DMV PEF Division 211

Capital District
6 Empire State Plaza
Albany, NY 12228

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June 16, 2017:

PEF Members:

The PEF Legislative Department, Statewide Political Action Committee and leadership have been actively engaged with the PEF 2017 legislative issues throughout the session. Your many emails and letters helped tremendously with the 2017 budget priorities, so I am respectfully requesting your assistance once again.

The Legislative Office and SWPAC have assembled the following PEF legislative letters/links for you to send to your locally elected State Senators and Assemblypersons. If you wish to quickly support the legislation you can simply click on the "SUPPORT THIS BILL" link below. Once you click on the link you will see a blue box off to the right side that asks "Do you support this legislation?" Click "Aye" and then you will be asked to fill out a very short form. That’s all there is, you can send a message to the legislature and support PEF legislation in less than a minute.

However, if you prefer to send a letter/email you can scroll to the pre-written letters below. There, you will also find a link to find your senate and Assembly members, should you prefer to contact directly. Identified PEF legislative issues:

Sets forth conditions when an agency shall enter into a contract for consultant services. Requires NYS agencies to conduct a cost comparison prior to entering into a contract for consultant services to determine if the current state workforce is a less expensive alternative.

This legislation empowers the Justice Center Advisory Council to review the mission and operation of the Justice Center.

Assesses an employer a civil penalty of not less than one thousand and no more than ten thousand dollars, per violation where an employer requires a nurse to work more that such nurse's regularly scheduled work hours.

Requires legislative approval for the closure of certain office of mental health, office for people with developmental disabilities or office of children and family services facilities and institutions.

Enacts the "safe staffing for quality care act" to require acute care facilities and nursing homes to implement certain direct-care nurse to patient ratios in all nursing units; sets minimum staffing requirements; requires every such facility to submit a documented staffing plan to the department on an annual basis and upon application for an operating certificate; requires acute care facilities to maintain staffing records during all shifts.

Many state employees put themselves in harm's way on a daily basis and should be rightly compensated if they are injured while on the job. This bill would provide certain title series the benefit of having the salary and medical bill paid by the state for an on-the-job injury.

This bill would require the state to follow the federal standard and make equitable geographic pay differentials. Using an existing federal standard for federal employees is a sound policy for New York to follow for all of its employees.
How to contact your Senator? CLICK HERE
How to contact your Assemblyperson? CLICK HERE

Send a letter? If you prefer to send a letter, PEF has prepared language that makes the point, but as always, please feel free to alter the letter to your preference:

Cost Benefit Analysis, Justice Center, Mandatory Overtime Enforcement, Closure of Certain Facilities, Safe Staffing, Geographic Pay Differential, and Injury Expense Coverage.

Of course, this is not a comprehensive listing of all the legislation that the PEF legislative office monitors daily. For the State Legislative Agenda, which is approved by the delegates at the annual PEF Constitutional Convention, please click here. You can also use these links, and the contact information provided, to communicate on any issue that you may not find listed above

I would encourage all members to make an effort to contact or visit their local legislators annually and make them aware that you are an active constituent. When doing so, please identify yourself as a PEF member. I would also ask that you take notice of who the sponsors of our legislation are and contact their office to thank them for their support. Your constituent letters, phone calls and emails not only amplify the PEF legislative efforts in Albany, but also demonstrate that you are politically active to your local representative.

If additional information or assistance is needed, please feel free to contact PEF Legislative Director: GAmorosi@PEF.ORG

In Solidarity,
Wayne Spence
PEF President

June 5, 2017:

PEF Members:

We need your help. When Betsy DeVos was nominated to be secretary of education, we sounded the alarm because of her role in Michigan and Florida as an anti-public education and pro-voucher lobbyist—what I call a "public school denier." The public agreed with us, but the White House and GOP-led Senate ignored the outcry of millions of Americans from across the country and confirmed her appointment—using a tiebreaking vote by Vice President Mike Pence. The budget DeVos and the Trump administration issued today reaffirms our concerns—big-time.

