Bexar County Chronicle

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Deputy Sheriff s Association of Bexar County Bexar County Chronicle First Quarter, 2016 Merry Christmas and a Happy New Year What is the Evergreen Clause?

1 Deputy Sheriff s Association of Bexar County Bexar County Chronicle First Quarter, 2016 Merry Christmas and a Happy New Year What is the Evergreen Clause? What did District Court Judge Martha Tanner say about the San Antonio Police Officer s Association (SAPOA) Evergreen clause? Judge Tanner ruled for SAPOA in the City of San Antonio s lawsuit. The City filed a lawsuit claiming that the Evergreen clause in SAPOA s collective bargaining agreement was unconstitutional and violated public policy. The Evergreen clause is a contract provision that continues the current contract in effect for an additional period of time if the parties have not reached agreement on a new contract at the end of the current contract s original term. Evergreens are often used for collective bargaining agreements. SAPOA currently has a 10- year Evergreen clause. While they were negotiating their contract and came to tentative agreement on salaries, health care, and other operational issues and benefits, the talks broke down on the scope and length of their evergreen clause. Why do the City Manager and Mayor claim that the Evergreen Clause is Unconstitutional? Their take is that, due to budgetary reasons, the cost to the City of salaries and benefits, including health care, can t be calculated accurately during the Evergreen period, and that the nowexpired contracts constitute a debt under the Texas Constitution by obligating future city councils to pay expenses for up to 10-years after the contracts have expired (ksat.com). The SAPOA claims the City has wasted over $2 million in legal fees that will be paid by city taxpayers. SAPOA argued, successfully, that officer salary and benefits constitute a City s ordinary expenses and thus do not constitute a debt as that term is used in the Texas Constitution. Judge Tanner granted SAPOA s motion for summary judgment, and also ordered the city to pay SAPOA s attorney fees. The City has said it will appeal the district court decision. If SAPOA remains successful, it will be a benefit for all unions that have an Evergreen clause in their contracts. In most cases the Evergreen clause helps the union to avoid having to agree to unfair contract terms. Does this ruling have an impact on DSABC's current agreement? The short answer is, YES. Our collective bargaining agreement (CBA) has a two-year Evergreen clause that provides: "This Agreement shall be effective as of the date of signing and shall remain in effect until September 30, 2015, or until superseded by a new One badge. One voice. Agreement but no later than an additional two (2) years." This means the terms of our agreement, even though its initial term expired on September 30, 2015, remain in effect until September 30, 2017, unless current bargaining produces a new CBA sooner. If Judge Tanner's ruling is overturned by the San Antonio Court of Appeals or the Texas Supreme Court, this calls into question whether our CBA remains in effect after September 30, You may also ask, what happens if we do not have a new CBA in place before September 30, 2017? If that were to occur, current benefits and job protections protected by our contract could be at risk. Our bargaining team is working hard to avoid this scenario. Both we and the County are obligated to bargain in good faith, and we will continue to do so until a new CBA is reached. SAPOA's attorney for the Evergreen lawsuit, Craig Deats, is DSABC's lead negotiator in the current collective bargaining negotiations. For Collective Bargaining updates and information visit the homepage at

NO-BILL Decision Clears our Deputies from any Wrong Doing The people have spoken based on the facts presented to them.

The incident occurred on August 28, 2015 when the officers responded to a family violence situation and the actions of the suspect, Gilbert Flores led to his death.

A few weeks later, Caliber Press Instructor, John Bostain was in town giving a presentation on Anatomy of Force.

He gave props to DSABC for releasing a press release to all the local media outlets. This quickly killed the buzz on the national level that only lasted about a day or two.

There are many facts in this case that the public are not aware of.

