the violence exhibited by the suspect, stood by in shock and simply watched as the Sgt. alone engaged with the suspect to the point where the Sgt. had to say something to the effect of, “Are you going to help me or just stand there?” Finally the young reserve officer attempted to assist. The Sgt. frantically radioed for assistance and after four to five minutes officers from neighboring towns came to his assistance. According to one arriving veteran officer, the reserve officer at some point simply disappeared.

The suspect later admitted to two different doctors and a nurse that he had a history of using LSD, Ecstasy and other drugs.

Indeed, when specifically asked, he indicated that he had been using LSD on that very same evening and had then decided to go for a bicycle ride. He denied all LSD drug use at the trial and stated that all of the doctors and nurses were fabricating his admissions. Approximately one month before this incident, this same individual had been arrested by a State Trooper for possession of Ecstasy (Class “B”) with intent to distribute to which crime he ultimately admitted to sufficient facts.

Sounds good so far, right? Indeed all was well until the Commander of the Police www.bppa.org

Department from a neighboring city, who happens to reside in the town where the offense occurred, arrived at the scene. This Police Commander (herein referenced as “Commander X”) claims to have seen my client punching the suspect. In his report at the time Commander X indicated that the Sgt. punched the suspect “in order to subdue” the bloody spitting which presented a health hazard to all. Indeed, the good Commander X asked passing EMTs for a spit shield. The suspect was finally restrained through the efforts of six officers and charged with three different counts of assault and battery on three of the police officers, disorderly conduct and resisting arrest. The suspect, in subsequent testimony, admitted on several occasions to resisting arrest and to being disorderly.

The suspect suffered some very minor injuries which injuries were in my view totally inconsistent with the claim that he had been punched in the face full force nine to ten times. He had fallen off his bicycle when he struck the cruiser. He had been tackled by the sergeant as well as thrown on the ground by the reserve officer at various points during the struggle. Thus it was no surprise that he suffered some scrapes and cuts. When initially interviewed by a detective in the hospital, the day after the incident, the suspect asserted that he had been beaten by six officers.

Ah, but then local politics entered the fray. The Chief of Police in the town where the event occurred, who apparently does not like the Sgt., decided to bring the case to the local district attorney for criminal prosecution. The local district attorney commendably sent the matter to an outside prosecutor as it involved a local police officer and department. The outside prosecutor, who was apparently initially urged to indict the Sgt., took a second look at the matter and determined that the matter was better prosecuted in the district court. During the proceedings it soon became apparent how people’s perceptions had changed, in my view, based upon local political considerations. Suddenly, the suspect changed his testimony and indicated that he was not after all set upon and beaten by six police officers but only by one officer, my client.

Furthermore, Commander X from the neighboring town, who enjoyed a close relationship with the Chief in the town where the incident occurred, changed his testimony and said that he now felt that the Sgt., rather than striking the suspect to “subdue the spitting” as he had initially reported, engaged in an outrageous use of excessive force.

There is more. The young reserve officer who aspires to be a full-time officer is none other than the son of the Lieutenant of this small department who is in fact the Deputy Chief of the department and, surprise, surprise, apparently a close friend of the Chief.

The town budget perhaps does not provide for any more full-time police slots right now.

Coincidentally, while my client was suspended during the pendency of these criminal charges, the reserve officer has had the opportunity to work almost full-time and testified that it is a lifelong dream of his to become full-time officer. Suddenly the Chief, who is again close friends with the reserve officer’s father, decided that this matter needed to be vigorously prosecuted.

He pursued it at every turn and, miracle of all miracles, when the suspect changed his testimony from being beaten by six officers to simply being beaten by my client, the five criminal charges against the suspect arising out of the above described struggle were simply dismissed.

It gets more interesting. While the investigation was ongoing, the suspect had the Possession with Intent Class “B” charges continued without a finding and then dismissed in the State Police matter. Finally, in December, before the Sgt.’s trial, the suspect got arrested again in the same neighboring city governed by Commander X who witnessed the original incident. The suspect was now charged with operating under the influence and, once again, resisting arrest (surprise) and speeding as a result of driving 95 mph through the quiet streets of this particular city. Thus, the suspect came to Court to point the finger at the sergeant with new charges hanging over his head. Oh, and I almost forgot, the suspect has filed the inevitable civil rights claim with the town seeking money damages for the arrest by the Sgt. The local Board of Selectmen, critiquing the Sgt. for his use of force, fired the Sgt. The matter is on appeal to an arbitrator. The Town claimed that the Sgt. used excessive force. (One Attorney opined that one of the Selectman appeared to be sleeping during the hearing which happened to be hastily scheduled for the afternoon before Town Election Day. Two of the Selectmen were on the ballot for re-election.) Of course the Selectmen never consulted or heard from an Instructor/Trainer in defensive tactics or use of force. Why would they want to know that? They simply made their own determination and fired the Sgt. In the criminal trial, the Commonwealth presented its case without calling a use of force expert and simply presented Commander X from the neighboring city as well as the reserve officer who aspires to be promoted to a full-time position like that occupied by my client. The reserve officer soon transformed himself from the scared observer who was described as disappearing to the new level-headed hero of the day. In my view their stories progressed through the various stages of proceedings with a distinct flavor of helping the case of the town and the Commonwealth against the Sgt.

Unfortunately for those witnesses, there were transcripts of prior testimony and the witnesses were heavily impeached. For example, Commander X from the neighboring city testified at the trial that when he arrived at the scene the suspect was totally restrained and “not going anywhere.” Unfortunately for him, he had testified under oath at a prior proceeding that the suspect was not at that same time restrained “by any stretch of the imagination.” When asked which version was the truth, he simply said “both”. And so it went, through inconsistency after inconsistency. After the Commonwealth rested, I introduced the testimony of a police officer who is an Instructor/Trainer certified by the Commonwealth and has taught self-defense tactics throughout the state. He is one of only eight individuals qualified to certify those who seek to become police defensive tactics instructors in police departments throughout the Commonwealth.

This Instructor/Trainer testified as to what the proper use of force criteria are in response to a suspect who engages in assaultive conduct and how the use of handstrikes or punches is a perfectly appropriate response to a suspect’s assaultive conduct. He also testified that when the suspect reached for one of the officer’s guns an even higher level of force might have been appropriate, (although the Sgt. never resorted to that type of force). The jury was also presented with evidence which suggested that the reserve officer was hoping to gain a full-time slot in the department and that the budget prevented such a fulltime slot from opening until my client’s permanent slot had been finally vacated.

(Again, the reserve officer’s father is the number two in the department with no promotional exams or civil service protection.)

It was also revealed that prior to the young reserve officer’s testimony he had been present at a meeting with his father, the Chief in his town, Commander X and other witnesses to jointly talk about their respective testimony. One officer revealed that this meeting had taken place in a manner in which everyone talked about their potential testimony in front of everyone else.

At trial one of my contentions was that the reserve officer’s testimony and that of Commander X became more adversarial after that meeting. The jury having heard of all this returned a verdict of not guilty in less than 90 minutes.

The above is a sobering story. Whenever we read of editorials, college professors, and police bosses decrying the role of civilian arbitrators or civil service protection, people should examine this tale and be reminded of the danger of local political influence on a job as important to public safety as that of a police officer.

Stay healthy and be safe.

PAX CENTURION • January/February 2012 • Page B5

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Page B6 • PAX CENTURION • January/February 2012

News Brieflets…

Compiled and commented upon by Patrick Carnell, UMass Boston

“A clerk at a business in Western North Carolina punched a would-be robber and knocked him out cold just minutes after the man barged in with a gun and demanded money… While they waited for police and paramedics, Mothershead gave Hendi [the robber] a roll of power towels, sprayed the floor with cleaner and told him to clean up his own blood.”

– WYFF 4, 12/26/11 Time Magazine promptly made the would-be robber Person of the Year, and the Occupy Movement announced him to be their leader in-absentia. ★★★★★ “Employers are facing more uncertainty in the wake of a letter from the Equal Employment Opportunity Commission warning them that requiring a high school diploma from a job applicant might violate the Americans with Disabilities Act.” – Washington Times, 1/1/12 Because, of course, why should anyone feel uneasy about high school drop-outs serving as nurses or electricians? Hell, why stop at education: having no athletic talent at all should be no reason to exclude someone from the Olympics! And having no talent, period, shouldn’t necessarily prevent someone from achieving baffling, undeserved fame and an infuriating amount of money! ★★★★★ “To the surprise of many – from Taliban fighters to American officials – the Taliban’s official reaction to the explosive video of the four U.S. Marines urinating on the corpses of three Afghans was mature, even statesmanlike… “To me those who claim to represent the Islamic Emirate of Afghanistan in these talks are dishonoring the rivers of blood we have shed,” he says. “This act is worse than that of animals,” adds the subcommander who declines to be named for security reasons. “They showed no shame.”

– The Daily Beast, 1/13/12 Well, it’s nice to know the Taliban are so concerned with the dignity of the dead.

Perhaps once they extend the same respect to the living, we can talk. ★★★★★ “George Lucas has heard the criticism over the changes he’s made over the years to his “Star Wars” movies. He just doesn’t really much care… “On the internet, all those same guys that are complaining I made a change are completely changing the movie,” Lucas tells the New York Times in a new profile, referring to YouTube fans who have re-cut his films in retaliation for the small changes he has made. “I’m saying: ‘Fine. But my movie, with my name on it, that says I did it, needs to be the way I want it.’”

