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HomeMy WebLinkAbout2022_0301_CSC_Packet_Open.pdf CIVIL SERVICE COMMISSION V. PAMAI CANO, COMMISSIONER FELY FAULKNER, COMMISSIONER FRANCIS KAAWA, COMMISSIONER VONNELL RAMOS, COMMISSIONER JEFFREY IIDA , CHAIR BEVERLY GOTELLI, VICE CHAIR On November 29, 2021, Governor David Y. Ige issued an Emergency Proclamation, which continued the suspension of Hawai‘i Revised Statutes (HRS) Chapter 92, relating to Public Agency Meetings and Records (also known as the Sunshine Law) as it pertained to the COVID-19 Response. HRS Chapter 92 was suspended to the extent necessary to enable boards to conduct business in-person or through remote technology without any board members or members of the public physically present in the same location. In addition, on December 29, 2021, Governor Ige issued a proclamation suspending HRS 92-3.7 to suspend the requirement to have at least one meeting location that is open to the public. Meetings of the Civil Service Commission will be conducted as follows until further notice: • Meetings will be publicly noticed pursuant to HRS Chapter 92. • In-person meetings will be closed to the public to be consistent with social distancing practices. • Civil Service Commissioners, Department and/or Boards and Commission Staff, parties to agenda items, and resource individuals may appear via the Microsoft Teams remote technology. • If any major and insurmountable technical difficulties are encountered during the meetings, the Civil Service Commission will continue all matters and reconvene at the next scheduled Civil Service Commission Meeting. • Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the Civil Service Commission’s website upon completion and approval. Public Comments and Testimony: • Written testimony: The Civil Service Commission shall accept written testimony for any agenda item herein. Written testimony indicating 1) testifiers name, and if applicable, testifiers position/title and organization represented, 2) the agenda item that the testifier provided comment on, and 3) contact information (telephone number and email address), may be submitted to smuragin@kauai.gov or mailed to the Civil Service Commission, c/o Office of Boards and Commission, 4444 Rice Street, Suite 300, Lihue, Hawaii 96766. Written testimony received by the Civil Service Commission at least 24 hours prior to the meeting will be distributed to all Civil Service Commissioners prior to the meeting. Any testimony received after this time and up to the start of the meeting will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. Any late testimony received will be distributed to the to the members after the meeting is concluded. • Oral testimony will be taken during the public testimony portion of the meeting via Microsoft Teams remote technology platform. o It is recommended that anyone interested in providing oral testimony register at least 24 hours prior to the meeting by emailing smuragin@kauai.gov or call (808) 241-4919. Any request to register shall include 1) testifiers name, and if applicable, testifiers position/title and organization represented, and 2) the agenda item that the testifier provided comment on, and 3) contact information (telephone number and email address). o It shall be the responsibility of the testifier to join the meeting through the Microsoft Teams link provided on the posted agenda to provide their testimony. In addition, it shall be the responsibility of the testifier to ensure that the Microsoft Teams software is downloaded and operational prior to the meeting. o The testifier’s audio and video shall be disabled until it is their turn to testify. o Pursuant to HRS §92-3 of the Public Agency Meetings and Records statute, the boards shall afford all interested persons an opportunity to submit data, views, or arguments, in writing, on any agenda item. The board shall also afford all interested persons an opportunity to present oral testimony on any agenda item. o Individuals who did not register to testify shall be given an opportunity to speak on an agenda item following the registered speakers. o The Chair may limit all oral testimony during a commission meeting to 3 minutes, but such time limit shall not include pertinent responses by the speaker to questions posed by members of the Commission. The Chair may grant an additional 3 minutes to provide further testimony after all interested persons have had an opportunity to provide oral testimony. o If there are temporary technical