Legislative Update:

August 15, 2007
  Legislative Update:
August 15, 2007

The 2007 Session of the North Carolina General Assembly adjourned on Thursday, August 2, 2007 at 10:35pm. The short session will convene on Tuesday, May 13, 2008.

In the meantime, over 2,000 bills were introduced, including all but one bill on the NCPBA legislative agenda. We could not get a bill filed on changing the definition of correction and probation parole officers. Legislators were disinclined to introduce legislation without a majority membership presence. Until more correctional and probation officers join PBA, this will have a hard time finding a sponsor.

All other NCPBA matters are eligible for the short session. As you will recall, HB980 passed committee by one vote but stalled on the House floor without a vote due to unprecedented opposition by the North Carolina Sheriff’s Association. The NCSA opposed HB 980 even though it only affected municipal officers. Because of the negative effect the sheriffs had on legislators, our bill sponsors moved to turn HB 980 into a study bill rather than forcing a floor vote that would fail.

Other organizations who are under scrutiny about their so-called opposition to this bill are the Metro Police Chiefs’ Coalition, the North Carolina Police Executives’ Association, the North Carolina Association of District Attorneys, and the North Carolina Law Enforcement Officers’ Association. All of these groups were represented by the Sheriffs’ Association as opposing HB980. However, we are receiving some odd and even disturbing information from these groups concerning their so-called opposition. We will provide more detailed information about this when all the facts are in.

25 Year Retirement
As you know, NCPBA opposed Senator Snow’s version of SB1444. However, the Senator remains a close friend to law enforcement and we will be using his efforts to begin talks with the “League” and others.

HB1114, the House version, sponsored at the request of NCPBA by Representatives Rick Glazier and Tim Moore remains eligible for the short session and still contains the original bill language.

A full listing of our PBA bills, sponsors, and latest action will follow this update.
 
New Retirement Option is likely to become New Law
During the last few days of the session, an interesting development grew from an effort by the North Carolina Sheriffs’ Association to introduce new retirement legislation.

This effort apparently resulted from a Wilkes County Deputy who, upon filing for retirement, chose to take advantage of the option to transfer his 401(k) funds into his regular retirement account. He discovered he could not do this because according to the Retirement Division of the State Treasurer’s office, he was not eligible for this combined benefit option because he did not have an annuity under the old law enforcement officer retirement supplement prior to 1986 when the 401(k) plan was passed into law. The current law therefore denied the transfer option for those officers whose employer did not provide the annuity prior to 1986 and was not available as a retirement option for officers hired after 1986.

With this in mind, and with support from State Treasurer Richard Moore, SB580, sponsored by Senator Dan Clodfelter, was revised to reflect language that provided an optional retirement benefit for ALL North Carolina law enforcement officers from state and local agencies upon retirement.

The bill passed the Senate 48 to 0 and the House 114 to 0 and was ratified by the General Assembly August 2, 2007. Unless the Governor vetoes the bill, it will become law.

This new retirement option for all law enforcement officers is strictly a VOLUNTARY option available to you. You may still retire as before with your regular retirement, separation allowance, and your 401(k) supplement under the existing law.

However, all officers can now elect to transfer their 401(k) funds to the Retirement Systems Division, whereupon they will receive a HIGHER monthly retirement payment reflecting the value of their REGULAR defined benefit retirement, plus an increased amount that reflects their defined contribution from their transferred 401(k) funds.

Officers who are eligible to retire soon should use CAUTION. If you wish to utilize this option, consult with the Retirement Systems Division. They can be reached at 733-4191 or toll free at 877-733-4191.

Choosing this voluntary retirement option plan DOES NOT change or take away your separation allowance. The separation allowance will remain the same under this option plan. This is a good thing for law enforcement officers. PBA extends thanks to State Treasurer Richard Moore, Senator Dan Clodfelter who sponsored HB 580, and PBA endorsed Representative Drew Saunders who guided the bill through the House.

HB 580 also authorizes the creation of the Local Governmental Law Enforcement Special Separation Allowance Fund to be managed by the State Treasurer. This fund will be established to allow local governments to contribute funds that will be invested by the Treasurer to pay for the separation allowance benefit to local officers. This provision helps solve the issue with some, mostly smaller local governments who complained of not having funds to pay for the separation allowance.

The North Carolina Sheriffs’ Association also supported this bill. For questions concerning this information, contact the PBA office at 1-800-451-3895 or the Retirement Systems Division of the State Treasurer’s office.
This effort by the North Carolina Sheriff’s Association stands as an interesting paradox to the outrageous efforts taken by this same Association in opposition to HB 980.

If the Sheriff’s Association mustered even a fraction of the good faith effort used in supporting HB 580 to support basic work place fairness, HB 980 would now be law.

During the same time that the Sheriff’s Association was opposing HB 980, one of their own members fired a deputy who had been a loyal and outstanding officer for his county for almost 30 years. With only three months until retirement, the sheriff simply told the deputy his services were no longer needed.

About the time that the Metro Police Chiefs’ chimed in with their opposition to HB 980, one of their own was being fired by his town mayor. His crime? The chief had discovered that the mayor was committing felonies. The chief called in the SBI who launched an investigation. The mayor was arrested, posted bond, called a special meeting of the town council and fired the chief for not first coming to him instead of the SBI.

These are the stories that represent the true facts of why HB 980 needs to become law. These cases also represent the outrage and embarrassment that has become all too commonplace in North Carolina law enforcement. These two officer victims were a chief and a sheriff major. These officers are law enforcement leaders. Most of these ridiculous cases happen to rank and file officers.

If North Carolina is going to stop the bleed-out of our best and brightest officers, the application of the “at will” concept to the law enforcement profession must change. Our sheriffs no longer collect taxes for the King of England and they have no business opposing minimal due process to municipal police officers they do not even employ. Perhaps they see that if due process is afforded all municipal law enforcement, it will be hard for sheriff’s departments to retain employees.

Our sheriffs are, however, elected officials who answer to the people.

All NCPBA members, municipal officers and their families should call your sheriff and thank them for their outstanding efforts on HB 580. You should also tell them what you think about their sticking their noses in your work life business on HB 980. Tell them how their Association’s continued efforts will effect how you and your family vote in the next election. While you are at it, you might offer a voice of support for your fellow (deputy sheriff) officers who work under a system that is relegated in this day and age to only a few third world countries.

The Sheriff’s Association has proven that when it is to their advantage, they can do good things for law enforcement officers – but law enforcement also needs sheriffs who think and act as law enforcement professionals. More details concerning PBA’s legislative agenda update will follow soon.