April-May 2013 Martin J. Toledo President 702-757-8229 [email protected] M e m b e r ’s B u l l e t i n Message from the LVCEA President: Henry Lujan Vice President 702-807-5357 [email protected] Julie Shelton Secretary 702-556-0064 [email protected] Dear LVCEA Members, It is with deep regret and after intense contemplation that I have come to the decision that I must step down from my position as President of the LVCEA, effective as of May 30, 2013, due to a serious medical condition requiring my attention. I will be returning to my previous position as supervisor in Parks, Recreation and Neighborhood Services. I feel a duty to explain to the membership the basis of my decision. As some of you may know from working with me over the years and some may know from my distant past updates on the city intranet, I am a cancer survivor. I have been extremely blessed to have survived Non -Hodgkin’s Lymphoma, Burkitt’s Type, High Grade Aggressive (a blood cell cancer) three times and basil cell skin cancer, once. I would imagine we all know someone who has joined the “cancer club” through no choice of our own or known someone affected or lost someone to this disease. I absolutely despise this disease. My journey into what I call my “Dance with the Dragon” (cancer journey) began on April 25, 2002. Please keep this foregoing date in mind. Initially, I went through chemotherapy in 2002 and relapsed in April 2003. In July 2003, I had to undergo an autologous stem cell transplant (utilizing my own stem cells) in order to attempt to get rid of the cancer. The autologous stem cell transplant failed and I relapsed in April 2004. As you can see, April is my favorite month. I then had to undergo an allogeneic stem cell transplant where I would receive the stem cells from a preferably related donor or a match unrelated donor. I’m sure you now understand why this form of Non-Hodgkin’s Lymphoma, Burkitt’s type is called “High Grade Aggressive.” Continued on Page 2 Sherry Bonnett Treasurer 702-787-8136 [email protected] Peter Jackson Trustee 702-806-4650 [email protected] Theresa Caruso Trustee 702-533-4175 [email protected] Shani Coleman Trustee 702-561-5495 [email protected] Jeffrey F. Allen General Counsel 702-595-1127 [email protected] Bernie Luces Senior Office Assistant [email protected] Jennifer Luther Office Assistant [email protected] LVCEA Hours of Operations: Monday to Thursday 7:00AM-5:30PM OPEN during Lunch Hours Closed on Friday-Sunday and Holidays Tel. 702-649-6606 * Fax 702-649-2135 Email: [email protected] [email protected] Page 2 M e mb e r ’ s L V C E A B u l l e t i n Continued from Page 1 Message from the LVCEA President: By the grace of the heavens above, my brother Tom was my exact match for the allogeneic stem cell transplant. I received his stem cells on August 13, 2004 (my cancer-versary). In essence, I now have an immune system created by my brother Tom as my own immune system. As a result of the stem cell transplant(s), I experience what is known as Graft Versus Host Disease (GVHD), where my existing stem cells (specifically, immune system) constantly try to reject the stem cells of my brother. An analogy would be that of a kidney transplant where the donor kidney is under siege by the host body. GVHD is a systemic disease where the body is under attack of all major systems of the body - skin, gastrointestinal, pulmonary, cardiac, renal, nervous system, etc. If you recall, I asked that you keep in mind the April 25, 2002, date as I have to point out to you all the most unexplainable irony of all, that being my scheduled six month checkup date with my oncologist scheduled for April 25, 2013. I basically live my life in increments of 180 days from CAT scan to CAT scan. I feel fortunate to be at six month intervals when at a point in time I was at 30 day increments. And I am sure we all have at some time lived in seconds, minutes, hours and days through varying situations, both pleasant and unpleasant. The results of the appointment revealed that due to the steep increase in the GVHD activity and the increase in certain markers, I have to undergo a