January - Arizona Conference of Police and Sheriffs

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January - Arizona Conference of Police and Sheriffs Powered By Docstoc
					The Voice of Arizona Law Enforcement
Volume 4, Issue 2                                                                                 Fall/ Winter 2003

    Judge Orders Pima County Sheriff to Reinstate
    Deputy Joe Harvey to Duty With Full Back Pay
     fter more than two years of fight-                                                   an independent hearing officer and a
A    ing his unjustified firing, Deputy                                                   whole commission said Joe didn’t do
Joe Harvey, a founding member of the                                                      anything wrong,” Storie told the Ari-
Pima County Deputy Sheriffs Associa-                                                      zona Daily Star in an interview follow-
tion, has been ordered returned to duty                                                   ing the court ruling.
with full back pay.
                                                                                          “We’ll see if they finally get it now.
The ruling came Nov. 5 from Pima                                                          This should be the end of this ordeal,”
County Superior Court Judge Leslie                                                        Storie told the newspaper.
Miller, who noted that Sheriff Clarence
Dupnik refused to reinstate the AZ-                                                       Harvey, too, welcomes an end to the
COPS member in March in defiance of                                                       fight to save his job and reputation. He
a ruling by the county Merit Board fol-                                                   said that the firing and the negative
lowing an appeal hearing.                                                                 publicity that resulted created a night-
                                                                                          mare for him personally and an atmos-
Harvey was suspended Aug. 29, 2001,                                                       phere that left him untouchable by any
then fired Sept. 25, 2001, for allegedly                                                  other law enforcement agency.
using excessive force on a subject who          Deputy Sheriff Joe Harvey
                                              Photo courtesy of the Arizona Daily Star
had attempted to run down one deputy,                                                     AZCOPS President Jim Parks heralded
taken other deputies on a 14-mile          ties association. It’s is a great feeling to   the court decision as “a triumph by one
chase, then refused to comply with offi-   know that your labor organization will         law enforcement officer and his union
cers’ directions to place his hands in     back you up when things get tough,”            over those forces who choose to ignore
plain view. The suspect was ultimately     Harvey said after winning his appeal           impartial inquiries into the behavior of
subdued after a hard struggle. When the    hearing in March.                              an officer who, after 14 years, has more
prisoner started to pass out, Harvey had                                                  decorations than any other active dep-
to slap him to obtain basic information    Following the judge’s ruling Harvey            uty in his department.”               ■
and to determine whether he had taken      again thanked his union and its mem-
any drugs, a recognized technique in       bers for “unwavering support” through-         Our Newly Elected Officers
this situation.                            out his two-year ordeal. “I just want to
                                           get back into a patrol car and go to           The ballots have been tabulated in the
The Merit Board ruled that there was       work again,” he added.                         election of officers for 2004. Jim Parks
no cause for Harvey’s termination and                                                     was re-elected President without oppo-
ordered his reinstatement with back        While attorney Storie declared the             sition. Chuck Foy, the union’s founding
pay. Dupnik refused, forcing Harvey to     court decision a victory, he said any          president, was elected Vice President.
file a law suit. Harvey has been on paid   celebration should wait until the Pima         Joe Harvey was elected Secretary
administrative leave since March.          County Sheriff’s Department decides to         Treasurer. They take office January 1.
                                           accept the court’s order and the earlier
“I am so grateful for all the support      ruling by the Merit Board.                     The position of Vice President was
given to me by (AZCOPS attorney)                                                          added for the next year, and the jobs of
Mike Storie, AZCOPS, the Tucson Po-        “They’re fighting tooth and nail and           Secretary and Treasurer were combined
lice Officers Association and our depu-    they can’t seem to accept the fact that        into one office.
  President’s Message by Jim Parks
A New Year Offers New Challenges, Opportunities
           coming a
W ith 2003touch ontotheclose I would
  like to                success we
                                                                                          become stagnant and ineffective. We,
                                                                                          as members, must continue to organize
