california state personnel board meeting summary open

California State Personnel Board Meeting Summary Open Minutes

January 7, 2016

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I. Open Session - Call to Order and Roll Call Kimiko Burton, President Patricia Clarey Richard Costigan Maeley Tom

II. Information and Discussion Items

1. Report of the Executive Officer Officer – Suzanne Ambrose - Ms. Ambrose reported that one of SPB’s employees, Mary Jo Schall,

passed away unexpectedly. Mary Jo was a retired annuitant assisting with special projects in the Policy and Compliance Review Division.

2. Strategic Plan Update Officer – Suzanne Ambrose

(report attached) SP Update - Ms. Ambrose provided a brief summary of the 2015 Strategic Plan

accomplishments.

3. Report of the Chief Counsel – Alvin Gittisriboongul - Nothing to report.

4. Report on the California Public Employees’ Retirement System – Member Costigan (report attached) CalPERS Report

- Mr. Costigan reported that CalPERS adopted a conservative mitigation investment strategy at its December meeting.

5. New Business

- None 6. Public Comment on Matters Not on the Agenda

- None

III. Non-Hearing Item set for Hearing Attachment 2

1. California Correctional Health Care Services

Establishment of new Medical Assistant Classification ACTION: No Action Taken. Rescheduled for the February 4, 2016, Board meeting.


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IV. Oral Arguments

1. Personal Services Contract PSC 15-01, SPB 15-0018(b)

Persons Participating: Judith Sapper, Attorney, State Compensation Insurance Fund Patrick Whalen, Attorney, CASE ACTION: Taken under Submission, Member Costigan recused himself.

2. Case No. 14-1139PA

Persons Participating: Janie Hickok-Siess, Senior Attorney, CDCR/EAPT Sinon Nov, Staff Counsel, CCPOA ACTION: Taken under Submission.

V. Closed Session Attachment 1 VI. Reconvene into Open Session – Action Items

1. Approval of the Draft Summary Open Minutes Draft Minutes from the December 3, 2015, Board Meeting ACTION: Approved

2. Approval of the Draft Closed Minutes from the December 3, 2015, Board Meeting ACTION: Approved 3. Non-Hearing Agenda Attachment 2

See Attachment 2 for Actions 4. Career Executive Assignments Attachment 3

See Attachment 3 for Actions 5. Submitted Items Attachment 4

See Attachment 4 for Actions 6. Evidentiary Cases and Non-Evidentiary Cases Attachment 5

See Attachment 5 for Actions VII. Adjournment MINUTES CERTIFICATION

2015 Strategic Plan Accomplishments

December 2015

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2015 Strategic Plan Accomplishments Goal - Simplify and Clarify the Civil Service System Many of the state’s hiring processes are antiquated and inefficient. In addition, departments rely on a variety of outdated resource information for guidance. The SPB will simplify and clarify the civil service system through reinventing civil service processes and providing clear direction to stakeholders. Objectives:

Review, streamline, and increase the effectiveness of current processes.

Address outdated resource information.

Create a new regulatory scheme and resource manual to provide clear and consistent guidance to stakeholders.

Accomplishments:

Regulatory Adoption: Merit Principle Applies to All Appointments and Promotions and Record Retention Requirements. In this rulemaking filing, Section 25 clarifies that Article VII of the California Constitution, state civil service laws and regulations, and the merit principle apply to all appointments and promotions in state civil service regardless of the budget allotment from which the salary or wage is payable. Section 26 requires appointing authorities to retain certain specified, personnel-related documents for a period of five years. After receiving and responding to comments submitted during the public comment period, the Board approved the regulations, which will be enacted into law in January 2016.

Regulatory Adoption: Hiring Manager’s Report and Related Rules. This regulatory package is designed to promote state agencies to consider qualified LEAP candidates for job vacancies while maintaining a competitive selection process. In key part, the rules require the creation of a Hiring Manager’s Report that will list the names of all eligible candidates for a job, including LEAP candidates, without disclosing the candidate’s rank or which employment list the candidate is on. After a public comment period, the Board approved the regulations, which will be enacted into law in January 2016.

Regulatory Adoption: CEA Positions and Classifications Vacant for 24-Continuous Months. The focus of this regulatory package was to create an efficient process for the creation of CEA positions by requiring an appointing power to submit to CalHR a notice and report of the CEA proposal, which for a period of 30 calendar days is posted on CalHR’s website. If an opposition(s) is submitted, CalHR must take appropriate steps to analyze the CEA proposal.

