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HomeMy WebLinkAbout2022_0104_CSC_Minutes_Open_ApprvTest_Redacted.pdf COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Commission: CIVIL SERVICE COMMISSION Meeting Date: January 4, 2022 Location Teleconference via Microsoft Teams Start of Meeting: 3:00 p.m. End of Meeting: 4:53 p.m. Present Vice Chair Beverly Gotelli. Commissioners: V. Pamai Cano, Fely Faulkner, Jeffrey Iida, Francis Kaawa and Vonnell Ramos. Deputy County Attorney Mark Ishmael. Director Human Resources Annette Anderson (left at 4:19pm). Office of Boards and Commissions Staff: Administrator Ellen Ching and Commission Support Clerk Sandra Muragin. Excused Absent SUBJECT DISCUSSION ACTION Prior to the meeting being called to order, Administrative Assistant to the County Clerk Eddie Topenio administered the Oath of Office to Mayoral Appointee Commissioner Jeffrey Iida serving a partial term ending 12/31/23. Call To Order/ Roll Call Chair Pro Tem Gotelli called the Open Session meeting to order at 3:00 p.m. and requested a roll call. Commission Support Clerk Sandra Muragin verified attendance and requested a verbal response of present or here and to identify if anyone was present with them at their location during the meeting; Commissioner Cano replied present and alone. Commissioner Faulkner present and alone. Commissioner Iida replied here and alone. Commissioner Kaawa replied here and alone. Commissioner Ramos replied present and alone. Vice Chair Gotelli replied present and alone. Deputy County Attorney Ishmael replied present and alone. Human Resources Director Anderson replied present and alone. Administrator Ching replied present and alone. Support Clerk Muragin replied present and alone. Quorum was established with six commissioners present. Business CSC 2021-31 Annual selection of a chairperson for calendar year 2022. a) Nominate a commissioner to serve as chair Civil Service Commission Open Session January 4, 2022 Page 2 SUBJECT DISCUSSION ACTION Chair Pro Tem Gotelli opened the floor for nominations. Chair Pro Tem Gotelli asked if there were any other nominations; hearing none she asked for a roll call vote. Vice Chair Gotelli congratulated Chair Jeffrey Iida and turned the meeting over. Chair Iida announced that the commission would now enter executive session. Ms. Faulkner nominated Jeffrey Iida to serve as Chair for the Civil Service Commission for calendar year 2022. Ms. Cano seconded the motion. Roll Call Vote: 6-Ayes 0-Nays. Motion carried 6:0. Executive Session Chair Iida asked for a motion to enter executive session. Ms. Ching read the Hawaii Revised Statutes to move the meeting into Executive Session. Pursuant to Hawai‘i 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). Discussions held in Executive Session are closed to the public. Ms. Ching announced that the commission would enter executive session and it could take up to 30 minutes. Vice Chair Gotelli moved to enter Executive Session. Ms. Cano seconded the motion. Roll Call Vote: 6-Ayes 0-Nays. Motion carried 6:0. The commission and staff, disconnected from open session at 3:05 p.m. and connected into executive session. Call To Order in Open Session/ Roll Call Chair Iida called the Open Session meeting back to order at 3:22 p.m. and requested a roll call. Commission Support Clerk Sandra Muragin verified attendance and requested a verbal Civil Service Commission Open Session January 4, 2022 Page 3 SUBJECT DISCUSSION ACTION response of present or here and for the record to announce and identify if anyone was present with them at their location during the meeting; Commissioner Cano replied present and alone. Commissioner Faulkner replied present and alone. Commissioner Kaawa replied present and alone. Commissioner Ramos replied present and alone. Vice Chair Gotelli replied present and alone. Chair Iida replied present and alone. Deputy County Attorney Ishmael replied present and alone Director HR Anderson replied present and alone. Administrator Ching replied present and alone. Commission Support Clerk Muragin replied present and alone. Quorum was established with six commissioners present. Public Comments and Testimony Chair Iida announced the commission approved to change the order of the agenda and moved CSC 2022-02 up first on the agenda to accommodate the requests for public testimony. Communication CSC 2022-02 Memorandum received 12/02/21 from Councilmember Felicia Cowden, request for consideration of rescission of new county employment policy regarding incoming employees to be vaccinated for COVID-19 dated 11/30/21. a) Commission to take-action on the request to rescind the new employment vaccination policy Chair Iida explained the civil service commission under the county charter did not have the power to make, change or eliminate a policy. Chair Iida requested Director of Human Resources Anderson address the topic before opening the floor for public testimony. Ms. Anderson stated it was her understanding that the Mayor’s Office Administration was in the process of responding to Councilmember Cowden’s memo and once completed it would be shared. Chair Iida opened the floor for the public to orally testify and requested Ms. Muragin start with the list of registered testifiers. Civil Service Commission Open Session January 4, 2022 Page 4 SUBJECT DISCUSSION ACTION The testifiers were given a three-minute time limit. Of the 16 registered by 2:00 p.m. on the day of the meeting, six submitted written testimony (documents on file), seven orally testified, one could not testify due to audio problems, two emailed that they would not be able to attend the meeting and one unidentified male left a voice message with no contact information. All 16 registered by 2:00 p.m. were opposed and requested to rescind the new county employment policy regarding incoming employees to be vaccinated for COVID-19. Felica Cowden testified her request to rescind the new county employment policy regarding incoming employees to be vaccinated for COVID-19. She said applicants that applied for county positions after going through a lengthy process and qualified were hurt and experienced hardship once they were told they needed to be vaccinated before they could be hired. She stated unfavorable conditions for males that were caused by the vaccine. She stated mandating the vaccination did not stop the spread of the virus, was discriminatory and lawsuits have already been filed. Chanel Josiah testified in support of Councilmember Cowden’s request to rescind the new county employment policy regarding incoming employees to be vaccinated for COVID-19. The government stated the vaccine would only reduce symptoms and would not prevent the transmission of the virus. She stated government rules, CDC