HomeMy WebLinkAbout2015_1118_Minutes Open_APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as circulated 1/8/16
Board /Committee:
SALARY COMMISSION
Meeting Date
November 18, 2015
Location
Mo'ikeha Building, Meeting Room 2A /213
Start of Meeting: 9:00 a.m.
End of Meeting: 10:55 a.m.
Present
Chair Charles King; Vice Chair Sheri Kunioka -Volz (9:04 a.m.). Members: Robert Crowell; Michael Machado; Cammie Matsumoto;
Lenie Nishihira (9:05 a.m.); Jo Ann Shimamoto
Also: Deputy County Attorney Matt Bracken; Boards & Commissions Office Staff. Support Clerk Barbara Davis, Administrator Jay
Furfaro
Excused
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair King called the meeting to order at 9:00
a.m. with 5 members present
Approval of
Minutes
Open Session Minutes of October 5, 2015
Chair King noted on Page 12, last sentence, it was never his intention to
draw up a Resolution but rather to start a Preamble for the Commission's
editing.
Ms. Matsumoto moved to approve the minutes
as amended. Ms. Shimamoto seconded the
motion. Motion carried 5:0
Business
SC 2015 -02 Information gathering, review, discussion and possible
decision - making with regard to establishing the maximum cap for salaries
for the fiscal year 2016/2017 for Councilmembers and all officers and
employees included in Section 3 -2.1 of the Kauai County Code (On- going)
a. Communication received 1114115 from Michael Dahilig, Director of
Planning, supporting the Salary Commission's efforts for Potential Salary
Increases for Appointed Executives to assist the County in recruiting and
retaining g�uality leadership
b. Memorandum dated 10/25/15 from Janine Rapozo, Director of
Human Resources, outlining the shift in staffing levels from a Personnel
Department to a Department of Human Resources
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C. Salary summary by position from Chair King, 10/23/15, and 2015
Recommendations /Justification
d. Salary summary indicating 4 tier level from Administrator Furfaro
e. Review of Draft Resolution 2014 -1 rejected by the County Council
on January 7, 2015
f. Resolution 2012 -1; Resolution 2012 -2; Resolution 2012 -3;
Resolution 2013 -1; Resolution 2013 -2 as relates to the salaries of County
officers and employees
The Commission had no comments regarding the communications from Mr.
Dahilig or Ms. Rapozo.
Chair King explained he took out the different positions from the neighbor
islands on the revised Salary Summary (purple sheet) in the meeting packet.
He explained it wasn't that they shouldn't look at all those positions it was
just that this was easier as a whole to look at the County administrative
structure. Chair King added an extra column to indicate the percentage of
separation, in terms of the new salary, between a deputy and a director in
the department. Chair King said he also worked on a preamble of a cover
letter to send to the Council with whatever recommendation they come up
with. Chair King stated there were variances beyond the 11.2% that he
could not totally explain so he stopped trying to explain the different
variances in the salary recommendations. A lot of those salary
recommendations came through the Administration and can be changed, but
Chair King needs to know if they are going to go with the 11.2% or 11.7%
and why. The Mayor was being increased to the lowest paid mayoral
position. The Prosecuting Attorney was a lower increase and was in line
with the County Attorneys because of the out of line increase in a prior
year. That is where Chair King stopped because he could not say why the
Director of Finance was being recommended for a larger increase.
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Ms. Shimamoto distributed a worksheet she put together as a visual aid.
They had talked about moving the tiers and it looks like it is going from 5
tiers to 4 tiers with some people moving up. Human Resources has not yet
moved up to tier 2. Ms. Shimamoto pointed out that the Deputy Planning
Director is missing on the list. Chair King suggested maybe that position
did not come under the purview of the Commission to which Mr. Furfaro
clarified that position will soon be as that position will be leaving the
bargaining unit section. Ms. Shimamoto pointed out that position was
included in the Resolution of 2012 and 2014.
Mr. Machado questioned the overall percentage increase of 11.2% and
asked if the Chair knew what the percentage increase on the last Resolution
was that was rejected noting that the 11.2% appears to be a big jump. The
negotiations Mr. Machado deals with now, the increases run anywhere from
2% to 4% but they are on a yearly basis. The 11.2% will stand up as a red
flag. Chair King agreed noting however it had been 5 years since the last
increase. Ms. Matsumoto asked that they be sure to explain that (in the
overview to Council). Ms. Nishihira suggested adding another column
showing the average annual increase for those who might not otherwise
understand. Mr. Machado said people still might not realize staff had not
received any increases in 5 years. Chair King said he did explain what the
accumulated CPI increases had been, which is what the Commission is
going by, and they are just getting it back up to where it should be.
