HomeMy WebLinkAbout072611_MEETING PACKET Members:
Chair Robert Crowell
William Dahle
Trinette Maui
Charles King Sheri Kunioka-Volt
Vice Chair Michael Machado
Randy Finlay
COUNTY OF KAUAI SALARY COMMISSION
NOTICE OF MEETING AND AGENDA
Tuesday, July 26, 2011
9:00 a.m. or shortly thereafter
Mo'ikeha Building, Liquor Conference Room 3
4444 Rice Street, Llhu'e, HI 96766
OATH OF OFFICE FOR RANDY FINLAY
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of November 3, 2010
ELECTION OF OFFICERS FOR 2011
COMMUNICATIONS
SC 2011-01 Communication dated 1 1/011/10 from Malcolm Fernandez, Director of Personnel
Services.to Acting Chair Charles King and Members of the Salary Commission,
listing those executive Appointees from whom performance evaluations were
completed
SC 2011-02 Communication dated 11/03/10 from Acting Chair Charles King, to Council
Chair Kaipo "Bill" Asing and Members of the County Council regarding
Resolution No. 2010-1 that was adopted by the Salary Commission at its meeting
on 11/01110
SC 2011-03 Communication dated 04/231/11 from JoAnn A. Yukimura, Council Vice-Chair to
Council Chair Jay Furfaro and Members of the County Council regarding the
"2007-2008 Kaua'i County Salary Commission Report"as it relates to
performance based executive pay and Bill No. 2395
An Equal Opportunity EmplQyer
BUSINESS
SC 2011-04 Communication dated 061117/11 from Sherman Shiraishi, Chair of the Charter
Review Commission to Vice Chair Charlie King and Members of the Salary
Commission requesting comments relating to various proposed Charter
amendments to Article XXIX, Salary Commission-, Article XXIII General
Provisions: and Article VII Mayor.
SC 2010-08 Discussion and decision-making on establishing the framework and guidelines
ZI
for future salary increases. (Deferred 04/01/10)
a) Bill No. 2395, Draft 1, A Bill for an Ordinance to Amend Chapter 3, of the
Kaua'i County Code 1987, as Amended, Relating to the Salaries of County
Officers and Employees
b) Opinion dated 03111/11 from Deputy County Attorney Mona Clark to Jay
Furfaro, Council Chair regarding the authority of the County Council and the
Salary Commission to establish procedures for performance evaluations as a
condition of an appointee's raise. (Opinion was released to the public by
unanimous vote at the April 20, 2011 Council meeting.)
c) Communication dated 07/15/11 from Mayor Bernard P. Carvalho, Jr., to Chair
Charlie King and Members of the Salary Commission requesting that the
Commission take measures to defer the Mayor's July 1, 2011 salary increase
until such time as economic and budgetary conditions improve.
ANNOUNCEMENTS
EXECUTIVE SESSION
Pursuant to Hawai'i Revised Statutes, ("H.R.S.") §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).
Discussions held in Executive Session are closed to the public.
ADJOURNMENT
cc: Deputy County Attorney Mona Clark
Salary Commission—July 26,2011
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 your 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.
cc: Deputy County Attorney Mona Clark
Send written testimony to:
Salary Commission
Attn. Mercedes Youn
Office of Boards and Commissions
4444 Rice Street, Suite 150
L-1hu'e, HI 96766
E-mail: L11v_ouqyd,*aqaj.gq,,'
Phone: (808) 241-4920 Business Fax: (808) 241-5127
SPECIAL ASSISTANCE
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.
Salary Commission—July 26. 2011
��AIR 10 Bre ��roued 011 jJ1COUNTY OF KAUAI .84
Minutes of Meeting
OPEN SESSION
Board/Committee; SALARY COMMISSION Meeting Date: I November 3, 2010
Location i lo'ikeha Building--Meeting Room 2 A&B Start of Session: 8:09 a.m. --]--F7-nd of Session:8:29 a.m.
Present Acting Chair Charles King, 2"' Vice-Chair'Frinette Kaui (arrived at 8:12 a.m.) Robert Crowell, William Dahle, Sheri, Kunioka-Volt
and,Michael Machado.
Also First County Attorney Amy Esaki; Boards and Commissions Staff: Administrator John Isobe; Administrative Aide Cyndi
Ayonon; and Support Clerk Mercedes Youn.
Excused
Absent
SUBJF"C'17 DISCUSSION
Call To
Order Acting Chair Charles King
called the meeting to order
at 8:09 a.in.
Approval Acting Chair King called for the motion to approve the agenda. Commissioner Machado
of Agenda moved to approve the
agenda; seconded by
Commissioner Crowell.
------ carried 5:0.
Approval Open Session Meeting Minutes of October 21, 2010. Commissioner, - - -Kahle, - —
of minutes moved to approve the
Referring to page (4) of the minutes, Commissioner Dahle requested that the minutes be amended to minutes of the October 2 1,
reflect that it spas based on the Commissions discussion rather than decision that the effective dates of 2010 as amended;
the proposed Administrative pay increase change from December 01, 2010 to July 01, 2011. seconded by
('.,'.ommissioner Kunioka-
Volz. Motion, Motion
carried 6:0.
Salary Commission.
Open Session
November 3, `?010 Page 2
SUBJECT CT DISCUSSION ACTION
Executive Session minutes for October 21, 2010. Commissioner Kahle
moved to approve the
Executive Session minutes
of October 21, 201.0 as
circulated; seconded.by
Commissioner Kaui.
Motion carried 6:0.
---------
Business SC 2010-8 Deliberation and decision making on a proposed Resolution 2010-1 relating to the Salaries
of Certain Officers and lamployees of the County of Kauai.
Discussion
Acting Chair King stated that the proposed Resolution 2010-1 provides for implementation of the
Administrative salary increases on July 01, 2011. this provision was inserted that allows the Mayor, with
the approval of the County Council to supersede the proposed raises by limiting the funding via the
County's annual operating budget.
Commissioner Dable noted that the date of adoption in proposed Resolution 2010-1 is incorrect, it
should reflect today's date which is November 3, 2010, and not November 4, 2010.
Commissioner Machado had some concerns on the language in the Resolution that would allow the
Administration to go below the wages listed in the Resolution; he questioned whether placing a cap or a
fixed amount would be necessary or whether the Commission is allowing blanket ability that would give
the Administration the authority to lower the salaries.
First County Deputy Attorney Amy kaki referred to Article 3 (d) of the Resolution where it states that
the salaries of the Council Chair, Councilmembers, and employees shall not exceed the maximum salary
provided for in this Article at the time of employment. However, the respective appointing authority
may set the salary of tiny new or existing non-elected appointee at a figure lower than the figure
established for that position.
Salary Commission
Open Session
November 3, 2010 Page 3
SUBJECT------,, DISCUSSION —------ AC PION
Acting Chair King stated that he feels that the Salary Commission is the authority to set the maximum —----------
salary rather than the Administration. Commissioner Dahle agreed and commented that it also has been
his understanding that it is the responsibility of the Salary Commission to set the maximum salary.
Commissioner Machado agreed with the proposed language; however, his concerns lie with the Council
that they may not agree with the language, which may cause for further discussions.
Referring to Section (2) of the proposed Resolution, Commissioner Kaui posed her question to Mr.
Isobe on whether the Mayor would need the approval of the Council to reduce the salaries of a non-
elected officials or employees to an amount lower than the figures established in the proposed
Resolution.
Executive Assistant John Isobe said yes and he explained that the process for this Resolution is similar
to the County's process relating to the farloughs. Unfortunately, the findings indicated that after the
Salary Commission approved the salaries that are currently in place the Administration as well as the
County Council felt that there were insufficient funds, and as a result,the County Employees were
placed on furloughs,
MrAsobc went further and explained how the Administration reviewed each individual account line by
line thus resulting in the reduction of salaries for all departments by 9.23%. It was at that time the
Administration determined that the appointing authority of each perspective department head would
follow in the process. In the meantime plans were being implemented to start the furloughs as well as
having the cabinet members take a salary reduction.
Mr. Isobe gave his reasons on why he included the following language in the proposed Resolution 2010-
1: 1) the County is not out of the woods yet; 2) should the Salary Commission decide to move forward
with a proposed salary increase, the thought was to at least give the County some kind of flexibility; 3)
the County does not know whether or not the State Legislature would be funding the TAT to the level
the County is anticipating; 4) the County does not know how the real property tax revenue collections
would aft'ect the County; and 5)the County is entering into collective bargaining negotiations with the
Salary Commission
Open Session
November 3, 2010 Page
SUB 1b C"I DISCUSSION ACTION
unions (outcome unknown).
For these reasons Mr. Isobe felt that the salaries should not be locked in, and although he understands
that the raises have been deferred for a long period of time, it is important that the county has the
flexibility to adjust the salaries should the need arise. That is why Section(2) was included in Proposed
Resolution 2010-1.
With no further business to discuss, Acting Chair Ding called for the motion to approve the proposed Commissioner Dahle
Resolution 2010-1. made a motion to approve
the proposed Resolution
2010-01 as circulated,
seconded by
Commissioner Crowell.
Motion carried 6:0.
SQff 11411 transmit
Resolution 2010-1 to the
Honorable('hair Kcaipo
rising and tMernlaers of the
County(:ouncil fear
*A co a of Resolution 2010-1 is on file at the Office of Boards and Commissions. consideration.
Adjournm With no further business, Chair Ding called for the motion to adjourn, Commissioner Kunioka-
ent Volz moved to adjourn the
meeting at 8:29 a.m.;
seconded by Commissioner
Crowell, Motion carried
6:9.
Salary Commission
Open Session
November 3, 2010 Page 5
Submitted by Reviewed and Approved
Mercedes Youn, Support Clerk Charles King, Vice-Chair
Approved as is.
Approved with amendments. See minutes of meeting.
OP
BFRNARD P.CARVA1,110,JR. MALCOLA4 C. FFRN,kNDFZ
MAYOR 0 DIRECTOR OF PERSONNEL SFRVICES
COUNTY OF KAUAI
DEPARTMENT OF PERSONNEL SERVICES
N101KEHA BUILDING
4444 Rice Street,Suite 140
LIHU'E,KAUA'l,HAWAII 96766
Telephone(808)241-6595*Fax(808)241-6593 WN 15 2W 1:��
November 1, 2010
BOARDS &
TO: Bernard P. Carvalho, Jr., Mayor
%Charles King, Acting Chairperson and Members of the
Salary Commission �
FROM: Malcolm C. Fernandez, Director of Personne ervtces
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. 3-2.1(c) of the Kauai County Code 1987
submitted performance evaluations as required on Form KPC-10.
Position Incumbent
Deputy Prosecuting Attorney Geoffrey Lee
Deputy Prosecuting Attorney Becky Vogt
Deputy Prosecuting Attorney Tracy Murakami
Deputy County Attorney Mona Clark
Deputy County Attorney Michael Dahilig
First Deputy County Attorney Amy Esaki
Deputy County Attorney Marc Guyot
Deputy County Attorney Ian Jung
Deputy County Attorney Justin Kollar
Deputy County Attorney Andrea Suzuki
Deputy County Attorney Mauna Kea Trask
Deputy County Attorney Jennifer Winn
Fire Chief Robert Westerman
Deputy Fire Chief John Blalock
Director of Liquor Control Eric K. Honma
Manager and Chief Engineer David R. Craddick
Deputy Police Chief Mark Begley
Deputy Prosecuting Attorney Lucas Burns
Deputy Prosecuting Attorney R. Hermann Heimgartner
SC 2011-01
AN EQUAL OPPORTUNITY EMPLOYER
Bernard P. Carvalho, Jr., Mayor
Charles King, Acting Chairperson and Members of the
Salary Commission
Page 2
November 1, 2010
Position Incumbent
County Auditor Ernesto G. Pasion
County Clerk Peter A. Nakamura
Police Chief Darryl Perry
MEMBERS:
Chair
Robert Crowell
n.
William Kahle
Charles King Sheri Kunioka-Volz
I"Vice Chair Michael Machado
Trinette Kaui
nd
Vice Chair
KAUXI SALARY COMMISSION
COUNTY OF KAUAI
4444 Rice Street, Suite 150
L-ihu*e, Hawaii 96766
TO: The Honorable Kalpo "Bill"Asing,Chairman County Council
And Members of t e Council
FROM: Charles aVice-Chair and Members of the Kaua'i Salary Conitnission
DATE: November 03,2010
RE: Resolution No. 2010-1, Relating to the Salaries of Certain Officers and Employees
of the County of Kauai-Adopted.by the Salary Commission on November 3,2010
Transmitted herewith for consideration by the County Council is Resolution No. 2010-1 that was
adopted by the Salary Commission at its meeting on November 3, 2010.
