Illinois Civil Service Commission discusses policy making
The Illinois Civil Service Commission met Sept. 16 to discuss the amount and scope of principal policy making authority.
Here are the meeting's minutes, as provided by the commission:
September 16, 2016 1 REGULAR MEETING AGENDA ILLINOIS CIVIL SERVICE COMMISSION September 16, 2016 I. CALL TO ORDER THE REGULAR OPEN MEETING AT 11:00 A.M. AT 160 NORTH LASALLE STREET, SUITE S-901, CHICAGO, ILLINOIS II. PRESENT III. APPROVAL OF MINUTES OF REGULAR OPEN MEETING HELD AUGUST 22, 2016 WILL THE COMMISSION APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD AUGUST 22, 2016? IV. PUBLIC COMMENT IN ACCORDANCE WITH THE OPEN MEETINGS ACT MEMBERS OF THE PUBLIC ARE OFFERED AN OPPORTUNITY TO ADDRESS MEMBERS OF THE COMMISSION IN ACCORDANCE WITH THE OPEN MEETINGS ACT AND RULES OF THE CIVIL SERVICE COMMISSION. September 16, 2016 2 V. EXEMPTIONS UNDER SECTION 4d(3) OF THE PERSONNEL CODE A. Report on Exempt Positionsfrom Central Management Services Total Number of Exempt Agency Employees Positions Aging. 149.18 Agriculture. 365.20 Arts Council. 10.2 Capitol Development Board. 43.0 Central Management Services. 1,374.106 Children and Family Services. 2,561.54 Civil Service Commission. 3.0 Commerce & Economic Opportunity. 297.69 Commerce Commission. 60.0 Corrections. 11,874.100 Criminal Justice Authority. 51.7 Deaf and Hard of Hearing Comm. 5.1 Developmental Disabilities Council. 8.1 Emergency Management Agency. 69.6 Employment Security. 1,136.31 Environmental Protection Agency. 691.17 Financial & Professional Regulation. 418.49 Gaming Board. 169.6 Guardianship and Advocacy. 94.8 Healthcare and Family Services. 1,935.26 Historic Preservation Agency. 133.17 Human Rights Commission. 14.2 Human Rights Department. 125.9 Human Services. 13,068.77 Illinois Torture Inquiry Relief Commission. 2.1 Independent Tax Tribunal. 1.0 Innovation and Technology. 2.11 Insurance. 223.15 Investment Board. 3.2 Juvenile Justice. 1,069.27 Labor. 84.11 Labor Relations Board Educational. 11.3 Labor Relations Board State. 15.2 Law Enforcement Training & Standards Bd.. 20.2 Lottery. 144.9 Military Affairs. 131.3 Natural Resources. 1,252.32 Pollution Control Board. 20.2 Prisoner Review Board. 21.1 Property Tax Appeal Board. 31.1 Public Health. 1,095.39 Racing Board. 2.1 Revenue. 1,530.52 State Fire Marshal. 118.12 State Police. 1,023.10 State Police Merit Board. 7.2 State Retirement Systems. 101.3 Transportation. 2,157.0 Veterans’ Affairs. 1,328.10 Workers’ Compensation Commission. 131.11 TOTALS. 45,173.888 September 16, 2016 3 B. Governing Rule – Section 1.142 Jurisdiction B Exemptions a) The Civil Service Commission shall exercise its judgment when determining whether a position qualifies for exemption from Jurisdiction B under Section 4d(3) of the Personnel Code. The Commission will consider any or all of the following factors inherent in the position and any other factors deemed relevant to the request for exemption: 1) The amount and scope of principal policy making authority; 2) The amount and scope of principal policy administering authority; 3) The amount of independent authority to represent the agency, board or commission to individuals, legislators, organizations or other agencies relative to programmatic responsibilities; 4) The capability to bind the agency, board or commission to a course of action; 5) The nature of the program for which the position has principal policy responsibility; 6) The placement of the position on the organizational chart of the agency, board or commission; 7) The mission, size and geographical scope of the organizational entity or program within the agency, board or commission to which the position is allocated or detailed. b) The Commission may, upon its own action after 30 days notice to the Director of Central Management Services or upon the recommendation of the Director of the Department of Central Management Services, rescind the exemption of any position that no longer meets the requirements for exemption set forth in subsection (a). However, rescission of an exemption shall be approved after the Commission