CONVENTION MOVES TO CATSKILLS sx.
MPLON
a>
Middaugh Chairs Policy
Bischert, Puma Voted Top Posts | — Q oy
Richard J. Bischert was unanimously ap- i
pointed executive director of Council 82 by its
executive board recently. He succeeds John a
W. Burke, who resigned for personal reasons, fi
in the union’s highest administrative office t "
Joseph P, Puma was unanimously elected to
fill the post of president, which had been va-
cated immediately by Bischert upon his execu-
tive appointment. Puma is the youngest presi- : E
dent in Council 82's history and, at age 30, is
~ said by the AFSCME International office in
f y Washington, D. C., to be one of the youngest
council presidents anywhere ever inthe federa- i
tion.
Dennis Middaugh, a veteran correction of-
ficer at Elmira CF, president of Local 1240
there, a member of the C82 executive board, ,
Negotiating committee, and head of several *
emo convention committees over the years, was .
Albany. From lett, Dennis Correction Policy Committee to
Middeugh, Correction Polley chairman; Richard J. Bischert, executive director; Joseph P. Puma, president. be its new president, succeeding Puma, a
vind “ i ‘eae H Timothy Rounds of Clinton CF, immediate
Kh Coxsackie? / Council 82 Day gas: yrercent ot .sca 1272 negetator and
Nalne can MEM, L\f C82 executive board member for many years, : 4
i" VT H ‘:
Waren PM x At Heritage Park vas crosencourci tegisiaive chaiman. He : i
, Oodth-Walle we ‘succeeds Ralph Kent and will work closely with 4 3 H
Owl) ‘Aug. 21 has been designated C82 Legislative Director Kathy 8. McCormack. . {
Council 82 Kids Day at Heritage . !
Gounei 62 Kids Day at HAHGE ses yculan and Deni cher were ;
AA Albeny-Colonie Yankees base. elected 10 vacant executive board seas in a i
ee close race that saw them edge out Joe Kraft of f
Council members who desire ree Coxsackie, Mike Booth of Watertown, Tom
admission tickets to the game with Gregwareof Altona and Wendel Hill of Fulton,
the Pittsfield Cubs should contact a + . ; A
Chuck Booth at the Council office Dale Sears, executive vice president at Clin- }
(518) 489-8424. Council 82 will pro- ‘(0 and a long-time Council activist, was
Vide the tickets, good for anyone 17 __@lected vice chairman of correction policy. : , :
fears old or younger, for the 7:30 Larry Simmons, treasurer of Coxsackie Local ‘ ‘
fem game. Remain 1264 and a resident of Catskill, was voted cor- ‘
toyoungsters at Project Strive, one _"@ction policy treasurer. Cindy Trimble, long- . : i :
of several charities assisted by Al- time olfice-holder and now first vice president :
working velerans, CO Warren McMillan (left center), president of
Green Haven Local, and CO Dennis Fletcher, vice president of f
Washington Correctional Facility at Comatock. bany Police Department Local 2841 (Continued on Page 12) any <
Council Convention
Moves to Catskills
The location of the 1985 Council convention
has been changed from the New York City Mar-
riot Hotel to the Concord in Kiamisha Lake in
the Catskills.
The executive board made the decision after
the Marriott, scheduled for completion in June,
kept moving the date back until it was Sept. 1,
the same time as the original convention date.
— The board reset the dates for Sept. 11-14 (with
Listening to Mike Clark (far right), president of Groveland Local, making a point are COs (from left): John &xecutive committee meeting Sept. 9; execu-
Brooks, Mt. McGregor; Albion;C. Jack tive board Sept. 10) on New
Middaugh, Elmira; York would be given first consideration for
1986,
Jim Mi
{back to camera) Daisy Johann Burkovinsky, Graney, Auburn.
Page 2
COUNCIL 82 REVIEW
August
We're Proud of Improved Programs
A changing Council 62? You Bet! Many of the past changes within this
forgot hi
‘Over the past two years we have developed several major programs, ie.
Death benefits for which 24 members’ families have collected, and more
than a dozen more now being processed.
Scholarship programs—well over $100,000 worth of scholarships have
been awarded to the members of this union
andhave
had several pay
ment for the SHTAS.
the IRAs. We will soon have payroll deductions for state employees for Dime
loans.
The Mang insurance programs have continued to grow.
We have been developing a retirement plan for our members through the
Rhulen Agency. This will be provided statewide for all of our members.
‘Next year we'll be receiving monies from our employer for our first Em-
ployee Benefit Fund, the use of which will be decided by the Council 82
executive board.
Richard R. Rowley, attorney, is working with the Office of Employee
Relations developing language and guidelines for the use of our negotiated
legal defense fund,
We have, through the law firm of Rowley, Forrest and O'Donnell, received
concerning Arthurkill Correctional Facility. Arthurkill had planned to close
four of the towers out of the six available at the facility. The judge will make a
final decision later on this week. We feel this created a very unsafe working
condition for our employees who work at Arthurkill and reduced the security
for the residents within that area,
practice with
Services concerning Auburn Correctional Facility and their policy of outside
hospital assignments.