Pursuant to Section 29.03 of the Kauai County Charter, the Salary Commission's findings shaft be
adopted by resolution and shall take effect without the Mayor's and Council's concurrence (60) days
after its adoption unless rejected by a vote of not less than five (5) members of the Council. The
Council may�reject either the entire resolution or any portion of it.
If you have any questions,please contact mm��-)un&Aauai. ov at the Office of Boards and
Commissions. Thank vou.
Attachment
cc: Peter Nakamura,County Clerk
Mayor Bcrrafd R CArvallho Jr.
%faicolm Fernandez,Peronnel Director
ALtred Cast lo,C(itinry=xtrornev
Gary(Tea,Adcairustrative A si-taw
Wally jtczulrc,,Jr.,Finance Diiector
SC 2011-02
SALARY COMMISSION
COUNTY OF KAUAI
A- r
,RtS.,10tultion No. 2010-1
RESOLUTION RELATING TO THE SALARIES OF CERTAIN OFFICERS AND
EMPLOYEES OF THE COUNTY OF KAUAI
WHEREAS, the Salary Commission feels that based on the recent implementation of
County employee furloughs it is prudent to delay any future salary increases for the Mayor and
any Mayoral and Board or Commission appointed administrative department heads and deputies
until July 1, 22011, and
WHEREAS, the Commission further recognizes that the current the economic climate
coupled with the uncertainty of revenues that can be anticipated from the State Transient
Accommodations Tax and Real Property Tax require a high degree of administrative flexibility
to effectively manage the County's operational cost; and
WHEREAS, although the Commission members feel that the proposed salary increases
are reasonable and justified, they also find it necessary to proceed cautiously by providing the
County with the ability through the annual operating budget to limit the funding and thereby
reduce the salary for any non-elected officer or employee to an amount lower than the figure
established for the position in this resolution. and
WHEREAS, pursuant to Section 29.03 of the Kaua*i County Charter. the Salary
Commission's findings shall be adopted by resolution of the Commission and the resolution shall
take effect without the Mayor's and Council's concurrence sixty (60) days after its adoption
unless rejected by a vote of not less than five (5) members of the council: now, therefore,
BE IT RESOLVED BY THE SALARY COMMISSION, OF THE COUNTY OF
KAUA`L STATE OF HAVE AP that the provisions related to the -Salaries of Certain Officers**
of the County of Kaua'i, be established as follows:
SECTION 1. Pursuant to Section 29.03 of the Charter of the County of Kaua*i. the
Salary Commission hereby resolves to propose the changes described in this resolution to the
Zn
Kauai County Council as follows:
Article I Salaries of Certain Administrative Officers and Employees.
(a) Purpose. The purpose of this Article is to establish the salaries of certain [c"ourny]
administrative officers and employees in accordance with the principles of adequate
compensation for work perfort-ned, and preservation of a sensible relationship with the salaries of
other county employees.
(b) Effective as of the dates stated below and subject to the performance review
requirements of subsection (d), the annual salaries, payable semi-monthly, of certain [comet]
administrative officers and employees shall be as follows,
Position Effective Dates
711107 111/08 12/1/08 112A)vIO
07/01/11
Mavor $100.100 $107.000 $114,490 $122,504
Administfative Assistant $ 96,250 $102,988 $110.197 $117.911
Managing Director
County $ 93,750 $100,313 $107,33)5 $114,848
1 zn
Deputy County Engineer 86,250 $ 92,288 $ 98,748 $105.1660
Director of Finance $ 931,750 $100,313 S107,3315 $114,848
Deputy Director of Finance $ 86,250 $ 92,288 $ 98,748 $105,660
County Attorney $ 93,750 $100,313 $107.33± $114,848
First Deputy County Attorney $ 86,250 $ 92,288 $ 98,748 $105,660
Deputy County Attorney Up to $82,500 Up to $88,275 Up to$94,454 Up to $101,066
Chief of Police $ 93,750 $100,313 $107,335 S114/848
Deputy Chief of Police $ 86,250 $ 92,288 $ 981.748 $105,660
Planning Director $ 93,750 $100,313 $107,335 $114,848
Deputy Planning Director S86,250 S92,288 $ 98.1748 $105,660
Director of Personnel $ 90,000 $ 96,300 $103,041 $110,254
Manager and Chief Engineer,
Department of Water S93).750 $100,313 $107.335 $114,848
Deputy Manager-Engineer,
Department of Water $ 86.250 $ 92,288 S98,748 $105,660
Fire Chief $ 93,750 S100,313 $107,335 $114,848
Deputy Fire Chief $86,250 $ 92,288 $98,748 $105.660
Director of Economic Development $ 90,000 $ 96,300 $103.041 $110,254
Director of Liquor Control $ 90,000 S96,3100 S103,041 $110.254
Director of Parks $ 93.750 $100,313 $107,335 $114,848
Deputy Director of Parks $ 86,250 $ 92,288 $ 98.748 $105.660
Director of Housing $ 90,000 $ 96.300 $103.041
$110,254
(c) [NN��r-] Administrative officer and employee of salaries shall not exceed the
maximum salary provided for in [subseetion. (1-.1.] this Article at the time of employment.
However. the respective appointing authority may set the salary of any new or existing non-
elected appointee at a figure lower than the figure established for the position.
9 L_
(d) Requirements for salary increase. The salary increase for any non-elected officer
or employee occupying and continuing in a position listed in [stibsection this resolution is
contingent on the Director of Personnel's receipt of the following:
(1) A memo from the officer's or employee's appointing authority at least
thirty (30) days prior to the increase certifying that appointee's performance has
been evaluated pursuant to procedures established by the Director of Personnel;
and
(2 A copy of the officer's or employee's completed performance evaluation
evidencing that the appointee has met or exceeded job requirements (for example,
has achieved a rating of three points or higher in a five point scale) for the
appraisal period.
(3) Based on the evaluation results, the appointing authority's
recommendation on whether a proposed increase should be granted. The
appointing authority may recommend an increase for an officer or employee
occupying a position at a figure below the proposed salary increase provided for
in s4seetion this resolution.
Provided however, the county attorney's performance shall be conducted through an equally
weighted evaluation that shall be jointly administered by the mayor and the council chairperson
in accordance with paragraphs (1), (2) and ("I) above.
The Director of Personnel shall provide the Salary Commission with a list of the names and
positions of all non-elected officers and employees covered under this [subsection] resolution,
indicate whether or not they have satisfactorily met the performance evaluation criteria, and
include the recommended salary increase,, if any.
(e) Performance evaluations. The Director of Personnel shall prepare, for approval
by the Mayor, written performance evaluation procedures and methodologies and coordinate the
perfortuance evaluations process for all non-elected officers or employees listed in
O)JI this resolution.
The Director of Personnel shall provide a copy of the performance evaluation procedures and
methodologies, including any revisions thereto. to the Salary Commission.
(f) Officers or employees listed in [SH this resolution may receive a portion
of their salary through the County's payment of health fund premium benefits over and above the
amount the County normally contributes toward those officers' benefits. Amounts paid by the
County which are over and above the County's normal health fund premium contributions shall
be deducted from the affected officer's or employee's salary=.
Article 2 Salaries of the Prosecuting Attorney and Deputies.
(a) Effective as of the dates stated below and subject to the provisions and
performance review requirements provided for in Article 1. subsection A).
(e) and (f) above., the
annual salaries, payable semi-monthly. of the Prosecuting attorney and deputy prosecuting
attorneys shall be as follows:
Position 7/1/07 I/1/08 12/1108 12/01/09
(12 Welock meridian)
Prosecutinp-,, Attorney $ 931.750 $100,313 $107.335 $114,848
First Deputy Prosecuting Attorney $ 86.250 $ 92.2 8 8 98,748 $105,660
Deputy Prosecuting Attorney Up to $82,500 Up to $88,275 Up to$94.454 Up to$101.066
(b) The salaries of the Prosecuting Attorney and any deputy prosecuting attorney
shall not exceed the maximum salary provided for in this Article at the time of employment.
However. the Prosecuting Attorney may set the salary of any new or existing deputy at a figure
lower than the figure established for the position.
Article 3 Salaries of the County Council and Council Appointees.
(a) Effective at twelve o'clock meridian on December 1. 2008, the annual salaries.,
payable semi-monthly, of the Kaua*i County Council shall be as follows:
Position
Council Chair $59,699
Councilmember $53.1066
(b) Effective on December 1. 2009, the annual salaries. payable semi-monthly, of the
Kaua'i County Council shall be as follows:
Position
Council Chair $63,879
Councilmember $56,781
(c) Effective as of the dates stated below and subject to the provisions and performance
review requirements provided for in Article 1, subsection (d), (e) and (f) above, the annual
salaries, payable semi-monthly, of the County Clerk, Deputy County Clerk and County Auditor
shall be as follows:
Position 7/1/07 I/1/08 1211/08 12101109
(12 o'clock meridian)
County Clerk $ 93,750 S100,313 $107,33-5 $114,848
Deputy County Clerk S 86,250 92.288 $98,748 S105,660
Count, Auditor $107.335 $114,848
(d) Salaries of the Council Chair, Councilmembers, and employees shall not exceed
the maximum salary provided for in this Article at the time of employment. However, the
respective appointing authority may set the salary of any new or existing non-elected appointee
at a figure lower than the figure established for the position.
SECTION 2. The Mayor with approval of the County Council is hereby authorized
through the County's annual operating budget to limit the funding and thereby reduce the salary
for any non-elected officer or employee to an amount lower than the figure established for the
position in this resolution.
SECTION 3. Material to be deleted is bracketed. New material to be added is
underscored. In future reprints of this resolution, the bracketed material and underscoring may
be deleted.
BE IT FURTHER RESOLVED, if any portion or portions of this resolution are deemed
invalid or rejected by a vote of five (5) or more councilmembers, the other provisions of this
resolution shall not be affected thereby. If the application of this resolution or any of its
provisions to any person or circumstances is held invalid, the application of this resolution and
its provisions to other persons or circumstances shall not be affected thereby.
BE IT FI?\ALLY RESOLVED, the County Clerk shall transmit to the Salary
Commission, Mayor, Finance Director and Personnel Director a final approved copy of the
resolution and note any amendments thereto within thirty (30) day after the effective date of this
resolution.
Adopted by the Salary Commission oaf the County qfKaua"i al its meeting on November -4, 2010:
Charles King, I"Vice Chair
Trinette Kaui. ,,d Vice Chair
Robert Crowell
William Kahle
Sheri Kunioka-Volz
Michael Machado
COUNTY COUNCIL c't car
tvoa OFFICE OF THE COUNTY CLERK
JAY FURFARO,CHAIR Council Services Division
JOANN A, YUKIMURA,VICE CHAIR
Elections Division
TIM BYNUM
DICKIE CHANG
PETER A.NAKA,,%4URA,County Clerk
KIPUKAI KUALI'l EDUARDO TOPENIO,JR., Deputy County' Clerk
NADINE K. NAKAMURA
MEL RAPOZO OF Telephone: (808)241-4188
33"1-A WILCOX ROAD Facsimile: (808)241-6349
LIHU'E,KAUA-1,HAWAI'l 967166
E-mail:cokcouncil@kauai.gov
MEMORANDUM APR
L 3 "Oil
April 13, 2011 L
-30AR
TO: JAY FURFARO, COUNCIL CHAIR AND MEMBERS OF THE KAUAI
COUNTY COUNCIL
FROM: JOANN A. YUKIMURA, COUNCIL VICE-CHAIRO
RE: PERFORMANCE-BASED EXECUTIVE PAY AND ILL NO. 2395
For your information, I am attaching the 2007-2008 Kaua'i County Salary
Commission Report which sets forth the Salary Commission's emphasis on performance-
based pay, a core feature of the Commission's report.
On page 1, the Commission's report lays out the underlying philosophy and values.
At the top of page 2, the report articulates the goals of Commission in doing their work.
Section IV of the report (also page 2) points out that the proper setting of salaries affects
"government's ability to achieve results efficiently and effectively" and the community's
level of satisfaction and support for County government. On pages 5-6, it states the
Commission's unanimous agreement that pay for performance is necessary to the
achievement of their goals.
I am glad that the County Attorney has confirmed that the Salary Commission
provisions tying pay raises to the performance are valid, making amendments to the Salary
Ordinance unnecessary.
For your interest as well, page 12 of the Commission Report contains the
Commission's rational for multi-year raises. Sometimes, when there has been a long delay
in salary adjustments (as there are wont to be in executive pay in the political arena) and
where government budgets cannot handle a large one-time adjustment, the ability to do
multi-year pay increases may provide important options.
