Pueblo Deputies' Fraternal Order of Police Lodge 7

  

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Labor Relations Info



Support Is Growing!!!

We want to thank everyone in attendance at the two special meetings on Monday July 6th.  The show of support was tremendous and the turnouts were amongst the largest we have seen in a long time.  We also express our thanks to our brothers from the Fire Union and other labor organizations for their attendance, show of support and solidarity behind FOP Lodge 7’s current fight for its rights and in defense of its Lodge President.

 

During the time since this unjust calculated attack on this Lodge and its President started in early May, our membership numbers have grown from 202 to just 237.  That fact along with the tremendous turnout at the two special meetings should send a strong message that what has been happening does not sit well with either the majority of the workforce or the membership.

 

We were all pleased to listen to Director Mike Violette’s assessment and two prong, multi-phased plan of action by the State Fraternal Order of Police to effectively deal with our situation.  We were equally pleased to hear the pledges of solidarity from other unions in regards to assistance.  We already are receiving communications from labor leaders outside of the FOP about what they can do both in the short and long term.  Mike Violette is coordinating all efforts within and outside of the FOP to best utilize these resources as necessary.


State FOP's Response to the Firing of the Lodge President

Brothers & Sisters of Lodge 7,

On Thursday afternoon, June 25, 2009 the Sheriff finished the travesty that began in early May.  He fired Sgt McLallen from his job with the Pueblo County Sheriff’s Department.  This was an outrageous act of retaliation for Sgt McLallen’s active involvement as your Lodge President carrying forth the will of your organization with regards to obtaining the right to bargain collectively.

 

Although Sgt McLallen was fired from his position, the FOP Constitution under circumstances such as this allows he remain the Lodge 7 President for the remainder of the term of his elected office.   He will be working on your behalf as attentively as he always has.  That will not change.  Many of you are wondering how Tommie is handling this.  He is doing just fine.  He knew they were moving to do this to him and both he and his family have been taking the necessary steps to prepare for it.  He knows he will be vindicated in the long run, and what they did to him exposed for all to see.

In the meantime there are numerous things in the mill for him with regards to other law enforcement employment and various support efforts being organized both inside and outside of Colorado currently moving forward that will insure both he and his family are taken care of.  This issue has grabbed the attention of the National FOP and is being spread to every lodge across the country.

 

As many of you are aware the investigation of this incident and the manner in which it was prosecuted was shameful at best.  Our ongoing investigation reveals it to be a contrived overzealous effort designed to achieve a pre-determined end.  In his statement to the local paper the Sheriff was audacious enough to state that “due process” was given and this was the result.  Due process is best defined in one word—fairness.  Obviously the Sheriff needs to study what due process is before making such a pronouncement.  This was not anything remotely close to fairness no matter what the Sheriff and those closest to carrying out his will on this may believe.   But that is and has been the way due process has been interpreted under this current administration in the Pueblo County Sheriff’s Office.

You all were advised in my letter of June 26th from the Colorado State Lodge Fraternal Order of Police that this contemptible act of retaliation against you and your Lodge will not go un-challenged.  This is headed to a lawsuit involving retaliation, wrongful termination, protected speech, and violations of 1st and 14th amendment rights all resulting in financial loss and emotional pain and distress.   Make no mistake about that it will happen.   As you all know lawsuits take months if not years to resolve.  The FOP and Sgt McLallen are committed to see this through to its final conclusion.  You can be assured we will use every venue available to us to fight this arrogant act, and any others that may follow.  This is a long term battle both in the legal arena and the political arena.  We will prevail in both.  This was not a fight we wanted.  Apparently the Sheriff and his ever shrinking circle of support did. 

After the initial flurry of public and internal communications surrounding this outlandish decision of the Sheriff you can expect things to settle into where they need to be.  There will be updates both public and internal via email, the Lodge 7 website, and the State FOP website concerning information that can be released as we move forward.  However, most of the work and on this matter will be done without fanfare or release.   Rest assured we will be working diligently finishing up the investigation, necessary filings, and preparation for Sgt McLallen’s legal case.  We will also be employing other strategies designed to deal with the broader scope of this as time moves forward.  So it should be understood by the members that although things will settle down publically, they will be moving forward privately.  All that will be done will have your interests, Sgt McLallen’s interests, and your union’s interests and goals at the forefront.

We fully understand the hostile work environment that you work under, and urge you to continue to communicate with us as you have been by email, phone, or through the “
Contact Us” page of this web site.  All the lines of communication that you have been using to avoid review by the Sheriff and others will remain as the primary FOP communications tool for now.  We caution each of you to refrain from using any work computers for electronic communications on this or other issues.  We know Sgt McLallen appreciates your support and we appreciate the pertinent information that continues to come into us.  What you all have been sending will continue to be kept confidential, and will be treated with your status protected.

