Baltimore City Fraternal Order of Police ® ® Summer 2011 ROLLCALL Official Newsletter Publication Fraternal Order of Police • Baltimore City Lodge #3 MESSAGE FROM THE PRESIDENT & VICE PRESIDENT By Bob Cherry and Gene Ryan Police Officer Teresa Rigby Police Officer Andy Zduro On June 21, 2011, while working uniformed patrol in the ND and assisting a disabled motorist on Interstate 83 near the Pepsi plant, Police Officer Teresa Rigby, a four year veteran, fell from the elevated expressway and was seriously injured. P/O Rigby was transported to University of Maryland – Shock Trauma and admitted in serious condition. We are pleased to report she is making a significant recovery and is now at home and participating in outpatient physical therapy. Her colleagues from the ND have kept a close watch on her and we all wish P/O Rigby a speedy recovery. On July 19, 2011, while working uniformed patrol in the SWD and investigating a domestic call, Police Officer Andy Zudoro, a five year veteran, was shot by a suspect who was lying in wait from across the street and armed with a high powered rifle. The round struck his service weapon that resulted in four of P/O Zudoro’s cartridges to explode and struck P/O Zudoro on his hip. P/O Zudoro was transported to the University of Maryland – Shock Trauma where he was treated and released. Along with patrol members of the SWD and other officers assigned to the Operations Bureau, Homicide detectives Bryan Kershaw and Steve Matchett were able to identify the suspect, recover the weapon involved and obtain a confession. We are all relieved P/O Zuduro was not seriously hurt and are proud of the great work our men and women in the BPD continue to do each day on the streets of Baltimore. Table of Contents President’s Message . . . . . . . . . . 1 Amendment to By-Laws . . . . . . 2 Chaplain’s Corner . . . . . . . . . . . . 4 2011 Cops Ride Photos . . . . . . . 6 Scholarship Recipients . . . . . . . 8 From the Guard. . . . . . . . . . . . . . 9 Thank You Letters . . . . . . . . . . 10 Police Week 2011 Photos . . . . . 12 From 3rd Vice President . . . . . 14 Joint Labor Management Committee . . . . . . . . . . . . . . . 14 Merchandise Committee . . . . . 14 Pension Lawsuit Update The final phase in our lawsuit against the Mayor and City Council is scheduled to be heard in U.S. District Court in late November or early December before the Honorable Judge Marvin Garbis. Although Judge Garbis had asked both the Unions and City to attempt to reach a settlement following the third phase of the trial, we were unable to reach a consensus. The Unions remain steadfast in our commitment that each active police officer and firefighter should be grandfathered into the “20 and out” years of service requirement as they were promised by the City upon accepting employment, and we are also committed to providing for our retired members a respectable cost of living adjustment to their annuity. Both sides expect the losing party to appeal to the United States Court of Appeals for the Fourth Circuit upon the conclusion of the case which means this case is far from over.®Please check for occasional updates on our website at www.fop3.org. Membership Dues At the General Membership Meeting on July 25, 2011, an amendment to the By Laws and Constitution of the Lodge was introduced that would raise the dues of all active FOP members from 1% of the starting salary of a first year police officer to 1.5% of the starting salary of a first year police officer. This equates to roughly an additional $8.00 per pay, per member, and is necessary due to the depletion of all our monetary reserves which have Continued on page 3 ® ROLLCALL is published quarterly: Spring, Summer, Fall and Winter, by the Fraternal Order of Police, Baltimore City Lodge #3 LODGE OFFICE 3920 Buena Vista Avenue Baltimore, MD 21211 Phone 410-243-9141 Fax 410-467-1643 www.fop3.org EXECUTIVE BOARD Robert F. Cherry, Jr. President Gene Ryan 1st Vice President Oscar Requer 2nd Vice President Brian Atwood 3rd Vice President Sheri McMillion Secretary John K. Nolan Treasurer Dominic Mastromatteo Guard Stanley Mezewski State Trustee Don W. Helms Chaplain COMMISSION OF TRUSTEES John Lewandowski George S. Trainor Edward Wagner ROLLCALL 2 AMENDMENT TO BY-LAWS Baltimore City Fraternal Order of Police Lodge #3 Article VII Dues and Assessments Whereas; Baltimore City FOP Lodge 3 is charged with a mission to vigilantly protect, promote and improve the working conditions, legal rights, compensation and benefits of Baltimore City police officers, sergeants and lieutenants; Whereas; Baltimore City FOP Lodge 3 has a dues structure going back to the 1980s where each active member pays 1% of a first year police officer’s salary spread out over the 26 pay periods; Whereas; Baltimore City FOP Lodge 3 is currently engaged in a federal lawsuit against the City of Baltimore to restore pension benefits stripped from our active and retired members, and that this lawsuit has resulted in the expenditure of over $1.7 million of FOP dues money with an additional $750,000 still owed to our attorneys and other related pension costs; Whereas; Baltimore City FOP Lodge 3 has in the past and