treatment regimen that will address the GVHD and markers thus decreasing the opportunity for a full blown relapse to occur. I have a six month window until October 2013 in an attempt to resolve these issues. I cannot, I will not, continue to undertake the responsibilities of the LVCEA Presidency if I am unable to properly devote 100 percent of my time to this position. It is unfair to the membership, unfair to the LVCEA Board and a miscarriage of my commitment to the membership to do less than what is required of me in this capacity. I realize this is yet another transition of leadership for the LVCEA. For this, I apologize. I am very humbled, honored and privileged to have served at the LVCEA. I feel very fortunate to have met so many outstanding City of Las Vegas employees. It is critically important that all LVCEA members stand united in support of our association as we move forward in our dealings with the City of Las Vegas. My most sincere appreciation and thanks. Martin (Marty) Toledo LVCEA President Page 3 M e mb e r ’ s L V C E A B u l l e t i n Legal Corner by: Jeffrey F. Allen, Esq. MAKE SURE YOUR INSURANCE COMPANY IS TREATING YOU FAIRLY- AND WHAT TO DO IF THEY ARE NOT Some of you may have heard that our new insurance provider, Health Plan of Nevada (“HPN”), was just successfully sued in connection with the fiasco that occurred at the Endoscopy Center of Southern Nevada. Specifically, three plaintiffs- one of whom contracted Hepatitis C as a result of the negligent and potentially criminal actions of Dr. Dipak Desai- recovered 24 million dollars in compensatory damages from HPN. The basis for their civil action was that HPN acted in bad faith by including Dr. Desai and his clinic on the list of HPN’s network providers. Having recovered these compensatory damages, the plaintiffs and their attorney then obtained punitive damages of five hundred million dollars from HPN. This lawsuit illustrates a few things. First, juries don’t like insurance companies, which are viewed as heartless entities who place corporate profits ahead of the individuals that they insure. Second, because insurance companies are in a position of trust and power relative to the individuals that they insure, they are deemed to owe a special duty of care to insured's that is similar to a fiduciary duty. In legal terms, insurance companies owe a duty of good faith and fair dealing to their insured's. That is important for you because it is a fact that you can use to your advantage in the event that HPN fails to act in good faith towards you. For example, if HPN improperly denies coverage on a claim for benefits, you ultimately have the option of initiating a legal action against HPN. Your primary claim would be for breach of contract. Make no mistake about it, you and HPN are parties to a contract in which HPN provides you with medical insurance in exchange for a monthly premium (of which the City pays a portion). If you prevail on your primary claim of breach of contract, you would be entitled to recover whatever out-of-pocket losses you sustained as a result of HPN’s breach. Thus, if you obtained medical treatment that should have been covered under the insurance policy, but HPN failed to extend coverage thereby causing the doctor’s office to look to you for payment, you would be entitled to recover the cost of the doctor’s bill from HPN. Your secondary claim is for “breach of the implied covenant of good faith and fair dealing.” Trust me when I tell you that just the threat of this claim will prompt HPN (or any insurance company) to adhere to their contractual obligations with vigor and they will likely give you the benefit of the doubt as to any grey areas. This is because, like the plaintiffs discussed above, if you succeed on your claim for breach of the implied covenant of good faith and fair dealing, you could recover not just out-of-pocket costs, but pain and suffering and even punitive damages as well. To be clear, I am not suggesting that you can say the magic words “breach of duty of good faith” and HPN will acquiesce to your every demand. You would have no gripe if HPN