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HomeMy WebLinkAbout042312_Salary Commission Minutes_ApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Cornmittee: SALARY COMMISSION Meeting Date April 23, 2012 Location Wikeha Building Liquor Conference Room 3 Start of Meeting: 9:00 a.m. jj_n:d::o1Mc(-_-tin 11 mm —Chair —Robert -Crowell; Vice-Chair Charles King; Members: Randy Finlay; Michael Machado; and Sheri KLmioka-Vo1z (arrived at 9:15 Also Deputy County Attorney Mona Clark; Board & Commissions Office Staff., Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura Public testifiers: Council member Melvin Rapozo; Police Commissioners: Charles Iona and Donald 0kami Sr,,- Prosecuting Attorney Shaylene Iscri-Carvaltio; Chief of Police Darryl Perry; Solette Perry. Excused _Absent SUBJECT DISCUSSION ACTION Call To Order Chair Crowell called the meeting to order at 9:00 Approval of Regular Open Session Minutes of March 1, 2012 Mr. King moved to approve the minutes as minutes circulated. Mr. Machado seconded the motion. — ------ Motion carried 4.0 Business SC 2011-13 Qiscussion,Aad_pqssiblc decision-making on the possible L(jrinAq consultant to conduct a review of salaries including, but not limited t ,to fr jrW benefits of council niembers and all officers and ern ployec­, -11 of the Kauai County Code. (Deferred included in Section 3 on 03/01/t?) Mr. King noted that conini Lin i cation dated 04/13112 was received from Council Jay Furfaro, regarding his concerns relating to the salary inversions, where the Department Heads are paid less than the employees that they supervise and about using a different pay scale for those positions that require professional licenses. Based on the communication, Mr, King felt that it would be in the best interest for the Commission to hire a consultant to help determine the salaries. Mr. uindicated that lie had Salary Commission Regular Open Session April 23, 2012 Page 2 SU BJ ECIT, DISCUSSION lapped to see more documentation in the 2006/07 Nash Study including the actual cost for the consultant procurement. (.'hair Crowell stated that the County of Hawaii and the City and County of Honolulu Salary Commissions responses were received and were included in the meeting packets. Mr. Finlay discussed a concern that was raised ill an earlier meeting on the cost to do the study. Ms. Morikarni informed the Commission that the previous study cost approxii-liately $98,000. She explained that the scope of work was very broad because it included categories throughout the County which is more than what was indicated in Resolution 2(11.2 -1. Ms. Morikarni discussed her concerns about meeting the March 15`x' deadline in 2011 She provided the Commission with a draft of a timcline which depicts what needs to be accomplished within the next tell (10) months. Ms. Morikarni stressed that it took the consultant 240 days to complete the Nash Study and that is a luxury that the Coryiniission does not have. Mr. Finlay expressed his concern that the Nash Study provided very little information. I le requested to Staff that they provide the Commission with the complete study. Ms. Morikan-ii explained that there is more to the study however, the Departilient of Personnel Services felt that what was provided to the Commission was sufficient. Mr. Firilay agreed however, he still wants to see what the full study looks like especially when it cost $98,000 to do the study, Ms. Morikarni agreed and added that the study is very detailed because it includes all of the civil service vositions. Salary Commission Regular Open Session April 23, 2012 StJBJI-'",'CT Page 3 DISCUSSION Mr. Finlay stated that may be the Commission does not need to do a study as detailed as the 2006/2007 Nash Study, Ms. Morikarm agreed, noting that it all depends on what this Commission wants to achieve. Mr. Finlay noted that it could make the procurement process less cumbersome, Ms. Morikarm explained that the procurement process could take up to three (3) months to complete. Mr. Finlay stated that the 2006/2007 Nash Study compared the various salary rates of the other counties and that there was no correlation with the private sector, Ms. Morikarni indicated that she could not comment because she did not see the complete study. Council mernber Mel Rapozo requested permission to address the Commission. Chair Crowell acknowledged the request. Council member Rapozo noted that Mr. Finlay asked the right questions and offered to provide the Commission with a copy of the complete Nash Study noting that the Nash Study is a public document. Council member Rapozo informed the Commission that the study indicates that references were made to the private sector and comps throughout the State. He stated that if the Commission decides to hire a consultant firm to do a new study, the previous study, although outdated could be useful to the Corarnission. Council member Rapozo discussed the history of the intent of the study which was to address the concerns regarding the salary inversions and indicated that he does not anticipate any problems in getting the fiends approved for a new study which could cost about $ 100,000. ACTION Salary Commission regular Open Session April 23, 2012 Page 4 DISCUSStON Chair Crowell rioted that he was present during the time when the Nash Study was being done but does not recall whether the study was done nationally or within the State in comparing the numbers with the private sector. Council member Rapozo said that he could not recall either, but thinks most of the information came from within the State with some national numbers for reference. Council member R.apozo shared Council Chair Furfaro concerns regarding the salary inversions and agreed with his recommendation to use a different pay scale for positions that require professional licenses would be the appropriate thing to do. Council member Rapozo stated that Council found it troubling while going through the budget to see a department with only four (4) positions receiving a pay scale equivalent to other departments with more positions and that some of the positions required a professional licensure and are exposed to personal and professional liabilities. Council mernber Rapozo stressed that in order to find and maintain highly talented individuals the County needs to compensate appropriately, He suggested that the Commission stay focus on the statewide compensation. Mr. King asked Council member Rapozo to expand more on personal liability. Council member Rapozo gave an example of an on-duty officer who happens to be involved in a shooting or a traffic accident. The lawsuit would rianre the officer and his superior because it is the Chief's responsibility to provide the adequate training, for all police officers, last= Salary Commission Regular Open Session April 23, 2012 I SUBJE(J' Page 5 DISCUSSION Council tricniber Rapozo stated that some of the Department heads are not directly exposed to that kind of liability. He expressed his appreciation to the Fire and Police Departments in their accreditation efforts. Mr. King asked whether a party ever prevailed over the Chief. Mr. Rapozo said no, but at the end of the day even if the Chief does prevail in the lawsuit the whole process would be very stressful. Council member Rapozo felt that the disparity in pay bothers him and Suggested that one way to address the problem is to do an annual review of salaries as opposed to the multi-year system. Council member Rapozo .noted that should the Chief of Police were to get his salary increase, it would be manageable for the Count y Council to implement that into the budget as opposed to a 35 to 40 percent increase in 2007. Mr. Machado indicated that the proposed tiniefranie to hire a consultant firm with regards to tire procurement process Would take Lip to three (3) to four (4) months to complete the process. He asked what would happen if the procurement process is completed and it was found that no one could guarantee the results by the March I" which is essential for the Commission to meet the March 15"' deadline. In addition, lie questioned whether the Commission would be bound to move forward with the study or can the Commission decide riot to do the study. Ms. Clark asked whether he meant before the contract was awarded. Mr. Machado replied yes. Ms. Clark explained that according to the procurement code before a contract can be awarded and the notice to proceed is issued, the Commission can cancel the solicitation. ACTION Salary Commission Regular Opert Session April 23, 2012 Page 6 StJBJECT DISCUSSION ACTION Mr. Machado questioned what would happen if the study were completed before March I st and the Commission sits on it for another 2 to 3 weeks and passes the March 15 1h deadline. Ms. Clark explained that according to the Charter the March 15"' date is directory than mandatory. Mr. Machado expressed concern that he does not want to relive the past scenario. Chair Crowell stated that the procurement process would come under the scope of work and if the Commission decides that the study should be completed in four (4) months then the vendors would have to bid accordingly. However, if they fail to meet the time requirement then it could be a problem, Mr. Finlay noted that the Salary Commission should reserve the tight to set salaries regardless of the outcome of the study. If the study does not come through in time the Commission should not be tied to it and that option should be dictated in the scope of work. Chair Crowell acknowledged Police Conuni ss io tier Iona. Speaking on behalf of Chair Ernest Kanekoa, Mr. Iona testified that at a recent Police Commission meeting, the Commission had learned that the County Council did not pass Resolution 2012-1 due to a lack of a Super majority which prompted the Police Commission to come before this Commission to request for reconsideration regarding the Police Chief salary increase. Mr. Iona discussed a concern that he rose at a previous Salary Commission meeting that the appointed Department Heads (including the Fire and Police Chiefs) were receiving lower salaries than those of their subordinates whose salaries were determined by collective barQalninL),. Ile Salary Commission Regular Open Session April 23, 2012 Page 7 StJBJF'c,r DISCUSSION ACTION explained that in 2009 the Police Commission was asked to consider a salary •ecze for the Chief of Police in which the Commission agreed with the understanding that the issue be revisited, Mr. Iona mentioned that the present employment contract for the Chief of Police is quite unique because the Police Chief is the only Department Head that has a binding contract. Mr. Iona explained that the language in the contract states that the Chief shall be awarded the salary established by the Salary ("'onin-ussion. Mr. long pointed out that the Salary Commission minutes of August 5, 2011 indicated a discussion between Mr. King and Mr. Isobe as follows: Mr. King: "So in other words the salaries that the Salary Commission is setting are simply the maximums and it doesn't have to go up and that it's just a matter of ease, so that you would not have to approach each Commission". Mr. tsobe- "Yes, none of the Commissions have made any decisions on whether to raise the salaries or freeze the salaries". Mr. Iona stated that the Police Commission was never approached and that he can now understands that the Salary Commission may have been under the impression that the Police were Commission were aware of this Mr. long stated that the Commission may want to consider doing an annual review of the salaries to coincide with performance evaluations. He noted that since the salary freeze, the performance evaluation for the Chief of Police has continued with nothing to show except for a pat on his back and to tell him good job. Salary Commission Regular Open Session April 23, 20 t 2 Page 8 SUBJECr DISCUSSION ACTION Mr. Iona raised another concern that when the Chief of Police retires the Police C0MlniSSi0D, would be tasked to find a person with high talent to fill that position, and if we don't appropriately compensate that position, it would be very difficult to find highly qualified individuals because of the salary disparity. He added that the Chief's position would require many years of experience because of its tremendous responsibilities. Mr. toria, stated that Mr. Finlay brought up a good point that the Salary Commission could be sending a wrong message as the County faces serious