Fraternal Order of Police Presidential Questionnaire www fop net 2019 National Fraternal Order of Police 2020
701 Marriott Dr Nashville TN 37214 615 399 0900 800 451 2711 Fax 615 399 0400 National Executive Board Patrick Yoes President Joe Gamaldi Vice President Jimmy Holderfield Secretary Tom Penoza Treasurer National Trustees vote for each state on September 4 2020 Les Neri 2nd Vice President SCREENING COMMITTEE Keith Turney Sgt at Arms John McNesby Rob Pride Western States Association Stephen Schulz Chris Southwood Chairman of Trustees Executive Director Jim Pasco Jason Smith Urban Policing Committee Labor Coalition Great Lakes Coalition Darrell Basco Southern States Association www fop net 2019 National Fraternal Order of Police 2020 2
PRESIDENTIAL CANDIDATE QUESTIONNAIRE DIRECTIONS TO CANIDATES The following questionnaire prepared by the National Legislative Office is being provided to the Presidential Screening Committee at the direction of National President Patrick Yoes The following is a brief summation of the top legislative priorities of the Fraternal Order of Police Social Security issues Support H R 141 S 521 the Social Security Fairness Act and Oppose Mandatory Participation in Social Security The FOP strongly supports the repeal of both the Windfall Elimination Provision WEP and the Government Pension Offset GPO The FOP vehemently opposes legislation which would mandate participation in Social Security for public employees or new hires who are currently outside the Social Security system Support H R 1195 S 473 the Law Enforcement Officers Equity Act The FOP strongly supports legislation expanding the definition of law enforcement officer for salary and retirement benefits to include all Federal law enforcement officers www fop net 2019 National Fraternal Order of Police 2020 3
QUESTIONNAIRE DIRECTIONS TO CANIDATES Support H R 1154 S 1394 the Public Safety EmployerEmployee Cooperation Act The FOP strongly supports legislation which would guarantee the right of public employees to bargain collectively with their employers over hours wages and conditions of employment The goal of this legislation is to have each State pass a law providing minimum collective bargaining rights to their public safety employees and outlines certain provisions to be included in those laws Strikes and lockouts would be prohibited and States with collective bargaining laws already on the books will be exempt from any Federal statute Support the State and Local Law Enforcement Discipline Accountability and Due Process Act The FOP strongly supports a bill of rights for law enforcement officers who are in a number of jurisdictions denied their due process rights by police administrators and management in noncriminal proceedings There is a need for a minimum level of procedural protections for law enforcement officers accused of administrative wrongdoing because of the gravity of potential harm to officers created by this lack of uniform safeguards www fop net 2019 National Fraternal Order of Police 2020 4
Joe Biden Cover Letter Members of the Fraternal Order of Police Attached you will find my answers to your questionnaire I thought it might be useful for you to first read my thoughts about this crisis we face in society the division being sown nationally and how we regain trust in policing and make our communities safer As soon as I heard of the events in Minneapolis I had a reaction similar to that of your president when he said that George Floyd s killing had diminished the trust and respect our communities have for law enforcement and that the task now is to rebuild that trust That is clearly our task going forward to bring everyone together and find consensus through an honest thoughtful and determined debate on the role of police in our society Every American wants the same thing a safe neighborhood and a fair Continued on next page www fop net 2019 National Fraternal Order of Police 2020 5
Joe Biden Cover Letter Continued shot at success for their families That common ground is obstructed by those like President Trump who want to drive a wedge and exploit division using divisive rhetoric that labels critics of the police as a symbol of hate as President Trump has done We need to lower the temperature and engage in respectful dialogue Throughout my career I have not just viewed rank and file law enforcement officers as partners I ve ensured that you are heard every single time our nation considers law enforcement and criminal justice issues As President you know that I will make sure you have a seat at the table Just look at my record As a Senator I wrote the legislation that created the Community Oriented Policing Services COPS program On multiple occasions I also personally led the effort to increase and Continued on next page www fop net 2019 National Fraternal Order of Police 2020 6
Joe Biden Cover Letter Continued expand the amount paid to families of public safety officers killed and permanently disabled in the line of duty As Vice President when I spoke at the memorial service for slain NYPD Officer Rafael Ramos in 2014 I said Being a cop was not what they did it was who they were like every man and woman in uniform here today It s who you are And they like every one of you in uniform inside this church and outside you all joined for essentially the same reason There was something about you that made you think you could help that you should serve that you had a duty President Trump says he is a friend of law enforcement but look at his actions When it is a choice between the National Rifle Association NRA and protecting this country President Trump chooses the NRA every time even when it means police are outgunned by criminals For example he Continued on next page www fop net 2019 National Fraternal Order of Police 2020 7
Joe Biden Cover Letter Continued opposes a ban on assault weapons When President Trump has put forward his federal budget proposal to make clear his values and priorities he s the one defunding the police proposing to cut more than 465 million in Justice Department aid to state and local law enforcement When cities and states are in desperate need of emergency aid to keep law enforcement officers educators and firefighters on the job during this economic crisis President Trump hasn t done anything to get the House passed 1 trillion in state and local aid onto his desk And let me be clear you have been failed by this President s complete mismanagement of COVID 19 By year s end coronavirus will be the leading cause of police deaths in America more than line of duty fatalities Our nation must reform our policing Continued on next page www fop net 2019 National Fraternal Order of Police 2020 8
Joe Biden Cover Letter Continued and criminal justice system but I won t forget that the vast majority of our police officers are driven by an abounding sense of service and duty to their communities I won t forget that the overwhelming number of police officers are ethical brave and decent men and women who want the same things that all of us yes including the protestors want a safe community where their families have a fair chance at success Black mothers and fathers should feel confident that their children are safe walking the streets of America And when a police officer pins on that shield and walks out the door the officer s family should know they ll come home at the end of the day I know we can change our nation s policing in smart and sensible ways as I have detailed in this questionnaire It is in the public s interest and in your interest as Continued on next page www fop net 2019 National Fraternal Order of Police 2020 9
Joe Biden Cover Letter Continued officers aiming to serve as guardians of your communities to get rid of bad officers to hold all officers to the highest standards and to ensure swift action to address abuses of power There are so many positive actions we can and should take and that certainly makes more sense than eliminating police departments or defunding the police I began my campaign with the recognition that we re in a battle for the soul of the nation Four more years of division and intolerance from our nation s leadership could forever fracture the important bond between police officers and the communities you serve and protect The division we see in our country is only going to make life worse for police not better It will make it harder to patrol dangerous areas not easier You know me You ve known me for Continued on next page www fop net 2019 National Fraternal Order of Police 2020 10
Joe Biden Cover Letter Continued decades Sometimes we agree sometimes we do not But you are always heard and you always will be That is the way we strengthen our nation Thanks for listening and let s continue to talk Sincerely Joe Biden www fop net 2019 National Fraternal Order of Police 2020 11
Donald Trump Cover Letter Jul 17 2020 Jim Pasco Executive Director National Fraternal Order of Police Jim Please find attached the completed National Fraternal Order of Police candidate questionnaire for President Donald J Trump We look forward to hearing back from you regarding next steps for the FOP endorsement process Best regards Bob Robert A Paduchik Senior Advisor for Labor Law Enforcement www fop net 2019 National Fraternal Order of Police 2020 12
Section One Employee Rights Issues EMPLOYEE RIGHTS ISSUES Question 1 Social Security WEP GPO The Fraternal Order of Police strongly supports H R 141 S 521 the Social Security Fairness Act which would repeal both the Windfall Elimination Provision WEP and the Government Pension Offset GPO in current law The WEP penalizes certain public employees who also worked in the private sector and paid into the Social Security system through a substantial reduction in their benefits because they also collect a government pension The GPO provision in current law causes the reduction or elimination of the spouse s or widow er s benefit from Social Security by two thirds of the monthly amount received from the government pension The FOP has called for Congress to repeal the WEP and GPO as part of a legislative package in response to the COVID 19 pandemic to simultaneously end a gross unfairness against retired public employees and help to stimulate the economy by eliminating a reduction in the Social Security benefits for these Americans We believe that the repeal of these two provisions will help our vulnerable retirees and will help stabilize our nation s economy Have you ever cosponsored of this legislation If elected will your Administration actively support its enactment and will you sign the bill if it is passed by Congress www fop net 2019 National Fraternal Order of Police 2020 13
Section One Employee Rights Issues Question 1 Social Security WEP GPO BIDEN TRUMP Yes I support full repeal of the WEP and GPO offsets Current rules penalize public sector workers who either switch jobs or who have earned retirement benefits from various sources I will get rid of the benefit cuts for workers and surviving beneficiaries who happen to be covered by both Social Security and another pension These workers deserve the benefits they earned I have not sponsored or co sponsored any legislation The actions you are asking me to support are those that should be considered by Congress without the interference or influence of the President or others in the executive branch We have in this country had far too much of imperialism in the chief executive Congress which represents the people should do their jobs If the legislation comes to my desk with bipartisan support I will sign the legislation as long as it does not burden taxpayers with costs not otherwise anticipated or for which we have not budgeted www fop net 2019 National Fraternal Order of Police 2020 14
