HomeMy WebLinkAbout2012_0327_AgendaPacket Roy Morita Members-,
Chair Cathy Adams
Lam Aranio
Gilbert Maerina Ryan de la Pena
Vice-Chair John Low
COUNTY OF KAU'A'I CIVIL SERVICE COMMISSION
NOTICE OF MEETING AND AGENDA
Tuesday, March -2 7, 2012
3:00 p.m. or shortly thereafter
Mo'ikeha Building, Liquor Conference Room 3
4444 Rice Street, Llhu'e, HI 96766
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES
Open Session Minutes of February 28, 2012
COMMUNICATION
CSC 2012-14 Communication received 31/14/12 from the 5 th Circuit Courtin the matter
of Eric Rita vs. Civil Service Commission of the County of Kaua'i and
County of Kaua'i; Civil No. 12-1-0086 JRV compelling production of
records and transmittal of same
BUSINESS
CSC 2012-15 Letter dated 3/7/12 from the Human Resources Taskforce to the Civil
Service Commission providing a copy of the communication to the Kaua'i
County Council with an update on centralizing personnel functions and
services
DIRECTOR'S REPORT
CSC 2012-16 a. Weekly Report Ending February 19, 2012
b. Weekly Report Ending February 26, 2012
c. Weekly Report Ending March 4, 2012
d. Weekly Report Ending March 11, 2012
EXECUTIVE SESSION
Pursuant to Hawal'i Revised Statutes §§92-4 and 92-5 (a) (2) (4), 92-9 (a) (1-4) and (b), the
purpose of this executive session is to receive and approve Executive Session minutes, to
consider the hire, evaluation, dismissal or discipline of an employee or officer of the County
where consideration of matters affecting privacy will be involved and to consult with the
Commission's legal counsel on issues pertaining to the Commission's and the County's powers,
duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and
take such action as appropriate.
An Equal Opportunin,Eniployer
E -1 S: Executive Session Minutes of February 28, 2012
Pursuant to Hawaii Revised Statutes §§92-4, 92-5 (a) (4), the purpose of this executive session
is to consult with the Commission's legal counsel on issues pertaining to the Commission's and
the County's powers, duties.
. privileges, immunities, and/or liabilities as they may relate to this
item, deliberate and take such action as appropriate.
ES-16: CSC 2012-11 Confidential communication dated February 16, 2012, from the Board of
Water Supply regarding personnel issues (ongoing)
Z:� Z�I
ES-17, CSC 2012-13 Communication dated February 22, 2012, from the Department of Finance
regarding personnel issues (ongoing)
ES-19: CSC 2012-17 Communication dated March 1, 2010, questioning the method in which
the Department of Personnel Services calculates the Training and
Experience points for positions in the Kaua'i Fire Department
ES-20: CSC 1-012-18 Memorandum dated 21129/12 from the Civil Service Commission to the
Director of Personnel Services requesting written response on how
complaints and personnel issues have been resolved.
a. Letter dated 3/16/12 from the Director of the Department of Personnel
Services responding to the Commission's request for on how complaints
and personnel issues have been resolved.
RETURN TO OPEN SESSION
Ratify Commission actions taken in Executive Session for items:
o ES-18, ES-16, ES-17, ES-19 and ES-20
ANNOUNCEMENTS
Next Meeting: Tuesday, April 24, 2012 -3:00 p.m., Moikeha Building,, Liquor Conference
Room 3
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pursuant to Hawaii 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
H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a).
c: Justin Kollar, Deputy County Attorney
Civil Sere-ice Commission- March 27, 2012 - Amended Page 112
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours
prior to the meeting indicating:
4:�'
1. Your name and if applicable, your position/title and organization you are representing;
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comments onlv,
1
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
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 length of time allocated to persons wishing to present verbal testimony may be limited at the
discretion of the chairperson or presiding member.
Send written testimony to:
Civil Service Commission
Attn: Barbara Davis
Office of Boards & Commissions
4444 Rice Street, Suite 150
Uliu'e, HI 96766
Email: bdavis(kauai.gov
Fax: 241-5127 Phone: 241-4919
SPECIAL ASSISTANCE
If you need an alternate format or an auxiliary aid to participate, please contact the Boards &
Commissions Support Clerk at 241-4919 at least five (5)working days prior to the meeting.
Civil Service Commission-- March 27, 2012 - Amended Pa--
B 10 A RRIA�F�TTo �rou COUNTY OFKAIJAI rl
Minutes of Meeting
OPEN SESSION
Board/Committee: CIVIL SERVICE COMMISSION Meeting Date 223, 2012
Location Mo'ikeha Building, Liquor Control Commission, Meeting Room 3 Start ot- Meeting: 3:00 p.m. End of Meeting: 4:11 p.m.
