Dual Career Track Survey
Office of State Controller Survey
The Enforcer

Major Activities

Civil Service

            The Department continued regular monitoring of the activities of the Department of Civil Service (DCS) and the various state appointing authorities, which is an important part of PEF’s ongoing efforts to preserve the merit system.  From July 15, 2000 through August 8, 2001 the Research Department opened 199 and closed 250 civil service cases.  Most of these involved salary determinations, reclassification/reallocation inquiries, out-of-title work complaints, transfer issues, eligible list issues, layoff rights and procedures, jurisdictional classification issues, civil service exam inquiries, early and regular retirement questions, and probationary terminations.  These case totals do not include the estimated 1000 responses we made to telephone and e-mail inquiries.

            These figures also do not include the significant civil service work we have done at the Roswell Park Cancer Institute (RPCI). We completed our challenges to RPCI’s new classification system and have referred that case to the Legal Department for possible legal action.  We have also assisted the Legal Department in its lawsuit regarding the non-competitive classification of nine PEF titles including all nursing titles.  That lawsuit is in its final stages.

Other notable Civil Service Enforcement actions include:

            •  Submitted a reallocation request for various titles in DOCS including most direct-care nursing titles in state agencies.  DCS has approved PEF’s request to reallocate Fire and Safety Representatives from SG-14 to SG-18.

            •  Continued working with PEF leaders in the Office of the State Comptroller, Tax & Finance (T&F), Insurance, and Parole on reallocation requests for various titles. 

            •  Assisted OMH PEF members who were upgraded from Psychologist to Licensed Psychologist by analyzing the financial impact of the effective date of upgrade and ensuring that DCS selected the date with the most advantageous impact.

            •  Assisted SIF leaders in obtaining a waiver of probation for several new SIF titles and responded to a proposal to upgrade the Medical Care Representative title series. Assisted the Legal Department in challenging the movement of SIF titles to CSEA (PERB IP).

            •  Worked with DOCS’ leaders to convince agency management to ask DCS to change the minimum qualifications for the Correction Counselor (ASAT) title to allow ASAT Program Assistants with the CASAC credential to take the promotion exam regardless of the field in which they hold their Bachelors’ degrees.

            •  Completed with T&F leaders and management a request for geographic differentials for several auditor titles in the Chicago office, which has been submitted to DCS.

            •  Developed with PEF DED leaders a title consolidation proposal for several DED titles.

            •  With the assistance of PEF members, monitored the progress of the EEOC complaint against the Promotion Test Battery.

            •  Provided technical assistance to the Statewide Civil Service Committee focusing on dual career tracks, agency probation policies, and the lack of a pre-list review for the Promotion Test Battery.

Fiscal and Public Policy

            The Department prepared analyses of the impact on PEF members of the Executive Budget proposal, all related budget proposals, and the enacted 2001-02 State Budget. Armed with this information – summarized as “fact sheets” – PEF officers, member activists and staff were prepared for successful lobbying and fight-back efforts.  In addition we completed an analysis of the impact of the President’s proposed budget and approved tax cuts on New York State agencies and PEF members, and continued monitoring the progress of federal appropriation legislation with AFT and SEIU.  Staff also:

            •  Provided assistance and analysis of several OMH and OMRDD staffing issues. Continued coalition building with the Foundation for Mental Health, OMH Board of Visitors’ representatives and children advocacy groups to stop the merger of OMH Children and Adult Psychiatric Centers and the closure of Hutchings and Middletown Psychiatric centers.

            •  Provided assistance and analysis on issues surrounding the proposed merger of the Taconic and Capital District DDSOs.

            •  Assisted in preparing testimony and background data for Assembly hearings on Employee and Patient Safety and Security Issues in State-Operated Mental Hygiene Facilities in Utica, Buffalo, and New York City.

            •  Provided assistance and analysis to Division of Parole leaders to develop a legislative strategy to hire more parole officers and reduce parole officer caseloads.

            •  Provided assistance and analysis in developing PEF’s position on Rockefeller Drug law reform.

            •  Provided assistance and analysis to the Full-Staffing Committee including the completion of a workbook to assist PEF leaders in addressing short-staffing issues.

Employment Security

            The Department worked on several notable employment security issues during the past year including:

            •  Assisted SIF leaders in opposing SIF management’s attempt to lay off PEF members in the Disability Underwriters Unit in New York City.  We were successful and all of our members continue to work for SIF in New York City.

            •  Continued to work with the statewide Civil Service and Privatization Committees on the shadow agency project which led to the passage of PEF’s legislation that restricts the operations of shadow agencies.

            •  Continued monitoring and analyzing the implementation of the Workforce Investment Act.

            •  Continued monitoring the failures of the CONNECTIONS program and prepared statements for a legislative press conference on this issue.

            •  Provided staff analysis and information regarding several pension reform proposals passed or under consideration by the Legislature and federal changes in the deferred compensation law.

Goals

            •  Continue to address civil service issues that threaten the merit system.

            •  Work with the Statewide Civil Service Committee on challenging the lack of a pre-list review process for the Promotion Test Battery (PTB) and monitoring the EEOC complaint against the PTB.

            •  Help organize collective member action in support of PEF’s reassignment and transfer reform legislation.

            •  Continue to work on convincing State agencies to submit requests to reallocate PEF titles.

            •  Continue to work with the Statewide Nurses Committee on nursing compensation issues.

            •  Continue to work with the DOT workgroup on obtaining greater compensation for engineering titles.

            •  Continue to work with Division of Parole leaders to reduce Parole Officers’ caseloads.

            •  Continue to analyze state and federal budgets and work with L/M Chairs and the Legislative Department to increase member involvement in agency budget analysis and the preparation and dissemination of lobbying materials.

            •  Continue to provide staff support to members in developing proposals to ensure a future role for OMH and OMRDD professional employees in these agencies.

            •  Continue to work to improve the identification and analysis of the Pataki Administration’s privatization proposals and the development of fight-back strategies to defeat such proposals.