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CALL
TO ORDER
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| 1. |
The
meeting of the Civil Service Commission was opened by Civil Service Commission
Chairperson Susan Grimes Munsell at 10:10 a.m., in Conference Room A, Lower
Level, Capitol Commons Building, 400 S. Pine Street, Lansing, Michigan.
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| 2. |
On
motion duly made and supported, the Commission approved the minutes of the
meeting of May 23, 2002.
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COMMISSION
BUSINESS
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| 1. |
On
motion duly made and supported, the Commission approved the following retirement
resolutions.
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Whereas,
Theodore J. Benca has decided to retire from State Government after
over 26 years of service, of which 4 years were with the House of Representatives,
Office of the Speaker, and over 22 years were with the Department of Civil
Service, and
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Whereas,
Ted demonstrated commitment and dedication throughout his career as a public
servant, gaining the respect and admiration of his colleagues, and
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Whereas,
Ted demonstrated extensive knowledge of the Department of Civil Service
and state government and imparted that knowledge with wit and creativity,
and
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Whereas,
Ted, in his capacities as Legislative Liaison, Executive Secretary to the
State Ethics Board, and Deputy Director of Labor Relations and Commission
Affairs continuously pursued efficiency and excellence in governmental relations,
and
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Whereas,
Ted, in his capacity as Deputy Director of the Department of Civil Service
provided exemplary and invaluable leadership in the development and implementation
of the Human Resource Management Network (HRMN) system, and
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Whereas,
Ted, kept the Department’s dress code bar high with his dapper attire
and debonair demeanor, and
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Whereas,
Ted, in his retirement, can pursue his “second career” in private
industry, and
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Whereas,
Ted will be able to spend more time with his wife, Connie, and can further
indulge in his love of golf, travel, and cruising in the family car, a Jaguar,
be it therefore
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Resolved,
that the Michigan Civil Service Commission does hereby extend to Ted Benca
its heartfelt appreciation for his dedicated efforts and many accomplishments
during his years of service.
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Resolved,
that the Commission extends to Ted its warmest wishes for much health and
happiness throughout his retirement.
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- - - -
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Whereas, Sheila
Hayter has decided to retire from State Government after 29 years, of
which over 12 years were with the Department of Civil Service, and
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Whereas, Sheila demonstrated commitment and dedication throughout her career
as a public servant, gaining the respect and admiration of her colleagues,
and
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Whereas, Sheila, in
her capacity as a Personnel Management Analyst demonstrated a commitment
to excellence in the provision of human resource services, and
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Whereas, Sheila, in
her capacity as the “candy provider” of the Department, shared
massive amounts of treats with all visitors, and
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Whereas, Sheila, when
she departed, took with her a variety of knowledge and perspectives on the
Department of Civil Service, but especially, her strong interpersonal skills,
and
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Whereas, Sheila, in
her retirement, will have more time to spend with her husband, Ralph, her
daughters, and grandchildren, and
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Whereas, Sheila, in
her retirement, will be able to assist in the home schooling of her grandchildren,
further enjoy boating and camping, and can pursue her teaching career with
Lansing Community College, be it therefore
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Resolved, that the
Michigan Civil Service Commission does hereby extend to Sheila Hayter its
heartfelt appreciation for her dedicated efforts and many accomplishments
during her years of service.
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Resolved, that the
Commission extends to Sheila its warmest wishes for much health and happiness
throughout her retirement. |
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- - - -
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Chairperson Munsell noted that
eight other retirees were not present, and referenced the individual resolutions
for those employees for action by the Commission under one motion. The Chairperson
read the following general resolution into the record.
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Whereas,
Theodore Benca, Linda Block, Susan Burnett, Sandra Dailey, Joyce Getter,
James Hartford, Sheila Hayter, Katie Shell, Harry Trier, and Wayne Pelmear
have decided to retire from State Government after serving from 26 to 33
years individually, and a cumulative total of 286 years of state service,
and
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Whereas, these employees
demonstrated commitment and dedication throughout their careers as public
servants, gaining the respect and admiration of their colleagues, and
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Whereas, these employees,
in their many capacities within the department including administrative
support, information technology, personnel management, office management,
and executive leadership continuously pursued excellence in the creation
and delivery of state-of-the-art technology and customer service, and
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Whereas, these employees,
with their vast array of experience, knowledge, expertise, and foresight,
took the lead in initiating many changes to improve departmental operations
and core services, and
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Whereas, these employees,
when they departed, took with them a variety of knowledge and perspectives
on the Department of Civil Service, but most of all, their dedication to
the continuous evolution of human resource services, and
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Whereas, these employees,
in their retirements, will have more time to spend with their families and
to further indulge in other interests, be it therefore
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Resolved, that the
Michigan Civil Service Commission does hereby extend to all of these employees
its heartfelt appreciation for their dedicated efforts and many accomplishments
during their years of service.
