Minutes for April 2009

Thursday, April 16, 2009
Avaya Auditorium, ACES 2.302

Members Present:  Ben Bond, Tony Bumpass, Nellie Cano, Stephanie Cardenas, James Cooper, Jackie Dana, Sally Dickson, Lara Eakins, Suzanne Ewing, Joe Gregory, Chrissi Guerrero, Martha Harrison, Phillip Hebert, Janice Hejl, Keith Hill, Charles King, Sarah Kitten, Dianne Kline, Vickie Kullberg, Janet Larsen, Sarah Lind, Gary Martt, Jennifer McClain, Jane Moore, Jimmy Moore, Rita Moreno, Louise Nelson, Amy Olson, Linda Overton, Pamela Owen, Eric Patkowski, Cynthia Podolnick, Cindy Posey, Tina Radke, Martha Ramey, Jo Ann Richmond, Ben Rodriguez, Janell Ross, Tracy Saenger, Chris Scherer, Candace Shye, Mark Smyth, Heather Vacek, Robert Walker, Brandy Whitten, Ashley Williams, Brittany Wilson, Luis Zamora (for Sunni Zuniga)

Members Absent with Notification: Lewis Bowen, Steve Brahm, Patrick Buckner, Mary Campbell, Lori Hamilton, Phillip Hebert, David Macha, Janet Reed, Madison Searle, Mindy Thompson, Blake Willms

Members Absent:  Jose Barroso, Denise Berry, Danielle Fournier, John Goutier, Eric Johnson, Troy Johnson, Jennifer McAndrew, Robert Meyer, Rachel Sidopulos, Meredith Taylor, Bobby Wawak, Barbara Welch

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, May 14, 2009 from 12-2:30pm in the Main Building Academic Room, MAI 212.

OFFICER REPORTS

CHAIR

Ben Bond asked representatives to make note of the time and location change for the May 14 meeting.  Amy's Ice Cream will be served, following the meeting.

All committee chairs are asked to schedule committee meetings before Thursday, May 7, 2009.

Staff Council has been asked to provide volunteers for the Annual Staff Awards Ceremony on Thursday, May 7, 2009 from 2-4pm in the Texas Union Ballroom, but those assisting should plan on attending from approximately 1-5pm, with supervisor approval.  Volunteers are needed to assist with various assignments, including greeting and giving directions to guests and visitors, parking attendants and handling the name badge table.  A sign-up sheet for volunteers is available in the rear of the auditorium.

The Barbara Jordan statue unveiling is scheduled for Friday, April 24, 2009 from 12-1pm at the Battle Oaks location near the Texas Union.  In addition to the unveiling, there are many events occurring on that day in conjunction with the unveiling.  Mr. Bond asked that representatives attend events as schedules permit.

Human Resource Services has posted the new evaluation form to their web site.  The link to the form is: http://www.utexas.edu/hr/forms/university_appraisal_form.pdf. Please note the inclusion of the "Employee Comments" section at the end of the form.  In this section, employees are offered the opportunity to respond to their evaluations.  Mr. Bond asked that any comments about the "Employee Comments" section be emailed to him.

Associate Vice President for Human Resource Services Julien Carter testified on Tuesday, April 14, 2009 in regard to House Bill 861, a bill giving the Board of Regents the ability to offer domestic partner benefits to University employees.  During testimony, Texas House Speaker Pro Tempore Craig Eiland requested copies of resolutions from various campus councils.  To fulfill his request, Staff Council Resolution 2008-01, entitled "Support of Pride and Equity Faculty Staff Association", was submitted to Julien Carter's Office on Wednesday, April 15, 2009.

The Chair requests feedback from Council members on the idea of planning an all-day retreat for all representatives.  Council understands the need to provide plenty of advance notification to representatives, in order that arrangements can be made to cover work areas.

Louise Nelson (District 540.2):  Would there be assistance for dispensation of normal duties for all representatives, so we can all participate in the retreat?

Ben Bond (District 160.1):  Yes, Julien Carter has offered to assist with helping any representative request time off to participate in the retreat, if needed.

Jackie Dana (District 262):  Who would facilitate the retreat?

Ben Bond (District 160.1):  We would arrange to have an outside facilitator lead the retreat.

Jennifer McClain (District 660.1:  I think this is a great idea.

Linda Overton (District 190.2):  I agree; a retreat would give all representatives time to become acquainted with each other and really get in-depth with the issues before the Council.

Brandy Whitten (District 712):  Getting time off for an all-day event may be difficult for representatives who are on 9-month or 6-month employment appointments.

Ben Bond (District 160.1):  Thank you for that input.

Mr. Bond asked all representatives to email him if they encounter significant challenges in securing time off to attend this event.

VICE CHAIR

In Steve Brahm's absence today, Chair Ben Bond announced that the Vice Chair is soliciting UTSC representatives to sign up and participate as a team in the Poker Walk on Wednesday, May 13, 2009.  A sign-up sheet is available in the rear of the auditorium.  If you have any questions regarding the Poker Walk, please contact Steve Brahm via email at s.brahm@mail.utexas.edu.

COMMITTEE REPORTS

Ad Hoc Committee on Ombudsman

Chair Ben Bond welcomes Erin Waneck to present an update on the Ad Hoc Committee on Ombudsman.  Ms. Waneck began her update with an overview of the history of the ombudsman issue:

September 2006 - the issue was initially presented in September 2006 and unanimously accepted and approved for research.

UTSC Grievance Committee worked for one year with Human Resource Services to conduct a survey that was distributed to a random sampling of University staff.  Human Resource Services compiled the survey results in a Dispute Resolution Office report.  UTSC conducted its own report and analysis of the survey.

April 2007 - Executive Committee officers Erin Waneck, Danielle Fournier, Ben Rodriguez and Mark Smyth met with President Powers to submit and review the survey.  The officers followed up with Dr. Charles Roeckle, Deputy to the President, and were advised that the President would review the report.  No response from the President's Office as of this time.

Fall 2009 - Ad Hoc Committee on Ombudsman was established for further research of the issue. Initially, seventy-three staff responded to the email invitation to participate on the ad hoc committee; thirty-five staff attended the initial meeting to get more information on the issue.

A survey of seventeen peer institutions, thirteen of which have full-time staff ombudspersons.  UT Dallas has approved the establishment of a Staff Ombudsperson, and are in the process of identifying who that person will be and the source of funding for the position. UT Dallas is working with the International Ombudsman Association for objective development of the position.

The ad hoc committee is working with a group of LBJ students who are also interested in the issue of a staff ombudsman, and are helping with researching and compiling/writing data for inclusion in a report to be submitted to the President's Office.

The ad hoc committee hosted a presentation on the Staff Ombudsperson issue at the Free Speech Zone in April.

March 2009 - Ms. Waneck made a presentation of the ombudsman issue to the UT System Employee Advisory Council, Faculty Council and Student Government Association, and all were well received.  Faculty Council accepted a UTSC resolution on this issue.  Faculty Council and Student Government Association have each written and submitted to the President's Office a resolution in support of a Staff Ombudsman.

Definition of an ombudsman is "someone who does not have an advocate for any side, and remains neutral and supportive of a fair resolution to disputes and differences".  He/she is a professional who reports directly to the President or his/her designee, alleviating any appearance of institutional conflict of interest. He/she is a trouble shooter who identifies areas within the institution that seem to be having systemic problems of malfunction.

Four key points of an ombudsman are a) impartiality b) confidentiality c) independence and d) informality.

"Pro" points of an ombudsperson include a) influence of campus climate b) impartiality c) friendly collaboration with HRS d) mediation e) consulting f) training and g) advising.  "Con" points of an ombudsperson include a) no policy decisions are binding b) cannot compel anyone to implement their recommendations c) cannot give legal advice d) does not determine guilt or innocence.

Metrics from peer institutions reveal that:

- - 85% of all conflicts occur between employees and their supervisors

- - Most conflicts concern a "breakdown" of communication; therefore, mediation is a constructive form of resolution.

- - Of the leading issues for conflict resolution, civility ranks at 43%, work styles at 26%, structure/organization at 15%, performance at 14%, job status at 14%, discrimination at 10%, discipline at 9% and compensation at 8% (data taken from survey conducted by UCLA's Ombudsperson 2008).

