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Manager The New York City www.nycmea.org Summer 2016 [email protected] MEA Managers Sue City Over Elimination of Pay Raise and Vacation Time By Vanessa De Santis T he NYC MEA Executive Board has authorized funding for a suit brought against the Mayor, the Comptroller, the Chancellor and other high ranking officials over a breach of contract, arguing that the City’s decision to subsidize a Paid Parental Leave (“PPL”) benefit for managers by eliminating a pay raise and two days of annual leave is discriminatory and arbitrary. The law suit was filed by MEA Counsel Stuart Salles in early May. “They did this without consulting us, they did not ask us,” said an impassioned Mr. Eber at a well- attended press conference on May 9th. MEA objects to the way the PPL plan is being funded whereby the most senior managers are going to lose two vacation days in order to have 30 days given to the few people who will be taking the benefit each year. All managers in the Mayoral agencies, the Comptroller's Office and the Department of Education are scheduled to lose the 0.47% raise in 2017. Managers, and other City employees who have worked 15 years or more, have been eligible for 27 days of annual leave since at least 1986. The pay raise of .47 % was previously granted by the city and set to go in effect in 2017. PPL is available only upon the birth or adoption of a child by the employee. Less than 5% of the managerial work force has a child in any given year. Offering extended parental leave for city workers is something the MEA supports, according to MEA President Stu Eber. “We think it’s a terrific benefit – we think it should be across the board. Our concern is the Mayor’s payment methodology,” President Eber said. Because the MEA members are managers, they do not have the ability to collectively bargain like other city workers, who have union contracts. This makes them susceptible to this kind of disregard from City leadership. “They did not look for alternative means of funding this,” Mr. Eber emphasized. “There are alternative means, including the New York Family and Medical Leave Program scheduled to take effect in January 2018. After being ignored, we had no other choice but to file a lawsuit.” The suit filed in the New York State Supreme Court in the County of New York alleges that, “The Mayor’s elimination of previously granted pay raises and annul leave is arbitrary and capricious, a breach of contract and discriminates against older workers in violation of older workers’ rights.” The MEA-funded suit is filed in the names of MEA members Wasyl Kinach, a manager with the NYC Comptroller’s Office, Barbara Markowitz, a manager with the NYC Department of Health and Mental Hygiene, Bonnie Donovan Williams, a manager with the NYC Parks and Recreation Department, Bernard Orlan, a manager with the NYC Department of Education and Darrell Sims, a manager with the NYC Department of Housing, Preservation and Development. The suit is being brought against defendants NYC Mayor Bill de Blasio, Schools Chancellor Carmen Fariña, NYC Comptroller Scott Stringer and NYC Commissioners Mitchell Silver, Mary Travis Bassett and Vicki Been. The first court date is set for some time in late July. “We’re hoping for a quick determination,” said MEA Counsel Stuart Salles. MEA President Stu Eber responds to questions about Paid Parental Leave at a press conference June 7. ATTENTION RETIREES The Retirees Page on our web site is updated monthly. Please check in for news: http://nycmea.org/retirees.asp

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Page 1: The NewYork Manager City - NYC MEA Newsletter Summer 2016 WEB96.pdf · The Manager New York City Summer 2016 info@nycmea.com MEA Managers Sue City Over Elimination of Pay Raise and

ManagerTheNewYorkCity

www.nycmea.org Summer 2016 [email protected]

MEA Managers Sue City Over Eliminationof Pay Raise and Vacation Time

By Vanessa De Santis

The NYC MEA ExecutiveBoard has authorized fundingfor a suit brought against the

Mayor, the Comptroller, theChancellor and other high rankingofficials over a breach of contract,arguing that the City’s decision tosubsidize a Paid Parental Leave(“PPL”) benefit for managers byeliminating a pay raise and two daysof annual leave is discriminatory andarbitrary. The law suit was filed byMEA Counsel Stuart Salles in earlyMay.“They did this without consulting us,they did not ask us,” said animpassioned Mr. Eber at a well-attended press conference on May9th.MEA objects to the way the PPL planis being funded whereby the mostsenior managers are going to losetwo vacation days in order to have30 days given to the few people whowill be taking the benefit each year.

