Agenda
Labor:
Management:
Jim
Hair
Mary Duprey
Janet Ludwig
Kathleen Economides
Bernard Johnson
Anthony Hough
Dan
Leffingwell
Raymond LaMarco
Susan Mitnick
Ines Nieves
William Nolan
John Ouimet
Gwen
Pope
Jeannie Priest
Migdalia Ramos-Ensslin
Barbara Ruff
Eileen Rice
Josephine Rice
Margaret Rice-Harvey
John
Ruiz
March 27, 2009
New Business:
1.
Release Protocols
2.
AWOLS – Returns/Revocations
3.
Trauma Intervention Committee
4.
Provisional Appointments
Old Business:
1.
Recidivism Study
2.
Mandatory Overtime for Nurses
3.
Contract Staff
4.
Mental Health Services
5.
DOJ Update
6.
Facility Closures and Rightsizings
7.
Hazardous Duty Pay
8.
Background Checks for Temporary and Per Diem Hires
9.
EBCI
10.
OCFS Restraint Policy and Procedures
11.
Budget Update
12.
Workplace Violence
Reports:
1.
Sub-Committee Reports
Information:
1.
Local Labor Management
2.
Office Moves
5.
Communication/Technology/Cell Phones for R.O.
6.
Community Service Teams
7.
Reasonable Accommodations
8.
Agency Labor/Management
9.
Capacity Reports
3/09
OCFS AGENCY LEVEL
ISSUE:
Release Protocols
NEW
BUSINESS:
NUMBER
1
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests information and discussion:
a)
Timeline memo
b) Criteria for
release and rationale for any changes.
DISCUSSION:
The August 12th memo outlined the Standard Release
Procedures. PEF asked if
Prescriptive Programming was going to continue and how violent kids were to
be handled. Management stated that the behavioral component is not a good
measure for recidivism and they do not have a better system to date to
replace it. What is best for
the child is looked at, and recommendations are made by the treatment team.
Residents are reviewed every 30 days so they don’t linger in the system.
PEF is
concerned about the release protocol and asks for further discussion away
from the L/M table to look at numbers and effectiveness.
RESPONSE:
DJJOY distributed August 12, 2008 memo on Standard Release Procedures.
3/09
OCFS AGENCY LEVEL
ISSUE:
AWOLS
NEW
BUSINESS:
NUMBER
2
OLD
BUSINESS:
NUMBER
______
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests information and discussion regarding the following:
a)
Number
of youth from privates and OCFS facilities.
b)
Length
of time AWOL
c)
Procedures for dealing with AWOL youth from both private and OCFS
facilities.
d) Number of OCFS youth
currently returned to detention/local jails.
DISCUSSION:
Management wanted to table this discussion until after the FOIL request was
responded to. PEF responded that a request should not preclude Management
from information sharing.
Management didn’t feel that a fair discussion could take place at this time.
RESPONSE:
This information was previously foiled by PEF.
This agenda item is tabled until next meeting.
3/09
OCFS AGENCY LEVEL
ISSUE:
Therapeutic Intervention Committee
NEW
BUSINESS:
NUMBER
3
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests information and discussion regarding:
DISCUSSION:
Its purpose if to identify
and implement strategies to reduce the number of restraints.
PEF questioned the effectiveness when cameras are stationary with no audio.
This forum is NOT for disciplining employees.
RESPONSE:
Tony
Hough will provide the composition of TIC to PEF.
3/09
OCFS AGENCY LEVEL
ISSUE:
Provisional Appointments
NEW
BUSINESS:
NUMBER
4
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests information regarding:
1.
Number of staff currently in provisional titles, title and location.
2.
Number of staff that have exceeded the 9-month time frame for provisional
appointment.
3.
Has OCFS requested Civil Service schedule exams for specific titles?
4.
Time frames, dates, and list of exams that have been scheduled.
5.
Any info specifically related to Workforce Programs Specialists series.
DISCUSSION:
List was handed out however – Management could not tell how many had served
more than nine months. A variety of titles were discussed in regards to
testing. The Children and
Family Services specialist exam has been discussed with Civil Service.
The Youth Counselor exam has been discussed with Civil Service but
they are holding back because the State Education Department might change
the Specs for this title.. As things change
Management will look at different titles and consolidating titles,
Which is what Civil Service is doing, to give
more lateral and upward mobility, and test more quickly.
This is not a priority at this time.
RESPONSE:
Personnel provided a handout identifying provisional items.
A list of people who have exceeded the nine month time frame will be
provided at the next L/M meeting.
3/09
OCFS AGENCY LEVEL
ISSUE:
Recidivism Study
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
1
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
The SFY 2008-09 budget provided $250,000 for OCFS to contract with an
external research organization for a study of juvenile recidivism and the
effectiveness of residential and community based juvenile justice services
in State operated and not-for-profit agencies.
