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“There are two ways of meeting difficulties. You can alter the difficulties or you can alter yourself to meet them.”
- Phyllis Bottome

 

 

 

 

 

 

 

 

Attacks on Border Patrol Agents/News Videos

From National Border Patrol Coucil Web Site

 

 

Border Patrol Sectors Reduce Manpower on the Border In Order to Comply with a Lower Overtime Cap

Monday, 17 May 2010

 

UPDATE (May 25, 2010):

Members who have experienced any of the following situations should email their local representatives: moved to a different shift to avoid paying premium pay (night/Sunday differential); Administratively Uncontrollable Overtime (AUO) reduced or completely decertified from receiving AUO; Canine partners kenneled to avoid paying FLSA for care of the canine partner; any other situation related to this matter. Local representatives should gather as much information as possible about the employees (name, station, GS level, EOD,  current  OT earnings, pay, and projected amounts,etc.) and forward the information to their respective NBPC Regional Vice President.


At a time when numerous members of Congress and the public are calling for more Border Patrol Agents to secure the borders, the Office of Border Patrol thinks it makes sense to cut resources by lowering the overtime cap to $30,000. As a result, the number of agents working in the field has been reduced because agents are being sent home instead of being allowed to work Administratively Uncontrollable Overtime (AUO). In addition to reducing AUO, some sectors resorted to unnecessarily changing the shifts of senior agents who are paid at a higher salary grade for the sole purpose of avoiding payments related to night differential and Sunday pay. Further, some sectors are sending canine handlers home early or requiring handlers to kennel service canines to avoid paying handlers FLSA (Fair Labor Standards Act) for caring for their canine partners.

According to the memo, the Chief of the Border Patrol must first provide approval for any Border Patrol Agents to exceed the artificial overtime cap of $30,000. This is contrary to the government-wide overtime cap established by Congress which limits overtime payments for federal employees to $35,000. While Congress included a provision for agencies to request waivers for employees to exceed the cap, the Office of Border Patrol and/or Customs and Border Protection routinely refuse to request the waivers in a timely manner and instead restrict agents from working AUO, night shifts, Sunday shifts, and also require canine handlers to leave early or kennel their canine partners.

The National Border Patrol Council will be working aggressively with members of Congress to review the potentially hazardous practices implemented by OBP and the sectors in order to comply with this unilaterally implemented, artificial overtime cap.


OBP Memo on Artificial OT Cap

 

 

Border Patrol Shooting ...                                                                                                                       April 20, 2010

 

Local 2554 extended its condolences to El Centro Sector LER Mrs Julie Brown for the lost of her husband and former PAIC of Campo Station in San Diego Sector Chuck Dierkop. Our thoughts and prayers are with Mrs. Brown and these sad moments and we hope that she finds console in the support of her family, friends and God. May she find the strength and courage to get through the days ahead.

With sincere condolences,
Local 2554

 

 

Law Update for BPAs & CBPOs
Southern District of California & Yuma Sector
November 2009

BPAs and CBPOs are advised of a growing trend in which defense attorneys are using off-duty statements posted on the internet to cross-examine law enforcement officers in court.  This includes messages posted by off-duty officers on Facebook, MySpace, Twitter, YouTube, internet chat rooms, etc., as well as e-mail, text messages, answering machine greetings, and voice mail messages.  This includes jokes, photographs, and statements made or transmitted by officers in their private capacities, even if there is no mention of their affiliation with law enforcement.  Further, this issue is coming up in federal and state courts all over the country.  

Under the Federal Rules of Evidence, the credibility of a witness may be attacked on cross-examination by evidence of specific instances of conduct concerning the witness' character for truthfulness or untruthfulness.  See, Rules 404 and 608.  This includes the contents of writings, recordings, or photographs that may be relevant to the witness' character or credibility.  See, Rules 1007 and 401.  For example, in a recent New York prosecution for carrying a loaded firearm, the defense attorney impeached the arresting police officer using statements posted on the officer's MySpace page in which the officer stated that he was watching the movie "Training Day" in order to brush up on proper police procedures.  Further, the defense attorney found several comments that the arresting officer made on YouTube regarding a video clip of a handcuffed suspect who was punched.  The defense attorney cross-examined the arresting officer using comments that the officer posted under the video clip:  "If you were going to hit a cuffed suspect, at least get your money's worth..."  (The defendant was acquitted of the firearms charge.)  In another case, an Indiana State Trooper was investigated regarding photographs and statements he posted on his personal FaceBook page.  One photo showed the officer pointing his firearm at another officer's head while holding a beer; he also posted photos of his crashed patrol vehicle with jokes about the cause of the accident.  He described his job as a "garbage man" who picks up "trash" for a living.  In a local case involving a Border Patrol shooting, a firearms expert witness was disqualified because of extremist statements he made on a civilian militia website.

