June 1991 - San Francisco Police Officers Association

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Page 14 Notebook June, 1991Jurors NeededThe National Institute for Trial Advocacy,"NITA" is seeking jurors for a setof mock trials that are being conducted atBoalt Hall School of Law on the campusof the University of Berkeley, on BancroftWay just below Piedmont Avenue.This is an excellent opportunity toobserve the legal system as it really works.Past jurors have enjoyed the experience agreat deal. For law students and potentialtrial lawyers this is a unique opportunity toobserve a criminal and civil trial and todiscuss trial tactics with highly experiencedtrial lawyers and judges from across thecountry.Since 1972, The National Institute forTrial Advocacy "NITA" has been conductinghighly successful trial advocacy trainingprograms. Now in its third decade ofnationwide advocacy training. NITA's trialadvocacy training program has been acclaimedas the most effective form ofteaching ever developed.You are invited to participate on one orboth days. Lunch and $15 will be providedeach day for your participation.The dates are Thursday, June 20,8:30-3:30 and Friday, June 218:30-3:30.If you are interested, please call: NITAProgram Coordinator; 658-5670(9 a.m. -4 p.m.) - 653-2882 FAX.UNiTED PACIFIC IpFUNDING, INC.A Mortgage Company(415) 749-1601Fax (415) 749-0919HOME SAVINGS OF AMERICABUILDING2740 Van Ness Ave., Suite 300San Francisco, CA 94109CULLEN AND WOODATTORNEYS AND COUNSELORS AT LAW2003 - 16TH STREETSAN FRANCISCO, CA 94103(415) 621-3771Sheriff'sAt SanBeginning Wednesday, May 29, 1991,San Francisco Sheriff Michael Hennesseyhas designated all Sheriffs Departmentfacilities, offices and vehicles as smoke-freeenvironments.The smoking ban applies to every swornor civilian person working in or visiting thecounty jails or any other Sheriffs facility oroffice.County Jail prisoners were notified of thesmoking ban several months ago, allowedto purchase progressively less tobaccofrom the commissary, and allowed tosmoke up to May 29th.Staff will be permitted to smoke outsideSheriffs Department buildings during breakperiods, but may not smoke while supervisingoutside work crews or transportingcustodies. Jail medical staff will assist inmateswho may have difficulty during thetransition period, and the City's EmployeeAssistance Program has pledged to helpany Department employee who requests it.Prior to implementation, the completeSan Francisco District Attorney ArloSmith recently announced charges againstNancy Marks and Laura Marks for fortunetelling and grand theft following a policeundercover operation. A member of theSan Francisco Police Department posed asa customer of the two women who wereoperating out of two separate locations at2194 19th Ave. and 6120 Geary Blvd."Cases like this are especiallytroublesome because they are rarelyreported to the police," D.A. Arlos Smithstated. "Suspects often target people whodo not speak English and reach themthrough ads placed in church bulletins. Theapproach used is aimed at the perceivedweaknesses and vulnerabilities of the intendedvictims."It was largely through the efforts of theSan Francisco Police Department's FraudREAL ESTATEINSURANCE1415) 985 SlS jJMINODepartment Bans SmokingFrancisco County JailsESTABLISHED 1932JR. CO.INSURANCE118 COLUMBUS AVENUE. SAN FRANCISCO, CA 94133policy was posted at each Departmentfacility, in staff and prisoner areas."While there are many reasons to createsmoke-free public environments," statedSheriff Hennessey, "our primary motivationcan be summed up in one word: health.The Surgeon General and the AmericanCancer Soceity agree that over 390,000Americans die each year from tobaccorelated illnesses - over 1,000 people perday!"Repeated warnings to the nation aboutthe physical health dangers of smokingtobacco are now made even more urgentby the well-documented dangers of secondarysmoke. While less visible, recentresearch has also proven secondary smoketo be deadly, especially to children andpregnant women."The time has come for all public andprivate sector employers to take a firmstand for their employees' lives and bansmoking and the