have had this past year and what the                                                      our fellow employees. As we have been
coming year has in store for AZCOPS.                                                      told in the past, we must organize from
                                                                                          within if we wish to survive and
First, I would like to take this opportu-                                                 strengthen our cause. There is strength
nity to thank everyone for his and her                                                    in numbers, and we will continue to
efforts over the past year. I know all of                                                 expand our membership base through
you have given up quality times with                                                      aggressive recruitment. Again, if you
your families and friends in order to                                                     need help with this, we will be there for
make your associations and AZCOPS                                                         you.
the successful organizations they have
become. Thank you! We would not be                                                        With all of the accomplishments over
successful without your support.                                                          the past year, our future requires that
                                                                                          you, our membership, make this the
Now is the time that we must continue                                                     organization that it can become. I com-
the push for a Meet and Confer ordi-                                                      mend you for all the hard you have
nance at all local levels as well as a                                                    done in the past to bring AZCOPS the
strong push at the legislative level. If          JIM PARKS, PRESIDENT                    successes that we have enjoyed thus
we continue to succeed at the local                                                       far. This union cannot — and will
level it will make it that much easier at    tive program to the 90 elected state         not — succeed without your continued
the state level. We have had several         senators and representatives in Phoe-        support and involvement. The Union is
associations that have won that battle.      nix. It will be a top AZCOPS priority        YOU.
                                             next year and in the years to come.
However, there is still a lot of unfin-                                                   Again, if you have any concerns about
ished business to attend to. I urge all of   We must continue to improve upon our         anything dealing with AZCOPS, I in-
you to continue this push and, as al-        Legal Plan. As the needs of our mem-         vite you to bring them to our attention.
ways, do not hesitate to contact AZ-         bership evolve so must our Legal Plan.
COPS for assistance.                         Not only do we have the best Legal           I look forward to working with all of
                                             Plan in the state, we have the best attor-   you in the new year. Be safe, and take
Speaking of legislation, the need to         neys available assisting our members         care of one another.                ■
continue to build a strong statewide         with their needs and concerns. Martin
legislative program is paramount. AZ-        Bihn, our General Counsel, has done an
COPS must increase its presence at the       outstanding job putting together a great     AZCOPS Speaks is the official publi-
local level and at the state capitol as      legal team consisting of over 30 attor-      cation of the Arizona Conference of
well. Matt Knowles of the Phoenix Po-        neys throughout the state to assist us.      Police and Sheriffs, Local 7077, which
lice Sergeants and Lieutenants Associa-                                                   determines its entire content, and is
tion did a commendable job as our Leg-       While other Arizona law enforcement          published quarterly. Comments or cor-
islative Director.                           organizations crow about how great           respondence should be addressed to
                                             their respective plans are, they are not     AZCOPS, Local 7077, 606 South
But, with Matt’s departure as our direc-     telling officers that they require co-       Plumer Avenue, Tucson, AZ 85719.
tor, we will need to search for a re-        pays and formal votes of approval be-        Stories submitted for publication be-
placement quickly, whether it is a full      fore their benefits are available to any     come the property of AZCOPS Local
time or part time lobbying position. We      of their members. That has never been        7077, and may be edited for clarity and
want to hear from any of you who are         the case with the AZCOPS Legal Plan.         content. Stories and/or photos may be
interested in becoming our Legislative                                                    submitted for publication to the above
Director.                                    Probably one of the most important           address. Photos submitted will be kept
                                             jobs in AZCOPS is that of our organ-         by AZCOPS, Local 7077, unless their
We will not take a back seat to anyone       izer, and his ability to reach out to pro-   return is requested in writing at the
in aggressively presenting our legisla       spective affiliates. Without growth we       time of submission.

