HomeMy WebLinkAbout2017-11-08 Merit Appeals Board Minutes
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BEFORE THE MERIT APPEALS BOARD
COUNTY OF HAWAI ʻ I
--oOo--
TRANSCRIPT OF PROCEEDINGS
For the meeting had with the Merit Appeals Board, County
of Hawai ʻ i, at the County Council Council Room, 25 Aupuni
Street, Hilo, Hawai ʻ i, 96720, commencing at 9:09 a.m. on
Wednesday, November 8, 2017.
Members of the Merit Appeals Board:
Chairperson: JULIE M. TULANG
Vice-Chairperson: DAVID K.S. NAHUINA
Members: LUAHIWA NAMAHOE
MITCH TAM
WILLIAM CHILLINGWORTH
Acting Director of the WILLIAM V. BRILHANTE, JR., ESQ.
Department of Human
Resources:
Testimony from the public: DONALD IKEDA
Counsel for the Merit RENEE SCHOEN, ESQ.
Appeals Board: Deputy Corporation Counsel
County of Hawai ʻ i
Counsel for the County of JOHN MUKAI, ESQ.
Hawai ʻ i Police Department: Deputy Corporation Counsel
County of Hawai ʻ i
Counsel for the County of MICHAEL KAGAMI, ESQ.
Hawai'i Parks & Rec. Dept.: Deputy Corporation Counsel
County of Hawai ʻ i
Counsel for the Merit MIRIAM LOUI, ESQ.
Appeals Board Hearings: Deputy Attorney General
State of Hawai ʻ i
TAKEN BEFORE: KURT FAUT, CSR. NO. 418
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Wednesday, November 8, 2017
2
--oOo--
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CHR. TULANG: I will call the meeting to order. It
4
is 9:09. First item up, is there any additions or
5
changes to the agenda? What we're going to do is change the
6
order since we have a change in the morning's -- okay. We'll
7
move over to statements from the public.
8
Mr. Ikeda.
9
I'm sorry. Let me just take a moment. Bad
10
manners. We have to introduce the family.
11
MR. IKEDA: All right.
12
CHR. TULANG: I'm Julie Tulang, Chair of the Merit
13
Appeals Board. And we'll start from our court reporter.
14
Introduce yourself.
15
MR. FAUT: My name is Kurt. I'm the court
16
reporter.
17
MS. NAMAHOE: Luahiwa Namahoe.
18
MR. NAHUINA: David Nahuina, Vice-Chair.
19
MS. SCHOEN: I'm Renee Schoen, Corporation Counsel.
20
MR. TAM: Mitch Tam.
21
MR. CHILLINGWORTH: I'm William Chillingworth.
22
MR. IKEDA: How nice to meet you.
23
CHR. TULANG: Proceed.
24
MR. IKEDA: Actually, my testimony is going to be
25
very short. I just came to verify that I did write the
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letter on November 3rd, 2016. I'm not going to read this
2
whole thing because I'm sure you guys already read it. And I
3
belong to other commissions and I get bored, too. So, I'm
4
here to answer any questions if you guys got any.
5
CHR. TULANG: For the record, you're referring to
6
the Dee Torres?
7
MR. IKEDA: Yes.
8
CHR. TULANG: Board members, any questions for
9
Mr. Ikeda? I'm trying to locate the letter.
10
What was the date of that letter?
11
MR. IKEDA: November 3rd.
12
CHR. TULANG: Mr. Ikeda, can you indicate what
13
communication number you're referring to?
14
MR. IKEDA: I don't have it with me, but I put it
15
on the paper there, whatever it was.
16
CHR. TULANG: Oh, excuse me. Communication
17
17-01-06.
18
MR. IKEDA: Right. I think what it is, is just a
19
verification that I did write the letter. You know, like
20
Ms. Torres said, “Write the letter” -- I did.
21
I'm open for questions, if you got any. If not,
22
thank you, and I'll be going home.
23
CHR. TULANG: Hold on just a sec.
24
Any questions, Board members?
25
MR. IKEDA: The thing is I'm not commenting on this
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case. I just stated what I did as when I was the county
2
clerk. That's all.
3
CHR. TULANG: Hold on, Mr. Ikeda.