– Eonline, 1/17/12 On the one hand, he has a point: criticism is just so mean! On the other hand, maybe it would have been prudent to listen to all the complaints about the plot, characters, pacing, story, dialogue, logic, exposition, excessive special effects, design, and other failures of craft in the prequels instead of making the same horrible decisions over and over, not to mention screwing with the original trilogy like some sort of malevolent god. At least we didn’t get any scenes of Chewbacca playing chess with Death in Casablanca on his way to throw the One Ring into Mount Doom, as much as Lucas probably would like to have done something like that. ★★★★★ “Television cook Paula Deen has cooked up some trouble for herself with her revelation this week that she has diabetes. Deen — known for her high-calorie takes on Southern cuisine — has drawn the wrath of fans and colleagues alike with her admission that she has Type 2 diabetes. Many are infuriated that Deen withheld her condition while shilling gut-expanding recipes to the public.”

– Reuters, 1/18/12 Interesting side note, crystal meth is another Southern-fried treat that is, somehow, still healthier than anything Paula Deen cooks. ★★★★★ “There’s no longer room at the inn at a Manhattan church that’s sheltering Occupy Wall Streeters after a holy vessel disappeared from the altar last week… In Brooklyn, at another church housing OWS protesters, an occupier urinated on a cross, according to Rabbi Chaim Gruber, who has angrily abandoned the OWS movement.”

– Fox News, 1/22/12.

Disregarding the strangeness of a rabbi commenting on a Catholic church, it’s fascinating (though not the least bit shocking) that the Occupiers chose to ignore the bathroom facilities in the church and went straight for desecration and sacrilege. Probably would have behaved themselves in a mosque, though, for reasons no one can possibly imagine. ★★★★★ “Roseanne Barr said Thursday she’s running for the Green Party’s presidential nomination - and it’s no joke… “The Democrats and Republicans have proven that they are servants — bought and paid for by the 1% — who are not doing what’s in the best interest of the American people,” Barr said.

– Associated Press, 2/3/12 Just imagine, there might actually be people out there who read about this, are drawn in by Roseanne (by her towering intellect, of course, not her gravitational pull), and actually think, “Yes, this is who I want in charge of this country.” By the way, Roseanne’s net worth is $80 million. This is the same woman who once said the “1%” should all be hung from lamp posts.

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www.bppa.org

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617-989-BPPA (2772)

www.bppa.org

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Representing and providing counsel to members of the Boston Police Patrolmen’s Association since 1993 regarding critical incidents, criminal and departmental investigations, and civil rights matters.

Many members have also sought our guidance and representation in a wide variety of matters, particularly personal injury claims on behalf of injured officers and/or their family and friends. We also provide representation in criminal and civil litigation, real estate and estate planning. We invite you to learn more about Byrne & Drechsler, LLP by visiting our website – ByrneDrechsler.com

JAMES E. BYRNE

THOMAS DRECHSLER

KENNETH H. ANDERSON • RICHARD P. MAZZOCCA • ERIC S. GOLDMAN JONATHAN E. TOBIN • JOSEPH A. MERLINO 50 Redfield Street, Boston, MA 02122 (617) 265-3900 • Fax (617) 265-3627

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617-989-BPPA (2772)

Legal Notes:

Amy Laura Davidson, Esq. Sandulli Grace, P.C., Labor Counsel to Members of the Boston Police Patrolmen’s Association and BEMS

The ABCs of bargaining

U

nder Massachusetts General Laws Section 6 of Chapter 150E (“150E”), a public employer must “negotiate in good faith with respect to wages, hours, standard of productivity and performance, and any other terms and conditions of employment” with the exclusive bargaining representative of its employees (“BPPA”). Further, public employers may not change a pre-existing condition of employment, or implement a pre-existing condition of employment, affecting a mandatory subject of bargaining without providing the BPPA with prior notice and an opportunity to bargain. Even if a decision lies outside the sphere of collective bargaining because it is determined to be a matter of public policy or a managerial decision, a public employer is still required to bargain over the impact of that managerial decision if it affects employees’ wages, hours, and other terms and conditions of employment. Failure to negotiate in good faith is a prohibited practice under Section 10(a)(5) of 150E. A. What does it mean to “bargain in good faith?”

The very concept of collective bargaining presupposes a desire to reach ultimate agreement. While such an obligation does not compel either party to agree to a proposal or make a concession, the duty to bargain in good faith does require that parties engage in the bargaining process with an

open and fair mind, have a sincere purpose to find a basis of agreement, and make reasonable efforts to compromise their differences. In other words, good faith bargaining requires a sincere effort by both parties to reach common ground. The parties’ conduct must always be calculated to move the negotiations forward, toward agreement. To fulfill its responsibility to bargain in good faith, the public employer must make itself available at reasonable times and places for the purpose of negotiating and participate in such negotiations in good faith.

B. What is “bad faith bargaining?”

Conduct that is designed, or can be reasonably expected to move the negotiations backward is regressive and constitutes a refusal to bargain. Examples of bad faith bargaining may include refusing to negotiate any economic items until the City Council finalizes its budget or reverting to a position that it had abandoned previously. For example, withdrawing a wage offer made in an earlier bargaining session and substituting a less favorable one may constitute regressive bargaining. However, a party does not necessarily engage in regressive bargaining when it introduces proposals resulting from changed circumstances which have arisen during the course of negotiations or when it withdraws proposals from fact-finding or bargaining due to changed circumstances. If an employer

Compliments of a Friend

makes a claim of changed financial circumstance, it must demonstrate that it faced a fiscal emergency sufficient to excuse a withdrawal of earlier economic offers. Where the changed circumstances have an actual impact on an employer’s ability to pay or on other existing proposals, and there is no other evidence that the employer’s actions were motivated by a desire to stymie negotiations or fact-finding, no regressive bargaining will be found.

C. When does the Employer have to

give the BPPA notice?

It is well settled that a public employer must notify the BPPA of a potential change before it is implemented so that the BPPA has an opportunity to present arguments and proposals concerning the proposed alternatives. Notice of a change in terms and conditions of employment is adequate under the Law when it is sufficiently clear to allow the union to make a judgment about an appropriate response and when it is made far enough in advance of implementation to allow effective bargaining to occur.

BPPA Retired Patrolmen’s Division News

Directors of the Retired Patrolmen’s Division of the BPPA: John Murphy David Mackin Joe Vannelli Joe O’Malley Billy Flippin

Ladies and Gentlemen: We are now into a new year. I hope this will be a healthy and prosperous year for all of you. I write this letter as a reminder that annual dues of $24.00 for membership in the BPPA Retirement Association are due in March. We now number approximately four hundred (400) members, all retirees of the BPPA. If you have not joined, and are hesitant to join, let me highlight some of the benefits that come with membership. Firstly, if you have any retirement issues that require legal assistance, you will have access to the law firms retained by the BPPA. Not a bad benefit for $24.00 a year. Also, you will have access to the BPPA free passes to the Franklin Park and Stoneham Zoos, along with several other passes for the Museum of Science and others.

One of the principal objectives of the BPPA Retirement Association is to have the ability to lobby through the power of the BPPA for our healthcare and retirement benefits.

Both of these benefits are currently under assault from Beacon Hill. Only by staying united in organizations such as the BPPA Retirement Association can we continue to have an effective voice through our lobbyist up on Beacon Hill.

Lastly, and just as important, this organization gives you the means to keep in contact with people you have worked with your entire adult life, but have lost touch with over the years.

Our meetings take place on the first Thursday of every other month. At those meetings we disseminate information to our members that we feel will help them in their retirement.

Sincerely, David M. Mackin Executive Director, BPPA Retirement Association

BPPA RETIRED PATROLMEN’S DIVISION MEMBERSHIP APPLICATION Date: ___________________________ Name: ______________________________________________________ Address: ____________________________________________________ City, State, Zip: ______________________________________________ Home Phone: ____________________ Cell Phone: ________________ Date of Appointment: _________ Date of Retirement: ___________ Email: ______________________________________________________ Annual Dues are $24.00. The year runs from March to March.

Please mail this application and $24.00 annual dues to the:

BPPA Retired Patrolmen’s Division 9-11 Shetland Street, Boston, MA 02119

www.bppa.org

PAX CENTURION • January/February 2012 • Page B11

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617-989-BPPA (2772)

Super Bowl Blues *to the tune of “Summertime Blues”

By W.A. Moshezart

I got ordered for the Super Bowl, I got a right to holler about workin on my day off, for a lousy four hour I was ‘sposed to have a party, watch it with my family but the boss says “no dice, cops in work you gotta be” Sometimes I wonder what I’m gonna do Cuz there ain’t no cure for the Super Bowl Blues Oh well I thought about a P-day, but the clerk looked at me funny “If you like working here you should take that back Sonny” well I really like my station, so I took my slip back now I’m ridin on a T bus with my riot gear pack Sometimes I wonder what I’m gonna do but there ain’t no cure for the Super Bowl Blues Should a put in for the week off, maybe waste a vacation so I won’t have to babysit the dopes of Gronk nation everyone is drinking like it’s Summertime, and I am out there freezing on the Police riot line

Information on officers is needed

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bout four years ago I came into possession of thirteen Boston Police badges that were individually encased in acrylic. Each badge had the police officer’s name and dates of service imprinted directly below. These badges were supposed to be given to an officer upon retirement or in some cases to family members when the officer died unexpectedly. As time passed these thirteen badges were not picked up by the recipients/family and all ended up on a shelf.

Through the assistance of many department members both sworn and civilian I have been able to return nine of the badges to the officers or family members, (See related story on PO John MacDonald). I still have four badges left and would like to again ask for help from PAX readers everywhere. I have made inquiries with the retirement board and no information could be found on any of the remaining four officers. If you have any knowledge of the officers listed below please contact me via department email or call the district 18 detectives office, 617-343-5607, first half.

