The Unionist March 2012

8/2/2019 The Unionist March 2012

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PerhaPs the biggest

challenge facing all New Yorkpublic sector workers, including SSEULocal 371 members, is Governor AndrewCuomos push or a Tier 6 pension ornew workers. What this means is thatnew workers will have to work longerbeore they can retire, have a lower rateo contribution, and will not be able touse overtime and sick leave in their nalpension payout calculation.

According to the Fiscal Policy Insti-tute, this comes out to nearly a 40 percent

decrease in retirement benets, especiallyas the Governor is also suggesting giv-ing new workers the option o not eventaking a pension and accepting a riskier401(k)-like plan. Their retirement ben-ets would be very insucient, said thegroups executive director, Frank Mauro.

An Attac on All

But one thing needs to be made clear:This is not just an attack on new work-ers. This is an attack on all public sector

workers.Not only will the new tier create a

lower class o workers, pitted against olderworkers, but reduced pension contribu-tions will hurt the general pool o money,adversely aecting the retirement undso existing workers. Reducing retirementbenets will also ensure that ewer skilledand educated people will choose careers inpublic service.

It is not just about the uture. It isabout right now, said Union PresidentAnthony Wells.

He added that the Governor hadplaced the language o the newpension tier in the budget bill, thereby

circumventing debate with the unionsand placing the onus on the StateLegislature rather than himsel. Wellsnoted that in the past even i unionsresisted new pension plans, new tiers wereenacted ater negotiations between theState and labor.

We have a Governor whos decidedthat working people dont matter, Wellssaid, adding that Cuomo had joined in the

recent right-wing attacks on public sectorunions nationwide. I he gets away withthis, theres no stopping him.

So unions have been ghting back bylobbying lawmakers and embarking on amedia campaign that explains the harm-

ulness o the Tier 6 pension plan. Someprogress is already being made, as theGovernor has indicated that he may bewilling to take the 401(k)-like plan o thetable, a move that has angered some o theGovernors right-wing supporters.

SSEU Local 371 is devoting much o itspolitical power to winning this ght.

It is about the uture o public unionsin this state, Wells said.

Volume 42 Number 3

March 2012

Ofcial Publication o Social Service Employees Union Local 371-DC 37 AFSCME, AFL-CIO www.sseu371.org

Assault Bill Strategy Delegate Training, Part 2 Delegate Election Rules Page 3 Page 4-5 Page 6-7

No Tier 6!

t govo Porom P hu evyo

Members rallied in Albany against the Governors plan to reduce pension benefts.

A F S C M E


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2 Te Unionist | Marc 2012

March

20 Alumni Committee: 2:00 p.m.Union Ofce, 12th Floor

21 Delegate Assembly: 6:30 p.m.Advance Realty Building 235 West 23rd St.,Manhattan

28 Civilians in Law Enforcement: 6:30p.m. Union Ofce, 12th Floor

29 Jewish Heritage Committee: 6:30 p.m.Union Ofce, 12th Floor

aPril

3 HHC Chapter: 6:30 p.m.Union Ofce, 12th Floor

4 Executive Committee: 6:30 p.m.Union Ofce, 12th Floor

11 Womens Committee: 6:30 p.m.Union Ofce, 12th Floor

12 Committee of Concerned SocialWorkers: 6:30 p.m.Union Ofce, 12th Floor

17 Alumni Association: 2:00 p.m.Union Ofce, 12th Floor

Shelter Chapter: 6:30 p.m.Union Ofce, 12th Floor

18 Delegate Assembly: 6:30 p.m.Advance Realty Building 235 West 23rd St.,Manhattan

25 Political Action Committee: 6:30 p.m.Union Ofce, 12th Floor

Civilians in Law Enforcement:6:30 p.m. Union Ofce, 12th Floor

CALENDAR

Published monthly except or a combined issue in July/August and a Supplement in January by the SocialService Employees Union Local 371, District Council 37,

AFSCME, AFL-CIO. Subscription Price $2.00 annually.Periodical postage paid at New York, N.Y.

POSTMASTER: Please send address changes to: TheUnionist, SSEU Local 371, 817 Broadway, N.Y., N.Y. 10003.

