12 hour days?

I came back from vacation last week and landed in the land of the 12 hour day scuttlebutt. 

Background

5 years ago the Hennepin County Sheriff's Office took us off of the 6/3 schedule, and with the pound of a fist put us on the 28/8 schedule.

For 5 years the Sheriff's Office  REFUSED to discuss or entertain other options. As recently as a few weeks ago at negotiations with MNPEA Detention Deputies and Dispatchers they again refused citing, "employer right."

For some very relevant background read my post form 2005, Schedule Facts For Teamsters (we were Teamsters then.)

It seems an odd coincidence that once the HCSDA endorsed challenger Ediie Frizell for Hennepin County Sheriff that the current Sheriff is suddenly interested in changing from the unpopular 28/8 schedule.

All of the sudden there's a steamroller blazing the way to a 12 hour day. 

Fact 1

While refusing to talk to MNPEA Detention Deputies about alternate schedules for 5 years, a letter from Chief Deputy Carlson reveals they have been discussing just that with the HCSDA (licensed deputies) since last February!

They then added some Detention Deputies to this committee a couple of weeks ago, that as far as I can tell is only interested in a 12 hour schedule and how best to implement it. THERE WAS NO SURVEY OF DETENTION DEPUTIES! It is a piggyback onto seven months of licensed deputy talks. When I questioned Sheriff Stanek about this when he addressed us at a "meet and greet" on July 29th he said, "If it's good for the licensed deputies, it's good for detention, right?" 

Not so fast.

In an effort to find out what schedule preferences our members want a survey is going out with the contract vote ballots this week. We want to know what you want. To be sure some want 12's and some don't. To properly represent we need to know.

Bum Rush

Major Storms told the committee that they need an answer by this Wednesday. According to one of our stewards, when informed that the survey being mailed out wouldn't be back by then, Major Storms said to just verbally ask our members, because they needed to know it by Wednesday in time to implement the shift bid.

So for five years they won't discuss the schedule now they want an answer pronto. 

Sounds more like they are trying to appease themselves and implement a new schedule like they did the 28 day, but if it proves unpopular they can say, "This was the Union's idea."

Fact 2

The schedule is an inherent managerial right. (Minnesota State Statute 179A.07, Agreement Article 6, Sec. 1.)

The Sheriff can put us on whatever schedule he sees fit. Any schedule is ultimately the Sheriff's.

However,

That schedule must fall within the guidelines of the contract.

Here's what our contract says:

ARTICLE 10 - WORK SCHEDULES - PREMIUM PAY 

Section 1. This Article is intended only to define the normal hours of work and to provide the basis for the calculations of overtime premium and other premium pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. 

Section 2. A payroll period shall be an averaged eighty (80) hours. 

Section 3. Work shifts, work breaks, staffing schedules and the assignment of employees thereto, shall be established by the EMPLOYER. 

Section 4. For Detention Deputies, worked hours in excess of the assigned work shift of eight (8) or more hours or an averaged eighty (80) hours per payroll period, with the exception of the twelve mandatory training hours for employees on a 6-3 schedule, shall be overtime and compensated at one and one-half (1 1/2) times the employee's base pay rate, or one and one-half (1 1/2) hours compensatory time for each hour worked, subject to the provision that no employee shall be eligible for overtime premium unless prior approval of the overtime work was granted by the Sheriff or his designee
(bold type mine)

As long as a 12 hour schedule equals 80 hours a pay period, the Sheriff can impose it. The problem is every pattern I've seen laid out in the string of emails is 84 hours a pay period. That's an increase of 104 hours a year more at work.

There are two ways around it. One, pay that extra 4 hours as time and a half or make one workday every two weeks an 8 hour day.

Problems

1).There is an idea floating around that the union can just get a Letter of Understanding with the Sheriff to make the extra 4 hours a pay period straight time. That is not true. It is solid contract language and as such can only be NEGOTIATED at contract time. They let that window pass, and the next time that can be opened is in 2 years, but hey, for the last 5 they had no interest in discussing it.

2).The cynic in me can see the Sheriff claiming the 12 hour day can't work without concessions, concessions that can't be made outside of contract negotiations, and then blaming the Union because it couldn't work. I suspect this is a ploy to either feign wanting another schedule or a ploy to get your first 104 hours of overtime at straight time.

