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HomeMy WebLinkAbout030112_Agenda PacketCharles King Vice-Chair COUNTY OF KAWA'USALARY COMMISSION NOTICE OF MEETING AND AGENDA March 1, 2012 9:00 o.cn.o, shortly thereafter Mo`Uccbo Building, Meeting Room 2/\/2B 4444 Rice Street, [Tbu'c,|}| 90766 APPROVAL OF MINUTES Regular Open Session Minutes of February /"20l2 Executive Session Minutes of February 1, 2012 Members: lrioette Kuui Randy Finlay Michael Machado 8beriKnuoka-Y0lz BUSINESS SC 2011-13 Discussion and possible decision-making oo the possible hiring ofu consultant tu conduct a review of salaries inciudin�� but not Unu;tedto, f�ngcbenefits of council members and all officers and employees included in Section 3-2.1 of the Kauo'l County Code. (o) Communication dated 02/l4/l2 from Chair Robert Crowell tn City and Countv Vf Honolulu Su|ory Commnisainn, Maui County Salary Commission, and Bav«mi'i County �alur�Coonouiomion,nnqu�stio�iofbonodou in regards estubbshin�nmu-bug§uiningcnup(oyeus` soludcm. SC 2011-14 Discussion and possible decision-making on establishing salaries for the fiscal year 2Ol2/20l3 for council members and all officers and employees included in Section 3-2.1 of the Kaua'i County Code. (Deferred on 1'2/02/111) kd Communication dated 02/V1/l2from Vice-Chair Charles King to Malcolm Director ufPersonnel Services, requesting information relating to salaries of employees and uniformed officers in Police Department. (h) Communication dated 02/10/12 from Malcolm Fernandez, Director of Pcreuoutl8ervicco,rcmpoumciourequcptdu1mdD2/O2/!226mmm\/ioe-ChairChodcs King requesting for information relating to salaries. An Equal Opj)orluni�y Employer SC 2012-01 Discussion and decision-making on a draft Resolution 2012-1 amending Resolution 2011 -1 Relating to Salaries of Certain Officers and Employees of the County of Kaua'i. ANNOUNCEMENTS ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pursuant to Hawai'i 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 FIRS §92-4 and shall be limited to those items described n FIRS §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 meetitull. 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 Send written testimony to: Salary Commission Attn: Mercedes Youn Office of Boards and Commissions 4444 Rice Street, Suite 150 LThu'e. HI 96766 E-mail: Ln:,_o-q6djkauai.,_g.)-, Phone: (808) 241-4920 Business Fax: (808) 241-5127 Salary Commission — March 1, 2012 2 I P a g e 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 -4 20 at least five (5) working days prior to the meeting. Salary Commission — March 1, 2012 3 1 P a g e n r 1I TI@B,@A'g'ar ti _4 COUNTY OF KAUAI ..,oigeg Minutes of Meeting OPEN SESSION Board/Cornmittee: I SALARY COMMISSION Meeting Date February 1, 2012 1-ocation Mo'lkeha Building ­ Meeting Room 2 A/B Start of Meeting: 9:00 a.m. F.nd of Meeting: 11:30 a.m. Present Chair Charles King; Members:Trinette Kaui; Randy Finlay; Michael Machado; and Sheri Kunioka-Vats Also Deputy County Attorney Mona Clark; Board & Commissions Office Staff. Support Clerk Mercedes Youn-1 Administrator Paula Morikami Testifiers: Police Commission Chair Ernest Kanekoa Jr.; Police Commissioner Charles Iona; Ms. Solette Perry; Fire Chief Robert Westerman. Audience member Deputy Fire Chief John Blalock. Excused Member: Robert Crowell Absent SUBJECT DISCUSSION ACTION Deputy County Clerk Jade Tanigawa, administered the Oath of Office to — ---- - Charles Kimurior to the meeting called to order. Call To Order Chair King called the meeting to order at 9:00 a.m. noting that Mr. Crowell was excused from the meeting. Chair King asked for a moment of silence in remembrance of Commissioner William Dahle. Approval o f Regular Open Session Minutes of December 2, 2011 Ms. Kaui moved to approve the minutes as--­­--- Minutes circulated. Ms. Kunioka-Volt seconded the ---- --- motion. Motion carried 5:0 Election of Chair King stated that Mr. Crowell agreed if nominated to serve as Chair, Officers for 2012 however, his work schedule for the month of February is pretty full and (Deferred on that he would not be available for most of February. Chair King voiced his 12102/11) support in submitting a new resolution to the County Council by the March 15 deadline. Salary Commission Open Session February 1 2012 Page 2 SUBJECT DISCUSSION ACTION Ms. Kunioka-Volz moved to nominate Robert Crowell to the position of Chair. Ms. Kam seconded the motion. Motion carried 5:0 Mr. Machado moved to nominate Mr. Charles King to the position of Vice-Chair. Ms. KaLd seconded the motion. Motion carried 5:0 Public Vice -Chair King acknowledged Ms. Perry's request to have Chair Ernest Testimony Kanekoa sit with her during her testimony pertaining to items SC 2011-13 and SC 2011-14. Ms. Perry stated that she is here to provide testimony in support of a salary increase tor the Chief of Police and Deputy Chief of Police. She explained that the present salaries are well below the market and regional rates for similar positions and far less than their highest-paid subordinates. The Chief of Police and Deputy Chief of Police salaries continue to see a salary inversion and were subjected to a salary freeze when all other police officers positions did not experience a salary reduction or furlough. Ms. Perry also indicated that the Chief of Police position has been annually evaluated and has demonstrated successful performance and rated overall "exceeds expectations" in the evaluation periods since his appointment on October 1, 2007, Additionally, the Chief of Police evaluates the Deputy Chief with the same instrument and process. Ms. Perry noted that the Salary Commission is the body that can delegate with the legal authority to establish the salaries of all council members and all officers and employees included in Section 3-2.1 of the KaLia'i County Code 1997. Ms. Perry asked the Salary Commission to consider her recommendations for a pay increase and to vote to pass a resolution no later than March 15, 2012. Salary Commission Open Session February 1 201 2 Page 3 SUBJECT DISCUSSION ACJJON Vice-Chair King asked whether the annual pay for the outer island Police Chiefs included the uniform and gun allowance. Ms. Perry stated that the only Chief she knows who receives the