Sergeant Victor Smith, Dates of service – 12-13-50 to 05-31-85 Officer Joseph Rozario, Dates of service – 09-27-61 to 11-30-81 Officer Henry Nelson Jr., Dates of service – 10-21-63 to 11-19-84 (date of death)* Officer Steven W. McFarland, Dates of service – 06-27-79 to 04-23-82 (date of death)**

Sometimes I wonder what I’m gonna do But there ain’t no cure for the Super Bowl Blues I’ve got only eighteen Sunday’s off, and losing one ain’t fair But the City says they need you as for your days off they don’t care If they had to pay me double and make the day up to me, I’d be on my couch with some beer and family Sometimes I wonder what I’m gonna do, But there ain’t no cure for the Super Bowl Blues Big Event, Super Bowl Big Event Blues…

* Officer Nelson may have relatives in both Brockton and Florida. ** Officer McFarland became a Boston police officer in 1979. He was laid off in October of the same year and reinstated in March 1980. Tragically he was killed in an off duty motorcycle accident on the Jamaicaway near Perkins Street. There are many BPD members who came on during this time and it is my hope that someone knows a member of PO McFarland’s family.

– Det. Mike Kane

THE LAW OFFICES OF DONALD E. GREEN, P.C. Don Green is a Quincy native and 1957 graduate of Quincy High School.

After high school, he enlisted in the United States Marine Corps and returned to Quincy after being honorably discharged.

In 1966, working out of the Quincy Police Boy’s Club, he became the light-heavyweight Golden Gloves Champion in Lowell. He boxed in the Amateurs for three years.

In 1968, he joined the Boston Police Department and retired in 1990 after serving the city for nearly 22 years, the last 15 years as a Sergeant in the Roxbury district. He graduated from both Northeastern University and Northeastern University School of Law. Don Green The first Law Offices of Donald E. Green was opened in Boston in 1982 and the second in Dudley Square in Roxbury in 1988. The most recent office was opened in Braintree in 2001 and is located at 222 Forbes Road, Suite 200, which is located across from the South Shore Plaza and behind the Sheraton Tara Hotel. This office offers a convenient location for Quincy and other South Shore residents. There is free parking and the office is handicapped accessible.

Don’s law partner is his wife, Annette Hill Green, who grew up in Dorchester and is also a graduate of Northeastern School of Law. They married in 1997, have two young children and reside in Milton.

The Law Offices of Donald E. Green is dedicated to serving your legal needs. The professional staff includes seasoned trial attorneys who possess years of litigation experience and who strive to obtain the most favorable judgment, verdict or settlement for our clients.

We are a full-service law firm, concentrating in, but not limited to, the following areas of law: • Wrongful death • Personal Injury

• Medical Malpractice • Sexual Harassment – Motor Vehicle Accidents • Employment Discrimination – Slip and Fall Accidents • Immigration – Worker’s Compensation • Bankruptcy – Lead Poisoning • Criminal Defense

Annette Hill Green

Two free legal clinics are offered from 5:00-6:00 pm on the first and third Wednesday of each month at our Roxbury office. Each clinic offers free, private consultations regarding all legal matters.

If you have any legal questions or concerns, please call Don or Annette toll free at 1-877-DON-GREEN or you may email Don directly at dgreen@donaldegreen.com.

Boston (617) 523-4422 By appointment only

2235 Washington Street Roxbury, MA 02119 (Dudley Sq.) 617-442-0050

Evening and Weekend Appointments Available

220 Forbes Road, Suite 103 Braintree, MA 02184 (Across from South Shore Plaza) 781-356-0488 By appointment only

Home and Hospital Appointments Available

A reduced legal fee is continuously offered to police officers and has been for more than thirty (30) years.

Our office has successfully represented countless law enforcement officers in their personal injury claims (on or off duty) and other legal matters.

Don Green www.bppa.org

PAX CENTURION • January/February 2012 • Page B13

Why is it?

Neponset Preschool 281 Neponset Ave. Dorchester 617-265-2665

Spring Sign-up Half Days • Full Days Secure Play Area 4,000 sq. ft.

3 Classrooms 2 yrs. 8 mo to 6 yrs.

Massachusetts Early Education License #291031 • Daughter of BPPA Retiree

Page B14 • PAX CENTURION • January/February 2012

By Det. Mike Kane, E18 • Anyone at the Greenway Conservative would think it’s a good idea to use taxpayer money to buy a “Carousel” for 2.9 million dollars? What’s next a five million dollar water slide? And what about those huge salaries over there at the Greenway? (Boston Herald 02/01/12 p.

2) • Bruins goalie Tim Thomas gets so much criticism for taking a stand in what he believes? Or is it that no one is allowed to refuse an audience with the “great Obama”?

• As you get older every winter season seems to get longer? Although this winter has been easy on us.

• I just don’t believe Lt. Governor Tim Murray when he says he fell asleep at the wheel and crashed doing 108 mph? This will follow him for the rest of his career.

• Most people can’t even have a conversation with you without checking their cellphones every minute?

• The MBTA refuses to take ads about alcohol?Are the people in charge of the T living in the same world as everyone else? Are they worried the local college students will start drinking (more) if they see the ads? Or is it the rider who might go out and buy a bottle of wine that worries them? The MBTA is going broke and they say no to a few million dollars.

Does this make any fiscal sense?

• Everyone knows they’ll be a few “knuckleheads” that have to put on a show for all their friends after the super bowl? They’ll climb a street light pole or drink a beer in front of twenty cops, get arrested and end up in a Howie Carr story. And then their parents will blame the police.

• I just know that the lack of snow this winter is going to unleash a new barrage of global warming stories?

• The NBA and players can’t reach a deal and start playing this season? Oh that’s right they did start the season and people still don’t care.

• That I’m not surprised that U.S. senatorial candidate Elizabeth Warren has whacko supporters such as Cher, Alec Baldwin and Barbra Streisand? (Boston Herald 02/03/12 p. 2). Warren is weak and will be all for the “Hollywood kooks” and “occupy freaks” as they continue to seek more handouts from everyone who actually works.

• The Boston Police Memorial which is dedicated to the members of this department who have made the ultimate sacrifice is surrounded by several ugly “jersey barriers”? This shrine should be moved away from the street and given a more dignified area under or behind the archway at the entrance to Headquarters.

? ?? ? ? ??

• Anyone would say Tinker, Tailor, Soldier, Spy was even close to being a good movie? I saw it and it was hard to follow and boring. The best part was when the credits started to roll on the screen.

• Commissioner Ed Davis feels the need to insult and demean the members of this department by allowing an email to go out asking members what they plan to do on their personal day? Many members did put in for a P-day on Super Bowl Sunday to be with their families as is their right under union contracts. We have never before been asked to write a report explaining what we intend to do when a P-day is taken. This is a disgrace and sounds like a boss who wants to “bully” and intimidate his employees.

• Every police department and SWAT Team in eastern Massachusetts is asked to assist the Boston Police Department during the Pats, Bruins, Red Sox, and Celtics celebrations… but these same departments never invite Boston Police officers to any of their parades or special events? Sounds like that whole partnership theory is really just a myth, huh?

• President Obama sits by and does nothing except play golf, basketball and has parties at the White House while Iran pursues building missiles that have the potential to reach the U.S.? Does this clown even understand his role as President?

• I miss the antics of disgraced city councilor “Up chuck” Turner? There’s no personality to the City Council anymore.

• The department no longer has in-service training for any of its police officers? We all took a few on line courses awhile back and I guess this is supposed to be a substitute for a real life instructor at the academy. Some would even call the on line courses “state of the art training”. But no need to worry. I saw an article in the November 2011 American Police Beat in which our own Commissioner Ed Davis addresses training and police officers pay at a recent PERF (Police Executive Research Forum) meeting in Washington D.C. On page #43 Davis is quoted in part as saying, “It’s time for us to have some hard conversations. What kind of salaries can we expect as police officers? Is $100,000 a year realistic?

How should we position ourselves as a profession? If we are a profession, should we pay for our own training?” Pay for our own training Commish? I thought we were the employee and the employer provided the training? Isn’t it strange how nothing is mentioned about his own $179k salary being realistic? Just a few questions PC…Would you like Boston cops to gas up the cruisers too? Or maybe we could buy a new set of Goodyear tires for our unmarked cars?

I can’t make this stuff up folks.

? ? ?? ? ? ?? ? ? ? ?

617-989-BPPA (2772)

The Washington Report from NAPO IRS Normal Retirement Age & H.R. 3561

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ver the past several years NAPO has been successful at pushing back the date of enactment of Normal Retirement Age rules. It is important to note that these rules are currently scheduled to take effect on January 1, 2013.

How the Normal Retirement Age affects you: 1. In-service distributions- similar to a Deferred Retirement Option (DROP) plan in that an employee can technically “retire” and start drawing pension checks, but continue working for the employer maintaining the pension plan. However, with an in-service distribution the pension checks are sent directly to the employee, while under a DROP plan the pension checks are sent to an interest-earning account. Therefore, with an in-service distribution, the employee is able to collect both his pension and his pay checks simultaneously. This is what the IRS wants to prevent an employee from doing until he/she reaches “normal retirement age” as defined by the IRS Normal Retirement Age rules - Treasury Regulations Section 1.401(a)-1(b) - which is 50 years of age for public safety officers. This regulation pertains only to in-service distributions, not to DROP plans.

