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State Personnel Board Meeting Minutes

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					                                        New Mexico
                                   State Personnel Board
                                       State Personnel Office
                                           Post Office Box 26127
                                            2600 Cerrillos Road                                    SANDRA K. PEREZ
 BILL RICHARDSON
    GOVERNOR                         Santa Fe, New Mexico 87505-0127                                  DIRECTOR
                                              (505) 476-7759
MARY LOU CAMERON                                                                                    TERRI HOLLAND
  BOARD CHAIR                                                                                      DEPUTY DIRECTOR
                                            State Personnel Board Meeting
                                       African American Performing Arts Center
                                                  310 San Pedro NE
                                                                                                     SEAN FITTING
   RAY CAMP                                    Albuquerque, NM 87108
                                                       9:00 am                                     DEPUTY DIRECTOR
BOARD VICE-CHAIR
                                                    April 25, 2008

                                                      MINUTES


          I.   This meeting of the New Mexico State Personnel Board was called to order by Chair, Mary Lou
               Cameron at approximately 9:00 a.m., on the above-cited date at the African American Performing Arts
               Center, Albuquerque, New Mexico.

                   Pledge of Allegiance                         Mary Lou Cameron

                   Roll Call
                   Following the Pledge of Allegiance Director Sandra Perez called roll and a quorum was established
                   with the following members present:

                            Mary Lou Cameron
                            Ray Camp
                            Gene Valdes
                            Phil Ewing


               Chair Cameron thanks Ms. Espinoza for the use of the facility. Ms. Espinoza welcomes the State
               Personnel Board members to the African American Performing Arts Center.

                   Approval of Minutes
                   Upon motion by Member Camp and seconded by Member Valdes, the minutes for March 14, 2008
                   were approved by unanimous voice with changes.

                   Approval of Agenda
                   Upon motion by Member Camp and seconded by Member Valdes, the agenda was approved by
                   unanimous voice vote.


    II.        Director’s Report

               Mr. Dominic Garcia, State Personnel Office Chief of Staff, gave the Board an update on staffing stating
               that the office has seven (7) vacancies. Mr. Garcia informed the Board that new employees for the
               State Personnel Office are Alicia Valdes, Justin Mount, Edward Ortega, Renea Rodriguez, Mary Ellen
               Trujillo, and Vanessa Redwin.

               Mr. Garcia informed the Board that he, Director Perez, and Mr. Justin Najaka recently went to the state
               of Nevada to speak to their legislators about the Hay System. He stated that they toured the Personnel
               Office of Nevada and that they were informed that the state of Nevada does not have a formal way to
               measure jobs and that they are in a financial crisis with 1700 positions being given increases without
               proven justification.

               Mr. Garcia stated that the New Mexico State Personnel Office suggested that they approach their
               problem in the budget process. He also mentioned to the Board that SPO has been contacted by the
               state of Kentucky in regards to job measurements as well.
Ms. Andrea Rivera-Smith, State Personnel Office Single Point of Contact, gave the Board an update on
the Children, Youth and Families facility that will be closing at the end of May. She stated that the
facility services juvenile youth and is located in Alamogordo. Furthermore, the lease has been expired
and the city of Alamogordo will not be renewing the lease.

Ms. Rivera-Smith reminded the Board that two employees had found employment within CYFD and that
SPO was partnering with other state agencies to assist the existing eight employees in their job
searches. She informed the Board that two additional employees have been hired at the John Paul
Taylor Center within CYFD and one employee had found employment outside of state government.

She further stated that the five remaining employees have been very active in their job searches and
state agencies have been very cooperative in working with SPO and granting interviews and
considering these employees when making their selections. Ms. Rivera-Smith also informed the Board
that if the remaining five employees do not find employment within the next month, CYFD will be
presenting their Reduction in Force plan for the Boards’ review/approval at the next board meeting in
                                                                                       th
June. CYFD also has agreed to extend the employee’s employment until June 30 so SPO will
logistically have time to present and carry out the lay off plan if necessary.

