New England PBA Informational Paper

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New England PBA recently released their informational paper on why Trial Court members should DUMP NAGE and HIRE NEPBA! Featured articles include letters of endorsement, NAGE RAGE articles, and benefits outlining our dental, vision, estate planning and more. There is a reason no local has ever left us! VOTE NEW ENGLAND PBA!

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New England PBA Informational Paper

  1. 1. NEW ENGLAND PBANew eNglaNd PBa July/August 2011 1 A PROFESSIONAL LAW ENFORCEMENT UNION Election Edition MASSACHUSETTS TRIAL COURT MEMBERS July/Aug 2011 Who Should You Vote For And Why? A PersonAl PersPective From AcPo lArry DulleAT his is NOT an easy decision the will of the membership and Local have been in the best interests of the of the membership signed cards for despite the fact that both Boards by deciding on his own that membership. NAGE, as a whole, also decertification yet despite that fact Unions want you to think it somehow furloughs would be a viable does good work in many other areas they continue to treat these membersis. For those of you that may not option to present too; member advocacy as outcasts who should not be listenedknow, I have been involved with to CJAM on behalf for grievances, their to, are bullied by some NAGE peopleNAGE since it replaced SEIU Local of the membership Lobbyist team efforts, or lied about. Why is that? Where are254 as Chairman for the Probation rather than the initial legal documents/ the faxes from NAGE that admit priorNegotiation Team (2003-2006) and recommendations for casework and charities mistakes, some poor decisions or theirthen as Local 118 President (ACPO/ cost saving measures nationally. Please minimization of CJAM’s continuedPOIC) twice after local unions that included language ignore anyone who disregard for members’ rights andwere created (2007-2008/2009- about layoffs, court says there is nothing fair and equitable compensation for2011). I also resigned twice from consolidations, good about either five years? All of this occurred withthese elected positions as President m a n a g e m e n t union here…NAGE a reduced workforce and increasedof Local 118 over some ongoing hiring freezes or NEPBA. Those responsibilities and liabilities for theethical differences, union practices, and management are simply ignorant members. Where is the fax fromperceptions and distortions directly staffing cuts. people trying to get NAGE that talks about what they willwith NAGE President David There are people at NAGE that I you to vote on emotions or distortions. do to try and reunite all members, Cyan Magenta Yellow BlackHolway over the past eight years. like, respect and am grateful I got to listen to differing views, rather In my opinion, there is much moreThese differences reached another to work with. These NAGE people than just bad mouthing NEPBA or that should have been done on ourdisappointing crossroad recently remained professional, committed behalf by NAGE for the past 5 yearswhen Holway chose to circumvent and ethically driven towards goals that SEE Larry Dullea / PAGE 7 that was not. NAGE knows that half Where is your NAGE WAS SILENT DURING TRIAL COURT RELOCATION 10% O "Guaranteed" Who Will Speak For You When CJAM Closes The 11 Courthouses? Pay Raise n Wednesday, August 4, 2010, Much of the testimony centered problem, with hopes of the economyA the Trial Court Relocation on the Massachusetts Constitution recovering. Court personnel made s members of the Committee held its first Article #11, which guaranteed impassioned points on how closing Massachusetts Trial Court public meeting to solicit comment “Public access to justice” mandate, court houses would affect an already 1 you will FINALLY have on the committee’s proposed and how relocating court houses burdened staff that are operatingthe right to choose the union that recommendations for Berkshire, would restrict access to people on with 800 fewer employees sincewill best represent you and your Franklin, Hampden, Hampshire and the lower end of the socio-economic the 2008 “absolute” hiring freeze.fellow members. Your decision Worcester counties. Testimony on scale who would undoubtedly Chief Probation Officer Steven P.will ultimately affect how you will the impact that these closings and have transportation issues. Santora, of the Westborough Districtprovide for your family and the type relocations will have was received Elected officials spoke of the Court spoke about the impact relocatingof work environment in which you from sitting and retired judges, clerk economic hardships that businesses his courthouse would have on hiswill be exposed to on a daily basis. magistrates, chief probation officers, located around these court houses staff’s ability to supervise probation.As members of NAGE, you NEVER lawyers, Selectmen, State Senators, would suffer, as well as the impact No NAGE lobbyists spoke State Representatives, Chiefs of Police of making “long term” decisions or even attended this event. So, SEE NAGE PROPAGANDA / PAGE 23 and Congressman Jim McGovern. for what may be a “temporary” who will really speak for you? Vote New England PBA "A Professional Law Enforcement Union" Better Benefits. Better Results. Read David Bernards E-Mail Directing Your Executive Board to Better Choice. Sign His Propaganda Letter SEE PAGE 12-16 FOR DENTAL + VISION PLANS SEE PAGE 2, 6 & 10 FOR MORE NAGE RAGE
