Stillwater CO finds off duty conduct can affect employment

Reminder, off duty conduct can affect your employment.

The Star Tribune is reporting "Minnesota Correctional Officer on leave after confronting Black Live Matter Protesters with profanity; wife hurled racial slur."

Full Story

Reading the article it documents that BLM protesters have been repeatedly protesting outside the home of  the Washington County prosecutor in charge of the Potter case, attempting to intimidate him into changing his decision.

It appears the CO in question must be a neighbor who is irritated by their behavior.  If it's anything like the protests in Hugo, MN with John Thompson and BLM last year, I see why neighbors are mad. Words were exchanged on a couple of occasions and allegedly his wife, not him, used a racial slur. He's now on leave from Stillwater MCF and his wife lost her job at a hair salon after they were doxed. 

His employment record, yes it's public, is in the article, good and bad, and his picture, provided by the DOC. The article also points out he and a protester, a former inmate, recognized each other and hugged.

The long and short is this. If you are a public employee, you will be held to a higher standard, even if BLM is attempting to intimidate others who live in your neighborhood.

PERA Board Meeting and Bill SF2198 update

 I attended the April 8th PERA Board meeting via zoom. 

The subject of the Legislature adding 911 Dispatchers to our Correctional Pension was addressed, Senate Bill SF2198.

Here's the position adopted by the PERA Board.

Essentially, if the Legislators decide to add a group to our pension PERA is recommending they do one of two things.

One, an added group would start out as new to our pension and at contributions sufficient to fully fund the higher benefit.

Or

Two, the City or County of that group would have to pay an amount into our pension sufficient to fully fund that individual and not harm our actuarial value. So if a 55 year old dispatcher who worked for a county for 30 years was put into our pension, that county would have to add 30 years of contributions into our Correctional Plan. This would be extremely expensive for cities and counties budgets.

I had a very productive phone conversation with PERA Executive Director Doug Anderson today. We both want to keep our pension healthy as it is the best funded of all the PERA pensions. 

PERA has no say as to who is in the Pension, the Legislature does, so keep on your State Senators and Representatives, but PERA very much has a say in the how much this change would cost our plan.

So far no companion House File has been added to this Bill. It can't happen without that. I hope it stays that way.

Our Pension was founded on inmate contact and the high risk associated with that. We need to guard this!

PERA Correctional Pension alert, SF 2198

 There's a bill in the Minnesota Senate that poses a danger to the PERA Correctional Pension.

Our pension is the healthiest and best funded of all of the PERA Pensions. This was by design. When formed in 1999 it was for Correctional/Detention Officers who had 95% inmate contact. It recognized the danger and hazards of the job. Just this week a CO was killed in Iowa and another held hostage in Oklahoma. Numerous Detention Deputies and CO's have contracted Covid 19 due to close proximity to inmates and brought it home to their families. Unfortunately this goes with the territory and for that reason the PERA Correctional Plan provides a 55 out. I left 5 years ago at 57 because as I used to say, "I don't want to be 60 years old and wrestling with a 20 year old in the sallyport."

Enter SF 2198. It seeks to add 911 Telecommunicators to our pension. 

It reads, "911 telecommunicators transfer from the general employees retirement plan to the local government correctional plan; transferring eligible service credit."

There is more to this than it appears. First off, they don't have inmate contact and the same dangers CO's have. Secondly, when our plan formed in 1999 we were not allowed to transfer our service credit from the PERA General Pension to the new Correctional one. Any funds we left in the General Plan we had to withdraw losing the employer portion, or couldn't touch until 65. The same goes for Licensed Deputies and LEO's who went from being a CO to Licensed. Their money doesn't follow them into the Police and Fire Pension.

The affect on our Correctional Pension will be massive. All of the 911 Dispatchers 55 or older can begin drawing on a pension they never paid into almost immediately. I hear as many as 10% of the 911 Dispatchers would be eligible! A pension predicated on the dangers of inmate contact, of which they have none. The result could lead to higher employee contributions and lower COLA's on those who paid in most of their careers.

This is not a slam on our hard working 911 Telecommunicators, but an attempt to avoid destroying our healthy pension.

Contact your State Senators and Representatives!

