BlueNote Volume 4, Issue 3 www.ncfop.org May June 2020 The Voice of Law Enforcement Inside This Issue President’s Message By Randy Hagler 1 Directory 3 Chaplain’s Corner with Phil Wiggins 3 BlueNote Information 5 State Biennial Conference 5 Past President 7 Grand Lodge Update By Dennis McCrary 9 Legislative Update to CORVID-19 15 General Assembly 17 Message from Chairman of Trustees 17 Lodge 97 19 Lodge 74 19 Trivia! 20 Fraternal Order of Police Official Publication of the North Carolina State Lodge President’s Message By Randy Hagler – State President Welcome to May/June 2020 issue of the official publication of North Carolina Fraternal Order of Police, The BlueNote. If you receive this publication via email or download it from the ncfop.org website, please share it with all of your law enforcement friends, family, and supporters. It contains important information concerning our organization and law enforcement across the State. The COVID-19 crisis that has swept the country over the past two months has changed our lives and our profession forever. I believe this crisis will come to an end eventually, but we are certainly not there yet. I believe medicine will be developed/discovered that will combat the effects of COVID-19 and our lives will return to a more normal pace. As of now, we have lost 82 officers across the country to this deadly disease and that number will rise higher before this is over. Our officers and other first responders do not have the luxury or choice to stay home and away from the virus. We must educate ourselves on best practices and work hard to make sure we follow all of them. If you work for an agency that is not providing the proper Personal Protective Equipment (PPE), find out why and demand better efforts on their part. Please contact the State Lodge if your agency is not providing you with proper PPE and we will do our best to assist. The National Fraternal Order of Police, lead by President Pat Yoes and the National FOP Legislative Office, has been at the front of the charge to protect our nation’s law enforcement officers. President Yoes and Executive Director Jim Pasco have worked tirelessly to make sure everything that can be done is being done to protect our law enforcement officers. President Yoes has sent letters to all our nation’s governors to amend their State and local workman’s compensation laws, through either executive order or legislative action, and establish a presumption that law enforcement officers who contract COVID-19 did so in the line of duty. President Yoes has also been in contact with U.S. Attorney General William Barr requesting the same as he did of our country’s governors, that any death benefit claim in which COVID-19 is a contributing factor in the cause of the officer’s death shall be presumed to be a “line of duty injury” as defined by law unless competent medical evidence establishes that the exposure and contraction of COVID-19 was unrelated to the underlying cause of death. This would mean an officer’s family would Continued on Page 13
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BlueNote
Volume 4, Issue 3 www.ncfop.org May June 2020
The Voice of Law Enforcement
Inside This Issue
President’s Message
By Randy Hagler 1
Directory 3
Chaplain’s Corner with Phil Wiggins
3
BlueNote Information 5
State Biennial Conference 5
Past President 7
Grand Lodge Update By Dennis McCrary
9
Legislative Update to CORVID-19
15
General Assembly 17
Message from Chairman of Trustees
17
Lodge 97 19
Lodge 74 19
Trivia! 20
Fraternal Order of Police
Official Publication of the North Carolina State Lodge
President’s Message
By Randy Hagler – State President
Welcome to May/June 2020 issue of the official publication of North Carolina Fraternal
Order of Police, The BlueNote. If you receive this publication via email or download it
from the ncfop.org website, please share it with all of your law enforcement friends, family,
and supporters. It contains important information concerning our organization and law
enforcement across the State.
The COVID-19 crisis that has swept the country over the past two months has changed our
lives and our profession forever. I believe this crisis will come to an end eventually, but we
are certainly not there yet. I believe medicine will be developed/discovered that will
combat the effects of COVID-19 and our lives will return to a more normal pace. As of
now, we have lost 82 officers across the country to this deadly disease and that number will
rise higher before this is over. Our officers and other first responders do not have the
luxury or choice to stay home and away from the virus. We must educate ourselves on best
practices and work hard to make sure we follow all of them. If you work for an agency that
is not providing the proper Personal Protective Equipment (PPE), find out why and demand
better efforts on their part. Please contact the State Lodge if your agency is not providing
you with proper PPE and we will do our best to assist.
The National Fraternal Order of Police, lead by President Pat Yoes and the National FOP
Legislative Office, has been at the front of the charge to protect our nation’s law
enforcement officers. President Yoes and Executive Director Jim Pasco have worked
tirelessly to make sure everything that can be done is being done to protect our law
enforcement officers. President Yoes has sent letters to all our nation’s governors to amend
their State and local workman’s compensation laws, through either executive order or
legislative action, and establish a presumption that law enforcement officers who contract
COVID-19 did so in the line of duty. President Yoes has also been in contact with U.S.
