HomeMy WebLinkAbout2014_0915_Minutes Open_APPROVED COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as circulated 11/10/14
Board/Committee : SALARY COMMISSION Meeting Date September 15, 2014
Location Mo 'ikeha Building, Meeting Room 2A/213 Start of Meeting: 10 : 30 a.m. End of Meeting : 1 : 21 p .m.
Present Chair Michael Machado; Vice Chair Randy Finlay. Members : Charles King; Sheri Kunioka-Volz; Cammie Matsumoto; Lenie
Nishihira ( 10 : 37 a.m.); Jo Ann Shimamoto
Also : Deputy County Attorney Mona Clark; Boards & Commissions Office Staff. Support Clerk Barbara Davis, Administrator Paula
Morikami, Administrative Aide Teresa Tamura
Testifiers : Director of Finance Steve Hunt; Prosecuting Attorney Justin Kollar; Fire Chief Robert Westerman; Acting Personnel
Services Manager Thomas Takatsuki; Civil Service Commission Chair John Low; Civil Service Commission Vice Chair Roy Morita;
Audience Member Robert Smith
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Machado called the meeting to order at
10 : 30 a.m. with 6 members present
Approval of Open Session Minutes of July 7, 2014 Mr. Finlay moved to approve the minutes as
Minutes circulated. Mr. King seconded the motion.
Motion carried 6 : 0
Chair Machado suspended the rules to accommodate Finance Director
Steve Hunt' s schedule in order that he could present the fiscal outlook for
the County as requested by the Commission.
Steve Hunt, Director of Finance — Mr. Hunt was asked to appear before the
Commission to explain where the County anticipates revenues and
expenses to be heading into the next fiscal year. Mr. Hunt discussed the
deficit funding that has gone on for a number of years, the County' s efforts
to slow the rate of decline as it heads towards a more stable budget, and
that it is looking to get there within the next one to two fiscal years. This
year under a flat budget, the County is looking at potentially between $8
and $9 million in new expenditures related to staffing; about $4 million of
that is collective bargaining as part of a four year agreement. The Count
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is facing new collective bargaining agreements in FY 2016, which could
amount to a $6 million funding deficit. There are grant funded positions
throughout the County, and some are running out of grant funding in which
potentially there will be an "ask of the general fund" to pick up some of the
expenditure for those employees . The COPS grant, through the Police
Department, added a new beat of 6 officers, which will mostly be used in
the first year; as that grant runs out the County' s general fund will have to
pick up the cost of those officers for three more years. In totality, we are
looking at between $8 and $9 million for those expenditures in the next
fiscal year. The operating budget currently is roughly $ 181 million of
which salaries are about 63 percent. Mr. Finlay noted the brightest outlook
would be for an increase in revenue, which would primarily come from
increased property values . Mr. Hunt said it could be looked at in two
segments of which one would be appreciation although the information
right now looks more like a flat market. With growth in the base as new
homes and as subdivisions add to the inventory, it could potentially raise
the base of the taxes along with appreciation . Mr. Hunt stated that where
the County is financially should not be reflective of the Salary
Commission' s decisions on executive salaries . Whether or not the County
elects to go up to those levels will be a financial decision; the decision as
to what those levels should be is within the Commission ' s kuleana. Mr.
Hunt further expounded on some of the cost cutting measures the County
has and will be implementing.
Communications SC 2014-02 Letter dated 6/ 16/ 14 from the Prosecutor' s Office
requesting consideration of pay increases for the Prosecutor, First Deputy
Attorney and all Deputy Attorneys received 7/7/ 14; on-going) Mr. Finlay moved to receive the communication.
