Executive Board Minutes

August 1 – 2, 2002

Quality Inn Hotel, Albany, New York

President Benson called the meeting to order at 9:05 a.m. and members joined in the Pledge

of Allegiance to the Flag.

Mary Mahoney was sworn in as Executive Board member to represent the Department of

Health.

ADOPTION OF THE MINUTES

The minutes were adopted with following technical amendments; under the President’s

Report, add that Executive Board support the PAC’s decision for no endorsement; under

Labor Management Effectiveness, to change the word to increased; under Wayne Bayer’s

point of order, change “were” to “where”; and correct the spelling of Tom Van Bramer’s

name.

ADOPTION OF THE AGENDA

The agenda was adopted by adding a section to the President’s report for discussion

on Departmental meetings at the Convention. Under Member Items, it was agreed to

address PEF Policy Manual – Goldstein, and Update of Criminal Charges Against Previous

Secretary-Treasurer – Goldstein under the Secretary-Treasurer’s report. To add under

Member Items, discussion on Information Technology Staff at PEF and the Direct Deposit

issue.

The Agenda was adopted as follows:

1. Call the Meeting to Order

2. Pledge of Allegiance to the Flag

3. Swear in Newly Elected Board Member

4. Approval of the Agenda

5. Approval of the Minutes

6. President’s Report

a) Priorities Update

b) Steward Training Update

c) Gifts and Gratuities

d) Article 12.17 and Transit Check Update

e) Contract Team Presentation

f) Policy on Memorialized PEF Monument

g) Departmental Meetings at Convention

h) Presentation H. Carl McCall and George Pataki

Executive Board Minutes

August 1 – 2, 2002

Page 2

ADOPTION OF THE AGENDA – continued

7. Secretary-Treasurer’s Report

a) Fiscal Review

b) Division Membership Counts

c) Division Departmental Review

d) Executive Board Constituency Process

8. Committee Reports

a) Job Security Campaign 2002-2003

b) Political Action Endorsement/Legislative Agenda

c) Division Guidelines

d) Ethics Committee Amendments (This was postponed)

e) Regular/Triennial Election Committee Reports

f) Convention Update

g) Special Election Committee Appeal

9. Member Items

a) Direct Deposit

b) Information Technology Staff @PEF

PRESIDENT’S REPORT

President Benson asked to Board vote on whether or not to hear the Special Election Appeal

filed by Jim Close. Although the hearing of the appeal, if approved, was scheduled on the

agenda for later in the meeting. The Board voted not to hear the appeal .

President Benson cited the following members and gave recognition and show

appreciation for their accomplishments:

Mary Twitchell, President of the Tri County Central Labor Council

Mike Keenan, President of the Troy Area Labor Council

June Edwards, AFT PPC, Health Care Division

Joe Fox, AFT, FPE Policy and Procedures Committee

Joyce Degenhardt, SEIU National Nurse Alliance Committee

William Crotty and Jim Gonyo – Salute the Labor Dinner

Ruth Gaines who will be retiring August 21^st, 2002.

Priorities Update

President Benson reported on short term challenges, stating that two of the three

Gubernatorial candidates would be appearing before the Board on Friday seeking PEF’s

endorsement. He further stated we needed to continue efforts in getting our Divisions

mobilized. He continued stating we must take advantage of opportunities to be

involved in grassroot campaigns. President Benson also asked the Board to fund the

Proposal for the 2002-2003 Job Security Campaign that was on the agenda.

Executive Board Minutes

August 1 – 2, 2002

Page 3

PRESIDENT’S REPORT – continued

Priorities Update - continued

Regarding the long term challenges, he commented on the State of New York facing

huge deficits in the State budget next year. Regarding politics, he stated we need to continue

to work hard at collecting political chips, and with the predicted budget shortfalls, we need to

strengthen our alliances with other organizations. He stated we appear to have an agreement

for coordinated bargaining on Health benefit, especially regarding prescription drug

coverage. He brought up the fact that NYSCOBA had achieved legislation for Binding

arbitration and that would be a big factor for our salary increases.

