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July 2007 CSNews

MI Civil Service News

Volume 14
July CS News
Welcome Commissioner
Farewell Commissioners
Freedom of Information Act (FOIA)
Civil Service Turns 70 !
State Employee Appreciation night-Lugnuts
State Employee Appreciation night-Whitecaps
New Investment Options
Events

Department of Civil Service
P.O. Box 30002
400 South Pine Street
Lansing, MI 48909
(517) 373-3048
1-800-788-1766
(517) 373-7690 FAX
(517) 335-0191 TDD

Welcome Commissioner Waldman

On May 24, 2007, Governor Granholm appointed Attorney Bryan J. Waldman to the Civil Service Commission.  Commissioner Waldman is with the law firm Sinas, Dramis, Brake, Boughton & McIntyre, P.C.  In 2003-2004, he served as President of the Michigan Trial Lawyers Association.  Mr. Waldman is recognized in the current edition of "The Best Lawyers in America" in the specialty of personal injury, and was selected to be included in the 2006 publication of "Michigan Super Lawyers" in the practice area of plaintiffs' personal injury. He is a member of the American Association for Justice, Michigan Trial Lawyers Association, and Crime Victims Bar Association. Mr. Waldman received his BA from Michigan State University and his JD from Wayne State University Law School. Commissioner Waldman’s term expires December 31, 2014.

Farewell to Michigan Civil Service Commissioners
Susan Grimes Munsell resigned as Chairperson of the Civil Service Commission, after serving more than 10 years.  Ms. Munsell is a CPA and was previously a State Representative. She was recently appointed by Governor Granholm to the Michigan Tax Tribunal.

James Pitz, whose term recently expired, served on the Civil Service Commission for 7 ½  years.  Mr. Pitz was a former Director of the Michigan Department of Transportation and now owns a private business.

We would like to express to both Commissioners our deepest appreciation for their dedicated efforts and many accomplishments during their years of service to the Commission.  On behalf of the citizens of Michigan, the Michigan Civil Service Commission, and the staff of the Department of Civil Service, we wish you the best in the future. 

A tribute in their honor will be presented at the next Civil Service Commission meeting in August.

FOIA Release to the Lansing State Journal

The Lansing State Journal recently requested under the provisions of the FOIA, the names, salaries, work locations, job titles, and dates of hire for all classified employees.  The Department of Civil Service (DCS) takes very seriously its responsibility as the central human resources office for employees in the state classified service.  However, in addition to our responsibility to safeguard information, we have a legal obligation to release information that is subject to disclosure under the Freedom of Information Act (FOIA).

The DCS carefully reviews each request for information to be certain we are in compliance with the provisions of the FOIA.  While the FOIA does provide that some types of records may be exempt from disclosure, generally speaking, the FOIA requires the disclosure of information.

Under the FOIA, a public body may withhold “information of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy,” as defined by Michigan courts.  In making its decision to disclose the information to the Lansing State Journal, the DCS consulted with the Attorney General’s office.  Although the DCS was not asked to provide home addresses or social security numbers, the DCS would exempt such information from disclosure.

It is important to note that under the FOIA, a public body is not permitted to ask why a requestor is seeking information, or how the requestor intends to use the information.  In this case, the Lansing State Journal used the information to create a searchable database that is now posted on their Web site.  The Lansing State Journal did not inform the DCS or any other state department that it posted the information on its Web site. 

We sincerely hope you understand, as a state department, the DCS is compelled to provide access to public records as required by law and in accordance with court decisions that interpret the law.

We encourage you to read the FOIA to better understand how it affects you.  The Act can be found at: http://www.legislature.mi.gov/(S(ilmyae45e4bdshioijs540rv))/mileg.aspx?page=getobject&objectname=mcl-act-442-of-1976.

You can also learn more about the FOIA by reading the Attorney General’s Summary of Michigan’s Freedom of Information Act located at the following website: 
http://www.michigan.gov/ag/0,1607,7-164-17337_18160-51242--,00.html.

A Look Back as Civil Service in Michigan Turns 70!

Introduction
The Civil Service Commission celebrates its 70th year in existence in August 2007.  Throughout the past seven decades, the Civil Service Commission withstood a great deal of scrutiny and challenges to ensure the provisions of Article XI, Section 5, of the Michigan Constitution are upheld.  We hope you will find the history of the Civil Service Commission interesting.