Preset-it Chair Roy Morita; Vice-Chair Gilbert Maerina; Members: Ryan de la Pena; John Low; Lani Aranio
Also: Deputy County Attorney Marc Guyot; Director of Personnel Malcolm Fernandez; personnel Management Specialist Joyce
Schuierer; Boards & Commissions Office Staff- Support Clerk Barbara Davis; Administrator Paula Morikanii; Administrative Aide
'reresa fannura
Excused Member: Cathy Adams
Absent
SUBJECT DISCUSSION AC
Call To Order Chair Morita called the-,meeting-to o,rder at_3:00
—------
p.m. with 5 members pre sc�rn_
Approval of Open Session mqtqs (14january 24 2012
Minutes Qpe Session Minutes ofFebri�ary 7, 2012
Ms. Aranio moved to approve the January 24
and February 7 minutes as circulated. Mr. de la
-Pena seconded the motion. Motion carried 5:0
Business CS(C 2-012-09 Discussion of recruitment and evaluation -------
ment of Personnel Services
Ms. Joyce Schuierer, Personnel Management Specialist,explained that before
veteran's preference points are awarded, an applicant first needs to meet the
tinnitrium qualification requirements. In addition that person would need to
pass whatever examination is given I'm the recruitment position,whether it is a
written exam or training and experience. At that point, if the person has the
DD214 form they would be credited with the veteran's preference points and
placed on the eligible list, based on their regular rating and the veteran's
prefL-rence points. A person can be on the eligible list and have veteran's points
but that does not come into play until the names are referred. If 5 people are on
the e e I s with a grade of 75 and there is someone on the eligible
s
_w
Civil Service Commission
Open Session
February 28, 2012 Page 2
SUBJECT DISCUSSION ACTION
list who has a grade of 70 but has 5 points they would now have a score of 75.
That person would also be referred in addition to the other 5 people who had
the score of 75.
There are Ii stings that have to be looked at before a determination can be made
but if all the names are being referred, the veteran's points just wash out.
There are quite a few different wars and campaigns that need to be looked at to
see if that person would be eligible for the points.
Asked if it is possible that someone is a veteran but not get the 5 points, Ms.
Schuierer said that would be correct. If the person did not meet the criteria
listed in USC 2108, they would not qualify nor would they get the points.
Mr.Macrina,in referring to the Federal website on veteran's preference,asked
how closely the County's structure followed that of the Federal. The veteran's
points refer only to the federal civilian jobs but go all the way through to the
end while the County seems to apply only to the eligibility side. Why don't the
points carry from the eligible list all the way to the final?
Ms. Schuierer said once the names are referred they are all considered equal;
the preference points are only for getting that person referred so they can go to
the next step. Once they get to the next step, which is the interview process,
they are all considered equal regardless of the scores.
Ms. Aranio said if theyare all considered equal and start with zero,it would be
up to the department head during the interview process to assess the scores
which would be totally separate from the eligibility list that was provided,
Ms. Schuierer said that was Correct but DPS does not use veteran's preference
towards arcamotional exams, only open competitive
Civil Service Commission
Open Session
February 28, 2012 Page 3
SUBJECT DISCUSSION ACTION
Mr. Low asked if the department conducting the interview or making the
selection process used the veteran's preference. Ms. Schuierer said no.
Ms. Schuierer said if a department wants the top 5 people referred and the 5"'
person has a score of 97 but there is an individual with a score of 93 who is
eligible for veteran's points which gives them a score of 98 that individual
would be referred in addition to the 5 names.
Attorney Guyot said the veteran's preference does not guarantee anyone ajob,
only a preference. In most situations it will not bounce out another eligible
individual such as the example just mentioned. With the 5 highest and
factoring in that person with the veteran's points, the department would now
receive 6 to be interviewed. That is part of the reason those numbers are listed
as eligibles and you don't identify the individual who has the veteran's
preference, The State and the Federal apply it differently. The County of
Kaua'i does follow the State and other counties within Hawaii. Ms. Schuierer exited the meeting at 3:10
Director's CSC 2012-09 a. Weekly Report Ending January 15, 2012
Report b. Weekly Report Ending January 22,2M
c. Weekly Report Ending January 29, 2012
d. Weekly Report Ending February 5, 2012
e. Weekly Re-oort Ending February 12, 2012 Ms. Aranio moved to receive the Director's
reports. Mr. Macrina seconded the motion.
Mr. Fernandez said he met with the Office of the Prosecuting Attorney and
discussed the recruitment for the SR-24 position and possible modifications
to the job. Recruitment is under way to fill the position of the DPS
Personnel Clerk I position. The HR reorganization has not been finalized
by the Task Force and that committee consists of Janine Rapozo - Risk
Managemcm Administrator, Karen Matsumoto - retiree from the
D artinent of Personnel Services, Marc Guyot, John Isobe, and Kris
Civil Service Corninission
Open Session
February 28, 2012 Page 4
DISCUSSION ACTION
Nakamura— Parks and Recreation. The explanation for acronyms in the
February 5 report: DSO Cert. is for the Water Distribution Certification
TM ,),
t4al�ment. Motion carried 5:0
_asition._ LR is Labor Relation issues. SA is the s upplemen
Executive Attorney Guyot read the flawaii Revised
Session Statutes provisions as outlined on the agenda to
take the Commission into Executive Session for
consideration of the 4 items listed.
Mr. de la Pena moved to go into Executive
Session at 3:17 p.m. Ms. Aranio seconded the
motion. Motion carried 5:0
Return toOpen The meeting resumed in Open Session at 4:10 p.m.
Session
Ratify Commission actions taken in Executive Session for items:
o ES-14, ES-15, ES-16 and ES-17 Mr. de la Pena moved to ratify the Commission's
action taken in Executive Session. Vice-Chair
Maerina seconded the motion. Motion carried 5:0
Announcements Next Meeting: Tuesday, March 27, 2012—3:00 p.m.
