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HomeMy WebLinkAbout121310_CCC_Meeting_Packet Lawrence Chaffin Jr. OP Members: Chair Randy Finlay Dirk Apao Sandi Sterker Linda Faye Collins Vice-Chair ov COST CONTROL COMMISSION NOTICE AND AGENDA OF REGULAR MEETING Monday, December 13, 2010 1:30 p.m. Mo'ikeha Building Liquor Conference Room 3 4444 Rice Street, L-1hu'e, Kaua*i 96766 CALL TO ORDER APPROVAL OF AGENDA APPROVAL OF MINUTES Regular meeting minutes of October 11, 2010. BUSINESS CCC 2010-20 Communication dated 10/14/10 from Cost Control Commission to the Office of the County Attorney requesting information on the County's settled or pending claims regarding personnel related actions. (a) Response dated 11;1`1/10 from First Deputy Attorney Amy Esaki, regarding personnel claims and cases. CCC 2010-21 Discussion and decision making on draft Finding's and Recommendations Z__ regarding Personnel and Industrial Relations Trainings For County Employees. (a) Attachment- Compiled listing of most desired trainings requested by departments. CCC 2010-22 Discussion and decision making on the draft NtO Annual Cost Control Commission Report. CCC 2010-23 Discussion and decision makiner on the proposed 2011 Cost Control Commission meeting schedule. Cost Control Commission Meeting Agenda December 13, 2010 CCC 2010-24 Nomination and selection of 2011 Officers for the Cost Control Commission CHAIR'S ANNOUNCEMENTS Next meeting: Monday, January 10, 2011 at 1:30 p.m. at the Mo'ikeha Building in Liquor Conference Meeting Room 3. EXECUTIVE SESSION Pursuant to Hawaii Revised Statues §92-7(a), the Commission may when deemed necessary hold an executive session on any agenda item without written public if the Executive Session was not anticipated in advance. Any such executive session shall be held pursuant to Hawaii Revised Statues §92-4 and shall be limited to those items described in the Hawaii Revised Statues §92-5(a). ADJOURNMENT PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24 hours prior to the meeting: 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 will be testifying in person or submitting written comments only. 4. If you are unable to submit 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. Please send written testimony to: The Office of Boards and Commissions Attention: Boards and Commissions Support Clerk 4444 Rice Street, Suite 150 Uhu'e,Hawaii 96766 Phone: (808) 241-4920 Fax: (808) 241-5127 E-mail: myoun.*. kauai.gov SPECIAL ACCOMODATIONS If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at(808) 241-4920 at least five (5)working days prior to the meeting. Page 3 of 3 Z1- COUNTY OF KAUAI �R?A�~T�T�oBye �p�aroum.d, , -j . Minutes of Meeting OPEN SESSION Board/Committee: Cost Control Commission Meeting Date: October 11, 2010 Location keha Building-Liquor Conference Room 3 Start of Session: 1:30 p.m. End of Session: 2:13 p.m. Present Chair Lawrence Chaffin Jr,, Vice-Chair Sandi Sterker, Randy Finlay, Dirk Apao and Linda Faye Collins Also present: First Deputy County Attorney Amy Esaki, Boards and Commissions Administrator John Isobe and Mercedes Youn Boards and Commissions Clerk, Excused Absent — SUBJECT DISCUSSION ACTION Call To-Order" _ Chair Lawrence Chaffin Jr called the meeting to order at 1 wk�­­ -provalof Vice-Chair r - moved Agenda to approve the agenda; seconded by Commissioner Apao and ------- —------ 5:0 Approval of Commissioner Collins Minutes Regular meeting minutes of September 13, 2010. moved to approve the minutes; seconded by Vice-Chair Sterker and unanimously carried 5:0. Business CCC 0"_-1_-9---Memorandum dated 9 228110 to all Department/Agency Heads, from Chair Larry Chaffin of the-------­-"-----­"- ,ontrol Commission, requesting information to determine what!ypes of appropriate personnel and industrial relations training opportunities are being provided to the County emploVees. Responses received from the following departments: • Finance/Risk Management • Police • County Attorney • Liquor • Fire • Housing Agency Note: There were (4) Departmental Employee Training Survey that was received after posting of the agenda, Cost Control Commission Open Session October 11, 2010 Page 2 SUBJECT DISCUSSION ACTION Business o Parks and Recreation Department • Public Works Department • Custodial • Civil Defense Discussion Referring to the Finance/Risk Management training survey Vice-Chair Sterker questioned whether July 2010 asbestos awareness training was done for the older county buildings. Ms. Amy Esaki stated yes, such as the Old Historic County Building. Vice-Chair Sterker stated that for the July 2010 asbestos awareness training, it does not indicate the number of