HomeMy WebLinkAbout2020 08-26 SC Approved MinutesPage 1 of 24
COUNTY OF KAUAI
SALARY COMMISSION
Piikoi Building, 4444 Rice Street, Suite 300
Līhu‘e, Hawai‘i 96766
APPROVED MINUTES OF THE COMMISSION’S THIRD
TELECONFERENCE AUGUST 26, 2020 MEETING
ATTENDANCE
Chair Trinette Kaui and Commissioners Robert Crowell, Leland Kahawai, Patrick
Ono and Laurie Yoshida.
Also present Boards and Commissions Administrator Ellen Ching; Support Clerk
Mercedes Omo; and Deputy County Attorney Andrew Michaels.
CALL TO ORDER
Chair Kaui: Welcome everybody. I would like to call the Salary Commission
meeting to order and I would like to thank everyone for attending. We do have a
quorum this morning. Commissioner Rainforth is not feeling well and will not be
attending today.
PUBLIC TESTIMONY:
None.
ROLL CALL TO ASCERTAIN QUORUM
Chair Kaui: Can I get a roll to ascertain quorum?
Ms. Omo: Yes. Commissioner Yoshida, Commissioner Ono, Commissioner
Kahawai, Commissioner Crowell and Chair Kaui.
Ms. Yoshida: Here.
Mr. Ono: Present. Thank you.
Mr. Kahawai: Present.
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Mr. Crowell: Present.
Chair Kaui: Present. Thank you.
Ms. Omo: Okay, we have a quorum.
Chair Kaui: Thank you.
NEXT TELECONFERENCE MEETING DATE
9:00 a.m. Wednesday, September 23, 2020
Chair Kaui: About our next meeting, we are going to hold off until the end of the
meeting than we discuss the date. Okay, let us move on to the approval of the
minutes from our open session meeting on July 20.
APPROVAL OF MINUTES
Open Session Minutes of July 20, 2020 Meeting.
Chair Kaui: I assume everyone got the minutes from Mercedes and I hope you all
had a chance to review it. Do you have any comments, questions or changes?
Mr. Ono: I found two (2) corrections; the first is on page six (6), second sentence.
I think Commissioner Crowell meant to say, “How strong Matt reacted to the
denial” instead of “how strong Matt is relating to the denial”.
Ms. Omo: Okay, your correction is noted.
Mr. Ono: Okay, then on page seven (7), second sentence, where I said, “I do
understand the dire economic conditions that most likely would be cutting as we
move forward. I believe that the correct word should be continuing and not
cutting.
Ms. Omo: Okay, got it, thank you.
Mr. Ono: Thank you.
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Chair Kaui: Okay, are there any other changes? If not can, I have a motion to
approve the minutes as amended.
Mr. Ono: So moved.
Ms. Yoshida: Second.
Chair Kaui: Okay, Commissioner Ono and Commissioner Yoshida who seconded.
All those in favor of the motion, please indicate by saying aye. Opposed. Hearing
none. Motion carries 5:0. Okay, let us continue to our next order of business and
that is SC 2020-4.
BUSINESS
SC 2020-4 Discussion and decision-making on submitting a Salary Resolution
establishing the maximum salary caps for certain County officers and
employees included in Section 3-2.1 of the Kauai County Code for the
Fiscal Year 2021/2022. (On going)
General overview by the following Department Heads:
(a) Director Annette Anderson, Department of Human Resources.
(b) Director Nalani Brun, Office of Economic Development
(c) Acting Director Cecilio Baliaris, Department of Liquor
(d) County Attorney Matthew Bracken
Chair Kaui: This has been on going in regards to our discussion. We would like
thank the Department Heads who are here today. They will be presenting
information in regards to their organizational chart and if they did provide salary
information, we thank all of you for doing that. Mercedes is there a particular
order that you would like us to proceed, or do we just go down the list.
Ms. Omo: Just go down the list.
Chair Kaui: Okay. Do we have Annette Anderson from Human Resources?
Annette are you here.
Ms. Anderson: Yes, I am. Good morning.
Chair Kaui: Good morning, Annette and thank you for coming befo re us today.
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Ms. Anderson: So you have the ORG chart that I submitted. Okay, just a brief
background. I have been here now for six months, I started in the middle of
February, and I would say in the beginning of March it became everything COVID
so Human Resources since that time has just been working on everything COVID
as you can imagine. However, we are moving forward with improving on the
services we provide. As noted in our ORG chart, the largest division is payroll and
we expect in the future as we continue to be moving towards a more centralize
payroll division to which will include more positions to assist the other
departments.
