State of Michigan
DEPARTMENT OF CIVIL SERVICE
Civil Service Commission Meeting
October 3, 2006

The meeting of the Civil Service Commission was opened by Civil Service Commission Chairperson Susan Grimes Munsell at 10:06 a.m. in Conference Room A, Lower Level, Capitol Commons Center, 400 S. Pine Street, Lansing, Michigan.

On motion duly made and supported, the Commission approved the minutes of May 2, 2006.

Chairperson Munsell noted for the record that there were no amendments to the agenda.

INFORMATIONAL REPORTS

Director's Report The Commission received the following report from State Personnel Director James Farrell.

Unclassified Position Report
Civil Service Commission Rules require the State Personnel Director to report on the establishment or abolishment of positions in the state unclassified service. Since the last report, the following approvals were processed.
Department of Attorney General
The Department of Attorney General submitted a request dated June 2, 2006, to establish an exempt, unclassified position to serve as the Chief of Staff.  Concurrently, the Executive Director of Constituent Relations position was abolished.  The request was approved effective June 4, 2006.
In addition, the Department of Attorney General submitted a request dated August 3, 2006, to establish an exempt, unclassified position to serve as the Chief Deputy Attorney General. This position worked in parallel with the existing unclassified position occupied by Chief Deputy Attorney General Gordon to allow a transition period prior to his retirement. Concurrently, the Communications Liaison position was abolished. The request was approved effective August 13, 2006.
The Department of Attorney General submitted a request dated September 11, 2006, to establish an exempt, unclassified position to serve as the Director of Legislative and Constituent Relations. Concurrently, the Chief Deputy Attorney General position occupied by Gary Gordon was abolished, bringing to a close the previously-approved transition period during which the department had two Chief Deputy Attorney General positions. The request was approved effective September 13, 2006.
Department of Transportation
The Department of Transportation submitted a request dated July 13, 2006, to establish an exempt, unclassified position to serve as the Director of Office of Business Development. Concurrently, the Chief Deputy Director position was abolished.  The request was approved effective July 16, 2006.
Department of Treasury
The Department of Treasury submitted a request dated June 15, 2006, to establish an exempt, unclassified position to serve as the Deputy State Treasurer for Bond Finance.  Concurrently, the position of Deputy State Treasurer for State and Local Finance was abolished.  The request was approved effective June 19, 2006.
Department of State Police
The Department of State Police submitted a request dated June 20, 2006, to establish an exempt, unclassified position to serve as the Deputy Director of the Administrative Services Bureau.  Concurrently, a vacant, unclassified position was abolished.  The request was approved effective July 2, 2006.
Compensation Rates
As previously authorized in letters of understanding approved by the Civil Service Commission for the AFSCME and UAW agreements, I approved compensation rates for extracurricular program services for four classified positions during the 2006-07 school year at the Michigan Schools for the Deaf and Blind.
Regulations

Civil Service Commission Rules require that the State Personnel Director report to the Commission on the promulgation of regulations, which are issued to further implement Commission rules.
4.08, Working Out-of-Class (Effective May 21, 2006)

This regulation has been amended to clarify (1) situations that constitute authorized working out-of-class assignments and those where working out-of-class is not authorized and (2) that working out-of-class assignments are not appropriate if reclassification is possible.

In addition, new language has been incorporated to (1) address appointing authority time frames for processing working out-of-class payments and determinations and (2) specify that working out-of-class experience does not substitute for the aggregate qualification requirements of a classification in the event of an appointment, reclassification, or job change.

3.02, Student Assistants in the Classified Service (Effective August 13, 2006)

This regulation has been amended to clarify the process and criteria required for the reclassification of a student assistant employee to a career classification.  The regulation now (1) indicates that a reclassification action requires Department of Civil Service review and approval, (2) identifies the criteria that a student assistant must meet to be eligible for reclassification, (3) details what must be included in the appointing authority certification statement, and (4) addresses assignment of the effective date with the clarification that retroactivity is not permitted for this type of reclassification. New language has now been added to clarify that a reclassification requires the employee to complete a probationary period in order to gain status in the classified service.

