Executive Board Minutes 8/2007

Executive Board Minutes

August 14 & 15, 2007

Desmond Hotel, Albany, New York

President Brynien called the meeting to order at approximately 9:00 am. Members joined in the Pledge of Allegiance. Three new Executive Board members were sworn in: Lyndon Jones from Audit & Control, Heather Ruggieri from Labor, and Michael Stella from DOT. He announced that new Board member Oji Reed from Tax and Finance will be sworn in on the second day.

APPROVAL OF THE AGENDA

The President proposed one change to the agenda under Member Items. Due to the meeting date change, he asked that member items submitted by Kevin Jones be moved to the first day immediately following the Secretary-Treasurer’s report. A vote was taken on the motion and it passed.

Ronald Goldstein stated that a member item he had submitted to the Secretary-Treasurer regarding stipends that may be received from another union or affiliate by PEF officers was not included on the agenda. Secretary-Treasurer Igoe said that the member item had been received by the cutoff date but had not been included in the agenda because a similar item had been ruled out of order at the previous Board meeting. Mr. Goldstein said that he found a 1999 written opinion from PEF’s General Counsel that indicated that the Executive Board had the authority to pass such a policy. President Brynien gave Mr. Goldstein permission to distribute copies of the document to the Board. The Board then debated the wisdom of adding the member item to the agenda. The question was called, seconded and carried. A vote was taken on the motion and it was defeated.

Bill Sachs moved to include a member item recommending that the President establish a committee on climate change. The motion received a second and debate followed. The question was called and a vote was taken to close debate. A vote was taken on the main motion and it was defeated.

Robert Varano requested that his vote on Bill Sachs’s motion be recorded as an abstention.

A motion was made to close all matters before the house and a vote was taken to close debate.

The agenda was moved, seconded and adopted as amended:

1. Call Meeting to Order

2 . Pledge Allegiance to the Flag

1) ERC # 2006 – 08 Plumey v. Adams (10:00 am on Wednesday, if Executive Board votes to hear)

Kevin Jones requested that the minutes reflect that a discussion was held about recycling during Member Items. President Brynien agreed to his request.

Ron Manuli stated that the minutes did not reflect the outcome of Ron Goldstein’s member item from the May Board meeting. President Brynien agreed and stated that the information will be added.

President Brynien moved to adopt the minutes as amended. The motion received a second and was carried.

President Brynien introduced Don Morgenstern, Chair of the Ethics Committee to provide information about the case. Mr. Morgenstern responded to questions from the Board regarding the committee’s decision. The question was called and debate was closed. A vote was taken on the motion and the committee decision was sustained.

President Brynien reported that since the last Board meeting, he attended several Regional membership meetings, as well as meetings with agency Commissioners from OMRDD, OCFS, DOT and Parks and Recreation.

The President noted that the PEF membership numbers are increasing and that Governor Spitzer is adhering to his promise to hire more state employees.

He stated that PEF requested that the State extend or eliminate some of the sunsets currently in place. The State has agreed to extend “Cross Agency Leave Donation” and “Leave Adjustment for Part-Time Members” until the fall.

He added that PEF received the decision from a petition filed in 2002 to convert MC titles to PEF. PEF was successful in its efforts and has obtained 214 MC positions.

The President announced that PEF’s efforts have helped to save SUNY Upstate Hospital. SUNY Upstate and Crouse Hospital have come to an affiliation agreement that has been approved by the Governor and the Department of Health. They are in the process of preparing a final letter of approval.

President Brynien stated that the Workplace Injury Disclosure Law passed. The first report by Civil Service is due to be produced in September 2008.

He announced that he received a final report from the Flood Relief Program, which was initiated after the flooding last year in Central New York. 55 members received funds from PEF totaling $27,750.

President Brynien added that PEF won their argument regarding the Medicare Part B monies taken from premiums. Refunds were issued to members last month.

The President reported that he was contacted by the Governor regarding PEF’s Cost Benefit Analysis bill. The Governor asked that PEF’s Legislative staff work with his Counsel’s office to develop an administrative solution that would accomplish the intent of the legislation.

President Brynien noted that they have had a number of bills that passed both houses in the Legislature and they are waiting for them to be presented to the Governor.

He announced that the position of Political Organizer/Lobbyist in New York City was filled by Musa Moore.

President Brynien stated that an Executive Labor/Management meeting was scheduled for August 22.

The President discussed short staffing, violence and mandatory overtime problems and stated that PEF received approval to do a study on dental services.

President Brynien noted ongoing problems in Human Rights and announced that a meeting was scheduled with the Commissioner.

He stated that parking has become a problem statewide. PEF is currently meeting with OGS and the agencies to resolve this issue.

The President noted that the move to relocate Buffalo PC has been stopped for now.

President Brynien announced that a Parole Strike Force was established after the last Board meeting. The members of the committee are: Manuelita Clemente, Wayne Spence, Mike Murphy, Richard Mata, Pat Baker, Margaret Messer, Darcy Wells, Marvin Moschel and Roger Scales.

