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| May 17, 2005 Commission Minutes |
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State
of Michigan
DEPARTMENT OF CIVIL SERVICE
Civil Service Commission Meeting
May 17, 2005
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| Present: |
Susan Grimes
Munsell, Chairperson |
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F. Thomas
Lewand, Commissioner |
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James P.
Pitz, Commissioner |
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Sherry
L. McMillan, Commissioner |
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James D.
Farrell, State Personnel Director
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| 1. |
CALL
TO ORDER |
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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 Center, 400 S. Pine Street, Lansing, Michigan.
Chairperson Munsell noted that Commissioner Pitz was unable to join the
Commission in person, but would be participating in the meeting via conference
phone.
On motion duly made and supported, the Commission approved the minutes of
December 15, 2004.
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| 2. |
AMENDMENTS
TO AGENDA |
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Chairperson
Munsell noted for the record that there were no amendments to the agenda.
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| 3. |
INFORMATIONAL
REPORTS |
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Director's
Report: The Commission received the following report from State Personnel
Director James Farrell.
Unclassified Position Report: Civil Service Commission Rules require
the State Personnel Director to report on the establishment or abolishment
of positions in the unclassified service since the last Commission meeting
on December 15, 2004.
The Department of Information Technology submitted a request dated January
19, 2005, to establish an exempt, unclassified position to serve as the
Public Affairs Advisor. The request was approved on January 21, 2005.
The Department of Attorney General submitted a request dated February 15,
2005, to establish an exempt, unclassified position to serve as the Director
of Constituent Relations. The position of Director of Public Affairs was
abolished. The request was approved on February 28, 2005.
The Department of Attorney General submitted a request dated April 25, 2005,
to establish an exempt, unclassified position to serve as the Director of
Public Affairs. The position of Director of External Communications was
abolished. The request was approved on April 27, 2005.
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. Since the December
15, 2004, Commission meeting the following regulations were revised and
reissued:
Regulation 5.01, General Salary Schedule Administration
Effective: February 27, 2005
The regulation has been amended to include minor word changes, for clarification
purposes only, as well as the addition of item 4 to Standard F, Salary Upon
Personnel Action Other Than New Hire, RIF, or Recall, to address personnel
actions involving movement within the same classification and level to a
new pay grade (e.g., Services Specialists and some State Police Lieutenant
classifications). In addition, it has been determined that the language
in Standard D.2., Teacher Salary Schedules, is necessary and, therefore,
remains in place.
Regulation 5.02, Premium Payment of Overtime, On-Call Compensation,
and Call-
back Compensation
Effective: October 24, 2004 and March 27, 2005
Effective October 24, 2004, the regulation had a minor revision to reflect
the change in the highest eligible employee rate resulting from the general
wage increase effective October 1, 2004.
Effective March 27, 2005, the word "accumulation" was added to
the section in the regulation regarding scheduling of compensatory time.
Regulation 5.04, Special Pay Premiums
Effective: March 27, 2005
The regulation incorporates a new standard (J) and an additional number
(6) in the procedure to address necessary action when an employee becomes
ineligible for P-rate compensation.
Regulation 5.07, Performance-Pay Programs
Effective: March 27, 2005
The regulation contains minor word deletions and changes to Standards regarding
Performance-Pay and Salary Upon New Hire or Promotion to a Performance-Pay
Position in ECP Groups 1, 2, 3, or 4.
Regulation 5.08, Paid Holidays
Effective: March 27, 2005
The regulation contains minor changes to incorporate the Civil Service Commission
approval of an Election Day holiday.
Regulation 5.09, Annual, Personal, and School & Community Participation
Leave
Effective: March 27, 2005
The regulation contains minor changes to the Annual Leave Standard (A) (2)(f)
and (5) to incorporate the Commission's approval that increases the annual
leave maximum accumulation cap at each level by 40 hours, while leaving
payoff caps the same. This standard also has new language that clarifies
that an employee may not receive any annual leave payoff when moved from
one state department to another as a result of an executive reorganization.
Regulation 5.13, Disability Payment for Duty-Incurred Injuries
Effective: March 27, 2005
In the regulation, the standard for Supplemental Pay contains a minor change
to reflect that approvals and extensions for supplemental duty-disabled
pay go to the director of the Employee Health Management Division rather
than the director of Employee Benefits.
Statewide Health Plan Dependent Audit
Director Farrell noted that with the support and participation of the
Office of the State Employer, the department began a dependent audit of
all employees who have been identified as covering a dependent under one
or more of the State of Michigan's group insurance plans. The purpose of
the audit is to validate that all dependents currently covered by employees
meet the eligibility criteria. During Phase I, state employees voluntarily
removed ineligible dependents which resulted in savings of $1.3 million.
