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Home My WebLink About082510_MEETING_PACKETRandall Hee Chair Charles King I" Vice Chair Trinette Kaui 2,d Vice Chair Members: Robert Crowell William Dahle Sheri Kunioka-Volz Michael Machado NOTICE AND AGENDA OF REGULAR MEETING Wednesday, August 2S, 2010 9:00 a.m. Mo'ikeha Building Meeting Rooms 2 A&B 4444 Rice Street, LThu'e, Kaua'i 96766 SWEARING IN CEREMONY FOR MICHAEL MACHADO SELECTION OF NEW OFFICER'S CALL TO ORDER a APPROVAL OF MINUTES Regular Minutes of June 30, 2010 Executive Minutes of June 30, 2010 BUSINESS SC 2010-5 Discussion with former Chair Virginia Kapall relating to how the current compensation plan for the Department Heads, Appointees and Elected Officials were structured. SC 2010-4 Communication dated 08/12,x10, from Malcolm Fernandez, Director of Personnel Services responding to various issues relating to the salaries Z-- of the department heads and deputies affected by the furloughs. SC 2010-3 Discussion and deliberation on establishing the framework and guidelines for future salary increases commencing on 12101,'10} (Deferred 04/01110) a. Resolution 21009-2 — Resolution Relating to the Salaries of Certain Z!� Officers and Employees of the County of Kaua'i. EXECUTIVE SESSION Pursuant to H.R.S. §92-4 and 92-5 (a) (2) (4), the purpose of this Executive Session is for the Salary= Commission to consult with its Attorney on questions and issues pertaining to the Commissions powers, duties. , privileges, immunities, and liabilities as they may relate to these items, ADJOURNMENT PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24- hours prior to the meeting indicating. 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 are testifying in person or submitting written comments only. 4) If you are unable to summit your testimony at least 24 hours prior to the meeting, please provide 10 copies of y our written testimony at the meeting. 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: Kaua'i Salary Commission Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu'e, Hawaii 96766 Phone: (808) 241-4920 Business Fax: (808) 241-5127 E-mail: mvo u n,6ad- kKa wffl'_. U(A SPECIAL ACCOMODATIONS If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions support clerk at (808) 241-4920 at least five (5) working days prior to the meeting. COUNTY OF KAUAI Q R��q►�F�T To Bye �� j0jvj e� Minutes of Meeting I June 30, 2010 OPEN SESSION Mo'ikeha Building – Meeting Room 2 A&B Board /Committee; --]—Salary Commission Meeting Date: I June 30, 2010 Location Mo'ikeha Building – Meeting Room 2 A&B Start of meeting: 9:04 a, m, End of meeting: 10:15 a.m. Present nd Commissioner's: Charles King, 1S Vice-Chair, Trinette Kaui, 2 Vice-Chair, Robert Crowell, William Dahle, Sheri-Ki nioka-Volz Also present: Gary Neu, Administrative Assistant, Malcolm Fernandez, Director of Personnel Services, Marc Guyot, Deputy County Attorney,Mona Clark, Deputy County Attorney, Cyndi Ayonon, Administrative Aide, Mercedes Youn, Staff Excused Chair Randall Nee Absent SUBJECT DISCUSSION Call To Order Acting Chair Charles King called the meeting to order at 9:04 a.m. Approval of Commissioner Kaui moved Agenda to approve the agenda; seconded by Commissioner Volz and unanimous garried 5:0. Approval of Commissioner Kaui moved Minutes Regular meeting minutes of April 1, 2010. to approve the minutes; seconded by Commissioner Crowell and -- unanimously carved 5:0, Business SC 2010-1 Communication dated 04/07/10, from the Salary Commission to Mayor Bernard P. Carvalho Jr., and Malcolm Fernandez, Director of Personnel Services requesting clarification from the Administration rely #ing to the furlough reductions for Department Neads. * Communication dated 06/18/10 from Gary Neu Administrative Assistant responding to a request for clarification on the furlough reductions for the Department Heads, Administrative Assistant Gary Neu based his presentation on his written response dated 06/18/10, to the