Loading...
HomeMy WebLinkAbout120211 Meeting Packet Charles King i E C E I E C Members: Chair Trinette Kaui William Kahle Robert Crowell NOV 23 012 :08 Sheri Kunioka-Volt Vice- Chair Randall Machado Randy Finlay T HE COUI_ITY IL COUNTY OF KAUAI SALARY COMMISSION NOTICE OF MEETING AND AGENDA Friday, December 2, 2011 9:00 a.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2Al2B 4444 Rice Street, L-1hu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of August 5, 2011 ELECTION OF OFFICERS FOR 2012 COMMUNICATIONS SC 2011- 10 Communication dated 10/24111 from Council Chair Jay Furfaro, requesting time at the next meeting to provide testimony regarding several concerns relating to Salary Resolution No. 2011-1 SC 2011-11 Communication dated 11/3/11 from Horace Stoessel requesting time at the next meeting to discuss what may/should be included in salary resolutions. BUSINESS SC 2011-12 Discussion and possible decision-making on whether the County Council, as the appointing authority, should be the body to evaluate the performance of the County Auditor as provided for in Section 32.02 D of the Charter SC 2011-13 Discussion and possible decision-making on the possible hiring of a consultant to conduct a review of salaries including, but not limited to, fringe benefits of council members and all officers and employees included in Section 3-2.1 of the Kaua'i County Code SC 2011-14 Discussion and possible decision-making on establishing salaries for the fiscal year 201212013 for council members and all officers and employees included in Section 3-2.1 of the Kaua'i County Code An Equal Opportunity Employer EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes, §§92-4, 92-5 (a) (4) and (8), the purpose of this Executive Session is to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item and to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order. ES- I Complaint filed in Fifth Circuit Court by Councilmember's Mel Rapozo and Kipukai Kuali'i naming the County of Kaua'i, several members of the County Council, and the Salary Commission as defendants which seeks a declaratory judgment concerning the interpretation of Section 29.03 of the Charter, specifically that the word"shall" contained in Section 29.03 of the Charter is mandatory rather than directory and that Resolution 2011-1 is void as it was submitted after March 15, 2011. ANNOUNCEMENTS ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7 (a). The Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described n HRS §92-5(a). cc: Deputy County Attorney Mona Clark 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 Salary Commission— December 2, 2011 2 Send written testimony_12� Salary Commission Attn: Mercedes Youn Office of Boards and Commissions 4444 Rice Street, Suite 150 Uhu'e, HI 96766 E-mail: myoun(a-1kauai.,go 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- December 2, 2011 2 Kaua'i County Salary Commission Minutes of Meeting OPEN SESSION 9:00 a.m. August 5,2011 DRAFT With a quorum being present,the regular meeting of the Salary Commission of the County of Kaua'i was called to order by Chair Charles King at 9:05 a.m. at the Mo'ikeha Building, Liquor Conference Room No.3. Members present: Charles King, Chair Robert Crowell, Vice-Chair Trinette Kaui Sheri Kunioka-Volz William Dahle Randy Finlay Absent/excused: Member Michael Machado. Others in attendance included: Karen Matsumoto, Personnel Program Analyst.- Mona Clark,Deputy County Attorney; John Isobe,Administrator; Paula Morikami. Administrative Aide: and Mercedes Youn, Support Clerk. Approval of Minutes Meeting Minutes of July 26, 2011 Mr. Dahle moved to approve the minutes as circulated. Ms. Kaui seconded the motion. Motion carried 6:0 Chair King: We need to add to the agenda and receive the following three (3) communications: 1. Communication dated 07/27'11 from the Salary Commission to Chair Sherman Shiraishi and Members of the Charter Review Commission, supporting the proposed language changes to the Kaua'i County Charter,Article XXIX, Salary Commission; Article XXIX General Provisions; and Article V11 Mayor. 2. Communication dated 07/27/11 from Malcolm Fernandez, Director of Personnel Services, regarding a recommendation for setting the salary for the Boards and Commissions Administrator. 3. Communication dated 08/05/11 from Council Vice-Chair JoArm A. Yukimura to Chair Charles King and Members of the Salary Commission,regarding Proposed Resolution 2011-1 relating to the Salaries of Certain Officers and Employees of the County of Kaua'i. SC Minutes of August 5, 20111 Ms. Kaui moved to add to the agenda and receive all three(3) communications for the record. Mr. Crowell seconded the motion. Motion carried 6:0. Business• SC 2010-09 Discussion and decision-making on a draft Resolution No. 2011-1 Relating to the Salaries of Certain Officers and Employees of the County,of Kaua'i. Chair king: Our only piece of business today is the draft Resolution 2011-1 that was discussed at the last meeting. Let's first discuss the letter from Council Vice-Chair JoAnn Yukimura. In her first