Correctional Officer Association of Delaware
C.O.A.D.
Suite
202
19
South State Street
Dover,
DE 19901
Office (302) 734-8061
Fax (302) 734-8062
The March Update
This, the third month of 2003, has been an
extremely busy and complicated month. It has brought about many new changes in
how the State and the Legislature view us as individual officers and as an
organization. We have had tremendous representation and impact on the floor of
the Joint Finance Committee (JFC). We have achieved an enormous amount of
face-to-face time with our legislators. Doors into government, for the first
time, are being opened to us. We have designed a complete contract that has
been read, critiqued and edited by people that have done many contracts
including an attorney with the ability to close the obscure loopholes. The
following is an update for you, our fellow Correctional Employees and friends,
on the current proceedings in The Correctional Officers Association Of
Delaware.
Joint
Finance Committee - 27 February 2003 - Legislative Hall
It was stirring to see the turnout; over
40 Correctional Officers and even some "White Shirts" were at
Legislative Hall. If you recall last months update, we informed you that the
State had declared that there was a 9% attrition rate while the Correctional
Officer Association of Delaware was stating a 51% rate according to the COAD
Informational Packet. Commissioner, Stan Taylor, informed the Joint Finance
Committee (JFC) that the attrition rate was only 6%, which is below the
national average. The senators challenged this rate. Our Informational packet
included the chart from The February Update on the years of service
breakdown and the States totals for officers graduating the CEIT classes over
the last 15 years. A specific section in the COAD Informational Packet
showed that over the last five years, 1204 officers were hired and currently
only 800 officers remain. This 33% attrition rate shows that there is a
definite retention problem.
Ballistic
Vest - 6
March 2003 - Employee Development Center
The stab resistant vests are out of the
institutions. Ballistic vests are presently, to be worn by those that carry a
firearm. Stan Taylor is awaiting an opinion from the Attorney General's office
in regards to employees who carry firearms to not ware the ballistic vest.
Contract
Negotiations -
6 March 2003 - DOC Education and Development Center (EDC)
This negotiation session was proceeded by
many days and weeks of work by the Executive Board to create, compile and tweak
a contract that was designed to be employee friendly. The Attorney, Kimberly
Kline has come to help us from the National Union of Law Enforcement
Associations. She has opened our collective eyes about some of the articles
that we had in the contract. Now to give you a brief overview of our proposed
contract articles:
1.
Agreement - Who we are.
2.
Purpose - The reason for the contract
3.
Association Recognition - What job classifications are
covered by the contract
4.
Definition of Employees - A legal definition so the
word employee will be set throughout the document
5.
Association Security, Dues and Service Fees - Exactly
who and when are the members covered
6.
Association Officers and Representatives - How the
Union is set up and your representation by officials
7.
Probationary Period - How long (yes - we want 6 months)
8.
Grievance Procedure - How and why grievances are used
allowing to be progressive
9.
Special Rights of the Parties - institutional or system
wide grievances (will be combined with #8)
10. Employee
Rights - regarding any form of discipline i.e. progressive, time limits,
suspensions etc.
11. Internal
Affairs/ Investigative Interview Rights - a set of guidelines to protect the
employee and provide representation
12. Labor
Management Meetings - time frames and the range of what they can cover
13. Orientation
of New Hires - when and where it shall be done
14. Visitation
- access to institutions by union officials, their representatives and/or
outside parties
15. Bulletin
Board - location for union information inside the institution
16. Management
Rights - right to manage operations and direct employees except where
prohibited by the contract
17. Strikes
and Work Stoppages - restating the law
18. Call
Off/ Sick Leave - a positive reinforcement program including an incentive
(monetary) program to not call off sick
19. Seniority
- what is it and how it is accrued
20. Health
and Welfare - health coverage, insurance and protection from infectious
diseases
21. Part-Time
Public Office - elected public officials
22. Working
Conditions - staffing, state of emergency etc.
