July 2011 issue of HR News magazine - IPMA

HRN
THE MAGAZINE OF THE INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION FOR HUMAN RESOURCES
JULY 2011
EWS
Labor-Management
Cooperation and
Negotiating
with Unions

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States throughout the country have battled over labor issues
throughout the years, but recently, those battles seem to have
gotten a bit more heated.
As Amanda Cuda writes in her article “Unions and Collective
Bargaining: A Prickly Situation for Many Organizations” (page 10),
“In most cases, the greatest animosity has been expressed by unions,
who see right-to-work as an attack on organized labor.” Last month
in Maine, for example, when a public hearing on a right-to-work bill
took place, hundreds of union workers from the public and private
sectors turned up to protest.
That and other similar issues regarding labor-management
cooperation and negotiating with unions are discussed throughout
this month’s focus.
“What the future holds is anyone’s guess,” writes Arthur L. Finkle,
in his article, “Public Unionism: 2010 Aftermath” (page 7), in which
he gives a brief history about public sector unionism.
In addition to the focus, don’t miss this month’s Managing People in
Tough Times column, “Is Performance Management Broken?” by
William Wilder and Howard Risher, Ph.D. (page 20). In their
article, Wilder and Risher call to mind Elaine Pulakos’ and Ryan
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FROM THE EDITOR
O’Leary’s article, “Why is Performance Management Broken?”
which was published in Vol. 4, Issue 2 (June 2011) of the journal,
Industrial and Organizational Psychology.
Write Pulakos and O’Leary, “We propose that a significant part of
the problem is that performance management has been reduced to
prescribed steps within formal administrative systems that are
disconnected from the day-to-day activities that determine
performance management effectiveness (e.g., communicating clear
work expectations, setting short-term objectives and deadlines, and
providing continual guidance). We argue that interventions to
improve performance management should cease their exclusive focus
on reinventing formal system features.”
Risher and Wilder feel the same way Pulakos and O’Leary do. “We
come at this from a very different background but have reached the
same conclusion,” they write. That is, as O’Leary and Pulakos put it:
“that fundamental change is needed in how performance
management is implemented and viewed, from an administrative
exercise to the most important tool managers have to help them
accomplish work through others.”
Also this month, read IPMA-HR Senior Director of Government
Affairs and Communications Tina Ott Chiappetta’s Labor Relations
column (page 18), in which she discusses a case dealing with age
bias, another dealing with the Family and Medical Leave, a case
dealing with the Uniformed Services Employment and
Reemployment Rights Act and more.
And, be sure to read this month’s Washington Update, which this
month discusses such issues as pension reform, break time for
nursing mothers and mandatory Social Security, to name a few.
You’ll read about this and more in this month’s issue of HR News
magazine. We hope you enjoy it!
Elizabeth Kirkland
JULY 2011 | 1 |

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FEATURES
6
10
PUBLIC UNIONISM:
2010 Aftermath
Unions and Collective
Bargaining: A Prickly
Situation for Many
Organizations
NEWS
26 2011 IPMA-HR International Training Conference
Approaching; Register Today!
27 The Top Five Reasons to Attend the 2011
IPMA-HR Conference
27 Validation Participants Needed for New Fire
Engineer Test
27 IPMA-HR Managing Employee Performance
as a Human Resources Business Partner
TABLE OF CONTENTS
JULY 2011 | VOLUME 77 NO 7
1 From the Editor
12 IPMA-HR International Training Conference
Promotional Video Now Online
23 Summer 2011 issue of Public Personnel
Management now available online
25 Nominations Now Being Accepted for
IPMA-HR Chapter Award of Excellence
25 IPMA-HR Announces Call for Applications
for Ronald Gabriel New HR Professionals’
Conference Scholarship
29 Candidate Slate Set for Upcoming Election
31 $25,000 CPS/IPMA-HR Grant to be Awarded
to Qualified Applicant
31 IPMA-HR’s Developing Competencies for
HR Success Online Training
COLUMNS
14 WASHINGTON UPDATE
18 LABOR RELATIONS
20 MANAGING PEOPLE IN TOUGH TIMES
Is Performance Management Broken?
DEPARTMENTS
28 MEMBERSHIP MATTERS
30 RECRUITER SERVICE
32 CALENDAR
32 PRODUCTS AND SERVICES
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HR
NEWS
Editor, Elizabeth Kirkland
Graphics, Alison Dixon/ImagePrep Studio
IPMA-HR Executive Director, Neil Reichenberg
HR News is published monthly by the International Public Management
Association for Human Resources, 1617 Duke Street, Alexandria, Virginia 22314;
(703) 549-7100. Copyright ©2011. The July issue is volume seventy-seven,
number seven of the monthly magazine of IPMA-HR.
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■ l a b o r - m a n a g e m e n t c o o p e r a t i o n & n e g o t i a t i n g w i t h u n i o n s ■
PUBLIC
UNIONISM:
2010
Aftermath
By Arthur L. Finkle
The New York Times reported in April 2011 a litany of union
devolution. In Wisconsin, the newly elected governor
sought to materially curtail the collective bargaining rights
of public employees. New Hampshire, Ohio, and Indiana have
followed suit.
Three-fourths of the states allow collective bargaining for their
public employees. They will be awaiting developments in their own
legislatures; the inevitable court challenges and the possibility of
another voter realignment that will protect public workers.
We live in a democracy governed by a constitution. Each state has a
constitution. There is no constitutional guarantee for collective
bargaining (or unions, for that matter) in the public sector. Public
unionization and collective bargaining are products of legislation as a
part of the “Great Society” movement in the late 1960s.
History of Labor Relations in State
and Local Governments
The history of labor relations in state and local governments follows
the history of the labor movement. After experiments with guilds,
| 6 | JULY 2011
socialism (International Workers of the World), the American
Federation of Labor captured the working rationale of U.S. labor
unions as an extension of capitalism as another entity in terms of
terms and conditions of employment. Although there were criminal
and then civil conspiracy laws against unionization up to the 1890s,
the sea change in party realignment of the 1930s enabled unions to
come into their own. The National Labor Relations Act promoted
assembling of workers, recognition, collective bargaining and unfair
labor practices. In 1970, the percentage of employed was 17 percent
of the labor force. After the U.S.’s restructuring of its economy by
outsourcing manufacturing, the percentage has steadily decreased.
However, in the 1960s, state and local governments began to
organize as the fast growing sector in the labor movement.
During this time frame, labor-management contracts between
state government and employee organizations existed in 29 of
the 33 collective bargaining states. According to The Book of the
States 1982–1983, “These states had a total of 778 contractual agreements
covering 837,628 state employees.” Apparently,
there is an enormous amount of management-union activity in
state government.
HR NEWS MAGAZINE

■ l a b o r - m a n a g e m e n t c o o p e r a t i o n & n e g o t i a t i n g w i t h u n i o n s ■
Unions: Why are they Formed?
Unions are groupings of workers formed to seek employment that is
steady and that provides continuing improvement in working and
hiring conditions. However, unions are not unique.
History of Public Sector Unionism
Although there were stirrings of public sector labor activity in the
1880s and 1890s among the fraternal benefit and craft organizations,
the unsuccessful Boston Police Strike of 1919 reversed government
labor movement momentum. Furthermore, the common law idea of
conspiracy existed for those daring enough to organize and conspire
against a public employer. Moreover, the legal concepts of sovereignty
and its delegation also impeded the labor movement. Thus,
the sovereign in a democracy are the people who cannot cede such
power unless they freely and openly participate in the process.
However, by contracting out services and purchasing consultants’
services, the idea of sovereignty lost its pristine values.
Umar and Kirk, writing in the Journal of Labor Research in 1984,
wrote that up to the Great Depression, the legal environment,
reflecting political realities, was generally hostile. In some cases, the
combination of workers to negotiate with an owner was considered
restraint of trade. The workers saw that the police did not protect
them when they struck. Indeed, they often were hurt or killed. In
some of the larger companies, the companies hired their own private
forces (goons) who fought battles with the workers without interference
from the local constabulary. However, the New Deal (a new
social and political coalition) heralding the Wagner Act (National
Labor Relations Act) creating the labor unions’ Magna Charta
happened throughout American history.
The 1960s takeoff period for state and local government unionism
was attributable to several factors. The Great Society’s programs
bespoke the new prominence of health care, recreation and housing.
Similar programs in the 1970s necessitated more governmental
employees. Second, new private sector unions lost members Accordingly,
union staff sought other increasing sectors: government
employees.
The Supreme Court ordered Congress and the 50 states to reapportion
legislative districts (Reynolds v. Sims; Baker v. Carr, 1962 and
1964). The effect of such reapportionment shifted representation
from predominantly rural to urban representation, enabling legitimization
of the public union movement.
New Jersey as an Example
Most of the unionized states are in the Rust Belt—the former industrial
states. I will follow New Jersey as a typical example, although all
agencies are unique.
The New Jersey Employer Relations Act of 1968 allowed for public
unionization in New Jersey. Except for teachers’ unions, during the
next 10 years the courts were figuring our whether unions could
represent government.
New Jersey subsequently established the Employer-Employee Relations
Act of 1979, creating the Public Employment Relations
Commission, with powers to determine appropriate bargaining
units, scope of negotiations, grievance and contract arbitration. New
Jersey also empowered its agency to conduct mediation and factfinding
modeled on the National Labor Relations Board (NLRB).
Unique to this new relationship were the concepts of:
■ Bilateralism
■ Representation
■ Unit scopes of bargaining units
■ The scope of negotiability
■ Negotiations and their remedies
■ Unfair labor and management practices and union fee limitations
■ Grievances
■ Workplace discipline
■ Labor strike
■ Alternative Dispute Resolution (interest arbitration, grievance
arbitration, mediation, mediation-arbitration, ombuds, etc.)
Indeed, Richard B. Freeman, writing in the Spring 1988 Journal of
Economic Perspectives, perceptively forecast that, by the mid-1980s,
unionization of the private sector and the public sectors were diverging:
the private sector, bleeding members; the public sector garnering
great numbers. Part of this reason was the encouragement of collective
bargaining laws in the public sector in non-right-to-work states.
(There are 22 right-to-work states.)
Legal Bases
Oftentimes, the legal justification follows political reasons. So it
was with public sector unionism. In terms of public labor relations,
a formal application of the concept of sovereignty would seem to
preclude collective bargaining. Jay Shafritz, in his 1981 text, claimed
that only the citizenry, speaking through its government, would
have the authority to establish terms and conditions of public
employment.
After the rapid rise of public unions in other states, N.J. courts
allowed public employees’ unions, unless specifically barred by
statute (McLaughlin v. Tilendis 1968). Finally, the United States
Court of Appeals for the Seventh Circuit held, in Abood v. De
(1977), that public employees can join unions, provided the state
authorizes it and non-union employees are exempted from
representation.
When the New Jersey Employer-Employee Relations Act of 1968
extended to public employees, only the states of New York and
Wisconsin had enacted similar comprehensive legislation. Because
CONTINUED ON PAGE 8
WWW.IPMA-HR.ORG JULY 2011 | 7 |