I hope this is helpful. Please let me know if you have any questions for me.
copy: Mayor Bernard P. Carvalho
salary Commission
Gary lieu, Managing Director
Wallace Rezentes, Jr., Director of Finance
Malcolm Fernandez,, Director of Personnel
SC 2011-03
U 1-1 1315:0�1 It-i
AN EQUAL OPPORTUNITY EMPLOYER
2007-2008
KAUA'I COUNTY
SALARY COMMISSION
REPORT
COMMISSION MEMBERS
Allan Smith, Chair
Thomas Cooper
Robert Crowell
Randall Nee
Virginia Kapali
Trinette Kaui
Dawn Murata
April 18, 2007
� .
� \
Table OfContents
1. Our Mission..........—....... -----'-------''''—~'—'--------. 1
/[ Introduction .................... ----_..--,.--_~.—__—,._,______....
U[ Philosophy and Values.................................................. ..............................
/V. The Mandate-._._,----.—.—,.---,._.—_._~-.-..—_..----..--
V. Overview 0fthe Commission
-...._- 2
VI ��V��
' .".cqv` ....^-'--''~----''''—^''^--'—'-'--'---'''-'--'-'''—''3
\/|[ A Symbiotic Relationship ............................................................................. 14
\/U[ Public Perception and Services bo Our Community...................................... 15
IX Findings and Recommendations.................................................................. 16
1. Our Mission
The Salary Commission is dedicated to establishing a system of salary
administration for the County's elected and appointed officials based on realistic
standards and in accordance with their duties and responsibilities.
11. Introduction
The Salary Commission is newly constituted and has undergone many changes
since its establishment in December, 1988. This report presents the current
Commission's mission, goals, and objectives.
Ill. Philosophy and Values
The Salary Commission views itself as part of a collaborative salary system that
reflects the duties of the elected and appointed officials and has the confidence and
support of the public.
The Commission's goal is to have a fair and equitable salary system that attracts
applicants of the highest quality to public service and has the confidence and support of
its citizens. Commissioners recognize the importance of keeping elected and appointed
officials' salaries in line with the salaries of other government employees in the State of
Hawaii.
Our commitment in establishing a sound salary structure requires us to review
salaries regularly and institute-
• Equity or alignment adjustments when needed;
• Adjustments to recognize additional duties and responsibilities; and
• Other adjustments when warranted.
The Commission acknowledges that it has a role in making a difference in
County government through:
• Quality work provided with professionalism, pride, and creativity,
Leadership, respect, and working with others;
Careful and responsible use of resources, and
• Open, clear, and honest communication.
Commissioners are committed to providing quality services in the most efficient
and effective ways possible. Our values guide us in fulfilling our mandate and contribute
to the development of a standard of excellence in government.
IV. The Mandate
The Salary Commission was established in 1988 and is governed by Article XXIX
n-F +hSt flc,%t'j
. . . . ", a - - ty Charte.,. The Commission's statutory mission is to set the salaries
of the County's elected officials, appointees, and certain other employees. This function
aligns with and supports the Charter's goals and strengthens government's ability to
achieve results efficiently and effectively. The Commission's actions can contribute to
community satisfaction with County government and overall support for government
decision makers.
V. Overview of the Commission
The establishment of the Salary Commission distills political considerations in
salary recommendations and vests the responsibility of salary recommendations of
elected and appointed officials and employees by an independent, unpaid, seven-
member citizen commission selected by the Mayor and confirmed by the Council.
2
Each of the individuals appointed in 2007 have substantial experience in at least
one or more of the following fields:
• private business;
• personnel management;
• the law;
• management of medium and large businesses; and
past & current Federal, State & County government experience.
The names of appointees were submitted to the County Council for interviews
and confirmation. Commissioners as of April, 2007, are:
Name Term Expiration
Allan A. Smith December 31, 2009
Thomas M. Cooper December 31, 2008
Robert B. Crowell December 31, 2007
Randall J. Nee December 31, 2008
Virginia M. Kapali December 31, 2009
Trinette P. Kaui December 31, 2008
Dawn N. Murata December 31, 2007
Our community has high expectations from its government and rightfully expects quality,
cost-effective services. Elected officials, appointees and employees are expected to be
competent, dedicated and highly skilled. The community expects Commission salary
recommendations to be fair and reasonable. It also expects the Commission to be
thoughtful, analytical and reasonable where the use of public funds is at stake.
VI. Major Activities
A. T113 Commission has held weekly meetings since February 7, 2007, and
filed a Preliminary Report documenting its activities and findings with the Kaua'i County
Council on March 15, 2007.
3
B. Meetings. Since the Preliminary Report was filed on March 15, 2007, the
Commission met on the following dates:
March 22, 2007
March 29, 2007
April 9, 2007
April 18, 2007
C. Activities Since the Preliminary Report
1. Public testimony
In addition to the testimony reported in the March 15, 2007, Preliminary Report,
the Commission received additional testimony as follows.
-On March 22, 2007, the Commission heard testimony from the Honorable Bryan
1. _E'apti.-te, Mayor. Mayor Baptiste addressed the recruitment of difficult to fill positions
such as the Police Chief, Manager & Chief Engineer of Water, and Deputy County
Attorneys. He requested that the Salary Commission consider whether positions that
need to be filled could be taken out of order. He voiced his concern about increases
given in increments over a four-year period, to make them more palatable, as taking it
slow may lose incumbents. He asked that the first increase be substantial enough to
help retain incumbents and help with recruiting and retention efforts.
-Refired Judge Matthew Pyun, Jr., County Attorney, testified on March 29, 2007.
Judge Pyun noted that the present salary range for the County Attorney's Office is too
He stated that because his office is presently understaffed, it is necessary to farm
out almost $1 million worth of litigation to outside law firms. He suggested that the,
4
County Attorney should be paid from $120,000 to $150,000, and the deputies should be
in a range from $65,000 to $115,000.
-On April 9, 2007, Craig DeCosta, Esq., Prosecuting Attorney, testified about
the effect of salary levels on his organization's ability to hire and retain prosecutors. Mr.
DeCosta said that an appropriate salary for a Deputy Prosecutor should be no less than
$50,000.
2. Salary deliberations
In our Preliminary Report, we made the following recommendations.
A. Performance-based pay. Similar to the 2003-2004 Salary
Commission, this Commission recommends changes to the Salary Ordinance.
This Commission believes that salary increases should be contingent on job
performance. Therefore, increases for all non-elected positions in the salary
ordinance will depend on regular performance evaluations. Our resolution
requires the appointing authority to certify that an appointee has been evaluated,
and has met or exceeded job requirements before a pay increase can occur.
. B. Pay increases. This Commission does not recommend an increase
at this time, but will continue to meet to formulate a recommendation for an
increase prior to the supplemental budget submission in May 2007.
C. Other issues. The Commission recognizes that it is working in a
transitional period, and needs to address historical shortfalls. The Commission
will continue to meet weekly to revisit the salary schedules, and to refine and
update its recommendations. The Commission welcomes input from the public.
Preliminary Report
We have further refined and updated these recommendations and revisited the salary
schedules. Our deliberations are summarized as follows.
a. Deliberations concerning Performance-based p9Y
As stated in the Preliminary Report, the Commission is in unanimous agreement
that pay for performance is necessary, in other words, salary increases for non-elected
positions in the salary ordinance should be contingent on job performance. Therefore,
the Commission's proposed amendment to the salary ordinance specifies that no
5
increase will be granted unless the job performance of the appointee has been
evaluated, and the results of the evaluation show that the appointee has reached or
exceeded job requirements. The job appraisal methodology must be approved by the
Director of Personnel to create a level of consistency. Moreover, timeliness of the
performance appraisals is ensured, because the ordinance amendment sets a deadline
for submitting a completed performance appraisal, in order for increases to be granted.
The County currently does not have a consistent system of performance
appraisals for appointees. Some positions are appraised regularly, and some not at all.
The mandatory performance appraisals document those appointees performing at a
high level, and allow them to be recognized for their achievement. The appraisals also
identify areas of appointee performance needing improvement. A system of mandatory
appraisals will provide the public with assuramcc that the level of County leadership is
monitored, and that raises for appointees are based on performance.
b. Deliberations concerning pav increases
Our inquiry into salary levels reveals that current salary levels are deficient in two
areas: appointee salaries are well below market and regional rates for similar positions,
and most appointees are paid far less than their highest-paid subordinates. These
problems were caused by a change in the County Charter in 1988. The change may
have been well-intentioned, but has developed into a major obstacle in recruiting and
retaining qualified leaders for County departments. Prior to 1988, appointee salaries
v,iere set by the County Council, under Article 3.11 of the Kaua'i County Charter, with
the stipulation that "No department head shall receive a salary less than that of the
highest paid civil service employee in the county." This stipulation allowed the salaries
6
of department heads to keep pace with the salaries of their subordinates. In 1988, the
Charter was amended to create a system where appointee salaries were set by the
salary commission and approved by the County Council. The 2004-2005 Salary
Commission found that in the 19 years since the Charter change, salaries of most
department heads had gone up only twenty-five (25) per cent, while their subordinates'
salaries had increased by sixty-seven (67) per cent. Council salaries faired no better,
as evidenced by the finding by the 2004-2005 Salary Commission that Council salaries
had remained the same since 1966.
In setting salaries, the commissioners must consider many factors and a great
deal of data, including salaries for similar positions in other counties in this state. While
it may be useful to consider salaries in other states, the Commission has not utilized this
data due to the vast disparities in salaries from state to state. Instead, useful
comparable data has been provided regarding the salaries of public Positions within the
State of Hawaii. We have determined that salaries of elected and non-elected positions
in Kaua'i County have sorely lagged behind peer salaries in every other county in this
State.
In some cases, the County has lost and continues to lose qualified people to
other government jobs and private firms because of this salary gap. This is particularly
true where Deputy County Attorneys are leaving to work for private firms.
Representatives from the Police and Fire departments have testified before the
Commission that they, too, have lost good employees because their job is becoming
more demanding and the salary is not keeping up.
7
Dr. Michael M. Nash of Nash and Company, Palos Verdes, California, a
compensation consultant engaged to perform a study of the excluded managerial
compensation plan for the County Department of Personnel Services, provided a report
to the Commission concerning a survey of jobs with matching titles in other jurisdictions
in Hawaii and a Scale (the "common scale" or "Nash scale") to compare salary
relationships.' Dr. Nash reported that salaries for Kaua'i County positions were
significantly below the lowest matching salaries in the state. For example, the salary for
the Kaua'i County Engineer is $75,000 (common scale 72) and the lowest and highest
salaries for jobs with matching titles in Hawaii were $90,857 (common scale 91) and
$104,813 (common scale 105), respectively.
At our request, the County Department of Personnel prepared statistics regarding
salary inversion (department head paid less than subordinates). The statistics show
significant salary inversion. For example, the Kaua'i County Engineer is paid $75,000,
while the salary of his highest paid subordinate is $100,032. The salary inversion
statistics are attached as Appendix B. It is worth noting that due to statewide collective
bargaining, most non-appointed employees such as engineers, police officers, or
firefighters are paid the same, regardless of whether they work on a neighbor island or
on 0'ahu. In contrast, their Kauai superiors earn far less than their counterparts in the
other counties.
As stated in the Preliminary Report, we believe that appropriate salary levels are
needed to ensure that appointee positions can be filled with qualified individuals.
Testimony was provided by the chair of the Board of Water Supply regarding the
Board's inability to attract candidates for the position of Manager and Chief Engineer of
Dr. Nash's report to the Salary Commission is attached as Appendix A.
8
the Department of Water, from members of the Police Commission about the effect of
the low salaries on their ability to recruit for a Chief of Police, from the Mayor regarding
the effect of low salaries on department head recruitment and retention, and from the
County Prosecutor and Attorney regarding their problems recruiting staff attorneys with
the appropriate experience. The Fire Chief also testified that the low salaries affect
succession planning for the Fire Department, since his subordinates are not motivated
to seek the position of Fire Chief.
Currently, the following department head or deputy department head positions
are vacant, pending or filled by acting personnel: Manager and Chief Engineer,
Department of Water; Police Chief, Deputy Police Chief, First Deputy County Attorney,
Deputy County Attorney (3 positions), Director of Community Assistance, Deputy Fire
Chief, Deputy Director of Parks and Recreation. Adequate salaries will help to timely
staff these positions with experienced individuals. If these Positions remain unfilled or
are filled from an inexperienced candidate pool, the lack of leadership may cause the
County to suffer monetarily due to less efficiency and increased litigation risk.
These concerns compelled us to review existing salaries. We have determined
that a salary increase is necessary, and have incorporated our recommendations in the
attached resolution (Appendix C).
We deliberated extensively over the methodology to determine the appropriate
level of the proposed increase. In our deliberations, we relied on the guidance provided
by Dr. Nash and his observations of the appropriate rates and methodology for setting
the salaries of executive appointed positions. Dr. Nash utilized a market pricing
approach, which he considers the most prevalent and simplest way to establish job
9
worth. The data he used were job descriptions, interviews with incumbents, and salary
levels from a survey of jobs with matching titles in other jurisdictions in the State of
Hawaii. Dr. Nash collaborated with the County's Department of Personnel Services to
develop a "see" or snapshot of the appropriate pay level for most appointed positions.
The Nash "see" is shown on Appendix A. Application of the Nash "see" would result in
overall salary increases of about thirty-three (33) per cent, and would mitigate the
degree of salary inversion. Although we recognized that the Nash "see" was a sound
assessment of the appropriate level of appointee salaries, we determined that it would
not be in the public interest to recommend such a high, one-time increase.
Thereafter, we reviewed a number of alternative scenarios which took the Nash
job values and salary inversion into account, while keeping the increase to a lower initial
level. We engaged in extensive- discussion regarding pay equity, pay inversion, and
achievable salary increases. We also considered the Mayors comments that the
increase needed to be substantial enough to attract qualified candidates for the vacant
positions and sufficient to retain current department heads. Recruitment bonuses were
considered and rejected because they complicate the plan and penalize employees who
have worked for many years at a low salary level.
We considered and adopted a pay plan that provides across the board increases
for County officers and employees in the salary ordinance (Section 3-2.1, Kaua'i County
Code) of twenty-five (25) per cent on July 1, 2007, seven (7) per cent on January 1,
2008, seven per �,6nt on January 1, 2009, and seven per cent on January 1, 2010. We
also reviewed the current ranges for certain deputy department heads, and concluded
that ranges have not served a purpose. Except for deputy county attorney and deputy
10
prosecutor positions, almost all deputies are paid at the top of the range. Accordingly,
our salary proposal eliminates ranges for all deputy department head positions except
the positions of Deputy Prosecutor and Deputy County Attorney, whose starting salaries
will be set by the Prosecutor and County Attorney based on education, experience, and
qualifications. However, Deputy Prosecutors and Deputy County Attorneys should
receive increases at the same time and the same percentage as the other deputies,
provided that they meet performance requirements.
The following chart compares the proposed increases to the median of salaries
for comparable positions in Hawaii.2
7/1107 1/1108 1/1/09 1/1/10
Current Pay 7/01/07 Median 1/1108 Median 1101109 Median 1/01/10 Median
Department/Agency Heads 6/30/07 25% Nash Rate 7% Nash Rate 7% Nash Rate 7% Nash Rate
Mayor $80,000 $100,000 $107,000 $114,490 $122,504
Administrative Assistant $77,000 $96,250 $100,975 $102,988 $106,024 $110,197 $111,325 $117,911 $116,891
Director of Finance $75,000 $93,750 $97,800 $100,313 $102,690 $107,335 $107,825 $114,848 $113,216
County Attorney $75,000 $93,750 $100,000 $100,313 $105,000 $107,335 $110,250 $114,848 $1 5,7
Director of Personnel $72,000 84 1 63
$90'000 $96-146 $96'300 $100,953 $103,041 $106,001 $110,254 $111,301
Director of Community Assistance $72,000 $90,000 $96,143 $96,300 $100,950 $103,041 $105,998 $110,2:14 $111,2%
Economic Development Director $72,000 $90,000 $96,143 $96,300 $100,950 $103,041 $10,�-,997 $110,2 $111,298
County Engineer 64
$75,000 $93,750 $99,972 $100,313 $104,971 $107,335 $110,220 $114,848 $115,731
Planning Director $75,000 $93,750 $97,500 $1/10.313 $102,375 $107,335 $107,493 $114,848 $112,868
Director of Parks&Recreation $75,000 $93,750 $96,146 $100,313 $100,953 $107,335 $106,()01 $114,848 $111,301
Manager&Chief Engineer $75,000 $93,750 $108,531 $100,313 $113,958 $107,335 $119,656 $114,848 $125,639
Chief of Police $75,000 $93,750 $98,044 $100,313 $102,946 $107,335 $108,093 $114,848 $113,498
Fire Chief $75,000 $93,750 $98,047 $100,313 $102,949 $107,335 $108,096 $114,W $113,501
Prosecuting Attorney $75,000 $93,750 $101,300 $100,313 $106,365 $107,335 $111,683 $114,848 $117,267
Director of Uquor $72,000 $90,000 $89,483 $96,300 $93,957 $103,()41 $98,655 $110,254 $103,W
County Clerk $75,000 $93,750 $86,910 $100,313 $91,256 $107,335 $95,819 $114,848 $100,610
Current Pay 1/01/09
6130/07 34%
Council Chair $39,500 $52,930
Council Members $35,100 $47,034
2 The Mayors salary was not compared or studied by Dr. Nash. For the purposes of the salary
recommendation, the salary of the Mayor was kept at its current level of four(4)per cent above the salary
of the Administrative Assistant. In addition, the Council Chair and Council Members salary were not
compared or studied by Dr. Nash.
711107 1/1/08 1 f 1109 111110
Deputy Current Pay 7101/07 Median 1111ID8 Median 1101109 Median 1101110 Median
DepartmentlAgency Heads 6130107 25% Nash Rate 7% Nash Rate 7% Nash Rate 7% Nash Rate
Deputy Finance Director $69,000 $86,250 $95,719 $92,288 $100,505 $98,748 $105,530 $105,660 $110,807
1st Deputy County Attomey $69,000 $86,250 $94,700 $92,288 $99,435 $98,748 $104,407 $105,6617 $109,627
Deputy County Engineer $69,000 $86,250 $95,719 $92,288 $100,505 $98,748 $105,530 $105,660 $110,807
Deputy Planning Director $69,000 $86,250 $92,300 $92,288 $96,915 $98,748 $101,761 $105,660 $106,849
Deputy Director of Parks&Rec $69,000 $86,250 $92,288 $98,748 $105,660
Deputy Manager&Chef Engineer $69,000 $86,250 $92,288 $98,748 $105,660
Deputy Chief of Police $69,000 $86,250 $93.379 $92,288 $98,048 $98,748 $102,950 $105,660 $108,098
1 st Deputy Prosecuting Attorney $69.000 $86,250 $96,146 $92,288 $100,953 $98,748 $106,001 $105,660 $111,301
Deputy County Clerk $66,000 582,500 $88,275 $94,454 $101,066
We adopted the three-year salary schedule because it begins to align the
salaries of the various positions with comparable positions in the other County systems,
as reported in Dr. Nash's study. By this schedule, we believe we have fulfilled our
commitment to meeting the mandate of the public by setting salaries that are based on
realistic standards, are fair, and reflect the performance, duties and responsibilities of
the positions. We also note that our comparison assumes no pay increases in the other
jurisdictions when, in reality, pay raises have either been granted or are under
consideration. (See, Appendix D.)
The proposed increases are also compared to the appropriate pay levels for the
positions as identified by Dr. Nash (Nash "see").
711107 111108 111109 111110
Current Pay 7101107 Nash 111108 Nash 1101109 Nash 1101110 Nash
DepartmentlAgency Heads 6130!07 25% see' 7% *see* 7% see* 7% see*
Mayor $80,000 $100,000 $107,000 $114,490 $122,504
Administrative Assistant $77,000 $96,250 $105,135 $102,988 $110,287 $110,197 $115,801 $117,911 $121,591
Director of Finance $75,000 $93,750 $103.063 $100,313 $108,216 $107,335 $113,627 $114,848 $119,308
County Attorney $75,000 $93,750 $100,032 $100,313 $105,034 $107,335 $110,286 $114,848 $115,800
Director of Personnel $72,000 $90,000 $96,090 $96,300 $100,895 $103,041 $105,940 $110,254 $111,237
Director of Community Assistance $72,000 $90,OW $90,467 $96.300 $94,990 $103,041 $99,740 $110,254 $104,727
Economic Development Director $72,000 $90,000 $90,467 $96,300 $94,990 $103,041 $99,740 $110,254 $104,727
Count,,,Engineer $75,000 $93,750 $103,063 $100,313 $108,216 $107,335 $113,627 $114,848 $119,308
Planning Director $75,000 $93,750 4100,032 $100,313 $105,034 $107,335 $110,286 $114,848 $115,800
Director of Parks&Recreation $75,000 $93,750 $95,129 $100,313 $99,885 $107,335 $104,879 $114,848 $110,123
Manager&Chief Engineer $75,000 $93,750 $103,063 $100,313 $108,216 $107,335 $113,627 $114,848 $119,308
Chief Of Police $75,000 $93,750 $103,063 $100,313 $108,216 $107,335 $113,627 $114,848 $119,308
Fire Chief $75,000 $93,750 $100,032 $100,313 $105,034 $107,335 $110,286 $114,848 $115,800
Prosecuting Attorney $75,000 $93,750 $103,063 $100,313 $108,216 $107,335 $113,627 $114,848 $119,308
Director of Liqutm $72,000 $90,000 $90,467 $96,300 $94,900 $103,041 $99,740 $110,254 ;104,727
County Clerk $75,000 $93,750 $90,467 $100,313 $94,900 $107,335 $99,740 $1,14,34$ '4104,727
12
Current Pay 1101109
6/30107 34%
Council chair $39,500 $52,930
Council Members $35,100
$47,034
711/07 111108 111109 111110
Deputy Current Pay 7/01107 Nash 111/08 Nash 1/01109 Nash 1/01/10 Nash
Department/Agency Heads 6/30/07 25% "see" 7% see' 7% 'see" 7% "see'
Deputy Finance Director $69,000 $86,250 $89,562 $92,288 $94,040 $98,748 $98,742 $105,660 $103,679
I st Deputy County Attorney $69,000 $86,250 $89,552 $92,288 $94,040 $98,748 $98,742 $105,660 $103,679
Deputy County Engineer $69,000 $86,250 $89,562 $92,288 $94,040 $98,748 $98,742 $105,660 $103,679
Deputy Planning Director $69,000 $86,250 $89,562 $92,288 $94,040 $98,748 $98,742 $105,660 $103,679
Deputy Director of Parks&Rec $69,000 $86,250 $92,288 $98,748 $105,660
Deputy Manager&Chief Engineer $69,000 $86,250 $89,562 $92,288 $94,040 $98,748 $98,742 $105,660 $103,679
Deputy Chief of Police $69,000 $86,250 $89,562 $92,288 $94,()40 $98,748 $98,742 $105,660 $103,679
1st Deputy Prosecuting Attorney $69,000 $86,250 $89,562 $92,288 $94,040 $98,748 $98,742 $105,660 $103,679
Deputy County Clerk $66,000 $82,500 $86,033 $88,275 $90,335 $94,454 $94,852 $101,066 $99,595
After the last increase in 2010, the proposal would eliminate the salary inversion
problem for departments, except the Department of Public Works and the Department
of Water, which would still experience a small salary inversion. The effect of the pay
increases on salary inversion is shown on Appendix E. (Appendix E assumes an
average five (5) per cent increase each year for County employees.)
Thus, the Commission has relied on factual, objective data to make
recommendations that ensure salaries will attract and retain qualified individuals in
government service. It also provides consistency in compensation practices for
positions in other county governments.
We believe the proposal is substantial enough to address the County's crisis in
hiring and retention, is consistent with Dr. Nash's observation that the County should
attempt to place most appointee salaries at the median for comparable positions
statewide, and addresses salary inversion. We also believe that adding a required
performance review and appraisal will make certain the County receives value for the
pay increases.
13
Article XXIX of the Kaua'i County Charter requires that we also set the salaries of
councilmembers. We further find and recommend that the salaries of the Council Chair
and councilmembers should be increased at approximately the same rate as the other
officers and appointed employees. However, Kauai County Charter section 29.06
precludes any change in the salary of councilmembers during the term in which a
change is enacted or for twenty four (24) months after a change is enacted, whichever
is less. Therefore, we must adjust the salary increases accordingly, and recommend an
increase of 34 per cent, effective January 1, 2009.
c. Deliberations on other issues
We began deliberations on other issues. One issue was department head
groupings. Department heads are currently grouped into salary levels established by
nrinr salary commissions. Generally, department heads with public safety
responsibilities and those who must hold professional certification are paid more than
department heads without these qualifications. Discussions were held about changing
the groupings, including whether the positions should be grouped according to function,
such as Administrative, Infrastructure, Public Safety, and Legislative. We also
recognized that job descriptions need continuous updating and monitoring, so that
salaries reflect current job requirements. In its future meetings, we intend to explore
these issues in depth, and welcome public input.
VII. A Symbiotic Relationship
The Commission's function is unique in that we operate independently in
conducting our work. Yet, the County Council, the various County boards and
commissions play a vital part in the success of the Commission's work. The
14
Commission relies on all of those entities and governing bodies for support in
implementing its recommendations and realizing its ultimate goals and objectives.
An important consideration and basis for the Commission's recommendations is
awareness of staff turnover, and retention. For instance, even within the government,
very small departments tackle the critical problem of retaining highly trained and skilled
employees. Continuity of staff ensures consistent, high quality work and services to the
public and is essential to the success of the department and all other government
sectors. The Commission's plan and recommendations should reflect its ongoing efforts
to address the County's ever increasing workload, and problems of attracting, hiring and
retaining skilled, competent and qualified workers.
