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HomeMy WebLinkAbout051010_REGULAR_MINUTES_APPROVED COUNTY OF KAUAI Minutes of Meeting REGULAR MEETING—OPEN SESSION Board/Committee: COST CONTROL COMMISSION I Meeting Date May 10, 2010 Location Lihu'e Civic Center— Mo'ikeha Building Liquor Conference Room 3 1 Start of Session: 1:30 p.m. End of Session: 3:45 p.m. Present Commission Members: Lawrence Chaffin Jr., Chair, Sandi Sterker Vice-Chair, Randy Finlay (arrives at 1:35 p.m.), Dirk Apao, Linda Faye Collins Also present: Alfred Castillo Jr., County Attorney Amy Esaki, First Deputy County Attorney, John Isobe, Executive Assistant& Boards and Commissions Administrator, Cyndi Ayonon, Administrative Aide and Mercedes Youn, Staff. Members of the public: Glenn Mickens, Ken Taylor and Ed Coll Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Chaffin called the meeting to order at 1:30 p.m. Approval of Commissioner Sterker moved Agenda to approve the agenda, seconded by Commissioner Apao and unanimously carried. 4:0 Approval of Commissioner Sterker moved Minutes Regular meeting minutes for April 12, 2010. to approve the minutes, seconded by Commissioner Apao and unanimously carried. Communication Commissioner Sterker moved • CCC 2010-7 Letter of resignation from Michelle Swartman to Chair Lawrence Chaffin Jr. and to receive, seconded by members of the Cost Control Commission. Commissioner Collins and unanimously carried. 5:0 Chair Chaffin acknowledged receipt of Commissioner Swartman' letter of resignation. Business • CCC 2010-6 Discussion with County Attorney Alfred Castillo Jr., on various issues relating to the County Attorney's utilization of services for special counsel outside legal counsel. (Deferred 04/12/10 CCC 2010-6a. Communication dated 04/16/10 from the Cost Control Commission to County Attorney Alfred Castillo Jr., requesting additional information relating to a cost analysis and to include a comparison of hiring a special outside legal counsel and to provide a recommendation. County Attorney Alfred Castillo handed out copies of a list of litigation expenses for Cost Control Commission Regular Meeting —Open Session May 10, 2010 Page 2 SUBJECT DISCUSSION ACTION consideration which includes staff salaries, fringe costs and equipment cost to the Commissioner members. Mr. Castillo based his response on the written questions the Commission sent to him prior to the meeting. *see item CCC 2010-6a. Mr. Castillo began by summarizing the estimated cost of having a Litigation Section within the County Attorney's office, noting that there was an addition error on the handout and the total salaries for(2) attorneys & (1) legal clerk should be $212,500 and not$315,000 Referring to the three (3) EOCC cases that his office handled this past year, one (1)for gender bias and two (2) sexual harassment cases. The amount spent to handle all three cases was $165,000. Mr. Castillo stated that his recommendation to the Commission would be to focus on staff training for cases relating to Equal Employment Opportunity Commission (EEOC), sexual harassment and on becoming familiarized with the federal court procedures. He stated that this training would be possible with his current office budget and would eventually assist in reducing the expense of hiring special outside counsel. Commissioner Collins asked Mr. Castillo if needed additional funds in order to get the training. Mr. Castillo stated during this time of financial uncertainty we will make the most with what the budget he currently has. Commissioner Sterker asked if it is mandatory to have a Deputy Attorney at all Commission meetings. Mr. Castillo said that he doesn't think that his office would be doing their job effectively in protecting the County if each Board and Commissions was not represented by a Deputy County Attorney and there are also the concerns of liability. Chair Chaffin asked Mr. Castillo to clarify his recommendation to the Commission. Mr. Castillo stated that his recommendation is to focus on staff training for cases relating to EEOC, sexual harassment and on federal court procedures within his existing budget in order to reduce the expense of hiring outside special counsel. Public testimony Glenn Mickens commented that before this Commission can move forward he believes that the following relevant information is needed: 1. Identify the cost of the litigation over more than one (1)year. 2. Settlement amount and or the judgment made. 3. The cost of approval made by the County Council; what was actually spent of the approval amount and what happens to the remaining balance. 4. If the claim action was brought on by the county or against the county. Cost Control Commission Regular Meeting —Open Session May 10, 2010 Page 3 SUBJECT DISCUSSION ACTION Ken Taylor began by thanking Mr. Castillo for doing a great job. Mr. Taylor then continued to say that one of the problems with law is that there are some many different areas that require expertise and in all fairness the county should concentrate on areas that deal with day to day operations. For example, land use and planning are areas that would require 4 or 5 qualified counsel present at Commissioner Sterker moved the meeting. This Commission must have all information before moving forward. to receive, seconded by Commissioner Apao and With no further discussion Chair Chaffin called for a motion to receive. unanimously carried. 