2. Retirement Age: A public safety officer can still retire after 20 or 25 years of service, even if he or she has not reached the age of 50, and receive a full, unreduced pension as long as he or she serves all employment with the employer who maintains the plan. However, this is considered “Early Unreduced Retirement” not “Normal Retirement Age”. Therefore. . .

3. Health Insurance Benefits: If an officer retired under “Early Unreduced Retirement” then they do not qualify for HELPS Benefits. Under the HELPS provision, a public safety officer must have retired at “Normal Retirement Age” in order to obtain the privilege to use up to $3,000 from their retirement savings on a pre-tax basis for use toward health care insurance and long-term care insurance premiums.

4. Combination of Pension Plans: If department has a pension plan that is combined

www.bppa.org

with other plans (rolled up with the other State plans such as teachers or government employees) then it cannot qualify for the “Early Unreduced Retirement” therefore forcing officers to wait longer to retire and receive benefits.

On December 2nd NAPO sent another letter (attached) to Douglas Shulman, The Commissioner of the Internal Revenue Service reiterating our position on the harmful effects of the Jan 1, 2013 deadline and requesting a change in definition for Normal Retirement Age. Also on December 2nd Congressman Bill Pascrell (D-NJ) sent a follow up letter (attached) to Commissioner Shulman, for which NAPO provided input.

On December 5th Congressman Ron Kind (DWI), along with Congressmen Jim Gerlach (RPA) and Richard Neal (D-MA), introduced The Small Business Pension Promotion Act of 2011 (H.R. 3561). NAPO sent a letter (attached) formally supporting this legislation. H.R. 3561 is a legislative alternative to the lengthy process it takes for the IRS to issue new regulations. NAPO was successful at working to secure Republican support for the bill. Additionally, we have been working with various members of the pension community to relay additional support of this legislation.

NAPO is the premier law enforcement organization on this issue. We are working to see that changes will occur before 2013 and will keep you posted. In the meantime, please reach out to your Congressman and let them know that you support H.R. 3561. If you have any additional questions please do not hesitate to reach out to me via email rhedge@napo.org or my phone: 703-549-0775.

Kind Regards, Rachel Hedge Director of Government Affairs National Association of Police Organizations 317 South Patrick Street Alexandria, Virginia 22314

PAX CENTURION • January/February 2012 • Page B15

PROUD SUPPORTERS OF THE BOSTON POLICE PATROLMEN’S ASSOCIATION SCHOLARSHIP FUND. Thank you for your dedication to our communities.

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Page B16 • PAX CENTURION • January/February 2012

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PAXCENTURION Section C Mystery Q ships – a short historical fiction

By Jim Jesson n August 4th, 1790, in order to protect the borders and coastline of the United States, President George Washington created the US Coast Guard, the first American force afloat, three years before the US Navy. Today, the Coast Guard is a body of men and women responsible for safety and order of all shipping along the coast and it performs regulatory, law enforcement and military activities as required. In peacetime, it operates under the command of the US Department of Homeland Security. The President of the United States may direct that it be placed under the Department of The Navy at any time, and the U.S. Congress may transfer it to the Navy during wartime. Its brave men and women have participated in dangerous missions all over the world.

Many may not be aware that the Coast Guard has lost many ships and sailors in action. In support of its missions, coast guard personnel have received specialized training in combat, search and rescue, and law enforcement. They patrol on horseback and serve on airplanes, helicopters, aboard 351 naval vessels, 296 armed vessels, 802

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USCGC Asterion

tramp steamer Atik and sister ship Asterion, were acquired by the U.S. Navy and transferred to the Coast Guard.

They were towed to the Boston Naval Shipyard, and refitted with heavy armament, ammunition (ash cans) and six inch guns, unseen and hidden on the port and starboard sides under the bridge. The crew of 250 men, 40 specializing in gunfire and raids, many of whom were from the Boston Police Dept., were assigned to the Asterion.

While the crew was helping refit and make the ship sea-worthy, the forty elite police officers were training for a secret mission at nearby Gallops Island in Boston Harbor.

Only one week later in 1942, the Atik was herself torpedoed and sunk by the German U-boat 123. Tragically, all hands were lost.

Meanwhile the Asterion’s refitting was completed and all hands were called aboard, including the raiding party. On January 11, 1942 in a heavy fog and mist she slipped out of T Wharf through Boston Harbor and out to the Atlantic Ocean under the guise of a merchant ship. She made rendezvous with a 300 ship convoy heading out to the North Sea, escorted by Navy and Coast Guard gun boats. As the convoy headed north, several days later some freighters and oil tankers exited the convoy, sailing into Halifax and Argentia, Nova Scotia. The rest of the convoy headed N-NE towards Greenland, Iceland, Europe and Russia.

While the convoy was sailing off the Maritimes, the Commodore was notified that sonar picked up the signal of Sable Island Charlie, a German U-boat lying in the sand. Charlie was noti-

large cutters, destroyers, destroyer escorts, troop transports and LST’s. They hunt enemy submarines, and in past conflicts have picked up many survivors at sea, and engaged in many invasions. Among its earliest severe losses was the sinking of the USCGC Tampa which was sunk in WWI by a German U-boat on 9/26/ 1918, resulting in the loss of all 115 sailors aboard. While on patrol on June 13, 1943, the USCGC German Q-boat Atlantis Escanaba fell victim to a German U-boat attack, resulting in the fying the German wolf pack of U-boats lydeaths of the captain and 100 of his men. ing off the coast of Greenland and Iceland.

There were very few U.S. ships patrol- When the convoy reached Iceland, the Uling the vast Atlantic Ocean in 1940/41. In boats attacked and sunk several ships. The response to the ever increasing threat from Navy and Coast Guard counter-attacked the Nazi Germany’s attempts to control the wolf pack, making several kills. ocean’s shipping lanes, President Franklin After this battle, the Asterion left the D. Roosevelt placed the US Coast Guard convoy and steamed for buoy 7 in under the command of the US Navy. As Greenland to continue her secret mission. more and more allied ships fell victim to While anchored at buoy 7, the 40 man raidthe German onslaught in the Atlantic, the ing party, dressed in riot gear, went ashore www.bppa.org

and climbed into ten waiting jeeps loaned time, the Germans were being ordered to to them from the US Army. Four men surrender! The resulting stalemate brought climbed into each jeep directed by Lt. Jo- both ships to the precipice; an all out battle seph A. Rice. Before dawn, the police of- appeared imminent.

Incredibly, a gap in the fog that some ficers climbed a small hill to a German communications outpost, consisting of might term as miraculous opened, revealabout eighty Germans, including radio op- ing the presence of the British heavy cruiser erators, scientists and SS troops. The lieutenant positioned his men around the perimeter of the outpost, heavily supported with machine guns, pistols, and flare guns for an early morning surprise attack. On signal, they rushed the camp, surprising and overpowering the SS guards, taking them prisoner in a matter of minutes.The highly skilled police officers arrested all the enemy agents, placing them aboard the Asterion as prisoners.

Subsequently, the US Army and USCGC Atik Air Force took over the now captured communication outpost. The Asterion sailed Dauntless which had been tracking the Gersouth to deliver the Nazi prisoners to a na- man raider. The Dauntless Captain ordered val prison guarded by US Marines at the Asterion to back off and head westward Halifax, Nova Scotia. The Asterion refueled out of their line of fire. He ordered the Gerand set out to the North Sea to search for man raider to surrender. The headstrong Germans instead lobbed a shell at the Asterion and fired at the Dauntless. The Duantless returned fire, blasting a heavy hole in the Atlantis mid-ship. Sinking into the water, the Atlantis crew abandoned ship. The Asterion, following true naval traditions picked up the German crew and transported them to the naval prison at Halifax. The AsUSCGC Modo terion crew was awarded a the Buscoe, a German freighter flying the battle star for this encounter.

The Asterion again refueled, stocked up Norwegian flag, the vessel believed to have initially delivered the German contingent on provisions, and steamed out to the bloodto the now captured radio post. After sev- stained sea, seeking U-boats. It patrolled for eral days through fog and ice flows, the As- almost a month, picking up bodies of torterion caught up with the Buscoe, training pedoed merchant ships and Coast Guard all guns at the Buscoe, the Asterion’s Cap- cutters, later sailing to Argentia, Nova tain ordered the freighter to surrender. Sur- Scotia, where its crew learned that the rendering meekly, both the German ship and USCGC Escanaba and Atik had both been its entire crew were captured and remanded torpedoed, losing all hands. The Asterion to the prison in Nova Scotia. Once again, then sailed to the South Atlantic, seeking the now confident Asterion refueled and U-boats and picking up more sailors of torrestocked its provisions and set out for the pedoed ships.

In early 1945, it sailed into Boston HarAtlantic on further patrol. About a week later, the vigilant ship spotted the German bor where the ship was decommissioned.

Q-boat Atlantis, posing as a merchant ship Most of the crew was transferred to the landflying the Norwegian flag. The German ing barge training school in Little Creek, raider was wreaking havoc in this portion VA. The 40 man police raiding crew were of the Atlantic, having sunk many Allied transferred amongst the larger cutters, vessels. As it approached the Atlantis, the Campbell, Hamilton, Duane, Modoc, Mohave, Asterion‘s crew prepared for battle. Dis- and Tampa, on routine and international ice playing stern German presence, the Cap- patrol for the remainder of the war.

The author is a retired Boston Police tain of the Atlantis ordered the Asterion to surrender and abandon ship, demanding its Officer, US Merchant Marine and Private fuel and provisions. However, completely Investigator who served on the USCGC’s surprising the German aggressors, the As- Asterion and Modoc. He can be reached at terion suddenly and resolutely revealed its JimJesson@live.com © Documentation by Jim Jesson hidden cannons and armor. In a moment’s PAX CENTURION • January/February 2012 • Page C1

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It’s what we do, not who we are!