  2. 2. 2 July/August 2011 EDITORIAL New eNglaNd PBa How Does David Holway REALLY Feel About His Members? Read Howie Carrs Infamous Article As Featured in 2002 Hacks Aspirations May Go Bust Over His Big, Bad Mouth By: Howie Carr, Columnist 4, 1994, Holway ingested a bad ice cuffs and transported to the sta- cube, and as a local cop led him tion. Enroute . . . he was very away, allegedly drunk as a skunk, abusive calling me names and Holway uttered these words: telling me I would regret this." "I protect the interests of The report goes on, full (bleepity-bleeps) like you!" of threats and screaming. The expletive Holway used is a Holway was finally taken to seven-letter word that begins with Plainville for a Breathalyzer, A, and the word is not AFSCMEs, then got there and refused toF as in American Federation of State blow into the machine properly. County and Municipal Employees. Another officer filed a report on or all of you who yearn for As he issued his version of do- the drunken lobbyist. He also in- NAGE President David Holway a career in the so-called you-know-I-am?, he was wearing cluded some of his choicer quotes: labor movement, ponder ger available to testify at trial." not one, but two baseball caps, "Im not signing nothin. . . And now hes running for presi-the lesson of one David Holway. both of them sideways, one to the You dont understand, Im on The lesson is this: if you want dent of the union. In two months the right and the other to the left. your side, Im a good guy . . ." delegates will assemble to vote inthe members to elect you to a big Repeated calls to Holway seek- Holway blew a .19, almostjob, dont ever get loaded and tell a the very appropriate venue of Las ing comment were not returned. double the old .10 limit, but it Vegas. The winner gets the biggestcouple of them: "I protect the inter- Our story begins on July 4, 1994, was a "deficient sample" so hisest of (bleepity-bleeps) like you." pinky ring in the world, and the los- when the Wrentham police got drivers license was confiscat- er gets shot in the head and buried Holway, for those of you who a call at 6:41 p.m. about "an in- ed and cut in half. The Wren-dont frequent the State House, in a shallow grave in the desert. toxicated party" starting a fight at tham PD has a sheet entitled In- Too bad Dave Holway neveris a career hack, age 54, a failed Mikes Truck Stop. On the way to toxicated Person Observations.pol, a lobbyist and onetime coat- called me back, because I had the truck stop, the officer observed His attitude was Cocky, In- four pieces of advice for him.holder for a convicted felon. He a blue Jeep station wagon weav- sulting and Combative. (Amonghangs out at a joint called Guidos No. 1, hire a driver. No. 2, lose ing all over Route 1. When the choices not checked were the second baseball cap. No.Florida Cafe. Hes a big guy, with cop got to the truck stop, some of Polite and Cooperative.)red hair and a matching red nose. 3, the letter in the alphabet af- the patrons told him the drunk had Ten months later, the case was ter t is u. And No. 4, never, ever This was the year Holway just driven off in the blue Jeep. broomed by the very ethical DA,thought he would finally get call any of your own unions Holway was pulled over and was now Congressman, Bill Delahunt. members AFSCMEs again.his own pinky ring. His scheme given the alphabet test. He got as far The actual broom-memo, as it were,was - is - to become the capo di Howie Carrs radio show as "t" before his memory failed him. was written by an assistant district can be heard every weekdaytutti capi of the National Asso- The lobbyist was placed un- attorney who later became a flackciation of Government Employ- afternoon on WRKO AM 680! , der arrest - an indignity union for Jane Swift, so you know every- WHYN AM 560, WGAN AM 560,ees (NAGE), a Quincy-based presidents usually endure af- thing had to be on the up-and-up.union with thousands of police WEIM AM 1280, WXTK 95.1 ter, not before, they are elected. The reason for brooming FM or online at ho wiecarr.org.members across the country. From the police report! : "He the OUI: "The arresting offi- But now it all goes astray, because stated, You (bleeping) guys are cer has left the Wrentham Po- Copyright 2002, 2010 Boston Heraldeight years ago tomorrow, on July tough. He was placed into hand- lice Department and is no lon- Record:1306F020B3E47838
  3. 3. New eNglaNd PBa ENDORSEMENT July/August 2011 3 AN OPEN LETTER FROM I.U.P.A. PRESIDENT SAM A. CABRAL
  4. 4. 4 July/August 2011 EDITORIAL New eNglaNd PBa THE REAL TRUTH ABOUT NAGES LETTERS OF SUPPORT These Three Unions Are Not Members of NAGEIf NAGE is such a great union, why arent these unions part of NAGE? Where Are All The NAGE Letters of Support From The People They Represent of Their Own Locals Within Massachusetts? Truth Be Told . . . NAGE has lost over 6,000 law enforcement members and more locals than any other labor union in the country.
  5. 5. New eNglaNd PBa ENDORSEMENT July/August 2011 5 AN OPEN LETTER FROM THE WORCESTER POLICE OFFICERS UNION
  6. 6. 6 July/August 2011 NAGE RAGE New eNglaNd PBaSHAME...SHAME...SHAME ON DAVID BERNARDPlease read the email from NAGE State Director David Bernard in whichhe is directing Local President Dave Abbott to forward a letter to yourExecutive Board and to have them sign this fabricated letter as their own.As indicated in this e-mail, Bernards scheme is to send out their usualhate mail on the Tuesday/Wednesday before you receive your ballots.Is this the type of union representation your really deserve or want? - - - - FORWARDED MESSAGE - - - - FROM: "David Bernad" <dbernard@nage.org> TO: "David Abbott" <dla2217@comcast.net> CC: <szaiser@nage.com>, <jredmond@nage.org> Subject: Date: Fri, Jul 15, 2011 7:30 am Dave..This is Steves letter, which we feel will be perfect to come from your EBoard. Please forward it to your Board members and confirm using their names and signatures on the letter. We would like to maul this to your members the next Tuesday/ Wednesday. ThanksWe would hope your Executive Board would be truthful with their members! Ask Dave Abbott if he agreed to this or simply call NAGE State Director, David Bernard: (617) 376-7250
  7. 7. New eNglaNd PBa EDITORIAL July/August 2011 7 A PersonAl PersPective From AcPo lArry DulleA Who Should You Vote For And Why?FROM PAGE 1 / Larry Dullea undermines this election process to believe anymore. Again, the issue one that understands law enforcementanyone who supports them? Where and only further feeds into some here is trust: who do you believe? and the complexities involved andis the simple validation comment member’s perceptions that there may NEPBA vs NAGE! The time to the collaborations needed betweenfrom NAGE that says “we understand have been collusion or other factors vote is almost upon us and decisions these groups. NEPBA understands itsome of you are angry, disappointed that continue to taint this process as need to be made. Let me ask you a because their law enforcement localswith the Contract and upset how well as the previous ones including few simple questions: "are you happy have been there... or been in a lockupyou have been treated by CJAM.” hearings and rulings for the Regressive with the Contract that was recently on a Monday morning, or out withOr maybe they could finally admit Bargaining cases against CJAM. agreed upon by NAGE and CJAM?" probation at night or watched whatpublically to members that NAGE Recent news from the Trial (forgetting for the moment how the happens at the front door of courtsis disgusted with some of CJAM’s Court spoke of court consolidations, funding method will actually occur every day. I also want a Union thattactics during negotiations or the personnel reassignments and and the time line for it). “Do you is actually willing to talk about 150Elack of compromise through that relocation, and requests for a want the same people that negotiated and whether POs and COs shouldentire process for years. How can Legislative change to allow some the last Two Contracts for you to separate...not like NAGE that says itDavid Holway testify at the State additional modifications to existing begin negotiating your next contract makes us weaker... I want the voicesHouse before a Joint Committee on policies and contract language. It in January 2012?” Let us not also of ALL members to be heard and notthe need to replace CJAM Mulligan sure sounds like a lot has been going forget the great game of semantics muzzled at the first sign of discontent“immediately” with a new Chief on that we, the members, have not be that has been played about the raises; or disagreement. NAGE saysAdministrator and then passively give made aware of in advance by NAGE, "10% in the next 13 months" versus "Members First" remember? Yes, asin to CJAM negotiation demands; the Trial Court or both. The problem 10% over 6 years including 3 zero long as they remain silent or just agree.including the financial blackmail remains "what has been agreed to years. NAGE’s changing the name I have actually heard some peoplenow known as the possible “work behind closed doors." It became of things doesn’t alter the reality of say “the Devil you know is betterfurlough days for your raise?” abundantly clear to me during the the facts and you know that from than the one you don’t know.” Well, Why has NAGE not demanded to these people I say “I don’t recall "I am supporting New England PBA because inviting the Devil to come in thethat the DLR clarify all this nonsenseabout the ratified Contract being valid it is time for a change and NAGE wasn’t good first place which is another reasonor not, regardless of the decertification enough. They failed us by not getting us what we why they need to go.” Why shouldvote? We know why, because it is just deserved and by not finding alternative solutions." I listen to them now telling me thereanother excuse to continue to mislead is another Devil coming?”No matter - Larry Dullea what happens we will NEVER gomembers into believing whateverNAGE tells you to be true. I guess 5 years without a contract again orit is like their promise of guaranteed end of phantom negotiations with all the financial burdens that have settle for 3 Zero years. And finally,funding for the Supplemental NAGE and CJAM that the majority increased during the past 5 years as what if New England PBA wins andBudget with no other evidence of decisions were being made on you waited for something other than you are not happy with them. Well, inbut NAGE’s “word” it is coming. the phone or behind closed doors 1% for a year with a “guaranteed 6 months (up to July 2012) the same and excluded the normal process maybe” 9% later you may pay for. decertification option exists for any As for DLR, their position and for your elected negotiation teams. other Union or group to step forwardcomments are not only publically I am supporting New England Some of those decisions were made PBA because it is time for a change again to poll the membership. I thinkembarrassing but an admission of directly by Holway to determine it is time to let New England PBAincompetence. To be told by DLR and NAGE wasn’t good enough. what would be proposed including They failed us by not getting us prove what they have promised; to(according to NAGE) that “DLR is language for furloughs, the loss let them start negotiating our nextso uncertain about transferability, what we deserved and by not finding of grievance rights and a way to alternative solutions. In the case contract in January 2012 and to buildthey won’t even answer questions get this contract voted on quickly. a more united membership ratherabout it at this point.” Wow! I was of the Trial Court and CJAM, the NAGE continues to encourage learning curve by NAGE to adjust than us being trapped for another yearunder the impression that’s what the with NAGE and CJAM Mulligan.Division of Labor Relations is legally misinformation being given at the to the chronic unfair negotiation local courts without correction. For process went on for years with an If you believe things cannot get anyobligated to do and they should have better or that you do not deserve moregotten this answer prior to the election example, one NAGE Rep during June eventual concession of too many and in July was telling members that member rights, earned compensation then you have received then do notand inform the electorate of the vote for change. I believe otherwise;ramifications of their vote regardless they may get vacation time if there and suppression of contract language are furlough days. Well, having been changes. I continue to believe that the time for change is upon us now.of who wins. DLR approved this Listen and learn the truth before youelection remember? To say now part of the negotiations, I am unaware the lack of NAGE efforts to better of that proposal ever being presented. understand what our members do vote. I am sure NAGE will continuethat they do not want any questions bad mouthing me as their desperationfrom members of two Unions is Or when members have called NAGE day in and day out has never truly and been told that Supplemental been fully grasped and ,as a result, increases each day as we get closer toa disservice to everyone and they election results and finally get rid ofshould have been prepared to answer Funding is “90% assured and advocacy became generic in many guaranteed.” So, members continue ways; same tactics for any NAGE them and rescue our contractual futurethis question long ago given the and reinstate a union democracy forfacts, hearings and their own rulings to complain about the misinformation members just different players. I being disseminated by NAGE in the want to try a Union that is more all members. The Truth of the Factsthat led to this election. Telling DO outweigh the Lies of the Fax.members you don’t know the answer hope that the truth might actually get likely to understand what Probationto such a simple question completely told. In the end, it is hard to know what Officers do, what Court Officers do; VOTE NEW ENGLAND PBA!
