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HomeMy WebLinkAbout2019-05-16 Salary Commission Minutes Page 1 TRANSCRIPT OF PROCEEDINGS SALARY COMMISSION MEETING Held at the Hawai ʻ i County Building, 25 Aupuni Street, Hilo, Hawai ʻ i, 96720, commencing at 10:01 a.m., on May 16, 2019. REPORTED BY: TERI HOSKINS, RMR, CSR #452 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 2 1 APPEARANCES 2 CHAIR: 3 GEORGE W. CAMPBELL 4 5 BOARD MEMBERS: 6 THOMAS E. FRATINARDO FLORENCE IKEDA 7 JAMES W. HIGGINS MILTON PAVAO, P.E. 8 HAROLD D. DOW 9 NELSON H. HARANO 10 JUDY GREENBAUM 11 12 ABSENT AND EXCUSED: 13 WILLIAM V. BRILHANTE, JR., EX-OFFICIO 14 15 ALSO PRESENT: 16 DANNY PATEL, DEPUTY CORPORATION COUNSEL 17 GLYNIS YAMADA, COMMISSION SECRETARY 18 JENNIFER SAKAMOTO, HR 19 MICHELE LAMKIN, HR 20 21 22 23 24 25 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 3 1 CHAIR: Okay, let's call the meeting to 2 order. Statements from the public. 3 Are you talking today, Mr. Sadegh? 4 MR. SADEGH: Yes, thank you. 5 I got the first part, Communication No. 1. 6 Isn't that the first on the agenda? (SEE ATT. A.) 7 CHAIR: Yep. Yep, you're first. 8 MR. SADEGH: I'm first. Okay. 9 CHAIR: Three minutes as usual. 10 MR. SADEGH: No, since I'm on the agenda and 11 since I will be talking about issues that have been 12 around for thousands of years, that three-minute 13 doesn't count because it says, "liberty and justice," 14 "Garden of Eden," "wealth and poverty," and I know that 15 the answer is not electronically received. If I'm 16 limited to three minutes, then I would rather not say 17 anything. 18 CHAIR: Well, three minutes it is. Your 19 comments are there. I put them on the communication 20 so everyone could read it and hear what you had to say. 21 MR. SADEGH: What communication? 22 CHAIR: The section in the agenda shows that. 23 Everyone has a copy of your letter. 24 MR. SADEGH: No, no, that -- that letter was 25 only about -- I used to have -- sorry. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 4 1 CHAIR: And so, you're not anywhere on the 2 agenda, Sir, so... 3 MR. SADEGH: All right. Agenda. 4 This represents this County. The bottom is 5 the people who are either in poverty or working at two 6 or three jobs in order to be able to provide for the 7 family. You guys are at the top, I would say, the 8 one-percenters. Again, I want to emphasize that you 9 should receive the highest salaries for what you are 10 doing in order to be respondent to the public rather 11 than to those who appoint you. 12 Now, this business of 100 and something 13 thousand dollars, when we have -- by the way, I need to 14 also mention something about myself because I read 15 your biography. 16 This is from San Antonio College, president 17 of the Pre-Med Club in 1963, teaching Peace Corps 18 volunteers, Persians to go to Iran, (indiscernible) 19 Business College, master's degree from Iran Center for 20 Management Studies set up by Harvard University. And 21 so that's something new. 22 When we talk about millions, somebody wrote, 23 "Oh, CEOs deserve to get millions." To make one 24 million means to work for ten years at 100,000. We 25 have that, and then we have the raises that you gave. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 5 1 I'm sorry. And Ms. (indiscernible) was really angry at 2 the amendment that was being suggested as if, you know, 3 we have this money. We have 100 percent 4 (indiscernible) by law, so why do you guys object? 5 Here household making 13,550 -- this is our 6 Star Advertiser -- and then, family of four, 27,000. 7 We have no signs of improvement for children, first and 8 foremost, protected from abuse, children's safety. 9 Children have permanent instability. All of these are 10 Xs, red. This is Child Welfare Services. 11 So, it's just unconscionable that you ladies 12 and gentlemen sit up there, give 100 -- still 10 13 percent is nonsense. That got elected without -- in 14 the first ballot or without -- in the primary. By what 15 right do you do that? By what right do you sit there 16 and spend somebody else's money? 17 And regarding Garden of Eden, I have 18 transformed the religion. You don't have to believe in 19 God, as long as you believe in humanity. God judges 20 you by what goes on in the heart of your heart of 21 heart, which is your heart, the safest place in the 22 world, and doesn't judge you by how you perceive 23 yourself. 24 One of my persons I admire was Andrei 25 Sakharov, who was Soviet Union inventor of the hydrogen ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 6 1 bomb. All of a sudden something happened to him, and 2 he began talking as if he had read our Bill of Rights. 3 They took everything away from him, put him under house 4 arrest, and he finally won Nobel Prize. He deserved 5 more than any of (indiscernible) laws. And the Garden 6 of Eden was a metaphor. Eve was the first person who 7 actually said, "God, I don't understand your" -- 8 MR. PAVAO: Mr. Chairman -- 9 MR. SADEGH: -- view of knowledge of good and 10 evil. 11 MR. PAVAO: Mr. Chairman, what does this have 12 the do with the Salary Commission? 13 MR. SADEGH: This has to do with the Salary 14 Commissions because the things are here. Liberty, 15 Justice. I'm here to talk about these. And it has to 16 do with Salary Commission because you need to be 17 concerned about every human being on this island. And 18 when I say, "a family of 200,000," doesn't mean that we 19 have -- are in love with everybody. No. As a matter 20 of fact, one person I would rather not see in our 21 newspaper is our mayor, who was the greatest 22 disappointment of my life. (SEE ATTS. B AND C.) 23 CHAIR: Okay, thank you. 24 The next thing on the agenda is the -- well, 25 before we do that, can we have the commission members ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 7 1 introduce themselves. And let's start with Judy today. 2 MS. GREENBAUM: Hi. Good morning. Judy 3 Greenbaum. 4 MR. HIGGINS: I'm Jim Higgins, 7. District 5 7. 6 MR. PAVAO: Milton Pavao, 5. 7 MR. FRATINARDO: Thomas Fratinardo, District 8 1. 9 MS. IKEDA: Florence Ikeda, District 2. 10 MR. DOW: Harold Dow. 11 MR. HARANO: Nelson Harano, District 6. 12 CHAIR: George Campbell, South Kona and Ka ʻ u. 13 Okay. The next thing on our agenda is 14 approval of the minutes. 15 Any thoughts/comments on the minutes? 16 If not, I accept a motion for the approval. 17 MR. PAVAO: Motion to approve. 18 MR. FRATINARDO: Second. 19 CHAIR: Made and seconded that the minutes be 20 approved as presented. 21 Any other discussion? 22 Hearing none, I call for the vote. All in 23 favor, aye. 24 (All members responded affirmatively.) 25 CHAIR: All opposed, the same. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 8 1 Two of the speakers today have asked to be 2 taken out of order, so unless someone has objections, 3 I'd like to move that the Fire Commission and Corp. 4 Counsel up to this point in the agenda. Okay? If 5 that's all right, then we'll modify the agenda and 6 we'll start with the presentation from Greg Henkel, the 7 chair of the Fire Commission. 8 MR. HENKEL: Good morning, Commissioners. My 9 name is Greg Henkel. I chair the Hawai ʻ i County Fire 10 Commission. (SEE ATT. H.) 11 At our last meeting, we discussed the 12 proposal you have before you. Some of the things we 13 discussed were, because of collective bargaining, some 14 of the subordinates of the fire chief make more money 15 than the fire chief and this is not unusual in some of 16 the county departments. It can be a problem where 17 qualified individuals are hesitant to advance within 18 the department because they would have to take a pay 19 cut, you know, to take a leadership position; but then 20 it's also mentioned that the motivation to lead the 21 department should be more than monetary, and the 22 leaders of the department, you know, don't always weigh 23 that much on the money they make. 24 The events of last summer -- I live in lower 25 Puna -- personally, I feel the fire department, the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 9 1 police department, civil defense -- they all did a 2 magnificent job in a tough, rapidly evolving, you know, 3 dangerous set of situation. And the fact that no lives 4 were lost during last summer, you know, just validates 5 everything that these professionals do -- these first 6 responders and crisis management people. 7 Our Fire Commission's annual evaluation of 8 the chief reflected our high regard for him. We feel 9 that the chief and the deputy chief are entitled to the 10 compensation that reflects their position, you know, 11 especially within the other departments elsewhere of 12 the same size; they generally make a little more. And 13 our Hawai ʻ i County Fire Department has to deal with a 14 lot more, you know, hurricanes, tsunamis, lava -- than 15 other departments have to worry about. 16 In spite of this, we voted that the County's 17 coffers are so drained from the events of last summer 18 that it wouldn't be a good idea to increase salaries at 19 this time, and we voted unanimously to take no action, 20 or for you guys to take no action. And that's where we 21 stand on it. I think that it should be maybe taken up 22 in not-too-distant future when things normalize. 23 So, thank you for taking on this task. 24 That’s all I have to say. 25 CHAIR: Questions from the Commission? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 10 1 MR. PAVAO: Yes, I have a question. 2 CHAIR: Yes. 3 MR. PAVAO: I would just like your thoughts 4 on how overtime plays into the relative salaries with 5 the fire chief and the deputy. 6 MR. HENKEL: It's my impression that the 7 chief and the deputy chiefs don't get overtime. 8 MR. PAVAO: Right, right, right. 9 MR. HENKEL: But the other people in the 10 department get it, and it's part of their Collective 11 Bargaining Agreement with their union. And I don't 12 know if that even weighs on what you guys are 13 considering. 14 MR. PAVAO: Do you think it should weigh? 15 MR. HENKEL: You know, I'm in the HGEA. I 16 teach school. I really appreciate everything that my 17 union does for me, but I still think there's a point 18 when the unions -- they're not too strong, but I think 19 that their compensation package is kind of undermined. 20 They're costing the County a lot of money. And I don't 21 know if somebody -- you know, in the Planning 22 Department, the highest-paid person, isn't the 23 Director -- it's a dedicated worker that's been there 30 24 years, and I don't know if he or she is more effective 25 now than they were 20 years ago. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 11 1 MR. PAVAO: No, but I guess my question to 2 you is, how do you feel about the fact that subordinates 3 make overtime and that overtime puts them in a higher 4 category? Do you think overtime compensation should be 5 a consideration for the setting of salaries for the 6 chief and the deputy chief? 7 MR. HENKEL: I do under normal circumstances. 8 I think the chief should be the highest-paid person in 9 the department. That's how I feel. 10 MR. PAVAO: What do you mean by "under normal 11 circumstances"? 12 MR. HENKEL: The circumstances right now are 13 abnormal. I live in lower Puna. Our youth in Puna 14 don't have full access to the pool or the community 15 center or the beaches. We've lost every bit of 16 recreation for our youth that we've had. Instead of 17 expanding those facilities because of monetary 18 considerations, the County is cutting back on them. 19 The pool is only open four or five days a week instead 20 of seven, and at restricted hours; and if a lifeguard 21 is gone, then they shut it down completely. 22 So, I think that we need to expand services 23 to lower Puna, and then we can talk about salary raises 24 that they did deserve. 25 MR. PAVAO: I don't think you understood my ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 12 1 question, or maybe you're hesitating to give an answer. 2 I don't know. But my question was -- should overtime 3 compensation play a role in setting the salaries for 4 the chief and deputy? I read something in here where 5 you said that it should be 10 percent and 5 percent 6 above the highest paid subordinate. Does that take 7 into consideration overtime pay? 8 MR. HENKEL: Well, I don't know. That's for 9 you people to decide. I assumed that overtime was 10 added up into their gross salary for the year. 11 MR. PAVAO: Okay. Thank you. 12 MR. HENKEL: But I might be wrong on that. 13 MR. PAVAO: Thank you. 14 CHAIR: Jim? 15 MR. HIGGINS: Mr. Henkel, I just want to 16 commend you for your action and your board's action on 17 basically saying, "Take no action." Here's a time when 18 the budget is bursting at the seams, and I appreciate 19 those comments. 20 MR. HENKEL: Thank you on behalf of the 21 board. It wasn't me; it was the whole board that 22 reached the decision unanimously, too. 23 MR. PAVAO: For whatever it's worth, I 24 appreciate it, too. 25 MR. HENKEL: Thank you. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 13 1 CHAIR: Yes. 2 MR. HARANO: Mr. Henkel, yeah, I concur with 3 Jim's opinion. And I think in one our prior meetings, 4 when the volcano was going on last year, Mr. Brilhante, 5 you know, brought up the point about the people just 6 working without even questioning the idea about 7 receiving overtime or not. They just went into action. 8 You know, they started 7:00 in the morning, you know, 9 and people doing other tasks that is not within their 10 job description. And so, that's something that the 11 public doesn't see, right? And, you know, even with 12 this vote of not having a salary increase, I mean, that 13 says a lot. So, I appreciate it. 14 MR. HENKEL: You're absolutely right. There 15 was a wildfire in, I think, South Kona six months or so 16 ago, and one company was supposed to be off, and 17 somebody asked them, "Why are you guys still here?" 18 And they said, "Well, because we're needed here." And 19 they were working on their own dime, I think. 20 So, they're dedicated people -- our first responders -- 21 and I appreciate everything they do. And like I said, I 22 think that the chief and the deputy chief should be the 23 highest-paid people in the department, but that might 24 be for later consideration. 25 MR. HARANO: Yep. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 14 1 MR. HENKEL: That was the consensus when 2 we -- 3 MR. HARANO: Thank you. 4 CHAIR: All right. Thanks, Greg. We 5 appreciate your service -- appreciate your coming to 6 take time out of your busy day to come and talk with us 7 today. 8 MR. HENKEL: It's my pleasure. And I 9 appreciate you putting me at the front of the line, too. 10 I feel, kind of, bad doing that. 11 CHAIR: Okay. Thank you. 12 MR. HENKEL: Thanks. 13 CHAIR: All right. The next thing is Joe 14 would like to talk to us. He comes from the 15 Corporation Counsel. 16 MR. KAMELAMELA: Aloha. Good morning. 17 CHAIR: Good morning. 18 MR. HIGGINS: Good morning. 19 MR. KAMELAMELA: Chair and members of the 20 Salary Commission, I appreciate having to come up out 21 of order, so mahalo for that. 22 CHAIR: Uh-huh. 23 MR. KAMELAMELA: First of all, I just wanted 24 to thank each one of you for the work that you have 25 done for the Salary Commission. You know, it's a tough ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 15 1 job, but, you know, there's two things that I think 2 about whenever we do work for the County. One is, you 3 know, recognizing that what you do is important for 4 this community. So that's very appreciated, you know, 5 by many people. 6 What I also wanted to do is just make a 7 couple of comments. And, actually, it's changes that I 8 had looked at for the April 22nd letter that I sent to 9 the Salary Commission (SEE ATT. D). The first is 10 page 2 of 4 -- towards the bottom. I just wanted to 11 give an update on training that the office has done, 12 and I wanted to update it to May 16th. 13 Our office have a policy of trying to do 14 training of at least 5,500 County officials and 15 employees only because, you know, it's important that 16 we speak to employees to know what their duties and 17 responsibilities are. So as of May 16th, our office has 18 offered 20 different classes, we have done 43 training 19 classes, and we had total, so far, 539 attendees. 20 And then, the only other minor change that I 21 wanted to make is on page 3, towards the bottom, 22 dealing with the litigation item No. 3. I just wanted 23 to make a note that 127,972 collection, that's actually 24 it's the dollar amount, yeah; so it's $127,972 of 25 collections that we have done. So, that's about the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 16 1 only thing they have. 2 But, again, thank everybody for your hard 3 work. 4 CHAIR: Questions? 5 MR. HARANO: Thank you, Joe. 6 MR. FRATINARDO: I have a question. 7 MR. HARANO: No, I said thank you. 8 MR. FRATINARDO: I have a question for 9 Mr. Kamelamela. How is your turnover for your deputies 10 as far as salary goes? Are they fleeing to go get paid 11 higher salaries elsewhere? 12 MR. KAMELAMELA: Well, we did have one 13 attorney, you know, who left over six months ago, you 14 know, for a better job. So, I could say that. But I 15 also have a lot of people who stay, you know, and 16 that's because -- part of it has to do with the salary 17 because those that stay, too, have told me, "You know, 18 Joe, I got a better offer in Honolulu." I said, "Oh, 19 okay." So, the Salary Commission increases that was 20 given, you know, is helpful, you know, because we want 21 to retain good people for the County of Hawai ʻ i. 22 MR. FRATINARDO: When they do a transfer like 23 that from your office to, say, an office in Honolulu, 24 does their tenure go with them, so their seniority with 25 the State? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 17 1 MR. KAMELAMELA: Yes. 2 MR. FRATINARDO: It travels with them? Okay. 3 MR. KAMELAMELA: Yes. 4 MR. FRATINARDO: Thank you. 5 MR. KAMELAMELA: Okay. 6 CHAIR: Dr. Dow, did you have a question? 7 MR. DOW: Back in, I think it was, December 8 of '17, we heard comments from deputy attorneys, and 9 part of it had to do with the desire to be a career 10 attorney in a position, in the prosecutor's office or 11 corporation counsel. 12 Do you think that the current salary 13 structure in your department promotes that, or do you 14 think that's even a good idea or something you would 15 like to see? 16 MR. KAMELAMELA: It does promote that. For 17 me, this is like my 30th year, you know, within the 18 Office of the Corporation Counsel. I also have at 19 least ten attorneys who's been with our office, you 20 know, as a year -- over 11 years of experience. So, I 21 think salary is important and that's something to 22 always keep in mind. 23 Those who have stayed, part of it is public 24 service. The attorneys that I have, you know, do good 25 to great work, you know, for the County because ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 18 1 there's so much that we do. 2 Because what people don't realize is that for 3 our office -- for example, there's HRS. There's like 4 volumes like this that we look at. We look at the 5 federal laws. We look at rules and regulations, you 6 know, to make sure not only that we follow the law, but 7 at times, too, we engage in a lot of discussions with 8 the department on how we can make things better 9 because that's what we're there for. You know, we want 10 to make things better to be not only more efficient, 11 but to put out quality work. So, it does promote that. 12 And then, I know some of the prosecutors who 13 are just as committed and dedicated as us who have 14 stayed because of the salary increase that they got 15 back in 2017. And I think it's a good idea. It helps 16 the County because I also think that having the 17 experience, having the institutional knowledge -- 18 provides us the opportunity on not only providing a 19 more efficient work, but at least we have built a 20 relationship where our other clients would call us 21 before trouble happens, which is a good thing. 22 Did I answer your question? 23 MR. DOW: Yeah. I was interested to see that 24 different jurisdictions, county jurisdictions, handle 25 salary structure with different attorneys in different ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 19 1 ways. Some of them seem to be by statute; some 2 actually have some sort of a grid, recognizing years of 3 experience or such, and setting where that salary would 4 be. But County of Hawai ʻ i doesn't seem to have any such 5 structure. 6 MR. KAMELAMELA: Okay. So, that's a good 7 question. So, we do have an ordinance which applies to 8 our office and the prosecutor's office, you know, where 9 the lowest-paid deputy would have to be like 50 percent 10 of the higher of either the Prosecutor's or Corp. 11 Counsel. And because we don't really have a grid, what 12 I actually did is I had looked at the structures that 13 Maui and Honolulu has -- and found that Maui County is 14 closer to us in terms of salary scale and ranges. And 15 so, I had utilized what Maui has, tweaked it a little, 16 and so I have a chart that I utilize based on 17 experience. 18 Now, there is some discretion that's 19 involved because some deputies who come on board, you 20 may not want to just go with your scale, because if the 21 person you bring on board is really good and you want 22 to encourage the person to come here, I wouldn't start 23 them off at a scale. Maybe I'll go 10, 20 percent of 24 the years of experience because I do have attorneys 25 like that. But the reverse is true, too, that even if ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 20 1 one attorney might work with government for 20 years, 2 but if it's in an area where it's different from what 3 we do, you know, I normally wouldn't go by the scale. 4 I would go by a lower scale because there's so much to 5 learn in this County alone. 6 So, I do have a chart that I utilize so that 7 it would be fair to everybody who comes into our 8 office because I believe, too, that, you know, we have 9 to be fair to everybody; and if they get better, then I 10 use that chart to give them raises. 11 MR. DOW: Okay, thank you. 12 MR. HIGGINS: I have a question, Joe. 13 Thank you for your 30 years, by the way. 14 MR. KAMELAMELA: Oh, you're welcome. 15 MR. HIGGINS: Part of our mandate, or a 16 majority of our mandate, is to examine the public 17 sector and private sector comparable jobs. Do you have 18 any idea on what the average attorney on this island in 19 the private sector might make? 20 MR. KAMELAMELA: I think it depends on the 21 size of the law firm because I know that there's 22 people with my level of experience that make more than 23 what I do; and so we're talking about the Goodsills and 24 the (indiscernible). And then, you have the solo 25 practitioners, you know, that don't make quite as much ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 21 1 that I do, but at the same time, they don't have the 2 kind of duties and responsibilities that my attorneys 3 have, you know; it's way more than what some of these 4 private people have. Because in private practice, you 5 basically get to choose who your clients are. We don't 6 have that choice, you know? We represent everybody who 7 is a County employee or official, and also the board 8 members, you know. So questions can be asked of us, 9 and so we would collaborate with everybody. We don't 10 have a choice. And we take cases as they are. 11 I'm not too sure if that's a complete answer, 12 but is there something else that you wanted me to -- 13 MR. HIGGINS: Well, I'm trying to figure out 14 whether you guys are overpaid or underpaid. 15 MR. KAMELAMELA: Well, I never feel like -- 16 MR. HIGGINS: And we don't have an exact 17 number, and we've had comparisons to attorneys in 18 Honolulu, but that's not really a fair comparison. 19 MR. KAMELAMELA: No, I think it's a little 20 bit more fair if you look at how the salaries of, you 21 know, the County of Maui than the County of Honolulu 22 are, like what their salary rates are because Maui is 23 comparable to us, you know, for the Corp. Counsel. 24 Also, Honolulu is a little bit more. In fact, I'm 25 aware that in Honolulu, you know, they're talking about ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 22 1 increases, you know. But to me, you know, that's a 2 good starting point, to look at how the other counties 3 pay their attorneys. 4 And, for us, it's part of the -- I call it 5 awesome responsibility that we have in providing 6 quality work. 7 MR. HARANO: Joe, once again, thank you for 8 your service. 9 You mentioned that the attorneys were 10 satisfied with the salary increase? 11 MR. KAMELAMELA: No, I didn't say that the 12 attorneys are satisfied. 13 MR. HARANO: Somebody was satisfied. A group 14 was satisfied, right? 15 MR. KAMELAMELA: I was trying to answer 16 Dr. Dow that, you know, the salary wages help to 17 promote a career for attorneys who want to give back to 18 the community through service. So, I don't know how the 19 other attorneys feel. I just feel that I'm not being 20 overpaid, which is what I heard. 21 MR. HIGGINS: No, I didn't say that. I was 22 wondering. 23 MR. KAMELAMELA: Yeah. And so, we leave it 24 up to the Salary Commission to use their best judgment 25 based on all the information as to, you know, what's a ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 23 1 fair compensation. 2 MR. HARANO: Yeah. 3 MR. KAMELAMELA: And I am not going to lie to 4 you that, you know, I'm happy, having fun in some 5 fashion, in the office that I work with, with great 6 people, so... 7 MR. HARANO: I just ask that in terms of -- I 8 mean, money doesn't just solve everything, you know. I 9 mean, they just go to fund their lifestyle. And now 10 they're more comfortable, you know? There's other 11 factors that go into just being satisfied from this 12 increase. That's all. Okay, thank you. 13 CHAIR: Other questions? 14 MR. DOW: I have one more. 15 Whenever the tenure of the mayor ends, the 16 tenure of the department heads end, those that he 17 appoints. And when the department head tenure ends, 18 deputy attorney's tenure ends, does everybody submit a 19 letter of resignation and wait for the next head to 20 make a decision about continuing employment or not? 21 MR. KAMELAMELA: Good question. You were 22 right that our term is terminus, but there is some 23 differences. In order for there to be a change in the 24 Corp. Counsel's office, there is a requirement of not 25 only the mayor making the appointment, but there has to ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 24 1 be confirmation by the county council. 2 So, for example, in my situation, the mayor 3 had appointed me, but I didn't start in December, when 4 the rest of the cabinet, you know, took office; and 5 that's because I didn't get my confirmation finalized 6 until January 25th, point one. 7 Point two is during this interim period, what 8 happens in the short time period is that there's a 9 reappointment that is allowed by myself, you know, so 10 that they can continue for a 90-day period. And 11 depending on the administration -- and I've been 12 through many -- most administrations would say, "Send 13 in," you know, "a letter of resignation," because, to 14 me, that's appropriate, you know, because whoever is 15 coming on board should make the decision whether to 16 retain the appointed attorney, yeah. So, there's 17 something to take care of the transition. But, at the 18 same time, I think it's appropriate that the attorneys, 19 you know, do submit a resignation, but it's when the 20 new Corp. Counsel come on board, and let the new Corp. 21 Counsel determine whether to retain or not. 22 MR. DOW: All right. Thank you. 23 CHAIR: Judy? 24 MS. GREENBAUM: Joe, I have a question for 25 you. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 25 1 So, when you recruit potential counsel or 2 staff members, do they also look at the benefit package 3 as well as the salary? Because usually in private 4 sector, you look at both. 5 MR. KAMELAMELA: Yeah. So, what usually 6 happens is that, you know, people know, you know, what 7 the salary is, but at the same time, you know, people 8 are going to be informed as to what some of the fringes 9 are. Because they get medical, and then there's a 10 possibility of getting, you know, like sick leave, 11 vacation. So, that's all part of the package. And then 12 if you retire, then, you know, you have those other 13 benefits. And so, the County -- you know, and I know 14 that in the past, that's what helped to recruit a lot 15 of people to the County. 16 MS. GREENBAUM: So, that also helps retain 17 them and continue to stay with the County. Is that 18 correct? 19 MR. KAMELAMELA: Well, that helps with 20 recruiting and retaining them, yeah. 21 MS. GREENBAUM: Thank you. 22 MR. KAMELAMELA: Yeah. 23 CHAIR: Tom? 24 MR. FRATINARDO: Yes. Mr. Kamelamela, we've 25 heard how your office works and some of the ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 26 1 responsibilities for your office, but you as the 2 advocate for your employees and deputy attorney, do you 3 want a raise, or do you want us to leave it status quo? 4 Do you feel your employees deserve a raise and that you 5 deserve a raise, or do you want to leave it status quo? 6 MR. KAMELAMELA: You know, I think I'm going 7 to leave that up to the Salary Commission. 8 There's a reason why I didn't mention it in 9 my letter because, like at this stage in time, I think, 10 you know, it's up to the Salary Commission, you know, 11 based on whatever information that it can gather, as to 12 whether, you know, a salary increase at this time is 13 merited or not. All I'm going to ask -- because I 14 heard a message, kind of, being overpaid -- that, you 15 know, shouldn't be decreased, yeah. 16 MR. FRATINARDO: Thank you. 17 CHAIR: All right. 18 MR. PAVAO: I have a question. Joe, in your 19 opinion -- and I realize there's some differences 20 between different counties on salary but, basically, 21 every Corp. Counsel does the same thing. So, what is 22 your thoughts on that? You do the same thing as Corp. 23 Counsel on O ʻ ahu. Why should there be a difference? 24 MR. KAMELAMELA: Well, part of it is the -- 25 MR. PAVAO: Besides the County's ability to ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 27 1 pay, of course. 2 MR. KAMELAMELA: Well, like in Honolulu, you 3 know, there's a population, and then in Honolulu, 4 there's 52 attorneys that the Corp. Counsel has; so I 5 can see that, you know, there is a reason why there's 6 like a $20,000 difference between my salary and 7 Honolulu. Plus, you know, they have different types of 8 boards and commissions to deal with. So certain things 9 that we do, yes, are the same, but at the same time, 10 you know, there are differences, and that's why I can 11 see why there's a difference between what I make and 12 what the Corp. Counsel make. 13 But even if we, you know, have some 14 differences -- because the charter that we look at, 15 there are differences on how the Corp. Counsel deals 16 with certain kinds of issues, you know. Because our 17 charter, you know, there are certain differences that 18 we have. For example, on the process used for the 19 Police Commission, how to make a determination as to 20 whether we should provide the representations to 21 officers who are being indicted or sued, you know. And 22 so, there's a question on how to deal with the issue of 23 whether to represent them or not. We handle it 24 different. And part of the difference with the Police 25 Commission is that we live on the Big Island. Most of ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 28 1 what we do -- you know, we're basically a rural 2 community, so there's more collaboration, and so 3 there's more of an idea for us to work together to find 4 a solution. Honolulu, many times, in certain areas, 5 it's adversarial. 6 So, there are differences that we do. And 7 that's something that someone like me learned over time 8 because of my years of experience. 9 And so that's why, comparable, we're more 10 like Maui. You know, Maui's salary range is near where 11 I am right now. And Kaua ʻ i is a smaller community, and 12 so Kaua ʻ i's salary, from what I understand, is less. 13 But we're dealing with less people, less departments. 14 MR. PAVAO: Thank you. 15 CHAIR: Thanks, Joe. We appreciate your time 16 and appreciate all the information you sent us ahead of 17 time. That was very helpful. 18 MR. HARANO: Thank you. 19 MR. KAMELAMELA: You're welcome. Thank you 20 again. Have a great day, everybody. 21 MR. PAVAO: Another 30 years, Joe. 22 MR. KAMELAMELA: You know, Harry is going to 23 be gone pretty soon. 24 Thank you. 25 CHAIR: I'm sorry I neglected, when we ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 29 1 started to introduce our new council for the 2 Commission -- Danny Patel. 3 Danny, do you want to introduce yourself? 4 MR. PATEL: Yeah. Hi. My name is Danny 5 Patel. So, as you know, Amy Self recently retired, 6 lucky for her; so I'm stepping in. This is just one of 7 the assignments I'm taking over from her. So, I look 8 forward to working with you all. 9 CHAIR: Good. Good to hear. 10 You'll note, two communications I sent to you 11 ahead of time, just for your information. 12 Nothing in item 5 for New Business, so let's 13 move on to item 6, Unfinished Business. And per our 14 plan, we had asked several organizations to come and 15 talk with us or provide written submittals. 16 Essentially everyone responded, and I hope you have all 17 been able to read all of the very detailed information 18 that was sent to you. 19 In the minutes -- or in the agenda, please 20 note a mistake, that we had listed Greg as chair of the 21 Police Commission and Wayne as chair of the Fire 22 Commission. It's actually reversed. (SEE ATT. I.) 23 The Police Commission was scheduled to be 24 here today, but neither the chair or the deputy could 25 come, so we can move along on the Liquor Commission, if ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 30 1 you are willing. We appreciate your time, too. 2 MS. NAHALE-A: Mahalo. Aloha, Chairman 3 Campbell and Commission Members. My name is Shelby 4 Nahale-a. I'm the chair of the Hawai ʻ i County Liquor 5 Commission. 6 I appreciate the tough decisions that you all 7 have had to make in the last year due to years of 8 inaction on the matter of salary adjustments and your 9 current plan to stay ahead of future salary 10 adjustments. 11 I'd like to give you a little bit of 12 background on our department first. We are one of only 13 two County departments that are self-funded. We do not 14 use any County general revenues to fund our operations. 15 Our funds are generated by assessing percentage fees 16 from our liquor licenses to cover the costs of running 17 the department. The Liquor Commission, similar to you, 18 consists of nine commissioners from each of the council 19 districts, and it's charged with the overall 20 responsibilities of granting or denying liquor licenses 21 within the County. And for the purposes of this 22 meeting, we are also in charge of selection or 23 dismissal of our director. Our director is responsible 24 for the overall operations of our department, which 25 currently has 20 employees. We enforce all liquor ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 31 1 laws, which include federal, state, and local laws, 2 which is something that's unique in that most 3 departments primarily deal with state and county 4 issues. In addition, our department spends much of the 5 time in business development through encouraging our 6 licensees or encouraging businesses in our county to 7 become licensees. This helps promote the economy by 8 providing jobs and income for our families. 9 Our director, Gerald Takase, is in his ninth 10 year as our director and continues to receive accolades 11 from the liquor community for being extremely 12 accessible and understanding of the needs of the 13 industry and by his staff for providing a positive 14 environment. 15 This is my fifth year on the commission, so 16 I've worked with him for the last five years, and I 17 would concur that I have found him to be extremely 18 supportive of business development as it relates to 19 liquor in our County and has spent time often in 20 mitigating issues that come up as we deal with 21 communities and businesses working together, and has 22 done a fantastic job with facilitating that. He has 23 also led the department through an unprecedented era of 24 changes in both modernization and updating their core 25 functions. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 32 1 With recent raises and retirement of our 2 department's administrative officer, the topic of 3 inversion is not critical for us at this time. Had 4 those events not happened, we would have been possibly 5 looking at something like that, which, in my opinion, 6 should not be something that happens in a self-funded 7 agency. Nonetheless, we are, at this time not, in a 8 situation in which we would require any kind of salary 9 adjustments to occur. 10 We applaud your efforts on the Salary 11 Commission to address this problem rather than playing 12 catch-up again. Thank you very much for the 13 opportunity to provide input to inform your 14 decision-making. 15 Any questions? 16 CHAIR: Doc? 17 MR. DOW: It's my understanding that Liquor 18 does not have a deputy or an assistant director? Is 19 that correct? 20 MS. NAHALE-A: Correct. We are currently not 21 operating with a deputy, but we do have an 22 administrative officer. 23 MR. DOW: Are you in need of a deputy? 24 MS. NAHALE-A: May I call our director, 25 Gerald Takase, forward to answer that question? I ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 33 1 would like to be supportive of our director in that 2 matter. 3 MR. TAKASE: Thank you. I am Gerald Takase, 4 Director for the Department of Liquor Control. 5 As to your question, it is true that 6 currently we do not have a deputy. We operate with 7 administrative officer. I will say that our plans are 8 to create a deputy position. In fact, it's currently 9 pending, I think, before the council. The council has 10 been supportive of the position. I think they've asked 11 me every year since I've taken over, "Do you need a 12 deputy?" And we've, kind of, resisted because of the 13 situation -- but we're starting to grow to the point 14 that I think it will become necessary. And the 15 administrative officer I have now, Brandon Gonzalez, 16 who's sitting in back, I think does have all the 17 qualities to be a good deputy. And so, hopefully, if 18 the budget passes, we will move forward after that. 19 Although we're not really dependent upon the budget, 20 you know, I don't think the timing is right to just 21 bring it forward, so we will wait – but, hopefully, we 22 will have it in place by the end of the year. 23 CHAIR: Other questions? All right. Thank 24 you. 25 MS. NAHALE-A: Thank you. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 34 1 MR. TAKASE: Thank you. 2 CHAIR: I appreciate your concise 3 presentations and your time for coming here. 4 All right. Next up is Merit Appeals Board. 5 Thank you for taking the time to come here 6 today. I appreciate it. 7 MS. NAMAHOE: Thank you very much. Aloha. 8 My name is Luahiwa Namahoe. I'm the chairperson of the 9 Merit Appeals Board. 10 Aloha to the Salary Commission, and thank you 11 for the invitation. I did not prepare a written 12 testimony. I do believe you are in receipt of Bill 13 Brilhante's letter to you. Is that correct? 14 MR. HIGGINS: Uh-huh. 15 MS. NAMAHOE: Okay. I came here to support 16 that and also clarify how we, the Merit Appeals Board, 17 received the invitation. Thank you very much for your 18 letter, which was the invitation to appear today and 19 present to you our understanding of the Human Resources 20 Department and where it fits in with the salaries. 21 So, what we did at our last meeting was we 22 pulled up information on the various department heads 23 in the County to see -- you know, the public 24 information, to look at the parity of what currently is 25 at the Human Resources Department, because it is not ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 35 1 our nature in our discussions, in our meetings, to 2 cross into other departments except when those issues 3 from those departments are brought in front of us, 4 which is what we do as we listen to appeals. 5 CHAIR: Sure. 6 MS. NAMAHOE: That does allow us to touch the 7 different departments and agencies within the County; 8 but, other than that, we try to focus on the Human 9 Resources Department. 10 May I ask before I go further for just a 11 quick show of hands who here is an EUTF retiree? 12 (Members raised hands.) 13 MS. NAMAHOE: Who here is a Fed 87 retiree? 14 (No hands were raised.) 15 MS. NAMAHOE: Who here is a veteran and is 16 eligible for veterans’ benefits? 17 (Members raised hands.) 18 MS. NAMAHOE: Who here has worked in the 19 private sector their entire career, not worked for the 20 State or County of Hawai ʻ i? 21 (Members raised hands.) 22 MS. NAMAHOE: So, I work for HMSA. I'm an 23 account manager. I work with the mid- and large 24 businesses on Hawai ʻ i Island. The information that I 25 have privy to is proprietary, but it does allow me to ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 36 1 speak a little bit to the understandings that I have or 2 that you might have with your own experience. And the 3 reason why I'm saying that is because, before I go 4 further, I'd like to make one quick invitation to all 5 of you. You can access it at the public library or the 6 university library. It's not online. It's Honolulu 7 Magazine, June 1997's edition. That issue was how to 8 make money in Hawai ʻ i. And that issue was the most 9 comprehensive issue I've ever seen. Nothing in Civil 10 Beat has touched it about making money in Hawai ʻ i. It 11 talks about salaries. It talked about government 12 employees. 13 Most people do not realize that if you were 14 employed before 1996, if you were an EUTF employee 15 hired before 1996, your experience was very different 16 than those who were hired after 2001. And all of you 17 that have ever worked for the government do not 18 understand that what the private sector's burden is on 19 the employer is very different than the public sector's 20 burden on the employee in terms of the benefits that 21 they are required to pay out for and what the long-term 22 intention was. 23 Because of the work that I do, I get to play 24 historian. And so, I -- what I mean by that is for the 25 seniors here that were hired before 1996 and retired, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 37 1 you and your spouse are covered for the rest of your 2 life on a 90/10 HMSA plan, zero monthly premium. And 3 so, your salary at the time when you were working, you 4 had to pay -- I think it went from 70/30 down to 60/40. 5 Even the single employee had to pay 40 percent of his 6 or her wages into the system, paying for their medical; 7 because the expectation was, when you retired, that's 8 when you would be afforded your dignity. You would 9 have it as a retiree. You'd even get rebated your Part 10 B, and so would your spouse. 