Loading...
HomeMy WebLinkAbout2013_0924_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as amended 10/22/13 Board/Committee: CIVIL SERVICE COMMISSION Meeting Date I September 24, 2013 Location Mo'ikeha Building, Liquor Control Commission, Meeting Room Start of Meeting: 3:00 p.m. End of Meeting: 3:48 p.m. 3 Present Chair Cathy Adams; Vice-Chair John Low. Members: Lath Aranio; Richard Jose; Karen Matsumoto; Roy Morita Also: Deputy County Attorney Marc Guyot; Personnel Services Manager Thomas Takatsuki; Boards & Commissions Office Staff Support Clerk Barbara Davis; Administrative Aide Teresa Tamura; Personnel Services Manager Thomas Takatsuki; HR Specialist Janine Rapozo Excused Member: Gilbert Maerina Absent SUBJECT DISCUSSION ACTION Call To Chair Adams called the meeting to order at 3:00 Order/Roll Call p.m. with 6 members present Approval of Open Session Minutes of August 27, 2013 Ms. Aranio moved to approve the minutes as Minutes circulated. Mr. Morita seconded the motion. Motion carried 6:0 Business CSC 2012-29 Implementation of the Human Resources Department (Ongoing b. Update from the Director of Personnel Services on the Transition Plan for the Implementation of the Human Resources Department (On-going l Mr. Takatsuki said they have completed the recruitment and examination meetings with all the departments and agencies. The next step in that process will be to update the departments on the classification and pay section. These meetings are basically held with the department heads, deputies, and appropriate staff There will be a meeting to recap the recruitment and exam process to determine what needs to be followed up on based on the meetings with the departments. Chair Adams asked for the status on the files from the Prosecutor's Office and Civil Service Commission Open Session September 24, 2013 Page 2 SUBJECT DISCUSSION ACTION the Water Department. Mr. Takatsuki advised the Commission that the Department will be working on getting the HRIS back on track now that the Deputy Director of Finance is back to work. With reference to the Water Department, Ms. Rapozo met with David Craddick, Manager and their HR Specialist Debra Peay who questioned what benefit they would gain by bringing over the personnel files. Ms. Rapozo explained that was not the reason they were meeting; the reason was how to get the files moved over. Ms. Rapozo told Mr. Craddick and Ms. Peay that it was agreed they would bring over the medical files; they will make minor files for their office, and they will turn over the files. In turn, when there are new hires DPS will make copies of their personnel records for the Water Department. Ms. Rapozo then followed that meeting up with an email but that is not what came back from the Manager. He said they would do the medical files, but the personnel files were still in question and he still wants to know what they will gain from it. Mr. Morita asked if the Commission could request a response to the memo sent to the Board of Water. Chair Adams stated that Mr. Nishimura told her the Board is putting together a response as a result of their last Board meeting. She was under the impression that the Department was supposed to be turning over their records, but she has not received that letter to know exactly what it says. Mr. Takatsuki said they have not heard anything from the Board or Mr. Craddick. Ms. Rapozo said her last email to the Manager warned him that the official files are with DPS, and if they are not turned over he may be jeopardizing any grievances with the union if they ask for the official personnel files; there has been no response to that email. Chair Adams suggested the Commission wait to see what response comes from the Board of Water and from there determine what needs to be done. A. Low agreed to wait for the response but not forever; if nothing is received by the next meeting the Commission should write a letter of concern to the County Attorney asking if we are following what we are supposed to follow legally. Civil Service Commission Open Session September 24, 2013 Page 3 SUBJECT DISCUSSION ACTION Attorney Guyot said this is more of an internal issue than a legal one. The only significant legal part is what Ms. Rapozo stated about the official files being held at DPS. Should there be a grievance, it puts the County in a very precarious position as there can only be one official file. Perhaps the Commission might want to consider a short follow up letter indicating that as of this date you have not received any files, and ask for a response as soon as possible. It is possible that this issue may have just missed the cut-off date for the agenda. Mr. Low said that is why he suggested waiting one more meeting, but then it has been a year. By not doing anything about this, Mr. Low asked if the Commission was putting the County in any type of liability in terms of those employees if something comes up and their files are not available. Ms. Matsumoto said H.R.S. §76-28 gives the Director of Personnel Services the authority over the forms regarding employment and the Director is designating the department heads to be the appointing authority but that