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Last month in our article I requested those associations that could afford it to attend the “summit” in Las Vegas regarding LVPPA’s request.

The “summit” was requested by Chris Collins, Executive Director of the Las Vegas PPA. He obtained a list of associations from the Nevada Local Government Employee/Management Relations Board (EMRB) and individually notified those associations to attend if possible. PORAN notified the state peace officers and requested that they attend as well. On October 7, a number of PORAN associations attended. Representative PORAN associations attending were the Reno Police Protective Association (RPPA), Reno Police Supervisors and Administrative Employees Association (RPSAEA), Washoe County Sheriff Deputies Association (WCSDA), Washoe County Sheriff’s Supervisors Deputies Associations (WCSSDA), Nevada Peace Officers Association (NPOA), Attorney General Investigators Association, and of course representatives of PORAN. Representative associations attending on behalf of the Southern Nevada Conference of Police and Sheriffs were: North Las Vegas POA, Henderson POA, Las Vegas PPA. The Nevada State Law Enforcement Association representative also attended. Representatives of the Las Vegas Police Officers Association attended and did representatives from the Las Vegas Police Manager’s Association. Lastly, a representative of the Professional Fire Fighters Association (PFFN) also attended.

Chris Collins called the summit to order and requested that all associations needed to work together in the same manner as the fire fighters. The president of the PFFN – Rusty McCallister described how the PFFN endorsed candidates and how they only had one representative at the legislature in presenting their views. He provided suggestions as to how the professional peace officers could work together in the same manner.

PORAN presented the differences between the PFFN and the professional peace officers and advised that the groups representing law enforcement associations desired to keep their individual autonomy. However, we did present a united front on 99% of the issues that affected us.

The results of the get together was outstanding. Everyone agreed that we needed to move in one direction and to not be divided in our goals and objectives. The group decided that it would come up with three items that we could take to the legislature and attempt to get passed. We decided to work in unison on our endorsements in State and Federal races and to attempt to support each group on local races. Our next meeting is set for Wednesday, November 4, 2009, at 1000 hours at the LVPPA office in Las Vegas. It was agreed that when the future meetings were held in Las Vegas that Chris Collins would chair the meeting. When future meetings are held in Reno, Bill Ames would chair the meeting.

Training update: PORAN will provide representative training on Wednesday, November 18, 2009, between 0900 hours and 1600 hours at the Grand Sierra Resort in Reno. At this point we have received approximately 15 RSVP’s from members wishing to attend the training. Again, our training deals with NRS 289 – Peace Officer Bill of Rights, NRS 288, Collective Bargaining and NRS 284, State employee rights and procedures. Instructors are: Bill Ames, Ron Dreher and Rich Tiran. Following the training we will have our annual conference of meetings at either the Grand Sierra Resort or at Trader Dick’s in the Sparks Nugget. At the time of this writing we are still undecided on the location. Please see our website – www.poran.org for details during the first week of November.

PORAN’s associations are facilitating the Hedlund v. Hedlund reconsideration appeal to the Nevada Supreme Court. The case in brief stated that an employee who is eligible to retire and gets divorced, must pay the spouse, if ordered to by the District Court, whatever the employees retirement would be. The appeal is being handled by Reno Attorney Lance Van Lydegraf, Esq. We may be addressing this issue in the 2011 Nevada Legislature.

One last point PORAC will be considering a bylaws change at their annual conference of members between November 19 and 22, at the Grand Sierra Resort in Reno that would not allow individual PORAC Chapters to be autonomous. We have been advised that this would not affect PORAN.

Here is a list of the endorsements that the PORAN board of directors has approved to date. In our July meeting a request was made to report to the Board a list of those officials that are seeking re-election and that we have endorsed in the past.

I am also including a list of those previously endorsed elected officials that have requested our endorsements that will be submitted to the Board for approval in our October meeting. Also included is the list of candidates who are seeking office and who have requested our support. We will be interviewing these candidates in the upcoming months.

Elected officials that will be recommended for endorsement in our October meeting:

Elected representatives that are now seeking new offices and will be interviewed:

Assemblman Mo Denis - Now seeking Senate District 2 - Sen. Maggie Carlton's seat

Assemblyman Ty Cobb - Now Seeking Senate District 4 - Sen. Randolph Townsend's seat

On: Wednesday, Oct. 7, 2009 - 1000 hours - Chris Collins - Executive Director of the LVPPA has called a "summit" for all association leaders to discuss "a strong, unified voice at the legislature...". The meeting will take place at the PPA office 9330 W. Lake Mead Blvd. Suite 200, Las Vegas 89134. I will be attending on behalf of PORAN and I highly recommend that those of you can attend please attend. PORAN believes that we have worked for and continue to work with all associations to assure a strong unified voice.

Officer of the Year -- Nominations are open at this time. (Will be announced at the annual meeting.)

PORAN’s Annual meeting” Tentatively scheduled for Wednesday - November 18, 2009 at Trader Dicks. (NOTE: the location may change as we originally thought the PORAC conference was going to be held at the Nugget.) PLEASE RSVP immediately. The room only holds 40 people.

PORAC - conference - Nov 19 through 22 - Reno Grand Sierra Resort – (See PORAC’s web site.)

By-law changes: - It was moved to delete from the by-laws the names of all associations who are

On 9/12/09 LDF Executive Administrator Ed Fishman, PORAC VP Mike Durrant and I attended

PORAN Training. Bill continues working on getting our training POST Certified. We are planning a training session and will announce the location hopefully by our October Board meeting.

Next Board meeting. Will be held in Reno October 7, 2009 - at 1800 hours contingent on our return from LV.

PORAN welcomes its newest members to our organization – The Nevada Corrections Association (January, 2009) – and the Reno Marshals Association (March 2009).

I have listed below the bills that we are going to be watching this coming week. Please contact me if you have any questions regarding them. I have been asked by Assemblyman Ty Cobb to testify on AB 253 – scheduled tomorrow Monday, March 16, at 0800 hours in Assembly Judiciary. This bill would enhance penalties for resisting, delaying or obstructing a public officer in the discharge of his duties. (See below). I will be monitoring SB 44 in Senate Finance at that same time – Monday, March 14 at 0800 hours. SB 44 changes from Cat III to Cat II Department of Corrections IG investigators. Our AB 214 – State Park Rangers /DPS bill is still listed as being in Assembly Commerce and Labor. I’ll be able to see what’s up with this bill later this week.

This past week AB 278 and AB 282 were introduced. This is the first of the PERS and PEBP bills that we are expecting to attempt to change the systems. You’ll also note below the complete list of AB Bills that we are tracking.

Our coalition regarding the PERS/PEBP and SAGE commission is meeting every Tuesday at 1000 hours on the second floor of the legislature. To date we have a commitment of $23,320.00 to assist with our upcoming marketing campaign to stop the attack on our PERS and PEBP system. PORAN has committed $10K, WCSDA has committed $10K, NCA has committed $2300. and we have on individual who has contributed $20.00. We are about 7K short of our goal of $30K. So…if any of the other associations would like to make up that difference we would really, really appreciate it. Remember – we don’t want your dollars – we want your commitment for those dollars to begin our campaign.

This past week I had the fortunate experience of accompanying PORAC members to Washington DC. During this trip I met with Senator Ensign, his staff, Senator Reid, his staff and Congresswoman Berkley and Congressman Heller. We also met with the Homeland Security staff and with the Deputy US Attorney General and his staff. The meetings focused on the current federal bills including the Byrne (JAG) and COPS stimulus monies, the elimination of the Social Security penalties, the Gang Prevention Act and HR 25 – Gun Control. We were very well received. Here is what you all need to know:

Beginning this week and ending on April 14, 2009 the Byrne (JAG) 2 billion dollar and the COPS (1 billion) funds are up for distribution. So…if your agency would like to apply for those funds they need to contact the Bureau of Justice Assistance and the Department of Justice and make application for those funds. Your agency only has 4 weeks to do this. If they don’t apply during that time then they will not be able to get the funds.

Yesterday, Ed Fishman, Executive Director and Dee Dee Lundquist, LDF Trustee and I met with the Nevada Corrections Associations Board in Carson City. LDF provided a very thorough overview of LDF. I provided an overview of PORAN.

Remember – our next training date is April 7 at the Regional Training Center in Reno. Our agenda – NRS 288, NRS 289, NRS 284 – Representation and a special presentation on Worker’s Compensation issues. If you would like to attend please contact me or Bill Ames. There is still no cost for our training.

Our next Board of Directors meeting is Wednesday – April 1, 2009 at Reds 395 – 1055 S. Carson St. Carson City in the Assembly Room. We’ll begin at 1800 hours.

PORAN NEWS ARTICLE – MARCH - 2009

Happy Easter to everyone!   As was reported in our last month’s article the 75th session of the Nevada Legislature is up and running. The session will end on June 1, 2009 – after 120 very busy – fast moving days.

Assemblywoman Bonnie Parnell sponsored our State Park Rangers bill - AB 214. This bill – mirrored AB 89 from the 74th Nevada Legislation. The bill when passed will allow our state park rangers and several members of the Department of Public Safety to have occupational disease and Heart and Lung coverages. This bill passed both the Senate and the Assembly in the 74th Legislative session. It failed to make it back to the Assembly in time and died in the last seconds in 2007. On March 4, 2009, the Assembly Commerce and Labor Committee, chaired by Assemblyman Conklin heard AB 214. After testimony by Assemblywoman Parnell, Nevada Park Ranger Association of Nevada president Rob Holley, DPS Captain - P.K. O’Neill (present as an individual and not representing the DPS) and myself, the bill was unanimously passed out of the committee. The bill will proceed to the Assembly Ways and Means committee. If passed out the bill will be voted on by the entire Assembly and if passed will proceed to the Senate. At that point we will go through the entire process again.