We feared DeVos was ill-prepared to be education secretary, and now, after seeing this budget, we know she doesn’t care. The Trump-DeVos budget is manifestly cruel to children and catastrophic to public schools, while being a windfall for those who want to profit off of children or make education a commodity.

That is why we are reaching out to everyone, regardless of your job title, where you live or your political party. We need your help in taking on the Trump-DeVos budget and its consequences.

Write to Betsy DeVos and oppose this cruel and catastrophic budget today.

Just look at what the DeVos budget proposes:

  • While Trump and DeVos chose private schools for their children, with small class sizes, they want to eliminate the federal funding that helps America’s public schools lower class sizes.
  • While Trump and DeVos can afford whatever their children and grandchildren need or want, and while Ivanka Trump got $19 billion for her parental leave project, the budget completely zeros out all current federal programs that keep millions of poor children safe and well-fed in after-school and summer programs.
  • Trump says there is nothing more important than being a teacher, but he eliminates the loan forgiveness program that helps students pursue teaching careers, eliminates funding for teacher preparation and educator support, and guts most other programs that alleviate student debt or make college more affordable.
  • Trump says vocational education is the way of the future yet slashes career and technical education funding.
  • DeVos promised not to hurt children with special needs, but the budget cuts one-quarter of the Medicaid funding that now pays for essential school-based services like physical therapists, feeding tubes and other medical equipment, and health screenings.

And what do they fund with all these cuts? This budget provides tax cuts for the wealthy and redirects funding for expanded charter schools and vouchers. It spends $250 million on further research for vouchers even though the most recent studies, including one on the D.C. voucher program by DeVos’ own Education Department, show that vouchers hurt kids. And it diverts $1 billion from Title I funding—including $550 million in direct Title I cuts—to fund an Arne Duncan-like Race to the Top-style program.

Tell Betsy DeVos that our children deserve better. She must stop her crusade for private, religious schools and failed voucher programs and fully fund public education.

Federal and state funding is vitally important for our public schools to help children. Just ask the people in Van Wert, Ohio, who spent a day hosting DeVos and me. DeVos saw examples of great public schools in this rural area that voted big-time for Donald Trump. She saw the importance of early childhood education, observed hands-on learning in robotics classes, and learned about after-school programs, including a senior project that helps provide backpacks filled with food for the weekend to kids who receive free and reduced-price lunch.

These, and many more, are the programs that will be decimated under DeVos’ education budget. Imagine the impact on your own public schools.

DeVos has a track record of trying to dismantle public education. In her home state of Michigan, she’s spent millions of dollars—to divide communities and defund, undermine and privatize public schools. DeVos lobbied for a school voucher law that voters in Michigan overwhelmingly rejected. But she was able to push through the vast expansion of for-profit charter schools with little oversight and accountability. And now she wants to bring this same agenda to every city and town in America.

Americans want the secretary of education to strengthen and support the public schools that 90 percent of American children attend, not strip them of vital resources and support. Tell DeVos to fully fund public education.

The promise of our public schools is to create a pathway of opportunity for students and communities across America. The Trump-DeVos budget cuts promise only to block the path for students and families who depend on public education to find the way to a better future. Nobody who understands the importance of meal programs, after-school programs, access to a gym after school, and the availability of a therapist to help kids with depression and anxiety, would propose cuts so staggering and harmful.

Make no mistake, we will fight for America’s children against a federal budget proposal whose cruelty is matched only by its callousness. Help us fight by writing to DeVos today.

Thank you for all you do.

In Unity,
Randi Weingarten
AFT President

May 11, 2017:

PEF Members:

Since this is the first year of our transition from the printed Communicator to the eCommunicator, we want to make sure all members are aware of an upcoming deadline and the other rules for delegate nominations to the PEF 2017 PEF Convention. This year, the PEF Convention will be held Sunday, October 22, through Wednesday, October 25, 2017, in Lake Placid, New York.

In an effort to provide advance notice, Convention Delegate information was included in the March 2017 eCommunicator and has been posted on the PEF website. If interested in participating and setting the agenda for PEF for the upcoming year as a Convention Delegate, please click here.

