New England PBA Informational Paper

NEW ENGLAND PBA
New 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 DulleA

T
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 members
is. For those of you that may not option to present too; member advocacy as outcasts who should not be listened
know, I have been involved with to CJAM on behalf for grievances, their to, are bullied by some NAGE people
NAGE since it replaced SEIU Local of the membership Lobbyist team efforts, or lied about. Why is that? Where are
254 as Chairman for the Probation rather than the initial legal documents/ the faxes from NAGE that admit prior
Negotiation Team (2003-2006) and recommendations for casework and charities mistakes, some poor decisions or their
then as Local 118 President (ACPO/ cost saving measures nationally. Please minimization of CJAM’s continued
POIC) twice after local unions that included language ignore anyone who disregard for members’ rights and
were created (2007-2008/2009- about layoffs, court says there is nothing fair and equitable compensation for
2011). I also resigned twice from consolidations, good about either five years? All of this occurred with
these elected positions as President m a n a g e m e n t union here…NAGE a reduced workforce and increased
of Local 118 over some ongoing hiring freezes or NEPBA. Those responsibilities and liabilities for the
ethical differences, union practices, and management are simply ignorant members. Where is the fax from
perceptions and distortions directly staffing cuts. people trying to get NAGE that talks about what they will
with 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 Black
Holway over the past eight years. like, respect and am grateful I got to listen to differing views, rather
In my opinion, there is much more
These differences reached another to work with. These NAGE people than just bad mouthing NEPBA or
that should have been done on our
disappointing crossroad recently remained professional, committed behalf by NAGE for the past 5 years
when 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 economy

A
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 operating
the right to choose the union that recommendations for Berkshire, would restrict access to people on with 800 fewer employees since
will 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 District
provide for your family and the type relocations will have was received Elected officials spoke of the Court spoke about the impact relocating
of work environment in which you from sitting and retired judges, clerk economic hardships that businesses his courthouse would have on his
will 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 Bernard's 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 July/August 2011 EDITORIAL New eNglaNd PBa

How Does David Holway REALLY Feel About His Members?
Read Howie Carr's Infamous Article As Featured in 2002

Hack's 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 AFSCME's, then got there and refused to

F
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, "I'm not signing nothin'. . . And now he's running for presi-
the lesson of one David Holway. both of them sideways, one to the You don't understand, I'm 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, I'm a good guy . . ." delegates will assemble to vote in
the members to elect you to a big Repeated calls to Holway seek- Holway blew a .19, almost
job, don't 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 biggest
couple of them: "I protect the inter- Our story begins on July 4, 1994, was a "deficient sample" so his
est of (bleepity-bleeps) like you." pinky ring in the world, and the los-
when the Wrentham police got driver's 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-
don't 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 never
is a career hack, age 54, a failed Mike's 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. (Among
hangs out at a joint called Guido's 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. He's 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 union's
Holway was pulled over and was now Congressman, Bill Delahunt. members AFSCME's 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 Carr's radio show
as "t" before his memory failed him. was written by an assistant district can be heard every weekday
tutti capi of the National Asso- The lobbyist was placed un- attorney who later became a flack
ciation 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 Herald
eight years ago tomorrow, on July tough.' He was placed into hand- lice Department and is no lon- Record:1306F020B3E47838

New eNglaNd PBa ENDORSEMENT July/August 2011 3

AN OPEN LETTER FROM I.U.P.A. PRESIDENT SAM A. CABRAL

4 July/August 2011 EDITORIAL New eNglaNd PBa

THE REAL TRUTH ABOUT NAGE'S LETTERS OF SUPPORT

These Three Unions Are Not Members of NAGE
If NAGE is such a great union, why aren't 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.


