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Treasurer's Message

JUSTIN HERNANDEZ
Treasurer
jhernandez@azplea.com

As most of you are aware, we recently completed our contract negotiations with the City of Phoenix for the 2023–2024 cycle, and the membership has ratified the agreement. Contrary to what you might have heard, a single-year contract was not an idea presented by the City. Instead, it was put forth by President Darrell Kriplean in collaboration with IAFF President Brian Willingham. The motivation behind this is that the City’s revenue is one year behind, so we know what money was available. The city manager is very conservative with the revenue estimates, so it did not make sense to lock us into a second year with few to no monetary increases.  

We don’t anticipate that one-year contracts are going to be the norm moving forward, but we will always consider alternatives to ensure that we are placing ourselves in the best position possible to negotiate pay and benefits for the membership.

During the months that negotiations took place, we were able to get some items updated that had not been changed or adjusted in decades. While there were some difficult times during the process of negotiating, we were able to secure benefits that we believe are significant improvements for the membership.

We were able to get some items updated that had not been changed or adjusted in decades.

  • One-time, non-continuous payment of 5% to be paid out in the first full pay period in August. We attempted to keep this place in December as in previous years, but the City wanted everything to be in unison with other labor groups.
  • A 2.16% base wage increase
  • An increase in standby pay to $100 for non-workdays and $80 for workdays
  • Patrol shifts of 4-10s staying untouched for the next contract cycle. Thank you to everyone who completed the survey, and we heard you loud and clear in regard to this issue. The City understands that this is going to be our stance going forward, with no intention of discussing it further.
  • DRE and phlebotomist premium pay up to $15 extra an hour while conducting the duties
  • Increase in shift differential by $2 for nights and $1 for weekend
  • Sick leave conversion on retirement:
    • 1–899 hours: 100% base wage for 50% of hours accrued
    • 900–1,285 hours: 100% base wage for 65% of hours accrued
    • 1,286–1,713 hours: 100% base wage for 80% of hours accrued
    • 1,714-plus hours: 100% base wage for 100% of hours accrued
  • 80-hour vacation sellback rather than the 40 hours as in years past. This will still be the first check in December.

Negotiating a contract can be a complex and difficult process when binding arbitration is not available to be used. With hard work, persistence and having good working relationships with the City, the Association was able to get these benefits secured. In the next few months, I will be sending out a survey that will be used in the upcoming contract negotiations for the next cycle. I would appreciate it if you would take the time to complete the survey. This survey allows you, the membership, to communicate with us about what you believe is important to be negotiated during the contract cycle. I look forward to continuing to work for you in advocating for the benefits you deserve. 

If you have any questions, I can be contacted at the PLEA office or by email at jhernandez@azplea.com.

JUSTIN HERNANDEZ
Treasurer
jhernandez@azplea.com

My name is Justin Hernandez, and I would like to take this opportunity to introduce myself as the newly appointed treasurer of the Phoenix Law Enforcement Association. I have served as a police officer for nearly nine years, with experience in Alaska and Arizona. I began my career with the Phoenix Police Department as a swing shift patrol officer in the Maryvale Estrella Mountain Precinct, with my most recent assignment being a field training officer on the 83F squad. Throughout my career, I have had the pleasure of working among many great officers on a variety of assignments, but the one that I have found to be the most rewarding is my involvement in police labor unions.  

I was raised with the understanding and mindset that labor organizations are a vital part of the work environment to ensure all employees are represented and treated fairly at every step of their career. As a result, I pursued a career path that allowed me to become involved in the police union. This path led to me becoming a representative for the Anchorage Police Department Employees Association in 2014. During that time, I represented all categories of employees within the department, including officers, sergeants and non-sworn civilian employees.

Thank you for letting me be a voice that can advocate for you as members of PLEA.

After I lateraled to Phoenix, I approached PLEA and expressed my interest in continuing my commitment to being a representative for my colleagues. As a result, I was granted the position of precinct representative and eventually appointed to the Board of Trustees.

In my time as a representative in both agencies, I have been involved in various processes involving all ranks within the Department, including use-of-force incidents, policy discussions, development groups, etc. While I collaborated on these assignments, the most important underlying message I felt was necessary to emanate was that all members deserve the best representation they could be afforded. 

I have been fortunate enough to receive training in concepts including rights of police employees, Force Science Institute, collective bargaining and a vast amount of duty-specific training. Acquiring this broad knowledge base has allowed me to become a well-rounded union representative within PLEA. 