Director's Corner
By Richard J. Bischert
Executive Director
August
COUNCIL 82 REVIEW
Page3
‘Working Together, We'll Make Great Strides’
Before | begin my President's Report, | would like to thank those people
in Council 82.
Dick Bischert
| would also like to congratulate Dick on his unanimous appointment to
executive director, a position that can only be properly filled by a competent
‘and dedicated individual which | know Dick is. He has proven as correction
Policy chairman and also as president of C82 that he is a man who does not
everyday
both of my capacities at C82 (correction policy and president) | have had to
replace him, which is a mighty tough job in itsel.
woul iddaugh of Elmira in his unani-
The contract beyond our would also like to congratulate Denny Middaugh o rainhis nan
toconduct th P
raat i ig with Denny on y ‘a council
imately four AAs president, | will continue to keep the lines of communications open
in this term of the Legit meaning that there would have been no pay
July 12,1985
fuat and Control Could not have processed any raises until everyone td
signed off. We chose to send out the ballots through @ mailing house, The
mailing house has membership addresses which are updated week by our
office. Even with this, many
bership list with addresses. We sent them first class mail to our members and
between the locals and Council 82. As | have said many times at correction
Policy meetings, communications are the key to our union. Ifat any time you
hear rumors on what J. Puma is doing, feel free to contact me at the office for
Verification. itis not healthy to hear rumors and allow them to fester until the
next meeting. It is much better to deal with them as they happen.
| will continue my commitment to get out into the field to not only meet
local union officials, but also to tour work sites and meet the rank and file. |
ident, but itis set up
properly, it can be done.
From the President
By Joseph P, Puma
Council 82 President
‘Deep Appreciation’ for Honor Guard
Dear Mr. Puma:
In behalf of my family, | wish to express our deep appreciation to all the
the funeral Mass for Brian Scherzinger. It meant more to the family than
anything else. And I'm sure it meant very much to Brian. He loved the Correc-
had more than 800 returned with the wrong addresses. After a considerable and that
‘amount of review of this problem we are changing our office procedure. We is trust and y with your newly elected 1am not
now havea puter to inst asking for Council
bership and to update daily as we receive address changes. We will then be £82, What I'm asking is for a concerted effort by both Council 82 members and
tomake have been involved with
continue to use the mailing house for the mailing of the nly. This
should Ageit
if members do not produce new addresses to this office, we have no way of
knowing whether they receive their mail or not.
ations. And
why we were unable to have a contract in place before April 1. Those who
and | am not so proud of others. We have made great strides although our
house has had internal and external problems.
the same direction? Could our contract be violated? Would we have staffing
Other We
will continue to address each issue in a forceful and a very professional
manner. We believe that we can have a working labor/management relation-
ship and also protect our members and address their concerns.
All of the above are problems resulting from staffing issues. We will not
‘and contingent posts, nor will we accept any attack on our present seniority
system.
. Thomas A. Coughlin,
on say 2 Members will be informed of those results concerning staffing
probl
‘have recently sent a memo to al local union lesders advising them to
orrectional
Association). Their position favoring contracting out and privatization of the
prison system are alin to our philosophy and to the wel-being of our
members. Therefore, fenew your:
York City’ ins
year. AFSCME has also supported this position. We can not belong to an
Organization tat wil renovejobs downgrade our postions, and reduce the
of New Yor facilities or ploy
them.
| have been informed that retroactive pay raises will be received on the
‘Aug. 8 payroll for administrative employees, and on the Aug. 15 payroll for
institutional employees. The raises will include the retroactive 4 per cent for
trainees to 10/1/84,
Line-up pay
payment wil be include in these raises. Problems with raises should be
directed to your local payroll offices.
whole organized process that we normally would have gone through in #
negotiations year.
Would 1
‘out the ballots ourselves " 4 timely fashion in order to have them returned
before the Le will
such a problem again in the ute.
axpand awarene
the members needs, We plan on increasing benefits to our membership. We
‘areas with all of us working together where we can produce a strong, vale
9 iployer may implemer
in our future relationship.
During the next several months there will be many changes within this
also,
Chalk Up Another for Council 82
‘As a result of several labor/management meetings at Kingsboro
Psychiatric Center in Brooklyn, management has agreed to purchase
Pe
machines. A computer will be installed in the safety office. Al Rao,
Council a repreoniatig, said, “This item will help upgrade the depart-
We
organiza ion
Council 82, AFSCME, Supporting
Solidarity Day Rites Statewide
Council 82 is supporting Solidarity Day 1985 across New York State. in
Albany, ‘1p.m.on Labor Day,
Park and a picnic at 3 in Coring Park Preserve, v1 union members, their
elcome. Bill Lucy, of AFSCME, is
scheduled to be one Of the speakers.
