CONGRESSIONAL RECORD – SENATE


December 20, 1974


Page 41710


INTERGOVERNMENTAL PERSONNEL ACT IN MAINE: THE SECOND YEAR


Mr. MUSKIE. Mr. President, Gov. Kenneth M. Curtis of Maine recently released the second year report of the State of Maine's fiscal year 1973 grant award under the Intergovernmental Personnel Act. This report details an impressive list of activities in three major programs: Career development for State and local government conducted by the Bureau of Public Administration at the University of Maine at Orono; improving personnel management in municipalities conducted by the Maine Municipal Association; and improving the implementation of the code of fair practices in Maine State government conducted by the Maine Human Rights Commission.


I ask unanimous consent that the summary of this second year report be printed in the RECORD.


There being no objection, the summary was ordered to be printed in the RECORD, as follows:


STATE OF MAINE,

Augusta, Maine,

October 1974.


Re 73ME06


Mr. L. F. CRONIN, Regional Director,

U.S. Civil Service Commission, John W. McCormack Post Office and Court House, Boston, Mass.


DEAR MR. CRONIN: I am pleased to forward to you the "Second Year Report" of the State of Maine's FY 73 Grant Award Under the Intergovernmental Personnel Act of 1970.


In addition to increasing and supporting the capacity of the Bureau of Public Administration, University of Maine at Orono, to provide a comprehensive and statewide general management education program for Maine state and local government administrators, the IPA FY 73 Grant also supported the efforts of the Maine Municipal Association to improve personnel systems among Maine communities, and provided funds for the Maine Human Rights Commission to study state government relative to compliance with state and federal equal employment opportunity laws.


The second-year support of IPA has enabled Maine to continue to improve the quality of public service at all levels of government. This is an ongoing process that requires continuous commitment and support.


We sincerely appreciate the staff assistance provided by your Intergovernmental Personnel Programs Division.


Sincerely,

KENNETH M. CURTIS,

Governor.


INTERGOVERNMENTAL PERSONNEL ACT OF 1970, STATE OF MAINE (73MEO6), SECOND YEAR REPORT


I. CAREER DEVELOPMENT FOR STATE, AND LOCAL GOVERNMENT, CONDUCTED BY THE BUREAU OF PUBLIC ADMINISTRATION, UNIVERSITY OF MAINE AT ORONO (UMO)


Bureau of Public Administration


The Bureau of Public Administration (BPA) was created by the 102nd Maine Legislature in 1965 and administratively is an integral part of UMO's Research and Public Services Division and maintains close liaison with the UMO Department of Political Science. BPA's mission is: (1) research on Maine governmental problems; (2) career development for Maine governmental employees through greater educational opportunities for public employees; and (3) publications on governmental subjects.


The BPA has been active in providing varied education and training programs for Maine governments during the past five years. It has developed as a recognized provider of career development courses aimed at upgrading the skills and abilities of Maine government personnel and thereby improving the quality of Maine public services.


Program plan


The second year IPA plan represented a continuing attempt to meet some of the basic education and training needs of state and local government administrative, professional and technical personnel. These needs were identified through the Personnel Training Needs Assessment study conducted by BPA under the IPA grant in 1972. The goal was to offer 55 general management programs to an estimated 1,000 key Maine public officials.


During the first six months of 1973 the Bureau continued to offer a variety of workshops and seminars under provisions of the Intergovernmental Personnel Act of 1970. These training programs were offered to Maine public administrators on a statewide basis.


Revisions to the initial scheduling Plan were necessitated by shifts in interest and through follow- up interviews that (1) some of the public officials were reaching a "saturation level," having attended most of the general offerings of the Bureau since its inception in 1965. This "overkill" was having a negative impact on participation; (2) little change was being effected back on the job; when only one or two persons from a given organization had attended an open enrollment training program, they were likely to report that their ideas were difficult to "sell" to unprepared, uninformed, or unresponsive co-workers.


The consensus was evolving, by late fall, that "an organization should have its training 'in-house' so that more employees can participate in a realistic, job-related experience."


In spite of the reduced attendance, the open enrollment courses did have the effect of creating an awareness of the importance of training. The Bureau began to receive increasing requests for in-house, organizational development type training projects, particularly from those who had attended the various open enrollment workshops and seminars.


The Maine State Department of Personnel expressed the desire to cooperate in a new approach; namely, developing in-house training programs for interested state agencies, in cooperation with the Bureau. Similarly, the Maine Municipal Association, through its training officer, pledged its cooperation in helping towns and cities to act either on their own or in consortia with neighboring communities, to implement an organization-centered approach to training.

Finally, because the University of Maine at Orono provided an increase in its funding of the Bureau of Public Administration, IPA funds formerly slated for the salary of the Staff Associate-Training were allocated (again, by grant amendment) to the purpose of establishing an Augusta office with a full-time BPA representative to work with the Maine Municipal Association and with officials in state government.


