Executive Board Meeting
President Benson called the
meeting to order at
Flag. Newly elected member Gene Greco was sworn in representing
Tax and Finance.
APPROVAL OF THE AGENDA
President Benson announced modifications to the agenda, first to hear
a brief presentation on the Division 285 Grievance Appeal and then to
vote whether to hear
the appeal.
Also, under the President’s report, item, 5 (c) would be address under 5 (a)
and with the Board’s approval to show a video presentation regarding
Wal-Mart organizing.
There was no opposition to the changes and the agenda was adopted as follows:
1. Call 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/PEF Challenges and Contract Campaign
b) Article 12.17 and Transit Chek Update
c) Job Security Campaign
d) State Budget Review
e) EOL status
f) Executive Session – Division Department
g) Wal-Mart Video
7. Secretary-Treasurer’s Report
a) Budget Review
b) IT Update Report
c) PEF Website Privacy Policy
Executive Board Minutes
Page 2
APPROVAL OF AGENDA – continued
a) Regular/Triennial Election (Thursday after lunch)
b) Division 265 Grievance Appeal (Thursday afternoon)
c) Convention Future Sites Update (Thursday afternoon)
d) Ethics Amendment
a) Convention Resolutions 10, 12 and 13 – Sachs
b) Separate SED from SUNY – Sachs – Morgenstern
1. Division Structure SUNY – Morgenstern
c) Increase Division Supplement for single room – Sachs
d) Apportionment Process Appeal – Morgenstern
e) Postpone Steward Election Division 177 – Kelefant
f) Press Clips – Steen
g) Use of title “Chair, Committee on Ethics and Responsibility” in
External Communication Unrelated to the Legitimate business of
The Ethics Committee - Steen
Michael DelPiano thanked everyone for their financial support for PEF member, Ted Fox, who was injured in an accident where a bridge under construction had collapsed.
APPROVAL OF THE MINUTES
A motion to approve the minutes was made, seconded and carried. Minutes from the
Brief Report on Division 285 Division Appeal
David Stallone, Chair of the Division Committee briefly
described the issue. The grievant was
appealing that the case should not have been referred to the Ethics Committee,
but should have been determined by the Division Committee.
A vote to hear the appeal was defeated.
Cell Phone discussion
President Benson asked whether the Board wanted to consider imposing a fine on cell phones that go off during the meeting. He stated this was routine procedure in many other organizations including both International Executive Boards that he was a member thereof.
Executive Board Minutes
Page 3
Cell Phone discussion - continued
President Benson moved for a $10.00 fine to go into PEF’s charity fund.
Ron Goldstein moved to amend the motion that the fine be $5.00, and the charity be determined at the beginning of each meeting. There was a second to the amendment.
After discussing the issue, Bob Thomas called the question. Debate was closed.
The amendment to reduce the fine to $5.00 and have the Board determine at the beginning of each meeting the charity to receive the money was defeated.
The main motion that a $10.00 fine be contributed to the PEF charitable fund was also defeated.
PRESIDENT’S REPORT
President Benson thanked every Regional Coordinator,
Regional PAC Chair, and Executive Board member that was actively involved in
PEF’s grassroots political campaign; thanked Ross Aaronson, statewide Health
and Safety on the outstanding evacuation training program that is being presented
all over the state, Vice President Pat Baker for her leadership in putting
together the Ground Zero Recognition event in New York City, Vice President Joe
Fox on his involvement in dealing with Civil Service issues; Vice President Brynien for taking on the responsibility as Contract Chair;
Jennifer Faucher for making recommendations to the
President on training. David Stallone for his work on
Division standards, Usher Piller for leading his
division in NYC regarding a worksite relocation and Jemma
Marie Hanson, council Leader at
President Benson introduced Matt Watson, working in the Legislative Office and Josephine Rice, the Labor Management recorder.
President Benson reported on the past elections and their meaning on behalf of PEF; he also spoke on retirement incentives; the state budget; PEF’s Contract three top priorities; no zeros, no major health insurance concessions and thirteen days. President Benson also announced the deputy lead negotiator, long term AFT and NYSUT staff person, Tony Wildman, who was going to be with us as a contribution from AFT. There was also discussion on the Transitchek issue.
President Benson answered questions on all the topics he had discussed in his report.
Executive Board Minutes
Page 4
Job Security Campaign Committee Report
Vice President Baker gave an update on the campaign, and stated that this campaign would be done in two phases; the committee was developing the media portion of the campaign which she reported would begin the second week of December Phase two would begin when the budget was released and job security targets were identified to include measures that could be used to enhance tax revenue. Ms. Baker answered questions on the committee report. Charlie Kelefant moved to move the agenda, received a second, and the Job Security Campaign report was concluded.
