Two CO's asaulted, Stillwater MCF on lockdown

 The AP is reporting-

STILLWATER, Minn. (AP) — A state prison outside of St. Paul remained on lockdown Monday after an inmate injured two correctional officers over the weekend, Minnesota Department of Corrections officials said.

Officials said the attack happened at the prison in Stillwater about 4:40 p.m. Saturday during a routine search of an inmate’s cell. Both of the officers were treated at area hospitals and released.

The inmate has been transferred to a maximum security facility, corrections officials said.

Officials say they are trying to determine how the incident connects with another assault in late January that left two officers injured, as well as other unspecified issues at the facility.

In 2018, an inmate killed 45-year-old corrections Officer Joseph Gomm at the Stillwater prison.

Presentation of Pension Working Group Report.

On February 15th the 911 Telecommunicators Pension Benefits Working Group made their presentation to the Legislative Commission on Pensions and Retirement (LCPR). This was just a hearing. Hopefully the idea of placing dispatch into the PERA Correctional Plan will end here.

I was able to testify on our behalf at the 17:53 time mark and again at the 25:20 mark.

Here's the video:

For more go to the MNCORA Blog and MNCORA.ORG

If you haven't already email mncora@protonmail.com and join, it's free!

Feb. 10 PERA Update

 I attended the PERA Board meeting today.

It was reported to them that the 911 Telecommunicator Pension Benefit working group DID NOT REACH CONSENSUS ON ADDING DISPATCH TO OUR PENSION.

The report was sent on to the Legislative Commission on Pensions and Retirement and they will make decisions from there. PERA does not make pension law the State Legislature does. I will keep you posted.

They also approved an actuarial study about raising our cost of living COLA.

Watch this blog, the MNCORA blog  and MNCORA.ORG for  pension news.

911 Pension Working Group Report

The 911 Telecommunicator Pension Benefits Working Group has submitted their Report to the Legislative Commission on Pensions and Retirement.

You can read it here:

https://drive.google.com/file/d/17tLAxWGThZnxGnJyeyPwcnKfuV2_8FFk/view?usp=sharing

Pay close attention to MNCORA.ORG for updates.

This looks funny

 This is a follow up to the post Final Draft Approved for the 911 Telecommunicator.

The Working Group sends out a 'Doodle' asking availability before they schedule a meeting. The PERA member had indicated she was NOT available for that time slot and the MSRS Stillwater CO was not listed on the 'Doodle.'

The report isn't due until March 1st. I find it hard to believe there wasn't another time, in the one month left before the Report is due they couldn't find  a time that worked for the only 2 voting CO's in the group! Heidi Pauman is the PERA CO. She was available at 3, they scheduled the meeting for 9 AM.

Nationwide Federal Prison Lockdown

The federal prison system has been placed on a nationwide lockdown after two inmates were killed and two others were injured Monday during a gang altercation at a federal penitentiary in Texas.

The incident happened around 11:30 a.m. Monday at USP Beaumont, a federal prison in Beaumont, Texas. The altercation involved members of the violent MS-13 street gang, two people familiar with the matter told The Associated Press. The people could not discuss an ongoing investigation and spoke to the AP on condition of anonymity.

Full Story CBS

Final Draft approved for the 911 Telecommunicator Pension Benefits Workgroup

Today the 911 Telecommunicators Pension Benefits workgroup met, made final changes and approved the Report to be given to the Legislative Commission on Pensions and Retirement.

Sadly the only 2 voting Corrections Officer's, the one representing PERA Correctional Plan members and the one representing State CO's were NOT in attendance.*

There was no consensus on improving the Dispatch pension. The line recommending not adding dispatch to the PERA Correctional plan was scratched, but no line was added to recommend it either.

*See updated blog post.

Next stop is a presentation to the full LCPR.

Full Story here-https://mncoretirementassociation.blogspot.com/2022/01/911-telecommunicators-pension-benefits.html

How to grieve the vaccine mandate

 Hennepin County has ordered all of it's employees to get the covid vaccines by April or face termination. This is wrong on many fronts, medically, morally, legally and contractually. Other employers have already lost in court their forced vaccination mandates. Here's how to do it at Hennepin County. This will be specific for the MNPEA Detention Deputy Contract but is easily adaptable to them all. 

TALK to the MNPEA Lawyers and Stweards!

Here's the link to the Agreement (contract) https://www.hennepin.us/-/media/hennepinus/employees/labor-contracts/mnpea-vv-2019-2021-final.pdf

Article One section one states this is ...the Complete Agreement between the parties...

Detention Deputies worked through the entire Covid 'pandemic.' They worked even before the vaccines were available. At this point many if not most have had Covid contracted in the jail and carry natural immunity. Also at this point any who wanted the vaccine have had it. The County is coercing the rest on pain of being fired. It is now fact that the vaccines neither prevent, nor stop the spread of Covid so mandatory vaccination seems pointless.

So here's my sample grievance. I would advise MNPEA members to talk to the MNPEA lawyers and Stewards  to better craft it for you. Also VERY IMPORTANT, if more than one signs on it can be done as a class action grievance covering the entire bargaining unit.

GRIEVANCE (Sample)

Date__________

Name______________________________________________

I __________________ am not willing to take the Covid 19 Vaccinations being mandated by the Employer Hennepin County.

Section of Agreement violated:

Section one Article One. This was not negotiated and as such cannot be ordered. It must be negotiated.

Furthermore the Mandate ignores natural immunity. Religious exemptions, medical exemptions and bodily autonomy must be recognized.

Grievant signature:                                                                    Union Representative:

Supervisor/Employer Signature:

 

Use whatever form MNPEA has now and talk to your Steward. Furthermore this opens up Hennepin County to lawsuits. There are known injuries to have occurred from the vaccine and if Hennepin County insists on mandating there may be financial consequences. 

Is Hennepin County willing to reimburse an employee for time off due to temporary side effects? Long term conditions such as blood clots, Bells Palsy, Myocarditus, strokes, death...? I'd make sure I had a guarantee in writing. While they may argue these are rare, they happen and if forced and they happen to you will the County step up?

Links:

https://www.mprnews.org/story/2021/12/23/judge-halts-vaccine-mandate-for-st-paul-city-employees

https://abcnews.go.com/Health/wireStory/chicago-drops-police-union-lawsuit-vaccine-mandate-81507548

https://nypost.com/2022/01/21/texas-judge-blocks-biden-vaccine-mandate-for-federal-workers/

Pension Benefits Working Group Update

One more meeting is scheduled on January 28th for the 911 Dispatch Pension Working Group. Presumably to finalize the letter to be given to the LCPR.

No consensus was reached improve the Dispatchers pension or to add them to the PERA Correctional Plan.

I will keep you posted.

Is Sheriff Hutchinson being treated the same?

Hennepin County Sheriff Dave Hutchinson plead guilty to a dwi crash. He had a blood alcohol level of .13, there was also evidence of THC use, crashed a $75,000 County owned vehicle and was carrying his firearm. Being Sheriff he was returning from a Sheriff's Conference and was considered on duty.

In an interview given to Fox 9 he says he "received no special treatment" and  is "being treated like everyone else." Is he? 

Yes he was given 2 years probation and fined $610. He says he will make sure Hennepin County tax payers don't have to pay for damages, but what about everything else?

As a Union steward at the Hennepin County Sheriff's Office for over 20 years what about discipline? Sheriff's Office employees are almost always given a suspension without pay. One supervisor driving a Sheriff's Office vehicle under the influence was given almost one month off without pay and demoted. Is Hutch giving up any pay? I represented a few members who had gotten DWI's and there was almost always time off. This is setting a new precedent. No discipline beyond Court ordered. As to the THC, that's grounds for firing and losing the ability to purchase or carry a firearm! I realize an elected official can't be fired, but again this is precedent setting. 

Photo Alpha News

It's illegal to carry a firearm under the influence of alcohol and/or drugs. MSS 624.7142 states that is also a crime, a misdemeanor and you can have your ability to carry a firearm suspended. That happened to around 37 citizens last year. Hutch?

Employees of Cities and County's are generally banned from driving Government owned vehicles after a DWI even in a personal vehicle. Is the Sheriff still going to be driving a Hennepin County owned car?

Other Peace Officers have had their POST License suspended after DWI's. Will Hutch? If so how can he remain Sheriff if his License is suspended? It's a requirement of the Office.

The average citizen also has their drivers license suspended and their entire household gets 'whisky plates' put on their cars. Will his license be suspended? Will he and his Husband get whisky plates on their cars?

If I was a still a Union Steward at the Hennepin County Sheriff's Office I'd be asking for all past and future suspensions of members be returned for DWI's for the duration of the Hutch Administration. What's that popular term now? Oh yeah, Equity.

Obituary for Karen Clossey

 I was very sad to hear of Karen's passing. She was 54, way too young. I worked with her for many years and had a few drinks with her over the years.She always had a smile and a great sense of humor. RIP, you will be missed.

Vaccine mandates and CO shortages

Corrections Officers worked all through the pandemic. Many of them, too many, caught Covid, recovered and kept working. They were called heroes.

Suddenly they are being told to get vaccinated against Covid 19 or be terminated. Some thanks. Well many CO's are refusing. There are many reasons, already have natural immunity from having it, religious exemption, and gasp, free will.

Employers public and private use coercion to force vaccines on the unwilling. The threat of losing your livelihood is a strong threat. But many employers are finding that's a two way street. More and more industries have had to reverse course on mandating the jab because workers have chosen to withhold the labor they need.

That is happening now in Corrections. Pima County, Arizona is now requiring all CO's to be vaccinated or face being fired. 158 of the 371 CO's are not vaccinated. There are calls to 'reduce inmate population' if the unvaccinated are fired!

At the end of the day labor is a two way street between employer and employee. 

Full story Western Journal.

The passing of Karen Clossey

This was  forwarded to me. There is no other information available at this time. I worked with Karen for many years. I will pass on when it becomes available. RIP friend.

HCSO Sheriff Hutchinson charged with DWI

 

KSTP is reporting that Hennepin County Sheriff Dave Hutchinson has been charged with 4 counts after an impaired driving crash.

FULL STORY

I hope he gets the help he needs.

HCSO Sheriff Hutchinson involved in possible DWI.

 KSTP is reporting that Hennepin County Sheriff Hutchinson was involved in a single vehicle roll over crash around 2:30 AM this morning. The Sheriff is injured and in the hospital. State Patrol said impaired driving is suspected and took a urine sample. The case will be reviewed by the Douglas County prosecutor.

The position of this blog has always been due process. So first off I wish Sheriff Hutch a speedy recovery. 

However, if he was driving impaired there is great concern.

He was at the Minnesota Sheriff's Association's winter conference. That means he was on duty AND driving a County vehicle. If true this is a can of worms. He has disciplined employees for DWI's and they have at times been given suspensions without pay. His Sheriff's Office issues DWI complaints against the public with severe consequences. Imagine the cost to Hennepin County tax payers if he injured or killed someone?

He admittedly is held to a higher standard, and should be held to higher consequences if found to be true. 

Here's the last few hours of the Schedule for the MSA winter conference. 

It's quite possible he enjoyed "The Brassholes" then the cash bar before driving.

To err is human. If you're the Sheriff who's job is Public Safety, Law Enforcement and disciplining employees, and you drink and drive, the trust is broken.

It's possible he was just tired and it was an accident. If proven otherwise public trust, the integrity of the Office of Sheriff, and the respect of the rank and file would demand he step down.

Dec 3rd Workgroup meeting-Final?

Friday Dec 3rd we had what may be the final Pension Work Group meeting. The Chair Dar Pankonie went around and asked the Members if 911 Dispatchers should have an enhanced pension. There was NOT a consensus other than the dispatchers. The County and City Groups argued cost and whether an enhanced pension was what was needed to attract employees.

Then it was asked if the pension were to be enhanced whether they should be added to the Correctional Plan.(Remember when they tabled it I said tabled doesn't mean gone). Again, no consensus. Heidi the PERA CO from Sherburne County mentioned an assault on staff with a bucket of feces being dumped on a CO's head and said the jobs have no comparison. Dan Gorman from the State CO's argued pension doesn't come up when hiring people and I brought up that when a CO goes to work we don't know if we will be going home, to the hospital or the morgue. Dispatchers don't have that risk. 

At this point some of the dispatchers became very emotional arguing their job is dangerous too. 

Are we out of the woods? NO!

The report is being written by Chad Burkitt the Analyst for the LCPR. He wrote the 'memo' suggesting there was no statute for CO's having our pension. I asked him if he knew why  the 40/60 split is in statute 353.63, he replied he didn't. Only Police, Fire and Corrections pay into their pensions with that formula.

He stated during the meeting dispatchers are Public Safety too. There is no 'Public Safety Pension'. There is Police and Fire and Corrections. Calling 911 Telecommunicators Public Safety (which they are) doesn't qualify them for our Pension. While he must say the committee didn't reach consensus, we won't know the slant or recommendation of the final report until it's done.

They stated they wanted this to be our last meeting but once the report is done and sent to the members of the Work Group they said we may have one more if the Work Group had questions. I would be surprised if that happened.

The process going forward is for the Work Group's report to go the LCPR who will in turn pass it on to Senator Bigham and the Pension Retirement Committee.

There was no consensus and I hope this is the end of trying to add Dispatchers to the PERA Correctional Plan.

If not we fight on.

Watch the Detention Home blog soon for video highlights. 

Happy Thanksgiving!

 

November 16 Working Group Update

 The 911 Telecommunicators Pension Benefit Working Group met on November 16.

The Chair apologized for cancelling the November 9th meeting she says there was a scheduling conflict.

A Vice Chair was elected so if the Chair is ever absent again the show can go on.

As most readers of this blog know opposition letters came in from MNCORA, 88 Hennepin County Detention Deputies and 3 PERA Correctional Retirees. It seems to have got some attention.

At this meeting the Chair said she "got off the rails" by only focusing on two choices for Dispatchers, their current General Fund Plan and the PERA Correctional Plan and she was "tabling" the Correctional Plan so they could consider other options.

Tabled does not mean gone as an option.

The meeting got very long and they did not get through the whole agenda. I tried to question Chad Burkitt about his memo to no avail. It should be the first item at the next meeting.

Chad Burkitt memo for Pension Working Group is wrong!

 On November 8th, Chad Burkitt, Analyst for the LCPR published a Memo on the Agenda for the 911 Telecommunicator Pension Benefits Working Group. 

He cites Minnesota Statute 353.63 which spells out which Public Employees receive special provisions for retirement, disability , etc.  "...Since this work is hazardous, special provisions are hereby made for retirement pensions, disability benefits and survivors benefits based on the particular dangers inherent in these occupations..."

He then compares it to the State Plan under MSS 352.90 which specifically mentions "certain correctional employees..." 

Mr. Burkitt then comments on the bottom of the first page of his memo, "We found no similar policy statements for the PERA Local Government Correctional Service Retirement Plan or the MSRS State Patrol Plan." 

This is patently FALSE! The entire State Statute section of 353 is Public Employees Retirement Association (PERA) and 353.63 does not exist in a vacuum but is a comprehensive part of the PERA Correctional Plan! 

MSS 353E.o2 spells out the PERA Correctional Plan.

MSS 353.031 Sub 2 Directly ties police and fire and corrections to the Retirement plan in 353.63! 

"Subd. 2.Plan document policy statement.

 Disability determinations for the public employees general fund must be made subject to section 353.01, subdivision 19; and for the police and fire plan and the local government correctional service retirement plan must be made consistent with the legislative policy and intent set forth in section 353.63."   (Emphasis mine.)

What's the big deal? First off Chad Burkitt is an Attorney and an Analyst for the LCPR. As such his legal memos should be correct. Secondly, the LCPR is supposed to be neutral as to what this Working Group decides as far as possibly increasing 911 Telecommunicator Pension Benefits and even adding them to the PERA Correctional Plan. 

His memo appears to put his thumb on the scale in favor of adding Dispatchers to the Correctional Plan. Why is a supposed neutral party even contributing a Memo to the Agenda of the Working Group?

A good question!

Pension Work Group update and Letters

The cancelled Pension Work Group meeting has been rescheduled for Tuesday the 16th. The last meeting was cancelled by the Chair and couldn't proceed without her because there was no Vice Chair. I'm glad to see that the first order of business after attendance is Election Of Vice Chair. 

Here's the Agenda for the 16th: https://www.lcpr.mn.gov/documents/911WorkGroup/Agenda_11.16.2021_911_Working_Group.pdf

MNCORA submitted a letter opposing the addition of 911 Telecommunicators to the PERA Correctional Plan and included letters from CO's. Thank you MNCORA and to all who signed at Hennepin County PSF and those who submitted individual letters.  My understanding is more letters are coming from across the State as opposition is growing. 

The Pension Commission has a page where they list Information From Stakeholders.

Mid page you can read MNCORA's letter and those submitted by the HCSO Detention Deputies and retirees. 

An interesting observation, the letters submitted have the names of the individuals who submitted them LELS's letters are all anonymous!

I will update as news comes in.