APPLICATION FOR RETIREE MEMBERSHIP
Bids have
as yet, hi Come APSCME, AFL-CIO
printing,
‘Chapter Number Sub-Chapier Ni
All of us have recieved a special edition of the Enforcer which had a a Chapter Nember ‘At Large Number
Appl 5
understand exactly what their new contract covered. Spouse Applicant
‘Signatare of Applicant 5,
members concerning the Council's operations, we are reviewing present
Procedures and will be updating the office and field services over the next
‘several months. Our be modi-
fied. As the computer program become fully operational, all tievances and
arbitrations will be on the computer for later reference. Important grievance
their information. | have also discussed with the Governor's Office of Em-
‘name, address, phone number and shift assignment. With this added informa-
losenda
tion,
copy of a grievance decision directly to the grievant.
State Tip Come
Daytime Telephone Number Dues Paid Becrived by
‘Social Security No. Former Employer Tiy/Siae
Applicant's former Local No. & Name
——__He
callit keeping pace withthe times... That's Counci 82"
»
Richard J. Black
Executive Director
Joseph lames Hollis Chase Thomas inglee Alen
President Vice President Associate Director eeurar
Executive Board
Charles Cambareri John Ippotlito Dennis Middaugh
Jay Cunningham awrence Johnson abet Paron
Douglas DiGerlando Philip Knight ichard Petter
Ronald Edwards ster Tinoty Bounce
Jack Emmett Roland Martin put eae
Willed Flecha Robert McCarthy Poe Zonet
i Fi Warren McMillan
‘Council 82 Enforcer August 1965
Editor and Public Relations Director
Vol. 22,No. 8
Charles R. Booth
yp
relatives and friends were very impressed by the sincerity and actions of the
Honor Guard. They performed a wonderful service and are to be highly
‘commended,
Our family also wishe
you and Ci all
Sincerely,
Charles F. Scherzinger
Clifton Park
Council 82 ‘the Leader in this Country’
Jim Mann, Attica Correctional Facility
Jim:
tions, and in so doing have come to fully appreciate the work you, and the
people that make up the union that represents the correction officers in New
York State, have done. Florida has the “right-to-work law," and therefore fewit
year, and can never look forward to any raise of any kind unas the sat
enior-
secu. Vacation time, if you can getit at all, is upto the discretion of prison
management. AS | receive a very good pension from New York State | am
‘add to my income. T
by the union in New York State. In essence, this letter is, as | stated before, a
letter of deep sopreiaton to you and the union sta for making New York
State a leader i y.t y YOu
can relate the contents ofthis letter othe corection officers
Yours truly,
Henry Herrick
Eustis, Fla,
This Letter Speaks for Itself
Letters to the Editor
Rochester Democrat & Chronicle
I simply
have ever seen in print, 'sletter of
April 4, 1985.
“The death penalty would not have deterred Smith from kill-
ing prison guard Donna Payant in 1983.”
Of course it would! He would have been dead!
And please call us correction officers.
Sincerely,
John W. Burke
We also met with several disappointments, We were successful in passing
legislation giving Security Hospital Treatment Assistants a 25-year half-pay
and psychological screening for Safety Officers.
Death Penalty Legislation
100/A.2922) passed both
The original death penalty legislation ($2
houses very eal tis session ‘On April 17, 1985, Governor Cuomo vetoed the
bill bringing the total number of vetoes of this illo nine. On May 29, 1985, the
a 'sveto. On June 10, 1985, the motion to override
deputy sheriffs, and to permit the Capital Police and the Environmental Con-
servation Officers to transfer into the Police and Fire Retirement System.
Below is a synopsis of the 1985 session and action on our legislation.
Prison Expansion
(Urban Development 8.6757 Delivered to
Corporation Bond Authorization) A.8284 Governor
The Legislature enacted legislation guaranteeing $177.1 million of new
appropriations from the capital projects fund for new prison expansion. It
breaks down as follows:
1, Franklin County Facility—500 beds. — 37M
2. Wende Correctional — 21M
(Supplemental appropriations)
3. Two maximum security facilities of 500 beds each in Jetfer- 118 M
son County or adjacent to one or more of the following
Eastern, Clinton, Great Meadow, Coxsackie, Attica or Elmira
(This replaces the proposal to build a 1,000 bed facility in
NYC)
20 M
4, Expand capacity of 200 inmates at each of the following
facilities: Bedford Hills, Washington, Orleans, Wyoming, and
the facility to be constructed in Franklin County, and for
approximately 100 inmates at Altona
TOTAL 177.1M
‘SHTAs 25-Vear Half Pay Legislation
Donovan 8.8268 Passed Senate Delivered to
Ruggerio A418 Passed Assembly Governor
MePhillips
‘The bill is awaiting the Governor's signature. The cost to the State of this
legislation is $800,000 annually.
the Governor's veto in the Assembly was lost. The legislature did not take
action on our legislation this session (S.3140/A.4021).