economic issues. Mr. loria noted that the key to remember is that everyone in the County has a bargaining unit and within that bargaining unit structure there are steps. For example, when an entry level police officer pay goes from step (a) to step (b) it an automatic 6% raise because it is based on their years of service and as long as this process continues along with the salary freeze (for the Police Chief) the concerns regal-ding the disparity in pay between the department heads and its subordinates would continue. Ms. Kunioka-Vole: questioned whether SHOP0 was allowed to step (inaudible) because she knows of other agencies that were not allowed the step (inaudible). Mr. Iona explained that the 2010 SHOPO contract allowed movement up to the out stops and that the L step (which is a super 5 step) allows movements every year based on the officers years of service. Chair Crowell questioned whether the inversions Council member Rapozo referred to was the actual base salaries inversions or was the overtime included as well as the other issues that may have kicked in to cause the inversions. Salary Commission Regular Open Session April 23, 2012 Page 9 DISCUSSION Mr, Iona stated that based on Mr. Delaphane's presentation to the County Council, he used a chart which showed the various salary increase within a period of time for each position in the police department. Ms. Kumoka- Volz noted that the inversion does include the overtime. Mr. Iona agreed that the salary inversion does include the overtime. Mr. Finlay asked who the parties were when the contracts were being negotiated. Mr. Iona replied that SHOPO was involved and that the contracts were also negotiated under the State master contract because it encompasses all of the other counties. Mr. Finlay questioned whether the Police Commission had any involvement with the negotiations or was it just the Police Chiefs. Mr. Iona replied that the negotiations only involve the Police Chiefs. Mr. Finlay indicated that he found it interesting that the salary inversion is main cause for giving an increase, He expressed concern that by granting the increase Im- the Police Chief that Sf fOP0 would take the new increase and use it as a benchmark- to justify the increases for the bargaining unit employees which would create -,mother inversion, Mr. Iona agreed and felt that there comes a time when you must move away froin the percentages and use a dollar amount right across the board to lessen the disparity. Mr. Machado questioned whether Mr. Iona's request was mainly for the Police Chief position or did it include his Deputy. Mr. Iona replied for - both positions, Mr. Finlay stated that by granting the salary increase, it is more than likely that we would never move away from the inversions because it is only a Salary Commission Regular Open Session April 23, 2012 Page 10 DISCUSSION temporary solution and it would not take long before SHOPO positions catch up again. Mr. Iona stated that the logic for raising the salaries for Police Chief and his respective deputy is that they are first responder's and that demands the County to recruit and retain the best qualified people for those positions. Mr. Iona noted that all of the Police Chiefs come together as a team during the negotiations. Mr. Finlay voiced his concern that their voice may be an incentive for the negotiators on the side of the employer to negotiate a higher rate on the bargaining side to create another inversion to justify another increase in rate for the bargaining employees, Mr. Iona agreed however, in fairness to the negotiating team lie felt that the individuals on the team are not self serving, Ms. Kunioka-Vol z questioned whether the Kauai Police Chief has car allowance. Mr. Iona stated that the Police Chief does not have car allowance because he uses a County vehicle, however that matter may be revisited because it could become a requirement for the accreditation process, Mr. Iona noted that the only Counties that enjoy the car subsidy are the Hawaii County and the City and County of I-Ionolulu. Ms. Kunioka-Vole Asked whether the benefit for receiving the subsidy as opposed to using a staff vehicle is so they could get a cheaper car rather than what the subsidy allows, Bull= Salary Con-unission Regular Open Session April 23, 2012 SUBJECT Page II DISCUSSION Mr. Iona explained that a subsidy is an assistance paid to the individual who is required by their department that they use their own personal vehicle as a work, vehicle. In addition, the officer is responsible for the vehicle maintenance and a portion of the car insurance. Chair Crowell questioned whether the subsidy program is provided by an ordinance or the Commission. Mr. Iona explained that it is written in SHOPO's contract and as for the otlicr counties his does not know. Ms. Kunioka-Volz voiced her concern that the operating expense budget for Kauai is less than half of what the Big Island operating expense budget shows and that Oahu's budget is five (5) times larger. In respect to the size, Ms. Kumoka-Volt felt that it is unfair to compare the salaries of the Big Island & Oahu to Kauai. Mr. tuna asked whether she felt that the salaries should be lower. Ms. Kunioka-Volz replied that based on Council member Rapozo justification that consideration must be taken as far as the size of the staff and that one would assume it would be the same across the State. Mr. lona replied a point well taken, however, should that number increase is this Corninission prepared to go beyond the size of Oahu (if it ever gets to that point). He explained that the position of the Police Chief encompasses the whole County and that he felt Kauai should keep up with the metropolitan standards by having recruitment class three (3) times a year at ten (10) recruits per class. W King felt that it would make sense to include the Civil Service Commission and the Director of Personnel Services in the discussions, Ms. Kunioka-Volt aareed. NUNN= Salary C ormnission Regular "Open Session April 23, 2012 Page 1,2 SUBJECT DISCUSSION ACTION Chair Crowell also agreed with Mr. King that it would be a good idea to have the Director of Personnel Services present at the next Salary Commission meeting to provide the Commission with a list