The Commission must also work to ensure that budgetary decision-makers
understand the importance of the Commission's work and support a funding level that
meets the needs and expectations of the public and the government officials and
employees whose salaries are affected.
VIII. Public Perception and Service to Our Community
In every community across the country, there are those that have negative
opinions of what government workers should be paid. Some feel that their elected and
appointed officials' salaries are too high, or that they should not be paid a fair wage.
This perception may be difficult to overcome where the salaries of other public officials
in the state are rarely in the local news, making it difficult for the public to compare
salaries.
Yet, the I reality is that these jobs affect the lives of every citizen in our County.
The Commission and the elected officials need to work harder to convey to the public
15
that it is important to provide adequate and appropriate compensation for their elected
and appointed officials. To correct misconceptions, the Commission has presented
comparable, peer salary data and factual information about government salaries.
The underlying objective is to base the salaries of public officials on realistic
standards in order to attract the best qualified citizens to public service. The
expectations of the elected officials, appointees and employees are that the
Commission will carefully consider the duties of their respective positions and set
salaries that are appropriate for those duties and responsibilities. The community's
expectations are that the Commission will consider the use of taxpayer dollars wisely
and frugally and that the people who represent them are of the highest caliber and
competency. We must continually seek new, innovative, and effective ways to
creatively and efficiently manage our resources.
IX. Findings and Recommendations
The Salary Commission of the County of Kaua'i herewith submits its salary
findings and recommendations in the form of a resolution attached to this report
(Appendix C). They are summarized as follows.
• Salary increases for 2007-10 were adopted at an open public meeting on
April 7, 2007.
• An increase of twenty-five (25) per cent was adopted, effective July 1, 2007,
and seven (7) per cent increases in 2008, 2009, and 2010, were adopted,
effective January 1 of each year.
• An increase of 34 per cent was adopted for the Council Chair and
Councilmembers, to be effective on January I of 2009.
16
COVER
COUNTY OF KAUAI, HAWAII
EAP Salary Survey
Prepared by Kauai Personnnel .Department
For Use by Salary Commission
Prepared by;
Nash and Company
Palos Verdes California
800-473-1881
aM 484 a cal corn
3 February 2007
b
0310212007
INTRODUCTION
PURPOSE
This Is a Preliminary and draft report. It,s purpose is for discussion with HR
and the Salary Commission
The results and recommendations of this survey can be used as the foundation for
arriving at salary grade recommendations for benchmark jobs
MATSUMOTo,4N SUR11 r4y
Karen Matsumoto of the Department of Personnel Services provided the Consultant with this survey data.
Consequently we are calling the Nash analysis of this survey data the Matsumoto Survey.
Matsumoto Is NOT responsible for the statistical analysis of the data which was provided in a"this title job matches that job title
format. Questions regarding the statistical analysis and Its Interpretation should be directed to the Consultant.
County of Kauai Hawaii Health System
County of Maul State Judicial System
City and County of Honolulu State of Hawaii.
County of Hawaii(The Big Island
Note- This survey was Originally conducted In late December and present to Personnel Services In early January:
Following this initial submission Maul and The Big Island approved now salaries for some jobs. This now data was Incorporated
in the surveys requiring the entire survey and recommendations to be re-calculated. This has been done.
Nash recommend*that as a matter of County Policy:
place all Jobs so that they fall above Q1 In the Matsumoto Survey
place few Jobs above the C13 In the Matsumoto Survey.
place NO jobs at the High In the survey.As the smallest of the agencies this Is rarely likely to be appropriate,
NASH,SCALF.
The Nash Scale Is a very useful tool for clients In establishing their salary grades.
Every Job grade dollar value In the Matsumoto Salary Survey has been converted to an equivalent
number In the Nash Scale. This allows the County to Immediately know where it stands In the survey for any
Job comparison without going through secondary math calculations. For example if a County of Kauai job is
Nash Scale 95 and the Matsumoto Median Is 100,then the reader knows Immediately that the County pay 5%below
the median.This Is the Median Of 100 minus the County pay max of 95
Using the Nash scale will facilitate the pricing of jobs.
INDIVIDLIAL SURVEY.SHEETS
The High Is the highest maximum reported by any of the agencies for the benchmark Job.
The Low Is the lowest maximum reported by any of the agencies for the benchmark job.
The Average (Ave) Is the sum of the maximums reported divided by the number of numbers reported,
The Median(Meco Is the number In the middle of that data set array,The Median Is the best measure of the market,
Q3 is the same as the 75th percentile, It means that 25%of the survey pay above this level and 75%below It,
Q1 Is the same as the 25th percentile. it means 75%of the survey pay above this level and 25%below it.
0310212007
COMMON SCALE
New Step 1 2 3 4 5 6 7 8 9 10 11 Common
Range Scaler
$ 150,423 141
$ 148,934 140
$ 147,459 139
$ 145,999 138
$ 144,554 137
$ 143,123 136
$ 141,706 135
$ 140,303 134
$ 138,913 133
$ 137,538 132
$ 136,176 131
$ 134,828 130
$ 133,493 129
$ 132,171 128
$ 130,863 127
$ 129,567 126
$ 128,284 125
$ 127,014 124
$ 125,757 123
$ 124,511 122
$ 123,279 121
$ 122,058 120
$ 120,850 119
$ 119,653 118
$ 118,468 117
$ 117,295 110
$ 116,134 115
$ 114,984 114
$ 113,846 113
$ 112,719 112
$ 111,603 111
$ 110,498 110
$ 109,404 109
$ 108,320 108
$ 107,248 107
$ 106,186 106
$ 105,135 105
$ 104,094 104
$ 103,063 103
$ 102,043 102
$ 101,032 101
$- 1 A O 2, 100
$ 99,032 99
$ 98,041 98
$ 97,061 97
$ 96,090 96
$ 95,129 95
$ 94,178 94
$ 93,236 9
$ 92,304 92
$ 91,381 91
$ 90,467 90
1 03/02/2007
EAP SUMMARY RESULTS
SURVEY RESULTS
CURRENT A Ql MED Q3
JOB
-lu-rv*y 0 KAUAI ommon
Rats Common jj$ Comm-on
Water SCSI*1 Scale SCSI* scale
Ev- $71.666- 7-2 9,-725 9-5 $108,53 log #121,$21- 120
Administrative A"I*tAnt to Mayor EAP 2 $77,000 74 105 $ 94,963 95 $100,975 101 51x4,825 104
Chief of Poll,-* EAP 3 $76,000 72 103 $ 93,636 94 $ 98,044 99 $108,500 log
Fire Chief EAP 4 $76,000 72 100 $ 93,836 94 $ 98,047 go $100,900 lot
Proescutina Attorney EAP 6 $76,000 72 103 $100,950 101 $101,300 102
_5108,370 log
let Deputy Prosecuting Attorney EAP 6 $69,000 64 as $ 96,000 96 598,148 96 $100,503 too
Deputy Proeocuting Attorney EAP 7 $681000 69 85 $ 84,635 84 $ 93,423 94 $ 97,588 As
County Attorney EAP 8 $76,000 72 100 s 95,899 95 $100,000 101 $100,503 101
Director Community Aeal$tAnc# EAP 9 $72,000 go 90 $ 94,026 94 $ 96,143 97 ll 98,838 go
Director Planning EAP 10 $76,000 72 too
95 $ 97,500 98 5 98,
99
Director Finance 838
Director LiquorEAPII $76,000 72 103 5 96,143 97 $ 97,800 98 $104,040 104
EAP 12 $72,000 (la so $ 83,550 83 $ 89,483 89 $ 95,636
Public Woe"County Engineer EAP 13 $76,000 72 103 $ 90,857 of $ 99,072 100 $104,813 105
Director Personnel Services EAP 14 $72,000 68 96 $ 90,000 so $ 915,140 97 $ 98,838
fat Deputy County Attorney EAP 16 $69,000 64 99
89 $ 90,701 91 $ 94,700 as
5100,503 lot
Deputy County Engineer EAP i8 $69,000 64 59 $ 90,659 91 $ 95,719 96
De $ 98,400 go
Deputy Director Finance EAP 17 $69,000 64 89 $ 91,162 92 $ 95,719 06 $ 96,143 97
Deputy Planning Director EAP 18 $68,000 64 99 $ 90,004 go $ 92,300 92
Deputy chief of police $ 95,719 90
County Clark
EAP 19 $69,000 64 89 $ 90,515 91 $ 93,379 94 $103,000 103
EAP 20 1!$76,000 72 so $ 81,120 so I 88,910 87 $ 03444
Deputy County Attorney $66,000 69 -- 94
45
Do"County Clerk $60,000 64 85
Deputy Manager-Eng(Water) $69,000 64 89
Economic Development Director $72,000 66 so
Director of Parka&Recreation $76,000 72 96
1
GWGZ2007
EAP On Common Scale
CURRENT
JOB Survey# KAUAI Common
Rate Scale
Administrative Assistant to Mayor EAP 2 $77,000 74
Chief of Police EAP 3 $75,000 72
Prosecuting Attorney EAP 5 $76,000 72
Public Works County Engineer EAP 13 $75,000 72
County Attorney EAP 8 $75,000 72
Director Finance EAP 11 $76,000 72
Manager-Chief Engineer(Water) EAP 1 $76,000 72
Planning Director EAP 10 $75,000 72
Fire Chief EAP 4 $75,000 72
Director Personnel Services EAP 14 $72,000 68
Director Community Assistance EAP 9 $72,000 68
1st Deputy Prosecuting Attorney EAP 6 $68,000 64
Deputy Chief of Police EAP 19 $69,000 64
1 st Deputy County Attorney EAP 16 $69,000 64
Deputy County Engineer EAP 16 $69,000 64
Deputy Director Finance EAP 17 $69,000 64
Deputy Planning Director EAP 18 $69,000 64
County Clerk EAP 20 $76,000 72
Director Liquor EAP 12 $72,000 68
Deputy Prosecuting Attorney EAP 7 $66,000 59
0310212007
Non-Appointed Employees Paid Higher Than Their Department Heads
DEPARIMENT CLASS TITLE Bargaining Unit EM/SR Salary Range Salary
FINANCE IT Communications&Project Manager contract contract $90,732
Budget Administrator EM EM-5 66,348-90,732 90,732
Accounting Systems Administrator EM EM-7 73,128-100,032 88,584
Assistant Chief Procurement Officer EM EM-5 66,348-90,732 82,980
Central Payroll Accountant EM EM-3 60,168-82,296 82,296
Computer Systems Officer EM EM-3 60,168-82,296 82,296
Tre4surer EM EM-5 66,348-90,732 79,008
FIRE Battalion Fire Chief EM EM-3 60,168-82,296 80,232
OCA Executive on Housing EM EM-3 60-168-82,296 82,296
PERSONNEL Personnel Services Manager EM EM-5 66,348-90,732 90,732
PLANNING Planner VII 13 SR-28 57,720-82,140 82,140
Planner VII 13 SR-28 57,720-82,140 82,140
Planner VII, 13 SR-28 57,720-82,140 82,140
POLICE Police Inspector EM EM-7 73-128-100,032 96,912
Police Inspector EM EM-7 73-128-100,032 79,296
Public Safety Telecommunications Administrator 13 SR-28 57,720-82,140 78,984
PUBLIC WORKS Civil Engineer VII EM EM-7 73,128-100,032 100,032
Civil Engineer VII EM EM-7 73,128-100,032 97,020
Civil Engineer VII EM EM-7 73,128-100,032 93,156
Engineering Program Administrator EM EM-5 66,438-90,732 90,732
Departmental Personnel Officer EM EM-5 66,438-90,732 90,732
Parks Administrator EM EM-5 66,438-90,732 90,732
Chief of Field Operations&Maintenance EM EM-7 73,128-100,032 89,412
Business Management Officer EM EM-7 73,128-100,032
88,368
Executive Assistant to the Mayor-Golf Course EM EM-5 66,438-90,732 85,284
Civil Engineer VI EM EM-5 66,438-90,732 94,348
Civil Engineer VI
13 SR-28 57,720-82,140 82,140
WATER Chief of Water Resources and Planning EM EM-7 73,128-100,032 100,032
Civil Engineer VII EM EM-7 73,128-100,032 vacant
Chief of Water Operations EM EM-5 66,438-90,732 90,732
Waterworks Controller EM EM-5 66,438-90,732 90,420
Civil Engineer V EM EM-3 60,168-82,296 82,296
Civil Engineer V EM EM-3 60,168-82,296 79,260
217107 Civil Engineer V EM EM-3 60,168-82,296 76,620
APPENDIX G
RESOLUTION PROPOSING AN ORDINANCE AMENDMENT
RELATING TOE CUT ALARIES
BE IT RESOLVED BY TBE SALARY COMMISSION OF THE COUNTY OF KAUAI,
STATE OF HAWAPI:
SECTION 1. Pursuant to Section 29.03 of the Charter of the County of Kaua'l(hereinafter
"Charter'), the Salary Commission hereby resolves to propose the changes described in this
resolution to the Kaua'i County Council.
