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HomeMy WebLinkAbout2019_0806_CSC_PacketRichard Jose Members: Chair Fely Faulkner Elizabeth Hahn Vonnell Ramos Jeffrey Iida Beth Tokioka Vice Chair Ricky Watanabe COUNTY OF KAUA'I CIVIL SERVICE COMMISSION NOTICE OF MEETING AND AGENDA Tuesday, August 6, 2019 3:00 p.m. Hawaii Standard Time or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 CALL TO ORDER ROLL CALL APPROVAL OF MINUTES A. Open Session Minutes of July 2, 2019 ACTING ❑IRECTOR'S REPORT CSC 2019-15 Acting Director's Reports, Announcements and Pertinent Updates for the July 2019 period. A. Labor contracts and negotiations B. Administrative Services and Benefits C. Classification and Pay and Labor Relations D. Recruitment and Exam E. Payroll F. Employee Development and Health Services G. Investigations - Decision -Making & Progressive Discipline Flowchart H. Attachment 1 - Discipline Guidelines, Revised 06119 1. Attachment A --Level of Severity.'Category of Offenses, Revised 06 � 19 2. Attachment B - County of Kauai Parks & Recreation Notice of Disciplinary Action, Form HR-432 (5'16) COMMUNICATIONS CSC 2019-16 Communication dated July 3, 2019 from Charter Review Commission Vice Chair Jan TenBruggencate to Chair Richard Jose and the Civil Service Commission regarding a Request for any proposals to amend the Charter. An Equal Opportunity Employer EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §§92-4, 92-5 (a) (2) (4), 92-9 (a) (1-4) and (b) the purpose of this Executive Session is to receive and approve Executive Session minutes, and to discuss the hiring of a new Director of Human Resources and other related matters where consideration of matters affecting privacy will be involved, and to consult with the Commission's legal counsel on questions and issues pertaining to the Commission's and County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this agenda item. (On -going) ES-012 Executive Session Minutes of July 2, 2019 ES-013 Discussion and implementation of the hiring process to begin selection of a Director of Human Resources. (On -going) A. Report from the Permitted Interaction Group (PIG) on its recommendations on the list of applicants that met the minimum criteria. B. Review list of questions received from the Commissioners as a possible list for use in the essay or interview phase. BUSINESS CSC 2019-17 Discussion and implementation of the hiring process to begin selection of a Director of Human Resources. [12/11/18, 1/22/19, 2/26/19, 3/19/19, 4/2/19, 5/7/19, 6/4/19, 7/2/19] A. Discussion on formulating the process for requiring a written essay as a next step in the hiring process; I . Select a Commissioner to work with the Administrator on formulating the essay questions and rating criteria. 2. Possible formation of a Permitted Interaction Group (PIG) pursuant to Hawaii Revised Statutes Section 92- 2.5(b)(1-2) which scope of duties may include: a. Formulate essay questions that would be sent to the list of applicants that met the minimum criteria. b. Screen and review essay responses to eliminate the applicants that do not meet the minimum rating criteria. B. Discussion on formulating the process for the oral interview step in the hiring process. 1. Select a Commissioner to work with the Administrator on formulating the list of interview questions. C. Next steps in hiring process: personal or professional references, certificates or diplomas and letters of recommendation. Civil Service Commission - July 2, 2019 Page 12 ANNOUNCEMENTS Next Meeting: Tuesday, September 3, 2019 3:00 p.m., Mo'ikeha Building, Liquor Conference Room 3. 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 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 in HRS §92-5(a). cc: Deputy County Attorney Todd Jenson 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: Sandra Muragin Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 Email: smuragin@kauai.gov Fax: 241-5127 Phone: 241-4919 PECIAL ASSISTANCE If you need an auxiliary aid/service, other accommodation due to a disability, or an interpreter for non-English speaking persons, please contact the Office of Boards and Commissions at (808) 241-4917 or asegreti(a kauai gov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Civil Service Commission - July 2, 2019 Page 13 CoUNnoFK,UAI I�'�li10��-'j�r�u�l Minutes of Meeting OPEN SESSION Board/Commission: I CIVIL SERVICE COMMISSION Meeting Date: I July 2, 2019 Location Mo'ikeha Building, Liquor Conference Room 3 Start of Meeting: 3:00 p.m. End of Meeting: 4:43 p.m. Present Chair Richard Jose. Vice Chair Jeffrey Iida. Members: Fely Faulkner, Elizabeth Hahn, Vonnell Ramos, Beth Tokioka, and Ricky Watanabe. Also: First Deputy County Attorney Nicholas Courson. Acting Director of Human Resources Janine Rapozo (left at 3:16 p.m.). Office of Boards and Commissions Staff. Administrator Ellen Ching, Administrative Specialist Anela Segreti (arrived 3:19 p.m. and left at 4: 05 p.m.) and Commission Support Clerk Sandra Muragin. Excused Absent SUBJECT DISCUSSION ACTION Prior to the meeting being called to order, Administrative Assistant to the County Clerk Eddie Topenio administered the Oath of Office to Commissioner Ricky R. Watanabe serving a first term ending 12/31/22. Call To Chair Jose called the meeting to Order/Roll Call order at 3:00 p.m. with seven members constituting a quorum. Approval of Open Session Minutes of June 4, 2019 Vice Chair Iida moved to Minutes approve the Open Session minutes of June 4, 2019, as circulated. Ms. Tokioka seconded the motion. Motion carried 7:0. Acting CSC 2019-12 Acting Director's Reports, Announcements and Pertinent Updates for the Director's June 2019 period. Report a. Labor contracts and negotiations b. Administrative Services and Benefits C. Classification and Pay and Labor Relations Civil Service Commission Open Session July 2, 2019 Page 2 SUBJECT DISCUSSION ACTION d. Recruitment and Exam e. Payroll f. Employee Development and Health Services Acting Director of Human Resources Janine Rapozo reviewed the June report with the Commission (on file). The County Council approved the Hawaii Fire Fighters two year contract that included a 2% across the board increase as well as a yearly $1,800 to $2,000 bonus. United Public Works (UPW) and State of Hawaii Organization of Police Officers (SHOPO) also received a raise effective July 1, 2019. Ms. Rapozo said the other five Hawaii Government Employees Association (HGEA) bargaining units do not have a contract and arbitration has been set to start September 2019 until January 2020. Ms. Rapozo updated the Commission on several trainings that was recently