4
Yeah. Dash .06 is not -- I know I saw it, but I
5
can’t recall . . .
6
MS. YAMADA: It's Communication 17-01.07.
7
MR. BRILHANTE: Dash .07. One --
8
MR. TAM: Dash 01.07.
9
CHR. TULANG: No.
10
MS. NAMAHOE: No. There's seven exhibits in here,
11
and they're not them, 'cause I just was going through that.
12
One second, Sir.
13
MR. IKEDA: No problem.
14
MS. YAMADA: Exhibit Number 3.
15
MS. NAMAHOE: Exhibit Number 3.
16
MR. TAM: Yeah. It's the second page under
17
Exhibit 3.
18
MS. NAMAHOE: Oh, here you go.
19
MR. TAM: November 3rd, 2016.
20
MS. NAMAHOE: Okay. Right.
21
MR. BRILHANTE: That's correct.
22
MR. IKEDA: Should have read the letter, would have
23
been faster.
24
CHR. TULANG: Yeah. Board members, any questions
25
for Mr. Ikeda?
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Thank you.
2
MR. TAM: No questions. Thank you.
3
MR. CHILLINGWORTH: Thank you.
4
CHR. TULANG: Any more public statements? That's
5
it. Okay. If we can move down to unfinished business. And
6
if you will look on the third page of our agenda, the action
7
required --
8
Ms. Torres, can you come forward, please.
9
Okay. Ms. Torres has requested a continuance of
10
her case, and -- or her appeal, and I went ahead and granted
11
that. However, the action required of the Board is to
12
schedule a hearing date.
13
So, if you can, our next meeting is January 10th.
14
MR. MUKAI: Excuse me.
15
CHR. TULANG: Yes.
16
MR. MUKAI: I'm John Mukai, Deputy Corporation
17
Counsel.
18
CHR. TULANG: Oh, John, sure.
19
MR. MUKAI: And we have no objection to
20
Ms. Torres's request for a continuance. And we would ask
21
that a motion to dismiss be heard prior to scheduling of any
22
hearing on the merits.
23
CHR. TULANG: Okay. Then we will go ahead and
th
24
schedule that for January 10 -- motion to dismiss. Based
25
upon that decision, then we will schedule one -- any
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questions?
2
MS. TORRES: Good morning, Madam Chair, and members
3
of the Board, I really appreciate this continuance again.
4
I'm sorry. My representative had a prior engagement and was
5
not available today. And I appreciate the --
6
CHR. TULANG: So, you will be available, both will be
7
available on January 10th.
8
MS. TORRES: I have to check with her. She's out
9
of State. I will let you know as soon as possible.
10
CHR. TULANG: That's all right. Now we're going to
11
schedule the motion to dismiss on January 8th, 2018 --
12
MR. NAHUINA: 10th, January 10th.
13
CHR. TULANG: Excuse me. January 10th, 2018.
14
MS. TORRES: Can I just clarify one thing again.
15
On that day, we're just going to discuss the motion to
16
dismiss?
17
CHR. TULANG: Correct.
18
MS. TORRES: If it is not dismissed, we will
19
schedule a hearing?
20
CHR. TULANG: We will schedule the hearing.
21
MS. TORRES: I was told that we would proceed with
22
the hearing at that time. That's all I'm questioning.
23
Can I make a comment, please.
24
CHR. TULANG: Sure.
25
MS. TORRES: Madam Chair, and members of the Board,
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the former clerk, Donald Ikeda, did validate that statement
2
that he wrote. And as of the September 27th meeting, Al
3
Konishi, another one of our clerks, had testified. During
4
their time that they served as county clerk, they had allowed
5
for clarification.
6
They had allowed the secretary of the board of
7
registration which was working at the time in the county
8
clerk's office, and I was, in 2014 up to 2016, and there was
9
just a discrepancy because, an inconsistency in procedures,
10
because --
11
CHR. TULANG: Okay. I think that's going to be the
12
meat of your appeal and presentation, so we will hear it at
13
that time.
14
MS. TORRES: Please, yes, thank you.
15
CHR. TULANG: Thank you. Thank you both.
16
MR. MUKAI: Thank you.