11 From 1997 to 2001, if you were hired, you 12 were still able -- that was a transition period. You 13 could still cover your spouse. Your spouse would still 14 have the opportunity to have that rebate; but you'd 15 have to work for 30 years. 16 Since 2001, and if we look back, we see how 17 many employees today, that was their start date. They 18 have to work 30 years; they have to kick in 40 percent, 19 even as a single employee; but they are going to have 20 to work the whole 30 years in order to get the 21 retirement benefit. I'm talking about UTF; I'm not 22 talking about ERS. I'm not talking about what often 23 people want to discuss, which are retirement benefits. 24 I'm talking about the greatest costs, which are senior 25 medical. I know that you have heard me and my ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 38 1 bronchitis back here, and I apologize for that. The 2 average senior is on 12 medications, 12 prescriptions 3 per month. I'm struggling with two inhalers, trying to 4 figure out how I do what when. So, Doctor, I may talk 5 to you afterwards. 6 That's my background -- but coming back to 7 the issue at hand, we took that lens, I took that lens, 8 when we looked at the salaries. The Human Resources 9 Department, what was noticeable to us was that it was 10 at the same pay scale as the head of Parks and 11 Recreation. No disrespect to Parks and Recreations, 12 but of all of the departments and all of the agencies, 13 the County's human resources are mandated, are 14 described, in not just the County charter, but in HRS, 15 in the state constitution. 16 And when we stopped, and we looked and we 17 aimed for parity, what other agency in the County is 18 similar to Human Resources in terms of kuleana? 19 Thinking like the Police, who is the closest 20 counterpart to the Police? In public safety, we'd say 21 Fire. 22 Well, Human Resources, we believe, is on par 23 with Corporation Counsel because both agencies -- 24 although one hires more lawyers than the other, both 25 agencies are responsible for the compliance of this ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 39 1 County; and if those agencies don't do their job, we 2 are all rendered vulnerable to lawsuits. 3 And our discussion went from there. 4 And, with that, I look to see what Corporation 5 Counsel, the head of Corporation Counsel, made, and I 6 looked at what the head of the Human Resources 7 Department made, and I've decided, in spite of our poor 8 economic coffers, of which we're all well aware, I will 9 still say -- and I'm coming here to appeal -- that you 10 provide parity to the Human Resources Department on the 11 same level that you do to Corporation Counsel. Thank 12 you. 13 Questions? 14 MR. HIGGINS: Yeah. I'd like to know a 15 little bit more about what actually you do. What is a 16 typical merit appeal? Somebody walks in the door -- 17 and what happens? 18 MS. NAMAHOE: Well, commissions don't let 19 anybody just walk in the door; it needs to show up on a 20 following agenda. There's a variety of circumstances 21 besides listening to the HRD reports, the quarterly 22 reports, the annual reports, what we're doing, what 23 we're spending out, what work comp is facing, those 24 types of burdens. 25 There are employees. If they're new hires, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 40 1 and they are not covered under collective bargaining, 2 and if they have been terminated for whatever their 3 process is, they're allowed to appeal on the merit of 4 their appeal. We're allowed to hear them to see if 5 they can get their job back. So, that's a huge element 6 of what we do. We hold hearings. 7 I'm doing a poor job describing that because 8 right now I'm buzzing a little bit because of all of 9 the Albuterol in my blood -- but that is what we do. 10 That's the predominance of what we do. And that's the 11 emotional side of what we do, or the stressful side. 12 MS. GREENBAUM: I had a question. So, 13 oftentimes, isn't it settled and collaborated 14 depending on whether the union received a benefit at 15 one time versus the merit department? 16 MS. NAMAHOE: If an employee doesn't meet the 17 probationary period and the employee is terminated, the 18 employee still has a process to fight for his or her 19 job. The County allows for that. The Merit Appeals 20 Board is that final chain of opportunity. To be 21 terminated from the County is a process. We are one of 22 the last steps of that process. We're a very narrow 23 corridor. You cannot complain to us about -- what is 24 that -- EEO, race, religion, so forth and so on. 25 Protected class issues are outside of our scope. You ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 41 1 must go through your union at the beginning. But you 2 are still -- "you," being the terminated employee, have 3 a grievance process, and we are part of that process. 4 MS. GREENBAUM: What is the monthly volume, 5 average? 6 MS. NAMAHOE: Oh, it's situational. I 7 couldn't answer you that way. There have been months 8 where we haven't had -- 9 MS. GREENBAUM: What is the average, let's 10 say, in a quarter's period? 11 MS. NAMAHOE: One or two. 12 MS. GREENBAUM: Okay. 13 MS. NAMAHOE: And then there's a cluster, you 14 know. It could be three coming at us at one time for 15 the same situation. 16 So, I've been on the Merit Appeals Board since 17 November 2016, so I've had two years and a quarter to 18 be here, and I've seen dormancy, and then I've seen 19 activity. And then outside of that, then there's also 20 the mundane and time-intensive issues of Hawai ʻ i County, 21 the Human Resources Department, and trying to 22 understand -- there's human resource staff in the major 23 agencies, but then we also have this HR Department. 24 Work comp is under this department. Work comp is big 25 to me because if you fall -- if you will get hurt -- ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 42 1 however you get hurt, your GEICO is going to pay it, 2 your HMSA is going to pay it, or the HEMIC is going to 3 pay it. It depends. Insurance has well-defined 4 bullpens on what gets addressed. 5 And, on this island, we have a provider issue. 6 So, I cannot -- I want to make sure that I stick to the 7 task at hand. 8 MR. HIGGINS: How many other people are on 9 the board besides you, and how often do you meet? 10 MS. NAMAHOE: Well, we meet as we need to. 11 So, like I said, there's been a month or two where we 12 don't meet, and then we're called to meet. We will 13 always have a quarterly meeting, but we'll have appeals 14 in the middle of that. 15 MR. HIGGINS: How many people? 16 MS. NAMAHOE: There's five people. There's 17 five positions. We don't represent per council 18 district. 19 And I will say I've never been a government 20 employee so, for me, understanding government 21 employees, County and state employees, with the 22 collective bargaining, I mean, that's one pool. Then 23 you have contractors. That's another pool. You have 24 management that's outside of that. That's another 25 pool. Everybody has different rules and regulations. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 43 1 There's all nuance. There's longstanding protocols 2 that have become practices over time. To learn that, 3 it's a six-legged giraffe with wings, very different 4 physics. And as somebody who has been private sector 5 my whole life, it's been a lot for me to learn. 6 MS. GREENBAUM: So, if you're on salary, do 7 you get paid overtime -- or how does that work? 8 MS. NAMAHOE: Exempt is exempt. You get your 9 salary. There's no OT. 10 But, again, so that we don't get lost in that 11 or the intricacies of merit appeals, my read of the 12 invitation was to see this as an opportunity and 13 responsibility to see if this department is treated 14 fairly as all other agencies and departments are. I am 15 not here to suggest or tell you where you set minimum 16 wage to be, but I am requesting that how you do so, 17 that you make sure that the agencies that have the 18 closest responsibilities then also have similar wage 19 parity, at least from the top. And I recognize, with 20 government, they're all matrices, right? Columns, 21 years of service, steps, so forth. And that's all on 22 you. 23 MS. GREENBAUM: I do have another question. 24 So, how often do you put in more than 40 hours a week, 25 just out of curiosity? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 44 1 MS. NAMAHOE: Who are you talking to, me as 2 the Merit Appeals person? 3 MS. GREENBAUM: Yeah. 4 MS. NAMAHOE: For 40 hours a week? No, we 5 meet as a commission. 6 CHAIR: Yeah, it's just like us. 7 MS. GREENBAUM: Just a commission. Okay. 8 MS. NAMAHOE: I'm a volunteer. 9 CHAIR: She gets paid the same as we do. 10 MS. GREENBAUM: Okay. 11 MS. NAMAHOE: And I would like to make a 12 humble suggestion that you put your volunteers first 13 before you put your County employees. 14 MR. HIGGINS: Yes. 15 MS. NAMAHOE: Thank you. 16 CHAIR: Thank you so much for coming, and 17 thank you for what your commission did to research 18 things ahead of time. It makes our job easier, gives 19 us the information we need to do our job. So, thanks. 20 Thanks so much. 21 MS. NAMAHOE: Good luck. 22 MR. FRATINARDO: Mahalo. 23 MS. NAMAHOE: Aloha. 24 CHAIR: Okay. In your packets, you received 25 information from 17 different departments. And so, I'm ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 45 1 open as to how you would like to proceed through that. 2 We can go through each one and see if anybody has any 3 questions, just going down the tabs from your reading, 4 or we can do nothing and say if you read it, if you 5 have any questions, you'll bring them up. (SEE ATT. E.) 6 How would you like to proceed? 7 MR. HIGGINS: The latter. 8 MS. IKEDA: Yeah. 9 CHAIR: All right. Does anybody need to take 10 a break before we go to the next step? 11 MR. PAVAO: I think just give us some time to 12 digest and, if we have questions, we'll come back. 13 MR. HIGGINS: I can make a comment or two. 14 CHAIR: All right, let's go on. Jim? 15 MR. HIGGINS: Well, I actually did read 16 through just about all of that stuff. And so, I'm just 17 going to make a general comment rather than vacillate 18 on any particular one of these presentations, which 19 were all quite good and revealed a lot that I didn't 20 know -- and thankful that we had this opportunity to 21 actually find out the inner workings of government. 22 But I think a common theme that I got out of 23 all of those was, No. 1, nobody was really asking for a 24 pay raise, number one; and, number two, there seemed to 25 be a consistent complaint about civil service ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 46 1 procedures, A, and B, the amount of overworking that 2 people are putting in or having to do because of 3 understaffing. Almost everybody complained that the 4 biggest challenge is that we're understaffed. So, 5 that's just the general -- very, very general. You can 6 go through each one of these, and they're slightly 7 different with their problems and what they need most, 8 but mostly I saw a degree of complaints about being 9 understaffed. 10 CHAIR: Other comments in general? 11 Well, having read all of them, some of them 12 more than once, I agree with what you said, Jim, in 13 terms of understanding that, you know, how this County 14 functions and what all the people do that work for this 15 County. 16 I think that the other thing that it did for 17 me is to look at the size of some of the departments 18 and complexity. Some of them have 4- or 500 more or 19 more people; some of them have 20. And the 20 requirements for somebody needing a big organization 21 are just practically more than a small organization in 22 terms of how to manage all those people. The 23 requirements of the particular job may be different 24 but, nevertheless, you know, the number of people are 25 significant in how you manage 500 versus 20. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 47 1 There were several departments that did 2 comment about not having enough staff, and some of that 3 they have talked to the council about, and that's out 4 of our purview except that it lets us know how the 5 management is thinking and their thought processes. 6 And one of the things we asked for in each of 7 these cases was, you know, what are your challenges? 8 What things are bothering you? 9 And, certainly, the one you mentioned came up 10 several times, but there were other things that were 11 critical areas for the departments, and some of them, 12 like Police, just aren't enough people to cover all the 13 things they are required to do. Yes, not having enough 14 staff, but it's also the frustration of having to deal 15 with the public in a very emergency situation and not 16 having people to show up to do anything about it. 17 So, there are all kinds of thought processes 18 that went through my mind as I read all this material. 19 And so, I guess it comes down to what we asked for in 20 our plan was for each of these organizations, and for 21 the ones who testified here today, to tell us, you 22 know, where you are. What are your problems? Does 23 your organization -- what does it do? And is some kind 24 of raise required? We've heard from some bluntly 25 saying, "Not right now. It's not the right time." We ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 48 1 just heard one that said, “Hey, consider parity with 2 like organizations between Corporation Counsel and HR.” 3 We have to decide, you know, next steps. 4 From our point of view, we'll be talking about salary 5 inversions in general in the next part of our agenda, 6 but as far as what's in our plan, we've really gone 7 through everything that's required at this point in our 8 rules and as required by the changes in the rules that 9 came as a result of the last vote in the County. So, 10 it comes down to how do we want to proceed? (SEE ATT. F.) 11 We heard last time that Maui gave an 12 across-the-board of 3 or 3 1/2 percent. We got the 13 information that they did the same thing at O ʻ ahu 14 (SEE. ATT. G). And so that's where our counterpart Salary 15 Commissions have been in terms of -- even though they 16 looked at inversions, and they think they have some, 17 they decided that flat across-the-board was the way to 18 go this year. It wasn't clear to me whether they were 19 basing that on cost of living increases or what, but 20 that’s what they did. So, it comes down to, you know, 21 where do we think we are, and as a commission, you know, 22 what do you all want to do? 23 So, that's where we're at. 24 The quietness is -- I'm not sure if you don't 25 want to speak up or if you're not ready to discuss that ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 49 1 subject yet. If not, we can, you know, honor and do 2 that at our next meeting; but from my point of view, 3 we've covered everything that we've required ourselves 4 to do in our rules. Now it's the time for the bottom 5 line of that. 6 MR. HIGGINS: Well, I would just like to, 7 while we're quiet and we're all contemplating, just 8 review what the finance director told us last meeting. 9 I think that's critically important. That the 10 wages/salaries/benefits/contributions to the state 11 retirement system have gone, in the last ten years, 12 from -- and I'm rounding off -- 53 to 63 percent, which 13 is a profound increase. And, if you add debt service on 14 top of that, currently the budget of the Big Island, 70 15 percent is spoken for; so you got 30 cents on every tax 16 dollar that's raised to do everything else. So, we play 17 a bigger role than we think. We've got eight of us 18 here. We represent 40 people, if you think about that. 19 The County employs 2,400 people. So, you do the math. 20 So, that's my main concern is I got a lot of 21 love for Glynis and everybody else who are working for 22 us as County employees. No question about that. My 23 question is, is government on the Big Island affordable? 24 I think that's the big thing I'm having is can 25 taxpayers afford to pay for the cost of government? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 50 1 And I think that's bottom line. We have to deal with 2 that. 3 There's a lot of people/businesses out there 4 that are still suffering from the volcano, storms, and 5 all of that kind of stuff. And to come out with 6 another pay raise right now, I'd have a hell of a hard 7 time with that, frankly. 8 People in my district, that's who I 9 represent. I represent maybe these 40 people, but what 10 I really feel I represent are the taxpayers in District 11 7. And I think they would have a very difficult time 12 justifying more pay raises now when taxes are going up, 13 assessments are going up, fees are going up. 14 Government is stretching every wallet they can get 15 their hands on to pay for all of this. So, what do we 16 do? I don't know. But I think a good indication for 17 us to think about is the presentation by the Fire 18 Commissioner, where he said basically, on their own, 19 they decided enough right now. And I think that's 20 pretty brave to hear that coming from somebody 21 representing County employees. I think it's very 22 realistic. 23 CHAIR: All right. Other thoughts? 24 Florence? 25 MS. IKEDA: I think that, at this point, we ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 51 1 need to sit on it and think about it and not make a 2 hasty decision. Maybe we could come back at the next 3 meeting, you know, after we put some thought into it. 4 Physically, I think the County of Hawai ʻ i is really 5 struggling. So, we have the take into consideration of 6 this. I know across the nation, a lot of counties and 7 city governments have gone into bankruptcy, and they 8 have pulled back, so I think that we should sit on this 9 for a while and think about it, think it through really 10 thoroughly before we make a decision. 11 CHAIR: Okay. 12 MR. PAVAO: Mr. Chairman, for whatever it's 13 worth, I totally concur with the last two, Mr. Higgins 14 and Florence. I personally think it's premature for 15 us, at this time, to even consider raises. 16 MR. HARANO: Commissioner George, I concur. 17 I think other commissioners have always talked about 18 not giving the raises, but the ability of the County to 19 pay. So, I think the Fire Department is taking a broad 20 view about, yeah, let's do the good for the overall 21 common good. So, yeah, it's difficult right now to, 22 you know -- and I'd like to see -- you know, when 23 Deanna talked last month about the budget, there was a 24 line item there -- a couple line items, I believe. One 25 was from the Airbnb, the tax on that, the short-term ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 52 1 rentals, and also the compliance fees or the 2 noncompliance fees for the noncompliant Airbnb things. 3 I'd like to see the actual numbers on this first, you 4 know. Was this number made up to balance that budget? 5 I mean, are these numbers realistic? I remember she 6 mentioned that the fees for the noncompliance zones, I 7 think she had it close to a million. And if it's a 8 million at 500 -- I think it's 500 bucks a throw a year 9 for the annual fee, right? At least in the first year. 10 That means that's 20,000 units short-term rental units 11 we're talking about. I mean, do we actually have that 12 kind of number here? I really would like to see the 13 actuals versus -- you know, before we do anything, 14 quite honestly. 15 CHAIR: Okay. Harold? 16 MR. DOW: I think we need to make up our 17 minds about one basic thing: Do we accept salary 18 inversions? Started in 2017, and that was the big -- 19 what we considered the problem for which we took 20 action. Got a lot of complaints about it. But I think 21 that's a very fundamental question we have to answer 22 now. Do we let salary inversions slide back into what 23 brought us to the big discussion over the last year? 24 CHAIR: Yeah, we're going to get to that 25 next. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 53 1 But before we get there, does anybody else 2 have comments? What I'm hearing thus far is at least 3 before we make any final decision, raise or not raise, 4 at least to table that until the next meeting for 5 discussion. 6 MS. GREENBAUM: I agree with that. 7 MR. FRATINARDO: Also, I'd like to ask if the 8 Chair can -- if we were even going to consider a raise, 9 what would the percentage be, and how much would it 10 actually cost the County? 11 CHAIR: If you'll remember, Bill gave us that 12 about three months ago. 13 MR. FRATINARDO: But I mean as far as what we 14 decide or what might we consider. 15 CHAIR: Yeah, okay, if we did something. All 16 right. 17 MR. FRATINARDO: If. 18 CHAIR: Any other discussion there? 19 So, what I would suggest is that we put this 20 discussion on the next agenda for our next meeting for 21 a decision one way or the other. 22 MS. GREENBAUM: I agree. 23 CHAIR: And we'll go from there on whether we 24 give any raises or not. 25 And let's move on, then, to salary inversions ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 54 1 and discuss the point that Harold brought up. Are we 2 going to accept salary inversions or not? And, 3 remember, that's what got us -- as Doc pointed out, 4 we're in the situation that we were in before. True, 5 it had gone on for many, many years, but nevertheless, 6 it's a discussion we should have. 7 MR. HIGGINS: My thoughts on that is we're 8 kind of caught between a rock and a hard place on that. 9 And what I mean by that is if we went a couple of 10 years, two or three years, and because of budget and 11 affordability of government, we decided no pay raises, 12 we would be forced into an inversion just by the basic 13 scenario of the State. And that is the governor is 14 going to go into collective bargaining with the various 15 unions, and none of them have had the courage to have 16 no pay raises because you get down to support in 17 elections. 18 So, what I see happening is that there's 19 constantly going to be a push from underneath on these 20 union agreements. So, they keep pushing. And we're 21 dealing with the top 40 people, so you are going to 22 have constant pressure coming up, coming up; and if we 23 did nothing for a number of years, we're going to have 24 inversion. It's built into the system is all I'm 25 saying. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 55 1 So how we deal with that and whether -- and 2 then we have a big catch-up problem that goes on the 3 headlines, you know, to catch up, you are going to have 4 to give big pay raises to those 40. So, it's kind of 5 tough to figure out the best way to deal with it. 6 CHAIR: Okay. Harold, do you have more 7 comments on that? 8 MR. DOW: Well, nearly everyone in County 9 government has an advocate for their pay. The bulk of 10 the County employees have their unions, which have been 11 successful practically every year in getting raises, 12 looks like 2 1/2 to 3 1/2 percent, per year, compounded 13 annually. Then you got the career managers, the 14 excluded managerial level, that are protected by 15 statute which says that their pay has to be equal or 16 greater than the highest-paid subordinate in their 17 department. So, they've got an automatic advocate. And 18 people that otherwise do not have are the 40 people 19 that we're dealing with. And I think most everyone, 20 including EMs and union people, the few that I have 21 talked to have told me that they think the leadership 22 should have the highest salary in the department. 23 So, what do we think? Do we think that 24 departmental heads and their deputies, their 25 assistants, should have the highest salaries? I think ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 56 1 so. They have not only the title; they have the 2 greater authority; they have the greater 3 responsibility; they have the greater accountability, 4 and they ought to be rewarded for it. And I think that 5 despite whatever stress there is on the County budget, 6 most of the revenue for the County comes from real 7 property taxes; and although people complain about 8 their property taxes, they are some of the lowest in 9 the nation. We have quite a bargain when it comes to 10 paying real estate taxes. 11 So, I think we have to, as County citizens, 12 decide what kind of government do we want, what kind of 13 government do we need, what kind of government is 14 demanded, and be willing to pay for it. 15 If you don't think we ought to have 16 government, period, and we shouldn't have taxes, well, 17 that's one opinion. I'm of the opinion there are 18 certain things that are required to have a healthy and 19 orderly society; and we have to be willing to pay for 20 it. And we have to do it collectively through 21 government at the most local level, and I think that we 22 need leadership to take us there, and I think that that 23 leadership should be the most highly rewarded. 24 MR. PAVAO: Mr. Chairman? Oh. 25 MR. FRATINARDO: What I want to fall back on, ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 57 1 I understand the grief people are going through with 2 their financial situations. We were hit with this 3 horrible environmental event last year because no -- 4 that was no control of ours. We had to deal with what 5 we're dealing with. There's been $67 million coming in 6 to the County to help out with the County. But I took 7 an oath to abide by the County charter, which is 8 Section D, "The Commission shall review and compensate 9 all County-elected officials and appointed directors 10 and deputy directors so that their total salaries and 11 benefits have a reasonable relationship to the 12 compensation in the public and private sectors." 13 Now, I have been harassed in front of 14 Starbucks for what I did back in 2016-2017. Grilled. 15 But, you know, we had to make a decision to make 16 something right back then. We took some courage to do 17 that, and we took the heat for it. I've had people 18 walk up to me and say, "Hey, thanks for taking the heat 19 for what you guys did." But it was something because 20 other Salary Commissions didn't take the action back 21 then to make this right with such as the problems we 22 have with inversions. 23 But when I see the raises that are going out 24 with the collective bargaining, for example, the 25 collective bargaining unit -- all the bargaining units ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 58 1 that are coming up and say, "Well, what we want is" -- 2 it's an average of 3.2 -- or 3 percent to 3.5 or 3.7 3 percent for the other commissions, except for Kaua ʻ i. 4 Are we going to kick the can down the road 5 like the previous commissions did? And what are we 6 going to be getting into ourselves? What are we going 7 to be creating ourselves for other commissions? Are we 8 going to stick it in their lap, or are we going to bite 9 the bullet -- we're going to have to bite the bullet 10 somehow. We're going to have to bite the bullet with 11 the budget. We're going to have to bite the bullet 12 with the decision that we make so we don't have to play 13 catch-up later on. So that's what we have to consider: 14 Are we always going to be playing catch-up, catch-up, 15 catch-up, and when the public sees these raises that we 16 give; they're going to be coming after us for the 17 raises that we give because we're going to have to be 18 playing catch-up, catch-up. So, I think with the raises 19 that were awarded back in 2016, 2016 -- 2017, excuse 20 me. 21 CHAIR: '17. 22 MR. FRATINARDO: -- it put us into a position 23 to have more flexibility. So, we do have some more 24 time. We don't have to rush. We can take baby steps. 25 We can discuss this more. We're not, right now, in a ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 59 1 point where we're behind the barrel of a gun, where we 2 have to just rush and make these decisions, and we can 3 just sit, like Florence was saying, and other members 4 of our commission was saying, and just take more time 5 and look at the situation. 6 But I think, at some point, we're going to 7 have to act, and we're just going to have to take the 8 heat for some of the decisions that we make because if 9 we don't -- we're going to take heat if we don't; we're 10 going to take heat if we do. But what is our job? Our 11 job is in Section D of the charter, and that's to make 12 parity. 13 CHAIR: Right. 14 MR. FRATINARDO: And that's what I'm guided 15 by. 16 CHAIR: Right. 17 MR. PAVAO: I have a comment relative to 18 inversion. And just being the devil's advocate. There 19 has to be some kind of consideration for an employee in 20 the same department for 30 years that went through all 21 the union contracts, got all his raises, versus a 22 department head that is going to be there for four 23 years. I mean, there has to be some kind of 24 consideration. And although inversion sounds like a 25 bad thing -- but I think, as Mr. Higgins said, it's ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 60 1 inherent in the system. It's going to happen. No 2 matter what, it's going to happen. And I think if we, 3 as a commission, try to correct all the inversions 4 within the county, and based on the ability to pay, I 5 think we might be causing more problems than the good 6 that we're trying to do. 7 CHAIR: Okay. 8 MS. IKEDA: I think that although these 9 things are coming through, to me, the most important 10 thing to me is that we should be fiscally responsible. 11 I mean, we can give all these raises. I worked for the 12 government, and we went through a period of time that 13 we froze our salaries and we didn't take any -- I don't 14 know if those of you that were working in government 15 can remember that time that we didn't get a raise; we 16 forgo a raise and everything like that. But I really 17 think that we have to be fiscally responsible. 18 MS. GREENBAUM: I agree with that because, 19 you know, being in the private sector all my life, 20 operating businesses, I couldn't take a salary when I 21 had no money. I had to hold, and I had to work long 22 hours. And that's something that -- we have to be very 23 much fiscally responsible. We don't want to end up in 24 bankruptcy. 25 CHAIR: Sure. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 61 1 MR. PAVAO: You know, as an example, I was a 2 department head for 17 years. I had total of 40 years, 3 but the last years, I was a department head. And 4 there's been a few times where the economy was so 5 bad -- although my commission was very generous and 6 they wanted to give me a raise, but there was a few 7 times that I refused the raise because of the economy. 8 And I think that should be the case. You cannot take 9 Money, if there's no money available. 10 MR. HIGGINS: You know, maybe we should ask 11 the mayor to join us again. I think two years ago, 12 when we were going through that big catch-up, he came 13 and talked to us, and if he sat here right now and I 14 asked him, “Mr. Mayor, can we afford more pay raises?" 15 -- and use it exactly like that, using the word or 16 "afford," or, even better, "Can the taxpayers afford 17 another pay raise from us?" I'd be interested to hear 18 what he had to say. Now, if he said "Yes," I might 19 change my leanings somewhat. But maybe we should ask 20 the mayor to join us. 21 CHAIR: Sure. 22 MR. HIGGINS: I mean, the finance director, 23 we asked her that indirectly, and she sort of didn't 24 answer that because she couldn't. 25 CHAIR: What she said was, "We need to be ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 62 1 spending some money on capital improvements." 2 MR. HIGGINS: Yeah. 3 CHAIR: And we have a lot of old equipment 4 and old buildings that are in disrepair. 5 MR. HIGGINS: Yep. 6 CHAIR: So, she hinted at where the money 7 should be -- any extra money should be spent. 8 MR. HIGGINS: Yeah. And that's that 30 9 cents. That's what she's talking about. That 30 cents 10 has to do all of that. That's one thing we never got 11 out is, for the County, the total amount of deferred 12 maintenance and equipment must be a staggering amount, 13 because the State, it's over the top. It's in the 14 billions. 15 So, yeah, I don't know, maybe we should 16 listen to the mayor. Maybe that would make everybody 17 get a little more confident in how these deliberations 18 are going. I don't know. 19 CHAIR: We can ask him to come, see if he'll 20 come. 21 MR. PAVAO: Yeah, I think we should. 22 MS. GREENBAUM: Uh-huh. I think that would 23 be a good question. 24 CHAIR: Any other thoughts on the subject of 25 inversion? ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 63 1 All right. Let's move on, then, to the next 2 item on our agenda. Bill is not able to join us today, 3 so I want to move his update on collective bargaining 4 agreements to our next meeting. 5 In addition, then, at our next meeting, we'll 6 talk about what we're going to do raise-wise or not, 7 and if we can get the mayor to come and perhaps have 8 finance come again at the same time. 9 MR. HIGGINS: Yeah. 10 CHAIR: Those are the things that I would 11 suggest we place on the agenda for the next time. 12 MS. GREENBAUM: Yes. 13 MR. PAVAO: Totally agree. 14 CHAIR: What I would suggest -- how does June 15 the 27th look for people? That's a Thursday. The last 16 of June. 17 MR. FRATINARDO: I'm good. 18 MR. PAVAO: Good. 19 CHAIR: Does that work, Glynis? 20 MS. YAMADA: Let me confirm the room's 21 availability. 22 CHAIR: So, June the 27th is available. So 23 I'd like to set our next meeting for June the 27th to 24 discuss or to go through those subjects that I just 25 suggested. ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 64 1 Anything else? 2 If not, we're adjourned. 3 (The meeting adjourned at 11:41 a.m.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Page 65 1 STATE OF HAWAII 2 ss. 3 COUNTY OF HAWAII 4 5 I, TERI HOSKINS, a certified court 6 reporter in the State of Hawaii, do hereby certify 7 that the foregoing pages are a true and correct 8 transcription of the proceedings in the above matter. 9 10 Dated this 28th day of May, 2019. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ISLAND COURT REPORTING & TRANSCRIPTION SERVICES (808) 933-9800 Ms. Teri Hoskins, Certified Court Reporter, transcribed the aforementioned proceedings of the Salary Commission at its public hearing and meeting held on May 16, 2019. Glynis Yamada, Secretary, Salary Commission, had incorporated some minor formatting/housekeeping revisions throughout the transcript. Respectfully Submitted, BIL.WAL ek)amAzi Glynis Yamada, Secretary APPROVED: Georg W. Campbell, hair Salary Commission mptiAAl RESOURCES (� APR 252019 RECEIVED THE BIG ISLAND AS A FAMILY OWNED CORPORATION OF ABOUT 200,000 INDIVIDUALS WITH "LIBERTY AND JUSTICE FOR ALL," GARDEN OF EDEN IN REALITY. \BOLGHASSEM SADEGH 10:03 PM (0 minutes ago) to Tiani..\amada, from: Abolghassem Sadegh <abolghassemsadegh@gmail.com> to: glanis.yamada@hawaiicounty.gov cc: Abolghassem Sadegh <abolghassemsadegh@gmail.com> date: Apr 23, 2019, 10:03 PM subject: The Big Island as a family owned corporation of about 200,000 individuals with "Liberty and Justice for All," Garden of Eden in reality. THE BIG ISLAND AS A FAMILY OWNED CORPORATION OF ABOUT 200,000 INDIVIDUALS WITH "LIBERTY AND JUSTICE FOR ALL," GARDEN OF EDEN IN REALITY. SBOLGHASSEM SADEGH <A BOW IASSE- MSADE(ili a GMAll,.COM> to L21ttnis.\antada. Abolghassem Sadegh <abolghassemsadegh u";umail.com> glanis.yamada@hawaiicounty.gov Abolghassem Sadegh <abolghassemsadegh@gmail.com> /3 ATT. A (01113 Apr 24, 2019, 7:28 PM The Big Island as a family owned corporation of about 200,000 individuals with"Liberty and Justice Garden of Eden in Reality. The Universal Realm of the Lord Almighty Believing in God is optional; Believing in humanity is not. Note: God does not judge us by who we believe we are—atheist, humanist, Buddhist,Jew, Christian Muslim— but with what goes on in the safest of all safes,our heart regarding other human being. It has taken 3.8 thousand million years for our species to appear at the apex of the Animal Kingdom. millions of years this Spaceship Earth was the Paradise instinctively for all others in the Web-of-Life their natural environment. We are the loose cannon having been given godly power of creation or destruction. The time has con each of us to Be The Savior by Fighting injustice, Helping oneself and other, & Doing no Harm. # Founder: Abolghassem Abraham Sadegh Tuesday, April 23, 2019 Ms. Yamada Glynis Department of Human Resources 101 Pauahi Street, Suite2 Hilo, Hawaii 96720 Ms. Glynis, My mission in life is to transform this magnificent and unique in the "Elegant Universe"to an actua Garden of Eden. We need to consider every of about 200,000 residents of this County as an extended Family. We nee consider the entire Island a family owned corporation with "Liberty of Justice for All."There would limit to how much wealth and individual can have as long as earning it has not been at the expense o others. -i//3 No one should have an annual income exceeding $100,000 when about 42%of the population lives i poverty. Every family has the right to enjoy this life. No one should live in poverty and no one shoul at to jobs to make ends meet. Every child has the inalienable right to reach its fullest potential—Kingdom are out of question—anc intertwined with that,every human being should have its fair share of the resources of this Plant. We can have Garden of Eden in reality on the Big Island within a generation. Sincerely, Abolghassem Abraham Sadegh p 11383 Hawaii 96721 808-319-7672 PS: I would appreciate copies of this email be given to Members of the Appeals Board as well as the Commission. I also have a question. Why has this meeting and that of the County Council are scheduled for the sa day? PS 2: I sent this yesterday but today I discovered that it was returned. Police might have had somethi do with it. They have total control of my computer and cell phone. For example, I sent an email to N Cook Lauer and copies to the two editors and well as Aaron Chung. It was returned immediately and Chung's name was changed to Jenn Ruggles! 3/3 The Universal Realm of the Lord Almighty Presented: May 16, 2019 Be the Savior;Fight injustice;help yourself and others and do no harm. abolghassensadegh@gmail.com Tuesday, March 12, 2019 PO Box 11383 Hilo,HI 96721,808-319-7672 The Universal Realm of the Lord almighty Believing in God is optional; Believing in humanity is not. It is our sole responsibility in this phase of our existence to transform this unique and precious Earth — a "Pale Blue Dot," —from beyond Jupiter and as large as the full Moon from the International Space Station to the Paradise for us through our godly power of freedom of choice as it already is instinctively for all others in the Web-of-life we are an integral part of. The path toward that Paradise is for each one of us to Be The Savior at any level of the society by Fighting injustice; Helping oneself and others, & Doing no Harm. The Police Department is in continuous violation of its stated Core Values of: . Integrity •. Professionalism . Compassion It has already crossed the point of no return by those at the highest level. It should be investigated in order for those guilty of violating our highest ideals to pay the highest penalty for doing so. These core values should be the overall framework each police officer is held accountable to. 41 Abolghassem Abraham Sadegh DP P. O. Box 11383 Hilo, Hawaii 96721 1114r ' 808-319-7672 ATT. B Presented: May 16, 2019 We./1 ctm V. 13r../Aan4.t Jr. C ,die. Blog: Spirit Speaks by Liora Leah YHWH-God-Allah "The Church of the LORD---YHWH-God-Allah---All Wars are Civil Wars", said the ad in the Los Angeles Times. Pictured with the ad was the symbol of a Jewish Star of David overlaid with the Christian Cross. Intrigued, I looked up the Church on the internet. Read on for the fascinating spiritual philosophy of the Church's founder, Abraham Sadegh, whose beliefs go beyond the limitations of Judaism, Christianity,and Islam." Excerpts from Church of the Lord website: http://www.churchofthelord-vhwh-god-allah.org "The LIGHT of the World The Creator of the Universe and the GOD of Adam and Eve, Noah, Abraham, Moses, Christ as the highest manifestation of the LORD, Muhammad and other messengers is one and the same. Islam is the continuation of Judaism and Christianity and the Qur'an a continuation of the Bible. Therefore, the Hebrew Bible is incomplete without the New Testament, the New Testament is incomplete without the Qur'an, and the Qur'an is incomplete without the Bible. Indeed, Islam is the missing link and thus the bridge between Judaism and Christianity. It is closer to Judaism than Christianity for its unequivocal assertion of the Oneness of the LORD and it is closer to Christianity than Judaism for its unequivocal assertion that for humanity, Christ is the highest manifestation of the LORD. Until the dawn of humanity, the LORD was Omnipotent, Omniscient, and Omnipresent. Since then, however, IT (He) has through the blessing of the freedom of choice entrusted part of ITS Omnipotence upon every human being. The number of choices one has in every instance is not, however, infinite from the LORD'S perspective but each individual is absolutely free to choose what it (he/she) wishes from among the choices available. One of the greatest examples is that Abraham, who was not aware that he was being tested regarding the sacrificing of his son, could have chosen to disobey the LORD to whom he owed all that he had including his own life. This too is a manifestation of humanity's Omnipotence for the LORD did not know the path Abraham will choose to take. ATT. C 1 In the light of billions of years of evolution the story of Adam and Eve should now be reinterpreted not as a historical fact but as a parable the primary purpose of which is to reveal the dawn of a species with decision making and thus creative abilities. Although Adam and Eve were physically at the apex of life on our planet, spiritually they were comparable to newly born infants whose behaviors are dictated by their instincts. Can anyone truly expect an infant not to seek what is appealing to its senses but instead to have the wisdom to comprehend the immensity of the meanings of"the tree of knowledge of good and bad" (Genesis: 3.3) and "the tree of immortality" (The Qur'an: 20.120)? There is nothing further from the truth than believing that Adam and Eve committed any sins, Original or otherwise. In this respect, every newborn is also pure, precious, and without sin in the sight of the LORD. According to the Qur'an (2.30), every human being is the LORD'S "viceroy." This means having the responsibility of contributing to the creation of an environment in which every individual would reach its highest potential and the responsibility of transforming the Earth to the Paradise it has the potential to be. Among the LORD'S messengers, Christ was the highest manifestation of the LORD... According to Christ the two commandments at the foundation of all the teachings of all the prophets are that, "You shall love the LORD your GOD with all your heart, with all your soul, with all your mind, and with all your might," and "You shall love your neighbor as yourself" Deuteronomy 6.5, Leviticus 19.18, and Matthew 22.37-39. The LORD'S prophets and messengers are, however, only the means to an end and should never be worshipped for that would be denying the Oneness of the LORD. The LORD Almighty is capable of creating a Christ, for example, for each of the billions of planets in existence in our universe alone. The LORD'S ultimate objective is for every human being to become ITS true representative on our planet and take into consideration the words and deeds of the LORD'S prophets and messengers in the process. Also, when an individual has the freedom to choose its own path, then the responsibility for such a choice lies with that individual,-Thus no human being should blame 2 others for the choices it makes or go to the extreme of believing that another innocent human being, such as Christ, should die for its wrong doings. In the sight of the LORD, every individual is ultimately responsible for interpreting the applicability of the scriptures to each era in human history. A literal acceptance of the scriptures can become a straitjacket leading to spiritual stagnation with harmful effects not only on one's own life but also the lives of others on whom one has an effect. Examples in both the Bible and the Qur'an are the verses condoning the institution of slavery and the supremacy of men over women. ...In conclusion, it is imperative to realize that there shall be no physical returning of Christ, Mandi, or any other expected Savior for the Kingdom of the LORD is within every individual and as such every man and woman has the potential to be a Messiah. For the human race there is no "End of Time," or"Armageddon." The humanity can last till eternity on earth and beyond and of course it also has the omnipotence to destroy itself if it so chooses. There is one application of the freedom of choice that is of utmost importance. Children should not be indoctrinated to accept their parents' faith automatically. It-is the responsibility of all parents as well as the responsibility of those within the public school systems the world over to expose children to diversity of faiths in an unbiased manner and to allow each child to reach adulthood and then follow its own heart in choosing the spiritual path it wishes to pursue. Finally, the word "Church" in the title signifies any time and any place in the space-time continuum when one is in communion with the LORD through its thoughts, words, and deeds. In this respect there is no difference between a synagogue, a church, a mosque, a temple, or any other place in the Universe. Amen," Abolghassem Abraham Sadegh off `f (20 19 • 3 Humanity's 4 Spiritual Universal Constants: 1. We are all born citizens of the Planet Earth; 2. At birth we had no choice about,anything. 