Executive Board Minutes
June 6 – 7, 2002
Desmond Hotel, Albany, New York
President Benson called the meeting to order at 9:00 a.m. Thursday, June 6, 2002.
Members joined in the Pledge of Allegiance to the Flag. President Benson sworn in Donald Reinhard, representing the Health Department.
APPROVAL OF AGENDA
The agenda was adopted with the inclusion of the Policy regarding Sign-Off on Improper Practices. The approved agenda is listed:
a) Priorities Update/Retirement Incentives
b) School for the Deaf and Blind Contract
c) Quality Service Award – 3:00 p.m. Thursday
d) State Budget Update
e) Contract Update
f) Article 12.17 and Transit Chek Update
g) Regular Election Approval
h) Fiscal Review/Gifts and Gratuities
i) Health and Safety Emergency Evacuation Training
j) Sign-Off on Improper Practices
a) Budget Amendment/Labor Management Assistant
b) E-mail Guidelines
c) Division Per Caps/Members
d) Executive Board Triennial Election Constituency Lists
e) Executive Board Travel
a) Convention
1. Convention Agenda adjustment
2. Travel Voucher
3. Constitution and ByLaws Report
b) Political Action
c) Division Appeal (Friday following lunch)
Executive Board Minutes
June 6-7, 2002
Page 2
APPROVAL OF AGENDA – continued
a) Monument Committee (Thursday following lunch)
b) Sick Leave Buy-Back
a) Code of Ethics - Posner
b) Annual List of Member by Agency Code – Leanza
c) AFT/SEIU Convention Delegates – Keenan
APPROVAL OF THE MINUTES
The minutes from the March 7-8, 2002 Executive Board meeting were adopted with the notation from Ron Goldstein that the E-mail training that was scheduled when the meeting recessed on the March 7th was unable to take place due to mechanical failure and would be scheduled at the June 6th Executive Board meeting.
PRESIDENT’S REPORT
A short video that was compiled by the American Federation of Teachers regarding an anti-dues check-off, pro working-rights referendum that occurred in Oklahoma last November.
President Benson announced there were external and internal challenges facing the PEF membership. He spoke on the economy, which was still drastically down; the state budget deficit; the stock market that had not recovered; the Office of Metal Health that wants to continue to close facilities; and spoke on proposals from the Bush Administration that would affect the Department of Labor.
Another external issue, was the gubernatorial election endorsement whereupon President Benson strongly encouraged the Board to support the PAC’s decision.
Speaking on the internal issues of the Union, President Benson encouraged the Board to recommit to making Divisions fully mobilized. He took this time to introduce Margaret Messer, the Assistant Director of Mobilization and Education.
Regarding the PALS Program, he announced members would be asked to be involved in targeted elections.
Stronger Contracts
President Benson reported that we had publicly identified the goals of this contract and telegraphed them to the second floor.
Retirement Reform
President Benson stated this issue would be determined by the stock market.
Executive Board Minutes
June 6-7, 2002
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PRESIDENT’S REPORT - continued
Job Security
President Benson announced that Vice President Baker and the Job Security Committee would be reporting at the August board meeting the plans they are going to propose after November.
Labor Management Effectiveness
President Benson stated there would be Increase communications between committees by approving the labor/management reporter.
President Benson thanked Vice President Fox for his leadership in publishing the Civil Service Enforcer and also thanked Ruth Gaines for the comprehensive report on full staffing.
Questions were answered and the President’s Priorities and Updates were concluded.
State Budget Update
Marty O’Connor, Assistant Director of Civil Service Enforcement reported on the two retirement incentive proposals; part A, the traditional early retirement incentive; part B, 25/55 provision. He answered many questions on this issue.
Brian Curran. Director of Legislation reported on the state budget process and the current state of the legislative session and legislation that PEF was working on. He felt it was fair to say that the budget at this point anticipates that we would be able to get through the immediate period with no layoffs.
Tom Cetrino, Director of Civil Service Enforcement reported on the anticipation of next year’s scenario. He also spoke on monetary restorations in some very important programs for our members.
A very lengthy question and answer period followed the State Budget Update.
Contract Update
Vice President, Contract Chair, Ken Brynien reported that the contract team had been meeting a couple days a month for the last few months going over strategy for the upcoming negotiations. He stated there would be updates and a presentation of the contract team at the August Board meeting.
Article 12.17 Update
Roger Scales, Director of Labor Relations reported that briefs had been files since the last meeting and it would probably be some time before the arbitrator rendered a decision.