Salary Commission requesting clarification on the furlough reductions for the County Department Heads. Mr. Neu was accompanied by Finance Director Wallace Rezentes, Director of Personnel Services Malcolm Fernandez and Deputy County Attorney Marc Guyot. The response provided clarification on the Mayor's intentions to effectuate a 9.23% reduction in the current – ----------- --- ..... . - --------------- Open Session June 30, 2010 SUBJE Cont'd fro Business DISCUSSION salary levels for the department heads for which heksthe appointing authority, and requests that those department heads effectuate the same reduction for any deputies for which they are the appointing authority, Also provided was an outline of the County's furlough plan, the master schedule and a list of frequently asked questions for both HGEA and UPVVemployees, To implement the proposed reductions in compensation for the appointed officials listed in Resolution 2009-2, an amendment to Resolution 2009-2 would be required, To be consistent with the other counties, the Mayor has requested the Fire Commission and Police Commission freeze the salaries of the Fire and Police Chief at its current levels as they are exempt from the 9,23% reduction. Salary adjustments for deputies reporting to the Commission appointed department heads will be ot the discretion nf the appointing department head. Also included in the request is the Board of Water, Mr. Heu stating that the furlough development process has been a moving target and the County ie set tobegin its first furlough day on July 2.201O.He then stated that the furlough process still has some outstanding issues concerning certain County UPVV Workers and right now the County is still in negotiations with the union. Mr. Heu also reminded the members that the Salary Commission is responsible for managing the salaries for the appointees. Chair King thanked Mr. Heu for his comprehensive response, Commissioner Dahle asked what role does the Union play in and do they have to approve everything before it goes into effect. W1c Heu referred the question to Deputy County Attorney Marc Guyot Referring to the communication dated April 7.201O.from the Salary Commission regarding the furlough reductions for department heads and the response dated June 18.2O1U. from Administrative Assistant Gary Heu. Deputy County Attorney Guyot stated that the Unions have approved the furloughs and has given the Counties and the State a range from zero to twenty-four days per year that the Counties were allowed ho furlough both the UPVV and HGEAemployees. Each of the collective bargaining agreements for the two unions had some minor nuances, which need consideration. Mr. Guyot stated that the negotiations are ongoing for what's been deemed the salary waiver or an alternative compensation plan, which means to reduce the salaries and provide some type of compensation for these positions. Commissioner Crowell stated that he read somewhere that the Planning Commission took some action on their department heads pay reduction, and then asked if the Civil Service Commission and the Liquor Commission also took action. SC 2010-2 Communication dated 04/22/10, from the Salary Commission to Ga[y Heu, Administrative Assistant and Malcolm Fernandez, Director of Personnel Services requesting status of the NASH EAP Salary Survey dated 02/23/07. �� Open Session June 30, 2010 Cont'd from Business Im DISCUSSION Mc Feu stated that Dr. Nash has completed his work and the results of the study have been with the Administration for the last couple years. itis his belief that all the information that was relevant tothis Commission |n terms of deliberations and the development ofa salary plan for the appointees and any b/peof information that was pa�of the study vvos previously provided to the Salary Commission. in addition iti' his understanding that Dr. Nash actually came before the Commission and has spent two (2) sessions with the Commission reviewing parts