HomeMy WebLinkAbout2020_0804_CSC_PacketJeffrey Iida
Chair
Vonnell Ramos
Vice Chair
Members:
Fely Faulkner
Richard Jose
Beth Tokioka
Ricky Watanabe
RECFIVED
COUNTY OF KAUA'I CIVIL SERVICE COMMISSION
NOTICE OF TELECONFERENCE MEETING AND AGENDA
Tuesday, August 4, 2020 '4 ,JL 28 A 8 -51
3:00 p.m. or shortly thereafter
Microsoft Teams Phone Number: 1-469-848-0234 Ti.;. t,I1.001 y OLEi-,K
Conference ID: 870 386 643#OS i 1` QF K:1llA't
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 smuragin a kauai.gov or by fax (808)
241-5127, or mailed to: Civil Service Commission, Office of Boards and Commissions, Pi`ikoi
Building, 4444 Rice Street, Suite 300, 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 July 7, 2020
DIRECTOR'S REPORT
CSC 2020-18 Director's Report for the June/July 2020 period.
A. HRMS Project
An Equal Opportunity Employer
B. Review and Comparison of Current Procedures with those from
Audit Years.
C. Work Schedule
D. Collective Bargaining
E. Documentation Retention and Maintenance Policy
F. Administrative Services and Benefits
G. Employee Development and Health Services
H. Classification and Pay and Labor Relations
I. Recruitment and Exam
J. Payroll
K. EEO/ADA
L. Attachment A: Department of Human Resources Policy Changes
Since 2015 Audit
M. Attachment B: Number of County Employees as of June 30, 2020
N. Attachment C: COK Department of Human Resources Internal
Policy and Procedures — Human Resources Document Retention &
Destruction, Document Number 2020-000, Revision NumberlDate
001/July 2020
CSC 2020-19 Review and possible decision -making on the first draft of substantive
and non -substantive amendments to the Rules of the Civil Service
Commission/Merit Appeals Board document.
CSC 2020-20 Review and possible decision -making on the first draft of amendments
to the Rules of Appeal to the Civil Service Commission/Merit Appeals
Board form.
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.
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)
Civil Service Commission — August 4, 2020 Page 2
ROLL CALL
ES-016 Executive Session Minutes of July 7. 2020
ES-017 Director of Human Resources Performance Evaluation (on -going).
A. Review updated DHR Performance Evaluation.
B. Review and possible decision -making on the first draft of
amendments for the on -going performance evaluation form.
C. Review and possible decision -making on use of the 360 evaluation.
D. 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-016 and ES-017.
ANNOUNCEMENTS
Next Meeting: Tuesday, September 1, 2020 3:00 p.m., Teleconference by Microsoft Teams
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §92-7 (a), the Commission may, when deemed necessary,
hold an executive session on any agenda item without written public notice if the executive
session was not anticipated in advance. Any such executive session shall be held pursuant to
HRS §92-4 and shall be limited to those items described in HRS §92-5(a).
cc: Deputy County Attorney Mark Ishmael
Civil Service Commission -- August 4, 2020 Page 3
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: smurapin@kauai.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: s_muragin(a),kauai.gov , faxed:
808-241-5127, or mailed: Civil Service Commission, Office of Boards and Commissions,
Pi`ikoi Building, 4444 Rice Street, Suite 300 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 reti kauai. ov 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 — August 4, 2020 Page 14
COUNTY oFKAU„ ��TlT1e IA�'01Ur,a�J
Minutes of Meeting
OPEN SESSION
Board/Commission:
CIVIL SERVICE COMMISSION
Meeting Date:
July 7, 2020
Location
Teleconference via Microsoft Teams
Start of Meeting: 3:04 p.m.
End of Meeting: 4:21 p.m.
Present
Chair Jeffrey Iida (joined at 3:03pm). Vice Chair Vonnell Ramos. Commissioners: Fely Faulkner and Beth Tokioka.
Deputy County Attorney Mark Ishmael. Human Resources Director Annette Anderson (disconnected at 3:25 p.m). Office of Boards
and Commissions Staff. Administrator Ellen Ching, Commission Support Clerk Mercedes Omo and Commission Support Clerk
Sandra Muragin.
Excused
Commissioner Richard Jose and Commissioner Watanabe
Absent
SUBJECT
DISCUSSION
ACTION
Chair Iida, Vice Chair Ramos, Commissioner Tokioka, Deputy County Attorney Mark Ishmael,
Human Resources Director Annette Anderson, Administrator Ellen Ching, Commission
Support Clerk Mercedes Omo and Commission Support Clerk Sandra Muragin were logged
onto Microsoft Teams by video. Commissioner Faulkner called into Microsoft Teams and
entered the meeting by audio.
Call To Order In
Chair Iida called the Open Session meeting to order at 3:04 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.
Vice Chair Ramos replied here.
Chair Iida replied here.
Deputy County Attorney Mark Ismael replied here.
Human Resources Director Annette Anderson replied here.
Administrator Ellen Ching replied present.
Quorum was established with
Commission Support Clerk Sandra Muragin replied here.
four commissioners present.
Public
A member of the public signed into the meeting and declined to testify or comment.
Comments and
0
Civil Service Commission
Open Session
July 7, 2020
Page 2
SUBJECT
DISCUSSION
ACTION
Testimony
Approval of
A. Open Session Minutes of June 2, 2020
Ms. Faulkner moved to approve
Minutes
the Open Session minutes of
June 2, 2020, as circulated. Ms.
Tokioka seconded the motion.
Motion carried 4:0.
Director's
CSC 2020-15 Director's Reports for the May/June 2020 period.
