Say What?

By Walter E. Bader.

“Newspaper editorial pages are entitled to their own opinions—but not to their own facts. That seems to be a distinction that The Washington Post has a hard time making these days.” Such was the observation of Peter Hart of Fairness and Accuracy In Reporting nearly four years ago.

Certainly, nothing has changed at the Post.

On behalf of the Post’s bosses, an anonymous opinion writer, has both fabricated a false premise and used an out-of-context statement that I made during one of several conversations with Post reporters, including one lasting 39 minutes, as an excuse to once again attack and attempt to demonize Montgomery County, Maryland employees.

In an opinion published on Sunday, March 14 (“Please, don’t make us cheat!”), the Post made false and typically puerile accusations about county employees. This time the target was honest, hardworking, dedicated police officers who don’t need to be defended against spurious attacks by a gang of closed-minded and obsessed media thugs down in Washington, DC.

Post bosses have minimized the county’s mismanagement of the tuition assistance programs, but singled out for “special mention: the reaction of the police union to the inspector general’s report” on tuition assistance.

Say what?

Did the Post really say: “reaction . . . to the inspector general’s report?”

The inspector general’s report on tuition assistance was released on Monday, March 8. (See Report on Md. police tuition aid cites poor oversight, abuse, W. Post, Tuesday, March 9, 2010.) The alleged “reaction” over which the Post feigns outrage was taken from of an article written after a series of conversations I had with Post reporters. Each of those conversations occurred days before release of the inspector general’s report, specifically on March 3, 4 and 6. Importantly, I did not see (or know the contents of) any inspector general’s report until days after it was made public on March 8.

The Post made it up. There was no “reaction” “to the inspector general’s report.” It simply didn’t happen!

How ethical is that editorial?

Context

The Post knew, and even partially reported, that there are at least four education and training programs in Montgomery County. These programs are: (1) Employee Tuition Assistance Program for Police [“Police-ETAP”], (2) ETAP, (3) Job Improvement Tuition Assistance Program [“JITAP”], and (4) Police Training Funds. Only Police-ETAP and Police Training Funds are available to police officers under terms of our collective bargaining agreement.

JITAP was offered but rejected by the FOP in 1989 – 21 years ago – and is specifically excluded from our contract. Police Training Funds are administered by the police department while JITAP and two ETAP programs are administered by the Office of Human Resources.

Last Fall, FOP Lodge 35 became aware of certain allegations and took two significant actions. (1) On October 2, 2009, we filed a grievance setting forth in unusual detail the 40 year history of the Police Employee Assistance Tuition Program and demanded that the county “simply ‘review for compliance with established [contract] guidelines’ all applications for tuition assistance”. (2) On September 10, we met with then-County Attorney Leon Rodriguez and informed him that we had just recently become aware of mismanagement of funds and that money was spent by the Office of Human Resources in clear violation of our collective bargaining agreement. We offered cooperation with any investigation and were told that we would be contacted by an outside investigator retained by the county. (At the time, Mr. Rodriguez was counsel to both the county government and the inspector general.)

Amazingly, to date, we have not been contacted by either an investigator or the inspector general.

Referring to the County’s administration of the Montgomery County Police-ETAP and management’s approval of applications for training that did not qualify under that program, I commented to a Post reporter: “You're management. You're in charge. Don't approve it," This statement was not in reaction to any report. Rather, it was made in the context that training courses identified by management as “JITAP” were approved for payment by county management even though the JITAP program is not part of the police tuition program and management knew, or should have known, that.

My statement also was made with knowledge that certain religious courses had been approved by OHR management in violation of its own 1985 written determination.

These comments are consistent with what I told the Examiner as reported on December 13, 2009 where I “faulted county administrators for not enforcing existing rules, and said new rules aren't needed…. ‘The management side is broken, there's nothing broken with our contract.’"

The Office of Human Resources was delegated responsibility for administering tuition assistance benefits and had a fiduciary duty to review applications and either approve or disapprove them under terms of the various collective bargaining agreements. A tuition assistance application is a request, not a guarantee. Each application must be reviewed for compliance with the applicable program. There is no dispute that management received training requests from police officers, classified them as JITAP, but approved them anyway.