Recently, I was approached by the leadership within PLEA with a query about my interest in potentially taking over the treasurer position, if and when it became available. I saw this as a fantastic opportunity to expand my reach and help the overall membership. After a majority vote from the Board of Trustees, I have begun my journey as treasurer, and to say I am excited and honored is an understatement. 

There is a massive amount of information to learn in this position. I will be the first to tell you that I do not know everything, but I am willing to do what it takes to find the answers. I encourage you to reach out to me with any questions, no matter how small or big an inquiry. Thank you for letting me be a voice that can advocate for you as members of PLEA. I am available for contact at the PLEA office or by email at jhernandez@azplea.com.

Darrell Kriplean
Darrell Kriplean

In the past several months, I have had occasion to talk with several members about work-related injuries. Many of them were minor, so the thought was just to brush it off and move on. The problems arise when the “minor” injuries progress into bigger injuries and were not originally reported. I cannot say it enough: If you are hurt on the job, no matter how insignificant you think it is, please at least report it to your sergeant in memo form. Like every other aspect of this job, documentation is key.

The following is an article I wrote in a previous issue, and it bears revisiting. It dives into the Industrial process and ways to protect yourself now and moving forward through your careers. Officer safety is always talked about, and rightfully so. However, this topic is rarely spoken of and only when something serious happens. Knowledge is power.

Police work is a profession that entails a lot of physical exertion — whether jumping walls, chasing an individual who is less than thrilled by our presence, taking a suspect into custody who doesn’t believe they did anything wrong, or simply driving a marked patrol car that doubles as a bull’s-eye for red-light runners. As a result, most of us at one time or another will be making a trip to Concentra, our primary care physician or, worse, the emergency room for an on-duty injury. Navigating this scenario can be a lesson in patience.

If you are injured, no matter how minor the injury may seem, you need to report it to your supervisor immediately to memorialize it.

If you are injured, no matter how minor the injury may seem, you need to report it to your supervisor immediately to memorialize it. Just because it seems like no big deal now doesn’t mean that it won’t culminate into a bigger issue down the road. If you do need to seek medical treatment for a minor issue, you can go directly to Concentra or your primary care physician for your initial visit. (There is no requirement for you to make one visit to Concentra.) If you choose Concentra, you can still follow up with your primary care physician. If, however, you go to a second visit at Concentra, then Concentra becomes your doctor of record for that injury.

Regardless of the route you choose, you will have to fill out the Industrial paperwork that your supervisor will provide you. This paperwork will need to be routed through police fiscal and, ultimately, to City Safety, where a claim number will be assigned. City Safety has the ability to expedite the assigning of a claim number in certain cases. From that point, you will be assigned to a workers’ compensation adjuster from CCMSI, the third-party administrator for our workers’ compensation program. The adjuster will be your point of contact with respect to that injury. 

If you are seriously injured and require emergency treatment, there are some things you need to be aware of. While you are at the hospital, your supervisor should bring the required paperwork to you for completion. If you are unable to complete the employee’s portions, then a spouse may do so or you may do so later when you’re able (OPS 3.73.C(3)(a)). After leaving the emergency room or hospital, you may follow up with a physician of your choosing.

If you receive a bill for services rendered during this process, whether it is a doctor’s bill, an ambulance bill or emergency room bill, it is of the utmost importance that you call your adjuster, City Safety staff or me so we can ensure that the “Bill to” is changed from your name to the City of Phoenix. We have had several instances where this has not occurred, and officers have thrown away the bill with the assumption that “it’s workers’ comp, I don’t need to worry about this.” In such cases, the bills have ended up in collections and, subsequently, on individual credit reports. Understandably, this is very frustrating for the officer. The City typically receives a discount on the bill if it is paid within 15 days, so the sooner they know about it, the better it is.

Another important aspect to an industrial injury is that each covered injury has 2,080 hours (equivalent of one year) attached to it. What this means is that if you are unable to work because of the injury, workers’ compensation pays a portion of your salary and the City will supplement the remaining portion for the duration of the injury, or up to 2,080 hours. That 2,080 hours also cover follow-up appointments and any physical therapy that is prescribed. If you exhaust that bank of time and continue to need time off for appointments, you will have to start using BI, BV or BC time. If you can work light duty, I would encourage you to take advantage of it even if it is in callback to preserve that bank of hours. You may need to tap into them later if the claim needs to be reopened.

