OFFICIAL PUBLICATION OF THE SAN JOSE POLICE OFFICERS' ASSOCIATION
Volume 40 : No. 3 • March 2012
Pension Projections,
Lies And The Death Knell
Of Labor Relations
In San Jose
By Gregg Adam – page 14
$39,000
By Jim Unland – page 6
“Understanding Your
Sick Time Benefit”
By John Robb – page 7
­VANGUARD
Official Monthly Publication Of The
San Jose Police Officers’ Association
Copyright: All rights are reserved and no part, text, or pictures
may be reproduced without written permission. No responsibility whatever is assumed by the VANGUARD or the San Jose
Police Officers’ Association for unsolicited material. Members
or readers submitting letters to the editor are requested to observe these simple rules:
• Address letters to: The Editor,
1151 North Fourth St., San Jose, CA 95112
or Email to: [email protected]
• Unsigned letters and/or articles will not be used.
• Unsolicited articles and letters may not exceed 500 words.
• Writers are assured freedom of expression within necessary
limits of space and good taste.
• Please keep letters and/or articles legible.
• The editor reserves the right to add editor’s notes to any letters submitted if necessary.
• Deadline: 10th of each month.
The VANGUARD is the official publication of the San Jose Police Officers’ Association. However, opinions expressed in the
VANGUARD are not necessarily those of the San Jose Police
Officers’ Association, and/or the San Jose Police Department.
Check out our web site: www.sjpoa.com
The Truth Is Its Own Defense
P.O.A. Tel: 408.298.1133 or x4012 Fax: 408.298.3151
Editor:
Art Director/Publisher:
Kerry Hillis
Christopher Elliman
[email protected]
[email protected]
Office Manager/Bookkeeper: Legal Administrative Assistant:
Joanne Segovia
Betty Sousa
[email protected]
[email protected]
Administrative Assistant:
Advertising:
Maryanne Babiarz
P.O.A. Office
[email protected]
Tel. 408.298.1133
Meeting Dates For 2012:
March 6, Tuesday 0730 hrs. April 3, Tuesday 0730 hrs.
May 1, Tuesday 0730 hrs. June 5, Tuesday 0730 hrs.
July 3, Tuesday 0730 hrs. August 7, Tuesday 0730 hrs.
September 4, Tuesday 0730 hrs. October 2, Tuesday 0730 hrs.
November 6, Tuesday 0730 hrs. December 4, Tuesday 0730 hrs.
This schedule is subject to change, please contact the POA office for
confirmation of dates and times.
02
March 2012
VANGUARD
SAN JOSE POLICE
OFFICERS’ ASSOCIATION
Board Of Directors
President
V. P.
C.F.O.
Legal Council
Jim Unland
president
@sjpoa.com
John Robb
vicepresident
@sjpoa.com
Franco Vado
cfo
@sjpoa.com
Gregg Adam
Director
Director
Director
Director
Rebecca Marquez Keith Cottrell
marquez
cotrell
@sjpoa.com
@sjpoa.com
James Gonzales
gonzales
@sjpoa.com
JuanJoseVallejo
vallejo
@sjpoa.com
Director
Director
Director
Director
No picture
available
at this time
No picture
available
at this time
Ed Conover
conover
@sjpoa.com
Rick deLisser
delisser
@sjpoa.com
Glenn Baldwin
baldwin
@sjpoa.com
D. Bortolotti
bortolotti
@sjpoa.com
Director
Director
Director
Director
No picture
available
at this time
No picture
available
at this time
Howard Johnson Paul Kelly
johnson
kelly
@sjpoa.com
@sjpoa.com
VANGUARD
No picture
available
at this time
No picture
available
at this time
David Woolsey Will Becerra
woolsey
beccera
@sjpoa.com
@sjpoa.com
March 2012
03
VANGUARD
Contents:
President’s Message:
$39,000
06
Second Chair’s View:
“Understanding Your Sick Time Benefit”
07
Editor’s Dispatch:
#pensiongate
11
C.F.O.’s Report
Legal Council:
12
Pension Projections, Lies And The Death Knell
Of Labor Relations In San Jose
14
Insurance News:
Will You Be Supporting Your Parents?
– A Unique Perspective
18
Long-Term Investing:
New Year 2012: Americans Express Cautious Optimism
In Our Nation’s Economic Recovery
20
Battlefield Diary: Afghanistan
Helmand River Side Of The Kajaki Dam
ING Brief
It’s Tax Time
22
24
Home & Auto News
California Casualty Lowers Auto Insurance Rates
For SJPOA Members
Training Bulletin:
Studying Liars – Part III
25
26
Members’ Forum:
Resignation
27
Police & Fire Retirement Report:
Board Meeting
Cops’ Cop Award:
Award Nomination For Officer Michael Nasser #4053
28
29
Real Estate Prospective:
Not All banks Are Equal When It Comes To Foreclosure 30
BTS Corner:
Automated Field Reporting/Records Management
Implementation (AFR/RMS)
Reliable Informer
Financial Planning:
33
Common Questions About Financial Planning
04
March 2012
31
42
VANGUARD
Legal Defense
Fund Report
Franco Vado, LDF Administrator
Requests: 16
Approved: 15
Denied: 1
Board Representative: 14
Attorney Request: 1
This is a synopsis of LDf TrusTee acTions for
the month of January 2012. Due to an individual's right of
privacy, specific details of LDf cases cannot be revealed
by your LDf Trustees without written authorization from
the involved member.
your Legal Defense plan provides you with legal services for acts or omissions arising in the course and scope
of your employment as a san Jose police officer. Be advised that incidents which arise while you are performing
duties associated with off-duty employment are excluded
from coverage
VANGUARD
March 2012
05
Jim Unland
President’s Message
$39,000
As I write this, we are about a week
away from the June 6th Council vote
to place the Mayor’s ballot language
before the voters. As we have said before, if this is passed by the voters, the
impact on your paycheck will be immediate. We’ve done some calculating
based on a top-step officer’s salary and
tired to get you an idea of what this
measure will do to your take-home pay.
The news isn’t good.
gross salary for a top“stepTheofficer
is just under
$100,000. Taking away for retirement costs, medical costs,
and taxes, the take-home pay
is roughly $56,000.
”
creased retiree medical costs.
once the 4% unfunded liability cost have ramped up to the
50% mark, the take-home pay drops to roughly $39,000.
if you can pay your bills on $39,000 per year, more power
to you. if you can’t, you better start thinking about what
you’re going to do. the city leaders pushing this have said
that you can go into a less expensive opt-in program if you
don’t want to pay these higher costs. What they never talk
Using the latest possible langUage that calls about is that there is no alternative plan unless the iRs allows it. the iRs has not done so and our understanding is
for 4% increases, we determined the following (the numthat they will not be authorizing this. all of us will find ourbers are rough, but should give you an idea of what you
selves in this very, very costly plan. it will be a simple case
have coming your way).
the gross salary for a top-step officer is just under $100,000. of you not being able to afford to work here.
Many of you have lost your homes. this will happen to
taking away for retirement costs, medical costs, and taxes,
many more of you if this is enacted. With no iRs approval,
the take-home pay is roughly $56,000.
if the ballot is passed and implemented, the $56,000 take- the ballot does not offer any alternatives. We are continuing to lose good officers. the ones who have left are the
home pay goes down to roughly $50,000 because of inones ahead of the curve. if the Mayor’s plan is enacted, we
will see an exodus of 100’s of our finest.
about a year ago, councilmember sam liccardo was
brainstorming about how to get around the vested rights
we enjoy. he wondered aloud if we could end the employment of the city workforce and then immediately hire
everyone back under a new plan. the answer was no. but
what we may see happen is a version of that. if things get
bad enough, might we see our officers asking to quit and
be re-hired so that they can keep their home?
We’ll put out more timely information in our email
blasts when we have it.
Editor’s Note: Please send any comments to:
[email protected]
06
March 2012
VANGUARD
John Robb
Second Chair’s view
“Understanding
Your Sick Time
Benefit”
Recently there has been some discussion about increases in sick time usage
and an individual member’s rights. In
this month’s article, I want to focus on
the historical aspects of the sick time
buyout and the applicable MOA and
Duty Manual Sections that govern the
use of sick time.
Over twenty years agO, the City and POa signed
a Memorandum of agreement covering the time period from
July 9th, 1989 through July 4th of 1992. that MOa was the
first appearance of what would later be known as the, “sick
time Buyout.” the agreement was reached when Leslie
white was City Manager and Carm grande was our P.O.a.
President.
Once the contract was ratified, officers quickly saw the
benefit of accruing their sick time hours. the City also saw
the benefit as officers rarely called in sick. this allowed the
City to operate with officer staffing ratios which were considered below industry standard. these low operating ratios
allowed the City to save millions of dollars by restricting
the number of employees and the subsequent benefit costs
associated with every new hire. Public safety was not compromised because unlike other major cities, san Jose Police
Officers did not call in sick on a routine basis. this allowed
divisions throughout the police department to remain well
staffed.
recently however, City Officials have taken the position
that the sick time buyout is no longer affordable. they have
done so knowing officers have worked sick or injured for
over twenty years under a promised benefit. in a letter dated
december 7th 2011, City negotiators wrote, “Effective July 1,
2012, the sick leave payout benefit shall cease.” this initial
VANGUARD
twenty years ago, the
“CityOver
and POA signed a Mem-
orandum of Agreement covering the time period from July
9th, 1989 through July 4th of
1992. That MOA was the first
appearance of what would later be known as the, ‘Sick Time
Buyout.’ The agreement was
reached when Leslie White
was City Manager and Carm
Grande was our P.O.A. President.
