The Piercing Truth

This is right from the dictionary and seems to describe Albuquerque, Berry and Schultz. Fascism (f ash ,izem) noun An authoritarian right wing system of government and/or social organization. (in general use) extreme right wing, authoritarian, chauvinistic and/or intolerant views or practices. Fascism tends to include a belief in the supremacy of one group over another, national, ethnic, especially social strata or monetarily; a contempt for democracy, an insistence on obedience to a powerful leader, and a strong demagogic approach. Compliments of one of our Eyes

May 5, 2008

Breach

You've probably heard of the Law of Unintended Consequences which basically states that for every intended outcome there are a number of unintended consequences and generally at least one of them is unpleasant. That's what our friends on the 5th floor are finding out after switching to 5/8s.

Last Friday marked the first week of APD's new 5 day a week, 8 hour a shift schedule and it didn't take long for a couple of unpleasant consequences to pop up. The first one (fatigue - read it here) we told you about last week. The second hits the department right where it hurts - in the budget.
(Sidebar)
Our Eyes insist that this move to 5/8s is really about staffing a 6th area command. The problem is and has been that APD doesn't have enough officers to properly staff another command. So instead of waiting to open another area command the 5th floor has gone to the 5/8 scheme that spreads the existing 450 or so field officers over more area commands.

This has nothing to do with response times and it certainly doesn't improve coverage. The move was accompanied by a bid that reduced the number of officers in each squad and since everyone is working an 8 hour shift there's no scheduled overlap of coverage like there was with the 4/10 schedule. Between the gaps in coverage, officer fatigue, and reduced squad strength our streets could become significantly more dangerous.
(End Sidebar)
We've been chuckling about this all weekend. In the 5th Floor's blind drive to add another area command they forgot to check the APOA/APD contract. The first question that Ray and Company should have been asking is how the move to 5/8s would affect that contract both old and new. More specifically, does the move have a fiscal impact?

Maybe it was the brouhaha over the new contract (although we doubt it since the plan to go to 5/8s was in the works before the contract was rammed through), but no one on the 5th floor or on the contract negotiation team bothered to check and sure enough that unintended consequence is there in black and white.
F. court Allowance: The city will pay a minimum of two (2) hours court time at time-and-one-half, unless the officer appears in court within one (1) hour of his/her tour of duty, starting or ending. In the event that court appearance is within one (1) hour of the tour of duty, starting or ending, the officer will be paid a sum of one (1) hour. This section does not apply to officers appearing in court during their tour of duty.

Officers assigned to graveyard shift who have worked the previous shift will be paid a minimum of two (2) hours at time-and-one-half beginning thirty (30) minutes after shift ends plus actual time spent in court following two-and-one-half (2-1/2) hours after close of shift. [emphasis added]
-APD/APOA Contract
What this all means is that since the graveyard shift ends at 6:00am, every graveyard officer that has court following their shift will automatically get 2 hours of overtime because court doesn't start until 8:30am. When APD was running 10 hour shifts the graveyard shift didn't end until 8:00am so paragraph 1 of section F applied whenever an officer had an 8:30 am court appearance.

Under the 5/8 scheme, officers get 2 hours of overtime if they have court at any time after their shift plus the actual time spent in court - all of it at time-and-a-half. It's possible under the new schedule for a graveyard officer to rack up as much as 12 hours of overtime without spending an hour in court.

Of course this revelation sent the brass into a panic because this little section of the contract is not only in the expiring contract it's in the new contract as well. (Oops!)

The contractual unintended consequence was given to Deputy Chief Michael Callaway to untangle. His solution was... we'll ignore the contract.

In a May 1st email Deputy Chief Michael Callaway instructed supervisors not to approve time sheets that include the additional 2 hours of overtime. DC Callaway created his own guidelines for court time compensation that he claims "are consistent with department policy, the collective bargaining agreement and past practices" - none of which matter in the slightest.

The City/APD and the APOA have negotiated a contract in good faith and despite a bumpy approval process; a new contract has been ratified by the APOA membership. That contract and the previous one contain the same language regarding court compensation for graveyard officers. DC Callaway, Chief Schultz, and even the Almighty Alcalde himself don't have the option of creating new rules when the contract specifically addresses the issue.

Should APD follow DC Callaway's directives, APD and the City of Albuquerque would be in breach of contract. We're talking unfair labor practices claims and litigation that would ultimately cost the city (that's all of us folks) more than simply paying the officers.