History
During the 19th century, patronage systems developed in governments across the country.  Awarding jobs in government to political allies became an unquestioned perk for the party in power.  After President Garfield’s assassination by a disgruntled office seeker, Congress passed the Pendleton Civil Service Reform Act of 1883, which established a merit system for federal employment.  That same year, New York established a state civil service system under legislation introduced by Theodore Roosevelt and signed by Governor Grover Cleveland.  Nine other states followed suit over the next 50 years.

In October 1935, Governor Frank Fitzgerald created a five-member Civil Service Study Commission to examine personnel practices in Michigan’s state government.  In July 1936, the Study Commission issued a 90-page report that detailed a dysfunctional state of affairs and recommended creating a civil service system.

A principal problem noted in the report was high employee turnover because of political patronage.  While never formalized, employees were expected to contribute one to two percent of their salary back to the party.  The Study Commission also noted that state employees routinely performed political work while on the clock for the state.

Conditions of employment also varied tremendously across agencies.  With no classification or compensation plans, the Study Commission found that some employees were paid one-half or one-third of others doing similar work.  Further hindering attempts to develop or maintain competent employees was the lack of any system for rating, training, disciplining, or keeping  records for employees, and no uniform leave or vacation policies or payroll oversight to audit abuses in pay or absenteeism.

The Study Commission proposed draft legislation to create a Civil Service Commission, a Department of Civil Service, and a State Personnel Director.  The powers and duties in the draft legislation are largely recognizable to those familiar with our system today.  The Commission would create classification and compensation plans for all classified civil service positions, certify the qualification of employees, and establish the conditions of employment for the classified workforce.  The director and departmental staff would implement the system.  The draft legislation also banned political activity and partisan considerations.  The legislature made minor changes to the Study Commission’s proposal, but passed a significant State Civil Service Act that Governor Frank Murphy signed into law in August 1937.

Although the new law did not take effect until January 1938, Governor Murphy quickly appointed Commissioners who held their first meeting on September 24, 1937, at the State Capitol.  At the same time, the first State Personnel Director, William Brownrigg, was busy searching for employees and staff to allow the new department to hit the ground running.  By July 1938, a classification system, salary schedule, and examination system were in place for 1,200 different classes of positions.  Examinations were administered to all incumbents, which led to the dismissal of 8.3 percent of the spoils-era employees and the demotion of 3.5 percent.

The Ripper Act
Governor Fitzerald died in 1939, shortly after his re-election.  Two months after his death, the new Governor, Luren Dickinson, signed the so-called “Ripper Act,” which gutted the 1937 Act.  Most significant was its removal of positions from the classified service.  Before the Ripper Act, 90 percent of state positions were classified; only half remained after, with most being lower-level non-professional positions.  The amendments also shifted power from the State Personnel Director to salaried commissioners.  Meanwhile, appropriations for the department, the number of employees, and the director’s salary were all reduced by half.  The Ripper Act demonstrated that a statutory civil service system was subject to manipulation by the stakeholders in the spoils system.

Restoration of the Civil Service Commission
Citizens groups that had supported passage of the original State Civil Service Act worked to place the civil service system in the State Constitution to protect it from legislative manipulation.  They proposed a constitutional amendment that restored most positions to the classified service and most civil service operations to their status before the Ripper Act.  The amendment further protected the Commission’s independence from legislative interference by stripping the legislature’s ability to regulate conditions of employment and guaranteeing annual appropriations to the Commission of one percent of the state payroll.  In November 1940, 52 percent of Michigan voters supported the civil service amendment, which then took effect on
January 1, 1941.

The new Civil Service Commission quickly enacted rules and resumed the work its statutorily created predecessor had begun in September 1937.  Over the last 70 years, the Commission, Director, and Department have worked to protect the classified civil service from partisan influence and allow qualified employees to work with the proper focus on efficiently achieving the state’s business for its citizens.  We continue to do so today.

