Illinois Civil Service Commission reviews jurisdiction exemptions

By Lhalie Castillo

Mar 19, 2017

The Illinois Civil Service Commission met Jan. 20 to review jurisdiction exemptions.

Here are the meeting's minutes, as provided by the commission:

"The Civil Service Commission is a 5-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."

January 20, 2017

REGULAR MEETING AGENDA ILLINOIS CIVIL SERVICE COMMISSION JANUARY 20, 2017

I. CALL TO ORDER THE REGULAR OPEN MEETING AT 11:00 A.M. AT 160 NORTH LASALLE STREET, ILLINOIS COMMERCE COMMISSION VIDEO CONFERENCE ROOM, 8TH FLOOR, SUITE N-801, BILANDIC BUILDING, CHICAGO, ILLINOIS AND 607 EAST ADAMS STREET, OFFICE OF EXECUTIVE INSPECTOR GENERAL VIDEO CONFERENCE ROOM, 14TH FLOOR, ILLINOIS BUILDING, SPRINGFIELD, ILLINOIS

II. PRESENT

III. APPROVAL OF MINUTES OF REGULAR OPEN MEETING HELD DECEMBER 16, 2016

WILL THE COMMISSION APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD DECEMBER 16, 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.

January 20, 2017

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. 139. 19 Agriculture. 314. 20 Arts Council. 8. 1 Capitol Development Board. 42. 0 Central Management Services. 1,316. 97 Children and Family Services. 2,542. 54 Civil Service Commission. 4. 0 Commerce & Economic Opportunity. 285. 71 Commerce Commission. 57. 0 Corrections. 11,737. 109 Criminal Justice Authority. 52. 7 Deaf and Hard of Hearing Comm.. 5. 1 Developmental Disabilities Council. 8. 1 Emergency Management Agency. 71. 7 Employment Security. 1,070. 31 Environmental Protection Agency. 671. 18 Financial & Professional Regulation. 399. 49 Gaming Board. 168. 6 Guardianship and Advocacy. 98. 8 Healthcare and Family Services. 1,887. 27 Historic Preservation Agency. 133. 17 Human Rights Commission. 14. 2 Human Rights Department. 122. 10 Human Services. 12,933. 80 Illinois Torture Inquiry Relief Commission. 3. 1 Independent Tax Tribunal. 1. 0 Innovation and Technology. 16. 13 Insurance. 229. 16 Investment Board. 3. 2 Juvenile Justice. 1,035. 28 Labor. 81. 12 Labor Relations Board Educational. 8. 3 Labor Relations Board State. 14. 2 Law Enforcement Training & Standards Bd.. 21. 2 Lottery. 140. 9 Military Affairs. 130. 3 Natural Resources. 1,087. 32 Pollution Control Board. 19. 2 Prisoner Review Board. 21. 1 Property Tax Appeal Board. 32. 1 Public Health. 1,072. 42 Racing Board. 2. 1 Revenue. 1,471. 48 State Fire Marshal. 119. 12 State Police. 1,003. 10 State Police Merit Board. 7. 2 State Retirement Systems. 104. 3 Transportation. 2,157. 0 Veterans’ Affairs. 1,305. 11 Workers’ Compensation Commission. 124. 11

TOTALS. 44,279. 902

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 Revenue – proposed exemption (continued from the

December 16, 2016 meeting)

Position Number 40070-25-00-000-20-01 Functional Title Chief Disclosure Officer Incumbent Vacant Supervisor Assistant Director who reports to the 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.”

D. Illinois Department of Central Management Services – proposed exemption

Position Number 40070-37-80-000-00-01 (exemption rescinded effective 12/16/16) Functional Title Deputy Director, Office of Communication and Information Incumbent Vacant Supervisor Chief Administrative Officer who reports to the Director Location Cook County

E. Illinois Department of Emergency Management Agency – proposed exemption

Position Number 40070-50-17-000-70-01 Functional Title Statewide Interoperability Coordinator (SWIC) Incumbent Vacant Supervisor Director Location Sangamon County

F. Illinois Department of Human Services – proposed exemption

Position Number 40070-10-00-000-12-01 Functional Title Statewide Housing Program and Employment First Coordinator Incumbent Vacant Supervisor Secretary Location Sangamon County

G. Illinois Department of Insurance – proposed exemption

Position Number 37015-14-15-100-00-01 Functional Title Agency Procurement Officer Incumbent Vacant Supervisor Chief Deputy Director who reports to the Director Location Sangamon County

H. Illinois Arts Council – proposed exemption

Position Number 40070-50-90-200-00-01 (exemption rescinded 11/18/16) Functional Title Deputy Director, Programs Incumbent Vacant Supervisor Executive Director Location Cook County

WILL THE COMMISSION GRANT THE REQUEST FOR EXEMPTION FROM JURISDICTION B OF THE PERSONNEL CODE FOR THE FOLLOWING POSITIONS?

C: Chief Disclosure Officer (DOR)

D: Deputy Director, Office of Communication and Information (CMS)

E: Statewide Interoperability Coordinator (Emergency Management)

F: Statewide Housing Program and Employment First Coordinator (Human

Services)

G: Agency Procurement Officer (Insurance)

H: Deputy Director, Programs (Arts Council)

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?

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?

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. These statistics are from the Department of Central Management Services’ Consecutive Non-Merit Appointment Reports.

Agency 11/30/16 12/31/16 12/31/15 Central Management Services 0 1 1 Children and Family Services 0 0 0 Emergency Management Agency 0 1 0 Employment Security 0 1 0 Financial and Professional Regulation 0 1 0 Gaming Board 1 1 0 Guardianship and Advocacy Comm. 1 2 0 Healthcare and Family Services 1 0 2 Human Services 9 4 13 Insurance 1 1 1 Juvenile Justice 0 0 1 Natural Resources 7 8 18 State Fire Marshal 1 1 0 State Retirement Systems 0 2 3 Transportation 2 1 5 Workers’ Compensation Commission 1 1 3 Totals 24 25 47

XI. STATUS OF RULES GRIEVANCES

XII. STAFF REPORT

XIII. ANNOUNCEMENT OF NEXT REGULAR OPEN MEETING

The next regular open meeting is to be held at 1:30 p.m. on Friday, February 17, 2017.

XIV. MOTION TO ADJOURN

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Illinois Civil Service Commission

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