However, just to go over briefly what the different divisions do, we have under the
Human Resources Manager Janine Rapozo we have the classification and pay
section and we have labor relations and negotiations. She also oversees the
recruitment division, which is a very important division to have. We also have our
HR Manager Jill Niitani, she oversees the administrative services division, which
handles those many different personnel transactions like workers comp,
employment, staff development, on-going investigations, and she oversees the
employment development, health, and safety that consist of training, equipment
training and safety training. As mentioned, we have our payroll division and we
also have in that division an accountant that deals with our budget issues and then
we also have the EEO and ADA coordinator position that also handles
investigations as needed and I have a private secretary under me as well. So we
have a total of 21, 22 positons if you look at the most recent work chart, and again,
in the future we will probably be bringing over some other positions into payroll
to assist while we expand payroll services county wide; taking over the other
departments payroll services. Are there any questions?
Chair Kaui: Are there any questions for Annette, Commissioners?
Mr. Crowell: Yes, this is Bob Crowell. What departments do you have payroll for
and which ones are you looking at acquiring in the future?
Ms. Anderson: So, we have a number of them already, we just recently taken over
Finance, Parks, and Recreation Departments. What we are looking to do is, in the
future and we are actually having folks trained up right now. The biggest
Department is the Police Department, it is very large and it takes a lot of training.
The person who is there now has been doing it for many, many ye ars and is one of
those people that (you know) are so important to the county because they have
such an extensive knowledge base and we need to make sure that that transfer of
knowledge occurs.
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Therefore, we have started to train our payroll folks so we can eventually bring
over that very large Department. I am not going to be able to go down the list of
whom we are doing right now. I know that Janine is on the line and she knows the
list of all the current smaller offices that we are doing and I rely on her to
(inaudible).
Ms. Rapozo: Hi and good morning, this is Janine Rapozo. It might be easier for
me to tell you what we do not do right now, and as Annette have said, we do not do
police, water, public works, housing and office elderly affairs. When I say we do
not do it, we still do central payroll to close out the payroll and the paychecks and
all of that.
What we don’t’ do the actual data entry for the timesheets, which we recently
brought over Parks and Recreation and Finance and a couple of years before that
we brought fire over as well. What we are trying to do is bring pretty much
everything under HR so that we can have standardization in how the contracts are
being administered and people are being paid. Nevertheless, we always had the
central payroll in our office and we still do; we just do not have that first step
which is the data entry, which is the Departments that I just mentioned. I believe
there are 18 different Departments and we are doing 13 right now
Mr. Crowell: Thank you. That is a big undertaking. That is unreal.
Chair Kaui: Thank you Janine for that and Annette. Are there any other questions
for either Annette or Janine?
Ms. Yoshida: I actually have a question. This is Laurie Yoshida. So, as you folks
are taking over those Departments payroll functions and you are going to add staff,
I am going to assume you are going to transfer their payroll clerk type of people
over, if they want move. I know there is a process. If they are doing payroll
whether there in HR or police (as an example) or public works are they still going
to be classified that same for salary purposes. Is a payroll clerk - whatever their
title is in each Department the same.
Ms. Anderson: I will answer first and then Janine can follow-up to either add to or
correct what I say. We brought over for instance a vacant positon from one of the
Departments and then we recruited and filled it with a payroll position, right? We
got the position from the other Department. As we move forward, we’re going to
look and see when we will need to bring another positon over, if that is in fact
available; it would then depend on…it’s a vacant position that is being converted
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to something that is a payroll type of positon or whether it’s an existing payroll
position with a body, right. I also should mention that we are in a permit process
for a new big HR MS system and we are hoping to select a vendor in the very near
future. So depending on the system that we select and what it can provide for us it
may be that that automated system will help us where we don’t need so many
bodies in the future, but we don’t know that yet, so we’re kind of in limbo on how
many people and positions we would need based upon that.
Janine is there anything else that you think that might be important to add or
correct.
Ms. Rapozo: Yes, so what happened with some of the other ones that transferred is
usually there is a vacancy when somebody is leaving and so the departments are
saying hey, maybe now is the time to take it over. That is what happened with Fire
and that is kind of what happened with Parks as well. So we kind of went that way
and so we really didn’t affect people as much; however, when HR was created a
number of years ago, we did transfer people over and we looked at their
classification because right now in the various departments you have people from
secretaries, accountants to payroll clerks that are doing payroll, so there may be a
difference in how it gets transferred. However, we may look at that before we
affect the employee negatively; we would not want to do that.
Chair Kaui: Janine, quick question. Are all of the administrative staff members
appointed?
Ms. Rapozo: Correct.
Chair Kaui: Okay, thank you.
Mr. Crowell: And this Department does not have not have a deputy director.
Ms. Anderson: That is correct.
Mr. Crowell: Is anyone intending to look at possibly having a deputy.
Ms. Anderson: If it was not for the Covid, Covid, Covid one of my task was
bringing to look at the organizational structure. Right now, we have the HR
Manager II and the HR Manager III level, but no deputy, so yes; I would be
looking at that in the future. I just need a little bit of a breather, which I hope, will
come soon.