of the study that were relevant to the work of the Salary Commission. Mr, Heu indicated that the Administration has not formally adopted the Nash Study because they have concerns that they don't feel comfortable with releasing the information in the study because a significant amount of the findings were based on interviews with some employees from the (Excluded Managerial class) hovvever�itmay have not been complete because the information may be skewed. Mr. Heu also indicated that the Mayor is questioning the recommendations. Mr, Heu noted that there may be former, members who are familiar with the process who might be asked to come back to refresh the Commissions memory. Commissioner Dahk* questioned if it was a possibility that should the economy improves before the projected furlough ends in June 2011, "Do we still need the approval of the unions to take action"? McHeu stated that as we came to the budget process and with its approval by the County Council, the Council had expressed some concerns leading uphu the 2 day furlough. The Mayor determined that vve would move forward with the recommendation of the 2 day furlough that was included and approved in the budget, However, the Mayor did say that we would continue to monitor the situation for both our fiscal situation as well am the impact of the furloughs. Mr. Heu stated that it is his belief that the Mayor will continue to monitor the situation on a quarterly basis and if the conditions warrant make the adjustments as necessary. Chair King stated that bdoesn't sound like the County has set financial benchmarks to indicate any improvements in revenue because ofo possible increase in the property taxes. Mr. Hsm stated that there is no way ho identify targets, but what vve are looking for imtrends. Commissioner Dah|e questioned the life ofthe furlough. Mr. Fernandez indicated that the contract was approved for 2 years, and right now we are currently in its second year, noting that the County did not participate in the 1st year of the furloughs. Commissioner Dahle questioned if the pay freeze or a cut in pay has to stay imposed during the period of the Resolution. Mr. Heu indicated that the life of the Resolution and there is no subsequent Resolution that he is aware ol that would indicated the pay freeze and Vr pay cut ofthe appointed officials, Cornrn1asionmrDah|e a lit rVIE 11 MA PUM I NOU&M Lela June 30, 2010 Page 4 SIG ffdf ACTION co�nit di from --of I salaries after the pay stated that he is concerned with the changes and what happens to the appointed page 3 - freeze; does the salary amount goes back to its original amount? Business For the sake of discussion Mr. Heu stated that let's say that the economy got better and the Mayor says that we are going to pull back a furlough day, at that point and time relevant to what the concern is that the Salary Commission make the necessary adjustments to reflect an increase in the salary for the appointees commencing with the removal of (1) furlough day per our bargaining unit. Acting Chair King stated that the way he reads Resolution 2009-2, it looks like the appointees are due for a salary increase commencing on 12/01/2010. Deputy County Attorney Marc Guyot stated that the salary changes that were approved for 12/0112010, with the exception of the Mayor, Council Chair, Councilmember's, Prosecuting Attorney and the County Clerk and County Auditor the rest of the positions salaries would remain the same. Therefore the current amounts that are in place could still continue on and still follow along with the Commission's recommendations and as Mr. Heu indicated earlier this is a dynamic and fluent situation and as things do change this is something that the Commission should look at for consideration, In order to keep everything as uniform as possible between all the branches of the government and the different levels of employees. Commissioner Crowell questioned if the Mayor is asking for a reduction for the