Human Rights minutes May 22, 2019

MAPE / MDHR MEET AND CONFER MINUTES

May 22, 2019

 

 

For the Union:           Brianne Lucio, Heidi Hovis, Audel Shokohzadeh, Shawn Swinson-Stafford (chair), Lenora White, and Manuel Zuniga

 

For Management:      Deputy Commissioner Irina Vaynerman

 

 

1  Procedural topics

Management and MAPE discussed the following procedural topics:

• Commissioner Rebecca Lucero was unable to attend due to other commitments.
• Brianne Lucio had to leave the meeting early due to another commitment.
• Jonathan Wong was unavailable, due to having the day off.

 

2 Hay process / range reassignment / EO3 position

Management and MAPE discussed the following Hay / range-reassignment topics:

• Manuel Zuniga described the pay-inequity presentation that MAPE made to MMB on May 10, 2019.
  • Irina Vaynerman asked Manuel Zuniga who was present to represent MMB.  Manuel Zuniga replied that Dori Leland and Austin l/n/u represented MMB. 
  • Manuel Zuniga noted that MMB asked about EO position descriptions.  Manuel Zuniga also noted that MAPE should receive a response from MMB in mid-June; that in the past, three other groups of MAPE employees made such presentations to MMB (with two groups succeeding and one group not succeeding); and that three other groups of MAPE employees (BCA employees, DOC employees, and State safety coordinators) presented on May 10, 2019.
  • Irina Vaynerman noted that if needed, Management will pursue an expedited Hay process for EO’s.
  • Manuel Zuniga noted that MMB was hung up on position descriptions and wanted to know whether Equity & Inclusion EO’s could easily transfer to Enforcement.  Manuel Zuniga explained to MMB that such moves have happened in the past.
  • Lenora White asked Manuel Zuniga if MMB was trying to assess whether Equity & Inclusion EO and Enforcement EO were two separate positions.  Manuel Zuniga replied that MMB was trying to make that assessment.
  • Brianne Lucio, who had also participated in the 05-10-19 presentation, noted that MMB seemed confused by the fact that Equity & Inclusion EO’s and Enforcement EO’s have the same title (“Enforcement Officer”), but work in different units and have different duties.  Brianne Lucio further noted that she and the other 05-10-19 MAPE participants talked to MMB about the differences between the two types of EO.  Manuel Zuniga noted that MMB seemed fully aware of the difference.
  • Lenora White noted that MMB’s issue appears to be, “Where do we fit you all?”
  • Irina Vaynerman asked about MMB’s response.  Brianne Lucio mentioned having to make a business case to MMB.
• Irina Vaynerman and MAPE agreed that in order to aid Management’s efforts to redraft EO position descriptions, MAPE will contact Amy Johnson (a former EO1 who left an 8L MDHR position for a 14L MDE investigative position that has since gone from 14L to 17L) and ask Amy Johnson to share a copy of Amy Johnson’s position description.  Irina Vaynerman and MAPE agreed that it is important to determine whether there are specific trigger words in that position description that might be relevant to EO position descriptions.
• On the subject of updates from Management, Irina Vaynerman noted that Management is in the middle of redrafting the Equity & Inclusion EO position descriptions to follow a “strategic compliance model.”  Irina Vaynerman elaborated that instead of depending on simply checking boxes on a form, the strategic compliance model focuses on the strategic use of audit resources.
• Irina Vaynerman and MAPE agreed that in addition to obtaining a copy of Amy Johnson’s position description, MAPE will also obtain a copy of the position description of Trevor Boulter, a former EO2 who left a 10L MDHR position for a 12L investigative position at DHS.
• Irina Vaynerman noted that after Management obtains relevant PD information, Management would like to call MMB, mention having strong EO PD’s, and ask whether MMB needs anything else from MDHR.  Management wants to get MMB involved relatively early.
• Irina Vaynerman noted that Management has asked HR to identify people to be on a Hay panel.
• Manuel Zuniga asked Irina Vaynerman if Management has everything Management needs from MAPE.  Irina Vaynerman replied that Irina Vaynerman thinks so.
• Audel Shokohzadeh asked what would happen if, in the course of identifying appropriate keywords for revised EO PD’s, some of the words turned out to be problematic, in terms of signifying bias of some sort.  Irina Vaynerman replied that Management hopes to identify any language that might be biased.  Irina Vaynerman noted that Management wants to capture appropriate trigger language, but not use any problematic language.
• Irina Vaynerman noted that Management is having active conversations with MMB about Management’s recruitment preferences, such as not wanting MMB to screen out a candidate based on MMB’s determination that the candidate’s degree is not in a related field.
• Shawn Swinson-Stafford asked Irina Vaynerman for Management’s thoughts about creating an EO3 position.  Irina Vaynerman replied that Management is still exploring this possibility.  Irina Vaynerman added that MAPE can send any related suggestions to Management.
• Shawn Swinson-Stafford asked Irina Vaynerman about Management’s timeline for revising the EO PD’s.  Irina Vaynerman replied that Management should be done in the next couple of weeks.
• Management and MAPE discussed the Process-and-Partnership e-mail message that Management sent on 05-20-19, specifically the message’s provision that supervisors will start reviewing NPC determinations.  MAPE was concerned about this provision because one of MAPE’s arguments in requesting range reassignments is that Enforcement EO’s have a high degree of autonomy, as shown by the fact that Enforcement EO’s issue NPC determinations without supervisory review.  Irina Vaynerman explained that the purpose of supervisory review would be to have second pair of eyes review the determinations for typos and such.  Irina Vaynerman noted that the purpose is not to undercut MAPE’s argument about EO autonomy, and that Management actively supports MAPE’s efforts to get higher pay ranges for EO’s.
  • Manuel Zuniga noted that the mention of supervisory review of NPC determinations raised some EO concerns, as Management had not previously indicated that there was any systemic problem with the quality of the NPC determinations.  Manuel Zuniga also noted that reviewing NPC determinations would create a large workload for the supervisors, and that EO’s are wondering if NPC reviews are a solution searching for a problem.
    • Irina Vaynerman replied that NPC reviews are not meant to be a passive-aggressive way of communicating that the NPC determinations are lacking.  Rather, the reviews are meant to be a layer of support.
    • Lenora White noted that EO2’s used to review the NPC determinations of EO1’s.
    • Manuel Zuniga noted that as many Enforcement EO’s tend to submit the bulk of their cases at the end of the month, having NPC reviews will affect productivity and production by creating a bottleneck at the end of the month.  Manuel Zuniga further noted that a bottleneck of this nature occurred when the Legal Unit started closely reviewing determination memos.
    • Heidi Hovis noted that a Legal Aid, Heidi Hovis and a paralegal would work together and use coworkers to do quick once-overs of written work.  Heidi Hovis further noted that as a result of this practice, it was unnecessary for Heidi Hovis and her colleagues to send work up the chain of command.
    • Irina Vaynerman noted that Irina Vaynerman will talk to the Enforcement Supervisors about the process.
    • Audel Shokohzadeh proposed the possibility that MDHR could hire an Admin person to proofread written work.  Irina Vaynerman acknowledged this proposal and noted that the end of the month is a busy time for most staff members.
    • Lenora White noted that Lenora White has proposed to MDHR Enforcement Supervisor Asuquo Ekpenyong and MDHR General Counsel Peter Zuniga that if MDHR hires another EO2 or hires an EO3, that person should be an editor.  Lenora White also noted that MDHR should rely on the appeals process for quality control, given that when a CP appeals a flawed NPC memo, Management will make the EO aware of the flaw(s) and, if appropriate, remand the case for further investigation.
    • Irina Vaynerman noted that the point of having two supervisors is that it creates a greater level of supervision, in that each of the two supervisors will have fewer subordinates than the original one supervisor had.  That way, employees will receive more support.
    • Lenora White proposed that any EO who is staffing an MDHR satellite office should be an EO3, as the EO has to represent MDHR in a wider range of facets than an EO in St. Paul has to.
    • Irina Vaynerman noted that Irina Vaynerman will take MAPE’s suggestions back to the rest of Management.  Irina Vaynerman also noted that Management wants to collaborate with MAPE and does not want relations between Management and MAPE to be adversarial.

