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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.
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