Ms. Shimamoto seconded the motion. Motion
carried 7 : 0
Justin Kollar, Prosecuting Attorney — (PowerPoint presentation on file)
Mr. Kollar explained the mission of the Prosecuting Attorney ' s Office, the
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structure of his office staffing along with their various duties within the
judiciary system. He further pointed out the extensive educational
requirements, relocation, and costs involved with being an attorney, the
discrepancy in the hourly rate of pay between the private sector and a
deputy prosecuting attorney as well as a comparison of government pay
rates between the various islands. To gain parity, with Maui cited as a
comparable agency, proposed maximums would be $ 127,059 (currently
$ 114,848) for the prosecuting attorney; $ 113 , 154 (currently $ 105,660) for
the first deputy prosecuting attorney; $ 109,759 (currently $ 101 ,066) for
deputy prosecuting attorneys; $ 114, 154 for senior deputy prosecuting
attorneys. Mr. Kollar said that all attorneys are not necessarily at the
maximum salary cap, and explained a proposed step rate of pay based on
number of years, experience, and merit as an attorney. Mr. Kollar noted
that approximately 20% of the attorney staff is funded by grants, which
historically seems to be fairly stable, but there are no guarantees .
SC 2014-01 Letter dated 6/10/14 from the Kauai Police Department
requesting correction to the pay inversion for the Chief and Deputes
of Police (received 7/7/ 14; on-going) Mr. Finlay moved to receive the communication.
Mr. King seconded the motion. Motion carried
Robert Westerman, Fire Chief — This agenda item is more in line with the 7 : 0
Fire Department in comparisons because of the inversions . Chief
Westerman explained his department does not have assistant chiefs, which
means the deputy and the chief have more work to do. One of the
problems with pay inversions is 21 of the Kauai firefighters make a higher
wage salary than the chief, 32 make a higher wage salary at the end of the
year than the deputy chief. This inversion affects all members of the
department as well as the Fire Commission when it comes time to find a
replacement for the chief. This kind of inversion in salaries makes it
extremely difficult to get members of the Fire Department to want to be
chief along with all the responsibilities of that position, but do it for
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$30,000 to $40,000 less than what they are making. Every profession has
its costs to achieve a higher position, but it is with the hope that as one
moves along in their career they will recoup some of those costs. Salary
inversion should not be an administrative decision; it should be the Salary
Commission ' s decision, and to understand what it takes to be at the top of
our profession. The challenge is to find a way to create a succession plan
so that the next chief can come from within our own ranks, but without the
salary why would they want to step up . Asked to explain the salary of a
captain as opposed to the deputy, Chief Westerman said the senior captain
in the Fire Department will make $ 147,000 to include guaranteed overtime
for holidays and rank-for-rank. Because of the fluctuation in how a
firefighter' s pay is calculated what figure would the Commission us to
determine what is fair and 10% above the highest salary. Police do not
have as many pay variables as Fire so their salary inversion might be more
stable.
Recess The meeting was recessed at 11 :45 a.m. and
called back to order at 11 : 55 a.m.
SC 2014-03 Memo dated 6/25/ 14 from the Civil Service Commission
requesting consideration of a pay increase for the Director of DPS/HR in
light of the expanded responsibilities for the position (received 7/7/14; on-
going)
a. Human Resources Taskforce Report on Findings and
Recommendations, May 22, 2012
Mr. Finlay moved to receive the communication .
Mr. King seconded the motion. Motion carried
7 : 0
John Low, Chair, Civil Service Commission — The process of transitioning
from the Department of Personnel Services to the Department of Human
Resources, based on the findings of the Human Resources Taskforce two
ears ago, has been going on for some time. The recommendations were
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approved by the Mayor and the County Council, and the Civil Service
Commission was charged with implementing the recommendations in the
report. While the Commission agrees with the recommendations, the two
greatest factors for success for bringing the department into full
compliance is to become fully automated, which they still are not and has
been a challenge. Secondly the Commission needs to provide the
department with a strong director, who has strong leadership qualities and
excellent communication skills because as a full Human Resources
Department they will have to help out every County department on a daily
basis as well as each and every employee. The Department has taken over
the County' s payroll, worker' s comp, and several other functions that were
being done within the individual departments. The Commission is asking
that the salary cap be raised for the director' s position, and while not
saying we want to hire a new director at the top step a salary is needed that
will bring in viable candidates . Asked if there was a reduction in the
number of employees in other departments, Mr. Low said people were
reassigned, it eliminated duplication of work, and freed staff up to do other
tasks. Mr. Takatsuki further explained the move of personnel from their
departments into the HR department. Mr. Low said the bottom line is the
department went from 8 to 18 employees; there were no new positions
created. Mr. Low further pointed out that it was an expanded department,
and while not a huge department its responsibilities are huge. Asked if the
Commission had a recommendation, Mr. Low said they did not have a
dollar figure, but looking at the comparisons of other islands Maui ' s
director is almost $ 114,000 . Questioned whether there are two tiers within
the salary structure, Ms . Morikami referred to the Resolution dated March
1 , 2012, in which the maximum for certain department heads is $ 107,335
with the next level at $ 103 ,041 ; those are the two levels that were referred
to. Asked how many employees HR takes care of, Mr. Takatsuki said they
service 1 ,200 to 1 ,300 County employees . Mr. King questioned the
allocation of functions by County shown in the TaskForce report in which
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Kauai performed the fewest functions with Hawaii doing the most, yet it
appears that Hawai ` i' s HR position is compensated the least of any of the
islands. Mr. Low pointed out that the TaskForce report reflects what was
going on at that time; we are continuing to increase the services that the
department provides such as all the training, except the specialized training
that needs to be done in certain areas . Mr. Takatsuki said all functions
would now be checked except the Disability Act,
Business SC 2014-04 Information atg hering, review, discussion and possible
decision-making with regard to establishing salaries for the fiscal year
2015/2016 for Councilmembers and all officers and employees included in
Section 3 -2 . 1 of the Kauai County Code (on-going)
a. Comparison of executive pay rates for counties; Comparison of
County Department Data and Resident Population FY 2013 -2014
b. Inversion chart of Department/Deputy Department Heads versus
highest Civil Service employee
C. Resolution 2012- 1 ; Resolution 2012-2 ; Resolution 2012-3 ;
Resolution 2013 - 1 ; Resolution 2013 -2
Robert Smith, Audience Member — (Testimony on file) Following a brief
background of himself, Mr. Smith felt there was a serious inequity in the
compensation for key employees in the County. Testimony compared the
Chief Engineer of Public Works position with that of Tehama County in
California in which the salary for that position is $ 125, 156 with no cap. Mr.
Smith said it is disconcerting that civil service people earn more than the chief
engineer, and offered suggestions on how to correct the inequity. Mr. Smith
offered to find out what Tehama County ' s annual operating budget is, and
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provide the information to the Commission.
Roy Morita, Vice-Chair, Civil Service Commission — The Commission ' s
memo, regarding the Director of Personnel Services, was not specific to a
dollar amount, but would like the Salary Commission to consider elevating it
to the higher salary such as Parks and Recreation based on the amount of
responsibilities added to the position. Mr. Finlay recapped that the request is
that the Director of Human Resources should be on par with the position
similar to the Director of Parks and Recreation to which Mr. Morita
responded that was correct.
Chair Machado noted the Commission would not be taking any formal action
on this agenda item today.
Mr. Finlay said of the 3 issues brought forward today the easiest was the
Director of Personnel, and when action is taken it would be very easy to
equate that position to the same salary as the Director of Parks and
Recreation. The bigger challenge is how to address the other issues. With the
inversion issues it was thought that was resolved last year, but it appears we
still have those problems. A suggestion would be to adjust some of the
salaries similar to Maui . Mr. King reminded the Commissioners that they
were only setting a maximum range, and it would be the Police Commission
or the Fire Commission that sets the salary to which Mr. Finlay said it would
be up to them to work within their budget. Ms. Matsumoto noted there is a
need to compensate people fairly, and to establish a system for that because
there is a discrepancy. Mr. Finlay said even if they did raise to Maui ' s levels
there would still be inversions; it is not a complete solution, but it does close
some gaps .
Ms. Shimamoto asked for clarification that the last time the department heads
received a raise was 2008, except for the Prosecuting Attorney in 2009, and
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Fire and Police in 2012 to which the response was yes. BUs (Bargaining
Units) 1 , 2, 3 , 4, 11 , 12, and 13 recently all received increases; prior to that
was 2008 or 2009. Ms . Kunioka-Volz suggested 2008 thinking that furloughs
began in 2009 . Mr. King said the reason the department heads did not get an
increase for the last few cycles was at the request of the Administration.
Mr. Finlay said in 2007 significant raises were proposed, which never
happened, and now they are in arrears to make salary adjustments. Mr. Finlay
said using Maui as a baseline with a few tweaks might be a way to put a brand
new Resolution forward that would clean up most of the disparities . Ms .
Nishihira suggested they look at all of the positions this Commission takes
care of and set caps, and not do it piece by piece, which makes it confusing.
Ms. Kunioka-Volz thought it would be interesting to see if the inversion is
occurring at the same percentage rate on the other islands.
The question posed was if the Commission was going to take any action or
just make recommendations for the Staff to work on something to present
back to the Commission. Mr. King asked if they wanted to setup a sub-
committee to which Mr. Finlay volunteered to be on the sub-committee. Staff
advised the Commission on the Sunshine Laws governing PIGS (Permitted
Interaction Group), which requires a Resolution be adopted laying out the
scope and responsibilities . The PIG would present its report to the full
Commission at a duly noticed meeting; discussion and further action would
take place at a subsequent duly noticed meeting. Mr. Finlay said Resolution
2012- 1 is the history of salaries on Kaua'i, and in 2007 the salaries were so
low that something had to be done so stepped raises were proposed for a three
year period. Mr. King added that it was also to correct inversions in the
system.
Mr. Finlay proposed using the Maui salaries less 5% because we are a smaller
county, and exceptions to the rule can be made one-by-one. There will still
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be some inversions, but it will be a lot more competitive salary rate than the
County currently has. Mr. Finlay thought the Big Island, like Kauai, was
way behind, and that Oahu is not comparable, which is why he suggested
using the Maui rates . Asked why not adopt the salaries reflected on the
Resolution, Mr. Finlay thought they were already obsolete. Ms. Nishihira
said the salaries on the Resolution were in-between Maui and the existing
Kauai rates except for Fire and Police. Mr. Finlay noted they could do a step
Resolution using the 2013 figures for next year, and the Maui version for the
year after that. Asked why the Deputy County Attorney reflects "up to" while
all other positions have a figure, and should they also be noted "up to" to
which Ms. Morikami noted the language in the Resolution states they are
maximum salaries . When this was done in 2007 that was not the case so the
"up to" language will be removed when the Commission does the new
Resolution. Mr. Finlay said a new 2014-01 Resolution is needed that starts
everything new, and it could just be they adopt the salaries promised seven
years ago or use Maui salaries less 5%. Mr. King said both ideas sounded
good, but he would like to see them on paper. It was determined that
following this discussion a PIG was not necessary, and perhaps Staff could
put together something for the Commission to review. A suggestion was to
have Finance do a projection of what this situation will put the County
finances in . Because these are salary caps it does not mean the County
administrators have to give anyone a raise; that is their decision to make and
this only makes it so they can do their job. A reminder was given that this is
simply a Resolution that will be proposed to the County Council, and they
will act on it or not. Ms. Morikami pointed out that when this Resolution was
done in 2007 the County was so far behind everyone else, which is why they
received the max. In speaking to Administration they will be doing
evaluations on each position, each person, and the caps will not be automatic.
Mr. King said the one salary that would be a set max would be the Mayor to
which Ms. Morikami said yes. Ms . Morikami pointed out that the Charter
does say that the Mayor can take a lower salary if he so chooses .
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Staff to provide a comparison using the 7/1 / 13 wage cap with adjustments
made to Police, Fire and Personnel as discussed, and to include the Maui
rates . Along with that Staff to provide a draft of the new Resolution 2014-01 ,
which also reflects uniform, cell phone, and other incidentals. Ms. Morikami
requested the Attorney' s Office help to draft the Resolution, which has to
incorporate the previous 5 Resolutions. Ms. Nishihira asked for an exhibit
showing the current salaries and the percentage increase. Ms . Morikami
suggested that the Resolution not have any salaries but attach a separate page
that the Commission can incorporate into that last column. Mr. King moved to defer SC 2014-04 . Mr.
Finlay seconded the motion. Motion carried 7 : 0
Next Meeting Monday, November 10, 2014, 10 : 30 a.m. ; Meeting Room 2 A/B
Adjournment Chair Machado adjourned the meeting at 1 :21
p.m.
Submitted by: Reviewed and Approved by:
Barbara Davis, Support Clerk Michael Machado, Chair
O Approved as circulated.
( ) Approved with amendments . See minutes of meeting.