PEF/ORPS STATEWIDE L/M MEETING
SHERIDAN AVENUE, ALBANY, NY
MARCH 19, 2010
FINAL MINUTES
|
PEF Brian R. Pavlock, Chair Jack E. Herb James McGovern Joanne Bilodeau-Clement Daniel J. Gould Jennifer Mund Stewart S. King Brenda Van Wormer Zachary Kaiser Randy Harris, Field Rep Josephine Rice, Recorder |
MANAGEMENT Victor Mallison, Chair James J. O’Keeffe Philip Hembdt Patricia Holland Tim Maher Tom Bellard Todd Wynne, DTF |
ISSUE
1. Budget
DISCUSSION
The merger is in the budget with serious implications for staffing levels, 10% attrition. If savings can be found elsewhere, it may be applied to travel. Service level will be a key issue for us under the merger.
ISSUE
2. Tax & Finance (DTF) Merger
DISCUSSION
Members of the State Board and management testified favorable to the merger. The concerns were with continuing the level of service, if rates and analysis of local market areas would suffer. Regional services are top priority. Appropriation for ORPS is laid out as a division of DTF. If Article 7 language is removed, the appropriation language will be modified to address our needs, i.e.: space requirements. It will be much more difficult to manage without DTF. Last year FTE’s were close to 350, to manage future cuts. Twenty left under the severance plan, an additional 10-15 from straight attrition and 11 from the hosting arrangement. PEF is concerned with increased risk to safety due to cuts in the travel budget, especially consideration during inclement weather. Management is cognizant of those concerns and agreed wholeheartedly. PEF: Travel criteria encourages the least costly method of travel, without taking into account weather or road conditions. OSC needs to understand the safety factor, otherwise there’s a disconnect in approving vouchers. Management: Recent changes make the electronic travel process more efficient and timely for reimbursement. There are checks to insure the least expensive method is taken, language speaks to use of public transportation and state vehicles. PEF: Syracuse has no state vehicles. Managers question the need for upgrades. Foresters have two four-wheel vehicles with over 100,000 miles. A Jeep that is not sturdy to drive and a fourth vehicle with over 40,000 miles and $7000 in damages that may be revoked by OGS. Management is not aware of OGS taking the vehicle. A request was made for repairs on that vehicle. Management replied to a memo asking for agencies to surrender any vehicles that utilized less than 10,000 miles per year. We made a strong case to maintain every vehicle we hold. Albany has a van that will be folded into DTF with the merger. Management commended staff for the great work being done. PEF thanked management for its open communication.
ACTION
Management will address any vehicle request problems individually. Management will notify staff as soon as the location issue is decided.
ISSUE
Title Equation
DISCUSSION
PEF had asked that management work with Civil Service on expanding minimum qualifications for unique titles to increase opportunities for career paths. Management: Agency would cease to exist in the merger but the Division of ORPS will be created, still needing to provide equalization rates. The need for RPA’s in state service will not be eliminated. We will fight to maintain those activities. PEF: Members feel they are limited with promotional opportunities in a small agency. They have better opportunities by qualifying for more titles. Management: There are Civil Service restrictions. We researched comparability between certain titles. If open to all, how will work get completed? PEF: Agency determines if person can transfer, it’s not automatic. You control the experience level needed. The 52.6 probability increases once merged with DTF. DTF also has unique titles for part divisions. Titles may not be able to move over. Civil Service can determine transfer to any administrative position in the state. If title is too unique, it may not apply. PEF asked for a title review for other possibilities.
ACTION
Management will reach out to the HR office as to promotional exams for DTF that RPA’s may qualify for with the merger.
ISSUE
Building Security
DISCUSSION
An intruder entered the building on two separate occasions. Employees are responsible to keep the door locked. A security system was installed that alerts an outside company when triggered. Management is very concerned about staff safety and taking steps to insure protection. One issue was the scope of one’s job title. PEF: No one is qualified to challenge an intruder. Management: Those tasked with taking calls are to derive as much information as possible and immediately relay that to local police. Mr. Mallison will investigate. PEF suggested a person monitor doors in the short term. Person threw a rock through a window in Raybrook. Management: In this instance, person followed behind an employee with a swipe card. There is no title for monitoring access. PEF: In most situations, knowledge of security measures decreases problems. Local law enforcement trains in steps to take or recognize potential problems. They also do assessments. Management was given clear feedback from the union that it’s not within any title scope. Spending requests pertaining to this building may be dismissed, pending the merger. We will take suggestions into consideration. PEF: Syracuse had training by a professional. Suggest you test the intercom system and communicate policy. Management: Wearing ID tags is policy that needs to be adhered. We do not have security staff, individuals to cover booth. Agency receptionist became ill and secretaries rotated until grievances were filed. Video cameras were effective.
