ADVISORY COUNCIL OF CLASSIFIED EMPLOYEES

Minutes of Meeting

March 14, 2002

Southern West Virginia Community and Technical College

Logan, West Virginia

The Advisory Council of Classified Employees met at 12:55 p.m., Thursday, March 14, 2002 in Room 116 at Southern West Virginia Community and Technical College, Logan, WV.

MEMBERS IN ATTENDANCE:

MEMBERS ABSENT

GUESTS:

Dixie Martinelli, WVU Classified Employee.

The Chair, Ms. Pitzer, called the meeting to order. ACCE members introduced themselves to Ms. Martinelli.

Wrap-Up of the Legislative Session:SB115-Senator Plymale made an amendment from the floor to add Section 18B-9-5(a) of state code. The President of the Senate ruled that the amendment was not germane. The bill was approved so state employees, with the exception of classified employees, will have the annual increment cap removed. Mr. Martinelli asked Ms. Pitzer to explain the concept of "double dipping." Ms. Pitzer indicated some of the legislative members believe that because classified employees have a salary schedule based on years of service, that also receiving an annual increment based on years of service is "double-dipping." Classified employees had the support of the Senate but not the House. The Chancellor indicated in a previous ACCE meeting that it would cost approximately $300,000 to fund the removal of the annual increment cap for state funded classified employees. $500,000 would have included all classified employees, both state and auxiliary funded. Non-classified employees are covered under Chapter 5, not specifically by name, but rather by a lack of being named. Unfortunately, neither the HEPC nor the institutional Presidents seemed to support classified employees in this effort. Mr. Martinelli suggested that in meeting with the Governor and Keith Burdette next week this issue should be addressed. An additional problem exists in that it appears higher education has lost the equivalent of 1.5% of its base budget.

At the February 14, 2002 ACCE meeting, a motion was made that a resolution be presented to Senator Jackson in appreciation of his efforts on behalf of classified employees. Ms. Pitzer, Ms. Fertig and Ms. Neal, on behalf of the ACCE, made the following presentation March 9, 2002:

Whereas, he has served as a West Virginia Senator representing District 7 and serving Lincoln, Logan, Boone and a portion of Wayne Counties; and

Whereas, Senator Jackson has served as Vice Chair and as Chair of the Judiciary Committee in the Senate; and

Whereas, Senator Jackson most recently served as Chair of the Senate Education Committee, Chair of the Finance Subcommittee on Education Funding, a member of the Southern Regional Education Board and as the Steering Committee Member for West Virginia on the Education Commission of the States; and

Whereas, Senator Jackson's tenure has resulted in many significant pieces of legislation including higher education reform, scholarships and funding; and

Whereas, Senator Jackson has developed a special friendship with higher education' classified employees over the years; and

Whereas, Classified Employees admire, respect and appreciate the dedication, understanding, and vision Senator Jackson has demonstrated through the legislation he has authored;

Now, Therefore let it be resolved, the Advisory Council of Classified Employees, are saddened by the departure of Senator Jackson, and wish him the very best in his new endeavors. We very much appreciate the open door, the open mind, and the opportunity to be heard. We say "thank you" to one of higher education's best friends in the legislature.

Senator Jackson was most appreciative of the resolution. Higher education is truly loosing one of its best friends.

In other legislative matters, Senator Facemyer made every effort to push through SJR3, which would have provided higher education faculty with the right to serve in the legislature. It was her understanding that a constitutional amendment was not necessary for this to occur. The resolution did not pass.

While the legislative web site was very helpful during the legislative session, it was not updated in a timely fashion the final two or three days of the session which made it difficult to track the status of bills.

PEIAS Proposal Concerning Spousal Coverage Changes: Ms. Pitzer presented a draft of a letter to PEIA Director Tom Susman that she prepared on behalf of the ACCE expressing concerns with the proposed change in insurance coverage for spouses of PEIA members under consideration. With no suggested substantive changes to the letter being offered, the letter was approved. Mr. Grimm suggested that the ACCE should also ask the Advisory Council of Faculty to make comments. A classified staff employee at Concord College wrote voicing his concerns and received a response back from Tom Susman, PEIA Directora copy of which was distributed for the ACCE to review. The final draft rule should be available on PEIAs web-site www.wvpeia.com in the near future.

