MINUTES of ACCE ANNUAL PLANNING MEETING
July 12 through 14, 2005, 1:00 p.m.
Heritage Farms, Huntington, WV
ATTENDANCE
Members in attendance:
Excused:
Guests:
OPENING SESSION
Welcoming, Introductions and Orientation
Chairperson, Amy Pitzer from Concord University opened the Annual Planning Meeting with a welcome to all members but especially to the new members. Introductions by each member followed. Ms Pitzer distributed a handout, ACCE Orientation 101.
The marghepc@listserv.wvnet.edu is also used for an open exchange of information. After a brief discussion Mr. Kenneth Harbaugh from Shepherd University, introduced
a motion to include Mr. Dennis Taylor, Vice Chancellor for Administration (HEPC) to this listserv. Ms Sandy Shriver from Fairmont State University seconded the motion.
MOTION UNANIMOUSLY APPROVED
A discussion ensued about the possibility of adding the BOG/BOA representatives and Classified Staff Council Chairpersons to the listserv. All agreed that open and frequent communication among classified staff leadership should occur. ACCE representatives were strongly encouraged to work closely with the leadership on their respective campuses.
Mr. Harbaugh suggested that future leadership conferences could be scheduled during those years in which elections of ACCE representatives take place. Following a lengthy discussion, members were directed to notify their Staff Councils and BOG/BOA representatives of the issue and seek feedback on the issue. Scheduling of the next conference was tabled until the next meeting.
A discussion was also held on the issue of travel costs for the Leadership Conference. It was noted that statute permits travel expenses that are incurred by BOG/BOA and ACCE representatives to be covered. However, Classified Staff Council members are not covered by code and thus would need to seek funds from their institutions to cover the costs. Differences exist from campus to campus on the way travel for Classified Staff Council members are covered. Some institutions pay through the ACCE budget and some from staff development funds. One campus required the Staff Council Chairperson to use personal leave to attend the conference. It was noted that code requires each institution to have a staff development policy.
Ms Barbara Neuman from West Liberty State College emphasized the importance of communicating with the institution’s BOG. It was also emphasized that ACCE representatives should regularly attend IBOG meetings.
Based on a recent request of a non ACCE representative to attend an ACCE meeting, the issue was presented to the group for discussion. It was noted that ACCE meetings are open to the public based on the "sunshine law." Classified Staff Council chairs and other representatives are welcome to attend but are prohibited from addressing the group unless permission is granted by the ACCE Chairperson.
A proxy form will be placed on the ACCE website so that the ACCE representative can designate a person to vote on all issues except elections as specified in code.
Mr. Harbaugh shared with the group that Shepherd University has established a priority list of proxy candidates and those individuals seem to become more interested and better informed.
Mr. Robert "Bob" Long from HEPC stated that ACCE has encouraged the presence of Classified Staff Council members, staff, students and others from an institution that is hosting an ACCE meeting.
SESSION ON PROPOSED AMENDMENT TO BY-LAWS
Mr. Long, Chair of the By-Laws Committee, provided the members with a chronological sequence of events leading to the ratification of the By-Laws by the membership at the December 2004 ACCE meeting. Subsequent to the ratification, a proposed amendment was introduced and approved by the members at that meeting. However, the approved amendment was never ratified by the full membership of ACCE as outlined in the By-Laws. Thus, action is needed to formally ratify the approved amendment.
Ms Johnna Beane from WVU Robert C. Byrd Health Sciences Center/Charleston Division made
a motion
that this meeting serves as the official meeting in order to notify ACCE members of the proposed amendment change and to notify all members via the ACCE listserv of the need to vote by e-mail, fax, paper ballot, etc. Ms Pitzer amended the motion to read as follows: that this meeting serves as the initial step in the official notification process to ACCE members of the proposed amendment change and that Article XI, Section 1. be adhered to.
Mr. Timothy Beardsley from WVU at Parkersburg seconded the motion by Ms Pitzer to accept the revised wording: that this meeting serves as the
initial step in the official notification process to ACCE members of the
proposed amendment change and that Article XI, Section 1. be adhered to.
MOTION UNANIMOUSLY APPROVED
Mr. Sid Cooper from WVU Institute of Technology made
a subsequent motion to incorporate phase-Commission, Council and to members of the legislative and executive branches of state government throughout the document where appropriate and that both proposed amendment changes be included in the same notification to ACCE members. Mr. Beardsley seconded the motion.
MOTION UNANIMOUSLY APPROVED
Following are the proposed By-Law changes by section:
PREAMBLE SECTION
The Advisory Council of Classified Employees (hereinafter referred to as the ACCE) to the West Virginia Higher Education Policy Commission (hereinafter referred to as the COMMISSION) and to the West Virginia Council for Community and Technical College Education (hereinafter referred to as the COUNCIL) was created to provide classified employees a means of conveying their concerns and recommendations on employee-employer relations to the COMMISSION, COUNCIL and to members of the legislative and executive branches of state government.