In speaking with the Post reporter, I stated more than once that I was commenting on the police tuition assistance program and training funding in general, but not the funding of training involving discounted guns since that matter was the subject of a civil suit filed by the county.

Early on March 7, I e-mailed to the same Post reporter a chart showing the FOP’s analysis that during slightly more than three fiscal years, a whopping $742,000 out of a little more than $1 million was spent on ineligible JITAP training. I also e-mailed to the same reporter a copy of the October 2, 2009 grievance.

As I told the reporter on March 6, we have recently learned that police management may have been supporting the use of tuition funds (under JITAP) as a substitute for police department training funds. Officers have merely relied upon management’s representations and actions.

Clearly, the police tuition system was so poorly administered that the scope expanded far beyond the parameters allowed by the collective bargaining agreement. Employees were led to believe that the program was more comprehensive than intended and, consequently, made application in good faith fully expecting that management would make the proper determination as to eligibility.

There was nothing “crooked” in any of this. It was classic mismanagement. Indeed, many, if not most, of the training programs classified as JITAP would have been totally appropriate for police department training funds. There can be no dispute that weapons and tactical skills and other job training are critical to officers’ ability to protect the community. (We need more, not less, training and education opportunities and it is management’s responsibility to provide timely and adequate funding.)

Post bosses didn’t do their due diligence either. Without regard for the facts, they claim that I “couldn’t find anyone to blame but management.” Based upon the facts available, I do fault management for not properly administering the benefit, for violating the contract, and for changing forms and procedures that improperly opened JITAP to police officers – and led officers to believe that the benefit had been expanded. I have concerns that management promoted JITAP as a substitute for department training funds which would have required supervisory endorsement.

Further, without benefit of either facts or context – or in blatantly disregard of both – Post bosses proclaim to speak for me by saying that “in [my] view, of course police officers will be crooked if given the opportunity!” Not only is the Post flat out wrong about police officers, they are not in a position to speak for me. It seems that the Post and its opinion writer are so fact deficient, self-absorbed and venomous that they are incapable of reason.

For Post bosses to assume that my opinion about the county’s mismanagement of a tuition benefit constitutes a “worldview” is just dumb.

The Post bosses’ allegation that the FOP itself had insisted on OHR tuition assistance approval without going through supervisors is flat out false and contrary to what OHR has said in the past. It doesn’t take an extra layer of bureaucracy to determine if a course is offered at a college or university. The Police-ETAP is the oldest tuition program in the county and historically has not required supervisory approval. However, nothing in our contract prevented OHR management from consulting with police management about any training or application.

The current approval process was promulgated by management, not the FOP, and merely subsumed into our first contract back in 1983. Remember, it was not ETAP that was at the center of the mismanagement, it was JITAP. JITAP does require supervisory review. The county’s OHR categorized most of the questioned training as JITAP. OHR simply should not have approved JITAP for any bargaining unit police officers and instead referred them to the department training fund.

Facts get in the way of every good story – except at the Washington Post.

Walter E. Bader is the Executive Director of the Fraternal Order of Police Lodge 35.

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MPW Reader Translates Leggett Statement on Traffic Lights

OK, we shouldn't print this. Absolutely not. It's a sin! But we have to do it because it's too damn funny.

Many of our readers have suffered through the abominable Montgomery County traffic light crisis, which the county now claims is fixed. Following is the statement from the County Executive on the problem's resolution.

Statement of Montgomery County Executive Isiah Leggett Regarding Breakthrough in the Repair of the Traffic Signal Computer System

November 5, 2009; 6 p.m.

"I am very happy to announce that there was a breakthrough during the evening rush hour today in our efforts to repair the County's traffic signal computer. Engineers have isolated the problem and have been successful in reestablishing the connection between the computer and the traffic signals, with the result that most of the intersection signals are now responding to our commands.

"The system is fixed, but we continue to work on individual signals that are not consistently responding. We will continue to monitor it throughout the evening and overnight but we anticipate that tomorrow morning's rush hour will be much smoother.

"To continue to assist commuters, Ride On buses will be free again on Friday.