With COVID-19 being as prevalent as it is, I would suggest that if you come in contact with someone who is exhibiting signs and symptoms of COVID-19 or they tell you they have COVID, to document it in memo form to your sergeant as soon as possible. This will memorialize your contact should you end up contracting COVID a week or two later.  COVID is covered by workers’ compensation, so long as it is more likely than not contracted during the course of your official duties. You will complete the entire Industrial packet if you test positive for COVID. Documentation is very important!

This article is only intended to cover the highlights of the workers’ compensation process. Operations Orders 3.7.3 explains the process at length. If you ever have any questions, please feel free to contact Tracy Hamilton in the City Safety Department at (602) 534-9530 or by email at tracy.hamilton@phoenix.gov. You may also contact me for assistance. I am always available at the PLEA office or by email at dkriplean@azplea.com.

While COVID-19 has understandably been at the center of the dialogue concerning officer health and wellness throughout the past year, it’s important to remember the devastating effects cancer continues to have on law enforcement officers around the country. First responders have a significantly higher chance of succumbing to cancer compared to the general population due to high stress, toxic exposures and other factors. For this reason, I want to inform our members about the Vincere Cancer Center, which offers a first responder screening program that has helped countless police officers since it was established in 2018.

The best part is that the Vincere Cancer Center offers a thorough screening, complete with a body scan MRI and lab work, for free.

The program was created by Dr. Vershalee Shukla after research she conducted showed that cancer diagnoses had reached an epidemic level among first responders. As a result, Dr. Shukla and her team of doctors have made it their mission to help our members overcome the fear and uncertainty that comes from a possible cancer diagnosis. The best part is that the Vincere Cancer Center offers a thorough screening, complete with a body scan MRI, CT scan and lab work, for free (must be enrolled in an active City health insurance plan). This free screening also allows members to meet with Dr. Shukla and her team to ensure all questions and concerns are answered. All you need to do is visit vincerecancer.com/screening to fill out a short form. Within one business day, you’ll be contacted about setting up an appointment. (Please note, this is currently not available to our retired members due to agreements between Vincere Cancer Center and the City of Phoenix.)

Of course, if a more comprehensive screening is needed afterward or you are referred out to a specialist, normal co-pays would apply. Your health is their absolute top priority, and these are some of the best medical professionals in the state. 

This incredible program is a huge benefit to the men and women of the Department, so please don’t hesitate to get in touch with the Vincere Cancer Center today at (480) 306-5390 or by visiting vincerecancer.com. The center is located in Scottsdale at 7469 E. Monte Cristo Ave. 

Even if you feel perfectly healthy and believe a cancer diagnosis could never happen to you, do your loved ones a favor by taking this opportunity to schedule a free appointment. With most any medical issue, the earlier it is detected, the better the chance of beating it. As always, if you have any questions or comments, I am available at the PLEA Office via phone or email at dkriplean@azplea.com.

It is never a shock to any of us when we get hurt on the job. We know very well the hazards of our career choice. It is rare to hear of an officer who was able to navigate a 20-plus year career without filing a workers’ compensation claim. These days, we are more at risk of contracting COVID while performing our daily duties. If you find yourself in the unfortunate situation of being hurt or becoming ill, here are some things to consider.

These days, we are more at risk of contracting COVID while performing our daily duties.

No matter how minor the injury, report it as soon as reasonably possible. If the injury does not require medical treatment, simply complete a memo detailing what occurred and submit it to your supervisor. It will remain in your division/bureau/precinct file for one year. During that time, if the injury progresses such that medical treatment becomes necessary, then an industrial packet will be completed.  

Injuries that require medical treatment, obviously, will have an associated industrial packet filled out immediately. I recommend completing the entire packet if you are diagnosed with COVID-19, even if you had the mildest of symptoms, and you can reasonably associate the exposure to your official duties. The long-term effects of this disease are relatively unknown. Should you find yourself suffering from some side effects years from now, you will be covered.

I want to dispel an old wives’ tale that I believed to be true for most of my career — the idea that when you get injured, you must go to Concentra one time. I, like most of you, heard this over and over from co-workers and supervisors. It wasn’t until I began working daily with injured colleagues that I found that it was not the case. The City does reserve the right to have you evaluated by a medical professional of their choosing if they believe your doctor’s assessment or treatment plan seems out of whack. Otherwise, you are free to choose the doctor you trust most with your care and recovery. Remember, once you see a doctor for the second time, they become your doctor of record. If you decide later that you want a different health provider, you must first seek approval from CCMSI — the third-party administrator of the City’s workers’ compensation program — before seeing them.  