23. Institutional
Designations - the name of each institution
24. Hours
of Work - guide lines for shift times at each institution
25. Work
Schedule - including VHR and E.D.C.O.'s
26. Safety
- safe and healthy work environment for all employees
27. Overtime
- The availability, distribution and calling
28. Personal
Leave - 6 personal days - not counted as sick leave or annual leave
29. Vacation/
Holiday Preference and Schedule - Order of preference and how to assign
30. Transfer
within an Institution (By Classification) - Posted, criteria of scoring and the
grievance process
31. Transfer
Outside An Institution (Lateral) - Application, criteria of scoring and the
grievance process
32. Transfer
Involving Career Ladder Positions - Filling, selection and the grievance
process
33. Promotions
- application, announcement, definition and rights
34. Performance
Review - guidelines - timeframe and default
35. Personnel
Records - number, access and security
36. Drug
Testing - actual state procedure so no changes can be made without notification
37. Leave
Bank And Leave Bank Donation Program - Change in how sick leave is donated
38. Equipment
- what is issued and duration between replacement
39. Uniforms
- what is issued, duration between replacement and forming committee to update
uniform issues
40. Essential
Employees - definition and guidelines
41. Testing
time off and travel time
42. Training
Notification and time off
43. Demotion
definition, guidelines and the grievance process
44. Shift
Trades what it is and how they work
45. Temporary
Modified Work alternative, light and reasonable accommodations
46. Employer
Information Provision Information from state to COAD
47. Contract
Out procedure and guidelines
48. Employee
Reimbursement Payment for unused sick leave per year
49. Addendum
to Merit Rules Included language from Merit Rules
50. Flextime
And Compressed Work Week Schedule any changes will be mutually agreed upon
51. Report-In
Procedures And Locations When and where
52. Employee
Facilities Water, Restroom, Personal Property, Eating Areas and Rest Periods
53. Use
of Premises by Association requests being made shall not be unreasonably
denied
54. Call
Back Pay payment for those called back in after work
55. Stand
By Duty Pay time frame and amount
56. Shift
Differential Pay incorporated shifts and amounts
57. Roll
Call Pay those required to arrive early allowance for additional pay
58. Bilingual
Pay Those required or requested to use bilingual ability - allowance for
additional pay
59. Acting
Capacity Pay extra pay for additional responsibility
60. Lead
Worker guidelines and additional pay
61. Layoffs,
Job Abolishments, and Reduction in Work Force - protection
62. Retirement - Terminal leave concept
63. Bumping
Rights definition and guidelines
64. Liability
Protection protection of employee in law suites
65. NON-Discrimination
definition and coverage
66. Prohibition
of Sexual Harassment - definition and coverage
67. Scope
Wavier Alteration of Agreement State and ratified by body not single person
or small group
68. Savings
Clause Stating that the Law supersedes the contract
69. Preservation
of Provisions guidelines for future creation of items not covered by merit
rules or in the contract
70. Fully
Bargained Provisions no modification unless agreed by both parties
71. Duration
of Agreement Coverage time frame
NOTE: Any article or item
that addresses pay may require legislative approval and/or budget funding.
State
Wide Labor Management Committee - 14 March 2003
Attended
By: J.R. Morris
State Wide Labor Management Committee
consisting of various State Agency Representatives, AFSCME and COAD approved
the 1st set of changes to the merit rules and forwarded them for
public hearing. The 2nd set was tabled pending the next meeting of
the committee however other subjects of importance were discussed such as:
1.
Who
are essential and non-essential employees were discussed in reference to snow
emergency procedures and terrorist attacks.
2.
Homeland
Security consisting of policies and plans of action concerning terrorist
threats or attacks including rumor control, fear factors, emergency and
evacuation plans and employee communications were discussed.
3.
Streamlining
State procedures or policies that make the State run more cost efficient.
4.
House
Bill 81 - discussed the area of binding arbitration and mediation.
Legislative
Committee -
19 March 2003
My fellow Officers;
It is my pleasure to
inform you of the latest developments in Legislative Hall on House Bill 81.
Many of you remembered this Bill's introduction last year and were aware of the
DCOA effort to kill the Bill in Committee. You were rightfully concerned and
contacted me regarding this bill. After consultation with our E-Board, we
decided to take a different approach. We decided to deal with this now,
rather than have to face it again later. The reason is that the rest of
this Bill IS in our favor. It further defines the binding arbitration
process for negotiations and grievances. As I informed you at the last general
meeting, I contacted Representative Bill Oberle, the sponsor of the
Bill, and informed him of our concerns.
At that time,
Representative Oberle readily agreed to either amend or re-write the bill so
as not to include Sergeants in the same bargaining unit as
Lieutenants, Staff Lieutenants, Captains, and Majors. He assured me that this
was a mistake when the Bill was written, and that it would be taken care
of.
I spoke briefly with
Representative Oberle in Legislative Hall on Tuesday as he was on his way to a
meeting about the Smoking Bill. He informed me that he had just signed off on
the Substitute Bill and that it would be introduced to the Labor
Committee, which it was on the following day. He said at that time
that he wanted me to tell all of you that he is "a man of his word, and
when I give my word I stand by it." I thanked him for that, and we agreed
to meet sometime in the near future to further get acquainted and discuss
issues that pertain to Correctional Officers.
I am very happy
to see that he is indeed a man of his word.
At this time, I would
also like to thank all of you for your support. It means a lot to have that
support when you are putting yourself "out there" on behalf of 1500+
people. The one thing I believe we must remember is that charting new ground
takes time. This is not, and never should be, personal. This is business, and
it affects the lives of those 1500+ people and their families. Please continue
to support your elected and appointed officials. They are working hard to
support you.
I believe that we have
made great strides in Legislative Hall, and I speak for the rest of my
Committee when I say that we look forward to representing you further. If you
have any questions or concerns, please call the office at (302) 734-8061 and
leave a message for me with our office assistant, Brandy. I check in with her
daily, and I will contact you to address your concern.
