L o s A n g e l e s C o u n t y P r o f e s s i o n al P e ac e O f f i c e r s A s s o c i at i o n

StarShield
&

Volume 39 Issue 2 February 2012

See Page 4

Report from Sacramento: Pensions, Politics & Memorials 5

Insurance Protection from PPOA 10
Your Rights with ICIB 15

STRAUSSNER s SHERMAN

We have devoted ourselves and our staff

to providing the highest level of personal
services to our clients.
Our emphasis is primarily on
Workers Compensation
Employment Litigation

LACERA Retirements
Personal Injury

Please contact Aaron or Julie

for a free consultation.
Van Nuys Historic Library Building

14555 Sylvan Street, Van Nuys, California 91411

ph: (818) 788-1700 | fax: (818) 788-1705
www.iodlawyers.com
Making a false or fraudulent workers compensation claim is a felony subject
to up to five years in prison or a fine up to $50,000 or double the value of the
fraud, whichever is greater, or both imprisonment and fine.

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188 E. Arrow Highway

San Dimas, CA 91773
(323) 261-3010 | (800) 747-PPOA
Fax (909) 480-3011

TABLE OF
CONTENTS

(e-mail) info@ppoa.com
(web page) www.ppoa.com
POPA Federal Credit Union
(800) 369-7672 | www.popafcu.org

2012: Preparing for Battle . . . . . . . . . . . . . . . . . 4

Star & Shield is the official publication of the Los Angeles

County Professional Peace Officers Association (PPOA).
Opinions expressed by individual board members or
contributing authors in this publication do not necessarily
reflect the opinions of the entire Board.
The Board of Directors meets on the second Wednesday
of each month in the PPOA offices at 10:00 a.m.
Star & Shield subscription: $12.00

Browsing, Shooting and Transferring . . . . . . . . . . 8

Executive Editor: Brian Moriguchi

PPOA Insurance Agency to Provide

News from Sacramento:

Pensions, Politics & Memorials . . . . . . . . . . . . . . 5
Politics: Not Always as They Appear . . . . . . . . . . . 6
The Latest from Custody . . . . . . . . . . . . . . . . . 7

Complete Protection and Peace of Mind . . . . . . . . 10

BOARD OF DIRECTORS
Brian Moriguchi, President
Jim Cronin, Vice President
JIMBLANKENSHIP, Secretary
Rogelio Maldonado, Treasurer

David vidal
Gerardo Garcia
JIM SCHALLERT

2012 STANDING COMMITTEES

ASSOCIATIONS
Chairman Moriguchi
DELEGATES
Chairman CRONIN
FINANCE
Chairman MALDONADO
INSURANCE
Chairman Moriguchi
LEGISLATIVE
Chairman REDDY
MEMBERSHIP
Chairwoman Hazen

612 NEGOTIATIONS
Chairman Moriguchi
614 Negotiations
Chairman VIDAL
621 NEGOTIATIONS
Chairman BLANKENSHIP
631 NEGOTIATIONS
Chairman MACHIAN
632 Negotiations
Chairman Kades
RETIREE LIAISON
Chairman REDDY

911Media is a division of Trade News International, Inc.

Published by 911Media
For Advertising call
(818) 848-6397
Follow LAPPOA
on Twitter

California Peace Officers Memorial Foundation . . . 14

Know Your Rights When Contacted by ICIB . . . . . . 15
Paycheck Deception is Back! . . . . . . . . . . . . . . 16
LASD Professional Staff Day . . . . . . . . . . . . . . . 17
Use of Company Computers and Privacy Rights . . . . 19

DIRECTORS
Danya Hazen
Tony Romo
TAB RHODES
ARTREDDY

Supporting Law Enforcement . . . . . . . . . . . . . . 11

Connect with
L.A. County PPOA
on Facebook

PPOA Online Store:

www.poastore.com

Lobster Fest: ELA Station Reunion . . . . . . . . . . . 23

PPOA AFFILIATIONS
Southern California Alliance
of Law Enforcement (SCALE)
California Coalition of
Law Enforcement Associations (CCLEA)
International Foundation
of Employee Benefit Plans
Los Angeles County Organization of Police
and Sheriffs (LACOPS)
Public Employees Staff Organization (PESO)
Fraternal Order of Police (FOP)
National Conference of Public Employee Retirement Systems
California Peace Officer Memorial Foundation

PPOA STAFF MEMBERS

PAULK. ROLLER, Executive Director
SANDRA BRYANT, Administrative Assistant
CLARE FRANCO, Administrative Assistant
NORMA GOMEZ, Administrative Assistant
TERESA MACHADO, Intake Representative
VIOLETPEREZ, Administrative Assistant
MARLYNERINALDI, Sr. Labor Representative
GREG TORRES, Public Relations Coordinator
Mark Vidal, Media Assistant
MARICELA VILLEGAS, Sr. Administrative Assistant
JIMVOGTS, Legislative Representative
VENISE WALLACE, Sr. Labor Representative

february 2012 | Star&Shield

2012: Preparing for Battle

W
Brian Moriguchi
PPOA President
Lieutenant, LASD

bmoriguchi@ppoa.com

Its time to roll up our

sleeves and get to
work. There is a lot to
work on in 2012!

ell, 2012 certainly started off with

a bang. It looks like this year will
be the busiest year for PPOA in our
history with pension reform, contract
negotiations, lawsuits, ballot initiatives and elections,
jail drama and federal investigations looming ahead
all this in addition to our day-to-day operations
defending employees rights and challenging bad
policies and procedures. Well, lets get to it!

Pension Reform
We continue to fight the attacks against
public employee pensions. Every day, there are
several articles in local newspapers outlining how
public pensions are destroying this country and
plunging government further and further into
debt. The only thing that will stop the hysteria
and misrepresentation of pensions is an economic
recovery. Since that is not so apparent in our near
future, we must gear up for the fight that lies ahead.
Our lobbyist, Jim Vogts, attends regular meetings
in Sacramento with Californians for Retirement
Security, a coalition of organizations to protect
pensions and dispel untruths about pensions. Jim
and I also attended the third meeting of the California
legislative committee to address pension issues. This
committee will ultimately propose pension changes
to the legislature, and it is critical that our voices
be heard. Get up-to-date information about our
pension battle at www.LetsTalkPensions.com. This is
a great website where you can find the truth about
pensions. Check out the Myths & Facts page for a
quick overview.
Contract Negotiations and Lawsuits
Well, this year, all of our bargaining units will
see their contracts expire and have to decide
whether to open negotiations. We will leave it at
that so as not to interfere with the strategies of
negotiations. Suffice it to say that your bargaining
committees are always looking out for your best
interests, and I am confident they will make the
right decisions.
This past month, we put an end to a lawsuit
filed against PPOA by former Office of Public
Safety (OPS) officers, Coker et al. v. County of
Los Angeles et al. (including PPOA). We filed a
Demurrer asking the court to dismiss the cause
of action against PPOA, as well as a Motion to
Strike (anti-SLAPP statute). PPOA prevailed in the
Motion to Strike (rendering the Demurrer moot)
and was removed as a defendant in the case. The

Star&Shield | february 2012

OPS merger was handled extraordinarily well

by PPOA and the OPS negotiating team for the
betterment of OPS officers, and we are thankful
that the court ruled in our favor and ended this
frivolous lawsuit.
Ballot Initiatives and Elections
As previously stated in past Star & Shield issues,
special interest groups representing big business
and certain political agendas are the driving force
behind attacks against workers and their unions.
We saw these attacks taken to the extreme in states
like Ohio, Wisconsin and New Jersey to eliminate
unions altogether. In California, such an attack
would surely fail. So these special interest groups
and certain politicians have focused on a sneakier
approach, hoping to fool Californians at the ballot
box. One such trickery is an initiative that recently
qualified for the November ballot: Prohibits
Political Contributions by Payroll Deduction.
Prohibitions on Contributions to Candidates.
Initiative Statute. This ballot initiative is ironically
referred to as Stop Special Interest Money Now
by its proponents. This initiative would prohibit
payroll deductions for political action activity for
labor unions AND corporations. On the surface,
it seems to be a good idea and fair. But one needs
to dig deeper to understand what is behind this
initiative. Ending payroll deductions for unions
would be catastrophic as it would be very costly to
collect money for political action committee (PAC)
activity through individual solicitation of funds to
members. But it applies to corporations too, right?
Yep. Except that corporations DO NOT collect
political action monies through payroll deduction
of its employees. Corporations political monies
come out of their profits and are controlled by their
executives, not their employees. The end result:
1. Less money to political activities by unions and
the working class and more money for political
activities by big business.
2. Less money to politicians who support the
working class and our pensions and more
money to politicians who support big business
tax breaks.
Regardless of your political party affiliation or
political position, you need to be aware that this
initiative is intended to break unions in California,
take away your pensions and benefits and reduce the
rights of employees.
continued on page 13

