Executive Board Minutes
August 12-13, 2004
NYSUT
Latham, New York
President Benson called the meeting to order at 9:25 a.m., Thursday, August 12, 2004. Members joined in the Pledge of Allegiance to the Flag. Janice Gallagher representing OMH was sworn in.
APPROVAL OF THE AGENDA
President Benson announced Senate Democratic leader David Paterson may, if his schedule permits, due to the budget vote, address the board. He also stated that item 9.(c) was withdrawn at this time at the request of Region 9 Coordinator, and that he would discuss the Parole fragmentation under the President’s report.
Ron Goldstein moved to have the PEF retirees item addressed under the Secretary-Treasurer’s report. There was a second to the motion and it failed.
The agenda was adopted as follows:
a) Priorities/Parole Update
b) Legislative Update
c) Push Bush
d) County of Oswego Contract Extender
e) Professional Conduct Policy
f) Pre-tax transportation
a) Budget Amendments
b) Fiscal Update
c) Membership Data Base
Executive Board Minutes
August 12-13, 2004
Page 2
APPROVAL OF AGENDA - continued
a) ByLaws Committee Report
b) Political Action Committee
1. Legislative Agenda
2. Endorsements
c) Division 190 Appeal
d) Ethics Case #03-20 Appeal
a) Mobilizing PEF Retirees – Goldstein
APPROVAL OF REGULAR EXECUTIVE BOARD MINUTES
A motion was made and seconded to adopt the minutes. Ron Goldstein stated there was a typo on page three regarding the word officer’s – should be officers.
The minutes carried with the typo correction.
APPROVAL OF EXECUTIVE SESSION MINUTES
President Benson read the Executive Session minutes, and a motion followed to adopt. There was a second to the motion and they were adopted.
Motion to Hear Appeals
Division 190 Appeal – Carusone (appellant) vs. Besser
Jemma Marie Hanson, member of the Division Committee gave an overview of the case. The Board voted to hear the appeal.
Ethics Appeal – ERC 03-20 Fuentes (appellant) vs. Sweet
Donald Morgenstern, member of the Ethics Committee gave an overview of the case. The Board voted to hear the appeal.
PRESIDENT’S REPORT
President Benson spoke on the State budget’s completion and the huge struggle that we will face to keep three correction facilities open.; he commented briefly on the contract; spoke on the Bush Push effort; addressed the changes to the Fair Labor Standards Act; OMH and DOT contracting out; shadow agencies and the nurses mandatory overtime.
President Benson reported on the political action initiatives to deal with significant challenges facing PEF and also spoke on work environment. He answered questions on all the above issues .
Executive Board Minutes
August 12-13, 2004
Page 3
Parole Fragmentation
President Benson reported on the process that had taken place regarding the fragmentation initiated by the Parole Officers’ Association and explained how this was able to take place, due to a small fragmentation PERB had allowed to happen to a small number of teachers that wanted to form their own union. He also provided the history as to how the Parole Officers originally were assigned to PEF. President Benson explained the major issue with the Parole Officers was the 25 and out, that this administration has been working very hard to achieve. He stated he firmly believe that PEF still is more beneficial to represent them. He answered question on the issue presented by the Board members.
Executive Board recessed for Lunch
Executive Board reconvened at 1:15 p.m.
President Benson called the Executive Board back to order
There was continued discussion and questions concerning the Parole fragmentation.
County of Oswego Contract Extender (this item was moved up with the Board’s approval)
Region 4 Coordinator, Donald Kehoskie, moved that the Board approve the tentative memorandum of agreement between the Public Employees Federation and the County of Oswego. There was a second to the motion. Field Representative Dennis Flynn presented the background and specifics on the agreement and answered questions. The motion carried to extend the current contract with PEF and the County of Oswego.
Legislative Update
Director of Legislation, Brian Curran reported on recent actions on the State budget, which the Legislature had completed passing all the budget bills in the past two nights.
Mr. Curran announced that four additional bills that PEF had supported had passed both houses, and one of the most important items in terms of recent legislation was the passage of the pay bill which allows for changes in the law necessary to implement the PEF contract.
Executive Board Minutes
August 12-13, 2004
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Legislative Update - continued
He also reported that both houses had passed legislation to prevent the closure of correction facilities. He further stated the bad news was that the Governor had vetoed some of the bills that had been passed by both houses. He continued his report advising on other issues and answered questions presented by the Board members.
