State Division of Parole / PEF Division 236 Labor Management September 28, 2004 NYS Division of Parole PEF Parole Division 236 Stanley Phillips - Administration Barry Fishbein, Council Leader Jose Burgos - Human Resources Terrence Barton - Operations DirectorWilliam Barhold - Operations Robert Oeser - Employee Relations ChuckGianatasi Employee Relations Theresa Flynn - Employee Relations Adreina Adams Manhattan Robert Anderson, Syracuse John Benson, Binghamton Irene Bland, Brooklyn William Fagg, Albany William Hogan, Brooklyn Richard Meta, Buffalo Fran Meyer, Poughkeepsie Minerva Osorio, Manhattan Chandra Perry-Paterson, NYC Milagros Plumey, Manhattan Darryl Stevenson, Brooklyn Richard Trzyna, Buffalo Kenneth Wells, Rochester Fred Becker, PEF Field Rep. Blair Burroughs, Agency Organizer
I. Management responses to issues raised in previous meetinqs At Mr. Becker's request, Mr. Burgos reviewed the status of commitments made at the October 3, 2003 meeting: 1. While Stan Phillips had agreed to meet with Division 236 to share Division of Budget staffing formulae pertaining to caseload size and PAR-009's, Division 236 had not, to date requested a meeting. 2. Terrence Barton did advise the Division 236 Council Leader by memorandum that forfeiture monies will not be used for vehicle purchases. This decision was made on advise of Counsel. 3. Division 236 has not put forward any nominee(s) for the forfeiture committee. 4. The Division of Parole has not received a request from Division 236 for a meeting to be briefed on the status of the Information Technology project and the various roll out dates. 5. The Division of Parole has not received any information from PEF regarding info on available federal grants. 6. Jose Burgos did re-distribute the electronic posting policy for job announcements. 7. PEF has not provided a letter to Parole Management outlining its position on changing the definition of "seniority." The current Reassignment & Transfer Policy remains in effect. It is not a Labor Management Agreement, but a management policy. The Division of Parole considers input from Division 236 each year before the annual policy is promulgated. 8. Operations routinely does a case by case review of any requests for "retiree" gun permit letters from individuals not actually meeting retirement qualifications.
9. The subject of the actual type of carry permit authorized for Parole Revocation Specialists is on the agenda for this meeting. 10. Jose Burgos provided a copy of the Employee Manual to Chandra Perry Patterson. 11. PEF Parole Division 236 has not yet provided Parole Management with a written analysis and sponsorship of its legislative agenda. 12. Jose Burgos did provide the Division 236 Council Leader by letter a list of then current Critical Response Team members, contact phone numbers and a copy of policy. Retirements have taken effect since that list was produced. 13. The Division of Parole's EAP Committee has not received any suggestions from PEF Division 236. 14. Jose Burgos provided information to Richard Mata concerning the status of a FOIL request he made. 15. The meeting scheduled for Jan 22-23, 2004 did not happen. II. Parole Budget 2004 / 2005 Mr. Phillips explained that the anticipated budget reduction is less than 2%, the equivalent of $3 million dollars or 41 positions. The position target for 3/31/2005 is 2089 positions; the Agency is in a good position to meet that target. This target includes 1200 PO positions. This year 51 positions were approved in a training class; upgrades from FPO 1's to PO's and backfills were approved by DOB. There is no reduction in funds available for overtime. $400,000 was available to purchase 29 additional cars for the field in FY '03-'04; 47 cars should be available by January 2005 out of current year funding. On average Administration
is surplassing at the rate of three cars every two months. Management's plan is to first replace those 40 cars that have over 100,000 miles. (Even if a car does not meet this criteria, if the car becomes too expensive to keep on the road, it can be surplussed.) In FY '04-05, we eliminated the 26 th Street office but were able to get back monies to do the following: 1) establish a files warehouse at 47 th St. LIC 2) negotiate for a Plattsburgh office 3) move to a new office in Poughkeepsie 4) move the Peekskill office by Jan or Mar '05 5) work with OGS to increase office area for new staff in Rochester and Buffalo There is no reduction in equipment budget Information Technology continues to roll out There is funding for flu shots; about 600 people signed up; the shots are planned to be given in October Waivers continue to be submitted to DOB to hire staff in parole facility offices The agency is working with DOB to setup a monetary amount from the asset-forfeiture dry appropriation to be used for equipment purchases; this will be addressed prior to the end of the FY. Mr. Fishbein requested that Division 236 be consulted if extra monies became available. Mr. Phillips stated that new vehicle purchases would be' Yield appropriate" and that Director Ellis has reviewed the types of vehicles to be purchased. In response to a question from Mr. Wells, Mr. Phillips stated that any decision on further parole recruit classes would depend on DOB's assessment of the parole caseloads in the next FY. Mr. Fishbein was advised that advancement from FP02 (SG-22) to SPO (SG-24) is not automatic.
The current Caseload Ratios are: Intensive cases - 40:1 Regular cases- 100:1 Special offenders - 25:1 Mr. Stevenson was advised that while a parolee could be placed back in intensive supervision, this action, currently, would not change how the case is counted. III. List of all PEF Unit staff Mr. Burgos explained that in view of the current de-certification petition which is pending before PERB, it is important that the agency take a neutral position, therefore any request for bargaining unit data should come from PEF Central. IV. Letters for Full Carry Permit Mr. Burgos explained that the general rule was that an employee who leaves the agency in good standing would receive a letter. Misconduct would be a bar, but if the officer's gun was taken and investigation disclosed no bad judgment, that would not be an automatic bar. 8B At Mr. Mata's request, Mr. Burgos agreed to provide Division 236 with a copy of the guidelines used to assess requests for retiree gun permit endorsement letters. Mr. Barhold reported that of 12 upstate PRS's, 8 have permits and 4 have not applied. Downstate, of 33 PRS's, 7 have permits, 2 are pending in the application process and 24 have not applied. Mr. Fishbein suggested that one problem may be the amount of money that a PRS has to advance. The agency will reimburse the PRS. Mr. Barhold advised that discussions with NYPD were successful in upgrading the type of permits from "guard security" to "full carry business."
V. "Federal Enforcement Exemption Law" This probably refers to the Law Enforcement Officers Safety Act of 2004. Mr. Barhold advised that the agency is awaiting clarification on this law. Mr. Burgos stated he understood that the NYSP is drafting implementation guidelines. % Division 236 requests to be kept informed of any developments concerning the Law Enforcement Officers Safety Act of 2004. VI. Hearinq Process Ms. Meyer questioned whether the standard used by preliminary hearing officers has changed or whether training is needed. Ms. Bland questioned whether there was a blanket directive that parole officers must attend every final hearing adjourned date. Mr. Barton said he was not aware of any such directive but did understand that final hearing completion rates are under scrutiny. Ms. Meyer questioned the revocation standards, noting that violators find 90 days at Willard easier than completing an 18 month inpatient drug treatment program. Mr. Barton indicated that the agency would be looking at the shorter term sanctions and anticipated input from all levels of staff. Ms. Adams stated that violators are turned around as quickly as within 2 to 3 weeks. Ms. Meyer complained that violators participate in but do not complete multiple drug programs and the programs do not communicate with the parole officer. Mr. Barton told Mr. Fishbein he knew of no reluctance to allowing parole officers' input into individual cases handled by PRS's.
Ms. Meyer is to provide specifics to Mr. Barton on (a) the standard of proof used at preliminary hearings and (b) communications issues concerning violators entering drug treatment programs. At Mr. Stevenson's request, Mr. Barton will try to get information to him concerning how to know which cases are assigned to PRS's in advance of the date of hearing. VII. Policy Revisions - Manual and others Mr. Fishbein stated Division 236 wanted input into policy revisions. Mr. Becker asked for access to preliminary drafts to screen them for provisions affecting mandatory terms and conditions of employment. Mr. Burgos stated that the Agency respected the rights of the bargaining unit with respect to terms and conditions of employment, but that clearing policy with labor is not the appropriate way to do business; there being no obligation in the collective bargaining agreement to do so. The Agency will not arbitrarily change the terms and conditions of employment. The policy revision process is not secretive; all levels of the agency are involved in committees to participate in policy revision. Mr. Becker advised he is making the inquiry now so that in the event of litigation, the record would so show. Mr. Burgos said that the agency cannot run policy by PEF for clearance, but it has no objection with sharing that policy with the union. VIII. Facility Parole Officers Mr. Wells asked about the possibility of FPO1's (SG-19) being upgraded top SG21. Mr. Phillips advised that are no plans to eliminate filled items, but upgrades are financial issues involving DOB and there is no hope of across the board upgrades. Mr. Stevenson asked about the number of SPO's (SG-24) to be promoted. Mr. Barton advised that current PO to SPO ratio is 7:1. IX. Transfer Policy Mr. Wells noted that Division 236 voted to move on the re-definition of seniority. Mr. Burgos advised that any two-tiered system of seniority must be negotiated. Mr. Burgos stated that based on the language in the collective bargaining agreement, the agency could not implement any change. The agency is prepared to revisit any suggestions for amending the Reassignment and Transfer Policy in January 2005.
Mr. Fishbein questioned whether providing resumes and being interviewed was a new requirement for ordinary reassignments. Mr. Burgos indicated that absent special assignments, the posting may have asked for resumes when the reassignment list for a location was exhausted. Mr. Fishbein asked when cellphones would be issued to everyone. Mr. Barton advised no date has been set; the agency is currently looking at the financial impact of the phone already in use. Mr. Barton acknowledged Nextel coverage problems in certain areas of the State. Mr. Fishbein asked about the possibility of issuing tazers and providing air marshal training. Mr. Barton advised that the recent 51 member recruit class received 7 weeks of training and Director Ellis is interested in enhancing training and also adding and deleting components, but the agency is not looking at any additional intermediate force weapons. 39 Mr. Fishbein is to communicate with Mr. Cornelius concerning suggested members for the Critical Response Team. X. Local Labor Manaqement X Mr. Burroughs will contact Mr. Oeser concerning local labor management. XI. Committee Reports Mr. Tryzna reported he had an initial meeting with Mr. Burgos and Ms. Carter of HRM. Mr. Burgos announced that flu shots would be distributed one day per site. He also noted that TB screening will take place this year. XII. Other
SB Ms. Perry-Paterson will contact Mr. Burgos with specifics concerning the Administrative Law Judges. Mr. Wells asked about accommodating staff at Rochester. Mr. Phillips advised that the use of modular furniture is very seriously being considered for any new area office or any move to a new site. Mr. Fishbein claimed that OGS recommendations do not fit Parole's needs. Mr. Phillips advised that he and Director Ellis met with OGS; they are aware of our needs and they are being considered. 311 Division 236 recommends Mr. Anderson and Ms. Perry Patterson for the Asset Forfeiture committee. In response to a question, Mr. Mata was advised that no additional funding has been provided to offset the cost of accreditation. Next Meeting: January or February 2005 Reviewed by, Barry Fishbien Date PEF-Division 236 Council Leader
Reviewed By, Jose A. Burgos Date NYS Division of Parole Director of Human Resource Management
State Division of Parole/PEF Division 236 Labor Management September 28, 2004 Commitments 1. Jose Burgos will provide Fred Becker with a copy of the Employee Manual. 2. Jose Burgos will provide Division 236 with a copy of the guidelines used to assess requests for retiree gun permit endorsement letters. 3. Division 236 requests to be kept informed of any developments concerning the Law Enforcement Officers Safety Act of 2004. 4. Fran Meyer is to provide specifics to Terrence Barton on (a) the standard of proof used at preliminary hearings and (b) communications issues concerning violators entering drug treatment programs. 5. Terrence Barton will try to get information to Darryl Stevenson concerning how to know which cases are assigned to PRS's in advance of the date of hearing. 6. Barry Fishbein is to communicate with Carl Cornelius concerningsuggested members for the Critical Response Team. 7. Blair Burroughs will contact Bob Oeser concerning local labormanagement. 8. Chandra Perry-Paterson will contact Jose Burgos with
specificsconcerning the Administrative Law Judges. 9. Division 236 recommends Bob Anderson and Chandra Perry Patterson for the Asset Forfeiture committee.