By P.O. Jay Moccia irst off: On behalf of myself and my family, I’d like to wish you all a happy, safe and Prosperous New Year.

When we were kids, if we misbehaved, we were sent to bed...now it’s the parents who go to bed.

I took a trip to Florida recently and had to laugh, they don’t wear helmets on motorcycles, but everyone on a bicycle had one.

At one Florida intersection there were ads for a psychiatrist, lawyer, plastic surgeon and Funeral Home-talk about cradle to grave coverage! Also, as is my habit, I love to read the local papers. One series of articles which caught my eye concerned the Terra Caia annual mullet fundraiser (no Billy Ray Cyrus ain’t broke). The mullet is a local whitefish that can be served in a variety of ways. The fundraiser includes a cook-off, and a “mullet toss” in which several of the slimy buggers (deceased of course) are thrown by contestants at a variety of targets including a dumpster, trash can, and toilet for prizes. All monies raised support community programs, AND mullet conservation! Of course the PETA folks got wind of this and complained, DEMANDING the good citizens of Terra Caia halt this barbaric practice. Town Officials agreed that it could be traumatic for surviving mullets to witness such brutality, so they offered to erect a temporary 10" wall around the town’s waterways so passing mullets wouldn’t be offended. This did not sit well with PETA who never see the humor, so a Town Meeting was held. Both PETA protesters (neither one from Terra Caia, by the way) were allowed to speak before the town voted 98-0 to keep the mullet toss!

I finally saw something that made me actually have sympathy for President Obama. During the Veteran’s Day Basketball game held on an aircraft carrier, the President (a huge hoops fan) attended with the First Lady. In what I believe was an unscripted moment, the camera panned to the couple. Obama was leaning forward, talking to some other fans (mostly military) off-camera. He leaned back, put an arm around Michelle, and gave her a quick kiss on the cheek. Well, the scowl she gave him sent a chill up my spine! If looks could kill Biden would be President. The Secret Service would never have been able to separate them. When your wife gives you a look like that, you get up and head for the man cave, for about a week...

I finally heard a jingle worse than Karsfor-kids...the new “rockin” Kars-for-kids.

If the CIA used that at Gitmo, Osama would have been dead years ago. Does this violate the cruel and unusual provision of the Constitution?

A community service program that sends celebrities, politicians, and sports figures to read at inner city schools came under fire, after it was revealed that a former porn star, Sascha Grey read to first graders at an L.A. Area school. I heard she chose the Dr Seuss classic: “Hop on Pop”...

Has any reader EVER given their spouse of significant other a car with a big bow on it for Christmas?!?

After watching the Patriots for most of

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this season, I think it’s safe to say #85 should now change his name to “Ocho-stinko” – child, please!

Arizona RINO sheriff Pat Sullivan was arrested after he was caught in a Meth for sex plot. Hmmm, his next job could be security director at Penn State! (Too soon??)

My wife’s cell phone battery doesn’t die, it commits suicide!

It’s amazing to me, at the number of idiots that watch the “Daily Show” or “Colbert Report” and believe it’s actually a news program.

How many times have you tuned in to a game and seen that guy behind home plate, in the end-zone stands, or behind the bench chatting away on his cellphone? It should be a rule that someone from the nosebleed seats can walk down, knock the phone out of his pretentious hand, smack him a good one in the chops and get his seat after security escorts the boor from the arena!

Poor Herman Cain, the former Republican hopeful’s campaign blew up after allegations of sex scandals forced him to withdraw from the race and head home to “Hotlanta”. Apparently Herm was like a fat guy at the buffet, there was nothing he didn’t touch. Too bad, I was just warming up to him, he spoke plainly, succinctly, and not down to me. Funny how the media couldn’t knock him around fast enough, if he were a Democrat, there would hardly be a ripple!

Another point; his beleaguered wife Gloria was portrayed as a victim or enabler, yet Hillary was heroic for standing by her cheatin’ man…

Cathedral High lost a heart breaker in the Div. 4 Super Bowl after a touchdown was called back because the QB raised his arm in the air for TWO STEPS as he approached the end-zone. A new MIAA rule enacted this year prohibits taunting and excessive celebration. What I saw was not directed at his opponents or excessive, but apparently the rules are the rules and the points were taken off the board. I’ll agree with the spirit of the rule, sportsmanship is an important lesson, and taunting or excessive celebration should not be tolerated, BUT, celebrations are tolerated in other sports without penalty-hockey players raise their sticks, then tap gloves down their bench, dugouts empty and players gather at home plate to celebrate a home run, basketball players backslap and raise their hands (and get back on “D”) after a bucket.

This looked like nothing more than the joy of youth, not a Gronk Spike. The kids, though disappointed, behaved maturely, but in my opinion it’s the MIAA that needs to grow up.

The media and politicians (most with a “D”) denounce the Tea Party as a right-wing white only radical organization. Funny, during the Occupy movement’s illegal camping trip this fall, I didn’t notice too many minorities in their ranks.

Sometimes, one size does not fit all…

Proof that America is becoming stupider by the second: credit card agreements are now written at a 7th grade reading level.

When I take an escalator, I let it do the work, and stand there. I ignore the people behind me who rush up then huff and puff

or give me dirty looks. Hey donkey if you wanted to walk you should have taken the stairs!

Some leftover Christmas observations Christmas cards featuring cute toddlers and babies, OK, featuring College and High School aged kids, not so much; Decorator towels in your bathroom are a nice touch, but absolutely useless for drying your hands; my favorite version of “Jingle Bells” is provided by the beer bottles as I drive home to party; real trees leave enough pine needles in your home to make next year’s tree; the bus ad featuring a leaping Mouse King in leotards is aptly titled “Nutcracker”; how many ways can you spell “Chanukah” or is it “Hanukah” or… and, do midgets see Christmas as an insult or an opportunity to make extra money portraying Santa’s helpers?

The new ’11 series Crown Vics we drive have a most annoying feature. The NASCAR headrest may be a benefit in the event of an accident, but pulling an eihgt-hour tour with that thing forcing your head down is almost demeaning.

The NFL got a black eye when it was revealed during a drug sting that Chicago Bears wide receiver Sam Hurd was busted for dealing. He was overheard on taped surveillance bragging about moving over a thousand pounds of pot…and that was just for Ricky Williams! (just kidding) I am smarter than my GPS, but still use it so her feelings don’t get hurt.

Cops nationwide are becoming better armed. Philly boasts 1500 AR-15’s on the street in trained hands, one Arizona sheriff has a tank, and the NYPD admits it has the capability to down an aircraft. Meanwhile here in Boston we don’t have sufficient firepower to pop the inflatable lock.

Jammed napkin and paper towel holders drive me crazy. I need a whole sheet not a piece, but both are better than air dryers.

Is there any truth to the rumor that the Department is surveying victims and suspects in order to rate the service they received? Hmmm…so when the Officer tackled you and recovered the old lady’s pocketbook you stole was he professional and courteous?

There is only one thing more painful than clothes shopping with a woman-shoe shopping with a woman.

File under:” Do as I say…” After the candy machine commies imposed Draconian restrictions on employees city wide banning candy and tonic, I was in HQ and observed (GASP!) a candy machine in the caf…I had no idea M&M’s were a healthy food choice!

How soon before we experience this year’s “outrage” murder?

Voice prompts don’t understand my Boston accent or Italian last names.

A recent poll revealed 68% of voters in Massachusetts believe Obama is doing a good job. Strangely enough another poll showed 68% of voters in Massachusetts believe in leprechauns!

An Iranian nuclear scientist was killed

by a magnetic bomb stuck to his car. Being an Iranian Nuclear Scientist these days is becoming more dangerous than being an aspiring rapper, or turning your life around.

Followers of Republican candidate Ron Paul should be referred to as “Paul dancers”.

Hostess is filing for bankruptcy protection citing declining sales of cupcakes, yodels, devil dogs, etc. I figured when we decriminalized pot, sales would go up! I’ll be selling bumper stickers: “Save a Twinkie, eat a liberal!”

After a Christmas day accident (no injuries, thank God!) my beloved Benz was off to the shop for repairs. I got a rental that came with Sirius radio, and discovered a dangerous phenomenon: when the uptempo songs came on the bluegrass channel, I caught myself driving a little faster. I call it “Smokey and the Bandit” syndrome.

If you sweat while you’re eating does that constitute a workout?

A study has shown that obesity may be linked to a poor emotional relationship between toddlers and their mothers. I have just phoned my mother in Florida and informed her she will not be getting a Mother’s Day gift this year!

New Anti-terrorism regs passed by the Government, have included Mainland USA as a “war zone”. Under these measures, US citizens can be arrested and held indefinitely by our military. Behaviors that can land you in hot water: a missing digit, stockpiling guns and ammo, and storing over a week’s worth of food and water. And, showing the left hand doesn’t know what the right hand does, FEMA suggests storing a week’s worth of food and water in the event of a natural disaster or Zombie Apocalypse. So if you follow the government’s suggestions, you could run afoul of the government…talk about home grown terrorists!

A runaway golf cart at Dallas Cowboy Stadium injured several people after the operator slipped and fell out. It should have come as no surprise, because it was an E-Z Go. Georgia rep Hank Johnson (D) has labeled the continuing investigation into the BATFE’s “Fast and Furious” gunrunning scheme (which directly resulted in the death of US Border Patrol Agent Brian Terry, as well as countless Mexican nationals) a witch hunt against Attorney General Eric Holder and Obama orchestrated by the Republicans, the NRA, the Tea Party, and other assorted Right Wing radicals. You may remember Rep Johnson from his viral You Tube video of a Congressional hearing, during which he asked Navy Officers if the island of Guam would tilt or capsize if they stationed more assets at the Naval Base there. Truly the donkey is a fitting mascot for guys like this.

