DENVER
1799 Pennsylvania Street
Denver, CO 80203
Main 303.839.5177
Toll Free 800.884.1328
SALT LAKE CITY
SCOTTSDALE
175 West 200 South, Suite 2005
Salt Lake City, UT 84101
Main 801.364.8479
Toll Free 800.884.1328
7975 N. Hayden Road, Suite D-280
Scottsdale, AZ 85258
Main 602.955.7558
Toll Free 800.437.9262
COLORADO SPRINGS
FORT COLLINS
6385 Corporate Drive, Suite 302
Colorado Springs, CO 80919
Main 719.667.0677
Toll Free 800.884.1328
2950 East Harmony Road, Suite 255
Fort Collins, CO 80528
Main 970.223.4107
Toll Free 800.884.1328
MSEC's 2017
Public Employers
Conference
Ten dynamic presentations in TED talk format
Friday, March 10, 2017 | Mile High Station | Denver
D . Be
Dr
Bena
nard
na
ard
d Ama
made
d i
de
MSEC.org
2017 Public Employers Conference
A systems
Approach to
Community
Development
Dr. Bernard Amadei,
Mortenson Center in
Engineering for Developing
Communities University of
Colorado, Boulder
2017 Public Employers Conference
Community
What is community? Etymology of the word
(“the gift of being together”)
Common characteristic: place of interaction
Three basic meanings:
- geographical community (physical space)
- community of identity (interests and needs)
- issue-based community (cause or issue)
2017 MSEC Public Employers Conference
1
San Pablo, Belize
Engineers Without Borders - USA
Partners with communities to improve their
quality of life
Develops internationally responsible engineers
and engineering students
Involves 16,000 members, 400+ projects in
45 countries.
TM



0.78 billion lack clean water
2.5 billion lack adequate sanitation
2.4 billion are at risk for malaria
Engineering for the developing world
 1.2 billion lack adequate housing
 1.6 billion have no access to electricity
 1.3 billion are illiterate
2017 MSEC Public Employers Conference
2
How can all humans have fulfilling lives, meet their
basic needs, and live with dignity and at peace?
Creating Communities
Have capacity through resources
and knowledge to:
Address their own problems
Sustain themselves
Cope and adapt to various
hazards
Satisfy their own basic needs
Demonstrate livelihood security
Participatory Community
Development
2017 MSEC Public Employers Conference
3
Development as Transformation
Personal transformation
Prioritizing basic human needs
Respecting the wealth of communities
Seventh generation approach
Justice for all
Inclusivity – participation by all
Building local self-reliance
Building alternative structures
2017 MSEC Public Employers Conference
4
Systems Approach
What makes a system?
The parts or components
The relationship between parts
The purpose of the system
Rules that control component behavior
Simple, Complicated, Complex
Simple: we know the knowns
Complicated: we know the unknowns
Complex: we don’t know the unknowns
Chaotic: it is all over the place
2017 MSEC Public Employers Conference
5
Community as Adaptive System
Constantly evolve and grow
Self-organization, self-correction, and
adaptation
Communities interact with their environment
through feedback mechanisms
2017 MSEC Public Employers Conference
6
A Global View of System Thinking
See the world in wholes instead of snapshots
See how parts of systems work together
See relationships from different perspectives
Help understand the changing nature of life
Help understand how one event can influence another
Help understand that what we see happening around us
depends on where we are in the system
Challenges our own assumptions
(from Linda Sweeney, 2001)
Causal Loop Diagrams
2017 MSEC Public Employers Conference
7
Network Analysis
Weak Economy
Overall
Water Quality
Poor Health
Insufficient
Cash Crops
Weak Farming Industry
Less Food
Low Crop
Yields
Lack of Agriculture Knowledge
Lack of Business
Knowledge
Lack of access to
markets outside
the community
Little water
Poor Distribution
System
Damaged Irrigation
Canals
Poor Soil Quality
Wet Season vs.
Dry Season
Little Storage
Deforestation
Lack of
Education
↓ Supplies & Resources
No Maintenance
Lack of Organization
Farmers Not willing to
Invest in Change
Lack of Government Support
2017 MSEC Public Employers Conference
8
Strong Economy
Overall
Improved Health
Sufficient
cash crops
Improved Water
Quality
More Food
Strong Farming Industry
Increased
Crop Yields
Increase Knowledge of
Agriculture
Increase in water
Increase Business
Knowledge
Increase access to
markets outside
the community
Improve
Distribution System
Reforestation
Water storage
during Dry Season
Repair/New
Irrigation Canals
Learned
Maintenance
techniques
Farmers Organized for
Co-op program
Improved Soil
Quality
Increase Storage
Capacity
Increase in
Education
Lack of Government Support
Farmers willing to Invest
in Change
“The significant
problems we face
today cannot be
solved at the same
level of thinking we
were at when we
created them.”
Albert Einstein
Contact: [email protected]
2017 MSEC Public Employers Conference
9
2017 Public Employers Conference
Legal Update
and What to
Expect from
the Trump
Administration
Tina Harkness, MSEC
Esq., SPHR, SHRM-CP
2017 Public Employers Conference
EOs
Immigration
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
Hiring
Regulations
2017 Public Employers Conference
Gender
Pay Gap
LGBT
Protections
↑ Federal
Minimum
Wage
Marijuana
2017 Public Employers Conference
ACA
•
•
•
•
Trump EO
Regulatory freeze
Senate filibuster of “full” repeal
Budget reconciliation may
repeal fiscal portions
2017 Public Employers Conference
2017 MSEC Public Employers Conference
2
DOL Overtime Rule
• Stayed
• If changes made, most kept
• More modest increase possible
2017 Public Employers Conference
Pregnancy
• Accommodation
• Paid maternity leave?
