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HomeMy WebLinkAbout061412_Agenda PacketRobert Crowell Chair Charles King Vice-Chair FZ,W,IUEUIL*KIWI i MOO I I EEhL#j I E91 0901 MM I X il V 10IM-30 I Thursday, June 14, 2012 9:00 am. or shortly thereafter o'ikeha Building,- Ueeling Room 2 A/B 4444 Rice Street, Lilme, HI 96766 I APPROVAL OF MINUTES Regular Open Session Minutes of April 23, 2012 Members: Randy Finlay Michael Machado Sheri Kunioka-Volz BUSINESS SC 2011-13 Discussion and possible decision-making on the possible hiring of a consultant to conduct a review of salaries including, but not limited to, fringe benefits of council members and all officers and employees included in Section 3-2.1 of the Kaua'i County Code. (Deferred on 03101112) (b) Communication dated 03,108112 from Hawaii County Department of Human Resources to Chair Robert Crowell, responding to a request for information regarding establishing non-bargaining employees' salaries. (Deferred on 04123/12) g i k 0111THISSIVII LO k-11dit D,00OR t_,rUWUII, IrzNPUIIIwUI&_tx • IIII*rIIIUL It regarding establishing non-bargaining employees' salaries. (Deferred on 04/23/12) (d) Communication dated 06/07,112 from Vice-Chair Stephen West of the Maui Salary Commission to Chair Robert Crowell and Members of the Salary Commission, responding to a request for information regarding establishing non- bargaining employees' salaries. An Equal Opportunity Etnplqver (e) Communication dated 04/25/12 from Chair Robert Crowell to Malcolm Fernandez Director of Personnel Services, a request for his presence at the June 2012 meeting to discuss the hiring of a consultant to conduct a review of salaries and the previous Nash Study. ANNOUNCEMENTS L'112111H NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii 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 HRS §92-4 and shall be limited to those items described n HRS §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 meeting, please provide 10 copies of your written testimony at the meeting. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. cc: Deputy County Attorney Mona Clark SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241-4920 at least five (5) working days prior to the meeting. L COUNTY OF KAUAI Minutes of Meeting OPEN SESSION 181AFTi1� �jA'lil�roue,j Board /Committee: SALARY COMMISSION Meeting Date I April 23, 2012 Location Mo`ikelra Building Liquor Conference Room 3 Start of Meeting: 9:00,, Erid of Meeting: 11:3.5 a.m. Present Chair Robert Crowell; Vice -Chair Charles King; Members: Randy Finlay; Michael Machado; and Sheri Kunioka -Vole (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: (a "ouncil member Melvin Rapozo; Police Commissioners: Charles Iona and Donald Okarni Sr. Prosecuting Attorney Shaylene Iseri- Carvalho; 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 a.m. Approval of Regular Open Session Minutes of March 1, 2012 Mr. King moved to approve the minutes as Minutes circulated. Mr. Machado seconded the notion. Motion carried 4:0 Business SC 2011 -13 Discussion and possible decision- making on the oossibie hiring o1' a consultant to conduct a review of salaries including, but not limited to 1%irtg benefits c >l' council members and all officers and ern�c es included 1 Secticr� 3 -2.1 ofthe Kauai County Code Deferred on 03/01/121 Mr. King noted that communication 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 tlxat require r<afessional licenses. Based on the communication, Mr. King Salary Commission Regular Open Session April 23, 2012 Page 2 SLJBJECT DISCUSSION I'll ACTION felt that it would be in the best interest for the Commission to hire a consultant to help determine the salaries. Mr. Finlay indicated that he had hoped to see more documentation in the 2006/07 Nash Study including the actual, cost for the consultant procurement. Chair Crowell stated that the County of Hawaii and the City and County of H0T10IUlU Salary Commissions responses were received and were included in the meeting packets. Mr. Finlay discussed a concern that was raised in an earlier meeting on the cost to do the study. Ms. Morikami informed the Commission that the previous study cost approximately $98,000. She explained that the scope of work was very broad because it included categories throughout the County which is more than what is indicated in Resolution 2012 -1. Ms. Morikami discussed her concerns about meeting the March 15 lb deadline in 2013. She provided the Commission with a draft of a timeline which depicts what needs to be accomplished within the next ten (10) months. Ms. Morikann stressed that it took the consultant 240 days to complete the Nash study and that is a luxury that the Commission does not have. Mr. Finlay expressed his concern that the Nash Study provided very little information. Fle requested to Staff that they provide the Commission with the complete study. Ms. Morikarm explained that there is more to the study however, the Department of Personnel Services felt that what was provided to the Commission was sufficient. Mr. Finlay agreed however, he still wants to see what the full study looks like especially when it cost $98,000 to do the study. Ms. Morikami aL)rec Salary Commission Regular Open Session April 23, 2012 Page 3 SUB JECT DISCUSSION ACTION and added that the study is very detailed