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Illinois Civil Service Commission discusses Jurisdiction B exemptions

Chairs

At a recent meeting, the Illinois Civil Service Commission considered proposed exemptions.

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 methods.

Below is the agenda for this meeting, as provided by the commission.

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

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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. 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

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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)

* * *

July 15, 2016

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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

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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 Sangamon 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

July 15, 2016

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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

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)

July 15, 2016

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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

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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?

July 15, 2016

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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 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

July 15, 2016

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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?

July 15, 2016

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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

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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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