uniform and gun allowance is the Big Island Chief of police. Mr. Finlay stated that he has the greatest respect for the men and women of the Kaua'i Police Department. Mr. Finlay asked the total amount of employees and uniformed officers employed by the Kaua'i Police Department, as well as the outer islands. Mr. Finlay wondered whether the number of employees have a bearing on the salary of the Chief of Police. Mr. Kanekoa stated that Maui and the Big Island Police Departments have a total of 300 civilian employees and uniformed officers. The Honolulu Police Department has 1700, and Kaua'i has 185 civilian employees and uniformed officers employed in the Police Department. Mr. Finlay asked what the base salaries are, excluding benefits and overtime, because studies show that there was no salary inversion in the Police Department. Based on the gross salaries, Mr. Finlay asked for clarification on whether there truly was a salary inversion if there wasn't overtime included. Ms. Perry stated that she did not do an analysis. However, the annual base salary for a police officer runs from $40,000 to $50,000 and subsequently as years of service pass and through the collective bargaining pay raises it would bring up the base salary. Ms. Perry pointed out that the position of the Chief of Police and Deputy Chief of Police is exempt and has no opportunity to receive overtime pay. She included that although the base s,d,,jry, for„ adaolice officer is lower than the Chiefs, one must recopnize that Salary (,7onunission Open Session February 1 2012 Page 4 St.,JBJECT DISCUSSION A the compensation of an officer is going to be skewed by the earned overtime which is a recognized compensation piece for retirement purposes. Normally you would not see an inversion if you are basing it on the base salary. Ms. Perry added that at the end of the day, there truly is a salary inversion because if you look at the Excluded Managerial Compensation Plan, it may result in a pay increase for the bargaining unit employees which could result in a possible inversion. Vice-Chair King noted that Appendix B of the 2007-2008 Kaua'i County Salary Commission Report indicated that there was a pretty significant inversion of 31 %. The salary of the Chief of Police back then was $75,000 and the highest Subordinate salary was $98,000 which is a $23,000 difference. Even with the 25% increase that was recommended in the past, there still was an inversion after that. Ms. Perry suggested that the Salary Commission hire a third party consultant because the previous consultants who did the first study probably looked at the data and found that there was an inversion based on the base salaries. Ms. Kumoka-Volz noted that was the reason for the salary increase in 2007, which was to get rid of the inversion. Mr. Finlay stated that currently there is no salary inversion on base salaries, Mr. K.anekoa informed the Commission that in 2007 the Police Commission at that titile had concerns about the salary inversion that was occurring. Mr. Kanekoa added that in August 2009 there was a communication from the Salary Commission to the Police Commission requesting their opinion regarding the Mayor's request to defer the Administrative salaries increase slated to take effect on December 1, 2009. Salary Commission (-,)pen Session February 1 2012 Page 5 SUBJECT Mr. Kanekoa indicated that in 2009 the Police Commission voted to support the Mayor's request, but had various concerns and asked that the Salary Commission take into consideration that prior to the start of the next fiscal year the Police Commission would like the opportunity to submit its own recommendations regarding the Chief of Police salary. However, that opportunity disappeared when the Salary Commission was informed by the Mayor via a letter to freeze the salary increases for all County employees for fiscal year 2012. Mr. Finlay pointed out that to take the gross salaries with the overtime and compare them with the base salary of the Police Chief put a complex burden upon the Salary Commission to anticipate overtime and avoid a salary inversion. Mr. Finlay voiced his concern that it was not fair to compare base salaries with the Police Chief because the base salary plus overtime comes with the subordinates. Mr. Finlay felt that the excessive amount of overtime could be handled with better management of the resources. Mr. Finlay stated that no one can anticipate overtime but to use the overtime on top of the base salaries and call it a salary inversion can be a proper argument for an increase for the Police Chief. Mr. Kariekoa believed that even without the overtime there still is a salary inversion occurring. Mr. Finlay stated that the rate of pay flor the Chief of Police is beyond the scope of the Salary Commission. Mr. Iona explained that as a former SHOPO police union representative, they negotiated the contract for the bargaining unit employees by looking at the salaries of the top level positions. The union knew that they could not ask for salaries that would supersede the salaries of the top level positions and by working with those numbers, the union could factor in the pe centa_g,,es and the cost of living. Mr. Iona humbly asked that the Salary Salary Commission Open Session February 1 2012 Page 6 SUBJECT DISCUSSION ACTION Commission consider a pay increase for the Chief of Police and Deputy Chief of Police as proposed by Ms. Perry. Mr. Iona corrected himself and indicated that the correct number of employees and uniformed officers for the Mani County was 500. Ms. Kaui asked whether the assistant chief's and captains are part of the collective bargaining unit or is it just the lieutenant and sergeant positions. Ms. Perry indicated that the positions of the assistant chief and captain are excluded from collective bargaining; however, they are tied in by the 89C which is the statutory language that provides no less than the collective bargaining. Ms. Kunioka-Volt asked whether the Chief's annual salary of $107,335 included the gun and uniform allowance. Ms. Perry replied no, but his annual gross salary would amount to about $109, 000. N/Ir. Finlay indicated that although he would like to see both the Fire and Police Department get a pay increase, the Salary Commission has to keep in mind that the taxpayers, as well as the County revenues, are taking a hit due to the current economic situation. The task of trying to balance everything puts a strain on the Salary Commission. 