Sangamon Sun

Illinois Civil Service Commission met Jan. 19.

Here are the minutes provided by the commission:

I. CALL TO ORDER THE REGULAR OPEN MEETING AT 11:00 A.M. AT 607 E. ADAMS STREET, SUITE 801, SPRINGFIELD, IL

II. ROLL CALL AND CONFIRMATION OF A QUORUM

Timothy D. Sickmeyer, Chairman; G.A. Finch (remote), David Luechtefeld (remote), Vivian Robinson, and Teresa Smith, Commissioners; Thomas Klein, Executive Director, Andrew Barris, Assistant Executive Director, Sabrina Johnson, Exemption Monitor, and Alexandra Myers, Executive Secretary; Lisa Fendrich (remote), Sarah Kerley (remote), Chris Nickols, and Lora Rausch (remote), Central Management Services; Kimberly Hill (remote), Commerce and Economic Opportunity; and Daria Hernandez (remote), Office of Executive Inspector General.

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER SMITH THE MOTION ADOPTED 3-0 TO ALLOW COMMISSIONERS FINCH AND LUECHTEFELD TO JOIN THE MEETING REMOTELY.

III. APPROVAL OF MINUTES OF REGULAR OPEN MEETING HELD DECEMBER 15, 2022

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER SMITH THE MOTION ADOPTED 5-0, TO APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD DECEMBER 15, 2022.

IV. PUBLIC COMMENT IN ACCORDANCE WITH THE OPEN MEETINGS ACT

In accordance with the Open Meetings Act and the Rules of the Civil Service Commission, Executive Director Thomas Klein 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. 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)

B. Requests for 4d(3) Exemption

Exemption Monitor Sabrina Johnson indicated that Items B1 – B4 were requests from the Department of Commerce and Economic Opportunity (DCEO). Ms. Johnson indicated the reporting status for Item B2 has been updated since the notification went out for a clarified job description that was received from the Department of Central Management Services.

⮚ Ms. Johnson proceeded with Item B1, Communications Assistant Deputy Director, a position that reports to the Media Relations Director, who reports to the Director. This position has policy-making authority regarding issues impacting DCEO management and statewide operations, it serves as a spokesperson, and represents the Director at in-person events.

Commissioner Smith inquired about the independent authority of this position. Ms. Kimberly Hill, Chief Operating Officer with DCEO, indicated this position serves as another leader within the communication office, assist with overall strategy, and communicate the new programs within DCEO. Ms. Hill stated, over the past couple of years, DCEO portfolios have expanded greatly, offering different programs including monumental legislation and new tax credit programs. This position will respond to legislators, media coverage and express the strategy of implementing the programs with press releases, newsletters, and briefings.

⮚ Item B2 was a request for an Electric Mobility and Innovation Director, a position that reports to the Chief of Business Attraction and Development, who reports to the Assistant Director, who reports to the Director. This position directs policies, executes and evaluates programs related to electric vehicle manufactures, electric vehicle component part manufactures, and electric vehicle power supply manufactures. This position assists with implementing and managing the responsibilities under the Reimagining Electric Vehicles in Illinois Act, implementing tax incentives within the Revenue Illinois Act, and conducts research within federal and state tax credit incentive programs.

⮚ Item B3 was a request for a Small Business Financial Assistance Manager, a position that reports to the Deputy Director of the Office of Entrepreneurship Innovation & Technology, who reports to the Director. This position formulates and implements policy for the design of a venture capital program and the investment processes which align with industry norms for equity-based investing. This position plans and implements federal programs to assist small businesses in Illinois and is a liaison regarding federal funding opportunities.

Chairman Sickmeyer inquired about the Assistant Manager and will DCEO be establishing a Manager title. Ms. Johnson realized the agenda was wrong, the title was a Small Business Financial Assistance Manager, not Assistant Manager.

⮚ Lastly, Item B4 was a request for an Asian American Pacific Islander Business Development Manager, a position that reports to the Deputy Director of the Office of Minority Economic Empowerment, who reports to the Director. This position develop partnerships, programs and policy recommendations for the growth and development of the Asian American Pacific Islander businesses for the state. This position assists with grants and program administration and evaluates and determines program effectiveness for Asian American Pacific Islanders.

Ms. Johnson indicated Staff recommended these exemption requests be granted for Items B1 – B4.

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER LUECHTEFELD THE MOTION ADOPTED 5-0 TO GRANT THE 4d(3) EXEMPTION REQUEST FOR THE FOLLOWING POSITIONS:

B1: Communications Assistant Deputy Director (CEO)

B2: Electric Mobility and Innovation Director (CEO)

B3: Small Business Financial Assistance Manager (CEO)

B4: Asian American Pacific Islander Business Development Manager (CEO)

B1. Illinois Department of Commerce and Economic Opportunity

Position Number	40070-42-00-000-10-02
Functional Title	Communications Assistant Deputy Director
Incumbent	Vacant
Supervisor	Media Relations Director, who reports to the Director
Location	Cook County

B2. Illinois Department of Commerce and Economic Opportunity

Position Number	40070-42-00-020-00-02
Functional Title	Electric Mobility and Innovation Director
Incumbent	Vacant
Supervisor	Chief of Business Attractions and Development, who reports to the Assistant Director, who reports to the Director
Location	Sangamon County

