Advisory Council of Classified Employees
MINUTES of September 23, 2004
Marshall University Graduate College
ATTENDANCE
Members present:
Members Absent:
Guests:
Chair Neal called the meeting to order at 10:05 a.m. having established a quorum.
A short presentation was given by James Morris from WVU regarding the Mountaineer Temp Services at West Virginia University. Paul Martinelli had requested Morris to address the ACCE with general information on the service, and to respond to information Chancellor Mullen had provided ACCE at their July meeting. Morris reported that the Mountaineer Temp Services began at WVU in 1996. WVU claims to save over $1,000,000 per year, based on the same number of temps used, by saving on the markup costs associated with agencies like ManPower, Kelly Services, etc. All hiring of temps, casual, and seasonal workers are processed through the HR department at WVU. WVU does not permit hiring managers to go outside of Mountaineer Temp Services to hire temporary help.
Mr. Morris noted that there are approximately 3,200 employees at all campuses of WVU. He stated that WVU averages 225-250 temporary employees at one time. Peak times are usually April-September. November -- February are typically the slowest months for temporary help needs. The Service received approximately 850 job requests per year and fill 650-700 jobs. Reasons for not filling all 850 included a) just not able to find people citing Morgantown as having one of the lowest unemployment rates in the nation, and b) a different or specialized skills set is needed for a position, and c) requesting department cancels their request for temporary help.
Mr. Morris went on to state that for the calendar years, 2002 and 2003, numbers have remained steady. The enrollment increase WVU has realized has not affected the temporary staff numbers.
Mr. Morris assured the ACCE that WVU is not using temporary positions in place of permanent positions even though there has been tremendous pressure for the institution (as all institutions) to reduce costs. Morris did concede that many times the same temps are hired back as many as three times but the hiring manager is notified that this would suggest the need to hire a full-time person. Ms. Pitzer noted that this would allow a person to accumulate up to twenty-seven (27) months of "directly related experience" in a position and almost surely guarantee the person to be hired once the position was posted, since it would be unlikely that any internal candidate would have 27 months experience doing that particular job. Mr. Morris agreed that many temps are later hired in full-time positions. He stated that Mountaineer Temp employees are treated as external candidates at WVU and that he doesn’t feel it is giving an unfair advantage over internal applicants.
Mr. Morris stated that for January-August of this year, the service had 234 employees per month, on average. In response to a question from Ms. Cruise, Morris said that temporary employees receive the same entry rate of pay as WVU classified positions would and that temporary employees would also get the same increase at the same time other classified employees might get a raise. Ms. Cruise asked if their salary would be pro-rated for their 9-month position and he responded that they would receive full salary for the full nine months they worked. (Not pro-rated).
Mr. Morris said there have been some efficiencies gained through centralization of the program. They have more freedom to interview and screen employees than through outside temp agencies and the employee gets paid better because they get paid direct instead of after an agency takes it’s share. At the conclusion of the presentation, Morris stated that WVU would be happy to help other institutions set up similar programs on their campuses.
Chair Neal reported that due to the flooding in the Wheeling area and the absence of the ACCE secretary, the approval of the August Minutes would be tabled until October.
LIAISON REPORT
Ms. Buttrick led a short discussion on the new federal laws on overtime. Stated there is a more liberal interpretation now, but leads to more people being non-exempt. She stated that 188 employees went from exempt to non-exempt in higher ed. Institutions have been told to comply with the current law which became effective in August even though it has been discussed that Congress will take this issue up again at a later date.
Chair Neal presented Ms. Buttrick with three job posting she had pulled from institutional web sites with the title of trades specialist and asked for a quick review. Some discussion followed.
Ms. Buttrick distributed Series 8. Jean Lawson noted that the HEPC staff need to have discussions with legislators regarding a timeline for developing the new personnel rule and determine if the rule can and will be ready for the 2005 legislative session. Ms. Buttrick stated that she wanted to focus on the issues and not on the writing of the rule. Comments, 7/14/04 were distributed and discussed and the ACCE was informed of what Margaret saw as being "an issue" meaning it differed from the DRAFT she and Bruce Walker had prepared many months ago. Jean Lawson noted that any and all personnel rules are now legislative rules. Chair Neal stated the need for a comprehensive rule that is "all inclusive" to the extent possible. Chair Neal also noted that Chancellor Mullen stated at the ACCE July meeting, that he does not plan to fold in Series 14, 31, 38, 39, 40 and 56 into a new rule. ACCE requested that they all be folded in to the new rule. Chair Neal also noted that she had asked both Chancellors at a meeting for a timeline and was not given one, and then Chancellor Mullen reported to LOCEA that the new rule would go forward for the 2005 session. Ms. Lawson told the ACCE that the leadership and LOCEA in particular, would not tolerate anything less than a good faith effort, ensuring adequate time and access to classified employees in the development of the rule.
In answering a question from Mr. Harbaugh, Margaret responded on the process for development of the rule. According to Buttrick, ACCE would receive a DRAFT, both commissions would approve for an internal 30-day comment period. The comments would be summarized and sent back to both commissions for approval of an official 30-day comment period through the Secretary of State’s Office. They would then final file the rule and file with LOCEA. Then a rules bill would have to be approved in the next legislative session by both houses and whatever committees it had been assigned to. Once passed by the legislature and signed by the Governor, it becomes law (a legislative rule).
BY-LAWS AD HOC COMMITTEE
Chair Neal turned the meeting over to Mr. Long to lead discussion on the revision to the ACCE By-Laws. Several changes were suggested by the ACCE members including:
Article V, Section 3. Strike the second sentence.
Article V, Section 5 (c).
Much discussion about how to fill a Vice Chair or Secretary vacancy. The debate was appointment vs. election of the officer.
