California State Personnel Board Meeting Summary Open Minutes February 4, 2016 I. Open Session - Call to Order and Roll Call Lauri Shanahan, Vice-President Patricia Clarey Richard Costigan Maeley Tom II. Information and Discussion Items 1. Report of the Executive Officer Suzanne Ambrose - Nothing to report. 2. Report of the Chief Counsel Alvin Gittisriboongul - Nothing to report. 3. Report on the California Public Employees Retirement System Member Costigan - Mr. Costigan reported that Anne Stausboll, CalPERS CEO, will retire in June 2016. 4. New Business - None 5. Public Comment on Matters Not on the Agenda Allyson Bakboychuk, State Water Resources Control Board, Unit 10; Pierre du Vair, Environmental Economist, California Energy Commission, Unit 10; and Suzanne Gilmore, Scientist, Unit 10. - Ms. Bakboychuk addressed the Board with her concerns and disappointments regarding bargaining. - Mr. dv Vair addressed the Board with his concerns regarding recruitment, retention, and the disparity of pay between scientists and engineers. - Ms. Gilmore addressed the Board with her concerns regarding collective bargaining, retention, and the lack of a geographical pay differential. - Because labor negotiations are not under the Board s purview, they were referred to Katie Hagen, Deputy Director, CalHR, to address their concerns regarding labor. - The Board will look into the issue of recruitment and retention. Page 1 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 III. Hearing 1. 60-day Report by CAL FIRE following Special Investigation on Hiring Processes Ken Pimlott, Director Chief, CAL FIRE - Chief Pimlott provided an update on the procedural changes made to CAL FIRE s hiring practices and outlined the various steps taken to remedy the deficiencies identified in the special investigation. - Chief Pimlott gave an overview of the responsibilities of the new Hiring Review Unit (HRU). The HRU centralizes hiring and will ensure that best practices are followed. - Chief Pimlott described the new tools, processes, and training that were developed to certify that new hires are legitimate. - Finally, Chief Pimlott stated that the new processes and procedures will be enforced to prevent potential problems in the future. IV. Non-Hearing Items set for Hearing Attachment 2 1. California Correctional Health Care Services Proposal to establish a new classification specification, Medical Assistant, for the California Correctional Health Care Services. Persons Participating: Clark Kelso, Receiver, CCHCS Yulanda Mynhier, Director of Admin, CCHCS Cheryl Schutt, Deputy Director, Nursing, CCHCS Rionna Jones, Chair Unit 20 Kimberly Cowart, Chair Unit 17 Sophia Perkins, Chair Unit 4 ACTION: Taken under Submission V. Oral Argument 1. Case No. 14-2008A Persons Participating: Katherine Winder, University Counsel, California State University Brian Young, Labor Relations Representative, CSUEU ACTION: Taken under Submission 2. Case No. 14-1275KRA (closed session) Persons Participating: Susan Garcia, Employee Relations Officer, CDCR Janssen Diaz, Legal Counsel, CCPOA ACTION: Taken under Submission Page 2 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 VI. Closed Session Attachment 1 VII. Reconvene into Open Session Action Items 1. Approval of the Draft Summary Open Minutes Draft Minutes from the January 7, 2016, Board Meeting ACTION: Approved 2. Approval of the Draft Closed Minutes from the January 7, 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 VIII. Adjournment MINUTES CERTIFICATION Page 3 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 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 4 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 On February 4, 2016, 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. 1. MEDICAL ASSISTANT Proposal to establish a new classification specification, Medical Assistant, for the California Correctional Health Care Services. ACTION: Taken under Submission. B. Requests to Abolish Classes that have had No Incumbents for More than Two Years NONE Page 5 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 On February 4, 2016, 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 6 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 On February 4, 2016, 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 NONE Page 7 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 On February 4, 2016, 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, Clarey, Costigan, Tom Aye Evidentiary Cases Attachment 5 A. Administrative Law Judges Proposed Decision after Hearing 1. CASE NOS. 15-0301K AND 15-0321K Classification: Correctional Officer ACTION: The Board adopted the ALJ s Proposed Decision. 2. CASE NO. 14-2135R Classification: Supervising Psychiatric Social Worker ACTION: The Board rejected the ALJ s Proposed Decision and will schedule for hearing. 3. CASE NOS. 14-1726K and 14-1769K Classifications: Staff Service Manager I and II Department: California Commission on Teacher Credentialing ACTION: The Board adopted the ALJ s Proposed Decision. 4. CASE NO. 15-0956 Classification: Teacher ACTION: The Board adopted the ALJ s Proposed Decision. 5. CASE NO. 15-0772 Classification: Parole Agent ACTION: The Board adopted the ALJ s Proposed Decision. 6. CASE NO. 15-0753 Classification: Labor Relations Analyst Department: California Department of Transportation ACTION: The Board adopted the ALJ s Proposed Decision. Page 8 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 7. CASE NO. 15-1458 Classification: Registered Nurse ACTION: The Board adopted the ALJ s Proposed Decision. 8. CASE NO. 15-1273 Classification: Senior Vocational Rehabilitation Counselor Department: California Department of Rehabilitation ACTION: The Board adopted the ALJ s Proposed Decision. 9. CASE NO. 15-0523 Classification: Employment Program Representative Department: California Employment Development Department ACTION: The Board adopted the ALJ s Proposed Decision. 