State Budget Review
Tom Cetrino, Director of Research gave a slide presentation on the State Budget and gave his opinion and also answered questions on his presentation.
Meeting recessed at
Proceedings resumed at
President Benson called the meeting back to order. A video was shown regarding Wal-Mart and their anti union propaganda. Mike Keean gave an overview on this and asked for everyones support in the rally scheduled later in the afternoon.
Triennial Election Rules
Dennis Beagle moved to amend, under the Nominating and Campaign procedures, to read, “It is the candidate’s responsibility to make sure that nominating petitions are submitted on time to any PEF office and to delete the rest of the paragraph. There was a second to this amendment.
Neila Cardus moved for a substitute amendment, to read, “It is the candidates responsibility to make sure that nominating petitions are submitted in a timely fashion to the regional office or the central office. Such petitions in all 12 locations shall be electronically date and time stamped. In all regional offices, these stamped, time-dated petitions shall be secured in a locked-box device. At Headquarters, an Election Committee member will be present with the staff assigned as petitions are filed. At a set time each day in the regional offices, contents of these locked boxes will be overnighted with a receipt to the Elections Committee at the central office. There was a second to this amendment to the amendment.
Executive Board Minutes
Page 5
Triennial Election Rules - continued
After several comments, Mike DelPiano called the question, and received a second.
(The intent of this motion is: the outside courier arrives, has the only key, opens the box, removes the contents, and then leaves the building. NO PEF staff, no PEF elected officials are involved in that process and therefore, no committee person would be necessary.)
For the record, Joe Lewis questioned, should this pass, who is in charge now of setting up all these rules, Regional Coordinators, Election Committee???
President Benson responded, this motion with the clarification, intent of the motion, would be implemented by the Election Committee. President Benson also stated there would be written guidelines developed by the Committee that would be distributed to all Board members and all candidates.
After much discussion, the substitute motion by Ms. Cardus was adopted.
Dan Steen moved to amend the election rules, to add a new section to the rules, “Campaign Finance” XII “PEF will reimburse each certified independent candidate or slate of candidates for statewide office, certified candidate for Regional Coordinator, or certified candidate for the Executive Board, an amount not to exceed the cost of one first class postage stamp for each member eligible to vote in the constituency for that office.
Reimbursement will be made for actual cost incurred. No reimbursement will be made for any expense other than postage. Requests for reimbursement must be filed on appropriate forms provided by the Elections Committee and must include documentation of expenses incurred including a copy of the mailing.”
“Any request for reimbursement must either be paid or the submitter notified in writing of the specific reasons for nonpayment within 60 days of submittal. Candidates or slates that are eligible for reimbursement must be given a reasonable opportunity to correct incomplete submissions. All requests for reimbursement must be received in hand by the Elections Committee within 30 calendar days of the last date of the balloting period for the race. Only mailings done in contested races are eligible for reimbursement. Any mailing for which postage reimbursement will be sought must have included the statement, Postage to be paid in full or in part by PEF campaign finance funds.”
There was a response of second the motion.
After consulting with General Counsel, it was announced that the motion was illegal, as Federal Election Law prohibits reimbursing any candidate for a union election with union funds, and therefore the amendment was ruled out of order.
Executive Board Minutes
Page 6
Triennial Election Rules -continued
Charlie Kelefant, on a point or order stated, “ on the previous question, we voted to substitute Mr. Beagle’s amendment with Ms. Cardus’s . Are we suppose to vote now to add that new amendment to the main motion of the election rules.?”
President Benson responded, “the Chair ruled that when we passed Ms. Cardus’s substitute, we amended the election rules in that section. He sated at some point we will be voting on the entire set of election rules.
Mr. Kelefant asked if a motion to delete Ms. Cardus’s amendment would be in order, and President Benson responded that such a motion would be in order, but not at this moment.
Mike Keenan moved to amend the rules, under the Candidate Directory and Information Sheet – to add: “The candidate’s statement shall be camera ready, full page, for all candidates running for President and Secretary-Treasurer” A half page for all other candidates. The second change would be on the top of page 4, “All certified candidates will receive information – add, “That the mailing label request form for certified candidates include the following costs: 0 – 1,000, $25.00; 1001 – 3000, $50.00; 3001 – 10,000, $75.00; 10,001 to 20,000, $100.00; 20,001 to 55,000, $180.00. Mike deferred to the committee to come up with the proper cost . There was a second to Mr. Keenan’s motion.
With the approval of the Board, the chair added, “a candidate statement that is either camera ready or in electronic format.
After considerable debate, Al Visconti called the question, received a seconded, and debate was closed.
The maker of the motion said it would be his intent that the statements would only be mailed to specific constituencies.
The first part of Mr. Keenan’s amendment was defeated. The second part of Mr. Keenan’s motion to set the prices carried.
