mises integrity of positions “We all agreed there is not much


similarity between the two job titles in the tasks we complete, unlike what Albany has indicated,” Smith said. “Facility parole officers studied at an academy, unlike counselors. “It is evident counselors and former


facility parole officers have a different viewpoint on the way they do things. One issue is the ORCs comfort level in preparing the inmate status reports for parole board reviews. “Since we have been working in the


ORC title, we realize there is no duplication in the type of work between the two job titles, as civil service has indicated. Some of the inmates even see there is a conflict in the titles and have questioned why counselors are doing their parole reports. This merger has not been successful on a facility level,” Smith said. Other PEF members who work at


Marcy CF who are affected by the title merger said, “This has not been successful. There is a lack of consistency in the way things are being handled at the DOCCS facilities. The title merger compromises the credibility of both professions.” One ORC, who requested anonymity,


said there is a definite conflict doing both jobs. “The primary issue is there are


differences in the two positions. If an inmate tells me something as a counselor


Alerting lawmakers Kent testified about the drawbacks of


the ORC title at a state hearing in Albany in December. She also addressed the use of COMPAS, the risk-assessment tool used at DOCCS. “It is impossible to substitute a


computer-based program with the insight into human nature that a trained parole officer possesses,” she said. Kent cited several examples of how


FOR COMMUNITY SAFETY – PEF President SusanM.Kent tells lawmakers about the union’s concern with issues raised by parole officers at a December hearing in Albany.Seated next to her is PEF Division 236 Council Leader and parole officer John Walters.


—Photo by Deborah A.Miles


in confidence, now I am required to report it to the Parole Board. I break a trust with the inmate that weakens the rehabilitation process and the ability to advocate for a parolee. “It is a flawed system designed to save


money, but in reality it is not. Recidivism will increase. Each of us is doing our best, despite the fact our workloads have doubled. The smart thing to do is keep the jobs separate.”


COMPAS fails to correctly assess individuals, as well as the consequences. For example, certain inmates with a record of violent behavior are returned to the community with little supervision and commit crimes, while others who deserve to be released are kept in prison. “There could not be a more important


discussion than the one we are having here,” Kent said. “This is not an issue of economic savings. The title merger and the COMPAS issue both affect the health and welfare of our communities, our families and our children.” PEF filed a lawsuit challenging the


problematic consolidation of the titles in October. The lawsuit was argued in Albany Supreme Court in late February, and the decision is expected between one to six months. The union is also working with DOCCS


to resolve these issues, and is sending a survey to the ORCs who were unable to attend the January meeting.


Union continues to push challenge to flu vaccination/mask regulation


By SHERRY HALBROOK PEF continues to move


forward with the lawsuit it filed November 26 in state Supreme Court, Albany County,


challenging a state Health Department (DOH) regulation


requiring persons working in areas where patients may be present to wear surgical masks during flu season, if they have not been vaccinated against the flu. PEF, on behalf of affected health care


workers it represents statewide, is asking the court to nullify the regulation. The state has filed a lengthy answer to


PEF’s petition, PEF has replied to that answer, and now state Supreme Court Acting Judge Judith A. Hard has set March 4 as the date to hear oral arguments from both sides in the case.


www.pef.org In a previous case, PEF won a


restraining order when the union challenged an emergency DOH regulation mandating flu vaccinations for nurses and other health care workers. PEF is challenging the current regulation


on the basis DOH again is, in effect, mandating affected workers be vaccinated because the alternative mask requirement is irrational, unduly burdensome and unproven in preventing the spread of flu from an asymptomatic health care worker to a patient. Also, among other points, PEF contends: • Wearing a mask does not prevent the


spread of influenza between asymptomatic health care workers and their patients; • Masks can actually increase the


possibility of contamination; and • Masks can have a negative effect on patient care by making it difficult to


communicate with patients who may be fearful of the mask or who may believe the mask means that either they or their health care provider may have a communicable disease. In addition to the lawsuit, PEF also has


filed improper practice (IP) charges, which the state Public Employment Relations Board has issued. So far, these charges are against the


state University of New York Upstate Medical Center, the state Office of Mental Health, the state Health Department (regarding its field staff), and the state Office of Alcoholism and Substance Abuse Services for failing to negotiate with PEF how to implement the flu mask regulation as it would change the terms and conditions of employment for affected PEF members. Further IPs may be forthcoming.


The Communicator March 2014—Page 13


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