by Kim Letus
As some of you know, I, along with my partner, Bob Letus, and one of our process servers, Mark McCumber, spent a day at the State Capitol last month with NYSPPSA‘s publicist, Danny Frank. We were also joined by Maria and Harry Bass of We Serve It in Brooklyn.
Danny Frank has worked at the State Capitol for many years. He really knows his way around. It was fascinating to watch the way he interacted with the assemblymen and senators and their staff. We are very fortunate to have him in our corner. He walked us around to various offices in the Capitol. We were afforded the opportunity to voice our support for the assault bill (A-6077 in the Assembly; S-2599 in the Senate) and to discuss our increasing concerns about the safety of process servers in the field and the current lack of sufficient statutory protection. Staffers asked questions and made notes. I was particularly impressed with sponsoring Assemblyman Charles Lavine, who is very invested in our cause and who took the time out of his busy schedule to meet with us personally, rather than having us meet with his staff.
Process Servers Want Better Protection
Danny Frank also arranged for Mark, Bob and I to be interviewed by NYNow, and the interviews later aired on public access channels and NYNow.org. It gave us a chance to be heard by a larger audience and to explain our position and why we believe passage of this bill is so important.
(The Assault Bill interviews and coverage starts about halfway through at 14:18)
Calling the NYSPPSA Voices to be Heard
It is vital that our membership involve themselves and get the word out about this bill. As timing is limited to get the bill through, due to vacation schedules and the upcoming elections, NYSPPSA members should contact their Assemblymen and Senators NOW to voice their support for the bill. Make yourself heard. There are a number of bills being promoted in Albany at any given time, many of which involve high profile subject matter. It is up to each and every one of you to make sure that your representatives are aware of our bill and the fact that you, their constituent, believes it deserves their attention.
Open Season on Process Servers
Mark McCumber was punched in the face several months ago while serving a foreclosure. He was being polite and professional, but the recipient chose to vent his frustration at receiving foreclosure papers by punching the person handing them to him. The defendant was charged with a violation and given a ticket! A ticket! The DA will not be appearing because if the charge is less than a misdemeanor, no DA. If Mark wants an attorney there to state his case, HE HAS TO HIRE HIS OWN!!! Ridiculous! Danny Frank’s point is that if the assault on a process server is required to be charged as a felony, it can later be bargained down to a misdemeanor. Right now, it is often bargained down to or initially charged as only a violation, with little or no consequences.
With the way the law now stands, it’s open season on process servers. We continue to be on our own in situations like Mark’s if the Assault Bill A-6077/ S-2599 fails to pass.