News from Sacramento:

Pensions, Politics & Memorials

E
Paul K. Roller
PPOA Executive Director
proller@ppoa.com

PPOA will fight any

changes adverse to
our membership along
with our union partners
throughout California.

very year in early January, PPOAs

president, executive director, legislative
representative, political action committee
chairman and this year vice president
attend a series of meetings in Sacramento with
other law enforcement organizations from across
the state. This year, the PPOA representatives
attended three major functions:
1. The California Coalition of Law Enforcement
Association (CCLEA) meeting.
2. The CCLEA Legislative Reception, where
approximately 40 legislators made it a point
to meet with the California law enforcement
union representatives.
3. The first meeting of the year for the California
Peace Officers Memorial Foundation (CPOMF).
All of these January meetings serve as a kickoff to the political and legislative issues that
law enforcement unions like PPOA will face in
the upcoming year. I am always struck by the
commitment our various union partners have
for their members and how hard they all work
to improve the lives of the law enforcement
personnel they represent.
As we expected and have written about many
times in the past year in these pages, 2012 will be
a make-or-break year for most law enforcement
unions. We will have to fend off attacks from
many directions on our pensions, our retiree
health care and our ability to continue to be
actively involved in the political process both
locally and on a statewide level. Let me highlight
some of the issues that were at the forefront of the
CCLEA meeting.

CCLEA Meeting Issues

The police officers unions in the cities of
San Diego and San Jose are under major attacks
from their locally elected officials. Both cities are
fighting off efforts to reduce their pensions and
retiree health care for future and current retirees.
In San Diego, the employees share of the costs for
pension and retiree health care looks like it will
reach 40 percent of their paychecks by the end
of the year. How many police officers does San
Diego expect to keep when their pension/health
care costs will be almost half of their total salary?
If a deal is not reached, it would appear that
there may be a blue flight from San Diego by a
number of police officers, and those who stay will
have their take-home pay drastically reduced by
having to pay increased pension/health care costs.

In San Jose, the situation seems to be even

worse. In that city, the mayor is attempting to use
a fiscal crisis to destroy the pensions of current
and future retirees. Again, if a deal is not worked
out by the mayor and the officers union, the
mayor intends to use a new theory in the courts to
rework the peace officers pensions. If the mayor
is successful, (e.g., if he wins in court) you can
expect many other local governments to follow
the same path toward weakening peace officers
pensions by using the fiscal crisis excuse in
local courts.
San Jose and San Diego are attempting to
break new ground in restructuring pensions and/
or making peace officers pay more money out of
their pockets for the same benefits. Since City
Council and Board of Supervisors members share
information and strategies just like members of
CCLEA, then whatever success these politicians
have in modifying pensions in their cities can
easily be exported to other cities and counties
across California.
PPOA, through its membership in CCLEA and
SCALE, will continue to monitor these two cities
and their test cases and provide whatever assistance
we can in helping them fight off these challenges.
In addition, PPOA has and will continue to
monitor pension reform initiatives and pension
reform legislation introduced in Sacramento in
2012. Governor Brown has already released his
12-point pension reform program and numerous
initiatives are circulating in attempt to get on the
ballot in November 2012. PPOA will fight any
changes adverse to our membership along with
our union partners throughout California.
Paycheck Protection
Another major issue discussed at the CCLEA
meeting in Sacramento was a new paycheck protection
initiative that will be on the ballot in November
2012. This new paycheck protection initiative on the
November ballot has a misleading title: Stop Special
Interest Money Now. Many of you remember that
we have fought off this issue twice before in the last
10 years.
What is paycheck protection (Stop Special Interest
Money Now)? It is an initiative to gut the ability of
PPOA or any other unions in California to be involved
in the political process. The initiative will stop payroll
deduction of any dues earmarked for politics.
continued on page 18

february 2012 | Star&Shield

Politics: Not Always as

They Appear

L
Jim Schallert
PPOA Board Member
Sergeant, LASD

jschallert@ppoa.com

Instead of being
rational about what is
fair and not fair, there
are initiatives out there
to either reduce or
completely eliminate
pubic pensions or
defined-benefit
pensions as a whole.
Its scary.

Star&Shield | february 2012

ike many of you, much of mypersonal voting

history was and continues to be dedicated
to a certain political affiliation. My personal
belief system lies more in line with a certain
group. As to which one, I will just say that I have
spent many a weekend browsing the archives of
a certain library in Simi Valley. I consider myself
active in political matters my home has been a
neighborhood polling place for many years and I
often speak with friends and relatives about current
matters that impact both us as law enforcement
professionals and community members.
With all of that said, I must say that in the past, I
would wonder, as many of you surely have, how our
unions could support measures or candidates that
clearly sit across the aisle from my personal beliefs.
In the past year, however, I have been educated as
to why that sometimes happens. As a Board member
of your union, I need to balance my personal political
beliefs with choices that will protect our members.
Not only do we fight for laws that keep crooks locked
up for as long as possible, but we fight against any
legislative effort that harms your retirement, salary
or benefits. You all work very, very hard and deserve
a fair retirement system and benefits. To me, that is
paramount. That is what we at PPOA need to argue
for. That is what you elect us to do.
In the past year, we have all seen the relentless
attack on public pensions. Well, my friends, I believe
that attack is going to continue. Unfortunately, most of
the legislation and initiatives being drafted continue
to attack public pensions in general. Those who draft
them dont seem to care about those of us who risked
our lives for 30 years to keep them safe. They view all
public pensions as unfair or excessive. They dont
differentiate between the LACERA model one that
works and is fair and some others that have been
labeled excessive. The shocker to me was that many
of these initiatives have been drafted by the side of the
aisle I have supported my entire adult life. It made no
sense to me that many of those with whom I agree on
so many issues could have the opinion that cops and
firemen dont deserve a fair pension system.
Instead of being rational about what is fair and
not fair, there are initiatives out there to either reduce
or completely eliminate pubic pensions or definedbenefit pensions as a whole. Its scary. Many bills
and initiatives are masked as something that my
right-brained self would think makes sense, but upon
closer reading, opens the door for future attacks on
our pensions. Again, its scary. While these politicians
may somehow believe they are doing the right thing,

it would surely be nice if that group as a whole

stood up and said, Leave the cops and firemen
alone. Lets hope common sense kicks in, and they
look at the LACERA model as the solution, not the
problem. I speculate that if the LACERA model was
used statewide, the legislator who initiated the move
would be considered a hero bythe vast majority on
BOTH sides of the aisle.
PPOA uses your PAC money to fight for many
things. Both PPOA and ALADS have a strong voice
in Sacramento, thanks to the PAC. Without this
funding, we wouldnt be able to have your voices
heard by people who will protect your pensions and
benefits. I will tell you, it is the difference between
being represented and being silent to many of these
lawmakers. With PAC, they know what we support
and what we dont. They hear your concerns firsthand.
I wont dwell too much on it, but I will say that with
pension protection being our top priority at PPOA, I
encourage you to read the entire text of any bill you
vote for, with the mindset of how it can impact your
pension. Our job as a union is to be your voice. Thats
the way it works. You elect us to do the research and
support the right actions. On the flip side, I hope all
of you understand that we are doing exactly that. We
are constantly researching and supporting the things
that will protect pensions, salaries and benefits. You
may see PPOA support some issues or candidates
over the next year and scratch your head. If you do,
just ask us why. I am always open to any questions
members have.
Regarding Promotions
Since I last mentioned the promotion process
in my article a couple months ago, I have been
asked several times about it. We at PPOA are
dedicated to fighting for a fair promotional
process to sergeant (as ALADS should be
and I believe is) and lieutenant and even captain
and commander. While the sergeant promotional
process was developed in response to the Bouman
lawsuit, it is no longer subject to the federal
court monitor. This also means it is no longer
protected by that suit (i.e., promotions at a certain
set percentage of any gender, ethnicity, etc., are
illegal). All of the promotional processes should
provide fair opportunities for all, irrespective of
any personal relationships or affiliations. While we
at PPOA understand executive privilege, meaning
promotions based upon the genuine needs of the
continued on page 21

The Latest from Custody

F
Danya Hazen
PPOA Board Member
Custody Assistant, LASD
dhazen@ppoa.com

We have a long way

to go, but dont think
it is over.