  8. 8. 8 July/August 2011 PROFESSIONAL NEGOTIATIONS New eNglaNd PBa New England PBA Doesnt Just Go Along To Get Along . . .CHELMSFORD: New England PBA protests Governor during re-election bid CHELMSFORD: New EnglandCHELMSFORD: NEPBA Executive NEWBURYPORT: New England PBA Local President Todd AhernDirector Jerry Flynn confronts PBA Executive Director Jerry Flynn and members address GovernorGovernor Patrick, handing him debates Governor in open town Patrick on issues concerninga Dump Deval bumper sticker meeting debating police details police details and Quinn Bill.LOWELL: New England PBA and Lowell Police protests Governor during re-election bid LOWELL: NEPBA LOWELL: New England PBA Executive Director Jerry Officials speaking privately Flynn, Executive Secretary with Governor Deval Patrick Bryan W. McMahon, and on union issues; Governor NEPBA Local President, Patrick invites New England Barry Golner of Lowell PBA to the State House Police meet privately at Owl to address concerns. Diner with Governor Patrick to discuss differences.
  9. 9. New eNglaNd PBa PROFESSIONAL NEGOTIATIONS July/August 2011 9 . . . New England PBA Gets RESULTS! OUR IDEA OF PROFESSIONAL NEGOTIATIONS BOSTON: NEPBA Executive Director Jerry Flynn, NEPBA Regional Vice President Tom Daly and NEPBA Local 911 President, Stephen Gunnerson of Worcester Police meet with Governor Deval Patrick and Lt. Gov. Tim Murray ISSUES DISCUSSED - NEPBA Legislation for inclusion on JLMC - Funding for Mass. DOC Captains contract - NEPBA sponsored language for Quinn Bill - NEPBA sponsored language for police details NEW ENGLAND PBA GETS RESULTS - Governor Signs Budget and adds New England PBA to JLMC List - Contract & Funding Approved for Mass. DOC - Captains - Contract & Funding Approved for Middlesex Sheriffs Dept. - Contract & Funding Approved for Worcester County Sheriffs Dept. NEPBA Executive Director Jerry Flynn stated, “We have worked extremely hard to get our message of inclusion and to develop a working relationship with Gov- ernor Patrick and his administration, however we also have serious differences of opinion with respect to police details and his position of utilizing civilian flaggers.” Flynn added, “NEPBA is committed to continuing the positive dialogue we have de- veloped with this administration and we are hopeful that our ideas and the concerns of our membership will become of paramount concern to the Patrick Administration.”Is this YOUR idea of professional negotiations? NAGE decided to picket Where is your 10% Judge Mulligans house in a chicken suit during the summer of 2010 when negotiating your contract. "Guaranteed" Pay Raise?Do you think that had an adverse effect on your current contract?
  10. 10. 10 July/August 2011 NAGE RAGE New eNglaNd PBa Court Officer Impersonated Over Phone, Captured On Voice-Mail Identity Theft of Court Officer Brian Shea of the Taunton District New England PBA Files Formal Complaint With Trial CourtRecently, members of the enforcement community have been receiving phonecalls from an impersonator pretending to be Court Officer Brian Shea of theTaunton District Court. In the message, the fraudulent party claims that heis looking for answers regarding the creation of a bogus new union. NewEngland PBA has determined that Brian Sheas identity was stolen and fileda formal complaint with Thomas Connolly of the Massachusetts Trial Court. Please Help Us Identify This Criminal Listen to the Voice-Mail On Our Website: NEPBA.org/voicemail
  11. 11. New eNglaNd PBa ENDORSEMENT July/August 2011 11 FROM: THE NH PROBATION / PAROLE UNION, N.E.P.B.A. LOCAL 270
  12. 12. 12 July/August 2011 ALTUS DENTAL BENEFITS New eNglaNd PBa New England PBA: Altus Dental Plan Two oral exams per calendar year Two cleanings per calendar year Flouride treatment for children under age 19 twice per calendar year every six months One complete x-ray series or panoramic film every 36 months Sealants for children under age 16, once per unrestored permanent molar every 36 months Surgical placement of endosteal implant and abutment; replacement limited to once every 60 months Dependent Coverage - Dependent children are covered up until the end of the month that they turn age 26. Benefits Highlighted In Yellow Indicate Better Services As Compared To NAGE
  13. 13. New eNglaNd PBa ALTUS DENTAL BENEFITS July/August 2011 13 Better Than The Current NAGE Plan T he A l t us A dv a nt ag e New England PBA - Trial Court of Massachusetts There is a reason why Altus Dental has been the fastest growing dental plan in Massachusetts for the last ten years. Much of our success comes from a commitment to providing client accounts and our membership with advantages of product and service. Listed below are just some of the unique features that set our programs apart from NAGE, their brokerage agencies of record and other competitors: BENEFIT RELATED Coverage for two oral exams per calendar year - As opposed to the NAGE practice of only once every 6 months Coverage for two cleanings per calendar year - As opposed to the NAGE practice of only once every 6 months Coverage for dependent children to age 26 - As opposed to NAGEs program coverage of dependents to age 19 and full time students only to age 25 Coverage for Single Tooth Implants, not limited to in lieu of three unit bridge Coverage for Sealants to children under age 16 once every 36 months - As opposed to NAGEs limit of under age 14 once every 48 months FEATURE RELATED Altus Dentals deeper provider network discounts deliver reduced member out of pocket expenses and more available annual benefit dollars Altus Dentals ongoing and successful network recruitment results are unsurpassed in the marketplace Recent Custom Survey Results Show That: * 99% of our customers are satisfied or very satisfied with the quality of dental treatment they received * 90% of our customers are satisfied or very satisfied with the availability of dentists in their area * 94% of our customers are satisfied with Altus Dental * 85% of our customers are satisfied or very satisfied with the courteousness of our customer service We Continuously Exceed Industry Standards. Our 2010 Highlight Include: * Claim Turnaround: 98% of claims were processed within 10 days * Financial Accuracy: 99.7% of claim payments were financially accurate * Problem Resolution: 98% of inquiries were resolved on first contact The NAGE/Delta Plan Is Guaranteed to Increase By 5% Over The Next 3 Years!