Ms. Shimamoto said they are looking at the salary for each position, but if
they change the tiers wouldn't that automatically give them a raise. Chair
King said if they are changing the tier presumably they are acknowledging
— such as Personnel which seems to be one they are looking at most —
Personnel going from having 9 people to having 18 people. There should
be an increase for the increase in responsibility. Ms. Kunioka -Volz asked if
there was written criteria regarding how the tiers were determined, and who
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should be placed in what tier based on licensing, size of department and
how does the Commission justify how each position is in the tier. Chair
King asked Mr. Furfaro to address the question.
Mr. Furfaro pointed out in answer to Mr. Machado's question, if you look at
the deputy prosecuting attorney and the prosecuting attorney their
percentages are at 3.9 %, remembering over a period of time a great number
of department heads did not get bumped in their salary grade for almost 5
years. The prosecuting attorney's office did get reevaluated, the council did
get increases and the particulars are that everyone was attempting to make
up the 5 year CPI for the State of Hawaii. In discussion of HR and moving
them up a tier at the same time you have the Director of Elderly Affairs and
Transportation, which are currently positions not in the salary grid. These
individuals are anticipating retirement from Civil Service so those are new
elevations to those tiers. It is driven somewhat on supervisory roles and the
number of people they oversee, the sensitivity issues dealing with health
and wellness with the Elderly Affairs. There is coordinated effort with the
health and wellness facilities, so they were moved into tier 4 as they leave
the Civil Service area, which is the same case with the assistant planning
director. Those are some of the positions that are exceptions in the layout.
Also our legal department did not get an increase for 5 years yet the
prosecuting attorney's office did; that is why those comparisons are 11.2%
compared to 3.9 %.
Ms. Matsumoto asked if language saying something about the tiers would
be important in communicating that the tiers existed and were developed
over time. It would be helpful if they did not think it was this Commission
that put it together. Chair King said in moving it from 5 tiers to 4 just
makes it simpler. Mr. Furfaro said there is a certain amount of
comparisons, especially staffing responsibilities, financial responsibilities,
and legal responsibilities. Mr. Furfaro said the difficulty of dealing with
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the inversion in areas like the police department with the ranking
supervisors that have a base are earning almost equal to that in the overtime
compensation and puts them at a higher rate than the chief. Ms. Kumoka-
Volz said that almost seems like a self - inflicting wound. Mr. Furfaro said
they would probably need to address that in some narrative and they also
have retention pointing out that the Housing Director just left last week
based probably on the earning power, the qualifications and the focus on
housing. It goes to fundamental fairness; if people go 5 years without an
increase and were earning $100,000 they are now earning $89,000
compared to what they were 5 years ago in the Cost of Living Index. Asked
if he had looked into the Water Department and the licensing, Mr. Furfaro
said Mr. Dill has just returned from an absence of two weeks and they will
be meeting to go through that.
Ms. Shimamoto questioned when and by whom the tiers were developed as
those questions may arise with a change in the proposed tiers. Chair King
recalls there always seemed to be salaries of different levels, but not
referred to as tiers although it looked like they were tiers. Ms. Kunioka-
Volz thought it would be interesting to see how many tiers the other
counties use. Mr. Furfaro said they have some of that information and can
redistribute it at the next meeting. The difficulty is in comparing the scopes
of the positions. Mr. Crowell added if in fact they are considered tiers and
thought what happened was whoever took the positions by salary just called
it a tier, and did not think the other islands are considered tiers. They do
have positions that are similar in salary, but he does not know if they are
called tiers. Likewise he did not remember calling them tiers until just
recently, and it seem like they were put into tiers by the salary they were at.
Those that weren't tied in we called them Tier V. Chair King said it is not
a bad HR practice to have tiers whether they are called tiers or grades. Ms.
Shimamoto questioned the usage of salary range in Tier V to which Mr.
Furfaro said those people in those lower categories were not all at the high
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end of the tier, and were not paid what is equal to the cap based on their
past level of experience. On the new sheets the emphasis is on the
maximum range. He further pointed out there are two variances going on —
the cost of living index and the proposed consolidation of 5 tiers to 4.
Ms. Matsumoto said when it is explained to other people having them know
it is historical, we are also trying to keep it current, and it incorporates
different factors. Ms. Kumoka -Volz said she understands the current cap is
$98,748 on Tier 3, but Ms. Shimamoto thought it was $103,041 because 3
of the positions have that cap. If that is the cap people should have less
than $103,041, but there are 3 positions that exceed that cap. Chair King
said that could be a function of moving people up and down. In a
discussion of the difference in pay structure Ms. Shimamoto said the last
actual raises were in 2009 to which Mr. Furfaro said that was for the
Prosecutor, the Deputy Prosecutor, Councilmembers, and County Clerk.
