MINUTES of December 16, 2004, 10:00 a.m.,
Marshall University Graduate College, South Charleston, WV
ATTENDANCE
Members in attendance:
Members absent:
Guests:
PREVIOUS MINUTES
The minutes of the October 14, 2004 meeting were approved with minor clarifications.
LIAISON REPORT
Outsourcing Report:
The legislative Education Subcommittee A requested additional information and a revised outsourcing report by institutions is now due for the January interim meetings. Mrs. Buttrick reported that some of the information is still coming in from the campuses. Questions being asked include: How much money was spent on outsourcing in FY 04? Who are the vendors? Who is being displaced? It was noted that some outsourced positions do not result in displacement of individuals due to retirements, resignations, reassignments, etc. and some outsourced positions are self sustaining and do not cost the institutions money.
Mrs. Buttrick reported that the outsourcing survey was sent to CFOs and HRs with copies to the presidents. The date the outsourcing began is not included in the survey.
Mrs. Pitzer noted that Research Development Corporations and similar enterprises are not included in the survey. Mrs. Neal noted that some state employees have been moved to the corporations and consequently are being denied promotion or other opportunities.
It was noted that state code prohibits outsourcing if it does not result in saving money. Mrs. Neal raised the issue of using temporary services which is, in essence, outsourcing. Temporary employees are not always processed through HR departments and are not reported as employees. Some "temporary" employees are in the same position for years, in which case the position needs to be recognized as a true classified position.
Turnover Report:
Mrs. Buttrick reported that the staff retention report which will be sent to the Education Subcommittee A will report the change in the total number of employees by category. Concern was expressed that this does not truly reflect "turnover" as requested by Senator Unger, but merely the change in the number of filled positions.
Retirement Issues:
Mrs. Pitzer and Mr. Harbaugh expressed concern that many higher education employees are under the impression that we have the "Rule of 80" for retirement purposes. (That is that an employee can retire with full benefits when their age and years of service add up to 80). Although some other state employees do have this benefit, higher education employees do not. It was suggested that retirement plan providers can be contacted to do individual retirement planning. Mrs. Buttrick noted that the rules are posted on the Consolidated Public Retirement Board’s website (www.wvretirement.com).
A discussion of various insurance and retirement options ensued. Mrs. Buttrick agreed to research the rules for opting out of health care coverage as a state employee as opposed to leaving state employment and then returning.
Policy Compliance Reports:
Mrs. Buttrick reported that the first policy compliance report was compiled based on responses from the institutions. She noted that SWVCTC has done the best job of getting rules and policies properly passed and posted.
Mrs. Neal requested that the reports to the Subcommittee A or LOCEA be posted on the HEPC web site. Mrs. Buttrick agreed that it could be done after they are submitted to the committee. She also noted that many of the statements submitted do not look like policies. She noted that the institutions should be following the procedures outlined in Series 4: the "Rule on Rules."
Series 8 Revision:
Mrs. Buttrick reported that the Series 8 Revision Work Advisory Group has been formed. She distribute a list of members with contact information and a projected work plan/time line. (Attached) The group includes a representative from the WV Division of Personnel and a representative from Workers Compensation. Mr. Britton volunteered to facilitate the creation of a list serve for the Work Advisory Group.
A general meeting has been scheduled for January 6th at MUGC from 10:00 am to 1:00 pm. The purpose of this meeting is to get broad based input from a broad spectrum of constituencies. Those invited to participate includes presidents, CFOs, HRs, Financial Aid Directors, and ACF as well as the ACCE and CSC Chairs.
Mrs. Buttrick assured the Council that old drafts of Series 8 revisions will not be resurrected, but this work group would start with a "clean slate". She also agreed that the group would work in the open and drafts would be posted on the HEPC web site as progress is made.
ACCE BYLAWS
Mr. Long briefly reviewed the revised bylaws as accepted on first reading at the October 2004
meeting.
A motion was made by Mr. Martinelli and seconded by Mr. Hardee to adopt the Bylaws
as e-mailed by Mr. Long to the council members.
The motion carried without opposition by those
present. As required by the existing bylaws, all members were given copies of the proposed
changes and given the opportunity to vote via mail, fax, e-mail, or in person. More than two thirds
of the council having voted in the affirmative,
the bylaws were adopted.