• Strong Families Act
• FAMILY Act
2017 Public Employers Conference
SCOTUS
• Class action waivers
• EEOC power
• Union dues and
public employees
2017 Public Employers Conference
2017 MSEC Public Employers Conference
3
The Agencies
2017 Public Employers Conference
Colorado Legislature
• Parental leave
• Pensions
• CORA
• Peace officers
2017 Public Employers Conference
115th U.S. Congress
• ACA
• Jobs
• Immigration
2017 Public Employers Conference
2017 MSEC Public Employers Conference
4
Case Law
2017 Public Employers Conference
• Fewer new laws and regulations
• More hands-off agency
enforcement
• More EOs
• General strikes
2017 Public Employers Conference
• Stay informed!
• Analyze impacts
• Be prepared to comply
2017 Public Employers Conference
2017 MSEC Public Employers Conference
5
Thank
you!
It Is
Certain
2017 Public Employers Conference
2017 MSEC Public Employers Conference
6
SCOTUS
CRST Van Expedited Inc. v. EEOC (6/20/16) – Held a favorable ruling on the merits is not necessary to find that a
defendant is a prevailing party for an award of attorney’s fees under Title VII of the Civil Rights Act.
Green v. Brennen (5/23/16) – Held the limitations period for constructive-discharge claims runs begins with an employee’s
resignation.
Spokeo Inc. v. Robins (5/16/16) – Held an injury in fact must be both concrete and particularized. Vacates and remands
Ninth Circuit's decision because observations concerned only "particularization" and were incomplete.
Heffernan v. City of Patterson (4/26/16) – Held, when an employer demotes an employee out of a desire to prevent
employee from engaging in protected political activity, employee is entitled to bring First Amendment and Section 1983
claims even if employer's actions are based on factual mistake about employee's behavior.
Friedrichs v. CA Teachers Association (3/29/16) – Affirmed public-sector “agency shop” arrangements are valid under First
Amendment.
10th Circuit Court of Appeals (CO, KS, NM, OK, UT, WY)
Washington v. Unified Government of Wyandotte County, Kansas (2/16/17) – Affirmed dismissal of county employee fired
from juvenile detention center after testing positive for cocaine §1983 claims alleging random drug test violated his Fourth
and Fourteenth Amendment rights and breached his employment contract. County had legitimate special need to
randomly drug test its employees; county's interests in safety and welfare of individuals at juvenile detention center
outweighed employee's privacy interests; employee did not have protected property interest in continued employment;
and no evidence employee suffered damaged liberty interest in his good name and reputation following termination.
Cvancara v. Reams (1/23/17) – Affirmed dismissal of former employee’s §1983 action against sheriff's department,
alleging she was fired in retaliation for exercising her First Amendment free-speech rights. Employee's complaints about
her supervisor were not a matter of public concern.
Bates v. Board of County Commissioners of Mayes County (1/5/17) – Affirms dismissal of Patsy Marie Bates’s §1983 claims
against Aaron Peters and the Board of County Commissioners of Mayes County (“the Board”) alleging deprivation of her
constitutional rights when Peters sexually assaulted her while she was a detention officer at the Mayes County Jail.
2017 MSEC Public Employers Conference
1
Helget v. City of Hays, Kansas (1/4/17) – Affirmed dismissal of former Hays Police Department administrative secretary’s suit
against city, city manager, and chief of police, alleging wrongful termination in retaliation for her First Amendment
activity of providing affidavit in support of former police officer's wrongful-termination litigation against the City. City's
operational interests outweighed Helget's speech interest because her role required her to work closely with superiors and
maintain confidential information and her disclosure of those confidences caused superiors to lose trust in her, directly
undermining the Department's operations.
Muhammad v. Hall (1/4/17) – Affirmed dismissal of suit concerning non-selection for a teaching position. After losing her
job as an assistant principal, Muhammad alleged academic fraud and sued the school district. She later applied for a
teaching position at another school in same district, whose principal was Mylissa Hall. Hall was not the final decisionmaker on teacher hiring at her school, but submitted recommendations to superiors. Hall recommended that
Muhammad be hired, but Hall's immediate superior rejected Muhammad due to her history with the school district.
Muhammad’s §1983 claim fails because Hall was not the final decision-maker. Court has not yet decided whether a
subordinate employee can be liable for First Amendment retaliation when he or she merely acts at the direction of a
superior who desires to retaliate.
Vogt v. City of Hays, Kansas (1/4/17) – Arrestee, who had worked as police officer for city and had sought employment
with neighboring city, brought §1983 action against both cities and four police officers, alleging violations of his Fifth
Amendment right against self-incrimination by initiating criminal investigation after arrestee disclosed during hiring process
that he kept a knife he obtained in course of his work as police officer, and by using those statements to support
prosecution during probable cause hearing. Fifth Amendment right against self-incrimination applies to use in a probable
cause hearing as well as at trial. Affirms dismissal of the claims against police officers due to qualified immunity, but
reverses dismissal of the claim against City of Hays.
