California State Personnel Board Meeting Summary Open Minutes March 3, 2016

Transcription

1 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 reported that she was invited to be the Executive Sponsor for Cohort 24, Sacramento State s Leadership for the Government Executive program. The cohort begins this month and will continue thru September Report of the Chief Counsel Alvin Gittisriboongul - Nothing to report. 3. Report on the California Public Employees Retirement System Member Costigan (report attached) CalPERS Report - Mr. Costigan reported that CalPERS is sponsoring legislation to allow the creation of a high deductible health plan and a trust that will allow employers to pre-fund contributions or pay down their unfunded liability. 4. Report on the Appeals Division Paul Ramsey - Mr. Ramsey provided a brief update on the activities of the Appeals Division and highlighted the accomplishments from last year and outlined the goals for A few of the projects planned for this year include: updating the Appeals Resource Guide to reflect statutory and regulatory changes; amending the Evidentiary Procedural Regulations; revising the Merit Appeals Regulations; updating the Administrative Law Judge Bench Book; creating a Bench Book for Staff Hearing Officer and the Whistleblower informal hearing process; and finalize all desk procedures and desk manuals. 5. New Business - None 6. Public Comment on Matters Not on the Agenda - None Page 1 of 15

2 III. Oral Argument 1. Personal Services Contract No ; SPB (b) Persons Participating: Judith Sapper, Attorney, SCIF Patrick Whalen, General Counsel, CASE ACTION: Taken under Submission. Member Costigan recused himself from the matter. 2. Case No A Persons Participating: Leslie Kowalczyk, ERO, CDCR Jonathan Yank, Esq., Messing, Adam, and Jasmine ACTION: Taken under Submission IV. Closed Session Attachment 1 V. Reconvene into Open Session Action Items 1 Approval of the Draft Draft Minutes from the February 4, 2016, Board Meeting ACTION: Approved 2. Approval of the Draft Closed Minutes from the February 4, 2016, 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 VI. Adjournment MINUTES CERTIFICATION Page 2 of 15

3 CalPERS Update February 2016 The CalPERS Board of Administration and its committees met February 16-18, 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 CalPERS Board of Administration President, Rob Feckner, released a "State of the System" address, which highlights CalPERS' progress in 2015 toward ensuring long-term sustainability of the System. In the address, Feckner discusses CalPERS' investment strategy, corporate governance, health care program, and more. Investment Committee The Investment Committee received a review of the CalPERS Global Governance Program's proxy voting activity for the last three quarters of This review highlights CalPERS' work to ensure its investor voting is cast in line with CalPERS Global Governance Principles. The Board also viewed CalPERS corporate engagement plans for 2016, with proxy access, climate risk reporting, and diversity at the top of the list. Pension & Health Benefits Committee The Pension & Health Benefits Committee received a staff report that provides details on the CalPERS Health Benefits Program's public agency recruitment and retention in The committee also received statistical results for CalPERS' health benefits 2015 open enrollment period. The results include statistics detailing enrollee and dependent totals, and plan preference information. Finance & Administration Committee The CalPERS Finance & Administration Committee voted to sponsor legislation to allow the implementation of the California Employers' Pension Prefunding Trust (CEPPT) Program to be administered by CalPERS, while continuing to work with stakeholder groups on the legislation's language. The trust would allow eligible public employers the ability to pre-fund assets to pay annually-required contributions or pay down their unfunded liability.

4 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 15

5 On, the Board took the following action on the Non-Hearing Agenda as presented by Suzanne Ambrose, Executive Officer, California State Personnel Board. VOTE: No Action Taken Non-Hearing Agenda Attachment 2 A. Requests to Establish, Revise or Abolish Classifications, Alternate Range Criteria, etc. NONE B. Requests to Abolish Classes that have had No Incumbents for More than Two Years NONE Page 4 of 15

6 On, 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 NONE Page 5 of 15

7 On, 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 1. MEDICAL ASSISTANT Proposal to establish a new classification specification, Medical Assistant, for the California Correctional Health Care Services. Taken under Submission at the February 4, 2016, Board Meeting. Page 6 of 15

8 On, 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: Correctional Sergeant 2. CASE NO Classification: Parole Agent 3. CASE NO Classification: Staff Services Manager Department: Office of the State Controller 4. CASE NO CASE NO K Classification: Officer Department: California Highway Patrol 6. CASE NO CASE NO Classification: Teacher Page 7 of 15

