Illinois Civil Service Commission met June 16
Here is the agenda 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
III. APPROVAL OF MINUTES OF REGULAR OPEN MEETING HELD MAY 18, 2023
WILL THE COMMISSION APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD MAY 18, 2023?
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.
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. Illinois Department of Children and Family Services
| Position Number | 40070-16-00-600-10-01 |
| Functional Title | Director of Operations for the Children’s Behavioral Health Transformation Initiative |
| Incumbent | Vacant |
| Supervisor | Children’s Behavioral Health Transformation Initiative Chief Officer, who reports to the Director |
| Location | Cook County |
| Position Number | 40070-50-58-100-00-02 |
| Functional Title | Deputy Director, Business Enterprise Program |
| Incumbent | Vacant |
| Supervisor | Chief of Staff, who reports to the Executive Director |
| Location | Cook County |
| Position Number | 40070-50-17-200-00-01 |
| Functional Title | Chief Legal Counsel |
| Incumbent | Vacant |
| Supervisor | Director and Governor’s Homeland Security Advisor |
| Location | Sangamon County |
D2. Illinois Emergency Management Agency
| Position Number | 40070-50-17-400-00-01 |
| Functional Title | Deputy Director of Office of Emergency Management |
| Incumbent | Vacant |
| Supervisor | Director and Governor’s Homeland Security Advisor |
| Location | Sangamon County |
| Position Number | 40070-15-10-300-00-02 |
| Functional Title | Deputy Chief Legal Counsel – Administration |
| Incumbent | Vacant |
| Supervisor | Chief Legal Counsel, who reports to the Director |
| Location | Sangamon County |
C: Deputy Director, Business Enterprise Program (CEI)
D1: Chief Legal Counsel (EMA)
D2: Deputy Director of Office of Emergency Management (EMA) E: Deputy Chief Legal Counsel – Administration (DOL)
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. Guardianship Representative (revise)
CMS CLASSIFICATION ANALYSIS: This study was initiated by Central Management Services, Division of Technical Services. Formerly, a significant function of Guardianship Representatives was the coordination and carrying out of duties related to the Human Rights Authority (HRA) which, as a Division of the Illinois Guardianship and Advocacy Commission (IGAC), protects the rights and promotes the welfare of persons with disabilities. Some time ago, Guardianship Representatives' performing those HRA duties were re-classified as Volunteer Services Coordinator Ill's (VSC Ill), but the Guardianship Representative class specification remained unchanged, and references to HRA duties remained. Those VSC Ill positions have since been properly allocated to a new class entitled Disability Rights Manager, which carries out the work of the HRA.
Outdated references in the Guardianship Representative class specification have now been deleted and the class specification has been updated to include and reflect Guardianship Representative current functions, and general updating and revisions to clarify and enhance the accuracy and usefulness of the class specification to all interested parties.
C. Dietitian (revise)
CMS CLASSIFICATION ANALYSIS: The Department of Central Management Services Bureau of Personnel (CMS) has been notified by Department of Public Health (DPH) that the Certified Food Protection Manager (CFPM) certificate is not (no longer) required for the Dietitian class. A review was conducted of the Food Handling Regulation Enforcement Act (410 ILCS 625/3) and its applicability to Personnel Code covered job classes by DPH and CMS. The following represents the official perspective of DPH with regard to the Dietitian class and its use in State facilities:
The Food Handling Regulation Enforcement Act (410 ILCS 625/) applies to “food service establishments” and requires these facilities to be under supervision of a certified food service sanitation manager. Dietitians working for the State of Illinois may hold positions, like those at IDPH, that are not in a food service establishment. Even if State Dietitians do have food service oversight responsibilities, other staff onsite in different titles are eligible to obtain the certified food service sanitation manager certificate to meet the statutory requirement. As such, the IDPH Food Program recommends the Certified Food Protection Manager (CFPM) certification requirements for Dietitians be removed from the class specification. Agencies can still include this as a preferred qualification during the hiring process or add this as a work objective for specific staff.
State agencies like the Departments of Corrections, Human Services and Veterans’ Affairs, that utilize the Dietitian class will benefit from having the CFPM requirement removed from the class specification, because its prior inclusion was proving to be a hindrance to hiring efforts. CMS and DPH recommend that the following passage be stricken from the document:
Requires possession of a current Food Service Sanitation Certificate issued by the Illinois Department of Public Health or requires possession of a Certified Food Protection Manager (CFPM) certification from a program accredited by the American National Standards Institute (ANSI) Conference for Food Protection (CFP).
