Advisory Council of Classified Employees

MINUTES of July 25-27, 2004, annual planning meeting and elections.
Heritage Farm Museum and Village, Huntington, WV.

ATTENDANCE

Members in attendance:

Stephanie Neal, Marshall, presiding
Paul Martinelli, WVU
Amy Pitzer, Concord
Sid Cooper, WVU Tech
Zac Wycherley, Northern
Debi Cruse, Potomac
Verne Britton, WVNET
Johnna Beane, WVU Charleston
Barbara Neuman, West Liberty
Bob Long, HEPC
Ken Harbaugh, Shepherd
Fred Hardee, Bluefield
Mary Igo, New River
Chris Gray, Southern
Sandy Shriver, Fairmont
Mary Alltop, Glenville
Monica Shafer, Marshall C&TC
Scott Higginbotham, WVS C&TC

Members excused:

Valeria Barfield, WVSOM
Bob MacPhail, Eastern
Patsy Bee, WVU Parkersburg
Brenda See, WVU-Tech-C&TC
Bill Lucht, Shepherd C&TC
Annette Schorr, Fairmont C&TC

Guests:

Dr. J. Michael Mullen, HEPC Chancellor

NEW MEMBERS

New members Scott Higginbothem, WV State C&TC, Mary Alltop, Glenville, and Monica Shafer, Marshall C&TC were welcomed.

PREVIOUS MINUTES

The minutes of the June 17, 2004 meeting were approved with corrections.

LIAISON REPORT

There was no liaison report this month.

ANNOUNCEMENTS

Stephanie Neal reported that the ACCE Executive Committee met with Chancellors Mullen and Skidmore on June 18th to discuss possible changes in Series 8 (the personnel rule) and a process for addressing the issue. The personnel rule revisions will come under the purview of the new Vice Chancellor for Administration, Dennis Taylor.

Mrs. Neal also reported that Zac Wycherley has been officially appointed to fill one of the vacancies on the Job Evaluation Committee. She also reported that there are no current plans for the JEC to review any job families.

Mrs. Neal noted that on July 22, 2004, the Grievance Board filed a proposal to amend Procedural Rule 156 CSR 1 for a 30 day public comment period which ends August 19th at 9:30 am. Comments must be in writing to the Grievance Board’s Charleston Office. A copy of the proposed changes were distributed and are available at the Grievance Board’s web site.

ORIENTATION OF NEW MEMBERS

In order to help bring new ACCE members up to speed and to help current members reassess their progress and their challenges, the council engaged in a review of major legislation and higher education reorganizations over the past five years. A discussion followed addressing current issues affecting classified staff, concerns with the newly independent Community and Technical Colleges, the ACCE’s relationship with the Community and Technical College Council, and the 2005 legislative session.

Members were assured that they do not need to face problems or challenges alone, that the members of the ACCE are available and willing to help by sharing past experiences, providing code references, suggesting possible solutions, and assisting in whatever way possible via the list serve or personal consultation. The group was reminded that there are more than 5000 classified employees in the WV higher education system and for them to be effective requires involvement, motivation and constant and effective communication.

Possible 2004-05 goals discussed included an increased presence at the legislature, codifying rules for staff training and development, separating staff salary increases from specific legislative allocations (it was expressed that some institutions are experiencing increases in net revenues, but not adequately addressing the staff salary issue claiming that the legislature has not appropriated funds specifically for that purpose), enhancing communication among ACCE members and between the ACCE and the institutional Staff Councils and BOG/BOA representatives, and Series 8 revisions.

THE PERSONNEL RULES

A discussion was held concerning which legislative and procedural rules should be folded into the new Series 8. Series 39 deals with work week and comp time, Series 38 deals with leave, Series 37 (proposed but never adopted) deals with layoffs and reassignments. It was suggested that rules which affect other employees in addition to classified staff such as Series 14: Holidays, Series 40: EEO/AA, and Series 56: Social Justice could be left out of Series 8.

Additional issues not adequately addressed in the rules include: interim positions, contracted employees, grant funded positions, temporary and part-time employees, performance evaluations, staff training and development, and accountability measures.

A discussion was held concerning how the various institutions apply or misapply the current rules. For example it was reported that some institutions reduced exempt employees to less that 37.5 hours then expect them to work beyond their scheduled hours. What is considered "reasonable" hours for an exempt employee to work? How can excessive volume of work be addressed? At what point does a position become a new position rather than an upgrade?

DISCUSSIONS WITH CHANCELLOR MULLEN

Chancellor Mullen joined the Council to discuss issues relevant to classified employees. He reported that the State ended the fiscal year with a surplus, about half of which was distributed at the June special session. Lottery revenues have also increased. Additional revenue has been earmarked for financial aid, including the Promise Scholarship. He noted that lottery funds are used for other state programs in addition to higher education. He also noted that when salary increases are authorized, auxiliary enterprises need to come up with 100% of the increase for their employees.

The Chancellor noted that with the increases in tuition and with enrollment increases, the higher ed system collected about $10 million more than the cut in state revenues. Current indications are that enrollment will continue to increase on most campuses including an increase in out-of state applicants, despite a decline in ACT test takers. Dr. Mullen noted that higher education in West Virginia is still a bargain with tuition increases in contingent states and that higher education is not price sensitive since history shows that enrollment tends to increase as tuition increases. He expressed an opinion that money is available on the campuses to make progress toward funding the salary schedule, it is a question of priorities set at the institutional level.

Dr. Mullen reported that the HEPC and the C&TC should have budget request guidelines ready for their August meetings which should include enhancement packages including salary. He offered the opinion that, although statutes do not require that current employees be brought up to the zero salary step, institutions would be hard pressed to sustain the pressure that would be caused by new employees hired in at the entry level. He noted that a few institutions are in line with funding the salary schedule but many are not. There are also groups of workers who are not included in any statewide reporting such as those hired through the temp service operating at WVU.

The Chancellor noted a few challenges facing higher education including a continuing decline in the number of high school graduates, low retention rates, and cuts in federal appropriations for programs such as the National Science Foundation. Another issue drawing national attention is graduation and completion rates. A new report from the Education Trust is due at the end of September.

Dr. Mullen reported that the compliance audits of the institutions by the central office staff are continuing with the final reports going to the Boards of Governors, the House and Senate Educations Committee Chairs, and the Legislative Oversight Commission for Educational Accountability (LOCEA). When problems are found, the BOGs are asked to respond via appropriate policy action.

Chancellor Mullen suggested that if the salary schedule is to remain in code, it should be reviewed periodically and adjusted for cost of living and inflation and there needs to be a firm commitment to a funding schedule. When asked who’s responsibility it was for giving classified salary increases, Dr. Mullen suggested that the legislature should provide funds for scale adjustments but the institutions have responsibility to fund increases. The legislature has the option to provide additional funds but the institutions, with their increased flexibility, are responsible for raising operating revenues beyond state appropriations.

When a question was raised about the need for host institutions to be held accountable for the quality and value of services provided to components through contract arrangements, the Chancellor suggested that the components should not be expected to pay a high fee for inferior services and should be free to go to other institutions the open marketplace for the best cost for service value. He also asserted that WVNET must be competitive with all the services they provide to the institutions.

While discussing the pros and cons of a bonus or merit system, it was noted that WV higher ed staff produce at a rate above the national average.

When asked about the type of guidance given to governing and advising boards, the Chancellor noted that different boards are at different levels of development and some are just beginning to understand their level of responsibility, but he noted that the annual board training session scheduled for the end of September would have an increased emphasis on practical applications as opposed to theory and philosophy. He also reported that a workshop on the future funding of higher education, co-hosted with the legislature and the Southern Region Education Board has been scheduled for November 9th and 10th.

There was a brief discussion of retirement options and it was noted that higher education employees receive a 3% to 4% lower retirement contribution than other state employees. The early retirement options offered recently at Glenville and WVU where not as successful as it was hoped and would probably not be offered again due to the high cost of the programs.

Concerning the personnel rule, Dr. Mullen suggested that the ACCE executive committee, the two Chancellors, the Vice Chancellor of Administration, and the Central Office Legal Counsel will need to sit down and work through it item by item, but since it is so cumbersome to change legislative rules, the final product should be kept as simple as possible.

Additional challenges noted by the Chancellor included a 25% increase in BRIM payments and a 35% increase in medical malpractice insurance and so risk management is expected to be a major issue for the HEPC. The compliance audits have shown that middle managers have not been properly trained on the campuses in regard to risk management and so the HEPC will be looking at developing a tri-level management training institute. He reported that the Central Office personnel are required to participate in 16 hours of training annually and he suggested that the ACCE move forward a policy recommendation for staff development. It does not need to cost a lot of money but can save a lot in the long run.

Dr. Mullen also discussed the problem of out migration from the state due, in part, to high paying jobs being replaced by relatively low paying jobs. The colleges are making progress in education residents but the good jobs are not available to keep them in WV after they earn their degrees.

BYLAWS

Bob Long reported on the work of the Bylaws Committee and distributed a draft of the proposed revisions. After brief discussion the following motions were offered:

Motion by Ken Harbaugh, seconded by Sandy Shriver:
The draft presented by the Bylaws Committee will be accepted with a two-week comment period. Comments are to be submitted to Bob Long with a revised draft to be submitted for first reading at the August ACCE meeting.
PASSED without opposition.