\ believe a lot of progress was made on the issue of the death penalty this
session. First ofall,
since 1982. This year they both did.
nd, Govern
the ime This was seen by his introduction of and lobbying effort for lite
without parole legislation. Several versions of his legislation were also intro-
duced. The Governor was successful in getting the life without parole bill
passed in the Assembly (A.6042), but not without a six hour debate on en
amendment offered by the Assembly Republicans to include a death penalty
hhave parts of the debate printed.) The Senate, in the final hours of session,
passed a life without parole bill that included the death penalty for certain
homicides (S.6614). Since the bills don't match, therefore technically being
‘one house bills, they will not go to the Governor.
Third,
ence, the Metro-Police Conference, the New York City PBA, the Chiefs of
Police, the Transit Police, the Correction Officers Benevolent Association, the
Correction Captains Association, and the Housing Authority Police, to lobby
both for our to override tl We split the
‘Assembly people who voted against the death penalty among us, and lobbied
hard to get them ge thelr minds. we
did show the Legislature just how serious we are.
ar, this
issue.
Binding Arbitration for Deputy Sheritfs (A.2701B)
Council 82, along with the deputy sheriffs locals, put on a tremendous
effort for this legislation; however, we were unsuccessful in getting it passed.
This year, in an attempt to force the Legislature to take this legislation se-
riously, these Deputy Sheriffs were incorporated into the two year binding
passed the bill we introduced just for deputy sheriffs. The Assembly has not.
However, both houses always pass a two year extender for Police and Fire. By
theL Inorde
Tier land Tier Il SHT pay y
of service, without regard to age.
to not give the deputy sheriffs binding arbitration, they had to deliberately
Tier Ill and Tier 14
aw. Article
election the Security Hospital Treatment Assistants the same benefits as it
out of $.2008, and passed it saying they would recall it and include deputy
( pay
25 years oi service, without regard to age; (2) the disability benefit added to
Article 14 by Chapter:
quality
toquality Thereis
tt
sheriffs if the pe 27018. The y . Instead, they
passed A.2184, a straight extender for Police and Fire.
Why? Believe me, it's not from lack of effort. Council 82, all of our deputy
sheriff locals, fort
th
the job is eligible for 1/3 of salary disability); ar
NACC officer prior to service as a SHTA can
25-year half pay.
Tier IIl and IV SHTAS are now subject to the social security offset. Next
year's Tier II! offset bill for Correction Otticers will include SHTAS.
of
ind (3) any SHTA who was @
that time toward his/her
Padavan $4387 Passed Senate Delivered to
Connelly A.3609A Passed Assembly Governor
This bill sets up the same psychological screening process now in place
for Correction Otticers.
Binding Arbitration for Police and Fire
Flynn $.2008 Chapter of the Laws of 1985
Lento! A2184
This legislation extends binding arbitration for Police Officers and Fire-
fighters for two years. Originally, this legislation extended binding arbitration
In May
Bill
ind Fire and extended it to
died in the Rules Committee.
2701B extended binding arbitration for Poli
deputy sheriffs, At the very end of session,
Counell 82 Contract Legislation
Senator Cooke
$.6563 Chapter 305
Rules 8098
passed (and by days,
meetings with Senator Anderson, Speaker Fink, Governor Cuomo's Criminal
Justice Director Lawrence Kirlander, and every single legislator, ran adver-
tisements, wrote letters, etc, etc., but the Assembly still refused to do it.
| believe we didn't get it because if we had, it would set a precedent for all
Beli
their Al tionof
Counties lobbied agains it
continue top pr
We can't give up now.
Capital Police and Environmental Conservation Orficer Transter into Pollce
and Fire Retirement
is session fthe
Legislature to pass legislation allowing these Police Orticers to transfer into
the Retirement System they belong in,
An all out effort was made by Council 82, Local 1870 and Local 1873. !
are, and righth th
only “sworn Police Officers” of the State of New York who are not in the
retirement system you belong in.
—they don't want to roll Tier I
back to Tier I—that it would set @ bad precedent—that you don't deserve
Officers. | h
pick up a piece of paper and write your legislator on these bills. You deserve't
Wi we will
accomplish it!
Continued on Next Page
August
COUNCIL 82 REVIEW
1985 Legislation (Continued)
PAC Committees
this session. We have become so
successful in ofganized and professional. We have been
9 many of our;
Any requests for legislation, ideas, or it
nan’ 00 | ideas, oF suggestions on anything are more
Retirees
The Counic! 82 Retiree Chapter has been slow getting off its feet. Hope-
Legisla-
ture did pass legislation that would increase the amount a Council 82 ralree
may earn in public employment without reduction in ret
may gam in pul in retirement allowance
full
Final Status of
Legislative Agenda — 1985
Sponsor Bill Number Status
CONTRACT
Cooke Contract for 1985-88 S.6563 Chapter 305
Rules
ALL MEMBERS:
Volker ‘Council 82 Death $.3140 Codes
Graber Penalty Bill A4021 Codes
Volker Original Death $.2100 S. Override
Successful
Graber Penalty Bill A.2922 A. Motion to
Veto Memo #4 override veto lost
Marino Constitutional $.2560A Judiciary
D'Amato Amendment for A.2983 Motion to discharge:
Death Penalty lost by Assembly
Democratic block
Marchi Life w/out Parole $.2470 Codes
Leichier (OPPOSE) ‘$.1660 Codes
Lipschutz A.1034 Held in Codes
Weprin A.6042 Passed Assembly
(Did not pass
Senate)
Rules Life w/out Parole/ $.6614 Passed Senate
Death Penalty (Did not pass
Assembly)
Lentol/Spano Tier 111 3% A5236 ‘A. Ways & Means
Contribution, Non- $,2885A__S. Passed Senate
Taxable
Proud Use highest 3 years A.5958 Passed Assembly
Trunzo of salary for final $4187 S. Finance
average salary—
Mega Make Tier Ill & IV $.6747 Diedon Third Reading
Rules Death Benefit same A.9520 Gov't. Empl.
