Spring 2004
OPOA NEWSLETTER
Vol 30 No. 1 ~ Spring 2004
President’s Message
by Brenda George, Myrtle Creek Police Department
Spring is here!
OPOA is very proud to acknowledge the hard work of our Sub Chapters (see the Winter 2004 edition of the Oregon Peace Officer), and to congratulate the Oregon Association of Reserve Peace Officers (OARPO), for holding their very first Annual OARPO Conference in Newport, OR on March 6. John Minnis, Director of DPSST, spoke on the certification of reserve officers, and Rob Bovett, Lincoln County Attorney, discussed the liability and legal issues of reserve officers.
Speaking of conferences, this year the OPOA Executive Board has voted to change the date of the OPOA Annual Conference from a spring conference to a fall conference. Hopefully, this will ease the budget crunch on departments at the end of the fiscal year. It will be at the Best Western Agate Beach Inn at Newport, OR on September 29th through October 1st, 2004.
The conference training is going to be exceptional this year, with the kickoff on Wednesday, Sept. 29th with the profiling of the Christian Longo Case. Then on Thursday, Sept. 30th Det. Bob Johnson will present a seminar on Meth Lab Recognition, and on Friday, Oct. 1st Lt. Col, Grossman will be the speaker on the “The Bulletproof Mind.”
This will be followed by our Annual Awards Banquet honoring our officers throughout the state, and we will also be awarding the OPOA Scholarship to a deserving applicant.
I hope to see you all at the Conference.
FEATURE ARTICLES
Law Enforcement Motorcycle Ride
Slated for May 8th
The Blue Knights Oregon II chapter is sponsoring a Law Enforcement Memorial Motorcycle Ride on May 8, 2004. Registration will be at the State Capitol from 8:00 AM to 10:00 AM, or people may pre-register by e-mailing l.cole1@comcast.net The ride is open to everyone and all street legal bikes are welcome. Pins and food are included in the registration fee. T-shirts are $15 each, in advance.
Pre-registration is encouraged to ensure that riders are able to get T-shirts. We will leave from the State Capitol and end the ride at the Police Memorial Wall in a small park at the Police Academy in Monmouth. The ride will be followed by a memorial service and roll call. Afterwards we will have a BBQ and a raffle drawing. We’d like all law enforcement officers who ride to participate in our Memorial Ride. The proceeds will benefit Concerns Of Police Survivors (COPS), and the Make A Wish Foundation. The Blue Knights is an International Law Enforcement Motorcycle Club, comprised solely of active and retired police officers. For additional information, please contact: Larry Cole at l.cole1@comcast.net phone (541) 738-2405 or Louise Schuening softailrider6@yahoo.com phone (503) 585-5114.
2004 OPOA Taining Conference
NOTE: Date Change - Conference dates: September 29 - Oct 1, 2004
Location: Newport Best Western Hotel in Agate Beach, Oregon
The conference format is 3 all-day sessions presented by trainers and investigators. Three topics will be covered this year. First the Christian Longo Homicide Investigation presented by the Lincoln County Sheriff’s Office. Second, Methamphetamine Lab Recognition by Det. Bob Johnson of the Washington County Sheriff’s Office. Third, a thought provoking and eye-opening training by Lt. Col. Dave Grossman. Grossman is the author of several books dealing with the psychology and affects of aggression and violence that has taken over the country in the last 30 years. (see the review of his book “On Killing: The Psychological Cost of Learning to Kill” below.) Additional conference information can be found in the Training page.
