Bryan J. Waldman, Chair
Andrew P. Abood, Commissioner
Sherry L. McMillan, Commissioner
Thomas M. Wardrop, Commissioner
James D. Farrell, State Personnel Director

The meeting of the Civil Service Commission was opened by Chairman Bryan J. Waldman at 1:42 p.m. in Conference Room A, Lower Level, Capitol Commons Center, 400 S. Pine Street, Lansing, Michigan.

Chairman Bryan Waldman requested a motion to approve the minutes of the September 28, 2007 meeting. On motion duly made and supported, the Commission approved the minutes of the September 28, 2007, meeting.

On motion duly made and supported, the Commission adopted the following Tribute:

Whereas, F. Thomas Lewand has served with distinction as a member of the Michigan Civil Service Commission for over four years, most recently serving as its Chairman, and

Whereas, Mr. Lewand has gained the respect and admiration of his colleagues by demonstrating dedication and commitment to the affairs of the Commission, and

Whereas, Mr. Lewand's expertise in corporate law provided the Commission with keen insight in resolving complex business matters and,

Whereas, Mr. Lewand routinely shared with the Commission the invaluable knowledge of state government he gained while serving as the Chief of Staff for Governor James Blanchard and,

Whereas, Mr. Lewand's ethical standards were beyond reproach when potential conflicts of interest arose involving Commission business and,

Whereas, the Commission has appreciated Mr. Lewand's ability to consider opposing viewpoints and render decisions in the best interest of the State, to clearly articulate his position, and to laugh under stressful circumstances, be it therefore

Resolved, that the citizens of the State of Michigan, the Michigan Civil Service Commission, and staff, express to Mr. Lewand their deepest appreciation for his dedicated efforts and many accomplishments during his years of service to the Commission, and be it further

Resolved, that the Michigan Civil Service Commission does hereby extend to Mr. Lewand its most sincere thanks, its highest esteem, and best wishes for health and happiness for many years to come.

Retirement Resolution – Dale Johnston

On motion duly made and supported, the Commission adopted the following Resolution:

Whereas, Dale Johnston has decided to retire from state government after over 34 years of service, and

Whereas, Dale has demonstrated commitment and dedication throughout his career as a public servant, gaining the respect and admiration of his colleagues, and

Whereas, Dale performed a variety of professional analyst and supervisory duties over the years, including conducting compensation studies and annual salary surveys for the Compensation Hearings Panel, before taking a promotion to head the State's Suggestion Award Program in 1988 where he served for over ten years, and

Whereas, Dale will always be remembered for his enthusiastic leadership and promotion of the State's Suggestions Awards Program receiving numerous awards including the 1997 Statistical Awards from the Employee Involvement Association and the 1989 and 1991 Group Winner Awards from the National Association of Suggestion Systems, and

Whereas, Dale will now be able to spend more time with his wife, Mary Jo, their daughter and son-in-law, Traci and Dwayne, and precious grandchildren, Hailey and Logan, and

Whereas, Dale and Mary Jo can now spend more time participating in Civil War re-enactments, portraying the parts of Reverend and Mrs. Johnston, as they travel to several states to join Musters, or gatherings of soldiers, be it therefore

Resolved, that the Michigan Civil Service Commission does hereby extend to Dale Johnston its heartfelt appreciation for his dedicated efforts and many accomplishments during his years of service.

Resolved, that the Commission extends to Dale its warmest wishes for much health and happiness throughout his retirement.

There were no amendments to the agenda.

Director’s Report: The Commission received the following report from State Personnel Director James D. Farrell.

Unclassified Position Report
Since the last report, the following approvals were processed.

Department of Attorney
The Department of Human Services submitted a request to establish an exempt unclassified position dated May 3, 2007, to serve as the Deputy Director for Children and Adult Policy.  Concurrently, the Deputy for Service Delivery position was abolished.  The request was approved effective May 21, 2007.
Department of Natural Resources
The Department of Natural Resources submitted a request dated May 18, 2007, to convert the unclassified position of Chief Deputy Director to a classified position.  Concurrently, the unclassified Chief Deputy Director position was abolished.  The request was approved effective June 18, 2007.
Department of Corrections
The Department of Corrections submitted a request to establish an unclassified position to serve as the Office of Public Affairs Manager.  Concurrently, the Legislative Liaison position was abolished.  The request was approved effective February 11, 2007.