employees attending. Ms. Esaki explained that the survey that was submitted by the Finance/Risk Management indicates that there were 12+ employees that attended the training. Vice-Chair Sterker indicated that some of the training descriptions included OSHA(Occupational Safety and Health Administration) Compliance training, and then asked if it was mandatory training for all county employees. Boards and Commissions Administrator John Isobe stated that he does not have the information available at this time and is unsure if the county had any mandatory training in the past. Chair Chaffin suggested that some pressure should be applied to open the door to implement mandatory training for all county employees. Commissioner Collins stated the she is still not certain on the types of training that should be mandatory, and made by whom; noting that safety issues should be mandatory. Commissioner Collins then asked who determines if it should be mandatory; the insurance companies or the government. Chair Chaffin stated that it should probably be the government, because it may be pertinent should an accident occur. Vice-Chair Sterker asked Commissioner Finlay to give his insight on OSHA compliance policies as it relates to his company. Commissioner Finlay stated his company has been conducting company wide OSHA training ev year, due Cost Control Commission Open Session October 11, 2010 Page 3 SUBJECT DISCUSSION ACTION Continue to upcoming expiration of the certifications. Commissioner Finlay stated that the OSHA compliance training Business should be mandatory every year. Commissioner Finlay then indicated that his company also holds weekly meeting on safety issues. Ms. Esaki noted both the Finance/Risk Management Department and Public Works Department list AON Risk Services for their training programs with Mike Seu as the trainer. Ms. Esaki explained to the Commission that the County's insurance broker over sees the county's risk management, and makes the recommendations on the types of training the County should hold for its employees. Ms. Esaki noted that trainer Mike Seu of AON Risk Services held training programs for the following departments: 1) Department of Public Works- Manual Material Handling & Body Mechanics ) Department of Finance/Risk Management—Asbestos Awareness 3) Department of Parks and Recreation —Leadership Empowerment& Social Behavior Commissioner Finlay noted that what he finds interesting is the list of the types of training that each department is requesting for that would be beneficial to their department. Commissioner Finlay noted that because of the possible need for workplace violence and co-worker management training, the Commission begin to explore the adequacy of the County's internal employee training efforts relating to personnel and industrial relations in an effort to minimize workplace injury, liability and risk within the County. Vice-Chair Sterker stressed the need for annual OSHA Compliance training for the County employees. Ms. Amy Esaki stated that certain County departments have access to the State training program and workshops. Vice-Chair Sterker asked how are the employees being notified on what types of trainings are available to them or are these trainings only available to the supervisors. Ms. Esaki stated that for the Finance and Risk Management, Mr. Gerald Estenzo would be the person who would notify the supervisor regarding the training programs that he feels is pertinent to the employee's county wide. Vice-Chair Sterker stated that by reviewing the list of trainings that were provided by the Departments, there seems to be a lack of connection on the types of training that should be mandatory to the county employees. Chair Chaffin stated that the county needs to provide a uniform manual of information on the types of mandatory trainings that may be pertinent to each individual department. Ms. Esaki stated that each union contract offers broad information on the types of trainings and development required by each union. The information provided in the contract generally states that the employees are w encoura9pi to_partici ate in empl ee traming_proc rams to meet the needs of the employer. The employer Cost Control Commission Open Session October 11, 2010 Page 4 _ ___ _.