STATE OF NEW YORK
DEPARTMENT OF CORRECTIONAL SERVICES
THE HARRIMAN STATE CAMPUS
1220 WASHINGTON AVENUE
ALBANY, NY 12226-2050
GLENN S. GOORD
COMMISSIONER CHARLES M. DEVANE DEPUTY COMMISSIONER
ADMINISTRATIVE SERVICES
MINUTES
NYS DEPARTMENT OF CORRECTIONAL SERVICES/
PUBLIC EMPLOYEES FEDERATION
STATEWIDE LABOR/MANAGEMENT MEETING
January 20, 2006
OLD BUSINESS
Item #1 Excess Staff
Item #2 Nurse Staffing Statewide
Item #3 Hazardous Duty Pay
Item #4 Personal Alarm Devices
Item #5 Career Ladder for Recreation Staff
Item #6 Counselor Issues
NEW BUSINESS
Item #1 Budget Update
Item #2 Civil Service Issues
Item #3 Budgetary Inquiries
Item #4 Work Schedule Flexibility
Item #5 Translator Items for HUBS
Item #6 Reestablish Inmate Program Placement Coordinator (IPPC) Item
Item #7 State Education Department Access for Academic Teachers & Vocational Instructors
Item #8 Staff Training - Health Staff (0MB) in Satellite and Behavioral Units
Item #9 Tier Hearing Assistance - Proposed Change in Procedures
Item #10 Media Review Committee Proposed Change in Procedures
Item #11 Superintendent Hearings Tier III
In attendance for this meeting were:
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Anthony Annucci, Deputy Commissioner Charles M. Devane, Deputy Commissioner Lucien J. Leclaire, Deputy Commissioner John Nuttall, Deputy Commissioner Russell DiBello, Chief Fiscal Officer Gary Filion, Assistant Commissioner John Sheridan, Assistant Commissioner Jeff McKoy, Assistant Commissioner Peter Brown, Director of Labor Relations Daniel Martuscello, Director of Personnel James Granger, Guidance Dave Williams, Facilities Planning Michele Grinvalsky, Bureau of Labor Relations
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Tom Donahue, Statewide Chair Jim Carr, Elmira Correctional Facility Gail Noble, Cayuga Correctional Facility Beverly A. Tomani, Gowanda Corr. Fac. Paul J. Cecilia, Green Haven Corr. Fac. Joe Lewis, Marcy Correctional Facility Ellen Larkins, Cape Vincent Corr. Fac. Michael L. Sicko. Greene Corr. Fac. Henry Woitscheck, Groveland Corr. Fac. Ronald Manuli, Fishkill Con. Fac. Bill Crotty, Clinton Con. Fac.
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OLD BUSINESS
ITEM #1 — Excess Staff
Union Concern
Tom Donahue requested a recap of the Department’s staffing initiative dealing with excess staff. Specifically, what is the total number of PEF items that are still considered “excess” and what is the “status” of these items?
Management Response
Daniel Martuscello informed the union that the total number of excess PEF items is thirty-five and that the Department is monitoring these positions on a bi-weekly basis and will be doing reductions through attrition.
ITEM #2 — Nurse Staffing Statewide
Union’s Concern
Tom Donahue requested an update on what the Department is currently doing to address this issue, how many vacancies in DOCS nursing titles currently exist, what areas of the State currently have the highest recruitment and retention problems for nursing titles and what are the main issues causing recruitment and retention problems for nursing titles in these areas (monetary, shift, working conditions, etc.).
Additionally, Mr. Donahue asked if these problems are at regional or statewide.
Management Response
Daniel Martucello informed the union that Departmental staff are participating on the Interagency Committee on Nursing Issues as a means of trying to develop solutions to nurse staffing problems. The Department also has been told that the Department of Civil Service is doing a detailed study on the nursing titles.
Mr. Martuscello indicated that there were 74.5 vacancies, 7 Nurse Administrator vacancies and 21.5 L.P.N. vacancies.