  14. 14. 14 July/August 2011 ALTUS DENTAL BENEFITS New eNglaNd PBa New England PBA: Altus Dental Plan
  15. 15. New eNglaNd PBa ALTUS DENTAL BENEFITS July/August 2011 15 New England PBA: Altus Dental Plan Optional Premium Plan Available - NAGE Cant Compare To Any Of Our Offerings
  16. 16. 16 July/August 2011 EYEMED VISION BENEFITS New eNglaNd PBa New England PBA: EyeMed Vision Care Plan
  17. 17. New eNglaNd PBa ADDITIONAL NEPBA BENEFITS July/August 2011 17 As Seen On Trial Court Blast Fax Vote New England PBA "A Professional Law Enforcement Union" NAGE Cant Compete With New England PBA Better Benefits. Better Reults. Better Choice. NAGE is again lying to you! Their latest spin states we have poor benefits and that New England PBA cannot offer you more. Let us set the record straight: New England PBA Has The Best Benefits to Offer. NAGE doesnt have anything close to what we offer! From dental and vision, to cell phone and vacation offerings, even mortgage and estate planning, we have a ro- bust network of benefits. We work with key AFL-CIO partners which have relationships at leading companies who pride themselves on customer satisfaction, network strength and overall performance – all at industry allowed lowest rates which we pass on to you. Compare the IUPA / AFL-CIO benefits page against NAGE and see how much more we offer you! New England PBA Brand Partnerships: Dont Believe The Lies From NAGE. New England PBA is Always The Better Choice. For More Information, Please Visit:NEPBA.org/benefits IUPA.org/memberbenefits AFLCIO.org/aboutus/benefits
  18. 18. those of the New England Police Benevolent Association, Inc., I.U.P.A., AFL-CIO or any other law enforcement organization. 2. Beyond The Badge is not responsible for the opinions The SIMUCAD Building Chelmsford, MA 01863 Volume 1, Issue 1 Inside this Edition A MONTHLY PUBLICATION WITH INTERESTS, OPINIONS AND COMMENTARY ABOUT LAW ENFORCEMENT A Division of Thin Blue Line Publications, LLC November 2010 expressed in submitted letters or columns, which by definition HOTLINE: (978) 674-8148 Editorial/ Political Cartoon.........................................................................................2 Office: (978) 453-2500 are opinion pieces. Editorial Policy.........................................................................................2 New eNglaNd PBa Fax: (978) 453-2555 18 July/August 2011 3. Beyond The Badge assumes no responsibility for unso- licited material. EXTENDED LEGAL BENEFITS e-mail: info@beyondthebadge.net New Hampshire Legislative Update......................................................................5 4. Letter to the Editor, Op/Ed Columns and Columnists can EDITORIAL BOARD News in Brief....................................................................................................................7 be submitted to Beyond the Badge, but any submissions are Law Firm of Nolan Perroni Harrington, LLP of Lowell, MA the opinions of the writer. Gerald J. Flynn, Jr., President & Publisher Union News......................................................................................................................8 5. Letters or articles submitted shall be accompanied by Leslie A. Stirk, Managing/Copy Editor Bryan W. McMahon, Associate Editor View from the Street................................................................................................9 writer’s name, but may be reprinted without name or address at writer’s request. William Ryan, Associate Editor Legal/Legislative Update, MA...............................................................................11, 15 6. Freedom of expression is recognized within the bounds Stephen J. Arnold, Sr., VP of Circulation Food & Wine............................................................................................................12 Richard Brabazon, VP of Advertising of good taste and the limits of available space, but the Editorial Board reserves the right to edit any submissions and to include Matthew P. St. Hilaire, VP of Sales Confidential Informant............................................................................................13 Editor’s notes to any submitted materials. In The Line of Duty.................................................................................................16 Media Consultant 7. The deadline for printed materials is the 20th of the Tom Duggan, Jr. Crossword Puzzle..................................................................................................16 month preceding the next issue. 8. All advertising material developed and published by this Finances - Retirement...........................................................................................17 General Counsel newspaper is protected by the copyright laws of the United Michael F. Hanley, Esq., In the Workplace....................................................................................................17 States and cannot be duplicated without the express written consent of the publisher. & Brian P. Fitzsimmons, Esq. Corrections..............................................................................................................18 9. All copyrighted material shall require the express written In Memorium............................................................................................................19 consent of the owner prior to publication. seaport_ad.pdf 2/18/11 6:36:34 AM Beyond The Badge is printed by Graphic Fundraisers/Benefits...............................................................................................20 Development in West Hanover, MA. In the Community/On the Streets....................................................................22 Specialty Seafood & Grocery C M Y CM MY 13 Sagamore Road CY Rye, NH 03870 CMY At Seaport Fish we take pride in providing 603.436.7286 K the seacoast with the highest quality fresh Fiddlehead Farms Marketplace 920 Central Avenue and frozen seafood from around the world. Dover, NH 03820 603.742.0393 We’re your one stop shop for seafood, Fiddlehead Farms Marketplace 77 Main Street produce & specialty grocery needs. 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  19. 19. We are pleased to welcome MASSSACHUSETTS LEGAL UPDATE members of theMarch - 2011 We are pleased to welcome New England Police Benevolent Association Beyond The Badge 11 New FROM THE DESK OF: GARY NOLAN, ESQ. LAW FIRM OF NOLAN, PERONI & HARRINGTON, LLP 19 eNglaNd PBa July/August 2011 and their families to Altus Dental. members of the EXTENDED LEGAL BENEFITS We look forward to helping you New England Police and your family members enjoy good dental health. Benevolent Association Cover Your Assets: New MA Homestead Law Takes Effect and their families to Altus Dental. Law Firm of Hanley & Fitzsimmons, LLC of Quincy, MA We look forward to helping you www.altusdental.com and your family members enjoy L good dental health. aw enforcement officers are what exactly is a homestead? This short declaration is needed for this protection; registry of deeds, or a visit to its website, generally the most visible public discussion should answer that question, and * Homeowners receive a $500,000 should quickly answer any filing questions, servants. Unlike teachers and www.altusdental.com will update you on the recent developments homestead protection by recording a as well as provide you with the forms tofire departments, you regularly come in the law. homestead declaration; all owners must print. The form is simple and takes only New England PBA Union members and their families are afforded significantinto contact with some dangerous andunpredictable people, as well as with The technical term is actually Declaration of Estate of Homestead, and it is a legal sign to gain the protection; * All owners must occupy or intend to minutes to fill-out. One other big change is that the law discounts on all legal fees whether hourly, contingent or flat fees.good citizens who are in trouble. Societyhas appointed you to keep the community document filed at the registry of deeds. This document gives public notice that the occupy the home as principal residence; * Owners who are elderly or disabled now allows homeowners to sell their primary residence, yet maintain the samesafe – which means giving tickets, making homeowner is asserting his or her rights to should each file a homestead under section Homestead protection on the proceeds ofarrests, and testifying against defendants. protect the equity in their principal residence 1A of the new law to gain maximum the sale. The protection on those funds is Hanley & Fitzsimmons, LLC is a leader in the field of union side labor representation. Hanley & Fitzsimmons canThe proper result of you doing your job from subsequent creditors (emphasis protection (beyond $500,000); available for one year from the time of theis that people are often forced to pay fines handle any employment related matters, personal injury claims, contract issues and criminal defense matters atand lose their freedom. You deal with on the word subsequent). Upon filing a Declaration of Homestead, a homeowner’s * Under new law, both spouses can record a homestead; sale or when a new primary residence is purchased, whichever happens first. This a discount for any union member. We have relationships with attorneys who can handle divorce and family lawdomestic violence issues and substanceabuse issues. Unlike any other occupation, primary residence is protected against later * Property held in trust can be protection is particularly valuable for filed real estate attachments, lawsuits, or homesteaded; someone defending a lawsuit, as it allows matters; estate planning; and employment related injury claims.law enforcement officers are authorized to bankruptcies up to five hundred thousand * Every homeowner who has refinanced that person, assuming they properly fileduse physical force against uncooperative dollars ($500,000). As such, when a police his/her mortgage in the last several years the homestead declaration, to sell theirand often violent citizens. As a result, those officer is sued personally, a homestead may should record a new homestead declaration home without fear of losing the equity The mission of Hanley & Fitzsimmons is to provide its clients with the professionalism and attention necessarywho come in contact with the police areoften not pleased, and many times use the be particularly desirable. Homesteads are not, however, a solution since many refinancing mortgages contained a waiver of homestead rights; proceeds through the lawsuit. The Homestead Act is a simple tool that to achieve the best results possible. The firm understands that each client has their own unique needs and islegal system as a form of retaliation. for every problem. There are some debt * If a married couple has divorced no homeowner should ignore, particularly It is a fact we all know to be true – many obligations that are not covered, such as or separated, each should re-examine prepared to meet those needs to satisfy each individual client.individuals that are faced with police action, debts relating to the purchase of the home whether a new homestead declaration is those who are likely to be sued just because of the nature of their jobs. You certainlyare the subjects of force or are convicted (i.e. your mortgage) tax obligations, and needed; and are not the first officer to have some angryof crimes, file baseless lawsuits against child/spousal support obligations. * As under prior law, homestead suspect scream at you that he’s going to sue The attorneys at Hanley & Fitzsimmons provide their clients with the information necessary to make informedofficers, both police and corrections, and The Homestead Act has been around declarations are subject to mortgages you, and threaten that he is “going to ownthese folks don’t just sue your employer for a while, but was recently updated. On executed by all owners. your house.” And while most such threats and intelligent decisions as to the appropriate course of action in their legal matters. We understand that visitingeither – they seem to make a special point March 16, 2011, the new Massachusetts Major Changes in the Law are frivolous, we all know the system canof suing you personally. Whether your an attorney can be stressful and as such we endeavor to make clients feel at ease by answering their