3. Every child has the inalienable right to reach it's fullest potential; 4. Every human being has the right to it's fair share of the resources of the planet. The Universal Realm of the Lord Almighty Be the Savior:Fight injustice;help yourself and others and do no harm abolghassemsadegh@gmail.com P.O. Box 11383 Hilo,Hawaii 96721 808-319-7672 Harry Kim Joseph K. Kamelamela Corporation Counsel Mayor \1 1. i(!-, Renee N. C. Schoen '.``= Assistant Co,poration Counsel • COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo,Hawai'i 96720 • (808)961-8251 • Fax(808)961-8622 April 22, 2019 HUMAN RESOURCES APR 222019 Honorable George W. Campbell, Chairman and Members of the Hawai'i County Salary Commission RECEIVED County of Hawai'i 101 Pauahi Street, Suite 2 Hilo, HI 96720 Dear Chairman Campbell and Commission Members: Thank you for your Commission's e-mail request of March 21, 2019 and the opportunity to provide a brief presentation of our department's role in the County, our office's organizational structure, our operating budget and funding, the major challenges our department face, and our overtime requirements. I will be present at the May 16, 2019 Commission meeting to answer any questions you may have. Office of the Corporation Counsel 1. Civil Attorney for the County, its Officers and its Employees The duties and responsibilities of the Office of the Corporation Counsel are set forth in Section 6-5.3 of the Charter as follows: The corporation counsel shall be the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. The corporation counsel shall represent the county in all civil legal proceedings and shall perform all other services incident to the office as may be required by law. The corporation counsel shall, however, be prohibited from representing any elected officer in impeachment proceedings. In addition, for any contract or agreement in which the County is a party, the corporation counsel must review and approve. Section 13-13 of the Charter provides as follows: The county may enter into contracts with private parties, other counties, the State or the United States for the performance of any function or activity which the Hawaii County is an Equal Opportunity Employer and Provider 11111.1111111111 ATT. D Honorable George W. Campbell Chairman and Members of the Hawaii County Salary Commission April 22, 2019 Page 2 of 4 county is authorized to perform. All written contracts to which the county is a party shall: (a) Be approved by the corporation counsel as to form and legality. . . . 2. Brief Functional Statement, Organizational Chart and Assignments. As the chief legal advisor and representative of the County, this office serves as the law firm for our County, providing legal representation and support for 20 departments, 2700+ officers and employees, and 37 active boards and commissions (with 250 members; and although there are also 4 inactive boards and commission, in 2020, the 9 members of the County Redistricting Commission will be appointed and confirmed by July 1, 2020). See attached Assignment Sheet We have 15 attorneys, with 9 attorneys in our counseling and drafting division (averaging over 11 years of legal experience)and 6 in our litigation division (averaging over 15 years of legal experience). Our support staff of 12 consists of one private secretary, one accountant, one investigator/claims adjuster, one legal assistant, three legal technicians, two legal clerks and one clerk. See attached Functional Statement and Organizational Chart. 3. Budget Our budget request for fiscal year 2019-2020 ("FY19-20") is $3,019,892. See attached Corporation Counsel Program Budget FY19-20, page 1. This request is a slight increase from last year's budget due to salary increases. Seventy-nine per cent of the budget is for salary and wages. The remainder is what is necessary to run our law office. 4. Program Highlights Our office is committed to providing the best legal services for the County by working collaboratively with all County employees and officials. See attached Corporation Counsel Program Budget FY19-20, including FY18-19 program highlights for litigation on page 3 and for counseling and drafting on page 6. In order to practice proactive law, we routinely provide training to all County employees in a wide range of areas such as civil liability, conducting internal investigations, ethics, contracts, procurement, and employment discipline. In the last fiscal year, that is, FY17-18, the office offered 26 different classes and trained a total of 900 County officers and employees; as of April 18, 2019, the office offered 11 different classes and trained a total of 465 County officers and employees. Honorable George W. Campbell Chairman and Members of the Hawai'i County Salary Commission April 22, 2019 Page 3 of 4 For counseling and drafting, from July 1, 2018 to April 16, 2019, the program highlights are: 1. Work with departments on lava recovery. 2. Draft and finalize over 60 tax deeds from the January 16, 2019 Real Property Tax Sale. 3. Advising, drafting, finalizing and approving revised Salary Commission rules (if proposed salary increase or decrease is 10% or more, 2/3 supermajority of the Commission required to approve) and Planning Rules (Short-term rentals). 4. Reviewed and approved 1,236 legal documents. 5. Provided 321 legal opinions. 6. 867 documents reviewed and commented upon. 7. 195 long term projects completed. 8. Attorneys from this division made 1,172 appearances. For litigation, from July 1, 2018 to April 16, 2019, the program highlights are: 1. There were five dismissals, and County prevailed on three important cases: Santiago jury trial in September 2018 where a federal district court jury determined that force used by a police officer against Plaintiff Santiago was reasonable and thus County had no fault and Plaintiff paid County$10,000 for trial fees/costs; prior to last year's Election, the Counties prevailed against the State on the Ballot issue as to whether the State can assess a surcharge on real property taxes for education and the Hawai'i Supreme Court unanimously held no; and this month, a final judgment from a decision of a CAAP arbitrator, in a slip and fall case, found that Plaintiff was 60% at fault and thus County not liable for any damages. 2. 131 litigation cases were closed due to settlements, and dismissals or judgments in favor of the County. 3. $176,952.51 collected from collection cases from solid waste and wastewater divisions, and water[127,972 collections last year]. 4. Attorneys from this division made 339 appearances at hearings, trials and other proceedings. 5. Major challenges One of the primary challenges is to ensure the recruitment and retention of committed, dedicated and determined attorneys to protect, preserve and promote the best interests of the County. So, it is important that the salaries of the Corporation Counsel and his Assistant Corporation Counsel are at a comparable level of the other counties for a couple of reasons. First, our office is competing with other counties in Honorable George W. Campbell Chairman and Members of the Hawai'i County Salary Commission April 22, 2019 Page 4 of 4 recruiting the best available attorneys in the marketplace. And second, although we recruit and retain the best available attorneys, in time, another law firm, either public or private, may entice an attorney with an offer of better salaries and wages. Another major challenge is ensuring that our office have sufficient resources, both personnel and technological tools, to recognize and avoid unreasonable risk by early intervention to identify legal challenges and opportunities. Moreover, with adequate resources, our office has the ability and capability of handling more complicated and complex projects and major lawsuits. 6. Overtime Requirements Overtime for civil service personnel shall be governed by union contract. All overtime work must be justified and the work proven if requested. For the attorneys and appointed staff, there is no overtime. They are on duty 24/7. They all work beyond the 40 hours a week. Should you have any further questions about our office, please contact me or Assistant Corporation Counsel, Renee Schoen. Respectfully submitted, Digitally signed by Cathy 4 . Ferreira Date:2019.04.22 14:00:09 -10'00' JOSEPH K. KAMELAMELA Corporation Counsel JKK:clf Attachments County of Hawaii Office of the Corporation Counsel Table of Organization effective 7/01/17 CORPORATION COUNSEL Submitted by: 1 ZO-00021 JOSEPH K. KAMELAMELA date Corporation Counsel Approved by: PRIVATE SECRETARY PS-03206 ASSISTANT WIL OKABE date 'CORPORATION COUNSEL Managing Director zO-00022 ATTORNEYS&SUPPORT ANCILLARY COUNSELING&DRAFTING, t, CLERICAL&SUPPORT SECTION a LITIGATION SECTION , SECTION FISCAL&HR DEPUTY CORPORATION DEPUTY CORPORATION 2 4 COUNSEL t COUNSELSUPERVISING LEGAL ACCOUNTANT I Section Chief Section Chief 9 TECHNICIAN - SR-20 00-03203228 {Supervisor) {Supervisor) (Supervisor) CC-00064 CC-00081 00.00061 LITIGATION SUPPORT LEGAL TECHNICIAN It SECTION V SR-18 (Supervisor) t . ,, 00-02984 DEPUTY DEPUTY r i LEGAL CLAIMS CORPORATION CORPORATION , ASSISTANT,II n 'I INVESTIGATOR COUNSEL COUNSEL SR-20 ' ADJUSTOR „ l LEGAL CLERKS ` � LEGAL 00-04708 , SR-23 '' and CLERICAL TECHNICIANS CC-00023 CC-00048 100-03718(vacant) " '' 00-02708 ,v..,_..._�-. ° CC-40024 CC-00058 ri ' CC-00025CC-00065 CC-00083 CC-00084LEGAL CLERK III.SR-14 LEGAL TECHNICIAN I CC-00083 CC-00084 00-04241' SR-16 CC-00085 CC-00086 LEGAL CLERK II,SR 12 00-04455 (vacant)" 00-02933 00-02556 „ 00-03227 7 SR.CLERK-STENO,SR-11 a 00-03109(vacant)** 00-00060(vacant)*** Temp—temporarily reallocated from Legal Technician CLERK III,SR-10, Unfunded 00-04644 "'Return Rights OFFICE OF THE CORPORATION COUNSEL Telephone No.961-8251;Fax 961-8622;Direct Line: 961-8304+ext.no. *Effective April 2,2019 ATTORNEY EXT SECRETARY ASSIGNMENT BA VP I KAMELAMEI A, 4132 Cathy Ferreira Council Schoen Joseph (ext.4108) County Clerk Corporation Counsel Elections Legislative Auditor Mayor Prosecuting Attorney _Family Violence Advisory Commission SCHOEN,Renee 4123 Emarie Council Kamelamela Assistant Corporation Carvalho Human Resources Counsel (ext.4151) Liquor Department Mayor Police Fire Commission MARTIN,Laureen 4153 Emily Ilirayama Litigation (Martin to assign) Litigation Section (ext.4127) Chief MASUDA,Craig 4111 Mary Peddie Civil Defense Schoen/Kamelamela Counseling& Drafting (ext.41 13) Finance Section Chief Bankruptcy Foreclosures Pension Board Property Management Division Shippers Wharf Trust Acquisition/Condemnation {Masuda to assign) Fire Board of Appeals Yoshimoto(Liquor Liquor Adjudication Board Adjudication Board Liquor Commission only) HALL,Malia 4118 Maria Pagala Aging Yoshimoto d (ext.4102) Committee on Aging Committee on People w/Disabilities Housing Section 8 Hearings Prosecution Workforce Investment Board Mass Transit Transportation Commission Cost of Government Commission Game Management Advisory Commission Planning Commissions(Leeward/Windward) Police Commission Public Utilities Commission HEROLDT,Lerisa 4114 Jennifer Kualii Litigation (Martin to assign) (ext.4106) HOROWITZ,D. Kaena 4133 Emily Hirayama Litigation (Martin to assign) (ext.4127) Claims Interpleaders Law Clerk Internship Program . t KIM,Ronald 4116 Liza Osorio Planning Department Patel (ext.4103) Banyan Drive Redevelopment Agency Community Dev Plan Action Committees Cultural Resources Commission Kailua Village Design Commission Arborist Advisory Committee Board of Appeals for Planning Director Public Access Open Space&Natural Resources Preservation Commission MELLON-LACEY, 4120 Liza Osorio Environmental Management Wong Diana (ext.4103) Environmental Management Commission Solid Waste Advisory Commission a Masuda(Water only) Water Supply Water Board Committee on the Status of Women Land Use Commission Redistricting Commission MUKA1,John 4121 Emarie Litigation (Martin to assign) Carvalho Collections(Secy:Sharol Mahi) (ext.4151) Worker's Comp(as needed) I PATEL,Danny 4129 Jennifer Kualii Information Technology Kim (ext.4106) Public Works Construction Contracts Bicycle/Pedestrian Commission Highway Safety Council Board of Appeals for Public Works Director Dedication Deeds(Secy:Emily Hirayama) Salary Commission SON, Andrew 4117 Liza Osorio Litigation (Martin to assign) (ext.4103) TALON, Roland 4112 ....._._ MaryPeddie Litigation (Martin to assign) (ext.4113) Code Enforcement Litigation I WONG, Keyra 4128 Sharol Mahi Fire Department Mellon-Lacey (ext.4104) Public Works(DPW)(only the matters Kim(DPW only) below) Procurement Employment Contracts(non-construction) Research&Development Agricultural Advisory Commission Energy Advisory Commission Board of Appeals Real Property Tax Section 8 Hearings Officer YOSHIMOTO,J 4119 Sharol Mahi Parks&Recreation Hall (ext.4104) Veterans'Advisory Committee Board of Ethics(Secy:Maria Pagala) Charter Commission Merit Appeals Board Tax Board of Review SRP ;fid ,,,..... . 0;15 CARVALHO,Emarie 415.1 FERREIRA,Cathy 4108 HIRAYAMA,Emily 4127 KUALA,Jennifer 4106 ri—K.UNIYOSHI,Joyce 4101 MAHI,Sharol 4104 OSHIRO,RuAnn 4122 OSORIO,Liza 4103 PAGALA,Maria 4102 PEDDIE,Mary 4113 UNOKI,Joyce 4115 VICTORINE,Clifford (Clerical support for 4110 Cliff:Mary Peddie(ext. 4113) OFFICE OF THE CORPORATION COUNSEL COUNTY OF HAWAII FUNCTIONAL STATEMENT The Office of the Corporation Counsel supports County government by providing legal advice and representation to the Council, the Mayor, all departments, boards and commissions, and officers and employees in matters relating to their official duties. We strive to meet the County's diverse legal needs while always acting in furtherance of the public interest. Our Vision Statement, "We are the Answer," emphasizes the commitment of our staff to provide efficient and solution-oriented legal services while maintaining the highest standards of professionalism and integrity. The Corporation Counsel is appointed by the Mayor, and confirmed by the Hawaii County Council. Pursuant to the Hawaii County Charter, the Corporation Counsel is supervised by the Managing Director. The Assistant Corporation Counsel and Deputies Corporation Counsel are appointed by the Corporation Counsel and serve at will. Administration The Corporation Counsel is the Chief Legal Advisor and representative for the County of Hawai'i. The Corporation Counsel directs and administers departmental functions, programs, activities, and provides clerical, technical, personnel, and fiscal support services to all office divisions. The Corporation Counsel also coordinates and collects UIPA logs from County departments and agencies biannually and uploads data to OIP database online. Attorneys & Support All attorneys are licensed to practice law in the State and Federal Courts of Hawai'i, and are in good standing before the Hawai'i Supreme Court. Attorneys regularly provide training for county employees and board and commission members in a variety of areas, including ethics, civil liability, the sunshine law, government records law, contracts, procurement, and more. Counseling and Drafting The Counseling and Drafting Section provides legal advice and opinions to the executive and legislative branches of the County. Attorneys are responsible for drafting various documents, and reviewing, editing and approving all contracts, leases, easements, and rights-of-entries to which the County is a party. Attorneys are also responsible for attending all meetings of the Council and the various County boards and commissions. Litigation Section The Litigation Section represents the County and its officers and employees in lawsuits initiated by or against the County. The Section also handles workers' compensation claims and assists in code enforcement efforts and in collecting monies owed to the County. Litigation Support Section This section reviews and investigates all claims filed for or against the County to determine liability and financial exposure and then makes a recommendation regarding the claim's disposition. Support is provided to attorneys and Administration, to include site visits, interviewing witnesses, and examining evidence. This section also provides support to attorneys by conducting legal research, drafting court pleadings, assisting with discovery, coordinating witnesses, and assembling exhibits for hearings and trial. Ancillary Clerical and Support Section This section provide legal clerical support to the attorneys, and also provides clerical support to the Board of Ethics. Fiscal & HR This section oversees the department's fiscal program by preparing and managing the department's operating budget and maintaining all of the fiscal records including accounts payable, requisitions, and inventory, and is also responsible for human resources matters and documents relative to office personnel. CORPORATION COUNSEL DEPARTMENT SUMMARY Mission Statement The mission of the Office of the Corporation Counsel is to support County government by providing proactive and effective legal representation while maintaining the highest standards of professionalism and always acting in furtherance of the public interest. Department Goals I. Provide legal advice and representation to our County clients in a manner that promotes countywide goals and priorities. 2. Establish an environment that cultivates and encourages our office's core values of teamwork, accountability,professionalism, progress and service. 3. Support the professional development of our employees and provide a healthy working environment based on mutual respect. 4. To always strive for improvement, embracing new technology and other changes that enable us to perform our duties more efficiently and effectively. 5. Provide various trainings for at least 500 County officers and employees,to be proactive and keep our clients informed of relevant legal requirements and changes in the law. Funding Source and Position Count General Fund 3,019,892 General Fund 31 Grant Revenue 0 Grant Revenue/Other - Total Budget: 3,019,892 Total Number of Positions 31 1 CORPORATION COUNSEL LITIGATION DIVISION Program Description The Office of the Corporation Counsel provides legal representation on behalf of the County of Hawai`i, its officers,representatives and employees in resolving disputes such as lawsuits, arbitration, mediation and claims, filed against the County of Hawaii and its officers, representatives and employees. The Office also represents the County of Hawai`i and its officers, representatives and employees in judicial and quasi-judicial actions brought by the County of Hawai`i. Program Objectives 1. Offer training opportunities to each litigator at least twice a year,to provide them with tools to effectively represent the County and its employees. 2. Have at least monthly litigation meetings to review the status of cases,hear concerns and provide training and guidance. 3. Responsibly monitor pending lawsuits by recommending settlement only when quantifiable justifications exist. 2 CORPORATION COUNSEL LITIGATION DIVISION Program Highlights 1. The litigators prevailed at trial in a public accommodations discrimination case brought by a Kea'au Reuse and Recycle Center customer. The litigators also obtained over$5,000.00 in attorney fees when it prevailed on a motion to compel in a breach of contract case. In addition,the litigators have obtained numerous dismissals from the Equal Employment Opportunity Commission and the Hawai`i Civil Rights Commission. 2. The litigators settled three lawsuits,including a wrongful death case. The potential liability for these lawsuits exceeded several million dollars and the County successfully resolved these matters for$34,282.01. 3, The litigators obtained dismissals in multiple lawsuits, including two lawsuits filed in federal court which sought damages for the death of Randall Hatori. Similarly, dismissal was obtained in 20, LLC v. Kubojiri, which alleged the police wrongfully confiscated machines at an arcade. The litigators also obtained dismissals in Ventrella vs. County, which alleged wrongful search and seizure, as well as Hyland vs. Kato, in which Mr. Hyland sought declaratory and injunctive relief relative to the use of medical marijuana in section 8 housing. 4. 69 new claims against the County for damage or injury were investigated by our office. 17 of these claims were denied. Payments on claims totaled $148,071.85, which includes payments on new claims filed, as well as claims continuing from previous fiscal years. The litigators also assisted in filing property damage claims on behalf of the County and obtained a total of$21,805.34 for damages or repair to County property where another party was at fault. 5. The litigators also collected $165,174.36 in outstanding solid waste fees, water service fees and property damages owed to the County. 3 CORPORATION COUNSEL COUNSELING & DRAFTING Program Description The Counseling and Drafting Division provides legal advice and assistance to all County departments and County boards and commissions, including the County Council. The Division also provides legal representation on behalf of the County in administrative proceedings, including contested case hearings and agency appeals. Program Objectives 1. Training Opportunities. Offer training opportunities to each counseling and drafting attorney at least twice a year so that they continue to sharpen their legal skills and stay abreast of important developments in the law. 2. Review and approve documents. The Division will review and approve legal documents submitted by the various County departments and agencies promptly. This review will include a thorough analysis of potential exposure and liability. To the extent possible, 75%of legal documents shall be reviewed within seven business days. 3. Review and comment. The Division will review and comment on documents submitted by the various County departments and agencies promptly. To the extent possible, 75%of requests shall be completed within 21 business days. 4. Drafting documents and legislation. The Division will draft documents and legislation at the request of its County clients in a prompt manner. To the extent possible, 75%of requests shall be completed within 21 business days. 5. Legal Opinions. The Division will thoroughly research and draft legal opinions for its County clients in a prompt manner. To the extent possible, 75%of requests shall be completed within 21 business days. 6. Miscellaneous Requests for Legal Assistance,including Long-term Projects. The Division will respond to departmental and agency requests for legal service that may not involve a formal written response or extensive legal research. These miscellaneous requests may also include long-term projects, which are time-and resource-consuming. For requests not requiring a formal written response or extensive research, to the extent possible, 50%of all requests shall be completed within 21 business days. For long-term projects,to the extent possible, requests shall be completed within the time frame allocated for the project. 4 CORPORATION COUNSEL COUNSELING & DRAFTING Program Objectives (continued) 7. Training for County Officers and Employees,and Board and Commission Members. The department (both litigators and counseling and drafting attorneys) will provide training for at least 500 County officers,employees, officials, and members of boards and commissions,on relevant requirements and changes in law. Each attorney will conduct at least two training sessions. 8. Risk Management/Mitigation. The Division will continue to work with their respective clients in risk management activities, in conjunction with the County's risk manager. 5 CORPORATION COUNSEL COUNSELING & DRAFTING Program Highlights 1. Counseling and Drafting(C&D)attorneys have responded to more than 145 requests for assistance related to the lava eruptions that began on May 3rd in the East Rift Zone in Lower Puna and at Kilauea's Halema`uma`u Crater. It should be noted that these 145 requests typically generated multiple further requests for legal assistance that are unaccounted here due to the volume. The nature of the requests for assistance varied greatly and the range of topic and complexity of each were substantial. Advising and meeting on many issues such as the interplay of County authority with the Federal Aviation Administration, United States Department of the Interior, Federal Emergency Management Agency, United States Department of Defense, State of Hawai`i Emergency Management Agency, Hawai`i Department of Defense, Hawai`i Department of Health,and Hawai`i Department of Education, were compounded by the fact that all Federal and State agencies including the United States Geological Survey agreed that this kind of long term emergency has never occurred before and there was no standard protocol. Attorneys were involved with drafting numerous agreements and contracts by and between numerous governmental agencies, private companies,private landowners, nonprofit and for- profit corporations and organizations. 2. The C&D Division assisted the Department of Finance and Department of Environmental Management with the funding,acquisition of land,and contracting for the Lono Kona Sewers Project which protects Hawaii Island's resources and project area residents and businesses from thousands of dollars in fines from the Environmental Protection Agency. 3. Attorneys in this division assisted with two Tax Foreclosure Sales processing 270 parcels through the sale and the drafting of tax deeds resulting in over$300,000 in revenue to the County and placing these parcels back into the tax revenue stream. 4. The Department of Environmental Management was assisted with drafting and rulemaking for the styrofoam ordinance, increasing the tipping fees,and reconvening the Solid Waste Advisory Commission after nine years of dormancy. 5. This division assisted the Fire Department with the resurrection of the Fire Board of Appeals through drafting of the ordinance and rules. Fire Commission Rules were also revised. 6 CORPORATION COUNSEL LITIGATION/COUNSELING & DRAFTING Program Measures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Estimate Requests for Legal Representation(Includes litigation, administration hearings,arbitration and claims in which the 1,998 1,000 2,000 County is named as a party,collections and Boards and Commissions representation.) Requests for Legal Services(Includes all administrative requests such as approval of documents,drafting legislation, 3,989 4,000 4,000 opinions,etc.) Program Expenditures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Request Number of Positions 31 31 31 Salaries and Wages 2,120,876.46 2,359,237 2,385,312 Operations 522,730.70 629,160 629,160 Equipment 4,867.44 100 100 Program Total 2,648,474.60 2,988,497 3,014,572 7 CORPORATION COUNSEL LITIGATION/COUNSELING& DRAFTING Personnel Position Summary FY 2017-18 FY 2018-19 FY 2019-20 Position Title Authorized Authorized Request Corporation Counsel 1 1 l Assistant Corporation Counsel 1 1 1 Accountant 1 1 I I Claims Investigator-Adjustor 1 1 1 Clerk 1I1 1 . I 1 Deputy Corporation Counsel 12 12 12 _ Deputy Corporation Counsel Section Chief 2 2 2 Legal Assistant II 2 2 2 Legal Clerk 11 I - - Legal Clerk III - 1 1 Legal Technician I 5 5 5 Legal Technician II I I 1 Private Secretary I I 1 Sr.Clerk Stenographer 1 I I ry Supervising Legal Technician I I 1 Total 31 31 31 8 CORPORATION COUNSEL BOARD OF ETHICS Program Description The Board of Ethics administers and enforces the County Code of Ethics. It receives administrative support from the Office of the Corporation Counsel. Program Objectives 1. Review all requests for opinions in a prompt manner. Program Highlights In FY 2017-18,the Board continued efforts to educate County personnel to conform to the requirements of the County Code of Ethics. During the Fiscal Year 2017-18,the Board received one new petition, five requests for informal advisory opinions,and dispensed with two petitions deferred from FY 2016-17 as follows: 1. For the new petition,the Board found no violation of the Code of Ethics under fair treatment Hawai'i County Code("HCC") §2-83,contracts HCC §2-85 and post- employment HCC §2-91.2;. 2. Five requests for information advisory opinions— o the board found no violation of HCC§2-84(conflict of interest)on three requests for informal advisory opinions, o one request for an informal advisory opinion was withdrawn, o one request for an informal advisory opinion received in FY2017-18 is still pending,on the availability of the petitioner to appear; 3. Two petitions deferred from FY2016-17 were dismissed. Program Measures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Estimate Requests for Opinion I 1 1 5 Informal Advisory Opinions 5 18 8 Investigations and Investigative Hearings 0 1 Formal Opinions and Hearings 0 1 Program Expenditures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Request Operations 1,586.05 5,230 5,320 Program Total 1,586.05 5,230 5,320 9 This page intentionally left blank HUMAN RESOuRcEs APR 1 8 2019 40,w . Wit Okabe RECEIVED �o Managing Director Harry Kim •'A '�� Mayor Barbara J.Kossow Deputy Managing Director Count of PatoMt�t ®ffirr of Ell?Augur 25 Aupuni Street,Suite 2603 • Hilo,Hawat u 96720 • (808)961-8211 • Fax(808)9616553 KONA: 74-5044 Ane Keoholdilole Hwy.,Bldg C • Kailue-Kone.Hawaii 96740 (808)323-4444 • Fax(808)323-4440 April 18,2019 MEMORANDUM TO: William V.Brilhante,Jr.,Direc r oHuman Resources FROM: Wil Okabe,Managing Director RE: Salary Commission's Inquiry to partments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 201 -2020 This is in response to your March 21,2019,email request for information about our agency for the Hawaii County Salary Commission. The following are my responses to the questions posed: 1. What are the primary duties and responsibilities of the department/agency head' The Mayor shall be the chief executive officer of the county vested with all the executive powers of the county,except as otherwise provided by this charter. The mayor shall have the power to: (a) Through the managing director supervise and coordinate all executive agencies of the county,except as otherwise provided by this charter. (b) Appoint necessary staff for which appropriations have been made by the council. All positions in the mayor's office shall be exempt from civil service laws and classifications. (c) Create positions,including position of deputy or assistant to each head of an agency where such position has not been created by this charter,for which appropriations have been made by the council and abolish positions with the consent of council. (d) Make transfers of positions between agencies or between subdivisions of agencies subject to applicable civil service regulations. (e) Recommend to the council a pay plan for all officers and employees of the county or any of its boards and commissions,except those whose pay is otherwise provided for;provided that the salary of any officer or employee who is exempt from the civil service laws shall be subject to approval by the council and the mayor. (f) Submit an operating budget,an operating program,a capital budget and a capital program annually to the council. 2. How many employees does the department/agency employ? We employee twenty-five,however,two employees are County Physicians and four are unfunded. 3. What is the departmendagency organizational structure? Please see the attached. 4. What is the department/agency operating budget and funding encompass? The operating budget and funding include salaries,wages,operations,equipment,projects,commissions and sister-cities. County of Hawaii is an Equal Opportunity Provider and Employer. TAB 1 ATT. E k k J 2 - a & � ka § a7 • § 77 ..0. I I ` � - eX 2 1. CV Ti GO) ) 6 OS § c L LLI Mo \ �- L vs• \ $ � � � § a � 0 0 Zam 2 4 \ • \ 2 k / 2 { 2a� „ . } � - � § © ▪ b « § 2q $ � f * k a. w & § 0 o kCI Z I— = 4C ' — �} \ . \ = _ Z e• ,. 0 0, _ cm \ = W cZ 2 : - � � � � k E tE _ ai $ $ � � f 00 6 on 2 \ .2 2 El_ 00 ■� r. r 1 I� »Q 4 4J � # 0 a ; & ; § k3 % co Q §co §Lo co \ ceB Lo =ZE _ - - 3 - a ' . - � � r, � % eo§ ■ § I \ \\ ! iI 7 ! / § I-- � � N � \ � - � — x C. 43 =1 3 ak = w j coU Q 0 Harry Kim ;;«= Joseph K. Kamelamela Mayor ' _'' •''% Corporation Counsel .T., • Renee N. C. Schoen ••••.; .:. Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo,Hawaii 96720 • (808)961-8251 • Fax(808)961-8622 April 22, 2019 HUMAN RESOURCES APR 2 22019 Honorable George W. Campbell, Chairman and Members of the Hawai'i County Salary Commission RECEIVED County of Hawai'i 101 Pauahi Street, Suite 2 Hilo, HI 96720 Dear Chairman Campbell and Commission Members: Thank you for your Commission's e-mail request of March 21, 2019 and the opportunity to provide a brief presentation of our department's role in the County, our office's organizational structure, our operating budget and funding, the major challenges our department face, and our overtime requirements. I will be present at the May 16, 2019 Commission meeting to answer any questions you may have. Office of the Corporation Counsel 1. Civil Attorney for the County, its Officers and its Employees The duties and responsibilities of the Office of the Corporation Counsel are set forth in Section 6-5.3 of the Charter as follows: The corporation counsel shall be the chief legal advisor and legal representative of all county agencies, the council and all officers and employees in matters related to their official powers and duties. The corporation counsel shall represent the county in all civil legal proceedings and shall perform all other services incident to the office as may be required by law. The corporation counsel shall, however, be prohibited from representing any elected officer in impeachment proceedings. In addition, for any contract or agreement in which the County is a party, the corporation counsel must review and approve. Section 13-13 of the Charter provides as follows: The county may enter into contracts with private parties, other counties, the State or the United States for the performance of any function or activity which the Hawaii County is an Equal Opportunity Employer and Provider Honorable George W. Campbell Chairman and Members of the Hawai'i County Salary Commission April 22, 2019 Page 2 of 4 county is authorized to perform. All written contracts to which the county is a party shall: (a) Be approved by the corporation counsel as to form and legality. . . . 2. Brief Functional Statement, Organizational Chart and Assignments. As the chief legal advisor and representative of the County, this office serves as the law firm for our County, providing legal representation and support for 20 departments, 2700+ officers and employees, and 37 active boards and commissions (with 250 members; and although there are also 4 inactive boards and commission, in 2020, the 9 members of the County Redistricting Commission will be appointed and confirmed by July 1, 2020). See attached Assignment Sheet We have 15 attorneys, with 9 attorneys in our counseling and drafting division (averaging over 11 years of legal experience)and 6 in our litigation division (averaging over 15 years of legal experience). Our support staff of 12 consists of one private secretary, one accountant, one investigator/claims adjuster, one legal assistant, three legal technicians, two legal clerks and one clerk. See attached Functional Statement and Organizational Chart. 3. Budget Our budget request for fiscal year 2019-2020 ("FY19-20") is $3,019,892. See attached Corporation Counsel Program Budget FY19-20, page 1. This request is a slight increase from last year's budget due to salary increases. Seventy-nine per cent of the budget is for salary and wages. The remainder is what is necessary to run our law office. 4. Program Highlights Our office is committed to providing the best legal services for the County by working collaboratively with all County employees and officials. See attached Corporation Counsel Program Budget FY19-20, including FY18-19 program highlights for litigation on page 3 and for counseling and drafting on page 6. In order to practice proactive law, we routinely provide training to all County employees in a wide range of areas such as civil liability, conducting internal investigations, ethics, contracts, procurement, and employment discipline. In the last fiscal year, that is, FY17-18, the office offered 26 different classes and trained a total of 900 County officers and employees; as of April 18, 2019, the office offered 11 different classes and trained a total of 465 County officers and employees. Honorable George W. Campbell Chairman and Members of the Hawai'i County Salary Commission April 22, 2019 Page 3 of 4 For counseling and drafting, from July 1, 2018 to April 16, 2019, the program highlights are: 1. Work with departments on lava recovery. 2. Draft and finalize over 60 tax deeds from the January 16, 2019 Real Property Tax Sale. 3. Advising, drafting,finalizing and approving revised Salary Commission rules (if proposed salary increase or decrease is 10% or more, 2/3 supermajority of the Commission required to approve) and Planning Rules (Short-term rentals). 4. Reviewed and approved 1,236 legal documents. 5. Provided 321 legal opinions. 6. 867 documents reviewed and commented upon. 7. 195 long term projects completed. 8. Attorneys from this division made 1,172 appearances. For litigation, from July 1, 2018 to April 16, 2019, the program highlights are: 1. There were five dismissals, and County prevailed on three important cases: Santiago jury trial in September 2018 where a federal district court jury determined that force used by a police officer against Plaintiff Santiago was reasonable and thus County had no fault and Plaintiff paid County$10,000 for trial fees/costs; prior to last year's Election, the Counties prevailed against the State on the Ballot issue as to whether the State can assess a surcharge on real property taxes for education and the Hawai'i Supreme Court unanimously held no; and this month, a final judgment from a decision of a CAAP arbitrator, in a slip and fall case, found that Plaintiff was 60% at fault and thus County not liable for any damages. 2. 131 litigation cases were closed due to settlements, and dismissals or judgments in favor of the County. 3. $176,952.51 collected from collection cases from solid waste and wastewater divisions, and water[127,972 collections last year]. 4. Attorneys from this division made 339 appearances at hearings, trials and other proceedings. 5. Major challenges One of the primary challenges is to ensure the recruitment and retention of committed, dedicated and determined attorneys to protect, preserve and promote the best interests of the County. So, it is important that the salaries of the Corporation Counsel and his Assistant Corporation Counsel are at a comparable level of the other counties for a couple of reasons. First, our office is competing with other counties in Honorable George W. Campbell Chairman and Members of the Hawai'i County Salary Commission April 22, 2019 Page 4 of 4 recruiting the best available attorneys in the marketplace. And second, although we recruit and retain the best available attorneys, in time, another law firm, either public or private, may entice an attorney with an offer of better salaries and wages. Another major challenge is ensuring that our office have sufficient resources, both personnel and technological tools, to recognize and avoid unreasonable risk by early intervention to identify legal challenges and opportunities. Moreover, with adequate resources, our office has the ability and capability of handling more complicated and complex projects and major lawsuits. 