1-le added that by giving the Chief ot'Police a raise it would send a clear message to the bargaining units to push for more money. Mr. Iona stated that he understood Mr. Finlay's concerns; however, he felt that in order to attract qualified individuals for high level positions, one must take the chance and try to balance the need and at the same time be fiscally conservative. Salary Commission Open Session February 1 2012 Page 7 SUBJECT DISCUSSION — ------ ACTION Mr. Iona feared that by not approving the pay increase for the Chief of Police and Deputy Chief of Police it would difficult to attract highly qualified individuals and retain them. Mr. Iona stated that you must compensate the individual accordingly because it would be hard to ask a person to take a pay cut just to be Chief. Mr. Iona stated that there have been cases where an individual accepted a high level position and within a few months decided to return to his old position. Ms. KaLd asked for clarification of the salary increase proposal for a 7 1/2 month period at 22% increase for the Chief of Police and Deputy Chief of Police. Vice-Chair King questioned the cost of hiring an out of state agency to assist with its market studies. Ms. Perry reftained from revealing the cost but indicated that 1114SC utilized the services of Stroudwater Consultants to assist them with its market studies. Ms. Perry added that prior to being employed at I It, ISC,Stroudwater Consultants were hired to do a statewide Excluded Exempt analysis and comparative nationwide analysis which they presented to HI-ISC with recommendations for the exempt excluded positions similar to the Chief ot'Police. Ms. Perry encouraged the Salary Commission to hire a consulting firm to assist them in gathering information that would help them determine a foundation for arriving at a salary grade for benchmark jobs. Chair Kanekoa stated that the police Commission supports a salary increase for the Chief of Police and Deputy Chief of Police as recommended by Ms. Perry. For clarification, Fire Chief Robert Westerman indicated that the hours that the police and tire personnel keep are not nine to rive because when a call Salary Commission Open Session February 1 2012 Page 8 SUBJEcr DISCUSSION ACTION comes in during the weekend and you have to call on a ranking person to handle the situation that is when the overtime kicks in. In addition, Chief Westerman clarified that it was the Big Island Fire Chief who recently received a salary increase and not the Maui Fire Chief. Chief Westerman explained that when the Big Island Fire Chiefretired in October and with the hiring of a new Fire Chief, the Fire Commission decided to give the new Fire Chief the minimum range for salary. That meant the new Fire Chief took a fifteen thousand dollar pay cut, which he did not realize, because he assumed that he would receive the salary range set by the charter. However, six months into the job the Salary Commission reviewed his work performance and decided to bump tip his salary to the maximum salary range. Chiel" Westerman stated that when he became the Fire Chief, the first thought that came to mind was who is going to replace him after fie retires from the County. He stated that in order to keep it local the County must have an incentive program and a good succession plan because in reality the salary is the basis for retaining the right individual. At 10:1.5 a.m. Vice-Chair King called for a 15 minute recess. Meeting reconvened at 10:35 a.m. Business SC 2011-12 Discu ;sic nA d o' and ssible decision-piakin), on whether the CL0nWy_Qounci__1,, as-the the -performance of the County Auditor as provided for in Section 32.02D of the Charte.L.A-Deferrecl on 12102F11} Vice-Chair King explained that at the last Salary Commission meeting, the Commission reviewed and discussed the communication from Council Vice-Chair JoAnn Yukimura in which she pointed out that there is a discrep ney between the omfing authority of the County Auditor and __ ... c _ar� ____ , Salary Commission Open Session February 1 2012 Page 9 SUBJECT DISCUSS 10N_ ACTION the authority that sets the County Auditor's salary suggesting that this "disconnect" may have been intentional, arising out of a need to protect the County Auditor against political pressure. Mr. Finlay expressed his concern that the Salary Commission is finding the same issue with the Police Department, whereas the Salary Commission sets the maximum salary of the Police Chief assuming that the Police Commission is going to work within the salary range to evaluate and promote. What Council Vice-Chair Yukimura is recommending is that the Salary Commission recommends a change to the Charter to make the County Council the body that sets the salary of the County Auditor. Ms. Clark stated that Section 29.03 of the County Charter states that the respective appointing authority may set the salary of all appointee at a figure lower than the figure established by ordinance for that position. Vice-Chair King stated that the Salary Commission should point out to the respective Commissions that they do not have to pay up to the maximum and that this is the new maximum that has been set by the Salary Commission, Ms. Morikami indicated that Article 1. (c) of Resolution 2011-1 clarifies that the Administrative office and employee salaries shall not exceed the maximum salary provided for in this article at the time of employment. flowever, the respective appointing authority may set the salary of any new or existing non-elected appointee at a Figure lower than the figure established for the position, Ms. Kunioka-Vol; stated that the Commission should not take any action on this matter because under the charter, it states that the Salary Salary Commission Open Session February 1 2012 Page 10 SUI1I C. l DISC SION _..