3). According to steward Phil M., Major Storms said that 16 hour days were a possibility if we were short.

4). Drafts on days off are possible. Currently at Dispatch they are on a 10 hour day schedule, 4 on 3 off. Well, not exactly. Due to short staffing they work overtime almost every day and are often forced to work 1 and sometimes 2 of their days off. This could happen to us if we go to 12's.

Reality is, going to 12's would be a hardship to anyone with kids in daycare, anyone who wants to attend their kids activities and anyone trying to go to school.

If implemented as I've seen emailed, you would be at work 104 more hours a year than now. There are 80 hours in a pay period, that's almost two and a half weeks MORE time at work!

At first there would be little to no overtime. Then the extra deputies would be transferred to the very short Courts Division.

Again, OK at first.

Then as staff continues to leave due to low pay, and maybe some due to the 12 hour day our compliment will fall.

Now add in some 2 man hospital guards, sick calls, and prime time vacation and you have 16 hour days and drafts on days off. Suddenly you aren't off, "half the year," as I hear some proponents saying.

Speaking of sick time, vacation time and holidays. This is how it would work with current contract language. Which again, can't be changed for 2 years if they actually choose to negotiate.

If you call in sick you will burn 12 hours a day. If you stay home 2 days to care for a child with the flu you just burned 24 hours. It'll take you 3  months to get that back, and let's not forget how quickly you will hit their 96 hour sick time limit.

If you take a vacation day, again you burn 12 hours.

Sick and vacation accruals WILL NOT CHANGE. It is a county wide benefit and accrues as hours, not days. 

Holidays would work like this. If you work a Holiday you would get paid 12 hours at time and a half and still get only 8 hours of either Deferred Holiday or Deferred Holiday paid out.

If you took the Holiday off, you would receive ONLY 8 hours of Holiday pay. I don't know how the other 4 hours would be accounted for. 

These are just some of the problems I see with a 12 hour day. 

I will not hide the fact I am no fan of 12's, but if the survey comes back and a majority of our members want it, as a steward I will support you.

I just want you to go in with both eyes open.

Video of Eddie Frizell speech 7/29/14

Video of Stanek 7/29/14 speech

Eddie Frizell Speech to MNPEA 7/29/14

Thanks to Dave Bentzen for providing audio wav.

Rich Stanek Speech to MNPEA 7/29/14

Thanks to Dave Bentzen for providing audio wav.

Candidate Websites for Hennepin Co. Sheriff

These are the official websites for both candidates running for Hennepin County Sheriff. Both candidates will be at the Meet and Greet on the 29th. Come, listen, ask questions.

EDDIE FRIZELL

http://www.frizellforsheriff.com/





RICHARD STANEK

http://sheriffstanek.com/

Hennepin County Sheriff Race Headlines

Hennepin deputies endorse Sheriff Stanek's opponent, MPD's Frizell Fox 9

Mpls. deputy chief of police to run for Hennepin County sheriff Star Tribune

Frizell Beats Stanek In Henn. Co. Sheriff’s Deputies Assoc. Vote  CBS

Meet and Greet-MNPEA Release

Contributed by Mike Golen

Attention all Detention Deputies, Detention
Technicians, Henn Co, MPLS & Edina Dispatchers 
and MNPEA Members living in Hennepin County. 

Come and join us for a “Meet and Greet” party 
with fellow union members & co-workers. MNPEA 

Director Mike Golen and MNPEA Vice President Tom Perkins will both be there. 

We have invited the candidates running for Sheriff 
to come for part of the meeting and speak to us and
answer questions. 

4PM Rich Stanek – 4:30PM Eddie
Frizell - for approx 20 minutes each. 

Come and be better informed on what is happening 
with your union. 

Where: Di Noko’s Pizza - 420 S 4th

(Next to Goldberg Bail Bonds)

When: July 29th

*25% discount on all food with work ID - Happy
Hour from 3-7PM.

 St, MPLS, MN

 (Tuesday) from 3PM till when ever...

Meet and Greet Union Mtg with Sheriff's Candidates

Shared by Carol Orcutt

Meet and Greet Union Mtg with Sheriff's Candidates

Attention all barganing units under the Sheriff's Office with MNPEA

Come and join us for a “Meet and Greet” party with your fellow union members and co-workers. Share some thoughts with our MNPEA Business Agent Michael Golen. He’ll be available to answer any questions about our union.

