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Volume 19, Number 1
Winter 2004/2005
Page 1 of 6

SPRING NEWSLETTER DEADLINE
APRIL 29, 2005

FWOA News Letter -

MESSAGE FROM THE PRESIDENT

Mark Webb


Winter has arrived throughout the Nation and from my various conversations with Agents across the country, we are all extremely busy. I sometimes wonder if we are not our own worst enemies...the more we do, the more that is expected of us. It seems that on a very regular basis I receive a notice of another Agent retiring, and the majority of them prior to mandatory retirement age. I have been advised that the Fish and Wildlife Service (FWS) does not plan to have a new Agent class in 2005. This means another year that we will all be expected to step up to the plate and take on additional responsibilities/duties due to the fact that we're shorthanded.

Maybe the general public, NGOs, other government agencies, and our state counterparts need to be made aware of the fact that we are unable to respond to all of their complaints, reports of violations, or requests for assistance because there is just not enough hours in a day for our shorthanded staff to respond.
When this occurs, the importance of a fully staffed and funded Office of Law Enforcement for the USFWS will be recognized by our Administration.

Enough rambling for now. Let me update you on what the FWOA has been doing for you. We have maintained our contact with Tully and Associates, the law firm representing FWOA. They are continuing to provide us with legal advice in starting the FWOA magazine. We have also remained in contact with the publishing firm of Brent Wyatt West and are attempting to work out the legal concerns of making the magazine a reality. VP Goessman is providing us with an update on this effort elsewhere in this newsletter.

During our next annual meeting we will be discussing the use of electronic transfer of our quarterly newsletter. Even if the magazine becomes a reality, there will be a need to update our members on the activities of the association. It is proposed that each member supply an email address to the association to advise them to go to a protected section of our web page to view newsletter information or items of interest. If you have thoughts on this subject or would like to assist in any manner, please contact a Board Member or Dick Hart our Webmaster.

The efforts to reintroduce a commemorative Sig Sauer handgun for the FWOA members is almost complete. I have seen the first pistol to be delivered and believe that those of you who ordered a handgun will not be disappointed. It is expected that the weapons will start being mailed out within the next few weeks, if they have not already done so by the time you read this.

FWOA is still in need of developing a promotional packet/brochure to assist in promoting FWOA to potential new members and sponsors of our programs. We have been very successful in promoting FWOA to a handful of major sponsors who have assisted us in some of our efforts, but a glossy, colored brochure would be a real asset in these efforts.

I have recently been in contact with a number of potential major sponsors and I firmly believe that the cost of a glossy promotional brochure would be a great asset for FWOA. We are still looking for someone who is willing to step forward and take on this challenge. If you are willing to assist, please contact me or your Regional Rep.

I continue to receive requests from members on the procedures for FWOA to pay for credentials of retired Special Agents who are active members of the association. The current process is for the retired SA to submit the required form to Circee Peters with full payment and then submit a request for reimbursement to our Treasurer Bill Anderson. It is still unclear how the FWS, Office of Law Enforcement, is planning to deal with the need for retired SAs to qualify with their weapons in order to meet the qualifications required to carry a concealed weapon under the new recently passed federal law. Current policy prohibits all FWS firearms instructors from providing instruction to our retired Agents. We will pass along any information we receive from the Chief in future newsletters.

A recent change in "In-Lieu-of-Days" has been established within some Regions of the FWS. As has been the case in the past, with supervisory approval, an Agent could work on Saturday and take an in-lieu-of-day off during the same week, meaning the previous five days. Under the new policy, an Agent is also allowed, with RAC and SAC approval, to work Sunday and take an in-lieu-of-day off during the next five following days, meaning within the same work week.

Since this is establishing Sunday as a regular work day, Sunday Premium Pay must be paid and is being paid. It is expected that this will not be a normal occurrence, but is available for those few occasions when an Agent is assigned to work a detail falling over a weekend. This new policy would allow for an Agent to still have the ability to obtain two days off each week to spend with family if possible. An Agent would still be allowed to work over a weekend and claim the hours as LEAP hours if they wanted. I have personally utilized this new policy and believe it is a great advantage for the employee and the Agency. I applaud the SACs that are approving this new policy for the Agents in their Regions.

It has been recently learned that the Service has upgraded Flyway Biologists from field grade GS-12 positions to GS-13 positions to compensate them for the additional responsibilities associated with being a pilot. With several of FWOA's members being in dual function agent/pilot positions, the board is currently looking into the potential of having those positions reviewed and upgraded utilizing the same criteria used by the Flyway Biologists. If any of the current Agents/Pilots would like additional information or would be willing to assist in this effort they should contact me.