present salaries, then come December 2010, is the Mayor then looking at reducing the increased salary level, or continuing with the present frozen salary level. Mr. Heu stated that the intent is to keep salary level at today's frozen rate and that the budget that was submitted would reflect that. Commissioner Kaui moved to receive all of the items SC 2010-3 Discussion and deliberation on establishing the framework and guidelines for future sala listed under business; increases commencing on 12/01 /10. (Deferred on 04/01 /10) seconded by Commissioner Dahle and ------ unanimously carried 5:0. Executive -- ---- Session At 9:43 a.m. Acting Chair King cites the Hawai'i Revised Statues bringing the meeting into Executive Session. Pursuant to the Hawai'i Revised Statues §92-4 and 92-5,(a) (2) (4), the purpose of this Executive Session is for the Commission to consult with its Attorney on questions and issues pertaining to the Commissions powers, duties, privileges, immunities and liabilities as they may relate to these items: ES-1 Communication dated 04/07/10, from the Sala[y Commission to Mr. Alfred Castillo Jr., Coun!y Attorney, requesting clarification on.the authoritV and methodology for implementing furlough reductions for elected officials, --- — ------ IN 111 LVA 9M 10 a zi &I-1 L01 a June 30, 201 Page 5 T -------- DISCUSSION _.-ACTION Cont'd from page 4 - ES-1 a. Communication dated 05/10/10, from the Office of the County Attorney responding to a request for Commissioner Kaui moved Executive clarification on the affect of furlough reductions for elected officials of the County of Kaua'i. to enter into Executive Session Session-, seconded by Commissioner Dahle and unanimously carried 5:0. Meeting entered into Executive Session at 9:44 -Return —to _0_ pe-n Commissioner Kaui moved Session to to return back into open Ratify the session at 10:00 a.m., actions taken in seconded by Commissioner Executive Dahle and unanimously Session for carried 5:0. items ES-1 & ES-1 a. Commissioner Kaui moved to receive the actions taken in Executive Session for item ES-1 & ES-1a.; seconded by Commissioner Dahle and unanimously - ------ carried 5:0. Next Meeting Acting Chair King suggested that the members read through the materials that were provided by staff. The Commissions next meeting has been scheduled for Wednesday, August 25, 2010, in the Mo'ikeha Building Meeting Room 2 A&B. Meeting to start at 9:00 a.m. Suggested topics of discussion are as follows: • Commissioner Kaui suggested that the Commission have further discussion on Resolution 2009-2, on whether or not the Commission needs make to amendments to Resolution 20Q9-02. • Commissioner Dahle suggested having ongoing discussions regarding the issue of the Council's possible salary reduction. • Cyndi Ayonon, suggested to the Commission that they should review the past criteria of the three 3 different levels of the salaries; and how the Commission determined it, 1 11111 LVA 0,1712 001:11,11-1 Mffla June 30, 2010 Page 6 DISCUSSION ------ ACTION • Provide the current salary amounts for the department heads that are taking a furlough. • Provide an updated chart of all the County of Kaua'i department heads, deputies salaries with the furlough amount reflected. - - --------- --- — ------- Adjournment Commissioner Dahle With no other business to discuss Acting Chair King called for the motion to adjourn. moved to adjourn at 10-15 am, I seconded by Commissioner Crowell and unanimously carried 5:0, W# -# # Mercedes Youn, Staff Approved as is. Approved with amendments. See minutes of meeting. Reviewed and Approved by: Charles King, Acting Chair BERNARD P. CARVA1,110, JR. MAYOR M,xi,cot.m C. FFRNANDEZ DIREVTOR OF PERSONNEL SERVICES COUNTY OF KAUA'1 DEPARTMENT OF PERSONNEL SERVICES MOAKE14A BU 'ILDING 4444 Rice Street, Suite 140 LIHU'E, KAUA'I, ITAWAI'l 96766 Telephone (808) 241-6595 * Fax (808) 241-6593 August 12, 2010 To: Cyndi Ayonon, Boards and Commissions Office From: Malcolm C. Fernandez, Director of Personnel Services Subject: REQUEST FOR INFORMATION FOR SALARY COMMISSION MEETING — AUGUST 25, 2010 In response to your email dated July 22, 2010 • the above-captioned subject, we provide the following: Chart representing salaries for department heads and deputies. The salaries did not change, it remains the same. The department and deputy department heads will receive a salary reduction not to exceed 9.23% per month. 2. Attached is an updated chart of salaries for the other Counties and State. 3. This question, "provide information on the Performance Evaluations that were completed in order for the salaries increases that took effect 12/9/10." This does not make any sense. However, enclosed is a list • names and positions of all officers and employees covered under Resolution No. 2009-2 for the period 0• to 6/30/10 that was previously sent to the Salary Commission on 10/30/W FM For the increase effective 12/1/10, solicitation • evaluation was sent via email 0 2,11 departments on 7/27/10 and evaluations need to be submitted to Personnell • 10/25/10. Upon completion, the list will be forwarded to the Commission. I AN EQUAL OPPORTUNITY EMPLOYER DEPT. HEADS 108,972 2nd - HEALTH, TRANS, OAGS, COMMERCE, TAX, BUDGET 103,512 3rd - HUMAN SVCS. LABOR, DLNR,DSEDT, SHIRO, DHHL, AGRI, PUBLIC SAFETY DEPUTIES 94,800-100,248 2nd 90,060 - 95,232 3N! C&C HONOLULU STATE EFFECTIVE DATES EXCEPT AS NCJTEO, 711/09 POSITIONS 5% reduction - for all GOVERNOR 117,312 LT. GOVERNOR 114,420 MAYOR 12t1109* M.D./ ADMIN. ASS'T.1 DIR. 114,420 DEPUTY M.D. others deferred to 1211110 ATTY GEN/PROS ATTY 114,420 1ST DEPUTY AG/P.A. 99,540 -105,264 DEPUTIES 103,944 AG, Pros Atty & Corp Counsel 110,197 DEPT. HEADS 108,972 2nd - HEALTH, TRANS, OAGS, COMMERCE, TAX, BUDGET 103,512 3rd - HUMAN SVCS. LABOR, DLNR,DSEDT, SHIRO, DHHL, AGRI, PUBLIC SAFETY DEPUTIES 94,800-100,248 2nd 90,060 - 95,232 3N! C&C HONOLULU HAWAII MAUI KAUAI 71" it 0 rates on anniversary dates of executives 1/1/08 12/1/08 7111091 Salary Commission suspended step TIER 12t1109* $9,796 PARKS, RESEARCH & DEV, movements indefinitely eff 12/10109, COUNTY CLERK others deferred to 1211110 136,428 109,152 114.030 114,490 126,732 103,944 109.900 110,197 120,120 99,000 53.220 56,544 Admire Ass't 129,312 113,580 110,486 114,848' 119,376 108,180 104,900 105,660- 43,248 - 120,072 (PA) 60660 - 99,240 53,352 - 104,772'* up to 101,066* (PA) 55,000 - 118,344* (CC) 1*10/1/08 up to 94,454 (cc) PUBLIC SAFETY 140,004- 121,644- 113,100 POLICE 114,848- WATER 'WATER (01,101/09) 105,000 FIRE COUNTY CLERK 110,486 PROS ATTY COUNTY AUDITOR 136,236 TIERS 97,000 LIQUOR POLICE, FIRE 114,768 POLICE, FIRE INFRASTRUCTURE 107,335 116,088 PUBLIC WORKS, ENVIRON 99,000 MGMT, HOUSING, 108,100 PLSUC WKS MGT COUNTY ATTORNEY, PLANNING, BAND CORP COUNSEL, FINANCE, 105,500 WATER FINANCE, PUBLIC WKS, PIPE, PARKS, PLANNING, HUMAN RESOURCES 99,800 PARKS POLCE,WATER 153,847 TIER 4 101,500 PLANNING M.FDICAL EXAMINER 100,032 LIQUOR 93,400 TRANS 103,041 99,200 HSING & HC PERSONNEL, ECONOMIC DEV 118,344 94,284 DATA SYSTEMS, ADMINISTRATION LIQUOR, HOUSING ALL OTHERS RESEARCH & DEV, PARKS, 101,800 FINANCE COUNTY CLERK, 110,486 CORP COUNSEL LEGISLATIVE AUDITOR 99,000 PERSONNEL 126,516- 113,556' PUBLIC SAFETY 105,660- WATER WATER (01101109) 107,200 POLICE DEPUTY COUNTY CLERK TIER 3 99,400 FIRE 129,936 109,296 POLICE 104,900 PROS A rTY 98,748 POLICE, FIRE 100,032 FIRE 90,000 LIQUOR PLANN!NC F'NANCE, PUBLIC WKS, POLICE, WATER, PARKS, FIRE IST SPP COUNTY ATT, Y 112,308 ALL OTHERS SPEAKERIPRES 53,398 MEMBERS HSEISEN 46,273 CHAIRPERSON 58.596 COUNCIL MEMBERS 52.446 * Salary set by Water Board. * 9.231 ay reduct;on fbr all Execubves, excluding Pros Afty & deputies is 1 94,284 PUBLIC WORKS, FINANCE LNFRA-STRUCTURE ENVIRONMENTAL MGT, lulul WKS, 102,400 'NVIRON ABET CORP COUNSEL, !RGT PLANNING . HUMAN 98,600 -ER RESOURCES 94,500 PARKS TIER 96,100 PLANNING $9,796 PARKS, RESEARCH & DEV, 88,400 TRANS COUNTY CLERK 93,900 HsiNG & HC