guidelines and the vaccinated and unvaccinated was creating segregation and the vaccine was being politicized. Carmen Lyman testified her job was to translates internal medical documents for Big Pharma and has come across many adverse reaction reports from doctors that were caused by the vaccine. She stated unfavorable conditions to those that took the vaccine. People should have the right to vaccine or not and the county and commission should not mandate vaccination. Noelani Naumu testified her child was born healthy but after being vaccinated nearly died, became autistic, and developed other lifelong medical complications that now require fulltime care. Vaccines are Russian roulette, and she hoped her testimony would keep this from happening to others. She stated the mandate policy was unconstitutional and supports Civil Service Commission Open Session January 4, 2022 Page 5 SUBJECT DISCUSSION ACTION Councilmember Cowden’s request to rescind the new county employment policy regarding incoming employees to be vaccinated for COVID-19. Camas Cook attempted to testify but her audio was not working. Noveau Naumu testified he was a teacher on leave of absence because of the State of Hawai‘i’s testing mandate. He stated the mandate did not protect because vaccinated or not you could still contact COVID, but the policy placed people in a position to take the vaccine due to pressure. Does not support due to the possible bodily harm and no one should be forced. Against the county’s employment policy regarding incoming employees to be vaccinated for COVID-19. Steven Kaui testified opposed to the new county employment policy regarding incoming employees to be vaccinated for COVID-19. Questioned the makers of the policy. He read sections of the policy and disagreed with the enforcement of vaccination being part of the hiring policy. Read portions of the 14th amendment and stated the vaccine mandate was unconstitutional. Christopher Lyden testified he was a retired chiropractic doctor that studied vaccine for 30- years. The policy mandating vaccination was unfair hiring practice. He quoted through numerous rules, articles and stated a list of permanent irreversible bodily harm developed after being vaccinated. He stated it was unconstitutional and a violation of civil rights. Katie Johnson attempted to testify but her audio was intermittent and inaudible. Ms. Muragin announced all names registered that did not orally testify multiple times with no response and asked if there was anyone else who did not register that wanted to testify. With no response, she announced that written testimony could be emailed if anyone was unable to testify at today’s meeting. **As a side note since the meeting ended, I received three more request to submit testimony. Civil Service Commission Open Session January 4, 2022 Page 6 SUBJECT DISCUSSION ACTION Of the three, two submitted written testimony (documents on file) and I have yet to receive a testimony from one that left a voice message. The two were also opposed and requested to rescind the new county employment policy regarding incoming employees to be vaccinated for COVID-19 and the one that left a voice message did not indicate its preference. With no further public testimony, Chair Iida thanked everyone and reiterated that the commission did not make policies for the employees per the county charter and moved on to the next agenda item. Approval of Meeting Minutes A. Open Session Minutes of December 7, 2021 Vice Chair Gotelli moved to approve the Open Session minutes of December 7, 2021, as circulated. Mr. Ramos seconded the motion. Motion carried 6:0. Director of Human Resources Report CSC 2022-01 December 2021 period, January 4, 2022, meeting. a) Collective Bargaining-no change from December meeting report b) HRMS Project-no change from December meeting report c) HR Trainings-no change from December meeting report d) Update on Review and Revisions to Internal Policies and/or Procedures-no change from December meeting report e) Litigation/Lawsuits/Settlements-no change from December meeting report f) 100% Centralized Payroll System integration with new HRMS System-no change from December meeting report g) Discussion on the Format of the Human Resources Director’s Monthly Reports for 2022. h) Monthly Report from HR Divisions/Sections a. Administrative Services and Benefits b. Employee Development and Health Services c. Other d. HR Manager, Classification and Pay and Labor Relations e. Recruitment and Exam Civil Service Commission Open Session January 4, 2022 Page 7 SUBJECT DISCUSSION ACTION f. Payroll g. EEO/ADA Director of Human Resources Annette Anderson reviewed the December 2021 period, January 4, 2022, meeting report. (Documents on file) Ms. Anderson reported that since there was only seven working days from the last report, due to multiple holidays, there were no updates or changes except for the discussion on the format of the monthly reports. She asked the commission to consider if the additional information provided in the report was helpful or if there were suggestions or recommendations to make it relevant. She noted that it took seven hours for staff to update the additional data. The commission did not have any questions or clarification on Ms. Anderson’s report. Ms. Ching stated that the commission did not receive or accept CSC 2022-02 and requested the commission form a motion before proceeding to the next agenda item. Ms. Gotelli moved to accept the memorandum received 12/02/21 from Councilmember Felicia Cowden, request for consideration of rescission of new county employment policy regarding incoming employees to be vaccinated for COVID-19 dated 11/30/21. Ms. Faulkner seconded the motion. Motion carried 6:0. Business CSC 2022-03 Director of Human Resources Goals and Objectives for evaluation period February 16, 2021 to February 15, 2022 (on-going) a) Review updated report b) Discussion and possible decision-making on other related matters Civil Service Commission Open Session January 4, 2022 Page 8 SUBJECT DISCUSSION ACTION Chair Iida asked if this agenda item was discussed at the previous meeting. Vice Chair Gotelli replied that the DHR and clerk Muragin work together to update the information. Vice Chair Gotelli moved to accept the Director of Human Resources Goals and Objectives for evaluation period February 16, 2021 to February 15, 2022, as presented. Mr. Faulkner seconded the motion. Motion carried 6:0. CSC 2022-04 Discussion on establishing goals and objectives for the evaluation of the Director of Human Resources for period February 16, 2022 to February 15, 2023 (on-going). Chair Iida asked if this agenda item was also discussed at the previous meeting. Ms. Muragin replied that it was not but placed on