use of all tobaccoproducts."D.A. Charges Alleged Fortune TellersDetail and its Lieutenant Alan Mould andhis special investigative section that wewere able to put this case together," D.A.Smith said.The defendants were arraigned on Mon.,May 20. It is alleged that the defendantsasked the victim to provide items such asa photograph, ribbons and underwear aspart of the fortune telling process.This investigation followed the receipt ofa number of complaints that a number offortune tellers had defrauded customers bycharging them increasingly large sums ofmoney for promises of a better life.If any person believes that they havebeen defrauded by a fortuneteller, they areurged to file a police report with the FraudDetail of the San Francisco Police Departmentor urged to telephone the D.A.'s ConsumerFraud Mediation Unit at 553-1814.WesternDelunaPressInc. S.K. CoburnOwner85 Charter Oak AvenueSan Francisco, CA 94124(415) 467-2360 FAX (415) 467-9258TributeTom Flippin, EditorSFPOA NotebookAt a time when police have come undermuch criticism, I thought you might like toknow there are still places where peopleare. I am therefore enclosing an articleappearing in the Sonora Ca. UnionDemocrat of Tues. May 14, 1991.Sincerely,Robert L. GernerS.F.P.D. RetiredTribute To FallenOfficersA 21-gun salute will honor the eight lawenforcement officers who died in the lineof duty in California in 1990.The second annual Tuolumne Countyobservance of National Peace OfficersMemorial Day will begin at noon tomorrow,and the public is invited. It will be heldat Courthouse Square in Sonora.The observance will begin with theposting of colors. The National Anthemwill be sung by Tuolumne County SheriffsLt. James Bland.Judge Doug Boyack will offer a tributeto law enforcement.The names of law enforcement officerswho died in the line of duty will be read bySheriff Richard Nutting, Sonora Chief ofPolice Ralph Hamilton and CaliforniaHighway Patrol commander Roy Beebe.Beetle Barbour and Denise Healy willsing a memorial hymn and TuolumneCounty Sheriffs Dept. Chaplain EverettBeason will lead a prayer.The honor guard giving the 21-gun salutewill consist of representatives from SierraConservation Center, State Park Rangers,Sonora Police Department, CaliforniaHighway Patrol and Tuolumne CountySheriffs Department.The sounding of taps will be byTuolumne County Sheriff's Lt. BillSponseller.One sheriffs deputy and one highwaypatrolman died in the line of duty last yearin California. They were Paul R. Bush ofthe Santa Clara sheriffs department andJames C. O'Conner of the Ventura unit ofthe highway patrol.Six police department officers died:Timothy D. White of Stockton, Robert L.Shultis of San Bernardino, Tommy De LaRosa of Fullerton, Isiah Nelson III of SanFrancisco, James H. McKnight of WestSacramento and Russell L. Kuster of LosAngeles.Reprinted from theSonora Union Democrat,Tuesday, May 14, 1991Lakeside Hardware &Lumber CompanyHARDWARE, LUMBER,PAINT, SAND & CEMENT,FULLER PAINTS,HOMEW.ARESWATER HEATERS(415) 731-52523401 TARAVAL STREETSAN FRANCISCO, CA 94116C. and G.RoofingBonded and InsuredGARY FRITZINGERowner1378- 29th Ave.San Francisco, CA 94122Lic. 1526-102(415)664-2025ARTCORESIDENTIAL ANDCOMMERCIALCONTRACTOR(415) 550-1975150 Toland Street No. 3San Francisco, CA 94124Artin HamamciyanLic. 427966By Appointment Only4011 1ets 0FUJI SHIATSU1721 BUCHANAN MALLSAN FRANCISCO,CA 94115415/346-4484L:MotoléoProprietorSb injukuJAPAN CENTER WEST BLDG.- 1581 - Webster StreetSan Francisco, CA 94115(415) 922-2379Courtesyof a Friend
June, 1991 Notebook Page 15OTPOST 456in 1988, 20 years after his tour in Vietnamwith the Marine Corps.