Executive Board Minutes
March 3 – 4, 2005
Desmond Hotel, Albany, New York
President Benson called the meeting to order at 9:10 a.m., Thursday, March 3, 2005. Members joined in the Pledge of Allegiance to the Flag.
The following members were sworn in: Evelyn Fuentes representing Agriculture and Markets; Germaine Greco representing OTDA and also Julie O’Brien representing NDRI.
APPROVAL OF THE AGENDA
President Benson asked to address Draft Labor Management Standards as item 8 (e) stating there would be a short discussion on this issue. There were no objections to this. Ms. Benson reported that he was advised by General Counsel that the Executive Board did not have the authority to amend the Legislative Agenda and item 10 (e) would be removed. The agenda was adopted as amended:
a) 2005-2006 PEF Budget
b) Go Public Campaign
Executive Board Minutes
March 3-4, 2005
Page 2
a) Priorities Update
b) State Budget Briefing
c) Ad Hoc Committee Report on Ethics and Divisions
d) Pre-Tax Transportation Program
e) Draft Labor Management Standards
a) Constitution and ByLaws
1. Special Rules of Order – Convention
b) Convention Committee Report
1. Convention Agenda
2. Convention Travel Voucher
c) Division Committee
1. Annexation/Secession Policy Amendment
10. Member Items
a) Executive Board Lodging - Goldstein
b) PEF Telephone Director – Goldstein
c) Update on Contract Arbitration - Speers
d) Retirees COLA Update – Speers
e) Assault Insurance - Speers
f) Buy American Committee – Speers
Barbara Rock addressed the Board and thanked them for all the support that was given to her family member that was assaulted at Elmira.
APPROVAL OF THE MINUTES
The minutes from the November 18th and 19th, 2004 Board meeting were moved, seconded and carried.
APPROVAL OF THE EXECUTIVE SESSION MINUTES
The Executive Session minutes were moved, seconded and also carried.
SECRETARY-TREASURER’S REPORT
Budget
Secretary-Treasurer Hallum thanked the Budget Advisory Committee for their help and Alan Schulkin gave an overview of the budget and Ms. Hallum moved for adoption. There was a second to the motion.
Executive Board Minutes
March 3-4, 2005
Page 3
SECRETARY-TREASURER’S REPORT – continued
Budget - continued
Don Morgenstern moved that the Secretary-Treasurer appoint a statewide labor/management budget advisory committee of five Executive Board members subject to approval of the Executive Board.
President Benson ruled the motion out of order as, constitutionally, only the President can appoint committees. However, he did state that the Labor management committee could take on that role as part of their committee.
Region 9 Coordinator, Neila Cardus moved to amend the budget, to take the currently non-filled and proposed training item and convert it to replace the vacant field rep item in Region 9. There was a second to the motion.
After debating the amendment, the motion carried to fund a field representative in Region 9 from the monies allocated to the non-filled proposed training item.
Ms. Hallum continued to answer questions regarding the budget, and Region 10 Coordinator, Jennifer Faucher moved to amend the budget, by taking the least senior item from Mobilization in the Albany area and move it to the Training Department. There was a second to the amendment.
Region 8 Coordinator, Lou Matrazzo moved to amend the amendment, that the President and Secretary Treasurer undertake a study and report back to the Board at the next meeting in June with a proposal regarding the alignment of staff in the Mobilization and Training Departments. This amendment to the amendment was seconded and after debate, carried.
The amendment to the amendment that now was the main amended
motion carried.
Ron Goldstein moved to amend the budget to provide for Executive Board lodging for out of town Executive Board members, defined as 35 miles or more outside of the capital district to give Executive Board members single rooms. The monies to come from eliminating the position of Director of Human Resources and Education. There was a second to the amendment.
William Sachs moved to amend the amendment regarding the allocation for the expense, to have a five percent reduction across the Board in postage expense. There was a second to the amendment.
