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BOT Meeting June 9, 2015 – Pt II

A Just Result

Thanks to Promotion and Tenure Committee Chair, Dr. Patricia Halcrow, P & T Secretary, Professor Connie Egelman, and all of the members of the committee for their tenacious and unwavering persistence on behalf of one of our members whom they had recommended for reclassification but whom Acting President Saunders had failed to recommend to the Board of Trustees.

How did this result happen?

  • The P & T Chair and Secretary were called to meet with Dr. Saunders to describe the process and outline their decision making regarding this applicant. (They were refused Union representation at this meeting by Dr. Saunders)
  • The issue was discussed on several occasions during monthly meetings between the NCCFT Executive Committee and the Administration in an effort to resolve the situation.
  • The P&T Committee wrote a letter to the BOT expressing their concerns over Acting President Saunders’ refusal to forward one of their recommendations to the BOT.
  • The BOT requested additional information.
  • An outstanding letter to the Board of Trustees outlined both the process and the rationale for recommending the reclassification.
  • Almost all of the members of the Promotion and Tenure Committee were present at last night’s Board meeting.
  • The Chair of the P & T Committee met with eight members of the Board and several administrators in Executive session.
  • The Board finally announced their unanimous decision to approve the P&T Committee’s recommendation. (The new student trustee abstained since she had not been a part of the discussion)

Once again, thank you to the P&T Committee members for their Union support and solidarity as well as the time and effort necessary to effectuate a just result.

This was a monumental and extraordinarily important decision not just for the faculty member but for our entire promotion process.

In solidarity

The NCCFT Executive Committee

NYSUT – Benefits that matter to you!

NYSUT May-June 2015

We Will Prevail

The Faculty at Nassau Community College are remarkable in their professionalism, knowledge, commitment and spirit. This semester has been marked with countless achievements, awards, promotions, resolutions, debates and successes in and out of the classroom.

There are many changes in the composition of the many committees that comprise the shared governance structure on campus including the Academic Senate Executive Committee, Senate Committees, NCCFT Committees, Chairs Committee, Faculty Student Association and more. We want to thank everyone who has served with distinction and honor this year, especially considering the dysfunction on campus and welcome the new and continuing members.

It would seem unfathomable that the College is wrapping up the Spring semester in such chaos. Yet, the “new normal” places the faculty, administration and board of trustees in an adversarial position. We have heard discussions in various Union meetings, Senate meetings, Chairs meetings, Administrative meetings, Board of Trustees meetings, Department meetings, Area meetings and hallway meetings. Every side believes they are correct, every side claims they are willing to cooperate, compromise and communicate.

Yet, we end the semester with unresolved Senate issues such as the Planning Committee resolution, the Curriculum resolution, the Developmental Education resolution, the Class-size resolution and emergency days.  However, most of these issues were resolved through our very successful Shared Governance Process but vetoed by our Acting President!

Furthermore, we have unresolved NCCFT issues such as retirements, replacements of full-time faculty and the catastrophic interference by our Acting President with the recommendations of the P&T committee.

And then, there is the issue of NO decision on who will be the next College President.

The current state of affairs cannot and will not be the “new normal” if the NCCFT membership continues to work together within the shared governance structure!

We have witnessed your commitment to those values that have made this Union strong allowing us to achieve a contract that has given each of you the ability to realize your dreams while maintaining the quality education and national reputation that our students expect from the “Jewel of Nassau County”.   The Executive Committee thanks you and asks that you continue your support for the initiatives that will be forthcoming. We will prevail.

In solidarity

The NCCFT Executive Committee

Endorsed Local School Board Candidates

2015 Local Endorsements in Nassau School Board Elections

District Union Endorsed Candidate

Incumbent (Y/N)

Contested Race (Y/N)

Massapequa Maryanne Fisher



Massapequa Joe LaBella



Levittown Kevin Regan



Levittown Marianne Adrian



West Hempstead Caitlin Close



West Hempstead Patricia Greaves (NYSUT member)



West Hempstead Adrianne Shinsato



Freeport Ernest Kight, Jr.



Lynbrook Leslie Dininno (NYSUT member)



Lynbrook Dave Yaker (NYSUT member)



Lynbrook Renee Gaughran



Westbury John Simkins



Westbury Dr. Pless Dickerson



Uniondale Emerson Mott



Uniondale James Sharpe



Syosset Bill Weiner



Syosset Dale Predmore



Syosset Chris DiFilippo




2015 NYSUT Suffolk Locals Endorsed Candidates


Amityville: Juan Leon, Jeannette Santos

Babylon: 1A – Tricia Pané (NYSUT member), 2A – Ann Donaldson (NYSUT member/ Incumbent)

Bayport-Blue Point: Christopher Richardt (HS Principal) Challenging BOE President.  Tight Race. Gina Murphy (NYSUT Member)

Central Islip: Fred Philips (incumbent), Bill Softy (incumbent), Both of these candidates are in a tight race.