(Continued From Page 1)(Continued From Page 2)if compensation is proper. Three importantfacts the Courts generally look at are thefrequency of the call-backs, the duration ofthe call-backs, and whether the employeeis subject to discipline for late or missedcalls.Employees who are required to wearbeepers during their off duty hours mayalso be entitled to FLSA overtime compensation.The fact that the employee carriesa beeper does not in and of itself invokethe overtime provisions. Federal regulationsstate that if an employee is merely requiredto leave word as to where he or shecan be reached on-call time is not compensable,(29 CFR § 785.17). Thus, in manycircumstances a beeper solves theemployer's concerns about paying for theemployees' on-call time. However, if bylooking at the facts of the situation it canbe determined that the employee's time isso circumscribed that it can no longer bedeemed his or her own, the employeeshould be compensated regardless of thefact that a beeper is worn. The followingcases help illustrate the factual analysisthat goes into a Court's determination ofwhether compensation for on-call time isproper.The facts of Brock u. El Paso NaturalGas Co., 28 WHC 629 (5th Cir. 1987), ledthe Fifth Circuit Court of Appeals to findthat no overtime compensation was due fortime not actually spent working becauseemployees had sufficient discretion overtheir on-call time. The employees of ElPaso Natural Gas Co. were required to beon-call in rotating shifts, were given widelatitude to determine who would be on-call,were able to send for a backup if they wereunable to fulfill their on-call duties and werepaid for the period they were waiting forthe backup to arrive, and were able tospend the on-call time with their familiesin the manner they choose so long as theemployee remain within hailing distance ofthe station and the alarm which soundswithin the on-call employee's residence.The case of Bright v. Houston NorthwestMedical Center, 29 WHC 905 (5thCir. 1989), provides an example of the typeof circumstances which lead a Court tobelieve compensation for on-call time maybe proper. Upon denial of defendant's summaryjudgment motion, the Court foundthat a hospital employee who was requiredto be on-call 24 hours per day, 365 daysper year, who was required at all times tobe able to return to the hospital within 20minutes, and who had no backup personfor relief, was not as a matter of law usinghis on-call time predominantly for his ownpurposes. The Court stated that the issueof compensation for the employee's on-calltime was to be determined at trial and noton summary judgment.In Renfero v. Emporia, 29 WI-IC 1049(DC Kansas 1989), firefighter's on-call timewas determined to be so circumscribed asto effectively restrict the employees fromusing the time for their own pursuits, andthus, was compensable under the FLSA.In this case the firefighters were subject tomandatory rotating 24 hour on-call duty.rr cht ZTtIraxb !LTThe on-call firefighter was called to dutywhen the regular duty staff fell belowminimum staffing levels and when aminimally staffed unit was called out.Following the return of regular staff the oncallemployee was relieved from duty. Oncallemployees were actually called in towork on an average of 4 to 5 times per shift(and up to as many as 13 call-backs pershift) via their pagers and were on call foran average of one hour per call-back. Whileon-call shift trades were possible, they weredifficult to accomplish, and while not requiredto remain at the fire station, thefirefighter was required to be able to resondwithin twenty minutes of the call. A writtenreprimand was given to all firefighterswho did not respond within the requiredtime and this reprimand was taken into accountin determining performance evaluations,discipline, and termination. Thefirefighters were restricted from obtainingsecondary jobs, from traveling beyond theirpager range, and further than twentyminutes from the station. They hiredbabysitters for their on-call days and werehesitant in partaking in activities which requiredexpenditure of money as they werelikely to be called in.Officers are entitled tocompensatory time off at time andone half.Compensatory time off for overtime islikewise subject to the same principles andguidelines of Garcia and the FLSA overtimeprovisions. An officer who performsmandatory rotating rebooking duty whichrequires overtime work for any given payperiod is to be compensated for this overtimeat time and one half. The fact that thisduty is compensated for in time off ratherthan in pay is of no consequence.Conclusion.While overtime pay is applicable to stateand local government employees under theFLSA, in the case of pay