FEBRUARY 10, 2015

FIRST EDITION-2015-02001

Change Is Here!
Welcome to the first edition of the Local
1613 Newsletter. My name is Terry Shigg
and I am your newly elected President. I
have been a union member since 1992 and
a union steward since 1994. Back then we
didnt have formal training. I became a
union representative (rep) because I
wanted to help people and protect the
rights of members.

Union Local 1613 President

Terry Shigg

We dont expect
you to agree with
everything we
do, but several
things I promise
you.

I still remember my first encounter with

management was I wanted to call in
because my car was impounded and I was
told, No, you will be here!
I also think back and remember some of the
unsafe things we did as normal operations.
For instance, at the San Clemente (SCM)
Border Patrol Station, we used to use flares to
close off lanes of traffic and walked out into
traffic to begin setting up the checkpoint.

NBPC 1613.ORG

Table of Contents:
P. 1 Change Is Here!
P. 2 San Diego Sector
Featured Photos
P. 3 Stating The Obvious
P. 3 E-Board Contact List
P. 4 Meetings & Training
P. 5 Committees
P. 6 Dealing With PSTD &
Visit With The Chief
P. 7 Know Your Rights
Legislative & Political
Action, Rumor Mill
P. 8 Watch The Old Timers
P. 10 Choir Practice

That was then, this is now. The history of this

Local has been one of leadership. Local 1613 has led the way as part
of the National Border Patrol Council (NBPC) for as long as I can
remember. Local 1613 union fought for the implementation of
Detail Management Teams (DMTs), fought against checkpoint
closures, and fought for a place in North County to use for range and
Defensive Tactics.
Change is here!
Anyone who is a union rep, let alone an executive board member (Eboard), is a little off center. I will do things differently because I am

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FEBRUARY 10, 2015

FIRST EDITION-2015-02001

different and this E-board is different. We challenge you, and we

expect you to hold us accountable as you should expect us to do to
you also.
Accountability means everyone will be given every opportunity and
the resources they need to succeed. If you are sincere in your effort,
and able to fulfill your duties as a rep, then you are welcome to be a
part of this Local team, because there is only one team and that is
Local 1613.

NBPC 1613.ORG

San Diego Sector

Featured Photos

We dont expect you to agree with everything we do, but several

things I promise you.
1. We will do everything we can to protect the rights and interests of the
membership.
2. We will be responsible stewards of the trust you have placed in us.
3. We ensure representatives have all of the resources necessary to be
successful.
There is too much work yet to be accomplished at the Local and
National levels.
Locally: Use of Force, Dispatch, Hospital Watch, MRT etc
Nationally: Contract negotiations, Use of Force, TEDS, Physical
Fitness, OSHA, Peer Support, Chaplaincy etc
Labor Union: Official Time, Automatic deductions, Retirement,
Benefits etc
I will not be distracted from my promises and responsibilities to the
membership. There is too much going on for us to be fighting each
other, I will not do it.
I am not perfect

and I do not know everything. I am

smart enough to know I am stupid!
I cant be everywhere. I need each
and every one of you to make this
whole thing work.
Steve Jobs has a quote that says,
In life you only get to do so
many things and right now
weve chosen to do this, so lets
make it great. Lets make this
Local great! Thanks, and I
look forward to serving you,
Terence L. Shigg

If youd like to have your photo

featured here please submit
them to:
gpacheco@nbpc1613.org
Twitter: @NBPC1613
@gabep21

NBPC 1613 President

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FIRST EDITION-2015-02001

NBPC 1613.ORG

BY GABE PACHECO

Stating
The
Obvious

San Diego (NBPC

1613) - With recent
events in the news
media and
mounting concern
about excessive
use of force by U.S.
law enforcement
officers, many
departments and
agencies are
looking to
technology as a
means of
transparency and
accountability.