Also Sheriff Richard Stanek and Sheriff Candidate Eddie Firzell will be there to speak to us and answer questions from: 4 PM to 5 PM

Stop over even if you don't’ want to discuss union things and just hang out. If nothing else you’ll be better informed on what is happening with our union.

Where: Di Noko’s Pizza Next to Goldberg Bail Bonds 

When: July 29th (Tuesday) from 3PM till when ever…

There will be a 25% discount on all food with work ID and happy hour is between 3-7PM.

Let’s make it a fun informational gathering.

Eddie Frizell

Rich Stanek

What's it like being a corrections officer?

Each year over 33,000 Correctional Officers are assaulted. In the last year records were released on the prosecution rates of those assaults, only 10.9 percent resulted in prosecutions. Yet over 20 percent of the Officers assaulted required medical attention. How loud would the public outcry be if only one in 10 assaults on our city streets, where the assailant was clearly identified, were prosecuted? What would morale be like in our police departments if only one in 10 assaults of our cops were prosecuted? What would our communities be like if the criminal element knew they had only a one in 10 chance of being prosecuted, even if we knew who they were and could prove they committed the assault?

The number and severity of the assaults behind the walls has dramatically increased in the past decade. In the past six years, 47 of our brothers and sisters have died in the line of duty. With continued overcrowding, understaffing and more violent gang members being incarcerated, it will only continue to get worse. But, assaults aren’t the only problem we face.

FULL STORY CorrectionsOne

Arbitration FAQ

1. What happens in an arbitration? 

When essential employees and their employer deadlock in negotiations they file for arbitration. As essential employees we cannot strike.
The rules for arbitration are spelled out in Minnesota State Statute 

179A.16 INTEREST ARBITRATION

Both sides file their final positions to the arbitrator. 

A hearing is then held where both side present their positions to the arbitrator. It's much like a courtroom setting, testimony, witnesses and exhibits.

Briefs are filed by both sides, usually within a couple weeks of the hearing. The arbitrator then has 30 days to publish the decision.

An arbitrator is supposed to treat the arbitration as if the essential employees are on strike and make a decision considering what it would take to end a strike.

2. Will we get less than the employers offer that was rejected?

Not likely. The County's main argument is ALWAYS the pattern is set. They always compare  the three essential county corrections groups; the Workhouse, Juvenile Center and the Adult Detention Center.

As a matter of fact if you peruse the arbitrator decisions at the BMS site you will see that no one in any county has received less then the employers last 0ffer. arbitration! http://mn.gov/bms/arbitration_awards.html

For an example here's the arbitrator's decision for us from 2012: BMS Case No. 12-PN-0697

Here's a quote from that arbitration:

In the County’s view, MNPEA offered no compelling, different or special 
circumstances that would justify the MNPEA’s offer and granting the MNPEA’s offer 
would destroy the internal wage relationship that has existed for years with the County’s 
other correctional officers not represented by the MNPEA, such as the Juvenile 
Correctional Officers represented by the Teamsters and Correctional Officers at the Adult 
Correctional Facility in Plymouth represented by AFSCME

So there you have it, the County's game in their own words from the last arbitration. Both the County Correctional Officers and the Juvenile Correctional Officers received steps, a 2.5% Cost of Living Adjustment (COLA) and 1% Market Adjustment for those at the top step only for 2014 and 2015.  

The ONLY difference in the offers was that dispatch was to get a 2% market adjustment in 2014 only across the steps.  The county still wasn't deviating from the 2% market adjustment, just giving it all to dispatch the first year and including those in steps.

I still firmly believe dispatch deserves the market adjustment across the steps, but so does everyone in our bargaining unit.

The County will have to offer the market adjustment in arbitration, and even if they didn't we would argue it...only higher to get us where we should be.

I'm still voting no.

Don't Talk to Detectives about PREA without an attorney

It happened again today. One of our new Detention Deputies was told to report to a Sergeant’s office and give a statement to a Detective regarding a PREA complaint. 

Is that the place for a formal statement?