Another controversial bill - SB 154 was heard in the Senate Legislative Operations and Elections committee on March 3, 2009. This bill would amend NRS 288.150 (Our mandatory topics of bargaining section) and would allow Transfers to be collectively bargained. It would also allow “significantly related” sections of NRS 288.150 to be negotiated.   Every represented local government employer opposed the bill. PORAN obviously supported this legislation.

Another important bill that is pending is BDR 1048 – Sponsored by Assemblyman Dave Bobzien. This bill will amend the provisions of NRS 288 – the Nevada Local Government Employees/Management Relations Act. PORAN is going to attempt to work with Assemblyman Bobzien in finding a compromise to the requested legislation. The bill suggests that a hearing officer be used instead of the EMRB appointed board – to hear issues. It is PORAN’s position that if a hearing officer is used in place of the Board then another level of bureaucracy will be created that would possible extend the already lengthy resolution process. The bill suggests that the hearing officer would have almost binding decision making authority. The decision could be overruled by the Board providing that their reasons for overruling the hearing officer are outlined.

PORAN held its March 2009 Board of Directors meeting in Carson City. Our invited guest was Assemblyman Dave Bobzien. Assemblyman Bobzien had requested a bill draft – BDR 1162 to study consolidation of Washoe County Law Enforcement Agencies. Present at the meeting were members of the Reno Police Protective Association, members from the Reno Police Supervisory and Administrative Employees Association, Airport Police Officers Association, Attorney General Investigators Association, Park Rangers Association of Nevada and Nevada Peace Officers Association. RPPA brought with them retired Reno Police Chief Jim Weston to speak in opposition of the bill draft sponsored by Assemblyman Bobzien. PORAN has not taken a position on Assemblyman Bobzien’s bill draft. PORAN’s role was to facilitate open discussion on the consolidation issue.

The Consolidation issue/bill draft is calling for a study on consolidating the law enforcement agencies in Washoe County. A study was conducted in 1996 and again in 2001 in Washoe County. There has not been a legislative study on this matter since 1973 when the “metro” concept was introduced and passed in that session. At that time the Las Vegas City Police and the Clark County Sheriff’s Office was consolidated and became the Las Vegas Metropolitan Police Department.

PORAN has requested that all Washoe County Law Enforcement Agencies participate in the study if the bill draft becomes reality.

Our Nevada Correctional officers and all of our PORAN members oppose closing the Nevada State Prison in Carson City. This would cause huge officer safety issues and would displace, if not lay off over 200 correctional officers. The SAGE commission and others have made recommendations to close this prison. Other significant side effects would be that over 200 inmates would be released on parole based on the fact that they are not dangerous criminals. They represent those “non-dangerous” criminals that only commit ID theft, larceny’s not amounting to robbery, drugs and the like. Really non-dangerous criminals don’t you think? Another side effect is the displacement of over 400 inmates. One half of those inmates would be sent to the gym floors of one northern Nevada correctional facility while the other half would be sent to a southern Nevada correctional facility. Sounds great don’t you think? Well as we all know when you take over 200 inmates and place them in one room there is a very likely danger that they will not get along with each other. Of course this means that they will more than likely cause our correctional officers to be injured or perhaps killed. We will continue to oppose the closure of the Nevada State Prison based on the major officer safety concerns that our correctional officers face.

Also this past month PORAN attended the PORAC – Washington DC lobbying trip between March 8 and March 12, 2009. The meetings with our Senators were facilitated by Patton-Boggs representatives. I met individually with Congressman Heller and Congresswoman Berkley. Our objectives were to thank them for sponsoring the COPS legislation and funding for the Byrne JAG programs. We also asked their continued support for the repeal of the Social Security – Government Pension Offset and Windfall Elimination Provision. Currently both the GPO and WEP reduces the social security benefits equal to two-thirds of your public pension. In other words for every dollar that you would receive – if entitled to social security benefits – you would only receive thirty-three cents. At this point Senator Reid and Representatives Heller and Berkley have either sponsored or co-sponsored the specific Senate and House legislation. I also requested our representatives to oppose the HR 45 – (Gun control) legislation.

PORAN will be holding the monthly Board of Directors meeting in Carson City between April and June, 2009. Please check our website – www.poran.org for updates, schedules, newsletters and meetings. Our next two meeting dates are scheduled for April 1, 2009 and May 7, 2009. Both meetings will be held at Red’s 395 Grill, 1055 S. Carson Street, in the Assembly Room. Our meetings will start at 1800 hours.

Until next month – Please be safe and wear your vest!
Sincerely,
Ron Dreher,
Government Affairs Director – PORAN
            775-830-8877

Reno City Council – Ward 5: Wayne Melton*
Reno City Council – Ward 3: Jessica Sferrazza
Reno City Council At Large: Pierre Hascheff

PORAN is not taking a position at this time in the President’s race.

Not an incumbent - *

Next month, space permitting, I will be discussing the latest prevailing case dealing with workers compensation. This article will feature how a Reno Police Sergeant took on the worker’s compensation system and succeeded in retaining his position.

PORAN’s annual meeting is scheduled to be held on Saturday, November 1, 2008 at the Sparks Nugget in Trader Dicks. All PORAN members are invited. Please RSVP to me immediately at nrs289@aol.com, if you plan on attending.

Since February 2008 the PORAN candidate interview committee has been interviewing candidates in various City, County, State and Federal races in Nevada. The members have voted and the following constitutes the list of PORAN’s endorsed candidates. Please pass this list on to your families, friends and associates. We will be sending out a media release the week of early voting and the week prior to the General election in November.

I would like to bring to all association representative’s attention an issue that has recently surfaced in Northern Nevada dealing with Internal Affairs initial hearings. Recently two Northern Nevada law enforcement agencies began their I/A interview with an admonition that was labeled “Garrity Warning”. The questions asked of the officer consisted of the requesting to know if the principle officer was aware of his rights and provided a very thorough Garrity warning. When we first encountered the new admonition one question “Do you understand that criminal immunity does not apply in the event that you commit perjury or obstruct justice in this investigation?” was immediately objected to. That question followed the standard question “Do you understand that anything you say, pertaining to these matters only cannot be used against you in a criminal court of law?” In both agencies our objections to the “perjury” admonition were brought to the attention of the department heads and in one case it was immediately removed. In the other case a grievance was filed and the question was eventually removed.

The associations objected to the language for the obvious reason that it contradicted the Garrity admonishment. The agency argued that it must provide notice to its employees that untruthful statement can be used against the employees in subsequent criminal proceedings. The agency argued that at least one Circuit had ruled in favor of the question. The association argued that the agency’s logic was flawed and that the question itself would in effect violate the individual’s 5^th amendment rights. The association argued that the 9^th Circuit had not ruled on that issue and that the Nevada Supreme Court had not adopted the position of that case cited by the agency. Additionally the association argued that the changes proposed were never negotiated and that constituted a unilateral change in disciplinary procedures. Under Nevada Revised Statutes (NRS) Chapter 288.150 disciplinary procedures are listed as a mandatory topic of bargaining. The association argued that the matter had to be negotiated. The matter was thoroughly debated with the agency ultimately resolving the matter by removing that question.

We learned in this case that the new admonition containing the listed problem question was taught in an Internal Affairs School that was held in Las Vegas in December, 2007.

I encourage all association representatives reading this article to be on the look out for the above listed question as it would, in my opinion, contradict the Garrity Warning and would force officers to provide an involuntarily, coerced statement under threat of insubordination and would then allow the statements to be used in a criminal proceeding if those statements turned out to be false.

If anyone of you have additional information on which Internal Affairs Schools are instructing our representatives or the department’s representatives in this manner please let me know. My e-mail is nrs289@aol.com.

May 8, 2008 and May 9, 2008 were solemn days in Nevada. We held the Nevada Law Enforcement Memorial in Carson City on May 8, and the James D. Hoff Law Enforcement Memorial in Reno on May 9, 2008. Both walls currently contain the 103 peace officers names who have been killed in the line of duty. This year we unfortunately added the first tribal police officer killed in Nevada – Adam J. Menuez and the first female Nevada Highway Patrol trooper killed in the line of duty – Kara M. Borgognone.

Officer Adam Menuez had only been on the job for five months when he was killed in a single vehicle rollover on July 4, 2007.

Trooper Kara Borgognone was responding to a bomb call when her vehicle was struck by another driver in an intersection on February 28, 2008. Trooper Borgognone, a 10 year veteran of the Department of Public Safety had spent the last two years on the highway patrol.

Both officers were very dedicated to their professions and both will be forever missed. ur thoughts and prayers go with their colleagues, peers, families and friends.

PORAN’s Board of Director’s are gearing up for the 2009 legislative session. We have

had two candidate interview days and are planning three more days of interviews in June. Our interviews to date have consisted of mainly judicial interviews. May 16, 2008 represents the last day for filing for local and state government offices. Term limits begin for the first time in local city council races. 2009 will activate term limits in our legislative races. Incumbents, sensitive to the fact that term limits will apply next session have already started to scuffle their political seats in an effort to extend their political careers.

There are 63 Nevada legislators – 21 – Senate Seats and 42 Assembly seats.

PORAN is planning to be in Las Vegas for candidate interviews on Monday, June 2 and Tuesday June 3, 2008. We will return to Reno and conclude our interviews on Wednesday, June 4, 2008. PORAN’s interview committee consists of approximately seven officers. Following our interviews recommendations will be forwarded to all PORAN Directors for distribution to their members. Each Director will be given seven days to support, reject or abstain from the recommendations of the committee. A no vote means that PORAN will not endorse in that race. An abstention vote by the director means that PORAN will endorse in that race. When your association president or political action director forwards the list of recommended endorsements by the committee please review the list and please vote. We will publish the candidates that we have endorsed as we get closer to the election dates.