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Ms. Rapozo: Can I add something quick to that? When I was the Acting Director
that was something I had looked at, but one of the stumbling blocks was that the
salary resolution did not allow for any pay, and so as the Salary Commission looks
at a salary resolution regardless if there is a position or not, I’m not sure if you may
want to consider deputies in general for certain types of departments because it
does handcuff the department if the salary resolution does not indicate what type of
salary that deputy would be at.
Chair Kaui: Okay, good to know, thank you, Janine. I have a question for Ellen.
In that case Ellen, do we have to revise or introduce a resolution to include a
deputy. How would that work?
Ms. Ching: It is funny that you mentioned that because I was listening to Janine’s
response and we would have to do some research and I off the top of my mind it
really is about the salary resolution and could we add positons under the salary
resolution or is that a Charter amendment. So I would punt that question to our
County Attorney Andrew on that. As I pull up my charter right now. Janine do
you have any thoughts on that.
Ms. Rapozo: Deputies are not in the charter so I think you can add those in. Some
of the other jurisdictions the way they do their resolution is they have departments
bunched up into levels and so regardless if there is a deputy or not, they would say,
HR you are at level II so your deputy would fall into this category; if have one or if
you don’t have one. That is kind of, where the Police Department had taken away
their deputy at one point, but it was still on the resolution. Therefore, if they did
convert they would know what they would pay the deputy. So you could look at it
that way; liquor doesn’t t have deputy as well, but what if you know, he wanted to
look at a deputy, right now, we would need to know where that salary for that
deputy would fall. I think what you could do is possibly do your resolution in a
way that grouped the different departments that way.
I know that is how the city does theirs; if they are like a Level I, their department
heads would all fall under this salary and their deputies (depending) would fall
under that salary. So that might be a way to at least be more flexible for the
departments without deputies right now, that if things change you wouldn’t have to
have a special resolution passed right at that point in order for them to proceed
with filling that position.
Chair Kaui: Janine is that something like the tiered system.
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Ms. Rapozo: That is somewhat how I think the City has theirs – they have theirs
kind of in blocks and they have all of their different departments in that block and
they will say this is their salary and then maybe another block for that. You know,
I think in the past, when Jay Furfaro was the Boards Administrator, he had looked
at tiers so those are different ways. I know for your salary resolution, right now
you name every single positon separately, but you could d o it a little more
differently and it would show how you grouped them.
Chair Kaui: Okay, thank you.
Mr. Crowell: I think previously, we would wait until the position is establish
before we would addressed it. This is an interesting conversation for me. What
does it take to establish a deputy position?
Ms. Rapozo: You can put in the budget or if you have a position in the budget that
is vacant; for example, you could ask the Director of Human Resources that you
would like to convert that into an exempt deputy positon. It can happened anytime
during the year, usually it would happen during budget so that it is actually in the
budget. But at that point, even when you’re trying to do a budget you really
wouldn’t know what the funding level would be bec ause there’s nothing in the
salary resolution to give guidance as to what to put into the budget. It would be
like putting the cart before the horse, but in my mind, if you can at least have a
distinction of if you have a deputy this is where the salary would be besides it
would be helpful for the departments moving forward.
Chair Kaui: I have another question Janine. Does the other counties have
deputies?
Ms. Rapozo: Yes, for HR, yes they do.
Chair Kaui: Okay. We can look at their salaries.
Ms. Anderson: I have a question for Janine. If there were a deputy would it be me
as the Director or whoever sits in this seat would be the one that would appoint a
deputy and not the Civil Service Commission right? It would be the director.
Ms. Rapozo: That is correct.
Ms. Anderson: Okay.
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Ms. Rapozo: Yes. Commissioner Kaui just to clarify, the deputy for the City is a
civil service position, but it is an appointed positon in Maui and the Big Island.
Chair Kaui: Okay, good to know. Thank you. Are there any other questions?
Mr. Crowell: Janine, so for the deputy for the City, is their salary controlled by the
Salary Commission and not by civil service.
Ms. Rapozo: No, it runs through the civil service process and not by the Sa lary
Commission.
Mr. Crowell: Janine, for the City is the salary controlled by the salary commission
and not by civil service or some other…
Ms. Rapozo: No, it runs through the civil service process and not by the Salary
Commission.
Chair Kaui: Commissioner Crowell she said that the deputy is a civil service
position for the City and Maui and the Big Island are appointed. Any other
questions. Ellen is Matt on the line, or do is our counsel on the line.
Ms. Ching: Andrew is on the line.
Chair Kaui: Andrew are you on the line.
Mr. Michaels: Yes, I am here.
Chair Kaui: I am not sure if you can answer now or maybe for our next meeting to
kind of look into how we can address the question about having a deputy director
for HR.
Mr. Michaels: I will look into that and do some research for the next meeting.
Chair Kaui: Okay, thank you Andrew.
Mr. Michaels: No problem.
Ms. Ching: Chair, I have one more question for Janine. Let’s us say the positon is
a civil service positon the salary would not be set by the Salary Commission right,
it would be based on the civil service and what unit they would come under right?
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Ms. Rapozo: Yes, if it were a civil service position it would not fall under the
Salary Commission, correct.
Ms. Ching: In some ways, the Salary Commission has seen many Departments
struggle with trying to find a deputy because the salary set by the commission does
not necessarily keep pace with the civil service position. Is there any thinking from
the Department as to the preference on whether it should be a civil service positon
or appointed by the Director.
Ms. Rapozo: I think Annette can answer that question.
Ms. Anderson: I recognize that the issue and that I think is a common issue; it is
not unique to HR. There are pros and cons no matter which way you look at it, so
if you are civil service even though you are excluded from the ba rgaining unit you
are nearing the collective bargaining agreement as far as salaries and depending
upon your length of service, you may very well be making more money right.
I will say that because it’s civil service, it is more of a permanent position and if
you look at a deputy that would be non-civil service, then you’re looking at
probably more turn overs when there is a change in a Director or what have you.
So there are pros and cons both ways. The level of excluded managerial right now
is to my understanding…the island of Kaua‘i does not have high enough level –
basically, you would be entitled to overtime, and I kind of struggle with that
because from where I came, I had high level managerial people that were over the
salary threshold and they were not entitled to overtime. However, here most
excluded managerial are in the category where they would be entitled to overtime
and so there are a lot of different issues and considerations that need to be made.
Thank you.
Chair Kaui: Okay, thank you. Are there any more questions for Annette or
Janine? If not, thank you ladies for your presentation, we really appreciate it and
we look forward to hearing from you folks if you have any more questions or
concerns, please let us know. Okay, we would like to move on to Director Nalani
Brun, Office of Economic Development. Nalani, are you there?
Ms. Brun: Aloha.
Ms. Yoshida: Hey, Nalani.
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Ms. Brun: Hi. Good morning, Chair Kaui and Commissioners. Okay, so just
reviewing the Office of Economic Development. Our vision is to support a strong
economy, which is difficult right now. Our focus is on the visitor industry,
agriculture, sustainability, energy, business, business innovation and film.
We support other projects like workforce and best opportunity act. In our office,
we focus all our efforts on these sectors, although we do bounce around and grab
new things as they come in. Whether it comes in through business innovation or
agriculture much of our team cross work where the AG person would help the film
person or the film person is helping with the grants. We do not restrict ourselves to
a very regular type of routine day every single day. The only people who can work
here does not like routine because that is all they are going to get every single day.
We have four (4) positons; we have a Specialist IV and their first primary area is
agriculture – we have Marty Amaro. Sustainability and Energy is Ben Sullivan
who has been here a very long time. The Workforce Investment Opportunity
Manager is Dan Fort. We have an office upstairs that does the general economic
work, but we also we a tie to the American Job Center which is down (as you
would notice) where the old fish bowl use to be and that office houses contractors,
workforce development division. The center is called Hale Kōkua and I think
some other services are also in there. We really want to make that because of
Covid all about workforce and trying to get our people back to work, so we are
concentrating all of our efforts back down there where we weren’t six (6) months
ago.
Then we also, have (which is new) our Business Invocation Coordinator and this
person starting about a year ago so they are up and running as fast as they can…it’s
long overdue in the Office of Economic Development that we now have someone
concentrating solely on business in general and business invocation. So that is four
(4) of our specialists. We work closely with our Film Commissioner who is
currently under the Mayor’s Office and that is in a separate department, but we
basically, all hold hands together any day of the week. To support this program
specialist, we have two (2) Program Specialists III, Melissa and Theri and they
have a primary program that they have to run and they have to do all of the
administrative stuff and everything else to help the program managers. So they
concentrate on the Kaua‘i Made; the coordination of that program because it has
gotten very big and the Farmers Markets because it takes a lot of work.
We also (of course) have an accountant who has to be inept in managing all kinds
of grants, he’s funded half time by the county and the other half by two (2) grants
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that we have. One from the Hawai‘i Tourism Authority and partially from the
workforce community act, so he is a combination of funding. We also recently
brought on a Special Projects Assistant and that’s using our – what we had prior
was our Sunshine Market monitor, which obviously, we don’t have a lot of
sunshine markets happening right now. So it shifted over, the person helps us with
the visitor industry projects and the other work we have to do because we are
committed to help the Hawai‘i Tourism Authority with their projects. She also
helps the Mayor’s Office with phone calls are Covid related, as well as other
projects that pops up.
Moving forward, we are still looking to hiring a person to focus on the visitor
industry because we really want to turn the ship on that one and get a handl e on the
management of it versus letting it go wild. We are very soon, bringing on a
temporary hire, which is a workforce coordinator to help us with the “Rise to Work
Program”. The person would help at the American Job Center to try to stand -up
200 jobs (which is going to be hired from the outside) and to make sure that the
coordination is happening and that we are managing the furloughed workers.
For agriculture, the important primary things are data, building partner strengths,
secure funding and project management. For the visitor industry, we are focusing
on learning how to manage the visitor industry, the tourism strategic plan and our
HTA partnership. Sustainability there is climate change, energy use, partner’s co-
op; Ben is our biggest data collectors. Business invocation (again) it is collecting
data, support businesses, growth for businesses to try to turn small businesses into
medium businesses and medium businesses to larger businesses.
In addition, we have on contract a business invocation coordinator to figure which
businesses can make the jump (inaudible) that we assign to them to help them try
to make that jump. In addition, of course is the Film Commissioner who is in the
Mayor’s Office working on trying to build our capacity to take on more film. We
handle all of the film permitting and she has been handling al l of the RFP’s for us
because we have been given a lot of Cares Projects (10 million dollars’ worth) so
we are working hard to push those projects out, things had to shift as far as duties
during this time. That is about it.
Chair Kaui: Thank you Nalani. Any questions for Nalani, Commissioners. I have
a quick question, who is your business innovation specialist.
Ms. Brun: Diana Singh.
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Chair Kaui: Thank you. You got your hands full.
Ms. Brun: Oh, yes.
Mr. Crowell: Nalani, I have a question. I see on your ORG chart that you have
many positions that have E’s before the positon number. Is that because they are
exempts positons or are they civil service positions.
Ms. Brun: They are all exempt. Everyone at the Office of Economic Development
are exempt.
Mr. Kahawai: I have a question Chair. This is Leland.
Chair Kaui: Sure.
Mr. Kahawai: I am looking at the Executive Salary Comparisons, but I do not see
one for an Economic Development position. Are we missing that or am I not
looking at it correctly.
Chair Kaui: Is this the Org Chart?
Mr. Kahawai: No, it is the Executive Salaries Jurisdiction Comparison sheet. Not
for Nalani, it is more for Mercy or Ellen.
Chair Kaui: I think it is for Ellen.
Ms. Ching: Leland.
Mr. Kahawai: Yes.
Ms. Ching: If you look at the chart, its right below – you have the mayor, the
managing director, B&C administrator, and then OED.
Ms. Omo: Commissioner Kahawai, it is right under the mayor.
Ms. Brun: We are part of the Mayor’s Office.
Chair Kaui: I think Leland is looking at the Executive Salary Jurisdiction
Comparison sheet of all of the other islands.
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Mr. Kahawai: Salary comparisons.
Ms. Ching: For the different counties.
Chair Kaui: Correct.
Ms. Ching: Got it. If you look at that chart; third to the last line where is says
Research & Development Economic Development.
Mr. Kahawai: Okay, gotcha. I was looking for Economic Development. Thank
you.
Ms. Yoshida: But for Kaua‘i its blank. Is there a reason for that?
Mr. Kahawai: That is for the deputy.
Ms. Yoshida: I am, I on the deputy line?
Mr. Kahawai: Yes, one sheet was for the director and the second sheet was for the
deputy.
Ms. Yoshida: Okay. Let me look.
Chair Kaui: I see what you are looking at Laurie and I do not see one for Kaua‘i
neither. All right, is there any more questions for Nalani? Thank you Nalani,
Aloha.
Ms. Brun: Thank you.
Mr. Ono: Thank you for helping with Covid Nalani.
Ms. Brun: Thank you guys.
Chair Kaui: Okay, let us move on to Acting Director Cecilio Baliaris, Department
of Liquor. Cecil are you on the line.
Mr. Baliaris: Yes, I am. Good morning.
Chair Kaui: Good morning, how are you doing?
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Mr. Baliaris: Okay.
Chair Kaui: Good. Okay, Mr. Baliaris take it away.
Mr. Baliaris: Right now, I am the Acting Director and our Liquor Commission
people; I divided them into three (3) sections. To start, I have a private secretary
that I inherited when I came on-board. As for the administrative section it consist
of a senior clerk, a senior account clerk and an 89-day hire assistant. The senior
clerk and the senior account clerk are both fulltime positions. The 89-day contract
worker positon is funded using the senior clerk positon that is open at this point.
Going down to the enforcement section, Investigator III Ken Herman has been
temporarily assigned to Investigator IV. The other three (3) Investigators are
Lawrence Stem Investigator II, John Ferry Investigator I and Reid Yoshida
Investigator Trainee. They are the people who goes out at night to check on all of
our licensees to make sure that everyone is abiding to the liquor rules and laws
enacted. Ken Herman is their supervisor and assigned to the office, and all of them
are permanent salaried positions.
We are also enforcing the COVID-19 rules and what I mean by enforcing is we
just go in check and if there are any violations, what we do is we warn the licensee
and if it persist we would submit a report to the Mayor and he can take action as
permitted. We do not enforce COVID-19 rules because we only enforce the HRS
(Hawai‘i Revised Statutes), that’s what we come under and that’s the only rules or
laws that we can enforce. We can enforce the rules that are come from the Liquor
Commissioners (inaudible) and all that.