as Tier Il
Bianchi Borrowing against —A.7634 Governmental
Volker ‘3% contribution S.618 Employees, Civil
Service & Pensions
(waiting for fiscal)
Skelos Peace Officers’ ‘$.5089 Passed
Miller Indemnification A1038A Passed
Barbaro Extends Agency Shop $.2110 Chapter 276
Flynn Provisions A.2894
CORRECTIONS LEGISLATION
Marino Regents Scholarships S.1317 —_S, Passed
Robach for Children of ‘A.1957 A. Ways & Means
Correction Officers
killed in the line
of duty
Marino Deployment of CERT $.1760 S. Crime & Corr,
Miller teams for distur- A247 A. Codes
bances at local
facilities
Mario/Volker Remove Social ‘S.875A S. Civil Service
Lento! Security Offset AA311A A. Gov't. Empl,
($3.6 million)
1/50 FAS for each ‘$.4260 S. Civil Service
year over 25. A.5980 A, Gov't. Empl.
Statford Full Disability 8.2775 S. Crime & Corr.
Lento! ($43 million) A2722 ‘A. Ways & Means
Sponsor
Marino
Seminerio
Volker
Graber
Dugan
Volker
Graber
Schermerhorn
Lento!
Mega
Brodsky
Statford
Hinchey
Bruno
Lento!
‘Schermerhorn
Lento!
‘Schermerhorn
Seminerio
Skelos
Rules
Flynn
Lento!
Schermerhorn
Seminerio
Lentol/Proud
Robach/Gantt
Lentol/Proud
Robach/Gantt
Stafford
Hinchey
Schermerhorn
Lentol
Schermerhorn
Dugan
Trunzo
Lento!
Trunzo
Lento!
Halpin
Padavan
Connelly
Padavan
Miller
ein Number
Heart Bill 8.4828
‘AS22A
Package Rooms 8.2967
3819
20 Year Pay 8
A
Cap. Police in 8.2404
Corrections Agar
$50,000 Death Benefit S.985
A370
Reopener Career Re- S.4076A
tirement Plan for A.5807A
Correction Officers
(Section 89)
($1.5 million fiscal)
Protects disclosure of S.5785
@.CO's home address A.7440
during a court
proceeding
PARK POLICE
Park Police Division S,2803
3643
20 Year % Pay S271
($500,000 fiscal) A.9548
Reopener for Park §.4076A
alice ASB07A
(81.5 million fiscal)
Appointment to 8.4254
another police force, A.5988
wai
ge re-
quirements
LIFEQUARDS
Competitive class $.6382
of Civil Service §=—A.8208
DEPUTY SHERIFFS
Binding Arbitration $.5823
for Deputy Sheriffs A.2701A
TranstertoP&F —_§.2055A
28964
Civil Service 8.2773
Appts.—Monroe Co.
A2723
Monroe Co. Appts, 8.2774
to Supervisory
Positions 2645
ENCON/CAPITAL POLICE
Division of EnCon 8.2802
A644
EnCon/Cap.Pol. $.2496A
Transfer A33844
Allow Retirement in $,2497
Cort. for Cap. Pol. A.3371
Transfer toP8F 8.6187
Cap. Police A7568
($36,000 annually
& one-time cost
of $10,000)
TransfertoP&F $6213
for EnCon Officers A.7844
($47,000 annually
& one-time cost
‘of $220,000)
Divide Department A.7031
of Environmental
‘Conservation
(Oppose)
‘SAFETY OFFICERS
Division Bill 8.9058
4.3007
DOH Appearance 8.5055
Tickets A1856
Status
Civil Service &
Pensions
Gov't. Emp.
Crime & Corr.
Held in Codes
Waiting tor
fiscal note
Ways & Means
Civil Service
Ways & Means
Civil Service
Gov't. Empl.
Delivered to
Governor
Tourism
Ways & Means
Finance
Ways & Means
Civil Service
Gov. Emp.
Passed both
Houses
Rules
EnCon
8. Civil Service
Rules
Civil Service &
Pensions
Ways & Means
Civil Service &
Pensions
Gov't. Empl.
Civil Service &
Pensions
Gov't. Empl.
EnCon
Ways & Means
Civil Service
Gov't. Empl.
Civil Service
Ways & Means
Civil Service
Ways & Means:
Civil Service
Ways & Means
S. Finance 4/30
‘A. Ways & Means:
Health
Codes
(Continued on Page 8)
On the Lo
Page 6
COUNCIL 82 REVIEW
August
COUNCIL 82 REVIEW
Page
|
-
gi 3
aS ¥
zt —
x
s
w
wew york dd
Jes, right, present schotaraip certileate to settrey P. Loom! a rges graduate of CNT Brothers
ie ihe son of Paul toms ett 8 25°90 *ereran of the Alban ‘police Department jettrey will enter
fund major in com Rent of Local 2841+ ribany Potice omnicer®
Ning
Union. The local Pr dent is games THtTeY
gineering, Hendon * vice presi
Donal
tofoltow ini
The
m safety a",
director Katy nes
Ci
met rece
ently in
c
Executive Director
Frecutive 0 rector Richard
1. chief J. Bi
Shop Seward st enna Coreetoal acy.
(ae Faclly. The cored was for Fr plaqi
1e award was for ue to Frank
Frank's “exem|
plary
the ot d wite, Pe
uni
in, Council 82
cer lobbying’
service to Loci
al 1548
= ‘and to Council 82.” At right is his wit
is wile, Penny Gui
erin.
pe
¢ Payroll Deduction for Your C82 Dime
raion otficers Local 115): presents a check
ers trom ett), president of Tiny
rogram fOr
Corre
jnance its P!
posi campbell (DACK OW.
veschoo! wiluselts new ‘machineto en!
ietive in charitable fundraising:
; Paul yt
Adam Cassiack, treasure’ of Woodbourne
1 a video cassette recorder tO Sar
ca axe. The non-profit
tlicers have jong been
jon otticet
urchase o|
ots Playschoolin Kiamnes
The children. Woodbourne ot
Correctl
Pare eet ey
Legislative Wrap-up
Sponsor
Padavan
Connelly
Padavan
Connelly
Padavan
Donovan
Ruggerio
Padavan
Connelly
Hoyt
Volker
Lento!
Trunzo
Statford
Hinchey
Rules
Marino/Volker
S. Mega
A Rules
Flynn
Lento!
(Continued trom Page 5)
Bil Number
Psy. Screening 8.4987
A3699
25 Year %& Pay s.
($825,000 annually A,
and one-time past
service cost of
$900,000)
Gun License $4388
SHTAS
25 Year % Pay $.3826A
($800,000 fiscal) A.8418A
Full Peace Officer $.5054
Status
UNIVERSITY POLICE
Extend Peace Officer A.3206
Status 8.637
25 Year i Pay
($335,000 annually
and $1 million past
cost)
Division Bill
Univ. Pol. Training —A.6494
(Oppose) 8.5565
FOREST RANGERS
25 Year % Pay 8.
($145,000 annually) A.
BILLS TO WATCH
Inmate Grievance —_$.1998
Bill (Oppose) A1044
(DOCS Opposed)
State Commission of $.4545
Correction Billon —A.6126
Inmate Grievances
(Oppose)
(DOCS Opposed)
jerminate A027
Sentencing (Opposed)
POLICE AND FIRE
aF
(Cont,)
Binding Arb
PAF
Status
Passed—Sent
Governor
Waiting for
number
Passed—Sent
to Governor
Codes
Held in Codes
Higher Education
Waiting for
numbers
Higher Ed. Com
(Waiting for
numbers)
Higher Ed,
Passed Senate 6/5
Waiting for
8. Crime & C
A.Ways &
Crime & Corr,
Codes
Local Govern.
Local Govern
Chapter 275
Convention Features
Hawaiian Luau, Band
‘A Hawalian luau and a revue with hula dancers, singers and Polynesian
band will be the A sikscton for Council 82 convention delegates
will be Thursday's ht ‘how
Sponsor Bil Number
Trunzo Standardizes 8.4379
Seminerio Retirement and 6138
Disability Options
Career Retire, $.4076A
Police ASBO7A
Trunzo Extends Tier II 8.5181
Lento! provisions forall A.7728
police officers
until 1987
Trunzo This bill increases §.5816
Lento! the special acc. 7520
death benefit in cases
where the Social
Security benefit
received by the widow
{is reduced (Police and
Fire Retirement only)
Schermerhorn This bill would
Dearie increase the
used in the computa-
tion of the special
accidental death
benefit by 3% in cases
where the date of
death was before 1985
(Police & Fire Retire-
‘ment only)
Schermerhorn
Lentol
Patton ‘Any permanent police A.3459
Tully officer who is tem- $344
porarily assigned to
perform duties of a
detective in excess of
‘six months shall be
Shermerhorn
Seminerio
Any political sub- $.2057A
division maintaining A.2834A
@ police department
serving a population
of 150,000 or less,
with 4 full-time police
officers, shall have an
office of chiet of
police
VETERANS CREDITS
Vietnam Credit AT332
Lento! Retirement Credit A.4192
Knorr for Military Duty ——§,9224
Credits for WWII, A.3109
Korean & Vietnam — §,2381
Kehue Allows up to3yrs. §.182
Credit for time served
Knorr Mandatory counting $ aare
Connors of Veterans for
Retirement Credit,
urposes
Connors
gmat
Shermerhorn
RETIREES
Flynn This bill would allow $.21070
Daniels the amount a retired A.29124
person may earn in
Public employment
without reduction
In retirement attow-
ance from $6,960 to
$7,320
Status
Civil Service
Gov't, Empl.