Coleman v. Utah State Charter School Board (12/16/16) – Former director and co-founder of publicly-funded, privatelyrun charter school sued state charter school board, asserting §1983 violation of due process claim preceding her
nonrenewal, after board's investigation found that she had denied special education services to eligible students.
Director lacked property interest protected by procedural due process; director was not deprived of due process
protected liberty interest in her reputation; and government did not arbitrarily interfere with private employment as onleave unpaid school board member.
2017 MSEC Public Employers Conference
2
Glapion v. Jewell (12/14/16) – Former job applicant sued Bureau of Reclamation for race, color, and sex discrimination
and retaliation based on prior EEO activity when it first selected her for employment at lower level than she thought she
was qualified, and then rescinded her employment offer. Bureau did not discriminate against applicant by offering her
position at lower level than she thought she was qualified or when it withdrew job offer. Bureau’s decisions were not
pretext for retaliation based on EEO activity; and she failed to exhaust administrative remedies for her EEO complaint.
Stapp v. Curry County Board of County Commissioners (12/6/16) – Affirmed dismissal of former employee’s claims for
constructive discharge, hostile work environment, and retaliation. County had reasonable policy to prevent and promptly
correct prohibited harassment and Stapp unreasonably failed to take advantage of policy. Stapp could not show the
requisite causative link between protected activity and adverse consequences.
Dye v. Moniz (12/6/16) – Affirmed dismissal of former employee’s Rehabilitation Act and Title VII claims of disability
discrimination and hostile work environment. Employee was not subjected to a hostile work environment when her
supervisor allegedly did not give her meaningful work, gave her a negative job evaluation, and threatened a
performance improvement plan, and employee did not suffer a materially adverse action, as required for her retaliation
claim.
Tilghman v. Kirby (10/7/16) – Affirmed dismissal of former county employee hostile work environment, sexual harassment,
and retaliation under the Oklahoma Anti–Discrimination Act (OADA) and §1983 claims brought action against county
board of commissioners. Board could not be held liable for hostile work environment under OADA for former
commissioner's sexual harassment of employee; board was not liable for sexual harassment under §1983; and supervisor
speaking to employee about tardiness was not materially adverse employment action.
Denton v. Yancey (10/3/16) – Affirmed dismissal of police officer First Amendment rights to free speech and association
§1981 and §1983 actions against city, police chief, and city manager, relating to investigation of officer's use of force
against arrestee, police chief's attempt to terminate officer's employment as disciplinary sanction, and release of video of
officer's use of force to news media. Officer's arbitration testimony did not concern matter of public interest, and, thus,
city, police chief, and city manager were not liable to officer for alleged violation of his First Amendment right to free
speech, and city, police chief, and city manager were not liable to officer for alleged violation of his First Amendment
right of association.
2017 MSEC Public Employers Conference
3
Bird v. West Valley City (8/8/26) – Female former city employee sued city and former supervisor for gender discrimination
and hostile work environment under Title VII, Equal Protection violations and First Amendment retaliation under §1983, and
breach of contract and breach of the covenant of good faith and fair dealing under Utah law. Employee failed to
demonstrate the city's reasons for terminating her were pretextual; there was no evidence that supervisor's alleged
abusive conduct towards employee was gender-based; there was no underlying constitutional violation supporting a
municipal liability claim; contractual disclaimer in city's employee handbook precluded existence of implied-in-fact
contract; employee could maintain First Amendment retaliation claims even though she denied making statements to
press that purportedly resulted in her termination.
Williams v. McKee (7/20/16) – Affirmed dismissal of detention officer’s §1983 suit against the county, county sheriff, and
county assessor, alleging First and Fourteenth Amendment violations based on termination after he failed to comply with
sheriff's order to park his car bearing a political bumper sticker away from lot associated with county detention facility
employees. Sheriff did not violate detention officer's First Amendment rights; detention officer did not have a protected
property interest in his continued employment; complaint did not support assertion that termination implicated a liberty
interest; county could not be held liable under §1983 since there was no underlying constitutional violation; district court
did not abuse its discretion in denying detention officer's belated motion for additional requests for production and
imposition of sanctions; and any error in not discussing Title VII retaliatory discharge claim was harmless.
Adair v. City of Muskogee (5/26/16) – Affirmed dismissal of city firefighter’s claims against city for constructive discharge in
violation of Americans with Disabilities Act and Oklahoma Workers' Compensation Act. The court held being able to
rescue-drag or carry victims weighing up to 200 pounds was essential function; firefighter could not perform essential
function of position; city could not accommodate firefighter with lifting restriction; city requiring firefighter to complete a
functional-capacity evaluation after a back injury did not violate the ADA; and under Oklahoma law, city allegedly
constructively discharging firefighter was not significantly motivated by his workers' compensation award.
Romstad v. City of Colorado Springs (5/24/16) – Former participants in Public Employee Retirement Association (PERA),
who had been employees at public hospital system owned and operated by city prior to city's leasing of hospital system
to non-profit organization, brought class action alleging breach of contract and a due process violation under §1983
following city's cessation of PERA benefits. Under Colorado law, employee handbook and PERA summary did not create
an implied contract to provide former participants with PERA benefits; Colorado statute governing disaffiliation from PERA
did not apply to city's disaffiliation of public hospital system from PERA; and former participants failed to state a due
process claim against city.