Mr. Martuscello also informed the union that the issue of compensation is a significant issue and that the Civil Service Division of Classification and Compensation is conducting a statewide study which should be a valuable tool for information related to this matter.
In addition to the established hiring process offered by the Department’s Personnel Division, the Department is attempting to reach each applicant according to resumes/applications received by Personnel, to review candidates’ skill level and assist in appropriate placement.
The Department’s web page redesign exhibits a direct link to vacant nursing positions listed within the Department.
John Sheridan, Assistant Commissioner of Health Services, informed the union that the major problem area of nurse staffing is in the New York metropolitan area.
ITEM #3 — Hazardous Duty Pay
Union Concern
Tom Donahue stated that all PEF members working in correctional facilities should receive hazardous duty pay. PEF members who work hourly or are hired in non-employee status are not receiving hazardous duty pay, yet do the exact same job, working side-by-side with full time employees who are being paid the hazardous duty supplement. This issue was brought up at the labor/management conference in May of 2005. The answer from the Department staff was that the Department was working with Civil Service to get hazardous duty pay for these people.
Additionally, the union would like to know if the Department has filed a formal request to Civil Service for permission to allow these items to receive Hazardous Duty Pay and, if so, what is the status of the issue.
Management Response
Daniel Martuscello, Director of Personnel, indicated that the Department supports hazardous duty pay and he has discussed the matter of changing the guidelines to allow hourly employees hired in non-employee status to receive hazardous duty pay with the Classification and Compensation Unit at the NYS Department of Civil Service. Mr. Martuscello stated that previous Directors of Classification and Compensation had gone by the policy that changes to the guidelines were a subject of negotiations. However, that policy has recently been changed. It has now been reestablished that the authority to make changes to the guidelines rests with the Director of Classification and Compensation.
Mr. Martuscello informed the union that if they wish to seek a change to the guidelines to make the hourly employees eligible for hazardous duty pay, the best process would be for them to submit a request directly to Director of Classification and Compensation Nicholas Vagianelis.
ITEM #4 — Personal Alarm Devices
Union’s Concern
Tom Donahue asked for an update on the pilot project, what design capabilities does “pilot” PAD’s have and what is the estimated cost to upgrade PAD system and is funding for PAD’s in the proposed DOCS budget. Mr. Donahue also had a concern over whether or not the PAD would work if someone was in a stairwell or elevator shaft.
Additionally, Mr. Donahue requested a summary of the pilot project and expressed concern over the fact that some employees do not wear them because of false alarms.
Management’s Response
Deputy Commissioner Lucien Leclaire indicated that the Sullivan Correctional Facility pilot project has been completed and the results are positive. This pilot project is similar to that used at the Westchester County Jail in that it has the pull-pin capacity and the down-man alarm and it will locate a person within twenty feet in any direction. He also stated that this system can locate individuals who are in stairwells or elevator shafts because receivers are placed strategically throughout the facility. Deputy Commissioner Leclaire suggested to the union that they schedule a site visit to Sullivan Correctional Facility to see a demonstration on how the system works.
The estimated cost is a rough ballpark of less than five million and funding is not currently in the Department’s budget. The Department suggested to PEF that perhaps they can help with the funding. The Department indicated that the issue of mandatory wear needs to be addressed.
Deputy Commissioner Leclaire indicated that he would provide Mr. Donahue with a copy of the summary of the pilot project at Sullivan Correctional Facility.
ITEM #5 — Career Ladder for Recreation Staff
Union’s Concern
Tom Donahue indicated that PEF and the Department have pursued the issue in the past (1992-93) and have not been successful. At this time, PEF would like to again work with the Department to attain some form of career ladder for our members in the recreational field. The union believes this can be accomplished by requesting Civil Service to amend the moratorium requirements for title of Program Administrator to include Recreation Program Leader 2.
Mr. Donahue requested that a labor/management subcommittee be established to work with the Department, PEF and Civil Service with the goal of creating a career ladder for its members with job titles in the recreational parenthetic.