Slain CO Gomm family not compensated!

 

CO Joseph Gomm was brutally beat to death by an inmate at MCF Stillwater. Beat with a hammer while other inmates held the doors so help couldn't arrive. Over two years have passed and Fox 9 is reporting:

"STILLWATER, Minn. (FOX 9) - It’s been two and a half years since Corrections Officer Joseph Gomm was brutally murdered by an inmate at Stillwater prison and still his family waits for a settlement."

Why are CO's and their families routinely left behind?

FULL STORY

PERA Update Feb 2021

 

Yours truly attending PERA meeting

Last month I published the COLA (Cost of living adjustment) for us.

Yesterday I attended the PERA Board meeting virtually. I learned a few interesting things.

This year the markets our money is invested in are volatile. No shocker with Covid and the change in the White House. Our investment return in 2020 was slightly lower than the 7.5% our plan is based on. Keep in mind the numbers are crunched in July so this was 3 months into the pandemic.However so far in 2021 the return for PERA investment is 17%!  If that holds (probably not) our plans would reach 100% financed very quickly. Below is where our plans currently are.

PERA Correctional funded at 97.5%, Police and Fire 87.8%, General Plan 79.6%. 

Some interesting notes

Another interesting topic at the meeting was the amount of officers leaving on Disability. It was stated in a normal year maybe 10 a month apply to go out on disability. They described the current rate as a 'surge' with as many as 35-40 a month applying. There is some new legislation being proposed to keep an eye on for Police and Fire.

For the full financials for PERA read the Comprehensive Annual Financial Report (CAFR) 2020.

Overall our investments and Plans are healthy. PERA is doing a good job in my opinion. 

PERA Cost of Living Increase 2021

From PERA website: 

 

Detention Deputies be careful! PSF attacked!

After working as a Detention Deputy for over 25 years at the Hennepin County Jail, I know it can be a dangerous job.

But in the current political climate it's added a new element. Before there was always the possibility of a jail assault or of running into a former inmate who had a beef with you outside and in public. Now it's grown political.

In NY John Jeff an off duty Corrections Officer who worked at Rikers Island was shot and killed. 

Last night rioters angry over a Kenosha Wisconsin shooting, attacked the Hennepin County Public Safety Facility (PSF). They broke windows, tried to breach the lobby, were gassed and subsequently 11 were arrested.

In a Star Tribune article reporting the event Sheriff Hutch says:

"“We fully support peaceful protests, but we cannot — and will not — allow demonstrators to destroy property or jeopardize the safety and security of our inmates, our deputies and our jail,” Sheriff Dave Hutchinson said in a statement."

My advice to my former co-workers and current Detention Deputies is twofold. 

1. Be extra aware of your surroundings.

2. Conceal Carry.

In the early 90's when MPD Officer Jerry Haaf was executed, the jail began receiving calls that 'a brownie is next.' We wore brown uniforms back in the day so we were referred to as brownies. This was also painted on the Security Garage of the jail and on a wall near a parking lot many of us used. (This was over a failed United for Peace negotiation with MPD. Side note, current MN Attorney General Keith Ellison supported the killers).

An inmate pulled me aside and said 'they' were planning to take out a brownie next. He proceeded to tell me where I parked, what streets I walked to work, and even told me the exact car I drove. He said, I don't want it to be you. He advised varying my route, don't walk alone, not to walk past the welfare building (stood where current PSF is) because "The brothers waiting outside are watching deputies, they ain't there for welfare." *Actually a lot more to this story. 

I took his advice and also got a permit to carry.

I always prided myself on treating inmates fairly and that went a long way both inside the jail and out. Those days may be gone.

The new dangerous element is political. As Detention Deputies you represent Government and Law enforcement so to many, regardless of your professionalism you are a target.

Be careful!

Ramsey County CO's accuse management of segregating them by race

Eight Ramsey County CO's say they were segregated away from the floor housing the high profile Derek Chauvin based on their race.

FULL STORY 

Correction Officers routinely deal with the accused spanning a wide variety of crimes ranging from the minor to the heinous, professionally. If true, this is a slap in the face of our profession. CO's have  dealt professionally with many high profile inmates over the years and will continue to.

Management should have some trust in CO abilities.