A sub-contractor processing MBTA commuter fare cards and 3 others were indicted and arrested following an investigation prompted by a sharp-eyed conductor. It seems the quartet were manufacturing phony cards and selling them on Craig’s List to the tune of about $4 million! The rub? They all requested Court Appointed (continued on page C15)

www.bppa.org

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A Proud Supporter of the Boston Police Patrolmen’s Association Scholarship Fund

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A

‘Support a runner’ – Help the Dana-Farber Cancer Center

t some point as a police officer, we all become less sensitive to the pains and struggles inherent in the calls we respond to on a daily basis. Dealing with a family trouble, or the blissfully ignorant citizen that left their now stolen laptop on their front seat, or notifying someone that a family member in another community has passed away all simply becomes “part of the job”.

I’m no different in that respect and can easily find myself carrying over that lack of sensitivity and caring into my personal life.

Reality always finds a way of slapping you across the face and making you realize that this job is after all, just a job, and that your life outside the station can not be ruled by the same disconnect commonly felt by law enforcement. Reality came to my door this past June when my older sister Holly, visiting from California, told me that she had been diagnosed with breast cancer earlier that week. According to her doctors, the outlook was good, a 38 year old athletic woman with no family history should pull through with day surgery and possibly some chemotherapy. At weeks end, she left my parents and I in good spirits and hopeful that by Christmas she would be healthy and enjoying the holiday season under the California sun.

As the weeks, and tests, went by we were confronted by one round of bad news after another. I found myself saying what we tell so many people that walk into our work lives with helpless situations, “things will get better” or “I’m sure this will work out in the end”. Once we found that the cancer had spread to her lymph nodes and that tests revealed a genetic predisposition to breast cancer, I quickly realized that the reality of the situation would not change by simply telling myself “things will work out”. Without major surgery, prolonged chemotherapy, and radiation the doctors called my sister a “ticking time bomb”.

One major surgery and 16 weeks of chemotherapy later Holly is weak, and although her wish of a healthy Christmas did not come true, she is happy to be on her way to recovery. She still faces 45 days of radiation in the spring, followed by one last surgery next October. In the end, getting back to “normal” will take almost two years from her initial diagnosis, and that is without any more bad news that has become all too familiar to my family. Through the last six

months, I couldn’t help but feel useless to my sister in California, the most I found myself doing was picking up the phone to offer support. I know she has an incredible group of friends and an employer that has offered her anything she needs to make a full recovery, but I still felt the need to physically do something to aid her in recovery.

I decided the best way to support her was to get up and do something, thus with very little reservation I signed up to run the 2012 Boston Marathon as part of the Dana Farber Marathon Team. I am running to show Holly the support I have only been able to vocalize to her the past few months. I also run to show my support towards the thousands of other families who have been affected by a cancer diagnosis. Most importantly, I run to do everything I can to ensure that someday no one will have to endure the struggle and pain that is inherent with a cancer diagnosis.

As a member of the Dana Farber Team I am required to raise a minimum of $4,000 for Dana Farber. Dana Farber, a world leader in cancer treatment and research, applies 100% of the marathon funds raised to support the Barr Program in Innovative Cancer Research. The program, part of the Dana Farber system, has received over $52 million in funding from the marathon team since 1990. I am asking for your support in helping me achieve my goal of raising over $6,000 for this worthy cause. I completely realize that times are tough for many, but the fundraising process has shown me how small donations from many quickly add up to a monumental donation. Any amount helps, and every cent raised goes towards ensuring that someday no one has to endure the harsh reality that follows a cancer diagnosis.

If you, or anyone you know, wishes to donate please visit www.rundfmc.org and search my name under “support a runner” to be directed to the donation page or feel free to email me at GreyE.bpd@cityof boston.gov if you wish to donate by another means. Donations are tax deductible and any amount, no matter how small or large is greatly appreciated.

Hope the New Year brings health and happiness!

Fraternally, Officer Ethan Grey Area A-1

Attention To all members of the Boston Police Relief Association Active Duty or Retired If you need to change your beneficiary or you are not sure of who your beneficiary is you can contact the relief office at 617-364-9565. If you leave a message your call will be returned and if necessary the paperwork will be sent out to you.

Thank you, William F. Carroll, Clerk, Boston Police Relief Association www.bppa.org

What is the Heart Bill?

By Jennifer Rubin he Heart Law presumption, commonly called the “Heart Bill” presumes that a police officer’s heart ailment is work-related for purposes of accidental disability retirement, unless there is sufficient evidence to rebut it. In other words, if you have a heart ailment (e.g., you have a heart attack), you are entitled to accidental disability retirement benefits unless the entity opposing the presumption can provide “competent evidence” proving that it was not work related. Even if there is absolutely no evidence that the impairment is work-related, the presumption stands. Attempts to overcome the presumption by pointing out numerous risk factors such as high cholesterol, obesity, or smoking arte typically unsuccessful because the mere existence of risk factors does not in and of itself rebut the presumption. The impact of the risk factors must include substantial evidence of how the risk factors affected the individual.

Even in the event that a heart ailment

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could not be said to have arisen in the line of duty, Massachusetts law provides that if a pre-existing condition is accelerated as a result of a hazard on the job, causation for the injury is established, even if the pre-existing condition is not work-related. For example, court cases have ruled that a police officer’s hypertension was exacerbated by normal police duties and thus work-related and that a fire fighter’s degenerative disc disease was exacerbated by working on a fire truck and thus work-related.

Furthermore, if you have a collective bargaining agreement that applies the Heart Law presumption to “injured-on-duty” leave, you may be entitled to 111F leave if you have a heart ailment and decide to go back to work. For example, if you have a heart attack and take 4 weeks to recover, you may be entitled to receive 111F pay for that time period instead of being forced to use your sick days. You should contact your union representative if you believe this may affect you.

❤

?

Military History Trivia:

Bill Carroll

What do you know about the history of the armed services?

1.

2.

3.

4.

5.

Can you name the five European countries that remained neutral during World War II? Whose picture is on the Purple Heart Medal?

What year was the United States Air Force formed?

Who was the first Commandant of the United States Marine Corps?

Who was the only American to fight in the War of 1812 and the Civil War? (see answers on page C13)

? How many can Sports Trivia:

Bill Carroll

you get correct?

1. What major league baseball teams have appeared in the most World Series Game Sevens?

2. What major leaguer needed the fewest at-bats to record his 3000th career base hit?

3. The Rose Bowl has always been played in Pasadena, California, however it was played in a different location once, can you name the location and the reason for the switch?

4. Who holds the Green Bay Packers record for touchdown passes in a regular season game?

5. Can you name the three NFL teams that had a perfect regular season record at home in 2011?

6. What NFL team scored the most points during the 2011 season?

7. What NFL team had the worst record against the point spread in 2011?

8. Can you name the NFL teams that play their home games in a dome and won the Super Bowl?

9. This veteran pitcher recently signed with the Detroit Tigers as a free agent, if he appears in one game with the Tigers he will set a major league record of playing for thirteen teams, can you name him?

10. Three NFL head coaches who were assistant coaches on Bill Parcell’s teams when he was a head coach have won the Super Bowl as head coaches, can you name them? (see answers on page C13)

PAX CENTURION • January/February 2012 • Page C5

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Walmart vs. the morons 1. Americans spend $36,000,000 at WalMart Every hour of every day.

2. This works out to $20,928 profit every minute!

3. Wal-Mart will sell more from January 1 to St. Patrick’s Day March 17 than Target sells all year.

4. Wal-Mart is bigger than Home Depot + Kroger + Target +Sears + Costco + K-Mart combined.

5. Wal-Mart employs 1.6 million people, is the world’s largest private employer, and most speak English.

6. Wal-Mart is the largest company in the history of the world.

7. Wal-Mart now sells more food than Kroger and Safeway combined, and keep in mind they did this in only fifteen years.

8. During this same period, 31 big supermarket chains sought bankruptcy.

9. Wal-Mart now sells more food than any other store in the world.

10. Wal-Mart has approxinately 3,900 stores in the USA of which 1,906 are Super Centers; this is 1,000 more than it had five years ago.

11. This year 7.2 billion different purchasing experiences will occur at Wal-Mart stores. Earth’s population is approximately6.5 Billion.

12. 90% of all Americans live within fifteen miles of a Wal-Mart.

You may think that I am complaining, but I am really laying the ground work for

suggesting that MAYBE we should hire the guys who run Wal-Mart to fix the economy.

Better yet, just move The White House to BENTONVILLE, ARKANSAS and let Wal-mart take it over!

This should be read and understood by all Americans – Democrats, Republicans, EVERYONE!! To President Obama and ALL 535 voting members of the Legislature, It is now official that the majority of you are corrupt morons: a. The U.S. Postal Service was established in 1775. You have had 234 years to get it right and it is broke. b. Social Security was established in 1935. You have had 74 years to get it right and it is broke. c. Fannie Mae was established in 1938.

You have had 71 years to get it right and it is broke. d. War on Poverty started in 1964. You have had 45 years to get it right; $1 trillion of our money is confiscated each year and transferred to “the poor” and they only want more. e. Medicare and Medicaid were established in 1965. You have had 44 years to get it right and they are broke. f. Freddie Mac was established in 1970.