President Benson went over some of our many accomplishments: 25/55 retirement

incentive; Parole Officer’s confidentially bill that would be signed later this month;

GOER agreement to expedite the arbitration process regarding the selection of one

Of the members of the Contract Team; Transit Check agreement; Contracts for the

School for the Deaf and Blind. Regarding Job Security, the Governor has committed

to being opposed to layoffs; Health and Safety Conference release time; half time leave

for Health and Safety Chair. President Benson reported that he had a hand shake deal

with the Governor to enable all PEF members to once again earn 13 days of Sick Leave. He

stated this would be something that we would not have to concede anything for in our next

contract. He also stated that our influence with the State AFL-CIO was increasing.

Many questions were answered at the conclusion of President Benson’s report.

Steward Training Update

President Benson reported as of June 29^th a survey was completed of fully trained

Stewards in every region. He stated the average number of fully trained stewards in PEF is

45.7 percent. He stated he was committed to seeing that Steward training be continued.

Gifts and Gratuities Update

General Counsel William Seamon referred to a document that had been included in the Board

Kit. He went over the changes that were recommended at the last meeting. President Benson

moved for adoption of the revised “PEF Policy on Personal Gifts and Gratuities”. There was

a second to the motion.

Upon questioning from members as to the definition of families, it was decided to review the

Policy and bring it up again after lunch.

Article 12.17 Update

Roger Scales, Director of Labor Relations reported the Arbitrator’s decision would not be

rendered for a possibly a couple of months. He answered questions on the Article 12.17,

the binding arbitration issue and standby/on-call, all being decided by the same arbitrator.

Executive Board Minutes

August 1 – 2, 2002

Page 4

Contract Team Presentation

Vice President, Contact Team Chair, Ken Brynien introduced the Contract Team:

Donna Rodriguez, Joe Tewksbury, Lou Matrazzo, Rosemary Rossi Williams, Olivia

Robinson, Kartikey Adhvaryu, Juanita Babcock, Lola Parks Guerra, David Stallone,

June Edwards, Todd Fryer, Arlea Igoe, Bob Carrothers and Roger Scales. Mr. Brynien

reported the team had been meeting for several months studying the contract, learning the

fine details of what it says and does not say and announced meetings to be held around the

regions.

Policy on Memorialized PEF Monument

President Benson referred to the proposed policy that was included in the Board kit. He

stated this proposed policy memorializes discussions at the Executive Council and so moved

the issue. The motion was seconded and the policy was adopted. (See attached policy)

Willis Toms moved that the Board make an exception to the policy to add the name of Parole

Officer Barry Sutherland. Mr. Toms had explained that Mr. Sutherland had been a CSEA

member before PEF was in existence and had been murdered by a parolee. The issue was

debated and the motion was defeated.

State Insurance Fund Convention Delegates

President Benson gave background on the unit challenge improper practice that PEF won

regarding 441 State Insurance Fund members. He reported nine State Insurance Fund

members had filed petitions to attend the PEF Convention, and explained whey they were

not qualified to be delegates. President Benson then moved that the Executive Board

recommend to the Convention delegates to seat the nine new delegates from the State

Insurance Fund. There was a second to the motion.

Both Bernie Kahn, representing the State Insurance Fund and Region 10 Coordinator Jennifer

Faucher spoke on behalf of the potential delegates. After debating the issue, Jennifer Faucher

moved to amend the main motion to seat the nine potential delegates today based on General

Counsel, William Seamon’s interpretation of Article XVI (C.1) of the PEF Constitution. The

motion was ruled out of order as it would usurping the authority of the delegates to seat

contested delegates.

Bernie Kahn moved to close debate, received a second and debate was closed. The motion to

recommend to the delegates that nine new State Insurance Fund delegates be seated at the

Convention carried.

The meeting recessed for lunch at 12:00 noon.