USPS# 348990 (212) 677-3900ISSN# 0041-7092

PresidentAnthony Wells

Executive Vice President Yolanda Pumarejo

Secretary-TreasurerJoe Nazario

V.P. Negotiations & ResearcRose Lovaglio-Miller

V.P. Organization & EducationIngrid Beaumont

V.P. Grievances & Legal ServicesLloyd Permaul

V.P. Publicity & Community RelationsPatricia Chardavoyne

V.P. Legislation & Political ActionMichelle Akyempong

TrusteesVincent Ciccarello Yolanda DeJesusMelva Scarborough

EditorAri Paul

Visit us on the web at www.sseu371.org

Governor Andrew Cuomo has decided it is not

sucient to balance the budget on the backs o

working men and women. It is not sucient to

diminish the saety net or seniors and disabled children

who receive home care services. He has decided that

workers hired in the uture should have less security in

retirement.

The Governor has proposed creating a less generous

pension plan called Tier 6, which would require uture

employees to work until they reach the age o 65, increase

their contributions to 6 percent and possibly higher, and

contribute or their entire careers. The rate o calculatingones pension would decrease rom 2 percent per year or the rst 30 years to 1.67

percent. The calculation or the nal average salary would be based on the nal

ve years o service rather the nal three

years o service. Additionally, workers in Tier

6 would not have overtime calculated into

their pension.

Governor Cuomo has oered a 401(k)-

style plan uture workers can opt or instead

o a pension. These things are separate and

unequal. A dened benets programa pensionpools our money collectively

to ensure that we have security in retirement. A dened contribution plana401(k)is much more susceptible to the uncertainty o the stock market.

I more workers opt or the 401(k)-type option, it would also draw unds away

rom the pension system, reducing the pension assets o current workers.

Ignoring Labors Voice

It is not only the Governors plan itsel that is a threat to all unions, but

the manner in which he is implementing it. He did not have discussions and

negotiations with the unions. In previous changes to pensions, the employer and

the unions have negotiated those changes. In this instance, Governor Cuomo put

his proposal in the budget rather than seek a separate bill, orcing lawmakers to

pass the budget with his plan in it or get blamed or preventing the governmentrom operating. This is insidious at best.

Labor is united and clear: Tier 6 cannot pass. The Municipal Labor Committee

is launching a media campaign, and unions are educating and mobilizing their

membership. We are lobbying the lawmakers and our position is clear. However,

once again, i this or any campaign is to be successul, the membership must

be inormed and energized. It is important that the uture workers pensions be

protected as we protect ours.

Anthony Wells

We are lobbying the

lawmakers and our

position is clear.

tier 6

no Wy, no how


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Marc 2012 | Te Unionist 3

a spring Offenive

This month,SSEU Local 371,working with DC

37, took another giantstep in pushing orwardthe Assault Bill, whichwould make assaultinga social service worker aelony. Members went

to Albany March 6 to lobby StateAssembly Members, as the bill hasalready passed in the State Senate.

As the Union has recently said tomedia outlets, there has been an in-crease in violence against our mem-bership since the economic downturn

started in 2008. Nearly a year ago, aFraud Investigator was hit in the aceand suered eye damage. Memberswho do home visits have been attackedby pit bulls and residents. An angry cli-ent attacked one o our members whileon lunch break at a restaurant.

Overloaded

We know whats happening. Since2008, the population in need o socialservices has dramatically increased,

while our sta numbers have shrunk,leading to job and benet center over-crowding. Our members do work thathas a substantial outcome on peopleslives, whether it is a parent who maylose a child or a person who may losepublic benets.

Skeptics o our bill ear it willcriminalize the clients. That is alse.It would simply create a deterrent or

these types o attacks, which wouldprotect the workers. Similar protec-tions already exist or transit workersand trac enorcement agents.

The stall is in the Codes Com-mittee o the State Assembly. So weare asking members to get in touchwith the committee chair, BrooklynAssemblymen Joseph Lentol, as wellas Assembly Speaker Sheldon Silver.Tell them that you are a social serviceworker and deserve the same protec-

tions other dedicated civil servantshave.

I we can get these two power-

ul lawmakers to support the bill, itwould be a critical step orward inbringing it to the Governors desk.

The membership IS the Union.Together we canand willwin this

battle.

-Michelle Akyempong, VP ofLegislation and Political Action

Contact Info

Assembly Speaker Sheldon Silver

250 Broadway, Suite 2307

New York, NY 10007

Phone: (212) 312-1420, (518) 455-3791

Assembly Member Joseph Lentol

619 Lorimer Street

Brooklyn, NY 11211

Phone: (718) 383-7474, (518) 455-4477

HonorableAssemblyMember:

IamamemberoSocialServiceEmployeesUnionLocal371.ThepurposeothiscorrespondenceistoaskoryoursupportonBill#A4672.Wearetherontlineworkerswhoprovidesocialservicestothemostvulnerablechildrenan

damiliesinNewYorkCity;romchildprotectiveservicestopublicassistance.Inrecentmonths,thenumberoinstancesoworkplaceviolencehasincreased.Workershavebeenattackedintheofceandthefeldonaweeklybasis.WearerequestingsimilarprotectionsintheworkplacethathavebeenaordedtoourcolleaguesintheTransitAuthority,TrafcEnorcementandNurses.

Wearerespectullyrequestingthatyousupportthisbill.

Thankyou,

Name:

Address:

SSEULocal371member


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4 Te Unionist | January 20124 Te Unionist | Marc 2012

The three-dayDelegate Train-ing in Stamord,

Conn. in October wassuch a success that thesededicated, ront-lineactivists wanted a ollowup session. The Unionbrought nearly 200Delegates and Alternatesto DC 37 headquartersMarch 3 or an all-daytraining session thatocused on key member-ship issues.

Weve won somebattles, but the war isnot over, PresidentAnthony Wells told theDelegates and Alternates

in his opening address.

And we need an army,and that army is themembership.

Ater the Octoberconerence, Delegatesand Alternates expresseda desire to learn moreabout legal issues andthe grievance procedure.The rst hal o thismonths event eaturedthe sta o the Griev-ances section, who spokeat length about Wein-garten rights, vacationpolicy, evaluations, andthe dierence betweenprotocols at dierentagencies.

Members also heard

rom the Unions at-

torneys, including GaryMaitland, who spokeabout the increasinglyaggressive tactics theDepartment o Inves-tigation has been usingagainst City workers.

The tactics are get-ting dirty, he said, not-ing that DOI investiga-tors have been known tocome to a workers homeat 5 a.m. or wait outsidehis or her workplace.

Maitland also toldmembers that workerswho withhold inorma-

tion about colleagueswrongdoings or confictso interest can also bebrought up on charges.The best way or a work-er to avoid DOI troubleis to mind his or her ownbusiness, he said.

Vice President o Re-

search and NegotiationsRose Lovaglio-Millerexplained the bargainingprocess, and how Del-egates, Alternates andthe rank-and-le need tohave labor-managementmeetings on site. Shealso spoke about tactics:

Delegate

training

Shirley Gray, executive

assistant to the president,

rallied the membership.

Delegates and Alternates listened to Union speakers throughout the day about important ront-line issues.

Part tWO

Photospages4&5:PatArnow


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January 2012 | Te Unionist 5

You have the right to remain silentor do you? Most o us know aboutMiranda warnings rom TV and mov-

es. Hearing those warnings is the telltalesign that its time to call a lawyer and notanswer questions. But Miranda warningsare not always required. They only applywhen a person in custody is being interro-gated and are not required in non-custodialencounters with police. Miranda warningsare not required in non-custodial encoun-ters with City investigators either. But youstill have other rights, and you must assertyour rights or you waive them.

When it comes to non-custodial policeencounters, your rights may seem non-existent. You have no right o notice beorequestioning, no right to be ree romntimidation, verbal abuse or even lies, no

right to be told that you may consult withan attorney, no right to be told that youcan invoke your Fith Amendment right to

remain silent. And all City employees are

at risk o harsh, rightening, and relentlessnon-custodial interrogation at any time,any day, anywhere, at the hands o theCitys employee police, the Departmento Investigation, and its agency specicInspector General oces, known as IGs.

DOI and its IGs have an important role,a mandate enshrined in the City Charter toinvestigate raud, corruption, waste, grossmismanagement, conficts o interest andcriminal conduct. But because they havecriminal jurisdiction, their very presenceushers in your Fith Amendment rights.

Bad Surprises

When IGs come calling, it matters littlewhether you are a target or just a witness.They seek the advantage o surprise, theycome in numbers, they come when you leastexpect it and they come at you hard. You willeel trapped, you will see no way out, so youwill try to talk your way out. Dont try! We

have had members rousted rom their beds

in the wee hours o the morning, conrontedon the sidewalk as they leave home or work,or summoned by management to coner-ence rooms commandeered by IGs. Theseare not custodial interrogations, not legally,but believe this, i they come or you it willeel like you are in custody, it will eel likeyou are under arrest. You will be invited tocome to DOI, just to talk about job relatedmatters, just to explain your side. Theycome in groups, they physically surroundyou, they insist on talking then and there,and they ridicule and question any requestor time to think, or or the assistance ocounsel. Call or a union representative orlocation delegate? Not with IGs. Investiga-tors will be quick to tell you that you cannothave a union delegate present. The law saysonly lawyers can represent you when DOIor the IG seeks to interrogate; but you haveno right to a phone call either. Hard to be-lieve? Well, believe it, or wish you had.


Come to managementwith three to ve is-sues, not 15 or 20, orexample. She explainedthat this approach madet harder or manage-

ment to ignore Uniondemands and that i

management addressed,or example, two out othree concerns, it wouldshow that the Union wasable to win victories.

Its a game o chess.

Its strategic, she said.Its about doing whatsbest or the workers onlocation.

Omoniyi Oladitan, whohas been a Delegate orjust a ew months, said hewas grateul or the recent

ollow-up training.This is inormation

I can give back to theworkers, about theirrights, he said.

He added that it was

important or Delegatesand Alternates to stay in-ormed, so as to keep therank-and-le inormedas well.

I eel that sometimesworkers dont know theirrights and dont know

how to remedy that, hesaid. Workers shouldbe aware o their rights.They should be aordeddignity at their work-place.

VP o Organization Ingrid Beaumont and her sta organized the event.

Union lawyers, rom top let clockwise: Jill Mendelberg, Jeery

Kreisberg, Gary Maitland, and Jean OHearn.Members rom all over the City came and participated.

With DOI, Silence Is Golden

Continued on page 8


6/8


Ofcial Rules or 2012 Delegate ElectionsA. GENERAL RULES:

1. The Delegate is the chie Union representativeo his or her location and represents all membersthere regardless o title.

2. Delegate elections shall be held annually inMay.

3. Delegate and Alternate Delegates shall be ap-pointed in accordance with the Locals Constitution;one Delegate or a minimum o 25 to 74 members,two Delegates or a minimum o 75 to 124 membersand, in like manner, one additional Delegate oreach 50 members. For each Delegate there shall betwo Alternate Delegates.

4. Membership in good standing commenceswhen a worker is on union dues check-o, or whena worker is both on agency shop ees deduction tothe local and his/her green card has been receivedin the Union ofce. Membership in good stand-ing is immediately established by direct paymento dues to the Union. Dues are payable monthlyin advance.

5. Locations which do not hold elections in May

will be considered to have unflled positions, unlessthe Secretary-Treasurer has approved, in writing, anextension based on a specifc problem.

6. Nomination meetings shall be held in eachlocation with 15 days notice. Such notice shall beany Union leafet distributed to the members inthe work location or mailed to the membership, ornotice prominently posted on bulletin boards, orpublished in The Unionist.

7. Nomination meeting notices shall speciy thedate, time and place o the election. The nomina-tion notices should also speciy the date, time andplace o a run-o election should it be necessary. Ithe election dates, time and place are not specifedon the nomination notice, a second notice must be

given at least 15 days in advance o any election.8. No unds o SSEU Local 371 or o any afliate

body shall be used to support the candidacy o anymember or any elective ofce within AFSCME.

9. No publication sponsored by the Union orby any afliate body shall endorse or support anycandidate or elective ofce within AFSCME.

10. Any nominee or elective ofce shall have theright to have campaign literature mailed once toeach member in good standing, through the Unionofce, but at private expense.

11. Messages on the Union tape (212-674-7670)or two consecutive work days will constitute ofcialnotice to all candidates. It will be the responsibilityo all candidates to call the tape regularly in orderto keep themselves inormed.