A motion was made by Mr. Britton (2nd by Neuman) to fill the vacancy at the next regularly scheduled meeting of the ACCE.
Motion was withdrawn after considerable discussion.
A Motion was then made by Ms. Igo (2nd by Shaffer), that a vacancy of a Vice Chair or Secretary be filled by appointment of the Chairperson until such time an election can be held.
Motion passed with Pitzer voting against the motion.
Article V, Section (d).
Ms. Cruise made a Motion (2nd by Higginbotham) to state the Chair of the ACCE shall communicate a vacancy to the Chairperson of the local staff council and to the President of the institution where the vacancy exists. Also to delete the first sentence of section d.
Motion passed.
More Article V discussion took place and resulted in a
Motion from Barfield (2nd by Higginbotham) to remove all references to "highest ranking officer" except in the section dealing with a vacancy of the chair.
Motion approved.
The ACCE then took a break for lunch from 1:45 -- 2:15 pm.
The meeting was called back to order by Chair Neal and Mr. Long resumed the discussion on the By-Laws revisions.
Article VIII, Section 3. There was discussion regarding the language "meet in private." Mr. Long
made a
Motion (2nd by Barfield) for the language to remain the same in this section.
Motion approved.
Other discussion took place on the issue of "majority of members present" vs. "majority of membership."
A long discussion followed with regard to implementation of "disciplinary procedures" into the By-Laws. Cruise made a
Motion (2nd by McPhail) to table the issue to give ACCE members time to study the issue further. The
Motion was later withdrawn.
A Motion was then made by Mr. Harbaugh (2nd by McPhail) to reject specific disciplinary action language being written into the By-Laws and that ACCE abide by Robert’s Rules if disciplinary action becomes necessary.
Motion passed.
Other technical changes were made by acclamation of those present. Chair Long reported that he would make the changes and send a clean copy back to the ACCE.
Chair Neal thanked Mr. Long for his hard work and thanked those who served on the ad-hoc committee.
Ms. Neuman approached the group about purchasing a copy of WV Code. She would be able to order through the library at WLSC and if purchased as a group quantity, the price would be just over $30 each. Several members expressed an interest. Since a new book is expected to be out this coming summer, it was agreed we would wait until then and have the discussion again.
Ms. Shaffer asked for ACCE support for treating classified employees as internal candidates in both the 4-year school and administratively linked two-year school of an institution. Exception: reduction in force situations that are covered in state code. Ms Shaffer offered a
Motion (2nd by Harbaugh) stating that ACCE will agree to support the concept of accepting administratively-linked 2-year and 4-year employees as internal candidates for job postings/vacancies. She also requested this issue be addressed in the Series 8 revisions.
Motion passed.
Chair Neal announced that she has been advised that the ACCE annual presentation to the HEPC and CTCC will take place on October 14 at WVSU. She will know more after the conference call next week to approve the agenda for a possible joint meeting.
Chair Neal collected video, pictures and CD’s and disks brought in by ACCE members for use in the presentation. After considerable discussion, it was agreed that ACCE would focus our efforts in the presentation on educating the two Councils on who classified employees are, and discuss areas that are in their control and not so much our legislative agenda.
It was agreed we should talk about:
Other issues discussed were considered more appropriate for the ACCE legislative agenda. ACCE agreed to allow the Executive Committee to prioritize the issues discussed and begin working on items for inclusion in the legislative brochure.
A Motion was made by Harbaugh (2nd by Lucht) that language not be included this year, from the last legislative brochure with regard to support for the ACCE person and the BOG representative being the same person. There was discussion about letting the staff councils choose. Chair Neal noted that the entire classified employees make that decision, not the staff councils.
The Motion passed with Higginbotham and Pitzer voting against the measure.
There was discussion about raises given at the institutions this year. The different approaches taken by institutions was noted. Example given: Shepherd University took out all the unfunded mandates from the total pool of money for raises first, then gave raises from what was left, moving those below the equity step equally with other employees. Marshall took equity step money first, and distributed what was left as a percentage of the difference in where you are and where you should be on the salary schedule.
Martinelli noted that the WVU BOG had met by conference call and agreed to support 18.5% of the difference, effective October 1. The BOG delayed taking any action with regard to funding those not at equity. He said WVU will have 204 employees that will not get a raise because they are at their step. 827 employees are not at entry rate. The raises will cost WVU about $2.6 million. It would take approximately $4.5 million to address both. Martinelli reported that no raises would be given at WVUIT. When questioned by Mr. Cooper, Martinelli reported that no discussion took place at the BOG meeting with regard to WVUIT raises -- it was only reported they there would be no raises.
One ACCE member announced that she was told the President’s legislative agenda asks for more control over personnel and wages. ACCE members were encouraged to have discussions with their presidents to verify.
Ms. Barfield reported that classified employees at WVSOM are at 89.8% of full funding of the salary schedule. It is anticipated they will be fully funded by 2007-2008. They are currently hiring new employees at the zero step.
Representatives from Eastern, WVNET, WLSC and the HEPC office reported no raises to be given as of yet.
Ms. Pitzer reported all employees at Concord will receive a 2% across-the-board increase effective October 1.
Mr. Harbaugh requested that each ACCE member alert his/her staff council and legislative sub-committee about our agenda items and encourage them to be active in promoting the agenda this legislative session with the leadership and with local legislators.
Chair Neal announced that at the end of the meeting, all ACCE members were requested to meet at the flagpole just outside the front door for a few minutes of video to be used in our presentation. She thanked all who brought footage and pictures and encouraged the rest to submit as soon as possible.
Britton moved (2nd by Pitzer) that the meeting be adjourned. Motion passed. The meeting adjourned at 4:35 p.m.
RESPECTFULLY SUBMITTED,
Amy Pitzer
Vice Chair and acting Secretary