Report
A. HRMS Project
B. COVID-19 and Stay at Home Order
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
Human Resources Director Annette Anderson reviewed the May/June report with the
Commission (on file).
Human Resources Management System (HRMS) Project:
Ms. Anderson reported that on May 28, 2020 a pre -proposal conference via Microsoft
Teams was held to allow interested vendors an opportunity to provide questions for
additional details regarding the request for proposal (RFP) process. They have also
established a Selection Committee that would review submitted RFP's. Ms. Anderson
explained that up until June 19, vendors were allowed to submit written inquiries. They
received 3 1 + inquiries; which are being reviewed and responded to. She said they are
pleased with the number of interested vendors and the process has been moving forward
meeting all deadlines. The deadline to submit an RFP is Thursday, July 9.
Civil Service Commission
Open Session
July 7, 2020
Page 3
SUBJECT DISCUSSION ACTION
COVID 19 and Stay at Home Order:
Ms. Anderson reported that the HR staff continue to telework and have been productive in
meeting deadlines and completing required task. The daily Teams meeting has made
improvements and resolved several problems on routine assignments. Overall, she was
pleased with how her staff has adjusted to these changes.
Collective Bargaining:
Ms. Anderson reported that Unit 14 Ocean Safety Officers are up for committee hearing at
the County Council tomorrow with a final reading this month. The Legislators have
approved funding for all HGEA bills and was now pending action by Governor Ige, who has
up until September to decide to sign, veto or not sign. All the jurisdictions have come up
with proposals on future contracts and bargaining proposals and submitted to HGEA. The
jurisdictions have mutually agreed to wait before starting any new bargaining or contract
negotiations.
Department Retention and Maintenance Policy:
Ms. Anderson reported that one of the audit citations noted was the lack of a sufficient
document retention maintenance policy. She said there was a seven-year retention policy
that was followed by all the departments and governed by HRS §46-43 and Kauai County
Council Resolutions No. 2008-39 and 2016-2. She proposed to create a HR policy
statement for personnel documents kept by HR that would be retained for seven years. The
only exception was for the State of Hawaii Employees Retirement System and Workers
Compensation claims that required a retention period of 30 years.
Payroll:
Ms. Anderson reported that HR was centralizing payroll and taking over payroll processing
for the county. They recently hired a Payroll Technician to process payroll from Parks &
Recreation in June and the next step was to train a payroll employee on the complicated
processing of Kauai Police Departments payroll. They plan to assume payroll processing
Civil Service Commission
Open Session
July 7, 2020
Page 4
SUBJECT
DISCUSSION
ACTION
from Finance department in August.
Ms. Tokioka thanked Ms. Anderson for her quick action in addressing one of the audit
citations. She inquired if funds appropriated for the HRMS project was encumbered and
still available in this new fiscal year. Ms. Anderson replied that there were no changes and
funds were still available. Ms. Tokioka then suggested that she consider placing someone
from another department on her selection committee, to get a broader perspective. She
worried that the committee which consisted of HR personnel would narrow their ability to
seek a system that would be inclusive of the needs of the entire County. Ms. Anderson said
that due to the high technical aspects of the HRMS system they have the IT department
involved.
With no further questions, Ms. Anderson disconnected from the Teams meeting.
Business
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 Resources.
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.
Ms. Tokioka inquired about section D. and asked why it was placed on the agenda. Chair
Iida explained that Subchapter 7 Rules on the Selection, Evaluation and Dismissal of the
Director of Human Resources was deferred back in 2016. No decision was finalized, and it
Civil Service Commission
Open Session
July 7, 2020
Page 5
SUBJECT DISCUSSION ACTION
needed to be cleared up. Commission Support Clerk Sandra Muragin explained that since
the rules needed to be amended with the new address for Boards and Commissions now
would be the time to bring this before the Commission if they choose to include this in their
rules. Administrator Ellen Ching recommended the commission delete the address of
Boards and Commissions in sections 1-4 and 1-20. Ms. Ching volunteered to work with
two commissioners or a permitted interaction group to scrub through the rules and Ms. Tokioka moved to approve
implement changes. amendments to the Rules of the
Civil Service
Commission/Merit Appeals
Board document pursuant to
items A, B and C as noted in
agenda item CSC 2020-16.
Vice Chair Ramos seconded the
motion. Roll Call Vote: 4-Ayes
and 0-Nays. Motion carried
Ms. Ching commented that they would take care of making the necessary changes to the 4:0.
rules and present it to the commission for their approval at the next meeting. Deputy
County Attorney Mark Ishmael said that regardless of whether the changes were non -
substantive or substantive any change to the rules would require a public hearing as outlined
in HRS 91-3.
Chair Iida asked the commission on their thoughts about item D. Ms. Tokioka agreed to the
non -substantive changes as noted in A, B and C to clean up the document but did not agree
with adding D. Ms. Tokioka felt that the process developed in the recent hiring of Annette
Anderson worked well and it should be documented for future commissions as an reference.
Chair Iida said that implementing guidelines or changing the rules was one of the issues that
the previous commission could not decide. Ms. Faulkner and Vice Chair Ramos both Ms. Tokioka moved to receive
agreed with Ms. Tokioka. with no further action item D as
noted in CSC 2020-16.
Civil Service Commission
Open Session
July 7, 2020
Page 6
SUBJECT
DISCUSSION
ACTION
could be presented at a future meeting and received as part of the official records for
Vice Chair Ramos seconded the
reference at a later time.
motion. Roll Call Vote: 4-
Ayes and 0-Nays. Motion
carried 4:0.
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 amend form and rules to allow online submission.
D. Discussion on other related matters.
Ms. Tokioka wanted feedback on the benefits of creating an online form or continue with the
same process. Ms. Ching commented that Boards and Commissions implemented an effort to
change processes to online, prior to COVID-19. Since then it has become more apparent and
beneficial to minimize paper and face to face contact. Ms. Ching said the office has made a
huge effort to make everything online, with scanning of files and minimizing paper storage.
Ms. Tokioka appreciated the explanation and wanted to support the efforts to decrease paper
Ms. Tokioka moved to adopt A
records.
and B in CSC 2020-17 and
volunteered to be part of a
working group to implement C.
Vice Chair Ramos seconded the
motion. Roll Call Vote: 4-Ayes
and 0-Nays. Motion carried
Ms. Ching asked if the commission wanted a working group of one or two commissioners or a
4:0.
permitted interaction group with three commissioners. Chair Iida and Commission Tokioka
volunteered to be on the working group.
Ms. Faulkner motioned to
approve forming a working
group to discuss and implement
C. Vice Chair Ramos seconded
the motion. Roll Call Vote: 4-
Civil Service Commission
Open Session
July 7, 2020
Page 7
SUBJECT
DISCUSSION
ACTION
Ayes and 0-Nays. Motion
carried 4:0.
Ms. Ching asked for a clarification to name the commissioners who would be part of the
working group.
Ms. Faulkner motioned to
amend her motion that the
working group included Chair
Iida, Commissioner Tokioka
and Administrator Ellen Ching.
Vice Chair Ramos seconded the
motion. Roll Call Vote: 4-Ayes
and 0-Nays. Motion carried
4:0.
Executive
Chair Iida requested Administrator Ellen Ching read the Hawaii Revised Statutes to move
Session
the meeting into 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 the County's powers, duties, privileges, immunities, and/or liabilities as
they may relate to this agenda item and take such appropriate action.
Ms. Tokioka moved to enter
into Executive Session. Ms.
Faulkner seconded the motion.
Motion carried 4:0.
The commission and staff
disconnected from open session
at 3:47 p.m. and connected into
executive session.
Civil Service Commission
Open Session
July 7, 2020
Page 8
SUBJECT
DISCUSSION
ACTION
Return to Open
Chair Iida, Vice Chair Ramos, Commissioner Tokioka, Deputy Attorney Mark Ishmael, Human
Session
Resources Director Annette Anderson, Administrator Ellen Ching and Commission Support
Clerk Sandra Muragin were logged onto Microsoft Teams by video. Commissioner Faulkner
called into Microsoft Teams and entered the meeting by audio.
Call To Order In
Chair Iida called the meeting back to order in open session at 4:19 p.m. and requested a roll
Open Session
call.
/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.
Vice Chair Ramos replied here.
Chair Iida replied here.
Deputy County Attorney Mark Ismael replied here.
Administrator Ellen Ching replied here.
Quorum was established with
Commission Support Clerk Sandra Muragin replied here.
four commissioners present.
Ratify Actions
Ratify actions taken by the Civil Service Commission in executive session for agenda items:
Ms. Faulkner moved to ratify
ES-013, ES-014 and ES-015.
the actions taken in Executive
Session for agenda items ES-
013, ES-014 and ES-015. Vice
Chair Ramos seconded the
motion. Roll Call Vote: 4-Ayes
and 0-Nays. Motion carried
4:0.
Announcements
Next Meeting: Tuesday, August 4, 2020 — 3:00 p.m., Teleconference by Microsoft Teams
Adjournment
With no further business to conduct, Chair Iida called for a motion to adjourn the meeting.
Ms. Faulkner moved to adjourn
the meeting. Vice Chair Ramos
seconded the motion. Motion
carried 4:0
Civil Service Commission
Open Session
July 7, 2020
Page 9
SUBJECT
DISCUSSION
ACTION
Chair Iida adjourned the
meeting at 4:21 p.m.
Submitted by:
Sandra Muragin, Commission Support Clerk
Reviewed and Approved by:
() Approved as circulated.
() Approved with amendments. See minutes of meeting.
Jeffrey Iida, Chair
DEPARTMENT OF HUMAN RESOURCES
DIRECTOR'S REPORT
TO THE
CIVIL SERVICE COMMISSION
AUGUST 4, 2020 MEETING
Report Covering June/July 2020
HRMS Project:
• The deadline for submission of proposals was Monday, July 13, 2020 (previously July 9,
2020). Eight (8) proposals were received. [Goal 4, Obj. A.1-3. and Goal 5, Obj. A. 3.....
completed]
• At suggestion of Civil Service Commission at July 2020 meeting, we will add another
individual from a different department to work with Selection Committee to review
submitted proposals, seek clarification, and pose questions to the potential vendors, among
other things. [Goal 4, Obj. A.1-3. and Goal 5, Obj. A. 3—completed]
Issue RFP (Legal Notice)....................................................... May 14, 2020
Pre -Proposal Teleconference ...................... 9:00 a.m. HST, May 28, 2020
Deadlinefor Written Inquiries ............................................. June 19, 2020
PROPOSAL DUE DATE ....................................................... July 13, 2020
Tentative Priority -List Vendor Notification......... Week of July 27, 2020
Tentative Vendor Demonstrations .................... Week of August 31, 2020
TentativeAward Date............................................................ October 2020
After purchase of the system in the fall of 2020, implementation is anticipated to commence either
in the 4°i 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.
Review and Comparison of Current Procedures With Those From Audit Years.
See Attachment A. The table identifies 17 different procedures that have been changed or updated
since the first audit of the Department of Human Resources in 2015. All have resulted in vast
improvements. This process of review and comparison is on -going. As I learn more about the details
of our work procedures, I ask questions, make suggestions for change, and engage with the
employees to work through various options for ways to continually improve our services. [Goal 1,
Obj. A. L-3.—completed]
Procedure 4. on Attachment A addresses the current procedure, which shows that proper procedures
are now in place regarding recruitment of positions exempt from civil service. [Goal 3, Obj. A.1-
2.—completed]
a h(' a6)_O- 19
See Attachment B. The chart provides a breakdown of all positions in each Department and
identifies the type of position. The "Permanent" column reflects civil service positions. The
"Temporary," "Exempt," and "Contract" columns reflect non -civil service positions. [Goal 3, Obj.
A.1.-3 .---completed]
Work Schedules:
• The Mayor's Advisory #5 regarding 4-10 schedules terminates on July 27, 2020 in order to
allow for a week of transition before schools reopen on August 4, 2020. Department Heads
will work with the staff to determine appropriate work schedules, and to assure that
services to the public can be maintained. Employees who are HGEA members will reach
out to their union representative. In addition, Department Heads will review whether
teleworking should continue.
• After soliciting HR employees' preferences regarding work schedules and teleworking and
meeting with the division heads/supervisors, it was determined that the vast majority of
HR employees will telework, although some will return to the office on certain days when
the office setting allows for printing and filing, etc. Most HR employees will continue a 4-
10 schedule, although staggered scheduling will allow IIR to be open to the public five
days a week, by appointment. Virtually all preferences sought by HR employees will be
accommodated, and thus the HR employees are very pleased. [Goal 6, Obj.A.3.- -
completed]
• HRD will continue to monitor the success of teleworking, as well as the 4-10 schedules,
and, if necessary, make adjustments. Employees have the option of periodically returning
to the office when needed to perform their duties. All divisions will continue daily Teams
meetings to review issues, provide guidance, and support the employees. [Goal 7, Obj. A.
1-3--completed]
Collective Bareaininfl:
• HGEA BU 14 (Ocean Safety Officers and Law Enforcement Officers) arbitration award
funding bill was approved by Council on July 22, 2020.
• Status of Legislative approval of funding of HGEA BUs 2, 3, 4, 13, and 14:
o The Legislature approved the funding. The bills are now awaiting Governor's
approval (or no sign equals approval) or veto. He has until September 15, 2020 to
act.
• The employer jurisdictions are having regular Teams meetings to discuss upcoming
negotiations with HGEA for successor agreements commencing July 1, 2021. Proposals
with HGEA were exchanged on June 30, 2020. The other unions are postponing exchange
of proposals on a month -to -month basis.
Document Retention and Maintenance Policy:
• A draft IIuman Resources Document Retention & Destruction policy has been created. The
policy has been sent to the County Attorney for review and approval. See Attachment C.
[Goal 2, Obj. B, 1---met and ongoing]
Administrative Services and Benefits:
• There were 152 employees participating in the annual Flexible Spending Open Enrollment.
This is consistent with last year's totals where we had 150 employees sign up. Of the 152
2
employees, 135 enrolled in the medical expense reimbursement plan only, 10 enrolled in
both medical expense and dependent care reimbursement plans, and 7 enrolled in dependent
care only.
Voluntary Insurance Enrollments with Allstate for enrollments effective July 1, 2020: 19
Cancer Insurance, 13 Critical Illness, 6 Hospital Indemnity, and 8 Accident Insurance plan
enrollments processed.
New Hires
3 Senior Clerks
3 Fire Fighter Trainee
3 Park Security Officer Is
3 Park Caretaker Is
2 Emergency Services Dispatcher Is
Solid Waste Worksite Supervisor
Payroll Technician
2 Bus Drivers -Substitute (exempt)
3 Van Drivers -Substitute (exempt)
Election Clerk II (exempt)
Clerk Dispatcher I (exempt)
Mechanic IIelper (exempt)
66 Seasonal Hires (exempt)
Clarification: Exit Interviews are done for all employees except short-term 89-day hires who are
at -will and employees who are terminated for misconduct by the County.
• Exit Interviews (Retirees): 3 of 3
• Exit Interview (Voluntary Separations/Terminations) 1 of 3
• TDI Applications
• Family Leave:
• Leave Sharing:
• Reference Checks:
• Employment Verifications:
• Transactions (i.e., Payroll Certification forms processed):
New Hires
20
Separations
12
Reallocations
4
Promotions
5
Demotions
0
Transfers
0
Pay Increase
1
Suspension
0
Leave Without Pay
0
*Misc. Change Forms
33
* * Other
29
89-Day
52
Seasonal
68
1 (denied)
4 (approved)
2 (approved)
0
*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:
• Four (4) new workers' compensation claims were filed this month; Two (2) medical -only
claims, one (1) indemnity claim, and one (1) controverted claim.
• A bi-monthly review of selected workers' compensation claims was held on July 21, 2020
via WebEx meeting.
• HR employee, Equipment Operator Trainer, completed the necessary tests to obtain his
CDL driver's license.
• Equipment/Driver Training: Automatic Truck Tractor (17 Public Works' employees)
Hooklift Truck (5 Public Works' employees)
Forklift (l HR employee)
Compactor Backhoe (2 Public Works' employees)
Classification and Pay and Labor Relations:
• A grievance decision for the discipline of a UPW employee was sustained by the IIR
Director and the UPW union has since filed for arbitration.
• Reallocations Processed: Police Officer I to Police Services Officer (2)
Pre -Audit Clerk II to Departmental Accounting Technician
Program Specialist I to Prevention Services Specialist
Program Specialist III to Prevention Services Coordinator
Program Support Technician II to Program Coordinator
Real Property Appraiser V to Real Property Appraisal
Specialist
School Crossing Guard to Background Investigator
Senior Account Clerk to Departmental Accounting
Technician
• Desk Audits: None
• New Classes Adopted: Golf Course Maintenance Supervisor
0 Administrative Reviews: No
Recruitment and Exam:
• New Hire Orientations held on June 161h (6), July 1" (2) and July 61h (11). Due to large
number on July 61h (KPD recruits), the orientation was held at KCC to allow for social
distancing.
• Due to possible budget shortfalls, the Administration has implemented a hiring moratorium
until September 30, 2020 unless positions are for Council, DOW, COVID response, grant
funded or exempted per the Managing Director. Continuous recruitments (11) for all
positions that were outside of these exemptions were cancelled. All applicants on affected
eligibility lists were notified of the hiring freeze.
• If needed, off island and out of state candidates are being allowed to test virtually to
prevent unnecessary travel to our island.
• To meet social distancing requirements, started to look at ways to administer the annual
Fire Fighter Trainee testing which usually attracts over 100 applicants. Normally, the
applicants are divided into AM and PM testing schedules but with the new guidelines,
multiple testing dates will be needed. Additionally, the Fire promotional tests which will
be pushed back to November with approximately 40 employees who qualify for the FF 11
and FF III positions will require an additional test site/day/time to also adhere to social
distancing requirements.
• Recruitments: Aging and Disabilities Services Technician
Automotive Equipment Superintendent
Bus Driver (substitute) (exempt)
Economic Development Specialist IV (exempt)
Evidence Custodian Assistant (exempt)
Fire Accounting Specialist (exempt)
Grant and Budget Specialist
Housing and Assistance Specialist III (exempt)
MVR Assistant Clerk (exempt)
Prevention Services Coordinator (exempt)
Prevention Services Specialist (exempt)
Program Specialist I (exempt)
Program Specialist II
Program Support Technician II (exempt)
Real Property Appraiser I
Senior Clerk (exempt)
Sexual Assault Forensic Nurse Examiner (2) (exempt)
Special Projects Assistant (exempt)
Utility Worker
• Lists Referred to Departments: Accountant II
Administrative Clerical Assistant (exempt)
Assistant Waterworks Controller
Bus Driver (Substitute) (exempt)
Economic Development Specialist IV (exempt)
Emergency Services Dispatcher I
Emergency Services Dispatcher II
Evidence Custodian Assistant (exempt)
Fire Accounting Specialist (exempt)
Housing Assistance Specialist III (exempt)
MVR Assistant Clerk (exempt)
Park Security Officer I
Pipefitter
Plant Electrician
Police Services Officer
Prevention Services Coordinator (exempt)
Prevention Services Specialist (exempt)
Program Specialist I (exempt)
Program Support Technician II (exempt)
Real Property Appraisal Specialist
Senior Pool Guard
Sexual Assault Forensic Nurse Examiner (exempt)
Special Projects Assistant (exempt)
Summer Enriclurient (exempt)
West Kauai Community Plan Assistant (exempt)
• Written Exams Administered: Account Clerk
Custodial Services Supervisor
Emergency Services Dispatcher I
Pipefitter Helper
Police Services Officer
Senior Pool Guard
• Performance Exams Administered: None
• Administrative Reviews: Account Clerk (2) (1 accepted; 1 sustained)
Payroll:
• Continue plans for expanding centralized services for other departments; training is
beginning with KPD, the largest and most complicated system.
0
Gross Payroll for June:
15th
$
3,949,324
EOM
$
4,087,904
EUTF ACTIVE
$
733,967
EUTF OPEB
$
1,436,500
EUTF RETIREE
$
-
ERS (RETIREMENT)
$
2,013,612
SOCIAL SECURITY
$
302,523
MEDICARE
$
110,550
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
• Trainings for new hires
• Relocation of office from County Attorney to HR (former Boards & Com. Office)
7
ATTACHMENT A
Procedure
Department of Human Resources Policy Changes
Since 2015 Audit
Before Audit
1. Overall
Individual departments
Recruitment and
were tasked with much of
Hiring
the recruitment and hiring
decisions.
2. Skilled/Unskilled
. No review or controls
Positions
; regarding the designation
of unskilled positions.
i
3. Application -
Citizenship
Language
4. Exemption from
Civil Service
Recruitment
Citizenship language on
application was not clear
with regards to applicants'
ability to meet citizenship
requirements at the time
of hire.
The Exemption Request
Form, exempting
recruitment from civil
service requirements was
signed and kept separately
from the NEOGOV
recruitment reauisition.
After Audit
When the Department of Human
Resources (DHR) was created, duties
performed at the individual
i department levels were transferred
to DHR including reference checks,
background checks, contacting
applicants with conditional offers of
employment, and sending out non -
selection letters.
DHR revised internal procedures to
ensure that all new classes of work
that are created are designated as
"skilled" or "unskilled" to ensure
proper maintenance of positions. In
addition, all positions designated as
"unskilled" are reviewed annually to
ensure continued designation is
appropriate. _
Question added to application to
ensure that applicant has read and
understood citizenship requirement
and acknowledges the need to meet
the requirement at the time of hire
(Applicant needs to be legally
authorized to work in the US at the
time of hire).
The Exemption Request Form is now
part of the NEOGOV online record.
This ensures proper procedures are
followed in recruitment and hiring
and that all necessary forms are
centralized and paperless on the
NEOGOV system.
5. Grant Funded
There was no
A new form was created for
Positions
documentation filed for the
department heads to sign off stating
authorization of grant
that grant funding is available and
funded positions.
the position is authorized for
recruitment.