Mr. David Morton, State Personnel Office Labor Relations Bureau, stated that this past February the
bureau began offering a one day course “Living in a Union Environment” to managers and supervisors.
The course is designed to help managers and supervisors with real world problems like grievance
handling, disciplinary investigations and employee evaluations. Mr. Morton further stated that they have
offered the training on five dates and trained 140 people from various agencies. The evaluations and
comments they have received from those attending have been very positive. He informed the Board
that they have fully booked classes to be held at SPO through the end of summer and the bureau will
be taking the training to agencies, Human Services Department & Division of Vocational Rehab, in
Albuquerque and to Miner’s Colfax Medical Center in Raton over the next two months.

Mr. Morton informed the Board that the total number of grievances and PPCs are down about 30% for
the quarter. Agencies are conducting face-to-face meetings to understand the issues and trying to find
resolution at the lowest possible level.

He also stated that the Labor Relations Bureau has done two arbitrations and received a very favorable
ruling in the Area 1 arbitration. They are in the process of final preparation and expect a favorable
ruling on the other scheduled arbitration for next week. They also received a favorable ruling from the
PELRB regarding the PPC about being able to arbitrate discipline. He informed the Board that AFSCME
has appealed this to District Court and opening briefs have been submitted.

Mr. Morton explained that while the number of issues has decreased, the level of difficulty has gone up.
The recent arbitrations and PPCs are examples of how the increased difficulty of the issues, and
confidence of both labor and management have led to more litigation.

Director Perez informed the Board that CWA and AFSCME filed a PPC complaint regarding the FY09
pay increases. She stated that the unions want complete funding for collective bargaining employees
first and then all other state employees.

Member Valdes asked Mr. Morton how many supervisors are in state government to which Director
Perez replied,1,381.

Member Valdes asked how many supervisors were going to be trained on “Living in a Union
Environment” and Director Perez answered that by FY10, larger agencies will go through Train the
Trainer programs and that in FY09, 63% of all supervisors will be trained.

Member Valdes stated that there may be problems with that plan and suggested training the southern
part of the state.

Mr. Morton informed the Board that the training has already taken place in Raton, Santa Fe, and
Albuquerque.

Member Valdes suggested that SPO start tracking the number of supervisors compared to the number
of grievances filed by agency. Director Perez agreed that this would be a good time to start such a
report.

Chair Cameron asked if training is voluntary to which Director Perez stated that training is not
mandatory but is strongly suggested.

Member Camp suggested that training could be done for four counties at one location and would be
beneficial.

Mr. Leonard Padilla, State Personnel Office Chief Law Judge, gave the Board an update on the
Adjudication Bureau stating that for the calendar year of 2007, they had 126 cased filed which is down
form 132 filed in 2006. They had 14 cases go to Alternative Dispute Resolution with 3 being settled by
       ADR. Mr. Padilla stated that for the first quarter of 2008, they have had 29 cases filed, 28 cases that
       were disposed of and 2 cases settled by ADR.



III.   State Fair Memorandum of Understanding


       Mr. Stuart Hamilton, State Personnel Office Single Point of Contact, introduced Secretary Betty Doris,
       Dept. of Workforce Solutions, who thanks SPO and the Director along with Mr. Hamilton for all their
       assistance. Ms. Doris spoke to the Board about the vision of the Department of Workforce Solutions
       stating that their mission is to have a world class market driven service organization. She informed the
       Board that the department is in the process of reorganizing to have five new divisions and she is looking
       forward to the future of the Department.

       Mr. Hamilton requested that a new Memorandum of Understanding between the State Personnel Office
       and the State Fair be drafted and made indeterminate to include a termination clause.

       Upon motion by Member Valdes and seconded by Member Ewing, the indeterminate MOU for the State
       Fair was approved by unanimous voice vote.

       Director Judith Espinoza, Expo New Mexico, welcomed the Board to the African American Performing
       Arts Center and spoke to them about the history of the New Mexico State Fair and informed them that
       EXPO New Mexico is celebrating their 70th anniversary this year.

       The Board took a break from approximately 10:30 a.m. to 10:45 a.m.


