Summary Minutes California State Personnel Board Meeting June 9, 2009 10:00 a.m. Open Session Call to Order and Roll Call Members Present: Anne Sheehan, President Richard Costigan, Vice President Sean Harrigan Patricia Clarey I. Information and Discussion Items Report of the Executive Officer Suzanne Ambrose - The Governor issued an Executive Order yesterday that requires all Departments to disencumber funding for contracts entered into after March 1, 2009, for goods and services where the services and goods have not yet been provided. - Within 30 days after passage of the revised 2009-2010 budget, each Department is to reduce their appropriation by 15% for their contracting and purchasing budget. Until the reduction plan is approved, Departments cannot enter in to any contracts, amend contracts or issue any purchase orders. - There will be an exemption process that Departments can apply for and the Governor s office has set forth the criteria for what qualifies for the exemption. - SPB has put together a number of informational seminars for employees that have been issued layoff notices and are on the SROA list. To date, there are 154 people registered. - The first two informational seminars took place on last Friday and were for the Department s HR representatives so that they know what information SPB Staff is distributing - On June 8 th, there were two sessions held in the SPB Auditorium for the SROA affected employees there will be more on the following dates: Tuesday, June 16, 2009: 9:30 a.m. 11:30 a.m. Wednesday, June 24, 2009: 2:30 p.m. 4:30 p.m. - Thursday, June 11, 2009, SPB and DPA will be conducting a Job Fair at Cal Expo. Departments that are hiring will be at the fair and the SROA employees will attend as well, and Staff hopes to try and match employees with the current vacancies to place them in a permanent position. The goal is to get everyone placed into positions by July 1, 2009. - SPB s role in the job fair is to present the informational seminars in topics such as interviewing tips, how to read minimum qualifications, helping with resume writing, explaining the SROA process and transfer rules. - There will also be demonstrations on the tools available on SPB s website, such as the Transfer Calculator which shows all the classifications that fall within 10% of an employee s current classification pay scale. The employee can then view those classification s minimum qualifications to see if they are eligible to transfer into that class.
Report of the Office of the Chief Counsel Bruce Monfross - Rajendra Dave v. SPB: The SPB has been named as a defendant in a Small Claims Court action seeking $105.00 in damages as a result of plaintiff being charged $80.00 for the SPB to re-create an eligibility list that he requested under California s Public Records Act. - California Highway Patrol, et al. v. SPB / Huberto Acevedo: The SPB has filed an answer in the Sacramento County Superior Court concerning the first amended petition for writ of mandate. - The Chief Counsel s Office has received information that SPB Administrative Law Judge Susan Kleinman has filed a disability discrimination complaint against the SPB in the Los Angeles County Superior Court; however, the SPB has not yet been served with a copy of the complaint. Report on Legislation Carol Ong - AB 1290 (Conway), SPB s bill on the State Internship Program, the author s office had informed us that because the bill was heard the Assembly Appropriations Committee and placed in suspense, that they would not allow it to be made into a 2-year bill. However, in recent conversations with the author s staff, they are reviewing the bill s status. - On SB 623 (Ashburn), SPB s bill on Extension of Limited-term Appointments, made it through the Senate and continues to be held at the Assembly desk. Report on the California Public Employees Retirement System Patricia Clarey - Member Clarey gave a brief report on the activities of the California Public Employees Retirement System. Her report is attached. Attachment 1 Report on the Statewide Training Unit Sue Williams - In Fiscal Year 2008-2009 SPB Statewide Training expanded the selection of course offerings to state employees. In addition to the Selection Analyst Certificate Program Courses and Personnel Management Courses, Statewide Training has added the Equal Employment Opportunity Academy and Pre Analyst and Analyst Competency based courses. - Both the Pre analyst and Analyst classes were so popular that we had waiting lists and added more classes to our calendar to meet the demand. - We also had enough demand for the Selection Analyst classes that we added one more section of each class. We offered the complete series in the fall, winter, and spring. This year we have approximately 40 graduates of the program. - The new EEO academy classes are a great addition to what we offer, are very popular and the evaluations of the course are very positive. We offered 2 day and 4 day Investigator training EEO Counselor Diversity Training Into to FEHA and ADA Practical Solutions to Reasonable Accommodation Sexual Harassment Prevention
