State Relaxes 911 Funding Law

Cities and towns in North Carolina have a new source of funding for public safety comm centers after state legislators tweaked the 911 funding law to broaden the types of equipment that can be purchased with 911 surcharge money. Like many states, the previous law rather narrowly restricted cities to using 911 funds only for non-payroll expenses related to handling 911 calls. Anything radio-related could not be purchased with the funds, which come from monthly surcharges on wired and wireless telephones. The new law expands the use of funds slightly, allowing the purchase of “dispatch equipment” at a public safety answering point (PSAP), but still excluding radio transmitters, microwave links and antenna gear. Local officials welcomed the change, since that wording and other changes will now include consoles and dispatcher furniture. The new law also makes several changes in the the definition of “call taking,” the make-up of the state’s 911 Board, how funds are distributed and the percentage forumula, and the establishment of a state-wide 911 project fund. The new law also requires a legislative committee to study whether secondary PSAPs should become eligible to receive state 911 funds. Download (pdf) a copy of the new law here.

Family Angry That Police Arrived, EMS Staged

When a 60 year-old Ocala (Fla.) woman fell unconscious at a family gathering, a relative dialed 911 and excitedly asked for help, eventually becoming angry and using several profanities during the call. The Marion County 911 dispatcher who fielded the call heard the profanities and immediately dispatched Ocala police officers to the scene, but ordered county EMS units to stage at a distance for safety reasons. By the time two police officers arrived, a family member had taken the woman to a hospital, where she recovered. But now the family is angry that the dispatcher mistakenly assumed that the scene was unsafe and that EMS units never arrived. County communications manager Bill McConnell defended the calltaker, saying she could only judge the scene from information obtained during the call. He did say that the calltaker might have been able to calm down the caller if the background noise had been less. Read more about the incident here.

Congress Questions Limited Source of Radio Gear

Public safety agencies have had to rely on “an exclusive or limited vendor pool for (radio) equipment and devices,” according to a Congressman’s letter to the Federal Communications Commission (FCC) asking the commission to clarify the current radio equipment marketplace, and how proprietary gear might affect interoperability, innovation or costs. In its response to Rep. Henry Waxman’s (D-Calif.) questions, the FCC said proprietary radio gear negatively impacts all of those issues, but said that even open standards gear “is not enough” to ensure competition. Waxman’s letter was sparked by a June subcommittee hearing on funding for a nationwide public safety broadband network, which the FCC anticipates would operate in the 700 MHz band. But Waxman noted this would be a “significant change” from the current voice network, and wondered how the spectrum and technical differences would affect public safety operations. Waxman asked how Project 25-compliant radios have achieved “true interoperability,” and if the current vendor marketplace hinders that goal. The FCC responded that interoperability has still not be achieved among public safety agencies, but didn’t know if limited competition contributed to that result. The FCC noted that its proposed broadband plan includes incentive-based partnerships between commercial companies and governments by “leveraging commercial broadband deployment for consumers in the 700 MHz band.” Download (pdf) Waxman’s information request and the FCC’s response here.

After Horrific Murders, Lawsuit Targets Delay

The family of three murder victims is suing the District of Columbia police department and its Office of Unified Communications (OUC), claiming they mishandled a 911 call from their apartment, and that officers waited over one-hour delay before breaking in to find the victims dead. The lawsuit raises two comm center issues: the calltaker heard a child’s voice on the 911 call, and may have believed it was a prank call. And officers who arrived at the apartment did not have information about prior violent incidents there, affecting their decision to quickly enter. (more…)

Lightning Strike Injures Dispatcher

A severe thunderstorm swept across Madison County (Ken.) in early May, unleashing a lightning strike that hit the county’s public safety communications center, jumped through the radio gear and into a dispatcher’s headset. County E911 director Wendy Lynch now says the unnamed dispatcher was injured, but that privacy laws prohibit her from providing more information about the type of injury or its severity. She did say the dispatcher was treated by a doctor, and has returned to work. She said the center’s 400-foot radio tower was properly grounded, and that technicians are studying how to better protect against future lightning strikes. She now allows dispatchers to remove their headsets and listen to radio traffic through speakers when a thunderstorm occurs. Read more about the strike here.

Dispatcher Practicing for First-Pitch Toss

It’s been a long road for Alameda County (N. Calif.) Fire dispatcher Cristian Valle, ending tomorrow on the pitcher’s mound of the Oakland A’s home field to throw out the first pitch. As a former U.S. Army sergeant, Valle was selected to represent military veterans at the A’s annual VA Welcome Home Celebration before the game with the Chicago White Sox. Valle served two tours in Iraq starting in 2003. But while on patrol in 2005, four terrorists in a passing vehicle tossed a device that exploded, seriously injuring him. He lost both legs in the attack, but recovered and learned to walk with prosthetics. After leaving the Army, he returned to California, and in January 2007 joined the Alameda County Fire Department as a dispatcher. Tomorrow, Valle will walk to the mound before Saturday’s 11 a.m. game, wind up and pitch a strike.

Family Drops Claim in Wrongful Death Lawsuit

After two years of court action, the family of Wisconsin murder victim Brittany Zimmermann has dropped one claim from their lawsuit against Dane County and dispatcher Rita Gahagan, but continues to pursue other claims that a 911 call was mishandled. Zimmermann was murdered in her apartment in April 2008, and police say she managed to dial 911 at some point in the attack. Gahagan fielded the call, which ended abruptly. Through a series of circumstances, Gahagan did not call the number back as required by the comm center’s policy, and no officer was dispatched to investigate. Zimmermann’s body was found later by her boyfriend, Jordan Gonnering. In the latest court move, Zimmermann’s family decided to drop the specific “wrongful death” claim in their lawsuit against the county, apparently due to lack of evidence. However, they continue to pursue an emotional distress claim against the county and Gahagan, and a liability claim against the apartment house owners where Zimmermann lived. Yesterday a state appeals court ruled that Gonnering cannot pursue his lawsuit against the county because of plaintiff limitations in state law. Read more about the case here.

50 Years of Tradition Ends, Center Closes

As the run-up to the 1960 Olympic Winter Games, the Placer County (N. Calif.) sheriff decided to open a new communications center in Tahoe City to coordinate security operations. When the Games ended, the center continued on, serving not only the sheriff but several other public safety agencies in the county. But last May, 50 years of tradition ended when the sheriff shut down the center and relocated dispatchers to other jobs or locations. Two fire departments moved their dispatching to the state fire agency, making it impossible to keep the center open. The main center in Auburn, 80 miles away, will now handle all dispatching for the sheriff. Some dispatchers had 20 years of service at the center, living in the community and getting to know everyone. “I miss being in the middle of everything and knowing everything that’s happening and being there from the beginning of the first phone call to the arrest,” Kelly Hernandez told a reporter. She moved to an admin secretary’s job with the sheriff’s department. Read memories about the center’s 50 years here, and listen (mp3) to the center’s last radio broadcast here.

NENA Tackles Social Networking by Dispatchers

In the wake of legal action over a Facebook posting by a Wisconsin dispatcher, the National Emergency Number Association (NENA) has formed a group to study the use of social networking Web sites by dispatchers, both on and off-duty. West Allis (Wisc.) dispatcher Dana Kuchler, 45, was fired earlier this year after the city learned her Facebook page included a statement that she was addicted to marijuana and various prescription drugs. She filed a union grievance over her firing, and in May an arbitrator ordered the discipline reduced to a 30-day unpaid suspension. Now the city is appealing that decision. Kuchler’s attorney says she tested negative for drugs and she included the word “Ha” in the posting, indicating it was a joke. NENA’s group intends to create an “Operations Information Document,” including the pros and cons of social network access by dispatchers, and policies that might limit or prohibit dispatchers from posting on such sites. The document could be used for reference by comm centers when developing their own policies. In the corporate world, it’s not uncommon for employees to be prohibited from identifying their employer if they post on Facebook, Twitter or other social networking sites, and to be prohibited from using such sites during work hours. Most comm centers already have policies that restrict the release of any confidential information, including details on incidents, involved people or associated criminal justice information. The trickiest area of consideration is off-duty posting of non-confidential material, but which may be considered controversial. Several agencies now consider a posting that “criticizes or ridicules” their agency, its policies or other employees as grounds for discipline, which may conflict with freedom of speech claims. The NENA group will be collecting existing policies already in use by comm centers, and hopes to have their document finished by early 2011.

U.S. Senator Proposes Spectrum Hand-Over Bill

On its face, legislation proposed by U.S. Senator Jay Rockefeller (D-WV) would end a long debate over how to allocate 10 MHz of spectrum intended to create a nationwide, wireless, broadband network for public safety agencies. But Rockefeller’s proposal—give the spectrum to public safety, and don’t auction it—would have other far-reaching effects, including for businesses that sell radios or communications services. Last year the Federal Communications Commission (FCC) recommended that the spectrum be auctioned, with the revenue going to create the network. The commission’s position has been supported by the Obama administration. But the plan is generally opposed by public safety agencies, who want control of the spectrum. Rockefeller’s bill could provide a benefit to AT&T and Verizon, since the spectrum would be unavailable for companies such as T-Mobile, which needs additional frequencies. The bill could also benefit Motorola, since an auction could increase competition in the radio handset market. In a statement, the National Public Safety Telecommunications Council (NPSTC) thanked Rockefeller for introducing the bill. Council chair Ralph Haller said, NPSTC’s Chair Ralph Haller said, “I am hopeful that others in leadership will step forward to support building the public safety broadband network and providing funding to support public safety in this critical effort.” The bill is part of a legislative package proposed by Rockefeller that includes auctioning certain broadcast TV spectrum. Read more about the bill and its effects here, and some background information here. Update: Rockefeller has now posted the proposed bill (pdf) and a press release about it.

Union Is Impatient With Contract Talks

The union representing Northwest Central Dispatch System (Ill.) dispatchers feels that its first-ever contract negotiations have bogged down in trivia, and one union official has said a strike is possible if talks don’t move forward next month. The center has about 70 dispatchers who handle incidents and radio traffic for 11 jurisdictions in the northwest suburbs of Chicago. The consolidated center was formed in 1971, but dispatchers voted to join the Metropolitan Alliance of Police (MAP) only last February to represent them. Contract talks began last September, but MAP secretary Richard Tracy says that since then, discussions have focused on non-economic issues, including “hours talking about a filing cabinet.” Comm center officials say it takes time to negotiate a first union contract with employees, and that progress is being made during twice-monthly meetings. Illinois public safety dispatchers are not among those who are prohibited from striking by labor laws. Read more about the talks here.

Dispatchers Give Up Holiday Pay for No Layoffs

The union representing Mesquite (Nev.) public safety dispatchers and other civilian workers has negotiated a benefits give-up that will save the city $200,000 and prevent employee layoffs. For the next year, the union agreed that each dispatcher would give up their holiday pay, totaling 92 hours for fiscal 2010. A July 1st wage increase was deferred until July 2011, and certain other paid time-off benefits were also cut. Non-dispatch civilian employees also agreed to take one unpaid day off each month, or 96 hours a year. Earlier this month, the police officers’ union agreed to similar cuts, plus special assignment bonus cuts, and elimination of vacation buy-back. Many other cities have faced budget shortfalls and have decided to merge or move their public safety dispatching operations to another agency, rather than reduce employee benefits.

Motorola Sells Unit, Preparing for Split-Up

Electronics giant Motorola has sold off a wireless equipment unit, a prelude to a split-up next year that could leave the public safety radio division as the company’s revenue leader. For decades Motorola’s various divisions maintained significant market share for cellular handsets, electronic components, two-way radios and wireless systems. But competitors have continued to chip away at Motorola’s revenues over the past five or six years. As a result, last year the company decided to create separate companies from its divisions to maximize the value of its stock. In this latest sale, Motorola sold its wireless systems division to Nokia Siemens for $1.2 billion. The unit includes various gear and systems used by cellular companies. The sale leaves two divisions that will be split into two companies next year: public safety radio and other wireless gear (Enterprise Mobility and Networks), and cable set-top box and cellular handsets (Mobile Devices and Home). For 2009, the Enterprise Mobility unit posted a $714 million profit, leading the company. The Mobile Devices division posted a $1.2 billion loss for 2009, while the Networks division posted a $366 million profit.

Court Rules If Officer Had Reliable Info

A Florida appeals court has ruled that a vehicle occupant can be prosecuted for drug charges after he was identified by a 911 caller who ultimately police could not locate and identify. The case emphasizes the real-time nature of dispatching and police work, and the value of an identified caller. Stephen DeLuca was detained by an Tallahassee police officer and then spotted discarding cocaine underneath his stopped vehicle in 2009. The detention was made after a man dialed 911 to provide specific information on two men in a GMC Yukon who pulled a 9mm handgun on him. The caller gave his name and phone number, provided a license plate number and more vehicle description, and a direction of flight. Officers began simultaneously searching for the vehicle and responding to the victim’s location. Officers found the Yukon, but shortly after failed to find the victim. The trial court therefore ruled the detention invalid, since the suspect could not be located (and might be false), and therefore was considered legally unreliable. However, the District Court of Appeals said an officer detained DeLuca while the caller information was still considered to be specific and reliable, and was therefore legally sufficient for a detention. Since the detention was legal, the officer’s observation of DeLuca discarding the narcotics was admissible. DeLuca will now be re-charged with the original narcotics offense. Download (pdf) the court’s decision and reasoning here.

NY Dispatcher Murdered on Street Corner

A New York City EMS dispatcher who was the subject of a complaint last year was shot to death on a street corner at 5 a.m. this morning. Jason Green, 32, was shot in the face, police say, and the so far a motive and suspect are unknown. Police reported that Green had just left a nearby club before he was shot. Green and co-worker Melissa Jackson,23, were suspended after the Dec. 2009 incident when they were in uniform at a sandwich shop during their lunch break. A pregnant worker in the back of the shop fell unconscious, and it was alleged that Green and Jackson failed to provide help, despite their EMT level training. The pair did telephone an on-duty co-worker for an ambulance, but the two then left the shop before the ambulance arrived. The woman was taken to a hospital, but she and her baby did not survive. Both served 30-day unpaid suspensions for their failure to assist the woman and returned to work in mid-January. Read more about the original medical incident and Sunday morning’s shooting incident here.

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