Section One EMPLOYEE RIGHTS ISSUES Question 2 Attacks on Policing In the past few years politicians at the Federal State and local level have demonized public sector unions including unions representing law enforcement officers Law enforcement officers who put themselves in harm s way to protect their neighborhoods and communities are being held up as objects of scorn and ridicule by these politicians who cite the cost of their hard earned pensions and benefits as the reason for the government s fiscal woes What will you and your Administration do to halt these politically motivated attacks on public safety unions and how will your Administration bolster these organizations BIDEN TRUMP Strong unions built the great American middle class Everything that defines what it means to live a good life and know you can take care of your family the 40 hour work week paid leave health care protections a voice I have the utmost respect for organizations public and private and the right to collectively bargain However it is not the role of the President to involve him or herself in activities at the local or state level There are Continued www fop net 2019 National Fraternal Order of Police 2020 Continued 15
Section One Employee Rights Issues Question 2 Attacks on Policing BIDEN TRUMP in your workplace is because of workers who organized unions and fought for their fellow workers Public sector unions provide the voice that public sector workers need to ensure they can serve their communities and receive the pay and benefits they deserve But President Trump has done everything he can to undermine workers rights to unionize and collectively bargain time and time again picking management over workers The federal government should serve as a role model for employers to treat their workers fairly Yet through a series of executive orders President Trump ample elected representatives and plenty of state laws that govern the collective bargaining process at those levels The executive branch of the federal government has to deal with public unions at that level and should not be involved in government business where there is no Constitutional authority Continued www fop net 2019 National Fraternal Order of Police 2020 15
Section One Employee Rights Issues Question 2 Attacks on Policing BIDEN has gutted the ability of federal employees to collectively bargain stripped them of their union representation and made it easier to fire federal employees without just cause On my first day in office I will restore federal employees rights to organize and bargain collectively and will direct my agencies to bargain with federal employee unions over nonmandatory subjects of bargaining As President I will work to provide a federal right to union organizing and collective bargaining for all public sector employees and make it easier for those employees who serve our Continued www fop net 2019 National Fraternal Order of Police 2020 16
Section One Employee Rights Issues Question 2 Attacks on Policing BIDEN communities to both join a union and bargain I will fight for and sign into law the Public Safety Employer Employee Cooperation Act and Public Service Freedom to Negotiate Act www fop net 2019 National Fraternal Order of Police 2020 17
Section One EMPLOYEE RIGHTS ISSUES Question 3 Mandatory Inclusion in Social Security In 2001 the Commission to Strengthen Social Security CSSS issued a report which rejected a scheme to mandate participation in Social Security for newly hired State and local government employees currently outside the Social Security system Will you pledge to oppose any plan and to veto any legislation which includes a provision mandating participation in the Social Security system for either current or newly hired State and local government employees that do not currently participate in Social Security BIDEN I strongly oppose this mandate My plan for Social Security will provide higher benefit levels for vulnerable beneficiaries increase benefits across the board by adopting a more accurate inflation rate and shore up Social Security s long term finances by extending the payroll tax to earnings Continued TRUMP The national government Congress or the President should not interfere in state and local activities Agreements struck at those levels that do not violate the Constitution should be left alone by those at the federal level This includes rule makers and nonelected members of the executive branch www fop net 2019 National Fraternal Order of Police 2020 18
Section One Employee Rights Issues Question 3 Mandatory Inclusion in Social Security BIDEN over 400 000 My Social Security approach does not mandate that states bring uncovered public sector workers either current or newly hired into the Social Security universe www fop net 2019 National Fraternal Order of Police 2020 19
Section One EMPLOYEE RIGHTS ISSUES Question 4 Collective Bargaining Rights The Fraternal Order of Police strongly supports legislation which provides minimal collective bargaining rights for public safety employees i e law enforcement officers and firefighters What is your position on public employee collective bargaining The FOP strongly supports H R 1154 S 1394 the Public Safety Employer Employee Cooperation Act If elected will your Administration actively support the enactment of similar legislation and will you sign the bill if it is passed by Congress Would you also support similar provisions that would allow uniform and nonuniform Federal law enforcement officers to unionize and engage in collective bargaining TRUMP BIDEN As President I will establish a federal right to union organizing and collective bargaining for all public sector employees and make it easier for those employees who serve our communities to both join a union and bargain I will The President does not have Constitutional authority to interfere in matters that are to be decided and adjudicated at the state or local level I respect the right of organizations to engage in collective bargaining if Continued www fop net 2019 National Fraternal Order of Police 2020 Continued 20
Section One Employee Rights Issues Question 4 Collective Bargaining Rights BIDEN TRUMP do so by fighting for and signing into law the Public Safety Employer Employee Cooperation Act and Public Service Freedom to Negotiate Act I will also reverse President Trump s executive orders that gutted the ability of federal employees to collectively bargain stripped them of their union representation and made it easier to fire federal employees without just cause On my first day in office I will restore federal employees rights to organize and bargain collectively and will direct my administration to bargain with federal employee unions over non mandatory subjects of bargaining that is what is determined to be in the mutual interests of both sides This should be applied at the local state and federal level www fop net 2019 National Fraternal Order of Police 2020 21
Section One EMPLOYEE RIGHTS ISSUES Question 5 Due Process Rights The Fraternal Order of Police strongly supports legislation which would articulate the rights of law enforcement officers who are in too many jurisdictions denied their due process rights by police administrators and management If elected will your Administration actively support such legislation and will you sign such a bill if it is passed by Congress TRUMP BIDEN As President I will support due process rights for all public employees including law enforcement It is beyond the Constitutional purview of the President to interfere in state and local matters It should also be beyond the enumerated powers of Congress to pass legislation that deals with local and state government matters We have had far too much of that in recent administration The best government is that which is closest to the people www fop net 2019 National Fraternal Order of Police 2020 22
Section One EMPLOYEE RIGHTS ISSUES Question 6 Law Enforcement Officers Equity Act The Fraternal Order of Police strongly supports H R 1195 S 473 the Law Enforcement Officers Equity Act which would expand the definition of law enforcement officer under the Civil Service Retirement System and the Federal Employees Retirement System to include all Federal police officers as well as Customs and Immigration Inspectors What is your position regarding the current disparity in the pay and benefits provided to law enforcement officers across the Federal government and what measures will you support to ensure parity among the Federal government s public safety officers If elected will your Administration actively support its enactment Will you sign the bill if it is passed by Congress TRUMP BIDEN Yes I support parity in pay across Federal agencies with respect to public safety officers If Congress passes legislation that will level the playing field for all federal law enforcement officers and the legislation is bipartisan I will consider signing the legislation into law if it is in the best interest of America and all Americans www fop net 2019 National Fraternal Order of Police 2020 23
Section One EMPLOYEE RIGHTS ISSUES Question 7 COVID 19 Support to Local State More than 90 of our nation s law enforcement officers responding to the COVID 19 pandemic are employed by local and State governments Efforts to protect public health at this time have had a devastating economic impact on local and State governments which are in need of direct Federal financial support to ensure that vital services like public safety remain available Congress has provided unprecedented aid to businesses and other segments of our economy but not enough has been made available to our State and local governments How will your Administration support local and State governments and ensure they have the financial means to provide full public safety services TRUMP BIDEN President Trump is not responsible for the coronavirus but he is responsible for failing to address the virus His failure has cost lives including lives of police officers across the I have always been prosafety pro police and anti crime While those on the Radical Left talk about defunding the police and as liberal mayors turn their backs on law enforcement I vow to Continued www fop net 2019 National Fraternal Order of Police 2020 Continued 24
Section One Employee Rights Issues Question 7 COVID 19 Support to Local State BIDEN TRUMP country And it has worsened our economic recession straining state and local budgets Let me be clear you have been failed by this President s mismanagement of COVID More cases throughout society means more danger for police Your jobs require interacting with strangers without time for health screens And the toll on police is already stark By year s end coronavirus will be the leading cause of police deaths in America more than line of duty fatalities As President I will enact a whole ofgovernment plan to defeat this virus and it will benefit police officers more than perhaps anyone else always defend the police and back the blue As President I have taken Executive Action to provide new resources to improve public safety and law enforcement around the country and I will continue to do so The Administration will work with the Congress to find a bipartisan solution to this important issue Continued www fop net National Fraternal of Police Police 2019 2020 National Fraternal Order Order of 25