A PREA investigation IS criminal. It is voluntary. If you decide to talk, call our attorney! You CANNOT be ordered to talk. This is 5th Amendment stuff.

MSS 241.026 states 

Subd. 3.Governing formal statement procedures.

The formal statement of an officer must be taken according to subdivision 4.

Subd. 4.Place of formal statement.

 

The formal statement must be taken at a facility of the employing or investigating agency or at a place agreed to by the investigating individual and the investigated officer.

Subd. 5.Admissions.

 

Before an officer's formal statement is taken, the officer shall be advised in writing or on the record that admissions made in the course of the formal statement may be used as evidence of misconduct or as a basis for discipline.

REALITY is 99.9% of these investigations are unfounded. However, even if you are “just a witness” an investigation can take a turn on a dime. Could a “witness” be accused of not reporting? Covering up? Being complicit?

NEVER EVER TALK TO A DETECTIVE OR PARTICIPATE IN AN INTERNAL AFFAIRS INVESTIGATION (I.A.) WITHOUT OUR ATTORNEY.

Just a few weeks ago a Lieutenant was conducting I.A. investigations via email!

 I notified our attorney to call the jail Major This has to stop.

You must participate in an Internal Affairs investigation, but are entitled to have our attorney present.

You do NOT have to cooperate with ANY PREA interviews as they are voluntary. That’s right, they are criminal and you have the right not to talk. If you choose to talk, bring our lawyer.

MNPEA Legal Hotline: 651/287-8883

M.S.S. 241.026 

Subd. 9.Retaliatory action prohibited. 

No officer may be discharged, disciplined, or threatened with discharge or discipline as retaliation for or solely by reason of the officer's exercise of the rights provided by this section.

Subd. 10.Rights not reduced.

The rights of officers provided by this section are in addition to and do not diminish the rights and privileges of officers that are provided under an applicable collective bargaining agreement or any other applicable law.

Furthermore Article 34 in our contract says you are entitled to your Union representation as do your Federal Weingarten Rights.

Why Correctional Turnover is so High

This is from CorrectionsOne:

I wish the Sheriff and every County Board member would read this:

...The public is aware of the fact that criminals are incarcerated after conviction and are also aware of the fact that correctional institutions require funding, often having a detrimental impact on taxes. The public seems to realize that corrections is necessary, but the persona of corrections in the public atmosphere is one of loathing.

Corrections is not viewed in a positive light, nor do taxpayers seem to appreciate the corrections facet of the criminal justice system. Generally speaking, no matter what level of government corrections may fall under, it will undoubtedly be the first to have hiring freezes, budget cuts, and underfunding. Corrections is known, but the ideals behind corrections and all of the funding that is required to successfully operate safe and stable facilities are unknown...

The starting salary for corrections professionals is typically lower than their patrol counterparts, the training received by corrections professionals is collectively less than other agencies receive, and the work corrections professionals do tends to be overlooked by society. All avenues lead to the conclusion that corrections is simply not as good as patrol. ..

Corrections requires adequate funding and training in order to combat the high influx of offenders, the complexity of gangs, and the revolutionary ways that offenders have learned to “beat the system.” Staff allegiance, retention, and respect would most likely be the result of corrections being recognized as an equal to that of the patrol counterparts. As a collective system, patrol and corrections need to be equal so that law and order can prevail and offenders can be more tactfully monitored, disciplined, and rehabilitated.

FULL STORY

Kitten for Sheriff's Response to the Hennepin County Sheriff Challange

As promised the candidates responses will be added un-edited. Thank you Kitten for Sheriff. I await the reply from the other candidates.

I sat Kitten down and got some answers for your detention blog:

---

1. Why do you want to be Hennepin County Sheriff?

Humans have ruled over Hennepin County for far too long. It’s time to let the kittens take over and make this county the best place to live, work and play in. Kitten is tired of seeing the criminals in power get away with massive crimes against people and the planet. Kitten will start arresting the real criminals such as war criminals, bailout criminals, CEOs, politicians, and others who continue to cause harm without any consequences.

2. What are your qualifications?

This is Kitten’s second attempt to run for Sheriff of Hennepin County. In 2010, Kitten was the only candidate who ran against the current incumbent as a write-in and had supporters from all walks of life. Kitten is sometimes called the “cutest candidate ever”. Along with Kitten’s youthful appearance, Kitten is full of fresh ideas such as Operation Litter Sweep – where Kitten asked those in power to turn themselves in.  

