Friday, October 21, 2011

FOP vs PBA

As many in the department know, a movement has spread of members joining the Miami Dade Police Benevolent Association (MD-PBA). These members have begun the process of having the MD-PBA challenge the Miami Police Fraternal Order of Police (FOP) for their right to be the bargaining unit. While I am a proud member of both organizations my preference has always been that we should run our own shop. My opinion is, by far, in the minority.

The purpose of this post is to give facts about the process and answer any questions that any member might have about what is going on. I also haven’t been ripped in a few weeks so I want to invite my attackers to pound me for awhile.

Labor organizations are governed by FL statue 447 (Part II for public employees, that’s us) The Public Employees Relations Commission (PERC) is the governing body in Florida. PERC registers Unions, qualifying them to pursue representing employees. PERC also has an Elections division. This division conducts elections when public employees express the desire to be represented by a union. All PERC information can be located on their website http://perc.myflorida.com/ and the state statue governing public employees can be found here http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0447/0447PARTIIContentsIndex.html

Some time ago multiple members approached the MD-PBA and asked them to act as their bargaining unit. Unions in South Florida, Miami Dade in particular, have generally adhered to the “backyard” agreement. You don’t try to get our members and we won’t try to get yours. I don’t believe the MD-PBA solicited these applications nor did they advocate the collection of “cards”. The members, for their own legitimate reasons, decided that they no longer wanted the FOP to represent them as a bargaining unit and began to submit the request to PERC and the MD-PBA to become their bargaining unit. If 30% of a bargaining unit (roughly 320 officers in Miami) requests representation by another union PERC will hold an election. That election is usually held within one month after the request. The request must be made 150-90 days before the expiration of the current Collective Bargaining Agreement (CBA). The request can also be made if the bargaining unit is not currently under a CBA. The request is made by filling out a “card”. You may have seen these around the station. The card is confidential, and gets submitted to PERC, where it stays regardless of the outcome. If 30% of a bargaining unit requests representation from an outside union, PERC will hold an election containing the current bargaining unit, any union with sufficient petitions, and a third option of “No Representation”. The vote is held by PERC and the organization with 50% of the ballots +1 becomes the bargaining unit.

Why is this happening?
I can articulate many reasons why this is happening now and in time we will get to them. The underlying issue with all of those reasons is the mistrust of the current leadership and the methods of operation. It’s a very simple adage that I have been screaming for a year now. The basis of trust in a union lies with the fair and free elections of its leadership. We have many problems in our union but nothing will change until we have leadership in place that has the trust and confidence of its members. I believe that when they decided to not address their election issues, this process started. When the process is flawed, even those that are legitimately elected are looked upon with suspicion and contempt.

I was thrilled when I received the email from the union president last week stating that he would be open to reform and wanted to start a committee to enact change. While it may already be too late I retained some hope that dramatic reform could take place and the current union could be salvaged. Then I attended the meeting. The resistance to change remained. When I asked the secretary if he felt the elections procedures were free and fair, he stated unequivocally yes. That statement doomed the process. We cannot begin to fix the myriad of cancers plaguing our union if the leadership resist change and is unwilling to listen to its membership.

It will break my heart if (when?) the FOP loses it bargaining rights. It was once a proud organization that is crumbling at its foundation. I don’t want to be the one to tell those former members that we lost our bargaining rights to an outside entity. The plane has taken off and the bomb will soon be armed, if it isn’t already. I still hold out hope that we can fix our problems but I’m becoming more and more skeptical as they days progress.

I don’t know all the answers but I will do my best to find out. If you would like to ask the MD-PBA leadership any questions (I have a lot of questions for them) they can be contacted at (305)593-0044. They will also be holding a question and answer session at their hall for Miami Police members with questions on Tuesday October 25th at 10:30 hrs. 10680 NW 25th St

Sunday, February 27, 2011

No, we shouldn't be protesting...
No, people don't care...
No, why would I want to anger the city manager when we are signing off on articles...


Why?

because it is how we will prevail.

Wednesday, February 02, 2011

Et tu, Armando?

Armando, you do not speak for me.