Push Bush Update
Matt Watson, Political Lobbyist, gave an update on the Push Bush out the Door in 2004 campaign. He reported they were currently working in conjunction with SEIU and AFT and spoke on swing states, members and retirees that had volunteered, as well as bus trips that had taken place and were to take place and asked members to please sign up and contribute to the campaign.
Professional Conduct Policy
President Benson referred to the document that had been revised since the last Board meeting regarding professional conduct. He stated he was appointing a Professional Conduct committee that he would submit to the Board for approval,
Secretary-Treasurer Hallum moved that we enact this policy and received a second.
Don Morgenstern moved to amend the document, third paragraph, “When a PEF employee reports to the President, add, in writing,……. The amendment was seconded and carried.
After debating the policy, it carried 39 to 34. (See attached policy)
Pre Tax Transportation Benefit
Director of Contract Administration, Robert Carrothers reported the vendor had been selected, “Wage Works” and the enrollment process should take place some time during the fall. He answered questions and stated they would continue to work on extending this benefit.
SECRETARY-TREASURER’S REPORT
Secretary-Treasurer Hallum announced a new feature instituted in the accounting department to have direct deposit of expense voucher payments. She stated a form would be sent for authorization.
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August 12-13, 2004
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SECRETARY-TREASURER’S REPORT - continued
Ms. Hallum gave a fiscal update regarding the ten percent overages and stated her first amendment was to wipe out the overage by adding $345,749 to employee benefits expenses and taking the $345,794 out of the per capita. Ms. Hallum also proposed to increase office expenses by $11,337 and decrease telephone communications by $11,337. Also proposed was to add $8,264 to janitorial and security expense and take it from photographic supplies; to add $9,656 to maintenance repair and delete from equipment repair; add $6,012 to books and references and delete from periodicals and membership; add $5,043 to temporary hires and delete $5,043 from miscellaneous sundry; add $65,367 to arbitration and delete $65,367 from postage; and add $20,695 to contributions and delete $20,695 from affiliation fees. The above amendments were moved and seconded
After debating the amendments, the Budget amendments were adopted.
Scott Ray requested a separate accounting of the contract fight back expenditures.
A motion carried to recess for the day, The meeting recessed at 4:45 p.m., Thursday, August 12th.
President Benson called the meeting to order at approximately 9:25.a.m. and members joined in the Pledge of Allegiance to the Flag. Ron Manuli moved to amend the agenda to add an item under the committee reports, to include an update on the PEF Convention. This was seconded and carried.
SECRETARY-TREASURER’S REPORT – continued
Secretary-Treasurer Hallum reported on the status of this year and referred to the information that was included in the Executive Board kit and answered questions on the documents. Ms. Hallum gave an update on the membership data base.
At this time Bill Sachs moved that with the exception of emergency and or special meetings, the Board shall hereafter not meet in meeting rooms separated from hotels or lodging facilities. There was a second to the motion. After discussing the issue, the motion failed.
Professional Conduct Committee
President Benson referred to the policy, “If further review is warranted a committee appointed by the President and approved by the Executive Board shall be convened to investigate the allegation. The committee shall consist of three members and one alternate of whom shall be Executive Board representatives.
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August 12-13, 2004
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Professional Conduct Committee - continued
President Benson stated at this time, he would like to present the following names of four Board members, three members of the committee and one alternate. He named the following: Ron Vero, Adam Sumlin and Eric Lindemann. The alternate would be Karen Pellegrino. This was so moved and seconded. After debating the committee, it carried.
BYLAWS Committee Report
Lou Matrazzo, Chair of the ByLaws Committee reported at the 2003 convention as resolution was referred to the ByLaws committee to look into regarding stewards as automatic delegates. He explained how the committee looked into this and found there was a process problem with concept. Therefore, the recommendation was that we continue to look at how delegate apportionment is done, and how we could work out a system to do this without creating chaos, and to then bring this back to the Board next year with a recommendation to take to the delegates. He moved the committee’s recommendation was to advise the convention that it should be resubmmitted next year. This motion was second.
Joe Lewis moved to amend the motion to add that part of this study would break out the impact of refining this from stewards to council leaders. This amendment was seconded and defeated.