Executive Board Minutes
March 3-4, 2005
Page 4
SECRETARY-TREASURER’S REPORT – continued
Budget – continued
The amendment to the amendment to allocate the monies for single room accommodations from a five per cent reduction across the Board in postage carried, 52 to 38.
Tom Donahue and Dennis Anderson for the recorded voted against funding of single room accommodations.
After discussion, Ms. Hallum explained that the five per cent reduction in postage would not cover the cost of funding single room accommodations.
She stated that she would come back to the Board with a proposal for funding of the single rooms. This was acceptable to the Board.
The issue was then raised regarding single rooms for members in the Albany area, and Lou Matrazzo moved that the policy regarding single rooms be limited to members outside 35 mile radius.
After debate, Lou Matrazzo moved to have his motion withdrawn. It was withdrawn.
A motion carried to call all matters before the house. The main motion, the budget, as amended carried.
The Board recessed for lunch at 12:00 noon
The Executive Board resumed at 1:00 p.m.
President Benson called the meeting back to order.
Craig Speers asked for a moment of silence for two members of the New York State National Guard from the Fighting 69th Regiment who were killed yesterday. A moment of silence was observed.
Joe Lewis moved that no PEF monies be spent to fund the leadership training conference at Turning Stone Casino. The motion received a second.
After debating the issue, the motion carried not to fund the event at Turning Stone Casino for the leadership conference.
Executive Board Minutes
March 3-4, 2005
Page 5
Go Public Campaign
President Benson provided background on this campaign issue. A video of the web site was presented and questions were answered by Steve Connolly and Tom Cetrino, Director of Research.
President Benson moved the proposal and received a second.
Mike Keenan moved to amend the proposal as follows: Category 2 – Media Buy – reduce that by $150,000 and making May $250,000 and June $500,000 for a total of $950,000. Mr. Keenan proposed to add category 9 – entitled “Educate Membership” and funding $150,000 and also allocate $75,000 for additional staff. This amendment received a second.
After debating the amendment, it was adopted. The main motion, the Go Public Campaign was adopted as amended by a two-thirds required vote.
PRESIDENT’S REPORT
Job Security – President Benson reported there were no proposed layoffs in this years’ budget, however there would be significant negative impacts on the membership if the Governor’s proposed budget was passed. President Benson spoke on the proposed closing of Middletown Psychiatric Center and the commitments he had from Assemblywoman Gunther and Senator Bonacic, Chairs of the Mental Health Committees that nothing would pass until PEF had their most serious concerns addressed.
He reported on the attempt to privatize three SUNY hospitals and privatization of the archives, library and museum and SED into public benefit, and stated the chairs of those committees stated that would not happen.
Retirement Reform
President Benson reported this had now become retirement protection with the Governor trying to convert the State pension plan to a 401-K and reduce retirees health benefits by increasing co-pays. This efforts had failed in the past and the fight will continue.
Stronger Contracts
President Benson announced every joint committee except one had been named and is functioning. The COLA committee has been named and information distributed to the Board. He asked those interested in serving on the 2007 Contract Team to please let him know as he would be naming the Team in the fall of this year.
Executive Board Minutes
March 3-4, 2005
Page 6
PRESIDENT’S REPORT – continued
President Benson commented briefly on the federal budget and introduced John Murphy, the newly hired legislative staff person.
Update on Parole
President Benson reported on the dates for PERB hearings and stated he expected the hearings would continue into the late fall.
National AFL-CIO Structure
President Benson reported he had been involved in conversations at both SEIU and AFT Executive Board meetings over the last couple of months
and briefed the Board on what has been transpiring.
Questions were answered brought forth by the Board members
Steve Sherokey moved that the PEF make S.01623, a top priority that that the Research Foundation be reincluded.
President Benson ruled the motion out of order stating it was redundant, as it was already a priority of PEF.
State Budget Briefing
Brian Curran, Director of Legislation and Tom Cetrino, Director of Civil Service Enforcement both gave a brief summary of where we were in the State Budget process. They proceeded to answer many questions from the Executive Board members.
Ad Hoc Committee Report on Ethics and Divisions
Bernie Kahn, Chair of the ad hoc committee referred to the recommendation that was include in the Board kit. Mr. Kahn, on behalf of the committee moved the recommendation and received a second.
Mike Keenan moved to amend the recommendation to change the seven day calendar days to fifteen calendar days and in the fourth line, to change the twenty days to thirty days. There was a second to Mr. Keenan’s amendment.
Ken Dischel moved to amend the amendment that the initial mailing be certified and the second mailing be registered mailing.
After debating this issue, Craig Speers moved to refer the entire package back to the ad hoc committee and have them fine tune it. This was seconded and failed 29 to 39.
Executive Board Minutes
March 3-4, 2005
Page 7
Ad Hoc Committee Report on Ethics and Divisions - continued
The amendment to convert the recommendation to the first mailing certified and the second mailing registered failed 29 to 32.
Me. Keenan’s amendment to extend the time frame from seven to fifteen days and from twenty to thirty days also failed.
The main motion, the committee’s recommendations carried 40 to 25.
The meeting recessed at 5:15 p.m.
President Benson called the meeting back to order at 9:00 a.m., Friday, March 4th. Members joined in the Pledge of Allegiance to the Flag.
President Benson announced Matthew Thoyalil would be retiring from state services and wished him well.
Ad Hoc Committee Report on Ethics and Divisions
Don Morgenstern moved to reopen the above issue, and expressed his concerns with the timetables. The motion received a second and it carried.
Secretary-Treasurer Hallum moved to refer the issue back to the committee and have a legal staff assigned to the committee to work out a document that would cover all of the time tables and processes. This motion was seconded and carried.
Vice President Joe Fox moved for reconsideration of the decision not to fund monies for the regional meeting that was going to be held at the Turning Stone Casino. He reported that he had been in contact with the AFL-CIO and they said this property was not on the black list. The motion was seconded and failed.
Pre Tax Transportation Program
Bob Carrothers, Director of Contract Administration gave an update on the pre-taxed transportation that is now available. He also answered questions on other contractual issues. Regarding the issue of EOL, he stated GOER was deducting two hours for the rally that was held last March at the Board meeting. Mr. Carrothers the Executive Board members should charge their time if they are directed to. He stated PEF was pursuing this issue.
Executive Board Minutes
March 3-4, 2005
Page 8
Vice President Ken Brynien presented Chief Negotiator Scales with a special gift.
Draft Labor Management Standards
President Benson referred to the document that was included in the Executive Board packet and asked the Board members to share this information with their agency labor management committee, their division, their region and get some input. This issue will be brought up at the June Executive Board meeting.
COMMITTEE REPORTS
Constitution and ByLaws Report
Lou Matrazzo, Chair of the ByLaws Committee referred to the document that had been previously mailed to the Board members. He spoke on the issue of stewards serving as automatic delegates and reported that after consulting with staff, and general counsel felt it was not advisable at this time Ron Goldstein moved to postpone the issue. He received a second.
Mike Keenan moved to amend the motion that the Board not propose a constitutional amendment to make stewards automatic delegates. There was a second to the amendment,
President Benson ruled the amendment out of order as it was not germane to the main motion.
The motion to postpone the issue of stewards serving as automatic delegates carried.
The committee recommended two amendments to the Special Rules of Order for the convention Rules.
Mr. Matrazzo explained that the first amendment clearly defines the process for appealing credentials to be seated as a delegate to the Convention, and moved the following.
Credentials B. – add at the end of the paragraph: Only members submitting petitions during the regular delegate period have a right to appeal the denial of their credential.
The amendment to the Special Rules of Order, received a second and carried.
Executive Board Minutes
March 3-4, 2005
Page 9
Constitution and ByLaws Report – continued
Mr. Matrazzo proposed the second amendment to the Special Rules of Order that clarifies the circumstances under which an immediate recount shall occur when a standing count results in less than a 25 vote between the yeas and the nays.
Motions H. 6 – When the difference for a standing count is less than 25 votes between passage and failure [the yeas and the nay,] an immediate recount shall occur. The motion shall be determined when it either passes or fails twice, [either the pro or con has received the majority vote twice] regardless of the difference between the opposing votes.
This amendment received a second and carried.
Mike Keenan moved to have the Special Rules of Order for Convention amended in the Teller section.
F. Tellers 3. Tellers will report the vote count in their assigned sections to the Chair of the Tellers Committee by using the microphones nearest their assigned area. The chair………
This amendment received a second.
Ed Lucas moved to amend the amendment by substitution that each teller will provide their recorded vote, and that vote will be shared by sections at the request of any delegate. This substitute motion received a second.
Mike Keenan move to amend the substitution, to announce the vote by sections.
Mr. Keenan’s amendment carried. Mr. Lucas’s amendment as amended carried.
F. Tellers 3. [Tellers will report the vote count in their assigned sections to the Chair of the Tellers Committee.] Tellers will provide their recorded vote, and that vote will be announced by sections. The Chair will tabulate…..
Executive Board recessed for lunch
Meeting reconvened
Executive Board Minutes
March 3-4, 2005
Page 10
Ron Manuli moved that when a quorum call is duly called, on the last day of the convention, that the chair has to immediately do a quorum count and if the quorum does not exist, that the convention adjourn. This motion received a second. After debate, the motion was defeated.
Convention Committee Report
Convention Agenda
Vice President and Convention Committee Chair Joe Fox, on behalf of the committee moved for adoption of the proposed convention agenda and received a second.
Jennifer Faucher moved to amend the agenda that the delegate registration be open until 7:00 p.m. No objection motion carried to keep registration open until 7:00 p.m.
Convention Travel Voucher
Vice President Fox referred to the Convention Travel Voucher and move for adoption. He received a second.
The following clarifications were made to the voucher: Under the Additional Delegate Allowance, it was changed to read, “If you transport one or more additional delegate you will be reimbursed the full federal rate at the time of the Convention. The federal rate will be published on the voucher. Also under the Meals, the meal check allowance in the amount of $124 was added to the language, as well as the definition of the Upstate Regions and the Downstate Regions.
Ron Greene moved to amend the travel policy under local travel to add to and from airport and to also include Region 9. This motion was seconded and carried.
Don Morgenstern moved to amend the language under Train/Air Travel, the last sentence, Exceptions may be granted on a case by case basis by the Secretary-Treasurer. Secretary-Treasurer Hallum stated this was already policy so it would automatically changed.
The Convention Travel Voucher was adopted with the changes and amendments.
Executive Board Minutes
March 3-4, 2005
Page 11
Division Committee
Annexation/Secession Policy Amendment
Frank Besser, Chair of the Division Committee presented the amendments to the Annexation/Secession Policy and received a second. After brief discussion, and changing the word dissent to consent, the amendments were adopted. (See attachment A)
MEMBER ITEMS
PEF Telephone Directory
Secretary-Treasurer Hallum stated she was willing to provide this information with an opt in.
Jennifer Faucher moved that a form be developed or some means of inquiry be sent out to all the standing council leaders requesting their name and a contact so that they could be listed in the division in a directory format.
Joe Lewis moved to amend that it be just the work location number on the document and if a box is put on the document for a home number that it be listed as optional. This amendment received a second.
Ken Dischel moved to amend the amendment that this information only be available to stewards. There was a second to this amendment.
Due to the lack of a quorum, the meeting was adjourned at 2:30 p.m.
Respectfully submitted,
Jane Hallum
Secretary-Treasurer
Attach.
THE MARCH 3-4, 2005 EXECUTIVE BOARD MINUTES WERE ADOPTED AS PRINTED ON JUNE 1, 2005.