”
proposal from the city while politically expedient, fails to
address several underlying issues. First, their position looks
very much like a, “Bait and switch” policy where a benefit
is promised for over twenty years and then removed after
an officer has accrued too many hours. second, the police
– continued on page 10
March 2012
07
08
March 2012
VANGUARD
VANGUARD
March 2012
09
Second Chair’s View
– continued from page 7
department staffing models do not currently account for officers calling in sick at increased rates. These increases will
result in additional overtime expenditures as command officers struggle to fully staff patrol and other divisions. Previously relied upon historical figures regarding sick time usage
will not provide a solid foundation from which to develop
new staffing models should the buyout be eliminated.
In a recent San Jose Mercury News article, dated December 5th, 2011, I read an interesting paragraph that dealt with
officers changing attitudes towards sick time usage. The author stated, “The yearlong, pronounced spike in sick time –
up an astonishing 40 percent from the year before – comes
during a stressful season of layoffs, pay cuts and talk of major
pension reform. It’s also occurring as the city is suffering
its highest level of homicides in 14 years, even as the department has been slashed to its lowest staffing level in two
decades.” “An 81 percent increase over the same period
just four years ago, when the department had hundreds
more employees.”
It should come as no surprise that employees who once
favored working sick or injured are now re-evaluating that
decision as the City is attempting to negotiate away the sick
time buyout.
So when can an officer call in sick? Sick time usage is
covered under MOA section 31 which states, in part, “Accrued sick leave may be utilized if the employee is required
to be absent from work on account of non-job related illness or injury; routine medical or dental appointments; illness in the immediate family as defined herein; or absence
of an eligible female employee due to illness, injury or disability related to pregnancy or childbirth. Immediate family
shall be limited to the eligible employee's mother, father,
spouse, Domestic Partner registered with the Human Resources
Department, child, stepfather, stepmother or step child.
The MOA also states, “Up to forty-eight (48) hours of accrued sick leave per calendar year may be utilized if the employee is required to be absent for the care related to the
illness or injury of the employee’s grandchild, brother, sister, father-in-law or mother-in-law.” (Refer to section 31 for
other allowable situations)
A second question commonly asked is, “When can my
supervisor ask for a doctor’s note?”
The Duty Manual states under section R1905, “Where a
request for the use of sick leave exceeds three (3) consecutive working days, a physician's statement stating cause or
reason for the sick leave must be secured by the employee.”
Often times we hear of a request for an employee to provide
documentation regarding an illness. This is covered under
MOA section 31.1.8 which states, “An employee may be required to furnish “Substantiation” for any absence for which
sick leave payment is requested.” The key question is what
is substantiation? It is defined as, “To support with proof or
evidence.” The MOA does not require a doctor’s note but
rather some form of proof or evidence. Such proof or evidence could be verbal; a receipt for cold or flu medicine,
even a note from your spouse stating you took care of them
while they were ill.
The main point of this article is this, if you are using sick
time in a proper manner, you cannot be disciplined. It is
unreasonable to expect that officers who formerly worked
sick or injured will continue to do so if the sick time buyout
is eliminated. Low staffing levels, an aging work force, and
increased demands on a ever shrinking police force will all
be drivers likely increasing the legitimate use of sick time.
In the past, city officials understood that significant financial savings could be wrought by incentivizing employees
not to call in sick. That concept led city negotiators to propose the sick time buyout over twenty years ago. They knew
that it would enable them to operate the Police Department
more effectively while saving millions of dollars in overtime
and new hire expenditures. It is my hope that City administrators will reconsider their current position and look for
a sustainable compromise that will be acceptable to all involved parties.
Editor’s Note: Please send any comments to John Robb
at: [email protected]
10
March 2012
VANGUARD
Kerry Hillis
Editor’s Dispatch
#pensiongate
I apologize for the late arrival of the
Vanguard this month. If you’ve been
following the local news, particularly
NBC Bay Area, you know that we’ve
been fairly busy at the POA.
gus. Interestingly, his press office – the Mercury News – has
continued to beat the war drum for reed’s pension reform
plans. recently, going so far as to call a state assemblymen
that dared question the truthfulness of the Mayor’s fabricated
numbers, a “clown.”
so here we are, reed has his pension measure on the
June ballot. rather than accepting savings presented by the
unions, the Mayor has chosen to have the courts decide
how this will play out.
Please continue to monitor your email inboxes for email
blasts from us and check ProtectsanJose.com regularly.
On February 8th, nbC bay area’s InvestIgatIve
unit broke the story that the pension estimates that the May- Editor’s Note: Please send any letters and comments
or had been shouting from the rooftops for over a year, $650 to [email protected]
million in pension payments by 2015, were completely bo-
VANGUARD
March 2012
11
Franco Vado
C.F.O.’s report
San Jose Police Officers’
Association Meeting Notes
Membership Meeting
There were two items on the agenda
for the February 7, 2012 Membership
Meeting.
President Jim Unland oPened by Playing a
media teaser from NBC Bay Area’s Investigative Report on
san Jose’s Questionable Pension math.
President Unland then introduced bob brownstein, director of policy and research for the south bay labor Council,
and former budget director for mayor susan Hammer. mr.
brownstein spoke to the members about issues related to
the City’s budget process, as well as the City Charter. He
spoke about the current climate of politics in the city. mr.
Door Prizes
Vendor:
Prize:
Myers-Stevens
& Toomey
Paul Harrison
$20 Gift Certificate Mark Huiskens
Starbucks Card
Nqui Scherry
Mass Mutual
Brian Lombardo
$30 Gift Certificate Peter Perea
Smokin’ Pig BBQ
ING Deferred Comp.
Rep. Peter Ng
$25 Gift Certificate Raul Razo
Starbucks
San Jose
Credit Union
Gina Skyllas
$25 Gift Card
Starbucks
California Casualty
Rep. Valerie Cragen
$25 Gift Certificate Greg Salas
Cheesecake Factory
Golden Harvest
Catering
John Nguyen
$50 Gift Card
Red Lobster
12
March 2012
Name:
Charles Mathis
Michael Obrien
Jim Unland opened
“byPresident
playing a media teaser from
NBC Bay Area’s Investigative
Report on San Jose’s Questionable Pension Math.
”
brownstein has been one of many people and organizations that the Poa has been consulting with over the past
few years.
President Unland advised the members that Conrad taylor
had resigned from the retirement board, and invited Conrad
up to speak. Conrad stated that he had growing concerns
on how lawsuits against the retirement board may affect his
personal financial situation. He was concerned that it could
trigger a personal credit freeze and affect his ability to purchase big ticket items. President Unland then outlined the
process for seeking a replacement for the board.
Franco Vado next covered the Poa financials and advised
the membership that after 2 months of debate at the retirement board the discount rate was lowered to 7.5% instead
of 7.25%. although this still increases the memberships retirement contribution it will save them .8%
President Unland reminded the members that the Poa
and local 230 were still in mediation with another day set
for Friday the 10th. What happens at the mediation table is
confidential and cannot be disclosed.
President Unland then announced the second annual
Cioppino Feed and action at the Poa on march 10th. all
proceeds will benefit the police Chaplaincy.
PORAC
based on a reVieW oF driVing Habits oF PoraC
members, California Casualty is able to reward you with
lower rates. the average savings is 11.35%* on top of the
PoraC-only rates.
all PoraC members are encouraged to take advantage
VANGUARD
Gregg McLean Adam
Legal Council
Pension Projections, Lies And
The Death Knell
Of Labor Relations In San Jose
In last month’s column, I lamented the
seemingly inescapable road to litigation
over the Mayor’s pension ballot measure. But that path took a deeply troubling detour in the last few weeks as the
City has become embroiled in a storm
over what appears to be the uncovering
of a deliberate effort by City officials
to overstate the true extent of the City’s
pension cost projections.
is a glimmer of hope
“to Ifallthere
this sordid stuff, it is that
as the cost estimates continue
to drop, and if battered egos
and politics can be put aside
by the City, more reasoned
pension cost scenarios can be
achieved if there is a meaningful effort to do so collaboratively.
”
ber and the wails of fiscal emergency died with them.
But wherever this conduct of city officials ultimately falls
on the spectrum of truthfulness, there is a serious cost to
such chicanery. Decent labor relations are founded upon
dialogue, candor and truth. The media revelations that continue to swirl suggest each has fallen victim to the Mayor’s
political agenda. Unfortunately, decent labor relations in
this City will suffer for a long time to come. I am reminded
of my dealings with the Schwarzenegger Administration at
the State level. Labor relations got so bad that even The Sacramento Bee – a persistent labor union critic – described
OF COUrSe, THe PreCUrSOr TO THe BALLOT MeAS- relations as “poisonous.” Unfortunately San Jose, at this
ure was supposed to be – in the City’s scheme of things –
point in time, is in no better state.
a declaration of fiscal emergency. This “strawman” was to
If there is a glimmer of hope to all this sordid stuff, it is
be the foundation of the City’s legal argument: that a court that as the cost estimates continue to drop, and if battered
should set aside basic constitutional principles, and the City’s egos and politics can be put aside by the City, more rearetirement promises to its employees, because of the City’s soned pension cost scenarios can be achieved if there is a
fiscal state. And in recent weeks it has become clear just how meaningful effort to do so collaboratively.
desperate the City was to tee-up that argument. A speculaAnd if one uplifting thing did come out of it all, it was the
tive, “off the top of the head” $650 million figure met the
tremendous sense of solidarity that came out of the HercuCity’s agenda. So it was no surprise that Mr. Crosby’s warn- lean efforts of the POA and some of the other city unions
ings not to use $650 million apparently were ignored, and to get 800 city employee signatures on an ethics complaint
$650 million was used unsparingly to convey the percep- on the morning of February 9. Milling around the POA’s
tion of an emergency.
building that day, one was struck – and enormously heartFortunately, real actuarial projections – as opposed to fig- ened – by a definite sense of a coming together to meet
ures plucked from thin air – were produced in late Novem- the challenges ahead.
