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
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Open Session
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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
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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.
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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
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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.