Executive Board Minutes

August 1 – 2, 2002

Page 5

The meeting reconvened at 1:10 p.m.

President Benson called the meeting back to order, and reviewed the agenda. He

stated Pricilla Sweet had agreed to postpone the Ethics Committee amendment

until the next Executive Board meeting.

Gifts and Gratuities Policy - continued

President Benson reported that after consultation with the general counsel, the Gifts

and Gratuities Policy would be changed, adding the following new language. (3) “ For the

purposes of this policy, the term “family” includes domestic partners as defined in the PEF/State Memorandum of Understanding Concerning Domestic Partnership for eligibility in the New York State Health Insurance Plan.”

President Benson then asked to remove the proposed policy from the table the policy, and

move it to include the new additional language. There was a second to the motion and it

carried. (See attached policy)

SECRETARY-TREASURER’S REPORT

Secretary-Treasurer Hallum announced that she wanted to address the member item “PEF

Policy Manual Online” stating it now could be done with new equipment that had been

purchased.

Regarding the other member item “Update of Criminal Charges Against Previous

Secretary-Treasurer”, Ms. Hallum reported the only information she had was there

was a trial date scheduled for December 9^th.

At this time Secretary-Treasurer Hallum went over procedures on how and why she solicits

budget amendments. She also spoke on the Division expenditures and the training

that has taken place to educate members on the procedures.

Ms. Hallum talked about problems maintaining accurate membership counts. She stated

it was not always very clear which Division someone belonged to, and she was working

with Division leaders on this issue.

Regarding the Convention, Ms. Hallum stated this is the convention whereupon the

delegates would be deciding their Executive Board constituencies and referred to the

PEF Constitution, “At each annual Convention held prior to the next regular election

of Executive Board’s representatives, the delegates representing each department must

prior to the close of that annual Convention present to the Secretary-Treasurer, their plan for the election of Executive Board representatives from their department.”

Secretary Hallum concluded her report and answered questions brought forth from the

members.

Executive Board Minutes

August 1 – 2, 2002

Page 6

Job Security Campaign 2002-2003

Vice President Pat Baker gave a report on the Job Security Campaign. She reported

of the one million dollars approved for 2001-2002, only $266,000 was spent. Ms. Baker

asked the Board to approve the $266,00 and also the $734,000 of unspent funding.

After questions were answered, the motion carried with a two-third vote.

Political Action Endorsements and Legislative Agenda

Vice President Brynien referred to the endorsements that were presented and he

asked if anyone felt there was a race that they wanted parceled out, there would be a separate debate and then a vote would be taken.

Mr. Brynien announced that Assembly seat 7, where it stated “no endorsement”

that was an open seat, and the regional recommendation was the same as the Statewide

PAC recommendation. In Assembly seat 113 – should read “no endorsement

until after the primary. Assembly seat 126 should read, “no endorsement until after

the primary”. Senate seat 32 there was an incumbent.

Assembly Endorsements

Joyce Degenhardt stated Assembly seats 141 an 142 should read, “no endorsement until

after the primary”. Robert Thomas reported Assembly seats 69 and 84 should read, “no

endorsement until after the primary”, and seat 84 there is an incumbent Carmen Arroyo

with no endorsement. Alan Schulkin stated Senate seat 21 should read, “no endorsement

until after the primary.” William Crotty announced Assembly seat 114 should read,

“no endorsement until after the primary.”

Mr. Brynien moved on behalf of the Statewide PAC to approve the endorsements to the

New York State Assembly with the exception of any race that anyone cares to discuss.

There was a second to the motion.

The following seats were pulled: Seat 22, 148, 114.

The motion to endorse all but the three seats in question carried.

Assembly seat 22 – Ron Goldstein suggested the body consider endorsing the winner in

the Democratic primary. The Board voted to endorse Barry Radenczyk 39 to 24.

Assembly seat 114 – the regional PAC recommended no endorsement until the primary,

and the Statewide PAC recommended endorsing incumbent Chris Ortloff. The motion

carried to make no endorsement until after the primary.

