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Illinois Civil Service Commission met Feb. 17

Meeting 10

Illinois Civil Service Commission met Feb. 17.

Here are the minutes provided by the commission:

I. CALL TO ORDER THE REGULAR OPEN MEETING AT 11:05 A.M. AT 607 E. ADAMS STREET, SUITE 801, SPRINGFIELD, IL

II. ROLL CALL AND CONFIRMATION OF A QUORUM

Timothy D. Sickmeyer (by telephone), Chairman; G.A. Finch (by telephone), David Luechtefeld (by telephone), Teresa C. Smith (by telephone), and Vivian Robinson (by telephone), Commissioners; Thomas Klein (by telephone), Executive Director, Andrew Barris, Assistant Executive Director, Sabrina Johnson (by telephone), Exemption Monitor, and Alexandra Myers (by telephone), Executive Secretary; Melissa Goetten (by telephone), Sarah Kerley (by video), Mark Mierzejewski (by telephone), Chris Nickols (by telephone), and Jami Owens (by telephone), Central Management Services; Delrice Adams (by video) and Zina Smith (by video), Criminal Justice Information Authority; Laura Roche (by video) and Pam Smith (by telephone), Environmental Protection Agency; Brian Dunn (by video), Department of Healthcare and Family Services; Karima Douglas (by video), Department of Juvenile Justice; and Amanda Thomet (by telephone), Office of Executive Inspector General.

Executive Director Klein confirmed there was a quorum in light of the Governor’s Emergency Declaration and Chairman Sickmeyer’s determination that it is neither practical nor prudent to have an in-person meeting.

III. APPROVAL OF MINUTES OF REGULAR OPEN MEETING HELD JANUARY 20, 2022

IT WAS MOVED BY COMMISSIONER LUECHTEFELD, SECONDED BY COMMISSIONER FINCH, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0, TO APPROVE THE MINUTES OF THE REGULAR OPEN MEETING HELD JANUARY 20, 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 Items B1 – B3 are positions with the Commission on Equity and Inclusion (CEI), a newly established Commission under Public Act 101-0657, effective 1/1/2022. These three positions report to the Chairperson.

Item B1 was a request for a General Counsel. This position creates, plans, develops and implements programs and procedures to lawfully carry out the statutory requests of the Commission. This position serves as the Chief Ethics Officer, Freedom of Information Act Officer and acts as Special Assistant Attorney General in selected cases.

Item B2 was a request for a Chief Fiscal and Human Resources Officer. This position formulates, develops and implements policies and procedures for fiscal policy, extensive budget and expenditure plans, and fiscal reports and financial statements. This position serves as Human Resources Manager, reviews new and existing programs, and operates and supervises all functions of human resources.

Item B3 was a request for a Chief of Staff. This position develops and implements policy reforms to be in compliance with current laws, Personnel Code, Personnel Rules and operational needs. This position will serve as a spokesperson in matters addressing policy development issues and represent CEI at meetings with the Governor’s Office and legislators.

Staff recommended these exemption requests be granted, Item B1, B2 and B3.

Commissioner Luechtefeld inquired if these were new positions. Ms. Johnson indicated they were established with effective date of January 1, 2022

⮚ Ms. Johnson indicated that Items C1 – C3 are positions with the Illinois Criminal Justice Information Authority (CJIA).

Item C1 was a request for a Communications Media Administrator, a position that reports to the Chief of Staff, who reports to the Executive Director. This position serves as the agency spokesperson, is the primary coordinator and representative for the Executive Director and staff, and writes and issues publications, newsletters and statewide news releases. This position conducts analysis and research of potential resources and methods of enhancing media resources to secure adequate statewide media coverage.

Item C2 was a request for an Assistant Deputy Director, a position that reports to the Chief of Staff, who reports to the Executive Director. This position serves as the primary liaison regarding labor matters working with the Deputy General Counsel, will provide major administrative input into planning for future initiatives, provide recommendations of proposed policies, procedures and programs, and delegate and conduct sensitive, confidential studies for existing policies, procedures and programs. This position will plan, manage and implement long-term operational plans, emergency situations, serve as spokesperson, and review legislation.

Item C3 was a request for a Program Analyst Director, a position that reports to the Deputy Chief of Staff, who reports to the Chief of Staff, who reports to the Executive Director. This position has the authority on policy-making issues impacting agency management and statewide agency operations. The position develops long range policy plans, monitors progress to accomplish goals and objectives for CJIA, and advises the Executive Director on issues pertaining to mandated changes in legislation that effects policies. This position represents CJIA at meetings, it interacts with Criminal Justice Stakeholders, the Governor’s office, legislators and management staff regarding strategic objectives and policy matters.

Staff recommended these exemption requests be granted, Items C1, C2 and C3.

Chairmen Sickmeyer inquired how many employees CJIA currently has. Ms. Delrice Adams, Acting Executive Director with CJIA, indicated CJIA currently has 101 employees.

⮚ Ms. Johnson proceeded with Item D, a request for an Electric Vehicle Coordinator at Environmental Protection Agency (EPA), a position that reports to the Director. This position analyzes state and federal legislation involving electric vehicles and electric vehicle infrastructure programs. It will represent the Governor and Director of EPA with stakeholders, policy committees and work groups. EPA is seeking 4d(3) exemption through June 30, 2022, because the State Comptroller’s Office did not receive funding for this position in FY22. This position will be funded in FY23, under the Comptroller State Officers payroll. Staff recommended this exemption request be granted through June 30, 2022.

⮚ Ms. Johnson indicated that Items E1 and E2 are positions with the Department of Healthcare and Family Services (HFS).

Item E1 was a request for a Chief of Staff, a position that reports to the Inspector General, who reports to the Director. This position has authority on policy making issues impacting the Office of Inspector General management and state-wide operations. It performs special and sensitive functions related to the Office of Inspector General personnel, programs, policies and procedures, daily operations, and interprets new legislation and administrative policies and procedures. This position represents the Inspector General in internal and external meetings with federal and state law enforcement and managed care companies.

Item E2 was a request for a Chief Operating Officer, a position that reports to the Inspector General, who reports to the Director. This position has authority over administration and budgets that impact agency management and statewide agency operations. The position also ensures compliance with applicable state and federal laws, rules and regulations. This position is a spokesperson for the Inspector General and Governor’s office, prepares confidential materials, establish financial objectives, agency headcount and staff priorities.

Staff recommended these exemption requests be granted, Items E1 and E2.

Commissioner Smith inquired about the reporting structure of these positions. Mr. Brian Dunn, Inspector General with HFS, explained that his office operates independently but is housed within HFS.

Ms. Sarah Kerley, Chief Administrative Officer with Central Management Serves (CMS), indicated there are only three agencies with internal Inspector General position and the other internal Inspectors General have similar exempt positions.

⮚ Lastly, Ms. Johnson indicated that Items F1 and F2 are positions with the Department of Juvenile Justice (DJJ).

Item F1 was a request for a Deputy Ombudsman, a position that reports to the Ombudsman, who reports to the Governor’s Office. This position serves as a policy formulating administrator for youth protection. It plans, develops, administers and coordinates the Ombudsman program and reviews and monitors activities to assure compliance with state laws and policies.

Item F2 was a request for a Restorative Justice and Community Outreach Manager, a position that reports to the Deputy Ombudsman, who reports to the Ombudsman, who reports to the Governor’s Office. This position formulates and implements Restorative Justice policies and practices, is a liaison to community leaders, local governments and the general public, responds to inquiries from law enforcement, the Attorney General’s office, judicial system and other state agencies, and interprets new legislation and amendments to existing legislations.

Staff recommended these exemption requests be granted, Items F1 and F2. Ms. Kerley confirmed that DJJ’s Ombudsman reports to the Governor’s Office.

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER FINCH, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 TO GRANT THE 4d(3) EXEMPTION THROUGH JUNE 30, 2022 REQUEST FOR THE FOLLOWING POSITIONS:

D: Electric Vehicle Coordinator (EPA)

D. Illinois Environmental Protection Agency

Position Number

40070-46-00-000-04-01

Functional Title

Electric Vehicle Coordinator

Incumbent

Vacant

Supervisor

Director

Location

Cook County

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER SMITH, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 TO GRANT THE 4d(3) EXEMPTION REQUEST FOR THE FOLLOWING POSITIONS:

B1: General Counsel (CMS)

B2: Chief Fiscal and Human Resources Officer (CMS)

B3: Chief of Staff (CMS)

C1: Communications Media Administrator (CJIA)

C2: Assistant Deputy Director (CJIA)

C3: Program Analyst Director (CJIA)

E1: Chief of Staff (HFS)