2017 MSEC Public Employers Conference
4
Winger v. Meade District Hospital (5/12/16) – County hospital doctor terminated for not meeting standards of care
required of physicians sued alleging hospital fired him without due process and infringed his liberty interest in his
professional reputation. Affirmed dismissal in hospital’s favor. Doctor had a constitutionally protected property interest in
continued employment at hospital; whether hospital deprived doctor of his property interest without due process was
issue for district court to decide; and hospital did not infringe doctor's liberty interest in his professional reputation.
Walton v. Powell (4/19/16) – Allowed claims of state employee to go forward against New Mexico State Land Office and
agency officials, including land commissioner, alleging race and sex discrimination and retaliation based on political
affiliation. Government employer who fires a protected civil service employee for “failing to endorse or pledge allegiance
to a particular political ideology” generally does state a triable claim for retaliation in violation of the First Amendment's
guarantee of free political association and reasonable jury could find her affiliation was a substantial or motivating factor
in her dismissal.
McGowan v. Board of Trustees of Metropolitan State University of Denver (4/13/16) – African–American female, who had
been hired as assistant director of communications pursuant to affirmative action plan, sued alleging hostile work
environment, racial discrimination, and retaliation in violation of Title VII and Family and Medical Leave Act. Single
statement by hiring manager during hiring process was not pretext for race discrimination, and university's reason for
adverse employment action, poor performance, was not pretext for race discrimination or retaliation.
Colorado Federal District Court
Mondragon v. Adams County School District No. 14 (2/24/17) – Partially dismissing claims brought by former Chief Equity
and Communication Officer against school district, school board, and former superintendent. Denial of Equal Protection
under §1983; national origin, ancestry, sex discrimination and retaliation under Title VII and the Colorado AntiDiscrimination Act; aiding and abetting discrimination in violation of the Colorado Anti-Discrimination Act; and
defamation allowed to proceed.
Smith–Megote v. Craig Hospital (1/17/17) – Affirmed dismissal of former employee’s claims of interference and retaliation
under the Family and Medical Leave Act. Employee was approved for 5-6 weeks of FMLA to travel to the Philippines to
care for her ailing mother. Shortly after the start of her leave, the employee’s mother passed away. Employee did not
notify Craig or ask for bereavement leave. She remained in the Philippines for roughly three weeks and flew to Spain to
see her sister. Two days after the employee returned to U.S., she contacted Craig to return to work early.
2017 MSEC Public Employers Conference
5
Johnston v. Espinoza-Gonzalez (12/12/2016) – Denied dismissal of sexual harassment and retaliation brought by two
volunteer firefighters against Ellicott Volunteer Fire Department, fire chief, and Board of Directors. Court declines to rule
that volunteers were not employees under Title VII.
Kerner v. City and County of Denver (7/8/16) – Ordered damage award of $1.6 M to class of black and Hispanic
applicants for various positions, alleging that use of a written employment screening test, the “AccuPlacer,” had a
disparate impact on minority applicants in violation of Title VII.
Glapion v. Jewell (5/2/16) – Summary judgment of applicant’s claims of race, color, and sex discrimination and retaliation
under Title VII awarded to U.S. Department of the Interior (DOI).
Chavez v. Adams County School District No. 50 (4/12/16) – Summary judgment denied on employee’s claim of age and
disability harassment and retaliation under Title VII and granted on employee’s failure to accommodate claim under the
Americans with Disabilities Act.
Sanchez v. Brennan (4/11/16) – Summary judgment granted for lack of subject-matter jurisdiction on former employee’s
race and disability discrimination and retaliation claims.
Salemi v. Colorado Public Employees' Retirement Association (3/31/16) – Summary judgment granted on PersianAmerican female former employee claims against Colorado Public Employees' Retirement Association, supervisor, and
director of human resources of race, gender, and national origin discrimination under Title VII, retaliation under Title VII,
race and national origin discrimination under §1981, retaliation under §1981, retaliation under First Amendment,
retaliation under Family and Medical Leave Act (FMLA), but denied on her and wage discrimination under Equal Pay Act.
Lincoln v. Maketa (3/31/16) – Employees of county sheriff's department brought action against supervisor and county,
asserting claims under §1983, §1988, and Title VII, alleging that supervisor violated employees' First Amendment rights by
retaliating against them for filing Equal Employment Opportunity Commission complaint charging supervisor and county
with sexual discrimination based on sexual favoritism. Court denied motion to dismiss on grounds that: employees' EEOC
complaint and request for investigation contained speech that constituted matters of public concern; employees
sufficiently alleged that supervisor took adverse employment action against them; allegations were sufficient to support
claim that employees' free speech interests outweighed supervisor's interest in maintaining functioning sheriff's office;
supervisors were not entitled to qualified immunity from §1983 First Amendment retaliation claims; employee's
communications with the media constituted speech on a matter of public concern; and allegations were sufficient to
support Title VII retaliation claim.
2017 MSEC Public Employers Conference
6
Adams v. Denver Health & Hospital Authority (3/30/16) – Summary judgment granted on employee’s disability
discrimination and failure to accommodate claims under the Americans with Disabilities Act.