Working with Generational Differences Writing an Effective Duty Statement - By the end of this FY Statewide training will have delivered 127 in-house classes and 26 field classes. We have processed approximately 5000 registration forms this FY and delivered training to almost 4,000 employees. - Staff decided to try something new this spring and instead of doing paper evaluations, we are experimenting with an on-line course evaluation tool. We have found that the participants who complete the survey evaluations are more thorough in their comments than the paper evaluations completed at the end of class as people are rushing out the door. - Our hope for the next FY is to be able to deliver more open enrollment classes in other parts of California. Of course our biggest goal is to continue to listen to our customers and deliver excellent training to meet their needs. New Business - NONE During Public Comment, Helen Roth-Dowden and Terry Lawhead from SEIU Local 1000 were present along with Irene Ho from Assembly member Julia Brownley s office to discuss the Board s opposition to AB 755 and asked that they meet with staff to come up with amendments to the bill to address the Board s concerns. II. Hearings and Oral Arguments Oral Argument Case No. 07-1920A Persons Participating: Stephen Mesi, Deputy Attorney General, representing CDCR Edward Faunce, Attorney for Appellant ACTION: SUBMITTED Oral Argument Case No. 07-0996PA Persons Participating: Robert Stewart, Attorney for Appellant Richard Fisher, Staff Counsel, CDCR ACTION: SUBMITTED Oral Argument Case No. 07-3440A Persons Participating: Sonia Garcia, Staff Counsel Kim Roe, Disc. Sgt. ERO, CDCR ACTION: The Board adopted the ALJ s Proposed Decision
PSC No. 09-02 Appeal of AFSCME, Local 2620, from the Executive Officer s March 2, 2009, Approval of 14 Personal Services Contracts for Pharmacist Services Promulgated by the Department of Mental Health. Attachment 2 (Attachment to Board Members Only) Persons Participating: Cliff Tillman, Business Agent, AFSCME Local, 2620 Gayathri Murthy, Staff Counsel III, California Department of Mental Health ACTION: The Board adopted the Executive Officer s decision approving the 14 contracts for Pharmacist services. Closed Session Attachment 3 Employee Appointments, Disciplinary Matters, and Other Appeals Deliberation on Non-Evidentiary Cases and Adverse Actions, Discrimination Complaints and other Proposed Decisions Submitted by Administrative Law Judges Pending Litigation Recommendations to the Legislature Recommendations to the Governor Open Session II. Hearings and Oral Arguments Hearing California Department of Corrections and Rehabilitation Attachment 4 Persons Participating: Jennifer Nolan, SSMI- Personnel, CDCR Lori Rucks, SSMII Office of Workforce Planning, CDCR Cecilia Perrion, SSMI Testing, CDCR Priscilla Sobremante, CSW, CDCR ACTION: SUBMITTED Informational hearing on resources for displaced State employees Persons Participating: Chris Codiroli, Bargaining Unit 9, PECG III. Action Items Minutes From April 28, 2009 Board Meeting Attachment 5 ACTION: ADOPTED Minutes From May 14, 2009 Board Meeting Attachment 6 ACTION: ADOPTED Closed Session Minutes from April 28, 2009 and May 14, 2009 ACTION: ADOPTED Resolution Extending Time Pursuant to Government Code Section 18671.1 Attachment 7 Non-Hearing Agenda Attachment 8 Career Executive Assignment (CEA) Category Activity Attachment 9 Hearing Agenda
ADJOURNMENT 1. Submitted Items Attachment 10 2. Evidentiary & Non-Evidentiary Cases Attachment 11 MINUTES CERTIFICATION
Attachment 1 Patricia Clarey CalPERS Update May 2009 CalPERS Total Fund As of March 31, 2009, the total value of the fund was approximately $169.4 billion. For the one year period ended March 31, 2009, the gross rate of return was approximately -29.13%. For the fiscal year to date period ended March 31, 2009, the rate of return was -28.49%. Leverage Policy The Board adopted a new policy on leverage to set forth a framework for comprehensively identifying, measuring, managing, and reporting various forms of leverage. Placement Agents and Other Financially Interested Parties The Board adopted a new policy requiring external managers to disclose fees and other information about the placement agents they hire to seek CalPERS business. Private Equity Consultant Finalist Interviews and Selection The Board designated Pension Consulting Alliance, Inc. rank one and awarded the contract for Private Equity Consultant Services, subject to final negotiations and satisfaction of all requirements. The anticipated contract start date is July 1, 2009. Impact of Economic Environment on Employer Rates and Possible Smoothing Modifications (First Reading) The Board adopted the first reading of the impact of the recent investment market decline on employer contribution rates and possible smoothing modifications. State and Schools Employer Contribution Rates The Board adopted the employer contribution rates for State and Schools for fiscal year 2009-10. State Industrial Disability Cost Report The Board approved the 2007/2008 State Employers' Industrial Disability Cost Report (IDR) and move for adoption by the Board with the instructions to file this report with the Governor and the Legislature. Actuarial Valuation Report - 1959 Survivor Benefit Program The Board approved the Actuarial Valuation Report for the 1959 Survivor Benefit Program as of June 30, 2008 and adopted the employer and employee monthly premiums for fiscal year 2009-10. Legislation The Board adopted the following position on proposed legislation: AB 468 (Hayashi) Alameda County Transportation Improvement Authority Health Vesting Schedule (Neutral, if amended) This bill would create a specific vesting schedule and employer contribution amount for annuitant health care premiums for ACTIA employees hired on or after November 1, 2004. Release of Pharmacy Benefits Manager Request for Proposal The Board approved a request for proposal for a Pharmacy Benefits Manager. Self-Funded Health Plans Third-Party Administrator Contract Extension The Board approved extending the Self-Funded Health Plans Third-Party Administrator, Anthem Blue Cross, contract for an additional twelve month period. Page 1
