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| March 27, 2003 Commission Minutes |
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State
of Michigan
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DEPARTMENT
OF CIVIL SERVICE
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Civil
Service Commission Meeting
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March27,
2003
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| Present: |
Susan Grimes
Munsell, Chairperson |
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Robert
P. Hunter, Commissioner |
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Sherry
L. McMillan, Commissioner |
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James P.
Pitz, Commissioner |
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John F.
Lopez, State Personnel Director |
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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 10:30 a.m., in Conference
Room A, Lower Level, Capitol Commons Building, 400 S. Pine Street, Lansing,
Michigan. |
| 2. |
On
motion duly made and supported, the Commission approved the minutes of the
meeting of December 12, 2002. |
| 3. |
Chairperson
Munsell introduced and welcomed David Fink, the newly appointed Director
of the Office of the State Employer. |
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AMENDMENTS
TO THE AGENDA
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| 1. |
On motion duly made
and supported, the Commission added Item G-7, Voluntary Work Schedule
Adjustment Plan, to the Agenda.
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COMMISSION
BUSINESS
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| 1. |
Chairperson
Munsell read the following retirement resolution into the record.
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Whereas,
Richard H. Huneke has decided to retire from State Government after over
30 years of service with the Department of Civil Service, and
Whereas, Rich demonstrated
commitment and dedication throughout his career as a public servant, gaining
the respect and admiration of his colleagues, and
Whereas, Rich demonstrated
extensive knowledge of the Department of Civil Service and state government
and imparted that knowledge with diligence and creativity, and
Whereas, Rich in his
capacities as Administrative Officer, Chief Budget Officer, Representative
on the Michigan Administrative Information Network Governing Board, Construction
Manager for the Capitol Commons Center, Project Manager for the establishment
of the Personnel PayRoll and Information System, Assistant to the State
Personnel Director, and many other capacities, continuously accepted new
challenges head on and with fortitude, and
Whereas, Rich in his
capacity as Project Director of the Human Resource Management Network
(HRMN) system provided exemplary and invaluable leadership in its vision,
development, and implementation, and
Whereas, Rich in his
retirement, can pursue his "second career" in private industry
as a consultant, and
Whereas, Rich will
be able to spend more time with his wife, Carol, and can further indulge
in his love of sailing (now cruising instead of racing), designing and
building wood furniture, and home building and remodeling, be it therefore
Resolved, that the
Michigan Civil Service Commission does hereby extend to Rich Huneke its
heartfelt appreciation for his dedicated efforts and many accomplishments
during his years of service; and be it further
Resolved, that the
Commission extends to Rich its warmest wishes for much health and happiness
throughout his retirement.
On motion duly made
and supported, the Commission approved the retirement resolution.
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INFORMATIONAL
REPORTS
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| 1. |
The Commission received
the following report from John F. Lopez, State Personnel Director.
I am pleased to inform
you that Ms. Susan Zurvalec accepted her reappointment as a member and
the chairperson of the Employment Relations Board. Ms. Zurvalec's appointment
expires April 30, 2006.
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:
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I received a January
3, 2003 request from the Department of Attorney General to establish an
unclassified position to serve as Director of External Affairs. This request
was approved on January 6, 2003.
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I received a December
30, 2002 and a January 17, 2003 request from the Department of Consumer
and Industry Services to establish unclassified Deputy Director positions.
These requests were approved on January 3, 2003 and January 22, 2003,
respectively.
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I received a January
29, 2003 request from the Department of Corrections to establish an unclassified
position. The position serves as the Deputy Director for Field Operations
Administration. The unclassified Prison Build Program position was abolished.
This request was approved on February 3, 2003.
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I received a January
2, 2003 request from the Department of Environmental Quality to establish
an unclassified position to serve as the Senior Policy Advisor to the
Director. In addition, I received a January 21, 2003 request to establish
an unclassified position to serve as the Deputy Director. The unclassified
Special Assistant to the Director for Southeast Michigan position was
abolished. These requests were approved on January 3, 2003 and January
22, 2003, respectively.
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I received a March
20, 2003 request from the Department of Information Technology to establish
an unclassified position to serve as the Director of Strategic Policy.
This request was approved on March 21, 2003.
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I received a March
20, 2003 request from the Department of Management and Budget to establish
two unclassified positions to serve as Communications Director and Legislative
Liaison for the State Budget Office. The Special Assistant to the Department
Director and Communications Representative positions were abolished. This
request was approved on March 21, 2003.
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I received a February
6, 2003 and a March 4, 2003 request from the Department of Natural Resources
to establish unclassified positions to serve as the Environmental Policy
Advisor and the Conservation Policy Advisor. The unclassified Special
Assistant to the Director/Project Coordination and the Administrative
Services Deputy positions were abolished. These requests were approved
on February 7, 2003 and March 20, 2003, respectively.