Page 2                                                  AZCOPS Speaks                                             Winter 2003/04
Know Your Legal Rights
Fireman’s Rule Also Applies to Law Enforcement Injuries
T he AZCOPS Legal teambehalf of
  filed an amicus brief on
                                                                                          The trial court initially dismissed Tay-
                                                                                          lor’s case on the basis of the Fireman’s
POSA member Darius Taylor in his                                                          Rule. On appeal, the Court of Appeals
civil lawsuit arising out of an injury he                                                 recognized that, “the Fireman’s Rule
sustained while on duty. The important                                                    does not apply to conduct other than
issue at stake was the application of the                                                 that which necessitated calling the fire-
“Fireman’s Rule.”                                                                         fighter or police officer and does not
                                                                                          apply to independent acts of miscon-
Most officers have not heard of this                                                      duct committed after the firefighter or
rule, but it applies to both firefighters                                                 police officers has arrived at the
and law enforcement officers.                                                             scene.”

Basically, this rule bars public safety                                                   The Court of Appeals then specifically
employees from suing for injuries re-                                                     recognized that Officer Taylor was
ceived on duty as a result of a third per-                                                called to the scene to assist in the stop
son’s negligence. It is this rule that has                                                of the driver suspected of DUI, not to
caused me to consistently counsel po-            General Counsel Martin Bihn              stop the independent conduct of the
lice officers who are injured on duty        physically combative. He exited the          passenger. Accordingly, the Court of
that: although they have a worker’s          vehicle and proceeded to attack Officer      Appeals reversed and remanded the
compensation claim, they are barred          Taylor. Officer Taylor was able to sub-      case to lower court for further proceed-
from filing negligence claims against        due the intoxicated physician, but in the    ings.
the perpetrator.                             process of doing so, the physician se-
                                             verely injured Taylor’s shoulder.            Please understand that the application
I also want to make clear that I believe                                                  of the Fireman’s Rule is very fact spe-
officers can file claims based on the        The physician subsequently faced             cific and will most often preclude
intentional conduct of the perpetrators,     criminal charges and was also sued,          claims filed by others against perpetra-
I.e. assaults, etc., but the problem in      personally, by Officer Taylor.               tors.                                 ■
those cases is that insurance does not
cover intentional acts. It is the negli-
gent act of these perpetrators for which     What The State Court of Appeals Said...
insurance money is available.                “Under the fireman’s rule, a person          tated call the firefighter or police offi-
                                             who negligently causes or contributes        cer and does not apply to independent
AZCOPS Legal’s intent in Taylor’s            to a fire that causes the injury or death    acts of misconduct committed after the
case was to roll back or eliminate the       of a responding firefighter cannot be        firefighter or police officer has arrived
application of the Fireman’s Rule for        held liable for that injury. The public      at the scene.
law enforcement. While we obtained a         owes no duty to the firefighter to exer-
victory for Taylor, the Court of Ap-         cise care so as to not require the ser-      “However, it does apply to events that
peals did not publish the opinion so         vices for which the firefighter is trained   constitute the reason for his presence at
there is no widespread application for       and paid. The fireman’s rule applies to      the scene. Consequently, courts have
other law enforcement officers.              police officers as well.                     held that the fireman’s rul bars negli-
                                                                                          gence actions by a police officer struck
The facts in Taylor are as follows: Offi-    “Whether the fireman’s rule applies in       by a negligent driver while directing
cer Taylor was off duty and driving          a given situation depends on whether         traffic at an accident a police
home from work in a marked cruiser           the negligently created risk which re-       officer bitten by a dog while respond-
when he came upon a DUI stop in pro-         sulted in plaintiff’s injury was the rea-    ing to a burglary alarm where the
gress on a busy Scottsdale highway.          son for (the firefighter’s or police offi-   owner failed to warn about the dogs on
Taylor pulled over to offer assistance.      cer’s) being at the scene in his profes-     the premises...or by a police officer in-
Taylor exited his vehicle and took up a      sional capacity.                             jured when a motorist he stopped for
position to observe the passengers in                                                     speeding negligently rear-ended his
the suspect vehicle. One of the passen-      “The fireman’s rule does not apply to        vehicle.”                               ■
gers, a physician, became verbally and       conduct other than that which necessi-

Winter 2003/04                                           AZCOPS Speaks                                                      Page 3
                              AZCOPS Second Annual
Leadership Training, Nomination of 2004 Officers,
Awards Ceremony Are Featured Conference Events
      ore than 100 AZCOPS leaders
M     from throughout the state were
welcomed May 4 by President Jim
Parks at the opening of the union’s Sec-
ond Annual State Convention at the
Gold Canyon Resort near Apache Junc-