Exhibit A - DC Michael Callaway's email dated 5/1/2008 instructing Commanders and supervisors to ignore the provisions of not one but two contracts. We'd love to be an attorney getting 30% of the punitive damages imposed on the city because of this one.

Of course, they could fix the problem without renegotiating the contract and without costing the taxpayers a dime... go back to 4/10s. How much do you want to bet they choose breach?

34 comments:

Anonymous said...

APD, the mayor- Sucks!

Anonymous said...

The new contract is bogus and I'm in total disagreement with people on the other side of the fence. However, gyard guys get hosed all the time and they should get whatever they can!!!

Anonymous said...

be careful your union pres and vice pres dont try to hose the members

Anonymous said...

Once again the 5th floor is unable to get over themselves. Just like with the shafting of the returning military personnel...Callaway was wrong and was forced by the JAG and the Federal Government to do what is right instead of what he wanted to do. It seems that Callaway is stepping up on his step stool and trying to shake his little iron fist. This newest blunder reflects on the Chief and the Deupty Chief. Police officers are sworn to integrity and to do what is right....unfortunately the 5th floor has decided to order themselves to act otherwise....because they are in charge and they give the orders. This latest choice by the 5th floor will have dire consequences for each of them and will decide the future of their careers!

Anonymous said...

somebody should do something

Anonymous said...

They already filed a ppc you idiot. Give them a break. They are the first ones you will call when your in trouble and need a rep.
Its to bad the administration ignores the contract. Maybe a few decisions on behalf of the APOA will change the tide.

Anonymous said...

If there are 450 "field officers", what are the other 400 or 500 sworn officers doing? It might help to get at least a few of them out on the street (or out in the field), wouldn't it? Or would that mean having to buy more of those $90,000 SUVs?

Anonymous said...

Just to let you grave people know that Sgt Paul Heh will not let this administration hose you! Sgt heh works grave and the second the 5th floor tries to stop his OT that he has earned, he will sue and win.

Anonymous said...

I can't beleive that your APD Chief's are that stupid! Even the village idiot knows that if they try and violate the contract they will lose. So, someone please tell me that these APD Chief's are not going to waste tax payer money and try to stop paying overtime that is specified in your contract.

No body could be that dumb or arrogant to think they have a chance of winning that lawsuit! However, from what I have read, I would be weary about your Union cutting a backroom deal. Your dept reeks of corruption! Sorry guys, but you need a new chief and staff.

Anonymous said...

Ron Judus Olivas Torres will screw us on this and will do something that favors the 5th floor and his new up and coming job.

Example, where is the Union on all of this. Have you heard them say anything about the breach? Not a word. A real Union would be up in arms and be fighting the admiinistration, not ours. They are too busy working deals for future jobs! They make me sick!

Anonymous said...

there has been no thought or prediction on the economic impact of this new schedule. Someone should investigate how much fuel officers are using workin additional day. I'M guessing on average an additional day is at least 1 tank of gas a week more than previously used by officers. I tank is equal to $40 dollars x 300 or so active marked units. Thats a grip of cash over an entire fiscal year!!!!

Anonymous said...

CHUCK THE FIEF AND MUCK THE FAYOR....they don't know fhat the wuck they are doing to morale in our department....

Anonymous said...

Note to Chief and the Almighty one. Remember, I told you to be careful what you asked for. Now you're getting it.

Better swallow your pride and go back to 4/10's before you make yourselves look worse than you already do.

Anonymous said...

Why are you folks so negative with the Mayor? He has given you guys a huge raise, yet you bash him. Sounds to me like Mayor Chavez is dealing with a buch of cry babies. Alot of us citizens support the police, but come on, just asking you guys and gals to work a five day work week, like the rest of us, should not cause such uproar.

Anonymous said...

Some of us get whatever work we can get ... and a good number of us don't support the Mayor or Chief ... I tend to remember the silvery minnows most ...

Anonymous said...

To the civilian.. 5 8s on graveyard arent the same. After work, we cant go home and sleep, we have court. For example, go to work at 2200, get off at 0600 (if you dont get a call at the end), get to court for your 830, 900, 1100, 100, and 400 court, get done wtih 400 court go home and lets see when do you sleep?
5 8s are the worst thing for this department. There is not a single field officer working graveyard that would not give up the overtime they owe us and go back to 4 10s.

Anonymous said...

I worked both 5 8s and 4 10s with APD. They both have their pluses and minuses.

To me it really didn't matter much, except that the city pays the ot according to the contract. That is the only issue.

Anonymous said...