SECTION 2. Chapter 3,Article 2, Section 3-2-1 ofthe Kauai County Code 1987,is hereby
amended to read as follows:
"Article 2. SALARIES OF CERTAIN OFFICERS
Sec.3-2.1 Salaries of Certain Officers.
(a) Purpose. The purpose of this section is to establish the salaries of certain county
officers and employees in accordance with the principles of adequate compensation for work
performed, and preservation of a sensible relationship with the salaries of other county
employees.
(b) Provided the performance review requirements of Sees. 3-2.1 (e) and (j) have
been satisfied, the salaries of certain county officers and employees shall be increased by twenty-
five (25) per cent on July 1,2007 seven(7)per cent on January 1, 2008, seven(7)per cent on
January 1,2009, and seven (7)per cent on January 10, 2010, subject to the following:
W Ranges for the salaries of first deputy department heads-and deputy
department heads are eliminated and
(2) Salaries of deputy county attorneys and deputy prosecuting attorneys are
subject to a maximum. L�ng attoeys
[(a)] fo Effective [July 1, 2005] as of the dates stated below and subject to the
performance review requirements of Sees. 3-2.1 (g) andM the annual salaries, payable semi-
monthly, of certain county officers and employees shall be as follows-
P[OSITION]osition Effective dates
7/l/07 I11108 1/1109 I11110
Mayor [$80,000] S100,100 J197.,_000 $114"490 $122, 04
5
Administrative Assistant [$77,000] 96,250 $102,988 $1,10,197 $.117,911
County Engineer [$75,000] 113,750 $100,313 $107,335 $114,848
Deputy County Engineer
[$63,480469,000] $ 86,250 $ 92.288 $ 98,748 $105,660
Director of Finance [$75,000] $ 93750 $100,313 $107,335 $114,848
Deputy Director of Finance
[$63,480-$69,000] $ 86,250 $ 92,288 $ 98,748 $105,660
County Attorney [$75,000] $ 93,750 $100,313 $107,335 $114,848
First Deputy County Attorney
[$63,480-$69,000] $ 86,250 $ 92,288 $ 98.748 $105,660
Deputy County Attorney
[$60,720-$66,000] up to$82.500 up to$88,275 jig to $94,454 up to$101,066
Prosecuting Attorney [$75,000] $ 93,750 $100,313 $107,335 $114,848
First Deputy Prosecuting Attorney
[$63,480-$69,000] $ 86,250 $92,288 $ 98,748 $105,660
Deputy Prosecuting Attorney
[$60,720-$66,000] up to $82,500 up to$88,275 up to $94,454 up to$101,066
Chief of Police [$75,000] $ 93,750 $100,313 $107,335 $114,848
Deputy Chief of Police
[$63,480-$69,000] $ 86,250 $ 92,288 $ 98,748 $105,660
Planning Director [$75,000] $ 93,750 $100,313 $107,335 $114,848
Deputy Planning Director
[$63,480-$69,000] $ 86,250 $ 92,288 $ 98,748 $105,660
Director of Personnel [$72,000] $ 90,000 $ 96,300 103041 $110,254
Manager and Chief Engineer,
Department of Water [$75,000] $ 93,750 $100,313 $107J35 $114,848
Deputy Manager-Engineer,
Department of Water
[$63,480-$69,000] $ 86,250 $ 92,288 $ 98,748 $105,660
Fire Chief [$75,000] $ 93,750 $100,313 $107,335 $114,848
County Clerk [$75,000] $ 93,750 $100.313 $107335 $114,848
____
Deputy County Clerk
[$63,480-$69,000] 82 500 $ 88_,275 594,454 $101,066
Director of Economic Development
[$72,000] S90,000 $ 96,300 $103,041 $110,254
Director of Liquor Control
[$72,000] $ 90,000 96 300 103,041 $110,254
Director of Community Assistance
[$72,000] $ 90,000 S,96,300 $103,041 $110,254
Director of Parks 93 750 $100,313 1107,335 $114,848
Deputy Director of Parks . $ 86,250 $ 92,288 $ 98,748 S105,660
[(b) The respective appointing authority may set the starting salary and increases in
salary of an appointee at any figure below the established maximum salary, provided, however,
the starting salary of any deputy appointee shall not be less than the minimum established salary
set forth in Sec. 3-2.1{a).]
[(c)] fd
deputy I The starting salary for newly-hired deputy[appointees] county attorneys or
y prosecuting attorneys [as specified in See. 3-2.1(b)] shall take into consideration
education, years of experience, and qualifications coming into the position.
(e) For non-elected-positions, any salary increase for any officer or employee
occupying.a position in Sec. 3-2 l(c) is confiriggrit on the S.alga Commission's receipt of
certification from the officer's or em-plovee's.wpointing.,authority at least thirty(30) days prior to
the increase that:
(1) The appointeels,-performance has-been evaluated within the twelve 0 2)
month period immediately preceding the date of the proposed salary
increase, and
(2) .The results of the performance evaluation evidence that the appointee has
met or exceeded iob-requirements (for example,has achieved a rating of not less
than three points or higher in a five point scale) for the appraisal period.
The Director of Personnel shall gpprove.all performance evaluation Procedures and shall
coordinate the performance evaluations for mayoral appointees. The county attorney's
performance shall be evaluated by the mayor and the council. The Salary Commission shall
receive a copy of all current Performance-evgluation-Drocedures.
M Transitional provisions. Deputy county attorneys acrd dept prosecuting
attoie shall receive a twen -five 25 er cent crease on July 1, 2007, a seven (7) per cent
increase on j4pLaM 1, 2008, a seven(7)ver cent increase on Jana 4il 1, 2009, and a seven
cent increase on Jana Aa 1, 2010 provided that:
Performance review requirements have been met _4qd
ii The increased,sal W is less than the maximum salary in Sec..3-2.1(c)
For all positions listed in Sec. -2.1 LC ,the thij1Y 30 day Keguirement for submission of
certifications from the annoirifing authorities in Sec. 3-2.1(e) is waived for the first salary
increase effecti ve July 1
2Q07 Appointin iz zorities shall provide the certifications for ibis
salgy increase before July 1 2007,
[(d)] W Officers listed in Section 3-2.1 may receive a portion of their salary through the
County's payment of health fund premium benefits over and above the amount the County
normally contributes toward those officers' benefits. Amounts paid by the County which are
over and above the County's normal health fund premium contributions shall be deducted from
the affected officer's salary."
SECTION 4. Chapter 3,Article 3,Section 3-3.1 of the Kaua'i County Code 1987,is hereby
amended to read as follows:
"Article 3. SALARIES OF TIDE COUNTY COUNCIL
Sec. 3-2.1 Salaries of the County Council.
(a) The annual salaries,payable semi-monthly, of the Kaua'l County Council shall be
as follows:
Position Effective date
I/l/09
Council Chair [$39,500] $52,930
Councilmember [$35,100] $47,034
SECTION 5. Material to be deleted is bracketed. New material to be added is underscored.
SECTION 6. Severability. If any portion or portions of this Resolution are deemed invalid
or rejected by a vote of five(5)or more councihnembers,the other provisions of this resolution shall
not be affected thereby. If the application of this ordinance or any of its provisions to any person or
circumstances is held invalid,the application of this Resolution and its provisions to other persons or
circumstances shall not be affected thereby.
SECTION 7. Unless this Resolution is rejected by five (5) or more councilmembers, the
County Clerk and County Council shall take all steps to effect this resolution within thirty(30)days.
Should portions of the Resolution be rejected by a vote of five or more, the County Clerk and
County Council shall take all steps to effect the portions of the resolution not rejected within thirty
(30) days.
INTRODUCED BY:
Print version- D COPYRIGY1 2007 The Honolulu Advertiser- Haw M Newspaper, a division .. Page I of
lnoMverfiwcom
Posted on: Tuesday, April 3, 2007
Mayor, top officials may get pay hikes
9 StoryChat: Comment-on this-story
By Johnny Bramm
Advertiser Staff Writer
Honolulds mayor and dozens of other top officials could soon receive sizable pay hikes under a proposal to be voted on this month.
Mayor Mufi HannemamYs annual pay would climb from$122,000 to$128,100 as part of a package prepared by a special investigati-.
committee.
Hannernarm would remain the city's highest-paid official with the 5 percent raise-.
But City Prosecutor Peter Carlisle would receive the biggest boost a 10 percent raise that would increase his salary from$107,850 to
$118,635.
For the first time,he would be paid more than most other department heads. But he would still earn less than Police Chief Boisse
Correa and Fire Chief Kenneth Silva,whose pay would increase from$119,000 to$126,140 with 6 percent raises.
The committee determined in a report that the prosecutor's raise "is necessary in order to preserve a sensible relationship between that
salary and the salaries of other department heads."
Other officials would get raises of from 4.5 percent to 8 percent under the plan,to be considered April 20 by the city's Salary
Commission.If approved,the salary increases go into effect July I unless the nine-member City Council votes down the package.
The raises would cost taxpayers$233,419 next year.
The commission approved raises of 3 to 5 percent for most of the same officials last year.
Hannernarm reviewed the new proposal briefly yesterday but declined to comment in detail.
"Ifs a difficult time to be talking about pay raises for anybody,"he said.
The package comes as Hannemann's proposed city budget includes hefty sewer fee increases that could raise the average monthly bill
to more than$90 by 2011.
Many homeowners will also likely see property tax increases this year as assessed values continue to rise, though Hannemann and
council members have proposed some tax-relief measures to blunt the impact.
COUNCIL WOULD GET 5%
Commission chairman Guy Tajiri served on the panel that studied pay rates and recommended the compensation package.
"Ultimately,I hope to see the fall commission support it and vote for it,"he said-He declined to comment finther until the
commission meets to vote.
City Council members would receive 5 percent raises. Council Chairwoman Barbara Marshall said the various increases looked
reasonable.
"They don't seem untoward to me,"she said,noting that Honolulu's rising cost of living will essentially offset the lower pay increases.
1 .. II,I - I-___ , - - __ 1_ 1*,t. A 1-11 A-- A^ I . I
Sherman Shiraishi, Chair k Members:
r7" ,
Mary Lou Barela
Patrick Stack, Vice Chair Joel Guy
Ed Justus
Jan TenBruggencate
Carol Suzawa
KACA`I COUNTY CHARTER REVIEW COMMISSION
TO: Charlie King, Vice-Chair and Members of the Salary Commission
Cc: Gary Heu, Managing Director
FROM: Sherman Shiraishi, Chairperson
Via: John Isobe, Administrator, Office of Boards and Commissi
DATE: June 17, 2011
RE: Request for Review and Comments
■aaaaaaaaaaaaasaaaaaaaaasaaaaaaaaaaaaaaaaaaa�aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai
At its meeting on May 23, 2011, the members of the Charter Review Commission who were
present unanimously approved that the Charter amendment proposal attached hereto as Exhibit
"A"be transmitted to the Salary Commission for its review and comments regarding its proposed
language changes to the County Charter, Article XX1X Salary Commission, Article XXIII
General Provisions, Article VII Mayor.
The Charter Review Commission plans on putting this proposed amendment back on a
future agenda once it receives comments from you. We look forward to hearing from
you.
If you have any questions, please contact Paula,Morikami at 241-4922
Thank you.
C 2011-04
Various Proposed Amendments Relating to Salaries of County Officers.
Article XXIX of the Kaua'i County Charter shall be amended to read as follows:
"ARTICLE XXIX
SALARY COMMISSION
Section 29.01. Organization. There shall be a Salary Commission composed of seven
members to establish the maximum salaries of all [councilmembers and all officers
and employees included in Section 3-2.1 of the Kauai County Code 1987, as
amended] elected and appointed officers as defined in Section 23.01 D of this
Charter.
Section 29.02. Policies. The commission shall adopt and, when it deems necessary,
may change the policies governing its salary-setting decisions.
Section 29.03. Resolution. The commission's salary findings shall be adopted by
resolution of the commission and forwarded to the mayor and the council on or
before March 15 'of any calendar year. [Subject to Section 29.05, the] The resolution
shall take effect without the mayor's and council's concurrence sixty days after its
adoption by the commission unless rejected by a vote of not less than five members
of the council. The council may reject either the entire resolution or any portion of
it. The respective appointing authority may set the salary of an appointee at a
figure lower than the maximum figure established by [ordinance] the salary
commission for the position. Provided however, elected officers may voluntarily
accept a salary lower than the maximum figure established by the salary
commission for their position.