Assembly seat 148 – Dennis Beagle moved to accept the Statewide PAC Committee’s

recommendation to endorse Jim Hayes

Executive Board Minutes

August 1 – 2, 2002

Page 7

Political Action Endorsements and Legislative Agenda – continued

Senate Endorsements

Rosemary Rossi Williams stated she would like to discuss seat 55.

Jim Kersten brought up seat 61 for discussion.

Ron Goldstein brought up seat 15 for discussion.

Vice President Brynien moved that all seats with the exception of seats 55, 15 and 61 be

endorsed. The motion carried.

Senate seat 15 - The motion carried to endorse Serph Maltese.

Senate seat 55 – The motion to endorse James Alesi was defeated.

Senate seat 61 - The motion to endorse Mary Lou Rath carried.

House of Representatives

The following districts were set aside for discussion: 5, 19, 20 and 29.

Vice President Brynien moved to endorse the remaining sets in the House of Representatives

and the motion carried.

District 5 – Gary Ackerman – After discussion, Gary Ackerman was endorsed.

District 19 – After discussing the District, the motion carried to make no endorsement

in the 19^th district.

District 20 – John Sweeney – After discussion, John Sweeney was endorsed.

District 29 – Amo Houghton, Jr. – After discussion, the Board voted for no endorsement

in the 29^th District.

Comptroller – Mr. Brynien reported that the Statewide PAC voted for no endorsement

in this race until after the primary. The motion carried for no endorsement until after

the primary.

Legislative Agenda

Vice President Brynien gave background on the process in determining the Legislative Agenda.

He stated this year the Statewide PAC recommended no changes to the Legislative Agenda

and moved the agenda. The motion was seconded and the Legislative Agenda was adopted.

Rich Ensminger brought up the issue of teacher aides and Mr. Brynien stated that could be

addressed without changing the agenda.

Executive Board Minutes

August 1 – 2, 2002

Page 8

Division Guidelines

President Benson spoke on the process of developing the guidelines for Divisions and

asked the Division Committee to prepare a list. After review of the Executive Council

it was now ready for approval.

Region 4 Coordinator, Divisions Committee Chair presented the Division Council

Standards and moved for approval. (see attached)

Ron Goldstein on a point of order, wanted to know if this would be a policy. President

Benson responded that all of the Constitutional requirements were so noted and the

remainder were recommendations. After debating the issue, the Division Council

Standards were adopted.

Convention Update

Vice President, Convention Committee Chair, Joe Fox talked about the boycott notice

regarding the Adams’ Mark Hotel in Buffalo and what had transpired to eliminate a

potential problem with the property. He thanked Tom Grace and Region 1 Coordinator

Joyce Degenhardt for their help in resolving the issue of a picket line.

Direct Deposit Travel Vouchers

Pat Leanza wanted to bring this issue to the attention of all labor/management chairs and

asked them to bring this issue up, even though it had already been brought up to GOER.

Information Technology Staffing

Bill Sachs moved that the Secretary-Treasurer research, either through her office or via a

designated committee, the means available to expand information technology IT services

available within PEF. This research would explore the hiring of additional IT staff, part-

time IT staff including college interns, and outsourcing where permitted, for such services

as database management, website maintenance and help desk services for PEF staff. The

research results would be presented at the November meeting with the intention of

implementing these changes in the 2002-03 budget at our budget meeting to follow.

The motion was seconded. After debating the issue, Bernie Kahn moved to amend the motion,

to remove the phrase and the word [outsourcing] from the motion. There was a second to this

amendment and it was adopted. The main motion as amended also carried.

A moment of silence was observed to remember the thirty-four PEF members who were killed

On September 11, 200l.

The meeting recessed at 4:36 p.m.

Executive Board Minutes

August 1-2, 2002

Page 9

Gubernatorial Candidates Presentation

The Executive Board proceedings commenced at 8:45 a.m., Friday, August 2, 2002.