17
CHR. TULANG: Okay. Let's go back to approval of
18
the minutes. I'll entertain any changes or corrections. And
19
I'll entertain a motion. No wonder we can't find it. Skip
20
that. There are no minutes.
21
MS. NAMAHOE: Yeah. Not in this binder, anyway.
22
CHR. TULANG: And we have communication, but that --
23
wait, not for this portion. Okay.
24
So, moving on to the hearing that we were to have at
25
9:15 for Paul Morgan.
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And, John, you want to inform us about that.
2
MR. MUKAI: Yes, your Honor. Yesterday, I was
3
informed by --
4
For the record, John Mukai, Deputy Corporation
5
Counsel, on behalf of the County of Hawai ʻ i Police Department.
6
I was informed yesterday by appellant's counsel,
7
Mr. Heaukulani, that he would be withdrawing his appeal in
8
this matter. And I believe the Board is in possession of his
9
e-mail dated November 7, 2017.
10
CHR. TULANG: You have it in your green folders,
11
Board members, yeah.
12
Proceed.
13
MR. MUKAI: And we would, obviously, have no
14
objection to his withdrawal of the appeal, without prejudice.
15
CHR. TULANG: Okay. So duly noted that the Paul
16
Morgan appeal has been withdrawn.
17
MR. MUKAI: Okay. Thank you.
18
CHR. TULANG: Okay. So back to the agenda, what
19
I'd like to do is take it out of order at this time.
20
Mr. Mattos was given the opportunity to come earlier knowing
21
that we had, early in the afternoon, that we had a
22
cancellation. But he was not able to accept the early time,
23
so we will go on with the rest of our agenda.
24
And if you will turn to page 4, Item E, selection
25
of new director for human resources for discussion and
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appropriate action. I'd like to entertain a motion for
2
executive session for this discussion.
3
MS. NAMAHOE: So moved.
4
MR. TAM: Second.
5
CHR. TULANG: Moved and seconded to go into
6
executive session. All those in favor, say aye.
7
BOARD MEMBERS (COLLECTIVELY): Aye.
8
CHR. TULANG: Those opposed.
9
(No audible response.)
10
CHR. TULANG: Thank you. So, we'll take a moment.
11
MR. BRILHANTE: I'm the Director of the Department
12
of Human Resources, I'm going to request that Ms. Gabriella
13
Cabanas remain in the executive session. She's handling the
14
recruitment. She's outside. I've recused myself from it,
15
but she may be able to provide pertinent information.
16
CHR. TULANG: Any objections, Board members?
17
MS. NAMAHOE: None.
18
CHR. TULANG: Okay.
19
(Merit Appeals Board entered executive session from
20
9:22 a.m. to 9:39 a.m.)
21
CHR. TULANG: It's 9:39 and we're back in general
22
session, to continue our discussion on Item E, selection of
23
new director for human resources for discussion and
24
appropriate action. The Board has decided that the residency
25
requirement will be maintained in our recruitment.
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Any other discussion points?
2
If you'll look at the purple sheet again, we need
3
to revise our timeline. So November 12th is Sunday, and
4
Gabriella has informed us that we kind of missed that
5
deadline. So, if you could look at -- would we be okay if we
th
6
started on the 14 -- Tuesday, the first ad?
7
Gabriella has a question.
8
MS. CABANAS: Yes. That should be fine, Madam
9
Chair.
10
CHR. TULANG: We're looking for one Tuesday and two
11
Sundays.
12
MS. CABANAS: Yes.
13
CHR. TULANG: Okay. So, Board members, does that
14
look okay, November 14th, which is Tuesday, followed by
15
November 19th, which is a Sunday?
16
Okay. So, question, should we wait until the 26th,
17
or change our format to go two Tuesdays and a Sunday?
18
MS. NAMAHOE: Madam Chair.
19
CHR. TULANG: Yes.
20
MS. NAMAHOE: The 19th, the 21st, and the 26th will
21
be very high-volume readership because of all of the holiday
22
ads that are coming. So, I don't know if that is a price
23
point and if that's even a consideration we need to worry
24
about. But people will be tearing through their newspapers
25
for these three editions, right, the 19th, the 21st, and the
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26th.
