HomeMy WebLinkAbout2020_0707_CSC_PacketJeffrey Iida
Chair
Vonnell Ramos
Vice Chair
Members:
Fely Faulkner
Richard Jose
Beth Tokioka
Ricky Watanabe
COUNTY OF KAUA'I CIVIL SERVICE COMMISSION
NOTICE OF TELECONFERENCE MEETING AND AGENDA
Tuesday, July 7, 2020
3:00 p.m. or shortly thereafter
Microsoft Teams Phone Number: 1-469-848-0234
Conference ID: 316 572 537#
This meeting will be held via Microsoft Teams teleconference only. Members of the public
are invited to join the open session meeting by calling the phone number above and when
prompted enter the conference ID information. You may testify during the teleconference
or submit written testimony in advance of the meeting via e-mail, fax, or mail. To avoid
excessive noise/feedback, please mute your phone and unmute to testify.
CALL TO ORDER IN OPEN SESSION (Open to the Public)
ROLL CALL
PUBLIC COMMENTS AND TESTIMONY
Individuals may orally testify on any agenda item at this time.
Anyone interested in providing oral or written testimony shall provide a request to the Office of
Boards and Commissions prior to the day of the meeting to smurag`npkauai.gov or by fax (808)
241-5127, or mailed to: Civil Service Commission, Office of Boards and Commissions, Pi`ikoi
Building Suite 300, 4444 Rice Street, Lihue, HI 96766. This request shall include your name,
telephone number, E-mail address, and the specific agenda item(s) that you will be testifying on
or provided comments on. Any testimony received after this time will be incorporated into the
record as appropriate.
APPROVAL OF MINUTES
A. Open Session Minutes of June 2, 2020
DIRECTOR'S REPORT
CSC 2020-15 Director's Report for the May, June 2020 period.
A. HRMS Project
B. COVID-19 and Stay at Home Order
An Equal Opportunity Employer
C. Collective Bargaining
D. Documentation Retention and Maintenance Policy
E. Administrative Services and Benefits
F. Employee Development and Health Services
G. Classification and Pay and Labor Relations
H. Recruitment and Exam
I. Payroll
J. EEO'ADA
CSC 2020-16 Discussion and possible decision -making on identifying and proposing
substantive and non -substantive amendments to the Rules of the Civil
Service Commission/Merit Appeals Board document.
A. Update Office of Boards and Commissions address.
B. Change Department of Personnel Services to Department of
Human Services.
C. Change Director of Personnel Services to Director of Human
Resources.
D. Possible discussion on the addition of a Subchapter 7 Rules on the
Selection, Evaluation and Dismissal of the Director of Human
Resources.
a. Overview to amend rules.
b. Review past discussions from approved minutes dated
2014-2016.
c. Review Police Commission and Planning Departments
Selection, Evaluation and Dismissal outline.
E. Discussion on other related matters.
CSC 2020-17 Discussion and possible decision -making on editing the content of the
Rules of Appeal to the Civil Service Commission/Merit Appeals
Board form.
A. Update Office of Boards and Commission address.
B. Add information to receive an email address.
C. Possible discussion to amendment form and rules to allow online
submission.
D. Discussion on other related matters.
EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §§92-4, 92-5 (a) (2) (4), 92-9 (a) (1-4) and (b), 76-47 (e)
the purpose of this Executive Session is to receive and approve Executive Session minutes, to
consider the hire, evaluation, dismissal or discipline of an employee or officer of the County
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 item,
deliberate and take such action as appropriate.
Civil Service Commission — July 7, 2020 Page 12
ENTER INTO EXECUTIVE SESSION (Closed to the Public)
Disconnect from Open Session and enter into Microsoft Teams Teleconference in Executive
Session.
CALL TO ORDER IN EXECUTIVE SESSION (Closed to the Public)
ROLL CALL
ES-013 Executive Session Minutes of June 2, 2020
ES-014 Memorandum dated June 22, 2020 from Department of Human
Resources Jill Niitani, Human Resources Manager III regarding
August Job Performance Report.
ES-015 Director of Human Resources Performance Evaluation (on -going).
A. Review updated DHR Performance Evaluation.
B. Prepare a six month job performance report by August 16, 2020.
C. Discussion on other related matters.
RETURN TO OPEN SESSION
Disconnect from Executive Session and enter into Microsoft Teams Teleconference in Open
Session.
CALL TO ORDER IN OPEN SESSION (Open to the Public)
ROLL CALL
RATIFY ACTIONS
Ratify the actions taken by the Civil Service Commission in executive session for agenda item:
ES-013, ES-014 and ES-015.
ANNOUNCEMENTS
Next Meeting: Tuesday, August 4, 2020 3:00 p.m., Teleconference by Microsoft Teams
ADJOURNMENT
Civil Service Commission - - July 7, 2020 Page! 3
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 Mark Ishmael
PUBLIC COMMENTS and TESTIMONY
SPEAKER REGISTRATION
Prior to the day of the meeting: Persons wishing to testify are requested to register their name,
phone number and agenda item via email to: smura inOkauai.gov or call 808-241-4919.
On the day of the meeting: Persons who have NOT registered to testify by the time the meeting
begins will be given the opportunity to speak on an item following oral testimony from
registered speakers.
Each speaker is limited to a three -minute presentation on each item.
WRITTEN TESTIMONY
Prior to the day of the meeting: Testimonies may be emailed: smura inakauai.gov , faxed:
808-241-5127, or mailed: Civil Service Commission, Office of Boards and Commissions,
Pi`ikoi Building Suite 300, 4444 Rice Street, Lihue, HI 96766. Please include your name and if
applicable, your position/title and organization you are representing along with the agenda item
that you are providing comments on.
While every effort will be made to copy, organize and collate all testimony received, materials
received improperly identified may be distributed to the members after the meeting is concluded.
SPECIAL 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 ase rg etiOwkauai.goy 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 7, 2020 Page 14
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
MR
jF fle:�9p!mtrouc�l
Board/Commission:
I CIVIL SERVICE COMMISSION
Meeting Date:
I June 2, 2020
Location
Teleconference via Microsoft Teams
Start of Meeting: 3:14 p.m.
End of Meeting: 3:28 p.m.
Present
Chair Jeffrey Iida. Vice Chair Vonnell Ramos. Commissioners: Fely Faulkner, Beth Tokioka and Ricky Watanabe.
Deputy County Attorney Mark Ishmael. Human Resources Director Annette Anderson (disconnected at 3: 27 p.m.). Office of Boards
and Commissions Staff. Administrator Ellen Ching and Commission Support Clerk Sandra Muragin.
Excused
Commissioner Richard Jose
Absent
SUBJECT
DISCUSSION
ACTION
Return to Open
Chair Iida, Vice Chair Ramos, Commissioner Tokioka, Deputy Attorney Mark Ishmael, Human
Session
Resources Director Annette Anderson and Commission Support Clerk Sandra Muragin were
logged onto Microsoft Teams by video. Commissioner Faulkner, Commissioner Watanabe and
Administrator Ellen Ching called into Microsoft Teams and entered the meeting by audio.
Call To Order In
Chair Iida called the meeting to order in open session at 3:14 p.m. and requested a roll call.
Open Session
/Roll Call
Commission support clerk Sandra Muragin verified attendance by roll call and requested a
verbal response of present or here;
Commissioner Faulkner replied present.
Commissioner Tokioka replied here.
Commissioner Watanabe replied present.
Vice Chair Ramos replied here.
Chair Iida replied here.
County Attorney Mark Ismael replied here.
Human Resources Director Annette Anderson replied here.
Administrator Ellen Ching replied here.
Quorum was established with
Commission Support Clerk Sandra Muragin replied here.
five commissioners present.
Ratify Actions
Ratify actions taken by the Civil Service Commission in executive session for agenda items:
Ms. Faulkner moved to ratify
ES-010, ES-0I I and ES-012.
the actions taken in Executive
Session for agenda items ES-
Civil Service Commission
Open Session
June 2, 2020
Page 2
SUBJECT
DISCUSSION
ACTION
010, ES-011 and ES-012. Ms.
Tokioka seconded the motion.
Roll Call Vote: 5-Ayes and 0-
Nays. Motion carried 5:0.
Public
No one from the public logged into the meeting.
Comments and
Testimony
Approval of
A. Open Session Minutes of May 5, 2020
Ms. Tokioka moved to approve
Minutes
the Open Session minutes of
Chair announced corrections to the minutes on page 4, third paragraph, last sentence, change
May 5, 2020, with amendments
"through negotiations with HGEA" to "through informal consultation with HGEA".
to page 4, third paragraph, last
sentence, change "through
negotiations with HGEA" to
"through informal consultation
with HGEA." Mr. Watanabe
seconded the motion. Motion
carried 5:0.
Director's
CSC 2020-14 Director's Reports for the April/May 2020 period
Report
A. COVID-19
B. Collective Bargaining
C. HRMS Project
D. Administrative Services and Benefits
E. Classification and Pay and Labor Relations
F. Recruitment and Exam
G. Payroll
H. Employee Development and Health Services
I. EEO/ADA
Human Resources Director Annette Anderson reviewed the April/May report with the
Commission (on file).
Civil Service Commission
Open Session
June 2, 2020
Page 3
SUBJECT I DISCUSSION I ACTION
Human Resources Management System (HRMS):
Ms. Anderson reported that consultants BerryDunn posted the Request for Proposal (RFP)
on May 14, 2020. They scheduled a telephone conference with 19 potential vendors on May
28, 2020, of which 15 participated in the conference call. The next step would be that
potential vendors could submit RFP questions by June 19. The deadline for vendors to
submit their proposals was July 9.
COVID 19:
Ms. Anderson reported that to date they have not received any complaints or issues with
regards to the temporary 4-10 work schedule. She said that HR continued to accept and
grant exemptions from the 4-10 work schedule even though the deadline passed. As far as
the FIR Department, most of her staff telework at home and they continue to schedule daily
meetings and report a daily work list to the Mayor's office.
Collective Bargaining:
Ms. Anderson reported that funding for Unit 4, clerical supervisors was approved. Ocean
Safety Officer Unit 14 had its first reading at the County Council on May 20 and should
conclude in July. They are pending an updated status of funding from the Legislature for
the remainder of the bargaining units. The Legislature is anticipated to resume session in
June.
Negotiations:
Ms. Anderson reported that she has been in discussions with the other jurisdictions on the
uncertainty and financial crisis from the COVID 19 pandemic. Most unions have agreed to
postpone bargaining negotiations and formal proposal deadlines. She said that all
jurisdictions are uncertain on how they would accommodate contract negotiations that were
approved before the pandemic.
Civil Service Commission
Open Session
June 2, 2020
Page 4
SUBJECT
DISCUSSION
ACTION
Recruitment Process:
Ms. Anderson reported changes were made to their recruitment process to ensure fairness to
all applicants. The new procedure would only consider information and documents
submitted within the recruitment announcement period. They eliminated acceptance of new
information or documentation after the recruitment closure date, which was allowed in the
past. An HR recruitment specialist would work with the applicant to clarify information
from the application received. The applicant would continue to be offered an administrative
review, which would involve Ms. Anderson's review of the information that the HR
recruitment specialist verified. If after the administrative review Ms. Anderson sustains its
decision, the applicant could file an appeal to the Civil Service Commission.
Ms. Faulkner expressed concern that only five exit interviews were conducted after 15
separations/terminations. She felt strongly about the importance of obtaining data from
these individuals were valuable in identifying improvement. Exit interviews contained
valuable information that could strengthen the Counties recruitment and retention of
employees. Ms. Anderson agreed with Ms. Faulkner. She said her staff explained that the
numbers vary due to different cycle periods; however, they confirmed that they contact
100% of these separated and terminated individuals.
With no further questions, Ms. Anderson disconnected from the Teams meeting.
Announcements
Next Meeting: Tuesday, July 7, 2020 — 3:00 p.m., Teleconference by Microsoft Teams
Adjournment
Ms. Faulkner moved to adjourn
the meeting. Mr. Watanabe
seconded the motion. Motion
carried 5:0
Meeting adjourned at 3:28 p.m.
Civil Service Commission
Open Session
June 2, 2020
Submitted by:
Sandra Muragin, Commission Support Clerk
() Approved as circulated.
() Approved with amendments. See minutes of
Page 5
Reviewed and Approved by:
meeting.
Jeffrey Iida, Chair
DEPARTMENT OF HUMAN RESOURCES
DIRECTOR'S REPORT
TO THE
CIVIL SERVICE COMMISSION
JULY 7. 2020 MEETING
Report Covering May/June 2020
HRMS Proiect:
• Following the XRFP posting on May 14, 2020, a pre -proposal conference was held with
interested vendors via MS Teams on May 28, 2020. [Goal 5, Obj. A.1.—completed]
• Selection Committee was established, comprised of HR Managers, Central Payroll
Accountant, and IT Manager, to review questions from interested vendors, review
submitted proposals, seek clarification, and pose questions to the potential vendors,
among other things. [Goal 5, Obj. A, 1.—completed]
• HR and IT, with assistance of BerryDunn, currently are reviewing and responding to 31
inquiries from vendors submitted by the June 19, 2020 deadline. [Goal 4, Obj. 1-3; Goal 5,
Obj. A. 3.—ongoing]
• Next Steps: Deadline for the submission of proposals is July 9, 2020. Thereafter, the
Selection Committee will review and score proposals. The preliminary schedule is listed
below.
The following is a preliminary schedule of significant dates that the County has
projected. All times are Hawaii Standard Time (HST).
Issue XRFP (Legal Notice)....................................................................... May 14, 2020
Pre -Proposal Teleconference .......................................... 9:00 a.m. HST, May 28, 2020
Deadline for Written Inquiries..................................................................June 19, 2020
PROPOSAL DUE DATE.....................................................•......................July 9, 2020
Priority -List Vendor Notification ............................................... Week of July 27, 2020
Vendor Demonstrations......................................................... Week of August 31, 2020
Tentative Award Date................................................................................ October 2020
After purchase of the system in the fall of 2020, implementation is anticipated to commence either
in the 41h quarter of 2020 or the first quarter of 2021. Per BerryDunn, systems of this scope and
size generally take 12 to 18 months to fully implement and train employees on all aspects of the
multi -faceted system.
o6 aoae-15
COVID-19 and Stay at Home Order:
• Most HR staff continue to telework from home. Daily meetings with supervisors occur.