Attorney Guyot advised the Commission that he will be out of town from
March 15 through March 31.
Adjournment Mr. Low moved to adjourn the meeting at 4:11
p.m, Mr. de la Pena seconded the motion.
Motion carried 5:0
Submitted by: Reviewed and Approved by:
Barbara Davis, Staff Support Clerk- Roy Morita, Chair
Approved as is. ( ) Approved with amendments. See minutes of__ meeting.
OF
Bernard P. Carvalho,Jr. Alfred B. Castillo, Jr.
Mayor
4,0 County Attornev
Gary K. Heu OF Amy 1. Esaki
Managing Director First Deputy
OFFICE OF THE COUNTY ATTORNEY
County of Kaua'i, State of Hawaii
4444 Rice Street. Suite 220,L-thu'e, Flawai'i 96766-1300 1!7,
TEL(808)241-4930 FAX(808)241-6319
LETTER OF TRANSMITTAL W 1 42012
March 14, 2012 BOARDS & COMMISSIONS I
TO: Barbara Davis, Commissions Support Clerk
Civil Service Commission
RE: Eric Rita vs. Civil Service Commission of the County of Kauai and County of
Kauai; Civil No. 12-1-0086 JRV
We are enclosing the following:
File stamped copy Notice of Appeal to Circuit Court; Designation of Record on
Appeal; Order to Certify and Transmit Record on Appeal; Preliminary Statement of the
Case; Certificate of Service
f-I For your information For necessary action
❑ For your files F-1 For signature and RETURN
❑ For review and comment to this office for filing. A filed
F-1 For correction copy will be forwarded to you.
❑ For distribution ❑ For signature and FORWARD to
❑ Per your request
❑ Per our agreement ❑ For filing or recording
❑ Per our conversation See remarks below
REMARKS: Please make sure that the Order to Certify and Transmit Record on Appeal
is submitted within fifteen (15) days from the date of the order. If you should have any
questions please feel free to contact me. Thank you for your prompt attention to this
matter.
By 4�91� n.c_.. L t1
'JUSTIN F. KOLLAR
Deputy County Attorney
Enclosure(s)
JFK'sv
CSC 22012-14
An Equal Opportunity Employer
JUNE C. IKEMOTO
Law Office of June C. Ikemoto
4442 Flard'y Street, Suite 207 2912 h AR, 13 Fill 3.* 35
Lihuc, HI 96766
Telephone: (808) 246-343-5
'-TT-
Attorney for Plaintiff
IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT
STATE OF HAWAII
ERIC RITA, CIVIL NO.
(Agency Appeal) JKV
Plaintiff,
NOTICE OF APPEAL TO CIRCUIT
vs. COURT; DESIGNATION OF RECORD ON
APPEAL; ORDER TO CERTIFY AND
CIVIL SERVICE COMMISSION' OF THE TRANSMIT RECORD ON APPEAL;
C 0 U'INTY OF KAUAI and COUNTY OF PRELIMINARY STATEMENT OF THE
KAUAI, CASE; CERTIFICATE OF SERVICE
Defendants.
NOTICE OF APPEAL TO CIRCUIT COURT
Notice is hereby given that Plaintiff Eric Rita., by and through his undersigned counsel,
does hereby appeal pursuant to Part I Rules of the Director of Personnel Services of the
Department of Personnel Services, County of Kauai, Hawaii Revised Statutes section 76-14;
Hawaii Revised Statutes Section 91-14, and Rule 72 of the Hawaii Rules of Civil Procedure to
the Circuit Court of the Fifth Circuit, the decision of the Civil Service Commission of the CountN,
of Kauai at its meeting held on November 22, 2012, denying Plaintiffs appeal.
I
DATED: L]hue, Hawaii,
TO
i M
11�'EOTO
mey for Plaintiff
IS j,4 11!;' !'1 a,"
FN THE CIRCUIT COURT OF THE FIFTH CIRCUIT
STATE OF HAWAII
ERIC RITA. CIVIL NO.
(Agency Appeal)
Plaintiff,
DESIGNATION OF RECORD ON APPEAL
Vs.
CIVIL SERVICE COMMISSION OF THE
COU��NTY OF KAUAI and COUNTY OF
KAUAI,
Defendants.
DESIGNATION OF RECORD ON APPEAL
The Plaintiff hereby designates as the record on this appeal:
I. The entire files and records of the proceedings or meetings before the Civil
Service Commission held on November 22, 2011, of Plaintiffs appeal to the Civil Service
Commission.
2. The transcripts of the proceedings or meetings, caucuses, and executive sessions
held by or before the Civil Service Commission held on November 22, 201 1, of the above-
entitled case.
DATED: Lihue, Hawaii,
JrC. IKEMOTO
torn,
tornev for Plaintiff
COU=RT IN THE CIRCUIT _IRT OF THE FIFTH CIRCUIT
STATE OF HAWAII
ERIC RITA. CIVIL NO.
(Agency Appeal)
Plaintiff.
ORDER TO CERTIFY AND TRANSMIT
vs. RECORD ON APPEAL
CIVIL SERVICE COMMISSION OF THE
COUNTY OF KAUAI and COUr.\TY OF
KAUAI.