This is a reminder that nominating petitions must be received by May 24, 2017 at 5:00 PM. For additional information contact Kristie Furman, Divisions Coordinator at 800-342-4306 Ext 231 or email at:

Wayne Spence
PEF President

May 9, 2017:

PEF Members:

Get Your Con Con Tool Kit.

May 3, 2017:

PEF Members:

As you know PEF strongly opposes the circumvention of the Civil Service merit system and continues to fight any erosion of the Civil Service process. Unfortunately, state agencies have the option to make changes without utilizing the legislative process.

Click here to see the Rule Making Activities for May, 3. 2017.

I want to alert you to a little known 4th branch of government in New York. It’s called the Rule Making Process under the New York State Department. As you know, the State Legislature is responsible for enacting the general laws in New York. In doing so, the Legislature often delegates "rule making powers" to the state’s administrative departments and agencies.

Click here to see the statutory authority that sanctioned these actions (Page 25). This 4th branch of government has no accountability, nor are they elected. Agencies are then empowered to develop and enforce the rules and regulations they find necessary to implement the broad policies adopted by the Legislature.

The Department of State is responsible for producing the weekly New York State Register, which plays a central role in the rule making activities. The Register contains notices of newly proposed rules as well as proposed changes to existing rules. Included in a "Notice of Proposed Rule Making" are the text of the rule if under 2,000 words or a summary if over 2,000 words; the time, date and location of any public hearing(s); and the name and address of the agency contact person to whom comments can be addressed. Publication of this notice initiates the rule making process.

However, there is an opportunity for PEF members to comment Allow me to reiterate, the New York Constitution, Article V, §6, which requires that appointments and promotions in the civil service of the state “…shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive. To deviate from this constitutionally mandated principle on such a scale, that these agencies are proposing, should not even be considered without thorough analysis, investigation and factual support as well as solid legal rationale. With that being stated, the following agencies are attempting to use the "exempt" or "non-competitive" avenue to create or add new positions:

OITS - On Page 2, you will find a proposed rule to increase the number of exempt positions of "Special Assistants" title from 23 to 30.

DOCCS- On page 4, you will find a proposed rule to increase the number of exempt positions of "Investigator I" title from 15 to 68.

DFS- On Page 5, you will find a proposed rule to add the number of exempt positions of

  • "Chief Actuary" title total 16. (Control 20)
  • Increase the number of exempt positions of "Deputy Superintendent" from 5-6. (Control 24)
  • Add the number of exempt positions of “Director of Financial Services Programs 3 for a total of 50. (Control 22)

On Page 6,

  • Add Non-Competitive class for "Financial Services Specialist 1 and 4" for a total of 180. (Control 23)
  • Increase the number of exempt positions of "Investigator I" from 11 to 34 and add 10 total "Assistant Chief" positions. (Control 21)

Justice Center – On Page 6 you will find a proposed rule to increase the number of exempt positions of "Assistant Counsel" from 28 to 38.

How can you help or participate?

The 45 day public comment period on the proposed regulations has begun.

  • You can write a letter detailing your objections,
    ILENE LEES, Counsel
    Department of Civil Service
    Agency Building 1
    Albany, NY 12239
  • You can call (518) 473-6598 and voice your objections, or
  • Send an email detailing your objections

Comments should be sent to:
Department of Civil Service
Agency Building 1
Albany, NY 12239
(518) 473-6598
Email –

The 45 day public comment period on the proposed regulations began today. I strongly encourage each PEF member make your comments known as we attempt to terminate this scheme to circumvent the civil service merit system. Together We Win!

Wayne Spence
PEF President

April 11, 2017:

PEF Members:

As a follow to the legislative update that was sent on Saturday April 8, 2017, I wanted to let you know that the final budget has been acted on and signed by the Governor. While no budget is perfect, I have to reiterate that PEF did very well for issues that had been designated as PEF Budget Priorities.

Read More.

March 31, 2017:

PEF Members:

Let’s keep building PEF POWER!

PEF is taking a stand for workers, our communities health & safety, and the contribution of public sector scientists. Come join with fellow PEF members in the People’s Climate March on April 29th in Washington, D.C. Click here for a flyer. Sign up at the following link to join our parent union SEIU and the labor contingent of the People’s Climate Movement to fight all threats to the health, safety and wellbeing of our communities! or contact:


PEF has been assured by the Governor’s Office of Employee Relations that they are working quickly to identify any issues and to make any and all necessary corrections as soon as possible.