rolled out. The first was a DiSC workshop presented to Mayor Kawakami, department heads and deputies. DiSC is a behavioral assessment that provided tools on how to work and connect better with others, and understand different personalities. The second training was conducted by Human Resources Manager Jill Niitani and herself for the supervisors of Parks & Recreation and Public Works on investigations and progressive discipline. Ms. Rapozo informed the Commission that as requested the advertisement for the Director of Human Resources went out in mid -June to all the places they requested with a July 19th deadline date. Vice Chair Iida asked for an explanation on the grievance hearing regarding violation of the time limitation noted in the first bullet on page 3 under Classification and Pay and Labor Relations. Ms. Rapozo explained that the SHOPO contract had a three year statutes of limitations on administrative investigations. The Police Department conducted an investigation and SHOPO grieved that the incident happened four to five years prior. Chair Jose announced he was implementing a new procedure going forward and asked fora I Ms. Tokioka moved to receive Civil Service Commission Open Session July 2, 2019 Page 3 SUBJECT DISCUSSION ACTION motion to receive the report for the record. the Acting Director's June 2019 Report, as circulated. Ms. Faulkner seconded the motion. Motion carried 7:0. Communications CSC-2019-13 Communication dated May 30, 2019 from Acting Human Resources Vice Chair Iida moved to Director Janine Rapozo to Boards and Commissions Administrator Ellen Ching regarding receive the communication Pay Adjustment Requests for Commission -Appointed Officers. dated May 30, 2019 from Acting Human Resources With no discussion required, Chair Jose called for a motion to receive the communication. Director Janine Rapozo to Boards and Commissions Administrator Ellen Ching regarding Pay Adjustment Requests for Commission - Appointed Officers. Ms. Hahn seconded the motion. Motion carried 7:0. Business CSC-2019-14 Discussion and implementation of the hiring process to begin selection of a Director of Human Resources. [12/11/18, 1/22/19, 2/26/19, 3/19/19, 4/2/19, 5/7/19, 6/4/19] a. Report from Human Resources on advertisement update and placement. b. Update from Boards and Commissions on the receipt of applications. c. Review and possible approval of the Criteria Scoring Worksheets. Administrator Ellen Ching said information on the advertisement was stated during the Acting Directors June report. Commission Support Clerk Sandra Muragin informed the commissioners that as of July 2nd the Office of Boards and Commissions received 19 resumes. Ms. Ching referred the Commission to the draft criteria scoring worksheet included in their packet. Chair Jose announced that they would discuss each portion individually and re uired a motion for each section of the worksheet. Civil Service Commission Open Session July 2, 2019 Page 4 SUBJECT DISCUSSION ACTION 1. Resume section — There were no changes. Motion No. 1 Vice Chair Iida moved to accept the resume section as circulated in the draft criteria scoring worksheet. Ms. Hahn seconded the motion. Motion carried 7:0. 2. Mandatory Qualifications section — There were no changes. Mr. Watanabe inquired who would verify that a candidate had the mandatory qualifications of training or experience to which Ms. Ching replied that the Commission would decide, and shared that it could be the responsibility of the Motion No. 2 Commission as a whole, the PIG or HR. Ms. Tokioka moved to accept the mandatory qualifications section as circulated in the draft criteria scoring worksheet. Vice Chair Iida seconded the motion. Motion carried 7:0. 3. Education section - There were no changes. Motion No. 3 Ms. Tokioka moved to accept the education section as circulated in the draft criteria scoring worksheet. Vice Chair Iida seconded the motion. Motion carried 7:0. 4. Critical Performance Factors section — Ms. Ching shared that the Police Commission used part of the performance evaluation in their scoring worksheet; however, they did not use the same wording, they only used the wording provided in red. The process for the Police Commission was to first review the resumes using a criteria scoring worksheet, which narrowed the field of applicants. The second step was to send the remaining applicants a couple of questions that required a written essay. Civil Service Commission Open Session July 2, 2019 Page 5 SUBJECT DISCUSSION ACTION The applicants that passed the second step were then moved on to the third step which was the oral interview. Ms. Tokioka stated that they did not ask potential applicants to include these in their resume and felt it would be difficult to extract some of the criteria's noted in this section. It would not work well as a screening tool unless it was reworded and requested to pull out "Achieving Goals." Ms. Tokioka also asked to change the score to a one to five rating. Ms. Faulkner favored including essay questions to broaden their picture of the applicant and to compare their ability to communicate in writing and verbal response. Mr. Ramos felt that the applicant should have the opportunity to present their responses in other formats, like power point. A power point presentation would be capable or highlighting their leadership style and skills in the same manner as an essay. For clarity, Ms. Tokioka outlined the interview process. She said the first step would be to complete the criteria scoring worksheet for each resume. The passing resumes would move forward to the second step which would be to complete an essay on leadership capabilities or how they plan and organize and their answer in an essay or format of their choosing which would be reviewed by the Commission as a whole or PIG. The passing resumes would then move forward to the oral interview. Motion No. 4 Ms. Faulkner moved to retain the entire critical performance factors section as circulated in the draft criteria scoring worksheet. Ms. Tokioka seconded the motion. Motion Ms. Hahn preferred keeping only the red section. Ms. Tokioka requested the carried 7:0. customer service section be shortened to "has the applicant demonstrated experience in meeting customer needs." Mr. Ramos requested they use the same rating system Motion No. 5 as outlined on the evaluation form. Ms. Faulkner moved to Civil Service Commission Open Session July 2, 2019 Page 6 SUBJECT DISCUSSION ACTION withdraw her motion to retain the entire critical performance factors section as circulated in the draft criteria scoring worksheet. Motion carried 7:0. The Commission requested a copy of the evaluation form. Chair Jose called for a recess at 3:53 p.m. Chair Jose called the meeting back to order at 3:57 p.m. Ms. Ching read the rating score from the DHR performance evaluation; 1-unsatisfactory, 2- Motion No. 6 needs improvement, 3-satisfactory, 4-excellent and 5-superior. Ms. Tokioka moved to accept the critical performance factors section as circulated in the draft criteria scoring worksheet with the following amendments; 1. Remove yes and no column and replace with a score column of 1-5 with 1-does not meet expectations, 2- somewhat meets expectations, 3-meets expectations, 4-exceeds expectations and 5- superior. 