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COUNTY OF KAUAI
SALARY COMMISSION
4444 RICE STREET, PIIKOI BUILDING, SUITE 300
Līhu‘e, Hawai‘i 96766
DRAFT MINUTES OF THE COMMISSION’S FIRST TELECONFERENCE MEETING
JANUARY 19, 2022
______________________________________________________________________________
CALL TO ORDER
Chair Yoshida called the teleconference meeting to order on Wednesday, January 19, 2022, at
9:01 a.m.
ELECTION OF CHAIR AND VICE CHAIR FOR CALENDAR YEAR 2022
Chair Yoshida called for nominations for Chair and Vice Chair.
Commissioner Kenneth Rainforth moved to nominate Commissioner Patrick Ono for Chair.
Commissioner Trinette Kaui seconded. Hearing no objections. The motion carried 4:0 by
voice vote.
Commissioner Trinette Kaui moved to nominate Commissioner Laurie Yoshida for Vice Chair.
Commissioner Kenneth Rainforth seconded. Hearing no objections. The motion carried 4:0.
At this point of the meeting, Chair-elect Ono took over running the meeting.
ROLL CALL
Chair elect, Ono called for a roll call to ascertain quorum. Commissioners present at the
meeting : Chair-elect Patrick Ono, Vice Chair-elect Laurie Yoshida, Kenneth Rainforth and
Trinette Kaui.
Also, present was Boards and Commissions Administrator Ellen Ching, Support Clerk Mercedes
Omo, and Deputy County Attorney Andrew Michaels.
PUBLIC TESTIMONY
Chair-elect Ono asked if there were any remote testifiers wishing to provide testimony.
Hearing no testifiers and having no written testimony, the public testimony was closed.
APPROVAL OF MINUTES
A) Open Session Minutes of November 10, 2021, Meeting.
A motion was made by Commissioner Ken Rainforth to approve the meeting minutes of
November 10, 2021, meeting as circulated. Vice-Chair elect, Laurie Yoshida seconded. The
motion carried 4:0 by voice vote.
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BUSINESS
SC 2022-1 Discussion and decision-making on submitted a Salary Resolution to establish
maximum salary caps for certain County officers and employees included in Section 3 -2.1 of the
Kauai County Code for Fiscal Year 2022/2023.
Chair-elect Ono called on Administrator Ching to address the Commission on any new
information she received from Human Resource. Ms. Ching reported that according to Human
Resource Director Annette Anderson they are actively in the middle of arbitrations with various
unions with the Fire Department being first to arbitrate contract negotiations and had no new
information to provide the Commission with.
Chair-elect Ono thanked Ms. Ching for the update. He noted that the pandemic caused
tremendous challenges, not only for the Commission’s ability to set maximum salary caps, but
for the County as a whole. He pointed out that at the last meeting, the Commission received a
good report from the Department of Finance which seem to indicate that the County is trying
its best to recover financially. Regarding submitting a salary resolution for fiscal year
2021/2022 to establish the maximum salary caps for hard to fill positions, he does not think it is
the appropriate time for the Commission to do so and that the Commission should focus on
fiscal year 2022/2023 particular the hard to fill positions.
Commissioner Kaui agreed.
Ms. Ching stated that the compared to the past administration, the current Administration had
to deal with many disasters involving fire, police, public works, parks department and
emergency management personnel. She explained that because Governor Ige at the request
of Mayor Kawakami declared those disasters federal disasters it opened the door for the
County to be able to submit requests for reimbursement from the federal government and to
request for federal aid to cover any expenses to mitigate debts incurred due to those disasters.
She further explained that because Covid-19 was on the forefront of those disasters the
Department of Human Resource had to step up and write policies on how to address covid-19
testing, how to handle masking, what steps to take when an employee is exposed to someone
who tested positive for covid-19 and a policy to address employee (s) who had to travel outside
of the Kauai for work related business or for other reasons.
Vice Chair-elect Yoshida stated that although she concurs with Ms. Kaui and Chair Ono about
now not being the appropriate time to address salary caps it is not a reflection of the
employees work performance particular the employees who come under the Salary
Commission’s purview which tend to be key cabinet employees. Everyone has gone above and
beyond their normal day-to-day duties. It’s all about the budget and now with the Omicron
variant being present throughout the communities there hasn’t been any discussion to her
knowledge about the federal government coming through with more covid relief funds. She
noted that the County is at a deficit without the deity.
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Ms. Kaui concurred with Vice Chair Yoshida comments about all the hard work the county
employees has been doing and are continuing to do every day but thinks that it would be
insensitive on the Commission’s part to submit a salary resolution given the County’s financial
position but hopefully everything will settle down and the Commission can once again look at
recommending salary increases.
Chair-elect Ono stated that based on those comments he feels inclined to postpone the
discussion and decision-making for item SC 2022-1.
Ms. Ching asked Chair Ono if he could call for a motion to that effect.
