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HomeMy WebLinkAbout2012_0123_CharterAgendaPacket Patrick Stack Members: Chair Pro-Tem Mary Lou Barela Joel Guy Carol Suzawa Sherman Shiraishi Vice Chair Pro-Tem Jan TenBruggencate Ed Justus COUNTY OF K-,kUA'l CHARTER REVIEW COMMISSION NOTICE OF MEETING AND AGENDA Monday, January 23, 2012 4:00 p.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/B 4444 Rice Street, Llhu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of November 28, 2011 BUSINESS CRC 2011-09 Proposed amendment revising Article XV of the Kaua'i County Charter, relating to establishing a Department of Human Resources a. Memorandum dated 1/3/12 from County Council Chair Jay Furfaro notifying the Charter Review Commission that the Committee of the Whoie has requested a progress report from the Administration's Human Resources Subcommittee at the March 7, 2012 meeting and will forward Council's comments shortly thereafter. CRC 2011-18 Election of Chair and Vice-chair for 2012 (Deferred to January 2012 meeting) CRC 2012-01 Revise Charter Review Commission Meeting Schedule for 2012 a. Move March meeting to Monday, March 19 (was Tuesday, March 27 which is in conflict with the Civil Service Commission meeting) ANNOUNCEMENTS Next Meeting: Monday, February 27, 2012 at 4:00 pm in the Mo'lkeha Building, Meeting Room 2A_/B ADJOURNMENT An Equal Opportunitv Eniployer EXECUTIVE SESSION Pursuant to Hawal'i Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in FIRS §92.5(a). Discussions held in Executive Session are closed to the public. Cc: Deputy County Attorney Jennifer Winn PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: I. Your name and if applicable, your position/title and organization you are representing; The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only; and 4. If you are unable to submit your testimony at least 24 hours prior to the meeting please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and 5. If testimony is based on a proposed Charter amendment, list the applicable Charter provision. While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The Charter Commission rules limit the length of time allocated to persons wishing to present verbal testimony to five(5) minutes. A speaker's time may be limited to three (3) minutes if, in the discretion of the chairperson or presiding member, such limitation is necessary to accommodate all persons desiring to address the Commission at the meeting. Send written testimony to: Charter Review Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 LThu'e, HI 96766 E-mail:bdav1s('&kquai-(yov Phone: (808) 241-4919 Fax: (808) 241-51277 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and I Commissions Support Clerk at(808) 241-4919 at least five (5) working days prior to the meeting. Charter Review Commission—January 23, 2012 2 I' d e R R_HIT 10 Bt@ A . n A 11,J01ri COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Cornmitte e CHARTER REVIEW COMMISSION Mectim,, Date I November 28, 2011 Location o'ik-eh,a,Building, Meeting Room 2Al2B Start of Meeting: 4:00 p.m. =End of Meeting: 4:40 p.m, Present Chair Sherman Shiraishi-, Vice-Chair Patrick Stack Members: Mary Lou Barcla; Joel Guy; Ed Justus; Carol Suzawa Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Barbara Davis, Administrator John Isobe, Administrative Aide Paula Morikarm Excused Member: Jan TenBruggencate Absent SUBJECT DISCUSSION ACTION -—------------- —----- CaIlTo Order (,'hair Shiraishi called the meeting to order at sent ------—-------- Approval of Regular Open Session Minutes of October 24, 2011 Ms. arela moved to approve the minutes as Minutes circulated. Mr. Justus seconded the motion. Motion carried 6:0 ---------- Business CRC 2011-09 Proposed amendment revising Article XV of the Kaua'i County Charter, relating to establishing a Department of Human Resources. (Deferred to 11/28/11 meeting pending response from the County Council) ('.'hair Shiraishi noted that a response had not yet been received from the County Council, Ms. Barcla moved to defer the matter indefinitely until the Commission receives a response frorn the County Council, Mr. Justus It was noted that the County Council had previously responded that they seconded the motion. would provide their comments on this proposed amendment after they received a progress report from thel-lunian Resources Subcommittee that was set LIP to study this issue. Mr. Isobe reminded the Commission that it was the Cost Control Commission who initiated the proposed amendment for consideration and Charter Review Commission Open Session November 28, 2011, Page 2 SUBJECT DISCUSSION ACTION future action should not be dependent on receiving comments from the County Council. Mr. Guy moved to amend the motion to defer the matter until a response was received from the County Council or March 1, 2012, whichever came first. Motion as amendcd was seconded and carried 6:0 Motion carried 6:0 on the main motion CRC 2011-11 Discussion and possible decision-making on Article XXIII, General Provisions, Section 23.02 14. as it relates to term limits for boards and coma fissi ons members (Deferred to 11/28111 meeting) c. Confidential opinion dated 1118/11 frorn the Deputy County Attorney Jennifer Winn offering legal guidance as to the legality and compliance of a proposed charter