2. Keep the following sections: customer service with criteria shortened, planning and Civil Service Commission Open Session July 2, 2019 Page 7 SUBJECT DISCUSSION ACTION organizing in red, leadership in red, communication in red, personnel management in red and financial management in red. 3. Delete the following sections: achieving goals and policy development. 4. Add a total points score at the bottom. Ms. Hahn seconded the motion. Motion carried 7:0. 5. Public Information section — The Commission unanimously decided to remove this section from the worksheet and agreed to save it for use during the oral interview portion. 6. Preferred Qualifications section — The Commission discussed at length how each section should be scored and agreed on the following; • In PQ #1, the PIG would place a score on one; either for a Bachelor's degree or experience. There would be no additional points for a Master's or other credentials. Each year of experience would equal to one year of a degree or 6.25 points, up to 25 points. Bachelor's degree was 25 points. • In PQ #2, general knowledge would be 8 points and the remaining six items would be 7 points. • In PQ #3, each item would be 5 points. • Remove the yes or no column. Motion No. 7 Ms. Tokioka moved to accept the amended preferred qualifications section as Civil Service Commission Open Session July 2, 2019 Page 8 SUBJECT DISCUSSION ACTION circulated in the draft criteria scoring worksheet as follows; 1. Remove yes or no column and leave score column. 2. Score PQ #1 section with 25 points for either the bachelor's degree or experience. Experience would be calculated at 6.25 points per year of experience. 3. Score PQ #2 section with the first item, general knowledge at 8 points and the remaining six items at 7 points. 4. Score PQ #3 section with 5 points for each item. 5. Change total score to no more than 100 points. Vice Chair Iida seconded the motion. Motion carried 7:0. 7. Resume section — There were no changes. Motion No. 8 Ms. Tokioka moved to accept the resume section as circulated in the draft criteria scoring worksheet. Mr. Ramos Civil Service Commission Open Session July 2, 2019 Page 9 SUBJECT DISCUSSION ACTION seconded the motion. Motion carried 7:0. 8. Applicant Criteria Score section — Motion No. 9 Vice Chair Iida moved to accept the applicant criteria score section as circulated in the draft criteria scoring worksheet. Ms. Faulkner seconded the motion. Motion carried 7:0. After some discussion the Commission decided they did not need this section and wanted it removed. Motion No. 10 Vice Chair Iida moved to withdraw his motion to accept the applicant criteria score section as circulated in the draft criteria scoring worksheet. Motion carried 7:0. Motion No. 11 Ms. Hahn moved to remove the applicant criteria score section from the draft criteria scoring worksheet. Vice Chair Iida seconded the motion. Motion carried 7:0. 9. Recommendation and Evaluator section - There were no changes. Motion No. 12 Ms. Hahn moved to accept the recommendation and evaluator Civil Service Commission Open Session July 2, 2019 Page 10 SUBJECT DISCUSSION ACTION section as circulated in the draft criteria scoring worksheet. Mr. Ramos seconded the motion. Motion carried 7:0. Pursuant to Hawaii Revised Statutes §§92-4 and 92-5 (a) (2) (4), 92-9 (a) (1-4) and (b) the purpose of this Executive Session is to receive and approve Executive Session minutes, and to discuss the hiring of a new Director of Human Resources and other related matters where consideration of matters affecting privacy will be involved, and to consult with the Commission's legal counsel on questions and issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this Ms. Ching read the Hawaii agenda item. Revised Statutes to move the meeting into Executive Session. Vice Chair Iida moved to enter into Executive Session. Ms. Hahn seconded the motion. Motion carried 7:0. At 4:18 p.m. the Commission entered into Executive Session. Return to Open The meeting resumed in Open Session Session at 4:42 p.m. Announcements Next Meeting: Tuesday, August 6, 2019 — 3:00 p.m., Mo'ikeha Building, Liquor Conference Room 3. Adjournment With no objections, Chair Jose adjourned the meeting at 4:43 p.m. Civil Service Commission Open Session July 2, 2019 Submitted by: Sandra Muragin, Commission Support Clerk Page 11 Reviewed and Approved by: () Approved as circulated. () Approved with amendments. See minutes of meeting. Richard Jose, Chair DEPARTMENT OF HUMAN RESOURCES ACTING DIRECTOR'S REPORT TO THE CIVIL SERVICE COMMISSION JULY 2019 The arbitration award for the Hawaii Firefighters Association (HFFA) was approved by the County Council on June 261h for a new contract effective July 1, 2019 to June 30, 2021. Fire Fighters will receive a 20/0' across the board increase on July 1, 2019 and July 1, 2020 along with the continuation of the step movement plan. In addition, all Fire Fighter Is and above will receive a lump sum bonus between $1,800 and $2,000 based on their years of service on July 1, 2019 and July 1, 2020. The bill for the United Public Workers (UPW) union's negotiated settlement was heard at the County Council Committee of the Whole on July IWh. The bill was unanimously approved and forwarded to the full Council meeting on July 171h for final reading. UPW members will be receiving an additional 1.2% across the board increase on January 1, 2020 and January 1, 2021 in addition to their 200 across the board increases on July 1, 2010 and July 1, 2020. A Supplemental Agreement was signed and ratified by members of the HGEA Unit 14 bargaining unit to start a pilot project in scheduling our Ocean Safety Officers roving patrol on 4-10 hour schedules. The pilot project will be starting sometime in August. A Supplemental Agreement was signed and ratified by members of the UPW to establish reimbursement rates for steel toe shoes. We are still awaiting the final executed document to begin