I have always known the Alcalde to be fully impressed by himself and on a power trip. The Chief has taken me aback, thougth he was one to do the right thing by his officers. Guess I may be wrong. Regarding the BREACH issue, perhaps the council should limit the contract for the period the Alcade has in office, roll the three year contract into two and increase the senior officers pay to keep their experience around.

Anonymous said...

really, somebody should do something.

Anonymous said...

Yeah, someone should do something!

Anonymous said...

These folks should be salaried, not hourly! Another waste of taxpayer $$$$$!&*^%^

Anonymous said...

If it were me, I would go after/sue the Chief and Deputy Chief's personally. Your case would be an easy one, as they knew exactly what they were doing when they made that decision not to pay the overtime dispite what your contract indicates. You can really show intent on their behalf here. Make sure you go after/sue the city and then each personally!

Anonymous said...

Just wondering, where is the APOA. Are they not helping the dues paying members here? It is a violation of the new contract they just majorly pushed through, so were are they?????????


Is Ron Olivas Torres getting set up in that new SID job for selling us out. He won't be able to hide there once this chief and mayor are gone. It will be short lived. Remember, those positions are not protected by the union, Olivas you traitor.

Anonymous said...

You are always wondering, and doing nothing...as usual..from your anonymous hideout....you continue to remain the cancer in this great department....malignant of course. BTW I checked today and found out they already filed on this as of Tuesday....go away coward.

Anonymous said...

A lawsuit cannot be filed until officers lose money...which will happen next Thursday when officers do not get their overtime on their checks. The APOA has requested that all officers keep copies of their paperwork so that it can be provided to the attorneys when it is needed. The precursory steps have been taken, the city knows it is coming, but the Chief Schlupz is allowing his DC Coward-way to to try and intimidate and threaten officers, sgts, and lts....it won't work and they will be publically embarrassed again.

Anonymous said...

Everyone is talking about change on the 5th fllor, Mayors office, lets not forget the APOA

Anonymous said...

Why do you all wonder why the chief is doing all this? Its because Himself knew if he brought him back from Scotsdale, he'd follow instructions like a good little sheep.

I would think along with the law suit, a vote of non-confidence would be in order. Of course you know that Himself wouldn't stand behind him then. Not good for his image.

Anonymous said...

Oh well, we are still waiting for them to file. So much for the city being able to get IP's, not!!!!! going to happen. The 5th floor just works off of threats and intimidation. Do they really think everyone is that stupid to believe them or anything they say for that matter. You know how you can tell when the chief is lying. Everytime he opens his mouth!

Anonymous said...

Read the Journal today, the battle for the IP Addresses has begun....

Anonymous said...

Nobody is going to to anything about the officers pay/OT. DC Callaway & the rest of the 5th will violate the contract because they know they can. The only one who had any temerity at all was Ofc. Paul Heh and he was tarred and feathered and put in stocks in civic plaza by all you weasles that didn't have the backbone &/ or the intelligence to back him up, dumb shits.....
so don't act like such crybabies when you're contact is used for TP on the 5th floor.
It all started with a bogus union contract. They ran all over you then & they know none of you will hold their feet to the fire now, and make them comply with the contract.
They bought & sold you with the pay increase and now (almost) everyone is fat and happy so they can walk all over your union rights once again..and again..and again...I don't think this city needs officers that are "fat and happy"

Anonymous said...

Been by the APOA Office recently? Might want to stop on by and see what is going on? But I would guess that you won't, because apparently you already know everything. Ask your graveyard Sgts....They were requested to have their officers keep copies of their timesheets for the PPC. Ask the APOA Attorney, just talked to him in Metro today and he has the PPC all prepared and ready to be filed on Thursday. Please attempt to be informed before you speak.

Anonymous said...

PPC was voted on by the board and submitted along with a civil law suit pertaining to the 20 rehires for SRO.

Anonymous said...

What???? you mean the secret society of these so-called cops who hate thier jobs got the facts wrong? No way! As much as they slander,lie, and anonymously attempt to create dissent with false accusations I just cant see it happening. I guess thats how it goes when you realize you did nothing your whole career and you missed your chance to actually be part of the solution. Now you slander anonymously while hiding behind your super connected lawyer friend. Oh, heres the last thing for you losers because I know how much you resent those who . actually still respect real cops....keep up the good work guys, we real cops are supporting you as you try to make this place better.

curious said...

What ever became of this? Did the officers go back to 4-10s? if not, did those effected officers sue? What's the point of having a contract if no one is going to follow it?