 Commack: Jarrett Behar

Connetquot: Craig Amarando (NYSUT member-West Babylon Teacher), Nick Ferraioli  (NYSUT member-Brentwood Teacher)

Deer Park: Donna Marie Elliott (incumbent), Robert Marino (incumbent), Kristine Rosales (incumbent)

East Moriches: Local has not endorsed candidates, but wanted the following shared with other locals – EMTA has not endorsed, but is sponsoring a community Meet the Candidate Night on May 13th @ 7pm, Elementary School, two seats are open.

Bill Hempfling – NYSUT Member, Joann Lapinski- Incumbent, Lisa Pesce- NYSUT Member

Islip: Brian Clock, Maryann Coughlin, Tom Leggio

 Kings Park: Diane Nally (incumbent), Kevin Johnston (NYSUT member)

Also: Vote YES proposition 1 (Budget), Vote YES proposition 2 (Bus Purchases), Vote YES proposition 3 (Capital Reserve – H.S. Roof)

Harborfields: Chris Kelly, Suzie Lustig, Don Mastroianni

 Lindenhurst: Todd Lemieux, Tory Vine

Middle Country: Arlene Barresi (incumbent), Karen Lessler (NYSUT member/incumbent), James Macomber (incumbent)

Northport: David Badanes (incumbent), David Stein , Tammie Topel (former BOE trustee)

 Patchogue-Medford: Bunnie Schiller

 Also – Vote Yes on Prop 1 (Budget), Vote Yes on Prop 2 (Captial Reserve Fund

Vote No on Prop 3 (Transportation mileage increase for private school students)

Rocky Point: Ed Casswell, Scott Reh (incumbent)

 Smithtown: Chris Alcure, Jeremy Thode

South Country (Bellport): Lisa DiSanto, Regina Hunt, Chris Picini

 Three Village: William Connors (incumbent/NYSUT Member- Suffolk Community College), Deanna Bavlnka (incumbent)

Westhampton Beach: Steve Wisnoski – NYSUT retiree/Former Teacher Presidents.  He is in a tight race.

NYSUT’s 43rd Representative Assembly

NCCFT Update – 5/1/2015

This weekend, elected delegates from the NCCFT attended the 43rd NYSUT Representative Assembly in Buffalo, NY. This Assembly includes K-20 teachers and school related professionals from across New York State.  In addition, representatives from our national affiliates, the American Federation of Teachers (AFT) and the National Education Association (NEA), were also in attendance so that educators across the nation could share a common narrative, “Be the Union”.

The Assembly

  • held a rally in support of the Buffalo Teachers Federation who has been without a contract for 10 years
  • witnessed NYSUT confer Constituency Awards wherein Steve London, VP of CUNYs Professional Staff Congress, won HigherEd member of the year (of course, you recall Frank Frisenda won this award in 2012)
  • held caucus meetings for all the various constituency groups – HigherEd, K-12, SRPs, political action, social justice, LGBTQ, health and safety and many more

We focused on HigherEd which includes the SUNY, CUNY, Community Colleges and private colleges of NYSUT. The concerns are the same in every corner of the State:  inadequate funding, inadequate staffing, privatization efforts and the attacks on tenure and governance.

While there are a variety of court cases that directly attack tenure making their way through the justice system, our own Governor, State Assembly and Senate have dealt a deadly blow to the K-12 constituency by tying test scores to teacher evaluations via the APPR.  NYSUT is presently gathering data on the number of parents that have participated in the Opt-Out campaign.  This campaign encourages parents to have their children not participate in the reading and math tests.  In addition, the State has increased the K-12 probationary period to four years from three for tenure.

Some of the resolutions brought forward for HigherEd include

  •  NY University to reform taxation of Graduate Tuition Remission which would allow the cost of Graduate     school to be tax-deductible for its employees
  •  a resolution supporting the United University Professionals Action Plan for the success of SUNY
  •  a resolution encouraging HigherEd faculty across the SUNY system to NOT adopt Pearson Textbooks. This is the company that has the $32 million contract with NYS to design and implement the unacceptable Common Core testing along with a gag-order on teachers. Please consider this resolution as you consider adopting your course texts.

Finally, Karen Magee, President of NYSUT, encourages us all “To Be the UNION”.  We are organizing from K-20 and have beat back the “Hunger Games” policy the Governor has tried to impose upon us through  Performance Based Funding.  The Opt-Out movement is growing, Downstate Medical has been saved, NYSUT’s legal department is defending tenure and due process, challenging the tax-cap, Pearson Publishing and the Governor’s unacceptable attacks on teachers and public education.  Of course, this takes, both, member boots on the ground and money. VOTE-COPE is the only financial tool at our disposal to fight back. So please, fill out your VC forms with a contribution of 1/10 of 1 percent of your annual salary and return them to the NCCFT office.

We must organize more than ever. The new leadership at NYSUT promises “we will NOT back down” and declares that all NYSUT members must standup, be engaged, be counted and “Be the Union”.  We, the Executive Committee of the NCCFT, are committed to this end and ask that you join one of our many NCCFT committees, Be the Union and, together, we can make a difference.