implementation. On July I", the department welcomed Linda Nuland-Ames as the County's EEO Officer ADA Coordinator. Linda will be the point person for all ADA accommodation requests as well as discrimination and harassment complaints. An Investigations and Progressive Discipline training was held with supervisors from the Department of Public Works (19) and the Department of Parks and Recreation (15). Aside from a power point training presentation, participants were able to practice their investigation skills with mock scenarios. An investigations flowchart (see attached) on necessary steps to take when a complaint has been received/incident has occurred was provided to all supervisors. In addition, an updated progressive discipline guide and instructions (see attached) for various types of offenses was provided to all supervisors. This training will be scheduled again for other departments in August. The Administration has committed to embarking on the acquisition of a new Human Resources Management System (HRMS) and has budgeted $2 million in the Capital Improvements Program (CIP) budget in the current fiscal year. HR will be the lead department in this project with Finance - IT as a resource. Administrative Services and Benefits • With pay raises scheduled for the UPW, HFFA and State of Hawaii Organization of Police Officers (SHOPO) on July I", staff have been busy preparing over six hundred (600) payroll certifications to ensure on time payments for these employees. • New Hires: Building Inspector Criminalist I Deputy County Attorney (exempt) Detention Facility Worker (exempt) (2) EEO Officer/ADA Coordinator Field Operations Clerk (exempt) Housing Quality Standards Inspector II (exempt) Park Security Officer Police Services Officer • Exit Interviews Conducted: 0 of 5 • TDI Applications 2 (1 approved,I denied) • Leave Sharing: 0 • Reference Checks: 12 • Employment Verifications: 16 • Transactions: New Hires 10 Separations 4 Reallocations 2 Promotions 3 Demotions 0 Transfers 2 Pay Increase 5 Suspension 4 Leave Without Pay 0 *Other 128 Seasonal 153 *Other includes miscellaneous change forms (expense distribution changes, schedule changes, personal data changes, etc.), end of/extension of temporary reallocations, add/delete pay codes, termination/rehire 89-day appointments and exempt appointments, amended payroll certifications, extension of initial probation, rescinded payroll certifications, etc. Classification and Pay and Labor Relations • Grievance hearings were held with HGEA regarding discipline without just and proper cause and the denial of legal counsel. The Department sustained both grievances and the union will now decide to proceed to arbitration if desired. 2 • Reallocations Processed: Bus Driver (Substitute) to Bus Driver (4) Construction Inspector III to Construction Inspector I Fire Fighter Trainee to Fire Fighter I KEMA Administrative Support Clerk to Emergency Management Staff Specialist I Principal Project Manager to Computer Systems Support Technician II Records Management Analyst II to Records Management Analyst I Sexual Assault Forensic Nurse Examiner Coordinator to Sexual Assault Forensic Nurse Examiner Vehicle and Titles Registration Technician I to Vehicle and Titles Registration Technician II • Desk Audits: None • New Classes Adopted: Waterworks Program Technician Recruitment and Exam • As part of their promotional process, KPD has added in a new category which includes a Performance Readiness Standards Test (PRST) and Firearms Proficiency Test. This portion of the promotional process has been postponed until the end of July due to a grievance filed by SHOPO. The process has been put on hold while KPD and SHOPO are in discussions to try and resolve the grievance. • Recruitments: Accountant I Accountant Trainee Accounting Assistant (exempt) Administrative Support Assistant Background Investigator (exempt) Bus Driver (exempt) Bus Driver (substitute) (exempt) Clerk -Dispatcher I (exempt) CZM Shoreline Subdivision Management Specialist (exempt) Director of Human Resources (exempt) Driver License Examiner II Economic Development Specialist III (exempt) Economic Development Specialist IV (exempt) Equipment Logistics Crew Operator Equipment Operator III Evidence Custodian Assistant (exempt) Field Operations Clerk (exempt) Fleet Coordinator Trainer (exempt) Grants Specialist I Grants Specialist II Heavy Vehicle Mechanic I (exempt) Heavy Vehicle Mechanic II (exempt) Housing Quality Standards Inspector II (exempt) Legal Clerk I Legal Clerk II Legal Clerk III Legal Clerk IV Legal Clerical Assistant (exempt) Meter Reader I Payroll Specialist I Pipefitter Police Services Officer Program Compliance Specialist (exempt) Project Manager Public Housing and Development Program Specialist I (exempt) Senior Motor Vehicle Financial Responsibility Clerk Sexual Assault Forensic Nurse Examiner (SANE) (exempt) Utility Worker (exempt) Waterworks Inspector I West Kauai Community Plan Assistant (exempt) • Lists Referred to Departments: Account Clerk Accounting Clerk Accounting Assistant (exempt) Administrative Support Assistant (2) Background Investigator (exempt) Bus Driver (exempt) Bus Driver (substitute) (exempt) Civil Engineer VI Clerk -Dispatcher I (exempt) CZM Shoreline 'Subdivision Management Specialist (exempt) Departmental Accounting Technician Derelict/Abandoned Vehicle Coordinator (2) Economic Development Specialist III (exempt) Economic Development Specialist IV (exempt) EEO Officer'ADA Coordinator Emergency Management Staff Specialist I Emergency Services Dispatcher I Evidence Custodian Assistant (exempt) Field Operations Clerk (exempt) (2) Fleet Coordinator Trainer (exempt) 4 Groundskeeper Heavy Vehicle Mechanic II (exempt) Housing Quality Standards Inspector II (exempt) Information Technology Project Coordinator (2) Janitor Working Supervisor (3) Legal Clerical Assistant (exempt) Payroll Specialist I (2) Program Compliance Specialist (exempt) Project Manager Public Information Officer Sexual Assault Forensic Nurse Examner (SANE) (exempt) Summer Youth Programs (exempt) Tax Collections Supervisor (2) Traffic Marker Utility Worker (exempt) Vehicle Titles and Registration Technician II West Kauai Community Plan Assistant (exempt) • Written Exams Administered: Account Clerk Customer Service Representative I (2) Emergency Services Dispatcher I Janitor Working Supervisor (2) Park Security Officer I Police Services Officer Tax Collections Supervisor Vehicle Titles and Registration Technician II • Performance Exams Administered: None • Administrative Reviews: Account Clerk (accepted) Derelict/Abandoned Vehicle Coordinator (sustained) Information Technology Program Coordinator (accepted) Land Use Permit Technician (sustained) Maintenance Worker II (accepted) Public Information Officer (accepted) Senior Clerk (2 accepted) Payroll • With the end of the fiscal year 2019 completed at the end of June, staff began preparing documents to submit to the auditors to complete the CAFR (Comprehensive Annual Financial Report). • Pay rates were revised for Unit 1 (blue collar), Unit I 1 (Fire) and Unit 12 (Police) employees in line with July 1" increases. • Gross Payroll: 6'15/2019 $3,927,323 630 2019 $3,935,738 EUTF (Health Fund) $2,055,392 ERS (Retirement) $1,635,061 Social Security $296,998 Medicare $108,220 PTS SS Savings $5,850 Employee Development and Health Services Eight (8) new workers' compensation claims were filed this month; six (6) medical -only claims, one (1) indemnity claim and one (1) controverted claim. Bi-monthly reviews for thirty (30) workers' compensation claims from Public Works, Parks and Recreation, Police, Fire, Water and Transportation were held with FIRMS (First Insurance Risk Management Services) and Atlas Insurance to monitor progress and determine course of action for high costing, problematic and long standing cases and strategies for new cases on problems that can be foreseen. FIRMS' most experienced adjuster who has worked on the County's workers' compensation account for over twenty (20) years will be retiring this year. In addition, another adjuster will also be leaving the company this month. Closer monitoring of their performance will be needed with newer staff coming on board. 6 INVESTIGATIONS — DECISION -MAKING & PROGRESSIVE DISCIPLINE FLOWCHART Complaint Received Do I have enough information to determine if an investigation is needed? Ask for written statement (or summarize allegations in writing — request for employee to confirm) Yes I I No Meet with complainant to fully understand allegations Address concern(s) Can/Should the complainant and respondent continue to work together (while investigation is ongoing)? Separate during I No Yes I Continue to work investigation together Continue Below �0tq INVESTIGATIONS - DECISION -MAKING & PROGRESSIVE DISCIPLINE FLOWCHART Disciplinary letter to Respondent& Notification to Complainant 1 Will complainant & respondent need to continue to work together? 1 Yes Take remedial steps to address fallout from investigation Assign Investigator Prepare and Send Notices to Complainant and Respondent Conduct Investigation Conclusions & Findings Investigative Report File Report to Department Head Meeting with Department Head Is discipline warranted? (Seven Tests) Yes No Letters to Complainant & Respondent Attachment 1 DISCIPLINE GUIDELINES I. GENERAL STATEMENTS a. Employees of the County of Kauai, in performing essential services for the public, are required to faithfully discharge the duties of their office or position, to conduct themselves in a manner which reflects favorably upon the County as their employer and themselves as individuals, and to observe fully all laws and rules governing their conduct as employees. b. Employees shall be informed of the rules of conduct of the workplace and the corresponding penalties for any infraction. Discipline shall be applied for "just cause," consistently and uniformly, to ensure conformance to the rules of conduct. Whenever an employee's performance is unsatisfactory, he/she shall be so informed and be given an opportunity to make the necessary corrections to perform at a satisfactory level within a reasonable period of time; except that when the employee's offense is exceptionally grave, and immediate dismissal may be merited. II. PROCEDURES a. Appropriate work rules governing employee conduct shall be established, communicated to employees, and enforced within each department. Such rules shall be related to ensuring the orderly, efficient and safe operation of the department's services and to the performance that might be properly expected of the employee. b. All procedural requirements contained in the collective bargaining agreement of the employee and/or civil service rules and regulations applicable to the employee shall be applied when taking corrective disciplinary action. c. Each alleged violation of prohibited conduct shall be investigated thoroughly and objectively. Only factual and relevant evidence shall be considered prior to applying discipline. d. Discipline shall be applied fairly, objectively, constructively and without discrimination, with due consideration to the employee's past work record and performance. In determining appropriate penalties, consideration shall also be given to past practice in enforcing the particular work rule violated and the totality of disciplinary record of the employee. e. There must be "just cause" when issuing discipline. It is recommended that supervisors apply the Seven Tests of Just Cause principles to ensure that just cause exists to justify discipline. The answer to all of the following questions must be "yes" for discipline to occur: i. Was the employee adequately warned of the consequences of the misconduct? ii. Was the work rule or order that was violated reasonably related to efficient and safe operations? eti�, aota- t5 N. iii. Did management investigate before administering the discipline? (i.e., due process) iv. Was the investigation fair and objective? v. Did the investigation produce substantial evidence or proof of wrongdoing? vi. Were the rules, orders, and penalties applied evenhandedly and without discrimination? vii. Is the discipline reasonably related to the seriousness of the offense considering the employee's past work record? Adequate records of all informal and formal disciplinary actions taken shall be maintained. III. TYPES OF DISCIPLINARY ACTIONS The following actions may be used as penalties for purpose of corrective discipline, except as noted. a. Oral Warning: Verbal notification to an employee specifying need for improvement of an employee's behavior or performance and that failure to improve (e.g., stop the unacceptable behavior) will result in more serious disciplinary action. Documentation is made by the employee's supervisor and may be also included in the employee's personnel file. b. Written Warning/Reprimand: Written notification to an employee calling attention to unacceptable behavior and including a warning unless there is improvement in his/her behavior, more severe disciplinary action will be taken. The written reprimand shall be made part of the employee's personnel file. c. Suspension: Temporary removal of an employee from duties without pay. d. Dismissal: Discharge of an employee from County service. This action is taken when the employee has been given sufficient opportunity to attain the standards of performance or behavior required by the department but has failed to do so or where the conduct is so severe that dismissal is the only penalty feasible. e. Other: Demotions and transfers should not be used as usual forms of discipline. i. Demotion: Temporary or permanent reduction of an employee from his present position to one of lower pay. Demotion should be used where the employee does not have the competence or qualifications for his/her position. ii. Transfer: The moving of an employee laterally to another position or location without a change in compensation. IV. GUIDELINES IN ESTABLISHING WORK RULES Attachment A may be utilized as a guideline for departments to formulate their own work rules. When using this guideline, the following should be considered: Page 2 of 3 Revised 06/19 a. Work rules should be formulated in consultation with the Union. b. Only those work rules which are related to the efficient and orderly operations of the department should be implemented. c. Penalties assigned to infractions of certain rules are based on generally accepted standards; however, deviations from these standards are allowed, depending upon the seriousness of the offense to the effective operations of the department concerned. For example, sleeping on the job in a private office by a secretary where the only effect of the action would be a few minutes of lost production is considered less serious than that of an equipment operator who doses off while operating an equipment which could injure the operator or others, as well as damage thousands of dollars' worth of equipment. d. Work rules once established and communicated to employees must be consistently enforced. If a period of laxity is allowed to occur, employees must once again be apprised that the rule will hence forth be enforced. V. NOTICE OF DISCIPLINARY ACTIONS A Notice of Disciplinary Action form (Attachment B) is a suggested standard form to be used for notification of a disciplinary action. Page 3 of 3 Revised 06/19 Q 7P Attachment A GROUP 1 GROUP 2 GROUP 3 Offense Type of Disciplinary Action Offense Type of Disciplinary Action Offense Type of Disciplinary Action LEVEL OF SEVERITY / 1St Oral or Written Warning 1st Written Warning 1st 1-10 days suspension* CATEGORY OF 2nd 1-10 days suspension 2nd 1-30 days suspension 2nd Dismissal OFFENSES 3'd 11-30 days suspension 3nd Dismissal 4d' Dismissal *Dismissal may be warranted for 1 n offense for conduct which exhibits extreme examples of misconduct. • Leaving the work area without permission e Leaving the job site for prolonged period • Leaving the job when the employee's for a few minutes. during regular working hours without notice desertion of work station could result in loss • Failure to report for overtime work without and permission of supervisor, except in of property, damage to equipment, or other *Unauthorized Leave; good reason after being assigned such case of sickness or other cause beyond the serious consequences. Failure to Report to work. control of employees which prevents Work • Leaving assigned work post at end of obtaining prior approval. scheduled shift without being relieved by supervisor or the relieving employee on incoming shift. • Failure to notify promptly absence from • Failure to notify of absence from work. *Excessive work. . Failure to report back to duty after the Unexpected • Tardiness; failure to commence work at termination date of leaves of absence Absences; Tardiness beginning of the work day. without prior approval. • Excessive absence which disrupts efficient operations. Carelessness or . Careless workmanship; negligence in Negligence or carelessness in observing Negligence or carelessness in the Negligence in Work performance of duty. safety rules or disregard to common safety performance (or lack of performance) of job Performance; • Repeat mistakes; Untimely performance practices. duties or responsibilities that causes or may Unsatisfactory of work. cause serious harm to others or property. Performance • Malicious mischief, horseplay, wrestling, Using abusive, offensive conduct, or Fighting or attempting injury to another or other undesirable conduct. threatening language toward a subordinate, employee or member of the public. Disruptive Conduct; • Distracting the attention of others, or fellow employee, supervisor/manager, or Repeated unwelcomed sexual advances; Horseplay; Abusive or causing confusion by unnecessary member of the public. Unwelcomed groping, rubbing, fondling, Offensive Conduct; shouting, catcalls, or demonstrations on Threatening, intimidating, coercing, or etc. Fighting; Harassment the job. interfering with employees or supervisors at • Jokes of racial, sexual, or other content any time. not appropriate for the workplace. Sharing sexually inappropriate images or videos. • Loafing, wasting of work time, or loitering. Sleeping during working hours (exceptions • Wanton and willful neglect in performing Loafing; Malingering; include firefighters). assigned duties or in the care, use, or Willful Neglect of • Disregard of job duties by neglecting work custody of any County property. Duties; Damage or or reading for pleasure during working . Abuse or deliberate destruction of County Destruction of County hours. property. Property Damage to County property (or non -County • Severe damage or destruction of County property) due to poor judgment. property. Page 1 of 3 Revised 06/19 GROUP 1 GROUP 2 GROUP 3 Offense Type of Disciplinary Action Offense Type of Disciplinary Action Offense Type of Disciplinary Action LEVEL OF SEVERITY 1s' Oral or Written Warning 15t Written Waming 1n 1-10 days suspension* / CATEGORY OF OFFENSES 2nd 1-10 days suspension 2"d 1-30 days suspension 2"d Dismissal 3rd 11-30 days suspension 3rd Dismissal 4d' Dismissal *Dismissal may be warranted for 1 st offense for conduct which exhibits extreme examples of misconduct. Create Unsanitary or • Create or contribute to minor unsanitary or . Create or contribute to unsanitary Unsafe Conditions unsafe conditions or poor housekeeping. conditions that causes or will cause serious health hazards to the community. Insubordination; • Failure or undue delay in carrying out • Insubordination or disobedience to • Deliberate refusal to carry out any proper Failure to Carryout orders, work assignments or instructions. superiors, or deliberate refusal to carry out order from any superior for policies or laws Orders any proper order from any superior having that could cause serious safety problems or responsibility for the employee. legal ramifications for the County. Late or Non -Reporting . Failure to report any work -related personal . Refusal to give testimony when work- • Falsification of testimony when work - of Accidents; Failure to injury or equipment damage immediately connected accidents are being investigated connected accidents are being Participate in to one's supervisor. investigated. Investigation *Reporting to Work . Reporting for work or working while unfit for . Use or sale of prohibited drugs while on Intoxicated or Under duty; drinking alcoholic beverages on the duty. the Influence 'ob. • Swearing or using vulgar language. • Derogatory verbal or physical behavior. • Conduct that severely discredits violator's Unprofessional • Discourteous or offensive behavior. . Directing profanity towards others; physical reputation and ability to perform the primary Conduct or verbal intimidation, such as shouting or duties and responsibilities of the job. angry outbursts directed toward others. • Bullying or berating others. Making False . Making false, vicious, or malicious . Cheating; using or attempting to use official Statements; Cheating; statements which slander or defame position to obtain unwarranted privileges, Abuse of supervisors or employees. advantages, treatment, etc. for self or Authority/Position others. Gambling • Social gambling on County property. • Illegal gambling or betting on County property or during working hours. . Falsifying or assisting in falsifying personnel or other records; giving false Falsifying of Records; information or withholding pertinent Making False Claims information called for in making application to Obtain Benefits for employment. • Making false claims or misrepresentations in an attempt to obtain sick leave, or other benefits. Page 2 of 3 Revised 06/19 GROUP 1 GROUP 2 GROUP 3 LEVEL OF Offense Type of Disciplinary Action Offense Type of Disciplinary Action Offense Type of Disciplinary Action - SEVERITY / 151 Oral or Written Warning 1St Written Warning 1St 1-10 days suspension* CATEGORY OF 2nd 1-10 days suspension 2nd 1-30 days suspension 2nd Dismissal OFFENSES 3'd 11-30 days suspension 3'd Dismissal 4w Dismissal *Dismissal may be warranted for 111 offense for conduct which exhibits extreme examples of misconduct. Misuse or Removal of . Misuse or removal of information of Confidential confidential or official nature or revealing Information such information without prior authority. • Theft of County property (or other non- Theft/Stealing County property while on the job). • Misuse of government property/equipment. • Conviction of a felony which affects the proper performance of the job; possession of firearms, explosives, or weapons on Convictions of a County property at any time (except as Felony; Conduct authorized); conduct contrary to morality or Contrary to Morality or common decency or conduct which Common Decency threatens or impairs the proper performance of duties or which reflects upon the efficiency and good name of employer. *Review Collective Bargaining Agreement and/or Supplemental Agreements — May require additional steps in the progressive discipline process. For example, UPW CBA outlines an eight (8)-step progressive discipline process for unauthorized leave (e.g., 8d' offense will result in dismissal). There are also time limitations where past disciplinary action for certain offenses may be disregarded after a set period of time. Page 3 of 3 Revised 06/19 ATTACHMENT B EMPLOYEE NAME: POSITION TITLE: TYPE OF DISCIPLINE: TYPE OF VIOLATION: DATE OF VIOLATION: COUNTY OF KAUAI PARKS & RECREATION NOTICE OF DISCIPLINARYACTION DATE: ❑ Oral Warning ❑ Written Warning ❑ Suspension ❑ Absenteeism/Tardiness ❑ Insubordination ❑ Unsatisfactory Performance ❑ Misconduct ❑ Safety & Health ❑ Substance Abuse ❑ Other: PLACE VIOLATION OCCURRED: REASON FOR DISCIPLINE: ACTION TAKEN: TIME OF VIOLATION: Further violations of this nature will result in sterner disciplinary actions to include dischame. EMPLOYEE STATEMENT: With the issuance of this Notice of Disciplinary Action, this serves as written notification to the employee that, in accordance to his/her respective collective bargaining agreement, if applicable, he/she may consult the Union on this disciplinary action. EMPLOYEE'S SIGNATURE DATE DISTRIBUTION: ORIGINAL —Employee File COPY —Union SUPERVISOR SIGNATURE COPY —Division COPY - Employee HR-432 (5/16) r�� aola-c5 'tI '2. OP OFFICE OF BOARDS & COMMISSIONS 96 ELLEN CHINO THE COUNTY OF �G KAUA'I � ADMINISTRATOR DEREK S. K. KAWAKAMI, MAYOR T �v Q OFC MICHAEL A. DAHILIG, MANAGING DIRECTOR July 3, 2019 RECEIVED Chair Richard Jose JUL 3 2019 Civil Service Commission c/o Boards and Commissions 4444 Rice St., Ste. 150 BOARDS & COMMISSIONS Lihue, Hawaii 96766 RE: Requesting any proposals to amend the Charter Dear Chair Jose and Members of the Civil Service Commission: You are invited to present any proposals you may have on any Charter amendments you would like the Charter Commission to consider. Should you want to propose any amendments, please provide a brief background on the issue and how the amendment will address or solve the issue. Should you have any questions, please feel free to contact, Ellen Ching at 241-4922. Si merely, Jan TenBruVocale, vice Chair Charter Rg#i6w Commission www.kauai.gov 4444 Rice Street Suite A150 • Lihu'e, Hawaii 96766 • (808) 241-4922 (b) • (808) 241-5127 (0 An Equal Opportunity Employer or at �Oe' aoIa -t(V THEMES FOR ACCEPTABLE ANSWERS TO WRITTEN QUESTIONS TO SECOND ROUND CANDIDATES Below are the five questions we sent to the second -round candidates with one possible answer to the questions posed. These are the answers we provided to the entire commission when they approved the written questions. Obviously, these are not the only acceptable answers to the questions -- the answers represent a general theme of how a contemporary law enforcement executive would approach the question. 1. How would you handle a situation where an officer has been accused of sexual harassment, or creating a hostile working environment, by another employee of the police department? (Any police chief must a set strict "no tolerance "policy toward any type of violation of County, State, and Federal Equal Employment Opportunity rules, policies and law. The most successful answers to this question will show a chief who takes immediate action. That would include immediately freezing the action and initiating an investigation. This would include interviewing the victim, the alleged perpetrator, witnesses, and gathering evidence. If the investigation reveals a violation of EEO policy the chief will take corrective action.) 