California State Personnel Board Meeting Summary Open Minutes October 12, 2017

Transcription

1 I. Open Session - Call to Order and Roll Call Lauri Shanahan, Vice President Richard Costigan Maeley Tom II. Information and Discussion Items 1. Report of the Executive Officer Suzanne Ambrose - Ms. Ambrose reported she and President Burton meet with a delegation from Japan s National Personnel Department on September 20, Topics of discussion included diversity in the workplace. 2. Report of the Chief Counsel Alvin Gittisriboongul - Nothing to report. 3. Report on the California Public Employees Retirement System Member Costigan CalPERS Report - Mr. Costigan reported that the Finance and Administration Committee declared Trinity County Waterworks District #1 and Niland Sanitary District in default. The committee will confirm the benefit reduction amounts during their November meeting. - Mr. Costigan stated that the Performance, Compensation and Talent Management Committee approved performance bonuses for the Chief Executive Officer and Chief Investment Officer. 4. New Business - None 5. Public Comment on Matters Not on the Agenda - None III. Hearing Items Attachment 3 1. Request to Abolish State Compensation Insurance Fund s Continuous Filing Exam Lists for: Workers Compensation Claims Adjuster; Senior Workers Compensation Claims Adjuster; Workers Compensation Insurance Representative; and Senior Workers Compensation Insurance Representative Persons Participating: Candy Zonneveld, Manager Selection Services Division, CalHR Sherrie Scott, Manager, State Compensation Insurance Fund ACTION: Approved Page 1 of 18

2 2. CalHR s Recommendation to Retain the Air Resources Board s Vacant Field Representative Classification I Persons Participating: Jami Inderbitzen, Manager, Personnel Management Division Krista Whistler, Manager, Personnel Management Division ACTION: Approved IV. Closed Session Attachment 1 V. Reconvene into Open Session Action Items 1. Proposed 2018 Board Meeting Schedule 2018 Calendar ACTION: No action taken. 2. Approval of Draft 2017 Report to the Legislature, Draft Report Compliance Review and Special Investigation Activities ACTION: Approved 3. Approval of Amendments to the Board s Procedural Draft Regulations Regulations regarding Appeals from Adverse Action, Complaints of Discrimination, and Whistleblower Retaliation ACTION: Approved 4. Approval of the Draft Draft Minutes from the September 6, 2017, Board Meeting ACTION: Approved 5. Approval of the Draft Closed Minutes from the September 6, 2017, Board Meeting ACTION: Approved 6. Non-Hearing Items Attachment 2 See Attachment 2 for Actions 7. Hearing Items Attachment 3 See Attachment 3 for Actions 8. Career Executive Assignments Attachment 4 See Attachment 4 for Actions Page 2 of 18

3 9. Submitted Items Attachment 5 See Attachment 5 for Actions 10. Evidentiary Cases and Non-Evidentiary Cases Attachment 6 See Attachment 6 for Actions VI. Adjournment MINUTES CERTIFICATION Page 3 of 18

4 CalPERS Update September 2017 The CalPERS Board of Administration and its committees met September 18-20, The Board considers recommendations from individual committees and hears other matters related to the administration of retirement benefits, health benefits, and investment management. Investment Committee The Investment Committee discussed and approved the resignation of StepStone effective September 30, 2017, and authorized staff to engage and contract with Meketa Investment Group to assume the responsibilities of the Infrastructure Consultant for the remainder of the contract term. Pension and Health Benefits Committee The Pension and Health Benefits Committee received presentations regarding the CalPERS Long-Term Care Program and the self-funded Preferred Provider Organization Basic plans and Value Based Insurance Design health plan approaches. Staff was directed to: Provide an analysis on the one and two-year Partnership policies and CalPERS three, six and ten-year policy exhaustion of benefits for Long-Term Care Program. Deliver an OptumRx update at the November PHBC where their Chief Executive Officer will address CalPERS concerns including, but not limited to, the current formulary, customer service and high appeal overturn rates. Finance and Administration Committee The Finance and Administration Committee declared Trinity County Waterworks District #1 in default of its obligations to the CalPERS system and come back in November with the confirmed benefit reduction amounts. The Committee also declared the Niland Sanitary District in default of its obligations to the CalPERS system and come back in November with the confirmed benefit reduction amounts. Performance, Compensation and Talent Management Committee The Performance, Compensation and Talent Management Committee approved the following items: Review of Performance: Chief Executive Officer For the CEO, approval of the FY performance award of $80,190 and a FY base salary of $318,000. Review of Performance: Chief Investment Officer For the CIO, approval of a FY performance award of $314,305 and a FY base salary of $565,531.

5 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] [Government 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 4 of 18

6 On, the Board took the following action on the Non-Hearing Agenda as presented by Suzanne M. 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. California Code of Regulations, title 2 section 90 Abolishment of Vacant Civil Service Classifications NONE Page 5 of 18

7 On, the Board took the following action on the Hearing Agenda as presented by Suzanne M. Ambrose, Executive Officer, California State Personnel Board. VOTE: Shanahan, Costigan, Tom Aye Hearing Agenda Attachment 3 A. Requests to Establish, Revise or Abolish Classifications, Alternate Range Criteria, etc. NONE B. Requests to Abolish Eligibility Lists that have Existed for less than 12 Months 1. REQUEST TO ABOLISH EXAMINATION LISTS FOR STATE COMPENSATION INSURANCE FUND The State Compensation Insurance Fund is requesting to abolish their existing continuous filing eligibility lists for the Workers Compensation Claims Adjuster, Senior Workers Compensation Claim Adjuster, Workers Compensation Insurance Representative, and Senior Workers Compensation Insurance Representative. ACTION: Approved C. California Code of Regulations, title 2 section 90 Abolishment of Vacant Civil Service Classifications 1. RETAIN ONE VACANT CLASSIFICATION CalHR recommends retaining one classification which received written comments from the department and/or union. ACTION: Approved Page 6 of 18

8 CAL1)HR CALIFORNIA DEPARTMENT o, HUMAN RESOURCES Selections Division 1515 S Street, North Building, Suite 500 Sacramento, CA Governor Edmund G. Brown Jr. Secretary, Government Operations Agency Marybel Batjer Director Richard Gillihan DATE: TO: FROM: SUBJECT: Five-Member State Personnel Board Adria L. Jenkins-Jones, Chiefrv-< Selection Division v.lj Request to abolish examination lists for State Compensation Insurance Fund SUMMARY OF ISSUES: The State Compensation Insurance Fund (State Fund) is requesting to abolish their existing continuous filing eligibility certification lists for the Workers' Compensation Claims Adjuster, Senior Workers' Compensation Claims Adjuster, Workers' Compensation Insurance Representative, and Senior Workers' Compensation Insurance Representative. State Fund will utilize the new examination the California Department of Human Resources (CalHR) is currently developing for State Fund, establishing new eligibility lists. Consistent with the goals of Civil Service Improvement, State Fund is committed to improving and streamlining current civil service exam processes. The new online Training and Experience examinations provide benefits to both departments and individuals seeking state employment, including reducing the resources necessary to conduct written examinations. State Fund is located throughout the State of California and actively recruits for these four classifications. The current written exam process does not produce the well qualified applicants that State Fund requires for their specialized trade. If State Fund is unable to abolish the current certification lists, it will adversely affect their recruitment efforts. State Fund administered the department's continuous filing Workers' Compensation Claims Adjuster, Senior Workers' Compensation Claims Adjuster, Workers' Compensation Insurance Representative, and Senior Workers' Compensation Insurance Representative exams to fill existing vacancies and to ensure Californians are provided with fairly priced workers' compensation insurance, while making California workplaces safe, and restoring injured workers. State Compensation Insurance Fund ceased examining for the Workers' Compensation Claims Adjuster, Senior Workers' Compensation Claims Adjuster, Workers' Compensation Insurance Representative, and Senior Workers' Compensation Insurance Representative on September 15, 2017, and will continue to use the lists until November 1, 2017 or until the lists are exhausted, whichever date occurs sooner. State Fund will give current candidates notification and sufficient time to participate in our new online exam. Current certification list candidates will be contacted and provided information regarding list abolishment and detailed direction on how to take the new online exams prior to the release. It is our intent to make this examination transition as smooth as possible. Per Government Code section 18901, CalHR does not have the authority to abolish the previous eligibility lists due to the eligibility records existing for less than 12 months. SPB 1 of 4

9 Five-Member State Personnel Board Page2 Therefore, CalHR is requesting that the identified eligibility lists below be abolished: Workers' Compensation Claims Adjuster Senior Workers' Compensation Claims Ad'uster Workers' Compensation Insurance Re resentative Senior Workers' Compensation Insurance Representative CONSULTED: Thuanhai Vo, State Compensation Insurance Fund Sherrie Scott, State Compensation Insurance Fund Adria Jenkins-Jones, California Department of Human Resources NOTIFICATION: Not applicable. RECOMMENDATION: That effective November 1, 2017, the examination lists identified in this calendar be abolished. SPB 2 of 4

10 ~ ~ STATE g PERSONNEL 6.BOARD 801 Capitol Mall Sacramento, CA95814 I Governor Edmund G. Brown Jr. RESOLUTION WHEREAS, Article VII, Section 1, subdivision (b) of the California Constitution mandates that civil service appointments and promotions shall be made under a general system based on merit, as ascertained by competitive examination; and WHEREAS, pursuant to the provisions of Article VII, Section 3, of the California Constitution, the State Personnel Board (Board) is the entity that has been tasked with the authority to oversee and enforce the State civil service statutes; and WHEREAS, in an effort to align with the Governor's Operations vision to maximize use of state resources, and minimize the confusion to the public for multiple open examinations for the same classification, State Compensation Insurance Fund is agreeing to utilize the state's continuous testing open lists for Workers' Compensation Claims Adjuster, Senior Workers' Compensation Claims Adjuster, Workers' Compensation Insurance Representative, and Senior Workers' Compensation Insurance Representative administered on continuous testing open basis and maintained by the California Department of Human Resources (CalHR); and WHEREAS, State Compensation Insurance Fund's current eligible lists for the Workers' Compensation Claims Adjuster, Senior Workers' Compensation Claims Adjuster, Workers' Compensation Insurance Representative, and Senior Workers' Compensation Insurance Representative are resulting from continuous testing with eligibility records less than one year old; and WHEREAS, State Compensation Insurance Fund ceased examining for the Workers' Compensation Claims Adjuster, Senior Workers' Compensation Claims Adjuster, Workers' Compensation Insurance Representative, and Senior Workers' Compensation Insurance Representative on September 15, 2017, and will continue to use the lists until November 1, 2017 or until the lists are exhausted, whichever date occurs sooner; and S!ere oi Cotilomia I Government Operations Agency I Slate Pornonnel Board Excoolive Office 9' Appeals Division ll't Policy & Compliance Review Division Legal O!lica SPB 3 of 4

11 Abolishment of Department Classification Eligible Lists Page 2 WHEREAS, prior to expiration of Workers' Compensation Claims Adjuster, Senior Workers' Compensation Claims Adjuster, Workers' Compensation Insurance Representative, and Senior Workers' Compensation Insurance Representative eligibility lists, State Compensation Insurance Fund will notify all the active eligibles on these eligible lists and explain the process to establish or re-establish eligibility for these five classifications; IT IS RESOLVED AND ORDERED THAT: CalHR is hereby authorized to abolish the Workers' Compensation Claims Adjuster, Senior Workers' Compensation Claims Adjuster, Workers' Compensation Insurance Representative, and Senior Workers' Compensation Insurance Representative classifications, on the behalf of State Compensation Insurance Fund as outlined above. The foregoing resolution was made and adopted by the State Personnel Board during its meeting on, as reflected in the record of the meeting and Board minutes. SUZANNE M. AMBROSE Executive Officer SPB 4 of 4

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17 On, the Board took the following action on the Career Executive Assignment Category as presented by Suzanne M. Ambrose, Executive Officer, California State Personnel Board. VOTE: No Action Taken Career Executive Assignments Attachment 4 NONE Page 7 of 18

18 On, the Board took the following action on the Submitted Items as presented by Suzanne M. Ambrose, Executive Officer, California State Personnel Board. VOTE: No Action Taken Submitted Items Attachment 5 A. Items Scheduled for Action NONE B. Items to be Scheduled for Action at a Later Date NONE Page 8 of 18

19 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: Shanahan, Costigan, Tom Aye Evidentiary Cases Attachment 6 A. Administrative Law Judges Proposed Decision after Hearing 1. CASE NO Classification: Personnel Supervisor 2. CASE NO Classification: Chief Psychiatrist 3. CASE NO Classification: Associate Warden 4. CASE NO Classification: Police Sergeant Department: California Department of State Hospitals 5. CASE NO Classification: Workers Compensation Insurance Technician Department: State Compensation Insurance Fund 6. CASE NO CASE NO Classification: Psychiatric Technician Page 9 of 18

20 8. CASE NO CASE NO Classification: Correctional Sergeant 10. CASE NO CASE NO ACTION: The Board rejected the ALJ s Proposed Decision and will issue its own Decision. 12. CASE NO CASE NO CASE NO Classification: Senior Psychiatric Technician Department: California Department of State Hospitals 15. CASE NO Classification: Fire Captain Department: California Department of Forestry and Fire Protection Page 10 of 18

21 16. CASE NO Classification: Accounting Officer Department: California Employment Development Department 17. CASE NO Classification: Officer Department: California Highway Patrol 18. CASE NO Classification: Transportation Surveyor Department: California Department of Transportation ACTION: The Board rejected the ALJ s Proposed Decision and will set for Oral Argument. 19. CASE NO CASE NO Classification: Instructional Support Technician Department: California State University, Long Beach 21. CASE NO Classification: Materials and Stores Supervisor 22. CASE NO Classification: Teacher ACTION: The Board rejected the ALJ s Proposed Decision and will set for Oral Argument. 23. CASE NO Classification: Building Service Engineer Department: San Diego State University Page 11 of 18

22 24. CASE NO Classification: Correctional Lieutenant B. Petitions for Rehearing 1. CASE NO NP Classification: Deputy Attorney General Department: California Department of Justice 2. CASE NO P Classification: Certified Nursing Assistant Department: California Department of Veterans Affairs 3. CASE NO P 4. CASE NO KP Classification: Police Officer Department: California Department of State Hospitals C. Pending Board Review 1. CASE NO A 2. CASE NO A Classification: Correctional Lieutenant 3. CASE NOS KA, KA, and KA Page 12 of 18

23 4. CASE NO A 5. CASE NO A Classification: Associate Governmental Program Analyst Department: California Department of Transportation 6. CASE NO A Classification: Engineer Department: California Air Resources Board D. Oral Arguments NONE E. Chief Counsel Resolutions 1. CASE NO Sacramento County Superior Court Case No CU-BC-GDS Classification: Warden Department: California Department of Fish and Wildlife ACTION: The Board issued its Resolution. F. Pending Board Decisions NONE Non-Evidentiary Cases G. Withhold from Certification Appeals 1. CASE NO N 2. CASE NO N Classification: Police Officer Department: California Department of State Hospitals ACTION: The Board rejected the Proposed Decision and will issue its own Decision. Page 13 of 18

24 3. CASE NO NR ACTION: The Board rejected the Proposed Decision and will issue its own Decision. 4. CASE NO N Classification: Cadet Department: California Department of Parks and Recreation 5. CASE NO N 6. CASE NO N ACTION: Granted 7. CASE NO N Classification: Associate Information Systems Analyst Department: California Public Employees Retirement System 8. CASE NO N 9. CASE NO N 10. CASE NO N Classification: Cadet Department: California Highway Patrol Page 14 of 18

25 11. CASE NO N 12. CASE NO N ACTION: Granted 13. CASE NO N Department: Department of Corrections and Rehabilitation ACTION: Granted 14. CASE NO N 15. CASE NO N 16. CASE NO N 17. CASE NO N 18. CASE NO N ACTION: Granted Page 15 of 18

26 19. CASE NO N 20. CASE NO N 21. CASE NO N 22. CASE NO N 23. CASE NO N 24. CASE NO N ACTION: Granted 25. CASE NO N ACTION: Granted 26. CASE NO N Page 16 of 18

27 27. CASE NO N Classification: Associate Governmental Program Analyst Department: California Board of Equalization 28. CASE NO N 29. CASE NO N H. Medical and Psychological Screening Appeals NONE I. Request to File Charges Cases 1. CASE NO N J. Examination Appeals, Minimum Qualifications, Merit Issue Complaints 1. CASE NO N Classification: Supervising Water Resource Control Engineer Department: California State Water Resource Control Board ACTION: The Board rejected the Proposed Decision and remanded it for further clarification 2. CASE NO N Classification: Supervising Water Resource Control Engineer Department: California State Water Resource Control Board ACTION: The Board rejected the Proposed Decision and remanded it for further clarification Page 17 of 18

28 3. CASE NO N Classification: Investigator Department: California Department of Insurance ACTION: Granted 4. CASE NOS NK, NK, NK, NK, NK, and NK Classification: Supervising Fraud Investigator Department: California Department of Insurance ACTION: Granted K. Section 211 Appeals, Section 212 Out of Class Appeals, Voided Appointment Appeals 1. CASE NO N Classification: Associate Information Services Analyst Department: California Office of Systems Integration ACTION: Granted Page 18 of 18

29 California State Personnel Board Meeting I hereby certify that the State Personnel Board made and adopted the preceding resolution at its meeting held on November 2, VOTE: Burton, Shanahan, Clarey, Costigan, Tom Aye /s/ SUZANNE M. AMBROSE SUZANNE M. AMBROSE, Executive Officer California State Personnel Board