Executive Board Minutes
August 17 – 18, 2006
Desmond Hotel, Albany, New York
President Kenneth Brynien called the Executive Board meeting to order at 9:00 a.m., Thursday, August 17th, 2006. Members joined in the Pledge of Allegiance to the Flag.
President Brynien introduced the statewide officers, regional coordinators, newly elected Board members, and Trustees. The full body was officially sworn in.
APPROVAL OF THE AGENDA
There were a couple minor changes to the agenda, regarding where they would be addressed. Ron Manuli moved to have the Pension Benefits Equality reinstated, received a second and it carried to be addressed at the end of the member item topic.
The agenda was adopted as follows:
Approval of Special Elections Committee
a) Political Action Committee Report
1. PAAEC Election
2. Legislative Agenda
a) State
b) Federal
3. Endorsements
b) Convention Committee Report
a) Financial Review
b) “Go Public” appropriation
c) “Parole Fight Back” appropriation
d) Flood Disaster Funding
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August 17-18, 2006
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APPROVAL OF THE AGENDA - continued
c) Ethics
1. 2006-03 – Gupta vs. Sanyal (Fri 10:00 a.m. if vote to hear)
2. 2005-16 – Kopyt vs. Lewis (Fri. 10:00 a.m. if vote to hear)
12. Member Items
a) Update on Membership Lists – Goldstein
b) Appeals sent by registered mail – Goldstein
c) OSC picnic dispute – Anderson
d) Pension Benefits – Manuli
APPROVAL OF THE MINUTES
A motion was made and seconded to adopt the June 8-9, 2006 Executive Board minutes. The minutes were adopted as printed.
Motion to Hear Ethics Appeal 2006-03 – Gupta vs. Sanyal
Donald Morgenstern, Chair of the Ethics Committee provided background on this appeal and disseminated further information to the Board regarding the case. The motion to hear the appeal was brought forth, seconded and failed.
Motion to Hear Ethics Appeal 2005-16 – Kopyt vs. Lewis
Mr. Morgenstern explained the merits of the case involved, and moved for a decision as to whether to hear the case. The motion to hear the case failed.
At this time Robert Varano moved that special recognition be given to former board members that left the Board due to the election. The motion was seconded and carried.
President Brynien requested that it be PEF policy that a plaque be provided to all outgoing Executive Board members who were retiring or not running again. This motion was seconded and carried.
PRESIDENT’S REPORT
President Brynien thanked all the members of the Board who took the time and made the effort to participate in the PEF elections regardless of their political affiliations and stressed the importance all working together with one common goal. He went over the deficits the state was facing and how we needed to make our own recommendations as to cost saving measures and asked that labor management committees look to see what waste there was in their agencies.
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PRESIDENT’S REPORT - continued
President Brynien also spoke on improving communications with the membership and working with other professional groups that have a common interest with us preserving services and working with the public. He reported that Vice President Pat Baker would be in charge of heading up the project and establishing coalitions. Regarding negotiations, he reported that he had already spoken specifically with heads of some of the other Public Employee unions to get them to jump on board with some coordinated bargaining. Regarding Political action
Mr. Brynien stated PEF was going to be more active in political races, with volunteers working at various campaign headquarters. To enhance the political department, there would be a change in structure at PEF to merge the political department and the mobilization department and a political legislative position would be filled at the New York City office for a presence there.
Approval of Special Elections Committee
The following members were brought forth for consideration to this committee:
Craig Walek from DOT; Anna Schrom from Health; and Beverly Tomani from Corrections. The names were seconded and carried.
This concluded the President’s report.
POLITICAL ACTION COMMITTEE REPORT
Vice President, Statewide PAC Chair, Joe Fox thanked President Brynien for his appointment and stated he asked Vice President Pat Baker to co-chair the New York City area with him to better organize that part of the state and become more significantly involved. He thanked Ms. Baker for accepting.
