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Sunday, May 12, 2024

Illinois Civil Service Commission met Oct. 20

Illinois Civil Service Commission met Oct. 20.

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, and Vivian Robinson, Commissioners; Thomas Klein, Executive Director, Andrew Barris, Assistant Executive Director, Sabrina Johnson, Exemption Monitor, and Alexandra Myers, Executive Secretary; Siobhan Johnson (remote), Sarah Kerley (remote) and Mark Mierzejewski, Central Management Services; Alex Bautista (remote), Human Resources; Keisha Wrightsell (remote), Office of Executive Inspector General; and Elizabeth Leahy (remote), Kari Selinger, Katie Wyzard, and Jeffrey Yenchko, State Police.

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER LUECHTEFELD THE MOTION ADOPTED 4-0 TO ALLOW COMMISSIONER FINCH TO JOIN THE MEETING REMOTELY.

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

IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER ROBINSON THE MOTION ADOPTED 4-0, TO APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD SEPTEMBER 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 Item B was a request for an Executive Director, Commission on Discrimination and Hate Crimes (CDHC) at the Department of Human Rights, a position that reports to the Director. This position serves as a designee for the Governor’s Office and serves as a policy making official impacting CDHC program management and statewide CDHC operations. It reviews and recommends to the CDHC Chair and the Director the implementation of proposed policies and procedures. This position will conduct research and develop and write proposals affecting changes in statutes and administrative rules impacting CDHC initiatives and program objectives. Staff recommended this exemption request be granted.

⮚ Ms. Johnson proceeded with Items C1 and C2. Items C1 and C2 were requests to extend the exemption for the Northern Region Assistant Chief Legal Counsel and Southern Region Assistant Chief Legal Counsel at the Department of Juvenile Justice (DJJ), these positions report to the Chief Legal Counsel, who reports to the Chief of Staff, who reports to the Director. These positions were approved 4d(3) exempt last month until October 31, 2022, to give DJJ time to clarify these positions. As discussed, the job descriptions were clarified and both positions will respond on behalf of the Department in Consent Decree litigation with the ability to bind the Department to a course of action, including establishing new policies and amending existing policies to meet the requirements of the Court Monitor. These positions will represent the Department in negotiations with vendors’ legal counsel regarding contract language and proposed revisions. Staff recommended these exemption renewals be granted continued exemption.

Commissioner Luechtefeld inquired if these are new positions and Ms. Johnson indicated DJJ clarified the job duties and working title on the Northern Region Assistant Chief Legal Counsel and established the Southern Region Assistant Chief Legal Counsel, both positions have the same duties.

⮚ Item D was a request for an Executive Director – FOID Review Board at the Department of State Police (ISP), a position that reports to the Director. This position has full authority on Board policies, rules and standards to be in compliance with governing statutes, it formulates and implements policies, and it has authority on policy making issues impacting statewide operations of the FOID program. This position will provide legal interpretations of state and federal statutes and regulations and it will serve as a spokesperson for the Board and Chairperson on matters related to the Board’s duties under the law. Staff recommended this exemption request be granted through January 1, 2023.

Chairman Sickmeyer confirmed that this position will be placed under the FOID Review Board. Ms. Sarah Kerley, Chief Administration Officer with Central Management Services, indicated ISP is seeking exemption prior to the FOID Review Board being established effective January 1, 2023. The FOID Review Board is part of a statutory change and is time sensitive. Ms. Kerley stated the Board will have authority to make decisions regarding FOID Card denials and revocations appeals, and ISP is wanting to have this position filled prior to January 1, 2023 to develop Board policies, rules and standards. Chairman Sickmeyer asked if position was approved it will be an ongoing exemption and Ms. Kerley indicated that is correct.

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

B: Executive Director, CDHC (DHR)

C1: Northern Region Assistant Chief Legal Counsel (DJJ)

C2: Southern Region Assistant Chief Legal Counsel (DJJ)

D: Executive Director – FOID Review Board (ISP)

B. Illinois Department of Human Rights

Position Number 40070-49-00-000-00-03

Functional Title Executive Director, CDHC

Incumbent Vacant

Supervisor Director

Location Cook County

C1. Illinois Department of Juvenile Justice

Position Number 40070-27-00-001-05-04

Functional Title Northern Region Assistant Chief Legal Counsel

Incumbent Vacant

Supervisor Chief Legal Counsel, who reports to the Chief of Staff, who reports to the Director

Location Cook County

C2. Illinois Department of Juvenile Justice

Position Number 40070-27-00-001-05-06

Functional Title Southern Region Assistant Chief Legal Counsel

Incumbent Vacant

Supervisor Chief Legal Counsel, who reports to the Chief of Staff, who reports to the Director

Location Saline County

D. Illinois State Police

Position Number 40070-21-00-000-00-01

Functional Title Executive Director – FOID Review Board

Incumbent vacant

Supervisor Chairperson

Location Sangamon 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. Firearms Eligibility Analyst Trainee (revise)

Firearms Eligibility Analyst I (revise)

Firearms Eligibility Analyst II (revise)

Regarding the proposed class specifications outlined in Item B of the Agenda, Assistant Executive Director Barris reported that these were previously proposed in March of 2022 but due to the Commission’s concerns with reducing the timing requirements in half, this item was denied. Barris reported that the proposed revision this month maintained a four year college degree or equivalent as a requirement for the Trainee class and only reduced the requirement of four years to two years to move from the Analyst I to the Analyst II. The Illinois State Police stated that they were having difficulty retaining employees due to the four-year requirement. Mark Mierzejewski from CMS Technical Services indicated that a four-year experience requirement to proceed to the next level was a long time for almost all classes within the position classification system and that the proposed revision was agreed to through collective bargaining. Chairman Sickmeyer inquired what was the equivalent to four years of college and if a field was specified. Sarah Kerley from CMS indicated that CMS was the agency that made that determination, and it could be based upon relevant work experience in a similar organization and/or another degree such as a two-year college degree with relevant coursework.

IT WAS MOVED BY COMMISSIONER FINCH, SECONDED BY COMMISSIONER LUECHTEFELD THE MOTION ADOPTED 4-0 TO APPROVE THE REVISIONS OF THE FOLLOWING CLASS SPECIFICATIONS TO BE EFFECTIVE NOVEMBER 1, 2022:

B. Firearms Eligibility Analyst Trainee

Firearms Eligibility Analyst I

Firearms Eligibility Analyst II

IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER FINCH THE MOTION ADOPTED 4-0 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 4-0 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 4-0 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

LUECHTEFELD YES

ROBINSON YES

FINCH YES

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

IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER ROBINSON THE MOTION ADOPTED 4-0 TO APPROVE THE MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD SEPTEMBER 15, 2022.

X. PUBLICLY ANNOUNCED DECISION RESULTING FROM APPEAL

RV-12-22

IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER FINCH, AND BY ROLL CALL VOTE OF 4-0 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

LUECHTEFELD YES

ROBINSON YES

FINCH YES

DA-24-22

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER FINCH, AND BY ROLL CALL VOTE OF 4-0 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 L

UECHTEFELD YES

ROBINSON YES

FINCH YES

DA-4-23

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER FINCH, AND BY ROLL CALL VOTE OF 4-0 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

LUECHTEFELD YES

ROBINSON YES

SMITH YES

XI. APPEAL TERMINATED WITHOUT DECISION ON THE MERITS

DA-8-23

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER LUECHTEFELD, AND BY ROLL CALL VOTE OF 4-0 THE MOTION ADOPTED TO AFFIRM AND ADOPT THE PROPOSAL FOR DECISION OF THE ADMINISTRATIVE LAW JUDGE TO DISMISS THE APPEAL FOR THE REASONS SET FORTH IN THE PROPOSAL FOR DECISION.

SICKMEYER YES

FINCH YES

LUECHTEFELD YES

ROBINSON YES

DA-16-23

IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER ROBINSON, AND BY ROLL CALL VOTE OF 4-0 THE MOTION ADOPTED TO AFFIRM AND ADOPT THE PROPOSAL FOR DECISION OF THE ADMINISTRATIVE LAW JUDGE TO DISMISS THE APPEAL FOR THE REASONS SET FORTH IN THE PROPOSAL FOR DECISION.

SICKMEYER YES

FINCH YES

LUECHTEFELD YES

ROBINSON YES

XII. ANNOUNCEMENT OF MEETING SCHEDULE FOR CALENDAR YEAR 2023

Thursday, January 19

Thursday, February 16

Thursday, March 16

Thursday, April 20

Thursday, May 18

Thursday, June 15

Thursday, July 20

Thursday, August 17

Thursday, September 21

Thursday, October 19

Thursday, November 16

Thursday, December 21

Unless otherwise scheduled, the meetings will be held in the Commission’s Springfield office beginning at 11:00 a.m. A video link will be provided for members of the public who do not wish to appear in person.

XIII. STAFF REPORT

Executive Secretary Alexandra Myers announced that the SECA campaign is currently running and offered the opportunity for the Commission to participate.

XIV. ANNOUNCEMENT OF NEXT MEETING

Announcement was made of the next regular open meeting to be held at 11:00 a.m. on Thursday, November 17, 2022, in the Springfield office of the Commission.

XV. MOTION TO ADJOURN

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER FINCH, AND BY ROLL CALL VOTE THE MOTION ADOPTED 4-0 TO ADJOURN THE MEETING AT 11:37 A.M.

https://icsc.illinois.gov/content/dam/soi/en/web/icsc/documents/2022/10-20-22%20Regular%20Meeting%20Minutes.pdf