Philadelphia Fraternal Order of Police Lodge #5

Dear Member:

As you know the Arbitration Award was issued on 12-18-2009.If you have any questions, any questions at all about any part of that award; please call ME directly on my FOP office line at 215-629-3626.

As for FURLOUGHS, I do not anticipate them happening throughout the five year period of this contract.

Respectfully yours,



JOHN J. McNESBY, President
Michael G. Lutz Lodge #5 Philadelphia
Fraternal Order of Police

Dear Member:

Just recently we finished testimony on our Act III Interest Arbitration; it is now in the hands of the Arbitrators for the final executive sessions. This is similar to the jury retiring for a verdict. They are scheduled to meet on October, 21st and 30th and again on November, 6th. Hopefully we will have an award within thirty (30) days of the final date.

After the Mayor’s attempt to implode the current pension system and undermine collective bargaining for Police Officers, I felt compelled to enlighten you on the latest assault by the City Administration. On September 22nd, the final day of testimony for your contract, Mayor Nutter testified in front of the panel, and here are some excerpts.

A four year contract, but he cannot afford any increases.

To adjust summer vacations, because that is when crime is the highest, after all he has an obligation to the 1,500,000 citizens of this city.

To take over the administration of your medical benefits.

To have officers work according to crime patterns. (Changing every week).

To virtually do away with the disability system and return to the good old days of sending cops back to work with broken limbs.

And to put new hires of the Department into a defined contribution (401K) pension plan, because he needs to “tackle the bear” and fix this pension problem (he failed in Harrisburg, and is going nowhere in City Council). After all it’s for people not hired yet – why do you care?

No folks, that was for real. Stay tuned, because whatever comes out from the neutral arbitrator brace yourself for whatever plan is next, I believe it would be D or E, and I’m sure that he will be dangling the layoff angle, “doomsday”, the sky is falling routine; as well as an appeal of our contract.

What I want to be clear is that the FOP is not for sale, we are here to work for you, to deliver you a fair contract. Call us with questions, call us with rumors.

Watch each others’ back, because those in City Hall aren’t watching yours.

City's Act III Arbitration Proposal

Lodge #5 Response to City's Collective Bargaining Proposal

For many years, Philadelphia’s Pension Fund has been plundered and mismanaged by a succession of unscrupulous politicians. Our pensioned members and our active officers have repeatedly been victimed by one corrupt scheme after another.

The latest effort occurred very recently when some legislators in Harrisburg attempted to further victimize our present and future members by forcing them to accept drastically reduced pensions in order to pay for decades of political corruption.

By standing together and standing firm, your FOP was able to stop this attempted theft of your pension rights. I am proud to have the opportunity to fight for you and beside you in our united effort to protect our benefits and our families from the onslaught of yet another band of renegade political opportunists.

Together with other union members and some dedicated public legislators, we will continue to fight to ensure that you and your families do not have to constantly watch your backs to avoid assaults from the very government you serve.

You deserve better. The public deserves better. We will continue to fight to see that you receive what you have earned with your sweat and your blood, without fear of layoffs or other municipal threats.

I would like to thank every member of this Lodge and their family members who have been in the battle to defeat HB 1828, on going in the State Legislature.

Whether you made a phone call, sent an e-mail or fax to your pertinent state legislator, or were one of the over 600 people who attended the Tuesday, September 8, 2009 10AM, Harrisburg Capitol Rally to defeat HB1828, I commend you for your diligence and support.

The bill entered the House to raise the Philadelphia sales tax and allow partial deferral of pension payments with an amortized repayment schedule. We’re in favor of that. What this bill has been amended to cannot be supported and we aim to defeat it in its current form.

Your support is essential in this fight and you have been there with us since the beginning to help see it through.

I THANK EACH AND EVERYONE OF YOU!

A Word About Layoffs

There has been much talk about layoffs among the Philadelphia Police Department.

There are valid and complex questions if and when confronted by layoffs. Simply put we don’t feel, as we work towards the end of this House Bill 1828, that layoffs are coming.

Be assured that we are working very hard, by the minute, to work through this issue.