is faithfully following the insurance contract. So the question then becomes, how do you know whether HPN is fulfilling its contractual obligations? The answer is that you need to review your insurance contract and be knowledgeable as to your health benefits, your reporting requirements, your appeals rights, etc. This information is compiled in a voluminous document created by HPN which is entitled “Evidence of Coverage.” This document should have been mailed to you along with your insurance card. If you still have questions after reviewing this document or if HPN has treated you unfairly in your estimation, you can always call the LVCEA and we will help. Ultimately, I know a lot of you are upset that your insurance benefits were changed (in many respects for the worse). Unfortunately, the City had the ability to make these changes because of the permissive language on medical insurance that is contained in your governing Collective Bargaining Agreement- language that was first put in place nearly a decade ago. Because you are stuck with this insurance, you need to do everything you can to maximize the benefits that you can realize from it. Again, the way to do that is to know your rights. Get pre-authorization for foreseeable medical events, go through your primary care physician whenever practical to do so, use preferred prescriptions and, in general, follow the rules as best you can. If you do so and HPN treats you unfairly, you absolutely do have legal options. Page 4 M e mb e r ’ s L V C E A B u l l e t i n Voting Locations June 11th (Tues) June 12th (Wed) June 13th (Thurs) 5:30a.m. – 8:00a.m. West Service Center Location: Garage 5:30a.m. – 8:00a.m. East Service Center Location: Parks/Traffic Room 7:30a.m. – 10:00a.m. City Hall Location: Café Now 9:00a.m. – 1:00p.m. City Hall Location: Lobby 10:00a.m. – 1:00p.m. Regional Justice Center Location: Rm2153 Small Admin Conf Room 11:00a.m. – 1:00p.m. DSC Location: 2nd Floor 2:30p.m. – 4:30p.m. DSC Location: 2nd Floor 2:00p.m. – 4:00p.m. WPCF Location: Meeting Room 2:00p.m. – 4:00p.m. Regional Justice Center Location: Rm2153 Small Admin Conf Room Early Voting at the LVCEA Office: Begins on May 29, 2013 and Ends on June 6, 2013 (Mon-Thurs from 8:00am-5:00pm) Final day of Voting is June 13, 2013 from 7:30a.m. - 4:00p.m. at City Hall, DSC and RJC All voting ends at 4:00pm, counting of votes will commence at 5:00pm at the LVCEA Office At conclusion, all candidates who can be contacted will be notified of the results on June 17th, 2013 (Monday) Results will be published to the Membership via email and posting on the LVCEA Web Site ID MUST be presented at the voting station before you are able to vote! Frank (Franco) Rodriguez, Election Chair Page 5 M e mb e r ’ s L V C E A B u l l e t i n Don’t Forget the 2013 LVCEA Election Day Early Voting May 29– June6, 2013 Here are your Candidates: Vice President Position: Henry Lujan Cynthia (Cyndi) Leavitt Treasurer Position: Sherry Bonnett Val Sharp Trustee Position: Mark Avis John Balodis Rodney Lister John Meier Page 6 M e mb e r ’ s L V C E A B u l l e t i n Recaps for the Month of April: April has come and gone by and I would like to take this opportunity to recap what has happened during the month of April. April was indeed a busy month for the LVCEA Board and Staff. The month began with the LVCEA Board becoming aware of the City attempting to change the Deferred Compensation Providers from two providers at present, International City Manager’s Association (ICMA) and Hartford/Mass Mutual to a single provider namely, ICMA. We entered into discussions with the International Association of Firefighters (IAFF) City of Las Vegas Fire Union President, Scott Johnson and his first Vice President, John Kelly as well as keeping the Las Vegas Peace Officers Association (LVPOA) President Mark Bunnell in the loop and began the information gathering process with Hartford/Mass Mutual to understand the process the City was going about to change the Deferred Compensation Providers. Through the collective efforts between LVCEA and City IAFF, we began meeting with City Manager Betsy