Civil Service
Gov't. Empl.
Chapter 281
Chapter 262
Chapter 277
Passed both
Houses
Passed both
Veterans Atta
Veterans Affairs
Veterans Affairs
Veterans Affairs
Veterans Affairs
Passed both
houses
Passed both
houses
COUNCIL 82 REVIEW
Council 82 Court Action
Thwarts Double Jeopardy
Couneil 82 won a victory recently that will prove beneficial in future
arbitrations, at the same time upholding a previous award to a correction
officer.
On Oct. 8, 1984, Council 82 Staff Representative Ronald Brown won the
reinstatement of @ Bayview correction officer. Several of the disciplinary
‘charges against this officer were dismissed on the basis that they were time-
barred by the nine-month limitation contained in Section 8.6 of the contrac.
Yet it took aggr from
to double jeopardy.
the award and terminate the Bain ‘correction officer's employment. The
June 13 with a
He
the welcoming speaker, Margret J. Appe, first deputy superintendent, chats
with CO Joseph Kraft, president of Local 1284, In QWL Dining Room.
Rae
modity the award,
ment that two ofthe charges ware dismissed on mere procedural grounds
without consideration of their merits, and that the department could “seek
arbitration of these two unresolved matters before another arbitrator’.
In onde t bun tha tat of second et of charges, Coun 82mm.
diately proceeded to court in order to confirm the original award reinstating
the corection ocr. end to vcele the supplemental opinion end award
which would permit the department to seek a second arbitration.
and confirmed the initial award, while vacating the supplemental award:
dof Jan. 11, 1985, is, however,
the arbitrator has improperly attempted to delegate his authority to
Council 82 attorney, Christopher Gardner, who presented this case,
tion officer involved, but for Council 82 and the arbitration process. On far too
decisions, and this decision will slam the door on their blatant misuse of the
modification procedure. Additionally, this victory puts some teeth into the
the contr
vigorously.”
and will encourage other disciplinary arbitrators to enforce it
Former C82 General Counsel Opens Own Office
Peter Henner,
1981 until August 1984, has ‘ablahed a private practice of law. Mr. Henner
was hired by then Executive Director Thomas Holland to replace Patrick
McNamara, who had been killed suddenly in an automobile accident.
Pete took over at a difficult time in the Council 82's history, and, in three
years, was able to develop a widely respected in-hou: | office of three
attorneys and two law clerks. In addition, Pete had an excellent record as an
sdvocat
tothe union, Pp
fighting until it won.
for the rights of public employees. He was recently hired by the Public Em-
ployees Federation to try a case involving a probationary employee who had
bbeen fired for whistleblowing. After a 9-day trial, the jury found in the em-
ployee's favor, and the court ordered the employee rehired with full back pay.
Henner is now suits to enforce the Clean Water Act.
the Department of Correctional Services or other state and local agencies
Executive Director Dick Bischert and President Joe Puma both wished
landmark
Public employees.
Pete Henner was best known for his vigorous defense of the “Downstate
3," three correction officers who were accused of utilizing excessive force
If yoars, the cases came to an end. One arbitrator
3d the inspector general's office for “mor
arbitrator had found the confidential informant who had testified against the
harges
against the other two were dropped.
State which completely exonerated a state employee who had been accused
of major sexual harassment (the Department of Correctional Services had
sought termination as the penalty)
Henner was also able to achieve two major victories for all state em-
ployees in State Supreme Court. In one of these cases, Spitz v. Abrams, first
the Supreme Court, and then the Appellate Division, ordered the attorney
by aformer inmate. Durkee v. the court
off for military leave,
named Joseph Guarino, The Village of Geneseo had been eancucing aven-
detta ag ), and it took almost i
insure Guano gh Even though the case involved only one person ina
Bischert said
Weill
be utilizing Pete for future legal issues on behalf of our members.
small ul jury
Page 10
able play’
's been on
yy the statt
Bob Slattery (right), president of Local 1413, Sing Sing CF,
COUNCIL 82 REVIEW
ive di
ped down as executive declan ane or
Presents a Council 62
office at Sing Sing
Gerlene Williams, treasurer of Local 1413, and Slattery.