2 NO-BILL Decision Clears our Deputies from any Wrong Doing The people have spoken based on the facts presented to them. On December 09, 2010 Deputies Greg Vasquez and Robert Sanchez were no billed by a Grand Jury. DSABC has stood by the side of Deputies Vasquez and Sanchez from the day of the incident. The incident occurred on August 28, 2015 when the officers responded to a family violence situation and the actions of the suspect, Gilbert Flores led to his death. The local media ran with the story based on a video taken by a civilian bystander. A few weeks later, Caliber Press Instructor, John Bostain was in town giving a presentation on Anatomy of Force. He acknowledged that the national news media outlets made an attempt to exasperate the story in an attempt to discredit the officers actions. He gave props to DSABC for releasing a press release to all the local media outlets. This quickly killed the buzz on the national level that only lasted about a day or two. I support and stand by my members 100%. I ask that no member in our society rush to judge the incident based on the short video clip shown by the media. There are many facts in this case that the public are not aware of. I believe that when the investigation is complete, the members that I represent will be cleared from any wrong doing DSABC President, Juan Contreras 2 Retirees Sergeant Yvonne Vann 23 individuals participated in this years Annual Golfing Tournament. Proceeds will go to the children of St. PJ s Children s Home for this years holiday shopping. To vote in Texas, you must be registered. Simply pick up a voter registration application, fill it out, and mail it at least 30 days before the election date. Primaries in Texas will be on Tuesday, March 1, 2016 and the 2016 Election is on Tuesday, November 8, Remember all votes do count, otherwise how else would someone be elected and in office.

How can you help DSABC help you? Visit the DSABC website regularly for event updates, as well as content updates. The website is frequently being updated with useful information for its members.

3 How can you help DSABC help you? Visit the DSABC website regularly for event updates, as well as content updates. The website is frequently being updated with useful information for its members. Attend the DSABC monthly meetings. Until further notice, all monthly meetings are held on the last Wednesday of each month at the DSABC office. Dates are subject to change and will be posted on the website. Update your , telephone, and mailing addresses, with DSABC and CLEAT to receive the latest information, updates, and alerts. Notify the DSABC Office when you receive disciplinary, are involved in a change of working conditions incident, or are treated unfairly so that we can swiftly find a solution. Just because CLEAT may have been notified does not mean that the DSABC office is aware. Hear a rumor? Ask for clarity or the truth before you jump to conclusions or continue spreading the rumor. Volunteer to be a steward and attend the General Assembly meetings so that you can in turn disseminate the information to your assigned section. DSABC 2015, In Reflection HB 4042 was a house bill proposed to separate the collective bargaining negotiations between detention officers and Law Enforcement Officers within a Sheriff's Office. Thanks to CLEAT and DSABC representatives, the bill was thrown out. Had this bill passed it would have further divided two tiers and weakened any sheriff s office association. At least eight officers have been reinstated and have returned to duty after reinstatement by an arbitrator or an agreement settled between both parties. Deputies Richard Hammock and Michael Donato were presented a Medal of Valor at the 2015 CLEAT Convention. DSABC President, Juan Contreras was elected as one of three Vice Presidents for the CLEAT Executive Board. Bexar County is the first local sheriff s office to hold a vice president position. The grievance on the sheriff hiring from the outside was not a total win but the arbitrators decision was that the VAST majority of LE hires will come from detention. 3 Know Your Benefits: These additional benefits are for members only Safe Ride Home Program: A voucher for Yellow Cab Taxi service so that you can get home safely. A free one way trip to prevent you from getting behind the wheel intoxicated. New-Born Infant Program: Have a new born child? Submit birth facts by or fax and receive $ Accidental death benefit: $4, to your family and loved ones from American Income Life and an additional $15,000 from CLEAT. American Income Life Plan: Additional Health Services Discount Card for discounted pharmacy, Vision, hearing and chiropractic care. Free Advertisement: Advertise your business or place a classified in this newsletter at no charge. Discounted Prepaid Funeral Plans: Planning ahead so that your family doesn't have to. See dsabc.org for more details.

