Illinois Civil Service Commission met Friday, July 15.
The Civil Service Commission is a five-member body established by the Personnel Code. It is an integral part of the State of Illinois system of personnel administration based on merit principles and scientific method."
Here is the agenda as provided by Illinois:
July 15, 2016
1 REGULAR MEETING AGENDA ILLINOIS CIVIL SERVICE COMMISSION July 15, 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 JUNE 17, 2016
WILL THE COMMISSION APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD JUNE 17, 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. July 15, 2016 2
V. EXEMPTIONS UNDER SECTION 4d(3) OF THE PERSONNEL CODE
A. Report on Exempt Positions from Central Management Services Total Number of Exempt Agency Employees Positions Aging. 146.18 Agriculture. 373.20 Arts Council. 11.2 Capitol Development Board. 44.0 Central Management Services. 1,408.116 Children and Family Services. 2,567.50 Civil Service Commission. 3.0 Commerce & Economic Opportunity. 299.69 Commerce Commission. 60.0 Corrections. 11,780.98 Criminal Justice Authority. 52.7 Deaf and Hard of Hearing Comm. 5.1 Developmental Disabilities Council. 9.1 Emergency Management Agency. 72.6 Employment Security. 1,159.31 Environmental Protection Agency. 691.17 Financial & Professional Regulation. 427.49 Gaming Board. 171.6 Guardianship and Advocacy. 97.8 Healthcare and Family Services. 1,947.26 Historic Preservation Agency. 133.17 Human Rights Commission. 14.2 Human Rights Department. 128.9 Human Services. 13,312.77 Illinois Torture Inquiry Relief Commission. 2.1 Independent Tax Tribunal. 1.0 Insurance. 232.15 Investment Board. 3.2 Juvenile Justice. 1,090.27 Labor. 82.11 Labor Relations Board Educational. 9.3 Labor Relations Board State. 14.2 Law Enforcement Training & Standards Bd.. 20.2 Lottery. 144.8 Military Affairs. 131.3 Natural Resources. 1,348.32 Pollution Control Board. 20.2 Prisoner Review Board. 21.0 Property Tax Appeal Board. 33.1 Public Health. 1,114.39 Racing Board. 2.1 Revenue. 1,554.52 State Fire Marshal. 118.12 State Police. 1,026.10 State Police Merit Board. 6.2 State Retirement Systems. 106.3 Transportation. 2,190.0 Veterans’ Affairs. 1,355.10 Workers’ Compensation Commission. 129.11 TOTALS. 45,658.879 July 15, 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) *
C. Illinois Department of Central Management Services – proposed exemption Position Number 40070-37-14-001-00-01
Functional Title Manager of Human Capital Management
Incumbent Vacant
Supervisor Director of the Enterprise Resource Planning Program, who reports to Deputy Director-Bureau of Communication and Computer Services, who reports to the Assistant Director, who in turn reports to the Director.
Location: Sangamon County
CMS Recommendation: “This position meets 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.”
D. Illinois Department of Central Management Services – proposed exemption
Position Number 40070-37-30-000-02-01
Functional Title Healthcare Portfolio Manager, Bureau of Benefits
Incumbent Nancy R. King
Supervisor Deputy Director of Benefits Administration who reports to the Director
Location: Sangamon County
CMS Recommendation: “This position meets 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.”
E1. Illinois Department of Corrections – proposed exemption Position Number 40070-29-89-200-00-01
Functional Title Assistant Warden, Programs-Joliet Treatment Center
Incumbent Vacant
Supervisor Warden who reports to Deputy Director (North) who reports to Chief of Operations, who reports to Public Safety Officer who reports to the Director.
Location: Will County
E2. Illinois Department of Corrections – proposed exemption Position Number 40070-29-89-300-00-01
Functional Title Assistant Warden, Operations-Joliet Treatment Center
Incumbent Vacant
Supervisor Warden who reports to Deputy Director (North) who reports to Chief of Operations, who reports to Public Safety Officer who reports to the Director Location Will County July 15, 2016 5
E3. Illinois Department of Corrections – proposed exemption Position Number 40070-29-04-010-00-01
Functional Title Deputy Chief of Operations
Incumbent Mike Atchison Supervisor Chief of Operations, who reports to the Public Safety Officer who reports to the Director
Location: Randolph County
E4. Illinois Department of Corrections – proposed exemption Position Number 40070-29-08-000-01-01
Functional Title Chief Labor and Employment Counsel
Incumbent Chris Higgerson
Supervisor Governor’s Office-Chief Labor Counsel
Location: Csangamon County
CMS Recommendation: “These positions do meet the reporting criteria of the Commission Rules and considering the similarities of these requested positions with those of other 4d(3) exempt positions, I recommend 4d(3) exemptions.”
F1. Illinois Department of Children and Family Services – proposed exemption Position Number 40070-16-50-000-10-01
Functional Title Immersion Site Director
Incumbent Vacant
Supervisor Associate Director who reports to the Director Location Cook County
F2. Illinois Department of Children and Family Services – proposed exemption Position Number 40070-16-50-000-10-02
Functional Title Immersion Site Director
Incumbent Vacant
Supervisor Associate Director who reports to the Director Location Kane County
F3. Illinois Department of Children and Family Services – proposed exemptions Position Number 40070-16-50-000-10-03
Functional Title Immersion Site Director
Incumbent Vacant
Supervisor Associate Director who reports to the Director
Location: Sangamon County
F4. Illinois Department of Children and Family Services – proposed exemptions Position Number 40070-16-50-000-10-04
Functional Title Immersion Site Director Incumbent Vacant
Supervisor Associate Director who reports to the Director
Location: Jefferson County
CMS Recommendation: “These positions do meet the reporting criteria of the Commission Rules and considering the similarities of these requested positions with those of other 4d(3) exempt positions, I recommend 4d(3) exemptions.”