- - UC-Berkeley has had a Staff Ombudsperson position since 1984

- - Capturing staff feedback using ombudsperson services reports 100% satisfaction rate (according to Margo Wesley, current Ombudsperson at UC-Berkeley).

- - Texas A&M is currently working with their faculty and staff to create and Ombudsperson position on their campus.

The LBJ School of Public Affairs Student Assembly passed a resolution in support of a Staff Ombudsperson position at UT Austin.  Ms. Waneck reviewed a copy of the resolution drafted and confirmed by the LBJ Graduate Student Body, in support of a Staff Ombudsperson.

Current Faculty Ombudsperson Dr. Mary Steinhardt has offered support and information on gaining a Staff Ombudsperson position.

June 2009 - the ad hoc committee will ask UT administration to review updated information.

Ms. Waneck concluded her report by recapping that the new millennium and current economic climate, organizations face new challenges in an increasingly litigious society; there are more diverse workforces, less job certainty and employee loyalty, increase challenges in balancing work-life pressures.  It is appropriate that organizations focus on handling conflict in the workforce by updating the proven model of an ombudsperson to meet these challenges.

Following her presentation, Ms. Waneck opened the floor to questions:

Phillip Hebert (District 342):  How many staff are still active on the committee?

Ms. Waneck (ex officio):  All who responded are active on the committee though not all of them are able to attend each meeting in person.

Phillip Hebert:  What are the required qualifications for an Ombudsperson?

Ms. Waneck:  There are two national associations after which most organizations model their own positions.  No degree or certification is required, but some training is preferred, and there is formal certification available.  Faculty Ombudsperson Dr. Mary Steinhardt has no formal training but she does have a Masters in Psychology.  Building trust among your peers is very important.

Chris Scherer (District 511):  What position would an Ombudsperson be?

Ms. Waneck:  The title would be Ombudsperson; it is most important to note that the position would report directly to the President's Office.

Following her report, Chair Ben Bond thanked Ms. Waneck for her presentation.

Bylaws Committee

Committee Chair Eric Patkowski presented two bylaws proposals to the Council:

1.  "Attendance Policy" (2nd reading and vote) - 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.

Mr. Patkowski states that the committee accepted the changes submitted by representatives and incorporated them into the proposal before Council today.  No other input has been received. Mr. Patkowski asked for any further edits to this proposal.

Brittany Wilson (District 712):  How would this affect a representative who is taking approved FMLA for a medical situation?

Ben Bond (District 160.1):  Absences related to a medical situation would be excused.

Chris Scherer (District 511):  The intent of this proposal is not to kick representatives off the Council, but to implement more accountability for submitting in a timely manner their notifications of absences.  The Council would be understanding of those representatives who have unpredictable work assignments and may be called away at the last minute.

There being no further edits or discussion, Chair Ben Bond asks for a motion to accept:

Motion 1:  Jackie Dana - that the Council accept the Attendance Policy proposal.

Second:  Chris Scherer

There were no objections; the motion passes.

2.  "Ex Officio Clarification" (1st reading and discussion) - this proposal seeks to introduce accountability to the ex-officio positions.  As all elected representatives, officers and committee chairs are accountable to the University staff at-large, all ex-officio members should be as well.  This proposal does not change the definition of or limit the number of ex-officio members within the Council, but simply gives the Executive Committee the ability to hold ex-officio members accountable, just as there is accountability for all other members of the organization.  Mr. Patkowski opened the floor for discussion:

Martha Harrison (District 391):  What is the reason for this proposal?

Ben Bond (District 160.1):  There are no checks/balances for ex-officio members on the Executive Committee, and this proposal provides a method through which to hold them accountable just as all other Executive Committee members are held accountable to all Council members and University staff.

Brittany Wilson (District 701):  Ex officio members can provide historical information on events and issues, so that can be helpful.

Stephanie Cardenas (District 322):  I can see this bylaws change will be useful now or in the future, if an ex-officio member doesn't share opinions of the current chair, and cannot let go of their own ideals and work with the current chair.  Ex-officio can be helpful for historical purposes, however, they only serve as a disruption to Executive Council if they are against everything that the current administration is trying to accomplish.

Martha Ramey (District 610.3):  Ditto to what Stephanie said.