I hope everyone is having a great summer, despite the economy and weather. Here at your FOP we are still in contract arbitrations with the City for this, one of the most important contract presentations with which I have been involved.

We have three more hearing days, all at the Sheraton Hotel at 17th and Race Streets: September 3rd, 10th and 15th. We will start at 9:00AM each day and work till late.

Rumors are running wild about this arbitration process. I will not go into the rumors because I know the facts. The FOP has presented its case to the neutral arbitrator. The City Administration has had their turn. The balance of the dates will be for the FOP’s rebuttal of the City’s testimony. Once that is completed the three arbitrators go into Executive Session and only then the neutral arbitrator makes his award. If anyone tells you they know what we are getting or not getting, unless Ralph Colflesh has revealed his decision to them; they have no clue. The pace has been disappointing but, we are working hard to make sure that no detail is missed and that Arbitrator Colflesh hears all the points involving your wages, working conditions and benefits. We plan to fully rebut the City’s testimony and all the hearings are open to the membership to attend.

Rumors are also running wild about the City budget and its impact on you. We have been there for you and are monitoring the situation with great care. The membership will be notified first of any substantial changes.

Work each and every day out there with the primary thought in your mind of you and your brothers and sisters safety. The FOP is working for you, working to protect you, as you protect the Citizen’s of Philadelphia.

The FOP National Conference is being held from Monday, August 17 to Thursday, August 20th. Lodge 5 is open during this time and full time representatives are at Lodge 5 to resolve and handle any manner of issue. I will be in constant communication with them and also representatives in Harrisburg.

Thank you for your support.

We have just buried another Commonwealth Police Officer, Pennsylvania State Trooper Joshua Miller, who was killed by violence on June 7, 2009. Our family, the extended Police family, feels the pain of these tragedies each time there is a death in our ranks. Philadelphia has felt the sadness much too often and we appreciate the support of our surrounding communities just as we support officers of our region who were taken from us. Chris Jones from Bucks County and Trooper Miller from the Swiftwater Barracks will not be forgotten.

I would like to thank everyone who attended, on short notice, the benefit for the family of PASP Trooper Joshua Miller on Thursday night at the Lodge.

We are still in the midst of our 2009 Contract Arbitration hearings and as noted on this site two of the hearings were postponed due to the death of Trooper Miller. We will continue on Monday, June 15, 2009 at 9AM at the Sheraton Hotel as the City presents it proposals.

At the FOP we are here for you. We attend the numerous and various events for our fallen officers or to benefit the FOP Survivor’s Fund; please make an effort to come and support them also. I know the summer vacation season is upon us and I hope that you enjoy the good weather with your families and friends.

The FOP presentation of the 2009 Contract Arbitration concluded on Wednesday, June 3, 2009. We “put on” our case in five (5) days as we anticipated and promised. The case went in very well and the neutral arbitrator, Mr. Ralph Colflesh, was very attentive to our issues and by the questions he asked clearly understands the subject matter and importance of our proposals.

We are now left with the presentation by the City, both sides closing statements and the executive sessions, before Arbitrator Colflesh issues his award.

I would like to thank all of you who attended, all of you who testified and all of you who have supported us during this, the most important of all our activities here at the FOP, matched only by the honors we give to our fallen heroes.

As far as those heroes are concerned on the first day and last day of our presentation we were in their presence; I would like to thank them here, as I thanked them at the conclusion of their testimony. Our officer’s who received or are receiving regulation 32’s told their stories. Although the City representatives were clearly cold, the testimony moved everyone who heard it.

I thank you from the membership of Lodge 5 for stepping up for your brothers and sisters who are in the same situation.

We will reconvene on Tuesday, June 9, 2009 at 2PM, again at the Sheraton for the City’s proposals. You can read them because they are linked on the home page center of www.fop5.org

We would also like everyone to check the right side of the home page for the events section and the many events that are being held. Please plan to attend and support our fallen officers’ families and the FOP Survivor’s Fund.

As I send this message to you we are approaching the month of May and all it means to Police, in the city, region, state and country.

