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HomeMy WebLinkAbout011613_Agenda PacketSavita Agarwal Chair Jade Battad Vice -Chair Members: Kanani Alapa Regina Carvalho Deslynn Jacquias Cherie Mooy Nancy Nagarkar Lisa Ellen Smith Secretary Ex -Officio Uli`i Castor Treasurer COUNTY OF KAUAI COMMITTEE ON THE STATUS OF WOMEN NOTICE OF MEETING AND AGENDA Wednesday, January 16, 2013 5:00 p.m. or shortly thereafter Mo`ikeha Building, Meeting Room 2 A/B 44444 Rice Street, Lzhu`e, HI 96766 Oath of Office for new Committee Member Deslynn Jacquias CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of December 5, 2012 BUSINESS CSW 2012 -10 Discussion on co- sponsorship for FY 2012/13. (On- going) (a) Communication dated 06/05/12 from Edie Ignacio - Neumiller, President of the Kauai Zonta Club, regarding possible partnership with the members of the Committee on the Status of Women on their upcoming events. CSW 2012 -21 Review and discussion on the information from Lisa Ellen Smith, State Commission on the Status of Women Representative, on several women's legislative bills that were presented at last year's legislative session. (On- going) CSW 2012 -28 Discussion on information from Lisa Ellen Smith State Commission on the Status of Women Representative, as it relates to potential State funding that the Committee on the Status of Women may utilize in the future. (On- going) An Equal Opportunity Employer CSW 2012 -31 A request from Ms. Pbliya Negra to address the members of the Committee on the Status of Women as it relates to the "Substance of Hope Program". (On- going) CSW 2012 -32 Discussion and decision- making on potential Committee events and projects for 2013 CSW 2013 -01 Information provided by Deputy County Attorney Mona Clark, regarding resources the Members may utilize for official Committee business CSW 2013 -02 Approval of 2013 Meeting Schedule ANNOUNCEMENTS Next Meeting- February 20, 2013, 5:00 p.m. at the Mo`ikeha Building, in Meeting Room 2 A/B. EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes, H.R.S. §92 -7(a), the Committee may, when deemed necessary, hold an Executive Session on any agenda item without the written public notice if the Executive Session was not anticipated in advance. Any such Executive Session shall be held pursuant to H.R.S. §92 -4 and shall be limited to those items described in H.R.S. §92 -5(a). Discussions held in Executive Session are closed to the public. ADJOURNMENT 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 will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony maybe limited at the discretion of the chairperson or presiding member. Committee on the Status of Women — January 16, 2013 2 1 P a g e Send written testimony to Committee on the Status of Women Attn: Mercedes Omo -Your Office of Boards and Commissions 4444 Rice Street, Suite 150 Llhu`e, HI 96766 E -mail: myoun@kauai.gov Phone: (808) 241 -4920 Fax: (808) 241 -5127 SPECLkL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Office of Boards and Commission Support Clerk at (808) 241 -4920 at least five (5) working days prior to the meeting. Committee on the Status of Women — January 16, 2013 3 1 P a g e COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: I COMMITTEE ON THE STATUS OF WOMEN Meeting Date I December 5, 2012 Location Mo'ikeha Building --- Meeting Room 2A/B Start of Meeting: 5:08 p.m. End of Meeting: 5:36 p.m. Present Chair Regina Carvalho; Members: Uli'i Castor (in at 5 :32 p.m.); Savita Agarwal; Jade Battad; Nancy Nagarkar Also Deputy County Attorney Mona Clark; Boards & Commissions Office Staff: Support Clerk Ihilani Laureta; Administrative Aide Teresa Tamura Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Carvalho called the meeting to order at 5:08 with 4 members present which constituted a quorum. Approval of Regular Open Session Minutes of November 7, 2012 Ms. Battad moved to approve the minutes as Minutes circulated. Ms. Castor seconded the motion. Motion carried 4:0. Treasurer's CSW 2012 -19 FY 2012 -13 Committee on the Status of Women Budget. Ms. Battad moved to receive CSW 2012 -19. Ms. Report Nagarkar seconded the motion. No discussion. Motion carried 4:0. Business • CSW 2012 -10 Discussion on co- sponsorship for FY 2012/13. (On- going) (a) Communication dated 06/05/12 from Edie Ignacio- Neumiller, President of the Kauai Zonta Club, regarding possible partnership with the members of the Committee on the Status of Women on their upcoming events. Ms. Ignacio- Neumiller acknowledged that this agenda item is ongoing. She went on to describe the process of organizing the Zonta Club's future ro'ects and events. She informed the Committee of Zonta Club's Board Committee on the Status of Women Regular Open Session December 5, 2012 Page 2 SUBJECT DISCUSSION ACTION Meetings which are held the last Thursday of the month. Ms. Ignacio - Neumiller expressed wanting to present the list of the Committee on the Status of Women's event calendar to the Board prior to discussing the potential partnership of the Club and the Committee. She invited Chair Carvalho to attend a Board meeting; December 31, 2012 and January 31, 2013 are the next Board meetings. If partnership is discussed at the January meeting, the decision will be presented to the general membership the first Thursday of February. Ms. Ignacio- Neumiller informed the Committee that February 8, 2013 will be their "Eat Dessert First" scholarship event. Chair Carvalho stated that she will be on vacation at the time of the December 31 meeting to which Ms. Ignacio - Neumiller asked that an email or formal letter be sent to her for confirmation of attendance. Ms. Battad stated that the January meeting would work better because December 31 is New Years Eve. Ms. Ignacio - Neumiller gave a brief history of the Eat Dessert First event. ■ CSW 2012 -21 Review and discussion on the information from Lisa Ellen Smith, State Commission on the Status of Women Representative, on several women's legislative bills that were presented at this year's legislative session. (On- going) Ms. Battad informed the Committee that she had a chance to speak with Ms. Smith and that she is aware the Committee would like her to attend a meeting to further discuss the agenda item. Ms. Battad to follow -up with Lisa Ellen Smith on attending the January 16, 2013 CSW meeting ■ CSW 2012 -22 Discussion on outreach to middle schools regarding for further discussion. issues of self- esteem, body image, peer pressure and making better Committee on the Status of Women Regular Open Session December 5, 2012 Page 3 SUBJECT DISCUSSION ACTION choices. (On- going) Ms. Battad informed Ms. Agarwal of the presentation Theresa Koki, Life's Choices Coordinator, did at the October committee meeting and that Theresa stated she would be willing to come back when Savita returns. A list of potential partners is forthcoming from Ms. Koki. Ms. Battad added that Leadership Kauai recently extended their services into schools; Sherri Patrick, Executive Director would be the contact person for Leadership Kauai. Ms. Battad stated that she will inquire if Ms. Patrick would be able to attend a meeting to which Ms. Agarwal stated that she will not be on Kauai from January 15 to February 6. Ms. Battad will forward Ms. Agarwal's contact information for Ms. Patrick. • CSW 2012 -28 Discussion on information from Lisa Ellen Smith as it On- going. relates to potential State funding that the Committee on the Status of Women may utilize in the future. (On- going) No discussion. Ms. Battad to follow -up with Lisa Ellen Smith on attending the January 16, 2013 CSW meeting ■ CSW 2012 -29 Discussion on current Committee Member's terms. for further discussion; on- going. (On- going) Chair Carvalho asked how long the member's terms are to which Ms. Tamura confirmed the terms are staggered 4 -year terms. No action taken. ■ CSW 2012 -30 Discussion on possible donation options from the Committee on the Status of Women to the YWCA Women's Domestic Violence Shelter. (On- going) Committee on the Status of Women Regular Open Session December 5, 2012 Page 4 SUBJECT DISCUSSION ACTION Chair Carvalho recalled that Ms. Mooy was to bring a box for individual donations however since she was not able to attend this meeting, members are welcome to drop off donations at the YWCA shelter across from the Lihu`e Kauai Community Federal Credit Union. Ms. Battad said the shelter will accept any un -used donations especially basic toiletries that women need and use on a daily basis. Ms. Agarwal asked if the Committee had any money to donate to the shelter to which Attorney Clark stated that the Committee cannot spend County money unless they go to the Council for approval of the expenditure. ■ CSW 2012 -31 Information and discussion on the "Substance of Hope No action taken. Program" provided by Pbliya Negra. (On- going) Chair Carvalho stated that Ms. Negra was unavailable to attend this meeting; however the agenda would remain on -going until she is able to attend and make her presentation. Ms. Agarwal asked if the Committee was volunteering for