Ms. Kaui moved to suspend any discussion regarding the decision on submitting a salary
resolution to establish the maximum salary caps for certain County officers and employees
included in Section 3-2.1 of the County Code for Fiscal Year 2022/2023. Vice Chair Yoshida
seconded. Chair Ono called for the vote. With no objections. The motion carried 4:0 by
voice vote.
With no further discussion, Chair Ono moved on to item SC 2022-2.
SC 2022-2 Discussion and decision-making on presenting proposals on any Charter
amendments the Salary Commission would like the Charter Review Commission (CRC) to
consider.
Ms. Ching stated that she sent out an email with the charter along with some links. She noted
that relative to the previous proposal by the Salary Commission to set the salaries without
council’s approval which is like what Oahu and the Big Island counties are doing.
Mr. Rainforth stated that he believes the County of Maui is doing the same thing as well. Ms.
Ching stated that she wasn’t sure if the Mau Salary Commission had the same ability that is why
she did not include Maui in her opening statement, but she could check on it quickly.
Chair Ono stated that although he cannot pull up the Maui Charter now, but it did appear that
the Maui Salary Commission has the capacity to set the salaries without going to council. The
Salary Commission on Maui determines the conversation on elected officials, department
heads as well as first deputies or first assistants of all county departments.
Ms. Kaui stated that not to go off the subject, but she reviewed Page 48,Section 23.04 of the
Kauai County Charter and it talks about facsimile signatures so she was thinking maybe the
Salary Commission could add language in the charter to address digital signatures like DocuSign.
Vice Chair Yoshida stated that it would make sense since the county already uses DocuSign for a
lot of things.
Ms. Ching agreed.
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Chair Ono stated that he appreciates Ms. Ching for providing the Commission with the
information so the Commissioners could see for themselves the language that is written in the
Charter. He stated that what Oahu and the Big Island Salary Commissions is doing is relevant
and would benefit the Kauai Salary Commission and is something the Commission could
possibly send to the CRC to consider if the Commissioners all agree.
Mr. Rainforth asked Chair Ono if he is asking the Commission to submit a proposal to the CRC to
amend the Charter so that the Salary Commission can set the salaries rather than having to go
to council for approval or disapproval.
Vice Chair Yoshida stated that it would put the Kauai Salary Commission in line with the rest of
the counties; however, to her understanding there is a difference where some counties would
set the maximums versus setting the actual salary which to her is an administrative thing to
meet the budget. To clarify, she is not opposed to submitting a proposal to CRC she just wants
to make sure that the proposal does not call for setting the actual salaries because it should be
up to the administrative to do,
Ms. Ching asked Chair Ono for permission to address some of the comments she heard from
the other Commissioners. Chair Ono replied yes.
Ms. Ching stated that if the Commission is interested in in submitting a proposal to the CRC, she
would recommend that the Commission vote on it now. She noted that at this point, CRC is not
asking for a detailed proposal, all they’re asking for a simple paragraph as to what the
Commission wants to propose. Once the vote is made, she would work on drafting a memo for
the Commission to review and for the Chair to sign.
Mr. Rainforth moved that the Salary Commission submit a proposal to the CRC to amend the
Charter to allow the Kauai Salary Commission to set the maximum salaries without council’s
approval. Vice Chair Yoshida seconded.
Ms. Kaui called for more discussion. She asked if the memo could include a proposal to utilize
digital signature.
Ms. Ching recommended that the Commission submit one proposal at a time and vote on the
motion that is currently on the floor. Then the Commission can discuss, Ms. Kaui’s proposal.
Chair Ono called for the vote on a motion that was made by Mr. Rainforth and seconded by
Vice Chair Yoshida to allow the Kauai Salary Commission to set the maximum salaries without
going to council for approval. Hearing no objections. The motion carried 4:0 by voice vote.
Chair Ono called for a second motion to submit a proposal to CRC to add language on Page 48,
Section 23.4 of the Kauai County Code.
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Ms. Kaui moved that the Commission submit a second proposal to CRC to amend Page 48,
Section 23.4 of the County Charter to include language “in addition to facsimile signatures to
accept digitized signatures as well. Vice Chair Yoshida seconded. Chair Ono called for the
vote. Hearing no objections. The motion carried 4:0 by voice vote.
For clarification, Ms. Ching stated that the Commission agrees and authorizes her to draft a
letter to communicate to the RCR about those two (2) motions. Chair Ono replied yes.
With no further discussion, Chair Ono moved on to item SC 2022-3.
SC 2022-3
Discussion and decision-making on setting the date for the next Salary Commission meeting.
After the discussion, the Commissioners all agreed to set the next teleconference meeting date
for Wednesday, February 23, 2022, at 1:30 p.m.
Executive Session
None needed.
Adjournment
With no further business to conduct, Chair Ono called for a motion to adjourn the meeting.
At 9:36 a.m. the meeting adjourned.
Submitted by:
Mercedes Ono, Support Clerk
Approved as circulated by:
Approved as amended by: (See meeting minutes of February 23, 2022)
___________________________________
Patrick Ono, Chair Kauai Salary Commission