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HomeMy WebLinkAbout082510_REGULAR_MINUTES_APPROVEDCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: I Salary Commission Meeting Date: August 25, 2010 Location Mo'ikeha Building — Meeting Room 2 A &B Start of Session: 9:03 a.m. 717ff—nd of Session: 10:42 a.m. Present Acting Chair Charles King, Trinette Kaui, Robert Crowell, William Dahle and Michael Machado. Also present: Guest Virginia Kapali, Deputy County Attorney Marc Guyot, Deputy County Attorney Mona Clark, John Isobe Boards and Commissions Administrator /Executive Assistant, Cyndi Ayonon Administrative Aide and Mercedes Youn Boards and Commission Support Clerk. Excused Absent Commissioner Sheri Kunioka -Volz SUBJECT DISCUSSION ACTION Call To Order Acting Chair King called the meeting to order at 9:03 a.m. Approval of Commissioner Agenda Acting Chair King amended the agenda to take Item SC 2010 -4 before Item SC 2010 -5. Kaui moved to approve the agenda as amended; seconded by Commissioner Dahle and unanimously carried 5:0. Selection of new Commissioner Officer's Acting Chair King noted that it may be premature to select a new Chair before the Salary Commission receives the Dahle moved to official notification of resignation from Chair Hee, and suggested that the Commission defer this item until such a time. defer; seconded by Commissioner Kaui and unanimously carried 5:0. Approval of Commissioner Minutes Regular Meeting Minutes of June 30, 2010 Dahle moved to approve the regular meeting minutes of June 30, 2010; seconded by Salary Commission Regular Session August 25, 2010 Page 2 SUBJECT DISCUSSION ACTION Commissioner Kaui and unanimously carried 5:0. Executive Session Minutes of June 30, 2010. Commissioner Kaui moved to approve the Executive Session minutes of June 30, 2010; seconded by Commissioner Dahle and unanimously Carried 5:0. Business SC 2010 -4 Communication dated 8/12/10, from Malcolm Fernandez, Director of Personnel Services responding to various issues relating to the salaries of the department heads and deputies affected by the furloughs. Deputy County Attorney Marc Guyot introduced himself then stating, that he is here today to answer questions the Commission may have that relates to this item. Acting Chair King noted that one of the Commission's concerns were the inversions of which the county had experienced in the past. Based on the summary of the Comparison of Executive Pay rates for the State and Counties, Commissioner Kaui asked, whether Kaua'i is the only county that excludes the Office of the Prosecuting Attorney salaries, because of how our Charter is written. Deputy County Attorney Guyot explained that the Office of the Prosecuting Attorney for the County of Kaua'i is an elected position, as well as the other counties. The way that the Salary Commission Ordinance is written, which states that the appointing authority sets the salaries, and appointing authority is the electorate by default, and it appears to go to the salaries listed by this Commission. Mr. Guyot further explained that the 9.23% pay reduction that the Mayor requested does affect the Prosecuting Attorney, because it is considered a separate branch of government. Mr. Guyot referred to Section 29.05 of the Kaua'i County Charter- where it states that no change in the salary of Councilmember's shall be effective during the term in which a change is enacted or for twenty -four months after a change is enacted, whichever is less. Mr. Guyot stated that the Charter prevents the County Council from giving Salary Commission Regular Session August 25, 2010 Page 3 SUBJECT DISCUSSION ACTION Continue themselves pay raises. However, in this case it appears to be detrimental in terms of being able to, by mechanism of Business a vote; reduce their salaries. Mr. Guyot further explained that the Mayor, (who is an elected official), also has a mechanism that is built into the Charter and provided for in Section 7.03, of the Charter, which allows for an automatic reduction of his salary. Acting Chair King then asked whether the salaries listed in the summary reflects the 9.23% pay reduction? Deputy County Attorney Guyot stated that the County utilizes payroll certifications to pay the employees. He continued to explain (referring to the summary) that the salaries that are noted with an asterisk, does not reflect the 9.23% pay reduction (as requested by the Mayor). Acting Chair King asked whether the 9.23% pay reduction affects the employee's retirement benefits. Mr. Guyot stated that there may be a small change in the retirement, because it is based on what is actually earned. And because the retirement benefits are based on the employee's highest salary level (calling it the high three (3). Mr. Guyot further explained that given the (1) year furlough for the county, and if one chooses to retire in the next two (2) years; it may or may not affect the employees high three (3). Assuming that the salary was held at the same level as the previous year when no furlough was imposed; theoretically, in the next two (2) years the salary will go back to the same level before furloughs were implemented. Mr. Guyot stated that it was a daunting task for the counties, because furloughs have never been implemented before. And even with the best planning, there are issues that seem to arise going through the mechanics of the