Phase II of the audit began on March 18, 2005, with an audit of all affected
Department of Civil Service employees. All state agencies will roll out
the dependent audit to their affected employees in the next several months.
HR Optimization
Director Farrell updated the Commission on progress of Phase II of the
HR Optimization project currently underway. The department continues to
meet with human resource directors and the Office of the State Employer
to identify additional opportunities to enhance efficiencies and reduce
costs by streamlining human resource processes, and potentially centralizing
a number of human resource programs and processes within the MI HR Service
Center or other appropriate areas.
Huron Valley Center Restructuring
A March 18, 2005, request from the Department of Community Health (DCH)
was approved to place on departmental recall lists the names of 50 non-exclusively
represented employees (NERES) who were displaced as a result of the organizational
changes to the Huron Valley Center, and the resulting establishment of the
Huron Valley Complex in the Department of Corrections (DOC). NERE employees
will be placed on departmental recall lists only, not on statewide recall
lists. All remaining provisions of Civil Service Rule 3-2.3 apply to the
recall of these employees. Approval of this request provides equitable treatment
to both NEREs and represented employees.
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| 4. |
UNFINISHED
BUSINESS |
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Chairperson
Munsell noted there was no unfinished business.
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| 5. |
NEW
BUSINESS |
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a. |
Department
of Civil Service Budget Reduction |
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|
Carol Vargovich,
Budget and Financial Services Division, presented a Resolution for Commission
approval concerning a reduction in the Civil Service Budget. Ms. Vargovich
noted that the reduction is in response to the Governor's Executive Order
2005-7, which was issued subsequent to the Commission's approval of the
FY '04-'05 budget for the Department of Civil Service. The resolution requested
a general fund reduction of $229,300 in the department's FY '04-'05 budget.
The State Personnel Director is authorized to take any action necessary
to implement the provisions of this resolution so that Department of Civil
Service expenditures are reduced as specified for FY '04-'05.
On motion duly made and supported, the Commission approved Resolution 5a.
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|
b. |
This agenda
item concerning Travel Reimbursement Rates for FY '06 was deferred to the
next Commission meeting at the request of DMB.
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c. |
Dan McLellan,
General Council for the Commission, presented information and staff recommendations
on the following seven Letters of Understanding which had received interim
approval by State Personnel Director Farrell and Chairperson Munsell, and
are now before the Commission for approval.
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(1) |
Amendments
to the OSE-MSEA Primary CBAs - Safety & Regulatory Unit and Labor &
Trades Unit |
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The amendments
are corrections to the CBAs originally submitted by the parties and approved
by the Civil Service Commission on December 15, 2004. Corrections were as
follows: increase the administrative leave bank to 4,176 hours annually,
plus an additional 1,560 hours for the current year for both units; add
a new Article 13, Assignment and Transfer, for the Labor & Trades Unit
that was accidentally omitted from the CBA; add a letter of understanding
(for both units) regarding the voluntary work schedule adjustment program
that was previously omitted from the CBA.
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(2) |
Letter
of Understanding for the OSE-MPE, SEIU Local 517M Primary CBAs - Scientific
& Engineering and Human Services Support Units
These two letters of understanding increase the cap on annual leave
accumulations to be consistent with the cap increases approved in all other
CBAs for NEREs.
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(3) |
Letter
of Understanding for the OSE-AFSCME Primary CBA
This letter of understanding allows bargaining unit members to donate annual
leave credits to other bargaining unit members facing financial hardship.
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(4) |
Letter
of Understanding for the OSE-MCO Primary CBA - Security Unit
This letter of understanding for the Michigan Corrections Organization creates
a one-time training rate for Forensic Security Aides who transfer from the
Department of Community Health to the Department of Corrections in Corrections
Officer 8 positions due to the reorganization of the Huron Valley Center.
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(5) |
Letters
of Understanding for all Primary CBAs (excluding State Police Unit)
These letters of understanding advance the effective date of the disease
management program and a PPO network for durable medical equipment and prosthetic
and orthotic devices from October 1, 2005, to April 1, 2005. |
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(6) |
Letter
of Understanding for the OSE-AFSCME Primary CBA - Institutional Unit
This letter of understanding increases the maximum number of hours a temporary
non-career employee (State Worker 4 classification) may work in the Department
of Natural Resources from 720 hours to 1,040 hours.