Liaison Report: Ms. Buttrick joined the ACCE via conference call at 2:07 p.m. An updated ACCE membership list will be distributed at the April 2002 ACCE meeting. An update on the 2002 Legislative Session included the following Higher Education (and related) Bills/Resolutions, which were passed:

SB 100	Budget Bill
SB 115	Elimination of the 20 year cap on the annual increment. This bill does not provide removal of the cap for classified employees. Ms. Buttrick suggested classified employees might want to consider having the language concerning the annual increment for classified employees moved from Chapter 18B-9-5 of state code to Chapter 5 for future annual increment purposes.
SB 207	Distinguished professor and eminent scholar funds to be administered by the IBOGs; temporary coordination between PROMISE awards and Grant Program awards.
SB 217	Credit cards for college students.
SB 237	Removes requirements that agencies inform the Legislature when applying for, receiving and expending federal funds.
SB 438	Selective service registration requirements.
SB 532	PROMISE rule.
SB 533	Report card and performance rule.
SB 534	Adult part-time student rule.
SB 543	Special license plates; includes colleges and universities.
SB 584	Allows for payment of certain claims against the state.
SB 639	Gender-based pay equity.
SB 667	Related to certain actions filed against the state.
SB 709	Relates to Health Sciences scholarship program.
HB 2374	Restricts use of student social security numbers.
HB 3034	Spending units to submit receiving reports for commodities to auditor.
HB 4005	Provides a consumer sales and service tax exemption for property and services used in research and development.
HB 4012	Pay cycle in arrears.
HB 4083	Workforce Investment Act
HB 4319	Process for improving education commission.
HB 4322	Transfers property to corporations for research and development.
HB 4362	Credit for tutoring, mentoring, counseling; revised Research Challenge Fund.
HB 4370	Prohibits anatomical gift revocation.
HB 4409	Claims (includes WVU Hospitals Inc.)
HB 4534	Establishes a Financial Aid Coordinating Council.
HB 4579	Allows any person that retires from the Teachers Retirement System from the effective date of this act till December 31, 2002, to be hired by a state institution of higher education without loss of retirement benefits.
HB 4661	Concerns financial aid to students who attend private school.
HCR 53	Study on technical and adult education services.

There was much discussion concerning SB 115. Mr. Martinelli asked Ms. Buttrick what type of a fiscal note was attached to removing the annual increment cap for classified employees. For Higher Education employees the total cost of removing the cap would be $680,100 from all fund sources. Concerning the costs involved in totally removing the annual increment cap for Higher Education employees that are currently paid from State Funds, the amount for Non-Classified Employees is $80,936 and the amount for Classified Employees is $442,414 for a total of $523,350.

The Retirement Feasibility Committee has been revamped. At the recommendation of Ms. Pitzer on behalf of the ACCE, Libby Belcher, a classified employee from Bluefield State College, is now the classified employee representative on the committee. The committee had a meeting by teleconference this past Monday. Ms. Buttrick and Jim Winter will submit suggestions to the Chancellor for his review. Ms. Pitzer questioned what happens after the second phase of the review is completed. Ms. Buttrick indicated that either we will or will not have additional retirement vendors. The goal is to have three to five vendors statewide for offering other retirement options. At that point the decision will rest with the Higher Education Policy Commissionno additional legislative action is required.

Concerning Series 8, the revisions will be worked on and ready for the 2003 Legislative session. The Chancellor has not granted permission for a letter of intent to amend the rule to go out for comment. Ms. Barfield commented that her Human Resources office was not aware that Series 8 is being revised.

Mr. Martinelli asked Ms. Buttrick for clarification of whether or not letters of appointment are binding. She responded that letters of appointment are not binding and should not be perceived as such. Specific language concerning such appointments can be found in Series 8.

Ms. Shriver asked if the updated information concerning the individual campuses salary implementation policies effective October 1, 2001 was available. Ms. Buttrick indicated that it was and that she would fax the information to the ACCE during the meeting at Southern West Virginia Community and Technical College. She indicated that it might be better if the information was requested from each campus as some campuses have indicated the summary information doesnt match what the institutions submitted. She also suggested that ACCE members should review the minutes of the Institutional Board of Governors of each campus to see if what was approved is what the campuses are following.