12. Prior approval o the Secretary-Treasurer isrequired or a change in the composition o thework location.

B. ThE WORk LOCATION ELECTION COMMITTEE:

1. The conduct o the election shall be the respon-sibility o the Work Location Election Committee(WLEC). The Committee shall be chosen at thenomination meeting and shall consist o no ewerthan two (2) Union members in good standing whoare not candidates or any position involved in theelection. The members o the WLEC should bepresent at the nomination meeting.

2. The WLEC shall remain neutral on all issuesand candidates.

3. The WLEC shall post on the bulletin boardthe names o the candidates nominated, the date,time and place o the balloting, and the names othe members o the WLEC.

4. The WLEC shall, as soon as possible, inormthe Secretary-Treasurers ofce by phone (212-677-3900) o the nominees names in the order they are

to appear on the ballot and shall assist the Secretary-Treasurers ofce to identiy the distribution pointscovered by their election.

5. The WLEC shall be responsible or picking upall election material including the latest member-ship run, ballots and report sheets rom the Unionofce.

6. The WLEC should count the ballots imme-diately ater closing the polls, but no later than theend o the day.

7. The WLEC has an additional responsibilityenumerated under Section H (Certifcation o theElection).

8. The WLEC shall, immediately ater the elec-tion, destroy all ballots which have not been used.

9. The WLEC shall maintain all records o theelection or thirty-one (31) days, or in case o protests,or 31 days ater the resolution o all protests. Onthe thirty-frst day the WLEC shall destroy all thematerial except the membership run which should begiven to the Delegate or the locations use.

C. NOMINATION AND DECLINATION RULES:

1. Any member who is in good standing or sixweeks on the date o nomination may run or Del-egate or Alternate Delegate.

2. At the nomination meeting any member maynominate himsel or hersel or any other member.No second is required. The nominee need not be

present.3. Any member nominated or Delegate is au-

tomatically nominated as a candidate or AlternateDelegate. However, a member may be nominatedand run or Alternate only.

4. A motion to close nominations is always out oorder. Nominations or each ofce are closed onlyater three consecutive calls or other nominationsgo unanswered.

5. No urther nominations shall be accepted aterthe close o nominations.

6. Every nominee shall be given an opportunityto decline. Declinations ater the nomination meet-ing must be submitted in writing to the WLEC. Amember declining the Delegate nomination will still

be considered a candidate or Alternate Delegateunless he/she also specifcally declines to run orAlternate Delegate.

7. I there is only one nominee or each open o-fce, such unopposed candidate or candidates shallbe declared elected, provided they ulfll all require-ments or ofce. In all other cases, elections shallbe by secret ballot.

D. VOTING RULES:

1. Only members in good standing may vote.

2. Absentee or proxy voting is prohibited.

3. A standard ballot orm shall be used at alllocations.

4. The polls cannot be watched by any candidate.However, each candidate has a right to have a rep-

resentative (who must be an AFSCME member)as an observer.

5. There shall be no campaigning at the polls.No one at the polls (including those registering vot-ers, distributing ballots, poll watching, etc.) shallindicate support or or opposition to any candidatewithin the hearing o anyone voting or waiting to

vote. No candidate is allowed at the polls except tocast a ballot.

6. Elections are to be held or at least two (2)hours during the lunch hours or during the payperiods in conventional 9 to 5 locations. Whereverpossible, elections shall be held all day.

7. For locations where there are shits, votingmust be available or some period or each shit. Wherever possible, the election shall be heldthroughout all shits.

E. VOTING PROCEDURES:

1. In order to receive a ballot, the members namewith Union Designation (Code UA or UX in Pay

Grade Column) must appear on the membershiprun provided by the Union Ofce. Any other code(AA, A, S, or X) denotes Agency Fee payer or Non-Member and, thereore, renders one ineligible tovote unless the WLEC confrms that a green cardhas been received in the Union Ofce. In HHC anAgency Fee payer is identifed by the number 9 inthe frst column ater the name on the printout orby an asterisk (*) on the pay stub.

2. The member must sign the membership runnext to his or her name and will then receive a ballot.

3. I the members name is missing or an ineligiblecode appears, he/she must submit a paystub showingU beside dues deduction or Union membershipmust be verifed by phone through the Union ofce.