the agenda knowing that the evaluation would be completed next month and wasn’t sure if the commission wanted to reestablish new goals or work with DHR Anderson on new goals. Vice Chair Gotelli commented that it would be prudent for the commission to wait until after the evaluation was completed and then assess the process at the April 5, meeting. She said they could revise or keep the same goals. Chair Iida asked for a motion to defer. Vice Chair Gotelli felt they needed to experience the evaluation process first before they could recommend improvements, or changes to the process and evaluation forms. Ms. Cano expressed concern that the DHR would be without goals for two months and preferred it be discussed in March. Mr. Kaawa agreed with Ms. Cano. The commission then discussed the tight February schedule with an appeal hearing and annual Vice Chair Gotelli moved to defer discussion on establishing goals and objectives for the evaluation of the Director of Human Resources for period February 16, 2022 to February 15, 2023, until the April 5, 2022, meeting. Ms. Faulkner seconded the motion. Civil Service Commission Open Session January 4, 2022 Page 9 SUBJECT DISCUSSION ACTION evaluation period. Ms. Ching summarized the commissions discussion and stated that since the commission deferred discussion on new goals until the April 5, meeting she gave the following options for the commission to consider; • The commission could extend the current goals and objectives to the April 5, 2022, meeting • The commission could extend the current goals and objectives until new goals were adopted Chair Iida called for a roll call vote. With no further discussion, Chair Iida requested Ms. Ching read the executive session. Roll Call Vote: 5-Ayes 1-Nay (Cano). Motion carried 5:1 Vice Chair Gotelli moved to extend the director’s evaluation period from February 16, 2021 to April 5, 2022. Ms. Cano seconded the motion. Roll Call Vote: 6-Aye 0-Nay. Motion carried 6:0. Executive Session Ms. Ching read the Hawaii Revised Statutes to move the meeting into Executive Session. Pursuant to Hawai‘i 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). Discussions held in Executive Session are closed to the public. Ms. Faulkner moved to enter Executive Session. Vice Chair Gotelli seconded the motion. Motion carried 6:0. The commission and staff, Civil Service Commission Open Session January 4, 2022 Page 10 SUBJECT DISCUSSION ACTION disconnected from open session at 4:19 p.m. and connected into executive session. Call To Order in Open Session/ Roll Call Chair Iida called the Open Session meeting to order at 4:46 p.m. and requested a roll call. Commission Support Clerk Sandra Muragin verified attendance and requested a verbal response of present or here and to identify if anyone was present with them at their location during the meeting; Commissioner Cano replied present and alone. Commissioner Faulkner replied present and alone. Commissioner Kaawa replied present and alone. Commissioner Ramos replied present and alone. Vice Chair Gotelli replied present and alone. Chair Iida replied present and alone. Administrator Ching replied present and alone. Commission Support Clerk Muragin replied present and alone. Quorum was established with six commissioners present. Ratify Actions Ratify actions taken by the Civil Service Commission in executive session for agenda items: ES-01 and ES-02. Vice Chair Gotelli moved to ratify actions taken in Executive Session for ES-01 and ES-02. Ms. Faulkner seconded the motion. Motion carried 6:0. Announcements Next Meeting: Tuesday, February 1, 2022 – 2:00 p.m., Microsoft Teams Teleconference Vice Chair Gotelli inquired how they would receive the annual evaluation form to complete. Ms. Muragin replied that the form would be emailed to the commissioners along with an updated timeline. The commission began to discuss the annual DHR evaluation until Ms. Ching interrupted and stated that due to Sunshine Law the discussion could not continue under announcements. It needed to be discussed under an agendized item for evaluation. Civil Service Commission Open Session January 4, 2022 Page 11 SUBJECT DISCUSSION ACTION Adjournment Chair Iida asked for a motion to adjourn. Ms. Faulkner moved to adjourn the meeting. Mr. Ramos seconded the motion. Motion carried 6:0. Chair Iida adjourned the meeting at 4:53 p.m. Submitted by: ________________________________________ Reviewed and Approved by: _________________________________________ Sandra Muragin, Commission Support Clerk Jeffrey Iida, Chair ( ) Approved as circulated. ( X ) Approved with amendments. See minutes of 03/01/22 meeting. From:R Jauch To:Sandra Muragin Subject:Fwd: Date:Monday, January 03, 2022 6:32:24 PM CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Get Outlook for iOS From: R Jauch Sent: Monday, January 3, 2022 6:21 PM To: R Jauch Subject: Re: CSC 2022-02 Report Number: 18-01 Life, Liberty and the Pursuit of Happiness The constitutionality of “mandating” a genetic therapy injection as terms of employment is being challenged in many courts. The risk of taking the gene modification injection vs. the original 2020 statistic of a 99.9 percent recovery rate should not be a choice any individual should be forced to make in order to earn a living. I am not a constitutional lawyer but I do know how negatively this has impacted our community. One particular case that comes to mind involves the firing of a father and sole provider for his family with a vaccine injured child who requires round the clock care. He was employed by the public school system in Lihue at Cheifess Middle School. I’m sure there are many other similar situations. Skilled professionals in law enforcement, health care etc. were once frontline “essential workers” now their livelihoods are on the line if they do not comply. I am less concerned about Covid than I am about the loss of civil rights in this country. Dr. Robert Malone, renown authority in the field of mRNA has spoken up continuously about the cytotoxicity, well documented vaccine injuries and deaths related to this gene therapy. See attachment: VAERS data Many other experts on the subject in related fields have voiced their world wide opposition on the efficacy, immediate dangers and long term unknown injuries. There are more than enough significant concerns for anyone that has done any amount of research and not just accepted the cursory “safe and effective” propaganda to warrant not consenting to the mandates, which are not laws. There are no clinical studies, and the manufacturers have NO LIABILITIES attached to their product. See attachment. It is a growing concern that not only should all mandates be rescinded but that the current Covid gene therapies should be banned world wide. Be well, Rosemarie Jauch For Our Rights a non-profit organization P.O. Box 1633 Kapa’a, Hi. 96746 www.forourrights.org January 3, 2022 To: Beth Tokioka, Chair and members of the Civil Service Commission RE: TESTIMONY IN SUPPORT OF ITEM CSC 2022-02 UNDER “COMMUNICATION”: Memorandum received 12/02/21 from Councilmember Felicia Cowden, request for consideration of rescission of new county employment policy regarding incoming employees to be vaccinated for COVID-19 dated 11/30/21. Dear Madam Chair and Commission, As an organization dedicated to protecting civil liberties we write this letter to urge you and the commission to consider the implications in maintaining a policy which demands all new hires be vaccinated for COVID-19 in order to obtain employment by the county of Kaua’i. Councilmember Felicia Cowden has presented some very pertinent concerns about this policy as laid out in the above referenced memorandum, such as the fact that such a policy is discriminatory and places the county at risk of liability for civil lawsuits. As we gather more scientific data regarding the ineffectiveness of the COVID-19 vaccine in preventing transmission and illness, it becomes increasingly clear that vaccine mandates are arbitrary in nature and seem to be driven by political ideology over logic and science. Whatever the driving forces may be it cannot be denied that such a policy - seriously lacking in provisions to protect civil liberties - must be reconsidered. Not just to ensure equal employment opportunity but to safeguard the county from liability. Several lawsuits have already been brought resulting in exemptions from vaccine mandates based on prior infection of COVID-19 being that natural immunity has proven to be just as effective or rather even more effective than vaccination.On august 17, 2021, George Mason University granted a medical exemption for natural immunity to a law professor who sued after the school issued its vaccine requirement to work and live on campus. In Los Angeles, six police officers have sued the city, claiming they have natural immunity. The Hawai’i lawsuit filed by attorney Michael Green last year was critical in moving the city and county of Honolulu to recognize the first responders right to a religious exemption. For as long as sweeping vaccine mandates persist there will be ensuing litigation due to the overly broad assumption that every single person can and will take the vaccine. This leaves no room for medical exemptions, religious exemptions or conscientious objection and opens the doors to discrimination and segregation. Proof of vaccination as a requirement for employment does not ensure that those joining the workforce will be free of COVID-19. It creates a reward for compliance but no common sense or logic in doing so. We strongly support Councilmember Felicia Cowden’s request to rescind this policy and hope that you will at the very least consider provisions to protect religious and medical rights. Feel free to contact me for further information at levana@forourrights.org. Best Regards, Levana Lomma CEO & President From:Katie Johnson To:Sandra Muragin Subject:Testimony CSC 2022-02 Date:Monday, January 03, 2022 9:22:43 PM CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear Civil Service Commision members, Thank you for this opportunity to testify. My name is Kathryn Johnson and I am a twenty-year resident of the County of Kauai. I am writing to express my strong support of agenda item CSC 2022- 02 and to humbly request that you rescind the new County employment policy that requires incoming employees to be vaccinated for Covid-19. I believe this new County employment policy to be medically unsound, discriminatory and fraught with potential liability. Prior to any medical intervention, an individual risk/benefit analysis needs to be done as there is absolutely no medical intervention that is safe for all. For an individual, the decision to vaccinate needs to be a private decision made between that individual and their medical provider and must be made for medical reasons based on that individual's risk/benefit analysis based on their own medical history. It is clear that there is still much to be learned about the short term and long-term risks and benefits to these vaccines. I am greatly concerned that the County is either not aware of or choosing to overlook that a subset of individuals, with medical profiles yet to be fully understood, are being and will be harmed by these vaccines. By mandating these vaccines for all new hires, the County is interjecting themselves into the sanctity of the patient/physician relationship and potentially opening themselves up to grave liability should applicants/workers be injured, as they are making medical requirements without the appropriate training or licensing. This is serious governmental overreach and should be a concern to all. I am additionally concerned that by placing these mandates on all new potential hires, the County is further limiting its applicant pool. It has long been a concern that the County of Kauai has difficulty attracting the professionals needed for the County to run efficiently and effectively. By creating this significant additional obstacle, we can expect even greater difficulty in attracting qualified professionals. Furthermore, the County's administrative decision to limit governmental participation to only those who have received an emergency authorized medical product has clear Constitutional concerns and should be addressed by Report #18-01 auditing the County's hiring practices, as this policy institutionalizes discriminatory hiring practices. Additionally, I imagine this County policy, implemented without Council input, will likely be met with many legal challenges and may incur sizeable costs, which is certainly of concern to its constituents. Lastly, I am very concerned that this policy has not already been rescinded when, with the advent of the Omicron variant, it should be abundantly clear to all that the Covid-19 vaccines do not guarantee protection from becoming infected with symptomatic disease or transmitting the illness to others. Covid 19 has become an equal opportunity infection. This can be clearly seen in the NFL, the NBA, the NHL, at many colleges/universities and multiple cruise ships, all with vaccine mandates, all reporting concerning numbers of infections and all cancelling games/classes/ports of call. Anecdotally speaking, I know that in my own family, we have had eight adults (all triple vaccinated) and one child (fully vaccinated as he was ineligible for a booster at the time) in 3 states and 4 separate bubbles all become infected with Covid 19 in the past six weeks. These family members exercised all precautions, including greatly limiting social interactions even with their fully vaccinated friends and extended family, and yet they all became infected and had varying degrees of illness. Some governmental officials report that being boosted reduces symptomology and may add an additional layer of protection against serious illness. However, anyone following Lt. Gov Josh Green's reports can see that a not insignificant portion of Hawaii hospitalizations are fully vaccinated individuals. Regardless, it is clear that the Covid-19 vaccines offer only personal protection at best, and therefore, the vaccination status of an employee, coworker or any other individual should not be of any concern to the County, instead vaccination should be a personal medical decision, like all other medical decisions and should be treated as protected medical information. Thank you for your time and attention to this important matter. I appreciate you hearing my testimony in strong support of CSC 2022-02. Mahalo nui loa, Kathryn Johnson From:Shyla M To:Sandra Muragin Cc:Mayor; Dee Morikawa Subject:Lift the mandates Date:Tuesday, January 04, 2022 6:19:59 AM CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Civil Service Commission, This is a letter to support ALL efforts to lift mandatory vaccinations and testing to KEEP a current job or to GET a new job. I personally know of someone who was hired by the County of Kauai and she wasn’t told she had to be vaccinated until she already was hired and quit her other job. This is horrible employment standards that need to stop. The morale of our first responders are LOW, we are friends with many, I also encounter them in my work, and these people work hard to protect our island they don’t deserve forced vaccinations and testing every week. All employees morale is low, look around you it’s all fake smiles under that masks; we lost our Aloha when it was taken away from us by illogical mandates. The amount of hours spent every week in those lines are wasted time these people could be spending on making their lives better. We must protect the pursuit of happiness now before more of our community are suicidal or leave the islands. The mass exodus out of our state is nothing like I’ve seen in my whole life. People born and raised here, some of them Hawaiian, just up and moved. We lost good residents. There’s been constant thoughts of moving my entire family unit and I’m born and raised 6th generations in Hawaii on both sides of my family. We hate living under conditions that make no sense. We in silence and obey the mandates only to keep our jobs and pay our bills. There’s no happiness in living like this. I urge you to listen to the constituents. This is all controlled by politics. It’s in your hands. Mahalo, Shyla Moon Kauai Republican Party District Chair 16 Sent from my iPhone From:steven kaui To:Sandra Muragin Subject:COMMUNICATION Date:Tuesday, January 04, 2022 2:07:54 PM CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. CSC 2022-02 Memorandum received 12/2/21 from Councilmember Felicia Cowden Aloha Commissioners: I mahalo Councilmember Felicia Cowden's courage and foresight bringing this issue to the forefront. I am opposed to or even the consideration of a NEW EMPLOYMENT POLICY regarding INCOMING employees being vaccinated for COVID-19 dated 11/30/21. I would like to know who is the author of this POLICY and the reasoning behind it. Apparently, the current employees are somewhat protected or have been required to be vaccinated. There are many reasons why you and I should be concerned about employment based upon a prerequisite of having to be VACCINATED as a major criteria. 1. Government overreach-policy versus qualification of an applicant. A person's career in government is limited by a policy that PROMOTES vaccination(objective) versus looking at the job itself. If current (County) employees are exempt from vaccination, why would this new policy be consistent with other careers in the marketplace that does not vaccinate prior to employment or part of employment. 2. A person's ability to avail(benefit) from our Constitutional rights 1st 4th 5th 14th amendments...Since the County of Kauai(whoever the author is) is enforcing a POLICY and not a law therefore any applicant for any job in the County must enter this door of VACCINATION in order to be hired. The criteria to hire someone for a position will be obscured since the single vaccination issue becomes paramount over shadowing the qualified person. I guess, submission to vaccination is the bar of employment. It is a very narrow doorway for a society that puts the US versus THEM mentality in full view. In summary, the 14th amendment states... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, WITHOUT due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. There is NO DUE PROCESS to any incoming qualified candidate for positions in this government UNLESS you submit to a SINGLE requirement of VACCINATION. Remember, we are talking about POLICIES. 3. To my knowledge, I don't believe anyone is required to take a flu shot conditional to employment ( we have been with fellow employees who have given us/you a cold or too through the years). My point, there will be no END to vaccination, just a BAD beginning. Here are some of the variants around today: -Covid-19 -Delta -Omicron -Beta -Delta AY 4.2 -Alpha These are just six variants, possibly more and if a person needs to follow-up with booster shots, you see the picture quite clearly... how VACCINATION will dominate pre-employment hiring. 4. This State of Hawaii and County sometimes operate as though one's constitutional rights are non existing. We must protect what we have in order to prevent the intrusion of policies imposed unnecessarily to all people. Today, the US Judge blocked the punishment of Navy Seals/Special Forces from mandate vaccination, US District Judge Reed O Connor issued a preliminary injunction blocking the navy and Defense Department from enforcing the mandate. There are so many court filings that are choking the court system's ability to find a reasonable pathway of normalcy and respectability one to the other. 