■ l a b o r - m a n a g e m e n t c o o p e r a t i o n & n e g o t i a t i n g w i t h u n i o n s ■
Unionism CONTINUED
FROM PAGE 7
New Jersey is a highly unionized state, it was inevitable that public
employees in massive numbers would seize the opportunity to
organize and engage in the collective negotiations process.
During the past 40 years, both in New Jersey and throughout the
nation, there has been an explosion of public employee membership
in labor organizations and in the promulgation of collective bargaining
laws for federal, state and local employees. While membership in
organized labor for all categories of employees diminished to 16.1
percent, a 1999 report by the Public Employee Relations Commission
indicated the percentage of public sector employees who are
unionized is now estimated at more than 36 percent.
New Jersey, with its cultural union tradition, encouraged union
representation in the public sector. In 1979, New Jersey passed legislation
(the New Jersey Employer-Employee Relations Act, Title
13A), creating an agency to administer its authorized unionmanagement
activities as an independent state agency responsible for
resolving disputes involving most public employers and employees
and the unions that represent those employees.
All of these legal changes in the power of unions in the public sector
reflected the relative power the union movement as part of the political
power-base of the New Deal and Great Society’s coalitions.
Party Realignment 1930s
Such party alignments usually result from clear, sharp, decisive, &
lasting shift in the popular coalition supporting one or both parties
as a consequence of a “critical election.” American political scientist
V.O. Key claims: “The rise and fall of parties may to some degree be
the consequence of trends that perhaps persist over decades and elections
may mark only steps in a more or less continuous creation of
new loyalties and decay of old.”
So it was with the New Deal party alignment. Created by causes
emanating from the Great Depression of 1929–39, hope for recovery
through governmental action and a powerful labor coalition—southern
whites, northern blacks, underrepresented ethnic groups
(Catholics and Jews)—political power translated into political action.
Led by the recognition of labor unions and collective bargaining, the
union movement became a primary actor on the political scene in
the New Deal party realignment from 1932–1968.
Kevin Phillips and Another Party
Realignment, 1960s
Kevin Phillips, a former staffer of President Richard Nixon, in 1969,
published The Emerging Republican Majority, which claimed, among
other things, that there was a new party realignment emerging.
Other political theorists predicted a change in American voter
habits, with a rise of independents and “alienated” voters. Other
theorists add a religious v. secular component to the mix.
2010 Significant Party Realignment
Recently, there seems to be another significant party realignment in
the United States. The 2010 midterm election saw Congressional
Democrats losing its 255–180 majority to the Republicans by a decisive
243–192. In the Senate, six seats moved from the Democratic
side to the Republican side.
Republicans rode a movement of big government and economic
uncertainty resulting in a big shake-up at the state level with 680
legislative seats switching—a possible record. In addition, Republican
governors now outnumber Democratic governors. In 2006, the
Democrats held 28 governorships; the Republicans, 22. In 2010, the
Democrats held only 13 governor posts; Independents, 1; and
Republicans, 36.
The Tea Party Movement
The Tea Party movement gained some traction in 2010. ABC News
reported that Tea Party-backed candidates scored major victories in
the midterm elections. From South Carolina to Wisconsin, candidates
endorsed by Tea Party groups defeated Democrats. Nikki
Haley became the first woman and Indian-American governor in
South Carolina. One of the biggest Tea Party wins was in Wisconsin,
where Republican businessman Ron Johnson defeated incumbent
Democratic Sen. Russ Feingold. Rand Paul, an
ophthalmologist-turned-politician in Kentucky and one of the first
major Tea Party candidates, defeated his opponent, Democrat Jack
Conway.
Although too young to decipher, the Tea Party seems to espouse
fiscal conservatism and less government. However, some chapters
have ventured into social and religious issues.
Legality
Although there has been episodic legislation rolling back the labor
movement and collective bargaining, there will undoubtedly be
numerous court challenges, which will take two to three years to
decide. According to the National Council on State Legislatures,
there are 15 Democratic controlled legislatures and eight mixed
legislatures in which one house is controlled by the Democrats; the
other, Republicans. Accordingly, a groundswell movement of union
devolution will likely be stymied by simple legislative politics.
In addition, the U.S. Department of Labor (DOL) issued a letter,
dated Feb. 16, 2011, that raised the latent issue of a loss of federal
transit funds if existing collective bargaining rights were extinguished.
The issue, known as “Section 13(c)” established under the
Federal Transit Ac,t requires governing bodies to continue “collective
bargaining rights” that existed at the time of the initial influx of
federal assistance. The Federal Transit Administration (FTA) cannot
release grant funds until the DOL reviews and approves the protective
collective bargaining rights arrangements when federal monies
are to be used to “acquire, improve, or operate a transit system.”
| 8 | JULY 2011 HR NEWS MAGAZINE

■ l a b o r - m a n a g e m e n t c o o p e r a t i o n & n e g o t i a t i n g w i t h u n i o n s ■
One possible alternative is to utilize the so-called “Memphis Plan,”
basically outsourcing the project to a third party.
Administrative Equilibrium Theory
Continuing American business executive Chester Barnard’s study
of organizational theory, American political scientist Herbert
Simon posited that a program, once established by an external
force, will not be extinguished with the withdrawal of that force. It
is endemic of organizations that once establishing an agency, its
function will continue to exist.
“Head Start” is our best example. A Great Society program, gathering
adherents and establishing a constituency, has acted against
its termination. And many presidents, including Nixon, Reagan
and Bush, have targeted this program.
Certainly, technology responds to the Administrative Equilibrium
Theory. Although the first commercial railroads began in the
1830s, numerous canal companies continued to transport goods.
Indeed, the Pennsylvania railroad convinced the state of New
Jersey to purchase the Camden and Amboy Canal (the railroad’s
competition).
The artillery (tanks) technologically replaced the Calvary (horseback
warriors) in 1917 and probably resolved the difficulty with
trench warfare. Administrative equilibrium held back the British
government from mechanization until 1929.
In 1884, the car was invented in Germany. In 1903, the president
of the Michigan Savings Bank advised Henry Ford’s lawyer not to
invest in Ford Motor Company, saying, “The horse is here to stay
but the automobile is only a novelty, a fad.” However, from 1913 to
1918, Ford mass-produced automobiles, overtaking the administrative
lag in most cities. The farms were a different story.
Do you believe that workers will abandon union-backed institutions
such as workers’ compensation, unemployment benefits, the
Occupational Safety and Health Act, the minimum wage, overtime
regulations, child work safety, hours of work, family leave, military
leave, wage garnishment protections, etc.? Do you believe that
employees will work with no outlet for their frustrations and
perceived violations of work rules (grievance system)?
Collective bargaining, also, will avail itself to administrative equilibrium.
Some of its parts may go. But most will remain. And it is
the human resource manager who has to translate these labile
factors to the “factory floor.”
Where Do We Go From Here?
Given the political tornado of attempts to reduce or eradicate collective
bargaining, where do we go from here?
Marvin Meade presciently wrote in the 1979 Public Administration
Review:
[W]e...may do ourselves less than justice by concluding...that
collective bargaining is to be accepted as a fact of life and that
our concerns ought to focus on the...”how to” of managementlabor
dealings… [W]e can ill afford to ignore the complex of
causative factors that underlie the bargaining of public unions
nor the long- run implications of how we currently respond to
the pressures of fast-moving events in the field…
Accordingly, our changed internal environment impels us to deal
with workplace issues, which will not go away.
We also have to pay attention to externalities of the whirlwind
global economy that throws us from pillar to post. What the future
holds is anyone’s guess.
Some Keynesians want the government to play a bigger role in the
economy—to prime the pump when the economy weakens up.
Some classical economists want to maintain the present markets
and allow themselves to correct themselves. Some, like former U.S.
politician and businessman David Stockman, want to lower the U.S.
debt burden before idle money becomes unavailable.
But we do know that the worldwide economy sweeps all of us so
that we, the voters, seem to change with the wind.
I end this discussion with a quotation from Franklin Delano
Roosevelt: “Democracy cannot succeed unless those who express
their choice are prepared to choose wisely. The real safeguard of
democracy, therefore, is education.”
I may add, luck.
Designated as an advanced practitioner by the Association for
Conflict Resolution, and practicing 30 years in human resources
administration, Arthur L. Finkle specializes in labor relations’ mediation.
Listed in Marquis’ Who’s Who (2011), Who’s Who in Government,
Who’s Who in American Education, and Who’s Who in
American Law, he has authored eight books, four book chapters and
more than 150 articles on human resources issues. Assistant director
for decentralized programs and then director of mediation for the
New Jersey Department of Personnel, Finkle also teaches at Kean
University and Empire State College. He appears on the N.J. Court
Roster as a Mediator and as a Mediator Mentor. In addition, he is
rostered by Mediation Works Incorporated (MWI) Panel of Employment
Mediators (located in Boston, Mass.).
A graduate of The Wharton School, Finkle has taught numerous business
and social science undergraduate and graduate courses at
Rutgers University, Rider University, Kean University and Mercer
County Community College. His recent books focus on human
resource management regulations. —N
WWW.IPMA-HR.ORG JULY 2011 | 9 |

■ l a b o r - m a n a g e m e n t c o o p e r a t i o n & n e g o t i a t i n g w i t h u n i o n s ■
Unions and Collective
Bargaining: A Prickly
Situation for Many
Organizations
By Amanda Cuda
| 10 | JULY 2011 HR NEWS MAGAZINE

■ l a b o r - m a n a g e m e n t c o o p e r a t i o n & n e g o t i a t i n g w i t h u n i o n s ■
When it comes to labor relations, William Prokop
considers himself fairly lucky. Prokop, IPMA-CP, is
assistant city manager in Keene, N.H. New
Hampshire, like many states throughout the
country, has been embroiled in a heated battle over labor issues. At
press time, New Hampshire’s state house had recently delayed a vote
on whether to override Gov. John Lynch’s veto of the controversial
“right-to-work” bill passed by the legislature earlier this year.
The bill would prevent unions from collecting partial dues from nonmembers.
Supporters of the bill say it prevents workers from being
forced to join unions, while those who are opposed to it contend that
court rulings prevent forced membership.
It has been a contentious debate, but Prokop said he didn’t think the
outcome would affect Keene much. In his city, he said, relationships
between employers and the unions have always been strong, and he
doesn’t expect the bill’s fate to change that.
“Our collective bargaining relationships happen to be very strong and
very good,” Prokop said. “Many places have had constant union problems,
but I think that if both sides work to understand each other, you
can have a good relationship.”
Unfortunately, not all share his optimism. All over the country, many
states are fighting battles over exactly how much negotiating power
unions should have, and some wonder what the future of collective
bargaining will look like.
Debates All Over
New Hampshire is only one of several states to mull a right-to-work
bill, with others including Maine, Indiana and Missouri. More than
20 states have such laws in place already, but many of the right-towork
bills being debated now are facing strong opposition. In most
cases, the greatest animosity has been expressed by unions, who see
right-to-work as an attack on organized labor. In Maine, hundreds of
union workers from the public and private sector turned up to protest
a public hearing on the bill in early June.
Those who support the bill, however, said it could reap economic
benefits for states that enact it. In his veto of the New Hampshire bill,
Lynch argued that there wasn’t enough evidence of the bill’s
economic benefits.
But right-to-work is just one of many union-related controversies
making the news these days. Many other states are considering bills
that are viewed as anti-union by some, and as essential cost-saving
measures by others. In Ohio, legislators passed a law in spring that
effectively stripped most workers of the majority of their collective
bargaining rights, and boosted health insurance and pension contributions
by workers. As of press time, unions were still pushing to
undo the Ohio legislation, collecting signatures in an attempt to force
the issue to a referendum.
In Tennessee, Gov. Bill Haslam recently signed off on a bill repealing
a 1978 measure mandating collective bargaining for public school
teachers. That decision was made to the chagrin of members of the
state’s education association, who argue that the legislation will make
it harder for teachers to advocate for themselves.
Nevada passed a state budget in early June that, among other things,
allows local governments to reopen employee contracts during fiscal
emergencies, and prohibits supervisors from collective bargaining.
The budget also would eliminate retirement health insurance for state
employees hired after Jan. 1, 2012.
In Massachusetts, the House and Senate have approved separate but
similar measures that would curb collective bargaining rights of units.
Both plans would allow local officials, such as mayors, to move workers
into the state’s health insurance plan. Officials would also have the
option of designing their own plans. Though workers would have the
opportunity to discuss any health insurance changes, the officials
would have the final word on any new arrangement, even if the workers
oppose it. Like most other plans that have been labeled “antiunion,”
the Massachusetts plan aims to save money.
“...employers would have
to set policies about
these conditions,
which would be tricky.”
One of the harshest battles over bargaining has taken place in
Wisconsin, which, like Ohio, passed a bill limiting bargaining rights
and raising worker contributions to health care and pension funds.
Wisconsin Gov. Scott Walker pushed for the law as a way to help
balance the state’s budget, but, as in other states, the legislation drew
the ire of many. It particularly angered those who argued that Republican
lawmakers, many of whom supported the bill, had violated the
state’s open meetings law during the session that led to the bill’s
passage.
That debate led a circuit court judge to void the law in late May,
ruling that the open meetings law had indeed been broken. However,
as of early June, the law’s fate was still uncertain, with the Supreme
Court slated to discuss whether to take up the ruling.
Maria Monteagudo, employee relations director for the City of
Milwaukee, Wisc., said, despite the circuit court ruling, she’s almost
WWW.IPMA-HR.ORG JULY 2011 | 11 |