As always, we will continue to keep you informed. Everyone is committed to making sure you get the money we negotiated for you!

Wayne Spence
PEF President

March 23, 2017:

PEF Members:

PEF maintained constant communication with GOER and the State Comptroller from the moment a question was raised as to the calculation of the retroactive raise. The Office of the State Comptroller has confirmed that the April 1, 2016 retroactive raise has been calculated correctly.

Retroactive salary adjustments are processed by calculating the difference between the old and new biweekly salary and multiplying that difference by the number of pay periods an employee was in active status in an eligible position during the raise period.

Retroactive adjustments are always calculated for the number of pay periods from the effective date of the raise to the pay period the raise is processed (taking the lag variable into consideration).

Please click here to see the Administration Payroll Calendar.

For our PEF raise, retroactive adjustments were calculated using the following dates:

  • April 7, 2016 through February 22, 2017 (23 pay periods) for Administration checks dated 3/22/17.
  • March 31, 2016 through March 1, 2017 (24 pay periods) for Institution checks dated 3/30/17.

Calculation example: (038356 is the factor used for this raise period) (New Salary x .038356 = New biweekly) - Old biweekly x 23 pay periods=Retro Pay

As you can see, the components of the calculation are somewhat complex, but hopefully this clears up a majority of the misunderstanding. Individual retroactive salary adjustments can vary based on changes in an employee’s status during the raise period. If you have any questions about your specific calculation - including how to calculate your biweekly salary - please fee free to contact your agency payroll officer

Thank You
Wayne Spence
PEF President

March 22, 2017:

PEF Members:

By now PEF members have started receiving their retroactive 2 percent salary increase going back to April 1, 2016. We learned today that there are issues with the calculation of that amount for some of our members.

PEF has been assured by the Governor’s Office of Employee Relations that they are working quickly to identify any issues and to make any and all necessary corrections as soon as possible.

As always, we will continue to keep you informed. Everyone is committed to making sure you get the money we negotiated for you!

Wayne Spence
PEF President

March 10, 2017:

PEF Members:

Building PEF Power Worksite Meeting
Thursday March 16th, 11:45 am.
Room 137
Lunch will be served.
More Information.

Ralph Mabb
DMV Div 211 Council Leader - Eboard Seat #420

March 8, 2017:

PEF Members:

Great News!
The Office of the State Comptroller (OSC) has released the Payroll Bulletin providing for payment of the retroactive April 2016 salary increase.

Administration Payroll – 3/22/17.

Institution Payroll – 3/30/17.

For more details see the Payment Schedule.

I want to thank the PEF Legislative staff for working to ensure the PEF Paybill was passed and signed as expeditiously as possible, enabling our raises to be implemented weeks earlier than has ever happened with PEF contract raises before.

Together We Win!

In unity,
Wayne Spence
PEF President

February 23, 2017:

PEF Members:

Great news! Even though the legislature is not in session this week, the PEF legislative staff was able to get the PEF paybill sent to the Governor today.

The Governor has 10 days (not counting Sundays) to sign or veto bills passed by both houses. Signed bills become law; vetoed bills do not.

Once the Governor signs the PEF paybill, the NYS Comptroller then has the authority to finalize calculations for disbursement.

As was accomplished this past summer with the previous one-year PEF contract, we will continue to update you at each step of the process.

Please check the PEF website and Facebook page regularly for updates.

In unity,
Wayne Spence
PEF President

February 15, 2017:

PEF Members:

Great News!
The PEF "Paybill" went through its third reading, as required by law, on February 9, 2017. Today the bill was overwhelmingly passed by the New York State Assembly. This means our "Paybill" A.4542 has now passed both houses of the legislature and should soon be sent to the Governor for his signature. Please check the PEF website regularly for updates.

