PEF CODE OF ETHICS

  

In 1980, a Code of Ethics was adopted by the Executive Board. Recommended by the PEF Ethics Committee, the code includes a mechanism to deal with violations of the PEF Code of Ethics, as well as violations of the PEF Constitution, Special Rules of Order, and PEF policy, as set forth herein. The code was amended in 2006.

 

VIOLATIONS

 

PEF, its officers and members may be charged with:

 

1.                  A violation of specific provision(s) of the PEF Constitution and Special Rules of Order, or,

 

2.                     A violation of the PEF Code of Ethics, or

 

3.                     A violation of the Guidelines for PEF E-Mail accounts, or

 

4.                     A violation of the PEF policy on personal gifts and gratuities, or

 

5.                     A violation of the PEF professional conduct policy.

 

CODE OF ETHICS

 

1.                  No member shall use the PEF name or logo for other than official PEF business.

 

2.                  Only official PEF literature shall be posted on PEF bulletin boards provided under contractual rights by the collective bargaining agreement with the State of New York.

 

3.                  Only official PEF business shall be conducted at meetings arranged in the name of PEF. Meeting space at PEF-operated facilities shall be allocated in a fair and equitable manner.

 

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 committee(s).

 

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.

 

6.                  No official PEF letterhead, PEF publication, or PEF Internet Website will be used to endorse a PEF member for union election.

 

7.                  Official PEF publications and PEF Internet websites will not be utilized for individual accusations which are slanderous or which effectively amount to character assassination of other PEF members.

 

8.                  No steward shall be denied the opportunity to have a meeting convened to deal with issues of interest to that steward or his/her constituency.

 

9.                  No member or officer shall bring charges of a malicious or frivolous nature against another member or officer.

 

10.              No elected official shall engage in corrupt or unethical practices by taking money, books, records or other property belonging to PEF or its divisions. The unauthorized destruction; alteration; or mutilation of records, vouchers, or receipts will constitute a violation of this code.

 

11.              No officer or member shall abridge the rules and procedures adopted by the PEF Convention or Executive Board, nor violate an oath of office.

 

12.              No member or officer shall engage in corrupt practices or racketeering.

 

  1.       No elected PEF official shall engage in dual unionism or advocate secession

from PEF.

 

14.      No member or elected official shall engage in bigotry or discrimination.

 

ENFORCEMENT

 

To enforce the provisions of this code, the President shall appoint members to a Committee on Ethics and Responsibility (Ethics Committee), who will make periodic reports to the Executive Board on the status of cases and other matters brought to the attention of the committee.

 

PROCEDURE

 

A.         Charges

 

Charges may only be initiated by PEF officers or members in good standing. The

written charges must be legible and specific, and filed on a form provided by the

Ethics Committee. This form shall be signed by the charging party and notarized.

The form shall contain:

 

  1. Name, address, title, and work location of the charging party.

 

  1. Name, address, title, and work location (if known) of the accused,

 

  1. A citation of the specific ethics code by number and/or specific paragraph of the Constitution, and/or PEF policy, as set forth herein allegedly violated.

 

  1. A clear and concise statement of the facts surrounding the charge, to include the date and place of occurrence as well as the date of discovery of the alleged violation. The names of witnesses should be identified, and their statements included, Attach documentation to substantiate the charges. The onus for producing evidence and investigating the issues rests with the charging party.

 

  1. If a member is convicted in a court of law or enters into a plea bargain agreement for misuse or misappropriation of union monies, or if the union obtains a civil judgment against a member for the misuse or misappropriation of union monies, or as part of a settlement agreement between the union and the member, the member agrees to reimburse the union for monies improperly obtained or disbursed, PEF’s Secretary-Treasurer shall be informed of the conviction, judgment or settlement Agreement.  The Secretary-Treasurer is then mandated to file charges on behalf of PEF against the member with the Ethics Committee.  This paragraph shall not preclude other Officers or members in good standing from filing charges with the Ethics Committee against a member for the alleged misconduct set forth in this paragraph.  

 

B.            Filing

 

The form shall be filed in duplicate with the Secretary-Treasurer of PEF, or with the President, in the event the Secretary-Treasurer is named. These officials shall refer the case immediately to the chair of the Ethics Committee. Charges must be filed no later than 60 days after the charging party discovers the alleged violation. If a charge is filed against a group, each member of that group must be named in the charge and must be notified.  The date of filing shall be the date of the postmark or the day of hand delivery to the Secretary-Treasurer as evidenced by a signed receipt.