HRD's direct reports provide daily telework reports, which in turn are incorporated into the
HRD's daily teleworking report submitted to Mayor's office. All functions of HR continue to
be met. [Goal 7, Obj. A, 1.—met]
• When issues/problems arise, HRD, HR managers, and appropriate teleworking staff meet,
via Teams, to discuss and find solutions. We discuss areas for improvement, e.g., staff
assigned to review various HR generic email accounts to assure receipt and review;
calendaring methods used (manual vs. electronic) for recruitment follow-ups). [Goal 7,
Obj. A, 2.—met]
• Teleworking staff have been provided with the following: laptops, VPN (virtual private
network) that allows remote access to employee's desktop computer, cables to allow dual
monitors (laptop screen and home computer screen) if requested; ability to return to office
to obtain files, photocopy, or attend in -person grievance meetings with appropriate social
distancing. [Goal 7, Obj. A, 3.—met]
Collective Bargaining:
• HGEA BU 14 (Ocean Safety Officers and Law Enforcement Officers) arbitration award
funding bill is moving through the Council and Committee beginning with final reading at
Council meeting in July 2020.
• Status of Legislative approval of funding of HGEA BUs 2, 3, 4, 13, and 14:
The Legislature will return to session on June 22, 2020. We continue to monitor
the status of funding bills for these units.
• The employer jurisdictions are having regular Teams meetings to discuss upcoming
negotiations with HGEA for successor agreements commencing July 1, 2021. Proposals
are being reviewed and voted upon, in anticipation of exchange with the unions.
Document Retention and Maintenance Policy:
• Consulted with County Attorney regarding implementation of a document retention and
maintenance policy for HR, noting that the State has a very detailed and comprehensive
General Records Schedule with respect to personnel and payroll records containing an
itemized listing of various records/documents with a wide -range of retention periods. [Goal
2, Obj. B, 1—met and ongoing]
After consulting with County Attorney, as well as inquiring with the Managing Director, the
Director of Finance, the IT Manager, plus review of Hawaii Revised Statues, and Kaua'i
County Council Resolutions, the following information was obtained:
➢ The County of Kaua'i is governed by HRS §46-43 pertaining to county records, which
provides in relevant part:
(a) ... [T]he county legislative body shall determine whether, and the extent to which,
the county shall create, accept, retain, or store in electronic form any records and
convert records to electronic form.
(c) The director of finance, with the approval of the county legislative body and the
county's legal advisor, shall determine the care, custody, and disposition of other
county records and may destroy all vouchers, documents, and other records or
papers, exclusive of records required either by law or by the legislative body of the
county to be permanently retained, that have been on file or retained for a minimum
period to be determined by the legislative body of the county by resolution.
➢ Kaua'i County Council Resolution No. 2008-39 sets forth the County's Records
Disposal Policy, which among other things, provides for a seven (7) year minimum
retention period with exceptions for shorter or longer periods. The Director of Finance,
with the approval of the County Council and the County Attorney, approves the
disposal of county records.
➢ Kaua'i County Council Resolution No. 2016-21 sets for the County's Electronic
Records Storage Policy, which among other things, provides that pursuant to HRS
Section 92-30, an electronic copy of a government record shall be deemed to be an
original record for all purposes.
➢ In discussion with the County Attorney, the Managing Director, the Director of
Finance, and the IT Manager, it appears that County departments/divisions rely upon
the seven (7) year retention policy and do not establish separate procedures for
records retention and maintenance. Most departments/divisions convert paper
documents to electronic, and occasionally seek approval of the Council to destroy
records.
➢ A review of the retention periods required by various federal and state employment
laws all are less than seven (7) years.
➢ Neither HR nor the County Attorney has been able to determine the extent of past
involvement by the Office of the County Attorney (OCA) with respect to HR's records
retention and maintenance issues. If HR creates a policy the OCA will review it;
however, OCA does not create policies or procedures for departments/divisions.
After a thorough analysis of the above information and in order to address the audit
findings and recommendations from fiscal years 2015-2016 and 2017-2018, the HRD
proposes to develop a brief policy statement for personnel documents kept by HR
acknowledging the requirements of HRS §46-43 and Council Resolution Nos. 2008-39
and 2016-21, with a commitment to adhere to the seven (7) year minimum retention
policy, with the exception of documents pertaining to the State of Hawai'i Employees'
Retirement System and documents pertaining to Workers' Compensation claims that will
be retained for a minimum period of 30 years. [Goal 2, Obj. B, 1.—met and ongoing.]
Administrative Services and Benefits:
• Assisted with responding to 4-10 work schedule change exemption requests; Upkeep of
stats related to 4-10 schedules.
• Handled annual employee changes to their EUTF Health Plans following Open Enrollment
period that ended on May 15, 2020.
• Annual Flexible Spending Open Enrollment period began on May 16, 2020 and will run
through June 15, 2020. HR staff and Allstate Insurance representatives have been
assisting employees with the enrollment process.
• New Hires Information Technology Project Coordinator
Payroll Specialist I
Procurement Clerk II
Disaster Assistance Fiscal Clerk (exempt)
EOC Public Information Officer (exempt)
Field Operations Clerk (exempt)
Public Housing & Development Program Specialist I (exempt)
Transit Fleet Mechanic (exempt)
0 Exit Interviews (Retirees): 3 of 3
• Exit Interview (Voluntary Separations/Terminations)
• TDI Applications
• Family Leave:
• Leave Sharing:
• Reference Checks:
• Employment Verifications:
• Transactions:
New Hires
4
Separations
2
Reallocations
8
Promotions
2
Demotions
0
Transfers
1
Pay Increase
4
Suspension
3
Leave Without Pay
1
*Misc. Change
Forms
0
"Other
13
89-Day
24
Seasonal
0
0 of 0
1 (approved);
3 (approved)
None
13
34
1 (denied)
• *Miscellaneous Change Forms include expense distribution changes, schedule changes,
personal data changes, etc.
• "Other includes end of/extension of TR, add/delete add pay codes, amended PCs,
extension of initial probation, rescinded PCs, term of contract/contract appointment PCs,
etc.
Employee Development and Health Services:
• Six (6) new workers' compensation claims were filed this month; Two (2) medical -only
claims, three (3) indemnity claims, and one (1) controverted claim.
• Bi-monthly reviews of selected workers' compensation claims held on May 14, 2020 via
WebEx meeting. Sixteen (16) claims reviewed.
• Equipment/Driver Training: Backhoe (3 Public Works' employees)
Classification and Pay and Labor Relations:
• A grievance decision was issued by the HRD sustaining the termination of a Fire Recruit.
The Hawaii Firefighter Association has filed for arbitration.
• Reallocations Processed: Accounting Assistant to Park Security Officer I
County Grants Program Manager to Grant and Budget
Specialist
Disaster Assistance Project Manager to Disaster Assistance
Fiscal Clerk
4
• Desk Audits:
• New Classes Adopted
• Administrative Reviews:
Recruitment and Exam:
Disaster Assistance Project Manager to Project Management
and Compliance Officer
Detention Facility Worker to Police Services Officer (2)
Electronics/Electrical Tradesperson I to Plant Electrician
Intern II to Intern III
Legal Clerk III to Senior Clerk
Park Security Officer I to Payroll Technician
Planner II to Planner III
Police Officer I to Police Services Officer
Program Support Technician II to Police Records Technician
Real Property Appraiser IV to Real Property Appraiser V (2)
None
Grant and Budget Specialist
Real Property Appraisal Specialist
None
• Given the current situation with many employees still teleworking, the County Summer
Internship Programs (County and DOW) were cancelled. However, the Parks Department
is proceeding with a 4-week Summer Fun Program that will adhere to social distancing
requirements. Groups of 8-9 participants will be "self-contained" as its own "program"
resulting in a significant decrease in participants but the need for more staff. The summer
Golf Program will also be held. Positions for these programs remain on continuous
recruitment.
• Due to social distancing guidelines that limit the number of individuals who can be in one
meeting room, the need to hold multiple New Hire Orientations has occurred, At the
beginning of June, two orientations were held on June 1st and one orientation on June 2nd
for short term hires.
• Recruitments: Accountant
Accountant II
Accountant III
Bus Driver (substitute) (exempt)
Construction & Maintenance Worker I
Detention Facility Worker (exempt)
Disaster Assistant Fiscal Clerk (exempt)
Disaster Assistant Principal Project Manager (exempt)
Emergency Services Dispatcher II (exempt)
Fire Assistant Chief
First Deputy County Attorney (exempt)
Heavy Vehicle and Construction Equipment Mechanic I
Intern III (exempt)
IT Communications and Project Manager (exempt)
Lead Electrician -Electronics Equipment Repairer
Liquor Clerical Assistant (exempt)
Pipefitter Helper
Plant Electrician
Project Management and Compliance Officer
(exempt)
Real Property Appraisal Specialist
Real Property Titles Examiner and Recorder (exempt)
Recreation Worker I
Special Assistant to the Director of Parks and
Recreation-Wailua Golf Course (exempt)
Van Driver (substitute) (exempt)
West Kauai Community Plan Assistant (exempt)
• Lists Referred to Departments: Administrative Clerical Assistant (exempt)
Assistant Chief of Police
Bus Driver (Substitute) (exempt)
Civil Engineer I
Detention Facility Worker (exempt)
Disaster Assistant Fiscal Clerk (exempt)
Disaster Assistant Principal Project Manager
(exempt)
Emergency Services Dispatcher II (exempt)
Fire Assistant Chief
Fire Fighter Trainee
First Deputy County Attorney (exempt)
Intern III (exempt)
IT Communications and Project Manager (exempt)
Legal Clerk III
Liquor Clerical Assistant (exempt)
Ocean Safety Officer
Park Caretaker I
Payroll Technician
Police Records Technician
Program Specialist III (Paratransit Manager)
(exempt)
Project Management and Compliance Officer
(exempt)
Real Property Titles Examiner and Recorder
(exempt)
Senior Clerk
Solid Waste Worker I
Special Assistant to the Director of Parks and
Recreation-Wailua Golf Course (exempt)
Summer Youth Programs (exempt)
• Written Exams Administered: Emergency Services Dispatcher I
Police Services Officer
• Performance Exams Administered: None
• Administrative Reviews: None
Payroll:
6
• A new Payroll Technician employee began work on June 1, 2020 (position coming from
Parks) and will be responsible for Parks payroll time sheet hours entry and auditing.
• Continue plans for expanding centralized services for other departments; training is
beginning with KPD, the largest and most complicated system.
• Transition of budget functions from private secretary to Accountant III.
• Gross Payroll for May:
15th
$
3,992,903
EOM
$
3,904,338
EUTF ACTIVE
$
729,724
EUTF OPEB
$
590,968
EUTF RETIREE
$
845,532
ERS (RETIREMENT)
$
1,968,623
SOCIAL SECURITY
$
299,026
MEDICARE
$
108,623
PTS SS SAVINGS
$
4,790
EEO/ADA
• Employee complaint with investigation in process.
• On -going ADA technical guidance provided to County employees and the public as
requested, with recent emphasis on COVID-19 emergency orders.
• Respond to call (although greatly reduced volume) with complaints about State agencies;
referred to appropriate State agencies
• Continue coordinating with other County coordinators regarding ADA issues arising from
Covid-19 rules
7
DEPARTMENT OF PERSONNEL SERVICES
COUNTY OF KAUAI
PART 2 RULES OF THE CIVIL SERVICE COMMISSION MERIT APPEALS
BOARD
TABLE OF CONTENTS
CHAPTER 1 RULES OF PRACTICE AND PROCEDURE
Subchapter 1 Rules of General Applicability
PAGE NO.
§ 1-1
Purpose of chapter; statement of policy .......................
1-2
§ 1-2
Authority..........................................................
1-2
§ 1-3
Construction of rules .............................................
1-3
§ 1-4
Limitation of jurisdiction ........................................
1-3
§1-5
Procedure and terms .............................................
1-3
§ 1-6
Definitions.........................................................
1-3
§ 1-7
The Commission ..................................................
1-4
§1-8
Delegation of administrative duties ............................
1-7
§ 1-9
Government records ..............................................
1-7
Subchapter 2 Proceedings before the Commission/Merit Appeals Board
§ 1-10
General proceedings ..............................................
§1-11
Appearances and practices before the Commission..........
§ 1-12
Disqualification of commissioner or hearing officer........ .
§ 1-13
Consolidation......................................................
§ 1-14
Filing of documents ...............................................
§ 1-15
Amendment of documents and dismissal ......................
§ 1-16
Retention of documents ..........................................
§ 1-17
Computation of time ..............................................
§ 1-18
Continuances or extensions of time .............................
§ 1-19
Service of process .................................................
§ 1-20
Commission decision .............................................
Subchapter 3 Rules Applicable to Rulemaking Procedures
§ 1-21
Initiation of rulemaking proceedings ...........................
§ 1-22
Notice of public hearing ..........................................
§ 1-23
Conduct of hearing ................................................
§1-24
Commission action ................................................
§ 1-25
Emergency rulemaking...........................................
1-12
1-12
1-13
1-14
1-14
�w, -Iwo-1 (0
PAGE NO.
§ 1-26 Filing of rules .................................................. 1-14
§ 1-27 Taking effect of rules ......................................... 1-14
§ 1-28 Publication of rules ........................................... 1-14
Subchapter 4 Rules Applicable to Declaratory Rulings
§ 1-29 Petitions for declaratory ruling .............................. 1-15
§ 1-30 Request for hearing ............................................ 1-15
§ 1-31 Applicability of order ......................................... 1-15
§ 1-32 Declaratory ruling on commission's own motion......... 1-15
§1-33 Refusal to issue declaratory order ........................... 1-16
Subchapter 5 Rules Applicable to Initial Pricing and Compensation Plan
§ 1-34 Pricing policies ................................................... 1-16
§1-35 Pricing standards ................................................. 1-17
§1-36 Determination of Blue collar classes .......................... 1-18
§1-37 Amendments to the Compensation Plan ...................... 1-19
Subchapter 6 Rules Applicable to Appeals
§1-38 Standing to appeal ............................................... 1-19
§ 1-39 Filing of appeal .................................................. 1-20
§ 1-40 Notice............................................................. 1-21
§ 1-41 Appeal hearing ................................................... 1-21
DEPARTMENT OF PERSONNEL SERVICES
PART 2 RULES OF THE CIVIL SERVICE COMMISSION'MERIT
APPEALS BOARD
CHAPTER 1
RULES OF PRACTICE AND PROCEDURE
Subchapter 1 Rules of General Applicability
§ 1-1
Purpose of chapter; statement of policy
§ 1-2
Authority
§ 1-3
Construction of rules
§ 1-4
Limitation of jurisdiction
§ 1-5
Procedure and terms
§ 1-6
Definitions
§ 1-7
The Commission/Merit Appeals Board
§ 1-8
Delegation of administrative duties
§ 1-9
Government records
Subchapter 2 Proceedings before the Commission/Merit Appeals
Board
§ 1-10
General proceedings
§ 1-11
Appearances and practices before the Commission/Merit Appeals
Board
§ 1-12
Disqualification of commissioner or hearing officer
§ 1-13
Consolidation
§ 1-14
Filing of documents
§ 1-15
Amendment of documents and dismissal
§1-16
Retention of documents
§ 1-17
Computation of time
§ 1-18
Continuances or extensions of time
§ 1-19
Service of process
§ 1-20
Commission/Merit Appeals Board decision
Subchapter 3 Rules Applicable to Rulemaking Procedures
§ 1-21 Initiation of rulemaking proceedings
§ 1-22 Notice of public hearing
§ 1-23 Conduct of hearing
§ 1-24 Commission/Merit Appeals Board action
1-1
ChG aoao-I�o
§ 1-25
Emergency rulemaking
§ 1-26
Filing of rules
§ 1-27
Taking effect of rules
§ 1-28
Publication of rules
Subchapter 4 Rules Applicable to Declaratory Rulings
§ 1-29
Petitions for declaratory ruling
§ 1-30
Request for hearing
§ 1-31
Applicability of order
§ 1-32
Declaratory ruling on commission's own motion
§ 1-33
Refusal to issue declaratory order
Subchapter 5 Rules Applicable to Initial Pricing and Compensation
Plan
§ 1-34 Pricing policies
§ 1-35 Pricing standards
§ 1-36 Determination of Blue collar classes
§ 1-37 Amendments to the Compensation Plan
Subchapter 6 Rules Applicable to Appeals
§ 1-38
Standing to appeal
§ 1-39
Filing of appeal
§ 1-40
Notice
§ 1-41
Appeal hearing
Subchapter 1
RULES OF GENERAL APPLICABILITY
§ 1-1 Purpose of chapter; statement of policy. This chapter governs
procedures before the commission. It shall be construed to effectuate the purpose
of the chapter and to secure the just and efficient determination of every
proceeding.