The main motion as amended carried and the Election rules were adopted.
The meeting recessed at
Proceedings resumed at
Executive Board Minutes
Page 7
President Benson called the meeting to order and members joined in the Pledge of Allegiance to the Flag. President Benson reviewed the agenda and moved for adoption of the order of business, received a seconded and the agenda carried.
Al Visconti moved for reconsideration of the Election rules. There was a second to his motion and it was defeated.
Convention Future Sites
Vice President and Convention Committee Chair Joe Fox announced that the sites for 2005 and 2006 would be considered at the March Executive Board meeting and announced locations that we had already received bids on.
He asked the Board to e-mail him and call him for
suggestions. Bill Sachs moved that the
Convention Committee explore future sites in
EOL Status
Bob Carrothers, Director of Contract Administration gave an update on the EOL process
and emphasized the necessity of minimum three week notice for meetings. He referred to the handout indicating status of the restoration of time. After discussion on this issue, Dollie Williams made a motion to move the agenda, seconded and carried. Bob Carrothers gave a brief report on title challenges.
Executive Board went into Executive Session to discuss the Divisions Department.
Neila Cardus moved the following resolution, “Resolution in Support of Justice for Janitors Campaign at Department of Labor”
Whereas, cleaners at the New York State Office Campus Building 12 (Department of Labor) employed by Pegasus Cleaning Corporation have indicated overwhelming support for joining Service Employees International Union (SEIU) Local 200 United; and
Whereas, these workers are paid substandard wages; and
Whereas, these workers have been intimidated by Pegasus
management and polled as to their level of support for the
Whereas, the Office of General Services (OGS) and the Department of Labor (DOL) has prohibited SEIU 200 United representatives from talking to cleaners on their breaks, and
Whereas,
Executive Board Minutes
Page 8
Resolution - continued
Be It Hereby Resolved, that New York State Public Employees Federation supports cleaners at the Department of Labor joining Service Employees International Union (SEIU) Local 200 United.
There was a second to this resolution, and it carried unanimous.
SECRETARY-TREASURER’S REPORT
Secretary Treasurer Hallum referred to the financial documents included in the kit and stated there were a couple categories that were over the 10 percent. She stated that
Payroll taxes were over as there was a substantial increase in Worker’s Comp. She stated
there was 52,000 more in income, and forty-seven five could be moved to the payroll tax line.
She reported Outside Legal fees were over the 10 per cent line, and 4500 for outside legal fees could be taken from the 52,000 additional income.
Ms. Hallum moved these two budget amendments, received a second and the budget amendments were adopted.
Income Statement Report
Jane referred to the PAC contributions report and stated there was a correction and the total should be $263,173.
Negus Trust Account
Ms. Hallum stated this account was now going to be closed as both children had reached the age of 24. William Negus was paid $10,950 for education and David Negus was paid $7,736.93 for his education. This was so moved, seconded and carried closing out the Negus Account..
401K
Jane explained and in order to be in compliance with the IRS, two resolutions had to be adopted. They were the same text, one for USWA and one for MC employees of PEF.
Executive Board Minutes
Page 9
401 – continued
“ Therefore be it resolved that the Plan as amended and stated in substantially the form presented to the meeting, as the Fidelity CORPORATE plan for Retirement 100, effective as of the effective date contained in such amended and restated Plan document, is hereby adopted; and
Further Resolved, that the appropriate officers of PEF are hereby authorized and directed to take any such action necessary or appropriate to effectuate these resolutions, including but not limited to, executing the amended and restated Plan on behalf of PEF, and obtaining a favorable determination letter from the Internal Revenue Service regarding the Plan, as amended and restated.”
Secretary-Treasurer Hallum moved the resolutions, received a second, and they were adopted.
IT Update
Director of MIS, Angelo Santabarbara gave an brief overview of where MIS is currently
and what the plans for the future were. Mr. Santabarbara answered questions presented by the members.,
Bill Sachs moved for a strong recommendation that in next years budget to add a full-time MIS person to the MIS Department, and received a second.
Mr. Sachs motion was ruled out of order as he spoke at the end of the motion
Ron Goldstein moved to add an item to the MIS Department as soon as humanly possible to data processing in this year’s budget. There was a second to the motion. After debating the issue, the motion failed.
PEF Website Privacy Policy
Angelo stated he had worked with the Legal Department and together the came up with a privacy policy Secretary-Treasurer Hallum moved the Privacy Policy, received a second and the policy was adopted. (See attached)
Ethics Amendment
Priscilla Sweet, Chair of the Ethics Committee brought forth two amendments; one to the Grievance Form and one to the Code of Ethics. These amendments were technical and would bring the forms in compliance with each other.