Fretwell and Chief Financial Officer Mark Vincent to express our position that it was not appropriate, in our opinion, to make a unilateral business decision for our employees without a reasonable degree of input from City Fire represented employees/ participants and more importantly, LVCEA represented employees/participants in the Deferred Compensation Plan. LVCEA represented employees are the largest group of participants in the Deferred Compensation Plan. Retirees are also a fairly sizeable group. It is entirely logical that we ought to have a say in the investment choices of our hard earned money. The LVCEA and City of Las Vegas IAFF began meeting with members of the City Council and shared our displeasure at the process utilized in changing the Deferred Compensation Provider and gained an agreement with the City Manager to pull this item from the April 17, 2013 City Council Agenda. This item was again placed on the May 15, 2013 City Council Agenda so that Hartford/Mass Mutual could present their protest over the process used to arrive at a single Deferred Compensation Provider. The Protest was held in abeyance until the June 5, 2013 Council Meeting so the City can offer a series of informational meetings to employees explaining the reasons to reduce down to a single provider, ICMA. By the actions of LVCEA employees, Retirees, IAFF employees in email campaigns, phone contact, joint venture of the City of Las Vegas Employee Unions, you all made your voice heard to the City Council and put them on notice to allow us the choice of which company we wish to invest our hard earned dollars. Additionally in April, the Human Resources Department released both the Office Specialist Series and Business Specialist Series which are Segal Study holdovers from nearly two years ago. The LVCEA will be going before the Civil Service Board on May 22, 2013, to oppose the consolidation of both of these series. M e mb e r ’ s L V C E A B u l l e t i n Page 7 Continued from Page 6 The LVCEA has also make good faith attempts in trying to resolve the Skilled Trades Alignment Series with the City to no avail. Our counterproposal was met with a City counteroffer including information that we disagree with as a basis to discuss pay grades. We will stand firm in our position of not harming employees in the Skilled Trades with a City proposal that is less than beneficial to our employees. The LVCEA has opposed the pay grades for the new Traffic Enforcement Field Operations (TEFO) Technician Series as we believe the City is not willing to recognize nor pay our employees for the advanced certifications, licenses, or journeyman cards required of these new positions. We also held our General Membership Meeting April 24, 2013 in the City Council Chambers and addressed Bylaw changes and accepted nominations for the upcoming election for the Office of Vice President, Treasurer and Trustee position. There are a multitude of other issues we covered during the month of April dealing with assisting our employees with various matters, meeting with Human Resources on Labor related items and continual support and representation of LVCEA employees. Thank you for your continued support. Martin J. Toledo, LVCEA President Welcome New LVCEA Members! Kowan Connolly Jessica Tirado Jesus Montanez Luz Delgado Howard Shaffer Penny Peterson Lisa Gargano Nicole Eddowes Grant Strong Gary Friedland M e mb e r ’ s L V C E A B u l l e t i n Page 8 April Birthdays Michael Ahlert Robert Bell Dawn Boyer Danny Bradshaw Bruce Breed Dorothy Caridine Angelo Coleman Dianne Collins Christopher Dizon Scott Dycus Donald Ernst Christopher Favazza William Federson Joy Fickel Rochelle Fischer Richard Fitzpatrick Camille Franklin Tina Gdowski Beverly Golston Rodney Hall Jeffery Hall Kristina Hayes Steven Horlock Angie Horn Lee Jaszkowski Robert Jeannotte Jamelle Johnson Justin Krueger Nora Lares Kevin Larosee William Logan Peter Lowenstein Louise Lucci Deborah Massey Crista Missick Cindy Mori Horace Mullinax Barney Sue Perkins Mark Potokar Peter Priest Peter Priest Jennifer Rabanes Charles Reichold Aletta Rowry Phyllis Sargent Bradley Schirmer Lauren Storla Fred Thomas Maria Vigil David Walker Janet White Rebecca Whitlock Tommy Wilson Mike Worthington May Birthdays Summer Abrego Scott Auyong Edward Ballard Eric Bordenave Todd Braunstein Katherine Burkhardt Paul Burkin Lee Ann Burton Michael Campbell Gabriel Caraveo Darnell Conway Jon Cook Rosa Cortez Nick Davis Luz Delgado Daniel Delgado Jason Emmenegger Ingrid Friedland Todd Friley Monique Fuller Jerry Gonzales Linda Goodrie Katherine Gore Wanda Harmon Stacy Huddleston Brandi Jacks Macon Jackson Jacqueline Jackson Diane Johnson Mary Lawrence Henry Lujan James Marshall Richard Marston Joshua Nelson Lisa Oatley Vicki Ozuna Robert Phebus Julie Quisenberry Alfredo Ramos Mark Rex Daniel Rivers Darren Ruesch Vincent Salomone Geoffrey Sauter Marlene Siska Daniel Sosa James Spencer Jerry Taylor Hayley Taylor Monica Tejeda Wet Thomas Connie Thorpe Gina Marie Venglass Michael Vlaovich Cathy Watson Ryan Westrup Patricia Williams Steven Wright Susan Yang Timothy Zora M e mb e r ’ s L V C E A B u l l e t i n Page 9 LVCEA Representatives Names Work # E-mail Reps at Large Jason Lupiani 229-2168 [email protected] Gary Myers 229-0699 [email protected] Val Sharp 229-5250 [email protected] LVCEA Reps Mark Avis 229-1821 [email protected] Jordan Bridges 229-8103 [email protected] DeAndre Caruthers ** [email protected] Sherie King 229-6531 [email protected] Latosha James 229-6872 [email protected] Cyndi Leavitt 229-6480 [email protected] Erica Ragland 229-1885 [email protected] Daniel Rivers 229-6075 [email protected] Murray Smith 229-1515 [email protected] Site/Info Reps Nikki Adams 229-4616 [email protected] Roger Bailey 229-2196 [email protected] David Beske ** [email protected] Gheorghe Botosanu 229-6780 [email protected] Larry Carlson (Swing Shift) 229-6075 [email protected] Monique Fuller 229-5942 [email protected] Paul Smith ** [email protected] Board's Assigned Departments Julie Shelton D&E, Finance, backup to O&M, backup to PRNS Sherry Bonnett Muni Court, PRNS, OCA Peter Jackson O&M, Planning, B&S Theresa Caruso Communications, City Hall, City Clerks, IT Shani Coleman Public Works, Fire, EUD Page 10 M e mb e r ’ s L V C E A B u l l e t i n Page 11 M e mb e r ’ s L V C E A B u l l e t i n Page 12 M e mb e r ’ s L V C E A B u l l e t i n M e mb e r ’ s L V C E A B u l l e t i n Page 13 Movie Tickets: SeaWorld: $6.50 (each) No Expiration Date $58.00Adult/Child (Single Day) These are available at LVCEA Office or http://seaworldparks.com/en/seaworld-sandiego Knott’s Berry Farm: $31.00 Adult $21.00 Junior/Senior These are available on LVCEA website only Knott’s Soak City: $23.00 Adult $20.00 Junior/Senior These are available on LVCEA website only Legoland: Hopper $ 66.00 Adult/Child same price (3 day Hopper) These are available on LVCEA Website only Universal Studios: $10.00 off the Price Adult/Child These are available on LVCEA website only http://www.universalfanclub.com/specials/ Six Flags Magic Mountain and Hurricane These are available on LVCEA website only For all other Discounts please call our Office and inquire within Main Office: 702-649-6606 Page 14 M e mb e r ’ s L V C E A B u l l e t i n M e mb e r ’ s L V C E A B u l l e t i n Page 15 LVCEA Members’ Discounts Get $75 back on DISH Network Service CALL 888-515-5919 or click here to order DISH Network http://www.connectyourhome.com/edp/index.php?promo=0840701 use promo code: 0840701 Receive a $75 Prepaid Visa card in addition to the current DISH Network promotion when you order your new service through this offer! Order today as a new customer and you also get: Packages starting at just $19.99/mo 30 premium movie channels FREE for 3 months FREE BLOCKBUSTER for 3 Months FREE Standard Installation HD FREE for Life FREE HD DVR *$75 Prepaid Visa card is provided by Connect Your Home, and only valid to customers that purchase through this offer. Prices are subject to change without notice. Click or call for complete details and restrictions. Protect Your Home – Authorized ADT Dealer Discount Offer CALL 888-515-5919 or click here to order ADT http://www.connectyourhome.com/edp/index.php?promo=0840703 