State of Michigan Employees Appreciation Night!
Friday, August 3, 2007 @ 7:05 p.m.
Lansing Lugnuts vs. Peoria Chiefs
Go nuts together!  Sit together in a block of reserved seats held especially for State of Mihigan Employees, Family and Friends!
LAFCU Fireworks!  Stick around after the game and enjoy the crowd-pleasing fireworks sponsored by LAFCU!
Group Reconition!  State of Michigan employees will be recognized on the scoreboard and welcomed with an announcement at Olds Park!
Special Benefits!  (For State of Michigan employees and their guests only.)  Early entry to watch batting practice!  Early entrance for free access to the playground area!  Autograph session at 6:00 p.m.!  Participate in the Pre-Game Parade!  Group recognition! 
Chance to win the opportunity to:
Watch the game from a luxurious suite!  Throw out the first pitch!  Join our radio broadcaster in the media booth!  Sing God Bless America during the 7th inning stretch!
Space is limtied, reserve your tickets today!
For more information call:  Kevin Novack, 517-485-4500 ext. 246 or knovack@lansinglugnuts.com.
Order your tickets online!  Order deadline is July 27, 2007.  To order tickets for State of Michigan Employee Appreciation Night, go to the State of Michigan button on our Web site at www.lansinglugnuts.com.  Just follow the instructions to make your ticket ordering simple and fast.  Tickets are just $8 each!  Go Nuts for State of Michigan Employees!  Or, call Kevin Novack @ 517-485-4500 ext. 246 to order over the phone.

The Whitecaps Invite You To The State of Michigan Employee Appreciation Day at Fifth Third Ballpark!
Sunday, August 5th @ 2:00 p.m.  Pre-game activities begin @ 1:15 p.m.
Exclusive perks for your group!  A National Anthem performance for one talented state employee!  A fun and crazy between-inning promotion for at least four employees!  An honorary first pitch for two lucky employees!  10% off Whitecaps sourvenirs!
Pre-game autographs!  Play catch on the field and get player autographs starting at 1:15 p.m.!
Post game activities!  Kids eat free!  First 1,000 kids 12 and under receive a hot dog, soda, and chips coupon!  After the game all kids can come down to the field and run the bases. 
Ticket Options:  Reserved seat:  $8.00 or with a hot dog and soda:  $10.25
Lawn seats:  $5.00 or with a hot dog and soda:  $7.25
Special “Dog Days!”  Bring your dog and sit on the lawn.
Space is limited!  Reserve your tickets now!  Enjoy a great day of family fun, exciting entertainment, and or course, great Whitecaps baseball!

Contact Alan Snodgrass via phone 616-726-7055 or email to asnodgrass@whitecapsbaseball.com.  To order online @ www.whitecapsbaseball.com/groups.html, User name:  SMEA, Password:  FAMILYFUN.  Deadline to have tickets mailed:  Friday, July 20, 2007

New Investment Options
As of July 1, 2007, you can invest in a new mutual fund option in the Michigan 401(k) and 457 Plans investment lineup.  The new fund, Alliance Bernstein International Strategic Value I Fund, replaces Templeton Foreign A Fund.

As of June 30, 2007, the following change automatically went into effect
for all Plan participants who did not provide alternative elections:

If You Had a Balance or Investment Election Here
Templeton Foreign A Fund (TEMFX)

Your Balance or Investment Election Was Directed Here

Alliance Bernstein International Strategic Value Fund I (AIVIX)
Your account will continue to be spread among the different asset classes you selected.

The State of Michigan, in partnership with CitiStreet LLC, conducts an ongoing extensive evaluation of the investment performance for all fund options, and reviews the fund managers’ longevity, experience, and consistency in maintaining their investment styles. The State’s recent change to enhance the Plans’ investment array was based on these assessments. 

If you would like more information on the new fund, log on to the Plan Web site at http://stateofmi.csplans.com, click on either the 401(k) or 457 plan links and then on the “Investment Information” tab for a summary of the 401(k) and 457 investment options.

Civil Service Commission
2007 Tentative Meetings
August 21
September 12
December 5
(meeting dates subject to change)
State Employee Appreciation!
Lansing Lugnuts
August 3, 2007—7:05 p.m

West Michigan Whitecaps
August, 5, 2007—2:00 p.m.

Monday  September 3 Labor Day
Monday  November 12 Veterans
Thursday  November 22 Thanksgiving
Friday  November 23 Thanksgiving
Monday   December 24  Christmas Eve
Tuesday  December 25 Christmas Day
Monday  December 31 New Year’s Eve
We  Welcome Your Comments ! 
Please Contact us by e-mail at: MDCS-CIVILSERVICENEWS@MICHIGAN.GOV

 Or in writing to:  MI CS News, 400 South Pine Street, P.O. Box 30002, Lansing, MI 48909

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