It was anticipated that BPA's proximity to the capital would increase opportunities to meet with state administrators and increase the understanding of their problems and needs. Another goal of this effort was to facilitate the building of a stronger liaison relationship between the University and the public sector.


A further consideration in establishing this office was the desire to formalize the mutually supportive but informal relation between the BPA and the Maine Municipal Association (MMA).

An early look at the Augusta office (after two months) clearly indicates the expectations and objectives are being met. BPA service to state administrators has increased; cooperation and support for the Department of Personnel in developing specific programs for identified needs has begun. A closer cooperation between BPA and AMA has manifested itself in several research and training projects with joint applications.


Program results


Training for state and local government supervisory/managerial personnel during 1973 was fundamentally sponsored by the University of Maine at Orono's Bureau of Public Administration, instructed by staff personnel, University faculty and adjunct faculty. One course in Effective Writing was offered through Arthur Little Company personnel.


The evaluation questionnaire was revised to include only the following three questions:


(1) What were the strengths of the program?


(2) What were the weaknesses of the program?


(3) How do you plan to use this information back on the job?


The purposes of evaluation are to assess learner reaction to improve the teaching/ learning process, and to appraise changes in behavior in terms of results. The main difficulty with all of these is in controlling the number of variables inherent in each purpose in a credible way – a way that will allow the evaluator to demonstrate that it was the training that was mainly responsible for the change. As Les This, a recent BPA guest trainer from Gordon Lippitt Associates, stated: "The best evaluation is that 'gut feeling' that things have gone well." Mr. This also indicated that in his opinion an excellent barometer of excellence is reflected in the number of participants "who come back for more." On this measure, BPA has a good record. Seminars and workshops continue to attract people who had been satisfied with previous BPA offerings. In addition, we have found that our follow-up visits to people on the job bring expressions of satisfaction relative to personal growth and development by both the participants and their supervisors.


Representative statements taken from a sampling of evaluations provide an idea of feelings expressed by a cross section of participants.


"I have used what I learned in communication skills to improve our staff meetings. They are much better organized and we get more done now than we did before.


"Two problems, one involving a superior and one involving a subordinate have been easily dealt with using the basic concepts of communications learned.


"Two painters who were not producing have been 'turned on' by the principles of development adopted from the course (on Motivation)."


"This course (SPS) has increased my confidence that supervisory positions are not beyond my capability." (Supervision in the Public Service)


"I have imparted the knowledge gained (in Labor Relations) to the two other members of our negotiating team."


"The course (Effective Writing for Tax Examiners) has revitalized my curiosity and thinking processes."


"Time needed to prepare and write my reports has been reduced substantially."


"I am working more with the employees in their daily assignments, to set goals and objectives. This has also improved communication in my department with employees in all units."


"I have paid more attention to the factors of recognition and growth in helping to 'motivate' employees. This has led to my increasing the involvement of staff in the decisions that I must make. Some of my staff are coming into the office on 12/28, a day when they have signed out for vacation to participate in such a decision-making meeting. While I consider this to be a comparatively minor decision, they are coming in on their own volition."


"Since public image is quite important in my work; the Speaking for Results course was, for me, quite beneficial. Part of the benefit was reminding me of things which I already knew, but had not been practicing and part of the benefit was a little better view of myself as others see me. Hopefully, improvements in my televised news releases, as well as in-person speaking assignments reflect at least a few of the recommendations of the instructor in this training session."


"Am now engaged in concerted effort to bring about a revision of our agency's poor public image locally and to 'sell' legislature on need for additional funding in specified, neglected areas."


The FY 73 IPA Grant also provided for specialized training through which an additional impact on improving the quality of public service personnel was made.


BPA staff members were able to expand their background of public management knowledge by funded attendance at educational seminars, workshops and professional meetings. Especially helpful was the American Society for Training and Development's regional conference in Moodus, Connecticut; the National Training and Development Service's Organizational Development Conference in Boston; and the American Society of Public Administration's regional conference in Portland, Maine.


The Maine Department of Personnel was able to add some meaningful personnel and labor relations books and materials to their professional library and to send the Assistant Director to meetings in Burlington, Vermont, and New York City.


Perhaps the most productive use of the specialized training funds was the grant to the Maine Municipal Association. IPA funds were provided to send their Public Training Director to the National Training and Development Service month-long workshop in Airlie, Virginia, on action research and training. As a result of the experience, the Director returned to Maine and instituted the concept of regional training councils. These councils have been very effective in helping to determine training needs of municipalities in Maine and in ensuring enrollments in educational and training offerings to local managers, supervisory personnel and other municipal trainees.