(Auth: HRS §§ 76-14, 76-47, Art XV; RCC, Sec. 15.03)
§ 1-2 Authority. These rules govern practice and procedure before the
commission of the County of Kauai under civil service law, as modified by
chapter 89, HAWAII REVISED STATUTES; Hawaii Administrative Procedure
Act, chapter 91, HAWAII REVISED STATUTES; chapter 92, HAWAII
REVISED STATUTES; and such other related acts as may now or hereafter be
1-2
administered by the commission. The commission shall serve and sit as an
appellate body. The matters of policy, methodology, and administration are left
to the determination of the director.
(Auth: FIRS § § 76-14, 76-47)
§ 1-3 Construction of rules. These rules shall be liberally construed to
secure the just, speedy and inexpensive determination of every proceeding.
(Auth: HRS §§ 76-14, 76-47)
§ 1-4 Limitation of jurisdiction. (a) Where the terms of collective
bargaining agreements pursuant to chapter 89, HRS, conflict with these rules the
terms of the agreement shall prevail; provided that the terms are not inconsistent
with section 89-9(d), HRS.
(b) This title shall not apply to the assignment of classes to SC and EM
(excluded managerial) ranges.
(c) Matters concerning the appropriateness of appealed classes and
their standards, propriety of positions allocated to these classes, or any other
classification matter shall be heard separate from initial pricing appeals.
(Auth: HRS § 76-14)
§ 1-5 Procedure and terms. (a) Statutory terms. The terms used in rules
promulgated by the commission pursuant to powers granted by statute shall have
the meaning defined by such statute, unless the context otherwise specifically
requires.
(b) Terms defined by rule. A rule or regulation that defines a term without
express reference to the statute or to these rules or to a portion thereof, defines such terms for
all purposes as used both in the statute and in these rules, unless the context otherwise
specifically requires.
(c) Use of number and gender. Words importing the singular number may
extend and be applied to several persons or things and words importing the plural may
include the singular and words importing the masculine gender may be applied to the
feminine gender. (Auth: HRS § § 1-14, 1-15, 1-16, 1-17)
§ 1-6 Definitions. As used in this chapter, unless a different meaning clearly appears
in the context:
"Affected classes" means the unappealed, related and identical classes of the
compensation plan.
"Affected persons" means persons affected by the compensation plan and believing
that their respective classes are improperly priced.
"Appointing authority" means a department head or designee having the power to
make appointments or changes in the status of employees.
"Chairperson" means the chairperson of the commission.
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"Class" means a group of positions that reflect sufficiently similar duties and
responsibilities such as that the same title and the same pay range may apply to each position
allocated to the class.
"Commission" means the civil service commission/merit appeals board.
"Compensation plan" means the pay plan consisting of the assignment of all classes
in the classification system to pay ranges in the appropriate salary schedules on the basis of
their relative differences in level of work.
"Director" means the director of the department of personnel services of the county.
"Hearing" means any proceeding governed by sections 76-14, 76-47, HRS; and
sections 91-8 and 91-9, HRS.
"Meeting" means the convening of the commission for which a quorum is required in
order to make a decision or to deliberate toward a decision upon a matter over which the
commission has supervision, control, jurisdiction, or advisory power.
"Merit Appeals Board" means a jurisdiction's appellate body for purpose of Section
76-14, HRS, regardless of whether it is named merit appeals boards, civil service
commission, or appeals board.
"New class" means a class which did not formerly exist within the appropriate
compensation plan, and represents a new concept of work for which an initial pricing action
was taken.
"Party" means each person or agency named or admitted as a party or properly
seeking and entitled as of right to be admitted as a party in a proceeding.
"Person" means or includes individuals, partnerships, corporations, associations, or
public or private organizations of any character other than governmental agencies.
"Presiding officer" means, with respect to proceedings, the chairperson, and includes
any member of the commission designated as such, or such other persons authorized by law
to conduct hearings.
"Pricing" means the process of assigning classes to appropriate salary ranges and
wage board ranges.
"Proceedings" means the commission's determination of the relevant facts and
applicable law, consideration thereof, and action thereupon with respect to a particular
subject within the commission's jurisdiction, initiated by a filing or submittal or request or a
commission's notice or order. It shall include proceedings involving the adoption,
amendment or repeal of any rule or regulation of the commission whether initiated by
commission order or notice, or by petition of an interested person.
(Auth: HRS §§ 76-14, 76-47)
§1-7 The commission. (a) Office. The office of the commission is at Lihue,
Hawaii. All communications to the commission shall be addressed to Office of the
Commission, 4444 Rice Street, Suite 140, Lihue, Hawaii 96766, unless otherwise
specifically directed.
(b) Hours. The office of the commission will be open from 7:45 a.m. to 4:30 p.m.
Of each workday unless otherwise provided by statute or executive order.
1-4
(c) Meetings. The commission may meet and exercise its powers in
any part of the County of Kauai.
(1) Open meetings. All meetings of the commission except executive meetings
and meetings governed by sections 91-8 and 91-9, HRS, shall be open to the
public.
(2) Executive meetings. The commission may hold an executive meeting, closed
to the public, upon an affirmative vote, taken at an open meeting, of two thirds
of the members present. The vote of each member on the question of holding
a meeting closed to the public and the reason for holding such a meeting shall
be recorded and entered into the minutes of the meeting. A meeting closed to
the public may be held only for one or more of the following purposes:
(A) To consider the hire, evaluation, dismissal or discipline of an officer or
employee or charges brought against such individual where
consideration of matters affecting privacy will be involved; provided,
that if the individual concerned requests an open meeting, an open
meeting shall be held;
(B) To consult with the commission's attorney;
(C) To investigate proceedings regarding criminal misconduct; and
(D) To consider sensitive matters relating to public safety or security.
(3) Chance meetings. The rules governing meetings shall not apply to any chance
meeting, as defined by section 92-2, HRS, at which matters relating to official
business are not discussed. No chance meeting or electronic communication
shall be used to circumvent the spirit or requirements of the meetings
provisions to make a decision or to deliberate toward a decision upon a matter
over which the commission has supervision, control, jurisdiction or advisory
power.
(4) Special meetings. Special meetings of the commission for the transaction of its
business may be held at any time and place as scheduled by the commission.
(5) Emergency meetings. If the commission finds that an imminent peril to the
public health, safety or welfare requires a meeting in less time than is
provided for in paragraph (6), the commission may hold an emergency
meeting provided:
(A) The commission states in writing the reasons for its findings;
(B) Two-thirds of all members to which the commission is entitled agree that
an emergency exists;
(C) An emergency agenda and the findings are filed with the office of the
county clerk and in the commission's office; and
(D) Persons requesting notification pursuant to paragraph (6) are contacted by
mail or telephone as soon as practicable.
(6) Notice.
(A) Public notice.
(i) The commission shall give written public notice of any regular, special, or
rescheduled meeting. The public notice shall include an agenda which
1-5
lists all of the items to be considered at the forthcoming meeting, the date,
time and place of the meeting.
(ii) The commission shall file the public notice in the office of the county
county clerk and in the commission's office for public inspection at least
six (6) calendar days before the meeting. The public notice shall also be
posted at the site of the meeting whenever feasible. The commission shall
not add items to the agenda, once filed, without a two-thirds record
vote of all members to which the commission is entitled; provided that no
item shall be added to the agenda in the manner provided herein, if it is of
reasonably major importance and action thereon by the commission will
affect a significant number of persons.
(B) Notice to parties. For hearings governed by sections 91-8 and
91-9, HRS, all parties shall be given notice of the hearing as
required by law and provided for in these rules.
(7) Construction. The provisions requiring open meetings shall be liberally
construed and the provisions providing for exceptions to open meeting
requirements shall be strictly construed against closed meetings.
(d) Quorum and number of votes necessary to validate acts. A majority of all
members to which the commission is entitled shall constitute a quorum to transact business,
and the concurrence of a majority of all members to which the commission is entitled shall be
necessary to make valid any action of the commission.
(e) Minutes. The commission shall keep written minutes of all meetings. Unless
otherwise required by law, neither a full transcript nor a recording of the meeting is required,
but the written minutes shall give a true reflection of the matters discussed and the views of
the participants. The minutes shall include, but need not be limited to:
(1) the date, time and place of the meeting;
(2) the members of the commission recorded as either present or absent;
(3) the substance of all matters proposed, discussed or decided; and a record, by
individual member, of any votes taken; and
(4) Any other information that any member of the commission requests be
included or reflected in the minutes. The minutes shall be available within
thirty (30) days after the meeting except where such disclosure would be
inconsistent with section 92-4, HRS.
(fj Administrative.
(1) The chairperson of the commission shall be responsible for the
administration functions of the commission.
(2) Authentication of commission action. All decisions, orders and
other actions of the commission shall be signed by the chairperson
or the presiding officer acting in such proceeding. Official copies of
decisions, orders and other commission actions may be promulgated under
the signature of the chairperson of the commission or the chairperson's
delegate.
(g) Submittals and requests. All documents required to be filed with
1-6
the commission shall be filed in the office of the commission within such time limits as
prescribed by laws, rules of the commission or order of the commission. Requests for public
information, copies of official documents or opportunity to inspect public records may be
made in writing to the commission's office or in person at said office.
(Auth: 11 RS § § 76-14, 76-47, 92-1, 92-3, 92-4, 92-5, 92-7, 92-8, 92-9, 92-15)
§ 1-8 Delegation of administrative duties. (a) The commission may
delegate to any competent and qualified individual such power or authority vested in the
commission it deems reasonable and proper for the effective administration of chapter 76,
HRS, and these rules except the power to make, amend or repeal rules and regulations.
(b) Hearing officer. The commission may, by written resolution
adopted by a majority of the members to which it is entitled, appoint a competent and
qualified disinterested person to act as its hearing officer. The hearing officer shall hear the
matter in the same manner as if it were before the commission and, upon the conclusion of
the hearing, shall transmit to the commission a record of the hearing, including a recording or
transcript and a summary of evidence taken at said hearing. After review of the testimony
and evidence, a majority of the members to which the commission is entitled shall render a
decision in accordance with section 91-11, HRS.
(Auth: HRS § § 76-14, 76-47, 91-2, 92-16)
§ 1-9 Government records. (a) Files of the commission. The term "government
records" as used in this part is defined as in section 9217-3, HRS, and shall include all rules,
regulations, written statements of policy or interpretations formulated, adopted or used by the
commission, all petitions of appeal, opinions and orders, written testimony, minutes of
meetings of the commission and any other material on file in the office of the commission
unless accorded confidential treatment pursuant to law or the rules of the commission.
(b) Inspection of government records. All government records which are
required to be disclosed pursuant to section 92F-12, HRS, will be available for inspection in
the office of the commission during established office hours unless public inspection of such
records is in violation of any law or rule. Nothing in this rule shall be construed to prevent
the county attorney from raising any and all objections to the production of government
records that are subject to discovery or subpoena under any rule or order of the court. The
county attorney is authorized to raise objections and defenses pertaining to the discovery and
subpoena of the commission's records and withhold production and disclosure of said
documents pending a final court order.
(c) Copies of government records. Government records which are
required to be disclosed pursuant to section 92F-12, HRS, that are printed or reproduced by
the commission shall be given to any person requesting the same and paying the fees
established by the commission or by law.
(d) Requests. Requests for public information, for permission to inspect
government records or for copies of government records shall be handled expeditiously. Said
government records, however, will not be released for review or copying without the
approval of the chairperson or the chairperson's delegate.
1-7
(e) Denial of inspection. Any person denied access to inspect government records
or to copies of government records may apply to the circuit court of the circuit wherein the
government record is found for an order permitting access to inspect government records or
to copies of government records.
(Auth: HRS §§ 92.21, 921)
Subchapter 2
PROCEEDINGS BEFORE THE COMMISSION
§ 1-10 General proceedings. The commission may, on its own motion or upon the
petition of any interested person or agency of the federal, state or county government; hold
such proceedings as it may deem necessary in the performance of its duties or the
formulation of its rules and regulations. Procedures to be followed by the commission shall,
unless specifically prescribed in these rules or by the Hawaii Administrative Procedure Act
or by any other statute, be such as in the opinion of the commission will best serve the
purpose of such proceeding. (Auth: HRS §§ 76-14, 76-47)
§ 1-11 Appearances and practices before the commission. (a) Appearances before
the commission. A public employee may appear in such employee's own behalf; an
employee organization may be represented by its duly designated representative; and the
director or appointing authority may appear on their own behalf.
(b) Representation. In any proceeding under these rules, the director, appointing
authority or employee may be represented by an attorney or any other individual authorized,
in writing, to act in a representative capacity. The cost of such attorney shall be borne by the
party being represented.
(c) Validation of authority. When an individual acting in a representative
capacity appears in person or signs a paper in practice before the commission, the personal
appearance or signature of such individual shall constitute a representation to the commission
that, under the provisions of these rules and the law, the individual is authorized and
qualified to represent the particular person on whose behalf such individual acts. The
commission may at any time require individuals transacting business with the commission in
a representative capacity to show to the commission their written authorization to act in such
capacity.
(d) Bar to appearance.
(1) Former commission association. No individual who has been
associated with the commission as a member, officer, employee or counsel
shall be permitted to appear before the commission in behalf of or to represent
in any manner any party in connection with any proceeding or matter that
such individual has handled or passed upon while associated in any capacity
with the commission.
(2) Limitations of assistance from barred persons. No person or
1-8
agency appearing before the commission in any proceeding or matter shall, in
relation thereto, knowingly accept assistance from and compensate any
individual who would be barred by this subsection.