2
I think my bigger concern -- I mean, I'm flexible
3
for whatever dates. My bigger concern is that we now need to
4
move the original date of December 1st back to December 15th,
5
which is really pushing it right into the holidays. And I
6
know we have close-out concerns for the department.
7
Correct, Ms. Cabanas?
8
MS. CABANAS: I'll be able to review the
9
applications, even as they come in.
10
MS. NAMAHOE: Okay.
11
MS. CABANAS: Because I'll give the recruitment
12
priority.
13
CHR. TULANG: Okay. So let's -- is everyone okay
14
with 14, 29, 21, which means Tuesday, Sunday, Tuesday?
15
MS. NAMAHOE: 14, 19, 21.
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CHR. TULANG: Mm-hmm. All those in favor?
17
BOARD MEMBERS (COLLECTIVELY): Aye.
18
CHR. TULANG: Opposed?
19
MR. NAHUINA: Make a motion?
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CHR. TULANG: Make a motion.
21
MR. NAHUINA: I move that we run the ads on
22
November 14th, 19th, and the 21st.
23
CHR. TULANG: Second?
24
MR. CHILLINGWORTH: Second.
25
CHR. TULANG: All those in favor?
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BOARD MEMBERS (COLLECTIVELY): Aye.
2
CHR. TULANG: Opposing?
3
(No audible response.)
4
CHR. TULANG: Fine. Motion carried.
5
Okay. So, Gabriella, we need your assistance with
6
the deadline then. We have it for the 1st. Should it be the
7
8th, the 11th, the 15th? Friday is -- December 1st is a
8
Friday. If we look at Friday, it would then be the 8th or
9
the 15th.
10
MS. CABANAS: I say since it's opening on the
11
14th --
12
CHR. TULANG: Yes.
13
MS. CABANAS: I think it's adequate time for it to
14
close on December 8th.
15
CHR. TULANG: Okay.
16
MS. CABANAS: What happens is the longer it's
17
open --
18
CHR. TULANG: People set it aside.
19
MS. CABANAS: Yes. They wait 'til the very end to
20
apply.
21
MS. NAMAHOE: You want to keep it on the 1st?
22
MS. CABANAS: We could. It's up to the Board.
23
CHR. TULANG: Well, we're sensitive to the reviewer.
24
If you think that's . . .
25
MS. CABANAS: Well, if we close --
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CHR. TULANG: Because that allows for two weeks.
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MS. CABANAS: Well, actually if we close --
3
CHR. TULANG: Two-and-a-half weeks.
4
MS. CABANAS: If we post it on December 1st, it's
5
more than two weeks.
6
CHR. TULANG: Yeah.
7
MS. CABANAS: December 1st is still okay.
8
CHR. TULANG: Board members?
9
MR. TAM: I say we keep it at December 1st.
10
MS. NAMAHOE: What's normal protocol for County
11
positions such as this?
12
MS. CABANAS: It just varies. It depends on the
13
commission or the board. I mean, this is more than adequate.
14
I mean, our normal recruitment for a civil service position
15
is ten calendar days. So, here, you're allowing more than
16
two-and-a-half weeks. That's ample time.
17
CHR. TULANG: Recommendation that we keep the date
18
as we have it, December 1st? Okay. So, no motion required.
19
Then we're okay with the rest of it then.
20
MS. NAMAHOE: I'm pleased with that because we're
21
catching the Thanksgiving week, which is going to be the
22
heaviest readership.
23
CHR. TULANG: Okay. Is there any further discussion
24
on selection requirement for the new HR director? If not,
25
we'll move on to Item Number 8 on page 5.
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Thank you, Gabriella. And ask Mr. Brilhante to
2
come forward.
3
You're going to bring us up to spark on what's been
4
happening. HR quarterly reports from April to June, and July
5
to September.
6
MR. BRILHANTE: Good morning, again, Board Chair,
7
and Board members. William Brilhante, Acting Director,
8
Department of Human Resources. Thank you very much for
9
allowing me this opportunity to update the Board as it
10
relates to the current November 2017 departmental quarterly
11
report, highlights, and updates.
