Advisory Council of Classified Employees

ATTENDANCE

Members in attendance:

Members excused:

Guests:

PREVIOUS MINUTES

The minutes of the January 15, 2004 meeting were approved with typographical corrections.

Sandy Shriver reported that after the Chancellor’s report to the Council in January, she has had conversations with Senator Prezioso concerning provisions in the Governor’s "flexibility" legislation (SB169 and HB 4035) as it relates to moving all WVNET and HEPC employees to non-classified, will-and-pleasure status. She reported that Senator Prezioso wanted to let all classified employees know that he has not talked with the Chancellor during the past year and that he had no part in developing that language. He affirmed that, although he is not a member of the Education Committee this year, he is still very interested in higher education and the issues that affect classified employees.

LIAISON REPORT

Margaret Buttrick reported on several issues in response to inquires from the Council:

She reported that it was her interpretation that when a classified employee resigns and then returns to the same institution at a later date, he or she should return at the entry rate on the salary schedule unless institutional policy specifically states otherwise. However, total years of service would count in addressing future movements on the salary schedule so, over time, the employee could get back to their proper step on the schedule. All employment with the State counts for placement on the salary schedule, for years of service incremental pay, and for annual leave calculations.

She again stated that all institutions are required by code to have a salary policy approved by their respective governing boards.

Mrs. Buttrick distributed a handout addressing EEO codes as they relate to employee categories. Confusion still exists between federal EEO codes and categories reported to the HEPC in the board reports. Different HR offices interpret the categories differently.

With 2 reps per category on the institutional classified staff councils, some categories are under represented in relation to others. Ken Harbaugh presented an argument for local institutional control of the CSC makeup with at least one representative from each category. Some institutions reported having no problem with the current system.

Mrs. Neal noted that since the Governor’s flexibility legislation was introduced, key legislators are paying increased attention to issues being introduced which would affect classified employees, speculating that it might be possible that they would perceive this as limiting the voice of classified employees at the institutional level.

Mrs. Buttrick reported that the annual salary report has been sent to the campuses with directions to put them in the libraries and the institutional Human Resources offices. She reported that long discussions had taken place at the HEPC office concerning the report and it had been determined that the information in the report is public information and needs to be made available. She speculated that it would be posted on HEPC web page at some point but it was not there yet. Looking at changes in the type of info to be included in the report, new federal and state employee privacy laws may dictate what information can or cannot be included in future salary reports. Mrs. Pitzer noted that state salaries are paid with tax dollars and is public information. She further noted that withholding the information gives the impression that there might be something to hide.

Mr. Harbaugh relayed a question from his institutional staff council asking if the Higher Education Policy Commission, since it’s inception, has initiated any policies for the direct benefit of the State’s higher education classified employees. The answer was "no".

Mrs. Shriver raised a question relating to job postings. Mrs. Buttrick noted that the old code is still in effect and all non-exempt positions must be posted in order to give current employees an opportunity to bid on them. The recall list is still in code giving priority to laid-off workers over new hires. It was Mrs. Buttrick’s recommendation that whenever a position is open the notice should be sent to all persons on the recall list. She also noted that a position can not be filled on a temporary basis for longer than 12 months.

When asked if, given the fact that the BOGs are charged with developing a salary policy, can an institution give raises to individuals without BOG approval? Mrs. Buttrick’s opinion was

LEGISLATIVE UPDATE

Ms. Neal reported that she and Mrs. Pitzer attended the House Education Committee meeting on February 9th at the request of Delegate Mezzatesta to address the House’s version of the Governor’s "flexibility" legislation (HB 4035). The bill was referred to a subcommittee and it is expected to remain there.

She also reported that she, Zac, Paul, and Terry Nebel, WVU Staff Council Chair, attended the public hearings on the House amendment to SB 448 on February 12th. Mrs. Neal spoke in support of those sections of the bill which addresses classified employee issues, specifically, those sections which preserve the seniority rights of classified employees, maintain the salary schedule in code, protect employee benefits, takes the personnel rule back as a legislative rule and which provide staff representation at the State and institutional levels with the ACCE, the Classified Staff Councils, and the Boards of Governors/Advisors and which. The bill has passed out of the House and has been referred to the Senate Education Committee.

Discussion followed concerning the House amendment to SB 448 and several concerns were expressed, especially in relation to institutions with administratively linked community and technical colleges.

Mrs. Neal reported that HB 4287 has passed both the House and the Senate with overwhelming margins and will be sent to the Governor. This is the bill which restores seniority rights to classified employees in relation to the years-of-service increment by deleting last year’s House Education Committee amendment to HB 2224. Mrs. Pitzer cautioned that there is no funding attached to the bill.

SB 657 was introduced in the Senate Education Committee. This bill would make the state four-year colleges branches of WVU or Marshall and would strengthen the Community and Technical College system and would weaken the HEPC.

Also introduced was SB 612 which would give increment pay to faculty. It was estimated that this could cost $2 to $3 million to fund, but no fiscal note was attached.

Paul Martinelli reported that he has been contacted by three gubernatorial candidates, Lloyd Jackson, Joe Manchin and Robin Capehart, requesting to meet and discuss classified staff issues.