As far as the administration and some of the other duties, Investigator IV Ken
Herman and some of the other investigators recently completed the Gross Liquor
Sales Report for the year and in doing so, we came across some licensees that were
closing down permanently and had already closed down.
Mr. Herman: There were seven (7) total.
Mr. Baliaris: Yes, seven (7) business is closing down permanently. We do have
one that is considering and that is Smith’s Tropical Garden. If nothing happens in
the future, they will be closing down. On the side of that, that is what we do and
we are a very small office. We also do license renewals but because of the
COVID-19 pandemic some of the licensees; we really had to get down because
they closed and we didn’t have any addresses and phone numbers to contact the
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people on the mainland so that made things very hard for us, but we got through it
and we finished it. That is about it as far as our Department.
Chair Kaui: Thank you Cecil. Are there any questions from the Commissioners?
For Mr. Baliaris.
Ms. Ching: Chair.
Chair Kaui: Yes.
Ms. Ching: I think it would be important for Cecil to talk about ho w he’s
Department is funded because it is very different from every other department.
Chair Kaui: Okay.
Mr. Baliaris: Yes, we are self-independent and it depends on the licensees – if they
don’t renew their license we don’t get paid and that’s one of the main reasons why
we hustle to get the renewals. All the licensees and fees; and sometimes when
there is a violation those fees count as our salary. Violations when they happen
part of the monetary payments that are made because of the violations goes back to
the licensees as far as the training and some of the pamphlets that we hand out to
the providers on drinking and all that. Nevertheless, we are self -sufficient and we
depend on the license fees and that in essence is like we depend on them and t hey
depend us. We are not like the Police Department where we have a heavy hand,
we kind of hoo`malimali them to get results.
Chair Kaui: so, license renewals and violation fees fund the entire budget.
Mr. Baliaris: And the gross liquor sales.
Chair Kaui: Okay, got it.
Mr. Crowell: With seven (7) licensees going down and possibly permanently are
you looking at possibly cutting your staff. How are you going to get around that
one?
Mr. Baliaris: We are waiting on the Finance Department to tell us what the gross
liquor sales are. I have Ken Herman with me; he worked on that and can answer
your questions.
Page 17 of 24
Mr. Herman: Good morning Commissioners.
Chair Kaui: Hi, Ken.
Mr. Herman: I am still learning the process myself, but part of the process is our
end of the gross liquor sales, Cherisse (as far as I know) is finalizing the report.
We give the numbers to the Finance Department and the Finance Department
comes up a percentage of the licensees’ payoff of our gross liquor sales. The last
thing that I got from her is we are waiting for those funds. To answer your
question, we lost some licensees, which will affect the percentage of the fees paid
by the remaining licensees. I see it as the rest of the licensees having to share the
burden. This year, the percentage may come in low also, because the sales were
down and there is going to be a balancing affect next year where it could come in
fairly next fiscal year. Does that answer your question sir?
Mr. Crowell: Got it. Thank you.
Mr. Herman: As far as staff, at this point we are not looking at any cuts.
Mr. Crowell: Thank you.
Mr. Herman: Thank you.
Mr. Ono: Hey Ken, what is the total number if we lost seven. How many total
licensees’ would we have in Kaua‘i County.
Mr. Herman: I do not have the exact figure in front of me, but I can get it for you. I
believe (I want to say) – wait two (2) minutes and I can get you the answer to that.
Chair Kaui: Thank you. Ellen, question. Do we set the maximum salary cap for
the Liquor Director?
Ms. Ching: Yes.
Chair Kaui: Thank you. Are there any other questions Commissioners. No, if not,
thanks Cecil for your presentation.
Mr. Baliaris: Mahalo.
Page 18 of 24
Ms. Yoshida: I think Ken was coming back with the number of licensees’. He said
two (2) minutes so.
Chair Kaui: Okay. All right.
Mr. Baliaris: I would like to say in addition is the seven (7) licensees that closed
down thankfully it was not really the big ones. The ones we would be concerned
about if they did closed down is the hotels and the big restaurants. Right now, it is
only the small licensees’.
Mr. Herman: Commissioner, I have the question to your question. Currently, we
have 216 licensees’ and that counts on premise, off premise, distributors and tour
group boats.
Chair Kaui: Thank you Ken. Okay, thanks guys for your presentation.
Ms. Yoshida: Thank you.
Chair Kaui: Let’s move on to…Andrew are representing the County Attorney’s
Office.
Mr. Michaels: Yes, I’ll do my best. I think Matt is still at Council meeting so I will
do my best. I’ll kind of keep it brief. The bottom line is we have recently made
some hires and so we are about to be fully staffed at thirteen (13) attorneys and the
office structure is very simple. We have two (2) divisions – ligation where we deal
with the actual court disputes and arbitrations and then the other side we deal with
advising Council, which is exacting like its name where it indicates we provide
advice to the various departments to try to sort of prevent litigation. In addition to
the attorneys, we have five (5) support staff. As far as an organizational structure
its pretty flat – we got County Attorney Matt Bracken and First Deputy Mahealani
Krafft and then all of the other deputy county attorneys. That is really it.
Chair Kaui: Thank you. Does anybody have any questions for Andrew?
Mr. Ono: Can you break that down one more time – the number of attorneys that
we have is fourteen (14).
Mr. Michaels: The number that Matt had given to me today was thirteen (13) and
about to be fully staffed. I know I see on my card right here – twelve (12) attorneys
Page 19 of 24
right now, so there might be another hire about to come in. Then five (5) support
staff, but I can check-in with Matt to clarify then I will get back to you on that.
Chair Kaui: Okay.
Ms. Ching: Chair if I may. I think what is important for the Salary Commission to
think about is unlike other departments in the salary resolution; the salary
resolution sets the salaries for the county attorney, first deputy county attorney and
then the deputy county attorneys. In other words, the resolution covers the county
attorney, the first deputy county attorney and all of the deputy county attorneys
under them. That’s majority of the staff that the salary resolution determines the
salary for.
Chair Kaui: Okay, thank you for the clarification Ellen. Andrew it looks like – I
know at one point in time it was hard getting attorneys but it looks like the tide has
changed.
Mr. Andrew: We think maybe in one sense may be the Covid-19 pandemic may
have helped us in terms of there being a lot of disputes and there certainly was a
need for more attorneys and perhaps people were looking for jobs.
Chair Kaui: That is good to hear. Any more questions for Andrew
Commissioners.
Ms. Yoshida: May be you do not know the answer and Matt needs to answer this
later. Because you were fortune enough to pick-up the last few hires under Covid
conditions, do you think post-Covid we are going to have a significant turnover
and will go back to having the same problem in the County Attorney’s office in
terms of hiring.
Mr. Michaels: I really do not know. I do not know what the job market is like out
there and I do not know how the job market will be affected and for how long as a
result of Covid. It would seem to me – I am kind of gland I am working for the
government now. I think there is a lot of private firms out there that I assume are
struggling because their clients are probably struggling. I just do not know and
would be speculating.
Ms. Yoshida: Okay. Thank you.
Mr. Michaels: No problem.
Page 20 of 24
Chair Kaui: Thank you Andrew for your presentation. Okay, Ellen what direction
should we go as far as – does anybody have any questions or directions on any
other item.
Mr. Kahawai: I have a question Chair or may be Ellen. What determines whether
a department has a deputy director? Because it looks like half of the departments,
have and have of the departments do not. Who decides that and where does the
Salary Commission comes in to deciding that if anything.
Ms. Ching: That is a good question. I would have to get back to you with that
information. However, when I look at the departments that have deputies it – my
guess would be if you were a larger department that you have a deputy. If I think
about the comments that we had from HR, HR is a relatively quote, unquote a new
Department and that’s why they are in the middle of standardizing and collectively
putting together different things where out of all of the other Departments. Now
they’re doing centralize payroll and data entry for the other Departments and
there’s still five (5) more departments out there. I think that is the remnants of
what was previously to the formation of an HR Department that you have each
department have their own payroll person. The largest division is payroll, in other
words, the more centralize and technology coming how it shakes out they certainly
are going to be a larger department then they were before because their payroll is
the largest section in their department right now.
Mr. Kahawai: Thank you.
Chair Kaui: Good question. Anybody else with questions, if not, Ellen do we
have to go into executive session.
Ms. Ching: No. You can continue the discussion about whether or not to make a
decision about a salary resolution for next year or I’m just going to assume from
the direction where we started is at the next meeting we will have four (4) more
Department Heads come to the meeting and present to you about their department
and organization chart etc.
Chair Kaui: Okay.
Mr. Bracken: I apologize for being late. This is Matt Bracken, I am on the call
now, and I could add anything.
Page 21 of 24
Chair Kaui: Any questions for Matt.
Ms. Yoshida: Matt, this is Laurie Yoshida. The question I had was the fact that
you folks are able to hire now; whether that is Covid related and whether you
expect post Covid you would end up having significant turnovers. We were told
that you folks are fully staffed now.
Mr. Bracken: We will be shortly. We have thirteen (13) attorney positions and the
last time I came to the Commission I had four (4) vacancies. We were, plague with
chronic vacancies and I would say that the filling of all of the positions are all
Covid related. I ran several ads on Link-in and got two (2) applicants and either of
them were licensed here. I ran the exact same ad three (3) months ago while Covid
was going on and I had twenty-five (25) applicants and I had to turn it off. Lots of
people on island were applying – local attorneys were applying which leads me to
believe that the law practices are shrinking a little bit. We have one attorney
starting next week and one attorney starting this week and the final position starts
on October 1. I have had postings on the UH website before and have never seen
an applicant straight out of law school apply and then Covid hit and from the last
graduating class I received many emails and had to contact the school and have
them take down the site. How long that remains I do not know, only time will tell.
Chair Kaui: Okay, thank you. It’s good to know that you’re fully staffed.
Ms. Ching: Chair, may be Matt can touch upon the salary resolution. I know that
the county attorney’s office has an impact on the resolution because it sets the
salaries for the attorney and the deputy attorneys.
Mr. Bracken: The salary resolution greatly affects my office more than others, my
office and the prosecutor’s office share the same impact. Justin had the same
problem as I did with chronic vacancies, but he’s fully staffed. Again. Covid
related.
Mr. Crowell: Matt the resolution we put in for your Department did not pass, do
you foresee coming to us again in the near future or this next budget session with
the same proposal or are you going to take that proposal off of the table for now.
Mr. Bracken: I appreciate you for considering my proposal. Timing was wrong
because when it hit Council’s floor it was right after Covid-19 hit and they were
notified that the County’s share of the trans-accommodation funds would be
shrinking which created a 15 million dollar short fall for the County. I spoke to the
Page 22 of 24
Councilmembers months before about my hiring problem but in the end it came
down to the budget. At this time, I don’t intend to ask for it again because our
budgets are not real budgets and I was told spend as little as you can.
Chair Kaui: Okay, thank you.
Mr. Ono: Matt, I was trying to link the total. As Ellen was mentioning a number
of the positions fall under our review so with thirteen (13) attorneys we h ave ten
(10) deputy county attorneys on your org chart and if you add a first deputy and
your position – I’m polling twelve (12) is it twelve (12) or thirteen (13)?
Mr. Bracken: It was twelve (12). The org. chart has not been updated. We
actually turned one of our civil service paralegal position into a part-time attorney
positon. So, its 12 attorneys and 1 part-time attorney for a total of thirteen (13).
Mr. Ono: So, the next org chart we will be looking at eleven (11) county
attorneys’ positions instead of the ten (10) right.
Mr. Bracken: That is correct.
Chair Kaui: Okay, thank you. Are there any more questions for Matt? I guess we
can look at our next step if we want to draft anything for council…any resolutions.
Any suggestions.
Ms. Ching: Chair, before we go further Janine Rapozo is still on the line and I
think she can address Commissioner Kahawai’s question about a deputy.
Chair Kaui: Okay. Janine, go ahead.
Ms. Rapozo: I heard the question about the deputy. Commissioner Kahawai, if
you look at all of the departments that have deputies those are charter departments.
Which means that the charter has establish these departments. The other so -called
departments that we have are actually agencies created either by ordinance or by
some other way. HR used to have a deputy back in Alan Tanigawa’s time, which
would have been in the 80’s or 90’s. I think that during that time under Mayor
Kusaka there was some financial difficulties so at that time he did not fill that
position and did away with his deputy. The only other one that is charter
department that doesn’t have a deputy is Liquor and I have to assume its because
of the size of Liquor they decided not to put a deputy. If you look at the other
Page 23 of 24
departments, they are not chartered like Economic c Development and
Transportation that’s why there is not deputy for those types of departments.
Mr. Kahawai: Thank you Janine. That is good information to know and it kind of
makes sense.
Chair Kaui: Thank you. Any other questions for Janine. With that said, do we
want to submit anything to the council in form of a resolution or do we want to
listen to the other departments then decide. What is your desire?
Ms. Yoshida: I would like to hear from the other departments because I do not
think I can make a recommendation without understanding them and the role that
they play and now knowing some of the things that Janine just shared in terms of
which ones have deputies. It would make it easier to group them if we do decide
to go that way. So, I would like to hear from all of the departments so we can a
better understanding of what the budget will look like next year in terms of the
kind of federal help the County might get through the state.
Chair Kaui: Okay, thank you Laurie.
Mr. Kahawai: I agree with Laurie.
Mr. Crowell: I agree as well.
Mr. Ono: Me too. I think it would be very helpful to hear from the other
departments as well.
Chair Kaui: I agree too. Okay, let us try to schedule our next meeting. Ellen if
you would be kind enough to contact the other departments and invite them to our
next meeting.
Ms. Ching: Will do.
Chair Kaui: I have something on my calendar for September 23.
Ms. Yoshida: We selected the fourth Wednesday.
Chair Kaui: Does September 23 work for everybody? Okay. Ellen, thank you for
setting all of that up, I appreciate it.
Page 24 of 24
Ms. Ching: Thank you to all of the Department and for HR for getting the
information together.
Chair Kaui: With no further business. Can I have a motion to adjourn?
Ms. Yoshida: So moved.
Mr. Kahawai: Second.
Chair Kaui: All those in favor of the motion, please signify by saying aye.
Opposed. Motion carries.
At 10:17 a.m., the meeting adjourned.
Submitted by:
_________________________
Mercedes Omo, Support Clerk
Approved as circulated on September 23, 2020
Approved as amended on:
_________________________
Trinette Kaui, Chair