Proposed Constitutional Amendment

The following proposed amendment to Article VII(C)(1) of the PEF Constitution will be presented for ratification to delegates at the 2025 PEF Convention. The amendment was approved by the PEF Executive Board at its December 5 and 6, 2024, meeting for presentation to the delegates.  The proposal would amend Article VII(C)(1) of the PEF Constitution to deem the New York State Office of Information Technology Services as a separate Department for the purposes of representation under Article VII.

 (Underlined text would be added and text in brackets would be deleted):

Article VII Executive Board

C. Composition:
The Executive Board shall be composed of the Officers, Board Representatives, and a Retiree Representative appointed by the President; provided, however, that no Retiree Representative shall be entitled to vote on the PEF budget or on matters affecting the terms and conditions of employment of Regular members, including but not limited to contract negotiations, contract ratification and contract enforcement.

    1. Executive Board Representatives shall be Departmental representatives. For the Founding Convention, all Board Members shall be apportioned on a Departmental basis. This and all subsequent apportionments shall allow, regardless of membership size, a minimum of one representative to each Department, as defined in the New York State Legislative Manual. For the purposes of representation under Article VII, all agencies within the Executive Department with 300 or more PEF members shall each be deemed a single Department, all New York State Public Authorities shall be deemed to be a single Department; all New York State Public Benefit Corporations shall be deemed to be a single Department; all Political Subdivisions of New York State shall be deemed to be a single Department; all not-for-profit/charitable organizations shall be deemed a single Department; and all other private sector employers shall be deemed a single Department. The State Education Department, the State University of New York, the New York State Higher Education Services Corporation and the New York State Insurance Fund, [and] the New York State Workers’ Compensation Board, and the New York State Office of Information Technology Services shall be deemed separate Departments for the purposes of representation under Article VII. The New York State Foundation for Science, Technology and Innovation shall be deemed part of the Department of Economic Development for the purpose of determining Executive Board representation according to this Article.