for on-call duty,a case-by-case determination must bemade. The threshold test is the degree offreedom the employee experiences duringon-call duty, yet there are important factswhich seem to distinguish one case fromanother. If the employee is frequentlycalled-in, spends a signifcant amount oftime during each call, has little or no flexibilityin scheduling on-call duty, or is subjectto some form of reprimand or punishmentfor late or missed calls, the Courtsseem to be inclined to grant compensationfor the employee's time.The FLSA principles for overtime payapply equally to compensatory time off inlieu of pay and time off is to be given atJime and one half.TheMatterhornrteoSwissRestaurantfor reservations call(415) 885-6116•2323 Van Ness AvenueSan Francisco, CA 94109Bay Terminal, Main and Mission Streets.Please get the word out to any homelessveterans you run across. If you would likea flier to post at any appropriate spot contactme at Northern Station (553-1563).To volunteer, support, and/or to donateservices or supplies, or for further information,please contact Dan Silva, Swords toPlowshares, 400 Valencia St., San Francisco94103 (415) 552-8804. Twenty ortwenty-five years ago, over in the Nam, wewould have died before turning our backson our comrades and leaving them behind.Some of those very same comrades needour help more now than they ever did overin the Nam. Plase don't turn your backs onthem and leave them behind now, whenthey need us the most. Thank you.To this day I have not watched a VietnamWar movie. I had always believed thatI never would. Last week however, JoelHarms pointed out a blurb which was inthe San Francisco Chronicle. It stated,"Robert Loggia and David Caradine havebeen cast to co-star in '1St Force,' a moviebased on a true story of the victories andhardships of an elite Marine outfit that wentbehind enemy lines during the VietnamWar." That could only be the First ForceReconaissance Company. I served with 1stForce in Vietnam in 1968 and early 1969.I guess I'll have to see it. Force Recon Companyseems to have been the least publicizedelite unit in history. It's about time theygot some well-deserved recognition. I urgeeveryone to see the movie when it comesout.I would like to close this month's columnwith a poem for the benefit of those of youthat might be less than sympathetic to theplight of our homeless veterans. It was writtenby Sgt. J.L, Murphy, Huntsville, AL,S-2 Scout 3/3. It is used in the Post-Traumatic Stress Disorder program inTuscaloosa VA Medical Center, where heis a patient. Sgt. Murphy wrote the poemEARLY CALIFORNIAArtistic Iron WorksELECTRICAL, GALVANIZED, ETC.• ELECTRICAL GATES STORE FRONTSGALVANIZED IRON BALCONIES•WINDOW GRILLES SPIRO STAIRWAYS•HAND RAILINGSV. ALDAZBusiness Owner1877 Oakdale Ave., San Francisco CA 94124Call 647-1254PETcetera.PET FOODS & SUPPLIES2226 TARAVAL STREETAT 32nd AVE. NEXT TO THE 7- 11HOURS: MONDAY - FRIDAY 10-7SATURDAYS 9:30 - 6:30SUNDAY 12:00 - 5:00(415) 661-4236'NamHe talks about the heat,He still recalls the rain.He speaks of the smell of death,The blood, the mud, the pain.He talks about the trails,He still recalls the sky.He speaks of screamin' arty rounds,As ghosts walk through his mind.He still remembers daysWhen no one had to die.He speaks of diggin' holes,Then leaving them behind.There's ambush on his face,Tracers in his night.Concussion in the wind,Sorrow in his smile.And it's been a long time comin'A fight tooth and nail.To leave behind those lost soulsAnd climb from the pit of hell.But he's closer to the truthThan anyone should be.After all these years of fighting,Now the enemy is me....NICKIE'S460 HAIGHTSAN FRANCISCO621-6508.1 ESp40C, (P9.Iii II4IJ1010 am2601 MISSION STREETSAN FRANCISCO,CA 94110415/695-1010530 Haight Street At FillmoreSan Francisco, CA 94117(415) 626-72791.Steve SparksRE, O'HAIR&CO.A DIVISION OFWESTBURNE SUPPLY, INC.945 BRYANT STREETSAN FRANCISCO, CA 94103(415) 431-4280Arv;^;I F.The Black RoseCocktail Lounge335 Jones StreetSan Francisco441-3585
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June 1991 - San Francisco Police Officers Association

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