the program to which Chair Carvalho clarified that Ms. Negra is being asked to provide information to the Committee about the program should they be interested in volunteering in the future; Ms. Negra is also interested in joining the Committee. ■ CSW 2012 -32 Discussion as it relates to potential Committee events On- going. and projects for 2013 The Committee discussed the following annual events: Women's History Month, Health Fair, Paint the Town Pink Breast Cancer Awareness Walk, Committee on the Status of Women Regular Open Session December 5, 2012 Page 5 SUBJECT DISCUSSION ACTION and the Leadership Conference; there will be further discussion of dates at the January meeting when the new members are sworn in. Ms. Battad asked to add an item to the upcoming meeting agenda to discuss how Attorney Clark can be of assistance to the Committee; Attorney Clark recently forwarded an email to Ms. Battad regarding an Agenda item to be added in January to discuss event the Committee might be interested in. assistance of Attorney Clark with Committee business; on- going. ■ CSW 2012 -33 Election of the Chair and Vice Chair for 2013 Chair Carvalho nominated Ms. Battad for Chair to which Attorney Clark stated that since Ms. Battad is a County employee she cannot serve as Ms. Battad nominated Ms. Agarwal for Chair. Chair; she can serve as Vice Chair. Ms. Nagarkar seconded the motion. Motion carried 4:0. Chair Carvalho nominated Ms. Battad for Vice Chair. Ms. Nagarkar seconded the motion. Motion carried 4:0. Announcements Next meeting — January 16, 2013, 5:00 p.m. at the Mo`ikeha Building, in Meeting Room 2 A/B. Ms. Battad thanked Chair Carvalho for all the work she has done during her term as Chair. Chair Carvalho stated that normally in January members receive a new committee binder with bylaws, important dates, etc. She asked if they could put it in their budget to get day planners so that everyone can have a calendar in their binder to help keep track of Committee events/business. Chair Carvalho said they should budget $10.00 for each calendar to which Ms. Battad suggested $20.00 be the maximum limit per individual calendar Committee on the Status of Women Regular Open Session December 5, 2012 Page 6 SUBJECT DISCUSSION ACTION planner. Ms. Laureta informed the Committee that in January there will be a total of nine (9) members after the two (2) new members are sworn in. Chair Carvalho suggested no more than $200.00 be used towards the purchase of individual planners. Attorney Clark advised the Committee that it would be appropriate at this Ms. Battad moved to amend the agenda to time to amend the agenda to add this discussion. include discussion and deliberation to expend .funds from the treasury to purchase an organizational calendar for members, and to create new Committee binders that will include the bylaws and pertinent Committee information. Ms. Nagarkar seconded the motion. Motion carried 4:0. Ms. Agarwal asked if the agenda packet documents could have 3 -hole punch instead of 2 -hole punch since there will be Committee binders created for the members. Ms. Tamura informed the Committee that the current distribution form of agenda packets is standardized for all Boards, Commissions, and Committees; the way which members receive their packets will remain the same because it is a set standard, however the members can organize their material how they see fit once they receive the Staff to provide a 3 -hole punch at future CSW packets. meetings. Ms. Battad thanked Attorney Clark for assisting in the legal aspects of facilitating the Committee's meetings. She also thanked the Boards and Commissions staff for their assistance. (Ms. Castor entered the meeting at 5:32 p.m.) • CSW 2012 -33 Election of the Chair and Vice Chair for 2013 Ms. Battad nominated Ms. Castor for Treasurer. Ms. Agarwal seconded the motion. Motion carried 5:0. Committee on the Status of Women Regular Open Session December 5, 2012 Page 7 SUBJECT DISCUSSION ACTION Ms. Battad nominated Ms. Nagarkar for Secretary. Ms. Agarwal seconded the motion. Chair Carvalho reminded the members of their informal dinner following Motion carried 5:0. the meeting. Adjournment Chair Carvalho called for a motion to adjourn the meeting, Ms. Battad moved to adjourn the meeting at 5:36 p.m. Ms. Castor seconded the motion. Motion carried 5:0. Submitted by: Ihilani Laureta, Staff Support Clerk () Approved as circulated (add date of meeting approval). () Approved as amended. See minutes of meeting. Reviewed and Approved by: Savita Agarwal, Chair d— Zonta Club i of Kauai Member of.Zonta Inu wtsonal Charter No. 254, April 1, 1952 P.O. Box 3032, Lihue, Hl 96766 Email: zontakauai mail.com, www.zonta- kauai.org June 5, 2012 Regina Carvalho, Chair Kauai County Committee on the Status of Women Dear Regina, Zonta Club of Kauai would like to work in partnership with the members of the Committee on the Status of Women with your service projects for 2012 — 2013. We are interested in learning what some of your service projects are. I would like to present your service projects to our Service Committee and Executive Board for consideration. If this request can be put on your next meeting agenda, either myself or our Service Committee can be present so a discussion can start. I look forward to hearing from you soon and hopefully working with your committee. You can reach me evenings and weekends at 639 -9973 or by email. Aloha p� Edie Ignacio Neumtiler, President Zonta Club of Kauai Email: ainapono@gmaii.com cc: MaSel Fupuchi, Service Committee Chair Darrellyn Lemke, Service Committee Co -Chair Mission of Zonta tnternational: Zonta International is a global organization of executives and professionals working together to advance the status of women worldwide through service and advocacy c Mercedes Youn From: Lisa Ellen Smith [debrannan @gmail.comi Sent: Wednesday, June 06, 2012 9:59 AM To: Mercedes Youn Subject: Good-Morning Attachments: HSCSW Mandate color web.pdf: HB2228 _ND1_TESTiMONY_JUD_02- 21 -12-. pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Dear Mercedes, At the HSCSW meeting held yesterday. We were provided with the following legislative report, Several women's Iegislative bills faced: our representatives this year. At the beginning of the legislative session we attended the opening of the Hawaii Women's Legislative Caucus to review and supported those bills. Here is a link to the list of bills: ht : /iwww.ca itol.hawaii. ov,'M ort.as x ?t e- acka a &ke --12 &name - Women%27s +Lc 'slative +Caucus HB 2232 Informed Consent bill did pass this legislative session. This bill "Prohibits physicians, osteopathic physicians, surgeons, or students participating in a course of instruction, residency program, or clinical training program from performing a pelvic examination on an anesthetized or unconscious female patient unless the patient gives prior verbal or written informed consent to the pelvic examination, the performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient, or the patient is unconscious and the pelvic examination is required for diagnostic purposes." The Justice Reinvestment Act did pass, this bill will help reduce this state's dependence on out -of -state prisons, as of 2011, 1/3 of Hawaii's prisoners are housed out of state. Other specific women's bills that did not passed were the sexual education bill which would have "Amcnd(ed) existing sex education law. Require curricula to include information on abstinence, contraception, and STUHIV prevention methods, also (would have) require curricula to help students develop healthy relationship skills, including problem solving, stress management and decision making skills.(Would have) Require Departments of Health and Education to supply public with a list of sex education curricula and establish minimum education and training qualifications 'for sex ed instructors. Allowed) parents to opt -out of this instruction for their children. Another women's legislative issue that slid not pass was the the reasonable accommodations bill (breast feeding) "which would require employers with twenty or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy. and the emergency contraceptive information. Yve attached our letter written by our Executive Director Catherine Betts. It can be noted here that Hawaii does have the following protections for breastfeeding: Hawaii Rev. Stat. � I67 -3 (1999) requires the Hawaii Civil Rights Commission to collect, assemble and publish data concerning instances of discrimination involving breastfeeding Pr expressing breast milk in the workplace. The law prohibits employers to forbid an employee frbrn expressing breast milk during any meal period or Gather break period. (lfB 26t)) CSW 2012-:21 Hawaii Rev. Srat_ § 375 -2 provides that it is unlawful discriminatory practice for any employer or labor organization to refuse to hire or employ, bar or discharge from employment, withhold pay from, demote or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace. (7000 Hawaii Sess. Laws, Act 227, HB 2774) Hawaii Rey. Slat. � 489.21 and § 489 -2 provide that it is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities. privileges, advantages, and accommodation of a place of public accommodations to a woman because she is breastfeeding a child. (citatiort 6/612012: =/? wzvw. nesi. ortissues- research�healtlybreastfeeclins :- state- lawx.asxl The Emergency Contracepti -e bill also did not pass. This bill would have "Require(ed) hospitals to provide survivors of sexual assault with medically and factually accurate and unbiased information regarding emergency contraception, as well as access to emergency contraception." Note Hawaii does allow a pharmacists working with a physician and with the appropriate training to initiate emergency contraception oral drug therapy, HRS 461 -1 The Chair Leslie Wilkins (Maui) reported about an upcoming event "Women of Power: Stand Down for Women" July 12 at the Honolulu Design Center this will be a partnership with the YWCA and Veterans organizations in providing opportunities to returning women veterans find civilian employment. The event will be held 9 -4 and will have networking opportunities as wellas career workshops. Hawaii will have 900 women returning home in the next 18 months. In addition, with the end of the fiscal year upon us, there are unencumbered funds that needed to be dedicated. 