Captains' President Faces a Challenge;

Richter Takes on Driscoll
Captains' President Faces a Challenge

By REUVEN BLAU

For the first time since 2000, there will be a contested election for the presidency of the Captains Endowment Association, with longtime union leader John F. Driscoll being challenged by Roy Richter, the commanding officer of the NYPD's License Division.

CAPTAINS' DUEL: Captains Endowment Association President John Driscoll (left) says the gains under his recent contract should propel him to a re-election victory, but challenger Roy Richter argues that union investments haven't met expectations and that his youth makes him an attractive alternative to many union members. The CEA's nomination meeting was scheduled for Oct. 16. Ballots were expected to be mailed to the union's 760 members shortly afterwards.

Contract Helps Driscoll

If the latest contract ratification vote is any indication, Captain Richter is facing an uphill battle. CEA members Aug. 14 overwhelmingly approved the wage contract negotiated by Mr. Driscoll and his board, with a 604-48 tally in favor of the deal.

"The membership was obviously appreciative," Mr. Driscoll said during a phone interview last week. "The number one rule for any union president is to deliver a contract that meets the needs of its members."

He noted that for the first time in decades, CEA members know what their raises and benefits will be for the next five years. "That's a good thing," he said.

Mr. Richter, however, pointed out that Captains had worked under an expired contract since Oct. 31, 2003 before the new deal was negotiated. "We were starving," he asserted. "We didn't have a pay raise since May 2002."

The contract, which covers four separate rounds of bargaining, is the longest wage agreement ever negotiated with the city. The deal was partly the product of a bargaining stalemate that existed for close to two years on a successor agreement to the CEA pact.

PBA Deal Complications

Mr. Driscoll had deferred his negotiations with the Bloomberg administration to await the outcome of a Patrolmen's Benevolent Association arbitration that was decided in June 2005. The PBA award wound up posing two problems for him: it featured a reduced pay scale for new hires that he was required to replicate in order to match the two 5-percent pay raises it provided, and he contended that Labor Relations Commissioner James F. Hanley was not giving him fair value for the concessions that the CEA leader offered.

Contract's Highlights

"I was the only union to correct, within the same contract, things that were done to the unborn," he said, referring to the fact that while he was forced to accept a reduced pay scale for new Captains, by the end of the pact future promotees will be restored to the regular salary schedule. "I thought that was a remarkable feat."

First elected in 1997, Mr. Driscoll is running on his record. "We've done a ton of things for the members, including delivering three great contracts for them," he asserted. Under his leadership, he said the union reduced the time it took for members to reach maximum pay from five years to three and negotiated the "highest annuity contributions of any union in the city of New York."

By the end of the contract in 2012, CEA members will receive $4,300 in annuity funds each year from the city, including the newly created Savings Incentive Plan. "That's not a bad piece of change," Mr. Driscoll remarked.

Mr. Richter, however, has been highly critical of how the CEA's annuity fund has been managed, detailing the issues on his Web site, www.nypdcea.com. "The membership has no voice in how the money's invested," he contended. "I want the membership to have control - a self directed-fund."

Say Fund Rebounded

Mr. Driscoll defended the fund management and said that he wants to create a "hybrid" account, which allows members to choose. "Back in 2001, the fund lost money then," he acknowledged. "But what he doesn't refer to is that this past year the fund earned 16.1 percent and over the past five years has earned 63 percent, and it's a top-performing balanced fund."

The opponents have actually pursued similar career paths, as they are licensed attorneys who have each served in the NYPD's Application Bureau.

Mr. Driscoll joined the department in 1974, but was laid off in July 1975 during the city's fiscal crisis. While away, he attended law school at St. John's University. But he decided to rejoin the NYPD when he was rehired in 1978. "I did take a leave of absence in 1980 and '81 to work as an [Assistant District Attorney] in The Bronx," he said.

Blue Blood

He returned to the NYPD because "Policing is in my blood. If you count our direct family, it's over 90 years of policing in New York."

His opponent joined the NYPD in 1988 as a Police Officer assigned to patrol in the Midtown South precinct and Housing Bureau. He was graduated from Fordham Law School in 1998 and worked as one of the lead attorneys for the NYPD in its Driving Under the Influence vehicle forfeiture program.

Mr. Richter has pointed to his youth as a major reason why he believes he's better suited to head the union. "A lot of my peers encouraged me to run," he remarked. "The union membership is younger and forward-looking. They want to change the old-school mentality."

He added, "People should vote for me because I reflect the current demographic of the union. I'm 40 and he's 55."

Mr. Driscoll retorted that Mr. Richter last year was looking to retire, only to discover that he had not yet reached his 20 years of service needed to receive his full pension. "I'm actually surprised that he's running, seeing as how he tried to retire in 2006," he said.

A Changed Outlook

Mr. Richter acknowledged that he had sought to leave. "My wife had gotten another job," he explained. "The Pension Section didn't calculate my time correctly. Now circumstances have changed and I'm 110 percent committed to the Police Department. I'll be here for another 20 years."

He currently serves as the commanding officer of the department's License Division. "We are in charge of handgun licenses and shotgun permits," he said. "Basically I'm responsible for any private citizen that has a gun in New York."

As for his underdog status, Mr. Richter said that he was encouraged by the support he has received from his colleagues. "The feedback that I get back from the membership has been very positive," he said. "It's been refreshing and further encourages me."

During his tenure as union president, Mr. Driscoll has gained a reputation for being a knowledgeable leader able to broker complex deals and battle objectionable new policies, such as the NYPD's attempt to switch to hair testing for drug use. He led the successful legal battle against that policy, contending that the move violated his members' rights and was a mandatory subject of collective bargaining.

A Political Maverick

Mr. Driscoll, who has been labeled a "maverick" by labor insiders, has also taken controversial political positions for a law-enforcement union president. He is opposed to the death penalty and has frequently spoken out against what he considers the Bush Administration's anti-union policies.

But he predicted those beliefs, which don't coincide with those of many of his members, wouldn't affect the election. "I have the experience and the background to lead this union," he said. "I've proven it over the past 11 years and I'll prove it over the next four years as well."