amendment to Kaua'i County Charter §23.02 H. Attorney Winn confirmed to Mr. Justus that her communication did not contain anything that would present a problem with the client-attorney privilege. Mr. Justus moved to waive the client-attorney privilege and release the opinion publically. Mr. Guy seconded the motion. Motion carried 6:0 Mr. Justus moved to approve the proposed amendment pending the ballot question. Mr. Stack seconded the motion. Motion carried 6:0 CRC 2011-13 Review and prioritize proposed amendments for consideration of placement on the 2012 ballot (ongoing review) The Commission agreed that with possible amendments to still come forward, it might be too early to tart the prioritization Ms. Barela moved to deter CRC 2011-13 to the S Charter Review Commission Open Session November 28, 2011 Page 3 SUBJECT DISCUSSION ACTION February, 2012 meeting. Ms. Suzawa seconded the motion. Motion carried 6:0 CRC 2011-16 Proposed amendment from Commissioner Justus revising Article X11, Section 7.01,Terms of office for Mayor,limiting the term to two full terms or a total of ten years if served the remainder of a previous mayor's terzn. Some of the Commissioners were not in favor of limiting a candidate for future terms and felt the voters would make the appropriate decision at the Proposed amendment failed for lark of a motion. CRC 2011-17 Proposed amendment from Commissioner Justus revising Article 111, County Council, Sections 3.02 Composition, Section 3.03 Terms, and Section 3.04 Qualifications relating to Partial Districting. Chair Shiraishi noted that Commissioner Justus had requested an Advisory Opinion from the Board of Ethics on whether he could vote on this issue if lie was contemplating running for a Council seat in the 2012 election and suggested this issue be deferred to January, 2012, to allow Commissioner Justus to receive the Opinion from the Board of Ethics. Ms. Barela moved to defer CRC 2011-17 to the January 2012 meeting. Mr. Justus seconded the motion. Motion carried 6:0 � Mr. Justus stated lie would not be at the January meeting to discuss he proposed amendment. Mr. Justus made a motion to reconsider Ms. Barela's motion_ Mr. Stack seconded the motion. Motion carried :0 Mr. Justus moved to defer CRC 2011-17 to the February greeting. Mr. Stacy seconded the motion. Motion carried 6.0 Charter Review Commission Open Session November 2S, 2011 Page 4 SUBJECT DISCUSSION ACTION CRC 2011-18 Election of Chair and Vice-chair for 2012 Ms. Barela nominated Mr. Stack as the Chair and Ms. Suzawa as the Vice- chair, Mr. Justus said they should nominate each position separately. Mr. Stack. nominated Mr. TenBruggencate as the Chair but there was discussion as to whether it was right to elect a person in absentia. Mr. Barela then nominated Mr. Stack as Chair who declined the nomination. Ms. Barela moved to defer the elections to the next meeting and to have Mr, Stack serve as Chair Pro Tern and Ms. Suzawa to serve as Vice- chair Pro Tem at the January meeting. Mr. Justus seconded the motion. Motion carried 6:0 Adjournment Mr. Justus moved to adjourn the meeting at 4:40 p.m. Ms. Barela seconded the motion. Motion carried 6:0 Submitted by- Reviewed and Approved by: Barbara Davis , Support Clerk Sherman Shiraishi, Chair ( Approved as is. } Approved with amendments. See minutes of meeting. ,.e Proposing A Charter Amendment to Article XV Relating to Establishing A Department of Human Resources. Charter Amendment. Article XV of the Kaua'i County Charter is amended to read as follows: "ARTICLE XV DEPARTMENT OF [PERSONNEL SERVICES] HUMAN RESOURCES Section 15.01. {organization. There shall be a department of [personnel services] human resources consisting of a civil service commission, a director and the necessary staff for the purpose or establishing a system of personnel administration based upon merit principles devoid of any bias or prejudice,, and [providing a systematic and equitable classification of all positions through adequate job evaluation] generally accepted methods governing classification of positions and the employment, conduct, movement, and separation of public officers and employees. Section 15.02. Civil Service Commission Organization. The civil service commission shall consist of seven members who shall be in sympathy with and who shall believe in the principles of the merit system in public employment, [or] qf the members appointed, one shall be selected from among persons employed in private industry in either skilled or unskilled laboring positions as distinguished from executive or professional positions. (Amended 2006) Section 15.03. Powers and Duties. The civil service commission shall: A. Adopt rules and regulations to carry out the civil service and compensation laws of the State and county. Such rules and regulations shall distinguish between matters of policy left for the determination of the commission and matters of technique and administration to be left for execution by the director. B. Hear and determine appeals made by any officer or employee aggrieved by any action of the director or by any appointing authority. Appeal from the decision of the commission shall be as provided by law. C. Advise the mayor and director of personnel services on problems concerning personnel and classification administration. D. Execute such powers