Jennifer McClain (District 660.1):  I am uncomfortable having "a simple majority" as the vote level to remove ex-officio members from the Executive Committee.  Perhaps a vote of Council whole or a three-fourths vote of the Executive Committee would be more appropriate.

Ben Bond:  Only representatives who are members of the Executive Committee sit in on the meetings; not the Council whole.

Jennifer McClain (District 660.1):  If removal of an ex-officio member from the Executive Committee was a challenge, then that could be the "check and balance".

Brandy Whitten (District 712):  Executive Committee members are elected.  Checks/balances are already in place, and include feedback from representatives, committee work and the ability to elect a different person at the next election cycle.

Ben Bond (District 160.1):  Ex officio are not elected to the Executive Committee as are all other committee members.

Ben Rodriguez (District 130.2):  It seems a simple process to remove ex-officio members; this proposal seems to be the result of something personal.

Sarah Kitten (District 210.2):  I agree with Ben. What are the grounds for dismissal from the Executive Committee?

Pamela Owen (District 351):  My concern is the tone of the proposal.  Ex officio members are non-voting; are there bylaws in place to remove elected members of the Executive Committee?

Vickie Kullberg (District 371):  I think this proposal sets up a bad precedent.

Louise Nelson (District 540.2):  Perhaps the ex officio may need to be re-defined to avoid a situation in which there are more ex-officio than current members; I think this is a good attempt to do that.  Ex officio members are valuable to an organization.

Phillip Hebert (District 342):  All organizations grow and develop over time, and bylaws changes occur as a result.  Historical knowledge is important, however, even non-voting members can be disruptive to the mission of the Council.

Heather Vacek (District 560.2):  Is it possible to re-define the term ex officio to include that a vote of the Council whole will determine which ex officio members can become members of the Executive Committee?

Ben Bond (District 160.1):  All executive officer positions are ex officio positions, so there is not just one.

Due to time constraints, Ben Bond requests that representatives who have further input please submit that feedback to Bylaws & Procedures Chair Eric Patkowski.

Benefits Committee

Committee Chair Stephanie Cardenas presented the following issues with a committee recommendation to close:

Issue 2004-03:  Bevo Bucks Use by Staff

This issue focuses on an inquiry about whether or not staff can use Bevo Bucks, and requests a policy change to allow staff to participate in the program.  Corresponded with the previous Benefits Committee Chair, who stated that Bevo Bucks was for use by students only, but staff can use the Dining Dollars program.

Jackie Dana (District 262):  I have participated in the Dining Dollars and Bevo Bucks programs, and the Dining Dollars is much more restrictive on times and locations that employees can use the program.  I've tried to use the Dining Dollars at Littlefield Café, and it was a challenge.  I support allowing Bevo Bucks for use by staff and don't see why the Bevo Bucks can't be expanded to make that allowance.

Jennifer McClain (District 660.1):  Bevo Bucks and Dining Dollars programs are not equivalent. In the Bevo Bucks program, participating vendors pay a service charge to the University for students to use the program, but they do not pay a service charge for staff.  The restriction you encountered at the Littlefield Café was probably one for students based on their meal plans.

Ben Rodriguez (District 130.2):  It would be helpful if the Council could get information on the differences of each program so we could review them and then vote on this issue.

Motion 2:  Ben Rodriguez - that the Benefits Committee keep this issue open for more research.

Second:  Louise Nelson

There were no objections; the motion passes.

Issue 2004-15:  Employee Discount Program

This issue pertains to the implementation of an employee discount program that has been available to University employees for over a year now.  The committee recommends this issue be closed.

Motion 3:  Chris Scherer - that Issue 2004-15 be closed.

Second:  Brandy Whitten

There were no objections; the motion passes.

Committee on Committees

Committee Chair Blake Willms was unable to attend today's meeting.  Any updates will be scheduled for the May 14, 2009 meeting.

Communications Committee

Committee Chair Ashley Williams reported that the committee will be submitting final edits for the UTSC web site to the HR Services web team so they can begin the update process.  One idea the committee suggested was to add updated photos of staff in their respective work environments, and asked representatives to submit any photos they would like to include.  She reminded everyone to keep in mind that permission must be obtained from those in the photos, since the photos will be posted on-line.  Ms. Williams advised that all photo submissions should be sent to her at ashleyw@mail.utexas.edu.