5:0 o CCC 2010-8 Communication dated 04/16/10 from the Cost Control Commission Lenny Rapozo. Director of Parks and Recreation requesting for additional information on the Adopt-A-Park program including an estimated savings derived over the past two (2)Vears from the volunteer activity and the type of work conducted at each location. Staff handed out copies of the response dated 05/10/10 from Parks Director Lenny Rapozo Chair Chaffin began by reading the written response received by Parks Director Lenny Rapozo. Commissioner Sterker recommended having Eddie Sarita contact the various non-profit groups including but not limited to the Rotary and Lions Clubs to inquire if they are interested in participating in an Adopt-A-Park project or other community service projects. Commissioner Finlay questioned the intent of the recommendation and how it relates to the duties and responsibilities of the Cost Control Commission. Adding that the Commission has a specific mandate to review personnel costs, real property taxes, travel budgets, contract procedures and to review with the aim of eliminating programs and services; and to eliminate or consolidate overlapping or duplicate programs and services. Commissioner Sterker stated that the intent of the recommendation is to cut the county's man power that maintains the parks listed on the Adopt-A-Program and allow the community volunteers to take care of the parks. Commissioner Finlay warned against cutting union jobs and reminded the Commission of its Cost Control Commission Regular Meeting—Open Session May 10, 2010 Page 4 SUBJECT DISCUSSION ACTION duties and responsibilities as mandated in the County Charter. In response to Commissioner Finlay's concerns Commissioner Collins referred to the Charter which states, "The goal of the Cost Control Commission is to reduce the cost of the county government while maintaining a reasonable level of service", because the department is currently not hiring the manpower the recommendation suggested by Commissioner Sterker will help the county to reduce cost and still fulfill the demands of maintaining the parks with the help of community volunteers. Commissioner Sterker stated that the response from Parks Director Lenny Rapozo emphasized that the Adopt-A-Park volunteers does not perform work of the county workforces on a regular basis. Public comments Mr. Glenn Mickens commented that he has some serious reservations about any Adopt-A-Park Program that depends on community volunteers as a source of maintaining a facility or area. A volunteer is just a supplement to any program and is NOT the answer, if they were every restaurant, hotel and business would never have to pay for hired labor. Mr. Mickens stated that he himself was a volunteer at Lydgate Park for three (3)years and has nothing but respect for anyone who wishes to become a volunteer. He added that he is not opposed to the volunteers and stressed that the budget must have enough money for a program to be able to maintain a park or facility to its upmost standard. Ken Taylor began by stating that he agrees with Mr. Mickens comments, he also stated that the volunteers should be made aware of the cost savings that they are giving to the community. Mr. Taylor suggested to the Commission members that they should recommend that a cost benefit analysis be done of the service projects or other types of community projects taking place out in the community. By doing so the Commission will be able to identify the areas that need to be increased as well as the areas that need to be decreased. Ed Coll stated that in the terms of community service projects the volunteers should place their emphasis on graffiti clean-up. Commissioner Sterker stated that there are a number of graffiti busters groups around the island such in Kalaheo, Hanapepe and Kekaha and they are available. Commissioner Collins stated that one of the real issues here is if we should increase the budget Cost Control Commission Regular Meeting —Open Session May 10, 2010 Page 5 SUBJECT DISCUSSION ACTION so that they will be able take better care of the parks better, which will lead to another question of the importance of the parks in relationship to anything else that the budget is going to cover and who determines that. Commissioner Collins stated that when a performance audit is requested for in any area of the government, one has to ask"Who makes the determination". 1St Deputy County Attorney Amy Esaki stated that at the last Council budget hearing the County Auditor stated that a performance audit maybe called for by the Council or at his own initiative or by a request from a taxpayer (citizen). It may be possible for the Cost Control Commission to work with the County Auditor. Commissioner Sterker moved Chair Chaffin called for a motion to receive the communication from Parks Director Lenny Rapozo. to receive, seconded by Commissioner Apao and unanimously carried. 5:0 As a follow up staff will contact Diane Zachary of the Kaua'i Planning and Action Alliance, to request information regarding a contact list of various Community non-profit organizations throughout the island. o CCC 2010-9 Communication dated 04/28/10 from Malcolm Fernandez, Director of Personnel Services in response to the Cost Control Commission's inquiry on whether there are plans to consolidate personnel within the County. Chair Chaffin began by reading the communication dated 04/28/10, from Director of Personnel Services Malcolm Fernandez stating that there are no plans for future consolidation of personnel at this time. Commissioner Finlay asked how many different departments are currently within the county. John Isobe replied, approximately ten (10) plus or minus. Does each one of those department hire and deal with their personnel within their department? Mr. Isobe replied that each department at some level has assigned someone to handle personnel related matters. Commissioner Finlay then states, so that would mean ten individuals are doing the same task in a different department. Cost Control Commission Regular Meeting —Open Session May 10, 2010 Page 6 SUBJECT DISCUSSION ACTION Mr. Isobe replied, yes it is his understanding. Commissioner Finlay then asked, is there a time where one (1) department may handle a personnel issue differently