Section One Employee Rights Issues Question 7 COVID 19 Support to Local State BIDEN I have released several plans to deal with the ongoing economic and public health fallout from the COVID 19 pandemic Months ago I warned that as this crisis unfolds states are going to get crushed under the weight of falling revenues combined with far higher emergency financial burdens Cops firefighters and teachers are going to be at risk of losing pay The U S House of Representatives has passed legislation the HEROES Act that would provide roughly 1 trillion of state and local emergency funding President Trump should be demanding that Senator McConnell bring this bill to the Senate floor for a vote Continued www fop net National Fraternal of Police Police 2019 2020 National Fraternal Order Order of 27
Section One Employee Rights Issues Question 7 COVID 19 Support to Local State BIDEN but President Trump is not fighting for this essential funding for our essential state and local workers I would make sure the federal government provides the relief that communities on the front lines need to put their full resources behind the public health response without forcing painful and damaging cuts to public services education and public safety and to deal with extraordinary economic circumstances like helping with missed rent and other payments for those facing significant hardship Key to ensuring that local and state governments have the resources they need is my proposed State and Local Continued www fop net National Fraternal of Police Police 2019 2020 National Fraternal Order Order of 28
Section One Employee Rights Issues Question 7 COVID 19 Support to Local State BIDEN Emergency Fund which would cushion the economic impacts in local communities Resources will be allocated according to a formula 45 to state governments 45 to local governments and 10 reserved for special assistance for hotspots of community spread The relief will be designed to be automatically extended upon certification by the federal government of a continuing health or economic threat determined by clear health and economic criteria This is critical to ensure that our political and legislative stalemates do not prevent additional rounds of funding from Continued www fop net National Fraternal of Police Police 2019 2020 National Fraternal Order Order of 29
Section One Employee Rights Issues Question 7 COVID 19 Support to Local State BIDEN moving out swiftly when it is needed most This Fund will provide state and local leaders with resources and flexibility for responding to the immediate health crisis and economic fall out in ways that best address the needs of their towns cities and states For example to both deal with additional needs due to COVID 19 or to address resulting declines in employment the fund will be authorized to finance existing or new local and state jobs initiatives Funds could also provide help for employers to keep workers on the job or to do work sharing with part time relief to workers when they are impacted by falls in Continued www fop net National Fraternal of Police Police 2019 2020 National Fraternal Order Order of 30
Section One Employee Rights Issues Question 7 COVID 19 Support to Local State BIDEN economic demand or recession I have also called for giving all frontline workers high quality and appropriate personal protective equipment and enough of it and appropriate training to use it so they don t become infected If our first responders and public safety officers cannot function we cannot protect and care for the public My plan calls for issuing guidance to states and localities to ensure first responders and public health officials are prioritized to receive protective personal equipment and launching an education campaign to inform the general public Continued www fop net National Fraternal of Police Police 2019 2020 National Fraternal Order Order of 31
Section One Employee Rights Issues Question 7 COVID 19 Support to Local State BIDEN about equipment that should be reserved for professionals As commander in chief it s President Trump s responsibility to get workers including public safety officers what they need President Trump should immediately task a Supply Commander to take command of the national supply chain for essential equipment medications and protective gear We can no longer leave this to the private sector The Supply Commander should work with every governor to determine their needs and then coordinate production and delivery of those needs in a timely and efficient manner And Continued www fop net National Fraternal of Police Police 2019 2020 National Fraternal Order Order of 32
Section One Employee Rights Issues Question 7 COVID 19 Support to Local State BIDEN the Supply Commander should direct the distribution of critical equipment as cases peak at different times in different states or territories That goes for ventilators masks gowns face shields lab equipment tests and testing components medicines and all other critical materials The Supply Commander should report directly to President Trump not get buried in the bureaucracy and transparently update the public daily on progress Where they haven t states and territories should each appoint their own Supply Leads to coordinate with the federal effort and Continued www fop net National Fraternal of Police Police 2019 2020 National Fraternal Order Order of 33
Section One Employee Rights Issues Question 7 COVID 19 Support to Local State BIDEN ensure a special emphasis on communities with traditionally underserved populations This means requiring uniform data reporting to uncover the true extent of health disparities from COVID 19 and ensuring lifesaving equipment and supplies reaches them The National Governors Association can assist in this effort by helping aggregate state s demand in a uniform way with common definitions and reporting www fop net National Fraternal of Police Police 2019 2020 National Fraternal Order Order of 34
Section One EMPLOYEE RIGHTS ISSUES Question 8 COVID 19 Support to Local State At the Federal level the Occupational Safety and Health Administration OSHA considers an injury or illness to be workrelated if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre existing condition The U S Department of Labor DOL the Office of Workman s Compensation Programs OWCP changed its procedures to specific COVID 19 claims If a COVID 19 claim is filed by a person in high risk employment including law enforcement officers the Office of Workers Compensation Programs OWCP will accept that the exposure to COVID 19 was proximately caused by the nature of the employment If the employer supports the claim and that the exposure occurred and the claim is filed within 30 days the employee is eligible to receive Continuation of Pay for up to 45 days The FOP appreciates the procedural change we believe the statute must be amended Will your Administration actively support amending Federal law to codify the presumption that exposure to viruses like COVID 19 occurs in the line of duty Would you sign such a bill if passed by Congress www fop net 2019 National Fraternal Order of Police 2020 35
Section One Employee Rights Issues Question 8 COVID 19 Support to Local State BIDEN TRUMP Yes As President I will ensure that the Federal Employees Compensation Act Program presumes workers who were exposed while on the job are covered if their job puts them in direct contact with infected individuals I will also encourage states to adopt this presumption I fully support law enforcement I will work with the Department of Labor and the Congress to see what options are available to us and implement in a way that supports law enforcement www fop net 2019 National Fraternal Order of Police 2020 36
Section One EMPLOYEE RIGHTS ISSUES Question 9 PTSD Mental Health The FOP also believes that the Federal Employees Compensation Act FECA needs to be amended to specifically address mental health and wellness needs of Federal law enforcement officers As studies have shown and the experience of over two decades of war have proven Post Traumatic Stress Disorder PTSD is an unseen psychological injury that can be just as debilitating as any physical injury Undiagnosed or unaddressed PTSD or other mental wellness issues impacts officer performance negatively as well as in their quality of life Coupled with depression and substance abuse issues the mental and spiritual issues may ultimately lead the officer to take his own life The veterans and law enforcement communities are struggling to address the high rates of suicide and one of the most effective mitigation factors to reduce suicide is often early and aggressive intervention in the form of peer or professional counseling What will your Administration do to ensure that Federal law and FECA rules clearly account for these traumas like PTSD or other diagnosis www fop net 2019 National Fraternal Order of Police 2020 37
Section One Employee Rights Issues Question 9 PTSD Mental Health BIDEN I believe it is critical that we acknowledge that law enforcement officers are at greater risk for PTSD and suicide due to their work Officers regularly deal with death and violence respond to the epidemic of opioid overdoses and risk their lives trying to stop mass shootings The Office of Workers Compensation Programs OWCP in the U S Department of Labor has already committed to reviewing PTSD claims under FECA from employees who work in high risk zones like combat fields abroad I will work to ensure that PTSD claims under FECA are broadened to include law enforcement officers so that first responders who are working in high risk Continued TRUMP I have made access to mental health treatment a priority of my Administration More than eight million Americans struggle with PTSD and I want them to know that they are not alone I agree wholeheartedly that officer wellness is a problem and I have thought for a while that this is a problem On June 16 2020 I signed the Law Enforcement Suicide Data Collection Act As implemented the Department of Justice will provide valuable data for my administration to develop comprehensive and wholistic approach to the officer wellness problem My administration will continue to partner with FOP on this issue and continue to improve the lives of law enforcement officers www fop net 2019 National Fraternal Order of Police 2020 38
Section One Employee Rights Issues Question 9 PTSD Mental Health BIDEN scenarios have the support they need to address mental health and wellness needs that arise from their line of duty As a society we need to work together to eliminate the stigma felt by those who are experiencing mental health issues Mental health should be treated just as physical health by our culture our laws and health insurance companies I have been a longtime advocate for mental health parity requiring insurance companies that cover mental health services to treat mental health the same as physical health and as president will make sure parity requirements are strictly enforced At this very moment Continued www fop net 2019 National Fraternal Order of Police 2020 39