 

3  Carry over of comp time

Management and MAPE discussed the following comp-time topics:

• Shawn Swinson-Stafford explained that historically, former Deputy Commissioner Rowzat Shipchandler would approach Shawn Swinson-Stafford in May or June and ask Shawn Swinson-Stafford to have MDHR’s MAPE staff members vote on carrying over comp time to the next fiscal year vs. having Management pay out comp time.  Shawn Swinson-Stafford also explained that the prior management team would only let MAPE choose collectively, as opposed to allowing MAPE employees to choose as individuals.
• Irina Vaynerman noted that Management has not decided yet whether to allow MAPE employees to decide-as individuals-whether to carry over their comp time vs. having Management cash it out.

 

4 Griggs move

Management and MAPE discussed the following topics related to MDHR’s anticipated move to the Griggs Building:

• Shawn Swinson-Stafford asked if it was correct that Management has confirmed that MDHR’s anticipated work area will be free of asbestos, lead, and other toxic materials.  Irina Vaynerman replied that there are provisions for these concerns in the lease, requiring the landlord to ensure that MDHR’s work area will be free of such materials.
• Irina Vaynerman noted that Irina Vaynerman has worked with MDHR Management Analyst Sharon Whitmore on processes related to the move.  Irina Vaynerman also noted that MAPE does not have to wait for MAC meetings to ask questions related to the move.

 

5 Improving communications between EO’s and the Admin staff

Management and MAPE discussed the following communications topics:

• Shawn Swinson-Stafford explained that although EO’s like and respect the Admin staff, there have been a few communication gaps between EO’s and the Admin staff.  Shawn Swinson-Stafford explained that such gaps can create the perception that an EO does his/her job poorly which, in turn, can negatively affect an EO’s ability to get promoted.
• Irina Vaynerman noted that Management is willing to look at this issue.
• Audel Shokohzadeh noted that at all-staff meetings, Audel Shokohzadeh purposefully sits next to staff members that Audel Shokohzadeh does not know well, in an effort to become better acquainted with them.  Lenora White noted that the Community Action Team is working on the issue of having staff members become better acquainted with each other, but that the Community Action Team is not sure whether to implement related changes now vs. doing so after MDHR moves to the Griggs Building.

 

6 Training and development

Management and MAPE discussed the following training / development topics:

• Shawn Swinson-Stafford noted that as Management has announced that ELI training won’t be available to MDHR employees this year, MAPE wants to know what training opportunities Management has in mind for employee development.
• Irina Vaynerman explained that Management wants to have training opportunities for all staff members, as opposed to just one or two staff members.
• Irina Vaynerman noted that the Training Action Team is working on this issue.
• Irina Vaynerman noted that given MDHR’s limited resources, MDHR has to put ELI training on pause.
• Manuel Zuniga noted that ELI training is held in high regard throughout the State of MN enterprise.  Irina Vaynerman replied that Management is now aware of the prestige that ELI training carries.
• Audel Shokohzadeh asked Irina Vaynerman if Management has had any conversations with MMB about the impression that MDHR-specific training will make on other agencies within the enterprise, in the event that an MDHR employees seeks opportunities elsewhere within the enterprise.  Irina Vaynerman acknowledged that this was a good point, but noted that Management has not decided on it.  Irina Vaynerman also noted that Management has ruled out ELI training just for this year, not necessarily for the future.  Irina Vaynerman further noted that Management wants employees to be able to obtain training opportunities that would be impressive on their résumés.
• Manuel Zuniga noted that it would be helpful if employees could have trainings that would be valuable throughout the enterprise.
• Shawn Swinson-Stafford asked Irina Vaynerman if-aside from annual performance reviews-Management contemplated any ways by which an employee could learn if he/she needed to improve.  Irina Vaynerman replied that weekly check-ins between employees and supervisors will help with this issue.  Irina Vaynerman noted that several individuals in Management have started conducting weekly check-ins.

 

7 Enforcement Supervisor Christina Schaffer’s former EO2 position

Management and MAPE discussed the following EO2-staffing topic:

• Shawn Swinson-Stafford asked Irina Vaynerman if Management has decided whether Management is going to fill Christina Schaffer’s former EO2 position.  Irina Vaynerman replied that Management will consider this issue in terms of Management’s budget and that Management has no fixed answer yet.

 

8 Tentative scheduling of next meeting

• Management and MAPE tentatively agreed to meet from 10:00 AM – 11:00 AM on Tuesday, July 9, 2019, but acknowledged that this date might have to change due to MDHR’s moving preparations.