14
March 2012
VANGUARD
Waiving POBRA's Protections
In Lanigan v. City of Los angeLes, a CalIfornIa
appeals court recently ruled that peace officers can waive
PoBra's protections in the context of a settlement of a
pending disciplinary action. In a prior disciplinary proceeding, the officer, facing a recommendation of termination, and in return for a reduction in the penalty to a 22-day
suspension, agreed to resign if similar misconduct charges
were upheld in the future and give up his right to pursue
an administrative appeal.
When subsequent conduct also resulted in a recommendation of termination, the City immediately invoked its right
under the prior settlement to terminate the officer without
any PoBra hearing. The officer sued alleging that the settlement agreement was an impermissible waiver of PoBra
rights and unconscionable. The trial court agreed, relying
on a prior similar case involving the rights of a professor
under the Education Code.
But the Court of appeal reversed. It concluded that prior
PoBra cases established “the principle that peace officers
protected by PoBra may waive those protections when
faced with disciplinary proceedings, provided that any settlement is a voluntary and knowing act done with sufficient
awareness of the relevant circumstances and likely consequences.”
and looking at the facts before it, the Court found that the
officer knew, and indeed enjoyed, the consequences, through
continued employment and control over his own future conduct. In the Court’s view, the officer never sought to void
the settlement as he continued working, only when he triggered the condition requiring him to resign.
So PoBra rights can be waived, under certain circumstances. But any officer considering doing so should seek
legal advice beforehand.
Editor’s Note: To contact Gregg McLean Adam,
email: [email protected]
VANGUARD
March 2012
15
16
March 2012
VANGUARD
VANGUARD
March 2012
17
Marc F. Derendinger
Insurance news
Will You Be Supporting Your Parents? – A Unique
Perspective
Do you know of any family friends with
a live-in parent? Are you one of those
lucky people? Well God Bless you! Are
they now or in the near future physically
or financially dependent upon you?
POA members and their
“spouses,
partners, parents and
in-laws and for the first time,
adult children, are eligible to
apply for long-term care protection. Application approval
is not guaranteed, however if
a policy is issued it is guaranteed renewable for life, even
during retirement.
”
these are challenging questions. one solution is to place
a larger amount of savings (yours or your parents’) in a lumpConsider a sCenario where something unex- sum long-term care insurance policy. this type of policy
pectedly happened to you or your spouse: how would the takes advantage of recent changes in the tax code to effielderly parents get by, could they stay in your help? a real ciently distribute unused dollars back to the heirs, while
twist to this picture is…if you suffer a surprise “cardiac event,” providing extra insurance protection at inexpensive rates.
then could they provide care or financial assistance to you? think of it as a Cd account with a layer of life insurance
a co-worker asked me this question last month and i have and long-term care insurance thrown in for good measure.
to admit that i had never considered it before this moment. the Pension Protection act has created some thought-proso, is it more appropriate to insure your parent for long-term voking solutions.
the following is some additional information to help you
care insurance or to place the insurance on yourself?
and your family plan:
Frequently Asked Questions
About Our Long-Term Care
Insurance Program
Q: what is the difference between the Long-term Care plan
and sJPoa’s Long-term disability plan (through PoraC)?
a: the Long-term disability (Ltd) plan insures your “paycheck” but coverage ceases when you retire. alternatively,
the Long-term Care (LtC) plan allows you to enroll as a Poa
member (when rates are cheaper) and then continue the
plan as a retiree. also, once you are accepted, your plan
can never be taken away unless you choose to discontinue
it or reduce coverage. what does it cover? Long-term Care
protection focuses on protecting your personal savings/in-
18
March 2012
VANGUARD
vestments and your monthly pension payments from an
unexpected health event, i.e., an expensive medical event,
which may not be covered or reimbursed under the City’s
Health plans.
Q: Do I really need this? What are my chances of using
this insurance policy?
A: The U.S. Department of Health and Human Services
provides the following warning notice on their website
(http://www.longtermcare.gov): “…at least 70 percent of
people over age 65 will require some long-term care services at some point in their lives. And, contrary to what
many people believe, Medicare and private health insurance programs do not pay for the majority of long-term
care services that most people need - help with personal
care such as dressing or using the bathroom independently“ (U.S. Department of Health and Human Services).
Q: Is it true that the Pension Protection Act created a special tax deduction for retired police officers?
A: Yes, Section 845 of the PPA of 2006 provides tax relief
to eligible retired public safety officers (and their spouses)
that use distributions received from governmental plans to
pay for health and long-term care insurance. It provides an
exclusion from gross income up to $3,000 annually, provided your insurance premiums are deducted from your
pension check and paid directly to the insurer. Please see
your tax advisor for additional information.
Q: Who is eligible to enroll?
A: POA members and their spouses, partners, parents and
in-laws and for the first time, adult children, are eligible to
apply for long-term care protection. Application approval
is not guaranteed, however if a policy is issued it is guaranteed renewable for life, even during retirement.
Q: I am relatively young, so why is Long-term Care protection important to me now?
A: You may wish to consider enrolling your parents, to help
protect against a forced early retirement in order to care for
VANGUARD
a sick parent. Without protection, you risk losing valuable
pension years and other employee benefits. The opposite
is true as well: if your parents live with you, they dependent on your physical and financial health to ensure their
future. Consider adding insurance protection on you and
your spouse, to help protect the rest of your family members.
Be creative, enlist your brothers and sisters to help share
the premium cost of adding parents to the plan. Make sure
you are covered with the new Critical Illness plan, as it helps
supplement long-term care benefits during the first 90 days.
Q: How do I request enrollment information and rates?
A: To get the lowest prices possible, contact us at 408.252.
7300 or [email protected] before the next family
birthday!
Editor’s Note: Marc Derendinger is our SJPOA Insurance Broker and helped the City of San Jose establish
its first-ever voluntary long-term care plan in 2001. In
addition to serving as an advisor to the State of California DHCS California Partnership for Long-term
Care, Marc offers free assistance to SJPOA members at
408.252.7300 x27 or email at [email protected].
March 2012
19
Edwin K. Stephens
Long-Term Investing
New Year 2012: Americans Express
Cautious Optimism In Our Nation’s
Economic Recovery
It is a good thing to learn caution
by the misfortunes of other.
– Syrus
An optimist sees an opportunity in
every calamity; a pessimist sees a
calamity in every opportunity.
– Anonymous
Is the United States economy showing signs of recovery for the 23.7
million Americans that are either
out of work or underemployed?
Answer: Yes. There is cautious optimism
in the recent better-than-expected U.S.
data that has highlighted a contrast
between the recovery in the world’s biggest economy and Europe, where the
economy is widely believed to be contracting.
second and third years in office. In october 2009, unemployment was 10 percent, although in December 2011, it
had eased to 8.5 percent. an improving trajectory in unemployment came just in time to assist president ronald
reagan’s re-election in 1984; however, the question for
president obama is whether the recent gains will continue,
and will those gains be robust.
on 1/07/12, ms. Lucia mutikani, a business writer for
reuters noted the united States employment growth accelerated in December, 2011. and, the jobless rate dropped
to a near three-year low of 8.5 percent, the strongest evidence yet that the economic recovery is gaining steam.
ms. Diane Swonk, chief economist at mesirow Financial
in Chicago said, “the labor market is healing; but we still
have a long way to go to recoup the losses we have endured.
We may be close to a tipping point where gains can become more self-feeding.” the Labor Department noted that
the unseasonably mild weather in December helped fuel a
hefty gain in construction employment. and, courier jobs
also rose sharply, a move the Labor Department pinned on
strong online shopping for the holiday season.
Private Sector Creating Jobs
mS. LuCIa mutIkanI oF reuterS StateD that For
all of 2011, the private sector added 1.9 million jobs, while
government employment fell 280,000. a measure of the
share of industries that showed job gains during the month
rebounded to a five-month high in December after diving
In January 2009, the Labor Department noteD in november.
that unemployment was 7.8 percent when president barack
Construction payrolls increased 17,000 after falling
obama took office.
12,000 in november as mild weather had boosted ground
the state of the united States economy during the current breaking for new homes. transportation and warehousing
year will play a critical role in president barack obama’s
employment jumped 52,000. however, the bulk of the rise
re-election. president obama has governed during the worst came from the messenger industry, which added 42,000
economic slump since the Great Depression, with unemjobs, reflecting an increase in deliveries of online purchases
ployment averaging 9.3, 9.6, and 9 percent during his first, made during the holiday season.
Encouraging
U.S. Economic Data
20
March 2012
VANGUARD
Manufacturing jobs rose 23,000, the largest increase since
July. Factory employment rose 225,000 last year, sustaining
gains for the first time since 1997.
On 12/29/11, Mr. Christopher S. Rugaber, Associated Press
Economics Writer noted that the long-suffering job market
was ending 2011 better off than it began. Mr. Rugaber said
that factory output was rising, and business owners say they
are more optimistic about hiring and consumer confidence
had jumped to its highest level since April. And, even the
beleaguered housing market was looking slightly better. The
good news is that most analysts now say another recession
is unlikely.
Mr. Michael Gapen, an economist at Barclays Capital stated, “The recovery in the labor market is maintaining momentum.” Analysts say the economy likely grew at an annual rate of 3 percent or more in the final three months of
2011. That would top the 1.8 percent growth rate in JulySeptember quarter, and the 0.09 percent growth rate in the
first half of the year.