5. Covid-19 Pandemic attempts to license our government/local officials to evade its responsibility and duty to uphold the laws for everyone by creating policies under the noble agenda of Health and community concern. We are all concerned about the welfare of others and the serious nature of any variant. In summary, everyone wants a safe and healthy society, however the world that we live in today transports people all over the world through air travel. The world is no longer unexplored... we must learn to live together and put our emphasis on what keeps us together then a part. THIS POLICY IS NOT WAY. Thank you, Steven Kaui From:Christopher Lyden To:Mayor; Council Members; Sandra Muragin Subject:Public Comments on Civil Service Comm. meeting , 1-4-22 Date:Wednesday, January 26, 2022 2:08:54 PM CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear Mayor Kawakami and County Council Members, In regards to the Civil Service Commission hearing of January 4th, 2022, I was one of the Kauai residents who took the time to address the Commission in Public testimony against the proposed policy change that would demand all applicants wishing to be employed by the County of Kauai would be required to be vaccinated to be considered for any position. I saw the proposed minutes of the January 4th meeting in the agenda packet awaiting approval and was shocked to find that my and others' verbal testimony, as well as all those who submitted written testimony, had been excluded from the minutes. The lack of any record of opposition testimony would appear to mean the Civil Service Commission did not keep any record of the public's comments in opposition to their proposal. If neither the written comments, not the verbal testimony was recorded, transcribed, or retained for review, I would not believe this was not a mere oversight. Omitting any record of public opposition would appear to invalidate any public involvement in the governmental process. Ignoring public input invalidates the process of responsive government. Where are the written comments of opposition? Where are the transcripts or recordings of the verbal testimony? Why are they not in the minutes of the meeting (as required)? Why are We, the People of Kauai being intentionally ignored? To eliminate any record of opposition is to arrogantly thumb your nose at the public who wants to be involved in the process of local governance. Since you, as Mayor and Council Members, did not get to see or hear the multiple people who publicly testified in opposition to the Commission's proposal, I am including a transcript below, of what I prepared and presented to the Commission, which has chosen to exclude from the official record. Should not the agencies of government be open to the opinions of the public, who they are supposed to be serving? My comments should be reviewed, as my clinical opinions are pertinent, and the legal ramifications of the proposal going forward could be financially devastating to our local government. My Public Testimony from Jan. 4, 2022: "I am Dr. Christopher Lyden, a longtime resident of Kauai. I am a retired Chiropractic Physician with post-doctoral education in Neurology. I am not a virologist, or epidemiologist, but since I treated many patients who had been neurologically injured by vaccines, I studied the benefits and risks of injuries associated with vaccines for over 30 years. The currently used Covid vaccines are not conventional vaccines, and are instead referred to as “gene-therapy medicinal products” by their pharmaceutical manufacturers. They are associated with hundreds of thousands of 'Adverse Events' (deleterious side effects) and over 20,000 deaths, according to the CDC's VAERS vaccine recording system. I would like give public testimony on Counsel member Cowden’s letter: CSC 2022-02, because I agree with the points she has made. The suggested changes to consider only ‘vaccinated applicants’ for County employment will create an unfair bias in hiring practices. Such a policy would be both medically unjustified and unlawful, based upon Federal Regulations and the Hawaii Revised Statutes. One of the world experts on vaccines is Dr. Robert Malone, the inventor of the mRNA technology utilized in the SARS CoV-2 vaccines. According to Dr. Malone, “the viral genes injected into your cells make toxic Spike Proteins [that] cause permanent damage in critical organs, including: The brain and nervous system The heart and blood vessels The reproductive system And this vaccine can trigger fundamental changes to the immune system This novel technology has not been adequately tested. Once these damages have occurred they are irreversible and irreparable.” (Dr. Robert Malone) The American Heart Assoc. journal Circulation (Abstr. 10712) states: Cardiac Risk increases by 225% after getting the Covid vaccine. Fully vaccinated adults under 60 are now dying at double the rate of unvaccinated adults of same age. There are also legal ramifications of your proposed policy changes: The NIH has stated (Aug. 18, 2020): “[You] have every Right to refuse a vaccine…If someone refuses a vaccine…then there’s nothing you can do about that. You cannot force someone to take a vaccine.” The US Supreme Court has recognized that a “forcible injection … into a non- consenting person's body represents a substantial interference with that person's liberty.” Washington v. Harper, 494 U.S. 210, 229. 21 C.F.R. Section 50.24 et seq. “…it is unlawful to conduct medical research (even in the case of emergency) without…informed consent free of coercion.” The act of injecting an experimental drug into an individual without their informed consent is a violation of their Human Rights, and the Nuremberg Codes, based on medical coercion. Under US Code 2331, subsection 802, any time a US citizen is forced to do something they might not otherwise wish to do, it is “coercion.” It is a felony, punishable by a 99 prison term, to coerce anyone in a population to accept a drug or medical procedure that they do not want to participate in. An ‘Experimental’ vaccine falls within this classification. Withholding something of value, including employment, based upon someone needing to comply with a demand is to unlawfully coerce them. This proposed policy would also violate: Hawaii Revised Statutes 489-3: Free and Equal Access to Public Accommodations Hawaii Constitution, Article 1, Section 4: Free exercise of religious expression without discrimination. Eg. If someone refuses a vaccination because it contains extracts of aborted human fetal cells (and they all do), their religious freedom has been denied them. Violation of the above is a felony. Hawaii Professions & Occupations Code 453-2: Practicing medicine without a license. To encourage, demand, or require a person to take any medicinal product is to practice medicine, and requires a medical license to do so. You have no authority to recommend, much less demand, that applicants participate in a drug trial. Particularly one in which there are recognized serious health risks, including permanent disability, and death. Discriminating against someone based on their medical condition, their medical history, disability, or personal religious views (which includes refusal to be injected with inoculations that contain aborted fetal tissue), is a clear violation of their Civli Rights. Let this serve as a Notice