The Department of Corrections also submitted a request to establish an unclassified position to serve as the Community Liaison for the Office of Offender Re-Entry.  Concurrently, the Public Information Officer position was abolished.  The request was approved effective April 8, 2007.

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.
5.09, Annual, Personal, and School and Community Participation Leave, and 5.10 Sick Leave (Effective May 6, 2007)

As a result of the approval of the amendments to Rule 2-4 (Layoffs) at the May 2, 2007 Commission meeting, minor modifications were made to regulations 5.09 and 5.10 clarifying that an employee gets credit for leave accruals for each day of temporary layoff as if the employee was in active pay status.  Regulation 5.09 also has been amended to clarify that freezing or paying off of annual leave is not applicable to a temporary layoff.

5.19, Temporary Furlough Hours (Effective May 6, 2007)

As a result of the deletion of Rule 5-16 (Temporary Furloughs) in its entirety, regulation 5.19 has become obsolete and therefore has been made inactive.

National Association of State Personnel Executives (NASPE)

On behalf of the Department of Civil Service and the Civil Service Commission, at the 2007 NASPE annual meeting in July, the State Personnel Director accepted the Department’s second NASPE Communication award in the electronic category for our Web-based New Hire Online Orientation presentation.  Chairperson Lewand extended to departmental staff and the State Personnel Director his congratulations for winning this award, particularly in this day and age where the Internet is the most used form of communication.

On motion duly made and supported, the Commission approved the minutes of the January 31, 2007, meeting.

Chairperson F. Thomas Lewand noted there was no unfinished business.

Travel Expense Reimbursement Rates for FY ’07-08

Rose Wilson, Department of Management & Budget (DMB), addressed the Commission regarding travel expense reimbursement rates for FY ’08.  Ms. Wilson indicated that the rates remain unchanged from the FY ’08 rates.  A memo from Lisa Webb-Sharpe, Director of the DMB, recommended adding the city of St. Joseph, Michigan to the “Select Cities” list.    A copy of the letter from Lisa Webb-Sharpe is, by reference, a part of the record of this meeting.

On motion duly made and supported, the Commission approved the motion for travel expense reimbursement rates for FY ’08.

D. Daniel McLellan, General Counsel for the Commission, presented information on EO 2007-30 which reorganizes the executive branch by abolishing the Department of Civil Service; moving the Civil Service Commission to the Department of Management and Budget (DMB) as an autonomous agency; transferring the administration of all executive branch human resources operations and staff currently located in the executive departments to the Commission; and transferring miscellaneous supplemental statutory duties from the Department of Civil Service to the Commission or DMB.

General Counsel McLellan stated that the Commission has before it for action Resolution 07-02 that, if passed, would accept the transfer of duties and responsibilities to the Commission as outlined in Executive Order 2007-30.

Clarence Stone, Michigan State Housing Development Authority (MSHDA), addressed the Commission regarding a memorandum dated June 21, 2007, to State Deputy Budget Director Nancy Duncan and Janet McClelland, Chief Deputy Director with the Department of Civil Service, which opined that Executive Order 2007-30 does not apply to MSHDA because it operates as an independent public corporation.  A copy of the memorandum is, by reference, a part of the record of this meeting.

Chairperson Lewand asked for a motion on Resolution 07-02.  Commissioner McMillan asked Counsel if the memorandum presented would have any impact on the Commission’s action.  General Counsel McLellan responded that it is not for this Commission to determine, but would be a legal question regarding the Executive Order.  Commissioner McMillan moved to approve the resolution, noting if an issue regarding MSHDA arises, that the issue be brought to the Commission.  Commissioner Waldman supported.  On motion duly made and supported, the Commission approved Resolution 07-02.