12
First, I'd like to let you know a brief little
13
background of the HR Department. We currently have
14
25 employees with two vacancies. We are in the
15
process of addressing the filling of those vacancies moving
16
forward.
17
We have seven departments within our -- we have
18
seven divisions within our department. And what I plan on
19
doing this morning is just providing you with a brief update
20
as it relates to each of those departments individually. And
21
then at the end of my presentation, my report -- I will do
22
just a general wrap-up for the department.
23
So, please bear with me. And, if you have any
24
questions along the way, please don't hesitate to interrupt
25
me as we go forward.
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Okay. The first department is our Administration
2
Department. That's headed by Ms. Dee Ann Sadayasu. And
3
she's currently working on the 2017-2018 budget submittal,
4
which was requested by all departments to the
5
Administration and the Department of Finance.
6
We've been requested to provide two budgets; one, a
7
annual budget, which is, quote/unquote, status quo, so
8
there's no significant increase from the last year's budget;
9
and the second requested budget was a exploratory budget
10
where we looked at a three-percent reduction scenario.
11
So, our current budget, or last year's budget, was
12
$1,739,332. And with -- and so we submitted for that amount --
13
our first submittal. And with the three-percent reduction,
14
which totaled about $7,453 -- we submitted a second budget
15
scenario, about $1,731,879.
16
The areas -- the two areas that we addressed that we
17
could increase -- I mean, decrease, was a reduction in
18
training workshops -- you know it had to come from
19
somewhere -- for our staff employees. So, that was this
20
year's budget. That was approximately $5,000. And we reduced
21
that down to about $1,600 for that submittal.
22
And the second area where we identified the
23
significant reduction was elimination of the purchase of a
24
laptop computer, which is approximately $1,400. So, that's the
25
bulk of what we identified as possible areas we could reduce
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to meet that three-percent reduction request.
2
Is there a question on the floor?
3
MS. NAMAHOE: Say that again? What I mean --
4
sorry. The areas that you would reduce, again, would be --
5
and this is the $7,000 figure, correct?
6
MR. BRILHANTE: Correct.
7
MS. NAMAHOE: So say that again, please?
8
MR. BRILHANTE: So, the two areas that we
9
identified -- you know, these are proposed budgets for next
10
fiscal year commencing on July 1st, 2018. So, that's how much
11
lead time we need.
12
So, the second budget proposal that we requested to
13
submit was a three-percent reduction. So, what we did was
14
we had -- I'm just highlighting the two major areas where we
15
took the most amount of money from.
16
For us to do a three-percent reduction, it came out
17
to $7,453 from the original budget submittal -- proposed budget
18
submittal. So out of that $7,453 -- the two areas that would
19
encompass a majority of that amount was a reduction for
20
training workshops for our staff of approximately, you know,
21
$3,500 or so. Then the second area was elimination of the
22
purchase of a laptop computer, which is about $1,435.
23
MS. NAMAHOE: When you say eliminate or reduce the
24
training workshops, are you talking for the 25
25
employees within the HR Department itself, or is this
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across-the-board training workshops? Is this monies to train
2
the trainers, or is this money to train all the County
3
workers?
4
MR. BRILHANTE: That's a very good question.
5
Because actually we fill -- our department fills both roles.
6
First, we have a Training and Development Division, which is
7
required or which is -- whose primary purpose and duty is to
8
provide outside training to our County employees, whether it
9
be, you know, workplace violence training or supervisor's
10
training or something to that effect. That's not the
11
training we're discussing. That budget hasn't been touched.
12
What we looked at for this reduction was the
13
training of our staff, you know, to have outside training for
14
our staff to send our staff people, our HR staff people to
15
outside training. So we, currently, you know, this year we're
16
budgeted for about $5,100, approximately. So, we reduced that
17
down to $1600, approximately, again, to meet the requirement,
18
the requested requirement of a three-percent reduction.
19
Now, that doesn't mean that that's all we're going
20
to have for discussion because we do have the opportunity to
21
submit a supplemental budget. And, you know, that's something
22
that we have on the table which we will discuss with finance
23
department moving forward. And I think there'll be some
24
significant changes in that supplemental budget.