“I want to thank everyone for his or her
efforts over the past year. I know all of
you have given up quality time with
your families and friends in order to
make your associations and AZCOPS
the successful organizations they have
become,” Parks said in opening the
two-day annual meeting.
                                            AZCOPS CONFERENCE DELEGATES are welcomed to the Gold Canyon Re-
Parks thanked the Apache Junction
                                            sort in Apache Junction by President Jim Parks. More than 100 union leaders from
POA and its members for the hard
                                            throughout Arizona attended the two-day annual weekend meeting.
work necessary to host the conference,
singling out President Bill Virtue and      representative present during any meet-    lawyer in disciplinary hearings,” Bihn
Treasurer Candi Nilles for their efforts.   ings with supervisors or other employer    said.
                                            representatives, Bihn said. However, he
The activity-packed weekend featured        cautioned, a personal representative can   Gerrity, Bihn said, can be invoked if
four seminars designed to provide lead-     only observe and cannot be an attorney     you are ordered to answer questions
ers with training in critical situations    unless agreed to by the employer. Fur-     during a meeting with a supervisor or
faced daily by line officers.               ther, the law does not cover probation     employer representative. He strongly
                                            officers, he said.                         suggested if being questioned to asked
Nominations for 2004 officers were,                                                    if you are being ordered to answer, If
President; Jim Parks, Tucson POA,           “That makes it important to have a         so, invoke Gerrity, which prevents any
(unopposed); Vice President: Chuck          Meet and Confer agreement to define        of your statements from being used
Foy, Peoria POA; Joe Masella, Arizona       your rights to a union representative or   against you in a criminal proceeding.
Correctional POA; John Stair, Arizona
Probation OA; and Bill Virtue, Apache                                                  Miranda, a warning against self-
Junction POA; Treasurer: Joe Harvey                                                    incrimination and your right to have an
and Floyd Wilkes, both Pima County                                                     attorney present during any question-
DSA. The election process is under                                                     ing, also applies to law enforcement
way as AZCOPS Speaks goes to press.                                                    officers, Bihn said. “If you are given a
                                                                                       Miranda warning, invoke your rights,
The session on Weingarten vs. Garrity                                                  end the interview and leave,” he said.
vs. Miranda: Know Your Rights, con-
ducted by AZCOPS General Counsel                                                       “If you invoke Miranda in the context
Martin Bihn, focused on protecting          APACHE JUNCTION POA hosted                 of a criminal investigation, your em-
your rights when faced with possible        the conference at the Gold Canyon Re-      ployer cannot charge you with insubor-
discipline.                                 sort. Shown above are (L. to R.)           dination.” And, he added, “You union
                                            AJPOA President Bill Virtue, Apache        representatives must stop all testimony
Weingarten, now a law in Arizona            Junction City Councilman Dave Wal-         if it gets into any area of possible
(ARS 38-1101), permits an employee          dron, a former police officer, and         criminal liability.”
facing discipline to have a personal        AJPOA Treasurer Candi Nilles.              (continued on next page……………..)

Page 4                                                AZCOPS Speaks                                           Winter 2003/04
State Convention Convenes
(………continued from previous page)
Sgt. Burt Robinson of the Chandler Po-
lice Intelligence Unit, a 19-year veteran
in the department, conducted the ses-
sion on Probation Officers: Lethal
Force—What is Next?.

“You are responsible for justifying
your own actions,” Robinson warned.
That said, he defined guidelines to
govern the activities of probation offi-
cers as well as protect them in the event
they are involved in a “critical inci-

The seminar was heavily attended by
AZCOPS members who are probation
officers following a shooting involving     AWARDS CEREMONY recognized leaders who helped form and build AZCOPS.
an off-duty Maricopa County probation       From the left are: John Burpo, Director, National Coalition of Public Safety Offi-
officer only weeks before (see separate     cers; Alex Droban, President, Sahuarita POA; Mike Thomas, President, Nogales
story on Page7).                            POA; Henry Rios, AZCOPS Administrative Division Director; James Baribault,
                                            AZCOPS Secretary; Tim Clark, AZCOPS Staff Representative; Bill Virtue, Apache
First and foremost, Robinson said, is       Junction POA; Rich Anemone, founding member of the Tucson POA; and Candi
compliance with your department’s           Nilles, Apache Junction POA. Receiving awards but not shown were Chuck Foy,
policies and procedures regarding           Peoria POA and AZCOPS founding President; Jeff Dartt and Earl Huff, President
deadly force. Next, familiarize yourself    and Vice President respectively, Camp Verde PSA; and Ed Skinner, founder and
with ARS 13-404 and ARS 13-405              editor of AZCOPS Speaks.
covering your reason to believe it is
                                            problems that occur from such an un-       that fingerprints and photographs
necessary to protect yourself against
                                            natural situation.                         youths as examples of community ac-
unlawful force and deadly force, re-
                                                                                       tivities that have become popular. “You
spectively. Finally, fully understand the
                                            Rich Anemone, a founding member of         will be surprised how strong commu-
elements of deadly force — intent, ca-
                                            the Tucson Police Officers Association     nity identity and support will help
pability and opportunity (are you in
                                            and AZCOPS, lead the seminar on            you,” he said.                        ■
jeopardy) — he said.
                                            How To Run a Successful Union.
Cautioning not to force a deadly force
                                            “Know your group, know how to or-
situation, Robinson listed guidelines to
                                            ganize and develop strong leaders who
remember following a “critical Inci-
                                            are motivated,” he said, adding that or-
                                            ganizing help is available from the AZ-
1. The evidence must corroborate your
                                            COPS staff and its other affiliates.
statements and visa ersa.
                                            “You need to be a player in political
2. Ask for an attorney before making
                                            action. Contracts are won in the politi-
any statements prior to questioning.
                                            cal arena, and politicians who want to
Consider taking 24 to 48 hours before
                                            be elected or re-elected will listen to
making any statement.
                                            you. Help get the right people elected,
                                            then help them stay in office, Anemone
3. All statements you make will be
used in all three investigative processes                                              KEY SPEAKERS included (L. to R.):
as well as media reporting.                                                            John R. Thompson, II, Vice President
                                            He also urged activity in the commu-
                                            nity. “Develop community programs,         District 7, Communication Workers of
4. If you are given your Fifth Amend-                                                  America; John Burpo, Director, Na-
                                            get your association recognized in the
ment rights, invoke your right to si-                                                  tional Coalition of Public Safety Offi-
                                            community,” Anemone said. He cited
lence.                                                                                 cers; and Martin Bihn, AZCOPS Gen-
                                            the Shop With A Cop program at
5. Expect to deal with the emotional                                                   eral Counsel.
                                            Christmas and the Kid Care program