use promo code: 0840703 Receive a $100 Prepaid Visa card and a FREE ADT Monitored Security System* valued at $850 for no activation or equipment costs, and only $99 to completely install. Order today as a new customer through this offer and you also get: Free keychain remote valued at $120 Front and Back Door protection Infrared Interior Motion Detector Interior Siren * $100 VISA Gift Card fulfilled by Protect Your Home through third-party provider, Connect Your Home, upon installation of a security system and requires a 36- Month Monitoring Agreement required at $35.99 per month ($1,295.64). Offer valid only for new customers. Click or call for complete details and restrictions. Page 16 M e mb e r ’ s L V C E A B u l l e t i n EMPLOYEE BENEFIT Our Invitation: To the Employees & Family members of: LVCEA We offer you the following Automotive Services & Discounts! We are a Complete One Stop Auto Repair facility, with the latest Diagnostic & Repair Equipment. From scheduled maintenance, oil changes, to tune-ups, to engine repairs & wheel alignments. Updated Auto is also a State of the Art Auto Collision – Body & Paint Repair Shop. Using the newest Techniques and latest Equipment in the Auto Body Repair industry to make your automobile just like new, with the most qualified Factory Trained Technicians, and also including the Friendliest, most Efficient, Courteous and Professional Staff, with over 30 year’s expert experience to serve you. Our Reputation has been Built on Integrity . . . Trust . . . Knowledge in our industry and complete Customer Satisfaction. We are pleased to offer the following Automotive Discounts: 1. Get To Know Us Special Offer - FREE 25 Point Safety Check, Just stop by! 2. Mechanical Repairs & Scheduled Maintenance - 10% Discount on Labor. 3. Collision - Body & Paint Repairs - Discounts from $25 to $200 dollars in credit on invoice repairs from $300 and up, Plus - and including a FREE Complete Auto Detail with your repair. (A $350 dollar Value) (Please see attached for details). Free Estimates & Lifetime Warranties on Repairs and Services Just show your company ID at the time of your Free Estimate for Discounts Please call (702) 735-7351 and or Visit us @ www.updatedautobody.com We service and repair all Foreign and Domestic Vehicles, all makes and models Voted # 1 Auto Repair Shop in Las Vegas the last 5 years We are located at 3095 S. Highland Dr., Las Vegas, NV 89109. Exit Sahara Ave east, from I-15 freeway turn right then right on Highland Dr. and go 3 blocks, between Sahara and Desert Inn. BODY & PAINT Complete Collision—Body & Paint - Paint Touch Up – Complete Auto Detailing – Auto Glass We are preferred by Insurance Companies & we accept all Insurance Repair Claims ALIGNMENT SERVICES 2 & 4 Wheel Alignment (All Makes & Models) – Wheel Balancing – Wheels & Tires AUTO REPAIR Complete Diagnostics – Factory Recommend Maintenance – Check Engine Light Diagnostics Tune Ups – Engine Svc/Repair – Engine Performance Enhancement – Timing Belt Service Auto Electric Repairs – Fuel Injection –Brakes – Air Conditioning –Transmission Service & Repair Starter & Alternator – Air Conditioning–Water Pump, Hoses & Radiator Repairs – Shocks & Struts Battery & Charging System Test– Batteries – Car Rental Arrangements & Towing Services Rated # 1 Auto Body-Paint & Collision Repair Shop in Las Vegas since 2005 Updated Auto Repair, Body & Paint 3095 S. Highland Dr., Las Vegas, NV, 89109 Ph: (702) 735-7351 * Fax: (702) 735-7358 Page 17 M e mb e r ’ s L V C E A B u l l e t i n Page 18 M e mb e r ’ s L V C E A B u l l e t i n https://www.knotts.com Page 19 M e mb e r ’ s L V C E A B u l l e t i n LVCEA 857 N. Eastern Avenue Las Vegas, NV 89101 Tel. 702-649-6606 * Fax 702-649-2135 Articles Contributors: Deadline to submit your articles is: LVCEA Board The 2nd week of each month. LVCEA Members Submit To: [email protected]. Martin J. Toledo All articles, photos will be screened for taste and discretion. Jeffrey F Allen Bernie Luces If you need a membership badge, Contact Jennifer at the LVCEA office.
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