Section One Employee Rights Issues Question 9 PTSD Mental Health BIDEN President Trump is supporting a lawsuit attempting to repeal the entire Affordable Care Act including its requirement that insurers cover mental health services as an essential health benefit If he succeeds insurers will once again be able to get away with refusing to provide any mental health benefits I will defend the Affordable Care Act and build on it to expand the number of people with health insurance and lower health care costs www fop net 2019 National Fraternal Order of Police 2020 40
Section One EMPLOYEE RIGHTS ISSUES Question 10 Mental Health Wellness Act The current pandemic represents a new physical threat to our law enforcement officers but the heightened vigilance rising crime and mental stress endured by these officers is as old as the profession itself and often exacts a toll on their mental health Our law enforcement agencies need to do more than simply protect their officers physical safety they must also do more to improve their mental wellness and resiliency The Office of Community Oriented Policing Services COPS issued a report to Congress pursuant to the enactment of the law Enforcement Mental Health and Wellness Act How will your Administration seek to implement the recommendations in this report TRUMP BIDEN As President I will ask my director of the COPS Office to identify as appropriate executive actions as well as legislation we should work on with Congress to implement the recommendations in this Continued As you are aware I was proud to sign that landmark legislation into law which addressed the health and wellness of police officers nationwide An area that had sorely been neglected under Obama Biden Continued www fop net 2019 National Fraternal Order of Police 2020 41
Section One Employee Rights Issues Question 10 Mental Health Wellness Act BIDEN TRUMP report For example I will call for increased resources for mental health and resilience support for first responders including police officers and firefighters that anyone would need after being exposed again and again to such trauma This is in line with the report s recommendation for the expansion of peer support programs as well as the identification development and delivery of successful resiliency training programs I also support other recommendations from the report including increasing the number of mental health professionals working with law enforcement If elected I will continue to build on the foundations which we have laid together for addressing the critical issue of officer safety and wellness Continued www fop net 2019 National Fraternal Order of Police 2020 42
Section One Employee Rights Issues Question 10 Mental Health Wellness Act BIDEN I will also make a multifaceted substantive and sustained commitment to addresses the mental health issues of all Americans as the public health emergency that it is This includes tackling issues that contribute to higher suicide risk for certain populations implementing programs to disseminate high quality treatments for PTSD 10 ensuring that people have access to the best treatment available no matter where they receive care and instituting policies that seek to eliminate barriers to access www fop net 2019 National Fraternal Order of Police 2020 43
Section One EMPLOYEE RIGHTS ISSUES Question 11 Overtime Cost During Pandemic The FOP has called on Congress to establish a new program within the Office of Community Oriented Policing Service COPS to assist State and local law enforcement agencies for overtime costs as well as for sick and administrative leave costs as they respond to the pandemic Would your Administration actively support the establishment of such a program and pledge to fully fund it BIDEN TRUMP There is no substitute for ensuring worker safety but all frontline workers including state and local law enforcement putting their lives on the line during this public health crisis should receive premium pay for their work The Trump Administration should immediately work with Congress to pass a bold Yes my administration will continue to work with Congress to provide the resources needed to support law enforcement Continued www fop net 2019 National Fraternal Order of Police 2020 44
Section One Employee Rights Issues Question 11 Overtime Cost During Pandemic BIDEN premium pay initiative Under the Senate Democrats Heroes Fund proposal the federal government would step in and give essential workers a raise This premium pay should be in addition to the paid sick leave program I have called for We should immediately institute an emergency paid leave program that will ensure that all workers can take paid leave during the COVID 19 crisis My proposal calls for passage of the Healthy Families Act with the addition of an emergency plan that will require 14 days of paid leave for those who are sick exposed or subject to quaratines while also ensuring that employers Continued www fop net 2019 National Fraternal Order of Police 2020 45
Section One Employee Rights Issues Question 11 Overtime Cost During Pandemic BIDEN will not bear any additional costs for such additional leave in the midst of this crisis My plan also calls for providing reimbursement to employers or when necessary direct payment to workers for up to 14 days of paid sick leave or for the duration of mandatory quarantine or isolation This will be in addition to existing paid leave provided by a business s existing policies I have also called for an immediate increase of federal resources to cover all necessary federal costs in responding to the pandemic as well as the creation of a State and Local Emergency Fund that gives state and local leaders the power to meet Continued www fop net 2019 National Fraternal Order of Police 2020 46
Section One Employee Rights Issues Question 11 Overtime Cost During Pandemic BIDEN critical health and economic needs to combat this crisis Governors and mayors will be given significant flexibility to ensure that they can target their health and economic spending where it is most needed in their respective states and cities which includes providing overtime reimbursements for law enforcement and first responders www fop net 2019 National Fraternal Order of Police 2020 47
Section One EMPLOYEE RIGHTS ISSUES Question 12 Tax Issues The FOP supports legislation that combines four bipartisan bills H R 2560 S 1278 Daines Norman which would codify existing Internal Revenue Code regulations making serviceconnected disability compensation exempt from Federal income taxes H R 4879 Lipinski Fitzpatrick which would increase the pretax benefit from 3 000 to 6 000 for public safety employees to pay for premiums on health care and long term care insurance H R 5342 Pascrell which would re establish the above theline deduction for law enforcement and other public safety officers for up to 500 for equipment and professional development and H R 6436 Chabot Horn which would repeal the direct payment requirement in the Healthcare Enhancement for Local Public Safety HELPS Retirees Act Will your Administration actively support these bills or a single piece of legislation incorporating all of them Would you sign such a bill if passed by Congress www fop net 2019 National Fraternal Order of Police 2020 48
Section One Employee Rights Issues Question 12 Tax Issues BIDEN TRUMP I am committed to improving outcomes for training disability health and retirement for all workers including police officers who serve their communities Under my plan for example many of the costs associated with training and professional development would decline or be provided without cost to law enforcement as they would for all workers I am committed towards preserving the benefits earned by law enforcement and public safety officers and will back legislation aimed at strengthening these hardearned deserved benefits Yes my administration will continue to work with Congress to support law enforcement www fop net 2019 National Fraternal Order of Police 2020 49
Section One Employee Rights Issues EMPLOYEE RIGHTS ISSUES Question 13 Consulting with FOP The Fraternal Order of Police is the largest labor organization representing this country s law enforcement professionals and as such we have been involved with the Administration on a wide range of labor issues As President how will you involve and consult with our leadership relating to labor issues TRUMP BIDEN Throughout my career as Senator and Vice President I made sure that organized labor including the Fraternal Order Police always had a direct line to me and a seat at the table for policy decisions As President I will continue that commitment And I will create a cabinet level working group that includes representatives from labor In the first 100 days of the The FOP will always have a place at the table when discussing policing and public safety in the United States or wherever we might be involved Continued www fop net 2019 National Fraternal Order of Police 2020 50
Section One Employee Rights Issues Question 11 Overtime Cost During Pandemic BIDEN Administration the working group will deliver a plan to dramatically increase union density and address economic inequality www fop net 2019 National Fraternal Order of Police 2020 51
Section Two CRIMINAL JUSTICE ISSUES Question 1 Support for Law Enforcement Law enforcement is facing a high level of hostility from the communities we protect and serve Hateful rhetoric and those calling for violence are having an impact ambush attacks on law enforcement and police shootings continue to increase The public image of policing and police officers have been terribly distorted How will you and your Administration demonstrate support and commitment to our nation s law enforcement officers TRUMP BIDEN My Administration and I will demonstrate support and commitment to our nation s law enforcement officers the same way I always have by ensuring that law enforcement s views are always solicited and considered Throughout my career I have honored the essential role that law enforcement I have been unwavering in my support of law enforcement officers across this country I will continue to work tirelessly to build strong communities where local citizens and law enforcement officers will have the tools to build stronger bonds and greater security for Continued Continued www fop net 2019 National Fraternal Order of Police 2020 52
Section One Criminal Justice Issues Question 1 Support for Law Enforcement BIDEN TRUMP officers play in our society The discord we face today is a result of the approach of our current President who leads through division I will not drive a wedge between the police and communities that you faithfully serve When I spoke at the memorial service for slain NYPD Officer Rafael Ramos in 2014 I said Being a cop was not what they did it was who they were like every man and woman in uniform here today It s who you are And they like every one of you in uniform inside this church and outside you all joined for essentially the same reason There was something about you that made you think you could everyone As much as federal agencies can provide support for stronger communities I will continue commit every asset at my disposal to make America and Americans safer and more secure Continued www fop net 2019 National Fraternal Order of Police 2020 53
Section One Criminal Justice Issues Question 1 Support for Law Enforcement BIDEN help that you should serve that you had a duty As our nation addresses the reforms necessary in our criminal justice system I won t forget that the vast majority of our police officers are driven by an astounding sense of service and duty to their communities As President I will lead a national conversation in partnership with rank andfile police officers and community leaders about how to solve the issues of systemic inequality keep our communities safe and reform policing www fop net 2019 National Fraternal Order of Police 2020 54
Section Two CRIMINAL JUSTICE ISSUES Question 2 Qualified Immunity Congress is considering legislation to end the doctrine of qualified immunity which is a vital protection for law enforcement officers It protects them from civil liability if their actions were reasonably within their authorities as law enforcement officers Without this protection even the most reasonable police action could result in an individual officer being sued If elected would you pledge to protect qualified immunity for law enforcement officers BIDEN TRUMP I support reining in qualified immunity but not eliminating it Qualified immunity should not protect government actors that abuse their power For example I do not think that those using chokeholds should be protected by qualified immunity given the fact that there is professional I fully support qualified immunity for law enforcement officers and I will not allow this doctrine to be undermined Continued www fop net 2019 National Fraternal Order of Police 2020 55
Section One Criminal Justice Issues Question 2 Qualified Immunity BIDEN consensus that it is unreasonable unnecessary and poses too great a risk to human life www fop net 2019 National Fraternal Order of Police 2020 56
Section Two CRIMINAL JUSTICE ISSUES Question 3 Use of Force Police use of force incidents have always been scrutinized but the terrible tragedy in Minneapolis that resulted in the custodial death of George Floyd has brought a new sense of urgency to work toward basic national standards for training officers in the use of force The FOP and the International Association of Chiefs of Police IACP along with 9 other major law enforcement organizations spent two years painstakingly constructing a National Consensus Policy on the Use of Force We believe this should be the basis of a national use of force model and would urge any training regime to rely on it for training law enforcement officers If elected will your Administration pledge to use the National Consensus Policy as the basis for use of force training for Federal law enforcement officers and urge its adoptions by State and local agencies TRUMP BIDEN As President I will direct my Administration to develop a model use of force standard and To federalize crimes against all law enforcement officers would be the same as Continued www fop net 2019 National Fraternal Order of Police 2020 Continued 57
Section One Criminal Justice Issues Question 3 Use of Force BIDEN TRUMP condition policing funding on its adoption I will bring together police chiefs rank and file officers civil rights leaders and other policing experts from around the country to develop the standard I commit to tasking this group with reviewing and considering the National Consensus Policy on the Use of Force in this process I will ensure that this use of force standard does not put law enforcement at greater risk by preventing them from using legitimate means of self defense federalizing those agencies and making local and state law enforcement officers extensions of federal law enforcement This is not the structure of government that was intended at the founding However I will advocate for stronger penalties at the federal level for any attacks on federal law enforcement officers As President I cannot advocate for changing the federalism balance in so sensitive an area www fop net 2019 National Fraternal Order of Police 2020 58
Section Two CRIMINAL JUSTICE ISSUES Question 4 FOP Police Reform Congress is currently engaged in a great effort to reform policing in the United States The FOP is playing a critical role as we have strong ideas about what reforms will improve our profession What is your view on police reform and how would you include the FOP in making sure those reforms were implemented TRUMP BIDEN I began my campaign with the recognition that we re in a battle for the soul of the nation Four more years of division and intolerance from our nation s leadership could forever fracture the important bond between police officers and the communities you serve and protect The division we see in our country is only going to make life worse for police not I worked closely with FOP to ensure that any legislation includes resources for training and equipment for law enforcement resources for hiring and retaining qualified law enforcement officers and other provisions that will strengthen police forces across the country I will not sign any bill that does not improve the day to day burdens and Continued Continued www fop net 2019 National Fraternal Order of Police 2020 59
Section One Criminal Justice Issues Question 4 FOP Police Reform BIDEN TRUMP better It will make it harder to patrol dangerous areas not easier As a nation we must both continuously strive to improve our policing tactics and strategies while maintaining our commitment to keeping our communities safe enforcing the law and meeting the needs of victims of crime Black mothers and fathers should feel confident that their children are safe walking the streets of America And when a police officer pins on that shield and walks out the door the officer s family should know they ll come home at the end of the day I know we can change our nation s policing in smart stresses that make a police officers job one of the most difficult and dangerous in the country While we consider reforms it is also important to consider the parts of the system that are working and that we must maintain I am fully committed to protecting qualified immunity and due process for law enforcement officers Continued www fop net 2019 National Fraternal Order of Police 2020 60
Section One Criminal Justice Issues Question 4 FOP Police Reform BIDEN and sensible ways It is in the public s interest and in your interest as officers aiming to serve as guardians of your communities to hold all officers to the highest standards and to ensure swift action to address abuses of power We should give police departments the resources needed to implement meaningful policies policies we all agree on like increased body worn cameras and diversity on the force And we need to condition other federal dollars on completing those reforms and others like adopting a national use of force standard which some of your departments are already Continued www fop net 2019 National Fraternal Order of Police 2020 61
Section One Criminal Justice Issues Question 4 FOP Police Reform BIDEN using I will reinvigorate the COPS program with a 300 million investment so police departments have enough money to hire a sufficient number of officers so their officers can get out of their cruisers and walk the streets engaging with and getting to know members of their communities We need to prevent 911 calls in scenarios where police should not be our first responders Every time you are called to be a social worker marriage counselor or mental health professional is a lost opportunity to further a proactive investigation or address violent crime This requires making serious investments in mental Continued www fop net 2019 National Fraternal Order of Police 2020 62
Section One Criminal Justice Issues Question 4 FOP Police Reform BIDEN health services drug treatment and prevention programs and services for people experiencing homelessness That certainly makes more sense than eliminating police departments or defunding the police President Trump is the candidate defunding the police He s proposing to cut more than 465 million in Justice Department aid to state and local law enforcement As President I will continue to consult with law enforcement as I always have as we chart a pathway to improve police community relations For my entire career I have always ensured that police and Continued www fop net 2019 National Fraternal Order of Police 2020 63
Section One Criminal Justice Issues Question 4 FOP Police Reform BIDEN law enforcement have had a seat at the table and as President I will renew that commitment www fop net 2019 National Fraternal Order of Police 2020 64
Section Two CRIMINAL JUSTICE ISSUES Question 5 Back the Blue Act The FOP supports H R 5395 S 1480 the Back the Blue Act This legislation would increase the penalties for threats and violence against law enforcement officers judges and courtroom personnel including making the murder or attempted murder of a law enforcement officer employed by an agency that receives Federal funds a capital offense The legislation would also impose time and other substantive limits on Federal courts review of habeas corpus petitions challenging a State court conviction for killing a law enforcement officer judge or other public safety officer and incorporate an existing provision of the Federal habeas statute that is used to determine whether a defendant may file a successive petition or seek a new evidentiary hearing in Federal court If elected will your Administration actively support such legislation and will you sign the bill if it is passed by Congress TRUMP BIDEN Threats and violence against law enforcement officers judges and courtroom personnel are To federalize crimes against all law enforcement officers would be the same as Continued www fop net 2019 National Fraternal Order of Police 2020 Continued 65
Section One Criminal Justice Issues Question 5 Back the Blue Act BIDEN TRUMP extremely serious offenses and are crimes against society at large I support the already enhanced penalties for these crimes under existing state and federal law I will also continue to support the post conviction procedural rights federalizing those agencies and making local and state law enforcement officers extensions of federal law enforcement This is not the structure of government that was intended at the founding However I will advocate for stronger penalties at the federal level for any attacks on federal law enforcement officers As President I cannot advocate for changing the federalism balance in so sensitive an area www fop net 2019 National Fraternal Order of Police 2020 66
Section Two CRIMINAL JUSTICE ISSUES Question 6 Limits to Damages for Felons The Fraternal Order of Police supports legislation that would limit the amount of damages a criminal defendant could recover as a result of injuries that the criminal incurred in the course of committing or being apprehended for a felony or a crime of violence Would your Administration support such legislation if it were introduced Will you pledge to sign such a bill if it is passed by Congress TRUMP BIDEN I don t support limits on damages for any individual caused by law enforcement in the course of their duties as found by a judge and jury I do support indemnification of police officers and I believe that municipalities should be liable for the acts of officers in the course of their duty By forcing local jurisdictions I will sign into law any legislation that is in the best interest of America and Americans Continued www fop net 2019 National Fraternal Order of Police 2020 67