Attorney General William Barr requesting the same as he did of our country’s governors,
that any death benefit claim in which COVID-19 is a contributing factor in the cause of the
officer’s death shall be presumed to be a “line of duty injury” as defined by law unless
competent medical evidence establishes that the exposure and contraction of COVID-19
was unrelated to the underlying cause of death. This would mean an officer’s family would
Like many of you, I am trying to find ways to cope and make the best during this COVID-19 pandemic and having to stay home and limit any unnecessary travel. It reminds me of the movie Groundhog Day where Bill Murray portrays Phil Connors, a cynical TV weatherman who is dispatched to Punxsutawney, Pennsylvania to do an annual puff piece on Groundhog Day. You know the story, once there he finds himself trapped in a time warp, living out the same 24 hours over and over again. Does this sound familiar to some of you? The movie certainly reflects what the emotional stress and anxiety can have on a person doing the same routine day in and day out. Even in the movie, at one-point, Phil loses hope and tries different means of suicide.
We are certainly not in a movie. This is real life for people around the world. Doctors and research scientists are working tirelessly trying to find a cure. Our national leaders are now talking about how soon people can safely go back to work. At the same time, our law enforcement and first responders are putting their lives on the line, and putting their families at risk, serving and protecting our communities.
This has caused many problems for families. Parents are having to home school and many have never done it before, issues for children who depended on schools for their meals, and people in abusive relationship who are now confined with abuser. Those who are dealing with loneliness are put more at risk. And the list goes on and on.
I guess looking back at the movie causes me to think how important it is to find good in each day and be good neighbors and friends to those around us. Make a phone call and give words of encouragement, make a grocery store run for the elderly and offer to help in other ways. We are God’s voice, hands and feet to a hurting world. God has not promised that we will not suffer in this life, but he has told us that he will walk through our valleys with us. He will be right by our side, and his grace will be enough.
One of the hardest things to do as a Christian sometimes is to have faith that God is working, and to not be afraid of all the things that come our way. Psalm 27:1 “The LORD is my light and my salvation – whom shall I fear? The Lord is the stronghold of my life – of whom shall I be afraid.” Psalm 121:1-2 “I lift up my eyes to the hills. From where does my help come? My help comes from the Lord, who made heaven and earth.” Matthew 6:24 “Therefore do not be anxious about tomorrow, for tomorrow will be anxious for itself. Sufficient for the day is its own trouble.”
Remember to please visit our BlueNote advertisers’ websites. These advertisers support the North
Carolina State Lodge through their advertisements and we need to visit their websites and support them
in return.
Below are the Article Submission Due Dates for the remaining 2020 issues of the BlueNote. Clip these dates
out and post them on your computer, refrigerator, etc., where they will be visible as a reminder.
Article Submission Due Dates for 2020:
July/August issue: Due by June 19, 2020 September/October issue: Due by August 21, 2020 November/December issue: Due by October 16, 2020
As always, I am here to serve you and our membership. If I may be of assistance to you, or if you have any
questions or concerns, please contact me.
State Biennial Conference Upcoming Elections By James Shores – State Second Vice President
I would like to take this opportunity to let all of our members know how much of an honor it is to be your Second Vice President of the NC State FOP. Over the last couple of years, the Executive Board has worked diligently and tirelessly together. I have truly enjoyed representing this amazing organization in Washington DC, Raleigh, and many other FOP events and locations.
I take this honor of representing the members of the North Carolina Fraternal Order of Police very seriously and very rewarding. When I go to the North Carolina Legislature and bring issues to our Legislators and help the Executive Board in obtaining better benefits and procedures for our great organization, it is extremely rewarding to know I was able to help my fellow brothers and sisters. It is with this in mind that I announce my intentions to run for a second term as your State Second Vice President during our State Biennial Conference at Carolina Beach in September. I hope you will continue to support me in this endeavor. I know we can work together to continue to grow our great organization and bring even better benefits to this honorable profession we have chosen.
I thank you for your support and I truly look forward to working together in the future as we continue to advance the greatest organization in law enforcement, the Fraternal Order of Police.
President Yoes sent out a letter to lodges about the many challenges lodges may be facing because of not being
able to hold meetings during this difficult time. It addressed such issues as election of officers and conducting
needed business. This letter is available on the Grand Lodge website. There is very limited case law on the issue
of violating an organization’s Constitution and By-Laws during unusual times but there is at least one case that
gives some guidance. The bottom line is that lodge leadership should take reasonable action to provide for the
stability of the organization during these difficult times. The reasonable action will eventually be judged by the
membership when normal meetings can continue.