Executive Board Minutes
June 6-7, 2002
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Transit Chek
Mr. Scales briefly went over the transit check issue and stated the Pretax transportation benefit and stated there had been significant discussions with GOER regarding implementing the plan. He did stated however, that this had not yet been approved by Budget. Mr. Scales answered questions from the Board members.
Executive Board recessed at 11:55 a.m.
Executive Board resumed at 1:00 p.m.
President Benson called the meeting back to order.
Wayne Bayer, on a point of order, asked were it would be appropriate to ask questions regarding the Statewide PACC report . President Benson responded under item 8 (b).
Monument Committee Report
John Clark, Chair of the Monument Committee acknowledged the members of the committee and brought forth the proposal from the committee. Erich Valckenaere, a PEF member who had volunteered to work on this project presented his video of the project.
President Benson moved, on behalf of the committee, that the Executive Board appropriate $65,000 from the contingency fund for the purpose of building the memorial to PEF members. The motion received a second.
There was discussion on the how the names were to be applied, and President Benson responded that there would be a policy to address that and it would be presented at the August Board meeting.
Mary Twitchell called the question, received a second. The main motion, to allocate $65,000 for a PEF Memorial, from the contingency fund, carried.
Regular Election Committee Approval
President Benson announced the members of the committee: Bridget Pawelczak, Ed Doyle, Vivien Street, Edith Cooper, Donald Kehoskie, Paul Gendron, Sheila Bradwell, Charmaine McKetty, and Lola Young. President Benson moved for adoption of the committee, received and second and the motion carried.
Executive Board Minutes
June 6-7, 2002
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Fiscal Review
Trustee Olubiyi Sehindemi, Chair of the Fiscal Review Committee announced the recommendations: All major contracts over $5,000 must be reviewed by the Legal Department; A copy of all contracts must be on file in Albany and assigned internal control number; All requests for payments should include the internal control number; PEF officers designated/authorized to sign contracts on behalf of PEF are the President, Secretary-Treasurer and Vice President for Conventions; Any events that create contractual obligations valued at $5,000 and over must have secondary approval by Secretary-Treasurer and reviewed by legal; All purchases over $500 should go out to bids or telephone quotations, and the bids should be kept in a separate file in the accounting department; No PEF officer should contract for goods and services directly with vendors, in emergency however, such contracts must be signed off by a second authorized officer; The nature of the emergency must be stated in details; All contracts for over a year musts be submitted to a central file and reviewed by the Accounting Department; PEF should contract for unannounced audits and forensic auditing spot checks; All purchasing orders and receiving of orders must be signed off by a second person unless at the regional offices where there’s only one administrative staff; The PEF chief financial officer should have a three-year employment contract not coincidental with the triennial election; The trustees should randomly review purchase agents’ activities. The purchasing agent and local officers must work cooperatively together. Every effort should be made to have all purchases go through the purchasing agent. In an emergency, purchase orders must be submitted immediately for legal and accounting review.
President Benson announced this was not a motion, but an opportunity to receive feedback on this issue.
Joe Lewis moved the order of the day, received a second and the agenda was moved.
School for the Deaf and Blind Contract
Robert Carrothers, Director of Contract Administration reported that all documentation was included in the Executive Board kit and proceeded to explain briefly what they were and touched on some of the highlights. He further stated that this was not an agreement like a contract that would be ratified by the membership. It was a Memorandum of Understanding between PEF and the State of New York. Mr. Carrothers answered questions concerning the agreement. At this time Vickie Stockton, Council Leader at Division 206, in Rome thanked everyone for their support in helping to resolve the MOU. Debby Cromwell Stamp also thanked the Administration and staff for all their perseverance in reaching the agreement.
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June 6-7, 2002
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PEF Policy on Gifts and Gratuities
President Benson referred to the PEF Policy on Gifts and Gratuities that was included in the Executive Board kit. He stated it was developed at his request, reviewed by the Executive Council, modified with their input, and is proposed to the Board as a potential policy. He asked for a second to the proposal. The motion received a second.
After much discussion on this proposed policy, President Benson proposed the following amendments: The title would include the word “Personal”, to read, “PEF Policy on Personal Gifts and Gratuities; third line, “personal gifts or gratuities by PEF officers, elected and/or appointed representatives”(this to be consistent throughout the policy); under the nominal value, increase from, [$50.00] to $75.00 (to be consistent throughout the policy); and the last sentence to read, “This policy is not intended to apply to retirement or separation from service, gifts or meals.” To also add a new number (3) “This policy is enforceable for PEF members via the ethics grievance procedure.” There was a second to the above amendments.
