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      C O B A M A G A Z I N E J U LY 2 0 1 0 I S S U E

               COBA TAKES
                                                                                                                                              COBA EXECUTIVE BOARD

             CARE OF ITS OWN!                                                                                                                 NORMAN SEABROOK
               shop on-line at the COBA store                                                                                                 President

                                                                                                                                              ELIAS HUSAMUDEEN
                                                                                                                                              1st Vice President

                                                                                                                                              JOSEPH BRACCO
                                                                                                                                              2nd Vice President

                                                                                                                                              ELIZABETH CASTRO
                                                                                                                                              3rd Vice President
                                                                                                                                              THOMAS FARRELL
                                                                                                                                              Legislative Chairman

                                                                                                                                              KAREN BELFIELD
                                                                                                                                              Recording Secretary

                                                                                                                                              STEVE ROBINSON
                                                                                                                                              Financial Secretary

                                                                                                                                              MICHAEL MAIELLO
      In this Issue | July 2010                                                   COBA MAGAZINE
      • President’s Message                          p.3    • COBA Heritage Feast                      p.14
      • COBA In the News                             p.4    • Puerto Rican Day Parade                  p.14                                   WILLIAM VALENTIN
      • COBA Attorney Wins Acquittal on Behalf of CO p.9    • What to Expect When you Appear at OATH   p.15                                   Corresponding Secretary
      • Advertise With COBA                          p.10                                                                           
      • Fire Arm Privileges & Good Guy Letters       p.11
      • Deblasio Case & Longevity Earnings           p.13
      • Hero COS                                     p.13
                                                                                                                                              BENNY BOSCIO
      COBA GENERAL INFORMATION                                                                                                                Sergeant-At-Arms
      75 Broad Street | Suite 810 | New York, NY 10004-2415                                                                         
      T. 212.274.8000 | F. 212.274.8255 | E.

P|2               COBA THE CIT Y OF NE W YORK                                                     PAT R O L L I N G T H E T O U G H E S T P R E C I N C T S I N N E W Y O R K
                                                                                                    J U LY 2 0 1 0 I S S U E C O B A M A G A Z I N E

                                             Message from the President

                                             YOU CAN’T PUT A PRICE
                                             TAG ON PUBLIC SAFETY!
                                             Dear Brother/Sister Officer:                      companies in New York City have failed, it
                                                                                               doesn’t become the responsibility of the
                                             I wanted to take this opportunity to              municipal worker to bail them out. We’re
                                             address a number of critical issues that          not partners with A.I.G., we’re not partners
Pictured above:
                                             affect you and your family, as well as, all of    with Chrysler, we’re not partners with Ford,
President Seabrook addresses                 us within the labor community.                    and we are not partners with Wall Street
thousands of union members at                                                                  investment banks.
the Save Our City Union Rally                Recently, I attended a union rally hosted by
hosted by the Municipal Labor                the Municipal Labor Committee to address          And if the threat of layoffs and contract
Committee on June 16, 2010.                  City Hall’s proposed threats of budget cuts       freezes weren’t enough, the
                                             and the call for further sacrifices from the      administration seems to be using the
                                             municipal workers of this city.                   current economic uncertainty to circulate
“If the threat of layoffs                                                                      misleading information about the
and contract freezes                         I firmly believe that there are                   pension programs and health insurance
weren’t enough, the                          inconsistencies between the messages              for municipal workers.
                                             coming out of Albany and City Hall.
administration seems                                                                           Many critics have attacked municipal
to be using the current                      On the one hand, I see many politicians           unions for not sacrificing more of their
economic uncertainty                         who campaign for office pledging to create        members’ benefits and bearing more of the
to circulate misleading                      jobs and to make this city and state more         economic burdens that lay ahead.
information about the                        affordable for the middle class. Yet, on the      However, these critics ignore the fact that
                                             other hand, I hear politicians on both sides      municipal workers, like all residents, face
pension programs and                         of the aisle seeking to solve our city’s fiscal   higher taxes, increased transit fares, (which
health insurance for                         problems on the backs of those who can            as you know, I vigorously opposed as a
municipal workers.”                          least afford it.                                  Commissioner of the MTA), higher
                                                                                               tuitions- and reduced public services. In
                                             During the last mayoral campaign, the             the face of budget cuts, we're working
                                             Mayor vowed to create 400,000 new jobs            harder with less, to maintain the quality of
   “At the same time,                        as part of his five-borough economic plan.        life that every New Yorker enjoys.
     we have to hold                         So my question becomes, which is it?
more than just those                         Is it 400,000 new jobs for Wall Street or is      A truly shared sacrifice should start with
                                             it creating new jobs for the municipal            those most able to contribute. However,
          currently in                       workers on Main Street who keep this city         municipal workers neither caused the
         government                          running twenty-four hours a day, seven            economic crisis, nor did they profit from it.
accountable for their                        days a week?                                      From 2003 to 2007, when non-financial
                                                                                               private-sector wage growth was around
         actions. This                       I cannot close my eyes at night and sell out      20%, average municipal salaries increased
 Department cannot                           the municipal workers of this city, knowing       by roughly 15%, reflecting the local
            afford any                       full well that layoffs are not necessary to       inflation rate of 14.7%.
                                             balance the city’s budget. I can't do that. I
      additional cuts                        didn’t do it before and I won’t start doing it    As City Hall addresses its expected budget
         whatsoever,                         now. We absolutely cannot afford to lose          deficits, administration officials are now
     whether in shift                        thousands of municipal workers in this            calling for the creation of a fifth pension
        reductions or                        city and we cannot be held hostage at the         tier with reduced benefits for new
                                             same time.                                        employees. While the administration
anything else, which                                                                           claims this would save $200 million in the
  may jeopardize the                         I believe that everyone in the city and state     first year, the city's Independent Budget
 safety of Correction                        has to chip in to help the city get through the   Office estimates the savings at only $35
                                             fiscal crisis, but union workers are not the      million. Despite the tendency of critics to
             Officers.”                      stimulus package to bail out New York City.       inflate pension numbers, in reality the
                                             Let me elaborate further. Because A.I.G.          average annual pension payout by NYCERS
                                             failed, because all of these other                is approximately $24,437. In some sense,
                                                                                                                     C O N T I N U E D O N PA G E 5

PAT R O L L I N G T H E T O U G H E S T P R E C I N C T S I N N E W Y O R K                      COBA THE CIT Y OF NE W YORK                           P|3
      COBA in the news

                                                                                                            J U LY 2 0 1 0 I S S U E C O B A M A G A Z I N E

pensions are a form of deferred                             and were offered literally nothing in            granted and who punish working
wages. Correction Officers, like other                      return. This is totally unacceptable.            men and women during these
municipal employees, contribute                             And we simply cannot afford to allow             challenging times. We will not
part of their salaries to fund their                        that to happen ever again! Wall                  sacrifice the benefits and wages our
pensions, in some years exceeding                           Street's mismanagement is a                      members have gained and which
the amount put in by the city.                              disgrace. But to use it as an excuse to          have literally taken us years and years
NYCERS members contribute on                                punish those of us who have been                 to achieve. We will not be exploited,
average $328 million per year. When                         New York's backbone; patrolling the              nor used as a public bargaining chip-
stocks rise, the city contributes even                      toughest precincts in New York, the              --especially when that bargaining is
less - the city cost for NYCERS                             City jails, fighting crime, battling fires,      in bad faith. The bottom line is we
averaged less than 2% of payroll                            caring for the sick, teaching our kids,          have never gotten what we deserve
from1999 to 2004. Obviously, the                            maintaining the parks, handling the              we have only gained what we have
continuing turmoil caused by Wall                           city's refuse and doing so much other            negotiated. In that spirit, rest
Street’s mismanagement has                                  critical work - would only hurt the              assured, the Executive Board and I
increased the city's cost. Pretending                       very taxpayers the city is supposedly            will continue to fight vigorously
that our health insurance plans are                         trying to help.                                  against any individual—be it those in
somehow lavish is another way to                                                                             elected office, or those seeking
mislead the public. A low-cost HMO                          At the same time, we have to hold                public office, who threaten the wages
is the basic benefit, with Correction                       more than just those currently in                and benefits that you and your family
Officers and municipal workers                              government accountable for their                 so desperately depend on.
facing many co-pays, deductibles                            actions. This Department cannot
and a restrictive panel of providers.                       afford any additional cuts                                   COBA RADIO
                                                            whatsoever, whether in shift
If employees want more expensive                            reductions or anything else, which               Holding public officials and agency
insurance, then they must pay more.                         may jeopardize the safety of                     heads is paramount to maintaining
The real problem is private                                 Correction Officers.                               our vitality as the second-largest
businesses that don't do their fair                                                                          law enforcement union in this city.
share, passing the health costs of                          Just recently, an article appeared in            That’s why we recently launched
their employees to the taxpayers. The                       the New York Post, which reported                Real Talk, Real Time, the COBA’s very
municipal unions have taken a                               that upon taking over as head of The             first radio show which airs every
significant initial step by offering                        Department of Correction,                        Friday at 11:00 AM on one of New
different ways to reduce the city's                         Commissioner Schriro lavishly spent              York’s most listened to radio
                                                            $18,000 for luxurious furniture to               stations, WWRL1600 AM. This
health care costs by approximately
                                                            refurbish her new office at the Bulova           hour-long program is designed to
$200 million in fiscal year 2010 -
                                                            Building. If the Department is so                highlight the issues that affect
through various changes in provider                         intent on cutting an agency that has             Correction Officers, our families and
networks, the use of funds reserved                         already been cut to the bone, then               the communities we live in. COBA
for future benefits and administrative                      maybe we need to re-evaluate where               radio provides an open forum
efficiencies that will reduce                               those cuts are coming from in the                where Correction Officers can
payments to certain providers.                              first place.                                     connect directly with candidates for
                                                                                                             public office, Commissioners of City
However the city continues to                               The melee that occurred at GRVC                  Agencies, labor leaders and other
respond to each new compromise                              back in March clearly demonstrates               individuals who play a pivotal role
from labor with yet a new                                   the crisis we’re facing with an                  in the City and State of New York.
outrageous demand. Essentially, they                        alarming increase in stabbings and               You can tune in online at
continue to move the goal posts                             assaults on staff. My point is this. If and listen to
further back to make it increasingly                        the Department wants to make                     our live stream broadcast.
unattainable to reach a deal that’s                         budget cuts, then sacrifices can start
fair to both sides. This is a clear                         at the top. I will not allow the safety          In closing, I’d like to wish each of you
example of negotiating in bad faith if                      and security of Correction Officers to           and your families a wonderful and
there ever was one. Public sector                           be threatened by bean counters who               safe summer. May God continue to
contracts are long-term                                     know little about what it takes to run           bless you.
commitments made in return for                              the nation’s largest and most
years of service by dedicated                               dangerous jail system. It is                     Sincerely,
employees who keep the city                                 imperative that Commissioner
running. But the question is how                            Schriro recognizes the fact that this
                                                            agency has already been cut to the
many more sacrifices are we
                                                            bone and we expect her to firmly                 Norman Seabrook
expected to make?
                                                            oppose any further cuts to this                  President
We don’t have to look any further
back than the 1990’s, when under                            And finally, I want to address those
then Mayor Rudy Giuliani, unions                            current elected officials both in New
were strong-armed into giving up                            York City and in Albany, who
$600 million worth of concessions                           continue to take labor unions for

PAT R O L L I N G T H E T O U G H E S T P R E C I N C T S I N N E W Y O R K                               COBA THE CIT Y OF NE W YORK                          P|5
                                       hosted by
WWRL1600 AM                    Seabrook
Every Friday     
11:00am-12 noon 

hosted by      Norman
               Seabrook           presented by
                                                                                                        J U LY 2 0 1 0 I S S U E C O B A M A G A Z I N E