IV.    FY09 Operating Budget

       Mr. Anthony Sandoval, State Personnel Office Administrative Services Bureau Chief, introduced Mr.
       Richard Blair, Department of Finance and Administration, to the Board and informed the Board of the
       FY09 Operating Budget stating that the State Personnel Office can not BAR over 2%. Mr. Sandoval
       further stated that the total appropriations is 4,694.8 and includes the compensation package.
       However, it does not include the Governor’s Career Conference. Mr. Sandoval explained that the total
       in the General Funds Transfers category is 4,754.8 and includes the Governor’s Career Development
       Conference. He further explained that in the Personal Services category there is 4,342.8 and 36.5 in
       contractual services and 375.5 in the Other category. Mr. Sandoval stated that there is a total of
       4,342.8 in Personal Services and Employee Benefits.

       Mr. Sandoval informed the Board that the State Personnel Office was operating with an 8.3% vacancy
       rate.

       Upon motion by Member Camp and second by Member Ewing, the FY09 Operating Budget was
       approved by unanimous voice vote.

V.     Quality Assurance Recruitment and Selections

       Mr. Bobby Griego, with his very proud parents in attendance, gave the Board an update on the
       Selection and Hiring Process Review. He stated that this review was approved by the Board as part of
       the FY08 QA annual work plan in the summer of 2007.

       The objectives of the review were to determine how agencies advertise for positions (original position
       entry) and if the employment lists produced by SHARE are useful to hiring agencies in ranking
       candidates; assess agencies’ interview and hiring methodology in determining a final hiring selection
       from the applicant pool; examine agencies’ documentation of the hiring process, and to determine if
       SPO has provided agencies with the necessary training and guidance in the interview and hiring
       process.

       Mr. Griego continued to say that essentially, these objectives roll up into what is working well and poorly
       in SHARE (Recruitment Solutions) with respects to recruitment and selection; what is the level of
       defensibility of agencies’ hiring selections and what role SPO plays in assisting agencies in this.

       He stated that it must be understood that the concept of hiring the “most qualified” candidate is a slightly
       incorrect concept. An agency’s goal is to hire the “best fit” or “most suitable” candidate. However, the
       baseline expectation to be the “best fit” or “most suitable” is that the candidate must at least meet the
       “established requirements” based on what was advertised for the job, and (DEFINITIONS 1.7.1.7
       NMAC (Q)) and additionally possess the intangible qualities that an agency determines are important
       and indicative of being successful in the position – this is usually determined through the interviewing
       process
      He also stated that it must also be understood that it WAS NOT one of the goals of this review to
      determine if agencies hired the “right” or “wrong” person – selection is an agency level decision. The
      only thing that can be determined is, based on DOCUMENTATION, if an agency followed a fair,
      consistent, and justified process that should equated selection defensibility.

      The major Observations of the review are as follows:

      Major Observations.


1.    Statewide recruitment efforts by SPO and agencies are passive – a documented collaborative
      recruitment plan does not exist.

      Essentially, there is no documented approach at SPO OR a documented comprehensive collaborative
      approach between SPO and the agencies that addresses actively recruiting candidates statewide. The
      primary method for recruitment is through advertisement on SHARE (Recruitment Solutions module).
      Other efforts are piecemeal and are individually conducted either by agencies or by SPO – however not
      in collaboration to achieve optimal recruitment success.


2.    The only viable method for applying for classified state employment is on-line through
      SHARE/Recruitment Solutions. No alternative method exists.

      Presently, the only way an applicant can apply for state government employment is to apply through
      Recruitment Solutions of SHARE. This can be done by applicants applying on their own on-line or
      receiving assistance from SPO staff either telephonically or in person. However, if in-person assistance
      is needed, an applicant must come into SPO’s main office in Santa Fe as SPO does not have field
      offices throughout the state.

      While computers are available around the state, staff at these non-SPO facilities does not provide
      application assistance and there can be limitation on the computers such as time limitations or the use
      of flash drives, etc. However, ultimately ALL applications for classified service must be processed in
      Recruitment Solutions. This fact alone may provide an inequitable situation for applicants that have
      limited computer skills, limited computer and internet access, and New Mexico residents that reside in
      isolated and rural areas.