D. Daniel McLellan, General Counsel for the Commission, presented information on amendments to the Rules as the result of Executive Order 2007-30.

General Counsel McLellan outlined the proposed rule changes as follows: 1) draft amendments delete all references to the “Department of Civil Service” and are replaced in most instances with “Civil Service Commission,” “State Personnel Director” or “Civil Service staff” as appropriate; draft amendments address the new organizational placement of the Commission; due to the transfer of human resources operations and staff, rule amendments clarify the respective roles of the appointing authorities and the new Commission staff and resulting potential for conflicts of interest.

Unrelated to the Executive Order, additional minor amendments were made to Rules 2-14.4, 4-6.2(c), 4-7.2(c), 5-7.1(b)(1), and 9-1 (Definition of “Uniformed Services”).

On motion duly made and supported, the Commission approved Resolution 07-03.

Letter of Understanding (LOU) Between Office of the State Employer (OSE) & AFSCME          

D. Daniel McLellan, General Counsel for the Commission, presented information and staff recommendations on the LOU between the OSE and AFSCME amending the primary collective bargaining agreement for the Institutional Unit authorizing a pilot program for scheduling regular days off at the Hawthorn Center.  Staff’s review of the LOU did not identify any violations of the Commission’s rules on prohibited subjects of bargaining.

On motion duly made and supported, the Commission approved Agenda Item 5d.

Resolution 07-04 re Executive Order 2007-31 (Internal Audit)         

D. Daniel McLellan, General Counsel for the Commission, presented information on EO 2007-31 which transfers the statutory internal audit and related personnel functions of the principal departments to the Office of the State Budget, Department of Management and Budget. 

General Counsel McLellan indicated this Resolution authorizes the State Personnel Director (SPD) to consult with the State Budget Director regarding the provision of internal audit services for the Commission by the Office of the State Budget Director after October 1, 2007.  Also, the SPD is authorized to enter into a written service level agreement with the State Budget Director on behalf of the Commission regarding the provision of internal audit service for the Commission protecting confidential Civil Service Commission information and documents.

On motion duly made and supported, the Commission approved Resolution 07-04.

Resolution 07-05 re Executive Order 2007-32 (Accounting)         

D. Daniel McLellan, General Counsel for the Commission, presented information on EO 2007-32 that transfers the statutory accounting functions and related personnel of the principal departments to the Office of the State Budget, Department of Management and Budget. 

General Counsel McLellan indicated this Resolution authorizes the State Personnel Director (SPD) to consult with the State Budget Director regarding the provision of accounting services for the Commission by the Office of the State Budget Director after October 1, 2007.  In addition, the SPD is authorized to enter into a written service level agreement with the State Budget Director on behalf of the Commission regarding the provision of accounting services for the Commission and prohibits transferring Civil Service Commission constitutional authority.

On motion duly made and supported, the Commission approved Resolution 07-05.

Letter of Understanding (LOU) Between Office of the State Employer (OSE) & MCO - Overtime          

D. Daniel McLellan, General Counsel for the Commission, presented information on the Letter of Understanding between Office of the State Employer and the Michigan Corrections Organization, which amends provisions of Article 17, Overtime.  The amendment authorizes shift overtime changes for employees on overlapping shifts.

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

David Purchase appeared before the Commission to raise questions regarding a Technical Appointment Complaint and a Technical Qualification Complaint in which he was the complainant.  Mr. Purchase’s main concerns focused on how an employee who is deemed not qualified for a position may occupy the same position in a working out of class capacity.

Chairperson F. Thomas Lewand asked General Counsel McLellan to review procedural issues Mr. Purchase brought before the Commission and take appropriate action necessary to answer his questions.

Susan Grimes Munsell       

On motion duly made and supported, the Commission adopted the following Resolution:           

Whereas, Susan Grimes Munsell has served with honor and distinction as a member and Chairperson of the Michigan Civil Service Commission for over ten years, making her the longest serving Chairperson, never missing a Civil Service Commission meeting, and           

Whereas, Ms. Munsell has gained the respect and admiration of her colleagues by demonstrating dedication and commitment to the business of the Commission, and

Whereas, Ms. Munsell, as a member of the House of Representatives from 1987 to 1996, and as a Certified Public Accountant, brought to the Commission invaluable expertise addressing financial and politically-sensitive matters before the Commission, and

Whereas, Ms. Munsell worked diligently with her fellow Commissioners to completely amend the Michigan Civil Service Commission Rules, and

Whereas, Ms. Munsell continuously demonstrated her allegiance to the citizens of Michigan by volunteering her time to serve as a member of the Livingston Arts Council, board member and leader for the Girl Scouts of America, board member for the League of Women Voters, Rotary Club member, and many other volunteer activities, and was recognized as ‘Citizen of the Year’ by the City of Howell, and

Whereas, Ms. Munsell’s dedication to public service was exemplified by her neutrality and sensitivity to issues impacting all classified state employees, and

Whereas, the Commission has greatly valued Ms. Munsell’s commitment to excellence, compassion for state employees, fairness in enacting rules, and her composure and poise, be it therefore

Resolved, that the citizens of the State of Michigan, the Michigan Civil Service Commission, and the staff of the Department of Civil Service, express to Ms. Munsell their deepest appreciation for her dedicated efforts and many accomplishments during her years of service to the Commission, and be it further

Resolved, that the Michigan Civil Service Commission does hereby extend to Ms. Munsell its most sincere thanks, its highest esteem, and best wishes for health and happiness for many years to come.

James Pitz       

On motion duly made and supported, the Commission adopted the following Resolution:          

Whereas, James P. Pitz has served with distinction as a member of the Michigan Civil Service Commission for over seven and one-half years, never missing a Civil Service Commission meeting, and

Whereas, Mr. Pitz has gained the respect and admiration of his colleagues by demonstrating dedication and commitment to the business of the Commission, and

Whereas, Mr. Pitz, as a nationally recognized expert in transportation engineering, won numerous awards including recognition by the American Public Works Association as one of the nation’s top ten public works leaders, and demonstrated that leadership ability with the Commission, and

Whereas, Mr. Pitz worked closely with his fellow Commissioners to completely amend the Michigan Civil Service Commission Rules, and

Whereas, Mr. Pitz demonstrated his allegiance to the citizens of the State of Michigan throughout his many years as Commissioner and having served for over eight years as Director of the Department of Transportation, and

Whereas, Mr. Pitz’s dedication to public service included his keen ability and sensitivity to see both management’s and employees’ viewpoints, and

Whereas, the Commission has greatly valued Mr. Pitz’s insight, wisdom, sense of humor, and diplomacy in addressing issues head-on, be it therefore

Resolved, that the citizens of the State of Michigan, the Michigan Civil Service Commission, and the staff of the Department of Civil Service, express to Mr. Pitz their deepest appreciation for his dedicated efforts and many accomplishments during his years of service to the Commission, and be it further

Resolved, that the Michigan Civil Service Commission does hereby extend to Mr. Pitz its most sincere thanks, its highest esteem, and best wishes for health and happiness for many years to come.

In closed session on August 21, 2007, the Commission considered nine recommended decisions of the Employment Relations Board.  Copies of the review sheets indicating the Commission’s actions on these decisions are on file at the Department of Civil Service.

In closed session via conference call on June 12, 2007, the Commission considered four recommended decisions of the Employment Relations Board.  Copies of the review sheets indicated the Commission’s actions on these decisions are on file at the Department of Civil Service.

ADJOURNMENT

There being no further items for Commission approval or public comments to be heard, Chairperson Lewand adjourned the meeting at 9:41 a.m.

NOTE

Copies of any written statements, reports, or staff proposals which were presented to the Commission may be obtained by contacting the Department of Civil Service, Executive Office, Capitol Commons Center, 400 S. Pine Street, P.O. Box 30002, Lansing, Michigan, 48909, or by telephone at (517) 373-3020.

I, James D. Farrell, State Personnel Director, hereby certify that the foregoing are the Minutes of the Civil Service Commission Meeting of August 21, 2007.