OLR MEETING SUMMARY-- DECEMBER 12, 2007

MEETING SUMMARY

On December 12, 2007 and at the request of the City’s Office of Labor Relations (OLR), a meeting took place at OLR to update all concerned parties on future plans for ECB. The following were in attendance:

Present for UFT-- Howard Schoor, Ilene Weinerman, Scott Kegelman, Sandra Frelix
Present for OLR-- Richard Yates, Jean Brewer, Victor Levy
Present for the City/Management-- David Goldin, Carol Post, Joanne Weiss
Present for CSBA-- Ilene Shifrin, Gloria Johnson, Ann Biebel, Harry Vee
Present for OATH—Charles McFaul, Roberto Velez

David Goldin provided an overview of planned governance changes at ECB toward the goal of addressing speculation, questions, and concerns that have arisen among ALJs about the future of ECB. He expressed a desire to begin meeting with groups of ALJs, with union representatives present upon request, in order to disseminate this information and “allow people to feel comfortable”.

Goldin presented background information on ECB as well as its current governance structure. He also described the findings of the recently conducted operational assessment which, in his words, “identified a governance strategy and where we want ECB to go”. In summary, the assessment sets forth a rationale for governance changes based upon perceived needs to increase professionalism, improve customer service, integrate technology, and facilitate ECB’s independence from other agencies for which it renders decisions.

During the discussion, Goldin outlined a three step plan for implementation:

At the next ECB Board meeting on January 17, 2008, the Commissioner of DEP will delegate her position to the Chief ALJ at OATH. This will result in the appointment of a new Executive Director within ECB. According to Goldin, there will be no other changes to ECB at that time.

In spring 2008, legislation (now being drafted) will be introduced at the City Council proposing one change to section 1404 of the City Charter. This change will transfer oversight of ECB from DEP to OATH. As described by Goldin, ECB’s personnel, responsibilities, locations, and assignments will continue.

The third step will be introduction of state legislation in fall 2008 to discontinue ECB and assign responsibility for its cases to a newly created division within OATH. Goldin again indicated that the same ALJs, procedures, and offices would remain, with the following exceptions—
(1) Appeals will be handled by ALJs rather than the Board, and
(2) The balance of full time and part time ALJs may be “reassessed”.

With regard to the second point above, Goldin stressed that his goal is to have the “best, most professionally skilled core of ALJs based on the people that are there now”. Toward this end, he acknowledged that while full timers may provide “greater flexibility”, he also recognizes that many ALJs currently working part time might not be available to accept full time positions. In addition, he indicated that the impact of the current 1000 hour cap would eventually need to be discussed.

Upon conclusion of the presentation, the meeting was opened to questions. Representatives from CSBA declined to ask any questions, stating they did not wish to do so in an open forum.

Below are excerpts of Management’s responses to specific questions raised by the UFT:

Regarding the issue of the DEP Commissioner’s delegation of authority to the Chief ALJ at OATH—Goldin was specific in stating that it is a “permanent divestiture of authority” aimed at getting DEP “out of the business of running ECB”. He cited as the legal basis section 1404 of the City Charter, which grants Board members the power to delegate their functions and responsibilities.

At the UFT’s request, Goldin agreed to provide a copy of the legal opinion on this matter.

Regarding possible choices for the new Executive Director—Goldin reported that certain individuals are under consideration, but he is not prepared to divulge the names at this time.

Regarding changes likely to take place in the daily functioning of ECB—Goldin identified various advantages that governance by OATH might provide, including new technology and more creative recruitment/training options.

Regarding the optimum balance of full time and part time ALJs—Goldin indicated that this would have to be “systematically studied” with the effects of changes such as electronic case management taken into account; hence, he does not have enough information now to provide specific numbers.

Regarding the need for state legislation to complete the transfer of authority to OATH—Goldin indicated that such legislation would be necessary to allow statutorily for hearing officers who are not five year appointees, as set forth in section 1049 of the City Charter.

At the conclusion of the meeting, OLR indicated a willingness to respond to further questions or hold additional meetings as the need arises.