Defendants.
ORDER TO CERTIFY AND TRANSMIT RECORD ON APPEAL
TO: CIVIL SERVICE COMMISSION OF THE COUNTY OF KAUAI
Plaintiff having duly filed a Notice of Appeal and Designation of Record on Appeal and
z:_11 -
having designated therein as the record on appeal:
The entire files and records of the proceedings or meetings before the Civil
1. z:* Z�
Service Commission held on November 221, 201 L regarding the Appeal filed by Eric Rita.
1 The entire transcripts of the proceedings, meetings, caucuses_ and executive
sessions before the Civil Service Commission held on November 22, 201 I, regarding the Appeal
filed by Eric Rita.
IT IS HEREBY ORDERED THAT THE CIVIL SERVICE COMMISSION OF THE
COUNTY OF KAUAI is hereby directed to certify and transmit to this Court, within fifteen (15)
days from the date of this order, the entire record in the matter including all exhibits and written
submission. all tapes and electronically taped recordings of any and all hearings and meetings of
a public or private or executive nature. and the entire transcript of the public hearings and other
meetings held by or before Defendants identified in Paragraphs I and 2 above, and including all
of the records, files and materials identified in Paragraphs I and 2 above.
DATED: Lihue. Hawaii,
CLERK OF THE ABOVE-ENTITLED COURT
P\ITHE CIRCUIT COURT OF THE FIFTH CIRCUIT
STATE OF HAWAII
ERIC RITA, CIVIL O.
(Agency Appeal)
Plaintiff,
PRELIMENARY STATEMENT OF THE
vs. CASE
CIVIL SERVICE COMMISSION OF THE
COUNTY OF KAUAI and COUNTY OF
KAUAI,
Defendants,
PRELIMINARY STATEMENT OF THE CASE
I Jurisdiction is conferred on this Court by Hawaii Revised Statutes ("I-IRS")
Section 91-14, Rule 72 of the Hawaii Rules of Civil Procedure, and Rules of the Civil Service
Commission/Merit Appeals Board, Department of Personnel Services, County of Kauai.
2. Plaintiff Eric Rita is a resident of the County of Kauai, State of Hawaii, and is the
Plaintiff in the present cause of action.
3. Defendant Civil Service Commission of the County of Kauai (hereinafter"Civil
Service Commission"), is an agency of the County of Kauai (hereinafter "County") and has the
responsibility pursuant to Article XIV of the Kauai County Charter. County of Kauai Ordinance
No. 864 and HRS Chapter 46-4, for addressing all appeals from the decisions of the Department
of Personnel Services.
4. Defendant County of Kauai is a Hawaii municipal corporation and political
subdivision of the State of Hawaii pursuant to the laws of the State of Hawaii.
5. On December 29. 2010, the Department of Personnel Services opened recruitment
for a Liquor Control Investigator position, The closing date was January 122, 2011.
6. The recruitment notice did not state whether the list of eligibles would be
developed from an assembled written testing or unassembled testing
7. Plaintiff submitted an application and claimed his five (5) veterans' preference
points,
8, The Department of Personnel Services chose to use the unassembled testing,
9. The "unassembled", testing procedure as carried out by the Department of
Personnel Services does not allocate any points. As such, the minimum qualifications were used
as the "passing" rate. Therefore. everyone's ranking was '*I*' and the exam rank was -1."
10. Mr. Malcolm Fernandez. the Director of Personnel Services, equates minimum
qualification as being the "testing- vehicle utilizing the "unassembled basis."
11. According, to County of Kauai, Rules of the Director of Personnel Services as
well as the Hawaii Administrative Rules section 14-1-15, *,Minimum qualification" means the
minimum experience, education, licensing, and other special requirements essential for
performance in a class of work or a position.- See County of Kauai. Rules of the Director of
Personnel Services, section 1-10; Hawaii Administrative Rules section 14-1-15.
12. The minimum rating may be set for each part of the examination with the final
earned rating to be determined by the combined earned ratings for each part of the examination.
See Rules of the Director of Personnel Services section 3-15(a). This was not the manner in
which the Director of Personnel Services filled the position of Liquor Control Investigator I.
13. The unassembled examination consisting of the combining of minimum education
requirement with-training and experience rating key met constitutional and statutory requirement.
In the Matter of John Bobrowich, Jr.. Appellant v. Ersa H. Poston et al. Comprising the New
Your State Civil Service Commission. Respondents, 52 A.D.2d 976, 383 N.Y.S.2d 113 (1976)
citing Matter of Altman v. Lang. 44 Misc. 2d 751, 383 8') N,Y.S.2d I13 (1965).
14. As there were no points applied to the unassembled basis -test." Plaintiff was not
awarded Veterans points.
15, The Civil Service Commission found that the Department of Personnel Services
did not credit the Appellant with the five points veterans preference in making their decision on
who to place on the eligible list. -Findings of Fact, Conclusions of Law, and Order Deriving
Appeallant's Appeal" dated February 7, 2012.
16, The rule awarding veterans preference is constitutional and Plaintiff should have
been awarded his veteran's preference points. See Personnel Administrator of Mass. v. Feeney,
442 U,S. 256. 99 S. C t. 2282 (1979).
17, According to Rules of the Director of Personnel Services §3-15 (d), the order of
the list of eligibles shall be based upon the final earned ratings plus credible veterans preference
points. The Rule also references the Federal law which awards veterans points. See Rule of the
Civil Service Commissiorti'Merit Appeals section 5 U.S.C. 2108.
18. The term "shall" within section 3-15{d) makes it mandatory to award veteran's
point to an applicant that has the minimum rating for each part of the examination. See Hawaii
Revised Statutes, 3-15. State v. Kaho'ohanohano v. Dept of Human Servs.. 117 Hawaii -261
281. 178 P.3d 538, 557 (2008').
19. The Civil Service Commissions denial of Plaintiff s appeal was made under color
of law and pursuant to official policy.
,-)0.
The denial of Plaintiffs appeal denies Plaintiff the requisite objectivity in the
testing and rating of the examination as required, and the award of veteran's points.
WHEREFORE, the Plaintiffs pray that this Court:
A. Reverse and set aside the decision of the Defendant, Civil Service Commission,
denying Plaintiffs appeal. I
B. Remand this matter to the Civil Service Commission, with orders to grant
Plaintiffs appeal that the unassembled test requires that in addition to the minimum
requirements, additional points must be awarded for education, training, and experience as well
as veterans points.
C. Grant Plaintiff his costs and fees herein, and such further relief as may be just in
the premises.
DATED: Lilme, Hawaii MAR 20
Jt6e- C. IKEMOTO
Attorney for Plaintiff
IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT
STATE OF HAWAII
ERIC RITA. CIVIL O.
(Agency Appeal)
Plaintiff,
CERTIFICATE OF SERVICE
vs.
CIVIL SERVICE COM-MISSION OF THE
COUNTY OF KAUAI and COUNTY OF
KAUAI,
Defendants.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 13, "_'012, two (2) true and correct copies of the
foregoing were duly served upon the following party by hand-delivering same to the following
address, addressed as follows:
ALFRED B. CASTILLO. JR., ESQ,
County Attorney
MARC GUYOT, ESQ.
Deputy County Attorney
Office of the County Attorney
County of Kauai
4444 Rice Street, Suite 220
Lihue, Kauai, Flawaii 96766
Attorneys for Defendants
CIVIL SERVICE COMMISSION OF THE COUNTY OF KAUAI
and COUNTY OF KAUAI
DATED: Lihue, Hawaii,
:J ,- C. I K E M OT 0
Attorney for Plaintiff
COUNTY OF KAUA'I
HUMAN RESOURCES TASKFORCE
4444 RICE STREET
LIHUE HI 96766
- 8 2012
March 7, 2012
SOAR INIS '
Mr. Roy Morita, Chair
Civil Service Commission
County of Kaua'i
Office of Boards and Commissions
4444 Rice Street
L-ihu'e HI 96766
Re: Human Resources Taskforce Update Report
Dear Mr. Morita and Members of the Civil Service Commission:
Back in July 2011, at the request of the Cost Control Commission, the Mayor convened an
internal taskforce to analyze the feasibility and cost implications of creating a Human Resources
Department, centralizing personnel functions and services.
The attached communication to the Kauai County Council provides an update of the taskforce's
work and responds to specific questions posed by Council members.
If desired, the taskforce is willing to provide an update to the Commission on is findings and
recommendations at your earliest convenience.
Sincerely,
Human Resources Tasklorce members
Marc Guyot
John Isobe
Karen Matsumoto
Kris Nakamura
Janine Rapozo
cc: Mayor Bernard P. Carvalho
CSC 2012-15
Bernard P. Carvalho, Jr. Malcolm C. Fernandez
Mayor 0 Director of Personnel Services
Gary K. He OF
Managing Director
DEPARTMENT OF PERSONNEL SERVICES
County of Kaua'i, State of Hawaii
4444 Rice Street, Suite 140,Uhu'e, Hawaii 96766
TEL(808)241-4956 FAX(808)241-6593
March 7, 2012
TO: JAY FURFARO, COL NITY COUNCIL CHAIR ,44
FROM: MALCOLM C. FERNANDEZ, DIRECTOR OF PERSONNEL SERVICES
VIA: GARY K. HEU, MANAGING DIRECTOR '
SUBJECT: TRANSITION OF FUNCTIONAL RESPON IBILITIES - HUMAN
RESOURCES
This memo responds to your request dated January 3, 2012, regarding various items related to
the work currently being undertaken by the Human Resources Taskforce as follows:
I. The structure of how the current Department of Personnel Services would transition into a
Department of Human Resources,
The organizational charts depicting the current Department of Personnel Services (DPS) and
its proposed transition to an expanded Human Resources organization are provided for your
information and review. See attached Exhibit Nos. I and 2,
2. A cost comparison for the transition from the Department of Personnel Services to a
Department of Human Resources.
The transition of DPS to include expanded Human Resources capability is being
accomplished by transferring existing positions, equipment, and supplies that are currently
provided for in other administrative departments to DPS. For the most part, the cost
associated with this transition is merely shifting funds that were previously budgeted in
various administrative departments to DPS.
The transition will require a one-time cost increase in the FY 2013 budget for temporary
contract clerical services and additional office furniture, However, it is anticipated that the
proposed organizational consolidation and expansion of Human Resources functions will
result in direct and indirect cost savings over time.
