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“Shall there bE a convention to revise the constitution and amend same

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Presentation on theme: "“Shall there bE a convention to revise the constitution and amend same"— Presentation transcript:

1 “Shall there bE a convention to revise the constitution and amend same
November 7, 2017

2 What is a Constitutional Convention?

3 The Constitution of New York State establishes the basic organizational structure for our state government, and it establishes the fundamental rights every NYSUT member enjoys as a citizen of New York State.

4 Every 20 years New York voters are asked to give a thumbs up or thumbs down on a simple referendum.
On November 7th the question on the top of the ballot will be: “Shall there be a convention to revise the constitution and amend same?” The answer from ALL public employees and their friends and their family members should be… NO!

5 Why vote NO TO a Constitutional Convention?

6 If 50% +1 voters in NYS vote YES, you could…

7 LOSE Your Pension Right now there are pension protections in the NYS Constitution. Currently, once you are in the pension system, your pension benefits cannot be diminished. A yes vote will put this in jeopardy for current and future retirees. Imagine you work for 30 years, planning for your retirement and counting on the promise of a pension, only to have it disappear. Or imagine if your mom retired 25 years ago…what would happen to her?

8 It has happened in other states
Alaska 2005 – Closes Teachers’ Retirement plan; all new members in 401(k) style retirement plan. Maine 2001 – Suspended Cost of Living Adjustments for all retirees. Mississippi 2010 – increased employee contribution rate for all employees from 7.2% to 9%. New Hampshire 2011 – Place all new hires and non-vested employees in a new tier with lower benefit. Rhode Island 2011 – Placed all new hires and all members with less than 20 years of service in new plan with greatly reduced benefit and higher employee costs.

9 LOSE Your RIGHT TO BELONG TO A UNION
Right now the Constitution permits you to join a union. A yes vote would put this in jeopardy. What if you think you are being targeted because of your age or gender or sexual orientation? Who will help you? You will need to higher your own attorney at your own expense.

10 LOSE YOUR RIGHT to have THE union bargain your contract.
Right now your collective bargaining rights are guaranteed by the Constitution. A yes vote would put this in jeopardy. No more collective bargaining=no more contracts. Think about Wisconsin… No collective bargaining means, no one to negotiate for your raises, your benefits like health insurance and improvements to your working conditions. Everyone is on their own. Imagine all employees fighting for a share of the pot, and undercutting colleagues and friends. Who decides who gets a raise and who doesn’t? MANAGEMENT decides….

11 LOSE YOUR RIGHTS TO Workers’ Compensation Benefits
Right now the Constitution provides all employees with benefits under Workers’ Compensation if they are injured at work. A yes vote could put this in jeopardy. It is already challenging to provide for yourself and your family when you are out of work. Imagine if the benefits you might be eligible under Workers’ Compensation disappeared. Who would pay your medical bills? What if your injury exceeded the number of days you were allowed to take or had in reserve? Would you lose your job if you were injured?

12 LOSE YOUR Public Schools, Colleges & Universities
Right now every resident of NYS is guaranteed the right to receive a free public education. A yes vote will put this in jeopardy. If the number of public schools declines, jobs will be lost. If you are a teacher or a teaching assistant, a monitor or an aide, a custodian or a cleaner, a bus driver, clerical worker or cafeteria worker or nurse, YOU could be out of work. If the number of public schools decline, where will your children and grandchildren go to school? How far away will they have to travel just to go to kindergarten each day? What would you do without lower cost opportunities for higher education tuition? Could you afford private school for your children or yourself?

13 LOSE the prohibition on using state money to aid or maintain religious schools.
Right now the Constitution prohibits spending state dollars on schools affiliated with religious institutions, except for transportation of students. A yes vote will put this in jeopardy. The legislature could pass a bill that allowed your tax dollars to be spent on students in religious schools. The legislature could approve a voucher system, that would pull money from public schools, diminishing the quality and opportunities for our children, our students and our members.

14 AND…

15 IF you care about our democracy you could also:
LOSE your rights to free speech and the right to assemble. LOSE the economic protection of State budget spending caps and State debt limits. Right now the NYS Constitution protects these rights outside of the 1st Amendment rights under the US constitution. Given the volatility in our federal government right now, imagine if we lost the right to speak out and peacefully protest against injustices and in support of our interests. Right now the constitution protects NYS residents from the economic ramifications of swings in the balance of power. Imagine if there were no spending controls and the Governor could mandate spending for special interest priorities. Imagine if there were no debt limits.

16 If you care about our planet You could also:
LOSE your access to our state parks, forests and waterways. LOSE your right to environmental protections. Right now the constitution protects vast areas of parkland including forests, parks, beaches and the Catskills and the Adirondack mountains. A yes vote would put these areas in jeopardy. If you like to hike, fish, swim, boat and hunt, you may lose these spaces and your opportunity to engage in these activities. Right now the constitution provides that the policy of NY is to protect and preserve its natural resources. It tasks the legislature with the obligation to stop air, water and excessive noise pollution in our state. A yes vote could put this in jeopardy. Imagine if we were to return to the days of factories spewing plumes of unfiltered smoke in our air and dumping waste into our rivers, ocean and sound. What if our water tables became toxic and our drinking water was polluted? At what cost to our health and our wallets?

17 What happens if the referendum is approved by a majority of voters on November 7, 2017?
What would happen if the delegates to the convention voted to change the balance of power? Can you imagine what might happen if they changed the balance of power in Albany? What if the Governor had more power over the budget every year?

18 3 delegates from each state Senate District and 15 at-large delegates, 204 in total, will be elected at the next scheduled general election in November 2018. These delegates are likely to include sitting members of the state legislature and political party leaders. They will be allowed to hold both their elected office and a position as a delegate; collecting both salaries. Convention meets in Albany in 2019 for an unspecified duration, with delegates collecting the salary throughout the process.

19 The delegates will deliberate and then publish their suggested amendments.
Proposed changes to the constitution will be submitted to the voters for approval, either as individual amendments or as a group of amendments. Another public referendum vote must take place no sooner than 6 weeks after the end of the Convention.

20 ALL OF THIS IS EXPECTED TO COST IN EXCESS OF…
355 MILLION DOLLARS.

21 A Century of decisions 1914: Vote to hold Constitutional Convention passes % to 49.7% (0.5%) 1915 Convention: Voters reject 33 constitutional language changes and 5 amendments 1936: Vote to hold Constitutional Convention vote passes % % (8.5%) 1938 Convention: Voters Accept 6 amendments and reject 3 amendments 1957: Vote to hold a Constitutional Convention fails – 47.5% to 52.4% (4.9%) 1967: Vote to hold Constitutional Convention vote passes – 53.3% to 46.6% (6.7%) *This vote was called after a special act of the NYS Legislature* 1967 Convention: Voters reject major rewrite of the NYS Constitution 1977: Vote to hold a Constitutional Convention fails – 40.3% to 59.6% (19.3%) 1997: Vote to hold a Constitutional Convention fails – 37.0% to 62.9% (25.9%)

22 There’s another way… The NYS Constitution can be changed without a convention. Changes that NYS citizens want to see can be made through the normal legislative process. In fact, since 2013 there have been several important changes: Casino Gambling; Creation of an independent redistricting committee; A paperless NYS Senate and NYS Assembly; Taking pensions away from elected officials convicted of felonies. (On the ballot in 2017).

23 Knowledge of Constitutional Convention General Public vs. NYSUT
“How much have you heard about that vote in 2017 on whether or not to have a constitutional convention. Would you say you have heard: A great deal: NYSUT -9.1% GP - 4.0% Some: NYSUT % GP - 7.0% Not very much: NYSUT % GP % Nothing at all: NYSUT % GP % Don't know: NYSUT - 0.5% GP - 0.0% NYSUT members are slightly more informed than the general public about what a constitutional convention is Higher Ed & SRPs most uneducated groups. Retirees & K-12 most educated group

24 Support for Constitutional Convention General Public vs. NYSUT
Do you support or oppose having a New York State Constitutional Convention in which delegates propose changes to the state Constitution for voters to approve or reject? Support GP %, NYSUT % Oppose GP %, NYSUT % Undecided GP %, NYSUT %

25 Messaging: Voting AGAINST a Constitutional Convention
Four messages tested: Threat to worker protections/pensions Vouchers Wasteful spending, Albany Politicians Threat to labor rights & collective bargaining TALK ABOUT PENSION MESSAGE A constitutional convention could weaken worker protections like, the guarding of public employee pensions, unemployment insurance and health and safety regulations. A constitutional convention could change state laws to allow religious and parochial schools to receive state education funding OR allow parents to use taxpayer funded vouchers to pay for private and parochial schools The constitutional convention will cost at least 340 million dollars, and just like in 1967, be run by the same Albany politicians and accomplish nothing. A constitutional convention could strip New Yorkers of their rights to join a union and collectively bargain.

26 What can you do to make sure the referendum is voted down on
November 7, 2017?

27 Talking about this isn’t easy, but it is important.
Conversations are best had one on one. No one wants to feel like they are being ganged up on. Know your audience and what their stake in the game is. If you are talking to a public employee, like a teacher, a firefighter, a police officer, or a municipal employee, talk about pensions. If you are speaking to a fellow unionist, stress the importance of collective bargaining.

28 If you are speaking to a parent, stress public education.
If you are speaking to a hunter, talk about access to parkland. If you are speaking to an environmentalist, talk about protecting our resources. If you are talking to a retiree, talk about maintaining their pensions and cost of living increases. If you are talking to a fiscal conservative, talk about fiscal responsibility. Even if someone opposes something, ask them if it is worth risking all of the other rights and protections they stand to lose?

29 How to have a “one to one” conversation
Plan the conversation in advance and try to schedule a time or make an appointment to speak to each of your colleagues. Make sure that the meeting place is comfortable both of you and free of distractions.

30 Conversation Focus your attention on the subject, not on yourself and set aside your own opinions and prejudices. Begin with small talk to break the ice, but don’t waste anyone’s time. Let them know why you are there. Frame the purpose of the conversation.

31 The ask…. Pledge to Vote NO… Take Pledge Cards back to your Districts.
Make it your goal to have 100% of your members sign the pledge and return your cards to the Tarrytown Regional Office.

32 Questions?

33 Resources you can use jNuDZVE&feature=youtu.be iESDJ80LM

34 Resources you can use mfbc.us/s/hrri8 Con Con Bingo
  XT4To&feature=youtu.be rZEL_WFznw&feature=youtu.be


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