ARTICLE III PURPOSE (b), (c) and (f)
(b) to participate in such policy matters of the COMMISSION, COUNCIL, legislative and executive branches of state government that affect classified employees.
(c) to provide an avenue of information exchange concerning problems of mutual concern to the classified employees and to the COMMISSION, COUNCIL, legislative and executive branches of state government.
(c) was omitted from draft minutes
(f) to act in an advisory capacity to the COMMISSION, COUNCIL, legislative and executive branches of state government.
ARTICLE VI DUTIES OF OFFICERS SECTION 1 AND SECTION 2
Change 1(b), 1(f) 1(g) and add new (h)
(b) attend meetings of the COMMISSION and of the COUNCIL as well as meetings of the legislative and executive branches of state government as deemed necessary,
(f) delete and after dictates move to end of (g)
(g) add and after 18B-6-5(g), and
(h) add new (h) initiate an annual meeting with the legislative and executive branches of state government.
Section 2. (b)
(b) attend meetings of the COMMISSION and of the Council as well as meetings of the legislative and executive branches of state government as deemed necessary in the absence of or as directed by the Chairperson,
WVU BOG SEEKING DECLARATORY JUDGMENT WITH REGARD TO FUNDING THE "ZERO STEP."
Ms Pitzer reported on the status of the "zero step" and the recent lawsuit filed by WVU. A lengthy discussion ensued relative to the issue and the short and long term implication of potential outcomes.
Wednesday July 13, 2005
Ms Pitzer reconvened the meeting at 9:08 am. She distributed an inspirational piece to illustrate the important role that individual ACCE members can play for the benefit of classified employees at their respective institutions.
LEGISLATIVE AGENDA/BROCHURE
Ms Laura McCullough from West Virginia State University distributed several copies of a draft brochure for the ACCE that she has been designing. She requested ideas on content from the membership. She also advised the members of a request for leave reports by administrators on her campus for the purpose of checking accrual balances of employees. Ms Beane reported employees at her institution had expressed concern over the 15 year cap with market level being at Step 7 or 8.
Another discussion issue was the necessity of an appropriate evaluation system for employees, should merit raises occur. One suggestion was an annual review of the PIQ’s with employees and new signatures obtained annually.
Potential Legislative Items for the 2006 Session
Annual Meeting with HEPC and CCTCE
It was reported that the annual meeting of the HEPC and CCTCE is tentatively scheduled for October 7, 2005 and that ACCE needs to seek their support for our most critical issues.
Meeting with Governor and LOCEA
Mr. Long, Chair of the By-Laws Committee, presented a further change to the By-Laws under Article VI, Section 1.(b) and Section 2.(b) by adding the following: as well as meetings of the legislative and executive branches of state government as deemed necessary.
Ms Beane suggested additional changes to Article III (b), (c) and (f) and a new part (h) for Article VI, Section 1.
REVIEW ALL BY-LAW CHANGES UNDER SESSION ON PROPOSED AMENDMENT TO BY-LAWS ABOVE
At legislative interims subsequent to Classified Leadership Conference, Ms Pitzer asked Ms Jean Lawson about earlier points of reference relative to legislative issues affecting classified employees. Ms Lawson provided Ms Pitzer with some information that she plans to incorporate into a document that includes the essential provisions of recent legislation.
It was pointed out that forces exist with the goal of eliminating the salary schedule from code and the years of service withdrawn within 3 years (the timeline for the personnel studies). ACCE needs to begin exploring an acceptable alternative should such action occur.
SESSION WITH MS MARGARET BUTTRICK, HUMAN RESOURCES ADMINISTRATOR OF HEPC
Session was not held due to the absence of Ms Buttrick who was ill.
SESSION WITH MR DENNIS TAYLOR, VICE CHANCELLOR FOR ADMINISTRATION (HEPC)
Mr. Taylor asked the group about their interest in better understanding administrative law, due process and rule making as it affects classified employees. The members expressed interest in such information. He proceeded to present a descriptive overview of the issues. Handouts of the presentation were distributed to members.
Three Primary Areas
Under Rulemaking and Classified Employees he elaborated on expansion of federal law to permit Administrative agencies to create rules and regulations as well as enforcement capabilities (example HEPC can establish rules and regulations). The three main types of rules are procedural, interpretative and legislative. Guidelines issued by HEPC are interpretive and procedural rules. Senate Bill 603 (flexibility legislation) incorporates the Administrative Procedures Act WV Code 29A-1-2 (rule making process) in it. It addresses the need for notices to be issued, opportunities for input and meetings to be open to the public.
Under Adjudication and Classified Employees he mentioned the ability of employees to file grievances and be granted due process.
Mr. Taylor highlighted the recent suit by WVU over the "zero step" WVU resorted to the courts (judicial review) to challenge the rule.