You have had 39 years to get it right and it is broke. g. The Department of Energy was created in 1977 to lessen our dependence on foreign oil. It has ballooned to

Say it isn’t so (anymore) P.O. Jay Moccia s technology advances seemingly by the second, as the cost of living increases daily, and society’s mores fluctuate between the prudish and perverse, certain sayings face extinction, or have already died of natural causes. Some are out dated, others have no meaning, or are irrelevant by today’s standards.

Drop a dime phone calls haven’t been a dime in 20 years, AND snitches get stitches…

Dime a dozen seriously, nothing is that cheap anymore…

Dollars to doughnuts not that I would know, but doughnuts now cost $1.25 (so I’ve heard)…

Take that to the bank with interest rates under 2% you might as well put it under your bed…

When in Rome, do as the Romans do when in the U.S.A. press 2 for English…

You look like the cat that ate the canary Just don’t let PETA find out…

She’s a tall drink of water that would be the liter bottle, I guess…

If it’s free it’s for me now known as the Department of Transitional Assistance…

Sure as shooting not so accurate when you hold the gun sideways…

Give me a ring tongue, nose or eyebrow…

Baker’s Dozen now only 12 due to lack of dough…

A woman’s place is in the home unless she can hire an au pair…

Thank God or Thank Heaven and offend everyone it seems…

That’s for me to know and you to find out just try Google, Youtube or Twitter…

Spends money like a drunken sailor replaced by “like a Democrat”…

War is Hell we know but could you try not killing anybody it’s bad press…

Beggars can’t be choosers see Dept. of Transitional Assistance (above)…

Black Hole of Calcutta that’s where my tech support guys are, right?...

Blaze of Glory changed to suicide bomber…

It’s all Greek to me used to mean confusing, but now it means you’re broke…

Buy the farm subsidies included in seller’s price…

The grass is always greener when your neighbor has a lawn service…

Gravy train see Dept. of Transitional Assistance or State Lottery…

Thick as thieves or as I say, Congress Hack Writer Me As well as these sayings, there is an entire generation who have never heard a rotary phone dial, a TV station sign off, a coffee percolator, and a manual typewriter.

A

www.bppa.org

16,000 employees with a budget of $24 billion a year and we import more oil than ever before. You had 32 years to get it right and it is an abysmal failure. You have FAILED in every “government service” you have shoved down our throats while overspending our tax dollars.

Folks, keep this circulating. It is very well stated. Maybe it will end up in the emails of some of our ”duly elected’ they never read anything) and their staff will clue them in on how Americans feel. AND I know what’s wrong. We have lost our minds to “Political Correctness” !!! Someone please tell me what the HELL’s wrong with all the people that run this country!!!

We’re “broke” and can’t help our own Seniors, Veterans, Orphans, Homeless, etc.?

Recently we have provided aid to Haiti, Chile, and Turkey. And now Pakistan… home of bin Laden. Literally, BILLIONS of DOLLARS!!! Our retired seniors living on a ‘fixed income’ receive no aid nor do they get any breaks while our govern-

ment and religious organizations pour hundreds of billions of $$$$$$’s and tons of food to foreign countries! We have hundreds of adoptable children who are shoved aside to make room for the adoption of foreign orphans. AMERICA: a country where we have homeless without shelter, children going to bed hungry, elderly going without ‘needed’ meds, and mentally ill without treatment, etc, etc.

Yet, They had a ‘benefit’ for the people of Haiti on 12 TV stations, ships and planes lining up with food, water, tents clothes, bedding, doctors and medical supplies.

Imagine if the ‘GOVERNMENT’ gave ‘US’ the same support they give to other countries. Sad isn’t it?

The one thing that is different from Walmart and our government officials is in one word and that word is ACCOUNTABILITY! Everyone is responsible for their job from the cart pusher to the chairman of the board and each one answers for the job they are given.

Questions that haunt me Can you cry under water?

How important does a person have to be before they are considered assassinated instead of just murdered?

Once you’re in heaven, do you get stuck wearing the clothes you were buried in for eternity?

Why does a round pizza come in a square box?

What disease did cured ham actually have?

How is it that we put man on the moon before we figured out it would be a good idea to put wheels on luggage?

Why is it that people say they ‘slept like a baby’ when babies wake up like every two hours?

Why are you IN a movie, but you’re ON TV? Why do people pay to go up tall buildings and then put money in binoculars to look at things on the ground?

Why do doctors leave the room while you change? They’re going to see you naked anyway...

Why is ‘bra’ singular and ‘panties’ plural?

Why do toasters always have a setting that burns the toast to a horrible crisp, which no decent human being would eat?

If Jimmy cracks corn and no one cares, why is there a stupid song about him?

Why does Goofy stand erect while Pluto remains on all fours? They’re both dogs!

If corn oil is made from corn, and vegetable oil is made from vegetables, what is baby oil made from?

Do the Alphabet song and Twinkle, Twinkle Little Star have the same tune?

Why did you just try singing the two songs above?

Did you ever notice that when you blow in a dog’s face, he gets mad at you, but when you take him for a car ride, he sticks his head out the window?

Why, Why, Why do we press harder on a remote control when we know the batter-

ies are getting dead?

Why do banks charge a fee on ‘insufficient funds’ when they know there is not enough money?

Why does someone believe you when you say there are four billion stars, but check when you say the paint is wet?

Why do they use sterilized needles for death by lethal injection?

Why doesn’t Tarzan have a beard?

Why does Superman stop bullets with his chest, but ducks when you throw a revolver at him?

Why do Kamikaze pilots wear helmets?

If people evolved from apes, why are there still apes?

Why is it that no matter what colour bubble bath you use the bubbles are always white?

Is there ever a day that mattresses are not on sale?

Why do people constantly return to the refrigerator with hopes that something new to eat will have materialized?

Why do people keep running over a thread a dozen times with their vacuum cleaner, then reach down, pick it up, examine it, then put it down to give the vacuum one more chance?

Why is it that no plastic bag will open from the end on your first try?

How do those dead bugs get into those enclosed light fixtures?

Why is it that whenever you attempt to catch something that’s falling off the table you always manage to knock something else over?

In winter why do we try to keep the house as warm as it was in summer when we complained about the heat?

How come you never hear father-in-law jokes?

And my FAVORITE......... The statistics on sanity is that one out of every four persons is suffering from some sort of mental illness. Think of your three best friends — if they’re okay, then it’s you.

PAX CENTURION • January/February 2012 • Page C11

EATON VANCE IS A PROUD SPONSOR OF The Boston Police Patrolmen’s Association Scholarship Fund to Benefit Families of Police Officers

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Food for thought

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his puts it into a much better perspective and is the same for many countries in Europe. Why the U.S. was downgraded: U.S. Tax revenue: $2,170,000,000,000.

Federal budget: $3,820,000,000,000.

New debt: $1,650,000,000,000.

National debt: $14,271,000,000,000.

Recent budget cuts: $38,500,000,000.

Let’s now remove eight zeros and pretend it’s a household budget:

Annual family income: $21,700.

Money the family spent: $38,200.

New debt on the credit card: $16,500.

Outstanding balance on the credit card: $142,710.

Total budget cuts: $385.

Got It ?????

OK, now Lesson # 2: Here’s another way to look at the Debt Ceiling – Let’s say, You come home from work and find there has

Trivia Answers Military History

?

(see questions on page C5)

5.

4.

A

What do you think you should do…

Raise the ceilings, or pump out the crap?

Your choice is coming November 2012.

A Russian arrives…

Russian arrives in New York City as a new immigrant to the United States.

He stops the first person he sees walking down the street and says, “Thank you Mr. American for letting me come into this country, giving me housing, food stamps, free medical care, and a free education!”

The passerby says, ”You are mistaken, I am a Mexican.”

The man goes on and encounters another passerby. “Thank you for having such a beautiful country here inAmerica.” The person says, “I not American, I Vietnamese.”

The new arrival walks farther, and the next person he sees he stops, shakes his hand, and says, “Thank you for wonderful America! That person puts up his hand and says, “I am from Middle East… I am not American.”

He finally sees a nice lady and asks, “Are you an American?” She says, “No, I am from Africa….”

Puzzled, he asks her, “Where are all the Americans?”

The African lady checks her watch and says, Probably at work.”

MORGAN & SILVIA, LLP Divorcing?

Child Support Issues?

3.

2.

1.

The five European countries that remained neutral during World War II were Sweden, Switzerland, Ireland, Portugal, and Spain.

The picture on the Purple Heart Medal is that of the first President of the United States George Washington.

The United States Air Force was created by President Harry Truman on July 26, 1947.

It had previously been part of the United States Army.

The first Commandant of the United States Marine Corps was Naval Captain (ouch) Samuel Nicholas who became the Commandant on November 28, 1775, approximately even months before the United States of America government was formed.

The only American to fight in both the War of 1812 and the Civil War was John Burns who fought alongside General Andrew Jackson in the Battle of New Orleans in 1814 and as a sixty-nine year old resident of Gettysburg, Pennsylvania he fought for three days with Union troops during the historic battle on July 1-3, 1863. During the Battle of Gettysburg he was wounded three times but survived and he died in Gettysburg in 1872 at the age of 78.

Sports

Call the law firm of Morgan & Silvia, LLP 400 Trade Center, Suite 5900 Woburn, MA 01801 781-569-5885

www.morgansilvialaw.com

(see questions on page C5)

1. The New York Yankees and the St. Louis Cardinals have both played in eleven World Series Game Sevens. The Yankees are 5-6 in those games and the Cardinals are 8-3.