All managers in the Mayoralagencies, the Comptroller's Officeand the Department of Educationare scheduled to lose the 0.47%raise in 2017.Managers, and other Cityemployees who have worked 15years or more, have been eligiblefor 27 days of annual leave since atleast 1986. The pay raise of .47 %was previously granted by the cityand set to go in effect in 2017. PPLis available only upon the birth oradoption of a child by the employee.Less than 5% of the managerialwork force has a child in any givenyear.Offering extended parental leave forcity workers is something the MEAsupports, according to MEAPresident Stu Eber. “We think it’s aterrific benefit – we think it shouldbe across the board. Our concernis the Mayor’s paymentmethodology,” President Eber said.Because the MEA members aremanagers, they do not have theability to collectively bargain likeother city workers, who have unioncontracts. This makes themsusceptible to this kind of disregardfrom City leadership.“They did not look for alternativemeans of funding this,” Mr. Eberemphasized. “There are alternativemeans, including the New YorkFamily and Medical Leave Programscheduled to take effect in January2018. After being ignored, we hadno other choice but to file a lawsuit.”

The suit filed in the New York StateSupreme Court in the County of NewYork alleges that, “The Mayor’selimination of previously granted payraises and annul leave is arbitraryand capricious, a breach of contractand discriminates against olderworkers in violation of older workers’rights.”The MEA-funded suit is filed in thenames of MEA members WasylKinach, a manager with the NYCComptroller’s Office, BarbaraMarkowitz, a manager with the NYCDepartment of Health and MentalHygiene, Bonnie Donovan Williams,a manager with the NYC Parks andRecreation Department, BernardOrlan, a manager with the NYCDepartment of Education and DarrellSims, a manager with the NYCDepartment of Housing,Preservation and Development.The suit is being brought againstdefendants NYC Mayor Bill deBlasio, Schools Chancellor CarmenFariña, NYC Comptroller ScottStringer and NYC CommissionersMitchell Silver, Mary Travis Bassettand Vicki Been. The first court dateis set for some time in late July.“We’re hoping for a quickdetermination,” said MEA CounselStuart Salles.

MEA President Stu Eber responds toquestions about Paid Parental Leaveat a press conference June 7.

ATTENTION RETIREES

The Retirees Page on our web siteis updated monthly.

Please check in for news:http://nycmea.org/retirees.asp

Page 2: The NewYork Manager City - NYC MEA Newsletter Summer 2016 WEB96.pdf · The Manager New York City Summer 2016 info@nycmea.com MEA Managers Sue City Over Elimination of Pay Raise and

PRESIDENT’S AND TREASURER’S REPORTS

efforts have increased ourmembership and therefore ourincome.”According to Mr. Landas, in the mid1990’s the large public accountingfirms suggested that nonprofits havethree to six months of budgetedexpenses as reserves. That means theMEA’s reserves of $200,000 representover three months of obligations. TheNYC MEA is 47 years old andcontinues to reflect sound fiscalstability.Mr. Landas said that we establishedthe NYC MEA Career DevelopmentProgram, a 501 (c) (3) organization, in2013. The CDP paid for $10,750 inscholarships and paid for the annualHoliday Scholarship Party at BatteryPark Gardens in 2015. The CDPended 2015 with a surplus of $8,336.The revenues funded over $230,000in members services and the $312,000in salaries and fringe benefits for theExecutive Director and five office staffthat serve members every workingday. The elected officials of the MEAare unpaid. Treasurer Landas creditedthe continued fiscal stability to hispredecessor, Warren Lewis, and to the2015 Finance Committee that includesretirees Sam Borkow, Fred Sachs,Joseph Taffaro and Pat Toner. FormerTreasurer Warren Lewis’ six yeartenure ended in 2015. “We salute Mr.Lewis for his outstanding contributionto the MEA,” said Mr. Landas. “Creditalso goes to the collective efforts of theExecutive Board, the elected officersled by President Stu Eber and theMEA office under the leadership ofExecutive Director Linda Barnes.”

BENEFITS AND SEMINARS - TheOrganization Committee, under theleadership of Joel Fishelson,continues to plan, develop, implement,improve and monitor MEA members’only benefits. The Voluntary InsuranceProgram is one such benefit that hasenhanced the MEA membership.Also, this spring, we conducted threefinancial planning seminars. “We arealways interested in hearing ourmembers’ feedback on our seminars– and so far the responses have beenvery positive,” said President Eber.MEA ELECTIONS - MEA elections werecompleted in 2015. President StuEber, Executive Vice President ShellyShulman and Director-at-Large CarolDavid were reelected. The new teammembers are Treasurer EdgarLandas, Recording Secretary SherriPorcu and Director-at-Large MarieDelus.