As with all licensed felines in the City of Minneapolis, Kitten has received all the necessary shots. In fact, Kitten is the only candidate for this office who will tell you upfront that they got the rabies shots!  Wouldn’t you prefer having a Sheriff who you can trust not to suddenly turn rabid?

3. Jail staffing currently has decreased professional Detention Officer ranks and greatly increased more expensive Licensed Deputy staff in the jail, one thousand dollars a month more per Licensed Deputy. Would you continue that trend?

Kitten doesn’t like wasted taxpayer money – or spilled milk!   If Kitten is elected, licensed deputies will be placed back into the streets to chase away DHS drones as DC may be a bit mad at us when we arrest a good chuck of their leaders. 

Thus, Kitten will make sure staffing at jails should be limited to those who are trained to do that job in a cost-effective manner.  If more support is required, a new crew of feline deputies may be trained and added to patrol and keep levels of vermin down.

4. The jail schedule was changed from a 6/3 schedule in 2009 (after 32 years), to a 28/8 schedule which has led to low morale. It can take up to 5 years to get a weekend off. If elected are you open to a different schedule? A return to 6/3?

Yes, Kitten will create a brand new schedule. Why are jails open on the weekends in the first place? Kitten will give everyone the weekend off and close the jails. We’ll just leave some self-serving kibble and water dishes for any war criminals who continued to misbehave and don’t earn their weekend pass.

5. The Hennepin County Jail is the largest jail in Minnesota and the only ACA accredited jail in Minnesota, yet the Detention Deputies are the lowest paid in the seven county metro area. What would you do to correct that?

This situation will need to change immediately if Kitten is elected and the jails are filled with actual criminals.  Unfortunately, criminals in power are notorious for bribes and may try to bribe deputies for favors. Thus, we’ll have to make sure that the benefits and pay are the best in the country for anyone who has to watch over criminals in power.  

6. The Hennepin County Dispatchers are understaffed and underpaid. The result is massive turnover at time when the new $33 million Dispatch Center is set to open. What will you do to turn that around?

That’s easy. Buy up nearby farming land and self-fund the Dispatch Center with the sale of “catnip”. People will want to move here and work in our county then.

7. Would your administration continue gathering of citizens’ cell phone metadata using the Kingfish tracker without warrants?

No, way!!! Kitten has been on the record since 2010 as being against these creepy Kingfish surveillance devices. Cats are natural enemies of Kingfishs.  If elected, Kitten will round up all the kingfishs (and stringrays!) and hold a massive “fish fry” party!  All residents of Hennepin County will be invited to watch the devices “fry” while enjoying a selection of hot foods and cool beverages.

8. The current Sheriff spends considerable time in Washington D.C. away from Hennepin County, 4 to 6 times a month. Would your administration continue that practice?

If elected as your new sheriff, Kitten will only need to visit D.C. twice during the whole term.  The first visit will be to serve warrants to all the criminals in power and the second time to arrest any politicians who don’t turn themselves in.  Kitten may need to visit a few other locations across the country if criminals or politicians are hiding there such as Wall Street but out-of-state visits will be limited to official duties only.

9. What is your position on conceal and carry?

Oh humans, why did you lose in the game of evolution?  Kittens already have their own “carry and conceal” claws and are a bit confused by human weaponry. Regardless, humans can come into the Sheriff’s office and ask for a permit if they wish.  Kitten will need to limit the permits for drone hunting to 2 drones per person per year!

Contract Negotiation update

Today we met again with Hennepin County for "negotiations."
The Sheriff's Office sent no one.
We explained to the County why their offer was voted down.
They left the room.
The mediator tried to nail down the main dispute. We replied money and the parameters for the 28 day schedule not being in writing.

The County pulled their offer and we began trying to nail down items for arbitration.

The mediator was still wanting to work out a settlement if possible.

We gave it one last shot (or so I thought). We told the mediator that if they offered the market adjustment (1% in 2014 and 1% in 2015) across the steps for all job classes in addition to the 2.5% Cost of Living the members would probably vote it in.

The county rejected the offer. They do not want to give a market adjustment to those of you not at top pay, unless you are a dispatcher.

Much discussion took place among the stewards. The majority of stewards felt the members didn't understand the "risk" of going to arbitration and felt the County's last  offer should be re-voted.

I was among those who thought that we should  just go to arbitration, as the membership already voted the offer down and get it done, but democracy prevails.

You will again receive a ballot for the last offer that you voted down.

My opinion has not changed since February.

No sense retyping identical words. Read my post from last time, my position is the same:

Mediation "Employers Best and Final Proposal"

And I will add the disclaimer this is not an official MNPEA blog or representative of the other stewards. It is just my opinion and clearly a minority one, at least among the stewards.

Hennepin County Board-Lucrative (Star Tribune)

As the fucks keep our wages the lowest in the metro-area, look what the Star Tribune is saying about them in their article:

Minnesota legislators swap Capitol careers for lucrative county paychecks

Rank-and-file Minnesota legislators earn $31,141 a year, plus an expense per diem, for a job that’s officially considered part time. But for up to half the year, the legislative calendar demands long hours, late nights, weekend meetings and frequent round trips between St. Paul and home. Political tensions can run high, media scrutiny can be intense and the fundraising for the next election endless.

Meanwhile, commissioners in 15 of Minnesota’s 87 counties earn more than their legislative counterparts — a few up to double and in Hennepin County near triple. With the higher pay comes regularly scheduled meetings, smaller budgets, more clear-cut issues and less partisan rhetoric....

Hennepin County has the highest-paid commissioners in the state, with a base salary of about $100,000. Tellingly, four of its seven commissioners are former legislators; political insiders jokingly refer to the Hennepin County Board as the Legislature’s retirement plan.

Linda Higgins

“That part of it is very agreeable to me,” said Hennepin County Commissioner Linda Higgins, a former DFL senator from Minneapolis. Higgins said her Senate pay was so low she had to take a part-time job to make ends meet.

and let's not forget Julianne Ortman...who both "serves" in the legislature and works for Hennepin County Sheriff Rich Stanek.

Hennepin County Sheriff Challenge

There are 3 candidates for the Hennepin County Sheriff's Office.

Eddie Frizell                           Rich Stanek

Kitten for Sheriff

The following questionnaire was sent to all three campaigns. The responses will be published unedited on this blog.

Hennepin Sheriff Challenge

This questionnaire is being sent to all of the candidates running for Hennepin County Sheriff in 2014.

Answers will be posted on the Detention Home blog http://detentionhome.blogspot.com.

Answers can be written or in video format and will be posted unedited.

1.       Why do you want to be Hennepin County Sheriff?

2.       What are your qualifications?

3.       Jail staffing currently has decreased professional Detention Officer ranks and greatly increased more expensive Licensed Deputy staff in the jail, one thousand dollars a month more per Licensed Deputy. Would you continue that trend?

4.       The jail schedule was changed from a 6/3 schedule in 2009 (after 32 years), to a 28/8 schedule which has led to low morale. It can take up to 5 years to get a weekend off. If elected are you open to a different schedule? A return to 6/3?

5.       The Hennepin County Jail is the largest jail in Minnesota and the only ACA accredited jail in Minnesota, yet the Detention Deputies are the lowest paid in the seven county metro area. What would you do to correct that?

6.       The Hennepin County Dispatchers are understaffed and underpaid. The result is massive turnover at time when the new $33 million Dispatch Center is set to open. What will you do to turn that around?

7.       Would your administration continue gathering of citizens’ cell phone metadata using the Kingfish tracker without warrants?

8.       The current Sheriff spends considerable time in Washington D.C. away from Hennepin County, 4 to 6 times a month. Would your administration continue that practice?

9.       What is your position on conceal and carry?

As stated above answers will be posted unedited.

Finally a challenger for Sheriff?

Eddie Frizell, Deputy Chief MPD and Lieutenant Colonel with the Red Bulls has filed to run for Hennepin County Sheriff. 

We need to talk to him.

Imagine a return to the 6/3 schedule?

We've had years of a bad schedule and poor morale.

Remember the Vote of No Confidence?  Maybe it will count for something now.

While it is early, the word from the rank and file MPD cops I've talked to is that Frizell is a good guy.

Locker Search grievance moving to step 2

Jail administration did remove counselling sessions from the files of employees as a result of the locker search, however they will not give assurances to allow employees to be present during future locker searches. 

In light of that I have instructed our attorney and business agent to move the grievance to step 2.

Is it worth what they are paying?

Here's how the Hennepin County Jail stacks up:

241 use of force incidents in the jail division in 2013

18 assaults on staff in 2013

Lowest paid jail in the seven county metro area

Grievance Filed-Locker Searches

On Friday May 16th a search was conducted on all of our lockers. No employees were present during the search of their lockers.

A class action grievance was filed May 21st.

The reason for the search may have been legitimate but, the execution violated their own policy P & P 8-2100 and probably the 4th Amendment.

Considering how quick staff is written up for violating policy, one would think they would consult their own policies before doing that.

Anyone who receiving discipline as a result of that search, find a steward and file a grievance.

Here's a related article I found in Police Chief Magazine entitled,

When Does an Employer’s Search of Employee Work Areas Violate Privacy Rights?

By Lieutenant Kim Wilson, J.D., Portsmouth, Virginia, Police Department    (Click on title for full story) overnment employers are sometimes faced with conducting searches of their employee’s work areas. When doing so, they must understand the level of privacy public employees legitimately expect in those areas. Can employers search an employee’s office, desk, locker, or assigned vehicle? When is it reasonable, if ever, to search an employee’s purse or briefcase? In answering these questions, courts have established that an employer must first determine if the employee has a reasonable expectation of privacy in the property searched and then determine if the search’s purpose outweighs any of the employee’s Fourth Amendment privacy interests. and Practical Considerations It is recommended that employers establish and post policies informing their employees that their work areas are subject to search. They should state clearly that employers have the right to search, for legitimate business purposes, county-, city-, or state-owned vehicles, equipment, desks, file cabinets, and so on; they should also encourage employees not to store personal items in these areas. Such policies will lessen employees’ expectations of privacy. Chiefs should remember that even if an employee can assert a reasonable expectation of privacy, a public employer can meet the burden of showing the search’s reasonableness through a combination of factors. These include reasonable suspicion of misconduct, a lowered expectation of privacy because of accessibility, or a reliable coworker tip of misconduct. The final lesson of these cases is that before conducting a workplace search of employee lockers, offices, files, or other areas where employees might have a legitimate expectation of privacy, employers should ask whether the need for such a search outweighs employees’ privacy interests and if the search is related to an investigation into suspected employee misconduct and limited to those areas where they may find evidence. ■

Locker Searches and Other Updates

LOCKER SEARCH

On Friday May 16th management searched all of our lockers. I brought this up at our Saturday roll call. This seems to violate their policy, Employee and Contract Worker Searches 8-2100

"An employee or contract worker shall be allowed to observe the search of of his or her property." Policy 8-2100 (g)

I also forwarded this to our attorney to see what case law says about this.

CONTRACT NEGOTIATION UPDATE

Our next Contract Mediation date is June 16 at the Bureau of Mediation Services. Hopefully our pickets and talk to the Hennepin County Board will have made a difference. 

MNPEA address to Hennepin County Board May 13, 2014

 On May 13, 2014 we again showed up at the County Board meeting with signs. Our goal was to address the County Board during open forum. Because we didn't get off of work until 2 and 2:30 we missed the open forum. I was able to explain this and the board graciously allowed us to speak. I only hope they are as gracious in considering our message.

Fla. CO sexually assaulted in Florida Pre-Trial Facility

What happened to the PREA?

Next Picket

NEXT PICKET

TUESDAY MAY 13^TH

1 PM TO 3:30 PM

24^TH FLOOR HENNEPIN COUNTY GOVERNMENT CENTER

MEET AT 1 PM IN THE GOVERNMENT CENTER by the 2nd floor fountain.

MIDS IF YOU ARE WORKING STAY AS LONG AS YOU CAN.

 DAYSHIFT, COME TO THE 24^TH FLOOR WHEN YOUR SHIFT ENDS.

May 6th Picket, Hennepin County Board and Sheriff''s Office

T

Thanks to all who showed up, Detention Deputies, Dispatchers, Techs and Clerks.

We will be back at the Hennepin County Board meeting on May 13th to address the Board.

Please come out in force.

Picket Hennepin County, May 6th