process; trying to balance the various collective bargaining agreements, Civil Service agreements, and Executive Orders as well as balancing federal laws on FLSA, and so forth. Referring to the information on the Comparison of Executive Pay Rates for the State and Counties, Commissioner Dahle inquired whether the date 12/1/2009* applies to the 9.23% pay reduction for all Executives, excluding the Prosecuting Attorney and Deputies on Kaua'i. For clarification, the salaries listed on the document do not reflect the 9.23% pay reduction for all Executives. Commissioner Dahle inquired whether the County Council took a pay reduction as well, adding that at the last Commission meeting, the Commission was told that the County Council was in the process of developing a vehicle to implement the 9.23% pay reduction. Deputy County Attorney Guyot stated that it is his understanding, that the County Council did not make a decision on how they're going to address the issue. Salary Commission Regular Session August 25, 2010 Page 4 SUBJECT DISCUSSION ACTION Commissioner Dahle stated that the furloughs may be over at the end of the fiscal year on June 30, 2011. With no further questions, Acting Chair King thanked Deputy County Attorney Marc Guyot and Director of Personnel Services Malcolm Fernandez for their time. SC 2010 -5 Discussion with former Chair Virginia Kapali relating to how the current compensation plan for the Department Heads, Appointees and Elected Officials were structured. Accompanying Ms. Kapali today was Personnel Program Analyst Karen Matsumoto. Ms. Kapali began by addressing the Salary Commission's inquiry on how the current compensation plan was structured. Questions Acting Chair King asked Ms. Kapali what was the main issue that the Salary Commission faced during the structuring phase in forming the salary schedule. Ms. Kapali stated that back then, Commission recognized that it was working in a transitional period, and there was a need to address the historical shortfalls. One of the issues was that the salary schedule which at that time was generally defunct; the salary scheduled was in desperate need of a complete and comprehensive make -over. Other issues faced were the retainment of department heads, filling of vacant positions and salary inversions. In addition, the Salary Commission was tasked to oversee a Performance Evaluation, which was the result of a demand made by the public that all Department Heads, submit to an annual performance evaluation. Ms. Kapali noted that the performance evaluation was left over from the previous Commission, and as part of earlier discussions, the first thing to do was to meet with the Finance Director to see whether it was feasible for the county to be financing the different level of salaries at the current market conditions. Acting Chair King asked Ms.Kapali whether the former Commission had the opportunity to gather information from within the state and elsewhere. Ms. Kapali said that during that period the Commission did take the opportunity to look within the state for possible recruits. Ms. Kapali thanked the Department of Personnel Services staff for their prompt and detailed responses to the Commission's request for information. Ms. Kapali also noted that even though the Commission did want to recruit from out of state, it realized that the cost of living on Kaua'i is quite high and it was a factor that the Commission had not yet considered. Salary Commission Regular Session August 25, 2010 Page 5 SUBJECT DISCUSSION ACTION Ms. Kapali stated that through the market studies done by Dr. Nash; the Commission found that there were other comparable positions in the private industry. Adding to the discussion, Ms. Matsumoto stated that the NASH study only covered the private sector; she noted that the Salary Commission also looked at the other counties within the state. Relevant to the NASH study that included managerial positions, the Commission found that the executive positions were comparable in the level of salary range. Ms. Kapali stated based on the information the Commission received on the marketing trends; and with clear common sense, the Commission completed and adopted a salary schedule. Adding to the discussion, Commissioner Crowell recalled that the Commission welcomed input from the general public and from all personnel affected by the Salary Resolution, because it was such a signification increase in the salary levels, and if he is not mistaken the increase amounted to about 25 %, which was unheard of during that period; however, with no public outcry the updated salary schedule was adopted. Commissioner Kaui stated that another key part of the salary inversions had to do with the Performance Evaluation for the Executive Appointees. The Salary Commission believed that salary increases should be contingent on job performance. The Resolution requires that the appointing authority must certify that the appointee has been evaluated, and has met or exceeded job requirements before a pay increase can occur. Ms. Kapali's recommended to the Salary Commission not regress. And whatever this Commission does going forward, to please sustain the base line salary schedule, so that this Commission does not encounter the same problems of salary inversions in the years to come. She added that it was important to keep the pace of the department head