1 have teamed that Big Island and Maui have made direct funding requests for specific projects that they have supported. Representative Elena Cabatu provided us examples of radio ads produced by local student and funding was provided by HSCSW to purchase air time. Hawaii County also produces an islandwide Urgent Services Directory and HSCSW has helped with the printing costs, and a general request for 51,000 to help promote their four annual events such as their Why Walk event. check will be sent to the Kauai Commission for use on projects related to the mandates of the law (attached). Examples will be included in the letter to be sent by our executive director Cathy Betts. At yesterday's HSCSW, we voted to have a table at next week's 35th Annual YWCA Luncheon (information below), we extend a seat to each of the County's Chair's or designated member. 1 realize this is very short notice and flight was not included, however, please extend to Uli or her designated that Kauai has a seat available and all expressed a desire to have someone from each island attend, if no one is able to attend, could you let me know by Friday, if possible. 1 was unable to attend the March meeting, due to a prior obligation, please note the above event was discussed and decided just yesterday. LE http:% /www. ywca. ors. kite /pp.a5p ?c= 9tLGJSOyl4pE&,b= 295047 N HAWAII STATE COMMISSION ON 111E STATL-S OF WOMEN Hawaii Revised Statutes (!-IRS) 367 Purpose. 'lice- legislature finds that the xvork cif the :tart• ccimmis�;ion on the status ) C women_ t:stab6hc:d bv the governor by executive order on afar 13, 1964. demons trates the nerd for a continuing bodN- ro aid in the implementation of its recommendations, to develop lung -range Ix>als, and to coordinate research planning. - programming, and action on the oipportur�[tics. needs. prob €ems, and contributions of women in I lawaii. It is the purpose of this chapter to provide for a statewide program, on a perrnarienr and rontintung ba.is. on the stattis of women m I law-att. Powers and duties of commission. 'I'he curritnission shah: (1) Act as a central c1rAnng1r >(1 <(- Anti co,,rduiaring ht)di- for governmental and nongovernmental actin icv, Arid 114+trtt13111M rt•latirig ]c, :flc 4ttttu� 011MI; (2) (scare public Au °Arertes. and of the responsibilities, needs, potentials, and contributions C)t woinun -and Thor roics in ihc' changing <(SV cn•; (I) € ecr,mmend lcg5slattvc :u)d adinmi.rranvc' :(cram tin equal treatment and opportunities for women; i4} IF a Tong -range program of cducatir,rt =,i a uric:] m tI)c ]r prtlirtcal rights oriel rc5ponsibdirics. particuiarlc with respect to their voting dutt", (3) :11111ain cwniactc .vith appropriare federal, -ztate, local, and' international agencies cr-rnc(:mC i wuh the ,iatui of wornen; 10) (.c)operatc and c:ollaborAtc st'1th mitirinal gt(,ups on flit >rav-f, ot'w,imet: anti arrange for participation by representatives of the State in White € louse conferences and ether national conferences from time to time-. Administcr furids :illoc:ued t r it, w(,rk- be authorized to accept, disburse, and allocate funds that mac become available from other gocernrrtetttal and pn' ate sources: providcd that :ill =UCI) funds shall be disburscd or allocated in compliance with anti- mpedfic designation stated by the donor and in the absence (if such slictitte designation. such funds shall be disbursed err allocated on proleers rclate•d to anv of the purpose. of rhis chapter: and 1 t. i )cr)tir.r� +.i to the governor and the leggslaturv. ,t'l� Submit an :Tflrlli:il .<' )( >r` :f'i' S rC'C�t � �) • � • � HAWAII STATE COMMISSION February 20, 2012 ON THE STATUS Testimony in Support of BB 2M, HID I OF To: Representative Gilbert S.C. Keith- Agaran, Chair WOMEN Representative Karl Rhoads, Vice Chair Members of the House Committee onJudiciary From: Catherine Betts, Esq., Executive Director, Hawaii State Commission on the Status of Women 'i Re: Testimony in Support of HB 2228, HD 1, Relating to Breastfeeding in the Workplace i lA '4 On behalf of the Hawaii State Commission on the Status of Women, I would like to express my support of this bill, which would require employers with twenty or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy. Chair LESLIE WiLKfNS In 2009, 50% of all mothers with children younger than twelve months old were employed. 691/a of these women wonted full time. ' Working mothers face a difficult COMMISSIONERS: challenge when returning to work. Steady employment almost always takes priority over ELENA CARATU the desire to continue breastfeeding one's child. Many employers do not recognize the ADRIENNE KING many economic benefits that follow when female employees are allowed to continue CARWI r E LIAR breastfeeding, including lower health care costs, lower absenteeism, and lower turnover AMY MONK LISA ELLEN SM rH rates. Employees whose employers provide bressifeeding support t report improved CAROL ANNE PHILIPS morale, better satisfaction with their employment and higher productivity. EXVVA ,s 13Irector While federal legislation requires employers with more than 50 employees to Catherine Betts, Esq. provide reasonable break time for employees to breast€e4 this legislation would expand the reach to employers with more than 20 employees. While it is the Commission's position that all employers, regardless of the number of employees, should be required to Email: make reasonable efforts to provide a clean location for breastfeeding, we nonetheless DHS.HSCSW@hawals.90V support HB 2228, HD 1, and respectfully request that this Committee pass this important Web: piece of legislation. Furthermore, as amended in HD 1, a civil fine of $50.00 for each www.ha"a .gM/CFhs/WCFMn/ violation is reasonable. HSCSW 235 S. Eeretenla W7 Thank you for this opportunity, Honolulu. HI 96613 Phone- 8o8-61CrS756 Catherine Betts, Esq. FAX: 606- 5W5756 ' U.S. Department of labor, Bureau of Labor Statistics, Table 6, Employment Status of Mothers (2010), 2 The Business Case for BreasTfeeding, U.S. Department of Health and Human Services, Health Resources and Services Administration (2008). C—) �-� ) (N-JA, OFFICE OF HAWAIIAN AFFAIRS Legislative Testimony H8 22.28 Relating to Sreastfeeding in the Workplace Committee on Judiciary February 9 2012 Z :00 P.M. Room 325 The Office of Hawaiian Affairs (OHA) VMB HS 2228, which requires employers with twenty or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy, and provides for a civil fine for failure to comply. OHA's strategic plan includes a health priority, which states that to improve the quality and longevity of life, Native Hawaiians will enjoy healthy lifestyles and experience reduced onset of chronic diseases. According to the United States Department of Health & Human Services, Office of Women's Health (0") and the Agency for Healthcare Research and Quality fAHRQj, breast milk reduces the risks for the onset of chronic diseases in infants by lowering the risks for respiratory infections, Asthma (young children), types l & ll Diabetes, obesity and childhood leukemia. Breastfeeding has also been shown to lower the risk of atopic dermatitis in babies (a type of skin rash) and 51DS (Sudden Enfant Death Syndrome). In addition to improving the health of the Infant, breastfeeding also improves the health of the lactating mother. Native Hawaiian women are at a higher risk for type it diabetes, as well as breast and ovarian cancer. For a lactating mother, there is a reduced risk for these chronic diseases. The long terra health outcomes and wellness enhanced values of breastfeeding to the mother not only create healthier mothers, they create healthier employees, which is good for business outcomes. OHA encourages the State and employers use