continues to this day allow our members to seek board approval to defend them against criminal charges levied while they were working in the capacity of a police officer and that through the first 6 months of 2011 alone, has resulted in the expenditure of over $210,000 of FOP dues money with an additional $178,000 still owed to these members’ attorneys; Whereas; Baltimore City FOP Lodge 3 has additional bills and distress funds not associated with either the pension lawsuit or legal representation that in effect support and protect the overall mission of the FOP; Whereas; as an entity that is faced with ever increasing political and financial challenges, as has been observed across the country and even here in the State of Maryland, as outside forces work to limit the rights of police officers to collectively bargain and defend their members; Therefore Be It Resolved; under Article VII, Dues and Assessments, Section I, sub-section A, the wording shall be changed to reflect the following: “Active Police Officers: Dues equal to 1.50% of the base pay of a hiring level Baltimore City Police Officer as set forth in the Memorandum of Understanding in effect on July 1 of each year.” As well as adding the following wording to the end the previously passed amendment concerning the dues assessment in support of the Baltimore City FOP Lodge 3’s funding of the federal lawsuit against the City of Baltimore to restore our pension benefits to reflect the following: “This dues assessment will be continued for an additional fifteen (15) pay periods at the conclusion of the thirty-two (32) pay period.” Submitted by FOP Lodge 3 Board of Directors July 25, 2011 ® MESSAGE FROM PRESIDENT & VICE PRESIDENT Continued from page 1 been used to support our pension lawsuit as well as defend our members in administrative cases within the BPD and certain criminal charges. Since the lawsuit was filed, your FOP has spent over $1.7 million to restore the pension benefits that were unfairly and illegally stripped from our members with the implementation of Ordinance 10-306. We have also spent several hundred thousand dollars defending our police officers who have been charged with felonies while working in the performance of their duty. The FOP is only as strong as our members remain united in the fight and we cannot fight by mere words alone. Our mission is to vigilantly protect, promote and improve the working conditions, legal rights, compensation and benefits of all Baltimore City Police Officers, active and retired. We have no intention on giving up this fight and we are confident our members will understand the necessity of making this dues structure change which has not been changed since the mid 1980s. Police Officer John “Mack” McAndrew On Wednesday, June 29, 2011, at Police Headquarters, Police Officer John “Mack” McAndrew, Sr. was presented his retirement certificate by Police Commissioner Fred Bealefeld in front of his wife and family and a host of current and former police officers from the WD. Mack joined the BPD in June of 1961 and served with honor and distinction for 50 years and during that entire time was assigned to the Western District. His commitment to duty and dedication to the job as well as his mentoring of many generations of police officers who at some point worked in the WD will be missed. We wish Mack the best of health and success as he moves on from the old stationhouse at Mount and Riggs. Plaque Unveiling In Memory Of Police Officer Tommy Portz On July 1, 2011, the memorial plaque in memory of Police Officer Tommy Portz was unveiled in the roll call room of the WD. Present was Tommy’s wife and children as well as many of his colleagues from the WD. Please keep the Portz family, and all the surviving families of our fallen heroes, in your thoughts and prayers. We always remember. Detective Brian Stevenson Foundation A foundation to support the children of Baltimore City via scholarships and the opening of a recreation center here in Baltimore City has been established in memory of the late Detective Brian Stevenson. The first venue for raising funds for the Detective Brian Stevenson Purple Kisses Foundation, Inc. was held on August 5, 2011 from 7:00-11:00 PM at The American Brewery, 1701 N. Gay Street, Baltimore. For more information please go to www.purplekisses.org. Mayoral Election This is an election year in the City of Baltimore and voters across the city will be asked to choose among candidates for Mayor and City Council during the primary election to be held on September 13th. By the time you receive this newsletter, FOP Lodge 3 will have interviewed a host of candidates for these races. Although we may not make endorsements in each race, it remains important for our Lodge to be involved in the political process and let our concerns and grievances be heard. You work hard to protect the citizens of Baltimore and the elected leaders of Baltimore need to know that our members deserve more from City Hall than we have been getting these last few years. Communication Our members are reminded to obtain updates and information from the FOP by signing up with Twitter at www.twitter.com and creating a free account