irst of all, Im sure you all received the

e-mail sent by the Sheriff s Department.
It basically asked custody assistants if we
wanted to be custody deputies amongst
other questions. That e-mail should not have been
sent. It was a prime example of how things are
done without going through the proper channels.
PPOA did not approve of the e-mail in fact, the
union was never consulted. As expected, the e-mail
was pulled very quickly.
The Sheriff s Department has been trying to stop
the slow bleed that we are experiencing. C/As could
be one of the big solutions, but there seems to be
no acknowledgement of that fact. Lets look at some
of the factors that would allow us to save money,
change the dynamics in custody (lowering force
use) and enable deputies to go to patrol or expand
their careers in the many directions available to
them. We already know that C/As are saving the
Department millions. The dynamics are easy. Look
at the force issues created by C/As versus deputies. It
really is an eye opener. It is not because C/As are not
capable; we were just trained differently. If a video

was taken in custody, you would see that C/As are

working side-by-side with deputies.
A task force has been set up of about 30-40
Department members (all sworn) to come up
with ideas to completely change custody. Notice
I referenced sworn. What would be wrong with
asking a couple of C/As (or even one!) for their
perspective? The e-mail I mentioned was done
so that they could try to figure how many of you
would be interested in becoming a custody deputy!
Now, about the only thing C/As have at this point
is seniority. If you want to be a custody deputy, you
have to apply like everyone else. The way it looks
now is that you will lose your C/A seniority and
have to go through the whole process of being a
deputy. No promise of a job if you dont make it. Isnt
that what happened to the OPS people?
We have a long way to go, but dont think it is
over. I have just tried to give you something to think
about. We should not have to go through a full
academy. We are doing the work.
Remember, it is important to stand together,
united and strong one for all and all for one.

2012 Professional Peace Officers

Charitable Foundation Events
PPOAs Charitable Foundation plans to host a handful of exciting
events this year, and we would be honored to have you join us as
a volunteer, entrant or simply a supporter. All funds raised will
benefit those truly in need, including families of fallen officers.
Announcements for the events below will be published in future
issues of Star & Shield. Please let us know if you would like to
help the Foundation plan any of these worthy causes by calling
(323) 261-3010.

Poker Tournament

Food Truck Rally

Motorcycle Ride

Fitness Challenge

Cigar Night
The Professional Peace Officers Charitable Foundation is a 501(c)(3)
charity organization. Tax ID #95-4752410.

february 2012 | Star&Shield

Browsing, Shooting and

Transferring

G
Gerry Garcia
PPOA Board Member
Security Officer, LASD
ggarcia@ppoa.com

Please make every effort

to attend the Peace
Officers Memorial
Ceremony at STARS
Center this year. You
should also try to
attend the ceremony
in Sacramento at least
once in your career.

ood afternoon, Sheriff s personnel.

How are you all doing so far? Hopefully
well. Its been a few months into the
year, so how are you coming along with
your yearly promises? Good luck! Some of you are
training for Baker-to-Vegas, and some of you are
just training for the enjoyment of it. Great job.
Hope to see all of you while youre out in Vegas
or on the run. Good luck to all of you: runners,
support staff and fundraiser participants.
By now, most of you know that PPOA maintains
a Facebook page. Make sure to check it out. There
is a direct link on PPOAs website (www.ppoa.com).
On that note, I have received e-mails from people
who wonder whether its true that whatever you
open on a Sheriff s Department computer can be
seen (and saved) by proper Sheriff s personnel.
I just want to remind you that any passwords
and pages you browse on work computers are
accessible by supervisors, so make sure not to
send anything inappropriate. That will only lead
to trouble.
How many of you have gone to Biscaluz
Shooting Range to improve your score and add
funds to your paycheck? Make sure to stop by and
take advantage.

A reminder for those of you interested in

moving within the Department: Make sure to
put in your transfer request. As openings come
up, you will get notified. I know some of you
have expressed interest in trying something
different. Some of you have also been interested
in transferring to another location that uses more
of the tools you were trained in. Be patient and
you will get there. Last but not least, some of you
have also have been interested in getting closer
to home. Thats all part of putting in the request.
Good luck.
I hope to see many of you at the PPOA
delegates meeting on March 6. Make sure to
RSVP. Its vital to get as many as possible to keep
informed on the happenings in the Department
and statewide. Theres a lot at stake this year, so
please be aware of what can affect you.
Please make every effort to attend the Peace
Officers Memorial Ceremony at STARS Center
this year. You should also try to attend the
ceremony in Sacramento at least once in your
career. Both events are very memorable.
As I always say: Stay safe, and look out for your
partners. The goal is always to go home at the end
of your shift. Scan and breathe

Whom to Call at PPOA...

Discount Tickets, Address Updates,
Non-Job-Related Legal Consultation:
Call Violet Perez
Disability, Insurance Benefits:
Call Norma Gomez
Membership, Dues Deductions:
Call Clare Franco

Job-Related Labor Representation:

Call Teresa Machado
Free Notary Services:
Call Maricela Villegas

Star & Shield, PPOA.com,

Social Media:
Call Greg Torres

Board and Foundation

Inquiries, Political Action:
Call Sandi Bryant

(323) 261-3010
8

Star&Shield | february 2012

In Honor of the Men and Women Who

Serve and Protect our Cities

General and
Cosmetic Dentistry
Maher Al-Bouz, D.D.S.

639 E. Foothill Blvd., Suite A

San Dimas, CA 91773
(909) 599-2029
22062 Ventura Blvd.
Woodland Hills, CA 91364
(818) 676-1485

www.clddentistry.com
Delta, Anthem Blue Cross and Most Insurance Plans Accepted.
*Special pricing for all services not covered under insurance.
Financing Available

Happy to announce
the grand opening
of the treatment
center for
snoring,
sleep apnea
and tmj!

PPOA Insurance Agency to Provide Complete

Protection and Peace of Mind
By Eddie Holmes, PPOA Insurance Agency Manager

s we stated a couple of months ago, PPOA is proud to announce

that we will be offering a completely new way for PPOA members
to purchase insurance. There will be two services available for you.
One will be available when we make a work site visit, and the other
will be for those of you seeking a more comprehensive evaluation.
Work Site Visits
Our insurance enrollers will visit County facilities to discuss products
and services with PPOA members. In an effort to minimize the time
spent in these meetings, only the work site insurance programs will be
discussed. This will include the disability insurance, accident insurance,
cancer insurance, critical illness insurance, hospital indemnity insurance
and long-term care programs. A concise review of your insurance needs
will be assessed, and a solution will be offered when appropriate. This
should take no more than 15 minutes.
If you would like to do an in-depth review of your home owners
insurance, car insurance, life insurance or other insurance programs,
we can meet at the PPOA insurance offices or at a time and location

PPOA $1,000
Team Weight Loss
Challenge

convenient for you. This is covered under the comprehensive

evaluation service.
Comprehensive Evaluation
PPOA is proud to offer an in-depth insurance planning service. We will
have an initial meeting at a time and location convenient to you to discuss
the various insurance programs you have. If it appears that your need can be
cared for at the initial meeting, we will do so. We anticipate this to take 30
minutes, depending on the scope of the meeting. The amount of time spent
at this meeting will depend on the amount of information needed to make an
accurate analysis of your insurance needs.
However, if you need a complete insurance analysis, we will get the
necessary information and provide you with the solution at a second meeting.
This way, you will not have to spend a large amount of time in one meeting
discussing insurance programs. We will prepare a written insurance analysis
and provide you with options to meet your needs at the subsequent meeting.
If you are interested in meeting with one of our agents, please feel free to
call us at (909) 599-8627.

Dodger Stadium to Host PPOAs

First Delegates Meeting of 2012

May 1-June 5

Register after March 14,

$50 per person
Details at www.ppoa.com
Contact: sbryant@ppoa.com

Juan Ocampo/L.A. Dodgers

Register on or before March 14,

$40 per person

Tuesday, March 6th, 5:00 p.m.

Dodger Stadium Club
1000 Elysian Park Avenue, Los Angeles
RSVP no later than February 24, 2012
(323) 261-3010
Topics include jails, insurance,
pensions and more.