In memory of and dedicated to all of our fallen brothers and sisters in the state of Texas 4 Deputy William Rabern Bexar County Sheriff s Office EOW: Saturday, October 10, 2015 Cause of Death: Heart

Officer Tronoski Jones Harris County Sheriff s Office EOW: Thursday, August 20, 2015 Cause of Death: Heart Attack March 20, 1970 - October 10, 2015 Know your Sick Call Policy There has been a recent

4 In memory of and dedicated to all of our fallen brothers and sisters in the state of Texas 4 Deputy William Rabern Bexar County Sheriff s Office EOW: Saturday, October 10, 2015 Cause of Death: Heart Complications Flag designed by Kelli Vance, Digital Arts Deputy Constable Jeffrey Radford Bell County Constable s Office EOW: Wednesday, October 28, 2015 Cause of Death: Automobile Accident Detention Officer Tronoski Jones Harris County Sheriff s Office EOW: Thursday, August 20, 2015 Cause of Death: Heart Attack March 20, October 10, 2015 Know your Sick Call Policy There has been a recent concern about the new Sheriff s Policy on Sick call after SOP: Submission of Physician Certificate and (or) Form was sent to all uniformed staff. A Physician's Certificate is not necessary if the person calls in only one or two days in a row. However be aware that failure to do so will result in an "undocumented absence" placed in their attendance record. There is one section in Article 15 that seems ambiguous and that is Section 3. It is the perception of some that this section states that any time that a member misses, Sergeant William Keesee Texas Department of Public Safety EOW: Thursday, October 29, 2015 Cause of Death: Automobile Accident Deputy Sheriff Darrren H. Goforth Harris County Sheriff s Officer EOW: Friday, August 28, 2015 Cause of Death: Gunfire Chief of Police Darrell Allen Marlin Police Department EOW: Tuesday, November 10, 2015 Cause of Death: Gunfire Cause of Death: Heart Attack Deputy William Rabern passed from this life October 10th, William was a beloved father, son and friend. He leaves behind two teenage daughters who are doing their best to cope with their loss. William served his community for 13 years as a Bexar County Sheriff's Deputy. He started as a Detention Officer on November 04, 2002 and was assigned to the Main Jail on Third Detail. Thanks to all of those that attended William s memorial service. The family was so grateful and in awe that so many of his brothers and sisters showed up. William lived a private life so his family often joked that they were surprised he was liked by so many people. If you needed a laugh William would likely do it. May you rest in peace. DSABC would like to thank everyone who helped in any way possible. Continue to pray for his two girls Karizzma and Addizan who are now being raised by William s siblings. DSABC would also like to thank Heritage Oaks Funeral Home for assisting the Rabern family during this tragic time. an excuse must be submitted. If you read the beginning of the section, however, it clearly states " All members who use sick leave to attend a medical, dental, or vision appointment by leaving during a scheduled workday or work shift or reports to work after the scheduled workday or work shift begins shall be required to provide a Physician's Certificate." A Form 74 is not necessary even if a person calls in just one or two days in a row. The new policy strictly states that a Form 74 is required after three or more days. This is to come into compliance with county policy. Even if in conjunction with relief days or weekends, Form 74 is not required. Detention Officer Tronoski Jones Harris County Sheriff s Office EOW: Thursday, August 20, 2015 They cannot prevent you from returning to work if only calling in for one or two days in a row. However, three or more days does require the form 74. When utilizing a sick day they cannot dock eight hours of your pay as long as you have hours in your sick bank. If a member calls in sick and does not have any sick time, then they will not be compensated for the occurrence. If a member has been deemed a "sick leave abuser" pursuant to Article 15 Section 4, then the member must provide an excuse for the occurrence and will be docked for the occurrence. (Refer to the CBA, Page )