comment it seems to be just a statement pertaining to the performance evaluations. The second is a suggestion that the subject resolution includes salary levels for present and future and excludes any pay schedules from the past: this is something that we can consider in the future. As for her third point.. I'm not sure what it relates to because she talks about giving the Mayor the authority to postpone the salary increases? Isn't that what our draft is doing...postponing the salary increases. I think that she may be suggesting that we add a provision to Resolution 2011- 1. Mr. Crowell: I have a question relating to that. On July 1, 2011, and maybe John can answer the question, in our last resolution it states that the appointees would receive their salary increases effective Julyl, 2011. Did they receive the increase? Or was it postponed? Mr. Isobe: It is my understanding at this point and time that all of the proposed salary increases effective July 1, 2011 are in limbo because it is based on the Mayor's desire to maintain the existing salaries and take into consideration the actions of the Salary Commission relating to draft Resolution 2011-1. If the Commission decides that the salaries should be increased, the County Administration would then begin to receive the increase, but at this point the salaries are in limbo. Mr. Crowell: So what you're saying is that the salaries didn't automatically go up? Mr. Isobe: Not yet. Mr.Dahle: Does that mean that the Mayor has issued an order to freeze the salaries, and does he have the authority to do that? Mr. Isobe: No,not at this time. Mr. Dahle: Okay. Mr. Isobe: I think that was the overriding question that was discussed at the Commission's last meeting in that the Resolution that was passed previously by this body which states that the Council and the Mayor could freeze the wages based on the budget and in fact this current budget does not provide for any salary increases. Another question that arose was whether or not 2 i P a ja e the Commission's Resolution which states that the Council and Mayor could freeze the salaries based on the budget was au improper statement or not because only the appointing authorities can freeze the salaries. The Mayor has the authority to freeze the salaries of all ofthe Department Heads who are under his jurisdiction. For on example, the Mayor has the authority to freeze the salary ofthe County Engineer but bcdoes not have the authority to unilaterally freeze the ou|mry of the yluooio� Director. But rather than go through the steps usvve did during the fodoogbs, vvbiob was to seek each appointing authority's approval to freeze the salaries,the Administration decided to wait for the Salary Commission's decision on the draft Resolution 2O|l-l' King:Chair So in other words,the salaries that we are setting are simply maximums and that it doesn't have to go up, but it's a matter of ease so that you don*t have to approach each Commission. : l'ca. None of the Cornnnioaioum have made any decisions on whether to raise the salaries or freeze the salaries. King:Chair Okay. : So what are they getting paid now? : They are currently being paid olthe 20O8 salary level and less nf what isbeing proposed for July i : SV what they're getting is what the Resolution provides? Mr._isobe: Correct. =======, _'_�. : So that we are clear, what the Administrative Department Heads are getting paid are the salaries that are listed under the date |70l08 in the Resolution. : Okay,thank you. Chair � Moving on to number 4. 1 am not sure... it seems like she is suggesting different Uutsm. Crowell: She seems to be referring to duioy that don't mmc. : xca. Finlay: i think what she is referring to are the dates in the draft Resolution 2011-1 under Article 2 Salaries of the Prosecuting Attorney and Deputies. If you took, there is 12/0 1/09 date. Ms. Kaui: Right. and that is alreadv in effect and that is where the disparity is. Finlay: So what think that Councilwoman Yukimnre is suggesting is to change the 12/01/09 date to 12/01/12 to bc consistent but l believe that it is too late. Ms. Kaui: Yes, }no`r� dobtn/coanno rcUnb. King:Chair John, the six (h) positions that are highlighted io the draft Resolution 2011-1, the ones with the disparities, are not iou}ndcd in Article and Employees (b) of the draft Resolution. Mr. Isobe: There are three (3) groups ofpositions. The Administration, Prosecuting Attorney, and the County Council. King:Chair Okay. So we are not suggesting any increases for those positions.. we are just considering where they are right now and that is the only reason v/hv they are in the Rcmo|ubuo. : l think since they have already been granted the raises, it`s too late to change the benchmark date and we have to let it stay the way itiswritten in the Resolution. King:Chair Right. Crowell: And the assumption is that the raises are already budgeted ms part of the current budget. : Yes, l believe that isatrue uta1ecuco1. Finlay: It sounds like this Resolution really addresses u lot oFCouncilwoman l/ukirnnoo"s monoccom. Because with the adoption of draft Resolution 2Uli-1, it pushes the pay raises back which solidifies what the Mavor has decided to do without having to issue an executive order because the Resolution will bc already iuplace. King:Chair Thanks for catching that Randy. King:Chair Moving oo the numbers five (5)and six (M) it seems iobc just statements relating to the performance reviews. King:Chair l un) not quite mno: about number seven/7). Who is the appointing authority for the Coun�Auditor7 : I must admit that Councilmember Yukimura does raise an interesting point. 