and then follow “FOP3”. By adjusting the settings on your account, you can have text message updates sent directly to your cell phone. You can also check for updates on the FOP website at www.fop3.org. Our members are also reminded to call the Lodge at 410-243-9141 to update any home and email address as well as any beneficiary changes in order that we have the correct information in our database. This will ensure you receive all FOP mail as well as the occasional FOP email blasts we send out. Monthly Board Meetings are now held the second Tuesday of every month. ROLLCALL 3 ® CHAPLAIN’S CORNER By: Chaplain Don W. Helms Police Week 2011 Another Police Week has come and gone but the memories live on in the minds of the thousands who attended a week dedicated to our brothers and sisters who gave their all for the freedom of every man, woman, and child in this country. We had been extremely fortunate since January 9, 2007, suddenly tragedy struck and Brother Troy Chesley was killed on his way home by a gunman in a surprise attack in an unsuspected robbery. Reaching almost 4 years without an officer killed was truly a blessing when the average for City Police Deaths is one per year. But on September 9, 2010, the dreaded call came and our family was once again stricken with grief as another wife and relatives were notified. Officer James E. Fowler III was killed in a tragic vehicle accident that took everyone by surprise. Thirty six days later, another Brother in Blue, Detective Brian Stevenson, was taken from us in a senseless off-duty situation which resulted in his murder. Five days later on October 20th 2010, another Brother, Thomas R. Portz Jr., was killed in a vehicle accident leaving behind a wife and three small children. While handling the deaths of three Brothers in less than two months, the New Year came in and we looked towards to a new year of safety for our law enforcement family, but on January 9, 2011, disaster struck again with the untimely death of Brother William H. Torbit. So, needless to say, the end of 2010 and the beginning of 2011, was a dismal time in the his- ROLLCALL 4 tory of our agency, one that will never be forgotten. COPS Ride 2011 People Helping People In all the years I have been attending police week in Washington D.C., I have never seen so much attention given to our survivors as this year. Truly, a round of applause goes to Commissioner Bealefeld and his staff for the sensitivity shown to our families mourning their loss and trying to answer that never answerable question of “Why”? Many do their job as a soldier given an order fulfilling the task in a businesslike manner, but that was not the case as attention was given to our grieving survivors. They were treated with the utmost respect and compassion by our command which was noticed by all in attendance. Words cannot describe the genuine compassion and sensitivity given by the Commissioner and his staff and the Director of Public Affairs Antony Guglielmi and the members of his office. Many throughout the country who observed the actions of our agency towards our survivors inquired as to our procedures and protocol concerning line of duty deaths. But, what they were experiencing had nothing to do with procedure and protocol, but sacrificial love. What they saw were members committed to serving their fallen brothers and their loved ones. Our members sacrificially gave their time and in many cases from early morning until late at night, all because they cared, not because they were ordered. As a 39 year veteran, I have seen our agency grow in how they handle line of duty deaths and our survivors. As we continue to live in a world of violence, which we have little control over, we will continue to see the deaths of our Brothers and Sisters in Blue who are willing to lay down their lives for the good of all mankind. Once again, The Maryland Chapter of Concerns of Police Survivors (COPS) sponsored their annual fund raiser, having motorcycle riders from all over the State converge on the Howard County Fair Grounds for a time of fellowship, food, and fun. Even in these hard economic times, over 1800 riders participated, along with corporate sponsors stepping up to the plate to support the Law Enforcement community, raising in excess of $100,000. Who would have known that in August of 1981, when newly-elected National Secretary of the Fraternal Order of Police Auxiliary, Susie Sawyer, made a motion to sponsor a National Peace Officers’ Memorial Day, that it would develop into one of the greatest nationally known survivors support groups in the country, “COPS.” Let us continue to show support for the Maryland Chapter of COPS who use their funds for our Maryland survivors, assisting them through their grief and helping them to get their lives back on track. Special thanks to Sue Nickerson (President of the Maryland Chapter), Corporal Shawn Kiele (COPS Advisor) and one of our members, Retired Homicide Detective Earl Kratsch (COPS Advisor and Maryland State Lodge Treasurer), for their initial and continued assistance to our survivors. The death and burial of an Officer is not the end, but a beginning, for we must move forward into the