Illinois Civil Service Commission met June 16.
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
Teresa C. Smith, Chair; G.A. Finch (remote), David Luechtefeld, Judy McAnarney, and Vivian Robinson, Commissioners; Thomas Klein, Executive Director, Andrew Barris, Assistant Executive Director, Sabrina Johnson, Exemption Monitor, and Alexandra Myers, Executive Secretary; Jake Altman (remote), Mark Mierzejewski, Chris Nickols (remote), and Amber Spainhour (remote), Central Management Services; Tracey Kenney (remote), Commission on Equity & Inclusion; Doug Mathis (remote), Department of Children and Family Services; Andrew Fox (remote), Department of Labor; Sally McDaniel-Smith (remote), Emergency Management Agency; Daniel Campbell (remote), Kenya Jenkins Wright (remote), and Barry Lowy (remote), Guardianship and Advocacy Commission; Viktorija Legge (remote), Office of Executive Inspector General;
III. APPROVAL OF MINUTES OF REGULAR OPEN MEETING HELD MAY 18, 2023
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER LUECHTEFELD THE MOTION ADOPTED 5-0, TO APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD MAY 18, 2023.
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.
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 Item B was a request for a Director of Operations for the Children’s Behavioral Health Transformation Initiative at the Department of Children & Family Services, who reports to the Children’s Behavioral Health Transformation Initiative Chief Officer, who reports to the Director. This position was established based on the Executive Order 2023-04 and will serve as a principal policy making official regarding the operational implementation of Blueprint for Transformation recommendations. This position will work with members of the Governor’s office staff, will recommend and direct implementation of revised policies and procedures as a result of legislative actions, and will serve as a spokesperson regarding operational efforts of the Children’s Behavioral Health Transformation Initiative. Staff recommended this exemption request be granted.
⮚ Item C was a request for a Deputy Director, Business Enterprise Program at the Commission on Equity and Inclusion, who reports to the Chief of Staff, who reports to the Executive Director. This position has policy making authority on impacting Business Enterprise Program management of the statewide program and is a spokesperson on behalf of the Commission. This position was mandated by Public Act 97-0260, Certification Program and Mentor Protégé Program; therefore, Staff recommended this exemption request be granted.
⮚ Ms. Johnson indicated that Items D1 and D2 are positions with Illinois Emergency Management Agency.
Item D1 was a request for a Chief Legal Counsel, who reports to the Director and Governor’s Homeland Security Advisor. This position will provide advice and legal policy determinations on a variety of difficult and complex emergency management legal questions along with handling policy matters, laws, rules, and procedures. It provides advice, guidance and recommendations regarding state and federal disaster laws, regulations, and policies. This position will represent the agency at conferences with federal, state, county, local officials, and general public.
Item D2 was a request for a Deputy Director of the Office of Emergency Management, who reports to the Director and Governor’s Homeland Security Advisor. This position will develop and implement policies and procedures for the day-to-day activities within the Office of Emergency Management, it will prepare, review and comment on federal and state legislative proposals, and serve as a spokesperson with the Office of Homeland Security, the Office of Nuclear Safety, federal, state, and local counterparts.
Staff recommended these exemption requests be granted.
⮚ Item E was a request for a Deputy Chief Legal Counsel – Administration at the Department of Labor, who reports to the Chief Legal Counsel, who reports to the Director. This position will serve as the primary policy maker for Freedom of Information Act requests, it will analyze the existing and proposed administrative policies and procedures to ensure they are compliance with the law, and will serve as a liaison to Legislature, government officials, other state agencies, and members of the media. Staff recommended this exemption request be granted.
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER MCANARNEY THE MOTION ADOPTED 5-0 TO GRANT THE 4d(3) EXEMPTION REQUEST FOR THE FOLLOWING POSITIONS:
B: Director of Operations for the Children’s Behavioral Health
Transformation Initiative (DCFS)
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)
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 |
D1. Illinois Emergency Management Agency
| 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 |
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)
Regarding Item B, Barris inquired from Chris Nickols at CMS Technical Services and OSG Director Barry Lowy if passing the CGC certification was a requirement of the class and Lowy stated it was not a requirement but a best practice and the agency would not discipline an employee for failure to pass the test but the employee would continue to be given opportunities to be as educated as the public guardians. Chair Smith asked if there was any sort of competency review if CGC certification wasn’t a requirement and Lowry indicated there was competency review through a training manual Lowy developed as well as job shadowing, tracking, and many other interactive training opportunities. Executive Director Klein asked about employees taking the CGC test until “certified” and whether that meant certification under the Personnel Code and Lowy indicated that employees would continue with the training until CGC certification, not Personnel Code certification.
C. Dietitian (revise)
Regarding Item C, Barris inquired if the Dietician class was previously revised in February 2023 and also in March 2018 regarding revisions to the food preparation certification and licensure requirements. Nickols acknowledged that those revisions previously occurred. Nickols explained that the supervisory positions such as the Dietician do not handle food so the certifications were not necessary for this class.
D. Veterans Nursing Assistant (revise)
Regarding Item D, Barris inquired if the Veterans Nursing Assistant had not been revised since February 2017 and why wasn’t an agreement reached with collective bargaining regarding the present revision. Amber Spainhour indicated that the union did not have an issue with the actual revision language to the class specification. Rather, it was an objection because there was not an increase in compensation.
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER FINCH THE MOTION ADOPTED 5-0 TO APPROVE THE REVISION OF THE FOLLOWING CLASS SPECIFICATIONS TO BE EFFECTIVE JULY 1, 2023:
B. Guardianship Representative (revise)
C. Dietitian (revise)
D. Veterans Nursing Assistant (revise)
IT WAS MOVED BY COMMISSIONER LUECHTEFELD, 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 MCANARNEY 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 LUECHTEFELD, SECONDED BY COMMISSIONER MCANARNEY 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.
Smith Yes Finch Yes
Luechtefeld Yes Mcanarney Yes
Robinson Yes
IX. APPROVAL OF MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD MAY 18, 2023
IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER ROBINSON THE MOTION ADOPTED 5-0 TO APPROVE THE MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD MAY 18, 2023.
X. 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 |
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER FINCH, 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.
Smith Yes Finch Yes
Luechtefeld Yes Mcanarney Yes
Robinson Yes
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 |
IT WAS MOVED BY COMMISSIONER MCANARNEY, SECONDED BY COMMISSIONER ROBINSON, 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.
Smith Yes Finch Yes
Luechtefeld Yes Mcanarney Yes
Robinson Yes
XI. 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 |
IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER MCANARNEY, 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.
Smith Yes Finch Yes
Luechtefeld Yes Mcanarney Yes
Robinson Yes
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 |
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER MCANARNEY, 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.
Smith Yes Finch Yes
Luechtefeld Yes Mcanarney Yes
Robinson Yes
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 |
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER FINCH, 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.
Smith Yes Finch Yes
Luechtefeld Yes Mcanarney Yes
Robinson Yes
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 |
IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER MCANARNEY, 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.
Smith Yes Finch Yes
Luechtefeld Yes Mcanarney Yes
Robinson Yes
XII. STAFF REPORT
XIII. ANNOUNCEMENT OF NEXT MEETING
Announcement was made of the next regular open meeting to be held at 11:00 a.m. on Friday, July 21, 2023, in the Springfield office of the Commission.
XIV. MOTION TO ADJOURN
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER MCANARNEY, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 TO ADJOURN THE MEETING AT 11:44 A.M.
https://icsc.illinois.gov/content/dam/soi/en/web/icsc/documents/2023/6-16-23%20Regular%20Meeting%20Minutes.pdf
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