PEF/OAG STATEWIDE L/M MEETING

7TH FLOOR, AGENCY BUILDING 4, ALBANY, NY

SEPTEMBER 26, 2006

 

DRAFT MINUTES

 

Present:

PEF

Brian Smith, Chair

Al Yasus

Paul Mathews

Peter Sparagna

John Grimes

Mark Hoops

Ed Ray, Field Representative

Josephine Rice, Recorder

MANAGEMENT

Sylvia Hamer, Chair

Robert Pablo

Eric Schwenzfeier

Kathleen McGrath

 

ISSUE

A. Review Minutes – April 18, 2006

 

DISCUSSION

See attached revised draft.

 

ISSUE

B. Status of the Contractors in the Applications Development Unit of Legal Tech

 

DISCUSSION

S. Hamer: We need someone sensitive to provide more PS than NPS and increase fill levels. E. Schwenzfeier: A number of contractors should change depending on fill levels as needs dictate. A. Yasus: As we pick up the software knowledge, there’s less need/reliance on contractors. S. Hamer: It depends on what project executive staff is trying to move forward and what needs immediate attention. We will go out to get knowledge needed for a project. Unless the Chapter 10 requirements are lifted, it will be difficult for agencies to attain their fill level.

 

A. Yasus: We have in excess of twelve vacancies in Troy, Legal Tech. Contractors were brought in because of vacant positions. S. Hamer: Currently several contractors are in that area because we have a project need. Every division chief has to go through the process. Once the request is approved or denied, it’s forwarded to me for review, in addition to other requests from the entire agency.

 

A. Yasus: I printed twenty-six pages of postings but none of the IT titles came up. R. Pablo: Every position is posted on Silvernet, the other site is optional. It does not reflect the positions we are recruiting. S. Hamer: I can’t say we are trying to backfill every item. Legal Tech is the only unit in this agency with a dedicated Human Resources Department. There’s a constant recruitment push. E. Schwenzfeier: By far, the amount of waivers for Legal Tech are above any other bureau. A. Yasus: Three to four contractors start on any given day when the previous day three employees left. I’m concerned with precipitating vacancies and contractors doing the work as opposed to new hires. E. Schwenzfeier: These jobs aren’t to replace permanent employees. S. Hamer: When those in your bureau are promoted, that position is left vacant. Speak with Rob Vitello or Benny Thottam. E. Schwenzfeier: If someone leaves and we can have a contractor in the next day, that should be viewed as a good thing. R. Pablo: Almost everyone is working on the high priority, Silvercard project. Some are slated to leave when roll out is completed. Some will remain for the transition. It takes months to fill one permanent position. A. Yasus: Some contractors last two years. They are involved in the day-to-day work that PEF used to perform. Are we looking to fill them with PEF titles and save millions? S. Hamer: You need to give me specifics on what contractors have been here two or more years. E. Schwenzfeier: Seldom does a position vacate in Legal Tech that R. Pablo doesn’t vigorously backfill, and it’s seldom denied. It may be difficult to find candidates. You have the benefit that many don’t of getting a set of hands in there in the interim. It works differently in HR than Legal Tech. If you have questions about a particular position, just call or e-mail your bureau chief or me. A. Yasus: Robert gives us an opportunity ask questions or raise specific concerns at staff meetings. When asked for the status or process of filling vacancies, he says to ask someone above him. S. Hamer: They expire when someone can’t be found with the needed skills to fill the position. The agency has been released from the waiver process, however, we cannot go above the target level.  Legal Tech has received four new staff in the past year when no one else was allocated one. Management stated "There is no start date, duration (benchmark/ progress) dates, or implementation/completion dates ever associated with new projects".

 

Although Management stated that they were feverishly conducting job interviews, posting jobs on the website and hiring contractors, discussion could not ensue because Management was not aware of the relevant job titles.

 

ISSUE

C. Timetable for re-hiring competitive class engineers in the Investment Protection Bureau

 

DISCUSSION

E. Schwenzfeier: It’s a mistake to say we brought in a consultant instead of a permanent employee. P. Sparagna: Four waivers were approved for Legal Tech but the list didn’t say where. E. Schwenzfeier: It might reflect promotions or a title someone moved into. A. Yasus: Two were promoted up and out and two vacant positions had contractors. S. Hamer: They are being recruited. E. Schwenzfeier: Internal people may fill the vacancies. R. Pablo: We tried to hire six Legal Assistant 2’s in NYC for the past six months. P. Sparagna: There are an increasing percentage of contractors in Legal Tech at every meeting. E. Schwenzfeier: No one wants waivers to expire. It could be a lack of candidates or money. R. Pablo: It takes 6-8 months reclassifying a position if they decide it’s needed elsewhere. Management asked for specific positions being questioned. A. Yasus: Can we get jobs posted to NY Jobs as well? R. Pablo: We will use that site at our discretion. It sometimes complicates recruitment. In many situations it’s a waste of time and effort. E. Schwenzfeier: Only our employees can access Silvernet. R. Pablo: We are not necessarily interested in going outside. The decision is made based on specific circumstances made by the recruiter. P. Sparagna: The problem is not giving someone outside the backfill. E. Schwenzfeier: It doesn’t mean not inviting them to come in. It may make more sense, on the lower level, to go out there. S. Hamer: HR looks at it every two weeks and reports how close we are to the fill level.

 

J. Grimes asked for feedback on the three engineers who quit. Two were hired but there were still four consultants. PEF felt management allowed the backlog to build up. Negative feedback from that topic resulted in the follow up meetings. E. Schwenzfeier: We brought in some consultants in these unusual titles. At one point all four were gone and temps were brought in to help with the pre-existing backlog. We have someone in NYC to help with interviews. As people are hired, they expect consultants will leave when the backlog becomes manageable. R. Pablo: We have been constantly recruiting and canvassing eligible lists at the Grade 20 or 15 level. Everyone eligible is interviewed. We have hired five new engineers in past year. There is now automatic advancement with Grade 15 reclassified to a Grade 20 without testing. S. Hamer: Poughkeepsie was given alternate work schedules but needed to work within the bureau schedule. E. Schwenzfeier: Two positions were added. A consultant will only help to keep up on basic things until someone is hired. R. Pablo: Recently we filled two positions. Still trying to get two in. They don’t necessarily have any experience but do have the ability to learn. We still need a transition period for backlog cases. B. Smith: Is this a retention issue? R. Pablo: It’s certainly part of it. The problems are being addressed for competitive people and managers. M. Hoops asked about the overuse of student interns and publicly advocating with Civil Service. Each regional office now has an attorney, non-attorney partner or LDI to assist. I would ask that management draft an MOU to complement attorneys with dedicated staff and less reliance on students.

 

ISSUE

D. Staffing in the Administrative Services Bureau, particularly in the Records Management program area

 

DISCUSSION

P. Sparagna received complaints about managing documents, whether they be held or destroyed for a number of years or returned to attorneys. B. Smith asked if there was a written request for administrative analyst titles. Is it a priority to fill PEF positions and support service positions? S. Hamer: Every position in that title series is being recruited. There are more positions now than ever before. When a request from other agencies or ours is made for records to be destroyed, a memo is sent to the FOIL officer, who is also an attorney, Stacy Roland. If documents should be destroyed, I respond to administrative services. My secretary has been helping out, as well as the bureau chief. When the problem was brought to our attention, we were giving opinions/ approval to destroy certain records. I looked into what records other agencies destroyed. P. Sparagna: With the Legal Assistant gone, they can’t handle the volume. People are put in a position where they are set up for failure. Long term members are getting NOD’s. S. Hamer: In this case, when people left and the person needed assistance, we took the job duties and spread them out over five people. Everyone took it seriously. My secretary was involved because she knew the different areas. S. Hamer: I have an open door policy. We all got involved. People need to be included in the decision in order for it to work for everyone.

 

S. Hamer: Nothing major is on the horizon right now. B. Smith: Is it possible for us and CSEA to be included in some of the transition? S. Hamer: Your union will have that meeting before anything takes place. CSEA and PEF may only have a meeting to discuss concerns they may have with the new administration.

 

Troy Move/Consolidation

S. Hamer: Legal Tech will be relocated, as well as a piece of OCF and Medicaid Fraud, into the same building. They are trying to narrow the criteria to meet their needs. They know your concerns

 

A. Yasus: In the three-year plan to the PEF president, there are expensive IT contracts which may result in hiring more state IT employees, taking contractors out of the mix. Do you have another approach to get around this recruitment problem? S. Hamer: We are not part of his team for governor.