Executive Board Minutes

November 20-21, 2003

Desmond Hotel

Albany, New York

President Benson called the meeting to order at 9:00 a.m., Thursday, November 20, 2003.  Members joined in the Pledge of Allegiance to the Flag.  The following members were sworn in:  Michael DelPiano, Region 6 Coordinator; Don Kehoskie, Region 4 Coordinator.  Also sworn in were  Marianne Albamont representing OMH; Ed Lucas representing DOT; Barbara Rock representing OMH; and Rosemary Rossi Williams representing OMH. After lunch  Minerva Osorio representing Parole and Dave Emig representing SUNY Downstate were also sworn in.

ADOPTION OF THE AGENDA

President Benson announced that the PAC report would be addressed as item 7C and also stated the Angela Batorsky appeal was withdrawn.

Ron Goldstein moved to address the transit check issue under the President’s report.  The item was seconded and it carried.

Bill Sachs asked to add discussion for political action support for hires of 55C disabled veterans.  This amendment was seconded and carried.

The agenda was adopted as amended:

Call Meeting to Order

Pledge of Allegiance to the Flag

Swear in New Board Members

Adoption of the Agenda

Adoption of the Minutes

Motion to Hear Appeals

Executive Board Minutes

November 20-21, 2003

Page 2

President’s Report

   Priorities Update

   Contract Update

   Pre-Tax Transportation Program

   Push Bush Campaign Update – video, PEF Involvement and Endorsement

   Article 12.17 Arbitration and Analysis

   State Budget Status

   OCFS Layoff Threat

Secretary Treasurer’s Report

   Budget Amendment

Committee Reports

   Special Election Committee Report

   Triennial Election Committee Appeals

       Case 03-18 – James Close

       Cases 03-13 and 03-09 -0 Carlton Wells

    Division Committee Report

        Division 190 Financial Trusteeship Appeal (postponed)

        Approval of Montrose Veteran’s Home Division

    Ethics Committee Report

         ERC – 2003-05 – Elumn vs. Triennial Election Committee

         ERC – 2003-06 – Ed Ryan vs. Trustees

   Member Items

         PAAEC Amendment – Keenan

         Clarifying Division Cash on Hand

         Political Action 55c – Disabled Veterans

President Benson introduced Piper Lutbak as the Sergeant at Arms.

ADOPTION OF THE MINUTES

A motion to adopt the August 2003 Board minutes was seconded.  Ron Goldstein asked that the minutes reflect that the transit check issue was discussed under the President’s Report. The minutes were adopted with the one correction.

MOTION TO HEAR APPEALS

Triennial Election Appeal 03-08 James Close – Board not to hear

Triennial Election Appeal 03-12 and 03-09 – Board to hear both cases

Ethics Appeal 2003-05 – Elumn vs. Triennial Election Committee – Board to hear

Ethics Appeal 2003-06 – Ed Ryan vs. Trustees – Board to hear

Executive Board Minutes

November 20-21, 2003

Page 3

PRESIDENT’S REPORT

President Benson reported on the attack on state employees’ pension fund and stated the blame falls on Medicaid costs and corporate greed not on the unions.

He also reported on three agencies that are having concerns, a transformation in DOT that could have significant negative effects on members, as the transformation raises the risk of more contracting out.  This issue is being monitored by the Labor Management committee very closely. Mr. Benson reported that OMH is another agency that has concerns regarding the closing of facilities and that the Division of Parole and the Department of Corrections have issues regarding the elimination of Parole and the cost to Corrections to keep felons incarcerated.

President Benson reported that we had dropped our profile in some areas of the “Cut State Waste Program” that reflects negatively on the Governor’s Office, while trying to negotiate our contract.  We were however continuing to collect post cards and making information available on the website.  President Benson stated, if the contract was not settled early in the new year, PEF would be back on a high profile with Cutting the State Waste Program.

President Benson concluded his portion of the report by announcing we had hired two new political organizers that would be able to move members into lobbying and move members into grass roots campaigns.

