The
meeting of the Civil Service Commission was opened by Civil Service Commission
Chairperson Susan Grimes Munsell at 11:00 a.m., in Conference Room A, Lower
Level, Capitol Commons Building, 400 S. Pine Street, Lansing, Michigan.
2.
Chairperson
Munsell announced that Commissioner McMillan’s appointment to the Civil
Service Commission has been extended until December 31, 2010. In addition,
she noted that Jan Winters was in attendance in her new role as Deputy Director
in the Department of Civil Service, directing the activities of Hearings,
Employee Relations & Mediation, HRMN, Technical Complaints, and Employee
Benefits.
3.
On
motion duly made and supported, the Commission approved the minutes of the
meeting of October 16, 2002.
NEW
BUSINESS
1.
Carol
Vargovich, Chief Financial Officer, Department of Civil Service, reported
on financial activities that occurred in fiscal year 02, the certification
of the fiscal year 02 payroll, appropriation adjustments to the 03 fiscal
year, and the proposal for the fiscal year 04.
On motion duly made and supported, the Commission approved Resolution G-1A,
as follows:
The Civil
Service Commission, in fulfillment of the Constitutional requirement to
certify the aggregate payroll of the classified service for the preceding
fiscal year, certifies a payroll of $3,920,131,344, as recorded in the state’s
Michigan Administrative Information Network as of November 08, 2002, for
the fiscal period October 1, 2001, to September 30, 2002.
On
motion duly made and supported, the Commission approved Resolution G-1B,
as follows:
1.
On December
5, 2002, Governor John Engler issued Executive Order (EO) 2002-22. EO 2002-22
provides for statewide expenditure reductions approximately $460 million
and other transfers for the current fiscal year FY 02-03, in order to meet
reduced revenue estimates. As part of the statewide reductions, EO 2002-22
provides that the general fund appropriations for the Department of Civil
Service be reduced by $250,400 for FY 02-03.
2.
Prior
to the issuance of EO 2002-22, the State Personnel Director had authorized
additional FY 02-03 budget reductions totaling $632,100.
3.
The Civil
Service Commission recognizes that impending revenue shortfall and the prior
actions of the State Personnel Director and, consistent with its constitutional
authority, hereby reduces the previously-approved FY 02-03 budget for the
Department of Civil Service by $2,196,460.
4.
The State
Personnel Director is authorized to take any action necessary to implement
the provisions of this Resolution so that expenditures of the Department
of Civil Service are reduced as specified for FY 02-03.
On
motion duly made and supported, the Commission approved Resolution G-1C,
as follows:
The
Civil Service Commission approves the fiscal year 04 budget proposal for
the Department of Civil Service totaling $36,312,000.
2.
Carol
Mowitz, Compensation Director, Department of Civil Service, briefed the
Commission on the Unclassified Salary Proposal for Fiscal Year 2004.
On motion duly made and supported, the Commission approved the staff recommendation
to transmit the following compensation recommendations for unclassified
positions to the Governor and Legislature for Fiscal year 2004:
•
A 3 percent merit increase.
•
Salary
adjustments of up to 10 percent based on performance and other relevant
factors
•
Approval
by the legislature of line-item funding necessary to support these recommendations.
3.
D.
Daniel McLellan, General Counsel, Department of Civil Service, reported
on the staff recommendation that the commission approve a resolution to
accept the transfer of the executive direction and management of the HRMN
System into the Department of Civil Service, effective 12/29/02.
On motion duly made and supported, the Commission approved Resolution G-3:
“A resolution of the Michigan Civil Service Commission Regarding the HRMN
System Executive Order:
A.
DEFINITIONS
1.
The “HRMN
System” means the Michigan statewide Human Resource Management Network System
that delivers payroll, personnel, employee benefits, and other human resource
functionality and data exchange, and includes, but is not limited to, the
standards, guidelines, processes, procedures, practices, rules, regulations,
hardware, and software for the operation of the HRMN System.
2.
The “executive
direction and management of the HRMN System” means the authority, power,
duty, and responsibility for all of the following:
A.
To establish,
implement and enforce policy standards, guidelines, processes, procedures,
practices, rules, and regulations for the operation of the HRMN System,
consistent with applicable law.
B.
To manage
the HRMN System to achieve the business needs for payroll, personnel, employee
benefits, and other human resource functions for the State of Michigan.
C.
To direct
and manage the program development and implementation of changes in the
HRMN System.
D.
To acquire
technology development, services and software for the HRMN system through
agency operating agreements between the Department of Civil Service and
the Department of Information Technology.
E.
To acquire
and manage contracts for the HRMN System.
F.
To standardize
or centralize agency personnel transactions in the HRMN System.
B.
BACKGROUND
1.
The
HRMN System is under the joint executive direction of the directors of the
Department of Civil Service, the Office of the State Employer, the Department
of Management and Budget, the Office of the State Budget within the Department
of Management and Budget, and the Department of Information Technology.
2.
The
HRMN System is managed by an informal HRMN Systems Coordination Committee
consisting of representatives from the Department of Civil Service, the
Department of Information Technology, the Office of the State Employer,
the State Budget Office with the Department of Management and Budget, and
the Department of Treasury.
3.
In
executive Order 2002-19, effective December 29, 2002, the Governor transferred
all of the authority, powers, duties, functions, and responsibilities of
the Department of Management and Budget, the Office of the State Employer,
the Department of Treasury, and the Department of Information Technology
related to the executive direction and management of the HRMN System to
the Department of Civil Service.
C.
COMMISSION
FINDINGS
1.
The
Civil Service Commission finds that the transfers authorized in Executive
Order 2002-19 and the resulting centralization of the executive direction
and management of the HRMN System within the Department of Civil Service
will result in streamlined business processes, improved service, focused
development planning, enhanced flexibility and responsiveness, and improved
coordination among all user agencies of the HRMN System.
2.
The
Civil Service Commission finds that the transfers authorized by the Governor
in Executive Order 2002-19 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:
1.
Effective
December 29, 2002, the Department of Civil Service shall accept the transfer
of all the authority, powers, duties, functions, and responsibilities of
the Department of Management and Budget, the Office of the State Employer,
the Department of Treasury, and the Department of Information Technology
related to the executive direction and management of the HRMN System, as
authorized in Executive Order 2002-19.
2.
The State
Personnel Director is authorized to do each of the following:
A.
To direct and supervise
the implementation required by this resolution and Executive Order 2002-19,
in cooperation with the Director of the Office of the State Employer, the
Director of the Department of Management and Budget, the State Treasurer,
and the Director of the Department of Information Technology.
B.
To execute such agreements,
documents, or contracts with the Office of the State Employer, the Department
of Management and Budget, the Department of Treasury, and the Department
of Information Technology on behalf of the Department of Civil Service as
may be necessary to implement this resolution and Executive Order 2002-19,
including, but not limited to, agreements regarding (1) the delegation of
powers or duties to the Department of Civil Service or the State Personnel
Director, (2) the transfer of personnel, facilities, equipment, records,
property, or funds to the Department of Civil Service for the purpose of
operation, maintenance, or management of the HRMN System, and (3) service
levels, activities, staffing, operations, and infrastructure support to
be provided for the support or operation of the HRMN System.
C.
To take any further
action deemed necessary or useful to implement this resolution and Executive
Order 2002-19. “
4.
D. Daniel
McLellan reported that the Troopers and Sergeants Unit went through ACT
312 arbitration, and has submitted their proposed collective bargaining
agreement for October 1, 1999 through September 30, 2002. Staff reviewed
the proposed CBA and found nothing that violates the rules on prohibited
subjects of bargaining. Director Lopez, with the consent of the Commission
Chairperson, gave interim approval to the agreement in order for it to be
transferred to the Legislature. The Legislature has waived the notice requirement
to permit the increases to take effect at a time other than the start of
a fiscal year.
On motion duly made and supported, the Commission confirmed the interim
approval of the Collective Bargaining Agreement between the Office of State
Employer and the Michigan State Police Troopers and Sergeants Unit for the
period October 1, 1999, through September 30, 2002.
5.
On motion
duly made and supported, the Commission approved the Letter of Understanding
between the Office of the State Employer and the Michigan State Police Troopers
Association regarding utilization of scheduled overtime.
6.
D.
Daniel McLellan briefed the Commission on the extension of amendments to
Rule 2-14, Military Pay. In May 2002, the Commission approved a change in
the military leave provisions which extended the pay differential and benefit
continuation provisions to nonexclusively-represented employees who were
called to active duty after September 11, 2001, to cover all active-duty
time between September 11, 2001, and December 31, 2002. The same provisions
were also extended to nonexclusively-represented employees on limited-term
appointments. Governor Engler asked that the Commission continue these provisions
through the remainder of the fiscal year to provide continued, uninterrupted
provision of these benefits for employees who are on military leave, and
provide the new administration with an opportunity to evaluate further continuation
of the provisions.
Staff recommends that the Commission approve these provisions through September
30, 2003, and authorize the State Personnel Director to approve letters
of understanding for all current collective bargaining agreements that will
provide the same military leave provisions to the exclusively-represented
employees.
On motion duly made and supported, the Commission approved Resolution G-6,
(Rev B), December 12, 2002 as follows:
The amendments to the Civil Service Rule 2-14, Veterans’ Preference and
Military Leave (Rev B, December 11, 2002) are approved effective immediately
for all nonexclusively represented employees.
The State Personnel Director is authorized to approve on behalf of the Civil
Service Commission any letter of understanding agreed to between the Office
of the State Employer and an exclusive representative that provides substantially
the same extension of military leave pay differential and benefit continuation
for exclusively-represented employees as authorized for nonexclusively-represented
employees in the approved amendments to Rule 2-14 (Rev B, December 11, 2002.)
COMMISSION APPEALS
1.
In
closed session by teleconference on September 26, 2002, the Commission considered
23 decisions of the Employment Relations Board. In closed session on December
12, 2002, the Commission considered 13 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.
ADJOURNMENT
The meeting
was adjourned at 11:25 a.m.
Note: These Minutes will become final
upon approval by the Civil Service Commission.
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