 

Michael Violette
Executive Director - State Labor Services Division
Colorado FOP 303-591-3842
 


Colorado State Labor Council Communications 02-05-09

 

 


Dear Brothers & Sisters of Pueblo FOP Lodge 7,


The Labor Council’s first and foremost priority for all FOP members is to protect their rights as employees and citizens.  We will always move to properly and legally address any situation where those rights have been violated.  We will always act when our organization and its membership is on the receiving end of such behavior.  The Pueblo County problem was created by the September 22, 2008 ultimatum on the Fraternal Order of Police by the Pueblo County Sheriff.  That action left us with no other choice but to move in the manner we did. However, as many who are familiar with our organization understand, we serve to create an environment, which is conducive to good labor management relations. 

 

That being the case the Labor Council finds it unfortunate whenever it is put in a position of having to take affirmative action that may result in a breakdown in the type of relationship we would like to see our members enjoy with their managers.  The latest letter (02/03/09) from our General Counsel to the Pueblo County Attorney was written to provide a resolution to this matter that is fair, and will avoid taking this matter further.  We feel this proposal serves the interest of all involved parties.  We sincerely hope the County will take advantage of this opportunity to place this matter behind us all, and move forward to developing a better and rewarding relationship between the Sheriff and the organization that represents his Deputies.  The latest letter can be accessed at this link:  Labor Council Proposal

If you have questions or concerns feel free to contact me at anytime.

Mike Violette

Executive Director

State Labor Council

Colorado Fraternal Order of Police

303-591-3842


Labor Council Director Reviews Action Over Sheriff's Ultimatum


Dear Brothers & Sisters of Pueblo FOP Lodge 7,

On October 6, 2008 the Colorado State Lodge and its Labor Council through our General Counsel filed notice on the Pueblo County Attorney’s Office of potential legal action and suit against the Sheriff of Pueblo County
(click to read or download notification letter).  As many of you are aware since early this year the State FOP Labor Council has been engaged in an active effort in Pueblo County working with the elected leadership of Lodge 7 to obtain collective bargaining.  As the effort to bring this about in Pueblo County progressed, so did the Sheriff’s resistance and anger with the FOP’s pursuit of this goal.  On September 22nd the Sheriff wrote a letter to FOP Lodge 7 that prompted this notice of potential legal action (click to read or download Sheriff's 09-22-08 letter).  On October 3rd, Pueblo Lodge 7 (independent of the State FOP) wrote its response to the Sheriff's ultimatum of 09-22-08 (click to read or download that Lodge 7 response). 

On Tuesday October 14th we received a response from County Attorney Dan Kogovsek (click to read or download) and along with that correspondence a letter dated October 10th from Sheriff Taylor to your lodge (click to read or download)
Suffice it to say that any time anyone attacks this organization, its various lodges, or members, and in doing so violates the law, contractual obligations or constitutional rights that act will not go unchallenged.  We are the voice of law enforcement across this state and we will not be silenced or damaged simply because it does not fit someone’s agenda.  We are a representative labor organization with responsibilities to our members.  As such we will take appropriate and reasonable action to defend our organization and our membership.  

On November 6th we responded to the County Attorney's & Sheriff's October 14th correspondence concerning our complaint.  That letter requested clarification of the allegation that we had misinterpreted the Sheriff's ultimatum to this organization.  In addition we requested clarification of the Sheriff's reference to constitutional rights with regards to current county policy & procedure in exercising those rights.  You can read or download our letter at this link:  FOP Letter of November 6, 2008.

On December 22, 2008 General Counsel for the Colorado State FOP Labor Council received a response concerning our November 6th request for clarification of exactly how the Sheriff’s September 22nd ultimatum to the Fraternal Order of Police was “misunderstood.  Interestingly this letter of explanation did not come from the County Attorney; but rather from the Sheriff.  To maintain context of Sheriff Taylor's response it should be read after reviewing his September 22nd ultimatum that brought forth this potential legal action.  This response by the Sheriff is being reviewed and compared to the record of correspondence on this matter.  Due to legal considerations we cannot offer any additional information at this time.  In any event the State FOP will be responding to this communication sometime next week.  (Click here to read Sheriff Taylor's 12-18-08 letter to General Counsel).
 

 

 

Where It All Began !
 

 

 

In January of 2008, the 200 plus members of Pueblo FOP Lodge 7 participated in election by secret ballot to set the main priority of their organization.  On February 5th the votes were counted and the members voted overwhelmingly to mandate their elected officers to pursue every legal means necessary to gain the right for Pueblo Sheriff’s employees to collectively bargain with management, and enter into negotiated agreements on wages, benefits and certain conditions of employment.  There were only two dissenting votes cast.