10

Star&Shield | february 2012

Supporting Law Enforcement

By Fiona Ma, Speaker Pro Tempore, California State Assembly

s the speaker pro tempore and a member of the speakers

leadership team, I am proud to stand up for Californians as
I continue my work with law enforcement, district attorneys
and advocates to assist victims of violent crime and keep our
communities safe.
When I was first elected to the Assembly, I was appointed to serve on the
Public Safety Committee when the pressure of the overcrowding crisis was
mounting and the federally appointed receiver to address prison medical
care was serving his second year. I have told my colleagues that it was one of
the most challenging and heart-wrenching committees to sit on, but it was
also one of my favorites. As I heard and prepared myself to vote for each bill,
I relied on law enforcement to share their stories on the ground and provide
very important insight into the evolving nature of certain crimes and how
officers on the line would be impacted on a day-to-day basis, especially
during these fiscal times.
Fast forward the clock three years, where we are in the wake of the Plata/
Coleman Decision and Governor Browns realignment plan. My colleagues
and I continue to try to ensure that new crimes dont go unaddressed,
especially when the state continues to grapple with how to best protect the
public with fewer state resources and prepare our local jails with state inmates.
The events you witness and the stories you hear make my job easier, so thank
you for all of your service.
I also want to share a little bit about some of the recent work I have
been doing in Sacramento. As chair of the Select Committee on Domestic
Violence, I have been focusing on important issues relating to domestic
violence by conducting hearings throughout the state to further examine
what the Legislature can do to prevent incidents and protect victims. My
hope is that the work of this committee will not only lead to new legislative
ideas, but also raise public awareness surrounding this very important issue.
Thats why Im so proud of my awards: 2008 Outstanding Legislator from the
California State Sheriff s Association; 2008 Legislator of the Year from Crime
Victims United; and 2010 Legislative Champion from California Partnership
to End Domestic Violence.

This year, I worked with the law enforcement community to pass

important measures to promote public safety. With your tremendous
support, Governor Brown signed some of my most important bills this
year to keep our streets safer.
In response to the growing number of drug-related teen deaths at
all-night dance parties and raves in California, I introduced AB 74,
which helps to prevent raves from harboring drug use and distribution
by giving local government and law enforcement the tools for effective
public safety through risk assessments and action plans.
In 2009, UCLA conducted a study where 20% of young adults were
able to override the system by scanning other items and/or swiping
credit cards. AB 183 requires that all alcohol purchases be done with
a face-to-face transaction to ensure proper identification and prevent
sale to minors and the intoxicated. AB 183 at least puts alcohol on
par with spray paint, cigarettes and prescription medication simply by
requiring that alcohol be purchased through a sales clerk and not at a
self-checkout machine.
Thank you for continuing to work with me on issues in your
community. If you see a problem that needs to be fixed or want further
action on an area to promote public safety in your community, I
encourage you contact me in my Capitol office.

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Stop by the PPOA table for a free gift!
For more information,
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february 2012 | Star&Shield

11

Retiree Events
Retired Marshals Lunch
March 7, 2012
Elephant Bar, Downey

Desert Heat Lunch

Second Wednesday of each month
Elks Club, Lake Havasu

LASD Retiree Roundup

April 1-4, 2012
Riverside Resort & Casino, Laughlin
$29 per person
Info: (928) 776-0639 or www.lasdretired.org

The Motherlode Loafers

Second Wednesday of each month
Location varies among Grass Valley restaurants
Info: ceklasd@earthlink.net

Retired Marshals Lunch

April 4
Northwoods Inn, La Mirada
LADA Investigators Reunion
April 18-19, 2012
Sun Coast Hotel & Casino, Las Vegas
Info: Hershel Aron, pokey125@cox.net
Retired Marshals Lunch
May 2
Yang Chow, Pasadena
Former L.A. Deputy Sheriffs in Texas Annual Luncheon
May 19, 2012
Shriefer Residence, Katy, Texas
Info: Dan Castillo, castilloDR2@gmail.com
Lakewood ROMEOs Luncheons
Second Monday of each month
Los Angeles Retired Deputy Sheriffs (LARDS)
Second Monday of each month
Bella Italia Restaurant, San Gabriel (across from Northwoods Inn)
11:30 a.m./$10.00
Wuzz Fuzz/Victor Valley
Second Tuesday of each month
Hometown Buffet, Victorville
7:30 a.m.
Retired D.A. Investigators Lunch
First Wednesday of each month
Frantones, 10808 Alondra Boulevard, Cerritos
11:00 a.m.
Info: Wes English, (714) 962-5862
Inland Empire Old Guys
First Wednesday of each month
B.C. Caf, Rancho Cucamonga
11:30 a.m.
Info: Dock Parnell, (909) 981-6217
L.A. County Retired Deputies
First Wednesday of each month
Carrows, Hesperia
11:00 a.m.

12

Star&Shield | february 2012

Retired Deputies in Las Vegas

Third Wednesday of each month
Blue Ox Tavern on Sahara
12:00 p.m.
Info: Tony Silas, (702) 251-8088
Compton Alumni Association
Third Wednesday of each month
Crystal Hotel & Casino
12:00 p.m.
Santa Clarita Area Retired Sheriffs
Personnel Quarterly Luncheon
Second Thursday in February, May, August and November
Tournament Players Club restaurant, Valencia
11:30 a.m.
Info: islandbum@ca.rr.com
Firestone Station Retirees Lunch
(Others welcome, too)
Fourth Thursday of each month
11:00 a.m.
Maggies Pub, Santa Fe Springs
Info: usafeod54@earthlink.com or Jack at fatalitch@ca.rr.com
Antelope Valley Retirees
Last Friday of every month
Carrows on Avenue K, Lancaster
7:00 a.m.
Info: Carlos Valdez, (661) 943-0125 or valdez5150@msn.com
Fuzz That Wuzz/Central California
Occasional reunion for LASD retirees
Info: Walt Scheuerell, (559) 683-6320 or walts@sierratel.com
Northern Sierra Retirees
Occasional reunion for LASD retirees
Info: Drake Robles, dr98lt@sbcglobal.net
Deputies-On-The-Go Travel Group
Info: Pete Moreno, (909) 941-4416 or cynapete@aol.com

Moriguchi

continued from page 4

This year, you will see many ballot initiatives that impact public employees.
Dont be fooled by their play on words and fancy terminology. Read between
the lines and BEWARE of the true intent and consequences of these initiatives.
This being an election year, PPOA will be actively working to ensure that
our elected officials at the local and state levels place public safety as their top
priority. In addition to their support of public safety, these elected officials
must support public employee pensions and recognize that public employees
receive REASONABLE compensation for the work they do. PPOA has an
exhaustive process before they provide their support and endorsement of any
candidate. Check out PPOAs website as we get closer to election day to find out
which candidates support your needs and will fight to protect your pensions.
Jail Drama and Federal Investigations
In September 2011, the ACLU issued a scathing report about excessive
uses of force in the Los Angeles County jails, specifically Mens Central
Jail. This report claimed that deputies regularly beat inmates and
referenced a group of deputies known as the 3000 Boys who work on
the third floor and have 3000 tattooed on their upper backs. The report
also described allegations of corruption uncovered by an FBI informant.
That is when the blame game began. Sheriff Baca went on the offensive
and blamed the FBI for conducting an investigation of the jails without
his knowledge. The Los Angeles Times blamed Sheriff Baca for not
properly managing the jails. Some Los Angeles County supervisors
blamed the allowance of flashlights in the jails as the problem. Some put
the blame on the LASD supervisors, claiming a lack of supervision of the
deputies. Some blamed the lowering of the hiring standards a few years
ago when the Sheriff s Department hired 1,000 deputies in a single year.
So who is to blame? Is it the deputies (keep in mind that it is a small
percentage of deputies accused of excessive force)? Is it the sergeants and
lieutenants who are so bogged down with paperwork that they are unable
to directly supervise the deputies? Is it management and Department
executives who encouraged the use of force even after being told about it
by supervisors and managers working jail facilities? I dont really know
the answer. What I do know is that the vast majority of sergeants and
lieutenants in our jails are hard-working supervisors who do their best
with limited resources and support. They are forced to do more with less
and put in more hours without paid overtime. Some have been forced to
work the jails by unscrupulous Department executives who enjoy using
jail assignments as a form of punishment. The supervisors are not to
blame. The fact that there are not enough supervisors is the problem.
The fact that the supervisors are often prevented from doing their jobs by

overzealous executives is the problem. The use of the jails as a dumping

ground for those not in the car is the problem. The fact that working
the jails is looked at as lost time for ones career and is therefore avoided
by most is the problem.
And what about the deputies? Are they to blame? Certainly, the
deputies who did, in fact, use excessive force are to blame. But the vast
majority of deputies are good, hard-working deputies. Maybe the massive
hiring push a few years ago allowed some individuals (who should not
have been hired as deputies) to slip through the cracks. Maybe keeping
newly hired young deputies far too long in the jails is to blame. Maybe
encouraging deputy cliques and getting gang-like tattoos is part of the
problem. Maybe its lack of training. Maybe its a systemic problem that
has been around for decades. Maybe its the fact that inmates are violent
people and controlling violent people is difficult to do without the use of
force, albeit a reasonable use of force.
I dont know the answer, but certainly pointing fingers isnt the
solution. Neither is jumping to conclusions or trying to appease the
ACLU or avoid a federal consent decree by implementing changes
without thinking things through or truly analyzing the situation. The
Sheriff s Department needs to slow down and take a deep breath before
jumping in the proverbial deep end. To overreact will only lead to more
problems. The focus should be less on who is to blame and more on
identifying problems and finding solutions. Doing it right is far better
than doing it fast. We are hopeful Sheriff Baca does not succumb to
outside pressures and will take the time to analyze all his options to
ensure it is done right.
Its time to roll up our sleeves and get to work. There is a lot to work on
in 2012!