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I received a December
30, 2002 request from the Department of State Police to establish an unclassified
position to serve as Executive Advisor to the Executive Division Commander.
This request was approved on January 3, 2003.
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I received a January
17, 2003 request from the Department of Transportation to establish an
unclassified Chief Deputy Director position. This request was approved
on January 22, 2003.
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I received a March
5, 2003 request from the Department of Treasury to establish an unclassified
position to serve as the Deputy State Treasurer for State and Local Finance.
The Deputy Treasurer for Education Policy position was abolished. This
request was approved on March 13, 2003.
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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
created or revised and reissued:
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Regulation 3.02
Student Assistants in the Classified Service - Effective: 12-23-02.
Summary: The regulation was revised to specify that Student Assistants
are considered state employees for examination and employment opportunity
purposes. The regulation also clarifies a long-standing practice that
students hired as unclassified Special Personal Services (SPS) employees
are not governed by Regulation 3.02.
Regulation 3.07
Appointments and Job Changes - Effective: 12-17-02. Summary: Amended
to reference changes made to Regulation 3.02.
Regulation 3.10
Promotion or Lateral Job Change Within a Department of Current Employee
Under Hiring Restriction Conditions - Effective: 12-17-02. Summary:
For purposes of maintaining employment targets, active classified state
employee was defined to include limited-term employees. Previously, limited-term
employees were not included in a department's "head count."
Regulation 5.02
Premium Payment of Overtime, On-call Compensation, and Callback Compensation
- Effective: 2-25-03. Summary: To clarify the intent of language regarding
work schedule changes, revisions make clear that work schedules may require
temporary changes to meet operational needs. In addition, time frames
for posting or notification of work schedules and changes to work schedules
have been modified from 48 to 96 hours. Revisions also update the maximum
overtime rate for ineligible employees who are granted exception approval
to receive overtime compensation during fiscal year 2003.
Regulation 5.07
Performance-Pay and IT Bonus Programs - Effective: 2-25-03. Summary:
Revised to (1) update civil service rule references for conversion of
a performance-pay schedule to a step schedule and grievance procedures
and (2) language regarding other conditions applicable for attorneys for
pay performance awards was changed from attorneys to Senior Attorneys
and Attorney Specialists only, as Attorney Administrators are now covered
under Group 4 standards.
Regulation 5.17
Electronic Funds Transfer - Effective: 1-19-03. Summary: Provides
the standards and procedures necessary to assist appointing authorities
in ensuring employees hired after October 1, 2002 are paid by direct deposit
via EFT.
Regulation 5.18
Group Insurance Plan Complaints - Effective: 2-12-03. Summary: Establishes
procedures for employees to appeal decisions regarding coverage, exclusion,
and cost issues pertaining to group insurance plans.
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| 2. |
The Commission received
a report on the Office of Compliance from Joseph Slivensky, Director,
Bureau of Training, Leadership, and Compliance, and Anne Harrington, Manager
of the Office of Compliance. Mr. Slivensky briefly discussed changes that
have occurred in the Office of Compliance as a result of the Department's
move from being a regulatory agent to being a service provider, HRMN's
delegation of transactions to the agency human resource offices, and changes
in technology. Mr. Slivensky asked that Ms. Harrington discuss details
of the activities of the office.
Ms. Harrington described
"real-time" audits conducted for various types of personnel
transaction and provided an overview of FY 02 Office activities. She then
discussed new audit processes for limited term appointments, electronic
funds transfers, CS-138 review< and military pay adjustments.
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NEW
BUSINESS
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| 1. |
D. Daniel McLellan,
General Counsel, briefed the Commission on the Letter of Understanding
between the Michigan State Employees Association, the Department of Community
Health and Office of State Employer, regarding recall lists for Northville
Regional Psychiatric Hospital employees in the Labor and Trades Unit and
the Safety and Regulatory Unit. The State Personnel Director, with the
consent of the Civil Service Commission Chairperson, granted interim approval
of this Letter of Understanding on January 21, 2003.
On motion duly made
and supported, the Commission confirmed the interim approval of the Letter
of Understanding between the Michigan State Employees Association, the
Department of Community Health and Office of State Employer.
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| 2. |
D. Daniel McLellan
indicated that staff has reviewed the Letter of Understanding between
the UAW, Local 6000 and the Michigan State Police and recommends its approval.
On motion duly made
and supported, the Commission approved the Letter of Understanding between
the UAW, Local 6000 and the Michigan State Police regarding Article 15,
overtime.