Section 29.04 Rules. The commission shall establish its rules of procedures and
adopt rules and regulations pursuant to law.
Section 29.05 Changes in Salary. No change in salary of councilmembers 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.
Revised Draft: 5-23-11 EXHIBIT A
(Articles XXIX,XXIII&V11—County Salaries)
Section 29.061 Administration and Operation. The mayor and council shall provide
an annual appropriation sufficient to enable the commission to secure clerical or
technical assistance and pay other operational costs in the performance of its
duties."
Revised Draft: 5-23-11 EXHIBIT A
(Articles XXIX,XXIII&V11—County Salaries)
Article XXIII, Section 23.01 D of the Kauai County Charter shall be amended to read
as follows:
ARTICLE XXIII
GENERAL PROVISIONS
"Section 23.01. Definitions.
D. The term "officer" shall include the following:
(1) Mayor, prosecuting attorney, and members of the council.
(2) Any person excluded from Chapter 76, HRS and the position
classification plan who is appointed as administrative head of any
department or agency of the county [or as a member of any board or
commission].
(3) [The first deputy] Deputies appointed by the administrative head of
any department or agency of the county who are excluded from
Chapter 76, HRS and the position classification plan.
[(4) Deputies of the county attorney.]
Article V11, Section 7.03 of the Kaua'i County Charter shall be amended to read as
follows:
ARTICLE VII
MAYOR
"Section 7.03. Compensation. The salary of the mayor shall be [$19,000.00 per
annum which shall be subject to change by the council. The salary of any incumbent
shall be reduced only in the event that a general reduction in salaries of all county
officers and employees is simultaneously effected] established in accordance with
the provisions of Article XXIX of this Charter.
Note: Charter material to be repealed is bracketed. New charter material is
underscored.
Revised Draft: 5-23-11 EXHILB'41T A
(Articles XXIX,XXIII&vit—county Salaries)
ORDINANCE NO. 907 BILL NO. 2395, Draft I
A BILL FOR AN ORDINANCE
TO AMEND CHAPTER 3, OF THE KAUAI COUNTY CODE 1987,
AS AMENDED, RELATING TO THE SALARIES
OF COUNTY OFFICERS AND EMPLOYEES
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF
HAWAI'L
SECTION 1. Findings and Purpose. The purpose of this ordinance is to
conform Chapter 3 of the Kaua'i County Code 1987, as amended, with Section 29.03
of the Kaua'i County Charter. Said Section 29.03 provides that the Salary
Commission's salary findings shall be adopted by resolution of the Commission and
forwarded to the Mayor and the Council on or before March 15, and that subject to
Section 29.05 of the Charter, the resolution shall take effect without the Mayor's
and Council's concurrence sixty (60) days after its adoption unless rejected by a vote
of not less than five members of the Council.
SECTION 2. Chapter 3, Article 2 of the Kaua'i County Code 1987, as
amended, is hereby amended to read as follows:
"ARTICLE 2. SALARIES OF CERTAIN OFFICERS
See. 3-2.1 Salaries of Certain Officers.
[(a) Effective July 1, 2004, the annual salaries, payable semi-monthly, of
certain county officers and employees shall be as follows:
POSITION
Mayor $80,000
Administrative Assistant $77,000
County Engineer $75,000
Deputy County Engineer $63,480-$69,000
Director of Finance $75,000
Deputy Director of Finance $63,480-$69,000
County Attorney $75,000
First Deputy County Attorney $63,480-$69,000
Deputy County Attorney $60,720-$66,000
Prosecuting Attorney $75,000
First Deputy Prosecuting Attorney $63,480-$69,000
Deputy Prosecuting Attorney $60,720-$66,000
Chief of Police $75,000
Deputy Chief of Police $63,480-$69,000
SC 2010-08(a)
Planning Director $75,000
Deputy Planning Director $63,480-$69,000
Director of Personnel $72,000
Manager and Chief Engineer,
Department of Water $75,000
Deputy Manager-Engineer,
Department of Water $63,480-$69,000
Fire Chief $75,000
County Clerk $75,000
Deputy County Clerk $63,480-$69,000
Director of Economic Development $72,000
Director of Liquor Control $72,000
Director of Community Assistance $72,000
(b) The respective appointing authority may set the starting salary and
increases in salary of an appointee at any figure below the established salary,
provided, however, the starting salary of any deputy appointee shall not be less
than the minimum established salary set forth in See. 3-2.1(a).
(c) The starting salary for newly-hired deputy appointees as specified in
Sec. 3-2.1(b) shall take into consideration education, years of experience, and
qualifications coming into the position.
(d) Officers listed in Section 3-2.1 may receive a portion of their salary
through the County's payment of health fund premium benefits over
and above the amount the County normally contributes toward those
officers' benefits. Amounts paid by the County which are over and
above the County's normal health fund premium contributions shall be
deducted from the affected officer's salary.]
The annual salaries, payable semi-monthly, of certain county officers and
employees shall be as established, in the resolution adopted by the Salary
Commission and currently in efLect, Provided, however, that the respective
appointing authority may set the salary and increases in the salary of an appointee
at any figLire below the figgre,established by the Salary Commission:
Mayor
Managing Director
County Engineer
Deputy County,En finer
Director of Finance
Deputy Director of Finance
County Attorney
First,Deputy County Attorney
Deputy County Attorney
2
Prosec atiniz Attorney
First Deputy Prosecuting Attorney
Deputy Prosecuting Attorney
Chief of Police
Deputy Chief of Police
Planning Director
Deputy Planning Director
Director of Personnel
Manager and Chief Engineer, Department of Water
Deputy Manager-Engineer, Department of Water
Fire Chief
Deputy Fire Chief
Director of Parks
Deputy Director of Parks
Director of Housing
County Clerk
Deputy County Clerk
County Auditor
Director of Economic Development
Director of Liquor Control
Boards and Commissions Administrator"
SECTION 3. Chapter 3, Article 3 of the Kauai County Code 1987, as
amended, is hereby amended to read as follows:
"ARTICLE 3. SALARIES OF THE COUNTY COUNCIL
See. 3-3.1 Salaries Of The County Council.
[The annual salaries, payable semi-monthly, of the Kauai County Council
shall be as follows:
Position 111197 111/98
Council Chair $30,563 $31,938
Councilmember $27,506 $28,7441
The annual-salaries, payable semi-monthly, of the Kauai County Council
shall b as established in the resolution ado ted the Solar Commission and
currently in effect rorided however that no than e in solar of councilmembers
shall be effective during the term in which the change is enacted or for twenty-fou
'24 months after the than e is enacted whichever is less."
SECTION 4. Ordinance material to be repealed is bracketed. New
ordinance material is underscored.
3
SECTION 5. This Ordinance shall take effect upon its approval.
Introduced by:
Isl Mel Rapozo
Date of Introduction:
January 12, 2011
Ulhu'e, Kaua'l, Hawaii
V:\CS OFFICE FILES\BILLS\2010-2012 term\Chatter-Salary Commission bill draft 1 v 1 for 4-20-2011.doc
4
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of
Bill No. 2395, Draft 1, which was adopted on second and final reading by the Council
of the County of Kaua'i at its meeting held on April 20, 2011, by the following vote:
FOR ADOPTION: Bynum, Chang, Kuali'i, Nakamura, Rapozo, TOTAL— 7,
Yukimura, Furfaro
AGAINST ADOPTION: None TOTAL-0,
EXCUSED & NOT VOTING: None TOTAL—0.
Liihu'e, Hawaii
April 21, 2011 Peter A. Nakamura
County Clerk, County of Kaua'i
ATTEST:
Jay Fur
Chairm Officer
M
DATE OF TRANSMITTAL TO MAYOR:
Approved this day of
April 2011.
Bernard P. Carvalho Jr.
Mayor
County of Kaua'i
COUNTY OF KAUAI
R ff CD E IVED OFFICE OF THE COUNTY ATTORNEY
A9 58 CONFIDENTIAL
Attorney-Client Communication
and/or Attorney Work-Product
dNt
j ,
N _: March 11, 2011 RELEASED TO PUBLIC
TO: Jay Furfaro, Council Chair BY UNANIMOUS VOTE
AT APRIL 20, 2011,
FROM: Mona W. Clark, Deputy County Attorney COUNCIL MEETING
SUBJECT: Salary Ordinance
(Tracking No. 11-0199)
This opinion responds to your memorandum, dated February 23, 2011, regarding
authority of the Council and the Salary Commission to establish procedures for
performance evaluations as a condition of an appointee's raise.
Issues:
1. Is H.R.S. §46-23 valid in light of the home rule provisions contained in Article Vill,
Section 2 of the Constitution of the State of Hawaii?
2. Given Article Vill, Section 2 of the HawaN Constitution ("Constitution") and
H.R.S. §46-23, are the provisions of Section 29.03 of the Charter valid?
3. Assuming that the provisions of Section 29.03 of the Kauai County Charter
("Charter') are valid, does the Salary Commission have the authority to require
performance evaluations as a condition of an appointee's raise? Are the provisions in
Section 1, Article 1, paragraphs (d) and (e) of the Salary Commission's Resolution No.
2010-1 relating to personnel evaluations valid?
4. Does Council have authority to require, by ordinance, personnel evaluations as a
condition of an appointee's raise? Can Council set the parameters of the evaluation?
Is the requirement a violation of the separation of powers between the Administration
and the Council?
5. Given the stated purpose of Bill No. 2395, does the bill, as amended, violate
Section 4,020 of the Charter?
6. Can the Salary Commission or the Council require the Director of Personnel
Services to prepare performance evaluations of appointees?
4),
SC 2010-08 (b) W
)7
Jay Furfaro, Council Chair
Page 2
March 11, 2011
7. Does the provision in Article 1, Section 1, Paragraph (e), authorizing the Mayor to
approve written performance evaluation procedures for all non-elected officers and
employees, listed in the Resolution, which includes appointees of the Council and the
Prosecuting Attorney, violate the doctrine of separation of powers or any provision of
the Charter?
Responses:
1. The Charter prevails over statutory provisions as to matters concerning the
organization and structure of the County government provided there is no issue of
statewide concern.
2. Section 29.03 of the Charter is valid.
3. The 2006 Charter Amendments granted authority to make findings concerning
salaries including a finding that a performance evaluation was required_
4. The Salary Commission can require a performance evaluation as a condition of
an appointee's raise. It cannot dictate the substantive parameters for the evaluations.
5. The amended bill changes its original purpose and is in violation of Section 4.02
(C) of the Charter.
6. - The Director of Personnel Services can prepare, design, and create the format,
procedures, and methodologies that become the evaluation process. However, the
Director cannot dictate the substance of the reviews or perform the reviews.
7. Provided that the distinction between procedure and substance is observed,
there is no violation of the separation of powers.
1. Local Self-Government
The original Constitutional provision on local government was contained in Article VII,
Section 2, Local Self-Govemment: Charter and did not grant charter provisions
precedence over state laws in any area. Amendments in 1968 and 1978 granted the
counties limited "home rule". Renumbered as Article Vill, Section 2, the provision now
states:
Each political subdivision shall have the power to frame and adopt a
charter for its own self-government within such limits and under such
procedures as may be provided by -general law. Such procedures,
however, shall not require the approval of a charter by a legislative body.
Charter provisions with respect to a political subdivision's executive,
legislative and administrative structure and organization shall be superior
Jay Furfaro, Council Chair
Page 3
March 11, 2011
to statutory provisions, subject to the authority of the legislature to enact
general laws allocating and reallocating,powers and functions.
A law may qualify as a general law even though it is inapplicable to one or
more counties by reason of the provisions of this section.
A county, by charter, may reallocate responsibilities affecting organization and
governance of a county. HIRS §50-10, Publication and submission to electors, provides:
Upon adoption, the charter shall become the organic law of the county and
shall supersede any existing charter and all laws affecting the organization
and government of the county which are in conflict therewith.
HIRS §50-15, Reserved powers, expressly reserves to the state legislature fiscal matters
and matters of statewide concern.The section states:
Notwithstanding the provisions of this chapter, there is expressly reserved
to the state legislature the power to enact all laws of general application
throughout the State on matters of concern and interest and laws relating
to the fiscal powers of the counties, and neither a charter nor ordinances
adopted under a charter shall be in conflict therewith.
