Loading...
HomeMy WebLinkAbout040110_SALARY_REGULAR_APPROVED_1COUNTY OF KAUAI Minutes of Meeting REGULAR MEETING — OPEN SESSION Board /Committee: SALARY COMMISSION Meeting Date April 1sT, 2010 Location Mo'ikeha Building — Liquor Conference Room Start of Session: 1:15 p.m. End of Session: 2:55 p.m. Present Commissioner's: Chair Randall Hee, 1 st Vice -Chair Charles King, 2nd Vice -Chair Trinette Kaui, Robert Crowell, William Dahle, Sheri Kunioka -Volz Also: Amy Esaki, First Deputy County Attorney, John Isobe, Executive Assistant and Boards and Commissions Administrator, Cyndi Ayonon, Administrative Aide and Mercedes Youn, Staff. Public: Councilmember Tim Bynum Excused Absent SUBJECT DISCUSSION ACTION Call To Order The meeting was called to order at 1:15 p.m. by 1St Vice -Chair Randall Hee. Approval of Commissioner King moved to approve Agenda the agenda, seconded by Commissioner Kaui and unanimously carried. 6:0 Approval of Regular meeting minutes of August 25, 2009. Commissioner Kaui moved to approve Minutes the minutes, seconded by Commissioner Crowell and unanimously carried. 6:0 New Business Commissioner Kaui moved to nominate Elect new Chair, 1 st Vice -Chair and 2nd Vice - Chair. Randall Hee as Chair, seconded by Commissioner King and unanimously carried. 6:0 Commissioner Kaui moved to nominate Commissioner King to 1St Vice - Chair, seconded by Commissioner Crowell and unanimously carried. 6:0 Cont'd from Commissioner Kunioka -Volz moved to page 1 — New nominate Commissioner Kaui to 2nd Business Vice -Chair seconded by Commissioner Salary Commission Regular Meeting — Open Session April 1St, 2010 Page 2 SUBJECT DISCUSSION ACTION Crowell and unanimously carried. 6:0 Public Testimony Councilmember Bynum thanked the Commission for their service to the public and for the A copy of Councilmember Bynum opportunity to come before the Commission. Councilmember Bynum stated that in the past the testimony was circulated to the executive salaries were way under what was reasonable for the county; he thanked the Commission. Commission for recognizing it and for making the salaries competitive with the private sector. Councilmember Bynum stated that because the County is now facing a difficult economic period, and the financial condition of the County has changed, Mayor Carvalho request to the Salary Commission that the salary increases for certain department heads be frozen. Mr. Bynum stated that he is particularly concerned about the current salaries of the County Clerk, County Auditor and Prosecuting Attorney, all who have salaries greater than the Mayor. And despite his reluctance to make a unilateral recommendation to do this without an action from the Council, but to do this as an independent member of the Council and as member of the community. He submitted this testimony today which basically asks the Salary Commission to consider taking the necessary steps to adjust the salaries of the County Clerk, Deputy County Clerk, County Auditor and the Prosecuting Attorney to levels established in the fiscal year 2009 -10. Furthermore, Councilmember Bynum requested that for the fiscal year 2010 -2011, their salaries continue to have parity with other department heads and be consistent with Mayor Carvalho's directive regarding furloughs. Councilmember Bynum also stated that unfortunately in this budget session the Council will be addressing the furlough issue, expressing that he would personally like the County to minimize or avoid the furloughs if possible, and in his own view the County has already taken pretty dramatic steps to reduce the workforce, making it complicated for the Council to determine which positions to fill and which ones not to fill, not to mention how it would feel to the employees whose pay is being cut 10 to 14 percent in terms of take home pay, while the County is still hiring more employees. Councilmember Bynum informed the Commission that the Council Chair has sent a communication to the County Attorney asking for the legal parameters in having the elected officials join in the furloughs, should they occur. Commissioner King- Referring to parity among the department heads and his experience some department heads have more responsibilities and others. Councilmember Bynum stated that some County positions require a certain level of education and licensure, for example the County Prosecutor is required to be a member of the Bar, and the County Engineer needs to be a licensed Engineer. Cont'd from page 2- Public Testimony He noted that the County Clerk and the County Auditor are appointed by the County Council, and the Count Prosecutor is an elected position. He agrees that if it is the judgment of this Salary Commission Regular Meeting — Open Session April 1St, 2010 Page 3 SUBJECT DISCUSSION ACTION Commission that each department head that holds a different salary level; they should be required to have a professional license along with some level of experience. But to have a person in similar categories that holds a salary that is two levels higher, while the department heads salaries are being frozen concerns him and may draw questions from the public. Chair Randall Hee stated that in regards to parity, what Councilmember Bynum is referring to is that certain positions are scheduled for salary increases, while other position salaries are being frozen, and for the sake of moving forward, Councilmember Bynum would like to see equality in terms of salaries. Councilmember Bynum stated that he requested to have this matter placed on the agenda for the council to discuss, but unfortunately it did not happen and now he is politically reluctant to do things unilaterally. Communication • Communication dated, October 30, 2009, from Malcolm Fernandez, Director of Personnel Services regarding the Performance Evaluation for the Executive Appointees. • Letter of resignation dated, September 30, 2009, from Commissioner Dawn Murata to Chair Virginia Kapali and Member of the Salary Commission. • Letter of resignation dated, August 20, 2009, from Commissioner Thomas Cooper to Chair Virginia Kapali and Member of the Salary Commission. Commissioner Dahle moved to receive all three (3) Communications, seconded by Commissioner King and unanimously carried. 