6. NEOGOV -
No funding approval was
Added funding approval for DOW
Department of
required for DOW
recruitments to ensure position is
Water (DOW)
recruitments.
authorized and funded to post.
Funding
Procedure
7. Recruitment
Above the
Minimum (RAM)
8. Examination
Admittance
9. Interviews
10. NEOGOV -
Classification
Actions
Before Audit
For hard to fill positions,
the entire salary range was
included for consideration
without looking at the
current salaries from the
private and public sector.
Allowed applicants to take
the written exam even if
they were late to the
starting time with whatever
remaining time was left;
applicant not allowed in if
paper admission sheet
was missing.
DHR did not substantiate
interviews done by
individual departments.
Paper requests for
classification action were
2
After Audft
Recruitment staff conduct a review of
salary rates (public and private) to
come up with a realistic range to
recruit hard to fill positions to ensure
salary comparability is maintained for
current and new staff. _
Testing doors are now closed at the
start time and no admittance is
allowed after an exam's start time.
Applicants can now retrieve
admission letters on cell phones and
the test security agreement is given
to applicants at the testing site
versus the need to have to bring it to
the test.
Departments must use NEOGOV
interview scheduling module and
include the results of all interviews
online into the NEOGOV system.
All interviews conducted by individual
departments are now reviewed by
Recruitment staff to ensure that all
referred eligibles are interviewed and
that selection is based on the most
qualified applicant.
For internal recruitments,
Recruitment staff review interview
scores to ensure that those that are
deemed relatively equal are selected
by seniority based on collective
bargaining agreements.
Interview form was revised to include
information about the definition of
relatively equal applicants and the
need to consider seniority for
relatively equal internal applicants.
Form includes formula for ease of
determining relatively equal
applicants.
Added classification actions to
NEOGOV to streamline approval
process, make processpaaperless,
Procedure
11. Reallocations
Before Audit
routed via
interdepartmental mail.
Reallocations were being
done without adequate
documentation and
without checking to see if
there were others in the
department also qualified
for the higher level of work.
After Audit
and centralized necessary approval
forms into NEOGOV system.
Documentation is now required from
the requesting department and
attached to the NEOGOV request for
the reallocation.
In addition, qualifications of all
employees in the respective
department are reviewed to
determine whether a reallocation can
be completed for a specific employee
or whether the position must be
posted to allow for promotional
opportunities for the higher class of
work for all employees in the
department. _
12. Class Language was gender Class specifications have been
Specification - specific. reviewed to use consistent gender
Gender neutral language.
Language
13. Driver's License Required at the time of To avoid the appearance of
filing application. discriminatory selection, driver's
license are now required after a
conditional offer of employment is
-- --- made.
14. Hire Above the There was no standard way
Minimum (HAM) of calculating a starting
pay for an excluded
managerial EM HAM;
requests were looked at
individually.
15. Administrative 1 Clarifying information not
Review Process � accepted by Recruitment
staff prior to rejection of an
applicant's submittal, In
addition, new information
was allowed to be
submitted past the
deadline during an
a licant's review and at
Created a methodology of
determining a fair and equitable
starting pay for applicants utilizing
education and experience over and
above minimum qualification
requirements along with annual
within range progression (WIRP)
amounts to come up with a starting
pay that would be comparable to
other EMs already employed for a
number of years.
Recruitment staff ask for clarifying
information prior to rejecting an
application. In addition, only
information received up until the
deadline in the initial review is
considered during an applicant's
review and for the administrative
review.
Procedure
Before Audit
After Audit
the Administrative Review
step.
16. Class
Education requirements
Working on updating class
Specifications -
are not consistent among
specification to have more consistent
Consistent
various series of work.
education requirements among the
Education
various class specifications.
Requirements
17. Qualifications—
Acceptable substitutions
Amending all class specifications to
Substitutions
(education or experience)
include substitutions (education
are not specified on class
and/or experience) as part of the
specifications leading to
class specifications.
possible inconsistencies
when jobs are posted.
Reviewing all class specifications to
ensure consistency among like
positions and levels for educational
and experience requirements.
ATTACHMENT B
Number of County Employees as of June 30, 2020
Department
Permanent
Tem ra
Exem pt
Contract
Total
Auditor's Office
0
0
0
0
0
County Attorney
5
0
9
0
14
County Clerk
7
0
26
0
33
Economic Development
0
0_
8
0
8
Elderly Affairs
7
0
10
0
17
Emergency Management
4
0
1
2
7
Finance
75
2
3
1
81
Fire
192
9
1
0
202
Housinp,
0
0
2
26
28
Human Resources
19
0
2
0
21
Liquor
6
0
2
0
8
Mayors' Office
0
0
15
0
15
Parks & Recreation
175
0
5
0
180
Planninp,
22
2
2
0
26
Police
202
0
1
5
208
Prosecuti ig Aq2mey
21
2
17
0
40
Public Works
226
7
3
0
236
Transportation
0
86
0 1
0
107
2
0
1
107
89
_ _
Water
Total
1,047
22
216
35
1,320
Note: Permanent - Probationary and permanent employees
Temporary - Provisional and limited term employees
Exempt - Elected and appointed employees (excluding boards and commissions)
Contract - Employees under personal services contract
ATTACHMENT C
County of Kauai
Department of Human Resources
INTERNAL POLICY AND PROCEDURES
S •V1c. �J� 1
qT OF 0 �
Document Number
2020-000 Human Resources Document
Revision Number/Date Retention & Destruction
001/July 2020
PURPOSE:
The Department of Human Resources (DHR) retains and destroys official employee
personnel records in accordance with applicable federal and state laws governing
record retention. Below is an outline of the DHR's operating procedures for personnel
record retention and destruction of documents when such retention periods have
passed.
LEGISLATION/REFERENCES:
Council Resolution Number 2008-39
Council Resolution Number 2016-21
Hawaii Revised Statutes (HRS) $46-43 (County Records
Hawai'i Revised Statutes (HRS) �386 (Workers' Compensation Law)
Occupational Safety and Health Administration (OSHA) 1910 1020
State of Hawai'i General Records Schedule
POLICY:
In accordance with Council Resolutions 2008-39 and 2016-21, there shall be a seven (7)
year minimum retention period for all hard copy or electronic personnel documents with
the exception of the following documents:
Documents pertaining to the State of Hawai'i Employees' Retirement System
(ERS) shall be retained for the duration of employment plus thirty (30) years
pursuant to the State of Hawai'i General Records Schedule;
Documents pertaining to employee exposure to toxic substances and harmful
agents (e.g., asbestos, blood borne pathogens) shall be retained for the duration
of employment plus thirty (30) years pursuant to Part 1910.1020 of the OSHA
regulations; and
Documents pertaining to Workers' Compensation (WC) claims shall be retained
for the duration of eight (8) years from the last payment of compensation pursuant
to the HRS §386.
PROCEDURES:
Following termination of employment, the employee's personnel documents will be
scanned and saved to Laser Fiche by termination year and employee name. The
destruction of hardcopy/paper documents will follow the scanning of the documents (i.e.,
creation of electronic file of personnel records). Electronic records, not related to the ERS,
employee exposure claims, and WC claims, shall be preserved and maintained for at
least seven (7) years following the employee's date of termination of employment.
Personnel records pertaining to the ERS and employee exposure claims shall be retained
for at least thirty (30) years following the employee's date of termination of employment.
Personnel records pertaining to WC claims shall be retained for eight (8) years following
the last payment of compensation related to the respective claim. The DHR shall require
third -party administrators to follow the provisions of this policy and referenced laws.
After meeting the required retention periods and rules set forth by Council Resolutions
2008-39 and 2016-21, the destruction of personnel records shall be requested by the
Director of Human Resources to the County Council as allowed per HRS §46-43. The
destruction of the respective personnel records shall be subsequently coordinated by the
DHR following the Council's approval of the DHR's request.
2020-000 HR Document Retention & Destruction Policy
Page 2 of 2
County of Kauai
Human Resources Department
Civil Service Commission/Merit
Appeals Board
Amendments
on
August 4, 2020
Ramseyer Version
Formatted: Font: Bold
Formatted: Indent: Left: 1.2", Right 1,67'. Line
spacing: single
Formatted: Font: Bold
Formatted: Font: 14 pt
Formatted: Indent: Left: 1 2", Right: 1.67", Line
spacing: single
e0b ao�0-Iq
COUNTY OF KAUAI
HUMAN RESOURCES DEPARTMENT OF-
P6RS0uwr9,l6-8FRVl0ES CO NTV QF KAUAI
PART 2 RULES OF THE CIVIL SERVICE COMMISSION MERITAPPEALS
BOARD
TABLE OF CONTENTS
CHAPTER I RULES OF PRACTICE AND PROCEDURE
Subchapter I Rules of General Applicability
§ I -I
Purpose of chapter; statement of policy .......................
§1-2
Authority..........................................................
§ 1-3
Construction of rules .............................................
§14
Limitation of jurisdiction ........................................
§ 1-5
Procedure and terms .............................................
§1-6
Definitions.........................................................
§1-7
The Commission ..................................................
§ 1-8
Delegation of administrative duties ............................
§ 1-9
Government records ..............................................
Subchapter 2 Proceedings before the Commission/Merit Appeals Board
§1-10
General proceedings ..............................................
§I -I I
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..................................
PAGE NO.
1-2
1-2
1-3
1-3
1-3
1-3
1-4
1-7
1-7
1-12
1-12
1-13
1-14
1-14
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 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
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Subchapter I
RULES OF GENERAL APPLICABILITY
§ I - I 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 hereafterbe
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: HRS §§ 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 ternis 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.
1-3
"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 human resource department of -Ws( €-
sf 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 civil service commission
is located in the Pi'ikoi buildin at Lihue, Hawaii. All communications to the
commission shall be addressed to thu Office of Boards andthe Commissions, 4444
Rice Street, Suite 300440, 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.
1-4
Of each workday unless otherwise provided by statute or executive order.
(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 immment 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. electronic mai.1.1 email 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
1-6
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 .,........ission'; e D� e, 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
for 40 thiwf 3A)-days after the meeting except where such disclosure
would be inconsistent with section 92-4, HRS.
(f) 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
1-7
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: HRS §§ 76-14, 76-47, 92-I, 92-3, 92-4, 92-5, 92-7, 92-8, 92-9, 92-15)
p 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 9 1 -1I, 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 92F-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 9217-12, 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 9217-12, 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.
1-8
(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, 92.17)
Subchapter 2
PROCEEDINGS BEFORE THE COMMISSION
§ I-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)
§ I -I I 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
1-9
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 gam
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 hearing officer. 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
1-10
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 I I 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, electronic mail
(email) 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)
§ I -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 otherv. ise 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. (Auth: 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)
§ 1-18 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 isclearly
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)
1.12
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 I-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
1811
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: HRS §§ 91-3, 92-41)
Q 1-23 Conduct of hearine. (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 cop-, and eight -dies 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
1-14
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, an orijnal cMnine4°.,T.,� � 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 effectne upon filing with the county clerk
for a period not exceeding one hundred twenty (120) days without renewal unless extended
in compliance "ith 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)
1-15
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, mailing address, electronic_ mail (email) 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
1-16
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
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-I, 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)
1-17
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.