ISSUE
Appraiser Certification on ORPS Appraisals
DISCUSSION
Management needed a clearer understanding on PEF’s package. PEF: A CRP felt he could be held personally liable and fined when signing appraisal work under his Department of State (DOS) license. There is concern that some appraisers don’t sign any appraisals. CRP1’s perform draft appraisals, not final ones, until signed. Management: Is solution to remove the last page of certification? What standard is being violated? As the employer, not an outside entity, we set the standard for compliance. PEF: Regardless of agency policy, DOS informed PEF that if a person has a license, they need to put down the license number and follow DOS rules. Management: There is no need to sign if stamped draft. Certification is from DOS, but appraiser adheres to USPAP standards. Certain appraisers are overly concerned with form over substance. It’s not required in courts. Only appraisers involved in lending have to be certified. Agency felt the training and background to the certification was useful. If educated and good work is done, nothing requires they be certified. Unless there are specific instances of violation, it’s difficult to respond. PEF asked if management would issue something that provides immunity from prosecution. Management: If licensed, person has to adhere to USPAP. There’s a broad range of motion.
A G18 appraiser filed an out-of-title grievance because he felt he was being forced to sign appraisals under his license number, which is G23 work, because there is no G23 person in that region. The G23 outside the region refuses to sign off on work he didn’t review. A G18 is only required to do draft procedures. Management: Person can surrender license. ORPS made it possible for person to get a license. This is his primary job. USPAP doesn’t state person has to sign it. There is no reason a G23 or G18 has to sign it. We are the client. DOS will not have a problem if the client doesn’t need a signature.
ACTION
PEF will provide Management with specifics and potential
violations, to be worked out with G18 and G23. Agency attorneys will review
the details to make a determination.
Management has agreed to review any
information that PEF can provide in a timely manner and to address the issue
as soon as possible.
PEF: Current policy is there is no signing requirement. The last page states appraisals were done in compliance with USPAP. Stamp says it’s a product of ORPS.
ISSUE
Outside Activities Policy
DISCUSSION
ORPS Counsel created a new internal form that resembles DTF that may be less stringent. DTF: Employee is not allowed to provide tax services without prior approval from HR in certain cases. DTF offered assistance during a transition period for employees currently engaged in those activities. All state employees are subject to the state code of ethical conduct and provisions of the Public Officers Law. Statutorily, person cannot trade on state position. Memos of direction were drafted. It was decided internally to be more open and accepting of outside activities, i.e.: running for school board is not prohibited. Perceived conflicts will be determined individually. The form will have attachments of existing links to policy for a reasonable understanding of what’s acceptable. There is a review committee for consistency in denials. Counsel may disapprove at some point. Anyone collecting a paycheck should report it to provide a level of protection. DTF does ask for salary. Director of HR has given a considerable period of time to work out amenable solutions. Union is willing to work with individuals. One situation was mentioned in Syracuse that may require someone to make changes with a business once notified. PEF asked for guidelines to be developed. Management was hesitant to create policy that restricts managers’ ability to be flexible. They will look at it internally. PEF: It’s beneficial to send out policy reminders so employees are familiar with critical issues they may normally not deal with i.e.: FMLA. Also, the transition may exceed the six month period stated in the memo if someone is audited. Tax Department’s Code of Conduct allows employees to prepare taxes for themselves, spouses, children, spouse’s children, brother, sister, parent or grandparent. However, department employees are strictly prohibited from preparing taxes for any other person or any business entity whether uncompensated or compensated for it.
ISSUE
Newburgh/Regional Office Leases
DISCUSSION
OGS is reviewing plans to modify the space and reduce it to make it more cost effective. There were conversations for adequate training space. DMV has already vacated the space. A request was made for DTF look at moving people into that space. Syracuse lease expires in two years. People were notified of the construction and asbestos abatement work being done. PEF steward will be involved to make sure city code and requirements are met. Management will forward direct concerns to OGS. There are no plans to change office furniture or space.
Management visited Newburg and Batavia sites. Raybrook is scheduled next. PEF: People were much more reassured, happy to hear about DTF programs that weren’t previously available here and educational opportunities. Communication needs to remain open. Meetings were held with each of the units in this building. Two teams were developed to handle issues. The Culture Team talks on differences among our 300 people, and compliance with DTF rules and regulations. Management was pleased with the 70% response rate from the staff survey. The Logistics Team talks on potential relocations, layout plan. There is a desire to provide more individual employee feedback to managers as to what we need. DTF has been very open and willing to work with us to deliver our mission effectively.
A reminder email was sent that everyone needs to make sure to file taxes. Don’t jeopardize your job by not filing. There is policy for reasonable extensions.
Next meeting date: October 15.