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CEA proposals that CalHR recommends for Board approval shall be placed on the Board agenda; however, if no opposition is timely submitted, the CEA proposal becomes effective without Board action. This regulatory package also creates a similar online process for abolishing any classification that has been vacant continuously for 24 months. After a public comment period, the Board approved the regulations, which will be enacted into law in January 2016.

Appeals Online Filing System – The online filing system allows individuals and representatives to file appeals and complaints with the State Personnel Board through a web portal. The system is designed with user friendly webpages to guide an appellant through the process of providing necessary information to perfect an action before the State Personnel Board. Further, web links to various resources are imbedded within the site allowing filers the ability to research the various appeals and complaints falling within the Board’s jurisdiction. Upon validation of the appeal or complaint, the information is seamlessly migrated into the Appeals Case Tracking system thereby reducing staff workload in creating an appeal. The system has the capability of receiving uploaded electronic documents and also provides the filer a receipt for each appeal or complaint filed within the system in case of system failure. May 2015

Trial Advocacy for Non-Lawyers – Formulated around a mock disciplinary case, the Appeals Division offered a five day trial advocacy program for representatives who appear before the Board and are not licensed by the State Bar. Fifty two representatives from various departments and unions registered for the course. The students were divided into four groups with two Administrative Law Judges assigned to each group. The course began with a detailed review of relevancy, direct evidence, circumstantial evidence, and the various foundational requirements. The program then proceeded to hearsay and routine exceptions, opinion evidence, and moving exhibits into evidence. Upon completion of the evidentiary review, the course focused on opening statements and closing arguments, direct and cross examination, impeachment, objecting to evidence, and witness preparation. Throughout the program, students were required to execute each aspect of the course before their peers. Constructive dialogue among the instructors and the students during each performance was an integral part of the training. At the conclusion of the fourth day, students were divided into groups of two, assigned to either the appellant or respondent for the mock disciplinary case. Each group divided the workload and prepared their case for a mock trial the following day before an administrative law judge. At the conclusion of each trial, the assigned judge provided an assessment to each student on his or her trial advocacy efforts. October 2015

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Goal - Attract, Develop, Promote, and Retain a Quality Workforce The SPB oversees the merit-based processes for the hiring of over 200,000 state employees. It is imperative that the state workforce remains strong and continues to provide critical services to the people of California, including but not limited to, protecting life and property, managing emergency operations, providing education, promoting public health, and preserving the environment. Objectives:

Recruit from the private sector.

Upgrade the skills and abilities of the current workforce.

Reward talent.

Promote diversity. Accomplishments:

The Classification Consolidation Project team consisting of five retired annuitants, who collectively have nearly 200 years of service to the people of California, released their analysis and recommendations to establish the framework for the development of CalHR’s comprehensive civil service classification strategic plan. January 2015

Co-sponsored with CalHR a joint project with stakeholders to identify the factors negatively impacting the hiring, promotion, and retention of persons with disabilities and recommend changes to state’s policies and processes to eliminate these factors and streamline hiring. The project also gave the CalHR, the SPB, and its stakeholders the opportunity to re-engineer the processes for implementing reasonable accommodations and accurately capturing the population of persons with disabilities working within state service. January-December 2015.

SPB worked with law students from McGeorge School of Law to brainstorm the creation of a fellowship program to foster the involvement of recent graduates in state government. These students have since introduced legislation, AB 100 (Alejo) proposing to create the California Law Fellowship Program. Specifically, the bill would place recent law school graduates and members of the state bar in limited-term fellowships in state agencies, the legislature, and the judicial branch at no cost to the state. February 2015

SPB executive staff have provided leadership on the Civil Service Improvement Project, which is a collaborative effort to improve the state’s human resource process. The goal of Civil Service Improvement is to create a system that makes

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the State of California an employer of choice and to build a workforce prepared to meet the challenges our state government will face in the future. On-going

Collaborated to create an internship program for persons with developmental disabilities to allow them to meet the minimum class requirements for entry-level state classifications. SB644 was enacted September 2015. March-September 2015

Collaborated on trailer bill legislation allowing CEA appointments of individuals from outside state service, removing the time limitations on exempt and legislative employees ability to apply for CEA positions, and archaic ranking rules that limited hiring pools. SB99 was enacted September 2015. April-September 2015

Participated in the 2015 CalHR Conference: Creating Tomorrow’s Workforce Today. This year’s event provided individuals with an opportunity to learn new skills, share their thoughts and ideas with fellow HR professionals, and inspire them with new techniques and concepts for them to incorporate when they returned to their offices. This year’s conference featured three tracks of classes focusing on Development, Professional, and Strategic topics. Attendees picked classes from one track or moved back and forth. SPB provided training on Merit Appeals. June 2015

Recognized as an organization whose efforts and achievements have furthered the civil rights of individuals with disabilities, resulting in SPB being honored by the Department of Rehabilitation and Senate President Pro Tempore, Kevin de Leon, as part of the commemoration of the 25th Anniversary of the passage of the Americans with Disabilities Act event. July 2015

Ms. Ambrose and Ms. Gillihan served as panelist at ACSED’s event, "Mission Critical: Advancing Disability Employment in State Government. Ms. Ambrose spoke on the importance of executive leadership’s commitment to making the state a model employer for persons with disabilities and Ms. Gillihan spoke about SPB’s role in EEO oversight. September 2015

Co-hosted with CalHR an awareness and resource event at CalEPA for Disability Employment Awareness Month that focused on maximizing one’s state benefits, as well as how to receive help with legal, elder care, retirement, unemployment, and other family concerns. October 2015

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Goal – Communicate Innovative Techniques and Best Practices The SPB administers the merit system which encompasses many of the state’s personnel practices. Current processes are complex and often difficult to understand. Many departments create their own procedures to effectively manage their work. These innovations are not recognized and shared. The SPB will share information in order to strengthen civil service operations. Objectives:

Educate departments on proper personnel practices through compliance reviews and board decisions.

Identify, applaud, and promote departments’ best practices discovered during

compliance reviews. Accomplishments:

Established a new component to the standard compliance reviews by adding a review of the 80 hour Supervisor Training requirement. August 2015

Developed a delegation listing indicating what personnel management approvals or duties have been delegated to hiring authorities, subject to audit. October 2015.

Established a regulatory change subscription service enabling interested parties to receive email alerts related to SPB’s proposed changes to the California Code or Regulations. November 2015

CalPERS Update December 2015

The CalPERS Board of Administration and its committees met December 14-16, 2015. The

Board considers recommendations from individual committees and hears other matters related

to the administration of retirement benefits, health benefits, and investment management. The

following items may be of interest.

Board of Administration

The CalPERS Board of Administration received updates on state and federal legislation,

including the approval of an omnibus federal funding bill in Congress. A major provision of the

omnibus bill is a two-year postponement of the "Cadillac Tax" on health care plans falling under

the Affordable Care Act.

Investment Committee

The Investment Committee received a Real Assets Annual Program Review, which provides

analysis of CalPERS real estate investments in office, apartment, industrial, and retail properties

in Fiscal Year 2014-15. The review includes a program overview and details on investment

performance, portfolio risk, and business structure.

Pension & Health Benefits Committee

The Pension & Health Benefits Committee received a staff report covering the trend of the rising

cost of prescription drugs with respect to CalPERS Health Program expenditures. Costs for

drugs rose 62 percent since 2012.

Additional CalPERS News:

CalPERS Signs Paris Climate Change Pledge

CalPERS signed the Paris Pledge for Action, a commitment to support and implement the Paris

Agreement, the global climate change agreement reached at the 21st Conference of the

Parties.

CalPERS and its CIO Honored with 2015 Asset Owner Award

CalPERS has been awarded the 2015 Asset Owner Award for Public Defined Benefit Plans

above $100 Billion by Chief Investment Officer (CIO) Magazine. The magazine presents awards

to the best in global institutional investing. CIO Magazine stated CalPERS was selected

because of its cutting-edge leadership and management of institutional assets.

CalPERS Benefits Education Events Coming to Northern California

CalPERS will host four CalPERS Benefits Education Events (CBEEs) throughout northern

California in 2016 between January and May. CBEEs are designed to provide details about

benefits and services relevant to members new to CalPERS through mid-career, as well as

those closer to retirement.


January 7, 2016

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Closed Session Attachment 1 Employee Appointments, Disciplinary Matters, and Other Appeals Deliberations to consider matters submitted at prior hearing. [Government Code Sections 11126(c)(3), 18653(3)] Deliberation on Non-Evidentiary Cases and Adverse Actions, Discrimination Complaints and other Proposed Decisions Submitted by Administrative Law Judges Deliberations on proposed, rejected, remanded, and submitted decisions, petitions for rehearing, and other matters related to cases heard by Administrative Law Judges of the SPB or by the Board itself. [Government Code sections 11126(c)(3), 18653] Pending Litigation Conference with legal counsel to confer with and receive advice regarding pending litigation when discussion in open session would be prejudicial. Counsel will submit a list of SPB litigations and writ litigations for the Board to review and confer. Case name unspecified. (Disclosure of case name would jeopardize existing settlement negotiations and litigation strategy.) [Government Code sections 11126(e), 18653] [Gov. Code sections 11126(e)(1), 11126(e)(2)(A)] Recommendations to the Legislature Deliberations on recommendations to the Legislature. [Government Code section 18653] Recommendations to the Governor Deliberations on recommendations to the Governor. [Government Code section 18653]


