Loading...
HomeMy WebLinkAbout041712_Special Meeting Open Session_Approved1m(tt) COUNTY OF KAUAI Minutes of Meeting SPECIAL MEETING- OPEN SESSION Approved as amended on 05/18/12 Board/Committee: KAUAI POLICE COMMISSION Meeting Date I April 17, 2012 Location Mo'ikeha Building—Meeting Room 2A/13 Start of Meeting: 1:30 P.M. End of Meeting: 2:30 P.M. Present Chair Ernest Kanekoa Jr., Vice-Chair James O'Connor; Members: Charles Iona, Alfredo Nebre Jr., Bradley Chiba, Randall Francisco, and Donald Okami Sr. Also Deputy County Attorney Jennifer Winn; Board & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 1:30 p.m. Business KPC 2012-11 Discussion relating to the salaries of the Chief of Police and Deputy Chief of Police positions. Chair Kanekoa turned the meeting over to Mr. Iona to provide the Commission with a recap of what took place at the recent County Council meeting on April 11, 2012. Mr. Iona explained that the County Council received Resolution 2012 -1 from the Salary Commission amending Resolution 2011-1 relating to the salaries of certain officers and employees of the County of Kauai. The Resolution proposed that all salary increases for the positions listed in Resolution 2012-1 would take effect on July 1, 2013. Mr. Iona stated that back in 2009 when the Police Commission was under the leadership of then, former Chair Russell Grady, the Police Commission was approached by the Salary Commission to consider a salary freeze for the Chief of Police until such a time when economic and budgetary conditions improve. He noted that at that time, the Police Commission voted to freeze the Chief's salary for a period of one year, with the option to revisit the issue Kauai Police Commission Special Meeting - Open Session April 17, 2012 Page 2 SUBJECT DISCUSSION ACTION after the year was over. However, the Police Commission was not given the opportunity to do so. Mr. Iona mentioned that there were two (2) items on the table, one of which was recommendation by Councilman Mel Rapozo to either accept the Resolution or reject part of the Resolution. Councilman Rapozo felt that the Resolution should be rejected in part due to some confusion regarding the date 07/01/11 which was bracketed and had a line through it and the date 07/01/13 which was underlined. Mr. Iona explained that after clarification from Deputy County Attorney Mona Clark, it was found that the date 07/01/11 was in error and that it should not have appeared in the Resolution. After further discussion, the Council voted to reject Resolution 2012-1 in part by a vote of 4 to 3. Mr. Iona then explained that the second motion was to accept the Resolution as a whole which also resulted in 4 to 3 vote and again it did not pass. He noted that without a super majority for both motions it failed to pass. He voiced his concern about the sixty(60) day window which would allow for intervention, however, if nothing is done, Resolution 2012-1 would become law. Mr. Iona mentioned that based on the discussion, it was mentioned that although the Kauai Police Chief is the most senior of all the other Chief's within the State, and with the most experience, he is the lowest paid Chief within the State. With regards to the salary of the Police Chief, Mr. Iona pointed out that an increase of$7,000.00 would bring his salary range from $107,335 to $114,848 which would be parity to the Big Island Police Chief salary range of$121,000 which included a subsidy of$7,000.00 Kauai Police Commission Special Meeting - Open Session April 17, 2012 Page 3 SUBJECT DISCUSSION ACTION Mr. Iona indicated that Prosecuting Attorney Shaylene Iseri-Carvalho rationale for raising the salaries for the Police Chief and their respective deputies is that public safety demands that the County of Kauai recruit and retain the best qualified people for those positions. Mr. Iona indicated that the County Council agreed that there should be raises given to certain department heads, however, they found that the way the Salary Commission structured the Resolution it gave all department heads a salary increase. Mr. Iona mentioned that an argument was made that the Salary Commission can only set the salary cap and it is up to the appointing authority to recommend a salary lower than the salary cap set by the Salary Commission. Mr. Iona noted that based on the County Council's discussions, Council Chair Jay Furfaro sent a memo to the Salary Commission requesting that they reconvene as soon as possible to consider immediately raising the salaries and lifting the effective date constraints for certain positions. Mr. Iona pointed out that the Police Commission's main concern is the position of the Police Chief because should the present Chief leave, his replacement would probably come from within the department rather than outside, unless there are circumstances far beyond the Commissions control. Mr. Iona provided information regarding annual salaries of police officers and other high ranking officers and expressed his concern whereby salaries of the Police Chief and Deputy Police Chief would be surpassed due to the annual increases provided in the collective bargaining agreement. Mr. Iona expressed to the Commission to consider that what is being asked is a$7,000.00 salary increase for the Chief of Police which is not much, but it is something better than letting it go until July 1, 2013 when the salary Kauai Police Commission Special Meeting - Open Session April 17, 2012 Page 4 SUBJECT DISCUSSION ACTION increases become effective. Mr. Okami asked whether it was necessary to use the Big Island as a measuring gage for the salary when the population is two and a half the size of our Police Department and that their crime rate is almost the lowest in the State. Mr. Iona indicated that an argument was made by Salary Commissioner Randy Finlay who indicated that the Police Commission should not compare the Chief's salary with the island of Maui. Mr. Iona stated that he explained to Mr. Finlay that the Police Commission only wants what is fair as far as the salaries and that Maui was a good comparison. Mr. Francisco expressed his embarrassment that his seven (7) years with the Chamber of Commerce and his salary is still the same as when he first started. He noted that the private sector is taking the brunt of it and felt that it's a matter of talent and precedence. Mr. Francisco indicated that he supports a salary increase for the Chief and suggested that the Commission make a statement that it recognizes the position of the Police Chief and its concerns that succession planning in the department would be affected by a low salary. Mr. Iona noted that the Police Commission and Fire Commission are both the appointing authorities and they must complete a performance evaluation, and based on the evaluation results the appointing authority would recommend whether a salary increase should be granted. Mr. Iona felt that for each year that the Police Commission completed the Chief's performance evaluation in which he was rated above excellent, he received no salary increase and only a pat on the back. Kauai Police Commission Special Meeting - Open Session April 17, 2012 Page 5 SUBJECT DISCUSSION ACTION Mr. Iona indicated that another concern that was raised at the County Council meeting was about the salary inversion; where the Department Head's are paid less than the employees that they supervise and about using a different pay scale for those positions that require professional licenses. Mr. Iona humbly asked his fellow Commissioners to consider all that is being said in support of salary increase for the Chief of Police. Mr. O'Connor questioned what position is the Police Commission taking as far as going before the Salary Commission to present testimony. Mr. Iona indicated that the Salary Commission is scheduled to meet on Monday, April 23, 2012, at 9:00 a.m. and suggested that Chair Kanekoa and members of the Commission attend the meeting. Mr. Francisco suggested to the Commission that it would be helpful to have prepared bullet points to assist the Chair with the testimony. Chair Kanekoa called for the motion. Mr. Iona moved that Chair Kanekoa and members of the Police Commission provide testimony before the Salary Commission in support of an increase in compensation for the Chief of Police. Mr. Nebre seconded the motion. Mr. Okami agreed about the idea of having the bullet points and cautioned the Commission on not to do a comparison between the Big Island and Kauai because although Kauai has a small population compared to the Big Island, our crime rate has jumped over the last couple of years. He suggested that the Commission place its focus on the dangers of the Police Chief's position. Kauai Police Commission Special Meeting - Open Session April 17, 2012 Page 6 SUBJECT DISCUSSION ACTION Mr. Iona indicated that in 2007 the County of Kauai hired compensation consultant Dr. Michael M. Nash to engage to perform a study of the excluded managerial compensation plan for the County Department of Personnel Services. Based on the