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(7) |
Amendments
of the OSE-MSEA Primary CBA - Safety & Regulatory and Labor & Trades
Units
These amendments are corrections to the CBAs originally submitted by the
parties and approved by the Commission on December 15, 2004. The corrections
are as follows: Under Article 5., increase the number of courses eligible
for reimbursement in any one semester from one course to two courses; in
Appendix B (Safety & Regulatory Unit), make six classes overtime eligible;
letter of understanding for State Worker 4, provide special treatment for
these temporary non-career employees; letter of understanding for the Flexible
Compensation Plan, which continues the stored value debit card program offered
by the State's health spending account administrator.
On motion duly made and supported, the Commission confirmed the interim
approvals granted for 5c.-1 through 5c.-7.
For the record, Commissioner Lewand noted that it was his understanding
that any comments received from either the unions, NEREs, or Office of the
State Employer have been incorporated in these changes, Dan McLellan confirmed
this understanding.
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|
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(8) |
Amendment
to the FY '05 NERE Compensation Plan
Dan McLellan noted that this is the same plan that the Commission approved
for all the unions-advancing the effective date of the disease management
program and the PPO network for durable medical equipment and prosthetic
and orthotic devices from October 1, 2005, to April 1, 2005.
On motion duly made and supported, the Commission confirmed the interim
approval granted for 5c.-8.
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(9) |
Amendments
to the OSE-UAW Primary CBA - Administrative Support Unit
This letter of understanding permits the State Police Criminal Justice Information
Center to hire up to 20 temporary employees (in the State Worker 4 classification)
to be paid $10.04 for up to 2,080 hours, unless extended by the parties.
Staff proposes, and the unions and the Office of the State Employer have
no objections to, a clarification in their letter of understanding that
if all parties agree to extend the duration of the appointments beyond 2,080
hours, the increase would require the consent of the Commission.
On motion duly made and supported, the Commission confirmed the interim
approval granted for 5c.-9.
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(10) |
Letters
of Understanding to the OSE-UAW and OSE-MPE, SEIU Local 517M Primary Agreements
- Scientific & Engineering Unit
At the December 15, 2004, meeting, the Commission approved an effective
date of October 1, 2005, for the optional signing bonus program for registered
nurses and pharmacists. These letters of understanding would advance the
effective date to May 17, 2005.
On motion duly made and supported, the Commission approved 5c.-10.
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(11) |
Amendments
to Rule 5-6.11, Signing Bonus
This amendment advances the effective date of the optional signing bonus
program for pharmacist managers and excluded dentists from October 1, 2005,
to May 17, 2005.
On motion duly made and supported, the Commission approved 5c.-11.
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Chairperson
Munsell noted that Items 5c.-12 through 5c.-15 will be addressed as a single
motion.
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(12) |
Letter
of Understanding to the OSE-UAW Primary Agreement - Huron Valley Center
This letter of understanding establishes a special transfer list for UAW-represented
employees in the Department of Community Health affected by the reorganization
of the Huron Valley Center.
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(13) |
Letter
of Understanding to the DCH-MCO Secondary Agreement - Huron Valley Center
The letter of understanding provides vacancy and recall provisions for MCO-represented
employees in the DCH affected by the reorganization of the Huron Valley
Center.
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|
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(14) |
Letter
of Understanding to Amend the DCH-AFSCME Secondary Agreement - Huron Valley
Center
This letter of understanding establishes special recall provisions for AFSCME
members affected by the reorganization of the Huron Valley Center.
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|
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(15) |
Letter
of Understanding to Amend the OSE-MPE, SEIU Local 517
(Scientific & Engineering Unit) Primary Agreement - Emerald Ash Borer
Program
The letter of understanding provides for special recall provisions to Department
of Agriculture employees who do not accept reassignments as the result of
the restructuring of the Emerald Ash Borer Program.
Upon motion duly made and supported, the Commission approved 5c.-12 through
5c.-15.
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|
d. |
Approval
of Secondary Collective Bargaining Agreements
The Office of the State Employer submitted the following secondary collective
bargaining agreements between the OSE and the following exclusive representatives
for Commission review and approval:
- 13 for the Michigan
State Employees Association (MSEA)
- 17 for the International
Union, United Automobile, Aerospace, & Agricultural Implement Workers
of America (UAW )
- 2 for the American
Federation of State, County, and Municipal Employees (AFSCME), Council
25
Mr. McLellan noted there
are two secondary agreements out for ratification by members at this time,
and four secondary agreements are currently at impasse.
Commissioner Lewand asked whether the secondary agreements that are at impasse
should be reported on at today's meeting. Mr. McLellan responded that the
Employment Relations Board (ERB) hearings are not scheduled until June,
so it would be premature to report on them today. He commented that the
parties are continuing to negotiate, and some may be settled prior to the
ERB meeting, but the Board will issue a report and recommendation on those
remaining secondary agreements shortly after they meet.
