PEF/OMRDD STATEWIDE LABOR MANAGEMENT
COMMITTEE MEETING MINUTES
Quality Inn, Albany
APRIL 7, 2004
PRESENT:
OMRDDManagement
Tim McMullen Director, Human Resources Management
Barbara Roberts Assistant Director of Employee Relations
Peter Pezzolla Associate Commissioner, Upstate Regional Office
Peter Brady Director of Budget Services
Larry Smith Director of Personnel
Robert Valla Assistant Director of Personnel
Debbi Traficante Assistant Director of Personnel
Lea Howard Agency Labor Relations Representative
April Peebles Agency Labor Relations Representative
Bob Bailey Assistant Director of Training
Paula Wojtowicz Staff Development Specialist 4
PEF
Greg Case PEF L/M Chair, Central New York DDSO
Juanita Babcock PEF L/M Secretary, Sunmount DDSO
Rich Ensminger PEF L/M Chair, Western NY DDSO
Robert Purtell Broome DDSO
Susan Mitnick Supervisor of Budget Policy, PEF
Jeannine Dutcher Finger Lakes DDSO
James Carlisle Finger Lakes DDSO
Elezora Hinkle Long Island DDSO
Linda Pratt Poughkeepsie PEF Office
John Prince Finger Lakes DDSO
Mark Mandyk Valley Ridge CIT
Al Visconti Central Office
Dennis Baranec Long Island DDSO
Patricia Smith Central New York DDSO
Kayellen Button Capital District DDSO
Michael Fenko Institute for Basic Research
Nithiananda Chatterjie Institute for Basic Research
1. 20042005 Executive Budget Recommendations for OMRDD
Peter Brady, Director of Budget Services, provided the committee members with an extensive overview of the agency’s proposed 2004-2005 budget. He distributed the Budget Briefing Booklets to all of the attendees for their review. Highlights of the presentation were:
· There is an increase of 30 PEE represented positions.
· NYSCARES II program is in its second year.
· NYSCARES – Forty-nine (49) state operated beds (of 100) have opened. There are 28 beds that have been identified from a site search, 13 beds will be opened during 2004 and 10 will open in 2005/06. There are still homes that need to be developed, however difficulties have arisen due in part to DASNY.
· NYSOPTS (options for people through services)—This is a new initiative that provides a “flexible funding stream” for both State and local assistance sectors that strengthens capacity to deliver individualized services.
· Capital Projects—There is a 5-year capital plan: A major highlight is to relocate and downsize the Bernard Fineson’s developmental center; to build new buildings on the ball field of the Creedmore Psychiatric Center.
· Filling of Vacancies—This area is moving along quite well. ‘There is an internal agreement that involves putting more RTF’s in the system and getting them processed as quickly as possible (direct care and clinical items). Districts are being allowed to request over their fill levels to allow them to reach their fill level. It is difficult to get administrative positions approved. We are now at 642 RTF’s and showing improvement in the area of “fills.” As of a few months ago, it was at 1,000 RTF’s.
PEE raised a concern regarding the “abuse” of the use of 70.1 transfers in an effort to fill vacancies quicker. For example, the Habilitation Specialist 2 Civil Service examination will be held in the future and the Developmental Assistant 3’s that have transferred into the Habilitation Specialist 2 title can take the exam although they may not have a degree. In certain cases, these employees are supervising PEF represented employees who may have Bachelor and/or Masters degree(s). PEF employees have been known to lose seniority when other more senior employees transfer under Section 70.1 (Civil Service Law) into these titles. This was identified as a particular issue at Finger Lakes DDSO and a similar situation was noted to occur at Sunmount DDSO. PEF Council leader, Jeannine Dutcher (Finger Lakes DDSO/Newark) stated that petitions were sent out from her office regarding his issue and she received over 80 petitions back.
Tim McMullen, Director of Human Resources Management, encouraged the committee members to review their concerns regarding these issues at the local level.
Direct care RTF’s can go right to the “unrestricted” list. As soon as the restricted time is up it is moved directly to unrestricted. There is improvement every pay period in this area. PEF responded that they would like to see “unrestricted” PEF represented positions.
DC “rundown” is 100, which is offset by special admissions (60 Special Population – 20 MDU/40 Behavioral).
Thirty-four NYSCARES scheduled to open to serve those currently on the out-of-home residential waiting list.