salaries with the excluded management (EM) and the SR rating (rank and file) so it will not fall back. To give some history, Ms. Kapali explained that the rank and file was making more money than the excluded management, and with all of the work that the former Salary Commission had achieved, she suggested to the current Salary Commission, to create a plan to keep this from happening. Questions Commissioner Dahle asked how would one approach the future, given the fact that we really don't know what will be happening in the next four to five years. Ms. Kapali advised to keep the basic salary schedule intact, and then later compliment it with a formula as a percentage. We must take care of the salary schedule for the excluded management positions stays above the rank and file, Secondly; the Salary Commission must refer to the Performance Evaluations, because as it is written in the Salary Resolution that each department head will not receive a salary increase, if their job requirements are not met. Commissioner Dahle stated that if the performance evaluation has been completed for a department head; how does it affect the Salary Commission decision if it does not see the evaluation; other than the Department of Personnel Salary Commission Regular Session August 25, 2010 Page 6 SUBJECT DISCUSSION ACTION Services who notifies the Commission by a letter that the evaluation was satisfactory. Ms. Kapali explained that it is not the responsibility of the Salary Commission to review the performance evaluations. Commissioner Dahle stated that although the Commission talks performance evaluation and then, accepts the yes or the no, and yet it is aware that it is not the Commissions responsibility, "How does one make sense of that "? Ms. Kapali replied that she believes that the Salary Commission sets the criteria and the guidelines, which was not present prior to the Salary Commission she served on and moving forward is a major accomplishment for the County. Commissioner Dahle asked if it would be too much to ask to designate one individual the responsibility to decide whether to allow the increase or not. Ms. Kapali stated that the County has its checks and balances in place, and that certain positions have a respective appointing authority that may set the salary of the appointee at a lower figure than the figure established by the Resolution for that position. For those positions that are directly appointed by the Mayor, she would assume that the Mayor has the ability to do the 360 evaluation, and by the time the evaluation gets to the Department of Personnel Director, it is a compilation. Commissioner Dahle asked Ms. Kapali if she felt that the final figures set by the former Salary Commission are sufficient to attract or find competent people. Ms. Kapali said that it gives the county a good chance for attracting competent individuals. Although, she cannot guarantee it. Asking a hypothetical question, Commissioner Dahle based his question on the proposed Charter amendment that will allow councilmember's to serve two consecutive four year terms. "Asking should the proposed amendment pass and a salary increase would apply to the new council; do you feel that the Salary Commission should change some of the rules to address the issue "? Ms. Kapali said that she would highly recommend that the Salary Commission address the issue and has a mechanism built in, if it is going to be for four years, the Commission needs to at see how it is going to regress and will affect the resolution. Commissioner Machado asked whether the Commission has the ability to set rules and regulations for dealing with the salary inversion. Ms. Matsumoto stated that there is a provision somewhere in the rules that addresses the issue. With no further questions, Acting Chair thanked Ms. Kapali for taking the time to brief the Salary Commission on how the current compensation plan for the Department Heads, Appointees and Elected Officials were structured. Salary Commission Regular Session August 25, 2010 Page 7 SUBJECT DISCUSSION ACTION SC 2010 -3 Discussion and deliberation on establishing the framework and guidelines for future salary increases commencing on 12/1/10. Resolution 2009 -2 — Resolution relating to the salaries of certain officers and employees of the County of Kaua'i. The Commission has requested further clarification and information from Director of Personnel Services for the following meeting. 1. Provide a comparative list that reflects the actual annual salaries for all County officers named on the Salary Resolution 2009 -2, from July 1, 2006 to present. 2. Provide a list by department and position of any existing employee (s) whose annual salary exceeds that of their respective department head or deputy. As a follow up staff will send a written notification to the Director of Personnel Services requesting for the information. Adjournment Commissioner With no further discussion, Acting Chair King called for the motion to adjourn. Machado moved to adjourn the meeting; seconded by Commissioner Kaui and unanimously carried 5:0. Meeting adjourned Salary Commission Regular Session August 25, 2010 Page 8 SUBJECT DISCUSSION ACTION at 10:42 a.m. Submitted by: Mercedes Youn, Staff (x) Approved as is. (Approved on 10/21/2010) ( ) Approved with amendments. See minutes of meeting. Reviewed and Approved by: Charles King, Acting Chair