As most of you know, I serve as the Chairman of the National Disaster Relief Committee. We had some very
severe storms recently strike parts of the country. The destruction was catastrophic in many areas. We do offer
grants to those members who suffered substantial loss during such events. Please keep our members and all
citizens that were affected by these storms in our thoughts and prayers.
These are some of the issues that your Grand Lodge has been addressing during the last several months. We are
certainly in some very difficult times for our members and their families. I pray each day especially for our
officers still working the front lines but also for all of our members and their families.
Many of you know that on April 23 I had some surgery on my shoulder for a serious injury. I appreciate the
calls, cards and emails that I received. I am very proud to serve as your National Trustee and please let me know
if I can be of assistance to you or your lodge. I would also like to ask for your support as I am running for
reelection as your National Trustee at the State Conference in Carolina Beach this September.
Presidents Message Continued From Page 1
be entitled to receive benefits under the Public Safety Officers’ Benefit Act (PSOB). Since that letter was written Attorney General Barr has supported the issuance of new PSOB guidelines that now cover these deaths. A comprehensive list of all FOP action taken over COVID-19 can be found at www.fop.net and clinking on the COVID-19 banner at the top of the page. I also wrote Governor Roy Cooper asking that his office issue an Executive Order that would recognize COVID-19 as an occupational disease and presumed to have been contracted in the line of duty unless it can be exclusively proven that the exposure occurred off duty. The Industrial Commission responded to my letter to the governor and said that he would be unable to issue an Executive Order for this and that it would need to be changed legislatively. Our Legislative Agent, Jeff Gray, began work on that immediately and I am very proud to say that Representative Darren Jackson (D-Wake County) has agreed to introduce legislation that supports and strengthens the workers compensation safety net for workers on the COVID-19 front lines. I would also like to thank Representative Carla D. Cunningham (D-Mecklenburg) for agreeing to sign on the bill as a co-sponsor.
Please keep in mind that our 2020 State Biennial Conference is scheduled for September 13-17 in Carolina Beach and our Brothers and Sisters in Lower Cape Fear Lodge #58 are planning for a great State Conference. They have selected an outstanding hotel for the State Conference, which is the Courtyard Marriott Oceanfront, and their planning stage for many activities while we are there are well underway. Please contact your Local Lodge for more information about the upcoming State Biennial Conference and make plans to attend.
Please never hesitate to contact me or the State Lodge if there is anything we can do to assist you, your members, or your lodge.
Legislative Response to COVID-19 By Jeff Gray – NCFOP Legislative Agent
Very quickly on the heels of the Governor’s first Executive Order declaring a state of emergency in response to the Coronavirus outbreak, House Speaker Tim Moore appointed a House Select Committee on COVID-19 consisting of 75 Representatives plus Speaker Moore as Chair. These 75 were broken down into “Working Groups” (not subcommittees as is typical) by area of focus; the four were Health Care, Continuity of State Government Operations (Emergency Services, Elections & Public Safety), Economic Support and Education. For the last month, up until the convening of the Short Session on April 28th, these working Groups have been meeting at least twice each week and taking advantage of technology by engaging in virtual meetings to discuss proposed relief bills so as to have them ready for consideration by committees and before the General Assembly during the Short Session.
The Senate had a similar, but less structured process among its members.
Because of the urgency, the legislature will likely only consider non-controversial and bipartisan legislation in the session that convened on April 28th. (See, separate article, “2020 General Assembly Short Session to be Unprecedented.”)
One of the main reasons I was monitoring these Working Group meetings, in addition to generally monitoring any legislative committee considering public safety issues, is that the Grand Lodge, and President Randy Hagler on behalf of the State Lodge, are trying to get the governors of the United States to include pandemic viruses as an occupational disease for purposes of Worker’s Compensation. President Hagler wrote Governor Roy Cooper on April 1, 2020 asking that he do so by Executive Order, similar to what he had done for unemployment benefits, but was told by a staff attorney that the Governor lacked the authority to do so. With that, I was instructed to find a legislative solution.
I had hoped to have such an amendment included in an omnibus bill arising out of the Working Groups’ recommendations but quickly learned that there was not a consensus among legislators for the inclusion; there was a fear that too many employees would make claims. So, I then suggested a “carve-out” for just law enforcement, firefighters, EMTs, jailers and prison guards. (Note: The Worker’s Compensation laws in North Carolina apply to all employees, not just select categories.)
I am pleased to advise that Rep. Darren Jackson, the House Minority Leader, has already prepared a draft bill to amend N.C. Gen. Stat. § 97-53 to add “pandemic infection contracted by a covered person,” and then defines a covered person as above. I am currently lining up co-sponsors for Rep. Jackson’s draft bill, which could be introduced in this very brief start of the Short Session, but more likely will be introduced in July.