6:0 Old Business Review and discuss establishing framework and guidelines for the upcoming salary increases commencing on 12/01/2010. Executive Assistant John Isobe stated that he would like to set the framework for the new members as well as senior members of the Commission. Because the Salary Commission has not met since August 2009, he would like to offer some background on some of the issues that were previously before the Commission, noting that some issues have changed. Last year the Mayor made a request to the Commission to freeze future salary increases for certain department heads Salary Commission Regular Meeting — Open Session April 1St, 2010 Page 4 SUBJECT DISCUSSION ACTION for two consecutively years. At that time the Commission took a position to freeze the salaries for only one year. The issue now is whether or not the Commission should choose to defer the salaries for the upcoming fiscal year that is scheduled for December 1, 2010. The Mayor has submitted a budget that is now up for consideration by the County Council, and in that budget the salaries reflected in the administration's budget does not take into consideration any salary increases for 2010. As Councilmember Bynum had indicated the administration is proposing furloughs or some kind of reduction for the entire workforce for the County of Kaua'i. Which has raised questions like "What happens to the salaries of certain individuals "? On August 25, 2009, the Salary Commission adopted Resolution 2009 -02, this Resolution relates to the salaries of certain officers and employees of the County of Kaua'i. It was approved by the County Council and by default, the Resolution automatically took effect. Mr. Isobe stated that Resolution 2009 -2, allows the appointing authorities to set salary levels up to the level established by the Salary Commission. He informed the Commission that a question was raised to the County Attorney by Council Chair Asing asking who the appointing authority is for the Mayor, Prosecuting Attorney and members of the County Council and does the Mayor have to accept the maximum salary provided for in Resolution 2009 -2. Mr. Isobe pointed out that within the tiers of the salary resolution some inversions have occurred and whether the Commission wants to deal with that remains a question. Another issue that the Commission needs to deliberate on is what to about the salaries that are slated to go into effect on December 1, 2010 and beyond. Chair Hee asked Mr. Isobe when the budget for FY 2010 -2011 will become finalized. Mr. Isobe stated that the new fiscal budget will take effect on July 1, 2010. At this stage the Mayor has already submitted the budget to the County Council and they have until June to approve the budget and send it back to the Mayor with their amendments. On May 8, 2010, the Mayor has another opportunity to address the County Council on the initial budget that he submitted with his amendments. Salary Commission Regular Meeting — Open Session April 1St, 2010 Page 5 SUBJECT DISCUSSION ACTION Commissioner Dahle asked if there is no money in the budget now and the County Council goes through their review, does the County Council have the authority to appropriate any money for potential increases. Mr. Isobe said yes. Executive Session To move the meeting into Executive Session, Chair Hee cites the Hawai'i Revised Statues: Pursuant to H.R.S. §92 -4 and §92 -5 (a) (2) (4), the purpose of this Executive Session is to approve Commissioner Kaui moved to take the the Executive Session minutes and to consult with Commissions Attorney on questions and issues meeting into Executive Session, pertaining to the Commissions powers, duties, privileges, immunities and liabilities as they may seconded by Commissioner King and relate to this item. unanimously carried. 5:0 o Approval of the Executive Session minutes of August 25, 2009. Meeting went into Executive Session at 2:30 p.m. Return to Open Session to Meeting reconvened at 2:35 p.m. Commissioner King moved to ratify the Ratify Executive actions taken in Executive Session, Session actions seconded by Commissioner Kaui and for item ES -1 unanimously carried. 6:0 Salary Commission Regular Meeting — Open Session April 1St, 2010 Page 6 SUBJECT DISCUSSION ACTION The Commission requested clarification from the County Attorney Alfred Castillo Jr., on these issues: Staff will send a notification to the County Attorney's Office requesting • Who is the appointing authority for the Mayor, Prosecuting Attorney and County Council? clarification on the issues discussed. • Must the elected officials accept the maximum salary provided for in Resolution 2009 -2? If not, what is the process by which they would accept a lesser salary resulting from the implementation of furloughs? • Assuming that the elected officials are salaried and not hourly employees will the furlough affect their level of compensation? Specifically, if the elected officials are not compensated for any hours worked over 40 per week, why would their salaries be unilaterally reduced if the worked one (1) or two (2) days less per month? The Commission also requested clarification on the furlough reductions for the Department Heads. Staff will send a notification request for • Request the Mayor provide written clarification and explanation on his intentions to the clarification to Office of the Mayor and Salary Commission. Malcolm Fernandez, Director of • Provide a detailed description of the County's proposed furlough plan and how it will affect Personnel Services. the various positions listed on Resolution 2009 -2. • If the appointed officials are salaried and not hourly employees, will the furloughs affect their level of compensation; and if the appointed officials are not compensated for hours worked over 40 per week, would their salaries be reduced if they are placed on furlough. • Provide a written explanation on how the County intends to implement proposed reductions in compensation. If the proposed furlough plan proposes to reduce the compensation for the appointed officials, would it require an amendment to Resolution 2009 -2? The Commissions next meeting is scheduled for Wednesday, May 12, 2010, at 9:00 a.m. (Notification of the next meeting location will be sent to the Commission Members by email) Adjournment Commissioner Kaui moved to adjourn With no further business to discuss Chair Hee called for a motion to adjourn. the meeting, seconded by Salary Commission Regular Meeting — Open Session April 1St, 2010 Page 7 SUBJECT DISCUSSION ACTION Commissioner King and unanimously carried. 5:0 Meeting adjourned at 2:55 p.m. Submitted by: Mercedes Youn, Staff (X) Approved as is. Approved on June 30, 2010. ( ) Approved with amendments. See minutes of meeting. Reviewed and Approved by: Charles Kingl" Vice- Chair