CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

CLT UPDATE
Tuesday, September 23, 2008

The big one that didn't get away!


A State trooper who claims he is too sick to work is calling in sick to fish and run his side business -- all on taxpayers' dime.

I-team reporter Kathy Curran uncovered how the man of the law is abusing the system.

On the water, Terry Nugent is the captain of his fishing business, Riptide Charters.

On land, he wears the uniform of a trooper for Massachusetts State police, but the I-team discovered on some days when he's supposed to be protecting and serving, he's calling in sick to fish.

"The worse thing of all is when the people cheating are the people who are supposed to protect us from scam artists," said Barbara Anderson with Citizens for Limited Taxation.

Curran logged onto the fishing chatroom "Surftalk" where Trooper Nugent goes by the username Riptide and has written almost 400 posts about his fishing adventures on the waters off the Cape.

WBZ TV-4
Monday, September 22, 2008
I-Team: Trooper Fishing On Taxpayers' Dime
[TRANSCRIPT]


The state is threatening to slam the door on a loophole allowing cities and towns to exempt themselves from Gov. Deval Patrick's proposal to start using civilian flagmen at some road construction projects.

This has police unions steaming, as they say the detail work has always been part of the collective bargaining process and should remain so.

The dispute stems from a clause in the governor's plan that exempts cities and towns from the rules if they have language in their police contracts or a municipal ordinance governing detail work, as long as it is in effect by Oct. 3.

This "grandfathering" provision was added out of respect for the collective bargaining process, said Klark Jessen, a spokesman for the state Department of Transportation. At the time, he said, there were only a dozen communities that had union contracts giving police the exclusive right to work road details.

But soon after the governor announced his plan, police unions across the state ramped up efforts to make sure their locals had such contract language in place, Jessen said....

"They are trying to prevent our members from negotiating this issue despite the fact that, in the past, details have always been bargained over as a term and condition of employment," said Phil Petit, spokesman for the IBPO. "Chapter 150E (the public employee collective bargaining law) is the bedrock of our labor laws, and the Patrick Administration is attempting to tear it down.''

He said union leaders believe the issue is a local one that should continue to be dealt with on a local scale through negotiations with local officials rather than being regulated by the Commonwealth.

But there are others who feel that the governor is doing the right thing.

Barbara Anderson of the Citizens for Limited Taxation hailed the legislation, saying it is long overdue.

"I think (the governor and the Legislature) know there is a problem, and the problem is that people are fed up," she said. "I think they are giving the unions a chance to be reasonable, and if not, change it."

The Eagle-Tribune
Sunday, September 21, 2008
State considers closing loophole
that lets towns opt out of using civilian flagmen


Governor Deval Patrick has toughened his new rules on police details at road construction sites, outmaneuvering local police unions that were making a last-minute push to get around efforts to rein in the costly assignments.

The governor eliminated a provision that would have allowed local police details to continue at all state-supervised work sites - even on lightly traveled roads where the danger is low - if a local labor contract or municipal ordinance required it....

"Congratulations to the governor," said David Tuerck, executive director of the Beacon Hill Institute at Suffolk University and a longtime critic of police details. "The unions will dig in further and do whatever they can on the local level. But they've lost this battle." ...

The Boston Globe
Monday, September 22, 2008
Unions lose on police details
Patrick moves to tighten rule for work sites


Organized labor pulls the strings of many a politician on Beacon Hill but it appears the Democratic governor isn’t one of them - at least when it comes to expensive police details.

Yes, it seems Gov. Deval Patrick has managed to outmaneuver the powerful police unions, which were girded for battle over the lucrative detail assignments....

Now, as we’ve said before we’ll keep the champagne corked until we see an actual civilian in a Day-Glo vest directing traffic somewhere. The work will require training of civilians and the state expects a certain ramp-up period before they can be deployed.

And we repeat: We feel for those officers who rely on details to earn a pretty comfortable living. The trouble is, that comfortable living represents an unnecessary burden on the rest of us. That is fundamentally unfair and the Patrick administration has acknowledged it.

The Boston Herald
Tuesday, September 23, 2008
A Boston Herald editorial
Deval Patrick stands up to police unions


I'll apply for that sweet . . . flaggers job OR just hammer every citizen who commits infractions. Hmm, I'll go with option B, so the next time you wiz past that lady in the crosswalk, get ready to eat that $200 fine. I'll see you in court, and get paid OT for being there...thanks joe citizen! ... I'll have to rethink the way i operate at work. So the next time you toss that butt out the window, you very well might see blue lights in your rearview.