II. IMPROVING PERSONNEL MANAGEMENT IN MUNICIPALITIES, CONDUCTED BY THE MAINE MUNICIPAL ASSOCIATION


Maine Municipal Association


The Maine Municipal Association was formed in 1937 and continued by the cities and towns of Maine as an instrumentality of such political subdivisions of the state for the purpose of making available to cities and towns, through an agency organized and financed by them, (1) a central clearinghouse of information and research to assist their officials in the solution of technical problems in the field of municipal government; (2) an education medium for municipal officers by means of annual meetings, regional conferences, and specialized training institutes; (3) a fact-finding agency for the purpose of giving to the Legislature information with reference to the subject matter of proposed or anticipated legislation affecting cities and towns; and (4) an organization through which, in the interest of the general welfare, a greater civic consciousness of local government could be developed leading to a general improvement in governmental operation and administration.


The activities of the Maine Association are many and varied and include: (1) information services, (2) research and publications, (3) educational activities and (4) legislative service.


Program Plan


The Personnel Training Needs Assessment study completed by BPA in 1972 clearly substantiated the need for personnel advisory services and technical assistance services among Maine communities. In addition, two other pieces of legislation which had decided personnel overtones pointed to a need for uniform and consistent guidance to Maine communities, the Federal Occupational Safety and Health Act, and the Equal Employment Opportunity Act.


The thrust of this grant activity was aimed at service delivery in three major areas of activity through on-site and telephone advisory services:


(1) Personnel Systems


(2) Affirmative Action Plans


(3) Occupational Safety and Health Act Program Results


The area of activity receiving the majority of attention during the year was that of improving personnel systems. Under this category of activity, several major accomplishments are notable.


Old Orchard Beach.– A comprehensive revision of the Town personnel policy was undertaken as a grant activity. The policy was reviewed, amended and written to conform to the 1973 standards of Town policy and in accordance with various laws and regulations. On April 9, 1973, the Old Orchard Beach Town Council voted unanimously to adopt the revised Personnel Policy. A copy of the letter of appreciation is attached as Exhibit A.


Portland. – Upon request of the Personnel Department in the City of Portland, a comprehensive review of the non-union personnel policy was undertaken as an IPA project. The accompanying letter to Portland (Appendix B, p. 32) was prepared and the ordinance was officially amended, incorporating many of the amendments, on November 5, 1973.


Orono-University of Maine.– At the request of a professor teaching a seminar on public administration, a session on personnel administration was scheduled for April 30, 1973. The general municipal personnel field was covered during the class in hopes that an awareness of the importance of personnel and personnel-related activities would be developed among public management trainees. Feedback from the class indicated that a feeling for the scope, magnitude and, more importantly, the vital importance of personnel matters to town and city managers, resulted from the class.


Lincoln – Under the IPA grant, MMA undertook an analysis of the Town of Lincoln Personnel Regulations and Administrative Code. The main purpose of the analysis was to determine that the regulations and code were in conformance with the Town Charter and other pertinent state and federal laws. Recommendations of the analysis were included in the final version of the Regulations and Administrative Code.


Wells – The Town of Wells appointed a Personnel Committee to formulate a Civil Service Commission and Personnel Ordinance for presentation to a special 1974 Town Meeting. Two field visits and several office days were spent on technical assistance to the community under the IPA grant. As a result, the Committee has a final draft for presentation to the November, 1974 Special Town Meeting.


Mexico – The focus of a field visitation to Mexico, Maine, was the development and review of job descriptions. Based upon the preliminary drafting of job duties, the specifications were prepared and adopted administratively. This experience pointed out that communities are able to prepare their own job descriptions. However, there is some hesitancy, possibly based upon a fear of omitting some duties, in committing duties to paper.


The Equal Employment Opportunity Act technical assistance phase of the grant activity consisted primarily of activity in aiding communities with EEO Form 4. One major workshop was held in Augusta on September 14, 1973. As a spin-off to the EEO Form 4 workshop, some 62 telephone requests of guidance in preparing the form were entertained at MMA.


In July of 1973, the City of Portland requested IPA aid in researching and resolving an equal pay problem. The school system in Portland was paying female custodial employees less than male employees. Based upon research and analysis, the MMA staff person recommended that the School Department voluntarily pay back wages to the female employees. The City paid back wages and rectified the classification differences between male and female employees.

OSHA activities under the IPA grant were limited due to the State of Maine plan falling to receive necessary legislation in the106th Legislature. Yet, three OSHA work. shops were attended by AMA staff members In addition, the subject of OSHA was covered in a workshop at the AMA Annual Convention.