Based on the constitutional and statutory provisions, the Hawaii Supreme Court found
that charter provisions pertaining to qualifications for the positions of directors of the
department of liquor and water supply were superior to statutory provisions, but that
charter provisions which conflicted with statutes in the areas of personnel and
procedure were void. Hawaii Government Employees Association v. County of Maui,
59 Haw. 65, 576 P.2d 1029 (1978).
Citing the State's retained authority to enact laws of statewide concern under Article
Vill, Section 6 of the Constitution, the Hawaii Supreme Court stated "the power of the
legislature to enact laws of statewide concern regarding local self-government cannot
be diminished." City and County of Honolulu v. Ariyoshi, 67 Haw. 412, 689 P.2d, 757
(1984)
The court opined that "under 'article Vill, the counties established ordinances to create
pay rates for their executive officers." The Court noted that HRS §76-77(1) and (2)
govem the status of the mayor, elected officers, heads of departments and other
managers and supervisors and exempt them from the civil service statutes. However,
the court found that statutes, pertaining to salaries of county officers and employees
exempt frOM civil service, Which prohibited arty salary increase of certairr public officers
whose salary was directly or indirectly dependent upon public sector's collective
1 Article Vill, Section 6 states -this article shall not Omit the power of the legislature to enact taws of statewide
concern."
Jay Furfaro, Council Chair
Page 4
March 11, 2011
bargaining process, did not violate constitutional home rule provisions, as subject of
statutes were matters of statewide concern. Therefore, county officers' salaries will
become matters of statewide concern if the salaries are tied to issues dealt with by civil
service statutes, collective bargaining or other statute with statewide impact.2
However, absent a state law relating to civil service, collective bargaining or other
matter of statewide concern, the counties may establish new mechanisms for setting
salaries for their executive officers and others exempted from the civil service.
However, if there is a conflict with a statute setting out a matter of statewide concern,
the statute will prevail.
H.R.S. 46-23 does not have a nexus with a matter of statewide concern and is
subordinate to the Charter provision establishing the Salary Commission.3
2. Validity of Charter Section 29.03
In Hawai'i Government Employees Association v. County of Maui, the Hawaii Supreme
Court found that HRS §50-10 was designed so that conflicting statutes would not
invalidate any charter provisions which related to organization and government of the
county. The court stated "[11t: is to be observed that the organization of counties with
their proper officers for attending to their own affairs necessarily is inconsistent with all
those laws of HawaN relating to such portions of the duties of Territorial officers as
property are included in the duties and functions of county officers." The court found
Maui's Charter provisions concerning the structure of the water board police and liquor
control were matters of local concern and were superior to statutory provisions in these
areas. The court held that the local rule provision of the constitution "allows a county,
through its charter, to redelegate to another appropriate local officer or body a power
originally delegated by the legislature to another body." Ibid. page 1039. Therefore,
Section 29.03 is valid.
3. Validity of Evaluation Requirements in Salary Resolution
HRS §§76-12 and 76-13 set forth the general and specific powers and duties of the
personnel director. These duties range from advising the mayor on policies and
2 HRS §5G-15, RMrved poygLs, expressly reserves to the state legislature fiscal matters and matters of statewide
concern.The section states.
Notwithstanding the provisions of this chapter, there is expressly reserved to the state legislature
the power to enact all laws of general application throughout the State on matters of concern and
interest and laws relating to the fiscal Powers of the counties,and neither a charter not ordinances
adopted under a charter,shall be in conflict therewith.
3 The statute, as enacted in 1951 (prior to statehood), referred to 'the board of supervisors of the
respective city and county or county governments* rather than 'the council of the respective county
governments*. The change in the referenced body appears to have occurred as part of the revision of the
statutes required by statehood. The statute was not an attempt to enact a law of statevAde concern but
merely a default procedure to be utilized absent an established procedure.
Jay Furfaro, Council Chair
Page 5
March 11, 2011
problems concerning the human resources program to fostering and developing, in
cooperation with appointing authorities and others, programs for the improvement of
employee efficiency. There is a directive to cooperate fully with appointing authoritieS4
to increase efficiency and productivity in governmental departments by continuously
improving methods of human resources administration. There is also a grant of
authority to perform any other lawful acts deemed by the director to be necessary or
desirable to carry out the purposes and provisions of the civil service laws. The general
nature of the assigned duties makes it clear that the state legislature was not attempting
to preempt all matters within the director's powers and occupy the entire area within the
director's potential control, but was in fact assigning the personnel director the
responsibility of working with the Mayor and various boards and commissions which act
as appointing authorities.
As Charter Section 15.01 states that the department.of personnel services- is being
established for "the purpose of establishing a system of personnel administration based
upon merit principles" and as Section 15.04 grants the director responsibility for "the
execution of the personnel program prescribed in this charter and in the ordinances and
regulations authorized by this charter", the director can set certain procedural guidelines
for evaluations.
Section 29.01 states "Mhere shall be a Salary Commission composed of seven
members to establish the salaries of all councilmember's and all officers and employees
included in Section 3-2.1 of the Kauai County Code 1987, as amended. Section 29.03
states "the commission's salary findings shall be adopted by resolution of the
commission". The Charter does not limit the salary Commission's findings to setting a
salary schedule.
Generally, the powers of a municipal department are those expressly granted, those
which are necessarily or fairly implied in, or incidental to, express powers, or those
which are essential or indispensible to the declared purposes of the municipal
corporation. See 62 C.J.S. Municipal Corporations §448. The Salary Commission
implied authority includes establishing the effective date for increases in salaries. The
authority to require satisfactory performance in order to qualify for a raise may also be
said to be fairly implied in the grant of authority to the Salary Commission.
The Salary Commission resolution requires only that covered individual "has met or
exceeded job requirements" to qualify for a pay raise. The resolution does not alter the
party performing the evaluation or establish the criteria for the evaluation. Therefore, it
does not interfere with the separation of powers.
4 *Appointing authority'is defined by HRS §75-11 as meaning'a department head or designee having the power to
make appointments or changes in the status of employees.*
Jay Furfaro, Council Chair
Page 6
March 11, 2011
4. Council Authority
The Salary Commission's authority is limited by Section 29.01 to "council members and
all officers and employees included in Section 3-2.1 of the Kaua'i County Code 1987, as
amended." Its findings are then transmitted to the Council which can reject the
resolution in whole or in part. Section 7.05E grants the mayor authority for
recommending to council "a pay plan for all officers and employees who are exempt
from civil service and the position classification plan and who are not included in Section
3-2.1 of the Kauai County Code 1987, as amended."
Pursuant to Section 29.03, the Council's authority is limited to rejecting all or a portion of
the salary resolution. It is not granted authority to craft a salary resolution of its own.
Therefore, the Council is without authority to set parameters for the evaluations of
employees covered by Kauai County Code Section 3-2.1. However, the Council could
reject the salary resolution requirement for evaluations if they violated the separation of
powers set forth in the Charter. Likewise, the Council should not establish a pay plan
under Section 7.05E which violates the separation of powers.
The Charter establishes a framework which sets forth supervisory authority and in
certain instances explicitly delegates authority for performing evaluations. For example,
the Mayor has authority to appoint and remove the administrative assistant and all
department heads. Section 6.04A. Except as otherwise provided, the mayor exercises
direct supervision over all departments. Section 7.05A. This direct supervision
necessarily encompasses the power to evaluate the personnel who the mayor appoints
and may remove.
Similarly, the Fire Commission is granted authority to "[E]valuate at least annually the
performance of the fire chief. Section 12-05 D. The Board of Water Supply is granted
authority to appoint the department head and prescribe his powers and duties. The
Salary Resolution does not seek to change the individuals or entities which are
assigned supervisory authority under the Charter or to establish the powers or duties
assigned to these individuals- Any attempt to change the governmental structure
established by the Charter would be invalid. If the Salary Commission or Council were
to set the job descriptions for mayoral or commission appointments, or do so by
requiring and weighting job responsibilities, a separation of powers issue would arise.
5. Amendment of Bill No. 2395
Charter Section 4.02(0) states in pertinent part that "fnjo bill shall be so amended as to
change its original purpose.0 The stated purpose of the bill is to "conform Chapter 3 of
the Kauai County Code 1987, as amended, with Section 29.-03 of the 'Kaua'i County
Charter." The bill, as amended, goes beyond the stated purpose to address the issue of
performance reviews and is not in compliance with Charter Section 4.02(C).
Jay Furfaro, Council Chair
Page 7
March 11, 2011
The Charter sets out the organic law of the County. However, Charter Section 29.01
grants the Salary Commission authority to craft a salary resolution for the council
members and all officers and employees included in Section 3-2.1 of the Kaua'i County
Code, as amended. The mayor is granted the authority to recommend and the council
to approve a pay plan for the balance of the officers and employees not covered by
Kaua'i County Code Section 3-2.1, as amended. Charter Section 7.05E. Conforming
Section 3-2-.1 to the Article XXIX of the Charter will involve a determination of the scope
of Article XXIX.
A review of the ballot question and Ramseyered version of Article XXIX supports the
conclusion that it was the intent of the 2006 Amendments to have the Salary
Commission's authority extend to "all councilmembers and county officers and
employees who are exempt from civil service." 2006 Charter Question 5 attached as
Exhibit A. Expanding the coverage of Kaua'i County Code Section 3-2.1 is consistent
with Charter Sections 7.0513 and C, pursuant to which the mayor can appoint staff
whose positions are not set forth in the Charter and create new positions.5 The
reference to Kauai County Code Section 3-2.1 appears to be a tacit recognition that the
employees listed in Section 3-2.1 are subject to change. Therefore, it is appropriate to
amend Kaua'i County Code Section 3-2.1 to include additional officers and employees.
6. Preparation of Performance Evaluations
The powers of a municipal department are those expressly granted, those which are
necessarily or fairly implied in, or incidental to, express powers, or those essential or
indispensible to the accomplishment of the declared purposes of the municipal
corporation. See 62 CJS Municipal Corporations §448. As the appointing body
generally has the power to remove the appointee, it has inherent authority to evaluate
performance. Absent a Charter amendment, this authority may not be delegated to the
personnel director.
The Personnel Director can prepare, design, and create for the approval of the Mayor,
an evaluation process including the procedures and methodologies that are to be
incorporated into the review process. The Director may also administer and coordinate
the performance evaluation process for the non-elected officers and employees to
ensure it is fairly administered. The Personnel Director is responsible for the proper
conduct of all administrative affairs of the Department of Personnel Services and for the
execution of the personnel program prescribed in the Charter and the "ordinances and
regulations authorized" in the Charter. Section 15.04. Therefore, the Personnel Director
is the appropriate official to execute these administrative duties.
The Personnel Director should design an evaluation process that includes the
appropriate procedures and methodologies that reflect the current industry standard for
5 The mayor has authority to*[A]ppoint the necessary members of his staff and other employees and officers whose
appointments are not otherwise provided*by the Charter,Section 7.058,and to'[Clreate positions authorized by the
council and for which appropriations have been made*,Section 7.05 C.
Jay Furfaro, Council Chair
Page 8
March 11, 2011
executive evaluation yet allows for the particular needs of the County and the various
departments to be incorporated. The Personnel Director cannot create procedures
which dictate the substantive aspects of a particular evaluation format or dictate the
various factors, how they should considered or the weight that should be assigned to
any particular criterion. The Director should be mindful not to create an evaluations
process that is so rigid or regimented that is does not allow the reviewing body to
exercise their independent judgment in their review of the officer or employee.
7. Separation of Powers
Provided that the Director of Personnel is involved in the procedural aspect of the
performance reviews and refrains from becoming involved in the substantive aspects of
the reviews, there will be no Violation of the separation of powers doctrine.
If you would like this office to opine on other issues involving the Salary Commission
which can arise under the Charter, please submit them for'review.
MZuA W. CLARK
D uty County Attorney
APPROVED:
ALFRED B. CASTILLO, J
County Attorney
Enclosure(s)
OF
too$
Bernard P. Carvalho,Jr. 4 Gary K. Heu
Mayor Managing Director
C
-11"i rov�
OFFICE OF THE MAYOR
County of Kauai, State of Hawaii
4444 Rice Street, Suite 235,L-thu'e, Hawaii 96766
TEL(808)241-4900 FAX(808)241-6877
July 15, 2011
Mr. Charlie King, Chair
Salary Commission
County of Kaua'i
c/o Office of Boards and Commissions
4444 Rice Street, Suite 150
Uhu'e, Hawaii 96766
Dear Chair King and Commission members:
Aloha, and Mahalo for your service to the people of Kaua'i. As you may be aware, we are
currently in contract negotiations with the four unions which represent various employee groups
in the County of Kaua'i.
The County has reached a supplemental agreement with the Hawai'i Government Employees
Association(HGEA), which calls for a zero percent increase for these employees in fiscal year
2012. We have budgeted across the board for no salary increases for County employees in fiscal
year 2012, including all officials covered under the Salary Ordinance.
Since the Salary Commission has sole authority over the salary of the Mayor, I am asking you to
take measures to insure that the proposed increase for the Mayor scheduled for July 1, 2011 be
deferred until such time as economic and budgetary conditions improve.
Your assistance is very much appreciated.
Mahalo n i loa,
Bernard P. Carvalho, Jr.
Mayor
SC 2010-08(c)
An Equal Opportunity Employer