PAAEC Election
The following members were nominated:
Lou Matrazzo nominated Kevin Jones
Ron Goldstein nominated Wayne Bayer (declined)
Tom Comanzo nominated Dennis Anderson
Frank Besser nominated Bernice Jones
Kevin Hintz nominated Kevin Kallin
Lou Ferrone nominated Charlie Kelefant
Wayne Spence nominated Debbie Egel
Susan Kent nominated Herb Hennings
All of the above accepted except Wayne Bayer.
The following members were elected to serve on the PAAEC, after three votes:
Dennis Anderson, Charlie Kelefant and Bernice Jones.
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August 17-18, 2006
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Legislative Agendas
State Legislative Agenda – Vice President Fox, moved on behalf of the Statewide PAC, to accept the agenda as printed. There was a second to the motion.
Paula Hennessey recommended additional language to the “Ensuring Quality Services” section that the state should train and retrain the state work force in order to make them productive. Mr. Fox agreed with Ms. Hennessey and the appropriate language would be included.
Susan Kent recommended language be included regarding state employees that attain 30 years of service prior to attaining age 55 regarding banking the sick leave accruals for their health insurance when they retire. Mr. Fox agreed with Mr. Kent and the appropriate language would be included in the “Providing for a Well-Deserved Retirement”.
Jim Kersten recommended language be included in the “Providing for a Well-Deserved Retirement” that reflects sick leave accruals and overtime be counted toward the pension calculation. Mr. Fox agreed with Mr. Kersten and the appropriate language would be included.
Germaine Greco recommended language in the “Improving Working Conditions and Benefits” section that state employees should be earning no less than the average prevailing wage. Mr. Fox agreed with Ms. Greco and the appropriate language would be included.
Todd Fryer recommended to delete the words “per diem” in the last paragraph of the “Ensuring Quality Services” section of the agenda. Mr. Fox stated this would be done.
George Stadnik recommended that COLA language be included and fighting the potential tier five. Mr. Fox stated this would be included.
The amended State Legislative Agenda was adopted with the recommended amendments.
Federal Legislative Agenda
Vice President Fox presented and moved the Federal Legislative Agenda.
Wayne Bayer moved to add the following language under the federal funding for state positions, next to the last line, after the words: “or other entities”, add a coma and the words “including academic research foundations”. This was acceptable to the Board.
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Federal Legislative Agenda - continued
Mr. Bayer also moved, under the Pay Equity for State Employees” section to add the words, under item two, after the words “pay”, add “per diem allowances.”
Mr. Bayer also moved, under “Environmental Protection” after the last sentence, after “PEF supports” add the word “full” and at the end of the sentence delete the period and insert the following words, “and opposes further attempts on weakening the existing environmental laws and regulations. The Board was agreeable to the amendments and Mr. Fox said the language would be included.
Jim Blake recommended language to consider funding for criminal justice agencies and different police initiatives.
Mr. Fox agreed that there should be a separate section that would oppose all block grants.
Kathy D’Arminio recommended language to update the Disability Determination Process to include that medical consultants not be required to obtain SSI certification. Mr. Fox stated this language would be included.
Karl Berger recommended there be language supporting the minimum wage increase. The Executive Board agreed to this and Mr. Fox stated it would be included.
Ron Goldstein recommended language that allows unions to have a voice in endorsements. This was agreed to by the Board. He also recommended that state and local employees should be paid no less than what federal employees in the same locality are getting paid. This was not agreeable to the Board.
Also it was voted that Criminal Justice agencies be eliminated in the Block Grant language.
Debbie Egel recommended under the Fair Labor Standards Act and the Hatch Act, language be inserted that PEF either opposes or PEF supports.
Debbie Egel questioned whether it could be included that PEF oppose any attempt by the NLRB to interfere with supervisor’s rights to participate in collective bargaining. Mr. Fox thought this would be a good idea.
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Federal Legislative Agenda - continued
Nithia Chatterjie spoke of his concern with the newly created wording in the Federal Funding for State Positions, with respect to “research foundations”. After discussing the issue, Mr. Fox stated we would look at this language and make sure we were not harming any of our members.
Craig Speers recommended to add the language to the Veterans’ Benefits to include “and for all United States military hospitals and also, to support increased disability benefits for dependents of active duty personnel.” There were no objections to this language being added.