"For the longer term, I have directed staff to provide me with a plan as to how we can accelerate my ongoing $35 million project to upgrade and modernize our traffic management system

"I appreciate the patience of our residents and commuters: I know it has been a rough couple of days in Montgomery County. I know because I've been stuck in traffic too.

"And, I especially want to thank Montgomery County's dedicated and talented workforce, and especially our traffic engineers and technicians. They have made an incredible effort and worked tirelessly 24/7 since this problem occurred to get it resolved."

Walt Bader, Immediate Past President of the Fraternal Order of Police Lodge 35, provided this translation:

TRANSLATION -- Statement of Montgomery County Executive Isiah Leggett Regarding Breakthrough

Since being elected, I have avoided the responsibilities of leadership, hid behind the county council, and followed my subordinate department heads. Now the friggin traffic lights are out of sync and the masses, I mean voters, are pissed. Lookin' for somebody to blame. My ass is hanging out 'cause I'm the Executive and this week's elections look like the voters are holding elected folks accountable. Hate that word, "accountable." What to do?

Got it! I'll do like normal and pretend I'm not responsible for the problem. Then, once it gets fixed, the masses, I mean voters, will be happy as hell. At just that moment of elation, they will hear that I too "am very happy to announce that there was a breakthrough," that's right, a "breakthrough," and I have fixed the problem that I am responsible for in the first instance!

Brilliant.

The people will be happy that I am happy.

Now that we are all happy, I want you suckers to know that I'm going to monitor this bitch. Even better, I'm throwing in an extra day of free bus service for you people who never have, and never will step onto a RideOn bus. I don't care if you RideOn or not -- just like when you get the coupon from a plumber who offers a free toilet unclog, although your toilet isn't clogged, you think what a great plumber this is -- you will feel good about me.

Yeah, I have neglected and delayed an upgrade to our traffic systems, but here's the beauty in my failures. I can get some political mileage by declaring that, "For the longer term, I have directed staff to provide me with a plan as to how we can accelerate my [Tim, need a better word than 'delayed', yeah, 'ongoing'] ongoing $35 million project to upgrade and modernize our traffic management system."

"I appreciate the patience of our residents and commuters: I know it has been a rough couple of days in Montgomery County. I know because I've been stuck in traffic too."

Only you suckers had to drive yourselves. Chumps. I have drivers. Bet you'll never figure out who pays for that perk!

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My Nominations For the Most Influential People List

By Walter E. Bader.

Politicians, political appointees, bureaucrats, labor leaders, the MSM media elite, and others have the inclination and resources to self-congratulate and fawn over one another for whatever reasons they do those things. Meanwhile, the real people who live their lives, work hard, raise families, and make valuable contributions to their community simply do not care about rubber chicken affairs, political banquets or awards ceremonies. Yet, these people, individually and collectively, work hard and most definitely affect people’s lives at the most basic and important levels.

Therefore, I nominate the Average Worker who lives or works in our community. (I cast all ten votes for the Average Worker.)

Who is more important and has more of an influence on our lives (and on whether we will live or die) than the medical doctor, nurse, EMT or paramedic, police officer, the high power lineman?

Who has more influence on our children and the quality of this County’s future workforce than the teacher, teacher aide, librarian, or parent?

Who is most important when we are building or repairing our houses than the carpenter, plumber, electrician, or other skilled craftsman or laborer?

Who is more important in building our infrastructure than the construction worker, engineer, safety worker, or equipment operator?

We tend to take for granted the hospice worker, trash collector, mortician, street sweeper, highway maintenance worker until we need them. When we do, it is often a personal emergency or matter of public health and safety.

Congress takes recesses, the state legislature meets for only 90 days each year and the County Council meets in legislative session about once a week and takes long breaks. County managers take off on vacations and get County holidays off. Meanwhile the community depends on the Average Worker being on the job and cannot wait two weeks for a trash pickup, police response, fire truck or ambulance, water main break repair, or emergency surgery.

I think we are all more influenced by the competence and dedication of the average worker than we are by others who may make the list.

Walter E. Bader is the Immediate Past President of the Fraternal Order of Police Lodge 35.

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