questionsemployer will indemnify you in these cases Homestead Law went into effect. This new law updated and revised the Homestead Under the previous law, homeowners had to physically file a Declaration of be uncertain. So, protect yourselves and your families. and providing them with a plan of action.is a story for another day – but for now,let’s just say don’t count on it. Act (M.G.L. c. 188, sect. 1-10). According Homestead at the registry of deeds to Please forgive this legal disclaimer – to the Commonwealth’s Secretary of obtain coverage. Now, there is automatic this article is not meant to be legal advice, Given the nature of your occupation, State, the following legal highlights are coverage in the amount of $125,000 without and you should always consult a lawyerit is very important for you to protect the important: any filing. It is important to note that some Hanley & Fitzsimmons has the experience and ability necessary to assist you with any legal issue which mayassets that you and your family worked * The Homestead Act allows homeowners action on your part is still required in order with your particular situation. As always, my partner Jim Harrington, our real estateso hard to accumulate. Your home, of in Massachusetts to protect their principal to obtain the maximum equity protection specialist, is available to discuss real estate arise, no matter how small or large.course, is number one on that list. In residence from unsecured creditors, up to a of $500,000. So, if you want the maximum legal issues affecting NEPBA members.Massachusetts, one simple thing you can certain amount; protection, the homeowner must still file These matters are often addressed in thedo is to take advantage of the Homestead * Existing homesteads recorded prior to the Declaration at the registry. Given course of estate planning, a service that Jim PHONE: 617-770-2929 bfitzsimmons@hhflawyers.com OR mhanley@hhflawyers.comAct. Most homeowners have heard theterm “homestead” thrown around, but you, March 16, 2011 remain valid; * There is an automatic $125,000 housing values today, it certainly is worth the small effort, and small filing fee, it takes has provided to countless officers. Feel free to contact him directly (jim@nphlegal) iflike many others, might be asking yourself homestead; no recordation of a homestead to file the declaration. A call to your local he can help. The Law Offices of Hanley & Fitzsimmons, LLC 40 WILLARD STREET, SUITE G101 - QUINCY, MA 02169 * 617-770-2929 bfitzsimmons@hhflawyers.com - mhanley@hhflawyers.com Hanley & Fitzsimmons has the experience and ability necessary to assist you with any legal issue which may arise, no matter how small or large. Hanley & Fitzsimmons, LLC is a leader in the field of union side labor representation. Hanley & Fitzsimmons can handle any employment related matters, personal injury claims, contract issues and criminal defense matters at a discount for any union member. The mission of Hanley & Fitzsimmons is to provide its clients with the professionalism and attention necessary to achieve the best results possible. The firm understands that each client has their own unique needs and is prepared to meet those needs to satisfy each individual client. The attorneys at Hanley & Fitzsimmons provide their clients with the information necessary to make informed and intelligent decisions as to the appropriate course of action in their legal matters. We understand that visiting an attorney can be stressful and as such we endeavor to make clients feel at ease by answering their questions and providing them with a plan of action. www.hhflawyers.com
  20. 20. 20 July/August 2011 NEW ENGLAND PBA TESTIMONIALS New eNglaNd PBa Malden Police Superior Officers Union, N.E.P.B.A Local 78I would like to inform you with the I.B.P.O. negotiating some highlights of our contract: * A separate budgetary line item,what the New England PBA/ techniques. We began to search for * The city agreed to a re- in the budget, called "DetailAFL-CIO did for the Malden a new Union to represent us. After promotion to all ranks of ALL Fund” of $100,000.00 dollars.Police Superior Officers Union. a lengthy search, the Union decided the officers previously reduced in This amount of money will beWe were in an 18 month to go with New England PBA/ rank. used to timely pay all officers.contract battle with our Mayor and AFL-CIO. After the decision to go * 7 % Base Wage increase over 3at this time we were represented with New England PBA as our new years. Thank you,by the I.B.P.O. / NAGE-SEIU. Union representative, 3.5 months * To reinstate (in full, withOur talks broke down when we later we signed a 3 year contractual retro) our educational incentive Lieutenant George F. Grimesrefused to accept the Mayors agreement with the City of Malden, program known as the "Quinn President of the Malden PoliceHealth-Care Package. The Mayor thanks to the professionalism of Bill". Superior Officers Unionthen "DEMOTED 6 Officers." At the members of the New England * Health Care Benefit with a Local 78this time the Union was frustrated PBA negotiating team. Below are “Wellness Program". Marlborough Police Officers Union, N.E.P.B.A Local 81I am taking the time to write a is getting more difficult which is acts on our behalf. Their manner which makes it easy toletter to express my support for evident each time we try to settle advice and expertise related understand. The New Englandthe New England PBA. It is with a contract. New England PBA’s to all matters pertinent to our PBA stands with us and we standgreat pleasure that I do this as representatives and the various union gives all our members with them.being a part of the New England attorneys affiliated with them confidence. Whenever I call themPBA has been an invaluable asset have been instrumental in making they return the call promptly and Respectfully,to the Marlborough Police Patrol the contract process a much are always helpful. The mazeOfficers Association, Local more fulfilling proposition. As of labor rules can be daunting to Matthew Hassapes81. It is evident that the climate president of Local 81, I feel very union members. With the help President - NEPBA Localfor various