To All Delegates and Members

April 13, 2000

Summary of April 11, 2000 Delegates Meeting

I. 

CALL TO ORDER

PBA President Patrick Lynch called the meeting to order.

  • Salute to Flag

  • Respects to all fallen and seriously injured officers

  • Recording Secretary Robert Zink reported opening correspondence

 

II. 

PRESIDENT’S REPORT  

  • PBA President Patrick Lynch began the meeting by presenting Anthony Bergamo, Chairman of the Federal Law Enforcement Foundation, with a plaque for his generosity with respect to the Widow’s & Children’s Fund.

  • Police Officer Edward Hennessy was presented a plaque for his dedicated service as a PBA delegate for 15 years

III. 

HELMET ISSUE

  • The PBA has now filed for an expedited improper practice hearing against the department in relation to interim order 72, which allows field commanders to order officers not to wear protective helmets.  It is the PBA’s contention that during the Dorismond Funeral numerous officers were seriously injured as a result of this order. 

  • The PBA is now in the process of filing a lawsuit against the NYC police department for improper supervision, which led to numerous injuries of NYC police officers.

  • The PBA is urging all members involved in the Dorismond funeral to review tapes at the 67th Pct. Detective Squad to collar those who may be responsible for these injuries.  The PBA is also considering pursuing a civil action against these individuals.

 

IV. 

LEGISLATION

  • All delegates were presented with a list of new legislation recently introduced in Albany.  Patrick Lynch and Robert Zink were in Albany on April 4th, 2000 pursuing our new legislation by meeting with Senate Majority Leader Joe Bruno and Assembly Speaker Sheldon Silver.  Mr. Lynch further stated that the PBA’s political action committee (COPE) has an important role in helping the PBA become a political power by registering all members to vote!

V. 

WALTER J. LIDDY LAWSUIT

  • The department has blocked the PBA’s Financial Secretary Walter Liddy of Manhattan South from representing officers in a GO15 proceeding due to the department claiming Mr. Liddy was a potential witness, and later, witness and subject of an investigation.  The PBA has filed an improper practice with OCB and will take the case to the State Supreme Court, if necessary

VI. 

FALSE ACCUSATION

  • A NYC police officer was recently falsely accused of sticking a gun in the stomach of a civilian.  The allegation has been proven to be false.  The officer has now filed a 61 to pursue an arrest for perjury.

VII. 

LEGAL ISSUES

Report of Stu London

  • Mr. London stated that all substantiated CCRB complaints will be heard at OATH.  Mr. London further stated that all CCRB cases can be reviewed by the officer at Rector St. or at the PBA Attorney’s office, where the officer then can decide whether to bring the case to trial.

  • The attorney’s are also considering challenging the language with respect to command discipline on warned and admonished cases. 

  • Louima Case:  Mr. London has started the appeal process for former officers Schwarz, Wiese and Bruder.  The sentencing will take place within 90 days.

Report of Greg Longworth

  • Mr. Longworth began the meeting by thanking the delegate body for the extensive information involving CCRB complaints that have been sent back to the command level for CD’s.

  • Members should complete CCRB surveys before the May 1, 2000 deadline.

  • Mr. Longworth cautioned all members on taking police action when off duty.

Report of Steve Worth

  • Mr. Worth stated that the investigation with respect to the Street Crime officers by the federal government is still on going.  Mr. Worth hopes that the investigation will be resolved in a timely fashion

VIII. 

CHARLES SCHWARZ FUND RAISER

  • Mr. Lynch thanked all delegates who attended the fundraiser which over 1000 police officers attended.

IX. 

PUBLIC RELATIONS

  • Mr. Lynch stated that he has made numerous appearances in the media within the past week.  Mr. Lynch further stated that there have been a number of positive articles recently due to the TIPS Hotline.

  • Mr. Lynch has also met with U.S. Senator Charles Shumer and various members of the clergy to educate and communicate with the community to attempt to unite and calm tensions between the community and the police.

X.

HEALTH SERVICES

  • Patrick Lynch, John Loud and Robert Zink met with Dr. Fried of Health Services to discuss a number of serious complaints from members with respect to the Health Services Division.  The PBA will continue to aggressively pursue any physician who mistreats NYC Police Officers.

XI. 

REPORT OF JOHN CROTTY, former Deputy Chairman of the Public Employment Relations Board (PERB).

Mr. Crotty discussed the following with respect to PERB:

  • Step I – The PBA must first by law negotiate in good faith with the City of New York at the Office of Collective Bargaining.

  • Step II – If negotiations fail, the PERB Board will appoint a mediator to attempt to resolve all contract issues.

  • Step III – Compulsory Binding Arbitration – “PERB” – Three arbitrators must be selected from a panel of nine.  The City along with the PBA will each pick a single arbitrator; the final arbitrator will be agreed upon by both parties or selected by a process of elimination.

    PERB GUIDELINES

      1. Comparability –arbitrators will generally compare wages with other comparable trades and professions.
      2. Ability to Pay – arbitrators will determine how much the Municipality can afford.
      3. Public Welfare
      4. Peculiarities of the profession.
        • Final award will be determined by majority vote.
        • Award guidelines are two years and are retroactive as of the date of the contract expiring.
        • The final judgment issued by PERB is binding and must be enforced by law.
 

  ANNOUNCEMENTS

  • Michael DeFillippo, Christopher Morella and Stephen Barrett donated $1, 000 to the Widow’s & Children’s Fund on behalf of the Brooklyn South Task Force.

  • Robert Wagner donated $4,000 to the Widow’s & Children’s Fund on behalf of the 5th Pct.

Fraternally,

Patrick J. Lynch
President