PERA Correctional funding is solid!

Many have voiced concerns regarding the funding of our Pension since the Corona market drop.
According to PERA no need to worry.

I provide an exerpt from the report:

Fact #3: Since its inception in 1931, PERA has never had a deviation from regular monthly benefits to our retirees. Nor has there been a benefit reduction to retiree benefits. The certainty of monthly benefit payments has endured other crises, including wars, major market adjustments, and economic recessions.

Fact #4: The PERA funds have assets available to meet ongoing benefit obligations. As of July 1, 2019, our most recent valuation date, the General Employees Retirement Plan was 80% funded, the Police & Fire Plan was 89% funded, and the Correctional Plan was 98% funded.

FULL Letter Here

Due process alert!

One of the hallmarks of Organized Labor is Due Process. What separates non-union from Union Labor is the fact that non-union employees are, 'at will.' They can be fired at anytime for any reason or none.

A Union contract guarantees Just Cause and Due Process.

I was a Union Steward many years when I was a Detention Deputy. When a Detention Deputy was in trouble my job was to make sure Due Process was followed. ALL union members are entitled to that. The employer can't just say, 'You're fired.'

The police officers involved in the George Floyd arrest were fired, fired in violation of their Union Contract and in violation of Minnesota State Law. 

The Union Contract between the City of Minneapolis and the Minneapolis Police Federation spells out what steps must be taken in Article 12 of their contract.

Minnesota State Law, MSS 626.89 Peace Officer Discipline Procedures Act, spells out
the rights and protections Police Officer's have. 

The  Detention Deputies have a similar law MSS 241.026 Correctional Officers Disciplinary Procedures. 

It is with shock that I read that the AFLCIO  supports their firing without Due Process, and further wants their elected representative of the Minneapolis Police Federation also fired. 

Kare 11 is reporting, "Unions exist to protect workers who have been wronged, not to keep violent people in police ranks,"McCarthy stated. "All four police officers involved in George Flyd's murder must be charged."

Later in the day, the president of Education Minnesota joined the AFL-CIO's call for Kroll's resignation."

What? What? The AFL-CIO President Bill McCarthy  and the Teachers Union (Education MN) are calling for the Union protections of these now former officers to be stripped? Further they want their duly elected Union President removed for having the balls to want their contract followed? Why? Because there's controversy? That's exactly when a member needs Union protection of their rights. Remember that Bill the next time one of your members are in trouble.

Has anyone been convicted of a crime? Has an internal investigation been done? No!
Why? Because the Mayor fired them without due process and now they can't include the accused officers in an internal investigation. Only employees can be ordered into Internal Affairs to give a statement. 

The correct contractual and legal process is: 

Place the accused on paid Administrative Leave.

Conduct an Internal Affairs investigation with their Union rep and/or lawyer present.
The I.A. investigation can recommend discipline up to and including firing. But most importantly the City and Police Department can know exactly what happened.

If they intend to fire they must give notice and the Officer and Union are entitled to a hearing and appeal. They are further entitled to Arbitration if they disagree with the results of the appeal.

There are even further protections if the member is a Military Veteran.

I understand the outrage people have after watching the video of George Floyd. This Post is not about that incident.

Due Process and Law must be what are followed, not immediate emotion and mob mentality. 

As far as I am concerned the AFLCIO and Education Minnesota (Teacher's Union) are stealing their members money if they aren't willing to protect them when the shit hits the fan. 


The mob is intending to run over 100 years of Labor gains and apparently the larger Unions are willing to throw all Organized Labor under the bus to appease the mob.

Like him or not, Bob Kroll is not the villain. He's a Union Rep doing exactly what his members elected him to do. The AFLCIO and Education MN would do well to take note.

And all current Union members should be afraid. If Due Process is tossed to the wind you have no protection, there's no point in a Union.

As an aside, even Conservative heavy weights like Rush Limbaugh and Sean Hannity have applauded the immediate firings, and are both saying the Officer should be charged with First Degree Murder and the other three arrested. Aren't these two hypocrites the same that screamed for 3 years about Due Process being denied to General Michael Flynn? 

This isn't about Bob Kroll or George Floyd, it's about Union won Due Process. Bad public servants can and should be fired, but for Cause, not emotion or expediency.

