Minutes for March 2009

Thursday, March 12, 2009
Avaya Auditorium, ACES 2.302

Members Present: Denise Berry, Ben Bond, Steve Brahm, Lewis Bowen, Patrick Buckner, Tony Bumpass, Mary Campbell, Stephanie Cardenas, James Cooper, Jackie Dana, Lara Eakins, Suzanne Ewing, Joe Gregory, Lori Hamilton, Martha Harrison, Janice Hejl, Keith Hill, Eric Johnson, Dianne Kline, Vicki Kullberg, Sarah Lind, David Macha, Gary Martt, Jennifer McClain, Jimmy Moore, Louise Nelson, Linda Overton, Pamela Owen, Eric Patkowski, Cynthia Podolnick, Cindy Posey, Tina Radke, Martha Ramey, Janet Reed, JoAnn Richmond, Ben Rodriguez, Janell Ross, Tracy Saenger, Chris Scherer, Madison Searle, Mark Smyth, Mindy Thompson, Heather Vacek, Robert Walker, Bobby Wawak, Barbara Welch, Brandy Whitten, Ashley Williams, Blake Willms, Brittany Wilson, Sunni Zuniga

Members Absent with Notification: Chrissi Guerrero, Phillip Hebert, Amy Olson, Candace Shye

Members Absent: Jose Barroso, Nellie Cano, Danielle Fournier, John Goutier, Troy Johnson, Charles King, Sarah Kitten, Janet Larsen, Jennifer McAndrew, Robert Meyer, Rita Moreno, Rachel Sidopulos, Meredith Taylor

CALL TO ORDER

The Council convened at Avaya Auditorium, ACES 2.302. Chair Ben Bond called the meeting to order at 2:00pm.

ANNOUNCEMENTS

Next month's meeting is scheduled on Thursday, April 16, 2009 from 2-3:30pm in the Avaya Auditorium, ACES 2.302.

OFFICER REPORTS

CHAIR

Ben Bond asked all committee chairs to schedule committee meetings before April 9, 2009.

Mr. Bond will send out an email to all representatives to solicit volunteers for a work group to develop a report or recommendations to President Powers on the upcoming budget.

Dates of general assembly meetings have been confirmed for the Avaya Auditorium through August 2010 and posted to the University Staff Council web site. He asked all representatives to update their individual calendars.

University Staff Council bylaws are now posted on the organization’s web site in .pdf format. This conversion allows for quicker updates, following approved bylaws changes.

VICE CHAIR

Steve Brahm reported that an Operations Work Group has been established, and will handle various tasks related to the monthly general assembly meetings. Interested individuals should email the Vice Chair at s.brahm@mail.utexas.edu.  Assignment to this committee will be in addition to members’ current committee responsibilities.

RECORDER/SECRETARY

Approval of Minutes

Janice Hejl sent out the December 18, 2008 meeting minutes via email, prior to today's meeting, and asked for any additional edits. There being no further edits requested, Mr. Bond asked for a motion to approve the December minutes:

Motion 1: Chris Scherer – that the December minutes be approved and accepted.

Second: Joe Gregory

There were no objections; the motion passes.

Ms. Hejl sent out the January 22, 2009 meeting minutes via email, prior to today's meeting, and asked for any additional edits. There being no further edits requested, Mr. Bond asked for a motion to approve the January minutes:

Motion 2: Brandy Whitten – that the January minutes be approved and accepted.

Second: Linda Overton

There were no objections; the motion passes.

Ms. Hejl sent out the February 19, 2009 meeting minutes via email, prior to today's meeting, and asked for any additional edits. There being no further edits requested, Mr. Bond asked for a motion to approve the February minutes:

Motion 3: Cindy Posey – that the February minutes be approved and accepted.

Second: Linda Overton

There were no objections; the motion passes.

COMMITTEE REPORTS

Bylaws Committee

Committee Chair Eric Patkowski presents three bylaws proposals to the Council for first reading:

1. “Attendance Policy” – this proposal seeks to address a concern that there is no clarification of whether or not the fourth and fifth absences are excused or unexcused.

Representative Chris Scherer stated that the committee felt this was ambiguous language in the bylaws. The committee recommended removing the word “consecutive” within the phrase “If a member misses three unexcused consecutive meetings.....”. If a member misses four meetings, that is one-third of the total meetings for one term, so the committee felt was appropriate to remove the word “consecutive”.

Ben Rodriguez (District 130.2): What is the definition of “excused” and “unexcused”?