Attachment 3 Employee Appointments, Disciplinary Matters, and Other Appeals Deliberations to consider matters submitted at prior hearing. [Government Code Sections 1126(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 State Personnel Board 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. [Government Code sections 11126(e), 18653.] Patrick McCollum v. State of California United States District Court, Northern District of California Case No. C 04-03339 CRB Plata, et al. v. Schwarzenegger, et al. United States District Court, Northern District of California Case No. C01-1351 TEH Service Employees Local 1000 v. California Department of Education, et al. Sacramento Superior Court Case No. 34-2009-00032144-CU-WM-GDS California Highway Patrol, et al. v. State Personnel Board (Hubert Acevedo) Sacramento County Superior Court Case No. 34-2008-00002614-CU-WM-GDS 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
Attachment 4 HEARING CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION The Department of Corrections and Rehabilitation requests that the State Personnel Board amend the Coleman Resolution that was approved on April 4, 2007, and expired on April 4, 2009. The Department of Corrections and Rehabilitation requests that the Coleman Resolution authorizing the use of the three limited scores be extended for an indefinite period of time for existing mental health care and licensed mental health care classifications and for any new mental health care classification(s) that may be established in the future for CDCR. Page 1
Attachment 7 NOTICE OF GOVERNMENT CODE SECTION 18671.1 RESOLUTION Since Government Code section 18671.1 requires that cases pending before State Personnel Board Administrative Law Judges (ALJ's) be completed within six months or no later than 90 days after submission of a case, whichever is first, absent the publication of substantial reasons for needing an additional 45 days, the Board hereby publishes its substantial reasons for the need for the 45-day extension for some of the cases now pending before it for decision. An additional 45 days may be required in cases that require multiple days of hearings, that have been delayed by unusual circumstances, or that involve any delay generated by either party (including, but not limited to, submission of written briefs, requests for settlement conferences, continuances, discovery disputes, pre-hearing motions). In such cases, six months may be inadequate for the ALJ to hear the entire case, prepare a proposed decision containing the detailed factual and legal analysis required by law, and for the State Personnel Board to review the decision and adopt, modify or reject the proposed decision within the time limitations of the statute. Therefore, at its next meeting, the Board will issue the attached resolution extending the time limitation by 45 days for all cases that meet the above criteria, and that have been before the Board for less than six months as of the date of the Board meeting. GOVERNMENT CODE SECTION 18671.1 RESOLUTION WHEREAS, Section 18671.1 provides that, absent waiver by the appellant, the time period in which the Board must render its decision on a petition pending before it shall not exceed six months from the date the petition was filed or 90 days from the date of submission; and WHEREAS, Section 18671.1 also provides for an extension of the time limitations by 45 additional days if the Board publishes substantial reasons for the need for the extension in its calendar prior to the conclusion of the six-month period; and WHEREAS, the Agenda for the instant Board meeting included an item titled "Notice of Government Code section 18671.1 Resolution" which sets forth substantial reasons for utilizing that 45-day extension to extend the time to decide particular cases pending before the Board; WHEREAS, there are currently pending before the Board cases that have required multiple days of hearing and/or that have been delayed by unusual circumstances or by acts or omissions of the parties themselves; NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the time limitations set forth in Government Code section 18671.1 are hereby extended an additional 45 days for all cases that have required multiple days of hearing or that have been delayed by acts or omissions of the parties or by unusual circumstances and that have been pending before the Board for less than six months as of the date this resolution is adopted. ACTION: ADOPTED Page 1
ANNOUNCEMENT OF ACTION TAKEN ON NON-HEARING AGENDA ITEMS Attachment 8 On June 9, 2009, the Board took the following action on the cases listed as presented by Bruce Monfross, Acting Chief Counsel, California State Personnel Board. VOTE: Sheehan, Costigan, Harrigan, Clarey Aye A. BOARD ITEMS PRESENTED BY STATE PERSONNEL BOARD OR DEPARTMENT OF PERSONNEL ADMINISTRATION TO ESTABLISH, REVISE OR ABOLISH CLASSIFICATIONS, ALTERNATE RANGE CRITERIA, ETC. (1) OFFICE OF THE INSPECTOR GENERAL The Office of the Inspector General is requesting approval to revise the Deputy Inspector General classification series by updating the specifications to ensure incumbents are able to perform duties specified under the Penal Code and by expanding the minimum qualifications (MQ) to ensure broader candidate groups. The change in MQs will provide resolution to the current recruitment problems while providing the auditing requirements for the office. ACTION: ADOPTED (2) CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION The California Department of Corrections and Rehabilitation proposes establishment of the Regional Dental Director, Career Executive Assignment (CEA) and the Deputy Statewide Dental Director, CEA. These positions ensure that dental services provided under the Inmate Dental Services Program comply with court mandates, state and federal guidelines and are consistent with legal mandates and CDCR s strategic goals. ACTION: ADOPTED B. ABOLISHMENT OF CLASSES THAT HAVE HAD NO INCUMBENTS FOR MORE THAN TWO YEARS. DEPARTMENTS THAT UTILIZE THE CLASS AS WELL AS THE APPROPRIATE UNION HAVE NO OBJECTION TO THE ABOLISHMENT OF THESE CLASSES. The Department of Personnel Administration and State Personnel Board proposes to abolish the following unused classifications, which have been vacant for more than twenty-four months. Departments that utilize the class as well as the appropriate union have no objection to the abolishment of these classes. When classes are proposed to be abolished which are part of a class series, and other classes within the series will continue to be used, the class specification is included in the board item. NONE Page 1
Attachment 8 C. BACKDATE OF APPOINTMENTS NONE Page 2
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STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF PERSONNEL ADMINISTRATION CLASSIFICATION AND COMPENSATION DIVISION 1515 "S" STREET, NORTH BUILDING, SUITE 400 SACRAMENTO, CA 95811-7258 TO: STATE PERSONNEL BOARD FROM: Sandi Sale, Personnel Program Advisor Department of Personnel Administration REVIEWED BY: Belinda Collins, Chief, Classification and Compensation Division Department of Personnel Administration SUBJECT: The California Department of Corrections and Rehabilitation (CDCR) proposes establishment of the Regional Dental Director, Career Executive Assignment and the Deputy Statewide Dental Director, Career Executive Assignment. SUMMARY OF ISSUES: In 2006, a Federal Court found the California Department of Corrections and Rehabilitation (CDCR) to be deficient in providing essential dental services and emergency care to inmates (Perez vs.schwarzenegger, et al.). On June 12, 2007, the court ordered (No. C05-05241 JSW) the establishment of the proposed classifications as described further in Part B. CONSULTED WITH: Toni Dodds, Personnel Analyst, Office of Executive Appointments, CDCR Mary Sue Bautista, Manager, Office of Executive Appointments, CDCR Jackie Cervantes, Department of Personnel Administration Mary Butera, State Personnel Board Denise Masuhara, State Personnel Board CLASSIFICATION CONSIDERATIONS: Please see Part B attached. RECOMMENDATIONS: 1. That the classification of Regional Dental Director, CEA be established; the proposed specification for the class as shown in this calendar be adopted; and the probationary period be 6 months. 2. That the classification of Deputy Statewide Dental Director, CEA be established; the proposed specification for the class as shown in this calendar be adopted; and the probationary period be 6 months. 22
3. That the proposed Alternate Range Criteria for the class of Regional Dental Director, CEA, Ranges A and P, and for the class of Deputy Statewide Dental Director, CEA, Ranges A and P, as shown below be established. ALTERNATE RANGE CRITERIA 475 Range A. This range is the status range for the classification and shall apply to employees who do not meet the criteria for Range P. Range P. This range shall apply to incumbents in positions at the California Department of Corrections and Rehabilitation, Correctional Health Care Services Division, and Adult Institutions, Inmate Dental Services Program, in accordance with the Federal Court Order (Perez vs. Schwarzenegger), Case No. C05-05241 JSW, filed June 12, 2007. Salary movement from a class not covered by Alternate Range Criteria (ARC) 475 to a class receiving ARC 475 shall be to the status Range A then to the entrance rate of the California Department of Corrections and Rehabilitation Range P the same day. Employees covered by ARC 475 moving to another class covered by ARC 475 shall be made pursuant to the appropriate salary rules. Salary comparison to another classification is based on SPB Rule 431 and once the salary relationship is determined, the employee shall move from their current rate based on DPA Rules 599.673, 599.674, 599.675 or 599.676. Employees hired new to State civil service to classifications covered by ARC 475 are to be appointed to the entrance rate of the status range then moved to the entrance rate of the California Department of Corrections and Rehabilitation Range P the same day. Prior to movement to another class in State civil service not covered by ARC 475, an employee receiving compensation under Range P shall have their salary movement based on the appropriate salary range received prior to movement to Range P and shall have their salary adjusted by any merit salary adjustments the employee would have been eligible to receive. RESOLUTIONS: That the following resolutions be adopted on July 1, 2009: WHEREAS, the State Personnel Board on July 1, 2009, established the classes indicated below in Column II; and the duties and responsibilities of these classes were substantially included in the existing classes indicated below in Column I; and WHEREAS, the knowledge and abilities required for the classes indicated in Column II were substantially tested for in the examinations held for the classes listed in Column I: Therefore, be it RESOLVED, that any person in the CDCR, Division of Correctional Health Care Services, with civil service status in one of the classes indicated in Column I on July 1, 2009, 23
performing the work of Regional Dental Director or Deputy Statewide Dental Director, shall be reallocated to the appropriate class as indicated in Column II and hereby granted the same civil service status in that class without further examination. COLUMN I Career Executive Assignment, Regional Dental Director COLUMN II Regional Dental Director, CEA Range A Career Executive Assignment, Deputy Statewide Dental Director Deputy Statewide Dental Director, CEA Range A 24
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Attachment 9 CAREER EXECUTIVE ASSIGNMENT (CEA) CATEGORY ACTIVITY This section of the Agenda serves to inform interested individuals and departments of proposed and approved CEA position actions. Section A lists position actions that have been proposed and are currently under consideration. Any parties having concerns with the merits of a proposed CEA position action should submit their concerns in writing to the Classification and Compensation Division of the Department of Personnel Administration, the CEA and Board Item Unit of the State Personnel Board, and the department proposing the action. To assure adequate time to consider objections to a CEA position action, issues should be presented immediately upon receipt of the State Personnel Board Agenda in which the proposed position action is noticed as being under consideration. In cases where a merit issue has been raised regarding a proposed CEA position action and the dispute cannot be resolved, a hearing before the five-member Board may be scheduled. If no merit issues are raised regarding a proposed CEA position action, and the CEA and Board Item Unit recommends Executive Officer approval the action becomes effective without further action by the five-member Board. Section B of this portion of the Agenda reports those position actions that have been approved and are effective as of the date they were signed by the Executive Officer of the State Personnel Board. A. REQUESTS TO ESTABLISH NEW OR REVISE EXISTING CEA POSITIONS CURRENTLY UNDER CONSIDERATION (1) CHIEF, HOSPITAL OVERSIGHT AND MONITORING BRANCH The Department of Mental Health is requesting approval to revise the above position to reflect the new Hospital Oversight and Monitoring Branch. The position will be responsible for policy development, compliance, implementation, and management of the Enhancement Plan mandated by the terms of the United States Department of Justice Civil Rights of Institutionalized Persons Act Consent Judgment for the five California state hospitals. (2) CHIEF, HOSPITAL OPERATIONS AND FISCAL SUPPORT The Department of Mental Health is requesting approval to revise the duties and responsibilities of the above position to reflect the re-organized and re-titled Branch, Hospital Operations and Fiscal Support. The position will have responsibility for system-wide policy development, implementation, management, and supervision of the state hospital operations, resources, and performance and state hospital capital outlay programs, revenue enhancement, and fiscal systems. (3) SPECIAL ASSISTANT TO THE CHIEF OF STAFF The California Department of Corrections and Rehabilitation is requesting approval to allocate the above position to the CEA category. The position will provide high-level expertise and assistance to the Chief of Staff, and will make program and policy recommendations that have a departmentwide impact in a wide variety of areas including organizational structures Page 1
Attachment 9 and program enhancements. The position will function as a liaison between the Chief of Staff, the Legislature, the Governor s Office, and other external entities, as well as programs within the Department. (4) LABOR COMPLIANCE PROGRAM MANAGER The Department of Industrial Relations is requesting approval to allocate the above position to the CEA category. The position will oversee the development of the Labor Compliance Program, a newly created program, based on recent legislation. The program objective is to ensure all contractors working on public works projects pay their workers at least the prevailing wage for their trade. The position will develop new regulations in support of this objective and meet with awarding entities and contractors to provide consultation regarding the labor compliance. (5) DEPUTY DIRECTOR, ENFORCEMENT AND COMPLIANCE The Department of Consumer Affairs proposes to allocate the above position to the CEA category. The Deputy Director, Enforcement and Compliance will serve as the primary advisor to the Director and Chief Deputy Director concerning all enforcement, compliance, and discipline programs. The position will oversee the department's Division of Investigation which provides investigative services department-wide and develops policies and best practices to benefit the entire department's enforcement and compliance programs. ACTION: NOTED; ITEMS 3&5 WERE TAKEN UNDER SUBMISSION B. EXECUTIVE OFFICER DECISIONS REGARDING REQUESTS TO ESTABLISH NEW OR REVISE EXISTING CEA POSITIONS (1) CHIEF OF COMMUNICATIONS AND LEGISLATION The Department of Veterans Affairs request to revise the existing CEA allocation has been approved effective May 21, 2009. (2) DEPUTY CHIEF ACTUARY The Public Employees Retirement System s proposal to allocate the above position to the CEA category has been approved effective May 28, 2009. (3) PROGRAM DEPUTY DIRECTOR FOR BENEFIT AND SERVICES PROGRAMS The Department of Social Services proposal to allocate the above position to the CEA category has been approved effective May 28, 2009. Page 2
Attachment 9 (4) CALIFORNIA CHILD SUPPORT AUTOMATION SYSTEMS OFFICE DIRECTOR The Department of Child Support Services proposal to allocate the above position to the CEA category has been approved effective May 28, 2009. ACTION: NOTED Page 3
Attachment 10 SUBMITTED ITEMS NOT SCHEDULED FOR ACTION These items have been taken under submission by the State Personnel Board at a prior meeting and are not scheduled for action at this meeting. A. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION S PROPOSED ESTABLISHMENT OF NEW CLASS, MENTAL HEALTH THERAPIST Department of Corrections and Rehabilitation proposed the establishment of a new class, Mental Health Therapist, Correctional Facility, with a twelve month probationary period and designation of the class as sensitive under State Personnel Board Rule 213 for the purpose of pre-employment drug testing. B. RECEIVER S REQUEST FOR DELEGATION AND MODIFICATION TO PROCESSES The Receiver s Office requested the Board delegate several classification functions to the Receiver s Office, subject to Board audit, and requested the Board approve revised procedures for reviewing examination and classification requests submitted by the Receiver s Office. C. RECEIVER S CLINICAL ADMINISTRATOR TITLE REVISED TO: RECEIVER S HEALTH CARE ADMINISTRATOR The California Prison Health Care Services requests establishment of the above position in order to create a clinical management structure within the California Department of Corrections and Rehabilitation s adult institutions. D. DIRECTOR, CLINICAL OPERATIONS (ANCILLARY SERVICES) California Prison Health Care Services requests the establishment of a classification entitled Director of Clinical Operations (Ancillary Services), CEA, to create an effective clinical management structure within the California Department of Corrections and Rehabilitation s adult institutions and health care facilities. This executive position will provide leadership for ancillary patient care services and support functions at the Receiver s new and existing facilities, including Pharmacy, Radiology, Laboratory, Optometry, Podiatry, Respiratory, Dietary, Rehabilitation Services, Health Information Management, and Telemedicine. E. DEPUTY DIRECTOR, LEGISLATIVE AND GOVERNMENTAL RELATIONS The California Children and Family Commission (First 5 California) propose to allocate the above position to the CEA category. Under general direction of the Executive Director, the Deputy Director of Legislative and Governmental Relations will, as a member of the First 5 California Executive Staff, serve as the commission legislative consultant and policy advisor to the First 5 California Executive Staff and State Commissioners on legislative matters and activities relating to various commission programs; will plan, organize, and direct the Commission's legislative program; and advise on the county technical assistance matters as defined in the California Children and Families First Act of 1998. Page 1
Attachment 10 SUBMITTED ITEMS SCHEDULED FOR ACTION These items have been taken under submission by the State Personnel Board at a prior meeting and are scheduled for action at this meeting. NONE Page 2
Attachment 11 ANNOUNCEMENT OF ACTION TAKEN ON EVIDENTIARY CASES AND NON- EVIDENTIARY CASES On June 9, 2009, the Board took the following action on the cases listed as presented by Bruce Monfross, Acting Chief Counsel, California State Personnel Board. VOTE: Sheehan, Costigan, Harrigan, Clarey Aye A. ADMINISTRATIVE LAW JUDGES PROPOSED DECISIONS AFTER HEARING (1) CASE NO. 08-3624 Appeal from Adverse Action (EEO Letter of Determination) Classification: Legal Support Supervisor I Department: California Unemployment Insurance Board ACTION: The Board adopted the ALJ s Proposed Decision. (2) CASE NO. 07-2850 Appeal from Dismissal Classification: Assistant Principal/Supervisor ACTION: The Board adopted the ALJ s Proposed Decision. (3) CASE NO. 05-0511 Appeal from Non-Punitive Termination Classification: Psychiatric Technician Department: California Department of Developmental Services ACTION: The Board adopted the ALJ s Proposed Decision. (4) CASE NO. 07-1153 Appeal from Ten-Percent Salary Reduction for Twenty-Four Pay Periods Classification: Correctional Sergeant ACTION: The Board adopted the ALJ s Proposed Decision. (5) CASE NOS. 08-3337E & 08-4381E Reasonable Accommodation and Discrimination Complaint Classification: Clinical Psychologist ACTION: The Board adopted the ALJ s Proposed Decision. (6) CASE NO. 08-0615 Appeal from Dismissal Classification: Psychiatric Technician Assistant Department: California Department of Developmental Services ACTION: The Board adopted the ALJ s Proposed Decision. Page 1
Attachment 11 (7) CASE NOS. 08-2948, 08-2780 & 08-2779 Appeals from Dismissal Classification: Correctional Officer/Correctional Sergeant ACTION: The Board adopted the ALJ s Proposed Decision. (8) CASE NO. 08-0068 Appeal to Clear Name After Separation Classification: Psychiatric Technician (PLPT) Department: California Department of Developmental Services ACTION: The Board adopted the ALJ s Proposed Decision. (9) CASE NO. 08-3089 Appeal from Dismissal Classification: Correctional Sergeant ACTION: The Board adopted the ALJ s Proposed Decision. (10) CASE NO 08-0189 Appeal from Dismissal Classification: Correctional Lieutenant ACTION: The Board adopted the ALJ s Proposed Decision. (11) CASE NO. 07-2653E Appeal from Denial of Discrimination Complaint Classification: Office Technician Department: California Employment Development Department ACTION: The Board adopted the ALJ s Proposed Decision. PROPOSED DECISIONS AFTER REMAND (12) CASE NO. 08-3017R Appeal from Five-Percent Reduction in Salary for Twelve Months Classification: Correctional Officer ACTION: The Board adopted the ALJ s Proposed Decision. PROPOSED DECISIONS AFTER SPB ARBITRATION NONE B. PETITIONS FOR REHEARING NONE Page 2
Attachment 11 C. PENDING BOARD REVIEW (1) CASE NO. 04-2605A, CASE NO. 04-2614A, CASE NO. 04-2606A, CASE NO. 04-2607A, CASE NO. 04-2608A, CASE NO. 04-2611A Appeals from dismissal Classifications: Correctional Sergeant and Correctional Officer Department: Department of Corrections and Rehabilitation Decision rejected January 14, 2009. Transcripts prepared. Oral argument set for June 9, 2009. Oral argument continued. Oral argument set for August 11, 2009. (2) CASE NO. 07-3421PA Appeal from dismissal Classification: Correctional Officer Department: Department of Corrections and Rehabilitation Petition for Rehearing granted October 21, 2008. Transcripts prepared. Oral argument set for February 11, 2009. Oral argument continued. Oral argument set for April 14, 2009. Oral argument continued. Oral argument set for July 7, 2009. (3) CASE NO. 06-3942PA Appeal from Dismissal Classification: Correctional Officer Petition for Rehearing granted May 28, 2009. Transcripts ordered. (4) CASE NO. 07-3362PA Appeal from dismissal Classification: Officer, California Highway Patrol Department: California Highway Patrol Petition for Rehearing granted February 25, 2009. Transcripts prepared. Oral argument set for July 7, 2009. (5) CASE NO. 07-1710EA, 07-1711A & 07-1718A Appeal from 10 day Suspension, Dismissal & Whistleblower Retaliation Complaint Classification: Painter I Department: Department of Mental Health Decision rejected March 24, 2009. Transcripts prepared. Page 3
Attachment 11 Oral argument set for August 11, 2009. (6) CASE NO. 07-0940A Appeal from denial of reasonable accommodation and constructive medical termination. Classification: Investigator, DMV Department: Department of Motor Vehicles Decision rejected March 10, 2009. Transcripts prepared. Oral argument set for July 7, 2009. (7) CASE NO. 07-3873PA Appeal from dismissal Classification: Correctional Lieutenant Department: Department of Corrections and Rehabilitation Petition for Rehearing granted October 21, 2008. Transcripts prepared. Oral argument set for February 11, 2009. Oral argument continued. Oral argument set for April 14, 2009. Oral argument continued. Oral argument set for July 7, 2009. (8) CASE NO. 07-1462A Appeal from constructive demotion Classification: Administrative Assistant Department: California State University, Los Angeles Decision rejected March 10, 2009. Transcripts prepared. Oral argument set for July 7, 2009. D. ORAL ARGUMENTS (1) CASE NO. 07-1920A Appeal from Constructive Medical Separation Classification: Parole Agent I ACTION: SUBMITTED (2) CASE NO. 07-0996PA Appeal from Dismissal Classification: Physician and Surgeon ACTION: SUBMITTED Page 4
Attachment 11 (3) CASE NO. 07-3440A Appeal from 10% Reduction in Salary for 13 months Classification: Correctional Program Lieutenant ACTION: The Board adopted the ALJ s Proposed Decision. (4) PSC NO. 09-02 Appeal from Executive Officer s March 2, 2009, Decision Approving Personal Services Contracts for Pharmacist Services. Department: Department of Mental Health. ACTION: The Board adopted the Executive Officer s decision approving the 14 contracts for Pharmacist services. E. CHIEF COUNSEL RESOLUTIONS (1) CASE NOS. 06-1729 & 07-2657E Appeal from Rejection During Probation Classification: Drafting Services Aide Department: Transportation Request for Order to Show Cause ACTION: The Board issued a Resolution assigning the matter for a back pay hearing before an ALJ. (2) CASE NO. 06-0186 Appeal from Suspension for 6 days or More Classification: Staff Services Analyst Department: California Department of Health Care Services Request for Order to Show Cause ACTION: The Board granted Appellant s request for an Order to Show Cause against the Department of Health Care Services. (3) CASE NO. 07-0465 Appeal from Dismissal Classification: Office Assistant Request for Order to Show Cause ACTION: The Board granted Appellant s request for an Order to Show Cause against the Department of Corrections and Rehabilitation. Page 5
Attachment 11 F. PENDING BOARD DECISIONS (1) CASE NO. 07-3302A Appeal from Dismissal Classification: Custodian Department: Department of General Services Proposed Decision rejected December 16, 2008. Transcripts prepared. Taken under submission at the May 14, 2009, Board meeting. Ready for Decision by FULL Board. NO ACTION (2) CASE NOS. 05-4338EA & 05-4339A Appeal from denial of Reasonable Accommodation and Constructive Medical Termination Classification: Registered Nurse Proposed Decision rejected September 23, 2008. Transcripts prepared. Oral argument set for December 2, 2008, San Francisco. Oral argument continued. Oral argument set for April 14, 2009. Oral argument continued. Taken under submission at the May 14, 2009, Board meeting. Ready for Decision by FULL Board. NO ACTION (3) CASE NO. 06-3735A Appeal from Demotion Classification: Patrol Lieutenant Supervisor Department: Department of Fish and Game Proposed Decision rejected January 14, 2009. Transcripts prepared. Taken under submission at the May 14, 2009, Board meeting. Ready for Decision by FULL Board. NO ACTION (4) CASE NO. 08-0440PA Appeal from Dismissal Classification: Correctional Sergeant Petition for Rehearing granted October 21, 1008. Transcripts prepared. Taken submission at the May 14, 2009, Board meeting. Ready for Decision by FULL Board. NO ACTION Page 6
Attachment 11 (5) PERSONAL SERVICES CONTRACT 08-13 Appeal of the Employment Development Department from the Executive Officer s December 12, 2008, Disapproval of a Personal Services Contract for Information Technology Services. Taken under submission at the April 14, 2009, Board meeting. Ready for Decision by FULL Board. ACTION: The Board issued a non-precedential decision adopting the Executive Officer s December 12, 2008, decision disapproving the Contract. NON-EVIDENTIARY CASES G. WITHHOLD FROM CERTIFICATION APPEALS (1) CASE NO. 07-2332N Classification: Environmental Planner Department: California Department of Transportation Issue: Suitability; does not meet the minimum experience qualifications. ACTION: GRANTED (2) CASE NO. 07-5199N Classification: Correctional Officer/Youth Correctional Officer Issue: Suitability; hard drug use within ten years. ACTION: DENIED (3) CASE NO. 07-5774N Classification: Correctional Officer Issue: Suitability; failure to disclose pertinent information. ACTION: GRANTED (4) CASE NO. 07-6519N Classification: Correctional Officer/Youth Correctional Officer/Youth Correctional Counselor Issue: Suitability; omitting pertinent information and negative law enforcement contact. ACTION: DENIED (5) CASE NO. 07-5346N Classification: Correctional Officer Issue: Suitability; negative driving record history. ACTION: DENIED Page 7
Attachment 11 (6) CASE NO. 07-6233N Classification: Correctional Officer Issue: Suitability; omitting pertinent information. ACTION: DENIED (7) CASE NO. 07-4353N Classification: Correctional Officer Issue: Suitability; negative employment record. ACTION: DENIED (8) CASE NO. 08-5000N Classification: Correctional Officer/Youth Correctional Officer Issue: Suitability. ACTION: DENIED (9) CASE NO. 07-4037N Classification: Youth Correctional Officer Issue: Suitability; gang association-gang tattoos. ACTION: DENIED (10) CASE NO. 07-3947N Classification: Correctional Officer Issue: Suitability; omitting pertinent information. ACTION: DENIED (11) CASE NO. 07-4913N Classification: Environmental Planner Department: California Department of Transportation Issue: Suitability; does not meet the minimum experience qualifications. ACTION: GRANTED (12) CASE NO. 08-3508N Classification: Correctional Officer/Youth Correctional Officer Issue: Suitability; omitting pertinent information. ACTION: DENIED (13) CASE NO. 08-0409N Classification: Correctional Officer Issue: Suitability; ongoing relationship with an inmate. ACTION: DENIED Page 8
Attachment 11 (14) CASE NO. 08-1316N Classification: Correctional Officer/Youth Correctional Officer Issue: Suitability; negative driving history. ACTION: GRANTED (15) CASE NO. 09-0127N Classification: Correctional Officer Issue: Suitability; termination from peace officer employment within three years. ACTION: DENIED (16) CASE NO. 07-5314N Classification: Public Safety Dispatcher II Department: California Highway Patrol Issue: Suitability; judgment and integrity. ACTION: DENIED (17) CASE NO. 08-2474N Classification: Correctional Officer Issue: Suitability; fraud. ACTION: DENIED (18) CASE NO. 08-4131N Classification: Correctional Officer/Youth Correctional Officer Issue: Suitability; omitted pertinent information. ACTION: GRANTED (19) CASE NO. 08-5303N Classification: Parole Agent III Issue: Suitability; omitted pertinent information, drug use. ACTION: DENIED (20) CASE NO. 09-0368N Classification: Correctional Officer Issue: Suitability; illegal prescription drug use. ACTION: GRANTED Page 9
Attachment 11 H. MEDICAL AND PSYCHOLOGICAL SCREENING APPEALS (1) CASE NO. 08-1646N Classification: Correctional Officer ACTION: DENIED (2) CASE NO. 08-0922N Classification: Cadet, CHP Department: California Highway Patrol ACTION: DENIED (3) CASE NO. 07-4980N Classification: Correctional Officer ACTION: DENIED (4) CASE NO. 08-3573N Classification: State Park Ranger, Cadet Department: California Department of Parks and Recreation ACTION: DENIED (5) CASE NO. 08-0172N Classification: Correctional Officer ACTION: DENIED (6) CASE NO. 07-4911N Classification: Correctional Officer ACTION: DENIED (7) CASE NO. 08-2118N Classification: Cadet, CHP Department: California Highway Patrol ACTION: DENIED (8) CASE NO. 08-0239N Classification: Correctional Officer (9) CASE NO. 08-1431N Classification: Correctional Officer ACTION: DENIED Page 10
I. PROPOSED RECOMMENDATIONS AFTER BOARD REMAND NONE J. REQUESTS TO FILE CHARGES CASES NONE Attachment 11 K. EXAMINATION APPEALS, MINIMUM QUALIFICATIONS, MERIT ISSUE COMPLAINTS NONE L. RULE 211 APPEALS, RULE 212 OUT OF CLASS APPEALS, VOIDED APPOINTMENT APPEALS NONE Page 11
Summary Minutes June 9, 2009 I hereby certify that the State Personnel Board made and adopted the preceding resolution at its meeting held on July 7, 2009. VOTE: Sheehan, Costigan, Tom, Clarey Aye /s/ SUZANNE M. AMBROSE Suzanne M. Ambrose Executive Officer California State Personnel Board