6. Overtime Requirements Overtime for civil service personnel shall be governed by union contract. All overtime work must be justified and the work proven if requested. For the attorneys and appointed staff, there is no overtime. They are on duty 24/7. They all work beyond the 40 hours a week. Should you have any further questions about our office, please contact me or Assistant Corporation Counsel, Renee Schoen. Respectfully submitted, Digitally signed by Cathy Ferreira Date:2019.04.22 14:00:09 -10'00' JOSEPH K. KAMELAMELA Corporation Counsel JKK:clf Attachments County of Hawai'i Office of the Corporation Counsel Table of Organization effective 7/01/17 , CORPORATION COUNSEL Submitted by: i ZO-00021 JOSEPH K. KAMELAMELA date Corporation Counsel Approved by: PRIVATE SECRETARY PS-03206 ASSISTANT WIL OKABE date ? CORPORATION COUNSEL Managing Director ZO-00022 ATTORNEYS&SUPPORT ANCILLARY COUNSELING&DRAFTING LITIGATIONCLERICAL&SUPPORTA SECTION FISCAL&HR SECTION i SECTION DEPUTY CORPORATION ' DEPUTY CORPORATION COUNSELSUPERVISING LEGAL ACCOUNTANT I COUNSEL Section Chief Section Chief TECHN20 SR-18 SR-20 00-03228 (Supervisor) (Supervisor) (Supervisor) CC-00064 CC-00081 00-00061 LITIGATION SUPPORT LEGAL TECHNICIAN II SECTION SR-18 (Supervisor) ,..., 00-02984 DEPUTY k DEPUTY LEGAL CLAIMS CORPORATION ' CORPORATION xi r ASSISTANT,II INVESTIGATOR COUNSEL COUNSEL ( SR-20 ' ADJUSTOR LEGAL CLERKS f LEGAL 00-04708 SR-23 and CLERICAL TECHNICIANS CC 00023 CC-00048 , 00-03718(vacant) , ` 00-02708 CC-00024 CC-00058 CC-00025 CC-00065 CC-00054 CC-00078 CC-000$3 CC-00084 LEGAL CLERK III,SR 14 LEGAL TECHNICIAN I CC-00085 00-04241' SR-16 CC-00086 LEGAL CLERK II,SR-12 vacant 00-02556 (vacant)** 00-02933 00-02556 00-03227 SR.CLERK-STENO,SR-11 'r 00-03109(vacant)•' 00-00060(vacant) " Temp—temporarily reallocated from Legal Technician CLERK III,SR-10, "" Unfunded 00-04644 "'"Return Rights OFFICE OF THE CORPORATION COUNSEL Telephone No.961-8251;Fax 961-8622; Direct Line: 961-8304+ext.no. *Effective April 2,2019 ATTORNEY .° ` t BAG'S UP KAMELAMELA, 4132 Cathy Ferreira Council Schoen Joseph (ext.4108) County Clerk Corporation Counsel Elections Legislative Auditor Mayor Prosecuting Attorney Family Violence Advisory Commission SCHOEN,Renee 4123 Emarie Council Kamelamela Assistant Corporation Carvalho Human Resources Counsel (ext.4151) Liquor Department Mayor Police Fire Commission MARTIN,Laureen 4153 Emily llirayama Litigation (Martin to assign) Litigation Section (ext.4127) Chief MASUDA,Craig 4111 Mary Peddie Civil Defense Schoen/Kamelamela Counseling& Drafting (ext.4113) Finance Section Chief Bankruptcy Foreclosures Pension Board Property Management Division Shippers Wharf Trust Acquisition/Condemnation {Masuda to assign) Fire Board of Appeals Yoshimoto(Liquor Liquor Adjudication Board Adjudication Board Liquor Commission only) HALL,Malia 4118 Maria Pagala Aging Yoshimoto (ext.4102) Committee on Aging Committee on People w/Disabilities Housing Section 8 Hearings Prosecution Workforce Investment Board Mass Transit Transportation Commission Cost of Government Commission Game Management Advisory Commission Planning Commissions(Leeward/Windward) Police Commission Public Utilities Commission HEROLDT,Lerisa 4114 Jennifer Kualii Litigation (Martin to assign) (ext.4106) HOROWITZ,D. Kaena 4133 Emily Hirayama Litigation (Martin to assign) (ext.4127) Claims Interpleaders Law Clerk Internship Program ATTORNEY .11* M I � is h =UP KIM,Ronald 4116 Liza Osorio Planning Department Patel (ext.4103) Banyan Drive Redevelopment Agency Community Dev Plan Action Committees Cultural Resources Commission Kailua Village Design Commission Arborist Advisory Committee Board of Appeals for Planning Director Public Access Open Space&Natural Resources Preservation Commission MELLON-LACEY, 4120 Liza Osorio Environmental Management Wong Diana (ext.4103) Environmental Management Commission Solid Waste Advisory Commission I Masuda(Water only) Water Supply Water Board Committee on the Status of Women Land Use Commission Redistricting Commission MUKAI,John 4121 Emarie Litigation (Martin to assign) Carvalho Collections(Sec'y:Sharol Mahi) (ext.4151) Worker's Comp(as needed) PATEL,Danny 4129 Jennifer Kualii Information Technology Kim (ext.4106) Public Works Construction Contracts Bicycle/Pedestrian Commission Highway Safety Council Board of Appeals for Public Works Director Dedication Deeds(Secy:Emily Hirayama) Salary Commission SON, Andrew 4117 Liza Osorio Litigation (Martin to assign) (ext.4103) TALON,Roland 4112 Mary Peddie Litigation (Martin to assign) (ext.4113) Code Enforcement Litigation WONG, Keyra 4128 Sharol Mahi Fire Department Mellon-Lacey (ext.4104) Public Works(DPW)(only the matters Kim(DPW only) below) Procurement Employment Contracts(non-construction) Research&Development Agricultural Advisory Commission Energy Advisory Commission Board of Appeals Real Property Tax Section 8 Hearings Officer YOSHIMOTO,J 4119 Sharol Mahi Parks&Recreation Hall (ext.4104) Veterans'Advisory Committee Board of Ethics(Secy:Maria Pagala) Charter Commission Merit Appeals Board Tax Board of Review EKT CARVALHO,Emarie 415.1 FERREIRA,Cathy 4108 HIRAYAMA,Emily 4127 KUALII,Jennifer 4106 KUNIYOSHI,Joyce 4101 MAHI,Sharol 4104 OSHIRO,RuAnn 4122 OSORIO,Liza 4103 PAGALA,Maria 4102 PEDDIE,Mary 4113 VICTORINE,Clifford (Clerical support for UNOKI,Joyce 4115 4110 1 Cliff:Mary Peddie(ext. 4113) OFFICE OF THE CORPORATION COUNSEL COUNTY OF HAWAII FUNCTIONAL STATEMENT The Office of the Corporation Counsel supports County government by providing legal advice and representation to the Council, the Mayor, all departments, boards and commissions, and officers and employees in matters relating to their official duties. We strive to meet the County's diverse legal needs while always acting in furtherance of the public interest. Our Vision Statement, "We are the Answer,"emphasizes the commitment of our staff to provide efficient and solution-oriented legal services while maintaining the highest standards of professionalism and integrity. The Corporation Counsel is appointed by the Mayor, and confirmed by the Hawai'i County Council. Pursuant to the Hawaii County Charter, the Corporation Counsel is supervised by the Managing Director. The Assistant Corporation Counsel and Deputies Corporation Counsel are appointed by the Corporation Counsel and serve at will. Administration The Corporation Counsel is the Chief Legal Advisor and representative for the County of Hawai'i. The Corporation Counsel directs and administers departmental functions, programs, activities, and provides clerical, technical, personnel, and fiscal support services to all office divisions. The Corporation Counsel also coordinates and collects UIPA logs from County departments and agencies biannually and uploads data to OIP database online. Attorneys & Support All attorneys are licensed to practice law in the State and Federal Courts of Hawai'i, and are in good standing before the Hawai'i Supreme Court. Attorneys regularly provide training for county employees and board and commission members in a variety of areas, including ethics, civil liability, the sunshine law, government records law, contracts, procurement, and more. Counseling and Drafting The Counseling and Drafting Section provides legal advice and opinions to the executive and legislative branches of the County. Attorneys are responsible for drafting various documents, and reviewing, editing and approving all contracts, leases, easements, and rights-of-entries to which the County is a party. Attorneys are also responsible for attending all meetings of the Council and the various County boards and commissions. Litigation Section The Litigation Section represents the County and its officers and employees in lawsuits initiated by or against the County. The Section also handles workers' compensation claims and assists in code enforcement efforts and in collecting monies owed to the County. Litigation Support Section This section reviews and investigates all claims filed for or against the County to determine liability and financial exposure and then makes a recommendation regarding the claim's disposition. Support is provided to attorneys and Administration, to include site visits, interviewing witnesses, and examining evidence. This section also provides support to attorneys by conducting legal research, drafting court pleadings, assisting with discovery, coordinating witnesses, and assembling exhibits for hearings and trial. Ancillary Clerical and Support Section This section provide legal clerical support to the attorneys, and also provides clerical support to the Board of Ethics. Fiscal & HR This section oversees the department's fiscal program by preparing and managing the department's operating budget and maintaining all of the fiscal records including accounts payable, requisitions, and inventory, and is also responsible for human resources matters and documents relative to office personnel. CORPORATION COUNSEL DEPARTMENT SUMMARY Mission Statement The mission of the Office of the Corporation Counsel is to support County government by providing proactive and effective legal representation while maintaining the highest standards of professionalism and always acting in furtherance of the public interest. Department Goals I. Provide legal advice and representation to our County clients in a manner that promotes countywide goals and priorities. 2. Establish an environment that cultivates and encourages our office's core values of teamwork, accountability, professionalism, progress and service. 3. Support the professional development of our employees and provide a healthy working environment based on mutual respect. 4. To always strive for improvement, embracing new technology and other changes that enable us to perform our duties more efficiently and effectively. 5. Provide various trainings for at least 500 County officers and employees, to be proactive and keep our clients informed of relevant legal requirements and changes in the law. Funding Source and Position Count General Fund 3,019,892 General Fund 31 Grant Revenue 0 Grant Revenue/Other Total Budget: 3,019,892 Total Number of Positions 31 1 CORPORATION COUNSEL LITIGATION DIVISION Program Description The Office of the Corporation Counsel provides legal representation on behalf of the County of Hawai`i, its officers,representatives and employees in resolving disputes such as lawsuits,arbitration, mediation and claims, filed against the County of Hawai`i and its officers, representatives and employees. The Office also represents the County of Hawai`i and its officers, representatives and employees in judicial and quasi-judicial actions brought by the County of Hawaii. Program Objectives I. Offer training opportunities to each litigator at least twice a year, to provide them with tools to effectively represent the County and its employees. 2. Have at least monthly litigation meetings to review the status of cases,hear concerns and provide training and guidance. 3. Responsibly monitor pending lawsuits by recommending settlement only when quantifiable justifications exist. 2 CORPORATION COUNSEL LITIGATION DIVISION Program Highlights 1. The litigators prevailed at trial in a public accommodations discrimination case brought by a Kea'au Reuse and Recycle Center customer. The litigators also obtained over$5,000.00 in attorney fees when it prevailed on a motion to compel in a breach of contract case. In addition,the litigators have obtained numerous dismissals from the Equal Employment Opportunity Commission and the Hawai`i Civil Rights Commission. 2. The litigators settled three lawsuits, including a wrongful death case. The potential liability for these lawsuits exceeded several million dollars and the County successfully resolved these matters for$34,282.01. 3. The litigators obtained dismissals in multiple lawsuits, including two lawsuits filed in federal court which sought damages for the death of Randall Hatori. Similarly, dismissal was obtained in 20, LLC v. Kubojiri, which alleged the police wrongfully confiscated machines at an arcade. The litigators also obtained dismissals in Ventrella vs. County, which alleged wrongful search and seizure,as well as Hyland vs. Kato, in which Mr. Hyland sought declaratory and injunctive relief relative to the use of medical marijuana in section 8 housing. 4. 69 new claims against the County for damage or injury were investigated by our office. 17 of these claims were denied. Payments on claims totaled $148,071.85, which includes payments on new claims filed, as well as claims continuing from previous fiscal years. The litigators also assisted in filing property damage claims on behalf of the County and obtained a total of$21,805.34 for damages or repair to County property where another party was at fault. 5. The litigators also collected $165,174.36 in outstanding solid waste fees, water service fees and property damages owed to the County. 3 CORPORATION COUNSEL COUNSELING & DRAFTING Program Description The Counseling and Drafting Division provides legal advice and assistance to all County departments and County boards and commissions, including the County Council. The Division also provides legal representation on behalf of the County in administrative proceedings, including contested case hearings and agency appeals. Program Objectives 1. Training Opportunities. Offer training opportunities to each counseling and drafting attorney at least twice a year so that they continue to sharpen their legal skills and stay abreast of important developments in the law. 2. Review and approve documents.The Division will review and approve legal documents submitted by the various County departments and agencies promptly. This review will include a thorough analysis of potential exposure and liability. To the extent possible, 75%of legal documents shall be reviewed within seven business days. 3. Review and comment. The Division will review and comment on documents submitted by the various County departments and agencies promptly. To the extent possible, 75%of requests shall be completed within 21 business days. 4. Drafting documents and legislation. The Division will draft documents and legislation at the request of its County clients in a prompt manner. To the extent possible, 75%of requests shall be completed within 21 business days. 5. Legal Opinions. The Division will thoroughly research and draft legal opinions for its County clients in a prompt manner. To the extent possible, 75%of requests shall be completed within 21 business days. 6. Miscellaneous Requests for Legal Assistance,including Long-term Projects. The Division will respond to departmental and agency requests for legal service that may not involve a formal written response or extensive legal research. These miscellaneous requests may also include long-term projects,which are time-and resource-consuming. For requests not requiring a formal written response or extensive research, to the extent possible, 50%of all requests shall be completed within 21 business days. For long-term projects,to the extent possible, requests shall be completed within the time frame allocated for the project. 4 CORPORATION COUNSEL COUNSELING & DRAFTING Program Objectives (continued) 7. Training for County Officers and Employees,and Board and Commission Members. The department (both litigators and counseling and drafting attorneys) will provide training for at least 500 County officers,employees, officials, and members of boards and commissions,on relevant requirements and changes in law. Each attorney will conduct at least two training sessions. 8. Risk Management/Mitigation.The Division will continue to work with their respective clients in risk management activities, in conjunction with the County's risk manager. 5 CORPORATION COUNSEL COUNSELING Sr DRAFTING Program Highlights 1. Counseling and Drafting(C&D)attorneys have responded to more than 145 requests for assistance related to the lava eruptions that began on May 3rd in the East Rift Zone in Lower Puna and at Kilauea's Halema`uma`u Crater. It should be noted that these 145 requests typically generated multiple further requests for legal assistance that are unaccounted here due to the volume. The nature of the requests for assistance varied greatly and the range of topic and complexity of each were substantial. Advising and meeting on many issues such as the interplay of County authority with the Federal Aviation Administration, United States Department of the Interior, Federal Emergency Management Agency, United States Department of Defense, State of Hawaii Emergency Management Agency, Hawaii Department of Defense, Hawai`i Department of Health,and Hawaii Department of Education, were compounded by the fact that all Federal and State agencies including the United States Geological Survey agreed that this kind of long term emergency has never occurred before and there was no standard protocol. Attorneys were involved with drafting numerous agreements and contracts by and between numerous governmental agencies, private companies,private landowners,nonprofit and for- profit corporations and organizations. 2. The C&D Division assisted the Department of Finance and Department of Environmental Management with the funding,acquisition of land,and contracting for the Lono Kona Sewers Project which protects Hawaii Island's resources and project area residents and businesses from thousands of dollars in fines from the Environmental Protection Agency. 3. Attorneys in this division assisted with two Tax Foreclosure Sales processing 270 parcels through the sale and the drafting of tax deeds resulting in over$300,000 in revenue to the County and placing these parcels back into the tax revenue stream. 4. The Department of Environmental Management was assisted with drafting and rulemaking for the styrofoam ordinance, increasing the tipping fees, and reconvening the Solid Waste Advisory Commission after nine years of dormancy. 5. This division assisted the Fire Department with the resurrection of the Fire Board of Appeals through drafting of the ordinance and rules. Fire Commission Rules were also revised. 6 CORPORATION COUNSEL LITIGATION/COUNSELING & DRAFTING Program Measures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Estimate Requests for Legal Representation(Includes litigation, administration hearings,arbitration and claims in which the 1,998 1,000 2,000 County is named as a party,collections and Boards and Commissions representation.) Requests for Legal Services(Includes all administrative requests such as approval of documents,drafting legislation, 3,989 4,000 4,000 opinions,etc.) Program Expenditures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Request Number of Positions 31 31 31 Salaries and Wages 2,120,876.46 2,359,237 2,385,312 Operations 522,730.70 629,160 629,160 Equipment 4,867.44 100 100 Program Total 2,648,474.60 2,988,497 3,014,572 7 CORPORATION COUNSEL LITIGATION/COUNSELING.. . T / ELING & DRAFTING Personnel Position Summary FY 2017-18 FY 2018-19 FY 2019-20 Position Title Authorized Authorized Request Corporation Counsel 1 1 I Assistant Corporation Counsel 1 1 Accountant I I I 1 Claims Investigator-Adjustor 1 I Clerk III 1 . I 1 Deputy Corporation Counsel 12 12 12 Deputy Corporation Counsel Section Chief 2 2 2 Legal Assistant II 2 2 2 Legal Clerk II I - - Legal Clerk III - I 1 Legal Technician I 5 5 5 Legal Technician II I I I Private Secretary I I I Sr.Clerk Stenographer I I 1 Supervising Legal Technician I I 1 Total 31 31 31 8 CORPORATION COUNSEL BOARD OF ETHICS Program Description The Board of Ethics administers and enforces the County Code of Ethics. It receives administrative support from the Office of the Corporation Counsel. Program Objectives 1. Review all requests for opinions in a prompt manner. Program Highlights In FY 2017-18,the Board continued efforts to educate County personnel to conform to the requirements of the County Code of Ethics. During the Fiscal Year 2017-18,the Board received one new petition, five requests for informal advisory opinions,and dispensed with two petitions deferred from FY 2016-17 as follows: 1. For the new petition,the Board found no violation of the Code of Ethics under fair treatment Hawai'i County Code ("HCC") §2-83, contracts HCC §2-85 and post- employment HCC §2-91.2; 2. Five requests for information advisory opinions— o the board found no violation of HCC§2-84(conflict of interest)on three requests for informal advisory opinions, o one request for an informal advisory opinion was withdrawn, o one request for an informal advisory opinion received in FY2017-18 is still pending, on the availability of the petitioner to appear; 3. Two petitions deferred from FY2016-17 were dismissed. Program Measures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Estimate Requests for Opinion 1 11 5 Informal Advisory Opinions 5 18 8 Investigations and Investigative Hearings 0 1 I Formal Opinions and Hearings 0 1 1 Program Expenditures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Request Operations 1,586.05 5,230 5,320 Program Total 1,586.05 5,230 5,320 9 This page intentionally left blank JON HENRICKS AARON BROWN (minty(krk •• Deputy County Clerk • • 1411,31IAN RESOURCES County of Hawatst Office of the County Clerk APR 1 7 2019 25 Aupuni Street,Suite 1402 • 11th,.Hawaii wino isusi wil-8255 • Fax(808)961-8912 RECEIVED April 17, 2019 County of I lawai'l Salary Commission Aupuni Center 101 Pauahi Street,Suite 2 Hilo. hawaii 9020 Chair Campbell, Vice-Chair Fratinardo and Members of the Commission: '1 hank you for the opportunity to share with the Salary Commission and public a summary of the Legislative Branches functions,duties,and responsibilities; i.e.what we are,who we are,and how we accomplish our objectives. The Legislative Branch is comprised of the Office of the County Clerk and the Hawaii County Council, As such,this brief report covers both components,as they are inexorably intertwined through the provisions of the Hawaii County Charter and the Rules of Procedure and Organization of the Council of the County of Hawaii, Our office strives to establish high standards for success,with the understanding that it is our privilege to serve the community, which is comprised of our families, friends,and neighbors. We set a simple and achievable goal: to become just a little bit better at what we do each and every day. realizing that over time, we will become substantially better at serving the community. These simple principles create an environment where we can successfully perform our duties,create quality work products, and exhibit the best qualities of a public servant. I hope that the information provided below and within the attached addendurns provides a clear,accurate, and comprehensive depiction of the operations of the Legislative Branch. Regardless, I will attend the Salary Commission meeting and would be pleased to answer any questions and engage in discussion at that time. Sincerely. .or Jon Ilenricks County Clerk Hawar'1 County t. an Equal Opportunay Prorlder and Employer TAB 3 1. What are the primary duties and responsibilities of the department/agency head? The County Clerk is the director of the operations for the Legislative Branch for the County of Hawai`i,whose primary duties and responsibilities include: • Providing management and administrative services for the various divisional departments of the Office of the County Clerk; • Be the Chief Elections Officer for the County of Hawaii; • Prepare Department budget—monitor and approve expenditures; • Procurement of goods and services; • Act as the parliamentarian for meetings of the Council and its Committees; • Providing technical and secretarial services to the Charter Commission and the Redistricting Commission; and • Assist the Council Chair in the carrying out of his or her duties. The Council Chair is the Presiding Officer of the Council,whose primary duties include: • Presiding over meetings of the Hawai`i County Council,ensuring that business is handled in an orderly, efficient,and lawful manner; • Review and approve documents, including contracts, travel authorization,and official acts of the Council; • Receive and process all referrals to the Council,including Communications,Bills and Resolutions; • Coordinate all meetings, functions,and legislative activities of the Council; • Serve as the chief spokesperson and representative of the Council; • Ensure adequate staff support is available for Committee and Council meetings,and for ad hoc committees of the Council; and • Establish the Council Calendar,which includes Council and Committee meeting dates, agenda deadlines, special meetings,and notation of conferences and events relevant to the Council's business. 2. How many employees does the department/agency employ? There are 64 full-time,year-round staff.During the Election season, there are 85 full-time staff. Please reference the Personnel Position Summary on pages 2 and 8 of the attached addendum for details. 3. What is the department/agency organizational structure? The Legislative Branch includes the Office of the County Clerk and the Hawai`i County Council. The Hawai`i County Council is comprised of nine members,each elected from one of Hawai`i County's nine council districts and serving two-year terms.Each member has one Legislative Assistant and one Council Aide on staff. The Council Chair maintains an additional four staff members to handle business, duties,and responsibilities specific to the Council Chair. The Office of the County Clerk is comprised of the following departmental divisions: • Administrative Services; • Council Services; • Elections Division; • Legislative Research Branch; and • Support Services. For details,please see addendum. Page 2 4. What is the department/agency operating budget and funding encompass? For Fiscal Year 2019-2020: Clerk-Council Services Salaries&Wages $3,073,740 Clerk-Council Services Other Current Expenditures 385,020 Clerk-Council Services Equipment 35,500 HSAC/NACO 51,500 Reprographics 75,320 Postage-Council Services 174,7q2 Contingency Relief 270,000 Elections Salaries&Wages 471,572 Elections Other Current Expenditures 516,000 Elections Equipment 60,600 Total $5,114,014 5. What major challenges does the department/agency heads face? The day-to-day operations of the Legislative Branch do not present any major challenges to management and staff.We are equipped,prepared,and able to provide quality services to the Council,County,and residents of Hawai`i Island. However, each new council term typically results in new council members,new staff,and a change in council leadership. Our responsibility is to maintain a stable,coordinated,and efficient work environment while also embracing fresh approaches,new ideas, and intriguing personality dynamics. We do so by installing and implementing programs and policies that can be maintained over the test of time, and the changing of the guard,so to speak. Additionally,like any governmental organization,we are subject to evolving and new laws, regulations, and events beyond our control. We view these moments as opportunities for growth and to demonstrate our capacity to successfully navigate extraordinary circumstances and requirements. 6. Are there any overtime requirements of the department/agency? Overtime is necessary to perform core services and special duties required by special projects and events. In FY18-19 we budgeted for$87,500 for overtime.Additionally, exempt staff positions receive hour-for-hour leave compensation for work performed outside of regular working hours. District staff regularly provide support for their council members efforts in evenings and weekends. Appointed clerk staff regularly provide support for the County Clerk and Hawai`i County Council during committee meetings,council meetings,Charter Commission meetings and public hearings, and other special projects that require attention outside of the regular hours of operations. Our Office strives to strike a balance between appropriate staffing levels and the use of overtime. Management's duty is to encourage and prepare staff to be ready,willing,and able to put in extra hours when duty calls,while also being cognizant of the value of time away from work and the natural and reasonable limitations that each person is subject to. Page 3 Office of the County Clerk and the Hawaii County Council The Office of the County Clerk strives each day to make Hawai`i County a better place by: (1) providing the highest quality resources,staff,and support to the Hawai`i County Council so that it can create effective and thoughtful policy; (2) keeping accurate records of the Council's actions,including maintenance of the Hawai`i County Code and Hawai`i County Charter; (3) ensuring secure and accurate elections for all Federal, State,and County races and questions, where the electorate may participate in a convenient and lawful manner; and (4) supporting all agencies and departments of the County by providing reprographic services and distribution of mail and interdepartmental parcels. Department Goals and Kuleana 1. To ensure the Council complies with all legal notice requirements for its meetings. 2. To assist the public with providing effective,meaningful input to the legislative process. 3. To ensure the timely processing of all proposals received for consideration by the Council. 4. To prepare minutes of all Council and Committee meetings. 5. To conduct research on historical documents in a timely manner,provide copies of public records, and assist the public in filing claims and registering as lobbyists. 6. To continue to seek new and innovative ways to provide access to public documents,meeting proceedings and results,and other official records to the public. 7. To continue adding historical records and data to the Council Records System available on the Council-Clerk web page. 8. To conduct secure, open,and honest elections in the County of Hawai`i. 9. To make voter registration convenient and accessible for the public. 10. To make voting convenient and accessible for all voters. 11. To abide by all election related laws. 12. Enhance the ability of the County Council to actively participate in the actions of the State Legislature by providing timely updates to the Council of legislative actions,hearings, and opportunities to testify on matters that affect the County of Hawai`i. 13. Provide nonpartisan review,drafting, and research assistance to the County Council to ensure that legislation is clearly articulated, comprehensive,and appropriately formatted. 14. Work in collaboration with the Office of the Corporation Counsel and all agencies of the County by providing review and research assistance,upon request,to facilitate the introduction of sound legislation by the administration. 15. Work in collaboration with the Department of Finance to prepare the annual Operating and Capital Budgets, Council-Clerk program budget,and other related documents. 16. Maintain the Hawaii County Code and Hawai`i County Charter by applying systematic practices to ensure accurate upkeep and maintenance in a timely manner. 17. Provide convenient and user-friendly public access to the laws of our County by maintaining accurate and up-to-date versions of the Hawai`i County Code and Hawai`i County Charter on the County website. 18. Foster the professional development of Legislative Assistants and facilitate the quality of work product from district staff by providing relevant training on legislative drafting, fiscal procedures and practices, and other related matters. 19. To provide prompt and efficient reprographic services for all County departments and agencies. 20. Distribute incoming mail within two hours from receipt. This includes distribution and pick up of mail and interdepartmental envelopes to various County offices located in Hilo proper. 21. To provide prompt posting of all outgoing mail and to expedite delivery of interdepartmental and postal mailing services to all County departments and agencies. 22. Assist departments in complying with U.S. Postal Service regulations. 1 Funding Source and Position Count General Fund $5,114,014 General Fund 85 Other Revenue - Grant Revenue/Other - Total Budget: $5,114,014 Total Number of Positions 85 Personnel Position Summary FY 2017-18 FY 2018-19 FY 2019-20 Position Title Authorized Authorized Request Council Chair 1 1 1 County Clerk 1 1 1 Deputy County Clerk 1 1 1 Accountant I 1 1 1 Administrative Assistant to the County Clerk 1 1 1 Clerk III 3 1 1 Council Aide 10 10 10 Council Legislative Assistant 9 9 9 Council Member 8 8 8 Council Services Assistant I 2 2 2 Council Services Assistant Il 3 3 3 Council Services Assistant III - 1 1 Council Services Supervisor 2 - - Council Services Coordinator - 1 1 Council Administrative Services Supervisor - 1 1 Deputy Executive Assistant to the Council Chair 1 1 1 Executive Assistant to the Council Chair 1 1 1 Human Resources Technician II 1 1 1 Legal Specialist 1 1 1 Legislative Analyst III 1 1 1 Legislative Information&Reference Technician 1 1 1 Legislative Specialist 4 4 4 Special Assistant 1 1 1 Support Services Clerk I 3 3 3 Support Services Clerk II 1 1 1 Support Services Supervisor 1 1 1 Total 58 57 57 Program Expenditures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Request Number of Positions 58 57 57 Salaries and Wages 2,744,213.01 3,024,677 3,073,740 Operations 516,309.21 652,216 651,602 Equipment 12,572.68 33,000 35,500 Program Total 3,273,094.90 3,709,893 , 3,760,842 2 Program Measures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Estimate Council Meetings 25 25 25 Council Special Meetings 3 2 2 Committee Meetings 100 100 100 Committee Site Visits 0 3 3 Committee Special Meetings 1 3 3 Council Public Hearings 3 3 3 Committee Public Hearings 0 3 3 Number of Committee Reports 213 175 175 Number of Ordinances Enacted 107 150 150 Number of Resolutions Adopted 395 400 400 Number of Copies Duplicated 3,691,073 4,500,000 4,500,000 Number of Pieces Mailed 302,944 350,000 350,000 Hawaii County Council In addition to its general public policy making powers and duties as prescribed by Section 3-1 of the Hawai`i County Charter,the duties,responsibilities,and functions of the Hawaii County Council include: 1. Approve the Operating Budget and Capital Improvements Budget of the County prior to the beginning of each fiscal year; 2. Approve amendments to the Operating Budget and Capital Improvements Budget during the fiscal year; 3. Administer the County's annual nonprofit grant-in-aid program; 4. Approve and submit to the electorate for its approval amendments to the Hawai`i County Charter; 5. Approve applications for change of zoning district; 6. Approve amendments to the Hawaii County General Plan; 7. Authorize the County to issue general obligation bonds to fund public capital improvement projects; 8. Authorize the County to enter into any multi-year contract for equipment or services; 9. Authorize the County to enter into any intergovernmental agreement; 10. Confirm Mayoral nominations to serve as directors of County departments and agencies; 11. Confirm Mayoral nominations to County Boards and Commissions; 12. Authorize the Corporation Counsel to take certain legal actions, including the retaining of Special Counsel to represent the County and the settlement of claims against the County that exceed$10,000; 13. Authorize the acceptance of donations of money,goods and equipment, and private property to the County; 14. Appoint the Hawai`i County Legislative Auditor; and 15. Convene as members of the Housing Agency to formulate public housing policy. The Council Chair is the Presiding Officer of the Council,whose primary duties include: • Presiding over meetings of the Hawaii County Council,ensuring that business is handled in an orderly, efficient, and lawful manner; • Review and approve documents,including contracts,travel authorization,and official acts of the Council; • Receive and process all referrals to the Council, including Communications,Bills and Resolutions; 3 • Coordinate all meetings,functions,and legislative activities of the Council; • Serve as the chief spokesperson and representative of the Council; • Ensure adequate staff support is available for Committee and Council meetings,and for ad hoc committees of the Council; and • Establish the Council Calendar,which includes Council and Committee meeting dates,agenda deadlines, special meetings,and notation of conferences and events relevant to the Council's business. Council Chair Support Staff The Council Chair is allotted four staff positions in addition to District Staff to provide support and assist with the execution of duties and responsibilities as listed above,which are distinct to the Council Chair. The Chair may appoint an Executive Assistant,a Deputy Executive Assistant,a Special Assistant, and an additional Council Aide as support staff. District Staff Each Council District is allotted two staff positions: A Council Aide and a Legislative Assistant. These positions provide direct support to each Council Member,including but not limited to: • Council Aide: administrative, secretarial,and management duties and responsibilities; and • Legislative Assistant: research, legislative drafting, and report writing. Both positions provide general constituent support by being a liaison between the Council Member and the community by responding to constituent requests,attending community meetings, events,and activities,and assisting the public with its interactions with the County.Additionally,District Staff may support the Council Member by attending State Legislative hearings,meetings of State and County boards and commissions,and other similar governmental functions. Administrative Services Administrative Services is responsible for personnel and accounting functions of the Office of the County Clerk as well as fiscal support during the annual budget cycle. County Clerk The County Clerk is the director of the operations for the Legislative Branch for the County of Hawai`i, whose primary duties and responsibilities include: • Providing management and administrative services for the various divisional departments of the Office of the County Clerk; • Be the Chief Elections Officer for the County of Hawai`i; • Prepare Department budget—monitor and approve expenditures; • Procurement of goods and services; • Act as the parliamentarian for meetings of the Council and its Committees; • Providing technical and secretarial services to the Charter Commission and the Redistricting Commission;and • Assist the Council Chair in the carrying out of his or her duties. Deputy County Clerk The Deputy County Clerk assists with the execution of duties and responsibilities of the County Clerk and acts as County Clerk in the Clerk's absence. 4 Administrative Assistant to the County Clerk and Deputy County Clerk Performs administrative,secretarial,and technical duties on behalf of the County Clerk and Deputy County Clerk. Additionally,the Administrative Assistant provides support to the Human Resources Technician and Accountant. Human Resources Technician Oversees the human resource program of the Office of the County Clerk and Hawaii County Council. Establishes,updates and maintains personnel files and records,including individual employee files and position controls;reviews,prepares and processes required personnel forms and documents. Provides advice and assistance to administrative,supervisory staff,employees,and/or the public regarding employment policies, Civil Service laws and rules and collective bargaining agreements. The specific duties of the Human Resources Technician include: 1. Reviews and processes personnel transaction documents(i.e.,reallocations,pay changes, step movements,new hires,transfer,LWOP,etc),FMLA requests,TDI claims and other personnel forms and applications to ensure compliance to laws,provisions of contracts,rules and procedures and to ensure the timely processing of documents; and enters data into the FRESH human resource system. 2. Prepares and distributes job performance report evaluation forms to supervisors;maintains files and records; ensures the timely submittal of job performance evaluations. 3. Prepares and reviews all employee contracts for accuracy and completion. 4. Assists with the development and approval of workplace policies for the Legislative Branch, including Administrative Manual;coordinates updates with the County Clerk and Deputy County Clerk; ensures that workplace policies are current and complete. 5. Recruitment and Classification-Provides information and guidance to department head,deputy and supervisory staff on matters relating to recruitment and classification and the interview and selection process;works with the Department of Human Resources in preparing required forms to process requests;provides recruitment and position information to interested employees and applicants; assists applicants in completing forms; and processes all documents for new hires and separating employees. 6. Advises applicants for employment on completing forms properly; answers queries regarding duties, minimum requirements,licenses and certificates and tracks all recruitments through fulfillment. 7. Completes letters/forms for lateral transfers,promotions and demotions. 8. Assists in the creation of new positions.Ensures all required forms are complete and accurate. 9. Reviews and verifies workers'compensation claims and vehicle and property damage claims; participates in the investigation and preparation of reports of findings and recommendations. 10. Provides information and advice on workers'compensation laws and safety regulations to managers and employees. Accountant The accountant oversees the fiscal program of the Office of the County Clerk and County Council and serves as the Department's liaison with other County departments,government agencies,vendors, granting sources, etc. on fiscal matters. The specific duties of the Accountant include: 1. Sets up,revises, and maintains expenditure,object cost and control ledgers,registers,journals, and other records required for services,materials, supplies and contracts;recommends and implements new or amended administrative policies to ensure that accounting system complies with laws,rules, and County policy and procedure;participates in internal and external audits. 5 2. Maintains controls and procedures for monitoring the Department budget; compiles,verifies,and analyzes financial data to prepare financial statements and monthly Departmental budget reports; oversees and coordinates preparation of Department's operating budget. a. Provides budget assistance and historical data for the County Clerk and other officials to project administrative and program needs for the Department;recommends budget amounts. b. Participates in conducting studies and estimates of program revenues and operating costs and assists in recommending the allocation of funds to various activities. 3. Review and processes timesheets and enters activity entry into FRESH; makes payroll adjustments; maintains and monitors employees'sick leave and vacation leave benefits,reconciles accounts and makes adjustments; computes and processes cash-in-lieu for separations and retirees; reviews and processes workers'compensation and TDI application and payment requests;keeps abreast of collective bargaining contracts and civil service rules and regulations relating to fiscal matters. 4. Processes per diem,travel certificates,mileage,car allowances,district allowance expenses,p-card transactions,petty cash vouchers,and other payments. 5. Trains Council Aides,Council Legislative Assistants and other staff of fiscal matters. 6. Advises officials on procurement;reviews contracts for compliance with procurement laws and procedures; tracks account expenditures and balances; ensures execution of terms and conditions of contract; and prepares and completes all required reports. 7. Maintains Department's physical inventory of equipment. Council Services Council Services provides administrative and logistical support to the County Council's Chair and Committee Chairpersons. Council Services is comprised of two supervisorial positions and eight staff positions. Council Services duties include: 1. Fulfill legal notice requirements for all Council and Committee meetings, including preparation of meeting agendas and posting and publication of meeting notices. 2. Prepare DVD copies of videotaped Council and Committee meetings as requested by the public, departments,and elected officials. 3. Make available online each bill and resolution received for consideration by the Council or its Committees, and ordinances once adopted. 4. Make Council and Committee meeting video archives available online within a reasonable time after the meetings. 5. Provide final votes on Council and Committee agenda items within a reasonable length of time after the meetings. 6. Transitional orientation and training regarding internal processes to newly elected officials and appointed staff; 7. Timely processing,publication and distribution of resolutions and ordinances that have become effective. 8. Scans,posts and inputs pertinent data for current communications,bills,resolutions and other documents into the Council Office Records System(COReS). 9. Responsible for maintaining the records management system to scan, index,and retrieve public documents. 10. Departmental and public orientation regarding the Council Records System on the internet. 6 • 11. Research and specifications for new technology and equipment to enhance public access to legislative activities and proceedings. 12. Archiving and retrieval of over 100 years of important and historical County records and documents; 13. Creates verbatim transcription of Council and Committee proceedings, including regular sessions, special sessions,subcommittee meetings,public hearings,workshops, site visits and executive sessions. 14. Performs various committee tasks, such as assembling and disassembling the committee member's meeting clipboards;preparing items for the Council meeting boards;and attending committee meetings to greet members of the public and receiving County Clerk registration forms for public testimony and copies of written testimony for distribution to Chair and members. 15. Maintains Council and Committee meeting dates on the County Website calendar. 16. Answers inquiries from the public or other agencies;provides information involving the explanation of rules,regulations,policies and procedures or any other pertinent activity related to the functions of the department;refers inquiries to proper individuals,agencies or departments. 17. Secretary to the County Pension Board and Committee on the Destruction of Records. 18. Sale of public records;public reception; and provides administrative and logistical support to the Council Chair for council proceedings,including creating agendas and minutes,recording digitally and providing for videoconferencing to alternate sites. 19. Collection and storage of financial disclosure, lobbyist registration and research,and agency documents required to be filed with the Clerk. Elections Division The Elections Division is responsible for all election activities in the County,including administering Federal, State and County elections,voter registration,and voter education;conducting absentee voting; establishing new polling places;recruiting and training election day officials;tabulating ballots; redefining district boundaries during redistricting;proposing election legislation;verifying signatories on petitions and nomination papers; and maintaining the voter register. The County Clerk is the Chief Election Officer for the County of Hawai'i. Program Objectives 1. Recruit and train staff for implementation of same-day voter registration at all precincts in the County. 2. Provide voter education and voter registration presentations at all public and private high schools in the County. 3. Begin preparations for 2021 Redistricting. 4. Provide testimony on election related bills during the legislative session. Program Highlights Below are program highlights for the Elections Division for fiscal year 2017-2018. 1. Processed 19,849 new and updated voter registration affidavits. 2. Conducted Young Voter Registration Programs at seven high schools around the island. 3. Did voter outreach at 23 locations island wide. 4. Mailed and processed 102,599 notification cards to registered voters. 7 Program Measures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Estimate Registered Voters 19,849 104,400 21,800 Voter Registration Satellite Stations 23 23 23 Certificates of Registration Issued 97 200 125 Cancellations of Registration 827 300 950 Deceased Voters Deleted 1120 1,250 1300 Number of High School Students Registered 351 400 450 Program Expenditures FY 2017-18 FY 2018-19 FY 2019-20 Actual Budget Request Number of Positions 28 28 28 Salaries and Wages 351,594.65 508,804 471,572 Operations 299,921.38 602,100 516,000 Equipment 2,401.60 10,300 10,600 Program Total 653,917.63 1,121,204 998,172 Personnel Position Summary FY 2017-18 FY 2018-19 FY 2019-20 Position Title Authorized Authorized Request Elections Assistant 0 1 1 Election Clerk I 1 0 0 Election Clerk II 3 1 1 Election Clerk III 0 3 3 Election Warehouse Worker I(Temporary) 4 4 4 Election Warehouse Worker II 1 1 1 Elections Program Administrator 1 1 1 Elections Program Specialist I 1 1 1 Precinct Official I 1 1 1 Precinct Official II 3 3 3 Precinct Official III 1 1 1 Senior Election Clerk 1 0 0 Temporary Election Clerk 10 10 10 Temporary Precinct Official III 1 1 1 Total 28 28 28 8 1. Evaluates the advisability of realigning or splitting precincts and recommends the establishment of new polling places. 2. Plans,develops and coordinates precinct official training and recruitment programs for officials of the Control Center including District Coordinators, and equipment coordinators. 3. Plans,directs and coordinates the operations of the ballot delivery/collection teams and the training of ballot team officials,activities regarding the format and printing of all official ballots, activities in the issuance, control, and security of all official ballots for the County of Hawai`i,preparation of notices, advertisements, and publications in connection with the conduct of elections and official election results for each county election,all absentee voting activities, 4. tabulation of votes cast and the certification,preparation,and publication of official election results for each county election. 5. Directs the Administration of the Candidate Filing process and compliance with statutory requirements. 6. Develops and directs the administration of the following activities for voter registration and elections: procedures and regulations,all voter registration stations and programs;voter residency confirmation program to determine that all voters register and vote in the precinct in which they reside;mail voter registration program;motor voter registration program;preregistration program which allows individuals at least sixteen years of age to complete an affidavit and be automatically registered upon attaining age eighteen;mandates of the National Voter Registration Act of 1993;residence address confidentiality program for law enforcement officers;voter registration information accessibility; Hawaii Drive Through Voter Registration program; audits and makes final determination of questionable cases regarding qualifications for voter registration. 7. Formulates and establishes operating procedures for the on-line voter; directs operation of the central data processing system; establishes standards/procedures for input-output of data and the work flow of the voter registration program; directs research to improve automation of the election and registration processes; 8. Directs and administers Elections Personnel and Payroll System. Responsible for the compensation of every precinct,delivery and collection,counting center, control center, Board of Registration, custodians, and supply collection workers within the county. 9. Responsible for the management, security,and troubleshooting of network. Is liaison to other State and County networks such as Driver License files,Real Property files, State Office of Elections candidate files and all other neighbor island voter registration files. 10. Plans and directs activities to assist the Board of Registration in considering complaints by electors; directs clerical support for activities of the Board of Registration. 11. Directs preparation and certification of the Official List of Registered Voters for each election. 12. Develop and directs activities involving educational and voter registration programs for schools, colleges, businesses, labor and other organizations, informational and educational materials for publication in news media,compilation of statistical data on election trends,voter registration,and other vital information and the High School Prep voting program. 13. Implements proclamations issued by the Chief Election Officer involving regular and special elections; 14. Coordinates procedures with the Chief Election Officer regarding usage of the Statewide Voter Registration System; 15. Administers apportionment of salary/wages and other costs incidental to elections between the State and County; 16. Acts as liaison with state and county agencies on all matters relating to elections; acts as liaison and resource to state reapportionment commissions. 17. Directs activities relating to the redistricting and reapportionment of County Council districts as required by Charter. 9 Legislative Research Branch The Legislative Research Branch promotes the effective operation of the legislative process by performing complex ongoing tasks that are the responsibility of the Council and the County Clerk's Office. It is comprised of three Legislative Specialists and a Legislative Analyst. The Legislative Research Branch assists the Council in its annual budget and real property tax reviews and prepares amendments to the salary and budget ordinances. The Legislative Research Branch also updates and publishes the County Code and its supplements;drafts legislation to repair manifest defects in the County Code; drafts and/or reviews legislation,ballot questions and summaries for County Charter amendments;prepares,publishes, and disseminates revised editions of the County Charter;reviews bills and resolutions proposed by Council Members; assists in the management of legislative files and archives;maintains a library of research material for staff and Council Member use;prepares and submits the annual report for the County Council and Office of the County Clerk; conducts training in the budget process and legislative drafting;assists the public and administration with legislative information; and performs other duties as assigned by the Clerk or the Deputy Clerk. Duties and Responsibilities 1. The Legislative Research Branch(LRB) shall facilitate the effective operation of the legislative process by performing complex ongoing tasks that are the responsibility of the County Council and the Office of the County Clerk. LRB staff shall serve as the legislative drafting specialists of the Office of the County Clerk.Under the supervision of the County Clerk or the County Clerk's designee,LRB is responsible for the following ongoing matters: A. Annual fiscal legislation. Assist the County Council in its annual budget and real property tax reviews,prepare amendments to the salary and budget ordinances,and prepare the real property tax resolution. B. Hawaii County Code. Update and publish the Code and its supplements,oversee dissemination of the Code,maintain an online version of the Code, and assist in the maintenance of past versions of the Code. C. Hawaii County Charter. Review bills that propose amendments to the Charter,draft resolution directing the County Clerk to place the proposed Charter amendment before the electorate(Charter Section 15-2), assist with the drafting of ballot questions and summaries, prepare certificate of results for County Clerk's signature,update the Charter to incorporate changes,print and distribute the new edition of the Charter,assist in the maintenance of Charter records,and perform other tasks as needed D. County legislation. Train and otherwise support district staff in drafting routine legislation. Review bills,resolutions,and amendments to legislation for obvious drafting errors and suggest revisions to clarify the submitted draft and conform its contents to the Council's accepted format. E. State legislative tracking. Monitor the annual State legislative session by reviewing all senate and house bills, tracking bills of significant County interest,providing timely updates on changes in status of bills,providing a comprehensive spreadsheet of progression of bills,assist in training and/or sharing of information on the tracking process, and providing a final report of the legislative session. F. Hawaii County Council and Office of the County Clerk annual report. Prepare and submit the annual report to the Office of the Mayor. G. Legislative resources. Maintain a library of research materials for staff use. fl. Training. Conduct training and provide technical assistance regarding legislative drafting,the budget process, or other areas within LRB's area of expertise. Compile,update,and provide copies of the most recent legislative drafting manual to Council district staff. I. Other duties. Perform other duties as may be assigned by the County Clerk. 10 2. In addition,LRB may provide the following nonpartisan assistance: A. Assist in the drafting of complex legislation. B. Conduct impartial research and analysis as may be necessary for the enactment or consideration of substantive legislation upon request by the County Council,its Committees, or on its own initiative. C. Serve in an advisory or a consultative capacity to the County Council, its Committees,and Council Members on all matters within its competencies and responsibilities. D. Perform other duties as may be assigned by the County Clerk on behalf of a Council Member. Legislative Session 1. Review of all bills to compile master list of legislation likely to impact the County 2. Tracking of selected legislation,as well as specific requests submitted by Council Members 3. Creation and maintenance of detailed spreadsheet showing current status of bills 4. Organizing and archiving all relevant communications and documents regarding the legislative session 5. Receive,review,and sort information regarding legislation for pertinence 6. Timely dissemination of information to all subscribers via email after organizing into spreadsheet format 7. Receipt and forwarding of testimonies submitted by Administration via email to all subscribers 8. Provide resources such as referral to State Capitol website,Public Access Room,and State Legislators staff 9. One-on-one training of navigating of State Legislature pages on State Capitol website to demonstrate how to receive notifications and obtain specific documents and information. (Upon request). Support Services The Support Services Division is responsible for reproducing, scanning,and binding documents for all County departments and agencies; metering of outgoing postal mail; and sorting and distributing incoming postal mail/interdepartmental envelopes. It is comprised of a supervisor and four staff positions. Support Services duties include: 1. Receives,reviews,adjusts and formats all documents submitted by departments for reproduction within two business days,unless the job requested is extremely large.Documents include reports, circulars,agendas,books,communications,bills,resolutions, documents,maps, charts,office forms, bound spiral books and other related material. 2. Works with departments and agencies on various reprographic projects;provides advice and assistance on the formatting,on quality and grade of paper,and on arranging text,photos,and other graphics to achieve desired results; formats and participates in the reproduction of the more complex projects. 3. Collects and sorts all pieces of outgoing postal and interdepartmental mail collected from departments or received by departments no later than 2:30 p.m. on the same business day. 4. Postal services include package mailing activities, such as sorting,weighing,packaging, delivering, metering, tabulating, and operating mail processing equipment. 5. Ensures County's compliance with postal regulations and standards in determining the most appropriate shipping and mailing methods. 11 '10 Submitted by County of Hawaii LEGISLATIVE BRANCH 6? `,!! ORGANIZATION CHART 2017 , 6)7 nty Clerk Date i'-`! 23 Ar u, 15 472Z,// CouncA Chair Dale COUNTY COUNCIL COUNCIL CHAIR COUNTY CLERK b/26/707 COUNTY OF HAWAII OFFICE OF THE COUNTY CLERK/COUNTY COUNCIL ORGANIZATION CHART 2017 COUNTY COUNCIL COUNCIL CHAIR ELECTIONS COUNTY CLERK DIVISION CHART IV CHAIRS DISTRICT LEGISLATIVE SUPPORT STAFF RESEARCH STAFF BRANCH CHART II CHART III CHART V DEPUTY COUNTY CLERK COUNCIL COMMITTEE SUPPORT ADMINISTRATIVE SERVICES SERVICES SERVICES SERVICES CHART VI CHART VII CHART CHART IX 5/28/2017 COUNTY OF HAWAII OFFICE OF THE COUNTY CLERK/COUNTY COUNCIL ORGANIZATION CHART 2017 CHAIR'S SUPPORT STAFF sPEc AL ASSISTANT SA-1 EXECUTIVE ASSISTANT TO COUNCIL AIDE DEPUTY EXEC ASSISTANT TO THE COuNCIL CHAIR EA-I CA-1 COUNCIL CHAIRPERSON EA-2 r 0002P LC-00027 LC-00044 LC-00040 CHART 11 6/26/2017 COUNTY OF HAWAII OFFICE OF THE COUNTY CLERK/COUNTY COUNCIL ORGANIZATION CHART 2017 Amki DISTRICT STAFF Council District I COUNCIL LEGISLATIVE ASSISTANT CLA-i Council Member L C-00040 LZ-0001 4 COUNCIL AIDE CA4 LC-00021 COL010L1 DisInct 2 COUNCIL LEG/SLANVE ASSISTANT CLA-1 Council Member LO00042 LZ-0001 3 COUNCIL AIDE CA1 LC-00036 Council District 3 COuNCIL LEGISLATIVE ASSISTANT CLA-1 Council Member LC-00042 L2-00009 COUNCIL AIDE CA1 LC-0,001e Council District 4 COUNCIL LEDiSLATive ASSISTANT CIA,,1 Council Member LC-00009 Li 00012 COUNCIL AIDE CA-11i LC-00022 Council District 5 COUNC/L LEGISLATIVE ASSISTANT CIA.1 Council Member LC.000611 LL0001 I l COUNCIL AIDE CA I Am,.0,6 LC000t Council District 6 COUNCIL LEGISLATIVE ASSISTANT CIA-1 Council Member tc4004$ 40011 COUNCIL AIDE CA.1 LC 00034 Council District 7 COUNCIL LEGISLATIVE ASSISTANT CLA,I Council Chairperson tc-ociorr 12.00012 COUNCIL AIDE CA, LC-00041 Council District 8 COutiCit_LEGISLATIVE ASSISTANT CIA I Council Member LC40ot5 12.00015 COUNCIL AIDE CA-1 LC-00020 Council District 9 COUNCIL LEGISLATIVE ASS4STA4T CIA-I Council Member LC-00047 LZ-0001s COUNCIL AIDE CA-I LC-0002s CHART 10 6/26/2017 COUNTY OF HAWAII OFFICE OF THE COUNTY CLERK/COUNTY COUNCIL ORGANIZATIONAL CHART 2017 1 ELECTIONS DIVISION COUNTY CLERK zo-coont rELECIIONS PROGRAM ADMINISTRATOR SR-26 004,02R SEIVOR LPCTON CLERK LUX WHSE WORKER WS-04 ULCCT,ONS YPOGRANISPECAUSI Sit-tf) oo4cton .„_. OO- 4443 TOAP rw*M-070:4„"5 ELECTION CLERK SR-la 0044242 0041044 00-04447 ELECTION CLERK I SR-07 00-04833 TEMP ELECTION CLERK SR-07 FLECTION CLERK II SR-10 ELECTION CLERK 11 LC411nri 00-04Et& 00,04834 LC-01904 „ W-020?0 LC-02027 L TI 41,1 L RK SR,,0 LC-04mg LC-60068 L.C.0174$ 1.0.001:61 LC431756 LC-01759 CHAR1 IV 6/200017 COUNTY OF HAWAII OFFICE OF THE COUNTY CLERKICOUNTY•COUNCIL ORGANIZATION CHART 2017 LEGISLATIVE RESEARCH BRANCH COUNTY CLErik---1 tomeNT ty.t sPECTst 1ST TITISTATSIE ANALYST SR LEGTSIATEA SPECIALIST LE LEGITAATSfF SITTOSIAT LEGISLATE&SPECIAI rEGiStAllys SPECkAuTo 1+.1 SGTOS*1 0042SiSC TASSISTS _ 8,C4X,Sr GITASST V Gf26/201 COUNTY OF HAWAII OFFICE OF THE COUNTY CLERNICOUNTY COUNCIL ORGANIZATRIN CHART 2017 EC-66NCIL SERVICES DEPUTY COUNTY CLERK ZO40019 COUNC S£RV1COS COORDINATOR.004,1444 SR.,11$ CaLINGIL ADMIMSTRA 00424at SC4IVCES StRtRVISUI St1-22 004,2564 /Nrrls,REFE-RENCf.TECH SR,14 00 62230 COLAICIL SMACEs, ASSISTANT SR-14 COONGq.'4F,ArAf.X5. CLERK SR•Nt ASS3STAN1 1€ SR 17 ASSISTANT1 61444 004741619,00 140C 00-77953'00-0306, 00.411631 00.02.0 uo-e2sto CARV VI 00:`,7/20 COUNTY OF HAWAII OFFICE OF THE COUNTY CLERK/COUNTY COUNCIL ORGANIZATION CHART 2017 SUPPORT SERVICES DEPUTY COUNTY CLERK zo-0oolo SUPPORT SERVICES SUPERVISOR SR-I3 00-0CXXIS SUPPOR I SERVICES CLERK II SR-I I SUPPORT SERVICES CLERK I SR-06 "LIPPOR I SERVICES CLERK I SR-08 SUPPORT SERVICES CLERK I 5R-08 00-02564, 00-02530 00-02531 00-02532 • CHART VII 6/26/25 1 7 COUNTY OF HAWAII OFFICE OF THE COUNTY CLERK/COUNTY COUNCIL ORGANIZATION CHART 2017 ADMINISTRATIVE SERVICES DEPUTY COUNTY CLERK zo ow/9 ADMINISTRATIVE ASST TO THE HUMAN RESOURCES TECHNICiAN SR.17 ACCOUNTANT f 861-18 COUNTY CLERK A-17 00-04440 00 04618 LC-00055 CHART VW 6/2612017 APR 1 7 2019 Harry Kim William Kucharski Mayor RECEIVED Director Wilfred mm.Okabe0 ame4.mo6a Managing Director `===7 Deputy Director x� - °�4~. �� �~�~�~ ���|��u�uKy ��� ����ww^�� � � ��- DEPARTMENTOF ENVIRONMENTAL MANAGEMENT 345KekOanao'aStreet,Suite 4l•Hilo,Howai'i967ZO Ph:<8O8>g61-8V83'Fax:(O08)961 8086 Email: ouhdemPhawaiicountv.nov April 17, 2019 Havxai'i County Salary Commission c/o Department of Human Resources 101 Pauahi Street, Suite 2 Hilo, Havxmi'i9672O Re: Responses to the Salary Commission's Inquiry Concerning Proposed Salary Adjustments for FY 2019-2020 Dear Commissioners: This letter is in response to the Salary Commission's questions concerning our department, dated March 21, 2019. 1. What are the primary duties and responsibilities of the department/agency head? The Department of Environmental Management(DEM) is established to protect, preserve, and enhance our environment by promoting the wise management of our waste. The DEM director is required to have an engineering degree and is tasked with management of the solid waste, abandoned vehicles, wastewater, and recycling programs of the County. DEM is essentially a 24-hour per day, 7 days a week, 365- day per year operating organization. In addition to managing existing operations, managing the County's response to new developments and directives, such as cesspool closures mandated by the State legislature, are required. Planning for tomorrow's issues, such as infrastructure needs and population growth, requires close coordination with the Planning Department. The Wastewater Division is responsible for the construction, maintenance, and operation of all sewage programs and facilities operated by and for the County. The County of Hawai'i is an Equal Opportunity Provider and Employer TAB 4 Hawaii County Salary Commission April 17, 2019 Page 2 Solid Waste Division is responsible for the construction, maintenance, and operation of all solid waste programs and facilities operated by and for the County. 2. How many employees does the department/agency employ? FY 2018-2019: 187 positions FY 2019-2020: 197* positions *In FY 19-20,the Wastewaster Division will have 10 new positions for the planned Kealakehe Wastewater Treatment Plant R-1 Upgrade Project,which is to produce recycled water. The benefit of recycled water is that it can be used to meet the non- potable water demands in the relatively dry West Hawai'i region. 3. What is the department/agency organizational structure? DEM consists of administration,which includes the Business Services Section, and also two operating divisions—the Solid Waste Division and the Wastewater Division. [See Attachment A: DEM's Summary Organization Chart.] DEM's administration consists of the director,deputy director, and private secretary. It also includes the Business Services Section, which encompasses Accounting, Human Resources,and Contracts. The Business Services Section is headed by a Business Manager,who oversees the Accountant IV,the Human Resources (HR) Program Specialist and the Contracts Clerk. The Accountant IV oversees the Accountant l's for Payroll, Solid Waste,Wastewater,and Collections. The HR Program Specialist and Accountant I's oversee their respective clerks. [See Attachment B: Business Services Section Organization Chart.] The Wastewater Division consists of a Division Chief and a Deputy Division Chief who oversee Operations and Engineering. Operations consist of East Hawai'i and West Hawaii operations, with the respective superintendents overseeing the line maintenance crews, mechanics,electricians,treatment plant operators, laboratory chemists, and support staff. The Engineering staff consists of Civil Engineers, an Engineering Support Technician, a GIS Program Manager, and a Clerk. [See Attachment C: Wastewater Division Organization Charts.] The Solid Waste Division consists of a Division Chief and a Deputy Division Chief who oversee the East Hawaii and West Hawaii superintendents. The superintendents oversee the Equipment Operators and Solid Waste Facility Attendants for the 22 transfer stations island-wide,the East Hawaii Sanitary Landfill, and the West Hawaii Sanitary Landfill (aka Pu'uanahulu). Hawaii County Salary Commission April 17, 2019 Page 3 The Solid Waste Division also includes the Derelict&Abandoned Vehicle Program and the Recycling Program. The Derelict&Abandoned Vehicle Program provides fbr the towing and disposal of vehicles abandoned on public roads and highways. The Recycling Program includes the HI-5 redemption of bottles and cans, the Organics Diversion Program (greenwaste and composting), used motor oil recycling, electronics recycling, household hazardous waste collection events, and reuse centers. [See Attachment D: Solid Waste Division Organization Charts.] 4. What does the department/agency operating budget and funding encompass? DEM's proposed operating budget for FY19-20 is$55,402,704. That encompasses all salaries and wages,fringe benefits, contracts, equipment, repairs and maintenance, and all other costs for operating and maintaining regulatory compliance for our DEM Administration,Wastewater Division, Solid Waste Division, and the Derelict and Abandoned Vehicle Disposal Program. Our Wastewater Division serves our island community 24/4, 365 days a year, by operating 7 wastewater treatment plants, and maintaining 105 miles of sanitary sewer,as well as two gang cesspool systems that serve the Na'alehu and Pahala communities. Our Solid Waste Division operates 2 active landfills and 22 Recycling and Transfer Stations that serve our community island wide. Our Derelict and Abandoned Vehicle Disposal Program provides for the identification, removal, and temporary storage of derelict/abandoned vehicles, as well as processing/recycling of derelict vehicles in accordance with program procedures. Our DEM Administration provides oversight for the entire department,as well as financial and clerical support for the Environmental Management Commission. It also includes our Business Services Section,which handles the accounting, human resources, and contracting functions for the DEM, which includes accounts payable, payroll, recruitments, benefits,grievances,contracting, and other functions that are common to most departments. Unlike many other departments, however,the Business Services Section also handles the billing, accounts receivable,collections, and customer service for sewer users, septage haulers,and landfill users.The projected revenue from these services is$21,475,200 for FY19-20. In addition to the operating budget, DEM's proposed Capital Improvements Program budget is$61.9 million for FY 19-20. DEM is actively working on a number of projects that will likely exceed$300 million upon completion. This includes Wastewater Division projects such as the Kealakehe Wastewater Treatment Plant R- I Hawai'i County Salary Commission April 17, 2019 Page 4 1 Upgrade,Wastewater Treatment Plants and Collection Systems in Na'alehu and Pahala, a North Kona Sewer Pump Station, and the Pua Pump Station Renovations and Force Main Installation and Rehabilitation,as well as the Solid Waste Division's Ocean View Transfer Station and the Wai`Ohinu Transfer Station Repairs and Enhancements, among others. 5. What major challenges does the department/agency heads face? The biggest challenge for DEM is having enough funds to cover the very high costs to operate our sewer systems, refuse,and recycling services. DEM struggles on a daily basis to provide the refuse and sewer services at a level that our public has come to expect,while faced with the daunting reality of necessary expenses to maintain, repair, and replace our aging infrastructures and equipment. To compound the fiscal difficulty, DEM must also provide for the scheduled employee salary increases and the increase in rates for fringe benefits. In addition, DEM is required to oversee and enforce new county laws,such as the plastic bag ban and the polystyrene (Styrofoam) ban. Another challenge is to be able to have each division fully staffed. Due to the length of time it takes to go through the recruitment process, we are constantly challenged with staffing shortages. To compound that,we have a number of positions that are difficult to fill due to their specialized nature or licensing requirements. There is significant need for trained/licensed workers in both solid waste and waste water facilities. All wastewater facilities require state licensed operators, and licensed commercial drivers are required to haul solid waste from multiple transfer stations to operating landfills. Experienced heavy equipment operators are required at the County landfills as well. There is also the normal revolving door,with trained employees leaving government employment for more lucrative private employment along with transfers, promotions, and retirements of County personnel. 6. Are there any overtime requirements of the department/agency? As a department that operates 24/7, 365 days a year, the DEM incurs a high amount of overtime to maintain operations. The DEM director,as the department head, works beyond regular office hours, attending community meetings regarding DEM projects, giving presentations to community groups, reporting to the County's Emergency Operating Center on a regular basis during emergencies,giving immediate input to proposed bills during the legislative session, and serving on state-wide committees or task forces as Hawaii County Salary Commission April 17, 2019 Page 5 required. Unlike the division heads who are civil servants with overtime benefits, the director is an appointee who does not get compensated for any overtime incurred. Thank you for the opportunity to provide information regarding DEM. I hope this information will be helpful to the Salary Commission. If you have any questions,or would like further information, please contact me at william.kucharski@hawaiicountv.gov or 96143083. Sincerely, ih' ' / t Wil m A. Kucharski Director WK:mef Attachments ig 2. k i ° — � d R a 0 rn o u R d - c c o rn d LU .1i C. n a: Z A -3 c A wR c w 32 w m u d y c d C �'J C O N - C 3 2 O b .R y2. 0 3 0 d « o v U N Y q E 3 — CO. m .- 3 0 tnZ C 3 _ m _ u iC c C 1d J d :7; N dtil E c L 3 2 C iII E° d — s m - 6 0 Eo 0 ? a` n. m ti UJ y g U m _ c .- Ta, d C E LL L _ «t O Y A'7 !- a N d 0 R t C I G o Y :? H 0 L'' 0 -3 RI d N co 3 w 2 « v c0_ r R L n — R — C R a a J O a' d 't °C E R R 3 '-u, R I — N w °C.O L C.,. 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L to fin. • c R O O O U) cdi �. to 8) > E C O •v 00 O O G. w▪ a i a C C D. = to 0 0 c N O• W O O CLTs U `0 .Na r O � Q, � aci a... E c Doom c a) d 2 co > C tv N w a -0 a) •— Q O d u) o CO 1 a) CEn a) C > d ° — c cc o c -Ne L u c a) ca O• V < 0 G > 0 o ru N 16") co a) co c ❑ LU M ,:t U c) s 0 Yamada, Glynis From: Sako, Deanna Sent: Thursday, April 18, 2019 6:43 PM To: Yamada, Glynis Subject: RE: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Attachments: DO[162.pdf HUMAN RESOURCES Aloha -- 1 8 APR 701q - Below are the answers to the Salary Commission's questions , RECEIVED 1. What are the primary duties and responsibilities of the department/agency head? As department head, I oversee 9 divisions in the Finance Department, along with the Deputy Finance Director. The divisions include: Real Property Tax—this division brings in over 75%of the general fund revenue for the County Vehicle Registration and Licensing—this division processes all vehicle registrations and drivers licenses on the island at five locations Budget—this division oversees the annual budget process, as well as, the annual grant program for the County Council, and all legislation presented to the Council Accounts—this division is responsible for all cash disbursements and audits 100%of the invoices processed through our Accounts Payable system, they also process the payroll and pension payments semimonthly, they maintain all accounting records and prepare the award winning Comprehensive Annual Financial Report, and they work with the auditors each year to complete the required audits Treasury—this division is responsible for collecting all cash for the County as well as our bank reconciliations and all requirements related to issuing and monitoring compliance for our bonds Purchasing—this division ensures that the state procurement law is followed and also monitors PCard activity. Property Management—keeps a record of all county inventory, does all property transactions including leases and purchase/sale transactions. Risk Management—this division is responsible for risk—or minimizing risk for the county. Insurance needs are one of the primary responsibilities of this division. Internal Controls—this division is responsible for internal controls of the county and is available to help other departments. In addition to overseeing the nine divisions, we work closely with the Mayor and County Council and answer any questions that they or the departments may have. ThereanenoanysectionsintheCovnty[harterthatFinanceensu/es compliance with. Our department also has the Pension Board, PONC commission and the Real Property Tax Board of Review. Z. How many employees does the department/agency employ? Currently 136 employees. However, we do have approximately 10 vacancies that are iii the process of being filled. 3. What is the department/agency organizational structure? We have 9 divisions, each lead by a division head that reports to the Director. Our org chart is attached. 4. What is the department/agency operating budget and funding encompass? 1 While the Finance Department budget covers the operations of each of our nine divisions, Finance also oversees several special accounts or miscellaneous accounts that include things like debt service, fringe benefits, etc.The budget is available online if needed. Total budget for the county is in excess of$500,000,000. 5. What major challenges does the department/agency heads face? The major challenges for us are to meet everyone's needs. To ensure,that programs/departments are funded and that all of our responsibilities are carried out in accordance with the various laws we have to comply with. 6. Are there any overtime requirements of the department/agency? There are many overtime requirements for our staff especially to ensure service to our customers and to ensure that deadlines are met (i.e. payroll, etc.). In addition,the department head and deputy work overtime to ensure that all work is done—especially during certain times of the year(i.e. when the budget is due, etc.). I hope this answers your questions. Please let me know if you would like to discuss. Deanna Sako Director of Finance From:Yamada, Glynis Sent:Thursday, March 21, 2019 9:05 AM To: Brilhante,William <William.Brilhante@hawaiicounty.gov>; Ferreira, Paul<Paul.Ferreira@hawaiicounty.gov>; Gyotoku, Neil<Neil.Gyotoku@hawaiicounty.gov>; Kamelamela,Joe<Joe.Kamelamela@hawaiicounty.gov>; Kim, Harry <Harry.Kim@hawaiicounty.gov>; Kucharski,William <William.Kucharski@hawaiicounty.gov>; Ley, Diane <Diane.Ley@hawaiicounty.gov>; Rosario, Darren<Darren.Rosario@hawaiicounty.gov>; Roth, Mitch <Mitch.Roth@hawaiicounty.gov>;Sako, Deanna <Deanna.Sako@hawaiicounty.gov>;Takase, Gerald <Gerald.Takase@hawaiicounty.gov>; Ung,Jules<Jules.Ung@hawaiicounty.gov>; Waltjen, Roxcie <Roxcie.Waltjen@hawaiicounty.gov>;Yamamoto, David <David.Yamamoto@hawaiicounty.gov>; Yee, Michael <Michael.Yee@hawaiicounty.gov>; Henricks,Jon<Jon.Henricks@hawaiicounty.gov>; Nims, Bonnie <Bonnie.Nims@hawaiicounty.gov>; Chung, Aaron <Aaron.Chung@hawaiicounty.gov> Cc: Ah Choy, Noel <Noel.AhChoy@hawaiicounty.gov>; Bautista,Amy<Amy.Bautista@hawaiicounty.gov>; Braman, Eva <Eva.Braman@hawaiicounty.gov>; Charon, Nicole<Nicole.Charon@hawaiicounty.gov>; Ferreira, Cathy <Cathy.Ferreira@hawaiicounty.gov>; Fujio, Mary<Mary.Fujio@hawaiicounty.gov>; Fukamizu, deEtte <deEtte.Fukamizu@hawaiicounty.gov>; Kaniho,Tammylyn K.<Tammylyn.Kaniho@hawaiicounty.gov>; Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>; Muramoto,Jean<Jean.Muramoto@hawaiicounty.gov>; Pacheco, Crystallene K. <Crystallene.Pacheco@hawaiicounty.gov>; Petersen, Lynn<Lynn.Petersen@hawaiicounty.gov>; Rodillas, Martha <Martha.Rodillas@hawaiicounty.gov>; Yamada, Glynis<Glynis.Yamada@hawaiicounty.gov>; Kelii, Haku <Haku.Kelii@hawaiicounty.gov>; lyo, Brittany<Brittany.lyo@hawaiicounty.gov>; Kakugawa, Chris HCA <ckakugawa@hawaiicountyauditor.us>; Espejo, Darlene<Darlene.Espejo@hawaiicounty.gov> Subject: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Aloha, Everyone, On behalf of the Hawai'i County Salary Commission,we would like to kindly ask for your participation in answering a few questions concerning your respective departments/agencies. 2 The objective of this exercise is to secure the best available information in determining whether future salary adjustments should be incorporated into the County of Hawai'i's Fiscal Year 2019-2020 budget. These adjustments may represent increases, decreases,or status quo (no adjustments). The questions are as follows: 1. What are the primary duties and responsibilities of the department/agency head? 2. How many employees does the department/agency employ? 3. What is the department/agency organizational structure? 4. What is the department/agency operating budget and funding encompass? 5. What major challenges does the department/agency heads face? 6. Are there any overtime requirements of the department/agency? We would sincerely appreciate receiving your response by Thursday,April 18. If you have any questions, please contact Bill Brilhante at 961-8361 or by e-mail at William.Brilhante@hawaiicounty.gov. Please submit your response via e-mail (or hard copy)to Glynis at Glynis.Yamada@hawaiicounty.gov. Your responses will be complied by this office, and presented to the Salary Commission at their meeting scheduled on Thursday, May 16, 2019, at 10:00 a.m. at the Council Chambers (you are welcome to attend). We appreciate your time and effort, and are grateful for your participation. Mahalo©! Glynis Yamada, Secretary Salary Commission Department of Human Resources County of Hawai'i Phone: 808.961.8361 Fax:808.961.8617 Glynis.Yamada@hawaiicounty.gov 3 w cc U B co tlacVo Otx , W re = Z H ZW (rd.) c Q T. re Q c c = u. o = to �— U. O W0 iLco © �`'' - oco Z o `- 0 Cy l' r . ZipP. �_ Ni � Q U0 � L 0 4 LL; co•0 a SNC IDco u C J r) to 7 ex - L of p 0u) 0 CD a 2 0 C C E co E _ _ ,-F.. co 0o Uma) N U 4 — — 0 rr }- o c d0) O Q c) Q 0 to cst U a wcoos .._ i- a co v) O 0 o0 V < Q Cpc[� tryC ii o r 0 Z ' O MED MOW '6J CO } a. N-6 to co CO Z cu r- csi 3 of) t-. M 4g — p z 0 U 1.... 8 Q ate © "2 "aQ Q 0 QQQ v 0 re o a. I ti cv '4 U. 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Brifhante,Jr. Magor `G°', F 9�''� Director of Human Resources i✓��l o Pte; HUMAN RESOURCES •'���TE'OF�ti P/.• APR 1 8 2019 County of Hawaii RECEIVED Department of Human Resources Aupuni Center*101 Pauahi Street,Suite 2,Hifo,Hawaii 96720* (808) 961-8361*Fax(808) 961-8617 website:http://hawaiicounty.gov/hunum-resources e-mail:jobs@hawaiicounty.gov April 18, 2019 Chair George Campbell and Members Hawai`i County Salary Commission Hilo, Hawai`i 96720 RE: Proposed Salary Adjustments for Fiscal Year 2019-2020 Dear Chair Campbell and Members of the Salary Commission: In response to the Salary Commission's inquiry dated March 21, 2019, regarding proposed Salary Adjustments for Fiscal Year 2019-2020, the Department of Human Resources ("HR") provides the following: 1). What are the primary duties and responsibilities of the department head? The general powers and duties as well as the specific duties and powers of the director are codified in Hawai`i Revised Statutes ("HRS") §§ 76-12 & 13. Specifically, the director shall: (1) Represent the public interest in the improvement of human resources administration in the civil service; (2) Assist in fostering the interest of institutions of learning and civic, professional, and employee organizations in the improvement of human resources standards in civil service; (3) Advise the chief executive on policies and problems concerning the human resources program; and (4) Make investigations concerning the administration of human resources policies in the civil service, including any matter respecting the enforcement or effect of this chapter or the rules adopted thereunder, or the action or failure to act of any officer or employee with respect thereto. Hawai`i County is an Equal Opportunity Provider and Employer. I A Ii 6 Chair George Campbell and Members Hawaii County Salary Commission April 18, 2019 Page 2 of 5 Additionally, pursuant to HRS § 76-13, the director shall: (1) Establish and maintain a roster of all persons in the civil service; (2) Appoint employees necessary to assist the director in the proper performance of the director's duties and for which appropriations shall have been made; (3) Foster and develop, in cooperation with appointing authorities and others, programs for the improvement of employee efficiency; (4) Cooperate fully with appointing authorities, giving full recognition to their requirements and needs, in the administration of this chapter to promote public service by establishing conditions of service that will attract and retain employees of character and capability, and to increase efficiency and productivity in governmental departments by continuously improving methods of human resources administration and maximizing the use of advanced technology; (5) Encourage and exercise leadership in the development of effective human resources administration within the several departments and make available the facilities of the director's department to this end; (6) Investigate from time to time the operation and effect of this chapter and the rules adopted thereunder; (7) Develop and maintain classification systems; (8) Make recommendations and advise the chief executive on appropriate adjustments for employees excluded from collective bargaining as authorized under chapter 89C; and (9) Perform any other lawful acts deemed by the director to be necessary or desirable to carry out the purposes and provisions of this chapter. In addition to the statutory requirements listed above, the Hawaii County Charter, specifically, Article VII, Chapter 1, Section 7-1 .4 Powers, Duties and Functions, mandates the HR director to be responsible for the human resources management program of the county with two distinct categories of duties. The major duties shall be in the areas of equal employment opportunities, personnel development, personnel deployment, personnel relations and personnel welfare including employee safety and workers' compensation. The secondary duties of the director shall be the administration of the civil service system and the maintenance of the aims and mechanics prescribed by statute. The director shall be the administrative head of the department of human resources and shall be responsible for the proper conduct of all the administrative Chair George Campbell and Members Hawaii County Salary Commission April,18, 2019 Page 3 of 5 affairs of the department and for the execution of the human resources management program prescribed by this charter, ordinances, laws and regulations. The merit appeals board shall function according to statute. The director shall provide technical and clerical staff services to the board. 2). How many employee's does the department employ? The total number of HR positions: 50 3). What is the department organizational structure? The HR department is separated into seven (7) different divisions: 1 . Classification and Pay 2. Labor Relations 3. Personnel and Organizational Development 4. Equal Opportunity and ADA 5. Administrative Services 6. Recruitment and Examination 7. Health and Safety 8. Workers' Compensation (Please see attached Organizational Chart.) 4). What is the department's operating budget and funding encompass? The HR department is responsible for managing two separate annual budgets. 1. Human Resources Budget: $1,951,315.00 2. Workers Comp Budget: $2,203,500.00 5). What major challenges does the department head face? The major challenges that the HR departments faces going forward are as follows: 1 . To provide names of qualified individuals to hiring departments on a timely basis for the filling of their civil service vacancies. 2. To provide a classification and pay system that ensures an equitable compensation system. 3. To provide timely advice and assistance to all County agencies consistent with applicable laws affecting human resource management. Chair George Campbell and Members Hawaii County Salary Commission April 18, 2019 Page 4 of 5 4. To identify County training needs and provide training and personnel development programs that will enhance the skills of County employees, provide a safe working environment, and, ensure compliance with applicable laws affecting human resource management. 5. To recognize County employees for their accomplishments. 6. To support the Merit Appeals Board and the Salary Commission with their duties and functions. 7. To develop, implement, and maintain appropriate policies, procedures, and reports required by law or by operational needs. 8. To negotiate and provide adjustments in wages, hours, and terms and conditions of employment for County employees. 9. To identify and pursue appropriate changes in law, rules, contracts, policies and procedures affecting human resource management. 10.To identify and reduce/eliminate unsafe and hazardous working conditions and work practices in an effort to reduce the number of work place injuries and illnesses. 11. To process workers' compensation claims with respect and compassion for injured workers, the ultimate goal of which is to return employee to his or her regular full employment as a productive worker. 12. To ensure departments and agencies are in compliance with applicable laws affecting human resource management. 13. To assist, encourage, and insure, County compliance with laws, rules, and policies relative to equal opportunity and employment. 6). Are there any overtime requirements of the department? Yes, HR is responsible for responding to and managing the County of Hawai`i Emergency Operations Call Center at Civil Defense every time the EOC is activated due to a natural disaster or emergency. In order to keep overtime costs down, the HR director assigned this responsibility to himself. As a department head, he does not receive any compensation for this time. Additionally, the HR department hosts the County Employee of the Year Recognition Program which takes place annually. This program is usually held afterhours at a designated County facility. Chair George Campbell and Members Hawaii County Salary Commission April 18, 2019 Page 5 of 5 Thank you very much for providing us the opportunity to provide input for this very important matter. As always, please feel free to contact me at 961-8361 if you have additional questions or concerns. Sincerely, William V. Brilhante, Jr., Director Department of Human Resources WVB:gy Attachment c N U E o 0 3 U E E O U oo } 2 C3 H LU U 0 8- O a< Q LU CldZ O O • Q o U LL = m O X � 0 Z lig Q O z0 0 0Z 4c5U U C � N E a - C w a. 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E 0 / m CI 0 e •� , + Yamada, Glynis From: Takase, Gerald Sent: Friday, April 26, 2019 10:50 AM To: Yamada, Glynis Cc: Fukamizu, deEtte; shelby.k.m.nahalea@gmail.com Subject: RE: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Attachments: 2019-04-01 Current Org Chart - Apr 2019.pdf; expenditure detail worksheet - Liquor 8-31-18.xls; 0 - Revenue Worksheets - DEPTS.XLS Hi Glynis, HUMAN RESOt lte. See responses in BLUE APR 2 6 2019 Gerald RECEIVED From: Yamada, Glynis <Glynis.Yamada@hawaiicounty.gov> Sent:Thursday, March 21, 2019 9:05 AM To: Brilhante,William <William.Brilhante@hawaiicounty.gov>; Ferreira, Paul <Paul.Ferreira@hawaiicounty.gov>; Gyotoku, Neil <Neil.Gyotoku@hawaiicounty.gov>; Kamelamela,Joe <Joe.Kamelamela@hawaiicounty.gov>; Kim, Harry <Harry.Kim@hawaiicounty.gov>; Kucharski, William <William.Kucharski@hawaiicounty.gov>; Ley, Diane <Diane.Ley@hawaiicounty.gov>; Rosario, Darren <Darren.Rosario@hawaiicounty.gov>; Roth, Mitch <Mitch.Roth@hawaiicounty.gov>; Sako, Deanna <Deanna.Sako@hawaiicounty.gov>;Takase, Gerald <Gerald.Takase@hawaiicounty.gov>; Ung,Jules <Jules.Ung@hawaiicounty.gov>; Waltjen, Roxcie <Roxcie.Waltjen@hawaiicounty.gov>; Yamamoto, David <David.Yamamoto@hawaiicounty.gov>; Yee, Michael <Michael.Yee@hawaiicounty.gov>; Henricks,Jon <Jon.Henricks@hawaiicounty.gov>; Nims, Bonnie <Bonnie.Nims@hawaiicounty.gov>; Chung, Aaron<Aaron.Chung@hawaiicounty.gov> Cc:Ah Choy, Noel <Noel.AhChoy@hawaiicounty.gov>; Bautista,Amy<Amy.Bautista@hawaiicounty.gov>; Braman, Eva <Eva.Braman@hawaiicounty.gov>; Charon, Nicole <Nicole.Charon@hawaiicounty.gov>; Ferreira, Cathy <Cathy.Ferreira@hawaiicounty.gov>; Fujio, Mary<Mary.Fujio@hawaiicounty.gov>; Fukamizu, deEtte <deEtte.Fukamizu@hawaiicounty.gov>; Kaniho,Tammylyn K. <Tammylyn.Kaniho@hawaiicounty.gov>; Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>; Muramoto,Jean <Jean.Muramoto@hawaiicounty.gov>; Pacheco, Crystallene K. <Crystallene.Pacheco@hawaiicounty.gov>; Petersen, Lynn <Lynn.Petersen@hawaiicounty.gov>; Rodillas, Martha <Martha.Rodillas@hawaiicounty.gov>; Yamada, Glynis<Glynis.Yamada@hawaiicounty.gov>; Kelii, Haku <Haku.Kelii@hawaiicounty.gov>; lyo, Brittany<Brittany.lyo@hawaiicounty.gov>; Kakugawa, Chris HCA <ckakugawa@hawaiicountyauditor.us>; Espejo, Darlene <Darlene.Espejo@hawaiicounty.gov> Subject: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Aloha, Everyone, On behalf of the Hawai'i County Salary Commission, we would like to kindly ask for your participation in answering a few questions concerning your respective departments/agencies. The objective of this exercise is to secure the best available information in determining whether future salary adjustments should be incorporated into the County of Hawai'i's Fiscal Year 2019-2020 budget. These adjustments may represent increases, decreases, or status quo (no adjustments). The questions are as follows: 1. What are the primary duties and responsibilities of the department/agency head? 1 TAB 7 The Director of the Department of Liquor Control shall: A. Be the administrative head of the department. B. Provide clerical and administrative services for and on behalf of the Commission and the Board, including the submission of a budget for the operation of the Department. C. Investigate complaints regarding violations of the liquor control laws of the State or complaints regarding violations of rules and regulations established by the Commission and report such violations to the prosecuting officer of the County, provided that the Director shall be authorized to subpoena any witnesses or records for the purpose of an investigation where there is a cause to believe that a violation of liquor laws has occurred. D. Be authorized to enact emergency rules in the event of national, State or local emergency, for the health, safety or welfare of the public or the protection of life and property. Such emergency rule may be adopted without notice of hearing or publication and shall be subject to the approval of the Mayor and shall be in effect for the duration of the emergency. E. Be authorized to designate a portion of fine monies collected for use in programs to promote compliance to liquor laws. Such programs may include, but is not limited to enforcement, public service announcements promoting responsible drinking and driving, youth programs and education. 2. How many employees does the department/agency employ? 20 3. What is the department/agency organizational structure? Attached 4. What is the department/agency operating budget and funding encompass? See expenditure and revenue worksheets attached. The budget for the current year is $2,052,601. This budget represents funding for the entire department's operations, including expenses of the Liquor Commission and the Adjudication Board. 5. What major challenges does the department/agency heads face? The major challenges of the Department have been to keep up with the enforcement of the liquor laws on each of the 3 levels of government (federal, state and county). This requires that the Department be informed with not only local issues, but those on a national and international level. To date, the department has operated without a deputy director, which will hopefully change in the near future. The Department while tasked with enforcement actions has also expanded on the business development side to try and do its part to keep business moving forward to promote a healthy economy. Tp that end yearly sales number have continued to climb annually. The department is also deeply involved in educating and promoting events which try to educate and provide safe alternatives for the youth of this island. 6. Are there any overtime requirements of the department/agency? The department investigators operate on a 7 day schedule with shifts that can run as late as 4:30 am. Although we are usually able to adjust schedules to minimize overtime requirements, because of the small staff and the concentration of late night events on the weekends, some overtime is inevitable. We would sincerely appreciate receiving your response by Thursday, April 18. If you have any questions, please contact Bill Brilhante at 961-8361 or by e-mail at William.Brilhante@hawaiicounty.gov. Please submit your response via e-mail (or hard copy)to Glynis at Glynis.Yamada@thawaiicounty.gov. Your responses will be complied by this office, and presented to the Salary Commission at their meeting scheduled on Thursday, May 16, 2019, at 10:00 a.m. at the Council Chambers (you are welcome to attend). We appreciate your time and effort, and are grateful for your participation. 2 Mahalo O! Glynis Yamada, Secretary Salary Commission Department of Human Resources County of Hawaii Phone: 808.961.8361 Fax: 808.961.8617 Glynis.Yamada@hawaiicounty.gov 3 i 7- c M .ti / cc N r--. U t 7wth .. CL > ((j�i�s ��++ z M °i ,� N Q M - .{r N 111101111 V 0• tfi y o '_ cn > -- > 00 0 ce0 E. LL ... OC 0 W is 4. r \ \ -, is ° z44 Z MI N ? �+ UQ 'C G g 00 , C Uo Q ¢ Q < to F Q o z as .n � • Er... • cr 6 - .„. J � u' w� wv. - Y0 17- g m2 19p, UV m0 ce ,Ir ;'," c,)1- O 06 z O . 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CO u) O N O O u) ,- to O oV 0 N M.- r <O t0 O N u) N .- V O N O M u) N , - u) N — N _ 3 O ` 3 O C y 3 O _ O ICI = ., a w ¢ n to Y m a d 2 al E Q 0 ct Q U 'C C1 2 U O N a) A QC. ta m z e5 0 Z W P. oU Y e ? • a :; cn U li o oti O ar U U- U E o8 m N 3 W To Y °mLu 0 Q w .Z W O 'c w uJ C0 U �N w a) c 1 W Q C7 Z Ea S r m m v 3Q E W ❑ a c'w a tY� ai ? ¢ 0 w U � ¢ w U 0tn ti ww ted F mu) 2a a m3 cn Q Q Q w J Z LL ai uJ ai a) a)F' a) 03 ai Q ai LL D a) UJ J OU 0 W J 0 W Z r 0J 0 0 0Q 0 < U<0 0 co 0 E 9w w oz 7 ct W r C7 J U OW , ¢ w Oa O O O� O U OW Oto F. 9 L.0 o? ? o< ¢rn v LLo z z a v F o� a U v o7 0 172r oQ oy Z oQ oZ w o 2 o¢ < o-1 p w z Q O O z ocw_n Z O LLI = *C.. .5 o o❑ o� oW °° oto oto w o • 0 2 2 t")Q r O to Z to ❑ 0 to 0 U - U 7 J O Z 0 0 Q 0 Q 0 z 0 0 z 0 0 0 Q O T O O U Z Z EL_ U Z O Z Z J F -) O Q O J O r O U O 1 W 8 O Q Q O w LL 3 0_ LL 3 r W 2 W Q 2 Q S W 3 2 W r W 3 w 3 w 3 Q 3 7 3 Q Z 3 J 3 Q W 3 J W E0 0 a7 0 ❑ 0 r 0 0 0 0 a0 0 0 j r aJ a7 7 C C❑ aF. 0 a7 a z a K J U 0 J Q ❑ < J to 0 co z J 11 J 0 , z J U 171 u_ J LL J W J CO r J(T) J W J Z .- •- N .- N M V u) <0 N- CO O) .- N c') d' u) .- •- .- '- N .- N M N N n m O• N N N M M N N N N N N N M O 0NM NO 0 N. 0 O 0 PMV) Co Co N V N 44 O0 < O0i O O N N O 0 M NO 0 0 - N 0) 0 C"1 0) Co Co N OO 0 4 4 ^ co O N N o 0 N. 00) 0 00) 0) 0 t 0 0 0 00 0 O N Co Co O O aO O O 4 O 0 a V 4 ,_0) O 0 N N O O r N co 0 0 0 o0 NCoM 02 0 to O Cr LO 0 0 00 t00 Co Co r C') O O N N N N 0 O O O O O ‘- 0 C) O O N N t00 00 0N) Ori N N 00 0) 0) 0)0) COO IID 0 0 O 0 Co V Cl N LO o 0 0i r 0 a oo to 0) Coo a) o 0 0 N N T C N CV m`a, T Zi",' v) 0 O 0 0 + V 5 O - to N U .0 - f'-'2 C N O O n n C C C C a = N E y O O O N l6 0 y 0) y -C-)) N CO a n n 2 = = r o No NE E m .o -0 - C + + N } a) 5 E E E ua, v, v', .a) m m 0 c t >. m 3 3 3 3 3 _a 0 -o n o o E 0 a) a) a) a) a) O Y } Ca N O )C CO d' CC CC K K a LL LL CO CO o 0 r a m O 1- -J 71 is is 1- C. A ti Fo- 0 Orfs O co O O O O O O O O 0) O 0 0 0 0 0 0 0 0 0 0 0 0 O, 0 O 0 0 0 r 0 O Co N 0 0 r C) 0 0 0 O .- o Co Co CD 0) V O 0 O CO 0 0 0 t(j r ,- Co N CO O O V) O O N N Cr O 0)N U)N O r J a wQ C 15 r A oo z O to K 2 rn m o U r2' caFa u_ -o Z O a A Z U v O m a w 0 W v) C Ca `O Lo J LL5 U 5 O 0 O w 0N O OE co D Q c Z J Zw • O w x u Z 0 Q CC D 0y O O W0 z 2 Z C Z Qa a; O z mO o 0 a K 0 Uo U zo Q t- t 5 a I O w 0 W 60 w 2 0 Ln Lu y¢ w w O wO� QO 0 U w 0 towz z o o az o 0 w x no to p o -, < o 0 0a 0 Cz e c c> > U U O CO � w 0 aO m m o o o 0 0 U A2 UO L 0 K I LL 2 LL UWULIJo ^a U F a 0 0 L- � A ? U U O OJ U Q a Q o U , 3 Q O 8 LL J J J 0 O `O Q ¢ ax• Qz > w O rw o7LX0- Z0 co D C Cra 0 a 0 z z x a x - 0 ...71 F. Q JOx 2 5 2 JUJ a :Naga a) w a. JJ N CO V O 0 = N CO a- Cl = N CO V O 0 C — N Co 0 •- N Co O .72 a a) a 0 0 O Co DI CO 71.COtO Cl t00 e=- N N Estimated Revenues Fund 010 - General Fund Account Description FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2020-21 Actual Estimate Estimate Estimate Estimate 3100 Taxes 3101 Real Property Taxes 3101.10 Real Property Taxes 297,740,325.30 313,500,000 3101.14 RPT Penalties 2,173,736.76 1,600,000 3101.16 RPT Interest 1,890,608.57 1,900,000 +++ Real Property Taxes 301,804,670.63 317,000,000 3106 Gross Receipts Bus Taxes 3106.11 Public Service Co Tax 7,611,855.83 8,840,000 +++ Gross Receipts Bus Taxes 7,611,855.83 8,840,000 **** Taxes 309,416,526.46 325,840,000 3200 Licenses&Permits 3201 Business Lic&Permits 3201.01 Vehicle Plate&Tag Fee 371,255.00 339,000 3201.03 Vehicle Transfer Fee 222,125.00 220,000 3201.05 Misc Vehicle Fees 187,775.00 193,000 3201.06 County Vehicle Registration Fee 2,401,390.50 2,290,000 3201.28 Liquor License Fees 1,977,668.15 1,998,601 2,020,569 2,020,569 2,020,569 3201.40 Misc Bus. License 2,795.00 1,500 3201.42 Taxi Cab Licenses 26,940.00 25,000 3201.81 Fireworks License Fees 29,500.00 42,000 +++ Business Lic&Permits 5,219,448.65 5,109,101 3202 Non-Bus.Lic&Permits 3202.01 Dog Lic&Tag Fees 19,813.80 20,000 3202.03 Building Permits 1,597,146.29 1,800,000 3202.04 Electrical Permits 379,099.50 350,000 3202.05 Plumbing Permits 166,063.00 150,000 3202.06 Sign Permits 1,925.00 2,500 3202.12 Grade,Grub,Stockpile Fee General Fund 3,000 3202.20 Disabled Parking Permits 15,144.00 10,000 3202.51 Driver Licensing Fees 1,103,872.00 1,318,840 3202.53 Driver Exam Fees 50,790.00 26,700 3202.55 Taxi Permits 1,720.00 2,150 3202.57 Comm Driv Lic(CDL)Fees 48,470.00 56,395 3202.59 Safety Inspection Fees 291,386.80 283,000 3202.61 Police Records Fees 18,756.96 19,800 3202.63 M.V.Financial Resp Fees 69,084.00 52,735 3202.65 Special Duty Admin Fees 38,435.46 110,000 3202.68 Fireworks Permit Fees 65,705.00 47,000 3202.69 Sign Variance Fees 300.00 500 +++ Non-Bus.Lic&Permits 3,871,025.29 4,252,620 **** Licenses&Permits 9,090,473.94 9,361,721 3300 Intergovernmental Revenue 3301 Federal Grants 3301.01 Nutrition Program 229,308.99 743,278 3301.04 Area Plan On Aging 0.00 1,021,000 3301.09 Civil Defense-Regular 0.00 139,000 3301.13 C Z M 0.00 304,447 3301.14 Ret Sr Vol Proq(RSVP) 59,999.45 96,754 3301.15 Coordinated Services 73,385.50 179,000 3301.20 Sr Comm Svc Emp Prop 227,374.00 359,686 3301.21 Rural Fire Assistance 0.00 50,000 3301.37 Natl Pk-In Lieu Of Taxes 334,504.00 200,000 3301.38 Wild Life-In Lieu Of Tax 68,393.00 50,000 3301.80 Violent Crimes Unit 638.31 50,000 3301.99 Victims Of Crime Act 0.00 1,050,752 +++ Federal Grants 993,603.25 4,243,917 3302 Federal Grants 3302.01 Young Driver DUI Deter 0.00 25,000 3302.03 Speed Enforcement 57,590.46 171,036 3302.06 Nutrition Services Incentive Pqm 45,553.00 100,000 3302.30 Organized Crime Drug Enf T-Fce 0.00 50,000 3302.36 Violence Against Women 54,137.00 59,000 3302.37 Sex Assault Nurse Coord 0.00 55,000 3302.53 Local Emerq Ping Comm 0.00 16,000 3302.56 Occupant Protection Pqm 19,161.81 79,000 3302.76 Summer Food Service 57,304.84 90,000 3302.98 HI Impact Grant 158,026.06 182,000 +++ Federal Grants 391,773.17 827,036 3303 Federal Grants 3303.00 Volunteer Fire Assist 162,133.16 90,000 3303.32 HCPD Traffic Investig Pqm 8,381.18 71,500 3303.34 HCPD Click It Or Ticket 0.00 18,500 3303.42 HCPD Roadblock Pgm 111,126.81 200,000 3303.43 Rural Transit Assist Pgm 0.00 10,500 3303.63 HCPD Data Grant 8,742.24 16,520 3303.77 Justice Assistance Grant 0.00 150,000 +++ Federal Grants 290,383.39 557,020 3304 State Grants 3304.01 State Grants-In-Aid(TAT) 19,158,000.00 19,158,000 3304.02 State EMS 0.00 16,830,274 3304.03 Career Criminal Program 427,060.00 650,000 3304.04 Nutrition Program 125,082.30 180,654 3304.06 Area Plan On Aging 0.00 2,196,392 3304.08 HPHA-In Lieu of Taxes 0.00 25,000 3304.23 Witness Security&Prot 0.00 35,000 3304.53 PMVI Program Income 199,959.79 285,156 3304.56 C D L Program Income 337,479.34 379,591 3304.87 State MV Wght Tax 290,645.79 350,433 3304.91 Victim/Witness Assist 84,033.00 112,144 +++ State Grants 20,622,260.22 40,202,644 3305 State Grants 3305.08 C Z M 0.00 143,270 3305.18 Local Emerg Ping Comm 16,476.07 29,000 3305.19 Disabled Parking 12,552.00 30,000 3305.23 Product Development Pgm 60,000.00 70,000 3305.33 Primary/General Election 17,208.26 0 3305.47 Wireless E911 Fees 606,852.11 1,275,000 3305.53 W.HI Ocean Safety 1,116,864.44 560,443 3305.69 Rainbow Dr Grounds Maint 4,988.72 5,400 3305.74 Dept of Health-Tobacco Sting 5,434.02 12,000 3305.77 Driver License Program Income 190,182.86 139,425 3305.94 Agricultural Crimes Project 0.00 92,000 3305.95 Juv Intake&Assess Ctr 0.00 210,000 3305.96 N K Coqui Frog Control Proj 29,913.00 0 3305.98 Coord Services St-Trans 0.00 150,000 +++ State Grants 2,060,471.48 2,716,538 3306 State Grants +++ State Grants 0.00 0 3308 Federal Grants 3308.06 SAFE Standby Pay 0.00 55,000 3308.08 SAFE Training 0.00 25,000 3308.17 Aggressive Driving Project 0.00 90,000 3308.18 Justice Assistance Grant 2007 0.00 93,000 3308.19 Traffic Safety Trng Project 1,152.91 140,000 3308.65 Sexual Asslt Exam&DNA Analysis 8,100.00 0 3308.73 Distracted Driving Project 22,260.25 58,000 3308.88 BI Juv Intake&Assmt Ctr-BIJIAC 91,223.73 200,000 3308.93 Enf St Law Proh Alcohol Sales to Minors 0.00 12,000 3308.95 Improve Forensic Services 10,000.00 30,000 +++ Federal Grants 132,736.89 703,000 3309 Federal Grants 3309.20 COPS 2014 Grant 0.00 250,000 3309.22 Federal Grants-SAFE Program 40,900.00 52,000 3309.33 Hawaii Narcotics Task Force 0.00 62,500 3309.34 HI Fugitive Task Force-US Marsh 4,701.45 12,000 3309.35 Hawaii Airport Task Force-DEA 0.00 54,000 3309.36 HI Crim Jst Ctr-Case Mgt Sys 36,000.00 0 3309.37 Substance Abuse Prey Coord 32,613.55 110,000 3309.39 HI Crim Just Ctr-Overdue Disp 1,253.44 0 3309.40 US Secret Service 2,882.36 10,000 3309.46 State Homeland Sec Pgm FY 18 0.00 600,000 3309.47 Sec 5309 Capital Grt FY18-19 0.00 880,000 3309.48 Fed Transit Admin FY18-19 0.00 985,200 3309.49 USSS Electronic Crimes Tsk Fce 0.00 15,000 3309.55 HI DOH SNAP Food Systems 0.00 49,900 3309.57 Stwd Multi-Juris Drug Tsk Fce 6,500.00 0 +++ Federal Grants 124,850.80 3,080,600 ***' Intergovernmental Revenue 24,616,079.20 52,330,755 3400 Charges for Services 3401 General Government 3401.01 Subdiv Fees 36,300.00 50,000 3401.03 Public Record Fees 39,412.03 80,000 3401.07 Rezng&Var Fees 15,975.00 30,000 3401.08 Planning Map Fees 236.00 600 3401.09 Nomination Fees 1,175.00 1,000 3401.12 Planning Fees 20,531.00 30,000 3401.21 Gas'&Oil Chgs 1,662,456.12 2,054,773 3401.23 Auto Repair Chgs 758,329.25 672,345 3401.31 Subdiv Insp Fees 15,585.78 20,000 3401.35 Bldg Project Inspect Fee 0.00 100 3401.46 Env Mqmt Dept Admin Chgs 1,115,148.00 1,212,065 3401.51 Eng Div Svc Chg To Prol 324,089.10 150,000 3401.52 Eng Div Svc Fees-Other 0.00 10,000 3401.61 Bldg Div Service Fees 172,070.59 260,000 3401.62 Bldg Special Inspect Fee 4,717.00 10,000 3401.81 Work Comp Admin Chgs 0.00 80,000 +++ General Government 4,166,024.87 4,660,883 3402 Public Safety 3402.03 Fire Inspection Fees 4,500.00 5,800 3402.24 Impoundmt/Boarding Fees 9,557.10 8,400 3402.25 Microwave Maintenance 115,202.31 95,068 3402.26 Ocean Safety Pgms/Activs 0.00 2,500 +++ Public Safety 129,259.41 111,768 3403 Highways&Streets 3403.02 Drivewy,Sidewk,Dig Fee 4,809.40 4,000 3403.03 Bus Fares 771,940.24 900,000 3403.07 Taxi Coupon Sales 370,531.00 300,000 3403.09 Paratransit Coupons&Fares 10,489.91 8,000 +++ Highways&Streets 1,157,770.55 1,212,000 3407 Parks&Recreation 3407.10 Swimming Pool Fees 28,273.75 30,000 3407.11 Swim Programs/Novice 76,495.00 105,000 3407.13 Panaewa Egst Ctr Stlrent 17,005.00 22,000 3407.14 Afook-Chinen Auditorium 26,318.75 26,000 3407.16 Camping Fees 305,552.00 300,000 3407.17 Pavilion Reservation 51,381.00 76,000 3407.18 Panaewa Zoo 600.00 600 3407.19 Kanakaole M-P Stadium 63,326.50 50,000 3407.20 Facility Use Permits 230,654.72 205,000 3407.21 Wong&Victor Stadiums 19,411.29 20,000 3407.22 Aunty Sally's Luau Hale 31,640.00 34,000 3407.23 P&R Rent Incl Concession 42,775.66 100,000 3407.24 Veterans Cemetery Resery 341.00 300 3407.25 Recreation Classes/Activ 11,195.00 45,000 3407.26 Culture&Arts Cls/Activ 10,940.25 32,000 3407.27 Vets Cern Interment Fees 118,919.00 80,000 3407.28 ERS Section Activities 118,120.00 170,000 3407.29 Summer/Intersession Fees 24,880.00 45,000 3407.30 Officiating Fees 10,984.00 12,000 3407.33 P&R Forfeits Of Deposits 11,310.00 3,000 3407.36 Summ/Intrssn Class/Activ 128,645.00 175,000 3407.37 Coord Sery Health/Trans Sery 17,496.00 40,000 3407.38 Mauna Kea Lodging 4,400.00 260,000 +++ Parks&Recreation 1,350,663.92 1,830,900 **** Charges for Services 6,803,718.75 7,815,551 3500 Fines&Forfeitures 3501 Fines&Forfeitures 3501.01 Fines 0.00 500 3501.05 Forfeits-Deposits, Misc 0.00 4,000 3501.06 Forfeits-Deposits,RPT 0.00 200,000 3501.07 Police Asset Forfeits 0.00 500,000 3501.08 Police Forfeitures-State 33,814.10 200,000 3501.21 Pros Atty Forfeits-State 33,814.10 200,000 3501.23 Pros Atty Forfeits-Fed 0.00 50,000 3501.31 Liquor Fines 14,800.00 20,000 20,000 20,000 20,000 3501.33 Planning Dept Fines 12,900.00 40,000 3501.35 Flex Spending Forfeits 11,617.27 25,800 3501.37 Building Div Fines 7,000.00 0 3501.40 RPT Tax Sale Cost&Exp 688,692.76 1,070,000 +++ Fines&Forfeitures 802,638.23 2,310,300 "*** Fines&Forfeitures 802,638.23 2,310,300 3600 Miscellaneous Revenue 3601 Interest&Dividends 3601.01 Interest Earned 1,556,446.07 1,000,000 +++ Interest&Dividends 1,556,446.07 1,000,000 3602 Rents 3602.01 Miscellaneous Rent 53,372.00 51,000 3602.02 Employees Parking Stalls 61,972.50 60,500 3602.07 Pu'u Alala Land Rent 31,562.18 28,000 3602.08 ADRC Rent 20,925.85 22,000 3602.09 Paauilo Land Rents 51,209.29 47,000 +++ Rents 219,041.82 208,500 3604 Disp Of Fixed Assets 3604.01 Sale Of Equipment 17,532.00 20,000 3604.02 Sale Of Real Property 0.00 10,000 3604.03 Rcvry Of Damaged Proprty 5,077.00 1,000 +++ Disp Of Fixed Assets 22,609.00 31,000 3607 Contrib From Priv Srcs 3607.00 Contrib From Priv Source 0.00 5,000 3607.01 Nutrition-Program Income 144,212.90 275,000 3607.02 Coord Svc-Program Income 28,944.26 40,000 3607.08 Block Grant Proq Inc 205,721.78 150,000 3607.09 Home Pqm-Program Income 46,146.21 50,000 3607.10 P&R Misc Contributions 2,727.58 100,000 3607.11 EAD Misc Contributions 0.00 5,000 3607.12 Aging Proj Income 500.00 7,500 3607.13 Fire Dept Private Contributions 0.00 50,000 3607.16 Zoo Misc Contributions 4,180.00 20,000 3607.17 Culture&Arts Misc Contr 0.00 10,000 3607.18 Police Dept Private Contributions 2,000.00 20,000 +++ Contrib From Priv Srcs 434,432.73 732,500 3609 Reimbursemts&Transfers 3609.00 Reimb Corp Couns S&W-Dws 112,233.74 139,000 3609.02 Reimb FICA/Hlth/Etc-Liqr 336,037.45 283,868 3609.09 Fund Bal Res For Liquor 0.00 30,000 0 0 0 3609.10 Fund Bal From Prey Year 0.00 15,300,000 3609.32 Reimb Debt Svc-Dws 3,680,301.32 3,679,096 3609.33 Reimb Debt Svc-KEHP 0.00 92,155 +++ Reimbursemts&Transfers 4,128,572.51 19,524,119 3611 Sundry&Misc 3611.02 Misc Sale Of Services 210.00 100 3611.04 Sundry Revenues-Curr Yr 151,429.47 100,000 3611.05 Sundry Revenues-Prior Yr 140,620.36 125,000 3611.06 Vacation Transfers-In 46,094.31 20,000 3611.12 ID Assmt Collection Chgs 0.00 3,500 3611.15 Other Liquor Revenues 3,148.20 4,000 4,000 4,000 4,000 3611.19 BID Admin Fees 2,164.50 2,000 3611.23 Feed-In Tariff 16,528.56 22,000 +++ Sundry&Misc 360,195.40 276,600 **** Miscellaneous Revenue 6,721,297.53 21,772,719 2,044,569 2,044,569 2,044,569 General Fund 357,450,734.11 419,431,046 Harry Kim �o� L':"wo'� Darren J. Rosario Mayor S '•yj.1�+ Fire Chief 4 "r,• Lance S.Uchida ++ +r d Depu!v Fire Chief ��``4Ff•oFµp,,N Qountp of o.tno.ei HAWAII FIRE DEPARTMENT HUMAN R.e3OURCES 25 Aupuni Street•Suite 2501•Hilo,I Iawai`i 96720 APR 0 3 2019 (808)932-2900•Fax(808)932-2928 RECEIVED April 3, 2019 TO : WILLIAM BRILHANTE, EX-OFFICIO MEMBER HAWAII COUNTY SALARY COMMISSION is FROM : DARREN J. ROSARIO,FIRE CHIEF SUBJECT : REQUESTED INFORMATION FOR THE SALARY COMMISSION Thank you for the opportunity to provide answers to the questions sent to our department regarding requested information to determine future salary adjustments. I would like to provide the following information to your questions: 1. What are the primary duties and responsibilities of the Fire Chief? a. Please see attached County of Hawai`i Fire Chief Position Description updated by the Hawai`i County Fire Commission in 2018. 2. Ilow many employees does the Fire Department employ? a. The HFD currently employees 532 paid career positions in the department covering positions in its Fire, Emergency Medical Services(EMS),Ocean Safety (OS),and Administrative areas. The department operates 20 career fire stations and 15 Ocean Safety Towers at 12 beach parks. The HFD also manages an average of 130 volunteer firefighters across 18 volunteer fire stations. 3. What is the Fire Department's organizational structure? a. Please see attached Hawaii Fire Department Organizational Chart. is 4. What is the Fire Department's operating budget and funding encompass? a. The department's FY 19/20 budget is as follows: I. General County Fund $30,826,316 II. State Funded EMS Contract $16,830,274 III. State Funded Hapuna OS Contract $ 745,538 IV. Grant Revenues $ 185,000 V. Other(Misc Fee Collections, Permits) $ 139,000 VI. TOTAL $48,724,52$ �1s -mow;. •• �1p '4.4Ek J�rRF�n�. 111 Hmmmi'i County is an Equal Opportunity Provider and Employer. • TAB 8 t Harry Kim �0se`oF H'��!'9 11, Darren J. Rosario Mayor "`.• 1,G' �, Fere Chief } • Lance S.Uchida c n9•; Deputy'Fire Chief ,`4rf or,,,, s. County of abuai`i HAWAII FIRE DEPARTMENT HIJMAN rasDURCES 25 Aupani Street•Suite 2501•Hilo,Ilawai`i 96720 APR 0 3 2019 (808)932-2900•Fax(808)932-2928 RECEIVED April 3, 2019 TO : WILLIAM BRILHANTE, EX-OFFICIO MEMBER HAWAI`I COUNTY SALARY COMMISSION FROM : DARREN J. ROSARIO,FIRE CHIEF SUBJECT : REQUESTED INFORMATION FOR THE SALARY COMMISSION Thank you for the opportunity to provide answers to the questions sent to our department regarding requested information to determine future salary adjustments. I would like to provide the following information to your questions: 1. What are the primary duties and responsibilities of the Fire Chief? a. Please see attached County of Hawai`i Fire Chief Position Description updated by the Hawai`i County Fire Commission in 2018. 2. Ilow many employees does the Fire Department employ? a. The HFD currently employees 532 paid career positions in the department is covering positions in its Fire, Emergency Medical Services (EMS), Ocean Safety (OS),and Administrative areas. The department operates 20 career fire stations and 15 Ocean Safety Towers at 12 beach parks. The I-TFD also manages an average of 130 volunteer firefighters across 18 volunteer fire stations. 3. What is the Fire Department's organizational structure? a. Please see attached Hawai`i Fire Department Organizational Chart. 4. What is the Fire Department's operating budget and funding encompass? a. The department's FY 19/20 budget is as follows: I. General County Fund $30,826,316 II. State Funded EMS Contract $16,830,274 III. State Funded Hapuna OS Contract $ 745,538 IV. Grant Revenues $ 185,000 V. Other(Misc Fee Collections, Permits) $ 139,000 .314 VI. TOTAL $48,724,528 y "z. 11PWgri, 44( 11 Hnwai'i County is an Equal Opportunity Provider and Employer. is TAB8 II Salary Commission information Page 2 April 3, 2019 5. Are there any overtime requirements of the Fire Department? a. The department incurs overtime in two primary instances; emergency and non- emergency overtime. The department is required by contract to provide certain non-emergency overtime such as but not limited to the contractual Rank for Rank program(vacancies caused by ranked personnel on approved leave are covered by recalling peer ranks to fill the position rather than on-duty temporary assignment), contractual Holiday pay, Fair Labor Standards Act, and scheduled overtime due to the 24hr shift work. The department supervisors has the authority to restrict all other non-emergency overtime such as support staff overtime to complete non- emergency work. Complex or multi-day emergency incidents require overtime when additional personnel are needed to mitigate the incident. Assistant Fire Chiefs and Battalion Chiefs incur overtime when tasked with being on scene at these large emergency incidents or directed to staff the Emergency Operations Center(EOC) at Civil Defense. The Deputy Fire Chief and Fire Chief are required to be present when directed to the EOC at Civil Defense. It is not uncommon for any chief officer to work in excess of 60-80 hours during natural disaster events such as Hurricane,Earthquake, Tsunami, and the recent Eruption incidents covering the EOC. The Deputy and Fire Chief also attends community meetings/events as directed that usually occur after regular business hours. The Deputy Fire Chief and Fire Chiefs positions are not compensated with overtime as they are salaried positions. Critical non-ranked Operations positions that must be filled daily may be filled with overtime recall if they are not staffed with on- duty personnel such as OS Towers,Medic positions,etc. Thank you for the opportunity to provide input. Do not hesitate to contact me for any further input or questions. Best Regards, DARREN J. ROSARIO Fire Chief N 0 w 3 0 o i C U y 0 F-. O .0 C as a) as > eu a� 0. a cet a) onC. aect a, cu `n U U a•� s •� W F 0 7) OA aa ) 2 u c. pa — iz on c c o o c H •� •a a.) cA C. cn L -2 w C 0 oo 0 s O �c E �' c 0 0 c c c c c i- 0 O U O C ° �•O ° O O 0 ._ — 0 — o t ? M 4� 0 j 'o > = y asci a'v� o> `g• `" = m o 0 2 a a? .000. 00. a . Acc ur ;� IS. N G. ...� N G. M O Q .2. � N •. Cz f V.. — aJ c U Cd u t sfx � � 0 , a U -; — [z, v5 — y �., c . �: � 44 a inns — o �. c I. a el d o c° Ca ea C .� o. 4 a cu cu U Tr i es L. el O +0 MMcsU U (NI U En Wcu LI •O C UO N • U icol o —. rn O c C/50 y. c y.• o • 0 n' cl a - Q. 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L sE ceE = LEV� ac � rn COrirnO ❑ i. m v) O c L v .. CI O c O a x � m O C ar) gCA e cIA I t,. E ., .4-...2_ '.: . p., 4. -0p, �. Sp. .12- co 1 w -EA _ ,. s w — .0 W .,-;). — L .0 w •y — C+ .0 412 .c7 y •y � s ..i t CA GO. et C4 O. U � VI a. .0 CI � V O... et CC: 0. 0u es W `" o O C a .0 m Y `�' a a) " XI 5 `r �" � cn CIP 3 3 3 3 a 3 .,--, a) 0 c — •5' o o h a A � cvctO0 ,- c_) th, — a xw � :° • a) 2 ~ id i •N v 3 x cO on L C it County of Hawaii Fire Chief 2018 Position Description Appointed Position by the Hawai'i Fire Commission ii ii $151,200 Annually DUTIES SUMMARY: Manages the Hawaii Fire Department with strong vision,goal setting and strategic leadership in fire protection and suppression,pre-hospital emergency medical services,land and sea search and rescue, hazardous materials response,ocean safety,and fire prevention and public education for the County of Hawaii;oversees the comprehensive firefighting,pre-hospital emergency medical services,search and rescue,aviation,ocean safety,volunteer fire,and hazardous materials programs;administers support services including auxiliary services,budget,fire prevention,and training for the department;responsible for all of the activities necessary to plan for,finance,direct,maintain,evaluate,and continuously optimize the organization for the efficient and effective delivery of all fire and pre-hospital emergency medical services under his/her authority;is the primary fire and emergency management advisor to the Mayor,Managing Director and County Council,and reports to the Hawaii Fire Commission;performs other related duties as required. ESSENTIAL DUTIES INCLUDING BUT NOT LIMITED TO THE FOLLOWING; a 1 • Oversees the planning,direction,coordination,and is responsible for county-wide firefighting,search and rescue,aviation management,ocean safety,volunteer fire,hazardous materials,and pre-hospital emergency medical services operations through subordinate supervisors. • Oversees the planning,direction,and coordination of activities for auxiliary services,fire prevention, training,and pre-hospital emergency medical services bureaus of the department through subordinate supervisors. • Allocates resources for the most effective utilization of finite resources to meet strategic plan ti objectives while engaging cooperating agencies,volunteers,and the public. , • Oversees all commands for extensive,complex,or catastrophic fire,search and rescue,hazardous materials or other emergency incidents as required. • Promotes and ensures implementation and adherence to a department-wide safety program in compliance with OSHA,HIOSH and NFPA standards. • Ensures effective management of all-risk incidents through department compliance with NIMS and ICS management principles common to all government agencies to ensure the immediate integration of resources in large and complex responses. • Prepares,updates and ensures compliance with the department's Continuity of Operations Plan (COOP)as a part of the overall county COOP program. • Reviews operational performance of the department to ensure appropriate tactics,optimum utilization of personnel,equipment,and facilities;Evaluates and approves recommendations for improvement. • Administers and manages the budget for the department including but not limited to grants, 1 contracts,and personnel requirements. Oversees the preparation and development of capital improvement budgets,prepares reports and documents as requested;represents the department and makes presentations at budget hearings before the administration and County Council. • Develops,implements and periodically reviews the department Strategic Plan and implements a yearly Program of Work to accomplish the strategic objectives. • Oversees and evaluates the performance of subordinates under his/her direct supervision;meets with senior staff and others as appropriate to evaluate activities,discuss problems,and collaborate on strategies for improvement. Encourages and provides pathways to develop the future leadership from within. • Issues,enforces and periodically reviews current rules and regulations manuals,and general procedural guides to all personnel to assure uniformity and effective emergency operations. Institutes corrective action when appropriate. • Oversees the department's training program from recruit classes through chief officers. Provides additional leadership,supervision and management training for company officers and above to j! provide"2 deep"trained leadership. Serves as a mentor to department employees. • Serves,or properly delegates,as a liaison with the Civil Defense emergency operations center(EOC) to ensure collaboration of inter-agency planning and logistics before and during all-risk events and community crisis. • Reviews department activity reports to determine compliance with department policies,procedures, and practices;prepares and submits periodic reports regarding battalion activities and needs. • Reviews recommendations made by promotion selection panels and selects most qualified candidates based on merit. • Oversees the department's record management system(RMS)program with senior department staff. • Oversees the department's public relations effort.Fosters open and effective internal and external communication,and ensures cooperation and collaboration throughout the department. • Reviews department activities and reports to determine compliance with departmental policies and procedures,safety practices,and OSHA/HIOSH requirements.Makes changes and corrections as needed. • Prepares and presents formal presentations and testimony before the County Council;presents legislative,public hearing and inter-agency planning and review testimony as required. • Serves as a member of the Mayor's cabinet,State of Hawaii State Fire Council,Hawaii Fire Chiefs Association's Board of Directors,and other state or federal-level special committees or task forces for special projects that require the Chief's direct involvement. • Serves as department liaison with other county,state,and federal agencies. MINIMUM QUALIFICATION REOUIREMENTS: • Must be a citizen of the United States and be a resident of the State of Hawai'i for one year prior to appointment,and five(5)years of training and experience in fire control including at least three(3) years of experience in a responsible administrative capacity,and • Possession of a valid State of Hawai'i driver's license(Class 3)or any other valid comparable driver's license. Knowledge of: Fire management organization,all-risk response and administration including leadership, supervision,training,and budget preparation and control;personnel management;principles,methods and techniques of firefighting and pre-hospital emergency medical services including types and uses of pertinent equipment;federal,local and State rules,regulations,ordinances,and laws relating to fire department operations;department policies,rules,practices,and procedures;and the geography and physical characteristics of the County of Hawaii and its adjacent waters. Ability to: Plan,organize,direct,and administer an extensive firefighting,search and rescue,aviation �! operation,ocean safety,volunteer fire,hazardous materials,and pre-hospital emergency medical services 2 operation;apply firefighting principles and knowledge in developing an effective firefighting,rescue, hazardous materials,and pre-hospital emergency medical services operation;conduct inspections and investigations of performance and conditions;apply good judgment in making management decisions; establish and maintain effective working relationships with subordinates and the public;and keep records and prepare reports. Special Working Conditions: Irregular hours,shift and weekend work,and exposure to hazardous and obnoxious conditions as required. Physical Requirements: Persons seeking appointment to positions in this class must meet the health and •• physical condition standards deemed necessary and proper to perform the essential functions of the position • with or without reasonable accommodations. Physical Effort Groaning: Light 4 � li ii _ r i'. 3 Yamada, Glynis HUMAN RESOURCES From: Bautista, Amy APR 17 2019 Sent: Wednesday, April 17, 2019 11:31 AM To: Brilhante, William;Yamada, Glynis RECEIVED Cc: Gyotoku, Neil; Hosaka, Duane T Subject: FW: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Attachments: 2017-07-01 Housing.pdf Mr. Brilhante: Please see Mr. Gyotoku's below responses: 1. What are the primary duties and responsibilities of the department/agency head? Hawai'i County Code-Section 2-70. Powers of housing administrator. (1) Develop and construct dwelling units, alone or in partnership with developers; (2) Provide assistance and aid to a public agency or person in developing and constructing new housing and rehabilitating old housing for the elderly of low income, other persons of low income, and persons displaced by any governmental action, by making long-term mortgage or interim construction loans available; (3) Contract with any eligible bidders to provide for construction of urgently needed housing for persons of low income; (4) Make a direct loan to any qualified buyer for the down payment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential property; (5) Sell or lease completed dwelling units; (6) Assist in the leasing of private and public dwellings; (7) Acquire and utilize public and private lands for the purposes of this article; (8) Provide interim construction loans to partnerships of which it is a partner and to developers whose projects qualify for federally assisted project mortgage insurance, or other similar programs of Federal assistance for persons of low income; (9) Prepare documents for the housing agency to apply for and utilize private, Federal, and State rental payment assistance funds; (10) Provide County funds for rental payment assistance for private and public dwellings; and (11) Adopt such rules pursuant to chapter 91, Hawai'i Revised Statutes, as are necessary to carry out the purposes of this article. (1983 CC, c2, art 13, sec 2-70; am 2014, ord 14-8, sec 1.) 2. How many employees does the department/agency employ? 51 3. What is the department/agency organizational structure? Organizational chart attached. 4. What is the department/agency operating budget and funding encompass? Budget and Revenue Funding: FY 2019-20: $26,821,825 1 Ali 9 1 5. What major challenges does the department/agency heads face? • Retaining employees-all of the positions in OHCD are contract-exempt and do not have the security of civil service tenure; • Funds come from different Federal and State of Hawai'i sources so financial accounting requirements and auditing processes are different and complex. 