Eric Patkowski (District 291): Bylaws define “unexcused” as “absent without prior notice to the Secretary”. If a member submits notification to the Recorder/Secretary, prior to the general assembly meeting at which he/she is going to be absent, then that is counted as an “excused” absence.

Tracy Saenger (District 672): There should be clarification as to whether or not the 4th absence is consecutive; there should be consistency in the language.

Ben Rodriguez (District 130.2): Would it help to insert a carriage return before the sentence that addresses four absences, and make that a new paragraph altogether?

Blake Willms (District 652): That will help make more sense.

Motion 4: Brandy Whitten – to accept insertion of a carriage return after the word “withdraw”, and create a new paragraph that address four absences.

Second: Cindy Posey

There were no objections; the motion passes.

Joe Gregory (District 470.1): Point of order. The Council cannot vote on this proposal today as there has not been a first reading.

Eric Patkowski (District 291): This is the first reading of this proposal. The motion made was to accept edits to the language.

Joe Gregory: Point of order. Amendments can be made at any general assembly meeting?

Chris Scherer (District 511): Would it be better to change the word “member” to “representative” in the second sentence?

Eric Patkowski: You can email me with any suggestions for further edits so the committee can review them all together.

2. “Succession Policy” – this proposal seeks to add to the duties of the Recorder/Secretary. The additional duty states that the Recorder/Secretary will serve as the Chair Pro-Tempore in a situation in which the Chair and Vice Chair positions become vacant, until such time that a special election is held, as outlined in Section VI.F.5.5 of the UTSC bylaws.

In order that the Council would be able to vote on this proposal today, Representative Jackie Dana makes a motion to suspend the bylaws and allow a vote on this proposal today:

Motion 5: Jackie Dana – to suspend bylaws at today’s meeting and vote on Succession Policy proposal.

Second: Cindy Posey

With thirty-one votes in favor of suspending the bylaws at today’s meeting, a two-thirds vote is confirmed and the bylaws are suspended.

Motion 6: Cindy Posey – that the Council accepts the “Succession Policy” bylaws proposal

Second: Chris Scherer

There were no objections; the motion passes.

Due to time constraints, the last bylaws proposal – Ex Officio Clarification – is postponed for discussion to the April 16, 2009 general assembly meeting.

Benefits Committee

Committee Chair Stephanie Cardenas reported no new updates at this time.

Committee on Committees

Committee Chair Blake Willms reported no new updates at this time.

Communications Committee

Committee Chair Ashley Williams reported no new updates at this time.

Infrastructure & Parking Committee

Committee Chair David Macha reported no new updates at this time.

Issues Committee

Committee Chair Cindy Posey began with a review of the issues submission process; the issue is received by the submitter, forwarded to the committee for review and then assigned to an appropriate committee for further research and collection of information. The committee to which the issue is assigned then identifies one member to do research and collect information on the issue.

Ms. Posey outlined the following issues for review:

Issue 2007-11-13: Accrued Sick Leave

This issue was submitted by Representative Chris Scherer, and proposes allowing an employee to “buy” accrued sick leave to use those hours to increase credit for time of service. The formula used would be (hourly wage) x (accrued sick leave hours) x (% of contribution to TRS from employee’s gross salary) = (cost to retiree to apply accrued hours to time of service credit). This issue requests replacement of current “use-it-or-lose-it” accrued sick leave policy with accrued hours applied to insurance premiums. Because insurance premiums are already paid by TRS to vested retirees, there is no incentive to save accrued hours. This amended version would give incentives to continue accruing sick leave hours, would cost UT nothing and would provide TRS with a revenue stream to fund increased time of service credit, thus providing the retiree with an increased monthly retirement payment. Also, this would encourage an increase in wellness lifestyles.

Issues Committee recommends that this issue be moved to the Benefits Committee for further research.

Motion 7: Janice Hejl – that the Council accept this issue and move it to the Benefits Committee.

Second: Chris Scherer

There were no objections; the motion passes.

District 130.2 Representative Ben Rodriguez reminds the committee to consider the possibility that this issue, if approved, could deplete the Sick Leave Pool.

Issue 2008-04: Policy or Procedure Regarding Meetings with Managment

This issue was submitted by Representative Patrick Buckner on behalf of staff member David Canales, and advocates for a better understanding of policies and procedures when engaging in meetings with management that could possibly be disciplinary in nature, or any other meeting to which an employee feels the need to have an impartial witness. Mr. Canales stated that, for meetings that involve sensitive issues and/or disciplinary action, a neutral witness would be helpful in ensuring that the meeting moves smoothly.

Issues Committee recommends this issue be moved to the Workplace Environment Committee for further research.