Another thing to be keenly aware of is the timeline to report an injury set forth in Arizona Revised Statutes (ARS). ARS §23-1061 states that you have one year to file a claim for an injury. “The time for filing a compensation claim begins to run when the injury becomes manifest or when the claimant knows or in the exercise of reasonable diligence should know that the claimant has sustained a compensable injury.”  In other words, if symptoms or diagnosis of an injury do not manifest or occur for many years, it would still be able to be claimed. The date of diagnosis or onset of symptoms becomes the date of the injury. This is common with PTSD injuries.

Something to be very cognizant of is your work status document. Your doctor will be required to complete this document for the City. If your doctor wants you to recuperate at home, then that needs to be reflected with the words “no duty” on it. Anything other than “no duty” is confirming your ability to work a modified assignment, aka transitional duty. If your doctor prescribes narcotic pain killers, do not assume that you will be able to stay home due to the “do not drive” advisement on the prescription bottle. As ludicrous as it sounds, the City will require you to report to work, even under the influence of a prescription narcotic. The City, time and time again, has told injured employees to get a ride from a family member, friend, Uber, Lyft or even a city bus to get to work. Remember, “no duty” is a key phrase.

Another important aspect of an industrial injury is that each covered injury has 2,080 hours (equivalent of one year) attached to it. What this means is that if you are unable to work because of the injury, workers’ compensation pays a portion of your salary, and the City will supplement the remaining portion for the duration of the injury, or up to 2,080 hours. That 2,080 hours also covers follow-up appointments and any physical therapy that is prescribed. If you exhaust that bank and continue to need time off for appointments, you will have to use BI, BV or BC time. If you can work light duty, I would encourage you to take advantage of it even if it is in callback to preserve that bank of hours. You may need to tap into them later if the claim needs to be reopened.

If you receive a bill for services rendered during this process, whether it is a doctor’s bill, an ambulance bill or an emergency room bill, it is of the utmost importance that you call your adjustor, City Safety staff or me so we can ensure that the “bill to” gets changed from your name to the City of Phoenix. We have had several instances where this has not occurred, and officers have thrown away the bill with the assumption that “It’s workers’ comp, I don’t need to worry about this.” In such cases, the bills have ended up in collections and, subsequently, on individual credit reports. Understandably, this is very frustrating for the officer. The City typically receives a discount on the bill if it is paid within 15 days, so the sooner they know about it, the better it is.

My hope is that none of you have to navigate the workers’ compensation waters. The reality is that many, if not most, of you will. Issues will arise, but know that we (PLEA) will help you any way we can.  

This article is only intended to cover the highlights of the workers’ compensation process. Operations Orders 3.7.3 explains the process at length. If you ever have any questions, please feel free to contact Tracy Hamilton in the City Safety Department at (602) 534-9530 or by email at tracy.hamilton@phoenix.gov. You may also contact me for assistance. I am always available at the PLEA Office or by email at dkriplean@azplea.com.

Patrol officers and some detective units have been outfitted with body cameras for some time now. Having personally worn one for many years during my patrol days, I have become an advocate of them. Most of you who know me, know that wasn’t always the case. After several weeks of first wearing them, I found them to be very beneficial, specifically when it came to investigations and disputing false complaints made by citizens.

Remember, every second of body camera footage is subject to a public records request.

While there are huge benefits to having them, there is one downside we all can control. I am referring to our professionalism. We at PLEA have had multiple opportunities to review body-worn camera footage during the course of misconduct investigations. One thing that stands out and makes us cringe is officers who either have become too comfortable with the body-worn technology or have forgotten that it is activated acting less than professional while being recorded. We #8377 all know what is expected when we are contacting citizens, but I am talking about something different.When you make that traffic stop and are back inside your unit running the necessary records checks, or when you are having a sidebar with one of your co-workers regarding the call you are investigating and do not utilize the mute function as permitted by policy, remember, anything you say can be used against you in a misconduct investigation or in a criminal proceeding to discredit you. How embarrassing would it be for you and the Department if a defense attorney played your body camera footage in front of a jury, showing you acting foolish, immature or generally unprofessional? Would you be proud if that footage ended up on the evening news? What kind of confidence does that instill in the public we serve or the upper management of the Department if we are acting in a way that is less than professional? Remember, every second of body camera footage is subject to a public records request. 

The best advice I can give you is to guard your words and actions. Always remember that how you carry yourself will reflect either positively or negatively on all of us and is something you have absolute control over.

If you have any questions or comments, I am available at the PLEA Office via phone or at dkriplean@azplea.com.