future, healthy and strong to carry on their law enforcement legacy. ® CHAPLAIN’S CORNER continued from page 4 Upcoming Events And A Step of Faith Throughout the year we schedule events that are at little to no cost to members. Events such as the fall and spring open house, a time to bring together retired and active officers along with old friends we haven’t seen in years to fellowship and enjoy the food and refreshments. The pre-retirement seminars, a place to come for the day and learn from the experts about your benefits and investment strategies as you plan for your future. A Memorial Motorcycle Ride to honor our deceased officer, where riders receive a commemorative T-shirt, lunch, door prizes, and an enjoyable two hour police escorted ride through the countryside. Plus our annual Prayer Breakfast with a full hot breakfast buffet, guest speakers, music and fellowshipping before heading off to work. The lodge, like everyone else has had to make cuts within the budget and still attempt to supply benefits for our members, especially in the area of the distress fund. In examining the budget, I am told that there will be no funds for the Prayer Breakfast. Our Prayer Breakfast has not only been for spiritual fellowshipping and refreshment, but for members who were in need of spiritual guidance and came with a downtrodden heart and found solace from those in attendance. The cost of a Prayer Breakfast with a full hot buffet would run the lodge around $700 and this would feed a hall full of people. With that being said, I believe we can continue to have our Prayer Breakfast by reaching out to our members and friends for donations. We have never charged for our Prayer Breakfast because I believe it is a ministry to our members and honoring to God. When we look around at the economic climate and see how devastating it has been to so many, we in the law enforcement family are truly blessed. So let us be a blessing for others and ourselves and send a donation to the lodge for the Prayer Breakfast. Any funds obtained above the cost of the Prayer Breakfast will be placed in a fund earmarked specifically for future Prayer Breakfasts. So make a donation and bring a friend to the breakfast. We have set aside the first week in November for the breakfast, so for the next few months if you find some extra change in your pocket that you can spare, put it aside and use it as a donation for the Prayer Breakfast. Think about it, if everyone gave one dollar we would have more than enough and I know God would smile upon the givers in a mighty way. God always blesses that which is done for Him, so give a donation, come for the breakfast and receive a guaranteed blessing, when God’s people move, mighty things happen. Send Donations To: FOP Lodge #3 Prayer Breakfast 3920 Buena Vista Avenue Baltimore, MD 21211 REMINDER Contact Lodge with address and name change Event Dates: 29 Oct - Annual Motorcycle Ride Memorial Regular Committee Members and Those Willing To Assist With The Ride Give Me A Call: Cell 443876-2330 02 Nov - Annual Lodge Prayer Breakfast 16 Dec - FOP Open House Dec - Tentative Pre-Retirement Seminar - Date To Be Announced Poem Submitted by: Stephen T. Colburn Written by: Ron Colburn My Brother I have the honor to be the brother of a soldier dressed in blue On a horse or a motorcycle or flying in the blue He walked the streets of Baltimore To hold that thin blue line And everyday that he served He left his family behind This is what he has done The sacrifice that he made That is why we still live In the land of the free and brave Everyone thinks of soldiers Who fight in far off lands But if you see a Police Officer Please go up and shake his hand. ROLLCALL 5 ® 2011 COPS RIDE FALLEN HEROES April 4, 1933 ..............................................John R. J. Block April 6, 1973 .........................................Norman Buchman April 7, 1962 ..............................................Henry Smith Jr. April 16, 1976 ......................................Jimmy D. Halcomb April 17, 2003 ...............................................Walter Taylor April 18, 1968..............................................Richard Bosak April 18, 1915 ...........................................George C. Sauer April 21, 2000 ...........................................Kevin M. Gavin April 23, 1978...........................................Robert J. Barlow April 24, 1970................................................Donald Sager May 5, 1974 ..............................................Frank Whitby Jr. May 5, 1997.......................................Owen E. Sweeney Jr. May 19, 1902...........................................Charles Donohue May 22, 1871...................................................Joseph Clark May 26, 1993......................................Herman A. Jones Sr. May 26, 1962 ...............................................Richard Seebo June 12, 1971.............................................Carl Peterson Jr. June 13, 1940 ............................................William L. Ryan June 13, 1943 .......................................William Woodcock June 20, 1894 ...............................................James