___._.._.._..._ AC `T"IC)N Cormnission shall fix the salary of the County Auditor and the appointing authority is the County Council. Therefore, as the appointing authority they should be the body to evaluate the County Auditor. The Commission agreed that no action would be taken on this platter. SC 2011 -13 Discussion and decision-making on the possible hiring of a consultant to conduct a review of salaries including, but not limited to fir e benefits of council members and all officers and employees included in Section 332;1 of the Kauai County Code. Ms. Kaui stated that in 2007 the DPS (Department of Personnel Services) spearheaded the Nash Study and felt that they would be the experts in setting parameters to do another study. Llowever, she felt that the new study would not be available in time for the March 15 deadline. Mr. Finlay felt that it would be encouraging for the employees to know that a study is being conducted and that the following year there may be raises with science applied to it. Vice -Chair King requested that Staff contact DPS to get an estimate on the cost of doing another study and to contact the other counties to find out what their process is. Ms. Kunioka-Volz also suggested inviting the other counties to participate in a joint study that would assist the Commissions in determining salary guidelines for non - bargaining employees specifically, the Mayor and the Department I leads and Deputies. She stated that maybe the Personnel Director would be the appropriate individual to approach the other counties. Salary Commission Open Session February 1 2012 Page 11 StJBJf,,,c,r DISCUSSION -- - — ----- --- - - ------ Mr. Finlay agreed that by sharing the cost to do the study it would benefit all counties. He asked staff to contact the other counties to ask if they would be interested in doing a joint study. Mr. Finlay stated that the Salary Commission should submit a resolution to Council by the March 15 date. Vice-Chair King stated that the resolution that was submitted in August 2009 deferred the raises until July 1, 2013. He asked whether the Commission Would want to go back on what was previously submitted. Mr. Finlay stated no; however, if the Salary Commission were to reintroduce the August resolution it would take the tainting of the illegal time completely out. Ms. Kaui asked whether there would be any legal ramifications by doing that. Ms. Clark stated that it would not be a problem for the Salary Commission to reintroduce the resolution. Ms. Clark suggested that the Commission might want to clarify the Prosecutor's concerns that related to the frozen salaries and whether the Salary Commission meant it as a salary cap or the actual salaries and that the Prosecutor could not give any increases to members of her staff even Lip to the caps that were set. Ms. Clark noted that although the context in the resolution was clear that the Salary Commission was talking about salary caps, the wording is not exact and could be tweaked. Ms. Kaui requested for Staff to get information on the total number of emlo yees and uniformed officers, vacancies, including a list of base Salary Commission Open Session February 1 2012 Page 12 SUBJECT DISCUSSION AC, , TI 0 , N salaries excluding the overtime for each of the assistant chiefs, captains, lieutenants, sergeants, detectives and officers from January 1, 2010 to December 31, 2011. Ms. Kumoka-Vol; stated that it would helpful to get the Comparison of County Department Data and Resident Population Report for the current fiscal year, as well as information on the uniform and gun allowance for the Chief of Police. Vice - Chair King suggested that the Commission go into Executive Session to have Ms. Clark brief the Commission in the complaint that was filed in Fife. Circuit Court. At 11:00 a.m. Ms. Clark cited the Hawai'i Revised Statues to take the meeting into Executive Session on matters pursuant to Section §92-4, §92- 5 (a) (2) (4) and §92-9 (a). The purpose of this Executive Session is to approve Executive Session meeting minutes. The further purpose is to consult with its attorney on questions and issues pertaining to the Commission's and the County's powers, duties, privileges, immunities and liabilities as they may relate to these items, and to make a decision the Commission deems appropriate. l`IS: 2012-01 Executive Session Minutes of December 2, 2011. FS -1 Briefing from the County Attorney's Office on the complaint filed in Fifth Circuit Court by Councilmembers Mel Rapozo and Kipukai Kuali'i naming the County of KauXi and 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, , c at the word "shall" contained in Section 29.03 of the Charter �pe ificaUy, that Salary Commission (open Session February 1 2012 Page 13 SUBJECT DISCUSSION ACTION is mandatory rather than directory and that Resolution 2011 -1 is void its it was submitted after March 15, 2011. 'ice -Chair King called for the motion to enter into Executive Session Mr. Machado moved to enter into Executive Session. Ms. Kaui seconded the motion. Madan carried 5:0 Return in Open At 11:05 a.m. the Commission reconvened in Session Open Session, SC 2011 -14 Discussion and passible 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. (Deferred on 12/02111) Vice - Chair King noted that Commission could either reintroduce the same resolution or introduce a motion to increase the salary for the Chief of Police and Deputy Chief of Police. Vice -Chair King stated that according to Resolution 2011 -1 the next pay increase for the Chief is scheduled to take effect on July 1, 2013 which would increase his salary to $114,848 which is a 7% increase. Mr. Finlay indicated that lie would support a new resolution only if it is similar to Resolution 2011 -1. Mr. Finlay hesitated to respond to the request for a salary increase for the Chief of Police and Deputy Chief of Police stating that if the request is granted there will be more to follow. Mr. Finlay stated that he would rather postpone the salary increase until the new study is completed and that all of the information has been considered. Mr. Machado agreed with Mr. Finlay's suggestion, but felt that there was a definite sala_iv inversion with the the Depute Chief of Police position. Ms. Salary Commission Open Session February 12012 Page 14 StJBJECT DISCUSSION Kunioka-Vole: stated that she doesn't think that the Deputy took a wage decrease; he took an income decrease because his base salary was still higher. Ms. Kaui indicated that she would like to review all of the information before making any decisions regarding the Chiet7s salary just in case the Commission needs to justify its decision. Vice-Chair King requested information relating to the previous year Comparison of County Department Data and Resident Population Report for FY 2009 -10. Mr. Finlay voiced his concern that there might be sonic interdepartmental issues in the Police Department that may be contributing to the department's overtime problem. Mr. Finlay felt that the Police Commission is trying to solve the overtime problem by giving the Chief a raise, Ms. Kunioka-Vole noted that the Police Department has their own recruitment process which may be part of the problem because the recruitment process is so cumbersome. Vice-Chair King called for the motion to have Staff request for the following information from the Department of Personnel Services in regards to the Police Department. L Base Salary Rates from January 1, 2010 to December 31, 2011 2. Comparison of County Department Data and Resident Population for Fiscal Year 2009-10. 3. Total number of employees and vacancies in the Police Department as of January 1, 2012 Salary Commission Open Session February 1 2012 Page 15 SUBJEC'F DISCUSSION — ------ 4. The Cost of the 2007/2008 Nash Study and the approximate cost of another study similar in scope to the Nash Study Mr. Finlay suggested that the Commission amend Resolution 2011 -1 by cleaning up some of the language to make it clearer as to the Council's concerns about the maximum salary cap. And if the Commission decided to do something about the Police Chief and Deputy Police Chief salary it could be done then. The Commission agreed. Ms. Morikami pointed out that Council had concerns related to the Mayor's salary on whether lie has the authority to reduce his own salary. Ms. Morikami further explained that the way the Council perceived it was that the Mayor accepts the salary and then writes a check to the County for the amount of the increase. Vice-Chair King stated that since the Salary Commission would not be giving the Mayor an increase it shouldn't matter. Vice-Chair King called for the motion that Ms. Clark draft Resolution 2012-1. Ms. Clark acknowledged the Commission's request and that she would have the draft ready by the next Salary Commission meeting. Ms. Kaui suggested that Staff write to the Salary Commissions from the ACTION Ms. Kaui moved and Ms. Kunioka-Vol: seconded the motion. Motion carried 5:0 Mr. Finlay moved that Deputy County Attorney Clark draft Resolution 2012-1 that restates the Commission's convictions as stated in Resolution 2011 -1 with the appropriate language that may placate some of the concerns from the Previous Resolution 2011 -1. Ms. Kaui seconded the motion. Motion 5:0 Salary Commission Open Session February 1 2012 Page 16 SUBJECT — ------- DISCUSSION other counties to request the following information: __-ACTION 1. How do they determine the salaries of their non-bargaining employees, specifically, the Mayor, Department Heads and Deputies`' 2. How do they determine the salary ranges for each position or do they determine the salary caps 3. Has their Personnel Department or Commission hired a consultant to help determine the salaries? 4. Would they be interested in participating with other county salary commissions and share the cost of having a joint study in determining salary guidelines Mr. Finlay moved to have Staff request for the Vice-Chair King called for the motion. information as indicated by Ms. Katti. Ms. Kunioka-Volz seconded the motion. Motion carried 5:0 With no further discussion, Vice-Chair King suggested that the Commission defer this matter for continued discussion and deliberation pending receipt of the information. Ms. KaLd moved to defer item SC 2011-14, Mr. Machado seconded the motion. Motion carried 5:0 Announcements Next Meeting -- March 1, 2012, 9.00 a.m. at the Mo'ikeha Building, Meeting Room 2 A/B. Adjournment Mr. Machado moved to adjourn the meeting at 11:30 a.m. Ms. Kaui seconded the motion. Motion carried S :C) Salary Commission Open Session February 12012 Page 17 Submitted by: Mercedes Youn, Staff Support Clerk Approved as circulated (add date of meeting approval). Approved as amended. See minutes of meeting. Reviewed and Approved by: Charles King, Vice-Chair F - Robert Crowell Members- Chair Trinette Kaui _X Randy Finlay Vice- Chair Michael Machado COUNTY OF KAUAI SALARY COMMISSION 4444 Rice Street, Suite 150 Llhu'el. Hawai*i 96766 TO: City and County of Honolulu Salary Commission Maui County Salary Commission Hawaii County, Salary Commission FROM: Robert Crowell, Chair, County of Kauai Salary Commission Via: Paula Morikami, Administrator, Office of Boards and Commissiongoy", Cc: Gary Heu. County of Kauai Managing Director Malcolm Fernandez, County of Kauai Director of Personnel Services DATE: February 14, 20121 SUBJECT: Request for Information Regarding Establishing Non-Bargaining Employees* Salaries Aloha County Salary Commissioners. At its meeting on February 1. 2012, the County of Kauai Salary Commission asked staff to write to the other County Salary Commissions to request the following information: 1. How does vour Commission determine the salaries of your non-bargaining emplo-yees, more specificall. y, , your Mayor, Department Heads and Deputies? Do you determine the salary ranges for each position or do you determine the salary caps? 2. Has your Commission, Personnel Department, or Human Resources Department hired a consultant to help determine these salaries? I Would your Commission/Personal Department/Hurnan Resources Department be interested in participating with the other county salary commissions and sharing in the cost of having a joint study in determining salary guidelines? (The scope of work would be determined by those participating.) Your comments would be greatly appreciated. Thank you, Robert Crowell Chair Charles G. King Vice-Chair Mernbers: Trinette haul Randy Finlay Sheri Kumoka-Volz Michael Machado COtTNTYOF KAUAI SALARY COMMISSION 4444 Rice Street, Suite 150 L-ihu*e. I-lawal'i 96766 TO: Malcolm Fernandez, Director of Personnel Serv=ices FROM: Vice-Chair Charles King, Salary Commission Paula Morikami. Administrator. Office of Boards and Commissions Yry&l Cc: Gary Hen, Managing Director DATE: February 1, 2012 SUBJECT: Request for Information Relating to Salaries At its meeting on February 1. 2012, the Salary Commission requested the following information from the Department of Personnel Services in regards to the Police Department: 1. The total number of employees in the Police Department as of January 1. 2012 2. The total number of vacancies in the Police Department as of January 1. 2012 3. A list of base salaries (excluding benefits and overtime) for each of the Assistant Chiefs (Inspectors), Captains, Lieutenants, Sergeants. Detectives. and Officers from January 1. 2010 through December 31, 2011 4. The "Comparison of County Department Data and Resident Population" Report for Fiscal Year 2009-2010 (The Commission received the F Y2010-201 I report from your office which is attached.) 5. The Cost of the 2006/2007 NNash Study and the approximate cost of another study being conducted in 2112 (similar in scope to the Nash Study) The Salary Commission plans to meet again on March I * 2012 and Nvould appreciate hearing from you by February 22.20 12 in order to meet the posting deadline. If you have any questions, please contact meat (808) 241-4922 or email r.7.1 rni Thank you. Bernard P. Cara valho, Jr. Mawr Malcolm C. Fernandez Director of Personnel Services February 10, 2012 TO: Vice-Chair Charles King, Salary Commission Paula Morikami, Administrator, Office of Boards and Commissions In response to your request dated February 1, 2012, for information pertaining to the Police Department, we provide the following responses. Question #1: The total number of employees in the Police Department as of January 1, 2012. Response: As of January 1, 2012, there were 185 civilian employees and uniformed officers employed with the Police Department. (Uniformed Officers - 126, Civilian Employees 59) Question #2: The total number of vacancies in the Police Department as of January 1, 2012, Response: As of January 1, 2012, the total number of civilian and uniformed officer vacancies in the Police Department was 47. (Uniformed Positions - 29, Civilian Positions -- 18) Question #4: The "Comparison of County Department Data and Resident Population" Report for Fiscal Year 2009-2010 (The Commission received the FY2010-2011 report from your office which is attached. Response: Please find the attached FY 2009-2010 report. Question #5: The Cost of the 2006/2007 Nash Study and the approximate cost of another study being conducted in 2012 (similar scope to the Nash Study). Response: Our records show that the County of Kaua'i entered into a contract with Dr. Michael Nash for $97,700. We do not have an approximate cost of another similar study being conducted in 2012. We hope all your questions were addressed. If you have any further questions please contact this office. 0 Base Salary Rates January 1, 2010 to December 31, 2011 Note: Pav rase on 7 , ji/10 7/1/10-12/31/11 POLICE INSPECTOR 'POLICE CAPTAIN $83,460.00j ,[POLICE CAPTAIN $7,537MI xkqp-u�[ $7,149M;� $85,T88.001 '90,936M $7.578 ,66' $6 8.00 000 11, $7,578.00 POLICE LIEUTENANT $6,392.001 $85,788.00 1, POLICE SERGEANT $6,291.00,1 $75,492.00i POLICE-SERGEANT 011 MIS $6,291.0 MM FAIM' V& $72,360.001 'POLICE SERGEANT �Mcjfi owe i ,111 $78,732.0 POLICE SERGEANT POLICE SERGEANT MGM $6.668.00 EMMISPA6101 $72,360.00i Nei $6,955M DETECTIVE $6,03 001 $8Z212.001 [—DETECTIVE 6,00 Jim= �u III $6,12?3.00 DETECTIVE, Base Salary Rates January 1, 2010 to December 31, 2011 Note, Pay rwse on 7/1/10 J Position 1 itle Base $48336.00' POLICE OFFICER I $54,360M, $57,624M1 $52,332.00� $4,802.00 POLICE OFFICER 1 $4,361. INUMM =100 1,56,532.001 $4,188.001MM_�#. 11W $50,256.001� M ZIA921 — - - - - - - - - - - - - - - - - - - - - - - - - - - - UUMTOM $53,2 68.001" $4,439.00' 22 wx "00 $50,256 $4.439.001�� _'111 I'll VIII $A 88 $66,468.001 POLIC FFICER I • $5a256.001 MEN $5,871.0 POLICE OFFICER I $4,361.09,1 $4.994.00i $59,928.tiff POLICE OFFICER I SIM lg#1400901 2ESM. $50,256mi POLICE OFFICER I $4,361.0Q $52,332. 0& $4,439.001 $48,336.0 t $4,439.001 10 UUM POLIC OFFICER I E $56,532A111 $5,642M! POLICE OFFICER I p11 II $4,802.00" POLICE OFFICER I Base Salary Rates January 1, 2010 to December 31, 2011 Noe: Pay raise on 7/11/10 1/1/10-7/1/10 Monthly Base $50256,00111 _maw $S6420& $50,256.001 $4,361J0O $4,530,001, $54.36000 $52,33ZOO' POLICE OFFICER 1 $50,256.001, POLICE OFFICER ■1 $50.25&00 $4,439. i # if i llj ED=* POLICE OFFICER 1 $61,356.001, f# i NNW- POLICE OFFICER I $54,360.001[ $4 994.00 POLICE OFFICER I $4,188.0011 $50,25&0 0 $4,623.00M�_�� l W- 01 E $53 ,2 68. W IPOLICE OFFICER I $4,361.06 06 I POLICE OFFICER 1 POLICE III I • WSO L $4,028.00 $48,336.00111 $4.439.001 POLICE OFFICER 1 $4,028.001 $48,336.00 $4.439.06 i. C .I'•� POLICE OFFICERI $4,1RA001 $50 ,256.00'' $4 OC ,623., 13M POLICE OFFICER I $4,028.0 $48.336.W $4.43900 ,POLICE OFFICER I ii4,361�0i POLICE OFFICER $56,532001 POLICE OFFICER it POLICE OFFICER if 5,420.00 Base Salary Rates January 1, 2010 to December 31, 2011 Note: Pay raise on 7/1/10 7/1/10-12/31/11 osition Title POLICE OFFICER It POLICE OFFICER If Exhibit 10 ANNUAL NO. OF OPERATING DEPARTMENTS COUNTY SALARY EMPLOYEES BUDGET MANAGEMENT HAWAII $103,944 incl trorration and Clerical Center 24 $1,576,662 (Managing Director or HONOLULU $126,732 incl Culture & Ans 35 $2,715,528 Administrative Assistant) incl Neighborhood Commission 17 $902t097 incl positions assigned tcMay&s office 8 $580,548 MAUI $109,900 ric! MIS, GIS, & Energy Prgrr.s 46 $4435,425 KAUA'I $110,197 assigned to Mayor's Office 17 $2,391,031 PROS ATTORNEY HAWAII $116,988 101 $9,231,981 HONOLULU 8129312 289 $19,266,104 MAUI $110,486 80.9 87,049,139 KAUA'f 8114,848 30 83.391,510 CORP COUNSEL HAWAII $99,000 30 $2,932,050 HONOLULU $118,344 81 $9,324,916 MAUI $110,486 29.9 $2,608,630 KAUAI $107,335 15 83,155,1137 DATA SYSTEMS HAWAf'f $94,284 14 $1,225,045 HONOLULU $118,344 Informabon T echriciogy 150 $18,605,305 FINANCE HAWAI'I $99,000 129 $12,328,970 HONOLULU $118,344 BFS-Budget Admin & FiscaUCIP 325,5 $19,498,366 HONOLULU $118,344 Customer Svc-Sateffite City / MV Reg 308,08 $22,521,126 MAUI $101,800 153-8 $10,510,828 KAUAI $107,335 ind Inforr-ration Technology 80 $12,195,181 FIRE HAWAII $114,768 403 $37.054,571 HONOLULU $136,236 1161 $96,449,159 HONOLULU $128,344 Err erge-ricy Sv-S (Arnbu4noe & Water Safsny) 472 $34,557,548 MAUI $105,000 311 $27,391,453 KAUAI $107,335 183 $19,838,108 HOUSING HAVVAf"I $99,000 48 $14,948,802 Comnmumtv Cervices more so-cal Svcs HONOLULU $1 "18,344 housFrg dc; 258 $81,145,708 N11 A U 1 $99,200 r.dl hurn-an corcerns 1337 $35,009,306 KAUAI $103,041 27 $20,464,830 2/812010 ANNUAL NO, OF OPERATING DEPARTMENTS COUNTY SALARY EMPLOYEES BUDGET LIQUOR HAlNfAll $100,032 14 51,617,581 HONOLULU B&FS - Liquor Commission. 57 $3,461,104 MAUI $97-000 26 S1,927,468 KAUA'1 $101041 8 $1,330,389 PARKS & REC HAWAI'l $99,000 434 $23,358,252 HONOLULU $118,344 1163 $65,827,312 HONOLULU $118,344 Enterprise Svc -Zoo, Golf, NBC4,Naki;c Shell 335 $20,582,841 MAU! $99,800 479.4 $29,522,382 KAUAI $107,335 125 $12,300,086 HUMAN RESOURCES HAWAII $99,000 25 $2,109,154 HONOLULU $118,344 93 $6,286,511 MAUI $99,000 20 $1,687,714 KAUA'1 $103,041 8 $913,566 PLANNING HAWAI'l 599,000 49 $4,188,039 HONOLULU $118,344 Planning & Permitting 339 $20,639,208 MAUI $101:500 69.2 $5,859,805 KAUAI $107,335 24 $2,294,620 POLICE HAWAII $114,768 599 $54,814,448 HONOLULU 5136,236 2796 $224,265,782 MAUI $113,100 523.1 $44,583,076 KAUAI $107:335 183 $24,171,714 PUBLIC WORKS HAWAII $99.000 340 $37,519,943 HONOLULU $118,344 Design & Construction 320 $23,967,297 HONOLULU $118,344 Fad;flty Maintenance 798 $66,534,745 MAUI $108.100 258.2 $31,015,828 KAUAI $107,335 (in.cl wastewater. solid waste) 287 $43,165,385 ENVIRONMENTAL HAWAII $99,000 161 $41,664,710 MGT HONOLULU $118.344 1169 $234,422,280 MAUI $108,100 228.6 $66,121,058 RESEARCH & DEV HAWAI'l $94,284 15 $2,640,927 KAUAI $103,041 Econornic Devetopment 9 $1,833,893 COUNTY CLERK HAWAII $94;284 56 $4,586,888 HONOLULU $118,344 City III&K** 36 $3,644,011,00 MAUI $93,40113 23 $1,411,880 KAUAI $ 11 14,848 21 $4,475,949 2/812010 COUNTY OF KAUAI RC510tutt,,011 No. 2012-1 RESOLUTION AMENDING RESOLUTION NO. 2011 -1 RELATING TO THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE COUNTY OF KAUAI WHEREAS, the Salary Commission finds that the County Council adopted and the Mayor approved Ordinance No. 907 that added the Boards and Commissions Administrator to the list of officers and employees included in Section 3-2.1 of the Kaua'i County Code, 1987, as amended; and WHEREAS, the Salary Commission was informed by the Mayor via a letter dated July 15, 2011 that the County of Kaua'i has agreed to a supplemental agreement with the Hawaii Government Employees Association (HGEA), which calls for a zero percent (0%) increase for all of its HGEA employees and has not budgeted for any salary increases for County employees in fiscal year 2012; and WHEREAS, to remain consistent with the supplemental agreement and the 2012 budget, the Mayor has requested that the Salary Commission take measures to insure that the proposed increase for the Mayor be deferred until such time as economic and budgetary conditions improve; and WHEREAS, pursuant to Section 29.03 of the Kaua'i County Charter, the Salary. Commission's findings shall be adopted by resolution by the Commission and the resolution shall take effect without the Mayor's and Council's concurrence sixty (60) days after its adoption unless rejected by a vote of not less than five (5) members of the council, now, therefore, BE IT RESOLVED BY THE SALARY COMMISSION, OF THE COLF-N-,TY OF KAUA`I, STATE OF HAWAII, that the provisions related to the "'Salaries of Certain Officers" of the County of Kaua'i, be established as follows: SECTION 1. Pursuant to Section 29.03 of the Charter of the County of Kaua'i, the Salary Commission hereby resolves to amend Resolution No. 2010-1 and propose the changes described in this resolution to the Kaua'i County Council as follows: Article I Salaries of Certain Administrative Officers and Employees. (a) Purpose. The purpose of this Article is to establish the salaries of certain administrative officers and employees in accordance with the principles of adequate I compensation for work performed, and preservation of a sensible relationship with the salaries of other county employees. (b) Effective as of the dates stated below and subject to the performance review requirements of subsection (d), the annual salaries, payable semi-monthly, of certain administrative officers and employees shall be as follows: Position Mayor [Administrative Assistant] Managing Director County Engineer Deputy County Engineer Director of Finance Deputy Director of Finance County Attorney First Deputy County Attorney Deputy County Attorney Chief of Police Deputy Chief of Police Planning Director Deputy Planning Director Director of Personnel Manager and Chief Engineer, Department of Water Deputy Manager-Engineer, Department of Water Fire Chief Deputy Fire Chief Director of Economic Development Director of Liquor Control Director of Parks Effective Dates 711107 111/08 12/1108 [07/01/111 07/01/13 $100,100 $ 107,000 $114,490 $ 122,504 $ 96,250 $102,988 $93,750 $100,313) $86,250 $92,288 $93,750 $100,313 $86,250 $92,288 $93,750 $100,313 $86,250 $92,288 Up to $82,500 Up to $88,275 $ 93,750 $100,313 $86,250 $92,288 $ 93,750 $100,313 $ 86,250 $92,288 $90.000 $ 96,300 $ 931,750 $100,313 $86,250 $ 92,288 $ 93,750 $100,313 $86.250 $92,288 $90.000 $ 96,300 $90,000 $96,300 $93,750 $100,3 13 $110,197 $117,911 $107,335 $114,848 $98,748 $105,660 $107,335 $114,848 $98,748 $105,660 $107,335 $114,848 $98,748 $105,660 Up to $94,454 Up to $101,066 $107,335 $114,848 $98,748 $105,660 $107,335 $114,848 $98,748 $105,660 $103,041 $110,254 $107,335 $114,848 I Deputy Director of Parks S 86,250 $ 912, 2 8 8 Director of Housing s 90,000 96,300 Boards and Commissions Administrator $98,748 $105,660 $103,041 110,254 $10-1,041 S 110,254 (c) Administrative officer and employee [e4l salaries shall not exceed the maximum salary provided for in this Article at the time of employment. However, the respective appointing authority may set the salary of any new or existing non-elected appointee at a figure lower than the figure established for the position. (d) Requirements for salary increase. The salary increase for any non-elected officer or employee occupying and continuing in a position listed in this resolution is contingent on the Director of Personnel's receipt of the following: (1) A memo from the officer's or employee's appointing authority at least thirty (30) days prior to the increase, certifying that appointee's performance has been evaluated pursuant to procedures established by the Director of Personnel; and (2) A copy of the officer's or employee's completed performance evaluation evidencing that the appointee has met or exceeded job requirements (for example, has achieved a rating of three points or higher in a five point scale) for the appraisal period. (3) Based on the evaluation results, the appointing authority's recommendation on whether a proposed increase should be granted. The appointing authority may recommend an increase for an officer or employee occupying a position at a figure below the proposed salary increase provided for in this resolution. Provided however, the county attorney's performance shall be conducted through an equally weighted evaluation that shall be jointly administered by the mayor and the council chairperson in accordance with paragraphs (1). (2) and (3) above. The Director of Personnel shall provide the Salary Commission with a list of the names and positions of all non-elected officers and employees covered under this resolution, indicate whether or not they have satisfactorily met the performance evaluation criteria, and include the recommended salary increase, if any. (e) Performance evaluations. The Director of Personnel shall prepare, for approval by the Mayor, written performance evaluation procedures and methodologies and coordinate the performance evaluations process for all non-elected officers or employees listed in this resolution. The Director of Personnel shall provide a copy of the performance evaluation procedures and methodologies, including any revisions thereto, to the Salary Commission. (f) Officers or employees listed in this resolution may receive a portion of their salary through the County's payment of health fund premium benefits over and above the amount the I County normally contributes toward those officers' benefits. Amounts paid by the County which are over and above the County's normal health fund premium contributions shall be deducted from the affected officer's or employee's salary. Article 2 Salaries of the Prosecuting Attorney and Deputies. (a) Effective as of the dates stated below and subject to the provisions and performance review requirements provided for in Article 1, subsection (d), (e) and (t) above.. the annual salaries, payable semi-monthly, of the Prosecuting Attornev and Deputy Prosecuting Attorneys shall be as follows: Position Prosecuting Attorney First Deputy Prosecuting Attorney Deputy Prosecuting Attorney 711107 11110$ $93,750 $100,313 $86,250 $92,288 1211108 12101/09 (12 o'clock meridian) $107,335 $114,848 $ 98,748 $105,660 Upto$82,500 Upto$88,275 Upto$94,454 Upto$101,066 (b) The salaries of the Prosecuting Attorney and any Deputy Prosecuting Attorney shall not exceed the maximum salary provided for in this Article at the time of employment. However, the Prosecuting Attorney may set the salary of any new or existing deputy at a figure lower than the figure established for the position. Article 3 Salaries of the County Council and Council Appointees. (a) Effective at twelve o'clock meridian on December 1, 2008, the annual salaries, payable serni-monthly, of the Kaua'i County Council shall be as follows: Position Council Chair $59,699 Councilmember $53,066 (b) Effective on December 1, 2009, the annual salaries, payable semi-monthly, of the Kaua'i County Council shall be as follows: Position Council Chair Councilmember $63,8'79 $56,781 (c) Effective as of the dates stated below and subject to the provisions and performance review requirements provided for in Article 1, subsection (d), (e) and (f) above, the annual salaries, payable serni-monthly, of the County Clerk, Deputy County Clerk and County Auditor shall be as follows: 19 Position 711/07 1/1/08 12/1108 12/01109 (12 o'clock meridian) County Clerk $93,750 $100,313 $107,335 $114,848 Deputy County Clerk S86,250 $ 92,288 $98,748 $105,660 Countv, Auditor $107,335 $114,848 (d) Salaries of the Council Chair, Councilmembers, and employees shall not exceed the maximum salary provided for in this Article at the time of employment. How-ever, the respective appointing authority may set the salary of any new or existing non-elected appointee at a figure lower than the figure established for the position. SECTION 2. The Salary Commission finds that current salaries of the Prosecuting Attorney, First Deputy Prosecuting Attorney, Deputy Prosecuting Attorney, County Clerk, Deputy County Clerk, and County Auditor are higher than their administrative counterparts listed under Article I of this Resolution. Therefore, the maximum salaries of the Prosecuting Attorney, First Deputy Prosecuting Attorney, Deputy Prosecuting Attorney, County Clerk, Deputy County Clerk, and County Auditor set by the Salary, Resolution that took effect on 12/01/09 shall remain frozen on 07/01/13 or until such time that the salary levels paid to comparable administrative officers and employees listed under Article I have caught up. SECTION 3. Material to be deleted is bracketed and lined out. New material to be added is underscored. In future reprints of this resolution, the bracketed material and underscoring may be deleted. BE IT FURTHER RESOLVED, if any portion or portions of this resolution are deemed invalid or rejected by a vote of five (5) or more councilmembers, the other provisions of this resolution shall not be affected thereby. If the application of this resolution or any of its provisions to any person or circumstances is held invalid, the application of this resolution and its provisions to other persons or circumstances shall not be affected thereby. BE IT FINALLY RESOLVED, the County Clerk shall transmit to the Salary Commission, Mayor, Finance Director and Personnel Director a final approved copy of the resolution and note any amendments thereto within thirty (30) day after the effective date of this resolution, Adopted by the Salary Commission of the Couttq= of Kaua'i at its meeting on JWarch 12012: Robert Crowell, Chair Charles Kinc,. Vice Chair t"