Memos Prep State Workers In The Event Of Government Shutdown
Dave McKinley 
1 hr ago
1 hr ago Buffalo, NY - New York Governor David
However, with an increasing number of Senators and Assembly members vowing not to vote for another stop gap measure to keep the state running, there is the chance that the state government could shut down as early as Tuesday.
The State of New York is the largest employer of Western New Yorkers, and a clearer picture as to which ones would be effected by a shut down is emerging from several memos obtained by 2 On Your Side, which were issued Friday by various state agencies to their workers.
(*You can read the memos below this story*)
The memos range from the State Insurance
However, Daines also advised Health Department workers that a manager or supervisor would be notifying them whether their position has been determined to be essential, and that if they are notified that it has not, then they should not report to work should a shutdown occur.
State Department of
Her message to employees read in part:
"It's very likely that all of us will not be authorized to report to work. I am doing my best to stress (to the Governor) that many of our staff provide services vital to the welfare of New Yorkers. A shutdown will have a terrible impact on all of us including the hundreds of thousands of New Yorkers who rely on our services and unemployment benefits."
The Department of Transportation issued the most detailed memo of those we obtained, indicating that while its workers would stay home in the event of a shutdown, they could still be called in for emergencies.
The DOT memo also states that employees essential to deliver response services to such emergencies will earn "on-call" pay and appropriate straight-time or overtime to reasonably respond
The state Public Employees Federation represents many of those workers and doesn't seem worried.
"I think that the leadership in the Senate and Assembly will reach an agreement with the governor and I don't think there will be a shutdown," said Craig Speers, a member of the union's Executive Board.
Nor does he think there could even be a shutdown, reasoning that telling state workers to stay home and not paying them essentially amounts to a furlough, which a court recently ruled would be illegal.
"And I think that that type of an action would wind up in the Federal or State court system immediately," Speers said.
Below are some of the memos sent out by various state agencies to employees on Friday
NYSDOT
Government Shutdown Contingency Plan
Purpose:
This plan will define steps to be taken by DOT to maintain critical public safety response
capability if the NYS government is "shut down" due to lack of a passed budget or emergency
spending plan.
Assumptions:
? All state owned facilities will be closed (and not accessible by employees)
? Maintain only the most critical public safety services
o Response to severe highway incidents
Major obstruction in road (down tree, protruding guiderail, etc)
Major traffic incident where DOT presence is required to address critical
safety issue
o Critical damage to transportation infrastructure, such as:
Washouts
Severe bridge damage
Dark signal or critical malfunction
o Response for declared natural disaster emergency such as widespread flooding,
tornado, etc.
? Employees essential to deliver above services will earn "on-call" pay and appropriate
straight-time/OT to reasonably respond
? Contract employees at TMCs will be permitted to work (This covers Region 1, 4, 5, 8,
10, 11)
? All other state employees "locked out"/furloughed
? All other Department operations will cease until
Maintaining Critical Response Capability - Coverage for call outs:
Emergency call outs will be accommodated by utilizing TMC operations with consultant
operators. The following is the proposed coverage plan using existing coverage relationships
and/or assignment based on proximity. Each Region who will be forwarding phones,
must provide updated call-out list to assisting Region by noon on Monday June 14.
Region Callouts by Region Callouts by
R1 R1TMC R7 * R1TMC
R2 * HVTMC R8 HVTMC
R3 * RTOC R9 * HVTMC
R4 RTOC R10 INFORM
R5 NITTEC / STICC R11 JTMC
R6 * NITTEC / STICC Main Office STICC
* Regions will be forwarding calls to another Region. If NITTEC closed, STICC will take R5 &
R6 calls.
Page 2 of 3
Updated 6/11/10 - 0930
Call-out approval:
THE RDO, RME OR RTE MUST APPROVE ALL CALL-OUTS TO ENSURE THAT THEY
ARE CRITICAL TO PUBLIC SAFETY.
Communications:
Information will be provided to employees through the following channels:
? IntraDOT
? DOT Employee Emergency Hotline (800 number)
? Local television, print and radio media
If possible, appropriate information shall be posted on the IntraDOT and sent via Department
email in advance, including this plan.
All employees should be instructed to call the Emergency hotline prior to reporting to work on
Tuesday, June 15th and continue to call prior to the start time of each normally scheduled
shift until the shutdown is over.
Actions Items:
? Ensure clear lines of communication with GOER or other authority for
information and approval of plan implementation
? Confirm that we will be permitted to call people out to address critical public
safety issues
? Will called-out workers be covered by workers comp?
? Confirm workers will have access to yards
? Review/approve above list of "qualifying" incidents for call-out
? Determine if we can pay people who are called out? If not, then we cannot
provide for above public safety services and alternative is to inform law
enforcement they will need to close roads
? Determine if 50 Wolf Rd to remain open? (may be state owned) If not, take
steps to operate STICC at R1TMC
? Make sure we can pay TMC contractors for work performed during shutdown
? Ensure each call-forwarding Region provides POC/call-out list to "covering"
regions
? Verify that each RDO/RME/RTE should filter/approve call-outs
? Should all calls go to RDO/RME/RTE in lieu of sending call-out list to TMCs
? Develop script for 1-866 number and pre-record
? Develop IntraDOT message
? Schedule Conference call with RD/RDO/RTE, etc once decisions are made
Page 3 of 3
Updated 6/11/10 - 0930
Key Players: Executive management, ETO Bureau, Communications, RDOs/RMEs, RTEs,
REMs, TMC managers, Employee Relations, Facilities Manager, Employee Safety
NYS HEALTH DEPARTMENT
To: All Department of Health Employees
Subject: Potential Shutdown of Government Services
The purpose of this note is to advise Department of Health staff of a potential situation that may
affect normal operations of the Department during the week of June 14, 2010.
If the Legislature does not enact an appropriation bill on Monday, June 14, 2010, the State will
lose the authority to continue paying most of its bills and must be prepared to shut down nonessential
State services on Tuesday, June 15, 2010 until appropriation authority is restored.
Governor Paterson has proposed budget extender bills that would ensure the continued orderly
operation of State government. The State has an obligation to provide essential services to its
residents, to protect their health, safety and welfare. That obligation will remain our first priority
however events unfold.
If an appropriation bill is not enacted by Monday, we must shut down state services in an orderly
fashion beginning on Tuesday. Therefore, State commissioners and agency heads have been
directed to determine each agency's essential activities and the employees essential to providing
them. A manager or supervisor will be notifying you whether your position has been determined
to be essential or non-essential for purposes of continuing to provide services during any
shutdown. Each determination is being made on a case-by-case basis, will not be based on your
title alone, and can vary from location to location, and agency to agency.
Please note that this shutdown refers to State employees only, i.e. those supported by
appropriations of the Legislature. It does NOT apply to HRI employees or to contract agency
employees. HRI employees and contract agency staff should report to work in the normal
manner.
If an appropriation bill is not enacted by Monday, and if you have been notified that your position
is non-essential for purposes of the shutdown of State services, you should complete any shift that
you began before midnight, Monday, June 14, and you are not to report to work for any shift that
begins on or after 12:01 a.m., Tuesday, June 15, until the shutdown ends or you receive a later,
direct order to report from a manager or supervisor. You must check the public media and the
Department's website (http://nyhealth.gov) each day to find out whether a shutdown of State
services will start on Tuesday, and whether a shutdown will continue each day after that.
Any shutdown of State services will require the highest standards of public service from all of us.
I am confident our agency will meet that challenge.
Richard F. Daines, M.D.
Commissioner of Health
New York State Department of Health
OFFICE OF TEMPORARY DISABILITY ASSISTANCE
M E M O R A N D U M
TO: All OTDA Employees
FROM: Elizabeth R. Berlin - /s/ERB - 6/10/10
DATE: June 10, 2010
SUBJECT: Potential Government Shut Down
If the Legislature does not enact an appropriation bill on Monday, June 14, 2010, the State will
lose the authority to continue paying most of its bills and must be prepared to shut down nonessential
State services on Tuesday, June 15, 2010 until appropriation authority is restored.
Governor Paterson has proposed budget extender bills that would ensure the continued orderly
operation of State government. The State has an obligation to provide essential services to its
residents, to protect their health, safety and welfare. That obligation will remain our first priority
however events unfold.
If an appropriation bill is not enacted by Monday, we must shut down state services in an orderly
fashion beginning on Tuesday. Therefore, State commissioners and agency heads have been
directed to determine each agency's essential activities and the employees essential to providing
them. A manager or supervisor will be notifying you whether your position has been determined
to be essential or non-essential for purposes of continuing to provide services during any
shutdown. Each determination is being made on a case-by-case basis, will not be based on your
title alone, and can vary from location to location, and agency to agency.
If an appropriation bill is not enacted by Monday, and if you have been notified that your
position is non-essential for purposes of the shutdown of State services, you should complete any
shift that you began before midnight, Monday, June 14, and you are not to report to work for any
shift that begins on or after 12:01 a.m., Tuesday, June 15, until the shutdown ends or you receive
a later, direct order to report from a manager or supervisor. You must check the public media and
our website, www.otda.ny.gov, each day to find out whether a shutdown of State services will
start on Tuesday, and whether a shutdown will continue each day after that.
Any shutdown of State services will require the highest standards of public service from all of
us. I am confident our agency will meet that challenge.
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEC E-mail
We've been officially informed by the Governor's Office that if the Legislature does not enact an
appropriation bill by midnight on Monday, June 14, 2010, the State will lose the authority to continue paying
most of its bills and must be prepared to shut down most State services on Tuesday, June 15, 2010 until
appropriation authority is restored.
Governor Paterson has proposed budget extender bills that would ensure the continued orderly operation of
State government. The State has an obligation to provide basic services to its residents to protect their
health, safety and welfare. That obligation will remain our first priority however events unfold.
If an appropriation bill is not enacted by Monday midnight, we must shut down state services in an orderly
fashion beginning on Tuesday. The only state services that will continue are those that are necessary to
ensure public health and safety. State commissioners and agency heads have been directed to determine
those activities which specifically relate to public health and safety and the employees necessary for
providing them. You will be notified by your division or regional director if you should report to work on
Tuesday in the event of a shutdown.
If an appropriation bill is not enacted by Monday, you should complete any shift that you began before
midnight, Monday, June 14, and unless you were specifically notified otherwise, you are not to report to work
for any shift that begins on or after 12:01 a.m., Tuesday, June 15 until the shutdown ends. Please check the
public media to find out whether a shutdown of State services will start on Tuesday, and whether a
shutdown will continue each day after that.
I know that this is very difficult for all of us and while I remain hopeful that the shutdown can be averted, it is
necessary for us to plan for this in a professional and responsible manner. Thank you for all the good work
you do every day for the people of NYS. I certainly recognize that any shutdown will affect everyone that
works at DEC and will also have significant impacts on the many people we protect and serve. This could be
a rapidly changing situation, and we will make every effort to keep you up to date as we receive any new
information.
OFFICE OF CHILD AND FAMILY SERVICES
Dear OCFS Employee
I am writing to you in regard to the potential government shutdown. If the Legislature does not enact an appropriation bill on Monday, June 14, the State will lose the authority to continue paying most of its bills and must be prepared to shut down non-essential state services on Tuesday, June 15, until appropriation authority is restored.
Governor Paterson has proposed budget extender bills that would ensure the continued orderly operation of state government. The State has an obligation to provide essential services to its residents, to protect their health, safety and welfare. That obligation will remain our first priority however events unfold.
In the event an emergency appropriation bill is not passed by the Legislature on Monday, non-critical state services will cease, beginning Tuesday, June 15 at 12:01 AM. Executive staff will develop a list of essential employees and this information will be communicated as soon as it is available.
If an appropriation bill is not enacted by Monday, and if you have been notified that your position is non-essential for purposes of the shutdown of state services, you should complete any shift that you began before midnight, Monday, June 14. You are not to report to work for any shift that begins on or after 12:01 a.m., Tuesday, June 15, until the shutdown ends or you receive a direct order to report from a supervisor.
Official action may not be known until midnight, Monday, June 14. If a shut-down becomes necessary, we ask all employees and contractors to call the OCFS emergency communications line at 1-866-269-4820 for a recorded bulletin or check the OCFS website for instructions related to the shut-down. The recorded bulletin will be available beginning at 12:01 A.M. on Tuesday, June 15. At that time, you will be instructed as to whether or not you should report to work for Tuesday and each day thereafter that the shutdown is in effect.
We recognize the hardship a shut-down may impose on you personally and on our entire workforce. We will continue to share information on developments with you as soon as it is received.
Gladys Carrión, Esq., Commissioner
STATE DEPARTMENT OF LABOR
From: Message From The Commissioner
Sent: Friday, June 11, 2010 10:35 AM
To: labor.dl.mailbox.all
Subject: Commissioner Message
As I'm sure many of you have heard by now, the state is facing a possible shutdown of government if an agreement on an appropriation bill cannot be reached by the State Legislature by midnight on Monday the 14th. The Governor has informed me that if an appropriation bill is not enacted by Monday, we must shut down state services in an orderly fashion beginning on Tuesday morning. He stressed that the State has an obligation to provide essential services to its residents, to protect their health, safety and welfare. I am doing my best to stress that many of our staff provide services vital to the welfare of New Yorkers. However, as of right now it appears that inaction on the bill may impact all DoL employees including state and federally funded positions and Management Confidential staff. If this bill does not pass, it's very likely that all of us will be impacted and will not be authorized to report to work on Tuesday the 15th until further notice.
I am working with the Governor and his staff to get up to the minute updates on this unprecedented action. I know that a shutdown will have a terrible impact on all of us including the hundreds of thousands of New Yorkers who rely on our services and unemployment benefits. I promise you I will relay any information to you as I receive it.
STATE INSURANCE DEPARTMENT
The lack of budget authority by midnight Monday, June 14, will require the shutdown of all other State operations, including virtually all Insurance Department operations on Tuesday, June 15. This is an unprecedented situation and there are many unknowns.
We will continue to keep you informed as we learn more.
Christopher F. Rulon
Deputy Superintendent for Operations
New York State Insurance Department
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