2017 MSEC Public Employers Conference
7
2017-18 Colorado Legislative Session
Bill #
HB 17-1001
Title
Employee Leave to
Attend Child's
Academic Activities
HB 17-1021
Wage Theft
Transparency Act
HB 17-1029
Open Records Subject
to Inspection Denial
HB 17-1051
Procurement Code
Modernization
HB 17-1068
Prevailing Wages for
CDOT Public-Private
Initiatives
Colorado Uninsured
Employer Act
HB17-1119
HB17-1121
Patient Safety Act
Description
Reenacts Parental Involvement in K-12
Education Act (2009) requiring FMLA-covered
employers to allow up to 18 hrs. of leave per
academic year to employees with school-aged
children for certain academic activities.
Requires outreach by school districts, institute
charter schools, and CO state advisory council
Clarifies that information obtained by the Dept.
of Labor and Employment relating to findings of
violations of wage laws is not confidential and
shall be released to the public or for use in a
court proceeding, unless the director
determines the information is a trade secret
Allows a custodian to deny access to
confidential personal information records and
employee personal e-mail addresses
Updates terminology in the code to be
consistent with common use, simplifies reporting
requirements, and reorganizes provisions for
ease of use. Also clarifies the executive
director’s authority to promulgate rules for the
administration of the code.
Requires Dept. of Transportation to consider only
proposals for public-private initiatives that will
pay prevailing wages for construction labor
Creates new mechanism for the payment of
covered claims to workers injured while
employed by employers who do not carry
workers' compensation insurance
Requires applicants for initial licensure or
certification, as well as current licensees and
2017 MSEC Public Employers Conference
Status
Introduced 1/11/17, passed
House 2/10/17
Introduced 1/11/17, passed
House 2/23/17
Introduced 1/11/17, voted
down 2/2/17
Introduced 1/11/17, passed
House 3/6/17
Introduced 1/11/17, passed
House 2/6/17, voted down
2/21/17
Introduced 1/20/17
Introduced 1/20/17
1
HB17-1135
HB17-1177
Portability of
Background Checks for
Child Care Workers
Mediation for Disputes
Arising Under CORA
SB 17-001
Alleviate Fiscal Impact
of State Rules on Small
Business
SB 17-013
Fire and Police Pension
Association Multiemployer Deferred
Compensation Plan
Document
Fire and Police Pension
Association Statewide
Plan Election Approval
Standard
Public Access to
Government Files
Higher Education
Employment Contract
Terms
SB 17-020
SB 17-040
SB 17-041
SB 17-055
Prohibit Discrimination
certificate holders, to submit to a fingerprintbased criminal history record check for certain
health care professions regulated by the
department of regulatory agencies
Concerns the portability of employment
background checks for a child care worker who
works for the same common ownership entity
Allows use of alternative methods of resolving
disputes that arise under the Colorado Open
Records Act (CORA)
Enacts Regulatory Relief Act of 2017 requiring
state agencies to give small businesses (<500
ees) time to cure first minor violations before
fines. Requires agencies to solicit input from
small businesses on proposed rule-making.
Authorizes board of directors of the fire and
police pension association to develop a multiemployer deferred compensation plan
document
Establishes uniform approval standard for fire
and police pension association statewide plan
elections
Creates new procedures on inspection of public
records that are stored as structured data
Concerns employment contracts for certain
positions at institutions of higher education. For
state institutions of higher education, exempts
the institution's employee positions that are
funded by revenues generated through auxiliary
activities, as defined in the bill, from the
provisions of current law.
Prohibits employers from requiring any person, as
2017 MSEC Public Employers Conference
Introduced 1/30/17, passed
House 2/21/17, passed
Senate 3/6/17
Introduced 2/6/17
Introduced 1/11/17, passed
Senate 2/1/17, voted down
3/2/17
Introduced 1/11/17, passed
Senate 1/30/17, passed
House 2/21/17, sent to
Governor 3/2/17
Introduced 1/11/17, passed
Senate 1/30/17, passed
House 2/22/17, sent to
Governor 3/2/17
Introduced 1/11/17
Introduced 1/11/17, passed
Senate 2/9/17
Introduced 1/13/17, passed
2
Labor Union
Participation
SB 17-080
SB 17-092
SB17-096
SB17-120
SB17-131
SB17-150
Reduce Amount of
Wages Subject to
Garnishment
Immunity Peace Officer
Background Checks
Reserve Peace Officer
Academy Grant
Program
Require United States
Citizenship for Peace
Officers
Wage Garnishment Act
Restrict Employment of
Relatives by Public
Officials
a condition of employment, to become or
remain a member of a labor organization or to
pay dues, fees, or other assessments to a labor
organization or to a charity organization or other
third party in lieu of the labor organization.
Reduces amount of wages withheld by
garnishment.