TREASURER’S REPORTMEA Treasurer Edward Landasreported surpluses for Calendar Years2014 and 2015.“It will not be necessary to increaseour members’ dues for the foreseeablefuture,” said Mr. Landas at the June 9General Membership Meeting —presenting the independent auditor’sreview of the MEA’s financialstatements for 2014 and 2015.The annual financial audit conductedlast month by Gould, Kobrick &Schlapp, and P.C. showed a $35,723surplus in 2014 and a $93,403 surplusin 2015.“We have increased our surpluses byover $235,000 since 2009, an averageof almost $40,000 a year,” saidTreasurer Landas. “Our outreach

President Stu Eber said that, “It’sbeen a busy year for the MEA! Ourmembers, along with our staff,challenged the City’s method offunding the Mayor’s Paid ParentalLeave benefit. We are now workingthrough the available legal channelsto make our members’ voices heardon this very important issue. Since theMayor, Comptroller and Chancellorrebuffed our request for a moratoriumon the give-backs, on May 9th ourlegal counsel Stuart Salles filed alawsuit along with an Article 78. Whilewe support Paid Parental Leave, wewant to see it implemented without theillegal, discriminatory, and mandatedgivebacks of the two days of annualleave and loss of the 0.47% pay raiseimposed by the Mayor for 2017.”Aside from the potential courtroomdrama, here are the other key issueson the MEA docket:STRATEGIC PLAN - The ExecutiveBoard continues to implement ourStrategic Plan to move theorganization and our membersforward. We continue to prioritizepromoting from within, encourageagencies to promote managerialdiversity, address issues of salarycompensation and increasemembership. For calendar year 2015we enrolled 585 new members! Thatbrings our Association’s total up toover 3000 managers. And we’re stillgrowing…COMPENSATION – The third installmentof the 10.47% across-the-boardsalary increases approved by Mayorde Blasio will be issued September 1,2016. We remain proud of oursuccessful, collaborative discussionswith OLR to obtain this achievement.

In case you were unable to attend our June 9 General Membership Meeting, here are the highlights of thePresident’s and Treasurer’s annual reports:

Pieces&BitsBy Linda A. Barnes, NYC MEA Executive Director

Page 3: The NewYork Manager City - NYC MEA Newsletter Summer 2016 WEB96.pdf · The Manager New York City Summer 2016 info@nycmea.com MEA Managers Sue City Over Elimination of Pay Raise and

First Annual HEROES DinnerHonoring Four Outstanding Managers

By Vanessa DeSantis

Manhattan Borough President Gale Brewer and Mindy Tarlow, Director of theMayor’s Office of Operations, present the HEROES Award to Joe Morrisoe.

The MEA and the CareerDevelopment Program awarded fouroutstanding City managers at its firstannual HEROES dinner in LowerManhattan's Beekman Pub on June7th.The idea to nominate and honormanagers for superlative work camefrom the desire to recognize leadersof City government while raisingmoney for the Career DevelopmentFund’s scholarship program."City managers are rarely recognizedfor all we have done to make NewYork the greatest city in the world,"said Joel Fishelson, MEA's SeniorAdvisor, speaking to packed room ofcity workers and their friends.MEA President Stu Eber welcomedthe crowd and acknowledged several

guests, such as Gale Brewer, BoroughPresident of Manhattan and MindyTarlow, Director of the Mayor's Officeof Operations. Both City officials werethere to present an award to JoeMorrisoe, the Executive Director ofNYC311 at DOITT. Mr. Morrisoehelped Ms. Brewer expand 311 whenshe was chair of the City Council'sCommittee on Technology."Each of you being awarded heretonight - I consider you to beextraordinary. Your colleagues thinkso too,” said Linda Barnes, MEAExecutive Director.

Ron Blendermann, a retired AssistantCommissioner NYC Department ofSanitation, received his award fromformer colleague Anthony Solomita,also retired, who had worked as theDirector of Recycling at NYCDepartment of Sanitation.

