ASSOCIATION OF SUPREME COURT REPORTERS WITHIN THE CITY OF NEW YORK

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1 ASSOCIATION OF SUPREME COURT REPORTERS WITHIN THE CITY OF NEW YORK 60 CENTRE ST. NEW YORK, NY FAX FEBRUARY 2011 Some, if not all, of you may know, OCA has decided to place Electronic Recording in Criminal Court. This decision is based on their belief that a shortage of court reporters exists; a shortage, I believe, caused by OCA not giving a new test in November 2010 for Lower Court. If a test was given earlier, and a list established, there would not have been a shortage of court reporters in Lower Court due to the early retirement incentive. It is the belief of this Union that the tests should be marked immediately after they are given, instead of the six to eight months it takes to mark the exam. I will be working with DC-37 to try to have this changed. In addition, we believe the tests should be given every 12 months to 18 months instead of every 24 to 36 months. We will keep you informed. IN-HOUSE PROVISIONAL EXAM The Office of Court Administration limits the hiring of provisional court reporters by requiring anyone who wants to take a provisional appointment to pass an inhouse exam given by OCA. Anyone who has failed the provisional exam or failed the Supreme Court test previously, is not allowed to work as a provisional. I do not believe OCA can do this based on my reading of McKinney s. Susan McPartland, First Vice President. John Cardillo, Second Vice President Vera Monaco, Third Vice President Denise Huntington, Secretary Eric Allen, Treasurer Claudette Gumbs, Legislative Officer BRIAN D.DIGIOVANNA, President

2 In McKinney s Rules of Court, I found this section, which I believe is right on point: McKinney s New York Rules of Court, Page 31, Section states: Whenever there is no appropriate eligible list available for filling a vacancy in the competitive class, the appointing authority may appoint provisionally to fill such vacancy a person who qualifies by non-competitive examination until a selection and appointment can be made after competitive examination. Such non-competitive examination may consist of a review and evaluation of the training, experience and other qualifications of the nominee, without written, oral or other performance tests. Without written, oral or other performance tests. It seems clear to me that no written test should be given. I have contacted our attorney and he has advised that we would have to file an Article 78 proceeding. Because of the costs associated with an Article 78 proceeding, I need to find out what unions would be interested in contributing to this proceeding. I will keep you informed. ELECTRONIC RECORDING As of today, Criminal Court has a shortage of approximately 22 to 23 court reporters city-wide. From the discussions I have had with the supervisors, they are still able to cover the parts. Unfortunately, OCA does not seem to care. They have purchased $250,000 of electronic recording equipment with the intention of installing it. They say it is on an as-needed basis. But $250,000 seems like an awful lot of money to spend to use on an as-needed basis. I have met with the Criminal Court reporters and Cliff Koppleman, President of DC-37 s local, to discuss this issue. The meeting was tense; the court reporters are unhappy with their representation. However, we are working together in an effort to stop the expansion of ER. On February 1 st, we went up to Albany to discuss electronic recording with various legislators. OCA s position is that they are not putting electronic recording in Supreme Court, but will be putting electronic recording in Lower Court. With budget cuts a reality, and OCA looking for ways to trim their budget, it would not surprise me

3 if they tried to place electronic recording in Supreme Court. We need to be proactive. If you see or hear anything, please call the union. What happened to the Electronic Recording agreement that was negotiated by our Union two years ago? It seems to be coming apart. OCA is being cautious about what they do and say. The Office of Court Administration is introducing ER in certain parts in Lower Court and training clerks to operate the systems, even though the ER agreement says before they can use ER, they must go through certain steps: Hire from the list; if know one is left on the list, they must hire provisionals; if no provisionals are available, they must hire per diems. They did not go through the steps in the agreement. Instead, they went ahead and bought electronic recording equipment and will begin to use it in Lower Court by the end of February. Because of what OCA is doing in Lower Court with ER and our concerns that they may put electronic recording in Supreme Court, I have been to Albany to discuss our options with various Senators and Assemblymen and women to see what kind of support we have and what can be done to stop the advancement of ER. We have support, but the difficult economy has definitely changed things. We met with Senators DeFrancisco and Judiciary Chairperson Bonacic, as well as Assemblywoman Weinstein to discuss our concerns and what is the best position to take. Senator DeFrancisco, who is now the head of finance, took charge of this issue immediately, (he does not want ER), and has asked me to provide him with some information, which I have supplied (see attached). Senator Bonacic, who is new in his position as Judiciary Chair, is a lawyer, listened, asked questions and told us he will speak to Senator DeFrancisco. Keep in mind, when the Republicans were in power a little over two years ago, Senator DeFrancisco was the Judiciary Chair and a huge supporter of court reporters, and still is. Senator Bonacic is new in his position and is being cautious about how he handles things. I believe, after he speaks to Senator DeFrancisco, he will better understand the issues, and will support us. Senator DeFrancisco, along with Assemblywoman Helene Weinstein, were the two people who had helped us negotiate the ER agreement with OCA. Even though the Democrats won control of the Assembly two years ago, I had never forgotten what Senator DeFrancisco did for us, and continued to support him when the Republicans were no longer in control of the Senate.

4 Assemblywoman Weinstein would like new supporting documentation, such as letters from Presidents of the Bar Associations supporting court reporters. We will ask the Presidents of the Bar Associations for their support and, hopefully, will be able to provide her with these letters. COURT REPORTING HIRING On January 20, 2011, OCA put a hiring freeze into effect. If someone was offered a transfer prior to January 20 th but had not yet transferred, the borough asking for the reporter or reporters will now need to get an approval, although less stringent than if the hiring was done after the 20 th, by the Honorable Fern Fish, New York City Administrative Judge. As is the case with all the other unions, the reduction in court reporter staff will continue until things improve. Queens and Brooklyn have hired as many court reporters as they could. Barry Clark, Chief Clerk, 100/111 Centre St., has put in for approval to hire three court reporters and is awaiting approval. Steve Clark, Chief Clerk of the Bronx, has put in for approval to hire five to six more court reporters and is awaiting approval. John Werner, Chief Clerk, 60 Centre St., has put in for approval to hire all five transferees from the Bronx and is awaiting approval. ADVERTISING CAMPAIGN On a positive note, I would like to thank John Cardillo (Queens) and Beth Cicero (Staten Island) for their extraordinary help in our advertising campaign to get court reporters interested in jobs available in Supreme Court, and interested in taking the court reporter test in April. Our advertising campaign was a huge success, and it attracted many interested new and seasoned reporters. Thank you.

5 LIFE INSURANCE On April 1, 2011, life insurance for all court reporters will increase to $65,000 from $35,000. The increase in our life insurance policy is the result of better pricing. Life Insurance starts immediately for new employees. Prudential Insurance presently charges the Union $ per month for 400 members for a $35,000 life insurance policy. Amalgamated s insurance premium will be $ per month for 400 members for a $65,000 life insurance policy and has an A rating from A.M. Best. We will be signing an agreement with Amalgamated as of April 1, PAGE LAYOUT GUIDELINES As a reminder, please remember to follow the OCA page layout guidelines. Last year I visited every borough and discussed the page layout guidelines and the rules we must follow. These page rate guidelines have been in effect since 1999, and we MUST follow these rules. Failure to follow the page layout guidelines could result in an Inspector General investigation and possibly charges being brought against you. These page layout guidelines are for criminal and civil transcripts and must be adhered to. We have many new court reporters, and it is important that the page layouts are correct. If you are unsure whether your page layout is correct, ask a fellow reporter to check it, or call the union to make arrangements to send a copy of your transcript to be checked. The Inspector General s office is actively checking transcripts for layout compliance. I do not want anyone to be caught off guard or brought up on charges for non-compliance. Remember, there is no excuse. This has been in effect since 1999.

6 SEMNAR We thought we would be able to have a seminar before the end of the contract, which is March 31 st of this year, but, unfortunately, it is too late to have one. Because we are not having another seminar, we will be reimbursing members for medical expenses. MEDICAL EXPENSE REIMBURSEMENT We will be issuing reimbursement checks for medical expenses and copays for the contract ending March 31, We must have your receipts by March 11, 2011 in order to have the checks written and mailed by the 31 st of March. You must be a member of our Union on March 31, 2011 to be eligible for this reimbursement. Retirees and those who transferred out of our union are not eligible for this reimbursement. Remember, March 11 th is the cutoff date to send your documentation to the Union. Anything received after March 11 th, 2011 will not be paid. You must submit to the Union copies of your paycheck stub with your copay for medical insurance equaling $ or more. The last paycheck for the year 2010 will have your total payments for medical coverage for the year. Send a copy of that check along with the QTP reimbursement claim form to the Union by March 11, Again, anything received after March 11 th, 2011 will not be paid. If you do not pay for your own health insurance, you must submit receipts for payments you made for medical care for the years April 1, 2007 March 31, Payments are expected to be approximately $ $ per person. If you submit receipts for less than what we are paying, you will receive the amount you submitted.

7 NEW SENIOR COURT REPORTERS I would like to take this opportunity, on behalf of myself and all Union members, to welcome all the recently hired court reporters into our Union. Your success as a Senior Court Reporter is important to all of us. Our job as a Union is to empower the membership with information. Your professionalism, your skills and your training are very important to us. We are here to assist you in becoming the best that you can be. If you have any questions at all, please do not hesitate to call me, or my assistant, Joan, at Our website address is You must join by filling out the fields indicated. Please allow a few days before you are allowed access. Once you gain access to the site, take some time to review the different sections and links. COMPANIES WE DO BUSINESS WITH: ASAP NETSOURCE, COMPUTER SERVICE AND REPAIR, ONLINE BACKUP SERVICES Online backup services $ per year. Service contract on your notebook computer with the online backup service: $ per year coming soon to our website. DISABILITY INSURANCE The W.J. Valone Agency. On our website under benefits (disability insurance).

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