from another. Mr. Isobe replied, saying that he would like to believe that is not the case but cannot confirm it. Commissioner Finlay asked if it would be more effective for the county to have just one (1) person to do the task. Mr. Isobe said that opinion has been offered in the past as a more efficient way of handling the task. Based on the previous discussion with the County Attorney that issue is a costly one for the county. Commissioner Finlay suggested that the county assign one (1) individual to handle all personnel matters for the individual departments, doing so it could reduce the number of lawsuits against the county for violation of procedures. Mr. Isobe replied saying it could be a potential. After reviewing the communication from Malcolm Fernandez the Commission members have agreed to submit 2nd letter to Personnel Director Malcolm Fernandez and requesting a comprehensive overview and detailed explanation of the department's operational responsibilities and functions performed by the Department of Personnel Services. And if the other the departments have assigned staff members to perform any personnel related responsibilities and whether DPS conducts educational training for the County employees on sexual harassment and measures to prevent industrial accidents that will help reduce liability exposure for the County. There being no further discussion Chair Chaffin called for the motion. Commissioner Sterker moved to defer this item. Seconded by Commissioner Finlay and unanimously carried. 5:0. Staff will send a letter to the Director of Personnel Services requesting a written response relating to an overview of the Personnel Department's operations, functions and training programs. Commissioner Sterker moved to receive, seconded by Commissioner Finlay and unanimous) carried 5:0. Cost Control Commission Regular Meeting—Open Session May 10, 2010 Page 7 SUBJECT DISCUSSION ACTION o CCC 2010-10 Discussion regarding the County's contract with Granicus, Inc. for services necessary for video production, real-time captioning and streamlining media for the County of Kaua'i. Commissioner Finlay stated that it is his understanding that the public procurement process was used in selecting the provider of the services, which is an open bid to any qualified respondents. And right or wrong that is the procurement system that has been in place for quite a while. The process is intended to yield a lower cost to the County, and it may not be the purview of this Commission to question the procurement process itself. Chair Chaffin agreed with Commissioner Finlay that the procedure was properly followed through the procurement process. Public comments Ed Coll questioned the procurement process, asking why the county put out a request for proposals in the first place when they could have been done in-house for less the cost. He then continued to refer to the public excess requirement that covers three (3)areas, public, education and government. Hoike is responsible to provide training for its people to produce their own media to go on the public education government channel. Hoike never trained any of its people in government. Secondly, one section of the contract calls for services for video production and real- time open captioning and streaming media, the other part of the contract that is not mentioned is the non-real time cable casting (which is also part of the contract). Mr. Coll stated that what is being streamed in real-time captioning is not being set out on the cable real-time and the reason for that is unclear. He then continued to say that we (public) have paid for real-time captioning which is twice the cost of non-real-time captioning. Commissioner Collins asked if the county has an IT Department. Mr. Isobe replied yes, they do. Ms. Collins then asked if what is being suggested by Mr. Coll can be done without additional personnel. Mr. Isobe stated that he cannot answer that question because he is not technically knowledgeable in that area, he does know that the contract with Granicus Inc. is a one (1)year contract and will be reviewed again at the end. If this is something that the Cost Control Commission would like to explore in the future from a cost saving perspective they should. Cost Control Commission Regular Meeting—Open Session May 10, 2010 Page 8 SUBJECT DISCUSSION ACTION Glenn Mickens commented that Mr. Ed Coll is an expert in his work in streaming media services and suggested that the Commission consider Mr. Coll's suggestion that he could save the county money by providing the streaming media services at a lower cost. Ken Taylor began by saying that transparency is the root of democracy and televising of the meetings is a very important aspect of transparency. He questioned who is writing the contract and if they are qualified to do so. Ed Coll stated that he worked for a non-profit organization that had this contract for a year and because Hoike refused to allow them to use their equipment they had to lease their equipment. Mr. Ed Coll stated his qualifications to the Commission members and referred the Commission to Eric Knutzen for verification. There being no further discussion Chair Chaffin called for the motion. Commissioner Sterker moved to receive, seconded by Commissioner Finlay and unanimously carried. 5:0 Chair's announcements Chair Chaffin announced that the next meeting will be on Monday June 14, 2010 at 1:30 p.m. at the Mo'ikeha Building in the Liquor Conference Room 3. Adjournment Commissioner Finlay moved to Chair Chaffin called for the motion to adjourn. adjourn, seconded by Commissioner Sterker and unanimously carried. 5:0 Meeting adjourned at 3:45 p.m. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Lawrence Chaffin Jr., Chair ( X) Approved as is. (June 14th, 2010) ( ) Approved with amendments. See minutes of meeting.