(3) Written consent to appear. No person who has been associated with
the commission as a member, officer, employee or counsel thereof shall be
permitted to appear before the commission in behalf of, or to represent in any
manner, any person or agency in connection with any proceeding or matter
that was pending before the commission at the time of such person's
association, unless written consent of the commission shall first have been
obtained, upon a verified showing that such individual did not give personal
consideration to the matter or proceeding as to which consent is sought or gain
particular knowledge of the facts thereof during such person's association with
the commission.
(4) One year limitation. This subsection shall not apply to any individual or
agency who has terminated association with the commission for a period of
one year.
(Auth: HRS §§ 76-14, 76-47)
§ 1-12 Disqualification of commissioner or hearingofficer. Any party to a hearing
may, up to five (5) days before the proceeding, file an affidavit that one or more of the
commissioners or a hearing officer has a personal bias or prejudice. The commissioner
against whom the affidavit is so filed may answer the affidavit or may file a disqualifying
certificate with the commission. If the commissioner or hearing officer chooses to answer
the affidavit, the remaining commissioners shall decide by a majority of all the members to
which the commission is entitled whether that commissioner or hearing officer should be
disqualified from proceeding therein. Every such affidavit shall state the facts and reasons
for the belief that bias or prejudice exists and shall be filed at least five (5) days before the
hearing, or good cause shall be shown for the failure to file it within such time. Any
commissioner or hearing officer may be disqualified by filing with the chairperson a
certificate acknowledging inability for any reason to preside with impartiality in the pending
hearing. (Auth: HRS §§ 76-14, 76-47)
§ 1-13 Consolidation. The commission, upon its own initiative or upon motion, may
consolidate for hearing or for other purposes or may contemporaneously consider two or
more proceedings that involve substantially the same parties, or issues that are same or
closely related, if it finds that such consolidation or contemporaneous hearing will be
conducive to the proper dispatch of its business and to the ends of justice and will not unduly
delay the proceedings. (Auth: HRS §§ 76-14, 76-47)
§ 1-14 Filing of documents. (a) Time and place. All requests, appeals, pleadings,
submittals, petitions, reports, maps, exceptions, briefs, memoranda and other papers required
to be filed with the commission in any proceeding shall be filed at the office of the
commission within the time limits prescribed by law, the rules of the commission or by order
1-9
of the commission. The date on which the papers are received, if hand delivered, or
postmarked, if delivered by mail, shall be regarded as the date of filing.
(b) Form. All requests and appeals filed with the commission shall be written in
ink, typewritten, mimeographed or printed; shall be plainly legible; and shall be on strong,
durable paper no larger than 8-1 '2 x 11 inches in size, except that maps, charts, tables and
other like documents may be larger, folded to the size of the papers to which they are
attached.
(c) Certification. All documents must be signed in ink by the party signing the
same or by such party's duly authorized agent or attorney. The signature of the person
signing the document constitutes a certification that such person has read the document; that
to the best of the person's knowledge, information and beliefs, every statement contained
therein is true and no such statement is misleading; and that it is not interposed for delay.
(d) Copies. Unless otherwise specifically provided by a particular rule, regulation
or order of the commission, an original and eight copies of all papers shall be filed.
(e) Identification. All documents filed by any person or agency in any
proceeding shall state on the first page thereof the name, mailing address and telephone
number, if any, of the individual or individuals who may be served with any documents filed
in the proceeding.
(Auth: HRS § § 76-14, 76-47, 91-2, 91-6, 91-8)
§ 1-15 Amendment of documents and dismissal. If any document filed in a
proceeding is not in substantial conformity with the applicable rules of the commission as to
contents thereof, or is otherwise insufficient, the commission may, on its own motion or on
motion of any party, strike such document or require its amendment five (5) days or the
balance of the period for filing, whichever is greater, shall be allowed for submittal of
amended documents. If amended, the document shall be effective as of the date of receipt of
the amendment or other date provided by this title. (Ruth: HRS §§ 76-14, 76-47,91-2,
91-6, 91-8)
§ 1-16 Retention of documents. All documents filed with or presented to the
commission shall be retained in the files of the commission. The commission may permit the
withdrawal of original documents upon submission of properly authenticated copies to
replace such documents. (Auth: HRS §§ 76-14, 76-47, 91-2, 91-6, 91-8)
§ 1-17 Computation of time. In computing any period of time prescribed or allowed
by these rules, the day of the act, event or default, after which the designated period of time
is to run, is not to be included. The last day of the period so computed is to be included
unless it is a Saturday, Sunday or legal holiday in the State of Hawaii, in which event the
period runs until the next day which is neither a Saturday, Sunday nor a holiday.
Intermediate Saturdays, Sundays and holidays shall not be included in a computation when
the period of time prescribed or allowed is ten (10) days or less. A half day holiday shall be
considered as other days and not as a holiday. (Auth: HRS § 1-29)
1-10
§ 1-18 Continuances or extensions of time. Whenever a person or agency has a right
or is required to take action within a period prescribed or allowed by these rules, the
chairperson upon the filing of a proper motion or request by the person or agency, may
permit the act to be done after expiration of the specified period if such delinquency is clearly
shown to have been the result of excusable neglect. Such request must be filed no later than
ten (10) days prior to the hearing date set for the appeal and be accompanied by an affidavit
or other evidence or documents supporting the request for an extension or continuance. This
provision shall not apply to the twenty (20) days time period in which the petition of appeal
must be filed with the commission as required under section 1-39. (Auth: HRS §§ 76-14,
76-47)
§ 1-19 Service of process. (a) By whom served. The commission shall cause to be
served all orders, notices and other papers issued by it, together with any other papers that is
required by law to serve. All other papers shall be served by the parties filing them.
(b) Upon whom served. All papers served by either the commission or any party
shall be served upon all parties or their counsel. Any counsel entering an appearance
subsequent to the proceeding shall notify all other counsel of record and all parties not
represented by counsel of such fact.
(c) Service upon parties. The final order, and any other paper required to be
served by the commission upon a party and a copy shall be furnished to counsel of record.
(d) Method of service. Service of papers shall be made personally or, unless
otherwise provided by law, by first-class mail to the last known address.
(e) When service complete. Service upon parties, other than the commission,
shall be regarded as complete by mail upon deposit in the United States mail, properly
stamped and properly addressed to the parties involved.
(Auth: HRS §§ 76-14, 76-47)
§1-20 Commission decision. All final orders, opinions or rulings entered by the
commission in the proceeding and rules promulgated by the commission shall be served upon
the parties participating in the proceeding by first-class mail or personal delivery by the
commission. Copies of such material shall be available for public inspection in the office of
the commission or may be obtained upon request and upon payment of reasonable fees, if
any. (Auth: HRS §§ 76-14, 76-47)
Subchapter 3
RULES APPLICABLE TO RULEMAKING PROCEDURES
§ 1-21 Initiation of rulemaking proceedings. (a) Motion by commission. The
commission may, at any time on its own motion, initiate proceedings for the adoption,
amendment or repeal of any rule of the commission. Procedures to be followed in
rulemaking shall be as set forth in rules of the commission and the applicable statutes.
(b) Petition by person or agency. Any interested person or agency may petition
the commission for the adoption, amendment or repeal of any rule of the commission.
Petitions for rulemaking filed with the commission will become matters of public record.
(1) Form and content. Petitions for rulemaking shall conform to the
requirements of section 1-14 and shall contain the name, address
and telephone number of each petitioner; the signature of each
petitioner; a draft or the substance of the proposed rule or amendment or a
designation of the provisions the repeal of which is desired; a statement of the
petitioner's interest in the subject matter; and a statement of the reasons in
support of the proposed rule, amendment or repeal.
(2) Commission action. The commission shall, within thirty (30) days after
the filing of the petition for the adoption, amendment or repeal of any rule of
the commission, place the petition on the agenda for its next scheduled public
meeting. At the close of the public meeting the commission shall either deny
the petition or initiate rulemaking proceedings as provided for in these rules.
(3) Denial of petition. Any petition that fails in material respect to comply with
the requirements herein or that fails to disclose sufficient reasons to justify the
institution of rulemaking proceedings will be denied by the commission. The
commission shall notify the petitioner in writing of such denial, stating the
reasons therefor. Denial of a petition shall not prevent the commission from
acting on its own motion, on any matter disclosed in the petition. Petitioner
may seek a review of said denial through the circuit court pursuant to the
administrative procedure act and applicable rules of court and statutes.
(4) Acceptance of petition. If the commission determines that the
petition is in order and that it discloses sufficient reasons in support of the
petition the commission shall initiate the rule -making proceedings as provided
in sections 1-23 through 1-28.
(Auth: HRS § 91-6)
§ 1-22 Notice of public hearing. (a) Publication and mailing. When, pursuant to a
petition or upon its own motion, the commission proposes to adopt, amend or repeal a rule or
regulation, a notice of proposed rulemaking shall be published at least once in a newspaper of
general circulation in the county and such notice shall also be mailed to all persons or
agencies who have made timely written requests for advance notice of the commissioner's
1-12
rulemaking proceedings. All such notices shall be published at least thirty (30) days prior to
the date set for public hearing.
(b) Form. A notice of the proposed adoption, amendment or repeal of a rule or
regulation shall include:
(1) a statement of the date, time and place where public hearing will be
held;
(2) reference to the authority under which the adoption, amendment or
repeal of a rule or regulation is proposed; and
(3) a statement of the substance of the proposed rule.
(Auth: FIRS § § 91-3, 92-41)
§ 1-23 Conduct of hearing. (a) Presiding officer. The public hearing for the
adoption, amendment or repeal of rules and regulations shall be heard before the commission
and presided over by the chairperson of the commission or, in the chairperson's absence, by
the vice -chairperson. The hearing shall be conducted in such a way as to afford to interested
persons and agencies a reasonable opportunity to offer testimony with respect to the matters
specified in the notice of hearing and so as to obtain a clear and orderly record. The
presiding officer shall have authority to administer oaths or affirmations and to take all other
actions necessary to the orderly conduct of the hearing.
(b) Continuance of hearing. Each such hearing shall be held at the time and place
set in the notice of hearing but may at such time and place be continued by the presiding
officer from day to day or to a later date or to a different place without notice other than the
announcement thereof at the hearing.
(c) Order of proceeding. At the commencement of the hearing, the presiding
officer shall read the notice of hearing and shall then outline briefly the procedure to be
followed. Testimony shall then be received with respect to the matters specified in the notice
of hearing in such order as the presiding officer shall prescribe.
(d) Submission of testimony. Witnesses shall, before testifying, state their name,
address and whom they represent at the hearing, and shall give such other information as the
presiding officer may request. The presiding officer shall confine the testimony to the
matters for which the hearing has been called but shall not apply the technical rules of
evidence. Every witness shall be subject to questioning by the members of the commission
or by any other representatives of the commission; cross-examination by persons or agencies
shall be as permitted.
(e) Oral and written presentation. All interested persons or agencies will be
afforded an opportunity to submit data, views or arguments, orally or in writing, that are
relevant to the matters specified in the notice of hearing. The period for filing written
comments or recommendations may be extended beyond the hearing date by the presiding
officer for good cause. An original and eight copies shall be filed when submitting written
comments, recommendations or replies.
(f) Transcript of the evidence. Unless otherwise specifically ordered by the
commission, testimony given at the public hearing shall not be reported verbatim. All
supporting written statements, maps, charts, tabulations or similar data offered in evidence at
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the hearing, and which are deemed by the presiding officer to be authentic and relevant, shall
be received in evidence and made a part of the record. Unless the presiding officer finds that
the furnishing of copies is impracticable, nine (9) copies of the exhibits shall be submitted.
(Auth: HRS § § 91-3, 92-41)
§ 1-24 Commission action. The commission will consider all relevant comments and
material of record before taking final action in a rulemaking proceeding. Final action should
be taken within sixty (60) days after the final public hearing, or the expiration of any
extension period for submission of written comments or recommendations.
(Auth: HRS § 91-3)
§ 1-25 Emergency rulemaking. Notwithstanding the foregoing rules, if the
commission finds that an imminent peril to public health or safety requires adoption,
amendment or repeal of a rule or regulation upon less than thirty (30) days notice of hearing,
and states in writing its reasons for such findings, it may proceed without prior notice or
hearing or upon such abbreviated notice and hearing as it finds practicable to adopt an
emergency rule or regulation. The commission shall make an emergency rule known to
persons who will be affected by it by publication at least once in a newspaper or general
circulation in the county. (Auth: HRS § 91-3)
§ 1-26 Filing of rules. The commission, upon adopting, amending or repealing a rule
and approval by the mayor, shall file certified copies thereof with the county clerk.
(Auth: HRS § § 91-3, 91-4, 91-4.1)
§ 1-27 Taking effect of rules. Each rule adopted, amended or repealed shall become
effective ten (10) days after filing with the county clerk. If a later effective date is required
by statute or specified in the rule, the later date shall be the effective date; provided that no
rule shall specify an effective date in excess of thirty (30) days after the filing of the rule with
the county clerk. An emergency rule shall become effective upon filing with the county clerk
for a period not exceeding one hundred twenty (120) days without renewal unless extended
in compliance with the provisions of subdivisions (1) and (2) of section 91-3(a), HRS.
(Auth: HRS § 91-4)
§ 1-28 Publication of rules. The commission shall, as soon as practicable compile,
index and publish all rules adopted by the commission and remaining in effect. Compilations
shall be supplemented as often as necessary and shall be revised at least once every ten (10)
years. (Auth: HRS § 91-5)
1-14
Subchapter 4
RULES APPLICABLE TO DECLARATORY RULINGS
§ 1-29 Petitions for declaratory rulings. On petition of an interested person or
agency, the commission may issue a declaratory order as to the applicability of any statutory
provision or order of the commission.
(a) Form and Contents. The petition shall conform to the requirements of section
1-14 and shall contain the name, address and telephone number of each petitioner; the
signature of each petitioner; a designation of the specific provision, rule or order in question,
together with a statement of the controversy or uncertainty involved; a statement of the
petitioner's interest in the subject matter, including the reasons for submission of the petition;
a statement of the petitioner's position or contention; and a memorandum of authorities,
containing a full discussion of reasons and legal authorities in support of such position or
contention.
(b) Commission action. The commission shall, within a reasonable time after the
petition for a declaratory ruling is filed with the commission, either:
(1) Deny the petition and issue a written decision stating the reasons for
such denial;
(2) Issue a declaratory order on the matters contained in the petition; or
(3) Set the matter for hearing as provided in section 1-30.
(c) Dismissal of Petition. The commission may, without notice or hearing, dismiss
a petition for declaratory ruling that fails in material respect to comply with the requirements
of this part.
(Auth: HRS § 91-8)
§1-30 Request for hearing. Although in the usual course of disposition of a petition
for a declaratory ruling no formal hearing will be granted to the petitioner or to a party in
interest, the commission may in its discretion order such proceeding set down for hearing.