Section One Criminal Justice Issues Question 6 Limits to Damages for Felons BIDEN to assume liability for injuries that a criminal defendant incurred we will ensure that localities and not individual officers are responsible for any damages incurred and create an incentive for localities to invest in training and embrace best practices for their police departments overall www fop net 2019 National Fraternal Order of Police 2020 68
Section Two CRIMINAL JUSTICE ISSUES Question 7 Death Penalty For what crimes do you believe that the death penalty is appropriate TRUMP BIDEN I believe that we have a duty to uphold the moral authority of the justice system Since 1973 over 165 individuals who ve been sentenced to death have later been found to be innocent When this happens it deeply undermines the moral authority of the justice system Because we cannot ensure we get death penalty cases right every time I will work to pass legislation to eliminate the death penalty at the federal Existing law already prescribes penalties at the federal state and local level The legislative process will determine what crimes will have a death penalty attached Continued www fop net 2019 National Fraternal Order of Police 2020 69
Section One Criminal Justice Issues Question 7 Death Penalty BIDEN level and incentivize states to follow the federal government s example www fop net 2019 National Fraternal Order of Police 2020 70
Section Two CRIMINAL JUSTICE ISSUES Question 8 Commission on Law Enforcement The Fraternal Order of Police played a key role in establishing and providing information to the Presidential Commission on Law Enforcement and the Administration of Justice Will you pledge to work with the FOP to review and implement the recommendations of this Commission on their merits TRUMP BIDEN Throughout my career I ve never made a decision on a criminal justice topic without soliciting and considering police input That will remain the case if I am President When making decisions about which policies to champion and implement as always I will consider recommendations from prior administrations and from the police on their merits Yes we sincerely appreciate FOP s partnership on the historic law enforcement Commission and we look forward to working with the FOP to implement these critical recommendations to improve and modernize the law enforcement profession and the daily lives of law enforcement officers www fop net 2019 National Fraternal Order of Police 2020 71
Section Two CRIMINAL JUSTICE ISSUES Question 9 Extradition from Foreign Governments The FOP has long been concerned about foreign governments providing shelter for criminals who commit murder or other serious violent crimes in this country and subsequently flee to another The FOP strongly opposed normalization of relations with Cuba until this issue is resolved but travel restrictions that were in place for decades have were relaxed by the previous Administration We have been equally critical of other governments including France Israel and Mexico on this same point At the FOP s Biennial National Conference in 2007 our membership adopted a resolution urging the President of the United States and the Congress to take any and all measures necessary to enforce the 1978 Extradition Treaty made between the United Mexican States and the United States of America including but not limited to the cancellation or renegotiation of the Extradition Treaty and imposition of sanctions including but not limited to rescinding all financial aid and support to that Government and any and all benefits afforded to that Government under the North American Free Trade Agreement to ensure that those who commit crimes of violence in the United States are extradited and prosecuted under the laws of the United States What www fop net 2019 National Fraternal Order of Police 2020 72
Section One Criminal Justice Issues Question 9 Extradition from Foreign Governments steps will you and your Administration take to place pressure on Cuba Mexico and other foreign governments that provide safe harbor for those who commit crimes of violence in the U S Will you pledge to make sure that your Administration fully addresses the issue of extradition of existing and future fugitives when considering agreements with foreign governments BIDEN TRUMP As President I will work to ensure that countries that are harboring fugitives comply with their obligations under extradition and other law enforcement agreements and would take compliance with such agreements into consideration when evaluating the status of our bilateral relations My administration will pursue those individuals who commit crimes in America to the farthest reaches of the earth Those criminals will be returned to the United States to face the legal system as established in our Constitution and our laws We will pursue this goal with whatever actions are required www fop net 2019 National Fraternal Order of Police 2020 73
Section Two CRIMINAL JUSTICE ISSUES Question 10 Protect Federal Officers Overseas For years courts across the country have recognized that pursuant to 18 U S C 1114 the United States government could prosecute anyone who killed or attempted to kill a Federal officer or employee while they were performing or on account of their official duties Recently however a panel of judges on the United States Court of Appeals for the D C Circuit recently concluded that Congress was not expressly clear that section 1114 applies to crimes committed overseas The court therefore reversed the conviction of members of a violent drug cartel that murdered Federal law enforcement officers Jaime Zapata and attempted to murder Victor Avila while they were serving in Mexico The FOP supports legislation that will ensure that Federal law clearly and unequivocally protects Federal officers and employees serving overseas Would your Administration actively support such a bill and will you sign it if passed by Congress BIDEN Yes I would support legislation that protects Federal officers and employees serving overseas TRUMP Yes my administration will continue to work with Congress to support law enforcement www fop net 2019 National Fraternal Order of Police 2020 74
Section Two CRIMINAL JUSTICE ISSUES Question 11 End Racial Profiling Act Racial profiling is a favorite topic of media reports on police The FOP has always condemned the practice and asserted that it is not the policy of any U S law enforcement agency to base enforcement decisions solely on race However legislation like H R 4339 S 2355 the End Racial Profiling Act continues to be introduced in Congress How do you define racial profiling Do you believe that Federal legislation is necessary to address this issue and if so what would the legislation do and how would affect law enforcement activity at the State and local level BIDEN TRUMP I support adoption and enforcement of policies that prohibit profiling and discrimination based on race ethnicity national origin religion age gender gender identity expression sexual orientation immigration status disability housing Continued Civil rights legislation should be advanced if there is a clear need for edification of certain civil rights that are being violated Current law and judicial precedent provide a great deal of civil rights protection This process needs to be fulfilled in Congress first I will www fop net 2019 National Fraternal Order of Police 2020 Continued 75
Section One Criminal Justice Issues Question 11 End Racial Profiling Act BIDEN TRUMP statuts occupation or language fluency I believe that Federal legislation may be helpful in addressing this issue As President I will also utilize federal dollars to create incentives for police reform including requiring police departments who receive federal dollars to implement training in best practices in community relations determine if I will sign such legislation if it reaches my desk based on what is best for America and Americans www fop net 2019 National Fraternal Order of Police 2020 76
Section Two CRIMINAL JUSTICE ISSUES Question 12 Byrne JAG Assistance Federal funding for State and local law enforcement is a very real concern especially given the increased homeland security responsibilities of State and local agencies and the as yet unknown impact of the current pandemic on local and State budgets How will you work to restore full Federal funding for traditional law enforcement programs like the hiring program administered by the Office of Community Oriented Policing Services COPS the Edward Byrne Memorial Justice Assistance Grant Byrne JAG programs the State Criminal Alien Assistance Program SCAAP and the Bulletproof Vest Partnership BVP program BIDEN TRUMP I believe policing works best when officers are out of their cruisers and walking the streets engaging with and getting to know members of their communities But in order to do that police Continued Funding priorities are to be determined by cooperation between the executive branch and the Congress If these programs are determined to receive increased funding and we are still www fop net 2019 National Fraternal Order of Police 2020 Continued 77
Section One Criminal Justice Issues Question 12 Byrne JAG Assistance BIDEN TRUMP departments need resources to hire a sufficient number of officers That s why I wrote the legislation that created the Community Oriented Policing Services COPS program which authorized funding both for the hiring of additional police officers and for training on how to undertake a community policing approach However the program has never been funded to fulfill the original vision for community policing As President I will reinvigorate the COPS program with a 300 million investment and will continue to utilize other federal programs to send funding to qualifying police departments able to reduce the deficit balance the budget and begin to buy down the federal debt then they will receive the attention they deserve Continued www fop net 2019 National Fraternal Order of Police 2020 78
Section One Criminal Justice Issues Question 12 Byrne JAG Assistance BIDEN The Trump Administration budget proposed more than 465 million in cuts to Justice Department aid to state and local law enforcement As President I will prioritize funding programs that support public safety www fop net 2019 National Fraternal Order of Police 2020 79
Section Two CRIMINAL JUSTICE ISSUES Question 13 The 287 g Program Several organizations and many progressive mayors have accused State and local law enforcement agencies receiving Federal assistance through the 287 g program of using these funds to target communities of color including disproportionate numbers of Latinos in particular places for arrest The FOP rejects these assertions as hateful and counter to the law enforcement mission The 287 g program is a powerful example of a successful cooperative effort between State and local law enforcement and the Federal government For State and local agencies the Federal resources provided by the program allow them to pursue investigations relating to violent crimes human trafficking gang organized crime activity sexual related offenses narcotics trafficking and money laundering It also allows the Federal government to tap into the resources and capabilities of State and local agencies to identify and remove serious and violent criminals who have illegally entered the United States Would your Administration continue to support or expand this program www fop net 2019 National Fraternal Order of Police 2020 80
Section One Criminal Justice Issues Question 13 The 287 g Program BIDEN TRUMP Our focus should be on targeting the serious crimes that make all Americans including immigrants less safe For that reason as President I will make sure that federal state and local cooperation is focused on pursuing serious crimes and that federal resources are prioritized accordingly Requiring local law enforcement to play the role of immigration officers makes us all less safe As President I will take action to discontinue any agreements entered into by the Trump Administration that establish that mandate I will also significantly rein in the use of 287 g and similar programs While I Funding priorities are to be determined by cooperation between the executive branch and the Congress If these programs are determined to receive increased funding and we are still able to reduce the deficit balance the budget and begin to buy down the federal debt then they will receive the attention they deserve Continued www fop net 2019 National Fraternal Order of Police 2020 81
Section One Criminal Justice Issues Question 13 The 287 g Program BIDEN support cooperative investigations to pursue serious crimes we must ensure that cooperation is not used to target people because of their status their skin color or ethnic origin www fop net 2019 National Fraternal Order of Police 2020 82
Section Two CRIMINAL JUSTICE ISSUES Question 14 Sanctuary Cities The FOP has been very vocal on the issue of sanctuary cities and has been adamant that local and State law enforcement agencies should always cooperate with their Federal colleagues and vice versa However the FOP opposes withholding law enforcement and public safety funding on the basis that in so doing the public safety implications are compounded In most cases these sanctuary jurisdictions were established by policymakers at the local or State level It is unfair to penalize the law enforcement agencies serving these jurisdictions for the political decisions of elected officials which prohibited or impeded cooperation with Federal agencies What steps will your Administration take to encourage local and State cooperation with Federal immigration enforcement Will you pledge not to withhold law enforcement funding to jurisdictions which choose not to cooperate with Federal immigration enforcement and work with the FOP to find other ways to achieve this Federal objective www fop net 2019 National Fraternal Order of Police 2020 83
Section One Criminal Justice Issues Question 14 Sanctuary Cities BIDEN TRUMP I agree that it makes communities less safe when all its residents cannot come forward to report crimes or cooperate with law enforcement We should not penalize communities by withholding law enforcement funding to a local jurisdiction that chooses not to take on an immigration enforcement role I will encourage cooperation between local and state law enforcement with federal immigration agencies where necessary to protect national security At the same time we must ensure that cooperation is not used to target people because of their status their skin color or ethnic origin Sanctuary cities undermine law enforcement and endanger communities I will commit to do everything within my power to ensure safety for communities across America I will always support law enforcement and ensure that they have the resources they need to effectively do their jobs I fully oppose the Democrats radical defund the police movement www fop net 2019 National Fraternal Order of Police 2020 84
Section Two CRIMINAL JUSTICE ISSUES Question 15 Immigration Reform True immigration reform requires action by the Federal government The FOP believes that any legislation reforming our nation s immigration system must provide for greater security at our nation s borders aggressive enforcement of immigration law internally and enhanced penalties against businesses and individuals that exploit and traffic in illegal laborers Do you agree What elements do you see as most important for a comprehensive reform of our immigration laws and what steps will your Administration undertake to enact reform BIDEN TRUMP I support legislative immigration reform that provides a roadmap to legal status and citizenship for unauthorized immigrants who register are up to date on their taxes and have passed a background check I also My administration will pursue the law of the land to its logical extent We will build a wall on the southern border We will apprehend detain and deport those who are here illegally and we will work to ensure that our legal Continued www fop net 2019 National Fraternal Order of Police 2020 Continued 85
Section One Criminal Justice Issues Question 15 Immigration Reform BIDEN TRUMP believe we have a right and a duty to secure our borders and protect our homeland against threats That does not require a border wall from sea toshining sea which is not a serious deterrent for the sophisticated criminal organizations that employ border tunnels semisubmersible vessels and aerial technology to overcome physical barriers at the border I will invest in better technology at the border including cameras sensors largescale x ray machines and fixed towers I believe we must secure our border while ensuring the dignity of migrants and upholding their legal right to seek asylum We must enforce system of immigration provides security as well as opportunity to those who might want to come be part of the American dream Continued www fop net 2019 National Fraternal Order of Police 2020 86
Section One Criminal Justice Issues Question 15 Immigration Reform BIDEN our laws without targeting communities violating due process or tearing apart families We must ensure our values are squarely at the center of our immigration and enforcement policies www fop net 2019 National Fraternal Order of Police 2020 87
Section Two CRIMINAL JUSTICE ISSUES Question 16 LEOSA Act The FOP played a vital role in the enactment of the Law Enforcement Officers Safety Act in 2005 as well as two amendments to the law passed in 2010 and 2013 The FOP supports legislation like H R 1156 the LEOSA Reform Act to close loopholes in the law which may inadvertently place an officer in legal jeopardy The bill would close the loophole in the Guns Free School Zones Act and clarify that the exemption applies in national parks as well as common publicly accessible areas The bill would amend existing law allowing the exemption to apply to magazine and for carriage in certain low level Federal facilities like post offices Social Security Administration offices and Veterans Affairs facilities The legislation would also allow States to increase the time between requalification for retired officers for up to 36 months Had this been enacted States would be able to address the current issue facing qualified retired officers resource limitations and social distancing rules are preventing many from renewing their qualification potentially place themselves and their families in jeopardy Will you support a temporary suspension on the qualification requirement for retired officers Would you actively support legislation like H R 1156 and sign it if it reaches your desk www fop net 2019 National Fraternal Order of Police 2020 88
Section One Criminal Justice Issues Question 16 LEOSA Act BIDEN TRUMP As President I will oppose this legislation as currently drafted My Administration supports retired officers being able to carry highly trained good guys with guns are the best way to stop bad guys with guns Law enforcement officers along with all Americans maintain their Second Amendment Right and I will always defend the Second Amendment www fop net 2019 National Fraternal Order of Police 2020 89
Section Two CRIMINAL JUSTICE ISSUES Question 17 Protect and Serve Act The FOP supports legislation like H R 1325 the Protect and Serve Act would create a new Federal offense for those who deliberately target law enforcement officers with violence and is a direct response to the increased number of law enforcement officers who have been targeted for attack According to several Federal studies the number of officers shot in the line of duty has been increasing steadily since at least 2012 The number of deaths attributed to gunfire has remained mostly stable thanks to advances in antiballistic technology and medical trauma science The fact remains however that more officers are shot every year and far too many of these attacks are the result of ambushes and unprovoked attacks Will your Administration pledged to support this legislation and to sign it into law if it is passed How else will your Administration address the pressing issue of ambush and targeted attacks against law enforcement officers www fop net 2019 National Fraternal Order of Police 2020 90
Section One Criminal Justice Issues Question 17 Protect and Serve Act BIDEN TRUMP Violence directed at law enforcement is abhorrent and contrary to our deepest held American values That is why I ve voted for increased penalties for these heinous crimes and as President will continue to support the application of serious penalties for individuals who have been convicted of these acts utilizing the existing Federal and state laws While Joe Biden and the Democrats call to defund the police and see law enforcement as the enemy of the people I will always defend the police and back the blue I support this legislation and also support the death penalty for cop killers www fop net 2019 National Fraternal Order of Police 2020 91
Section Two CRIMINAL JUSTICE ISSUES Question 18 Peace Officers Memorial Service Law enforcement is an exceedingly dangerous profession with an average of one hundred and fifty 150 officers who die in the line of duty every year Since 1962 the Federal government has recognized the sacrifices of law enforcement officers killed in the of duty by designating 15 May as National Peace Officers Memorial Day Thirty nine years ago the National FOP began holding a Memorial Service on this day to honor the memories of the fallen officers and their loved ones This event is held on the West Front of the U S Capitol and is attended by the family of the officer as well as thousands of fellow officers and friends For most of the last 25 years the keynote speaker for this event has been the President of the United States Will you pledge to attend the May 15th Memorial Service event honoring the families and memory of our nation s slain heroes BIDEN TRUMP Throughout my career I have had numerous opportunities to attend the National Peace Officers Continued The President should show his or her support for all fallen officers by making that speech on May 15th that commitment www fop net 2019 National Fraternal Order of Police 2020 Continued 92
Section One Criminal Justice Issues Question 18 Peace Officers Memorial Service BIDEN TRUMP Memorial Day even serving as the keynote speaker As President I will continue to honor Peace Officers on that day and attend the Memorial whenever possible I am proud to have honored fallen officers throughout my career and supported legislation to create the National Law Enforcement Museum On several occasions throughout my career as Senator I successfully led the enactment of dramatic increases and expansions of the amount paid to families of public safety officers killed or permanently disabled in the line of duty For example in 2001 I led the fight for legislation to I have had the honor to be the keynote speaker at every Peace Officers Memorial Service held during my presidency To the best of my ability I will continue to keep Continued www fop net 2019 National Fraternal Order of Police 2020 93
Section One Criminal Justice Issues Question 18 Peace Officers Memorial Service BIDEN increase the total death and disability benefits to 250 000 In 1990 I championed legislation that created a benefit for public safety officers disabled in the line of duty And in 1998 I again led the enactment of legislation to increase the death benefit www fop net 2019 National Fraternal Order of Police 2020 94
Section Two CRIMINAL JUSTICE ISSUES Question 19 Safeguarding America s Responders The families of law enforcement officers and other public safety officers who are killed in the line of duty are eligible to receive a one time death benefit from the Public Safety Officers Benefit PSOB program During the current pandemic the FOP supports creating a presumption that public safety officers who die or are disabled as a result of COVID 19 did so in the line of duty Legislation like S 3607 the Safeguarding America s First Responders Act and H R 6509 the Public Safety Officer Pandemic Response Act establishes juts such a presumption Will your Administration actively support these efforts and sign the bill if passed by Congress BIDEN TRUMP Any public official who dies or is infected by COVID 19 in the course of their duties including law enforcement officers should be covered As President I will ensure that the Federal Employees Continued Similar to the time I advocated for and signed legislation permanently authorizing funds to support 9 11 first responders and their families I will always work with Congress to support our first responders www fop net 2019 National Fraternal Order of Police 2020 95
Section One Criminal Justice Issues Question 19 Safeguarding America s Responders BIDEN Compensation Act Program presumes that workers whose jobs put them in direct contact with infected individuals will be presumed to have been exposed while on the job and will be covered I will encourage states to adopt this presumption www fop net 2019 National Fraternal Order of Police 2020 96
Section Two CRIMINAL JUSTICE ISSUES Question 20 Protecting America s First Responders The PSOB program is currently burdened with unreasonable definitions of the terms catastrophic injury and gainful work that prevent officers who are disabled in the line of duty from receiving the benefits to which they are entitled This combined with the absence of any guidelines for the adjudication of disability claims has resulted in the denial of PSOB benefits to officers whose service connected injuries would be viewed as eligible by almost every other component of the Federal government The FOP supports S 1208 the Protecting America s First Responders Act which updates the PSOB disability determinations and the definitions of gainful work making it more consistent with existing Federal law In addition the legislation requires the benefit award amount to be based on the date of the determination rather than the date of the injury to account for increases in the cost of living that may occur during lengthy adjudication periods The bill also makes education assistance for eligible survivors who pay outof pocket education expenses while awaiting the adjudication of a claim retroactive Too often and especially in cases involving a disabling injury heart www fop net 2019 National Fraternal Order of Police 2020 97
Section One Criminal Justice Issues Question 20 Protecting America s First Responders attack or stroke the PSOB process can take several years which is too long and too frustrating for these officers and their families This legislation addresses this by expanding the program s subpoena authority to more efficiently secure records needed to evaluate claims Would your Administration actively support such a bill and sign it into law BIDEN TRUMP Yes As President I will support S 1208 because I believe that when first responders are disabled or suffer serious injury in the line of duty they deserve our support S 1208 streamlines the process by which first responders who are disabled are able to have their claims for benefits adjudicated and I support this line of reform I am aware of this issue and the Department of Justice has been working closely with FOP to improve the benefit delivery system to officers who have made such an important sacrifice to our nation If re elected we will continue to work with FOP to ensure the appropriate improvements are made to further streamline the delivery of benefits www fop net 2019 National Fraternal Order of Police 2020 98
Section Two CRIMINAL JUSTICE ISSUES Question 21 Federal Policy The FOP is seeing a growing trend on the part of Congress to write legislation withholding Federal assistance to State local and tribal law enforcement agencies unless they comply with certain policy conditions These tactics are used by both parties and the issues range from sanctuary cities to data collection The vast majority of our nation s law enforcement officers serve local governments and these decisions should be made at the local level Will you pledge to oppose this type of legislative coercion and work with the FOP to develop ways to provide incentives instead of penalties to achieve Federal policy goals BIDEN As President I will propose increased funding to support community policing and policing reform I will ask the Attorney General to identify existing Justice Department funds that can be redirected towards Continued TRUMP In most circumstances state and local authorities know best how to spend Federal funding During my first term as President several cities and states have taken action to undermine and obstruct obligation to take action www fop net 2019 National Fraternal Order of Police 2020 Continued 99
Section One Criminal Justice Issues Question 21 Federal Policy BIDEN TRUMP these goals Federal funds to cities and local police departments will be conditioned on the adoption of a model use of force policy requirements around the use of body cameras and training Police departments who meet these conditions will be permitted to use the federal dollars for the grant s initial purpose If the conditions are not met I will not penalize police departments but rather the funds will need to be used to meet the aforementioned conditions before fulfilling grant s initial purpose federal law enforcement Considering the danger to public safety and the reckless nature of that obstruction I have an obligation to take action www fop net 2019 National Fraternal Order of Police 2020 100
Section Two CRIMINAL JUSTICE ISSUES Question 22 Interacting with FOP Since the Fraternal Order of Police is the largest labor organization representing this country s law enforcement professionals how will you involve and consult with our leadership concerning any legislation regulations or other Administration activity relating to law enforcement or criminal justice issues BIDEN TRUMP Throughout my career I have not just viewed law enforcement as partners I ve ensured that you are heard every single time our nation considers law enforcement and criminal justice issues As President you know that I will make sure you have a seat at the table Just look at my record As our nation addresses the reforms necessary in our criminal justice system I won t The FOP will always have a seat at the table when law enforcement issues are in play I have long been an outspoken supporter of law enforcement in this country and will continue as President of the United States Continued www fop net 2019 National Fraternal Order of Police 2020 101
Section One Criminal Justice Issues Question 22 Interacting with FOP BIDEN forget that the vast majority of our police officers are driven by an astounding sense of service and duty to their communities I won t forget that the overwhelming number of police officers are ethical brave and decent men and women who want the same things that all of us yes including the protestors want a safe community where their families have a fair chance at success That is why I do not want to defund the police and why I know we can change our nation s policing in smart and sensible ways The better answer is to give police departments the resources needed to implement Continued www fop net 2019 National Fraternal Order of Police 2020 102
Section One Criminal Justice Issues Question 22 Interacting with FOP BIDEN meaningful policies policies we all agree on like increased body worn cameras and diversity on the force and to condition other federal dollars on completing those reforms We need to prevent 911 calls in scenarios where police should not be our first responders Every time you are called to be a social worker marriage counselor or mental health professional is a lost opportunity to further a proactive investigation or address violent crime Addressing those needs means making serious investments in mental health services drug treatment and prevention programs and services for Continued www fop net 2019 National Fraternal Order of Police 2020 103
Section One Criminal Justice Issues Question 22 Interacting with FOP BIDEN people experiencing homelessness Nor are police immune from the virus that is plaguing our nation To the contrary you are more atrisk than almost anyone else every time you make a traffic stop every search warrant you execute every time you are called to a house or make an arrest you are putting your and your families lives at risk simply by breathing the same air as a stranger And let me be clear you have been failed by this President s complete mismanagement of COVID We are mired in a new wave of cases while most other developed countries have beaten this virus The toll on police is Continued www fop net 2019 National Fraternal Order of Police 2020 104
Section One Criminal Justice Issues Question 22 Interacting with FOP BIDEN stark By year s end coronavirus may be the leading cause of police deaths in America more than line of duty fatalities As President I will enact a whole of government plan to defeat this virus and it will benefit police officers more than perhaps anyone else I began my campaign with the recognition that we re in a battle for the soul of the nation Four more years of division and intolerance from our nation s leadership could forever fracture the important bond between police officers and the communities you serve and protect The division we see in our country is only going to make life Continued www fop net 2019 National Fraternal Order of Police 2020 105
Section One Criminal Justice Issues Question 22 Interacting with FOP BIDEN worse for police not better It will make it harder to patrol dangerous areas not easier You know me You ve known me for decades Sometimes we agree sometimes we do not But you are always heard and you always will be That is the way we strengthen our nation www fop net 2019 National Fraternal Order of Police 2020 106