The Illinois Civil Service Commission met Sept. 16 to set the 2017 meeting schedule.
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."
REGULAR MEETING MINUTES ILLINOIS CIVIL SERVICE COMMISSION September 16, 2016
I. CALL TO ORDER THE REGULAR OPEN MEETING AT 11:02 A.M. AT 160 NORTH
LASALLE STREET, SUITE S-901, CHICAGO, ILLINOIS
II. PRESENT
Anita M. Cummings, G.A. Finch, Susan Moylan Krey, and Casey Urlacher, Commissioners; Daniel Stralka, Executive Director; Andrew Barris (by telephone), Assistant Executive Director and Jane Ryan (by telephone), Exemption Monitor; Roneta Taylor (by telephone), Mike Quinlan (by telephone), Sherry Campbell (by telephone), and John Logsdon (by telephone), Illinois Department of Central Management Services; Katherine Williams (by telephone) and Mike Taylor (by telephone), Illinois Department of Juvenile Justice.
III. APPROVAL OF MINUTES OF REGULAR OPEN MEETING HELD ON AUGUST 22, 2016
IT WAS MOVED BY COMMISSIONER URLACHER, SECONDED BY COMMISSIONER FINCH, AND THE MOTION ADOPTED 4-0, TO APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD ON AUGUST 22, 2016.
IV. PUBLIC COMMENT IN ACCORDANCE WITH THE OPEN MEETINGS ACT
At this time, in accordance with the Open Meetings Act and the Rules of the Civil Service Commission, Executive Director Daniel Stralka offered an opportunity for any person to address members of the Commission. Hearing no response, the meeting proceeded to the next agenda item.
V. EXEMPTIONS UNDER SECTION 4d(3) OF THE PERSONNEL CODE
A. Report on Exempt Positions from Department of 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
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. Requests for 4d(3) Exemption
Exemption Monitor Jane Ryan reported the following:
? As to Items C, this request is from the Department of Juvenile Justice (DJJ) for an Equal Employment and Affirmative Action Officer (EEO Officer). The position reports to the Director. The EEO Officer position will have principal policy making responsibility for the Equal Employment Opportunity/Affirmative Action program and be responsible for implementation within the Agency. DJJ employs over 1,000 people and is responsible for the care and well-being of juveniles under its jurisdiction. This exposes the Agency to EEO/Affirmative Action claims by both employees and residents. The size and nature of the agency are a key consideration as the Commission has a mixed history of approving 4d(3) exemptions of this nature. Staff recommended approval.
? As to Items D1 and D2, Central Management Service has requested these items be continued to the October meeting of the Commission. Staff had no objection.
IT WAS MOVED BY COMMISSIONER FINCH, SECONDED BY COMMISSIONER URLACHER, AND THE MOTION ADOPTED 4-0 TO GRANT THE EXEMPTION REQUEST FOR THE FOLLOWING POSITION:
C: Equal Employment Opportunity Officer/Affirmative Action Officer (DJJ)
IT WAS MOVED BY COMMISSIONER CUMMINGS, SECONDED BY COMMISSIONER URLACHER, AND THE MOTION ADOPTED 4-0 TO CONTINUE THE FOLLOWING EXEMPTION REQUESTS TO THE SEPTEMBER 2016 MEETING:
D1: Deputy Director, Office of Operational Excellence (CMS) D2: Assistant Deputy Director, Office of Operational Excellence (CMS)
The following 4d(3) exemption request was granted on September 16, 2016:
C. Illinois Department of Juvenile Justice
Position Number 37015-27-00-000-10-01
Functional Title
Equal Officer
Employment Opportunity Officer/Affirmative Action
Incumbent Vacant Supervisor Director Location Sangamon County
The following 4d(3) exemption requests were continued to the October 2016 meeting:
D1. Illinois Department of Central Management Services
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
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
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
IT WAS MOVED BY COMMISSIONER KREY, SECONDED BY COMMISSIONER URLACHER, AND THE MOTION ADOPTED 4-0 TO DISAPPROVE ANY CLASS SPECIFICATIONS RECEIVED BY THE COMMISSION STAFF NOT CONTAINED 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
IT WAS MOVED BY COMMISSIONER CUMMINGS, SECONDED BY COMMISSIONER KREY, AND THE MOTION ADOPTED 4-0 TO DISAPPROVE ANY AMENDMENTS TO PERSONNEL RULES RECEIVED BY THE COMMISSION STAFF BUT NOT CONTAINED IN THIS AGENDA TO ALLOW ADEQUATE STUDY.
VIII. MOTION TO CLOSE A PORTION OF THE MEETING
IT WAS MOVED BY COMMISSIONER FINCH, SECONDED BY COMMISSIONER KREY, AND BY ROLL CALL VOTE THE MOTION ADOPTED 4-0 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.