3.    SHARE generated employment lists are of little value to agencies in determining which applicants to
      interview.

      For numerous reasons, the employment lists provided by Recruitment Solutions are not useful to
      agencies, and the points associated with the SPO screening process have little or no value to agencies
      in determining which applicants to interview and ultimately hire.

      Further analysis of the reasons agencies gave for having placing little value in the points on the
      employment lists, indicates that there are mitigation strategies;

      However additional resources and funding may need to be appropriated to assist in these matters.
      Given this, there is a certain portion of the recommendations given here that are outside SPO’s level of
      authority. To be clear, without these additional resources and funding, it is unlikely Recruitment
      Solutions will ever reach its optimal operable capacity.

      Given all of this, SPO is currently meeting the letter of the law by providing ranked lists, however, may
      not be meeting the spirit by providing helpful and valuable lists to agencies.

4.    Agencies generally followed the Personnel Act, Personnel Board rules, and established HR best
      practices during the recruitment, interview, selection, and hiring process.

      In reviewing the files provided by the agencies, it could be determined that for the items being checked
      for, they are generally following statute, Board rule, and HR best practice. For example:

      o   To a large degree the same (consistent) questions were asked of each candidate
      o   To a large degree interview notes were taken and present for both selected and non-selected
          candidates
      o   To a large degree written justifications for the selected candidate were completed and present

 5.       Many agencies policies regarding recruitment, interviewing, selection, and hiring are outdated and
          do not reflect the changes associated with SHARE      implementation.

      o   Many of the agencies policies and procedures regarding recruitment, interviewing, selection, and
          hiring were outdated and did not reflect the overall systemic changes in recruitment since the
          implementation of SHARE.
      o   To be fair, these updated policies and procedures were not requested by SPO – the last time SPO
          requested these was in 2003.
      o   However, to some agencies credit they have taken the initiative to update their policies or initiate
          drafts of updated policies

6.        Agencies generally followed the Personnel Act, Personnel Board rules, and established HR best
          practices in the hiring process contributing to overall candidate selection defensibility with relatively
          few exceptions.

      o   Overall, agencies did well in documenting the key elements in a hiring decision which contributes to
          the defensibility of the selected candidate. These key elements can be seen at the top of in the
          bullets.
      o   Questions were pre-planned and followed HR best practice in format, they were documented.
          Notes were taken on each candidate and maintained for later review. Justifications for the selected
          candidate were documented and maintained.
      o   These elements contribute to selection defensibility.

7.        Agencies were not consistently conducting reference checks, education validations, or licensure
          verifications.
      o   The one exception to agencies documenting their selections well was most agencies needed
          marked improvement in consistently conducting reference checks, education validation, and
          licensure verification.

8.        Many agency staff that conduct interviews have not been trained on proper interviewing techniques.

      o   Very few agency staff that conduct interviews have received proper interview technique training.
          One sample agency had its own training bureau that provided this training but participation was
          very low. The others relied on outside training, which to a large extent they were not receiving. Or
          their HR unit could not confirm training had been received.
      o   Agencies need to make sure proper interviewing technique training becomes a priority for those
          conducting interviews – especially since the interview process is a key element in an agency
          determining “Best Fit” or “Most Suitable”.
      o   SPO provides a module in their Fundamentals of Supervision course that covers interviewing.

9.        SPO’s guidance efforts to agencies are largely sufficient, however need improvement               in
          consistency.
      o   For the purposes of the report, guidance was divided into two types – indirect and direct.
      o   Indirect – is assistance that SPO puts on its website that allows agencies and the public to acquire
          information without actually having to call and speak with SPO staff.
      o   Direct – is assistance SPO provides through communication to agencies – usually telephonically, e-
          mail, or in person meetings.
      o   While SPO is providing a great deal of guidance through its website and direct communications,
          more consistency in communicating this information timely and detailed fashion is needed.

10.       SPO is meeting its training requirement; however it is providing inconsistent          guidance in the
          recruitment and hiring process.

      o   SPO is meeting Governor Richardson’s Performance and Accountability initiative measures and
          providing the required training
      o   Some agencies stated they do not always receive timely responses to their inquiries and the
          responses they receive are not always consistent.