of Liability to each public official on this call: As a subsection of the County Government, the Civil Service Commission would be wise to realize that once you have been informed of these facts, you could possibly open yourselves to legal remedies in both your personal as well as professional capacity. Aggrieved persons who are denied employment based on discrimination for refusal to participate in an ongoing experimental drug trial, may be able to recover up to three times the actual damages from lost wages, including but not limited to injunctive relief, punitive damages, and reasonable attorney’s fees. Violating the Code of Federal Regulations and the US Codes mentioned above, would be committing felonies punishable with extended jail time and sizable fines." Thank you for reviewing the above. Dr. Christopher Lyden From:Leigh Hicks To:Sandra Muragin Subject:personal injury experience supporting rescission of vaccine mandate policy Date:Tuesday, January 04, 2022 1:44:43 PM CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To whom it may concern, I have been a special education teacher on Kauai since 2005, and when the vaccines rolled out for teachers I believed that I'd be protecting my students, family, and community from Covid by getting mine. At the time, I was very healthy and training for another trail ultramarathon. Health has always been a priority for our family, and I had no pre-existing conditions. Shortly after my second dose, I was diagnosed with bilateral pulmonary embolisms, right side heart failure, and acute gastritis. For many months I had ongoing tachycardia day and night. I later went to the Mayo Clinic, where I was diagnosed with an enlarged heart and autonomic neuropathy. My team of doctors there believed that there could have been no other cause except the vaccine. The vaccine had an unexpected and powerfully difficult long term result in my life. I strongly recommend against mandating vaccination as a prerequisite for work. Thank you, Leigh Hicks From:erin burt To:Sandra Muragin Subject:Fwd: Vaccine mandate for today’s meeting Date:Tuesday, January 04, 2022 2:20:53 PM CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. >> >> >> Aloha, >> >> I am writing in reference to report #18-01 on county of Kauai hiring practices. >> I am a concerned resident of Kauai and have lived here for over 20 years, please present this at today’s meeting. >> >> Raised in Alaska taught me the importance of independence, resilience and self reliance- it also taught me about Freedom. Alaska is wild, untamed territory and we want to keep it that way. Kauai used to be like Alaska, that’s why I loved it here, the freedom to find your own personal happiness. The freedom to travel, explore and without the constrictions of time or money, life was good on Kauai. Now the cost of a home surpasses my income to ever own one as a single parent, the employment opportunities have always been difficult but now it is worse than ever. Vaccine mandates for employment? For school? Is that coming next? It is now becoming more and more like communist China- day by day the media controlled narrative of fear and the lack of credible scientific data fail to be presented to the people of Kauai. There is no transparency and certainly no truth in the data, or lack there of. The department of health has refused to release important data about Covid and the residents affected by the “pandemic”. Where are the numbers? Let’s do the math - Why is that? The statistics that you base your “mandates” on aren’t made public and therefore must be “ inconclusive” so how could make mandatory vaccine mandates without the data? From CNN and NBC? Is that your source? Or is it the John Hopkins Hospital? Or the world Economic Forum? Weren’t all these corporations present at the 201 event in New York City in December of 2019? The coronavirus pandemic crisis committee lead by Bill Gates? That was 2019- check the date. >> >> This RNA Gene therapy they’re calling a vaccine is not a vaccine- it was given this term so that Pfizer and Moderna would then get immunity from any court claims for all deaths or side affects and be protected by the law, it’s not really a vaccine at all- it has never been done before in the history of mankind. Johnson and johnson is a traditional vaccine created with fetal cells from aborted babies from a cell line from 1973. The Pfizer and Moderna are experimental RNA/DNA gene therapy! For the first time in history the people are being forced to be part of a world wide genetic experiment. This is not Constitutional or humane. It’s offensive and downright criminal to impose such “mandates” on your fellow neighbors and especially children. How arrogant of the government to claim me or anyone as their property to inject anything into my body without my consent- there is no consent when we the people are denied employment or an education. These are fundamental rights in the United States of America! >> >> Has the state of Hawaii now claimed sovereignty to make up your own laws that violate the Constitutional rights of every citizen of the United States? If you claim to be the United States Of America, then you as leaders of a free nation should know that mandates that restrict the right for someone to provide basic necessities for their family is the most unconstitutional mandate ever implemented in recent history. Are we not a free country anymore? My body my choice- if you support that freedom then you surely should not force anything on anyone that could be potentially deadly or harmful- vaccine and RNA gene therapy side affects are frightening- The data is startling. The worst part is the Department of Health refuses to release the truth the citizens. 25 states just won a ruling that the mask and “ vaccine” mandates are unconstitutional and that no entity private or public is allowed to enforce these unconstitutional mandates or laws. This is why there is a mass exodus of people moving to states that will uphold our rights and not give into the pay offs from big pharmaceutical companies and political groups. >> >> I enrolled my children into a private school to avoid the mask mandates and Experimental RNA gene therapy propaganda they’re telling the children in state run schools- I wanted them to have normalcy, not the fear mongering and division of vaccinated Vs. the unvaccinated. That has become the biggest form of Racism in this country and mirrors the same tactics used in Nazi Germany. Segregation and Vaccine passports are no different than the Identification of Jews and Gypsys that IBM created for Hitler and the Nazi regime. Millions of people died, an American company tracking and tracing every Jew and gypsy for the enemy-This is exactly what is happening today with