The Unionist May 2012

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    In an unprecedented collaborationbetween labor and the Bloomberg

    administration, more than 100 Unionmembers joined City ofcials includingDeputy Mayor Linda Gibbs at City HallApril 23 to fght or the rights o socialservice workers to be sae in their workenvironments and avoid uture assaults.Workers spoke, and the media listened.

    SSEU Local 371 successully advancedanother step toward getting the AssaultBill passed as a New York State law at thewell-attended news conerence and rally.

    The bill, i passed, would make it a elonyto assault a social service worker, bringingSSEU Local 371 members in line with tra-fc enorcement agents and transit workers.

    Union ofcials, rank-and-fle members,agency commissioners and members o theState Senate and Assembly acknowledgedthe importance o protecting social service

    workers, who are among the most vulnerablepublic employees. They noted that the Ad-ministration or Childrens Services, the De-

    partment o Homeless Services and HumanResources Administration are essential assetsto social services provided to amilies in need.

    They enter hostile environments every day todeend victims, keep them rom harms wayand create productive solutions or amilies.

    SSEU Local 371 President AnthonyWells told a crowd o reporters inside CityHall, Were not seeking to criminalize ourclients, rather we want to ensure that our

    Volume 42 Number 5

    May 2012

    Ofcial Publication o Social Service Employees Union Local 371-DC 37 AFSCME, AFL-CIO www.sseu371.org

    Annual Union Audit Stopping Layoffs at ACS Discharge: Not So Bad? Pages 4-6 Page 6 Page 7

    The Time is Now!Elected Ofcials and Union Join Forces or Assault Bill

    Member Erica Pagan-Foy speaks to the press about being assaulted on the job. She is joined by Union members,

    elected ofcials and labor leaders.

    Continued on page 8

    P a t A r n o w

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    Ma 2012 | Th Uiist 3

    When Eduardo Sanchez was a clerkat the Bank o New York, he knewsomething was missing. Sure, he

    was making good money, but he knew

    he wanted the benefts and security o aunionized, civil service career. Besides,he wanted to serve the public. I alwayswanted to work or the City, he said.

    Nine years ago, he joined the HumanResources Administration as a Job Oppor-tunity Specialist in Bushwick, Brooklyn,where he still works today. An immigrantrom the Dominican Republic, people likeSanchez were in demand, because the Cityneeded Spanish-speaking social serviceworkers.

    A Au th Jb

    In the decade Sanchez has been on thejob, he has worked in all aspects o the jobcenter. Currently, he works in an adminis-trative position, but he wants to return toace-to-ace work. Working with clientsis a little more eective, because you canunderstand where theyre coming rom,he said. The goal o the agency is to getthem to break barriers.

    Hes also doing his job completely on hisown, as he used to have the support o a

    second co-worker. I dont need supervi-sion because I know the work, he said.

    Sanchez hopes that his mastery o theposition will soon elevate him to a supervi-sory position. Its not a challenge or me,he said. Im ready or the next step.

    On the FrOnt Lines

    Jb Assista Is His Jba Passi

    For SSEU Local 371, the situationin the job centers has been dire, as theeconomic downturn has caused over-crowding and an overburdening o themembership.

    Unortunately, we dont have enoughworkers, Sanchez said. It is tough, butright now with this economy the job has to

    be done, no matter what.

    Ati i Ui

    Sanchez has been a Delegate or fveyears, and is active in helping the Unionpass the Assault Bill, which would make

    assaulting social service workers a elonyoense. Three o my workers were as-saulted at my location, he said. We needprotection. Were not asking or much.Were just asking or protection.

    In addition, Sanchez is active in many othe local and DC 37 heritage committees.

    When asked how he can work a ull-

    time job, be a Union Delegate andparticipate in so many Union commit-tees, he responded, You have to manage.I like to be busy. I like to be involved ineverything. I like to hear things rom thehorses mouth.

    Eduardo Sanchez: His job is fnding work or the jobless.

    PatArnow

    MeMbers roM sseU Lcal 371 jind th thuand

    unin mm, immigatin ight activit, occupy

    Wall stt uppt and th in Unin squaMay 1 t cmmmat Intnatinal Wk Day.

    SSEU Local 371 and May Day

    Ph

    otos:PatArnow

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    4 Th Uiist | Ma 2012

    STATeMenTS o cASH lowSyeArS ended JUne 30, 2011 And 2010

    2012 Ui AuitGoUld, KoBrIcK & ScHlAPP, P.c., CerTIIeD PUbLIC ACCoUNTANTs

    empi stat building, 350 ith Avnu, Nw Yk, N.Y. 10118-4309

    T th oc and excutiv bad

    scial svic emply Unin Lcal 371,

    Amican datin stat, Cunty

    and Municipal emply, AL-CIo

    IndePendenT AUdITorS rePorT

    W hav auditd th accmpanying tatmnt nancial pitin th scial svic emply Unin

    Lcal 371, Amican datin stat, Cunty and Municipal emply, AL-CIo a Jun 30, 2011

    and 2010, and th latd tatmnt activiti and cah fw th ya thn ndd. Th nancial

    tatmnt a th pniility th Unin managmnt. ou pniility i t xp an pinin n

    th nancial tatmnt ad n u audit.

    W cnductd u audit in accdanc with auditing tandad gnally accptd in th Unitd stat

    Amica. Th tandad qui that w plan and pm th audit t tain anal auanc aut

    whth th nancial tatmnt a matial mitatmnt. An audit includ cnidatin intnal cntl v nancial pting a a ai digning audit pcdu that a apppiat

    in th cicumtanc, ut nt th pup xping an pinin n th ctivn th

    Unin intnal cntl v nancial pting. Accdingly, w xp n uch pinin. An audit

    includ xamining, n a tt ai, vidnc uppting th amunt and diclu in th nancial

    tatmnt. An audit al includ aing th accunting pincipl ud and ignicant timat mad

    y managmnt, a wll a valuating th vall nancial tatmnt pntatin. W liv that u audi t

    pvid a anal ai u pinin.

    In u pinin, th nancial tatmnt d t av pnt aily, in all matial pct, th nancial

    pitin th scial svic emply Unin Lcal 371 AsCMe, AL-CIo a Jun 30, 2011 and 2010,

    and th chang in it nt at and it cah fw th ya thn ndd in cnmity with accunting

    pincipl gnally accptd in th Unitd stat Amica.

    Nw Yk, NY

    Mach 5, 2012

    STATeMenTS o InAncIAl PoSITIonJUne 30, 2011 And 2010

    STATeMenTS o AcTIvITIeSyeArS ended JUne 30, 2011 And 2010

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    Ma 2012 | Th Uiist 5

    noTeS To InAncIAl STATeMenTSJUne 30, 2011 And 2010

    noTe 1 GenerAl

    ogaizati: Th scial svic emply Unin Lcal 371 AsCMe, AL-CIo (th Unin) i a

    a unin cmpid mply th City Nw Yk in cial vic and th titl.

    Th jctiv th Unin a th attainmnt and maintnanc ai wag at and hu and

    pp wking cnditin it mm.

    Th Unin i a chatd lcal th Amican datin stat, Cunty and Municipal emply

    ntnatinal Unin, AL-CIo (A..s.C.M.e.) and i aliatd with Ditict Cuncil Num 37, A..s.C.M.e.,

    h Nw Yk City Cntal La Cuncil and th Nw Yk stat oganizatin th AL-CIo.

    Th nancial cd th Unin includ th Lgal Aitanc Cmmitt, catd t duc th

    udn lgal and xpn incud y th Unin th dn mm aiing ut ,

    lating t th pmanc thi duti a mply.

    Tax Status: Th Unin i xmpt m dal incm tax und sctin 501(c)(5) th Intnal

    rvnu Cd (IrC) und th Intnatinal Unin (AsCMe) gup xmptin.

    noTe 2 SUMMAry o SIGnIIcAnT AccoUnTInG PolIcIeS

    bai Accunting: Th nancial tatmnt a ppad n th accual ai accunting.

    bai Pntatin: Th nancial tatmnt pntatin cmpli with Asb AsC Tpic 958,

    inancial statmnt Nt--Pt oganizatin. Und Tpic 958, th Unin i quid t pt

    nmatin gading it nancial pitin and activiti accding t th cla nt at:

    untictd nt at, tmpaily tictd nt at, and pmanntly tictd nt at.

    ixd At and Dpciatin: unitu, quipmnt and impvmnt a tatd at ct l dpciatin

    accumulatd inc acquiitin and d nt pupt t pnt placmnt alizal valu. All ata dpciatd v timatd uul liv uing th taight-lin mthd. expnditu nmal pai

    quipmnt a chagd t cunt patin. All th xpnditu xd at a capitalizd.