Capital remains at same level for State and Voluntary sectors—increase of $3.9 million in appropriations – Health and Safety institutional projects.
Institute for Basic Research—PEF representative Mike Fenko stated that the IBR budget is exactly the same without any inflationary increase. The fills that are occurring (i.e. Safety and Security Officer position) are positions that they already had. Many of the vacancies were created by retirements of employees (who had taken financial penalties) who were afraid of closure. There is currently a dire need to fill positions in housekeeping, maintenance and safety. There are now less “scientific staff’ which has negatively impacted the number of grants. They have been unable to fill positions in years and now there is great concern since the grant monies are limited. They are also concerned of the removal of vacant items at IBR.
PEF also inquired as to the status of the IBR investigation and whether an Interim Director will be put in place. They requested a copy of the “DOH” report that was issued in regard to the investigation.
Peter Brady responded to the staffing issues by stating that DOB is amenable to filling four positions and will look at RTF’s. Governor Pataki has convened a Task Force on the Institute for Basic Research in Developmental Disabilities (IBR). Those members are charged with reviewing the future of IBR, including its responsibilities, banding and the auspice under which it operates.
The committee was told that there is an Interim Director there now and Tim McMullen stated that he could not provide any specific “timetable” regarding when the matter would be finalized.
We are prepared to receive 74 admissions related to NYC ACS on the state side. Placements will be at Bernard Fineson DDSO, Broome DDSO, Capital District DDSO and 14 sites are yet to be determined. Educational services will have to be provided. There are 41 FTE’s that are outlined for Clinicians and Teachers (PEF represented positions). Peter stated that he would anticipate that Developmental Specialist 3’s would he hired.
Greg Case inquired about the joint OCFS/OMRDD program for foster children and whether it was related. Peter Brady responded that it was related to this issue however OCFS is running the pilot not OMRDD. OMRDD is only lending its expertise to the pilot.
2. Time Information Management Electronic System (TIMES)
a) TIMES--Debbi Traficante, Assistant Director of Personnel, provided an overview of the TIMES program at the request of PEF L/M Committee members. It has been three years since the agency undertook their own development of an in-house program. The pilot of this program will be rolled out and the full first wave will include 8,000 users (less than 1/3 of the agency work force). A briefing is anticipated to be held with Union representatives by the end of 2004. The test sites will be Central Office, Central New York DDSO, Staten Island DDSO, and Western New York DDSO. The work group is hopeful that the 6-month pilot will begin by the end of 2004. Debbi outlined those areas that will be covered in Phase #1 and Phase #2 and beyond.
PEF questioned the access to an employee’s social security number and Debbi Traficante responded that only the Human Resources Office can see the full SS# and the reports generated from the system will only reflect the last four digits. There were numerous other inquiries raised by PEF Committee members regarding TIMES and Debbi Traficante thoroughly addressed their concerns.
b) Time and Attendance Guidelines – Greg Case raised questions regarding the 9/3/03 memorandum to the field from Tim McMullen (Internal Controls—Time and Attendance Guidelines). PEF stated that tracking the “coming and going” of PEF represented employees is viewed as “time keeping” and PEF is opposed to the use of a sign in/out log for the purpose of tracking PEF represented employees time, their use of time, individual deployment throughout the day. They strongly feel that this is time keeping—”coming in the back door” and there is no purpose for such “tracking” of employees.
Tim McMullen responded that it was not the intent that the sign in/out logs were to be used for the purposes of “time keeping.” He stated that the memo dated 9/3/03 was disseminated as a result of several situations that occurred. Central Office managers reviewed the issues and came to the conclusion that it would prove beneficial to send out the general guidelines.
PEF also responded that this is additional paperwork for the Service Coordinators and the Clinicians as they travel in and out of the homes.
Tim responded that the sign in/out logs were intended to capture all of the activities in the home which includes clinicians, parents, other visitors, maintenance workers, etc. It becomes part of a record that reflects what happens in that home on a daily basis.
PEF mentioned that a memorandum was disseminated at Hudson Valley DDSO regarding this issue and it clearly outlines that such logs will be used to check travel vouchers. They further responded that no problems have been cited currently.
PEF will provide management with a copy of the Hudson Valley DDSO memorandum regarding this issue.
Tim McMullen stated that both management and PEF should monitor the issue and if it needs “tweaking” in the future, this issue will be re-visited.