Mike Keenan moved to amend the policy to add, “Acceptance of gifts and gratuities by PEF Officers, elected or appointed representatives and employees from members and Divisions and Regions is prohibited.” It was the will of the body not to address this issue.
After much discussion, Tom Van Braemer moved to table the policy. President Benson stated the changes would be incorporated into the policy and would be presented at the August Board meeting.
Quality Service Award
The Quality Service Award was presented to Jill Dangler representing the Mohawk Valley Psychiatric Center. Ms. Dangler was chosen for her determination and perseverance in making Mohawk Valley a safer place for staff and patients. Ms. Dangler accepted the award and thanked everyone.
Staff TransitChek
Ron Goldstein, on a point of order, asked for an update on the staff TransitChek. Cliff Merchant, Director of Mobilizing and Education, reported they were in the process of implementing the TransitChek program with USWA and they were working with the Accounting Department and USWA’s Labor/Management Chair.
Health and Safety Emergency Evacuation Training
Ross Aaronson, Chair of the Statewide Health and Safety Committee gave a report on the emergency evacuation training which is being implemented in the near future. Executive Board members thanked the President for his endeavor in seeing this was implemented.
Executive Board Minutes
June 6-7, 2002
Page 7
Policy on Improper Practices
President Benson referred to the document. “Procedure for Settlement of PERB Discrimination Charges” that was handed out at the meeting and explained the
necessity for this policy. The policy was moved and seconded.
Dennis Beagle moved to amend the policy to delete the word “rare” in the second
paragraph. President Benson responded it would be accepted as a recommended change.
After debating this policy, it was recommended to change the second paragraph to include the following language: “In those instances where there is a disagreement as to the terms of the settlement between the individuals named in the charge and the PEF professional advocate assigned to the case, the PEF member/activist will have the right to appeal to the appropriate supervisor for relief and from there to PEF’s director of Labor Relations. “The decision of the director of labor relations will be subject to the approval of the PEF President in consultation with the PEF member in question.” During this appeal process no settlement will be executed by PEF.
The policy was adopted unanimously with the inclusion of the added language and the deletion of the word “rare”. (See attached copy)
SECRETARY-TREASURER’S REPORT
Secretary Treasurer Hallum started her report announcing she would be asking the Board to consider the monetary payment for restoration of EOL for a few members who did not have their accruals restored for some time ago. She gave the reasons why GOER would not accept the EOL sheets. She stated this would be addressed later in her report when all the information was available.
Budget Amendments
Secretary-Treasurer Hallum went over the proposed overages exceeding 10 per cent and referred to the housekeeping amendments that were distributed to the Board. The motion to approve the amendments was seconded.
After answering questions on the amendments, Pat Leanza moved to close debate. Debate was closed and the budget amendments were adopted. (See attached budget amendments)
The second amendment lists the total money from reserve not transferred to the budget. Ms. Hallum stated this was already done in March and already voted on.
Labor Management Assistant
Secretary-Treasurer Hallum outlined duties that the L/M Assistant as a Grade 5 USWA would be handling and asked for a motion to hire this individual. The monies for this position would be funded from the difference in the Assistant Director of Mobilizing and Education position a lower rate. After debating the position, Bill Sachs called the question. The motion carried to fill the position.
Executive Board Minutes
June 6-7, 2002
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E-Mail Guidelines
Jim Blake, Chair of the E-Mail Guidelines Committee referred to the document that was included in the Executive Board kit, explained how it was devised and moved the policy.
The motion received a second.
Mike Keenan moved to amend the policy to delete lines 28 – 32 and replace with the following language: “Specific charges of abuse should be filed with the Ethics Committee. A determination of abuse may result in suspension of e-mail privileges and is appealable to the Executive Board. There was a second to the amendment.
Donald Morganstern moved to amend the amendment to delete the section to be appealable to the Executive Board and received a second. The amendment to the amendment was acceptable to Mr. Keenan, maker of the original amendment.
Joe Lewis, on a point of order asked for a quorum count. There were 78 members in the room, clearly a quorum.
The amendment carried, as follows: “PEF reserves the right to suspend abusers from sending e-mail from the PEF account. Specific charges of abuse should be filed with the Ethics Committee and the determination of abuse shall result in suspension of e-mail privileges.”
The main motion, as amended carried. (See attached policy)
President Benson announced there would be an e-mail training following the recess and also announced there would be a celebration dessert/dance reception at 8:00 p.m. to celebrate
the agreement for the School for the Deaf and Blind.
The meeting recessed at 4:38p.m. Thursday, June 6, 2002
The meeting resume at 9:00 a.m. Friday, June 7, 2002
President Benson called the meeting back to order and members joined in the Pledge of Allegiance. (The items remaining on the agenda were reviewed for the Executive Board.