because it includes all of the civil service positions. Mr. Finlay stated that may be the Commission does not need to do a study as detailed as the 2006/2007 Nash Study. Ms. Morikami 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. Morikanii 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. Morikan-ii indicated that she could not comment because she did not see the complete study, Council member 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 he 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. fie 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 Commission. Council member Rapozo discussed the history of the intent of the study which was to address the concerns regarding the salary inversions and Salary Commission Regular Open Session April 23, 2012 Page 4 SLJBJEc,r DISCUSSION ACTION indicated that lie does not anticipate any problems in getting the funds approved for a new study which could cost about $ 100,000. Chair Crowell noted 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 Rapozo shared Council Chair Furtaro 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 member 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 hap ,pens to Ye �n y )tved in a shooting or a traffic accident. The lawsuit o _ Salary Commission Regular Open Session April 23, 2012 Page 5 SUBJEC]" DISCUSSION -- - --- ACTION would name the officer and his superior because it is the Chief's responsibility to provide the adequate training for all police officers. Council met'nber 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 timeframe to hire a consultant firm with regards to the procurement process would take up 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 Is' which is essential for the Commission to meet the March 15'h deadline. In addition, he questioned whether the Commission would be bound to move forward with the study or can the Commission decide not 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 pocurepie�m- code , before a contract can be awarded and the notice to Salary Commission Regular Open Session April 23, 2012 Page 6 SUBJECT DISCUSSION ACTION proceed is issued, the Commission can cancel the solicitation. 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 15t" deadline. Ms. Clark explained that according to the Charter the March 15t" 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 i4) 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 right 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 Commissioner Iona. Speaking on behalf of Chair Ernest Kanekoa, Mr. Iona testified that at a recent Police Corni-nission meeting, the Commission had learned that the County Council did not pass Resolution 2012-1 due to a lack of a super rna . lority which prompted the Police Commission to come before this Corm-nission 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 (includinp, the Fire and Salary Commission Regular Open Session April 23, 2012 Page 7 SUBJECT DISCUSSION ACTION Police Chief,,) were receiving lower salaries than those of their subordinates whose salaries were determined by collective bargaining. He explained that in 2009 the Police Commission was asked to consider a salary freeze 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 ill the contract states that the Chief shall be awarded the salary established by the Salary Commission. Mr. Iona 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. Isobe: "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. Iona 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 iob. Salary Commission Regular Open Session April 23, 2012 SUBJECT Page 8 DISCUSSION Mr. Iona raised another concern that when the Chief of Police retires the Police Commission 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. Iona 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. Iona 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 Chict) the concerns regarding the disparity in pay between the department heads and its subordinates would continue. Ms. Kunioka-Volt questioned whether SHOPO 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 steps 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 SLJBJEC,r Page 9 DISCUSSION Mr. lona stated that based on Mr. Delaphane's presentation to the County Council, fie used a chart which showed the various salary increase within a period of time for each position in the police department, Ms. Kunioka- 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 Chief,;, Mr. Iona replied that the negotiations only involve the Police Chiefs. Mr. Finlay indicated that lie found it interesting that the salary inversion is main cause for giving an increase. He expressed concern that by granting the increase for the Police Chief that SHOPO would take the new increase and use it as a benchmark to justify the increases for the bargaining unit employees which would create another inversion. Mr. Iona agreed and felt that there comes a time when you must move away from 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 0319= 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 concerti 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 he felt that the individuals on the team are not self WMAM Ms. Kunioka-Volz 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 Honolulu. Ms. Kunioka-Volz 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. wool= Salary Commission Regular Open Session April 23, 2012 SUBJECT Page I I 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 other 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. Kunioka-Volt felt that it is unfair to compare the salaries of the Big Island & Oahu to Kauai. Mr. Iona asked whether she felt that the salaries should be lower. Ms. Kunioka-Volt 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. Iona replied a point well taken, however, should that number increase is this Commission 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. Mr. 