T. Dunn June 20, 1894...............................................Michael Neary June 24, 1994 .....................................George M. Arminger June 29, 1924 ............................................Charles F. Frank June 29, 1926 .........................................Webster Schuman July 1, 1954 .....................................................Walter Davis July 2, 1962........................................Edward Kowalewski July 2, 1919 ...................................................John Lanahan July 4, 1889....................................................John T. Lloyd ROLLCALL 6 July 5, 1870..................................................James Murphy July 12, 1926 ...............................................Thomas Dillon July 15, 1891......................................................Jacob Zapp July 20, 1981............................................Ronald L. Tracey July 21, 1986............................................Richard T. Miller July 22, 1965 ..............................................Robert H. Kuhn July 26, 1972.............................................Lorenzo A. Grey August 1, 1974........................................Frank Grunder Jr. August 1, 1953 ...........................................James L. Scholl August 1, 1971...........................................Martin E. Webb August 4, 1950............................................Charles Hilbert August 5, 1927 .........................................William Doehler August 15, 1974..............................................Milton Spell August 18, 1872 ......................................John Christopher August 19, 1979 .........................................William Albers August 21, 1967.......................................John C. Williams August 22, 2002 ..................................Crystal D. Sheffield August 29, 1899 .....................................Alonzo B. Bishop September 4, 1871 .......................................John Richards September 10, 1945.....................................John Bealefeld September 11, 1964 ...................................Walter Matthys September 13, 1975................................Edward Sherman September 19, 1958 ................................Robert K. Nelson September 20, 1986 ...............................Robert Alexander September 21, 1992.......................................Ira N. Weiner September 22, 1858................................Benjamin Benton September 22, 1973...................................Calvin Rodwell September 29, 1956 ....................................John R. Phelan ® ROLLCALL 7 ® SCHOLARSHIP RECIPIENTS She has received awards for Athletic Achievements, Integrity and Exemplary Sportsmanship. She has also received the United States Marine Corps Distinguished Athlete Award Good Luck and congratulations Allyson. Samantha Smith Allyson Zeitschel Allyson Zeitschel is the daughter of Retired Member James Zeitschel Allyson is a recipient of the $4,000.00 scholarship - $1,000.00 a year for 4 years. Allyson will be attending the University of Delaware. She will be majoring in chemistry and secondary education. She plans to study abroad in Africa to help educate impoverished children. She hopes to continue working with underprivileged children and families after graduating. While in High School she was a National Merit Commended Student and a Maryland Distinguished Scholar. She received the Presidential Award for Academic Excellence and State of Maryland Scholastic Award. She played volleyball for 4 years – 3 years on the Varsity team – She won a sportsmanship award her sophomore year and was captain of her team her junior and senior year. She won Volleyball MVP at her senior athletic banquet. She played varsity tennis for 4 years and was captain for two. She also won Tennis MVP at the end of her senior season. ROLLCALL 8 Kristina Higgins Kristina is the daughter of James Higgins. Kristina Higgins is a recipient for the $2,000.00 scholarship. To be disbursed $500.00 a year for the next four years. Samantha Smith is the daughter of FOP Member Major Joe Smith. Samantha is a $2,000.00 recipient $500.00 will be awarded each year. Samantha will be attending West Chester University this fall. Kristina will be attending UMBC in the fall and will be major in Biochemical engineering. She will be majoring in Biology with a concentration in General Studies/minoring in Spanish. During her time at Hereford High School she was a soccer player and became Captain during her senior year. Her junior year, her goal is to study abroad and continue her education in a Spanish speaking country. She was a member of the National Honor Society, Math National Honor Society and Science National Honor Society. During her free time she assisted in the school’s Cross Country State Championship and volunteered at a local physical therapist office. Kristina participated in the 9/11 Memorial 5K run and the Race to Cure Pancreatic Cancer. Kristina hopes to follow her dreams and make a difference in the world of science. Good Luck Congratulations. Kristina and When Samantha graduates with her bachelor’s degree, she anticipates completing her Masters degree. Samantha hopes to gain employment in the research field, possibly working with stem cells and conducting medical research. During High School she attained distinguished honor roll status and was one of only five students recognized in the district as having achieved an advanced level in all four areas of PSSA testing (Math, Reading, Writing, and Science). She is a part of the National Honor Society and ranked in the top 10% of her graduating class. She has been involved in student mentoring and tutoring. She participated in remodeling the Spanish center to strengthen relationships ® SCHOLARSHIPS FROM THE GUARD continued from page 8 By Dominic Mastramatteo with the Spanish Community and mentoring a non-English speaking student. There seems to be an increasing tendency of our members to surrender or considering to surrender their F.O.P membership. Big mistake. Our future and independence depends absolutely on retaining our present membership and adding new members as they are hired by the Department. Often disagreements end in separation; sometimes, permanent separation, this must be avoided. Anger and disenchantment should not be directed at the F.O.P., direct it at those causing the hardships and problems: the Mayor, the City Council, and in some cases the Department. If you surrender your membership or elect not to join the F.O.P., they win, you lose. Without this lodges’ representation, conditions along with financial benefits would be worse. The President and the Executive Boards accountability to our members is not a novel concept. This lodge has provided counsel that has successfully defended our members at trial boards and courts, and we will continue to do so. When the President and the Executive Board moves on a problem we need the support of the entire membership. Sometimes our decisions, good or bad do not detract from our sense of loyalty to the membership. That is paramount and should never be questioned; however, the strength and effectiveness of our organization depends on the loyalty of all our members to the organization and to each other. She likes to read, cook, run, hang out with friends, attend school, meet new people, participate in fund raising events and help younger children. She hopes to continue her volunteer work in both the community and school events. Congratulations and Good Luck Samantha. Owen Sweeney Scholarship Recipient: Tyler Priola Tyler’s first goal is to pursue a Bachelors degree in computer engineering at West Virginia University and later a Masters degree in software engineering. His dream is to land a job with Apple Technologies as a software designer. Athletically, he has played recreation league hockey for the past ten years and was captain for the last three years. He hopes to continue playing WVU on their division I ice hockey team. While in High School he was a part of the Good Times Show Choir for three years, competing seasonally against other schools in various States. His volunteer activities include Key Club and P.A.S.S. (Providing Academic and Self Esteem Support). The volunteer positions allow him to serve his community and mentor disadvantaged children. In his spare time he works at Ruby Tuesdays and occasionally indulges in video game marathons. This lodge is now approaching a financial crisis, brought on mainly by the City Administration. The City Council, at the request of the Mayor, passed legislation that grossly impacted the pension of all our members. In order to confront this action, a court remedy was sought. At a specially convened membership meeting (attended by approximately 850 members), they voted overwhelmingly to approve litigating the action of the City with regard to our pension. This action has become very expensive but also very worth engaging, but will require additional financial resources. To satisfy this burden it will require the input of all of our members. Several years ago, and due to similar circumstances, I wrote an article in the F.O.P newsletter where I stated the City’s intent is, “to force the F.O.P. to continually litigate costly appeals in hope that those costs will eventually deplete our financial resources and thereby render our organization ineffective.” The City underestimated the resolve of our organization. We united and became stronger. Due to political corrosion, nothing has changed. The city taxpayers should be outraged at the untold thousands of the taxpayer dollars the various previous City Administrations and the present one have spent in an attempt to render the F.O.P ineffective. They failed then and with the help and solidarity of our members, they will fail again. I encourage everyone who has opted-out of the F.O.P. to rejoin. For those who are contemplating surrendering your membership, don’t. Stay on board and keep our fight against the City in court. If you are aware of a colleague who is not a member of our lodge, encourage them to join. This is also their fight. The President and the Executive Board remain grateful for all the current support of our membership. ROLLCALL 9 ® ROLLCALL 10 ® ROLLCALL 11 ® POLICE WEEK 2011 ROLLCALL 12 ® ARTIFICIAL HIP IMPLANT RECALL AND MASS LITIGATION The SBW