The head of the Nevada Republican Party – Sue Lowden has made a public statement that the Nevada PERS consider moving from a defined benefit system to a defined contribution system. The Nevada PERS system is one of the best in the United States. It is nearly 23 billion dollars of the employee’s money strong and of course everyone now wants to tap this fund to ease the economic slump that Nevada, like many other states, currently is experiencing. However, PORAN stands ready to openly oppose any legislator who supports tapping this fund. Changing to a defined contribution system would damage forever our retirement system. This is not the way to end the economic slump.

Please be aware that PORAN is supporting S2123 – Federal legislation that would allow collective bargaining for all law enforcement officers. The vote for this legislation is to take place on Tuesday, May 13, 2008 in Washington DC. PORAN has been very active in contacting our senators – Reid and Ensign in an effort to have them support the legislation. We received information that Senator Ensign has advised that he was not in support of this legislation and that police management is also opposed to this legislation. We have been asked to contact Senator Ensign’s representative – John Lopez at 202-224-6244 and urged Mr. Lopez to have Senator Ensign support S 2123.

As I stated in our February news article, PORAN has been asked to support and become part of a new organization initiated by Penny Rasmussen, President of the Washoe County Employee’s Association (WCEA). She has requested all associations statewide to form the Nevada Legislative Coalition of Government Employees. The purpose of this organization would be to target specific legislation that would benefit all associations. The objective would be to only bring forth the issue(s) that all associations agreed to. One example of this would be binding arbitration for all groups. Currently only local government police/fire and teachers have this method to resolve conflicts.

Several months ago the Carson City Sheriffs Protective Association (CCSPA), via their president Glenn Fair, received a memorandum that their personnel files and certain other files may be released to the Carson City District Attorney’s office in compliance with the Brady v Maryland (1963) and Giglio v United States (1972) court cases. A grievance was filed with the Sheriff and several meetings were held with all involved parties in an attempt to protect the rights of the deputies in keeping their files confidential while complying with the Supreme Court decisions. The below listed Carson City Sheriff’s General Order was scrutinized by all parties – CCSPA, their attorney and representative and the Carson City Sheriff, his undersheriff and the Carson City District Attorney’s office. It is my understanding that this is a Nevada first in attempting to tackle the Brady issue. Here is the General Order for Nevada agencies to review, edit and/or copy that provides certain due process for our Nevada Peace Officers. PORAN congratulates Carson City Sheriff Kenny Furlong, Undersheriff Steve Albertsen, Carson City Deputy District Attorney Joel Benton, CCSPA Attorney Michael Langton and CCSPA President Glenn Fair in developing this model general order.

Duty to Disclose

General Order 803.000

Authority: Sheriff

Effective Date: 4 June 2007

U.S. Supreme Court Brady v Maryland (1963) and Giglio v United States (1972)

An agency and its personnel could be subject to liability in federal court for failing to disclose to a prosecutor any evidence that may be favorable to a defendant. The purpose of this policy is to insure that agency personnel are in compliance with the landmark United States Supreme Court decisions of Brady v Maryland (1963) and Giglio v United States (1972) and their progeny. Individual deputies and Sheriff’s Office employees have an obligation to disclose exculpatory evidence to prosecuting authorities in criminal prosecutions so that the evidence may be forwarded to the defendant’s attorney.

It is the policy of the Carson City Sheriff’s Office to require that all of its law enforcement personnel provide all potentially exculpatory evidence to prosecutors. Carson City Sheriff’s Office deputies and staff have duty to disclose exculpatory evidence to prosecuting authorities. Furthermore, it will be the responsibility of the Chief Deputy or designee to review all officers’ personnel files to determine if any officer has a disciplinary history that would impact the officer’s credibility as a witness. This information shall be made available to the prosecutor, by the Chief Deputy for a determination of whether said information is “Brady” material prior to officer appearance. Carson City Sheriff’s Office deputies and staff may be personally liable for a violation of civil rights where they fail to disclose exculpatory information/evidence that is material to a defendant’s conviction

The Sheriff’s office is aware of the sensitive professional and privacy interests and the need to maintain the confidentiality of personnel and disciplinary matters. Accordingly no file relating to an employee of the Sheriff’s Office shall be released without the approval of the Sheriff or his designee or pursuant to court order.

Except as otherwise provided in this paragraph, at least 7 days before the release of the file of an employee of the Sheriff’s Office, the Chief Deputy shall provide notice to that employee that the file will be released and to whom the file will be released. If the Sheriff’s Office receive a request or court order for the release of the file of an employee of the Sheriff’s Office that requires the release of the file in less than 7 days from the date the Sheriff’s Office received the request or court order, the Chief Deputy shall provide the notification required pursuant to this paragraph no later than 24 hours after the request or court order is received.

A. Duty to Disclose: The landmark decision of Brady v Maryland (1963) places an affirmative constitutional duty on a prosecutor to disclose exculpatory evidence to a defendant. This duty has been extended to law enforcement agencies and employees through case law, requiring law enforcement agencies and employees to notify the prosecutor of any potential exculpatory information.

B. Exculpatory Evidence/Brady Material: Evidence in the government’s possession that is favorable to the accused and that is material to either guilt or punishment, including evidence that may impact the credibility of a witness.

C. “Disclosure” defined: “A sustained finding of misconduct that reflects on the officer’s truthfulness and credibility.” Allegations of misconduct that are part of a pending investigation or one that is being appealed are not to be disclosed. Allegations of misconduct that are unsubstantiated or result in a finding of “not sustained”, “exonerated” or “unfounded” are not considered impeachable material and shall not be given to the prosecutor.

A. Officers are required to document all investigative activity involved in an investigation, including exculpatory information.

B. All official reports involving an investigation, including exculpatory information, will be submitted to the Carson City District Attorneys Office, by the Chief Deputy, prior to actual prosecution of the case. The District Attorney will determine what information contained in the case file will be provided to defense counsel. If an employee of the Sheriff’s Office is notified to appear as a witness in a criminal case, the Chief Deputy shall notify the District Attorneys Office on the specific case of any sustained disciplinary history that may impact credibility and qualify as “Brady” material.

C. Supervisors will ensure that all sworn personnel are familiar with the requirements of this policy and will stress the importance of credibility as an essential requirement of being able to function as a police officer.

PORAN will be holding it’s January 2008 PORAN Board of Director’s Meeting in Las Vegas. Please check our web site – www.poran.org for the date and location. We will be holding our annual representative training class prior to the board meeting.

PORAN NEWS ARTICLE OCTOBER 2007

Last month our article described a workers compensation case dealing with the denial of a heart and lung case. This month’s article will describe a new wellness program that has been proposed by a third party administrator in Nevada known as the Public Agency Compensation Trust or PACT. This group represents most, if not all, of the rural Nevada counties. The wellness program was funded by PACT and is being presented to Nevada law enforcement agencies by SpecialtyHealth, Inc.

Specialty Health headed by Dr. Jim Greenwald, is a workers compensation doctors group whose function, in part, is to represent management’s interest in workers compensation claims.

In May, 2007 I received a telephone call from the Undersheriff in Humboldt County, Nevada. He advised that PACT had sent a letter out to the counties advising them that police/fire heart & lung examination results were going to have the primary examining physician send the results of the examination to Specialty Health who would in turn place the results of the exam in a data base. At that point Specialty Health would run a risk profile for each employee and a risk profile for each member agency and review them with the individual and the agency. He went on to state that individuals found to be a cardiac risk would be contacted by Specialty Health and enrolled in a wellness program. The concern was obviously that releasing confidential police/fire annual heart & lung examinations to a third party would violate Nevada Revised Statutes as well as HIPPA and individual privacy issues. Further, if the examining doctor did not agree to the directives from PACT then they would be fined or face sanctions. As a result the Humboldt County Sheriff requested the Nevada Sheriff’s and Chiefs Association and PORAN to oppose this directive. PACT then referred me to Dr. Greenwald who requested to me with me to resolve PORAN’s concerns.

PORAN’s primary concerns was that the data collected would be used to eliminate the conclusive presumption that is afforded to all Nevada police officers who are listed under NRS 617.135. Furthermore, PACT, through their attorney Robert F. Balkenbush, Esq., has litigated the conclusive presumptive provisions of NRS and has lost. PORAN requested PORAC’s Legal Defense Fund utilizing the affirmative relief provisions, to financially support an Amicus Brief opposing PACT case. LDF granted the relief and LDF Panel attorney Michael Langton, Esq. filed the brief. IAFF also filed an Amicus brief opposing PACT. The case involved an Elko County Sheriff Deputy who sought to reopen a coronary artery disease claim in 1998. The attorney representing the Elko County Deputy was Barbara Gruenewald, Esq.. Ms. Gruenewald prevailed in the courts all the way to the Nevada Supreme Court and all the way to the US Supreme Court. This took until 2006 to be resolved. Needless to say PORAN was very skeptical when after all of this PACT was promoting a wellness plan with the assistance of Specialty Health Inc. in the name of “helping our officers” (my term).

So….I met with Dr. Greenwald who presented the Cardiac Wellness Program to me. We discussed PORAN’s concerns and our skepticism about what the real, underlying goals and objectives of the wellness plan was. Dr. Greenwald then advised that the Wellness Program was now going to be voluntary and that all SpecialtyHealth, Inc. was trying to do was to help our officers should it be found that they had cardiac risks. He gave me several really good books that were on point with the wellness program: Before the Heart Attacks, H. Robert Superko, MD, published by the Penguin Group – 2003, Apolipoprotein E Genotype and Cardiovascular Disease Management, published by Berkeley HeartLab, Inc.2006, and Emotional Survival for Law Enforcement, Kevin M. Gilmartin, Ph.D., E-S Press, 2002. Dr. Greenwald then described how the Wellness Program works and how it was his goal to ensure that appropriate proactive treatment of discovered cardiac risk law enforcement cases could eradicate heart attacks and strokes and provide for a full life for our officers. He provided evidence of several officers in the Reno area who had voluntarily entered the wellness program and had all but eliminated their high risk factors.

Dr. Greenwald then invited me to attend his presentation to law enforcement and firefighter management personnel in Douglas County. Also attending was an executive member of the PACT board of directors and their executive director.

According to Dr. Greenwald there are a number of law enforcement agencies in Nevada who are volunteering for the Cardiac Wellness Program. It is my opinion that those officers who complete the program will most like eliminate their chances of having a early heart attach or stroke. They will learn their risk factor; they will learn appropriate nutrition techniques and learn how to properly exercise. They’ll learn whether they fall within the “Metabolic Syndrome” and what that exactly means.

Will this help us live longer? I believe so. Will the data collected by Specialty Health in these volunteer groups be used against us to take away our presumptive benefits? Well…we will certainly find out. In my opinion more shots will be taken at law enforcement workers compensation benefits. We will continue to oppose legislation that moves to eliminate our benefits without just cause and without medical evidence.

We applaud Dr. Greenwald for taking away the threat of forced compliance by our officers and making it voluntary. That in my opinion is the only way to achieve success if they are truly intending to help us live longer.

If your agency participates and you volunteer for the program it is my opinion that you will walk away from the program with a much better understanding of why you should participate in our provided yearly heart & lung physicals. You will live longer.

To our soldiers, veterans and all please participate in Veterans Day activities and Happy Thanksgiving.

See you all at conference.

Until next month – please wear your vest and stay safe.

Ron Dreher
Government Affairs Director – PORAN
775-830-8877

Our article this month focuses on Nevada’s Workers Compensation laws and describes one example of what really happens when a claim is made under the “conclusive presumptive” sections of our industrial insurance sections of the Nevada Revised Statutes.

Worker’s Compensation benefits are covered in Nevada under Nevada Revised Statutes Chapters 616 and 617. We have supposedly – conclusive presumptions for heart and lung diseases and claims. Once a professional peace officer becomes employed and is vested for five years then the officer is supposed to be covered should the officer suffer a heart or lung ailment. That is what is supposed to happen.

It seems like over and over again when a claim is made our third part administrators deny the claim and the red tape process begins. Keep in mind that retirees are covered by the H&L benefits. As more and more officers retire the likelihood of what is described below may happen to many of you. Here is one example that is still on going and what one spouse has done to take on the system:

Several months ago a retired peace officer who had served our state for well over thirty years went into the hospital for a triple by-pass. He was sixty years old. He was discharged from the hospital after nearly one month and readmitted approximately 15 days later for continued heart problem. He was discharged twelve days later and died three days later. His death certificate listed the cause of death as coronary artery disease. Our deceased retired officer was cremated. After his death the third party administrator denied widow benefits for his spouse stating that the real cause of death was kidney failure. They further stated that kidney failure and “abdominal aortic aneurysm” are non-industrial conditions that were not related to a heart claim. Where they came up with this information is unknown to this author. It contradicted the information our spouse had at the time. The administrators stated that our spouse should have ordered an autopsy. They advised her that they would have paid for the autopsy. It was ironic that the third party administrator was aware of the death of our officer but offered no assistance to our spouse as to what she should have done until after the cremation. Our spouse could not afford the cost of the autopsy and had no idea how important the autopsy evidence would have been to support her claim. She did have the treating physician not only advise her of the cause of death, but who also signed the death certificate indicating that the cause was cardiac failure. Despite the evidence that she had the administrators denied her claim. The third party administrator advised her that she could appeal the claim to the Nevada Department of Administration. She would have 70 days to file the appeal. The Nevada Department of Administration is charged with determining whether or not to sustain the denial.

Fortunately for our spouse she kept excellent records of meetings that she had with doctors, nurses etc. while her husband was alive. She reviewed medical charts and inquired repeatedly what was going on. She established an excellent rapport with the physicians and medical personnel and maintained a paper trail of what occurred. She did this not knowing how valuable her paper trail would become. She never thought that the third party administrator would deny the claim.

Our spouse filed a timely appeal and contested the denial to the state hearing division. She outlined what had occurred by putting together a very good time line of the events. Her evidence included the death certificate, medical records, statements from the doctors involved and the letter from the third party administrator. She requested that the denial be overturned and that her industrial insurance claim be approved. She requested that the hearing officer order all costs including potential attorney’s fees be paid. Despite her best efforts to overturn the denial the hearing officer ruled in favor of the third party administrators. Our spouse was shocked and could not understand why. She received a letter from the hearing officer notifying her that they had sustained the denial of her claim and advised her that she could appeal their decision. She now becomes eligible to have an advocate appointed to represent her claim. (In Nevada the initial hearing appeal does not provide for an advocate to represent the claimant. The advocate is only provided post-hearing.)

NRS 616A.435 and 616A.465 provides for the Nevada Attorney for Injured Workers as paid advocates for those filing worker’s compensation claims/industrial insurance claims that have been denied at the hearing level. Their office is located in Carson

City – telephone no. and in Las Vegas – telephone no. . NRS 616A.455 outlines the duties and powers of this office:

1. Except as otherwise provided in subsection 3, the Nevada Attorney for Injured Workers shall, when appointed by an appeals officer or the Administrator, represent without charge a claimant before the appeals officer, Administrator, district court or Supreme Court. In addition, the Nevada Attorney for Injured Workers may give advice regarding a claimant's rights before a hearing officer and the procedure for enforcing those rights.

(a) Advise the claimant and present his case to the appeals officer or Administrator; and

(b) Present in the district court or Supreme Court an appeal from the decision of the appeals officer or Administrator if, in the opinion of the Nevada Attorney for Injured Workers, the appeal is merited.

3. If the Nevada Attorney for Injured Workers determines, in accordance with the guidelines adopted pursuant to subsection 4, that a claim is frivolous or lacks merit, he may refuse to represent a claimant.

4. The Nevada Attorney for Injured Workers shall establish the policies to be followed in determining whether a claim is frivolous or lacks merit.

The point of this article is to inform our readers on what really happens with our so-called conclusive presumptive benefits under workers compensation. It’s also to caution you to keep a paper trail of meetings with your physicians/nurses/medical personnel should you have an industrial insurance claim. In future PORAN articles I’ll update you on the progress of this particular case. Unfortunately this is the norm in obtaining benefits under our system.

In other PORAN news - On September 5, 2007, Eleven year veteran Mesquite Police Officer and Mesquite POA President Ron Richmond, improperly terminated nearly one year ago (October 23, 2006) under an evidence ruse, prevailed in arbitration and was ordered reinstated and to be made whole. His Legal Defense Fund Panel Attorney – David Ford, Esq. successfully defended President Richmond in the arbitration. Mr. Ford has acknowledged that he will draft an article in a future edition of the PORAC magazine describing what occurred. Welcome back Mesquite Police Officer Ron Richmond!

Lastly, PORAN hosted it’s 18 annual conference of members on September 12, 2007, at the Sparks Nugget in Sparks, Nevada. Members present were: President Bill Ames, Vice President Kelley Reynolds, Secretary Paul Villa, Treasurer Paul Sevcsik, Joe Burfield RPSAE, Dave Ponte RPPA, Derik Cecil RPPA, Glenn Fair CCSPA, Rob Holley and Domenic Bravo PRAON, Rich Tiran NPOA, Director of Public Safety Phil Galeoto, Rick McCleland, DPSA, Mike Neville, President WCDAIA, Past PORAN President Todd Shipley, Pat PORAN Treasure Steve Turner, Nevada Secretary of State Ross Miller and our award winners listed below.

Assemblywoman of the Year – Speaker Barbara Buckley, Senator of the Year – Randolph Townsend, Outstanding Senator, Bernice Mathews, Outstanding Assemblywoman– Debbie Smith, Freshman Assemblyman of the Year – David Bobzien. 2007 Public Official of the Year – Attorney General Catherine Cortez-Masto, Recognition Awards – Carolyn Sullivan, surviving spouse of UNR Sergeant George Sullivan, Jeanne Minnie, surviving spouse of Washoe County Sheriff’s Deputy Frank Minnie and Jan Blaser-Upchurch, National Board member of Concerns of Police Survivors and surviving spouse of John Blaser.. Our PERSON OF THE YEAR – Victoria Campbell – Channel 4 – KRNV – Reporter. Award winners who were not present included: Assemblyman of the Year – Marcus Conklin, Outstanding Senators – Majority Leader William Raggio and Joe Heck, Outstanding Assemblymen – Majority Leader John Oceguera and Bernie Anderson, Outstanding Assemblywomen Heidi Gansert, Bonnie Parnell, Sheila Leslie and Francis Allen.

This month’s PORAN article focuses on how in my opinion the media is negatively biased in their reporting of law enforcement. While vacationing in Oregon this past week I came across the following newspaper articles: Headlines in The Oregonian , newspaper, Friday August 17, 2007: “Two Sheriffs deputies arrested”. Page C6 of the same paper reports “Recent sheriff’s office cases” and cites three sheriff’s deputies terminated or resigned for a variety of reasons. Front page news from the Curry Coastal Pilot newspaper, Wednesday August 15, 2007: “Sentencing for former Sheriff Metcalf delayed two weeks.” ( For details of these stories refer to the listed newspaper websites.)

All across the USA in most every newspaper our professional peace officers are negatively portrayed in sensational headline stories such as those listed above. Why? After all we are the Nation’s Homeland Defense. We are the ones 24 hours-a-day, seven day-a-week, 365 days-a-year that protect and serve our communities. We keep America safe. Remember the headlines in the 60’s – “If you don’t like cops next time your need help call a hippie!” Maybe we should update that slogan and start advertising similar statements in the future.

The new buzzwords for law enforcement over the past few years has been “Community Oriented Policing” (COPS) and Problem Oriented Policing” (POP) etc. This was supposed to have a positive impact on our negative image. I don’t think it has been very effective in improving our positive images. I’ve always viewed COPS/POP etc. type programs as what old school police officers always did anyway. It took a new chief somewhere to come up with the buzzwords to market whatever “new” management philosophy sounded great. COPS/POP etc are great names but they spell good policing by excellent street officers. Knowing how to communicate and be authoritative at the same time while keeping a professional composure is what policing is all about. Resolving disputes, citizen complaints etc. is excellent policing. Knowing how to communicate to all types of people is what it’s all about.