            COBA TAKES TO THE                                                                            IN MEMORIAM
          NEW YORK’S BOLDEST!!!
               Launches Real Talk Real Time on
                  COBA Radio and COBA TV
                                                            families and the communities we live
                                                            in. As the show’s Executive Producer, I
                                                            encourage every CO to tune in on the
                                                                                                         Correction Officer
                                                            radio or online to hear about the
                                                                                                         Steven Moline
                                                            latest topics that impact you and your       GRVC
                                                            family. You can email me directly at
1st Vice President                                          In the months ahead we will also be                                     expanding our public relations
                                                            campaign by launching COBA TV.
To many New Yorkers, Correction
                                                            COBA TV will feature informative
Officers are out of sight and out of                        shows that will highlight the issues
mind. But not anymore! Recently,                            that everyone else is afraid to talk
COBA launched its very first talk radio                     about. The show will present "A Day
show, Real Talk, Real Time, which airs                      In The Life Of A Correction Officer",
every Friday from 11:00 am to 12:00                         "NYC Politicians and Correction
pm on one of New York City’s most                           Officers", "Public Safety And What It
listened to radio stations, WWRL                            Means to New Yorkers" and "Who               Correction Officer
1600AM. This hour-long program is                           Really Gives A Damn About City               Guerby Ormejuste
designed to bring to light the issues                       Workers?" just to name a few                 EMTC
that affect Correction Officers, our                        hard-hitting topics. Tune in!
                                                                                                         The COBA family is mourning the loss
                                                                                                         of two very popular Correction
VISIT COBA ON-LINE WWW.COBANYC.ORG                                                                       Officers who were tragically killed
                                                                                                         within the last month. Correction
                                                                                                         Officer Steven Moline, assigned to
                                                                                                         GRVC was killed in a sudden car
                                                                                                         accident, while visiting his family in
                                                                                                         North Carolina over the July 4th
                                                                                                         weekend. COBA 1st Vice President
                                                                                                         Elias Husamudeen and COBA 3rd Vice
                                                                                                         President Liz Castro led a contingent
                                                                                                         of Correction Officers and other
                                                                                                         members of the Department down to
                                                                                                         North Carolina to comfort the officer’s
                                                                                                         grieving family and return his body to
                                                                                                         New York. He was a member of the
                                                                                                         Department for 5 ½ years and just 32
                                                                                                         years old. Correction Officer Guerby
                                                                                                         Ormejuste, assigned to EMTC, was
                                                                                                         killed on June 23rd in part of a triple
                                                                                                         homicide that occurred in Elmont,
                                                                                                         Long Island. He had been a Correction
                                                                                                         Officer for only 3 ½ years and was just
                                                                                                         30 years old. They will forever be
                                                                                                         remembered as representing the very
                                                                                                         best of New York City’s Boldest.

PAT R O L L I N G T H E T O U G H E S T P R E C I N C T S I N N E W Y O R K                           COBA THE CIT Y OF NE W YORK                          P|7
                                                    What to Do if You
                                                    or a Family Member
                                                    Have Been Injured
                                                    in an Accident

                                                    Have you or a member of your family been injured at work, or in an
                                                    automobile, subway, or bus accident? Have you been injured due to medical
                                                    malpractice or negligence on the part of a hospital?

                                                    If you or a family member are injured in an accident and require immediate
                                                    legal representation, call the law firm of Koehler & Isaacs LLP at 917-551-1300
          61 BROADWAY                               and you will be put immediately in contact with attorneys working with the
            25TH FLOOR                              firm who will be ready to assist you, twenty-four hours a day, seven days a
        NEW YORK, NY 10006                          week. There is no charge to you unless you win your case or the case is settled
           (917) 551-1300                           by the firm.

                                                    The attorneys who will handle your case have a proven track record of
                                                    securing substantial monetary settlements and/or verdicts on behalf of
 WWW.KOEHLER-ISAACS.COM                             clients and their families. Below are just a few of some of their more recent
                                                    judgments and settlements:

                                                    • $14.5 million for the family of a Correction Officer killed in an auto accident.
                                                    • $10.5 million for a client who was left paralyzed from an accident.
                                                    • $8 million on behalf of the family of a client killed in an auto accident.
                                                    • $7 million in a medical malpractice case where the wife of a Correction Officer died after giving
                                                      birth to twins.
              *Attorney Advertising*
                                                    • $5.5 million for the family of a client who died in a motor vehicle accident.
Prior results do not guarantee a similar outcome.
                                                    • $4 million for an individual injured as a result of medical malpractice.
                                                    • $3.75 million on behalf of a client who was seriously injured.
                                                    • $3 million settlement with a structure worth in excess of $10,000,000 on
                                                      behalf of the family of a Correction Officer, who died as a result of a motor vehicle accident.
                                                                                                         J U LY 2 0 1 0 I S S U E C O B A M A G A Z I N E

                                                             days, a uniform allowance check
                                                             would not be issued until the time
                                                             off the payroll was made up in the
                                                             second half of the fiscal year
                                                             (Jan 1 – June 30).

                                                            • There is no such thing as a partial or
JOSEPH BRACCO                                                 pro-rated uniform allowance.
2nd Vice President
                                                                         Holiday Pay
                                                            Uniform employees are entitled to
The City of New York pays each
                                                            partial holiday checks. Each year we
uniform employee a Uniform                                  receive two holiday checks: the first
Allowance and a Holiday Check                               one is in January for 6 days and the          Uniform Holidays:
in accordance with existing                                 second one is in July for 5 days. A           New Year’s Day
standard procedures.                                        uniform employee is paid for each             Lincoln’s Birthday
                                                            holiday that he/she is on the                 President’s Day
The procedures are as follows:                              payroll. For example if you came off          Memorial Day
Uniform Allowance ($1,100)                                  the payroll on December 21, 2010,             Independence Day (4th of July)
• The member must be on the payroll                         you would receive a partial holiday           Labor Day
  for a full six (6) months during the                      check in January, 2011. You would             Election Day
  fiscal year. The fiscal year runs from                    not be entitled to holiday pay for            Columbus Day
  July 1 - June 30. If for any reason you                   Christmas Day or New Year’s Day               Thanksgiving Day
  are off the payroll during the first 6                    due to the fact that you were not on          Veteran’s Day
  months of the fiscal year                                                                               Christmas Day
                                                            the payroll for these holidays.
  (July 1 – Dec 31) for more than 5

                                                            However, Mr. Jackson was able to
                                                            demonstrate that it was an
                                                            accident prone location and
                                                            that there were no
                                                            aggravating circumstances
                                                            concerning the manner in
ELIZABETH CASTRO                                            which he was driving (no
3rd Vice President                                          speeding, reckless driving,                                         swerving, running stop lights or
                                                            signs, etc) At the end of the day,
Recently, COBA attorney Joey Jackson
                                                            the jury concluded that while the
successfully defended a Correction
                                                            officer may have been legally
Officer who was acquitted of
Vehicular Manslaughter this past                            intoxicated, a misdemeanor, he
February in Nassau County Court. The                        did not cause the accident and
CO was involved in a fatal car accident                     therefore was not responsible
on Uniondale Avenue on Long Island.                         for her death.
Upon being arrested, the Correction
Officer was charged with DWI &                              The Correction Officer is a seven-year
thereafter indicted for Vehicular                           veteran, assigned to OBCC. He was
Manslaughter. A 61 year old woman                           sentenced to three years probation
was killed as a result of the auto                          and had been facing seven years in
accident when their cars collided.                          prison if convicted.

PAT R O L L I N G T H E T O U G H E S T P R E C I N C T S I N N E W Y O R K                            COBA THE CIT Y OF NE W YORK                          P|9
         C O B A M A G A Z I N E J U LY 2 0 1 0 I S S U E

         with COBA TODAY!
                on-line or print...

                                                                                      SUPPORT THE
                                                            COBA WIDOWS’ & CHILDREN’S FUND TODAY!
                                                                                  Call 212.274.8000

            2010 COBA HOT DOG

                                                                                    Save the date
         Pictured above: The 2010 COBA Hot Dog Eating
                                                                         Rye Playland
         Contest winner, CO Chris Harris, assigned to EMTC.
         Chris ate 11 ½ hot dogs. He is a member of the DOC
                                                                          COBA Family Day
         Football team.                                                   September 18, 2010
P | 10              COBA THE CIT Y OF NE W YORK                          PAT R O L L I N G T H E T O U G H E S T P R E C I N C T S I N N E W Y O R K
                                                                                                        J U LY 2 0 1 0 I S S U E C O B A M A G A Z I N E

                                                            2. Confiscated or surrendered by a            divorce, custody case, postpartum,
                                                               member as a result of an arrest.          etc.) it is imperative to verify before
                                                            3. Confiscated or surrendered by              you retire that you have been
                                                               the member as a result of being           psychologically cleared by HMD to
                                                               placed on modified assignment.             carry a firearm. Being “Full Duty”
                                                            4. Any firearms discharge.                    does not necessarily mean that you
                                                            5. You become subject to a court             are fit to carry a firearm. To verify
THOMAS FARRELL                                                 issued Order of Protection.               your status you can call Ms. Watson at
Legislative Chairman
                                                                                                         HMD at 718-595-2542 Monday-Friday
                                                            It is imperative that any officer whose      from 0800-1600 hrs.
It has come to the COBA’s attention that                    case falls under any of the above
a number of Correction Officers have                        listed instances, obtain clearance           It is also important that you put in
had their good guy letter requests                          from the Firearms Review Board so            your request for a Letter of
denied because they failed to appear                        that you will be able to receive a           Endorsement (“good guy letter”)
before the Firearms Review Board to                         Letter of Endorsement (“good guy             when you submit your letter of intent
obtain the proper clearance from the                        letter”) upon your retirement, which         to retire. This is a long process which
review board before they retired. As a                      will maintain your privilege to carry a      can take up to 4 months. The longer
result, the officers lost their firearm                     firearm. DO NOT WAIT UNTIL THE               you wait, the longer it will take. And
privileges after they retired.                              LAST MINUTE TO APPLY TO GO TO                once again, make sure that any of the
                                                            THE FRB. It can take up to 6 months          issues mentioned above have been
Directive 4511R-A FIREARMS POLICY                           to get to the FRB. The sooner you            addressed and rectified BEFORE you
AND PROCEDURES states that an                               apply the sooner your situation can          retire. Once you have submitted
officer MUST appear before the                              be resolved.                                 your letter of endorsement and have
Firearms Review Board to have their                                                                      officially come off the payroll, you
firearm privileges restored in any of                       Also, a number of Correction Officers        can check the status of your request
the following five instances:                               have not been psychologically                with Officer Pressley at Headquarters
                                                            cleared by HMD to carry a firearm. If        at 718-546-0300. If you have any
1. Lost, confiscated, or otherwise                           at any time during your career, you          additional questions regarding this
   surrendered by a member as a                             have been under the care of an HMD           matter, you can contact Thomas Farrell
   result of their failure to safeguard.                    Psychiatrist for ANY reason (DIF,            at the COBA office at 212-274-8000.

                                                            Thanksgiving dinner. During the              your friends and family members
                                                            holiday season, the $250.00 check is         purchase items to further support
                                                            provided as a holiday gift to each           “The Widows’ and Children’s Fund”. All
                                                            widow, widower, domestic partner or          proceeds from the sales of items
                                                            guardian.                                    purchased from this page will benefit
                                                                                                         the families of our deceased brother
                                                            In addition, a check for the amount of       and sister Correction Officers. Once
KAREN BELFIELD                                              $500.00 is provided to each eligible         again, never forget, we take care of
Recording Secretary
                                                            child of a deceased Correction Officer       our own.
                                                            in order to ensure that each bereaved
Since the inception of the Widows’ and                      family is not forgotten.
Children’s Fund, the COBA has                               It is important that all COBA members
distributed over $500,000.00 to the                         remember we take care of our own.
families of deceased Correction                             Our support comes from you, our
Officers. Each year, the money raised                       correction family and all of our
at the annual COBA Awards Dinner is                         generous friends.
used to provide a check in the amount
of $250.00 to each family of a                              The COBA has launched a new                  Pictured above: Just a few of the many
deceased active Correction Officer in                       website, which includes a section            items you can purchase at the COBA
                                                                                                         store. All proceeds support the COBA
order to assist them purchase their                         entitled “Store”. Click on it and have
                                                                                                         Widows’ & Children’s Fund.

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         C O B A M A G A Z I N E J U LY 2 0 1 0 I S S U E

                              COBA mail box

                                                                  Pictured left:
                                                                  Kyle Petters, the four year old
                                                                  son of deceased RMSC
                                                                  Correction Officer, Alphonso
                                                                  Petters. He graduated from
                                                                  pre-school and will be attending
                                                                  grade school in the fall with his
                                                                  older brother.

P | 12              COBA THE CIT Y OF NE W YORK             PAT R O L L I N G T H E T O U G H E S T P R E C I N C T S I N N E W Y O R K
                                                                                                        J U LY 2 0 1 0 I S S U E C O B A M A G A Z I N E

                                                            service with the New York City Parks         whopping 1,500 Correction Officer
                                                            Department, which he purchased in            retirees (and 250 Correction Captain
                                                            accordance with the law. NYCERS              retirees) will undergo a pension
                                                            excluded DeBlasio’s longevity                recalculation and soon begin
                                                            earnings from the calculation of his         receiving increased pension benefits.
                                                            final average salary, thereby reducing       Be advised that the recalculation
                                                            his pension allowance. NYCERS                process ends up causing a deficit
STEVE ROBINSON                                              argued that the pension ability of           because monies are now being
Financial Secretary                                         longevity earnings is on the                 included in final average salary which                                       completion of 20 years of service as a       did not have contributions previously
                                                            Correction Officer only. The Court           paid on it. NYCERS will send each
Last year, COBA delivered a major                           sided with COBA and flatly rejected          retiree correspondence which
victory for our retirees. This victory                      NYCERS’ argument. It ordered                 informs them of the deficit amount
increased the pension of many                               NYCERS to recalculate DeBlasio’s             and how to repay it. Once the deficits
retirees. As COBA has done in the                           pension. His annual pension                  are paid, NYCERS will issue
past, we challenged NYCERS on                               allowance will increase                      retroactive checks and the pension
their interpretation of pension                             approximately $2000.                         allowance going forward will be
calculations. NYCERS claimed                                                                             increased. The amount owed to each
that the collective bargaining                              As a result of this victory, NYCERS is       of these retirees is on average $2000
agreement permitted the exclusion                           currently in the process of identifying      per year.
of longevity earnings in cases where                        all other COBA retirees who retired
a Correction Officer did not retire                         with a 20-year mix of correction             NYCERS hopes to have everyone
with 20 years of service as a                               service and some other type of               processed by July 2010. If a retiree
Correction Officer. COBA challenged                         credited service in order to                 wishes to know if they are slated for a
this in court and won.                                      recalculate their pensions. Please           recalculation, they can contact the
                                                            note that this litigation does NOT           NYCERS call center at 347-643-3000.
Retired Correction Officer Michael                          apply to officers who retired with 20        The call center will only be able to
DeBlasio retired with 20.98 years of                        years of service as a Correction             inform you if you are on the list. They
credited service; 19.841 years of                           Officer. Those individuals had their         will not have information on when
service as a Correction Officer and                         longevity earnings included in their         you will receive a check.
1.139 years of prior membership                             pensions. NYCERS estimates that a

                         COBA SALUTES TWO HEROIC COs


On May 3, 2010 Correction Officers
George Poniros and Michael
Colarusso assigned to the Firearms
and Tactics Unit, saved the life of a
64-year old man on the Brooklyn                             roadway. Upon approaching the bus,           pulled the victim from the wreckage
Queens Expressway who suffered a                            they saw a vehicle which had                 to a safe distance, and administered
heart attack in an auto accident.                           smashed into the wall. With further          CPR. A Port Authority Police officer
                                                            inspection they saw the victim inside        stopped to give them a CPR Mask.
The hero Correction Officers were                           the vehicle. They approached the             They activated EMS, and by the time
traveling on the BQE, when they                             victim, who was not breathing, and           EMS arrived, they successfully revived
came upon a Correction Department                           had no pulse. They immediately               the victim.
bus, which was stopped on the

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         C O B A M A G A Z I N E J U LY 2 0 1 0 I S S U E

                                                  PUERTO RICAN DAY PARADE

                                                            COBA HERITAGE FEAST

P | 14              COBA THE CIT Y OF NE W YORK                         PAT R O L L I N G T H E T O U G H E S T P R E C I N C T S I N N E W Y O R K
                                                                                                         J U LY 2 0 1 0 I S S U E C O B A M A G A Z I N E


Corresponding Secretary

In the wake of the melee that                               security posts cuts that the DOC has          officers needed to maintain safety
occurred at GRVC on March 27, 2010,                         implemented and which continue to             and security in the jails.
the Correction Officers' Benevolent                         jeopardize the safety and security of
Association held an informational                           Correction Officers throughout the            In addition to distributing thousands
protest at the entrance to the bridge                       Department.                                   of fliers to Correction Officers
at Rikers Island.                                                                                         entering Rikers Island, the union
                                                            The melee at the George R. Vierno             placed a coffin at the entrance to the
The protest which began at 5:00 AM                          Center is yet another example of the          bridge to Rikers Island. As President
on March 30, 2010 was part of the                           staffing crisis we're facing in the           Seabrook said, “Do we have to wait
union's effort to send a clear                              Department of Correction. Slashings           until a Correction Officer is killed to
message to the Commissioner of the                          and assaults on staff continue to rise        realize this city cannot put a price tag
Department of Correction that COBA                          to perilous levels while the DOC              on public safety?”
will not tolerate the hundreds of                           continues to shrink the number of

                       TO APPEAR AT OATH
                                                            at OATH. If you are served with a             It is the policy of OATH to have a
                                                            notice to appear at OATH, you should          pre-trial conference prior to any
                                                            contact COBA attorneys from Koehler           proceeding so that the parties may
                                                            & Isaacs LLP at (917)551-1300 as soon         have an opportunity either collectively
                                                            as possible to discuss your case. The         or individually to set forth their
                                                            COBA attorneys receive discovery              respective positions to the
                                                            information at least two (2) weeks prior      Administrative Law Judge.
BENNY BOSCIO                                                to the initial pre-trial conference date
Sergeant-At-Arms                                            and are available to discuss your case        The function of the Judge at the                                         prior to your appearance. If for any          pre-trial conference is to try to resolve
                                                            reason you do not wish to discuss your        the matter without trial, whether by
The Office of Administrative Trials and                     case prior to the pre-trial, a COBA           dismissal of the charges or through a
Hearings (OATH) is the city agency                          attorney along with a COBA Executive          Negotiated Plea Agreement. The
designated to hear and adjudicate                           Board member will appear to                   Judge at the pretrial conference will
internal disciplinary matters for                           represent you and there will be an            not be the Judge that presides if your
numerous city agencies. Pursuant to                         opportunity to discuss the matter             case proceeds to trial.
the New York City Charter, OATH has                         before the proceeding begins.
been designated by the Commissioner                                                                       Once the Judge is presented with all
of Correction the authority to                                                                            the facts, he/she will give both parties
adjudicate disciplinary matters                             At OATH the initial appearance is a pre-      his/her opinion on what could be the
involving all members of the                                trial conference. At a pre-trial              possible outcome if there is not a
Department of Correction. Disciplinary                      conference the Correction Officer             Negotiated Plea Agreement. If the
matter adjudicated at OATH are usually                      along with his or her attorney, a COBA        pre-trial conference does not result in
more serious in nature.                                     Executive Board member, an attorney           the dismissal or settlement of the
                                                            for the Department of Correction and          charges, the case will be scheduled for
Many officers often ask us what they                        an Administrative Law Judge hold a            trial, which usually occurs three or four
should do if they are ordered to appear                     conference to discuss the charges.            weeks after the pre-trial conference.

PAT R O L L I N G T H E T O U G H E S T P R E C I N C T S I N N E W Y O R K                            COBA THE CIT Y OF NE W YORK                          P | 15
                                                                          GOLF CLASSIC

                                                      Monday August 30th 2010
                                                  Correction Officer's Benevolent Association, Inc.
                                                            “Patrolling the Toughest Precincts in New York”

                                                                          Inwood Country Club
                                                  PROCEEDS TO BENEFIT THE COBA SCHOLARSHIP FUND

COBA                                                                                            FIRST CLASS MAIL
75 Broad Street                                                                                    U.S. Postage

Suite 0810                                                                                         PAID
New York, NY 10004-2415                                                                          New York , NY
                                                                                                PERMIT NO. 2418
“Patrolling The Toughest Precincts in New York”