February 3, 2017:

PEF Members:

This afternoon the PEF pay bill was introduced by both houses of the legislature and is now in committee in both houses. The bill's sponsors are Senators Amedore and Tedisco (S4076) and Assemblyman Abbate (A4542). The PEF legislature staff is working to ensure swift passage.

I will continue to keep you updated as the bill moves through the legislative process.

In unity,
Wayne Spence
PEF President

February 1, 2017:

PEF Members:

I have received confirmation from the Governor’s Office of Employee Relations (GOER) that the PEF pay bill will be released by the Governor’s office and sent to the legislature today. I will keep you updated on the process as it continues to move forward.

In unity,
Wayne Spence
PEF President

January 10, 2017:

PEF Members:

The December/January issue of the Communicator arriving in your mailbox this week is the last printed edition we will be sending to members' homes.

You are receiving this email because we have your current non-work email address. Please check with your co-workers and help us spread the word about the PEF eCommunicator by making sure we have their non-work email as well. Here is the link for members to provide us with their non-work email to ensure delivery of the eCommunicator.

This new and and exciting online format will allow us to immediately add new articles of importance as breaking news happens, and to include more localized and regional stories and advertising, which will result in more opportunities for you to enjoy local savings and to stay updated about PEF and issues important to the PEF membership.

We thank you for your continued support as we transition into the 21st century and as we work to keep you, our members, better informed.

Contract Update:

I want to make sure you have the latest information on the status of the retroactive and pay calculations relating to our recently ratified contract agreement. Please click here for this important update: Contract News

Wayne Spence
PEF President

December 15, 2016:

PEF Members:

PEF Members Ratify State Contract With a 96 Percent "Yes" Vote. Contract News

October 28, 2016:

PEF Members:

With only one vote against, members of the PEF Executive Board voted this afternoon to send the 2016-2019 tentative contract to the PEF membership for ratification.

  • Ballots will be mailed out in lime green envelopes by the American Arbitration Association (AAA) on Wednesday, November 9, 2016.
  • Ballots must be received by the AAA on or before 5 p.m. on Tuesday, December 13, 2016.
  • If you do not receive your ballot by Wednesday, November 16, 2016, call the AAA hotline at (800) 529-5218 to request a ballot or replacement ballot.
  • Ballots will be counted by AAA on Wednesday, December 14, 2016.

Over the coming weeks, PEF will be scheduling meetings around the State to answer your questions and hear comments about the tentative agreement. To learn of contract meetings in your area, check the PEF website and the official PEF Facebook page.


Wayne Spence
PEF President

October 20, 2016:

PEF Members:

Yesterday, the PEF contract team and the GOER bargaining team reached tentative agreement on a three year contract from April 2016 to April 2019.

The contract provides for three compounded wage increases of 2% per year, retroactive to April 2, 2016.

Of critical importance is the fact that the contract includes no healthcare concessions and no negotiated changes in healthcare benefits or costs. The contract provides no increases in member co-pays, deductibles and no other increases in out of pocket costs to members for the full three year term of the contract. PEF and the state also agreed to immediately meet to work together to find innovative and effective ways to deal with spiraling health care and prescription drug costs in the future. The agreement also includes no changes in workers compensation benefits.

Your PEF Executive Board will be meeting next week. Further details and updates about the tentative agreement will be forthcoming, so please check the PEF website and Facebook page regularly.

I know you will join me in thanking the members of PEF's contract team who have worked hard and tirelessly over the past two years on this contract. While negotiations have been ongoing for the past two years, intensive round the clock negotiations began Monday morning and concluded at noon yesterday with the execution of the tentative agreement by the chief negotiators. The contract team unanimously approved and recommended the tentative agreement for the Executive Board's approval and then, ratification by PEF's membership.

I am proud to have been a part of this process and look forward to the ratification of this three year contract.

Wayne Spence
PEF President

October 4, 2016:

PEF Members:

Friday, November 4th 12pm, Room 137. Lunch wiil be provided. You must charge accruals if you remain past 12:30. You must pre-register to attend. Register by calling: Ralph Mabb: 486-5876, Jim Parker: 474-3320, Nicole Cox 408-2856. More Information.