On motion duly made and supported, the Commission approved 5d.
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|
e. |
Military Leaves
of Absence: Amendments to Rules 2-14, 8-1, 8-2, and 9-1
Dan McLellan noted several reasons for the need to amend the Civil
Service Rules governing the rights and benefits of employees absent from
the classified service due to military service. Among these are:
- Inconsistencies
and overlap between the federal Uniformed Services Employment and Re-employment
Rights Act (USERRA) of 1994 and Civil Service Rules.
- Unclear interpretation
of the four types of military leaves that are provided for in the Civil
Service Rules.
- Antiquity of the
Civil Service Rules adopted shortly after the Commission was initially
approved in 1945 which benefited employees who were drafted into military
service, but does not apply to our largely voluntary military forces
of today.
The staff proposal would
completely revise the affected Civil Service Rules & Regulations to
remedy these interpretation problems and provide the same rights and benefits
to classified employees that they receive under USERRA. This analog set
of rules and regulations concerning military leaves will enable employees
who have these rights to utilize the Civil Service grievance process, in
addition to some supplemental provisions under existing Civil Service Rules.
(Note: The regulations do not require Commission approval.)
David Fink, Director,
Office of the State Employer, thanked the Commission and Commission staff
on behalf of the Governor for addressing this important issue. He commented
that in at least one instance, he felt these inconsistencies unintentionally
punished volunteerism. Mr. Fink indicated the Governor's and his support
for this proposal, as well as the proposed amendments to the Veterans'
Preference Rules.
On motion duly made
and supported, the Commission approved 5e.
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f. |
Veterans'
Preference: Amendments to Rules 2-14 and 3-8
Dan McLellan indicated that the current Veterans' Preference Rule has
also been around for many years for veterans and certain veterans' spouses.
The rule gave either five or ten points on the Civil Service examinations.
With the modernization of Civil Service assessment systems and elimination
of many exams, the effectiveness of a point preference has been reduced.
The amendment to Rule 3-8 would add two new options:
- Keep the current
exam point preference for those cases where Civil Service exams result
in ranking candidates who pass the exam.
- In the event there
is no Civil Service ranked numerical exam, appointing authorities who
use a screening test for their applicants would give a five or ten percent
point preference, similar to the current system for Civil Service exams.
- If neither of the
first two options is applicable because of a lack of testing or screening
scores that can be increased with a point preference, there would be
a candidate pool guarantee for the eligible veterans and veterans' spouses.
Staff believe this proposal
is a considerable benefit that rewards veterans and veterans' spouses in
important ways in trying to get jobs in state government, while at the same
time remaining consistent with the basic merit principles of the Constitution.
On motion duly made
and supported, the Commission approved 5f.
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|
g. |
Expense
Reimbursement: Amendments to Rule 5-7
Dan McLellan reminded the Commission that in 1999 they approved the
use of the Internal Revenue Service (IRS) mileage reimbursement rate as
the state's "premium mileage rate" (when the employee has prior
approval to use a private vehicle or when a state vehicle is unavailable).
The state premium rate adjusts automatically when changed by the IRS. Although
this provision was implemented by the Commission and Department of Management
and Budget, this change was never incorporated into the applicable Civil
Service Rule. The proposal formally amends Rule 5-7.1 to incorporate these
directions.
On motion duly made
and supported, the Commission approved 5g.
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h. |
Group
Insurance Plans: Amendments to Rules 5-11 and 9-1
Mr. McLellan reviewed the proposed amendments to Rule 5-11 governing
group insurance plans and Rule 9-1, Definitions. The amendments would provide
for the following:
- Expansion of the
definition of group insurance benefits to be more inclusive as part
of the process of reviewing employment benefits and group insurance
benefits and providing a better complaint process for employees.
- Authorization of
appeals by employees to the Commission on benefit complaints.
On motion duly made
and supported, the Commission approved 5h.
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| 6. |
PUBLIC
COMMENT |
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Chairperson
Munsell noted there were no further requests for public comment.
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| ADJOURNMENT |
There
being no further items for Commission approval or public comments to be
heard, Chairperson Munsell adjourned the meeting at 10:40 a.m.
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| 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, Lansing, Michigan. (517-373-3020) |
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2009 Commission Meeting Minutes |
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2008 Commission Meeting Minutes |
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December 19, 2007 Commission Minutes |
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August 21, 2007 Commission Minutes |
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2006 Commission Meeting Minutes |
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2005 Commission Meeting Minutes |
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2004 Commission Meeting Minutes |
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2003 Commission Meeting Minutes |
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2007 Commission Meeting Minutes |
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2002 Commission Meeting Minutes |
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January 31, 2007 Commission Minutes |
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