AN OPEN LETTER FROM THE WORCESTER POLICE OFFICERS UNION

6 July/August 2011 NAGE RAGE New eNglaNd PBa

SHAME...SHAME...SHAME ON DAVID BERNARD
Please read the email from NAGE State Director David Bernard in which
he is directing Local President Dave Abbott to forward a letter to your
Executive Board and to have them sign this fabricated letter as their own.
As indicated in this e-mail, Bernard's scheme is to send out their usual
hate 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 Steve's 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.
Thanks

We 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

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 enforcement
anyone who supports them? Where and only further feeds into some here is trust: who do you believe? and the complexities involved and
is the simple validation comment member’s perceptions that there may NEPBA vs NAGE! The time to the collaborations needed between
from NAGE that says “we understand have been collusion or other factors vote is almost upon us and decisions these groups. NEPBA understands it
some 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 locals
with the Contract and upset how well as the previous ones including few simple questions: "are you happy have been there... or been in a lockup
you have been treated by CJAM.” hearings and rulings for the Regressive with the Contract that was recently on a Monday morning, or out with
Or maybe they could finally admit Bargaining cases against CJAM. agreed upon by NAGE and CJAM?" probation at night or watched what
publically to members that NAGE Recent news from the Trial (forgetting for the moment how the happens at the front door of courts
is disgusted with some of CJAM’s Court spoke of court consolidations, funding method will actually occur every day. I also want a Union that
tactics during negotiations or the personnel reassignments and and the time line for it). “Do you is actually willing to talk about 150E
lack of compromise through that relocation, and requests for a want the same people that negotiated and whether PO's and CO's should
entire process for years. How can Legislative change to allow some the last Two Contracts for you to separate...not like NAGE that says it
David Holway testify at the State additional modifications to existing begin negotiating your next contract makes us weaker... I want the voices
House before a Joint Committee on policies and contract language. It in January 2012?” Let us not also of ALL members to be heard and not
the 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 says
Administrator and then passively give made aware of in advance by NAGE, "10% in the next 13 months" versus "Members First" remember? Yes, as
in 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 people
now known as the possible “work behind closed doors." It became of things doesn’t alter the reality of say “the Devil you know is better
furlough 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 the
that the DLR clarify all this nonsense
about the ratified Contract being valid
it is time for a change and NAGE wasn’t good first place which is another reason
or not, regardless of the decertification enough. They failed us by not getting us what we why they need to go.” Why should
vote? We know why, because it is just deserved and by not finding alternative solutions." I listen to them now telling me there
another excuse to continue to mislead is another Devil coming?”No matter
- Larry Dullea what happens we will NEVER go
members into believing whatever
NAGE tells you to be true. I guess 5 years without a contract again or
it 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 and
Budget with no other evidence of decisions were being made on you waited for something other than you are not happy with them. Well, in
but 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 forward
comments 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 think
embarrassing but an admission of directly by Holway to determine it is time to let New England PBA
incompetence. 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 next
so 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 build
they won’t even answer questions get this contract voted on quickly. a more united membership rather
about 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 year
under 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 any
obligated to do and they should have better or that you do not deserve more
gotten 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 not
and 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 you
election 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 continue
that they do not want any questions bad mouthing me as their desperation
from 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 to
a disservice to everyone and they election results and finally get rid of
should 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 future
this question long ago given the and reinstate a union democracy for
facts, 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 Facts
that 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 Probation
to 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 July/August 2011 PROFESSIONAL NEGOTIATIONS New eNglaNd PBa

New England PBA Doesn't Just Go Along To Get Along . . .

CHELMSFORD: New England PBA protests Governor during re-election bid

CHELMSFORD: New England
CHELMSFORD: NEPBA Executive NEWBURYPORT: New England
PBA Local President Todd Ahern
Director Jerry Flynn confronts PBA Executive Director Jerry Flynn
and members address Governor
Governor Patrick, handing him debates Governor in open town
Patrick on issues concerning
a '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.