Mr. Crowell added that the Police and Fire Chief and their deputies got a
bump in 2012. Chair King thought what they should be concerned with
now is that the current number is correct then decide what number they go
to. Ms. Nishihira was concerned with moving some of the last positions up,
which would result in a 16% increase in the cap. Mr. Furfaro thought
Administration's thinking was they are still subject to performance reviews.
Ms. Nishihira thought that was something the Council would look at. She
also understands when there is a change in job description that it would
justify a move to a higher tier. Mr. Furfaro said in the case of HR there is a
willingness to get a salary package passed, but there were certain
Councilmembers that did not support the fact that we structured the HR
Department in a much broader responsibility area, so that may be difficult.
At the same time with the two lower tiers there are position where people
are coming out of Civil Service, like Transportation and Elderly Affairs,
who did not appear previously, which might take them to a 16% increase.
That has to be explained.
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Chair King said with the 16% increases most of them are either levels of
education required or licensing except for the Deputy Director of Parks and
Rec and the Deputy County Clerk. Mr. Furfaro pointed out that the Deputy
County Clerk is someone who is very much involved in the financial
forecasting and budgeting and the gentleman we have right now has a
Masters in Finance or Accounting with the biggest single thing the Council
does is to pass the budget. Mr. Furfaro was not sure how to compare that
with the Deputy Director of Parks and Recreation; there will have to be
individual judgements. While there is discussion of 4 tiers, maybe we have
to go back to 5 tiers, which is this Commission's decision as you go through
this process. Mr. Furfaro explained the strengthening in areas such as
Transportation which is reflected in the proposed percentage increase.
There was also a question of whether the 6% proposed increase for the
Housing Director was too soft. Chair King said he was concerned with
moving Economic Development from Tier 3 to Tier 4.
Ms. Matsumoto said in looking at the 2 purple sheets, she does not see the
County Council listed. Mr. Furfaro explained the evolution of the colors for
the salary recommendation noting the most current "purple" sheet has two
dots at the top and does include the Council. Chair King said that is a
reminder of why is the Council Chair at 12.8% and the Members at 10.8°/x.
He recommended simply going to 11.2% which is what they have for
everyone else. Mr. Furfaro said in the earlier phases the Chair position was
lined up with the Chair of Maui County. Ms. Nishihira suggested leaving
them at 11.2% since they received raises more recently than other positions.
Ms. Matsumoto suggested in the presentation to Council that there are
visuals where they see all the positions and then one that is proposed. Chair
King said he would see the Resolution like the one that was rejected that
just lists what is proposed, but with exhibits or the cover letter /preamble.
Mr. Furfaro said he has the template from which they can show the
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comparisons they worked with and input the final numbers into the first
template. Ms. Matsumoto thought that might help explain the
Commission's process. Ms. Kunioka -Volz asked if the reason they are
trying to get the new positions on the tier levels is because of
reorganization. Mr. Furfaro said some of it is reorganization and the
Administration's focus on Transportation and the expanding services with
an aging populace when it comes to Elderly Affairs. Mr. Furfaro said
previously there was one department, Community Assistance, which
included Transportation, Elderly Affairs, Housing and so forth and briefly
explained the evolution. Ms. Kunioka -Volz said she would like to see a
justification as to how these position were justified to be on the different
levels; what was the criteria used for the positions. Mr. Furfaro said he
could reference the Ordinances if they want narrative that describes the
Ordinance that created Housing as a separate group. Mr. Crowell clarified
that Ms. Kunioka -Volz wanted to know how all the tiers were created, not
just Housing and Transportation. Mr. Furfaro said some of that was the
Commission's responsibility whether it was levels, tiers, or grades — it
already existed. Ms. Kunioka -Volz said perhaps they need to revisit and if
there is not something already devised they should devise something so that
in the future they will have an easier time justifying what position will fit
into what tier level. Chair King said part of it is a focus of the
Administration and if they want to focus less on Housing that is the way
they go; the Commission is here to talk about the salary for the tiers. It was
suggested that during the presentation to Council that there would be
someone from the Administration as well.
