Executive Board Minutes
President Benson
called the Executive Board to order at
Toni Marie Ciarella,
representing OMRDD was sworn in.
APPROVAL OF THE
AGENDA
President Benson
asked that the endorsement of the Comptroller be moved up, there was a second
and it carried.
Gail Rice moved to
amend the agenda to discuss Division 230 finances. There was no opposition to
the request.
Bernice Jones moved
to delete member item 11.d (OTDA/Div. of Employment) there was no opposition to
this .
Member Items 11.b and
11.e were also deleted as they were covered in reports.
Barbara Posner moved
to amend the agenda to address the Ethics Committee Appeal at
Paul Cecelia moved to
address the Region 9 Ethics Committee report after the President’s report. There was a second to the motion and it
carried.
Vice President Fox
moved to amend the agenda to discuss the 2007
Paula Hennessy moved
to add a member item regarding constituency lists and there was no objection.
Executive Board Minutes
Page 2
The agenda was adopted as follows:
a) Budget
b) “Go Public”
Contingency Appropriation Approval
c) “Fiscal
Fairness Campaign” Contingency Appropriation
d) Retiree Debt
Forgiveness
e) Ad Hoc
Banking Committee Update
a) Comptroller
Hevesi – Address the Board
b) Comptroller
Endorsement
c) Priorities
Update
d) AFT
Resolutions
e) State Budge
Update
f)
Collective Bargaining Negotiations Policy
g) PEF
Retirees’ Constitutional Amendment
h) Approval of
New Election Committee Chair
i)
Discussion on Region 9
a) Constitution
and ByLaws Amendment Article VII.C
b) 2006
Convention
1. Proposed
Convention Agenda
2. Proposed
Convention Travel Voucher
3. 2007 NYC
Convention Dates
c) Division
Committee Report
1. Division 359
– Annexation/Secession Petition
2. Division 245
– Annexation/Secession Petition
3. Division 402
– Secession Petition
d) Ethics
Committee Report
1. Amendments
to the PEF Code of Ethics
2. ERC #2005-12
– failed to hear
e) Statewide
PAC Committee
1. Attorney
General Endorsement
2. Revision of
Statewide PAC Endorsement Policy
a) Board Review
and Interpretation of Improper Practice Region 9
b) Revisit of
Travel Restrictions for Board Members
c) Division 196
Finances
d) Division 230
Finances
e) Constituency
Lists
Executive Board
Minutes
Page 3
APPROVAL OF THE
Bellew McManus stated the attendance sheet did not
reflect that he was present at the November 17-18, 2005 meeting. (The correction would be made)
George Stadnik also reported that he was excused from
the November meeting. (This will be corrected)
The
APPROVAL OF THE
The minutes were adopted as printed.
MOTION TO HEAR ETHICS APPEAL #2005-12
Donald Morgenstern briefed the Executive Board on the
case. There was a motion to hear the appeal, and it
received a second and was denied.
SECRETARY TREASURER’S REPORT
Budget
Secretary-Treasurer Hallum thanked the Budget
Committee and staff for all the work they put into the document.
Scott Ray, Chair of the Budget Committee remarked on changes that were made to
the budget and answered questions.
Jeff Janiszewski moved for adoption of the Budget and
received a second.
Don Morgenstern moved to amend the budget to fund labor
management committees at four dollars per member and put the excess into the
emergency labor management funding.
There was a second to the motion and it was defeated.
Dennis Anderson moved to amend the budget for the
State Comptroller’s labor management from $3500 to $8000. The savings would come from all mailings
being sent electronically. There was a
second to the amendment.
Executive Board Minutes
Page 4
Budget - continued
Don Morgenstern moved to amend the amendment to take
the monies from the additional labor management committee expenses
category. There was a second to the
amendment to the amendment.
Ron Goldstein moved to refer this to a committee
appointed by the President, to look into the expenditures of labor management
committees. There was a second to this
motion and it carried.
The main motion, for adoption of the budget carried.
The motion
previously made by
A motion passed to reimburse Charlie Kelefant for a half
day that had been denied by GOER.