■ l a b o r - m a n a g e m e n t c o o p e r a t i o n & n e g o t i a t i n g w i t h u n i o n s ■
Bargaining CONTINUED
certain that the law will ultimately pass. All legislators need to do is
pass the law again, this time giving proper notice. “At the end of the
day, most people who understand the situation know that this is
going to go through,” Monteagudo said.
The question is: what would such a law mean for union workers—
and human resources staff? Monteagudo said if the legislation took
effect workers would no longer be able to negotiate conditions such
as sick time, vacation time, and benefits, that had long been part of
the bargaining process,. “Under the law, the only thing the unions
would be able negotiate for is base wages,” Monteagudo said. “It
would really change the way we do business.”
For one thing, employers would have to set policies about these
conditions, which would be tricky. Monteagudo said, in Milwaukee,
employers would try to set policies about sick time and the like that
were considered as fair as possible to the workers. “We do still have to
worry about attracting people to work here,” she said.
So far, hostilities between unions and the City of Milwaukee have
been kept to a minimum. “In Milwaukee, the mayor has been very
vocal about not supporting the (collective bargaining bill),”
Monteagudo said. “I think unions do appreciate that there’s nothing
he can do about the situation. We continue to have a positive working
relationship with the unions.”
However, if the law goes into effect and the unions find themselves
without the power to negotiate vacation time and the like, that attitude
might change. “Things may get a little hostile down the line,”
Monteagudo said.
The good news is that, even if the law passes in the near future,
contracts in Milwaukee don’t expire until the end of the year, so the
city has plenty of time to draft policy and strategy about how to move
forward. In the meantime, Monteagudo said, Milwaukee, like the rest
of the state—and like other states around the country—is anxious
about how all these possible changes could ultimately affect all the
parties involved. “No one really knows what this new world (of negotiations)
is going to look like,” she said.
Some Aren’t Worried
FROM PAGE 11
Yet even in this tempestuous environment, Prokop insists that
harmonious relationships can exist between unions and employers.
By way of example he pointed out that, during a recent round of
negotiations, unions were asked to accept a contract that carried a
zero percent salary increase for at least the first year. “Every single one
of the unions came back to us and said ‘we agree,’” Prokop said.
Regardless of what’s going on in the rest of the country, Prokop said
the relationship between Keene and its unions has always been fairly
smooth and based on mutual respect. “When we enter into negotiations,
we have to bargain in good faith, and so do the unions,” he
said.
Lori Steward, IPMA-CP, labor relations administrator for the city of
Phoenix, Ariz., echoed that sentiment. The city’s union contracts are
in place until June of 2012, so negotiations are a long way off for the
city. Steward said she’s not sure what the new round of collective
bargaining will hold—probably a lot of discussions about compensation
and wages. But, like Prokop, Steward firmly believes that amicable
arrangements can be reached, and there need not be hostility
between unions and employers. “In Phoenix, we’re very pleased with
the two-year contract we reached,” Steward said. “We continue to
meet with labor representatives, and we all work cooperatively to
address economic issues.”
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
IPMA-HR International
Training Conference
Promotional Video
Now Online
Thinking about attending the 2011 IPMA-HR
International Training Conference and Expo? The
conference will be held Sept. 24–28 this year at the Marriott
Downtown Chicago Magnificent Mile Hotel. Be sure to
check out our video on Facebook at www.facebook.com/
home.php#!/pages/International-Public-Management-
Association-for-Human-Resources-IPMA-
HR/38098732966. —N
| 12 | JULY 2011 HR NEWS MAGAZINE

WWW.IPMA-HR.ORG JULY 2011 | 13 |
LABOR RELATIONS
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WASHINGTON UPDATE
The Healthy Families Act was
reintroduced on May 12, 2011, by
Congresswoman Rosa DeLauro
(D-Conn.) and Senator Tom Harkin
(D-Iowa). The Act, which was introduced
with 83 House and 18 Senate
cosponsors, would require employers to
provide up to seven days of paid sick
leave per year to employees who could
use the time off for their own illness or
that of a family member.
Break Time for Nursing Mothers – The
Department of Labor issued a request
for information on employers’ responsibility
to provide breaks and a place for
nursing mothers to express milk. The
request was issued on Dec. 21, 2010.
The DOL’s request clarifies the language
regarding breaks, the space that must
be provided and penalties for failing to
comply. IPMA-HR analyzed the request
and that document is available in the
government affairs section of the IPMA-
HR Web site under “fact sheets”
(http://www.ipma-hr.org/public-sector-hrcommunity/public-policy/fact-sheets).
Pension Reform – Efforts to reform the
way states and localities report and fund
their pension liabilities are likely to be at
the top of lawmakers’ agendas
throughout this session of Congress. On
Feb. 9, 2011, Representative Devin
Nunes (R-Calif.) reintroduced the “Public
Employee Pension Transparency Act,”
which would require states and localities
to report the level of pension funding
using private sector assumptions. The
private sector reporting requirements do
not reflect the realities of the public
sector. Public sector plans are already
heavily regulated and follow the
Governmental Accounting Standards
Board (GASB) recommendations for
reporting liabilities.
The House Subcommittee on Oversight
of the House Ways and Means
Committee held a hearing on May 5 on
the Public Employee Pension
Transparency Act. IPMA-HR joined the
National League of Cities, the National
Association of Counties and other state
and local groups in opposing the
measure. On Feb. 1, 2011, IPMA-HR
joined several other state and local
groups on a joint fact sheet on state
and local government pensions, setting
straight the record regarding the opera-
tions and funding of public pensions, the
degree to which they fit in the overall
budget picture at the state and local
level, and the steps state and local
governments are taking to bring their
pension plans into long-term solvency.
The fact sheet and letters are available
on the IPMA-HR government affairs Web
site under the heading “advocacy.”
Mandatory Social Security – A measure
requiring Social Security coverage of all
state and local government employees
is expected to be introduced this spring.
Proponents of the legislation believe it
will generate revenue and often frame it
as an issue of “fairness.” IPMA-HR
opposes the measure because it would
undermine current pension plans and is
unlikely to provide long-term retirement
security.
Employment Non-Discrimination Act –
The Employment Non-Discrimination Act,
H.R. 1397, was reintroduced on April 6,
2011 by Representative Barney Frank (D-
Mass.). The bill would prohibit employment
discrimination on the basis of
sexual orientation or gender identity. It
has 120 cosponsors in the House of
Representatives. A companion bill, S.
811, was introduced on April 16, 2011
by Senator Merkley (D-Ore.) and has 39
cosponsors.
Paycheck Fairness Act – Bills (H.R.
1519, S. 797) that would allow for
unlimited punitive and compensatory
damages for violations of the Equal Pay
Act were reintroduced on Apr. 12 by
DeLauro (D-Conn.) and Senator Barbara
Milkulski (D-Md.). Passage this year is
very unlikely. IPMA-HR remains opposed
to the measure as it would increase litigation
and not address any underlying
issues that contribute to the wage
disparity.
Mandatory Collective Bargaining –
IPMA-HR expects the Public Safety
Employer-Employee Cooperation Act
(PSEECA) to be reintroduced in the
112th Congress but passage is unlikely.
The Senate failed to invoke cloture on
Dec. 8, falling short of the 60 votes
needed to advance the bill. IPMA-HR and
several other local government associations
have been active opponents of the
measure, which would require states to
create collective bargaining laws for
public safety and authorize a federal
agency to determine when states are in
compliance with a federal law—an
unprecedented intrusion into state and
local government police power. If a state
fails to create a satisfactory bargaining
law, that state will be subject to regulations
developed by the Federal Labor
Relations Authority (FLRA).
IPMA-HR joined other public sector
groups in submitting testimony in opposition
to H.R. 413 at the Mar. 10, 2010
hearing before the House Subcommittee
on Health Employment Labor and
Pensions. IPMA-HR executive director
Neil E. Reichenberg testified against the
bill before a house subcommittee in the
110th Congress.
Employer Provided Educational
Assistance – Section 127 of the
Internal Revenue Code was extended for
two years as part of a tax extender bill
signed into law by President Obama on
Dec. 17, 2010. Section 127 allows
employees to exclude up to $5,250 of
employer-provided educational assistance
for both graduate and undergraduate
programs. In June 2010,
Representatives Earl Pomeroy (D-N.D.)
and Sam Johnson (R-Texas) introduced
H.R. 5600 to make Section 127 permanent.
IPMA-HR joined the Coalition to
Preserve Employer Provided Educational
Assistance.
Healthcare Reform – In Aug. 2010,
IPMA-HR commented on the Interim Final
Regulations on the status of grandfathered
plans under the new healthcare
reform law and on the annual limits. The
Departments of Treasury, Labor and
Health and Human Services adopted the
regulations under the Patient Protection
and Affordable Care Act and the Health
Care and Education Reconciliation Act.
The comments are available on the
IPMA-HR advocacy pages.
Age Discrimination – The EEOC issued
a notice of proposed rulemaking on
February 18, 2010, addressing the
meaning of “reasonable factors other
than age” (RFOA) under the Age
Discrimination in Employment Act
(ADEA). The proposed rule emphasizes
the need for an individualized, case-bycase
approach to determining whether
an employment practice is based on
reasonable factors other than age. It
also emphasizes that the RFOA defense
| 14 | JULY 2011 HR NEWS MAGAZINE