Mrs. Pitzer noted that code contains language making the ACCE not only an advisory group to the HEPC and the CCTCE, but also to the legislature.
A motion was made by Mrs. Pitzer and seconded by Mr. Harbaugh to amend the Bylaws as follows:
The motion carried on first reading without opposition.
Mr. Harbaugh encouraged the Council members to work with their respective CSCs to form legislative relations committees to facilitate communication with their local legislators.
LEAVE POLICIES
The issue of Emergency Leave was discussed in light of recent flooding. Mrs. Neuman raised the question of granting holiday time for employees who are already scheduled to be off on the day a state holiday falls. She noted that §2-2-1d,e,f addresses the issue and states that an employee who is regularly scheduled off on a day when a state holiday falls will be granted the next regular work day off. Mrs. Neal agreed to contact the HEPC legal council for an interpretation.
SERIES 8 REVISITED
In follow-up discussions concerning the upcoming revisions to the personnel rule, in addition to the specific items of concern adopted by the Council at the August 19, 2004 meeting, members of the Council reiterated that areas of particular concern include the need for accountability, noting that there is no enforcement authority and no penalty for non-compliance. It was also noted that past history cannot be ignored, especially the Vaughn ruling which set the foundation for our current classification and compensation system.
It was noted that it takes a strong staff council to carry the message and keep the relevant issues on the table and in front of the legislature.
MEET AND CONFER EXECUTIVE ORDER
A discussion was held concerning Governor Wise’s draft of a proposed executive order authorizing state employees to "meet and confer" regarding employment issues. There has been no new information since the initial announcement. It was noted that the ACCE is already the strongest employee group in the state when it comes to working with the legislature. Pros and cons of the proposed order were discussed, but no formal action taken.
SALARY SCHEDULE
Mr. Hardee presented the argument that if new employees are brought into the system at the entry
level on the salary schedule, then they will in effect be fully funded. Therefore, all classified staff
should be fully funded according to their proper step on the schedule. Mrs. Pitzer noted that
§18B-9-3 requires that the institutions must make "significant progress" toward full funding.
After a brief discussion, a
motion was made by Mr. Long and seconded by Mr. MacPhail to
invite Daniel Frost, Bluefield CSC Chair, to the next ACCE meeting and include him on the agenda.
The motion carried without opposition.
ANNUAL SALARY REPORT
A discussion was held concerning the annual publication of the statewide higher education
comprehensive salary report and the concern that it may no longer be published. Noting that this is
public information, a
motion was made by Mr. Harbaugh and seconded by Mr. Martinelli to have
the ACCE go on record requesting that the annual comprehensive salary report continue being made
public.
The motion carried without opposition.
ANNOUNCEMENTS and CONCERNS
After a brief discussion about the validity and clarity of the report on institutional compliance with
policy development, a
motion was made by Mrs. Pitzer and seconded by Mr. Harbaugh directing the
Chair to send a letter to the Chancellors and the Vice Chancellor for Administration outlining the
ACCE’s issues and concerns relating to the policy reports.
The motion carried without opposition.
A discussion was held concerning the downgrading of positions, including the downgrading of the Financial Aid position at the HEPC office. It was noted that if an action effects classified employees, those employees have a right for input into the decision. It was also noted that major reorganizations require Board of Governors approval.
Mrs. Neal announced that the next legislative interims were scheduled for January 9-11, 2005 at the Capitol. The HEPC’s policy compliance reports are due at these meetings.
Higher Education Day at the Legislature is scheduled for Wednesday, March 16, 2005.
ACCE members present contributed to cover the annual fee for the ACCE web site: www.wvacce.org.
NEXT MEETING
February 2, 2005, Thursday, 10:00 a.m., at the Marshall University Graduate College in South Charleston.
EXECUTIVE SESSION:
Mrs. Pitzer moved to enter executive session for the purpose of discussing issues related to personnel issues. Seconded by Mr. Wycherley. No formal actions were taken as a result of the executive session.
ADJOURNMENT
There being no further business, Mr. Harbaugh made a motion to adjourn, seconded by Mr. Britton. The meeting adjourned at 4:03 p.m.
Respectfully Submitted:
Robert A. "Zac" Wycherley, Secretary
APPROVED: 2 February 2005