To purchase Lodge #7 Hats, T Shirts or Challenge coins contact a Board member. T Shirts $10 Hats $15 Coins $10
Pueblo Deputies' Fraternal Order of Police Lodge 7 
State FOP Drafting "Peace Officer Bill of Rights" The adoption of legislation creating a "Peace Officer’s Bill of Rights" has been a priority of the Colorado State Lodge. To this end, the Colorado FOP is drafting and will introduce into the next session of Colorado State Legislature the “ Law enforcement officers have, arguably, one of the toughest jobs in the nation. They alone are charged with keeping the streets and neighborhoods of this country safe from crime. Every day, police officers put their lives on the line—life and death decisions are in the job description. Because of the enormous responsibility that comes with a badge, law enforcement officers are held to a much higher standard of personal and professional conduct—as well they should be. This higher standard and increased visibility renders police officers vulnerable to false accusations from the criminal element and others in society whose sole motivation in making these allegations is to disrupt law enforcement activities. · Law enforcement officers, except when on duty or acting in an official capacity, have the right to engage in political activity or run for elective office; · Law enforcement officers shall, if disciplinary action is expected, be notified of the investigation, the nature of the alleged violation, and be notified of the outcome of the investigation and the recommendations made to superiors by the investigators; · Questioning of a law enforcement officer should be conducted for a reasonable length of time and preferably while the officer is on duty unless exigent circumstances apply; · Questioning of the law enforcement officer should take place at the offices of those conducting the investigation or at the place where the officer reports to work, unless the officer consents to another location; · Law enforcement officers will be questioned by a single investigator, and he or she shall be informed of the name, rank and command of the officer conducting the investigation; · Law enforcement officers under investigation are entitled to have counsel or any other individual of their choice present at the interrogation; · Law enforcement officers cannot be threatened, harassed or promised rewards to induce the answering of any question; · Law enforcement officers are entitled to a hearing, with notification in advance of the date, access to transcripts and other relevant documents and evidence generated by the hearing and to representation by counsel or another non-attorney representative at the hearing; · Law enforcement officers shall have the opportunity to comment in writing on any adverse materials placed in his or her personnel file; and · Law enforcement officers cannot be subject to retaliation for the exercise of these or any other rights under Federal, State or local law. The legislation will also establish an effective means for the receipt, review and investigation of public complaints against law enforcement officers that is fair and equitable to all parties. National FOP Denounces Sheriff Kirk Taylor As a result of this National Resolution the Fraternal Order of Police is officially committed and unified in its support of Pueblo County Lodge 7 and its President. In addition to this resolution thousands of dollars were donated to Tommie McLallen’s support with pledges of even more to come. The money flowing into that support fund will help this brother make it through this ordeal. Never let it be said that we don’t take care of our own. That is the case here and will always be the case when foolishness such as that promoted by the likes of Kirk Taylor presents itself. Offers of support and assistance from "Whereas the membership of FOP Lodge #7, Pueblo County Colorado has been in a continuous struggle to gain the right to Collective Bargaining; and Whereas the Sheriff and certain members of his staff in a blatant act of retaliation designed with the intent to eradicate the lodge, it’s elected leadership, and deny the membership a representative voice in their working conditions by firing without cause Lodge 7 President Sgt Tommie McLallen. Now therefore be it resolved that the delegates here assembled at this the 59th National Biennial Conference of the Fraternal Order of Police stands in solidarity with Brother McLallen and the membership of the Pueblo FOP Lodge #7 in this fight and condemns the contemptuous acts of Pueblo County Sheriff Kirk Taylor which were designed to silence all efforts of the Lodge #7 membership to gain bargaining rights and to that end willfully and maliciously violate the constitutional rights of Sgt Tommie McLallen." National FOP Bargaining Bill Introduced Into Senate Chuck "This is not an assertion we make lightly, but we laid the groundwork for success last Congress," said The bill, introduced by Senators Judd Gregg (R-NH) and Edward M. Kennedy (D-MA), would recognize the right of public safety employees to form and join unions, and bargain collectively with their employers. Last Congress identical legislation passed the House in July 2007 