9 8. CASE NO CASE NO Classification: Registered Nurse Department: California Department of State Hospitals 10. CASE NO CASE NO Classification: Correctional Sergeant 12. CASE NO CASE NO Classification: Correctional Case Records Supervisor 14. CASE NO Classification: Officer Department: California Highway Patrol 15. CASE NO PC Classification: Staff Counsel Department: California Department of Social Services Page 8 of 15

10 16. CASE NO PC B. Petitions for Rehearing 1. CASE NOS KP and KP Classification: Information Technology Consultant Department: California State University, San Bernardino 2. CASE NO P ACTION: Granted. To be set for Oral Argument. 3. CASE NOS KP and WEKP Classification: Correctional Captain C. Pending Board Review 1. CASE NO RA Classification: Supervising Psychiatric Social Worker 2. CASE NO A Classification: Motor Vehicle Representative Department: California Department of Motor Vehicles 3. CASE NO PA Classification: Correctional Sergeant 4. CASE NO PA 5. CASE NO RA Page 9 of 15

11 6. CASE NO A Classification: Officer Department: California Highway Patrol 7. CASE NOS KA and KA Classification: Correctional Lieutenant D. Oral Arguments 1. PERSONAL SERVICES CONTRACT NO ; SPB (b) Classification: Attorney Department: State Compensation Insurance Fund ACTION: Taken under Submission. Member Costigan recused himself from the matter. 2. CASE NO A ACTION: Taken under Submission. E. Chief Counsel Resolutions NONE F. Pending Board Decisions 1. CASE NO A Classification: Information Technology Consultant Department: Board of Trustees of the California State University 2. CASE NO KRA 3. CASE NO PA ACTION: The Board issued its Decision. Page 10 of 15

12 4. PERSONAL SERVICES CONTRACT NO ; SPB (b) Classification: Legal Services Department: State Compensation Insurance Fund ACTION: The Board issued its Decision. Member Costigan recused himself from the matter. Non-Evidentiary Cases G. Withhold from Certification Appeals 1. CASE NO N 2. CASE NO N Classification: Research Program Specialist Department: California Department of Health Care Services 3. CASE NO N Classification: Research Program Specialist Department: California Department of Child Support Services 4. CASE NO N Classification: Associate Governmental Program Analyst Department: California Department of Developmental Services ACTION: Granted 5. CASE NO N 6. CASE NO N Page 11 of 15

13 7. CASE NO N Classification: Correctional Counselor 8. CASE NO N 9. CASE NO N Classification: Associate Governmental Program Analyst Department: California Department of Social Services ACTION: Granted 10. CASE NO N Classification: Correctional Administrator 11. CASE NO N 12. CASE NO NR. The Board rejected the recommendation and will issue a Decision. 13. CASE NO N Classification: Fire Captain Department: California Department of Forestry and Fire Protection 14. CASE NO N Classification: Associate Governmental Program Analyst Department: California Department of Social Services Page 12 of 15

14 15. CASE NO N 16. CASE NO N Classification: Retirement Program Specialist Department: California Public Employees Retirement System 17. CASE NO N 18. CASE NO N 19. CASE NO N Classification: Correctional Administrator 20. CASE NO N Classification: Research Analyst Department: California Department of Social Services H. Medical and Psychological Screening Appeals 1. CASE NO N 2. CASE NO N Classification: Investigator Department: California Department of Human Resources; Psychological Screening Program ACTION: Granted Page 13 of 15

15 3. CASE NO N 4. CASE NO N 5. CASE NO N 6. CASE NO N 7. CASE NO N I. Proposed Recommendations after Board Remand NONE J. Request to File Charges Cases NONE K. Examination Appeals, Minimum Qualifications, Merit Issue Complaints 1. CASE NOS NK, NK, NK, NK, NK, NK, NK, NK, NK, NK, NK, NK Classification: Program Technician II; Program Technician III Department: California Health Benefit Exchange ACTION: Pulled from consideration. Page 14 of 15

16 2. CASE NO N Classification: Investigative Auditor IV (Specialist and Supervisor) Department: California Department of Justice ACTION: Granted 3. CASE NO N Classification: Parole Agent I ACTION: Granted 4. CASE NO N Classification: Associate Governmental Program Analyst Department: California Department of Transportation L. Section 211 Appeals, Section 212 Out of Class Appeals, Voided Appointment Appeals 1. CASE NO N Department: California Department of Resources Recycling and Recovery Classification: Associate Governmental Program Analyst Page 15 of 15

17 I hereby certify that the State Personnel Board made and adopted the preceding resolution at its meeting held on April 12, VOTE: Burton, Clarey, Costigan, Shanahan Aye /s/ SUZANNE M. AMBROSE SUZANNE M. AMBROSE, Executive Officer California State Personnel Board