Troopers Lodge 41, Fraternal Order of Police State Lodge and Labor Council, and Police Benevolent & Protective Association Endorse Senator McCann
SPRINGFIELD/JACKSONVILLE – The Illinois Troopers Lodge 41, Illinois Fraternal Order of Police (FOP) State Lodge and Labor Council, and the Illinois Police Benevolent and Protective Association (PB&PA) of Illinois have all endorsed Senator Sam McCann for re-election in Senate District 50. Senator McCann, a Republican, has served our communities since 2011.
"Senator McCann has always been there for State Troopers on law enforcement issues,” said Illinois Troopers Lodge 41 President Joe Moon. “He knows us, he knows the district, and he strongly and capably represents his constituents and all public sector employees.”
“For years, Senator Sam McCann has shown strength and resiliency representing our communities in Springfield,” said FOP State Lodge President Chris Southwood. “Senator McCann has shown that the men and women that wear the uniform and protect and serve our citizens can depend on him to support their efforts.”
“Senator Sam McCann is one of the good guys. During elections, we see and hear a lot of promises to support law enforcement. It’s nice, but when it comes to fighting for the rank and file law enforcement officer, Senator McCann’s record shows that it isn’t just talk, it's action,” said FOP Labor Council Executive Director David Wickster. “We support Senator McCann because of his support of law enforcement.”
“Since Senator McCann is regularly in the communities throughout his district, from Springfield, Jacksonville, and Jerseyville to Pittsfield and Carrollton, he knows first-hand the struggles within our communities,” said Illinois PB&PA Director Sean Smoot. “He further understands the unique needs of those in law enforcement and works hard to ensure the safety of our officers and the public.”
“To have the support of all of law enforcement during this campaign is both humbling and extremely important to me. I do my best to travel the district so that I know what is occurring. From Sangamon and Morgan County, to Jersey and Pike County along the Mississippi River, the problems facing our citizens and those that protect and serve us vary,” said Senator McCann. “For the men and women who protect and serve us, the least I can do is to help them do their job and make our communities safer.”
Senator McCann lives in Plainview and is the owner and president of McCann Construction in Carlinville. Sam and his wife, Vicki, have a son, Trayton, and a daughter, Katherine. Senator McCann has served in the Illinois Senate since January 2011. He currently serves on the Agriculture, Environment & Conservation, Higher Education, Local Government, and Public Health Committees.
On July 21, 2015, Illinois FOP Executive DirectorDavid Wickster was accompanied by Illinois FOP State Lodge President Chris Southwood and FOP Trooper's Lodge 41 Vice President Joe Moon as they testified in front of the Illinois House of Representatives Personnel and Pension Committee at the State Capitol in Springfield. The Committee held hearings for two hours today in room 122B at the state capitol.
Attacks on our pensions and collective bargaining were the subject of debate. The questions fell along party lines with republican representatives questioning the sustainability of public pensions while democratic representatives seemed to understand the bargain that was made with public safety servants.
The FOP Labor Council made it clear that we are standing together as never before to fight for our members rights, active and retired. And we thanked those legislators who have stood beside us in the fight!
The FOP Labor Council asked its lobbyists to review the governor's 500 page pensioin reform proposal. Here is what Andrew Bodewes of Leinenweber, Baroni and Daffada had to offer:
The Governor’s draft legislation is especially damaging towards public safety, even as compared to its effect on other public employees. It should be noted that the legislation affects law enforcement regardless of their pension system, including Cook County, City of Chicago, State of Illinois or other municipalities. In brief, these are some of the issues specific to law enforcement:
Municipal bankruptcy is allowed, and the proposed method is especially egregious as it exempts basic tax payer and employee protections like the Open Meetings Act and the Freedom of Information Act. Specifically, it allows municipalities to declare bankruptcy very easily and without any sunshine. This would extend to pension funds.
The legislation consolidates investments for downstate police and fire pensions into IMRF. This consolidation happens during a time in which employees are making critical decisions, as outlined below, and will inevitably lead to complications in pension decisions because of a lack of communication and focus by the eviscerated pension fund.
The bill virtually eliminates catastrophic injury benefits by limiting health care benefits for individuals catastrophically injured in the line of duty to those individuals who cannot receive any gainful employment. That employment need not offer healthcare or be in any way comparable to their employment in public safety. This decision is ultimately up to the municipality who can doctor shop, and whose decision is final and virtually without appeal. The end product of this law would be to eliminate this important benefit.
Downstate public safety receive a Tier III benefit, and they are the only group to receive such special treatment. This benefit is a substantially reduced defined benefit that consists of the worst multiplier in the state (1.5% of final average salary for each year worked) and is even worse than individuals who receive social security (1.6% currently for state employees). Other reductions include a major reduction in the way that cost of living adjustments, final average salary and other benefits are calculated. The retirement age for this class of persons is as high as age 65, which is well beyond mandatory retirement age for many departments. Widows and orphans receive 60% of the benefit, which is the lowest of state systems.
Downstate police pension funds receive substantially less employer money under this proposal. The funds will reach 90% funding by 2055. This is tied to bankruptcy, because this change will almost assuredly result in fund insolvency.
Current active law enforcement across the state will have a choice between reducing their COLA to ½ of CPI or having their salary frozen at current levels. This is consistent with non public safety changes, but the effects are likely more severe because of the current practice of establishing pay as salary associated with rank. State employees have additional choices including opting for more vacation, extra salary and calculation of overtime and seniority.
Is the Governor Turning Illinois Around?
Turning Illinois Upside Down?
All too often we ignore the political debates and rhetoric that surround us in our daily lives. Its not that we don’t care; but who has the time in one’s busy life to pay adequate attention to all the noise? If you are like most people, you are probably aware that the State of Illinois has money problems and that there has been a great deal of dialogue about pensions. And, you may know that there is currently a debate raging in Springfield over the budget, along with threats of government shut downs. If you are like most people, you have heard it all before and after all the scare tactics and doomsday scenarios, things got worked out and life kept going. So why pay attention now?
Why you need to pay attention now is because never before have you had so much at stake and so much to lose. There is currently a very wealthy venture capitalist in the Governor’s Mansion who has very wealthy business friends who has said he wants to "turn Illinois around". In turning things around he has demanded certain changes to state law that directly affect you; and he won’t play ball on the budget unless his demands are met. Here are the issues of harm to you:
Local Control of Collective Bargaining
Currently there is state law that mandates local governments negotiate with their employees. Governor Rauner wants to permit local government to determine if they want to negotiate. Does anyone really think that local government will voluntarily collectively bargain?
Local Control of Pensions and Local Bankruptcy Option
There are certain protections built into state law that controls our pensions, and even with those controls, local governments have been underfunding their pension systems. Local control could eliminate employee representation on pension boards, reduce and/or eliminate future pensions, allow for borrowing of monies from funds, determine number of years until retirement and/or totally eliminate the provision for new hires. And, if local governments are allowed to declare bankruptcy they can underfund your pension, declare bankruptcy and get out of paying anything!
Local Control of Competitive Bidding
Currently there are state protections in place requiring governmental units to engage in competitive bidding to invite competition, guard against favoritism, fraud and corruption, and to secure the best work or supplies at the lowest price practicable. Sounds reasonable, so why suggest a change? Could it be that well connected political businesses are not able to maximize their profits under current law? So now your employer is purchasing million dollar toilet seats while they can’t afford to provide you a living wage???
Changes to the Illinois Public Labor Relations Act
Make work rules (including overtime, subcontracting, and filling of vacancies a permissive rather than mandatory subject of collective bargaining.
Currently your employer must negotiate over certain matters. These matters are considered mandatory subjects of bargaining. A mandatory subject of bargaining doesn’t mean you automatically get what you want, but forces your employer to discuss the issues with you. By changing certain issues to permissive subjects of bargaining, your employer can simply say they do not want to discuss the matter. Imagine your overtime provisions simply going away!
Exclude healthcare and pension benefits from the collective bargaining process.
Again, one needs to ask themselves; will I even have a pension or healthcare after Illinois gets "turned around"?
There is much more to the debate, however these are the issues that will hurt you the most. It’s easy to ignore all the noise... We are used to it... But this time the noise can cause you irritable harm... It’s deafening...
Police Reform Legislation
A synopsis of Senate Bill 1304
Not since the 1960’s have police officers throughout this country witnessed such social unrest and attacks on their dedication and integrity, not to mention their very lives. Starting in Fergusson Missouri with the shooting death of Michael Brown, followed by the alleged chokehold death Eric Garner in New York and the retaliatory slayings of New York Police Officers Wenjian Liu and Rafael Ramos; police officers across the country have realized they were under siege. The culmination of these unfortunate events resulted in the indictments of six Baltimore Police Officers after the death of Freddie Grey and subsequent riots that followed.
How we got to such a place in society is debatable. The onslaught of social media and the twenty-four hour news cycle have been attributed to fueling the fires of social unrest. The decaying moral fabric in America has been mentioned. The militarization of the police has come under scrutiny. Poverty and lack of opportunity has also been blamed.
Whatever the cause – Police Reform was the effect.
As the 99th Illinois General Assembly started their deliberations in January, dozens and dozens of police reform bills were introduced in the House and Senate. Such were the numbers as never seen before by experienced lobbyists. Some of the legislation could be depicted as ridiculous while some was identified as downright dangerous to police officers. And there were demands for criminal sanctions against police officers. Passions were high, on all sides.
The FOP was determined to get ahead of this issue and knew that a professional and proactive approach was necessary in dealing with these reforms. While working closely with the FOP Labor Council, Chicago Lodge 7 and Troopers Lodge 41, collaborations were put into motion with the Illinois Association of Chiefs of Police, the Illinois Sheriffs Association, the Illinois Law Enforcement Training and Standards Board and the Police Benevolent and Protective Association. Brought into the mix were the Illinois American Civil Liberties Union and the Illinois Legislative Black Caucus, as well as many others.
If reform was going to occur, it needed to be reasonable and make sense. After months of negotiations, Senator Kwame Raoul and Representative Elgie R. Sims introduced legislation that seemed to meet that balance. As with any good negotiations, neither side was totally happy or totally disappointed. On May 30th 2015 Senate Bill 1304 passed the House and Senate. Its next step is to the Governor for signature.
Only time will tell if we here in Illinois have stemmed the tide of social unrest. The full bill can be reviewed at http://www.ilga.gov/legislation/99/SB/PDF/09900SB1304lv.pdf.
A synopsis of the bill follows.
Senate Bill 1304:
Creates the Police and Community Relations Improvement Act
The Commission shall meet regularly to review the current training and certification process for law enforcement officers, review the duties of the various types of law enforcement officers, including auxiliary officers, review the standards for the issuance of badges, shields, and other police and agency identification, and examine whether law enforcement officers should be licensed.
Provides that each law enforcement agency shall have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that law enforcement agency
Provides that each officer-involved death investigation shall be conducted by at least 2 investigators, or an entity or agency comprised of at least 2 investigators, one of whom is the lead investigator
Provides that the lead investigator shall be certified or trained as a Lead Homicide Investigator
Provides that no investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved death, unless the investigator is employed by the Department of State Police and is not assigned to the same division or unit as the officer-involved in the death
Provides that if the officer-involved death being investigated involves a motor vehicle accident, at least one investigator shall be certified or trained as a Crash Reconstruction Specialist
Provides that notwithstanding these requirements, the policy for a law enforcement agency, when the officer-involved death being investigated involves a motor vehicle collision, may allow the use of an investigator who is employed by that law enforcement agency and who is certified by the Illinois Law Enforcement Training Standards Board as a Crash Reconstruction Specialist
Provides for a complete report to the State's Attorney of the county in which the officer-involved death occurred
Provides that if the State's Attorney, or a designated special prosecutor, determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death, or if the law enforcement officer is not otherwise charged or indicted, the investigators shall publicly release a report
Provides that compensation for investigation of an officer-involved death may be determined in an intergovernmental or interagency agreement
Provides that the Act does not prohibit any law enforcement agency from conducting an internal investigation into the officer-involved death if it does not interfere with the investigation conducted under the Act
Creates the Uniform Crime Reporting Act
Provides that the Department of State Police shall be a central repository and custodian of crime statistics for the State and shall have all the power incident thereto to carry out the purposes of the Act, including the power to demand and receive cooperation in the submission of crime statistics from all law enforcement agencies
Provides that all data and information provided to the Department under the Act must be provided in a manner and form prescribed by the Department
Provides that on annual basis, the Department shall make available compilations of crime statistics required to be reported by each law enforcement agency
Provides that beginning January 1, 2017 each month, each law enforcement agency shall submit specified information to the Department of State Police on arrest-related deaths, police discharge of firearms, crime incidents, and offenses in schools
Provides that beginning January 1, 2016, each law enforcement agency shall submit to the Department incident-based information on any criminal homicide
The data shall be provided monthly by law enforcement agencies containing information describing the victim of the homicide, the offender, the relationship between the victim and offender, any weapons used, and the circumstances of the incident
Requires the Department of State Police to annually report to the Illinois Law Enforcement Training and Standards Board law enforcement agencies that are not in compliance with the reporting requirements
The Board may consider the noncompliance in making grants under the Law Enforcement Camera Grant Act
Amends the Illinois Police Training Act
Requires all law enforcement agencies to notify the Board of any final determination of willful violation by an officer of department or agency policy, official misconduct, or law, and maintenance by the Board of a database containing this information
Provides that minimum in-service training requirements, which a permanent police officer must satisfactorily complete every 3 years, shall include constitutional and proper use of law enforcement authority, procedural justice, civil rights, human rights, and cultural competency, and complete annually updates and use of force training which shall include scenario based training
Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act
Provides that, beginning on July 1, 2015, from the proceeds received under the Acts, each month the Department of Revenue shall deposit $500,000 into the State Crime Laboratory Fund
Amends the Unified Code of Corrections
Provides that the Department of State Police shall report certain backlog information to the Governor and both houses of the General Assembly on a monthly basis (currently, the report is annual)
Amends the Counties Code
Provides procedures for appointment of a special prosecutor for a State's Attorney who is sick, absent, unable to fulfill his or her duties, or with a conflict of interest
Amends the Illinois Vehicle Code
Requires law enforcement officers who detain a pedestrian to complete a uniform stop card with information concerning the stop (Amends the Criminal Code of 2012)
Provides that upon completion of any stop involving a frisk or search, and unless impractical, impossible, or under exigent circumstances, the officer shall provide the person with a stop receipt which provides the reason for the stop and contains the officer's name and badge number.
This provision does not apply to searches or inspections for compliance with the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections for routine security screenings at facilities or events
Prohibitions Against “Chokeholds”
Provides that a peace officer shall not use a chokehold in the performance of his or her duties, unless deadly force is justified under the Justifiable Use of Force; Exoneration Article of the Code.
Provides that a peace officer shall not use a chokehold, or any lesser contact with the throat or neck area of another in order to prevent the destruction of evidence by ingestion
Defines "chokehold" as applying any direct pressure to the throat, windpipe, or airway of another with the intent to reduce or prevent the intake of air. "Chokehold" does not include any holding involving contact with the neck that is not intended to reduce the intake of air.
Creates the Law Enforcement Officer-Worn Body Camera and Management Act
Any law enforcement agency which employs the use of officer-worn body cameras is subject to the provisions of this Act, whether or not the agency receives or has received monies from the Law Enforcement Camera Grant Fund.
Provides for the Illinois Law Enforcement Training Standards Board to create model guidelines, to be adopted as rules by law enforcement agencies using officer-worn body cameras
Provides specific requirements for recording retention, data collection and reporting
Provides legislative findings. Defines terms. Amends the Law Enforcement Camera Grant Act
Provides that grants may be made from the Law Enforcement Camera Grant Fund for both officer-worn body cameras and in-car video cameras (currently, only in-car video cameras).
Provides anti-sweep protection to the Law Enforcement Camera Grant Fund
Provides specific requirements for recording retention, data collection and reporting as conditions of receiving grants under the Act
Removes a provision requiring applications for grant money to be made prior to January 1, 2011
Amends the Criminal Code of 2012.
Provides an exemption from the crime of eavesdropping for the use of officer-worn body cameras and in-car video cameras where there is no reasonable expectation of privacy
Increases the additional fine assessed on convicted defendants in criminal and traffic cases to $15 (from $10), increases the portion of that additional fine going to the Law Enforcement Camera Grant Fund to $3 (from $1)
Amends the Unified Code of Corrections
Provides that beginning January 1, 2016, the Department of State Police shall quarterly report on the status of the processing of forensic biology and DNA evidence submitted to the Department of State Police Laboratory for analysis
The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Department of State Police website
Provides that the Department of State Police shall obtain, implement, and maintain an Electronic Laboratory Information Management System (LIMS), to efficiently and effectively track all evidence submitted for forensic testing