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HomeMy WebLinkAbout031411_Minutes_Approved COUNTY OF KAUA'I Minutes of Meeting OPEN SESSION Board/Committee: COST CONTROL COMMISSION Meeting Date: I March 14, 2011 Location Mo'ikeha Building—Liquor Conference Room 3 Start of Meeting: 1:32 p.m. End of Meeting: 2:50 p.m. Present Chair Sandi Sterker, Vice-Chair Dirk Apao. Members: Lawrence Chaffin Jr., Glen Takenouchi and Laurie Yoshida. Also: First Deputy County Attorney Amy Esaki; Deputy County Attorney Jennifer Winn; Information Technology Manager Brandon Raines; Boards & Commissions Office Staff. Administrator John Isobe, Administrative Aide Paula Morikami and Support Clerk Mercedes Youn. Excused Member's: Linda Faye Collins and Brant Fuchigami. Absent SUBJECT DISCUSSION ACTION Call To Order County Clerk Peter Nakamura administered the Oath of Office to Lawrence Chaffin Jr., prior to the meeting being called to order. Chair Sterker called the meeting to order at 1:32 p.m. Approval of Mr. Chaffin moved to Agenda approve the agenda as circulated; seconded by Mr. A ao and carried 5:0. Approval of Open Session Minutes of February 14, 2011. Ms. Yoshida moved to Minutes approve the minutes of February 14, 2011 as Mr. Chaffin asked to recuse himself from voting on the minutes because he did not attend the circulated; seconded by February meeting. Mr. Takenouchi and carried 4:0. Business CCC 2011-03 Discussion and possible decision making with IT Manager Brandon Raines on various issues relating to the County's Internet Usage Policy. (Deferred on 02/14/2011) (a) Copy of the County of Kaua'i Computer, Email and Internet Usage Policy 2010 Edition. Mr. Brandon Raines,representing the County's IT (Information Technology Division)provided information on the County of Kaua'i Computer, Email and Internet Usage Policy. Copies of the Cost Control Commission Open Session March 14, 2011 Page 2 SUBJECT DISCUSSION ACTION policy dated February 10, 2011, were distributed to the Commission prior to the meeting. The purpose of the policy covers the County of Kaua'i computer hardware, internet connection and email system. The Information Technology Division is responsible for maintain computers, providing Internet access and managing an email system to be used by designated County employees. The policy defines proper and professional use of these systems, establish required protocols for all users, and ensure that the systems are used for County business only. Chair Sterker asked how often his department performs antivirus updates and unannounced periodic inspections. Mr. Raines stated that the antivirus updates are done once a week and that there are two (2)kinds of inspections. The first inspection is requested internally by the department head and the second is bringing in outside consultants to review the networks and its infrastructure. Mr. Raines stated that the last inspection was done in 2009 and the results were favorable. Chair Sterker asked what licensed copies are. Mr. Raines explained that licensed copies are the software that the county purchases which is installed in all of its computers. Chair Sterker asked if the employees fully understand what the policy entails and is the county providing training sessions for the employees. Mr. Raines stated that training is not provided because the policy itself is self explanatory and by having the employee sign the acknowledgement of receipt, we are taking their word that they understand and agree to the policy. Chair Sterker noted that the policy states that the original signed copy is filed by the department's personnel representative and forwards a copy the Personnel Department for inclusion in the employee's personnel files. Mr. Chaffin asked what the name of the virus protector program is and is it being transmitted to each individual unit in the county. Mr. Raines stated that the name of the virus protector is called Symantec Endpoint Protection and that it is being transmitted from the main server to each individual unit in the county. Mr. Takenouchi moved to Ms. Yoshida stated that the way the policy is written, it doesn't address what the consequences are receive copy of the for violating the policy for inappropriate use, except if the violation resulted in costing the county County of Kaua'i Cost Control Commission Open Session March 14, 2011 Page 3 SUBJECT DISCUSSION ACTION for damages incurred. For example, when someone down loads a program that is unrelated to Computer, Email and county business which picks up a virus and in turn damages the equipment, the employee is only Internet Usage Policy obligated to pay back the county. 2010 Edition as circulated; seconded by Mr. Raines explained that on page one (1) of the policy under the heading "Failure to Comply", it Ms. Yoshida and carried outlines the guidelines and procedures that may result in the revocation of the Internet or email 5:0. privileges and/or other appropriate disciplinary action, including reprimand, suspension and termination of employment in accordance with applicable bargaining unit agreements, or if warranted, criminal prosecution or civil liability. Mr. Raines noted that depending on how the violation occurred and whether it was intentionally done affects how the violation would be handled. Mr. Apao asked whether the use of encryption, by itself, can protect the confidentiality of messages and the data that is being transferred via the network(e.g. the internet). Mr. Raines stated that the county does have the option for doing encryptions and there are standard ways to interchange it. It all depends on who we are emailing and the sensitivity of the email. Mr. Apao asked whether there is anything in place that would ensure that all confidential information is not being compromised. Mr. Raines explained that it would be difficult to assess attached documents in terms of what would be considered sensitive and what wouldn't be. The employee has the responsibility to treat the documents appropriately by either sending it by email or otherwise. Chair Sterker asked whether having a recap of history and additional training for the personnel in each department would be helpful. Mr. Raines stated that the county has varying degrees of people that are either computer literate or not; any additional training would benefit the employee. With no further questions, Chair Sterker thanked Mr. Raines for the additional information he provided. At 2:25 p.m. Staff requested a five 5 minute recess to check on the recorder. The meeting was called back to order by Chair Sterker at 2:30 p.m. Cost Control Commission Open Session March 14, 2011 Page 4 SUBJECT DISCUSSION ACTION CCC 2011-04 Communication dated 02/17/2011 from the Cost Control Commission to the Office of the County Attorney requesting that the office provide an opinion on the scope of the responsibilities and services that the Department of Personnel Services can provide under the current Charter language. (a) Confidential opinion dated 03/07/2011 from Deputy County Attorney Jennifer Winn regarding the scope of the Department of Personnel Services' authority under the current Charter language contained in Article XV, Kaua'i County Charter. Deputy County Attorney Jennifer Winn stated that she would gladly provide an explanation in open session on the legal opinion regarding Department of Personnel Services; however, the Cost Control Commission must waive its rights to confidentiality and allow the opinion to be publicly released. First Deputy Attorney Amy Esaki explained that at its meeting on February 14, 2011, the Cost Control Commission heard from County Auditor Ernesto Pasion and Audit Manager Lani Nakazawa, regarding the feasibility of converting the Department of Personnel Services to a human resources department. They suggested that the Commission obtain a legal opinion regarding the scope of the department's authority. As a result, the Commission requested that the County Attorney's Office provide an opinion on the scope of responsibilities and services that the Department of Personnel Services can provide under the current charter language. Ms. Esaki stated that because the discussion took place in open session, the Commission as a whole could waive its rights to confidentiality and allow the opinion to be publicly released. The Commission voted to Referring to the response dated March 7, 2011, County Attorney Winn stated that generally the waive its rights to county or the department are only authorized to do things that are expressly granted and which are confidentiality and allow necessarily or fairly implied in the express grant or those actions which are deemed essential or for the opinion to be indispensable to the accomplishment of the declared purposes of the municipal corporation. publicly released. With regards to the Personnel Department, Ms. Winn said that we are not only looking at the charter but also at state laws that concern personnel departments of all counties. She believes that Cost Control Commission Open Session March 14, 2011 Page 5 SUBJECT DISCUSSION ACTION there is room for additional things to be done by the Personnel Department, based on how the charter is currently written including the State Law. However, even without that, there is a provision in the charter that permits the Mayor to assign additional duties to agencies. Ms. Winn stated that she does not believe that a certain charter amendment is required; however, if this Commission is asking for a legal opinion it usually indicates that some things are not clear. Chair Sterker asked whether converting the Department of Personnel Services to a human resources department is possible. Ms. Winn said yes. Chair Sterker called for the motion to accept the confidential opinion dated 03/07/11 from County Attorney Jennifer Winn. Mr. Chaffin moved to accept the confidential opinion dated 03/07/11 as circulated; seconded by Ms. Yoshida and carried 5:0. Based on this opinion, the Cost Control Commission moved to recommend the following: 1) Request that the Mayor direct the Department of Personnel Services to assume the responsibility for all human resources related training such as sexual harassment,workplace violence, OHSA, First Aid, etc. 2) That the Administration conduct a review of transferring/consolidation existing employees in the Mr. Chaffin moved to various departments responsible for personal functions under the Personnel Department including a have staff draft cost analysis and provide a copy of its findings to the Cost Control Commission; and recommendations for 3) Propose that the Charter Commission consider an amendment to the County charter that would review and possible expand the existing duties and responsibilities of the Personnel Department to include human approval at the April 11, resources functions. 2011 meeting; seconded by Ms. Yoshida and Chair Sterker called for the motion. carried 5:0. Staff was instructed to draft recommendations for review and possible approval at the April 11, 2011 meeting. CCC 2011-05 Discussion and possible decision making on future agenda items that are 4ppropriate Cost Control Commission Open Session March 14, 2011 Page 6 SUBJECT DISCUSSION ACTION to the Cost Control Commission's responsibilities pursuant to Section 28.04, Kaua'i County Charter. The Commission will be discussing the establishment of an Employee Incentive Program related to energy cost savings in April 11, 2011 The Commission will begin to review and discuss the County's real property tax exemptions and rate setting procedures in May 2011. Chair's Chair Sterker announced that the next meeting of the Cost Control Commission will begin at 1:30 Announcement p.m. on Monday,April 11, 2011, at the Mo'ikeha Building in the Liquor Conference Room 3. Adjournment With no further business to discuss, Chair Sterker called for the motion to adjourn the meeting at Ms. Yoshida moved to 2:50 p.m. adjourn the meeting; seconded by Mr. Takenouchi and carried 5:0. Submitted by: Reviewed and Approved by: Mercedes Youn, Support Clerk Sandi Sterker, Chair ( ) Approved as circulated on (X) Approved as amended on 05/09/11. See minutes of 05/09/11