6, Are there any overtime requirements of the department/agency? • Processing CDBG applications and revision of Consolidated Action Plan; • During Civil Defense emergencies, OHCD is responsible for damage assessments. _lm.y Bautista Private Secretary to :Neil-S. 6:yotoku, 3-lousing ,administrator Office of 3-lousing and Community Development 1990 :Kino`o(,e Street, Suite 102 Milo, 3-fawaii 96720 Phone: (808) 961-8379 /fax: (808) 961-8685 e mail. am .6aut stc kt awaiicounty.gov This email and any attachments are confidential and may be privileged. This email and any attachments may be read,copied,and used only by the intended recipient. If you are not the intended recipient please do not read,save,forward,disclose,or copy the contents of this email or attachments. If this email has been sent to you in error,please notify the sender by return email and delete this email and any copies or links to this email completely and immediately from your system. From:Yamada, Glynis Sent:Thursday, March 21, 2019 9:05 AM To: Subject: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Aloha, Everyone, On behalf of the Hawai'i County Salary Commission,we would like to kindly ask for your participation in answering a few questions concerning your respective departments/agencies. The objective of this exercise is to secure the best available information in determining whether future salary adjustments should be incorporated into the County of Hawai'i's Fiscal Year 2019-2020 budget. These adjustments may represent increases, decreases, or status quo (no adjustments). The questions are as follows: 1. What are the primary duties and responsibilities of the department/agency head? 2. How many employees does the department/agency employ? 3. What is the department/agency organizational structure? 4. What is the department/agency operating budget and funding encompass? 5. What major challenges does the department/agency heads face? ti 6. Are there any overtime requirements of the department/agency? 2 We would sincerely appreciate receiving your response by Thursday,April 18. If you have any questions, please contact Bill Brilhante at 961-8361 or by e-mail at William.Brilhante@hawaiicountv.gov . Please submit your response via e-mail (or hard copy) to Glynis at Glynis.Yamada@hawaiicounty.gov. Your responses will be complied by this office, and presented to the Salary Commission at their meeting scheduled on Thursday, May 16, 2019, at 10:00 a.m. at the Council Chambers (you are welcome to attend). We appreciate your time and effort, and are grateful for your participation. Mahalo O! Glynis Yamada, Secretary Salary Commission Department of Human Resources County of Hawai'i Phone: 808.961.8361 Fax: 808.961.8617 Glynis.Yamadaphawaiicountv.gov 3 >, (: C C O 0.) O a) . .a •C— • In ASI re. . 0 , EG) a) *a 01 C > C VS 0 E 8 CL 1') O c ni CD c > ..... CD u) > 0 t i5 >, 03 u) c) c- 0 ,-- li •— . tis Z c ta a) — (1) -t a) 7) w a) i E ..c -E- ca — C) C C .— ZMD di e. tc ._ in iii = •(-6 t i co •—• v..- Te. V) 0 LIJ = CSII 0 = 441.... 0 0 U 47: kll 0 t 'C' a) a) >. E E li; E o. o = 0 co > 12 Tu c =t: .— - 0,3 a 0 . ,V) al •Ri Ca Z' 5".. (S 1",-- = J.4 >15 as 4- X ,-16 0 E '5 o 0 ,r) 27 Q. ."--) i ..'".'• 77 t) E 55 . ' 6. ' a) JD -3 (1) 8._ >, (1) ., ca , 0 c3 ca. a 0 — I- ZS 6 , .._ 0 12 ti; E E o)9 8 . 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C o y m s 3 T o = E o Q a) m t 0 V E U Z c c .c o L a-rn o c o a 'a» _ `�° �.. . c as a.._ � c ta Ec ca .6 o m Ec S2 taco Qo e- 22 4c) oac)va) 3.° o 2aa) 2 2 2 > �SO`'y U 0 4 c u) LL CO 0 Sa 0. a0) Ce > H .S E v)W o N •o ( OO as w '+-. c c +-. c as« m W O U ' .Q a HUMAN I E SOURCES Yamada, Glynis PpR 1 2010 From: Ung, Jules RECEIVED Sent: Thursday, April 18, 2019 11:17 AM To: Yamada, Glynis Cc: Muramoto, Jean; Norris, Kevin; laukea, Matthew L; Leeloy, Betsy; Carvalho, Laurine Subject: RE: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Aloha Glynis, Responses to the Salary Commission's questions follow: 1. What are the primary duties and responsibilities of the department/agency head? a. Operate the network system,and coordinate and oversee the operations of departmental information technology,except for technology maintained by the department of water supply,office of the prosecuting attorney and hawai`i police department b. Provide technical expertise in information technology to applicable departments and agencies of the county c. Assist in the development of an information technology workforce and a services-oriented infrastructure d. Advise the mayor on matters relating to information technology 2. How many employees does the department/agency employ?20 staff+1 director 3. What is the department/agency organizational structure? (1) Director (1) Private Secretary (1)User Support Manager (4) Help Desk Staff (6)Applications staff (1)Systems Support Manager 1 Network Staff 3 Shared Services Staff 4. What is the department/agency operating budget and funding encompass? For FY 18-19 Salaries&Wages: 1,417,644 Operations: 1,239,797 Equipment: 240,199 Total: 2,897,640 5. What major challenges does the department/agency heads face? • 22 mile gap in fiber network. We currently lack a complete fiber ring for network redundancy and high availability. Spectrum has indicated that the County fiber ring should be completed toward the end of 2019. This would be a 1 TAB 10 huge improvement in infrastructure and allow us to complete our network to support public safety communications and critical services for the County. • Limited Staff. One of the smallest departments in the County,we have (4) helpdesk staff to provide onsite support to approximately 1500 users spanning an area of 4,028 square miles. This equates to approximately 375 users to 1 helpdesk staff. On average,our support desk receives 30 tickets per day,and takes 7.5 to 8 days to resolve issues. 6. Are there any overtime requirements of the department/agency? Yes—network or critical application outages are given priority for public safety. The communications for Fire, Police,and Civil Defense need to be supported 24/7. Additionally, mitigating issues for public facing Divisions such as VRL, Driver's Licensing,and Real Property are given priority to service the public and will accrue overtime for IT staff working outside of normal business hours. mahalo, Jules From:Yamada, Glynis<Glynis.Yamada@hawaiicounty.gov> Sent:Thursday, March 21, 2019 9:05 AM To: Brilhante, William<William.Brilhante@hawaiicounty.gov>; Ferreira, Paul <Paul.Ferreira@hawaiicounty.gov>; Gyotoku, Neil<Neil.Gyotoku@hawaiicounty.gov>; Kamelamela,Joe<Joe.Kamelamela@hawaiicounty.gov>; Kim, Harry <Harry.Kim@hawaiicounty.gov>; Kucharski,,William <William.Kucharski@hawaiicounty.gov>; Ley, Diane <Diane.Ley@hawaiicounty.gov>; Rosario, Darren <Darren.Rosario@hawaiicounty.gov>; Roth, Mitch <Mitch.Roth@hawaiicounty.gov>; Sako, Deanna <Deanna.Sako@hawaiicounty.gov>;Takase, Gerald <Gerald.Takase@hawaiicounty.gov>; Ung,Jules<Jules.Ung@hawaiicounty.gov>;Waltjen, Roxcie <Roxcie.Waltjen@hawaiicounty.gov>;Yamamoto, David <David.Yamamoto@hawaiicounty.gov>; Yee, Michael <Michael.Yee@hawaiicounty.gov>; Henricks,Jon <Jon.Henricks@hawaiicounty.gov>; Nims, Bonnie <Bonnie.Nims@hawaiicounty.gov>; Chung,Aaron<Aaron.Chung@hawaiicounty.gov> Cc: Ah Choy, Noel <Noel.AhChoy@hawaiicounty.gov>; Bautista,Amy<Amy.Bautista@hawaiicounty.gov>; Braman, Eva <Eva.Braman@hawaiicounty.gov>; Charon, Nicole<Nicole.Charon@hawaiicounty.gov>; Ferreira, Cathy <Cathy.Ferreira@hawaiicounty.gov>; Fujio, Mary<Mary.Fujio@hawaiicounty.gov>; Fukamizu, deEtte <deEtte.Fukamizu@hawaiicounty.gov>; Kaniho,Tammylyn K.<Tammylyn.Kaniho@hawaiicounty.gov>; Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>; Muramoto,Jean<Jean.Muramoto@hawaiicounty.gov>; Pacheco, Crystallene K. <Crystallene.Pacheco@hawaiicounty.gov>; Petersen, Lynn <Lynn.Petersen@hawaiicounty.gov>; Rodillas, Martha <Martha.Rodillas@hawaiicounty.gov>; Yamada, Glynis<Glynis.Yamada@hawaiicounty.gov>; Kelii, Haku <Haku.Kelii@hawaiicounty.gov>; lyo, Brittany<Brittany.lyo@hawaiicounty.gov>; Kakugawa, Chris HCA <ckakugawa@hawaiicountyauditor.us>; Espejo, Darlene<Darlene.Espejo@hawaiicounty.gov> Subject: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Aloha, Everyone, On behalf of the Hawai'i County Salary Commission, we would like to kindly ask for your participation in answering a few questions concerning your respective departments/agencies. The objective of this exercise is to secure the best available information in determining whether future salary adjustments should be incorporated into the County of Hawai'i's Fiscal Year 2019-2020 budget. These adjustments may represent increases, decreases,or status quo (no adjustments). The questions are as follows: 2 1. What are the primary duties and responsibilities of the department/agency head? 2. How many employees does the department/agency employ? 3. What is the department/agency organizational structure? 4. What is the department/agency operating budget and funding encompass? 5. What major challenges does the department/agency heads face? 6. Are there any overtime requirements of the department/agency? We would sincerely appreciate receiving your response by Thursday,April 18. If you have any questions, please contact Bill Brilhante at 961-8361 or by e-mail at William.Brilhante@hawaiicounty.gov. Please submit your response via e-mail (or hard copy) to Glynis at Glynis.Yamada@hawaiicounty.gov. Your responses will be complied by this office, and presented to the Salary Commission at their meeting scheduled on Thursday, May 16, 2019,at 10:00 a.m. at the Council Chambers (you are welcome to attend). We appreciate your time and effort, and are grateful for your participation. Mahalo ®! Glynis Yamada, Secretary Salary Commission Department of Human Resources County of Hawai'i Phone: 808.961.8361 Fax: 808.961.8617 Glynis,Yamada@hawaiicounty.gov 3 HUMAN RESOURCE Yamada, Glynis APR 16 2019 From: Bonnie S. Nims <bnims@hawaiicountyauditor.us> RECEIVED Sent: Tuesday, April 16, 2019 2:50 PM To: Yamada, Glynis Subject: RE: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Hi Glynis, Please see the following responses from the Office of the Legislative Auditor: 1. What are the primary duties and responsibilities of the department/agency head? As required by County Charter (Section 3-18(b)),the Legislative Auditor is required to have three years general auditing experience including one year of governmental auditing. Advanced certification (certified internal auditor, certified public accountant, or other professional certification or advanced degree) is preferred. The Legislative Auditor performs the following(County Charter Section 3-18(d &g)): (1) The annual financial audit of the county, as required in Article X, Financial Procedures, Section 10-13, Post-audit. (2) Performance and/or financial audits of the funds, programs, services, and operations of any county agency, executive agency, or program, as set forth by the legislative auditor in an annual audit plan that shall be transmitted to the county council and the mayor and filed with the county clerk as a public record. (3) Follow-up audits and monitoring of responses to audit recommendations by audited entities. In other words,the Auditor conducts or causes to be conducted, independent audits of the County in accordance with Generally Accepted Government Auditing Standards. This includes performance audits (an independent examination of a program,function, operation or the management systems and procedures to assess whether the entity is achieving economy, efficiency and effectiveness in the employment of available resources),the annual financial statement audit (this is currently contracted to a CPA firm and the contract is managed by the Auditor), and follow-up audits to determine the status of prior audit recommendations. These reports are transmitted to the Mayor's Office and the County Council and filed with the County Clerk as a public record. In addition to overseeing and conducting audits,the Auditor is required to: • submit an annual audit plan to the County Clerk(County Charter Section 3-18(d)(2)) • submit an annual budget to the County Council (County Charter Section 3-18(c)) • hire and manage necessary staff including contractors (County Charter Section 3-18(c)) • manage office operations and expenditures including payroll and accounts payable 2. How many employees does the department/agency employ? Five (5) 3. What is the department/agency organizational structure? The Office of the Legislative Auditor is an independent audit office headed by the legislative auditor who is appointed by the county council to a six year term (Hawaii County Charter 3-18(a)). 1 County Council County twni Who* °riao of the losiolotiow Aed$or Within the Office, our organization is as follow: Lagiertho Ae is Asn 1 1 rsa�w r�u� Coro toO) IC-000.12 it Mil tG l 44.00016 • 4. What is the department/agency operating budget and funding encompass? Operating budget for FY19$786,540. Budget requested for FY20 is$801,458 Expenditures are predominately salaries and wages, travel/training (required by Charter), contract payments for the financial statement audit with an outside CPA firm, and miscellaneous OCE. Revenue is general fund. 5. What major challenges does the department/agency heads face? • Independence—Our office is required by statute to remain independent in both fact and appearance. • Recruitment— It is extremely difficult to find qualified auditors for the salary that is available. Our recently filled position was open for over a year. This places more strain on the other members of the staff and the Legislative Auditor with increased training and job responsibilities. • Inconsistent IT and lack of available data—As auditor's we need accurate electronic data to perform data analytics. Without this data, we cannot adequately analyze trends and inconsistencies for a meaningful audit report. • Culture resistant to change. • Out of date processes—some procedures haven't been updated in 30 years (see bullet above). • Training—Training is required to meet government auditing standards set forth by the Government Accountability Office (GAO). To meet this training requirement, off-island travel is required. 6. Are there any overtime requirements of the department/agency? No requirements. Overtime is worked as needed based on deadlines. If you have any questions, or would like any clarification, please don't hesitate to contact me. Thank you, 1 0ww%e S. N ms, C4AP Legislative Auditor Office of the Legislative Auditor County of Hawaii 2 120 Pauahi Street, Suite 309 Hilo, HI 96720 Phone: 808-961-8490 Email: bnims@hawaiicountyauditor.us From: Yamada, Glynis [mailto:Glynis.Yamada@hawaiicounty.gov] Sent: Thursday, March 21, 2019 9:05 AM To: Brilhante, William; Ferreira, Paul; Gyotoku, Neil; Kamelamela, Joe; Kim, Harry; Kucharski, William; Ley, Diane; Rosario, Darren; Roth, Mitch; Sako, Deanna; Takase, Gerald; Ung, Jules; Waltjen, Roxcie; Yamamoto, David; Yee, Michael; Henricks, Jon; Nims, Bonnie; Chung, Aaron Cc: Ah Choy, Noel; Bautista, Amy; Braman, Eva; Charon, Nicole; Ferreira, Cathy; Fujio, Mary; Fukamizu, deEtte; Kaniho, Tammylyn K.; Ley, Rachelle; Muramoto, Jean; Pacheco, Crystallene K.; Petersen, Lynn; Rodillas, Martha; Yamada, Glynis; Kelii, Haku; Iyo, Brittany; Kakugawa, Chris HCA; Espejo, Darlene Subject: Salary Commission's Inquiry to Departments and Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Aloha, Everyone, On behalf of the Hawai'i County Salary Commission, we would like to kindly ask for your participation in answering a few questions concerning your respective departments/agencies. The objective of this exercise is to secure the best available information in determining whether future salary adjustments should be incorporated into the County of Hawai'i's Fiscal Year 2019-2020 budget. These adjustments may represent increases, decreases, or status quo (no adjustments). The questions are as follows: 1. What are the primary duties and responsibilities of the department/agency head? 2. How many employees does the department/agency employ? 3. What is the department/agency organizational structure? 4. What is the department/agency operating budget and funding encompass? 5. What major challenges does the department/agency heads face? 6. Are there any overtime requirements of the department/agency? We would sincerely appreciate receiving your response by Thursday, April 18. If you have any questions, please contact Bill Brilhante at 961-8361 or by e-mail at William.Brilhante@hawaiicounty.gov . Please submit your response via e-mail (or hard copy) to Glynis at Glynis.Yamada@hawaiicounty.gov. Your responses will be complied by this office, and presented to the Salary Commission at their meeting scheduled on Thursday, May 16, 2019, at 10:00 a.m. at the Council Chambers (you are welcome to attend). We appreciate your time and effort, and are grateful for your participation. Mahalo O! Glynis Yamada, Secretary Salary Commission Department of Human Resources County of Hawaii Phone: 808.961.8361 Fax: 808.961.8617 Glynis.Yamada@hawaiicounty.gov 3 HUMAN RESOURCES MAR 292019 March 21, 2019 RECEIVED TO: Mr. William Brilhante, Director Department of Human Resources FR: Roxcie L. Waltjen, Director Department of Parks& Recreation RE: Hawaii County Salary Commission Questions Per your request of 03/21/19,the following responses are provided for your perusal: 1. Parks& Recreation Department: Mission Statement: The Department of Parks& Recreation strives to improve the quality of life of our island residents and visitors by providing a full range of recreation areas, facilities, programs and services throughout the Island. The Department provides a wide variety of recreational and cultural programs while operating and maintaining 321 sites throughout the Island.These sites include beach parks, neighborhood parks, senior centers, community centers and facilities for active recreation such as ball fields, soccer fields, gyms, swimming pools,tennis courts and rodeo arenas. In addition, the Parks& Recreation Department is responsible for the maintenance and operation of special purpose facilities such as the Hilo Drag Strip, Skeet Range, Equestrian Center,the Pana'ewa Rainforest Zoo, Ho'olulu Complex, the Hilo Municipal Golf Course, Alae Cemetery, (3)Veteran cemeteries and 13 community cemeteries. Parks& Recreation is the most diverse Department in the County and consists of Divisions such as Recreation, Aquatics, Culture & Education, Parks Maintenance, Pana'ewa Zoo,Golf Course, Ho'olulu Sports Complex and the Elderly Activities Division. These multi-faceted divisions and sections work together to achieve the mission stated above. The Director of the Parks& Recreation Department is responsible for overseeing the largest service and program oriented department in the County of Hawaii. Duties include carrying out the dictates of Chapter 15, Hawaii County Codes; formulating, evaluating and implementing the various department's programs; reviewing and approving all departmental correspondence with outside agencies, supervising various divisions/section heads and evaluating their performance and preparing and managing the departmental budget and personnel programs. The Deputy Director under the supervision of the Director of the Parks& Recreation Department will be responsible for the overall management and supervision of the Department in the absence of the Director. 2. The Department of Parks& Recreation currently has a total of 472 employees and during the summer increases to approximately 550 for the Summer Fun programs. Positions are full-time, IAB 12 part-time,Summer Temporary Hires, senior employees, hourly instructors and contract workers. Employees are covered under the UPW, BU01, HGEA, BU 02,03, 04 and 13 (which includes 35) labor unions contracts. 3. Organizational structure is attached. (See 3.A) 4. The Department operates with a budget of$27,980,449 for the current fiscal year 2018-2019. A breakdown is provided in the attached sheet. (See 4.A) 5. The major challenges faced by this Department are: • Lack of funding to increase staff needed to maintain and operate all facilities. Whenever someone calls sick; we are short staff at pools,gyms and park maintenance. • Homeless problems/vandalism • Aging facilities that require more repairs which has been covered up by cosmetic short term fixes. Older vehicles with mileages greater than 150,000 and lack of proper equipment to get the jobs done in house (rather than by contract). • New facilities have been built with no budget for additional staffing. Chart below exemplifies how the Department has grown over the past 10 years: FY 2007 FY 2019 Number of Facilities 140 321 Number of Employees 600 472 Budget $ 22,308,183 $ 27,980,449 6. The Department of Parks& Recreation has overtime requirements for the following: • Whenever there are disasters, both man-made and natural which pose a threat to the safety of the public and/or property;which may cause injury or death;the Department of Parks& Recreation plays a major role at the Civil Defense Emergency Operations Center. • Parks& Recreation's Director and Deputy are required to make decisions and coordinate the operations with regard to facility closures, camping permits, events, scheduled activities and programs, evacuations, sheltering and clean up. In addition,once the EOC is activated Parks& Recreation is required to have someone there 24 hours/day. • Most recently we have worked overtime during the following events: - 2018 Kilauea Lava Event - Hurricane Lane - Power Outages - Tropical Cyclones - Flash Flood Warnings - High Surf Advisory Warnings - Kilauea Summit Collapse - Bridge Closure - Ash Explosion - Earthquake/tsunami threat - Extreme Tides - Special/Severe Weather Should you require additional information, please feel free to contact me. a. A . BREAKDOWN 2018-19 BUDGET Acct# Division 2018-19 Budget 5501 Band $291,629 5503Administration $2,008,737 55051Park Maintenance $10,386,359 5421'Cemetery $422,542 5507 Recreation $3,217,707 5509jSummer Fun $505,018 5511!Hoolulu j $1,036,098 5513Aquatics $2,544,791 5517jCulture & Education $299,354 5519j EAD $710,474 5481:11CSE $1,552,863 5482'RSVP $428,314 5483 J Nutrition $1,897,837 54841Sr Employ $427,176 5523 Panaewa $829,333 5561 Golf Course $1,422,217 TOTAL $27,980,449 cP .9 — � >, m = 5 ¢ o 10 = > ¢ Uo WQ� U o = > w • ce W0 U C O N CD o co N.Q � L � c' pQ 2c6 � c m > ° Y N e2 2 Y C F- PO o h. 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E co Q m M 0 ,_v 0 E W 0 2 Ua0 E oQ 0 000 050 O 000 4 Responses to Salary Commission by Michael Yee, Planning Director, April 22, 2019 1. What are the primary duties and responsibilities of the department/agency head? The Planning Director is the chief planning officer for the county and the head of the Planning Department. The primary duties and responsibilities of the Planning Director, and generally as provided in the County Charter, are to: • Advise the Mayor, the Windward Planning Commission, the Leeward Planning Commission and the County Council on all planning and land use matters. • Prepare a general plan, community development plans, implementation plans and any amendments thereto. • Prepare proposed zoning and subdivision ordinances, zoning maps and regulations and any amendments thereto. • Review the lists of proposed capital improvements contemplated by agencies of the county and recommend the order of their priority. • Administer the subdivision and zoning ordinances and regulations adopted thereunder. • Render decisions on proposed subdivision plans pursuant to law. • Make recommendations on rezoning applications, special exceptions and other similar requests. • Render decisions on proposed variances pursuant to law, except that, if any written objections are made to the planning director's actions under this section, said actions shall be subject to review by the Board of Appeals, unless otherwise provided by law or the County Charter. • Perform such other related duties and functions as may be necessary or required pursuant to law and the County Charter. 2. How many employees does the department/agency employ? Planning has 60 full-time employees for FY 2018-2019. For FY 2019-2020 we have been approved for three new temporary positions in response to the 2018 Kilauea lava eruption to manage a housing assistance program, and we are seeking seven new positions for short-term vacation rental regulation. This would bring the total employees to 70 full-time employees in FY 2019-2020. 3. What is the department/agency organizational structure? The Planning Department is lead by a Director and Deputy Director, who are appointed, and supported by a Private Secretary. The Department has five divisions and each is lead by a manager: Administrative Permits, Administrative Services, Long Range, Planning Commissions, and West Hawaii. Each division has between 10 and 14 employees. The Administrative Permits and West Hawaii divisions oversee regulatory matters of the Department over which the Director has discretionary authority, such as zoning and subdivision, as well as code enforcement. These divisions provide comparable services to the public on both the East and West sides of the Hawaii Island. The Planning Commissions division support several the Windward and Leeward Planning Commissions, Cultural Resources Commission, and Banyan Drive Hawaii Redevelopment Agency. The Windward and Leeward Planning Commissions exercise regulatory authority as provided in the County Charter and Hawaii County Code under the advisement of the Planning Director. The Long Range division oversees the island- wide General Plan and Community Development Plans for each district, supports the Board of Appeals, and is responsible for policy development and coordination on TAB 13 Salary Commission, Michael Yee,April 22, 2019 environmental policy, such as climate change and coastal zone management, infrastructure planning, and the Capital Improvement Plan. The Administrative Services provides central eservices to the Department including financial management, human resources, the management of the County's tax maps and GIS data systems, and programs related to geothermal community benefits. 4. What is the department/agency operating budget and funding encompass? For FY 2019-2020 the Planning Department's operating budget is $4,255,000. Approximately $3,772,000 (88.6%) is from the General Fund and the remaining $483,000 (11.4%) is in grants. The most significant grant is from Hawaii Office of Planning and primarily supports coastal zone management activities. The Planning Department is also responsible for several special funds for the administration of programs: Geothermal Relocation and Community Benefits Funds ($1,000,000 annually), Geothermal Asset Fund ($50,000 annually), and Short Term Vacation Rental Enforcement Fund ($650,000 annually). 5. What major challenges does the department/agency heads face? A. In two years, the department has never been fully staffed. Don't see the employee pool changing and civil service system does not adapt. Not enough people to get the work done in a timely manner. a. Exceptionally high number of turnovers and employment. 10% in first two years of current administration. Estimate another 10% in the next 2 years. b. Civil service system that is inefficient and inflexible to meet the human resource demands of the department. We do hire some good people in spite of County policies. But we are losing opportunities because of the system. c. Lack of funding for supporting student stipends and internships that would help grow the planning profession on Hawai'i Island. B. Implementation of short term vacation rental ordinance. a. Special account will likely lead to 7 new staff. But system does not allow timely recruitment and hiring of staff. Major OT hours already being incurred by existing staff. b. Unknown needs. It is difficult to know where all the needs are for staff skill sets and resources to address implementing registration and enforcement. c. Bringing on 7 staff even create logistical obstacles. Where do the new staff sit? No enough work stations in existing office. C. County Zoning Code needs revision. Subdivision code about 35 years old. a. No resources allocated to perform update. b. Problems with old codes language bogs down permitting processes. Old code is part of the inefficiency of permitting process. D. State Legislative Activity— Planning Department plays a critical role during State legislative session. a. Planning Department is the "Coordinating Agency" for Hawai'i County— no other county department has this role. This does not just pertain to legislative session, but indicates how many issues intersect with land use and zoning. b. Monitoring and analyzing hundreds of bills being introduce for impacts on County. Especially need to look for unfunded mandates from State that affect land use and zoning. c. Provide testimony and advocacy as necessary for specific bills and issues 2 Salary Commission, Michael Yee,April 22, 2019 d. It is generally"high alert" throughout the legislative session because legislators can "gut and replace" or revise content of bills throughout the session. e. Appears other counties and their planning departments have more staff specifically assigned to legislative issues than Hawai'i County. f. Coordinating on issues is time consuming and hyper process. The legislative process seldom affords you much more than 48 hours to have to read legislative drafts, analyze, coordinate with Mayor/Departments/Council, draft testimony, distribute testimony for review, finalize and to submit testimony. Director and Deputy often have to put down everything to address a legislative issue. E. Lack of resources to adequately develop and adopt policy climate change and sea level rise policy. Intense community and political pressure on Planning Director to be on top of the issue. a. The island will face hundreds of millions of dollars to address impacts of climate change and sea level rise. Longer we wait to understand the problem, the more likely it will cost us more to address it. b. Lack of coordinated attention because there is no specific department or office specifically assigned to the issues. No entity has cross departmental influence or authority to have issue prioritized within other departments. F. EnerGov permit software — Go live date is late 2019. a. Implementation - Project did not provide any additional staffing resources to design and implement software. Hundreds of hours were placed on existing staff with existing workloads to assist with project implementation. No change to this approach is planned. b. Post-Implementation — no additional resources provided for staff to provide robust critical review (analysis and data) for continuous improvement of permit system. G. Lack of resources to adequately perform inclusive and equitable community engagement. Impossible to perform true community engagement with current resources. Constant struggle to do better but with no new resources to do so. H. Implementation of cross department and jurisdictional projects. For example, Vision Zero, Complete Streets, Multi-modal transportation system a. Time consuming to create and nurture the individual relationships to forward each project. b. Advocacy for funding I. Arborist Committee — re-established in 2018 and currently staff by Mayor's office. Mayor's office asked Planning Department to re-establish in 2017 but we did not have adequate resources to do so. Mayor's office looking at handing it back to us at some point. J. Appeals and contested cases. Planning Department faces many appeals and contested case each year. Somewhat unpredictable, but vacation rentals will likely bring many more. K. Addressing State Agricultural Land Issues 3 Salary Commission, Michael Yee, April 22, 2019 a. Important Agricultural Land — County has yet to identify Important Agricultural Land as directed by the State. This would entail significant resources which the department does not have to complete the project. b. Vacation Rentals —Overnight Accommodations — State law is not aligned with what the County needs. c. Agricultural Tourism — Refine codes and policies to promote more agricultural tourism. 6. Are there any overtime requirements of the department/agency? Overall for department staff Overtime occurs during periods when we are under staffed (leave of absences, family leave, retirements, and employee separation) and when work with the public occurs outside of normal office hours. Community meetings that occur in the evening or weekend create a significant amount of overtime hours. During periods of disasters and emergencies, overtime occurs for the staff will perform shifts at the Emergency Operations Center. Director and Deputy The Director and Deputy receive no compensation for overtime as exempt positions, but both the Director regularly works 6 days/week, 50-60 hours/week and the Deputy regularly works 50 hours per week. To stay on top of the numerous emails, it is necessary to stay connected at all hours. Unless we are on leave, it is seldom that we are "unplugged" for any length of time. There is an expectation that during County emergencies that the Cabinet report to EOC, so unless on we are on leave, we are not able to really "disconnect." The Planning Department supports several evening community meetings each month. The Director averages attending about 1-2 evening meetings per month. Public hearings and County Council meetings can also go beyond normal business hours. The Director travels to the Kona office/civic center 2-3 times per month. The travel time is usually in addition to a normal 8 hour work day. Although work related travel to Honolulu is occasional, travel usually occurs early in the morning and you return in the evening. The Director and Deputy speak regularly to community groups early in the morning or in the evening. They also attend community events in the evening and weekends. Given the nature of community planning it is necessary that we are visible and accessible to a variety of communities. 4 Harry Kim Paul K. Ferreira Mayor pp Police Chief HUMAN I4R C '�'� 2019 • �> ••• " APR 1 7 `°'-"� Kenneth Bugado Jr. Deputy Police Chief RECEIVED County of Hawar i POLICE DEPARTMENT April 17, 2019 349 Kapi`olani Street • Hilo,Hawai`i 96720-3998 (808)935-3311 • Fax(808)961-2389 TO : WILLIAM V. BRILHANTE, JR., DIRECTOR OF HUMAN RESOURCES ATTN :� , SECRETARY, SALARY COMMISSION FROM : PAUL K. FERR RA, POLICE CHIEF SUBJECT : SALARY COMMISSION'S INQUIRY TO DEPARTMENTS AND AGENCIES CONCERNING PROPOSED SALARY ADJUSTMENTS FOR FISCAL YEAR 2019-2020 This is in response to your March 21, 2019, email request for information about our agency for the Hawai'i County Salary Commission. The following are my responses to the questions posed: 1. What are the primary duties and responsibilities of the department/agency head? • The preservation of the public peace, prevention of crime, detection and arrest of offenders against the law, protection of the rights of persons and property, and enforcement and prevention of violations of all laws of the state and ordinances of the county and all regulations made in accordance therewith. • Train, equip, maintain, and supervise the force of police officers and employees. • Promulgate rules and regulations for the organization and administration of the police force. • Make periodic reports to the police commission about the activities of the police department and about actions taken on cases investigated by the police commission. • Have such other powers, duties, and functions as may be required by the police commission or provided by law. 2. How many employees does the department/agency employ? • 450 Authorized Sworn(Police)positions • 184 Authorized Non-Sworn (Civilian)positions TAB 14 "Hawai'i County is an Equal Opportunity Provider and Employer April 17, 2019 SUBJECT : SALARY COMMISSION'S INQUIRY TO DEPARTMENTS AND AGENCIES CONCERNING PROPOSED SALARY ADJUSTMENTS FOR FISCAL YEAR 2019-2020 PAGE 2 3. What is the department/agency organizational structure? • Refer to attached organizational chart. 4. What is the department/agency operating budget and funding encompass? • For FY 2018-2019, the department's operating budget is $67,294,563, which includes Federal and State Grants. Approximately 75% of the operating budget is dedicated to salaries and wages, with the remaining 25% for operations. • For FY 2019-2020, the department's operating budget is estimated at $73,143,395, as a result of proposed increases in sworn and non-sworn positions, funding for technological improvements, etc. 5. What major challenges does the department/agency heads face? • One of the major challenges facing the police department is the recruitment and retention of sworn police officers. In recent years with the economy improving, interest in applying for positions in the Public Sector, primarily Police, has diminished greatly, creating staffing shortages that result in additional costs (i.e., overtime, etc.). • Another major challenge impacting the police department is the lack of facility maintenance over the course of more than 10 years, due to budgetary constraints, which has resulted in the deterioration of facilities. 6. Are there any overtime requirements of the department/agency? • As appointed positions, the Police Chief and Deputy Police Chief do not qualify for overtime. All hours outside of the normal 7:45 a.m. to 4:30 p.m. workday are not compensated. Activities outside of the normal workday include natural disaster response, special events, community meetings, other government agency meetings, etc. U I C a a 1 a w.- m U UlN 0 Ulm rn of Ow E m< - < 0/ . 6< U� z ti,tt m _~ i s a> z z a vi oxI xxl I U1- 0x a < yU Ui zqUx1 0 o OC 7 0 r1W Z a ! Iib °<� > z0 Qd d>I P - � xd ti.777 pi v» Q w o >U 0_ —• z I O 4 Qp w< ` tri WO z U to w U I zod stw U uFU > o T T :_._T` a s 0-11 z U OO 5 x O xU I J 7 til U U H is U EU,�" a l0 ; �r rNi 47 Um S J m dr t;m II? oa r I S Si �~ -15.T �� ,-_-,5E W mU h m 0 UFF2- wU- 4.0 z 2 fn 7 IX p < Eq 7 g I- z w OHC OU a a LT— I -T" —1-- T d J _1 !E r PI WO 4 °� z w IV)°° z < ' 1-' 0 U �=Q ? m w ` cxa 1 0¢ or 0< x i 0.N 0 US i U L— 0 a_ `�t'rz U z of - < W S a. 00 z --_Jo 3 U w< 0 o D ' 6 - =U ZU ...r m _ a. W Iq= 1 1� o� 0 1-__._— i t L m O a T T T' _i oi_ • ce 20 w l o " rn2 m 1 az P W� O W z ow ,UWWUWN UH q dwm vm t6�m pz= w$ f� �. zz wE 2x,, OF~ Uo o<x 5= 7FQT 0‹R z _ ` U) gz0 O'U m< dv a0 V u_R. = W0° O4 g Orn P V '.7. ,0 \ 0 >h U� O Up U ~CO VI g a _7 - -JO I T `T f <z xr`y ¢ m I o o m V\)[:i 16 CC U z z U Z _ M 00 e- O 6 y -,a2,-- Q'N 4- tq M a H r=� t�u4 wd o¢ z¢ `^ jF- I y Ji C Yz U— O- I p= �` .�[fY U 0- w?-.. p!- apFC- Oific.pp-y� +�W t- V yE�-^ — ij‘Ai 0 �� � } 2 Uw a aDC U �Uz Z m V or g d ka Z Fwd d d N z ti uZ^ • 110171 �►� ¢ `-mwa U) T I T T� T 1 N A zoa , d d <U U 0 1 O 1 655 KTLAUEA AVENUE MITCHELL D. ROTH HILO,HAWAII 96720 PH:(808)961-0466 PROSECUTING ATTORNEY o • �:aJ�+,. • FAX (808)961-8908 DALE A. ROSS # :+ (808)934-3403 I • N.it/w! + (808)934-3503 FIRST DEPUTY J 1; PROSECUTING ATTORNEY ° , , WEST HAWAII UNIT 81-980 HALEKI'I ST,SUITE 150 KEALAKEKUA,HAWAII 96750 PH:(808)322-2552 OFFICE OF THE PROSECUTING ATTORNEY FAX (808)322-6584 April 22, 2019 HUMAN RESOURCES Salary Commission Members Hawaii County APR 2 2 2019 Department of Human Resources Hilo, HI 96720 RECEIVED RE: Proposed Salary Adjustments for Fiscal Year 2019 - 2020 Dear Members of the Salary Commission, In response to the Salary Commission's 03/21/19 inquiry regarding proposed Salary Adjustments for Fiscal Year 2019 - 2020, the Office of the Prosecuting Attorney provides the following: 1) What are the primary duties and responsibilities of the department/agency head? Refer to Attachment A 2) How many employees does the department/agency employ? 120 Employees 3) What is the department/agency organizational structure? Refer to Attachment B 4) What is the department/agency operating budget and funding encompass? Refer to Attachment C 5) What major challenges does the department/agency heads face? Refer to Attachment A 6) Are there any overtime requirements of the department/agency? Refer to Attachment A Hawaii County is an Equal Opportunity Provider and Employer TAB 15 Salary Commission Members April 22, 2019 Page 2 of 2 We appreciate the opportunity to provide input. Should you have any questions or require additional information, please feel free to contact me at (808) 934-3303. Sincerely, MITCHELL D. ROTH Prosecuting Attorney ATTACHMENT A The Office of the Prosecuting Attorney is the legal agency responsible for prosecuting all violations of State and County laws, ordinances, rules, and/or regulations on behalf of the Big Island community as provided by Hawaii County Charter Article IX: Chapter 28; H.R.S. 28-1 . The Mission at the Office of the Prosecuting Attorney for Hawai'i County is to pursue Justice with Integrity and Commitment. The Office of the Prosecuting Attorney is like a ship, with everyone working together to accomplish our Mission and towards the further goal of making our Big Island community a safer and healthier community. The Prosecuting Attorney, as the Department Head is like the Captain of the ship. In this role the Prosecutor sets the direction, and lays out the course to be traveled, and deals with issues that arise. Also like the captain of a ship, the Prosecutor and the First Deputy Prosecutor are responsible to make sure that everyone is working together and is doing what needs to be done to accomplish our goals. Each unit of the office has people who are supervising others. The Prosecutor and the regularly meets with the division heads determines what's working, what needs to be changed, what their needs are and then gives the support needed to keep the ship on course. The Prosecutor has taken an active role in working with the staff to establish policies and procedures. In the last several years, we have embarked on a journey of becoming an agency that fights through adversity to find ways of accomplishing our goals. The Prosecutor has been active in creating, supporting, or instituting successful strategies. Examples of this can be seen in the numerous cold cases that we have successfully worked on, in starting a restorative justice program, on improving the criminal justice systems response to strangulation cases, and supporting proactive programs that reduce recidivism and crime. While a ship's captain must have knowledge in the currents, weather, stars and other navigation techniques, the Prosecutor and First Deputy must keep vigilant on the ever changing laws and issues occurring in the community. This includes keeping a current temperature on how judges are ruling and deputies are handling their cases, and what is happening with witnesses as the Prosecutor is ultimately responsible for approving plea agreements. The Prosecutor also tends to other tasks as they come up. These tasks include but are not limited to: attending policy and other meetings on State, County and other community issues, testifying at State and County hearings, giving speeches, problem solving issues with various legal and other issues. At times the Prosecutor and First Deputy may also do other legal work. In the last couple of years, budget and personnel and changing laws, rules and policies in the Judiciary have been a major challenge for the Office of the Prosecuting Attorney. 