The President stated that they have pressed the State to hold our members harmless for absenteeism and tardiness on the day the subways were flooded in New York City.

President Brynien reported that he met with leaders from UUP, State Troopers, NYSUT and NYSCOPBA. They have requested a joint meeting with Governor Spitzer to discuss the status of negotiations. If the Governor does not agree to the meeting, the group has agreed to take action.

The President added that PEF received a favorable decision from PERB regarding the Parole Fragmentation situation. The PERB Board has affirmed the decision that Parole should not be fragmented away from PEF.

He discussed ongoing problems with lab and vision services, press reports regarding change in the pension fund and mixed success in the Senate and Assembly regarding mandatory overtime.

President Brynien reported that the Governor vetoed the Parole Heart bill, and the bill to extend sick leave for persons injured on the job. He noted three additional bills: geographic reassignment, extensions of retirement health protections and the 25/55 retirement bill for tax investigators are still on his desk. He encouraged Board members to call in support of the legislation.

The President noted that a number of staff members at the School for the Blind were laid off because they had too few students to support the staff members. PEF has been in contact with them to provide assistance wherever possible.

President Brynien discussed the new prescription drug plan, UHC Medco, gave an update on the proposed data centers move from Albany to Utica and noted that we will be starting bargaining for Albany Housing soon.

President Brynien introduced Margaret Messer, Director of Mobilzation, who gave an update on the Allegany County Organizing drive. Ms. Messer reported that the total number of positions is at 56 and they hope to start negotiating their first contract by October.

President Brynien introduced Vice President Lou Matrazzo and Roger Scales, Director of Field Services to give an update to the Board. Vice President Matrazzo stated that they are reinforcing the issue of educational sunsets. He noted that the health benefits coalition is going strong and some of the unions are beginning to coordinate with us on other bargaining issues. He added that negotiations continue to be professional and PEF will continue to reinforce their proposals in detail, but there has not been a great deal of movement to report at this time.

Vice President Matrazzo and Roger Scales responded to several questions from members of the Board.

Ronald Goldstein asked it to be put on the record that the Board supports the Contract Team and Lou Matrazzo.

President Brynien introduced Joe Fox, Vice President and Convention Chair to discuss the proposed change to the Convention agenda. Vice President Fox stated that there would be a significant cost savings to move the Dessert Reception to Tuesday evening before the Dance. He moved to amend the agenda to reflect this change and it received a second. After some debate, a vote was taken and the motion was approved.

Vice President Fox also updated the Board members on other Convention related items, such as: absentee ballots, stipends for delegates, food and beverage guidelines at the hotel and arrangements for housing and travel.

Secretary-Treasurer Igoe moved to approve the proposed change to the Convention Rules of Order. She stated that this change would require World Affairs issues be addressed as the last group of resolutions. The motion was seconded, a vote was taken and it passed.

Secretary-Treasurer Igoe announced that Regions 1, 6, 8, 10 & 11 have volunteered to test the program. She stated that there has been a lot of interest in the program. They have been meeting with Divisions and noted that training will be offered at the Convention.

The Secretary-Treasurer noted that due to several major campaigns, the contingency fund is low. She reported that a plan to save would be added to the budget and stated that PEF’s liabilities and assets are currently balancing out. Secretary-Treasurer Igoe included that the number of members has increased, but due to the addition of seasonal employees, the actual number of new positions is to be determined.

Secretary-Treasurer Igoe moved to pay Marianne Albamont for a half-day of EOL that was denied by GOER and the motion received a second. A vote was taken and it passed.

The Secretary-Treasurer responded to two requests for information from the May Executive Board meeting. Regarding the cost of an afternoon coffee break, she stated that adding the break would be an additional $875 per day. Therefore, it would be cost prohibitive. In addition, there was a question regarding the possibility of scanning the front and back of election ballots. She reported this could be done for an additional cost.

Secretary-Treasurer Igoe reminded the Board members to notify their Stewards and Council Leaders that membership cards need to be submitted as soon as possible. Otherwise, new members may miss deadlines to register for the insurance programs.

Four member items submitted by Kevin Jones were addressed at this time as approved by the Board.

Secretary-Treasurer Igoe noted that she and Kevin Jones have come to an agreement regarding the request. PEF has asked OSC to change the language on the pay stubs to read, “PEF member” or “Non-PEF member”. They are awaiting a response from OSC. The Secretary-Treasurer requested the Board’s approval to continue with this process. There were no objections.

Kevin Jones stated that a press release should be prepared that outlines PEF’s position regarding a Pension Board of Trustees that should be sent periodically to newspapers throughout the state. President Brynien noted that PEF responds when necessary by issuing Letters to the Editor as articles are published. After debate, Mr. Jones removed his item from discussion.

Kevin Jones moved that comments from the Executive Department not be included in future Resolutions packets. The motion received a second and debate ensued. A motion was made to close debate, a vote was taken and debate was closed. A vote was taken on the main motion and it was defeated.