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 atueed. WRWIFM M6 Salary Commission Regular Open Session April 23, 2012 SUBJECT Page 12 DISCUSSION 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 Iscri- Carvalho request to give testimony. Shaylene Iseri-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 four (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 Okarni request to give testimony. Mr. Okarm testified that not all jobs are created equal and for some it involves a high degree of risks. Mr. Okami added that while he respects the position of the Director of Parks, he felt that the salary structure does not ineasure up to the tremendous responsibilities and unique challenges of public safety officers. Mr. Okaini stated that while lie 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 1-published a Crime and Punishment Report which show that Kauai ACTION Salary Commission Regular OpQn Session April 23, 2012 Page 13 SUBJECT DISCUSSION ACTION has the largest crime rate in the State. Ms. Kunioka-Volt voiced tier concern that Kauai has the largest crime rate in the State per capita. Mr. Okami 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 as recruitment, Mr. Okami 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 under the County Charter 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. Morikaiiii informed the Commission that Council member Rapozo could not locate the NASH Study as lie previously indicated. However, he would request a copy from the Department of Personnel Services and would forward the copy to the Commission. Ms. Morikami in-fori-ned the Commission 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 SUBJECT DISCUSSION Aug -ION what extent would ITS 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 ail email, the next Maui Salary Commission is scheduled to meet in the second week of May. Ms. Morikami pointed out that both the Big Island and I-Ionolulu 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. Morikami stated 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 I-Ionolulu counties conducted their studies internally mainly because they have the adequate staff. Ms. Morikami 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 15'11 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. Fle felt 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 firm Towers & Watson who does government compensation. Chair Crowell suggested that the Commission defer this matter 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 Commission to be able to identify with the consultant. Ms Morikami 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. Chair Crowell suggested that the Commission defer this matter for Mr. King moved to defier item SC 2011-13. Mr. continued discussion at its next meeting on 14, 2012 at 9:00 am. Machado seconded. Motion carried 5:0 (b) Coninnini cation 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 defer item SC 2011-13 (b). discussion in June, Mr, Finlay seconded the motion. - ----- carried 5:0 --,-Motion (c) Communication dated 03114/12 from City and County of Honolulu Salary Commission to Chair Robert Crowell, responding to a request for I 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 Salary Commission Regular Open Session April 23, 2012 Page 16 DISCUSSION SC 2012.:14 UPdqte on the status of Resolution 2012-1 and possible consideration on a nronosed new resolution relatitnt to Salaries of Certain Officer and t7, j1W to ces of the County of Kauai,. _� — Chair Crowell indicated that the resolution was rejected due to a lack of a super majority and asked Ms, Morikami to provide the Commission information on where the resolution currently stands. Ms. Clark explained that the resolution shall take effect sixty (60) (lays 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 lie 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 fired that most of the decisions or discussions are on the non-cost items. The Chiefs are an instrumental part of the negociatation process because thev deal with ACTION Salary Commission Regular Open Session April 23, 2012 Page 17 DISCUSSION 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 team, 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 ft)rni 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 fie 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 pertbrin is far greater than his counterparts, Chief Perry stated that Kauai has never had a support system for years and that he hopes with the new Human Resources 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, he questioned whether the Police Department is faced with a recruitment Salary Commission Regular Open Session April 23, 2012 Page 18 SUBJECT DISCUSSION ACTION problem on the entry level side, Chief Perry replied that it has been difficult because the department is faced 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 for an entry level police officer is as opposed to an entry level firefighter. Chief Perry stated that he does not 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 determine 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 Commission needs to answer. Chair Crowell questioned whether the former Deputy Chief of Police stepped down from his position to become an assistant chief because it allowed him to earn overtime. Chief Perry replied, yes and those only two Salary Commission Regular Open Session April 23, 2012 Page 19 SUBJECT DISCUSSION ACTION positions who cannot earn overtime are the Chief of Police and Deputy Chief of Police. fie also noted that both positions require the individual to be on call 24/7 seven days a week whether you are on vacation or not. Chair Crowell questioned whether lie or the Police Commission has over requested for more 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 SOMC Suggestions but had no results. Communication dated 04/13/12 from Council Chair Ja y Furfaro to Chair Robert Crowell and Members of the Salary Commission, regarding concerns that were raised Burin the Aoril IL 2012 meeting, Council meetin =about rite Sala inversions where De artirient Meads are aid less than the em Ici ees that rite su ervrse and about usin 7 a ditierent pay scale for those position that require professional licenses. Communication dated 04/18/12 from Mayor Bernard P. Carvalho Jr., to Chair Robert Crowell and Members of the Salary Commission regarding; his Su a tort of afar 12esolutioii 2012 -1 aricl that he encourages the Conin-tission to maintain that position for FY 2012/13. Conimunication dated 04/19/12 from Council Chair Jay Furfaro, to Chair Robert Crowell and Members of the Salary Commission, submittin testimony as recf)mnlendatiC ) nS to the Sala Clommission. 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 NNEWO With regard to the communication dated 04/19/12, Mr. Finlay suggested that the Salary Commission make an attempt to meet Council's recommendations and submit a new resolutioi-t 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 he 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 amended 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. ACTION Salary Commission Regular Open Session April 23, 2012 Page 21 DISCUSSION 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 irm-nediately or on July 1, 2012. Mr. Machado raised a concern regarding the communication from Council Chair Furfaro, in which be requested that the Salary Commission consider raising the salaries and lifting the effective date constraints for the positions other than the Chief of Police and Deputy Chief of Police. Mr. Finlay 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. Iseri-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. Morikami mentioned that the engineer position is posted on the County's website and that is a very hard positiorr - - -------- 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 regardless of the economy he felt that the Police Department would Salary Commission Regular Open Session April 23, 2012 Page 22 SUBJECT DISCUSSION 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, he 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 he appreciated a point that was brought up 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 SUBJECT Page 23 DISCUSSION He asked whether there is a window in which the Commission could aniend, the current resolution or submit a new one. Ms. ("lark stated that the Commission may submit 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 ACTION 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 safety. Mr. Finlay made a motion to increase the salary of the Chief of 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 Commission Regular Open Session April 23, 2012 SUBJECT Page 24 DISCUSSION Mr. King point out that increase to the Chief's 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 up to the Police Commission to decide whether or not they want to give the Chief the maximum. Mr. 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 floor 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-Volt expressed her concern that the salary increase for the Chief of Police would put him at $114,848 which is over what the Mayor makes. She asked whether it would be appropriate to lower the Chiefs 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 main 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 appropriated to lower the ACTION Salary Coniniission, Regular Open Session April 23, 2012 Page 25 11040&1%Qi 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 motion 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 not 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. fie felt that consideration should also be made for a salary increase tbr 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. Kunioka-Volt 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 value 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 Commission should set the cap at $114,490 for the Police Chief and Fire Chief and leave the Deputies salaries at $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 $105,660 effective July 1, 2012. Mr. Chair Crowell pointed out that Mr. Iona's discussion regarding SHOPO King seconded the motion, continuing with their pay increases while the HGEA and HPW did not. Motion carried 5:0 Ms. Clark indicated that she would prepare the new resolution listing only the positions of the Chief of Police, Fire Chief and their respective _____PqTties and the Commission's ju fification for the salary Announcements There were no announcements. Executive Pursuant to Hawaii Revised Statutes §92-4, §92-5 (4), and §92-9 (a) (1 -4) Session and (b), the purpose of this Executive Session is to receive and approve the minutes and to consult the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they relate to this item and take such action deemed appropriate. ES: 2012-02 Executive Session minutes of February 1, 2012. At 11:25 a.m. Mr. King moved to enter into ----- - — ----- Executive Session. Mr. Machado seconded the Salary Corm-nission Regular Open Session April 23, 2012 Page 27 SUBJECT DISCUSSION ACTION motion. Motion carried 5:0 Return to Open At 11:35 a.m. the meeting reconvened in Open Session. Ad ournnient At 11:3 5 a.m. the Chair Crowell declared the Mercedes Youn, Staff Support Clerk Approved as circulated (add date of meeting approval). O Approved as amended. See minutes of meeting. Reviewed and Approved by: Robert Crowell, Chair L,viMdm P Vmn Rtsnald K. TakahaAi _,Aaron Tortana A-l" PliTtY�r OY 1&�ft )VAAMM" County of Hawai"i Department of Human Resources Aurmcrftff. tal rIauxa:cm Sure 2. fide, Haveei%720.(9408) `+L-S36L -Fitz (SO$) 46t­44 T loiu t*mzwwJoh Ifedim j3081 96L-$615 t-rra& yp­� , _, t, ;u. Robert Crowell Chair County of <auai Salary Commission 4444 Rice Street, Suite 150 Li-hu'e, HI 96766 9 2012 Alotial This is in response to your request for information regarding establishing non - bargaining employees' salaries dated February 14, 2012. Our Salary Commission met on March 5, 2012 to review your request and have asked me to respond on their behalf, I How does your Commission determine the salaries of your non-bargaining employees, more specifically, your Mayor, Department Heads, and Deputies? Do you determine the salary ranges for each position or do you determine the salary cops? In the post, the Salary Commission developed a tiered salary structure that included a pay plan that provided for step movements every two years. The number and c/cmsification of employees, salary inversion, size of ##e r# and complexity of work are factors that are token tnto account with comparisons of solaries paid to similar positions in • th er jtjri�dlc Hors within the S tote • Hdwai'i soldry structure. 9NNUMMIM I(a-wal't cotmty is art 'Equal Orportuntty Prtrvr r cmdEmr(oVer, County at Kaua'i Salary Commission March 8, 2012 Page 2 2 H05 ycur,---ommission, Personnel Department. or Human Resources Deocrtment hired a consultant to help determine these salaries? 3, would your Commissionl P ersor rel Deportment/Humon Resources Department be interested in participating with the other county salary commissions and sharing in the cost • having a joint study in determining salary guideiines? (The scope of work would be determined by those participating.) We would like to receive more information on the cost estimate to conduct this type of study and what information your Commission is interested in obtaining. Thank you for including our Commission. Sincerely, Ronald K. Tokchashi JS/RKT 11, 11I Ik Salary Commission f I Y AM) (_0U,\J I 'r OF HONOLUTL �,` tj 9 2MMOM212 1 BOARDS & COMMISSIONS M al%:h 14. 20 12 To, kot�crt Croweil. ChMir, Courity apt KAIal SALIFY COMITIP,,1011 Paula NfLir"kawa. Adlininktrator, OfliLe cif Hoards and Cum III ission" From -1 City ind County of* Honolulu Salary Corninis�iorl CC: Gary Neu. C,,-iunty of Kauai Managing Dircctor ,10alcohn Fernandez. County of Kauai Director ofPcrs onnel Services Subject: Response to Request for Information Regarding Establishing Non-Harglining Employees' Salaries This acknowledges receipt of your memo to the City ant! County of Honolulu Salary Commission (the "Commission") dated February 14. 2012 inquiring about the Commission's setting of "non-bargaining employees" salaries, The Commission's responses are as follows: Q: How noes your Commission determine the salaries of your non-hargaining ernylovees. ;More specifically, Your Mayor, Department Heads and Deouties? Do you determine the salary ranges for each position or do you determine salary caps` A. The Commission review-, a number of data sources provided in part by the City's Human Resources Department in establishing the salaries of all elected and appointed officials as mandated under Revised Charter of Honolulu Section 3- 122. including the following types of data.- • ('orriparlson of executive pay rates for State of Hawaii and other counties. • Salary lv;toryof relevant elected and appointed officials of the City and Courit"', of Honolulu, 0 Historical review of bargaining unit wage settlements and excluded managerial employee increases, • Honolulu Consumer Price Index and forecast O/c '�ui//y [vo/mi~~vm may :/w.�1v(,t /h.v wvc} xo>,x`m 11pc11111(tcd mtenm,vc gnx/p(o ukxy .^.u~ and pn`viJc a x` the [uU Cvnm/``vm. u^ 11,c cnom*m+'m hum doll, ihi~ `Car, /n.ukfNnn, th/['vnmp~x'o /.