We have some important milestones along that way. May 3rd will be one year since the passing of Steve Liczbinski. All who knew him respected him, appreciated his good nature and ability as a police officer. His death at the hands of armed men was tragic; he would have celebrated his birthday in the few days and he was never able to see the beautiful grandchild that was born shortly after his death. At 2PM on May 3rd, at the location of his death, Almond and Schiller there will be a memorial service for Steve.

Monday, May 4th will see Police from Philadelphia and all over this Commonwealth heading to Harrisburg for the 12 Noon, PA State FOP Memorial Service at the Capitol. The State Capital hosts this event annually and this year we will honor four Philadelphia Police Officers. Charter buses will carry the Philadelphia contingent to Harrisburg, contact Lodge 5 for details.

Wednesday, May 6th at 10:00AM, the Hero Plaque for Chuck Cassidy will be dedicated at Cardinal Dougherty High School, 6301 North 2nd Street.

We will then travel to the 12 Noon Philadelphia Police and Fire Memorial Service, the “Living Flame” at Franklin Square. Please come and join the gathered survivors for this annual tribute.

Friday, May 15th is the National Law Enforcement Memorial Service held by the FOP Grand Lodge in Washington DC. We again will be obtaining buses so that our members, the brothers and sisters of our fallen heroes can pay their respects. We also have a group of members who will be in Washington for a few days before the ceremony escorting the survivor families.

The next day, Saturday, May 16th is the 13th Annual Survivor’s Benefit, again this year at Finnigan’s Wake, from 3-7PM, held outside and inside. Interest is great and this promises to be one of the largest Survivor’s Benefits we have held. We have room for everyone and please come and have a great time like in years past. Tickets are available at Lodge 5.

I encourage you to visit fop5.org for a list of upcoming events and news for active and retired officers. We are doing our best to keep it updated daily, sometimes more than that.

Also we are on Facebook as the group call “Philadelphia Lodge #5 (Police) in acknowledgement of the popularity of social media in today’s culture.

You may have received a courtesy call from Lodge 5 asking if you if you have any questions or concerns. Please feel free to ask any questions or request any Lodge services when you are contacted.

As I have said before in messages to you we have serious business ahead of us with our contract. We are prepared for the arbitration process and will post the dates, times and locations of the hearings through our website, Facebook and messages sent to districts and units when they are determined. Neutral Arbitrator Ralph Colflesh, has indicated he will work late and hard to get this done and we appreciate it.

If you have any comments or questions, please call Lodge 5 at 215-629-3600.

I have just returned from Pittsburgh, with members of the Executive Board, after attending the funerals of the three Pittsburgh officers assassinated on Saturday, April 4, 2009.

Fort Pitt Lodge #1 has been there for the Philadelphia Police and Lodge #5 many times in the recent past. We hope our show of support for them and their membership in some small way helped.

The sadness of the funeral services cannot be described. The sadness of the Pittsburgh Police in general is pervasive and their professionalism and fraternalism keeps the sadness from weakening their mission of protecting the citizens of Pittsburgh.

Recent news reports concerning the cold blooded killer and his statements are sickening.

As we return to Philadelphia and approach the month of May and its “Police Week” activities we must be mindful of the events of the recent past and be watchful and vigilant for our brothers and sisters on the street.

We must never forget our survivors, not only as we traditionally think of them as the family members of our fallen heroes, but also as the collective members of the groups, squads, districts and units of the those heroes. The police family has suffered and feels the losses too. This is what the Pittsburgh and Oakland Police Departments are going through with the mass deaths of their officers and what we have gone through with the eight deaths individually since 2006.

We have received good news in the courts; The United States Supreme Court has denied the petition by Danny Faulkner’s killer for the Court to review the case for a new trial. This effectively ends any possibility of a new trial for him. On Thursday, April 9, 2009, in Common Pleas Court William Barnes’ petition for bail was denied in the case of P/O Walter Barclay and he will continue in prison with a trial date of February 1, 2010. Previously, the issues raised by the defense in the Post Conviction Relief Act hearing regarding the killing of Police Officer Lauretha Vaird will be denied.

You may have gotten a courtesy call from Lodge 5 asking if you if you have any questions or concerns. Please feel free to ask any questions or request any Lodge services when you are contacted.

We have serious business ahead of us with our contract. We are prepared for the arbitration process and will post the date, time and locations of the hearings through our website, Facebook and messages sent to districts and units when they are determined.

As for “Police Week” on Wednesday, May 6, 2009 we will honor the four (4) fallen officers from 2008 at the Living Flame Memorial at Franklin Square at 12 Noon. At 10:00AM on that day we will dedicate the Hero Plaque for “Chuck” Cassidy at Cardinal Dougherty High.

The kickoff of the May events will be the State FOP Memorial Service on the steps of the State Capital, Monday, May 4, 2009 at 12 Noon. This service, done with so respect each year, will be especially poignant this year with the recent deaths of John Pawlowski and the Pittsburgh Officers. All these events are open to the public and for the Harrisburg Memorial Lodge 5 will again be running buses.

At the Washington D.C. National Memorial Service, May 15, 2009 there will be a large Lodge 5 and Philadelphia Police presence. We will also be chartering buses to Washington.

The day following the National Memorial, Saturday, May 16, 2009, we will have the 13th Annual Survivor’s Fund benefit, held again this year at Finnigan’s Wake from 3-7:00PM. Whether this will be your first year attending or your 13th year you will have a good time for a good cause.

If you have any comments or questions, please call Lodge 5 at 215-629-3600.

Please join me in welcoming the 97 members of Class 354 to the ranks of the Philadelphia Police, as they take their patrol assignments. As FOP President, one of the great things about this job is to attend each graduation and see the future of the Philadelphia Police, along with their families.

It is with great sadness that I would like to ask everyone who reads this message to reflect in their own way on the deaths of all our heroes, especially the three Oakland Police officers who were killed and the fourth who is not expected to survive, this weekend. Those officers now join Pawlowski, Simpson, McDonald, Nazario, Liczbinski, Cassidy, Barclay, Skerski, Cousin, Vaird; along with so many of our brothers and sisters who have died, and are now on eternal patrol, never to report off, but also never to be forgotten in our hearts and minds.

In a matter of the utmost importance I would ask that everyone please read the letter to the left of this message on Lodge 5’s home page, concerning the two (2) bills introduced by Councilwoman Marian Tasco; which if passed would adversely change the DROP.

Lodge 5 has recently joined the social media website ”Facebook.” Many of our members have been on the site already and I am gratified that so many people, members and civilians alike, have signed up for Lodge 5’s group in the short time it has been in existence. Our group is “Philadelphia Fraternal Order of Police Lodge #5.” Please check Lodge 5 website and Facebook for Lodge 5 event and news.

Please note the dates and times for the most recent upcoming preliminary hearings in 306CJC for the murderers of our officers.

I would like to remind everyone that Saturday, May 16th 2009, is the 13th Annual FOP Survivor’s Benefit at Finnigan’s Wake from 3-7PM. Every year with your support the event has grown, so please come and see old friends and make new ones. The benefit this year is one of the most important we have had. Tickets are available at the FOP.

Finally, a couple thoughts, we will start the 2009 Hero Plaque dedications on Wednesday, April 1st. at 11:00AM, outside the St. Peter the Apostle Church, located on 5th Street, south of Girard Avenue for P/O Vincent Foley who was killed there in the line of duty on March 20, 1949.  The sponsors of the plaque are the members of Police Academy Class 353. On Thursday, March 26th, we will hold an FOP Awards Committee ceremony at the Hall honoring our fallen heroes and the officers who either made the arrests of the doers, or prevented them from killing again.

Thank you again for your support.

I met with Mayor Nutter and discussed issues over the new budget agenda. Mayor Nutter informed me of the proposed changes for the Police Department.

1. No layoffs

2. Police recruit classes scheduled for November and January will go on as scheduled

3. Monitor all overtime more closely

4. Redeploying administrative staff to increase patrol

5. Redeploy 92nd district personnel

6. Look to extend the drop program for certain ranks

We will keep all members informed as we receive new information.