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 Captain's 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 Sheriff's Dept.
- Contract & Funding Approved for Worcester County Sheriff's 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 Mulligan's 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 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 Court

Recently, members of the enforcement community have been receiving phone
calls from an impersonator pretending to be Court Officer Brian Shea of the
Taunton District Court. In the message, the fraudulent party claims that he
is looking for answers regarding the creation of a bogus new union. New
England PBA has determined that Brian Shea's identity was stolen and filed
a 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


FROM: THE NH PROBATION / PAROLE UNION, N.E.P.B.A. LOCAL 270

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

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 NAGE's 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 NAGE's limit of under age 14 once every 48 months

FEATURE RELATED

Altus Dental's deeper provider network discounts deliver reduced member out of
pocket expenses and more available annual benefit dollars

Altus Dental's 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 July/August 2011 ALTUS DENTAL BENEFITS New eNglaNd PBa


New eNglaNd PBa ALTUS DENTAL BENEFITS July/August 2011 15


Optional Premium Plan Available - NAGE Can't Compare To Any Of Our Offerings

16 July/August 2011 EYEMED VISION BENEFITS New eNglaNd PBa

New England PBA: EyeMed Vision Care Plan

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 Can't 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
doesn't 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:

Don't 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

those of the New England Police Benevolent Association, Inc.,
I.U.P.A., AFL-CIO or any other law enforcement organization.
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A MONTHLY PUBLICATION WITH INTERESTS, OPINIONS AND COMMENTARY ABOUT LAW ENFORCEMENT

A Division of Thin Blue Line Publications, LLC November 2010

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il
mbers. ith issues, and we are uniquely qualified t provide complete representation. A always, our f
with your i d i l lifi d to id l t t ti As l fees our h
heavily di
il discounted f
t d for
NEPBA members.

PERSONAL INJURY CASES
PERSONAL INJURY CASES
BUYING, SELLING & REFINANCING A HOME
BUYING, SELLING ESTATE PLANNING
& REFINANCING A HOME

We are pleased to welcome

MASSSACHUSETTS LEGAL UPDATE
members of the

March - 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 to
fire 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 significant
into contact with some dangerous and
unpredictable 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. Society
has 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 same
safe – 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 of
arrests, 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 can
The proper result of you doing your job from subsequent creditors (emphasis protection (beyond $500,000); available for one year from the time of the
is that people are often forced to pay fines
handle any employment related matters, personal injury claims, contract issues and criminal defense matters at
and 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 law
domestic violence issues and substance
abuse 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 filed
use 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 their
and 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 necessary
who come in contact with the police are
often 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 is
legal 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 certainly
are the subjects of force or are convicted (i.e. your mortgage) tax obligations, and needed; and are not the first officer to have some angry
of 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 informed
officers, both police and corrections, and The Homestead Act has been around declarations are subject to mortgages you, and threaten that he is “going to own
these 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 visiting
either – 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 can
of suing you personally. Whether your
an attorney can be stressful and as such we endeavor to make clients feel at ease by answering their questions
employer 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 lawyer
it 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 may
assets 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 estate
so 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 the
do 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.com
Act. Most homeowners have heard the
term “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) if
like 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 July/August 2011 NEW ENGLAND PBA TESTIMONIALS New eNglaNd PBa

Malden Police Superior Officers Union, N.E.P.B.A Local 78
I 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 "Detail
AFL-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 be
We 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 3
at 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, with
Our talks broke down when we later we signed a 3 year contractual retro) our educational incentive Lieutenant George F. Grimes
refused to accept the Mayor's agreement with the City of Malden, program known as the "Quinn President of the Malden Police
Health-Care Package. The Mayor thanks to the professionalism of Bill". Superior Officers Union
then "DEMOTED 6 Officers." At the members of the New England * Health Care Benefit with a Local 78
this time the Union was frustrated PBA negotiating team. Below are “Wellness Program".