G. Illinois Prisoner Review Board – proposed exemption Position Number 37015-50-78-000-20-01
Functional Title Chief Legal Counsel
Incumbent Vacant
Supervisor Chairman of the Illinois Prisoner Review Board
Location: Sangamon County
County CMS Recommendation: “This position meets the reporting criteria of the Commission Rules and considering the similarity of the requested position with those of other 4d(3) exempt positions, I recommend 4d(3) exemption.”
H. Illinois Department of Insurance – proposed exemption Position Number 40070-14-00-000-20-01
Functional Title Media Administrator Incumbent Vacant
Supervisor Director
Location: Cook 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.”
WILL THE COMMISSION GRANT THE REQUEST FOR EXEMPTION FROM JURISDICTION B OF THE PERSONNEL CODE FOR THE FOLLOWING POSITIONS?
C: Manager of Human Capital Management (CMS)
D: Healthcare Portfolio Manager-Bureau of Benefits (CMS)
E1: Assistant Warden, Programs-Joliet Treatment Center (DOC)
E2: Assistant Warden, Operations-Joliet Treatment Center (DOC)
E3: Deputy Chief of Operations (DOC
E4: Chief Labor and Employment Counsel (DOC)
F1: Immersion Site Director-Cook County (DCFS)
F2: Immersion Site Director-Kane County (DCFS)
F3: Immersion Site Director-Sangamon County (DCFS)
F4: Immersion Site Director-Jefferson County (DCFS)
G: Chief Legal Counsel (PRB)
H: Media Administrator-Department of Insurance (DOI)
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 July 15, 2016 8 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? 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?
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 5/31/16 6/30/16 6/30/15 Agriculture 3 3 0 Central Management Services 6 8 1 Children and Family Services 2 2 2 Emergency Management Agency 1 1 0 Employment Security 3 3 0 Financial and Professional Regulation 2 2 0 Healthcare and Family Services 7 5 3 Historic Preservation Agency 1 1 0 Human Rights Department 0 1 0 Human Services 19 14 4 Insurance 2 2 0 Natural Resources 30 36 0 Revenue 0 0 7 State Retirement Systems 4 4 5 Workers’ Compensation Commission 2 3 0 Totals 82 85 22
XI. INTERLOCUTORY APPEALS DA-49-16 Employee Shawn Hawley Appeal Date 5/02/16 Agency Human Services Decision Date 6/22/16 Type Discharge ALJ Andrew Barris Issue(s) Filed a grievance on same issue as appeal Proposal for Decision Dismissed subject to approval of Commission; no jurisdiction.
DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
DA-52-16 Employee Beverly A. Jackson Appeal Date 5/09/16 Agency Human Services Decision Date 7/01/16 Type Discharge ALJ Andrew Barris Issue(s) Probationary discharge (not certified employee at time of discharge) Proposal for Decision Dismissed subject to approval of Commission; no jurisdiction.
DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
XII. PUBLICLY ANNOUNCED DECISIONS RESULTING FROM APPEALS
DA-14-16 Employee Jerome Robertson Appeal Date 9/14/15 Agency Corrections Decision Date 7/01/16 Appeal Type Discharge Proposal for Decision Discharge upheld. ALJ Daniel Stralka DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER? J
DA-29-16A Employee Antonio Brazzleton Appeal Date 12/29/15 Agency Corrections Decision Date 06/27/16 Appeal Type Discharge Proposal for Decision Discharge upheld. ALJ Daniel Stralka DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
DA-30-16 Employee Brian J. Smith Appeal Date 12/29/15 Agency Corrections Decision Date 06/27/16 Appeal Type Discharge Proposal for Decision Discharge upheld. ALJ Daniel Stralka DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
DA-31-16 Employee William H. Butler Appeal Date 12/29/15 Agency Corrections Decision Date 06/27/16 Appeal Type Discharge Proposal for Decision Discharge upheld. ALJ Daniel Stralka DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
DA-38-16 Employee Judith Hibbs Appeal Date 3/15/16 Agency Human Services Decision Date 6/29/16 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?
A Two appeals were consolidated with and under DA-29-16, Department of Corrections v. Brazzleton: (1) DA-30-16, Department of Corrections v. Brian J. Smith, and (2) DA-31-16, Department of Corrections v. William H. Butler. July 15, 2016 12 XIII. APPEAL TERMINATED WITHOUT DECISION ON THE MERITS DA-43-16 Employee James A. Calvin, Jr. Appeal Date 4/11/16 Agency Human Services Decision Date 6/27/16 Appeal Type Discharge Proposal for Decision Dismissed; withdrawn. ALJ Andrew Barris DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
XIV. STAFF REPORT XV. ANNOUNCEMENT OF NEXT REGULAR OPEN MEETING The next regular open meeting is to be held at 1:30 p.m. on Monday, August 22, 2016 at the Commission’s Springfield office.
XVI. MOTION TO ADJOURN
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