can be taken away by the Director. Ms. Matsumoto said that is why she is not clear why it is not a legal thing when the H.R.S. supports the Director on this by law. She further asked why the department head is not complying with what the Director has stated. If one department head does this what will stop the rest of them from doing it in a different way. Attorney Guyot said that is another legal aspect they could look at in that context. It is an internal situation but there is that legal component. This Commission's Chair has been in contact with the Boards's Chair. The Mayor has been in contact with him so things are happening. Ms. Aramo said if they do send another letter she suggests it be stronger with "teeth" so it is a clear message; it is final and there is support behind it. The going back and forth, dragging it out, and changing his mind without there being consequences is disrespectful and unprofessional. If the H.R.S. can Civil Service Commission Open Session September 24, 2013 Page 4 SUBJECT DISCUSSION ACTION support the Commission's action that is what she proposes they do when they send the next letter. Asked who Mr. Craddick reports to the response was the Board of Water and the Mayor to which Ms. Matsumoto added that the Department is not autonomous, it is semi-autonomous. Attorney Guyot advised the Commission that pursuant to H.R.S. §76-28, at the direction of the Director of Personnel Services, the Commission is requesting these documents which is within their power. Chair Adams said that would be part of the letter that goes out if a response is not received. Mr. Morita concurred with his fellow Commissioners, but said if they are going to wait the one month he would like to request the Attorney's Office to research H.R.S. §76-28. Attorney Guyot said it did not need researching; it is within the power of the Director of Personnel Services to decide these things. Mr. Jose wanted to clarify that the DPS was requesting the documents to assist with doing their job. Mr. Takatsuki explained at one time DPS gave up the files to the departments, which was allowable under the Statute. Now the sub- committee's recommendation is that all personnel files and folders should come back to the Department of Personnel Services where it is supposed to be as part of the new HR. In 2012 a communication was sent requesting all personnel files come back to DPS as the keeper of these files. Chair Adams asked if a motion was needed to indicate the Commission would wait for a response from the Board of Water before addressing this formally. Mr. Low moved that if nothing is forthcoming, a communication should be sent saying that the Commission understands the Board of Water just recently met and a response is expected by the Commission's next meeting, otherwise further action will be taken to bring DOW into compliance. Mr. Morita seconded the motion. Motion carried 6:0 Civil Service Commission Open Session September 24, 2013 Page 5 SUBJECT DISCUSSION ACTION Mr. Takatsuki said they are getting the files from the Prosecutor's Office, but it is piecemeal. Ms. Matsumoto asked if the classification and pay meetings that will be held with the departments will include the organization and reorganizationpolicy and procedures. Mr. Takatsuki said they are looking at -I Deleted: of it, but they have not gone into the particulars. DPS has been working on the reorganization, but at the same time there are so many questions popping up in regard to the actual position description, but it is being worked on. CSC 2013-13 Update on Act 208 as relates to the County of Kauai Park Security Officers (On-goingl A. Takatsuki was in touch with the Director of Parks and Recreation who said he said he was not planning to take any action at this time. Secondly, he stated that he did request that the County Attorney's Office provide an interpretation, which was verbal, but he wants something in writing. He also indicated he is willing to appear before this Commission to explain his position and answer any questions. Ms. Aranio said the resorts have also been dealing with this, and it is their understanding that the law is very explicit in the requirements of anyone who performs functions or duties as described within the law as a security officer is required to apply for the guard card. The State DCCA (Department of Commerce and Consumer Affairs) is backlogged, and the resorts are still waiting for cards and approvals, but the application process needed to be done which includes the 8 hours of classroom training, the FBI fingerprinting and then submitting the application directly to DCCA. A. Takatsuki said they did meet with KCC to find out if there were any classes being given that these individuals could attend. There were classes scheduled in August that they could take so they can at least qualify; the rest is the background checks that are required. Because of the time frame they were not able to get into the first set of trainings, and have not done any of the Civil Service Commission Open Session September 24, 2013 Page 6 SUBJECT DISCUSSION ACTION application work at this time. A. Low asked if there had been any