4.
Have there been any recidivism studies done since the nineties?
If yes, by
who, when, and please provide any
documentation related to this topic.
DISCUSSION:
Management envisioned a three year study, but that seems unlikely. The
contractor is
the Vera Institute of Justice.
There
is no current study of recidivism data for reconviction..
RESPONSE:
Funding
is still available in current year.
The hope is that it will be refunded for the next.
$250,000 is the total amount.
No
other research studies are planned for the future.
3/09
OCFS AGENCY LEVEL
ISSUE:
Mandatory Overtime for Nurses
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
2
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests an update on the following:
DISCUSSION:
The
Legislation provides for exemptions in emergency situations. PEF - OMH has a
pilot program in place that seems to be successful. Management – We need to
focus on increasing staffing levels and recruiting nurses.
RESPONSE:
DOL putting together formal
guidelines which will be based upon the interpretation as to what
constitutes an emergency.
Hourly
nurse positions have been available at those locations with higher amounts
of OT.
3/09
OCFS AGENCY LEVEL
ISSUE:
Contract Staff
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
3
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests information on the following:
DISCUSSION:
13
retirees have returned.1 Ed Coordinator, 1 LMSW, 2 supervising
Administrative Analysts, 2 psychiatrists and 3 CSEA titles
RESPONSE:
Number
of TEA’s has been dramatically reduced.
Retiree’s list didn’t differentiate between 211 & 212.
Management will forward additional information regarding the number
of consultant contracts and the annual costs.
3/09
OCFS AGENCY LEVEL
ISSUE:
Mental Health Services
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
_4
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests information regarding the following:
4.
Discharge planning for youth having received mental health services.
DISCUSSION:
Management plans to train ten more teams in DBT. It compliments Sanctuary.
The Agency is permitted to fill all MH positions.
Early release planning does not affect discreet MH units – release is based on clinical assessment. There is an entire protocol for anyone receiving MH services and medications.
RESPONSE:
Conducted Dialectical
Behavior Training.
More training is expected next year.
PEF has offered to provide funding to assist in this effort
There
is difficulty hiring Psychologists and Psychiatrists due to salary
competition.
3/09
ISSUE:
DOJ Update
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
_5
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests information regarding any updates connected with the DOJ
visits.
1.
Copy of report
if available.
DISCUSSION:
No report yet – but some
recommendations were made. Facilities have started doing PBS which is
out-come based. ACA establishes
standards – but is based on a corrections model.
To do both requires a tremendous amount of data input and paperwork
which takes away from direct care of the youth.
There has been some discussion about removing one.
RESPONSE:
No
report has been issued by DOJ to date.
3/09
ISSUE:
Facility Closures/Rightsizings
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
6
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF
requests the following information:
Note:
PEF would like to maintain the same continuity of information sharing that
we have had in the past.
DISCUSSION:
Management is waiting for budget approval , but is proceeding with the plan for closures.
PEF is concerned that there are not enough locations and vacant items to absorb the affected personnel.
Ella McQueen will close by June 1, 2009 for renovations.
RESPONSE:
Original facilities are still scheduled for closure.
3/09
OCFS
AGENCY LEVEL
ISSUE:
Hazardous Duty Pay
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
7
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests an update regarding the provision of Hazardous Duty pay
in light of OMH staff receiving HDP in facilities where our OCFS
staff are not.
DISCUSSION:.
RESPONSE:
A
committee will be formed by Bernard Johnson and Debye Lurie.
3/09
ISSUE:
Background and Health Checks for Temporary and Per-Diem
Hires
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
__8___
COMMITTEE REPORTS:
NUMBER
INFORMATION: NUMBER ________
CONCERNS OF INITIATING PARTY:
PEF requests an update on the following:
DISCUSSION:
Background checks have been added to new contracts.
The contractors now have to have
their employees sign and notarize that they have no pending criminal charges
and have a SCR check if they have regular and substantial contact with
youth.
RESPONSE:
PEF was appreciative that Personnel added the attestation form for Temp
staff to indicate that they have no prior convictions, or nothing pending at
the time of hire.
3/09
ISSUE:
EBCI Briefing
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
9
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER
_______
CONCERNS OF INITIATING PARTY:
PEF requests an update on the following:
1.
What is the actual cost per child given the current contract and
current
utilization?
Presented to the Governor?
DISCUSSION:
Management: Many are at half capacity. FFT Monroe – 40%, MST NYC 93%, MST
Onondaga 60%, MST Oneida 100%, MST Mid-Hudson 70%, MTFC 50%, APT 50%, NAFI
30%, Link City Challenge 107%. The new contracts do not pay for slots that
are not filled.
