Proposed amendments to CSEA’s Constitution and By-Laws Continued from Page 12 meeting years by deciding how many attendees they will send to the meeting. And Locals that cannot afford to send any delegates can seek assistance from CSEA, as has been the practice for many years. FOR THE PURPOSE OF PLACING THIS AMENDMENT BEFORE THE DELEGATES, ON BEHALF OF THE COMMITTEE, I MOVE THE ADOPTION OF THIS AMENDMENT. THE COMMITTEE RECOMMENDS A “YES” VOTE. * * * THE FOLLOWING ITEM IS PRESENTED TO THE DELEGATES BY THE COMMITTEE AS A PROPOSED AMENDMENT TO THE BY-LAWS. IF PASSED AT THIS MEETING, THIS AMENDMENT WILL BECOME EFFECTIVE IMMEDIATELY. Proposal 3 The following By-Laws proposal was submitted by Statewide Executive Vice President Mary E. Sullivan and Capital Region President Kathy Garrison: ARTICLE V – Judicial Board Sections 1-5: Text Remains the Same. Section 6. Reinstatement of Membership Any person who has been expelled from membership may request reinstatement of membership by submitting a written request to the Judicial Board. The request must include documentation of support from appropriate persons who can attest to the conduct of the individual since the expulsion and positive recommendations in support of the request. The request for reinstatement cannot be made sooner than 5 years from the date the penalty for expulsion was imposed. (a) The Judicial Board shall solicit a formal response regarding the individual’s application for reinstatement from the Statewide President, Region President, Region Director, Local/Unit President and from anyone that the Board deems appropriate regarding the request. If the Board determines that a hearing is necessary to make a determination, the hearing will be scheduled within 60 days of the request for reinstatement. (b) The person requesting reinstatement of membership should be prepared to provide the Judicial Board with information relevant to the request and must have satisfied any additional penalties that the Judicial Board may have imposed. (c) The Judicial Board shall issue a recommendation to the Board of Directors. The recommendation shall be made by majority vote of at least five (5) voting members present. (d) The Chair of the Judicial Board shall present the recommendation to the Board of Directors at its next scheduled meeting. The Board of Directors shall vote on the recommendation at the meeting at which it is presented. The person requesting reinstatement shall be notified of the Board of Directors’ decision by the Statewide President. (e) The decision of the Board of Directors shall be final. EXPLANATION: This proposal was submitted with the following justification: “To be expelled from membership is the most severe penalty that our Judicial Board can impose on a member once they have sustained a charge in violation of our Constitution and By-Laws. Under our current By-Laws, the opportunity to appeal is open for only 15 days after the decision is received. The proposed addition to Article V would create a process for an expelled member to ask for reinstatement. The requirement that the request cannot be made until 5 years is intended to limit requests to those former members who remain committed to CSEA membership after such a lengthy period of time. The 5 year marker would also deter a former member from making hasty decisions regarding their status. The proposal does not guarantee a change in membership status or even a hearing, just an opportunity to officially request reinstatement of membership status. Requiring the Board of Directors to approve recommendations made for reinstatement indicates the serious nature of the original JB findings and penalty and signifies the commitment CSEA has to protect its members’ interests and assets.” The Committee supports this proposal based on the reasoning set forth in the explanation of the proposers. FOR THE PURPOSE OF PLACING THIS AMENDMENT BEFORE THE DELEGATES, ON BEHALF OF THE COMMITTEE, I MOVE THE ADOPTION OF THIS AMENDMENT. THE COMMITTEE RECOMMENDS A “YES” VOTE. * * * THE FOLLOWING ITEMS ARE BEING PRESENTED TO THE DELEGATES BY THE COMMITTEE AS PROPOSED AMENDMENTS TO THE STATEWIDE CONSTITUTION. THIS CONSTITUTES A SECOND READING OF THESE AMENDMENTS. THEREFORE, IF PASSED AT THIS MEETING, THESE AMENDMENTS WILL BECOME EFFECTIVE IMMEDIATELY. Proposal 4 The following Constitution proposal was submitted by Statewide Executive Vice President Mary E. Sullivan: ARTICLE III – Membership Section 1. MEMBERS. (a) Persons who are employed in the Civil Service of the State of New York or any political subdivision thereof or any public authority, public benefit corporation or similar autonomous public agency in a bargaining unit for which the Association has been recognized or certified as the collective bargaining agent pursuant to law shall be eligible for membership. (b) The President, subject to the approval of the Board of Directors, may issue Local charters or authorize the enlargement of the jurisdiction of existing local charters to include other appropriate groups of workers not specifically enumerated in this Article, whose employment while not in the public sector is of such a type and nature that it is the same or similar to work traditionally performed by public sector workers. Workers within such jurisdictions shall be eligible for the types of membership defined in this Article. (c) Any person who is elected to serve on a full-time salaried basis in an international office in any CSEA affiliated international union, who at the time of his/her election was a member in good standing of the Association, shall maintain his/her membership in the Association, while serving in said office, upon continued payment of membership dues to the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO. Said person shall not be eligible to serve any CSEA elected or appointed office during this time. REST OF ARTICLE REMAINS THE SAME. EXPLANATION: This proposal creates a new category of membership in the Constitution by permitting a current member, who is elected to international office on a full-time salaried basis, to maintain membership as long as membership dues continue to be paid. This proposal was submitted with an explanation that was based on facts which existed at the time the proposal was made. However, although the AFSCME election is over, the underlying rationale for the proposal remains relevant. It would be an honor for CSEA to have one of its members rise to high office in one of our International affiliates. And it would be a disservice to CSEA and the affected member if CSEA membership could not be continued solely because such higher office is achieved. However, under the current constitutional language, one who attains higher affiliate office outside CSEA does not necessarily remain a CSEA member. We are persuaded that any member who may in the future ascend to a full-time salaried international office in a CSEA-affiliated organization should be able to continue membership in CSEA. FOR THE PURPOSE OF PLACING THIS AMENDMENT BEFORE THE DELEGATES, ON BEHALF OF THE COMMITTEE, I MOVE THE ADOPTION OF THIS AMENDMENT. THE COMMITTEE RECOMMENDS A “YES” VOTE. Proposal 5 The following Constitution proposal was submitted as housekeeping by the Constitution and By-Laws Committee: ARTICLE Vl - State Division Section 1. STATE EXECUTIVE COMMITTEE. The power and authority to transact business Continued on Page 16 October 2013 The Work Force 15
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