CORRECTION OFFICERS BENEVOLENT ASSOCIATION 2024 SUPPLEMENTAL RULES & ELECTION PROCEDURE
SUPPLEMENTAL RULES
I. Membership List
A. Composition
COBA shall compile a list of the last known names and addresses of all members
in good standing of COBA as of May 15, 2024 (the “Membership List”) and shall
deliver said Membership List to AAA no later than the close of business on May
17, 2024. The Membership List shall be considered the master membership list
for purposes of the 2024 COBA elections. Any member who has moved or
changed his/her address from the address on file with COBA, must notify the
COBA Recording Secretary directly, or by correspondence addressed to him at
COBA HQ, to be received by the COBA Recording Secretary no later than May
14, 2024. It is the responsibility of a member to keep the Union updated on his/her
current address. After May 15, 2024, any additions made to the Membership List because of errors previously made by COBA, and/or any changes or deletions
made to the Membership List due to error, promotion or retirement, and which
changes are verified by the Election Committee, shall be made with notice to the
Election Committee Chairperson and the Arbitrator. The Membership List delivered
to AAA by close of business on May 17, 2024, with changes that are approved
by the Election Committee and noticed to the Election Committee Chairperson
and Arbitrator, shall be the list used for all official candidate mailings.
B. Inspection
Each candidate has the right, on one (1) occasion, no later than May 22, 2024, to
inspect the official Membership List of verified members of COBA. The
Membership List may be reviewed by a candidate at the COBA office only, and
the Membership List may not be duplicated or transmitted in any shape, or form.
Arrangements for review of the Membership List must be made with the Election
Committee Chairperson, by request in writing, via email, for the purposes of the
official record, with no less than 48 hours’ notice, to allow for scheduling. The
Election Committee Chairperson shall schedule review of the Membership List
on a date and time at his sole discretion. The Election Committee Chairperson
may facilitate the inspection of the Membership List by a requesting candidate or
designate another member of the Election Committee to do so. If, for any reason,
the candidate requesting inspection of the Membership List cannot attend the arranged time and date, the candidate must notify the Election Committee
Chairperson immediately upon learning of the inability to attend. The Election
Committee Chairperson will take reasonable steps to arrange another time and
date for the candidate to review the Membership List. Other than to verify the
names and addresses of the members, the Membership List will be used for no
purpose other than to generate labels for mailings by candidates. COBA shall not,
in any way, discriminate in favor of or against any candidate with respect to
access to the Membership List.
II. Participation
A. Freedom to Exercise Political Rights
All COBA members and all COBA officers and employees, if members, have the right to participate in campaign activities, including the right to openly support or oppose any candidate, to aid or campaign for any candidate, and to make personal campaign contributions, provided same do not any applicable law or rule.
B. Prohibition on Voting Interference
No member, officer, person, or entity shall limit or interfere with the right of any
COBA member to vote.
III. CANDIDACY FOR OFFICE
Petitions for Multiple Offices
The current COBA Bylaws are silent regarding a delegate’s ability to run for more than one office at a time. The COBA Bylaws empower the Election Committee with the ability to create Supplemental Rules, which in turn rank the Parliamentary Authority.
As such, petitions for more than one office at a time is prohibited. A delegate may only appear on the ballot for one office, and may not be a candidate for a Delegate position and a Board position simultaneously.
IV. PROTESTS & GREIVANCES
A. Protests
All protests alleging a violation of the COBA Constitution or By-Laws, the Election Procedure as established by the Election Committee, the Supplemental Rules, as established by the Election Committee, any other Rules as established by the Election Committee, or any applicable law, related to the nomination of a candidate and/or the Election Procedure, except count- day protests, must be filed with the Election Committee Chairperson within forty-eight (48) hours of the alleged violation. All complaints made after 48 hours of the alleged violation shall be deemed void and shall not be considered by the Election Committee. All protests involving eligibility,
ballot design, election dates and committee procedures, or any other dispute involving the Election Committee’s Supplemental Rules filed after Friday, May 24, 2024, at 4 o’clock p.m. shall be deemed void.
B. Count-Day Conduct
Protests regarding any alleged improper mail ballot count-day conduct must be immediately filed with the Election Committee Chairperson. If a complainant disagrees with the decision of the Election Committee, an appeal must be filed with the Arbitrator no later than the completion of the counting of the ballots.
C. Pre-Election Protests
All pre-election protests, except those regarding disputes over an alleged
improper failure to issue a ballot, shall be filed by sending to the Election
Committee Chairperson, with a copy of said email to the Election
Committee Counsel, a clear and concise written statement of the alleged
improper conduct. The written protest shall be sent to the Election Committee Chairperson by email and shall include the name(s), address(es), e-mail address(es) and telephone number(s) of the complainant(s) and the name(s) of the person(s) against whom the protest is filed. The Committee shall deliver a copy of the protest via email to the alleged offending individual(s).
D. Evidence and Burden of Proof
With respect to any protest, it shall be the burden of the complainant to present evidence that a violation has occurred. No protest of any candidate or member shall be considered by the Election Committee if such candidate or member or anyone acting under his/her direction or control or on his/her behalf, caused or significantly contributed to the situation or circumstances giving rise to such protest.
E. Process
Within 48 hours after receipt of the protest by the Election Committee Chairperson, the Election Committee shall convene in a manner to be determined by the Election Committee Chairperson, to evaluate the protest and determine its merits, if any, applying the COBA Constitution and By-Laws, the Election Procedure Rules, Supplemental Rules, and all applicable law, and the Election Committee shall render a decision thereon within 24 hours of the Election Committee having been convened. If the protest is found to be meritorious, the Election Committee shall determine the appropriate remedy. The Election Committee shall render a written decision, which shall be transmitted via email, and the Election Committee shall notify the
complainant(s), and any other candidate(s) affected by its decision.
F. Cooperation & Remedy
All candidates and members of COBA shall cooperate with the Election Committee with respect to any investigations. If the result of any protest or grievance filed or any investigation undertaken by the Election Committee is found to be meritorious, the Election Committee may take whatever remedial action it deems appropriate.
V. APPEALS
Process
Except for protests regarding any alleged improper mail ballot count-day conduct, if a Decision by the Election Committee is sought to be appealed to the Arbitrator, the appeal must be filed within 48 hours of the Election Committee’s Decision. The Arbitrator, designated by the Election Committee, shall evaluate the appeal based on the evidence presented to the Election Committee, the Election Committee’s Decision, the COBA Constitution and By-Laws, the 2024 Election Procedures and Supplemental Rules implemented by the Election Committee, and any applicable laws or rules. The Arbitrator, in his/her discretion, may conduct a hearing (in-person
or virtually), and entertain arguments, as soon as possible after the Decision
of the Election Committee is rendered, provided that such hearing is
conducted, completed, and a Decision of the Arbitrator rendered, prior to the
completion of the ballot count. The Arbitrator shall render a written Decision
on Appeal as expeditiously as possible. The Arbitrator’s Decision on Appeal
may deny the relief sought by the appeal or, if the appeal is found to have
merit, the Arbitrator may amend, repeal, or render a new Decision on the
protest and fashion a new remedy as the Arbitrator deems appropriate. The
Arbitrator shall immediately notify the complainant(s), the Election
Committee Chairperson, and any other candidate(s) affected by Decision on
Appeal. The Arbitrator’s decision shall be considered Final and Binding, and an
exhaustion of all process and remedies pursuant to the COBA Constitution and
By-Laws, subject only to review under Article 75 of the Civil Practice Law and
Rules (CPLR).
VI. ELECTION PROCESS
A. Voting and Ballot Count
1) AAA will send the Election Committee a daily list of any person requesting a duplicate ballot whose name(s) is not on the Membership List in the possession of AAA. The Election Committee will immediately advise its Election Counsel who will investigate the names as quickly as possible and report back to AAA and the Election Committee as to the person’s eligibility to receive a ballot. If it is determined that the person is not eligible, or if Election Counsel does not report back to AAA with the person’s status within 24 hours after being contacted by AAA with the request, AAA will send the person a ballot with a envelope marking of “NOL.” AAA will fax or
e-mail to the Election Committee Chairman on a daily basis the names,
divisions, and pass numbers of all those receiving NOL ballots. The Election
Committee will e-mail the NOL ballots lists to candidates daily, to the extent
practicable. The NOL ballot lists are to be used solely for the purpose of
investigating the eligibility of the person receiving a NOL ballot to vote in the
election, such that a resolution of the NOL ballot on count-day can be more
readily determined.
2) If any member does not receive a ballot by June 17, 2024, the member should call AAA at 800-529-5218 to request a duplicate ballot. It is recommended that all members mail their return ballots as soon as possible after receiving them. No duplicate ballot will be mailed less than three (3) days before the count. Duplicate ballots will be sent only to a member’s home address and shall not be sent to a designee’s address. No member may pick up or drop off a ballot in person. If a member who has timely requested a duplicate ballot by phone has not yet received it in the mail by June 17, 2024, the member should immediately contact the Election Committee and/or AAA.
3) AAA will pick up ballots from the Post Office Box, located at 160 1st Street, Mineola, New York 11501, on June 27, 2024, at 11AM. Each slate or independent candidate will be allowed one (1) Observer, as indicated in F. of this document. The Observers will be allowed to convene at the designated Post Office to observe the removal of the ballots, and follow the designated AAA representatives from
the designated Post Office, to the site where the count, as per this document shall take place. No ballots will be opened; they will only be checked-in. Once at the
site, and the count begins, ballots will be checked against the Membership List
for verification of their validity. Ballot envelopes which are flagged for problems (i.e., no name on the return envelope) will be put aside for resolution. If more than one ballot is received from any member, the later posted ballot will be the one counted.
4) If a member votes for more than the set number of candidates for a given
office, his/her ballot will be void for that office only.
5) If a member makes any identifying marks on the ballot or erases or defaces the ballot in a manner that makes the member voter’s intent unclear, the ballot will be void for the office marked in an ambiguous manner or void in its entirety if the ballot is rendered indeterminable by the markings, erasures, or defacement. If, however, the voter makes marks or comments on the ballot that do not identify the member or obscure his/her intent, the ballot will be counted.
6) If a return envelope is completely blank or the return ID completely illegible, the ballot will be void. If there is a partial return ID, AAA will attempt to identify the voter by matching the number on the envelope with the number on the AAA mailing list and then comparing the ID on the envelope with the voter information on the list. A name, an address with street name and number, a signature and/or a pass number will constitute sufficient partial identification to allow such a matching process, so long as the ID is legible.
B. Campaign Literature Protocols
1) Each candidate shall be permitted a reasonable opportunity, equal to that of any other candidate, to have literature mailed, via the US Postal Service, to all or part of the membership, at the candidate’s expense. Each candidate is entitled to a reasonable number of mailings, whether or not any other candidate makes such a request. Requests for mailing shall be made to the Election Committee Chairperson at least two (2) days before the desired mailing date.
2) All written requests will be honored in the order received.
3) Arrangements will be made by the Election Committee with the COBA’s regular mail house to handle the mailing of campaign literature.
4) All costs for the mailing or emailing of campaign literature will be borne solely by the candidate. Costs associated with the mailings include, but are not limited to: Address labels, materials, labor, postage, and fees as determined by the mail house.
5) COBA’s mail house shall provide candidates with either bulk rate or first-class service at the candidate’s selection and the candidate’s expense. The candidate must inform the Election Committee of the volume of the mailing, and the Election Committee will inform the mail house who will, in turn, inform the candidate of the estimated cost of the mailing. Cost will vary according to volume. Payment arrangements shall be those required by the mail house.
ELECTION PROCEDURE
I.BALLOTING
A. PROCEDURE
The balloting for Union-Wide Officers, Borough Trustees and Institution Delegates shall be by secret mail ballot mailed out on May 31, 2024 and counted on Thursday, June 27, 2024.
B. THE BALLOT
Different ballots will be utilized for each Institutional group. Each ballot shall contain the names of candidates for the Union-Wide Offices. The ballots for
employees in each Institutional Group shall include only the candidates for
Delegate for their Institution. In all, there shall be 27 separate ballots, one for
each Institutional group. The order of placement on the ballot shall be
determined by lot. Even where there is only one nominee for a position the
nominee’s name shall be included on the ballot.
C. MAILING
1) The Election Committee will review and approve all envelopes and ballots prior
to printing. Ballots will be mailed on or before Friday, May 31, 2024, by the
American Arbitration Association (“AAA”), utilizing the Membership List as
defined in the 2024 Supplemental Rules. To be eligible to vote in the election
and be mailed a ballot, a member must be in good standing, on or before May
15, 2024.
2) Enclosed with the ballot mailed to each member will be two (2) envelopes. The
words “SECRET BALLOT” will be printed on one envelope. The second
envelope will be an addressed return envelope, postage prepaid. A member’s
vote shall consist of the ballot which shall be completed in accordance with the
instructions printed on it. Having voted, the member must place the marked ballot in the envelope marked “SECRET BALLOT” and seal it. Any mark on the Secret Ballot envelope which could identify the voter will void the ballot. The sealed SECRET BALLOT envelope must be placed in the return addressed envelope and sealed and returned by mail. The voted ballots returned by mail must be mailed so as to arrive at the designated Post Office Box before 11:00 AM on Thursday, June 27, 2024.
3) Ballots may also be dropped off to AAA on Thursday, June 27, 2024, in-person,
by the voter themselves, with valid photo identification, to the designated area
located at Jericho Terrace, 249 Jericho Turnpike, Mineola, NY 11501. The
designated drop off time is between 9AM and 11AM. Any ballots being dropped
off after the 11AM deadline shall be deemed void.
4) No ballots may be returned to COBA in-person or by mail.
5) Ballots being dropped off on behalf of another member is strictly prohibited and
will not be accepted.
6) No ballots will be printed on site. You MUST bring the ballot with you that you received by mail.
D. BALLOTING COMPANY
THE AMERICAN ARBITRATION ASSOCIATION (AAA) will administer the
balloting. The AAA will be in possession of the Membership List as defined in the
2024 Supplemental Rules. The Membership List will be updated with new hires,
retirements, resignations, etc. as detailed in the 2024 Supplemental Rules. Any member who does not receive a ballot by June 17, 2024, should contact AAA at 1-
800-529-5218. Any question from a member regarding his or her eligibility to vote
is to be directed to the Election Committee. If the question is not resolved to the
member’s satisfaction, then the member requesting a ballot may make a written
appeal to the Arbitrator who will make a determination.
E. THE COUNT
The count of the ballots returned will commence at 1:00 PM on Thursday, June 27,
2024, at Jericho Terrace, 249 Jericho Turnpike, Mineola, NY 11501, and will
continue until completed, with such breaks for meals and rest as AAA may decide.
No ballot which was received after 11:00 AM on June 27, 2024, either by mail
or dropped off as per the parameters stated in this document will be counted.
F. OBSERVERS
Each Slate, or candidate if running independently may designate, in writing, and
sent to the Election Committee Chairperson at least forty-eight (48) hours in
advance of the commencement of the election count, the name of one (1) observer.
The observer must be a member of COBA in Good Standing. The observer may
make a complaint or protest during the count on behalf of his/her candidate only. If the designated observer for any reason is unable to attend on the day of the count,
no alternate may be designated unless sent to the Election Committee Chair 24
hours or more in advance.
G. THE ELECTION COMMITTEE COUNSEL AND ARBITRATOR
The Election Committee is responsible for supervising all aspects of the election,
including protection against fraud, including the modification of any procedure to
accomplish an unbiased election process. The Election Committee shall resolve all
disputes that arise during the course of the election. The Election Committee’s
jurisdiction includes all disputes over conduct of the election, and disputes about or
protests over the conduct of candidate(s), COBA or other parties authorized to
participate. The Elections Committee will continue to resolve disputes over
eligibility, sufficiency of Petitions, or failure to issue a ballot, subject to appeal to
the Arbitrator appointed by the Election Committee at the initial convening of the
Election Committee. Any protests or objections presented to the Election
Committee, or appeals of any determinations made by the Election Committee
presented to the Arbitrator, must be in writing and must be made within the time
periods set forth in the 2024 Supplemental Rules. The Election Committee, and on
appeal, the Arbitrator, shall resolve disputes in accordance with the COBA
Constitution and By-Laws, the Election Rules, and any Supplemental Rules which
may be promulgated by the Election Committee, and applicable rule or law. The Election Committee shall have the power to investigate and determine the facts
prior to applying the rules and laws to all disputes properly brought before the
Election Committee.
H. CERTIFICATION
As soon as practicable, after the count has been completed and any protest(s)
decided and remedy put into effect, AAA shall certify, in writing, the results of the
election to the Election Committee. Should a rerun be necessary, AAA shall certify
those elections not subject to a rerun.
I. CONTACT INFORMATION
2024 Election Committee Chair
Anthony Scoma,
516.319.1686
[email protected]
2024 Election Counsel
Brian Heitner, Esq.
516.551.4225
[email protected]
Parliamentarian
Robert Robinson, PRP
646.249.4064
[email protected]
2024 Arbitrator
Barbara Deinhardt, Esq.
917.763.0906
[email protected]