Board Meeting Notice and Agenda. July 12, :00 a.m.

Transcription

1 Board Meeting Notice and Agenda July 12, :00 a.m. Meeting location: State Personnel Board 801 Capitol Mall, Rm 150 Sacramento, CA Teleconference location: 505 Van Ness Ave Hearing Room C San Francisco, CA I. Open Session - Call to Order and Roll Call II. Information and Discussion Items 1. Report of the Executive Officer 2. Report of the Chief Counsel 3. Report on the California Public Employees Retirement System 4. New Business 5. Public Comment on Matters Not on the Agenda III. Closed Session Attachment 1 IV. Reconvene into Open Session Action Items 1. Approval of Request to Revoke Obsolete Policy Policy Memos Memorandums (materials to Board Members only) 2. Approval of Proposed Changes to Board Regulations Draft Regs regarding Selection, Examinations, and Classifications (materials to Board Members only) 3. Approval of the Draft Summary Open Minutes Draft Minutes from the June 14, 2018, Board Meeting (materials to Board Members only) Page 1 of 2

2 California State Personnel Board Meeting Notice and Agenda July 12, Approval of the Draft Closed Minutes from the June 14, 2018, Board Meeting (materials to Board Members only) 5. Non-Hearing Items Attachment 2 6. Hearing Items Attachment 3 7. Career Executive Assignments Attachment 4 8. Submitted Items Attachment 5 9. Evidentiary Cases and Non-Evidentiary Cases Attachment 6 V. Adjournment Meetings of the State Personnel Board (SPB) are open to the public except when specifically noticed otherwise in accordance with the Open Meeting Act. The Board may take action on any item listed on the agenda, unless listed as informational only. Times are approximate and subject to change. Agenda items may be taken out of order to accommodate speakers and to maintain a quorum. This meeting may be cancelled without notice. Written comments on agenda items should be submitted to the Board no later than 12:00 pm the day before the meeting. comment letters to kaye.abbey@spb.ca.gov. For questions regarding this meeting, please call (916) Live broadcasts of open sessions are available for viewing at: A link will be posted on the day of the meeting that will provide access to the broadcast. The meeting facilities are accessible to individuals with disabilities. Requests for disability-related modification or accommodation should be made at least five business days prior to the meeting and should be directed to (916) or kaye.abbey@spb.ca.gov. Page 2 of 2

3 California State Personnel Board Meeting Notice and Agenda July 12, 2018 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 1 of 1

4 California State Personnel Board Meeting Notice and Agenda July 12, 2018 Non-Hearing Items Attachment 2 The following proposals are made to the Board by either CalHR or SPB. It is anticipated that the Board will act on these proposals without a hearing. Anyone with concerns or opposition to these proposals should submit, in writing, a notice to the Executive Officer clearly stating the nature of the concern or opposition. Such notice should explain how the issue in dispute is a merit employment matter within the Board's scope of authority as set forth in the State Civil Service Act (Government Code Section et seq.) and Article VII of the California Constitution. Matters within the Board's scope of authority include, but are not limited to, personnel selection, employee status, discrimination and affirmative action. Matters outside the Board's scope of authority include, but are not limited to, compensation, employee benefits, position allocation, and organization structure. Such notice must be received not later than close of business on the Monday before the Board meeting at which the proposal is scheduled. Such notice from an exclusive bargaining representative will not be entertained after this deadline, provided the representative has received advance notice of the classification proposal pursuant to the applicable memorandum of understanding. In investigating matters outlined above, the Executive Officer shall act as the Board's authorized representative and recommend that the Board either act on the proposals as submitted without a hearing or schedule the items for a hearing, including a staff recommendation on resolution of the merit issues in dispute. A. Requests to Establish, Revise or Abolish Classifications, Alternate Range Criteria, etc. 1. REQUEST TO REVISE AND RETITLE TWO CLASSIFICATIONS IN THE CONSERVATIONIST, CALIFORNIA CONSERVATION CORPS SERIES; REVISE AND RETITLE THE CONSERVATION SUPERVISOR, CALIFORNIA CONSERVATION CORPS CLASSIFICATION AND ADD IT TO THE REVISED CONSERVATIONIST SERIES; REVISE ALTERNATE RANGE CRITERIA 124; REALLOCATE INCUMBENTS IN THE CONSERVATIONIST I (ENERGY), CALIFORNIA CONSERVATION CORPS CLASSIFICATION TO THE CONSERVATIONIST I, RANGE B CLASSIFICATION IN THE REVISED CONSERVATIONIST SERIES; AND ABOLISH THE CONSERVATIONIST I (ENERGY), CALIFORNIA CONSERVATION CORPS CLASSIFICATION UPON REALLOCATION OF INCUMBENTS CalHR in partnership with the SPB and the California Conservation Corps (CCC), proposes to revise and retitle the following classifications along with revising the minimum qualifications. The current Conservationist I, CCC, and Conservationist II, CCC, classifications are currently on a series classification specification titled Conservationist, CCC Series. This proposal will convert the specification to a service- Page 1 of 3

5 California State Personnel Board Meeting Notice and Agenda July 12, 2018 wide series by removing department specific references and broadening the duties, allowing other departments to use the classifications. Specifically, it retitles the Conservationist I, CCC, to Conservationist I, the Conservationist II, CCC, to Conservationist II, and the Conservationist, CCC, Series to the Conservationist Series. Additionally, the Conservation Supervisor, CCC, will be retitled to Conservationist Supervisor and added to the Conservationist Series classification specification. To streamline the classification plan, the Conservationist I (Energy), CCC, has been deemed a duplicative parenthetical classification that can be consolidated into the revised Conservationist I, Range B, classification. The incumbents of the Conservationist I (Energy), CCC, will be reallocated to the Conservationist I, Range B, classification, and the Conservationist I (Energy), CCC, classification will be abolished once the incumbents are reallocated. Additionally, due to changes in law, the driver license requirement has been modified. 2. REQUEST TO REVISE AND RETITLE EIGHT CLASSIFICATIONS IN THE RESEARCH ANALYST, RESEARCH PROGRAM SPECIALIST, AND RESEARCH MANAGER, TAX RESEARCH SPECIALIST, AND CHIEF OF RESEARCH, CORRECTIONAL PROGRAM SERIES; REVISE ALTERNATE RANGE CRITERIA 87; REALLOCATE INCUMBENTS IN 29 CLASSIFICATIONS; ABOLISH 29 CLASSIFICATIONS UPON REALLOCATION OF INCUMBENTS INTO THE REVISED CLASSIFICATION SERIES; AND DESIGNATE ONE CLASSIFICATION WITH A FOOTNOTE 24 TO BE ABOLISHED UPON VACANCY CalHR in partnership with SPB proposes to revise and retitle the following Bargaining Unit 1 research classifications. The current classifications and series for the Research Analyst, Research Program Specialist, Research Manager, Tax Research Specialist, and Chief of Research, Correctional Program, consist of 37 duplicative parenthetical and department-specific classifications with narrowly defined specialties. As a result, separate examinations are required for each of the 37 classifications. Additionally, the current classification specifications do not allow for new and emerging areas of research, such as data analytics. CalHR proposes to address these issues by revising and retitling these series and classifications to the Research Data Series. These revisions include abolishing the parenthetical classifications; broadening the service-wide classifications; adding data analytics to the series; and, including the Research Analyst and Research Manager classifications in the series specification to allow for a clear upward mobility path. Page 2 of 3

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51 Research Data Manager Research Data Specialist III Research Data Supervisor II Research Data Specialist II Research Data Supervisor I Research Data Specialist I Research Data Analyst II Research Data Analyst I Range C Range B Range A SPB 15 of 94

52 Research Data Series Mapping CURRENT PROPOSED 6401 Research Manager III (Demography) Research Data Manager Chief of Research, Correctional Program (Formerly called Research Manager III General) 7422 Research Manager II (Geographic Information Systems) Research Data Supervisor II 5794 Research Manager II (Economics) 5737 (Formerly called Research Manager II General) 5738 Research Manager II Social/Behavioral 7421 Research Manager I (Geographic Information Systems) Research Data Supervisor I Research Manager I (Economics) (Formerly called Research Manager I General) Research Program Specialist III (Resource Economical Operations 5861 Research) 7420 Research Program Specialist III (Geographic Information Systems) 5036 Tax Research Specialist III 5770 Research Data Specialist III (Formerly called Research Program Specialist III (Demography)) 7419 Research Program Specialist II (Geographic Information Systems) Research Data Specialist II 5764 Research Program Specialist II (Health) 5771 Research Program Specialist II (Demography) 5835 Research Program Specialist II (Economics) Research Program Specialist II (Social/Behavioral) (Formerly called Research Program Specialist II) 5620 Research Program Specialist II (Mental Health) 5030 Tax Research Specialist II 7418 Research Program Specialist I (Geographic Information Systems) Research Data Specialist I 5893 Research Program Specialist I (Health) 5833 Research Program Specialist I (Demography) Research Program Specialist I (Economics) (Formerly called Research Program Specialist I) 5756 Research Program Specialist I (Social/Behavioral) 5023 Tax Research Specialist I 7417 Research Analyst II (Geographic Information Systems) Research Data Analyst II 5809 Research Analyst II (Demography) Research Analyst II (Economics) (Formerly called Research Analyst II General) 5732 Research Analyst II (Social/Behavioral) 7416 Research Analyst I (Geographic Information Systems), Range C Research Data Analyst I, Range C Research Analyst I (Economics), Range C (Formerly called Research Analyst I General) 7416 Research Analyst I (Geographic Information Systems), Range B Research Data Analyst I, Range B Research Analyst I (Economics), Range B (Formerly called Research Analyst I General) 7416 Research Analyst I (Geographic Information Systems), Range A Research Data Analyst I, Range A Research Analyst I (Economics), Range A (Formerly called Research Analyst I General) SPB 16 of 94

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131 California State Personnel Board Meeting Notice and Agenda July 12, 2018 B. California Code of Regulations, title 2 section 90 Abolishment of Vacant Civil Service Classifications In accordance with California Code of Regulations, title 2, section 90, CalHR identified civil service classifications that have been vacant for at least 24 months. NONE Page 3 of 3

132 California State Personnel Board Meeting Notice and Agenda July 12, 2018 Hearing Items Attachment 3 The following items are set for hearing. 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 CalHR proposes to abolish the following eligibility lists, which have been in existence less than 12 months. NONE C. California Code of Regulations, title 2 section 90 Retention of Vacant Civil Service Classifications In accordance with California Code of Regulations, title 2, section 90, CalHR identified civil service classifications that have been vacant for at least 24 months. NONE Page 1 of 1

133 California State Personnel Board Meeting Notice and Agenda July 12, 2018 Career Executive Assignments Attachment 4 This section of the Agenda serves to inform interested individuals and departments of objections to proposed Career Executive Assignment (CEA) position actions set for hearing before the five-member State Personnel Board. NONE Page 1 of 1

134 California State Personnel Board Meeting Notice and Agenda July 12, 2018 Submitted Items Attachment 5 These items were taken under submission by the Board at a prior meeting. A. Items Scheduled for Action NONE B. Items to be Scheduled for Action at a Later Date NONE Page 1 of 1

135 California State Personnel Board Meeting Notice and Agenda July 12, 2018 Evidentiary Cases Attachment 6 A. Administrative Law Judges Proposed Decision after Hearing The Board Administrative Law Judges (ALJ) conduct evidentiary hearings in appeals that include, but are not limited to, adverse actions, medical terminations, demotions, discrimination, reasonable accommodations, and whistleblower complaints. 1. CASE NOS K and K Classifications: Correctional Lieutenant and Correctional Officer Department: California Department of Corrections and Rehabilitation 2. CASE NO Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation 3. CASE NO Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation 4. CASE NO Classification: Motor Vehicle Representative Department: California Department of Motor Vehicles 5. CASE NO Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation 6. CASE NO Classification: Correctional Sergeant Department: California Department of Corrections and Rehabilitation 7. CASE NO Classification: Associate Information Systems Analyst Department: California Franchise Tax Board 8. CASE NO Classification: Staff Services Manager Department: California Public Utilities Commission Page 1 of 5

136 California State Personnel Board Meeting Notice and Agenda July 12, CASE NO Classification: Senior Youth Correctional Officer Department: California Department of Corrections and Rehabilitation 10. CASE NO Classification: Administrative Law Judge Department: California Department of Industrial Relations 11. CASE NO Classification: Disability Insurance Program Representative Department: California Employment Development Department B. Petitions for Rehearing The Board will vote to grant or deny a petition for rehearing filed by one or both parties, regarding a case already decided by the Board. 1. CASE NO P Classification: Environmental Planner Department: California Department of Transportation 2. CASE NO P Classification: Deputy Attorney Department: California Department of Transportation 3. CASE NO P Classification: Tax Compliance Representative Department: California Employment Development Department 4. CASE NO P Classification: Environmental Scientist Department: California Department of Fish and Wildlife 5. CASE NO P Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation 6. CASE NO P Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation Page 2 of 5

137 California State Personnel Board Meeting Notice and Agenda July 12, 2018 C. Pending Board Review These cases are pending preparation of transcripts, briefs, or the setting of oral argument before the Board. 1. CASE NO PA Classification: Correctional Sergeant Department: California Department of Corrections and Rehabilitation D. Oral Arguments These cases will be argued at this meeting or will be considered by the Board in closed session based on written arguments submitted by the parties. NONE E. Chief Counsel Resolutions 1. SPB CASE NO Superior Court of Sacramento, County of Sacramento, Case No Classification: Parole Agent Department: California Department of Corrections and Rehabilitation F. Pending Board Decisions These Evidentiary and Non-Evidentiary items have been taken under submission by the Board at a prior meeting. 1. CASE NO RA Classification: Registered Nurse Department: California Department of Corrections and Rehabilitation 2. CASE NO A Classification: Registered Nurse Department: California Department of State Hospitals 3. CASE NO A Classification: Parole Agent Department: California Department of Corrections and Rehabilitation 4. CASE NO A Classification: Officer Department: California Highway Patrol Page 3 of 5

138 California State Personnel Board Meeting Notice and Agenda July 12, 2018 Non-Evidentiary Cases G. Withhold from Certification Appeals Cases are heard by a Staff Hearing Officer, a managerial staff member of the SPB or investigated by Appeals Division staff. The Board will be presented recommendations on each appeal. 1. CASE NO N Classification: Accountant Department: California Department of State Hospitals 2. CASE NO N Classification: Parole Agent Department: California Department of Corrections and Rehabilitation 3. CASE NO N Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation 4. CASE NO N Classification: Associate Governmental Program Analyst Department: California Employment Development Department 5. CASE NO N Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation 6. CASE NO N Classification: Senior Environmental Scientist Department: California Department of Food and Agriculture 7. CASE NO N Classification: Staff Services Analyst Department: California Department of Developmental Services 8. CASE NO N Classification: Business Service Officer Department: California Department of Corrections and Rehabilitation 9. CASE NO N Classification: Correctional Officer Department: California Department of Corrections and Rehabilitation Page 4 of 5

139 California State Personnel Board Meeting Notice and Agenda July 12, 2018 H. Medical and Psychological Screening Appeals Cases heard by a Staff Hearing Panel comprised of a managerial staff member of the SPB and a medical professional. The Board will be presented recommendations on each appeal. 1. CASE NO N Classification: Parole Agent Department: California Department of Corrections and Rehabilitation / Psychological Screening Program I. Request to File Charges Cases Cases investigated by Appeals Division staff. recommendations on each request. The Board will be presented NONE J. Examination Appeals, Minimum Qualifications, Merit Issue Complaints Cases heard by a Staff Hearing Officer, a managerial staff member of the SPB or investigated by Appeals Division staff. The Board will be presented recommendations on each appeal. 1. CASE NO N Classifications: Disability Insurance Program Representative, Disability Insurance Program Manager I, Disability Insurance Specialist I Department: California Employment Development Department 2. CASE NO N Classification: Environmental Scientist Department: California Department of Pesticide Regulation 3. CASE NO N Classification: Structural Design Technician Department: California Department of Transportation K. Section 211 Appeals, Section 212 Out of Class Appeals, Voided Appointment Appeals Cases heard by a Staff Hearing Officer, or a managerial staff member of the State Personnel Board. The Board will be presented recommendations on each appeal. 1. CASE NO N Classification: Psychologist-Clinical Department: California Department of Correctional Health Care Services Page 5 of 5