Contract Negotiations

Vice President and Contract Chair Ken Brynien, gave an update on what has been transpiring with Contract negotiations and reported the state was more willing to negotiate at this time.  Both,  Director of Labor Relations Roger Scales and  Director of Contract Administration Bob  Carrothers also gave updates and proceeded to answer questions brought forth by the Executive Board members

Article 12.17 Arbitration Report and Analysis

Counsel Elizabeth Hough gave an overview of Arbitrator Denenberg’s decision regarding Article 12.17 and together with General Counsel Seamon, answered questions regarding the decision.

Both Regional Coordinators Jemma Marie Hansen and Jennifer Faucher announced to the Executive Board that Board member Patricia Wilson was very ill and asked that well wishes  be sent her way.  (Ms. Wilson has since passed on)

 Meeting recessed for lunch

Executive Board Minutes

November 20 – 21, 2003

Page 4

Meeting Reconvened

President Benson called the meeting back to order.

Push Bush Campaign Update

A video debate was presented featuring Governor George Bush against President George Bush that highlighted his flip-flopping on important policy issues that our President deals with everyday.

President Benson briefly explained that SEIU began a program of identifying battle ground states where elections would be close and put together a proposal to target those areas.  Mr. Benson then introduced J. J. Johnson, International field representative from SEIU who described in great detail, along with presenting a power point plan on the SEIU national program to, Push Bush Out the Door in 2004.  He explained the goal was to win the White House for us and our families.

President Benson introduced PEF Political Organizer, Matt Watson who proceeded to explain the PEF/SEIU plan that was put together and shared with the Executive Council.  President Benson and Director of Legislation, Brian Curran answered questions presented by Board members regarding the plan.  The concept of this plan was voted on and accepted by the Executive Board.

Presidential Endorsement before March Primary

Vice  President Ken Brynien explained that the Statewide PAC is charged with making recommendations to the Executive Board regarding all endorsements

and stated that if this union wanted to play a role in the Presidential Primary we needed to make a decision today.  He reported that the Statewide PAC recommended that the Board endorse Dr. Howard Dean, and so moved for the endorsement.  The motion received a second.

Wayne Bayer moved to postpone the decision  to the next meeting and received a second.  The motion to postpone failed.

Ron Goldstein, on a point of order, asked if it would be a two-thirds vote.

After debating the issue, the Executive Board endorsed Dr. Howard Dean in the March primary with more than a two-thirds vote.

Executive Board Minutes

November 20-21, 2003

Page 5

State Budget Status

Director of Civil Service Enforcement, Tom Cetrino gave an update as to the

status of the State Budget regarding the Legislature and the Division of Budget and spoke on corporate loopholes that could be closed.  Mr. Cetrino answered questions from the Board members and concluded his report.

OCFS Layoff Threat

President Benson reported on the seriousness of this threat, as DOB and OFCS had reported that the numbers were currently down in the facilities and stated that the problem with this is when they close a facility and the numbers cycle back up the facilities will not be there.  There was considerable discussion on this

issue and President Benson stated he was going to consult with the Secretary Treasurer regarding funding to prevent layoffs.

SECRETARY-TREASURER’S REPORT

Secretary-Treasurer Hallum reported that after many interviews, a Director of Finance, Graham Goffin, had been hired.  Also, Ms. Hallum  reported that PEF is currently working on the retirees situation of offering one year membership to get people to join the retirees organization.

Ms. Hallum stated she had a request from Mike Keenan to change the recently adopted board policy on “PEF Colors” to “Guidelines for PEF Logo” and to have it under the Division section of the policy manual.  There was no objection to this.

She also stated Mike Keenan was successful in obtaining the required signatures at the Convention to place a constitutional amendment at next year’s convention to change the petitioning requirements to five percent.

Regarding EOL that has not been restored, Ms. Hallum stated there were seven days of EOL that had been denied by GOER. She moved that the Board authorize payment for the individuals with submission of the proper documentation.  The motion was seconded and carried.

A motion to go into Executive Session was seconded and carried.

Executive Session concluded

Executive Board Minutes

November 20-21, 2003

Page 6

Budget Amendment

Neila Cardus moved for adoption of the budget amendment creating a new Field Services Director positions for Regions 9, 7 and 5.  The funding to come from the savings in the hiring rate of the Director of Finance in the amount of $32,687 and $35,418 from the savings from the Triennial Election Committee.  The motion was seconded and carried.

Meeting recessed at approximately 4:50 p.m.

President Benson called the meeting back to order Friday, November 21, and members joined in the Pledge of Allegiance to the Flag.

Retiree Representative Cal Thayer wanted  the record to show that PEF  opposes the current Medicaid legislation.

President Benson suggested a motion that PEF go on record as opposed to the current Medicaid prescription drug legislation and that PEF take all steps to notify the membership and Congressional representatives, and that we communicate with our retirees and ask them to communicate with AARP.  This was so moved by Mike Keenan, seconded and carried.

Craig Speers brought up the issue of Free Trade for the Americas and asked that we go on record as opposed to this and contact the Congressional representatives

as to our opposition.  This was agreed to by the Board.

President Benson asked for a special order of business regarding support for OFCS.  There was no opposition.

Special Order of Business

A motion was made and seconded that the Executive Board appropriate $150,000 from the contingency fund in support of the OCFS fight-back efforts over the next four or five months and that money be spent in public relations and mobilization.

After several members speaking on the issue, the motion carried unanimously to appropriate $150,000 from the contingency fund to support the OCFS fight-back effort.

Executive Board Minutes

November 20-21, 2003

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Special Election Committee Rules

President Benson referred to the proposed rules that were included in the Board kit that would handle interim elections between now and 2006.  The proposed rules were moved and seconded.

Mike Keenan moved to amend the rules to include the following language under section  IX.  “It shall be the responsibility of the PEF Elections Committee members to personally watch the ballot counting process and visually review the election. A candidate or designated representative shall also be able to watch the ballot counting process as well as review the return ballot envelopes and appropriate constituency list.  This amendment was seconded and after debate, was adopted.  (The intent was to have one committee member available to watch the count.)

Secretary-Treasurer Hallum moved to amend the proposed rules, under  I. Term of Office to delete July 31, 2006 and insert “the next regular election.”  This amendment was seconded and adopted.

Secretary-Treasurer Hallum moved to amend the proposed rules to include in Article VIII, “Any member can view anybody’s petition upon reasonable request to the Election Committee. This amendment was seconded and carried.

Bernie Kahn moved to amend the proposed rules to change under Article VIII,

fourth paragraph on page 3, to delete the word “only” and add the phrase “or any regional office”.  This amendment was seconded.

Joe Lewis moved to amend the amendment to insert the language, “that the Elections Committee accept any petition that arrives in PEF Headquarters on time or any mailing post marked in a timely fashion.”  There was a second to the amendment.

After considerable debate, Mike Keenan moved to postpone the issue until after lunch, to allow concerned members time to review the process.  This motion was seconded and carried.

Executive Board Minutes

November 20-21, 2003

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Triennial Election Committee Appeals

Carlton Wells Cases 03-12 and 03-09

Donald Kehoskie, representing the Election Committee, explained the issue in case 03-12 of an invalid signature on the nominating petition of Robert Thomas.  The question was if the signature was legible and the committee ruled that it was legible, therefore allowing the number of signatures on the ballot.  Mr. Wells was grieving the committee’s decision that the signature was legible.

No one spoke in favor of overturning the committee’s decision.  After answering questions the motion to uphold the committee’s decision carried.

Case 03-09 -  Mr. Kehoski stated this grievance concerned the number of signatures required to be a certified candidate for Executive Board seat 160.

An error was published in the Communicator indicating the number of signatures required.  Subsequent to that, an errata was published in the following edition of the Communicator with the correct amount and errata sheets were also available at all regional offices.  Mr. Wells grievance was that he only saw the first

publication of the Communicator and was not aware of the changes and failed to get the number of required signatures.  The grievant asked that the committee’s decision be overturned.  The committee’s decision was that there was  sufficient information available at various locations and in a timely manner.

After questions were answered, the committee’s decision was upheld.

Approval of Montrose Veterans Home Division

Frank Besser, Chair of the Division Committee moved that this Division be established as thirty percent of the membership had signed to form the division.

The was so moved, seconded and carried.

Clarifying Division Cash on Hand

Frank Besser reported that the Division Committee had decided to make an amendment to the Division Policy in the Policy Manual to clarify that the per cap maximum would be the sum of the previous four quarter payments.  The decision was so moved, by Ronald Goldstein, seconded and carried.

Ron Goldstein requested that the division treasurer’s receive written notification of what the max was.  There was no objection to adding this to the policy amendment.

Executive Board Minutes

November 20-21, 2003

Page 9

PAAEC Amendment

Mike Keenan moved to amend the PAC Advisory Committee Rules, to allow each nominated candidate to address the Executive Board for up to two minutes on his or her qualifications and interest to serve on the PAC Advisory Committee.

There was a second to the amendment and it carried.

55c Disable Veterans

Bill Sachs moved that the PEF Political Action Committee leadership work with the PEF Veterans Committee to lobby and otherwise pressure the Governor and Division of Budget to approve the hiring of Disabled Veterans under the 55c Statute provisions regarding such hires.  This motion was seconded and carried.

Information Regarding Mutual Fund Oversight as it Relates to Deferred  Compensation, Retirement Funds and Pension Funds

Marty O’Connor Executive Deputy to the President  reported that the Attorney General and the Securities Exchange Commission were investigating several mutual funds.  He gave a detailed overview on all of the issues above.  It was suggested that PEF attempt to be present at the Deferred Compensation Board meetings and take action to get compensation for our members for any excess charges that were incurred as a result of multiple trades.

Special Elections Committee Report – continued

President Benson reported that both Bernie Kahn and Joe Lewis withdrew their motions that had previously been made regarding petition delivery.

Mike Keenan moved the following:  “Petitions may be mailed or faxed to PEF Headquarters or hand delivered to any appropriate PEF regional office.  Hand delivered petitions shall be faxed by the regional office to PEF Headquarters upon receipt, and will be subsequently mailed to PEF Headquarters.  Petitions mailed or faxed by a candidate must be postmarked or fax dated by the petitioning deadline and subsequently received by PEF Headquarters within seven days of the deadline of the petitioning period.”  There was a second to this amendment.

After debating the amendment, the motion carried.

Joe Lewis asked for another amendment to the Special Rules to include, “Any member shall be allowed to review nomination petitions within two hours of arriving at PEF Headquarters and notifying the committee of their intent to review petitions. There was a second to this amendment.

Executive Board Minutes

November 20-21, 2003

Page 10

Special Election Rules - continued

Al Visconti moved to amend the amendment to insert the words “or staff” after committee.  This amendment to the amendment carried. 

Mr. Lewis’s amendment also carried. 

Jeff Janiszewski moved to amend the rules to include the words  “or scanned and e-mailed”, after the word faxed in the main amendment.  This was seconded and carried.

Bob Varano moved to amend the rules Under III, As impartial, all candidates  are responsible for current and accurate information as it regards their individual races, i.e. constituency rosters, signatures needed, etc.  (this to be a disclaimer)

There was a second to the motion, and after debating the issue, the motion failed.

The Special Election Rules were adopted as amended.  (attach)

Ron Goldstein brought up an issue regarding the Division being at their maximum and moved that, if a division is temporarily at the maximum that they are allowed to have in a bank account that a retroactive payment will be made when they fall behind… There was a second to the motion

After debate on the issue, Ron Goldstein withdrew his motion.

Ethics Appeals

2003-05 – Elumn vs. Triennial Elections Committee

A motion carried to allow oral arguments.

Priscilla Sweet, Chair of the Ethics Committee stated the committee ruled on all of Mr. Elumn’s charges and agreed with four out of the five charges against the Election Committee, ruling that they acted improperly.

Mr. Donald Kehoskie, representing the Election Committee presented his views on the case.

After debating this case, the Board overturned the Ethics Committee’ decision

21 to 36.

Executive Board Minutes

November 20-21, 2003

Page 11

Case 2003-06 – Ed Ryan vs. Trustees

A motion carried to allow oral arguments.

Priscilla Sweet, Chair of the Ethics Committee stated the committee ruled that all of the officers from a particular division had a  responsibility to the members to follow the rules whether they knew about them or not, and Mr. Ryan acted improperly. 

Mr. Ryan presented his view of the case.  After debate, a motion carried to overturn the Ethics Committee’s decision in this case.

The meeting adjourned at 2:50 p.m.

Respectfully submitted,

Jane Hallum

Secretary-Treasurer

Attach.