�_ - ----__T--- -- _ -_----- _-__.. __.._____ ._._ _ ____ _._____ SUBJECT DISCUSSION ACTION Continue must develop in service training or make available out service training including training for temporary Business assignment and promotion that is deemed necessary to meet the needs of the employer. Ms. Esaki also stated that the union shall be consulted periodically at least once annually in developing training plans. And specific training programs shall be developed in consultation between the union and the employer. Ms. Esaki noted that when the county chooses to put together a training session a consultation is involved with the union. Commissioner Collins asked who the Commission would refer its question to in regards how the process is implemented. Ms. Esaki stated that because it is a civil service issue, the department of personnel should be able to address the matter. Commissioner Finlay stated it seems that the union supports the training; however, they are not responsible for providing the training program to the employer. Commissioner Collins raised the questions to Ms. Esaki if she would direct to them the Finance and Risk Management, 1) How is it decide upon on what type of training is necessary 2)Will the training be mandatory to the department heads as it relates to the OSHA Compliance & Sensitivity training? 3)Are there any programs that the county coincides with the unions, pursuant to the union contracts? Chair Chaffin stated that rather than asking the department to provide the Commission with the answers or an instruction manual. The Commission should request the information from the County's insurance broker. Commissioner Finlay said that he doesn't think that anyone would be able to provide a manual or a program, because it seems that from reviewing the list that was provided by the departments it seems that the County has no coherent training schedule at all. Commissioner Finlay suggested that the County should have a County-wide training program that doesn't touch on a specific issue in a department, but rather on global As a follow-up staff will issues such as Sexual Harassment and Leadership/Supervisory skills and make it mandatory. Commissioner send a memo to the Finlay reminded the members that this Commissions purview is to reduce workplace injuries and limit liability County Attorney's Office exposure. Commissioner Finlay suggested that the Commission recommend a county wide training program requesting for the following on employee's specific issues and NOT on the department's specific issues, and recommend that the information: Department of Personnel Services implement a plan to determine the types of training they feel is pertinent 1) Provide a list describing using the list provided by the departments. various claims/cases that have been settled or Commissioner Collins stated that she feels it may be important to get information from the County Attorney's pending that are related to Office describing various claims/cases that have been settled or pending that are related to personnel actions personnel actions. that may be due to a lack of training. Cost Control Commission Open Session October 11, 2010 Page 5 SUBJECT DISCUSSION ACTION As a follow-up staff will The Commission discussed in response to the survey, that there is a need for training in the areas of compile a list of trainings personnel and industrial relations and how to structure the Commission's recommendation to the Mayor on and identify the top six (6) the types of training as requested by the in survey, most desired trainings that were identified by the With regards to the survey, Commissioner Finlay, suggested to the members to focus on the trainings that various departments. stands out the most, which is workplace violence and sexual harassment because of the lawsuits that seems to be encumbering the County. Chair's Announcements o Next Meeting—Monday, November 8, 2010 at 1:30 p.m, at the Mo'ikeha Building in Liquor Conference Room 3. o Chair Chaffin announced that he not be present at the next meeting. _-..-- _.__ ._-- —�_.__ _� �—_m_.:�_.__r.._�..__.__ _ _ Adjournment Vice-Chair Sterker moved With no further discussion, Chair Chaffin called for the motion to adjourn. to adjourn the meeting; seconded by Commissioner Collins and unanimously carried 5:0. The meeting adjourned at 2:13 p,m. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Sandi Sterker, Vice-Chair ( } Approved as is. ( ) Approved with amendments. See minutes of meeting. OP Lawrence Chaffin Jr. Members: Chairman Randv Finlav Dirk Apao Sandi Sterker Linda Faye Collins Vice Chair or COUNTY OF KAUAI COST CONTROL COMMISSION The Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu,e, Hawaii 96766 TO: Alfred Castillo Jr., County Attorney Amy Esaki, First Deputy County Attorney FROM: Mercedes Youn, Boards Commissions Support Staff For: Lawrence Chaffin Jr. Chairman DATE: October 14, 2010 RE: Request for additional information At its meeting on October 11, 2010, the Cost Control Commission is currently reviewing the