glitches during your turn to testify, we may have to move on to the next person due to time constraints; we appreciate your understanding. SPECIAL ASSISTANCE IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS PLEASE CONTACT THE OFFICE OF BOARDS AND COMMISSIONS AT (808) 241-4917 OR ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATIVE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. PAGE 2 CIVIL SERVICE COMMISSION – March 1, 2022 REGULAR MONTHLY TELECONFERENCE MEETING NOTICE AND AGENDA Tuesday, March 1, 2022 3:00 p.m. or shortly thereafter Microsoft Teams VIDEO Click on the URL below or type the URL into your computer or smart phone https://bit.ly/34rlMYn Microsoft Teams AUDIO Phone: 1-469-848-0234, Conference ID: 598 561 540# This meeting will be held via Microsoft Teams remote technology platform. Members of the public are invited to join this meeting by calling the phone number above and when prompted enter the conference ID information or by clicking the URL or typing the URL into a computer or smart phone. You may testify during the meeting or submit written testimony in advance of the meeting via e-mail or mail. To avoid excessive noise/feedback, please mute your phone and unmute to testify. CALL TO ORDER IN OPEN SESSION (Open to the Public) ROLL CALL APPROVAL OF AGENDA PUBLIC COMMENTS AND TESTIMONY Individuals may orally testify on any agenda item at this time. APPROVAL OF MEETING MINUTES a) Open Session Minutes of January 4, 2022. b) Open Session Minutes of February 1, 2022. DIRECTOR OF HUMAN RESOURCES REPORT CSC 2022-05 January & February period, March 1, 2022 Meeting a) Collective Bargaining b) HRMS Project c) HR Trainings d) Update on Review and Revisions to Internal Policies and/or Procedures e) Litigation/Lawsuits/Settlements f) 100% Centralized Payroll System integration with new HRMS System- No Change from Past Report g) Discussion on Format of the Human Resources Director’s Monthly Report for 2022 h) Monthly Report from HR Divisions/Sections a. New Hires b. Administrative Services and Benefits PAGE 3 CIVIL SERVICE COMMISSION – March 1, 2022 c. Employee Development and Health Services d. Other e. HR Manager, Classification and Pay and Labor Relations f. Recruitment and Exam g. Payroll h. EEO/ADA COMMUNICATION CSC 2022-06 Memorandum received 01/12/22 from Managing Director Michael A. Dahilig regarding response to request consideration of rescission of new county employment policy requiring incoming employees to be vaccinated for COVID-19 dated 01/11/22. BUSINESS CSC 2022-07 Consider a motion for reconsideration on an action taken at the Commissions January 4, 2022, meeting for CSC 2022-04. CSC 2022-08 Discussion and possible action on the Director of Human Resources annual evaluation. (on-going) a) Review updated timeline b) Discussion and possible decision-making on other related matters CSC 2022-09 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 CSC 2022-10 Discussion and possible action on the Director of Human Resources Goals and Objectives (on-going) a) Review current goals and objectives, change goals, and add or delete goals. 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. ENTER INTO EXECUTIVE SESSION (Closed to the Public) Disconnect from Open Session and enter Executive Session CALL TO ORDER IN EXECUTIVE SESSION PAGE 4 CIVIL SERVICE COMMISSION – March 1, 2022 ROLL CALL APPROVAL OF MEETING MINUTES ES-07 Executive Session Minutes of January 4, 2022 Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5(a)(4), §92-9 (a)(1-4) and (b), the commission requests an Executive Session to approve or amend the executive session minutes of January 4, 2022, where consideration of matters affecting privacy will be involved and to consult with the Deputy Attorney General on issues pertaining to the Commission’s powers, duties, privileges, immunities, and/or liabilities of the Commission as they relate to this agenda item. ES-08 Executive Session Minutes of February 1, 2022 Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5(a)(4), §92-9 (a)(1-4) and (b), the commission requests an Executive Session to approve or amend the executive session minutes of February 1, 2022, where consideration of matters affecting privacy will be involved and to consult with the Deputy Attorney General on issues pertaining to the Commission’s powers, duties, privileges, immunities, and/or liabilities of the Commission as they relate to this agenda item. BUSINESS ES-09 – RFA 2021-02 To continue discussions on the Appeal filed March 18, 