HomeMy WebLinkAbout2016_0524_Minutes Open_APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as circulated 7/26/16
Board /Committee:
CIVIL SERVICE COMMISSION
Meeting Date
May 24, 2016
Location
Mo'ikeha Building, Liquor Control Commission, Meeting Room
Start of Meeting: 3:01 p.m.
End of Meeting: 4:22 p.m.
3
Present
Chair John Low; Vice Chair Richard Jose. Members: Fely Faulkner; Nancy Golden; Elizabeth Hahn; Jeffrey Iida; Karen Matsumoto
Also: Deputy Attorney Shoshana O'Brien; Boards & Commissions 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 Commission 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 17th to the 28th.
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
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
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
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
Civil Service Commission
Open Session
May 24, 2016
Page 2
SUBJECT
DISCUSSION
ACTION
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. lida 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 form 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 them to
try 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
Civil Service Commission
Open Session
May 24, 2016
Page 3
SUBJECT
DISCUSSION
ACTION
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
farmed 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 fully 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
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
Civil Service Commission
Open Session
May 24, 2016
MIMA
SUBJECT
DISCUSSION
ACTION
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 appeal.
Executive
Ms. Hahn moved to go into Executive Session at
Session
3:26 p.m. Mr. Jose seconded the motion.
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
Civil Service Commission
Open Session
May 24, 2016
Page 5
SUBJECT
DISCUSSION
ACTION
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
carried 7:0
Submitted by:
Barbara Davis, Staff Support Clerk
O Approved as circulated.
() Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
John Low, Chair