8cconmc usl understand k'..} will just read Section 32.01 of the County Code that pertains to the County Auditor. (A.) There im established within the lc9iolo1ipo branch anoffice of the County Auditor, 1ohcheaded by a County Auditor who shall be appointed by the County Council and shall serve for a period of six (6)years, and thereafter, unti I a successor is appointed. The Salary Commission shall fix the salary Vf the county auditor. The County Council. bn two-thirds vote of its membership, may remove the County�\uditor from office at any time for cause. : That io what she referring 10 when she says '\jimcouuCut"? Mr. Isobe: The way that the salary ordinance is currently set up, it shows that the County Auditor io appointed 6v the County Council. However, the interesting thing lm that the Office nf the County Auditor philosophically has been set uptobe independent mfany entity. lbelitve what Councilwoman Yukirnuoa is trying to say when she uses the teon '^dioc000cut" io that the Auditor's office is suppose tmhc independent nf any entity, but then who should determine whether or not that individual gets uoaims? Whoever provides the raise for that person would then hebeholding tn that entity mcindividual. One thing that this Commission may want to consider is to have the County Auditor evaluated similar tVthat of the County Attorney. If you took at how the County Attorney is being evaluated,the County Attorney's position is the only position in the County that requires confirmation 6v the County Council. The previous Commissions have said that the County Attorney should be evaluated bv both the County Council and the Mayor. So you may want bu take the County Auditor and insert that position under the same evaluation criteria pvbcrcboth branches of government can evaluate the performance. King:Chair |e the County Attorney's salary set by the County Council? : The salary is set by the Mayor and the perfon-nance evaluation of that position would then trigger whether or not u salary increase should beproposed. ~ King:Chair l would think the Mayor should be the one approving the salary. Ms. Clark: } don't think that there is uovd/bmg in the Charter that gives the Administrative branch any control over the County Auditor. : Tho1`s1rue. Clark: You would have to change the Charter toallow that authority. : 'John,you were reading from the Charter? Mr.lsobe.- Yes. King:Chair lguggest that we refer the matter to the Charter Review Commission to look at. Mr. Isobe: l can bring the matter to the Charter Review Commission. Chair King: Okay. 5 | �� / g e Mr. Finlay: iwould certainly think that for today's discussion we need to get draft Resolution 2Ol1-| adopted kzauypocttbcactiuumthature happening right now. The pay raise for the County Auditor is going to be mz far down in the future that maybe this Commission can discuss that mt our next meeting. We need to get this Resolution going. Chair i : l think that we 4o have the time to address that in the future. Finlay: I would like to move that pve put the issue ofthe County Auditor's performance review and salary forward to the next meeting and not include itimdraft Resolution 20X1-1' King:Chair Would you like to add 1n that motion to refer the issue to the Charter Review Commission as to whether u Charter amendment should be considered to revise or clarify who is the appointing authority that determines the salary for the CnuotyAodi1or? : \/cy. : D+vouUd like to second that motion. Motion carried 6:0^ King:Chair The next thing we need to do is to fill in the salary amounts for the Boards and Commissions Administrator under )2/0l/08 and 07/01/)3. l believe that the last time } suggested that the current salary amount should be set at $96,000 with a 796raise bringing it to $102,720. The cozor000ica1ino from Mc Fernandez indicates that 9eoyooue| Services felt that the position is comparable to that of the Director of Economic Development, Director of Housing and Director of Liquor Control and that the salary amount should fall in the $103,041 range. With the 07/0|/13 iocncuee it should amount tn $)10`254. However, l don't think that it's the Salary Commission*s position to be re-classifying any positions within the Administration. It should be unAdministrative decision. Finlay: I think that it would be prudent to adopt the recommendation made by Mr. Fernandez because everything ia pretty much in line with what p/c have discussed: the numbers are very similar to the numbers that were discussed before. The cVnunnuoicudno puts in u little bit of science and background and ties itto other departments. So, to follow the recommendation would bo appropriate to add dto draft Resolution 20ll-l. : l agree with Commissioner Finlay. Chair : Okay. Crowell: l also ugccc. But my only concern is that itv/ou1dn`t automatically go up to $103,041 only because of what was said early that the raises in the Resolution were not budgeted [or. I was more concerned with keeping it in line with what we already have and I think that Mr. Feruaodez`m explanation was u good one. : Sodovvc need omuotiun? : | um kind mfbm agreement with Chair King about the reobsamifiuntkou. : How did that position become effective? Mr. Isobe: By Charter. : | don't think that xe are re-classifying; we are only setting the salary rate. Ms. Kunioka-Volz: Is the position currently a1noEM-5 level? Mr. Isobe: Correct. The only way to get oo1othe salary Resolution isfor the Council to adopt an ordinance listing those positions that they believe need to be part ofthe auimry schedule that is adopted and approved by the So|ooy Commission. At the time the Bnocdm and Commissions Administrator position was created in the [burtcr` the Council did not amend the Resolution to include that position in the Salary Resolution. The last time that the Cnnmoniaoioo sent the Resolution tothe County Council, the Council took action by adopting an ordinance to include the Boards and Commissions Administrator iothe list o[positions, and aaa result, the Salary Commission must include it. Prior to it not being included on the Resolution, as Mu|coinu has pointed out,the Administrator's position was classified by 9ecauooe1 as an EM-5. But now that it has been included in the Resolution,the Civil Service portion is no longer relevant and it is now considered a Cabinet level position that is appointed and the appointing authority is the Mayor. Chair : |think that Mr. Foruandoz`a explanation does give backing regarding the salary amount. Aa for the diupucbiem, can or cannot this be addressed bv this body u1 this meeting? Because l was looking at the disparity as an issue mainly because the Mayor is receiving a lower ou|ory than the subordinates. The larger piece is with the County Attorney who, as Commissioner Finlay pointed out,the Prosecuting Attorney has different jobs and skill levels. in thinking about it,vvereally did not receive any testimony fororagainst d. The previous Commissions who ao1 in0u this consideration decided ho go this way. A|dhmuub it's taking }oogectbautheydboughtitvvoogViogtotube, itvviUcveohuaDy000ectdaelfoo07/0l/|]. Finlay: The real urgency imto get the draft Resolution ZUll-1 adopted hemuuoc it would uucompliootcthe salaries that are in limbo. King:Chair I'd like 10 see the historical salaries stay on the Resolution so that we have something tognby. i agree with the Commission to place the amount of$l03,O4l under the l2/Ol/O8 date and place the $l/O°254 under the O7/Ol/)3date. With these numbers iuplace nothing else changes. )n/ould accept u motion to adopt draft Resolution 2011-| as amended. : Chair King, before you make the motion to adopt the Resolution, l would like 10 orcocnuzeod some technical changes and take into consideration Councilwoman yukiruuus`a written testimony because it does have some merit. The technical changes will not change the intent, but to consider her point that there is no mention in the draft 2011-1 Resolution to indicate that it amends the previous Resolution. I would also like to consider Chair King's comment to retain the 6istmrynfthe salaries. With that said, what our office will do before we finalize the Resolution is make reference that is does ooxeud the previous Resolution. Another thing that l would like to recommend is that where it shows the deletion of Section 2 on the Resolution, which isthe provision of the Mayor and Council and the budget, that vvc insert into the Resolution o statement to clarify the intent of the Salary Commission that the salaries of the Prosecuting Attorney and Deputies as well as the County Clerk and the County Auditor be frozen until such time that the new salaries beyond July 2Ol3is adopted. This would correct the disparity. l think that clarification and biutmziva/ perspective would be helpful for future Salary Commissions mo that they may understand exactly what took place. 8oif you are in agreement with my recommendations, |will draft the Resolution prior to your signing. King:Chair im�mre and thank you. Mr. Finlay moved te adopt the draft Resolution 208k-1umamended. Ms. 0Cmminku-Vo}z seconded the motion. Motion carried 6:9. Chair : May 7 have o motion to adjourn the meeting? Mr. Dahle: Just for clarification, are we all going to sign the Resolution when vve can? : We will draft the fiou) Resolution and email ittothe Commissioners for review; however, at some point the Commissioners will need to stop by the Office of Boards and Commissions to sign the document and transmit ittothe County Council. Finlay: l ux\ leaving for vacation today for mmonth. : To the intent to get the Resolution 2011-1 to Council as soon as possible? : Yes, because the Council would still have the opportunity to amend the Resolution if they choose to. King:Chair lf they amend the Resolution,does the Commission have 10 schedule another meeting? : It would come back,but only to infonn the Commission of its amendments if there are any. Other than Uze1, no further action will be required of the Commission. Ms. Clark: They actually would not be amending it but may reject ibc n/bolc Resolution or part of it. : Soifthey reject the Resolution, does the Commission have&n come back with a modified version? Clark: What was in effect before (Inmudib{e) 8 | �u . a e Mr. Dahle: Does this Commission have further business to conduct for the remainder of the year? Chair King: We should�ctto�m�bcr in z � on u �oin�{�n���� basis. : Is it required that we prepare something for the upcoming March 15 th date, even though wc don't have any recommendations oriocrcancs.- dovve have tu send Council mmnuedziug? Clark: No, if you put itin the Resolution it would carry over until the expired date. : Okay. : l don't have much history with the Salary Cmolo«isaiun, but| do understand that in year past that the Salary Commission was endeavoring to bring up the mm|orics to at least be commensurate with the government employee unions who negotiate the salaries. And it seems that the benchmark for what the management team should be compensated at was set by the Union negotiator benchmarks. /\couple of years ago, l know that it was hard to attract the proper talent to come to the County, so I appreciate the efforts that were bzkco. In this current day and ago, we occd to look utthings differently and also look at what the private side job market is and nhu1 salaries were out there and blend that benchmark with the benchmarks with the union negotiated salaries. I am concerned that there is o shifting ground and that with the private side,the salaries were starting to drop and we may have a situation where the County positions are compensated at a far greater rate than the private side. And the other is | o/n not sure ifhisn positive thing tohave the management team"s salaries benchmarked off of the union negotiated salaries. bv/nuld1cnd to make the management team's negotiations with the unions to the point where they would encourage the unions to get as much as they possibly can because the Salary Commission is just going to come along later and raise their salaries. luo)just saying that there ioacompletely fundamental SbUft in the economy and that`ve have to address that in the future. King:Chair The Nash Study that wc have imoutdated. Finlay: Another thing that we need to took at is the value of the benefits package that goes along with the salaries. King:Chair Good point. Thank you. : What would like to suggest im that since Commissioner Finlay will he back no island ot the begionin�ofScptozber, rnaybe the (�omozuimmioucan /oerteither ioSepterobeoor early October. Our offioccan coordinate your schedules to see when everyone is available. King:Chair Thank you. Can l entertain aznotino to adjourn? Mr. Dahle moved to adjourn the meeting at 9:50 a.m. Ms. Kunioka-Volz seconded the motion. Motion carried 6:0 Submitted by: Mercedes Youn, Staff Support Clerk Reviewed and Approved by: Charles King, Chair Approved as circulated on: 101 P a g e OFFICE of THE COUNTY CLERIC COUNTY COUNCIL Jai Furfaro.Chair JoAnn A. Yukirnura,price Chair t-d� . "` � •� Rick,Watanabe. Interim Count}Clerk r , rdo eo .,Tim Bvnurt 1 Fc Depute County Clerk Dickie Chan.- (� 7 �,� , KiFut�ai Kuali'i ,. :. Telephone{SUS) 11 4I aline K. Nakainura c>F Fax (SOS) 4I-63=19 =1eI Ral,ozo Enait ct>k r,cil'z;k<lfai.go � Council Services Division 43 96 Rice Street, Suite 209 Lilau'e,Kauai.Haw ai'i 96766 { ro '• October 21, 2011 01az 2 ai i jk John Isdbe RD 1 i IO�� Administrator Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu'e, Hawaii 96766 Dear Mr. lsobe. RE: Testimony For The Next Scheduled Salary Commission Meeting I would like to request agenda time on the next scheduled meeting of the Salary Commission to provide testimony on Resolution No. 2011-1. A copy of my testimony has been attached for your use and circulation. Should you have any questions, I can be reached me at 241-4188. Please contact me in advance of the meeting so that I am able to adjust my schedule accordingly. Your attention to this matter is appreciated. Sincerely, ro au, V Council Attachment. cc: Alfred Castillo Jr., County attorney AN EQUAL OPPORTUNITY EMPLOYER I am submitting this testimony regarding Salary Commission Resolution No. 011-1, as a member of the Ka:ua'i County Council. First, Section 19.02 of the Kaua'i County Charter requires the Mayor to submit the annual budget ordinance to the Council on or before March 15. Section 29.03 of the Charter states that, "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." It is clear that the Chat-ter intended for the Salary Commission's findings to be a significant part of the budget discussions and process. This is made even clearer when you consider that the Council has sixty days to act on the Salary Commission's resolution and must pass the budget ordinance by June 7. This time frame gives the Council adequate time to process the salary resolution and factor in the maximum potential salaries of appointees when determining the annual budget, Unfortunately. Resolution No. 2011-1 was Z� not adopted by the Salary Commission until August 5. 2011, two months after the budget process was completed. Second, the Salary Commission is meant to be an independent body. It appears from the language in Resolution -Nlo. 2011-1 that the Salary Commission, however well intended, was heavily influenced by a letter from the Mayor in preparing the resolution. Third, the Salar-y Commission has two tasks. First, under Section 29.01, it establishes the salaries of all Councilmembers and all officers and employees included in Section 3-2.1 of the Kauai County Code. Second, it adopts its salary findings in a resolution and forwards the resolution to the Mayor and the Council by March 15. The Charter leaves to the appointing authority the discretion to set the salary of an appointee lower than the figure set by the resolution. The Charter does not authorize the Salary Commission to direct the Council or the Mayor to take any action before determining the salaries of their appointees. Given this limitation, it appears that Article 1, paragraph (d) of the resolution, which requires the Council to evaluate its appointees before setting its salary, is invalid. Furthermore, Article 1, paragraph (e) of the resolution orders the Director of Personnel and the Mayor to establish the procedure that the Council uses to evaluate its appointees. This appears to contradict Section 29.03 of the Charter, which authorizes the Council, as the appointing authority, to set the salaries of its appointees. Mercedes Youn From: Barbara Davis Sent: Thursday, November 03, 2011 11:32 AM To: Mercedes Youn Cc: John Isobe; Paula Morikami Subject: FW: SALARY RESOLUTIONS Follow Up Flag: Follow up Flag Status: Flagged I will let Mr. Stoessel no that I forwarded his communication to the appropriate people. '8a4-bcL+-a,, The information contained in this e-mail message is intended only for the personal and confidential use of the redpient(s)named above, If you are not the intended recipient,you are hereby notified that you have received this document in error and that any review, dissemination,distribution or copying of this message is strictly prohibited. If you have received this communication in error,please notify the sender(s)immediately by e-mail and delete the original message. From: Horace/PhyllisStoesset Sent: Thursday, November 03, 2011 11:28 AM To: Barbara Davis Subject: SALARY RESOLUTIONS To: Chairman Charles King and Members of Kauai County Salary Commission From: Horace Stoessel Subject: Salary Resolutions Date: November 3, 2011 Aloha, Chairman King and Commission Members: I request that the Salary Commission provide time on its next agenda to discuss what may/should properly be included in salary resolutions. Charter Section 29.03 requires the commission to submit its salary findings by resolution but does not further specify an answer to the above question. The question has not been definitively answered or reviewed during the past five years and the contents of the several resolutions have varied considerably. I believe the question is important enough to justify the commission's devoting an entire meeting to the subject or engaging in a protracted inquiry if necessary. I offer the following background information that I believe is useful whether or not the commission chooses to tackle the question. Having been involved during 2004-2006 in the process that led to the voters' adoption of the current Article 29, 1 can tell you that the revised article was modeled loosely on the Honolulu charter (Section 3-122), the relevant paragraph of which I quote here: "2. The commission shall convene annually no later than the first day of February, and shall, after public hearing, establish salaries and salary schedules no later than the first day of May subsequent thereto, said salaries and salary schedules to be effective prospectively from the first day of the fiscal 1 year subsequent to their adoption by the commission. The commission may meet at other times during the year pursuant to its own rules, but may after salaries and salary schedules no more than once annually. Any action of the commission altering salaries shall be by resolution accompanied by findings of fact. Said resolution shall be forwarded to the mayor and the council but shall take effect without their concurrence sixty calendar days after its adoption unless rejected by a three-quarters vote of the council's entire membership. The council may reject either the entire resolution or any portion of it." A copy of the Honolulu commission's current resolution is available on its website. I was not able to include it as an attachment but I'm sure the B&C office can provide a copy for you. Thank you for your consideration of this request. Horace Stoessel 2