Ms. Nishihira said if it is the Commission's Resolution does that mean they
have to accept the movement in tiers because she does not have enough
information to agree with some of it. Attorney Bracken said since they set
the salaries they basically have control over the tiers. Ms. Nishihira asked
if they should do 2 Resolutions — one at 11.2% and the other would be more
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complicated if they go with the change in tiers. Chair King felt they had to
make up their mind and make a recommendation. They did talk about 2
proposals last month with one in which they moved HR and one for salary,
but he did not think they could present 2 salary recommendations and say
take your choice. Ms. Nishihira said it would be for different positions such
as those at 16% if they decide to go higher than 11.2% because if they reject
it and we only submitted 1 the whole thing is rejected. Chair King said if
they submit 2 and one has those going to 16% and they reject the 16% we
would not have it in the other one. The ones we want to value more would
suffer and the others would all go up. Mr. Furfaro thought there was a
misunderstanding when he indicated in Tier IV Transportation with new
federal monies and exposure it is getting and the aging population the
Administration has indicted these are areas that are going to get real solid
attention and further pointed out they are not putting less emphasis on
Housing. Mr. Furfaro stated part of the narrative should include that the
Housing Director was attracted away from the County. Ms. Matsumoto
shared some of her thoughts and posed the question of why are they
proposing these raises and the simple thing to her was our population has
and is growing which increases all kinds of service needs, housing, roads,
what we give to other people and agencies so there is clearly a need to raise
the cap. Ms. Matsumoto referenced Mr. Dahilig communication in which
he said they want to protect this island, to keep people and put good people
in the positions and money is not the only thing, but they have to be smart
business people and present packages that will attract the right people into
positions. We need to attract and keep our people coming back to the
island; increasing the population increases the services and we have to
respond to all of that. Mr. Crowell was in agreement and stated the
Legislature is not going to give the Island any increase in the TAT however
they have given the County the ability to raise our GET, but it is specified
to all be in transportation or something of that nature to fix roads and build
our transportation system. Mr. Crowell briefly discussed the probabilities
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of vastly increased responsibilities for the Transportation Director, the
increase in the visitor industry which is maxing out services, and that
everyone deserves an increase to keep our qualified people in these
positions. Ms. Matsumoto shared that she is amazed how hard these people
work to meet the needs of all the people of the County and deserve that
recognition. Ms. Shimamoto said the 16 %, the 14 %, and even the 23%
increases can be related to the tiers; those positions have increased their
services and responsibilities. Ms. Matsumoto stated that she was really
impressed with Michael Dahilig's letter because it pretty much answers the
why along with the Chair's draft preamble. Ms. Shimamoto said in Tier V
there was a range and asked if there was a reason why they do not put in a
range. Chair King said you use a range when there is a minimum; the
Commission is just concerned with a maximum. If the Commission gets
into ranges, from an HR point of view, then it gets much more complicated.
Right now we are just saying this is the maximum. Mr. Crowell seemed to
recall there was a minimum for the attorneys and the reason for that range,
but he would need to research that. Attorney Bracken did not think there
was a minimum; they are usually started at whatever is appropriate and
could even be below the $84,000. Mr. Furfaro said that is the same for the
prosecutor's office.
Chair King said if they set a range they are limiting the Administration even
more. Mr. Machado agreed that it should be at the discretion of whoever
assigns it and thinks the wages they are looking at is fair. His concern is
how they would justify it because that will be the questions that come out,
and they need to show the reason for it. Ms. Kunioka -Volz said especially
when they rejected it last year because of budget and they are not
forecasting the budget to be any better this year, so why would we come in
higher. Chair King asked if they should be doing what is politically correct
or what is correct. Ms. Nishihira said she was thinking of strategy in being
able to explain because if Council doesn't understand it could be the basis
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for rejecting it. Mr. Machado asked if there also wasn't the controversy on
the property tax increases at the time the salary increases were rejected.
Ms. Kunioka -Volz didn't think it was the public so much against it, it was
the Council and it was because of those numbers that KipuKai presented
which were totally irrelevant, but they couldn't question those numbers.
Chair King said another thing to look at when they are presenting things is
they are talking somewhere in the neighborhood of $160,000 to $170,000
which shouldn't be insurmountable. Mr. Furfaro corrected that figure to
around a half - million remembering the one worksheet is done by tiers and
total compensation change while the other worksheet is done solely by
position. Ms. Nishihira said when they were asked why last year they
explained it was just to bring parity to the pay ranges for people who did
not get pay raises and even that was rejected. Our basis here is to keep up
with the CPI. Ms. Kunioka -Volz thought the Council should have
submitted any questions they had to the Commission before the meeting. It
was agreed that the proposal was better thought out this year.
Mr. Furfaro suggested the Commission should be aware of a couple of
things in the narrative in that they should make a strong opening statement
that deals with the fact that some of the departments have gone 8 years
without a raise, some went 5. That is the piece that ties into the Consumer
Price Index. It also is not too challenging to bring up the fact they also
went through a period of furlough time that did not come up to the savings
they had, but they lived through it and should be pointed out in the
narrative. Recruitment in today's workforce market is a really big thing and
then retaining those people as we focus more and more CIP money on
transportation and so forth. Those are the high points in this critical
dialogue.
Ms. Shimamoto said it is kind of (inaudible) to think we are going to go in
and ask for half a million dollars for 23 %, 14 %, 16% and 11% because the
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rank and file do not see numbers like this. Chair King said some of the rank
and file are paid more than these guys. Ms. Nishihira said if there was a
column that showed the average annual, it will be like 2% a year, which the
rank and file in their bargaining units are probably getting at least that a
year. Ms. Nishihira said the figure was not bottom line because the Council
was not in there. Chair King clarified they were not in the tiers but they
were in the position worksheet. Chair King asked if the Commission was
comfortable with the numbers in the tiers and do they want to move
anybody. Ms. Nishihira asked if the Deputy County Clerk was at the same
level as the Deputy Director of Finance as far as knowledge requirement.
Mr. Furfaro said they were certainly not below. Asked if it was in the
criteria in the recruitment requirements to be like a CPA. Mr. Furfaro said
the CPA is for the auditor, but financial strengths is certainly a criteria for
the Deputy Clerk. Ms. Kunioka -Volz pointed out they do not have anything
that justifies the tier levels. Ms. Shimamoto asked if they could take a look
at the minimum qualifications for the Deputy Director of Finance and the
Deputy County Clerk. Mr. Furfaro said he could arrange that through HR
because everyone has a job description, a job scope. Ms. Kunioka -Volz
said they talked before about looking at raising the tier up for like the
County Engineer because they required the licensing. Ms. Nishihira said
she would also like to know for the positions that got bumped down. Chair
King said for the Deputy Director or Director of Parks and Rec, they have a
lot of land responsibilities. Chair King said he was looking for a consensus
on the Council Chair and the Councilmembers, who are at 12.8% and
10.8% respectively, and suggested 11.2% just because he can't think of a
reason why it would be different, and that might be the first question in
their mind. Mr. Crowell had no objections, but thought they tagged that
because of the Maui Chair. Mr. Furfaro said on second thought it might
have been the Council Chair for Honolulu. Ms. Kunioka -Volz said the
Council Chair on Maui has $82,000, Big Island is $58,000 and Kauai is at
$63,000 so we are not the lowest. Ms. Nishihira said she would leave it,
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and that they did get that intermediate increase. If you look at the
cumulative increase some people got nothing and other people got a few
thousand. Ms. Kunioka -Volz said in all fairness if they go with 11.2% it
should go from their old salary prior to the '09 increase. Mr. Furfaro said
he would research it as one of the Counties had a raise recently. The 11.2%
would be the narrative for the CPI that is being suggested for everybody
and perhaps you do not want to differentiate from them. Ms. Shimamoto
asked if they were doing the same for the others who received raises in
2009. Chair King said those are the lower rate at 3.9% and he would look
at the percentages when he gets the information from Mr. Furfaro. Mr.
Furfaro said there is another variance in there - in looking at other
municipalities the 3.9% brings them up to not more than the legal
department, but for a long time they were ahead of the legal department. In
most counties and municipalities the Prosecutor's Office is a bit lower than
the County Attorney's Office. Chair King said hopefully they can come to
a resolution next time.
Ms. Nishihira asked if they were going to propose giving the Managing
Director position an allowance as well. Chair King said he would deal with
that. Ms. Kunioka -Volz said based on the Prosecuting Attorney's salary in
'08 prior to the increase, the proposed salary would be at 11.2% increase.
Ms. Matsumoto said if she is unable to attend the presentation to the County
Council can she present something written. Chair King said yes, she would
be representing herself. Staff said that Council does take testimony and that
would be considered testimony.
Mr. Furfaro responded to Chair King that the CAFR numbers come in front
of the Council no later than the 18th of December, and the Finance Director
said he thought this was on track, but is dependent on when the Council
Chair puts it on the agenda.
Announcements
Next Meeting: Friday, January 8, 2016 — 9:00 a.m.
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Mr. Furfaro thanked Mr. Machado whose term is ending on December 31St
but has agreed to extend to March 30 to assist with the work the
Commission is doing now. Ms. Shimamoto has also agreed to a second
term.
Adjournment
Mr. Machado moved to adjourn the meeting at
10:55 a.m. Ms. Matsumoto seconded the
motion. Motion carried 7:0
Submitted by:
Barbara Davis, Support Clerk
O Approved as circulated.
O Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
Charles King, Chair