B3. Illinois Department of Commerce and Economic Opportunity

Position Number	40070-42-00-740-00-03
Functional Title	Small Business Financial Assistance Manager
Incumbent	Vacant
Supervisor	Deputy Director of the Office of Entrepreneurship, Innovation and Technology, who reports to the Director
Location	Cook County

B4. Illinois Department of Commerce and Economic Opportunity

Position Number	40070-42-60-500-00-01
Functional Title	Asian American Pacific Islander Business Development Manager
Incumbent	Vacant
Supervisor	Deputy Director of the Office of Minority Economic Empowerment, who reports to the Director
Location	Cook 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; and

f) The relation of the class specifications to any applicable collective bargaining agreement.

B. Tobacco Compliance Specialist (create)

Regarding the proposed creation of the Tobacco Compliance Specialist class, Assistant Executive Director Barris noted that it was agreed to through the applicable collective bargaining agreement, the Illinois Federation of Public Employees. As far as the accepted principles of position classification outlined in Section 1.45 of the Rules of the Civil Service Commission, it was noted that reasonable career promotional opportunities could be in question as there is only one singular class for the positions, but the collective bargaining agreement provides for step increases which would address that issue. Sarah Kerley from CMS noted that there are supervisors in enforcement and that would be a promotional opportunity, and the persons who held these positions within the proposed class had been on personal service contracts doing state work for years because the lack of an existing class.

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER SMITH THE MOTION ADOPTED 5-0 TO APPROVE THE REVISIONS OF THE FOLLOWING CLASS SPECIFICATIONS TO BE EFFECTIVE FEBRUARY 1, 2023:

B. Tobacco Compliance Specialist (create)

IT WAS MOVED BY COMMISSIONER SMITH, SECONDED BY COMMISSIONER ROBINSON THE MOTION ADOPTED 5-0 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 ROBINSON, SECONDED BY COMMISSIONER FINCH THE MOTION ADOPTED 5-0 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 ROBINSON, SECONDED BY COMMISSIONER LUECHTEFELD THE MOTION ADOPTED 5-0 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.

Sickmeyer Yes       Finch Yes

Luechtefeld Yes    Robinson Yes

Smith Yes

IX. APPROVAL OF MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD DECEMBER 15, 2022

IT WAS MOVED BY COMMISSIONER SMITH, SECONDED BY COMMISSIONER ROBINSON THE MOTION ADOPTED 5-0 TO APPROVE THE MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD DECEMBER 15, 2022.

X. PUBLICLY ANNOUNCED DECISION RESULTING FROM APPEAL DA-24-21

Employee	Keith Kiner	Appeal Date	05/07/2021
Agency	Department of Human Services	Decision Date	01/06/2023
Appeal Type	Discharge	Proposal for Decision	30-day suspension
ALJ	Andrew Barris

IT WAS MOVED BY COMMISSIONER FINCH, SECONDED BY COMMISSIONER LUECHTEFELD, AND BY ROLL CALL VOTE OF 5-0 THE MOTION ADOPTED TO AFFIRM AND ADOPT THE PROPOSAL FOR DECISION OF THE ADMINISTRATIVE LAW JUDGE FOR THE REASONS SET FORTH IN THE PROPOSAL FOR DECISION.

Sickmeyer Yes       Finch Yes

Luechtefeld Yes    Robinson Yes

Smith Yes

XI. APPEAL TERMINATED WITHOUT DECISION ON THE MERITS RV-31-22

Employee	Joshua Curry	Appeal Date	05/18/2022
Agency	Dept. of Corrections	Decision Date	01/06/2023
Appeal Type	Rules Violation	Proposal for Decision	Dismissed/withdrawn
ALJ	Thomas Klein

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER SMITH, AND BY ROLL CALL VOTE OF 5-0 THE MOTION ADOPTED TO AFFIRM AND ADOPT THE PROPOSAL FOR DECISION OF THE ADMINISTRATIVE LAW JUDGE FOR THE REASONS SET FORTH IN THE PROPOSAL FOR DECISION.

Sickmeyer Yes       Finch Yes

Luechtefeld Yes    Robinson Yes

Smith Yes

XII. STAFF REPORT

Executive Director Klein explained that CMS introduced legislation that would have stripped the Commission of its ability to disapprove amendments to the Personnel Rules on the last day of the veto session of the General Assembly. Commission staff was given notice of the legislation that afternoon. The legislation impacting the Commission did not pass. Commission staff will look for ways to ensure that communication regarding legislation impacting the Commission is more open in the future.

XIII. ANNOUNCEMENT OF NEXT MEETING

Announcement was made of the next regular open meeting to be held at 11:00 a.m. on Thursday, February 16, 2023, in the Springfield office of the Commission.

XIV. MOTION TO ADJOURN

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER LUECHTEFELD, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 TO ADJOURN THE MEETING AT 11:43 A.M.

https://icsc.illinois.gov/content/dam/soi/en/web/icsc/documents/2023/1-19-23%20Regular%20Meeting%20Minutes.pdf