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HomeMy WebLinkAbout2016_0915_AgendaPacketCharles King Chair Sheri Kunioka -Volz Vice Chair CALL TO ORDER Members: Robert Crowell Camilla Matsumoto Lenie Nishihira Jo Ann Shimamoto COUNTY OF KAUA'I SALARY COMMISSION NOTICE OF SPECIAL MEETING AND AGENDA Thursday, September 15, 2016 9:00 a.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2 A/B 4444 Rice Street, Lihu`e, HI 96766 APPROVAL OF MINUTES Open Session Minutes of April 11, 2016 COMMUNICATION SC 2016 -02 Memorandum dated April 21, 2016, from County Clerk Jade K. Fountain - Tanigawa transmitting the County Council's actions as relates to the salaries of certain officers and employees of the County of Kauai and Resolutions Nos. 2016 -2 and 2016 -3, both amending Resolution No. 2016 -1 BUSINESS SC 2016 -03 Election of Chair and Vice Chair for FY2016/2017 SC 2016 -04 Discussion and decision - making with regard to submitting a Resolution establishing the maximum cap for salaries for the fiscal year 2016/2017 for the lower tier officers and employees included in Section 3 -2.1 of the Kauai County Code a. Draft Resolution 2016 -3 SC 2016 -05 Report of attendance and discussion on matters presented at the Kauai County Council in relation to Resolution 2016 -1, Resolution 2016 -2 and Resolution 2016- 3. ANNOUNCEMENTS Next Meeting: To Be Determined ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92 -7 (a). The Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the Executive An Equal Opportunity Employer Session was not anticipated in advance. Any such Executive Session shall be held pursuant to HRS §92 -4 and shall be limited to those items described n HRS §92 -5(a) cc: Matthew Bracken, First Deputy County Attorney PUBLIC COMMENTS and TESTIM Persons wishing to offer comments are encouraged to submit written testimony at least 24 -hours prior to the meeting indicating: 1) Your name and if applicable, your position/title and organization you are representing. 2) The agenda item that you are providing comments on; and 3) Whether you are testifying in person or submitting written comments only. 4) If you are unable to summit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: Salary Commission Attn: Barbara Davis Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu'e, HI 96766 E -mail: bdavis @kauai.gov Phone: (808) 241 -4919 Business Fax: (808) 241 -5127 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241 -4919 at least five (5) working days prior to the meeting. Salary Commission — September 15, 2016 2 1 P i g e Lr FITV ail ��J COUNTY OF KAUAI _ , 1+ � Minutes of Meeting OPEN SESSION Board /Committee: SALARY COMMISSION Meeting Date April 11, 2016 Location Mo'ikeha Building, Liquor Conference Room #3 Start of Meeting: 9:00 a.m. End of Meeting: 10:20 a.m. Present Chair Charlie King; Vice Chair Sheri Kunioka -Volz. Members: Robert Crowell; Cammie Matsumoto; Leni Nishihira; 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 Council Administrative Assistant Eddie Topenio gave the Oath of Office to reappointed Commission Member Jo Shimamoto. Call To Order Chair King called the meeting to order at 9:00 a.m. with 6 members present Approval of Open Session Minutes of February 5, 2016 Ms. Matsumoto moved to approve the minutes Minutes as circulated. Ms. Shimamoto seconded the motion. Motion carried 6:0 Business SC 2016 -001 Discussion and decision - making with regard to submitting an amended Resolution establishing the maximum cap for salaries for the fiscal year 2016/2017 for officers and employees included in Section 3 -2.1 of the �Dd Kauai County Code a. Draft Resolution 2016 -2 Chair King stated the County Council had rejected the Salary Resolution with a 5 -2 vote. In listening to the discussion it seemed like it was more based on budget rather than whether the salaries were appropriate or not. We have a chance to go back to the Council with a revised Resolution and he asked Mr. Furfaro to explain this process. Salary Commission Open Session April 11, 2016 Page 2 SUBJECT DISCUSSION ACTION (Recorder did not record approximately 20 minutes of the meeting including testimony from Councilmember Chock and Councilmember Yukimura) Councilmember Mason Chock did note that he supported the tiered approach but he would reject increases for those positions below the Deputy Fire Chief for budgetary reasons. Councilmember JoAnn Yukimura felt that raises were necessary in all cases except for the Council although she did not think there would be much money saved from Council salaries. CM Yukimura suggested the list be broken into 2 tiers with the first tier running through the Deputy Fire Chief. By eliminating the bottom tier she hoped the top tier would be passed. CM Yukimura distributed her compilation of Kauai County Current Actual Salaries Compared to Maui County and Hawaii County (04 -08- 2016). (recording resumed) Mr. Crowell thanked Ms. Yukimura for supporting the first Resolution. Mr. Crowell said he hears her concerns now as well as Councilmember Chock's concerns. His question is would she consider