Winter 2003/04                                         AZCOPS Speaks                                                   Page 5
                       AZCOPS Stands Up for You
Members Laud Union for Quick Response
Time to “Critical Incidents” in Four Areas
     everal AZCOPS members caught           tence provides the perfect incentive for   COPS attorney Martin Brannan in
S    up in four officer-involved shoot-     non-members to come on board and           Parker. Both responded to support the
ings since August put the union’s Legal     join AZCOPS,” GPOA President Kelly         officers involved, who also included
Team through its paces in responding        Angel said.                                Sgt. Jason Perkinson and Officer Steve
to these crises.                                                                       Frakes. None of the officers were in-
                                            “Please pass on our thanks to AZCOPS       jured in the firefight.
“Based on the feedback from officers        Legal for the outstanding job (it did)
and association leaders, members            during our most recent officer-involved    Even Chief Jaakola, who previously
throughout the state can feel confident     shooting” said Pima County Deputy          was confronted by the AZCOPS Legal
that quick, supportive assistance is also   Sheriff’s Assn. Chairman Mike Powell.      regarding pay and overtime issues, said
available to them should they need it,”                                                he was grateful to AZCOPS for the
AZCOPS President Jim Parks said.            The incident took place about 0130 on      handling and support for his officers.
                                            August 18, and within five minutes of
On August 2, 2003, at approximately         leaving a message with the AZCOPS          Thankfully, our members got through
2105 hours, Globe Police Officer Offi-      answering service the deputy involved      this incident unscathed. AZCOPS Gen-
cers Association member Andrew              was speaking with PCDSA’s local at-        eral Counsel Martin Bihn thanked
Chaidez and his partner, together with a    torney, Mike Storie. He arrived ahead      Chief Jaakola for his work at the scene,
Gila County deputy, were involved in        of the department’s shooting investiga-    including the backing he gave to the
an officer-related shooting during a fel-   tion team, spoke to the deputies in-       officer involved. “Chief Jaakola could
ony stop in Globe.                          volved and greatly reduced their stress.   certainly show Maricopa Probation
                                                                                       management a thing or two about sup-
AZCOPS attorney Jerry DeRose was            “Mike’s dedication was, once again, a      port and human compassion for officers
dispatched by GPOA leadership, arriv-       credit to the AZCOPS Legal Team. On        doing very dangerous jobs,” Bihn said.
ing at the scene of the shooting some       behalf of all our members please accept
10 minutes later to assist the officer.     our gratitude,” Powell wrote later.        The fourth critical incident in as many
“Mr. DeRose’s professional compe-                                                      counties occurred during the evening
                                            On Aug. 31, 2003, a Quartzite police       hours of October 22, 2003. Three
El Mirage Dispatcher                        officer who received a La Paz County       Yavapai County Sheriff’s Office depu-
                                            Sheriff’s Department alert on an armed     ties were involved in a shooting inci-
Discipline Is Reversed                      robbery in nearby Ehrenberg, spotted       dent in the Black Canyon City area.
                                            the suspect vehicle on Interstate 10. He
D iscipline against an El Mirage police     radioed for backup and was quickly         Yavapai Public Safety Association
   dispatcher for purported excessive       joined by two other Quartzite PD units.    Vice President Chip Cain was tele-
absenteeism and failure to perform her      They initiated a stop of the vehicle,      phoned by one of the deputies shortly
job adequately was reversed after the       which was carrying two men. The sus-       after the incident. With the assistance
union’s legal team contested the action.    pects ignored officer commands and         of General Counsel Bihn, attorney Tom
                                            jumped from their vehicle, with one        Baker was contacted and arrived in the
El Mirage had placed the AZCOPS             subject firing at officers. The officers   remote area about 40 minutes later,
member on probation, even though she        returned fire, killing one perpetrator.    again prior to the arrival of the DPS
had been employed by the department         The other then surrendered.                Shoot Team.
for several years. Under city personnel
rules, she could have been fired from       Officer Candi Conley, who was in-          “I spoke to all the deputies involved,
probation for any or no reason without      volved in the incident, notified Quartz-   and they all are very pleased with the
the right to appeal that action.            ite Chief Ed Jaakola, who responded to     response time of Tom Baker, his
                                            the scene. Lake Havasu POA Business        knowledge, his supportive and comfort-
During a hearing, El Mirage supervi-        Manager Gary Dull also was contacted       ing behavior, and the follow-up he has
sors conceded that absenteeism was not      (Quartzite officers are members of the     done. We thank Tom for his support,”
an issue, and that job performance          LHPOA), who in turn called AZ-             Cain said.                          ■
should be handled by more training. ■