In addition to this excellent training, the conference also features the annual awards banquet. There is someone in your agency that deserves recognition for acts beyond the call of duty. Nominate that person for an OPOA award. Awards Criteria
On Killing: The Psychological Cost of Learning to Kill
By Dave Grossman
Review From Publishers Weekly
Drawing on interviews, published personal accounts and academic studies, Grossman investigates the psychology of killing in combat. Stressing that human beings have a powerful, innate resistance to the taking of life, he examines the techniques developed by the military to overcome that aversion. His provocative study focuses in particular on the Vietnam War, revealing how the American soldier was “enabled to kill to a far greater degree than any other soldier in history.” Grossman argues that the breakdown of American society, combined with the pervasive violence in the media and interactive video games, is conditioning our children to kill in a manner similar to the army’s conditioning of soldiers. “We are reaching that stage of desensitization at which the infliction of pain and suffering has become a source of entertainment: vicarious pleasure rather than revulsion. We are learning to kill, and we are learning to like it.” Grossman, a professor of military science at Arkansas State University, has written a study of relevance to a society of escalating violence.
Copyright 1995 Reed Business Information, Inc.
PERS Retirees !
A letter forwarded to OPOA:
Dear Friends,
Thank you so much for telling me and others about Oregon PERS Retirement, Inc (OPRI). Many people “have been meaning” to join, and never got around to it. This group is working for ALL PERS retiree’s AND FURTURE retiree’s. They must get frustrated at our lack of interest. When you join you receive a copy of their newsletter. After reading my first newsletter I am writing to encourage you to again tell others about this.
Here is only some of the important information that they sent. OPRI has about 8600 members. (707 members were dropped for lack of dues in 2002 and 1458 people are not paid up for 2003). OPRI cannot operate without dues and they are so CHEAP….$5.00 a year. Lifetime membership for $50.00. If we want them to fight our battle, as they did in 1992, 1995, and 1996, they need money NOW, in the form of dues and DONATIONS to their legal fund (OPRLF).
The current lawsuit severely affects our pension. The litigation fund did fine on the first call for $60,000, but on the second call for $50,000 they have only received $17,000. Only 1500 members have contributed to the litigation fund. Good lawyers cost about $250 per hour. There are about 30,000 retirees who have or will have retired between April 1, 2000 and April 1, 2004. These retirees are affected by the actions of the legislature. If we can’t pay the attorney’s the lawsuits will get dropped. The OREGON Supreme Court appointed a special master to this case and he is meeting with opposing attorneys and reviewing documents NOW [2003]. It cost money for depositions and arguments about discovery.
The most recent fight is over our COLA’s. They make a huge difference in our pension over a lifetime. The legislature has stopped paying COLA’s for a certain period of time and to a select group of retiree’s. What is to prevent the legislature from repealing the COLA statute in the future for ALL retiree’s? A pension without a COLA is a VERY poor pension.
This not a ho-hum drive for money. OPRI is involved in a dogfight for US! They need us and we need them. Please, please contribute what you can IMMEDIATELY. We cannot expect “the other guy to do it for us”. Please pass on this mesage to others Our PERS pension depends on it. For example $2500 pension- $50 COLA, capitalized over 10 years, I/you lose $31, 238. Or a $3500 pension-with a $70 COLA, capitalized over 10 years, I/you lose $43,720.
There are approximately 96,800 retirees. $50 a month is $600 per year times 96,800. That’s $58 million per year. Big bucks are at stake and PERS retirees/and future retiree’s are the chief whipping boy right now! For more information about OPRI visit the www.opri.org.
Thank you. Lynda Estes, Retired Clackamas County Sheriffs Office
THANK YOU
The Oregon Peace Officers Association and the staff of the Oregon Peace Officer would like to thank the owners and the management of 911 Distributors for their ongoing support over the last 14 years. You may have noticed their advertisement in the newsletter, but you probably did not know that their support paid for a great portion of the newsletter costs. This allowed the OPOA to use your membership dues for training and other benefits. I’m told many factors were taken into account but the decision was made to close the business. We thank them for their support and hope that their future endeavors will be profitable ones.
Oregon Medical Marijuana Act: Federal vs. State Law
Where Does Your Department Stand?
by Wendy Svaren, Lake Oswego PD
The Oregon Medical Marijuana Act creates a cause for concern for Oregon Law Enforcement Agencies when they find themselves in possession of marijuana from a registrant of the OMMA program.