NCCFT End-of-Semester Luncheon 2015

End of Semester Luncheon 2015

Board of Trustees Meeting – April 14, 2015

Foundation FOIL

Supreme Court of the State of New York
Appellate Division: Second Judicial Department


AD3d                                                                                                                               Argued -February 2, 2015


2013-05280                                                                                                                             DECISION & ORDER

In the Matter of Nassau Community College Federation
of Teachers, Local 3150, et al., petitioners-appellants,
v Nassau Community College, et al., respondents,
Nassau County Community College Foundation,

(Index No. 8550/12)

Richard E. Casagrande,  New York,  N.Y.   (Sherry B. Bokser of counsel),  for

Bracken Margolin Besunder LLP, Islandia, N.Y. (Harvey B. Besunder and Mark
Keurian of counsel), for respondent-respondent.

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination by
Nassau County Community College Foundation dated March 8, 2012, which denied the petitioners’
request pursuant to the Freedom of Information Law (Public Officers Law art 6), the petitioners
appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Feinman, J.),
dated February 25, 2013, which granted the motion of Nassau County Community College
Foundation to dismiss the petition insofar as asserted against it and, in effect, dismissed the
proceeding insofar as asserted against Nassau County Community College Foundation.

ORDERED that the order and judgment is reversed, on the law, without costs or
disbursements, the motion of Nassau CountyCommunityCollege Foundation to dismiss the petition
insofar as asserted against it is denied, and the petition is reinstated insofar as asserted against
Nassau County Community College Foundation.

The respondent Nassau Community College (hereinafter the College) is a public
college, chartered under Education Law article 126, which is sponsored and partially funded by

April 8, 2015                                                                                                                                                      Page 1.

Nassau County, and governed by a Board of Trustees. The respondent Nassau County Community
College Foundation (hereinafter the Foundation) is a not-for-profit corporation created in 1979 to
support the College’s mission.

On March 5, 2012, the petitioners sent a request pursuant to the Freedom of
Information Law (Public Officers Law art 6; hereinafter FOIL) to the Foundation, seeking the
production of certain documents. On March 8, 2012, the Foundation responded to those requests
by stating that the Foundation is not a governmental agency and, therefore, is not subject to FOIL.
After making another request and receiving another denial, the petitioners commenced this
proceeding pursuant to CPLR article 78 seeking, inter alia, to review the Foundation’s determination
that it was not a public agency subject to FOIL. The Foundation moved pursuant to CPLR 7804(f)
and, in effect, CPLR 3211(a)(1) to dismiss the petition insofar as asserted against it. The Supreme
Court granted the Foundation’s motion and, in effect, dismissed the proceeding insofar as asserted
against the Foundation. The petitioners appeal.

FOIL “was enacted ‘to promote open government and public accountability’ and
‘imposes a broad duty on government to make its records available to the public’” (Matter of Cook
v Nassau County Police Dept., 110 AD3d 718, 719, quoting Matter of Gould v New York City Police
Dept., 89 NY2d 267, 274). All “public agencies” are subject to FOIL (Matter of Perez v City Univ.
of N.Y., 5 NY3d 522, 528). An “agency” is “any state or municipal department, board, bureau,
division, commission, committee, public authority, public corporation, council, office or other
governmental entity performing a governmental or proprietary function for the state or any one or
more municipalities thereof, except the judiciary or the state legislature” (Public Officers Law §
86[3]; see Matter of Perez v City Univ. of N.Y., 5 NY3d at 529).

On the Foundation’s motion pursuant to CPLR 7804(f) and, in effect, CPLR
3211(a)(1) to dismiss the petition insofar as asserted against it, the Foundation had the burden to
provide documentary evidence that “utterly refute[d] [the petitioner’s] factual allegations,
conclusively establishing a defense as a matter of law” (Goshen v Mutual Life Ins. Co. of N.Y., 98
NY2d 314, 326; see Matter of Oliner v Sovereign Bank,123 AD3d 1041; Matter of Oddone v Suffolk
County Police Dept., 96 AD3d 758, 760; Mendelovitz v Cohen, 37 AD3d 670; CPLR 3211[a][1]).
The Foundation failed to do so, as it failed to establish that it lacks the attributes of a public entity
(see Matter of Perez v City Univ. of N.Y., 5 NY3d at 528; Matter of Buffalo News v Buffalo Enter.
Dev. Corp., 84 NY2d 488; Lugo v Scenic Hudson, 258 AD2d 626; Matter of Runmore v Board of
Educ. of City Sch. Dist. of Buffalo, 35 AD3d 1178, 1180).

Accordingly, the Supreme Court should have denied the Foundation’s motion
pursuant to 7804(f) and, in effect, CPLR 3211(a)(1) to dismiss the petition insofar as asserted against



Aprilanne Agostino
Clerk of the Court

April 8, 2015                                                                                                                                                       Page 2.


Agreement to Provide Health Insurance Coverage to Participants in Special Retirement Incentive Plan 2015