2. The Police Chiefs Selection Committee has reviewed 130 applicants for this position. Most of these applicants, including yourself, have the experience, training, and education expected of a law enforcement executive. Explain why: A. You wish to become the Chief of the Kauai Police Department? AND B. Why the Police Commission should select you as the next Chief? (A. The successful answer to Part will show the candidate wants to be the Chief of KPD, not just a Chief anywhere. The answer will show the candidate has done research into the island, its people and KPD.) (B. The successful answers to Part B will show a candidate who does not simply restate the achievements listed on their resume. i.e.— how many arrests they made, how many pounds of drugs they seized, or how much training they have. The ideal candidate will describe the experience they have that made them successful in their current or past positions. Ideally the best candidates will describe their success at building teams, motivating employees, engaging the community, having solid relationships with labor groups And most importantly someone who shows confidence in their abilities while at the same time showing humility in their answer (one of the desired traits). The ideal candidate will use of the word "WE" as opposed to the word `I" to describe accomplishments.) 3. How would you create an environment in which all your employees, sworn and civilian, feel comfortable in coming forward to voice their concerns or make suggestions? (The ideal answer will show a chief who creates an environment of trust by being "out there" among the employees. The successful chief does not sit in his/her office waiting for the employees to come to him /her. The successful chief creates this environment utilizing "Management by wandering around" (Kind of like Chip at the Sheraton!!!) This chief is always around at shift change, mingling with the officers / dispatchers, saying hello, asking about their day, complimenting them on a good arrest or good job assisting a citizen. In doing these things the successful chief sends a message "to the troops" (sworn and civilian) that he /she cares about them. This will lead to them feeling more comfortable in coming forward with concerns, suggestions, or problems. The successful chief lets it be known that they have an "open door"policy when it comes to operational concerns, employee misconduct, offering suggestions, and an employee's personal problems. At the same time the successful chief does not let their open-door policy circumvent chain of command so that it undermines their supervisors.) 4. Based on your knowledge of the County of Kauai and the Kauai Police Department, the island's demographics, crime statistics, and challenges, what would be your top priorities to work on for the first 6 months? (The ideal answer will show a new chief who knows that change is extremely difficult in a police agency. He /She would make no changes to police operations until they had a firm understanding of KPD. The exception would be if the new chief discovered that an existing KPD practice was illegal, immoral, or unethical. Internally one of the new chiefs top priorities would be to establish a positive working relationship with the SHOPO and HGEA representative. At the same time the new chief would conduct ride-alongs in all three districts, talk to officers, get to know their concerns. Secondly, the new chief would want to meet with and talk with the various ethnic groups and communities around the island — the Filipino Chamber of Commerce, Hawaiian sovereignty groups, the business community, the resort associations. Equally important would be to establish relationships with other county department heads, county council, mayor, county attorney, the police commission, and state and federal elected officials.) 5. What strategies would you use to recruit new applicants and retain your officers? (The ideal candidate will acknowledge that recruiting is a problem nationwide. He /She will relate strategies they employed at their current or former department to enhance recruiting. The new chief will instill an attitude in all KPD employees that recruiting is every employee, sworn and civilians, responsibility, not just the responsibility of the KPD recruiting unit. The new chief recognize that Gen X and Millennials are motivated by different things than past generations and that recruiting must be tailored toward those things. They will also recognize that many young people have difficulty passing the entrance exam written and physical tests and will institute training programs to bring applicants up to entry level standards. For incumbent employees the ideal candidate will recognize the value of constant praise and appreciation as motivators for these employees. The new chief will seek the input of incumbent employees into operational issues to benefit from their collective knowledge. WRITTEN QUESTION RATINGS Rating Criteria Grammar, Spelling Punctuation Two or More Errors = 0 points One Error = 1 point No Errors = 2 points Answer addresses the question or issue Does not address = 0 points Partially addresses = 1 point Substantially addresses = 2 points Answer shows knowledge of the question or issue No Knowledge Shown = 0 points Partial Knowledge Shown = 1 point Substantial Knowledge Shown = 2 points Answer shows applicant has experience dealing with the question or issue No Experience Shown = 0 points Some Experience Shown = 1 point Substantial Experience Shown = 2 points Answer clearly provides solutions or explanations to the address question or issue No solution / explanation = 0 points Partial solution / explanation = 1 point Comprehensive solution / well explained = 2 points BONUS POINTS After reviewing the candidates answers to the five questions this reviewer has considered if those answers reflect what the Police Commission and all stakeholders are seeking in a new Police Chief. I have considered if the answers show that the candidate possesses the Skills, Knowledge, and Abilities to be an effective police administrator, and the Personal Qualities (confidence, humility, and Spirit of Aloha) necessary to be an effective leader. I do not feel this candidates' answers reflect what the Police Commission is seeking in a new Chief = 0 points • I feel this candidates' answers reflect that they have many of the skills and attributes the Police Commission is seeking in a new Chief. = 1 point. I feel this candidates' answers reflect that they should be invited for an interview. = 2 points.