Retirement Parties
Commander Dennis Conte
February 23, 2012
Almansor Court, Alhambra
11:00 a.m./$35
Contact: Lieutenant Johnson, (626) 296-2102

Custody Assistant Felipe Vazquez

February 25, 2012
Quiet Cannon, Montebello
6:00 p.m./$42
Contact: Lorraine Vazquez, (213) 893-5828

Sergeant Ruben Gracia

February 25, 2012
Yorba Linda Community Center
6:00 p.m./$35
Contact: Sergeant Romo, (714) 686-2296

Lieutenant Craig Boyett

March 16, 2012
Industry Hills Expo Center
$35
Contact: Mike Alerich, (909) 518-9009

Sergeant Steve Paul

March 29, 2012
Holiday Inn, Long Beach Airport
5:00 p.m./$25
Contact: Sergeant Hutak, (562) 925-0124

february 2012 | Star&Shield

13

California Peace Officers Memorial Foundation

FORM
California State Income Tax
California
Resident
Income
Tax
Return
2011
540
Check-Off Program
n 1999, Governor Gray Davis, in an
00
00
CA Seniors Special Fund (see page 60)...................................... 50
CA Firefighters Memorial Fund .............................. 56
00
00
overt expression of support for our
Alzheimers Disease/Related Disorders Fund............................... 51
Emergency Food Assistance Program Fund ............. 57
00
00
CA Fund for Senior Citizens........................................................ 52
CA Peace Officer Memorial Foundation Fund .......... 58
peace officer heroes and their surviving
00
00
Rare and Endangered Species Preservation Program.................. 53
CA Military Family Relief Fund . ............................... 59
00
families, signed into law Senate Bill 1230
00
State Childrens Trust Fund for the Prevention of Child Abuse..... 54
CA Sea Otter Fund...................................................
00
CA Breast Cancer Research Fund............................................... 55
authored by Senator John Burton. This
00
law allows taxpayers to make voluntary
61 Add line 50 through line 60. These are your total contributions................................................................................................................ 61
contributions on their personal state income
tax returns to the California Peace Officers
CA Peace Officer Memorial Foundation Fund.................................. $10.00
Memorial Foundation (CPOMF). The
process is simple. When completing your
California Resident Income Tax Return,
enter a dollar amount under California Peace Officers Memorial Fund support the foundation. That payment is a licensing fee that will not interfere
in the Contributions section of your tax form. Importantly, the law with the amount of money that the Lottery pays out to education.
The partnership is a win-win situation, according to the CPOMF Board
specifies that all contributions must be used to maintain the California
Peace Officers Memorial and for activities in support of the surviving of Directors. Not only does it support two great causes, but it also reminds
families of those gallant men and women peace officers who have made Californians of the commitment peace officers make day in and day out.
The ticket costs $2 and will appear at more than 20,000 retail locations
the ultimate sacrifice. The more than 100,000 professional peace officers
serving you in California urge your support and participation in this statewide.
More than 95 cents of every Lottery dollar is returned to the community
most worthwhile project. We appreciate your support!
in the form of contributions to education, prizes and retail commissions. The
California Lottery contributes at least 34 cents of every dollar that players spend
Lottery Teams Up with Peace Officers Memorial
on Lottery products to public education and returns more than 50 percent of
Foundation on Scratchers Ticket
The California Lottery and CPOMF have joined forces to create sales to players in the form of prizes. Since its inception in 1985, the Lottery has
a Scratchers ticket that pays tribute to peace officers and assists the contributed nearly $21 billion to California schools out of total sales of more
than $56 billion. Retailers benefit too, earning $3.6 billion in compensation
families of their fallen colleagues.
We are pleased to team up with the foundation to support the families left since 1985.
CPOMF is a non-profit, charitable foundation whose mission is to
behind by peace officers who have made the ultimate sacrifice for our state,
said Lottery Director Joan Borucki. Customers can help support the work of recognize and honor Californias peace offers who gave their lives In the
Line of Duty serving the citizens of this great state and provide support to
the foundation by buying the ticket.
Part of the proceeds from the Scratchers ticket, up to $300,000, will go to the families left behind.

Contributions

2011 In the Line of Duty

Officer Thomas Adams
CHP Garberville EOW: Febrary 15, 2011

Officer Daniel R. Ackerman

Buena Park Police Dept. EOW: July 30, 2011

Officer Jermaine A. Gibson

Cathedral City Police Dept. EOW: March 18, 2011

Officer Jeremy Henwood

San Diego Police Dept. EOW: August 7, 2011

Officer Andrew Garton

Hawthorne Police Dept. EOW: May 26, 2011

Officer James Capoot

Vallejo Police Dept. EOW: November 17, 2011

Officer Ryan Stringer

Alhambra Police Dept. EOW: July 10, 2011

Officer Anthony A. Giniewicz

Signal Hill Police Dept. EOW: December 7, 2011

California Peace Officers Memorial Ceremony

May 6-7, 2012
10th Street and Capitol Mall, Sacramento, California
14

Star&Shield | february 2012

Know Your Rights When Contacted by ICIB

By Teresa Machado, PPOA Intake Representative

ve received several calls from members over the last couple of months
regarding the Internal Criminal Investigation Bureau (ICIB), and it's time to
review your rights.Please remember that you are entitled to representation.
Should you be ordered by your captain to go to ICIB or Internal Affairs
Bureau (IAB) on the same day, contact PPOA immediately (PPOA has a
24-hour answering service that will connect you with representation should
our offices be closed).
Once you arrive at ICIB, invoke your right to representation. You do not
have to interview with them, no matter how they try to bait you into it. In
one particular situation, an employee was ordered to ICIB by her captain,
and she contacted PPOA on her way into their offices. When she arrived,
the first question asked of her was, Why did you call an attorney? Then,
before she knew what hit her, they proceeded to intimidate her into making
statements. She was told she looked nervous and basically was threatened
with the possibility of termination by the time she decided to end their line of
questioning. She was then sent back to the captains office and relieved of duty.
Although the member had done nothing wrong, she made the mistake
of attempting to explain to this group why she had done nothing wrong. The
reality is that you do not have to speak with ICIB without representation,
especially if you are the subject of an investigation. You only have to speak
with IAB, and if you are being interviewed as a subject or a witness
with subject rights, you are entitled to representation. IAB will inform

you that you have these rights. Further, they do not normally just show
up at your door (whether at home or at work), but if they do, you have
the right to be represented before making any statements.
It is also important to clarify when contacted by ICIB whether you are
a witness or a subject and whether you are being ordered to participate in
the interview or if your statements are considered voluntary. When it
doubt, contact PPOA for assistance whenever you come into contact with
ICIB investigators.
Ive also come across numerous members who go to these interviews
without representation because they dont understand that it is important
to have your union representative with you, whether or not youve done
anything wrong. Representation on disciplinary matters is one of our
biggest responsibilities as a union. Our presence at these interviews is
to ensure that your rights are not violated and that you are not being
harassed or intimidated during the interview process. Further, this
allows the union an opportunity to prepare for any possible outcome.
Do not put yourself in a situation that you may find difficult to get out
of by making statements that lead to other statements that lead to other
statements without representation even if youre absolutely sure
that youve done nothing incorrectly or wrong. PPOA is here to serve
you. I can be reached just about any time if you need representation by
calling (323) 261-3010.

february 2012 | Star&Shield

15

Paycheck Deception is Back!

ont let the name fool you the Stop Special Interest Money
Now Act set to appear on the November 2012 ballot is just
another deceptive effort to manipulate voters and silence the
voices of Californias working families.The wealthy backers of this
initiative claim that this will curtail political contributions from both unions
and corporations, but we all know that corporations dont collect political
contributions through payroll deduction. Whilethis may prevent corporations
from giving directly to candidates, they could spend freely on independent
campaigns and initiatives. And big business has always spent far more on
initiatives and independent campaigns than on direct candidate donations.
This is simply an effort to silence unions. They tried it in 1998 and

failed. They tried again in 2005 and failed. Lets call a third strike and put
an end to this deceptive attack on Californias working class.
The Facts
This initiative has nothing to do with special interests.
Its a sham backed by billionaires and CEOs who want to control our
state without any opposition from working people.
It takes away our right to make a voluntary paycheck deduction
contribution to our unions political action fund.
It allows corporations to use their mega-profits to contribute as much
as they want to politicians who will do whatever they demand.

PPOA.com Headlines
The following is a partial list of breaking news links posted at www.PPOA.com last month. Visit the PPOA website to
stay up to date on the news affecting Los Angeles Countys current and retired peace officers.
January 20: LASD Deputies Arrest Man, Take 12-Year Old Girl Into Protective Custody Following Statewide Search
January 20: Retired LA Deputy Helps Cops Use Paintball to Learn Ambush Skills
January 20: Suspect Rams LASD Patrol Car After Shots Fired Near School; Parolee Arrested
January 20: Deputies Arrest Three Following Home Invasion Robbery
January 20: After $350 Million, Law Enforcement Wireless Network Success Still Doubtful
January 20: Man Falsely Claims He Was Shot by LASD Deputies
January 20: Public Employees Hit Back in Pension Fight
January 20: Deputies Bust Meth Lab in Lancaster Apartment
January 19: Retired LASD Sergeant to Discuss Drugs and Crime in TV Series
January 19: Pot Smoking Sanctuary Sparks More Patrols from LASD
January 19: Deputies Arrest NBA Assistant Coach in Marina del Rey
January 19: LA City Council Welcomes Another Police Officer
January 19: LASD Gang Detectives Solve Shooting of Three Women in Florence
January 19: One California Public Pension Initiative Dies; More Face Looming Deadlines
January 19: LBPD, LASD and D.A.s Office Team Up in 2008 Homeless Murders Case
January 18: Compton City Council Debates LASD Reduction
January 18: Sheriff Baca Seeks More Funds for New Hires

16

Star&Shield | february 2012

LASD

Professional
Staff Day

Photos courtesy of Greg Torres

Hosted by
County Services Bureau
Event held at Rancho
Los Amigos, Downey
february 2012 | Star&Shield

17

Roller

continued from page 5

yourselves, your family and your friends so that unions like PPOA can
continue to effectively fight for your future.

As I have discussed in the last two issues of Star & Shield, PPOA has
been very effective in using political action money to help elect politicians
who will protect your wages, hours, benefits and working conditions and
fight off initiatives designed to hurt your salary and benefits.
In addition, four out of five Los Angeles County Board of Supervisors
members will be termed out in the next four years. New supervisors will
be elected in their place. PPOA expects to play a major role in helping
elect those new supervisors. If this new paycheck protection initiative
(Stop Special Interest Money Now) passes, PPOA will no longer be able
to be involved in electing politicians at any level, including the L.A.
County Board of Supervisors.
In the 1990s, we fought off this same initiative, then-called
Proposition 226. In the 2000s, we fought off Governor Schwarzeneggers
Proposition 75. Both Propositions 75 and 226 were designed to gut
public safety unions political power by cutting off any deductions from
their members for political action. This new proposition is the third
time we have fought off this issue in the last 10 years. Basically, it is
a poison pill for all California labor unions both private industry
unions and public unions like PPOA. If we cant elect statewide officials,
state senators, state assembly members and local Board of Supervisors
members, we will lose one of the major methods in which we are able to
maintain wages, hours, benefits and terms of conditions of employment.
This new paycheck protection initiative will be the most important
fight we undertake in 2012. If we lose, you can expect more political
attacks on our pensions and our retiree health care without the ability
for PPOA to weigh in against those initiatives because the money we
use to fight will be lost forever. As we approach the November elections,
we will ask you to help us defeat this initiative. Please help educate

California Peace Officers Memorial

Foundation News
As most of you know, the CPOMF runs the California state memorial
to fallen peace officers in Sacramento and provides financial assistance
to families who have endured a loved one killed in the line of duty.
PPOA was an original member of the Foundation, and through the
years many of our Board members have been actively involved in the
memorial. PPOA members James Vogts and Al LeBas were two of the
original commissioners. This year, PPOA President Brian Moriguchi
and Vice President Jim Cronin are actively involved in the Foundation.
This is a charitable foundation that takes on a cause that warrants our
support and attention. This year, there are two ways for line officers and
everyday citizens to help support CPOMF.
1. Later this year, a new CPOMF Scratchers lottery ticket will be
available for purchase. When they become available, please attempt
to give them as gifts whenever possible since all proceeds go
directly to CPOMF.
2. Also this year, California law allows taxpayers to make tax deductible
donations from their personal taxes to CPOMF. When filling out
your tax forms, all you have to do is place a donation on Line 58 of
California Tax Form 540 (see page 14). No matter how large or small,
all contributions go directly to CPOMF. Please help if you can.
The items mentioned above are just a few issues PPOA discussed
with our law enforcement partners in Sacramento. As always, we will
keep you informed of any changes or additional concerns that demand
your attention. Please remember that your dues and your political
donations help make PPOA strong. We use that strength to protect your
rights, your salaries, your benefits and your future.

Here Are 500 Reasons

Why It Pays to Read

StarShield
&
Five $100 prizes

Members who find the hidden symbol in Star & Shield

and register through our website (www.ppoa.com)
by the end of this month will be entered
into a drawing for one of five $100 prizes.
The hidden symbol is:

Cash is great, but our giveaways arent

the only reasons to read Star & Shield.
Each issue gives you the latest information on
Contract negotiations
Benefit changes
Retirement considerations

This giveaway is open to PPOA members only. You must be 18 or older to win.

18

Star&Shield | february 2012

Hot topics on the job

Association news
Upcoming events

Use of Company Computers and

Privacy Rights
By Muna Busailah, Esq. (Stone Busailah, LLP)

his article examines a case of first impression in California, Holmes

v. Petrovich, which holds that e-mails sent from a work e-mail
account on a company computer do not constitute confidential
communications for purposes of the attorney-client privilege.

The Attorney-Client Privilege

Evidence Code 954 states in relevant part: [s]ubject to Section 912
and except as otherwise provided in this article, the client, whether or not
a party, has a privilege to refuse to disclose, and to prevent another from
disclosing, a confidential communication between client and lawyer
Evidence Code 952 provides that a confidential communication
between client and lawyer is information transmitted between a client
and his lawyer in the course of that relationship and in confidence by
a means which, as far as the client is aware, discloses the information
to no third persons others than those who are present to further the
interest of the client
Recent Decision
In Holmes v. Petrovich Development Co. LLC (Cal. Ct. App. Jan. 13,
2011), a female employee sued her employer for sexual harassment
and violation of the right to privacy, among other things. The plaintiff
felt she was harassed and retaliated against after disclosing one month
after her hire date that she was pregnant and would need time off
for maternity leave. Shortly thereafter, plaintiff resigned, but prior
to her departure, plaintiff exchanged e-mails with her attorney on
her company e-mail account using her company computer regarding
possible legal action against the defendants.
The defendants employee handbook, which the plaintiff admitted
reading and signing, contained provisions clearly spelling out the policy
concerning use of the companys technology resources. The handbook

Contact PPOA
Executive Board
Brian Moriguchi, President (bmoriguchi@ppoa.com)
Jim Cronin, Vice President (jcronin@ppoa.com)
Jim Blankenship, Secretary (jblankenship@ppoa.com)
Rogelio Maldonado, Treasurer (rmaldonado@ppoa.com)

Directors
Danya Hazen (dhazen@ppoa.com)

warned that employees who use the companys technology resources to

create or maintain personal information or messages have no right of privacy
with respect to that information or message.
After the plaintiff filed her complaint, the defendants retrieved and used
the e-mails in their motion for summary judgment. Plaintiff objected to
the use of the e-mails on the grounds of attorney-client privilege. The court
rejected the plaintiff s arguments and determined the plaintiff waived her
attorney-client privilege.
The court held that by using the companys computer to communicate with
her lawyer, knowing the communications violated the companys computer
policy and could be discovered by her employer due to the company policy
of monitoring e-mail usage, plaintiff s communications were not made in a
manner designed to prevent disclosure of the information to anyone other
than those who are present to further the clients interest.
The court explained that an attorney-client communication does not
lose its privilege character for the sole reason that it is communicated by
electronic means or because persons involved in the delivery, facilitation or
storage of electronic communication may have access to the content of the
communication. However, the e-mails sent via company computer under
the circumstances of this case were akin to consulting her lawyer in her
employers conference room, in a loud voice, with the door open, so that any
reasonable person would expect that their discussion of her complaint about
her employer would be overheard.
Privacy Rights Issue: Any communication on a company-owned
electronic device may be fair game for the employer to view and
exploit in litigation.
The courts holding in Holmes is justified in part by the fact that
Holmes used her work e-mail account to exchange communications
with her attorney in direct violation of her companys computer
policy. But would the court have found a reasonable expectation of
privacy and/or lack of waiver if Holmes had used a personal e-mail
account and/or the companys computer policy had not clearly warned
employees that such communications may be accessed? No, according
to the Holmes court.
Holmes suggests that any communication or online activity on a
company-owned electronic device may be fair game for the employer
to view and exploit in litigation. The courts decision could have severe
implications for employees who regularly engage in online activities
on company-issued electronic devices. It appears that the next logical
step will be to address the conflict between the employees expectation
of privacy and the Holmes concision that ownership of the computer
trumps all. Until then, given the uncertainty surrounding the expanse
of the Holmes application, employees should think twice before
communicating with their attorneys via any company-owned electronic
device, even from personal password protected e-mail accounts.