study, the Salary Commission recommended a salary increase which provided a 25% increase for all non- elected positions, but nothing happened. Ms. Winn explained to the Commission that during that time she was with the Prosecutor's Office. She remembers that they got a huge pay increase which was followed each year for four years with a 7% increase, until the Mayor requested that the Salary Commission put a freeze on all salary increases for the administrative officers and certain employees and excluded the Prosecutor's Office. Mr. O'Connor recalled that at one time the Chief of Police asked the Police Commission for support to block the Mayor's proposal of furlough that would affect the Police Department. Fortunately,the Commission's recommendation had an effect. Mr. Iona agreed with Mr. Okami's suggestion to not bring the issue of comparison when dealing with the statistics. Mr. Okami voiced his concern that the level of compensation for the Director of Parks (although important) does not have the same significance as the Chief of Police. Mr. O'Connor asked for clarification on the Commission's position. Mr. Iona indicated that the Police Commission's position is to continue its support for a salary increase for the Chief of Police. He cautioned that the Salary Commission may not necessarily be looking at the $7,000.00; they may look at it as $7,000.00 times seven(7). Kauai Police Commission Special Meeting - Open Session April 17, 2012 Page 7 SUBJECT DISCUSSION ACTION Mr. Francisco noted that the Commission should advocate for this particular position and its uniqueness and that it's really about public safety. Mr. Okami indicated that if the Police Commission expects to recruit or get people to step up to that position, there must be an increase in compensation for the Chief of Police in order to assist them in recruiting a new Chief. Mr. Iona noted that First Deputy Prosecuting Attorney Jake Delaplane provided a power point regarding salaries of the rank and file within the Police Department. Mr. Francisco asked when the Chief's next performance evaluation is. Staff informed the Commission that his performance evaluation is due on October 31, 2012. It reflects the time period from October 2011 to October 2012. Mr. Francisco suggested using the Chief's performance evaluation as justification for a salary increase. Ms. Winn cautioned the Commission that the Chief's performance evaluation is a private matter and that any discussion about it is prohibited unless the Chief allows it. Mr. Okami recommended that the Commission base its justification solely on the importance of the position and the importance of increasing the compensation for the Chief of Police's position in order to assist them in recruiting quality candidates in the future. With no further discussion, Chair Kanekoa called for the vote. Motion carried 7:0 Kauai Police Commission Special Meeting - Open Session April 17, 2012 Page 8 SUBJECT DISCUSSION ACTION Executive At 2:05 p.m. Mr. O'Connor cited the Hawaii Revised Statutes §92-4 and Session §92-5 (a) (4), the purpose of this Executive Session is for the Commission to consult with its attorney as to its powers, duties, privileges, immunities, and liabilities as they relate to the selection of an attorney to represent the Commission in a Declaratory Ruling to determine the powers of the Mayor and the powers of the Commission pertaining to disciplinary powers. Chair Kanekoa called for the motion to enter into Executive Session Mr. O'Connor moved to enter into Executive Session. Mr. Iona seconded the motion. Motion carried 7:0 Announcements Next meeting—April 27, 2012 at 9:00 a.m. at the Mo'ikeha Building, in meeting room 2 A/B. Followed by Executive Session. Return to Open At 2:30 p.m. the meeting reconvenes in Open Session. Session to ratify the actions taken Chair Kanekoa called for the motion to ratify the actions taken by the Police by the Police Commission. Mr. Iona moved to ratify the actions taken by Commission in the Police Commission in Executive Session. Executive Mr. Nebre seconded the motion. Session. Motion carried 7:0 Adjournment Chair Kanekoa called for the motion to adjourn. Mr. O'Connor moved to adjourn. Mr. Nebre seconded the motion. Meeting adjourned at 2:30 p.m. Motion carried 7:0 Kauai Police Commission Special Meeting - Open Session April 17, 2012 Page 9 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Ernest Kanekoa Jr., Chair ( ) Approved as circulated (X) Approved as amended. See minutes of the May 18, 2012 meeting.