applies only when an employment practice
is not based on age. In addition, it
provides lists of factors relevant to
determining whether an employment
practice is “reasonable” and whether it
is based on a factor “other than age.”
IRS/Cell Phone – On Sept. 27, 2010,
President Barack Obama signed into law
the small jobs bill that included a provision
removing cell phones from “listed
property.” As a result, employers do not
have to charge employees for calls
made on employer-provided cell phones.
Prior to the change, employers were
subject to penalties for not charging
employees because cell phones were
treated as an employment benefit.
Genetic Information Nondiscrimination
Act – IPMA-HR filed comments on the
EEOC’s proposed regulations. The final
regulations were issued on November 9,
2010. The law prohibits employers from
discriminating against employees and
applicants on the basis of genetic information
and bans the collection of
genetic information except in very
limited circumstances. The EEOC
created model language employers may
use to warn healthcare providers against
including genetic information in a
response to a request for medical information:
Safe Harbor Model Language: “The
Genetic Information Nondiscrimination
Act of 2008 (GINA) prohibits employers
and other entities covered by GINA Title
II from requesting or requiring genetic
information of employees or their family
members. In order to comply with this
law, we are asking that you not provide
any genetic information when
responding to this request for medical
information. ‘Genetic information,’ as
defined by GINA, includes an individual’s
family medical history, the results of an
individual’s or family member’s genetic
tests, the fact that an individual or an
individual’s family member sought or
received genetic services, and genetic
information of a fetus carried by an individual
or an individual’s family member
or an embryo lawfully held by an individual
or family member receiving assistive
reproductive services.”
ADA Amendments Act – Final regulations
became effective May 24, 2011.
IPMA-HR, the National Public Employer
Labor Relations Association and the
International Municipal Lawyers
Association filed comments on
November 23, 2009, in response to the
EEOC’s proposed regulations. The
comments urge the Commission to
consider employer issues in the final
regulations. The ADA Amendments Act
reversed several Supreme Court opinions
that narrowed the definition of a
disability; the new law clarifies that
“disability” should be interpreted broadly
and provides a non-exhaustive list of
major life activities. Disabilities should
also be considered in their untreated
states without the ameliorative effects
of medication. Articles and information
are available on the IPMA-HR
Government Affairs Web site under “Fact
Sheets” and “Advocacy.”
WASHINGTON UPDATE
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California
's agencies in all
aspects of employmen
t la w,
labor
r elations,
and managemen t training.
Visit
www.lcwlegal.com/labor-relations-and-negotia
tions-and-negotia tion-services
to
learn
more
e about our pr
actice
area.
Normal Retirement Age – The IRS
issued a notice announcing that it is
delaying implementation of the normal
retirement age regulations until 2013.
The regulation would require state and
local government plans to adjust or
abandon their use of years of service
when determining retirement age. The
notice is available online at
www.irs.gov/pub/irs-drop/n-08-98.pdf.
A complete list of all the issues IPMA-HR is
monitoring is available on the IPMA-HR Web
site under government affairs. —N
Los
A ngeles
310.981.2000
S San
F Fr
ancisc
o
415.512.3000
Fresno
559.256.7800
San
an Diego
619.400.4955
lcwlegal.com
om
flsaaudit.com
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LCW
Liebert iebert Cassidy assidy
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WWW.IPMA-HR.ORG JULY 2011 | 15 |
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Employment Law | Labor Relations tions | EEducation
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LABOR RELATIONS
By Tina Ott Chiappetta
IPMA-HR Senior Director of Government
Affairs and Communications
Deficient FMLA
Certification Leads
to Firing
The United States Court of Appeals for
the Ninth Circuit ruled that a federal
worker’s employment was properly terminated
when she submitted an insufficient
Family and Medical Leave Act (FMLA)
certification form and refused to provide
more information within the time given.
(Janet D. Lewis v. USA; Michael B. Donley,
Secretary of the United States Air Force,
Docket No. 10-35624, May 26, 2011.)
Janet D. Lewis worked as director of a
child development center on the
Elmendorf Air Force Base in Alaska. In
2003 she applied for and was denied a
position in a new child care facility. She
filed an equal employment opportunity
complaint against her supervisors and
the court notes that after this incident
her relationship with her supervisors
deteriorated.
In 2006 she requested FMLA leave for
post traumatic stress disorder (PTSD).
She was absent for 120 days. In
support of her request she provided a
prescription from her psychiatrist, a
letter from him, and a WH-380 form—
the one created by the Department of
Labor for this purpose. Lewis’s supervisor,
Kathleen DeShasier, told Lewis
that the materials were insufficient.
The doctor wrote a diagnosis on the WH-
380 and said she needed bed rest, two
prescription medications and 120 days
off of work but failed to provide any
details about how or why Lewis would be
unable to perform her job.
The FMLA requires the medical certification
to include facts that support the
need for leave. After being told that the
supporting materials were insufficient,
Lewis was given 15 additional days to
provide a corrected certification, which
was extended seven additional days
because of her doctor’s unavailability.
When Lewis refused to provide more
information, the leave was converted to
| 18 | JULY 2011
absent without leave (AWOL) status and
she was eventually fired. Lewis sued
arguing that the materials provided to
her employer satisfied the FMLA but the
Merit Systems Protection Board (MSPB)
and this court disagreed, finding that
there were no medical facts provided to
support the need for leave.
USERRA Not
Violated When
Employee Rehired
with Same Title and
Salary
The United States Court of Appeals for
the Second Circuit ruled that the
Uniformed Services Employment and
Reemployment Rights Act (USERRA) was
not violated when a returning member
was rehired with the same salary and
title. Evan Hart v. Family Dental Group,
PC, Kenneth Epstein, Docket No. 10-
1008-cv, May 31, 2011.
Evan Hart, a member of the Army
Reserves, began working as a dentist
for Family Dental Group, PC (FDG), in
2001. Hart was called to active duty by
the Army twice while employed by FDG.
After his first deployment in 2003 he
was reemployed by FDG. In 2004 he
was stationed in Iraq from September to
December 2004. He began working at
FDG again on Jan. 17, 2005. Although
he was reinstated at the same salary,
benefits and other conditions of employment,
he was told on Jan. 20, that his
employment would be terminated in 60
days. His employment contract allowed
for termination without cause as long as
30 days notice was provided.
When Hart received the notice, he questioned
FDG President Kenneth Epstein
about the legality of the firing and in
response Epstein reduced the time from
60 to 30 days notice. Hart filed a
USERRA complaint alleging that he was
discriminated against on the basis of his
military service. The Department of
Labor told Epstein that under USERRA,
Hart had to be reemployed for 180 days
following return from active duty. Epstein
complied, firing Hart on July 20, 2005.
The Department of Labor then closed
the case.
After the termination, Hart exhausted
his administrative remedies and then
filed suit in federal district court. After a
jury trial, the court entered a judgment
as a matter of law in favor of FDG and
Epstein. The court of appeals considered
whether or not Epstein’s letter and
the subsequent termination violated the
USERRA. The court found that it did not
because Hart received all the protections
he was entitled to receive under
USERRA.
Age Bias Not “But
for” Cause of
Termination
The United States Court of Appeals for
the Tenth Circuit ruled in Patricia F.
Simmons v. Sykes Enterprises, Inc., that
a supervisors age-related bias against an
employee was not the “but for” cause of
the employee’s termination. (Docket No.
09-1558, June 2, 2011.)
Patricia Simmons worked for Sykes
Enterprises for 10 years and had a good
performance record. In 2007,
Persephone James became the office’s
site director and Simmons alleges that
Jones made several ageist remarks to
her, suggesting that she should take it
easy at her age, and that Jones was
surprised Simmons had not retired.
In August of 2007, another employee
complained that someone in the
company had improperly disclosed confidential
medical information. Janice
DiRose, Sykes’ corporate counsel and
senior director of HR, instructed James
to begin an investigation and to interview
those who might be involved.
Over the course of her investigation,
James learned that another HR
employee, Sharon Gaddis, who was 23
at the time, had disclosed confidential
information she obtained from Simmons.
Both employees were fired.
HR NEWS MAGAZINE

Simmons sued arguing that the James’
bias toward her because of her age (61)
was the real reason for her termination
and that the release of confidential information
was mere pretext for discrimination.
In finding for Sykes, the court ruled
that although the Cat’s Paw theory of
liability, as clarified by the Supreme Court
in the case Staub v. Proctor Hospital (562
U.S. ___, 2011) applied to the ADEA, the
ADEA requires that age be the “but for”
cause of the discrimination, not merely a
factor in the decision.
In Staub, the Supreme Court ruled that a
supervisor’s animosity toward an
employee because of his military service
led to that employee’s termination in
violation of the Uniformed Services
Employment and Reemployment Rights
Act (USERRA). In that case, the vice president
of HR—not the supervisor—made
the termination decision but that decision
was based solely on reports provided by
the biased supervisor.
Therefore, even if James’ discriminatory
animus (which the court assumed without
deciding for the purpose of this case)
was a factor, it was not the “but for”
cause of Simmons’ termination. Put
another way, the employee who
LABOR RELATIONS
complained of the release of confidential
information and DiRose, had no bias but
were involved in the termination process.
Even if James was biased against
Simmons, Simmons would have been
fired anyway because the investigation
was begun and concluded by individuals
without bias. —N
Contact IPMA-HR Senior Director of
Government Affairs and Communications
Tina Ott Chiappetta, either by e-mail at
tchiappetta@ipma-hr.org, or by phone at
(703) 549-7100, ext. 244.
Solutions for people who pay people.
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WWW.IPMA-HR.ORG JULY 2011 | 19 |

MANAGING PEOPLE IN TOUGH TIMES
Is Performance Management Broken?
By William Wilder and Howard Risher, PhD.
Two recent articles from very different
sources highlight the problems with
performance management. First, two
prominent psychologists, Elaine Pulakos
and Ryan O’Leary, published the article,
“Why is Performance Management
Broken?” in the journal, Industrial and
Organizational Psychology. That was
followed in April by an article titled
“Should Performance Reviews Be
Fired?” which appeared in the online
publication Knowledge@Wharton. In
combination the two perspectives reflect
the academic disciplines that have
focused on performance management
over what is now a half century.
Daniel Pink’s best selling book, Drive:
The Surprising Truth About What
Motivates Us, also carried a similar argument:
As used in far too many organizations,
traditional performance reviews
trigger problems and fail to contribute to
improved performance.
Of the different publications, the Pulakos
and O’Leary article is the most
surprising and most valuable. Pulakos is
the president of the globally recognized
firm, PDRI, and one of the country’s
leading industrial psychologists. The
article was based on her Distinguished
Professional Practice Award presentation
at the 2010 conference of the Society
for Industrial and Organizational
Psychology (SIOP).
The article is surprising because
psychologists to this point have been
focused on developing technically sound
performance systems that are intended
to avoid or minimize the frequently
discussed problems. Now Pulakos and
PDRI are arguing for a different direction
and different focus. Their conclusions
will open the door to new strategies to
“fix” those broken systems.
The Argument for
Performance Management
The critics have a valid point: performance
systems are seen as the “Achilles
Heel” of HR practices. But this is not a
time for public employers to “fire” the
| 20 | JULY 2011
performance management process. With
the fiscal crisis, budget problems, staff
reductions and no doubt poor morale, it
will be very difficult in many agencies to
maintain service levels. That, however, is
what the public expects. The public’s
concern with deficits and taxes is clearly
high but they are also concerned with
maintaining the services affecting their
families.
Despite the issues with widely acknowledged
problems and the occasional
recommendations to end the practice, it
is very difficult to find employers, public
or private, that no longer evaluate the
performance of their employees.
The textbooks make the point that
performance systems can serve several
purposes. Supporting the occasional
terminations is one obvious reason. The
increasing emphasis on accountability is
virtually meaningless in the absence of
a formal evaluation of what an employee
accomplished—or failed to accomplish.
Succession planning and career planning
are another application that requires
data derived from the annual evaluation.
Individual development planning is a
related application. And of course
rewards of any type should be based on
credible performance criteria. When
supervisors are completely on their own,
they still need to manage their people
and make personnel decisions.
All of those applications will be more
important if staff reductions force agencies
to reconfigure the way work is
organized and managed. If cuts force an
agency to reorganize, it will be important
to place individuals in positions where
they can fully utilize their capabilities.
But perhaps the most important reason
is the vital role performance feedback
serves to help an individual improve his
or her performance. Nobody can improve
their performance unless they receive
some form of feedback. The need for
adequate, job-specific feedback is obviously
important. An appraisal system
clearly does not compel supervisors to
provide feedback but a well planned
system provides a framework to guide
the discussion. The critics may argue
supervisors do not need a system to
provide feedback but experience shows
it makes that more likely and more
productive.
Companies Have an
Advantage
Surveys show the requirement that
supervisors complete performance
appraisals is virtually universal in the
private sector. Although there are no
comparative statistics, companies find it
easier to commit time and money to the
management of performance. They
routinely invest in planning, measuring
and evaluating organizational performance.
Every employee understands the
importance of company success.
Results are communicated in some
units daily. Incentives tied to results are
virtually universal. That contributes to a
performance culture.
The commitment to performance is a
shared cultural value. Managers at all
levels are expected to address performance
problems. GE has received a lot of
media attention for its “work out”
process to solve problems. Initiatives
like that trigger frequent, brief and
informal conversations about performance
issues.
The competitive market heightens the
importance of success and solid financial
results as a shared cultural value.
Corporate managers know “winning”
against the competition is paramount.
Often it borders on being an obsession.
The business focus on planning and
measurement and on solving performance
problems involves managers at all
levels in efforts to improve performance.
Managers and employees also discuss
performance issues at lunch, over
drinks after work, and whenever they are
together. Those occasions trigger
frequent, informal conversations about
performance issues.
The corporate reality also triggers
another often unrecognized advantage.
Companies focus on the high
HR NEWS MAGAZINE