SECRETARY-TREASURER’S REPORT - continued
Division Per Caps/Members
Secretary-Treasurer Hallum brought up the anomalies in the Division membership lists.
She reported a two-week search was done regarding members that were not listed in any division and why it was occurring and problems with the data. Ms. Hallum stated the MIS department was working on identifying the anomalies and asked for input from the Executive Board regarding the lists. She stated the reports that were given out would be rerun and Divisions would be paid the difference in per capitas where there actually were more members. Many questions were answered regarding this report.
Executive Board Minutes
June 6-7, 2002
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SECRETARY-TREASURER’S REPORT – continued
Mary Twitchell moved the order of the day, received a second and the agenda was moved.
Executive Board Triennial Election Constituency Lists
Secretary-Treasurer Hallum clarified the Triennial Election lists for
new Executive Board members. She passed out the preliminary lists to the
Labor/Management chairs and asked that the Executive Board members write to
Angelo at MIS_service@pef.org and request the copy of your constituency. The
report is called DPTAGCT2. Ms. Hallum also stated that the third week of
September, when the teachers were back in the file, another report would be
produced. Questions were answered regarding the report.
Also, questions were answered by Ms. Hallum regarding the financial statements that were sent to the Executive Board members.
Lou Matrazzo moved the order of the day, received a second and the agenda was moved.
Executive Board Travel and EOL
Secretary-Treasurer Hallum reported that the Executive Council met and decided there were issues regarding travel for members from Long Island and the Buffalo region. She stated it was decided to give discretion to deal with those issues on a case-by-case basis and something would be worked out. She also reported that it was decided that the Executive Board meetings would adjourn at 2:00 p.m. on the final day, with a working lunch to be brought back into the session.
EOL Reimbursement
Secretary-Treasurer Hallum announced there were six members that GOER had refused to reimburse for their EOL, and moved that they be paid at the current salary upon full documentation of their exact pay. The motion was seconded and carried.
COMMITTEE REPORTS
Convention Agenda Adjustment
Vice President Joe Fox brought forth the convention agenda adjustment and moved to
changed the Department Caucuses and Workshops times. The motion was seconded and carried.
Convention Travel Voucher
Vice President Fox referred to the Convention Travel Voucher that was in the Executive Board Kit and moved for acceptance and received a second. After answering a few questions, the voucher was adopted.
Executive Board Minutes
June 6-7, 2002
Page 10
Constitution and ByLaws Report
Michael Harrigan, Chair of the Constitution and ByLaws Committee referred to Article XXII – Bill of Rights for PEF Members. He stated the committee recommended to amend Article XXII section (H) by changing the [one month’s] written notice to sixty (60) days’ written notice. There was a second to this amendment.
Cliff West moved to accept the committee’s decision and the amendment carried. (This amendment was considered as a result of a 2001 Convention resolution that as referred to this committee.)
Mr. Harrigan also pointed out that there was an amendment passed at the 2001 August Executive Board meeting to amend Article XXII (F) to add the word “statewide” to the language and change the wording of [local unit] to division. Both of these amendments would be brought forth to the delegates at the 2002 PEF Convention.
Political Action
Vice President Ken Brynien stated at the June Executive Board meeting, the Statewide PAC was charged with coming back to this meeting with a recommendation regarding the Governor’s race. Mr. Brynien stated that after the Statewide PAC Committee met and weighted what PEF’s influence would be and what effects would be on our needs, the committee recommended that we not take a position in this race and bring this before the August Board meeting. There was a response of second.
After discussing the issue, Lou Matrazzo moved to close debate, received a second and debate was closed. The motion carried not to make a decision in the Governor’s race at this time.
Sick Leave Buy-Back
Dennis Beagle, Chair of the Sick Leave Buyback Committee, referred to the Sick Leave Buy-Back Resolution and all the back-up information that was included. He stated he would like to address the sick leave buy-back and then the issue on retirement service credit.
After many questions were answered, Mr. Beagle moved for adoption of the resolution and received a second.
Marion Michel moved to amend the resolution to read, “Total payments to the individual and/or surviving spouse or dependent survivor will not exceed [this amount] the amount which would have been payable from the state sick leave account.” Ms. Michel continued with her second amendment to read, “The escrow credits shall not cause the combined state/PEF benefit to exceed the maximum amount [allowable] payable by the state and the current collective bargaining agreement in effect.” The amendments were seconded.