 

 

The Secretary-Treasurer shall serve the respondent with a copy of the charges either personally or by certified mail, return receipt requested, directed to the last known home address of the respondent.  The respondent shall have 20 days in which to respond if personally served.  If the charges are served by mail, the 20 days to respond begins to run 7 calendar days from the date of mailing, as shown by the date of postmark.  The same time to respond applies in the event the document is undeliverable or refused. Copies of all correspondence, to include the response of the accused, shall be forwarded to the Ethics Committee for review and resolution. A copy of the respondent’s reply will be sent to the charging party.

 

 

C.         Ethics Committee

 

A committee of five members in good standing shall be appointed by the President. A quorum, consisting of at least three Ethics Committee members shall be required to consider and render a decision on charges; all decisions will be by majority vote. Meetings of the Ethics Committee will be held in Executive Session and all members of the Committee will have an obligation for confidentiality.  The committee will make every effort to meet within 60 days of receipt of the grievance to review each case. The committee may:

 

  1. Dismiss or deny the charges if the committee finds no substantial evidence of a constitutional or ethics code violation; or

 

  1. Sustain the charges and issue an ethics opinion to the parties by certified mail, return receipt requested, defining their responsibilities under the Constitution, Code of Ethics, or PEF policy if violations are found to be of a minor or technical nature.

 

  1. Refer the matter to the President for a hearing before a Hearing Panel, if it finds substantial evidence of a more serious violation of the Constitution, Code of Ethics, or PEF policy.  (See Section E)

 

Internal committee rules of decorum may include a provision that impacted individuals and witnesses may be invited to attend committee meetings. The purpose of such an invitation shall be to obtain more information or to clarify an issue in the charges or in the response. Members should be informed of the status of their case after submission, as well as be told reasons for sustaining or dismissing cases. The chair will prepare a summary of the cases to be presented to the Executive Board to simplify understanding of issues.

 

Additionally, all correspondence relative to cases will be made available to all parties, and committee members will not accept phone calls from litigants except to identify procedures, documents, and resources.   The chair will excuse a committee member should the appearance of conflict of interest surface.

 

D.         Appeals to Executive Board

 

  1. Appeals of Ethics Committee decisions dismissing charges or sustaining charges found to be of a minor or technical nature may be brought to the Executive Board by any party to the charge. Appeals may also be brought to the Executive Board by any party to the charge from any Hearing Panel decision. All appeals will be filed with the Secretary-Treasurer within sixty (60) days of the receipt of a decision.

 

  1. The appeal must be received in duplicate by the Secretary-Treasurer (or President). The appeal shall contain a concise statement of the facts that the appellant feels warrants such an appeal.

 

  1. The Executive Board, upon one-third (1/3) vote of those present and voting, shall hear the appeal at its next scheduled meeting, provided that the appellant postmarks the appeal within thirty (30) calendar days prior to the meeting,

 

  1. In-person presentations to the Executive Board by the appellant or other parties to the grievance will require a majority vote of the Executive Board. Travel and other expenses to attend the appeal will not be provided by PEF. There will be no requirement on the part of PEF or the Executive Board to schedule hearings or appeals for the convenience of any of the litigants, nor will postponements be granted to accommodate such parties.

 

  1. A majority vote is required to overturn a decision by the Ethics Committee.

 

 

  1. Board members party to the grievance will not be allowed to vote.

 

  1. A decision by the Executive Board will be considered final.

 

E.         Hearings Before the Hearing Panel

 

  1. Upon receipt by the President of a charge referred by the Ethics Committee for a hearing, the President shall appoint a five-person Hearing Panel, subject to confirmation by the Executive Board, to preside at the hearing or trial. The members of the Hearing Panel shall be members of the Executive Board.  No party to the charge or potential witness to the events at issue in the charge may be a member of the Hearing Panel.

 

  1. The accused may appear before the Hearing Panel in person and with witnesses to answer the charges. A full and fair hearing will be conducted, with the accused afforded the right to question witnesses and examine any evidence presented by the charging party. Witnesses need not testify under oath. The accused may select another PEF member to represent him or her in the presentation of a defense. The accused may elect to present a defense in writing rather than personally appear. In the absence of a written or personal defense, the hearing or trial shall still proceed.