The main motion to refer back to the ByLaws Committee for reconsideration at the 2005 PEF Convention, carried.
Dollie Williams, on a point of order asked to reconsider the reopening of the Professional Conduct Committee. There was a second to the motion. President Benson responded by asking her if she voted against the motion, to which she had and was unable to introduce this issue.
Priscilla Sweet, asked to reopen for discussion the Professional Conduct Policy and committee appointments. Ms. Sweet received a second and the issue was reopened.
Secretary-Treasurer Hallum moved to amend the policy to include five members on the committee and received a second. After debating the issue, the motion carried.
The Professional Conduct Policy as amended was adopted.
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August 12-13, 2004
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Ethics Appeal ( ERC 03-20 Fuentes (appellant) vs. Sweet)
Don Morgenstern, member of the Ethics Committee presented the Ethics Committee case. A motion carried to allow Ms. Fuentes to address the board
for up to a total of five minutes, as well as Ms. Sweet.
Ms. Fuentes reported her version of what had taken place.
Ms. Sweet reported her version of what had transpired.
President Benson reported there were two decisions to be made. One, to either sustain or overturn the committee’s decision and the other was to seek remedy if the committee’s decision was overturned.
Jennifer Faucher moved to not support the committee’s decision.
Ron Goldstein, on a point of order stated since no evidence was presented that the charges were filed within 60 days of the date of the alleged incident he asked that the cases be dismissed.
Debate continued and Bernice Jones called the question. The committee’s decision to dismiss the charge was defeated. On a point of order Wayne Bayer suggested the President may want to reconsider the appointment of the chair of the Ethics committee.
Recess for lunch at 12:00 noon
Meeting reconvened at 1:00 p.m.
Bill Sachs asked for a moment of silence in honor of Bob Stonehill who had recently passed away. (Moment of silence was observed)
Jeff Janiszewski moved to amend the agenda to address the Division 190 appeal at the next Executive Board meeting, due to the items still remaining on the agenda that had to be addressed. The motion was seconded and carried.
Executive Board Minutes
August 12-13, 2004
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Political Action Committee Report
State Legislative Agenda
Vice President and Statewide PAC Chair, Ken Brynien stated there were two recommendations for amending the Legislative Agenda, the first one was to support establishment of a retiree pre-tax healthcare flexible spending account. This was so moved, seconded and carried.
The second amendment was to support any legislative changes necessary to ensure that all PS&T unit employees were entitled to the same full range of retirement benefits. This was also moved, seconded and adopted.
Wayne Bayer moved to amend the Legislative Agenda, to add a new section, Reforming New York State Government, and under that section: PEF believes that the New York State legislative budgetary and public policy making can be improved by adopting nonpartisan redistricting for congressional and state legislative districts. PEF officers and legislative staff and PAC committees will develop strategies and action plans to work with other unions, legislators, civic organizations, religious and community organizations to achieve this goal. This motion was seconded. After debating the motion, it was defeated.
Susan Kent moved to amend the Legislative Agenda Under Maintaining a Stable Public Workforce, in the last paragraph, changing the word “should” to “shall”.
This amendment was seconded and carried. The State Legislative Agenda was adopted as amended.
Federal Legislative Agenda
Mr. Brynien moved on behalf of the Statewide PAC, the proposed Federal Legislative agenda and received a second. The Federal Legislative Agenda was adopted as printed.
Endorsements
Vice President Brynien explained the process of voting on the seats and asked members to vote on entire bodies unless there were specific proposed endorsements that needed discussion.
Executive Board Minutes
August 12-13, 2004
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Endorsements - continued
Jennifer Faucher moved that each Congressional, New York State Senate, and New York State Assembly seat be assigned to one region. And where the district overlaps multiple regions, the region that has the largest percentage of that district will have jurisdiction.
Mr. Brynien moved the motion out of order. Ms. Faucher challenged the chair.
The Chair was sustained.
Congressional Endorsements
Wayne Bayer asked to set aside three Congressional seats, C.D. 4; C.D. 20; and C.D. No. 24.
Dick Collins requested to set aside C.D. No. 19. Ron Goldstein asked to set aside C.D. 11. Also set aside was the U. S. Senate seat held by Senator Charles Schumer.
The remainder of recommended Congressional Endorsements were adopted.
