STATEWIDE PEF/NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
LABOR/MANAGEMENT COMMITTEE MINUTES
June 12, 2008
Attendance:
PEF:
David
Persson, LM Chair
Karl
Berger, Albany LM Co-Chair
Katy
Murphy, Region 1
Keith
Browne, Region 3
Andy
Marcuccio, Region 4
Kristofer Alberga, Region 5
Harry
Spetla, Region 5
Terry
Tyoe, Region 6
Frank
Flack, Region 6
Don
Nelson, Region 7
Jim
Kersten, Region 9
Kevin
Hintz, Region 9
Wayne
Bayer, Albany
Mark
Hyland, Albany
Mike
Kanuk, SUNY-East
William Wurster, Albany
Sam
Stallone, Albany
Denise Stephens, Albany
Tim
LeBarron, Albany
John
Donlon, Albany
Holly
Clark, Albany
Ed
Bradley, PEF
Josephine Rice, PEF
Management:
Joseph Lattanzio, DEC Director of Employee Relations
Carole LaVigna, DEC Director of Personnel
Mark
Cadrette, DEC Director of Health & Safety Unit
Gail
Balluff, DEC Employee Relations
Marie
Furlong, DEC Employee Relations
Richard Wagner, DEC Region 5
John
Vana, DEC Environmental Permits
Nina
White, DEC Employee Relations [Minutes]
Paige
Davison, Wildlife Center
Diana
Fortune, Wildlife Center
PEF's questions and statements are in bold faced type.
Management’s responses are in italics.
It
was mutually agreed that the minutes will be finalized within 30 days of the
meeting.
Rich Wagner welcomed group in Betsy Lowe’s absence.
Diana Fortune and Page Davison praised Betsy Lowe’s extraordinary efforts in
supporting the Wildlfe Center Natural History Museum construction project.
A.
Management Presentation: Pollution Prevention Institute.
Management response: John Vana gave a Power Point presentation on the
Pollution Prevention Institute (see attached).
The purpose of the Pollution Prevention Institute (P2I) is to promote
cost effective pollution prevention techniques so that large and small
business can reduce energy and resource use, hazardous substances, pollution
and wastes. This will primarily
be accomplished through research and development to design and test “green”
manufacturing methods and provide technical support to businesses for
pollution reduction measures that will help make them more competitive.
In addition, the P2I will support the work of DEC staff through
direct technical support on emerging issues, training for DEC stqff, the
ability for DEC staff to refer clients to the P2I, direct client assistance
and R&D that can align with DEC regulatory direction, and supporting the
workforce of the future by integrating P2 and sustainability concepts in
college level curricula. The
P2I will foster partnerships between government, academia and business to
support the economy in NY while also protecting the environment.
B.
NYS-Ride
1.
Privatization
What compelling reasons will justify further contracting out?
For 2006-2007 DEC had $71.12 million in unreported professional services
consultant contracts.
What is the reason for the under reporting of expenditures as
required by Chapter 10 of the Laws of 2006, the Procurement Stewardship Act?
Management response:
Executive Budget
What
is DEC’s Spending Reduction /Financial Management Plan for implementing the
enacted 2008-09 budget and maintaining both budget balance and critical
program goals?
Management’s response:
What are the structural imbalances in the Conservation Fund, Environmental
Regulatory Account, Clean Air Fund, and Natural Resources Account and how
are they being addressed?
Management’s response: As stated previously, appropriation amounts have been
included to fund all approved positions.
Lands & Forests
Did
the Executive support the Lands & Forests plan for more Foresters, Real
Estate Specialists, Land Surveyors, Environmental Program Specialists,
Citizen Participation Specialists, Natural Resource Planners, and
Geographic Information Specialists (GIS) in Budget request?
Management’s response: As stated previously, Executive supported additional
staff for a variety of offices.
Again, just four items were approved in the final Budget.
Three were for Invasive Species and one for the Canal Mitigation Task
Force. All are General Fund
items. All will be Civil
Service titles (two Biologists, a Forester in the Invasive Species Unit and
an Engineer or Environmental Program Specialist for the Canal Mitigation
Task Force.)
Bulk Storage
Did
OGC draft legislation needed to modify both the PBS AND CBS statutes for
equivalency with EPA's UST regulations and to implement the Energy Policy
Act of 2005?
Management’s response: Yes.
DER, OGC and Legislative Affairs have been working together to draft
legislation needed to modify PBS and CBS statutes to make State law
equivalent to federal requirements and to address requirements under the
Energy Policy Act of 2005.
Bills have been introduced in both the Senate (S6055) and Assembly (A10952)
and are under review. Several
meetings have occurred with legislative, industry and environmental
stakeholders to identify issues of concern and clarify the bills where
needed. We are hopeful that
passage of the bills will occur in this session.
Will a DER work assignment issued to CDM complete PBS inspections at
approximately 1200 facilities regulated under the Energy Policy Act over the
next two years?
Management’s response: Yes.
DER has issued a work assignment to CDM to have it assist in the
inspection of approximately 1,200 federally regulated facilities over the
next two years. This work is
funded under a grant from the EPA to meet EPA requirements under federal
law. It is intended as an
immediate and short term solution to address EPA’s requirement to inspect
facilities subject to federal jurisdiction on a three year cycle.
Contracting Out Computer Services
Can
DEC fill positions from other higher grade titles and provide alternative
promotional opportunities?
Management’s response: The Division of the Budget recently approved the
establishment of temporary Project Assistant positions at the Office for
Technology to enable them to appoint their consultants to competitive
positions. Candidates who are
interested in a permanent competitive career promotion track could take the
entry level Grade 18 IT Specialist 1 T&E examination.
Their temp item could be replaced by a permanent competitive IT
Specialist 1, SG-18. Candidates
could then compete in promotion examinations and, possible, some candidates
could be eligible for permanent appointment to the SG-27 level within three
(3) years.
DEC
could establish positions of this nature and ultimately provide promotional
opportunities; however, this would require budgeted fills which the
Department is currently lacking.
2.
Work Schedule Flexibility
What modifications did Civil Service make to CPP prior to GOER submission?
Management’s response:
GOER wanted the Department to add : 1.
“Establishment of an alternative work schedule is a management right
and can be revoked by management at any time that such schedule does not
assist in the agency carrying out its mission or the stated goals of
this policy.” 2.
“Management has the right to discontinue the compressed pay period
program in an emergency or for other programmatic needs.”
3. “Participation must
not interfere with the operational or programmatic needs of the Department”
4. GOER also clarified
the opting out considerations.
3.
Diversity
Diversity of the workforce includes age, race, creed, color, national
origin, sexual orientation, military status, sex, disability, genetic
predisposition or carrier status, or marital status.
How does DEC propose to increase diversity?
Karl Berger, Kevin Hintz, John Donlon Jim Kersten are PEF/encon’s Diversity
subcommittee representatives.
Has
DEC completed edit of the June 2, 1997 Affirmative Action Plan?
What are DEC’s specific goals and timetables for the prompt achievement of
full and equal employment opportunity for minorities, women, disabled
persons and Vietnam era veterans?
Has
DEC Legal completed review of this plan?
PEF
requests copy of the most recent annual report.
What Divisions/Programs has DEC management identified as most in need of
diversification?
Management’s response:
The Affirmative Action Plan is still with the Legal Office.
4.
Promotional Ladders
a.
Did Fish & Wildlife develop
justifications for individual Natural Resources titles to be reclassified
for parity with Environmental Quality?
Executive had the Natural Resources and Geographic Pay Differential
packages since December 2005.
The Natural Resource Supervisor position was not part of the package.
Is any part of the original package still being pursued?
Management’s
response: The Natural Resources Supervisors package went to Civil Service on
5/07/08.
b.
Did DEC and Civil Service develop rating scale for Biologist 1
examination?
Management’s
response: Yes. Civil Service
issued the announcement for this continuous recruitment examination on
6/06/08.
5.
Environmental Management Systems
Tabled
6.
Civil Service
a. How many DEC positions are currently filled?
Management’s response: The Department currently has 3754.8 filled items.
b.
Did DEC fill all waivers?
Management's response: Waivers are constantly in process. Carole will give
more information on the waiver process.
c.
Did Civil Service approve Job Classification Standards with
professional titles of Environmental Engineering Technician and
Environmental Analyst?
Management's response: No, not yet.
d.
When will DEC ask Civil Service for the downstate geographic pay
differential for the Biologist 1 and Biologist 2 (Marine) in Region 1 and 2?
Bureau of Marine Resources
organizational chart shows that the entire Bureau (all programs; all
regions) is riddled with vacancies (34 to be exact) out of 90 positions.
The fact that the high percentage of vacancies in BMR is "historic"
and ongoing just proves that salaries are too low
to recruit and retain Marine Biologists 1 & 2 in programs in
downstate offices.
In
Region 2, two dredging items (Biologist 1 - Marine) became vacant in 2004 &
2006, the Regional Manager's item (Biologist 2 - Marine) became vacant in
2007 & the Jamaica Bay Damages Account item (Biologist 1 - Marine) became
vacant in early 2008. The Region 3 regulatory item (Biologist 1 - Marine)
became vacant in late 2007. This is not “historic”.
East Setauket office BMR H/Q:
Marine Resources-Shellfisheries Surf Clam (Item 37251) Biologist 1
Marine position vacant since January 2008 and;
Marine Resources-Shellfisheries Sanitation Program (Item 37333; public
health protection) Biologist 1 Marine position vacant since January 2008
Management’s response: On 7/25/03 DFWMR provided detailed documentation for
a very specific Region 1 and 2 geographic pay differential proposal.
There was also an earlier proposal in 2002 which did not go into the
detail of the follow up proposal in 2003.
Additionally, a 2/18/04 memo from G. Barnhart to L. Stark proposed a
reallocation of the Biologist titles that, if implemented, would reduce the
cost of the Region 1 and Region 2 geographic pay differential by
approximately one-half. While
salaries have increased somewhat since 2003, the great differences between
DEC Biologists and non-DEC biologists remain, and DFWMR believes their
proposal is still well founded.
DFWMR has asked that a specific proposal for a geographic pay differential
and a reallocation of the Biologist series to be submitted to Civil Service
for a number of years now, but DEC has yet to submit either to Civil
Service.
Additionally:
How
is Management implementing Commissioner Priority for "Succession Planning"
in regard to the Shellfisheries Section Head, Biologist 3 Marine (Item
37329) position, which will become vacant in July due to retirement?
This Section Head supervises three units which implement the
Department's Shellfish Sanitation Program which protects public health;
and,
Shellfish Inspection Unit Leader,
Food Inspector 3 (item 37237)
which is now vacant due to retirement on May 9?
The Food Inspection unit has significant public health protection
functions which are supposed to have priority for backfilling.
Management’s response: Due to the agency currently being over target, DFWMR
will seek to fill the Biologist 3 (Marine) position when it is vacated by
the incumbent in July.
What are now listed as the Division's highest priorities?
Management's response:
·
Biologist 4 (Ecology) that serves as the Chief of the Bureau of
Habitat: Establishment of position pending at Civil Service.
·
Waivers requested for and in the process of filling:
Biologist 1 (Wildlife), Region 5, for Freshwater Wetlands Regulatory
Program;
Biologist 1 (Wildlife), Region 3, for Endangered Species Regulatory Program;
Biologist 2 (Wildlife), Central Office, to supervise the Sportsman’s
Education Program;
Biologist 1 (Aquatic), Region 6, for Stream & Waters Protection Regulatory
Program.
The
DFWMR is currently developing a prioritized list of positions to seek to
fill once the agency is below its target fill level.
e.
Why is
management not petitioning Civil Service to allow a provisional appointment
to the Biologist 2 positions in the Bureau of Forestry and the Bureau of
Wildlife, so that these positions may be filled by Biologists who are
willing to work in the Region, and would be qualified to take the exam at
the next offering, as is done with other programs?
Management’s response:
There is no
Biologist 2 position in the Bureau of Forestry.
The Biologist 2 position in the Bureau of Wildlife was filled
provisionally on 2/21/08. Civil
Service has not yet scheduled a date for this exam.
f.
Has the Department submitted an Engineer-in-Training proposal to
the Division of the Budget (DOB) for final approval and worked with DOB to
facilitate a timely review?
Management’s response: This "engineering escalation plan" was sent to DOB on
3/12/08. The Department is
still awaiting approval.
g.
42% of State
workforce will be 55
within five years. What is the
succession plan?
Management’s response: Developing succession planning processes will be a
priority for SFY 08/09.
Executive would strongly welcome written suggestions from PEF.
h.
Acting Positions
According to the latest Remediation Roster, the
Remedial Bureau B (Regions 2-4) Chief and the Section D Chief are acting.
Is this still the case?
In Solid & Hazardous Materials, Bureau Program Management - Division of
Planning & Analysis Section Chief and Hazardous Waste Radiation
Management Bureau Chief; are they also acting?
Management's response:
Yes, the incumbents of these positions are “Acting.”
Civil Service cannot provide us with Environmental Engineer 3 and 4
Rosters, from which we could
make permanent appointments, until sometime this summer.
The written component of these exams was held in March of this year;
the information provided by candidates for the Evaluation of Education and
Experience component is still being processed.
We are expecting Civil Service to produce position-specific Rosters
for us by August. At that time,
these divisions should be making permanent EE 3 and EE 4 appointments to
supervise these bureaus and sections .
i.
Interns
7.
Laboratory Consolidation
When is the next DEC, Ag & Markets, DOH, DOT, & State Police meeting to
discuss the possibility of " identifying state laboratory resources in the
Capitol region to try to coordinate planned and future laboratory design and
construction projects so that co-location at a common site and efficiencies
through use of shared facilities and infrastructure is considered. "
Management's response: An informational gathering meeting was held by the
Division of the Budget at the State Capitol on 5/22/08.
In addition to DOB, the following agencies were represented: DEC,
DOH, Agriculture & Markets, DOT, OGS, the Dormitory Authority and the
Governor’s Office. The State
Police did not attend. No
follow-up meeting has been scheduled at this time.
Will DEC share PEF’s comments on the Health & Safety content of the CUH2A
Document ‑ "Study ‑ Rough Order of Magnitude ROM & Program Validation",
Final Draft, Dated, August 18, 2006, the Consolidated Laboratory
Collaboration Effort.
Where is DEC planning to relocate
the DEC SUNY East labs?
Management’s response: DEC will share PEF’s comments on the Health and
Safety content of the CUH2A document at the appropriate time.
What is the staffing plan for the heavy duty Automotive Emissions Laboratory
(AEL) at NYSERDA’s Saratoga Technology & Energy Park (STEP)
lab? What lists of
staff (titles and numbers has DAR provided for the diesel lab and the
consolidated lab? Is design
complete? What is funding source?
Management’s response:
As reported at previous meetings, additional staffing requirements
and plans will be developed as the new facility progresses towards
construction and occupancy. Any
State building under construction must meet the State Building Code.
DAR
has provided lists of staff for the diesel lab and the consolidated lab.
There has been no discussion of having NYSERDA staff there.
The design has been completed.
No
funds were approved in the SFY 2008-09 Budget for a Consolidated Lab.
The Department continues to explore funding options.
8.
Scheduling of L/M Meetings
The
next meeting is scheduled for August 20.
PEF will need to confirm the date.
PEF/encon invites the Commissioner to attend the next meeting.
Management's response: Management agrees.
9.
Environmental Monitors
a.
Will DEC prepare an Environmental Impact Statement for the proposed
Commissioner Policy to replace Organization and Delegation Memo #92-10?
In response to PEF’s
March 2004 request, has the
Department assembled information regarding how many independent
environmental monitors the Department has caused to be hired?
If not, why is the Department still
avoiding answering this request after three years?
What is the
status of the new administration’s review of this item?
Management's
response:
This matter is still under review.
b.
During October of 2004, DEC gave a public notice of its intent to
change from On-Site Environmental Monitors being DEC career, civil servants
to allowing the regulated entity to hire a private third-party consultant
(a.k.a. "Independent Environmental Monitor")
to perform this critical function of safeguarding public health.
When will the analysis of these comments be completed?
What is the
status of the new administration’s review of this item?
Management's
response: This matter is still under review.
10.
Health & Safety
Specific
updates and actions on all outstanding H&S agenda items are itemized within
the Statewide Health & Safety Labor/Management Committee meeting minutes
which are available on the OER website and through the respective union
representatives.
a.
PEF/encon requests written description of the NYS Threat Levels and
security enhancements as implemented by the agency and Region.
Any employee who is required to be available for immediate recall and
who must be prepared to return to duty within a limited period of time must
be compensated as per programs established pursuant to Article 7.17(a),
Article 7.17(b), Chapter 33 of the Laws of 1999 and possibly Article 7.18
and Section 130.8 of the NYSCSL.
b.
Does DEC support a
Safety Incentive Differential request to Civil Service that expands the
criteria to include employees that conduct investigations at hazardous
substance spills or other hazardous substance emergencies; or inspect
hazardous substance facilities sites (e.g., manufacturers, storage
facilities, active/inactive waste sites); investigate and/or manage the
cleanup of inactive hazardous waste sites?
PEF offered
to assist management’s working group
in draft revisions to the SID guidelines, which would be more
accommodating to DEC before submittal to
Executive Office for review and approval prior to submission to Civil
Service.
Management’s
response: Management will follow-up.
c.
Has OGS identified the funding allocation for AEDs in yearly
increments through fiscal year
2009-10?
Management’s
response: 225
AED units have been deployed throughout the State and that the DEC AED
program is almost completely implemented.
We are about to change providers for our online training and
maintenance tracking program.
d.
What is DEC doing to prepare for potential avian flu epidemic or
pandemic ?
Will meetings
and/or field work be suspended to safeguard staff health ?
Is telework an element of the Department’s Continuity of Operations?
Will DEC provide anti-viral medications to "essential" staff who will
be required to work and be exposed to avian flu and to family members of
"essential" staff being required to work and be exposed to avian flu ?
e.
Right‑to‑Know (RTK):
On December 19, 2003, PEF filed
a statewide complaint
with the Attorney General. On April 18, 2006 the Office of the Attorney
General reminded DEC that 12
NYCRR § 59-1.9(a)(4) requires that safety & health programs shall provide
for and encourage employee involvement in the structure and operation of the
program, so that they will commit their insight and energy to achieving the
goals and objectives of the safety program.
Management’s
response: This matter is still under investigation by the General Counsel’s
office, and Management feels it is inappropriate to discuss this subject in
this forum. The Health & Safety
office is about to distribute the electronic Occupational Exposure Survey.
11.
625 Broadway
a.
PEF/encon requests "WALK"/"DON'T WALK" lights with countdown numbers
at the southeastern and southwestern corners of the intersection of Water
Street and Colonie Street (across Water Street).
Employees parking in the Corning Preserve Boat Launch also request
signals at the northeastern and southeastern corner of the same intersection
(across the 787N off-ramp/Colonie Street).
Management’s
response: The Department will attempt to address this concern during this
fiscal year.
b.
PEF/encon requests a "pedestrian crossing" sign be placed in the
middle of Orange Street (the same as those successfully piloted on Pearl
Street).
PEF/encon
requests an update of the developments from the Executive staff’s request
that OGS and the Department address this issue and others related to the
garage entrance at 625 Broadway.
Management’s
response: The Department will attempt to address this issue during this
fiscal year.
c.
PEF/encon requests discussions with security and OGS regarding the
new proximity ID cards for entrance to garage during work hours M-F and the
blanket restriction on weekend building access.
Management
stated that a briefing would be held prior to initiating the system.
This briefing was never held.
Management
response: A conversion date for Prox Card entrance to the DEC Central
Office garage has not yet been determined.
Prior to the conversion date, management has agreed to brief PEF on
this matter.
d.
What are the
arrangements to provide ID cards for those employees who are exercising
their rights to not use their DMV identification number as their employee ID
number and their DMV information to create an ID card?
Management’s
response:
e.
When will DEC brief PEF on the new 625 Broadway access policy?
Management
stated that a briefing would be held on this item.
The briefing was never held.
Management’s
response:
12.
Office Moves
a.
Was the New Paltz Phase 2 (Renovation of Existing Building) begun
May 2008 with final completion scheduled for November 2008?
Management’s response: As stated at the last meeting, Phase 1 is
complete with new furniture being installed beginning 2/25/08.
Staff moves were scheduled for the weekends of 4/05/08 and 4/19/08.
Phase 2 began on 5/01/08 and will continue for six (6) months with
furniture delivery and staff moves to follow.
b.
Does management continue meaningful discussions for PS&T unit
members in the context of Joint
Labor/Management Quality of Worklife Committees?
Management's
response: The Region 3 Regional Director has agreed to conduct quarterly
labor/management meetings to discuss this and other matters of interest to
the employees of Region 3.
c.
When will
Galesi Management Corporation install Region 4 exterior lighting on north
side of building to provide ample illumination on all parking areas,
pathways, and sidewalks for safety of employees and visitors?
Management’s
response: As stated at the last meeting, the exterior lighting proposal
presented to the Town Board was rejected.
OGS is working with the landlord to revise the proposal to be
presented to the Town Board.
Other options are being actively investigated and pursued with the landlord
and OGS.
DEC
PEF/ENCON
Joseph A.
Lattanzio
David Persson
DATE
12/16/08
12/10/08