BPAs and CBPOs are cautioned to exercise discretion when making statements on the internet that may be taken out of context on cross-examination and used to smear an officer's credibility, integrity, or character.  Any statements about a particular defendant or case should be avoided, and officers should expect to be cross-examined about any comments that may indicate bias, prejudice, racism, sexism, disrespect for aliens or prisoners or the community, etc.  Further, in cases involving the use of force or an allegation of excessive force, officers should expect to be cross-examined about their on-line statements regarding firearms, police practices, police policy, or the criminal justice system, or their use of street slang, cop jokes regarding use of force, profanity, etc.  Bragging, exaggerating, or lying on-line, or any trash talk about the job that's retrievable by the officer's name, may become the basis for cross-examination in the future.  The defense bar is monitoring the internet in every case, and a Google or Yahoo name search has become standard practice at a minimum.

 A copy of a recent newsletter from the Los Angeles County Sheriff's Department ("Impeachment by Social Network Websites") is attached for further reference.  A similar article ("Easy Way to Destroy Your Credibility and Your Career"), issued by the San Diego County District Attorney's Office, is available upon request.  Any questions regarding this subject may be referred to the CBP Assistant Chief Counsel's Office.                       

 

 

 

Friday, 20 November 2009 from NBPC Web Site

One of Agent Rosas' killers surrenders and pleads guilty to murder

 

Christian Daniel Castro-Alvarez, a 17-year old illegal alien, surrendered to Federal authorities and entered a plea of guilty in U.S. District Court regarding the July 23, 2009 murder of Border Patrol Agent Robert W. Rosas near the border in Campo, California. The other assailants remain at large. Through his attorney, Castro-Alvarez  claims that he was only trying to rob Agent Rosas, but shot him in an ensuing struggle over a firearm. The crime with which he is charged, second-degree murder of a federal officer in perpetration of a robbery, is punishable by a maximum term of life in prison. His sentencing is scheduled for February 19, 2010.

The National Border Patrol Council is relieved that one of Agent Rosas' murderers will be held accountable for this atrocious and senseless crime, and is hopeful that his cooperation will lead to the arrest and conviction of the other perpetrators.

Read the Plea Agreement

 

 

GS-12 UPGRADES STATEMENT FROM NBPC

Wednesday, 14 October 2009

 
Ending months of speculation, the Department of Homeland Security announced on October 14th that it is raising the journeyman pay for Border Patrol Agents, Customs and Border Protection Officers and Agriculture Specialists from grade GS-11 to GS-12 effective early next year. The National Border Patrol Council has long advocated the implementation of financial retention incentives, and appreciates Secretary Napolitano's recognition of the service and sacrifice of these dedicated front-line employees. Despite repeated inquiries over the course of the past several months, the Union did not receive official confirmation of the upgrade until the general notification was provided to all employees.
 
The upgrade will not affect the current overtime system since any such changes would have to be approved by Congress. When pressed, Chief Aguilar conceded that management intends to review the premium pay system in the near future, which raises concerns that the Agency will once again attempt to convince Congress to reduce the overtime pay of Border Patrol agents, even though they are currently paid less than time-and-a-half for their overtime hours. The Union will vigorously oppose any such efforts.

 

 

GS-12 UPGRADES

 

If you haven’t already heard, Napolitano announced an increase in journeyman pay for all of CBP. The following was posted on the agent’s only message board. I assume it was posted on CBP.net today. It says NBPC was informed; however, NBPC was informed for the first time today during a meeting w/Aguilar. NBPC intends to address the lack of information with Napolitano’s office and to request information about the plans for overhauling premium pays in 2011.  A website posting for the NBPC site is currently being drafted.


(10/14/2009)
The following Q&As are intended to provide employees with answers to questions they may have, regarding the upcoming rise of the journey level for the frontline positions from GS 11 to GS 12.

Who is eligible to advance to the GS-12 level?
Border Patrol Agents (BPAs), GS-1896, Customs and Border Protection Officers (CBPOs), GS-1895, and Customs and Border Protection Agriculture Specialists (CBPASs), GS-0401 at the GS-11 level who have one year time-in-grade as a GS-11 and have demonstrated their ability to perform successfully at the GS-12 level.