At the last FOP meeting, I asked if we were still at “war” with the Mayor. I pointed out the fact that a commissioner is questioning the police shootings and the mayor is openly attacking our Chief. I asked what the union’s stance was and the response was, “We do defend the cops, but I will not get involved in this fight over gambling machines.” Then I saw this report.

http://www.wsvn.com/news/articles/local/21003428437328/

This statement by my president disgusted me. Brothers and sisters of the FOP we have been betrayed. After massive paycuts and the greatest reduction in pension benefits our president has never spoken out against the mayor. No protests, no interviews, no commission meeting speeches, and no letters to the editor. You finally had a reporter in your office and you attacked the chief? Did you forget that it has been 122 days since we received the greatest pay cut in the history of the department? I didn’t.

Instead, he gives an interview to a biased reporter, days after she releases a story with “cops” anonymously attacking the chief. He claims that the union feels, “for the betterment of the department” the chief should step down. Armando, you do not speak for me. You do not speak for most of the hard working men and women of this department.

I’m not the biggest fan of the chief and I disagree with some of his personnel decisions but one thing is certain, our chief stands up for his officers. He did not stand idly by as Commissioner Dunn attacked the justified police shootings, he retaliated and defended their actions and his investigation. He did not back down when the mayor attempted to intimidate him, he struck back. I respect those action, he risked his position to say and do what was right.

Armando, you do not speak for me. Did you ask you constituents before making such an irresponsible statement? Did you poll your executive board? Is this the stance of the union or the stance of one person? After writing this, I expect to get attacked with disparaging posts about my family and friends. To those posters (one in particular) I would ask that after you are done spouting your venom, answer this question, do you agree with Armando’s statement? Where do you stand? I know where I stand.

I support Chief Miguel Exposito. Armando, you do not speak for me.

Friday, January 07, 2011

Our Chief is Under Attack

http://www.wsvn.com/news/articles/local/21003205366384/

I haven’t agreed with some of decisions of the police chief, I don’t like some of his personnel choices, and I don’t like the political maelstrom our department has become. That being said, I respect and appreciate the man and the office that he represents. The Chief of Police wears the same patch as all of the members in the department and has done so for longer than I have been alive. When you attack him you attack all of us.

We need to respond to these attacks from the media. We are not, as some gadflacious (new word, call Webster) bloggers reported, a warring gang or a bunch of scorpions in a jar. We are the men and women of the Miami Police Department and we protect each other like we would our own family. The Commission will be meeting on Thursday the 13th. If you’re off that day, or you’re not working during those hours, show up and support your fellow officer.

The chief has done nothing but stand behind his officers. When their lives were threatened, those officers protected themselves as they have been trained. The politicians have chosen to seize these incidents as a failure of the chief and the department as a whole. Those politicians should be ashamed of themselves. They are exasperating community tensions for their own political gains and they do not have the best interests of the department in mind. Now is the time to stand together and repel these attacks. The legitimacy of the office is a stake.

Thursday, December 16, 2010

December FOP meeting

I would love to discuss my problems with the vote but I have lodged a complaint with the State Lodge and we are waiting for the investigation to complete before I comment. The complaint is being investigated by the District Director who is a man that I have confidence in to make the right decision. Believe me, I can’t wait to comment.

Tonight was my last FOP meeting as an executive board member. I thank those that attended and I hope I can clarify some of the motions that I made tonight. I knew that this meeting was not the proper place to bring up motions regarding the money the executive board “earns”. My intentions were to wake up the membership, to show the reaction of the board, and to demonstrate what one member can do within parliamentary procedure. I hope the members took notice of the reaction of the board and what did or didn’t make them mad. We can make a change in the union but it will take some time. We must restore the confidence of the membership. The change will come from us.

I paid close attention to the president’s report. I was disappointed to not hear about issues regarding negotiations. No meetings with the mayor. No meetings with the manager. Unless there was a meeting that he didn’t report on I would say day 76 of the pay cut will pass without any progress. I guess they were too busy doing other things this month.

Leoaffairs.com has been on fire lately. I have been contacting the MODs regarding the deletion of posts that I didn’t think violated the TOUs. I have dealt with MOD1 in the past and I have found him to be fair and equitable. My response from MOD1:



Sent at: 12/15/10 23:47:38
From: MOD 1
To: Phaedrus11
Okay, the reason that your post was removed was because you were posting a link to your web site.

The rule is that you cannot make a post which the purpose is to advertise a web site. I don't believe that you post was done with that purpose. I am going to address this with Mod 558, so that they understand that someone can include a web site in a post, as long as advertising the web site is not the main intent of the post.

Also, just so you know, I am watching the board closely due to posts not violating the Terms of Use being deleted. I have restricted Mod 558's authority somewhat, due to you bringing this to my attention, and I am keeping them on a short leash.

Thanks for your support and concern,

Mod 1


Viral medium is a valuable tool in today’s world. It isn’t going anywhere and it the medium of choice for most of the newer members. I don’t mind if they attack me on these sites because I hope it shows the membership the content of their character. I don’t retaliate, I don’t insult, and I post my name. These are three things they can’t say. Make no mistake, these attacks are not coming from anonymous computers. They come from cops. Cops that you work with and look in the eye every day. Cops that smile, shake your hand, and then run home to flame you on a website. It warms my heart.

The state of the city is grim. The incom
ing city manager has stated that he is looking for additional pay cuts. We have years of fighting for our benefits ahead of us. Hang in there. With everything going on now is not the time to jump ship. Quitting the union, boycotting the meetings, or becoming apathetic helps no one. Getting involved is the only solution. One member can make a difference. Heck, tonight one member changed election days to Wednesday… I bet our results would have been different on a Wednesday.


Sunday, December 12, 2010

SECRETARY
Casanovas (Winner) 435 Garcia 171
CONDUCTER
Kerr 301 Lugo (Winner) 309
INNER GUARD
Cook 232 Valenzuela (Winner) 394
PENSION
Giordano 70 Diez (Winner) 355



I was not surprised about the results of the election. I was surprised of the response I received from each of the stations. Let me provide you with a breakdown of the election results in my race by station.

North
Lugo 3 Kerr 42

South
Lugo 6 Kerr 43

SOS
Lugo 2 Kerr 43

Central
Lugo 57 Kerr 73


Now… guess which box Javi was monitoring?

I think what you can see here is a referendum on our union and its leadership. I will be complaining to the state national board. It was a clear violation of the by-laws for a representative of a candidate to administer one of the polling stations. The unethical collection of the absentee may not be a violation of the bylaws but consider this… the other two races were decided solely by absentee ballots. Let me clarify this, if Detective Cook and Sgt. Garcia received EVERY vote on Election Day, they still would have lost. This was not an election. The process is not democratic. Wake up. We can make a change in the union and we will.



The blog is back, full time, come back and check often. This is going to be fun.

Sunday, December 05, 2010

What have you done for me lately?

I understand my opponent and some of my fellow executive board members are attending roll calls questioning what I’ve done for the union. I would think they would know what I have done but I don’t mind clarifying some things. I work for the union because I understand that we are only as good as the sum of our parts. Anything I have done is with the intention of making the union stronger and making the department a better place to work.

Besides the regular duties of a rep, I have attended every meeting this year except one. This includes the special meetings and each of the 5 war meetings. Within those war meetings I headed the social networking sub-committee. This committee met 6 additional times. This committee produced the third party website (in 24 hours), a standalone email server, logos, and form letters to send to politicians. This committee also developed the 1:59 speech that we used in the commission meeting. I also participated in every protest outside of city hall, twice cooking food for our brothers and sisters that had to be there when most of us would be eating dinner. I wasn’t asked to provide food nor did I ask for compensation. It came out of my own pocket and I was proud to do so. I did this because I thought it would help.

I have also attended the contract negotiations and legal hearings. I do this because I want to get firsthand knowledge to bring back to the members. I have never been asked to be on the negotiating team or to participate in any events. (They don’t like me, remember) I drafted a letter to the herald when their editorial board compared us to window washers. This letter was published on September 17th. This year I have attended over 100 roll calls, sometimes by request, sometimes on my own volition.

I produced the “Uncle Javi” promotional flyer that hangs in Javi’s office. I also produced the rally flyer and all of the “crime stats” flyers (yes, even the misspelled one). This after arguing that “crime stat” flyers are counterproductive and can back fire. I lost that argument and went and produced the flyers that night. My wife, brother, and I lugged bags of flyers 6 blocks downtown the night of the protest. 6 blocks south of where I thought we were protesting.

I’ll compare my record to any of those on the executive board. The big difference between me and those that are campaigning against me is…. I HAVE ANOTHER 40 HOUR A WEEK JOB! This job takes a great deal of my time, including weekends and after hours. No, I don’t get a “stipend”. I logged exactly 0 hours of overtime last year… I adjust my hours. I would prefer my overtime budget go to my detectives who are on the streets. I have done all of the above listed things on my off time, at home, when I could be spending it with my wife, or walking my dog, or watching TV, or doing anything else. I do it because I feel it makes the union stronger and the department a better place to work.