2021, against the action of the Director of Human Resources. Pursuant to Hawai‘i Revised Statutes §92-4, §92-5(a)(4) and §76-47 (e), the commission requests an Executive Session to consult with the Deputy Attorney General on the evidence presented at the hearing and discuss the commissions process to rule on the appeal if the commission finds that the director violated any applicable civil service rule, regulation, law or policy; or if the commission finds that the director did not violate any applicable civil service rule, regulation, law or policy and discussion and possible decision making on other related matters. This discussion and consultation may involve matters affecting privacy and consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission as they relate to this agenda item. ENTER INTO OPEN SESSION CALL TO ORDER IN OPEN SESSION (Open to the Public) ROLL CALL PAGE 5 CIVIL SERVICE COMMISSION – March 1, 2022 RATIFY ACTIONS Ratify the actions taken by the Civil Service Commission in executive session ES-07, ES-08 and ES-09. ANNOUNCEMENTS: Next Scheduled Meeting: Tuesday, April 5, 2022 – 3:00 p.m. Microsoft Teams Teleconference ADJOURNMENT NOTICE OF 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. cc: Deputy Attorney General Henry Kim cc: Deputy County Attorney Mark Ishmael cc: Director of Human Resources Annette Anderson 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. Civil Service Commission Open Session January 4, 2022 Page 2 SUBJECT DISCUSSION ACTION Business CSC 2021-31 Annual selection of a chairperson for calendar year 2022. a) Nominate a commissioner to serve as chair 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 Chair Iida called the Open Session meeting back to order at 3:22 p.m. and requested a roll call. Civil Service Commission Open Session January 4, 2022 Page 3 SUBJECT DISCUSSION ACTION Open Session/ Roll Call Commission Support Clerk Sandra Muragin verified attendance and requested a verbal 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. Civil Service Commission Open Session January 4, 2022 Page 4 SUBJECT DISCUSSION ACTION Chair Iida opened the floor for the public to orally testify and requested Ms. Muragin start with the list of registered testifiers. 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 Civil Service Commission Open Session January 4, 2022 Page 5 SUBJECT DISCUSSION ACTION 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 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. Civil Service Commission Open Session January 4, 2022 Page 6 SUBJECT DISCUSSION ACTION **As a side note since the meeting ended, I received three more request to submit testimony. 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 Civil Service Commission Open Session January 4, 2022 Page 7 SUBJECT DISCUSSION ACTION d. HR Manager, Classification and Pay and Labor Relations e. Recruitment and Exam 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 Civil Service Commission Open Session January 4, 2022 Page 8 SUBJECT DISCUSSION ACTION b) Discussion and possible decision-making on other related matters 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. 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 The commission then discussed the tight February schedule with an appeal hearing and annual 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 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. Civil Service Commission Open Session January 4, 2022 Page 10 SUBJECT DISCUSSION ACTION The commission and staff, 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 Civil Service Commission Open Session January 4, 2022 Page 11 SUBJECT DISCUSSION ACTION needed to be discussed under an agendized item for evaluation. 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. ( ) Approved with amendments. See minutes of________meeting. COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Commission: CIVIL SERVICE COMMISSION Meeting Date: February 1, 2022 Location Microsoft Teams Teleconference Start of Meeting: 2:06 p.m. End of Meeting: 5:18 p.m. Present Chair Jeffrey Iida. Vice Chair Beverly Gotelli. Commissioners: V. Pamai Cano, Fely Faulkner, and Francis Kaawa. Deputy County Attorney Mark Ishmael (left at 2:14pm). Director Human Resources Annette Anderson (left at 5:05pm). Office of Boards and Commissions Staff: Administrator Ellen Ching (left at 2:14pm) and Commission Support Clerk Sandra Muragin. Excused Commissioner Vonnell Ramos. Absent SUBJECT DISCUSSION ACTION Commissioner Faulkner entered the meeting