Management’s Response
Dan Martuscello stated that the Department’s request to create a Grade 19 level Recreation Program Leader position at our larger facilities was denied by Civil Service.
He also stated that there would be significant problems in getting Civil Service approval to change the minimum qualifications for the Correctional Facility Program Administrator, SG 23, title to allow the Recreation Program Leader 2, SG 17, title to qualify. The minimum qualifications for that title were actually softened in 2001 when the following option to qualify was added to the minimum qualifications.
Three years of permanent experience in a Correctional Program Services title plus one year of permanent experience in a Correctional Program Services title allocated at or equivalent to SG 19 or higher.
Mr. Martuscello also indicated that recreation employees who work in the recreation field should sign up for the counselor series examinations if they have a bachelor’s degree and also suggested to the union to come up with new ideas to take to Civil Service.
Mr. Donahue stated that the union would work with its Civil Service Department on this issue.
Item #6 – Counselor issues
Union’s Concern
Tom Donahue indicated that there are statewide issues and concerns regarding the increase in counselor caseloads and job duties are ongoing. In their continued efforts to improve procedures, policies and operations to enable counselors to complete their tasks and responsibilities as efficiently and effectively as possible PEF requests that the following statewide issues be addressed.
The Department questions the statement that counselor caseloads have increased. Caseloads were high when we had significant vacancies. Now that the Division of Budget waiver approval is not necessary, all counselor items are being filled.
6.1 Required counselor/inmate contacts – The occasions that counselors must have face-to-face meetings with inmates has greatly increased. In order to reduce the number of times that a counselor must meet with an inmate, PEF requests that:
- All Earned Eligibility denial notices be sent: to inmates via the facility mail.
- The CD/DV, CASAT, SOP and other program screenings be scheduled at the time of Quarterly Reviews instead of when scheduled by Central Office.
- BICE/Immigration Hearings, Family Court proceedings and other court proceedings be returned to Security Staff, as the main function is supervision of inmates. In the past, inmates were transported to the courts along with all pertinent information for their case. Now, as a cost savings measure for courts and DOCS, these procedures are completed by video-conferencing or telephone, arranged and supervised by either senior counselors, counselors or other program staff.
- The second option is to provide each guidance unit with a counselor aide with one of their responsibilities being to arrange/supervise these proceedings.
Screening schedules - Program staff will explore the possibility of coordinating the scheduling of these program screenings with MIS staff and attempt to utilize the same schedule.
BICE and court proceedings - Program staff will analyze the numbers and types of these proceedings to determine the actual impact on workloads and discuss the staffing implications with other disciplines.
Management’s Response
Deputy Commissioner John Nuttall indicated that he is unsure to what extent this problem is and will survey the field to find out specifics and do a comprehensive analysis.
Union’s Concern:
6.2. MIS/Automation Issues - The union has been told that MIS is “working on” some of their recommendations. PEF is requesting the expected completion date of the following and that they be given priority status for completion.
- Automated Initial Interview
- Automated Phone Message System
- Function 70’s application/denial/cancellation procedures to be the same as Function 50.
Management’s Response
Deputy Commissioner Nuttall agreed with the union, however staffing shortages in MIS, as well as other priorities, have put these projects on hold. With recent staffing increase, the Department anticipates that MIS will begin to address these issues in the very near future. Mr. Nuttall indicated that he will meet with MIS to get a timeline from them and will get back to the union within a couple of weeks.
Union’s Concern
6.3. Miscellaneous Items
Alternative Workweek - PEF is requesting that management give guidance staff the option to use the alternative workweek, as their job duties do not require a rigid work shift. An alternative workweek would permit counselors to extend the workday, maximize their use of terminals during non-peak periods and increase the times that inmates are available to them.
Management’s Response
Deputy Commissioner Nuttall stated that the concept of having an alternative workweek is a good idea and informed the union that if there are specific locations with problems, let him know. Each facility has the ability to review work schedule changes which would be submitted to Central Office for review and approval. Dan Martuscello agreed to provide the union with a copy of the Alternative Work Schedule Procedures. These procedures were mailed to Mr. Donahue on January 23, 2006.
Union’s Concern
Inmate’s Personal Property File - PEF is requesting that an inmate have only one personal property file and that it be located in IRC and that the GED be placed in that file. Guidance staff should not be responsible for maintaining a second personal property file.
Management’s Response
Deputy Commissioner Nuttall indicated the contents of this file (which has increased substantially in the past two years) are currently being reviewed by Terry David, Director of Classification and Movement. As part of that review, a decision will be made relative to the placement of the GED diploma.
Union’s Concern
FOIL responsibilities are placed more and more on the guidance unit. PEF is requesting that each area review their documents and make the copies for inmates requesting them under FOIL.
Management’s Response
It is appropriate for each unit to search for and make copies of documents to their areas and send their responses back to the FOIL Officer.
Union’s Concern
Serving Legal Papers - Guidance Counselors at some facilities are responsible for serving legal papers on inmates. This is a responsibility of the Inmate Records Coordinator. PEF is requesting that facilities be reminded that counselors should not be serving legal papers.
Management’s Response
Deputy Commissioner Nuttall informed the union to let him know of the specific facilities which they are referring to.
Union’s Concern
Spanish-speaking counselors are still used as facility translators thus not having sufficient time to perform guidance related duties. PEF is requesting that management hire hub-wide translators.
Management’s Response
Deputy Commissioner Nuttall indicated that a survey of the field will be done to determine the extent of the problem and continue to explore options.
Union’s Concern
Counselors are appointed to sit on TAC, TRC Program Committees, etc. and are delegated to perform job duties specifically designated to Grades 22 and above. PEF is requesting that such job duties only be designated to counselors in emergency situations and that the position of the Inmate Program Placement Coordinator be reinstated.
Management’s Response
The union was informed that Program Services staff will survey the field to determine the extent of this problem and, based on the results, determine if a change in policy or procedure is required.
Union’s Concern
6.4. Counselor call-outs. The ongoing reviews of inmates and the screening and assessment for other programs are critical to the smooth operation of the Department as well as beneficial to the inmates. PEF is again requesting that Directive #4802, Inmate Payroll Standards, Section III-C-a, on inmate call-outs be amended to include correction counselor call-outs to the mandatory list. Inmates would be placed on the call-out for essential reasons only and during their non-program hours when possible. Having access to inmates in this manner would permit case management activities to be efficiently performed in a timely manner while also maintaining counselors’ professional status.
Management’s Response
The Department does not plan to increase the number of legal call-outs from programs which would further reduce inmate program contact time. Each facility should work to modify counselor schedules to ensure adequate access to inmates. Changes which would have more counselors working evening hours would, generally, address this issue.
The Department will look into making call-outs mandatory during “non-program” times.
NEW BUSINESS
ITEM #1 — Budget Update
Union Concern
Tom Donahue stated that the union would like to know the outlook for the Department’s budget year 2006-07. If there are any new initiatives, projected closures, ERI, what are current staffing levels, how many vacancies in programs, health services. Also, PEF would like to know if the Department is looking at any redeployment of staff or cuts in programs. What is the current capacity, is it still projected to decrease in 2006-07, how many state readies, what is the status of federal monies used for programs such as RSAT, ASAT, Special Education, and Chapter 1? Also, PEF would like to know if the Department included RSAT in federally funded items from last budget year as State funded items in this year’s budget and, if so, how many.
Management’s Response
Chief Fiscal Officer Russell DiBello s7tated that the Department of Correctional Services will be very well funded. It is a simplistic and reasonable budget and the efforts by the Commissioner are appreciated. The Department will receive $82 million more next year than this year. Mr. DiBello stated that there are four staffing changes in next year’s budget. Two positive changes and two negative changes. These changes are as follows:
Positive changes:
1) An increase in Corrections staff by 103 to expand mental health programs.
2) An increase in 17 funded positions for health services pharmacy.
Negative changes:
1) Reduction of 110 positions as a result of the proposed closing of Camp Pharsalia
2) One-hundred and fourteen less at minimums and work release facilities as a result of bed reductions and staff attrition.
Mr. DiBello also indicated that the impact of the reductions on PEF staff is minimal. The Department has filled almost 300 jobs and is making headway on getting them all filled. There is no freeze on program services or health services positions. The Department is currently 184 program positions under where we should be, the inmate count is down to 63,100 and will be picking up eight to ten RSAT jobs this year.
ITEM #2 - Civil Service Issues
Union’s Concern
Tom Donahue requested the following information:
- An update on any title consolidations, revisions, eliminations, reclassifications, relocations, or title structure changes planned for any PEF titles.
- An update on any increased hiring rates, shift pay differentials, or geographic area pay differentials planned for any PEF titles.
- Updates on any plans to create new non-competitive, non-competitive policy influencing, and exempt positions.
- Updates on any planned examinations for PEF represented M/C titles. Are there any plans to change the minimum qualifications or test format content for such exams?
Management’s Response
Dan Martuscello indicated the following:
The request to reclassify Main Office Item #72663 from Manager Correctional Industries Recycling, SG 23, to Correctional Industries Resource Manager, SG 25, is pending at Classification and Compensation.
The request to reclassify Main Office Item #99050 from Education Supervisor (Vocational), SG 19, to Occupational Regional Supervisor, SG 22, is pending at Classification and Compensation.
The request to reclassify Main Office Item #73926, Laborer, SG 6 (Negotiating Unit 03), to Correctional Industries Marketing Assistant, SG 18 (PEF), to become Item #73504, is pending at Classification and Compensation.
The requested to reclassify Wyoming Item #20631, from Correctional Industries Recycling Specialist, SG 18, to Manager Correctional Industries Recycling, SG 23, is pending at Classification and Compensation.
Mr. Martuscello also informed the union of the following planned examinations:
- Inmate Records Coordinator - Fall of 2006
- Correction Classification Analyst and Correction Classification Analyst (Health Services) - April of 2006
- Senior Correction Counselor - Spring of 2007
- Nurse Administrator - March 18, 2006
ITEM #3 – Budget Inquiries
Union’s Concern
Computer Hardware
The union would like to know if there is an initiative to upgrade the DOCS computer system to bring the system up to outside standards, eg. Thin client-type monitors, mouse driven components vs. keyboard entry, etc. If so, what is the timetable on this issue?
Management’s Response
Deputy Commissioner John Nuttall indicated that the Department is currently installing networked Thin Clients and printers in several areas of our facilities to support the Pharmacy/Network Initiative. These devices are replacing other coaxial cable connected “dumb” terminals and personal computers. MIS has installed over 1,200 Thin Clients in almost half of our facilities and intend to install 3,000 to 4,000 more over the upcoming fiscal year.
The Department also informed the union that it would be a multi-million project in order to upgrade the current computer system in the Department.
Union’s Concern
Influenza vaccine shots supplied by the Department
Tom Donahue stated that influenza and associated sickness from its effects cause many employees to remain away from work each year. Influenza is easily spread throughout a facility and effect both staff and inmate population. Lost work hours create backlogs that other employees have to pick up. A healthy staff is a more productive staff. Other agencies invest in the well being of their employees by supplying yearly influenza vaccine shots.
The union would like to know if the Department will include monies to supply influenza vaccine shots for its employees in the 2006-07 budget.
Management’s Response
The Department indicated that there is no money in either the contract or the 2006-07 budget to provide influenza vaccine shots for the Department’s employees, however, flu shots are provided to the Department’s health service workers and all of the vaccines received have been distributed.
Mr. DiBello stated that his flu vaccine was covered under his insurance plan and that it would be easier for individuals to accept responsibility and receive the flu vaccine from their own physician.
ITEM #4 — Work Schedule Flexibility
Union’s Concern
Tom Donahue stated the Department has always been very positive and flexible in allowing facilities to use their discretion in adjusting work schedules to help their employees. The recent spike in gas prices has created challenges for all commuters. Although there has been some relief as of late, there appears to be no immediate end to the dramatic increases that have altered many family budgets. This, along with the subsequent increases in home heating oil and natural gas, has created a significant drain on the budgets of many DOCS employees. Staffing initiatives, such as “excessing” of items has resulted in many employees commuting long distances, many more than an hour each way, to reach their job location.
PEF is asking the Department to support alternative work schedule arrangements whenever practical for those employees requesting them. PEF is asking the Commissioner to encourage facility administrators to review and approve proposals that show that the employees workload can be completed and facility needs addressed within the time frame of the proposal.
Management’s Response
Dan Martuscello stated that in accordance with Executive Order 68 and the NYS Department of Civil Service Attendance and Leave Manual, the Department is in full support of utilizing alternative workweeks where it is deemed appropriate. Personnel Procedure Manual #095, Alternate Work Schedules, outlines the procedures that must be followed when requesting an alternate workweek or Voluntary Reduction in Work Schedule, which was mailed to Tom Donahue on January 24, 2006.
ITEM #5 — Translator Items for HUBS
Union’s Concern
Due to increasing percentage of non-English speaking inmates now incarcerated, a large volume of oral and written translations are required on a daily basis. Many PEF employees in the Department are spending many hours per week performing translations, many of which cannot be done after program hours. Once again, this reduces the amount of time staff will spend performing their primary job duties. Time away from an employee’s regular job function is counterproductive and could be eliminated by creating a translator item for each HUB. This would reduce the burden of translation from other employees and allow them to devote their energies to their primary job function.
PEF is requesting that the Department consider adding a translator position in each HUB to help alleviate this problem. The job description would include travel to facilities within the HUB as necessary but by utilization of e-mail, fax and telephone, could be reduced considerably.
Management’s Response
Deputy Commissioner Nuttall indicated that a survey of the field will be done to determine the extent of the problem and continue to explore options.
Item #6 - Reestablish Inmate Program Placement Coordinator (IPPC) Item
Union’s Concern
Mr. Donahue indicated that the programming of inmates is an essential function that helps facilities run smoothly and safely. Inmates are being required to successfully complete more and more programs to qualify for parole, early release or to meet the general guidelines of
DOCS. Structuring an inmate’s program within the time frame from entering the system to earliest parole eligibility is a very difficult and time-consuming job. In many cases, program staff are delegated to do program, committee and placement functions which removes them from their primary job function. Again, this is counterproductive resulting in work backlogs that either go undone or are added on to other employees’ workloads.
To address this problem and allow program staff to perform the duties of their regular job function, PEF is requesting that the Department reestablish the position of Inmate Program Coordinator at all facilities that have only one senior correction counselor position.
Mr. Donahue also requested that the assignment of individuals on program committees should be reinforced.
Management’s Response
Deputy Commissioner John Nuttall agrees with the union, however, he stated that establishing the required 60-70 IPPC items would require the reduction of a corresponding number of Correction Counselor items. This is not an appropriate allocation of resources. The Deputy Superintendent for Programs is responsible for overseeing the operation of the Program Committee.
Mr. Nuttall indicated anyone a Grade 22 or equivalent (eg. Senior Correction Counselor, Education Supervisor) should be assigned to the program committee and if anyone lower than a Grade 22 is doing the program committee, he should be informed because this should not occur.
Item #7 - State Education Department Access for Academic Teachers & Vocational Instructors
Union’s Concern
Tom Donahue indicated that both academic teachers and vocational instructors are required by the New York State Education Department to submit both work and education experience to be evaluated for their initial certification and to attain their professional certification. Verification of this information by the State Education Department is then used at Civil Service to determine salary grade and promotional status. Under the current system, once information is submitted for evaluation to the SED, it may take several months or longer to get a response back, thus holding up promotional status and unfairly denying our members the pay grade they qualify for.
PEF requested that the Department work with the State Education Department and, if necessary, the Governor’s Office of Employee Relations, to establish a procedure for New York State teaching certifications that includes the following:
- Timely evaluation of materials submitted
- A point person for DOCS at SED
- Telephone and e-mail access to allow members to check status of their applications
Management’s Response
Deputy Commissioner Nuttall indicated that Linda Holman from the Department’s Division of Education is working closely with Charles McCarthy from the State Education Department certification staff. The Department has scheduled a statewide Vocational Supervisor’s meeting for January 26, 2006 at the Training Academy. We have scheduled both the SED certification specialist (Charles McCarthy) and Civil Service representative to address this very issue. These individuals will, in fact, meet with our Vocational Instructors on January 26, 2006.
Since the teacher/instructor certification requirements changed in February of 2004, the Department has:
1) Provided information to Education/Vocational supervisors at annual regional meetings.
2) Printed out and distributed SED website information.
3) Met with Tom Donahue and Joe Lewis to review new requirements.
4) Met with SED and Civil Service
5) Developed and distributed (from Deputy Commissioner Nuttall) the Teacher/Instructor qualifications chart. This chart and all of the information contained on it was reviewed by Mr. Donahue, Mr. Lewis, Civil Service (Maura McPeek) and the State Education Department (Charlie McCarthy).
6) The Department has requested access to the State Education Department website so we can verify the status of certification applications.
7) The Department’s Education staff will make inquiries to the State Education Department when individual cases come to our attention.
Item #8 - Staff Training - Health Staff (OMH) in Satellite and Behavioral Units
Union’s Concern
DOCS has always been proactive in both identifying and dealing with inmates that have mental health problems. This is evidenced by the increase in specialized units (satellite and behavioral) within DOCS facilities. Working at these units are PEF members from OMH who work side by side with other PEF members from the Department. Currently, there are more than 300 OMH staff working in the DOCS facilities across the State. We work together and should be trained together as a team. At present, OMH staff working in DOCS facilities do not receive the same training as do other PEF members from DOCS.
PEF is requesting that OMH staff be required to attend RECAB training the same as all other civilian staff that work in DOCS.
Management’s Response
Assistant Commissioner Filion indicated that the Department is not opposed to OMH staff attending training. In many instances, OMH staff does attend our training sessions as both participants and trainers. They are involved with specialized training for our staff that work in the ICP, SHU, STP and BHU Units. The Department is also working with OMH on our eight hour Inmate Suicide Prevention Program. OMH staff are attending the three day Train-the-Trainer sessions.
Assistant Commissioner Filion further indicated that he will look into this issue and get back to the union.
Item #9 - Tier Hearing Assistance - Proposed Change in Procedures
Union’s Concern
Tom Donahue indicated that reviewing the Tier Hearing Assistance Program, PEF has noted that, in most cases, the first meeting with the inmate is comprised of requests from the inmate for information to be used in their defense at the hearing. Information such as copies of medical reports, directives, unusual incident reports, To/From memos, log book entries, tapes/videos or compilation of witness lists. PEF believes that the initial request for information could be done using a form presented to the inmate at the time the misbehavior report is served, (In special cases such as inmates with low level English comprehension and reading abilities, etc., an initial face-to-face meeting would still be required). PEF believes that utilizing this procedure will result in the following:
- Speed up the tier assistance process thereby allowing more time to complete hearing.
- Reduce the number of visits by staff dorm setting or to secure housing units.
- Reduce processing of staff into and out of secure housing by security staff.
- Reduce amount of time staff will be away from their primary job duties to provide tier assistance.
- Reduce staff exposure to verbal abuse and “cat-calls” from inmates when reporting to secure housing units to perform tier assistance.
PEF is requesting that a form be developed or existing form modified for tier assistance requests and that the procedure for tier assistance be modified to reflect the use of this form and this entire process be streamlined.
Management’s Response
The proposed use of a form, prior to an assistant meeting with an inmate, is inconsistent with applicable regulations which indicate, “The assistant’s role is to speak with the inmate charged, to explain the charges to the inmate, interview witnesses and to report the results of his effort to the inmate. He may assist the inmate in obtaining documentary evidence or written statements which may be necessary...” Personal contact with the charged inmate is necessary to fulfill the assistance function. A form might have an unintended impact on the inmate simply requesting everything that may be available rather than having a discussion with the selected assistant to identify the most relevant witnesses or documentary evidence.
It was suggested to the union to make a recommendation to Deputy Commissioner Leclaire.
Item #10 — Media Review Committee—Proposed Change in Procedures
Union’s Concern
It is the position of the DOCS Labor/Management Committee that PEF members should not be a part of the Media Review Committee as this is not a program function. Being on the Media Review Committee requires staff to be away from their primary job duties as program staff. It is PEF’s position that our program staff members should not be mandated to review media that is blatantly pornographic, insulting and degrading. Reviewing media for appropriateness within a facility is a security function.
PEF is requesting that the procedure for staffing Media Review Committees be modified so that PEF members are omitted from the committee.
Management’s Response
Deputy Commissioner Nuttall indicated that there should be an equitable distribution of participation on the media committee. PEF members as well as staff from security and administration, will continue to participate in the Media Review process. It is a function that must be performed. Efforts are being made at this time to streamline the process and facilities have been instructed to share the burden equitably.
Deputy Commissioner Nuttall indicated that this issue will be raised at the next Hub Superintendents meeting to remind the Superintendents of the equitable participation on this committee in order that the Directive not be violated. Peter Brown indicated that if an employee does have a real problem with participation on the committee, they have the option of filing a grievance. It was agreed by both union and management that participation on this committee should not be a lifetime appointment.
Hub Superintendents were reminded of the need to share responsibilities for Media Review at a meeting on February 15, 2006.
Item #11 – Superintendent Hearings – Tier III
Union’s Concern
The union stated that many PEF members are still required to do “Superintendent Hearings” which they consider out-of-title work. The directive on “Superintendent Hearings” allows the superintendent to designate a person to perform this duty in his/her absence. Like other committee assignments, performing “Superintendent Hearings” reduces the amount of time staff will spend performing their primary job duties. Numerous grievances have been filed by PEF on this issue and are currently pending resolution. PEF acknowledges that these hearings need to be done in an expeditious manner in order to meet timeline restrictions and that, in some cases emergency situations will require PEF members to do work that is not within their job description.
The union requested that superintendents be directed to do “Superintendent Hearings” and refrain from designating other staff to perform these duties.
Management’s Response
Deputy Commissioner Nuttall indicated that Superintendents are not going to do Tier III Hearings when there are subordinate staff at the supervisory level who are approved to conduct these hearings. The Department is currently reviewing, along with the Department of Civil Service, the titles that we consider appropriate. During this review process, we are confident that Civil Service will discuss our proposals with the appropriate bargaining units.
ADDITIONAL ISSUE
PEF asked if the Department was doing anything regarding the recent reallocation of the Physician’s Assistant title from SG-18 to SG-23 and the Nurse Practitioner title from SG-18 to SG-24, particularly in regard to overtime and on-call status.
Dan Martuscello called their attention to the PEF contract which, under Article 7.17 (Overtime) limits payment to SG-22 or below, Section 31 (Standby, on-call rosters) in part requires Physician’s Assistants to be available for on-call and b. provides that SG-22’s or below be compensated with overtime, and on Page 179 of the contract, the side agreement to allow non-overtime employees to be recalled for duty. As a result, the Department has limited avenues to address any concerns, however, a meeting with Civil Service Classification and Compensation has been scheduled to discuss the impact of the reallocations of the two titles. Classification and Compensation have the sole statutory authority when it comes to compensation.
A meeting was scheduled for Thursday, January 26, 2006 to discuss this issue.