Vice-President
UPDATE 3/20/07
By John W. Smith, Jr.
Mar 20, 2007, 08:52

We are receiving a number of complaints concerning the American Association of State Troopers who are utilizing our name to solicit money from the citizens of our State who feel that the money that they are giving goes to aid our organization and related issues. They are providing a website of www.statetroopers.org. If you receive any inquiries from our public citizens, please forward any calls to the WV Troopers Association office.


2007 Legislative Outcome


The 2007 Legislative session ended with the WV State Police receiving a pay raise. This pay raise was due to the dedication of Elaine Harris, our CWA representative and her continued commitment and meetings with the Gov. Office.  The pay raise will increase your base salary by $1200 beginning July 2007. This is on top of the previous step increase that differed with rank structure that was already established during the 2006 Legislative Session. You may visit the WV Legislative web site and review Senate Bill No. 1002 to locate your respective pay grade.


The On-Call bill that we felt had strong support for failed to move out of the House. We have been educating the Senators and Delegates on both the Plan B and On-Call issues for several years and felt that these issues were well understood by the Legislators. If you have an opportunity to speak to your local Senators and Delegates be sure to take the time to speak to them on these issues and express how we are falling behind other law enforcement agencies on these issues.


Legal Update of issues relating to Law Enforcement:

    1.  The United States Supreme Court will soon issue a Major Case affecting troopers- Can police RAM a fleeing suspect’s car in order to terminate a potentially dangerous chase?

        In 2001, police witnessed Victor Harris driving 73 mph in a 55 mph zone.   When they tried to pull him over, Harris sped away. Officer Timothy Scott joined the chase and after approximately six minutes of pursuit at average speeds between 80 and 90 mph and an nsuccessful attempt at stopping Harris, Scott received authorization from his supervisor to stop Harris by force. Using his push bumper, Scott made direct contact with Harris’s car, causing him to lose control and roll down an embankment. Harris suffered serious injuries, including paralysis from the neck down. He sued Scott for damages.

    The Eleventh Circuit Court of Appeals sided with Harris and against Officer Scott. The United States Supreme Court agreed to take the case. Briefs has been submitted and oral arguments were held on Monday, Feb 26, 2007. A decision should be issued by July.


     2.  Nebraska Supreme Court to consider whether an arbitrator violated public policy when he reinstated a trooper who was fired becase he had paid money to visit a web site sponsored by the Klu Klux Klann while off duty?

        -A fired state troopers link to a white supremacist group has placed Nebraska in the middle of a debate over individual rights and ensuring police fairness. An arbitrator ruled in August that Trooper Robert Henderson should get his job back, but officials at the Nebraska State Patrol promised to fight, setting the stage for courtroom battle that could end up in the United States Supreme Court. 


    3. California Court of Appeals issues decision that holds that a public
employee may not be fired for continuing to invoke the fifth amendment, even after being given Garrity Warnings, because the employee had not first been given official immunity from a court or the prosecutor.

        -Tom Spielbauer was a county public defender who was accused of lying to a judge. When his county employer investigated the alleged misconduct, Spielbauer was called in for questioning. Upon invoking the Fifth Amendment, Speilbauer was told repeatedly that he was being ordered to answer the questions, and that his answers could not be used in a criminal proceeding.   Spielbauer, who was represented by a lawyer, continued to invoke the Fifth Amendment, notwithstanding repeated assurances that his statements could not be used in a criminal proceeding and that he would be discharged for
insubordination if he did not answer the questions.

        Spielbauer continued his refusal to answer questions, and was fire for insubordination and conduct unbecoming a public employee. He appealed his discharge, but the trial court ruled that the discharge was proper. 

    On January 12, 2007, the California Court of Appeals issued a ruling that said in the absence of immunity from criminal prosecution, the county could not terminate (Spielbauer) for insubordination based upon his invocation of his privilege against self-incrimination.


If this case is not overruled and is followed by other courts, it will be
necessary for police Internal affairs investigators to secure a grant of immunity from a prosecutor or court protecting the employee to be questioned, before the questioning can begin. Absent formal immunity, the public employee could not be discharged for invoking the Fifth Amendment, even though the superior officer promised the employee that his answers could not be used against him in a criminal
proceeding.


Safety Concern:

    February 13, 2007, David D. Hertig, Wisconsin State Trooper passed away.  This was believed to have been contributed by a traffic stop where a substantial amount of marijuana was seized. Trooper Hertig immediately fell ill and was hospitalized. The container that used to contain the marijuana was determined to have been concealed within a bag that contained dichlorobenzene on the exterior portion of the bag.

    Dichlorobenzene-is some sort of insecticide.

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