The first amendment was to the Ethics Grievance Form, to delete “within 60 days of occurrence” and replace with “no later than 60 days after the charging party discovers the alleged violation”
Executive Board Minutes
Page 10
Ethics Amendments - continued
The second amendment was to the Code of Ethics to add a sentence. “In the event the document is undelivered or refused, the 20 day time frame to respond shall begin on the date the document is returned to PEF by the post office. The amendments received a second.
Mike Keenan moved to amend the Code of Ethics to comply. He received a second and the amendment was defeated.
Both amendments as presented by Ms. Sweet were adopted. (See attached)
Member Items
Convention Resolutions 10 12 and 13
Bill Sachs moved that PEF Convention Resolutions 10, 12 and 13 be referred to the Constitution and ByLaws Committee, received a second and the resolutions were referred.
Separate SED from SUNY
Donald Morgenstern moved to recommend to the President that he appoint a committee to look at E-Board representation. There was a second to the motion.
Jeff Janiszewski moved for a substitute motion that the committee only look into SUNY and SED representation. There was a second to the substitute motion.
After debate, all matters before the house were called, seconded and debate was closed.
The substitute motion to include only SUNY and SED failed.
The original motion that the Board recommend to the President to appoint a committee to look at E-Board representation carried.
Division Structure SUNY
Donald Morgenstern moved that the Board recommend to the President to appoint a committee to look at the Division representation. This motion received a second.
After discussion, Mike Keenan moved for a substitute motion that the President appoint a committee to study, analyze, PEF structure and make recommendations. The motion was seconded.
Dee Dodson moved to amend the substitute motion that the President charge the existing Divisions Committee to take a look at the Division structure and make a recommendation.
Executive Board Minutes
November 21 -22, 2002
Page 11
Division Structure SUNY - continued
After considerable discussion all matters before the house were called, second and carried. Debate was closed.
The amendment that the Board recommend to the President that the Divisions Committee look at the Division structure was defeated.
The substitute motion that the Executive Board recommend to the President that a committee be appointed to look at PEF structure and make recommendations to the Executive Board also failed.
The main motion that recommends to the President to appoint a committee to look at Division structure also failed.
Increase Division Supplement for Single Rooms
Bill Sachs moved that the fiscal policy regarding Division expenses be modified as follows concerning expenditures for the PEF Convention (a) that the delegate supplement be increased to a maximum of $150 and (b) that Division funds be used to pay for single room supplements. There was a second to the motion.
After debating the issue, Jeff Janiszewski moved to amend the motion that the Divisions be empowered to offer up to $150 if they choose to reimburse the cost of a single room for their delegates. There was a second to the amendment.
All matters were called, second and debate was closed.
The amendment to the main motion to empower the Divisions to offer up to $150 for reimbursement of a single room was defeated.
The main motion to supplement be increased $150.00 was also defeated.
The motion that would permit Divisions to supplement a single room supplement paid for by the delegates Division was also defeated.
Apportionment Process Appeal
Don Morgenstern moved that the Board request that the President ask the ByLaws Committee to recommend an apportionment appeals process. The motion received a second and after debating the issue, the motion was defeated.
Executive Board Minutes
Page 12
Postpone Steward Election Division 177
Charlie Kelefant stated he had spoken with Secretary-Treasurer Hallum who informed him that the Federal Labor Law prohibits a Steward’s term from exceeding three years under any circumstances so the request was withdrawn.
Press Clips
Dan Steen moved the following: Distribution of news clips in the general mailings to the Executive Board is a time-honored means of providing information to PEF’s leadership about issues of importance to PEF’s agenda. While the President and his/her designee has wide latitude in selecting materials for inclusion in the news clips, all articles in which PEF officers, Executive Board members, Stewards, Division officers or staff are quoted and must be included. Such articles must be included in the news clip package sent in the next general mailing conducted by the PEF distribution system after PEF comes into possession of an article. For the purposes of this policy, letters to the editor will be considered articles. Articles pertaining to internal elections or caucuses will not be included in the news clips. There was a second to the motion.
After discussion, Lou Matrazzo moved to amend the motion that the person should notify PEF central to include the article in the mailing. This amendment was seconded and defeated. The main motion by Mr. Steen was also defeated.
Use of title “Chair” in External Communications
Dan Steen moved the following: The title as Chairperson or Member of the Committee on Ethics and Responsibility must not be used to sign any correspondence not directly related to the business of the committee. There was a response of second.
Mike Keenan moved to amend the motion that it be the titled Chair or member of any PEF committee. This amendment was seconded.
All matters before the house were called, seconded and carried. Debate was closed.
The amendment to the motion to include all Chairs or members of any PEF committee carried. The main motion as amended was adopted. (See attached policy)
The meeting adjourned at
Respectfully submitted.
Jane Hallum
Secretary-Treasurer
Approved as printed -