So why does the news media negatively market law enforcement? And what can we do to change this negative image? Remember the following saying that has been engraved in our minds for years in our law enforcement circles: “One aw shit wipes out one thousand attaboys” Perhaps that’s what happened in the Portland, Oregon area and in the Brookings, Oregon city. Maybe the newspapers in our communities really report the news in an unbiased manner. NOT! The Oregonian’s front page states “Winner of the 2007 Pulitzer Prize for Breaking News.” That tells me that the paper gets awards for sensational reporting. That tells me that they are going to focus on the stories that sell newspapers. In one past article of the Reno Gazette Journal when an officer was killed in the line of duty in California a small news article appeared in a “filler” column in the back pages of the newspaper. When a Pershing County Sheriffs deputy was shot it did not even make the Reno papers. Recently in a front page article in the Reno Gazette Journal there were two large photographs depicting public safety professionals – police and fire. Guess which was published to positively portray the professionals? One showed Reno Police Officers on their police motorcycles clearing out a downtown Reno street that appeared abandoned (This article dealt with Hot August Nights and cruising). In my opinion the image negatively portrayed our excellent officers and appeared to make them look mean and offensive. Actually, the action taken by the Reno Police Department was an aggressive stance against the gang bangers that have caused major disturbances during this special event in recent years. And, it worked. No problems this year at all. Guess what the other photograph showed? The other photograph was that of a large American Flag highlighting a parade honoring the firefighters who assisted in the Lake Tahoe Fire. Although law enforcement played a similar role in that same fire no mention was made of their efforts. Isn’t it funny how the media reports two public safety agencies? It just goes to show us that we can market ourselves differently if we put our minds to it. I’m not sure we’ll ever change the media on negative reporting. But we at least need to try. That’s just the way it is today. Bad cops make the news and that is unfortunate.

Isn’t it time we start marketing our profession in a positive light. After all we are the enforcers of the law. We keep the peace. We represent society. We are Authority. We are the ones that mediate disputes. We are the ones that see society at its worst. We are the first responders to the horrific homicide and accident scenes where bodies are mutilated and scattered about. We are the ones that protect the families from the criminals. We are the protectors of our society. We arrest the bad guys and the courts let them go. This has been going on for a very, very long time.

Sometimes we are our own worst enemies. As professional peace officers we are very aware of publicity. Our managers forget that we need to be given the authority to do our jobs. Sometimes our chiefs let the crooks call the shots and don’t support our professional peace officers. We are very quick to judge our own in a negative light. That’s why most of us have legal defense fund coverages. Just look at some of the articles in this magazine describing the actions our legal defense attorneys and representatives have taken to protect the reputations of our officers who have been improperly disciplined. Look at the July edition of the LDF report in the PORAC magazine. “Deputy Webb is exonerated.” He does his job and takes action. He is charged with attempted voluntary manslaughter and assault with a firearm. Then he’s terminated. Just look at what that deputy went through. What is wrong with this picture? At least we can thank our PORAC editors for taking a positive marketing approach for our peace officers.

Why are our officers terminated for using force in arresting violent individuals? Case law after case law says not to second guess our officers when their lives are in danger. But, in an effort to be politically correct some chiefs take the easy way out and terminate first. Some of our internal affairs investigators – not all but some- treat our professional peace officers worse that murder suspects when they are being interviewed. Why? We police our own and most often provide the media with the sensational stories that are negatively written in their newspapers. That needs to stop. We need to do a better job of reporting the positive side of our officer’s conduct and not the negative side.

Today recruiting future law enforcement professionals is extremely difficult. Again, just look at the ads in our magazine. We need to keep our standards high. If we lower our standards I believe that this will increase our liability. Lower our standards and provide the media with more sensational news stories. How about giving our officers the authority to do the job and standing behind them when they do.

PORAN is going to be working hand in hand with a marketing professional to come up with some ways to begin to change the image of our professional peace officers. We need continual positive press. That’s our objective and our goal. It will take some time and a lot of planning to reverse what’s been happening but we can do it.

Lastly, PORAN is holding its 18th annual meeting on Wednesday, September 12, 2007, at the Sparks Nugget. Our agenda – elections for PORAN Vice President and Treasurer, by laws changes, legislative update and much more. Our award winners this year are: Senator of the Year: Senator Randolph Townsend, Outstanding Senator Awards: Senator Joe Heck, Senator Bernice Mathews and Senate Majority Leader William Raggio. Assemblywoman of the Year: Speaker of the Assembly – Barbara Buckley, Assemblyman of the Year Marcus Conklin; Outstanding Assemblymen Awards: Majority Leader John Oceguera and Assemblyman Bernie Anderson; Outstanding Assemblywomen: Assemblywoman Bonnie Parnell, Assemblywoman Sheila Leslie; Assemblywoman Heidi Gansert; Assemblywoman Debbie Smith. Our person of the year is Victoria Campbell, a long time reporter for KRNV Channel 4 in Reno and a very good friend to law enforcement. Our 2007 Public Offical of the Year Award goes to Attorney General Catherine Cortez Masto. Recognition Awards go to Carolyn Sullivan, surviving spouse of University of Nevada Police Sergeant George Sullivan, Jeanne Minnie, surviving spouse of Washoe County Sheriff’s Deputy Frank Minnie and Jan Blaser-Upchurch, National Board member of Concerns of Police Survivors and surviving spouse of John Blaser.

July 15, 2007 - News Article:

Our deepest sympathies to the family and friends of Fallon Paiute-Shoshone Tribal Police Officer Adam Menuez. Officer Menuez was tragically killed while responding to an emergency call on July 4, 2007. Officer Menuez' funeral was held on, July 7, 2007, in Fallon, Nevada.

While responding to the call his police vehicle hit a guardrail causing the vehicle to overturn in a canal. He was taken to the hospital thereafter where he was pronounced dead.

Officer Menuez was born November 25, 1979, in Lima Ohio. He was 27 years old. He graduated from Churchill County High school. He served in the US Army as a helicopter mechanic. He served one tour of duty in Korea , 15 months in Iraq and served a total of 8 years in the service. He had served as a tribal officer for only 5 months. He is survived by his father, mother and two brothers. Another tragic loss!

SB 544 will be the topic of this month’s article. This is a very comprehensive bill. I’m going to attempt to explain what it means to our law enforcement officers who are contemplating retirement. It deals with post retirement insurance coverage and will effect all local government employees whose employers do not participate in the State of Nevada’s Public Employees Benefits Program. What is very important to note about this legislation is that if you are planning on retiring and if your employer does not have a post retirement medical insurance program in place for you then you only have until November 30, 2008, to take advantage of very inexpensive post retirement medical insurance coverage.

SB 544 was signed by Governor Gibbons on June 13, 2007, and has many parts to it. Some of the legislation took effect July 1, 2007, and is retroactive to October 1, 2003. Some parts expire “by limitation” June 30, 2008, and some parts take effect July 1, 2008 and expire on November 29, 2008. Several sections of the bill take effect November 30, 2008. The best way to analyze the bill is to read it in it’s entirety by logging onto the Nevada Legislative Web site at: www.leg.state.nv.us/74th/reports/history.

Why SB 544 passed: In 2003, the Nevada Legislature enacted AB286. This bill allowed local government employees who were retiring the right to participate in the state’s Public Employees Benefit Program (PEBP). If a local government employee elected to leave their employers insurance plan and enter the PEBP then the employee only had to pay a very small percentage for employee only insurance. The State billed the local government employer for the remainder of the premium. What AB 286 allowed employees to do was to have affordable post retirement medical/dental/accident insurance. Needless to say local government employers were not at all happy with this legislation because it provided a benefit to those retiring employees who would have otherwise had to pay hundreds of dollars more for employee only coverage.

Here is an example of how AB 286 worked: Employee A works for local government employer. The cost of employee only coverage paid for by the employer is $0.00 because the employee is actively employed. When the employee retired the employee assumes the “employee only” cost at approximately $500.00 per month. AB286 provided that if the employee retired and went to the PEBP the employee would only have to pay a portion of the premium and the local government employer would be billed for the rest. A twenty year retiree would have to pay $100.00 per month and the local government employer would be billed $400.00 per month. That resulted in a tremendous saving to our retired employees. (PLEASE NOTE THAT THESE NUMBERS ARE APPROXIMATE AND ARE BASED ON A TWENTY YEAR RETIRED EMPLOYEE. UNDER THE STATE PLAN SUBSIDIES ARE DETERMINED FOR RETIREE BASED ON 5/10/15/AND 20 YEARS OF SERVICE. THE AMOUNT OF OUT OF POCKET MONEY IS ALSO CONTINGENT ON THE INSURANCE PLAN SELECTED BY THE EMPLOYEE – IE: PPO OR HMO TYPE AND LOW AND HIGH DEDUCTABLE PLANS.) SB 544 removes this benefit on November 29, 2008 from local government retiring employees.

Here is the most important part of the legislation for local government employees. Sections 2 and 6 of the bill allow local government employees who retire prior to November, 2008 the opportunity to enroll in the PEBP and continue the subsidy at those current rates that are in effect at that time. If you are planning on retiring during the next 16 months and don’t currently have a post retirement medical plan through your local government employer here are some options to consider: You should contact your employer and see what options and costs you have through them. If the answer is you pay “employee only” costs through the COBRA plan or you pay the “employee only” costs through your employer then you might want to consider the PEBP plan. It has an approximately 75% plus savings for you compared to the other plans. And, the PEBP now has a pretty good insurance plan. They have made enormous progress during the last several years in providing excellent insurance coverages for their employees and retirees. Another option to consider if you are a couple of years away from retiring is to purchase retirement years through the Public Employees Retirement System (NVPERS), retire and select the PEBP insurance. While that can be very expensive – consider this: If your retirement benefit is $3000.00 per month and you have to pay – out-of-pocket - $500. plus for medical insurance versus $100 per month with the PEBP plan the difference is $400.00 approximately per month or $4800.00 per year that you’ll be saving by going to the PEBP. Considering PERS figures that our life expectancy is 83 years and you retire at 50 years of age the savings are approximately $154,400.00.