Motion by Amy Pitzer, seconded by Barbara Neuman:
The ACCE members should look at the proposed disciplinary process language for future discussion.
PASSED with a vote of 16 for and 1 against.
Mr. Long agreed to e-mail all ACCE members a clean copy of the disciplinary process as it was originally drafted in the committee.

COMMUNICATIONS

Verne Britton reported on the progress in updating the ACCE web site. The new site is: www.wvacce.org. All ACCE members were encouraged to send links for their respective staff council sites and to send current relative information for posting to the site.

The 2005 legislative brochure was discussed and it was noted that the brochure will need to be edited to reflect the new changes from colleges to universities and the separate community and technical colleges. It was also agreed that all ACCE reps need to be in constant communication with their staff councils to get as much exchange of ideas and opinions as possible when identifying legislative goals. Members were also encouraged to respond to issues on the listserv as quickly as possible.

Mrs. Neal reported that she had conversations with the two Chancellors and anticipates that the ACCE may be included in the October agendas of the HEPC and the C&TC for the annual presentations.

STATEWIDE MEETING OF CLASSIFIED LEADERSHIP

Discussion continued regarding a statewide meeting of ACCE representatives, BOG/BOA Representatives, and Classified Staff Council Chair. Questions arose about covering expenses but it was noted that staff and BOG/BOA representatives who have attended ACCE meetings in the past have consistently offered very positive feedback, expressing that they were educated by the process. The chair agreed to pursue the possibility and will consider late Fall and early Spring dates.

ADVISORY COUNCIL OF FACULTY

Mrs. Neal reported that she has had discussions with the Chair of the Advisory Council of Faculty (ACF) who expressed interest in forming a closer relationship with the ACCE. Some issues which the ACCE and the ACF might have in common include maintaining adequate levels of state funding for higher education, equalization of retirement benefits, the right to serve in the legislature, and representation on the HEPC and the C&TCC.

The ACCE agreed that the two Councils should work together on issues of common concern with the clear understanding that staff could not support every faculty initiative nor would staff expect faculty to support every staff initiative.

Motion by Verne Britton, seconded by Chris Gray:
The ACCE Executive Committee should meet with the ACF Executive Committee and report back to the full ACCE.
PASSED without opposition.

NEW BUSINESS

Concern was expressed about the contracting of services for community and technical college components from their host institutions, and if the value received was worth the charges. Discussions followed concerning the feasibility of going outside the host institution to contract services at a more competitive rate if warranted. It was agreed that there needs to be a clear distinction between employees of a C&TC component and employees who’s services are being contracted from the host institution.

Discussions were also held concerning staff development and tuition waivers. Members were asked to forward copies of their institutional staff development policies to Mary Alltop at Glenville. Additional discussions ensued regarding the need to get Classified Staff Councils more actively involved in the governance processes.

The debate about funding the zero equity step continued and it was reported that some institutions had classified employees with more than seven years of service who were still not at the zero equity step while other institutions have all employees at the equity step and are on track for full funding of the salary schedule. Without strong direction or accountability from the HEPC or the legislature, the disparity among institutions continues to broaden.

ELECTION OF OFFICERS

Elections for the 2004-05 academic year were conducted by Bob Long with Verne Britton and Scott Higginbotham as tellers. The following officers were nominated from the floor and elected by acclimation:

Chair, Stephanie Neal, Marshall University
Vice Chair, Amy Pitzer, Concord University
Secretary, Robert "Zac" Wycherley, West Virginia Northern Community College

Several members expressed appreciation for the leadership and dedication displayed during the past two years by the Chair.

FUTURE MEETINGS

August 19, 2004Thursday 10:00 a.m. MUGC, South Charleston
September 16, 2004 Thursday 10:00 a.m. location to be determined
October 13, 2004 Wednesday 1:00 p.m. location to be determined
December 2, 2004 Thursday 1:00 p.m. MUGC, South Charleston
February 3, 2005 Thursday 1:00 p.m. location to be determined
March 16, 2005 Wednesday 1:00 p.m. MUGC, South Charleston
April 9, 2005 Saturday 10:00 a.m. the Capitol, Charleston
May 4, 2005 Wednesday 10:00 a.m. location to be determined
June 9, 2005 Thursday 10:00 a.m. location to be determined

ADJOURNMENT

The meetings adjourned Tuesday, 7-27-04 at 12:22 p.m.

Respectfully Submitted:

Robert A. "Zac" Wycherley
Secretary

APPROVED: 19 August 2004