this opportunity to launch workplaces and worksites that promote health and wellness amongst the employees. Both men and women can benefit from a worksite that promotes wellness. The health and economic benefits of breastfeeding at the worksite far outweigh the costs of this initiative. Therefore, OHA urges the committee to PASS HB 2228. Mahalo for the opportunity to testify on this important measure. ED (7`, a r H� a,P ISO r 830 PLNLWOWL STRf 7, Ron M ti I HONOLULU. HI 96813 PHOKE: 5868636 Fix: 516*355 TDa Std -8692 �tJ February 21, 2012 2:00 pm Room 325 To: The Honorable Gilbert Keith - Agaran, Chair and Members of the House Committee on Judiciary From: Linda Hamilton Krieger, Chair and Cianunissioners of the Hawaii Civil Rights Commission Re: J1.B. No. 222§,1Q. I The Hawaii Civil Rights Commission (HCRC) has enforcement jurisdiction over state laws prohibiting discrimination in employment, housing, public accommodations, and access to state and state - funded services. The HCRC carries out the Hawai `i constitutional mandate that "no person shall be discriminated against in the exercise of their civil rights because of race, religion, sex or ancestry ". Art. 1, Sec. 5. H.B. 2228, H.D.1 would amend H.R.S. §378 -10 to require employers with 20 or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy. The proposed amendment partially conforms H.R.S. §378 -10 to the provisions of the Fair Labor Standards Act (FLSA, 29 U.S.C. §207(r)), which require an employer to provide a place, other than a bathroom, that is shielded form view and free from intrusions from coworkers and the public for an employee to express breast milk The FSLA requirements, which took effect in 2010, E�w MM (777-) apply to employers with 50 or more employees. FSLA protections for breastfeeding fall under the jurisdiction of the U.S. Department of Labor (DOL) Wage and Hour Division, and not the HCRC's federal counterpart, the U.S. Equal Employment Opportunity Commission (EEOC). The HCRC supports the intent of S.$. 2573, as it has consistently supported proposals mquiring or encouraging employers to allow and make accommodation for breast feeding and expression of breast milk. However, the HCRC objects to the placement of Ns new regulation under the enforcement jurisdiction of the HCRC. While this is good policy, it is unlike the civil rights protections against discrimination in the laws that the HCRC enforces. Again, it is worth noting that the federal FLSA is not enforced by our counterpart, the EEOC, but by the US DOL Wage and Hour Division. More to the point, the proposed breastfeeding protections are health and safety regulations, rather than civil rights protections within the enforcement mandate of the HCRC. Specifically, the HCRC does not have the expertise or facilities to determine whether a location is "clean ". Accordingly, the HCRC strongly urges the Legislature to move the current breast feeding protections in H.R_S. §378 -10 and any new regulation enacted, out of H.R.S. chapter 378, part L and HCRC jurisdiction. The breast feeding law should be placed under the jurisdiction of an agency that has expertise and facilities required to effectively enforce the law. And finally, there are costs associated with enactrrient of laws that are a mish- mash of dissimilar protections, in this case a regulation that is not a civil rights protection, without a conceptual framework, and putting them under the jurisdiction of 2 the HCRC. The HCRC has lost over 25% of its general funded full time permanent enforcement staff (investigators and attorneys), while the lcgislature continues to add protected bases to the HCRC's enforcement jurisdiction and responsibility. It takes enforcement resources to plan and prepare to enforce new protections, especially novel ones, regardless of the number of complaints that are actually filed. Enforcerttent resources spent on these newly assigned responsibilities directly affect the investigation, conciliation, and prosecution of all cases involving claims of discrimination involving race, sex, disability, etc. For these reasons, the HCRC urges this Committee to amend H.B. 2228, H.D. I to take the existing and proposed breastfeeding protections out of H.R.S. chapter 378, part I, and HCRC jurisdiction, and place this regulation under the jurisdiction of an agency that has appropriate expertise. Thank you for considering the HCRC's concerns. 7% January 30, 2012 To: Representative Gilbem4 Keith- Agaran, Chair Representative Karl Rhoads, Vice Chair and Members of the Committee on Judiciary From: Jeanne Ohta, Co -Chair RE: HB 2228 HDI Relating to Breastfeeding in the Workplace Hearing. Tuesday, February 21, 2012, 2:00 p.m., Room 325 Position: Support Good afternoon, I am Jeanne Ohta, Co -Chair of the Hawaii State Democratic Women's Party testifying in support of BB 2228 HDI, Relating to Breastfeeding in the Workplace. The Hawaii Stage Democratic Women's Caucus is a catalyst for progressive, social, economic, and political change through action on critical issues facing Hawai`i's women and girls. It is because of this mission, the Women's Caucus supports this measure. According to the US Department of Hcalth and Human Services Office on Women's Health, breastfeeding can help improve an infaat's immune system, protecting her from germs and illness. It may also prevent illness such as ear infections, stomach viruses, asthma, obesity, types 1 and 2 diabetes, childhood leukemia, and some respiratory infections,' Mothers also benefit from breastfeeding, as it lowers the risk of breast and ovarian cancer, type 2 diabetes and reduces post partum depsession.2 Nursing mothers returning to the workplace need adequate time and space to express breast milk while at work In 2010, the Fair Labor Standards Art was amended to require that employers with more than SO employees provide reasonable break time for employees to breastfeed as well as a private and clean space for expressing breast milk, other than a bathroom.3 Because we believe that all women deserve this same protection, we support HB 2228 HD1 as it expands that requircrwnt to include employers of any size. Employment rights only benefit employees when they are clear and well known. We are aware that many employers and employees alike are unaware of the new breastfeeding provisions in FL&k This measure requires employers to make postings visible to employees informing them of their right to express breast milk at work. Because it protects time health of worsen and their children as well as promotes equality in time workplace, we support flB 2228 HDI. Please pass this measure. Thank you. I US Dept_ of Health and Human Services, Office of Women's Health,Breastfee&ng Fact Sheet, www-wo ensb v,� f o hee x Id. 3 Fair Labor Standards Act, 29 U.S_C. §207(r)(1) (7010) Hawai5 Stye Derr=allc Women's Caucus, 1050 Ala Mcana EM 000 26, HanokA4 Hl 96814, hWee, mrabcypornenscaucus@yahoo.com Planned Parenthood` 1350 S. King Sheet • Suite 309 - Homlult4 Hawaii 96814 - www.nvhi,ot¢ Phone: 808-584 -1156 - Fax: 808-584 -1404 February 20, 2012 Testimony in Support: HB 2228 EEi1 - To: Chair Gilbert Keith- Agaran, Vice Chair Karl Rhoads, and Members of the House Committee on Judiciary From: Katie Polidoro, Director of Govemment Relations & Public Affairs Re: Testimony in Support of HB 2228 HD1, Relating to Breastfeeding In the Workplace Thank you for bearing HB 2228 HD1. Planned Parenthood of Hawaii (PPHI} strongly supports HB 2228 HD1, which would require employers to provide a clean and private location for new mothers to express breast milk and to post signs informing employees of their right to breastfeed in the workplace. Many new mothers are faced with difficult choices when returning to the workplace, including the ability to continue breastfeeding- The health benefits of breast milk for both infants and mothers have long been established. According to the US Department of Health and Human Services Office on Women's Health, breastfeeding can help improve an infant's immune system, protecting her from germs and illness. It may also prevent ill.mss such as ear infections, stomach viruses, asthma, obesity, types 1 and 2 diabetes, childhood leukemia, and some respiratory infections. Mothers also benefit from breastfeedin& as it lowers the risk of breast and ovarian cancer, type 2 diabetes, and reduces post partum depression 2 As the flow of breast milk is slowed by less frequent feeding, returning to the workplace may mean ceasing breastfeeding for some women. Employees wbo are offered a clean and safe space at work to express milk are able to work without compromising their ability to breastfeed. Currently, the Fair Labor Standards Act requires that employers with more than 50 employees provide reasonable break time for employees to breastfeed as well as a private and clean space for expressing breast milk, other than a baffi=ni.3 HB 2228 would expand this requirement to smaller employers who employ at least 20 people, therefore benefiting more of Hawaii's working mothers. The bill would also require employers