unions and union confident and secure whenever a of New England PBA, things 81, Marlborough Police Patrolgroups is changing. The climate New England PBA representative are explained simply and in a Officers Association Natick Superior Officers Union, N.E.P.B.A Local 82My experience with the New It was sun setting to sun rising, with the town we are steadily Supervisors.England PBA has been extremely the New England PBA team building a secure future for allsatisfying, especially regarding brought forward immediately of our members. These are the Thank Youcontracts and issues that surface a contract full of holes, plugged principals we asked for and the Sgt. Robert Dunlopduring contract cycles. My them and some and some again! team from the New England PBA Natick Superior Officerslocal had been sinking slowly The subsequent cycle added more fostered a solid approach that haswith agreements driven by the depth and breath building toward corrected errors and omissionnegotiating team from the IBPO. the future. Working cooperatively and are again paid as professional Boston Housing Police Patrolmans Union, N.E.P.B.A Local 151 I am writing this letter in re- with our past union. the Labor Board regarding the lot of questions, and our NEPBAgards to NEPBA, and the pleasure * Contract negotiations: We outstanding ULP. The NEPBA business agent and/or attorneyit is to work with them. We, the have already met (6/28) with Attorney assigned was very pro- have always been more than help-Boston Housing Police Patrolman managment regarding a new CBA, ficiant with her knowledge of the ful. I strongly believe that NEPBAbecame members of NEPBA on this is something that should have charges, and did a professional job is an assett to my local.April 13, 2011, and since then been done by our prior union over representing us. The outstandingthey NEPBAs business agent as- a year ago and was not. arbitration is being handled at this Yvonne Moschellasigned to us, as well as NEPBAs * Outstanding ULP and Arbitra- time by a NEPBA Attorney. PresidentAttorneys have gone above and tion: On 7/6/11, we as well as a Also, myself being a newly Boston Housing Police Patrolmanbeyond what we have been expe- NEPBA Attorney were heard at elected president I at times have a N.E.P.B.A. Local #155riencing over the past few years
  21. 21. New eNglaNd PBa ENDORSEMENT July/August 2011 21 AN OPEN LETTER FROM SGT. TOM FLEMING, LOWELL POLICE
  22. 22. 22 July/August 2011 FINANCIAL UPDATE New eNglaNd PBa DARE TO COMPARE: NEW ENGLAND PBA vs. MASS C.O.P.N WE ARE IN BETTER FINANCIAL SHAPE THAN OUR COMPETITORS AGE and their cohorts We do not believe MASSCOP have continuously stated is going broke with a yearly New England PBA is in Income of almost $2M dollars andfinancial trouble aka BROKE! they have been around for over Nothing could be further 32 years. New England PBA willfrom the TRUTH - in fact, surpass MASSCOP membershipALL our Financials are Public numbers this coming year and weRecord and filed with the will also exceed $2M dollars inMassachusetts Division of Labor revenue, as well as $1M in revenueat the end of the calendar year. from the New England PBA Health Let’s look at the latest NAGE & Welfare Trust, which fundslie and dissect the truth using your dental and optical benefits.their own pals at MASSCOP. New England PBA also has To the right, you will find an A+ Credit Rating with severalNew England PBA Financial banking institutions and willInformation vs. MASSCOP complete our $100,000 pledgeFinancial Information as contribution to the Nationalof December 31, 2010: Law Enforcement Officers Both have approximately the Memorial Fund and Museum insame number of Members with a Washington D.C. in Septemberslight edge to MASSCOP at the 2011. NAGE only contributedtime of these financial filings. $5,000 to the NLEOMF last year. DONT SPEND THAT 1% INCREASE IN WAGES DUE JULY 1, 2011: NAGE ALREADY VOTED TO INCREASE YOUR DUES BY 1% OF YOUR SALARYNAGE SPENT $15,000 OF YOUR UNION DUES FOR RED SOX TICKETSHow Many Red Sox Tickets Did YOU and YOUR FAMILY Get From NAGE?
  23. 23. New eNglaNd PBa FINANCIAL UPDATE July/August 2011 23 NEW ENGLAND PBA: OUR FINANCIAL RECORD IS STRONG NAGE Claims New England PBA Doesnt Have Solid Financials We Invite You To Look At Our Public Financial Records New England Police Benevolent Association Inc. Profit & Loss January through December 2010 Jan. - Dec. 10 Ordinary Income / Expense Income Misc Income 12,728.73 NEPBA Aflac 45,718.49 NEPBA Charities 24,675.00 NEPBA Items 4,047.84 NEPBA Union Dues 1,739,884.78 PAC FUND 39,634.34 Total Income 1,866,689.18 Our Figures Also Compare Favorably Against Competing Unions (See Public Records Below of Forms Filed With Massachusetts Divison of Labor Relations) MASS C.O.P. New England PBA WHERE IS YOUR 10% "GUARANTEED" PAY-RAISE? During this election campaign, CONTINUED FROM PAGE 1 NAGE has NEVER told you anything New England PBAvoted to join them – SEIU decided that they have accomplished, but rather QUARTERLY ORGANIZING REPORTfor you and with the collapse of SEIU NAGE has only tried to discredit our organization with false statements, 2ND QUARTER 2011Local 254, NAGE became your union. personal attacks and bully tactics.Consider that the Lowell Police Decertified From NAGE & Joined New England PBA:Superior Officers’ Association left As law enforcement officials, youNAGE and are members of New know better and as professionalsEngland PBA despite the ridiculous you each deal with cons and thugs * BOSTON SCHOOL POLICE UNIONclaims of NAGE to the contrary. on a daily basis and NAGE is the * BOSTON HOUSING POLICE PATROL UNION consummate con who attempts toSee Page 21 For Lowells Endorsement rule through fear, intimidation and * PORTSMOUTH, NH RANKING OFFICERS UNION other criminal type scare tactics. * MAYNARD POLICE PATROL UNIONFACT: Fear, intimidation, Stand up now and join us at New * MAYNARD POLICE SUPERVISORS UNIONoutright lies and don’t work with England PBA, "A Professionallaw enforcement professionals. Law Enforcement Union."
  24. 24. Altus Dental and New England PBA will provide EVERY Massachusetts Trial Court member with the BEST service.24Black

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