5 Understanding the new Texas License to Carry a Handgun Retrieved from dps.texas.gov 5 I have applied for a Texas License to Carry a Handgun (LTC). When can I begin carrying my handgun? You can begin carrying your handgun upon receipt of the physical license. As a reminder, HB 910 related to open carry becomes effective January 1, Issuance of the LTC prior to the effective date does not provide authority for license holders to carry openly before the effective date of the new law. My Texas License to Carry a Handgun has expired, and my renewal application is in process. Can I carry a handgun while I am waiting to receive my new license? No. There is no grace period or extension for an expired LTC, even if your renewal application has been submitted. You must wait until you receive the LTC before you are allowed to carry a handgun. Can I carry my handgun in plain view with my Texas License to Carry a Handgun (LTC)? Prior to January 1, 2016, Texas Penal Code Chapter 46 prohibits carrying the handgun in plain view. The handgun cannot be openly discernible to the ordinary observation of a reasonable person. License holders may be subject to criminal charges for carrying a handgun in plain view. Effective January 1, 2016, Texas Penal Code Chapter 46 will be amended to prohibit carrying the handgun in plain view unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Texas Government Code, and the handgun is carried in a shoulder or belt holster. License holders may still choose to carry a concealed handgun in any location that is not expressly prohibited by law in locations permitted by law. NOTE: License holders are reminded that carrying of a handgun in certain places is still prohibited under Penal Code Chapter 46. Additionally, handguns may not be carried openly on the campus of an institution of higher education pursuant to Government Code, Section , added by SB 11 (84th Legislature), and Penal Code, Section , as amended by HB 910 (84th Legislature). I currently hold a LTC. Where am I not permitted to carry my handgun? A license holder may carry a handgun anywhere in Texas that is not expressly prohibited by law. Those prohibitions appear in several provisions of the Texas Penal Code. For example, , Texas Penal Code prohibits carrying of handguns and other weapons: On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption; such premises are required to post notices under Texas GC On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place On the premises of a correctional facility On the premises of a hospital or nursing home if effective notice of prohibition is given per Penal Code Chapter 30 (unless the licensee has written authorization); such premises also are required to post notices under Texas GC In an amusement park (if effective notice of prohibition is given per Penal Code Chapter 30) On the premises of a church, synagogue, or other place of worship (if effective notice of prohibition is given per Penal Code Chapter 30) At any meeting of a governmental entity (if the meeting is subject to the Texas Open Meetings Act per Government Code Chapter 551, and effective notice of prohibition is given per Penal Code Chapter 30)In addition, 46.03, Texas Penal Code specifically prohibits handguns in the following locations: On the physical premises of a school, grounds or buildings on which an activity sponsored by a school is being conducted, or in a school transportation vehicle; On the premises of a polling place on the day of an election or while early voting is in progress; On the premises of any government court or court offices (unless the licensee has written authorization from the court); On the premises of a racetrack; In or into a secured area of an airport; orwithin 1,000 feet of premises designated as a place of execution on the day a sentence of death is set to be imposed. I currently hold a Texas LTC. Does the law prohibit carrying a handgun on public transportation? No. Texas law does not specifically address any prohibitions against a license holder from carrying a handgun on public transportation. For more Frequently asked Questions on the new License to Carry law, go to

6 6 First Quarter, 2016 Bexar County Chronicle dsabc.org

CLEAT Vice President, DSABC President, Juan Contreras Congratulations to DSABC President, Juan Contreras. He was elected as one of three Vice Presidents for the CLEAT Executive Board.

Classes are TCOLE approved. www.policetraining.net Provides a list of many courses and training seminars that other agencies do provide to their officers and open to other agencies. www.pletraining.