on an overwhelming 314-97 vote. Additionally, the legislation won a strong majority in the Senate during a procedural motion, though efforts to move the bill were ultimately stalled by parliamentary tactics. The bill was introduced in the House earlier this year as H.R. 413 and currently has 133 cosponsors. "Public safety employees—police officers and firefighters—are virtually the only class of workers left in the nation today who are denied the fundamental right to bargain collectively with their employers over wages, hours, and working conditions. We're going to change that soon," National FOP 2nd Vice-President Gale's Message The following article was published to the Nationwide FOP membership in this month's national newsletter. Frank Gale is recognized nationally for his expertise on labor issues. Frank is both the President of the Colorado State Lodge Fraternal Order of Police and sits on the National Executive Board as its 2nd Vice-President. We are proud to have him as a resource, a leader and a friend. Some time ago I wrote about an unfair labor practice grievance arbitration hearing that I was asked to testify in on behalf of Lodge #40 in Wyandotte County Kansas. During the time that I was involved in this proceeding I remember being amazed at the sheer number of violations that the Sheriff had committed against the Deputies in this agency. I am happy to report that Public Employee Relations Board Hearing Officer has issued a ruling that sustains the Unfair Labor Practice charges made by the leadership of Lodge #40. The specific finding of the Hearing Officer was that the Sheriff was guilty of pervasive anti-union animus and that he had discharged the President and Immediate Past President of the lodge in retaliation for their FOP activity. The Hearing Officer further found that the Sheriff had violated the law by refusing to bargain with the FOP leadership that he had fired, and that the Weingarten rights of a Deputy had been violated when an FOP representative was not allowed to speak on her behalf during an Internal Affairs investigation. I am happy to report that Public Employee Relations Board Hearing Officer has issued a ruling that sustains the Unfair Labor Practice charges made by the leadership of Lodge #40. The specific finding of the Hearing Officer was that the Sheriff was guilty of pervasive anti-union animus and that he had discharged the President and Immediate Past President of the lodge in retaliation for their FOP activity. The Hearing Officer further found that the Sheriff had violated the law by refusing to bargain with the FOP leadership that he had fired, and that the Weingarten rights of a Deputy had been violated when an FOP representative was not allowed to speak on her behalf during an Internal Affairs investigation. The actions of the lodge leadership in this matter are an example to others in how to persevere in the extreme adversity that all too often becomes common place for lodge leaders in the FOP. The people who step up to become the local executive board of a lodge often do so to the peril of their own careers. It was the commitment and courage against an agency management that was bound and determined to violate the rights of the Deputies in this department that was the main reason Lodge #40 ultimately prevailed. The Colorado FOP continues to grow. With expansion of much needed member services which addresses and provides in demand labor services to members across the state; we have seen unprecedented growth in areas of the state where we have not had a presence in years. In addition most lodges have seen internal member numbers growing. The defense of workplace issues and what has happened in On Tuesday August 4th and Thursday August 5th the State Lodge will be attending meetings in Dillon at the Dillon Amphitheatre to discuss the benefits of FOP membership and the establishment of the new lodge. Law enforcement officers from the Sheriff’s office and any police departments in The State Lodge has provided the organizers with FOP information and a model constitution. This lodge like others before it will be a full service lodge offering both legal defense coverage and labor services. If all goes well we expect to have this lodge chartered and installed sometime in October. In the meantime any new members’ applications will be accepted and considered in good standing upon receipt. I am also in the process of re-establishing Southeast Colorado Lodge 30 ( LaJunta Lodge 50 has asked for help recruiting and expanding. There will be a series of meetings in that area in early September. More information will be sent when it becomes available. National President Chuck Canterbury is featured in this USA Today's opinion page: There is a mistaken perception that the ugliness of racism is an intrinsic part of the culture of law enforcement--a perception we must correct. Racial profiling is not a legitimate law enforcement tool, and there is no evidence that prejudice is a systemic problem in Policing is one of the most closely supervised professions in the Racial profiling cannot exist unless police executives allow it--unless a whole department tolerates it--and that just does not