 

F.          Judgment of the Hearing Panel    

 

  1. Upon completion of the hearing the Hearing Panel shall vote on whether to sustain the charges in whole or in part. A majority vote of the Hearing Panel shall be required to sustain the charges. The Hearing Panel shall render its decision within thirty (30) calendar days of the end of the hearing or trial. The Hearing Panel’s decision shall include a summary of the evidence presented and shall state the basis upon which the decision was made, The Hearing Panel’s decision shall be sent by certified mail, return receipt requested, to the accused, the charging party, and to such other persons as may be deemed appropriate. If the charges are not sustained, they shall be dismissed.

 

  1. If the charges, or any portion thereof, are sustained, the Hearing Panel shall render judgment and may impose discipline. Discipline may include:

 

a.         Requirement that the guilty party or parties conform to the Constitution or Code of Ethics.

 

b.        Commands to do or perform or restrain from specific acts.

 

c.         Reprimand.

 

d.        Deprivation of PEF privileges.

 

e.         Removal from office

 

         f.          Suspension or expulsion from PEF.

 

 

G.         Failure to Comply

 

Failure by an elected official to comply with a final judgment imposing discipline shall be considered an action detrimental to PEF’s interest and may lead to impeachment, as governed by Article XIII of the PEF Constitution and Bylaws.

 

Failure by a member to comply with the decision of the Executive Board will be grounds for the board to take further disciplinary action.

 

H.        Judgments of the Hearing Panel are final unless an aggrieved party appeals the

             decision to the Executive Board.

 

SEIU VIOLATIONS:

 

In the case of charges filed under SEIU Constitution, those appeals shall be pursuant to

Article XVII, Section 6, 7 and 8 of that constitution.

                                                       

                                                                                                Adopted:  March 8, 1996

                                                                                                            Executive Board Meeting

 

                                                                                                            Revised:  March 3, 1999

                                                                                                            Executive Board Meeting

 

                                                                                                            Amended:  June 7, 2002

                                                                                                            Executive Board Meeting

 

                                                                                                            Revised:  November 22, 2002

                                                                                                            Executive Board Meeting

                                                                       

                                                                                                Revised:  August 5, 2005

                                                                                                Executive Board Meeting

 

                                                                                                Amended:  March 3, 2006

                                                                                                Executive Board Meeting

 

                                                                                                Revised:  August 18, 2006

                                                                                                Executive Board Meeting

 

                                                                                   

 


 

Rules of Procedure For Hearings (Before Hearing Panel)

 

 

1.  The Secretary-Treasurer will notify all parties to the charge by certified mail, return receipt requested, at least 30 days in advance of a hearing or trial as to the date, hour and place that the proceedings will take place.  Copies of the Committee on Ethics and Responsibility’s summary and recommendations and these rules will be forwarded at that time.

 

2.  The parties to the charge will present their own cases or have another PEF member present the case.  Outside attorneys will not be present during any proceedings.

 

3.  Relevant evidence, whether presented through documents or testimony, will be reviewed by the Hearing Panel.  Hearsay evidence is admissible.

 

4.  Witness lists with descriptions of the proposed testimony will be submitted to the Hearing Panel in advance.  The Hearing Panel may direct that a party to the charge cut their witness list should considerable duplication and redundancy be apparent.

 

5.  The Committee on Ethics & Responsibility will present a written and oral summary of its findings to the Hearing Panel.

 

6.  All hearings shall be held in executive session.  Only parties to the charge will be present.  Witnesses will be called in order and admitted when their testimony is called for.  The Hearing Panel will announce at the beginning that the proceedings are in executive session, and that there is an obligation for confidentiality.

 

7.  Each party to the charge will be allowed to make a presentation for up to 15 minutes.

 

8.  Witnesses will be allowed to testify for up to 15 minutes each unless the Hearing Panel determines that additional testimony is needed.

 

9.  Cross-examination of witnesses, grievants and respondents will be allowed.

 

10. Each side to the dispute will be allowed 15 minutes to summarize their respective positions.

 

11. The Hearing Panel shall be authorized to adopt such other rules of procedure as are necessary to ensure an orderly and efficient proceeding and to provide all parties’ due process.

 

12.  At the conclusion of the hearing, all parties to the dispute will withdraw.  The Hearing Panel will then debate the issues.  A majority vote will then decide whether to sustain or deny the charges, and what penalty if any shall be imposed.

 

Note:  As a matter of procedure, the Secretary-Treasurer will notify all parties to the case within 30 days by certified mail, return receipt requested, of the result of the hearing, and will ensure that the penalties (if any) are enforced.

                                                                         Rules 1 – 12 Adopted August 5, 1994

                                                                        Executive Board Meeting