3. Training/Video Conferencing
Bob Bailey updated the PEF L/M Committee on the changes in the training unit. The unit is no longer part of Human Resource Support. They are part of Revenue Support and combined with the Medicaid Standards Group. The new title of the unit is the Training and Medicaid Standards Group: Carol Metevia is the Director and Bob Bailey is the Assistant Director of Training. Paula Wojtowicz is the head of video conferencing.
PEF created an internal subcommittee to work on meeting the training needs of PEF represented employees. It includes John Prince (Finger Lakes DDSO), Jeannine Dutcher (Finger Lakes DDSO/Newark), Richard Ensminger (Western New York DDSO) and Greg Case (Central New York DDSO). They are looking for the ability to allocate resources to individuals who have licensure/certification requirements.
Bob Bailey provided copies of the training catalog to committee members and reminded them that it is available on-line through OMRDD’s website.
PEF asked if there would be training dollars available and the date of the spending deadline. Paula Wojtowicz provided a handout which outlined the sites where video conferencing capabilities are currently in place (25 sites). Topics that were noted to have been successfully delivered via video conferencing included: “Nurse’s Role in Investigations,” “MSC Supervisor’s Training Series,” “The Circle of Support” as well as the new “RN Orientation” which was requested by Sunmount DDSO.
4. CMS Surveys
Peter Pezzolla, Associate Commissioner of Upstate Regional Office, reported that CMS surveyors returned to the Sunmount DDSO after the Plan of Corrective Action (POCA) was submitted. There were 13 contract surveyors on this return visit and they remained for ten days. We have yet to receive a written statement of deficiencies and have not heard back of any finding of immediate jeopardy. Mr. Pezzolla commended the Sunmount staff for responding uniformly across the board. The changes implemented allowed us to position ourselves to extremely limit the action by the return surveyors.
OMRDD has hired outside counsel and every step taken has the potential to be part of any court action. An important meeting will be held at the Sunmount DDSO with the Federal government on 5/12/04.
The surveyors continue to press the issue of client protection and client movement. At the exit conference, it was noted that the surveyor did not find anything new.
5. Medicaid Service Coordination
Tim McMullen stated that the New York State Department of Civil Service will be conducting audits at Capital District DDSO, Central New York DDSO, and possibly Hudson Valley DDSO to assist in the review of the title and salary grade issues surrounding Service Coordination. The positions belong in the Social Work series however the appropriate grade level is the issue.
Larry Smith, Director of Personnel, responded that OMRDD acknowledges a difference between the G-14 and G-17 level Service Coordinators. He stated that an analysis must be done.
6. Home Management and Supervision
PEF raised the issue of Developmental Assistant 3’s providing clinical supervision. A memorandum (dated 6/86) was distributed by PEF which referenced the Residential Unit Supervisor G- 17 title and reinforcing the expectation that individuals in these titles, and now the Developmental Assistant 3 title, should only be providing supervision to direct care staff Tim McMullen indicated that despite the change from the Residential Unit Supervisor title to the Developmental Assistant 3 title, much of the memorandum is still accurate.
PEF commented that in certain work locations Developmental Assistant 3’s are in charge of supervising same level staff, such as Habilitation Specialist l’s. in other locations, Developmental Assistant 3’s will view clinicians as “their staff’ and not allow them to visit other homes or work with other teams. Rob Valla, Assistant Director of Personnel, stated that Developmental Assistant 3’s do not provide clinical supervision but they direct the operation of the home. Juanita Babcock (PEF L/M secretary) stated that the Sunmount DDSO has a local labor/management agreement in place that states that at no point should a clinician answer to a staff person in a CSEA title. This avoids a situation where a professional with a license or specific certification is “answering to” someone who is not otherwise trained in those areas. (Juanita forwarded a copy of the Agreement to management for review.) Management stated that PEF should discuss issues locally first. It was agreed that PEF would follow that recommendation and the topic would be held open at the statewide table to address unresolved issues as they are identified locally.
7. Miscellaneous
PEF (Rich Ensminger) raised concern over incidents where Nurses are not reporting needle sticks as they occur. In some cases, safe needles are not being used as they are found to be cumbersome. It was recommended by PEF that all Infection Control Nurses receive a refresher on this issue. PEF further stated that the goal is for nurses to be more conscientious and report needle sticks.
Barbara E. Roberts Gregory Case
Director PEF
Human Resources Management Labor Management Chair