Remember – local government employees who retire after November 29, 2008, lose this benefit option. The only recourse then in getting better post retirement medical insurance will be through your collective bargaining agreement negotiations.

SB 544 allows for “all in” or “all out” insurance coverages. What that means is if the local government employer wants to get out of their current insurance and join the PEBP then they have the option to do this for “all” employees. They cannot pick and choose which groups can opt into the PEBP and which ones cannot. It’s all or no one.

Hopefully, you are not too confused over the explanation I have provided concerning SB 544. I have attempted to explain this accurately. If you have questions regarding this legislation contact me at nrs289@aol.com and I’ll try to answer them.

UPDATE: SB 287 – the bill that provided Police and Fire retirement coverage for our State Park Rangers and for our several DPS members was signed by Governor Gibbons on June 13, 2007. It took effect on July 1, 2007.

Lastly, PORAN is tentatively planning on holding its 17th annual meeting on Wednesday, September 12, 2007, at the Sparks Nugget. I’ll have an update on this – I hope – by the first or second week in August. Our agenda, location, date and time will be on our website at that time. We’ll attempt to have a guest speaker for our meeting. Our awards this year will go to Senator Townsend, Heck, Mathews and Raggio on the Senate side and Speaker of the Assembly – Barbara Buckley, Majority Leader John Oceguera, Bonnie Parnell and Marcus Conklin, on the Assembly side. Our person of the year is too be announced.

This news just in – Our long time Executive Administrator of the Legal Defense Fund, Larry Friedman has resigned after 23 years of service with PORAC’s LDF. Larry has been a huge asset and an excellent spokesperson for LDF and for PORAN. He has brought LDF to not just one of the best, but the best legal defense fund in the United States . We will miss him deeply. Congratulations Larry on whatever you plan on doing in the future.

Until next month – please wear your vest and stay safe.

Ron Dreher
Government Affairs Director – PORAN

June 2007 News Article:

The 74th Session of the Nevada Legislature ended at approximately 0110 hours, June 5, 2007. (The reason for the 0100 hour ending time is that the Nevada Supreme Court ruled that the legislature could have an extra hour due to daylight savings time.) Our legislature is mandated to end in 120 days. We started on February 4, 2007. This article focuses on the last 24 hours of our session. It certainly felt like we did 120 days in the last 24 hours.

Last month I reported on PORAN’s three sponsored bills – SB 3 (Sponsored by Senator Randolph Townsend – R – Washoe County)– which eliminates the remarriage penalty for our survivors who lost their spouses in the line of duty; SB 287 (Sponsored by Senator Bernice Mathews – D – Washoe County) – which would put our POST certified peace officers in Police/Fire (P/F) retirement and which placed our State Park Rangers in P/F retirement and AB 89 (Sponsored by Assemblywoman Bonnie Parnell – D – Carson City) –which provided heart and lung – occupational disease coverage for our State Park Rangers.

With two weeks left to go in our session SB 3 passed out of the Assembly Ways and Means Committee with an amendment that included occupational disease deaths and was sent back to the Senate for concurrence. The Senate concurred and on May 31, 2007, Governor Jim Gibbons signed our bill. (See enclosed photograph.)

With 24 hours to go in our session our day started at 0600 hours. President – Rob Holley (Park Rangers Association of Nevada – PRAON) and I met at the legislature at 0730 hours and immediately began lobbying the Assembly Ways and Means on SB 287. (I should note that due to the time constraints we had to amend this bill to only allow for the Park Rangers to receive an appropriation to put them into early retirement. The amounts – not included in the Governor’s budget were 108K and 107K.) Senator Raggio – R – Washoe County – Chairman of the Senate Finance Committee passed SB 287 on Friday – June 1. The bill was passed out of the Senate and sent to the Assembly Ways and Means. Both SB 287 and AB 89 then became pawns in the Assembly and Senate money committees.

AB 89 passed out of the Assembly Ways and Means Committee and was sent to the Senate. Rather than processing the bill in Senate Finance the bill was referred to Senate Commerce and Labor – Chaired by Senator Townsend. Around 1400 hours we were advised that there was a stalemate on both of our bills. We lobbied the Senate and the Assembly money committees in an effort to move the bills. That took until the late hours of June 4.

At 1600 hours Senator Maggie Carlton – D – Las Vegas – decided that she was going to amend AB 89 to include the volunteer firefighters. (Please remember that Senator Carlton was the only opponent to SB 3. She also refused to meet with PORAN throughout the entire legislative process.) PORAN was accused of attempting to kill AB 89 because State Risk Management had advised the committee that there was a fiscal note by allowing this to happen. Because of this PORAN learned that SB 287 was being held up in the Assembly. After adversarial discussions PORAN was successful in convincing the other side that we supported the amendment as long as there was no fiscal note to our bill. (The move to kill SB 287 was then lifted but the bill remained in Assembly Ways and Means.) We were advised that there was no fiscal note and the bill was amended and sent to Senate Finance Committee. At 2230 hours I testified in front of the Senate Finance Committee. Chairman Raggio passed our bill and warned that there had better not be a local government fiscal note for the volunteer firefighters. At 2300 hours we were advised by the volunteer firefighters that there was a fiscal note and that they were now going to remove the amendment. The Senate Finance Committee then rescinded the amendment and at 0058 hours the bill was sent to the Assembly. Unfortunately it was too late and our bill died. What a tragedy and what a shame. More on this next month.

Meanwhile, On June 4 at 2140 hours, SB 287 passed out of the Assembly Ways and Means committee. At 1040 hours the bill passed out of the Assembly and was sent to the Senate. At 0100 hours there was still no word on SB 287. The legislature then ended and we were left wondering what had happened to SB 287 and AB 89. At 0200 hours Rob Holley, Domenic Bravo (VP for PARON) and I left the building. We believed that we had been successful.

When I awoke on June 5 at 0630 hours I check the bill tracking site for the legislature and noted that AB 89 had not cleared the Assembly. SB 287 had no disposition. I learned later that the Governor was ordering a Special Session. I also learned that our bills had not made the Governor’s agenda. I believed that SB 287 had not passed as well.

On June 7, 2007, at 1000 hours, I received a telephone call from Rob Holley. He reported that he had heard a rumor that SB 287 was sent to the Governor. I immediately responded to Carson City and confirmed that SB 287 had been enrolled and was sent to the Governor for his signature. God must have been watching us for we believed a miracle had happened. We had done it!

Two of PORAN’s three bills passed. SB 3 now serves as a model law for the elimination of the remarriage penalty for our survivors. The bill takes effect on November 1, 2007. Thereafter, if the spouse remarries she does not lose her benefit. THAT IS AWESOME! It took 4 sessions to pass this. We are very proud of Senators Randolph Townsend, Joe Heck, Warren Hardy and Michael Schneider for making this happen. We are very proud of Assemblyman Marcus Conklin for securing an amendment that passed a very conservative Senate. Our thanks to Carolyn Sullivan surviving spouse of University of Nevada Sergeant George Sullivan, Jeanne Minnie, surviving spouse of Washoe County Deputy Frank Minnie and of course Jan Blaser-Upchurch, surviving spouse of John Blaser and COPS Board of Director for testifying on behalf of SB 3. My thanks go especially to Mike Neville, President of the Washoe County DA Investigators Association, Mike Cleveland, retired Reno Police Officer and former President of the RPPA, Steve Turner, Retired Reno Police Sergeant and former President of the RPSAE and to all those who wrote letters, made telephone calls and sent e-mails to make this happen.

BOTTOM LINE – WE DID IT! PERSISTANCE! GOD WILLING!

Until next month – please wear your vest and stay safe.

Ron Dreher
Government Affairs Director – PORAN

By the time this article is read the first month of the 74th Nevada Legislative session will have ended. This article will focus on the first week of the session.

Week 1 – On February 1, 2007, several days prior to the session beginning we learned that our priority bill – SB 3 – (The elimination of the remarriage penalty) was going to be heard on Friday, February 9, 2007 at 0800 hours in the morning. Normally we get just a little bit more notice of one of our bills being heard. Well, anyway….I immediately began notifying everyone – all of our PORAN members and our surviving spouses - that we needed HELP!

When I first put out the e-mail Carolyn Sullivan, surviving spouse of University of Nevada – Reno – Sergeant George Sullivan, and the person responsible for asking for PORAN’s assistance in bringing this bill forward again – advised me that she could not attend the Senate Commerce and Labor Committee hearing because as a single mom with four children, she had to work. That news was devastating to me and I began to wonder how in God’s name we were going to get the bill passed. Carolyn, as I previously stated in past articles was the foundation and backbone of this bill.

In 2001, PORAN brought Carolyn to the legislature and we successfully passed AB 217, unanimously through the Assembly. The Bill died in the Senate Commerce and Labor Committee. In 2003, Senator Townsend, Chairman of the Senator Commerce and Labor committee, sponsored SB240 – a similar bill – that would have removed the remarriage penalty and would have also provided lifetime health, accident and life insurance coverage for those survivors who had not been previously covered. (There were only two of our survivors that were not receiving the benefits at that time – Carolyn Sullivan and Lesa Peterson, surviving spouse of Las Vegas Metropolitian Police Officer Russell Peterson.) The bill was compromised and the remarriage penalty was taken out of the bill. Carolyn Sullivan was lambasted by one Senator during that session when we were lobbying our Senators. That Senator stated “So you’re the one who wants the money.” to Carolyn. That statement was most insulting and a very cruel remark to Carolyn. Needless to say that Senator lost her seat after that session. God works in mysterious ways!