Upon receiving proo o membership, the WLECshall print his/her name and social security numberon the membership run, and indicate how member-ship was certifed. The member must then sign nextto his/her name beore receiving a ballot.

F. COUNTING RULES:

1. Each candidate has a right to one (1) represen-tative (who must be an AFSCME member) to bepresent at the counting.

2. The number o ballots cast should not exceedthe number o signatures.

3. Write-in votes, blank ballots, and signed bal-lots are void.

4. A vote is valid i a member votes or the samecandidate in both Delegate and Alternate columns.The two marks shall be considered as one vote orsaid candidate as Delegate.

5. Use common sense i the intentions o the voterare clear; count the vote.

6. The Delegate votes shall be declared andcounted rst. When counting or Alternate anymember who ran or Delegate and lost shall havethe Delegate votes received added to the Alternatevotes received to make his or her Alternate total.

7. In the case o a tie, a runo shall be held atthe request o any involved candidate. Any alter-nate method acceptable to all these candidates ispermissible (e.g. lot, fipping o a coin, drawing

straws, etc.). Fiteen days notice o run-o electionsmust be given.


7/8


G. PROTESTS AND APPEALS:

1. Protests must be made in writing to the WLECby a member o the work location within ten (10)days. In case o such protests, all interested partiesshall be aorded an opportunity to be heard and adecision shall be made by the WLEC in writingwithin thirty (30) days ater the fling o the protest.

2. In any election where an agreement o the countcannot be reached, this problem shall immediately bebrought to the attention o the Secretary-Treasurer

where a ruling will be made.3. In case o an outright violation o the Constitu-tion, a reelection may immediately be ordered bythe Secretary-Treasurer.

4. Any protestant adversely aected by a WLECdecision may fle a written appeal with the Secretary-Treasurer within ten days ater the decision, or, i nodecision has been rendered, within orty (40) days a-ter fling the original protest with the WLEC. Uponreceipt o such an appeal, the Secretary-Treasurershall reer it to the Central Election Committee(CEC) to conduct an investigation, aording allinterested parties an opportunity to be heard anda recommendation shall be made in writing to theSecretary-Treasurer within thirty (30) days.

(The CEC is composed o two representativesrom each Chapter with the Secretary-Treasurerserving as Chairperson. However, no person mayserve as a member o the CEC in any election inwhich he/she is a candidate.)

5. Any urther appeals may be made to the JudicialPanel in accordance with the AFSCME Constitu-tion and Judicial Panel rules.

6. I a protest is being considered beore theWLEC has certifed the election, incumbents shallremain in ofce until the WLEC certifes the elec-tion. I the election has been certied the newlyelected Delegates and Alternates remain in ofceuntil a new election is held.

h. CERTIFICATION OF ThE ELECTION:

1. The newly elected Delegates and Alternatestake oce immediately upon the certication o

the election by the WLEC.2. The WLEC shall post the election results on

the bulletin board.

3. The WLEC shall submit the results o the lo-cal election in writing to the Secretary-Treasurer othe Union immediately ater counting. This reportmust include:

a. A copy o the ballot used including totals re-ceived by each candidate; i the election is uncon-tested, a work location membership list includingSocial Security numbers.

b. The winners names, home addresses, socialsecurity numbers, home telephone numbers, worklocation with their addresses and work telephonenumbers.

c. The signatures and work phone number o theWLEC members.

4. The location shall be considered without Del-egates by the Secretary-Treasurer until the report isreceived. When received, the report will be acceptedsubject to review by the Secretary-Treasurer.

5. Delegates and Alternates shall be ranked in

order o the number o votes received. I membersdesire to yield their rank they must do so in writingto the Secretary-Treasurer.

I. INTERIM DELEGATE ELECTIONS:

1. A Delegate transerred to a new work locationshall continue as Delegate rom his/her ormer lo-cation or a period o thirty (30) days or until suchormer location shall elect a new Delegate, which-

ever shall occur frst.2. In the event an interim election is needed

or vacated Delegate or Alternate positions, saidelection shall be or the total number o vacantofces or the remainder o the unexpired term.No Alternate moves into a Delegate positionautomatically, but must be voted on. IncumbentDelegates move into the next higher available Del-egate position. (Incumbent Alternates move intothe next higher available Alternate position.) Theelection will then be held to fll the total numbero remaining positions.