As of the deadline for this BlueNote article, six bills addressing COVID-19 relief have been introduced in the House and the Senate passed a relief budget bill on the second day.
2020 General Assembly Short Session to be Unprecedented By Jeff Gray – NCFOP Legislative Agent
Despite the various Executive Orders by the Governor, urgings to stay at home, and “social distancing,” the North Carolina General Assembly convened as scheduled for its short session beginning Tuesday, April 28th, but it will still be a long way from “business as usual” for the state’s lawmakers.
Access to the Legislative Building is being stringently restricted in order to protect legislators and their support staff from the possibility of contracting COVID-19.
On April 22nd, Senate leadership announced that the General Assembly legislative building will remain closed through May 8th. Only members, credentialed media, and support staff needed for the legislature to function are allowed into the facility. All persons entering the building will have their temperature taken before admission is allowed, and masks and gloves will be provided.
The leadership in the House has also announced changes from the regular protocols. For at least the first part of the Short Session, members are being allowed additional time to cast floor votes so that social distancing guidelines can be observed and will not be called to the floor until needed.
The session is expected to last only a few days and it will primarily concern itself with considering important relief measures related to the COVID-19 pandemic. (See, separate article “Legislative Response to COVID-19”)
Following this brief session, the General Assembly will recess once again and return during the Summer. Predictions are for July, hopefully after the worst of the crisis has passed in order to consider further COVID-19 relief measures as needed along with budget and substantive issues normally covered in a typical Short Session.
A Message From Your Chairman of Trustees By John R. Byrd Sr.
Brothers & Sisters,
I hope this edition of the Blue Note finds everyone well and dealing with the COVID-19 Pandemic as best as
you can. We just came off our first ever virtual Board of Directors meeting this past Saturday April 25th and all
things considered I think it went very well. I think we had 42 of the 50 lodges represented in some shape or
fashion. I want to give a big shout out to Vice President Gaddy for putting the meeting together and
administering it. He did a great job.
As everyone knows by now our former Office Manager Jean Novellino passed away prior to the meeting. A
motion was made by Brother Bob Hodge and passed unanimously to hold this meeting in memory of Jean and
Phil Ferguson. A more formal recognition of both will be made at our State Biennial Conference in September.
Speaking of the State Conference, the dates are September 13 – 17 at the Courtyard Carolina Beach Oceanfront.
You should make your reservations by calling 888-616-4655. Please make sure you and your Lodge delegates
attend. We will have some especially important business to consider, not the least of which will be the
discussion about what to do about the state office. Also, there will be some votes needed on the amendments
that are being brought forward from this past Saturday’s meeting.
Continued on Page 18
www.ncfop.org 18
A Message From Your Chairman of Trustees Continued from Page 17
Brother Tony Staley has shared some information with me concerning Lodges that hold raffles. A representative
with NC DOR advised the best thing for our lodges to do prior to conducting a raffle is to send a copy of their
lodge’s IRS Determination Letter with a short letter requesting a Full-Time Exemption to conduct raffles, and
send this request to:
NC Department of Revenue
Corporate TP 1
P.O. Box 871
Raleigh, NC 27602-0871
Raffles in our State fall under the NC Gambling Laws under G.S.14-309.15. A violation of the raffle laws is a
Class 2 misdemeanor in NC and a corporation such as FOP lodges can be charged with a criminal offense in
NC. With the climate out there now, we don’t know that a local DA wouldn’t try to prosecute a lodge for a
violation of this law, but at the least some other LEO organization might seize on the fact to publicize a FOP
lodge for raffle and gambling violations which would be detrimental to our reputation in this state. Thank you,
Brother Staley, for this information.
Some highlights of my activity over the past couple of months are:
• January finalized the merger of Hubert E. Tyndall Lodge #33 with Person County Lodge #74 to form the
new Hubert E. Tyndall Tri-County Lodge #74 serving Granville, Person and Vance Counties.
• Attended Lodge #74’s Annual Awards Banquet Thursday night January 30th at 6:30pm at the Homestead
Steakhouse in Timberlake, NC
• Attended Brother Jessie Jernigan’s brother’s funeral along with President Hagler, Past-President Mangum
and Chaplain Wiggins who performed the service on Monday March 23rd.
• Participated in virtual E-Board Budget meeting on Sunday March 29th.
• Meet with President Hagler at State Office in Cary on Monday April 20th.
• Attended virtual E-Board Meeting at State Lodge in Cary on Friday April 24th.
• Attended virtual Board of Directors Meeting at State Lodge in Cary on Saturday April 25th.
• Submitted Blue Note article on Tuesday April 29th.
As always, I am here to serve you. You can call me anytime at 335-504-8173 or email me at
[email protected]., if I can be of any assistance to you or your lodge in any way.