Any petitioner or party in interest who desires a hearing on a petition for a declaratory ruling
shall set forth in detail in the request the reasons why the matters alleged in the petition,
together with supporting affidavits or other written evidence and briefs or memoranda of
legal authorities, will not permit the fair and expeditious disposition of the petition and, to the
extent that such request for a hearing is dependent upon factual assertion, shall accompany
such request by affidavit establishing such facts. In the event a hearing is ordered by the
commission, section 91-9, HRS, shall govern the proceedings. (Auth: HRS § 91-8)
§ 1-31 Applicability or order. An order disposing of a petition shall be applicable
only to the factual situation described in the petition or set forth in the order.
(Auth: HRS § 91-8)
§ 1-32 Declaratory ruling on commission's own motion. Notwithstanding the other
provisions of this part, the commission may, on its own motion or upon request but without
1-15
notice or hearing, issue a declaratory order to terminate a controversy or to remove
uncertainty. (Auth: HRS § 91-8)
§ 1-33 Refusal to issue declaratory order. The commission may for good cause,
refuse to issue a declaratory order with specific reasons for such determination. Without
limiting the generality of the foregoing, the commission may so refuse where:
(1) The question is speculative or purely hypothetical and does not involve
existing facts, or facts that can be expected to exist in the near future;
(2) The petitioner's interest is not of the type that would give the petitioner
standing to maintain an action if such petitioner were to seek judicial relief,
(3) The issuance of the declaratory order may affect the interests of the
commission in a litigation that is pending or may reasonably be expected to
arise; or
(4) The matter is not within the jurisdiction of the commission.
(Auth: HRS § 91-8)
Subchapter 5
RULES APPLICABLE TO INITIAL PRICING AND COMPENSATION PLANS
§ 1-34 Pricing policies. (a) The white collar and blue collar compensation plans
applicable to the county shall be as consistent as is practicable with the objective of
achieving equal pay for equal work as provided in 76-1, HRS.
(b) It shall be the objective of each major plan to maintain proper relationships
between classes of positions within each compensation part and within and between the
county and its political jurisdictions based on objective criteria and systematic job evaluation
of classes, unless it has been agreed in accordance with chapter 89, HRS, to negotiate the
repricing of classes. The development of each compensation plan shall be governed by a
policy encompassing the criteria set forth in subsections (c) through (f).
(c) Salary range or wage board grade assignments for the various classes of work
in each compensation part of the plan shall be set in proper relationship to one another so that
like salary range or wage board grade assignments are made for comparable duties and
responsibilities.
(d) Salary range or wage board grade assignments between relatable classes in
each compensation part of the plan are to be set in a manner consistent with the ranking of
classes from low to high in recognition of the varying complexities, difficulties, and nature of
responsibilities.
(e) The initial pricing of classes shall not be influenced by employee benefit
considerations, night shift and other similar working condition differentials which are
separate and distinct parts of pay administration, except where such benefits are considered
in the pricing of the classes.
(f) Due consideration shall be given to the financial condition of government.
(Auth: HRS §§ 76-14, L 2000, c 253, §149)
1-16
§ 1-35 Pricing standards. (a) All classes of positions which perform work in
recognized trades or crafts or other skilled mechanical crafts or unskilled, semi -skilled, or
skilled manual labor occupations, including positions of inspectors and supervisors having
trades, crafts or laboring experience and knowledge as the paramount requirement shall be
included in the blue collar compensation plan. All other classes of positions shall be
included in the white collar compensation plan. The commission shall:
(1) Adopt and maintain guidelines for the determination of classes within the
appropriate plan; and
(2) Determine appeals against inclusion and exclusion of classes consistent with
the definition and guidelines.
(b) The commission shall adopt and maintain bench mark classes for each
compensation part of each plan in accordance with the following criteria:
(1) Achieve the principle of equal pay for equal work;
(2) Serve as pivotal classes in that assignment of other classes within a series of
classes of salary range or wage board grade may be made with reference to
these classes;
(3) Are easily identifiable work where the nature of duties and responsibilities and
the level of complexity are representative; and
(4) Are common to all or most of the jurisdictions or serve as essential and sound
reference points to the salary program of a governmental jurisdiction.
(c) The evaluation and ranking of classes within the framework of each
compensation part of each compensation plan shall be in accordance with subsections (d)
through (g).
(d) Bench mark classes shall be identified to establish and reflect base
relationships between classes and to illustrate the level of work found at various salary ranges
or grades.
(e) Classes shall be evaluated and ranked by the methods set forth in established
guidelines.
(0 Guidelines shall be adopted and maintained to rank classes using appropriate
individual or combined evaluation factors from the following:
(1) Knowledge and skills required. The nature and extent of information or facts
which must be understood and applied in order to do acceptable work, and the
nature and extent of skills needed to apply these knowledges, i.e. training and
experience.
(2) Supervisory controls. The nature and extent of direct or indirect controls
exercised by the supervisor, i.e. the extent of responsibility for work product
and the method of reviewing completed work.
(3) Guidelines. The nature of the guidelines available and the judgment required
in applying them.
(4) Complexity. The nature, number, variety, and intricacy of tasks, steps,
process, or methods in the work performed; difficulty in identifying what
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needs to be done; the difficulty and originality involved in performing the
work; and the scope and effect of work done.
(5) Personal contacts. The nature and purpose of face-to-face, telephone, and
other dialogue with persons not in the supervisory chain which ranges from
the exchange of information to those cases involving significant or
controversial issues, differing viewpoints, goals, or objectives.
(6) Physical demands. The physical abilities and exertion required.
(7) Work environment. The risks and discomfort in the work's physical
surroundings or the nature of the work assigned and the safety precautions
required.
(8) Supervisory skills. The nature and scope of getting work done by
subordinates with accountability to superiors for the quality and quantity of
work and for assuring efficient and economical work operations.
(9) Managerial responsibilities. The nature and scope of line or staff programs
which involve:
(A) Directing the work of a sizeable organization through subordinates
who control and guide the operations;
(B) Making decisions or recommendations on contents and character of
operations, policies, programs and goals, planning and evaluation
activities, and personnel matters affecting key persons and positions;
(C) Monitoring and accounting for the success of specific line or staff
programs and for attainment of planned goals and objectives; and
(D) Assessing the impacts of operational activities on public relations,
legislative or judicial concerns, and labor-management affairs.
Each factor may have differing values or weight, and shall be consistently
applied to each class within the compensation part of each plan.
(g) The commission shall adopt and maintain guidelines to reflect relationships
between compensation parts of each plan to insure the objectives of section 1-34 are carried
out effectively.
(Auth: HRS §§ 76-14, L2000, c 253, 149)
§ 1-36 Determination of blue collar classes. (a) Any person who has standing to
appeal pricing in accordance with section 1-38 may file to determine the inclusion or
exclusion of the person's class from the blue collar compensation plan in conjunction with an
initial pricing appeal.
(b) Appeal on the appropriateness of the assigned compensation plan shall be filed
on a special form furnished by the commission and it shall conform to the requirements of
section 1 -39.
(c) The commission shall be guided by section 1-35 and other commission
guidelines in determining whether a class belongs to the white collar or blue collar
compensation plan.
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(d) The remaining procedures and requirements of subchapter 6 of these rules shall
be applicable in determining the appropriateness of the designated compensation plan and the
proper pricing of the class under appeal within that plan.
(Auth: HRS § 76-14)
§ 1-37 Amendments to Compensation Plans. (a) The commission shall report
adjustments to the director for notification to departments agencies and other jurisdictions for
amendment to the compensation plan.
(b) The effective date on initial pricing appeals where the decisions are
in favor of the appellants shall be retroactive to the effective date of the action of the director.
(Auth: HRS § 76-14)
Subchapter 6
RULES APPLICABLE TO APPEALS
§ 1-3 8 Standing to appeal. (a) The commission shall decide appeals from any action
under this chapter taken by the chief executive, the director, an appointing authority, or a
designee acting on behalf of one of these individuals, relating to:
(1) Recruitment and examination;
(2) Classification and reclassification or a particular position;
(3) Initial pricing of classes; and
(4) Other employment actions under this chapter, including disciplinary actions
and adverse actions for failure to meet performance requirements, taken
against civil service employees who are excluded from collective bargaining
coverage under section 89-6, HRS.
(b) Any person suffering legal wrong by an action under subsection (a)(1)
or aggrieved by such action shall be entitled to appeal to the commission.
Any employee covered by chapter 76, HRS, suffering legal wrong by an action under
subsection (a)(2) or (3) shall be entitled to appeal to the commission. Only employees
covered by chapter 76, HRS, who are excluded from collective bargaining, suffering legal
wrong by an action under subsection (a)(4) shall be entitled to appeal to the commission.
Persons who may file initial pricing appeals are:
(1) an employee, or the employee's designated representative may file a pricing
appeal on a new class to which the employee's position is allocated;
(2) the director of a department or the director's designated representative may
file pricing appeals on classes in which it has positions; and
(3) an employee organization acting on behalf of its membership may file pricing
appeals on the classes in which it has members.
(c) The commission shall not act on an appeal, but shall defer to other authority,
if the action complained of constitutes a prohibited act that is subject to the jurisdiction of
1-19
another appellate body or administrative agency or the grievance procedure under a
collective bargaining agreement;
(d) The commission shall not proceed on an appeal or shall hold proceedings in
abeyance if there is any controversy regarding its authority to hear the appeal until the
controversy is resolved by the Hawaii Labor Relations Board;
(e) The commission shall not proceed on an appeal unless all internal complaint
procedures, including administrative review and departmental complaint procedures have
been exhausted.
(Auth: HRS § 76-47)
§ 1-39 Filing of appeal. (a) Time. Any person who has standing to appeal shall file a
petition of appeal to the commission within twenty (20) calendar days after notice of the
action was sent by the director or appointing authority. For purposes of this rule the date
notice of the action is sent shall be construed as either:
1-14.
(1) If the notice is mailed, the date the director or appointing authority mails the
notice by first class mail to the person's last known address; or
(2) If the notice is not mailed, the date the notice is hand delivered to the person.
The petition of appeal shall be filed with the Office of the Commission at
4444 Rice Street, Suite 140, Lihue, Hawaii 96766, between the hours of 7:45
a.m. and 4:30 p.m. of each workday. All petitions submitted to the
commission beyond the twenty (20) day period shall be deemed untimely and
shall not be considered an appeal by the commission.
(b) Form. The petition of appeal shall conform to the requirements of section
(c) Content. The petition of appeal shall contain the following information:
(1) A statement and description of the adverse action being appealed from the
person filing the petition of appeal.
(2) The particular rule, regulation, statute, or policy that was violated by the
director or appointing authority.
(3) A statement and description of all material and relevant facts in support of the
appeal indicating how and in what manner the particular rule, regulation,
statute, or policy was violated by the director or appointing authority.
(4) A statement of the issues involved in the appeal. Provided, that in the event
the appellant is unable to ascertain the particular rule, regulation, statute or
policy that was violated by the director or appointing authority or state all
material and relevant facts in support of the appeal at the time the petition of
appeal is filed, the appellant may, within thirty (30) days of the filing of the
original petition of appeal, file an amended petition of appeal. For the
purpose of the twenty (20) day filing limitation, the appeal shall be effective
as of the date the original petition of appeal was filed.
(5) Initial pricing appeals shall:
(a) be limited to a single class; and contain:
(1) the name and signature of each petitioner;
1-20
(2) the address and telephone number of each petitioner of the designated
representative for any position having four or more petitioners;
(3) all pricing appeal issues including a concise statement of relevant
facts; and
(4) the remedy sought, including the rationale.
All other materials intended to support the pricing appeal issues shall be
submitted in the proper number of copies and within fifteen (15) days after
submission of the pricing appeal.
(b) be based on conditions existing at the time of the dated position
description on which the new class and the initial pricing action was
taken.
(c) amended pricing appeals which are submitted within period prescribed
in section 1-15 shall be effective as of the date of the original filing.
(Auth: HRS §§ 76-14, 76-47)
§ 1-40 Notice. All parties shall be given written notice of the hearing by registered or
certified mail with return receipt requested at least fifteen (15) days prior to the hearing. The
notice shall include a statement of.
(1) The date, time, place and nature of the hearing;
(2) The legal authority under which the hearing is to be held;
(3) The particular sections of the statutes and rules involved;
(4) An explicit statement in plain language of the issues involved and the facts
alleged by the appellant in support thereof; provided that if the appellant is
unable to state such issues and facts in detail at the time the notice is served,
the initial notice may be limited to a statement of the issues involved; and
(5) The fact that any party may retain counsel if such party so desires.
(Auth: HRS §§ 76-14, 76-47)
§ 1-41 Appeal hearing. (a) General. An appeal shall be conducted as a contested
case under chapter 91, HRS. The commission shall, upon receipt of an appeal, order the
matter set for hearing. In any appeal, all parties shall be afforded an opportunity for hearing
after reasonable notice. Opportunities shall be afforded all parties to present evidence and
argument on all issues involved. Any procedure in a contested case may be modified or
waived by stipulation of the parties and informal disposition may be made of any appeal by
stipulation, agreed settlement, consent order or default; provided that waiver of any
procedure includes procedural requirements of section 91-11, HRS.
(b) Time and place. Hearing shall be held at the time and place set forth in the
notice of hearing, but may at such time and place be continued from day to day or to a later
day or to a different place without notice other than the announcement thereof by the
presiding officer or hearing officer at the hearing.
(c) Nature of hearing. The nature of the hearing, whether open or closed, shall be
governed by subsection 1- 7 (c).
1-21
(d) Before whom. Appeals shall be heard before the commission or a hearing
officer duly appointed by the commission.
(e) Presiding officer. When a proceeding is conducted before the commission
itself, the proceeding shall be presided over by the chairperson of the commission or, in the
chairperson's absence, by the vice -chairperson.
(0 Powers of presiding officer. The presiding officer at a proceeding shall have
authority to control the course of the hearing; to hold conferences open to the public on
which they have had notice, for the settlement of simplification of issues; to administer oaths
and affirmation; to grant application for and issue subpoenas; to take or cause depositions to
be taken; to rule upon offers of proof and receive relevant evidence; to limit lines of
questioning or testimony that are irrelevant, immaterial or repetitious; to rule upon all
objections, procedural requests and motions that do not involve final determination of
proceedings; to dispose of any other matter that normally and properly arises in the course of
the proceeding; and to take all other actions authorized by chapter 76, HRS, Hawaii
Administrative Procedure Act, rules of the commission or by any other statute, that are
deemed necessary to the orderly and just conduct of the hearing.
(g) Pre -hearing motions and requests. All pre -hearing motions and requests shall
be filed with the office of the commission and served on the opposing party by personal
service or by first class mail no later than two (2) weeks prior to the hearing date set by the
commission for the appeal.
(h) Any hearing officer, board member or representative of the commission shall
not consult with the director or representative of the petitioners, union, department director or
their representatives on any matter pending before the commission except on notice and
opportunity for the appellant or the appellant's representative and the director or
representatives to participate.
(i) Disqualification. No hearing officer or commissioner shall be assigned to
serve in any proceeding who h4s any pecuniary interest in any matter or business involved in
the proceeding; who is related within the first degree by blood or marriage to any party to the
proceeding; or who has participated in an investigation preceding the institution of the
proceeding or in a determination that it should be instituted or in the development of the
evidence to be introduced therein.
0) Record of the hearing. The record of the hearing shall be compiled in
conformance with section 91-9(e), HRS. The commission will make provisions for
stenographic record of the testimony, but it shall not be necessary to transcribe the record
unless requested for purposes of pre -hearing or court review. Any person desiring a copy of
the record of a hearing or any part thereof shall be entitled to the same upon written
application to the commission and upon payments of reasonable costs thereof.
(k) Witnesses.
(1) Subpoenas. Subpoenas requiring the attendance of witnesses or the
production of documentary evidence from any place within the State of Hawaii
at any designated place of hearing may be issued by the presiding officer or
any designated member of the commission or by the hearing officer.
Application for subpoenas shall be made in writing to the commission or
1-22
hearing officer. The application shall specify the particular documents or data
desired and shall show their relevancy to the issues involved. Application
shall be made at least five (5) days prior to the hearing. If application is made
at a later time, the commission may, in its discretion, issue subpoenas and or
continue the hearing or any part thereof. Enforcement of obedience to
subpoenas issued by the commission and served pursuant to these rules will be
effected by written application of any member of the commission to any
circuit judge.
(2) Fees. Witnesses summoned shall be paid the same fees and mileage as are
paid witnesses in circuit courts of the State of Iiawaii and such fees and
mileage shall be paid by the party at whose instance the witnesses appear.
Fees for the depositions shall be paid by the party at whose instance the
depositions are taken.
(3) Oath. Witnesses shall be placed under oath or affirmation prior to testifying.
(1) Order of proceeding. At the commencement of the hearing, the presiding
officer or hearing officer shall read the notice of hearing and shall then outline briefly the
procedure to be followed. Such procedure, unless specifically prescribed in these rules or by
the Hawaii Administrative Procedure Act or by any other applicable statute shall, in the
opinion of the presiding officer or hearing officer, best serve the purpose of the hearing
without prejudice to any party. Following the outlining of the procedures to be followed, the
commission or the hearing officer shall first consider all pre -hearing motions or requests filed
by the parties.
(m) Submission of testimony. All parties shall be given reasonable opportunity to
offer testimony with respect to the matters relevant to the proceeding. Witnesses shall,
before proceeding to testify, state their name, address and whom they represent at the hearing
and shall give such information respecting their appearance relevant to the proceeding as the
presiding officer or hearing officer may request. The presiding officer or hearing officer
shall confine the testimony to the matters for which the hearing has been called, but need not
apply the technical rules of evidence except as required by statute. Each witness may
be subject to questioning by members of the commission and by any representative of the
commission. Each witness may also be subject to cross-examination by the adverse
party at the discretion of the presiding officer. Each party shall have the right to submit
rebuttal evidence and rebuttal arguments.
(n) Official notice of facts. The commission or hearing officer shall take notice of
judicially recognizable facts and may take notice of generally recognizable technical or
scientific facts within the commission's or hearing officer's specialized knowledge when
parties are given notice either before or during the hearing of the material so noticed and
afforded the opportunity to contest the facts so noticed.
(o) Additional evidence. At the hearing, the presiding officer or hearing officer
may require the production of further evidence upon any issue.
(p) Closing the hearing. After all the evidence has been presented, the
1-23
commission or hearing officer shall give the parties opportunity to summarize. Within
reasonable time after such final arguments have been completed and all requested
memoranda submitted, the commission or hearing officer shall bring the matter to a close.
(q) Proposed findings and conclusions. The commission or hearing officer shall
permit parties to file proposed findings and conclusions, together with the reasons therefore
at the close of the hearing or within such time as is extended at the discretion of the
commission or hearing officer. Such proposal shall be in writing and shall contain references
to the record and to the authorities relied upon. Copies thereof shall be furnished to all
parties.
(r) Commission action. (1) General. If the commission finds that the director or
the appointing authority violated any applicable civil service rule, regulation, law or policy;
the commission shall grant such relief to the appellant as allowed by law. If the commission
finds that the director or the appointing authority did not violate any applicable civil s(N-vice
rule, regulation, law or policy; the commission shall deny the appeal and uphold the action of
the director or the appointing authority.
(2) Appeals relating to failure to meet performance requirements. The
commission shall use the conditions listed in section 76-41(c), HRS, in
reaching a decision on whether actions taken by the appointing authority
based on a failure by the employee to meet the performance requirements of
the employee's position is with or without merit.
(3) Suspensions, discharge and demotions. If the commission finds that the
reasons for the action are not substantiated in any material respect, the
commission shall order that the employee be reinstated in the employee's
position, without loss of pay, but if the commission finds that the reasons are
substantiated or are only partially substantiated, the commission shall sustain
the action of the appointing authority, provided that the commission may
modify the action of the appointing authority if it finds the circumstances of
the case so require and may thereupon order such disposition of the case as it
may deem just.
(s) The commission shall confine its findings and decision on initial pricing
appeals addressed to the appropriateness of either their assigned compensation plan and
salary range or wage board grade assignment. Classification matters shall be heard in
separate appeal.
(t) Findings and decisions. The findings and decisions of the
commission shall be final on all appeals, unless an appeal is taken pursuant to section 91-14,
HRS. For initial pricing appeals, findings and decisions of the commission shall be
final until the next review of the compensation plans or negotiated repricing.
(u) Notice of decision. The commission shall, within sixty (60) days after the
close of the hearing on the appeal, or such other time as the commission may deem
reasonable, notify all parties of its decision and order by delivering or mailing a certified
copy of the decision and order to each party or to such party's attorney of record. This
decision and order shall include separate finds of facts and conclusions of law and, if the
1-24
parties have presented to the commission proposed findings of fact the commission shall
incorporate in its decision a ruling upon each proposed finding so presented.
(Auth: FIRS §§ 76-14, 76-47, Art XV, RCC, Sec. 15.03)
1-25
CIVIL SERVICE COMMISSION
Subchapter 7
Policies and Procedures for Rules on the
Selection, Evaluation, and Dismissal of the Director
of Personnel Services
1-42 Authority for Rule-makin
Pursuant to Article XV Section 15.03A of the Kauai County
Charter ("Charter"), the Civil Service Commission of the
County of Kaua'i ("Commission") adopts the following
administrative rules pertaining to the selection, evaluation,
and dismissal of the Director of Personnel Services.
1-43 Authority to Appoint Director of Personnel Services:
Pursuant to Article XV Section 15.04 of the Charter, the
Director of Personnel Services shall be appointed by the Civil
Service Commission. Prior to the appointment of a Director
of Personnel Services the Commission shall obtain
certification from the Department of Personnel Services that
each applicant meets the minimum qualifications set forth in
Article XV Section 15.04 of the Charter. The Commission
shall develop and periodically review the position
description for the Director of Personnel Services position.
The Commission shall transmit a copy of the position
description to the Department of Personnel Services.
1-44 Authority for the Director of Personnel Services to Appoint a
Deputy:
The Director of Personnel Services may appoint a Deputy
Director of Personnel Services to assist with his or her duties
as provided in Article XV Section 15.04 of the Charter. The
C5e"
Director of Personnel Services shall develop and periodically
review the position description for the Deputy Director of
Personnel Services position. The Director shall transmit a
copy of the position description to the Department of
Personnel Services.
1-45 Selection of the Director of Personnel Services:
The Director shall be selected in the following order:
1. First, by nomination of candidates to the Commission by
any of the Civil Service Commissioners;
2. Second, if no candidates are nominated by any Civil
Service Commissioner or the Commission fails to take
action on any of the nominated candidates, the
Commission may:
a. Form a select committee to compile a list of
candidates for recommendation to the Commission;
or
b. Contract with a consultant, specializing in the
recruitment of employees, to compile a list of
candidates for recommendation to the Commission;
or
c. Agree, by majority of the Commission, to develop its
own process to select the Director.
1-46 Provisions for the Evaluation of the Director of Personnel Services
and Deputy Director of Personnel Services:
1. The Commission shall annually evaluate the performance
of the Director.
2. The Director shall annually evaluate the performance of
the Deputy Director.
3. The performance evaluations shall be conducted in
accordance with the "Administrative Policies and
Procedures" established by the Department of Personnel
Services.
1-47 Dismissal of the Director of Personnel Services
The Director serves at the pleasure of the Commission and
can be dismissed at any time without cause or hearing on
the matter.
Overview to amend the "Rules of the CSC/Merit Appeals Board" Document
1. Discuss and list/highlight amendments to the document or possibly assign two
Commissioners to work on changes.
a. Propose changes at a scheduled meeting.
b. Support staff will incorporate amendments to the document.
2. Proofread Ramseyer version.
a. Support staff will maintain Ramseyer version and incorporate additional edits and
changes as needed.
b. This process may take several meetings before the final document.
3. Proofread final document. Approve final document at a scheduled meeting and set date of
the Public Hearing.
4. Support staff will draft the Public Hearing Notice with a written description of the changes.
a. Indicate the date, time and location of the Public Hearing on the "Notice of Public
Hearing".
5. Support staff will publish the "Notice of Public Hearing" in the Garden Island Newspaper
(30) days before the Public Hearing Date/Civil Service Commission meeting.
6. Conduct the Public Hearing at a scheduled Civil Service Commission meeting.
7. Close the Public Hearing.
8. Approve the final document or if there are any changes to the final document it would
require approval at the next scheduled meeting.
9. Once the final document is approved, support staff will complete the following;
a. Prepare Certificate — date of public hearing, date of adoption, chair to sign.
b. Note on coversheet date of the amendments approved/adopted by the Civil Service
Commission.
c. Print five original copies of the final approved document.
i. Chair signs all five original copies.
ii. Deputy County Attorney signs all five original copies.
iii. Mayor signs all five original copies.
10. Support Staff will transmit all five original copies to the Office of the Mayor for transmittal
to the Office of the County Clerk.
11. County Clerk will transmit all five original copies to the Office of the Lieutenant Governor
for recording.
� e)& )-. 0)�) ---I (,p P- a -
Copied verbatim from Approved Civil Service Commission Open Session Minutes on file
July 22, 2014
CSC 2014-08 Discussion and possible decision -making on amending the CSC Rules to allow for a
section governing the selection, evaluation and dismissal of the Department of Personnel
Services/Human Resources Director
Vice Chair Morita said he would strongly support adopting these Rules, but would like to defer this item
for discussion with the full Commission.
Ms. Matsumoto stated in 2001 the State Legislature reformed the Civil Service Laws, which became
effective in July 2002. DPS revised its rules and policies, which went through a public hearing before being
adopted. But instead of being the Merit Appeals Board (MAB) the Mayor decided he wanted a
combination of civil service type authority as well as a merit appeals board. Since the rules are clearly
appellate, Ms. Matsumoto asked Deputy Attorney Courson to provide guidance on administrative rules so
the Commission does not overstep the boundaries in place. While similar to the Planning Department
with the responsibility for the hiring and firing of the Director through the Charter, according to HRS the
Merit Appeals Board was created to hear appeals. Ms. Matsumoto also pointed out that a Public Hearing
to amend the Rules will delay the hiring of a Director.
Vice Chair Morita personally thought it was sad that each commission does not have a set policy to follow.
Ms. Hahn said even if it takes longer, it makes sense to have this type of structure set up first.
Ms. Morikami said the Civil Service Commission does not have to adopt the rules established by the
Planning Commission, they can be used as a guideline in their deliberations. The rules can be adopted at
any time in the future. Deputy Attorney Courson said he was going to also make that suggestion since
there are timeline concerns.
The proposed Rules will be placed on the August agenda as a guideline in the implementation of hiring a
Director.
MOTION: Ms. Hahn moved to defer decision -making on amending the CSC Rules. Ms. Golden seconded
the motion.
WITHDREW MOTION: Ms. Golden withdrew her second. Ms. Hahn withdrew her motion.
MOTION: Ms. Hahn moved to use the Planning Department's Rule as a guideline in the hiring of a
Director and in the future, consider incorporating them as part of this Commission's Rules. Ms. Golden
seconded the motion. Motion carried 4:0
Page lof8 �% 200. I' n Pe 6,
March 24, 2015
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 Courson explained the one big change made to the guidelines is that the resumes will
not go to Human Resources but to the Commission. Ms. Adams said she would be happy to attend the
Public Hearing when it is scheduled if the Commission would like her assistance. Ms. Rapozo noted these
were guidelines and not the rules the Planning Commission adopted and questioned the status of the
Commission's rules. Deputy Attorney Courson said they have not done the rules yet as the plan would be
to incorporate as many changes as they can for an efficient use of resources. Vice Chair Low clarified that
the rules go before a public hearing whereas the guidelines are a working document to which the
Attorney stated he would have to check on that. Chair Low suggested incorporating a step by step
process whereby new commissioners would understand what needs to be done at a certain point.
Deputy Attorney Courson said he could work on a flow chart to let the commissioners know the various
steps in the complaint process.
Chair Morita noted that most of the commissions that appoint their directors might be okay using the
guidelines developed by the Planning Commission, but the uniqueness of the Civil Service Commission
working with and responsible for the hiring of the Director of Human Resources makes our amendments
quite specific to this Commission. Ms. Rapozo agreed it seemed appropriate that HR would not be
accepting resumes for the position of Director of HR.
NO MOTION
April 28, 2015
CSC 2015-04 Review Department and Commission's procedures and forms for filing appeals (On -going)
Ms. Rapozo explained that Deputy County Attorney Nick Courson is the lead on this, but is absent today
and therefore asked for a deferral.
MOTION: Ms. Hahn moved to defer this item to the next meeting. Mr. lose seconded the motion.
Motion carried 6:0
May 26, 2015
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)
No Commission action pending input from Deputy Attorney Courson.
NO MOTION
Page 2 of 8
June 23, 2015
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)
Attorney Courson noted he anticipated completing this item faster that CSC 2015-04 and it can be left on
the agenda as on -going.
NO MOTION
August 25, 2015
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)
Attorney Courson said he would like to review this with the Administrator, Mr. Furfaro, before he
presents suggestions to the Commission for decision making. Ms. Rapozo said the guidelines do not need
to go to public hearing; it was something the Planning Commission did so when it came time to
implement that rule if they needed to hire or fire the director they would have a guideline on the steps to
follow. The Rules would need to be approved to go to public hearing. Staff said the decision has not been
made as to whether the guidelines should be rolled into the Rules as a stepping stone for the future or
just remain as a guideline. Ms. Rapozo explained the process and reasoning the Planning Department
used in keeping the guidelines separate from their Rules. Mr. Low recalled the Civil Service Commission
had discussed the options before and they also did not want to tie the guidelines to the Rules.