Y
our local leaders, working with the State FOP Labor Council, set forth a plan to place this matter in front of the voters of Pueblo County.  The public was notified of this effort through a news conference announcing both the vote and the mandate of the membership.  The Pueblo County Board of Commissioners were kept informed every step of the way of your mandate, FOP intentions, and the efforts we have made in trying to bring the Sheriff into the process.

We had numerous meetings and communications with area politicians, area labor leaders and other key people on this matter (see attached).  These efforts gained overwhelming support in favor of this process from the Democratic Party, Labor, previous Sheriffs of Pueblo County, and key citizens in the community.  Initial meetings with the three County Commissioners gained tentative support to place this matter in front of the voters of Pueblo County.

The only person who has resisted our attempts to meet and confer on this matter has been the Sheriff.  We have gone out of our way time and again trying to explain to him, this is not personal.  We have tried to convey to Sheriff Taylor it is not about him, or the way he manages his employees or his department. To the contrary we have few if any issues with Sheriff Taylor.  He has done an admirable job as Sheriff in delivering public safety services to the citizens with the limited resources available. 

However, the Sheriff fails to recognize how our organization works.  He seems to believe the elected leadership is acting on its own without the direction of the body.  Nothing could be further from the truth.  We are a democratic organization.  Read our Constitution/Bylaws.  They are very clear.  The elected leadership is bound by the will of the members.  It is in our oath of office.  In this case of obtaining collective bargaining the members spoke out overwhelmingly in their secret ballot mandating this effort.  We the leadership are bound by that.  We are bound by that as much as he is bound by the voters and his oath of office to carry forth the mission of the office of Sheriff.  There is no difference.  In the work we have done, and continue to do on this, we are acting on behalf of the membership as directed.  Nothing more and nothing less.

The reason for all of this is the simple fact that his employees’ drive to secure these rights is about a broken system.  That is what drove the membership to their vote and subsequent mandate.  This matter did not develop overnight.  It has been years in the making.  The issues involved with this have nothing to do with the current Sheriff.  They have everything to do with system under which employees have no real right to due process and representation in disciplinary matters.  They have no say in their matters of wages, retirement & benefits.  The list goes on.

The Sheriff has, however, protested to various supporters of ours, that he has been left out of this.  Why he feels this way is beyond us.  We have reached out to him on several occasions concerning this matter.  Our efforts to involve him in this process have been reasonable, and what we believe any Administrator would expect from an organization that represents the expressed interest and intent of his workforce.  We have asked him to meet with us to discuss our proposal.  Our intent was to establish a more healthy and productive relationship between our organization and his office.  We sought to alleviate any misconceptions he may have of collective bargaining, and work together with him to achieve a reasonable resolution on key issues incorporated in our proposal.  Unfortunately, he will not meet with us on this matter of collective bargaining.  He has told on more than one occassion he does not believe it is needed or necessary and that to pursue this goal will destroy any productive relationship we may seek with him.  That is truly unfortunate, but a position he has chosen. 

The most recent formal request for a meeting came from Colorado State FOP Labor Council Executive Director Mike Violette.  That letter was written to Sheriff Taylor on April 20th urging he meet with your elected leadership.  Sheriff Taylor has never responded to that letter.  The most recent request came on July 7th during our meeting with the commissioners when Commissioner Nunez urged both sides to meet and resolve our differences.  We agreed and the Sheriff did not.  As a result we had no choice but to continue our efforts without Sheriff Taylor being actively in the loop. 
Our written efforts to work with the Sheriff and his one wriiten response are in communications that are available for review or download by clicking on the following links:

April 2, 2008 Lodge 7 letter to Sheriff Taylor

April 3, 2008 response from Sheriff to Lodge 7

April 20, 2008 letter from the Executive Director of the State FOP Labor Council

June13, 2008 letter to Sheriff Taylor requesting a meeting on our proposal

O
n Monday May 19th, 2008 the membership present at your monthly Lodge Membership Business Meeting agreed to present the final draft of your Collective Bargaining referendum to the Board of County Commissioners. (Click to read or download referendum here).

On Friday May 23rd, your Lodge leadership met with Commissioner Cordova requesting his support in placing this issue on the November ballot.  Commissioner Cordova earlier this year addressed the members gathered at Lodge Membership Business Meeting telling you he believed the voters of Pueblo County should decide this matter and he would vote to refer the matter to an election.  He later re-stated that same position on the record in a closed session of the Commissioners in which we were present.  In mid-summer Commissioner Cordova modified that support saying he had some concerns about doing this without Sheriff Taylor's support for the measure.  We explained to him our efforts to involve the Sheriff had proven futile. Commissioner Cordova was told it is our position this matter should be for the voters to decide.  They are the ultimate governors of the county, and should be the deciding authority on extending this right.  It was further explained to him that what we seek is legal and appropriate.  We also spoke with Commissioner Chostner re-affirming his support for referral of this measure.  Commissioner Chostner said he was in favor of putting the issue in front of the voters, but wanted to ensure that before doing so we have dotted all of our I’s and crossed all of our T’s.  We can assure you that all of our "I's" were dotted and all of our "T's" crossed.  