of qualified consultants to do the new study. Chair Crowell acknowledged Prosecuting Attorney Shaylene Iseri- Carvalho request to give testimony. Sbaylene tseri-Carvalho, Prosecuting Attorney, read her testimony which is attached hereto, She asked the Salary Commission to revisit their recent resolution and consider the tremendous responsibilities of the Police and Fire Chiefs and their Deputies. She stated that the $7000 increase is a small portion compared to the 1'(.)ur (4) new positions at a $ 100,000 each for the new Human Resources Department. She humbly asked the Salary Commission to take into consideration the public safety role and grant the salary increase that was set three (3) years ago. Chair Crowell acknowledged Police Commissioner Donald Okami request to give testimony, Mr. Okanii testified that not all jobs are created equal and for some it involves a high degree of risks. Mr. Okanii added that while he respects the position of the Director of Parks, he felt that the salary structure does not measure up to the tremendous responsibilities and unique challenges of public safety officers. Nlr. Okarnl stated that while fie agrees with the Commissions analysis that different counties have larger a police force and population, they do not have the high crime that Kauai has. He explained that in 2009 the Attorney General published a Crime and Punishment Report which show that Kauai Salary Commission Regular Open Session April 23, 2012 Page 13 St BJECT 2 DISCUSSION ACTION the largest crime rate in the State. S Ms. Kunioka-Votz voiced her concern that Kauai has the largest crime rate in the State per capita. Mr. Okatni pointed out that in 2009 a report was put out which showed that based on the number arrests Kauai surpassed the other counties, Mr. Finlay questioned the succession rate in the Police Department as far asrecruitment, Mr. 0karni stated that on an average for the past ten (10) years the Police Department has been faced with a shortage of officers which was caused by retirement, transfers to another State (for more money) or not being able to pass the intense security and background checks. Chair Crowell reiterated Mr. King's feelings that it would make sense to have the Director of Personnel Services take the lead in the process of hiring a consultant to do the new salary Study. Ms, Clark indicated that Linder the County Chatter it is not necessary for the Department of Personnel Services to drive the process. However, they would be able to provide the Commission with valuable input, Ms. Morikaini informed the Commission that Council member Rapozo could not locate the NASH Study as he previously indicated. Flowever, he would request a copy from the Department of Personnel Services and would fot:Avard the copy to the Commission. Ms. Morikann informed the Cornmission that the last Nash Study that was done in 2006/2007 was done by the Department of Personnel, she asked whether the Commission would like to take on that responsibility and to Salary Commission Regular Open Session April 23, 2012 Page 14 SIJBJECT I DISCUSSION I ACTION what extent would DDS be involved. That is a matter in which the Commission needs to determine including the scope of work. Chair Crowell questioned when the Maui Salary Commission would be responding to the Commission's request. Staff informed the Commission that via an entail, the next Matti Salary Commission is scheduled to meet in the second week of May. Ms. N/lorikanu pointed out that both the Big tsland and Honolulu counties did respond however, in order for those counties to participate in the study budget considerations would have to be made, and at this point she is unsure whether their budget would allow them to participate. Ms. Morikarin state(] that although it might too late to do a new study, another study could be done in the future. Ms. Morikami pointed out that the Big Island and Honolulu counties conducted their studies internally mainly because they have the adequate staff. Ms. Morikarni suggested that the Commission continue its discussion on determining the scope of work and what the Commission would like the consultant to accomplish before the March 15'x' deadline. Mr, Finlay stated that there is different type of procurements, one is to have a scope of work to dictate what the Commission would like to have done and secondly, solicit proposals from professional consultants and have them provide their version on what they think is needed to and the cost associated with the study, and the third is a design bill type of approach. Mr. Finlay voiced his concern about the Commissions uncertainty on what to include in the scope of work. He tclt that it would be in the best interest Salary Commission Regular Open Session April 23, 2012 Page 15 SUBJECT DISCUSSION --- — -------- ACTION for the Commission to do further research on finding a professional consultant to do the work. Mr. King indicated that he spoke to consultant firrn Towers & Watson who does government compensation. Chair Crowell suggested that the Commission defer this inatter for continued discussion with the Department of Personnel Services at the next Salary Commission meeting, Mr. Finlay agreed and felt that it would be appropriate for the Comi-nission to be able to identify with the consultant, Ms Morikann acknowledged the Commission's request and would contact the Director of Personnel Services to request his presence and that he submit a list of consultants. Additionally, Ms. Morikami indicated that she would check with purchasing on the procurement process. Mr. King moved to defer item SC 2011-13. Mr. Machado seconded. Motion caff ied 5:0 Chair Crowell suggested that the Commission defer this matter for continued discussion at its next nicetir on May 14, 2012 at 9:00 a.m. (b) Communication dated 03/08/12 from Hawaii County Department of Human Resources to Chair Robert Crowell, responding to a request for information regarding establishing non-bargaining employees' salaries. Chair Crowell suggested that the Commission defer this item for continued Mr. King moved to deter item SC 2011-13 (b). discussion in June. Mr. Finlay seconded the motion. Motion carried 5:0 (c) Communication dated 03/14/12 from City and County of Honolulu