June 2, 2016:

PEF Members:

The deadline is quickly approaching to mail in your contract ratification ballot. Ballots must be received by June 6th. Mail in your ballot today to make your vote count. A strong voter turnout shows PEF unity and means strength at the bargaining table!

May 24, 2016:

PEF Members:

Thank you to the many PEF members who have already voted and mailed in their contract ratification ballot. If you have not done so, please take a moment to mark your ballot and drop it in the mail. Ballots are due back to AAA in NYC by Monday, June 6th. A strong voter turnout strengthens PEF at the bargaining table for future negotiations.

If you have not received your ballot, please call AAA at 800-529-5218 ASAP and a replacement ballot will be sent to you.

United We Bargain, Divided We Beg.

In Harmony,

Wayne Spence
PEF President

May 12, 2016:

PEF Members:

In response to questions about health insurance in the 2015-16 Tentative Agreement, we've revised the Contract FAQ's to clear up any confusion. Please see below:

As noted in the recently mailed Communicator Special Edition, the 2015-2016 Tentative Agreement includes a 2% across the board wage increase, increases in funding levels for committees and programs, and no changes in health benefits. As noted in the gains and tradeoffs chart in the Communicator, there are some changes to the contract language to remove obsolete and expired language which is no longer in effect. We have heard that some people are concerned that the deletion of the obsolete language will result in increases or changes in health benefits. This is unequivocally not true. Please see the revised FAQs for an explanation as to why removal of the old language in the new tentative agreement results in no changes to your health benefits.

Q: Are there changes in the level of health benefits (e.g., types of coverage) in the 2015-2016 tentative agreement?

A: No. The tentative agreement does not make any changes to your health insurance coverages.

Q: Are there changes in the costs of health benefits (e.g., employee premium contributions, copays, deductibles, etc) in the 2015-2016 tentative agreement?

A: No. The tentative agreement does not change the costs of PEF members' health benefits. It does not reduce the amount the state contributes to the cost of that health insurance, it does not change the Empire Plan combined annual deductible, or any other cost sharing, including copays, under the Empire Plan. Empire Plan enrollees' out-of-pocket costs are not going to increase as a result of implementing the tentative agreement. These are the same costs that were made effective by the 2011-2015 PS&T Contract.

April 25, 2016:

PEF Members:

Reminder. Wednesday is the PEF Div 211 General membership meeting. Noon, Room 137, Lunch will be provided. Members of PEF staff will be on hand to answer questions about the upcoming contract and the need to vote! Please call RMABB at 486-5876 or Jim Parker at 474-3320, or Nicole Cox at 408-2856 to RSVP. More Informatoin

April 11, 2016:

PEF Members:

I'm writing to you today with great news about PEF contract negotiations. We have come to terms with the Governor and his team on a one year agreement, retroactive to April 1, 2015, that provides 2% across the board salary increases for the PEF membership.

This unprecedented one year retroactive agreement is thanks to the hard work, professionalism and expertise of the PEF contract team, and the leadership of team chair Region 11 coordinator Jemma Marie-Hanson and chief negotiator Mark Richard. All exhibited patience, professionalism and expertise at the negotiating table.

Our work is not done however. Now, the contract team goes back to the negotiating table to iron out the remaining issues, like health insurance, job security and salary increments for the remaining years of a new agreement.

Ratification timeline and other details are still being worked out and we'll get that information to you as soon as it is available.


In Unity, Wayne Spence

Reminder. Wednesday is the PEF Div 211 General membership meeting. Noon, Room 137, Lunch will be provided. Members of PEF staff will be on hand to answer questions about the upcoming contract and the need to vote! Please call RMABB at 486-5876 or Jim Parker at 474-3320, or Nicole Cox at 408-2856 to RSVP.

April 1, 2016:

PEF Members:

Bi-Annual Membership Meeting. Wednesday April 27th 12pm. Room 137. Lunch will be provided. You must charge accruals if you remain past 12:30. You must pre-register to attend. Register by calling: Ralph Mabb 486-5876, Jim Parker 474-3320 or Nicole Cox 408-2856

March 14, 2016:

PEF Members:

Please take the time to fill out the following survey.

Survey Documentation

February 26, 2016:

PEF Members: