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EWS AUGUST 2012 THE MAGAZINE OF THE INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION FOR HUMAN RESOURCES HR N Technology in Public Sector HR Is Social Media Changing the Generations, or are the Generations Changing Social Media? SMARTHR Simplifies Awards Activity and Exit Survey Monitoring at the NIH Also This Month Civil Service Reform a Concern for Many
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EWSAUGUST 2012

THE MAGAZ INE OF THE INTERNAT IONAL PUBL IC MANAGEMENT ASSOCIAT ION FOR HUMAN RESOURCES

HRNTechnology in Public Sector HR

Is Social Media Changing the Generations, or are the GenerationsChanging Social Media?

SMARTHR Simplifies Awards Activity and Exit Survey Monitoringat the NIH

Also This MonthCivil Service Reform a Concern for Many

IPMA-HR Professional Development

Learn from the experts in local,state, and federal government HR

Many courses offered both in-person and online! Call 703-549-7100 or email [email protected] today for more information!

Trusted, cost-effective professionaldevelopment designed for theunique needs and environment of government HR professionals

� Enhance job performance� Maximize your staff’s impact� Elevate professionalism� Hone a broad range of competencies� Explore the latest trends and issues

Visit ipma-hr.org/professional-developmentto find out more about our courses.

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Advertiser IndexCompany Page

CPS HR Consulting ............................................................................................4

Fox Lawson & Associates................................................................................13

I/O Solutions....................................................................................................26

IPMA-HR Professional Development ..............................................................C2

IPMA-HR International Training Conference & Expo ........................................2

IPMA-HR Test Products & Services ............................................21, 28, C3, C4

NEOGOV ....................................................................................................14, 15

Sonja Stanchina, IPMA-CP, a human resources officer for theEast Bay Regional Park District, located in Oakland, Calif., and

the chairperson of IPMA-HR’s Next Generation Taskforce, fondlyremembers the first mobile telephone that she purchased in 1990: It“was nearly the size of a construction worker’s lunch box, and almostas heavy,” she writes in her article, “Is Social Media Changing theGenerations or are the Generations Changing Social Media?” (page6), which she penned with coauthor and IPMA-HR NextGeneration Taskforce member Anita Asher, IPMA-CP, director ofBay Area Employee Relations Services, a joint powers agencyconsisting of city, county, and other government entities in the SanFrancisco Bay area.

“In 2000, my young son saw a rotary dial telephone at an elderlyfriend’s home, and after me having to tell him what it was, he asked,‘How does it work?’” Stanchina continued.

She recalled a time in 2005 that her daughter, saw a typewriter ather office: “After telling her what it was, she asked, in disbelief,‘Where is the monitor?’”

Over a relatively short period of time, technology has changeddramatically. Computers that used to take up entire rooms now fitneatly into the palm of your hand.

To be sure, HR professionals have many advantages today, as a resultof technological advances, that they didn’t have not so long ago,through such popular social media sites as Twitter, LinkedIn,Facebook and GovLoop, just to name a few. But with great powercomes great responsibility. Is your agency ready for this wave ofsocial media use that is already upon us? Do you have a social mediapolicy in place already? We address all of this in this month’s issue ofHR News, the focus of which is “HR technology in public sectorHR.”

FROM THE EDITOR

“[We] HR professionals of every generation would be wise to availourselves of the benefits of social media by embracing and becomingproficient with these changes, while at the same time being proactivein establishing clear agency rules of social media conduct,” writeStanchina and Asher.

The National Institutes of Health, like many agencies, is faced witha shrinking budget, increasing scrutiny on awards spending, andfrozen salaries, but through technology, they have enabled managersto make better, more effective human capital decisions whilemanaging and containing costs. The new dashboards and reportsdeveloped by the NIH’s Office of Human Resources have beendubbed “SMARTHR”—“Self-Monitoring Analytics Reporting Toolfor Human Resources.” Read more about it in “SMARTHRSimplifies Awards Activity and Exit Survey Monitoring at theNIH” (page 8), by Lillian Thomas, Luis Unda and Janis Villadiego.

In addition to the technology focus articles in this issue of HR News,be sure to read Amanda Cuda’s article, “Civil Service Reform aConcern for Many” (page 10). In it, Cuda discusses the greatamount of attention that has been paid recently to how public sectoremployees are hired, fired, rewarded and disciplined.

And don’t miss this month’s Labor Relations column, by IPMA-HRSenior Director of Government Affairs and Communications TinaOtt Chiappetta, in which she discusses healthcare reform and otherrulings by the U.S. Supreme Court.

In this month’s Washington Update column (page 20), you’ll findinformation about several issues IPMA-HR is monitoring: thePaycheck Fairness Act, the Equal Employment OpportunityRestoration Act, and the Public Employee Pension TransparencyAct, to name a few. IPMA-HR is also monitoring a number ofregulatory issues, including criminal background checks and militaryleave. (Find a complete list of all the issues IPMA-HR ismonitoring on the IPMA-HR website.)

We also bring you Dr. Howard Risher’s Managing People in ToughTimes column (page 16). In his column this month, Risher discussespayroll costs, labor markets, the impact of staff cuts on offices, andtransparency.

Scott J. Cameron, IPMA-CP, discusses “Retaining Your New Talent:Starting Off Right,” in his Perspectives column this month (page 18).Read about the risks and costs of attrition, why new hires leave, andbest practices in onboarding in his column.

You’ll find all of this and more inside this month’s issue of HR Newsmagazine. We hope you enjoy it. —N

Elizabeth Kirkland

AUGUST 2012 | 1 |

IPMA-HR Professional Development

Learn from the experts in local,state, and federal government HR

Many courses offered both in-person and online! Call 703-549-7100 or email [email protected] today for more information!

Trusted, cost-effective professionaldevelopment designed for theunique needs and environment of government HR professionals

� Enhance job performance� Maximize your staff’s impact� Elevate professionalism� Hone a broad range of competencies� Explore the latest trends and issues

Visit ipma-hr.org/professional-developmentto find out more about our courses.

September 7-12, 2012

2012 IPMA-HR

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WWW.IPMA-HR.ORG AUGUST 2012 | 3 |

TABLE OF CONTENTSAUGUST 2012 | VOLUME 78 NO 8

DEPARTMENTS12 LABOR RELATIONS16 MANAGING PEOPLE IN TOUGH TIMES

Time to Move in a New Direction

18 PERSPECTIVESRetaining Your New Talent: Starting Off Right

20 WASHINGTON UPDATE24 MEMBERSHIP MATTERS28 CALENDAR28 PRODUCTS AND SERVICES

Is Social Media Changingthe Generations or are theGenerations ChangingSocial Media?

FEATURES

6

1 From the Editor

22 Join Three Inspiring Speakers at the 2012International Training Conference & Expo!

23 NEW! Online Training for IPMA-HR Members

25 Summer 2012 Issue of Public PersonnelManagement Now Available Online

27 HR News Needs Contributions from State, Local Agencies

27 Join Hundreds of Your Colleagues Around the Country in Discussions with Posterous

27 IPMA-HR Job Postings: A Great Recruitment Tool

28 Have You Read the HR Bulletin Lately?

SMARTHR SimplifiesAwards Activity and Exit Survey Monitoring at the NIH8

Civil Service Reform aConcern for Many10

For details, visit cps.ca.gov

Your Path to Performance.

At CPS HR Consulting, we view human resources through a strategic, three-dimensional lens. For starters, we focus on your agency’s objectives and map out a plan to improve what really matters – your organizational performance.

Then, by applying a systems-based approach, we align your vision, your processes and your people, ensuring that everyone and everything works together to reach the goals of your agency. Finally, with these strategic measures in mind, we help you tackle day-to-day HR challenges so you can make better, more informed decisions about hiring, classification and compensation, retention and development.

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Call (703) 549-7100 and ask for the following departmentsfor questions regarding:HR Research IPMA-HR offers free research, sample policies, articlesand more to members. Included in the member-only area of the website aresample policies on more than 60 topics including use of social networking,FMLA and many more. Contact the research department for the latestsurveys, innovations and trends by email, at [email protected].

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Web For all questions relating to the website, email [email protected].

IPMA-HR Staff Telephone Extensions and EmailNeil E. Reichenberg, Executive Director, ext. 251, [email protected]

Irina Bowyer, Associate Director of Membership, ext. 249, [email protected]

Tina Ott Chiappetta, Sr. Dir. of Govt. Affairs & Comm., ext. 244, [email protected]

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Sima Hassassian, Chief Operating Officer, ext. 254, [email protected]

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Elizabeth Kirkland, Director of Publications, ext. 243, [email protected]

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Suggestions or comments? Please email us at [email protected].

WWW.IPMA-HR.ORG AUGUST 2012 | 5 |

IN TOUCH WITH IPMA-HR

Editor, Elizabeth Kirkland

Graphics, Alison Dixon/ImagePrep Studio

IPMA-HR Executive Director, Neil Reichenberg

HR News is published monthly by the International Public ManagementAssociation for Human Resources, 1617 Duke Street, Alexandria, Virginia 22314;(703) 549-7100. Copyright ©2012. The August issue is volume seventy-eight,number eight of the monthly magazine of IPMA-HR.

Article contributions are welcome and range from 500-2,000 words. HR Newsreserves the right to refuse and/or edit manuscripts submitted for publication.Article contributions are encouraged on disk or via e-mail. For further information,please contact Elizabeth Kirkland, either by email at [email protected], or byphone at (703) 549-7100, ext. 243

Submission of notices of changes in employment, special awards or honors, or other member news of interest are encouraged, and should be directed toElizabeth Kirkland, along with color photographs, if applicable.

Change of address notices should be sent to the IPMA-HR MembershipDepartment at [email protected].

IPMA-HR mailing labels are available at a base rate of $105 per 1,000 names orat a fraction thereof for one time rental (no retention or reproduction is allowed inany form). Key coding and selection sorts are available at additional cost. Forfurther information, please go to www.GreatLists.com, or contact GreatLists.com by mail at 21351 Gentry Dr., Suite 135, Dulles, VA 20166, by phone at (703)821-8130, by fax at (703) 821-8243, or by e-mail at [email protected].

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Join IPMA-HR today and receive IPMA-HR News for free as part of yourmembership. Join online at www.ipma-hr.org, or contact the MembershipDepartment at [email protected] or (703) 549-7100.

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HR News accepts display advertising. For complete advertising information, pleasecontact Elizabeth Kirkland, director of publications, at (703) 549-7100, ext. 243,or email [email protected].

IPMA-HR is a nonprofit, membership organization dedicated to providingresources and advocacy for public human resource professionals at all levels.Comprised of four U.S. regions and more than 50 chapters, IPMA-HR representsindividuals and agencies in local, state and federal levels of governmentworldwide. IPMA-HR provides a focus and forum for the discussion and exchangeof views and best practices among public sector human resource professionalsthroughout the United States and abroad.

EWSN

Coming up in the September issue of

HRNEWS

Workforce and Succession Planning

HR

HR NEWS MAGAZINE

� technology in public sector hr � technology in public sector hr �

By Sonja Stanchina, IPMA-CP, with Anita Asher, IPMA-CP

| 6 | AUGUST 2012

Is Social MediaChanging theGenerations or are theGenerations ChangingSocial Media?

Looking BackAs a member of Generation X, in 1986 I started my first real jobwith a mortgage brokerage firm and attended an actual formaltraining session on how to use what, at the time, was a cutting-edge piece of office equipment: the facsimile machine.

In 1990, I bought my first mobile telephone, which was nearly thesize of a construction worker’s lunch box, and almost as heavy.

In 2000, my young son saw a rotary dial telephone at an elderlyfriend’s home, and after me having to tell him what it was, heasked, “How does it work?”