During the fourth week of June your Executive Board and representatives from the Colorado FOP sent a copy of the proposed amendment to the Pueblo Couty Code to the County Commissioners for review.  On July 7th General Counsel Dave Osborn and Executive Director of Labor Services Mike Violette made compelling and convincing arguments to the County Attorneys and the BOCC, that the stated legal position of the County was weak, and without substance.  The County’s argument was that C.R.S. 30-2-106 made collective bargaining illegal, because it dictates that the Sheriff sets deputies’ wages.  Dave and Mike were able to defeat that argument as well as the many others made by the County Attorneys.  During the meeting Sheriff Taylor stated his standing was the commisioners could hold all the elections they wanted, but he would not acknowledge the outcomes of those elections by the people. (click to listen or download sound clip).  That was the stance the Sheriff took, and although the Fraternal Order of Police does not agree with it, we do respect his position.  If you are interested in hearing the entire July 7, 2008 BOCC meeting there is a link to that audio file at the bottom of this page!  This audio is something every member of the Pueblo Sheriff's office should listen to!

On, July 18th,  the Lodge received a letter from the Board of County Commissioners stating their position was that they would NOT refer our measure to the voters of Pueblo County (read or download letter here).  The stated reasons given by the commissioners for denying the citizens of Pueblo County the right to decide this matter was that our proposal is “…inconsistent with the procedure for recognition of unions seeking to represent Pueblo County employees established by the Pueblo County Union Recognition Policy.  Secondly, your proposal would create significant legal concerns by imposing the policy and management judgment of the Board of Commissioners on the Pueblo County Sheriff.  As such, it is our opinion that the F.O.P.’s proposal will not be submitted to the voters as a ballot issue by the Board of County Commissioners.

Needless to say we were disappointed with the commissioners.   Current County Policy governing collective bargaining was not the issue here, and serves only as a hollow excuse for their action.  We were seeking statutory relief by referendum election.  We find it unfortunate they would not give this to the citizens to decide.  There is no doubt your right to collectively bargain is constitutionally sound.  There is no doubt that your right to collectively bargain is legal.  It is our firm belief, had this measure made the ballot, the citizens would have passed it.  It also would have withstood any test placed on its passage.  Therein lays the real issue.  We believe the commissioners knew that would be the case, and did not want a showdown with the Sheriff.

Whatever the case, the fact of the matter is their decision has been made.  We knew going into this it would be an uphill battle.  We also knew most Lodges that take this challenge on, are not successful their first time out.  Because of the political atmosphere in our county we were optimistic throughout this fight, and felt we had an excellent chance.  Unfortunately because of the political atmosphere in this county we were rejected.  Nevertheless we had considerable support in key areas, and did everything necessary to give us the best chance for success.  The support, counsel and advice from the State FOP were outstanding and professional.  We put forth solid legal arguements, and maintained a professional approach.  There was not much more that could have been done to make this happen.
 

Without a doubt, this was a disappointing set back.  On the surface it would appear to have been a major defeat.  However, in reality we have won far more than we lost.  In just over nine months we have grown into a true labor organization.  We have gained both respectability and recognition as a political force and voice in this county.  We have become educated on the process we need to engage in to be successful, and we are a stronger organization as a result.  We have gained standing and recognition in the community as well as the political process.  This defeat is only a set back in reaching your goal.  It is not the end!  It is the beginning!

Winning is not everything and the real measure of an organization is not how they handle themselves in victory, but how they recover and move forward after a setback.  With the lessons learned we will be embarking on long term plan for success that other FOP Lodges throughout the state have learned when they have been placed in this position.   We know what needs to be done to get where we need to be organizationally in achieving your goals.  We must get involved in the political process if we want success.  That is exactly what we will do.   We must support and work hard to elect persons who are sympathetic with our goals and philosphies.  We will continue to pursue all legal and political means necessary to obtain your goal.  Nevertheless remember this, your goal is legal, righteous, and obtainable.  It will be reached, but the road will be longer than we planned.  There will be obstacles along the way.  There will be highs and lows.  Such is the course that must be travelled to reach our destination.  With unity, dedication and purpose success will be the reward.

Click on this link for audio playback of the entire July 7th Board of County Commissioners' Meeting:  BOCC 07/07/08                       (Large Audio File!!  High-Speed Connection Only!!  Allow 2 to 4 minutes to load!!!)

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