E2: Chief Operations Officer (HFS)

F1: Illinois Department of Juvenile Justice (DJJ)

F2: Restorative Justice and Community Outreach Manager (DJJ)

B1. Illinois Department of Central Management Services / Commission on Equity and Inclusion

Position Number

40070-50-58-000-10-01

Functional Title

General Counsel

Incumbent

Vacant

Supervisor

Chairperson

Location

Sangamon County

B2. Illinois Department of Central Management Services / Commission on Equity and Inclusion

Position Number

40070-50-58-000-20-01

Functional Title

Chief Fiscal and Human Resources Officer

Incumbent

Vacant

Supervisor

Chairperson

Location

Cook County

B3. Illinois Department of Central Management Services / Commission on Equity and Inclusion

Position Number

40070-50-58-000-30-01

Functional Title

Chief of Staff

Incumbent

Vacant

Supervisor

Chairperson

Location

Cook County

C1. Illinois Criminal Justice Information Authority

Position Number

37015-50-05-000-40-01

Functional Title

Communications Media Administrator

Incumbent

Vacant

Supervisor

Chief of Staff, who reports to the Executive Director

Location

Cook County

C2. Illinois Criminal Justice Information Authority

Position Number

40070-50-05-000-50-01

Functional Title

Assistant Deputy Director

Incumbent

Vacant

Supervisor

Chief of Staff, who reports to the Executive Director

Location

Cook County

C3. Illinois Criminal Justice Information Authority

Position Number

40070-50-05-000-60-01

Functional Title

Program Analyst Director

Incumbent

Vacant

Supervisor

Deputy Chief of Staff, who reports to the Chief of Staff, who reports to the Executive Director

Location

Cook County

E1. Illinois Department of Healthcare and Family Services

Position Number

40070-33-15-020-00-61

Functional Title

Chief of Staff

Incumbent

Vacant

Supervisor

Inspector General, who reports to the Director

Location

Sangamon County

E2. Illinois Department of Healthcare and Family Services

Position Number

40070-33-15-030-00-61

Functional Title

Chief Operations Officer

Incumbent

Vacant

Supervisor

Inspector General, who reports to the Director

Location

Sangamon County

F1. Illinois Department of Juvenile Justice

Position Number

40070-27-00-000-10-01

Functional Title

Deputy Ombudsman

Incumbent

Vacant

Supervisor

Ombudsman, who reports to the Governor’s Office

Location

Cook County

F2. Illinois Department of Juvenile Justice

Position Number

40070-27-00-000-15-01

Functional Title

Restorative Justice and Community Outreach Manager

Incumbent

Vacant

Supervisor

Deputy Ombudsman, who reports to the Ombudsman, who reports to the Governor’s Office

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. Transportation Seasonal Office Worker (new)

Item B was withdrawn by CMS during meeting.

Regarding Item B, the Commissioners reiterated concerns raised last month when the class was initially proposed but withdrawn by CMS, including but not limited to, questions such as the need for the class when there were several other office worker classes at DOT, if and how the positions within the class could become certified under the Personnel Code, whether the seasonal office workers would be used in a similar manner as other positions at DOT such as snowbirds, and whether the full breath of the Personnel Code or Rules was required to cover part-time seasonal office workers. Chris Nickols indicated that CMS was withdrawing the class from this month’s agenda and would work with DOT and the Civil Service Commission to provide answers to these and other questions the Commission may have.

C. Veterans Employment Representative 1 (revise)

Veterans Employment Representative 2 (revise)

Veterans Employment Representative 3 (new)

Regarding Item C, Assistant Executive Director Barris indicated that the proposed revision and creation of the classes was based upon the need to deliver service to veterans in underserved areas of the state and if approved would be submitted to the U.S. Secretary of Labor for approval.

D. Clinical Psychologist (revise)

Regarding item D, Barris reported that the proposed revision to the class was needed to comply with the Clinical Psychologist Licensing Act. All of the proposed class revisions and class creations in Items C and D were agreed to through collective bargaining.

IT WAS MOVED BY COMMISSIONER SMITH, SECONDED BY COMMISSIONER LUECHTEFELD, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 TO APPROVE THE CREATIONS AND REVISIONS OF THE FOLLOWING CLASS SPECIFICATIONS TO BE EFFECTIVE FEBRUARY 1, 2022:

C. Veterans Employment Representative 1 (revise)

Veterans Employment Representative 2 (revise)

Veterans Employment Representative 3 (new)

D. Clinical Psychologist (revise)

IT WAS MOVED BY COMMISSIONER FINCH, SECONDED BY COMMISSIONER LUECHTEFELD, AND BY ROLL CALL VOTE 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 SMITH, AND BY ROLL CALL VOTE 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 FINCH, AND BY ROLL CALL VOTE 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.

SICKMEYER YES FINCH YES

LUECHTEFELD YES ROBINSON YES

SMITH YES

IX. APPROVAL OF MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD JANUARY 20, 2022

IT WAS MOVED BY COMMISSIONER SMITH, SECONDED BY COMMISSIONER LUECHTEFELD, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 TO APPROVE THE MINUTES OF THE CLOSED PORTION OF THE REGULAR MEETING HELD JANUARY 20, 2022.

I. INTERLOCUTORY APPEAL

DA-11-22

Employee

Felicia Kirk

Appeal Date

11/05/2021

Agency

Dept. of Veterans’

Affairs

Decision Date

02/04/2022

Appeal Type

Discharge

Proposal for

Decision

Dismissed.

ALJ

Thomas Klein

IT WAS MOVED BY COMMISSIONER FINCH, SECONDED BY COMMISSIONER ROBINSON, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 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

Smith Yes

DA-5-22

Employee

Preeti Padmanabhan

Appeal Date

09/15/2021

Agency

Dept. of Veterans’

Affairs

Decision Date

02/04/2022

Appeal Type

Discharge

Proposal for

Decision

Motion to Dismiss Denied.

ALJ

Thomas Klein

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER LUECHTEFELD, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 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        Finch Yes

Luechtefeld Yes      Robinson Yes

Smith Yes

I. PUBLICLY ANNOUNCED DECISION RESULTING FROM APPEAL RV-19-21

Employee

Thomas J. Wendt

Appeal Date

04/02/2021

Agency

Office of State Fire Marshal

Decision Date

02/04/2022

Appeal Type

Rules Violation

Proposal for

Decision

No violation.

ALJ

Andrew Barris

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER FINCH, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 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        Finch Yes

Luechtefeld Yes      Robinson Yes

Smith Yes

DA-3-22

Employee

Kendrick Williamson

Appeal Date

07/22/2021

Agency

Dept. of Human

Services

Decision Date

02/04/2022

Appeal Type

Discharge

Proposal for

Decision

90-day suspension plus

suspension pending

discharge

ALJ

Andrew Barris

IT WAS MOVED BY COMMISSIONER ROBINSON, SECONDED BY COMMISSIONER LUECHTEFELD, AND BY ROLL CALL VOTE THE MOTION ADOPTED 4-1 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        Finch Yes

Luechtefeld Yes      Robinson Yes

Smith No

I. APPEAL TERMINATED WITHOUT DECISION ON THE MERITS DA-17-22

Employee

Darryl Ellis

Appeal Date

01/20/2022

Agency

Dept. of Human

Services

Decision

Date

02/04/2022

Appeal Type

Discharge

Proposal for Decision

Withdrawn.

ALJ

Thomas Klein

IT WAS MOVED BY COMMISSIONER ROBINSON, 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.

Sickmeyer Yes        Finch Yes

Luechtefeld Yes      Robinson Yes

Smith Yes

II. STAFF REPORT

Assistant Executive Director Barris reported that the Statement of Economic Interest forms will be mailed by the Secretary of State in March 2022 and that the first question on the form had been added to include listing “assets” over $10,000. Barris contacted the Index Department at Secretary of State to find out what constituted an asset to be reported over $10,000 and was informed that the Index Department was prohibited from providing advice on filling out the form and the General Assembly was responsible for the new question. Barris indicated he would do research as to the General Assembly’s intent of the new question.

Assistant Executive Director Barris indicated he would be emailing the paper copies of the 2022 Ethics Training.

III. ANNOUNCEMENT OF NEXT MEETING

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

IV. MOTION TO ADJOURN

IT WAS MOVED BY COMMISSIONER FINCH, SECONDED BY COMMISSIONER ROBINSON, AND BY ROLL CALL VOTE THE MOTION ADOPTED 5-0 TO ADJOURN THE MEETING AT 12:20 P.M.

https://www2.illinois.gov/sites/icsc/Documents/2-17-22%20Regular%20Meeting%20Minutes.pdf