Tuesday, May 26, 2009, 4:54 PM
Opinion
By Stephanie Ramage

PETITION TO REINSTATE ATLANTA POLICE SGT. SCOTT KREHER

Remember the old maxim, “Never judge politicians by what they say, judge them by what they do”? 

How strange it is that we apply exactly the opposite standard to a police sergeant. 

Police Sgt. Scott Kreher has served the citizens of Atlanta with honor for 17 years. Yet, when frustration over Mayor Shirley Franklin’s treatment of officers catastrophically injured in the line of duty got the better of Kreher at a City Council meeting on May 20 and he said the matter made him want to beat the mayor in the head with a baseball bat, he was judged solely on what he said in that few seconds, rather than on the basis of nearly two decades of devotion to the city. Mayor Franklin said she would file charges against him and she had him suspended from duty.  

Franklin’s double standard is apparent when one looks at her behavior at the closing of Fire Station No. 7 on Whitehall Road last summer. The struggling area of refurbished neighborhoods and desperate pockets of poverty fought to hold onto fire protection after Mayor Franklin decided to terminate its only fire station. The residents turned out in force at the station’s closing ceremony on July 14, after fruitlessly voicing their unhappiness with Franklin’s decision. Fed up with her lack of responsiveness, some of them resorted to shouting at the apparently selectively deaf mayor. Franklin retorted in an angry and threatening manor: “Now you know what’s going to happen, these ladies and gentlemen have never seen the Philadelphia side of me; I’m going to come over there and have the conversation.” 

No one said boo about the inappropriateness of this remark in the face of frightened residents worried over the safety of their homes and children. The wall of silence by the media—and I include myself in this indictment—was more of the same free pass the press has given Mayor Franklin for the past five years. She can apparently say anything without fear of retribution.  

Worse yet, she can apparently do anything without fear of retribution. When her daughter Kai pled guilty to laundering money for one of the most violent drug kingpins in the history of Atlanta—Kai’s then-husband Tremayne Graham—and it came to light that such a dangerous thug had been hanging out socially with the mayor and spending time in her home, the response of the city’s press and citizens was, once again, that Mayor Franklin wasn’t so bad.  

Similarly, when Franklin’s obsession with landing a federal post distracted her from the very serious business of running a major metropolitan city and the city slammed into huge deficits, no one said much.  

When crime rose to levels of brazenness heretofore unseen in Atlanta and Franklin decided to cut the police force’s hours to balance the budget she had unbalanced with poor planning and wasteful programs, however, people started waking up. That was last December, and since then the citizens and the police have reached out to each other. There’s plenty of communication going on between the cops and the residents, so much so, in fact, that Mayor Franklin can no longer hide the things she has done to the police department.  

Like the way that her administration has failed to pay the workers compensation it owes police officers who are paralyzed and brain-damaged as a result of injuries they sustained in the line of duty (their story was told in the Sunday Paper on May 17, in “Badges, Bullets and Broken Promises”). Last week, Franklin told Fox 5 that she couldn’t talk about the officers’ situation because she hadn’t been briefed on it.  

I’m perplexed as to why the mayor wouldn’t be familiar with the officers’ situation when they have been writing to her about their problems getting the city to pay for their medication and wheelchair repair for the past two years. Even if someone else were answering her mail for her, why did the mayor still not know about the officers’ plight five days after SP ran the story and two days after Kreher said that thinking about how she’s treated the officers made him so mad he wanted to beat the mayor in the head? If someone said that about me, I believe I’d familiarize myself with the source of the frustration. Yet, Mayor Franklin hadn’t.  

The City Council isn’t much better. Kyle Keyser, founder of Atlantans Together Against Crime, lugged a crate of petitions signed by 7,000 citizens demanding an end to police furloughs http://www.ipetitions.com/petition/ATAC-Feb2009/index.html

to the same meeting where Sgt. Kreher made his now-infamous remark. What the news hasn’t told anyone is that it was Kreher who asked the council to please break with their format to allow Keyser to share with them what 7,000 citizens had to say. In most cities, such a huge number of signatures would generate some interest in elected officials. And it should generate that kind of interest in Atlanta, where the number represents about 10 percent of those who turned out to vote in 2005. But it didn’t.

Councilman Howard Shook informed Keyser that the meeting’s format didn’t allow for public comments and though a couple of members of council said they’d like to see the petitions, they said it kind of like sated people admiring a passing dessert tray.

Kreher himself is more responsive than any politician in the city. He’s attended citizen rallies against crime, invited the media, the council, and citizens on ride-alongs with the PD, and has always been available to answer questions. Atlanta desperately needs this man back on the job, and we need more cops like him.  

TO ADD YOUR NAME TO THE PETITION TO REINSTATE SGT. SCOTT KREHER, PLEASE VISIT

http://www.ipetitions.com/petition/reinstatekreher/index.html

Stephanie - signed, sealed and delivered. Also a note to everyone reading this article. You do not have to live in the city of Atlanta to sign this petition. Tell everyone about this petition regardless of where they live!! We need Scott back at work doing what he does best.