In 2005, my daughter saw a typewriter at my office, and aftertelling her what it was, she asked, in disbelief, “Where is the monitor?”

Welcome to the FutureToday, I have the same cell phone I purchased in 2010 in order to“text” my teenagers because they were never available to answer myphone calls, yet amazingly they would respond to my text messagesbefore I took my very next breath. Certainly, I played 45 and 78vinyl records; I listened to eight-track tapes; and if I wanted tohave my own copy of my favorite song from the radio, I better havethe audiocassette player sitting next to the transistor radio, queuedup after the last song, and immediately ready at the first tune tosimultaneously press “REC” and “PLAY.” Oh, and let’s not even

think about the DJ talking over that very song I had waited forhours to hear! No television remote controls, no hundreds of chan-nel options, no TiVo or DVR, and no On-Demand anything. Ourrefrigerators did not have audio or video options and could notkeep track of their inventory. Our phones (like the children of thatgeneration) did not talk back to us; sorry, Siri! Welcome to the newworld.

Is social media changing the generations? As former Alaska Gov.Sarah Palin has famously said on so many occasions, “you betcha!”Are the generations changing social media? Once again, yes!Great-grandmothers are no longer sitting in their rocking chairsknitting and reminiscing about bygone days. They now have their

WWW.IPMA-HR.ORG AUGUST 2012 | 7 |

� technology in public sector hr � technology in public sector hr �

CONTINUED ON PAGE 13

own iPads, Facebook pages and Twitter accounts, and are Skyping,actively creating new memories through social media. And theirchildren, grandchildren and great-grandchildren are leading theefforts for even more change.

As public sector HR professionals, we are the Silent Generation(born between 1925 and 1945); the Baby Boom Generation (bornbetween 1946 and 1964); Generation X (born between 1965 and1979); and Generation Y or the Millennials (born between 1980and 2000). At the same time, we all fit into different points alongthe Rogers Adoption Curve. Some of you are the innovators andearly adapters to new technologies, while others fit into the earlymajority or late majority group, and the rest of us (including me),are a part of the laggard group moving forward only because wehave no other choice. (I am only now getting the hang of my 2010cell phone, and I like it!)

Public agencies that have not already adapted in the early or latemajority groups are now a part of the laggard group and are beingforced to discover new ways of doing our work; better, more effi-cient ways. Technological advances, including social media, are hereto stay and those advances will continue to change the workplace.This means that while the next generation of HR professionalsgrew up with technology, the seasoned HR professionals whogenuinely desire to remain proficient in their competencies mustadapt and learn new skills. The good news is that learning thesenew skills can bring about tremendous benefits. Conversely, thesechanges in our work environment are resulting in new issues andconcerns which necessitate policy creation or, at a minimum,guideline consideration.

Learning New Skills in Social MediaUsing social media effectively in the workplace can result in thecompletion of critical functions much more quickly and inexpen-sively. This is not only appealing but necessary in light of thedecreased staffing levels and ongoing shrinking financial resourcesthat are now commonplace in public agencies.

The use of social media truly offers advantages for the HR profes-sional responsible for recruiting efforts. Never before have we had atool available to us where, at no cost, we could reach hundreds orthousands of individuals. It is free to use social media channels toannounce the opening of a difficult-to-fill civil engineer position,for example. Make no mistake; word-of-mouth referrals stillremain the number-one most effective form of advertising, butTwitter makes it possible to tell more people—instantly. Addition-ally, as fewer members of Generation Y are deciding to launchcareers in public service, we are tasked with how to connect,engage, and attract them. We need to speak their language, and it issocial media.

Another advantage made available by effectively using social mediain the workplace is in the area of requisite training and professionaldevelopment of our staff. Anyone unfamiliar with the Kahn Acad-emy, and especially those individuals responsible for their agency’s

training function, should visit the Kahn Academy’s website(www.kahnacademy.org). They are a revolutionary online educa-tional organization with a training library of more than 3,000videos and boast of delivering in excess of 164 million lessons intheir six short years. We, too, can learn to use YouTube and othersocial media options to more efficiently train our staff, therebysaving precious time and maximizing public resources.

There are additional advantages to the HR professional thoughsome of the most popular social media options today: Facebook,Twitter, LinkedIn, YouTube and GovLoop. Each of these channelshas its own distinct purpose and advantages. Fortunately, throughIPMA-HR, the regions and local chapters, there is an abundanceof webinar offerings and other training opportunities for the newand seasoned HR professional to understand the options and howto skillfully apply the knowledge.

Drafting Social Media Policy It would be difficult to find a public agency today that does nothave a long-established written policy on technology use and elec-tronic communication. Conversely, it may be difficult to find agen-cies that have either updated their policy or created a separate oneto specifically identify rules about social media conduct, in and outof the workplace. There are several issues to consider. Here are justa few:

� Will your agency conduct pre-employment reference checks toinclude accessing a candidate’s Facebook page? Are your front-line supervisors doing it now, with or without your knowledge? Ifso, are you aware that they can learn of one’s age, race, nationalorigin, marital status, sexual orientation, religious affiliation,medical condition, and other legally protected information fromviewing the candidate’s Faceboook page?

� Will your agency allow employees to check their personal socialmedia sites on their work computer or work-issued portabledevice during breaks and meal periods? Is this even a good idea,as these equipment items are public resources? If so, how will youdetermine what is acceptable in terms of time or content? Howwill you equitably monitor and enforce these rules?

� What will you do if your employee complains about his or hersupervisor or your agency on their personal social media site,using expletives and rendering serious allegations or defamatorycomments, even as they remain “friends” with maybe a dozencoworkers and maybe even the boss?

These are just a few of a very long list of issues and concerns publicagencies will encounter as we create new policy in the area of socialmedia. The considerations extend further to employees’ reasonableexpectation of privacy, freedom of speech and matters of publicconcern, and concerted activities for the purpose of collectivebargaining or other mutual aid or protection. In summary, agencieswill need to decide how far they are willing to go to regulate on-duty social media conduct and how far they can legally go in regu-

| 8 | AUGUST 2012 HR NEWS MAGAZINE

� technology in public sector hr � technology in public sector hr �

Faced with a shrinking budget, increasing scrutiny on awardsspending, and frozen salaries, the National Institutes ofHealth (NIH) needed a tool to enable managers to make

better, more effective human capital decisions while managing risksand containing costs. In response, the Office of Human Resources(OHR) at the NIH has been hard at work developing new dash-boards and reports in the new Self-Monitoring Analytics Report-ing Tool for Human Resources, also known as SMARTHR.

Released in June 2012, SMARTHR increases efficiency in the useof resources and automates specialized reporting tasks performedby OHR. At the same time, SMARTHR provides NIH staff witha new and simplified way of monitoring their organization’sperformance against NIH awards spending limits and Exit Surveyinformation.

SMARTHR facilitates on-demand business intelligence to NIHcustomers via a Web-based user interface, secured by single sign-onauthentication and role-based permissions. Users may also exportand share the information as Adobe PDF, MS Word, or MS Exceldocuments. In the event that users don’t have access to a computer,SMARTHR may also be accessed via the latest smart-phones,although the mobile user experience has been optimized for thelatest Blackberry and iOS devices (iPhones/iPads).

SMARTHR provides the unique ability to bridge reporting gapsacross multiple HR and non-HR systems. By linking disparatedata-sources, SMARTHR promotes a more complete assessment ofthe organization and human capital topics. This capability will befurther augmented in future releases by incorporating predictivemodeling.

In order to reduce the costs and time required for producingSMARTHR, staff used existing hardware, software, other technicalcomponents, and data repositories. SMARTHR is primarilypowered by a Microsoft .NET framework, SQL Server (database,reporting, analysis, and integration), Extensible Markup Language(XML), and Web services. It is anticipated that new modules incor-porating other emerging technologies (meeting NIH enterprisearchitecture standards) will be integrated in future releases.

For the initial release, the Awards Activity Dashboard and ExitSurvey reports modules were chosen to contain costs associated withawards and employee turnover. These modules support OHR strate-gic initiatives for data-driven decision making, risk management,communications, workforce retention, and empowering a mobileworkforce.

The NIH Cash Awards Activity Dashboard module enables NIHusers to manage their processed and pending cash awards againstOffice of Management and Budget (OMB) and Office of PersonnelManagement (OPM) defined spending limits. The dashboardmodule provides summarized spending levels at the NIH andcomponent organization levels while allowing users to drill intoactivity details. This dashboard eliminates the need for compilingand validating awards information quarterly and annually, thus allevi-ating the administrative burden of NIH staff monitoring awardsspending.

The NIH Exit Survey results module benefits the NIH communityby providing insight into the opinions of exiting employees throughcustom reports for NIH and component organizations. The modulealso allows HR customers to access historical Exit Survey reports and

By Lillian Thomas, Luis Unda, and Janis Villadiego

SMARTHR SimplifiesAwards Activity and ExitSurvey Monitoring at the NIH

the OHR HR Systems, Analytics, &

Information Division, and manages

multiple dashboards within the Analytics

team.

Luis Unda is an information technology

specialist with the National Institutes of Health. He graduated with a

bachelor’s degree in computer information systems from Campbell

University and is currently pursuing a master’s degree in computer

science with Boston University. Unda currently serves as the technical

lead within the Office of Human Resources HR Systems, Analytics, &

Information Division assisting with multiple projects.

Janis Villadiego, the HR analytics project manager, has lead the

analytics team at the National Institutes of Health since 2008. This

team, comprised of specialists handling dashboards, reports, data

management, surveys, business process modeling, databases and

reporting systems, provides an array of products and services to

enable the NIH to gain insight from HR information. Villadiego is a

certified project manager and HR information systems professional.

For more information, please contact NIH’s HR Systems Support at

[email protected]. —N

WWW.IPMA-HR.ORG AUGUST 2012 | 9 |

� technology in public sector hr � technology in public sector hr �

separation data.This information is criti-cal to the development ofstrategic retention andworkforce plans, andpromotes efforts to improve employee satisfactionand reduce the turnover of critical and valuable staff.

In fact, NIH was identified as the No. 1 ideal employer in “Univer-sum’s America’s Ideal Employers 2012,” in the field of naturalsciences, and for the third year in a row was, in 2011, the onlyfederal employer to make AARPs “Best Employers for Workers over50.” We think the exit survey is an important tool in achieving thesedistinctions.

Future plans for SMARTHR include additional survey reports (HRSystems Support Helpdesk and Training Survey Results), and dash-boards for compensation, Time-Off Awards and Quality StepIncreases (QSIs). An additional module for action planning, as wellas predictive and scenario modeling components, will be integratedinto Fiscal Year 2013 SMARTHR’s enhancements. These featureswill provide NIH leadership and OHR customers with the tools forstrategic and proactive workforce planning.

Lillian Thomas is a management analyst with the National Institutes of

Health, specializing in survey design and statistical analysis. She

graduated with a master’s degree in I/O psychology from George

Mason University. Thomas currently serves as the survey lead within

| 10 | AUGUST 2012 HR NEWS MAGAZINE

Civil Service Reform a Concern for Many

Agreat amount of attention has been paid recently to howpublic sector employees are hired, fired, rewarded anddisciplined. The loudest discussions on these topics have,

arguably, focused mainly on collective bargaining. In Wisconsin,Gov. Scott Walker’s approval of legislation that severely limited thecollective bargaining rights of most of the state’s government work-ers led the state to hold a recall election. The recall was unsuccess-ful and Walker remains in office. Yet that hasn’t silenced theongoing discourse about how public employees are treated. And, inmany circles, the talk has shifted from collective bargaining to civilservice reform efforts.

These initiatives—which, in many cases, change the way workers arehired and fired—have become a hot button issue as several stateshave moved to revamp their personnel guidelines.

Tennessee, Arizona and Colorado have all passed civil servicereforms in the past year. In many cases, these reforms don’t affectgovernment workers on the city level, and mostly apply to stateworkers. But some city governments—including Nashville, Tenn.—are also considering their own personnel reforms.

And the march of reform isn’t likely to end any time soon, saidLeslie Scott, director of the National Association of State PersonnelExecutives. “If one state implements significant reforms, thencertainly other states will be watching,” she said. Supporters of thiskind of legislation see this as a good thing—a move toward a morestreamlined government with fewer hoops for employers to jumpthrough to maintain a quality workforce. But others see the legisla-tion as taking away some key protections, which could leave analready-bruised workforce feeling somewhat resentful.

A Streamlined SystemThe state leaders who have recently passed civil service reforms have,in many cases, praised these changes as triumphs over bureaucracyand say they make it easier to acquire and hold onto good employeesand eliminate bad ones. Scott said selecting new employees in thepublic sector can be a lengthy process, involving lots of tests andevaluations. Sometimes, potential candidates are snatched awayduring the hiring process by the private sector, which often doesn’tmake them jump through such hoops. “I think this is certainly aboutbeing able to attract and retain the top talent,” Scott said.

That’s become a particular concern in recent years, as a hugesegment of public sector workers nears retirement age, meaningthere will soon be a lot of positions that need filling. For instance,Arizona Gov. Jan Brewer has said that at least a third of that state’sworkforce will be retirement-eligible within the next five years.“Certainly, a good deal of these reforms stem from the economicrealities states are facing,” Scott said.

But hiring isn’t the only focus of these reforms. In Arizona, Brewersigned the civil service reform legislation HB 2571 into law in May,and lauded it as a piece of legislation that would increase productiv-ity and limit red tape. The law basically eliminates civil serviceprotections for state employees hired on or after Sept. 28 and makesthem at-will employees who can be fired at any time, for anyreason—much like workers in the private sector. It consolidatesseven personnel systems within the executive branch into one, underthe oversight of the Arizona Department of Administration’s humanresources division.

By Amanda Cuda

WWW.IPMA-HR.ORG AUGUST 2012 | 11 |

Brewer has also said the legislation would make it easier to hirequalified job candidates quickly, reward worthy employees for hardwork and discipline or terminate employees who aren’t performingwell. For instance, retention of workers during layoffs would bebased on their performance, not seniority.

Tennessee Gov. Bill Haslam has made similar claims about theTennessee Excellence, Accountability, and Management (T.E.A.M.)Act of 2012, which was also passed this year. Most of the provisionsof the act go into effect on Oct. 1. That legislation also makes vari-ous changes to the hiring and firing process. Among other things, itdivides the state workers into “executive service” and “preferred serv-ice.” Executive service is made of senior level employees, includingthe highest-ranking employees for public information, fiscal, budget,audit, security, information systems, legislative affairs and humanresources, as well as doctors and lawyers. The executive service work-ers will be completely at-will, while the preferred service—mademainly of middle management and frontline employees—will haveaccess to an appeals process for wrongful termination.

Other changes in Tennessee include altering the way raises are doledout—basing the decision mainly on performance evaluations—andinstituting a new hiring process in which new employees would beselected from a list of all applicants meeting the qualifications for anopen position. Agencies would be required to interview a minimumof three candidates, as well as any veterans, on the list. Agencieswould also be required to interview spouses of veterans.

The new legislation also shortens the amount of notice needed for areduction in force layoff from 90 days to 60 days (then, after Jan. 1,2014, to 30 days) and eliminates the practice of “bumping,” in whichlaid-off employees can take away jobs from less experienced employ-ees in similar positions.

Colorado’s reform also looks to limit this practice. Like theTennessee and Arizona legislation, Colorado’s HB12-1321, whichwas signed into law by Gov. John Hickenlooper in June, focuses a loton the hiring, rewarding and termination of workers. Among otherthings, it eliminates the state’s “pay for performance” system and,according to Hickenlooper’s website, “increases the wages of stateemployees who are stuck at the bottom of the pay scale.” Otherchanges include adding new rights for employees who ultimately getlaid off, such as severance pay, retraining and placement elsewhere inthe state system.

Colorado’s changes go into effect on Sept. 1. The state’s GeneralAssembly also approved the legislation HCR-1001 this spring. Thatlegislation focuses on flexibility and, among other things, wouldallow employers to select potential employees from the top six candi-dates for a position. Currently, employers can only choose from thetop three candidates. However, the changes proposed in this legisla-tion have to be approved by voters because the rules it changes areembedded in the Colorado Constitution. The measure will appearon the November ballot as Amendment S.

Scott said there are pros and cons to the overhauls in these states.

The pros, as stated before, are streamlined hiring and firing processesand increased flexibility. The cons include possibly sowing discordamong a workforce that is constantly feeling the ground shiftbeneath it. Scott said with all of the debates going on in states aboutcontracts, pensions and the like, “state employees are taking a beatingin the headlines lately.” And some of them might see these reformsas one more unwelcome change. “They might feel like they’re underassault,” She said.

On the Local LevelThese recent reforms are generally confined to state employees anddon’t apply to public sector workers in city governments. And somehuman resources officials on the city level said civil service reformisn’t even a thought at this point. That includes Kathleen Haggerty,deputy HR director for the city of Phoenix, who said there is noreform on the horizon in her burg. “I haven’t been given any indica-tion that the city managers have any intentions to do that,” Haggertysaid. She added that, to her knowledge, the city doesn’t have anyconcerns about hiring practices and the other issues that supportersof the reforms have addressed. Haggerty said the only obstaclePhoenix faces in hiring is the sheer volume of applicants for openpositions.

However, not all cities plan to remain static on personnel protocol. Ahuman resources official in at least one city said updating andstreamlining local civil services guidelines wouldn’t be entirely unwel-come. “There comes a time when (civil service rules) have to change,because they haven’t changed with the times,” said Jim Kramer, assis-tant director of human resources for metro government in Nashville,Tenn. “You need to ask ‘How do we make this cleaner and easier foreveryone involved?’”

Some of the areas ripe for reform include the city’s policies for termi-nating certain employees, Kramer said. For instance, he said, if anemployee has been declared medically unfit to do his or her job and isunwilling to step down, the protocol is to declare that person withinability to perform the job and to have a disciplinary hearing. Kramersaid there should be a better way to handle these incidents. “Thereshouldn’t be a medical hearing to determine whether an employee ismedically fit to do a job,” he said. “That seems distasteful.”

Kramer said changing civil service rules is a lengthy process thatinvolves a lot of meetings and red tape. However, there is interest inNashville in getting together the appropriate officials, including theunions, and reviewing the personnel rules section by section, lookingfor places where they can be updated or changed. The resulting groupof requested changes could then be brought before the necessarycommissions for possible approval. “There are places where everyonewould agree that the rules need to be changed,” Kramer said.

Amanda Cuda is a full-time general assignment reporter for the

Connecticut Post newspaper in Bridgeport, Conn. She also freelances

for several publications, including HR News. —N

| 12 | AUGUST 2012 HR NEWS MAGAZINE

LABOR RELATIONS

Supreme Court SaysGoodbye to 2011Term by UpholdingHealthcare Reform The Supreme Court ended the term witha momentous decision on healthcarereform, upholding President Obama’slandmark law by a one-vote margin.Characterizing the individual mandate asa tax rather than an exercise of powerunder the Commerce Clause, ChiefJustice John Roberts was able topreserve the law that requires everyoneto carry health insurance. NationalFederation of Independent Business et al.v. Sebelius, Secretary of health andHuman Services, et al., Docket No. 11-393 (June 28, 2012).

The 5-4 opinion came as a surprise tosome who expected the Court to rejectthe individual mandate but uphold thepopular insurance reforms. Under thelaw individuals who refuse to purchasehealthcare insurance must pay apenalty. Because the penalty is collectedby the IRS through normal means oftaxation and because the payment is notso high that there is no choice but tobuy health insurance, the individualmandate is constitutional, said themajority.

Chief Justice John Roberts was joined byJustices Ruth Bader Ginsburg, StephenBreyer, Sonia Sotomayor and ElenaKagan. Justices Antonin Scalia, AnthonyKennedy, Clarence Thomas and SamuelAlito filed a dissenting opinion. Thedissent, written by Justice Scalia, statesthat the failure to act (in this case thefailure to buy health insurance) is notwithin the reach of Congress. It is alsonot a tax, says Scalia, but a mandatewith a penalty attached. In support ofhis argument, Scalia says that some areexempt from the tax who are not exemptfrom the mandate.

In deciding the case the Supreme Courtalso considered the part of the PatientProtection Act requiring states to provideMedicaid coverage to adults with

incomes up to 133 percent of thefederal poverty level or lose all federalMedicaid funds. The Court struck downthis requirement finding that states thatdo not participate in the expandedprogram cannot lose their existingfunding, only the funds that would havebeen provided to pay for the expandedprogram.

Another landmark ruling was issued bythe Supreme Court on June 25, 2012 inthe case Arizona v. United States, DocketNo. 11-182. The 5-3 opinion was writtenby Justice Kennedy, who was joined byChief Justice Roberts and JusticesGinsberg, Breyer, and Sotomayor. In thatruling the Court said that Arizona couldnot impose criminal penalties on alienswho seek employment. The Court saidthat the state law was preempted by thefederal Immigration Reform and ControlAct of 1986. The Court did not overturnthe part of the law allowing state policeto check the immigration status ofpersons suspected of being in thecountry illegally.

Lesser known but important opinionswere issued earlier this year. In Colemanv. Maryland Court of Appeals, Docket No.10-1016 (March 20, 2012), theSupreme Court ruled 5-4 that states areimmune from suit in federal courtbrought by employees suing under theFamily and Medical Leave Act’s (FMLA)self-care provision. The Court held thatCongress’s authority to abrogate stateimmunity is limited to conduct thatviolates the 14th Amendment.

In the case of Filarsky v. Delia, DocketNo. 10-1018 (April 17, 2012), theSupreme Court ruled unanimously that aprivate lawyer hired by a city governmentwas entitled to qualified immunity. Thecase was brought by Steve Filarsky, aprivate attorney hired by the city ofRialto, Calif., to assist in an internalaffairs investigation of a city firefighter.The United States Court of Appeals forthe Ninth Circuit ruled that Filarsky wasnot immune from suit because he wasnot an employee of the city.

Also of interest to public sector HRprofessionals is the case of Elgin v.Department of the Treasury, Docket No.11-45 (June 11, 2012), where theSupreme Court ruled 6-3 that the MeritSystems Protection Board (MSPB)

provides the exclusive avenue of reviewfor adverse action claims brought byfederal employees. At issue was afederal law barring employment to malecitizens who fail to register for the draft.After being fired from his job, Elgin chal-lenged the decision before the MSPBbut an administrative law judgedismissed the claim on the grounds thatthe MSPB lacked the authority to reviewthe constitutionality of a federal statute.The Supreme Court ruled that theappropriate place to appeal the MSPB’sdecisions is the federal court ofappeals.

On the docket for next term is the caseof Vance v. Ball State University, DocketNo. 11-556. The Supreme Courtaccepted review of the case on June25, 2012 and will answer the questionof whether or not a coworker with theauthority to direct another’s work can bea supervisor for purposes of employerliability. There is a split among thecircuit courts of appeals with somefinding employers liable for the actionsof those who direct the work of othersand other courts requiring a supervisoractually be able to hire, fire, promote,demote and discipline employees inorder for an employer to be liable.

Maetta Vance, the only African Americanemployee in the catering department,sued the university for discrimination,alleging that a coworker who had theauthority to direct her work subjectedher to racial epitaphs and slapped andthreatened her. A decision in that caseis expected during the Court’s 2012-2013 term.

Contact IPMA-HR Senior Director ofGovernment Affairs and Communications Tina Ott Chiappetta, either by email at [email protected], or by phone at (703) 549-7100, ext. 244. —N

By Tina Ott ChiappettaIPMA-HR Senior Director of GovernmentAffairs and Communications

cient with these changes, while at the same time being proactive inestablishing clear agency rules of social media conduct.

Sonja Stanchina, IPMA-CP, graduated with honors from Saint Mary’s

College of California with a B.A. in management. She is currently

completing her MBA in HR management. Stanchina works for the East

Bay Regional Park District located in Oakland, Calif., as a human

resources officer. She has been active in her local IPMA-HR chapter

and in the IPMA-HR Western Region.

Anita Asher, IPMA-CP, has more than 14 years of experience from a

variety of public sector roles. She is currently director of Bay Area

Employee Relations Service (BAERS), a joint powers agency consisting

of city, county, and other government entities in the San Francisco Bay

Area. BAERS provides timely and accurate classification, benefits and

compensation data and related policies to members. Prior to joining

BAERS, Asher served as the senior HR analyst with the San Jose

Redevelopment Agency. There, she participated in strategic planning

and related studies; analyzed, modified and administered

compensation and benefits policies; and conducted position

classification and compensation studies. Her experience also includes

service with county of Santa Clara, Calif., in a variety of assignments.

—N

WWW.IPMA-HR.ORG AUGUST 2012 | 13 |

Social Media CONTINUED FROM PAGE 7lating off-duty social media conduct. As this is a relatively newarea of employment law, there is little established case law, whichmeans that it is coming. The message here is that we cannot closeour eyes or keep our heads in the sand too much longer. We aregoing to have to draft social media policies for our agency. (Samplepolicies are available through IPMA-HR.)

Looking ForwardAs I prepare the final edits to this article, my old faithful 2010 LGcell phone is on the blink. It is two-and-a-half years old and willno longer hold a charge. I think it is a conspiracy; the phonecompanies must plan it that way to get me and the rest of thelaggard group to join everyone else and enjoy the benefits of thebetter technology. I admit I am nearly paralyzed with fear knowingI’ll have to get a smart phone, but then again, my young-adultchildren are now on their second or third smart phone upgrade,and they can teach me—I can learn new tricks. Similarly, we HRprofessionals of every generation would be wise to avail ourselvesof the benefits of social media by embracing and becoming profi-

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Alachua County (FL) Alameda County (CA) Albany City (GA) Allen City (TX) Anne Arundel County (MD) Anoka County (MN) Arapahoe County (CO) Arlington County (VA) Atlanta City (GA) Baltimore County (MD) Clark County (NV) Clovis City (NM) Cobb County (GA) Contra Costa County (CA) Dakota County (MN) Davenport City (IA) Delray Beach Police Dept. (FL) Eugene City (OR) Fulton County (GA) Gainesville City (FL) Goodyear City (AZ) Gwinnett County (GA) Hampton City (VA) Hawaii Dept. of Edu. (HI) State of Hawaii Hennepin County (MN) Honolulu City & County (HI) Houst-onCity (TX) Jefferson Parish (LA) King County (WA) Lee County (FL) LA Superior Court (CA) Mccarran Airport (NV) Multnomah County (OR) Napa County (CA) Nashville & Davidson Cty. (TN) New-port Beach City (CA) OC Fire Authority (CA) Orange County (CA) Palm Bay City (FL) Pasco County (FL) Prince George’s County (MD) Reno City (NV) Rochester City (MN) Rockford Police Dept. (IL) Sacramento City (CA) Sacramento County (CA) San Bernardino County (CA) San Diego County (CA) San Mateo County (CA) Santa Barbara County (CA) Santa Clara County (CA) Santa Monica City(CA) St. Louis County (MO) Malibu School District (CA) Savannah City (GA) Schaumburg Village (IL) Spotsylvania County (VA) Stafford County (VA) Stearns County (MN) Surprise City (AZ) Tarrant County (TX) State of Tenneesee Texas Education Agency (TX) Union County (NC) Ventura County (CA) State of West Virginia Westerville City (OH) Alachua County (FL) Alameda County (CA) Albany City (GA) Allen City (TX) Anne Arundel County (MD) Anoka County (MN) Arapahoe County (CO) Arlington County (VA) Atlanta City (GA) Baltimore County (MD) Clark County (NV) Clovis City (NM) Cobb County (GA) Contra Costa County (CA) Dakota County (MN) Davenport City (IA) Delray Beach Police Dept. (FL) Eugene City (OR) Fulton County (GA) Gainesville City (FL) Goodyear City (AZ) Gwinnett County (GA) Hampton City (VA) Hawaii Dept. of Edu. (HI) State of Hawaii Hennepin County (MN) Honolulu City & County (HI) HoustonCity (TX) Jefferson Parish (LA) King County (WA) Lee County (FL) LA Superior Court (CA) Mccarran Airport (NV) Multnomah County (OR) Napa County (CA) Nashville & Davidson Cty. (TN) Newport Beach City (CA) OC Fire Authority (CA) Orange County (CA) Palm Bay City (FL) Pasco County (FL) Prince George’s County (MD) Reno City (NV) Rochester City (MN) Rockford Police Dept. (IL) Sacramento City (CA) Sacramento County (CA) San Bernardino County (CA) San Diego County (CA) San Mateo County (CA) Santa Barbara County (CA) Santa Clara County (CA) Santa Monica City(CA) St. Louis County (MO) Malibu School District (CA) Savannah City (GA) Schaumburg Village (IL) Spotsylvania County (VA) Stafford County (VA) Stearns County (MN) Surprise City (AZ) Tarrant County (TX) State of Tenneesee Texas Education Agency (TX) Union County (NC) Ventura County (CA) State of West Virginia Westerville City (OH) Alachua County (FL) Alameda County (CA) Albany City (GA) Allen City (TX) Anne Arundel County (MD) Anoka County (MN) Arapahoe County (CO) Arlington County (VA) Atlanta City (GA) Baltimore County (MD) Clark County (NV) Clovis City (NM) Cobb County (GA) Contra Costa County (CA) Dakota County (MN) Davenport City (IA) Delray Beach Police Dept. (FL) Eugene City (OR) Fulton County (GA) Gainesville City (FL) Goodyear City (AZ) Gwinnett County (GA) Hampton City (VA) Hawaii Dept. of Edu. (HI) State of Hawaii Hennepin County (MN) Honolulu City & County (HI) HoustonCity (TX) Jefferson Parish (LA) King County (WA) Lee County (FL) LA Superior Court (CA) Mccarran Airport (NV) Multnomah County (OR) Napa County (CA) Nashville & Davidson Cty. (TN) Newport Beach City (CA) OC Fire Authority (CA) Orange County (CA) Palm Bay City (FL) Pasco County (FL) Prince George’s County (MD) Reno City (NV) Rochester City (MN) Rockford Police Dept. (IL) Sacramento City (CA) Sacramento County (CA) San Bernardino County (CA) San Diego County (CA) San Mateo County (CA) Santa Barbara County (CA) Santa Clara County (CA) Santa Monica City(CA) St. Louis County (MO) Malibu School District (CA) Savannah City (GA) Schaumburg Village (IL) Spotsylvania County (VA) Stafford County (VA) Stearns County (MN) Surprise City (AZ) Tarrant County (TX) State of Tenneesee Texas Education Agency (TX) Union County (NC) Ventura County (CA) State of West Virginia Westerville City (OH) Ala-chua County (FL) Alameda County (CA) Albany City (GA) Allen City (TX) Anne Arundel County (MD) Anoka County (MN) Arapahoe County (CO) Arlington County (VA) Atlanta City (GA) Baltimore County (MD) Clark County (NV) Clovis City (NM) Cobb County (GA) Contra Costa County (CA) Dakota County (MN) Davenport City (IA) Delray Beach Police Dept. (FL) Eugene City (OR) Fulton County (GA) Gainesville City (FL) Goodyear City (AZ) Gwinnett County (GA) Hampton City (VA) Hawaii Dept. of Edu. (HI) State of Hawaii Hennepin County (MN) Honolulu City & County (HI) Houst-onCity (TX) Jefferson Parish (LA) King County (WA) Lee County (FL) LA Superior Court (CA) Mccarran Airport (NV) Multnomah County (OR) Napa County (CA) Nashville & Davidson Cty. (TN) New-port Beach City (CA) OC Fire Authority (CA) Orange County (CA) Palm Bay City (FL) Pasco County (FL) Prince George’s County (MD) Reno City (NV) Rochester City (MN) Rockford Police Dept. (IL) Sacramento City (CA) Sacramento County (CA) San Bernardino County (CA) San Diego County (CA) San Mateo County (CA) Santa Barbara County (CA) Santa Clara County (CA) Santa Monica City(CA) St. Louis County (MO) Malibu School District (CA) Savannah City (GA) Schaumburg Village (IL) Spotsylvania County (VA) Stafford County (VA) Stearns County (MN) Surprise City (AZ) Tarrant County (TX) State of Tenneesee Texas Education Agency (TX) Union County (NC) Ventura County (CA) State of West Virginia Westerville City (OH) Alachua County (FL) Alameda County (CA) Albany City (GA) Allen City (TX) Anne Arundel County (MD) Anoka County (MN) Arapahoe County (CO) Arlington County (VA) Atlanta City (GA) Baltimore County (MD) Clark County (NV) Clovis City (NM) Cobb County (GA) Contra Costa County (CA) Dakota County (MN) Davenport City (IA) Delray Beach Police Dept. (FL) Eugene City (OR) Fulton County (GA) Gainesville City (FL) Goodyear City (AZ) Gwinnett County (GA) Hampton City (VA) Hawaii Dept. of Edu. (HI) State of Hawaii Hennepin County (MN) Honolulu City & County (HI) HoustonCity (TX) Jefferson Parish (LA) King County (WA) Lee County (FL) LA Superior Court (CA) Mccarran Airport (NV) Multnomah County (OR) Napa County (CA) Nashville & Davidson Cty. (TN) Newport Beach City (CA) OC Fire Authority (CA) Orange County (CA) Palm Bay City (FL) Pasco County (FL) Prince George’s County (MD) Reno City (NV) Rochester City (MN) Rockford Police Dept. (IL) Sacramento City (CA) Sacramento County (CA) San Bernardino County (CA) San Diego County (CA) San Mateo County (CA) Santa Barbara County (CA) Santa Clara County (CA) Santa Monica City(CA) St. Louis County (MO) Malibu School District (CA) Savannah City (GA) Schaumburg Village (IL) Spotsylvania County (VA) Stafford County (VA) Stearns County (MN) Surprise City (AZ) Tarrant County (TX) State of Tenneesee Texas Education Agency (TX) Union County (NC) Ventura County (CA) State of West Virginia Westerville City (OH) Alachua County (FL) Alameda County (CA) Albany City (GA) Allen City (TX) Anne Arundel County (MD) Anoka County (MN) Arapahoe County (CO) Arlington County (VA) Atlanta City (GA) Baltimore County (MD) Clark County (NV) Clovis City (NM) Cobb County (GA) Contra Costa County (CA) Dakota County (MN) Davenport City (IA) Delray Beach Police Dept. (FL) Eugene City (OR) Fulton County (GA) Gainesville City (FL) Goodyear City (AZ) Gwinnett County (GA) Hampton City (VA) Hawaii Dept. of Edu. (HI) State of Hawaii Hennepin County (MN) Honolulu City & County (HI) HoustonCity (TX) Jefferson Parish (LA) King County (WA) Lee County (FL) LA Superior Court (CA) Mccarran Airport (NV) Multnomah County (OR) Napa County (CA) Nashville & Davidson Cty. (TN) Newport Beach City (CA) OC Fire Authority (CA) Orange County (CA) Palm Bay City (FL) Pasco County (FL) Prince George’s County (MD) Reno City (NV) Rochester City (MN) Rockford Police Dept. (IL) Sacramento City (CA) Sacramento County (CA) San Bernardino County (CA) San Diego County (CA) San Mateo County (CA) Santa Barbara County (CA) Santa Clara County (CA) Santa Monica City(CA) St. Louis County (MO) Malibu School District (CA) Savannah City (GA) Schaumburg Village (IL) Spotsylvania County (VA) Stafford County (VA) Stearns County (MN) Surprise City (AZ) Tarrant County (TX) State of Tenneesee Texas Education Agency (TX) Union County (NC) Ventura County (CA) State of West Virginia Westerville City (OH) Newport Beach City (CA) OC Fire Authority (CA) Orange County (CA) Palm Bay City (FL) Pasco County (FL) Prince George’s County (MD) Reno City (NV) Rochester City (MN) Rockford Police Dept. (IL) Sacramento City (CA) Sacramento County (CA) San Bernardino County (CA) San Diego County (CA) San Mateo County (CA) Santa Barbara County (CA) Santa Clara County (CA) Santa Monica City(CA) St. Louis County (MO) Malibu School District (CA) Savannah City (GA) Schaumburg Village (IL) Spotsylvania County (VA) Stafford County (VA) Stearns County (MN) Surprise City (AZ) Tarrant County (TX) State of Tenneesee Texas Education Agency (TX) Union County (NC) Ventura County (CA) State of West Virginia Westerville City (OH) Alachua County (FL) Alameda County (CA) Albany City (GA) Allen City (TX) Anne Arundel County (MD) Anoka County (MN) Arapahoe County (CO) Arlington County (VA) Atlanta City (GA) Baltimore County (MD) Clark County (NV) Clovis City (NM) Cobb County (GA) Contra Costa County (CA) Dakota County (MN) Davenport City (IA) Delray Beach Police Dept. (FL) Eugene City (OR) Fulton County (GA) Gainesville City (FL) Goodyear City (AZ) Gwinnett County (GA) Hampton City (VA) Hawaii Dept. of Edu. (HI) State of Hawaii Hennepin County (MN) Honolulu City & County (HI) HoustonCity (TX) Jefferson Parish (LA) King County (WA) Lee County (FL) LA Superior Court (CA) Mccarran Airport (NV) Multnomah County (OR) Napa County (CA) Nashville & Davidson Cty. (TN) Newport Beach City (CA) OC Fire Authority (CA) Orange County (CA)

rundel County (MD) Anoka Count ppppaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhooooooooooooe County (CO) Arlington County (VA) Atlanta City (GA) BaltimCounty (CA) Dakota County (MNN) (((((((((((((IIA) Delray Beach Police Dept. (FL) Eugene City (OR) Fultonon Cit (VA) Hawaii Dept. of Eduu aaaii Hennepin County (MN) Honolulu City & County (HI) Housturt (CA) Mccarran Airport (NV) OOOOOOOOOOOOOOOOOOOR) Napa County (CA) Nashville & Davidson Cty. 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(IL) o County (CA) San Mateo Couuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCounty (CA) Santa Clara County (CA) Santa Monica City(CA) llage (IL) Spotsylvania County AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))) Stearns County (MN) Surprise City (AZ) Tarrant County ((CA) State of West Virginia WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa County (FL) Alameda County (CA) Albany City (GA) Allrlington County (VA) Atlanta Cittttttttttttttttttttttttttttttttttttttttttttttttttyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy ttttttttttttttttttttttttttttttyyy (MD) Clark County (NV) Clovis City (NM) Cobb County ach Police Dept. 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| 16 | AUGUST 2012 HR NEWS MAGAZINE

It’s like watching a train wreck in slowmotion. You know the budget crisis isgoing to end badly but it’s too early toknow how many people will be hurt orthe final damage. They have onlyrecently started to report the earlycasualties. A June 11 article by BenPolak, chairman of the economicsdepartment at Yale University, andPeter K. Schott, a professor ofeconomics at the Yale School ofManagement, titled “America’s HiddenAusterity Programs,” reported localgovernment employment is down bythree percent. The worst months werein 2010 and 2011, but job cuts areagain increasing. State employment isdown by 1.2 percent.

The Focus on Payroll CostsThe recent election in Wisconsin hasreinforced the interest in other states topush for similar changes. A Pew studyentitled “The Widening Gap Update”highlights the $1.38 trillion gap inpension funding. Another study by theCenter for State and Local GovernmentExcellence highlights the findings from asurvey conducted early this year onchanges affecting state and local work-forces. Nothing good is happening, itseems, and there are reasons to thinkthings will continue to deteriorate into2013.

From a broader perspective, trends in anumber of other countries are, ifanything, worse. I have had the opportu-nity over the past nine months to workwith the Organisation for Economic Co-operation and Development (OECD) andhave exchanged information with anumber of their member countries. Thepressure to improve governmentperformance and reduce costs is closeto a global phenomenon.

The state and local workforce “solu-tions” to date have cut costs but fewchanges represent a long term answer.The primary changes to pensions wereincreased employee contributions. Thesame is true for health care costs. Few

of the respondents indicated they madechanges in the plan provisions.

That may be about to change. The resi-dents in San Jose and San Diegorecently voted overwhelmingly to cutbenefits for both current and future cityemployees. That may be the beginningof a tidal wave as other state and localpublic employers are considering similaractions. I have been told by actuariesthat the assumptions governing pensionfunding are often not realistic and havebeen used to reduce or actually maskthe actual gap. The can was kicked tothe end of the road.

When I put on my “Carnac theMagnificent”(a la Johnny Carson) outfitand pull out my old economics texts, Ido not see state and local publicemployers solving their fiscal problemsfor years. I am not anti-union but theirpolitical clout may never recover. Recentheadlines used the phrase “organizedlabor at a turning point.” In my work withthe OECD, I saw a statement by a unionspokesperson for an alliance of unionsin Europe confirming that actions weretaken without involving the unions. Thismay be the end of an era.

Pay freezes and hiring freezes arestopgap actions at best; in the long run,they create problems. Lower morale isperhaps the easiest of those problemsto fix. In the long run, the actions aregoing to damage the perception or brandof public career opportunities. Accordingto the survey, public employers arealready finding it difficult to recruitpeople in a number of occupations.Looking ahead, the survey respondentslisted “retaining staff for core services”as their second most important concern,after the “public perception of govern-ment workers.” The recruiting and reten-tion problems are likely to get worse ifthe private sector continues to recover.

That, of course, makes the pay systema focal concern. Wage and salary levelsare undoubtedly less competitive todaythan they were in 2007 and 2008. Thatcould also be true of the benefits

package, although private sectoremployers have also taken steps tocontrol costs. However, it’s unlikelypublic employers will recover enough togrant broad based pay increases forseveral years.

Labor Markets are ComingBack to LifeAnother “however” is that privateemployers are coming out of the reces-sion with a different strategy inmanaging their pay programs. It’s nolonger enough to remain competitive;their focus has shifted to doing every-thing they can to recognize, reward andavoid losing high performers.

Companies are also reporting problemskeeping their best people, but they, inmany cases, have more flexibility andare willing to commit more money torecruit and retain key personnel.Businesses can also offer otherrewards to their employees, such asretention bonuses and stock grants,making it difficult for public agencies tocompete.

As the country comes out of the reces-sion, talent shortages are againemerging. Annual studies byManpowerGroup show that in the yearsprior to the recession, roughly four in 10employers found it difficult to fill jobs,but by 2010 the percentage dropped to14 percent. In the past two years thenumbers have risen to five in 10employers. Looking to the end of thedecade, largely as a result of demo-graphic trends, the fastest growingindustries and occupations—many ofwhich are relevant to government—willbe those related to health care,personal care and social assistance.

At the same time, there are occupationsthat are projected to see a decline inemployment through the decade—cler-ical and office support jobs, forexample.

The shortages will inevitably push paylevels higher in selected fields.

MANAGING PEOPLE IN TOUGH TIMES

By Howard Risher, Ph.D.

Time to Move in a New Direction

WWW.IPMA-HR.ORG AUGUST 2012 | 17 |

CONTINUED ON PAGE 23

Occupations in decline are likely to expe-rience continued stagnant wages.

The problem for government is that thetypical classification and compensationsystem does not have the flexibility torespond to diverse market trends. Inindustry there has been a strong trendthat dates to the 1990s recession toreduce bureaucratic practices and makepay systems more responsive to markettrends. Companies at least in the U.S.have largely abandoned formal job evalu-ation systems and now rely on market-based strategies to assign jobs tosalary ranges. When the market paylevel for a job increases rapidly, theysimply assign it to a higher grade.Government pay systems rarely havethat flexibility.

The Impact of Staff CutsAn issue that will be problematic in thenear future is the impact of the budgetcuts on the staff capability an HR officeneeds to administer its policies, prac-tices, and systems in a defensiblemanner. Precise data are not available,but in some jurisdictions HR staffs havebeen cut severely. And there is reasonto believe the cuts have impacted thecompensation and benefits functionsmore than other HR functions.

The U.S. Bureau of Labor Statistics(BLS) collects employment data byindustry and occupation. Comparingdata from May 2007 with May 2011 forselected states and metropolitan areas,the employment of HR managers actu-ally increased in Illinois, Florida andNorth Carolina, as well as in theChicago and Phoenix metropolitanareas. During the same period, thenumber of compensation and benefitsmanagers in those same jurisdictionsdeclined from 2,390 to 1,450 in NorthCarolina, from 2,010 to 1,000 inFlorida, from 1,390 to 700 in NorthCarolina, and by similar percentages inChicago and Phoenix. There were similarreductions in the number of compensa-tion, benefits and job analysis special-ists.

With pay freezes, compensation special-ists are superfluous. At some point, ofcourse, the freezes will be allowed toend. Employees will be looking for waysto move to higher salaries. One of the

tried-and-true strategies is to request ajob reclassification. With the “paypolice” laid off, those grade changesshould be almost guaranteed. In thefederal government, “classifiers” havedisappeared, and it is known that “gradecreep” is a serious, costly problem.

I may be wrong, but my reading of thetea leaves tells me the staffing ingovernment HR offices will not return toformer levels for years—if ever. Newtechnology adds to efficiency but that isnot going to save HR offices. Thenumbers reported by BLS suggeststaffing levels are, in some jurisdictions,too low to maintain pay systems. Thathas a number of possible conse-quences—all of which are costly.

The current reality suggests that it istime to move in a different direction.There has been interest in new paymodels for years. It was an element ofthe New Public Management (NPM),going back almost two decades.

I remember taking part in anInternational City/County ManagementAssociation panel discussion in 1998and again in 1999 where the focus waspay for performance. Bill Wilder, thenthe HR manager for Charlotte, N.C., wasalso on the panel. We had standingroom-only attendance at both confer-ences. Pay-for-performance and the busi-ness management model was thencentral to NPM but interest waned andwith the recession has been forgotten.

This would be an excellent time to beginthe process of rethinking governmentpay programs. I understand morale isalready down. I understand it’s difficultto think about the future in the middle ofa budget crisis. But it’s also true thatit’s easier to gain acceptance for changein a crisis.

The deficit in pension funding has to beaddressed first. Any savings should helpagencies save jobs and avoid cuttingservices.

It’s an Allocation ProblemThe deficits also serve to highlight theobvious: planning and management ofpayroll is an allocation problem.Available funds need to be directed towhere they will be best used. From thatperspective, above-average pay or bene-

fits or unnecessarily costly administra-tive practices cannot be justified, espe-cially in an era when needed servicesare threatened by budget cuts, payingany employees more than necessarycannot be justified.

That happens to be the logic of market-based pay. Companies are very costconscious and make certain theirsalaries are consistent with the levels incompeting companies. The only jusitifca-tion for above market pay levels is astrategy to hire unusually talentedpeople.

Every jurisdiction is, no doubt, different,but there is a pattern across the publicsector to pay lower level employeesbetter relative to market levels. Theaverage differentials frequently cited bythe critics naturally reflect jobs paidhigher relative to market levels, as wellas those that might be far below.

Yes, I am aware that is more likely tohappen under a union contract. Thatdoes not make it better; it simplymeans it will be more difficult tocorrect—and “correct” is the right word.In the labor market, the salaries forthose lower level jobs have beenincreasing slower than for the higherpaid professional jobs. That trend goesback to the post-World War II era. It alsoreflects the common “cents-per-hour”union agreements that push up lowerlevel salaries at a faster rate. It’s amisallocation of limited payroll dollars.

The first step in rethinking a payprogram is to determine how well jobsare paid. To supplement the marketdata, it would be useful to identify thejobs where recruiting is proving to bedifficult or turnover is increasing. Paymay well be an issue. The evidence isimportant.

In that regard I have seen several state-level statistical studies that claim tocompare pay levels using demographicand education data, not job content. Itshould not be surprising that older,better educated employees are paidmore. As someone who sat through thestat courses, I can say with authoritythat those studies are misleading andof no value in determining if jobs areoverpaid or underpaid.

MANAGING PEOPLE IN TOUGH TIMES

| 18 | AUGUST 2012 HR NEWS MAGAZINE

PERSPECTIVES

Governmentagencies at

all levels arefacing constraintsin their ability tohire newemployees. Insuch a toughclimate, it isespecially impor-tant that theprecious few new employees who arehired actually decide to remain onboard for an acceptable period of time.Unfortunately, attrition at most agen-cies is greatest during the first twoyears of employment, and pooronboarding practices are a principalreason for that phenomenon.

Risks and Costs of AttritionFailure to retain newly hired employeesposes many risks and costs for thehiring organization. First, the agency willbear the expense of repeating the hiringprocess. Those costs have been vari-ously estimated at between $3,500 and$25,000, and that is for a minimumwage employee! Since governmentworkers are typically more highly skilled,the cost of replacing them is greater andmore prolonged. Some of these esti-mates run as high as 400 percent ofthe employee’s annual salary for highlyspecialized and executive-levelemployees.

Second, the agency mission will be atincreased risk while the vacancy isopen, since literally fewer hands will beavailable to perform the work. Withmany agency programs already havingabsorbed budget and staffing cuts,there is a risk that losing the nextperson will be the proverbial straw thatbreaks the camel’s back. The programmay cross a threshold that leaves itunable to perform particular responsibili-ties for citizens.

Third, there is a contagion effect; onceone employee decides to leave, othersstart wondering if they should considerdeparting as well. They ask themselveswhat the outgoing employee knows that

they don’t, and may start exploring theirown options.

Finally, there is the very real risk in thecurrent budgetary climate that theunused salary funding associated withthe recently departed employee may bescooped up by the agency budget officeand redirected to another part of theorganization. In such a situation, theorganization has essentially experienceda budget cut on the heels of losingvalued talent.

Why New Hires LeaveAttrition is greatest at two points inone’s career with an organization: withinthe first two years of being hired, andwithin several years after becomingeligible for retirement. We do expectpeople to retire, but we certainly don’texpect to lose them shortly after beinghired. Why do people leave soon afterbeing hired?

According to the U.S. Office of PersonnelManagement, research suggests thatnew employees decide within the first30 days of joining an agency whether ornot they feel comfortable there; 90percent decide within the first sixmonths whether they will stay.

While Pricewaterhouse Cooper’s 2001-2012 Human Capital EffectivenessReport indicates that voluntary job sepa-ration rates are actually down in thisunder-performing economy, high-performing employees are even morelikely to be actively looking for betteropportunities. How an agency managesthe first six months of the newemployee’s work experience is thereforeimportant to retaining new employees,and crucial for retaining the agency’sbest new talent.

Too often, the new hire is placed in thehands of the HR department for a short,new employee orientation that focusesprimarily on paperwork that needs to befilled out. After the orientation, the newhires are sent off to their new work-place, where they may or may not havea computer waiting for them upon theirarrival. The overworked supervisor

makes no real effort to bond with thenew hire, who may not know anyoneelse in the office, and the new hire mayspend their first few days on the jobreading agency manuals. Is it at allsurprising that new hire attrition is high?

Best Practices inOnboardingIn contrast, best practices in onboardingcreate a very different experience:

� The new hire gets a welcome letterfrom the agency shortly after the joboffer is accepted. The welcome letterexpresses excitement that the newemployee is joining the agency, indi-cates how, long before the first dayof work, the new hire can fill outmost of the necessary paperworkonline, and lays out a schedule forwhat the new employee can expectduring the first week on the job,including identification of points ofcontact.

� The HR department, IT and the hiringofficial coordinate closely on planningthe employee’s first week on the jobto ensure smooth handoffs of theemployee from HR to the supervisor,as well as that a computer is readyand waiting for the new hire, andthere are no “dead zones” where thenew hire is sitting around withnothing to do for hours on end.

� The HR department runs anemployee orientation that is light onpaperwork and heavy on accultur-ating the new employee to the organi-zation. Such an orientation mayinclude uplifting videos about theagency mission, discussion groupsfeaturing the organization’s super-stars, a chance to briefly meet theagency or department head face-to-face, and other sessions designed tohelp the new employee navigatearound the organization when theyfeel the least comfortable about whatthey are doing. The idea is to reas-sure the new hire that they made theright job choice.

� The immediate supervisor takes the

By Scott J. Cameron, IPMA-CP

Retaining Your New Talent: Starting Off Right

WWW.IPMA-HR.ORG AUGUST 2012 | 19 |

PERSPECTIVESemployee to lunch on the first day tostart building the interpersonal bondbetween supervisor and subordinate.

� The new employee gets a peermentor—preferably a highly motivatedindividual hired two or three yearsbefore who exudes a positive attitudeand enthusiasm for the agency. Thenew employee will view this person asa role model, creating a mental imageof what they might be like and whatthey might be doing in two or threeyears.

� The new employee gets “adopted” bya well-respected agency veteran,whose mission it is to graduallyimpart the culture of the agency tothe new hand, and help them under-stand the agency’s informal way ofdoing things. This is the person thenew employee can feel comfortableasking questions of, since in somecases new hires might hesitate toask a boss for fear of appearing igno-rant.

� Provide the new employee with a high-level roadmap of the projects that willconsume most of the new hire’s timein the first few months on the job sothe new hire has a clear sense ofdirection.

Framing the New Hire’sFuture VisionWithin the first 30 days of joining theagency, the new employee should havean individual performance plan for thefirst year at the agency. The plan shouldbe developed jointly with the employeeand discussed in some detail. Theperformance plan helps the newemployee understand the supervisor’sand the agency’s expectations, whichcan eliminate much of the uncertaintyand potential anxiety around the newhire’s first year in a new professionalenvironment. It also provides a veryuseful tool for the supervisor and thenew employee to gauge the employee’sprogress in the job.

While it is a best practice to providefrequent and informal feedback to allemployees on their performancethroughout the year, the supervisorshould be aware that it is particularlyimportant to provide regular and detailed

performance feedback to an employeewho is new to the agency. In the bestcase, this frequent and informal feed-back over the first year will help theemployee adapt quickly and successfullyto the new work environment. They willbecome productive and happy andcontribute to the work unit’s morale. Inthe worst case, the performance planprovides a legally defensible basis forthe supervisor to separate an employeewho, despite everyone’s hopes andexpectations to the contrary, turns outto be a bad fit for the job.

The supervisor should also sit down withthe employee during the first month onthe job to discuss the new hire’sIndividual Development Plan (IDP). TheIDP sketches out a three- to five-yearprofessional roadmap for the newemployee. It flags both useful formaltraining and on-the-job learning opportu-nities. New hires—particularly onesstraight out of college or graduateschool—are accustomed to a structuredapproach to planning their future, andwant to have a working model of whattheir early career in the agency willinvolve. More importantly for employeeretention, the creation of an IDP implic-itly says to the new employee, “We careabout you as a person and your future,and we are thinking about how we canhelp you succeed here over time.” Thisis a very powerful reassuring, heart-warming message to send a newemployee.

Supervisor as LynchpinIn the final analysis, the new hire’sexperience with the supervisor willlargely determine whether they arehappy and engaged, or start looking fora new job within their first year at theagency. The Gallup organization’sresearch suggests that 50 percent ofwork satisfaction is determined by therelationship with the first-level super-visor. That relationship largely deter-mines how long the employee will staywith the agency. While the humanresources department can handle thenew hire orientation process and providestructure around a year-long onboardingprocess, the ultimate success or failureof the onboarding rests squarely on thesupervisor’s shoulders. The supervisorhas the greatest degree of impact on

whether the employee feels engaged.The supervisor can succeed by:

� Being accessible.

� Clearly communicating goals andstrategies to the new hire.

� Providing necessary tools and asupportive work environment thatempower the new hire to succeed.

� Creating opportunities for meaningfulwork that helps the new hire learnand grow.

� Providing regular feedback to the newhire in helpful, non-stressful ways.

The human resources department andagency executive leadership share aresponsibility to screen and selectsupervisors who will be accomplished atonboarding new hires. They also mustprovide structure, training, and execu-tive coaching if it appears that a super-visor is struggling in the onboarding ofemployees.

Supervisors and HR must always bearin mind that successfully onboarding anew employee takes about a year. It isa deliberate process that must be care-fully orchestrated. The benefits are thatproper onboarding dramatically reducesattrition, saves money, generatesemployee enthusiasm and engagementthat translate into higher productivityand a more pleasant work environmentfor all, and ultimately leads to a higherlevel of mission accomplishment. It iswell worth the effort of supervisors,human resources, and agency leader-ship to collectively ensure it is donewell.

Scott Cameron, IPMA-CP, is senior vicepresident at R3 Government Solutions, where he leads the human capital consultingpractice. Until March 2006 he was chiefhuman capital officer at the U.S. Departmentof the Interior, with 70,000 employees at2,400 locations across the country. He can be reached at [email protected].—N

| 20 | AUGUST 2012

WASHINGTON UPDATE

HR NEWS MAGAZINE

Lawmakers are expected to have anunusually busy lame-duck sessionfollowing the presidential elections dueto the expiring tax cuts. Among thosetax cuts are two that specifically affectIPMA-HR members. The first is theexpiring payroll tax cut. Currentlyemployees are paying 4.2 percent oftheir income to Social Security. Whenand if the provision expires that willincrease to 6.2 percent.

The second provision is the expiringSection 127 employer-provided educa-tional assistance provision, which allowsemployees to receive up to $5,250toward tuition fees and books tax free.Both are due to expire at the end of2012 unless lawmakers act.

On June 5, 2012, the Paycheck FairnessAct, which allows for unlimited compen-satory and punitive damages to beawarded when pay discrimination isfound, failed in the Senate by a vote of52-47. It is unlikely that this bill willbrought up again this year. IPMA-HRopposes the measure because it wouldincrease litigation without addressingany underlying issues that lead to paydisparity.

On June 21, 2012, the EqualEmployment Opportunity Restoration Act(H.R. 5978, S.3317) was introduced tomake it easier for litigants to bring classaction suits. The bills would essentiallyoverturn the Supreme Court’s 2011opinion in Wal-Mart Stores, Inc. v. Dukes,requiring a class action to generatecommon answers that resolve centralissues in the case.

Pension reform continues to bediscussed with a renewed interest in thesolvency of pension plans in light of aJune 18, 2012, report from the PewCenter on the States finding publicpension liabilities of $1.38 trillion in2010. One vehicle for addressing stateand local pensions is the PublicEmployee Pension Transparency Act,which would require states and localitiesto report the level of pension fundingusing private sector assumptions.

A social networking bill (H.R. 5050) hasbeen introduced by Representative EliotEngel (D-NY) that would protect users ofsocial networking sites from having todivulge personal information toemployers, schools, and universities.

While federal action is unlikely this year,a number of states are consideringsimilar legislation.

IPMA-HR continues to monitor a host ofother employment-related issues suchas the Employment NondiscriminationAct, the Healthy Families Act, andmandatory Social Security coverage butaction on these items is not expectedas lawmakers have a limited amount oftime to complete work on budgetary andtax issues prior to adjourning.

Regulatory IssuesCriminal Background Checks – On April25, 2012, the Equal EmploymentOpportunity Commission (EEOC) updatedits enforcement guidance on the consid-eration of arrest and conviction recordsin employment decisions. The EEOCdetermined that compliance with federallaws or regulations is a defense to acharge of discrimination. However,compliance with a state or local law orregulation may not shield the employerfrom liability if the employer’s policy isnot job related and consistent with busi-ness necessity.

The EEOC recommends that employersnot ask about convictions on job applica-

tions. Employers can consistentlydemonstrate job relatedness andconsistency with business necessity ifthey: validate the criminal conductscreen for the position in questionbased on the Uniform Guidelines onEmployee Selection Procedures, ordevelop a targeted screen consideringat least the nature of the crime, thetime lapsed, and the nature of the joband then provide an opportunity for anindividualized assessment for peopleexcluded by the screen. We joined witha number of groups that sent a letter tothe EEOC expressing concern.

Classification of IndependentContractors – The Department of Laborannounced that it is focusing on themisclassification of employees as inde-pendent contractors. The LaborDepartment is working with the IRS andseveral states on this issue.

Military Leave – The Department ofLabor issued proposed regulations codi-fying the 2009 changes made to themilitary leave provisions in the Familyand Medical Leave Act (FMLA). The mili-tary caregiver leave provisions apply toveterans as well as those on active dutyand to members of the armed forces aswell as to members of the NationalGuard and the reserves. The militarycaregiver leave includes an injury orillness that existed prior to service thatwas aggravated in the line of duty whileon active duty. The leave is available toveterans with a serious injury if theveteran was a member of the military atany time during the five years precedingthe date of the medical treatment.

When the regulations were updated in2008, the Labor Department made achange to the intermittent leave provi-sions to allow employers to account forintermittent leave in different incre-ments during the day, if this is used forother types of leave. For example, if anemployer accounts for leave time at thebeginning of a shift in six-minute incre-ments, but leave is taken during themiddle of a shift in one-hour incrementsan employer could treat FMLA leave thesame way. The Labor Department isproposing to remove this flexibility andreturn to the prior requirement that

CONTINUED ON PAGE 28

“Currentlyemployees arepaying 4.2

percent of theirincome to SocialSecurity. Whenand if the provi-sion expires thatwill increase to6.2 percent.”

WWW.IPMA-HR.ORG AUGUST 2012 | 21 |

T roubled by incomplete and incorrect incident reports being submitted in your public safety departments? Don’t put your department in a vulnerable position. Use IPMA-HR Video-Based Report Completion Exercise (RCE)

to assess observation, listening and written communication. You can use the RCE as part of your entry-level testing process or it can be used by your training academy to assist in developing written communication skills.

The RCE is a video-based simulation exercise. As candidates watch a video of an incident unfolding, they take notes and assume they are at the scene of the incident. The test booklet includes an Incident Report Form to be completed by the candidates after they view the video. The report form includes information fields to be completed as well as space for a written summary of what occurred during the incident.

Report Completion Exercises are available for Police, Fire and Corrections departments. Call today or visit our website to find out more about how you can use IPMA-HR’s Report Completion Exercises to increase the quality of reports submitted in your public safety departments. The RCE’s can be scored by your agency using a system developed with the assistance of our scoring suggestions guide.

Video-Based Report Completion Exercisefor Police, Fire and Corrections

Don’t put your department in a vulnerable position.

http://[email protected] Phone 703.549.7100Fax 703.684.0948

| 22 | AUGUST 2012 HR NEWS MAGAZINE

This year’s speakers at the IPMA-HR 2012 InternationalTraining Conference & Expo in Nashville, Tenn., address

how we as individuals can embrace and rise above challenges inour workplace and our environment. As public sector HR profes-sionals, we are often seen as models of professionalism within ouroffice culture. Overcoming obstacles that lie in our path is astrength that cannot only propel us in our career but can alsoinspire peers and coworkers to do the same. Such inspiration canaffect an entire workplace culture, increasing productivity,performance, and effectiveness.

Our plenary speakers will inspire, inform, and encourage you to rise above the challenges you face not just in your career, but in life.

Dr. Steve Robbins is a powerful storyteller,inspiring people in the midst of disruption andchallenging the way we think about the world.Working through and rising above the chal-lenges of poverty, discrimination and the toughstreets of Los Angeles, Robbins bringsinsightful perspectives on issues of diversity,

inclusion and the power of caring. A popular author and speaker,he has presented at numerous conferences and workshops acrossthe nation. He is often praised for his resonating, humorous styleand his messages and stories bring a fresh and insightful perspec-tive to the sometimes-dreaded subject of diversity.

Dr. James Johnson is the William R. Kenan Jr.Distinguished Professor of Strategy andEntrepreneurship and director of the UrbanInvestment Strategies Center at the Universityof North Carolina Kenan-Flagler BusinessSchool. Johnson is currently researching theeconomic and employment impact of white

collar job shifts offshore on U.S. competitiveness. He specializes incommunity and economic development, the effects of demo-graphic changes on the U.S. workplace, urban poverty, and work-force diversity issues. At this year’s conference, Johnson willdiscuss disruptive demographics in American society, examiningsocially and economically disadvantaged youth; entrepreneurialapproaches to poverty alleviation, job creation, and communitydevelopment; interethnic minority conflict in advanced industrialsocieties; and business demography and workforce diversity issues.

Flip Flippen is an internationally renownedspeaker, psychotherapist and the developer ofthe Flippen Profile. A psychometric assessmenttool, the Flippen Profile identifies individualstrengths and weaknesses that can be used tobreak the constraints that limit performanceand hinder growth. Flippen will share his

powerful mission about leadership: “building relationships andprocesses that bring out the best in people.” He has worked witheducators, K-12 students, executives, athletes, rural school districtsand Fortune 500 companies to achieve dramatic improvement inperformance, leadership, trust and productivity. After his keynoteaddress on Wed., Sept. 12, Flippen will be available to meet atten-dees and sign his latest book, The Flip Side–Break Free of theBehaviors That Hold You Back.

These three motivating speakers are just a part of the greatprogramming we have in store for you at this year’s InternationalTraining Conference & Expo. For more information, visit theconference webpage at www.ipma-hr.org/Professional%20Development/Conferences/2012%20IPMA-HR%20International%20Training%20Conference%20%2526%20Expo,or download the registration form at www.ipma-hr.org/sites/default/files/2012%20Registration%20Form_5.pdf and sign uptoday! —N

Join Three Inspiring Speakers at the 2012 International Training Conference & Expo!

WWW.IPMA-HR.ORG AUGUST 2012 | 23 |

Public sector employers share a common need for effectivecompensation and benefits programs that meet organizational

needs and are acceptable to stakeholders. In response to theseevolving member needs, IPMA-HR has developed comprehensiveonline courses providing human resource practitioners and publicsector decision makers with a training resource on current andemerging concepts related to classification/compensation changeinitiatives.

IPMA-HR professional development trainings seek to accommo-date the needs of city, county, state, and federal human resourcepractitioners.

The following course will be offered in webinar format August 16,23, and 30 from 1–3 p.m. EST. Participation in all sessions ismandatory. Those interested are encouraged to register in advance.

OverviewThis applications-oriented seminar on designing and implementingbroadbanding programs is intended for senior practitioners andpersonnel executive decision-makers who design and/or redesignpublic sector classification and compensation programs.

Learning Objectives

� What “broadbanding” means

� Reasons for moving to a broadbanding environment

� Organizational readiness for broadbanding

� Steps required in designing a broadbanding structure

� Managing pay in a broadbanding environment

� Managing and controlling salary costs

� Process for establishing a design team

� Communicating the new program

� New role of managers and HR/personnel

� Future of salary management

InstructorsBruce Lawson, IPMA-CP, Fox Lawson & Associates, a division ofGallagher Benefit Services

Jim Fox, IPMA-CP, Fox Lawson & Associates, a division ofGallagher Benefit Services

For more information, or to register for the training, visit the professionaldevelopment website at www.ipma-hr.org/professional-development.

Questions about any of our trainings? Please contact the IPMA-HRProfessional Development Department by email at [email protected], or by phone at (703) 549-7100. —N

NEW! Online Training for IPMA-HR Members

Preparing for Tomorrow’sOpen BooksThe scrutiny is not going to stop.Websites making government employeesalaries public are going to be increas-ingly common. And that opens the doorto questions that will need to beanswered.

The public clearly wants confirmationthat government pay levels are justified.Giving the public access to names,titles and salaries is, in the absence ofcredible explanations and substanti-ating evidence, not going to satisfy thecritics. Public agencies need policies

and practices that can be easilyexplained and readily understood.

HR has an unfortunate history of back-room analyses and “soft ideas,” andreasoning that can be powerful to theinitiated but not truly understood.“Engagement” is a great currentexample. We could use our own mediaconsultants.

Now is an ideal time to simplify our poli-cies and practices. Bureaucratic prac-tices need to be eliminated. We shouldadopt “value-added” as our mantra andassess our policies one by one. Smallmom-and-pop businesses have notrouble managing the pay of employeeson the back of an envelope. It’s notthat simple, of course, for government

agencies, but current practices are farmore complex and costly than neces-sary. No other area of human endeavorhas seen as little change. We need toget started.

Dr. Howard Risher is a private consultant andfrequent author on pay and performanceissues. He has experience in every sectorincluding federal, state and local government.He can be reached by email [email protected]. —N

MANAGING PEOPLE IN TOUGH TIMESCONTINUED FROM PAGE 17

| 24 | AUGUST 2012 HR NEWS MAGAZINE

MEMBERSHIP MATTERS

Certification CornerCongratulations to these newly certified individuals!Clifton Beck, IPMA-CPHuman Resources DirectorCity of Odessa, Texas

Margaret Buckler, IPMA-CPHuman Resources DirectorCity of Columbia, Mo.

Cynthia Clays, IPMA-CPHuman Resources DirectorSan Joaquin CountyStockton, Calif.

Kimberly Gibbons, IPMA-CPHuman Resources DirectorVillage of Wellington, Fla.

Pamela Harris, IPMA-CPHR AdministratorArkansas Department ofCareer EducationLittle Rock, Ark.

Jeff Herring, JD, IPMA-CP, MBAExecutive DirectorUtah Dept of HR ManagementSalt Lake City, Utah

Karin Hollohan, IPMA-CPHuman Resource ManagerPlatte River Power AuthorityFort Collins, Colo.

Darren Keenaghan, IPMA-CPSenior Personnel AnalystCity of San Diego – PersonnelDepartmentSan Diego, Calif.

Pamela Kershaw, IPMA-CPHuman Resources DirectorCity of Coconut Creek, Fla.

Barbara Kunkel, IPMA-CPDirector of Human ResourcesNorfolk Airport AuthorityNorfolk, Va.

Anna Levina, IPMA-CPSafety Officer IICounty of Los Angeles –Department of Mental HealthLos Angeles, Calif.

Aristea Mantis, IPMA-CPHR/Risk ManagementSupervisorCastaic Lake Water AgencySanta Clarita, Calif.

Susan Moser, IPMA-CPDepartmental HR Manager IIICounty of Los Angeles – HRLos Angeles, Calif.

