MINUTES OF THE JANUARY 2003 COUNCIL OF FEDERAL EEO AND CIVIL RIGHTS EXECUTIVES

The January meeting was held on January 28, 2003. Bonita White, from HHS, hosted the meeting. Martin Levy filled in for Ms. White, who was unable to attend due to a last minute conflict in her schedule.

Council Chairs Delia Johnson and Jorge Ponce welcomed everyone and outlined the agenda.

Each attendee was asked to complete and return a form to update the Council’s directory.

Ms. White had worked with Mr. Charles Miller on the election process.  Mr. Miller presided over the election of new officers.  Mr. Miller advised the members, on behalf of Ms. White and himself, that only the current Co-Chairs, Ms. Johnson and Mr. Ponce, and Vice Chair, Ms. Era Marshall, had nominated themselves as candidates in accordance with the by-laws.  Mr. Miller encouraged all members to become more involved and opened the meeting for additional nominations from the floor.  No other nominations for Chair or Vice-Chair were presented.  The three current officers declined to make any speeches on behalf of their candidacies, other than stating that they would like to continue their roles in their current offices with the Council.   They were reelected to a new two-year term by unanimous voice vote through December 2004.

There was additional discussion on whether other current Council officers were willing to serve another term.  Ana Ortiz, currently one of the Vice-Chairs, agreed to serve for another term. Jackie Hoffman, currently Co-Secretary, was present and indicated that although she supported the Council and would remain as involved as possible, her duties in her current position were such that she did no feel she had the time to continue in the office.  Ms. Michelle Payton–Kenner, from OPM, was present and offered to serve as Secretary.  Although Mr. Robert Poindexter, the other current Co-Secretary was not present, he had sent word that he would be willing to serve as his time permitted.  By unanimous voice vote, Ms. Payton-Kenner was elected Secretary of the Council for the next term of two years, with Mr. Robert Poindexter serving as an alternate.

Ms. Johnson and Mr. Ponce thanked Ms. White and Mr. Miller.  Ms. Johnson reminded the membership that the by-laws do not permit officers to serve more than two terms and that other members should begin thinking now about serving as officers of the Council.  Mr. Miller reminded the membership that the by-laws require a minimum level of attendance at Council meetings for individuals wishing to serve as Council officers and for voting.  He asked that members be sure that they note their attendance on the sheets provided at each meeting, as that greatly simplifies the task of the election committee.

Each member introduced themselves and their respective agency.

Michelle Payton-Kenner, Chief, Center for EEO at OPM, provided insight as to how OPM restructured/relocated its EEO Office. EEO is now separate from Human Resources, and EEO investigations are contracted out. Ms. Payton-Kenner services approximately 4,000 people with a staff of eight people. The OPM’s new EEO structure created a new mission and functional statement, established two branches to improve and enhance customer service, and consolidated several functions. Also, it expanded the use of ADR to include dispute resolution and established new EEO strategic goals and performance measures. Handouts were provided.

Mr. Ponce indicated that EEOC had mentioned, at the last EEO Directors’ meeting, that the new language of the Federal Sector Reform Proposal might give EEO Directors access to agency heads, rather than have the EEO Directors report directly to agency heads. Mr. Ponce also pointed out that EEOC had met with Census to determine the release date for the EEO file with the 2000 data.  Census informed EEOC that this file would be available in the fall of 2003.  Thus, EEOC officials stated that agencies should use 1990 data for the next report on minorities, women, and people with disabilities. Regarding the No Fear Act, EEOC officials explained that section 303 delegated the rule making function to EEOC, and, thus, its Office of Legal Counsel was currently working on this issue.

Mr. Ponce pointed out that he had also raised, at the last EEO Directors’ meeting, that the Navy Department had advertised an SES position as Deputy Assistant Secretary of the Navy (Civilian Personnel/EEO) (Ann. No. CAPNW-SES-02-0201-776-NR) [look at the Navy Vacancy file], and that this contradicted the MD-110 mandate to have the EEO and Personnel as different functions.  Mr. Ponce asked the Director of the Office of Federal Operations what EEOC planned to do about it, and he responded that this was an issue that had been raised many times before. Mr. Ponce stated that it would not be brought up again after EEOC addressed it.

Ms. Johnson distributed a copy of OMB Circular No. A-76 (Performance of Commercial Activities), which she received during an OPM briefing she attended on behalf of the Council. The presenter at the briefing was Ms. Angela Styles, Administrator, Office of Federal Procurement Policy, Office of Management and Budget. Ms. Styles indicated that the goal of OMB Circular No. A-76 was not to move jobs out of the door, but to serve taxpayers better. She further indicated that as part of the President’s Management Agenda, she saw the proposed revisions as a tool for better management. Although certain positions would be exempted from competition, OMB’s concern was to improve the processing and practices that federal agencies used to determine whether public or private sector sources will perform commercial activities. Council members provided insight and input on the impact of A-76 within their respective agencies.

Mr. Ponce explained that EEO Directors who want to keep their investigations in-house should look at the provisions of the Fair Credit Reporting Act. An EEOC interpretation of the Act is currently posted on the Council’s webpage.

There was discussion on using interns as a means to succession planning and an avenue to train entry-level employees in the area of EEO and other components of federal agencies. Members weighed in on what their agencies were doing, and Mr. Santiful briefly described a program that his agency had developed to train entry-level employees.

Ms. Johnson provided a copy of the highlights, which Mr. Ponce had prepared, of the EEO Directors’ meeting that was held on 14 January 2003 at EEOC.

The next meeting will be February 25th. Additional information will be posted on the Council’s webpage as it becomes available. Any member willing to host the next meeting or any future meeting, please contact Ms. Johnson. Also, all members are encouraged to submit future agenda items to Ms. Johnson.