happen today. Unfortunately, because of past injustices, minority group members sometimes assume that any routine stop of a minority is racial profiling, an assumption that a white driver in the same circumstances is unlikely to make. A decade ago, Congress wisely rejected legislation that would have required officers to record the race of anyone they stopped. Having fought for generations trying to create a color-blind society, should we now embrace the illogical conclusion that the only way toward a color-blind society is to record everyone's color any time we interact? I do not know how we as a nation solve the problems of racism, but I do know what will and will not work in the profession of law enforcement. We must begin by challenging and refuting the idea that racism is tolerated in our nation's police forces. Support Fund Established for McLallen The following message has gone out to Labor Leaders across Brothers & Sisters of Many of you are aware of the struggle our brothers are encountering in Intent to sue has been filed on McLallen’s behalf. His legal expenses are covered. This will be a Federal case and it will be won. This is undeniably a solid case. Unfortunately this action will take months if not longer to resolve. This courageous FOP leader still has a house payment to make, health insurance needs to maintain, and a family to feed. None of us would ever want to find ourselves in this position. Some of us in our years of involvement in the labor movement have had this done to us. But all of us know as elected leaders of a representative organization many can say, “There but for the grace of God go I”; and that the risk comes with the position when organizing. Tommie will get back on his feet. Of that there is no doubt. He has friends in law enforcement that understand this issue and he will be employed sooner than later at another agency. But that will be at a lesser wage than the position he was unjustly removed from. In the meantime a support fund has been established to help him make ends meet. It is being managed properly by its Trustees to ensure funds will be distributed on “as needed” basis to make up the difference in income. There will be no windfall from this fund. Donations are coming in from FOP members in both We are asking all who receive this email and the attached letter and flyer to forward it on to others. We are asking local and state labor leaders to make this an agenda item of business and for organizational donations. We are asking individual union members to reach in their pockets and give. We are asking for other police labor organizations to donate and for organized labor to do the same. No donation is too small, and each donation is greatly appreciated. This is not about Tommie McLallen it is about you, labor’s struggle, and what is right. In the FOP we take care of our own, and we support those that support us. You can download a flyer for distribution by clicking here: McLallen Support Flyer Tommie McLallen Benefit Fund Pueblo, Co 81002 Executive Director State Labor Services 303-591-3842 Notice of Intent to Sue Filed - Pueblo FOP President’s Termination “Today Colorado Fraternal Order of Police General Counsel Dave Osborne of the law firm of Elkus & Sisson, P.C. filed notification with Pueblo County of intent to sue pursuant to Colorado Governmental Immunity Act, Colorado Revised Statutes section 24-10-109. The notification was filed on behalf of Sergeant Thomas McLallen who was recently terminated by The factual basis for claim is that Sergeant McLallen’s termination was a retaliatory act intended to eradicate the Fraternal Order of Police as the representative organization so chosen by the employees of the Pueblo County Sheriff’s Office. Sergeant McLallen was the duly elected President of Pueblo County Fraternal Order of Police Lodge #7, who acting in his official capacity promoted the will of the membership of Lodge #7 by advocating through lawful and legal means their desire to gain them the right to collective bargaining. This effort by Sergeant McLallen resulted in the Sheriff terminating him in a retaliatory action that was designed to silence all efforts by the Pueblo County Fraternal Order of Police Lodge #7’s membership to gain that right. The termination of Sergeant McLallen was intended to create a chilling effect on the membership of Lodge #7 and send a clear signal to the members of Pueblo County Fraternal Order of Police Lodge #7 as to what will happen to any member of that Lodge who may advocate a lawful position of Lodge #7 that is in direct opposition of the will of the Sheriff. Sergeant McLallen has suffered and will continue to suffer damages and losses including, but not limited to, back pay, front pay, loss of benefits, and attendant aspects of employment, loss of reputation in his professional and personal community, humiliation, mental anguish, and emotional distress. Sergeant McLallen will seek compensation for his wrongful and unlawful termination and damages for violations of his constitutional rights.” This suit involves both violation of State law and the US Constitution, which as a result will place this action (1983) into Federal court. The amount of damages and other aspects of this action were filed under the Colorado Governmental Immunity Act (CGIA). The County has up to 90 days to respond to this notification. This is an initial requirement amongst many that eventually will see this into Federal court. The There is an old saying that those who live in glass houses should not throw stones. Well the Sheriff lives in a house of glass. We don’t. And we have plenty of rocks to throw back when the time is right. The This is in all likelihood the first time a Sheriff in this county has been sued by his employees. They did not want this. Apparently the Sheriff did. And if he did not, then one has to question his judgment and its potential impact on the tax dollars of those who put him in office. What is unfortunate is the fact that the citizens of Pueblo County have been exposed to this action by an elected official and those who knowingly participated in this retaliatory act against Pueblo Lodge 7 and its President. The This action will take months or longer to prosecute to conclusion. We understand that. The fanfare and emotions surrounding this event will fade but not be forgotten. What the Sheriff and those who participated in this act did will not be forgotten by the membership, and will remain with every member of this Lodge as testimony of why we need change. In the meantime the Lodge will return to local business at hand. The goals of the membership and the purpose of the Lodge are bigger than the circumstances of current events. Normalcy will return and the suit will linger until it has its day in court.
The legal protections afforded all citizens, including suspects and convicted criminals, from illegal and improper police procedures are provided by the U.S. Constitution as well as State statutes. Moreover, most law enforcement agencies also implement a wide array of departmental procedures that govern the conduct of their officers during traditional police activities. Unfortunately, rank-and-file police officers are sometimes subjected to abusive and improper procedures and conduct on the part of the very departments or agencies they serve. In some instances, the basic rights that most citizens or employees would take for granted are either denied or simply unavailable to police officers. In a startling number of jurisdictions throughout this country, law enforcement officers have no procedural or administrative protections whatsoever; in fact, they can be, and frequently are, summarily dismissed from their jobs without explanation. Officers who lose their careers due to administrative or political expediency almost always find it impossible to find new employment in public safety. An officer's reputation, once tarnished by accusation, is almost impossible to restore.
The need for a minimal level of procedural protections for police officers accused of administrative wrongdoing, the gravity of the potential harm to officers created by the lack of uniform safeguards, and the patently unfair disparity in rights afforded criminal suspects but not police officers are compelling reasons to enact this legislation. We need legislation to create a uniform minimal level of procedural due process for police officers and codify the core holdings of the U.S. Supreme Court in two landmark decisions: Garrity v.
Since the Court's pronouncements in Garrity and Gardner, the rights of police officers have been anything but secure. For one thing, the lower Federal courts have frequently misunderstood and misapplied the holdings of these two seminal decisions, creating a situation in which the rulings are consistently upheld while yielding inconsistent results. While jurisdictions that have collective bargaining agreements in place generally have due process procedures that ensure levels of fairness and review seldom seen in jurisdictions without bargaining; they are not uniform or consistent in protection of officers from abuse. The State FOP is developing legislation which would guarantee law enforcement officers the following basic rights:
The bill will not protect the jobs of "bad cops" or officers unfit for duty. Nor will it apply to allegations of minor violations of internal departmental rules or regulations or employment-related performance of officers, thus preserving the discretion of the individual agency in disciplining its employees. This measure does not afford police officers any greater rights than those possessed by other citizens; it simply reaffirms the existence of those rights in the unique context of the law enforcement community.
On Wednesday, August 19, 2009, over 3,000 FOP voting delegates representing 330,000 law enforcement officers across the nation gathered at the 59th Biennial National Conference of the Fraternal Order of Police in Long Beach California unanimously adopted a resolution (see below) condemning Pueblo County Sheriff Kirk Taylor’s contemptuous and outrageous treatment of the Pueblo County Lodge 7 membership and its President Tommie McLallen. When the resolution was voted the roar of approval was deafening. On the convention floor delegates expressed their disgust and anger with what has happened to Lodge President Tommie McLallen.
Whereas Pueblo County Sheriff Kirk Taylor has refused to recognize the Fraternal Order of Police as the duly elected representative organization of the employees of the Sheriff’s office; and
I was asked to testify in this hearing in relation to my experiences as a Law Enforcement manager and as a person who interacts with many law enforcement agencies around the country by virtue of being a National Board member of the FOP. Once I became familiar with the specifics of the case it was clear to me that this is one of the worst (if not the very worst) cases of an unfair labor practice and retaliation that I had ever seen. The leaders and the members of Lodge #40 were clearly under attack and the provisions of their contract were being blatantly violated.
This lodge and Lodge #4 in
As we rejoice in the success story of this lodge and celebrate the successful resolution of their struggle, another lodge begins a similar fight against a Sheriff who has fired their lodge President. Tommy McLallen, the President of Pueblo County Lodge #7 in
President McLallen has been publicly vocal in his attempt to gain recognition for the FOP under the
During my interaction with the leaders of this lodge I explained that they should not demure in their efforts to improve the quality of life for their members, but that they should expect to fall into disfavor with the agency management. To the credit of the Lodge #7 Executive Board, they have remained steadfast in the advocacy of their members. Even in the face of growing opposition from the agency management.
The firing of the lodge President is just the latest of several actions that illustrate animosity from management toward the lodge leadership. The State and local FOP in
This situation in
I feel that another reaction to the passage of H.R. 413 is that we could see an increase in the types of actions that have taken place in
We must all support each other in whatever way possible as some of our brothers and sisters engage in struggles to establish and preserve their rights. By doing this we will show our adversaries that our unified strength is more than they can overcome and that when they wage war on one us, they are engaging all of us. The one thing that I am certain of is that our unified strength and commitment to purpose can never be defeated. So let us all remain dedicated to this ideal as we strive to achieve the success of our common goals.
Colorado FOP Seeing Un-Precedented Growth!!!!
The actions of the Pueblo County Sheriff has been a rallying cry for officer rights and due process which has been recognized not only in Colorado, but across the nation as a horrendous example of the kind of callous and brutal law enforcement adminstration that destroys a proud agency and erodes service delivery to a community in need. The Pueblo situation has captured the attention of members of the FOP from coast to coast. Taylor should take pride in being not only a recruitment tool for the FOP; but a symbol of the kind of poor leadership in an office that as a result demands much needed change. This situation is being watched closely and examined by key representatives in the Colorado Legislature, who have made several inquiries into the history of this travesty.
President Canterbury Defends Law Enforcement
Racism is wrong, and our society suffers whenever we fail to confront racial prejudice in our personal and professional lives. It is wrong to think a man a criminal because of the color of his skin, and it is wrong to think a man a racist because of the color of his uniform. The arrest of Henry Louis Gates Jr. and the ensuing events are examples of the latter. Assumptions were made that the facts did not bear out, and it turned into every police officer's nightmare.
Donations should be made and mailed to:
Thank You,
Mike Violette
On Friday, July 17, 2009 the FOP sent the County notification of intent to sue for the Sheriff’s retaliatory act against Lodge 7 President Tommie McLallen. It again brought media coverage in which both sides made statements. But this action is not about creating a media event. Coverage of events such as this is normal, to be expected, and in a small way addresses the public’s need to know. While some may take satisfaction and belief that what they read of themselves and their position is somehow important, but it is not. We know that what is printed or broadcast is forgotten by the public not long after it is read or heard. While it is important to expose acts of elected officials that risk tax payer dollars, these battles are not won or lost in news coverage. They are won or lost in a court of law. That is where the truth is determined. In any event the following media release went out yesterday:
Copyright . Pueblo Sheriff FOP Lodge 7
All rights reserved.