25
MS. NAMAHOE: Okay. The look on my face is I'm
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completely alarmed at not training the trainers.
2
MR. BRILHANTE: No. I agree with you.
3
Okay. Moving on. Our Labor Relations Department
4
is headed by Ms. Lee Botelho. And within this last period of
5
time, she responded to 94 labor-relations-related
6
inquiries from departments and HR staff. She revised the
7
County's policies and procedures on separation of service.
8
And that incorporated consultation with the unions, moving
9
forward with that, on policies.
10
She received and heard two grievances which
11
probably will end up in your laps fairly soon.
12
And then, finally, she partnered with, both her and
13
I -- partnered with the office of corporation counsel and
14
provided training to both East Hawai ʻ i and West Hawai ʻ i on
15
performance valuations or JPRs.
16
Next department is Recruitment and Exams. That's
17
Gabriella, Ms. Gabriella Cabanas. And within this period of
18
time, HR Specialist Marla Yamashita retired. And following
19
an internal recruitment, the HR Tech II position was
20
promoted -- Leslie Shimabukuro was promoted to Marla's old
21
position.
22
We also instituted mandatory County-wide training
23
on effective job interviewing and skillset development and
24
evaluation. And we -- with collaboration of our Personnel
25
and Organizational Development Division, we're in discussions
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regarding creation of a video for that training, the
2
interview training and the skillset development that would
3
afford several departments, couple of the departments -- say
4
like, for example, police and fire, when they do their
5
high-level recruitments, they bring in areas-of-expertise
6
members, you know, subject-matter experts from the other
7
jurisdictions. Like, you know, assistant chief for Honolulu
8
Fire Department will sit on the interview panel for, you
9
know, the County captain promotion -- fire department captain
10
promotion. Or, you know, likewise something similar with
11
police department.
12
So, since this interview training is mandatory, you
13
know, it's not feasible for us to travel to O ʻ ahu or these
14
various jurisdictions to provide the training. And a lot of
15
times it's not feasible to have the individuals coming to the
16
Big Island just for the training.
17
So, we're exploring the real possibility of
18
partnering with maybe a entity like Na Leo. And we -- they
19
film Ms. Cabanas doing the training. And then we're able to
20
place that information on the internet. And then the
21
prospective, you know, panelists from the outside
22
jurisdictions can then review the information, the video, and
23
then sign some type of, you know, acknowledgment that they
24
reviewed the required information, the video. And then
25
they'll be qualified to sit on the panel.
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The reason we're doing this is, you know, the -- we
2
want -- when we -- we want uniformity moving forward with our
3
selection processes. You know, the merit principle mandates
4
that we do that. And I think that by requiring the interview
5
and skillset training to be mandatory, it brings everybody
6
to the same understanding, and we have uniformity moving
7
forward. And then that eliminates the whole – “Well, I didn't
8
know it was supposed to be that way”; or, “Oh, really, this is
9
the first I'm hearing of it.” So, it eliminates that. And it
10
makes sure that everybody's on the same page so that, you
11
know, the process will never be, you know, completely uniform
12
across-the-board. But at least we're hoping that by taking
13
this step, we can close the gap, you know, significantly,
14
moving forward.
15
In addition, in the recruitment department,
16
proposals for new hiring and recruitment practices -- best
17
practices are being vetted. You know, Ms. Cabanas and
18
myself have met with the seven, you know, big departments.
19
And we've met with the directors and the deputies as well as
20
their -- several of them brought their HR personnel.
21
And we just touched upon what some recommendations
22
that were initiated by our office with departmental
23
recruitments, again, just to make it standardized, uniform,
24
and equal moving forward. And, so far, the departments have
25
been very receptive to the discussions we've had. And the
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next step now is we're going to meet with our staff, the
2
processing center staff, to make sure we get their buy-in.
3
And then, the final step is to present our findings
4
and recommendations to the mayor and the managing director to
5
get their buy-in as well. And then, hopefully, we can
6
effectuate changes in our procedures -- hiring and
7
interviewing procedures for the departments.
8
And, again, just reiterating, we're continuing -- and
9
Ms. Cabanas is continuing to work on the development of the
10
HR human resources recruitment best practices and -- which
11
was identified in the audit report as an area that we'd --
12
they would like to see addressed.