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| 3. |
The State Personnel
Director, with the consent of the Commission Chairperson, issued Appointing
Authority Letter CS-6993, Interim Amendments to Rule 5-11: Group Insurance
Plans, on January 27, 2003. Mr. McLellan noted that the interim amendments
conform the text of Rule 5-11(e) to the transfer of the group insurance
plans to the Department of Civil Service, and provide for administration
of the group insurance plans by the Department of Civil Service and the
State Personnel Director.
On motion duly made
and supported, the Commission approved the interim amendment to Rule 5-11:
Group Insurance Plans.
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| 4. |
D. Daniel McLellan
briefed the Commission on the proposed amendments to Rule 1-9, Excepted
and Exempt Positions, circulated in Appointing Authority Letter CS-6996,
on February 27, 2003. The proposal provides a reciprocal arrangement with
the Department of Management and Budget, which would give the State Personnel
Director the opportunity to authorize an employee coming into the classified
service to transfer annual and sick leave balances from their unclassified
job, to the same extent that DMB permits classified employees moving into
the unclassified service to transfer their leave balances.
On motion duly made
and supported, the Commission approved the amendments to Civil Service
Rule 1-9 (Excepted and Exempt Positions) circulated for comment on February
27, 2003 in CS-6996 (Rev A), effective immediately.
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| 5. |
D. Daniel McLellan
reviewed the proposed amendments to Rules 2-8, 2-9, 2-15, and 9-1, regarding
Ethical Standards and Conduct. The proposed amendments strengthen the
ethics rules, and consolidate the concepts of conflict of interest, disclosure
of interest and contacts, and supplemental employment into a new rule,
"Ethical Standards and Conduct." The proposed amendments were
circulated in Appointing Authority Letter CS-6996 on February 27, 2003.
Staff proposed further amendments in Revision B, dated March 17, 2003.
In response to a
question from Commissioner Pitz, Anne Harrington indicated that the Office
of Compliance does review supplemental employment and disclosures during
on-site audits. Commissioner Hunter commented that there must be notice
to the departments regarding the changes, and an opportunity to educate
department directors regarding the new standards. Mr. McLellan indicated
staff has been working with Human Resource Directors on this issue, and
regulations will spell out the requirements. Mr. McLellan noted that the
appointing authorities will give annual notice of the requirements to
their employees.
On motion duly made
and supported, the Commission approved the amendments (Revision B, dated
March 17, 2003) to Civil Service Rule 2-8 (Conflict of Interest), Rule
2-9 (Disclosure of Interest and Contacts), Rule 2-15 (Supplemental Employment),
and Rule 9-1 (Definitions), effective immediately
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| 6. |
Mr. McLellan stated
that the proposed amendments to Rule 3-3, Appointments and Job Changes
clarify that an employee can voluntarily take a demotion.
On motion duly made
and supported, the Commission approved the amendments to Civil Service
Rule 3-3, Appointments and Job Changes, circulated for comment on February
27, 2003 (CS-6997, Rev A), effective immediately.
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| 7. |
D. Daniel McLellan
briefed the Commission on the requested modification of the Voluntary
Work Schedule Adjustment Plan. Mr. McLellan noted that the State Employer
negotiated the Voluntary Work Schedule Adjustment Plan (VWSAP) for exclusively
represented employees during their most recent negotiations. OSE asked
that the Commission extend the plan indefinitely for nonexclusively represented
employees, as one approach to reducing the cost of state employment. Plan
A of the VWSAP permits an employee to reduce his or her work schedule
from one to sixteen hours per bi-weekly pay period without reduction in
benefits and leave accruals. Plan C permits employees to take unpaid leaves
of absence, without a break in service, for up to 3 months.
On motion duly made
and supported, the Commission unanimously approved Resolution G-7:
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| Section
1. |
The Civil
Service Commission determines that immediate action is necessary to approve
the amendments to Civil Service Rule 5-2 (Hours of Pay) regarding the Voluntary
Work Schedule Adjustment Plans and the Commission therefore waives the notice
requirements of Civil Service Rule 1-1. |
| Section
2. |
The proposed
amendments to Civil Service Rule 5-2 (Hours of Pay) regarding the Voluntary
Work Schedule Adjustment Plans, Revision A (dated March 25, 2003), are approved
effective immediately. |
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COMMISSION
APPEALS
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| 1. |
In
closed session by teleconference on February 27, 2003 the Commission considered
six decisions of the Employment Relations Board. In closed session on January
23, 2003 the Commission considered two decisions of the Employment Relations
Board. In closed session on March 27, 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. |
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ADJOURNMENT
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| The meeting
was adjourned at 11:25 a.m. |
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NOTE
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| 1. |
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, Lansing, Michigan. (517-373-3020.) |
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