The meeting
of the Civil Service Commission was opened by Civil Service Commission Chairperson
Susan Grimes Munsell at 10:00 a.m., in Conference Room A, Lower Level, Capitol
Commons Building, 400 S. Pine Street, Lansing, Michigan.
2.
Chairperson
Grimes Munsell introduced and welcomed F. Thomas Lewand, whose appointment
to replace Commissioner Robert P. Hunter was effective July 26, 2003. The
Chairperson also introduced Stephanie Carll, Assistant Attorney General
in the Labor Division, who will be working with Susan Przekop-Shaw on Department
of Civil Service matters.
3.
On
motion duly made and supported, the Commission approved the minutes of the
meeting of May 22, 2003.
AMENDMENTS
TO THE AGENDA
1.
On motion
duly made and supported, the Commission added Agenda Items G-5a and G-5b
regarding Voluntary Work Schedule Adjustment Programs and Agenda Item G-6
regarding Amendments to Civil Service Rule 5-11: Group Insurance Plans.
COMMISSION
BUSINESS
1.
Chairperson
Grimes Munsell read the following tribute into the record:
Whereas, Robert P.
Hunter has served with distinction as a member of the Michigan Civil Service
Commission for over six and one-half years, and
Whereas, Mr. Hunter
has gained the respect and admiration of his colleagues by demonstrating
dedication and commitment to the business of the Commission, and
Whereas, Mr. Hunter,
as a nationally recognized expert and former member of the National Labor
Relations Board brought to the Commission a wealth of knowledge on labor
law, labor relations, human resources, and legislative matters, and imparted
that knowledge with wit and creativity, and
Whereas, Mr. Hunter
worked closely with his fellow Commissioners to completely amend the Michigan
Civil Service Commission Rules, including the Employee-Employer Relations
Rules and Grievance and Appeals Procedures, and
Whereas, Mr. Hunter
demonstrated his allegiance to the citizens of the state of Michigan throughout
his six and one-half years of service as he worked to enhance the operations
of state government, and
Whereas, the Commission
has greatly valued Mr. Hunter's keen insight, wisdom, tact, and diplomacy
in addressing issues head-on, and
Whereas, Mr. Hunter
lived by the commitment he made when he was first appointed to the Commission,
"to help civil servants exercise their rights with respect to both
their unions and their employer…" 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. Hunter
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. Hunter its
most sincere thanks, its highest esteem, and best wishes for health and
happiness for many years to come with his wife, Marlene, and their children,
David, Rachel, and Matthew.
On motion duly made
and supported, the Commission adopted the tribute to Civil Service Commissioner
Robert P. Hunter.
2.
Chairperson
Grimes Munsell presented the following resolution to Nathaniel Lake.
Whereas, Nathaniel
Lake, Jr. has decided to retire from State Government after over 30 years
of state service, including over 5 years with the Department of Civil
Service, and
Whereas, Nate demonstrated
commitment and dedication throughout his career as a public servant, gaining
the respect and admiration of his colleagues, and
Whereas, Nate demonstrated
extensive knowledge of the Department of Civil Service and state government
and imparted that knowledge with diligence and creativity, and
Whereas, Nate, in
his capacities as Human Resources Director for the Michigan Employment
Security Commission, Department of Natural Resources, and Department of
Environmental Quality gained a wealth of information that contributed
to his exceptional leadership abilities, and
Whereas, Nate, in
his capacity as Director of the Office of Performance Excellence for the
Department of Civil Service provided exemplary and invaluable leadership
in its vision, development, and implementation, and
Whereas, Nate will
always be remembered for his gentle mannerism, his kindness to others,
and his ability to motivate others, and
Whereas, Nate will
be able to spend more time with his wife, Pat, and their two daughters,
and can further indulge in his love of working with youth, community service,
and a multitude of other volunteer services, and
Whereas, Nate can
pursue his "second career" as Michigan State University's Director
of Women's Basketball Operations, be it therefore
Resolved, that the
Michigan Civil Service Commission does hereby extend to Nate Lake its
heartfelt appreciation for his dedicated efforts and many accomplishments
during his years of service.
Resolved, that the
Commission extends to Nate its warmest wishes for much health and happiness
throughout his retirement.
On motion duly made
and supported, the Commission approved the Resolution.
INFORMATION
REPORTS
1.
The Commission
received the following report from John F. Lopez, State Personnel Director.
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 requests:
Department of Attorney General: I received a June 3, 2003 request to establish
an unclassified position to serve as the Director of Community Outreach.
The unclassified Executive Assistant position was abolished. This request
was approved on June 5, 2003.
Department of Natural Resources: I received a June 10, 2003 request to establish
an unclassified position to serve as the Resource Management Deputy for
the DNR. The unclassified Environmental Policy Advisor position was abolished.
This request was approved on June 12, 2003.
Department of Environmental Quality: I received a June19, 2003 request to
establish an unclassified position to serve as the Administrative Assistant
to the Chronic Waste Disease Task Force. The position of Legislative Liaison
was abolished. This request was approved on June 20, 2003.
Department of Community
Health. I received a July 7, 2003 request to establish three unclassified
positions to serve as Legislative Liaison, Public Relations Liaison, and
Chief Deputy Director. The positions of Deputy Director for Strategic
Initiatives, Director of Health and Promotion and Publications, and Deputy
for Strategic Budget Initiatives were abolished. This request was approved
on July 15, 2003.
Compensation Rates:
As previously authorized by the Commission, I approved compensation rates
for extracurricular program services for two positions at the Michigan
School for the Deaf and Blind for the upcoming school year.
Regulations:
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 were revised and reissued:
Regulation 4.04,
Effective Dates for Classification Actions, Effective 6-9-03.
Summary: The regulation was amended to clarify those actions that require
Department of Civil Service approval and those that may be process by
the appointing authority. In addition, a provision to address initial
P-rate assignment was added, and preauthorized reclassifications to which
the appointing authority can make determinations were specified.
Regulation 2.06,
Conducting Employee Ratings, Effective 6-22-03.
Summary: The regulation was amended to reflect the implementation of the
new on-line performance management tool and changes in HRMN form references.
Also, a standard was added to require a new probationary period when a
probationary employee makes a lateral job change to a different department
or to a different classification within the same department.
Each human resources
director is to submit to me by July 25, 2003, a plan that describes how
the agency will convert to the on-line performance management system and
transition employees by July 1, 2004.
Regulation 3.11,
Written, Electronic, and Other Appraisal Method Administration, Effective
7-22-03.
Summary: The regulation was revised to provide additional definitions
for "applicant" and "candidate" to clarify that workforce
need testing will be done for candidates, rather than applicants.
2.
Janine
Winters, Deputy Director, Department of Civil Service, presented a report
on the Human Resource Management Network (HRMN) upgrade. Ms. Winters stated
that through the combined efforts of staff from Office of Financial Management,
Department of Information Technology and Civil Service, led by Matthew Fedorchuk,
the upgrade was completed seven hours ahead of time after five days of 24-hour
activity. The upgrade provides for more work processes and workflows within
the system, and moves us further toward Web-based technology. Ms. Winters
noted HRMN will continue to receive support with the Lawson Software, and
staff will continue exploring enhancements that will provide the capability
to interface with all of the necessary partners.
NEW
BUSINESS
1.
John Gnodtke, Assistant
General Counsel, reported on agenda items G-1 through G-3. Item G-1 is
a letter of understanding reached between the Office of the State Employer
and the Michigan State Employees Association. The letter changes the overtime
eligibility codes for 14 FIA Child Support staff members through the end
of the current fiscal year. The State Personnel Director, with the consent
of the Chair, granted interim approval of the letter on May 27, 2003.
On motion duly made
and supported, the Commission adopted Resolution G-1 approving the letter
of understanding between the Office of the State Employer and the Michigan
State Employees Association, which was submitted on May 19, 2003, and
granted interim approval by the State Personnel Director on May 27, 2003.
2.
The Office
of the State Employer has submitted a letter of understanding reached with
the Michigan State Employees Association. The letter changes the overtime
eligibility codes for classifications in the Safety and Regulatory Bargaining
Unit. The State Personnel Director, with the consent of the Chair, granted
interim approval of the letter on June 3, 2003.
On motion duly made
and supported, the Commission adopted Resolution G-2 approving the letter
of understanding between the Office of the State Employer and the Michigan
State Employees Association, which was submitted on May 29, 2003, and
granted interim approval by the State Personnel Director on June 3, 2003.
3.
The Office
of the State Employer has submitted a letter of understanding reached with
the United Auto Workers, Local 6000. The letter will extend the number of
hours employees in the State Worker classification can work and still be
considered temporary employees. The letter will expire concurrently with
the primary and secondary agreements.
On motion duly made
and supported, the Commission adopted Resolution G-3, approving the letter
of understanding between the Office of the State Employer and the United
Auto Workers, Local 6000, which was submitted on July 9, 2003.
4.
D. Daniel
McLellan, General Counsel, reported on the draft amendments to Civil Service
Rules 2-5, 2-6, 2-7, and 9-1 that were circulated for public review and
comment in SPDOC 03-19, Revision A, dated June 26, 2003. Revision C, is
now before the Commission for approval.
The proposed amendments
to Rule 2-5, Employment Preference, are intended to clarify the employment
preference rights of nonexclusively-represented employees. Additionally,
definitions of the various types of "employee status codes"
are added to rule 9-1.
Proposed amendments
to Rule 2-6, Discipline, clarify rules regarding suspension for criminal
charges. Revision C adds a proposed amendment clarifying that continuation
of a suspension for investigation without pay after criminal charges are
resolved is limited to 7 calendar days.
Amendments to Rule
2-7, Drug and Alcohol Testing, create an appeal process for an applicant
whose conditional offer of employment is rescinded because the applicant
failed a pre-employment drug test. Commissioner Pitz inquired about the
process through which an applicant would be made aware of the appeal options
available. Mr. McLellan responded that this question is not addressed
in the rule, however, he anticipates it will be addressed in the regulations
promulgated by the State Personnel Director.
On motion duly made
and supported, the Commission adopted Resolution G-4, approving the proposed
amendments to the Civil Service Rules, Revision C, dated July 23, 2003,
effective immediately.
5.
D. Daniel McLellan
reported on Agenda Items G-5a and G-5b, Plan A, Voluntary Work Schedule
Adjustment Programs (VWSAPs). The Office of the State Employer has requested
that Plan A in the current VWSAPs be amended by (1) permitting probationary
employees who have completed 720 hours of state service to use Plan A,
and (2) to permit an employee to take up to 40 hours of Plan A leave in
a pay period once every fiscal year.
On motion duly made
and supported, the Commission adopted Resolution G-5a, approving letters
of understanding (to amend the collective bargaining agreements approved
by the Civil Service Commission on December 18, 2001) between the Office
of the State Employer and the following exclusive representatives, effective
immediately:
Michigan
Public Employees, SEIU Local 517M:
Human Services
Support Unit
Scientific and
Engineering Unit
Technical Unit
Michigan
State Employees Association, AFSCME Local 5:
Safety and Regulatory
Unit
Labor and Trades
Unit
International
Union, United Automobile, Aerospace and Agricultural Implement Workers of
America (UAW) and its Local Union 6000:
Human Services
Unit
Administrative
Support Unit
Michigan
Corrections Organization, SEIU Local 526M:
Security Unit
Mr.
McLellan stated that the OSE also requested that Civil Service Rule 5 2.3
be amended to effect the same changes in Plan A for nonexclusively represented
employees. The proposed amendments to Rule 5-2.3 have not been circulated
for public comment for at least 14 days, therefore, pursuant to Rule 1-1.3,
the Civil Service Commission may waive the notice requirements and approve
the amendment by a unanimous vote of a quorum.
On motion duly made
and supported the Commission, by unanimous vote, adopted Resolution G-5b,
waiving the 14 day notice requirement in Rule 1 1.1, and approving proposed
amendments to Civil Service Rule 5-2.3 (Hours of Service: Voluntary Work
Schedule Adjustment Plans, Revision A), dated July 23, 2003, effective
immediately.
6.
Mr. McLellan
reported on Agenda Item G-6, Amendments to Civil Service Rule 5-11, Group
Insurances, and noted that these amendments also have not been circulated
for comment. The amendments authorize the State Personnel Director to enter
into participation agreements with other public entities to permit their
employees to participate in group insurance plans administered by the Department
of Civil Service, provided that 100 percent of the total cost is paid by
the participating public entities. The amendments also change references
in the rule that have been outdated by the transfer of the programs from
the Office of the State Employer to the Department of Civil Service.
On motion duly made
and supported the Commission, by unanimous vote, approved Resolution G-6,
waiving the 14-day notice requirement in Rule 1-1.1, and approved proposed
amendments to Civil Service Rule 5-11 (Group Insurance Plans, Revision
A), dated July 23, 2003, effective immediately.
COMMISSION
APPEALS
1.
In closed
session by teleconference on June 26, 2003, the Commission considered seven
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 11:40 a.m.
Note: These
Minutes will become final upon approval by the Civil Service Commission.
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