Senate 2/14/17
Introduced 1/13/17, voted
down 2/15/17
Requires personnel file waiver for private
employment as part of peace officer
background checks for employment
Creates academy for reserve peace officers
Introduced 1/18/17, voted
down 2/6/17
Requires peace officers in Colorado to be
citizens
Introduced 1/27/17, passed
Senate 2/17/17
Replaces current statute re garnishments
creating new process including daily penalties
against employers
Prohibits public officials from appointing,
employing, promoting, or advancing relatives,
and from advocating for appointment,
employment, promotion, or advancement of
relatives in agencies they serve or over which
they exercise jurisdiction or control
Introduced 1/27/17
2017 MSEC Public Employers Conference
Introduced 1/27/17
Introduced 1/31/17, voted
down 2/15/17
3
115th U.S. Congress (2017-18)
Bill #
H.R. 52
H.R. 122
H.R. 170
Title
American Health Care
Act
Jobs, On-the-Job 'Earn
While You Learn'
Training, and
Apprenticeships for
African-American Young
Men Act
Original Living Wage Act
of 2017
Protect and Grow
American Jobs Act
H.R. 177
H.R. 246
H.R. 277
American Health Care
Reform Act of 2017
H.R. 280
HIRED Act
H.R. 314
Health Care Choice Act
of 2017
Description
Repeals and replaces Affordable Care Act
Status
Introduced 3/6/17
Rebuilds infrastructure, transportation systems,
technology and computer networks, and
energy distribution systems, by requesting the
immediate recruitment, employment, and onthe-job “earn as you learn” training of AfricanAmerican men ages 18 to 39
Amends Fair Labor Standards Act to provide for
the calculation of minimum wage based on
federal poverty threshold for a family of 4 as
determined by Census Bureau
Amends Immigration and Nationality Act to
revise definition of "exempt H-1B nonimmigrant"
to eliminate masters or higher degree
requirement and raise annual salary threshold
requirement from $60,000 to $100,000
Bars Supreme Court decisions in Affordable
Care Act cases from citation
Repeals annual fee on health insurance
providers enacted by Affordable Care Act
Repeals Affordable Care Act and related
reconciliation provisions and creates a safe
harbor for defendants in medical malpractice
actions
Amends Workforce Innovation and Opportunity
Act to ensure dislocated workers receive
consultation/advice for starting small businesses
Repeals title I of Affordable Care Act and
amends Public Health Service Act to provide
cooperative governing of individual health
insurance offered in interstate commerce
Introduced 1/3/17
2017 MSEC Public Employers Conference
Introduced 1/3/17
Introduced 1/13/17
Introduced 1/13/17
Introduced 1/25/17
Introduced 2/10/17
Introduced 1/4/17
Introduced 1/5/17
1
Prioritizes education and training for energy and
manufacturing jobs when considering awards
for existing grant programs
Delays effective date of Department of Labor
"fiduciary" rule and the conflict of interest rule
with respect to retirement investment advice
Amends Immigration and Nationality Act to
increase penalties applicable to aliens who
unlawfully reenter U.S. after being removed
Introduced 1/5/17
Repeals Affordable Care Act and health carerelated provisions in Health Care and Education
Reconciliation Act
Fairness for High-Skilled
Amends Immigration and Nationality Act to
Immigrants Act of 2017
eliminate the per-country numerical limitation
for employment-based immigrants, to increase
the per-country numerical limitation for familysponsored immigrants
Care for All Act of 2017
Amends Affordable Care Act to allow
catastrophic plans to be offered as qualified
health plans in individual/group market
Unaffordable Care Act
Amends Internal Revenue Code exempting
persons from minimum essential health
coverage who: (1) reside in locations with fewer
than two qualified health plans offered through
an exchange, or (2) were covered under
minimum essential coverage for the last month
of the prior year and the premium is at least
125% of premium for that month
Provides safe harbor for reports to potential
See Something, Say
Something About Violent employers by current or former employers of
violent behavior or threats by employees
Behavior Act of 2017
FAMILY Act
Provides paid family and medical leave benefits
to certain individuals
Introduced 1/9/17
H.R. 338
H.R. 355
H.R. 361
H.R. 370
H.R. 392
H.R. 551
H.R. 563
H.R. 843
H.R. 947, S.
337
Protecting American
Families’ Retirement
Advice Act
Establishing Mandatory
Minimums for Illegal
Reentry Act of 2017 or
Kate’s Law
2017 MSEC Public Employers Conference
Introduced 1/6/17
Introduced 1/6/17
Introduced 1/10/17
Introduced 1/13/17
Introduced 1/13/17
Introduced 2/3/17
Introduced 2/7/17
2
H.R. 1000
Jobs for All Act
H.R. 1050
Youth Access to
American Jobs Act of
2017
H.R. 1070
Employee Bonus
Protection Act
H.R. 1072
Obamacare
Replacement Act
Pre-existing Conditions
Protection Act of 2017
H.R. 1121
H.R. 1128
Return to Work
Awareness Act of 2017
H.R. 1275
H.R. 1307
S. 44
S. 179
End Pay Discrimination
Through Information Act
Accountability Through
Electronic Verification
Act
Establishes the National Full Employment Trust
Fund to create employment opportunities for
the unemployed
Establishes pilot program to promote publicprivate partnerships among apprenticeships or
other job training programs, local educational
agencies, and community colleges
Amends Fair Labor Standards Act so that an
employee’s ‘regular rate’ for calculating
overtime will not be affected by certain
additional payments
Repeals provisions of Affordable Care Act and
provide private health insurance reform
Amend Public Health Service Act to prohibit
application of pre-existing condition exclusions
and guarantee availability of health insurance
coverage in individual/group market,
contingent on legislation repealing Affordable
Care Act
Assists survivors of stroke and other debilitating
health occurrences in returning to work
Eliminates individual and employer coverage
mandates under Affordable Care Act to
expand choices in obtaining and financing
affordable health insurance coverage
Amends Affordable Care Act to establish a
public health insurance option
Enhances enforcement of equal pay
requirements
Expands use of E-Verify to hold employers
accountable
2017 MSEC Public Employers Conference
Introduced 2/9/17
Introduced 2/14/17
Introduced 2/15/17
Introduced 2/15/17
Introduced 2/16/17
Introduced 2/16/17
Introduced 3/1/17
Introduced 3/2/17
Introduced 1/5/17
Introduced 1/20/17
3
S. 180
H-1B and L-1 Visa Reform
Act of 2017
S. 344
Strong Families Act
S. 345
Workplace
Advancement Act
Amends Immigration and Nationality Act to
reform and reduce fraud and abuse in certain
visa programs for aliens working temporarily in
U.S.