Kevin Rolph
Legislative Committee Chairman
Further
Strides Accomplished by our Legislative Committee this month includes the
following amendment to House Bill 42. This will provide a 25 year retirement if
it passes.
HOUSE OF REPRESENTATIVES
142nd GENERAL ASSEMBLY
HOUSE BILL NO. 42
AN ACT TO AMEND TITLE
29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES PENSION PLAN.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §
5501, Title 29, Delaware Code by adding a new definition "(j)" to
read as follows:
"(j) Law
enforcement officer means an officer employed by a State law
enforcement agency listed in § 1911 of Title 11, Delaware Code, or a
probation and parole officer employed by the Department of Correction.".
Section 2. Amend §
5522(a), Title 29, Delaware Code by striking the word
"or" at the end of paragraph (3), by striking the period at the end
of
paragraph (4) and inserting in lieu thereof "; or" and by adding a
new
paragraph "(5)" to read as follows:
"(5) The employee
has twenty-five years of credited service and is a law
enforcement officer.".
Section 3. Amend §
5522, Title 29, Delaware Code by adding a new
Subsection (e) to read as follows:
"(e) The amount of
the service pension payable to an employee who
becomes eligible to receive a service pension pursuant to Subparagraph
(5) of Subsection (a) of this Section shall not be reduced, regardless
of the age of the employee.".
SYNOPSIS
This Bill permits law
enforcement officers and probation and parole officers to retire after 25 years
of service without penalty.
Now, take a look at what the amendment would change it to.
HOUSE OF REPRESENTATIVES
142nd GENERAL ASSEMBLY
HOUSE AMENDMENT NO. 1
TO
HOUSE BILL NO. 42
AMEND House Bill No. 42
by striking lines 2 through 4 in their entirety and substituting in lieu thereof
the following:
"(j) 'Law
enforcement officer' means an officer employed by a State law
enforcement agency listed in §1911 of Title 11, Delaware Code, or an
officer employed by the Department of Corrections.".
SYNOPSIS
This Amendment defines
"law enforcement officer" to include an officer employed by the
Department of Corrections.
Now, take a
close look at what line j stated above. It makes the 25 year retirement
exclusive to just probation and parole. Now, take a close look at what the
amendment would change it too. It
says an officer employed by the Department of Corrections. Our union approached
House Speaker Terry Spence, who is a co-sponsor of this bill, with a request to
amend it. Speaker Spence readily agreed and the amendment above is the result.
"State of the Prisons
Address" - 20 March 2003 - Legislative Hall
Attended
by: Thomas Ridgley, Bill Wharton, David Knight, Kevin Rolph, Robert Heishman,
Frank
Steiner and Judy Steiner
Commissioner Stan Taylor, along with State
representatives and a number of various committee members held what the
Commissioner called the State of the Prisons Address. This consisted of a great
deal of information. This information pertained to the costs accrued in running
the Correction system. He quoted national as well as local numbers for example
out of the 2 million incarcerated nation wide Delaware is the tenth (per
capita) with 6,747 incarcerated. Delaware is first (per capita) in executions -
13 since 1992 and 13 are presently on Death Row. On a different note he
informed everyone that the Department of Correction is running 160 over post
construction capacity and this number is 1900 over the original post
construction design.
The Commissioner informed the Board that
the bids for construction of the "Female Treatment Center" had come
in under the pre-defined ceiling and so the construction will start in the near
future. This facility will provide 100 Level 4 female beds on the grounds of
Baylor Women's Correction Institution (BWCI).
COAD Interests were being advanced through the following political
fundraiser:
Fundraiser
Attended -
20 March 2003 - (D) Representative Dennis P. Williams - District 1
Attended
By: Thomas Ridgley, William Wharton, Kevin Rolph and David Knight
This fundraiser allowed us time to talk
with the legislators on a one on one basis. The issues that involve us the most
that were discussed were: retirement, pay/classification, hiring, recruiting,
retention and these were just to name a few. Some of the lawmakers that spent
extra time with us were:
1.
Representative
Dennis Williams (D) spoke to us at length for over an hour, and committed
himself to our cause. He wishes to speak with our Body at the General Meeting
at 18:30 on March 27th.
2.
Senate
Majority Leader Harris B. McDowell III (D) District 1 was very interested and
concerned with what we had to say and allowed us to bend his ear for nearly 45
minutes.
3.
Representative
Helene M. Keeley (D) District 3 who was present at the "State of the
Prisons Address" came up to us and spoke with us about many issues.
We
will follow up with these lawmakers over the next few days and weeks. We will
also contact many more that stopped by and introduced themselves to us.
Closing - To All our Fellow Employees, Family and Friends Presently Serving or are in Harms Way during the War in The Persian Gulf: Our Prayers and thoughts are with you. May you all be home soon, safe and know that we are proud of you all.
