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December 2012 Reporter

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SEANC Has Strong Showing in Election

90% of EMPAC-Endorsed

Candidates Win; Coleman Comes Up Just Short

SEANC’s influence as a major player in North Carolina politics was further solidified in the 2012 election, when more than 90 percent of the candidates endorsed by EMPAC won their races for statewide and General Assembly offices.

Four of the five statewide candidates EMPAC endorsed were winners, including Elaine Marshall for secretary of state, June Atkinson for state superintendent of public instruction, Beth Wood for state auditor and Steve Troxler for commissioner of agriculture.

Of the 67 legislative candidates that EMPAC endorsed, all but eight won. Almost half of the N.C. Senate members and nearly a third of all N.C. House members in the upcoming General Assembly were endorsed by EMPAC.

In one of the closest races in the nation, Linda Coleman nearly pulled off a victory in the lieutenant governor’s race thanks to SEANC members’ hard work on her behalf.

In the end, the forces working against Coleman were too powerful: a loss by President Obama in North Carolina and a double-digit loss for Walter Dalton in the governor’s race meant Coleman received little help from the major candidates in her party. But even with Dalton’s lackluster numbers, she nearly pulled it off. She received more votes than the president and Dalton, and came within 6,858 votes — out of more than 4.3 million total — of winning in a year when the Republicans swept the top two spots on the ballot with ease.

EMPAC-Endorsed Winners

For a complete list of statewide and General Assembly winners who were endorsed by EMPAC, turn to page 4.

their support for Coleman even in defeat. The TV and radio commercials, web advertising and robocalls to members and the public helped get out the vote. Members made phone calls, put their boots on the ground and their hearts on the line for one of SEANC’s own because it was the right thing to do.

“With all the odds stacked against her, the grassroots effort from members allowed Linda to remain far more competitive than most expected,” said SEANC Executive Director Dana Cope. “I strongly believe that if we don’t swing for the fences, we’re never going to hit a home run. This race was unbelievably close, and should serve notice that SEANC and its members are a force to be reckoned with in state politics.”

“I strongly believe that if we don’t swing for the fences, we’re never going to hit a home run. This race was unbelievably close, and should serve notice that SEANC and its members are a force to be reckoned with in state politics.”

SEANC Executive Director Dana Cope

A 30-year SEANC member, Coleman became SEANC’s hero back in 2005 when she single-handedly held up the state budget in support of vital public services and the people who provide them. No politician has done that before or since for state employees. In 2008, Coleman was awarded the first EMPAC Legislator of the Year Award for her efforts to secure pay raises for state employees.

Cope said SEANC would work with the new administration to make sure those who provide valuable public services always have a voice in Raleigh.

Once the provisional ballots had been counted, Coleman decided against calling for a recount in the lieutenant governor’s race that would have cost the state millions of dollars, instead graciously conceding the office to Dan Forest.

SEANC members should stand tall and be proud of

“I congratulate Dan Forest on a hard-fought win,” Cope said. “Now that the election is over, we must work with the newly elected administration to continue making North Carolina a great place to work and live.”

jowens@seanc.org

Counselor’s Comments

Proposed rules show why SPA matters

The State Personnel Commission (SPC) has just issued proposed rules that drive home why it would be harmful to UNC employees if a law is passed exempting them from the State Personnel Act (SPA).

Unlike the SPC, the UNC system is exempt from the rulemaking requirements of the Administrative Procedures Act (APA). It is not subject to the APA process that requires a public hearing on proposed rule changes as well as the opportunity for members of the public — including state employees — to send the rules to the General Assembly for review before they take effect. So if SEANC’s efforts are unsuccessful in attempting to halt passage of future SPA-exemption legislation for UNC employees, they will have no way to block adoption of any employeeharmful personnel rules proposed by the UNC Board of Governors through the APA process.

as necessary fight the implementation of this and other proposed employee-detrimental rules from taking effect. First, we plan to submit written comments to the Office of State Personnel (OSP) during the public comments period required by the APA. This may result in the OSP recommending to the SPC that it change its proposed rules. If this does not work, SEANC will seek to have the SPC change its proposals by speaking at the public meeting during which the SPC will consider adopting the proposals as final rules.

And if that move still does not get the desired result, SEANC will take the next step of objecting to the rules when that are under review at the Rules Review Commission (RRC).

Finally, if all of those steps do not get the results we seek, SEANC will collect and file 10 written objections with the RCC, which will cause the effective date of the rules to be delayed until the General Assembly convenes and has at least thirty days to review them and fill a bill to nullify the rules.

The SPC’s proposal attempts to conform its current rules on employee reduction-in-force (RIF) rights to changes made to the RIF-rights statute during the 2011 legislative session. While the proposal has several questionable provisions, the one that is clearly most detrimental to state employees would result in employees’ losing their RIF rights if they decline a permanent position within 35 miles of their current work station, regardless of the salary or classification of the offered position. Thus, employees notified of a RIF could be offered a permanent position with substantially lower pay and salary grade and, whether the employee accepts that offer or not, they would lose their priority re-employment rights.

This proposal is unnecessarily harsh to state employees. Not only is the policy not mandated by the RIF-rights statute, it is questionable whether it is even legal according to that statute, which gives employees priority re-employment rights that last 12 months from the date they receive notice of their RIF. There is no mention in the statute of their losing the RIF rights under any circumstances.

SEANC plans to use as much of the APA process

The APA process for preventing new rules from taking effect is an important tool that SEANC has used successfully in the past to protect state employees from the adoption harmful personnel rules. If UNC employees are exempted from the SPA, SEANC would not have this tool available to stop UNC from adopting harmful personnel policies because the APA process does not apply to UNC.

tharris@seanc.org

The Reporter, USPS 009-852 (ISSN 1069 2142), is published nine times a year in the months of February, March, April, May, June, July, September, November and December for $2.50 per year, per member, by the State Employees Association of North Carolina, Inc., P.O. Drawer 27727, Raleigh, NC 27611-7727. Periodicals postage paid at Raleigh, NC, and additional offices.

POSTMASTER

Send address changes to: THE REPORTER P.O. Drawer 27727 Raleigh, NC 27611-7727

Harris

SEANC-Endorsed Candidates Who Won in 2012

Statewide

n Elaine Marshall for secretary of state

n June Atkinson for state superintendent

n Beth Wood for state auditor

n Steve Troxler for secretary of agriculture

N.C. House

District 4 Jimmy Dixon

District 5 Annie Ward Mobley

District 6 Paul Tine

District 7 Angela R. Bryant

District 11 Duane Hall

District 12 George Graham

District 18 Susi Hamilton

District 22 William Brisson

District 26 Leo Daughtry

District 27 Michael H. Wray

District 28 J.H. Langdon, Jr.

District 30 Paul Luebke

District 32 Nathan Baskerville

District 33 Rosa U. Gill

District 36 Nelson Dollar

District 37 Paul Stam

District 38 Yvonne Lewis Holley

District 39 Darren Jackson

District 41 Tom Murry

District 50 Valerie Foushee

District 57 Mary (Pricey) Harrison

District 58 Alma Adams

District 59 Jon Hardister

District 60 Marcus Brandon

District 62 John M. Blust

District 64 Dennis Riddell

District 70 Pat B. Hurley

District 71 Evelyn Terry

District 72 Edward (Ed) Hanes Jr.

District 77 Harry Warren

District 78 Allen Ray McNeill

District 80 Jerry Dockham

District 83 Linda P. Johnson

District 88 Rob Bryan

District 94 Jeffrey Elmore

District 95 C. Robert Brawley

District 114 Susan C. Fisher

District 117 Chuck McGrady

Lower your prescription drug costs by making better decisions about your medication. Visit mydrugcosts.com and learn more about how you can save money

N.C. Senate

District 4 Ed Jones

District 5 Don Davis

District 8 Bill Rabon

District 9 Thom Goolsby

District 10 Brent Jackson

District 13 Michael Walters

District 14 Dan Blue

District 16 Josh Stein

District 19 Wesley Meredith

District 21 Robert B. Clark III

District 22 Mike Woodard

District 23 Ellie Kinnaird

District 25 Gene McLaurin

District 26 Philip E. (Phil) Berger

District 28 Gladys A. Robinson

District 32 Earline W. Parmon

District 33 Stan Bingham

District 36 Fletcher L. Hartsell Jr.

District 45 Dan Soucek

District 48 Tom Apodaca

District 49 Martin L. Nesbitt T H E

toni Davis, Editor-In-Chief

Jonathan owens, Managing Editor aliCia miller, Associate Editor Johnny Davison, Associate Editor

State Employees Association of North Carolina P.O. Drawer 27727 • Raleigh, NC 27611 1621 Midtown Place • Raleigh, NC 27609 Telephone 919-833-6436, 800-222-2758

www.seanc.org

Advertising Policy

SEANC accepts advertising material from companies and persons seeking to communicate with SEANC members. Acceptance of this advertising does not indicate SEANC approval or endorsement of any representation that the message, product or service is as represented by the advertiser. SEANC accepts no responsibility and shall not be liable for any use of or reliance on any such information, product or service. SEANC is a private entity and is under no obligation to carry advertisements of any nature, political or otherwise, that may be viewed as contrary to the interests of the association and its membership.

Quotes to Note

“If we had it to do over again, we wouldn’t have changed a thing on our side. But now that the race is over, I congratulate Dan Forest on his win and pledge to work with him. State employees are going to back strongly, regardless of political party, those who value quality public service, who want to help protect the tax payers of North Carolina, who fight for working families. I hope Forest does that.”

SEANC Executive Director Dana Cope in a Nov. 19 News & Observer article, “Linda Coleman concedes, Dan Forest next lieutenant governor”

“There are a lot of times I’ve had to stick up for my employees, and to fight for them during budget sessions, and I think they’ve noticed that.”

Secretary of Agriculture Steve Troxler, highlighting his EMPAC endorsement in an Oct. 16 News & Observer article, “Agriculture commissioner candidates offer divergent visions”

“We’re going to do the maximum support that we can to help make sure that every vote that was cast is properly counted.”

SEANC Political Director Kevin LeCount on the tight race for lieutenant governor in a Nov. 7 Associated Press article, “Race for N.C. lieutenant governor not over yet”

“Publicly disclosing what turns out to be an unfounded accusation is not only unfair but could be a violation of an employee’s constitutional right to due process and equal protection.”

SEANC Legislative Affairs Director Ardis Watkins, on state employees’ right to privacy in personnel matters in a Nov. 2 News & Observer article, “Candidates for governor support prying open some government records”

FRoM SEANC

SoCIAl MEDIA

My vote was cast yesterday and my choice was Linda Coleman for Lt. Governor.

District 5 member Douglas Bannister on Oct. 25 in response to The Charlotte Observer’s endorsement of Linda Coleman.

Linda Coleman is a first-class person and a staunch defender of working people. We were proud to stand with her in this election.

@SEANC2008 on Nov. 19 after Linda Coleman announced she would not seek a recount

Be sure to follow the association’s Twitter feed @seanc2008 and “Like” SEANC on Facebook at facebook.com/seanc.Local2008

STATE HEAlTH PlAN

New Medicare Drug Plan Eliminates Donut Hole

If you are a Medicare-eligible State Health Plan member, important changes are in store for your prescription drug plan.

The State Health Plan will implement an Express Scripts Medicare™ Part D Prescription Drug Plan for all Medicare-eligible members effective Jan. 1, 2013.

As part of this change, the coverage gap known as the “donut hole” will be eliminated. Out-of-pocket costs will remain capped at $2,500 annually and co-pay levels will remain the same, with the exception of some specialty medications which may cost less. Diabetic supplies and immunizations will remain covered.

The plan adds numerous additional benefits.

Members will no longer have to pay the cost difference on brand name drugs with a generic equivalent. It offers a premium reduction of more than $50 per month on dependent coverage for Medicare-eligible dependents, as well as the availability of specialty medications at any in-network pharmacy and no copay for 31 days of over-the-counter heartburn medications with a prescription.

Medicare retirees are automatically enrolled in the new plan unless you opt out. If you wish to opt out, you should immediately call State Health Plan Customer Service at 888234-2416.

Prior authorizations for medications will not carry over to this new plan. Members will need to obtain a new authorization within 60 days of their effective date. To initiate a new review, call 800-935-6103. You will receive a one-time transition supply (31 days) until you obtain a new prior authorization.

The new plan also switches a member’s pharmacy benefit to a calendar year, which means your out-of-pocket maximums do not change, but will start over Jan. 1, 2013. The pharmacy out-of-pocket maximum of $2,500 will be cut in half to $1,250 for the period July 1-Dec. 31, 2012. Refunds for the total amount over $1,250 will be issued the first quarter of 2013.

If you have questions, please visit tinyurl.com/cj5xrm8 or the State Health Plan website at www.shpnc.org

cstone@seanc.org

Two from SEANC win Governor’s Awards

SEANC congratulates two members for their recognition as 2012 recipients of the Governor’s Awards for Excellence.

Safety

Michael Southern District 44 Department of Cultural Resources

The Ferry Division of the N.C. Department of Transportation, which includes several SEANC members, was also honored.

District 10 member

Kenneth Richardson, an officer at Albemarle Correctional Institution, won two tickets to the UNC vs. Idaho football game on Sept. 29 as part of a member recruitment drive.

SEANC Hits the Polls on Election Day

Members were out in full force on Nov. 6 to spread the word about Linda Coleman’s campaign all over the state.

22 member Donna

places a sign out in support of linda Coleman at a Cumberland County polling place on Election Day.

District 60 Vice Chairman lloyd Kline speaks to a voter about linda Coleman’s candidacy for lieutenant governor.
District
Maguire
District 60 Chairwoman Hiawatha Jones speaks with a potential linda Coleman voter at the Wayne County library on Election Day.
District 59 members lorice Worrells, William berry and Carolyn Sutton Woodman show their support for linda Coleman at a precinct in Wayne County.

P.O. Drawer 27727

Raleigh, NC 27611

State sides with SEANC on Unfair X-Ray Billing

The N.C. Department of Insurance ruled in SEANC’s favor on Nov. 16 in the association’s fight to stop double billing by hospitals on radiological exams.

The decision will save the State Health Plan and its members more than $5 million annually. SEANC partnered with Blue Cross Blue Shield of North Carolina, who administers the State Health Plan, in the fight.

“This decision is only fair, and will save our members money,” said SEANC Executive Director Dana Cope. “We applaud the Department of Insurance for standing up for working families who already pay far too much for health care.”

patients each time an image was taken for so-called “technical component” fees on services like preparing an exam room or setting up IV fluids – even though those services had only been performed once during the session.

The Department of Insurance ruled that BCBSNC could move forward with a proposed policy to stop paying double for those services once – similar to how Medicare reimburses for radiology procedures.

The complaint stemmed from an unfair but not uncommon practice where hospitals and providers charge

The fight began in September 2011 and the state initially sided with the providers. SEANC then joined the fight, filing legal briefs in support of BCBSNC’s policy, which led to last month’s decision.

Providers and medical groups have vowed to continue to fight the ruling by appealing it to Superior Court.

jowens@seanc.org

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