at 2:06 p.m. after resolving computer issues. Call To Order/ Roll Call Chair Iida called the Open Session meeting to order at 2:06 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 Kaawa replied here 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. Human Resources Director Anderson replied present and identified Deputy County Attorney Hugo Cabrera in the same room. Administrator Ching replied present and alone. Support Clerk Muragin replied present and alone. Quorum was established with five commissioners present. Approval of Agenda Vice Chair Gotelli moved to approve the agenda, as presented. Ms. Cano seconded Civil Service Commission Open Session February 1, 2022 Page 2 SUBJECT DISCUSSION ACTION the motion. Motion carried 5:0. Public Comments and Testimony Ms. Muragin reported receipt of two written testimonies. Councilmember Felicia Cowden testified that as the committee member for public safety she asked the commission to not approve, but defer the January 4, 2022, open session meeting minutes. She said the concerns of the people were overlooked and it would be wise and judicious to include the testimonies. She said the group was suing Governor David Ige and it would go to the Hawai‘i Supreme Court with the intention of it moving up to the U.S. Supreme Court. She asked that they defer approval of the January 4, 2022, open session meeting minutes. Chair Iida asked if anyone else wanted to testify. Hearing none he moved on to the next agenda item. Executive Session Chair Iida asked for a motion to enter appeal hearing executive session. Ms. Ching read the Appeal Hearing and Hawaii Revised Statutes to move the meeting into Executive Session. Pursuant to Hawai‘i Revised Statutes §76-14 the Merit Appeals Board shall decide appeals from any action under Chapter 76. Pursuant to §76-47, a jurisdiction may continue to use its Civil Service Commission or Appeals Board, with or without modification, as its Merit Appeals Board to assume all of the functions and responsibilities under section §76-14. Pursuant to Hawai‘i Revised Statutes §92-6(a)(2)(D), when the Civil Service Commission is exercising its adjudicatory functions, the appeal hearing may be closed to the public. 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 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). Discussion held in Executive Session are closed to the public. Ms. Faulkner moved to enter Civil Service Commission Open Session February 1, 2022 Page 3 SUBJECT DISCUSSION ACTION Appeal Hearing Executive Session. Vice Chair Gotelli seconded the motion. Motion carried 5:0. The commission and staff, disconnected from open session at 2:14 p.m. and connected into appeal hearing executive session. Call To Order in Open Session/ Roll Call Chair Iida called the Open Session meeting back to order at 5:09 p.m. and requested a roll call. Commission Support Clerk Sandra Muragin verified attendance and requested a verbal 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. Vice Chair Gotelli replied present and alone. Chair Iida replied present and alone. Commission Support Clerk Muragin replied present and alone. Quorum was established with five commissioners present. Ratify Actions Ratify actions taken in executive session for ES-03, ES-04 and ES-05. Ms. Faulkner moved to ratify actions taken in executive session for ES-03. Ms. Cano seconded the motion. Motion carried 5:0. Approval of Meeting Minutes a) Open Session Minutes of January 4, 2022. Vice Chair Gotelli moved to defer approval of the Open Session Minutes of January 4, 2022. Mr. Kaawa seconded the motion. Motion carried 5:0. Civil Service Commission Open Session February 1, 2022 Page 4 SUBJECT DISCUSSION ACTION Announcements Next Meeting: Tuesday, March 1, 2022 – 3:00 p.m., Microsoft Teams Teleconference The commission discussed available dates to continue the appeal hearing meeting and decided a first choice of Wednesday, February 23 and second choice of Tuesday, February 22. Ms. Muragin stated she would confirm the dates with the two parties and notify the commissioners by email. Adjournment Chair Iida asked for a motion to adjourn. Ms. Faulkner moved to adjourn the meeting. Vice Chair Gotelli seconded the motion. Motion carried 5:0. Chair Iida adjourned the meeting at 5:18 p.m. Submitted by: ________________________________________ Reviewed and Approved by: _________________________________________ Sandra Muragin, Commission Support Clerk Jeffrey Iida, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of________meeting.