The Boston Herald
Monday, September 22, 2008
New police detail rules toughened
By Associated Press
Readers' Comments by "MassCop"


Chip Ford's CLT Commentary

The police unions are beside themselves over their thwarted end-run around police detail reforms and Gov. Patrick's shrewd move that outmaneuvered their hastily-deployed scheme.  It's not often that Big Union loses, so enjoy its hand-wringing and teeth-gnashing while you can.  I certainly am.

I've been participating in a Boston Herald readers' comments forum off-and-on for the past day.  Frantic cops baying at the moon have begun going over the edge -- making the taxpayers' point that police details are nothing more than a selfish and bullying money-grab, revealing themselves and their motives for all to see.  The gloves are off -- they're now reduced to threatening arrest and retribution! (See comment excerpts at the bottom.)

Meanwhile, another union public safety employee has been caught red-handed ripping off taxpayers, in a WBZ TV-4 I-Team exposé that aired last night.  Before the body-builder out on "disability leave" from the Boston fire department while competing for the body-building title has been forgotten, we have a new poster-child for public employee excess and taxpayer abuse:  Meet State Trooper Terry Nugent.

Trooper Nugent has run his charter fishing boat business out of the Cape for years, getting $1,000 - $2,300 per day-trip taking his customers out to the fishing grounds -- often when he's supposed to be "on the job."  Riptide Charters would be more appropriately named Ripoff Charters it seems; ripoff of the taxpayers, his employers.  When you watch the WBZ TV-4 I-Team video, pay particular attention to his McMansion.  He needs his state trooper job, his simultaneous chartering business and taxpayer-paid police details to swing that McMansion and all his toys:  His new "Contender 33T" boat with its "ultra quiet twin 275 HP Supercharged Mercury Verado 4 Strokes."

"Where would you cut?!?" opponents of Question One shout as one voice.

Our response should be just as simple.

Where wouldn't you?

Chip Ford

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WBZ TV-4
Monday, September 22, 2008

I-Team: Trooper Fishing On Taxpayers' Dime
Reporting: Kathy Curran

BOSTON (WBZ) ― A State trooper who claims he is too sick to work is calling in sick to fish and run his side business -- all on taxpayers' dime.

I-team reporter Kathy Curran uncovered how the man of the law is abusing the system.

On the water, Terry Nugent is the captain of his fishing business, Riptide Charters.

On land, he wears the uniform of a trooper for Massachusetts State police, but the I-team discovered on some days when he's supposed to be protecting and serving, he's calling in sick to fish.

"The worse thing of all is when the people cheating are the people who are supposed to protect us from scam artists," said Barbara Anderson with Citizens for Limited Taxation.

Curran logged onto the fishing chatroom "Surftalk" where Trooper Nugent goes by the username Riptide and has written almost 400 posts about his fishing adventures on the waters off the Cape.

On this day, he says "take a day off -- call in sick" because the fishing season is too short. When the I-Team compared days here to his recent payroll records, it found the trooper was taking his own advice.

The I-Team discovered that on May 18, May 25 and June 15 he was out sick and had gone out fishing.

According to his post, on one of those days Trooper Nugent was well enough to run a charter that turned out to be "a killer 1/2 day bass trip."

The day before he was out landing this mahi and hauling in some tuna.

Too sick to show up to work at the Bourne barracks but not to fish.

According to an online post from August 26, 2007, "rippy got a new ride" as in a new boat. The boat was supposed to be delivered the following Wednesday or Thursday. That Wednesday Trooper Nugent called in sick.

"Do you think this is sick time abuse?" Curran asked Jack Greene with Northeastern University.

"I don't think there's any question about it," Greene said.

That's Greene's opinion after looking at Nugent's posts and pay records.
"It creates shortages and overtime," he explained.

Greene is a professor of criminal justice at Northeastern.

"It's supervision, supervision, supervision. The reality is the supervisor should know where his or her direct reports are, and if they're not there, why they're not there," Greene said.

Nugent has taken 30 sick days in the past year and a half. This fishing season eight out of the 11 days he called in sick he was fishing. When the I-Team showed up at Trooper Nugent's house to ask him some questions the "Riptide" was on dry land. After we knocked on the door the shades were pulled.

There is case after case from the beginning of July where Nugent "made the call" for a 14-hour fishing day and made sick calls two days in a row to the middle of the month when "Riptide" was hunting tuna and bailed on work once again.

Barbara Anderson says the citizens of the state who pay Nugent's salary deserve more.

"It's always a problem when someone's cheating," Anderson said. "It's worse when they're cheating on the public dollar."

The I-Team's investigation sparked an internal investigation by State police. In a statement they said they cannot and will not tolerate abuse of any rules or regulations and the department will take appropriate disciplinary action if necessary.

Trooper Nugent is supposed to ask for permission to have a second job. When we asked about that the department had no comment.

State police policy says excessive use, using sick time when the trooper is not sick or a pattern of taking sick days around weekends and holidays are signs of sick leave abuse.


The Eagle-Tribune
Sunday, September 21, 2008

State considers closing loophole
that lets towns opt out of using civilian flagmen
By Jim Patten

The state is threatening to slam the door on a loophole allowing cities and towns to exempt themselves from Gov. Deval Patrick's proposal to start using civilian flagmen at some road construction projects.

This has police unions steaming, as they say the detail work has always been part of the collective bargaining process and should remain so.

The dispute stems from a clause in the governor's plan that exempts cities and towns from the rules if they have language in their police contracts or a municipal ordinance governing detail work, as long as it is in effect by Oct. 3.

This "grandfathering" provision was added out of respect for the collective bargaining process, said Klark Jessen, a spokesman for the state Department of Transportation. At the time, he said, there were only a dozen communities that had union contracts giving police the exclusive right to work road details.

But soon after the governor announced his plan, police unions across the state ramped up efforts to make sure their locals had such contract language in place, Jessen said. Haverhill police agreed to a new contract last month that contains wording that precludes the use of flagmen. And police unions in Lawrence and North Andover are trying to do the same in advance of the Oct. 3 deadline.

Methuen and Andover have had language guaranteeing them the right to work road details for years.

"We have language in place we are pretty certain is going to cover us," said Andover Patrolmens Union President Patrick Robb.

He said the contract does allow for the use of flagmen, but only when a police officer is unavailable for detail work. Even then, the job would first be offered to auxiliary officers, firefighters, state troopers, or officers from other agencies, such as the sheriff's department.

Language in the Methuen police contract specifically forbids the use of flagmen, according to Lt. Frank Korn, former patrolmen's union president.

If enough communities in the state go that same route, it would effectively render the governor's proposal moot.

For this reason, Jessen said officials are now considering removing the entire exemption provision from the new regulations. Due to the looming deadline, he said a decision would have to be made "soon."

He said the police were told that officials believe state law only permits them to bargain over wages, benefits and conditions of employment, and that the recent moves to amend police contracts show how this can get out of control,

Spokesmen for the International Brotherhood of Police Officers, and the New England Benevolent Police Association were critical of any plan to remove the grandfathering protections.

Jerry Flynn, executive director of the New England Benevolent Police Officers Association and a vocal opponent of the new detail regulations, said the state's actions fly in the face of legislative intent.

When it passed the regulations, he said the Legislature did not mandate a timeline or any changes to pre-existing collective bargaining agreements.

"They are trying to prevent our members from negotiating this issue despite the fact that, in the past, details have always been bargained over as a term and condition of employment," said Phil Petit, spokesman for the IBPO. "Chapter 150E (the public employee collective bargaining law) is the bedrock of our labor laws, and the Patrick Administration is attempting to tear it down.''

He said union leaders believe the issue is a local one that should continue to be dealt with on a local scale through negotiations with local officials rather than being regulated by the Commonwealth.

But there are others who feel that the governor is doing the right thing.

Barbara Anderson of the Citizens for Limited Taxation hailed the legislation, saying it is long overdue.

"I think (the governor and the Legislature) know there is a problem, and the problem is that people are fed up," she said. "I think they are giving the unions a chance to be reasonable, and if not, change it."


The Boston Globe
Monday, September 22, 2008

Unions lose on police details
Patrick moves to tighten rule for work sites
By Matt Viser

Governor Deval Patrick has toughened his new rules on police details at road construction sites, outmaneuvering local police unions that were making a last-minute push to get around efforts to rein in the costly assignments.

The governor eliminated a provision that would have allowed local police details to continue at all state-supervised work sites - even on lightly traveled roads where the danger is low - if a local labor contract or municipal ordinance required it.

The governor tightened the rules following a Globe story last week that said local unions were scrambling to exploit the provision and protect the lucrative details for their officers before the rules take effect Oct. 3.

Police officials were furious yesterday when told of the change, saying the new rules will dramatically reduce their ability to make public-safety decisions in their own communities.

"In my 25 years in law enforcement in this state, I have never worked with a more insensitive and arrogant administration that is simply unwilling to listen on this issue," said Arlington Police Chief Frederick Ryan, who is also a spokesman for the Massachusetts Major City Chiefs, which represents police chiefs in the state's largest communities.

"In a labor-friendly state like Massachusetts, it's outrageous that the administration would try to implement a policy that trumps labor's well-established . . . bargaining rights," he said.

An administration source briefed on the plan said the intent of the change was to treat all communities the same, regardless of what type of union contract they have negotiated with their police union.

"The administration decided to remove the provision and treat all communities equally," the source said, speaking on the condition of anonymity because the final plan has not yet been announced. "The elimination of this provision means that in any city and town, projects where the state is the awarding authority would fall under the regulations."

The new regulations, which are final and were obtained by the Globe last week, were filed late Friday with the secretary of state.

The last-minute revision could have a major impact in Boston, where contract language and city ordinances guarantee the use of police details at construction sites.

"You're kidding me," Thomas Nee, president of the Boston Police Patrolmen's Association, said yesterday when told of the regulations. "This is a complete surprise to us."

Mayor Thomas M. Menino declined to comment until reviewing the changes and exploring whether it would be legal for the state to trump local collective bargaining contracts.

"The mayor has not heard anything about these proposed regulations, and would be interested to learn how they'd impact the city," said Menino's spokeswoman, Dot Joyce.

Already, the Massachusetts Highway Department is preparing to place civilian flaggers on state projects early next month.

It will mark the first time police details are replaced, at a lower cost, with civilians to monitor construction projects in Massachusetts, the only state that automatically assigns police officers to nearly all utility and road work sites.

"Congratulations to the governor," said David Tuerck, executive director of the Beacon Hill Institute at Suffolk University and a longtime critic of police details. "The unions will dig in further and do whatever they can on the local level. But they've lost this battle."

The new regulations will place civilian flaggers on nearly all state roads where the speed limit is below 45 miles per hour, as well as on low-traffic roads where the speed limit is higher. Civilians would also be used at sites where barriers are used to block off construction sites on a high-speed, high-traffic road.

Some roads - generally those with speed limits of 45 miles per hour and above, and with more than 4,000 vehicles per day - would still rely on police officers to monitor traffic.

The state currently spends about $20 million to $25 million annually on police details. The new policy will mean annual savings to the state of between $5.7 million and $7.2 million, according to administration estimates.

Municipalities could still allow police details on projects that the state is not overseeing, such as locally funded road sites, utility projects, or private construction projects.

Administration officials have said they hope their new policy will set an example for municipalities, but there's nothing in the state regulations to compel local officials to challenge police unions and make changes on town or city roads.

Completion of the regulations marks a political victory for Patrick, who has overcome an issue that plagued his predecessors. However, the move has generated heated criticism from unions that are among the governor's biggest supporters.

At a public hearing last week on the regulations, Robert Haynes, president of the Massachusetts AFL-CIO, lashed out at the plan, saying it "reeks of political motivation."


The Boston Herald
Tuesday, September 23, 2008

A Boston Herald editorial
Deval Patrick stands up to police unions

Organized labor pulls the strings of many a politician on Beacon Hill but it appears the Democratic governor isn’t one of them - at least when it comes to expensive police details.

Yes, it seems Gov. Deval Patrick has managed to outmaneuver the powerful police unions, which were girded for battle over the lucrative detail assignments.

The governor, of course, has come out in favor of using civilian “flaggers” on road construction projects to save money, provided it can be done safely.

And the administration took the first step by releasing regulations last month authorizing flaggers for state-run projects on roads with a speed limit less than 45 miles per hour, or higher-speed roads that are lightly traveled.

But the regulations made an exception if a city or town’s collective bargaining agreement with police requires the use of uniformed officers.

In other words, a loophole you could drive a cruiser through.

That exception led to a scramble by the unions to get cities and towns to negotiate such requirements into their contracts before the regulations took effect Oct. 3. They even provided ever-so-helpful language that the local unions should propose.

But in filing the final regulations late last week the administration removed that exception. And barring some kind of legal action (which would hardly come as a surprise) civilian flaggers will be authorized on hundreds of active state highway projects beginning next month.

Now, as we’ve said before we’ll keep the champagne corked until we see an actual civilian in a Day-Glo vest directing traffic somewhere. The work will require training of civilians and the state expects a certain ramp-up period before they can be deployed.

And we repeat: We feel for those officers who rely on details to earn a pretty comfortable living. The trouble is, that comfortable living represents an unnecessary burden on the rest of us. That is fundamentally unfair and the Patrick administration has acknowledged it.


The Boston Herald
Monday, September 22, 2008

New police detail rules toughened
By Associated Press
[READERS' COMMENTS]

MassCop:

All the deval kissers think this is a big W for their pathetic cause. Not so much. We'll now have to get second jobs in order to alleviate our 40k yr jobs, so while you sit behind your computer making 100 plus k shaking your crooked finger at the cops, I'll be looking through the job postings...maybe I'll apply for that sweet faggers, *cough, I meant flaggers job OR just hammer every citizen who commits infractions. Hmm, I'll go with option B, so the next time you wiz past that lady in the crosswalk, get ready to eat that $200 fine. I'll see you in court, and get paid OT for being there...thanks joe citizen!

#389182 - Sep 22, 2008 3:04 PM EDT

----------------

MassCop:

That's exactly what is going to happen, and before all the detail, cop hating posters begin to rant calling us "ahole" cops, think about this. Cops enforce laws SET forth by the commonwealth, many of which are arrestable and most which impose monetary fines. I have preached with the view of educating and no punishing, however with a big paycut for me on the horizon, for just doing my job, I'll have to rethink the way i operate at work. So the next time you toss that butt out the window, you very well might see blue lights in your rearview.

#389358 - Sep 22, 2008 6:26 PM EDT

----------------


chipford:

MassCop wrote: "maybe I'll apply for that . . . flaggers job OR just hammer every citizen who commits infractions. Hmm, I'll go with option B, so the next time you wiz past that lady in the crosswalk, get ready to eat that $200 fine. I'll see you in court, and get paid OT for being there...thanks joe citizen!" --- Hey MassCop, that's the union way: fear and intimidation. Good job with the PR -- and proving the point "tuffcitydesigns" previously made: "If any company, group or group of individuals had devoted that amount of effort, coercion, intimidation and shear arrogance to such a ongoing venture they could then be said to be what? Organized crime? RICO." --- What ever happened to that "To Serve And Protect" we used to see and hear, MassCop? Just more PR when it comes to the brotherhood's extortion for personal profit it seems. When you can't pick your employers' pockets, you'll DO WHAT??? --- You don't deserve the uniform, a badge, and certainly shouldn't be issued a firearm! You are an embarrassment to the profession. You don't even deserve the position of flagman. --- Your ill-advised comment just added gas to the fire. Good job, MassCop.

#389400 - Sep 22, 2008 7:42 PM EDT

----------------

maryanne:

Chipford, you nailed it. Your last post was perfect.

#389464 - Sep 22, 2008 9:36 PM EDT

----------------

chipford:

Hey MassCop, one of your brothers in blue was caught red-handed scamming us taxpayers by the WBZ TV-4 I-Team last night. It's available on the WBZ-TV I-Team website, a state trooper who called in sick regularly so he could take out customers on his charter fishing boat. I guess he needed more money than even your beloved details could provide, MassCop. He's replaced the body-building "disabled" Boston firefighter (another of the class of so-called "disrespected and under-appreciated heroes") as the new poster child for public (safety) employee abuse of taxpayers. I call him "The Big One That DIDN'T Get Away"! What an ad for the "Yes on Question 1" ballot question committee. --- Trooper Fishing on Taxpayers' Dime --- http://wbztv.com/iteam/state.trooper.fishing.2.823298.html

#389632 - Sep 23, 2008 7:45 AM EDT


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