January 7, 2016

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On January 7, 2016, the Board took the following action on the Non-Hearing Agenda as presented by Suzanne Ambrose, Executive Officer, California State Personnel Board. VOTE: Burton, Clarey, Costigan, Tom – Aye Non-Hearing Agenda Attachment 2 A. Request to Establish, Revise or Abolish Classifications, Alternate Range

Criteria, etc. set for Hearing. 1. MEDICAL ASSISTANT

Proposal to establish a new classification specification, Medical Assistant, for the California Correctional Health Care Services. ACTION: No Action Taken. Rescheduled for the February 4, 2016, Board meeting.

B. Requests to Establish, Revise or Abolish Classifications, Alternate Range Criteria, etc. 1. ENGINEER, CIVIL

Proposal to amend and correct the resolution language to remove reference to the Associate Civil Engineer classification as part of the allocation for the Engineer, Civil classification, for the Professional Engineers in California Government. ACTION: Approved

2. RECREATION THERAPIST, CORRECTIONAL FACILITY; REHABILITATION THERAPIST, STATE FACILITIES (SAFETY) (VARIOUS SPECIALTIES) CONSOLIDATED SERIES; AND REHABILITATION THERAPIST, STATE FACILITIES (VARIOUS SPECIALTIES) SERIES Proposal to revise the Recreation Therapist, Correctional Facility Classification Specification; Rehabilitation Therapist, State Facilities (Safety) (Various Specialties) Consolidated Series; and the Rehabilitation Therapist, State Facilities (Various Specialties) Series classification specifications, for the California Department of Human Resources. ACTION: No Action Taken. To be set for hearing at the February 4, 2016, Board meeting.

C. Requests to Abolish Classes that have had No Incumbents for More than Two

Years 1. The California Department of Human Resources proposes to abolish 111

civil service classifications. ACTION: Approved


January 7, 2016

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On January 7, 2016, the Board took the following action on the Career Executive Assignment Category as presented by Suzanne Ambrose, Executive Officer, California State Personnel Board. VOTE: No Action Taken. Career Executive Assignments Attachment 3 A. Requests to Establish New or Revise Existing CEA Positions

NONE

B. SPB Board Decisions Regarding Requests to Establish New or Revised Existing CEA Positions Effective December 3, 2015. 1. CHIEF, DIVISION OF ADMINISTRATIVE SERVICES The position performing the duties of Chief, Division of Administrative

Services, in the California Labor and Workforce Development Agency was allocated to the CEA category. ACTION: Noted


January 7, 2016

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On January 7, 2016, the Board took the following action on the Submitted Items as presented by Suzanne Ambrose, Executive Officer, California State Personnel Board. VOTE: No Action Taken Submitted Items Attachment 4 A. Items Scheduled for Action

NONE

B. Items to be Scheduled for Action at a Later Date NONE


January 7, 2016

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On January 7, 2016, the Board took the following action on the Evidentiary and Non-Evidentiary Cases as presented by Alvin Gittisriboongul, Chief Counsel, California State Personnel Board. VOTE: Burton, Clarey, Costigan, Tom – Aye Evidentiary Cases Attachment 5 A. Administrative Law Judges’ Proposed Decision after Hearing

1. CASE NO. 15-1302 Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation

ACTION: The Board adopted the ALJ’s Proposed Decision. 2. CASE NO. 14-1466 Classification: Correctional Case Records Analyst Department: California Department of Corrections and Rehabilitation

ACTION: The Board adopted the ALJ’s Proposed Decision. 3. CASE NO. 15-0665K Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation

ACTION: The Board adopted the ALJ’s Proposed Decision. 4. CASE NO. 15-0450 Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation

ACTION: The Board adopted the ALJ’s Proposed Decision. 5. CASE NOS. 14-1014WEK and 14-1170K Classification: Engineering Geologist Department: California Department of Conservation

ACTION: The Board adopted the ALJ’s Proposed Decision. 6. CASE NOS. 15-0375K, 15-0622K and 15-0623K

Classification: Correctional Officers Department: California Department of Corrections and Rehabilitation ACTION: The Board adopted the ALJ’s Proposed Decision.

7. CASE NO. 15-1419

Classification: Correctional Captain Department: California Department of Corrections and Rehabilitation ACTION: The Board adopted the ALJ’s Proposed Decision.


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8. CASE NO. 15-0512 Classification: Correctional Sergeant Department: California Department of Corrections and Rehabilitation ACTION: The Board adopted the ALJ’s Proposed Decision.

9. CASE NO. 15-0580

Classification: Materials and Stores Supervisor Department: California Department of Corrections and Rehabilitation ACTION: The Board adopted the ALJ’s Proposed Decision.

10. CASE NO. 15-0219

Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation ACTION: The Board adopted the ALJ’s Proposed Decision.

11. CASE NO. 15-0426R

Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation ACTION: The Board rejected the ALJ’s Proposed Decision. To be set for hearing.

12. CASE NO. 15-0291

Classification: Dental Laboratory Technician Department: California Department of Corrections and Rehabilitation ACTION: The Board adopted the ALJ’s Proposed Decision.

13. CASE NO. 15-0521

Classification: Registered Nurse Department: California Correctional Health Care Services ACTION: The Board adopted the ALJ’s Proposed Decision.

14. CASE NOS. 14-1682K and 14-1766K

Classification: Correctional Lieutenant Department: California Department of Corrections and Rehabilitation ACTION: The Board rejected the ALJ’s Proposed Decision. To be set for hearing.

B. Petitions for Rehearing

1. CASE NO. 15-0229P Classification: Fire Captain Department: California Department of Forestry and Fire Protection

ACTION: Denied


January 7, 2016

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C. Pending Board Review 1. CASE NO. 15-0514A Classification: Motor Vehicle Representative Department: California Department of Motor Vehicles 2. CASE NO. 14-2008A

Classification: Information Technology Consultant Department: Board of Trustees of the California State University

3. CASE NO. 14-1275KRA Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation 4. CASE NO. 14-2148PA

Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation

5. CASE NO. 15-0140A

Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation

6. CASE NO. 14-1231A Classification: Officer Department: California Highway Patrol

D. Oral Arguments 1. Personal Services Contract PSC 15-01, SPB 15-0018(b) Classification: Legal Services Department: State Compensation Insurance Fund

ACTION: Taken under Submission. Member Costigan recused himself from participating in this matter.

2. CASE NO 14-1139PA Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation

ACTION: Taken under Submission.

E. Chief Counsel Resolutions NONE


January 7, 2016

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F. Pending Board Decisions 1. CASE NO. 15-0298PA Classification: Caltrans Highway Maintenance Leadworker Department: California Department of Transportation

ACTION: The Board issued its Decision. 2. CASE NO. 14-1779A Classification: Librarian Department: California Department of Corrections and Rehabilitation 3. CASE NO. 14-0059PA Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation

ACTION: The Board issued its Decision.

Non-Evidentiary Cases G. Withhold from Certification Appeals

1. CASE NO. 15-1039N Classification: Associate Governmental Program Analyst Department: California Health Benefit Exchange

ACTION: Denied 2. CASE NO. 15-1384N Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation

ACTION: Denied 3. CASE NO. 15-1122N Classification: Staff Services Manager I Department: California Health Benefit Exchange

ACTION: Denied 4. CASE NO. 15-0931N Classification: Office Technician Department: California Correctional Health Care Services

ACTION: Denied


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5. CASE NO. 15-0880N Classifications: Fire Fighter II and Fire Apparatus Engineer Department: California Department of Forestry and Fire Protection

ACTION: Denied 6. CASE NO. 15-1286N Classification: Office Technician Department: California Correctional Health Care Services

ACTION: Denied 7. CASE NO. 15-1124N Classification: Associate Governmental Program Analyst Department: California Health Benefit Exchange

ACTION: Denied 8. CASE NO. 15-0909N Classification: License Program Analyst Department: California Department of Social Services

ACTION: Granted 9. CASE NO. 15-1261N Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation

ACTION: Denied 10. CASE NO. 14-1938N Classification: Administrative Law Judge I Department: California Department of General Services

ACTION: Granted H. Medical and Psychological Screening Appeals

NONE

I. Proposed Recommendations after Board Remand NONE

J. Request to File Charges Cases NONE


January 7, 2016

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K. Examination Appeals, Minimum Qualifications, Merit Issue Complaints NONE

L. Section 211 Appeals, Section 212 Out of Class Appeals, Voided Appointment Appeals NONE

Summary Open Minutes California State Personnel Board Meeting

January 7, 2016

I hereby certify that the State Personnel Board made and adopted the preceding resolution at its meeting held on February 4, 2016. VOTE: Clarey, Costigan, Shanahan, Tom – Aye /s/ SUZANNE M. AMBROSE

Suzanne M. Ambrose Executive Officer California State Personnel Board

california state personnel board meeting summary open

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