AN EQUAL OPPORTUNITYEWLOYER
3. The current structure of the Department of Personnel Services with its appropriate "Table of
Organization, " and another "Table of Organization" that identifies the various "Personnel
Qqicers" or employees in each Department that handles those Wipes cif personnel-functions.
In addition,please discuss how this current structure would change if a Department of
human Resources is created.
The attached organizational charts referenced in Item No. 1, illustrate both the current
organizational structure of DP S and the proposed organizational chart for an expanded
Human Resources organization.
The table below lists the positions from various County Departments that are currently
assigned with personnel functions based on employee position descriptions:
DEPARTMENT POSITION % OF TIME
F
Count Attorney {office Manager 15%
fi
f:
Law ::
Civil Defense 41P FbliocSafety Services Secretary 1 2010
Council Services Departmental Staff Assistant 11 i 30%
Finance HR Specialist 1 50%
Fire Administrative Officer 50%
Fire Senior Clerk 20%
Housing Accountant IV 15%
Housing Agency Administrative Support Asst 300
Parks & Recreation HR Specialist 1 950
Parks & Recreation Pro am Support Technician 11 95%
Police Departmental Personnel Assistant 11 950
Police Personnel Clerk 1 90%
Prosecuting Attorney Departmental Staff Assistant 1 30%:�:�
Public Works Departmental Personnel Officer 10010 I
Public Works Departmental Personnel Assistant 1 100%
Transportation Accountant 111 40%
Water Human Resources Coordinator 100%
Based on Departmental surveys and desk audits, employees' actual duties were often
inconsistent with their position descriptions. In addition, other positions within the
various Departments who perform personnel functions were also identified as follows:
DEPARTMENTS POSITION DUTIES
Economic Development i Secretary f Personnel Liaison
Elderly Affairs Administrative Specialist i Personnel Liaison
rFire Public Safety Services Secretary Personnel support
services
LiQuor it Li uor Control Commission Secretary I Personnel Liaison
-7
i Planning 11 Staff Services Assistant Personnel Liaison
Police Trainiftor Lieutenant Tramin
Police r Research and Devclo meet Lieutenant Recruitment
4. Provide a "Function and services" comparison between the current Department of
Personnel Services and the proposed Department of Human Resources, include in vour
comparison, fiscal implications, etc.
DPS is the central personnel staff agency for the County and is currently organized to
perform five major functions:
o Administration
o Classification and Pay
o Labor Relations
o Recruitment and Examination
o Transaction
Some of these DPS functions and responsibilities have been decentralized and are also
being performed by individual departments.
Likewise, other core human resource functions including human resource management
and employee relations (benefits, employee assistance programs, conflict resolution),
training(health and safety awareness, injury prevention), workers' compensation and
ADA/EEOC are currently assigned to other departments or non-existent.
The attached chart (Exhibit No. 3) illustrates of how the current functions performed by
DPS and the individual Departments will be shifted and consolidated under the expanded
Human Resources organization.
cc: Cost Control Commission
Civil Service Commission
Charter Review Commission
COUNTY OF KAUAI Exhibit I
DEPARTMENT OF PERSONNEL SERVICES
POSITION ORGANIZATION CHART
Acknowledged, (October 2011)
bire-ctor olfi�e'���o—nnel S Date
CIVIL SERVICE COMMISSION
Approved: (7 MEMBERS)
I . I -I-.- ---. I b 1�41 11 1
r Bernard C Date OFFICE OF THE DIRECTOR
Director of Personnel Services
Pos. E-7 Ordinance
Private Secret
ary
Pos. E t 10 2, SR-2
0
LABOR RELATIONS& PERSONNEL
MANAGEMENT
Personnel Services Manager
Pos. 2101, EM-5
Clerk I
e
Personnel Management Personnel Program Personnel Management Personnel Management Personnel Clerk 11 Personnel Clerk I
Specialist V Specialist IV Specialist IV Pos. 10 Pos
Pos. 2104, SR-24 Analyst Pos. 2109, SR-22 Pos. 2110, SR-22 Pos. 2107, SR-13 Pos. 2111, SR-l1
I
Pos. 2105, SR-26
Human Resources
Exhibit
Proposed Restructuring
Civil Service Commission
i
Director of Human Resources
_._._....... �. „_.._...�.._._..__ Private Secretary
HIS Specialist r
(Aslmin Services{Bensstits)
SR-22
HR Ass6tant HR Assistant HR Clerk NR Clerk
SR-15 SR-15 1 $R-13 SR.IS
Human Resources Manager 11
((.
