California State Personnel Board Meeting Summary Open Minutes September 3, 2015

Transcription

1 California State Personnel Board Meeting Summary Open Minutes September 3, 2015 I. Open Session - Call to Order and Roll Call Kimiko Burton, President Lauri Shanahan, Vice President Patricia Clarey Richard Costigan Maeley Tom II. Information and Discussion Items 1. Report of the Executive Officer Suzanne Ambrose - Ms. Ambrose and Lori Gillihan, Chief Policy and Compliance Review, will be panelists at the upcoming Association of California State Employees with Disabilities Symposium on September 17, The Governor appointed David Rechs as Deputy Secretary for Human Resources at the Government Operations Agency (GovOps) on August 31, Nancy Farias, Deputy Secretary for Legislation at GovOps, has accepted a position with Assemblyman Mike Gatto s (43rd District) office. 2. Report of the Chief Counsel Dorothy Egel - Nothing to report. 3. Report on the California Public Employees Retirement System Member Costigan (report attached) CalPERS Report - CalPERS released an Investment Policy Revision Roadmap Initiative to refine and clarify their comprehensive investment policies. 4. New Business - None 5. Public Comment on Matters Not on the Agenda - None III. CEA Hearings Attachment 3 1. California Transportation Commission s Request Person Participating: Susan Bransen, Chief Deputy Director ACTION: Approved 2. California Department of Transportation s Request ACTION: Approved without hearing. Page 1 of 16

2 California State Personnel Board Meeting Summary Open Minutes September 3, 2015 IV. Closed Session Attachment 1 V. Reconvene into Open Session Action Items 1. Proposed 2016 Board Meeting Schedule 2016 Calendar ACTION: No Action Taken 2. Non-Hearing Items Attachment 2 See Attachment 2 for Actions 3. Career Executive Assignments Attachment 3 See Attachment 3 for Actions 4. Submitted Items Attachment 4 See Attachment 4 for Actions 5. Evidentiary Cases and Non-Evidentiary Cases Attachment 5 See Attachment 5 for Actions VI. Adjournment MINUTES CERTIFICATION Page 2 of 16

3 CalPERS Update August 2015 The CalPERS Board of Administration and its committees met August 17-19, 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. Investment Committee The Investment Committee received reports on: The performance and risk profiles of the Public Employees Retirement Fund and Affiliate Funds as of June 30, The Investment Policy Revision Roadmap Initiative and efforts to refine and clarify our comprehensive investment policies. Recent issues and federal legislative developments from K&L Gates, CalPERS Investments Policy Federal Representative. Senate Bill 588, regarding wage theft recovery. A high-level overview of the economic structure of CalPERS Private Equity fund investments. Pension & Health Benefits Committee The Pension & Health Benefits Committee received reports on: Updates on the Federal Health Care Policy; Federal Retirement Policy; and, Customer Services and Support performance. The Committee also heard information on the Affordable Care Act excise tax; possible wellness strategies for California Public Employees Retirement System (CalPERS) health plans; and, recent research related to retirement security and industry leadership. Board of Administration The Board of Administration approved proposed regulations that clarify health enrollment eligibility standards for a Parent-Child Relationship.

4 California State Personnel Board Meeting Summary Open Minutes September 3, 2015 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] Page 3 of 16

5 California State Personnel Board Meeting Summary Open Minutes September 3, 2015 On September 3, 2015, the Board took the following action on the Non-Hearing Agenda as presented by Suzanne Ambrose, Executive Officer, California State Personnel Board. VOTE: Burton, Shanahan, Clarey, Costigan, Tom Aye Non-Hearing Agenda Attachment 2 A. Requests to Establish, Revise or Abolish Classifications, Alternate Range Criteria, etc. 1. PENSION FINANCIAL ACCOUNTANT Proposal to Establish a New Classification Series Specification, Pension Financial Accountant, for the California Public Employees Retirement and State Teachers Retirement Systems. ACTION: Approved with changes. B. Requests to Abolish Classes that have had No Incumbents for More than Two Years NONE Page 4 of 16

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29 California State Personnel Board Meeting Summary Open Minutes September 3, 2015 On September 3, 2015, the Board took the following action on the Career Executive Assignment Category as presented by Suzanne Ambrose, Executive Officer, California State Personnel Board. VOTE: Burton, Shanahan, Clarey, Costigan, Tom Aye Career Executive Assignments Attachment 3 A. Requests to Establish New or Revise Existing CEA Positions 1. DEPUTY DIRECTOR, ROAD USAGE CHARGE PILOT PROGRAM The California Transportation Commission is requesting approval to allocate the above position to the CEA category. This position will be responsible for the formulation and recommendation of policy, and serving as a key policy advisor to the Road Usage Charge (RUC) Technical Advisory Committee, the California Transportation Commission, and California State Transportation Agency. The position will be responsible for designing and developing an RUC pilot program to assess the potential for mileage-based revenue collection for California s roads and highways as an alternative to the gas tax system. ACTION: Approved for a Three Year Limited Term. 2. DEPUTY DIRECTOR, PROGRAM MANAGER, ROAD CHARGE PILOT PROGRAM The Department of Transportation is requesting approval to allocate the above position to the CEA category. This is a new position that will be responsible for developing and designing the policy for the RUC pilot program. The RUC is a program where California drivers will pay for the use of the roadway network based on the distance they travel. The CEA will also be responsible for developing policy for the revenues collected from the RUC pilot program. ACTION: Approved for a Three Year Limited Term. B. SPB Board Decisions Regarding Requests to Establish New or Revised Existing CEA Positions Effective August 17, CHIEF ADMINISTRATIVE OFFICER The position performing the duties of Chief Administrative Officer, in the Office of Systems Integration was allocated to the CEA category. ACTION: Noted Page 5 of 16

30 California State Personnel Board Meeting Summary Open Minutes September 3, CHIEF INFORMATION OFFICER The position performing the duties of Chief Information Officer, in the California High-Speed Rail Authority was allocated to the CEA category. ACTION: Noted 3. CHIEF AUDITOR, AUDIT DIVISION The position performing the duties of Chief Auditor, Audit Division, in the California High-Speed Rail Authority was allocated to the CEA category. ACTION: Noted 4. PROJECT MANAGER, OIL, GAS, AND GEOTHERMAL DATA MANAGEMENT SYSTEM The position performing the duties of Project Manager, Oil, Gas, and Geothermal Data Management System, in the California Department of Technology was allocated to the CEA category. ACTION: Noted Page 6 of 16

31 California State Personnel Board Meeting Summary Open Minutes September 3, 2015 On September 3, 2015, the Board took the following action on the Submitted Items as presented by Suzanne Ambrose, Executive Officer, California State Personnel Board. VOTE: No Action Submitted Items Attachment 4 A. Items Scheduled for Action NONE B. Items to be Scheduled for Action at a Later Date NONE Page 7 of 16

32 California State Personnel Board Meeting Summary Open Minutes September 3, 2015 On September 3, 2015, 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, Shanahan, Clarey, Costigan, Tom Aye Evidentiary Cases Attachment 5 A. Administrative Law Judges Proposed Decision after Hearing 1. CASE NO Classification: Environmental Scientist Department: California Department of Toxic Substances Control ACTION: The Board adopted the ALJ s Proposed Decision. 2. CASE NO ACTION: The Board adopted the ALJ s Proposed Decision. 3. CASE NO Classification: Licensed Psychiatric Technician ACTION: The Board adopted the ALJ s Proposed Decision. 4. CASE NO Classification: Painter II ACTION: The Board adopted the ALJ s Proposed Decision. 5. CASE NO Classification: Business Tax Representative Department: California Board of Equalization ACTION: The Board adopted the ALJ s Proposed Decision. 6. CASE NO Classification: Maintenance Mechanic ACTION: The Board adopted the ALJ s Proposed Decision. 7. CASE NO ACTION: The Board adopted the ALJ s Proposed Decision. Page 8 of 16

33 California State Personnel Board Meeting Summary Open Minutes September 3, CASE NO Classification: Licensed Psychiatric Technician Department: California Department of State Hospitals ACTION: The Board adopted the ALJ s Proposed Decision. 9. CASE NO Classification: Fish and Game Warden Department: California Department of Fish and Wildlife ACTION: The Board adopted the ALJ s Proposed Decision with clarifying language. 10. CASE NO Classification: Electrician II ACTION: The Board adopted the ALJ s Proposed Decision. 11. CASE NO Classification: Toll Lieutenant Department: California Department of Transportation ACTION: The Board adopted the ALJ s Proposed Decision. 12. CASE NO Classification: Officer Department: California Highway Patrol ACTION: The Board adopted the ALJ s Proposed Decision. 13. CASE NO ACTION: The Board adopted the ALJ s Proposed Decision. 14. CASE NO ACTION: The Board adopted the ALJ s Proposed Decision. 15. CASE NO ACTION: The Board adopted the ALJ s Proposed Decision. Page 9 of 16

34 California State Personnel Board Meeting Summary Open Minutes September 3, 2015 B. Petitions for Rehearing 1. CASE NO P 2. CASE NO P Classification: State Park Superintendent Department: California Department of Parks and Recreation 3. CASE NO P Classification: Fire Fighter II Department: California Department of Forestry and Fire Protection ACTION: The Board granted the Petition and Remanded the case to the Appeals Division for hearing on the merits. 4. CASE NOS P and P2 ACTION: The Board granted Respondent s petition and will set the matter for briefing and Oral Argument on the issue of whether a Skelly violation was established and, if so, the appropriate remedy. The Board denied the Appellant s petition. 5. CASE NOS EKP and EKP Classification: Mailing Machine Operator II Department: California Department of Motor Vehicles 6. CASE NO P Classification: Correctional Counselor II C. Pending Board Review 1. CASE NO PA Classification: CalTrans Highway Maintenance Leadworker Department: California Department of Transportation Page 10 of 16

35 California State Personnel Board Meeting Summary Open Minutes September 3, CASE NO A Classification: Librarian 3. CASE NO PA D. Oral Arguments NONE E. Chief Counsel Resolutions 1. CASE NOS Cand C San Bernardino Superior Court Case No. CIVD Classification: Correctional Sergeant ACTION: The Board issued its Decision. F. Pending Board Decisions 1. CASE NO A Classification: Electrician III ACTION: The Board issued its Decision. Non-Evidentiary Cases G. Withhold from Certification Appeals 1. CASE NO N Classification: Senior Information Systems Analyst Department: California Department of Public Health 2. CASE NO N Classification: Staff Information Systems Analyst Department: California Department of Health Care Services ACTION: Granted Page 11 of 16

36 California State Personnel Board Meeting Summary Open Minutes September 3, CASE NO N 4. CASE NO N 5. CASE NO N Classification: Associate Governmental Program Analyst Department: California Public Employees Retirement System 6. CASE NO N ACTION: Granted 7. CASE NO N 8. CASE NO N ACTION: Rejected and Remanded for further discussion. 9. CASE NO N ACTION: Granted 10. CASE NO N ACTION: Granted Page 12 of 16

37 California State Personnel Board Meeting Summary Open Minutes September 3, CASE NO N Classification: Community Resources Manager 12. CASE NO N Classification: Receiver s Nurse Executive Department: California Correctional Health Care Services 13. CASE NO N Classification: Staff Information Systems Analyst Department: California Department of Social Services 14. CASE NO N 15. CASE NO N 16. CASE NO N ACTION: Granted 17. CASE NO N Classification: Associate Information Systems Analyst Department: California Department of Child Support Services 18. CASE NO N Page 13 of 16

38 California State Personnel Board Meeting Summary Open Minutes September 3, CASE NO N ACTION: Granted 20. CASE NO N H. Medical and Psychological Screening Appeals 1. CASE NO N 2. CASE NO N 3. CASE NO N 4. CASE NO N Classification: Cadet Department: California Highway Patrol 5. CASE NO N ACTION: Granted 6. CASE NO N, Page 14 of 16

39 California State Personnel Board Meeting Summary Open Minutes September 3, CASE N N Classification: Cadet Department: California Department of Human Resources, Psychological Screening Program 8. CASE NO N 9. CASE NO N ACTION: Granted 10. CASE NO N 11. CASE NO N 12. CASE NO N Classification: Cadet Department: California Department of Human Resources, Psychological Screening Program 13. CASE NO N Classification: Special Agent 14. CASE NO N Classification: Cadet Department: California Department of Human Resources, Psychological Screening Program Page 15 of 16

40 California State Personnel Board Meeting Summary Open Minutes September 3, CASE NO N Classification: Cadet Department: California Department of Human Resources, Psychological Screening Program ACTION: Granted I. Proposed Recommendations after Board Remand NONE J. Request to File Charges Cases 1. CASE NO N; OAH CASE NO Classification: Attorney Department: California State Personnel Board, California Department of Human Resources 2. CASE NO N K. Examination Appeals, Minimum Qualifications, Merit Issue Complaints NONE L. Section 211 Appeals, Section 212 Out of Class Appeals, Voided Appointment Appeals 1. CASE NO N Classifications: Hospital Police Officer, Correctional Officer, and Fire Captain Department: California Department of Human Resources Page 16 of 16

41 Summary Open Minutes California State Personnel Board Meeting September 3, 2015 I hereby certify that the State Personnel Board made and adopted the preceding resolution at its meeting held on October 8, VOTE: Burton, Shanahan, Clarey, Costigan, Tom Aye /s/ SUZANNE M. AMBROSE Suzanne M. Ambrose Executive Officer California State Personnel Board