3. Alternates must resign their position as Al-ternates i they wish to run or a vacant Delegate

position. This is to insure to the members the rightto fll all vacancies at the same time.

4. However, i an incumbent Alternate resigned torun or a vacant Delegate position and is not electedDelegate, but is reelected Alternate, his/her rankamong the Alternates shall be as i he/she had notresigned to run or Delegate.

all POlitics is lOcal,Tip ONeill amously said. Thats whereSSEU Local 371 member Aurea Mangualcomes in.

A Community Coordinator at theOce o the Bronx Borough President,Mangual got her start in the oce in1989, helping people with their housingproblems, as she had previously worked inhousing management.

Now, she acts as a liaison between theoce and our Community Boards in the

Bronx, going to evening meetings on aregular basis and orming relationshipswith board members and residents.

I bring his message to the people, and Ibring the message back rom the people tothe Borough President, Mangual said.

In addition, she interviews applicants orthe Community Boards and makes rec-ommendations to the Borough Presidentabout who to appoint.

It is a job that requires a lot o socialskills, which Mangual has. But, it also haschallenges. Whenever controversial issuescome up at Community Board meetings,

arguments can get heated with emotionsrunning high. She also doesnt like havingto go home late at night by hersel in the

Bronx, although she noted that she has theoption to call a car service and get reim-bursed. Fortunately, she has a lot o riendswho give her rides home.

Doing this kind o work has taughtMangual about the importance o localdemocracy. The residents need to bemore inormed o whats going on in thecommunities, she said. They need to beactive in the elections, in the business intheir neighborhoods, and the schools.

Getting Involved

She added, The Borough Presidentwants younger people to participate in theboards, to get involved in their communi-ties. He wants people to care about wherethey live.

Mangual also noted that being activein the Union makes her better at publicservice.

Engaging in the Union makes youbecome more knowledgeable and you caremore about your job, she said. We solveproblems or the community, the residents,

and the City at large.

On the frOnt lines

Democracy in Action in te Bronx

Aurea Mangual: Getting people involved in local issues.

PatArnow


8/8

So whats the remedy, what can you dowhen conronted by a somber, and scary,team o IGs, or even the occasional group oriendly acting ones? You do have a remedy, apowerul remedy, a winning hand. You havethe protection o the U.S. Constitution, youhave the privilege against sel-incriminationbecause o the Fith Amendment. While youhave no right to be ree rom investigation, orrom interrogation, your City employmentdoes not deprive you o the right to remainsilent. You can deeat the IG, buy time to getexpert legal advice and counsel and you can

choose the time and place o questioning, allthis i you simply take the Fith.

knowing te Fit

We are conditioned to think that the FithAmendment is or criminals and that byinvoking its protection we somehow conesswrongdoing. Nothing could be urther romthe truth. The Fith Amendment applies toall citizens whenever they are subject to in-terrogation by criminal investigators and itsscope is incredibly broad, its reach nearly un-

limited. You may invoke the Fith whenevera truthul answer mighttend to implicate youin a crime. Even the simplest, most innocentact can enjoy Fith Amendment protection.I the IG asks you as simple a question aswhether you were in New York State yester-day, a truthul answer mighttend to incrimi-nate, so you can, and should, take the Fith.You can, and should, reuse to answer. Sinceyou dont know what they are investigating,and they wont tell you, a truthul answermighttend to incriminate you, innocent ornot. I a crime was committed in New York

State yesterday, then admitting you were in

the state is giving an answer that mighttend

to incriminate even the innocent. So youcan, and should, reuse to answer by takingthe Fith. Since you dont know what theyare investigating, and they wont tell youuntil its too late, the best answer, the onlysae answer, is to reuse toanswer. When conrontedby criminal investigators,alone and without legalcounsel, silence is indeedgolden. Time and timeagain, we see membersarrested, or aced with se-

rious disciplinary charges,when the best evidenceagainst them, sometimes the only evidenceagainst them, are their own statements.