Approval of Minutes: A motion was made by Mr. Hardee and seconded by Mr. Martinelli that the minutes of the February 14, 2002 ACCE meeting be accepted as presented. The motion was approved.

Governmental Liaison Committee Update: Mr. Martinelli reported that a meeting with the Governor has been scheduled for March 20, 2002 from 11:00 - 11:30 a.m. in the Secretary of States Conference Room. The Governmental Liaison Committee was formed as a result of Governor Wises request in January 2001 and consists of the ACCE Executive Committee and the Chairs of the Legislative and Benefits Committees. A Chair for the Benefits Committee had not been appointed. Mr. Grimm agreed to Chair the committee. Discussion items for the Governors meeting are to include: (a) removal of the annual increment cap for classified employees, (b) how will salary increases occur for fiscal year 2002-2003 considering the fact that the base budget for higher education has been cut during this recent legislative session, (c) communication as to the justification of why classified employees believe Series 8 should be a legislative rule rather than a procedural rule, and (d) PEIA Concerns including the proposed spousal coverage changes, increased monthly premiums to employees and increased co-pays. The Governmental Liaison Committee will meet in the Rotunda Area of the Capitol prior to the meeting with the Governor.

Keith Burdette has agreed to meet with the Governmental Liaison Committee the same day at 1:30 p.m. in the Secretary of States Conference Room. Items for discussion will be the same as with the Governor. All ACCE members were encouraged to attend the meeting with Mr. Burdette.

ACCE List-Serves: Ms. Pitzer addressed the ACCE regarding the importance of the list-serves and how they can be instrumental in promoting teamwork and trust.

Retreat Update: Ms. Carney reported that Stonewall Jackson would not be open until mid-June. The only option available now is cabins rentable by the week. The ACCE agreed with Ms. Carney that this option is not a valid one for July 2002.

Ms. Barfield previously sent everyone via email information concerning retreat options available in Lewisburg. Meeting facilities on the WV School of Osteopathic School campus have been tentatively reserved pending ACCE approval and President Jones would welcome our visit to the campus.

Mr. Martinelli previously sent everyone via email information concerning retreat options available at Snowshoe. He will contact representatives at Snowshoe to see if everyone has to take advantage of the meeting package proposed, if facilities will be open at the top of the mountain and if there are lodging accommodations available for families.

Ms. Pitzer asked everyone to carefully review of the retreat options and to be prepared to vote on a location for our annual retreat at the April 18, 2002 meeting.

HEPC Presentation: Although a date has still not been secured for the ACCEs annual presentation to the WV Higher Education Policy Commission, Ms. Pitzer opened the floor for possible discussion items for inclusion. Those items included Series 8, Salary Implementation Plans and Policies, the Classified Employee Salary Schedule, Staffing Levels, the Annual Increment, and PEIA.

2003 Legislative Session: In anticipation of the re-write of Series 8 and possible legislative changes concerning classified employees, the following issues will be reviewed by selected individuals with a report to come back to the ACCE for review:

• Review and Comparison of Chapters 5 and 18B of WV State Code (Zac Wycherley)
• Compensation Systems of Other States (Valeria Barfield)
• Analysis of Salary Implementation Policies (Sandy Shriver)
• Staffing Levels - SREB & National (Debi Cruse)
• Staffing Levels 1994 - 2002 (Paul Martinelli)

New Business:

Mr. Grimm presented a question concerning the calculation of years of experience for classified employees. Ms. Pitzer indicated that procedures for calculating "years of experience" are provided for in Article 9 of WV State Code.

Announcements: The next ACCE meeting is scheduled to be held at 1:00 p.m. April 18, 2002 at West Virginia University Institute of Technology, Montgomery, WV. Ms. Crist will send campus information to everyone.

Adjournment:The meeting was adjourned at 5:07 p.m.

Respectfully submitted,

STEPHANIE A. NEAL
SECRETARY

AMY PITZER
CHAIR