has determined that an adequate level of managerial control exists in exempt status that will insure responsive and accountable administrative control of the programs of the agency, board or commission. c) For all positions currently exempt by action of the Commission, the Director of Central Management Services shall inform the Commission promptly in writing of all changes in essential functions, reporting structure, working title, work location, position title, position number or specialized knowledge, skills, abilities, licensure or certification. d) Prior to granting an exemption from Jurisdiction B under Section 4d(3) of the Personnel Code, the Commission will notify the incumbent of the position, if any, of its proposed action. The incumbent may appear at the Commission meeting at which action is to be taken and present objections to the exemption request. (Source: Amended at 34 Ill. Reg. 3485, effective March 3, 2010) * * * September 16, 2016 4 C. Illinois Department of Juvenile Justice – proposed exemption (continued from August 22, 2016 meeting) Position Number 37015-27-00-000-10-01 Functional Title Equal Employment Opportunity Officer/Affirmative Action Officer Incumbent Vacant Supervisor Director Location Sangamon County CMS Recommendation: “This position does meet the reporting criteria of the Commission Rules and considering the similarities of this requested position with those of other 4d(3) exempt positions, I recommend 4d(3) exemption.” D1. Illinois Department of Central Management Services – proposed exemption Position Number 40070-37-00-200-00-01 Functional Title Deputy Director, Office of Operational Excellence Incumbent Vacant Supervisor Director Location Sangamon County D2. Illinois Department of Central Management Services – proposed exemption Position Number 40070-37-00-200-10-01 Functional Title Assistant Deputy Director, Office of Operational Excellence Incumbent Vacant Supervisor Deputy Director, Office of Operational Excellence who reports to the Director Location Sangamon County CMS Recommendation: “These positions do meet the reporting criteria of the Commission Rules and considering the similarities of the requested positions with those of other 4d(3) exempt positions, I recommend 4d(3) exemption.” WILL THE COMMISSION GRANT THE REQUEST FOR EXEMPTION FROM JURISDICTION B OF THE PERSONNEL CODE FOR THE FOLLOWING POSITIONS? C: Equal Employment Opportunity Officer/Affirmative Action Officer (DJJ) D1: Deputy Director, Office of Operational Excellence (CMS) D2: Assistant Deputy Director, Office of Operational Excellence (CMS) September 16, 2016 5 VI. CLASS SPECIFICATIONS A. Governing Rule – Section 1.45 Classification Plan The Commission will review the class specifications requiring Commission approval under the Classification Plan and will approve those that meet the requirements of the Personnel Code and Personnel Rules and conform to the following accepted principles of position classification: a) The specifications are descriptive of the work being done or that will be done; b) Identifiable differentials are set forth among classes that are sufficiently significant to permit the assignment of individual positions to the appropriate class; c) Reasonable career promotional opportunities are provided; d) The specifications provide a reasonable and valid basis for selection screening by merit examinations; e) All requirements of the positions are consistent with classes similar in difficulty, complexity and nature of work. B. None submitted WILL THE COMMISSION DISAPPROVE ANY CLASS SPECIFICATIONS RECEIVED BY THE COMMISSION STAFF BUT NOT INCLUDED IN THIS AGENDA TO ALLOW ADEQUATE STUDY? VII. PERSONNEL RULES A. Civil Service Commission Governing Rule – Section 1.310 Personnel Rules The Commission has power to disapprove new rules or amendments to existing rules submitted by the Director of Central Management Services. Such proposed new rules or amendments of existing rules submitted to the Commission shall be accompanied by a report of proceedings attending the prior public hearing required by law with respect to them. If the Commission does not disapprove new rules or any amendment to existing rules within 30 days following the receipt from the Director of Central Management Services, the new rules or amendments have the force and effect of law after filing by the Director with the Secretary of State. B. None submitted WILL THE COMMISSION DISAPPROVE ANY AMENDMENTS TO PERSONNEL RULES RECEIVED BY THE COMMISSION STAFF BUT NOT INCLUDED IN THIS AGENDA TO ALLOW ADEQUATE STUDY? September 16, 2016 6 VIII. MOTION TO CLOSE A PORTION OF THE MEETING PURSUANT TO SUBSECTIONS 2(c)(1), 2(c)(4), AND 2(c)(11) OF THE OPEN MEETINGS ACT, WILL THE COMMISSION CLOSE A PORTION OF THE MEETING TO CONSIDER APPEALS FILED WITH THE COMMISSION, LITIGATION, AND/OR SPECIFIED EMPLOYMENT MATTERS? September 16, 2016 7 IX. RECONVENE THE REGULAR OPEN MEETING X. NON-MERIT APPOINTMENT REPORT The Personnel Code permits non-merit appointments for a limited period of time, i.e., emergency appointments shall not exceed 60 days and shall not be renewed, and positions shall not be filled on a temporary or provisional basis for more than six months out of any twelve-month period. Consecutive non-merit appointments are not violative of the Code; however, they do present a possible evasion of merit principles and should be monitored. Set forth below is the number of consecutive non-merit appointments made by each department. These statistics are from the Department of Central Management Services’ Consecutive Non-Merit Appointment Reports. Agency 7/31/16 8/31/16 8/31/15 Agriculture 3 2 6 Arts Council 0 0 1 Central Management Services 6 3 4 Children and Family Services 1 1 2 Emergency Management Agency 1 1 0 Employment Security 2 0 1 Financial and Professional Regulation 1 1 0 Healthcare and Family Services 5 3 5 Historic Preservation Agency 1 1 3 Human Rights Department 1 1 0 Human Services 9 8 7 Insurance 1 1 1 Natural Resources 28 21 43 Public Health 0 0 1 Revenue 0 0 6 State Fire Marshal 1 1 0 State Police 0 1 0 State Retirement Systems 2 1 5 Transportation 0 1 2 Workers’ Compensation Commission 3 3 1 Totals 65 50 88 September 16, 2016 8 XI. PUBLICLY ANNOUNCED DECISIONS RESULTING FROM APPEALS DA-48-16 Employee Vanda Bagot Appeal Date 5/02/16 Agency Human Services Decision Date 9/02/16 Appeal Type Discharge Proposal for Decision Discharge upheld. ALJ Andrew Barris DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER? DA-53-16 Employee Troy D. Jones Appeal Date 5/16/16 Agency Transportation Decision Date 9/01/16 Appeal Type Discharge Proposal for Decision Discharge upheld. ALJ Andrew Barris DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER? XII. APPEALS TERMINATED WITHOUT DECISION ON THE MERITS DA-3-17 Employee Elisabeth Damia Appeal Date 7/13/16 Agency Children & Family Services Decision Date 8/15/16 Appeal Type Discharge Proposal for Decision Dismissed; withdrawn. ALJ Andrew Barris DA-8-17 Employee Thomas A. Frescura Appeal Date 8/02/16 Agency Revenue Decision Date 8/30/16 Appeal Type Discharge Proposal for Decision Dismissed; withdrawn ALJ Andrew Barris DA-11-17 Employee Kevin M. Orlowski Appeal Date 8/24/16 Agency Juvenile Justice Decision Date 8/30/16 Appeal Type Discharge Proposal for Decision Dismissed; withdrawn. ALJ Andrew Barris September 16, 2016 9 DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSALS FOR DECISION IN THE ABOVE MATTERS? XIII. FY 2016 ANNUAL REPORT WILL THE COMMISSION APPROVE THE FISCAL YEAR 2016 ANNUAL REPORT? XIV. MEETING SCHEDULE FOR 2017 WILL THE COMMISSION APPROVE THE FOLLOWING AS ITS MEETING SCHEDULE FOR 2017? January 20, 2017 Chicago July 21, 2017 Chicago February 17, 2017 Chicago August 18, 2017 Springfield March 17, 2017 Chicago September 15, 2017 Chicago April 21, 2017 Springfield October 20, 2017 Chicago May 19, 2017 Chicago November 17, 2017 Springfield June 16, 2017 Chicago December 15, 2017 Chicago Chicago meetings commence at 11:00 a.m. Springfield meetings commence at 1:30 p.m. XV. STAFF REPORT XVI. ANNOUNCEMENT OF NEXT REGULAR OPEN MEETING The next regular open meeting is to be held at 11:00 a.m. on Friday, October 21, 2016 at the Commission’s Chicago office. XVII. MOTION TO ADJOURN