7 CLEAT Vice President, DSABC President, Juan Contreras Congratulations to DSABC President, Juan Contreras. He was elected as one of three Vice Presidents for the CLEAT Executive Board. Bexar County is the first local sheriff's office Each class is $56.50 before 50% tuition assistance Provides ALL classes necessary for Law Enforcement and Jailers. Classes are TCOLE approved. Provides a list of many courses and training seminars that other agencies do provide to their officers and open to other agencies. Professional LE Training- Provides realistic and up-todate training courses to police officers across North America. Online Training to hold a vice president position. Also elected for vice president were Dean Gilliam from Fort Worth Police Department and Ervey Banda from San Antonio Police Department. Special thanks to all who submitted a ballot. Congratulations to Military and Law Enforcement Discounts: United States Deputy Sheriff s Association- core courses focus on Instinctive Hand-to- Hand Combat and Tactical Entry/Active Shooter Response, on Felony/High Risk Car Stops, Basic Defensive Tactics, Survival Ground Combatives, and have presented a Use of Force/Officer Survival Mindset presentation at conferences. Public Agency Training Council provides list of agencies that provide training. BCSO Training Academy Mental Health Officer (BCSO) TCOLE January at the TEEX Crisis Intervention Training TCOLE February (24 Hr. Course) IPC in the Correctional Setting TCOLE February (16 Hr. Course) Day 1: Day 2: Mental Health Officer (BCSO) TCOLE March, class will be in the TEEX facility Crisis Intervention Training TCOLE March (24 Hr. Course) IPC in the Correctional Setting TCOLE 3503 Sgt Mike Carrillo for winning a $ Visa gift card. A raffle was conducted for those who participated in this years Cleat Election for Vice President..com On-site Training March (16 Hr. Course) Day 1: Day 2: will be held at the Training Academy with the Cadet Course. Calibre Press Street Survival Laredo, Tx 9-10 February , $ TNT: Tactics in Traffic San Antonio, Tx UT Health Science Center 15 March, , $ AACOG Courses Firearms, tactical driving, defensive tactics, and telecommunications courses are open only to law enforcement officers. Yearly schedule of classes can be found online at

8 Executive Board President Juan Contreras Vice President Jeremy Payne Treasurer Heather Achterberg Secretary Rudy Dominguez Board of Directors Detention Billy

org Law Enforcement Michael Trevino Email: michael.trevino@dsabc.org Nathan Cartwright Email: nathan.cartwright@dsabc.org Pete Gamboa Email: pete.gamboa@dsabc.

Address: 1202 Hallmark Dr. suite 301 San Antonio, Texas 78216 In search of: writers, photographers, artists, comic creators, etc.

Upcoming Holidays New Years Day Friday, January 1 ** Martin Luther King Day Monday, January 18 ** Valentine s Day Sunday, February 14 Presidents Day Monday,

8 8 Executive Board President Juan Contreras Vice President Jeremy Payne Treasurer Heather Achterberg Secretary Rudy Dominguez Board of Directors Detention Billy Blanco Lance Spengler Kathryn Brown Law Enforcement Michael Trevino Nathan Cartwright Pete Gamboa **NEW LOCATION** **6999 Alamo Downs Parkway** Office hours: Monday Friday 9am 4pm Closed for all County holidays Phone: (210) Fax: (210) Address: 1202 Hallmark Dr. suite 301 San Antonio, Texas In search of: writers, photographers, artists, comic creators, etc. Looking for members who would like to share their story, talent, ideas, or creativeness through the Bexar County Chronicle. Upcoming Holidays New Years Day Friday, January 1 ** Martin Luther King Day Monday, January 18 ** Valentine s Day Sunday, February 14 Presidents Day Monday, February 15 ** St. Patrick; s Day Thursday, March 17 Good Friday Friday, March 25 ** Easter Sunday Sunday, March 27 **County Holiday In search of a new home? Contact Licensed Realtor Sgt Kathryn Brown at This is your newsletter. If you have any suggestions or comments, let us know.

Concealed Handguns on Campus Policy

Concealed Handguns on Campus Policy Policy Statement. The College is committed to providing a safe environment for students, faculty, staff, and visitors, and to respecting the right of individuals who