Kevin Jones expressed concern that there were no recycling bins for paper or non-refundable plastic bottles available at the PEF Headquarters office. Secretary-Treasurer Igoe responded that bins were placed on each floor for paper, but it was cost prohibitive to collect non-refundable bottles. Mr. Jones stated that a bin should be placed outside of the conference room area. The Secretary-Treasurer agreed to look into it.

At this time, the President asked for the will of the body to address Political Endorsements or continue discussing member items. A motion was made to finish member items at this time, it was seconded and carried.

James Blake moved that the issue of Automatic Seats for Convention be referred to the By-Laws Committee for review and recommendation. The motion received a second and debate ensued. The question was called, seconded and carried. A vote was taken on the main motion and it passed.

Paula Hennessy requested that a connection be provided from the main PEF website to all Regional and Division websites. The Secretary-Treasurer responded that the websites are run individually and if PEF is provided with the Region and Division website information, it is posted on the main website.

President Brynien called the meeting to order at 9:15 a.m. on August 15^th. Members joined in the Pledge of Allegiance to the Flag.

Vice President and Statewide PAC Chair, Joe Fox reported that the Statewide PAC voted to endorse Hillary Clinton in the democrat presidential primary and so moved the endorsement. There was a second to the motion.

After debating the endorsement, the question was called, seconded and carried. Debate was closed.

The motion to endorse Hillary Clinton in the democrat presidential primary carried. The following Executive Board members requested for the record, a no vote: Ron Goldstein, Craig Speers, John Duengfelder, Ron Manuli, Jim Kersten, and Christine Kleinegger. Ali Khan, for the record, voted yes.

Mr. Fox reported that the Statewide PAC recommended to retroactively endorse Andrew Cuomo for New York State Attorney General. Mr. Fox so moved the endorsement and received a second.

After debating the issue a vote was taken, then challenged and a roll call vote carried for the retroactive endorsement of New York State Attorney General Andrew Cuomo, 48 yes; 43 no; and 6 abstentions.

Mr. Fox , on the recommendation of the Statewide PAC, moved to retroactively endorse Tom DiNapoli for New York State Comptroller and received a second.

Mr. Fox, on the recommendation of the Statewide PAC moved to adopt the proposed Legislative Agenda as printed and received a second.

Second paragraph, line three, after the word “analysis” add: enacted through statutory mandate. Also, fourth line, after the word “contract” add: PEF supports

legislation to restore funding for the Highway Bridge Trust Fund and to prohibit expenditures from the trust fund for any purposes other than inspections, construction or maintenance of the highways and bridge infrastructures.

Mr. Kelefant continued, fourth paragraph, first sentence, delete the words, [in principle] and add the word perpetuating, and at the end of that sentence add: and endorses sunsetting the charters of such agencies. Also, at the beginning of the second sentence, delete the word [use] and replace with the word overuse.

Karl Berger moved to amend the “Improving Working Condition and Benefits” –

To add another paragraph after the third paragraph: The relocation of state employees at various work locations in downtown areas of New York State and New York Cities for the economic benefit of businesses in those cities has lead to serious issues such as those regarding security of and parking for state employees. These issues need to be addressed by the direction of state resources to infrastructure improvements, administrative attention and effective state and local communities.

Mr. Berger received a second to his amendment and it carried. It will be edited into a format for final print.

Craig Speers moved to amend the agenda “Insuring Quality Services” to add after the last sentences of that section, “Any outside contractors who are hired by New York State must be subject to fingerprinting.. Mr. Speers also wanted to amend the “Providing a Well-Deserved Retirement” section to add to the last paragraph of that section “Tier I-B and Tier II retirement vacation credit equity be made a priority.” There was a second to the amendments.

Paula Hennessy moved to amend Mr. Speer’s amendment by substitution, agreed to by Mr. Speers, under the “Insuring Quality Services”: Contractors will be compelled to submit to any background checks, fingerprinting, New York State Central Registered Child Abuse Hotline Clearance and confidentiality agreements required by job placement as is mandated for the state workforce.”

Both amendments were adopted and the State Legislative Agenda was adopted with all the amendments.

Vice President, Statewide PAC Chair, Joe Fox, moved to adopt the Federal Agenda as printed with the change regarding the minimum wage, as it had passed both the Congress and Senate and has been signed by the President.

Charlie Kelefant moved to amend the agenda “Federal Funding for State Positions” at the end of that section: delete the [.] and add: , and public highway construction projects are inspected by engineers and technicians employed by the same public agencies paying for the projects. And then add: PEF supports legislation to provide full funding to the Federal Highway Trust Fund to ensure timely inspection, regular maintenance and reconstruction of the nation’s transportation infrastructure.

Karl Berger moved to amend the agenda to add another section “National Healthcare Insurance” PEF supports the expansion of Medicare described in the HR676 legislation currently under consideration by the US House of Representatives that will provide single-payer health insurance for all Americans.”

Ken Dischel moved to amend the amendment to add after single-payer, “not-for-profit” This was acceptable to Mr. Berger and the body.

Mr. Berger’s amendment and Mr. Dischel’s amendment to the amendment carried.