          Chair Cameron stated that the information Mr. Griego provided was very valuable for agencies.
          Member Camp agreed. Member Valdes stated that this was a landmark document and an
          excellent answer to critics about the State Personnel Office being able to analyze itself.
          Member Valdes also stated that agencies need to provide guidance on reference checking. He
          further stated that some difficult cases before the Board could have been avoided with reference
          checks and that it is negligent for agencies not to check references.

          Member Valdes thought that the Board should consider a rule to make reference checking a
          requirement.

          Member Ewing stated that the review gives a good perspective.

          Director Perez agreed that the report provided valuable information and complimented Mr. Griego
          and his handling of the review. She stated that executive management in the SPO office will look at
          and review all recommendations and determined which are achieved by SPO, which require
          outside entities involvement (e.g. DOIT) and envisions that the Agency Recommendations will be
          something that the Single Point of Contact teams can work on. She stated that SPO will come back
          to the Board as the responding Agency head, as the one that was audited, with a plan related to
          those recommendations that we accept or might reject along with a timeline to include any and all
           rule changes. With that plan there would be a follow up review by Mr. Griego and the QA Bureau to
           make sure SPO did what they said they’d do.

           Chair Cameron agreed that the office needs a chance to review the recommendations.

           Upon motion by Member Camp and seconded by Member Ewing the selection and hiring process
           review was adopted by unanimous voice vote with recommendations and/or any rule changes to
           follow.

VI.    Financial Classification Study


           Mr. Justin Najaka and Cliff McNary, State Personnel Office Compensation Design and Analysis
           Bureau, recommends that the State Personnel Board approve the proposed financial classification
           descriptions and pay bands. He stated that prior to the 2001 classification consolidation, the
           financial classification series suffered from outdated job content, superfluous levels of job families,
           and unused titles. In brief, the series requires being brought in to the “modern era” such that new
           classification descriptions will again accurately describe the work being performed in state
           government. Furthermore, he stated that following 2001, several titles were consolidated into sole
           classifications that were too “generic” to accurately capture the specific work being performed in the
           separate accounting and auditing disciplines. Arguably, those two job families function
           independently as important components of the state budget process.

           Mr. Najaka stated that in September 2007, the job descriptions and their levels were evaluated
           through Hay Job Measurement Methodology which identified job evaluation pay band assignments.
           Mr. Neville Kenning from the Hay Group facilitated this job evaluation. He informed the Board that
           this classification study will affect 1,642 FTE and 1,419 employees. Based on the position-to-
           position crosswalk, only six employees fall below the minimum of their proposed new pay band.
           In accordance with 1.7.4.11.C subsection 2 of NMAC, the cost to bring them to minimum is
           projected to be $5,116.80.

           Mr. Najaka informed the Board that Director Perez will not set an implementation date until she
           meets with the Department of Finance and Administration.

           Upon motion by Member Ewing and seconded by Member Camp the Financial Classification Study
           was approved by unanimous voice vote.

VII.      HR Council Report
          Mr. Art Hassel, HR Council Co-Chair, informed the Board that the Council has had 2 HR Council
          Meetings since the last Board Meeting: March 19, and April 16, 2008. Council Meeting highlights
          include:

           Ellen M. Driber-Hassall, Director of Albuquerque and Kirtland Air Force Base Campuses for
           Webster University and Gerontologist presented Recruit, Retrain, Retire: The Cost of Human
           Capital. This examined the costs employers encounter with an aging workforce. It examined
           perceptions and realities attached to having mature workers as employees. Specifically, it
           examined the differences in the Baby Boomer generation and how our current workforce has
           developed into what employers are facing today. The presentation covered how and why “agency
           brain drain” occurs and what smart employers are doing to combat it. In conclusion, the
           presentation suggested there are low cost efforts employers can begin invoking now to help
           themselves in addition to the federal legislative issues which need to be explored.

