The Virginian-Pilot
©
VIRGINIA BEACH
A state investigator took two weeks to judge whether Virginia Beach Detective Michael Phillips' family qualified for on-the-job death benefits after he was killed while working on an undercover drug deal. And the city was billed more than $1,000 for his investigation.
Phillips died in August, when he and two men were negotiating a drug transaction in the parking lot of Green Run Square Shopping Center on Holland Road. Court records say one of the men walked up to Phillips' pickup, as other officers watched the deal, and shot him three times.
A retired member of the State Police logged 50 hours at a rate of $20.87 per hour and traveled more than 700 miles to see whether Phillips' family was eligible to collect $75,000 in state benefits, according to an expense report obtained through the Freedom of Information Act.
When the investigation was over, the city was charged $1,175.16.
The Beach police so far are the only agency charged by the state for the cost of investigating line-of-duty benefit claims.
The police department used funds from its operating account to pay the state.
Police Chief A.M. "Jake" Jacocks questioned the law that requires State Police to handle line-of-duty death claims, when local agencies already spend so much time conducting investigations of their own.
"A police department or sheriff's office that experiences a line-of-duty death does an extensive investigation into that incident, whether it was accidental or a criminal act," Jacocks said. "There is no valid reason to require that an outside agency do a separate investigation for payment of line-of-duty benefits."
Jacocks added that the federal government accepts a locality's findings for the purposes of paying out federal benefits.
State Comptroller David Von Moll explained that line-of-duty benefits are state-funded and that investigators determine only what needs to be proved for eligibility.
A 2003 law allows State Police to recover the cost of such investigations. "This is the first time we actually charged because of budgetary constraints," said State Police spokeswoman Deborah Cox. "We can't absorb those costs anymore because of the economic situation."
As of Dec. 4, there were 123 such investigations conducted this year at a cost of about $134,000, according to state figures.
Duane Bourne, (757) 222-5150, duane.bourne@pilotonline.com
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VDOT and State Vehicles...
The story in the previous post was most likely exaggerated, for it came from a sternly anti-VDOT foamer/"concerned citizen"/relative in Great Bridge who went on to complain that state tramples on local government as if local government folks are 2nd rate. HOWEVER, I see VDOT pickups run red lights all the time around the Lynnhaven Pkwy project in VB. That is a city maintained road that is being widened as a state administered project. Mainly ignoring the left turn signal is what I see often.
who did they
Did they send Chief Inspector Clouseau? 700 miles, uh- your fired...
shameful....
everyone involved should be ashamed..... this man lost his life protecting and honoring his city and left behind a family that deserves more then what they got.... It should be until the child finish college and for the spouse the rest of her life... We really know how to honor our real hero's.
VDOT vehicles on city maintained roads...
State vehicles on city maintained roads do not have to obey city maintained traffic lights. Only a state trooper can stop a state vehicle, such as a VDOT truck. Many years ago, I heard of a VDOT truck driver who got stopped by a city of Chesapeake cop for running a red light, and following state procedure, the VDOT worker called the state police. After taking an hour to show up at the scene, the State Trooper pulled up and ordered the city police to leave or be arrested. The VDOT truck driver drove off and all the trooper said was to be more careful next time, and use state-maintained roads if at all possible.
Open and Shut...
It is pretty clear that the policeman died while under-cover doing a drug buy, which in itself is dangerous. I would assume that the "buy" was being audio recorded at the very least and since other officers were witnesing the "buy" I would assume it was most likely video taped as well. That being said, it leads me to a few questions. The State supposedly has to investigate. Why is it that a retired state trooper was doing the investigation? If the budget constraints are that tight, wouldn't it have been more cost effective to send a trooper already on the pay roll? Why did he have to travel 700 miles? I assume there was enough recorded evidence of "killed in line of duty" that could of been mailed along with signed statements. And even if he did have to drive, one trip would of been sufficent, so even at a "round" trip, were was this investigator traveling from? His retirement home in South Carolina? And the most important question, an officer died in the line of duty and his life was only worth $75,000? Now that is a disgrace!
Innefficient
They drove 700 miles? I guess it would have been too hard to find a retired officer closer? Or better yet, wouldn't it have been less expensive to have sent an active duty officer from the Division 5 headquarters on Military Highway? I'm not belittling our State Police but someone made a decision to contest the eligibility of this fine officer who died in the LOD. Is this SOP or was this an attempt to deny his family a benefit they rightfully deserve? I think the AG or even Kaine should appologize and find out why it took so much time and mileage to determine this decision. Maybe someone fraudulantly inflated their time and mileage? No, that's never happened before has it?
hmmmmmm
I wonder what they were hoping to find so they could turn down the benefits? This situation is about as cut and dry as they come. Police officers out there everywhere, understand that your family will go through the same (God forbid) if you are ever hurt or killed in the line of duty. Makes you feel real warm and cozy doesn't it?
His Family Rates More!
I'm not so concerned about Va Beach getting billed. I'm more concerned that all the family gets is $75,000, while those suing because they can't pass police math test likely get that much in a settlement. What is wrong with this picture?
Typical......
Probably the same group of inept state workers that try to hose cops and firefighters who get hurt on the job, have to retire, then get denied benefits until the employees sue the state......
What? Not again!
They did not need to drag this out except to see if they did not have to pay his widow the money..next they will claim they did not really need to pay her but the PR would be really bad if they didn't. And then pray she doesn't cash the check due to budget constraints. Heard the same argument when we filed wrongful death claims with the Federal Government over my fathers death due to asbestosis.