Art Reddy (areddy@ppoa.com)

Tab Rhodes (trhodes@ppoa.com)
Tony Romo (tromo@lasd.org)
Jim Schallert (jschallert@lasd.org)
David Vidal (dvidal@ppoa.com)
Gerardo Garcia (ggarcia@ppoa.com)

february 2012 | Star&Shield

19

6th Annual

Peace Officer Memorial

Golf Tournament
June 4, 2012

Please join us as we honor the sacrifices of

fallen officers and their loved ones left behind.

9:00 a.m.
10:30 a.m.
4:00 p.m.

Registration
Shotgun Start
Banquet, Awards, Raffle, Auction

TPC Valencia
26550 Heritage View Lane
Presented by Los Angeles County
PPOA and the Professional Peace
Officers Charitable Foundation.

For more info

on sponsorship, or
to register to play,
call PPOA at
(800) 747-PPOA.
Also, visit us at www.ppoa.com.

20

Star&Shield | february 2012

Schallert

continued from page 6

Department, we believe this privilege should be the occasional exception
and not the rule.
President Moriguchi has already met with the Sheriff and others on the
matter, and our work continues to ensure the process is fair for all members
and legally protects the Department and your tax dollars. The cost of the
Bouman lawsuit, the genesis of which was a perceived unfair promotional
process, resulted in tens of millions of tax dollars spent to right the system,
and the money continues to be spent related to that suit. I am sure each of us
could think of ways to use that money to combat crime, improve jail facilities
or hire more deputies. None of us wants to see another promotion-related
lawsuit. Lets make sure the system we use is fair and legal.
Please keep the e-mails and calls coming!

Let your inner

leader emerge.
The Master of Science
in Management and Leadership
Our part-time, evening and weekend program for working
professionals gave Ryan a deeper understanding of his
own personal leadership style. His goal is to advance to a
higher managerial level with his newfound confidence.
Learn more about our program by attending an upcoming
Information Session close to your work or home.
West LA Campus: Wednesday, February 22
Tuesday, March 13

bschool.pepperdine.edu

Master the leader in you.

Ryan Lee
Officer, Los Angeles Police Department
Master of Science in Management and Leadership 2009

Irvine and West LA Graduate Campuses

february 2012 | Star&Shield

074208.11_PEPUNI_MSML_Star_Shield_Ad_MECH

Date: 01/6/12

ROUND #: MECH

21

Calendar of Events
February 23:
LASD Homicide
Comedy Night
Steven's Steakhouse
Commerce
6:00 p.m.
March 6:
PPOA Delegates Meeting
Dodger Stadium Club
April 21-22:
Baker-to-Vegas
Challenge Cup Relay
May 2-5:
California Peace Officer
Memorial Bicycle Ride
Bakersfield to Sacramento
May 7:
California Peace Officer
Memorial Ceremony
Capitol Mall, Sacramento

May 15:
National Peace Officer
Memorial Ceremony
Washington, D.C.
June 2:
Stars & Stripes BBQ/Salsa
Showdown
Jack Bones Equestrian
Center, Castaic
June 4:
PPOA 6th Annual Peace
Officer Memorial Golf
Tournament TPC, Valencia
(see page 20)
June 16-23:
U.S. Police & Fire
Championships
San Diego

Mystery Photo

Total Dues Paid 2011

The following year-end (2011) dues totals are provided to aid
members with tax preparation. If you were not a PPOA member
for the entire calendar year, please contact Clare at (323) 261-3010.
Political contributions are not deductible for income tax purposes,
and 8 percent of PPOA dues are used for political contributions.
Unit
612
612
612
612
614
614
614
614
614
621
621
621
621
621
621
621
621
621
621
621
632
632
615
615
615

Classification Full Members

Lieutenant
956.52
Lieutenant,DA
956.52
Sergeant
956.52
Supervising Investigator, DA
956.52
Criminalist
725.68
Forensic Identification Specialist I
687.37
Forensic Identification Specialist II
831.13
Senior Criminalist
966.08
Crime Lab Tech
487.94
Civilian Investigator
701.12
Court Services Specialist
453.57
Crime Analyst
684.01
Custody Assistant
554.73
Law Enforcement Technician
502.54
Public Response Dispatcher II
589.93
Public Response Dispatcher Specialist
638.41
Public Response Dispatcher I
502.56
Supervising Public Response Dispatcher
657.56
Security Assistant
264.3
Security Officer
419.48
Supv. Coroner's Investigator l
798.93
Supv. Coroner's Investigator ll
873.04
Captain
956.52
Captain, DA
956.52
Commander
956.52

611
611
611

Deputy IV (full member)

Deputy (PPOA full member, not Alads)
Senior Investigator, DA

Service Member
Retired Member
Retired Member prior 1/1/80

523.92
496.20
621.00
120.00
120.00
30.00

Attention PPOA Members

We need your personal (non-LASD) e-mail address! If you
have not received an e-mail blast from PPOA in the last six
months (we've sent a handful), that means:

22

The first PPOA member to identify the two mustachioed

mystery men in this photo AND where it was taken will
receive a PPOA prize pack. Call Greg at (323) 261-3010.

1. Your e-mail address is not on file with PPOA, or,

2. We have only your LASD-provided e-mail address (which is
regularly blocked from receiving PPOA e-mail blasts).

By the way, PPOAs Facebook fans get first crack at

our mystery photos online each month! Just one more
reason to check out www.facebook.com/lappoa.

Either way, we need your personal (non-LASD) e-mail address

so that we can disseminate important news to you as quickly
as possible. Please e-mail your address to info@ppoa.com and
reference e-mail updates in the subject line.

Star&Shield | february 2012

Lobster Fest
ELA Station Reunion

PPOA was a proud sponsor of this reunion, held at Rudy's Baja Grill (the old Shack!). Gil Carrillo did wonderful job of
coordinating the festivities and even showed impressive vocal range (como un pajaro!) when he joined the mariachis on
stage. More photos from this event (and many others!) can be found on PPOAs Facebook page and www.ppoa.com.

Photos courtesy of Mark Vidal

february 2012 | Star&Shield

23

Letters to PPOA

24

Star&Shield | february 2012

Letters to PPOA
January 3, 2012
ed Member
Nicholas Berkuta, Retir
ent
Brian Moriguchi, Presid
Association
fessional Peace Officers
Los Angeles County Pro
y
188 East Arrow Highwa
773
91
San Dimas, California
of Directors for
Dear Brian,
u and the PPOA Board
yo
to
n
tio
cia
pre
ap
e
that I offer my sincer
nt pension.
It is with great pleasure
calculating my retireme
in
or
err
an
ing
olv
res
supporting my claim in
ed, PPOA
10 Star & Shield entitl
20
ry
ua
Jan
the
in
e
icl
art
e Director Paul Rollers
Paul. Mr. Silver
After reading Executiv
en Silver as directed by
ph
Ste
y
ne
tor
At
r
bo
La
, I contacted PPOAs
Settlement with Los
Lawsuit Helps Retirees
a claim under the RASH
e
rsu
pu
to
n
tio
nta
me
s sufficient docu
, it took a total of two
determined that there wa
l contact until last month
tia
ini
my
of
te
da
the
CERA. From
Angeles County and LA
l benefit allowance.
e and to receive the ful
years to resolve my cas
e that the system
provided me, I am sur
ver
Sil
.
Mr
t
tha
ce
ran
support and reassu
s continually amazed by
Without the personal
s lengthy process, I wa
thi
g
rin
Du
s.
bu
the
r
actions by
n me unde
kept me informed of his
y
would have easily throw
ntl
ige
dil
ver
Sil
.
Mr
and caring for my cause.
his tenacious approach
CERA officials.
ence with County and LA
nd
spo
rre
co
of
s
pie
co
providing
ed
mbers with demonstrat
the extra mile for its me
ing
go
for
n
tio
iza
an
ld of labor
the PPOA org
ing leadership in the fie
nu
Again, I thank you and
nti
co
ur
Yo
.
ms
ble
pro
d
ion for their work-relate
genuine active compass
ted.
relations is truly apprecia
Sincerely,

Nicholas Berkuta

february 2012 | Star&Shield

25

Discounted Ticket Prices for PPOA Members

Venue

Adult

Adventure City (Anaheim)

Child

9.75

9.75

Boomers in Upland

14.00

14.00

Disneyland (One-day)

76.00

71.00

Disney One-Day Hopper

96.00

91.00

Knotts Berry Farm

Temporarily Unavailable

Long Beach Aquarium

18.00

10.50

L.A. Zoo

11.50

8.25

Legoland (Two-day)

54.00

54.00

Legoland (Three parks, two-day)

64.00

64.00

Magic Mountain

Temporarily Unavailable

Medieval Times

42.50

Pirates Dinner Adventure

Temporarily Unavailable

Scandia

14.00

14.00

San Diego Wild Animal Park

36.50

27.50

San Diego Zoo

36.50

27.50

Sea World

46.00

46.00

The Huntington Library

12.00

12.00

Universal Studios (Buy a day, get 6 months)

67.00

67.00

Universal Front of the Line

129.00

129.00

30.75

Annual Passes
DisneySelect

191.00

DisneySelect So. Cal

258.00

DisneySelect Deluxe

362.00

DisneySelect Premium

476.00

Universal Premium Star

134.00

134.00

Universal w/Blackouts

77.00

77.00

Universal w/o Blackouts

94.00

94.00

Movie Theater

Restricted

Unrestricted

AMC Theatres

6.25

7.75

Cinemark

6.75

7.75

Krikorian

7.75

n/a

Pacific

6.25

n/a

Regal/Edwards/UA

6.75

7.75

All ticket sales are final. Prices and details on the PPOA website are subject to change. Always call first to confirm prices and availability.
Limited to six (6) tickets per member, per venue. Please call the PPOA office at (323) 261-3010 for more information.

26

Star&Shield | february 2012

PPOA Classifieds
MAUI CONDO RENTAL
Spectacular oceanfront, pool, sandy beach, view
of Molokai/Lanai, 1 bedroom, 1 bath, sleeps 4, full
kitchen, W&D. Pictures available. Call (626) 964.2578
or emailtohimaui@aol.com. (1011)

Notary Service at CRDF

PPOA Delegate Mary Pardo (Custody Assistant)
offers free notary service to PPOA members &
a discount for all other LA County employees.
This applies to service offered at CRDF. Info:
(562) 756-5924 / pardo_mary@yahoo.com (0811)

RIVER HOME FOR RENT

In Parker, AZ: 3bd/2ba home on the water with
private 50 dock off your back porch for your water
toys. Beds for 8 people. Pictures available. Call 562355-1486 (0711)

1946 Ford
Coupe, 327 chevrolet, 3 speed column, power disk
brakes, lincoln rear - end, great paint and tires.
$22,000. Please call Ed (949) 496-6432. (0811)

VACATION OWNERSHIP
$5000.00 will get you a lifetime ownership to
Monarch Grand Vacation Resort. Pick your dates
and villa type at great locations. Call Tony at 661203-8650 (0711)

2004 harley davidson

Road King, Police Edition, Dark Blue, extras, only
3,297 miles, as new. $11,900, Bob at 805 553-0124 or
E-Mail srvalley@roadrunner.com (0811)

Wanted: Live-in Care

Mature, female retired deputy needed for live-in
position. Responsibilities include: meals, medications,
errands (with my vehicle) & light housekeeping.
Room, board & stipend provided. Call Art at (562)
943-7972 (0911)

PROWLER TRAVEL TRAILER

1997 - 31 foot, large slide-out, queen bed, lots
of storage, new awning, AC, clean and excellent
condition, $10K. Call Tony 661-203-8650 (0711)

TRUCK/TRAILER FOR SALE

2003 F-250, diesel, all extras, low miles (56K). 2005
Laredo, 5th wheel, 27 ft., immaculate. Truck $20K /
Trailer $18K / Package deal $35K. Please call (360)
642-2491 (0711)

2001 Sportsman 5th Wheel

30ft KZ Sportsman bunkhouse with two opposing
slideouts kitchen / LR. Roof 2 yrs old, tires only
200 miles. Clean $8800 mesarge65@yahoo.com
(909) 282-2863 (0811)

2002 Fleetwood RV
2002 Expedition, 34 diesel pusher. Only 26,500
miles, in immaculate condition. Looks new. No
smoking, no pets, no kids. Asking $72,000. Call
(909) 973-3432. (0911)

5 ACRES VACANT LAND

For sale 5 miles from Grass Valley, CA. All utilities
available. Wooded with level building pad & slight
slops. Contact ceklasd@earthlink.net (0711)

2006 Travel Trailer

35ft. Forrest River, excellent condition. Sell for balance
owed. Contact Rudy at (661) 478-8188. (1111)

San Juan Capistrano House

for Rent
Located in historic section. 2 bedrooms, 1 bathroom,
newly remodeled kitchen & bathroom w/ new
appliances. Large yard in front & back w/ attached
garage. $1,800 per month. Call (949) 586-7472. (1011)

TWO GUNS FOR SALE

Selling a Beretta 92FM stainless steel as well as a S&W
K frame stainless 38. Asking price for the Beretta
is $400 and the Smith is $350. Both guns in great
condition. Contact Stephen: (909) 618-6921 or (909)
597-8866. (0112)

2009 YAMAHA MAJESTY

400 cc scooter. Dark Gray. Gets nearly 60 miles per
gallon. Retail value is $4,295. Asking $3,800. Call
(951) 218-9394. (0112)

timeshare for sale

PORTABLE SATELLITE ANTENNA

Winegard automatic portable satellite antenna
works great. Changed RVs and new one has builtin antenna. $400 (half price). Call Bill at (707) 3286258. (0112)

San Luis Obispo House

for Rent
Approximately 10 mins. from Cal Poly. 3 bedrooms,
2 bathrooms, newly painted & carpeted throughout
w/ new drapes & blinds. Rent includes access to
community rec. rooom, pool, spa, sauna. Washer/
dryer located in attached 2-car garage. $2,000 per
month. Call (949) 586-7472. (1011)

Maui Condo Rental

Completely remodeled, 2 bedroom, 2 bath, sleeps
6. Kaanapali. Pool, spa. Full kitchen. W&D. 40%
discount for LASD & family. Email: lasd2maui@
yahoo.com (661) 600-5600 (0212)

PPOA classified ads are free and

available only to PPOA members (one
per month, 25 words max). Private party
only, no business ads allowed. Send your
ad to: Star & Shield Editor, 188 E. Arrow
Highway, San Dimas, CA 91773 or
e-mail to gtorres@ppoa.com.
New submissions are added on first
come-first served basis, each issue.
Please send within first week of each
month to ensure timely inclusion.
Sellers are encouraged to list price of

Worldmark Trendwest, 8000 credits per year.

16000 credits on account. Asking $4,500. Will pay
$299 transfer fee. Payments up to date. More info
at: worldmarktheclub.com. Call Lorraine at (503)
867-9968. (0811)

each item listed. No work numbers

Deluxe Lake Powell Houseboat

Ads run for 3 months. PPOA is not

Shared Ownership (Summer - even years).

Summerset 2002, 74X16.5, Four Staterooms, Two
full baths, $6000. Call Theresa or Steve @714-2828446 (1111)

responsible for any claims made in a

may be used in ads. Submissions must

be in writing, not over the phone.

classified ad.
february 2012 | Star&Shield

27

Non-Profit Org.
U.S. Postage

P.O.P.A., Inc.
188 E. Arrow Highway
San Dimas, CA 91773

PAID

Tucson, az
Permit #271

Change Service Requested

LEWIS, MARENSTEIN, WICKE, SHERWIN & LEE, LLP

OVER 36 YEARS OF SERVICE TO SAFETY PERSONNEL AND THEIR FAMILIES

Our firm of 15 attorneys and over 50 support staff are dedicated to professional, personal service.

WORKERS
COMPENSATION
State Bar Certified Specialist
We have successfully represented
over 35,000 safety members. Our
representation continues long
after your case is concluded since
your right to lifetime medical care
may always be challenged.

DISABILITY
RETIREMENT FOR
SAFETY MEMBERS

PERSONAL INJURY

We have a pension department of

3 attorneys who specialize in this
area and have successfully
obtained disability pensions for
thousands of safety personnel
under PERS, County 1937
Retirement Act and other county
and city systems.

Our personal injury department

has successfully litigated or tried
over 5000 claims for automobile
injuries, products liability, medical
malpractice and other negligence
areas.

(818) 703-6000
20750 Ventura Boulevard, Suite 400
Woodland Hills, CA 91364
www.lmwslaw.com
Serving Ventura, Los Angeles and Orange Counties
Making a false or fraudulent workers compensation claim is a felony subject to up to five years in prison or a
fine up to $50,000.00 or double the value of the fraud, whichever is greater, or both imprisonment and fine.