NO MOTION
September 22, 2015
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)
Attorney Courson stated he met with Boards and Commissions and some concerns came up, which have
been researched and addressed. Basically the concern was did HRS (Hawai'i Revised Statutes §76-75)
provide any rules for the appointment of the personnel director and the answer is yes. HRS does provide
something but it is real scanty. The merit appeals board, which is this Commission, shall appoint and may
at pleasure remove a personnel director, who shall be the chief administrative officer of the department
of civil service. The director shall, at the time of the director's appointment, and thereafter, be
thoroughly familiar with the principles and methods of personnel administration and shall believe in
applying merit principles and scientific administrative methods to public personnel administration. The
Commission may want to make sure that is incorporated into the selection rules, but it is not something
that would probably be overlooked; it is a pretty basic thing. The "may at pleasure remove" is the main
Page 3 of 8
thing; appoint and remove is completely consistent with the Charter. This review is, however, still on-
going.
Attorney Courson also took the opportunity to introduce his colleague Teresa (Tumbaga) who will be
taking over as counsel for the Civil Service Commission.
NO MOTION
November 24, 2015
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 Hawai'i 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 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
Page 4 of 8
rules because they did 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.
NO MOTION
January 26, 2016
CSC 2016-01 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)
a. CSC Guidelines for Selection, Evaluation, and Dismissal of HR Director
b. Proposed changes to the Civil Service Commission Rules and discussion of the required Public
Hearing
C. Planning Department Task Force/Select Committee Report from 2013
Attorney Tumbaga stated she was asked at the last meeting whether anyone had made a motion to
accept the Rule amendment. In going through past minutes, no motion was made to accept the Rule
amendment pertaining to the HR Director. The work was not completed at the March meeting because
the plan was to go through all the Rules and incorporate any and all changes at one time to be efficient.
In August the Commission discussed that the Rules need to be approved to go to Public Hearing. The
Commission did not want the Guidelines to be tied to the Rules, which was discussed again in November.
In summary, Rule changes have not be accepted or approved. The Guidelines were amended pursuant to
discussion by the Commission but you should take a look at all the Rules so they can all be amended at
one time and then set a future agenda item to cover that.
Attorney Tumbaga did have one suggestion for the Policies and Procedures for the Rules that pertains to
the HR Director, which would be to add in §1-44 the words "pursuant to HRS §76-76" just following The
Page 5 of 8
Director of Personnel Services may appoint a Deputy Director of Personnel Services because that statute
gives the authority for the Human Resources Director to designate a qualified person as the deputy.
Ms. Hahn said her understanding is if they go with rules they have to be formalized and then go to Public
Hearing. Up to now the Commission has been working with guidelines; guidelines are internal and they
are not something that has to go through formal adaptations. Because HR is a totally new situation and is
still evolving for the first year or two, the Commission might want to stay with guidelines just to see how it
flows and not try to make rules yet.
Attorney Tumbaga verified that there are no rules currently in place regarding the HR Director.
Mr. Morita asked if they could make a motion today to accept the guidelines for hiring a Director and
make amendments later.
Attorney Tumbaga said her understanding of why Planning had guidelines in place was because they
made a Rule and they wanted to make sure the future Commissions could understand how to implement
the Rule. Here, if there is no Rule that the Commission made, it is not a good idea to try to adopt a
guideline since there is no Rule in place. The authority to appoint the HR Director comes from the Charter
and then the Commission has the authority to adopt the Rule. You would need to go through the actual
procedure and to skip that and make an informal guideline does not seem to comply with the Rules of
Administrative Procedure. If the Rule is going to be adopted it then has to go to Public Hearing. Attorney
Tumbaga said there is no requirement that they have to make a Rule. Planning did it because they
wanted to ensure they were properly using their powers under the Charter when they appointed a
Director, but there is nothing that says if you don't have it in place you are violating anything. For the
future if the Commission wants to have a Rule in place then you should consider doing it.
Ms. Matsumoto said they used the Guidelines for selecting the current Director just as Guidelines. As far
as the Planning Department, this Commission wanted to stay aligned with what they were doing, which is
why we decided to go with the Guidelines following their format. We don't need to put it into the Rules
because HRS gives the authority.
Attorney Tumbaga said when they say they used the Guidelines she was not sure if they officially
accepted them, but in the HRS there is no official guideline.
Mr. Morita said the reason they used those Guidelines was there were zero guidelines for the Commission
to hire a Director, so we decided not to adopt the Rules but create the Guidelines.
Ms. Matsumoto said her concern with making a Rule is that should the HRS change like it did fifteen years
ago all of the Rules would have to be changed again. It limits the Commission instead of giving flexibility.
Ms. Rapozo wanted to give some background because she did sit on the committee that helped develop
this process for the Planning Commission. The reason they did Rules versus Guidelines, the committee
members that were present wanted to ensure that the process would be in place after they left. If it was
just Guidelines they felt they could be changed at any time. The Rules are very specific that they have to
go through the process of the selection committee and then they could hire a consultant and then go
Page 6 of 8
headhunter. The Planning Commission did not want a new Commission to go straight to a headhunter and
they wanted it in the Rules so it couldn't be changed, or if it could be changed it would have to go through
a process. It does lead to less flexibility, but they wanted that in the Rules. They also wanted to prevent
some political part as well.
Ms. Davis said she also recalled the Commission wanted to use the Guidelines since they were not using
the normal hiring process of going to the outside, and this would cover an area like nominating candidates
by the Commission and to provide background for their reasoning.
Chair Low said that was his recollection, but also the Commission was not trying to reinvent the wheel
and the way Planning did it was a good way. Chair Low said he was not talking about adopting the
Guidelines as Rules or making a Rule that says you must follow these Guidelines. Every commission
should have their own ability, if they are going to be charged with finding a new director, to be able to do
it the way they think is the right way and not be tied to a Commission that is 12 years past. The thing with
the politics doesn't fly because that is kind of politicking the backdoor way because you are setting it
forever that people have to do it that way. Chair Low thought they should consider not tying the
Guidelines to the Rules — that they are a separate entity.
Mr. Morita disagreed with that and asked if the other Boards and Commissions (who appoint) are
involved with this too. Ms. Rapozo said the push was to try to come up with some type of standard
process, so they wanted to do it for Planning first in the hope that other Commissions with department
heads would follow suit, not to say it has to be adopted in the exact same way. The intention was to try
to come up with some kind of standardized process. Mr. Morita said he would like to see consistency as
far as the process is concerned and suggested getting the six Boards and Commissions together and do
the Public Hearing all at once as a whole as opposed to doing it by each Board and Commission.
Ms. Matsumoto said it will never happen with some Boards and Commissions. Staff suggested it would
have to be individual because Rules are individual to each Commission.
Chair Low said he would agree if they were all the same, but he is not comfortable with one size fits all. It
should be something all the Commissions can live with and not decided by one.
Ms. Hahn also did not think any one Commission would go out of their way to study the Rules unless the
issue was on their table. It would come up as the need arises. Having a model was very useful and the
Commission was able to choose the guidelines we felt were applicable to the situation at the time. We
had the freedom and the flexibility to do that because we were not held by a Rule. Until a Rule becomes
evident Ms. Hahn said she was totally in favor of sticking with Guidelines if it is not a violation to not have
a Rule.
Asked about Rules, Ms. Rapozo said the Commission does have Rules but they do not address the hiring of
a Director.
Chair Low then felt they do need to come up with something to address that. Mr. lida asked if they could
have a rule that states they will follow these Guidelines.
Page 7 of 8
Ms. Hahn said they were not mandated to have rules about that; they can get by with only the Guidelines.
Attorney Tumbaga said she was not precisely asked that, but that is a concern to make sure if they are
adopting something as a body without the rule in place if that is allowed. Attorney Tumbaga was of the
understanding from Attorney Courson that in using the Guidelines they would then use that process to
make Rules. In looking at the HRS administrative procedures and when agencies are required to make
rules she would like to look at it further before giving a final opinion. The rule does not need to be so
specific that it ties everyone to something super specific. Parts of the draft Rules are not that specific, but
§1-45 is because there is an order to follow, but it can be made more general. Attorney Tumbaga said if
they officially accept the Guidelines she wants to make sure it is being done properly.
Chair Low said his recollection was that Attorney Courson answered that and they could just go by
Guidelines for the selection, but it would be prudent to confirm that is in fact proper.
Attorney Tumbaga said regarding the Rules themselves if the Commission does want to look at the Rules
she has gone through all of them, and there are certain areas they can adjust to make them more precise
and match up with the statute.
Chair Low asked if they could convince Attorney Tumbaga to include that with what she is doing on the
Guidelines. Attorney Tumbaga said she could if that is something the Commission wants to do.
MOTION: Mr. Morita moved to defer CSC 2016-01. Mr. lida seconded the motion. Motion carried 5:0
February 23, 2016
CSC 2016-01 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)
a. CSC Guidelines for Selection, Evaluation, and Dismissal of HR Director
b. Discussion and possible decision -making in consideration of proposing changes to the Civil
Service Commission
MOTION: Mr. lida moved to defer this item indefinitely. Ms. Hahn seconded the motion. Motion carried
5:1 (Nay -Morita)
Page 8 of 8
RULE 4 SELECTION PROCESS FOR THE CHIEF OF POLICE
Rule 4-1 General Powers of Appointment. The Police Commission shall appoint the Chief
of Police.
In no event, shall the Commission appoint an applicant for the position of Chief
of Police to act as interim or acting Chief, solely for the purpose of permitting the
applicant to obtain the necessary qualifications for the position of Chief of Police.
Rule 4-2 Qualifications for Police Chief. Section 11.04 Kauai County Charter states the
minimum qualifications for the Chief of Police to be: Five years of training and
experience in law enforcement, at least three of which shall be in a responsible,
administrative capacity.
In addition to the minimum qualifications set by the county charter, the Police
Commission determines that a successful applicant for Chief of Police shall:
• Possess the desired skills, knowledge, and ability to perform the
Essential Duties and Responsibilities set forth in the County of
Kauai, Department of Human Resources Job Description for Chief
of Police (Annex 4-A).
Rule 4-3 Selection Process.
a. Hiring of a Consultant. The Commission may choose to hire a consultant
to assist in the recruitment and selection of a Chief of Police. Should the
Commission choose to hire a consultant, the Commission shall follow the
procurement procedures set forth under HRS Section 10313-304 and any
other applicable State statutes and County ordinances.
b. Selection of Semi-finalists and Finalists. In the event that there are
multiple applicants for the position of Chief of Police, the Commission
may choose to narrow down the list of applicants to semi-finalists and/or
finalists. The interviews and/or selections of such semi-finalists and/or
finalists shall be conducted in closed session, and the Commission shall
decide how to interview and make the selection of the semi-finalists
and/or finalists. All details and identities of the applicants shall be kept
confidential, unless any applicant expressly agrees to waive his privacy
rights.
C. Assessment by Consultant. In the event that a consultant conducts an
assessment of any of the finalists, the Commission shall not participate in
the assessment.
131Page
6�t' an-)() - [b -P, L
d. Selection of Final Candidate. Following the interviews of the finalists, the
Commission shall vote on a final candidate to whom the Commission shall
extend a conditional job offer. Said vote shall take place in executive
session. The final candidate's identity, as well as the result of the votes,
shall remain confidential until the candidate has been given an official job
offer, or if the candidate expressly agrees to waive his or her privacy
rights, whichever occurs sooner.
e. Follow-up Requirements. Following the extension of the conditional job
offer, the Commission shall require the final candidate to undergo
mandatory follow-up examinations as required by the Kauai Police
Department and consistent with State and Federal laws.
Final Job Offer. Following the completion of all required examinations by
the final candidate, the Commission shall vote to extend an official job
offer to said candidate.
The Commission shall also vote on the terms of the employment contract
that the Commission shall extend to the candidate. The contract may also
specify a time period, or may be an open-ended contract. The contract
shall also specify the job duties and salary specifications, in addition to
any other provisions that the Commission believes necessary to
incorporate into the contract.
Rule 4-4 Salary of the Chief of Police. The Commission shall determine the initial salary
of any new Chief of Police, and determine any subsequent increased in salary,
consistent with the County of Kauai salary ordinance.
Rule 4-5 Evaluation of Performance. The Chief of Police's performance shall be subject to
on -going evaluation by the Commission. Such evaluation will comply with the
following:
a. First Year Evaluation. The newly appointed Chief of Police shall not be
subjected to a probationary period. However, the performance of a newly
appointed Chief of Police shall be subject to an on -going evaluation for
the first twelve (12) months beginning of the date of hire. During this
period the Chiefs performance shall be documented six 6) months from
the date of hire. The procedures contained in section c, below shall be
utilized for this on -going review. The Commission developed an on -going
Evaluation Form in Annex 4-(b) shall be utilized for this evaluation.
i. All Commissioners shall provide input into this evaluation during
Executive Session. The Chair and Vice and/or Vice Chair will utilize the
feedback from the entire Commission in preparing this six (6) month
141Page
evaluation.
ii. The Chair and/or Vice Chair shall conduct a discussion with the Chief
regarding his/her performance.
iii. If the Chief s performance "does NOT meet expectations" a
Performance Improvement Plan, outlined in section 4-5 (d) below, shall
be prepared by the Commission.
iv. One year from the date of hire a final evaluation shall be prepared
by the Commission. The County of Kauai Performance Evaluation
for Chief of Police contained in Annex 4-(c) shall be utilized for this
evaluation.
v. After successfully completing twelve (12) months of employment the
Chief of Police shall thereafter be evaluated on a fiscal year basis to
align his/her performance with departmental goals.
b. Annual Evaluation. The Commission shall on a fiscal year basis, evaluate the
Chief s performance. Each Commissioner shall be provided the opportunity to
rate the Chiefs performance utilizing the County's Performance Evaluation
Form.
i. The Commissioners may seek input from various stakeholders in
government and the private sector into the Chiefs performance.
Stakeholders include, but are not limited to: The Mayor, other elected
officials, heads of various county departments, public safety peers, and
labor union representative.
ii. The Chief and Chair shall review and consider input from other
Commission members and external stakeholders to prepare a final
performance evaluation which the Chair and/or Vice Chair shall
present to the Chief.
iii. Once the Chief has reviewed his/her performance evaluation all
Commission members will be provided the opportunity to review, in
Executive Session, the completed performance evaluation.
c. Semi -Annual Performance Review. The Commission shall on a semi-annual
basis conduct a review of the Chief s performance. The purpose of the semi-
annual review is to ensure that the Police Commission and the Chief of Police are
in concurrence regarding the Chief s performance, departmental operations,
personnel issues, fiscal accountability, and the Commission's expectations. Such
151Pauc
review will be documented utilizing the on -going Performance Review Form,
Annex 4- (c) and presented to the Chief.
i. The semi-annual review shall discuss areas of exceptional performance,
areas of concern regarding the Chief's performance, issues, facing
KPD, efforts toward goal attainment, and fiscal accountability.
ii. The review form shall be maintained by the Commission secretary and
utilized during the preparation of the Chief's Annual Performance
Evaluation.
d. Performance Improvement Required If, at any time, the Chief's performance
does not meet expectations a Perfonnance Improvement Plan shall be prepared
which incorporates:
i. Areas of Concern.
ii. Observations, Previous Discussions or Counseling.
iii. Improvement Goals Behaviors and Tasks.
iv. Resources Needed to Complete Improvement Activities
v. Management Support
vi. Follow-up Meeting Dates Level of Progress Expected.
viii. Consequences Failure to reach or Maintain Perfonmance
Standards.
ANNEX 4-A Chief of Police Job Description
DEPARTMENT OF PERSONNEL SERVICES COUNTY OF KAUAI
CHIEF OF POLICE
JOB PURPOSE
Administrative head of the Kauai Police Department.
ESSENTIAL DUTIES AND RESPONSIBILITIES
• Administers, supervises, and manages all aspects of police operations for Kauai
Police Department.
• Ensures the preservation of peace within the community, enforces state and federal
law, and county ordinances.
• Provides for traffic safety and traffic safety education.
• Recruits, selects, trains, and manages personnel.
• Utilizes resources to promote effective law enforcement services and activities.
161Page
• Reports to the Commission on administrative, budgetary, legislative, and policy
matters, making recommendations for appropriate action.
• Develops the annual operating and capital budget. Submits budget and supporting
documentation to Commission, Mayor, and County Council as required.
• Oversees implementation of the operating budget and ensures fiscal accountability.
• Establishes department's priorities, goals and objectives with input from the Mayor
and Police Commission, when necessary or appropriate.
• Communicates with the Office of the Mayor, County Council, Police Commission,
and other county agencies on issues that impact the health, safety, or welfare of the
County of Kauai and its' residents and visitors.
• Maintains positive working relationship and open communications with all labor
organizations representing employees of the Kauai Police Department. Adheres to
the provisions of bargaining unit contracts.
• Maintains positive, on -going, and open communications with citizens and community
groups.
• Receives and investigates citizen's complaints, taking action as necessary.
• Assumes direct command of major emergency incidents, civil disturbances, natural
disasters, and special police problems.
• Ensures proper procedures are in place regarding records retention and
confidentiality, and reporting requirements.
• Maintains a safe and secure workplace that is in compliance with federal, state, and
county regulations and policies regarding Equal Employment Opportunity,
Americans with Disabilities Act, and Workplace Violence, and free from any form of
discrimination, harassment or retaliation based on any protected class such as age,
sexual orientation, gender, religion, national origin, gender identification.
• Performs other duties as required by law or at the direction of the Commission.
MINIMUM QUALIFICATION REQUIREMENTS
• Five years of training and experience in law enforcement, at least three of which shall
be in a responsible administrative capacity.
• Possess a valid Hawaii motor vehicle operator's license upon hire.
• Meet federal and state eligibility requirements to possess firearms.
• Be a citizen of the United States.
• Willingness to establish residence on Kauai and shall, upon hire, reside in the
County on such date and shall continue to reside in the county.
DESIRABLE KNOWLEDGE OF
• The principles of police administration, crime prevention, and investigation.
• The principles and practices of law enforcement organization and management.
171Paue
• The technical and administrative aspects of law enforcement, rules of evidence,
criminal investigation, and identification.
• Organizational development, leadership and supervision, team development,
discipline, and conflict resolution.
• The structure of Kauai County government, the functions of the various departments
within that structure, and the principles and practices of county administration.
• The State of Hawaii governmental structure, including laws, regulations,
administrative and legislative practices, procedures, and history.
• The historical and cultural background of the State of Hawaii, the County of Kauai,
and its people.
• Federal, state and county Equal Employment Opportunity laws, regulations and
policies.
DESIRABLE SKILLS
• Communicates effectively verbally and in writing.
• Ability to utilize computer and related software.
• Demonstrated skills in leadership, teambuilding, goal achievement, and conflict
resolution.
• Possession of interpersonal skills that fosters trust, and establishes positive working
relationships with: diverse cultural groups, the community, subordinates, the Police
Commission, peers, supervisors, and other governmental agencies.
• Proficiency with firearms.
SPECIAL WORKING CONDITIONS
• Irregular work hours that may include week -ends, evenings, and holidays.
• Successfully pass post -offer background check, medical and psychological
examinations.
OTHER DESIRABLE QUALIFICATIONS
• Possession of Bachelor's Degree. A degree in Criminal Justice, Public Administration,
Social Science or related field is desirable.
• Progressively responsible Law Enforcement supervisory and management experience.
Experience as bureau, section, station, departmental commander, or higher, preferred.
Approved by County Human Resources and Police Commission on August 26, 2016
181Page
ANNEX 4-B Chief of Police On -Going Review
COUNTY OF KAUAI — POLICE COININIISSION -CHIEF of POLICE — ON -GOING REVIEW
Name: Reporting Period: to
Type of Report: (circle one) Semi -Annual Review Improvement Needed
Notable Accomplishments This Reporting Period:
Progress Toward Annual Goal Accomplishment:
Areas of Concern by Police Commission:
Overall Performance for this Reporting Period: Meets Expectations Does NOT Meet Expectations
I Received a Copy of
this Performance Review:
Chief of Police
Discussed with Chief By:
Chair — Kauai Police Commission
Date:
Date:
• Word Document format boxes expand to accommodate inserted narrative.
191pabe
ANNEX 4-C Chief of Police — Annual Evaluation
COUNTY OF KAUAI — POLICE COMNII1SSION
CHIEF of POLICE — ANNUAL PERFORMANCE EVALUATION
rvame•
Reason for Report: Annual - Improvement Required)
Appointment Date:
Period of Report:
To
CRITICAL PERFORMANCE FACTORS
1. Leadership Skills and Professional Oualities
• Leads by example. Exhibits honesty, integrity and self-discipline.
• Sets and enforces professional standards.
• Promotes, supports, and implements EEO policies and programs.
• Motivates and develops subordinates. Serves as a mentor.
• Accepts personal responsibility.
Discussion: (Provide specific examples of performance. Absent examples mark Unable to Rate below)
Meets
Does NOT Meet
Unable to Rate
2. Policies, Procedures, Rules and Regulations
• Knows and implements the technical and administrative aspects of law enforcement,
rules of evidence, criminal investigation and the principles of police administration.
• Knows and implements Federal, state, and county EEO laws, regulations, and practices.
• Adheres to and implements collective bargaining agreements.
• Applies knowledge and experience to daily operations and non -routine situations.
Discussion: (Provide specific examples of performance. Absent examples mark Unable to Rate below)
Does NOT Meet Ex
Unable to Rate
3. Planning, Organizing, and Setting Priorities
• Sets priorities. Develops realistic and attainable goals with accompanying metrics to
measure progress.
20
• Develops plans to achieve departmental and county goals.
• Anticipates and solves problems.
• Anticipates and budgets for future personnel and equipment.
• Develops contingency plans for major events and emergenev operations.
Discussion: (Provide specific examples of performance. Absent examples mark Unable to Rate below)
Meets Expectations Does NOT Meet Expectations Unable to Rate
4. Personnel and Resource Management
• Insures specialized training for all KPD members to maintain current on tactics,
techniques, and procedures.
• Recognizes and addresses personnel problems at the earliest stages.
• Pursues external funding sources and uses other resources outside the department to
enhance KPD capabilities.
• Prepares the budget in accordance with department and county policies. Exercises fiscal
control, with emphasis on controlling overtime.
Discussion: (Provide specific examples of performance. Absent examples mark Unable to Rate below)
Meets Expectations Does NOT Meet Expectations Unable to Rate
5. Communications
• Provides positive feedback and corrective counseling to subordinate personnel as
appropriate.
• Maintains on -going communications with county leadership, media and community on
public safety issues and incidents.
• Keeps the Police Commission and county leadership informed on incidents that could
affect departmental operations and community relations. Responds promptly to
Commission requests for information.
Discussion: (Provide specific examples of performance. Absent examples mark Unable to Rate below)
Meets Expectations
Does NOT Meet Expectations
Unable to Rate
Achievement of Goals: (Provide explanation for goals Not Achieved)
Summary of Performance:
Employee Sianature:
I acknowledge receipt of this Performance Evaluation Date:
21 IPage
Rater Certification:
Date:
Chair — Kauai Police Commission
• Nord Document forniat — Box expands to accommodate additional narratk e.
RULE 5 RULES OF PRACTICE, HEARINGS
Rule 5-1 Informal Hearine. The Commission may, in its discretion, on its own motion, or
upon petition filed with the Commission at least fifteen (15) days prior to the date
of the regular meeting hold an informal hearing on matters within its jurisdiction.
The petition need not be in any form but shall, where applicable, include:
a. Nature of the petitioner's interest and the reasons for requesting an informal
petition.
b. A complete statement of the relevant facts.
c. Position or contention of the petitioner.
d. Name, address and telephone number of petitioner.
In an informal hearing the Commission shall determine the manner and procedure
in which the hearing shall be conducted.
Rule 5-2 Contested Case Hearing. A formal hearing shall be conducted upon motion by
the Commission in accordance with Hawaii Revised Statutes, Chapter 91.
Persons aggrieved by actions of the Commission, may petition for a formal
hearing before the Commission.
Rule 5-3 Petition. The petition shall be filed with the Chair of the Commission and shall
consist of:
a. Name, address and telephone number of the petitioner.
b. Nature of petitioner's interest and the reasons for requesting formal hearing.
c. A complete statement of the relevant facts giving rise to the petitioner's
request.
d. Position or contention of the petitioner.
e. Petition for a hearing.
Rule 5-4 Setting, Rejecting, Petitions for formal hearing may be approved or modified and
approved, and set for hearing or rejected at the regular meeting following receipt
221Pape
CHAPTER 15
POLICIES AND PROCEDURES FOR RULES ON THE SELECTION, EVALUATION, AND
DISMISSAL OF THE PLANNING DIRECTOR
1-15-1 Authority for Rule -making:
Pursuant to Article XIV Section 14.03.E of the Kauai County
Charter ("Charter"), the Planning Commission of the County of Kauai
("Commission") adopts the following administrative rules pertaining to the
selection, evaluation, and dismissal of the Planning Director.
1-15-2 Authority to Appoint Planning Director:
Pursuant to Article XIV Section 14.04 of the Charter, the Planning Director shall
be appointed by the Planning Commission. Prior to the appointment of a
Planning Director the Commission shall obtain certification from the Department
of Personnel Services that each applicant meets the minimum qualifications set
forth in Article XIV Section 14.04 of the Charter. The Commission shall develop
and periodically review the position description for the Planning Director
position. The Commission shall transmit a copy of the position description to the
Department of Personnel Services.
1-15-3 Authority for the Planning Director to Appoint a Deputy:
The Planning Director may appoint a Deputy Planning Director to assist with his
or her duties as provided in Article XIV Section 14.05 of the Charter. The
Planning Director shall develop and periodically review the position description
for the Deputy Planning Director position. The Planning Director shall transmit a
copy of the position description to the Department of Personnel Services.
1-15-4 Selection of the Planning Director:
The Planning Director shall be selected in the following order:
1. First, by nomination of candidates to the Commission by any of the Planning
Commissioners;
2. Second, if no candidates are nominated by any Planning Commissioner or the
Commission fails to take action on any of the nominated candidates, the
Commission may:
a. Form a select committee to compile a list of candidates for
recommendation to the Commission; or
b. Contract with a consultant, specializing in the recruitment of
employees, to compile a list of candidates for recommendation to the
Commission; or
c. Agree, by majority of the Commission, to develop its own process to
select the Planning Director.
This chapter was approved as "Chapter 14" by the Planning Commission. The Office of the County Attorney has
deemed the dual approval of two chapters with the same number as an inadvertent non -substantive error and by
practice can refer to this chapter as "Chapter 15."
48
1-15-5 Provisions for the Evaluation of the Planning Director and Deputy Planning
Director:
1. The Commission shall annually evaluate the performance of the Planning
Director.
2. The Planning Director shall annually evaluate the performance of the Deputy
Planning Director.
3. The performance evaluations shall be conducted in accordance with the
"Administrative Policies and Procedures" established by the Department of
Personnel Services.
1-15-6 Dismissal of the Planning Director
The Planning Director serves at the pleasure of the Commission and can be
dismissed at any time without cause or hearing on the matter.
49
OP
G
DATE RECEIVED:
OF
Appeal to the
CIVIL SERVICE COMMISSION/MERIT APPEALS BOARD
NIO'IKEIIA BUILDING
4444 Rice Street, Suite 150
LIHU'E, KAUA'1, HAWAI'l 96766
Telephone (808) 241-4919 • Fax (808) 241-5127
Submit original plus eight (8) copies of this form to the above address.
Use black ink or a typewriter to complete this form. Use additional pages as necessary.
1. Name, address, and telephone number of the Appellant:
Is the Appellant a County employee: —Yes —No
2. Name, address, and telephone number of Appellant's authorized representative (if any):
3. Name of the Mayor, the Director of Human Resources or appointing authority or a designee acting on behalf of
one of these individuals whose action is being appealed:
4. Pursuant to HRS 76-14, this appeal is being filed for an action under the following category (check all applicable):
Recruitment & Examination
Classification or reclassification of a particular position
Employment action taken under Chapter 76, HRS, (appellant must be a civil service employee excluded from
collective bargaining)
5. Date action taken:
6. Date notice of action was received by Appellant:
7. Statement of legal wrong caused by the action of the Mayor Director of Human Resources or an appointing
authority or a designee acting on one of these individuals or a statement as to how such action has adversely
affected or aggrieved the Appellant. Include a concise statement of the facts pertinent to this appeal
eke, aoao-0
8. Other facts relevant to this appeal:
9. Remedy requested with reasons and explanation of the legal basis by which remedy should be granted:
10. 1 would like to have my appeal heard in a meeting:
Open to the Public
Closed to the Public
Rules of the Civil Service Commission/Merit Appeals Board provide as follows:
§1-39 Filing of appeal. (a) Time. Any person who has a standing to appeal shall file a petition of appeal to the
commission within twenty (20) calendar days after notice of the action was sent by the director or appointing authority.
(e) The commission shall not proceed on an appeal unless all internal complaint procedures, including administrative
review and departmental complaint procedures have been exhausted.
This is to certify that to the best of my knowledge, information, and beliefs, every statement contained herein is true
and no statement is misleading nor interposed for delay.
Date:
Appellant's Printed Name
Appellant's Signature
Printed Name of Appellant's Representative's Signature
Representative (if any)
(amended 12/2016)