Covid tracing and tracking apps on cell phones being planted without knowledge of the people. The department of health came to the school and rearranged the desks at the school- we have had ample space between students for over a year and separate since the beginning, it is disruptive to the children and makes them question current authorities within the class and school. It’s a complete over reach and abuse of power. We have had two teachers fired or reprimanded for failure to cover the children’s faces In class at several schools- FORCING children to wear a mask all day is child abuse. >> >> The teachers are now being forced in the private sector to take Covid test weekly if they refuse to vaccinate creating a toxic work and learning environment. The chemical that the weekly tests are sterilized in is toxic- Ethylene Oxide is carcinogen and causes bone cancer - these people are being forced to do this weekly for years now. It’s criminal to impose such extreme measure when the data shows that the survival rate is 99% or greater, that children aren’t affected as severely from Covid, that the vaccine/ RNA gene therapy efficacy wanes greatly which requires several boosters, that other remedies have existed since the release of the virus, yet were recommended by WHO, NIH and the CDC not to use. >> >> How many deaths have occurred unnecessarily because of the horrific recommendation by Fauci, WHO, CDC and Bill Gates. The CDC website has proof that Ivermectin increased survival rate of Covid patients by 90% in their clinical trials, but doesn’t recommend anyone else using it in real life and death situations. It’s also in the list of essential medicines on the world health organization website and the scientist that discovered this has now saved millions of lives. Democratic news stations shame anyone that defends Ivermectins use, the proof that it saves lives is suppressed by news reports and medical personnel- that’s criminal. >> >> As leaders of this island, you should be doing the research to be knowledgeable of the very mandates and laws you support. all the evidence is available to prove that the RNA gene therapy is an experiment AND that it is not working- Isreal is on its fourth booster with the highest rates of Covid. If you care about the people of Hawaii or humanity, please do not make this mandatory for employment. It is difficult enough to make a living to support my family and for many other local residents that respect the right to freedom of choice. Many people will be forced to live in poverty, be denied an education or move to states that will uphold constitutional rights to freedom of choice. Kauai will be under the threat of more inoculations whenever the world economic forum feels it’s necessary to do so. Artificial intelligence, RNA/DNA editing via Crisper 9 technology and The “Great Reset” is to perpetuate their agenda of a tyrannical government that chooses what goes into your body for you- that’s unconstitutional. Aloha >> >> From:Fred Reyes To:Sandra Muragin Cc:Felicia Cowden Subject:Fred Reyes testimony on the CNC 2022-02 (?) agenda item submitted before NOON as promised Date:Wednesday, January 05, 2022 11:41:59 AM CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear Sandra, Dear Honorable Kauai County Civil Service Commission members, My name is Fred A. Reyes, 25-year Kauai resident. As of December 30, 2021 I retired from the State of Hawaii, DOT Highways Kauai District after 25 years of continuous service as a Licensed Civil Engineer. I might have stayed on as an Essential worker with unique job skills and DOT know-how in all things Engineering there – had I not been subjected to what I call DOT’s Medical Tyranny mandates affecting all State and County employees in mid-August 2021. I consulted with, and procured from my Pastor, my religious exemption letter from Both, so-called covid vaccination and weekly testing, at the same time I also submitted a 4-page Ethical/Medical exemption document signed by my personal Attorney. Many legal, ethical, medical, and Religious reasons were given as to WHY I make my own sovereign Choice to not get vaccinated, and not get tested every week. I was prohibited from coming into my Government office to work for Nearly 2 months. Many laws were broken by the State during this process, including the Nuremberg rights that came after the horrors of Involuntary medical procedures of Nazi Germany. Without a Doctor examining my body and formally pronouncing me Contagious and a danger to the community, I NEVER should have been stopped from working at my State office and my cubicle there. Soon after DOT Denied my religious exemption on the basis of an unsolicited phone “interrogation” lasting 15 minutes, I decided to seek Retirement option. Prior to retirement, I endured suffering loss of pay and threatened with Termination due to me refusing to get covid tested. The Inventor of the PCR test has publicly stated this test does not detect this specific virus, many millions of False Positive results have been recorded. Note that neither the denial letter nor the DOT Personnel officer’s “interview” addressed any of the many valid and serious points and concerns stated in my 2 Exemption letters. Instead, the denial letter was based on that one harassing phone call probing into my personal, private religious practices. I am Urging this Commission to cease and desist from adopting Discriminatory and Dangerous hiring practices such as Mandatory Covid vaccination prior to interviewing, or hiring new County employees. These Experimental vaccines have killed many thousands, if not Millions, of innocent people worldwide including many top-shape Athletes, although the mainstream Media never reports on these tragic Deaths. Millions of innocents that have taken this “Clot Shot” have not yet died yet from it but have suffered Permanent disability from it. Medical Freedom is everyone's God-given right and should NEVER be usurped by government who govern ONLY by the will of We the People – to PRESERVE out rights. COVID-19 is NOT a Pandemic when more than 99% that contract it survive it, and children have practically Zero deaths from it. Natural Immunity should be recognized Immediately as a valid reason not to be forced into vaccinating. Mask-wearing should also be Voluntary only! Lockdowns should be Avoided to keep our vital Economy going. Isolation and social distancing should also be abolished. INSTEAD, all of us should self-educate and get into a very Healthy diet, regular exercise, plenty of fresh air, and the taking of natural, healing therapeutics and supplements such as Ivermectin, Zinc, and Vitamins C & D. I am happy to share more should any Commission member wish to have an open honest dialog with me, or via email: