STATE INSURANCE DEPARTMENT/PEF STATEWIDE L/M MEETING

ONE COMMERCE PLAZA, ALBANY, NY and 25 BEAVER STREET, NEW YORK, NY

OCTOBER 29, 2008



DRAFT MINUTES



The following were in attendance:



Management

Albany: Karen E. Cole, Mary Beth Lindsay, Bernadette Brittain, Mary O’Brien, Lindsay Shea

New York City: Scott W. Gollop, Joan Riddell, Deidre Fisher, Mostafa Mahmoud



PEF

Albany: Todd Fryer, Geraldine De Seve, Josephine C. Rice, reporter

New York City: Barrington Scott, Marvin Blaize, Golda Moore, Richard Nebb, John Okelezo, Pappy Kunjukunji, and Jane Schwarz, Field Representative



The meeting was called to order by Ms. Cole at 1:05 PM.



1. Review and approval of minutes from 6//30/08 meeting



The minutes of the 6/30/08 minutes were approved. Mr. Fryer requested that when the union is responsible for preparing the minutes, that management refrain from making grammatical changes to them. Management agreed to comply with Mr. Fryer’s request.



2. Existing Promotional Lists



Mr. Scott inquired into the status of the Senior Insurance Examiner and the Associate Insurance Examiner lists. Specifically, he sought information regarding promotions from these lists. Mr. Scott explained there are at least 20 vacancies, and he expressed concern that as the lists are due to expire, several employees who are on the lists, may not be promoted, particularly in light of the hiring freeze.



Ms. Cole stated that the State is facing a severe budget deficit, and that the Department has had two reductions since Governor Paterson took office. The first was a 3.5% reduction, and the second being a 7% reduction, which was very unexpected. Therefore, as promotions cost money, they are generally not being made.



Mr. Scott then inquired as to whether the lists could be extended so that those individuals on the lists who had not been promoted prior to the freeze, would be eligible for promotion when the financial situation improved.



Ms. Cole responded that the Department of Civil Service (DCS) decides whether to extend the life of the lists, and that this is only done when there are extenuating circumstances. In the instant situation, as there are new lists available, it is extremely unlikely that DCS would elect to extend the current lists.



3. Distribution of Large Print Law Books



Ms. Cole stated that the vendor will provide the Department with large print law books. Although the larger print books cost more, the Department is committed to providing all of the candidates who apply for the examination, the large print edition. However, the large print books will not be available for the February 2009 Associate Insurance Examiner examination.



The union thanked management for their efforts.

4. Workplace Training



Mr. Scott and Ms. De Seve inquired into the status of right-to-know (RTK) training, particularly in light of the roof situation at One Commerce Plaza.



Mr. Gollop stated that the Department would be presenting live RTK training to all employees of the Department, commencing in early 2009. Mr. Gollop explained that the mandatory RTK program would be combined with workplace violence prevention training and domestic violence prevention training, both of which are also mandatory.



Ms. De Seve inquired into the availability of the online RTK program. Mr. Gollop responded that although the online program was available, the Department, after consulting with the New York State Department of Labor (DOL), thought that the most be prudent course would be to provide live training initially, and then use the online program for refresher training.



Mr. Gollop stated that the roof repair at One Commerce Plaza is complete. He explained that Geoff Morse and Bill Wood went onto the roof, and were very pleased with the work. Additionally, Mr. Gollop indicated that the damaged ceiling tiles and the damaged carpet squares would be replaced, and that the two employees who had been displaced, were going to move back to their original work locations.



Ms. De Seve and Mr. Fryer noted that they were pleased that the barrels have been removed, and that the condition has finally been resolved.



5. Field Examiners



Mr. Scott requested that field examiners, who are away from home on longterm assignments, be afforded the option of returning home every weekend, rather than be permitted to return home only every other weekend, which is the current practice.



Ms. Lindsay and Ms. Cole explained that each situation is reviewed individually, and that the decision as to how often an examiner is permitted to return home is based on cost. Ms. Lindsay and Ms. Cole stated that there have been occasions when examiners have been permitted to return home every weekend, but noted that in these difficult financial times, the Department is seeking ways to reduce costs.



Mr. Scott stated that subsection 0701 of the GAM does not specifically mandate that the decision on how often an examiner is permitted to return home should be based entirely on cost. Ms. Cole responded that the GAM provision is being revised.



Mr. Scott requested that management provide the union with a cost analysis by the next L/M meeting.



Mr. Scott requested that the revised subsection of the GAM include a specific statement that cost should not be the primary factor in deciding how often field examiners on longterm assignments should be permitted to return home.



6. Professional Leave



Mr. Scott stated that pursuant to Article 12.15 of the Agreement, PEF members are entitled to three days of professional leave to attend certain professional certification and licensure classes. Mr. Scott expressed concern that there have been several employees who have been denied the right to use professional leave during the past year.



Specifically, Mr. Scott inquired as follows:

“How many requests for approval have been denied in the past year, and in what areas are the denials?”

“Are they Department-wide, or are they concentrated in a particular bureau?



Ms. Lindsay stated that she did not have any information regarding Mr. Scott’s inquiries claim , and was unaware of any such denials. Ms. Cole and Ms. Lindsay requested that Mr. Scott provide management with specific incidents, and that management would review any denials, or patterns of denials.



7. Outside Contractors



Mr. Scott stated that at Ms. Cole’s suggestion, he accessed the Office of the State Comptroller’s (OSC) website, and learned that the Department is paying large sums of money to outside contractors for work that could be performed by Department employees. He inquired as to whether the Department has developed any plan, or has established a timeframe to reduce or discontinue its use of outside contractors.



Ms. Cole stated that the Department met with representatives from PEF Central in June 2007 and during that meeting, the Department explained that it was our statutory obligation to conduct examinations in a timely manner, and because of a shortage of trained examiners, as well as a shortage of space, the Department needed to use outside contractors. Additionally, Ms. Cole stated that due to the hiring freeze, it is going to be very difficult to fill existing vacancies, and because of the budget shortfall, the space that the Department had hoped to lease on William Street, is no longer viable.



Mr. Scott expressed concern that when outside contractors perform duties that could be performed by Department examiners, the examiners do not gain the knowledge and experience that is necessary to become proficient. Ms. Cole stated that in an ideal situation, the Department would not depend as heavily on outside contractors, but that in the current financial climate, the Department is left with no alternative in order to fulfill its statutory mission.



8. Air Quality at 25 Beaver Street



Mr. Scott inquired into the status of air quality testing. Ms. Cole stated that an air quality test had recently been conducted, and that the results, which indicate that the air quality is acceptable, have been posted.



Mr. Scott stated that there is a problem with trucks being permitted to idle for extended periods on New Street. Ms. Cole responded that when any employee becomes aware of such a situation, they are to notify Ken Heaton immediately, so that he may inform building management, and to turn off the exhaust fan.



Mr. Gollop noted that this was a Health and Safety issue and that the next New York City Health and Safety meeting is scheduled for 12/10/08. Mr. Gollop stated that Theresa Egan, from building management, has agreed to attend the next Health and Safety meeting.



9. Credit for Certified Public Accountants (CPA) licenses on Promotional Examinations



Mr. Scott requested that employees who are CPAs should be awarded extra points on promotional examinations. Ms. Cole responded that since having a CPA license is not required to perform the duties of an Insurance Examiner position, the Department does not plan to award extra points to those who are CPAs.



Mr. Kunjukunji noted that Insurance Law §307 requires that certain financial statements be certified by a CPA. Ms. Cole requested that the union provide her with the relevant information and that she will review this issue.







10. Promotional Opportunities for Employees in the Licensing Bureau’s Education Unit



Ms. Cole requested that this item be tabled until the next meeting. The union agreed.



11. Time and Attendance



Mr. Scott inquired about the prohibition against the 7:45 AM starting time in New York City. Ms. Cole stated that although the Department’s core work hours commence at 8:00 AM, no PEF employee, who has previously commenced their workday at 7:45 AM, has been prohibited from continuing to do so.



Mr. Scott stated that he will review and monitor the situation, and will advise management accordingly if any PEF employee’s schedules are changed.



12. State Plans for Layoffs



Ms. Cole stated that the Department has no plans to layoff any employees. Mr. Fryer confirmed that the Governor met with the respective union presidents, and that the Governor is committed to achieve cost savings by avoiding layoffs of State employees.



13. Scheduling of Next Meeting



The next statewide L/M meeting is tentatively scheduled for 1/28/09 at 1:00 PM. However, the parties agreed to meet before then, informally, as issues arise.



The meeting concluded at 2:00 PM.