Scenarios of WVU lawsuit
Broader issue-no Series 8 statewide rule. HEPC outside of classification and compensation system
HEPC received lawsuit from court on Thursday, July 7, 2005. HEPC has 20 days to reply. Briefing schedule will be established. Summary judgments from both sides. Issue could end up in state Supreme Court. Permission for third party participation (ex ACCE amicus-friend of the court) must be approved by the court.
Mr. Taylor, utilizing his legal background, provided point-counterpoint debate for the group.
On to Series 8 Personnel Administration he reported that a progress report is due in October on four topics.
Ms Neuman committed her institution to assessing the needed changes to section 133-8-10 of Series 8.
ELECTION OF ACCE OFFICERS
Ms Buttrick was scheduled to preside over the election of officers. Unfortunately, illness prevented her appearance at the retreat. Mr. Taylor, Vice Chancellor for Administration, agreed to handle the nomination process.
Ms Pitzer, Chairperson appointed Mr. Sid Cooper from WVU Institute of Technology to serve as teller from the COMMISSION members and Ms. Monica Shafer from Marshall University Community and Technical College to serve as teller from the COUNCIL members per requirements of the By-Laws.
Mr. Taylor opened the floor for nominations for Chairperson.
Ms Neuman nominated Ms Amy Pitzer. Mr. Harbaugh seconded the nomination. Mr. Harbaugh
made motion to close the nominations for Chairperson. Ms Mary Alltop from Glenville State College seconded the motion to close the nominations for Chairperson.
MOTION UNANIMOUSLY APPROVED
Mr. Harbaugh
made motion to approve Ms Pitzer for Chairperson. Mr. Cooper seconded the motion.
MOTION UNANIMOUSLY APPROVED
Mr. Taylor opened the floor for nominations for Vice-Chairperson.
Mr. Harbaugh nominated Robert "Zac" Wycherley from West Virginia Northern Community College for Vice-Chairperson. Ms Alltop seconded the nomination. Ms Alltop
made motion to close the nominations for Vice-Chairperson. Ms Neuman seconded the motion to close the nominations for Vice-Chairperson.
MOTION UNANIMOUSLY APPROVED
Mr. Mike Dunn from Marshall University
made motion to approve Mr. Wycherley for Vice-Chairperson. Ms McCullough seconded the motion.
MOTION UNANIMOUSLY APPROVED
Mr. Taylor opened floor for nominations for Secretary. Ms Neuman nominated Robert Long for Secretary. Ms Alltop seconded the
nomination. Mr. "Chris" Gray
made motion to close nominations for Secretary. Mr. Harbaugh seconded the motion to close nominations for Secretary.
MOTION UNANIMOUSLY APPROVED
Mr. Martinelli
made motion to approve Mr. Long for Secretary. Ms Alltop seconded motion.
MOTION UNANIMOUSLY APPROVED
Thursday July 14, 2005
Ms Pitzer reconvened the meeting at 9:40 am.
APPROVAL OF MINUTES OF MAY ACCE MEETING
Ms Pitzer distributed copies of the minutes of the May 14, 2005 ACCE meeting which was held at the facilities of West Virginia Network for Educational Telecommuting (WVNET) in Morgantown.
Ms Pitzer addressed a need for wording changes to page 4 paragraph 3 second sentence that read
Suggested revision to
Ms Neuman
made motion to approve the minutes with the revised wording to the second sentence on page 4 paragraph three. Ms Shriver seconded the motion.
MOTION UNANIMOUSLY APPROVED
NEW BUSINESS
WV-AFT POSITION ON WVU LAWSUIT
A question was raised as to the position of WV-AFT on the WVU lawsuit relative to the "zero step." Ms Pitzer reported that WV-AFT has not publicly addressed the issue even though there have been several opportunities (HEPC meetings, LOCEA meetings and Legislative Interim meetings.)
Ms Pitzer brought up the topic of the future need for lobbying support and the need for funds to cover such expenses. Mr. Long reinforced the concept based on his past experience with the Higher Education Coalition organization and during his tenure as President of the state grant agencies of the 50 states. He stated that the lack of regular representation reduces the ability of an organization to influence legislation that affects them. The dilemma for ACCE is developing an effective strategy for seeking such funding source. Mr. Harbaugh encouraged all Classified Staff Councils to establish a Legislative Committee and regularly communicate with their representatives.
ACCE CALENDAR (MEETING DATES) FOR UPCOMING YEAR
Discussion ensued as to potential meeting dates for ACCE for the next several months. Following is the tentative schedule:
ADJOURNMENT
Ms Shriver
made motion to adjourn. Mr. Beardsley seconded the motion.
MOTION UNANIMOUSLY APPROVED TO ADJOURN
Meeting adjourned at 11:30 am.
RESPECTFULLY SUBMITTED:
Robert Long, Secretary
APPROVED AMENDED MINUTES August 9, 2005