The first set aside seat was C.D. 4. The incumbent was Carolyn McCarthy and the PAC recommended James Garner. After debating the recommended endorsement, Ron Goldstein moved to endorse Carolyn McCarthy. There was a second to the motion and Ms. McCarthy received PEF’s endorsement.
C.D. 11, PEF took no position. The Executive Board voted that PEF take no position at this time.
Jemma Marie Hanson moved that PEF take no position for the primary and once the democratic primary was over, endorse that winner. There was a second to this motion and it carried. (The democratic contenders are: Tracy Boyland, Yvette Clarke, and Gabriel Pearse)
Dick Collins moved for no endorsement in C.D. 19. The recommendation of the Statewide PAC to endorse Sue Kelly carried.
C.D. 20, John Sweeney – there was debate on John Sweeney, and the Executive Board endorsed John Sweeney.
C.D. 24 Sherwood Boehlert – there was debate on Sherwood Boehlert and , as the PAC committee had recommended, there was no endorsement in C.D.24.
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August 12-13, 2004
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Endorsements - continued
Senator Charles Schumer – there was discussion on the endorsement and the Board endorsed Charles Schumer as the PAC had recommended.
New York State Senate Endorsements
Vice President Brynien presented the Statewide PAC recommendations for the New York State Senate.
Robert Thomas asked to set aside S.D. 34.
Charlie Kelefant asked for discussion S.D.45 and Ron Goldstein asked for discussion on S.D. 10 and S.D. 15.
The remainder of the New York State Senate endorsements were adopted.
S.D. 10 – Discussion on Senator Ada Smith – Statewide PAC recommendation to endorse her carried.
S.D. 15 – Discussion on Serphin Maltese – Statewide PAC recommendation to endorse him carried.
S.D. 34 – Discussion on Stephen Kaufman – Statewide PAC recommendation to endorse him carried.
S.D. 45 – Discussion on Elizabeth Little - - Statewide PAC recommendation was no position at this time carried.
Professional Conduct Committee -
At this time President Benson brought back to the Executive Board the five nominees for the professional conduct committee there were: Susan Kent, Karen Pellegrino, Ron Vero, Adam Sumlin and Eric Lindemann. These names were so moved, seconded and carried.
Executive Board Minutes
August 12-1, 2004
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New York State Assembly Endorsements
Vice President Brynien presented the Statewide PAC recommended endorsements for the New York State Assembly.
Wayne Bayer asked to set aside A.D. 109. Don Kehoskie asked to set aside A.D. 129. Ron Goldstein asked to set aside A.D. 57 and A.D. 68. Frank Besser asked to set aside A.D. 139. Scott Ray asked to set aside A.D. 110.
The remainder of the New York State Assembly Statewide PAC recommendations carried.
A.D. 57 – Roger Green – Discussion on Roger Green - Statewide PAC recommendation carried to endorse Roger Green.
A.D. 68 - Adam Clayton Powell IV – Discussion on endorsement – Statewide PAC Committee recommendation to endorse carried.
A.D. 109 – Statewide PAC endorsed Bob Reilly – after discussion the Statewide PAC recommendation carried.
A.D. 110 – Statewide PAC recommended no position at this time. After discussion, Scott Ray moved to endorse James Tedisco for A.D. 110, received a second and the endorsement carried.
A.D. 129 – Two regions involved and opposing recommendations – After discussion, a motion to endorse Mary Ellen Polimini, was seconded and carried.
Paula Hennessy asked if there was a quorum and Vice President Brynien stated there was. Ms. Hennessy challenged the Chair. The Chair was sustained.
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Wayne Bayer, on a point of order, asked when it would be appropriate to discuss a policy regarding the membership having the contract in their hands 30 days prior to a vote. Both Secretary-Treasurer Hallum and General Counsel Seamon stated they were not aware of any policy.
A.D. 139 – Vice President Brynien stated the Statewide PAC recommended no endorsement. Frank Besser moved that the Executive Board endorse Charlie Nesbitt, received a second and Charlie Nesbitt received the endorsement.
Secretary-Treasurer Hallum stated since there was no quorum, Vice President Fox would hold an informational meeting on the Convention.
Meeting Adjourned at 4:45 p.m.
Respectfully submitted,
Jane Hallum
Secretary-Treasurer
Attac.
/lr
The minutes were adopted as amended on November 18, 2004.