Page 6                                                 AZCOPS Speaks                                          Winter 2003/04
                        More News Around Arizona
Maricopa Probation Threatens Discipline For PO
Who Shot Carjack, Attempted Murder Suspect
A Maricopa County probation officer
  who shot and help capture an at-
                                           Sept. 9 while he was making late night
                                           contacts with probationers on his
                                                                                        At that point, knowing his assailant was
                                                                                        preparing to shoot him, the officer un-
tempted murder suspect who was pre-        caseload in one of the worst neighbor-       zipped his fanny pack and retrieved his
paring to kill the officer has been told   hoods in the county.                         weapon just as a shot whizzed past his
he may face discipline from his depart-                                                 head. Firing four rounds, the officer
ment.                                      While filling out paperwork in his vehi-     caught the perpetrator squarely in the
                                           cle after a contact, the officer had a 357   leg, who then ran away.
“If the probation department makes any     magnum put to his head and was jerked
effort to discipline our member, AZ-       out of the vehicle by a man fleeing the      The officer jumped into his vehicle and
COPS will put out the call to all of our   scene of an attempted murder. Failing        chased the perpetrator, trying to utilize
members statewide. AZCOPS will not         to start he vehicle, the perpetrator tried   the emergency button on his radio. The
only make this a very public issue in      to force the officer into the driver’s       attempts failed due to the area’s “dead
the media, but will ask all members to     seat, but our member, at least 30 years      spot” where no radio contact exists.
express their outrage directly to Mari-    older and 50 pounds lighter than his         Within a block, he was joined by Phoe-
copa County Chief Probation Officer        assailant, resisted and fought back.         nix police vehicles and a helicopter,
Barbara Broderick, her supervisor the                                                   which, unaware of the attack on the
Presiding Judge Colin Campbell, the        Fearing he would be shot, the officer        PO, was responding to a call on the ini-
Administrative Office of the Courts        offered the perpetrator his wallet, who      tial attempted murder, flooded the area.
(AOC), the Governor and Legislature,”      took the wallet and our member’s cell        Police hounds were able to track the
warned AZCOPS General Counsel              phone, then pushed him to the ground         blood trail of the perpetrator, and he
Martin Bihn.                               and started to walk away. But 50 feet        was apprehended.
                                           away he stopped, turned around, raising
The nearly fatal incident for our mem-     his weapon and began advancing rap-          Our member called his supervisor from
ber, who is in his 60s, occurred on        idly toward the officer.                     the scene, who arrived with a depart-
                                                                                        ment deputy director. After giving his
                                                                                        statement, the officer felt ill and was
                                                                                        taken to a hospital, accompanied by his
                                                                                        supervisors. Unfortunately, neither the
                                                                                        officer nor his supervisors contacted
                                                                                        AZCOPS, which knew nothing of the
                                                                                        critical incident until after the officer
                                                                                        returned to his home.