           Ross Burkstaller, Vice Pres., and Program Mgr-NM 529 College Savings Plan, with Oppenheimer
           Funds presented “The Education Plan (529 College Savings Plan): Start Saving for Tomorrow—
           Today”. Information included how to enroll in this program and save on taxes as you save for the
           education expenses of your qualified dependents.

           Ray Singer, Program Manager, Cooperative Programs, NM Environment Department presented
           Recordkeeping Updates on the OSHA 300 Log of Work-Related Injuries and Illnesses. Information
           included how to complete the 300 Log, when and for how long it needs to conspicuously posted,
           which work-related injuries and illnesses are reportable, when is an injury or illness considered
           work-related, what additional criteria needs to be reported, what is medical treatment, what is first
           aid; how to calculate injury and illness incidence rates, and how to find the online version of the log
           on the federal OSHA website.

           David Selvage, MHS, PA-C, Epidemiology & Response Division, Department of Health, presented
           Employee Health: “Infectious Disease Surveillance and Notifiable Condition Reporting”. Information
           included how and to whom information needs to be reported; emergency reporting requirements
           and the type of infectious diseases that are reportable; routine infectious disease reporting; which
           infectious diseases in animals need to be reported; reportable environmental exposure illnesses
           and injuries. This was a good follow-up to the previous presentation as some of these cases need
           to be reported on the OSHA 300 Log.
            Nancy Bearce, Co-Interim Manager Employee Benefits Bureau, Risk Management Division,
            presented an update on Open Enrollment for the FY2009 benefit plan year.

            David Banes, SHARE Team, DFA HCM Lead, presented an update on new TIPS for processing
            reclassifications, multiple components of pay, and direct hire transactions in PeopleSoft.

            A Royal Thank You to a Class Act! At long last, the Co-Chairs of the HR Council Recognized
            former Co-Chairs Shirley Baker and Lynette Paulman-Rodriguez for all the wonderful works they
            did as co-chairs and for what they continue to contribute to the Council by serving on several
            Council subcommittees. As if we needed to prove this point…..

            Shirley Baker, HR Manager, NM Department of Game and Fish, and Lynn Chick, Data Specialist,
            DoIT from the Reports and Training Subcommittee gave us an update on the work of this
            committee to research and proof literarily hundreds of PeopleSoft information queries. Shirley also
            continues as Chair of the HRC’s Rules Committee and continues to hold monthly meetings.

            Marlene K. Schwalje, President/CEO Infinite Resolutions, LLC, and David Larson, NNMHRA
            Legislative Chair, and former State Personnel Office Administrative Services Director from the
            Northern New Mexico Human Resources Association presented information on the benefits of
            membership in this Society for Human Resource Management affiliated chapter.

            Justin Najaka, State Director of Compensation, State Personnel Office updated the Council on the
            FY2009 Pay Package

            Jim Cooper, Training Specialist, State Personnel Office provided us with a training update, asked
            for HR needs and alerted us that a survey was forthcoming on this very subject; he also alerted us
            to new training on hiring practices, behavioral interviewing, and managing quality customer service.

            Greg Molecke, Program Manager, Executive MBA Program UNM Anderson School of Management
            Executive MBA Program and Mickey Byrd, Director informed us on the offerings of this school in
            degree and certificate programs such as the SHRM preparatory Human Resource Management
            course, and the Executive MBA Program, geared to working professionals, that provides this
            degree in two years by attendance every other weekend on Friday afternoons and Saturday
            mornings.

VIII.   General Public Comment

            There was no public comment.

IX.     Executive Session
           Chair Cameron moved to go into Executive Session pursuant to NMSA 1978, Section 10-15-1 (H) 2
           and 3 to discuss the following personnel matters and appeals:

            Chavez v. NM Department of Corrections: Docket No. 07-060;
            Carbajal v. NM Children, Youth and Families Department; Docket No. 07-087;
            Garcia v. NM Human Services Department; Docket No. 07-092;
            Richards v. NM Developmental Disabilities Planning Council, Docket No. 07-109; and
            Lopez v. NM Department of Health; Docket No. 07-063;
            Sizemore v. NM Dept of Labor; Docket No. 03-053.

            Member Ewing seconded the motion with members Camp, Cameron, Ewing and Valdes
            voting in the affirmative.

            The Board met in Executive Session from approximately 12:00 a.m. – 12:30 p.m.

            The matters discussed in closed session were limited to those specified in the motion to
            close.

            After careful consideration of the proceedings and the Administrative Law Judge’s
            recommendations regarding, Chavez v. NM Department of Corrections: Docket No. 07-060
            Member Camp moved to adopt the ALJ’s recommended decision. Chair Cameron seconded the
            motion. The motion passed by unanimous voice vote.

            After careful consideration of the proceedings and the Administrative Law Judge’s
            recommendations regarding, Carbajal v. NM Children, Youth and Families Department; Docket No.
            07-087 Chair Cameron moved to adopt the ALJ’s recommended decision. Member Camp
            seconded the motion. The motion passed by unanimous voice vote with Member Valdes recusing
            himself and abstaining from the vote.
           After careful consideration of the proceedings and the Administrative Law Judge’s
           recommendations regarding, Garcia v. NM Human Services Department; Docket No. 07-092
           Member Valdes moved to adopt the ALJ’s recommended decision. Member Camp seconded the
           motion. The motion passed by unanimous voice vote.

          After careful consideration of the proceedings and the Administrative Law Judge’s
          recommendations regarding, Richards v. NM Developmental Disabilities Planning Council, Docket
          No. 07-109 Member Camp moved to deny the motion for cause. Member Valdes seconded the
          motion. The motion passed by unanimous voice vote.

          After careful consideration of the proceedings and the Administrative Law Judge’s
          recommendations regarding, Chavez v. NM Department of Corrections: Docket No. 07-060
          Member Camp moved to adopt the ALJ’s recommended decision. Chair Cameron seconded the
          motion. The motion passed by unanimous voice vote.

          After careful consideration of the proceedings and the Administrative Law Judge’s
          recommendations regarding, Lopez v. NM Department of Health; Docket No. 07-063 Member
          Valdes moved to adopt the ALJ’s recommended decision with changes to Findings of Fact to state
          that Lopez is entitled to progressive discipline in the matter of her discipline of a five day
          suspension. Member Camp seconded the motion. The motion passed by unanimous voice vote.

          After careful consideration of the proceedings and the Administrative Law Judge’s
          recommendations regarding, Sizemore v. NM Dept of Labor; Docket No. 03-053, Chair Cameron
          moved to adopt the ALJ’s recommended decision. Member Camp seconded the motion. The
          motion passed by unanimous voice vote with Member Valdes recusing himself and abstaining from
          the vote.


X.     Litigation Update


           Mr. Leonard Padilla, State Personnel Office Chief Administrative Law Judge, informed the Board
           that Mr. Lorenzo Sotelo, AFSCME Representative, had been sanctioned and prohibited from
           representing appellants through August 8, 2008. Mr. Padilla further informed the Board that Mr.
           Sotelo signed a motion on April 15, 2008. Mr. Padilla wrote Mr. Sotelo a letter informing him of the
           violation of the sanction and asking him to desist from violations and that this incident would be
           reported to the State Personnel Board today. Mr. Padilla stated that as of yet, he has not received
           any response from Mr. Sotelo or the Executive Director of AFSCME.

           Director Perez informed the Board that Mr. Rob Trombley, staff member for AFSCME, informed her
           that Mr. Sotelo was acting on his orders and that he didn’t realize the violation.

           Chair Cameron stated that she is very disappointed and that this action was a blatant disregard for
           what the Board ordered. Chair Cameron also stated that the Board may want to reconsider the
           length of time to sanction against Mr. Sotelo.

XI.    Other Business                          Next Scheduled Meeting date: June 6, 2008 – Santa Fe

XII.   Adjournment of Board Meeting

           Upon motion by Member Camp and seconded by Member Valdes, the meeting was adjourned at
           approximately 12:45 p.m.


                                                                 Approved by:


                                                                 Chair Cameron
                                                                 State Personnel Board
           Attest:




           Sandra K. Perez

				
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