Economist Gapen noted employers added an average of
143,000 net jobs a month from September through November. Mr. Gapen said that is almost double the pace for
the previous three months.
Michael Gapen said 2012 is expected to be even better
for hiring. The Associated Press surveyed 36 economists in
December 2011 who said they expect the economy to generate an average of about 175,000 jobs per month in 2012.
That is almost double the pace for the previous three months,
but not as high as job growth in the first quarter of the year.
More small businesses plan to hire than at any time in three
years, a trade group said in December 2011. And, a separate private-sector survey found more companies are planning to add workers in the first quarter of 2012 than at any
time since 2008.
and overall growth.
In 2011, when automakers report u.S. sales of new cars
and trucks are final it is expected to reach 12.7 million, up
from 11.5 million in 2010 and 10.4 million in 2009, the
worst year since 1982. In 2012, automobile sales could
climb as high as 13.8 million, close to what experts consider a healthy market – around 14 million cars sold.
Mr. Jeff Schuster, senior vice president of forecasting for
lMC Automotive, an automotive consulting company in
Troy, Michigan said that the momentum in auto sales is
likely to continue because people need to replace aging
cars. The average American car is now 11 years old. During
the summer, the auto industry was adding jobs at a faster
pace than airplane manufacturers, shipbuilders, health care
providers and the federal government. The automotive industry kept adding jobs even when the national unemployment rate rose above 9 percent.
united States auto sales peaked at 17 million in 2005,
when Detroit’s automakers were much bigger and overproduced cars that they were forced to discount heavily.
Sales could eventually reach that level again around 2018,
Mr. Schuster said because of 70 million so-called millennials born between 1981 and 2000 who need to set up
households and buy cars.
Americans Cautious Optimism
ON 1/01/12, MS. DAMlA ERGuN OF ABC NEWS NOted that three-quarters of adults in the latest ABC News/
Washington Post poll held a favorable view of what the new
year had in store for them. Over 55 percent of those polled
had an optimistic view of the country’s year ahead in 2012.
In terms of personal outlooks, better-off Americans held the
most favorable views of their own prospects in 2012 – 86
percent positive. But it is a respectable 72 percent among
people with household incomes less than $50,000 a year,
and even 61 percent among the least well-off, those with
household incomes less than $15,000 a year.
It is apparent that the Great Recession of 2007 and its official
ending in 2010 had a lasting effect on the psyche of
IN 2009, DETROIT AuTOMAkERS WERE IN PERIl. CAR
sales plunged as unemployment soared, and loans became the American public. But Americans are a resilient group
harder to get. Chrysler and General Motors filed for bank- of people. And, in 2012 that resilience is expressed in the
ruptcy protection. Ford avoided bankruptcy only by borrow- cautious optimism that Americans have in their personal
ing billions. After hitting a 30-year low in 2009, u.S. auto character and in the growth of the united States economy.
For more sound investment advice, visit Edwin Stephens’ web
sales are poised for a second straight year of growth – the
result of easier credit, low interest rates and pent-up demand site at www.policeone.com/columnists/Edwin-Stephens/
Securities transactions through McClurg Captial Corporafor cars and trucks created by the Great Recession.
Mr. Tom krisher, Associated Press Auto Writer noted the tion. Member FINRA and SIPC.
sales forecast bodes well for the industry’s continued recovery and for the broader American economy. Mr. krisher Editor’s Note: For more sound investment advice, visit
said now credit is more available, interest rates are low and Edwin Stephens’ web site, at www.policeone.com/
columnists/Edwin-Stephens/. Securities transacAmericans need to replace old cars and trucks they kept
tions through McClurg Capital Corporation. Member
during and after the downturn. Also, millions of drivers in
FINRA and SIPC.
their teens and 20s are expected to buy vehicles. This potential increase could mean more jobs, more factory shifts
United States
Auto Industry Improves
VANGUARD
March 2012
21
Sgt. Major Steven Rice
Battlefield Diary: Afghanistan
Helmand River Side Of The Kajaki Dam.
d
Me and my PSD at OP Athens…the Kajaki lake is behind us.
22
March 2012
VANGUARD
Sunrise.
Note: If any of you have other friends or family deployed
overseas, I encourage you to contact them and submit
their pictures, emails etc. to the Vanguard. Even with
the difficult times we are experiencing here at SJPD, I
believe that it is important that we do not forget those
military members serving away from their families.
Editor’s Note: Sgt. Major Steve Rice can be reached at:
O: 910.451.4412 BB: 910.265.9801
nipr: [email protected]
sipr: [email protected]
VANGUARD
March 2012
23
Gary Bozin
ING Brief
It’s Tax Time
While some enjoy the month of April,
simply put – others don’t! Maybe you’ve
already received – or are waiting for – a
refund check from the federal government.
Or, maybe you’re on the flip slide and
you’re waiting until the last minute to
write a check to the federal government.
IF YOu’Re ANTICIPATING A ReFuND CheCk, hAve
you considered what you might do with that money? Or, if
you’re writing a check – have you considered what you can
do in the coming year to change your fate for next year?
Need some ideas? here are some important things to think
about:
Refunders: Take time to consider how you’re going to use
your tax refund. While another two inches on your Flat
Screen might have strong immediate appeal; consider the
potential impact tax-deferred investing might have for you
at retirement. Consider increasing your contributions to
your San Jose Deferred Compensation Plan account, up to
the IRS limit of $17,000 this year and more if you are close
to retirement.
Check-writers: When planning for next year’s tax season,
you might consider increasing your deferred compensation
plan contributions up to the IRS limits. Why? This would
If you’re anticipating a re“fund
check, have you consid-
ered what you might do with
that money? Or, if you’re writing a check – have you considered what you can do in the
coming year to change your
fate for next year?
”
allow you to reduce your current taxable income and offer
the potential for tax-deferred growth on your contributions
and any earnings.
Remember, there is no assurance that increasing contributions will generate investment success. The tax-deferred
investment will be subject to taxes upon withdrawal. Systematic investing does not ensure a profit nor guarantee
against loss. Investors should consider their financial ability to continue investing consistently in up as well as down
markets.
Regardless of your tax scenario, take this opportunity to
think about your long-term financial objectives. Contact your
local ING representative at 408.881.0110 for assistance.
You should consider the investment objectives, risks, and
charges and expenses of the investment company carefully
before investing. Prospectuses containing this and other
important information about the investment company can
be obtained by contact your local ING representative. Please
read the information carefully before investing.
Neither ING or its affiliated companies or representatives
offer legal or tax advice. Consult with your tax and legal
advisors regarding your individual situation. For more information about products and services available from the
ING Family of Companies, contact your local ING representative.
Securities are distributed by ING Financial Advisers, LLC
(Member SIPC), One Orange Way, Windsor, CT 060954774, or through other Broker-Dealers with which ING
has a selling agreement. C11-0111-026 (1/11)
Editor’s Note: Please call Peter Ng, your ING Representative, if you would like assistance in reviewing
your account. Peter can be reached at 408.386.6061
24
March 2012
VANGUARD
Valerie Cregan
Home & Auto News
California Casualty Lowers Auto
Insurance Rates
For SJPOA Members
Beginning January 1, 2012, California
Casualty auto insurance rates will be
reduced up to 11.35 percent for SJPOA
members, depending on coverages selected. New 2012 policies will incorporate the lower rates immediately; existing customers will receive the reduction
at their policy renewal date.
CaliforNia Casualty based the deCrease oN
members’ good driving experiences, as well as its commitment to provide competitively priced, exclusive and custom-tailored benefits for peace officers.
some of the unique benefits include:
• $500 coverage for personal property damaged in a collision or fire, or stolen from the vehicle. this applies to
off-duty weapons and uniforms, if the insured does not
receive a clothing allowance.
• $2,000 coverage for pickup or van custom furnishings
or equipment.
• reduced deductibles for collision or vandalism while
parked near employment facility or volunteering as a
public safety professional.
• exclusive fallen officer survivor benefit.
in addition to great rates, California Casualty is heralded
for its above-and-beyond customer service. surveys show
VANGUARD
In addition to great rates,
“California
Casualty is herald-
ed for its above-and-beyond
customer service. Surveys
show that 99.6 percent of customers would recommend the
company to a co-worker.
”
that 99.6 percent of customers would recommend the company to a co-worker. among claims survey respondents, 95
percent were satisfied with their experience.
California Casualty is a family owned, almost 100-yearold company providing auto and home insurance exclusively to law enforcement, fire fighters, nurses and educators
in 44 states. learn more at www.calcas.com/vcregan
Editor’s Note: This article provided by your SJPOA
auto and home insurance program; California Casualty.
If you would like to receive your free, personalized policy review or have a question regarding an existing policy please call our service center toll free at:
1.888.532.6994 today!
March 2012
25
Paul Francois & Enrique Garcia
Third Degree Communications:
Training Bulletin
Studying Liars
– Part III
In Parts I and II of this series, we examined some of the more common verbal indicators of deception we see in
subjects. Remember, this list is by no
means exhaustive. It merely represents
some of the things we see more often in
people. Now, let’s turn our attention to
some of the more common non-verbal
indicators of deception we encounter.
from side to side, lift his buttocks up out of the chair temporarily, cross or uncross his arms, begin tapping his fingers
on the table, and/or reach back and scratch his shoulder.
Any of these movements, and there are plenty more, suggest a nervous energy being released from the subject while
answering (or avoiding) the question.
Non-Verbal Denial Only
you Ask the suBject A direct And pointed
question and his only response is to shake his head from
side to side with no verbal indication of denial at all. this
subject lacks the confidence to deny directly and adamantly.
this is not how the truthful person typically denies.
