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Gov. Patrick seeks to replace road detail cops with flagmen PDF Print E-mail
Written by David Liscio   
Friday, 28 March 2008

BOSTON - A bill under consideration by the state Legislature would eliminate the use of police officers at some roadside construction sites and replace them with lower-paid flagmen to direct traffic.

The concept, supported by Gov. Deval Patrick and top legislative leaders, isn't novel. Most states rely on civilians to keep work crews safe and automobile traffic flowing around work sites. In fact, some construction companies have long joked that handing the prettiest woman employee a flag and having her stand along the roadside does more to slow traffic than speed bumps and flashing police lights.

In Massachusetts, police unions won the right to require that construction and utility crews be guarded at the work site by a police officer on a paid detail, the funds obtained from the contractor. The unusual policy has been highly prized and defended by police union officials and proved a boon to police officers seeking to supplement their salaries.

The policy also has been a clearly visible target for elected officials and government auditors seeking ways to balance budgets and keep costs in check. While police representatives argue that the cost of the arrangement is borne by the contractors and utility companies, others contend the expense is simply passed along to customers in their monthly bills. Many of these same critics point to work sites where the need for a police officer is questionable, such as along less congested streets.

Critics further contend that such work sites leave the police officer with little to do but chat with the workers, talk on a cell phone and drink coffee, or simply sit in the police cruiser, all of which creates an unbecoming stereotype. They further contend that working private road details leave the police officers tired and less effectual when the time comes to do their full-time job of law enforcement.

The proposed legislation, fueled by Senate President Therese Murray with the support of House Speaker Salvatore DiMasi, would establish guidelines for the use of flagmen.

Murray said the guidelines could be in place in a matter of months. She estimates the use of flagmen would save $100 million over 20 years.

As expected, most police departments aren't in favor of the bill.

"I'm not a big fan of the idea," said Lynnfield Police Chief Paul Romano. "I think there's a purpose to be served by having a police officer on these details. Some departments go overboard, but most chiefs I know try to be reasonable and have details in places that contractors want them."

According to Romano, all Lynnfield police are emergency medical technicians and academy trained. "They have more of an interest in what's going on than some guy getting 8 bucks an hour to stand there with a rotating stop sign," he said. "I'd like to see how the state is planning to do this. I know they've talked about it for something like 20 years, but I don't know what gives the state the authority to have jurisdiction over town roads."

Romano asserted that road details have no budgetary impact because the private contractors pay the bill. "Some contractors would like to use flagmen because some of them, not all, care about the bottom line (saving money)," he said, adding that he feels more comfortable having his own officers on the roads.

Saugus Police Lt. Thomas Coogan, president of the Superior Officers' Union, said the bill must take into consideration collective bargaining issues, labor laws, and various local ordinances and bylaws for all communities.

"If it's just a proposal they're making then it's just an announcement on something they're thinking of doing and it's basically no big deal," said Coogan, who declined to comment specifically late Wednesday because he had not been informed of the particulars.

"All the debate in the world doesn't really matter because people have largely made up their minds on this issue," he said. "For all the debate on the issue, no one ever changes their mind."

In Revere, a least one local legislator and the city's top police union official said small repair jobs along side roads might be appropriate for flag holders, rather than officers, to oversee.

"There should be some open debate and dialogue on details," said Revere Superior Officers' Association President and Police Capt. James Guido, adding, "People are less likely to listen to flagmen."

Guido and state Rep. Kathi-Anne Reinstein said costs associated with replacing police with flag holders could offset potential savings. Guido said Massachusetts' prevailing wage law means flag holders could earn pay equivalent to rates negotiated in police union contracts.

According to Reinstein, the state would also incur the cost of training and qualifying flag holders to work details. "I'm leery, but there could be a small role for flagmen," she said.

Eight Revere officers earned over $40,000 each in paid detail money in 2007, including one who earned in excess of $50,000.

Revere Mayor Thomas Ambrosino characterized last year's Revere Street bridge repair job as a detail "gold mine" for police officers. Reinstein took exception, saying the months-long repair job in a busy section of the city along a major route required police to safely guide pedestrians through the area and steer commuters unfamiliar with the abutting streets through a detour.

"The devil's in the details," said Lynn Police Chief John Suslak, referring to the state proposal to switch from police officers to civilian flagmen at work sites.

"Generally speaking, we have officers working details that are fully armed and in communication with other officers, and that is an advantage," Suslak said. "We've seen countless occasions where officers have noticed something or responded to a medical emergency, so the idea of replacing the officers is somewhat controversial."

While flagmen can perform the job to some extent, Suslak said he remains skeptical of the plan. "I'm not sure how much money could be saved by replacing officers with flagmen, or whether the money would get back to taxpayers," he said. "So I do have some concerns."

The current paid police detail rates in Lynn are: Security details patrol officer, $31 an hour with a 4-hour minimum. If at an establishment is serving alcohol, the hourly rate is $33 plus a 4-hour minimum, and any additional hours or portion of an hour is paid at the same rate.

Road construction, which is mostly directing traffic, pays $35 an hour in Lynn, with a 4-hour minimum, and anything beyond those four hours translates to a guaranteed 8 hours pay, plus a lunch break. Should the detail go beyond 8 hours, the officer is paid 1 1/2 the detail rate for the entire time over 8 hours.

The same applies to police details on holidays, except on a floating holiday, and emergency details beginning after 5 p.m. until 6 a.m. Strike duty is paid at 1 1/2 the detail rate for the entire time worked. A provision in the contract allows sergeants, lieutenants and captains who are in charge of three or more police officers at a detail job site to receive $3, $6, and $9, respectively, as additional pay per hour.

 
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