LAWFIRM has represented numerous clients in regard to personal injury and wrongful death in Product Liability and MedicalProfessional Malpractice Lawsuits. In August of 2010 DePuy Orthopaedic, Inc., a division of Johnson & Johnson, issued a worldwide recall of all of its ASR metal on metal hip implants and began sending letters to all patients who had been implanted with these devices to consult their orthopedic surgeons immediately. This recall was the result of studies done between the late 1990s through 2009 in England and Australia. These studies draw attention to the high failure rate particularly among females implanted with these hip products. Also an alarmingly high concentration of metallic debris (primarily Cobalt) in tissue, bond and blood stream afflicted a significant percentage of the patients studied. It was found that these high levels of metallic debris (suspected as metal shavings from the wear and friction of the metal on metal components of the implant) were causing allergic reactions, the long term extent of which is still unknown and is the subject of ongoing study by pathologists and toxicologists throughout the world. Hundreds of cases have been filed throughout the country on behalf of patients who have been adversely affected by this product, as well as thousands of direct claims against the manufacturer pursuant to the recall letter. Most of the lawsuits that have been consolidated under a procedure known as multi district litigation in Federal District Courts in Ohio and California. The Judges in these courts have ordered that the implants, once removed from patients who have filed cases against the manufacturer, be preserved as evidence and maintained according to a strict scientific protocol to allow experts to test and study each implant. Depuy has undertaken its own efforts to secure the implants once removed before patients had filed any claims or cases against it. Maintaining and preserving these implants once removed is critical to the outcome of any claim or lawsuit presented on behalf of patients adversely affected by this defective product. SBW law firm is now handling three of these defective implant cases and is working closely with medical and engineering experts. It is expected that many more will be forthcoming. Subsequent studies have found an increase of the failure rate of these hips now reaching 49%. A recent article in the New York Times (June 26, 2011) discusses the studies reflecting this high incident of failure and the Food and Drug Administration’s recent directive to manufacturers of all metal hips to undertake emergency studies of patients implanted with them. If you believe that you are a recipient of an artificial metal on metal DePuy hip or if you have received a recall letter from the manufacturer DePuy or their claims adjusting company, Broadspire, you are encouraged to contact us to review and discuss your particular circumstances. If you have already been contacted by your surgeon and have undergone or plan to undergo a revision surgery removing this device, it is particularly important that the removed device be secured and maintained for expert analysis. If not, you are at risk for defeating your right to claim damages and other benefits to which you may be entitled. It is unclear at this point in time which direction DePuy will take in responding to the lawsuits and claims which it now faces. DePuy may resort to defensive tactics to avoid liability for this defective product. There have been indications that DePuy may attempt to blame the surgeon for using a defective implant technique. Anyone who has received one of these hip implants should not hesitate to seek legal advice. Henry L. Belsky, Esquire Victor D. Sobotka, Esquire Schlachman, Belsky & Weiner, P.A. 300 E. Lombard Street, Suite 1100 Baltimore, Maryland 21202 410-685-2022 410-783-4771 (fax) [email protected] [email protected] Monthly Board Meetings will now be held the second Tuesday of every month. ROLLCALL 13 ® FROM THE 3rd VICE PRESIDENT Brothers and Sisters: I hope your summer has been full of fun and all is going well. I have received several calls over the past several months reguarding the cancellation of leave by the police department. The question I get the most is, “I thought my leave was protected?” The answer is, not all leave is protected. The only leave that is protected is by using V-days. This is covered in the MOU under Art. 8 Sec. G and H. If a member wants to protect leave there is only two ways that can be done. First, to place one or more V-days between Jan 1st and Feb 10th. Any other leave (P,PL, and H days) which are obviously attached to the V-days would also be protected, example (V,H,H). The second way is to block your leave. Leave requested after Feb 10th is in the first come, first serve basis. A block is a minimum of 5 days, in a said block, you must have at least 3 V-days plus 2 P or PL days together to make the block, example (V,V,V,P, and P). These are the only two ways under the MOU that your leave will be protected. I also have been asked questions on officers being drafted to work over past there regular shift. This is covered under Art. 24 Sec. K