Salary Conatrussion to Chair Robert Crowell, responding to a request for information regarding establishing non-bargaining employees' salaries. Chair Crowell suggested that the Commission defer this item for continued Mr. Finlay moved to defer item SC 2011-13 (c). discussion in June. Mr. King seconded the motion, Motion carried 5:0 Salar Y Commission Regular Open Session April 23, 2012 Page 16 DISCUSSION SC 2 01 14m Up . - - d ossibLe ate on the status of Resolution 2012 I in consideration-glIA-pressed new resolution relating to Salaries of Certain Officers and inpiQ qs-of the County of Kauai. Chair Crowell indicated that the resolution was rejected due to a lack of a super majority and asked Ms. Morikarni to provide the Commission itif'orrilation on where the resolution currently stands. Ms. Clark explained that the resolution shall take effect sixty (60) days from the date it went to Council which was on March 1, 2012 and that the effect date would be April 31, 2012. She further explained that it would need a vote of a super majority in order for the resolution to become effective or a super majority to reject it, otherwise it becomes law, Chair Crowell asked whether there were any one in the audience who wished to give testimony, Ms, Perry, a member of the public, stated that in an earlier testimony regarding the collective bargaining process, a reference was made to the Police Chief that he was part of the negotiation team. Ms. Perry pointed out that although the Police Chiefs are part of the negotiation team they do not have voting power on the outcome of the negotiations. She explained that the final decision as to whether or not the employer accepts the proposals comes in two parts 1) the non-cost items which involve any type of interpretation or proposals that dealt with operational issues, and 2) cost of the salary, step movements or proposed increases in differentials, Ms, Perry further explained that during this process one would find that most of the decisions or discussions are on the non-cost items. 'The Chiefs are an instrumental part of the nelyociatation process because they deal with ACTION Salary C'ommission Regular Open Session April 23, 2012 Page 17 SUBJECT I DISCUSSION I ACTION operational issues and problems within their own departments and as part of the negotiation team they can propose additions or revisions. Ms. Perry stated that the cost items deal more with the Department of Personnel Services because they are part of the negotiation tear, as well as the Department of Finance. Ms, Perry further explained that the non-cost items are usually set aside to become part of the overall package for approval by the Mayor of the respective County. Chair Crowell acknowledged Chief of Police Darryl Perry. Darryl Perry, Chief of Police of the Kauai Police Department, testified that the request for a pay increase for the Chief of Police position is an attempt to form some type of a succession plan that would attract the best qualified persons to fill the positions of the Chief of Police and Deputy Chief of Police. Chief Perry informed the Commission that at a recent Chiefs quarterly meeting he had learned that the other County's have a support system in place. With respect to the duties and responsibilities to the neighbor island Police Chiefs, they have the luxury to delegate the responsibilities. Chief Perry emphasized that the amount of work that the Kauai Police Chief have to perform is far greater than his counterparts. Chief Perry stated that Kauai has never had a support system for years and that lie hopes with the new Human Res(_)L1rCCS Department it Would bring some level of relief to the whole gambit of responsibilities not only for his position, but for the other positions as well. Mr. Finlay stated that based on the twenty-seven (27) vacant positions, lie questioned whether the Police Department is faced with a recruitment Salary Commission Regular Open Session April 23, 2012 Page 18 SUB JEc"r I DISCUSSION I ACTION problern on the entry level side, Chief Perry replied that it has been difficult because the department is t'aced with competition from the other Police Departments within the State level as well as the nation. Another factor is the person's ability to pass the physical, physiological, and drug tests followed by the background checks. Chief Perry emphasized that the Police Department does not wish to lower its standards. Mr. Finlay made a comparison between the Fire and the Police Department that there seems to be a lot more qualified applicants seeking a position in the Fire Department and not the Police Department. Chief Perry explained that the background checks For the Fire Department are less stringent than the Police Department. Mr. Finlay questioned what the rate of pay [*or an entry level police officer is as opposed to an entry level firefighter. Chief Perry stated that he does riot know, but he believes the rate in pay is similar throughout the State. Chief Perry shared through his experience as an entry level police officer, lie was glad that there are unions in place to ensure that the police officers were being compensated for their worth because the officers work very hard. Chief Perry stated that the County of Kauai needs to dctennine how much they the value the Chief of Police position, as well as the Deputy Chief of Police position, noting that is also a question that the Salary Corninission needs to answer. Chair Crowell questioned whether the former Deputy Chief of Police stepped down ftorn his position to become an assistant chief because it allowed turn to earn overtime, Chief Perry replied, yes and those only two Salary Commission Regular Open Session April 23, 2012 Page 19 S1-JBJE(,"r DISCUSSION ACTION POSitiODS Who cannot earn overtime are the Chief of Police and Deputy Chief of Police. He also noted that both positions require the individual to be on call 241 7 seven days a week whether you are on vacation or not. Chair Crowell questioned whether he or the Police Commission has ever requested for snore support staff. Chief Perry stated that is a matter that he has no control over and that it is up to the Administration. He has made some suggestions but had no results. Co munic ,lion dated 04,/ 13/12 firorn Council Chair Jay Furlaro, to Chair ,Robert Crowell and Members of the Salary Commission, regarding concerns that were raised (IL n, the April 11 2012 preetin, ouncil Lijcetjngjitj( Lit, th --rsions where De art-nept Heads are aid less than the eniolove s� that they su ervise and about qsin&a different a scale for thosK_pqsWons that 1:qqui -ofessional licenses. Communication dated 04/18/12 from Mayor Bernard P. Caivalho jr.,tq Chair Robert Crowell and Members of the Salary Commissionje��ardin lri, sucrt cif SalaRescilutic>r� 2012 -I and that lie encourages the Corninission to maintain thatpositioL for FY 2012113. Communication dated 04/19/12 from Council Chair Ja Furfaro to Cj hair Robert Crowell and Mernbers of the Sala a Coninjisgion submitt testimony as recornmendations to the Salary Commission. Chair Crowell called for the motion to receive all three (3) communications as submitted. Mr. Finlay moved to receive all three (s) communications as submitted. Mr—Machado ---------- seconded the motion Salary Commission Regular Open Session April 23, 2012 Page 20 I SUBJECT DISCUSSION ACTION With regard to the communication dated 04/19/12, Mr. Finlay suggested that the Salary Commission make all attempt to meet Council's reconlinendati oils and submit a new resolution by the end of year. Mr. Finlay found it interesting that Council and the Mayor had different opinions regarding the salary proposals for fiscal year 2013. Mr. Finlay stated that given the frequency and gravity of public testimony and the recommendations from the Mayor and Council regarding the salary increases. He felt that lie could support a motion for a new resolution to would increase the salary for the Police of Chief and Deputy Chief effective immediately or on July 1, 2011 Mr. Finlay suggested that the new resolution should be made simple and to the point and that it addresses the public safety issues and the gravity of public testimony which was heard over the past several months. Mr. Machado agreed and questioned whether the Commission would have Motion carried 5:0 to Submit a new resolution or ailiended resolution before the current resolution takes effect. Ms, Clark stated that the Commission could just pass a new resolution that would take precedence over the current resolution. The new resolution would allow the increase in salary for the positions of the Chief of Police and his deputy and make it effective at the discretion of the Commission. Mr. Machado voiced his concern about the past incident where the Commission submitted a resolution that passed the March 15t" deadline. Ms. Clark stated that she sincerely doubts that anyone would contest it and that it was okay for the Commission to submit a new resolution. Salary Commission Regular Open Session, April 23, 2012 Page 21 SUBJECT i DISCUSSION I ACTION Mr. Finlay stated that he was in favor of letting the current resolution stand and that all that the Commission is only proposing a new resolution to address the salary increase for the Chief of Police and his deputy to take effect immediately or on July 1, 2011 Mr, Machado raised a concern, regarding the communication from Council Chair Furfaro, in which he requested that the Salary Commission consider raising the salaries and titling the effective date constraints for the positions other than the Chief of Police and Deputy Chief of Police. Mr. f,inlay stated that it is a very difficult and touchy situation however, the Commission must consider the emphasis placed on public safety issues as well as the gravity of public testimony. Mr. Finlay felt that Ms. Iscri-Carvalho testimony was very powerful because it was an appeal for the Police Department and that she did not ask for a, salary increase for the Prosecuting Office. In addition, there was no other public testimony for the other positions. Ms. Kunioka-Vole mentioned that the problem is similar to the Public Works Division no one wants to be the Chief Engineer because of the overtime and the inversions. Ms. Morikarin mentioned that the engineer position is posted on the County's websitc and that is a very hard position to filL Mr. Finlay felt that the position of the Mayor bears the responsibility not to place the public at risk and Commission. Mr. Finlay reiterated Chief Perry's concerns on the importance of having a succession plan in place and rei-,ardless of the econorriv lie felt that the Police Department would Salary Commission Regular Open Session April 23, 2012 Page 22 SUBJECT I DISCUSSION I ACTION still have to meet the public demands, and with the down economy those demands may be a higher based on the amount of public testimony. Mr. King felt that the weight of the public testimony and the information that was provided allowed the Commission to realize that this is an area that could use an increase. Chair Crowell shared the rationale for raising the salaries for the Police Chief and his deputy however, lie felt that it could wait until a new study was completed because it would include the Commissions input. Chair Crowell agreed with the argument on the size of a department and that there is still a lot to be said about the other positions. Mr. Finlay stated that in 2006 the discrepancy was so large that it took a huge chunk to get the salaries up to par, and now it has gotten a little better but still needs some fine tuning with the help of a consultant. Chair Crowell stated that lie appreciated a point that was brought LIP that suggested that the Commission look annual increases as opposed to the multi-tiered system, Mr. Finlay summarized the Commission's suggestions for a new resolution: 1) Propose a new resolution that would meet the original projected salary increases effective immediately or on July 1, 2012 based on the gravity of public testimony that was heard the past several months, and the importance of` public safety. Mr. Machado agreed with Mr. Finlay's suggestions based on the present issues. He again asked for clarification on whether the Salary Commission has up to the 3 Is' before the current resolution automatically becomes law. Salary Commission Regular Open Session April 23, 2012 SLJBJEc,r Page 23 DISCUSSION He asked whether there is a window in which the Commission could amend the current, resolution or submit a new one. Ms. Clark stated that the Commission may subunit a new resolution granting the salary increase for the Chief of Police and his deputy effective on the date to be determined by the Salary Commission. Mr. Finlay expressed that he is in favor of having Resolution 2012-1 remain in full force and effect and all that this Commission is doing today is considering a new resolution that would affect the salaries of the Chief of Police and his deputy. Chair Crowell called for the motion. Mr. King asked Mr. Finlay to cite some numbers in his motion BOB#= Mr. Finlay stated that with respect to the concerns of the County Council, the Mayor, gravity of public testimony, and in the interest of public satety. Mr. Finlay made a motion to increase the salary of the Chief ot'Police and the Deputy Police Chief to reflect the salary increase indicated in Resolution 2012-1 effective July 1, 2012. Mr. Finlay made a motion to increase the salary for the Chief of Police from $107.335 to $114, 848, and increase the salary for the Deputy Chief of Police from $98,000 to $105,660 effective July 2, 2012. Mr. King seconded the motion effective July 1, 2012. Salary Cortunission Regular Open Session April 23, 2012 Page 24 SLJBJEC'I' I DISCUSSION I ACTION Mr. King point out that increase to the Chiefs salary of $114,848 would place him over the Mayor's salary of $114,490, Mr. Machado pointed out that the Salary Commission is only setting the caps and that it is tip to the Police Commission to decide whether or not they want to give the Chief the maximum, Mn Finlay stated that the language in the new resolution should indicate that the Salary Commission wishes to balance the need for fiscal responsibility with concern for public safety. Chair Crowell wanted clarification that the motion on the I'loor is to increase the salary for only the Chief of Police and his Deputy and not the other positions as recommended by Council Chair Furfaro, Mr. Finlay stated that the Salary Commission would still have to address those positions in the near future at the next round salary raises. Ms. Kunioka-Vol; expressed her concern that the salary increase for the Chief of Police would put hurt at $114,848 which is over what the Mayor makes. She asked whether it would be appropriate to lower the Chief's salary to $114,490 which Would put him at the same pay level as the Mayor. Mr. Finlay agreed that it would be the most respectful thing to do. Mr. Machado stated that the amendment to the tnain motion would now show that the salary cap for the Chief of Police at $114,490 and not $114,848 as originally stated by Mr. Finlay, Ms, Kunioka-Vole asked whether it would be aDDrODriated to lower the Salary Commission Regular Open Session April 23, 2012 Page 25 SUBJEcr I DISCUSSION I ACJ'ION salary increase for the Deputy Chief of Police. The Commission felt that the salary for the Deputy Chief of police should stay at $105,660. Mr. Finlay asked should the rnotion pass, how long would it take for the resolution to take effect and whether the Commission would have to meet again. Ms. Clark stated that pursuant to Section 29.03 of the Kauai County Charter, the new resolution shall take effect without the Mayor's and Council's concurrence sixty (60) days after its adoption unless rejected by a vote of riot less than five (5) members of the Council. She noted that the Commission may have to meet once more just to sign the new resolution. Mr. Finlay asked whether the Fire/Police Departments could be notified in advance regarding the salary increases. Chair Crowell stated that the intent of the new resolution is based on the public safety issue. He felt that consideration should also be made for a salary increase for the Fire Chief and his deputy. Chair Crowell stated that although there was no public testimony for these positions, he felt that they should be included because their positions deal with public safety issues as well. Ms. Kurnoka-Vole: questioned whether it would be appropriate to increase the salaries to the half-way mark considering that the Mayor had already completed his budget. Chair Crowell stated that although the Mayor has submitted his budget it is still up to the County Council to approve it and reminded the Commission that what their proposing is the maximum. Mr. Finlay stated that the emphasis should not be so much on the dollar Salary Commission Regular Open Session April 23, 2012 Page 26 SUBJECT DISCUSSION ACTION valuc but, more of a symbolic value, Mr. Finlay moved to withdraw his original motion. Mr. King seconded. Chair Crowell stated that out of respect for the Mayor, the Corni-nission should set the cap at $114,490 for the Police Chief and Fire Chief and leave the Deputies salaries at S 105,660. Mr. Finlay moved to increase the salary cap of the Police and Fire Chief to $114,490 and increase the salary cap of their respective deputies to S 105,660 effective July 1, 2012. Mr. Chair Crowell pointed out that Mr. Iona's discussion regarding SHOPO King seconded the motion, continuing with then- pay increases while the FIGEA and HPW did not. Motion carried 5:0 Ms. Clark indicated that she would prepare the new resolution listing only the positions of the Chief of police, Fire Chief and their respective D csand the Commissions I ror the salrjrase, 4y Announcements There were no announcements, Executive Pursuant to Hawaii Revised Statutes §92-4, §92-5 (4), and §92-9 (a) (1-4) Session and (b), the purpose of this Executive Session is to receive and approve the minutes and to consult the Commission's legal counsel on Issues pertaining to the Commission's and the County's powers, duties, privilege-s, immunities, and/or liabilities as they relate to this item and take such action deemed appropriate. ES: 2012-02 Executive Session minutes of February 1, 2011 Salary ormnission Regular Open Session April 23, 2012 Page 27 SUBJECT DISCUSSION AC" hION Chair Crowell called t6r the motion to enter into Executive Session. At 11:25 a.m. Mr. King, moved to enter into Executive Session. Mr. Machado seconded the motion. Motion carried 5:0 Return to Open At 11:35 a.m. the meeting reconvened in Open Session Session. Adjournment At 11:35 a.m. the Chair Crowell declared the n 19 , V) eetL -gIAq -urned. Submitted by: Mercedes Youn, Staff Support Clerk (X) Approved as circulated on June 14, 2012. ( ) Approved as amended. See minutes of meeting, Reviewed and Approved by: Robert Crowell, Chair 71.- __Pl 1, lop, OFFICE OF THE PROSECUTING ATTORNEY COUNTY ()F KALTAT S I A 11", OF 11AWAN 1-4 7 t 3990 KAANNA STREET, SUFFE 2 10, 1-MUT, 1-4196,66 L TFT: (SM241-1,888 FAX: (808)'741-17--8 9 nrosecutorrdkauai.gov JF tv' Shavlene Iscri-Carvalho f rosecuting Atiorney Jake Delaplane Piss[ Devury Prosrcutiling AttorneN April 23, 2012 Sam Jajich Second Deputy Prosecutina Attorne,� TO: MFN =II ERSOF'FfIESAI.ARYCO'.Nl�vILSSION FR: SHAYLENE ISERI-CARVALHO, KAUAI PROS M-ITING ATTORNEY RE.- RESOLUITION RELA TING TO SALARIES Aloha %Members of the Salary Commission, I come before you today hug biv askinty that vou revisit vour recent resolutions as they relate to our Public safety officers. As you k-now ', our economic situation has necessitated numerous cuts throu,-hout the State and County, including cuts to the salaries of various administrative officers and employees. In 2009, we saw a Salary Commission resolution which delayed the effective date of salary increases which would have taken place on 12/1/09 and instead made them effective as of 12/1/10, In 2010, this trend continued as the effective dates for increases were again delayed, this time from 12/1/10 to 7,/ 1 /11 . Finally, in 2011 we again saw a delay as the effective date was again pushed back, this time from I to 711313. I understand the need for fiscal responsibility, especially in economically troubline, times as we see today, However, I ask that you recognize the unique and challenging aspects of certain positions and that you remove the above delays/cuts as they relate to these positions. Specifically, I speak- of the following positions relating to public safety: the Chief of Police, the Deputy Chief of Police, the Fir.- Chief, and the Deputy Fire Chief, These positions have all been subject to the above cuts./delays, and if this continues, the results could be very negative for our County. I would first speak of the unique and challenging aspects of these positions. Each position is related to public safety and indeed, each is at the very heart of a safe community. We are lucky to live In a place where there is a friendly community where persons generally are good to one another. However, this does not come without cost. These things are in place because of the strong Police and Fire Departments we have here on this island and the valiant leadership each ofth-ese organizations benefit T-TOM. Deputy Prosecuting Attorneys: D R, ATin ohn I L M urphv r-i I Maelinda K 'iAlendes �Izm,d Auria Trocv N-lurakami Ramsev RaSs 1-a-l-,cp Kobast-ugawa Garlv MOson Pebecca A V,,Igt An F.,-_wal Onportunity -Effnplove-, these departments are inversely related to the state of the econonny. As the economy declines. Cr- caninii there ' workload for I Mme goes up rn - is a greater both the Police and Fire Departments. Thus, the above cuts, brought about in a time of economic worrv, have some at a time when crime has been on the rise and the workload of the Chiefs, and Deputies has gone up. We ask vou to recoLmize this, therefore, and remove the cuts. Also, as mentioned above, each of the above organizations is led by an outstanding Chief and Deputy, '11-hese men have given countless hours to their fobs as they've worked hard to make sure our -Ohana is safe and cared for. For example. Chief 'Perry has put in over thirty years of service at his job, vet his pay has been stymied year after year. Moreover, the above positions currently are paid at -a lower level than their counterparts on other islands. For instance, the Chief of Police of Maui currently makes S 134,000 per year with his Deputy earning SI-23,000 per year compared to our island where the Chief of Police makes S1,07,000 and his Deputy makes $98,000. Similar instances are found on the other -islands as well, The reason for this is that, though other counties have added cuts to salaries similar to those imposed by our salary commission, these cuts have recognized that the leadership of the Fire and Police bepartments deserve higher compensation as they deal with very complex and threatennicy -situations on a daily basis. Additionally, during these times of economic trouble, though most union positions were required to take furloughs and received pay cuts, the fire and police unions took no furloughs and in fact received pay increases during the recession. This has led to pay, disparities betx),-een the department heads and the union members who work below them. For instance, in `?011, there were at least Rour positions within the fire department that earned a higher salary than the Fire Chief. with one position earning nearly $10,000 more than the Chief Also, there were at least thirteen positions within the fire department that carried higher salaries than the Deputy Fire Chief, with one position earning S 18.500 more per year than the Deputy Chief We totally support the omission of furloughs and the pay- increases of the fire and police unions as these are due to the unique role the Police and Fire Departments play in keeping our communities safe, An anomaly is created however, when the leaders of these Departments are not given similar consideration despite the unique roles they play in community safety, This should be remedied by removing the salary cuts from the salaries of the fire and police department heads, Based on the above., I therefiCIre ask that the positions of Chief of Police, Deput-v Mice- fire. Chief. and Deputv Nre Chief ire spared' the cuts that have been put in place as to the salaries of officers app emplov-ees. Granted. many positions have endured cutbacks, but I as you to recognize the unique and important robe the leaders of our Police and Fire Departments play by rernoving them from the list of those whose salar,, increases have been delaved, 13v dOi'ng this vou will be honoring our Police and Fire Deparnn'ents for the great work that thev do and you will be apart of helping keep the Kaua'I "Ohana safe in these troubled time's, A Mahalo, IAY NE SERI-CARVALHO I I NV P 0 Sf-'Ct';"fftN:,,G,.k'f"l'ORNEY, "CSC OF KAU'AI