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OPSE Obstacles

City running into obstacles with new police detail system

 

 

http://theadvocate.com/news/neworleans/8669079-148/city-running-into-obstacles-with

 

Struggling to enlist New Orleans police officers for some off-duty detail work under a new city-run system that many cops revile, Mayor Mitch Landrieu’s office plans to ask the City Council to allow higher pay for officers to work some events, Chief Administrative Officer Andy Kopplin said Tuesday.

In the meantime, a federal judge agreed last week to let the city put off taking over management of details for Jazzfest, the French Quarter Festival and other major events until 2015, leaving them this year under the officer-run system that existed for decades before scandal and a federal consent decree led to creation of the new system.

The challenges facing the new Office of Police Secondary Employment have come to a head lately as officers have proved reluctant to sign up for at least some of the off-duty work, despite claims by officer groups that cops are desperate for the extra money.

Under an ordinance the City Council approved last summer for the new system, the pay for moonlighting in police uniform runs from $29.33 per hour for a regular officer to $39 for top NOPD brass. In some cases, Kopplin acknowledged, those rates haven’t been enough to entice officers embittered over a city takeover that is mandated under the court-enforced NOPD reform pact.

Read more...
 
FOP Settles Overtime Lawsuit

FOP SETTLES OVERTIME LAWSUIT 

 

If you have questions about anything in the below article, please contact Jim Gallagher at (504) 442-4050 or by reply email.

 

Attorneys for the Fraternal Order of Police, Crescent City Lodge (FOP) have entered into a settlement agreement with the City of New Orleans in a federal law suit concerning the Fair Labor Standards Act (FLSA) and incentive pay overtime.  

 

If you were an employee of the New Orleans Police Department during the years 2012 and/or 2013, and earned overtime while being paid a special rate of pay, you may be eligible to collect back pay.

 

History - in early 2012, FOP member George Brown asked an FOP board member to review a copy of his payroll stub to determine if his pension contributions were being accurately reported.  In doing the various calculations involved, the FOP board member noted that Officer Brown's educational incentive pay was not being computed into his overtime calculation as required by FLSA.  Several meetings were held with City Administration and Department of Finance officials, and it became obvious that the overtime calculation error involved all "special rates of pay" not being paid as a percentage of salary.  It also became obvious that the City was not interested in voluntarily correcting the problem and paying the appropriate back pay.  On May 10, 2012 a lawsuit was filed on behalf of George Brown and all similarly situated NOPD officers, and Danny Mack and all similarly situated former NOPD officers.  The City hired an outside law firm to represent their interests.  The FOP members were represented by FOP Lodge attorney Claude Schlesinger and his partner Ted Alpaugh.  Settlement discussions were soon underway and a settlement agreement reached. 

 

In short, while admitting no wrongdoing, the City of New Orleans has agreed to correct the problem moving forward (effective on 01/01/2014) by following the FLSA mandate to include all "special rates of pay" in the calculation of overtime, and to recalculate and make back payments on all overtime worked by effected employees during the calendar years 2012 and 2013.  The city has also agreed to pay up to $25,000.00 to cover legal fees paid by the Fraternal Order of Police (see note at end of article).  

 

If you received any of the below listed "special rates of pay" and earned any overtime in calendar years 2012 and/or 2013, you are due some back pay.  

  • Educational Incentive Pay (pay for advanced degrees)
  • Field Training Officers
  • Bomb Squad
  • Marine Unit
  • K-9
  • Motorcycle
  • Tactical
  • Mounted

By our early calculations, the amounts involved range from under $100.00 to over $2000.00, depending on the amount of overtime actually worked.  The total amount due to officers is nearly $215,000.00.

 

Because this is an FLSA matter, you must OPT IN in order to be considered eligible for any back pay.  In order to OPT IN, you must complete the form entitled Consent to Become Party Plaintiff Form and return the completed form to our FOP Lodge attorney Claude Schlesinger.

 

Once completed, the form can be sent by postal mail to:

 

NOPD Overtime Action
Guste Barnett, Schlesinger, Henderson & Alpaugh LLP 
639 Loyola Ave., Ste. 2500 
New Orleans, LA 70113
 

The completed form can be emailed to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it  

or it  can be faxed to 504-561-0326.

 

Members may also hand-deliver the completed forms to any FOP Board member or bring the completed form to our April 2014 FOP meeting.

 

YOU MUST COMPLETE AND SUBMIT THE FORM BY MAY 15, 2014.

 

You can get the Consent to Become Party Plaintiff Form by clicking here.  

 

You can read the NOTICE OF FLSA ACTION by clicking here 

 

Note:  The city is currently working on fixing the overtime calculation problem moving forward and expects to have the corrections made shortly - when the calculations are corrected, payments will be made back to the first of the year.  Payments of back pay will be made in four equal amounts over 24 months.

 

Our legal research showed that FLSA actions cap at two years of back pay, unless a showing of malice on the part of the employer could be shown in which case a third year could be added.  While we may have been able to reach that requirement, it would have required that the action be taken to trial.  The decision was made that it would be too costly and time-consuming - and a positive outcome was not guaranteed.

 

Both our legal team and our Executive Board of Directors strongly believe this settlement is the best possible outcome in this matter.
 
FOP News & Information (3.11.14)

FOP MEETING REMINDER - TONIGHT

 

 

The next monthly meeting of the Fraternal Order of Police, Crescent City Lodge, will be held on Tuesday, March 11, 2014.  The meeting will be held at our regular meeting location, the Lakeview Presbyterian Church meeting hall, located at 5914 Canal Blvd., one block lake-bound from the I-610 / Canal Blvd., exit in New Orleans.

 

Entrance and parking is available in the rear parking lot at Brooks and Louis XIV streets.

 

Dinner will be served at 6:30pm, and the meeting will start at 7:00pm.

 

Chef John Schluter will be serving spaghetti and meatballs, Caesar salad and Philadelphia-style Italian Ice for dessert.

 

Our attorneys will be on hand to present important information concerning the settlement of our education overtime suit, our ongoing lawsuit against the City of New Orleans over OPSE Paid Details, and the upcoming Civil Service Commission meeting at which the FOP will make a presentation concerning pay raises for NOPD officers.

 

FOP State President Darrell Basco will be on hand to discuss the current Louisiana Legislative session and the upcoming FOP State Conference.

 

We urge all interested members to attend.

 

CLICK HERE IF YOU MISSED OUR NEWSLETTER

  

CLICK HERE TO VIEW FULL MEETING AGENDA

 
FOP Use of Force

 

FOP Attorney Donovan Livaccari's Post on Use of Force

 

FOP Attorney / Employee Representative Donovan Livaccari has written extensively on Police Use of Force on his blog www.signal108.com and has taught on the subject at various Fraternal Order of Police meetings and seminars.  Today, he posted an excerpt on FACEBOOK and other social media.  We thought our broader membership would benefit from this information.

 

Donovan Livaccari

"The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight."

"The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments-in circumstances that are tense, uncertain, and rapidly evolving-about the amount of force that is necessary in a particular situation."

Graham v. Connor, 490 U.S. 386, 396-97, 109 S. Ct. 1865, 1872, 104 L. Ed. 2d 443 (U.S.N.C. 1989).

To read Donovan's full articles on Graham v Connor and Police Use of Force, please click on the links below.

 

Signal 108.com Use of Force Part 1 

 

 Signal 108.com Use of Force Part 2 

 

 
 
 

The Fraternal Order of Police is proud to provide its members with all that they need in a police representative organization: 

 

Legal Defense

Labor Representation

Legislative Lobbying

Fraternalism & Camaraderie

Unmatched Benefits and Services

 

We are the world's largest law enforcement labor organization with over 330,000 members.

 

There are 6,000 members in Louisiana, with over 3500 living in the greater New Orleans area.  

 

Our New Orleans FOP Crescent City Lodge represents 1100 active law enforcement officers and 900 retired law enforcement officers.

 

  

  

  

The Fraternal Order of Police is the voice of law enforcement in New Orleans!

   

Media requests contact Raymond Burkart III at (504) 920-0075

 
FOP Meeting

FOP MEETING REMINDER

 

 

The next monthly meeting of the Fraternal Order of Police, Crescent City Lodge, will be held on Tuesday, January 14, 2014.  The meeting will be held at our regular meeting location, the Lakeview Presbyterian Church meeting hall, located at 5914 Canal Blvd., one block lake-bound from the I-610 / Canal Blvd., exit in New Orleans.

 

Entrance and parking is available in the rear parking lot at Brooks and Louis XIV streets.

 

Dinner will be served at 6:30pm, and the meeting will start at 7:00pm.

Chef John Schluter will be serving corned beef & cabbage with black-eyed peas.

 

It is election season, so we expect political candidates to make an appearance - we have invited Mayoral Candidate Michael Bagneris to attend our meeting and address our members.

 

Our attorneys will be on hand to present important information concerning the potential settlement of our overtime suit and our ongoing lawsuit against the City of New Orleans over OPSE Paid Details.

 

We urge all interested members to attend.

 

CLICK HERE IF YOU MISSED OUR NEWSLETTER

  

CLICK HERE TO VIEW MEETING AGENDA

 
FOP Sgt. Test Prep

REMINDER - FOP Sergeant TEST PREP

INDIVIDUAL SESSIONS

Tues. Jan 7th, Thurs. Jan 9th, Sat. Jan 11th

 

Law offices of Donovan Livaccari

101 W. Robert E. Lee Blvd., Suite 403

New Orleans, LA 70124

(Ochsner Building, just off Robert E Lee & West End)

 

 

Retired NOPD Captain Louie Dabdoub will be holding individual sessions with Sergeant candidates who have attended previous FOP Prep Classes.

 

Each session will last approximately 20 minutes, and will be a review of that individual officer's work in previous prep classes.

 

The schedule was made available at last Saturday's class and was filled on a first come, first served basis. 

 

Any candidate who has not yet scheduled an individual session with Capt Dabdoub may do so by calling Donovan Livaccari at (504) 905-8280.

 

There are a few opeinings on Thursday evening (01/09/14) and on Saturday afternoon (01/11/14)

 

 

CLICK HERE TO VIEW SESSION SCHEDULE

 

FOP Attorney / Employee Representative Donovan Livaccari will be available to candidates before and after each individual session for legal consultation and to discuss any pending administrative investigations or discipline issues that may cause a problem in the promotional process.

 

All candidates are urged to obtain a copy of their PIB short forms and to bring the short form and a copy of their attendance record for the previous year to their scheduled session.

 
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