Executive Board Minutes
August 4-5, 2005
Desmond Hotel, Albany, New York
President Benson called the meeting to order at 9:10 a.m. and members joined in the Pledge of Allegiance to the Flag.
The following newly elected members were sworn in: Gracy James, OMH; Richard Keller, OMH; Gail Rice, VESID/SED; Darryl Stevenson, Parole and Juana Williams from OMRDD.
ADOPTION OF THE AGENDA
A motion was made to adopt the agenda and it was seconded. Craig Speers moved to amend the agenda to include member items, b) Law Enforcement Contract Arbitration and c) Contract Justice, under the President’s report. President Benson stated that it would be included under his priorities update.
The agenda was adopted as amended as follows:
a) ERC-2004-11 Jeffords (appellant) vs. Ethics Panel (Benson)
8. President’s Report
a) Priorities Update
b) National AFL-CIO Convention Report
c) Legislative “Go Public” Update
d) Rensselaer County Organizing Report
c) Triennial Election Committee Approval
9. Secretary-Treasurer’s Report
a) Policy on Membership Join Date
b) Financial Report
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10. Committee Reports
a) Ethics
1. ERC-2004-11 Jeffords (appellant) vs. Ethics Panel
(Benson) 10:00 a.m. Friday
2. Amendment on Appeal Timetables
b) Divisions
1. Annexation/Secession (D.290A) – New Division Format
(D.406)
2. Division 373 – Proposed Constitutional Amendment
3. Annexation Petition – Cyber Security
4. Amendment on Appeal Timetables
c) Legal Appeals
1. Amendment on Appeal Timetables
d) PAC
1. Endorsement Recommendations
2. Legislative Agendas
a) State
b) Federal
11. Member Items
a) Amendments for Rules of Financial Trusteeship – Blake
b) Law Enforcement Contract Arbitration – Speers
c) Contract Justice – Speers
d) Buy American – Speers
e) Veterans Legislation – Speers
f) Invite Major Gubernatorial Candidates to Address
Executive Board – Goldstein
g) The Probable Split of NYC PEF Office - Goldstein
ADOPTION OF EXECUTIVE SESSION MINUTES
The minutes were moved, seconded and adopted.
ADOPTION OF EXECUTIVE BOARD MINUTES
The minutes were adopted with the correction that Diane Meyers was presented at the June Executive Board meeting and Julie O’Brien was absent.
MOTION TO HEAR ETHICS APPEAL
Secretary-Treasurer Hallum asked Jim Blake, Chair of the Ethics Committee to present a short summary on the appeal. After Mr. Blake’s summary, a request for a roll call vote on whether or not to hear the appeal, carried 69 to 42.
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August 4-5, 2005
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PRESIDENT’S REPORT
Job Security – President Benson reported three threats in the job security priority and gave an update on the three, Albany Housing Authority; the School for the Blind in Batavia, and the Labor Department Telephone Claim Center in Manhattan.
Stronger Contracts
President Benson reported that negotiated raises and longevities were flowing and although we did not receive all that we had wanted, we did not have time clocks imposed and a disaster with Worker’s Compensation. He announced that he and staff members put together a memo regarding contract strategies that had been included in the Executive Board packet regarding the State Troopers contract.
Retirement Reform
President Benson stated that we had moved from getting retirement reform, to protecting what we had gotten in 2000 and explained what was taking place at UAW was extraordinarily important and reinforced the importance of what will take place in our contract negotiations and protecting our benefits was going to be a battle.
Rensselaer County
President Benson gave an update on the organizing and stated that we expected an interim decision by the ALS in the fall.
Regarding the Parole fragmentation, President Benson reported that the PERB hearings were going well, PEF had presented their case as did the other union that would like to take over the representation. He stated either William Seamon, General Counsel or Steve Klein, Associate Counsel could answer any questions members may have on this case.
President Benson answered many questions on his report and other issues brought forth by the Executive Board members.
Susan Kent moved that PEF staff, in conjunction with the leadership at SED, prepare an analysis of the GOER denial of our shared services memorandum of agreement proposal. She requested the following course of action:
1. We need to know since the cession of the school, the academic school year and the summer school, have any OMRDD titles that are CSEA represented come into the ICF at Batavia to perform PEF work.
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2. The report on bringing the ICF into compliance was due on June 28.
My information is that it was in fact not brought into compliance
until last week. I would like to have PEF Headquarters try and secure
that report so we can analyze it.
3. We need PEF to do any analysis of GOER’s denial of the shared
Services memorandum of agreement that PEF proffered as a way to
Have it at least in the interim, OMRDD run the ICF while SED
Is still employing the staff that work there.
The motion was seconded by Gail Rice.
President Benson, stated Ms. Kent’s motion was out of order, however, he would commit to have an outside analysis done and asked Mr. Kent to withdraw her motion. This was agreeable with Ms. Kent.
National AFL-CIO Convention Report
Vice President Fox, Region 5 Coordinator Mary Twitchell, and Executive Board member Mike Keenan all reported on what had transpired at the AFL-CIO Convention regarding the split between SEIU and the AFL-CIO.
The meeting recessed for lunch
Meeting reconvened – President Benson called the meeting back to order.
Vice President Fox and President Benson answered many questions regarding the split of SEIU from the AFL-CIO.
Legislative “GO PUBLIC” Update
Brian Curran, legislative counsel referred to the previously distributed summary of the twenty bills that were passed in the legislature in both houses that PEF supported and gave a summary of the progress with the “Go Public Campaign.” Mr. Curran answered many questions on the legislative bills that PEF had supported.
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At this point, President Benson recognized Executive Board members that were going to retire: Michael Keenan, one of the founders of PEF, Gary Coopersmith, Dick Collins, and Dollie Williams.
Triennial Election Committee Approval
President Benson moved the following members to serve on the Triennial/Regular Election Committee: Ed Patten, Rosemary Rossi-Williams, Mary Vasilev, Paul Gendron, Robert Darrow, Edward Snow, Bob Harms, Edith Cooper, Wendy Phillips and Mark Seidner. The motion was seconded and carried.
SECRETARY-TREASURER’S REPORT
Policy on Member Join Date
Secretary-Treasurer Hallum explained how the enrollment process had been taking place and moved for the policy to be adopted.
Policy On Member Join Date
Mike Keenan moved to divide the question , received a second and the motion was divided.
The first resolved was adopted.
Mike Keenan moved the second resolved to read as follows: Be it further resolved that a frozen data base for a steward election will occur after close of nominations and shall not be altered by the submission of a card which is received after the date the data base is frozen. This amendment was seconded.
Bernie Kahn moved to postpone the policy until the committee revisited it with new language, and bring forward the next day. The motion to postpone was seconded.
After discussion the issue, a motion was made, seconded and carried to close debate.
The motion to postpone until the following day was defeated.
Mr. Keenan’s amendment to the policy carried, and the policy as amended also carried.
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After answering questions regarding the structure for executive Board constituencies Ms. Hallum went over the finances of PEF. She spoke on the audit reports and answered questions on the finances of PEF.
Both President Benson and Secretary-Treasurer Hallum reported they would look into the policy requiring that PEF use a Union affiliated bank (Amalgamated Bank) to suggest a new policy and a new bank.
A motion to recess carried at 4:00 p.m.
President Benson called the meeting to order at 9:10 a.m., Friday, August 5, 2005. Members joined in the Pledge of Allegiance to the Flag.
President Benson announced that he had received a confirmation from Bridge Pawelczak from Region 1, that she would agree to serve on the Triennial Election Committee. Mr. Benson so moved her acceptance, received a seconded and Ms. Pawelczak was added to the committee.
Ron Goldstein moved that PEF appropriate $100,000 to be used in the additional funds in the TCC fight back. Bernice Jones seconded the motion.
The motion carried unanimously. (Funding to come from contingency fund).
Ethics Amendment on Appeal Timetables and Corrections to the Code of Ethics
Donald Morgenstern reported the changes that were proposed in consultation with general counsel and moved the following:
The first one listed the three additional violations that were never listed; in numbers 6 and 7, noted that PEF’s internet websites should not be used for “unethical purposes”; and E-2 Hearings Before the Hearing Panel – corrected PEF; and B Filing – incorporated the new timetables. The motion was seconded and carried.
Division Committee Report
Annexation and Secession
Frank Besser, Chair of the Divisions Committee, moved the annexation/secession (D.290A) to a new Division format (D.406). The motion was seconded and carried.
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Division 373 – Proposed Constitutional Amendment
Mr. Besser moved the amended language in article one; article three (a) and section four (1). There was a second to the motion and it was adopted.
Annexation Petition – Cyber Security
Mr. Besser moved the annexation of Cyber Security to OGS Division 179, this was seconded and carried.
Division Amendment on Appeal Timetables
Mr. Besser referred to the Division Appeals Procedures Guidelines in number seven, where the language was amended to reflect the timelines in all PEF appeals procedures. This was so moved, seconded and carried.
Legal Appeals
Amendment on appeal timetables
President Benson referred to the document that had been mailed to the Executive Board members and explained the amendments, the registered mail, return receipt requested and the second was one was the timetable, that would be in compliance with the other appeal timetables and the third one was to change who the written request for an appeal would go to. The current language said director of field services, and it was amended to go to the staff designee.
The amendments were so moved and seconded.
Donald Morgenstern moved to amend that the Executive Board member also be notified to section C.(2) and received a second. After discussion on the confidentiality, Mr. Morgenstern withdrew his motion, as did the person that made the second to the amendment.
After questions were answered, the three amendments to the Legal Service Policy were adopted.
PAC Report
Endorsements
Vice President Ken Brynien, reported there were two recommendations from the Statewide PAC. The first one was A.D. #1 – D – Mark Alesi.
This endorsement was so moved, seconded and carried. The second recommendation was no endorsement in the primary for the Mayor of New York City, the recommendation was seconded and carried.
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State Legislative Agenda
Vice President Brynien reported that there were no recommended changes to the New York State Legislative Agenda and on behalf of the committee recommended that it go before the Convention delegates,. The document would be last year’s agenda for the coming year. There was a second to the motion and it carried.
Federal Agenda
Vice President Brynien went over the changes to last year’s Federal Agenda, and moved on behalf of the committee, the agenda to the Convention delegates. He received a second to the motion.
Federal Legislative Agenda - continued
Wayne Bayer moved, that PEF oppose any federal funding for not for profit bodies providing services or programs previously or currently performed by public agencies and employees. There was a second to the motion and
this language was adopted into the federal legislative agenda.
At this time the Board was to hear the Ethics Appeal
Ethics Appeal 2004-11 Jeffords (appellant) vs. Ethics Panel (Benson)
Secretary-Treasurer suggested the same procedure that was done at the last Ethics case.
At this time, the appellant Sue Jeffords presented her case.
Jim Blake, Chair of the Hearing Panel gave his remarks
President Benson spoke briefly on a number of points.
At the end of the above remarks, Secretary-Treasurer Hallum stated there would be a period of questioning.
Charlie Kelefant moved to split into two parts to sustain the committee recommendation; one, whether or not the decision on the part of the committee was correct and whether or not the remedies or sanction was appropriate. The motion was seconded and carried.
Dennis Anderson moved for a roll call vote on both questions, received a second and the motion carried.
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After a lengthy questioning period, Wayne Bayer moved to divide the question and vote separately on each charge. The motion was seconded and carried 45 in favor and 32 against.
Mike Keenan moved to reorder the vote on the five charges. This motion was seconded and carried.
Ethics – continued
The first charge being addressed was PEF Constitution ART. XXII. Bill of Rights for PEF Members – k) When acting in their official capacity all officials of PEF shall act only in the best interests of PEF and its members. After debate was closed, the charge was sustained 92 yes, 4 no and 3 abstentions.
The second charge being addressed was PEF Code of Ethics 13: “No elected PEF official shall engage in dual unionism or advocate secession from PEF.”
A motion to close debate was seconded and carried. Steve Sherokey moved to dispense with the roll call vote, and received a second. The motion carried with a two-third vote to dispense with the roll call vote. The charge was sustained with a standing count, 93 yes and 5 no.
The third charge being addressed was PEF Constitution Article XXII. Duties of a Steward Shall Include But Are Not Limited To: k) “Conducting his/her PEF activities with honesty and integrity”. Bernie Kahn moved to dispense with the roll call vote received a second and it carried with a two-third vote. A motion to close debate was seconded and carried. The motion to sustain the committee was overturned and the charge was dismissed with a standing count, 57 against and 37 in favor.
The fourth charge being addressed was PEF Code of Ethics Section 4: “No member shall commence litigation against PEF or any of its officers, Executive Board members or general members, without first seeking redress from the Executive Board or its duly appointed committees.” Jim Kersten moved to suspend the roll call vote, received a second and it carried with a two-third vote. A motion to close debate was seconded and carried. The motion to overturn the Ethics Hearing Panel carried with a standing count, 64 yes and 26 no.
The fifth charge being addressed was PEF Code of Ethics Section 5: “All members shall conduct themselves in a manner that is conducive to fairness and fair play working only for the good and welfare of the membership. Jim
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Kersten moved to suspend the roll call vote, received a second and it carried with a two-third vote. A motion to close debate was seconded and carried.
The Hearing Panel was sustained 54 yes and 38 no.
The meeting recessed for lunch
Meeting reconvened at 1:25 p.m.
Ethics continued
Secretary-Treasurer announced the Board was now in the penalty phase of the charges, and stated three charges were upheld and two charges were dismissed. Lou Matrazzo moved to amend the penalty that Ms. Jeffords be allowed to apply for reinstatement as a member if she so chooses, with a provision that she could not hold any elected or appointed position within this union upon rejoining as a member. This amendment received a second.
Charlie Kelefant moved to amend the motion that as of August 1, 2006, Ms. Jeffords be allowed all her rights and privileges as a PEF member. There was a second to the amendment.
Mike DelPiano moved by substitution that expulsion from PEF be until PERB’s decision of unit determination at such time she be allowed to be reinstated as a PEF member if she chooses. There was a second to this motion.
Secretary-Treasurer Hallum, after discussing the issue with the parliamentarian, stated the other motions had to be disposed of before we could entertain another motion.
Marianne Albamont called the question on all matter before the house. Debate was closed.
The first amendment, to restore Ms. Jeffords membership upon her request immediately, and that she would hold no office prior to August 1, 2006 failed.
The motion, introduced by Mr. Matrazzo, that Ms. Jeffords would be able to reapply for membership immediately, but she would be barred from holding any office in PEF permanently, appointed or elected, carried.
The above motion, now had become the main motion and would be decided by a roll call vote. The motion carried 74 yes and 9 no.
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Federal Agenda - continued
Craig Speers moved to amend the legislative agenda to include an item, “Veterans Benefit” – PEF supports legislation that would increase federal funding for VA medical Centers, rehabilitation and outreach programs. And in addition PEF supports substantial increases in the death and disability benefits for all veterans. This amendment received a second and carried.
Carlos Garcia moved to amendment the agenda that PEF support legislative efforts to support full funding of the “No Child Left Behind ACT.” There was a second to this amendment and it carried.
Ron Goldstein moved to amend the legislative agenda that PEF would support the distribution of home land security money based on risk and not based on population or politics. This amendment was seconded and carried.
Dicks Collins moved to amend the agenda that PEF actively pursues any further cost to the veterans administration budget. This amendment was seconded and carried.
Mike Keenan moved to amend the legislative agenda, that PEF support raising the Social Security tax cap in order to provide sufficient funding to maintain the benefit levels equivalent to current levels of future social security recipients. This amendment received a seconded and carried.
Dennis Anderson called all matters before the house. Debate was closed and the Federal Legislative Agenda was adopted as amended.
President Benson reported there was no longer a quorum and entertained a motion to adjourn, so moved seconded and carried. Meeting adjourned at 3:00 p.m.
Respectfully submitted,
Jane Hallum
Secretary-Treasurer
MINUTES WERE ADOPTED WITH THE UNDERLINED LANGUAGE ADDED AND THE CORRECT SPELLING OF BRIDGET PAWELCZAK’S NAME ON NOVEMBER 17, 2005.