PEF –
Part of the contract is based on staff availability for referrals, so there
is partial payment for empty slots.
RESPONSE:
There
were no updates on the figures presented at the last meeting.
DJJOY
did provide utilization figures.
3/09
OCFS
AGENCY LEVEL
ISSUE:
OCFS Restraint Policy and Procedures
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
10
COMMITTEE REPORTS:
NUMBER
CONCERNS OF INITIATION PARTY
PEF requests updates on the
following:
1.
Please provide a list of numbers of restraints by facility for
12/08-present.
2. PEF
requests an update on the Sanctuary implementation, as well as information
regarding measurable outcomes.
DISCUSSION:
Management provided statistics for the first quarter. Training continues with Sanctuary. PEF requested that the Home Office Sanctuary Committee meeting minutes be added to the L/M minutes. Ines said she would bring the request back to the committee for a vote.
RESPONSE:
T.
Hough presented restraint statistics to
Sanctuary surveys indicated good results at Annsville.
Results were not as good at
DJJOY
provided a list of sites where Sanctuary training will begin.
3/09
ISSUE:
Budget Update
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
11
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER
________
CONCERNS OF INITIATING PARTY:
PEF requests an update on the following:
2.
The
budget identifies a decrease of 288 FTEs from the adjusted FTE level for SFY
2008-09. There is a
discrepancy in the distribution of the changes in the OCFS workforce.
According to the narrative in the Agency Presentation, the net
decrease of 288 FTEs reflects a reduction of 294 FTEs offset by 6 additional
FTEs associated with child abuse legislation enacted in 2008.
According to the table of “Projected Levels of Employment by
Program”, the 288 FTE reductions reflect the loss of 349 FTEs offset by the
addition of 61 FTEs. Please clarify.
3.
The
appropriations bill shows a $2.9 million increase (1.8%) in Contractual
Services. A large increase ($4.4 million, 48.7%) in Contractual Services
occurs in the Family and Children’s Services Program.
This contradicts information in the Consulting Service Contract table
in the Financial Plan, which shows that OCFS employed an estimated 251
employees under consultant contracts in SFY 2008-09 and will employ the same
number of contract employees at the same cost in 2009-10.
4.
The
budget calls for closures and bed reductions at various facilities and
programs, effective June 1. It
is apparent that the budget will not be enacted by March 1.
What is the adjusted target date for these closures?
5.
The
Early Reporting Centers in
$250,000 in
funding in the Youth Facilities Program for a recidivism study is
eliminated. There does not appear to be a re-appropriation for the funding
for this study. Please clarify.
DISCUSSION:
RESPONSE:
Budget was unable to attend this meeting.
A teleconference was arranged on May 12, 2009 to address this agenda
item.
3/09
ISSUE:
Workplace Violence
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
_12___
COMMITTEE REPORTS:
NUMBER
________
INFORMATION:
NUMBER
________
CONCERNS OF INITIATING PARTY:
PEF requests an update on the following:
1.
Implementation of the Workplace Violence Legislation.
2.
Update on progress of assessment (including who will be doing the office and
facility assessments), policy, and training.
3.
Number of staff injured in facilities for 2007 and 2008.
DISCUSSION:
Management had expected the legislation to be done at this time. DOL
regulations were to be out by 2/009. A teleconference for all employees was
planned in April to announce the new legislation and what the agency is
doing. Now it appears it will not be out until summer.
Cannot finalize a policy until the regulations
are received. The
teleconference will be mandatory for all employees. A DVD will be provided
to all facilities and program areas.
At the
PEF Health & Safety Conference it was pointed out that OCFS was second only
to OMRDD for Workers Comp claims at a rate of 14.3 per hundred.
Workers Comp claims increased from 385 in 2007 to 525 in 2008.
RESPONSE:
Waiting for final regulations from DOL before Agency policy can be
implemented. Videoconference
will be scheduled for training staff.
Assessment will be conducted by local Safety & Health Committees.
The Workplace Violence facility assessment tool will be piloted at Tryon
Girls and
3/09
ISSUE:
Sub-Committee Reports
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
1____
CONCERNS OF INITIATING PARTY:
PEF requests the names of the Management representatives for each of
the following committees.
Reports
from the following sub-committees:
Recently met and discussed
teacher positions including substitutes.
Concerned about reductions if Title 1 monies.
2.
Counseling:
Committee is currently restructuring
3.
Alternative Work Schedule/
Telecommuting:
This committee is
formalizing its members
4.
Training and Staff Development:
Discussed Article 15 secure voucher program.
STARS workplace initiative.
Many programs are on GOER’s website.
Monies are available for a variety of trainings.
5.