10. CASE NO. 15-1718 Classification: Correctional Lieutenant ACTION: The Board adopted the ALJ s Proposed Decision. 11. CASE NO 14-1315WE Classification: Labor Relations Specialist Department: California Prison Industry Authority ACTION: The Board adopted the ALJ s Proposed Decision. B. Petitions for Rehearing 1. CASE NO. 15-0372P Classification: Data Processing Manager ACTION: Denied 2. CASE NO. 13-1324P Classification: Licensing Program Analyst Department: California Department of Social Services ACTION: Denied 3. CASE NO. 15-0201P Classification: Correctional Officer ACTION: Denied Page 9 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 4. CASE NO. 14-1587P Classification: Correctional Sergeant ACTION: Granted 5. CASE NOS. 14-0721KP and 14-1277WEKP Classification: Dentist ACTION: Denied C. Pending Board Review 1. CASE NO. 15-0514A Classification: Motor Vehicle Representative Department: California Department of Motor Vehicles 2. CASE NO. 14-2148PA Classification: Correctional Officer 3. CASE NO. 15-0426RA Classification: Correctional Officer 4. Personal Services Contract PSC NO. 14-01, SPB 14-0015(b) Classification: Pest Control Technician 5. CASE NO. 15-0140A Classification: Correctional Officer 6. CASE NO. 14-1231A Classification: Officer Department: California Highway Patrol 7. CASE NOS. 14-1682KA and 14-1766KA Classification: Correctional Lieutenant Page 10 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 D. Oral Arguments 1. CASE NO. 14-2008A Classification: Information Technology Consultant Department: Board of Trustees of the California State University ACTION: Taken under Submission. 2. CASE NO. 14-1275KRA Classification: Correctional Officer ACTION: Taken under Submission. E. Chief Counsel Resolutions 1. CASE NO. 10-4493 Kern County Superior Court Case No. CV274544 5 th Appellate District Court Case No. F069478 Classification: Correctional Sergeant ACTION: The Board issued its Resolution. 2. CASE NO. 10-3809PC Fresno County Superior Court Case No. 12CECG03546 5 th Appellate District Court Case No. F072682 Classification: Correctional Sergeant ACTION: The Board issued its Resolution. F. Pending Board Decisions 1. CASE NO. 14-1779A Classification: Librarian ACTION: The Board issued its Decision. 2. CASE NO 14-1139PA Classification: Correctional Officer Page 11 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 3. Personal Services Contract PSC 15-01, SPB 15-0018(b) Classification: Legal Services Department: State Compensation Insurance Fund Non-Evidentiary Cases G. Withhold from Certification Appeals 1. CASE NO. 15-0837N Classification: Associate Information Systems Analyst Department: California Department of Child Support Services ACTION: Denied 2. CASE NO. 15-1466N Classification: Associate Governmental Program Analyst Department: California Department of State Hospitals ACTION: Denied 3. CASE NO. 15-1387N Classifications: Correctional Officer ACTION: Denied 4. CASE NO. 15-1340N Classification: Tax Technician Department: California Franchise Tax Board ACTION: Denied 5. CASE NO. 15-1374N Classification: Correctional Counselor ACTION: Denied 6. CASE NOS. 15-1188NK, 15-1189NK, and 15-1191NK Classifications: Assistant Information Systems Analyst, Associate Information Systems Analyst, and Staff Information Systems Analyst ACTION: Granted in part and Denied in part. Page 12 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 7. CASE NO. 15-1190NK Classification: Associate Programmer Analyst ACTION: Denied 8. CASE NO. 15-1260N Classification: Correctional Counselor ACTION: The Board will issue a Resolution remanding the case to staff for further consideration. 9. CASE NO. 15-0895N Classification: Correctional Officer ACTION: Denied 10. CASE NO. 15-1998N Classification: Correctional Officer ACTION: Denied 11. CASE NO. 15-1462N Classification: Correctional Officer ACTION: Withdrawn from consideration by the Appellant. 12. CASE NO. 15-2004N Classification: Correctional Officer ACTION: The Board will issue a Resolution remanding the case to staff for further consideration. 13. CASE NO. 15-1030N Classification: Tax Technician Department: Franchise Tax Board ACTION: Denied 14. CASE NO. 15-1109N Classification: Correctional Officer ACTION: Granted Page 13 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 H. Medical and Psychological Screening Appeals 1. CASE NO. 15-1173N Classification: Agent Department: California Department of Human Resources/Psychological Screening Program ACTION: Denied 2. CASE NO. 15-1572N Classification: Agent Department: California Department of Human Resources/Psychological Screening Program ACTION: Denied 3. CASE NO. 15-1108N Classification: Agent Department: California Department of Human Resources/Psychological Screening Program ACTION: Granted I. Proposed Recommendations after Board Remand NONE J. Request to File Charges Cases 1. CASE NO. 15-1065N Classification: Deputy Attorney General Department: California Department of Justice ACTION: Denied in part and Granted in part. 2. CASE NOS. 15-1347NK, 15-1348NK and 15-1349NK Classification: Fire Captain Department: California Department of Forestry and Fire Protection ACTION: Denied K. Examination Appeals, Minimum Qualifications, Merit Issue Complaints 1. CASE NO. 15-1048N Classification: Materials and Stores Supervisor Department: California Department of Veterans Affairs ACTION: Granted in part and Denied in part. Page 14 of 15
California State Personnel Board Meeting Summary Open Minutes February 4, 2016 2. CASE NO. 15-0733N Classification: Mate Department: California Department of Fish and Wildlife ACTION: Granted L. Section 211 Appeals, Section 212 Out of Class Appeals, Voided Appointment Appeals NONE Page 15 of 15
Summary Open Minutes California State Personnel Board Meeting February 4, 2016 I hereby certify that the State Personnel Board made and adopted the preceding resolution at its meeting held on March 3, 2016. VOTE: Burton, Clarey, Costigan, Shanahan, Tom Aye /s/ SUZANNE M. AMBROSE SUZANNE M. AMBROSE, Executive Officer California State Personnel Board