Human Resources Manager It Human Resources Manager 11
3 (Rec€uttment&Exam) (Labor Relations& (Health&Safety{Emp Rel)
Classification}
EM-03 EM-03
EM-03
Hirman Resources Specialist it Human Resources Specialist 11 Human Resources Specialist 11 Human Resources Spedalist ll Human Resources St—j 11
(Recruitment&Examk (llw (labor Relations) (Classification) ! (Training&Workers Cornp)SR 2.? F SR-22 ! SR-22 SR-22 i
Homan Resources Specialist_...-..+_t...i, Human_ft e_s..o...._u rues Sp...c._c_iab s_t.i
$Exam
Equipment rtp._r...T r_isi n,e.r
f SR 13
SR-20
Exhibit 3
PROPOSED HUMAN RESOURCES RESTRUCTURING
FUNCTIONAL DIVISIONS
Department of Personnel Proposed Human Departments
Services Resources Restructurin
ADMINISTRATIVE
SERVICES/BENEFITS
DIVISION
Prepare payroll
certifications
Serve as resource and final
authority in processing
payroll certifications
Set up and maintain
official personnel files
I Record and maintain
certifications, licenses,
physical exams and other
employment requirements
Document, track and
prepare Job Performance
Reviews; review 1.0
completed forms and file
i New hire orientation to
Countywide policies and 1 4
procedures
New hire orientation on
department specific
policies and procedures
New hire benefits
1 enrollment (health
I insurance, ERS, etc.1'
Open enrollment
i I information to eTpLoyees
Open�enrollment
ocessing
ER S communications 14
Prepare, process and
0 manage EAP program,
provide training to
Page I of 6
Exhibit 3
Department of Personnel Proposed Human Departments
ijidit JiDeipartmients
Services Resources Restructurin
ADMINISTRATIVE
SERVICES/BENEFITS
DIVISION (continued)_
i Initiate request for leave
donation
—4-1
Coordinate pre-retirement
it
L-workshops
Administer TDI program;
prepare reports: provide
informational training to
departments
I Initiate request for TDI
benefits
1 Develop and administer
FMLA program including
Countywide policies and
procedures and
informational training
Initiate request for FMLA
benefits
Coordinate deferred
compensation and flexible
spending programs; enroll
employees
Conduct exit interviews
COBRA enrollment as
needed; feedback to i
affected departments
Page 2 of 6
Exhibit 3
Department of Personnel Proposed Human Departments
Services Resources Restructurin
CLASSIFICATION
AND PAY DIVISION
Initiate request to create
new position description/
position description review,
providing summary of
scope of work, essential
functions. licenses,
certifications, equipment.
e environmental fact c.
nvironmental factors, et
Prepare position
descriptions including
Review position
description
Assist departments with
1 preparing/creating
organizational charts
1 Prepare organizational
charts annually and as
needed
Job evaluation, analysis
and grading
Exhibit
Department of Personnel Proposed Human Departments
Services Resources Restructurin
RECRUITMENT AND
EXAMINATION
DIVISION
Complete vacancy I
requisition (NeoGov)
Draft and prepare
I
j —i► recruitment and/or .F--
I retention incentives
' Distribute job posting
i
Countywide
{ —► Place ad in newspaper .o---
l Prepare and administer
tests ! #
[ --- ol Accept applications +-
-►' Screen applications I
Assist in the development
� of interview questions,
assure compliance
regarding interview
i
questions
Interview appl,rcants
Assist in the development
of reference check
questions; process
fingerprinting as needed
Conduct reference and
back round checks
Recommend selection to
Mayor(NeoGov); prepare I
j correspondence; contact
individual
Coordinate with
kDepartment and process
selected applicant for drug i
test, physical exam and i
other required qualifying
i s
tests
Schedule pre-employment 4-- I
I screem
Complete new hire
paperwork including
benefits enrollment t
Page 4 of 6
Exhibit 3
Department of Personnel Proposed Human Departments
Services Resources Restructurin
LABOR RELATIONS
DIVISION
Survey departments on I
recommendations for
I contract changes; develop
and recommend changes
to Mayor; prepare costing
reports and participate in
negotiations
Provide input on impact to
department and recommend
proposals on contract
changes
Develop and maintain
guidelines on discipline;
recommend possible
actions
Document and resolve
disciplinary problems
Receive notice of internal
complaints; assist
departments to coordinate
and conduct
investigations; advise and
consult on appropriate
action; and maintain files
Work with HR and
1 Attorney's office in
coordinating investigations,
designating investigator,
preparing report of findings
and taking corrective action
Receive and respond to
grievances up to
1 Department Head level in
consultation with HR
Respond to Employer
level grievances and
arbitration cases as needed
Distribute information to I
all departments on
grievance decisions for
consistency in contract
interpretations
Page 5 of 6
Exhibit 3
Department of Personnel Proposed Human Departments
Services s
,ice
ervices Resources Restructurin
HEALTH AND
SAFET Y DIVISION
N
Administer substance
abuse testing and SAP
1 referral programs
including Countywide
policies and procedures
Plan, develop and
implement Countywide
training
Oversee and assist with
departmental training
programs; coordinate
training for optimal use of
resources, sharing training
opportunities with all
departments
Plan, develop and
implement departmental
specialized training
programs
ADA/EEOC support
Manage workers'
compensation claims in
consultation with
departments and third
party administrators
including implementation
of Return to Work
Program for injured
employees
Page 6 of 6
}PS WEEKLY REPORT
Week Ending February 19, 2012
Significant Events/Meetings
- Met with Private secretary and PIVIS IV to discuss Employee Awards Banquet. Gathering
data and reviewing list, etc.
- Concluded scheduled Heartsaver FA and CPR AED on the 13th and 15th. Attendance was
at 17 and 16 respectively.
- Reviewed Step 11 grievance response for UPW grievance of Equipment Operator.
- Completed HEC Salary Adjustment Survey.
- Met with Deputy County Attorney to discuss OPA employee hostile work environment
complaint sent via email.
- Reviewed budget particulars in preparation for budget review with finance staff.