and duties as may be provided by law. CRC 2011-09 100- Section 15.04. Director of [Personnel Services] Human Resources. The director of [personnel services] human resources shall have had a minimum or five years of training and experience in personnel administration either in public service or private business, or both, at least three years of which shall have been in a responsible administrative capacity and shall be in sympathy with the principles of the merit system. He shall be appointed and may be removed by the commission and come under the general supervision of the Mayor. The director shall be the head of the department of [personnel services] human resources and shall be responsible for the proper conduct of all administrative affairs of the department, and for the execution of the [personnel] human resources managg�ment program prescribed in this charter and in the ordinances and regulations authorized by this charter. Section 15.05. [Civil Service and Exemptions. All positions in the county, except those exempted by law, shall be under civil service.] Human Resources Management Program. The director of human resources shall be responsible for the execution of the human resources management program which shall include: A. Classification, recruitment, selection, employment, deployment, promotion, evaluation, discipline, and separation of employees. B. Labor relations and negotiations. C. Administration of employment policies and trainings related to employee benefits, conduct, development, and safety and injury prevention. D. Workers' compensation. E. Equal employment opportunities, F. Workforce coordination and planning. G. Administration of the civil service system as prescribed by statute. H. Other related duties as may be determined by the Mayor." Note: Charter material to be repealed is bracketed. New charter material is underscored. Proposed Ballot Question: Shall the title of the Department of Personnel Services be changed to Department of Human Resources and its existing scope of responsibilities broadened to include a more comprehensive human resources function? 6,128/11: Legal review by County Attorney's Office;confidentiality waived on the communication by the Cost Control Commission. 7/13i 11:proposed amendment by Cost Control Commission 7/25/11: as amended by Charter Review Commission 8/23111 and 11/30/11: solicit input from the County Council COUNTY COUNCIL OP M0-010FICE OF THE COUNTY CLERK �NE Jay Furfaro, Chair IN JoAnn A. Yukimura, Vice Chair Ricky Watanabe, Interim County Clerk Tim Bynum Eduardo Topenio, Jr_ Deputy County Clerk Dickie Chang, KipuKai Kuali'i j Telephone(808)241-4188 Nadine K. Nakamura Fax (808)241-6349 Mel Rapozo Email cokcouncil ,,kauai.go Council Services Division 4396 Rice Street, Suite 209 L-ihu'e, Kauai, Hawai'i 96?66 66 MEMORANDUM JAN 4 201Z January 3, 2012 BOARDS & COWVIISSICI'!S TO: Sherman Shiraishi, Kaua'i County Charter Review Commission Chairperson FROM: Jay Furfaro, Council Chair RE: Kauai County Council ComVn 9 roposed Charter Amendment Relating to the Establishment of a Department of Human Resources Thank you for an update regarding the Charter Review Commission's timeline to address the topic of establishing a Department of Human Resources by March 27, 2012, The Council has asked the Administration's Human Resources Subcommittee (here in after Subcommittee) to present a progress report at the March 7, 2012 Committee of the Whole Meeting. This progress report was originally scheduled for November 9, 2011, at the request of the "Subcommittee", the progress report was re-scheduled. Once the presentation by the "Subcommittee" has concluded, the Council should be able to forward the comments you requested shortly thereafter. Thank you for your patience in regards to this matter. Should you have any questions, please feel free to call me or Council Services Staff at 241-4188. cc: Gary Heu, Managing Director Malcolm Fernandez, Director of Personnel Services Janine Rapozo, HR Task Force Councilmembers ssX: NfichaiNakashirna'tijf 2010-2012\Charter Review Commission Re-HR Department(Re-schedule)2012-38-1,doc CRC 2011-09 a. AN EQUAL OPPORTUNITY EMPLOYER Adg� Sherman Shiraishi, Chair Members: Mary Lou Barela Patrick Stack, Vice Chair Joel Guy Ed Justus Jan TenBruggencate Carol Suzawa KAUAI COUNTY CHARTER REVIEW COMMISSION TO: Chair Jay Furfaro and Members of the County Council Cc: Gary Heu, Managing Director Ricky Watanabe, Interim County Clerk FROM: Sherman Shiraishi, Chairperson Via: John Isobe, Administrator, Office of Boards & Commis DATE: November 30, 2011 RE: Request for Comments Amendment Proposal to the Kaua'i County Charter on Establishing a Department of Human Resources As you may recall, the Charter Review Commission requested input from the County Council regarding a Charter amendment establishing a Department of Human Resources. By letter from the Council dated October 6, 2011, the Commission was informed that comments would be forthcoming after a progress report from the Human Resources Subcommittee was received. Please be informed that the Charter Review Commission has deferred consideration of this matter to its March 27, 2012 meeting or until comments are received from the County Council, whichever occurs sooner. If you have any questions, please contact Paula Morikami at 241-4922. Thank you.