Motion 8: Jackie Dana – that the Council accept this issue and move it to the Workplace Environment Committee.

Second: Lara Eakins

There were no objections; the motion passes, and the issue is assigned to Dianne Kline for research.

Representative Joe Gregory asked if Ms. Posey could review these issues in more depth in order that the Council can vote to move to the appropriate committee for research. Representative Blake Willms stated that the Workplace Environment Committee will do the research on this issue and report back to the Council with a recommended action.

Erin Waneck (ex-officio) suggests, because the web space link where issues are posted is new in the agenda distribution, the link could be included so representatives can review the issues so there’s no confusion on what is being presented at the general assembly meeting. Chair Ben Bond stated that the web space link is included in the email containing the agenda, and representatives are encouraged to review the information prior to the monthly meetings.

A suggestion is made that a letter from the UTSC Chair be sent in conjunction with the annual letter from HR Services to all new UTSC representatives each term, congratulating them on their election and welcoming them to the Staff Council organization. The Chair is working on the completion of these letters as the 2009 election cycle has just come to an end.

Issue 2008-06: Performance Appraisal Rebuttals

This issue was submitted by Representative Linda Overton and pertains to an employee’s right to refute an annual evaluation through other communication methods.

Issues Committee recommends this issue be moved to Workplace Environment Committee for further research.

Motion 9: Linda Overton – that the Council accept this issue and move it to the Workplace Environment Committee.

Second: Brandy Whitten

There were no objections; the motion passes.

Issue 2008-07:  Bus Service

This issue was submitted by Louise Nelson and Gary Martt on behalf of staff members Twiggy Aguilera and Andy Gordon, and pertains to establishment of park-and-ride facilities in neighborhoods in which there are high concentrations of UT employees, but no convenient access to bus services to the UT main campus.

Issues Committee recommends moving this issue to the Parking & Infrastructure Committee.

Motion 10: Stephanie Cardenas – that Council accept this issue and move it to Parking & Infrastructure Committee.

Second: Joe Gregory

There were no objections; the motion passes.

Issue 2008-08: Job Sharing

This issue was submitted by Louise Nelson and Gary Martt and pertains to development of a job sharing program at UT Austin, which would include a) developing policies related to job sharing b) identifying and documenting the procedures to follow when posting or applying for a job-shared position and c) creating and maintaining a pool of potential job share candidates and positions to facilitate matching people to job-sharing opportunities. This program would enable departments to offer flexible employment alternatives to existing employees and to recruit talented individuals who may not be able to work full-time.

Issues Committee recommends moving this issue to Workplace Environment Committee for further research.

Representative Ben Rodriguez states that a policy has been written and approved by UT administration, and the policy will be forwarded next to UT System for approval. He encouraged everyone to keep an eye on this issue, and advised that they can inquire with Human Resource Services for status updates.

Motion 11: Linda Overton – that Council accept this issue moved it to Workplace Environment Committee.

Second: Louise Nelson

There were no objections; the motion passes.

Issue 2008-09: Sick Leave Pool Appeals

This issue was submitted by UT staff member Melissa Farrell, and pertains to the appeals process that employees can utilize for Sick Leave Pool requests.

Representative Ben Rodriguez states that he has spoken with Director of Human Resource Services Debra Kress, and that there is no actual appeals process in place. One concern is maintaining doctor/patient confidentiality. Rules are being rewritten. If an employee’s request is denied, the employee can request that his/her doctor conference with the doctor who is a member of the Sick Leave Pool Oversight Committee. The decision of the two doctors is final. It is important to note that the employee must initiate the request for an appeal, and contact Debra Kress to begin any appeal.

Brandy Whitten (District 712): When a denial is issued, a formal notice is sent to the employee. Is the employee informed of how to appeal that denial?

Ben Rodriguez (District 130.2): No. Representative Cynthia Podolnick and I are discussing this with Debra Kress.

Brandy Whitten: If there is no information given on how to appeal, then there is no appeals process, and no transparency, so I would vote not to close this issue.

Joe Gregory: Can we make sure this is done in a timely manner?

Cindy Posey: Yes.

Issues Committee recommends this issue be moved to the Benefits Committee for further research.

Representative Vickie Kullberg suggests that, because the Benefits Committee is influx at present, perhaps this issue should remain with the Issues Committee for now. Chair Ben Bond advised that the Benefits Committee is scheduled to meet immediately following today’s meeting.

Motion 12: Denise Berry – that Council accept this issue and move it to the Benefits Committee.

Second: Jackie Dana

There were no objections; the motion passes.