adequacy of the County's internal employee training efforts related to personnel and industrial relations in an effort to minimize workplace injury, liability and risk within the County of Kauai. As a result the Commission is requesting that the County Attorney's Office provide for a list describing various claims/cases that have been settled or pending that is related to personnel actions. Please kindly respond by November 1, 2010. If you have any questions, please contact the Office of Boards and Commissions at 241-4920. Thank you. LC/my C: Gary Heu, Administrative Assistant Wallace Rezentes, Jr., Director of Finance 0 alp Lawrence Chaffin,Jr. Members: Chair t Randy Finlay 61 Dirk Apao Sandi Sterker "M Linda Faye Collins Vice-Chair OF COST CONTROL COMMISSION County of Kaua'i 11 F T C/o Office of Boards and Commissions 4444 Rice Street, Suite 150 LThu'e, HI 96766 November 1, 2010 The Honorable Bernard P. Carvalho, Jr., Mayor Office of the Mayor 4444 Rice Street, Suite 235 LThu*e, HI 96766 Dear Mayor Carvalho: RE: Personnel and Industrial Relations Trainings for County Employees In an effort to reduce workplace injuries and limit liability exposure,the Cost Control Commission initiated a review of the County's existing personnel and industrial relations training programs. FINDINGS The Commission conducted a survey to determine whether County employees are being provided appropriate personnel and industrial relations related training opportunities to improve management and supervision as well as to minimize injury, liability and risk within the workplace. I. The Cost Control Commission received responses from fourteen (14) County Departments submitting a list of the trainings that their employees have attended as well as a prioritized list of personnel type trainings that would benefit their department. 2. The Commission held previous discussions with various department heads (e.g. the County Attorney, the County Engineer and the Director of Parks and Recreation) as it relates to whether County employees are being provided appropriate personnel and industrial relations related training opportunities and were concerned about whether these types of adequate trainings were being regularly scheduled and conducted within the County. 2010-21 0 0 Training for the County Employees Findings & Recommendations Page Two ovember 1, 2010 3. In response to the survey, it became apparent that there is a need for training in the areas of personnel and industrial relations. Listed below are the top six (6) most desired trainings that were identified by the various departments: a.) Sexual Harassment b.) Leadershipt"Supervisory Management c.) Workplace Violence d.) Industrial Injury e.) Computer Skills Q First Aid/CPR Based on the foregoing findings, this Commission makes the following Recommendations: RECOMMENDATIONS The Cost Control Commission recommends that the County of Kaua'i. through Director of Personnel Services, develop, coordinate and implement an annual training program for County employees that includes, but is not limited to the trainings identified in paragraph no. 3 of the above Findings. Due to budgetary constraints, the Commission recommends that wherever possible collaboration within the County and/or among other non-profit organizations that may have the expertise in conducting these types of training, be contacted (e.g. the YWCA has a trainer in the area of sexual harassment and did conduct training for the Kaua.i Police Department staff). The Commission further requests that a copy of these Findings and Recommendations be transmitted to the Civil Service Commission for review and oversight. In closing, the Commission would like to thank all the departments that participated in the survey and those who took time from their busy schedules to provide information at the Cost Control Commission meetings. Respectfully submitted, COST CONTROL COMMISSION By Lawrence Chaffin, Jr. Its Chairperson Attachment A 0 List of Trainings Requested by Departments (Compiled) Dated: November 1, 2010 In response to the Cost Control Commission's inquiry, Prioritized ADA Title 11 1 Annual Re-certifications 1 Basic Supervision 2 Blood borne pathogens 1 Collective Bargaining& Labor Negotiations 1 Computer Skills(email etiquette) 4 5 Conducting Investigations 1 County Charter Basics 1 Customer Service 2 Dealing with Employee Behavior 1 Defense Driving 1 Discipline & Discharge (Greivance Handling) 2 Diversity in the Workplace 1 Drug&Alcohol 2 EEO Training(Annual) I Emergency Procedures 1 Employe Assistance Program (EAP) 1 Employee Benefits 1 Employment/Labor Law/Worker's Comp 1 Ethics, DIP, UIPA 1 Family Leave 1 