` and `un`ukri u�-,unc} and puh//cuc`<m*xoc~ pn^no'�^�uh//yhm� `x/xnc,, i'/�urUu�k'u/rr111!moJ[hunur7v/v,^ioo.[hcO,yxoJ{-oun|yn[Htvx`|u|u�u/ur� [on�m��mnc`��Uvhux<hu c[c;cctuJnhRuu/*� inc|oJm-11 |he mu>u`r. umncihnumh,r* and "pnmcuucio." attorney. xnJ the [oUnwmgappointed officials: nnxno-,ioi: dioz<*r, dopu/y ncm"ong Jircc|'»i. Jepxnnwenr head. Jepo/ydeponnrcm head. and hu/u/ J/nzk`r. The COnm/~*wn only `cc/ '*chu]u/o`' for ,a/uncs n(dcpoocy of �he cnrporo(ion COLMSel and proseculing attorney. Q: Has �otfr Coll 1 'It issioll�pet-Nol I net Dcl2artment, or Human Resources Department hired a consultant [I) ficip determine these salaries? A: During the commissim term of' this current Commission. the Commission has not hired uzonxy|/un| to help dchcnninethese salaries. The Commission does not have any knowledge regarding whether the Hu/nun Re*uuno«m Department has hired such uconsultant or not and. therefore. cannot answer on its hchu|[ Q: Would your Coin al so n ncl Department, or Human Resources Devartment he interested in Participating with other county salary commissions and sharing in the cost of having a joint study in determining salary guidelines? (T"he scope of work would be determined bv those participating. A, To the extent that the mandate of the salary commission for each county may be differrnt, u join( study may not serve tn address the specific issues unique |m each county. However. (heCity and County nf Honolulu Salary Commission is open boexp/ming,the Specific issues the various counties' salary commissions are contemplating and whether joint study may he hcuchuia(. It OFFICE OF THE MAYOR Kc*ena 0 KaMitia COUNTY OFMAUI - Kalana 0 Maui Robert Crowell, Chair c/o Paula morikami, Administrator, Office of Boards and Cornmissions County of Kauai Salary Commission 4444 Rice Street, Suite 150 Lihue, Hawaii 96766 Dear Chair Crowell: SUBJECT: Request for Information Regarding Establishing Non-Bargaining Employees' Salaries We are in receipt of your letter dated February 14, 2012 relating to the above specified subject. Please take into consideration the following responses to your questions. The County of Maui Salary Commission's authority is to determine the compensation of elected officials and appointed directors and deputy directors of all departments of the County including the directors and deputies who are appointed by the Liquor Control, Public Safety, Police, and Civil Service Commissions. The County of Maui Salary Commission determines salary ranges thru various resources that are received by the County of Maui Budget Director, public testimony, and county departments. 11r; "I 1 We are uncertain at the moment of whether or not we would consider a 'Oil study, however, we would like to request copies of the responses you ha received from the City and County • Honolulu as well as the County Hawaii. Sincerely, A -es Wes , Vice Chair County ofMaui Salary Commission xc: Gary Hru, County of Kauai Vanagiog Director Malcohn Femander, County of Kauai 0ire0or ofFersonnitA Services ALAN M. ARAKAWA 200 South I ligh Street Watfilko. Hawai';96793-2155 MAYOR P Telephone (SCS) 270-7855 Fax (308) 2'70-7370 S, e-mad: -nayorsorflce(4inav�couity,gov OFFICE OF THE MAYOR Kc*ena 0 KaMitia COUNTY OFMAUI - Kalana 0 Maui Robert Crowell, Chair c/o Paula morikami, Administrator, Office of Boards and Cornmissions County of Kauai Salary Commission 4444 Rice Street, Suite 150 Lihue, Hawaii 96766 Dear Chair Crowell: SUBJECT: Request for Information Regarding Establishing Non-Bargaining Employees' Salaries We are in receipt of your letter dated February 14, 2012 relating to the above specified subject. Please take into consideration the following responses to your questions. The County of Maui Salary Commission's authority is to determine the compensation of elected officials and appointed directors and deputy directors of all departments of the County including the directors and deputies who are appointed by the Liquor Control, Public Safety, Police, and Civil Service Commissions. The County of Maui Salary Commission determines salary ranges thru various resources that are received by the County of Maui Budget Director, public testimony, and county departments. 11r; "I 1 We are uncertain at the moment of whether or not we would consider a 'Oil study, however, we would like to request copies of the responses you ha received from the City and County • Honolulu as well as the County Hawaii. Sincerely, A -es Wes , Vice Chair County ofMaui Salary Commission xc: Gary Hru, County of Kauai Vanagiog Director Malcohn Femander, County of Kauai 0ire0or ofFersonnitA Services Members: Randy Finlay Michael Machado Sheri Kunioka-Volz TO: Malcolm Fernandez, Director of Department of Personnel FROM: Robert Crowell, Chair VIA: Paula Morikami , Office of Boards and Commissions Administrator CC: Gary Heu, Managing Director SUBJECT: Request for your presence at its next meeting The Salary Commission is requesting your presence at its next meeting in June; time and date to be determined. The Salary Commission thought that you might be able to provide them with a list of consultants who qualify to do a new salary study they are proposing, and would also like to discuss the previous Nash Study. If you have any questions, I can be reached through Teresa Tamura at extension 4918. Thank you.