2. Ty Cobb needed only 8,101 at bats to reach 3,000 base hits.

3. On January 1, 1942 the Rose Bowl was played in Durham, North Carolina. The game was moved due to security concerns in California as a result of the Japanese attack on Pearl Harbor. Oregon State defeated Duke University 20-16.

4. On January 1, 2012, Packers backup QB Matt Flynn threw six touchdown passes against the Detroit Lions to set a Packers regular season game record.

5. The three NFL teams that perfect regular season records of 8-0 at home this season were the Packers, Saints, and Ravens.

6. During the 2011 season the Green Bay Packers scored 560 points to lead the NFL, the Saints were second with 547.

7. The worst record against the point spread during the 2011 NFL season is owned by the Minnesota Vikings who went 3-13 against the spread.

8. The three NFL teams that play their home teams in a dome and have won the Super Bowl are the St. Louis Rams, the Indianapolis Colts, and the New Orleans Saints.

9. Righthander Octavio Dotel recently signed with the Detroit Tigers and if he appears in one game with them he will set a major league record for playing for the most teams. Hhas already played for the New York Mets, Houston Astros, Oakland A’s, New York Yankees, Kansas City Royals, Atlanta Braves, Chicago White Sox, Pittsburgh Pirates, Los Angeles Dodgers, Colorado Rockies, Toronto Blue Jays, and the St. Louis Cardinals.

10. The three Parcells assistants that have won the Super Bowl as a head coach are Bill Belichick, Tom Coughlin with the Giants, and the Saints Sean Payton.

PAXCENTURION CLASSIFIEDS APARTMENTS FOR RENT The Management of 17-19 Winter Street Apartments is currently offering a 20% discount to men and women of the Boston Police / Academy on a 2 bedroom unit one bathroom in Dorchester consisting of approx. 750 square feet.

Conveniently located at meeting House Hill, this unit includes heat, hot water, and parking for $1,050.00 per month.

• Full credit report will be processed • Security and 1st months rent required at lease signing • Proof of employment This unit will be available for a December 1st move in date on a first come first served basis. This offer expires June 2012, Please contact our office at 781-878-3933, Ext. 12 or visit our web page at 1719winter.com for pictures of our unit and a map. www.bppa.org

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It’s what we do, not who we are! (continued on page C3) attorneys because they are …indigent. What a slap in the face of tax-payers. How about seize their assets and use them to pay for a lawyer, or hand the money over to the cashstrapped MBTA? Speaking of the T, after child advocates complained, the T will no longer allow ads for alcohol in its stations and fleet. The loss for the financially strained bureaucracyover $1.5 MILLION! Officials state that only a small portion will be recouped through re-sale to other advertisers. Maybe I can get a deal on my “Save a Twinkie-Eat a Liberal” campaign?

The City of Boston has installed charging stations for electric cars all around the town. I wonder how long it will take the bums to figure out how to use them to charge their iPhones and laptops?

NHL Commentator and former Bruin Mike Milbury (who routinely gripes about the pansification of hockey) was charged after allegedly assaulting a local youth hockey player who fought with Mike’s kid during a game. Charges were dropped when it was revealed he yelled “you call that a punch? Hit him like you mean it sissy” Nike released a new version of its classic “Air Jordan”. Nationwide mayhem ensued with fights, and even shootings as consumers jockeyed for the high priced sneakers. May I suggest “These new kicks are killer” for a marketing slogan or maybe “run faster, jump higher, shoot straighter”.

An aide to Senator Kerry revealed the identity of a CIA operative, and it landed on page 8 of the Herald…When Bush “outed” Valerie Plame, it was front page news for weeks.

Those Navy SEALS were at it again. This time they raided a Somali pirate compound to free two US hostages. During the ensuing gunfight several of the corsairs were felled by lead poisoning, courtesy of the US of A! There were no US casualties, but several SEALS complained of blisters on their trigger fingers…Score: SEALS 2- Pirates 0 Gov. Patrick declared January 25, 2012 “No Name Calling Day”, and urged students to wear black in support of people who are ridiculed. To show my opposition, I wore a bright red shirt, and made several disparaging remarks about our diminutive despot Deval.

I saw a fat woman wearing a fur coat, and one of those stupid animal hats. I thought she was a bear and shot her.

A Cambridge activist (shocker!) named Dan DeGuglielmo has filed a lawsuit against the Commonwealth of Massachusetts in order to get the state to drop its Official symbol. The flag depicts an Indian under a sword, and Dan claims it’s offensive to Native Americans. DeGuglielmo may be affiliated with one of several tribes: the Sioux-cilian, the WOP-anoags, or the Milan-ahegans. His Indian name is “Dances with WOPS.” During an interview on 60 Minutes, President Obama ranked himself as the 4th best President ever, behind FDR, Lincoln, and Johnson (Andrew or Lyndon??). WOW! Talk about hubris, this guy must put his pants on two legs at a time. Does he think Jesus prays to him? Is it true he yells at the TV when those “Most Interesting Man in www.bppa.org

the World” commercials come on because he’s not in them? 4th best, don’t sell yourself short, you’re #1, as in WORST President ever.

Those wacky teachers are at it again, after defiling Columbus, banishing Santa Claus, and disavowing the Easter Bunny, they’re martyring St. Valentine. The Horace Mann School in Newton is considering a ban on sugary treats on Valentine’s Day because it violates the school’s food sharing policy as well as healthy eating guidelines. Instead of candy, these educators are offering origami and cards as an alternative…how Un-Green, wasting all that paper and killing all those trees! Horace Mann, politician, reformer, educator, candy banner, he must be spinning like a top in his grave.

A group of Marine Scout-Snipers have found themselves in hot water after a video surfaced of them allegedly urinating on dead Taliban fighters. The media is calling for scalps and the military is investigating.

In what was probably the only thing Presidential candidate Rick Perry has said recently, he really put it in perspective. He called the incident a stupid mistake made by teenage kids, and decried the Obama administration for a disdain of the military, and over the top rhetoric. My sentiments exactly! Look at the stupid things we see College kids do every weekend and the only thing they’re putting on the line is tuition.

These are kids who can’t even drink in a bar because we (adults) feel they are not responsible enough, yet when we (adults again) place them in life threatening, high stress, dangerous situations; then act surprised when they behave like, well, kids. If this is true, so what, while embarrassing, punishment should be tempered with discretion. Don’t forget, we have GITMO as well as several other places stocked with terrorists captured in battle, these savages don’t. They routinely dispose of people by beheading and have desecrated the corpses of Americans. The real shocker-Sen. John McCain who called for charges to be brought…hmmm I remember being impressed when he defended his use of the slur “Gooks” when referring to his former hosts in North Viet Nam. He told the press that “those people” tried to kill me, kept me in a cage and tortured me. That’s the nicest way I will ever refer to them. What is so different between then and now?

Arizona Governor Jan Brewer was caught wagging her finger at Obama during his visit to the Grand Canyon State. It seems the Pres gave her a dressing down because of an unflattering portrayal in her book. Not to be embarrassed in Public, Brewer gave it right back. Bet he’d never talk to Michelle like that, and get away with it! Obama’s fans in the mainstream liberal media were quick to condemn Brewer who is on record as holding great respect for the Office of the President, but found its current occupant “condescending”. Funny, when an Iraqi journalist threw his shoe at Bush the press treated it like a big joke.

After backstopping Boston to a Stanley Cup victory, I thought my opinion of Bruin’s net-minder Tim Thomas couldn’t get much

higher. That was until he declined a visit to the White House and a meet and greet with Obama. He justified his absence in a Facebook post in which he blamed BOTH parties, but as usual, the press only seized on his snub of Obama. Over the years, several sports figures have opted out of this event, including Theo Epstein (Bush), and Larry Bird (Reagan), but I guess it’s OK if the White House is occupied by a Republican. As one of only two Americans on the B’s, he has the right to his opinion, and chose not to attend-just like the rest of the country 50% disagree with Obama. The only ones who made a big deal out of it were the press.

Finally, as of this writing, the Patriots are once again heading for the Super Bowl (or do I have to call it the Big Game?). And once again the hard working men and women of the Boston Police Department have been ordered in, no days off, no C-

T

Days, no swaps, etc. with the threat of the dreaded “P-Day” hit list held like the sword of Damocles over our collective (bargained) heads. All over the city Officers were browbeaten into rescinding P-Day requests, with vague threats of transfer or loss of assignment, though to date I cannot recall anyone that’s happened to as yet. Although we (rank and file Officers) only have a limited number of weekends per year to use as we see fit, the City doesn’t blink an eye to cancel our Saturdays or Sundays off. I say it’s time to poke that eye! Language should be included in contract negotiations that would require the City to reimburse us at double time, AND give us back a day (similar to a training day) to make up for calling us in on a scheduled day off. That being said, stay safe, Go Pats, and if anyone’s looking for me on Super Bowl Sunday, I’ll probably be in Copley Square…

Keep Your Eye on Waukesha, Wisconsin

heir biggest employer just moved out. General Electric is planning to move its 115-year-old X-ray division from Waukesha, Wisconsin to Beijing. In addition to moving it’s headquarters, the company will invest $2 billion in China and train more than 65 engineers and create six research centers.

This is the same GE that made $14-billion in the United States last year, but paid no taxes. The same company that employs more people overseas than in the United States.

So let’s get this straight. President Barack Obama appointed GE CEO Chairman Jeff Immelt to head his commission on job creation Job Czar). He is supposed to help create jobs. I guess the President forgot to tell him which country he was supposed to be creating those jobs.

Soon, you all will understand that Obama has an agenda. He no longer wants the United States to be considered a superpower.

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