When investigators start questioning you,do not ask them am I in trouble? or any-thing else or that matter. They do not haveto be truthul with you. And they will makeyou eel that you might not be in troublei you just tell them your side o the story.Do not ask them, Do I need a lawyer?They will usually tell you its not necessary

or make you eel like there might be moretrouble i you do. But its more trouble orthem, because getting an incriminatingstatement out o you is easier i you donthave counsel and dont assert your right toremain silent.

So i in doubt, shout it out: I want a law-yer, I reuse to answer, Im taking the Fith.Then call the Union. We have lawyers withdecades o experience in IG investigationson call. They will protect you, protect yourrights and protect your job.

Lloyd Permaul, VP of Grievances and

Legal Services


Social Service Employees Union

Local 371

817 Broadway

New York, N.Y. 10003

Periodicals Postage

Paid at New York, NY

Wit DOI, Silence Is Golden

Condolences are extended to Nola Russell-Booker,Director at DC 37s Proessional Division on the deatho her mother, Willie Mae White, who died in February.

Condolences may be sent to Nola Russell-Booker c/oProessional Division, Room 410. 125 Barclay Street,NY, NY 10007.

Condolences are extended to Family and Friends oSamuel Walton, Job Opportunity Specialist in HRA/FIA

Unit at the Union Square Job Center #39, who died inFebruary. He was the uncle o Kelli Walton, who worksat the East End Job Center (2322 Third Avenue, NY,

NY 10035). Condolences may be sent to Sonia Walton,1647 1st Avenue, #3A, NY, NY 10028.

Condolences are extended to Doris Aiken, ChildProtective Specialist II at 92 1st Avenue in thepre-placement Unit in Manhattan, on the death oher mother, Doris Aiken Mishoe, who died Feb. 17.Condolences may be sent to Doris Aiken, 224 New LotsAvenue, Brooklyn, NY 11207.

Condolences are extended to Gwendolyn Brady,Associate Fraud I at HRA/BEV at 250 Livingston Streetin Brooklyn, on the death o her mother, JuanitaHenderson, who died Jan. 22. Condolences may besent to Gwendolyn Brady, 218-26 113th Street, QueensVillage, NY 11429.

Condolences are extended to Ana Bravo, FraudInvestigator II at HRA/BEV at 250 Livingston Street in

Brooklyn, on the death o her mother, Angela Hernan-dez, who died Jan. 23. Condolences may be sent to

Ms. Ana Bravo, HRA/BEV UNIT, 250 Livingston Street,6th Floor, Brooklyn, NY 11201.

Congratulations to Leopoldo Guillard, at Rider Job

Center #38 in the Bronx, who will retire May 18 ater23 years in service.

Congratulations to Bobbie Zimmerman, Sup I at the HRA/LTHHCP, who retired in January ater 26 years o service.

Congratulations to Marvelous May WellingtonGlispy, at the Ofce o the Manhattan Borough Presi-dent, who retired in January ater 22 years and ninemonths o service.

Condolences

Congratulations

Continued rom page 5

ThE UNION MEMBERShIP hAS ELECTED

Delegates and Alternates to the AFSCME

Convention this summer, as well as four new

Trustees. They are:

Delegates: Anthony Wells (automatic),

Michelle Akyempong, Omogo Awanna-

Wheeler, Ingrid Beaumont, Sheryl Calderon,

Patricia Chardavoyne, Vincent Ciccarello,

Eugene Jones, Bertha Joyner, Kirby Lindell,

Rose Lovaglio-Miller, Aurea Mangual, Mary

Myers, Joseph Nazario, Lloyd Permaul,

Yolanda Pumarejo, Efrain Quintana, Kathy

Sabater, and Sadie Sanders.

Alternates: Matthew Akinola, Hector Austin,

Theodore Baker, Richard Bond, Geraldine

Bryan, Alfredo Crossman, Brenda De Fares,

Trevor Gibbs, Richard Gross, Tanya Hatcher,

Juanita Ingram, Esuabana Moses, Sylvia

Quinones, Miriam Ramos-Ortiz, Elma Reeves,

Derek Robinson, Eduardo Sanchez, Derek

Saunders, Thomas Schechter, and Eric Seroy.

Trustees: Hiro Ciprian, Alexander Elias,Cassandra Hendricks, and Michelle Woody.

The Unionist March 2012

Documents

Transcript of The Unionist March 2012