Finance-Travel/Procurement 2 Fire Prevention I First Aid/CPR 3 6 First Responder 1 FLSA 1 FMLA 1 Fraud 1 GIS Training/IT 1 Incident Management/Unified Command 1 Internal Investigation 1 Internet Policies on Pictures,Videos, Posts, E-mail 1 Interpersonal Communications 2 Interviewing Skills 1 Investigation Techniques 1 Labor Law Updates 1 Laserfiche training for all attys and staff 1 Leadership/Supervisory Management 81 2 Litigation training for tort and contact defense 11 1 Motivation 1 New Employee Orientation 1 OSHA Training/industrial Injury 4 4 C 4t Performance Evaluations Planning& Land Use Procurement Laws (Govt) Project Management Property Rights �eport Writing Skills for Interviews/Team Bldg Skills 1 Specialized Training 1 Stress Management 1 Sunshine Law 1 Tax Legal Training 1 Telephone Etiquette 1 Traffic Crash Investigation 1 Wellness Programs for Employees 1 ,Worker's Comp overview/procedures 2 Note: Responses received from the following departments. Civil Defense Agency County Attorney's Office Agency on Elderly Affairs Finance Department(Risk Management) Fire Department Housing Agency Liquor Control Office Vf Economic Development Parks Qi Recreation Department Personnel Services Planning Department Police Department Public Works Department Water Department Lawrence Chaffin,Jr. OP Members: Chair Randy Finlay Dirk Apao Sandi Sterker Linda Faye Collins Vice-Chair OF COUNTY COST CONTROL COMMISSION 2010 Annual Report Draft 11/10/2010 CCC 2010-22 Overivie'vv Established by Charter in 1988, the goal of the Cost Control Commission is to reduce the cost of county government while maintaining a reasonable level of public services. The Cost Control Commission is charged with the responsibility to review and scrutinize personnel costs, real property taxes, travel budgets, and contract procedures with the intent of eliminating, consolidating or reducing overlapping or duplicate County services and programs. The Commission is empowered to secure, through the Of of the Mayor or the Chairman of the Council, any reports or information from their respective departments or employees that is appropriate to accomplish its work. The Cost Control Commission conducted nine(9)regular meetings in the 2010 calendar year and is hereby submitting its Annual Report summarizing its recommendations which will be advertised as required in Section 28.05 of the Kaua'i County Charter. I. RELATING TO EXPANDING THE ADOPT-A-PARK (HO'OLOKAHI) PROGRAM Finding 1. There are approximately 63 parks and 36 are presently in the Adopt-a-Park program. W 2. Cost savings derived over the past two fiscal years 2008-2010 from the sponsor/volunteer activity associated with the Adopt-a-Park program was estimated to include over 5,000 man hours of work at a unit cost per hour of$15, for a value of $75,000. 3. It is emphasized that Adopt-a-Park volunteers do perform work that county workforces do not do on a regular basis such as painting over graffiti, repainting picnic tables, restrooms and bus shelters, trimming plants and bushes, pickup cigarette butts on the beaches, etc. I Pa g e 4. The County of Kaua'i has decreased its annual operating budget 10% in FY 2008- 1.009 and another 10% in FY 2009-2010 due to the decreasing county revenue Generated and it is not anticipated to improve. Recommendations 1. The Parks and Recreation Department through its Ho'olokahi Program should be required to expand cost-savings opportunities for their operations, through contacting and attending the monthly meeting of various other non-profit community service type pe organizations 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 types of community service projects. 2. A listing of the Kaua'i Rotary and Lions Clubs contact information is attached hereto which includes their meeting dates, times and locations. (Attachment 1) 3. Another list of non-profit organizations with contact information is also attached hereto. (Attachment 11) 4. Contact the Kauai Planning & Action Alliance, Inc. (KPAA) for a list of additional community organizations that may be interested in participating in this program. RELATING TO ADDITIONAL TRAINING FOR THE COUNTY ATTORNEY'S OFFICE Findings I. The Commission was given the organizational structure, assigned functions and operational responsibilities of the County Attorney's Office. Mr. Castillo indicated that although it is his policy to first deal with cases using in-house Deputy Attorneys, the Office does not always have the specialized expertise required to handle every case. In addition, the Office encounters instances in which it has a direct or indirect conflict of interest on a particular matter. 