                                                                                        Subsequently, the officer was first
                                                                                        threatened with firing, then served with
                                                                                        a notice of paid administrative suspen-
                                                                                        sion and notice of investigation for car-
                                                                                        rying his own weapon.

                                                                                        Ordered two years ago by the Arizona
DOC TACTICAL SUPPORT UNIT displays its “tools of the trade” at the AZ-                  Supreme Court to create a weapons
CPOA Christian Law Enforcement Convention held Nov. 22, 2003, in Casa                   policy, train its officers and arm them,
Grande. Shown above (L. to R.) are Tactical Support Unit members CO II Ed-              the Maricopa County Probation Depart-
ward Cooper, CO II Robert Gonzalez, CO II Fred Caruso, and CO II Anthony                ment thus far has refused to comply
Young. Conclave co-sponsors included Phoenix Suns, Pinal County Fair-                   with that order. That mandated officer
grounds and Warriors of God. The one-day event featured law enforcement                 safety program came after AZCOPS
displays, craft vendors, stage entertainment and demonstrations, and a variety          led a year-long, intensive effort to have
of ethnic and cultural foods.                                                           probation department officers armed. ■

Winter 2003/04                                         AZCOPS Speaks                                                     Page 7
 Arizona Conference of
  Police and Sheriffs,
      Local 7077
 Affiliated with Communications Workers of America/
 National Coalition of Public Safety Officers, AFL-CIO
EXECUTIVE BOARD:                                                                                            PRST STD
President: Jim Parks                                                                                        US POSTAGE
Secretary: James Baribault                                                                                     PAID
Treasurer: Floyd Wilkes                                                                                        CMS
General Counsel: Martin Bihn                                                                                   85701
Apache Junction Police Offices Association
Arizona Correctional Peace Officers Association
Arizona Probation Officers Association
Avondale Police Officers Association
Benson Police Officers Association
Bisbee Police Officers Association
Bullhead City Police Officers Association
Camp Verde Public Safety Association
Casa Grande Police Officers Association
Chandler Lieutenants and Sergeants Association
Chino Valley Police Officers Association
City of Peoria Police Supervisors Association
Cochise County Law Enforcement Association
Cochise County Probation Association
Coconino County Probation Association
Coconino County Sheriffs Association
Cottonwood Public Safety Association
El Mirage Police Employees Association                    Prescott Valley Police Officers Association
Gila County Deputy Sheriffs Association                   Sahuarita Police Officers Association
Globe Police Officers Association                         San Luis Police Officers Association
Graham County Deputy Sheriffs Association                 Santa Cruz County Deputies Association
Greenlee County Law Enforcement Association               Sedona Law Enforcement Association
Holbrook Police Officers Association                      Show Low Police Officers Association
La Paz County Deputies Association                        Sierra Vista Police Officers Association
Lake Havasu Police Officers Association                   Somerton Police Officers Association
Marana Police Officers Association                        South Tucson Police Officers Association
Maricopa County Deputies Association                      Tucson Police Commanders Association
Maricopa Juvenile Corrections Association                 Tucson Police Officers Association
Mohave County Probation Officers Association              Winslow Police Officers Association
Navajo County Deputies Association                        Yavapai County Probation Association
Nogales Police Officers Association                       Yavapai Public Safety Association
Oro Valley Police Officers Association                    Yuma County Deputy Sheriffs Association
Page Police Officers Association                          Yuma County Probation Association
Pascua Yaqui Police Association                           Yuma Police Officers Association
Payson Police Officers Association                          *      *       *       *      *       *     *      *    *
Peoria Police Officers Association
Pima County Association of Corrections Professionals                            TUCSON OFFICE
Pima County Attorney Criminal Investigators Association                          606 South Plumer
Pima County Deputy Sheriffs Association                                          Tucson, AZ 85719
Pima County Probation Officers Association                                   Telephone: 520-622-2215
Pima Juvenile Corrections Association                                            Fax: 520-622-2216
Pinal County Deputies Association                                    Director of Organizing: Staff Rep. Tim Clark
Pinal County Probation Officers Association                          Administrative Division Director: Henry Rios
Pinetop-Lakeside Police Officers Association                              Internet Web Site:
Police Officers of Scottsdale Association                                 AZCOPS Speaks Editor: Ed Skinner
Prescott Police Department Association

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