Nurses:
Committee is currently restructuring. There have been two new members
added.
OCFS AGENCY LEVEL
ISSUE:
Local Labor Management
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER
____1____
CONCERNS OF INITIATING PARTY:
Report out from the last meeting regarding the updating of Local L/M
committees. PEF remains
concerned that L/M meetings be held on a regular basis at all sites.
PEF
requests an updated list of Management’s representatives at all sites.
DISCUSSION:
RESPONSE:
Still waiting for CSEA to
send list for updates.
3/09
ISSUE:
Office Moves
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
______
INFORMATION:
NUMBER
____2___
CONCERNS OF INITIATING PARTY:
PEF requests an update on moves and upcoming leases.
DISCUSSION:
RESPONSE:
155
lease expired.
DCC staff relocated to 3rd fl
CBVH staff now at 2nd
fl. 40
Child
Welfare now at 2nd fl
3/09
OCFS AGENCY LEVEL
ISSUE:
Succession Planning
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
_
COMMITTEE REPORTS:
NUMBER
INFORMATION
NUMBER
___3____
CONCERNS OF INITIATING PARTY:
PEF requests an update
regarding activities being planned to prepare the workforce for the exodus
of experienced staff.
DISCUSSION:
RESPONSE:
Nothing new to report on
this initiative.
3/09
OCFS AGENCY LEVEL
ISSUE:
Education Titles and Nurses Recruitment
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ____4____
CONCERNS OF INITIATING PARTY:
PEF requests an update on the following:
1. Has
the SCOPE conference been rescheduled with Civil Service regarding the
disconnection between SED, Civil Service, and OCFS concerning Vocational
titles? If it has been
rescheduled – when? If it has
not – what steps has the agency taken to push for rescheduling?
DISCUSSION:
There
is a process to bring in a vocational instructor with new certification.
It’s on a case by case basis.
There is a problem with becoming permanent without a test being
offered.
RESPONSE:
B. Ruff has been following up with Civil Service.
No SCOPE meeting has taken place.
No change in education titles with State Education.
3/09
OCFS AGENCY LEVEL
ISSUE:
Communication/Technology/Cell Phones for RO Field Offices
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ____5____
CONCERNS OF INITIATING PARTY:
PEF requests any updates regarding the tracking and use of cell phones in
the Regional Offices.
DISCUSSION:
Cell phones are not an issue in some offices.
Management continues to monitor the situation.
Bill Dorr met with regional offices about this issue.
Any individual issues that arise around this topic should be brought
to Bill’s attention and it will be dealt with..
OMS did distribute 20 more phones that only have 911
capability.
RESPONSE:
Regions are aware of the importance of staff having the ability to
communicate when in the field.
Any problems or concerns should be directed to Bill Dorr in the Home Office.
3/09
OCFS AGENCY LEVEL
ISSUE:
Community Service Teams
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ____6____
CONCERNS OF INITIATING PARTY:
PEF requests any updates regarding
1. Case loads
2. Status of positions that were
previously approved but not yet secured.
DISCUSSION:
Queens/Long Island hired three new people.
Fifteen CMSO items were filled statewide.
RESPONSE:
PEF acknowledged some improvement in the downstate area with respect to
staffing.
More items are coming, pending approval.
3/09
OCFS AGENCY LEVEL
ISSUE:
Requests for Reasonable Accommodations
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ____7____
CONCERNS OF INITIATING PARTY:
1.
PEF requests any updates, pending review of the policy that was recently
forwarded to PEF.
2.
Update and status of any RA’s requested in the last six months.
DISCUSSION:
Policy was sent to PEF. PEF
made recommendations and returned it to management.
It is currently in the review process and will be sent back to PEF.
RESPONSE:
EODD reported this policy is currently in the review process.
Ray will get data and send to J. Ludwig.
3/09
OCFS AGENCY LEVEL
ISSUE:
Agency Labor/Management
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ____8____
CONCERNS OF INITIATING PARTY:
PEF requests discussion regarding joint training initiative at the Agency
level, including the status of the assessment form that was provided to
Management.
DISCUSSION:
RESPONSE:
This initiative is on-going.
Management provided this assessment form.
3/09
OCFS AGENCY LEVEL
ISSUE:
Facility Capacity Reports
NEW
BUSINESS:
NUMBER
OLD
BUSINESS:
NUMBER
COMMITTEE REPORTS:
NUMBER
INFORMATION:
NUMBER ____9____
CONCERNS OF INITIATING PARTY:
PEF requests copies of the Monday Morning Capacity reports, by facility, for
the last 3 months.
DISCUSSION:
Clarification was requested regarding what
information was being requested.
DJJOY responded that there is more than one report that indicates
capacity.
RESPONSE:
Reports will be provided for the last three months.
3/09