Will I need to compete for the GS-12 Level?
No, CBPOs, BPAs, and CBPASs who are eligible for promotion will be non-competitively promoted to GS-12 if they have one year time-in-grade as a GS-11 and have demonstrated their ability to perform successfully at the GS-12 level.

How will GS-5, 7, and 9 level positions be affected?
The position’s full performance level will rise from the GS-11 to the GS-12 and the following employees will be reassigned to revised position descriptions:

  • 0401 GS-5/7/9/11/12 Non-Supervisory CBP Agriculture Specialists
  • 1895 GS-5/7/9/11/12 Non-Supervisory CBP Officers
  • 1896 GS-5/7/9/11/12 Non-Supervisory Border Patrol Agents

What will be the effect on supervisory positions?
HRM is reviewing all supervisory positions and applying the OPM classification standard to determine the appropriate grade. GS-12 first-line supervisors with one year time-in-grade may be eligible to be upgraded to GS-13. GS-13 first- and second-line supervisors with one year time-in-grade may be eligible to be upgraded to GS-14.

As a GS-14 Supervisor, will I be promoted to the GS-15 level?
GS-14 supervisors will be reviewed on a case-by-case basis to determine if a full performance level of GS-15 is supportable when applying the OPM classification standard.

Will Program Managers in the 0340 series be promoted?
There will be no immediate change to the full performance level of Program Managers in the 0340 series. However, HRM will review the positions in concert with the Program Offices.

Will the full performance level of CBPOs (Enforcement) change?
The full performance level of CBPOEs is currently under discussion with HRM and the Office of Personnel Management.

Will the full performance level of BPAs in specializations (BORSTAR, BORTAC, and SRT) change?
We do not anticipate a change in the full performance level of BPA (BORSTAR), BPA (BORTAC), and BPA (SRT). However, HRM will review the positions in concert with OBP and apply the appropriate OPM standard.

Will the full performance level of the BPA (Intelligence) change?
HRM will review the position in concert with OBP and apply the appropriate OPM classification standard.

Will there be any effect on my Law Enforcement Officer (LEO) or the Enhanced CBPO Retirement (ECBPO) retirement system coverage?
No, if you are currently covered as either LEO or ECBPO your retirement system coverage will not change.

What will this mean to me if I am on military duty at the time of the change to the Journey 12?
If you are a GS-5 through 11, you will be moved to the new position description with the higher journey level if you meet the established criteria. GS-12 first-line supervisors will be moved to a GS-13. Non-supervisory GS-12s and above will be assessed against the classification standard to determine if a new position description and upgrade are needed. However, since you are in a non-pay status while on military leave, you will not receive the increase in pay until your return to duty with CBP.

Where can I get a copy of the new GS-12 position descriptions?
The position descriptions are currently under review and will be available at a later date on the CBPnet, HRM electronic position description (e-PD) library.

How will my performance standards change?
At the present time, performance standards will not change. Non-Supervisory employees will remain under the CBP Pass/Fail Performance Management Program, and supervisory employees will continue to be covered under the multi-rating level DHS Performance Management System.

Will there be any effect on support positions such as the Customs and Border Protection Technicians?
This journeyman level increase applies only to CBPO, BPA and CBPAS positions and does not impact the current full performance levels of CBP Technicians or other support positions.

Will there be any change to the qualification or physical requirements of the positions?
At this time there will be no change. However, these requirements will be reviewed and updated as required.

Will more training be required?
Not as a result of this change. However, there will continue to be an ongoing effort to further develop and refine the skills of frontline personnel and update the training curriculum as needed.

If I am currently performing limited duties due to a temporary illness/injury, am I eligible to be promoted?
Yes, employees who are otherwise eligible will be promoted even though they are on limited duty status.

Has my union been consulted about this change?
CBP’s two exclusive representatives, the National Treasury Employees Union (NTEU) and the National Border Patrol Council (NBPC) have been informed at the national level.

What affect will this change have on positions outside the Office of Border Patrol and Office of Field Operations?
The full performance level of eligible GS-11 CBPASs, CBPOs and BPAs with one year time-in-grade in offices outside of OBP and OFO will also be upgraded to the GS 12.

If I have further questions where do I go?
You may send an inquiry to the journey12@dhs.gov.

 

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