another two positions being the Parks and Rec Director as well as the Deputy to be in that first tier. While they may not have a degree requirement he is looking more at department size as well as their responsibilities. Some of our biggest problems are at the parks — the restrooms and whatever. Would she consider those 2 positions being in the first tier and the rest of them being the second tier? Councilmember Yukimura said her honest answer would be no because the Deputy is of greatest concern to her. The proposal would give the Deputy Salary Commission Open Session April 11, 2016 Page 3 SUBJECT DISCUSSION ACTION $114,000 and if you look at the other islands they are at $98,000 and $103,000 with Maui's population double Kaua`i's and the Big Island's population is three times Kaua`i's. To give the Deputy of Parks and Rec $114,000 is really out of line and it would be one of the things the public would latch onto. It does not seem rational or fair. CM Yukimura said she understands that the Parks and Rec Department is a very important department with large impact on the public, but right now there is not really any expertise required for that position. If the safeguards to ensure somebody with expertise would be selected there would be much more comfort in putting it in the first tier. With no disrespect to the person in that position, but they would be competitively selected is what the public is looking for. Mr. Crowell said in follow up to that what type of expertise would she consider a Parks Director to have? CM Yukimura said a Parks Director should have some expertise in parks and recreation. Mr. Crowell asked what that would be — someone who was a park caretaker? Ms. Yukimura said the responsibilities and the job description would have to match the level of responsibility and reach. She would leave it to the experts in terms of describing the requirements, background and experience. Ms. Yukimura referenced a State law passed last year that requires the Civil Defense Director to be a civil service position. Any manager will have some ability that is required of a parks manager, but knowledge of how park systems work, how recreational programs are developed, and experience would be important and a competitive process for selecting the best. This is what the public is looking at when they look at the salary level. You have Salary Commission Open Session April 11, 2016 SUBJECT DISCUSSION ACTION made recommendations that have been taken seriously and help to guide the process. Annual evaluations were not done until the Salary Commission spoke up and things like that have helped professionalize the process and produce better managers and leaders. Chair King said Councilmember Chock was talking about tiers but Mr. King thought he was talking about phasing so it would be over the years, and JoAnn was talking about knocking off everybody below Deputy Fire Chief. Mr. Furfaro said he or his office could do a more in -depth study of the salary comparisons (distributed by CM Yukimura) because the reality is all the job scopes with a smaller County is not necessarily focused on the same duties to which he briefly explained some of the variables among the islands. Chair King questioned if the Resolution would fly without the Council people on it as presumably that is why the Commission was brought in again. Mr. Furfaro said that was and the environment three days ago was different than it is today. Maybe it sends a clear message to send the Resolution over the way it is and if they entertain a portion of the increases they would have to go seriatim. Mr. King said he is happy to try to get something through because there are a lot of folks that deserve it. Mr. Crowell agreed but what he heard Councilmember Chock say it doesn't sound like he would support this Resolution. Mr. Furfaro said it is very difficult because originally in the Committee Mr. Chock's vote was for the whole Resolution then when it went to the full Council, it went back. After that was rejected we got an indication that he would consider it again and then today we get something that was different. Mr. Crowell asked about the budget deliberations and if the budget was so tight Council wouldn't be considering the $600,000. Mr. Furfaro did not Salary Commission Open Session April 11, 2016 Page 5 SUBJECT DISCUSSION ACTION think it was looking worse and there is an opportunity to rebuild some reserves in which he thought the Finance Department and the Mayor's Office had done a very good job on that. Things that are not helping is the TAT is unsettled. Ms. Nishihira asked if CM Yukimura was saying that if the Commission does not tier it she won't....... Chair King said he did not hear that; what he heard was that she would prefer it. Ms. Matsumoto said she heard CM Yukimura thought there would be a better chance for having some of the positions passed. In that light although Ms. Matsumoto did not like the idea of splitting and taking out the bottom tier from the Resolution she would agree with CM Chock who used the word phases. She would be happier having some of the positions pass than not having it pass at all because that would set us back again. Ms. Matsumoto said she would be in favor of leaving out the people from the Director of Economic Development on down just to preserve the top and get something through even though she does not like it. Mr. Furfaro said the positions that are in the narrative that he passed out are the ones that are the cutoff point - auditor, clerk, deputy clerk, economic development, parks, etc. Attorney Bracken said options -wise the amended Resolution just deletes the County Council members and was based on Council's statements before, and we thought we would get the 3 votes based on this. This could be further amended if the Commission is considering cutting off below that point. Technically you could send over 2 amendments — one with the top half and the other with the second half. There is a good chance based on what was said today that the second half would be completely rejected. You could also amend it and send it over piecemeal or line by line. You could send over the Salary Commission Open Session April 11, 2016 Page 6 SUBJECT DISCUSSION ACTION top half and a new resolution for next year for 2017 -1 to include the bottom half which would be like the phase thing that was spoken of. Ms. Matsumoto liked splitting the list saying it helps to define what they would be doing next year. Mr. Furfaro pointed out that seems the only way to get something through, but reminded everyone that when they started this there were 7 years where no raises were given and only the cost of living index was used for this Resolution. Secondly Mr. Furfaro sent out a proposal to establish what the salary should be and then phase in the rates — 55% for 6 months, 30% at the end of the year and then 15% or 10% 18 months from now, but we said it was hard to stretch it out that far. What Attorney Bracken has put on the table is maybe your only option right now. Attorney Bracken said it would be up to the Commission if they want the Resolution to be for this year they could send over both amendments for this year. Mr. Crowell asked the Attorney if rather than a new Resolution this would be an amended Resolution. Attorney Bracken said the only way this could be sent back over is as an amendment. Since this Commission already passed the Resolution you can amend your Resolution. Mr. Crowell said speaking for himself he would like to keep it simple and if they are looking at getting something passed he did not know if this body was willing to just go with the top half and next year deal with the bottom half at which time they might be possibly dealing with a whole new Council. Mr. Crowell thought they had CM Chock's vote but he kept talking about the budget also; he is talking about cutting half of the $600,000 although cutting the bottom half does not cut $300,000. Mr. Furfaro said he calculated the bottom half at $142,000. Chair Furfaro noted the urgency was the Commission has until noon today by Council rules to have an actual Salary Commission Open Session April 11, 2016 Page 7 SUBJECT DISCUSSION ACTION document in their hands. Attorney Bracken said if the Commission indicates which way they are leaning he can go to his office now and bring back an amended Resolution. Ms. Matsumoto moved to amend the Resolution eliminating positions from Director of Economic Development though County Auditor and the Council Members. Mr. Crowell seconded the Ms. Kunioka -Volz felt the Resolution should be submitted as two amended motion. Resolutions just to make a statement that we are still supporting the (inaudible) and let Council reject it. On question of whether to leave Council out or put them in, Mr. Furfaro said since that suggestion came from Council he would suggest keeping them out — they made their position as a group known. Ms. Matsumoto withdrew her motion. Mr. Crowell withdrew his second. Ms. Kunioka -Volz moved to split the amended Resolution into two separate amended Resolutions submitting the first portion keeping the group intact with exception to the Director of Economic Director down to County Auditor which would be the second amended Resolution. It was clarified that both amended Resolutions would be for this year and not Ms. Nishihira seconded the motion. include the Councilmembers. Ms. Kunioka -Volz was asked to restate her motion which was to amend the Resolution and split it into two separate amended Resolutions with the exclusion of Council and the Council Chair, both being effective this year with the split being from the Director of Economic Salary Commission Open Session April 11, 2016 Page 8 SUBJECT DISCUSSION ACTION Development on down. Ms. Nishihira seconded the motion. Motion carried 6:0 Recess A recess was called at 9:55 a.m. to allow the Attorney to rework the amended Resolution as approved by the Commission. Attorney Bracken distributed the Resolutions to ensure it was what the Commission wanted to submit to Council. Meeting was called back to order at 10:15 a.m. Chair King indicated they were to consider Resolutions 2016 -2 and 2016 -3 which are amendments to 2016 -1. The Chair noted they had already voted on the amendments and they are just verifying this is what they want. Ms. Shimamoto questioned the third Whereas paragraph expressing concerns about the County Councilmembers and asked if they wanted to keep that in to which Attorney Bracken said both Resolutions deleted County Councilmembers so it is okay for it to stay if they are okay with the wording. Chair King said that paragraph specifically notes their deletion. Chair King said regardless of whether Council approves or rejects either or both of these there is no need to set a meeting date right now. The Commission was advised that a new chair would be selected at the next meeting. Mr. Furfaro explained his office was preparing the transmittal which will be walked up to the Mayor or Nadine to sign, appropriate copies made and then walked over to the Council. It is tentative that it will be on next week Wednesday's agenda and anyone wanting to submit testimony Mr. Furfaro will see that it gets to the Council. Adjournment Chair King adjourned the meeting at 10:20 p.m. Salary Commission Open Session April 11, 2016 Submitted by: Barbara Davis, Support Clerk () Approved as circulated. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. Charles King, Chair COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuali'i JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Lbu'e, Kauai, Hawaii 96766 April 21, 2016 OFFICE OF THE COUNTY CLERK Jade K. Fountain- Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone (808) 241 -4188 Fax (808) 241 -6349 Email cokcouncil@kausi.gov TO: Charlie King, Chair, and Members of the Salary Commission Bernard P. Carvalho, Jr., Mayor Ken M. Shimonishi, Director of Finance Janine M. Z. Rapozo, Director of Human Resourceg. FROM: Jade K. Fountain- Tanigawa, County Cle RE: COUNTY CLERK TRANSMISSION RELATING TO SALARY COMMISSION RESOLUTION NO. 2016 -19 RELATING TO THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE COUNTY OF KAUAI, AND RESOLUTION NOS. 2016 -2 AND 2016 -3, BOTH AMENDING RESOLUTION NO, 2016 -1 Pursuant to Article IV of Salary Commission Resolution Nos. 2016 -1, 2016 -2, and 2016 -3, please note the following Council action: 1. During the March 23, 2016 Council Meeting (Council Communication C 2016 44), the Council rejected Resolution No. 2016 -1 in its entirety. 2. During the April 20, 2016 Council Meeting (Council Communication C 2016 -102), the motion to reject Salary Resolution No. 2016 -2 in its entirety failed; Pursuant to Section 29.03 of The Charter of the County of Kaua'i, there were insufficient votes to reject Salary Resolution No. 2016 -2 in its entirety. 3. During the April 20, 2016 Council Meeting (Council Communication C 2016 -103), the Council rejected Resolution No. 2016 -3 in its entirety. The above - referenced Resolutions' Article IV directs the County Clerk to "transmit a final approved copy of the resolution and note any rejected portions thereto ...." As noted above, both Resolution Nos. 2016 -1 and 2016 -3 were rejected in their entirety. Resolution No. 2016 -2 was not "approved" by the Council, but the motion to reject the Resolution in its entirety failed (i.e., was not carried "by a vote of not less than five members of the council" as required by Charter Section 29.03). Accordingly, Resolution No. 2016 -2 is attached to comply with Article IV. Should you have any questions, please feel free to contact the Office of the County Clerk, Council Services Division, at 241 -4188. JA:cy Attachment cc: Nadine K. Nakamura, Managing Director Jay Furfaro, Boards & Commissions Administrator AN EQUAL OPPORTUNITY EMPLOYER - f cv �.2,0 lto 0 .Z. SALARY COMMISSION COUNTY OF KAUAI F, RESOLUTION AMENDING RESOLUTION NO, 2016-1 RELATING TO THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE COUNTY OF KAUAI WHEREAS, pursuant to Section 29.01 of the Kauai County Charter, the Salary Commission establishes the maximum salaries of all elected and appointed officers as defined in Section 23.01 D of the Charter; WHEREAS, effective February 5, 2016, the Salary Commission adopted Salary Resolution 2016 -1, to increase the maximum salaries of all elected and appointed officers as defined in Section 23.01 D of the Charter; WHEREAS, the County Council rejected Resolution No. 2016 -1 and expressed concems about the County Councilmembers receiving increases in maximum allowable salaries; BE IT RESOLVED by the Salary Commission of the County of Kauai, State of Hawaii, that Resolution No. 2016 -1 is amended as follows: Article I. Salaries of Certain Officers and Employees SECTION 1. Effective as of July 1, 2016, the maximum salaries, payable semi - monthly, of certain officers and employees shall be as follows: Maximum Position Annual Salary Mayor $1323000 Managing Director $122,539 County Engineer $119,357 Deputy County Engineer $114,582 Director of Finance $1193357 Deputy Director of Finance $1143582 County Attorney $119,357 First Deputy County Attorney $114,582 Deputy County Attorney $1093560 Prosecuting Attorney $1193357 