Carolyn asked that PORAN not bring the bill forward in the 2005 session due to the problems encountered in the 2003 session.

Carolyn contacted me prior to the May 2006 – Nevada Law Enforcement Memorial and asked if we could try one more time to get the bill passed. I then approached Senator Townsend and asked if he would again sponsor the bill. He agreed and here we are with SB 3.

On Tuesday, February 6, 2007, I advised Senator Townsend that Carolyn was not going to be able to attend the scheduled Committee hearing based on her work schedule. His look back to me was shocking. We all know about non-verbal communication and Senator Townsend’s non-verbal communication was “the look”. The “look” was if Carolyn Sullivan did not appear and testify for this bill it would probably die in committee.

After that meeting I called Carolyn and advised her that I did not believe the bill would make it out of committee without her presence. Carolyn then advised that she would take the time off and get someone to replace her for the first couple of hours of her shift.

The rest of the week was a blur. Carolyn and I contacted everyone in law enforcement in an effort to get them to appear at the hearing. We contacted Jean Hill, President of the National Concerns of Police Survivors, and offered to pay her way to Carson City to testify. We contacted the Nevada Sheriff’s and Chief’s Association. Carolyn contacted all of our survivors and asked for their appearance and testimony. Carolyn even got in touch with the news media – Danita Cohen – KOLO TV – Channel 8, and arranged for a 0530 hours news interview on the bill.

The outcome: On Friday morning – February 9, 2007 at 0800 hours SB 3 was heard in the Senate Commerce and Labor Committee. We had a great turn out. Appearing for our survivors were Carolyn Sullivan and Jean Minnie, surviving spouse of Washoe County Sheriff’s Deputy Frank Minnie. Also in the audience was Linda Bohach, surviving spouse of Reno Police Officer John Bohach. Testifying on behalf of our bill was Mike Neville, President of the Washoe County DA Investigator’s Association, Retired Reno Police Robbery/Homicide Sergeant Steve Turner, Ed Flagg, President of the Nevada Correctional Officers Association, Frank Adams, Executive Director of the Sheriffs and Chief’s Association, Rusty McCallister, President of the Professional Firefighters of Nevada and me.

Opposition to the bill was given by several lobbyists and by one Senator. After much discussion Vice Chairman Senator Warren Hardy motioned to “amend and do pass” SB 3. Senator Joe Heck seconded the motion and Senators Townsend, Schneider, Heck and Hardy voted for the motion. Senator Carlton voted against the bill because she wanted the bill to apply to any person’s spouse who lost a spouse as a result of an death.

While the bill still has to survive the amending language portion and then pass the full Senate, and then go through the same process on the Assembly side, the fact that it finally passed out of committee after three sessions was proof that God was watching over our survivors. He truly works in strange ways.

To all of you who wrote e-mails, sent letters, made phone calls to our Senators, all of our survivors and all of us at PORAN thank you.

By the time this article appears in the February edition of the PORAC news the 74th Nevada Legislative session will have begun. PORAN will be actively supporting several bills and tracking probably dozens more. Our session starts on February 5, 2007 and goes 120 calendar days from that point. It will be a very fast paced, hectic session.

Here are our bills as of January 10, 2007: SB 3 – Sponsored by Senator Randolph Townsend ( R-Washoe County) and co-sponsored by Senators Joe Heck (R - Las Vegas) and Dennis Nolan (R – Las Vegas). This bill will remove the remarriage penalty for our law enforcement survivors whose spouses have been killed in the line of duty. Currently, when an officer is killed, his/her survivors received a 66 2/3 workers compensation claim. The 66 2/3 amount goes to the spouse and the children. If a spouse remarries they receive a two year buyout and the benefit ceases. The children continue to receive a prorated share of the 66 2/3 amount until they are 18 or 23 if they are enrolled full-time in college. The penalty for our survivors is ridiculous. If a surviving spouse does not remarry they receive the benefit until their death. It just does not make sense!

Senator Townsend is the Chairman of the Senate Commerce Labor Committee. We have solicited the assistance of our surviving spouses in Nevada and will be soliciting the assistance of the Nevada Chapter of Concerns of Police Survivors and the National Chapter of Concerns of Police Survivors. We will be asking active professional peace officers to testify on behalf of this bill when the hearing begin. If you would like to assist with this bill please contact me at or send me an e-mail to NRS289@aol.com.

Our second bill is BDR 976 – Sponsored by our 3 time Senator of the Year – Senator Bernice Mathews (D) Washoe County. This bill would place the State Park Rangers, who are category I Peace Officers into the Police/Fire Retirement system. The other portion of the bill would enable the less than 300 professional peace officers who are not in early retirement to be included in the police/fire early retirement. This is our 4th time at attempting to get this legislation passed. Out of 8,500 professional peace officers, less than 300 do not share the same benefits as the rest of us.

PORAN is working hand-in-hand with our newly elected Governor Jim Gibbons and our new First Lady Dawn Gibbons on several issues. Governor Gibbons has promised to support collective bargaining for our state law enforcement officers. First Lady Dawn Gibbons has formed a committee on methamphetamine and has included a number of professional peace officers on that committee including our President – Bill Ames, my son and President of the Sparks Police Protective Association – Ron Dreher and the new Undersheriff of Elko County Rocky Gonzalez.

We are also working with the Governor and his staff on the problems that face the state regarding the post retirement medical insurance for our state law enforcement officers.

PORAN is committed to working with all law enforcement associations in Nevada to accomplish our goals and objectives. Our efforts are not labor or management based. We will continue to support legislation that will benefit our professional peace officers and our families. We will continue to keep our standard high. We will fight to maintain the laws that protect the public and our officers.

Our mission is to maintain a leadership role in organizing, empowering and representing the interests of rank-and-file peace officers: To identify the needs of the law enforcement community and to provide programs to meet those needs; To represent and protect the rights and benefits of peace officers; To create an environment in which peace officers interact and work toward achieving common goals and objectives; To conduct research, to provide education and training, to define and enhance standards for professionalism; and to promote public awareness that encourages and maintains the image of a “Professional Peace Officer”.

If you or your agency needs assistance please contact me or Bill Ames. We are committed to protecting and serving the professional peace officers and our families.

Until next month – Please wear your vest. Also – check out our web site – www.poran.org.

Recently an article was published in the Law Enforcement Officer’s Journal, published by the Nevada State Law Enforcement Officer’s Association (Fall 2006, Volume 10, Number 3, page 83-89), condemning PORAN’s lobbying efforts. The article entitled Myth’s, Fables and Half Truths, written by Gary Wolff, Business Agend (Sic) and Lobbyist NSLEOA/COPS OF NEVADA, presented an article that was itself full of myths, fables and lies. I’m not sure why Gary Wolff wrote the libelous, defamatory article. I am sure that his article, in the name of garnering membership for his new employer, did more to hurt the image of our professional peace officers and destroy our credibility. Gary Wolff challenged PORAN, me specifically, to produce just what we have accomplished for our state law enforcement officers. I have outlined our accomplishments and what are objectives are for the future. PORAN is an organization that will continue to support and lobby for all professional peace officers in our state. We are a 99% volunteer, non-profit organization.

PORAN’s mission is to maintain a leadership role in organizing, empowering and representing the interests of rank-and-file peace officers: To identify the needs of the law enforcement community and to provide programs to meet those needs; To represent and protect the rights and benefits of peace officers; To create an environment in which peace officers interact and work toward achieving common goals and objectives; And to conduct research, to provide education and training, to define and enhance standards for professionalism; to promote public awareness that encourages and maintains the image of a “Professional Peace Officer”.

PORAN is an association of professional law enforcement officers. We are a non-profit organization incorporated under NRS. We represent thirty-six professional law enforcement associations statewide. We are affiliated with the Peace Officers Research Association of California (PORAC). Together we represent over 65,000 professional peace officers.

A federal advocacy firm - Patton Boggs LLC- lobbies for us federally. Currently we are monitoring or actively supporting the following legislation:

Homeland Security Funding - HR 2360 - Provides for funding first responder programs.

Faster and Smarter Funding for First Responders Act (HR 1544) - This bill provides for "risk-based" distribution method for the three current federal grant programs.

Social Security Fairness Act: HR 147 - This bill and several other like it would repeal the Windfall Elimination Provision which affects our law enforcement personnel and their spouses/widows.

CLEAN-UP METH ACT: HR 13 - Provides funds to law enforcement agencies for the safe identification, cleanup and disposal of meth laboratories.

Gang Deterrence and Community Protection Act of 2005: HR1279. This would expand the range of gang crimes punishable by death, establish minimum mandatory sentences, authorize the prosecution of 16 and 17 year old gang members as adults in federal courts and extend the statute of limitations for all violent crimes from five to fifteen years.

State and Local Law enforcement discipline, accountability and due process act of 2005: HR354 - This would provide standards and procedures to guide both state and local law enforcement agencies and law enforcement officers during internal investigations, interrogation of law enforcement officers and administrative disciplinary hearings. It would ensure accountability by law enforcement officers, guarantee the due process rights of law enforcement officers and require states to enact law enforcement discipline, accountability and due process laws.

The Public Safety Employer/Employee Cooperations Act HR 1249: This would provide collective bargaining rights for public safety officers employed by states or local governments, while prohibiting lockouts, strikes, sick-outs, etc. It would not interfere with current state laws that provide equal or greater collective bargaining rights. (NOTE: In Nevada the only peace officers that do not have collective bargaining are state peace officers.)

85. This would express the Sense of Congress that a postage stamp should be issued to honor law enforcement officers killed in the line of duty.