Members joined in the Pledge of Allegiance to the Flag.

Vice President Brynien went over the ground rules agreed to by both candidates.

There were six identical questions to be asked of each candidate and there were to be

no questions from the floor.

Vice President Brynien announced State Comptroller H. Carl McCall.

Mr. McCall addressed the Board and went over issues that he had supported for PEF

and answered the six questions presented to him. Mr. McCall gave a final statement

and asked for PEF’s support.

Regular/Triennial Election Committee Report

President Benson announced the Election Rules had previously been mailed and Ms. Vivian Street

was unable to attend the meeting. Paul Gendron, a member of the committee would be presenting

the report and answering question.

Mr.Gendron reported the committee had one meeting to make preliminary changes. He announced

the final election rules could not be complete until the final numbers were available. He then asked for approval of the rules and received a second.

Joyce Degenhardt moved to amend the rules, IX, to delete [or from the PEF website www.pef.org]

and received a second.

After debate the motion to delete the distribution of campaign petitions and other forms from the

website distribution was defeated.

After discussion on the rules, Secretary-Treasurer Hallum moved to amend the rules, to change,

“must be sent to PEF Headquarters P.O. Box 12414”, to “all mail concerning this election must be

sent to PEF Headquarters” and remove the address P. O. Box 12414.

Vice President Fox, on a point of order reported PEF does not have a mailbox out on the street and PEF does not have the means to receive mail at the desk, and we must continue to use the P. O. Box

number.

There was a suggestion by counsel that the Board interpret Post Office Box 12414 to mean also 1168-70 Troy Schenectady Road. This was so moved and seconded.

Bernie Kahn moved to amend the rules in section 9, that mail not be the only way to get delegate

petitions into PEF; that they similarly be allowed to be hand delivered to any PEF office. This

motion received a second.

Executive Board Minutes

August 1-2, 2002

Page 10

Regular/Triennial Election Committee Report – continued

Ms. Hallum rules that this motion was not germane to the motion on the floor. Mr. Kahn challenged the ruling of the chair and the chair was sustained.

After much discussion on the issue of the address, Ms. Hallum withdrew her motion and stated this

was a draft copy of the rules, and the committee would redress the issue.

Many questions were raised regarding the Communicator format, the time ballots must be received,

the hand delivery of the petitions to local PEF offices.

Mike DelPiano moved that committee look into the ability to turn in petitions at local PEF offices

where they could be stamped and overnighted to big PEF. There was a second to this motion.

After discussion on the issue, the motion carried.

Lenny Mangano called the question on the issue before the house, receive a second and debate was closed.

The motion carried to have refer to the committee within their review with instructions to review hand delivery to any PEF regional office of petitions and documents for the election.

The Executive Board recessed at 10:30 a.m.

The Executive Board reconvened at 11:00 a.m.

Gubernatorial Candidates Presentation

Vice President Brynien introduced Governor George Pataki.

Mr. Pataki addressed the Board and went over issues he supported, answered the six questions

presented and gave a final statement thanking everyone for the chance to address the Board. He asked for PEF’s support.

The meeting recessed at 11:55 a.m.

The Board reconvened at 1:00 p.m.

Mr. Brynien announced that the Statewide PAC was recommending the endorsement of George

Pataki for Governor. There was a second to the motion.

After much debate on the motion, David Stallone called the question, received a second and debate

was closed.

A request for a roll call was made, and received the one-third necessary to proceed. The motion to

endorse carried, 72 yes, 30 no, and 5 abstentions. (see attached)

Executive Board Minutes

August 1-2, 2002

Page 11

Wayne Bayer moved that nothing be done on announcing the decision of this motion until after the Convention and received a second.

After a few comments, Bernie Kahn moved to adjourn, received a second and the meeting

adjourned at 1:45 p.m., Friday, August 2, 2002.

Respectfully submitted,

Jane Hallum

Secretary-Treasurer

Attach.

The minutes were adopted as printed on November 21, 2002