to make postings visible to employees informing them of their right to express breast milk at work. PPHI believes that this pasting will benefit many employees who are not currently aware that they have this right, as well as serve as a strong reminder to employers. PPHI believes in providing all individuals with the information and tools they need to raise healthy and strong families. Accordingly, we support HB 2228 HD1 and we ask this Committee to pass it. Thank you. ' US Dept. of Health and Human Services, Office of women's Health, Brea4beding Fact Sheet, Wy— twww.arosnensh lfk"rsti�gt /breastfeedagg, f lid_ 1 Fair labor Standards Act; 29 U.S.C. §207(r )(1) (2010) JIM0u RRIth %try ,XSAhAo i (luaus] Seakb Center U78 5. tb g smxt sa+a lea 76-1ta HIM" too, 5afoe 2M 1 a0 NO' I sued, sm 306 k M 9611{ XU'k& too. 14 tmr4a Kxtwkbk M MM fi*$1')-1 tag AOE-mu S S W&M -F 1-16 (A Mtui uefif3 wsy Ap-y) ACL r� � Committee: Committee on Judiciary Hearing DatelT=e: Tuesday, February 21, 2012,2:00 p-m, Place: Room 325 Re: 7'estiinony of_ the _ .4 CL(1ffHawaii in slronju sun -port ofHB._ 22,78, HDI. Relator tq-thegreasCepting in the W r lace Dear Chair Keith- Agaran and Members of the Committee on Judiciary: in order to ensure full equality for women, workplace policies and practices must appropriately reflect the realities of pregnancy, childbirth, and breastfeeding in many women's lives. Numerous. barriers remain to women's continued workforce participation and advancement once they have children, with both short - and long-term consequences for women's earning potential and economic security.1 Insufficient support for breasi feeding for women who return to the paid workforce after the arrival of a baby is among these barriers. These were among the concerns that animated the euactrnetzt of the amendment to the Patient Protection and Affordable Care Act, Public Law 111 -148 ( "Affordable Care Act". Citing the growing percentage of women who return to work within three to six weeks of giving birth, Senator Merkley characterized the provision as "simply an act of human decency to protect their right to continue [to] breastfeed after they return to work.. [tjo help meet their basic needs with n regard to the care and nourishment of their children. "z He also cited health benefits for infants and nursing smothers, and savings in health care costs that could be expected as a result of the provision.3 Moreover, this provision of the Affordable Care Act reflects a strong policy on the part of the federa.i government, stretching back at least a quarter of a century, of promoting breastfoading, 'See gwerally Pamela Stonc, Opting Out? Why Women Really Quit Careers and Head Sack Home (2007) (distressing stray wral barriers to professional women's continued advancement in the workplace after having children); Sylvia Ann Hewlett, On -Ramps and Off-Ronps - Keeping Women on the Road to Success (2047) (documenting that women who took a 2.2 to 3 year break frogs the work% lost 18*4 to 37%of their earning power, and that only 40'10 were than able to rectum to paid full-4ime work dapitae a desire to do so); Marianne Bert-and et al., La mamics of the Genstar Gap for Young Professionals in theYuwmcial and Corporate Sectors, 2 Am Ecom J.: Applied Ecan. 229, 252 (20 10) (docunseutfng increasing gap in career progress for female as compared to male M.S.A -s followitg graduation, and concluding that "ft1hepresence of children is the main contributor to the lesser job experience, greater career discontinuity, and shorter vrork hours for female MBAs'D. s Markup Rearing on H. R- 3590 Before the S. Comm on Health, Education, Labor, & Pensions, i l lth Cong., I" Sess. (Jam. 23, 2049) (comments of Senator Markley, Senate Sponsor). 'Id. Amertaan C" Lf mMus llntoo of He",j P.O. Box 3410 Honolulu, mmai { 9680# F: 808.822 -6900 F• 808.522.5M E: offtce®aciuhawsA,org www.acluhawafl,arg Hon. Rep. Keith- Agaran, Chair, JM Committee and Members Thereof February 21, 2012 Page 2of2 including women's ability to continue breastfeeding upon return to the paid workforce .4 Frorn the first federal summit on breastfeeding in 1984 to the signing of the World Health Organization. Innocenti Declaration on the Protection, Promotion and Support of Breaseeding in 1990,5 to as recently as this year, when the Surgeon General issued a "Calf to Action to Support Breastfeeding" outlining steps that various sectors might take to improve breastfeeding rates, promotion of breastfeeding has been a "key public health issue in the United States. "6 In light of the legislative concerns motivating this provision of the Fair Labor Standards Act (FLSA), and the strong federal public policy in favor of breastfeeding promotion, we strongly urge this Committee to expand the requirements of H.R.S. §378 -10 to ensure that employers provide breastfeeding women with an appropriate space in their place of employment to express their breast milk. The mission of the ACLU of Hawaii is to protect the fundamental litedotns enshrined in the U.S. and State Constitutions. The ACLU of Hawaii fulfills this through legislative, litigation, and public education programs statewide. The ACLU of Hawaii is a non - partisan and private non- profit organization that provides its services at no cost to the public and does not accept government fiords. The ACLU of Hawaii has been serving Hawaii for over 40 years. Sincerely, Laurie A. Temple Staff Attorney 4 See Uaited States Depwtment of Health and Htunan Services, Office of the Surgeon General, Tare .surgeon General's CW1 to Acllon to Support Brcuroeding at 5 (2011) [hereinafter "Surgeon General's Call to Actiod'7 �discwuing Federal Policy on Breastfeediag'). See Ceparm=t ofHealtb and Human Services, Office of Women's Health, HHSBlueprint for Action on Brecu0 ding (200Q ), gmms&?ur. jets l3d{�7[ tT� bk2 United Nations Chikfrea's Fund, World Health Organization, Innocenti Declaration on the Protection. Promoricn and Support ofBrwstfeeding (1990) (Adopted by U.S. at WHOIUNICEF policyn=kers' meeting Breastfeeding in the 19.90s. .A Global Lritiative, co-spolammd. by the United States Agency for inter m ionai Development and the Swedish International Development Authority (SIDA), in Florence, Italy), lww��3��org( grletf���ti `�dznRlinuacczitLhtm. s Surgwm General's Call to Acdon, sup -at at v. Aaneriaan C" liberties Union of Hawaii P.O. Box 3410 Honotulu, Havy F196801 T: BOSM2 -590 F: 848.'s2Z'S9Q9 �: ai'fis� aQacluhawa<i.arg wMrw.aclufiawsfi.arg C (7) I.I.AGIll :ELF IvVt3`r EN VC)"ITRS�' League of Women Voters of Hawaii 49 South Hots# Street, Room 314 1 Honolulu, H1 96813 www.lwv- hawaii.com 1808.531.7488 1 voters@twvhawail.corn Judiciary committee Hearing: Tuesday, Feb. 21, 2012 Time: 2:00p.m, Place: 325 SUBJECT: HB2228 HD1 Relating to breast - feeding in the workplace POST' ON: SUPPORT Testimony: Chair Keith ,4garan, Vice -Chair Rhoads, Members of the Committee: I am testifying for the League of Women Voters of Hawaii. Thank you for hearing HB 2228. The League of Women Voters of Hawaii supports HD 2228, which would require employers to provide a clean and private location for new mothers to express breast milk and to post signs informing employees of their right to breastfeed in the workplace. New mothers are faced with difficult choices when returning to the workplace, including the ability to continue breastfeeding.Tbis is a very important issue, for young women and we want to support them as they build new families. The health benefits of breast milk for both infants and mothers have long been established. According to the US Department of Health and Human Services Office on Women's Health, breastfeeding can help improve an infant's immune system, protecting her from germs and illness. It may also prevent illnesses such as ear infections, stomach viruses, asthma, obesity, types 1 and 2 diabetes, childhood leukemia, and some respiratory infections. Mothers also benefit from breagfeeding, as it lowers the risk of breast and ovarian cancer, type 2 diabetes, and reduces post partum depression. These Health benefits cannot be overlooked Federal law requires that employers with more than 50 employees provide reasonable break time for employees to breastfeed as well as a private and clean space for expressing breast milk, other than a bathroom. H3 2228 would expand this requirement to an employer of smaller size, therefore benefiting more of Hawaii's working mothers. We hope that eventually all employers provide private, clean and safe places to do this. The bill would also require employers to post information visible to employees about their right to express breast milk at work. Thank you for the opportunity to testify Joy Marshal4 League of Women Voters of Hawaii STATE OF HAWAII Office of the CIO Category Social Media Title Use of Services Offered by Social Media Sites for Official Purposes Document: OIMT -CORR 12.0010 Revision: 1.0- 20121010 Posted URL: http: / /oimt.higov.net Status ISSUED Revised on: October 10, 2012 Authority: Office of the State CIO Exceptions: Temporary Allowed ®State Government Agencies ®AI I .................................................................. ............................... Guideline ❑Excluding : .......................................... ............................... Not Applicable Applicability ®including: Executive Branch ..... ............................... .........................Policy ®State Funded Entities ................... ............................... ......................Guideline []Other: ....................................................... ............................... Not Applicable PURPOSE The purpose of this policy statement is to assist state agencies on the use of social media services for official purposes. II. SCOPE This document serves as the main framework for the Social Media Policy. Specific policies will be developed for each approved social media application. This policy applies to all agencies in the Executive Branch of the State of Hawaii, and personnel in such state agencies who are or will be acting in an official capacity on behalf of an agency with respect to the use of social media services. This policy also applies to any persons or contractors retained by an agency to assist the state agency on the use of social media services. This policy does not apply to state employees using social media services in their personal capacity for personal purposes. Use of Services Offered by Social Media Sites for Official Purposes Page 1 of 12 Revised 1.0- 20121010 III. TERMS AND DEFINITIONS As used this policy, "social media services" means the services offered by "social media sites" maintained mostly by third parties. Generally, "social media sites" are websites that are capable of providing information, and more importantly, facilitating user participation, networking and collaboration through the submission of user - generated content. Examples of current social media sites include: (i) social networking sites, such as FacebookTM' and LinkedIn'"; (ii) microblogging sites, such as Twitter "; (iii) blogs; (iv) wikis; (v) video sharing sites, such as YouTube''; and (vi) bookmarking sites such as DeLicio.us "'. IV. POLICY Social media services can provide agencies with an opportunity to effectively and efficiently communicate with citizens, to communicate with and participate in the larger community, and to promote open government. Accordingly, agencies are permitted to use social media services for official agency business in a manner that supports the agency's mission. The following are examples of appropriate uses of social media services: • Deliver public information and customer service • Communicate directly to the public without a filter, especially during crises and emergencies • Increase government transparency and efficiency Prior to using social media services, each agency must assess the risk(s) and the value associated with the use of social media services. This policy is meant to help agencies understand the risk(s) and value, and outline some best practices for social media usage. 1) SOCIAL MEDIA SERVICES APPROVED FOR USE BY STATE AGENCIES. Policies and guidance specific to a particular social media service must be reviewed. 2) AGENCY PLANNING FOR THE USE OF SOCIAL MEDIA TO COMMUNICATE WITH THE PUBLIC; PLAN. Use of Services Offered by Social Media Sites for Official Purposes Page 2 of 12 Revised 1.0- 20121090 BEFORE starting to use social media services, agencies should carefully consider the following: i) UNDERSTAND THE SOCIAL MEDIA SERVICES: Social media services can foster information - sharing with the citizens and the public, keep pace with fast- moving events in real time' (e.g., crisis, disasters, emergencies, etc.), and harness the collective ingenuity of the public to support the mission of the agency. Take the time to become familiar with the array of social media services in terms of how they work and what they can offer to government agencies. (Practice pointer: Consider consulting with other agencies using social media to learn from their experiences.] ii) PURPOSE(S): Identify the purpose(s) for using the social media services, and how the social media services will foster or fit into the communication strategy and mission of the agency. Bear in mind that the purpose(s) for using social media services will evolve over time as the agency garners experience, feedback, and comfort with the use of the services. iii) CONTENT: Consider the type of content you intend to communicate through the use of social media services. identification of the content will assist in determining other aspects such as the target audience, the frequency of use of social media services, the required resources, and retention requirements. iv) FREQUENCY: Consider how often you anticipate the need or opportunity to post content. Personnel resources will vary with the frequency of the posting of content. Keep in mind that failure to post content that is active, timely and current can negatively affect the efficacy of the effort to use social media services. v) TARGET AUDIENCE(S): Consider the target audience that you are intending to reach with the social media services. Each service is different in terms of engagement, content, and community norms. Market research, metrics, and other data can help in defining your audience and the particular social media services to use. vi) SCALE: If the agency does not already possess experience and a level of comfort with the use of social media services for the agency's business, the agency may want to initially limit the use of social media services to static one -way communications. 1 Note that Social Media providers do not offer any level of service agreements or assurances for delivery of content and should not be depended on for life- safety communications. Use of Services Offered by Social Media Sites for Official Purposes Page 3 of 12 Revised 1.0- 20121010 Starting on a small scale will also assist the agency in gauging the type and number of personnel and other resources needed, including the willingness of the agency to assign personnel to monitor and act upon public comments /feedback. vii) INTERNAL RESOURCES: Identify the internal resources needed to use the social media services. Social media requires an investment in resources to make it work. viii) INTERNAL POSTING PROTOCOL: Identify the personnel who will be authorized to post content on the social media services, and the approval(s) that personnel will be required to obtain before content is posted. ix) CONTENT PROTOCOL: The agency should provide clear internal guidelines on the content permitted to be posted via the use of social media services. x) INTERNAL RETENTION PROTOCOL: All content posted via the use of social media services must be recorded and stored. it is the responsibility of the director /head of the agency to ensure that the content is recorded and stored. xi) PUBLIC COMMENTS: Some types of social media allow comments from the public, e.g., blogs, YouTube, Facebook, etc. If you intend to permit comments, you should: (i) implement a comment policy — this policy is sometimes referred to as a takedown policy; (ii) establish the internal protocol for administering the comment policy; and (iii) train the personnel who will be administering the comment policy. [Practice pointer: Before activating the comments feature for a social media service, go in experience with the use of the social media service. This experience can provide insight into the staffing requirements needed to moderate the comments.] . xii) METRICS FOR GAUGING EFFECTIVENESS: Before implementing your social media plan, define what success should look like and how you are going to measure it. Examples of measurements include subscriptions, page and blog views, and click - throughs. Establish a regular reporting schedule. xiii) SERVICE CONTINUITY: Generally, social media services are provided by third parties at no cost and without a specific contract. Given the manner by which these services are offered, the agency should be aware that features, access, terms of service, and other facets of the social media service may change over time. Consideration should therefore be given as to the extent to which the agency will exclusively rely on a particular service. The agency should consider its contingency plan in the event of unacceptable changes in the service, or termination of the service. Use of Services Offered by Social Media Sites for Official Purposes Page 4 of 12 Revised 1.0- 20121090 THE SOCIAL MEDIA SERVICES PLAN: After identifying the matters above, the agency should prepare a Social Media Services plan. The plan should be discussed with and approved by the director /head, all agency staff involved, and the person in charge of the social media services on a day -to -day basis. Once the appropriate approvals have been obtained, the proposed Social Media Services plan shall be submitted to the CIO for review and approval before the implementation or use of a social media service. The plan must be reviewed by the agency once per year. The review should include an assessment of posted content ensuring alignment with the plan, analysis of community involvement to include statistics, and any proposed changes. The review document once approved by the director /head should be submitted to the CIO for review and approval before any readjustment takes place. 