POLICE BENEVOLENT ASSOCIATION OF GEORGIA, INC
2008 LEGISLATIVE AGENDA

 

 

ISSUE: P.O.S.T. COUNCIL MEMBERSHIP (HB 669)
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. PBA supports HB 669 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 (HR 688)
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. PBA supports HR 688 to create minimum federal mandated due process rights for all city, county, and state officers employed in Georgia and certified by POST.

ISSUE: STATE INDEMNIFICATION FUND (SB 254)
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. PBA supports SB 254 as the best chance to raise the indemnification fund this year, although it only proposes an increase to $100,000.00.

ISSUE: LINE OF DUTY DEATHS - DEPENDENT HEALTH INSURANCE (HR 2391)
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 SB 236 to correct this in 2006, but it was vetoed and blackballed by Governor Perdue. PBA supports HR 2391 to correct this at the federal level.

ISSUE: PAY SCALE AND COLA
State employees have no pay scale and there is no guarantee of a COLA. It is fiscally irresponsible to lose 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. The state legislature took a step in the right direction when it approved a pay raise for the Georgia Department of Public Safety; however, it falls short. PBA supports the creation of a competitive pay scale and an annual COLA for all state officers by FY-2008.

ISSUE: RETIREMENT (HB150, HB 639, & SB 127)
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. PBA supports legislation leading to a 75% retirement at 25 years of service with no age requirement for all state officers.

ISSUE: HEALTH CARE COST (SB 167)
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. PBA supports SB 167 that includes rank and file officers in a health insurance committee to preview any changes to the state health insurance plan(s).

ISSUE: COLLECTIVE BARGAINING (HR 980)
State, county, and city law enforcement officers in Georgia do not currently have an effective means to convey their needs for improved pay, benefits and working conditions to their elected and appointed leaders. Georgia continues to fall behind in all categories when compared to other jurisdictions. PBA supports HR 980 as federal legislation mandating collective bargaining appears to be the only way officers will have the opportunity for fair pay, benefits and working conditions in this “at-will” employment state.

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. PBA supports legislation to allow civil action in simple negligence, in addition to gross negligence, resulting in harm to officers while performing their official duties.

(c) Police Benevolent Association of Georgia, Inc.