Gino Menchini, former Commissionerof DOITT, presented the award toAnnette Heinz, Deputy Commissionerfor Financial Management andAdministration at DOITT. "We tried toclone Annette," said Menchini. "Is thatethical?"Another awardee, Jean Ross, a retiredDirector of Administrative Operations

for the Office of the Mayor, worked forsix NYC mayors over the course of her37-year career and was instrumentalin coordinating cleanup operationsduring 9/11 and restoration projects atCity Hall. Her former managersCarmela "Chickie" Piazza and Sue-Ellen Barkan presented the award,commending her for highly effectivework.When it was Mr. Morrisoe’s turn tospeak, he praised his colleagues atNYC311 along with the MEA."The MEA reminds the City thatmanagers are key to its success andthat their excellence and advocacymake a difference.”

Ron Blendermann

Gino Menchini and Annette Heinz

Jean Ross

Page 4: The NewYork Manager City - NYC MEA Newsletter Summer 2016 WEB96.pdf · The Manager New York City Summer 2016 info@nycmea.com MEA Managers Sue City Over Elimination of Pay Raise and

New York City Managerial Employees Association42 Broadway • Suite 1945New York, NY 10004

2015 MEA CHAPTER ELECTIONS

CHAPTER2015 CHAPTER

DIRECTOR2015 ASSISTANT

CHAPTER DIRECTORDATE OF MEETING

NEW CHAPTER DIRECTOR,2016

NEW ASSISTANT CHAPTERDIRECTOR, 2016

DYCD Deborah Harper Vacant *March 23, 2016 Peta-Gay Campbell Ebony WilsonDOITT Sherri Porcu Amy-Jo Sabo *January 28, 2015 Joseph Zucco Maria Rodriguez

MunicipalChapter Marie De Lus Evelyn Marrero *February 24, 2016 Beryl Nyack Evelyn Marrero

DHS Sonya Russell Vacant *January 27, 2016 Sonya Russell Cindy TetaComptroller Constantine Kokkoris Wasyl Kinach IFebruary 2, 2016 Michelle Centeno Ernestine Rivers-MerrittCorrections Vacant Vacant IFebruary 18, 2016 Vacant Vacant

Finance Vacant Vacant *February 24, 2016 Zena Spence VacantDEP James Caggiano (Acting) Vacant IMarch 1, 2016 Peter Kontogiannis James Caggiano

NYCHA Carl Walton III Vacant IMarch 10, 20160 Carl Walton III Andre CiriloNYPD Vincent Taddoni Vacant *April 21, 20160 Vincent Taddoni Vacant

Buildings Vacant Vacant *April 21, 20160 Vacant VacantDOE Robin Frazier Bernard Orlan *March 31, 2016 Heidi Husser Bernard OrlanDOT Raynard Edwards Vacant IApril 12, 2016 Valerie Coleman Eileen McGuirkHRA Pamela Ross Regina Russ IApril. 14, 2016 Pamela Ross Regina RussSCA Fred Maley (Acting) Vacant IApril 21, 20160 Renee Kraft Padget Wynter

Probation Gail A. Jones Darryl Williams IApril 26, 2016 Gail A. Jones Randy WilliamsACS Colin Scantlebury Vacant IMay 3, 20160 Colin Scantlebury Paulette Barry

DCAS Tina Ramsey Raymond Schnetzler I*May 19, 2016 Tina Ramsey Raymond SchnetzlerRetirees Adrienne Leaf Sam Borkow I*May 17, 2016 Adrienne Leaf Sam Borkow

HPD Darrell Sims Mario Guerrero, Jr. IMay 24, 2016 Darrell Sims Mario Guerrero, Jr.DDC Michael Mitchell Vacant IMay 31, 2016 Michael Mitchell VacantParks Laurence Major, Jr Iris Rodriguez-Rosa I*June 14, 2016 Laurence Major, Jr Iris Rodriguez-RosaFISA Eric Reitzel Vacant I*June 21, 2016 Eric Reitzel VacantHHC Diana Santos Donna Sutherland I*June 29, 2016 Diana Santos VacantFDNY Louis Cendagorta Daniel McBeth IJune 23, 2016 Louis Cendagorta Fitzroy Benjamin

DOHMH Cynthia Mont-Bourbon Ann-Marie Ashmeade IJune 30, 2016 Cynthia Mont-Bourbon Ann-Marie Ashmeade

* : Revised Date Red: Vacant Blue: Confirmed Dates