Customs Border
Protection (CBP),
within Department of
Homeland Security (DHS), is
Executive action on
responsible for securing U.S.
borders and facilitating legal travel and
amnesty and
trade. CBP officers
shrinking
(CBPOs), within the Office of Field
enforcement budgets
Operations (OFO), are
responsible for securing the border at
adds pressure to a
U.S. ports of entry, locations at which
volatile mix of
individuals and merchandise may seek
enforcement priorities legal entry into the United States.
and organized crime
Border Patrol (BP) agents, within the
Office of Border Patrol (OBP), are
operating on or near
responsible for securing the national
the border.
border between the ports of entry. The
Office of Training and Development
(OTD) designs, develops, and delivers
CBP- wide training courses and establishes training standards and policies
for use by BP agents and CBP officers.
CBP Use of Force Policy, Guidelines and Procedures Handbook, Office of
Training and Development, HB 4500-01c, May 2014, which is in
negotiations with the union, is the current policy which governs BP agents
and CBP Officers authorized use of force. On page (i) in the foreword from
the Commissioner - A respect for human life and the communities we serve
shall guide all employees in the performance of their duties. Authorized
Officers and Agents should employ enforcement tactics and techniques that
effectively bring an incident under control, while minimizing the risk for
injury or property damage. The use of excessive force by CBP law
enforcement personnel is strictly prohibited. R. Gil Kerlikowske
Commissioner U.S. Customs and Border Protection.

PRESIDENT
TERRY SHIGG
TSHIGG@NBPC1613.ORG
TWITTER: @NBPC1613

1ST VICE PRESIDENT

ROBERT LOPEZ
RLOPEZ@NBPC1613.ORG
2ND VICE PRESIDENT
TOM WARD
TWARD@NBPC1613.ORG

3RD VICE PRESIDENT

JOSH WILSON
JWILSON@NBPC1613.ORG

SECRETARY
VICTOR CANTU
VCANTU@NBPC1613.ORG

TREASURER
ROBERT CORTEZ
RCORTEZ@NBPC1613.ORG

SERGEANT OF ARMS
MANNY BAYON
MBAYON@NBPC1613.ORG

MEDIA RELATIONS
GABE PACHECO
GPACHECO@NBPC1613.ORG
TWITTER: @GABEP21
HEALTHY & SAFETY
RONALD ZERMENO
RZERMENO@NBPC1613.ORG

Border Patrol agents operate according to the these principals every day. It is
one of those known facts that is so obvious that it needs to be stated from
time to time that we have heroes working among us who daily risk their lives
on behalf of our nation.
Another obvious fact that needs to be stated is the type of people whom we

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come in contact with. Some of them do not play by the same rules.
There are many things that motivate people to harm others. They
do not respect human life or their communities, there is nothing
guiding their behavior except the need for getting their next
load through, their next fix, and so on.
We are no different from any other law enforcement agency
in the nation. Our priorities happen to be on the border,
focusing on catching criminals and contraband trying to
enter our country illegally, and the tearing down of
transnational criminal organizations that are facilitating
this criminal behavior. The stakes are high in combating a
multi-billion dollar organized industry operating on both sides of the
international border. Executive action on amnesty and shrinking
enforcement budgets adds pressure to a volatile mix of enforcement priorities and
organized crime operating on or near the border.
We have learned to rely on each other for backup and on our training to combat the sometimes aggressive and
violent behavior by these criminals. The obvious has to be stated again. We have been authorized and trained
to use the necessary force needed to carry out our enforcement duties which includes seizing a persons life.
Seizing a persons life is the last option depending on the dynamics of the situation and officer/agents
perception while responding to the criminals behavior.
The obvious conclusion, agents are trained and authorized to operate within CBP policy to respond
appropriately to a criminals aggressive and violent behavior. Using those enforcement tactics and techniques
that effectively bring an incident under control, while minimizing the risk for injury or property damage, is
the ideal scenario. However, it sometimes cannot be achieved because of the violent behavior of the criminal.
We agents must operate within and understand the policy which governs our behavior while on and off-duty,
it should not take anything away from us defending ourselves.

OUR LOCAL MEETINGS ARE

HELD EVERY SECOND TUESDAY
OF THE MONTH AT 7:00 PM.
LOCATION: CROWNE PLAZA
HOTEL
2270 HOTEL CIRCLE NORTH,
SAN DIEGO, CA. 92108
If you are a dues-paying union member and
would like to privately address the Executive
Board on any matter, you may request an
appointment by e-mailing any executive board
member.

Please note: We do not accept solicitations for

charitable or political campaign contributions.

NBCP1613.ORG

BASIC UNION STEWARD TRAINING

WILL BE HELD ON:
ON FEBRUARY 19, 2015 AT THE
CROWNE PLAZA HOTEL FROM
9AM-5PM
ON FEBRUARY 25, 2015 IN THE
MURRIETA AREA FROM 9AM-3PM
PLEASE CONTACT YOUR STATION LEAD
REPRESENTATIVE IF YOU ARE
INTERESTED IN ATTENDING

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TWITTER: @NBPC1613

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NBPC 1613.ORG

We are continuing to work on improving radio

communications and protecting our members from
contagious diseases. Sector command sta and the union
will specifically be directing their attention on how to
improve safety and decrease ATV accidents. We will also
be working together on decreasing DUIs.

Any concerns or comments should be directed to our

Health and Safety Director Ronald Zermeno
(rzermeno@nbpc1613.org).

We are working on several projects to increase the

dissemination of information. We will be establishing
an Instagram account soon. We are updating our
website. If anyone has any suggestions or would like
to volunteer to assist Local 1613 with media relations
contact Gabe Pacheco
(gpachecho@nbpc1613.org).

There are a few bills out there to keep your eyes on:
Department of Homeland Security Appropriations Act,
2015
This bill passed in the House on January 14, 2015, and
goes to the Senate next for consideration. (Placed on
Calendar in the Senate.) FYI DHS current funding will end
on February 27, 2015.
H.R. 399: Secure Our Borders First Act of 2015
To require the Secretary of Homeland Security to gain and
maintain operational control of the international borders of
the United States, and for other purposes.
This bill is scheduled for the following committee
meetings: January 26, 2015, at 5 p.m. House
Committee on Rules
H.R. 43: Border Security, Cooperation, and Act Now
Drug War Prevention Act of 2015
To provide for emergency deployments of United
States Border Patrol agents and to increase the
number of DEA and ATF agents along the
international border of the United States to
increase resources to identify and eliminate
illicit sources of firearms into Mexico for
use by violent drug trafficking
organizations and for other lawful
activities, and for other purposes.
Referred to Committee on Jan 6, 2015
Christopher J. Harris via email at:
cookincop@aol.com

NBCP1613.ORG

We have developed and implemented a new

reimbursement policy. Any concerns or suggestion
concerning financial matters of the local should be
directed to Robert Cortez (rcortez@nbpc1613.org).

Any questions or
c o m m e n t s
IM
contact us at:
B
1-800-620-1613
on
the
web:
NBPC1613.org
on Twitter: @NBPC1613
on Facebook: NBPC 1613

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FEBRUARY 10, 2015

FIRST EDITION-2015-02001

DEALING WITH POST

TRAUMATIC STRESS INJURIES

NBPC 1613.ORG

Visit With The Chief

On December 19, 2014 the Deputy Chief of the Border

Nationwide, most law enforcement

officers lack the understanding to provide
traumatic field care for psychological injury. The
goal of the immediate response is to limit the
chances of a temporary injury becoming a longer
lasting wound that is in need of more serious care.
On-scene psychological intervention is consistent
with the model used when initially dealing with a
gunshot wound in the field.
This one-on-one intervention should be short and
result in the officer being assured that his/her
physical and mental reactions are normal and that
they are not alone. This initial intervention will be
rudimentary in nature, but if handled properly, it
sets the groundwork for
all future
interventions.
Police One

(Policeone.com).
Why agencies need a
buddy care model for-rapid PTSI
response?

Patrol Mr. Vitiello visted El Cajon, Chula Vista and San

Clemente musters. He spoke briefly and answered several
questions. I will try to outline some of his talking points for
you.
1. Pay Reform:
Deputy Chief Vitiello commented that it would be months
before the pay reform would be implemented. He also stated
that he believed the passage of pay reform would give the
agency and employees stability and predictability we were
lacking.
2. Radio Communications:
This issue is on OBPs (Office of Border Patrol) radar. He
claims the service will have and invest 30 million dollars on
radio communications at the end of FY2014.
3. Body Cameras:
The agency is field testing body cameras and has them in
inventory at OTD (Office of Training and Development). He
stated he has gotten good feedback from the tests and
believes this is being demanded from the public. He also
believes this will reduce complaints.
4. M-4s:
This is being handled by OTD. The agency is working to fix
the rifles that are repairable. He agrees there was a lack of
planning prior to M-4s being inspected and removed from
the field.
5. ROB (Relocation Opportunity Bulletin):
Mr. Vitiello stated that there will be 2 ROBs and 2 VRPs
(Voluntary Relocation Program) this year.
We will continue to update the membership as we get more
information. Deputy Vitiello is second in command of the
Border Patrol and this was a good opportunity to hear from
headquarters. I encourage all of our members to take
advantage of these opportunities and respectfully ask direct
questions. These are the men and women that are making
decisions for us and they should be able to explain those
decisions when questioned. That is a sign of true leadership.

Critical incidents are part of our regular

experiences. In order to properly cope with these
incidents we need to be more proactive. This is a
simple guide to help us help each other. It is a
brief encounter that sets the stage for future
assistance and well-being. As union
representatives we will be that first contact many of
the times. This is what we should be aware of and initiate after proper legal representation is secured. Here is
a basic blueprint of a statement that can be put into your own words or read directly from here.
I want you to know the situation is under control now. Your mind and body are going to take some time to
settle down. Take some deep breathes and have some water. You can wait here for a while and we will take
care of you. You just experienced an abnormal situation so there is no normal reaction. If you have any
concerns about how you are reacting later please let somebody know.
The idea is to assure the agent he is safe and give him an avenue to seek future assistance if needed.
We will (or have) all been exposed to traumatic incidents throughout our career. We cant avoid it so lets be
prepared for it. Then when it happens lets provide the support needed to minimize the effect.

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FIRST EDITION-2015-02001

Know your Weingarten Rights

If interviewed by a supervisor this statement can be read or given to
the supervisor at any time during the interview.
If this discussion could in any way lead to my being disciplined or
terminated I respectfully request that my steward be present at the
meeting before I answer any questions. Without representation
present, I choose not to respond to any questions or statements.
If the supervisor refuses your request, comply with the order and
immediately notify a union representative at the conclusion of the
meeting so that an Unfair Labor Practice (ULP) can be filed.

LEGISLATIVE & POLITICAL

ACTION

We (Local 1613) realize that in this day and age, our membership
(and their families) are directly impacted by legislators, politicians,
they can, and do, set the tone in which we live and work.
We also realize that this tone is at every level local, state, and
national.
In the past, we have been, and rightly so, critical of the leadership
and management, at all levels (DHS, CBP, USBP), in their inability
and lack of desire to really interact and communicate with the
legislative and political leadership that effect the USBP and its
employees. This failure to explain, document, or discuss our
problems, issues, and concerns, at even a basic level, has caused us
to be misunderstood, misused, and even just ignored. This head in
the sand or ostrich like approach has poorly served our agency,
its employees, and our membership.
Because we understand that we cannot force DHS, CBP, or USBP
management to do this, we have decided to become involved
ourselves at every level.

NBPC 1613.ORG

The Rumor Mill

The Pay reform bill is dead. That is
obviously not true. The Pay reform bill has passed and
is now a law. We do not know how long it will be
before it is implemented but we are guessing anywhere
from six months to one year.

No more AUO everybody will be on

FEPA. This is phase four of the decertification
process that we have been fighting for the last year.
Apparently Chief Fisher made this statement while
attending Briefing in Tucson. The agency wants to
decertify now. The information we are getting is that
the agency is seeking legal counsel to see when they
can decertify all agents and go to FEPA. This would be
a benefit to the agency and hurt the agents. This means
you would lose money every time you took annual
leave or sick leave. We are waiting for final
confirmation and details (timelines). We will keep you
informed as we are made aware of more details and
check national website for the most current update
(bpunion.org).

We will be going to LEAP until OPM

makes their determination and it should
only take 6 months. This is false. The agency
sought legal counsel and found out they could not do
this administratively. They would have to change the
law in order to move us to LEAP and they dont have
the time or the will to do that.

The Checkpoints are closing down. This

is false (at this point and time). We believe the Agency
is currently conducting a study on the checkpoints but
we have not received word as to the purpose or reason
for the study.

Our goals are to have better communications and relations with the
legislative and political leaders (and their staffs) in the area that
represents Local 1613.
This will enable us to bring our concerns, ideas, and issues directly to
those individuals, whose actions and legislation directly impact us.
This will allow us to help influence and guide their decisions and
legislation, and have input as it is being formed and written.
We also want these political and legislative leaders, their staffs, and the
groups that support them, to become better acquainted with us as a
union, and more importantly, our members. We wish to put a face to
our name; to have those in positions of authority, power, and influence
recognize that we (our members) are their constituents, their neighbors, their friends, taxpayers, and volunteers in their
districts and neighborhoods.

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In this time of unrest and protest directed against all law enforcement personnel and agencies (Ferguson, NYC, etc.), we
recognize how vitally important having these prior relationships with these people and groups can be. We hope to
prevent that dehumanization (of LEOs) that takes place so often with negative and even tragic results.
We have started this process by meeting with various political and legislative leaders/staff in our area, and
communicating with them our desire to become more involved. We have received very positive responses, and will
continue to pursue this interaction. We are also starting a database wherein we will attempt to evaluate proposed and
pending legislation, and provide our membership with information regarding it - whether it could have a positive or
negative effect on us, and whether they might wish to support it or not.
In closing, we recognize that we, as a local, can, and must, be more involved in
these relationships, to be proactive in order to shape legislation that can affect us
and our families, and to help get our message and concerns out to the political and
legislative leadership in our area. We must be more effective in having our voices
heard, and this is an important part in accomplishing that goal.
We will also be creating a roster of members who are interested in being
available to attend meetings with political & legislative leaders in their districts
with our local political coordinator & Local 1613 leadership.
This greatly enhances our ability to gain access to these legislators and to
influence their decision making process.
Please contact Christopher J. Harris via email at: cookincop@aol.com if you
are interested.

Watch The Old Timers

As

you know, we as patrol agents are operating under a

new use of force policy. Along with this new policy is a host of
change in terms of engagement, reporting, and reviewwith more
still to come. On October 1, 2014, the new policy was enacted
prior to collective bargaining with The National Border Patrol
Council, negotiations concerning this policy are ongoing and we will certainly see
a revised policy in the future.
Why is this important? Customs and Border Protection Commissioner Gil Kerlikowski was appointed
to his position in the wake of several external reviews that were highly critical of patrol agents, The Border
Patrol, and our use of force policy.
Although you and I as patrol agents, know that these reviews were conducted by organizations with
political agendas other than border security, they generated considerable publicity, and brought additional
scrutiny upon each and every one of us when using defensive tactics. This additional layer of scrutiny is
compounded by the added layers of review mandated in the new use of force policy. Many of you are
probably wondering how you are expected to do your job effectively and at the same time safeguard
yourself, so you can go home to your loved ones at the conclusion of each shift.
In spite of the changing use of force climate, you are still able to defend yourself, use reasonable force
to effect an arrest, and perform your sworn duties. At the heart of the use of force policy is case law,
namely Tennessee v. Garner and Graham v. Connor, that has not changed. While additional review is among
the changes in policy, there are some steps that we will share with you that you can take to ensure that
you go home at the conclusion of your shift, avoid civil litigation, and steer clear of criminal prosecution.
While this is by no means a comprehensive guide, I hope it will provide you with some valuable
information.
1. Know the use of force policy. Take the time to read it. If you have any questions, address them to
a defensive tactics instructor, firearms instructor, or a union representative. This is a situation
where knowledge truly is power.

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2.Develop and maintain your defensive tactics prowess. Take

your training seriously. Absorb what the agency has to offer.
Whatever training you attend, you are responsible for knowing
and applying it.
3.Stay physically fit. If you look like you are capable of
handling yourself, it is less likely offenders will challenge you.
If you do have to get your hands dirty, you will be in a better
position to defend yourself and do your job with a minimal
amount of necessary force. Fatigue breeds mistakes (mental
and physical).
4.Watch the old timers. Veteran patrol agents will most often
use wit, humor, and their presence to control a situation. The
less force you have to use, the better.
5. When it is time to use force, be decisive. Do not hesitate. If you are knowledgeable, trained, and
doing your job, you likely have nothing to worry about. We have all seen a trainee or a new P.A.
hesitate. This is generally due to a lack of confidence or a misunderstanding of his authority.
Hesitation will only get you or your partner hurt, dont be afraid to do your job.
For many patrol agents, using appropriate force is not the issue.
Dealing with the aftermath is where some of the problems lie. In order
to properly document your use of force and thus protect your financial
future and personal liberty, do the following:
1. Know your policy. It will make documenting your use of force
much easier and in a manner that withstands scrutiny. The truth
can withstand scrutiny and breeds confidence.

At the heart of the use of

force policy is case law, namely
Tennessee v. Garner and Graham v.
Connor.

2. When it comes time to sitting down at the computer and typing your memo, seek the help of a
union representative. An experienced rep has composed more than a few memos for himself and
assisted with many more while representing other members. He has likely been there and done
that. In the vast majority of cases, patrol agents properly use defensive tactics. As far as
documenting their use of force situation, many PAs fall short. While typing the memo, you know
exactly what happened and what you want to say. However, what actually happened and what
ends up on the screen (and eventually on memo paper) are often two different events. Poor
articulation of facts opens the door for criticism, litigation, and prosecution. Additionally, charged
emotions can influence your report writing. For example, have you ever been in a heated
argument with your spouse or significant other? You knew exactly what you wanted to say. It
sounded PERFECT when the thought crossed your mind. Then you said iteither it came across in a
manner other than what you intended or you used a wrong word. What you intended to say was
not what you said. Use a union rep when writing your account of the events, they can help you
avoid many common and costly pitfalls.
3. Only submit one written account. There is no need to do anything but copy and paste the relevant
text of your memo into the use of force reporting module. Doing anything else only gives the
agency and opposing attorneys two different accounts to compare and contrast. You will be held
accountable for any discrepancies. Discrepancies can damage your credibility and bring about
discipline, litigation, and prosecution.
4. If you are called upon to testify at an Internal Affairs interview, Review Board, or other inquiry,
immediately contact a union representative and request attorney representation. Ensure you have
someone experienced, knowledgeable, and capable on your side.
As a patrol agent and a member of The NBPC Local 1613, you perform a very difficult and demanding
job every day. Unfortunately, there will always be those who will resist you in your efforts. When this
happens, you will eventually be called upon to use some level of force to effect an arrest. It is not only up
to you to ensure you do so appropriately, but to ensure you document it properly. It is important that
anyone that reads your report, walks away with a clear understanding of not only what you didbut why
you did it. Local 1613 has some outstanding, very experienced, and talented union representatives. Let
them help you.
NBCP1613.ORG

1-800-620-1613

TWITTER: @NBPC1613

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Dedo INDICE: Do you know what it means? It means INDEX Finger. I know we
all have little stories from our past, here is one of many that I have.

When The Patrol started modernizing, they brought a little machine to print
the aliens. All they had to do was place their INDEX finger on the little
red light. I stood there watching the NUGGETs trying to get the aliens to
understand, "Dame tu dedo derecho INDICE." Most ofthem didn't know
thatPULGAR meant THUMB, how were we going to get them to understand INDICE.
So I stood there watching this comedy of errors for a several minutes until
I couldn't take it anymore. I stopped the process and in my COMMANDING
voice I asked, "Cual es el dedo que usan para picar la nariz" They all
laughed and stuck out their index finger. Problem solved.

My point? CONJUGATING didn't matter, we had to speak in a common language,

orsimplified words, or else we would be there repeating ourselves all day
long.

Rest easy, sleep well my brothers.

Know the line has held, your job is
done.

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1-800-620-1613

TWITTER: @NBPC1613

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