action or response from the federal agencies that would be affected by this such as the military bases. Attorney Guyot said they apparently have made no noise about this whatsoever. Ms. Aramo said the resort industry was with the counties in this because they already provide training. She said things were included in this law that they have already been doing, in addition to their LPOs (Loss Prevention Officers) being certified so they are able to provide the training for the resort teams. Ms. Matsumoto said the County is only looking at the one department, but it is affecting lots of businesses and people on Kauai. Attorney Guyot said the Police Chief has been in favor of this from the beginning; he did not want to exclude state, county or federal departments from it. There is some legal concern that the DCCA, which oversees guards and private investigators, protects the public from the misdeeds of businesses. Government is not defined as a business so should they even be allowed to make rules for them. Unfort unately all the other counties, state and federal seem to think so. Another interesting aspect is the sanctions that can be given do not affect state, county or federal agencies. Chair Adam asked if this could increase the County's liability if someone claimed its people were not properly trained, even though there are no fines or penalties. Attorney Guyot said most likely not, but the County is responsible for the action of its employees. Mr. Morita said the Charter does not allow the Commissions to get involved in the day to day operations. If this were a complaint or an appeal before the Commission that could be discussed he would be more inclined to ask questions. In this case, is the Commission getting involved in the day to day operations of a department? Attorney Guyot said to a certain degree they are Civil Service Commission Open Session September 24, 2013 Page 7 SUBJECT DISCUSSION ACTION discussing Parks and Recreation, which normally would be beyond the Commission's reach, except for the fact that there is an implication on some of the County employees even though there is not a current matter before this Commission relating to such an incident. Mr. Low said he understood the need for guard cards for both government and private, but the functions are different and he is not convinced that one overall training class or program covers everyone. Government should train their own people and private industry should train their people because they are looking at different issues. Attorney Guyot said that was right; it is a broadly written rule and in most ways does not apply to our Park Security/Permit Officers. Basically the majority of their job is to confirm that park permits are valid for people who are camping and using our parks; otherwise it is just observe and report. For their own protection and reporting purposes they have access to a police radio and carry a badge so that starts to give people the impression that is what they do. Chair Adams said if there is no real clear understanding of a penalty and no increased liability then the Parks and Rec Department has to make its own decision and this Commission should not be involved. Director's CSC 2013-15 a. Weekly Report Ending August 15, 2013 Report b. Weekly Report Ending August 23, 2013 c. Weekly Report Ending August 30, 2013 d. Weekly Report Ending September 6, 2013 Chair Adams asked for an explanation of what Rank for Rank stands for. Mr. Takatsuki said that concept belongs to Firefighters Bargaining Unit 11 . Rank for Rank applies to vacation in which only the same rank can take their place on an overtime basis. Firefighters are on a 24 hour basis so a captain has to replace a captain; a Firefighter III has to replace another Firefighter III. Civil Service Commission Open Session September 24, 2013 Page 8 SUBJECT DISCUSSION ACTION Ms. Aranio asked about the exit interviews. Mr. Takatsuki said the County has always had an exit interview process, but it has always been a hit and miss situation. When a person was retiring or leaving the County by the time the Department notified DPS or the payroll certification was received that person most likely had already left. Now that Ms. Ponce works directly with the departments and agencies, she is receiving that notification and can get the employee to come in and complete the process. We are now catching 90% to 100% of the individuals that are leaving. Ms. Aranio moved to receive the Director's Reports. Mr. Jose seconded the motion. Motion carried 6:0 Mr. Morita asked to include an Executive Session item for October to include the evaluation, hiring and promotion of personnel positions within DPS. ES-01 2 Executive Session Minutes of August 27, 2013 Ms. Aranio moved to approve the minutes as circulated. Mr. Low seconded the motion. Motion carried 6:0 Announcements Next Meeting: Tuesday, October 22, 2013 At 3:00 p.m. Adjournment Mr. Morita moved to adjourn the meeting at 3:48 p.m. Ms. Aranio seconded the motion. Motion carried 6:0 Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Catherine Adams, Chair O Approved as is. O Approved with amendments. See minutes of meeting.