The Fair Labor Standards Act class action lawsuit filed on behalf of many of our members by Bernstein and Lipsett is finally drawing to a close. The Government settled with the Agent/p\Pilots and GS-9s and GS-11s several years ago and I recently learned that settlement has been approved for the 1812, GS-12 positions. Federal District Court Judge Bush heard the case and found in favor of our Agents. I have been advised that payment should be made by March 22, 2005. If any member would like a more current update, please call Bernstein and Lipsett's update hotline at 202-296-7222.

The FWOA Board has been in contact with Chief Adams to obtain a clarification on the policy to pay toll fees incurred as a result of an Agent driving his government vehicle to and from work. Previously some Regions paid, while others did not. Chief Adams has advised me that the issue has been discussed and that he felt that the Agents should be compensated for this expense. I expect this issue will be resolved and the Chief will set policy that these fees will be reimbursed to the Agents in the future.

It has been learned that SA Ken McCloud is scheduled for additional back surgery on his spine in an effort to reduce the pain he's currently experiencing as a result of the injury he received while performing his job. Surgery was scheduled for January 26, 2005 at John Muir Hospital in Walnut Creek, CA. We will all be praying for a successful surgery a speedy recovery for Ken.

It was with great sadness that I learned of the tragic car accident that took the life of John Webb's son-in-law. John has been a great asset for the Office of Law Enforcement and has provided a great deal of legal guidance for many of Agents over the years. A trust fund has been set up for John's grandson, Brandon. FWOA has made a donation to this fund. If any of our members would like to make additional donations, they should be sent to:

SunTrust Bank
16131 Washington Highway
Doswell, VA 23047
Attn: Amanda Dyson

All checks should be made payable to the Brandon Franco Trust Fund and you should note the account number somewhere either in a cover letter or on the check. The account number is 1000024855685.

If any of our members have questions/concerns/issues they would like to see discussed at our upcoming annual meeting, please forward them to your Regional Rep and/or a Board Member. For those of you that unaware of who your regional rep is, following is an updated list:

Mark A. Webb - President
Doug Goessman - Vice President
Bill Anderson - Treasurer
Ellen Kiley - Secretary
Chris Brong - R-1 Representative
Gary Young - R-2 Representative
Paul Beiriger - R-3 Representative
Andrew Aloise - R-4 Representative
Ellen Kiley - R-5 Representative
Kenny Kessler - R-6 Representative
Corky Roberts - R-7 Representative
Rick Giovengo - R-9 Representative
Jerry Smith - R-10 Representative (until he finds another retired SA to take over)

This list will be changing in the near future, as new elections will be held at this year's In-Service training. My two terms will be up for President, so the Association will need a qualified and energetic member to step forward to fill this position. SA Goessman has discussed the possibility of changing the terms for President and Vice-President so that they do not both become vacant at the same time. He also discussed the possibility of retaining his position for one additional year so that the two positions could be filled in alternate years. We will need to discuss this issue at the meeting. Several of the Regional Rep position will also be up for reelection, so start considering interested members to fill those positions.

FWOA continues to work hard for the benefit of our members. I encourage all of you to find time and make an effort to step forward to assist your association and fellow members. I hope each of you had a great Holiday Season and that we will have a great New Year!

MEMORIAL 5K TORCH RUN/WALK

This year's Memorial 5K Torch Run/Walk sponsored by FWOA at the North American Wildlife Enforcement Officers Association is scheduled for Wednesday, July 13, 2005, in Penticton, British Columbia. The members of the Canadian Wildlife Officers Association have offered to assist with the meal following the event. Assistance from our members is always welcomed. If you plan to attend the conference and would like to help, contact Mark Webb.

LET'S BE CAREFUL OUT THERE!

Submitted by Charter Member Mark Webb

The FBI reported recently that 132 police officers were killed in the line of duty in 2003, with guns and traffic accidents claiming the most lives.

Of the total (which is eight more deaths than in 2002), 49 were killed in traffic accidents and 45 slain with firearms. Thirty-one of those killed with guns were wearing body armor at the time.

In all cases, the average age of the officer killed was about 37 and average level of police experience 10 years. The totals translate into one officer death every 2.8 days nationally, the FBI estimated.

Authorities solved all the cases in 2003 of officers who were shot to death or otherwise intentionally killed. Thirty-eight suspects were arrested, 14 were killed by police and six committed suicide, according to the FBI.

About half of the officers killed intentionally were making traffic stops or arrests. Ten were slain while investigating disturbance calls, and nine were ambushed.

Twenty-eight of the 52 intentional killings and 37 of the 80 accidental deaths took place in the South, by far the deadliest region.

In addition to the officer deaths, nearly 58,000 officers were assaulted in 2003 while performing official duties, with more than 16,000 suffering injuries. Eight out of 10 of these attacks involved hands, fists and feet.

The report was culled from information submitted by more than 10,000 state, local, and tribal law enforcement agencies.

This should serve as a wake-up call for all of us to be as careful, physically fit, and well trained as possible. The FWS has not lost an Agent in the line of duty for many years, and I hope to see it remain that way.

MAGAZINE UPDATE

Doug Goessman, Vice President

Since the general membership of the FWOA voted at the 2004 AIS to move forward with the FWOA magazine, there have been a number of things accomplished.

Editor and Writers

Throughout the Summer of 2004 we received a number of résumés, emails, and telephone calls from several people inquiring about the editor positions with the FWOA magazine. We made the decision eventually retain one person with the title of "editor" for the magazine. Robyn Huggins was asked to serve as editor for the FWOA magazine for the first year. The writers who submitted résumés and expressed an interest in writing and submitting articles for the magazine are still in demand once the magazine starts.

So don't get discouraged because you haven't heard from us. There has been a lot going on with the actual "setup" of the magazine, as you can see when you read on through the rest of this article. Also, the writers will be compensated by the FWOA for each story accepted by the magazine. In this way, we can have the writers doing what they do best, writing and not worrying about format, editing, etc. The articles will be mailed, emailed, or faxed to the editor. The editor can then produce what is called a "blue sheet" which will contain the final edited copy of an article along with any photographs. Many thanks to Kevin Ellis, also an outdoor writer, for giving us some ideas on how articles are submitted, what prices are paid for articles and how magazines solicit articles.

Conflicts of Interest

The FWOA overcame a major hurdle when, in July 2004, our attorney, Matthew B. Tully, advised Mark Webb:

• It appeared that the FWOA, a non-profit corporation, is not forbidden from entering into a publishing contract.

• It did not appear that a publishing contract would be a violation of federal ethical rules/regulations/policies.

• Even though the FWOA consists of many DOI employees, the FWOA is not associated, in contract with, or any other way affiliated with DOI or any other government entity.

• It would be unwise for federal law enforcement officers to attempt to solicit advertisements or sponsors for a magazine.

Doing Business Nationwide

Once we received advice from Mr. Tully, I contacted the publisher, Paul Dinerman, and asked that he provide us with a draft proposed contract.

In August 2004, Mr. Dinerman injured his back and was confined to a bed and then to very limited work activity. In September he finally advised the FWOA his attorney was researching the status of the state and federal "do not call lists". In December, Mr. Dinerman advised the FWOA that his attorney was 99 percent sure that Brent-Wyatt West publishing (BWWP) could contact businesses on behalf of the FWOA and would not be restricted by any state's do not call list.

However, Mr. Dinerman did have a concern about BWWP, a for profit business representing a non-profit organization, telephoning/contacting businesses throughout the U.S. and soliciting advertisements for the FWOA magazine. As Dinerman explained, a number of states have statues that require a for profit business to register and/or obtain a license and post a bond before soliciting business in the state. Dinerman was concerned that if BWWP had to post a bond and pay for licensing fees in too many states the cost would be too much for BWWP to pay.

In order to get an idea as to how many states may be contacted about advertising in the magazine, each of the FWOA Regional Reps was asked to spend some time on the Internet and start compiling a list of major manufacturers, by name, state, and product, so we could get an idea of how many different states BWWP may actually be contacting. BWWP could then determine what costs they would have to incur for doing business in those states. A big "Thank You" to Regional Reps Kenny Kessler, Gary Young and Secretary Ellen Kiley who did an outstanding job, and all of the work compiling a list of over 170 manufacturers with their names and products.

After some editing it looks like there are about 150 major manufacturers in 33 states that could be contacted. The manufacturer information has been forwarded to BWWP. I have a meeting scheduled with Paul Dinerman in February to determine if BWWP can handle the licensing costs and logistics of contacting the manufacturers in the 33 states. I'll update everyone at the AIS in April.

Names for the Magazine

Thanks to everyone who took time to submit their recommendations for a name for the FWOA magazine. Below are suggested magazine names we have received thus far. If anyone has any more names they would like to suggest for the magazine please forward them to Ellen Kiley.

Notes from the Field
The Wildlife Guardian
Thin Green Line
National Anti-Poaching News
Wildlife Enforcement Notes
Wildlife Law Enforcement Digest
Natural Resources
Wildlife Conservationist
Endangered Kingdom
Federal Agent
Wild Things
The Wilderness Campaign
The Wild Fed
Wolfing
The Pack Report
The Predator
Field Notes
Natural Resources Guardian
Resource Guardian
Poaching Report
Wildlife Investigation News Resources
Special Agent Conservation
Endangered Species
Warden
Nature
Nature's Choice
The Federal Wildlife Officer
Wild Fed
Pathfinder
The Den Report

Thanks and stay safe.

Doug Goessman, Vice President

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