Infrastructure & Parking Committee

Committee Chair David Macha was unable to attend today's meeting.  Any updates will be scheduled for the May 14, 2009 meeting.

Issues Committee

Committee Chair Cindy Posey presented the following issues to the Council:

Issue 2008-14:  Preempting a Pandemic

This issue was submitted by Representative Chris Scherer, and requests that the University install wall-mounted hand sanitizer foam dispensers by doors in high-traffic areas throughout campus.

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

Lara Eakins (District 282):  Is the sanitizer alcohol or antibiotic-based?

Chris Scherer (District 511):  Alcohol-based.

Ben Rodriguez (District 130.2):  Debra Kress in HR Services is also working on this issue as well.  Perhaps the Workplace Environment Committee can help her with research on the issue.

Cindy Posey (District 522):  David Cronk is also working on this issue.

Motion 4:  Ben Rodriguez - that Council accept this issue and move it to Workplace Environment Committee.

Second: Louise Nelson

There were no objections; the motion passes.

Issue 2008-15:  PRC Child Development Center

This issue was submitted by Representative Jo Ann Richmond on behalf of staff member Angie Marchitto, and requests establishment of a child development center at or near the J.J. Pickle Research Campus similar to the one located on the main campus.

Representative Stephanie Cardenas states that Issue 2008-15 seems to be the same as Issue 2003-29 on the UTSC web site, so perhaps there is more research that could be done on this issue.

Representative Jackie Dana suggested that perhaps the Parking & Infrastructure Committee should receive this issue.

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

Motion 5:  Chris Scherer - that Council accept this issue and move it to Workplace Environment Committee.

Second:  Brandy Whitten

There were no objections; the motion passes.

Issue 2008-16:  Card Swipes on Vending Machines

This issue was submitted by Gary Martt on behalf of staff member John Lakavage, and requests the implementation of card swipes on all vending machines on campus.

Louise Nelson (District 540.2):  Vending machines on campus falls under the purview of Parking and Transportation Services.

Jackie Dana (District 262):  I would suggest that this issue be referred to Parking & Infrastructure Committee.

Luis Zamora (for Sunni Zuniga) - District 550.2): Are these card swipes associated with alternate methods for paying for soft drinks and snacks? Is this profit for UT?

Cindy Posey (District 522):  Yes.  And yes, vending machines do bring in some profit to the University.

Brandy Whitten (District 712):  Longhorn Foundation gets profits from vending also.

Cindy Posey (District 522):  Not all vending operations are Longhorn Foundation though.

Issues Committee recommends this issue be moved to Parking & Infrastructure Committee.

Motion 6:  Jackie Dana - that Council accept this issue and move it to the Parking & Infrastructure Committee.

Second:  Ben Rodriguez

There were no objections; the motion passes.

Nominations & Elections Committee

Committee Chair Joe Gregory reported that this year's elections process has been a learning experience for committee members.  He extended a huge thank-you to Jennifer McClain, Cynthia Podolnick and Bobby Wawak for their assistance with preparing for and coordinating the elections this year.

Eleven districts were contested.

Mr. Gregory asked Jennifer McClain to report on some of the challenges that the committee encountered in this year's election cycle.  Ms. McClain outlined the following:

a. Adaptations to the process - i.e. paper vs. electronic ballots

b. Compressed time frame between the start of nominations period and verification of nominations.

c. Questions regarding how districts are assigned.

The committee outlined the goal of documenting each step of the process for next year in order that committee members would have less challenges.  Mr. Gregory announced that he would bring more updates to the Council at the May meeting.

Resources Committee

Committee Chair Louise Nelson reported that the committee continues to work on developing a new representative orientation for the May 14 meeting.

Workplace Environment Committee

Committee Chair Lara Eakins presented the following issues for closure:

Issue 2006-09:  Evaluation Forms

This issue requests that employees be able to submit a letter of comments with their annual evaluations, and added to their personnel files.

Joe Gregory (District 470.1):  Is there a way to communicate to staff that a rebuttal is available?