    Cah and equivalnt: pup th tatmnt cah fw, cah i cnidd t all ptty

    cah, chcking and mny makt accunt, paticipatin cticat and cticat dpit with iginal

    matuiti n ya l.

    U etimat: Th ppaatin nancial tatmnt in cnmity wi th accunting pincipl gnally

    accptd in th Unitd stat Amica qui managmnt t mak timat and aumptin that

    may act th ptd amunt at and liailiti, diclu cntingnt at and liailiti at th

    dat th nancial tatmnt, and th ptd amunt vnu and xpn duing th pting

    pid. Actual ult culd di m th timat.

    Cminatin: Th accmpanying nancial tatmnt includ th accunt th Unin and th Lgal

    Aitanc Cmmitt. All inta-ganizatin tanactin hav n liminatd in th cminatin.

    noTe 3 concenTrATIon o credIT rISK

    inancial intumnt that ujct th Unin t cncntatin cdit ik a cah in ank accunt.

    Th Unin maintain accunt at high quality nancial intitutin. Whil th Unin attmpt t limit anynancial xpu, it cah dpit alanc may, at tim, xcd dally inud limit.

    noTe 4 IXed ASSeTS

    noTe 5 leASe coMMITMenTS

    Th Unin i ligatd und val pating la c aciliti. Th la all xpi nMay 31, 2018 and includ calatin adjutmnt ppty tax and pating xpn ad

    n th 2010/2011 a ya. rnt xpn imumnt y th und ( Nt 6) w

    $605,040 (2011) and $605,040 (2010).

    Th llwing a th Unin utu minimum la ligatin und th la at Jun 30, 2011

    nt including calatin):

    Th Unin ha a u-la agmnt with th scial svic emply Unin Lcal 371

    Adminitativ und (a latd ganizatin) why th und will imu th Unin it p ata

    ha c aciliti and th xpn. rimumnt w $334,789 (2011) and $334,789

    (2010). Th llwing i a chdul th timatd utu minimum ntal incm und thi u-la

    agmnt:

    noTe 6 relATed PArTy TrAnSAcTIonS

    Th Unin and th scial svic emply Unin Lcal 371 bnt und (th und) ha

    c aciliti ( Nt 5), pnnl and th vhad xpn. Th xpn a allcatd

    ad n timatd tim and pac uag.

    Th Unin civ a at $69,179 p mnth m Ditict Cuncil 37 ( Nt 1) a a

    imumnt p capita attiutal t vic pvidd t th aliatd lcal ut nt

    quid ud y th Unin (uch a lgal , givanc pntatin, tc.).

    noTe 7 AccrUed PAyroll PAyABle

    Th Unin accu unud ick pay and annual lav ta and clical mply. Th liailityi cmputd ad n th num day accumulatd and unud at wag at in ct at ach

    ya-nd. N pviin ha n mad any pil inca aiing m cntactual inca in

    alai uqunt t th alanc ht dat.

    noTe 8 GenerAl And AdMInISTrATIve eXPenSeS

    noTe 9 orGAnIZInG And oPerATInG eXPenSeS

    Continued on page 6

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    6 Th Uiist | Ma 2012

    noTe 9 orGAnIZInG And oPerATInG eXPenSeS, conT.

    Dlgatin and Cnnc:

    noTe 10 leGAl ASSISTAnce coMMITTee

    noTe 11 PenSIon And SeverAnce

    Th scial svic emply Unin Lcal 371 und sta Pnin Plan (a dnd cntiutin

    pt haing plan) cv th Unin ligil clical mply. Cntiutin t th Plan th

    ya ndd Jun 30, 2011 and 2010 w $52,838 and $64,825 pctivly.

    Th Nw Yk City emply rtimnt sytm NYCers (a dnd nt timnt plan)

    cv th Unin ligil pinal mply. Cntiutin t th Plan th ya ndd Jun

    30, 2011 and 2010 w $122,099 and $373,464 (includd paymnt pi ya), pctivly.

    eligil Unin clical mply a additinally cvd y a cllctiv againing agmnt with

    Lcal 153. Und th tm thi agmnt th Plan mak cntiutin t th Lcal 153 Halth

    and Pnin Plan n hal cvd mply. Pnin plan xpn th ya nding Jun30, 2011 and 2010 w $6,552 and $6,534, pctivly.

    Continued rom page 5

    2012 Ui Auit

    MIHAIl AKoPdJAnov:

    Makig th la 21st ctu

    Mihail Akopdjanov joined SSEULocal 371 this spring as the newweb developer and all-around

    computer guru at Union headquarters.He brings with him more than sevenyears o experience in IT, network ad-ministration, web development, com-puter systems assembly, and network andsystems troubleshooting.

    Beore coming to the Union, Akopd-janov worked with such companies and or-ganizations like United States Agency or

    International Development, United Na-tions Organization, United States Embassyin Uzbekistan, and the Soros Foundation.

    So ar, Akopdjanov has been integralto developing a strategy or the Unionssocial media outreach and or advancingits use o Internet technology.

    It has been a pleasure applying myknowledge here at the Union so ar, hesaid. I look orward to expanding theUnions web presence and updating itselectronic capabilities.

    Still Fighting Layoffsat ACSMayor Michael Bloomberg announced his budget

    this month, and sadly it still contains a plan to lay

    o 26 o our hardworking members at the Admin-

    istration or Childrens Services. But this fght is ar

    rom over.

    The Union has been meeting with key City CouncilMembers to ensure that the fnal budget agreement

    reached this summer will not have one layo in

    this agency, whose ront-line workorce is already

    stretched too thin.

    Many o these lawmakers know the importance o

    having as many trained proessionals in child wel-

    are as we possibly can, Union President Anthony

    Wells said. The Union remains optimistic.

    AriP

    aul

    ofia 15-da eti ntis

    Ofcial 15-day notice is hereby given or the nomi-

    nation and election o six (6) delegates and twelve(12) alternate delegates or the citywide delegation

    rom the Health Department on Thursday, June

    28, 2012 at 6:30 p.m. at the Union ofce, 817

    Broadway, 15th Floor, Manhattan.

    Ofcial 15-day notice is hereby given or the

    nomination o eight (8) delegates and sixteen (16)

    alternates or the citywide delegation rom the New

    York City Housing Authority on Tuesday, June 26,

    2012 rom 10:00 a.m. to 7:00 p.m. at the Union

    ofce, 817 Broadway, 12th Floor, Manhattan. This

    also serves as a 15-day notice o the election o

    eight (8) delegates and sixteen (16) alternates

    Tuesday, July 10, 2012 rom 9:00 a.m. to 7:00 p.m.

    at the Union Ofce, 12th Floor, Manhattan.

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    Ma 2012 | Th Uiist 7

    Smtims dishag Is th Bst Mii

    Members on medi-cal leave shouldthink twice

    beore resigning; it maybe in your best interestto be discharged in-stead. Members tend toresign ater receiving aletter rom their agencywarning them that,

    unless they return rom medical leave,they will be terminated under Section73 o the Civil Service Law. Withoutproperly explaining the law, the agencyletter also invites the member to re-sign. In most circumstances, membersresign not because they no longer wishto return to City service, but out oconcern that they may be fred becausethey are still too sick or injured toresume their job duties. Fearing thetaint o a discharge upon their record,many workers aced with this situationsimply give up and submit a resignationorm. They are unaware that resigningor medical reasons is worse than beingfred because the resignation waivestheir right to uture reinstatement, a

    hidden gem under Civil Service LawSection 73.

    n Stigma

    This provision empow-ers the City to dischargea worker who has been ona medical leave of absence for ayear or more. However, becausethe discharge is not for miscon-duct, such as when disciplinaryaction is initiated under Section 75, aSection 73 discharge is merely due tobeing medically disabled from work-ing for more than one year. It has noother meaning or stigma. It is notevidence of permanent disability orof any misconduct. And quite unlikea disciplinary discharge, a Section73 discharge entitles an employee toreinstatement when a medical condi-tion ceases to prevent him or her fromworking, so long as the employeeadheres to certain procedures.

    Section 73 has a two-old purpose.On the one hand, it enables an agencyto ree up the civil service positionoccupied by a medically unavailableemployee so that the work can beperormed by another qualifed civilservant. However, it can only replacethat employee whenhe or she has beenunavailable to workbecause o a medicalcondition or morethan a year. On theother hand, thelaw seeks to bal-ance an agencysneed to maintainadequate stafng

    with

    the civilservants need

    or job security when amedical condition may prevent him

    or her rom working. So, even whenemployees are terminated under Sec-tion 73 or medical reasons, they retaina right to reinstatement. Once theirmedical condition improves to enablethem to work again even i it is yearsater the Section 73 discharge thenthe job lost can be reclaimed.

    For employees who have already beendischarged pursuant to Section 73, itis important to know how to apply orreinstatement. First, the employeesdoctor must determine that he or sheis ft to return to work, and once the

    doctor has done so, the employee hasup to a year to apply or reinstatement.Reinstatement applications must besubmitted to the Department o City-wide Administrative Services (DCAS),not to the agency where the employeepreviously worked, because only DCAScan consider Section 73 reinstatementapplications (applications can be down-loaded at www.nyc.gov/html/dcas/html/resources/resources_old.shtml).

    Th Pss Aha

    A certifcation rom theemployees physician that heor she is ft to return to workmust accompany the reinstate-ment application. DCAS will

    then schedule a ftness to workexamination with a City-appointed physician, and theemployee must attend. I the

    City-appointed doctor agreesthat the employee is ft to return to

    work, then the employee must be rein-stated to either the same civil serviceposition or to a lesser title i there areno vacancies in the original position.

    The Union urges members on long-term medical leaves not to resign romtheir jobs, even i they think they willnever be able to return to work. Youshould preserve your options and yourright to return i able. I your agencysends you a Section 73 letter or youhave any other concerns about howyour medical leave may impact youremployment status, please contactGrievances and Legal Services orassistance.

    Lloyd Permaul, VP of Grievances

    and Legal Services

    And quite unlike a disciplinary discharge, a

    Section 73 discharge entitles an employee toreinstatement when a medical condition ceases

    to prevent him or her rom working, so long as

    the employee adheres to certain procedures.

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    members return home in the same condition

    that they let.Our members know all too well how

    dangerous this job can be. Last year, 61employees at three dierent City agencieswere assaulted on the job, a huge jump romthe 29 reported incidents in 2009, and a 10percent increase since 2010, according toDeputy Mayor Gibbs, who supports the bill.

    The bill (S641-B/A 4672-B) is sponsored bySenator Martin Golden and strongly supportedby Senator Diane Savino, a ormer Adminis-tration or Child Services worker and SSEULocal 371 vice president. She noted that eventhough child welare has changed drasticallysince she joined civil service 22 years ago, thedangers acing social service workers have notsubsided. With the wave o violence against

    workers on the job, Senator Savino said, thetime was right or the bills enactment.

    Sat oba

    The Senate passed the bill in February andcurrently awaits approval rom the Assembly.Assembly Member Peter Rivera told report-ers that he was working hard to convince his

    colleagues to switly approve the measure,and he was confdent that enough memberscould be persuaded. Senator Savino said themeasure was common sense. Such protec-tion should be extended to our social serviceemployees, she said.

    Deputy Mayor Gibbs said, It is time thatwe showed our respect or their commit-ment by recognizing an assault on them asno less than an assault on a uniormed andarmed employee.

    Homeless Services Commissioner SethDiamond added, Our rontline staers haveextremely tough jobs, each day providing

    8 Th Uiist | Ma 2012

    Social Service Employees Union

    Local 371

    817 Broadway

    New York, N.Y. 10003

    Periodicals Postage

    Paid at New York, NY

    The Time Is Now!

    condolenes are extended to Priscilla Paxton on

    the death of her daughter, Ayanah Monet Paxton,

    April 30. Condolences may be sent to Priscilla

    Paxton, 250 Livingston Street, Fourth Floor, Brook-

    lyn, NY 11201.

    condolenes are extended to Clara Bassy on the

    death of her sister last month. Condolences may

    be sent to Clara Bassy, 250 Livingston Street,

    Sixth Floor, Brooklyn, NY 11201.

    condolenes are extended to Executive Commit-

    tee Member Sylvia Quinones on the death of her

    mother, Anna Quinones. Condolences may be sent

    to Sylvia Quinones, 645 Prospect Ave., Apt. #106,

    Bronx, NY 10455.

    Condolences

    Continued rom page 1 homeless amilies and individuals with thehighest level o service in shelter. They put

    their hearts into their work. He continued,It is essential that our employees eel saein the workplace and have legal protectionsagainst violence by clients.

    Many members o the Senate and theState Assembly are in accordance withSSEU Local 371. I am proud to havesponsored this legislation that will rightlyprotect social service workers and juveniledetention agency employees, said SenatorMartin Golden, who urges his colleagues inthe State Assembly to approve the bill.

    The City Hall demonstration, which wascovered by multiple broadcast news outlets,was only one part o a general spring-timelobbying push by SSEU Local 371 to notonly pass the Assault Bill but quash the Gov-ernors Medicaid Redesign Teams plan toeliminate the CASA program. The devastat-ing move could result in the termination o700 o our members and put thousands osenior citizens currently receiving in-homecare in nursing homes.

    In addition to writing letters to AssemblyMembers and Assembly Speaker Sheldon

    Silver, Union ofcials descended on Al-bany May 1 to lobby lawmakers. AssemblyMember Rivera held a press conerence inthe aternoon once again demonstrating hissupport or SSEU Local 371.

    This support rom members o bothhouses, rom the deputy mayor and romthe commissioners or the SSEU Local371 agenda really shows how powerulrank-and-fle political mobilization is, saidMichelle Akyempong, the Unions VicePresident o Political Action. We haveproven, once again, that we are a mighty,mighty union.

    SWAP- SUP I at Long Term Home Health Care

    Program at 30 Rockwell Place in Brooklyn would

    like to swap to a Sup I non-feld position in Lower

    Manhattan or Midtown Manhattan. I interested,

    call (718) 330-2293.

    SWAP- JOS at (Center 17) 132 West 125th Street

    in Manhattan would like to swap with JOS at (Center

    47) 275 Bergen Street, Brooklyn. I interested, call

    (917) 306-2030.

    SWAP- Caseworker at HHC at 3424 Kossuth

    Avenue in the Bronx would like to swap with

    Caseworker in Manhattan or Brooklyn. I interested,

    call (718) 642-7451.

    SWAP- Community Assistant at 78 Catherine

    Street would like to swap with Community Assistant

    at 300 Skillman Avenue, Brooklyn. I interested, call(212) 877-4434.

    SWAP-AJOS at (Center 67) 45 Hoyt Street, Brooklynwould like to swap with AJOS at (Center 54) 165-08

    88th Street, Jamaica, Queens. If interested, contact

    (347) 995-6127.

    SWAP- Caseworker at OCSE in Manhattan would

    like to swap with Field Caseworker in HASA in

    Brooklyn or any non-feld position in Brooklyn or

    Manhattan. I interested, call (917) 723-0956.

    SWAP- Caseworker at HASA in Manhattan

    Homemaking Unit non-feld position. Would like

    to swap with Caseworker in Queens. I interested,

    contact (212) 620-9817.

    SWAP- AJOS worker at (Center 99) in Rich-

    mond, Staten Island would like to swap sites to

    109 East 16th Street, Manhattan. I interested,

    contact (347) 398-4891.

    SWAP- Caseworker at HASA Queensboro Ofce

    located at 33-28 Northern Blvd, Queens, would like

    to swap to HASA/Greenwood or HASA/ Brownsville.

    I interested, call (917) 226-5931.

    SWAP- Supervisor I at APS in Manhattan (South)

    would like to swap with a non-feld Supervisor I posi-

    tion in lower downtown Manhattan or upper midtown

    Manhattan. I interested, call (212) 971-2894.

    BULLETIN BOARDMEMBERS