Stephanie Muller, IPMA-CPExecutive AdministratorDes Moines Area MetropolitanPlanning OrganizationDes Moines, Iowa

Richard Nagel, IPMA-CPHuman Resources ManagerOrange County HealthDepartmentOrlando, Fla.

Julie Nicolson, IPMA-CPHuman Resources AdvisorCity of Austin, Texas

Josephine Pullen, IPMA-CPAssistant Director, Office ofHuman Resources Maryland Department ofTransportationHanover, Md.

Lilian Ramirez, IPMA-CPHR AnalystCounty of Los Angeles HRDepartmentLos Angeles, Calif.

Le-Roy Richards, IPMA-CPHuman Resources DirectorSKN VibesBasseterre

Susan Smith, IPMA-CP, CPM,SPHRDirectorHR Management/GAPSFrankfort, Ky.

Jeremy Swan, IPMA-CPHuman Resources AnalystCity of Upland, Calif.

Jennifer Whitaker, IPMA-CPHuman Resources DirectorCity of Warsaw, Ind.

Member NewsRonnie Charles, IPMA-CP, SPHR, GPHR, is the new HRdirector for the city of Baltimore, Md. Charles served previously asthe HR director for the city of Suffolk, Va. He also worked for theDistrict of Columbia and the commonwealth of Virginia. Hecurrently serves as the co-chair of the IPMA-HR ProfessionalDevelopment Committee and as a member of the HR Certifica-tion Institute Board of Directors.

Joe Lubin, IPMA-CP, HR director, city of Independence, Ohio,was elected as the Central Region’s Representative to the IPMA-HR Executive Council. His three-year term will begin on January1, 2013. Lubin serves on the IPMA-HR Professional Develop-ment Committee.

The Southern Region presented the Edwin Swain Award forExcellence to Barbara Montoya, IPMA-CP. She is the personneldirector for the city and county of Montgomery, Ala. Montoyaserves on the IPMA-HR Executive Council and was elected to anew term that will start on January 1, 2013.

The Southern Region presented the Dayna Petete OutstandingChapter Award to the Virginia Chapter of IPMA-HR.

The Central Region selected the Minnesota Chapter of IPMA-HR as the recipient of the A.M. “Biff ” Elliott Chapter VitalityAward. —N

WWW.IPMA-HR.ORG AUGUST 2012 | 25 |

MEMBERSHIP MATTERS

New AgencyMembersYavapai Co Sheriff 's Office,Arizona

GRSi, Maryland

DHHS/HRSA – WorkforceManagement, Maryland

New Zealand Customs Services

New IndividualMembersLori PereiraFort Pierce, Fla.

Liliana JudgeHenrico, Va.

Hubert ChatmanWPAFB, Ohio

Christina Y. Penland, IPMA-CPSan Francisco, Calif.

Robin BuieDobson, N.C.

Janice A. WarrenInverness, Fla.

Constance WalkerMontgomery, Ala.

Alyson JunghansJunction City, Kan.

Sheila WahlLebanon, N.H.

Pamela D. Harris, IPMA-CPLittle Rock, Ark.

Dennis HawkinsSan Jose, Calif.

Todd WegnerValdez, Alaska

Alecia RoseEden Prairie, Minn.

Benay G. GeorgeAtlantic City, N.J.

DeCarlia L. DickensLittle Rock, Ark.

Patricia E. BarnesRocky Mount, Va.

Toni GoldenPrescott Valley, Ariz.

Mark AyersGreenville, Ill.

Tim KeriganSmithfield, N.C.

Linda ScheschyRiverside, Calif.

Denise CasselLos Alamos, N.M.

Jenny LongthorneFerndale, Mich.

Donna LoveAvondale, Ariz.

Barbara VargenMartinez, Calif.

Pamela L. SmithChicago, Ill.

Shani DuesCarson City, Nev.

Ellen BuettnerOklahoma City, Okla.

Kelli WilsonCleveland, Ohio

Richard W. Nagel, IPMA-CPOrlando, Fla.

Erika DevineHuntington, Ind.

Sara ImhulseRiverdale, Md.

Gail K. Blankenship, PHRMontgomery, Ala.

Jocelyn PickLomita, Calif.

Ellen SandersRedford, Mich.

IPMA-HR Recognizes New MembersIPMA-HR would like to recognize the following individuals and agencies for recently becoming members.

The IPMA-HR Kentucky Chapter was honored to have Kentucky Lt. Gov.Jerry Abramson, who was recently made an honorary member of theKentucky Chapter of IPMA-HR, speak at a summer meeting of the chapter.Pictured here are Kentucky Chapter IPMA-HR board members with the Lt.Gov. Abramson (center). Tim Longmeyer, secretary of the KentuckyPersonnel Cabinet, is pictured here as well (left).

The Vol. 41, No. 2 Summer 2012 issue of Public PersonnelManagement is now available online. To access it, visit

www.ipma-hr.org, log in using your membership or subscriptionID number, click on the “Publications” tab at the top of the page,and then select “Public Personnel Management.” Select “2012Summer PPM” from the list of archived issues. Contact us byemail at [email protected], or by phone at (703) 549-7100 with any questions. —N

Summer 2012 Issue ofPublic PersonnelManagement Now Available Online

| 26 | AUGUST 2012 HR NEWS MAGAZINE

YTSAFEPUBLICTHE ™STSIALIECPSIONTSELECY ™

WWW.IPMA-HR.ORG AUGUST 2012 | 27 |

IPMA-HR’s website and the Recruiter Services section of IPMA-HR’s monthly magazine, HR News, are both great places for your

job postings. Anyone anywhere can access IPMA-HR’s online jobpostings page, and the magazine is sent out to all IPMA-HRmembers and subscribers at the beginning of each month, whichputs your job in front of roughly 7,000 qualified candidates.

Online job postings are posted for 30 days, while the print classifiedpostings will appear in one issue of HR News magazine. (Currently,IPMA-HR is accepting submissions for the October 2012 issue,which will be sent to members on or about October 1, 2012. Thedeadline for inclusion in the October 2012 issue is August 31.)

The cost to post your job either online, or in HR News magazine, orboth, is just $300 for members of IPMA-HR, or $500 fornonmembers. For more information or to post your job opening,visit www.ipma-hr.org/public-sector-hr-community/job-listings/post-job-listing. —N

IPMA-HR Job Postings: A Great Recruitment Tool

IPMA-HR represents public sector human resources professionalsat all levels—federal, state and local. You rely on our publications

and especially on the monthly HR News and weekly HR Bulletin—to keep informed about what’s happening in the industry and togain knowledge to help establish and promote your own programs.We want your voice to be heard.

HR News covers topics and issues of interest to all public sectoragencies, and we include case studies from all levels of government.We believe that even an example from the largest federal agency hassome practical application for the smallest locality and we hope ourreaders value such content.

However, sometimes we get feedback from our local and state agen-cies that they’d like to see more content specifically relevant tothem. We want to provide that content, and we need to hear fromyou!

We hope you will share with us your experiences, discuss new orinnovative programs and relate challenges your agency has faced.Your firsthand report on your agency’s own experience may provideideas or solutions for other agencies. We encourage all agencies tocontact the editor, Elizabeth Kirkland, at [email protected],and submit a case study to be published in HR News.

Beyond that, we need authors for all of our editorial calendar topics.This year, we’ve covered such topics as compensation and benefits,workforce/succession planning, and HR legal issues. Yet to come areissues covering HR legal issues (October 2012), conflict manage-ment (November 2012) and public sector HR and the economy(December 2012). (Visit www.ipma-hr.org/sites/default/files/pdf/2012MediaKit.pdf to view the 2012 IPMA-HR MediaKit and HR News magazine editorial calendar for a complete listingof editorial topics and deadlines.) If someone in your agency has theexpertise to address any of our editorial calendar topics, contact us.

Let your voice be heard, and share your experiences with your fellowpractitioners by submitting an article for publication in HR Newsmagazine. Contact Elizabeth Kirkland, editor, either by email [email protected], or by phone at (703) 549-7100, ext. 243,for more information or to discuss a topic. —N

HR News Needs Contributions from State, Local Agencies

Have you used IPMA-HR’s listserv lately? It has featureslots of great features: the abilities to see messages by topic

and to post attachments. If you would like to join hundreds ofyour colleagues around the country, please fill out the opt-inform, online at www.ipma-hr.org/DiscussionGroups/optin.Doing so will enable you to receive the Posterous listservmessages once a day, in digest form, or to create an accountwith Posterous and receive listserve messages in your inbox inreal time. —N

Join Hundreds of YourColleagues Around theCountry in Discussionswith Posterous

WASHINGTON UPDATE

| 28 | AUGUST 2012 HR NEWS MAGAZINE

PRODUCTS & SERVICES

August 6 - HR Certificate Program - online onlyDecember 31 Eight-module program designed for new-to-HR

or new-to-public-sector-HR professionalsFor more information, visit www.ipma-hr.org/node/21596, or contact IPMA-HRProfessional Development and ResearchManager Heather Corbin, either by phone at(703) 549-7100, or by email at [email protected].

Sept. 7-12 2012 IPMA-HR International TrainingConference & ExpoRenaissance Nashville Hotel611 Commerce StreetNashville, Tenn.For more information, visit www.ipma-hr.org/professional-development/conferences/2011-ipma-hr-international-conference-expo,or contact IPMA-HR Professional Develop-ment and Research Manager Heather Corbin,either by phone at (703) 549-7100, or by emailat [email protected].

Sept. 26 - Dec. 12 Online Course: DevelopingCompetencies for HR SuccessFor more information, visit www.ipma-hr.org/professional-development/online-courses/developing-competencies-hr-success-online-training, or contact IPMA-HR Profes-sional Development and Research ManagerHeather Corbin, either by phone at (703) 549-7100, or by email at [email protected].

October 15 One-Day Executive EducationWorkshopKnowledge Retention and TransferGreenbelt Marriott6400 Ivy LaneGreenbelt, Md.For more informationabout the workshop,call (240) 684-2413, or visitwww.umuc.edu/grad/knowledge_retention.cfm.

Watch the HR Bulletin and our website—www.ipma-hr.org—for more information on educational opportunities.

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CONTINUED FROM PAGE 20

FMLA leave be accounted for in the smallest increment ofleave used by the employer.

Reasonable Factor Other Than Age – The EEOC publishednew regulations setting forth the agency’s interpretation andposition on the scope of the “reasonable factors other thanage” (RFOA) defense to disparate impact claims under theAge Discrimination in Employment Act. The regulations aredesigned to implement several U.S. Supreme Court decisionsin this area.

Normal Retirement Age – The IRS has delayed until 2015 theimplementation of regulations concerning the normal retire-ment age. The regulations would have required state and localgovernment pension plans to adjust or abandon their use ofyears of service when determining normal retirement age. TheIRS has said it will make appropriate changes to addresspublic sector concerns before finalizing the regulations.

Employing Disabled Veterans – The EEOC issued two newguidance documents focusing on the employment rights ofdisabled veterans. The guidance documents offer a strongstatement by the EEOC that the Commission intends toaggressively enforce anti-discrimination laws that apply toveterans with service-connected disabilities.

A complete list of all the issues IPMA-HR is monitoring is available onthe IPMA-HR website under government affairs. —N

Have you read IPMA-HR’s weekly HR Bulletin lately?IPMA-HR’s electronic newsletter arrives in members’

email inboxes each Friday. This weekly electronic publicationcovers the latest news and keeps you current on trends in theprofession. Read HR Bulletin and

� Tap into the week’s top HR stories.� Stay in-the-know on legislative matters important to the

profession.� Read about what IPMA-HR chapters are doing to enhance

the field of human resources.� Find a professional development course in your area.� Update your calendar.

Questions about the weekly HR Bulletin? Call (703) 549-7100.—N

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