4.04, Effective Dates for Classification Actions (Effective August 13, 2006)

This regulation has been amended to clarify the criteria by which the Department of Civil Service determines effective dates and potential retroactivity for reclassification actions and effective dates for agency-specific senior standards.

4.09, Employee Generated Position Reviews (Effective August 13, 2006)

This regulation has been amended to include new language specific to the effective date assigned to a reclassification of a position resulting from an employee's self-generated request to be reclassified from either an (1) experienced-level worker classification to an advanced-level worker classification or (2) experienced-level or advanced-level worker classification to a specialist classification.  In addition, language regarding retroactive effective dates has been deleted, as retroactivity is addressed in Regulation 4.04.

2.06, Conducting Employee Ratings (Effective September 10, 2006)

This regulation has been amended to clarify the requirements and procedures for conducting employee ratings and progress reviews. Significant changes include: extending the time frame for developing a performance improvement plan for employees rated "Needs Improvement" from 14 to 28 calendar days; extending the time frame for reevaluating the employee's performance under the improvement plan from one month to three months; and clarifying that the time an employee is under a less than satisfactory rating is not creditable toward the time required for reclassification.

3.06, Employment Sanctions (Effective September 10, 2006)

The regulation has basically been rewritten to encompass all sanctions, and establishes the procedures for applying, appealing, and removing employment sanctions.

Chairperson Munsell noted there was no unfinished business.

Dan McLellan, General Council for the Commission, presented information on the LOU which amends the Collective Bargaining Agreement (CBA) with the Michigan Corrections Organization for the Security Unit. The LOU amends the CBA to grant high security retention premium pay to Corrections Transportation Officer 10 positions through the expiration date of the CBA (December 31, 2007).

On motion duly made and supported, the Commission confirmed the interim approval granted for 5a.

Letter of Understanding to Amend the OSE-UAW-Michigan Department of State Police Primary Agreement Regarding State Worker 4 Positions at the Criminal Justice Information Center (Interim approval granted 06/29/06.)

Dan McClellan presented information on the LOU which amends the primary Collective Bargaining Agreement (CBA) with the United Auto Workers (UAW) for the Administrative Support and Human Services Units.  The LOU amends the CBA to authorize appointments to State Worker 4 positions at the Criminal Justice Information Center for up to 4,160 hours. The LOU also authorizes a pay increase of 20 cents per hour for employees with 2,080 or more hours of service.  This provision will expire on May 31, 2007.
On motion duly made and supported, the Commission confirmed the interim approval granted for 5b. Commissioner Lewand abstained from the vote.

Letter of Understanding to Amend the OSE-MCO Primary Agreement and OSE-MPE SEIU Local 517M Primary Agreement Regarding the Zero Dollar Co-Pay Program (Interim approval granted 07/11/06.)

Dan McLellan informed the Commission that the Office of the State Employer submitted a Letter of Understanding (LOU) amending the primary Collective Bargaining Agreements (CBAs) with the Michigan Public Employees (MPE) and Michigan Corrections Organization (MCO) for the Technical, Scientific & Engineering, Human Services Support, and Security Units. The LOU amends the CBAs to authorize a Zero Dollar Co-Pay Program for certain generic prescription drugs. This program permits employees in these units to obtain the generic drugs with no co-pay for six months, similar to those available in other units.

On motion duly made and supported, the Commission confirmed the interim approval granted for 5c.

Letter of Understanding to Amend the OSE-MCO Primary Agreement Regarding Overtime Availability (Interim approval granted 08/02/06.)

Dan McLellan presented information on the Letter of Understanding (LOU) which amends the primary Collective Bargaining Agreement (CBA) with the Michigan Corrections Organization (MCO) for the Security Unit.  The LOU amends the CBA to entitle an officer to be called for overtime while on approved paid annual leave for a shift that is outside of their normal work schedule. The LOU also provides for the withdrawal of current grievances related to the issue.

Upon motion duly made and supported, the Commission confirmed the interim approval granted for 5d.

Collective Bargaining Agreement Between the OSE and the Michigan State Police Troopers Association for the Troopers & Sergeants Unit (Interim approval granted 07/24/06.)

Dan McLellan informed the Commission that the Office of the State Employer and the Michigan State Police Troopers Association have reached agreement on a Collective Bargaining Agreement for the State Police Troopers and Sergeants Unit through December 31, 2008. On September 14, the Legislature approved (as required under Article 11, § 5 of the Michigan Constitution) the retroactive pay increases for 2005 and 2006.

On motion duly made and supported, the Commission confirmed the interim approval granted for 5e.

Dan McLellan noted that the Legislature approved statutory amendments to the State Emergency Management Act in 2006, authorizing paid and unpaid leaves of absence (LOAs) for non-civil service state employees to provide in-state and out-of-state voluntary disaster relief services.  For disaster response LOAs by classified employees, the statute defers to the authority of the Civil Service Commission.

Mr. McLellan explained that if adopted, the amendments to Civil Service Rules 2-11 and 2-12 would authorize disaster response LOAs for classified employees (NEREs only) on the same basis as non-civil service employees.  The amendments authorize appointing authorities to grant LOAs to employees "skilled in emergency relief assistance" who are "certified as a disaster services volunteer by the American Red Cross," as follows:

On motion duly made and supported, the Commission approved 5f.

Extension of Rule 2-14.2, Eligibility for Supplemental Military Pay (Interim approval granted 09/26/06.)

Dan McLellan noted that the Commission originally extended pay differential and benefit continuation for employees in the National Guard and Reserves who were called to emergency active duty shortly after 9-11 and have renewed it on an annual basis.  In Executive Directive 2006-5, Governor Granholm requested that the Civil Service Commission extend these supplemental military benefits indefinitely. In response, staff drafted the amendments to Rule 2-14 to extend these benefits indefinitely.

In order to facilitate approval of a similar extension for exclusively-represented employees, the Commission Resolution also authorizes the State Personnel Director to approve similar amendments to the collective bargaining agreements which will provide substantially similar extensions for exclusively represented employees as approved in Rule 2-14 for NEREs.

On motion duly made and supported, the Commission approved 5g.

Chairperson Munsell noted there was one request for public comment.

Ruthie Edmondson, a retired Department of Natural Resources employee, addressed the Commission concerning what she felt was a broken agreement between herself and the DNR. She acknowledged, and indicated her appreciation for the time that Janet McClelland and Dan McLellan spent discussing the issues with her, but appealed to the Commission to assist her in resolving the conflict between herself and DNR.

Ms. Edmondson has applied for a number of state and non-state jobs. She feels that because of information contained in her personnel file, she wasn't offered any of the jobs. Dan McLellan explained that although Civil Service corrected Ms. Edmondson's employment history when it was brought to their attention in 2005, her actual complaint focuses on whether the DNR properly implemented the worker's compensation redemption agreement. In a meeting and during several phone calls with Ms. Edmondson, Mr. McLellan explained that neither Civil Service nor the Commission have authority over the worker's compensation system or over DNR with respect to the issue of enforcing that particular agreement or looking for damages that arise out of it.  He noted that Civil Service has done everything it can to assist Ms. Edmondson, but ultimately, only a court can enforce the agreement.

Commissioner Lewand suggested that Civil Service staff work with DNR staff to try to facilitate discussions between the DNR and Ms. Edmondson.

Chairperson Munsell asked Civil Service to staff to contact the DNR to discuss what has transpired, and to copy Ms. Edmondson on any correspondence sent to DNR regarding her issues.

ADJOURNMENT

There being no further items for Commission approv al or public comments to be heard, Chairperson Munsell adjourned the meeting at 10:30 a.m.