CUMMINGS YES FINCH YES KREY YES URLACHER YES
IX. RECONVENE THE OPEN MEETING
Upon due and proper notice the regular open meeting of the Illinois Civil Service Commission was reconvened at 160 North LaSalle Street, Suite S-901, Chicago, Illinois at 11:35 a.m.
PRESENT
Anita M. Cummings, G.A. Finch, Susan Moylan Krey and Casey Urlacher, Commissioners; Daniel Stralka, Executive Director; and Andrew Barris (by telephone), Assistant Executive Director and Jane Ryan (by telephone), Exemption Monitor.
X. NON-MERIT APPOINTMENT REPORT
Set forth below is the number of consecutive non-merit appointments made by each agency as reported by Central Management Services:
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
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 ALJ Andrew Barris
Proposal for Decision Discharge upheld.
IT WAS MOVED BY COMMISSIONER URLACHER, SECONDED BY COMMISSIONER FINCH, AND BY ROLL CALL VOTE OF 4-0 THE MOTION ADOPTED TO AFFIRM AND ADOPT THE FINDINGS OF FACT OF THE PROPOSAL FOR DECISION AND PARTIALLY AFFIRM AND ADOPT THE CONCLUSIONS OF LAW, WHILE MODIFYING THE RECOMMENDATION THAT DISCHARGE IS THE APPROPRIATE LEVEL OF DISCIPLINE TO BE IMPOSED.
IT IS HEREBY DETERMINED THAT THE WRITTEN CHARGES FOR DISCHARGE HAVE BEEN PROVEN BUT CONSIDERING THE NATURE OF THE OFFENSES AND THE EMPLOYEE’S LENGTH OF CONTINUOUS SERVICE, THE PROVEN CHARGES DO NOT RISE TO THE LEVEL WHICH SOUND PUBLIC OPINION RECOGNIZES AS GOOD CAUSE FOR THE EMPLOYEE TO NO LONGER HOLD THE POSITION. THE EVIDENCE INDICATES THAT THE EMPLOYEE WAS HELD TO A STANDARD OF JOB PERFORMANCE ALLOWING NO MISTAKES OR MISCOMMUNICATION THAT THE AGENCY ITSELF WAS UNABLE TO MEET. FOR INSTANCE, ON THE STATEMENT OF CHARGES, THE AGENCY FAILED TO INCLUDE THE DATE OF THE ALLEGED MISCONDUCT IN CHARGE 3 WHILE ALSO LISTING AN INCORRECT DATE FOR THE EMPLOYEE’S PRIOR DISCIPLINE.
MOREOVER, THE EVIDENCE INDICATES THAT THE EMPLOYEE’S SUPERVISOR NEVER LISTENED TO HER INPUT, LEADING TO A REASONABLE CONCLUSION THAT SHE WOULD NEVER BE ABLE TO PERFORM HER JOB TO THE STANDARDS OF PERFECTION THAT THE AGENCY ITSELF DID NOT MEET. IN ADDITION, THE EVIDENCE INDICATES THAT THE AGENCY SPECIFICALLY OFFERED THE EMPLOYEE THE OPPORTUNITY TO LEAVE WORK ON FEBRUARY 18, 2016 BUT AFTER SHE ACCEPTED THE OFFER, THE AGENCY TURNED AROUND AND USED HER DEPARTURE AS EVIDENCE THAT SHE COULD NOT CONTROL HER ANGER. FURTHERMORE, DHS RULES SPECIFICALLY STATE “AN EMPLOYEE YELLING AT A CO-WORKER IN THE WORK PLACE WOULD BE SUBJECT TO A 1-5 DAY SUSPENSION.”
THIS FINDING AND DECISION IS IN NO WAY SANCTIONING THE PROVEN CONDUCT IN THE CASE BUT A REASONABLE AND COMPASSIONATE INTERPRETATION OF THE PROVEN CONDUCT, THE MITIGATING CIRCUMSTANCES AND AN APPLICATION OF PROGRESSIVE DISCIPLINE-
CONSIDERING HER MOST RECENT DISCIPLINE WAS ONLY A 15 DAY SUSPENSION-DICTATES THAT DISCHARGE IS AN EXCESSIVE PENALTY IN THIS CASE. IN ADDITION, IT IS RECOMMENDED THAT THE EMPLOYEE, HER SUPERVISORS, AND HER CO-WORKERS ALL RECEIVE ADDITIONAL TRAINING TO ALLOW THEM TO BETTER COMMUNICATE WITH EACH OTHER WHEN THERE ARE DISAGREEMENTS SO THAT THEY MAY PROPERLY SERVE THE RESIDENTS WITH WHOM THEY ARE ENTRUSTED.