Charlie Kelefant recommended, under Federal Funding for State Positions, to add language that PEF supports legislation that would mandate that cost benefit analysis be done before contracting out for services such as FHWA. Mr. Fox stated that ninety-nine percent of the time we can prove that we do it cheaper and language was not necessary.
The Federal Legislative Agenda was adopted with the recommended changes.
Endorsements
Vice President Fox moved for the endorsement on the recommendation of the Statewide PAC to endorse Hillary Clinton for U.S. Senate. There was a second to the endorsement and it carried.
Congressional
Vice President Fox stated there was a change in the document regarding CD Seat 19, and the endorsement recommendation was actually John Hall. He asked that if there were concerns on the statewide PAC endorsements, to request that the seat be set aside and discussed. It was requested to set aside CD 6 and CD 29.
The Statewide PAC recommendations of the remaining Congressional endorsements carried.
Craig Speers brought up the issue of Mr. Meeks vote in favor of the Central American Free Trade. After discussion, the Board voted to endorse Mr. Meeks as recommended by the Statewide PAC.
Charlie Kelefant stated he was definitely in favor of the Statewide PAC endorsement of Eric Massa and the Board supported this endorsement.
The Congressional endorsements were adopted with the change to endorse John Hall in the 29th CD.
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New York State Senate
Mr. Fox moved the Senate endorsements as recommended by the Statewide PAC.
He again requested members concerned with endorsement, ask to have them set aside.
Herb Hennings asked to set aside SD 45; David Chudy asked to set side SD 60; Susan Kent asked to set aside SD 44. The remaining NYS Senate endorsements were adopted as recommended by the statewide PAC.
Susan Kent voiced her concerns regarding the endorsement of Hugh Farley in the 44th SD. After discussion, the Board voted with the Statewide PAC recommendation to endorse Hugh Farley.
Bill Crotty spoke in favor of endorsing Elizabeth Little in SD 45. Herb Hennings commented that Mr. Crotty had answered his concerns in this endorsement. The Board endorsed Elizabeth Little as the Statewide PAC had recommended.
David Chudy voiced his concerns regarding the endorsement of Marc Coppola in SD 60. After discussion, the Board voted to endorse Marc Coppola in the 60th SD as the Statewide PAC recommended.
The NYS Senate endorsements were adopted as recommended by the Statewide PAC.
NYS Assembly
Vice President Fox moved the New York State Assembly endorsements with the change in AD 22, Grace Meng. He stated she was disqualified as she did not live in the district and after the Statewide PAC met again, they endorsed Ellen Young.
He again asked if anyone wanted to discuss any particular recommendation. Ron Goldstein wanted to set aside AD 64, Sheldon Silver’s seat.
Mr. Goldstein voiced his concerns regarding the closing of the New York City TCC and did not feel PEF should endorse Mr. Silver.
The New York State Assembly recommendations by the Statewide PAC were adopted with the correction to Seat 22, Ellen Young endorsement and a correction in the party affiliation of AD Seat 146 Jack Quinn, should read “R” not “D”.
This concluded the Political Action Committee Report.
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August 17-18, 2006
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Convention Committee Update
Vice President and Convention Chair Committee Joe Fox, reported that the on-line registration seemed to be going quite smoothly, but there would be a problem with the smoking rooms, as there were very few at Lake Placid.
SECRETARY-TREASURER’S REPORT
Secretary-Treasurer Igoe announced that this was a new start and she would be reasonable but her main responsibility was the fiduciary responsibility of PEF, and reminded the Board members if everyone follows the policies of PEF, there would be a lot less disagreements. She would also be available to speak about any of the differences and resolve them with mutual respect for each other and understanding.
She reported that the budget was on target and the spending was in line with the forecast for 2007. The membership at this time was 55,000, but the conservative budget would be based on 52,000 members.
She reported that the Accounting department was putting in some software that would subtract automatically the spending of the individual budgets, and if there was not enough money in the budgets, monies would not be available
Ms. Igoe also announced that the contingency fund was consistently being reduced as there were fight back campaigns and no monies were being put into the fund.
Ms. Igoe answered follow-up questions regarding her report.
Flood Disaster Funding
Secretary-Treasurer Igoe spoke on the devastation caused in the western and southern tier part of the state from the recent flooding and reported that after the administration had visited that area. She then requested that PEF contribute monies to those members. She asked for a motion that PEF allocate a total of $50,000 to establish a Flood Relief Fund for PEF members affected by the June 2006 flooding. The motion that the fund would provide a $500 payment for PEF members that could document losses resulting from the flood. Also, the total amount expended would be capped at $50,000 and applications would be accepted until December 31, 2006. The applications for the funds would be processed as received and any funds remaining at the end of the application process would be returned to the Contingency Fund. This motion was seconded and carried.
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“Go Public” Appropriation
Ms. Igoe reported there was still one remaining bill that the legislature had acted on and was awaiting action by the Governor and that was the Cost/Benefit Analysis bill. Ms. Igoe moved that the Board appropriate up to $50,000 for advertising and whatever needed to fight back and get a veto override by the Senate and Assembly. This appropriation received a second and after discussion was adopted.
Parole Fight-Back Appropriation
Ms. Igoe requested that $28,000 be reallocated from the DOL fight-back contingency fund allocation, that had not been completely expended, to Parole to continue their fight back of the continuing struggle against the degrading style of management at the Division of Parole. The motion was brought forth, seconded and carried.
Update on Defibrillators - PEF Offices
Secretary-Treasurer Igoe reported that staff in the Central Office had been trained and the defibrillator would be in place within the next few days.
This concluded the Secretary-Treasurer’s report.
The meeting recessed at 3:00 p.m., Thursday, August 17th, 2006.
President Brynien called the meeting back to order 9:00 a.m., Friday, August 18th. Members joined in the Pledge of Allegiance to the Flag. Bob Purtell representing OMRDD and Michael Murphy from Parole were sworn in.
Election Committee Report
Mary Lou Vasilev, Chair of the Election Committee referred to her interim report and also spoke on the questions submitted from Ms. Kent. She stated that she would be submitting a final report at the next Board meeting and answers to their questions presented would be addressed at that time.
Several Board members spoke on the contents of the interim report and Ms. Vasilev explained that a full report would be forthcoming for the next Executive Board meeting. After discussion on the report, the question was called and seconded. The report was concluded.
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August 17-18, 2006
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MEMBER ITEMS
Update on Membership Lists – Ron Goldstein requested an update and Secretary-Treasurer Igoe responded that PEF would be sending out with the quarterly reports a list of people that have separated from the state and new hires and that these reports would be sent to whom ever normally received those reports.
Appeals Sent by Registered Mail
Ron Goldstein remarked on the expense of sending registered mail regarding appeals. Secretary-Treasurer Igoe responded that after looking into registered vs. certified, it was less expenses to use certified.
After discussion, Bob Varano moved to amend the policies to use certified mail return receipt requested, wherever registered mail occurs in the policies. There was a second to the motion, and it carried with the two-thirds required vote.
OSC Picnic Dispute
Dennis Anderson moved that PEF boycott Crystal Cove in Rensselaer County starting October 1, 2006 through October 1, 2009, and that the Secretary-Treasurer not reimburse any expenses submitted for Crystal Cove during that period. The motion received a second. After debating the issue the motion was defeated.
Pension Benefits
Ron Manuli moved the following: PEF would make the following a higher priority, therefore use all of its appropriate resources to obtain via contract negotiations and or legislation as appropriate an allocation of one hour of sick time per pay period for all PEF employees hired between 4/l/82 and 4/l/03 for the sole purpose of off setting health insurance premiums and services credit upon retirement from New York State service. There was a second to the motion.
(Intention not a mandate to achieve but a mandate to work on) After debating the issue, it was defeated.
Meeting adjourned at 11:00 a.m. Friday, August 18th, 2006
Respectfully submitted,
Arlea Igoe
Secretary-Treasurer