Mr. Martinelli also reported on the continuing decrease in the percentage of the State’s general revenue budget which is dedicated to higher education. In the 1996-97 budget, higher education received 15.3% of the general revenue budget and the percentage has been declining ever since with only 9.9% dedicated to higher education in the proposed 2004-05 budget. Meanwhile, a significant portion of higher education’s budget is being tied to lottery funds. He noted that when the legislature stays in Charleston for special sessions the cost is estimated at $42,500.00 per day. A seven day session would cost the taxpayers nearly $300,000.00 which would be enough to fund the removal of the years of service increment cap for classified employees.

CTC AD HOC COMMITTEE

With SB 448 as amended giving increased power and responsibilities to the Community and Technical College Council, and with both the House and the Senate moving toward creating a stronger and more autonomous community college system, the Council Chair appointed an ad hoc committee to address Community and Technical College concerns. The appointments include:

VIDEO TOWN HALL MEETING

Mrs. Neal reported that the videoconferenced Town Hall Meeting, with gubernatorial candidates has been scheduled for Thursday, April 29th, from 2:00 to 4:00 p.m. It will be hosted at Marshall University and all gubernatorial candidates will be invited to participate. Nineteen candidates are currently officially running. All Council members were charged to meet with their institutional IT office to see about setting up links. The videoconference is being cosponsored with the Advisory Council of Faculty and the Advisory Council of Students. Council members were encouraged to get students involved at the campus level. Questions need to be prepared in advance to facilitate the flow of the conference. Timing will be a critical issue depending on how many candidates agree to participate. Dr. Angel has indicated that he will give employees at Marshall release time to attend.

The ACCE Communications Committee was charged with developing a promotional flyer for the Town Hall meeting.

Mr. Martinelli suggested inviting reporters and Mr. Harbaugh suggested inviting local legislators. Mrs. Pitzer volunteered to handle the PR for the event. There will be no charge to the participating institutions from Marshall. It is an ISP connection and should be free. There will also be a live video stream from Marshall so the meeting will be accessible via personal computers.

ANNUAL PLANNING MEETING

The ACCE annual planning meeting will be scheduled in July to facilitate the election of officers as required by code.

Motion by Paul Martinelli and seconded by Barbara Neuman:
The Chair is directed to contact Heritage Farms to schedule the annual planning meeting and election of officers for July 18, 19 & 20 with July 25, 26 & 27 as alternate dates.
Motion carried.

BENEFITS COMMITTEE

Mrs. Neuman issued a request for specific concerns from the Council members. The issue of equalizing the higher education retirement contribution with that of other state employees retirement systems has been discussed but no activity is presently taking place in the legislature. It was noted that the Council needs to address this issue now for next year’s agenda. It should also be addressed at the town meeting videoconference.

COMMUNICATION COMMITTEE

Legislative agenda is being printed. The issues covered in the agenda have already been shared with key legislators in person.

LEGISLATIVE COMMITTEE

Mr. Martinelli further reported on the meetings with legislators during February. He shared a table tracking the percent of the general revenue budget earmarked for higher education during the past several years. He pointed out that in 1994-95, 15.3% of the general revenue budget went to higher education and it has been declining ever since. In the proposed 2004-05 budget, only 9% of the general revenue budget would go to higher education. More of higher education’s funding is now dependent on lottery funds. He expressed a concern for the danger of relying too heavily on the lottery to fund higher education. It was again noted that while the money for higher education is being cut, the number of students being served continues to increase while the k-12 population continues to decline.

HIGHER ED AWARENESS COMMITTEE

Mr. Taylor reported that the Advisory Council of Faculty’s legislative agenda has been received. A bill has been introduced in the Senate (SB 612) to give faculty years-of- service increment pay but no fiscal note has been attached.

POLICY COMMITTEE

No report. Time and energy has been dedicated to tracking and responding to legislative bills. Mr. Hardee initiated a discussion asking Council member’s views on SB 448 as amended by the House. The Council was in support of the sections which directly relate to classified employees. Concern was expressed about the effect of the separation of CTC s from their host institutions. Separating the CTC could be particularly hard on Bluefield State College which has a high percentage of CTC students in relation to their four-year students. Whichever route is taken, there will be many challenges in bringing about the changes necessary. Concern was expressed about the increased paperwork the changes will create such as reassignments and bumping between and among the CTCs and their host institutions and all the necessary agreements, charge backs for services, etc. It was agreed that the bottom line is that the Council will need to work to assure representation for classified employees in whichever system is finally established. Concern was expressed with the apparent lack of support for staff from the chancellor.

It was noted that two institutions, West Liberty State College and the West Virginia School of Osteopathic Medicine will be totally funded by the lottery in the 2004-05 budget.

DISCUSSION

Additional discussion ensued concerning the format of the town meeting. Formatting will depend in large part on the number of participants. It was suggested that Council begin collecting questions which can be compiled in advance.

NEXT MEETING

The next meeting has been scheduled for Saturday, March 13, 2004 at the Capitol. Members attending are asked to meet at the rotunda at 10:00 a.m.

ADJOURNMENT

The meeting adjourned at 12:08 pm.

Respectfully submitted by:

Robert A. "Zac" Wycherley
Secretary

APPROVED: 22 April 2004