IT SHOULD ALSO BE NOTED THAT IF THE EMPLOYEE DOES NOT LEARN TO APPRECIATE AND CONTROL THE MANIFESTATIONS OF HER EMOTIONS SHE WILL SOON FIND HERSELF SUBJECTED TO DISCHARGE PROCEEDINGS IN THE FUTURE. FOR THESE REASONS, THE PROVEN CHARGES WARRANT A 90-DAY SUSPENSION PLUS THE DURATION OF HER SUSPENSION PENDING DISCHARGE IN LIEU OF DISCHARGE.
CUMMINGS YES FINCH YES KREY YES URLACHER YES
DA-53-16
Employee Troy D. Jones Appeal Date 5/16/16 Agency Transportation Decision Date 9/01/16 Appeal Type Discharge ALJ Andrew Barris
Proposal for Decision Discharge upheld.
IT WAS MOVED BY COMMISSIONER KREY, SECONDED BY COMMISSIONER URLACHER, AND BY ROLL CALL VOTE OF 4-0 THE MOTION ADOPTED TO AFFIRM AND ADOPT THE PROPOSAL FOR DECISION OF THE ADMINISTRATIVE LAW JUDGE THAT THE CHARGE WAS PROVEN AND DOES WARRANT DISCHARGE FOR THE REASONS SET FORTH IN THE PROPOSAL FOR DECISION DATED SEPTEMBER 1, 2016.
CUMMINGS YES FINCH YES KREY YES URLACHER YES
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 ALJ Andrew Barris
Proposal for Decision
Dismissed; withdrawn.
DA-8-17
Employee Thomas A. Frescura Appeal Date 8/02/16 Agency Revenue Decision Date 8/30/16 Appeal Type Discharge ALJ Andrew Barris
Proposal for Decision
Dismissed; withdrawn
DA-11-17
Employee Kevin M. Orlowski Appeal Date 8/24/16 Agency Juvenile Justice Decision Date 8/30/16 Appeal Type Discharge ALJ Andrew Barris
Proposal for Decision
Dismissed; withdrawn.
IT WAS MOVED BY COMMISSIONER URLACHER, SECONDED BY COMMISSIONER CUMMINGS, AND BY ROLL CALL VOTE OF 4-0 THE MOTION ADOPTED TO AFFIRM AND ADOPT THE PROPOSALS FOR DECISION OF THE ADMINISTRATIVE LAW JUDGE TO DISMISS THE APPEALS.
CUMMINGS YES FINCH YES KREY YES URLACHER YES
XIII. FY 2016 ANNUAL REPORT
IT WAS MOVED BY COMMISSIONER URLACHER, SECONDED BY COMMISSIONER CUMMINGS, AND THE MOTION ADOPTED 4-0 TO APPROVE THE FISCAL YEAR 2016 ANNUAL REPORT AS SUBMITTED WITH MINOR MODIFICATIONS TO THE BIOGRAPHIES OF COMMISSIONER CUMMINGS AND COMMISSIONER FINCH.
XIV. MEETING SCHEDULE FOR 2017
Discussion was had, in which all Commissioners participated in, as to the dates, locations and times for next year’s meeting schedule so as to maximize participation by all interested parties.
IT WAS MOVED BY COMMISSIONER CUMMINGS, SECONDED BY COMMISSIONER FINCH, AND THE MOTION ADOPTED 4-0 TO APPROVE THE FOLLOWING MEETING SCHEDULE FOR CALENDAR YEAR 2017:
January 20, 2017 Chicago July 21, 2017 Chicago
February 17, 2017 Springfield August 18, 2017 Springfield
March 17, 2017 Chicago September 15, 2017 Chicago
April 21, 2017 Chicago October 20, 2017 Chicago
May 19, 2017 Chicago November 17, 2017 Chicago
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
The Commissioners acknowledged the passing of Chairman William Schroeder on August 28, 2016. Executive Director Stralka advised that in accordance with their wishes a suitable floral arrangement had been delivered on behalf of the Commission. Commissioners restated their condolences and recognized his service to the Civil Service Commission.
XVI. ANNOUNCEMENT OF NEXT MEETING
Announcement was made of the next regular open meeting to be held Friday, October 21, 2016 at 11:00 a.m. in the Commission’s Chicago office.
XVII. MOTION TO ADJOURN
IT WAS MOVED BY COMMISSIONER CUMMINGS, SECONDED BY COMMISSIONER URLACHER, AND THE MOTION ADOPTED 4-0 TO ADJOURN THE MEETING AT 11:55 A.M.
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