First Deputy Prosecuting Attorney $114,582 Deputy Prosecuting Attorney $1093560 1 C 2016 -102 Director of Human Resources $1143582 Chief of Police $1273313 Deputy Chief of Police $1149582 Planning Director $1193357 Deputy Planning Director $109,560 Manager and Chief Engineer, $119,357 Department of Water Deputy Manager - Engineer, $1143582 Department of Water Fire Chief $127,313 Deputy Fire Chief $1143582 All other maximum salaries for other Certain Officers and Employees are deleted unless further amended by a subsequent resolution. Section 2. Maximum Salaries. Section 1 sets forth the maximum salaries payable to the listed officers and employees. However, the respective appointing authority may set the salary of any new or existing non - elected appointee at a figure lower than the figure established for the position in this Resolution. Elected officers may voluntarily accept a salary lower than the maximum salary established by this Resolution for their position or may voluntarily forego accepting a salary. Article II. Salaries of the County Councilmembers Section 1. This section is amended to delete the increase in maximum salaries for County Councilmembers, Article III. Severability. If any portion or portions of this Resolution are rejected by a vote of five (5) or more councilmembers, the other provisions of this resolution shall not be affected thereby. If the application of this Resolution or any of its provisions to any persons or circumstance is held invalid by a court of law, the application of this resolution and its provisions to other persons or circumstances shall not be affected thereby. Article IV. Transmittal of Salary Resolution. The County Clerk shall transmit to the Salary Commission, Mayor, Finance Director, and Human Resources Director a final approved copy of the resolution and note any rejected portions thereto within thirty (30) days after the effective date of this resolution. Adopted by the Salary Commission at its meeting on April 11, 2016: 2 C 2016 -102 ft Kunioka -Volz, Crowell Camilla Matsumoto i Shimamoto 3 C 2016 -102 SALARY COMMISSION COUNTY OF KAUA' I RESOLUTION AMENDING RESOLUTION NO, 2016-1 RELATING TO THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE COUNTY OF KAUAI WHEREAS, pursuant to Section 29.01 of the Kauai County Charter, the Salary Commission establishes the maximum salaries of all elected and appointed officers as defined in Section 23.01 D of the Charter; WHEREAS, effective February 5, 2016, the Salary Commission adopted Salary Resolution 2016 -1, to increase the maximum salaries of all elected and appointed officers as defined in Section 23.01 D of the Charter; WHEREAS, the County Council rejected Resolution No. 2016 -1 and expressed concerns about the County Councilmembers receiving increases in maximum allowable salaries; BE IT RESOLVED by the Salary Commission of the County of Kauai, State of Hawaii, that Resolution No. 2016 -1 is amended as follows: Article I. Salaries of Certain Officers and Employees SECTION 1. Effective as of July 1, 2016, the maximum salaries, payable semi - monthly, of certain officers and employees shall be as follows: Position Director of Economic Development Director of Liquor Control Director of Parks & Recreation Deputy Director of Parks & Recreation Director of Housing Boards and Commissions Administrator County Clerk Deputy County Clerk County Auditor Maximum Annual Salary $109,560 $109,560 $119,357 $114,582 $114,582 $109,560 $119,357 $114,582 $119,357 Section 2. Maximum Salaries. Section 1 sets forth the maximum salaries payable to the listed officers and employees. However, the respective appointing authority may set the salary of 1 any new or existing non - elected appointee at a figure lower than the figure established for the position in this Resolution. Elected officers may voluntarily accept a salary lower than the maximum salary established by this Resolution for their position or may voluntarily forego accepting a salary. Article II. Salaries of the County Councilmembers Section 1. This section is amended to delete the increase in maximum salaries for County Councilmembers. Article III. Severability. If any portion or portions of this Resolution are rejected by a vote of five (5) or more councilmembers, the other provisions of this resolution shall not be affected thereby. If the application of this Resolution or any of its provisions to any persons or circumstance is held invalid by a court of law, the application of this resolution and its provisions to other persons or circumstances shall not be affected thereby. Article IV. Transmittal of Salary Resolution. The County Clerk shall transmit to the Salary Commission, Mayor, Finance Director, and Human Resources Director a final approved copy of the resolution and note any rejected portions thereto within thirty (30) days after the effective date of this resolution. Adopted by the Salary Commission at its meeting on April 11, 2016: AXVN, Charles it Sheri unioka -Volz, Vice Chair Robert Crowell Camilla Matsumoto 7 /L." ell**� Le ishihira L.,I/Ann Shimamoto