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HomeMy WebLinkAbout2013_0122_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 2/26/13 Board/Committee: CIVIL SERVICE COMMISSION Meeting Date I January 22, 2013 Location Mo'ikeha Building, Liquor Control Commission, Meeting Room 3 Start of Meeting: 3 : 13 p.m. End of Meeting: 5:42 p.m. Present Chair Cathy Adams; Vice-Chair John Low. Members: Lani Aranio; Roy Morita Also: Deputy County Attorney Marc Guyot; Director of Personnel Malcolm Fernandez; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Personnel Services Manager Thomas Takatsuki; Personnel Management Specialist V Joyce Schuierer; HR Manager II Crystal Fujikawa Excused Member: Gilbert Maerina Absent SUBJECT DISCUSSION ACTION Call To Order Chair Adams called the meeting to order at 3 : 13 p.m. with 4 members present Approval of Open Session Minutes of December 11, 2012 Mr. Morita moved to approve the minutes as Minutes circulated. Ms. Aranio seconded the motion. Motion carried 4:0 Business CSC 2012-29 Implementation of the Human Resources Department (On- going) b. Update from the Director of Personnel Services on the Transition Plan for the Implementation of the Human Resources Department (On-going) Mr. Fernandez said the Department continues to meet with the IT Department regarding the more efficient use of the SunGard system and to learn how it works. There will be a follow up meeting with Mr. Inouye in one to two weeks to clean up the data in the system. Mr. Fernandez also stated that Civil Defense, Fire Department, Liquor Control Department, Parks and Recreation, Prosecuting Attorney and the Water Department have not yet turned over their personnel files. Just this past week, the Transportation Agency turned over their files. Also of note, DPS just recently had the funds transferred for the procurement of desks and computers which are needed for the office. The Department is still working Civil Service Commission Open Session January 22, 2013 Page 2 SUBJECT DISCUSSION ACTION on the flow charts, which is one of the more difficult things to map out, before they can be given to the departments. The departments have been told that DPS can't do anything that is attached to the personnel files until the files are in the Department. Asked when the files are expected from the remaining departments, Mr. Fernandez said they have been told that if they want help from DPS they have to turn over their files. Some of those departments such as the Fire Department have been working on cleaning up the data in their files before they hand it over. Fire is peculiar in that it does have a number of different(bargaining) contracts. Asked if a deadline for turning over the files had been set, Mr. Fernandez indicated they did initially set a deadline which has passed. c. Memo dated 8/29/12 to the Director of Personnel transmitting input from the County Agencies to the Civil Service Commission regarding transition to the Human Resources Department(On-going) 1) Response dated 8/9/12 from the Transportation Agency 2) Response dated 8/9/12 from the Department of Public Works 3) Response dated 8/14/12 from the Fire Department 4) Response dated 8/14/12 from the Police Department Response to the letters from the various departments will be addressed in a general meeting once the flow charts are completed and which will answer a lot of those questions. Some of the questions have been answered as the transition moves along and the departments can see what DPS is doing for them. Director's CSC 2013-01 a. Weekly Report Ending November 25, 2012 Report b. Weekly Report Ending December 2, 2012 c. Weekly Report Ending December 9, 2012 d. Weekly Report Ending December 16, 2012 e. Weekly Report Ending December 23, 2012 f. Weekly Report Ending December 30, 2012 Civil Service Commission Open Session January 22, 2013 Page 3 SUBJECT DISCUSSION ACTION Asked about a notation on the December 2 report concerning mediation for EEOC complaints, Mr. Fernandez said EEOC (Equal Employment Opportunity Commission) will contact DPS on certain cases where they see it can be resolved by mediation to ask if the County wants to sit down and talk. The attorneys are the ones to sit down and talk with the other party. Attorney Guyot said each case is different based on the facts and circumstances of each particular claim. An investigation is done at some level whether the division level or the department head level because it can be tied into employment matters within the CBA(Collective Bargaining Agreement), although it is an EEOC complaint, it may fall back to that. Also, the departments are typically closest to the situation. Other times outside investigators are used depending on what is called for. If the opportunity is afforded by the EEOC or Hawaii Civil Rights Commission, DPS looks at trying to do mediation. Sometimes the other parties are completely against it or it may be deemed not beneficial to mediate. Ms. Aranio moved to receive the Director's Depending on the situation you may have to proceed with the agency Reports. Mr. Morita seconded the motion. investigation. Motion carried 4:0 Executive Mr. Fernandez was invited to remain for a Session portion of the Executive Session and he elected to continue with a closed session. Attorney Guyot read the Hawaii Revised Statutes provision as outlined on the agenda to take the Commission into Executive Session for consideration of ES-01 and ES-23: CSC 2012-21 as listed. Ms. Aranio moved to go into Executive Session at 3:25 p.m. Mr. Morita seconded the motion. Civil Service Commission Open Session January 22, 2013 Page 4 SUBJECT DISCUSSION ACTION Motion carried 4:0 Return to Open The meeting resumed in Open Session at 4:45 Session p.m. Chair Adams stated that in Executive Session a motion was made to offer Director Fernandez the opportunity to resign or he would be immediately terminated. Mr. Fernandez chose to be immediately terminated. The vote was unanimous by the 4 members present. Recess Meeting recessed at 4:46 p.m. Meeting resumed at 4:50 p.m. with Managing Director Gary Heu present. Executive Ms. Aranio moved to go into an unexpected Session Executive Session at 4:51 p.m. as a result of the discussions with the Director of Personnel Services and in order to deal with the Commission's and the County's duties, liabilities, obligations and responsibilities. Mr. Morita seconded the motion. Motion carried 4:0 Return to Open The meeting resumed in Open Session at 5:32 Session p.m. Chair Adams requested the motion from Executive Session be read into the record. Ms. Davis stated that the Commission requests the Mayor's Office, during the interim period of finding a new Director, to assist in providing management and oversight to the Department of Personnel Services. The motion was seconded and carried with a vote of 4:0. To assist with the hiring process, Mr. Morita asked Mr. Heu if the Commission could get an update of the duties and responsibilities for the position of the Director of Personnel Services. Mr. Heu said he would work with the Department to provide the requested update. Ms. Aranio asked what the next step would be to start the recruitment Civil Service Commission Open Session January 22, 2013 Page 5 SUBJECT DISCUSSION ACTION process. Attorney Guyot said that would be the discussion for the next meeting. The Commission determined it would be best to schedule a special meeting to start the recruitment process rather than wait for the regularly scheduled meeting in one month. Ms. Aranio requested the meeting be scheduled before the 8th of February if possible. Suggested dates are Tuesday, Mr. Heu exited the meeting at 5:38 p.m. Wednesday or Friday of the following week. Staff will check meeting room availability and schedules for January 29, 3:30 p.m. and notify the Commissioners forthwith. Ms. Aranio said at the special meeting the Commission should finalize the updated job description, determine the requirements for the posting and get the position posted. Announcements Next Regular Meeting: Tuesday, February 26, 2013 at 3:00 p.m. Adjournment Mr. Morita moved to adjourn the meeting at 5:42 p.m. Ms. Aranio seconded the motion. Motion carried 4:0 Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Catherine Adams, Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting.