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HomeMy WebLinkAbout2015_1124_Minutes Open_APPROVEDCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 1/26/16 Board /Committee: CIVIL SERVICE COMMISSION Meeting Date November 24, 2015 Location Mo'ikeha Building, Liquor Control Commission, Meeting Room Start of Meeting: 3:00 p.m. End of Meeting: 3:47 p.m. 3 Present Chair Roy Morita; Vice Chair John Low. Members: Elizabeth Hahn (3:17 p.m.); Richard Jose; Karen Matsumoto Also: Deputy Attorney Teresa Tumbaga; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Director of HR Janine Rapozo Excused Members: Nancy Golden; Jeffrey Iida Absent SUBJECT DISCUSSION ACTION Call To Chair Morita called the meeting to order at 3:00 Order /Roll Call p.m. with 4 members present. Approval of Open Session Minutes of September 22, 2015 Mr. Low moved to approve the minutes as Minutes circulated. Mr. Jose seconded the motion. Motion carried 4:0 Business CSC 2015 -06 Discussion on adopting Guidelines for Implementing Civil Service Commission Procedures for the Selection, Evaluation and Dismissal of the Director of Human Resources and possible decision - making to schedule a Public Hearing on adding such Rule Changes as Subchapter 7 (On-going) Deputy Attorney Tumbaga asked what the Commission wanted to do in terms of adopting guidelines and rule changes. Chair Morita said he recalled they did make some amendments, but were waiting because Attorney Courson said there were some issues he had to clarify. Attorney Tumbaga asked if they still wanted to amend the guidelines or implement the guidelines. Chair Morita thought they wanted to implement the guidelines, but Attorney Courson said there were some issues. Attorney Tumbaga said at one point there was a question as to whether the Hawaii Revised Statutes (HRS) addressed the Human Resources Director and there is a statute that does, but it is very brief and previously read into the record. Attorney Tumbaga was not sure if that Civil Service Commission Open Session November 24, 2015 Page 2 SUBJECT DISCUSSION ACTION was the only question noting the HRS also addresses a Deputy Director. Attorney Tumbaga asked what the Commission wanted to do in terms of guidelines and rules so she can assist in drafting what is needed. Attorney Tumbaga said in discussions with Attorney Courson he also was not sure where the Commission was on this item so she went through the older minutes. In the minutes from June 23, 2015, the Commission discussed guidelines versus rules and a decision had not been made as to whether the guidelines should be rolled into the rules or just remain as guidelines, and she asked if that was a decision the Commission still needs to make. Attorney Tumbaga said it was not so much of changing the current rules, but adding a section to the rules as there is nothing in place for this particular area of the HR Director. Ms. Rapozo said she sat on the committee that worked on these rules for the Planning Commission, and they came up with rules they wanted to incorporate as part of their Commission rules. They came up with guidelines that any Commission coming in would understand as rules are sometimes vague, and another Commission might think that is not what was meant. The guidelines they came up with could be used, but were not necessarily rules that have to go through the public hearing process. Ms. Rapozo thought at some meeting they approved the rule change to add in the selection process, but the guidelines were still up in the air whether to adopt them or not; she did not recall if and when the rules were approved. Chair Morita asked if they only made changes to the guidelines would they need a public hearing. Attorney Tumbaga said from the minutes of June 23rd Ms. Rapozo explained that the guidelines did not need to go public hearing whereas the rules would need to be approved through public hearing. Further in those minutes Mr. Low recalled the Commission had discussed the option before and did not want to tie the guidelines to the rules. Mr. Low recalled that saying they did not want the guidelines to be in the rules because they did Civil Service Commission Open Session November 24, 2015 Page 3 SUBJECT DISCUSSION ACTION not know if they would want to change some of the guidelines as things progressed since it was a new department; he still feels that way in that the rules should be separate. Asked if they had approved the guidelines, Staff thought they adopted them only for the placement of the current position they were hiring for. Mr. Low said his recollection was that Attorney Courson was going to go through the guidelines and make sure they were acceptable and there were no problems. Chair Morita said there was one change in the event Ms. Rapozo was to retire the applications would not go through HR, but rather directly to the Civil Service Commission. Ms. Rapozo was not sure if the current rules have a discussion on how to select a director to which the Chair noted it does not. Ms. Rapozo thought they were working off the Planning Commission's rule change and modified their rules wanting to incorporate into the Commission's rules. Because this was on hold, there was no public hearing. Attorney Tumbaga said she was not sure whether one of those things had to do with the Deputy Director. Staff said because there was nothing in the Charter about a deputy position that might be one of the things Attorney Courson was going to check out. Attorney Tumbaga said there is a section in the HRS ( §76- 76) dealing with a Deputy. If a public hearing is not needed the Commission can just approve the guidelines. Mr. Low said he had a fairly clear memory that one of the issues the Commission was grappling with was we did not want to make guidelines into rules forcing future Commissions into them, but rather they should be able to adopt the ones they thought was right, and not have to go through a rule change. CSC 2015 -15 Memo dated 8/27/15 from the Charter Review Commission requesting input from the Civil Service Commission on Article XV of the Kauai County Charter (Deferred from 9/22/15 meeting) Civil Service Commission Open Session November 24, 2015 01W SUBJECT DISCUSSION ACTION Staff pointed out this Article was changed in the Charter in 2014 making note there is still one sentence that refers to the director of personnel services, which will be discussed with the Attorney's Office as to any impact it may present without having to go back to the ballot. Ms. Hahn moved to receive the communication. Ms. Matsumoto seconded the motion. Motion carried 5:0 CSC 2015 -16 Request from Chair Morita for discussion and possible decision - making on the method to raise the step level for the Director of Human Resources position (On- going) a. Verbal Report from Vice Chair Low who appeared before the Salary Commission at its 1015115 meeting Mr. Low did appear before the Salary Commission and they seemed pretty positive in terms of our recommendation to them regarding the step level for the Director of HR, but he does not know what happened after that. Mr. Furfaro spoke about waiting to hear about how things were going to go in terms of whether there would be a recommendation on salary raises, and the Civil Service Commission's opinion was they weren't asking for a salary raise but rather a change in tier level. Staff stated the Salary Commission is working diligently on this because it has to be at Council by March 15th so it is an on-going rocess for them and input is important to them. Director's CSC 2015 -19 October, November 2015 Director's Report Reports Ms. Rapozo said she just returned from a week of arbitration on Oahu for Unit 14. The arbitrator wants them to continue with mediation; there are 3 issues left on the table which is compensation, uniform allowance, and differentials. If there is no settlement the arbitrator has to render a decision by February 151'. This is a dual unit comprised of water safety personnel on the Counties' side and from the State it is the sheriffs. HR is gearing up for County -wide training for the new revised policy on discrimination, harassment, and retaliation as par t of the EEOC conciliation agreement and the settlement Civil Service Commission Open Session November 24, 2015 Page 5 SUBJECT DISCUSSION ACTION agreement in a lawsuit. We were told to beef up our policy as well as retrain all of our managers and everyone in the department that had the conciliation. Asked about adequate funding for all of the trainings HR is undertaking, Ms. Rapozo said they did get an increase last budget because they are doing some supervisory training as well. Travel has been a budget problem because of all of the negotiations they have had to attend this year. Mr. Low asked if the assistance being given to various departments in conducting investigations was technical assistance or is HR doing the investigation. Ms. Rapozo said HR is doing the investigations and had been moving towards that by design by having an objective body doing the actual investigation. HR basically does the findings and it is up to the department to issue discipline if necessary. Ms. Matsumoto moved to receive the Director's reports. Mr. Jose seconded the motion. Motion carried 5:0 Executive Mr. Jose moved to go into Executive Session at Session 3:34 p.m. Mr. Low seconded the motion. Motion carried 5:0 Deputy Attorney Tumbaga read the Hawai'i Revised Statutes provision as detailed on the agenda to take the Commission into Executive Session for ES -017 to approve Executive Minutes of 9/22/15 and ES -018 for discussion and decision - making on initiating the annual job performance review for the Director of Human Resources. Return to Open Ratify Commission actions taken in Executive Session for items: The meeting resumed in Open Session at 3:46 Session ES -017 and ES -018 p.m. Mr. Jose moved to ratify the Commission's actions. Ms. Hahn seconded the motion. Motion carried 5:0 Civil Service Commission Open Session November 24, 2015 I • SUBJECT DISCUSSION ACTION Announcements Next Meeting: Tuesday, December 22, 2015 — 3:00 p.m. Adjournment Mr. Jose moved to adjourn the meeting at 3:47 p.m. Mr. Low seconded the motion. Motion carried 5:0 Submitted by: Barbara Davis, Staff Support Clerk O Approved as circulated. O Approved with amendments. See minutes of Reviewed and Approved by: meeting. Roy Morita, Chair