performers; the high potentials—the “A”
players. There are special policies to
manage their careers. They outnumber
the few unacceptable performers by
three or four to one. The stars are the
focus.
In contrast to the public sector, poor
performers receive little obvious attention.
Ratings are confidential and the
discussions are normally private. A poor
performer might be terminated and their
coworkers may not learn about it until
the individual is gone. In government the
primary reason for evaluating performance,
it seems at times, is to identify
the turkeys or bad apples, which gives
the practice a far more negative connotation.
Companies also have another advantage:
there are few unions and certainly
no elected officials who are ready to
argue in support of employees who are
dissatisfied with their rating. When
ratings are confidential, it makes it much
more difficult to compare ratings. And
there are few formal grievance procedures.
However, even with all of that, one estimate
is that only 35 to 40 percent of
companies do performance reviews well.
More than half of corporate HR executives
rate the management of employee
performance a “C” or below.
One of the fundamental problems
affecting both the private and public
sectors is that the annual performance
appraisal is an HR requirement.
Managers are very much aware performance
reviews could damage their
working relationships. As an isolated
year-end event, they see the rating
process as more trouble than it’s worth.
The less time they spend, the better.
Public employers can and should take
steps to change the perception of the
performance management process.
Adopting practices that contribute to a
performance culture will help but past
experience is not easily forgotten.
Creating a more positive perception will
be an uphill struggle. Realistically public
employers have to satisfy a higher standard
for the way the process is
managed. The common business practices
that reinforce performance (e.g.,
MANAGING PEOPLE IN TOUGH TIMES
key performance indicators) are still not
widely used.
The New Direction
To quote from the Pulakos and O’Leary
article,
In the last 20 years, recommendations
have been made to evaluate
results, competencies, behaviors, and
contributions; to rate performance
using highly differentiated 5-, 7-, or 9point
scales, much simpler pass-fail
scales and instead prepare written
narratives; to collect ratings from
supervisors, peers, customers, or the
employees themselves; to cascade
goals from the highest organization
level to individual employees, to
establish individual objectives that
are rated directly, or not to include
goals, and the list goes on.
New approaches have been put forth
periodically by psychologists, consultants
and academics. They are usually touted
by their creator as the elusive panacea.
Some of the new approaches have had
a long lifespan; others have been short
lived. This has led to “cycles of organizations
reinventing their performance
management systems every few years
only to suffer implementation failures
that necessitate reinventing the system
again, and the cycle continues,” write
Pulakos and O’Leary.
Everyone who has worked with performance
systems for more than a few years
knows that accurately summarizes the
track record. It’s kept the “experts” in
business.
Implicit in their argument is the conclusion
that the design of the appraisal
form along with the recent technology
developments have failed to improve the
process. In other words, this is not a
problem that psychometric principles
can solve.
In discussing their new direction,
Pulakos and O’Leary focused on four
fundamental weaknesses with current
methods.
■ The notion of cascading goals has not
been successfully adopted in government
agencies. The high level agency
goals are often lofty, broadly stated,
reflective of political strategy, and
unrelated to current operating realities.
That makes it difficult at lower
levels to develop goals that are
appropriate for use in evaluating
employees. Moreover, the planning
process takes more time than many
managers are willing to commit. And
the potential risk of not meeting a
goal makes them reluctant to make
the commitment.
■ Government operations are not well
suited to setting SMART (specific,
measurable, attainable, relevant, timebound)
goals. Employees want to
know what’s expected, and how they
will be evaluated. That’s a key to
engagement and to good performance.
We are all more productive
when we know what we want to
accomplish. SMART goals intuitively
meet that need. But goal setting
works best in static, predictable work
environments. With knowledge jobs
and in an environment where political
considerations influence outcomes,
goal setting may not be practical. The
practice should be encouraged (it is
solidly consistent with the need to
define expected results) but experience
shows it cannot be universally
required.
■ The use of competencies has had a
mixed track record. One of the problems
is that the HR field has not
developed and established a consistent
way to define and use competencies.
In other fields like engineering
and accounting, there are guidelines
or standards for using common
measurement criteria. Competencies
too often are vaguely stated or so
generic that managers fail to apply
them consistently. Moreover, the
vague definitions make it exceedingly
difficult to defend ratings, and that
contributes to the virtually universal
problem of rating inflation.
■ Multisource or 360-degree feedback
is difficult to manage and can cause
problems. The idea is sound: many
people have a useful perspective of
an employee’s performance. Actually
managers in today’s typical environment
may not be able to observe an
employee’s day to day work efforts.
Their “customers’ or others may have
CONTINUED 0N PAGE 22
WWW.IPMA-HR.ORG JULY 2011 | 21 |

MANAGING PEOPLE IN TOUGH TIMES
CONTINUED FROM PAGE 21
the best direct knowledge. But each
has a different perspective and need
to be asked questions suited to their
interactions with the employee.
Moreover, there are many instances
that employees have colluded and
agreed to provide overly positive feedback.
All of that suggests multi-rater
feedback is a sound idea that has to
be structured and managed with
caution. Automation is essential.
Experience confirms it cannot be
used directly but is best provided to
the responsible manager.
The new direction focuses on “interventions
to improve manager-employee
communication and relationships.”
Several research studies have confirmed
the importance of that relationship as a
key to solid performance. Gallup’s
engagement research and its Q12 survey
questions have found a direct linkage
between the day-to-day management of
performance and an employee’s
emotional engagement. A study by the
Corporate Leadership Council shows the
specific manager behaviors that are the
most important drivers of performance.
A somewhat different study by a
researcher at Wharton found that
managers have more impact on the
performance of an organization than
senior executives. The managers are the
key to an employee’s sense of commitment
and highly committed employees
consistently perform at significantly
higher levels. These and other similar
studies all confirm the importance of the
manager and his or her behavior, and
the importance of their relationship with
subordinates.
Pulakos and O’Leary argue the first step
is “to help managers and employees
understand the critical role that performance
management plays in enabling
work to be performed.” They stress the
need to ensure managers understand
their role and what’s expected of them.
They also need to appreciate the new
direction for their careers, downplaying
the technical aspects and focusing on
changes needed to be successful as
managers.
Training is of course important; new
skills are required. Training to build the
skills associated with providing construc-
| 22 | JULY 2011
tive feedback is an obvious example.
Training in diagnosing performance problems
is a relatively new idea. But they
also “do not expect that training will
address performance management ineffectiveness
to a person.” They state that
training “will serve as an introduction, at
most, that needs to be followed up with
additional interventions to promote
training transfer and ongoing evaluation
to assess” its impact and reinforce
needed behavior change.
They recommend using employee
surveys to learn if managers are
applying what they learned in training.
They also suggest using rewards, such
as salary increases, “to solidify behavior
change.” Moving ineffective managers
back to non-supervisory roles would
send a clear message.
They also recommend an idea that we
frequently recommend: the use of calibration
committees to review performance
ratings. The idea has become
widely used in industry. The committees
can play a role in reviewing performance
plans at the beginning of the year and at
year end to assess ratings for justification.
Our recommendation is to ask
managers to justify high and low ratings.
The goal is to create an environment
where honesty is promoted and where
fairness is expected.
Adapting Social Networking
Ideas
A new idea is adopting the concept of
“friends” as in Facebook and other
networking sites as a way to encourage
multi-rater feedback. Instead of reaching
out to friends, employees can be
allowed to ask managers and more
senior professionals they work with to
provide feedback. It can also include
those individuals who receive or use the
employee’s work product—their
customers.
It makes sense to structure the feedback
and avoid the open-ended
approach common in networking. The
most practical approach is to define the
space for feedback around relevant
competencies. It is also useful to ask
for the purpose and frequency of the
interaction.
This is not networking of course. It is
important to have ground rules, primarily
to limit the number and frequency of
requests for feedback. Names should
probably be approved by supervisors
before feedback is solicited.
Dealing with Managers and
Employees as “Customers”
Our experience has convinced us that
we have overlooked a key point:
managers and employees are
customers of performance systems. As
with any new product or service, they
are not going to buy into its use if they
do not see how it benefits them. It’s the
“what’s in it for me?” test.
If this was the planning for a product,
the manufacturer would assemble focus
groups to assess design features. There
is no reason to think that is inappropriate
in planning new performance
management systems.
These are not highly theoretical or
complex issues. The question is simple.
“In your role as a manager, you are
expected to assess and rate (or categorize)
the performance of subordinates;
what is the best way to do that?” A
group of highly effective managers—
subject matter experts (or SMEs), in this
context—can with guidance develop an
answer that meets their needs (and they
can do that better than anyone who
does not understand the environment or
work system).
It would make sense to discuss that
question with groups from different
occupations. Managers trained as engineers,
for example, are likely to develop
a somewhat different answer than
managers in social services or in law
enforcement. The overriding issue is the
critical importance of buy-in and acceptance
by managers. It’s their tool.
They are certainly able to decide, for
example, if it’s reasonable to expect
their colleagues to develop meaningful
performance goals. They can also help
to identify competencies that contribute
to high performance. They understand
and can shed light on cultural barriers
as well as problems with the work
system. They can develop a strategy to
collect relevant performance information
from ‘customers’ and others who work
closely with their people. In other words,
they can play the lead role in planning
how performance will be evaluated. That
HR NEWS MAGAZINE