Lara Eakins (District 282):  There is an "Employee Comments" Section on the new evaluation form; employees should see that as they review their evaluations with their supervisors.

Cindy Posey (District 522):  Email communications to University employees will include a "Supervisors Please Post" notation, and request that the email be printed and posted in common areas in order that employees without regular access to email throughout their workday can also be made aware of this new evaluation form and the availability of submitting a rebuttal on their evaluations.

Erin Waneck (ex officio):  Is the new evaluation form available now?

Lara Eakins (District 282):  The new form is available now on the Human Resource Services web site.

Jackie Dana (District 262):  Is there any recourse for staff if supervisors do not want to use the new form?

Cindy Posey (District 522):  Employees should ask their supervisors for the new form.  If their supervisors do not want to use the new form, then employees can always submit a rebuttal even if there is no place to submit feedback on the evaluation form that the supervisor uses.

Jennifer McClain (District 660.1):  I just want to clarify that employees' signatures on their evaluations only indicate that their supervisors have reviewed their evaluations with them, and not that the employees agree with the ratings given.

Cindy Posey (District 522): You're absolutely right; thank you for making that clarification.

Motion 7:  Chris Scherer - that the Council close this issue.

Second:  Eric Patkowski

There are no objections; the motion passes.

Ms. Posey extended a thank-you to Representative Pamela Owen for her time and research on the Tunnel Safety issue.

Sick Leave Pool Oversight Committee

Representative Ben Rodriguez extended a thank-you to Representative Cynthia Podolnick for her time and assistance with this committee.  He reported that no additional edits are being submitted on the Sick Leave Oversight Policy.  Debra Kress, Director of Human Resource Services, implemented all of suggestions submitted by Staff Council for changes in the Sick Leave Pool policy.  One important edit is that the wording has been changed in order that University employees understand that their general physician can discuss their medical situation with the physician who sits on the Sick Leave Pool Oversight Committee.  After consultation between the two physicians, the committee's decision for approval or denial is final.

The first draft of the revised policy will now be submitted to UT System for review and approval. Following Board of Regents' review, the draft will then be returned to Debra Kress.

OLD BUSINESS

Stephanie Cardenas (District 322):  It seems that the update that Ben just gave on the Sick Leave Pool Oversight Committee addresses the Issue 2008-09 (Sick Leave Pool Appeals).  Might the Benefits Committee be able to close Issue 2008-09?

Ben Rodriguez (District 130.2):  I would suggest leaving that issue open until the Council has received a draft of the revised policy.

NEW BUSINESS

Chair Ben Bond announced that the Faculty Council has adopted a resolution to adopt a bicycle-friendly policy on campus.  The Chair will distribute to all representatives a copy of the resolution for review in order that Staff Council can discuss and plan to adopt the resolution at the May 14 general assembly meeting.

QUESTIONS FOR THE COUNCIL

Jackie Dana (District 262):  Does the Staff Council have an official stance on the Gun Policy on Campus?

Ben Bond (District 160.1):  No.  By the time that the Council has an opportunity to review and adopt a resolution on this policy, the State Legislature will have already made a decision regarding this policy.

Representative Robert Walker (District 660.3) introduced one of his constituents, Vinny Dudley, who is a Mechanic Technician in the Division of Housing & Food Services.  Mr. Dudley expressed concerns about the parking security on campus. He is very upset that his vehicle has been burglarized on two separate occasions within a two-week period.

Chris Scherer (District 511):  Last year, Staff Council did suggest to Associate Vice President for Campus & Security that video cameras be installed in various areas campus-wide.  This suggestion was turned down.

Jackie Dana (District 262):  I think these are serious and valid concerns, and would suggest that Mr. Dudley's concerns as an issue and moved to the Parking & Infrastructure Committee for further research.  His representative Robert Walker will assist him in that process.

Motion 8:  Jackie Dana - that Mr. Dudley's concerns be accepted as an issue and moved to Parking & Infrastructure Committee.

Second:  Chris Scherer

There were no objections; the motion passes.

ADJOURNMENT

Motion 9:  Chris Scherer - that the meeting be adjourned.

Second:  Linda Overton

There were no objections; the motion passes.

The Staff Council general assembly meeting adjourned at approximately 3:31pm.