Marlborough Police Officers Union, N.E.P.B.A Local 81
I am taking the time to write a is getting more difficult which is acts on our behalf. Their manner which makes it easy to
letter to express my support for evident each time we try to settle advice and expertise related understand. The New England
the New England PBA. It is with a contract. New England PBA’s to all matters pertinent to our PBA stands with us and we stand
great 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 them
PBA 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 maze
Officers Association, Local more fulfilling proposition. As of labor rules can be daunting to Matthew Hassapes
81. It is evident that the climate president of Local 81, I feel very union members. With the help President - NEPBA Local
for various unions and union confident and secure whenever a of New England PBA, things 81, Marlborough Police Patrol
groups 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 82
My 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 all
satisfying, especially regarding brought forward immediately of our members. These are the Thank You
contracts and issues that surface a contract full of holes, plugged principals we asked for and the Sgt. Robert Dunlop
during contract cycles. My them and some and some again! team from the New England PBA Natick Superior Officers
local had been sinking slowly The subsequent cycle added more fostered a solid approach that has
with agreements driven by the depth and breath building toward corrected errors and omission
negotiating team from the IBPO. the future. Working cooperatively and are again paid as professional

Boston Housing Police Patrolman's 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 NEPBA
gards to NEPBA, and the pleasure * Contract negotiations: We outstanding ULP. The NEPBA business agent and/or attorney
it 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 NEPBA
became 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 outstanding
they NEPBA's business agent as- a year ago and was not. arbitration is being handled at this Yvonne Moschella
signed to us, as well as NEPBA's * Outstanding ULP and Arbitra- time by a NEPBA Attorney. President
Attorneys have gone above and tion: On 7/6/11, we as well as a Also, myself being a newly Boston Housing Police Patrolman
beyond what we have been expe- NEPBA Attorney were heard at elected president I at times have a N.E.P.B.A. Local #155
riencing over the past few years


AN OPEN LETTER FROM SGT. TOM FLEMING, LOWELL POLICE

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 and
financial trouble aka BROKE! they have been around for over
Nothing could be further 32 years. New England PBA will
from the TRUTH - in fact, surpass MASSCOP membership
ALL our Financials are Public numbers this coming year and we
Record and filed with the will also exceed $2M dollars in
Massachusetts Division of Labor revenue, as well as $1M in revenue
at the end of the calendar year. from the New England PBA Health
Let’s look at the latest NAGE & Welfare Trust, which funds
lie 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 several
New England PBA Financial banking institutions and will
Information vs. MASSCOP complete our $100,000 pledge
Financial Information as contribution to the National
of December 31, 2010: Law Enforcement Officers
Both have approximately the Memorial Fund and Museum in
same number of Members with a Washington D.C. in September
slight edge to MASSCOP at the 2011. NAGE only contributed
time of these financial filings. $5,000 to the NLEOMF last year.

DON'T SPEND THAT 1% INCREASE IN WAGES DUE JULY 1, 2011:
NAGE ALREADY VOTED TO INCREASE YOUR DUES BY 1% OF YOUR SALARY

NAGE SPENT $15,000 OF YOUR UNION DUES FOR RED SOX TICKETS

How Many Red Sox Tickets Did YOU and YOUR FAMILY Get From NAGE?

New eNglaNd PBa FINANCIAL UPDATE July/August 2011 23

NEW ENGLAND PBA: OUR FINANCIAL RECORD IS STRONG
NAGE Claims New England PBA Doesn't 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 PBA
voted to join them – SEIU decided that they have accomplished, but rather QUARTERLY ORGANIZING REPORT
for you and with the collapse of SEIU NAGE has only tried to discredit our
organization with false statements,
2ND QUARTER 2011
Local 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, you
NAGE and are members of New know better and as professionals
England PBA despite the ridiculous you each deal with cons and thugs * BOSTON SCHOOL POLICE UNION
claims of NAGE to the contrary. on a daily basis and NAGE is the * BOSTON HOUSING POLICE PATROL UNION
consummate con who attempts to
See Page 21 For Lowell's Endorsement rule through fear, intimidation and
* PORTSMOUTH, NH RANKING OFFICERS UNION
other criminal type scare tactics. * MAYNARD POLICE PATROL UNION
FACT: Fear, intimidation, Stand up now and join us at New * MAYNARD POLICE SUPERVISORS UNION
outright lies and don’t work with England PBA, "A Professional
law enforcement professionals. Law Enforcement Union."

Altus Dental and New England PBA will provide EVERY
Massachusetts Trial Court member with the BEST service.

24
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New England PBA Informational Paper

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