I take the time to answer questions on this forum. Some are deleted. Some remain. I post my name and I stand behind my words. I have never posted anonymously and I have never disparaged a member of the department. Who amongst my challengers can say the same? They would rather sit behind their computers and post pictures of me or call me names. This should show you the content of their character. Their attacks don’t bother me, they enlightened me to the kind of people they are.

Vote KERR

Monday, November 29, 2010

Good Morning Miami!

The blog is back!

I thought the blog would have slept a little longer but I didn’t expect a betrayal from my fellow executive board members.

I am once again running for my position of Conductor in the Miami Police Department FOP Lodge #20. Unfortunately, the president and vice president have chosen to run a candidate against me. I would hope you would consider retaining me in my position on the executive board.


Several years ago the union passed a contract that eliminated a pension benefit for some officers while leaving it intact for others. I took exception to this contract and expressed my discontent with the executive board. The Secretary responded by telling me that there was nothing I could do as I did not have the required number of meetings to participate in elections. This was true and I vowed on that date to never miss another meeting. In 2006 I ran for a position on the executive board and beat a sitting incumbent. This hadn’t happened in years and hasn’t happened since that election. Currently, I am the ONLY sitting executive board member that holds a seat won by election. I also hold the distinction of being the only board member that received a challenger nominated by the union president.


I was disappointed by the decision of the President to run a member against me. I was told that the motive behind the attack was that I “constantly undermined the executive board.” If questioning monetary decisions and arguing for what I think is best for the membership is undermining, I guess I’m guilty. I have tremendous loyalty to the Miami Police Department. I feel that the purpose of the union is to support the members of the department and strive to make it a better place for ALL members. During my time on the executive board I have lived by that principle. I am a proud member of the union and whether I remain on the executive board or not, I will always fight for what I feel is best for its members.


This is a most trying time for the Miami Police FOP. We face the greatest pay and pension cut in the history of the department. We are at war with the city… and they are winning. Now is not the time to turn on one another. Now is not the time to point fingers. This is the time to do what unions do best. Unify and fight. I would hope you will allow me to continue to fight for you and all of the brothers and sisters in the department.

Vote Kerr December 10th.



Friday, April 09, 2010

1% Elections Wednesday April 14th Central Station

Miami Police Relief and Pension (1%) Fund will be holding elections on Wednesday, April 14th from 0600 hrs. to 1700 hrs. at Central Station. I would hope you would consider me for your vote.

Currently serving as a trustee of the board as I have done so for the last two years, I am the only member of the board that is not a retiree or enrolled in the DROP program. I believe the board should consist of a cross section of the department and represent those near the end of their careers as well as those that have many more years to go.

During my time on the board, I have worked diligently to help the fund recover from the economic downturn and protect the fund from legislative efforts to redirect the state contributions. To allege, as my opponent has done, that any money has been misappropriated or misspent is insulting and irresponsible. To make broad accusations and spread rumors is tactless and shows that he is unable to articulate his goals and intentions. It is a shame that an individual that has never attended a board meeting would feel the need to lob such accusations against his fellow members. The election is not a joke to me and I take my service on the board seriously. I understand the massive responsibility of being a fiduciary for the fund and will strive to protect the fund and the monies accrued by my fellow brothers and sisters that serve with me every day. I would hope that all members will participate, vote, and become involved in the process.

Vote KERR this Wednesday, Central Station.











Thursday, December 31, 2009

Retiring, without my points.

With the revamping of the FOP website I have decided (after much thought) to retire the blog. I have been assured that the highlights of the meetings will be posted in the “blog” section of the union site. So far, that is being done. I understand that the registrations are still under 200 so I would encourage you to go to the site and sign up. www.fopmiami.com The site is for members only which is a better forum for such things. You can also ask questions and receive answers in a timely manner.

The department and the union has changed in the last few months and there is no better time than now to get involved. Attend the meetings, speak you mind, and vote you conscience. I’ll miss posting here and getting the message out, I won’t miss being called into the Deputy’s office because of a top ten list….

For now, I’ll bid you a happy new year and here’s to a good contract year.

And remember, all great boxers come out of retirement at least once...