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Looking for a clever name for our Newsletter; got any ideas?
Contact President Smith...
Coming soon is a semi-annual Newsletter to the membership. We'll be looking for editorial content, jokes, comics, anything that could be of interest to our members.
2009 Dues and Courtesy Cards
We're at that time of year when we kick around ideas with what theme or image to incorporated onto our
Dues and Courtesy Cards. We're running low on ideas, so we're reaching out to the membership to see if
anyone has any ideas with what to put on our 2009 cards. If you've got artistic talent, if you have an idea or
concept, please let us know. Give us your good idea and see your work produced on our cards next year!
Panel Interviews
As previously reported, the DOC announced in June, that Panel Interviews were being eliminated for all ranks except
for Lieutenants seeking promotion to Captain. We filed an official objection to having the Panel Interviews remain for
only our title. Even prior to our meeting with Commissioner Hayman, the DOC advised that the Panel Interviews
would also be eliminated for our rank. NO MORE PANEL INTERVIEWS!
Parole Examination and related issues
President Smith and Parole Representative Brandon Rose met with Executive Director Barnes with regard to
the filling of the SPO vacancies in the Division. Director Barnes advised that they were moving forward to
fill the vacancies through the promotional list, even though the examination is under appeal. They advised that
they are committed to filling four positions. In the meantime, we've been attempting to obtain specific information
with regard to the examination, and the various components. Director Barnes advised that he would have
the HR Department work with us to obtain the information. Lastly, Director Barnes advised that he had taken
steps to fill the DPS vacancy at DO#8.
Privatization Update
The NJSOA established a Committee to research and address the ever-present issue of prison privatization.
The Committee met prior to the June Membership meeting to discuss privatization and possible measures by
which we could address it. Everyone on the Committee had ideas as to how we could proceed with plans to
fight privatization. The Committee has spoken to several privatization experts from across the nation.
As a result of the Committee's initial meetings, a "Privatization Fact Sheet" was prepared. The Committee is
considering ways in which to get this information out.
The Committee was also able to schedule Brian Dawe, Executive Director of the American Correction Officer,
and former leader of CUSA, to come and speak to the membership at the July 8th membership meeting. Also
attending was Vito Dagnello, President of the American Correction Officer. Both gave impassioned speeches
regarding the perils of prison privatization. They both also made themselves available to speak with our
Privatization Committee about various ideas on fighting privatization.
We are still looking for members interested in serving on our Privatization Committee. So if you have ideas that
could help us fight this serious attack on our career security, please let us know. We need some new blood and
new ideas. Come on out and assist in the fight!
Constitution and Bylaws Proposed Changes
Several months ago it was brought to light that our Constitution and Bylaws didn't have language necessary for members to address conflicts arising from the actions of fellow union members. As a result, a Bylaws Committee was established to review the Bylaws and to recommend changes. Todd Faubert served as Chairman of the Committee, and the Committee was comprised of Michael Chrone, Jack Fucili, Terrance Graves, and Paul Peace.
The Committee met several times and completed a systematic review of the entire Constitution and Bylaws. At the Executive Board meeting on July 08, 2008, Todd Faubert made a motion that the Committee's recommended changes be accepted and put to the Membership for a vote. The Executive Board unanimously voted to present the Committee's proposed Bylaws changes to the membership for a vote.
Our current Bylaws require that "Notice of the proposed amendment(s) shall be made to the membership, at least seven (7) days prior to the next membership meeting." The next General Membership meeting is scheduled for August 12, 2008. The proposed Bylaws changes will be voted upon at this membership meeting. This posting shall serve as notice to the membership of the proposed amendment (s). Our current Bylaws further stipulate that "The proposed amendment(s) shall only be adopted upon the approval of a two-thirds majority vote of the active members in good standing present and properly assembled at that next membership meeting.
Under the "About NJSOA" section on the website are our current Bylaws. Attached for your review are the proposed Bylaws changes that are being voted upon at the August 12, 2008 General Membership meeting. To make the proposed changes easy to identify, they are highlighted in "red" type. If you have comments and/or questions about the proposed changes, please feel free to contact any member of the Bylaws Committee, or consider attending the August 12th membership meeting and exercise your vote.
Thanks to the entire Bylaws Committee for their dedication to improving the Bylaws and for their devotion of valuable time.
NJSOA Car Shields
We finally received our first order of NJSOA car shields. After months of design meetings, discussions, and correspondence with the manufacturer, we are pleased to announce that the shields are available for members to purchase.
Members may purchase up to two shields each. The cost of the shields is $35.00.
The shields come with double-faced tape on the back for mounting. The shields can be mounted on the suction cup shield holders currently available at most uniform and police supply stores. We are currently attempting to obtain an inventory of the plastic shield holders so that members can purchase them with their shield.
Shields may be ordered through you institutional and sub-unit representatives, or purchased directly at any General Membership meeting. To see the new car shield click here. The only difference from the picture is that the shields say "MEMBER" across the bottom of the triangle.
DOC Lateral Transfer Requests
DOC Chief of Staff, Thomas Moran recently issued a directive addressing the procedure for staff to request lateral transfers. Until recently, lateral transfers were funneled throuigh the .002 Committee in conjunction with both the sending
and receiving institutions.
Chief of Staff Moran's directive reads as follows:
"Effective immediately, all requests for lateral transfers will be submitted in writing, through the Director of Custody Operations at the facility in which the employee is assigned.
The D.O.C.O. will forward this request to the Chief of Staff's Office to the attention of the .002 Lieutenant, and the employee will be placed on a pending transfer list. Transfers will be scheduled as institutional needs and vacancies are presented.
Correction Officer Recruits will be required to complete the 12 month probation and 4 month working test period (12 months) prior to requesting a lateral transfer.
Newly promoted supervisory employees will be required to complete 8 months at the institution where the appointment was made prior to submitting a request for a lateral transfer.
If there are any questions concerning this matter, please do not hesitate to contact me.
Thank you."
As was the NJSOA's committement prior to this new directive, we will continue to assist members in their pursuit of lateral transfers. If you are having difficulty in seeking and/or gaining approval for a lateral transfer request, please let us
know.
Panel Interviews
Last month, the Department of Corrections announced that the Panel Interview process was being eliminated for
employees seeking promotion from SCO to Sergeant and from Sergeant to Lieutenant. In early June, President Smith
made a formal request to the Department of Corrections that panel interviews be eliminated for our members seeking
promotion to Captain. Initially, OER advised that the panel interviews would remain. However, after further discussion and input from other leadership in Central Office, the DOC changed its stance. We are pleased to announce that Mr. Sherrer directed all Administrators and DOCO's, in a memorandum dated June 23rd, that "Effective July 1, 2008, PSM.SSP.003 (Panel Interviews) will no longer be applied to promotional interviews for promotions from Lieutenant to Captain." We are pleased that the Department has finally realized that the panel interviews are just a waste of everyone's time. We will continue to ensure that promotional opportunities are handled in accordance with the civil service "rule of three."
Executive Board Change
It is with regret that we announce the resignation of Sergeant-at-Arms, Peter Cessario. Pete announced at the May 13, 2008 General Membership Meeting that he and his family were relocating to Florida. We will certainly miss Pete and his contributions to this union and its members. We selfishly wish he wasn't leaving. However, completely retiring is what we all strive for; and Pete deserves to move into this phase of his life. We wish him well in his new home. Pete's resignation created a vacancy in the Sergeant-at-Arms position. Our Bylaws provide that the President is empowered to appoint someone to fill the vacant position on on interim basis. The Executive Board considered several, more than competent individuals, for the interim appointment. Much consideration was given to the need for a voice from our SLEU groups. With this in mind, it was decided that JJC Representative Terrance Graves would be appointed to the interim position. Terrance's appointment was announced to the membership at the May 13th meeting. The interim appointment is also subject to a confirmation vote of the members assembled at the June 10th General Membership meeting. We look forward to bringing Terrance onto the Board and having him involved in our daily operations.
Prison Privatization
As previously reported, there was a "new" coalition formed by the Sergeants and Captains. It was demanded that we sign a legal contract that we had no say in drafting, and that we turn over $4,500.00 to be placed into a joint bank account that was controlled by the coalition. After discussion at our May 13th General Membership Meeting, the membership approved the Executive Board to work with the coalition, but not place any funds into a joint account. The membership approved the expenditure of a per-capita amount of radio ads to address prison privatization, with legitimate billing receipts. There have been rumors and inuendos with regard to the coalition and our involvement. There is also speculation as to why the unions are in disagreement. To read a more detailed account of events leading up to present, click here.
President Smith recently received a joint letter from Sergeant's union President Steve Brzdek and Captain's union President Scott Derby inviting our association to join their coalition. They have apparently formed a new coalition to address the issue of prison privatization. The letter is a very formal request for us to join their coalition. Both the Sergeants' and Captains' websites have their formal letter posted. President Smith has formally responded back to President Brzdek and President Derby. We have acknowledged our desire to enter into another coalition. As we all know, we have been very active members in every coalition established over the last decade. All of the coalitions have dissolved, but we still hold out hope that maybe one can survive the obstacles of ego and power. To view President Smith's response letter, click here.
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New Health Membership Cards
On Wednesday, March 12, 2008, the State Health Benefit Commission, provided the following information concerning implementation of the new health plans.
* Starting next week, Horizon Blue Cross will begin mailing new membership ID cards to all members who will be in NJ Direct. This does not include the Unions that are still without a contract!
* AETNA is currently in the quality control phase of membership card development. AETNA is also expected to begin sending new membership ID cards to all old and new members next week.
* CIGNA will only be sending ID cards to new CIGNA members. Current CIGNA members will keep their current ID cards. There is no date as to when CIGNA will start the process of mailing cards to new members.
* New prescription drug cards will not be issued as there will be no change in this coverage or carrier.
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SWSP Administrative Lieutenant
Confirmation was just received that the temporary Administrative Lieutenant position at SWSP has finally been approved to be made a permanent 1.0 position. We will continue to research and push for these positions in our facilities that do not currently have them.
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45 Day Rule
For years the State of New Jersey has violated contract language that was intended to compel the employer to process disciplinary action in a timely manner. The purpose of disciplinary action is to correct behavior. For disciplinary action to be corrective, a disciplinary sanction has to be imposed in a reasonable amount of time so that the sanction is connected to the inappropriate behavior. In years past, our employers routinely violated any language we had in place to protect our members' due process rights.
A couple of contracts back, we were successful in having language placed in our Collective Bargaining Agreement that stated a remedy for when the employer did not serve a disciplinary action within a prescribed time frame. That language remains in place today. The language provides that disciplinary action must be served within forty-five (45) days from the date when the employer was reasonably aware of the alleged infraction, or in the absence of service within this time frame, the charges were to be considered dismissed.
In early 2006, several law enforcement unions worked on getting legislation introduced that provided due process rights for law enforcement officers that didn't share the same protective due process rights that many of our members' did. The legislation was passed in mid 2006. Unfortunately, the Department of Corrections sought an opinion from the Attorney General's Office with regard to how they interpreted the language the legislation, and how it should be applied to our members. We were advised by the Department of Corrections that the AG opined that the 45 day clock started to tick after the Appointing Authority received the investigation package from the investigating entity, and not when they were reasonably aware of the alleged infraction. In essence, the State took the position that the language in the new legislation "trumped" the language in our CBA. However, they advised that they still intended to abide by our 45 day rule language.
Well, the day has come when they're testing the language of the 45 day rule. We've had a member charged some 80 days after an alleged infraction, and for which they had knowledge of immediately. They served our member and took no immediate action. We filed a disciplinary appeal and a grievance for the violation of the 45 day rule in our contract. Then to make matters worse, the day after we filed our appeal and grievance, they served the member with Loudermill notice and suspended him pending the outcome of the appeal.
President Smith has filed a request to move the grievance directly to arbitration. This request has been joined by the Department. An Arbitrator will be selected through the Governor's Office OER. This is where the 45 day language will be put to the test. In the member's instant matter, President Smith filed a request with the Merit System Board for Interim Relief. This would serve to place the member back in pay status pending the outcome of the disciplinary charges. President Smith also filed an Unfair Practice Charge due to the employer's retaliation towards the member for filing his appeal and a grievance.
This should be an interesting case to follow. All of the other custody unions are concerned with the outcome, as it will undoubtedly effect their members as well. The union intends to fight this issue to the death. It is a matter of us protecting the one real safeguard we have in compelling the employer to process disciplinary actions in a timely manner. We cannot afford to allow the State to tread on the contractual right we fought so hard to attain. We'll keep you posted!
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Uniform Committee - DOC
We reported to the membership a couple of months ago that the Department of Corrections Uniform Committee had considered the addition of several jackets to those already approved for wear. The Committee tentatively approved two additional nylon jackets, and an additional 30" leather jacket. These proposed additions to the Uniform Standard, were presented to Commissioner Hayman for his final approval. A Uniform Committee meeting scheduled for February 1st was postponed by the department due to scheduling conflicts. However on February 5th, Commissioner Hayman gave final approval for the addition of all three of the proposed jackets to the standards.
The uniform Standards will be amended in the near future to reflect the addition of these jackets. However, the Department has advised all Administrators that staff are permitted to wear the new jackets immediately.
We've been advised that some of the uniform stores have the new jackets in stock. At this time we do not know which ones have them. If we are able to verify that information, we'll post it. In the meantime, if you want to purchase one of the jackets, make sure the jacket you purchase meets the specifications for the approved jackets. To view specifications click here...
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JJC Inmate Disciplinary Changes to Statute
There is currently an amendment proposed to change the manner by which juvenile inmates have their disciplinary charges adjudicated. Currently they go before a Panel, who decides their fate. The proposed amendment changes the Panel model to a Single Hearing Officer. President Smith recently submitted a letter commenting on the proposed amendment. To read President Smith's letter,
click here
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Health Benefits
Everyone has heard about the many proposed, and already implemented changes to the State Health Benefits Program. These changes are being publicized on the Pensions and Benefits website and through departmental postings and newsletters. The information has created some confusion for some of our members, so I wanted to put something out to quell everyone's fears and to clarify how, if at all, the changes will or could effect our members.
Many unions have settled contracts (effective 07-01-07) that accepted new PPO (Preferred Provider Organization) health plans. We have not
settled our contract and have not accepted any changes
to any PPO Plan. NJDirect 10 and NJDirect 15 are the new PPO Plans and are not available to our members at this time. There are three HMO plans that are no longer available though. Amerihealth, Healthnet, and Oxford will not be available. If you are in one of those plans you will automatically be moved over to NJPLUS. If you do not want NJPLUS, you can opt into another HMO by submitting an application to enroll in another plan click here for form. Our doctor visit co-pays have not changed. They will remain $10 for doctor visit and $25 for emergency room visit. Also, our prescription plan has not changed. We have not accepted any new "three-tier" co-pay plan. Our prescription co-pays remain $3 for generic, $10 for name brand, and $5 for 90 day generic mail order supply, and $15 for 90 day name brand supply. As any changes become effective, that will affect our members, we'll be sure to forward the information with detailed explanations.
There have been some questions raised with regard to whether the changes in the Traditional Plan will effect our retired members. We're researching this issue and will post information when available. In the meantime, if you have any specific questions or issues, please reach out to your representative.
For everyone's convenience, if you'd like to read up on what changes the State has imposed on other unions and their members, below are some documents you may find of interest,
Also below are some documents that you may find useful...
If anyone has any questions, please feel free to contact your representative.
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AON Report
The State Health Benefits Commission recently released a report published by AON with regard to changes to the State Health Benefits Program and the rates that will be set based on past year's information. The Commission also released information with regard to the new PPO Plans that were agreed to by several other State employee unions, and which will certainly be a topic during the uniformed staff contract negotiations. To review
click here.
With many State employees having to move into these new PPO Pans, the State has also pubished a guide to assist those employees in understanding the new plans. To see this guide
click here
As reported in recent months, there was legislation passed that allowed for the pension loan rate to change from the 4% that has been the standard for many years, to a new rate. The Division of Pensions and Benefits has announced the new loan rate for calendar year 2008. The rate is set at 4.69% and is to remain constant for the entire year. In addition, there is also now a one-time administrative fee of $8.00 deducted from the loan amount. To read the Division's notice
click here
.
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$58 Billion Shortfall for New Jersey Retiree Care
In 1994, New Jersey decided to stop setting aside money in a fund to pay for health care for its retired public workers. The savings paved the way for a big tax cut.
Read more
...
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Probation Officers' Move to Executive Branch
The New Jersey Superior Officers Association announces its full support of the transfer of probation officers to the executive branch. Click here to read full announcements.
Sergeants' Union Selects an Arbitrator
PERC has advised that Arbitrator Joel Weisblatt has been selected to serve as Arbitrator for the Sergeants in their contract arbitration. (more) No arbitration dates have yet been set.
NJ State Law Enforcement Bill of Rights
Legislation has been pre-filed for reintroduction during the 2008-2009 Legislative Session that would establish a Bill of Rights for State law enforcement officers. This same legislation was introduced last session, but didn't make it out of committee. To read the particulars of the legislation
click here
.
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JJC Disciplinary - Partial Victory
We have received verbal notice that our JJC Lieutenant that was suspended without pay for over 5 months has been returned to work with a "time-served" suspension. We have yet to receive a written decision. We will be appealing this ruling to the Merit System Board.
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SPO Promotional Examination
We have been researching the issue of a change in testing procedure that is being implemented for our members in the Division of Parole. Historically, a multiple choice test has been used to promulgate promotional lists within the Division of Parole. For the currently scheduled Supervising Parole Officer examination, candidates were advised by the Department of Personnel that the examination would "...be an essay examination where candidates respond to several essay questions in a text file on the computer." Many of our members raised concerns with regard to the ambiguity of the letters received, and the limited information provided. On January 24, 2008, President Smith prepared a letter to the Department of Personnel to question the change in examination type, and the lack of information with regard to the administration of the examination as well as the overall scoring process. To read President Smith's letter to the DOP click here. In a letter dated February 26, 2008, the Department of Personnel responded to President Smith's letter. Click here to read the DOP response. In the response, the DOP provided answers to some of the concerns raised in President Smith's letter. However, there are still questions and concerns with the change in examination procedure. The Executive Board researched the issue and found that the DOP is not in violation of any statute or portion of our contract. The issue was also forwarded to the attorney for legal review. He has confirmed the Executive Board's initial findings and advised that there is no legal violation. The examination is currently scheduled for March 11, 2008, at 10:00 AM. The Executive Board is advising all of the eligible candidates to participate in the examination, and we will monitor the overall administration of the examination and the scoring and ranking process. We will ensure that every candidate receives fair and equal treatment with regard to the testing itself, and the final scoring of the examination. We will keep our Parole members updated with respect to the movement of this issue, both through our Parole Representative as well as this website.
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NJDOC Director of Custody Operations (Chiefs) List Promulgated
The Department of Personnel has published the promotional list for the Title of Director of Custody Operations. The list has a current expiration date of March 13, 2011. Congratulations to all and good luck to those that make the leap to Management! To view the list click here.
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Senate Confirms Lawson as Executive Director of JJC
Governor Corzine's FY 2009 Budget Address
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For written narrative of the budget address click here.
For an audio of the budget address click here.
For a video of the budget address click here.
Budget in Brief Summary click here.
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