1 ATTACHMENT A Over the past several years we have been working on a status quo county budget for operations (Supplies, Travel, Services, etc.), during the same time the cost for operations have gone up. Many of the positions in the Office of the Prosecuting Attorney are funded by funds outside of the County budget. Approximately a quarter of the office budget comes from grants, forfeiture, and other funds outside of the County budget. Acquiring and managing these funds demands constant determination and vigilance. Over the last couple of years, the legislature and Appellate courts have made changes in the laws that have negatively impacted and made the work of the Office of the Prosecuting Attorney more difficult. Some of these changes deal with legal procedures (increasing the minimum value for a felony theft offense (from $300 to $750), procedures for proving cases and insuring that the police get warrants [which needs to be reviewed by prosecutors] for all points bulletins [APB], bail reform, etc.), some of the changes do with funding (funding for Career Criminal Prosecution, forfeitures being distributed from the county police and prosecutors to the State general fund, etc.), and other changes dealing with procedures (electronic filing which takes work away from the courts and puts it on the Prosecutors Office). Many of these changes as well as changes at the police dept. have increased the workload on the staff at the Office of the Prosecuting Attorney. Because of these outside influences and the lack of staff to adequately respond the amount of work, overtime being put in by employees has skyrocketed over the last year. Almost every night and every weekend employees are working overtime to stay current with the work load. While civil servants receive overtime and comp. time as compensation, the Prosecutor and many of the Deputy Prosecutors work hundreds of unpaid hours of overtime every year. Burn out is a reality and has made staff retention a major challenge. 2 RS c U s- X m co a U = U Lc) u 'O a) aa) o0 _ .= 0 oho d .5 Q < a 0 o. 0. a) N 0 0 1- O0 ^ r.+ C) C v CD C f6 O . 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M MMM J O O O O O O Z 00000 •12' 00000 N 7) a) w > ATTACHMENT C The Current Budget FY 18-19 is $10,453,414* and is made up of $7,414.520 of County General Funds, Grant Revenues of $2,788,896 and "other" funds of 250,000. Those funds pay for 93 County Funded positions and 27 Grant Funded positons, for a total of 120 funded positons. Of the County Funds spent approximately $6,885,392 is spent on Salaries and Wages, $521,386 on Operations (Supplies, travel, services, etc.) and 1,500 on Equipment. Of the Grant Funds $1,620,701 is spent on Salaries and Wages, $1,299,358 on Operations (Supplies, Travel, Services, etc.) and $150,000 on Equipment. Grant funds include Federal and State Forfeiture funds. *AII of these numbers are very close approximations, but not the exact numbers as they are based on predictions of the current year (which is in progress and adjusted from the previous year. The Office is made up of approx. 36 Deputy Prosecuting Attorneys, 11 Investigators, 6 Clerks, 33 Legal Clerks, 14 Victim Witness Staff, 2 Information Technology Staff, 1 Accountant and 1 Account Clerk, 1 Senior Account Clerk, 1 Business Manager, The Prosecutor and 1 First Deputy Prosecutor, 2 Legal Assistants, 1 Student Helper, 1 Hunan Resources Assistant, 1 Private Secretary, 2 Special Projects Coordinators, 1 Program Manager, 1 Senior Clerk Stenographer, and 2 Supervising Legal Clerks. The divisions in the office are as follows: District Court and Circuit Deputy Prosecuting Attorneys (Hilo/Kona/Waimea) , Circuit Court Deputy Prosecuting Attorneys (Hilo/Kona/Waimea), Assigned Deputies for Sex Assault, Domestic Violence, Traffic, Community Oriented, and Intake/Screening. Clerical Staff for District Court and Circuit Court and Intake in Hilo/Kona and Waimea. Victim Assistance Unit (Hilo and Kona) , Restorative Justice Section (Hilo) , Special Projects Section (Hilo), Management Information Systems (Hilo), Fiscal (Hilo), Human Resources (Hilo), and programs in those units also include Forfeitures, Court House Dog, Overseeing the Hawaii County Committee on the Status of Women, Statewide Traffic Safety Training Coordination, and Grant funded programs. Offices are in Hilo, Kona and Waimea. HUMAN RESOURCES cr,,,• APR 0 2 2019 • �����° �l"-- . ,:•,�`�.':1%'��/�; 2. How many employees does the department/agency employ? Public Works has a total of 413 positions. Currently we have 352 filled positions and 61 vacant positions; 33 of the vacant positions are funded and 28 of the vacant positions are unfunded. 3. What is the department/agency organizational structure? Public Works consists of six divisions including Administration, Automotive, Building, Engineering, Highway Maintenance, and Traffic. Please refer to the attached organizational charts. 4. What is the department/agency operating budget and funding encompass? General Fund: $18,542,776 Administration: $2,090,308 Automotive: $4,851.000 Building: $5,743,626 Building Inspection: $3,169,495 Construction Inspection: $525,901 Engineering: $1,832,446 Flood Control: $330,000 Highway Fund - DPW: $38,627,998 5. What major challenges does the department/agency heads face? Large additional unplanned and long duration work tasks addressing infrastructure damage repair/replacement and federal disaster relief coordination generated by the 2018 Lower East Rift Eruption and Hurricane Lane disaster events. Addressing public outcry for improving the permitting process has been a long ongoing challenge that has had to current incremental successes short of expectations. Addressing building and roadway construction, maintenance and repair with limited resources. 6. Are there any overtime requirements of the department/agency? Both Highways and Traffic have overtime requirements. Highways overtime is due to personnel responses to disasters, heavy rains, high surf, fallen trees, brush fires, and other roadway hazards. Traffic's overtime is due to personnel stand-by services to address damaged/malfunctions traffic signals, street lights, and signage as well as periodic night work that needs to occur after sunset. Attachments County of Hawai'i is an Equal Opportunity Provider and Employer. COUNTY OF HAWAII DEPARTMENT OF PUBLIC WORKS FUNCTIONAL STATEMENTS 2017 — 2018 DEPARTMENT OF PUBLIC WORKS Directs and administers departmental functions, programs, and activities for the public's health, safety and environment through planning, design, construction, operation and maintenance of the County's infrastructure. Administers applicable Federal, State, and local laws and rules governing public works programs. ADMINISTRATION Is responsible for the administration of all departmental functions. Provides clerical, technical, personnel, fiscal, community outreach, and public information support services to the divisions within the department. Clerical Provides clerical support for the Department. Contracts Prepares and processes construction and consultant contracts for the County. Personnel Oversees all personnel functions for the Department. Reviews and processes all personnel related documents. Fiscal Oversees and coordinates all fiscal functions for the Department. Public Information and Education Oversees and coordinates all public meetings and media campaigns for the Department, including reaching out to the community and informing the public on projects and programs. Special Projects Oversees the Bridge Program (inspection and repair), as well as other special projects assigned by the Director (including disaster recovery). Page 1 of 7 AUTOMOTIVE DIVISION Responsible for the repair and maintenance of all automotive and construction equipment of the County on an island-wide basis, except such equipment as may be more practically maintained by the department having control thereof as determined by the Chief Engineer. Authorized to bill any department, agency or special fund for supplies and services. Responsible for the department's island- wide fuel storage tanks and facilities. Construction Equipment Repairs and maintains medium and heavy construction equipment in the Hilo district. Repairs and maintains automotive vehicles and equipment, medium and heavy construction equipment in the rural districts (Puna, Kohala, and Kona). Maintains a majority of Solid Waste's vehicles and equipment. Operates a welding shop in Hilo. Automotive Repairs and maintains a variety of automotive vehicles, trucks, lawn tractors and other equipment in the Hilo district. Support Staff Plans, directs, controls and coordinates the overall operations of the division. Oversees general administrative, accounting, payroll, personnel and computer matters. Page 2 of 7 BUILDING DIVISION Oversees the administration, review, coordination and enforcement of building codes within the County of Hawaii. Responsible for the repair and maintenance of County-owned buildings. Responsible for contracting building repair, renovation, and new facilities construction. Support Staff Provides overall administration of the division; reviews the adoption of new codes and policies; renders decisions on code issues; monitors finances and manpower needs of the division. Inspection Receives, reviews, issues and provides inspections for building, plumbing and electrical permits to assure compliance with code requirements. Collects fees for permits issued. Issues notices for and pursues building code violations. Design/Maintenance Design & Engineering - Plans, designs, prepares contract documents, and bids for construction County-owned facilities that are under the Department of Public Works responsibility. Assists County agencies with CIP and maintenance programming. Repair and Maintenance - Provides for the maintenance and repairs of County-owned facilities that are under the Department of Public Works responsibility. Custodial and Grounds Maintenance — Provides custodial, grounds, and minor building maintenance at assigned County offices and baseyards island-wide. Page 3 of 7 ENGINEERING DIVISION Responsible for the planning, engineering, and implementation of highways, bridges drainage, and similar types of civil engineering capital improvement projects. Administers County Ordinances under the division's purview such as grading, driveway, sidewalk, encroachment, flood hazard control and street digging. Programs division's capital improvement and fuel tax projects including Federal Aid projects funded by the FHWA, NRCS or the Army Corps of Engineers. Survey Provides general surveying services for all County agencies except Department of Water Supply. Maintains a filing system for County survey data, maps and other related information. Reviews dedication deed maps and descriptions. Addresses surveying related complaints and assists in land acquisition. Regulatory Review & Construction Inspection Reviews all permits issued by the division. Provides review of land use permits and other related matters that potentially impact departmental activities. Represents the Department of Public Works at Planning Commission meetings. Investigates and resolves regulatory complaints. Provides inspectional services for all permits issued by the division, constructing within existing county right-of-way, subdivision construction and capital improvement projects managed by the division. Support Staff Processes and files: permits issued by the division, divisional correspondences, expenditures, income and employee-related material. Design Plans, designs and constructs non-building County projects. Investigates and resolves design-related complaints. Provides drafting and land acquisition and construction management services. Coordinates CIP construction with applicable State and Federal agencies. Page 4 of 7 HIGHWAY MAINTENANCE DIVISION Responsible for the repair, construction, maintenance, improvements, and safety of all roads, bridges, flood control structures, and channels within the County right-of-way. Responds to all emergencies as declared by the Civil Defense Agency and callouts by the Fire and Police Department. Administration Develops plans and programs, administers, and directs the implementation and execution of the division's operations and responsibilities. Provides special and technical assistance to operations. Oversees accounts payable and payroll submitted by various road districts. Operations Provides roadway maintenance and improvements which includes weed control, tree trimming, paving, drainage, and emergency response/assistance. Page 5 of 7 TRAFFIC DIVISION The Traffic Division was established under the Department of Public Works under Chapter 2, Article 9, Section 2-41 of the Hawaii County Code. The Division installs, maintains and repairs traffic control facilities and devices and street lighting systems in compliance with Chapter 24 of the Hawai'i County Code. The Division is responsible for traffic engineering projects for the County and also educating the public on safety. Administration Section Plans, designs, and implements traffic control facilities in accordance with national standards. 1. Provides supervision and administrative support for the Division. 2. Mitigates traffic problems and improves overall roadway efficiency and safety. 3. Seeks to resolve complaints and answers inquiries using various means including website, call backs on completed work reported by the public and use of Laserfiche. 4. Develops a proactive role in the safe and efficient movement of traffic. 5. Provides information, technical support and direction to the highway safety council and the four traffic safety committees. 6. Develops Traffic Education programs associated with public, private, charter schools, police and general public. 7. Pursue developing the Signals Intelligent Transportation System. Traffic Safety Section (Planning/Investigations, and Engineering) Responsible for the overall planning and design of Traffic Engineering related projects. 1. Conducts studies, investigations, inspections, traffic surveys, and other related activities to safeguard and facilitate vehicular and pedestrian traffic. 2. Reviews construction plans, traffic studies, zone changes, variances, etc. to ensure compliance with Division standards, guidelines, and policies for Federal, State, County and private entities. 3. Proposes, designs, and manages new traffic control related projects to help mitigate existing traffic problems and to improve overall roadway efficiency. 4. Identifies safety improvement projects based on accidents and conflict analysis procedures. 5. Oversees the restriping programs. 6. Plans and implements traffic calming initiatives to address traffic safety concerns: a. Smart Signs to be used on the approaches to curves, facilities, speed limit change locations, etc. b. Speed Humps in local residential areas to address speeding and cut-through traffic. c. Flashing beacon school zones to address speeding near schools and to raise awareness of the presence of school pedestrian traffic. d. Rectangular Rapid Flashing Beacons (RRFB) and HIGH Intensity Activated CrossWalk(HAWK) pedestrian signals. 7. Creates, maintains and improves programs to promote highway safety and traffic education. Traffic Signals and Streetlights Section Responsible for the design, installation, operation and maintenance of all traffic signals and streetlights on County highways and for maintaining traffic signals and streetlights on State highways. 1. Develop and implement priorities for traffic signal and streetlight installations. 2. Maintain a computerized traffic signal and streetlight database. 3. Develop and implement uninterruptible power supplies (UPS) for continuous traffic signal operations during power outages. 4. Continue to add signal systems to traffic signal server for real time monitoring and database adjustments. Page 6 of 7 TRAFFIC DIVISION (cont'd.) 5. Assist Traffic Calming Program by installing and maintaining traffic calming devices, such as Smart Signs (driver speed feedback), etc. 6. Install newly warranted signals"in-house"when possible. 7. Conversion of all Low Pressure Sodium (LPS) to Light Emitting Diode (LED) street lights for safety and energy savings. Traffic Signs and Markings Section Responsible for the installation, operation and maintenance of all traffic control signs and pavement markings on County highways, including assisting other departments and agencies with traffic control signs and pavement markings at off-highway County facilities. 1. Continue the implementation of the more effective signs maintenance program. 2. Continue the development of a more effective markings maintenance program through the use of better equipment and newer technology. 3. Develop a more proactive role in the safe and efficient movement of traffic. 4. Develop and maintain and implement computerized supplies, materials, and field signs and markings inventory database. 5. Assist Traffic Calming Program by permanent speed humps related accessories, such as signage and strip. Page7of7 < N 4 o Da n t U 0 o 'C c * con C: r. ° � � Yc ii- G c+ U —I) g dV C — o U --° bD N 0 C ? O to O n v; N o. A" N N n O O en CG N GI U U N cy oo bD N .-. C ^. a r) cG :° ' u rx N eC C V O b0 V u Q > C Q o C C e V_ U 0 C a d ✓ cC C C N �3 CG u Q L N u CC Lz. O Q cO Q. O Cy: < d• CUO — et n V1 •H C L L UQ r ^' , .. 1.3 C4 .� U c o 0 c a I g.`,n N Yirr v' -t N_ V 7 M 5 rt _ N R :: °° m L v = O 0 O ".�'"+ o �L� E � 4r et i O •� .O Q ct `, _. n C) = bA o Q o - _ O a• O N N I d w V oo � O I C N • +r I c cta ril o > o v mt6 00 c4 Gp > E.. ° ay N Il C o 9 -I ° C. _ OD 0 v C F- _ 7.2 o o a g ., L N C U ti ) C C V0 rn p c1 N C =. N 0 ! 3 0 M cY v N b N U M O U QM. y cr):4' CG Clc 4 o UC to > 4CC, d 4 W U .Id 5 U II a. I e . 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C O al CO ,w c W V/ a'co ct M N H O`;2 O a`,'0 " o "3N .2m 0 oW �m t3 D ° = w c —°e —o —„ —W —� ce E W 0 O • i.--) W `C"0 j O N aA F_O Q i0 e� ^, dM W V a)no N LI-,F.- Ael — co — J N V N M O N CO N ry o N P TIco co n N 3 O O d to co p U - 0 a9 i� N o _` c m Q U 2D Ea o m 12 CLD V M HUMAN I ESM � MAY OF„' Harry Kim o° ,,• •'! '•. Diane L. Ley Mayor APR 18 2019 Director � j1°'� Ron Whitmore RECEIVED \\•,�\E —,'��, Deputy Director County of Hawaii DEPARTMENT OF RESEARCH AND DEVELOPMENT 25 Aupuni Street, Room 1301 • Hilo,Hawai'i 96720-4252 (808)961-8366• Fax(808)935-1205 E-mail: chresdev@hawaiicounty.gov County of Hawaii Salary Commission's Inquiry to Departments &Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 Department of Research & Development April 18, 2019 What are the primary duties and responsibilities of the department/agency head? • Per the County Charter, Chapter 8, Section 6-8.3. Powers, Duties and Functions— The director of the Department of Research and Development shall: a) Collect and develop data necessary for managerial and legislative decision-making, and program and policy-making. b) Provide staff leadership for public and private development programs, enterprises and plans, including economic, social and cultural proposals, which enhance and improve the county community. c) Coordinate informational and regulatory knowledge of all federal and state grant-in- aid participation which affect the county. • Assuring sections of the County Code are adhered to and/or implemented as may be relevant to the department's functions. • The director also is responsible for: a) Providing for the department's vision, mission, goals, objectives, benchmarking and accountability, as aligned with goals in the General Plan and Community Development Plans including: • Economic development that is diverse, contributes to a stable economy and household self-sufficiency. • Tourism that is compatible with historic and natural resources and is place-based and driven by community-based decision-making. • Agriculture that is diverse with a wide range of related businesses. • Energy systems that are dependable, resilient, efficient, renewable and lower consumer costs. • Sustainable development that is aligned with natural, cultural, economic balance and mitigates and adaptive to climate change. Hawai'i County is an Equal Opportunity Provider and Employer TAB 17 Department of Research&Development Salary Commission's Inquiry to Departments&Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 April 18,2019 Page 2. b) Principal responsible for day-to-day operations of the department, including oversight of programs related to agriculture, creative economy, economic development, energy, sustainable development,tourism, immigration assistance and initiatives including policy and program development, food systems, climate change and Kilauea Recovery. c) Other responsibilities include development and management of$2.75 million budget, personnel, correspondence, contracts and purchases. d) Collaborating with businesses, non-profits and government in the development and funding of initiatives to support environmental, community and economic sustainability. e) Representing the Mayor on various task forces, meetings and events; and advising the Mayor and other members of the Cabinet on issues pertaining to business and sustainable development including agriculture,food systems enhancement,transformation of transportation and the energy sectors, cesspool conversions, climate change mitigation and adaptation and Kilauea Recovery. How many employees does the department/agency employ? • 12 Civil Service employees including Collective Bargaining Unit 3 and 13. • 3 Appointees including the Private Secretary, Deputy Director and Director • 1 Contract Employee for Food Systems Work that aligns with a three-year Hawaii Department of Health grant award. • 2 Contract Employees providing senior leadership for the 2018 Kilauea Eruption Recovery. • 5 AmeriCorps VISTA volunteers working in the areas of Housing, Community Development, Renewable Energy, Transportation and Climate Change. • 1 CVE Student Intern. • 1 University of Hawaii Student Intern focusing on Natural and Cultural Resources for 2018 Kilauea Eruption Recovery. What is the department/agency organizational structure? • See the attached organizational chart. • The department is led by the director and deputy director. All managerial duties are assumed by the director of 8 Civil Service positions, 2 Contract Employees, and the private secretary.The deputy director manages 4 Civil Service positions, 1 Contract Employee and 5 VISTAs.The exception to this leadership-level management structure is within the Administrative Services Section which includes 1 manager who oversees a Civil Service employee and a CVS student. What is the department/agency operating budget and funding encompass? • R&D's annual operating budget is$2.75 million,with approximately$1.1 million (40%) dedicated to personnel, $116,000 (.4%) administration and the balance $1.55 million (56%) targeted for investments in innovation for communities, businesses and the environment in the program areas Hawai'i County is an Equal Opportunity Provider and Employer Department of Research&Development Salary Commission's Inquiry to Departments&Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 April 18,2019 Page 3. of agriculture, food systems, creative economy, economic development, energy, tourism, immigration assistance, sustainable development and climate change. What major challenges does the department/agency heads face? • The department's broad charge of mission as defined in the County Charter, plus assignments from the Mayor's Office and Council has historically resulted in an ever-widening scope of work and frequently the department serves as the `go-to' or'catch-all' if there is not a likely fit with another department or agency. This situation challenges employees and the director and deputy director to accomplish defined goals and objectives, maintain a clear focus, high-performance and provide exceptional service to all internal and external customers. • Significant initiatives the department has been asked to lead, coordinate and support that go beyond the department's mission and normal staffing and fiscal capacity include: • 2018 Kilauea Eruption Recovery management including county-wide coordination, synchronization with federal and state partners, securing federal and state funding, community engagement, communications and recovery implementation which is expected to take 5-10 years to complete. • The development of an Economic Recovery Plan for the Kilauea Eruption is expected to require extensive engagement by the department's staff, deputy director and director over the balance of this year. The implementation of the plan will include immediate actions and long-term efforts to identify and secure resources and action to implement in partnership with federal, state, communities and businesses. • Energy system transformation for electrical and vehicular sectors to meet the Mayor's 2030 goals of energy sustainability. • Creating awareness, understanding and seeking mitigation and adaptation policies and strategies to address the impacts of Climate Change. • Improving access to locally produced food among low-income Hawaii island residents, supporting food system development and collaborative capacity, implementing County plans, and conducting research. • Identification of solutions to address Feral Pig problems experienced by residents, businesses and natural resource managers. • Policy and funding solutions for federal and state mandated conversion from cesspools to approved wastewater treatment systems. • The department's budget shrank from $3.08 million to$2.75 million over a three-year period; generating a need to seek grant funds and leverage partnerships to accomplish the departments' mission, goals, objectives and directives. • All employees within R&D are managed by the director and deputy director, except for the Administrative Services Section which has one manager who oversees one employee and one CVE student. Without intermediate managers across multiple program areas,the director and deputy director are responsible for both directing and managing the department, including setting and assuring major policy decisions are carried out—to performance reviews and required disciple—to Hawai'i County is an Equal Opportunity Provider and Employer Department of Research&Development Salary Commission's Inquiry to Departments&Agencies Concerning Proposed Salary Adjustments for Fiscal Year 2019-2020 April 18,2019 Page 4. • overseeing and approving day-to-day tasks such as employee timesheets,compensatory time off an vacation schedules. • R&D has a relatively small staff charged to implement a very broad mission; hence, most employees and the director and deputy director must serve multi-faceted roles and at times changing programmatic focus, while meeting the expectation of high-performance and exceptional service provided to all internal and external customers. • The department's unique set of job skillsets relating to economic development has resulted in a track record of one or more prolonged vacancies, which results in the leadership having to cover duties and delivery of programmatic goals and objectives. Similarly, periodic vacancies in the small administrative staff results in professional staff being required to cover walk-ins and other clerical support roles. • The department's personnel allotment has not expanded to match a growing portfolio of responsibilities; generating a need to creatively fill gaps with very, very low-cost VISTAs, student interns and when funds allow contract employees for specific initiatives. Are there any overtime requirements of the department/agency? • The department has no budget for overtime; however, civil service and contract employees are afforded pre-approved compensatory time and annual cash payout options when personnel savings are available. • Overtime varies with the need to deliver program services to businesses and communities during timeframes which meet the customers' needs. • The private secretary works an average of 50+ hour weeks without compensation and has filled two jobs, as three rounds of recruitment has yet to yield a replacement for her prior position. • The director and deputy director are not compensated for hours worked overtime,which in normal periods amount to 60+ hours per week. However, since May 2018 both have worked in excess of 80 hours each week due to the 2018 Kilauea Eruption response and recovery responsibilities that were assigned by the Mayor.This pace is not expected to slow substantially despite efforts to bring on additional support through contractors and staff, as Kilauea Recovery oversight will be required, and the implementation of the Economic Recovery Plan for the Kilauea Eruption will fall directly to the department and its leadership. Hawai'i County is an Equal Opportunity Provider and Employer i - JI i - : g E M i R 1 1 4 i 7-ill II 8 6 i I -11 ' I i : I 11+ i - I I I T 11 _ i' 1 -I I PLAN: PROPOSED SALARY ADJUSTMENTS EFFECTIVE JULY 1, 2019 OBJECTIVE: To secure the best available information toward considering and deciding on the next possible future Salary adjustment, which could become effective on July 1, 2019? FUTURE SALARY ADJUSTMENTS: Could be increases,decreases or no change. PROPOSED PLAN: 1. Invite and consult with Finance Director in March 2019,Administration,County Council, and Commissions to present and discuss these future pay adjustments. 2. Use the input and available information to review the proposal prepared by the Department of Human Resources to evaluated pay adjustments. 3. Adopt Action Plan to be completed no later than January 1, 2020. PRESENTATION INCLUDES: (20 Minutes) 1. For each Department or Major Unit: a. Primary Duties and Responsibilities. b. Size of Staff and Organization c. Operating Budget and Funding d. Major Challenges e. Overtime Requirements f. Pre-requisite requirement for those positions. 2. Salary Considerations: a. Factors the Salary Commission should consider b. Any recommendation? c. Merit considered? d. Productivity—Goals and Objectives e. Ability of the Department to Pay? 3. Private Sector Analysis PROPOSED SCHEDULE: • Police, Fire, Liquor • Merit Appeals Board, Prosecuting Attorney,County Council • Mayor's Office on: Finance, Planning, Research&Development, Information Technology • Mayor's Office on: Housing, Public Works, Environmental Management, Managing Director, Deputy Managing Director, Corporation Counsel • Decision Making • Dates to be determined at a future Salary Commission meeting. Amended: January 24, 2019 ATT. F ..t.„.,----,;i,;.,,„. �♦♦ ; _ • Salary Commission Y, ,,; �k; CITY AND COUNTY OF HONOLULU •x•.,'+r a.ww+f 530 South King Street,Room 202M•Honolulu,I lawaii 96813 o April 16, 2019 ,- 1:4., -1,7 The Honorable Ann H. Kobayashi, Interim Chair, := e. And Members of the City Council : _ City and County of Honolulu r- Honolulu Hale Honolulu, Hawaii 96813 Dear Interim Chair Kobayashi and Councilmembers: It is my pleasure to submit the Salary Commission's Findings of Fact and Resolution for recommended salary adjustments by the 2019 Salary Commission. The Commission received testimony from the Department of Human Resources(DHR),the Mayor's Chief of Staff,and members of the public. In making its recommendations,the Commission considered all testimony and data that were submitted. As Chair of the 2019 Salary Commission, I believe that the Commission's Findings and Resolution are consistent with the Commission's mission as set forth in Section 3-122 of the Revised Charter of the City and County of Ilonolulu. Sincerely, 4a4't Kevin Sakamoto,Chair Salary Commission City and County of Honolulu Enclosures COUNCIL COM. 141 ATT. G FINDINGS OF FACT BY THE 2019 SALARY COMMISSION APRIL 16,2019 Pursuant to Section 3-122 of the Revised Charter of the City and County of Honolulu 1973 (2017 Edition),the Salary Commission hereby makes the following findings of fact in support of its decision to adjust the salaries and salary schedules of elected and appointed officials of the City and County of Honolulu,said adjustments to be effective July 1,2019: 1. The Salary Commission has the authority to annually establish the salaries of all elected officials,including the mayor,councilmembers and prosecuting attorney;designated appointed officials,including the managing director, deputy managing director,department heads,deputy department heads,and band director;and the salary schedules for the deputies of the corporation counsel and prosecuting attorney. 2. In order to streamline its annual review of salaries,the Salary Commission created a permitted interaction group("PIG")pursuant to Haw.Rev. Stat. §92-2.5 on January 29,2019. The PIG provided its report to the Salary Commission on March 5,2019,recommending a 3.5%salary increase for all elected and appointed officials,with the exception of the Deputy Medical Examiner,for which the PIG recommended a 13.85%salary increase. 3. The Salary Commission held a public hearing on the PIG's recommendations on April 2,2019,at which time a member of the public provided both oral and written testimony and another member of the public provided written testimony. 4. To assist in its annual review of salaries,the Salary Commission solicited input from the City Council and City Administration and received testimony from the Department of Human Resources and the Mayor's Office. In arriving at its recommendations,the Salary Commission considered all testimony and data that were provided. 5. The Salary Commission finds that a 3.5%salary increase for all positions within its authority,except the Deputy Medical Examiner,is appropriate considering the duties and responsibilities of these positions. 6. Based on information provided by the Department of Human Resources,the Salary Commission finds that"inversion"of salaries continues to exist in certain departments,where the highest paid"exempt management" subordinate's salary is higher than the department head and deputy department head. However,the Salary Commission believes that remedying the inversion 1 incrementally over the years is in the best interest of the City and County of Honolulu. 7. The Salary Commission finds that a 13.85%salary increase for the Deputy • Medical Examiner is warranted in order to avoid an inversion of salaries relative to subordinate Forensic Pathologists and to narrow a substantial pay differential relative to the Medical Examiner. 8. The Commission finds that the PIG's recommended salary adjustments are consistent with the principles of adequate compensation for work performed, and preservation of a sensible relationship with other city employees. The above findings of fact shall be incorporated by reference into the Resolution to be forwarded to the Mayor and the City Council of the City and County of Honolulu this 16th day of April 2019. ebb f/IN S KAMOTO,CH R B A TAMAMOTO,VICE-CHAIR okt. MERLE KELAI DIANE PETERS-NGUYEN • 7>t44-11142i-2il---, GUY TA GERALD TAKEUCHI CLAIRE YUEN 2 RESOLUTION OF THE 2019 SALARY COMMISSION APRIL 16,2019 ESTABLISHING SALARIES AND SALARY SCHEDULES IN ACCORDANCE WITH THE REVISED CHARTER OF THE CITY AND COUNTY OF HONOLULU 1973(2017 EDITION) WHEREAS,the Revised Charter of the City and County of Honolulu 1973(2017 Edition),Section 3-122,creates a Salary Commission to establish the salaries of all elected officials,including the Mayor,Councilmembers and Prosecuting Attorney;designated appointed officials,including the Managing Director,Deputy Managing Director,Department Heads, Deputy Department Heads,and Band Director;and the salary schedules of the deputies of the Corporation Counsel and Prosecuting Attorney;and WHEREAS,Section 3-122 further provides that the Salary Commission shall convene annually no later than the first day of February,and shall,after public hearing,establish salaries and salary schedules no later than the first day of May subsequent thereto,said salaries and salary schedules to be effective prospectively from the first day of the fiscal year subsequent to their adoption by the Commission;and WHEREAS,Section 3-122 further provides that the Salary Commission shall set salaries in accordance with the principles of adequate compensation for work performed,and preservation of a sensible relationship with the salaries of other city employees;and WHEREAS,Section 3-122 further provides that any action of the Salary Commission altering salaries shall be by resolution accompanied by findings of facts and that said resolution shall be forwarded to the Mayor and the City Council but shall take effect without their concurrence sixty calendar days after its adoption unless rejected by a three-quarters vote of the council's entire membership;and WHEREAS,the Salary Commission has this day adopted Findings of Facts which are attached hereto and incorporated herein;now,therefore, BE IT RESOLVED by the 2019 Salary Commission of the City and County of Honolulu 1: That the salaries of all elected officials including the Mayor,Council Chair, Councilmembers,and Prosecuting Attorney and appointed officials including the Managing Director,Deputy Managing Director,Department Heads,Deputy Department Heads,Band Director,and salary schedules for the deputies of the Corporation Counsel and Prosecuting Attorney,shall be increased by the percentages provided below,and the salaries shall be as follows: 1 Position 2019 Proposed Percentage Salaries Increase Mayor $186,432 3.5% Council Chair $76,968 3.5% Councilmember $68,904 3.5% Prosecuting Attorney $176,688 3.5% Managing Director $178,320 3.5% Deputy Managing Director $169,056 3.5% Department Heads,except $166,560 3.5% Police,Fire,Medical Examiner,Corporation Counsel Police Chief $205,800 3.5% Fire Chief ° $199,272 3.5% Medical Examiner $310,200 3.5% Deputy Department Heads, $158,040 3.5% except Prosecutor's Office, Police,Fire, Medical Examiner First Deputy Prosecuting $168,000 3.5% Attorney Deputy Police Chiefs $196,296 3.5% Deputy Fire Chief $190,032 3.5% Deputy Medical Examiner $273,024 13.85% Band Director $146,952 3.5% Corporation Counsel $171,336 3.5% First Deputy Corporation $158,040 3.5% Counsel Schedule of salaries of the $75,144—166,560 3.5% deputies of the Corporation Counsel Schedule of salaries of the $59,112—164,016 3.5% deputies of the Prosecuting Attorney 2 IN WITNESS WHEREOF,the undersigned members of the 2019 Salary Commission have signed this Resolution as of 16 April 2019,and transmitted it together with their findings of fact attached hereto to the Mayor and the City Council of the City and County of Honolulu this 16th day of April 2019. VIN SA MOTO,CHAIR D' / TAMAMOTO,VICE-CHAIR d.h—rY MERLE KELAI D E ERS-NGUY GUY TAJIR / ERALD TAKEUCHI CLAIRE YUEN • 3 Presented: May 16, 2019 Recommendation from Fire Commission On Adjustments for Chief and Deputy Chief The Fire Commission discussed various factors concerning salary adjustments for the Fire Chief and Deputy Chief. It was pointed out that as of now because of collective bargaining, some subordinates make more money than the Chief. This can be a problem where qualified individuals are hesitant to advance within the department. It was also mentioned that the motivation to lead the department should be more than just monetary . I personally feel that the Fire Chief performed above and beyond the call of duty in his handling of the unprecedented events of the LERZ eruption of 2018. The fact that no lives were lost in the rapidly evolving and destructive eruption is a testament to Chief Rosario's professionalism and crisis management skills. The citizens of Hawaii County are lucky to have such a highly qualified individual leading their Department. The Fire Commission's annual evaluation of the Chief reflects our high regard for the Chief. The Fire Chief and Deputy Chief are certainly entitled to compensation that reflects their responsibilities in such a geologically unstable environment; and to compensation equal to other Departments of similar size. In spite of the leadership skills demonstrated by Chief Rosario and his entire Department; the Fire Commission feels that with the County's coffers so drained from the 2018 disasters, now would not be a good time to increase salaries. We are hoping that a salary adjustment will come in the near future; but voted unanimously that the Salary Commission take "No Action" at this time. Mahalo for taking on this difficult task. Sincerely, Greg Henkel, Chair Hawaii County Fire Commission ATT. H Presented: May 16, 2019 Yamada, Glynis From: Pelayo, Josie HUMAN RESOURCES Sent: Wednesday, May 15, 2019 10:22 AM MAY 1 5 2019 To: Yamada, Glynis Cc: Wayne De Luz; Colleen Pasco RECEIVED Subject: RE: Salary Commission Agenda and Related Documents for its Meeting Scheduled on Thursday, May 16, 2019, at 10:00 a.m. at the Council Chambers Expires: Friday, May 20, 2022 12:00 AM Glynis, Neither the Police Commission's Chair nor Vice Chair will not be able to attend the meeting. However, the Police Commission's position is that the salary of the Police Chief and Deputy Chief should be 10%and 5%, respectively, higher than the highest paid subordinate in the Police Department. This was stated in their letter to the Salary Commission on November 7, 2018. Please note that the agenda had them listed incorrectly: Wayne De Luz is the Police Commission's Chair Gregory Henkel is the Fire Commission's Chair recta Secretary Police & Fire Commissions County of Hawaii 101 Pauahi St., Ste. 9 Hilo, HI 96720 Phone: (808) 932-2950 Fax: (808) 932-2949 josie.pelayo@hawaiicounty.gov CONFIDENTIALITY NOTICE: This email and any attachments may contain privileged and confidential information. If you are not the intended recipient, please do not read, save, copy, or forward this email or attachments. If this email was sent to you in error, please notify me immediately by email or telephone and delete the message and attachments. Thank you. From: Yamada, Glynis Sent: Friday, May 10, 2019 4:37 PM To: Pelayo,Josie <Josie.Pelayo@hawaiicounty.gov> Subject: Salary Commission Agenda and Related Documents for its Meeting Scheduled on Thursday, May 16, 2019, at 10:00 a.m. at the Council Chambers Hi,Josie, Please find attached the Salary Commission agenda and related documents for its meeting scheduled on Thursday, May 16, at 10:00 a.m. at the Council Chambers. Thanks! Glynis ATT. 1 Harry Kim i 1 00,9s.. Peter Hendricks.Chair Mayor � �. . Wayne De Luz, Vice Chair : �,1,;;; Arthur Buckman, Member Wil Okabe - � �••. �*•� Carl Carlson,Member r Jak Hu, Member Janaging Director % •r N:o Paul Paiva, Member Colleen Pasco Member COUNTY OF HAWAII Police Commission Aupuni Center 101 Pauahi Street, Suite 9,Hilo,Hawai`i 96720 Phone: (808)932-2950 Fax: (808)932-2949 November 7, 2018 Mr. Hugh Ono, Chair Hawaii County Salary Commission Aupuni Center 101 Pauahi St., Suite 2 Hilo, HI 96720 Dear Mr. Ono: At its October 19, 2018, meeting, the Hawaii County Police Commission agreed to a salary recommendation to the Salary Commission. The Police Commission requests that the salaries of the Police Chief and Deputy Police Chief be set at 10% and 5%, respectfully, higher than the highest active paid subordinate in the Police Department. The Police Commission recommends that the noted pay raises be related to collective bargaining and current contract with the State of Hawaii Organization of Police Officers (SHOPO). Sincerely, )tel Peter L. Hendricks, Chair PLH:jp Hawaii County is an Equal Opportunity Provider and Employer.