Amends Internal Revenue Code to provide a
credit to employers who provide paid family
and medical leave
Amends Fair Labor Standards Act to strengthen
equal pay requirements
2017 MSEC Public Employers Conference
Introduced 1/20/17
Introduced 2/8/17
Introduced 2/8/17
4
2017 Public Employers Conference
How the First
Amendment
Freedom of
Religion Interacts
with the Civil
Rights Act
Protection
Lorrie Ray, MSEC
Esq.
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
2017 Public Employers Conference
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
2
2017 Public Employers Conference
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
3
2017 Public Employers Conference
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
4
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
5
2017 Public Employers Conference
Creating High
Feedback
Cultures
Megara Kastner, MSEC
Ph.D.
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
Communication
Between Parts
2017 Public Employers Conference
Connection
Focused
2017 Public Employers Conference
Intention and Impact
Feedback
2017 Public Employers Conference
2017 MSEC Public Employers Conference
2
Investing in the
Relationship
2017 Public Employers Conference
Differences Build
Capacity
2017 Public Employers Conference
Positive
Asking For Feedback
Making A Request
2017 Public Employers Conference
2017 MSEC Public Employers Conference
3
Roles
On Behalf of
the System
2017 Public Employers Conference
Thank you for Listening
Megara Kastner, Ph.D.
Consultant, MSEC
303.223.5356
[email protected]
2017 Public Employers Conference
2017 MSEC Public Employers Conference
4
2017 Public Employers Conference
Innovation in
a Resourced
Constraint
Environment
Brian Elms, Founding
member of Denver’s
Peak Academy
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
Grant me the SERENITY
To accept the things I cannot change
COURAGE to change the things I can
And WISDOM to know the difference
2017 MSEC Public Employers Conference
2
2017 MSEC Public Employers Conference
3
Grant me the SERENITY
To accept the things I cannot change
COURAGE to change the things I can
And WISDOM to know the difference
2017 MSEC Public Employers Conference
4
2017 Public Employers Conference
Employee
Engagement
and Retention
James McDonough,
MSEC
2017 Public Employers Conference
FIRE
• Exerts an instinctual draw on humans
• Creates a safe circle of connected
interests
• Community builds around shared interests
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
MISSION
• Builds workplace community
• Leaders…
◦ model the Mission
◦ maintain alignment with community
stakeholders
• Employees…
◦ understand the connection with their daily work
◦ believe authentic alignment with personal goals
2017 Public Employers Conference
Foragers
• Egalitarian: trust, communication, respect
• Independent: collaboration valued
• Empowered: internal drive to excel
• Mission focus: community betterment
• Alignment: self/ team/ organization
• Community: relationships connect
2017 Public Employers Conference
Social Cohesion
Cohesion does not exist
until relational pathways
(relationships) develop
between individuals.
2017 Public Employers Conference
2017 MSEC Public Employers Conference
2
Social Cohesion: Groups
Group cohesion builds
as relational pathways
are created between
individual members.
2017 Public Employers Conference
Group Cohesion: New Hires
A new hire is a vulnerable
“Outsider” to the workplace
community; they lack
relational pathways with
individuals on the team.
2017 Public Employers Conference
Group Cohesion: New Hires
A new hire’s relationship with their
Supervisor is essential to successful
onboarding. Supervisors must assist
the new hire with developing
relational pathways with the team;
the quicker the better.
2017 Public Employers Conference
2017 MSEC Public Employers Conference
3
Group Cohesion: Strong
New hires engage with the
workplace community when
relationships.
Numerous strong relationships
between individuals builds group
cohesion, fosters a collaborative
community, and encourages
retention.
2017 Public Employers Conference
Strong Teams: Weak Organization
Territorial “Us vs Them” conflicts
are likely within organizations that
lack strong relational pathways
between different teams.
2017 Public Employers Conference
Group Cohesion: Limited
Minimal relational pathways between
different work groups discourages
innovation and career lattices.
2017 Public Employers Conference
2017 MSEC Public Employers Conference
4
Internally-Focused Cohesion
Strong cohesion is built internally
when numerous relational pathways
exist between groups and within
groups. But Public Sector employers
don’t exist within a vaccuum.
2017 Public Employers Conference
Mission-Focused Cohesion
To engage and retain
employees, Public Sector
employers must build
collaborative workplace
communities that align
with the Mission defined
by the community they
serve.
