PRESENT: Chair: Ryan. Members: Carsky, Kaplowitz, Mosiello, Wishnie. Staff: Bill Randolph, Assistant to the County Executive; Emilia Vita, Secretary to the Committee.

ALSO PRESENT: Joseph Spano, President, Correction Officer Benevolent Association.

Mr. Ryan called the meeting to order at 9:00 a.m.

On the motion of Legislator Swanson, seconded by Legislator Wishnie, the minutes of April 6, 1998, were approved by a vote 5-0.

On the motion of Legislator Wishnie, seconded by Legislator Carsky, the minutes of the meeting held on April 20th were approved by a vote of 5-0.

The minutes of April 13, 1998, were held open for review and amendment.

Mr. Ryan asked for a motion to receive and file, Agenda Item I (1L-3/9/98), regarding a vandalized a Civil War Memorial in the Village of Port Chester. The monument is a village-owned monument. On the motion of Legislator Wishnie, seconded by Legislator Carsky, the item was received and filed by a vote of 5-0.

Mr. Ryan introduced Mr. Joseph Spano, President of COBA, and stated that Mr. Spano was appearing before the Committee to discuss union personnel issues and matters of importance within the correction system this year.

Mr. Spano thanked the Committee for the opportunity to speak about various issues at the Department of Corrections. First, the union is happy with the County Executive’s decision to authorize body armor for all correction officers. The union is disturbed, however, with certain decisions made by the Administration that affect safety and security at the Correction facility:

• 27 post have been cut. COBA contends these are essential to the safe and secure operation of the facility. The State Commissioner of Correction has mandated a majority of these post since 1993.

*For more details, a tape is on file.

• A total of 4 clinic positions in the penitentiary and the women’s unit have been eliminated on the 3 p.m. to 11 p.m. shift. Nurses are going into the cellblock on their own and at times inmates have performed some duties such as taking the medical list to the cellblocks.
• In the Jail Division, the Search and Security Team on the 3 p.m. to 11 p.m. shift has been eliminated. This team would check the cell bars, windows and screens. It has uncovered escape attempts and weapons.
• Emergency response has been compromised. Second response/back-up in emergencies relies in part on certain posts that have been eliminated.
• Two West house high-risk inmates serving 25 years to life. One officer covers this block. Two officers had covered the post in the past.

Mr. Spano understands the new Administration needs to deal with the problem of Section 207-C and officers on light duty, but hardship is being inflicted on the officers who do come to work each day a do a good job.

Mr. Wishnie asked about the number of union members and the number of Section 207-C cases. Mr. Spano said there are about 800 COBA officers and at last report, 109 are out on Section 207-C disability (in the past few years, the number has been as high as 129 and as low as 60).

Mr. Wishnie asked if union members apply pre-contract negotiation pressure by increasing the number of Section 207-C cases. Mr. Spano stated the Administration always point to Section 207-C "abuses". COBA does not want to be known as the union with the most job disabilities. If the administration is going to accuse officer of abuse, they better be able to prove it. Mr. Wishnie suggested that a number of officers may be taking advantage of Section 207-C and in order to cover for those out on disability, it is costing the County an exorbitant amount of money in overtime.

COBA is now in contract negotiations with the County but according to Mr. Spano, the sides are "worlds apart". Michael Wittenberg represents the administration. Mrs. Carsky asked if COBA was meeting regularly with Mr. Wittenberg on the contracts. Apparently, they are not.

Mr. Mosiello stated the problem is with a clause in the contract and not with Section 207-C. The burden of proof is different than that applying to other public safety officers. Does COBA think the Administration is trying to apply pressure with the job disability issue to set the stage for contract negotiation?

Mr. Wishnie said he recognizes the dangerous job performed by correction officers and he wants a contract for COBA. Mr. Spano said the Board of Legislators could impose a one-year contract at the final stage of the process.

Mr. Mosiello asked about the morale of the officers and whether if effects their job performance and the level of safety within the facility. Mr. Spano said morale was not good, primarily due to the lack of a contract (expired in December 1995) and the loss of focus on the safety issue.

Mr. Spano described COBA’s relationship with the Administration as "non-existent". One problem is COBA’s opposition to the Administration’s position that light duty officers come to work and bump full duty officers off the job. After a certain amount of time on the job, correction officers have the right to bid on a job and then to remain on that job. Mr. Spano mentioned that only a "hand full" of light duty personnel can not have inmate contact; most are able to have some inmate contact.

Another problem is the administration’s decision to eliminate posts. The union was notified by departmental memo. Initially, the department eliminated posts without the approval of the State Commissioner. COBA complained and the department then sought State approval. The result of eliminating posts, in some cases, is one officer being responsible for two posts.

Currently, COBA has three lawsuits filed in State Supreme Court as well as three issues before PERB. COBA cannot get to step 3 of the grievance procedure, as the administration does not provide arbitrators to allow the grievance procedure to be followed. The County Attorney said he is still designating attorneys to handle grievances. There are no arbitration dates scheduled and we are approaching the month of May (this is the area Michael Wittenberg used to handle). COBA is trying not to litigate on the issue of timeliness of handling grievances pursuant to the provisions of the collective bargaining agreement.

Mr. Spano described COBA’s working relationship with the Correction Superior Officers as "tremendously strain". Most of the problems involve violations of post bid rights and COBA has responded by filing lawsuits.

Members wanted to know what Mr. Spano though the Committee could do to help improve the relationship between COBA and the Administration.

Mr. Spano said the Committee could help by finding out what is going on in the County Attorney’s office to facilitate the due process procedure, and to take steps to keep the door open between the union and the Administration. Mr. Wishnie pointed out in Administration is new and it may need some time – in particular, the County Attorney’s office – to reorganize.

The Board can not participate in contract negotiations but Mr. Ryan said there are steps that can be taken by this Committee to help resolve some of the personnel problems, open the lines of communication and improve the relationship between COBA and the department. He will ask Commissioner Pozzi to appear before the Committee to discuss the concerns of union members.

Mr. Ryan thanked Mr. Spano for meeting with the Committee and mentioned that COBA should continue to bring the concerns of personnel and the needs of the Correction system to the attention of this Committee.

On the motion of Legislator Mosiello, seconded by Legislator Carsky, the meeting adjourned at 10:00 a.m.