- Discussion with staff on FF T& E points in response to queries from FF applicants vying
for promotions.
- Attended Hanam5'ulu Community Association Meeting on Feb. 16 th
- Distributed memo to Department/Agencies on updating Department Org. Charts and
Functional Statements.
Risk Management
- N/A
Personnel
- N/A
Heads-up
- UPW informational and educational meeting for 1st Quarter 2012 are scheduled on
various days starting Jan. 17th through March 6th.
- SHOPO requesting release time for its' negotiating committee for Feb. 27t', 28t', and
29th. Our Personnel Services Manager and PMS IV will be attending this negotiations
sessions.
02/21/12
CSC 2012-16
DPS WEEKLY REPORT
Week Ending February 26, 2012
Significant Events/Meetings
- Meeting with Finance Director and staff to discuss '12—'13 budget.
- Meeting with CSC Chair and Personnel Services Manager regarding issues forthcoming
before the CSC.
- Drafted procurement solicitation for outside investigator for OPA complaint(s).
- Meeting with Deputy County Attorney and PSM to discuss on-going personnel issues.
- Referred 116 PSO applicants to KPD for processing.
- Follow-up discussion with DHRD Safety Department on DAT training scheduled for
March 201h and 21st.
- Meeting with Managing Director, Deputy County Attorney, and Risk Manager to discuss
upcoming meeting with UPW Leadership scheduled the 29th.
- Responded to Council's request for information for copy of Findings of Fact and
Conclusions of Law on appeal to CSC from OPA employee.
- Discussion with PIVIS IV regarding utilization of position for OED personnel.
- Discussion with staff on reallocation requests from OPA.
- Discussion with PSM on reorganization proposal from DOW.
Risk Management
- N/A
Personnel
- N/A
Heads-up
- UPW informational and educational meeting for 1't Quarter 2012 are scheduled on
various days starting Jan. 17 th through March 6 1h
- SHOPO requesting release time for its' negotiating committee for Feb. 27th, 28th, and
29th. Our Personnel Services Manager and PIVIS IV will be attending these negotiations
sessions on the 281h and 291h.
- CSC meeting is scheduled for the 281h.
th
- The writer is schedule to report for jury duty on Monday, March 5
DPS WEEKLY REPORT
Week Ending March 4, 2012
Significant Events/meetings
- Meeting with Parks and Recreation Director to discuss UPW issues in preparation for
meeting with UPW leadership. Consolidated talking points for Mayor for discussion for
meeting scheduled for the Feb. 29th.
- Attended CSC meeting on the 28 th
- Meeting with UPW leadership, DOW Manager, County Engineer, and Director of Parks
and Recreation to discuss grievance resolution process.
- Reviewed resumes and quotes for solicitation for internal investigator for misconduct
complaint.
- Meeting with County Deputy Attorney to discuss current labor issues.
- Meeting with Budget and Purchasing Director to discuss recruitment of procurement
personnel.
- Meeting with HR Taskforce and Mayor for progress report.
- Issued notice to all departments/agencies for training for "alcohol and controlled
substance testing program".
- Issued EUTF update to DPOs for distribution.
- PSM and PMS IV attended SHOPO negotiations held on Feb. 28th and 291h.
- Responded to Deputy County Attorney on request for information from UIPA regarding
former OPA employee.
- Responded to Council's request for copy of CIP Manager's PD.
- Distributed info regarding Form 1-9 Employment Eligibility Verification Training to DPOs.
Risk Management
- N/A
Personnel
- N/A
Heads-up
- UPW informational and educational meeting for 1"Quarter 2012 are scheduled on
various days starting Jan. 17 th 1h through March 6
- The writer is schedule to report for jury duty on Monday, March 51h.
CIPS WEEKLY REPORT
Week Ending March 11, 2012
Significant Events/Meetings
- Reviewed handouts/information for upcoming DAT training sessions scheduled for
March 20th and 21st. Sent copies of files to DHRD Safety Officer (trainer)for review.
- Discussed EMCP Executive Order with Personnel Services Manager. Draft sent to
Deputy County Attorney for review.
- Discussion with staff regarding class titles as it pertains to the budget. Class titles are
listed in the budget while "working titles" are not.
- Followed-up with staff and procurement personnel on process to engage outside
investigator. Reviewed revised proposal from vender and submitted same to
procurement department.
- Followed-up on Accounting Division request for reallocations for Accounting Tech.,
Accountant 11, and Pre-Audit Clerk 11.
- Discussion with DHRD Personnel on discipline application for employee who refuses to
test under the UPW DAT.
- Completed and submitted Quarterly Vacancy Report to Council.
- Submitted vacancy listing as of 03/05/12 as requested by Budget and Purchasing
Director.
- Met with HR Task Force and CSC Chair for update on project process.
- Reviewed/revised response to Council regarding HR Task Force update.
- Responded to IT regarding ERS new reporting requirement for electronic transaction
files.
- Drafted budget mission, goals and objectives for upcoming submission.
Risk Management
- N/A
Personnel
- N/A
Heads-up
- UPW informational and educational meeting for 1st Quarter 2012 are scheduled on
various days starting Jan. 17th through March 6th.
- The writer is schedule attend Council of Revenues briefing at UPW on March 13 th
- 03/12/12