Andrea,
John W. Burke s:
him with a Sharg
isavcr(
4 Council member for 23 years,
" :
n>
ay8 afew words fo the office stall aft
Winners
At Attica
There were lots of winners, all of
them kiddies, atthe Annual Easter
Egg Hunt at Altica. The superin-
tendent's lawn becomes a virtual
99 field for the big event,
August COUNCIL 82 REVIEW Page 11
Mt. McGregor COs ‘Print’ 650 Kids
a
COs (trom left) are Walt Mylott, Chester Jenkins, Al Hartwell, Jim Kelly and John Brooks.
Officer Loses Leg
After Being Rammed
Child Finger :
Kiting @
SPONSORED BY a
023 &
CO John Brooks jokes with young client while Otfcer Kelly
complications and future
(left) observes. Poster was drawn by CO Danny DeCheck.
termination and outstanding
unregistered and unispecte
vehicle, and failure to comply
with the lawful order of a police
officer
Police said Champag}
mitted “runnin the cor
rection officer with a
wagon but could give
tive. After hitting the officer. he
crashed into two pi
Causing another injury. and a
pickup truck waiting for a stop
Young fingerprint “customer” is processed by Officers Al Hartwell (center) and Walt Mylott of McGregor CF. signal
COUNCIL 82 REVIEW
‘The Best in the West.
Collins Correctional Facility had that slogan long
before it won the recent Department of Correctional
Services Olympics with the most combined points
and medals. In their eyes, the athletic excellence
simply nailed down the title
That sort of spirit is contagious toa visitor to one of
our newest—five years old—correctional facilities.
Perhaps because it is new, and was organized by
seasoned veterans at all levels, people who had
learned the profession the hard way, with the propor-
tional measure of mistakes and successes along the
way, itis one of the most efficient operations | have
seen. | have seldom seen so much pride in a work
place.
“We don't look for 100 reasons not to do things,
explained Local President Ron Lomanto, "We look for
100 ways to do things... positively. f there is such a
thing, it's one big happy family. We have a huge—
150—transfer-in list, maybe 30 on the out lst, most of
those for Wende because they want to be closer to
their homes in Buttalo.
Collins is situated, ike so many of our facilities, in
gorgeous rolling countryside. The facility, within the
very edge of southern Erie County. is more apart of
the pisturesque Zoar Valley of Cattaraugus County. It
employs 580, including 338 COs, 26sergeants and 13
lieutenants. Inmate population runs from 990 to
1,100. There have been no escapes andthereare very
few assaults on officers. Security is excellent and
most of the tough cases are kept “in house” in the
extremely efficient Security Housing Unit which
holds 16, a couple of them in protective custody.
We try to promote three things,” Lomanto, who
\ inl presented a ooh to te was he founding president and the only president of
{act forthe most polns in Local 1406. "Political
e Dole, stenographer, Debbie Johnson, pied rapport with tate and county legalas) outdoor or
co Wendy Schindler, CO Pal Langden, second vice sports activity, and a code of cooperation and fair
Play with management. Superintendent (Charles)
Perez, recreation leader; CO James respects us and we try to do the best job we
Ronald Lomanto, ical president; CO Dan Duligowskl, can for him
first vice president (another photo, page 9).
‘We have one of the best affirmative action records,” Lomanto said.
We have lots of women (42 are correction officers), lots of blacks,
Vietnam veterans, Orientals, Hispanics and American Indians.
Local 1406 is active in good works collectively as well as on the
individual civic-club-church level. It recently raised $2,700 for Chil-
dren’s Hospital in Buffalo, (The rest of the facility raised $1,500.)
Lomanto is fire and safety officer at the facility, which is actually
two separate compounds, one seven-eighths of a mile in perimeter.
the other six-tenths, He is also a teacher at the DOCS Training
Academy in Albany, a five-hour each way commute. A resident of
Arcade, he was recently commended by Deputy Commissioner Philp
Ce
Lt Mary Guenther and Ron Lomanto
WW
COs Marv Huitfeld, and Jim Montgomery
three-hour operation, Coombe wrote, was handled with a "very nigh
level of professionalism and control by staff.”
A Quality of Working Life $6,000 grant has been used to build
‘blizzard housing” ina house outside the gate, There is a union office
CO Marlyn Mapp, Election Chair inside the fence. A QWL Activity Center is on the drawing board.
fe are programs for all inmates.
machine repair are among the more inter-
esting curriculum. There is no industry,
but there is a domed stadium. “Buffalo
doesn't have its own domed stadium, but
we do,” Lomanto quipped.
—CHARLES R. BOOTH
Bischert, Puma...
(Continued from Page 1)
Horticulture, drafting and small business
CO Frank ireland of Fishkill Local 1255, was reelected cor
rection policy secr
Dick Blschert, 44, 5a 21-year veteran
officer, most of that time in Woodbourne
‘ Pumas a past president of Coxsackie
a Local 1264 and a resident of Catskill
‘ McMillan is president of Green Haven CF
mittee.
COs Myrna Draper and Jeff Lee CO Linda Evans CO Kevin Gore