Another small adjustment was removing information provided in a footnote and placing the explanatory note in line with the original text, so the statement as proposed would read “Requires licensure as a dietitian nutritionist by the Department of Financial and Professional Regulation as set forth in the Dietitian Nutritionist Practice Act [225 ILCS 30].”
D. Veterans Nursing Assistant (revise)
CMS CLASSIFICATION ANALYSIS: The Department of Central Management Services Bureau of Personnel (CMS) has been notified by Department of Veterans’ Affairs (DVA) that the agency is experiencing difficulty with recruitment and retention efforts based upon the desirable requirement statement “In compliance with Section 340.1376, of the Illinois Administrative Code, requires inclusion on the Illinois Department of Public Health Nurse Aide Registry.” This requirement is awkwardly worded in that, since it is not otherwise specified, the presumption is that this is required prior to hire. The agency wishes to recruit candidates straight out of college and the recruitment/hiring timeline of DVA conflicts with the apparent registration process of the Department of Public Health’s (DPH’s) Nurse Aid Registry program. The agency does not wish to lose potential qualified candidates if the candidates would not be eligible for hire ‘in time’ just because they were waiting for the registry to be updated, if all other indications are that the candidates will graduate in good standing and be eligible for the registry. In an attempt to alleviate this issue, it is recommended that the statement be clarified to read “In compliance with Section 340.1376, of the Illinois Administrative Code, requires inclusion on the Illinois Department of Public Health Nurse Aide Registry within 60 days of hire.” CMS and DVA believe this will allow enough time for the candidates to appear on the registry and remove an obstacle to effective and efficient hiring of VNAC’s.
Section 340.1376 of the Illinois Administrative Code and the Veteran’s Nursing Assistant – Certified class specification depicting the proposed change are both attached for reference and review.
WILL THE COMMISSION APPROVE THE REVISION OF THE FOLLOWING CLASS TITLES TO BE EFFECTIVE ON JULY 1, 2023?
B. Guardianship Representative (revise)
C. Dietitian (revise)
D. Veterans Nursing Assistant (revise)
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. APPROVAL OF MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD MAY 18, 2023
WILL THE COMMISSION APPROVE THE MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD MAY 18, 2023?
XI. PUBLICLY ANNOUNCED DECISION RESULTING FROM APPEAL DA-9-23 & S-21-22
| Employee | Erin Stauffer | Appeal Date | 01/26/2022 & 08/09/2022 |
| Agency | Department of Human Services | Decision Date | 06/02/2023 |
| Appeal Type | Discharge and
Suspension | Proposal for
Decision | Discharge upheld. |
| ALJ | Andrew Barris |
DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
DA-39-23
| Employee | Jordan Levi | Appeal Date | 02/14/2023 |
| Agency | Department of Human Services | Decision Date | 06/02/2023 |
| Appeal Type | Discharge | Proposal for
Decision | Discharge upheld. |
| ALJ | Thomas Klein |
DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
XII. APPEAL TERMINATED WITHOUT DECISION ON THE MERITS S-7-23
| Employee | Caleb Miller | Appeal Date | 08/01/2022 |
| Agency | Department of
Corrections | Decision Date | 05/05/2023 |
| Appeal Type | Suspension | Proposal for
Decision | Dismissed; withdrawn. |
| ALJ | Thomas Klein |
DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
DA-44-23
| Employee | Patrick B. Conlon | Appeal Date | 03/06/2023 |
| Agency | Department of Health and Family Services | Decision Date | 06/02/2023 |
| Appeal Type | Discharge | Proposal for
Decision | Dismissed; did not respond. |
| ALJ | Thomas Klein |
DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
DA-48-23
| Employee | Tim Gannon | Appeal Date | 04/15/2023 |
| Agency | Department of Human Services | Decision Date | 06/02/2023 |
| Appeal Type | Discharge | Proposal for
Decision | Dismissed; withdrawn. |
| ALJ | Thomas Klein |
DOES THE COMMISSION AFFIRM AND ADOPT THE PROPOSAL FOR DECISION IN THE ABOVE MATTER?
DA-50-23
| Employee | Janey L. McAdoo | Appeal Date | 05/11/2023 |
| Agency | Department of Human Services | Decision Date | 06/02/2023 |
| 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?
XIII. STAFF REPORT
XIV. ANNOUNCEMENT OF NEXT REGULAR OPEN MEETING
The next regular open meeting is to be held at 11:00 a.m. on Friday, July 21, 2023, in the Springfield office of the Commission.
XV. MOTION TO ADJOURN
https://icsc.illinois.gov/content/dam/soi/en/web/icsc/documents/2023/6-16-23%20Regular%20Meeting%20Agenda.pdf
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