Hand To Face Gestures
the deceptive suBject will often engAge in
hand to face gestures that reveal what he is really thinking:
• hand to nose – can’t stand the smell of his own lies.
• hand to eyes – i don’t want to be here right now, this
is stressful.
• hand to ears – i don’t want to hear what you are saying to me.
• hand to mouth – be careful what you say, don’t let the
As we stAted eArlier, the eAsiest pArt of the lie
truth slip out
to control is the verbal content, what the subject actually
hand to face gestures, like any deceptive indicator, must
says. it is much more difficult for the deceptive subject to
conceal his stress in the non-verbal indicators he reveals to be clearly evaluated in light of the subject’s baseline behavus. the anxiety of getting caught in the lie will build in the iors. A lady at a party might nervously play with her earring,
subject over time and will need to be released in some man- but it is not grounds to dismiss everything she says as a lie.
ner. one of the most common ways for the deceptive sub- it might be her custom and habit. these indicators will likely
ject to rid himself of this negative energy is through muscle recede over time spent in the interview room as the subject
becomes more comfortable with the professional interviewer.
movement.
Non-Verbal Indicators
Anchor Movements
As you Are seAted, you Are “Anchored” in position by your feet/legs, hips/buttocks, and elbows/arms. when
a subject is under stress, as he is likely to be when faced
with an interviewer who might uncover his deception, he
will react to threatening questions by exhibiting muscle
movement that reveals his stress. for purposes of this example, let’s use a particularly pointed question like, “did
you break into the safe at third degree communications?”
A deceptive subject will often exhibit an anchor movement
as he answers this question, and within 3-5 seconds of this
stimulus will do one or more of the following: cross his legs
(or uncross them), tap his foot, slide one leg out in front of
his body, adjust his buttocks in the chair, swivel the chair
26
March 2012
Wringing Hands
the deceptive suBject will often unconsciously
wring his hands, folded or not, to disseminate negative energy that is building up in him. the working back and
forth of the hands in a wringing fashion alleviates this pent
up negative energy.
Escapism
under intense stress, the deceptive suBject mAy
engage in something called “escapism.” he will lean his
head back, scoot his chair back, or shield his eyes with either his hands, arm, or a hat. this subject is trying to put
– continued on next page
VANGUARD
Opinions + Comments
Members’ forum
that the retirement system and the city are facing.
as we all are aware, the City has chosen to push forward
a ballot measure which will have severe consequences to
members in the retirement plan and which will undoubtedly be challenged in the courts.
i am resigning because of the potential lawsuits the board
may be facing in the near future, due to the pension plan
ballot measure created by the city and the possible, even
probable, illegalities within the ballot measure. it is a reaMr. Sean Kaldor
sonably foreseeable consequence that trustees of the retirement board themselves may be included in this lawsuit
Chairman
and such inclusion as a litigant would have a devastating
San Jose Police and Fire
impact on the personal finances, not the least of which is
Retirement Plan
the potential freezing of one’s personal credit, of the plan
trustees, particularly considering that we do not, at this
1737 North First Street, Suite 500
time, have an established legal defense fund.
San Jose, CA 95112
My family responsibilities compel me then to resign from
the board, a position from which i was an unpaid volunteer,
RegRetfully, and with a deep sense of sadness but i do so with a heavy heart.
sincerely,
and distress, i am compelled by recent events, to tender my
resignation as a trustee of the police and fire retirement plan,
– Conrad Taylor
effective february 3, 2011.
cc: Members, police and fire board
it has been an honor to serve the membership, plan parRussell Crosby, director Retirement services
ticipants and the community in this capacity and i have enjoyed and appreciated working with the members and
Note: Opinions expressed in Members’ Forum are not
trustees of the board; and with the support staff; and with
necessarily those of the San Jose Police Officers’ Associayou. i respect each and every one of you and i know, from
tion or the San Jose Police Department.
the bottom of my heart, that there is no finer group of people who are better suited to confront the many challenges
Conrad Taylor
Resignation
distance between himself and the interviewer. the pressure
is too intense for him to withstand and he psychologically
withdraws in order to protect himself.
when he is telling the truth. we must look for deviations
from his baseline during our questioning. successful interviewers take the information that they’ve learned from deceptive subjects, and elicit truthful statements from them –
in fact, Nothing But the Truth! this is just a portion of the
this is the label we have given to the postuRe information we cover on detecting deception in our 3 day
that indicates to the interviewer that the subject has given post Certified Course on interviewing and interrogation.
for more information, or to register online, please visit us
up and resigned himself to defeat. the defeatist posture is
comprised of hanging the head, slumping the body forward on the web at: www.tdcorg.com.
and downward, and is very often accompanied by crying.
for a free copy of our personal history Questionnaire and
when the subject does this, you have said and done things other forms we use, please email us at: [email protected].
correctly and it is now time to move in for the first admission. the subject is telegraphing to you that he is ready to
Editor’s Note: This article was presented by The Prinsuccumb.
cipals of Third Degree Communications, Paul Francois
Remember that the skilled interviewer neveR hangs his and Enrique Garcia. Third Degree offers SJPD Officers
hat on just one or two questions. we must cumulatively
HALF-OFF tuition for all classes. Tel. 866.766.7575
evaluate the subject’s responses as a whole to come to an Email. info@ tdcorg.com or visit www.tdcorg.com
informed decision about culpability. we must also be
mindful to clearly ascertain the subject’s baseline behavior
Defeatist Posture
VANGUARD
March 2012
27
David ‘Baci’ Bacigalupi
Police&Fire retirementreport
Board Meeting
Chairman Sean Kaldor called the meeting to order at 8:36 AM on January 5,
2012 in the City Hall Council West Wing
Room118/119 with Boardmembers
Sean Bill, Damon Kryzter, Drew Lanza,
Elizabeth Rounds, Vice Chairman
Richard Santos, Vincent Sunzeri, and
Conrad Taylor present. Boardmember
David Bacigalupi attended via teleconference.
The Police deParTmenT did noT have any retirements this month.
The Board granted (9-0-0) a change of retirement date
to: deputy Police chief david cavallaro from december
10, 2011 to december 24, 2011.
The Board approved (9-0-0) the requests to rescind the
Service retirements to: Police captain larry esquivel, approved for January 21, 2012.
in other business, the chief investment officer gave an
update on investments. cheiron, the Board's actuary, gave
the Board and educational presentation regarding changes
to GaSB reporting requirements, which will mostly affect
The Board discussed the per“sonal
impact on credit, etc., as
a result of any lawsuit for unlawful benefit changes. Further information was requested and
will be ready for the Board's
retreat on March 7th.
”
the city and not the Plan. The Board discussed issues of its
Fiduciary insurance, including coverage, terms and conditions, and impact to Boardmembers as raised by Trustee
conrad Taylor. The Board discussed the personal impact
on credit, etc., as a result of any lawsuit for unlawful benefit changes. Further information was requested and will be
ready for the Board's retreat on march 7th.
The Board then had a lengthy discussion about cheiron's
actuarial valuation report, including the assumed discount
for rate for fiscal year 2012-2013. The Board approved (54-0) (no- Bill, Kryzter, lanza, Sunzeri) keeping the discount
rate at the lowered 7.5% rather than dropping it to 7.25%
as also discussed. The Board approved (9-0-0) cheiron's
allocation methodology for valuation of administrative expenses, allocation for valuation of reciprocity costs, and
assumptions for other Post employment Benefits Plan
(oPeB) actuarial assumptions.
The Board received updates on the Trustees' role on vested
benefits; legal Services rFP; Payroll audit and FlSa overtime payments; and Staff Salary issues with the city manager. The Board was updated on the ordinance working its
way through the council to allow for the retirees association dues deduction increase.
The meeting was adjourned at 1:13 Pm.
additional details on this or other meetings are available
on the retirement Board’s website: www.sjretirement.com
/PF/meetings/agendas.asp or go to: http://sanjose.granicus.
com/viewpublisher.php?view_id=42 where you can watch
a video of the meeting.
Editor’s Note: If you have any questions on these matters, do not hesitate to contact me at [email protected]
28
March 2012
VANGUARD
VANGUARD
March 2012
29
Karen Nelsen
Real Estate Perspective
Not All Banks
Are Equal When
It Comes To Foreclosure!
report just released from
“theANational
Consumer Law
Center indicates Mortgage
servicers have found it beneficial to foreclose on homeowners rather than offer loan
modifications.
”
Not All Banks Are Equal!
A servicer deciding between a foreclosure and a loan modification faces the prospect of near certain loss if the loan is
NEw REPoRT INdICATES SERvICERS hAvE INCENTIvE modified, and no penalty, but potential profit, if the home
to Foreclose!
is foreclosed."
A report just released from the National Consumer Law
In closing the Report provided for Reforms and Actions
Center indicates Mortgage servicers have found it beneficial steps. In the following excerpt, the report stated, recomto foreclose on homeowners rather than offer loan modifi- mended reforms: Thompson said: "The people who could
cations.
change the way servicers are doing business – Congress,
In the NCLC report author diane E. Thompson, an attor- the Administration, and the Securities and Exchange Comney with NCLC, said, "The country is in the midst of a fore- mission, and the market participants who set the terms of
closure crisis of unprecedented proportions. Millions of
engagement, i.e., the credit rating agencies and bond infamilies have lost their homes and millions more are exsurers, have failed to provide servicers with the necessary
pected to lose their homes in the next few years. with home incentives to reduce foreclosures and increase loan modivalues plummeting and layoffs common, homeowners are fications."
crumbling under the weight of mortgages that were at best
Basically, until "true reforms" are made to the system, Mortonly marginally affordable when made. one common sense gage Servicers will continue to be profit motivated and unsolution to the foreclosure crisis is to modify the loan terms witting homeowners will pay the price!
in more instances. Foreclosures are a costly ordeal for the
If you face foreclosure and have exhausted other options
homeowner, the lender, and the community. Yet they con- a short sale may be the best avenue to minimize the finantinue to outstrip loan modifications because servicers have cial damage to your credit and allow you to begin to rebuild
no incentive to help borrowers stay in their homes."
from a more solid foundation. A short sale is when the lender
Loan servicers collect payments and "service" mortgages approves the sale of the home for less than what the debtor
on behalf of Banks and Lenders. The servicers are also in
owes on the loan. Short Sales can be a complex transaction
charge of modifying distressed loans or processing a foreand homeowners should always seek the advice of a comclosure. homeowners seeking to "save" their homes via loan
petent professional in this area of real estate transactions.
modification or sell via a short sale usually deal with the
If you have any questions or wish to discuss your own
Bank's loan servicer.
It has been discovered that these servicers have financial situation, please feel free contact me. I am always available
incentives which encourage them to ignore interests of the to talk with you and help you any way I can.
homeowner and deny principal reductions or interest rate
adjustments because it's more profitable to offer repayment Note: For more information or if you have any questions,
please feel free to email me. I will be more than happy
options or forbearance agreements (which just moves the
to help without any obligation to you. I have successunpaid balance to the end of the loan) and fails to ease a
fully negotiated and closed well over a hundred short
homeowner's debt.
sales. Send me an email at: [email protected]
The NCLC report also states, As the NCLC report notes:
"Loan modifications inevitably cost the servicer something.
30
March 2012
VANGUARD
Sgt. Randy Schriefer, #3540
B.T.S. Corner
Automated Field
Reporting/Records Management
Implementation
(AFR/RMS)
In July 2011, Lt. John Vanek introduced
the Department to the new AFR/RMS
project. This project began in November of 2006 when the Department initiated several studies on the benefits of
a new system and underwent an extensive selection process. In November 2009,
the Department assembled an implementation Team of 28 members from
throughout the Department. This team
evaluated eight proposals from potential vendors, conducted site visits with
similar sized departments that have
“gone automated” and hosted demonstrations with vendors. In August 2010,
the top two vendors conducted an open
house for all Department members to
get a hands-on demonstration of their
respective products. After a detailed selection process by Department members,
Versaterm, Inc., was selected; largely
in part as a result of their successes in
other large departments such as Sacramento PD, Anahiem PD, Denver PD,
VANGUARD
Seattle PD, Salt Lake City PD, Phoenix
PD, Tampa PD, Vancouver PD and the
Royal Canadian Mounted Police.
Within Versaterm’s softWare, knoWn as Versadex, a report will be electronically sent through channels
to its Boi destination – directly from the patrol car. officers
will have access to enhanced investigative resources, in the
field, and in nearly real time. the afr/rms training and
deployment timeline is set to begin in april, starting with
rms, which will be provided to Boi, ossD and Communications. the automated field report training will then be
rolled out in august to Bfo and special operations.
one of the Department’s main goals is to provide officers
an efficient way to collect and manage information. Currently, most Units have developed their own data collection
and tracking programs. the goal of the new afr / rms implementation is to have one centralized data base; one that
eliminates all the different systems used by individual Units –
a one stop shop where every Unit can manage, browse and
query case information.
the fact that data is being collected electronically does
not mean that the Department will be “paperless.” to the
extent possible, the many different forms we use will be
incorporated into the fields within the afr/rms to reduce
what you have to input. there are some forms that require
immediate distribution or the collection of signatures that
simply cannot be automated (ChP-202, DV supplemental
report, JCr and ChP-180 are just a few). these forms, when
submitted, will be scanned by ossD personnel and at– continued on page 32
March 2012
31
B.T.S. Corner
– continued from page 31
tached to the report electronically.
We understand this project will impact every aspect of
our Department and will require many changes to our current business processes, at every level, including civilian
personnel, dispatchers, records and sworn personnel, of all
ranks. Many good questions have been brought to our attention lately and we continue to welcome innovative ideas.
Some have asked why our incident reports were changed
from the “Form 2” to the new “General Offense Report
(GO).” The creation of these forms was not taken lightly.
We consulted with representatives from many Units in our
Department, our partner law enforcement agencies, and
other Versaterm users. The real benefit to this change will
come this August when we begin training on the new report entry into the Mobile Digital Terminal. The flow of information from the new “GO” reports will follow the flow
of data entry you put into the computer, thus making learning the new system easier. The hard copy “GO” report forms
will eventually go away and only be used when an incident
report is needed at a pay job.
Construction on Classroom #5 at the 4th St. Training Center is almost complete and will accommodate 30 students
per class while an additional 16 students can be trained in
Classroom #4, simultaneously. The majority of users will
receive 40 hours of training. We are working with the BFO
Administrative Unit to see that our training agendas meet
the needs of patrol and officers’ schedules alike. Because
the project must be completed by June 30, 2013, we will
be training non-stop to see that every user receives the
necessary hands-on training.
There is no doubt the changes required to implement this
system will be challenging. It will take time and commitment to regular training to fine tune the system. Our goal is
to bring you comprehensive training so you are confident
in your ability to complete your daily work endeavors. We
welcome your input and feedback and encourage you to
stop by the Vice office for one-on-one demonstrations.
Stay safe!
VANGUARD
To Advertise,
contact the POA Office at:
Tel. 408.298.1133
32
March 2012
VANGUARD
Lance Bayer
Reliable Informer
In this month’s issue of The Reliable Informer, I will
cover three cases, two decided by the United States
Supreme Court and one decided by the California
Court of Appeal. These cases look at the law related
to search by use of a global positioning system, entry
of a residence, and custodial interrogation.
Warrantless Use Of A
Global-Positioning System To Monitor And
Track A Motor Vehicle
Violates The Vehicle
Owner’s Constitutional
Rights
Based in part on the infor“mation
obtained from the GPS
device, Jones was indicted and
was charged in federal court
with conspiracy to distribute
and with possession with intent to distribute five kilograms
or more of cocaine and 50 grams
or more of cocaine base.
”
tap covering Jones’ cell phone.
Based in part on the information obtained from their investigation, officers applied for a warrant to install an electronic tracking device on a vehicle registered to Jones’ wife.
A warrant was issued, which permitted the installation of
the device within 10 days of the issuance of the warrant
and only within the District of Columbia. The search warexpired before it could be executed.
When peace officers wish to know the rant
On the 11th day after the issuance of the warrant, and
whereabouts of a particular motor ve- outside the District of Columbia, law enforcement agents
installed a GPS tracking device on the undercarriage of
hicle, the use of a global-positioning
wife’s vehicle while it was parked in a public parksystem (GPS) is an excellent means to Jones’
ing lot.
track the vehicle. Under what circumFor the next 28 days, law enforcement agents used the
stances may a peace officer install such GPS device to track the movements of the vehicle. At one
point, the battery on the device failed and an officer had
a device on a vehicle without consent
to replace the battery when the vehicle was parked in a
of the owner?
parking lot in Maryland.
The device sent a signal via satellites to establish the location of the vehicle within a 50 to 100 foot range. The sigReCenTly, The UnITeD STATeS SUPReMe COURT
looked at this question in the case of United States v. Jones nal communicated with law enforcement officers through
cellular phone technology and the data was transmitted to a
(2012) 2012 DJDAR 895.
law enforcement agency computer. During a four-week perIn the Jones case, Antoine Jones was the suspect in a nariod, the computer gathered more than 2,000 pages of data.
cotics trafficking investigation in the District of Columbia.
Based in part on the information obtained from the GPS
Jones was the owner of a nightclub. The investigation was device, Jones was indicted and was charged in federal court
conducted by local and federal law enforcement personnel. with conspiracy to distribute and with possession with inIn conducting the investigation, officers conducted surveil- tent to distribute five kilograms or more of cocaine and 50
lance of the nightclub, installed a camera focused on the
front door of the club, and obtained a pen register and wire– continued on page 34
VANGUARD
March 2012
33
Reliable Informer
Jones took his case to a jury trial. The jury failed to reach a
verdict. Jones was charged again with the conspiracy charge
and again he took his case to a jury trial. Jones was con– continued from page 33
victed and was sentenced to serve life in prison.
Jones appealed his conviction to the United States Court
grams or more of cocaine base.
of Appeals for the District of Columbia Circuit. Jones argued
In the trial court, Jones made a motion to suppress the evi- that the trial court should have granted his motion to supdence obtained from the use of the GPS device. Jones argued press the evidence in its entirety.
that the use of the GPS device violated his Fourth AmendThe Court of Appeals reversed the conviction and ruled
ment rights against unreasonable searches and seizures. The that the use of the GPS device was a warrantless search that
trial court ordered suppressed only the evidence obtained violated Jones’ Fourth Amendment rights.
while the vehicle was parked in the garage adjacent to Jones’
The Government then requested that the United States
residence. The other evidence was ruled to be admissible
Supreme Court review the Court of Appeals’ ruling. The
because the trial court asserted that a person traveling in an Supreme Court agreed to take the case and upheld the deautomobile on public roadways does not have a reasonable cision of the Court of Appeals.
expectation of privacy in his or her movements.
In its written decision, the Court first stated, “The Fourth
Amendment provides in relevant part that the right of the
people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not
be violated. It is beyond dispute that a vehicle is an ‘effect’
as that term is used in the Amendment.” The Court stated
that its decision rules that the warrantless use of a GPS device to monitor a vehicle’s movements constitutes a “search.”
The Court then stated, “It is important to be clear about
what occurred in this case: The Government physically occupied private property for the purpose of obtaining infor• Successful completion of the Police
mation. We have no doubt that such a physical intrusion
Academy.
would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted.”
• 1 year police service.
The Court noted that the Fourth Amendment has historical
roots in protection of rights related to property and stated,
“The text of the Fourth Amendment reflects its close connection to property, since otherwise it would have referred
• 4 years of law enforcement experience
simply to ‘the right of the people to be secure against unwith an Associate Degree.
reasonable searches and seizures’; the phrase ‘in their persons,
houses, papers, and effects’ would have been superfluous.”
• 2 years of law enforcement experience
The Court continued, “Consistent with this understanding,
with a Baccalaureate Degree.
our Fourth Amendment jurisprudence was tied to commonlaw trespass, at least until the latter half of the 20th century.”
The Court also noted that later cases interpreting the Fourth
Amendment have looked less at privacy than at whether the
intrusion by a government officer violates a person’s “rea• 9 years of law enforcement experience
sonable expectation of privacy.”
with an Associate Degree.
The Court stated that the Fourth Amendment protections
• 6 years of law enforcement experience
of property are in addition to the Fourth Amendment prowith a Baccalaureate Degree.
tections based on a reasonable expectation of privacy. According to the Court, “We have embodied that preservation
• 4 years of law enforcement experience
of past rights in our very definition of ‘reasonable expectawith a Master Degree.
tion of privacy’ which we have said to be an expectation
‘that has a source outside of the Fourth Amendment, either
* Please submit your paperwork to the Training Unit 60
by reference to concepts of real or personal property law
days in advance of your anniversary date. Officers should
or to understandings that are recognized and permitted by
have copies (not originals) of college degrees, transcripts
and/or any course certificates on file as part of their train- society.”
ing files. These documents need to be attached to POST
The Court’s decision in the Jones case is significant becertificate applications.
cause it focused on the physical intrusion as constituting a
“search” for purposes of the Fourth Amendment.
POST Certificate
Requirements
Basic
Intermediate
(5% incentive pay)
Advanced
(2.5% incentive pay)
34
March 2012
VANGUARD
Peace Officers Were
Justified In Entering A
Residence After A Person Fled Into The Residence After Failing To
Answer An Officer Who
Asked Whether The
Person Owned A Gun
The officers began their in“vestigation.
They discovered
that the suspect student had
missed school for two days. He
had frequently been the victim
of bullying. The officers were
concerned that the student
was capable of carrying out
the threat.
”
Sergeant Ryburn told the mother that he and the other
officers were outside and wanted to speak with her. The
hung up the phone.
When officers respond to a residence to mother
One or two minutes later, the door opened and the mother
interview a witness where there may be and son walked out of the house and stood on the front
a weapon present, officer safety is one of steps. Officer Zepeda advised the student that he and the
officers were there to discuss the threats. The student
the highest priorities. Under what cir- other
answered, “I can’t believe you’re here for that.”
cumstances may the officers enter the
Sergeant Ryburn asked if the officers could continue the
residence when the witness flees inside? discussion inside the house. The mother refused. The sergeant found the mother’s response, her lack of interest in
their reason to be there and her unwillingness to let the ofREcEnTly, THE UnITEd STATES SUpREmE cOURT
ficers inside to discuss the matter, to be very unusual.
looked at this question in the case of Ryburn v. Huff (2012)
Sergeant Ryburn then asked the mother if there were any
2012 dJdAR 885.
guns
inside the house. The mother responded by immediIn the Huff case, Sergeant darin Ryburn and Officer Edately
turning around and running into the house.
mundo Zepeda of the Burbank police department in los
At
that
point, Sergeant Ryburn became scared, because
Angeles county responded to a high school where the princihe
didn’t
know what was in the house. The sergeant folpal informed them that a student was rumored to have made
lowed
the
mother into the house.
a threat to “shoot up” the school. The principal was conThe
minor
then went back into the house, followed by
cerned for the safety of the students and told the officers
that many parents had kept their children home from school Officer Zepeda. Two other officers then entered the residence.
because of the threat.
When the officers entered the house, they remained inThe officers began their investigation. They discovered that
side
the living room. Eventually, the student’s father came
the suspect student had missed school for two days. He had
into the living room. He challenged the officers’ right to be
frequently been the victim of bullying. The officers were
concerned that the student was capable of carrying out the in his house.
The officers stayed inside the residence for about 5 to 10
threat.
minutes,
talking with the student and the father. The officers
The officers went to the house of the student. When they
arrived, they knocked on the door and announced several did not search the residence. They did not search any pertimes that they were police officers. There was no response. sons or any property. Based on their investigation, the officers concluded that the rumor about the minor was false.
The officers then called the home telephone number, but
The parents of the student brought a lawsuit against the
there was no answer.
officers alleging that the officers’ entry into the residence
Sergeant Ryburn then called the student’s mother’s cell
phone. The sergeant asked the mother where she was. She violated their civil rights and violated the Fourth Amendtold the sergeant that she was inside the house. Sergeant
ment by entry of the residence without a warrant.
Ryburn then asked where the minor was. The mother said
that her son was inside with her.
– continued on page 38
VANGUARD
March 2012
35
36
March 2012
VANGUARD
VANGUARD
March 2012
37
Reliable Informer
[case law decisions] to mean that the Fourth Amendment
permits an officer to enter a residence if the officer has a
reasonable basis for concluding that there is an imminent
– continued from page 35
threat of violence.”
The Court criticized the Court of Appeals’ assessment of
At the trial, the trial judge found the officers not liable.
the
facts and stated, “The panel majority – far removed from
The parents then appealed the trial court’s decision to the
the scene and with the opportunity to dissect the elements
Ninth Circuit of the United States Court of Appeals. The
of the situation – confidently concluded that the officers
Court of Appeal upheld the trial court decision as to the
two officers who entered behind Sergeant Ryburn and Of- really had no reason to fear for their safety or that of anyone else.... Confronted with the facts found by the District
ficer Zepeda, based on their likely belief that there was
consent to enter. However, the Court of Appeals ruled that Court, reasonable officers in the position of [the officers]
Sergeant Ryburn and Officer Zepeda had violated the par- could have come to the conclusion that there was an imminent threat to their safety and to the safety of others. The
ents’ civil rights.
The officers then requested that the United States Supreme Ninth Circuit’s contrary conclusion was flawed for numerCourt review the decision of the Court of Appeals. The Sup- ous reasons.”
The Court concluded, “In sum, reasonable police officers
reme Court agreed to hear the case and ruled that Sergeant
in [the officers]’ position could have come to the conclusion
Ryburn and Officer Zepeda were not liable.
In its written decision, the Court first stated, “...[O]fficers that the Fourth Amendment permitted them to enter the...
residence if there was an objectively reasonable basis for
may enter a residence without a warrant when they have
an objectively reasonable basis for believing an occupant fearing that violence was imminent. And a reasonable offiis imminently threatened with serious injury.... [T]he need cer could have come to such a conclusion based on the
facts as found by the District Court.”
to protect or preserve life or avoid serious injury is justifiThe Court’s decision in the Huff case is helpful because
cation for what would be otherwise illegal absent an exiit demonstrates the legal standards regarding entry of a resgency or emergency.”
idence based on an imminently threatening situation.
The Court then stated, “A reasonable officer could read
COPS’ COP NOMINATION FORM
Name of Nominee:
Rank:
Badge #:
Contact #:
Date of Hire:
Age:
or Cell #:
Current Assignment:
Single:
Married:
Supervisor:
Previous Assignment:
Department Member Since:
Activities Outside the Department:
Activities Within the Department:
(Volunteer, church, civic groups, etc.)
(Tip-a-Cop, officer fundraisers, peer support, etc.)
Awards or Honors (Department or Community):
Please attach a letter or reference explaining why this officer deserves recognition. You may attach any documentation to support your nomination including: reports, training, pictures, press information, etc.
Your Rank and Name:
Assignment:
Contact Phone Number(s):
38
March 2012
VANGUARD
An In-custody Suspect’s
Failure To Respond To
Individual Questions
During An Interrogation After A Waiver Of
Miranda Rights Was
Admissible Against
The Suspect
Based on the crime and on
“sentencing
enhancements based
on his prior criminal history,
Bowman was sentenced to serve
16 years in state prison.
”
tective and didn’t say anything. and when confronted with
the question, “Why would the victim identify you,” Bowman gave no response.
Bowman was charged with robbery.
in the trial court, Bowman took his case to a jury trial. the
jury was instructed that, if the jury concluded that someone
made a statement outside of court that tended to connect
defendant with the crime and defendant did not deny it, it
could be viewed as an admission if the statement was made
to defendant or in his presence, that he heard and understood it, that he would naturally have denied it, and that he
It is said that silence is golden, but
could have denied it but he did not deny it.
what about silence when questioned
Bowman was found guilty. Based on the crime and on
sentencing enhancements based on his prior criminal history,
by a peace officer?
Bowman was sentenced to serve 16 years in state prison.
Bowman appealed his conviction to the court of appeal.
he argued that the trial court should not have instructed the
Recently, the FouRth DistRict lookeD at this
question in the case of People v. Bowman (2011) 202 cal. jury that his silence when confronted with the questions
could be considered as admissions.
app. 4th 353.
the court of appeal reviewed Bowman’s case and upheld
in the Bowman case, a man on his way home from work
his conviction.
was the victim of robbery on a spring night in san Diego
in its written decision, the court noted that Bowman’s case
county. the suspect took the victim’s MP3 player, trolley
involved “selective silence.” the court stated, “Bowman
pass, and debit card. When the victim refused to give the
suspect his Pin number for the debit card, the suspect pul- voluntarily spoke with a police detective after receiving
led a knife, pressed a button to open it, and asked the vic- Miranda warnings. although Bowman did not respond to
certain questions during the interview, there is no evidence
tim again. the victim quickly gave his Pin number.
he told the detective he wanted to cease all further quesabout two weeks later, the victim saw the suspect, who
was later identified as Jerry Bowman. the victim told a school tioning, asked for an attorney, or otherwise unambiguously
guard at a nearby school. the school guard arranged for a indicated he wanted to invoke his right of silence.” the court
police detective to meet them at the school. after question- noted that Bowman’s decision not to respond to some of
ing the victim and the suspect, who remained in the vicin- the detective’s questions was not induced by the Miranda
warnings he received.
ity, the detective placed Bowman under arrest.
the court noted, “[W]e conclude the trial court did not
the detective took Bowman to the police station and adviolate
Bowman’s due process right by instructing the jury
vised him of his rights under the Miranda decision. Bowman
it
could
consider Bowman’s lack of response to the detecwas willing to speak and the interrogation lasted 20 to 30
minutes. Bowman denied being the robber and denied be- tive’s questions to be adoptive admissions.”
the court’s ruling in the Bowman case is a helpful illusing in the area where the robbery took place. he said that
tration
of how silence in the face of an accusation during
he was with his girlfriend and spent the night with her on
police questioning after a waiver of Miranda rights may
the night of the robbery.
lead to admissible evidence.
During the interview, there were three instances where
Bowman did not answer the detective’s question. When
asked about his previous statement that he had never been Editor’s Note: Lance Bayer is a private attorney speto the area where the robbery occurred and was then con- cializing in police training and personnel issues in the
fronted with a document that stated that he lived near the Bay Area and can be reached by writing to: Lance Bayer,
robbery scene, Bowman made no comment and offered no 443 Lansdale Avenue, San Francisco, CA 94157, by calexplanation. When asked about the victim’s identification ling 415.584.1022, or by email at [email protected]
of Bowman’s cell phone, Bowman just looked at the deVANGUARD
March 2012
39
Lt. Paul Francois, #2551
Award Nomination For Officer
Michael Nasser #4053
Last year, under the threat of pending
lay-offs, Officer Michael Nasser left
SJPD for Santa Cruz. After a relatively
short time there, he decided that his
career with SJPD was more valuable
to him than he had anticipated and he
began the process to return. On February 14, 2012, Officer Nasser completed
the final paperwork to reclaim his position as a San Jose Police Officer and
was informed to report for duty on Sunday, February 19.
But Fate wanted OFFicer nasser tO Begin his
tenure as a san Jose Police Officer much sooner than that.
after he completed his final paperwork at sJPd on tuesday,
February 14th, he drove off to go work out. while parked in
the wells Fargo Bank parking lot at santa teresa and Bernal,
off-duty Officer Michael nasser observed three men run
into the bank. this caught his attention and struck him as
being suspicious behavior. he continued talking to a friend
on his cell phone, but kept an eye on the bank. he noticed
a female customer approach the front doors of the bank,
open them, and then turn immediately away. she scurried
back to her car in a hurry. seeing this, Officer nasser realized that a robbery was most likely in progress inside the
bank. he ended his cell call and phoned sJPd communications to advise them of the possibility of a 211 in progress
at the wells Fargo Bank. he staked out a position in the
40
March 2012
parking lot and waited for the suspected bank robbers to emerge. when
they did, they were carrying bags of money
and Officer nasser kept them in his sights.
he watched them run to a car parked nearly 200 yards
away and put himself in a position to follow them. he paralleled them on a side street so as not to be seen and when
the time was right, pulled up within several car lengths of
them so he could get their license plate number. it should
be noted that Officer nasser was not armed, did not have
a police radio, and had no means of protecting himself
should the armed bank robbers decide his behavior was suspicious and decide to engage him. he provided a detailed
vehicle description, license plate information, and suspect
descriptions to communications as well as their current location and direction of travel.
initial investigation at the bank revealed that these same
suspects were most likely responsible for another hostile
take over the day before at union Bank, taylor and the
alameda. the MO of the robbers was to jump the counter
and force everyone present to lie prone on the floor while
they robbed the bank. while the take was only a few hundred dollars at the union Bank, it was nearly $12,000 from
wFB. robbery detectives believed these robbers were gang
related and had access to numerous firearms.
Because of the information Officer nasser risked his own
safety to obtain, salinas Pd was able to conduct surveillance
on the address to which the suspect vehicle was registered.
approximately 90 minutes after the robbery, the vehicle
arrived back at the r/O’s address and salinas officers conducted a high risk felony car stop. all three suspects were
taken into custody and the stolen money was recovered. in
addition, a search warrant was obtained on a storage locker
and numerous illegal firearms were recovered. these same
men have been linked to numerous 211’s in Monterey county
as well. the bank robbers are looking at serious prison time
thanks to the courage and composure of Officer nasser.
Editor’s Note: Any member of the department can nominate officers for the POA’s monthly Cops’ Cop Award;
the POA board will select awardees from these nominations. Nomination forms can be obtained from this
magazine or you can pick them up at the POA office.
Once completed, either drop off the form at the POA or
email it to [email protected]. PLeASe CheCK Out the
COPS’ COP NOMiNAtiON FOrM ON PAge 46.
VANGUARD
VANGUARD
March 2012
41
Brian Lombardo, CFP®, CPA
Financial Planning
Common Questions About Financial Planning
Life is full of questions – Will I have
enough money for retirement? Do I have
enough saved for my child’s education?
How can I buy a home when I’m saving
for all of these other things? These examples and many more might have you
asking yourself if you should seek the
advice of a financial professional. But
maybe you are not quite sure where to
start. Here are some commonly asked
questions about financial planning that
may get you on your way.
Who Can Use The Term
“Financial Planner”?
In general, if you’re not sure
“what
advice you need, start
with a financial planner. A financial planner will focus on
your needs first before recommending a course of action.
Most planners have been
trained to take a broad look
at your financial situation,
while accountants, investment
advisers, stockbrokers or insurance agents may focus on
a particular area of your financial life.
”
Type Of Financial Adviser?
in General, if you’re not sure What advice you
need, start with a financial planner. a financial planner will
focus on your needs first before recommending a course of
action. most planners have been trained to take a broad
Government aGencies do not reGulate filook at your financial situation, while accountants, investnancial planners as financial planners; instead, they regu- ment advisers, stockbrokers or insurance agents may focus
late planners by the services provided. as a result anybody on a particular area of your financial life. always ask a fican “hang out a shingle” and call himself or herself a finan- nancial adviser what qualifies him or her to offer financial
cial planner. the certified financial Planner Board of stan- planning services.
dards (cfP Board) offers consumers a free brochure, “10
Questions to ask When choosing a financial Planner,” which
can help you look for someone who is qualified to offer financial planning advice. the brochure contains questions
While it is true that the younGer you start
to ask during an initial interview with a planner to help you
the
more beneficial the process will be, financial planning
determine if he or she is right for you. to receive this brois
worthwhile
at any age. although younger people may
chure, call toll-free 800.487.1497 or visit www.cfP.net.
have more decisions to make regarding their financial lives,
changing laws and circumstances can lead middle-aged
people and seniors to have to adjust their financial plans as
well. changes in tax law, for example, may require many
What Is The Best Age To
Start Financial Planning?
Why Should I Choose A Financial Planner Over Another
42
March 2012
VANGUARD
people to rethink certain investments or estate plans, and
adequate disability planning becomes more important as
people age.
How Are Financial
Planners Paid?
planners charge depends on their experience, geographic
location, level of services and your needs. interview more
than one planner to get an idea of typical fees for financial
planning services.
Editor’s Note: Brian Lombardo, CFP®, CPA, is a financial planner with Mass Mutual Financial Group in
There is nO unifOrm meThOd by which finAn- San Jose and specializes in developing & implementing
financial plans for families and small business owners.
cial planners are paid. A planner can be paid a salary by
the company for which the planner works; by fees based on He can be reached at 408.487.1506 or blombardo@
an hourly rate, a flat rate, or on a percentage of your assets financialguide.com. Founded in 1985, the CFP Board
and/or income; by commissions paid by a third party from is a nonprofit certifying organization that owns the
the products sold to you to implement the financial planning CFP® certification marks in the U.S. and benefits the
recommendations; or by a combination of these methods. public by fostering professional standards in personal
financial planning.
Do I Have To Pay A Financial
Planner For The First Interview? How Much Does A
Planner Typically Charge?
mOsT finAnciAl PlAnners will meeT wiTh yOu
at no charge, to talk about your reasons for wanting to work
with them. during this initial session, planners will also
decide if they can help you and explain how they would
work with you. like other professionals, the rates financial
VANGUARD
VANGUARD
To Advertise, contact the POA
Office at: Tel. 408.298.1133
March 2012
43
S.J.P.O.A.
NON-PROFIT ORG.
U.S. POSTAGE
1151 N. Fourth St.
San Jose, CA 95112
PAID
San Jose, CA
Permit No.1551
2012 is going to be great!
I’m at your service – Connect with us and I’ll do
all the follow up. I appreciate your referrals.
Dan Valcazar is a Broker, MLO, and CDPE. All three designations
mean he has more experience and qualifications to serve you.
Choose wisely when selecting a real estate professional.
Dan Valcazar
Former SJPD sergeant
408.607.1119
Cell:
or [email protected]
www.customerservicerealty.com
NMLS #369137 DRE #01310756
Customer Service Reality
3150 Almaden Expwy, Suite 200
San Jose, CA 95118