ALO-MINiSTRATION 96,400 FINANCE 104,900 CORP COUNSEL 94,000 PERSONNEL 7,1 c? - MIN' 53.220 56,544 71.500 63,879, 47,928 50.928 66.500 56,781 FURLOUGH PLAN ADJUSTMENTS FOR CERTAIN OFFICERS AND EMPLOYEES ACT 85 (09) Relating tOSalaries: Reduces the salaries of the governor, lieutenant governor, justices and judges of all state courts, administrative director of the state, departmental directors and deputy directors, and members of the !egis{ature. Ties in vacation and sick leave to that of collective bargaining for unit (13). Effective upon approval. (1-1131536 CD1) EXECUTIVE ORDER 09-06 Order for cancellation of furlough 11/1/OQ-6/3O/1O;order for furlough of one day per month 7/1/1O-6/3O/11. (Note: Salary Commission dissolved after setting salary recommendations that goUothe Legislature. New Commission is appointed every six years.) Iffgc±: Judges —596 pay cut; not subject tofurlough. Cabinet — 5% pay cut; 2fur|ough days/month 8/I/09— 10/31/09 /6 days); 1 furlough day/month 7/1/10 -6/30/11. Pay tnberestored 7/1/12in accordance with Salary Commission recommendations /7/1/O9- CITY & COUNTY OF HONOLULU Authorit : No formal documentation issued. /Note: Salary Commission provided no increases this year for Executives; except for the Medical Examiner, which increased 30% due to recruitment difficulties.) Effect: In FY10, cabinet members who voluntarily reduced their pay by 5% signed a memo; others (e.g. Prosecuting Attorney and his deputies and Legislative branch) did not request to voluntarily reduce their pay. For FY11, voluntary 5% pay cut continued; Council members and Chair — 5% pay cut. (Base pay matches Salary Commission's resolution; furlough adjustment handled as negative pay, similar to leave without pay situations.) No furlough days for executive appointees and EMs. Authorit : EXECUTIVE ORDER 2010-01 Order for all employees excluded from collective bargaining, exempt from civil service, appointed and elected and excluded managerial, with exception to employees whose work is related to bargaining units 11 & 12 (Police & Fire), to be subject to furloughs. Effect: FY11 — One day per month furlough as reflected in approved budget. Furlough Adjustments I Authorit : EXECUTIVE ORDER NO. 154 Order for all employees excluded from collective bargaining, exempt from civil service, appointed and elected and excluded managerial, with exception to employees whose work is related to bargaining units 11 & 12 (Police & Fire), to be subject to furloughs. Effect: 24 days furlough or 5% salary reduction during the period 7/1/10 to 6/30/11 in compliance with furlough plan. Police & Fire Chiefs and their deputies are exempt from furlough. KAUA'l Authority: No formal documentation issued. M Effect: FY11 — 9.231 pay reduction + 2 administrative leave days per month; excluding Office of the Prosecuting Attorney and Legislative branch. Police & Fire Chiefs and their deputies are exempt. W �$! October 30, 2009 TO: Bernard P. Carvalho, Jr., Mayor Virginia Kapali. Chairperson and Members of the Salary Commission FROM: Malcolm C. Fernandez, Director of Personnel Services SUBJECT: Performance Evaluation for Executive Appointees In accordance with the Administrative Policies and Procedures on Performance Evaluation for Executive Appointees issued on May 8. 2007, the Director of Personnel Services reports that the respective appointing authorities of the following incumbents in non-elected positions specified in Sec. _- 2.1(c) of the Kauai County Code 1987 submitted performance evaluations as required on Form KPC- 10. Position Planning Director Deputy Planning Director Director of Personnel Services Deputy Fire Chief Director of Liquor Control Deputy Police Chief Deputy Prosecuting Attorney Deputy Prosecuting Attorney Deputy Prosecuting Attorney Deputy Prosecuting Attorney Incumbent Ian Costa Imaikalani Ain Malcolm C. Fernandez John Blalock Eric K. Houma Mark N. Begley Lauren McDowell Christopher Donahue R. Herman Heirrigartner Tracy Murakarm