Secretary-Treasurer Hallum referred to last year’s
lobby day, stating the GOER had refused that time and asked for approval for 30
days total with the proper documentation.
The motion was seconded and carried for this reimbursement.
“Go Public” Contingency Appropriation Approval
$175,000
Secretary-Treasurer Hallum moved to appropriate
$175,000 from the contingency fund to continue the “Go Public” Campaign and
keep this issue in front of the public.
There was a second to the motion and it carried. SEIU would be matching
this funding.
“Fiscal Fairness Campaign” Contingency Appropriation
$25,000
Secretary-Treasurer moved that PEF consider a
contribution of $25,000 in 2006 to the New Yorkers for Fiscal Fairness to employ
a staff organizer to produce educational materials to build support for our
budget issues among community organizations throughout the state. There was a second to the motion and it
carried.
Retiree Debt Forgiveness
Retiree Representative Bob Harms moved that the PEF
Executive Board ratify and accept the memorandum of agreement signed by Steve
Muscarella and Roger Benson, thereby discharging any currently existing debt
owned by the PEF Retirees to PEF. There
was a second to this motion and it carried.
Ad Hoc Banking Committee Update
Scott Ray, Chair of the Ad Hoc committee gave an
update on what to date had transpired and reported the committee was seeking
additional information before making a recommendation to the Board. He reported there would be a recommendation
for the Board meeting in June.
Executive Board Recessed for lunch
Executive Board Minutes
Page 5
Executive Board Meeting resumed
PRESIDENT’S REPORT
President Benson gave an update on PEF’s main
priorities
Job Security
Announced there were no proposed layoffs in this
year’s budget. However he reported the
privatization, item reduction, rule changes and closures were all threats to
job security.
Contract
He stated the contract was in place and still had
another year plus to run, expecting three per cent across the board raises in
April, longevity and increments as well as special assignment to duty money
that would be going to DOT for the first time in April.
Retirement Reform
PEF was responding to all attacks around the issue of
retirement and stated we needed to know of any problems throughout the state so
that we could get the information out.
Civil Service Reform
PEF had been very active around the core battery issue
and were attempting to find the legal hook to challenge the change, and would
be prepared to go to court if necessary. President Benson also reported on the attack
in retirement in the state budget regarding the Office for Technology where
they were attempting to implement five year temporaries. They are attempting to take them out of the
retirement system and put them into a defined contribution system similar to a
401-k . PEF is prepared to fight on all
of these issues.
President Benson also spoke on the four major
initiatives that were currently going on simultaneously: Budget Fight Back; Go Public; Nurse Staffing
Campaign and Work Place Violence.
President Benson also gave an update on the Oswego
unit, stating they did submit a petition to PERB seeking decertification from
PEF, which came about after our efforts to renegotiate their contract. He reported that after consultation with the
officers and Executive Council, PEF was not inclined to oppose their leaving at
this time.
President Benson spoke on long term threats; Federal
Budget putting pressure on DOL; America’s Job Bank – long term effort to try
and reduce the Work Force Investment Act; escalation of health care costs;
privatization; defined contribution 401-k type of retirement system; closures
and transfers outlined in the state budget; staying in the first tier of unions
in New York state; and two tier contracts.
President Benson recognized Parole’s leadership, and
stated that we must stay focused on these priorities and answered questions
regarding his report.
Executive Board Minutes
Page 6
In follow up to the President’s report, the following
issues were discussed: Wal-Martization
of Workforces;
Comptroller Endorsement
Vice President and Statewide PAC Chair, Ken Brynien
reported that the Statewide PAC unanimously recommended the endorsement of Alan
Hevesi for Comptroller and so moved the endorsement. There was a second to the motion and it
carried unanimously.
AFT Resolutions
Region 12 Coordinator
“Be it resolved, that AFT Health Care and AFT Legal
departments will aggressively fight to protect nurses rights and forcefully
advocate on this issue as well as utilizing the legislative department in
seeking assistance with this matter.”
“Be it Further resolved, that AFT will work with
attorneys and collective bargaining specialists from several unions and the
AFL/CIO to develop recommended contract language that may serve to mitigate the
damage caused by an unfavorable Board decision.
AFT will also encourage its affiliate unions to do the same. Submitted
by Local 4053 Executive Board,
The resolution was seconded and carried.
The second resolution “A United Nursing Community
Should Be Inclusive and Give Mutual Respect” - this
was also moved by
Vice President Joe Fox moved to amend the resolved, to
read, “Therefore be it resolved, that before AFT supports proposals of change,
which will have an affect on the nursing community as a whole, and before such
proposals are acted upon, AFT will protect the interests of its affiliates by
conferring in a timely manner with all locals representing nurse constituencies
in excess of 300 members.” Submitted by:
Local 4053 Executive Board of the
The amendment was seconded and carried. The resolution was adopted as amended.
State Budget Update
Both Director of Legislation, Brian Curran and
Director of Civil Service Enforcement, Tom Cetrino gave an update on where we
were in the budget process.
They both highlighted on issues President Benson put
forth in his report and answered questions from the Executive Board members.
Executive Board Minutes
Page 7
Collective Bargaining Negotiations Policy
President Benson referred to the document that was
presented to the Board and moved for adoption.
The policy was seconded and carried and will be sent out for inclusion
in the Policy Manuals.
PEF Retirees’ Constitutional Amendment Approval
Retiree representative Bob Harms referred to the
changes to the document and moved that the Board accept the amendments. There was a second to the motion and it
carried.
Approval of New Election Committee Chair
President Benson announced that Edith Cooper, the
original approved chair of the Election Committee, asked that she not continue
as chair due to a change in work environment and would still like to remain on
the committee. President Benson stated
he asked Mary Lou Vasilev to fill that vacancy with the Board’s approval. This was so moved, seconded and carried.
Discussion on Region 9
President Benson asked for a motion to go into
Executive Session to discuss this issue, so moved, seconded and carried.
The Executive Board went into Executive Session at
The Executive Board reconvened at
Executive Board recessed at
President Benson called the meeting back to order on
A moment of silence was observed in the passing of
State Trooper Andrew Spear and New
President Benson reviewed the agenda and Gail Rice
withdrew her item (Division 230 Finances) as the Secretary-Treasurer had resolved
her issue.
COMMITTEE REPORTS
Constitution and ByLaws Committee Report
Region 8 Coordinator and ByLaws Committee Chair, Lou
Matrazzo reported that the committee was asked to look at a change to the
constitution that deleted the words “Executive Department” and change the
number 300 to 250 in Article VII, Section C.1.
Mr. Matrazzo referred to the supporting documentation addressing the
impact of the amendment. He reported that the committee looked into this and
felt there was a lot more work to be done on this issue.
Vice President Joe Fox moved to table the report and
received a second, and the report was tabled.
Executive Board Minutes
Page 8
Convention Report
Proposed Convention Agenda
Vice President and Convention Committee Chair, Joe
Fox brought forth the proposed convention agenda. It was moved and seconded.
Charlie Kelefant moved to add the Engineer’s Luncheon
to Monday’s agenda.
The proposed agenda carried with the inclusion of the
Engineer’s Luncheon.
Proposed Convention Travel Voucher
A motion was made, seconded and carried to adopt the
Travel Voucher, with the word change from “will” to “may” regarding Regional
Coordinator bus travel.
Mr. Fox brought
up the 2007 PEF Convention that was scheduled in
Steve Sherokey moved to delete the September 9 – 12,
date and received a second and the motion was defeated. The main motion carried.
Division Committee Report
Division 245 – Annexation/Secession Petition
Region 3 Coordinator and Chair of the Divisions
Committee, Frank Besser moved for the annexation and secession and received a
second. The motion to allow those
members to remain in Division 245 and also change their constitution to reflect
that change carried.
Division 359 – Annexation/Secession Petition
Mr. Besser moved for the annexation and secession and
received a second. The motion to allow
those members to remain in Division 359 carried.
Division 402 – Secession Petition
Mr. Besser moved, on behalf of the committee, to allow
those members to join the Dick Van Dyke ATC Center and change Article III of
their constitution. This was seconded
and carried.
Ron Goldstein stated he had submitted a policy change
to facilitate the various changes. Mr.
Besser replied that there was a process already in place. Mr. Goldstein withdrew his member item.
Executive Board Minutes
Page 9
COMMITTEE REPORTS – continued
Ethics Committee Report
Amendments to the Code of Ethics
Don Morgenstern, Chair of the Ethics Committee moved
to amend the Code of Ethics to include that “no member or elected official
shall engage in bigotry or discrimination.
This motion was seconded and carried.
Mr. Morgenstern also moved to amend the Code of
Ethics, “that the meetings of the Ethics Committee will be held in Executive Session
and that all members of the committee will have an obligation for
confidentiality.” There was a second to
the motion and after debate, the amendment to the Code of Ethics carried.
Statewide PAC Committee Report
Attorney General Endorsement
Vice President and Statewide PAC Chair, Ken
Brynien, reported that the Statewide PAC
had interviewed all potential candidates and reported that the committee
recommended the endorsement of Mark Green as Attorney General. This was moved and seconded.
Wayne Bayer moved to postpone consideration of the
motion until the next scheduled Executive Board meeting. There was a second to this motion. After debating the wisdom to postpone, the motion
carried and would be addressed at the next Executive Board meeting.
Revision of Statewide PAC Endorsement Policy
Mr. Brynien stated there had been a request made to
investigate whether Regional PACs had guidelines in place regarding their
endorsement decisions and standards and how that might be enforced. He stated the committee reviewed each regions
guidelines and came up with the following language to add to the end of #5. “If
any region is unable to adhere to the Regional PAC
guidelines before making any endorsement recommendations, it shall notify the
Statewide PAC of the situation when it makes its recommendations, so the
Statewide PAC can consider the situation during its deliberations.” This was so moved and seconded.
Wayne Bayer moved to amend the amendment to read after
the word can, “rule that recommendation out of order.” There was no second the this motion.
The main motion by Mr. Brynien carried to amend the
policy. Wayne Bayer voted no on this
amendment to the policy.
At this time Comptroller Alan Hevesi addressed the
Executive Board and thanked PEF for his endorsement.
Ms. Posner questioned Secretary-Treasurer Hallum about
the apportionment at the Labor
Department caucus held at the September
2005 Convention.
The Executive Board recessed at
Executive Board Minutes
Page 10
The Executive Board meeting reconvened
Parole Scholarships
Richard Mata and Darryl Stevenson, with the help of
Region 1 Coordinator Joyce Degenhardt and Region 11 Coordinator Jemma Marie
Hanson drew the following names for scholarships: Randy Blais, Sal Casmassima, Lisa Langenfeld,
Craig Brooks, Bernard Lee, Francis Herman, Ken Wilson and Joel Kissane. The four alternates were: Ben Whippen, Richard Gentile, Michael Crowley
and Betty Fenner.
The above listed are unofficial winners.
MEMBER ITEMS
Board Review and Interpretation of Improper Practice
and Implications of Policy in Region 9 Cases – Cardus
Region 9 Coordinator Neila Cardus reported to the
Board that this case had gone to PERB and she had spoken with President Benson
regarding the IP.
Revisit of Travel Restrictions for Board Members –
Varano
Mr. Varano asked the Board for their wisdom and if the
Secretary-Treasurer could possibly review the travel restrictions policy and
have something that was more in line with doing more visits than originally set
forth. Both President Benson and
Secretary-Treasurer Hallum replied that the Division structure allows for
issues of representation. Mr. Varano
stated he understood and accepted the rationale, but felt that his constituents
could suffer.
Division 196 Finances – Degenhardt
Region 1 Coordinator Joyce Degenhardt brought up an
issue that had transpired with the Division 196 finances and spoke of her
concerns regarding this.
There was a motion to move the agenda that was
seconded and carried.
Constituency Issues - Hennessy
Ms. Hennessy moved that the Trustees report at the
June Executive Board meeting
on the problems of establishing membership and
accuracy of the constituency lists.
A motion to adjourn was seconded and carried.
The Executive Board adjourned at
Respectfully submitted,
Jane Hallum
Secretary-Treasurer
THE MINUTES WERE ADDOPTED ON JUNE 8, 2006 AS PRINTED.