3) GUIDELINES ON THE USE OF SOCIAL MEDIA BY STATE EMPLOYEES. i) Authorization. (1) The agency shall connect to and exchange information with only those social media service sites that have been identified in the agency's Social Media Services plan and approved by the CIO. (2) The director /head of the agency or his or her designee must authorize the participation of identified state personnel in social media services for official purposes, and the posting of agency information. (3) State personnel authorized to speak on behalf of the agency or the State shall identify themselves when posting or exchanging information via social media services, and shall address issues only within the scope of their specific authorization. (4) The posting of information or events which are not under the sole authority or responsibility of the agency is prohibited unless written specific authorization has been granted to that agency in advance. (5) When registering for social media services, state personnel shall use their official state email address. Use of Services Offered by Social Media Sites for Official Purposes Page 5 of 12 Revised 1.0- 20121010 (6) If the application requires a USERNAME, one of the following addresses must be used to provide the public with a consistent method of searching for and finding official State identities: - http : / /twitter.com /agencynameHIgov - http: / /facebook.com /agencyname.Higov (7) The agency shall develop and maintain an up -to -date social networking matrix that identifies state personnel participating in social networking activities. The matrix shall include: • The social networking application name (i.e., MySpace, Twitter, Facebook, etc.), • The first and last name of the individual, • The username (if applicable), • The email address, and • The account login information (e.g., user name, password, etc.). A copy of the agency's social networking matrix shall be provided to the CIO. (8) Upon termination of personnel (or authorized contractors), the director /head of the agency shall be responsible for removing /deleting social networking registrations of such state personnel and contractors. ii) Terms of Service. (1) A social media site not owned or operated by the State is subject to the terms of service agreement of the provider. Since some of the terms may not be acceptable or appropriate to the State or to your agency, the terms must be vetted by legal staff before the site is used. iii) Copyright Protection. (1) The director /head of the agency shall approve the posting of content created by others before the content is posted. The agency shall do the following when posting content created by others: • Credit appropriately. Identify all copyrighted or borrowed material with citations and links. When publishing any material online that includes another's direct or paraphrased quotes, Use of Services Offered by Social Media Sites for Official Purposes Page 6 of 12 Revised 1.0- 20121010 thoughts, ideas, photos, or videos, always give credit to the original material or author, where applicable. • Obtain copyright releases for all such material from the creators or indemnification from the entity for which the material is to be posted. • Logos, seals, URLs and trademarks, other than the State's, may not be used without written consent of the owner or an authorized representative. • Obtain personality right releases for each image of a person who may have a potential claim to such a right or indemnification from the entity for which the material is to be posted. • Do not reference, cite, or publish information, views or ideas of any third party without their written consent and only as permitted by the State for the purpose of conducting business on behalf of the State. • The changing or editing of postings made by others (e.g. the public) by the moderator or agency is not allowed, only the complete removal for violation of established policy. iv) Disclaimers and Disclosures. (1) Determine if a disclaimer or a disclosure is needed. A disclosure is a statement of information or risks associated with the social media. For example, an office must disclose that comments are moderated. A disclaimer makes a statement that limits or specifies rights or obligations. An often -used disclaimer is the standard exit disclaimer when you include a link to an outside website. To the extent possible, the agency shall include clear disclaimers that their views represent the best interest of the State and its citizens. Use of Services Offered by Social Media Sites for Official Purposes Page 7 of 12 Revised 1.0- 20921010 v) Posting and Comment Guideline; Ethical Conduct. (1) State personnel should be mindful that they represent the agency and the State when working in their official capacity while online. As such, state personnel are subject to all agency and State requirements addressing prohibited or inappropriate behavior in the workplace, including acceptable use policies, user agreements, sexual harassment policies, etc. Remember that you are "speaking" for the Agency when you are working in your official capacity. (2) Content shall be clear, direct, positive, honest, ethical, and written in the first person. (3) Content shall be relevant and timely: • Relevant: Information that helps citizens; and • Timely: Information about deadlines, upcoming events, news or current events. (4) Provide facts, not opinions. (5) Do not disclose, use or comment on the following: • Matters in litigation; • Claims that could be brought or asserted against the agency, its personnel, or the State. • Anything that would be construed as providing legal advice. • Nonpublic information, including any information designated as confidential, privileged, or any other type of information that may not be disclosed, even if someone else asks you for it. • Personnel, sensitive or confidential information of any kind. • Medical information that violates a person's Health Insurance Portability and Accountability Act (HIPAA) protections. Use of Services Offered by Social Media Sites for Official Purposes Page 8 of 12 Revised 1.0- 20121010 (6) Maintain ethical conduct when using social media services: • Do not post content that you would not say in a speech given in your official capacity. • Do not post content that is graphic, vulgar, obscene, explicit, profane, sexually explicit, racial comments or submissions, abusive, hateful, or intended to defame anyone or any organization. • Do not post content that contains threatening or harassing language, personal attacks of any kind, or offensive terms that target specific individuals or groups. • Do not post content that is invasive of a person's privacy. • Do not post content that violates a law, or suggests or encourages illegal activity. • Do not misuse your position for your own gain or to help others inappropriately. • Do not endorse any product, service, company, non - profit organization or any other enterprise. • Do not engage in any partisan political activity. • Do not fundraise for any charitable or political organization. • Do not attempt to directly or indirectly lobby. (7) Before you post any content via social media services, pause, read the content again, and make sure that you want to send the content. If you have any doubts, do not post the content until you have discussed the matter with the agency's director or public information officer. vi) Security and Privacy. (1) Before participating in any online activities, understand that anything posted online through social networking is available to anyone in the world. Any text or photo placed online is completely out of your control the moment it is placed online — even if you limit access to your site. Use of Services Offered by Social Media Sites for Official Purposes Page 9 of 12 Revised 1.0- 20929090 (2) State personnel shall not post information, photos, links /URLs or other items online that would reflect negatively on any person, entity, or the State. (3) State personnel shall not provide home addresses, local addresses, personal phone number(s), birth date, as well as personal location or personal plans on a weblog or other social network system, or any other personal identifying information including information defined in HRS chapters 487N, 487R, and Acts 135 and 136, Session Laws of Hawaii 2006. (4) Use of social media services shall comply with the security and privacy policies /standards of the State. Information posted by an agency via the use of social media services will be treated as a government record that is open to public access and subject to retention requirements. (S) Each agency is responsible for reporting and responding to information security and privacy incidents, including breach notification requirements. (6) Unlike static web pages, social media services can allow for two -way communication allowing new paths of communication to the State from the public. Threats, adverse or slanderous comments, or allegations made against the state, its employees, or contractors shall be promptly reported by the agency to the CIO. (7) Agencies and state personnel shall not utilize tools or techniques to spoof, masquerade, or assume any identity or credentials except for legitimate law enforcement purposes, or for other legitimate State purposes as defined in agency policy. Any user information collected through the State web pages and social media pages shall be treated as confidential. (8) Account login information (e.g., user name, password, etc.) should only be disseminated to appropriate state personnel listed in the social networking matrix referred to in section 6.a.7 above. (9) Strong passwords should be used. The passwords should be changed whenever there is a change in the state personnel listed in the social networking matrix referred to in section 6,a.7 above. Refer to the "Information System Access Policy" published by the Information and Communications Services Division - Version 1.0 (August 26, 2009). Use of Services Offered by Social Media Sites for Official Purposes Page 10 of 12 Revised 1.0- 20121010 vii) Accessibility. (1) Content posted via social media services must be accessible to all persons, including persons with disabilities, unless it would impose an undue burden on the agency. (2) If making the content accessible would impose an undue burden on the agency, or would otherwise fall under an exception, you should provide alternative access viii) Comments by the public. (1) Some social media services allow users to add comments, e.g., blogs, YouTube, and Facebook. Agencies should use caution if use of social media services contemplates the receipt of public comments. Agencies should consult with their legal counsel on the type of forum to be created, the takedown policy for the removal of inappropriate comments, and the resources needed to monitor the comments. (2) Agencies shall not use social media services to receive formal comments in connection with rulemaking, contested cases, or other administrative proceedings governed by HRS chapter 91. (3) If the agency decides to accept comments by the public, the agency shall comply with the following: (a) Moderate all comments before they are public if the tool allows pre - moderation. (b) If comments cannot be moderated before posting, comments must be reviewed as soon as possible during business hours after they become accessible by the public. (c) Any comments that are removed or not posted due to comment policy violations must be documented by the agency along with reason for the removal or non- posting of the comment. Use of Services Offered by Social Media Sites for Official Purposes Page 11 of 12 Revised 1.0- 20121010 V. ENFORCEMENT Violations of this policy will be governed by the policies of the agency, and applicable laws and regulations. All employees must comply with the State of Hawaii, Department of Human Resources Development's Policy No. 103.001, "Acceptable Usage of IT Resources ". VI. REFERENCES AND ATTACHMENTS N/A VII. COMMENTS AND SUGGESTIONS Comments, recommendations, proposals, or suggestions regarding the contents of this document may be sent either via email to oimt @hawaii.gov or in writing to: Office of Information Management and Technology 1151 Punchbowl Street, Room 610 Honolulu, HI 9 6813 VIII. REVISION HISTORY Creation Date: February 27, 2012 Date Last Updated October 10, 2012 Date last reviewed October 10, 2012 Revision History Revision date Revision Author 2012.02.27 Initial Draft For Review / Comment AG /OIMT 2012.10.10 First Release AG /OIMT Use of Services Offered by Social Media Sites for Official Purposes Page 12 of 12 Revised 1.0- 20121010 Fw Scanned from a Xerox multifunction device From: Mona Clark sent: Monday, November 26, 2012 9:24 AM To: jade Battad subject: Fw: scanned from a Xerox multifunction device Attachments: scanned from a Xerox multifunction device001.pdf Jade, The attachment contains information on the event "Eliminating Gender violence in Education, the Next Forty Years of Title Ix" which was sponsored by Hawai'i women Lawyers, Hawai'i state commission on the Status of women, YWCA, and Hawai'i state ear Association DEAL. it focused on the intersection of civil rights, gender discrimination, and sexual violence on college campuses. if you are interested, I could obtain information on the program for next summer. Mona Mona W. Clark Deputy county Attorney county Of Kauai 4444 trice street, suite 220 Lihue, Hawaii 96766 (808) 241 -4943 mclark @kauai.gov CONFIDENTIAL COMMUNICATION: This message (and any attachments) is intended only for the use of the designated recipient named above. This message may be an attorney- client communication and contain attorney work product and may contain information that is privileged, confidential and exempt from disclosure under applicable law. if the reader of this message.is not the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone and delete this message and any attachments. Thank you. -- original message ----- From: caxeroxxerox @kauai.gov [mailto:caxeroxxerox @kauai.gov] Sent: Monday, November 26, 2012 8:10 AM To: Mona Clark subject: scanned from a Xerox multifunction device Please open the attached document. it was scanned and sent to you using a Xerox multifunction device. Attachment File Type: pdf multifunction device Location: machine location not set Device Name: xwc0000AAD613E4 For more information on Xerox products and solutions, please visit http: / /www.xerox.com Page 1 MARK YOUR CALENDARS FOR... UPCOMING HWL EVENTS Brow-wBag Session: - "Life is a Presentation,P' feat Ong Pam Chambers DON'T BE CAUGHT ON THE WRONG SIDE OF THE LAW... November 12, 2012 at 12 noon, Ashford & Wriston PLEASE SAVE THE DATE! H WL brings back presentation coach and public speaker Pam Chambers. Visit hM&pamchambers.com for more HAWAII WOMEN'S LEGAL FOUNDATION 2012 information about A4s. Chambers. FUNDRAISER "SUPER HERO SMASH!" NOVEMER 17,2M HILTON HAWAIIAN VILLAGE Honorary eo- Adra Robert Hiam (Hawall Medical Service Association) and Barbra Pleadwsll (Fleabags & PleadiraW bring an entertaining n4fir of exceptional food, twine, dancing, silent section, and other surprises worthy of a 'super hero.' Visit ht X:1,hmw,hwlf to purchase tickets, reserve a table, or to make donation. ELIMINATING GENDER VIOLENCE IN EDUCATION. THE NEXT 40 YEARS OF TITLE IX (JULY 24, 2012) The event, co- sponsored by the Hawaii State Commission on the Status of Women, Hawaii Women !Lawyers, Hawaii State Bar Association DEAL, and YWCA of O'ahu, focused on the intersection of civil rights, gender discrimination, and sexual violence on college campuses. Moderated by Justice Sabrina McKenna featuring panelists Linda Krieger (Professor of Law, University of Hawaii) and HWL Director Jennifer Solidum Rose (Gender Equity Specialist, University of Hawaii). Please visit www.hawaiiwomenlaw ers.wilda ricot.or to find out more about upcoming events and to register for an event. Brown Bag Session: The Hawaii State Commission on the Status of Women December 7, 2012 at 12 noon, TBA Executive Director of the Hawaii State Commission on the Status of Women (N_SCSW) and HWL Director, Cathy Betts, will discuss the mission and mandates of the HSCSW, ways the community can use the Commission as a resource, and discuss the current legislative priorities for the upcoming legislative session. EVENTS SUPPORTED BY HWL "Super Hero Smash!", Hawaii Women's Legal Foundation 2012 fundraiser (top left) Breakfast with Santa, December 1 S, 2012 at the Japanese Cultural Center An anni4al fundraiser for Prevent ChildAbuse Hawaii. RECENT HWL EVEN -r5 HWL Pau Hana Networking Event, October 17, 2012 (Bambu2) The first informal, networking event bringing HWL members and supporters together. Don't worry if you missed it, there will be more opportunities to come! RECENT EVENTS SUPPORTED BY HWL Eliminating Gender Violence in Education (left), July 24, 2012 Fair Housing Outreach Event, presented by the Hawaii Civil Rights Commission, U.S. Dept. of Housing, Urban Development Office of Fair Housing and Equal Opportunity, Legal Aid Society of Hawaii, and YWCA of Oahu, September 20, 2012 2012 wahine Forum, presented by Hawaii Business and the Junior League of Honolulu, October 26, 2012 Savita Agarwal Chair Jade Battad Vice -Chair Members: Kanam Alapa Regina Carvalho Deslynn Jaquias Cherie Mooy Donna Olivas -Kaohi Nancy Nagarkar Lisa Ellen Smith Secretary Ex -Officio Uh'i Castor Treasurer COUNTY OF KAUAI COMMITTEE ON THE STATUS OF WOMEN c/o Boards and Commissions 4444 Rice Street, Suite 150 L-1hu`e, HI 96766 2013 MEETING SCHEDULE January 16, 2013 February 20, 2013 March 2092013 April 17, 2013 May 15, 2013 June19, 2013 July 17, 2013 August 21, 2013 September 18, 2013 October 16, 2013 November 20, 2013 December 18, 2013 Approved as circulated on: `Schedule subject to change CSW 2013 -02