Issue 2008-10: Staff Educational Benefit Transfers to Recreational Sports

This issue was submitted by Representative Vickie Kullberg on behalf of UT staff member Melissa Farrell, and proposes that staff who do not use their staff educational benefit be given the opportunity to use Rec Sports Texercise at no cost.

Representative Brandy Whitten states that the mission of the Staff Educational Benefit is to increase overall education of all employees and academic mission of UT, so wellness is not included in the scope of this mission.

Representative Jackie Dana states that employees taking any classes using the staff educational benefit provide automatic access to Rec Sports facilities/services.

Representative Ben Rodriguez states that employees who are rejected in the UT admissions process are automatically ineligible for access to these facilities and services as a student, so staff would not be able to utilize the educational benefit toward a Rec Sports program or facility.

Representative Ashley Williams states that she and her husband both applied for the Staff Educational Benefit, both with the same GPA. His application was rejected, with the explanation that UT compares all GPAs against the accepted transfer student/incoming freshman requirements, even if an individual already has a degree.

Issues Committee recommends this issue be moved to the Benefits Committee for further research.

Motion 13: Stephanie Cardenas – that Council accept this issue and move it to the Benefits Committee.

Second: Denise Berry

There were no objections; the motion passes.

Issue 2008-11: Trade Licensing

This issue was submitted by Representative Robert Walker on behalf of UT staff member Steven Harper, and pertains to creating a system or committee through which applicants for trade licenses would be able to have their service time at UT be approved by masters of their specific trade, in order to comply with Texas Department of Licensing and Regulation, or any other licensing body. Currently, Texas Department of Licensing and Regulation will not approve any application for licensure for employees, like Mr. Harper, who have passed their Master Election’s exam, giving the explanation that he was not working under supervision of a Master Electrician when he earned the hours to be licensed. Division of Housing & Food does not currently employ a Master Electrician, therefore, Mr. Harper may never qualify for his Master’s license as long as he is employed by UT Austin.

Issues Committee recommends that this issue be moved to the Workplace Environment Committee for further research.

Motion 14: Dianne Kline – that Council accept this issue and move it to the Workplace Environment Committee.

Second: Lara Eakins

There were no objections; the motion passes.

Issue 2008-12: Change of UT Promotion/Transfer Eligibility Rule

This issue was submitted by Representative Rachel Sidopulos on behalf of UT staff member Michael Strong, and pertains to requesting a change in the 6-month probationary time limit for inter-departmental job transfers. Mr. Strong states that staff members should not be denied the opportunity to apply for a different job for which he/she is fully qualified, based solely on the fact that the employee has been in his/her current position for less than six months. He further states that this rule denies UT employees the opportunity to apply for advancement, and therefore, better positioning for them and their families.

Issues Committee recommends moving this issue to the Workplace Environment Committee for further research.

Motion 15: Martha Ramey – that Council accept this issue and move it to the Workplace Environment Committee.

Second: Linda Overton

With one “nay” vote, the majority votes rule; the motion passes.

Issue 2008-13: FMLA and Kinship Care

This issue was submitted by Representative Louise Nelson on behalf of UT staff member Diana Lockhart, and pertains to care of children of other family members. The issue requests further investigation and clarification of the current policy.

Representative Ben Rodriguez states that he spoke with Debra Kress and learned that an employee can take sick leave in order to care for an ill child of a family member or other family member, but that that family member must live in the same residence as the employee. Any guidelines that are in place at the federal level also pertain to employees at the state level, but more investigation into this issue should be performed.

Representative Linda Overton states that it seems appropriate that the issue could remain with the Benefits or the Issues Committee. Representative Brandy Whitten offers to read through the FMLA policy.

Issues Committee recommends that this issue be moved to the Benefits Committee.

Motion 16: Brandy Whitten – that Council accept this issue and move it to the Benefits Committee.

Second: Denise Berry

There were no objections; the motion passes.

Nominations & Elections Committee

Committee Chair Joe Gregory reported that committee members met with Human Resource Services team members and preparing for the upcoming elections. He outlined the election cycle dates:

March 23-27, 2009: Nomination period

April 6-10, 2009: Campaign period

April 13-17, 2009: Election period

April 20, 2009: Election results announced (excluding run-off elections)

April 22-23, 2009: Run-off elections

April 24, 2009: Run-off election results announced

Representative Chris Scherer suggested clarifying that staff can self-nominate if they wish to submit their own nomination.

Resources Committee

Committee Chair Louise Nelson reported that the committee has been working on an orientation for new representatives – Staff Council 101 Series – and for any returning representatives who want a refresher of how to handle various responsibilities within Staff Council. Topics to be covered include specialized topics for representatives and district contacts, using the SharePoint web site, how to submit issues and Roberts’ Rules of Order. This new orientation series will be implemented in the next term cycle. On May 14, the committee will present an orientation session prior to the general assembly meeting. In June, the committee will present a “hands-on” orientation session. Ms. Nelson encouraged representatives to send to her any suggestions for orientation topics.

Workplace Environment Committee

Committee Chair Lara Eakins reported no new updates at this time.

Updates from Faculty Council, Ad Hoc Committee on Ombudsman and UT System Employee Advisory Council

Due to time constraints in today’s meeting, updates on the Faculty Council, Ad Hoc Committee on Ombudsman, UT System Employee Advisory Council and the Police Oversight and Campus and Safety and Security Committees will be postponed until the April 16, 2009 Staff Council general assembly meeting.

OLD BUSINESS

There are no Old Business items to discuss at this time.

NEW BUSINESS

Chair Ben Bond introduced guest speakers Associate Vice President for Campus Safety and Security Robert Harkins and Assistant Police Chief Terry McMahan. Mr. Harkins began by outlining a few recent events and projects, including:

- Explore UT - Saturday, March 7, 2009

- Ongoing construction on campus

- Review of traffic at the intersection of 24th & Speedway. Parking & Transportation Policy Committee is examining the option to restrict traffic levels at this intersection.

Mr. McMahan reported that the semester thus far has been a calm one for University Police, but reminded everyone to maintain awareness of their surroundings and report anything that seems out of the ordinary.

Following their reports, the floor was opened for questions:

James Cooper (District 610.2): I recall there being articles in the newspaper about jaywalking on campus. Is that still an issue?

Bob Harkins: Last semester, we had police officers focusing on that issue, and that seemed to help reduce the amount of jaywalking being seen on campus. We’ll have to decide if we will repeat that effort at the 24th & Speedway intersection.

Terry McMahan: Truck traffic related to some of the construction on campus and student safety was an issue, but the trucks will be clearing out soon as construction projects come to an end.

Bob Harkins: My concern was and is thru traffic that doesn’t need to be on campus.

Joe Gregory (District 470.1): Is there an awareness program that can be implemented into new student and employee orientations to alert them to the dangers of jaywalking on campus?

Bob Harkins: That’s a great idea. Please email me at bharkins@austin.utexas.edu>bharkins@austin.utexas.edu with any other ideas or suggestions.

Dianne Kline (District 182): Last Wednesday when the scheduled emergency notification siren was scheduled to sound, people in my building couldn’t hear the siren. What can be done for people who can’t hear the siren?

Bob Harkins: The sirens are designed so that people outdoors on campus can hear them and be notified to get indoors to the nearest campus building, and not specifically for those who are already indoors on campus. So, you shouldn’t worry that you can’t hear the siren from where you are indoors – that’s part of the design of the sirens.

Mr. Harkins shared that the University utilizes nine communications methods to notify of emergencies, including email, phones, pagers and printed notifications on the Employee & Campus Services web site. There are different levels of pager usage including:

a) University Police and Parking & Transportation Services staff – carry pagers and are on call twenty-four hours a day seven days a week.

b) Building managers carry pagers and are on call at their work stations during assigned shifts.

c) President Powers and other senior level executives – are accessible by pagers as needed.

Departments can contact Director of Campus Safety & Security Services David Cronk to request University pagers.

Information is posted as needed on the Emergency Preparedness web page on the University’s home page. Work is being done to implement a system through which notifications can be sent to all work computers.

There are twelve thousand subscribers to the Mobile Campus service, which is used to notify subscribers via cell phones within four minutes of an emergency and to take safe cover.

Mr. McMahan reminded everyone to use the B-CAL telephone number (232-5050) to report any concerns of suspicious behavior and/or activity of students, staff or faculty on campus.

Following their presentations, Chair Ben Bond thanked Mr. Harkins and Mr. McMahan for taking time to speak with the Council today.

Mr. Bond moved to the second New Business item – SharePoint web site. He explained that this is a shared web site through which all committees can share documents and information regarding various issues submitted, and get status updates on those issues.

QUESTIONS FOR THE COUNCIL

There were no questions for the Council at this time.

ADJOURNMENT

Motion 17: Joe Gregory – that the meeting be adjourned.

Second: Unanimous

There were no objections; the motion passes.

The Staff Council general assembly meeting adjourned at approximately 3:32pm.