(f) 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
1-18
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.
1-19
(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
§ 1-38 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
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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) 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 Civil Service^ri ee o°'"e
Commission located at the Pi'ikoi building in the Office of Boards and
Commissions at 4444 Rice Street, Suite 300440, 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
I-14.
(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:
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(a) be limited to a single class; and contain:
(1) the name and signature of each petitioner;
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(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 Q§ 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 9 1 -1I, 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).
1-23
(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.
(f) 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 has 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
1-24
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 Hawaii 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
1-25
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 service
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
1-26
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: HRS §§ 76-14, 7647, Art XV, RCC, Sec. 15.03)
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Wks of the Civil Service Commission Mem Appeals Board,
Rule 6.2 Filing of Appeal; Arry."r5an who has a sianclinaapMl shall file a nelition of a eal m lete an_Appeal Form} to the
Civil Service CnmmiSsiogwithin menty{20} calendar 4ays ifigy notice ofthi action was senj hy the director or appointing
auLhority. - —
I .I e The Civil Service C mmis ion shall nQt proceed on n appeal unless #11 internal complaiol procedures, including
administrative review and departmental complaint procedures have been exhausted. Hawaii Revised Statutes 7647.
1. Appellant Contact Information:
Name:
Mailine Address:
Telephone Number:
Electronic Mail [Email] Address:
2. Is the Appellant a County of Kauai employee? Yes No
3. Appellant's Authorized Representative Information [if any]:
Name:
Mailing Address:
Telephone Number:
Electronic Mail (Email) Address:
4. Name of the Mayor, Human Resource Director Appointing Authority or Designee acting on behalf of
one of these individuals whose action is appealed:
5. Pursuant to HRS 76-4 and Rule 6-1 Standing Anyeal,.this appeal.is being filed for an action under the
following category check all applicable):
Recruitment & Examination
Classification or Reclassification of•aparticular position
Initial Pricins of( Llasses
Other employment actions under this rule 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 Hawaii Revised Statutes §89-6
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10. Remedy requested with reasons and explanation of the legal basis by which remedy should be granted.
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11. M appeal will be heard before the Civil Service Commission/Merit Appeals Board at a scheduled
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Submit Form by Mail: Civil Service Commission
c/o Office of Boards and Commissions
_ Pi'ikoi Buildin>r
4444 Rice Street, Suite 300
Lihue, HI 96766
Hand Deliver Form: Office of Boards and Commissions
Pi'ikoi Building
4444 Rice Street, Suite 300
Lihue HI96766
Sat'Sun/Holidays)
Hours: M-F 7:45an1 to 4:30 n1 closed
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OF
Rules of the Civil Service Commission/Merit Appeals Board.
Rule 6.2 Filing of Appeal: Any person who has a standing appeal shall file a petition of appeal (complete an Appeal Form) to the
Civil Service Commission within twenty (20) calendar days after notice of the action was sent by the director or appointing
authority.
Rule 6.1 (e) The Civil Service Commission shall not proceed on an appeal unless all internal complaint procedures, including
administrative review and departmental complaint procedures have been exhausted. Hawaii Revised Statutes 76-47.
1. Appellant Contact Information:
Name:
Mailing Address:
Telephone Number:
Electronic Mail (Email) Address:
2. Is the Appellant a County of Kauai employee?
Yes No
3. Appellant's Authorized Representative Information (if any):
Name:
Mailing Address:
Telephone Number:
Electronic Mail (Email) Address:
4. Name of the Mayor, Human Resource Director, Appointing Authority or Designee acting on behalf of
one of these individuals whose action is appealed:
5. Pursuant to HRS 76-4 and Rule 6-1 Standing Appeal, this appeal is being filed for an action under the
following category (check all applicable):
_ Recruitment & Examination
Classification or Reclassification of a particular position
Initial Pricing of Classes
Other employment actions under this rule, 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 Hawaii Revised Statutes §89-6
6. Date action taken:
7. Date notice of action was received by Appellant:
8. Statement of legal wrong caused by the action of the Mayor, Director of Human Resources, Appointing
Authority, or Designee acting on one of these individuals, or a statement as to how such action has
adversely affected or aggrieved the Appellant. Include concise statement of facts pertinent to this appeal.
9. Other facts relevant to this appeal.
10. Remedy requested with reasons and explanation of the legal basis by which remedy should be granted.
11. My appeal will be heard before the Civil Service Commission/Merit Appeals Board at a scheduled
Appeal Hearing meeting. Please select if you prefer to have the meeting open or closed to the public:
Open to the Public Closed to the Public
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 made to create delay.
_ Date
Appellant Signature
Date
Representative's Signature
Submit Form Online: Click Here
Submit Form by Mail: Civil Service Commission
c o Office of Boards and Commissions
Pi'ikoi Building
4444 Rice Street, Suite 300
Lihue, HI 96766
Hand Deliver Form: Office of Boards and Commissions
Pi'ikoi Building
4444 Rice Street, Suite 300
Lihue, HI 96766
Hours: M-F 7:45am to 4:30pm (closed Sat" Sun/Holidays)
OP
G
DATE RECEIVED:
n
OF
Appeal to the
CIVIL SERVICE COMMISSION/MERIT APPEALS BOARD
MO'IKEHA BUILDING
4444 Rice Street, Suite 150
LIHU'E, KAUA'1, HAWAI'1 96766
Telephone (808) 241-4919 • Fax (808) 241-5496
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
old eoP'1)
8. Other facts relevant to this appeal:
9. Remedy reauested 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 (if any)
Representative's Signature
(amended 12/2016) 2