2007 State Legislative Issues

 

 

ISSUE: P.O.S.T. COUNCIL MEMBERSHIP
Georgia law 35-8-3 mandates that the Georgia Peace Officer Standards and Training (POST) Council be composed of 19 voting members. Ten of those voting positions are held by individuals (or their designees) based on their position with a state government agency or a professional association, such as, the presidents of the Georgia Association of Chiefs of Police, Georgia Sheriffs Association, Georgia Municipal Association, Association of County Commissioners of Georgia, Peace Officers Association of Georgia, and Georgia Prison Wardens Association. Virtually every major public safety professional association in Georgia has a seat on POST Council except our group. We support legislation to allow the president of the Police Benevolent Association of Georgia or his or her designee to serve as a voting member of POST Council.

ISSUE: ADMINISTRATIVE DUE PROCESS
Many Georgia law enforcement officers are still without due process in administrative matters involving violations of departmental policies and procedures. Law enforcement officers deserve, at a minimum, the right to a hearing before a fair and impartial board or hearing officer; to be informed of the charges against them; to be represented by a person of their choice (at their expense); and to present testimony and evidence on their behalf, prior to any disciplinary action resulting in loss of pay, reduction in rank, or dismissal. Law enforcement officers risk their lives in service to their communities and deserve fair treatment. We support legislation to create a minimum state mandated due process procedure for all city, county, and state officers employed in Georgia and certified by POST.

ISSUE: STATE INDEMNIFICATION FUND
Georgia law 45-9-85 provides a $75,000.00 indemnification for the beneficiaries or the estate of any law enforcement officer killed in the line of duty. The normal pay out is $15,000.00 annually for five years. When this law was enacted this may have been a fair subsistence for a small Georgia family. However, this is now below the poverty level and far below the starting pay for most departments. We support legislation to double this fund to $150,000.00 without penalty for a lump sum payment.

 

ISSUE: WHISTLE BLOWER PROTECTION
The Georgia Whistle Blower Law only offers protection to state employees who bring illegal or unethical wrongdoings to the public’s attention. We support legislation to expand this protection to city and county employees so that the interest of all citizens are protected.

ISSUE: DEPENDENT HEALTH INSURANCE BENEFIT FOR LINE OF DUTY DEATHS
Under Georgia law 45-18-9, if a state law enforcement officer is killed in the line of duty, his or her family must give up their state health insurance coverage within a very short period of time or pay the full cost of that insurance. This has created a hardship for some families that have had no where else to turn for reasonable health insurance coverage. The dependent spouse and children of a state law enforcement officer killed in the line of duty should be allowed to remain on the state health insurance plan at the same rate as other state employee spouses and dependents. The Georgia Senate and House overwhelmingly passed a law to correct this wrong in 2006, but it was vetoed by Governor Perdue. We support legislative or administrative action that will correct this wrong.

ISSUE: FIREMEN’S RULE
Courts in Georgia have upheld the concept of the Fireman’s Rule that prohibits civil remedy in all but the most negligent cases when a public servant is injured or killed in the line of duty. We support legislation to allow civil action in simple and gross negligent cases resulting in harm to officers while performing their official duties.

ISSUE: RETIREMENT
Not so long ago, law enforcement officers employed by the State had an excellent retirement plan. Over the years this has been whittled down to just 50% with at least 25 years of service at age 55 (47-2-223). Officers soon realize that they can not survive in retirement with such a meager plan. As a result, many leave after a few years. Some actuarial experts contend that the average life expectancy for law enforcement officers with more than 29 years of service is only 59½ years of age. Something needs to be done to ensure officers can afford to retire at a reasonable age. We support legislation creating a 75% retirement at 25 years of service with no age requirement.

ISSUE: HEALTH CARE COST
Background:
State employees have been subjected to ever increasing health care expenses. During the last three years, substantial changes have taken place with little opportunity for employee input. The administrative solution seems to be one of simply transferring the expenses to the employees without any attempt to find cost saving alternatives. We believe a study committee that includes rank and file officers should review and recommend any changes to their health insurance plan(s) or employee contributions.

ISSUE: PAY SCALE AND COLA
Background:
For the last three years there has been no pay scale and until January of this year, no COLA for state employees. It is fiscally responsible to retain expensively trained criminal justice employees. One important key is a pay scale that clearly identifies pay step increases over a period of time. Morale and employee productivity suffers when employees see their net pay slowly dwindle over time due to the lack of a pay scale and multiple years without a cost of living adjustment. We support the creation of a pay scale and COLA for the rank and file officers of the State of Georgia’s various public safety organizations.