The conflict comes when an agency is asked by the registrant or their attorney to return the marijuana. Under Oregon Law, ORS 475.323 “usable marijuana and paraphernalia used to administer marijuana that was seized by any law enforcement office shall be returned immediately upon a determination by the district attorney in whose county the property was seized, or his or her designee, that the person from whom the marijuana or paraphernalia, used to administer marijuana was seized is entitled to the protections contained in ORS 475.300 to 475.346″. This portion of the statute also requires marijuana in the possession of a law enforcement agency under these circumstances “not be harmed, neglected, injured or destroyed while in the possession of any law enforcement agency”. While we are not required to maintain live plants we are required by this statute not to destroy the marijuana and at times to return it.
This puts departments at crossroads between state and federal law. While we are required by state law to return marijuana in certain situations, we still do not have authority or a waiver, to return marijuana under federal law. This of course places agencies in a situation where we just can’t seem to win. Administrators will have to decide which road your department will take on this issue. Most departments that I spoke with have stated that they will abide by federal law and not distribute marijuana or paraphernalia under any circumstances. This may result in “tort” claims against the department for failure to return marijuana but that is a risk they are willing to take until federal law gives us guidance one way or another. Great care needs to be taken before seizing marijuana from registrants or applicants. Sometimes it is out of our hands as far as making a decision whether or not seize. This is true when arresting someone who has a warrant and the individual has his or her “medicine” on board. The jails will not accept it so property rooms are often left holding the marijuana. Departments should have clear guidelines for officers that come across situations involving a person in possession of marijuana that either has valid, current registry as a patient, primary caregiver or anyone who claims medical use. There should also be a decision made on how to handle marijuana once it does come into police custody.
It is important to mention that just because a person is a valid registrant of the OMMA program this does not give them a “carte blanche” to possess and use however and whenever they deem it necessary. Under ORS 475.316 the criminal law “exception” does not apply if:
Driving under the influence of marijuana
Using marijuana in a public place, in public view, or in an adult or youth correction facility; “Using” includes merely possessing marijuana. (Section 3 (7) of the Act). Literal application of this definition would prohibit a patient or primary caregiver from transporting marijuana from place to place, even though the person is properly registered and the quantity being transported is within the permissible limit. Therefore in consultation with the appropriate prosecuting attorney, law enforcement agencies should adopt policies for officers to follow when a registrant is contacted in this situation. (taken from Attorney General Recommendation for Implementation)
There are additional disqualifying acts related to delivery, manufacture and exceeding the amounts to possess that are not outlined here.
Under these circumstances the Attorney General’s office recommends law enforcement agencies consult with the appropriate prosecuting attorney on how to proceed. Below are several websites that may assist your department with drafting a policy and/or training bulletin regarding the OMMA.
Recommendations for the Implementation of the Oregon Medical Marijuana Act www.doj.state.or.us/medmar.htm
Human Services Hotline for verification of registrant (503) 731-4833
Human services will not speak to any federal agents, ORS 475.331 (2) b
You will be required to give your first and last name, department and badge number when making inquires.
DHS will only verify information. They will not give out any information you don’t already have.
www.dhs.state.or.us/publichealth/mm/index.cfm
Submitted by: Wendy Svaren Oregon Association of Property & Evidence Officers Svaren@ci.oswego.or.us
May is National Police Month
There are over 800,000 police officers (which makes over a million “peace officers”) protecting the people and the property of the citizens of the United States. The month of May has been set aside to remember those men and women, and to recognize the contribution they make every day to the safety and security of our society. The Oregon Peace Officers Association in cooperation with the National Law Enforcement Memorial Fund also wish to recognize those peace officers who have given the ultimate sacrifice; who have lost their lives during the performance of their duties. Officer Roll Call
May their memories not be forgotten, nor the principles for which they died.