Mandatory Overtime Assignments. The Police Department can hold officers over and the department shall make every effort to solicit volunteers from within the member’s assignment. There are some exemptions from this such as: day care, family illness, schooling, approved secondary, and pre-paid social events, to name a few. The Police Department also has the authority JOINT LABOR MANAGEMENT COMMITTEE Have you ever said, “I wish Command knew (fill in the blank) was going on out here on the street?” Have you ever thought, “There is a better way to (fill in the blank) that would really work for the BPD?” Have you ever taken a concern to your FOP District Representative only to be told that your issue is not grievable or contractual? Don’t give up hope just yet! Some situations, while not eligible or appropriate for a grievance, may still be important or systemic enough that they should be brought to the attention of our Department’s leaders. As your Joint LaborManagement Committee Chair, it is under the City Administrative Manual 205-2 under, “overtime and call back work.“ It has been past practice that supervisors hold officers 4 hrs past there shift. However, supervisors Can Hold You 8 hrs passed your shift. Remember we are one blue family on the street. All we have is each other to count on for our safety and support. I do believe better days are ahead of us. Our pride, respect, and professionalism starts with each one of us. As my old Lieutenant used to say, “loyalty above all else, except honor.“ Be safe and back each other up. Fraternally, Sergeant Brian Atwood 3rd Vice President Grievance Chairman MERCHANDISE COMMITTEE my responsibility to ensure such issues do not remain unaired or unaddressed. While not all concerns – or ideas — warrant immediate and drastic action, information from members like you has resulted in changes to policy and procedure, as well as upgrades in equipment and training. Sometime ago I wrote asking if anyone was interested in coming up with some suggestions/recommendations as to what items the police personnel would like for the Merchandising Committee to purchase and/or have on hand. Forward your valid complaints, concerns or ideas to me at Bryan. [email protected], for consideration. Currently, I am in the process of ordering Under Armor clothing, and it will be available on a daily basis, Monday through Friday, for your convenience. Bryan C. England Chair, Joint Labor-Management Committee I am here to do whatever is needed to make sure the merchandise is what the membership wants and not just have it on display without moving it. Jerry Heid F.O.P. Chairman Merchandising Committee ROLLCALL 14 ® IMPORTANT NUMBERS Lodge Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 243-9141 Lodge Office (Toll Free) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-800-785-8352 Lodge Office (Fax) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 467-1643 FOP Lounge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 889-3388 Hall Rentals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (443) 528-9567 Law Firm/Legal Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 685-2022 Law Firm (Fax) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 783-4771 Stress Program (PCA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 828-6062 Job Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 396-2550 Pebco Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 484-5448 Optical Plan (City) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 396-3777 F&P Pension System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 497-7929 F&P Pension System (Toll Free) . . . . . . . . . . . . . . . . . . . . . . . . . 1-888-410-1600 Car Buyer Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 522-5000 Employee Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 396-5830 Dental Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 337-7577 BPD (Long Distance). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-800-223-2525 Signal 13 Foundation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (410) 335-1056 Web Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . www.fop3.org Email . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [email protected] f OPEN MONDAY – FRIDAY FOP #3 LOUNGE General Membership Meetings Fourth Monday of Each Month (Except December) Next Meeting September 26 7:00 p.m. 3920 Buena Vista Ave. Free Food and Drink Following the Meeting 4:00 PM – 2:00 AM LOUNGE SPECIALS: HAPPY HOUR • 4PM – 7PM: 50¢ OFF Bottled Beer and $1 OFF Liquor Drinks LADIES NIGHT • WEDNESDAYS: $1.00 OFF ALL Liquor Drinks KITCHEN SPECIALS: (All Specials are Dine-In ONLY) MONDAYS • 40¢ WINGS (Ordered in Batches of 10) WEDNESDAYS • ½ POUND BURGERS $4.95 THURSDAYS • STEAK NIGHT Hand Cut 10oz NY Strip & 2 Sides $10.95 BE SURE TO CHECK OUT OUR NEW FOOD ITEMS AND MENU JOIN US FOR KARAOKE – LAST FRIDAY OF THE MONTH HALL and/or LOUNGE ARE AVAILABLE FOR RENT CONTACT TAMI CLARK @ 443-528-9567 FOR DETAILS ROLLCALL 15 ® Fraternal Order of Police 3920 Buena Vista Avenue Baltimore, MD 21211 ROLLCALL Non-Profit Org. U.S. Postage PAID Baltimore, MD Permit No. 5209
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