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HomeMy WebLinkAbout2016_0726_AgendaPacketr John Low Members: Chair Fely Faulkner Elizabeth Hahn Jeffrey Iida Richard Jose Karen Matsumoto Vice -Chair COUNTY OF KAUA'I CIVIL SERVICE COMMISSION NOTICE OF MEETING AND AGENDA Tuesday, July 26, 2016 3:00 p.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lzhu'e, HI 96766 CALL TO ORDER ROLL CALL APPROVAL OF MINUTES Open Session Minutes of May 24, 2016 DIRECTOR'S REPORT CRC 2016 -08 June 2016 and July 2016 Director's Reports EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes § §92 -4, 92 -5 (a) (4), and 92 -9 the Commission anticipates convening in executive session to review and approve Executive Session minutes and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and /or liabilities. ES -007 Executive Session Minutes of May 24, 2016 RETURN TO OPEN SESSION Ratify Commission actions taken in Executive Session for items: ES -007 ANNOUNCEMENTS Next Meeting: Tuesday, August 23, 2016 — 3:00 p.m., Mo'ikeha Building, Liquor Conference Room 3. ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92 -7 (a), hold an executive session on any agenda item the Commission may, when deemed necessary, 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 H.R.S. §92 -4 and shall be limited to those items described in H.R.S. §92 -5(a). c: Deputy County Attorney Teresa Tumbaga PUBLIC COMMENTS and TESTIMONY 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 will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. 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: Civil Service Commission Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 Email: bdavis @kauai.gov Fax: 241 -5127 Phone: 241 -4919 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards & Commissions Support Clerk at 241 -4919 at least five (5) working days prior to the meeting. Civil Service Commission — July 26, 2016 Page 12 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: CIVIL SERVICE COMMISSION Meeting Date May, 24, 2016 Location Mo'ikeha Building, Liquor Control Conunission, Meeting Room 3 Start of Meeting: 3:01 p.m. End of Meeting: 4:22 p.m. Present Chair John Low; Vice Chair Richard Jose. Members: Fely Faulkner; Nancy Golden; Elizabeth Halm; Jeffrey Iida; Karen Matsumoto Also: Deputy Attorney Shoshana O'Brien; Boards & Con emissions Office Staff Support Clerk Barbara Davis and Administrator Jay Furfaro; Director of HR Janine Rapozo Excused Absent SUBJECT DISCUSSION ACTION Prior to the start of the meeting Council Administrative Assistant Eddie To enio gave the Oath of Office to new Corrunission Member Fely Faulkner. Call To Chair Low called the meeting to order at 3:01 Order/Roll Call p.m. with 7 members present. Chair Low called for a motion to amend the agenda to correct the June meeting date from the 17 °i to the 28t". Mr. Iida so moved. Mr. Jose seconded the motion. Motion carried 7:0 Approval of Open Session Minutes of March 22, 2016 Mr. Iida moved to approve the minutes as Minutes circulated. Ms. Matsumoto seconded the motion. Motion carried 7:0 Director's CRC 2016 -07 April 2016 and May 2016 Director's Reports Reports d Ms. Rapozo said a lot of April was focused on the annual budget for FY 2017. The budget is still with the County Council for final approval, but at this point N there were no cuts that were made to the HR Department's budget. The actual line item budget is included in your packet along with the budget presentation that was submitted to Council. In May the focus was on Unit 14 trying to get that arbitration award approved. Kauai County Council voted 7 to 0 to 6� � Civil Service Commission Open Session May 24, 2016 Page 2 SUBJECT DISCUSSION ACTION approve the raises. Maui County took the measure up in March and deferred it until earlier this month. They finally did approve it after a lot of public testimony and public sign waving. Going forward it does inform our legislative bodies, even if it is final and binding, it still has to go through the process to get funded. All of the jurisdictions are aware of that now versus in the past our County Council used to say it was a done deal and they just have to approve it, but it is not that way. In the upcoming biennium there will be 8 contracts to look at negotiating. The State has 14 (contracts) total including teachers, UH, nurses, and it is all negotiated at the same time. Mr. Iida asked why the contracts are only for two years. Ms. Rapozo said historically it has been that way. There have been 4 year contracts and a 6 year contract with SHOPO but that was because it was so delayed by the time they actually got a contract that two years had already passed. The employer group side has tried for longer contracts but the union would like to reopen sooner. Mr. Iida said when you go for two years and things drag on you are starting again already and it makes more work (for the negotiators). Mr. Jose was asked how he felt about it to which he said when you have a two year contract it might not be a good one to start with, and they (Unit 14) are trying to get a new contract on board and trying to find where they are going to put their roots down. From his standpoint a two year contract is not the greatest — they try to shoot for a minimum of three but if it is pretty good they go for five. Ms. Rapozo added that given the financial situation of the employers the union is probably looking that it is not the best time to go lengthier because there is no money. Mr. Low said he noticed HR had problems with the new fonn 1095C and asked if that had been resolved. Ms. Rapozo said they did get the report out to all the employees, but there is still one more report due to the IRS on June 30. The IRS is not ready to receive the report yet and we are working with their to try Civil Service Commission Open Session May 24, 2016 Page 3 SUBJECT DISCUSSION ACTION to ensure that next year we don't have as many manual updates to do. The rules with the IRS were not clear and still are not clear so we have asked for guidance, but have not been able to resolve a lot of it. The other counties have encountered the same problems. Mr. Low said the budget report to the Council was very impressive and very well done. Ms. Matsumoto asked what kind of effect ACT 152 (related to Employees Retirement System) was having on the budget. Ms. Rapozo said it is being fanned out to all of the departments who have retirees and they have to come up with it in their budget. Ms. Matsumoto said this is going to be on -going and asked what measures are being taken. Ms. Rapozo said they had a conference call with the ERS to figure out how they came up with the figure ($1.6 million). ACT 152 spiking bill basically did two things. Anyone hired after 2012 certain portions of their compensation is no longer considered for retirement purposes so that helps going forward, but everybody hired prior to 2012 their overtime, their temporary assignments, and certain types of compensation gets added into their final compensation to determine their actual retirement. The actuarial does not look at all of that because it was not part of their base salary. What the Legislature did in 2012 was to say the counties or the State needs to pay the difference. Because of "spiking" by someone about to retire, whether intentionally or not, their retirement would go up tremendously and it was not budgeted for in their actual retirement. The departments have been told they have to look at their overtime and their temporary assignments and the only way they can control it is what is going into someone's salary. Ms. Hahn asked with the legalizing of (medicinal) marijuana and the drug testing that we do to guarantee our employees are fiilly capable of doing their jobs, what kind of effect will that have? Ms. Rapozo said right now most of the contracts do not recognize medical marijuana so a fireman or policeman Civil Service Commission Open Session May 24, 2016 SUBJECT DISCUSSION ACTION cannot do medical marijuana. Federal law says a CDL driver cannot do medical marijuana. We are only looking at possible white- collar HGEA or non -CDL UPW employees that possibly might have a medical marijuana card. HGEA does not address it so if they are on medical marijuana we would still note it as a positive. The agreement signed with UPW a few years ago there is a stipulation that says if the person is on medical marijuana the MRO (Medical Review Officer) is to report that as a negative. While concerned about that it is in the agreement so we will look at it more closely next June. Another situation that comes up with medical marijuana is the use of marinol which is a (legal) prescription drug. The tests we use cannot distinguish between marinol and marijuana, so if they have a prescription for marinol and they are positive the MRO has no choice but to deem them as negative. Ms. Matsumoto asked if they were doing pre - employment physicals. Ms. Rapozo said they are doing pre - employment physicals only if they are safety sensitive. We are still working to define that as there is no concrete definition of safety sensitive. Mr. Jose asked for further information on the pilot repricing project. Ms. Rapozo said as part of an agreement with UPW the employer group and the union agreed to do a pilot repricing project in which they look at all the positions within the bargaining unit. The repricing allowed employees as well as departments or the union to submit a request to the employer and say they did not think they were priced correctly in relation to some other BC. We are at the stage where all of the requests have been received and we will have hearings on all of the islands. Ms. Matsumoto did not think they were looking at positions but rather classes. Referring to the pricing project, because it is negotiated Ms. Matsumoto asked would the Civil Service Commissions and the Merit Appeals Boards get involved. Ms. Rapozo said part of the project is there is no a ppeal. Executive Ms. Hahn moved to go into Executive Session at Session 3:26 p.m. Mr. Jose seconded the motion. Civil Service Commission Open Session May 24, 2016 Page 5 SUBJECT DISCUSSION ACTION Motion carried 7:0 Chair Low read the Hawai'i Revised Statutes provision as detailed on the agenda to take the Commission into Executive Session for ES -006 to make a decision for any Salary Adjustment for the Director of Human Resources. Return to Open Ratify Commission actions taken in Executive Session for items: ES -006 Mr. Iida moved to ratify the Commission's Session decision on the Salary Adjustment for the Director. Ms. Hahn seconded the motion. Motion carried 7:0 Announcements It was announced that Ms. Golden's last meeting will be the June meeting and Chair Low thanked her for all her help. Ms. Golden said she has learned so much and thanked everyone for that. Next Meeting: Tuesday, June 28 — 3:00 p.m. Adjournment Mr. Iida moved to adjourn the meeting at 4:22 p.m. Mr. Jose seconded the motion. Motion cairied 7:0 Submitted by: Barbara Davis, Staff Support Clerk () Approved as circulated. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. John Low, Chair 0 DEPARTMENT OF HUMAN RESOURCES DIRECTOR'S REPORT TO THE CIVIL SERVICE COMMISSION JUNE 2016 The fiscal year 2016 -2017 County budget was approved by the County Council and signed by the Mayor this past month. During budget deliberations, Councilmembers looked at vacant positions and were successful in eliminating six (6) vacant positions - Council Services Administrator, GIS Analyst, Engineering Drafting Technician I and three (3) School Crossing Guards. At the same time, the Council included funding for the Unit 14 raises that were recently approved by all jurisdictions for the upcoming fiscal year. The Employer group and the United Public Workers (UPW) union began repricing hearings on the island of Maui. Five (5) proposals were submitted by the union for County of Maui positions in various classes of work to be repriced. The next hearings will be held on the Big Island with ten (10) proposals scheduled to be heard. Kauai County's hearings will be held in July with final hearings and deliberations to be held on Oahu during the first week in August. Negotiations continue with employer caucuses held to discuss proposals for the Hawaii Firefighters Association (HFFA), the Hawaii Government Employees Association (HGEA) and the United Public Workers (UPW) union. A labor management meeting is scheduled in July with the State of Hawaii Organization of Police Officers (SHOPO) to begin negotiations with this union group. Summer hire processing was in full swing this month involving our various divisions from recruitment, transactions, benefits and new hire processing. This year, all summer hires completed their pre - employment forms electronically through our NeoGov On- Boarding Program. Aside from gaining efficiency, new hires were afforded more flexibility in completing their paperwork, background check (fingerprinting) and pre - employment drug screen rather than having to come in on a single day. In addition, the department is fortunate to have a summer intern in our office assisting with the summer hires for the various programs. SRC a 6 Following are highlights and statistics from the various divisions: Administrative Services and Benefits • Open enrollment for the County's Flex Spending Program was held from May 23`d to June 8`h; in addition to online enrollment, informational group and individual meetings were available for employees needing to speak to an A1lState representative. • New Hires: Deputy Prosecuting Attorney (exempt) Emergency Services Dispatcher I Managing Director (exempt) Ocean Safety Officer I Park Caretaker I Senior Clerk Waterworks Inspector I • Exit Interviews Conducted: 5 of 10 • TDI Applications • Leave Sharing: • Reference Checks: • Employment Verifications: • Transactions: 2 (2 denied) 2 (1 approved; 1 denied) 9 13 New Hires _ Separations 5 6 Reallocations 8 Promotions 2 Demotions 0 Transfers 1 Pay Increase 28 Suspension 2 Leave Without Pay 50 Other 26 Seasonal 6 Classification and Pav and Labor Relations • Negotiations with the Hawaii Firefighters Association continued with the next meeting scheduled for June 30th in Kona. • Employer caucuses were held to discuss possible contract proposals for both the Hawaii Government Employers Association (HGEA) and the United Public Workers (UPW) unions. • Reallocations Processed: Bus Driver (substitute) to Bus Driver (fulltime) (exempt) 2 Chief Examiner & Motor Vehicle Inspector to Vehicle Registration & Licensing Manager Civil Defense Manager to Civil Defense Plans and Operations Officer Equipment Operator III to Solid Waste Working Supervisor (2) Fire Fighter Trainee to Fire Fighter I (2) SPF SIG Specialist to PFS Prevention Coordinator (exempt) Treasury Support Clerk to Vehicle Titles & Registration Technician • Desk Audits: Police Investigations Support Clerk to Investigative Support Technician (2) • New Classes Adopted: Vehicle Registration & Licensing Manager Recruitment and Exam • Staff continued to assist with the placement of youth in our various summer employment programs. Students were placed in our Summer Enrichment Program, Water Department Internship Program, County Internship Program and new this year, our State Department of Vocational Rehabilitation (DVR) Program. In all, one hundred forty -five (145) youth have been hired and are gaining valuable work experience from their various job sites. • Recruitments: Bus Driver (exempt) Building Code Development & Enforcement Manager (repost) Civil Defense Plans & Operations Officer County Engineer (exempt) Deputy County Attorney (exempt) Election Clerk II (exempt) Heavy Vehicle & Construction Equipment Mechanic II Land Surveyor II (repost) Legal Clerk II Maintenance Worker I Police Services Officer (repost) SCADA Project Manager /Inspector (exempt) Scale Attendant Senior Clerk TVR Permit Enforcement Research Specialist (exempt) • Lists Referred to Departments: Accountant I Bus Driver (exempt) Civil Engineer III 3 • Written Exams Administered: • Performance Exams Administered: • Administrative Reviews: Payroll DVR Summer Hire Candidates (exempt) Election Clerk II Fire Fighter II (Rescue) Janitor II Managing Director (exempt) Plant Electrician Helper Police Evidence Utility Clerk Police Services Officer SCADA Project Manager- (exempt) Scale Attendant Summer Youth Program Candidates (exempt) Community Service Worker Liquor Control Investigator Trainee Police Services Officer Traffic Signs & Marking Supervisor None Liquor- Control Investigator Trainee (sustained) • Coordinating with the State Department of Human Resource Development (DHRD) to implement the Parllimc, Temporary and Seasonal (PTS) Memorandum of Understanding (MOU) deferred compensation plan. An initial conference call has been scheduled to bring all parties to the table including the State's third party administrator, Life Insurance Company of the Southwest and its subcontractors, National Benefits Services and Comprehensive Financial Planning, Inc. • Gross Payroll: 05/15/2016 $33407,163 05/31/2016 $3,376,376 EUTF (Health Fund) $1,2523862 ERS (Retirement) $1,316,294 Social Security $2581376 Medicare $901547 Employee Development and Health Services • Quarterly reviews for forty -four (44) workers' compensation claims from Public Works, Parks and Recreation, Water, Transportation, Finance, Fire, Police and the Mayor's Office were held with FIRMS (First Insurance Risk Management Services) and Atlas Insurance to monitor progress and determine course of action for long standing cases. M • David Ching, from Atlas Insurance conducted twenty -three (23) ergonomic assessments for the Finance -Real Property Division. Recommendations were provided to employees on equipment needs or physical changes to provide for a safer work environment. • Ninety -two (92) employees attended an all day training on "Conducting Proper Workplace Investigations" with Sarah Wang, Esq. • Equipment/Driver Training: Case Pay Loader (1 Public Works' employee) Waste Management Water Trick (1 Public Works' employee) County Roll -Off Truck (1 Public Works' employee) Front End Loader (3 Parks employees) 5 d DEPARTMENT OF HUMAN RESOURCES DIRECTOR'S REPORT TO THE CIVIL SERVICE COMMISSION JULY 2016 As the end of the fiscal year came to a close, the department completed all of the necessary payroll certifications to ensure the processing of pay raises for all employees in bargaining units 11 and 12, lump sum payments for all employees in bargaining units 3 and 4, executive appointee pay raises as recommended, and the establishment and associated changes for all unit 14 employees. Additional changes needed to be made with the transfer of the maintenance functions and personnel from the Department of Public Works to the Department of Parks and Recreation. The Employer group and the United Public Workers (UPW) union continued repricing hearings in Kona this month. Ten (10) proposals were submitted by the union for County of Hawaii positions in various classes of work requesting to be repriced. The next hearings will be held on Kauai on July 13 -14, 2016 with seven (7) proposals scheduled to be heard. The final hearings and deliberations to be held on Oahu during the first week in August. Statewide, there were a total of seventy (70) repricing requests submitted without any vetting from the UPW. As such, although many of the requests are not repricing issues but rather classification issues, the workload on staff has been burdensome in the numerous reviews needed to be completed. Although negotiations have continued with the Hawaii Firefighters Association (HFFA), in preparation for possible arbitration, the Employer group has decided to hire Special Counsel to assist with preparing and presenting our case to an arbitration panel. County Council approval was obtained should it become necessary to move forward with engaging the assistance of Special Counsel. Negotiations with the other unions (Hawai`i Government Employees Association (HGEA), the United Public Workers (UPW) and the State of Hawaii Organization of Police Officers (SHOPO)) has also begun. I�� Following are highlights and statistics from the various divisions: Administrative Services and Benefits Enrollment for the County's Flex Spending Program beginning July 15` was completed with participating employees receiving their new membership cards for use as needed. Peter Eddy from Island Savings /Prudential Retirement is scheduled to be available for individual employee appointments on July 19, 2016 to discuss deferred compensation options with interested employees. An amendment to FIRMS' (First Risk Management Services) contract no. 8504 for the continuation of third party administrator services for workers' compensation claims was executed for the upcoming fiscal year. 0 New Hires: Accountant I Bus Driver (2) (exempt) Civil Engineer VI Election Clerk I (exempt) Election Clerk II (exempt) Groundskeeper Housing Self - Sufficiency Specialist I (exempt) Legal Clerk II Park Caretaker I Repair Shop Utility Worker Tax Cleric (exempt) • Exit Interviews Conducted: 3 of 6 TDI Applications 0 • Leave Sharing: 1 (1 approved) 0 Reference Checks: 12 Employment Verifications: 17 • Transactions: New Hires 8 Separations 8 Reallocations 3 Promotions 3 Demotions 1 Transfers 4 Pay Increase 38 Suspension 0 Leave Without Pay 19 Other 42 Seasonal 27 2 Classification and Pay and Labor Relations • Staff completed standardized organizational charts for all departments and trained all necessary departmental personnel to ensure the upkeep and maintenance of these documents, on an on -going basis; charts have also been posted on the County's SharePoint site for easy access. • Repricing hearings and union negotiations continued during the month. • Reallocations Processed: Equipment Operator Trainer to Safety and Driver Improvement Coordinator Fire Fighter Trainee to Fire Fighter I (2) Fire Fighter Trainee to Fire Fighter III Fire Fighter I to Fire Fighter Trainee (2) Fire Fighter I to Firefighter III Fiscal Specialist to Accountant I Real Property Appraiser I to Real Property Appraiser IV Senior Clerk to Tax Clerk Wastewater Operations Superintendent to Wastewater Treatment Plant Superintendent • Desk Audits: Abstractor II to Tax Maps Supervisor • New Classes Adopted: Safety and Driver Improvement Coordinator Recruitment and Exam • Preparing notices and tests for promotional testing in the next couple of months for both the Kauai Police Department and the Kauai Fire Department • Recruitments: ADU /TVR Enforcement Specialist (exempt) Bus Driver (exempt) Building Code Development & Enforcement Manager (continuous recruitment) County Auditor (exempt) Custodian I (exempt) Customer Service Representative Deputy County Attorney (exempt) Deputy Fire Chief (exempt) Deputy Prosecuting Attorney (exempt) DVR Summer Youth Program (exempt) Election Clerk II (exempt) Grant Fiscal Specialist (exempt) Land Surveyor II (continuous recruitment) Managing Director (exempt) Mechanical Worker Ocean Safety Officer I 3 Payroll Clerk (exempt) Personnel Support Clerk (exempt) PFS Prevention Coordinator (exempt) Police Services Officer Recreation Worker I (exempt) Program Support Specialist Solid Waste Worker II Tax Clerk Tax Collections Assistant Traffic Signs & Marking Supervisor TVR Permit Enforcement Research Specialist (exempt) Utility Worker Vehicle Registration & Motor Vehicle Licensing Manager (continuous recruitment) Lists Referred to Departments: ADU /TVR Enforcement Specialist Bus Driver (exempt) Civil Defense Plans and Operations Officer Custodian I (exempt) Deputy County Attorney (exempt) Election Clerk (exempt) Emergency Services Dispatcher I Fire Fighter III Grant Fiscal Specialist (exempt) Groundskeeper Legal Clerk II Managing Director (exempt) Mechanical Repair Worker Payroll Clerk (exempt) Personnel Support Clerk (exempt) PFS Prevention Coordinator (exempt) Planner I Police Services Officer Program Compliance Specialist (exempt) Recreation Worker I (exempt) Summer Youth Program Candidates (exempt) Tax Clerk Traffic Marker TVR Permit Enforcement Research Specialist (exempt) Written Exams Administered: Emergency Services Dispatcher I Heavy Vehicle & Construction Equipment Mechanic II Liquor Control Investigator Trainee rd • Performance Exams Administered: • Administrative Reviews: Payroll Police Services Officer Traffic Signs & Marking Supervisor None Legal Clerk II (sustained) • Conference call was held with the State Department of Human Resource Development (DHRD) and the State's third party administrator, Life Insurance Company of the Southwest and its subcontractors, National Benefits Services and Comprehensive Financial Planning, Inc. to implement the Parttime, Temporary and Seasonal (PTS) Memorandum of Understanding (MOU) deferred compensation plan. A timeline has been developed to delineate responsibilities among the various parties. • Gross Payroll: 06/15/2016 $3,493,117 06/30/2016 $3,6372597 EUTF (Health Fund) $1,268,367 ERS (Retirement) $1,281,357 Social Security $266,569 Medicare $95,634 Employee Development and Health Services • Four (4) new workers' compensation claims were filed this month; staff has followed up with departments to mitigate hazards, make operational changes and issue discipline as needed to prevent subsequent injuries. • Guidance continues to be provided to different departments on various personnel issues including pre - grievance issues, terminations, disciplinary/performance issues, safety, attendance /leave issues, investigations, and drug and alcohol testing procedures. • Mediation sessions were coordinated and held with Kauai Fire Department staff as a follow up to Workplace Violence complaints. • An in -house customer service training was conducted by HR staff to seventeen (17) KPD employees; the training is now being requested for the rest of the employees at the KPD and scheduled next month with Public Works • An "EAP Orientation for Supervisors and Managing Stress in the Workplace" was presented by Worklife Hawaii to thirty -six (36) employees. • Equipment/Driver Training: Solid Waste Refuse Collections (3 Public Works' employees) CAT Motor Grader #568 (2 Public Works' employees) Solid Waste Roll -off Truck (1 Public Works' employee) Pierce Kenworth Command Vehicle (2 KPD employees) 5