2017 Public Employers Conference
Engage and Retain
• Mission
◦ Community focus, authentic, “living”
• Relationships
◦ Positive, collaborative, professional, fun
◦ Trusted, empowered, accountable
• Alignment
◦ Teams aligned to the Mission
◦ Personal goals aligned with Mission
2017 Public Employers Conference
2017 MSEC Public Employers Conference
5
Mission
• Leadership: Keep the Mission “alive” and
focused on the community it serves.
• Supervisors: How do they model the Mission
and lead by example?
• Employees: How are they empowered to
contribute to the Mission?
• New hires: What efforts are made to
meaningfully engage them with the Mission?
2017 Public Employers Conference
Relationships
• Leadership: Identify resources and prioritize
strategies to build internal community.
• Supervisors: What efforts are made to
encourage collaborative relationships among
teams?
• Employees: How are they supported in building
relationships throughout the organization?
• New hires: How are they welcomed and
assisted with developing relationships within the
workplace community?
2017 Public Employers Conference
Organizational Alignment
• Leadership: Prioritize resources to maintain
organizational alignment with Mission.
• Supervisors: Implement strategies to
facilitate Mission-focused collaboration
between teams.
• Employees: How are they encouraged and
supported in Mission-focused collaborative
efforts with different workgroups?
2017 Public Employers Conference
2017 MSEC Public Employers Conference
6
Personal Alignment
• How are employees shown the connection
between their role and Mission?
• How are employees helped in realizing
their own personal goals?
• What is done to meaningfully align
personal/ team/ organization goals
to Mission?
2017 Public Employers Conference
2017 MSEC Public Employers Conference
7
2017 Public Employers Conference
Are You
Prepared?
Renee Smit, MSEC
SPHR, SHRM-SCP
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
2017 Public Employers Conference
2017 Public Employers Conference
S
2017 Public Employers Conference
2017 MSEC Public Employers Conference
2
K
2017 Public Employers Conference
2017 Public Employers Conference
T
2017 Public Employers Conference
2017 MSEC Public Employers Conference
3
2017 Public Employers Conference
Language and
the Pursuit of
Excellence
Eric C. Daly, MSEC
M.A. GPHR
2017 Public Employers Conference
ABRACADABRA
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
2017 Public Employers Conference
You
2017 Public Employers Conference
Opinion
2017 Public Employers Conference
2017 MSEC Public Employers Conference
2
You should
2017 Public Employers Conference
But
2017 Public Employers Conference
Why?
2017 Public Employers Conference
2017 MSEC Public Employers Conference
3
2017 Public Employers Conference
Compliance vs.
Commitment
2017 Public Employers Conference
With my word,
I create.
2017 Public Employers Conference
2017 MSEC Public Employers Conference
4
2017 Public Employers Conference
Looking
Backward to
Look Forward:
Preparing for
Uncertainty
Valorie Waldon, MSEC
SPHR, SHRM-SCP
2017 Public Employers Conference
“The truth is you don’t know what
is going to happen tomorrow.
Life is a crazy ride, and nothing
is guaranteed.”
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
Climate is what we expect,
weather is what we get.
- Mark Twain
2017 Public Employers Conference
Macro-environment
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
2
YOU
2017 Public Employers Conference
2017 Public Employers Conference
TEAM
2017 Public Employers Conference
2017 MSEC Public Employers Conference
3
Dorothy Vaughn
Mathematician, National Advisory Committee for Aeronautics (NACA)
2017 Public Employers Conference
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
4
THANK YOU!
“The future, according to some
scientists, will be exactly like the past,
only far more expensive.”
2017 Public Employers Conference
- John Sladek
2017 MSEC Public Employers Conference
5
2017 Public Employers Conference
Compensation:
Are You Getting
What You are
Paying For?
Tammeron Trujillo, MSEC
SPHR, GPHR, SHRM-SCP
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
So-Wel County
2017 Public Employers Conference
Awesome!
2017 Public Employers Conference
1.
2.
3.
4.
What do we want to be?
What do we want to do?
What should we be good at?
What are the environmental realities
in which we work?
5. How can we use what we have to win?
6. How can we tell how well we did?
2017 Public Employers Conference
2017 MSEC Public Employers Conference
2
The recreation
areas are ready!
2017 Public Employers Conference
Individual Growth
Compelling Future
Positive Workplace
Total Pay
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
3
POSITIVES
NEGATIVES
⁺ Cost and
Performance
Alignment
⁻ Budget
⁺ Focus on
Objectives
⁺ Rewards and
Contribution
Alignment
⁻ Setting
Expectations
⁻ Outcomes
must be
defined and
Measured
2017 Public Employers Conference
Dwell in
Possibility
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
4
CULTURE DRIVES INCENTIVES
Individualistic
Short-term
Collectivist
Long-term
Paternalistic
Laissez-faire
Authoritarian
Participative
Bureaucratic
Entrepreneurial
2017 Public Employers Conference
2017 Public Employers Conference
Success is getting what you want.
Happiness is liking what you get.
H. Jackson Brown Jr.
2017 Public Employers Conference
2017 MSEC Public Employers Conference
5
2017 Public Employers Conference
Ethics: Why
Good People
Sometimes Do
Bad Things
Mark Cicotello, MSEC
MBA, SPHR, GPHR, SHRMSCP, CCP, CECP
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
1
2017 Public Employers Conference
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
2
2017 Public Employers Conference
Courage
Character
Commitment
2017 Public Employers Conference
2017 Public Employers Conference
2017 MSEC Public Employers Conference
3