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Resolved, that the Commission
extends to them its warmest wishes for much health and happiness throughout
their retirement.
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INFORMATIONAL REPORTS
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| 1. |
The
Commission received the following report from John F. Lopez, State Personnel
Director: |
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Unclassified
position report |
| Civil
Service Commission Rules require me to report on the establishment or abolition
of positions in the unclassified service. Since the last commission meeting,
I approved the following request: |
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I
received a July 22, 2002, request from the Department of Consumer and Industry
Services to establish an unclassified position. The position serves as the
director of the Right-of-Way Authority, which is a Type 1 agency authorized
by P.A. 48 of 2002. This request was approved on August 8, 2002.
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Regulations: |
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Civil
Service Commission Rules require that I report to the commission on the
promulgation of regulations, which are issued to implement commission rules.
Since the last commission meeting, the following regulations have been revised
and are in the process or have been reissued:
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Regulation 3.02, Student Assistants in the Classified Service. Summary:
The regulation was revised to reinstate provisions inadvertently omitted
from a previous version addressing reclassification of Student Assistants
under certain conditions, including during a hiring freeze.
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Regulation 3.07, Appointments and Job Changes. Summary: The regulation
was revised to clarify that recall names prevent a lateral job change from
a limited-term appointment type to an indefinite appointment type. In addition,
the regulation now provides that appointing authorities may make appointments
to limited term positions for a period of up to two years. Appointments
beyond the initial two years require the approval of the Department of Civil
Service, and any appointments lasting more than a total of four years must
be approved by the State Personnel Director.
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Regulation 3.10, Promotion or Lateral Job Change Within a Department
of Current Employees Under Hiring Restriction Conditions. Summary: The
regulation was revised to clarify that recall names prevent a lateral job
change from a limited-term appointment type to an indefinite appointment
type.
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Regulation 4.03, Establishing and Reclassifying Positions in the State
Transitional and Departmental Trainee Classifications. Summary: The
regulation was revised to clarify and standardize existing processes for
use of the transition classes.
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-Regulation 5.01, General Salary Schedule Administration. Summary:
The regulation was revised to address working-out-of-class compensation
in a preauthorized classification series and pay upon appointment to and
reclassification from transition classifications. The regulation also requires
that exceptions to the regulation be approved by the State Personnel Director.
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In addition,
the Equitable Classification Plan, Group 2 Professional Specialist Position
Evaluation System was revised in response to current departmental staffing
needs and to provide greater consistency in the use of the specialist classification
concepts.
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State
Officer's Compensation Commission
In the August 6, 2002, primary election, Michigan citizens voted to adopt
an amendment to the state constitution governing the operation of the State
Officers’ Compensation Commission (SOCC). The changes take effect
on September 20, 2002. In summary, the following changes will occur:
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-The SOCC will now determine the salaries and expense allowances of the
attorney general and the secretary of state, in addition to those previously
determined by SOCC.
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-New qualifications
for SOCC members may be determined by the legislature.
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-SOCC determinations must be approved by the majority of each house.
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-Concurrent legislative resolutions may reduce the SOCC’s recommended
salary and expense allowance by the same proportion for all offices.
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-The legislature may not reduce salary or expense determinations to below
the amounts in place when the determinations are made.
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-Once approved by the legislature, the salaries and expense allowances become
effective for the legislative session immediately following the next general
election.
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Director
Lopez noted that in the past Civil Service has provided administrative assistance
to the SOCC. We will not know whether Civil Service will continue to be
involved in the process until the Legislature writes the requirements and
qualifications. |
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NEW
BUSINESS
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| 1. |
D.
Daniel McLellan, General Counsel, Department of Civil Service, briefed the
Commission on proposed Rule 2-2: Oath of Office. Currently the constitutional
provision that requires legislative, executive, and judicial officers to
take and subscribe to an oath of office does not include classified state
employees. Mr. McLellan reported that a recent survey of 24 appointing authorities
showed that 20 require their classified employees to sign the oath of office,
and 4 do not.
Department of Civil Service staff recommends the Commission adopt this rule
requiring all newly hired classified employees to take and subscribe to
the same oath of office required by the Michigan Constitution for state
officers. A letter from the UAW in opposition to the rule change was provided
to the Commission, and is by reference a part of the record of this meeting.
On motion duly made and supported, the Commission adopted Resolution G-1:
Proposed draft Civil Service Rule 2-2, Oath of Office (Revision A, July
23, 2002, circulated for comment in CS-6978, dated July 24, 2002) is approved,
effective immmediately.
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| 2
| .D.
Daniel McLellan briefed the Commission on Proposed Rule 5-15: Electronic
Funds Transfer. Mr. McLellan noted that currently about 71% of classified
employees use electronic funds transfers to deposit their paychecks into
their financial institutions. Draft Rule 5-15 requires new employees hired
after October 1, 2002, to be paid by electronic funds transfer. The rule
provides for a waiver if payment by EFT causes an undue hardship for the
employee. Chairperson Munsell noted that the Commission received one comment
opposing this draft rule from the UAW. That letter is by reference a part
of the record of this meeting.
On motion duly made and supported, the Commission adopted Resolution G-2:
Proposed draft Civil Service Rule 5-15, Electronic Funds Transfer (Revison
A, July 25, 2002, circulated for comment in CS-6979, dated July 25, 2002)
is approved, effective immediately.
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| 3. |
D.
Daniel McLellan reported that last year the Voluntary Work Schedule Adjustment
Plan (VWSAP) was placed in some collective bargaining agreements. The OSE
is now requesting that the VWSAP for non-exclusively represented employees
be extended through September 27, 2003. Plan A of VWSAP permits an employee
to reduce the number of hours worked (between one and 16 hours per pay period)
without any change in benefits or reduction in leave accruals. Plan C permits
an employee to take an unpaid leave of absence for up to three months without
a break in service.
In response to a question asked by Commissioner Robert Hunter regarding
the number of participants in the plans, Janine Winters, Director, Office
of State Employer, reported that approximately 8 employees statewide participate
in Plan C, and less than 1000 participate in Plan A. She noted the program
continues to be voluntary, and is subject to management approval.
On motion duly made and supported, the Commission approved Resolution G-3:
The Voluntary Work Schedule Adjustment Plan (VWSAP) for nonexclusively
represented employees scheduled to expire on September 28, 2002, is continued
in effect until September 27, 2003.
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4.
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D.
Daniel McLellan briefed the Commission regarding the Governor’s Executive
Order 2002-13, transferring administration of the health screening program,
group insurance plans, pretax benefit program, COBRA and other insurance
continuation programs, and the quality recognition program, back to Civil
Service effective October 1, 2002. Civil Service staff recommends Commission
approval of the resolution accepting those transfers.
On motion duly made and supported, the Commission approved Resolution G-4:
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A.
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BACKGROUND |
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1.
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In
1995, at the request of the Governor, the Department of Civil Service and
the Office of the State Employer convened a joint working group to review
the location of certain functions, services and programs administered by
the Department of Civil Service that were discretionary or delegable by
the Commission under by Article 11, Section 5, of the Michigan Constitution
of 1963.
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2. |
In
Executive Order 1996-5 and a Civil Service Commission Resolution dated October
15, 1996, the Governor and the Commission authorized the transfer of the
Deferred Compensation Plans, the Suggestion Awards Program, and certain
employee benefit programs from the Department of Civil Service to other
executive state agencies.
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3. |
A
recent review of the various programs administered by the Office of the
State Employer supports returning the administration of some of the employee
benefit programs to the Department of Civil Service to take advantage of
additional efficiencies and to maximize opportunities for overall coordination
following implementation of the statewide Human Resource Management Network
(HRMN).
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4.
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In
Executive Order 2002-13, effective October 1, 2002, the Governor has authorized
the transfer to the Department of Civil Service of all of the powers, duties,
functions, and responsibilities of the Office of the State Employer and
the Department of Management and Budget related to the administration of
the following programs:
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A.
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The
employee Quality Recognition System, authorized in Michigan Compiled Laws,
§38.1161 (the “Quality Recognition System”). |
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B. |
The
following benefit programs: |
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| (1)
| Health
screening program;
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| (2)
| Group
insurance plans for medical, dental, vision, disability, life, and long-term
care benefits;
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| (3)
| Pretax
benefit programs; and
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| (4)
| COBRA
and other insurance continuation programs
(collectively, the “State Employee Benefit Programs”)
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B. |
COMMISSION
FINDINGS |
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1.
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The
Civil Service Commission finds that the transfers authorized by the Governor
in Executive Order 2002-13 will result in enhanced account-abil-ity, more
effective overall coordination of the administration of the transferred
programs, and enhanced service to the operating departments and classified
employees.
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2.
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The
Civil Service Commission finds that the transfers authorized by the Governor
in Executive Order 2002-13 and consented to here do not conflict with the
plenary authority of the Civil Service Commission granted to it under Article
11, Section 5, of the Michigan Constitution of 1963.
THEREFORE, the Michigan Civil Service Commission RESOLVES as follows:
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1.
| Effective
October 1, 2002, the Department of Civil Service shall accept the transfer
of all the authority, powers, duties, functions, and responsibilities of
the Office of the State Employer and the Department of Management and Budget
related to the administration of the Quality Recognition System and the
State Employee Benefit Programs, as authorized in Executive Order 2002-13
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2.
| Effective
October 1, 2002, the Department of Civil Service shall accept the transfer
of all records, personnel, property, and funds of the Quality Recognition
System and the State Employee Benefit Programs used, held, employed, available
to, or to be made available to the Office of the State Employer and the
Department of Management and Budget for the powers, duties, functions, and
responsibilities transferred to the Department of Civil Service.
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3.
| The
State Personnel Director is authorized to do each of the following:
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A.
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To
direct and administer the transfers required by this resolution and Executive
Order 2002-13, in cooperation with the Director of the Office of the State
Employer and the Director of the Department of Management and Budget |
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B. |
To
execute such agreements, documents, or contracts on behalf of the Civil
Service Commission or the Department of Civil Service as may be necessary
to implement this resolution and Executive Order 2002-13. |
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C.
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To
enter into agreements with the Office of the State Employer and the Department
of Management and Budget regarding personnel, facilities, equipment, records,
property, or funds of the Office of the State Employer or the Department
of Management and Budget to be transferred by this resolution and Executive
Order 2002-13 for the purpose of facilitating the required transfers and
maintaining efficient and continuous program services during and after the
transfers. |
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D.
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To
take any further action deemed necessary or useful to implement this resolution
and Executive Order 2002-13.
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5. |
D. Daniel
McLellan stated that a Letter of Understanding between Office of State Employer
and AFSCME regarding co-pays for HMO members contains changes that have
been approved by the Commission in all of the other collective bargaining
agreements. The State Personnel Director, with the consent of the Commission
Chairperson, has given interim approval.
On motion duly made and supported, the Commission confirmed the interim
approval of the Letter of Understanding between the Office of State Employer
and AFSCME Council 25 for the Institutional Unit regarding Article 22, Section
D, Health Maintenance Organizations.
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6.
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Mr. McLellan
briefed the Commission on the Interagency Memorandum of Understanding between
Department of Management and Budget and Department of Civil Service. The
memorandum of understanding addresses changes in group insurance benefits
for pension recipients under the State Employees, State Police, and Judicial
Retirement Systems. The State Personnel Director, with the consent of the
Civil Service Commission Chairperson, granted interim approval on June 12,
2002.
On motion duly made and supported, the Commission confirmed the interim
approval granted by the State Personnel Director regarding the Interagency
Memorandum of Understanding between Department of Management and Budget
and Department of Civil Service regarding Group Insurance Benefits.
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7.
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On motion
duly made and supported, the Commission confirmed the interim approval granted
by the State Personnel Director with the consent of the Civil Service Commission
Chairperson, regarding the MORC Privatization Impact Agreement between the
Office of State Employer and the UAW.
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8. |
On motion
duly made and supported, the Commission approved the Letter of Understanding
between the Michigan State Employees Association and the Office of State
Employer regarding Article 43, Compensation, Section X, Safety Shoes.
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9.
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On motion
duly made and supported, the Commission approved the Letters of Understanding
between AFSCME and the Department of Community Health regarding voluntary
overtime at various facilities.
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10. |
On
motion duly made and supported, the Commission approved the Secondary Agreement
between AFSCME Council 25 and the Family Independence Agency for the Institutional
Unit, subject to receipt of a completed signature page.
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COMMISSION
APPEALS
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In
closed session by teleconference on June 27, 2002, the Commission considered
six decisions of the Employment Relations Board. In closed session on August
22, 2002, the Commission considered one decisions of the Employment Relations
Board. Copies of the Review Sheets indicating the Commission’s actions
on these decisions are on file in the Department of Civil Service.
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ADJOURNMENT
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The meeting was
adjourned at 10:40 a.m.
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Note: These Minutes
will become final upon approval by the Civil Service Commission.
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