April
Tuesday, May 26, 2009 at 6:12 PM

I can't thank you enough for your hard work concerning the Police Department and the way it is being run into the ground by the very people who are suppose to be in charge of keeping this great city safe. The total lack of responsibilty to the citizens by the Mayor and the Chief is nearly unfathonable. Keeping these issues in the spotlight and the groundswell of accountability brought on by this and such groups as ATAC will only help to make the citizens aware of just how out of touch the leaders here truly are. The cheap and childish way they are treating Sgt. Kreher's hard work and dedication to the City he is sworn to protect is yet another slap in the face to those who actually work the streets on a daily basis and interact to solve problems that affect the citizens, workers, and visitors here. Maybe the Mayor and Chief should try that for a change, might be a real eye opener.

rob
Tuesday, May 26, 2009 at 8:09 PM

For those of you familiar with our own Devil's Advocate web troll, Andre.

Hopefully this most recent exercise will help save some breath for those of us in short supply.

Copy and paste into your browser.

http://www.sundaypaper.com/More/Archives/tabid/98/articleType/ArticleView/articleId/4090/THE-POLICE-AND-CITY-HALL.aspx

Turner
Tuesday, May 26, 2009 at 9:13 PM

By the way you don't need to donate to ipetition to sign the petition.

Money donated will not go towards Sgt. Kreher's cause. It is for the ipetition site itself (as the disclaimer says)

You can simply close the window.

Turner
Tuesday, May 26, 2009 at 11:16 PM

By the time you read this, I will be out of the country on vacation. I will be gone until June 7. In the meantime please know that the petition costs nothing. If you get to that screen with the money figures just hit the back button then click on signatures and you will see that your signature has registered.
Please sign it. Please stay in touch with ATAC and the IBPO for upcoming announcements. Watch this space for guest blogs by Tina Trent. Look out for my column this weekend.
Above all, look out for each other. If nothing else has come of Atlanta's trials by fire under bad leadership, a few things have emerged--a leader named Sgt. Scott Kreher, a community organizer named Kyle Keyser, and a whole city of citizens and police officers working together.
Farewell, have b*lls, and remember the words of Edmund Burke: Evil triumphs when good people do nothing. -- Very best, Steph

Stephanie
Tuesday, May 26, 2009 at 11:22 PM

I say Kreher must go. Calm disciplined response in times of trouble is the standard of performance needed in policing these days. He lost it and in doing so made himself the issue rather than the officers he represents.

liz
Wednesday, May 27, 2009 at 12:33 AM

Public officials should use practical wisdom and think before they open their mouth. In this case, Sgt. Kreher's statement was inappropriate and he should be held accountable for his statement. Once you make a statement you can not take it back.

If the citizens of Atlanta believe that the Mayor is not doing a good job, they have the option of making a change on election day. It is simple as that.

Michelle
Wednesday, May 27, 2009 at 3:25 AM

Liz--Yes, you can take it back. And he did. Kreher apologized to Mayor Franklin. Good leaders, even just normal, mentally healthy people, accept apologies, but she hasn't. His comment is far less egregious than Franklin's treatment of Biello, Williams, Buffington, Cocciolone, and Phinney. And, face it, his comment, ill-chosen as if may have been, has brought more attention than any workers' comp story ever could have to officers injured in the line of duty. As a wonderful Wall Street Journal columnist once said "Some go too far so that others may go far enough."
Michelle--No, actually, Franklin's fate won't be decided by an election. Her term limit is up in less than a year, however, Atlanta has to suffer through her erratic behavior in the meantime. Under the circumstances--can't vote her out, probably can't get her to resign--the only choice the citizens and other public officials have is to let her know that she does not have carte blanche. She has a duty to respond to the needs of her officers and the citizens. That's why it's so important to support Kreher.

Stephanie
Wednesday, May 27, 2009 at 7:43 AM

"Walk softly and carry a big stick."

- Theodore Roosevelt, 26th President of the US

Hmmm, guess he wasn't a very good political figure or leader, by Michelle's definition.

"I did not have sexual relations with that woman."

- William Jefferson Clinton, 42nd President of the US

Guess he can't take that back, either. I suppose they were wrong not to impeach him.

"I will not comment on that situation before I have a chance to investigate it"

- Shirley Franklin, Mayor of Atlanta

Ooops, guess she's stuck with that one forever as well, because we all know that words can never be retracted. In fact, every newspaper in existence should be put out of business because nothing ever written can ever be retracted, and I can't think of a single newspaper or, for that matter, media publication, that has not at some point issued a retraction.

President Obama apologized to the Special Olympics. Guess that didn't count either. He should resign immediately, right?

Since when do "political and public figures" become super-human, incapable of making a mistake or losing control of their emotions? I suppose we should start electing robots pretty soon, because I have yet to meet the human being that has not experienced regret or expressed an apology at some point in their lives. And I would hate to think that I will never receive an apology for the years of suffering I have experienced due to the manner in which I have been treated by political figures.

Then again, I am biased. Sgt Kreher stepped forward to help me and my fellow catastrophically injured officers, and it wasn't his job to do so. He did it because he felt it was his moral imperative. It *is* Mayor Franklin's job to do so, and also her official responsibility, and she still has done nothing to fulfill that obligation. I suppose she can't take that back either.

I also question whether or not Richard Pennington's office can take back the release of privileged medical information relating to Sgt Kreher, which they did when announcing publicly that he needed a "psychological evaluation." The last time I checked, there were Federal Laws prohibiting the release of such medical information, to protect the privacy of individuals. Obviously City Hall is aware of such, since they used that excuse when refusing to comment on the situation with Injured Officers, ironically enough when my medical information is available to the public as soon as it is referenced in my Worker's Compensation case, since all court cases are open to public scrutiny.

But, maybe these rules about retractions are only selectively applied. I guess I'm not the only one with a bias. But then again, at least I am open and honest about mine. That I do not want to retract.

Sgt. Ryan Phinney, APD, Retired due to disability

Ryan
Wednesday, May 27, 2009 at 9:36 AM

I disagree with you Sgt. Phinney. An individual should use practical wisdom and think before speaking. Inappropriate statements can be used against individuals can smear their image or worse can ruin their career. Recall, the infamous statement made by former Surgeon General Jocelyn Elders that ultimately lead to her firing.

In addition, i some cases inappropriate statements can even have legal consequences. Some instances of inappropriate statements with legal consequences include slander, defamation of character or assault. In the sergeant’s case, he could possibly be charged with the crime of assault. Assault is defined as “The threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact” according to Black's Law Dictionary, (Garner, 2006). This is most likely the reason for Mayor Franklin's statement that she may press charges.

In my opinion, on Election Day citizens have a choice. If Mayor Franklin runs for office, they have the option to vote for someone else. I am fully aware that she can not be voted out of office.

Mashelle
Wednesday, May 27, 2009 at 5:46 PM

Liz - No one is disputing that Sgt. Kreher's comment and timing were ill-advised but you are wrong that his comment made the story about him and not the disabled officers.

It was Mayor Franklin and her PR machine (AJC) who made it about Sgt. Kreher. Because most of the media (thank God for Stephanie) didn't tell the whole story. Sgt. Kreher was speaking on their behalf as well as any other officer who might be injured in the line of duty in the future.

Sgt Kreher has had the humility to apologize publicly while Mayor Franklin obviously doesn't possess that quality. She will do whatever she can to keep the citizens of Atlanta from finding out the whole shameful story.

You are right; it is about the disabled officers and their treatment and their story. Because of Sgt. Kreher that story is not being swept under the carpet.

I for one owe him a debt of gratitude.

April
Wednesday, May 27, 2009 at 5:47 PM

Mashelle -

1st question: Have you never been so absolutely frustrated and angry that you lashed out and said something that you should not have? I'm human enough to admit that I have. Does it make it right? No, but why hold Sgt. Kreher to a standard that is above human nature? Again, he did have the humility and grace to publically apologize. The Mayor has yet to show any such integrity.

2nd: In order for it to be a 'threat' as you stated it must be considered 'imminent'. Mayor Franklin wasn't even in town. If any of the members of the City Council thought it was a serious threat the proceedings would have come to a grinding halt. They didn't.

As far as legal action, the Mayor doesn't have a leg to stand on; which is why she is saber rattling and trying to shift focus from the real reason behind Sgt. Kreher's comments. She doesn't want the public to know that she is the "wrong doer" here. Bordering on criminal? Perhaps.

The people who should be concerned about a lawsuit is Chief Pennington and Mayor Franklin who disclosed personal medical information when they stated that Sgt. Kreher would be suspended and must have a psycological evaluation. That was a HUGE no-no and they could potentially be in deep **it. Again, they are trying to cast aspersions on a passionate, decent and honest man. Does your legal perspective consider that slander or defametion of character? Hummm I wonder.

April
Wednesday, May 27, 2009 at 7:41 PM

Well, Mashelle, the great thing about this country is your right to disagree, and voice it publicly.

I would like to point out that Black's Law Dictionary is a compendium mostly drawn from Old English Common Law. It is not the law of the State of Georgia. However, even your citing of Black's Law listed the requirement that the apprehension was reasonable and that it was of "imminent" contact. She was out of town. How imminent could she possibly have thought it was?

The GA Criminal Code defines simple assault as:

Title 16, Section 16-5-20

(a) A person commits the offense of simple assault when he or she either:

(1) Attempts to commit a violent injury to the person of another; or

(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

Now, since Shirley Franklin wasn't present, I would gather that any "immediate" apprehension of violent injury would have been rather difficult to manage. Maybe she is psychic, but that would leave in question her lack of knowledge about the pain and suffering of five injured police officers.

I doubt she could get a finding of Probable Cause for the crime of simple assault. Obviously the two police officers seated with Sgt. Kreher didn't believe such existed. Those officers have not been charged with Dereliction of Duty nor Failing to Act in the Presence of a Crime. That seems to indicate there is room for doubt as to Sgt. Kreher's "intent." And, in a criminal court, intent is a necessary element of almost all crimes. By the way, did I mention that I scored the highest grade ever recorded on the Criminal Law test given at the Atlanta Police Academy? I was investigated for cheating, and after being interviewed, my grade was upheld. Being Eidetic has its advantages. I missed one question on the entire test, for a nearly perfect score.

As for any election, her two terms are coming to a close, and term limits prevent her running for reelection. Hence, her job as Mayor is headed to its end regardless of what she does or does not do. That outcome is predetermined. All that remains is her reputation after the fact. I really don't know how much she cares about that.

I do know I would much rather see action than hear words. I already heard the words that, if I was injured, I would be cared for in the manner such a sacrifice deserved. I have yet to see the action behind those words.

So, call me names, issue veiled threats, question my parentage and genetic descent until you have exhausted your imagination. All I ask is for decent and timely medical care so that I may live my life to it's natural end.

Sgt. Phinney, APD, Retired due to disability

Ryan
Wednesday, May 27, 2009 at 8:04 PM

Folks, Kreher is suspended with pay and more than likely will not be charged no matter how much Franklin talks about it or is frightened. This is a lesson for him, for her and us. Personal attacks whether words, threats or actions do distract from the main issues. Look around the world and there is evidence everywhere. Fighting words lead to fights. People die and are injured and the problems of the majority of folks are ignored or diminished. Ramage is free to make her point. So are Franklin and Kreher. Attacks on Franklin are counterproductive. Let's get back to building a successful city. Any injured employee, officer or not, deserves fair treatment. The 5 officers have recourse to a state authority and legal remedies. The checks and balances are built into the system and Franklin can't do anything about that if she wanted too. Franklin is out of office in a few months. For those who think she's the problem she'll be gone in 6 months. She won't be running for office again she says. She'll be a vague memory a year from now. Remember she barely won the race in 2001. She knows she can't win or even run a credible race statewide in GA. Her long held positions on gay marriage, immigration, college access and the death penalty don't play well in Atlanta and definitely wouldn't work around the state. Franklin was smart enough to get elected as the first woman mayor when polls indicated she couldn't and smart enough to get citywide buy in for the sewer project. She's smart enough to leave office and not look back leaving leadership to the next mayor and Council. Get on with it.

liz
Wednesday, May 27, 2009 at 9:32 PM

Thanks Liz, great update!


For those of you who don't want to wait till November to get screwed head out to the next Public Budget Hearing June 4th @ 9am at City Hall

Turner
Wednesday, May 27, 2009 at 11:43 PM

The news media did not state that the Mayor was out of town. So, I did not have all the facts.

As far as the disabled people officers, they should have the support that they need, because they have served the city of Atlanta.

April, I never implied that anyone was guilty of slander or defamation. However, I do believe that if Mayor Franklin was present she would have been in imminent danger.

By the way, I am not a resident of the state of Georgia.

Mashelle
Thursday, May 28, 2009 at 6:05 AM

Dear Stephanie,

Thank you soooooo much for all your recent articles regarding the police, Mayor Franklin, and safety in Atlanta.

Every week I pick up your paper and feel as though you are giving voice to many of my frustrations. I have recently moved here from Toronto, ONT (two and a half months ago). I am a female in my late 20's. I have travelled all over the world, been in many countries....rich, poor, third world, and many dangerous. Never in my life have I worried more about my own physical safety then while I have lived in this city.

The way this city has been run is an embarrassment to every person in office in the city of Atlanta, especially the Mayors.

Does no one realize that Atlanta is already one of the most dangerous cities in the US? Who in their right minds thinks people are going to want to come here and pour money into a city where they have to constantly worry about getting stabbed, having their car stolen, being robbed...the list goes on. Why on earth in this economic climate would you put your already short staffed police offices on furlough. It makes no sense, all it does is re-itterate that Mayor Franklin has no sense of pride or regard for this city. If she did she would realize that she has sent the city spiraling downwards with her horrible mis-management and glossing over of crime.

Although after reading that her daughter was married to a drug lord I really think she must turn a blind eye.

I have to spend so much time educating people outside of Atlanta that there really are nice areas of the city, it is not Detroit, however Mayor Franklins actions have only solidified in many peoples minds that this place is nothing more than a dangerous hole. I am starting to wonder if all my endorsements of the city have been in vain as I myself don't even want to leave my house.

Why aren't people doing more to stand up against these horrible decisions that are being made?? This is so frustrating, I can completely understand Sgt. Kreher comments as I am sure any person who reads any paper in this city feels that same anger, frustration and exasperation on a daily basis. I know I certainly do.

Rachel
Friday, May 29, 2009 at 2:01 AM

I think Atlanta should resolve all issues pertaining to disability benefits for injured police officers. I also think the starting pay for police should be $50,000 and the city should "assist" with the education of police in "good standing." To accomplish this goal some of the same people complaining about the mayor's support of police should also support tax increases!

Everyone wants more services, including more police and fire protection but very few want to face the reality that all of these goals cost more money! Is there waste in the city government? Yes! We must address waste including low productivity in the police department but eliminating waste will not cover inflation, salaries, benefits, insurance, equipment, etc. The city is not exempt from same financial problems that has beset the global economy so this sense of entitlement is not realistic. None of us can expect salary increases for now and I am really tried of the veiled threat that if we citizens do not give the police what they want the criminals will take over. Our fine police are paid to do a job and when they grow tried of that job they should seek employment elsewhere!

Now that I've stated my support for police I also feel that Mr. Kreher should be terminated for insubordination and for making terrorist threats. The law cannot have a double standard and the excuse that Mr. Kreher was frustrated is no more acceptable to the public than when the police arrest a citizen for making the same threat when equally frustrated about some issue that is equally important to them.

If Sergeant Kreher cannot control his emotions in front of the city council and his boss, I am very afraid what he would say or do to a citizen when he is performing his duties as the enforcer of the law.

James
Friday, May 29, 2009 at 11:50 AM

James I hope you can prove that Sgt. Kreher made Terrorists threats. I am so tired of explaining the law to people who think they know what's going on.

Please post the Ordinance you are referring to before you Slander this man any more than he already has been. Should I call your boss right now and ask for your job?


I would like to also add that the Services that these citizens are 'screaming' about ones that are backed by Law. Citizens are now being Taxed More for Less Services. They should not be screaming for more taxes, in fact that would further erode the City's Financial position.

We have a Revenue problem.

We have 500,000 residents paying for services for 5,000,000. Our expenses have increased in relation to our population, however, our revenues did not BECAUSE the administration steadily decreased the property tax rate over the last 8 Years.

Of course the people are going to support a tax relief but it's the CEO of this City's job to manage our revenues which have been in the red since 2005.

BECAUSE of the reckless fiscal policy this City has employed Disabled Officers are now being denied Oxygen, Migraine medication, Wheelchairs and our Officers have seen a 40% reduction in pay.

These Officers have to suffer because Shirley Franklin doesn't know what a Balance Sheet looks like. That is negligence and an ACTUAL crime.

We are going Bankrupt.

The ONLY solution this City has is EXTERNAL revenue such as a City Tax, State Assistance or the Mayor can declare a State of Emergency right now which will grant us access to Federal funds to cover our gap so we will still be able to BORROW MONEY.

If we can't then there go the Banks and the whole ball of wax. I have seen their financials, have you?

More damage than any Terrorist could EVER do. So like we have been doing with every idiot that comes in here calling for Scott's Job.

WHY AREN'T YOU DEMANDING THE MAYOR'S JOB?

She IS actually hurting people, putting their lives in jeopardy and wasting valuable State and Federal resources investigating something that she already knows will result in a dismissal.

Because once again, Scott didn't break the law, he got emotional in a Public forum.

We check people's statements over here James. The AJC is better for uneducated statements.

Turner
Friday, May 29, 2009 at 3:04 PM

Amen Turner!

James - If you would like to be better informed on the laws concerning threats you might want to read Sgt. Ryan Phinney's comments on two earlier blogs:

"How Mayor Franklin Gets Revenge; Cop Suspended

and

"Shame on Mayor Franklin and the AJC.

In case you are not aware the Ryan on this blog is indeed one of the injured officers you should have seen on the news quite a bit in the past couple of weeks. Sgt. Phinney does a terrific job at explaining the whole issue of threats.

Check it out.

April
Friday, May 29, 2009 at 3:58 PM

Or read his comment on this blog. I would also suggest that just reading the article and replying might not be a good idea here. If you read what other people have written as well you'll get a much better understanding of the "WHOLE" picture.

April
Friday, May 29, 2009 at 4:03 PM

Dear readers,

The citizens of Atlanta and the disabled police officers would be better served if their supports could deal with the care of said police officers in a respectful and professional manner. Calling people who disagree with you idiots or telling them they need remedial lessons in law interpretation will not work!

I stand by my comment that any adult male, especially one with a badge and a gun, should not make statements that involve beating any women in the head with a bat! Our jails are full of people who could not control their emotions or their mouths. Let's make sure while we are lamenting the erosion of Atlanta's tax base, the increase of crime and the shameful treatment of these disabled police officers we do not become hypocrites by supporting the comments of Sgt. Kreher.

James
Saturday, May 30, 2009 at 12:31 PM

James - I don't support Sgt. Kreher's comment. As I've stated it was ill-advised in both content and timing. I do however support his passion and willingness to put himself on the line to get the word out. I also personally understand how he could become that frustrated and angry with the Mayor and City Council. Been there, done that.

These disabled cops have been dealing directly with both the Mayor's office and the City Council for several years to no avail; until Sgt. Kreher made his comment and the media and the Mayor turned it into a circus. Thank God for their stupidity and arrogance.

It is not enough to just get these forgotten heroes caught up with all the medical care the City has been neglectful of (that actually can't happen in some cases because the overall health of these officers has been diminished as a result of that neglect).

The system by which these abuses were allowed to occur MUST be changed. That ultimately is the real goal here.

Sgt. Kreher will ALWAYS be my hero. Not for his outburst but for the fact that he has integrity, courage and a burning passion to see that things are done right.

He was willing to be the voice of ALL of his officers. I'm sure that he sees these disabled cops in their current state and says, "There but for the grace of God go I". Sgt. Krejer first needed acknowledgement, from the Mayor and the City Council, that these abuses exist and then they can work together to change the system for the good of EVERYONE, including the citizens of Atlanta. But the City wouldn't even admit that it was happening.

The dam has broken and Sgt. Kreher's comment is now water under the bridge. Let's work together to find out how this happened and put a system in place that will have checks and balances so it doesn't happen again.

The political wrangling is far from over and I can assure you there is much more to uncover about this situation but the momentum is strong to move forward and correct the circumstances that allowed this to happen in the first place.

Sgt. Kreher and many like him will be vital to the success of that goal. It's time to move forward.

April
Saturday, May 30, 2009 at 2:10 PM

According to an article on the AJC, "On Thursday, International Brotherhood of Police Officers’ President David Holway delivered a letter to Franklin, demanding a public hearing for all injured city employees who have filed workers’ compensation claims. Several officers, who were severely injured on duty, have complained of not getting proper medical care or payments from the city", (http://www.ajc.com/services/content/metro/atlanta/stories/2009/05/28/police_union_workers_comp.html?cxtype=rss&cxsvc=7&cxcat=13).

Why haven't the Union Leader not requested a hearing before the Georgia Worker's Compensation Commission, considering that the Mayor and City Council have not done nothing?

I found this article regarding Workman's Compensation on the Georgia Workers' Compensation Solutions website:

"If you do not receive any (Workman Compensation) benefits, you may request a hearing before the State Board of Workers' Compensation ....... A hearing is like a trial in the courts of Georgia. Your case will be decided by an Administrative Law Judge who listens to both sides of the case and determines what benefits, if any, you should receive. The judge's decision will be based on the law and the facts involved.
The hearing generally will be scheduled within 45-90 days from the time the judge received the request", (http://www.georgiawcsolutions.com/insurance-101/georgia_workers_compensation_law.htm).

"Most workers’ compensation claims can be handled without having to hire an attorney. However, if you feel that an attorney is needed, the Workers’ Compensation Statute limits the attorney’s fee to a maximum of 25% of income benefits received, not to exceed 400 weeks of benefits. In addition, you would also be responsible for paying any expenses associated with the pursuit of your claim", (Georgia Workman's Compensation website, http://sbwc.georgia.gov/vgn/images/portal/cit_1210/59/57/13928589employee_handbook.pdf).

I hope that the issue can be resolved. If not maybe you should contact your Legislative Senator or Representative for assistance. In addition, you could possibly lobby the Worker's Compensation Commission to have the rules changed. My state allows individuals to offer input regarding agency rulemaking.

Mashelle
Saturday, May 30, 2009 at 3:42 PM

James and Mashalle,

If you actually want to contribute to this conversation it would benefit you to read the other 8 articles that have been written on the Legislative process, the Mayor and the AJC Reporting deficiencies that Stephanie has written on the subject and the rest of us have commented on.

You will find links to them on the right towards the top of the page.


If you truly want to help these disabled officers you will educate yourself on what has already been done and more importantly what has NOT been done.

James if you want to stand by your statement can you please post the Ordinance that would classify Sgt. Kreher's statement as a Terrorist threat.

Turner
Saturday, May 30, 2009 at 5:00 PM

Turner,

I have worked for the Legislature in my state. So, you don't not know who you are talking to.

Mashelle
Saturday, May 30, 2009 at 5:37 PM

Mashelle - While you accurately stated what the Worker's Comp proceedure is here in Georgia it doesn't work quite as easily as it states.

Most of the egregious action by the City has involved serious medical issues that can't wait. Like JJ Biello who went 8 days without oxygen. Requesting a hearing wouldn't help because he could be dead before he even gets a date for the hearing. The same for Sgt. Phinney who was in severe pain from kidney stones.

When a hearing is requested it is almost always standard operating proceedure to allow a continuence which can put the hearing date off another 45-90 days. That could mean as much as 6 months for them to get remedy. Also, the City does have attorneys who work the system to the advantage of the City. Most of these injured cops have been forced to get representation because they are usually not familiar with the law.

The City will often offer some portion of what the officers are due under the law to make it look as though they are complying. They take what they can get because it's their lives at stake.

As for Sgt. Kreher it is not within his power to request a hearing for the injured officers. He has been trying to work with the City for several months to just get them to sit down and listen to these officers. They are ignored and treated like trash. The Mayor doesn't want them to be seen in public because it's a reflection on her.

Changing the law to be geared more towards the employee rather than the employer would be, at best, a very long drawn out process. They just don't have that kind of time.

Turner did make a great suggestion. The previous articles and blogs are full of background information. The best we can do to help these officers, the citizens of Atlanta and our State is to be as informed as possible. I would encourage you to read them if you have the time.

April
Saturday, May 30, 2009 at 5:55 PM

Mashelle the legislature works for the people. That does not qualify you to be aware of the process any more than an informed citizen. It does qualify you to be part of the execution of the process, something that isn't happening here.

You also pointed out that you weren't aware that the Mayor wasn't in the room which was a result of the AJC reporting, something that we have also covered in detail in the other posts.

I have been updated on the process and what the next steps are because I have read the information posted by people who actually know what they are talking about and have experienced the process themselves. I would defer to them over you.

What did you do for your legislature? What state? Where did you live?

Turner
Saturday, May 30, 2009 at 9:29 PM

Turner,

I worked as a Legislative Assistant. Any additional information would be too personal to convey over the internet.

Turner, perhaps you know more about the Legislative process than I thought. As an informed citizen can you tell me where I can find the status of SB294? Was this bill passed?

Mashelle
Sunday, May 31, 2009 at 12:56 AM

Are we talking about SB294 for the state of GA?

Then yes I can tell you where to find the status. And no, it wasn't although it only deals with prescription drug substitutions not cancellations.

What can you tell me about HR 21 GA and SR 392 GA?

Turner
Sunday, May 31, 2009 at 7:39 AM

Turner,

Maybe you are a know it all. Which explains why you are so belligerent and arrogant.


House Resolution 21: http://www.legis.state.ga.us/legis/2007_08/pdf/hr21.pdf

Senate Resolution 392: http://www.legis.state.ga.us/legis/2007_08/pdf/sr392.pdf

House Resolution 294: http://www.legis.state.ga.us/legis/2007_08/pdf/sr294.pdf

Mashelle
Sunday, May 31, 2009 at 10:29 AM

Senate Bill 294: http://www.legis.state.ga.us/legis/2007_08/pdf/sb294.pdf

Mashelle
Sunday, May 31, 2009 at 10:32 AM

Turner,

Perhaps, you should run for Mayor. You would probably know more than previous Mayors.

Mashelle
Sunday, May 31, 2009 at 11:08 AM

Turner If my research is correct SR 395 GA & HR 21 GA deals with the consolodation and/or spliting of counties.

I believe this has come about mostly because of Fulton County and the northern part of it wanting to be it's own county. North Fulton is mostly affluent and doesn't want to foot the bill for services in the poorer sections of the county that are admittedly more crime ridden and have lower scholastic scores.

Please enlighten me as to how this effects the topic at hand. I'm not being sarcastic just curious.

April
Sunday, May 31, 2009 at 11:11 AM

April this is a task for our resident Legislative assistant.

It's not arrogance Mashelle it's a fear that there aren't enough hours between now and the election to show Atlanta why we are in the state that we are in.

You come from distant lands where law and justice apply. Atlanta is still in the 'Dream' phase.

I want you to apply your acumen and tell me what SR 392 is about.

What type of legislation is it?

What is significant about it?

Who is being empowered by the introduced language?

Turner
Sunday, May 31, 2009 at 12:34 PM

Mashelle try this link. The HR 21 I was talking about was for the 09 session. (See you could have called me on that!)

http://www.legis.state.ga.us/legis/2009_10/versions/hr21_LC_14_9921_a_2.htm

Turner
Sunday, May 31, 2009 at 12:43 PM

Turner,

This is "A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions; to provide for the status and effect of the implementing law; to provide for submission of this amendment for ratification or rejection; and for other purposes", (http://www.legis.ga.gov/legis/2009_10/sum/sr392.htm). It is sponsored by Johnson, Moody and Shafer.

Mashelle
Sunday, May 31, 2009 at 1:13 PM

Turner,

I am an internet addict. So, I need to take a break from the internet and do some other activities.

Mashelle
Sunday, May 31, 2009 at 1:15 PM

Mashelle when you get back my question to you is what would happen if the Council didn't submit the budget when it is due on June 30th?

Seriously asking cause I haven't looked it up. April or anybody feel free to chime in.

What is the State procedure if the Council does not vote, or votes against the budget past it's legal due date?

Turner
Sunday, May 31, 2009 at 8:44 PM

I have been spending some time working on legal matters, so pardon my absence.

Mashelle: As to the question of the State Board of Worker's Compensation: I have a Hearing set for June 9. The decision for a Hearing can take up to 60 days to be handed down. Either party disagreeing with that decision has the right to appeal it. The full appeal process through State Courts can take several years. Then comes the Federal Appeals process, which can take even longer.

So, to answer the question: If you are waiting for a medical procedure that you need to live, are you willing to wait numerous years for the appeals process to exhaust itself, or do you take a concession to the medical procedure, thereby never having the chance to ask a judge to rule on the reasonableness of the initial delay? Considering the fact that most of us would never survive to the end of the appeals process, we opted for survival. I realize that there are several parties that feel we have not sacrificed enough already, but at least in my case, I would disagree on that opinion. I put my life in danger on a daily basis, and sacrificed the functional use of 80% of my body, at the ripe old age of 24. I urinate through a straw into a plastic bag, I can't control my bodily functions, I have lost sensation of most of my body (including, most men would say, some very significant parts) and eventually I will be completely dependent on other people to do anything. Please excuse the graphic description above, but some things just cannot be phrased nicely. And, I am probably in the best health of all of the injured officers. So, I do not feel it necessary to allow anyone to show me the Exit Door of Life. I can find it on my own with no trouble, and in my own time. As of right now, I do not have any dangerous medical conditions I am awaiting treatment for, and so, it's off to Court we go...

As to changing the laws, Worker's Compensation Law is famous for not being retroactive. Almost all workers are limited to the law in effect at the time of their injury. Subsequent changes to the law apply only to injuries post-dating the changes, for the most part. Additionally, there are other considerations, such as competing with the lobbyists for *every* business in the state that are trying to remain competitive, not just with other states, but with overseas labor. And finally, as to changing the law, well, it doesn't do much good if we can't manage to get them to comply with *current* law. The reason we have lawyers now is because they are using lawyers to work the system for every technicality and loophole they can find, and take my word for it, they are good at what they do. Fortunately, I haven't yet had to pay attorney's fees, that I cannot afford to pay on my pension, to pursue my claim. If and when I need to, I will represent myself, as I have in the past. So far, I haven't ever lost in court. That should say more about the frivolous nature of the legal pursuit of my claim than anything else I could say...

James, as to legal charges for the comment that Sgt Kreher made and has already apologized for...

The average time served for a first offense of murder in the State of Georgia, said crime having a *minimum* sentence of life imprisonment, is seven years. This is primarily due to prison overcrowding. So, to answer your question and State Sen. Fort's question to the media, if a police officer heard him say the same thing on the street, the officer would likely ignore the remark, or at most, attempt to calm his emotional state. In my career, I have had very direct threats made against my life, as in "I am gonna find you and kill you when I get out of jail." I never charged anyone that said that to me. I only arrested people when they actually tried to do it. Now, if Sgt. Kreher is found outside the Mayor's house with a baseball bat, then perhaps the statement would be probative in establishing his intent to commit an assault. However, without some indication that he actually intended to commit an act, his actual words were phrased as an emotion or desire, not as an intention to act. That I say I want a million dollars does not make me a bank robber.

Why, exactly, should police officers be held to a higher standard than any other citizen? Is it because of the great pay, wonderful work environment, and exceptional benefits inherent in our job? If you think the police officers protecting you are not human beings, you are deluded. In fact, you should be very glad we are human, with all the frailties and emotions of everyone else. If we weren't, we wouldn't be endangering ourselves to protect people that are strangers to us for lousy pay, worse benefits, and terrible working conditions. It is our love of our fellow men that gets us out on the street every day, and it was that same emotion that caused the outburst you seem to find so reprehensible. So, punish him, and maybe all police officers will learn not to share that same devotion, and then you can wonder next what you will do when you call 911 and no one comes...

You seem to take for granted the courage and devotion of so many men and women choosing to serve society in the most hazardous manner possible. Self-righteousness is a quick journey to hypocrisy. It is far too easy to expect others to live up to a standard of perfection, and far too easy to allow ourselves the rationale to miss that mark so completely.

I understand mistakes, because I have made many in my life. And, I will say that if the Mayor were to say that a mistake was made in our treatment, I would readily accept it, and admire her grace for admitting the error. So long as every attempt were made to correct that error, I would be completely satisfied.

I am still waiting for that to happen.

Sgt. Ryan Phinney, APD, Retired due to Disability

Anonymous
Tuesday, June 02, 2009 at 12:08 AM

i guess Mayor Franklin has managed to change the focus off of herself once again....i think Sgt. Kreher just lashed out and pretty much said what every APD officer feels, but is scared to say it. no it doesn't mean that Kreher is actually going to take a bat to her head, it' a figure of speech. i guess all those years of "police protection", when she used and uses police officers to stay in fron of her house 24/7 were put to great use. while she had a murderer son in law and a drug dealing daughter living in her house, she wasn't scared or feared for her life? do u know how many drug related home invasions happen out there? a lot...but why should she be scared, when the entire time a police officer sits in front of your house parked, therefore nothing can possibly happen without that officer noticing...i would feel safe too. it doesn't matter if a beat is covered, she has protection...so why is she sooooo scared of sgt kreher all of a sudden? oh yeah, i forgot, she's a criminal herself, and like most criminals, getting the heat off themselves and place it onto another IT'S A SKILL.

noneya
Tuesday, June 02, 2009 at 8:20 PM