2. Mr. Castillo also provided the Commission with a written summary of the amount expended over the past three (3) fiscal years to hire outside legal counsel. After reviewing the expenditure summary, the Commission requested a cost breakdown to hire an in-house litigation team. Mr. Castillo responded by submitting an estimated breakdown of $212.500 consisting of salaries plus benefits for two attorneys and a lec,al clerk including associated equipment and supplies. 3. Mr. Castillo pointed out that his Office currently lacks experience on matters dealing with Equal Employment Opportunity, Sexual Harassment and Federal Court Procedures. Mr. Castillo felt that his existing attorneys could provide the legal research and./or representation required if they were afforded the opportunity for more 2 Page training. He also reported that he had sufficient funds in his office budget to provide the necessary training, in the upcoming fiscal year. Recommendation The Cost Control Commission is in agreement with the County Attorney's management efforts in maximizing the in-house effectiveness of the Office and reducing the amount of money used for hiring special outside legal counsel by encouraging the County to support continued training opportunities for all Deputy County Attorneys especially in the areas of Equal Employment Opportunity, Sexual Harassment and Federal Court Procedures. 111. RELATING TO PERSONNEL AND INDUSTRIAL RELATIONS TRAININGS FOR COUNTY EMPLOYEES (Pending approval at the December meeting.) Findings The Cost Control Commission conducted a survey to determine whether County employees are being provided appropriate personnel and industrial relations related training opportunities to improve management and supervision as well as to minimize injury, liability and risk within the workplace. 1. The Commission received responses from fourteen (14) County Departments submitting a list of the trainings that their employees have attended as well as a prioritized list of personnel type trainings that would benefit their department. 2. The Commission held previous discussions with various department heads (e.g. the County Attorney, the County Engineer and the Director of Parks and Recreation) as it relates to whether County employees are being provided appropriate personnel and industrial relations related training opportunities and were concerned about whether these types of adequate trainings were being regularly scheduled and conducted within the Count-v. 1 3. In response to the survey, it became apparent that there is a need for training in the areas of personnel and industrial relations. Listed below are the top six (6) most desired trainings that were identified by the various departments: a. Sexual Harassment b. Leadership/Supervisory Management c. Workplace Violence d. Industrial Injury e. Computer Skills f. First Aid;CPR 3 1 P a g e Recommendations The Commission recommends that the County of Kaua'i, through the Director of Personnel Services, develop, coordinate and implement an annual training program for the County employees that includes, but is not limited to the trainings identified in Z=1 paragraph no. 3 of the above Findings. Z1- _ Due to budgetary constraints, the Commission recommends that wherever possible collaboration within the County and/or among other non-profit organizations that may have the expertise in conducting these types of training, be contacted (e.g. the YWCA has a trainer that has provided sexual harassment training for the Kaua'i Police Department). The Commission further requests that a copy of these Findings and Recommendations be transmitted to the Civil Service Commission for review and oversight. In closing, the Commission would like to thank all the departments that participated in the survey and those who took time from their busy schedules to provide information at the Cost Control Commission meetings. Respectfully Submitted: COST CONTROL COMMISSION By Lawrence Chaffin, Jr. Chair Sandi Sterker, Vice Chair Randy Finlay, Commissioner Dirk Apao, Commissioner Linda Faye Collins, Commissioner Date Submitted: 41 P a g e Or LaNwence Chaffin Jr. MEMBERS: Chairman Randy Finlay Dirk Apao Linda Faye Collins Sandi Sterker ATE OF t'A Vice- Chair COST CONTROL COMMISSION COUNTY OF KAUAI C/o Office of the Mayor 4444 Rice Street. Suite 150 L-ihu'e, HaxxTai'i 96766 PROPOSED 2011 COST CONTROL COMMISSION MEETING SCHEDULE MOAKEHA BUILDING LIQUOR CONFERENCE 3 ALL MEETINGS ARE ON THE 2nd MONDAY OF EACH MONTH *UNLESS SPECIFIED MEETINGS START AT 1:30 P.M. OR SHORTLY THEREAFTER January 10 February 14 March 14 April 11 May 9, June 13 July 11 August 8 September 12 October 10 November 14 December 12 CCC 2010-23