Executive Board Minutes
June 6-7, 2002
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Sick Leave Buy-Back Resolution - continued
There was no debate on the amendment. Cliff West called all questions before the house and received a response of second There was a call for Division of the House. The motion to close all matters before the house carried 67 to 8.
The amendments carried, as well as the main resolution as amended.
Mr. Beagle brought forth the second motion regarding the Sick Leave Buy-Back Resolution.
“Regardless of the outcome of the sick leave credit dispute with GOER, the following amends the August 24, 1999 policy and becomes permanent. Because officers and staff lose retirement service credits as a result of loss of sick leave accruals, an escrow account will be established to compensate them for this loss, and payment will be made yearly.” The motion received a second, and after discussion the motion carried. (See attached Sick Leave Buy-Back Resolution)
Executive Board recessed for lunch at 11:45 a.m.
Executive Board reconvened at 12:30 p.m.
President Benson called the meeting back to order.
Code of Ethics Amendment
Barbara Posner explained the reason for the amendment to the Code of Ethics and the intent.
President Benson moved the amendment to the Code of Ethics: This would add a sub-paragraph to the “Procedure” section of the Code of Ethics. “If a member is convicted in a court of law for misuse or misappropriation of union monies, or if the union obtains a civil judgment against a member for the misuse or misappropriation of union monies, or as part of a settlement agreement between the union and the member, the member agrees to reimburse the union for monies improperly obtained or disbursed, PEF’s Secretary-Treasurer shall be informed of the conviction, judgment or settlement agreement. The Secretary-Treasurer shall then initiate and file charges on behalf of PEF against the member with the Ethics Committee. This paragraph shall not preclude other Officers or members in good standing from filing charges with the Ethics Committee against a member or Officers for the alleged misconduct set forth in this paragraph.” There was a response of second.
Joe Lewis moved to amend the amendment to the Code of Ethics, “If a member is convicted in a court of law or enters into a plea bargain agreement for the misuse………” and in the line reading, “The Secretary-Treasurer [shall then initiate and] is then mandated to file charges on behalf…..” There was a second to the amendments to the amendment and they were adopted.
Executive Board Minutes
June 6-7, 2002
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Code of Ethics Amendment - continued
Donald Morgenstern moved to amend the amendment to the Code of Ethics or add, “or officer” to language that refers to both officer and member.
President Benson stated that with the permission of Ms. Posner and the General Counsel, the words “and officer” should be deleted from the amendment, as all officers are members.
This was acceptable.
After discussion this issue Charlie McAteer called the question, debate was closed and the amendment to the Code of Ethics as amended was adopted.
AFT/SEIU Convention Delegates
Mike Keenan moved that PEF consult with the Internationals and request the possibility of any PEF member attending either the AFT or SEIU Conventions. There was a response of second.
After considerable discussion on this issue, Jonathan Gittens called the question and debate was closed. Mike Keenan spoke last on the motion and it was defeated approximately 29 to 40.
Ron Goldstein on a point of order, stated he thought a Trustee may have voted. President Benson stated a Trustee is not permitted to vote, but since the vote was not close, there would be no recount.
Division Appeal
David Stallone, Chair of the Divisions Committee referred to the George Burns appeal that was included in the Board packet. Mr. Stallone gave a brief description of the case and how the committee arrived at their decision to deny the appeal.
A motion carried to hear the appeal. Mr. Burns was not present.
Dennis Beagle, on a point of order, wondered if there was some confusion between hearing oral arguments and hearing debate. President Benson stated, he had been advised by the General Counsel that a majority vote was needed to have debate by other interested parties.
A vote was taken and it was clear the Board did not want to hear oral arguments.
Ron Manuli, on a point of order, asked if we could still ask questions. President Benson
Responded that questions could be asked and debate on the motion to sustain the Division Committee decision could take place.
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June 6-7, 2002
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Division Appeal – continued
Mike Keenan, on a point of order, stated since he was the respondent, representing Division 169, questioned if there should be a vote to let him respond. Mr. Stallone responded that the Board did vote not to hear oral arguments on the merit of the grievance and that the Board was now deciding whether or not to sustain the committee’s decision.
After discussing this appeal, the motion to sustain the committee’s decision to deny the appeal carried.
The agenda was completed and the meeting adjourned at 2:15 p.m.
Respectfully submitted,
JANE HALLUM
Secretary-Treasurer
Attach./
Amendment to the minutes – under the President’s report, add Executive Board support
the PAC’s decision in the gubernatorial race for no endorsement..
Under the Labor Management effectiveness change the word to increased.
Under Wayne Bayer’s point of order change “were” to “Where”
Correct spelling of Tom Van Bramer’s name.