PORAN offers as an option to basic membership the PORAC legal defense fund (LDF). PORAC’s LDF is one of the best legal defense systems in the United States . Currently over 5 western states participate in this - California, Nevada, Arizona, Oregon, Montana and Utah. The LDF protects the rights of peace officers in Administrative, Civil and Criminal hearings. There are 4 basic plans - I - Civil, Criminal and Administrative, II - Civil and Criminal Coverage III - Civil, Criminal and limited Administrative Coverage and Plan IV - Reserve Member coverage. Plans I and III are experience rated. Plan II has a set rate. PORAN offers only qualified panel attorneys or panel representatives to our members.

PORAN offers optional labor representation that extends beyond LDF coverage. Services can be obtained through direct contract or per diem with service providers These providers assist our members with grievance preparation and representation up to and including the hearing officer level or arbitration. Our expert panel attorneys provide services that require judicial review and/or appeal of cases.

PORAN and PORAC both offer low cost training in all areas of law enforcement representation.

PORAN publishes a monthly article in PORAC’s news magazine. This magazine is distributed to our members and to various entities throughout the nation. It is one of the premiere law enforcement news magazines in the country.

WHAT WE HAVE ACCOMPLISHED BY WORKING TOGETHER FOR ALL PROFESSIONAL PEACE OFFICERS IN OUR STATE: (The below list represents only a portion of the bills that PORAN tracked or testified on behalf of or against.)

1999 – PORAN retains Ron Dreher to lobby. Ron’s business – (formerly known as) Law Enforcement Representation Services was contracted to lobby on behalf of PORAN.

PORAN’s bill - Health, Accident and Life insurance coverages for spouses/children who have had their husbands/wives killed in the line of duty.

Initiate elimination of re-marriage penalty for spouses who have their husbands/wives killed in the line of duty.

2003 – Health Accident and Life Insurance coverages retroactive to cover our state professional peace officer survivors.

Attempt coverage for all peace officers to be covered in early retirement and to have heart and lung coverage.

Testified against elimination of Post retirement medical benefits for state employees.

Testified for reduced vesting bill to ensure coverage for officers critically hurt in the line of duty prior to vesting.

PORAN has attended PERS meetings and was instrumental in an advisory committee studying the heart and lung benefits. We attempt to attend as many hearings as possible.

It is evident from my testimony that PORAN supported this bill and wanted Trooper Kintzel to be covered by this bill. To suggest that I conspired with another law enforcement agency to kill this needed legislation is a complete lie.

I support this bill. The bill should be made retroactive, if necessary, to ensure Trooper Kintzel's injury is included. I know an officer in Reno who received a catastrophic injury, but because the injury occurred during his probationary period, this bill would not help him. When an officer puts his life on the line, he should be covered from his first day on the job. This bill is a start to correct an error that has existed for a long time. I have not seen Exhibit F, but I will support the bill because anything is better than the system currently in place.

Gary Wolff advised everyone in attendance at this committee hearing that he was going to put an amendment forward that would kill the NRS 289 bill that everyone had worked on the entire session. He advised everyone that he had to put the bill forward to appease his employers and knew that the amendment would be killed. To suggest that I killed this bill and did not support what he was attempting to do was a lie. My testimony contradicts his article. As can be seen from my testimony and those that testified the officers already had coverage in emergency situations.

I am opposed to all amendments on the principle that all parties agreed to the bill in its printed form, and any additional changes can only upset the delicate balance achieved. The retirement question can be dealt with by PERS regulations. The jurisdictional matter is not an issue in practical terms. Any peace officer has a right and an obligation to perform that duty, regardless of boundaries. I do not believe we need to legislate the officer's discretion in an emergency situation.

I recommend that everyone research the legislative minutes and review the testimony of myself, Mr. Wolff and others who have worked diligently to enhance our profession. I am personally insulted and very upset over this libelous article. It is a series of lies.

If anyone has any questions or would like to discuss this matter further please feel free to call me at .

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First and foremost Merry Christmas and Happy New Year to everyone! We certainly hope that each of you have a prosperous and safe new year. Our sympathies go to our law enforcement families who have lost members in the line of duty and those who have passed on after serving and protecting our society.

PORAN held its December Board of Director’s meeting in Reno on December 6, 2006. Our guests were Tina Liess and Lynette Jones from the Public Employees Retirement System of Nevada (PERS). PERS had requested to attend our meeting to educate PORAN members on rumors that certain political sources were going to attempt to change our system from a Defined Benefit to a Defined Contribution retirement system.

Prior to, during and after the presentation PORAN affirmed its commitment to PERS that they would only support a Defined Benefit system and would oppose any changes, in any way to our retirement system. PORAN is very supportive of Nevada PERS. We believe that Nevada PERS is the most solvent and one of the best retirement systems in the United States .

For those of you who don’t know the differences between a Defined Benefit and a Defined Contribution retirement system here is a brief description of both.

Defined Benefit – This is what our PERS system currently is. A certain actuarial contribution rate is calculated and is invested by PERS over the life/career of the employee. The current rate for police is 32%. An employee receives a credit of 2.5% per year (prior to 2001) and 2.67% per year (after 2001). When an officer retires at that normal retirement age the retiree will receive their contributed amount for their life. They also receive benefit increases (COLAS) for their life. We have survivor benefits and a number of other benefits.

Defined Contribution: Under this system whatever money you invest is given back upon retirement. There are no benefits associated with this. This type of system would hurt, not help, our members.

A Defined Contribution system is favored by private industry. We will be following this issue very closely should any politician attempt to alter it in any way.

Washoe County Sheriffs Deputies Association (WCSDA), led by Bill Ames, reported that the new Washoe County Officer Involved Shooting (OIS) Policy has been approved and will be in place at the time this article is published. This OIS policy will be a regional policy for Washoe County. It has been reviewed by WCSDA attorney Mike Langton, as well as, WCSDA and all agencies in Washoe County. To see this policy send me an e-mail (nrs289@aol.com) and I’ll forward a copy to you.

Next month – February 5, 2007, our next legislative session begins. PORAN’s priority legislation is to eliminate the re-marriage penalty for our law enforcement survivors. If any of you would like to assist in this process let me know. PORAN will pay the $15.00 “volunteer” fee to make you a lobbyist for this session. This will allow you to contact each and every legislator rather than being limited to your representative. Again, send me an e-mail to get involved. You’ll also get a very good eye opener into the real Nevada political circle. It is a very good experience.

A couple of weeks ago Mike Neville and I met with Senate Majority Leader and Chairman of the Senate Finance Committee - Senator Raggio in our efforts to eradicate the early retirement discrimination for our less than 300 post certified law enforcement officers that do not receive police/fire early retirement. We know that for whatever reason Nevada PERS is opposed to this legislative. As we have advised Senator Raggio we will continue to bring forth this legislation to eliminate this inequity. We believe that we have shown the fallacies in the system and have provided a very effective resolution to fix the problem once and for all.

We also met with Senator Raggio about the lack of vests for our State Park Rangers. Senator Raggio has committed his support to ensure that our officers have the safety equipment they need to do the job.

Lastly, there is a group in Nevada identifying themselves as COPS OF NEVADA. The group is affiliated with the Communication Workers of America (CWA) which is a very large union made up mainly of communication workers. The Nevada State Law Enforcement Officer’s Association (NSLEOA) is the group behind COPS OF NEVADA. According to a recent publication there are 700,000 CWA members nationwide. Of those approximately 30,000 are law enforcement. CWA is mainly made up of communication workers and they have done a great service for their communication worker members. COPS OF NEVADA is currently touting this union as one that will assist our professional peace officers in a much better way than PORAN. One big difference between our groups is that PORAN is a 99% volunteer, professional peace officer Association. We are affiliated with PORAC and are made of entirely of professional peace officers. There are over 65,000 professional peace officers in our group. We support, protect and serve our members and their families. We support all professional peace officers in our state. We have the best legal defense system in the United States . I will be addressing additional differences between PORAN and COPS of NEVADA aka NSLEOA, in future articles. I was given a copy of an article recently published in the Law Enforcement Officer’s Journal , Fall 2006, Volume 10, Number 3 wherein Gary Wolff, a business agent for COPS OF NEVADA wrote an insulting, defamatory, libelous article regarding myself and our lobbying efforts. His remarks are self-serving and only hurt Nevada’s professional peace officer image. More on this topic later.

Please check out our web site – WWW.PORAN.ORG for up to the minute information on what is going on in Nevada’s law enforcement politics.

PORAN is proud to announce our 10 year legislative goals and objectives, and a few of our accomplishments.

PORAN’S TEN YEAR PROJECTED LEGISLATIVE OBJECTIVES AND GOALS

1. Survivor benefits - elimination of re-marriage penalty - workers compensation.
2. Collective bargaining rights/due process rights for state law enforcement officers: all categories.
3. Binding arbitration for state law enforcement officers facing discipline appeals.
4. Rights of Police officers - Lack of support by police management - due process violations. Penalties for violations of NRS 289 rights. (Accomplished 2005 – took effect October 1, 2005.)
5. Discovery issues effecting Nevada’s law enforcement community. Watson v. Las Vegas Housing Authority. (Passed 2005 – Took effect October 1, 2005)
6. Recognition of all categories of law enforcement officers by PERS in P/F retirement.
7. Workers Compensation coverages for Heart and Lung vs. Risk Management and Insurers – All professional peace officers. Partially passed 2005 – legislative session.
8. Part time employees being hired to replace full-time police officers.
9. PERS issues - 2 paychecks a month for everyone. 3% @ 50.
10. Classification for all state officers in unclassified positions.
11. Comparable pay and benefits for state law enforcement officers and local government officers. (Successful in 2005 legislature)
12. Discovery for law enforcement applicants when background information when applicant is denied.
13. Defined Retirement Option Program (DROP)
14. Peace officer bill of rights - confidentiality. (Partially passed 2005 legislature)
15. Peace officer bill of rights - Brady v. Maryland - Discovery of police internal affairs files.
16. NRS 289 - Two representatives allowed in hearings, etc. (Passed – 2005 legislative session.)
17. Safeguarding NRS 280 (Consolidation Issues).

Duty to Disclose

.001 References

.002 Purpose

.003 Discussion