Illinois Civil Service Commission met July 21.
Here are the minutes provided by the commission:
I. CALL TO ORDER THE REGULAR OPEN MEETING AT 11:08 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 (remote), Judy McAnarney, and Vivian Robinson, Commissioners; Thomas Klein, Executive Director, Andrew Barris, Assistant Executive Director, Sabrina Johnson, Exemption Monitor, and Alexandra Myers, Executive Secretary; Mark Mierzejewski, Central Management Services; Delrice Adams (remote) and Zina Smith (remote), Criminal Justice Information Authority; Sherrie Bridges (remote), Department of Human Services; Megan Barber (remote), Tom Bumgardner (remote), Carey Mayer (remote), and Robert Spencer (remote), Department of Natural Resources; Kinley Cowgill (remote) and Ellen Petty (remote), Law Enforcement Training & Standards Board; Amanda Thomet (remote) and Koen Varley (remote), Office of Executive Inspector General; Kahalah Clay (remote), Prisoner Review Board; Cody Goldsboro (remote) and Keri Selinger (remote), State Police; and Jon Bernardy, Lori Bernardy, and Paul Bernardy.
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER MCANARNEY THE MOTION ADOPTED 5-0 TO ALLOW COMMISSIONERS FINCH AND LUECHTEFELD TO JOIN THE MEETING REMOTELY.
III. APPROVAL OF MINUTES OF REGULAR OPEN MEETING HELD JUNE 16, 2023
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER MCANARNEY THE MOTION ADOPTED 5-0, TO APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD JUNE 16, 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 Government Affairs Director at the Department of Criminal Justice Information Authority, who reports to the Executive Director. This position develops and implements strategic policy initiatives related to criminal justice reform efforts, it reviews, modifies, and implements existing programs and policy objectives, along with developing new programs and policy objectives. This position develops long range policy plans and serves as a spokesperson for the Executive Director. Staff recommended this exemption request be granted.
⮚ Item C was a request for an Agency Procurement Officer at Illinois Law Enforcement Training & Standards Board, who reports to the Chief Fiscal Officer, who reports to the Deputy Director of Operations, who reports to the Executive Director. This position develops and implements procurement policies, procedures, and guidelines for the Board, it is the policy formulating administrator of the Board’s Procurement Office, and it serves as an official Board spokesperson. Staff recommended this exemption request be granted.
⮚ Item D was a request for a Staff Attorney at the Illinois Prisoner Review Board (PRB), who reports to the Chief Legal Counsel, who reports to the Chair. This position provides technical assistance in preparing, developing, and implementing rules and polices on legal issues relating to hearings, and it provides legal advice on administrative, litigation, and operational functions. This position serves as a hearing officer, it drafts and reviews contract and grants, and it provides legal interpretation of statues, regulations, and policies for the Board. Staff questioned the duties of this position, the duties do not qualify this position to be 4d(3) exempt, therefore Staff recommended this exemption request be denied.
Madam Chair Smith indicated she would like to hear from PRB on why PRB is seeking exemption. Ms. Kahalah Clay, Chief Legal Counsel of PRB, indicated the Chief of Administration and head of Human Resources were unable to make it and she is new to her Chief Legal Counsel position. Ms. Clay indicated PRB will be clarifying the 104 as suggested within PRB. Madam Chair Smith indicated CSC needs to vote on this position and if denied, this will give PRB time to clarify the 104 and re-submit the 4d(3) exemption request.
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: Government Affairs Director (CJIA)
C: Agency Procurement Officer (LETSB)
B. Illinois Criminal Justice Information Authority
| Position Number | 40070-50-05-000-70-01 |
| Functional Title | Government Affairs Director |
| Incumbent | Vacant |
| Supervisor | Executive Director |
| Location | Cook County |
C. Illinois Law Enforcement Training & Standards Board
| Position Number | 40070-50-88-120-00-02 |
| Functional Title | Agency Procurement Officer |
| Incumbent | Vacant |
| Supervisor | Chief Fiscal Officer, who reports to the Deputy Director of Operations, who reports to the Executive Director |
| Location | Sangamon County |
D: Staff Attorney (PRB)
D. Illinois Prisoner Review Board
| Position Number | 37015-50-78-000-60-01 |
| Functional Title | Staff Attorney |
| Incumbent | Vacant |
| Supervisor | Chief Legal Counsel, who reports to the Chair |
| 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. Rehabilitation Case Coordinator I (revise)
Regarding Item B revisions, Assistant Executive Director Andrew Barris inquired about the foreign language and sign language requirements as well as what might be involved in the additional year of experience warranting an increased rate of pay. Barris noted that rate of pay was not a specific factor of class specifications the Commission considered pursuant to the Rules of the Civil Service Commission and also noted that it was agreed to through the collective bargaining agreement. Sherrie Bridges explained the bilingual options and that sign language requirements have various levels depending on the position within the class. Mark Mierzejewski from CMS Technical Services stated that the additional year of experience was included as CMS has moved away from written testing. Therefore, the additional year is necessary to ensure candidates have the abilities needed to meet the requirements of the class.
C. Land Acquisition Agent III (revise)
Regarding Item C revisions, Barris inquired how many positions were within the class and whether that included the incumbent who was retiring. The CMS-112 indicated that there were only four incumbents in the entire State of Illinois. Barris also inquired why positions in the lower class can’t accumulate the requirements necessary. Carey Mayer from the Department of Natural Resources (DNR) indicated there were four incumbents, but some had to come back on 75-day contracts after retirement. Megan Barber from DNR explained the need for “and/or” language in order to get qualified candidates with the necessary credentials.
D. Telecommunicator Trainee (revise)
Telecommunicator (revise)
Telecommunicator Specialist (revise)
Telecommunicator Lead Specialist (revise)
Regarding Item D revisions, Barris inquired how the minimum typing rate would be determined in practice. Cody Goldsboro stated that training would last 6 months, if necessary, for candidates to become adequately proficient in typing. Madam Chair inquired if the reason for this approach was to lower the typing requirement to get candidates started in the class and then training them to become more proficient in typing. Goldsboro indicated that was the goal of the revision.
All of the proposed revisions were agreed to through collective bargaining.
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER MCANARNEY THE MOTION ADOPTED 5-0 TO APPROVE THE REVISION OF THE FOLLOWING CLASS SPECIFICATIONS TO BE EFFECTIVE AUGUST 1, 2023:
B. Rehabilitation Case Coordinator I (revise)
C. Land Acquisition Agent III (revise)
D. Telecommunicator Trainee (revise)
Telecommunicator (revise)
Telecommunicator Specialist (revise)
Telecommunicator Lead Specialist (revise)
IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER FINCH 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 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 LUECHTEFELD YES
FINCH YES MCANARNEY YES
ROBINSON YES
IX. APPROVAL OF MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD JUNE 16, 2023
IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER LUECHTEFELD THE MOTION ADOPTED 5-0 TO APPROVE THE MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD JUNE 16, 2023.
X. PUBLICLY ANNOUNCED DECISION RESULTING FROM APPEAL DA-17-23
| Employee | Michael L. Stampfli | Appeal Date | 09/16/2022 |
| Agency | Department of
Innovation and Technology | Decision Date | 07/07/2023 |
| Appeal Type | Discharge | Proposal for
Decision | Discharge upheld. |
| ALJ | Andrew Barris |
IT WAS MOVED BY COMMISSIONER MCANARNEY, 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.
SMITH YES LUECHTEFELD YES
FINCH YES MCANARNEY YES
ROBINSON YES
DA-19-23
| Employee | Jon Paul Bernardy | Appeal Date | 09/23/2023 |
| Agency | Department of
Innovation and Technology | Decision Date | 07/07/2023 |
| Appeal Type | Discharge | Proposal for
Decision | Discharge upheld. |
| ALJ | Andrew Barris |
NO MOTION WAS HEARD TO AFFIRM AND ADOPT THE PROPOSAL FOR DECISION OF THE ADMINISTRATIVE LAW JUDGE.
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 BUT REDUCE THE LEVEL OF DISCIPLINE TO A 90-DAY SUSPENSION PLUS DURATION OF SUSPENSION PENDING DISCHARGE FOR THE REASONS SET FORTH IN THE SIGNATURE SHEET.
SMITH YES LUECHTEFELD YES
FINCH YES MCANARNEY YES
ROBINSON YES
RV-36-23
| Employee | Lauren Hortenstine | Appeal Date | 02/01/2023 |
| Agency | Department of Public Health | Decision Date | 07/07/2023 |
| Appeal Type | Rules Violation | Proposal for
Decision | No violation. |
| ALJ | Andrew Barris |
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 LUECHTEFELD YES
FINCH YES MCANARNEY YES
ROBINSON YES
XI. APPEAL TERMINATED WITHOUT DECISION ON THE MERITS RV-31-23
| Employee | Jody L. Oltman | Appeal Date | 01/09/2023 |
| Agency | Department of Human Services | Decision Date | 07/07/2023 |
| Appeal Type | Rules Violation | Proposal for
Decision | Dismissed; withdrawn. |
| 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 LUECHTEFELD YES
FINCH YES MCANARNEY YES
ROBINSON YES
DA-52-23
| Employee | Nicholas W.
McRoberts | Appeal Date | 05/24/2023 |
| Agency | Department of
Corrections | Decision Date | 06/15/2023 |
| Appeal Type | Discharge | Proposal for
Decision | Dismissed; withdrawn. |
| ALJ | Thomas Klein |
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.
SMITH YES LUECHTEFELD YES
FINCH YES MCANARNEY YES
ROBINSON YES
S-54-23
| Employee | Daja Baker | Appeal Date | 06/10/2023 |
| Agency | Department of Human Services | Decision Date | 06/22/2023 |
| Appeal Type | Suspension | 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 LUECHTEFELD YES
FINCH YES MCANARNEY YES
ROBINSON YES
XII. STAFF REPORT
XIII. ANNOUNCEMENT OF NEXT MEETING
Madam Chair announced that she had a conflict with the scheduled meeting date of August 18, 2023. The next regular open meeting to be held on a date in August to be determined, 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 12:05 P.M.
https://icsc.illinois.gov/content/dam/soi/en/web/icsc/documents/2023/7-21-23%20Regular%20Meeting%20Minutes.pdf
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