III. IMPROVING THE IMPLEMENTATION OF THE CODE OF FAIR PRACTICES IN MAINE STATE GOVERNMENT, CONDUCTED BY THE MAINE HUMAN RIGHTS COMMISSION


Maine Human Rights Commission


The Maine Human Rights Act was created by the 105th Maine Legislature in 1971, and the Maine Human Rights Commission was established as of July 1, 1972. The Commission's purpose is to prevent discrimination in: (1) employment; (2) housing; (3) gaining access to public accommodations because of race, color, religion, ancestry, national origin; and (4) employment because of age discrimination. The 106th Maine Legislature amended the original act by adding "sex" as a form of discrimination prohibited under the Maine Human Rights Act.


Program plan


Provision was made in 1973 to amend the state's original grant (career development for state and local officials; training grant for State Department of Personnel; and technical assistance funds administered by the Maine Municipal Association) to include a grant of $4,000 to the Maine Human Rights Commission to conduct a study of state government relative to compliance with state and federal equal employment opportunity laws.


The State of Maine has historically striven to dedicate itself to the firm and humane policy of rooting out the evils of discrimination where they exist with regard to race, color, religion, ancestry, national origin, sex or age. Governor Kenneth M. Curtis issued an Executive Order dated July 1, 1972, under the Title of "Code of Fair Practices" Executive Order No. 11. The Order's purpose was to establish a code of fair practices to be followed throughout the executive branch of state government. It ordered all state agencies to act in accordance with the provisions and intent of the state's constitution and state laws against discrimination. It further ordered all state agencies to cooperate fully with the Maine Human Rights commission and duly comply with its requests and recommendations for effectuating state policy against discrimination.


On February 7-8, 1973, the Maine State Advisory Committee to the U.S. Commission on Civil Rights met and submitted the following initial recommendation: "That the government should direct the Maine Commission on Human Rights to conduct a full review of the effectiveness of the Executive Order No. 11, and the Equal Employment Opportunity Act of 1972 and to recommend means by which the implementation of these measures may be strengthened."


The objective of this project was to provide an initial exploration and review of fair practices, equal employment opportunity, principles, and affirmative action in Maine state government. In a letter dated June 21, 1973, to the Regional Director of the U.S. Civil Service Commission, Governor Curtis indicated that this research and its findings had the utmost priority, and indicated his interest in soliciting federal assistance in organizing an effective action program for minorities and women in Maine state government. The Human Rights Commission staff will draw upon its experiences in reviewing and improving the Maine state EEC effort to prepare a report for the Governor. The report will indicate what is being done, what can be done with existing laws and resources, and what other laws, regulations and resources are necessary to achieve a fully effective EEO program.


The project began on September 15, and a request for additional funds will be incorporated into the State of Maine's FY 1974 Grant proposal to complete the project by September, 1974.


Program Activities


The Maine Human Rights Commission met with the following state agency heads or their designees and conducted interviews which discussed personnel practices including recruitment, selection, orientation, evaluation, promotion, and exit interviews, and services to the public:

Department of Personnel.

Department of Public Safety.

Department of Agriculture.

Department of Business Regulations.

Department of Commerce and Industry.

Department of Conservation.

Department of Environmental Protection.

Department of Manpower Affairs.

Department of Marine Resources.

Department of Transportation.

Department of Health and Welfare.

Department of Mental Health and Corrections.

Department of Indian Affairs.

Department of Finance and Administration.


State Planning office.


The Maine Human Rights Commission met with federal government officials who have responsibility of reviewing Maine agencies for compliance with existing laws.


Program Results


Since this project was not begun until the latter part of 1973, there were only minimal results by the end of the year. However, it is expected that several changes will result from the activities outlined for 1973 and these include:


(1) Appointment of Equal Employment Opportunities Officers in all state agencies.

(2) Development of Affirmative Action Plans by state agencies.

(3) Initiation of a program to recruit women and minorities by the Department of Public Safety.


As a direct result of the activities undertaken during 1973, the following results were seen:


(1) Recommendations for strengthening EEO within their agencies were sent to the Commissioners of the Departments of Agriculture, Business Regulations, Commerce and Industry, and Public Safety. These recommendations included appointment of an EEO officer in each department, institution of a formal orientation program, and in-service training for supervisory personnel.

(2) Recommendations for changes in the employee evaluation forms were sent to the Commissioner of the Department of Business Regulations.

(3) Comments on oral examination were sent to the Department of Personnel.

(4) Recommendation for Implementation of an Affirmative Action Plan which had been prepared for the Department of Commerce and Industry. Although written fn June 1973, it had not been implemented at the time of the recommendation.

(5) Provided literature and information to state agency personnel on affirmative action.


Although cooperation with the activities undertaken during the project has been excellent, it was found that most of the recommendations were not instituted and that perhaps a new approach will need to be sought during 1974 in order to achieve more compliance. However, the Department of Commerce and Industry did respond by appointing an Affirmative Action Officer for the agency.


It is anticipated that early in 1974 Governor Kenneth M. Curtis will issue an executive order setting up an affirmative action program for the hiring of minorities and women in all state departments and agencies.