will contribute to a sense of ownership,
which is a key to acceptance.
Experienced, high performing specialists
can play a similar and complementary
role in system planning. They take pride
in their abilities and accomplishments
and typically want to ‘raise the bar’ for
everyone. In their role as SMEs, they are
fully capable of identifying and defining
performance criteria for their occupation.
An advantage is that the criteria will be
expressed in the jargon that is meaningful
and relevant to their coworkers.
Yes, these groups need guidance, but as
SMEs they obviously know their workplace
better than anyone.
From the same vantage point, similar
groups should be asked periodically to
evaluate experience and suggest
improvements in the performance
management process. They can
comment on the need for training or
changes to refine the system. That is
consistent with the role of focus groups
in improving products or services.
That actually would be a useful first step
to evaluate the existing performance
system. They may not know how to “fix
it” but they understand the problems
and can offer ideas for “fine tuning.” At
the very least they can confirm the need
to develop a replacement.
The Future Demands New
Strategies
Obviously we agree with Pulakos and
O’Leary. We come at this from a very
different background but have reached
essentially the same conclusion. In their
words,
…we believe that fundamental
change is needed in how performance
management is implemented and
viewed, from an administrative exercise
to the most important tool
managers have to help them accomplish
work through others. In our
experience, this occurs only when
managers and employees see value
in the performance management
system for themselves rather than
something that is imposed from HR.
Few of the ideas promulgated over the
last half century have proven to be effective.
The mistake was focusing on the
design of the forms and on technology.
MANAGING PEOPLE IN TOUGH TIMES
Neither governs the way managers deal
with performance issues.
At the same time, with the increasing
importance of knowledge jobs that
cannot be managed effectively with traditional
supervisory practices, employers
in all sectors need better strategies for
promoting better performance. Simply
completing an appraisal form is obviously
not the answer. In the past, that
may have identified the “bad apples,”
but it has little if anything to do with
helping employees grow and improve
their performance.
Pulakos and O’Leary also highlighted the
need for a formal performance management
system. When ratings are used in
personnel decisions, they need to be
credible and defensible. Those decisions
are too important and mistakes potentially
too costly. When the process loses
credibility and is seen as unfair, legal
problems are far more likely.
They have taken an important step in
highlighting the central role of managers.
Their impact on employee performance
cannot be overstated. Research has
shown ineffective managers are the
primary reason employees resign. They
are also instrumental in creating a
committed, high performance work
group. Several years ago a major
company tried to replicate in their
facilities what they saw as the policies
believed to be responsible for high
performance. Ultimately they were
unsuccessful because they focused on
the policies and systems and not on
the relationships managers had with
their people.
The value of new work management
strategies is actually well documented.
We know how to create high performance
teams. There are no simple solutions
and the changes will take time to
become the new norm. The new generation
of workers entering the workforce
will demand change—it cannot be
avoided.
This may not seem to be ideal time to
address this issue but with budget cuts
and staff reductions this may actually
be an ideal time. Change is always
easier to accept in a crisis.
It’s not that performance management
systems are broken. Millions of small
employers are successful without a
formal system. The problem is in the
way managers are selected, in their
understanding of their new role, and in
the support provided to help them make
the transition. The systems are not the
problem.
William Wilder retired as human resources
director for the city of Charlotte, N.C., and is a
former director of the compensation program
for the state of Florida. He is owner of Wilder
Consulting, a firm providing human resources
services and executive search. He can be
reached by e-mail at bwilder@carolina.rr.com.
Dr. Howard Risher is a private consultant and
frequent author on pay and performance
issues. He has experience in every sector
including federal, state, and local government.
He can be reached by e-mail at
h.risher@verizon.com. —N
Summer 2011 issue of Public
Personnel Management now
available online
The Vol. 40, No. 2 Summer 2011 issue of Public Personnel Management is now
available online. To access it, visit www.ipma-hr.org, log in using your
membership or subscription ID number, click on the Publications tab at the top of
the page, and then select Public Personnel Management. Select 2011 Summer PPM
from the list of archived issues. (Please note that the PDF file is 5.51 MB.) Contact
us by e-mail at publications@ipma-hr.org or by phone at (703) 549-7100 with any
questions. —N
WWW.IPMA-HR.ORG JULY 2011 | 23 |

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| 24 | JULY 2011 HR NEWS MAGAZINE

Nominations Now Being Accepted for
IPMA-HR Chapter Award of Excellence
IPMA-HR will once again reward one of its chapters with the
Chapter Award of Excellence. The Chapter Award of Excellence
recognizes chapters that significantly advance and enhance the human
resources profession through innovative membership
recruitment/retention strategies, excellent educational programs and
quality member communications.
The award for the Chapter Award of Excellence is based on
membership recruitment/retention strategies, educational programs,
and member communications. Chapters nominated must have
submitted their current and previous year’s chapter reporting form
and be current in paying the united membership fee.
Presentation of the Award
The Chapter Award of Excellence will be presented during
IPMA‐HR’s 2011 International Training Conference in Chicago,
Ill., which will be held September 24–28. All members from the
winning chapter who attend the International Training Conference
will receive recognition.
The winner will receive the following:
■ Chapter Award of Excellence plaque
■ One complimentary 2011 IPMA‐HR International Training
Conference registration
■ One additional registration to the 2011 IPMA‐HR Leadership
Conference
■ Recognition in IPMA‐HR’s publications
Nomination Deadline Friday, July 15
All nominations must be submitted to the IPMA‐HR headquarters
no later than Friday, July 15, 2011; electronic submissions are
preferred. Nomination forms can be found on the IPMA-HR Web
site at http://173.203.145.88/sites/default/files/IPMA-
HR%20Chapter%20Award%20of%20Excellence_2011.pdf and
should be e-mailed to Debbie Tankersely‐Snook, at
dtankersely@ipma hr.org. If you are unable to submit your nomination
electronically, please mail the original and five copies to:
IPMA‐HR
Attn: Debbie Tankersely‐Snook
1617 Duke Street
Alexandria, VA 22314
Applications will be reviewed by a panel of regional representatives.
Questions? Contact Debbie Tankersely Snook at
(703) 549-7100. —N
IPMA-HR Announces Call for Applications
for Ronald Gabriel New HR Professionals’
Conference Scholarship The 2011 International Training Conference will be held
The Ronald Gabriel New HR Professionals’ Conference
Scholarship, which was established last year in memory of
Ronald Gabriel, a longtime IPMA-HR member who left a
bequest to the Association, will be offered again this year to two
individuals. The value of each scholarship is up to $2,000, and
can be used for hotel, travel, and meal expenses associated with
the 2011 International Training Conference.
To be eligible for the Ronald Gabriel New HR Professionals’
Conference Scholarship, an individual needs to be an IPMA-
HR member—either an individual member or a covered staff
member (CSM) of an IPMA-HR agency member—and have
less than five years of HR experience.
September 24–28 in Chicago. The deadline for the receipt of
scholarship applications is July 15, 2011.
Visit www.ipma-hr.org/public-sector-hr-community/awardsscholarships-fellowships
to download the application for the
Ronald Gabriel New HR Professionals’ Conference
Scholarship.
For more information, please contact the IPMA-HR meetings
department by phone at (703) 549-7100, or by e-mail at
meetings@ipma-hr.org. —N
WWW.IPMA-HR.ORG JULY 2011 | 25 |

NEWS
2011 IPMA-HR International
Training Conference Approaching;
Register Today!
If you’re planning to attend the IPMA-HR International Training
Conference, which will be held September 24–28 at the Chicago
Marriott Downtown Magnificent Mile Hotel in downtown Chicago
this year, don’t wait another minute to register. After July 15, you
won’t be able to take advantage of the special early-bird rate of $600.
(Full registration for IPMA-HR members increases to $650 after July
15; on-site registrants pay $700.)
The conference registration fee includes two and a half days
featuring concurrent sessions beginning Monday, September 26.
Participants will find a broad range of interactive programs with slide
presentations, panel discussions and lectures. Featured speakers will
shed new light on issues you deal with daily and prepare you for the
changing roles and responsibilities that are required of HR professionals.
IPMA-HR is also continuing the group registration discount
program for the 2011 conference. Through the program, full conference
participants with three or more staff from the same organization
or agency can deduct $50 from the applicable registration fee for
each registrant. Each member of the group must complete a registration
form. All group registration forms must be submitted simultaneously.
Everyone in your organization can benefit by your attendance at the
IPMA-HR International Training Conference. Conference participants
can be a force for change in their organization by bringing
knowledge home. Especially in these tough financial times, this is
essential.
IPMA-HR is incorporating many different avenues for learning at
the conference, including pre-conference workshops, informational
sessions, networking sessions, roundtables, and our newest addition—the
option to purchase a replay package of selected concurrent
sessions following the conference.
During this year’s conference, participants will meet the best and the
brightest in public sector HR. With more than 30 educational
sessions, including Surviving and Thriving in a Social Media World,
Recruiting for the “Next Generation” in Public Service, and
Navigating the Seismic Landscape of ADA and FMLA, you and
your agency will reap the benefits of best management practices,
success stories, tools and practical solutions. Participants will also
have the opportunity to turn their biggest challenges into their
greatest accomplishments when learning from experts, leaders in the
field and fellow practitioners.
What’s New for 2011?
■ Virtual Conference Option: Conference participants can purchase
a package featuring the audio synched with PowerPoint slides for
many of the conference sessions at a discounted rate.
■ More Peer-to-Peer Facilitated Discussions
■ New Topical Facilitated Discussions
■ More educational sessions
■ New networking event specifically for first-time attendees
Make Your Hotel Reservation Now!
Conference presentations and sessions are sure to be hits, and you
won’t want to miss them. Please don’t wait to make your hotel reservation
for attending the conference in September. The Chicago
Marriott Downtown Magnificent Mile Hotel has set aside a limited
block of rooms for IPMA-HR conference attendees at the special
rate of $189 (+ tax) per night for single and double rooms. The
special rate is in effect until Sept. 1. All rooms are available on a firstcome,
first-served basis or until the room block is at capacity. After
Sept. 1, or until the room block is at capacity, reservations will be
taken on a space- and rate-available basis only. Reservations can be
made by calling the Marriott reservation line at (800) 266-9432 and
referencing the IPMA-HR Conference, or online by visiting the
special reservations site at https://resweb.passkey.com/Resweb.do?
mode=welcome_ei_new&eventID=3160992.
Airline Discount Now Available
IPMA-HR has arranged a special discount of five percent off the
lowest published airfare through American Airlines for those flying
into Chicago’s O’Hare International Airport. If you need to make
airline reservations, call American Airlines at (800) 433-1790 from
anywhere in the United States or Canada and refer to your promotion
code (6591AU) or go online to www.AA.com, choose “More
Flight Search Options” and type the promotion code (6591AU) in
the appropriate box.
Questions about the conference can be directed to meetings@ipmahr.org.
Please continue to check the conference Web site at
www.ipma-hr.org for updates. —N
| 26 | JULY 2011 HR NEWS MAGAZINE

The Top Five Reasons
to Attend the 2011
IPMA-HR Conference
1. Build your network. In a difficult economy, your
network is your single most important asset. Build YOUR
network at the IPMA-HR conference.
2. Build your skill set. A well-rounded skill set is critical
to your success. At the IPMA-HR conference, you can
choose from more than 30 educational sessions and five
pre-conference workshops that will help you learn and
succeed.
3. Learn what’s REALLY happening and what other
agencies are doing to overcome challenges.
At the IPMA-HR conference, you’ll get smart solutions
based on what’s working in other HR agencies.
4. Earn credit toward recertification. Earn up to 11
points toward IPMA-HR recertification.
5. Return on investment. The educational program
coupled with outstanding networking and best practices
will save your agency time and money because you’ll be
learning about REAL solutions to the problems your
agency is facing. By learning about what’s really working
from other HR agencies, you’ll make decisions based on
best practices and avoid costly mistakes. —N
Validation Participants
Needed for New Fire
Engineer Test
Arecent needs assessment showed that customers were very
interested in a test for fire engineer. We want to provide you
with new tests, but we can’t do it alone. We need your help. Visit
www.youtube.com/watch?v=yw9j_LCnps4&feature=related to
view a short, entertaining video featuring comedian Michael
Rosander. He’ll explain what’s involved in participating in the fire
engineer test development project and will also tell you about all
the benefits to your agency for participation.
If, after watching the video, you decide you would like to participate,
visit www.ipma-hr.org/assessment/development to complete
the interest form or call Andrey Pankov in the IPMA-HR
Assessment Services Department, at (703) 535-5252. —N
IPMA-HR Managing
Employee Performance
as a Human Resources
Business Partner
Offered in partnership with Prince George’s Community College
2011 course beginning July 6, 2011
IPMA-HR Members $495; Non-Members $595
This course examines the “how-to’s” for creating strategic
partnership with human resources supervisors and managers
to effectively manage employee performance. Participants have an
opportunity to develop their own action plans for partnering with
management in developing plans for their organizations.
Who should attend?
Senior managers who are interested in improving organizational
performance, HR directors, and other HR specialists whose responsibilities
include performance management and/or organizational
development.
Here are just a few of the learner outcomes:
■ Defining performance management
■ Understanding the variety of performance management systems
available
■ Developing the competencies needed to be a business partner and
how to apply them
■ Understanding and assessing how performance management
partnerships benefit an organization
■ How to select the performance management system appropriate
for your organization
■ How to apply performance management in your organization
Benefits of online learning:
■ Convenience: You decide when and where to take your classes—
at work, at home, any time
■ Fast: Complete the program in only five weeks
■ Priorities: Continue to work full-time
Enroll today for the online class starting July 6!
Prince George’s Community College is a fully-accredited, two-year
institution of higher education serving students and working adults from
Prince George’s County Maryland, Metropolitan Washington D.C., and
around the world. The college’s main campus is located less than 10 miles
from the nation’s capital at 301 Largo Road in Largo, Maryland, with
additional campuses in Hyattsville, Laurel, and Camp Springs on
Andrews Air Force Base.
This course is also available as an on-site seminar. Please visit
www.ipma-hr.org, email meetings@ipma-hr.org, or call
(703) 549-7100 for more information. —N
WWW.IPMA-HR.ORG JULY 2011 | 27 |

MEMBERSHIP MATTERS
Member News
Stephanie Appel, IPMA-CP, was appointed the director of
human resources for the Justice and Public Safety Cabinet, State of
Kentucky. The Justice and Public Safety Cabinet includes the
Department of Corrections, Department of Juvenile Justice,
Kentucky State Police, Department of Criminal Justice Training,
and the Department of Advocacy. With more than 8,000 employees,
it is the largest cabinet in Kentucky State Government. She
served previously as the human resources director for the Department
of Corrections. She is the president of the IPMA-HR
Southern Region.
Kimla Milburn, IPMA-CP, retired from the City of Annapolis,
Md., effective May 1. At the time of her retirement, she was the
HR director. She will begin teaching in the Human Resource
Management Department at Wilmington University in Wilmington,
Del., starting in the fall. She is the IPMA-HR president-elect
and will serve as the 2012 IPMA-HR president.
Wes Morgan, IPMA-CP, SPHR, is the human resources director,
Cook County Health and Hospital Systems, Cermak Health Services.
He worked previously as the human resources director for the
Village of Downers Grove and as the deputy director of human
resources for the Chicago Park District. He serves on the IPMA-
HR Certification Advisory Board, Conference Program Committee
and Long-Range Strategic Plan Taskforce.
Ruben Nieto, IPMA-CP, has retired. At the time of his retirement,
he was the human resources director for the City of
Issaquah, Wash. He was the president of the IPMA-HR Western
Washington chapter.
Dale Pazdra, IPMA-CP, has been named the director of human
resources for the City of Coral Springs, Fla. He worked previously
as the human resources manager for the City of Coral Springs.
Prior to joining Coral Springs he worked in HR in the private
sector for more than 15 years. He serves on the IPMA-HR
Successful Practices Taskforce.
At its annual conference, which was held in Portland, Ore., the
Western Region presented the following Agency Awards for
Excellence:
■ Small Agency – Central Contra Costa, Calif., Sanitary District
Human Resources Department
■ Medium Agency – Coconino County, Ariz., Human Resources
Department
■ Large Agency – Snohomish County, Wash., Human Resources
Department
■ Very Large Agency – Los Angeles County, Calif., Human
Resources Department
Additional information about the award winners is available at
www.wripma-hr.org. —N
| 28 | JULY 2011
Certification Corner
Congratulations to these newly
certified individuals!
Denise Booth, IPMA-CP
Human Resources Analyst
Pierce County
Tacoma, Wash.
Susan Budzien, IPMA-CP
Human Resources Officer
County of San Diego
San Diego, Calif.
Tom Cody, IPMA-CP
HR Manager
City of South Pasadena, Calif.
Eileen Dalton, IPMA-CP
Assistant HR Director
Port Authority of New York and
New Jersey
New York, N.Y.
John Dam, IPMA-CP
HR Deputy Director
City of San Jose, Calif.
Julie Edmonds-Mares, IPMA-CP
Assistant Director
City of San Jose, Calif.
Connie Etzkin, IPMA-CP
Human Resources Director
City of Columbia, Tenn.
Lisa Garrett, IPMA-CP
Acting Personnel Director
County of Los Angeles HR
Department
Los Angeles, Calif.
Glen Godwin, IPMA-CP
Human Resources Director
City of Murfreesboro, Tenn.
Bonnie Jones, IPMA-CP
HR Consultant
University of Tennessee –
Municipal Technical Advisory
Service
Nashville, Tenn.
Laura Kirby, IPMA-CP
HR Management Analyst
City of Belmont, Calif.
Marie Klymkiw, IPMA-CP
Risk Manager
City of Covina, Calif.
Gary Martin, IPMA-CP
Human Resource Division
Director
Office of State Court
Administration, Oregon
Judicial Department
Salem, Ore.
Bazella Caprice McDonald,
IPMA-CP
Personnel Analyst, Civil
Service
City of Long Beach, Calif.
Korey Meckes, IPMA-CP
Human Resources Coordinator
City of Coral Springs, Fla.
Debra Milardo, IPMA-CP
Director of Personnel
City of Middletown Personnel
Department
Middletown, Conn.
Sheryl Montgomery, IPMA-CP
Senior Administrative Analyst
City of Anaheim, Calif.
Denise Perez, IPMA-CP
Human Resources Director
City of Naples, Fla.
Doreen Telles, IPMA-CP
Staff Development Specialist
Health and Human Services
Agency/Human Resources
San Diego, Calif.
HR NEWS MAGAZINE

MEMBERSHIP MATTERS
IPMA-HR Recognizes New Members
IPMA-HR would like to recognize the following individuals and agencies for recently becoming members.
New Agency
Members
Town of Weymouth, Mass.
San Francisco Unified School
District
San Francisco, Calif.
Charlotte Housing Authority
Charlotte, N.C.
SLAC National Accelerator
Laboratory
Menlo Park, Calif.
New Individual
Members
Juanie Cranmer
County of Mendocino, Calif.
Gena Spivey
City of Fort Pierce, Fla.
Michael Finnerin
Maryland
Renay McIntosh
City of Winston-Salem, N.C.
Evelyn Goodwin
Office of the Architect
of the Capitol
Washington, D.C.
Leilani Taitague
Guam Public School System
Personnel Services, Guam
Marian Nosal
Citrus County Tax Collector
Inverness, Fla.
Heather Carrizales
City of Port Orange, Fla.
Mark Dixson
Kenai Peninsula Borough,
Alaska
Donna Black
City of Lansing Personnel
Department
Lansing, Mich.
Karen Budrow
Massachusetts
Robin Urban
County of Los Angeles, Calif.
Krista Dickerson
City of Allen, Texas
Sheila Banks
U.S. Election Assistance
Commission
Washington, D.C.
Leesa Benggio
South Carolina State Library
Columbia, S.C.
Allen Amatotsero
Whassan Eurest Nigeria Ltd.,
Nigeria
Shawne Boyd
Sedgwick County
Government, Kansas
Billie Smith
District of Columbia Courts
Washington, D.C.
Donita Pikes
Genesee County Human
Resources
Flint, Mich.
Bethany Carpenetti
Sedgwick County, Kansas
Michelle Noble
Board of Clark County
Commissioners
Springfield, Ohio
Cynthia Simms
Prince George’s County, Md.
Phyllis Perry
North Carolina Office of State
Personnel
Raleigh, N.C.
Ada Hatten
City of El Paso, Texas
Abdou Gaye
Central Bank of Mauritania,
Mauritania
Jamie Thomas
Office of State Superintendent
of Education
Washington, D.C.
Jermaine Goodman
U.S. Army, Texas
Candidate Slate Set for Upcoming Election
The IPMA-HR Nominating Committee, which is chaired by
immediate past-president Margaret M. Whelan, IPMA-CP,
has established the slate of candidates for the upcoming election of
the 2012 IPMA-HR president-elect. The slate of candidates will
include:
■ Mila Cosgrove, IPMA-CP, Human Resources and Risk
Management Director, City and Borough of Juneau, Alaska
■ Barbara Montoya, IPMA-CP, Personnel Director, Montgomery
City-County Personnel Department, Montgomery, Alabama
Nia Ray
Missouri Department of
Economic Development
St. Louis, Mo.
Jessica Aponte
Argosy University
Salt Lake City, Utah —N
The ballots will be distributed to all voting members of the
Association August 8–12. September 12 is the deadline for the
receipt of ballots. IPMA-HR voting members include all individual
members and covered staff of IPMA-HR agency members.
For more information, please contact IPMA-HR Executive
Director Neil Reichenberg at nreichenberg@ipma-hr.org. —N
WWW.IPMA-HR.ORG JULY 2011 | 29 |

RECRUITER SERVICE
Division Director, Labor Relations
Wayne County, Mich.
Detroit, Mich.
Salary Range: $86,800–$134,900
Job Description: Wayne County is seeking a dynamic, strategicminded
and technology savvy individual to oversee the Labor
Relations and Dispute Resolution Division of the Department of
Personnel/Human Resources. Wayne County currently employees
approximately 3,500 and works with 18 locals and maintains 13
collective bargaining agreements. The division director, Labor
Relations is responsible for planning, implementation and
administration of all labor relations programs ensuring adherence
to the terms of the collective bargaining agreement. Directly
oversees and manages the establishment of a labor strategy and
spearheads all activities related to preparing for labor
negotiations; serves as Wayne County’s chief negotiator during
collective bargaining. Oversees all other aspects of
labor/management relations; providing specific expertise in areas
including but not limited to, contract administration/interpretation,
grievance processing/resolution, arbitrations and litigations. This
is an appointed position and is mandated by county charter, the
incumbent serves at the pleasure of the county executive. Salary
is commensurate with experience and will be in the range of
$86,838–$134,971; however, most individuals will not be hired
beyond the mid-point of the salary range. Wayne County also
offers an excellent benefit package to its employees
Job Requirements: Eligible candidates will be knowledgeable in
civil service, unemployment laws and EEOC; have at minimum of
10 years of experience in the above mentioned areas and a
master’s degree in labor and industrial relations or a closely
related field; however a juris doctorate is preferred.
To Apply: Please submit a resume, cover letter and required
salary to: Director of Recruitment and Selection, Wayne County –
Department of Personnel/Human Resources, 500 Griswold, 9th
Floor, Detroit, MI 48226; Fax: (313) 967-1231; E-mail:
hrexam@co.wayne.mi.us.
Human Resources Director
County of Galveston
Galveston, Texas
Salary Range: $80,729–$89,110
Job Description: Directs and oversees all human resource
functions. Please view job description at www.co.galveston.tx.us.
Job Requirements: Minimum Education: Masters degree. Minimum
Experience: Five Years
To Apply: Please apply at www.co.galveston.tx.us.
Employment Testing and Validation Analyst
City of Dallas – Civil Service Department
Dallas, Texas
Salary Range: $41,293–$69,496
Job Description: The employment testing and validation analyst is
responsible for conducting job analyses; developing written
examinations for civilian, police, and fire classifications; writing
and creating assessment center scenarios; administering police
and fire department assessment centers; administering the fire
physical abilities test; analyzing test results; and documenting the
examination processes in formal reports.
Job Requirements: Bachelor’s degree in psychology, human
resources, business/public administration or behavioral/social
science field plus four years of professional level experience in
personnel selection test development, test validation and/or job
analyses. Experience and/or coursework should include
developing/administering surveys, evaluating statistical data, and
applying scientific research methodology. Must have effective oral
and written communication skills, MS Word/Excel, Statview, SPSS,
Score-Up or similar software skills, valid driver’s license and good
driving record. Experience creating assessment center exercises
and/or administering an assessment center is a plus. Master’s
degree in industrial/organizational psychology or human resources
field will substitute for two (2) years of the required experience;
Ph.D. in industrial/organizational psychology will qualify.
To Apply: ONLINE APPLICATION: www.dallascityhall.com. The City
of Dallas is an equal opportunity employer.
Human Resources Director
City of Peoria
Peoria, Illinois
Salary Range: $96,908 to $128,400
Job Description: The City of Peoria, Ill. (population 115,007), the
worldwide corporate headquarters of Caterpillar, Inc., seeks a
proven and successful human resources director. The human
resources director plans, organizes and reviews the human
resource functions of the city and advises the city manager and
city council on human resources issues. Peoria is located on
Interstate 74 and is 169 miles from St. Louis, Mo., and 168 miles
from Chicago, Ill. The position is responsible for planning,
directing, organizing and administering the operations and staff of
the human resources department. Also provides leadership and
direction to the organization and interprets the goals and policies
of the city under the direction of the city manager.
Job Requirements: Bachelor’s degree from an accredited four-year
college or university in business administration, public
administration, human resources management, industrial relations,
psychology, or a related field; SHRM and/or IPMA-HR certification
or reciprocal state equivalent. Ten or more years of progressively
responsible related experience in human resources functions, to
include significant experience in health care management, labor
relations, employee benefit analysis, risk management, recruitment
and placement, citywide training and affirmative action/equal
opportunity considerations in selection, discipline and
advancement. Strong executive leadership, project management,
budget and communications skills important.
To Apply: Initial screening of applicants begins July 5, 2011.
OPEN UNTIL FILLED. Apply online www.ci.peoria.il.us, or to City of
Peoria, 419 Fulton Street, Room 302, Peoria, IL 61602. Phone:
(309) 494-8575; Fax: (309) 494-8587; E-mail:
humanresources@ci.peoria.il.us. City residency required within one
year of hire. EOE/AA. —N
| 30 | JULY 2011 HR NEWS MAGAZINE

$25,000 CPS/IPMA-HR Grant to be Awarded
to Qualified Applicant
IPMA-HR and CPS HR Consulting have formed a partnership
to establish a grant program for the encouragement of innovative
human resources practices in the public sector. It is the
mission of both IPMA-HR and CPS to further the discipline of
HR through support of personnel programs and initiatives. The
purpose of this grant program is to support excellence in HR
through recognition of contributions to public service that foster
quality, fairness, equity, and solutions to organizational needs. The
grant will be offered to agencies demonstrating the promotion of
such objectives through the implementation and utilization of
innovative human resource programs.
IPMA-HR and CPS will again this year offer one $25,000 grant
to a qualified applicant, though they may not offer grants in any
given year if there are insufficient applicant proposals meeting
grant criteria.
Eligibility Requirements
The agency selected for the CPS/IPMA-HR grant will be respon-
IPMA-HR’s Developing Competencies for
HR Success Online Training
Offered in partnership with Prince George’s Community College
Next course beginning September 21, 2011
IPMA-HR Members: $795; Non-Members: $995
Developing Competencies for HR Success is a comprehensive
training program that teaches the benefits of understanding
HR competencies, how to apply them, and how to integrate them
into business plans. As a standalone training program, this course
is the best way to become a strategic player within your organization.
This course will help you and your staff shift from managing
“people issues” to managing “people-related business issues.”
Learn about self-assessment, building teams and coaching staff,
resolving disputes and reaching consensus, creating a risk-taking
environment, communication and levels of listening, building trust
relationships, using consensus- and coalition-building skills, and
more with IPMA-HR’s Developing Competencies for HR
Success.
The online training consists of 11 weekly sessions. Benefits of the
online course include the following:
■ You decide when and where to take your classes—any place,
any time
■ You can complete the program in just 11 short weeks
sible for using the funds to establish a unique or innovative HRrelated
program within their agency. Meeting the following
requirements is necessary to be eligible for grant consideration:
■ Be a governmental agency in the U.S.
■ The funds must only be used for internal staffing and expenses
(not external consultants).
■ The implemented program must be new to the agency and
linked to the agency’s future goals or strategic plan.
■ The program must be outcome based (result oriented).
■ The agency must be able to demonstrate where and how the
funds were used.
■ Within eight months of receiving the grant, the agency
awarded will be expected to design and implement the program
so that the results can be published.
CONTINUED ON PAGE 32
■ You can continue to work full-time while participating in the
course
The entire program costs just $795 for IPMA-HR members and
$995 for non-members.
Completing IPMA-HR’s Developing Competencies for HR
Success course is a step towards certification. At the core of the
IPMA-HR certification program is an appreciation of the importance
of HR competencies. If you, or members of your staff,
desire to become certified as an IPMA-HR Certified Professional
(IPMA-CP) or an IPMA-HR Certified Specialist (IPMA-CS),
learning the concepts that are the foundation of this course is a
necessary step.
The IPMA-HR Developing Competencies for HR Success course
is also available as a seminar at your location. Visit www.ipmahr.org
to learn more about IPMA-HR’s Developing Competences
for HR Success course, or contact the IPMA-HR Professional
Development Department by e-mail at meetings@ipma-hr.org, or
by phone at (703) 549-7100. —N
WWW.IPMA-HR.ORG JULY 2011 | 31 |

Grant CONTINUED
FROM PAGE 31
■ The agency must publish their results with sufficient detail to
enable other agencies to use the program as a model.
■ The agency is expected to present their findings at any IPMA-
HR conference (with an expectation for the agency to present
their findings at the IPMA-HR International Training
Conference).
Application Process
For detailed information regarding the application process, visit
www.cps.ca.gov/documents/2011GrantCriteria.pdf. All applications
must be submitted by Aug. 5, 2011, to:
CPS HR Consulting
Attn: Teresa Howard
241 Lathrop Way
Sacramento CA 95815
E-mail: teresa@cps.ca.gov
Phone: (916) 471-3462
Fax: (916) 561-7262
E-mail submissions are strongly encouraged. If sending by mail,
include an electronic copy on a CD or flash drive.
Note: Applications will be acknowledged upon receipt. You will be
notified of the results of the application review on or about Sept.
9, 2011. The successful grantee will be announced at the IPMA-
HR International Training Conference in Chicago, Illinois from
Sept. 25–27, 2011 and the funds will be forwarded to the recipient
in December. The grantee is encouraged to attend the conference,
but it is not a requirement of the grant award.
Grant Application Form:
To download an application form that you can mail, please visit
www.cps.ca.gov/documents/ GrantApplication2011.pdf. It is in
PDF format. In order to open the document, you will need Adobe
Acrobat Reader. It is a free program. To obtain a copy, please visit
http://get.adobe.com/reader/.
Alternatively, to download an application in MS Word that you
can return by e-mail, please visit www.cps.ca.gov/documents/
GrantApplication2011.doc and save the file to your computer.
Complete the document and save the document under a different
title; we suggest you save the final document as
lastnamefirstnameInnovationGrantAPP.doc reflecting your
last name, your first name or initial and the words
InnovationGrantAPP. Complete the form and e-mail it as an
attachment to teresa@cps.ca.gov. If you are unable to e-mail
an attachment, you may print and fax the form to (916) 561-7262.
—N
PRODUCTS & SERVICES
Entry-level and promotional
test products, services, and
publications for public safety
and non-public safety personnel.
CALENDAR
July 6–August 9 Online Course: Managing Employee
Performance as a Human Resource
Business Partner
For more information, visit www.ipmahr.org/professional-development/online-courses/ipma-hr-managing-employee-performancehuman-resources-busine,
or contact IPMA-HR
Professional Development and Research
Coordinator Heather Corbin, either by phone
at (703) 549-7100, or by e-mail at
hcorbin@ipma-hr.org.
September 21- Online Course: Developing
December 6 Competencies for HR Success
Conference & Expo
For more information, visit www.ipma-hr.org/
professional-development/online-courses/
developing-competencies-hr-success-onlinetraining,
or contact IPMA-HR Professional
Development and Research Coordinator
Heather Corbin, either by phone at (703) 549-
7100, or by e-mail at hcorbin@ipma-hr.org.
September 24-28 2011 IPMA-HR International Training
Conference & Expo
Marriott Downtown Chicago Magnificent
Mile Hotel
Chicago, Ill.
For more information, visit www.ipmahr.org/professional-development/conferences,
or contact IPMA-HR Professional
Development and Research Coordinator
Heather Corbin, either by phone at (703) 549-
7100, or by e-mail at hcorbin@ipma-hr.org.
October 16-19 Eastern Region IPMA-HR Conference
Queensbury Hotel
Glens Falls, N.Y.
For more information, e-mail Mike Coury,
IPMA-CP, at mcoury@cityofnewport.com.
Watch the HR Bulletin and our Web site—www.ipma-hr.org—
for more information on educational opportunities.
Interested in
Advertising?
Call IPMA-HR Today!
(703) 549-7100
| 32 | JULY 2011 HR NEWS MAGAZINE

CF-FLS 102 Correctional Facility
First-Line Supervisor Test
With the CF-FLS 102 you get...
NEW!
Choosing your first line of supervision is a critical
decision. It not only affects day-to-day operations,
but also has far-reaching impact on the future management
of your entire organization.
Candidates for promotion study for the CF-FLS 102 from
a reading list of relevant textbooks and publications.
In addition to preparing for success on the test, your
candidates will gain valuable knowledge in
the realm of supervision. By using our test,
you ensure that the officers promoted to
first-line supervisory positions have the
building blocks required for success on
the job.
● A promotional test based on a thorough job analysis of correctional
facility personnel in a first-line supervisory position.
● Test questions further reviewed by subject-matter experts.
● Test supported by content validation study.
The test measures...
CONTENT ITEMS
Concepts of supervision 23
Correctional facility operation 21
Concepts for writing and reviewing reports and paperwork 16
Concepts of evaluating subordinate performance 14
Concepts of training 14
Concepts of administration 12
TOTAL 100
● Technical report detailing the job analysis, test development and test
validation processes used.
Start preparing your first-line supervisors for success—call IPMA-HR at
(800) 381-8378 (TEST) or visit us at www.ipma-hr.org/assessment.

Someone who will burn bright. Let
us illuminate your path to �nding the
brightest candidates. With high quality
tests at low per-candidate costs, we can help
meet your agency’s hiring and promotional
needs every step of the way. To �nd out
how our tests, publications and assessment
tools can guide you, visit us on the web at
www.ipma-hr.org/assessment.
www.ipma-hr.org | 800.381.TEST