Unless Labor Unions want to become extinct, they had better remember their roots and protect their members. Otherwise the dues are just a waste of money.

Your Pension in the age of Corona

Unemployment

Everyone is experiencing the short term effects of the Corona virus. 22 million Americans have been laid off and our economy appears to be in a free fall.

Eventually most jobs (we hope) will be back, some will be lost for good. Where does Government get it's money? Taxes paid by business and employees. Even when the jobs come back the tax revenue to Government will be low and the cost of the epidemic high for years.

Where does our Pension get it's money?  Our pension is funded by employee contributions, employer contributions, and the performance of the stock market, where our money is invested. The other 2% comes from the General Fund. (The PERA Correctional Pension was funded at 98%. I have no idea what it will look like this year.)

The annual Cost of Living Adjustment (COLA) of our Correctional Pension is tied to two things. The amount Social Security pays out as their COLA and the overall financing of our Pension, most of which is tied to the Stock Market.

Currently we will receive up to 100% of the Social Security COLA capped at 2.5%, as long as our pension's funding is over 85% a year. If it falls to 80% funding for 1 year, or 85% funding for 2 years our COLA permanently drops to 1.5% max.

Our pension is based on is a 7.5% return on investment. 

The good news is mechanisms are in place to protect our fund. The bad news is our COLA may not keep up with inflation in years to come if the economy doesn't right itself soon enough.

I will keep you posted.

Big Pension News Coming

As my readers know I have been keeping a close watch on the PERA Correctional Pension.
The only Union protecting the PERA Correctional Pension with me has been MNPEA.

Others are now trying to take credit. Others who were willing to accept cuts to our pension.

Real long story short (for full story go back in this blog). On December 14, 2017 I was at the PERA Board Meeting. They were voting on Pension Funding proposals to the legislature. It was proposed to cut the COLA increases for the PERA Correctional Pension retirees.

During the discussion it was stated all of the "stakeholders" had been talked to and were on board for the cut. Those consulted and approving were Teamsters Local 320, AFSCME and LELS.

I raised my hand and asked if  MNPEA, one of the largest stakeholders had been notified. They had not! Rebecca Otto then moved the Correctional change be tabled until Director Doug Anderson had a chance to talk to the stakeholders (MNPEA the only group not consulted).

Tom Perkins of MNPEA and myself subsequently met with Doug Anderson who then recommended our COLA cap remain at 2.5% not the 1.5% agreed to by the other so called stakeholders.

The PERA Board had a special meeting on January 9, 2018 and voted to approve the 2.5%.

I am attaching the documentation from PERA's website. You will see no Teamsters present. AFSCME and Dave Matuslaem (then with the MPPOA) were all on board to cut our pension.

It angers me to hear these other groups now claiming they fought for our pension. They did not, only MNPEA. I was there!

WATCH THIS BLOG. VERY BIG NEWS IS COMING!

Staff shortages and overtime

The Star Tribune is reporting that

Audit: Staff shortages, failure to track assaults contribute to danger in Minnesota prisons

The article says:

Staff shortages in Minnesota prisons are driving a glut in overtime hours for correctional officers, making the facilities more dangerous, while corrections officials have failed to properly track assaults — and they don’t know just how unsafe their facilities are for prisoners and staff.

A couple of weeks ago I was at a retirement at my former haunt, the Hennepin County Jail. I was told of massive overtime and even housing units on lock-down all weekend due to lack of staff.

 Overtime is at a high. 

Reality is working as a Detention Deputy or CO is a good job. Good pay, benefits and even a pension. The job is dangerous, but if you are professional you will never be let go and will have fewer problems with the clientele. 

Retention becomes a problem when staff is short. Excessive overtime leads to burnout. Albeit there will be a nice paycheck. 

The conundrum is public employee pay rarely keeps up with the private sector. So when the economy is good like now few people want to work in a jail,(I wouldn't work that crap job. Is a comment I used to hear), but when the economy is bad, people are jealous of the pay and benefits.

Oddly this may be the best time to get into this career. The economy goes up and down but Corrections is a long term steady job. Not for everyone, you won't get rich but you will have a good middle class income.

Hennepin County Detention Deputy Dave General needs our help

Dave General is a man of honor, integrity and respect. He is a husband, a father, a grandfather, an uncle, a military veteran and a friend. Through the course of Dave’s life he has given back to his country, his community and his family. With a genetic disorder such as pulmonary fibrosis, it is Dave’s turn to fight the battle. 

Dave has spent a total of 26 years in the United States Military. Serving in the Minnesota National Guard, the Army National Guard and the United States Army. With 2 tours of duty behind him he was honorably discharged from the military in December of 2019.

In addition to Dave’s military service he has served fearlessly with the Hennepin County Sheriff’s Office. As a Detention Deputy, Dave has served with honor and humor. He has made countless friends, some of which may call him family. 

Due to the pulmonary fibrosis diagnosis, Dave will need a double lung transplant. He will remain at the University of Minnesota Medical Center until the transplant can be completed. 

With “General’s Army” walking beside him, we are determined to fight this battle head on. We encourage our friends and our family to donate as little or as much as you can. 

BE APART GENERAL’S ARMY! DONATE NOW!!!

(Previous from Dave's Go Fund Me Page)

Click below to help!
Dave's Go Fund Me Page

December PERA update

On December 12th I attended the PERA meeting.

Here's the Agenda of what was discussed. https://www.mnpera.org/meeting-agenda-december-12-2019/

I will link to the minutes when available.

The long and the short is the fund is doing well because of the robust stock market investments.

I am attaching a hand out from Executive Director Doug Anderson.

It shows where every PERA member lives in Minnesota. The reverse breaks down how many PERA members live in each Congressional District.

Why is this important? Because when PERA issues come up you can use this to let your local Representatives know how many of us live in their districts!

For those of you that are retired the Cost of Living increases take effect January 1st.

Correctional Plan retirees will receive a 1.6% COLA.

25 CO's in Baltimore Charged with excessive force

CBS News is reporting that 25 Corrections Officers in the Maryland State Prison system have been charged with excessive force.

All were part of the 'tactical unit.' As most readers of this blog know the tactical unit is called in to put down inmate unrest, perform cell extractions, etc.

I don't know anything more than CBS is providing, but I do know use of force isn't pretty and inmates that require the tactical unit are violent.

These CO's, like all accused are entitled to due process.

Fortunately the prosecutor is Baltimore City Attorney Marilyn Mosby, of the Freddie Gray case fame. Which if you remember all charges were dropped against the officers accused by her.

Being a CO is a tough job. Even performing your duties can lead to being charged.
I hope thses guys have a good legal plan like MNPEA has!

FULL STORY

Rush City MCF on lockdown after attacks on CO's

From CBS:

DOC: Rush City Prison on Lockdown after After Inmate Attacks 3 Staff Members

Click Here for video and full story

Corrections News items

Here are a couple of Corrections related news items:

Two Stabbings Investigated at Oak Park Heights prison

We work a dangerous environment!


As Epstein died, guards allegedly shopped online and slept

I don't know if these CO's did this or not. But this is an example of how important it is to do your job! Do your checks and for God's sake never falsify an entry. Often a falsified entry can get you in more trouble than a missed round.

Hennepin County Haunted jail?

For years it has been rumored that there was a ghost haunting the Hennepin County jail. Myself and many other people who worked there have our own stories.

The Southwest Journal has an article about that, thought I'd share.

For those not familiar with the HennepinCounty Jail,the old jail and Minneapolis City Hall share the same building.

"Steven Maxwell was way up in the vaulted ceilings of the library in City Hall one night in the 1980s, vacuuming up fallen plaster and dust when he felt the hair on his neck stand up.

All by himself, Maxwell felt a cold chill and then came the voice...."

FULL STORY

Detention Deputy Down

From Blue Lives Matter:

Maricopa County Sheriff's Office Detention Officer Gene Lee served his department for six years.

Phoenix, AZ – Maricopa County Sheriff’s Office (MCSO) Detention Officer Gene Lee died in the line of duty on Wednesday night after having been attacked by an inmate inside the jail the day prior.

Sadly as in the death of many CO's killed on duty, it was a violent one.   

FULL STORY

RIP Gene Lee