13
And, again, we have a meeting with all of the
14
departmental -- we've already set a meeting for November
15
16th, next week Thursday, with all of the departmental HR
16
reps. and assistants. And we're going to discuss that area
17
moving forward in that meeting.
18
So, again, to make sure, I'm a firm believer in
19
communication. And, you know, if we present what our
20
expectations are and what we'd like to see, then I think
21
we'll get better buy-in and we'll get better follow-through
22
from the departments, the HR reps., and assistants. So,
23
that’s our goal is to make sure everybody's on the same page.
24
I think through uniformity we build confidence
25
and, you know, just a better understanding of what the
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expectations are. So that's why I think by us continuing
2
dialogue, continuous dialogue with the departmental reps., I
3
think we'll accomplish that goal or at least set a baseline,
4
and then we can make adjustments, you know, moving forward.
5
Our next department is our Personnel Organizational
6
Development Division, which is kind of what Ms. Namahoe was
7
alluding to where our department is responsible for training,
8
you know, their counterpart and, you know, other County
9
employees -- and that division is led by Mr. Waylen
10
Leopoldino. I believe he gave a presentation to the Board,
11
maybe about, seemed like yesterday, but I think it was like
12
maybe like five or six months ago.
13
So, what he's currently working on, he's revising
14
the annual training catalog format. And he's also increasing
15
the amount of mandatory training classes offered to the
16
outside, you know, to our counter-county employees. And
17
that, again, that's the skillset training and the interview
18
training.
19
He's creating a online registration system for his
20
classes, his offerings. And the other thing we're going to --
21
we're implementing and we're looking to initiate, and that's
22
something I'm going to go into further detail in my goals
23
section -- is the creation of and developing a leadership
24
training academy. And it's a soft-skills training,
25
team-building communication, emotional intelligence and the
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like.
2
And we're going to partner with Hawai ʻ i Community
3
College and Office of Continuing Education and Training to
4
make that like a formalized, possibly certification, where
5
our managers, supervisors can -- and even aspiring managers
6
and supervisors -- can partake in the program. They can apply
7
to the program and get that training that we think will be so
8
beneficial as they advance through their careers.
9
And, again, it's all in the guise and the
10
understanding of trying to bring everybody to be uniform. And
11
then, so we all, you know, go down the road following the same
12
path. You know, we're not all over the place.
13
Next department is Classification and Pay, and
14
that's headed by Ms. Jennifer Sakamoto. And, again, on
15
October 2nd she hired a replacement HR Specialist I for her
16
Classification and Pay Division. She's currently training
17
that -- the new individual, and the training is ongoing.
18
She's also currently, her department, her division --
19
is also currently working with Mass Transit. They're
20
updating all the PDs for all their white-collar positions. I
21
think the last time those position descriptions were updated
22
were maybe about 20 years ago. So, she's currently
23
working on that.
24
She's also working with the building and planning
25
departments. There's been some motivation to move the
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building permit process, transitioning it back to the
2
building division. You know, during the last Administration,
3
that process was moved – planning -- the Planning Department.
4
So she's working on that, and that's in conjunction with the
5
mayor's office. Mr. Roy Takemoto is heading that
6
out-project.
7
She's working with Parks and Recreation on several
8
requests. Again, the possible relocation of the Elderly
9
Activities Division, Building Maintenance Workers Division,
10
at the zoo and the like.
11
And, finally, she's created several new classes
12
within the County. By "new classes" is specific job, you
13
know, jobs that are specifically described that weren't a
14
part of the County system originally. So, one was a radio
15
systems manager for Civil Defense; executive assistant aide
16
for the Office of Management, which is the mayor's office;
17
and the other one that she's working on is the homeless
18
program specialist, again Office of Management, the mayor's
19
office.
20
As far as the EOO/ADA coordinator, as you know,
21
Ms. Teri Spinola-Campbell, that's her old position. She's
22
retired as of August, right? I think, yeah, the end of July.
23
So, as of August she's been retired.
24
So, in the interim period of time, I completed a --
25
we've completed a open recruitment, and we identified a
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prospective employee. She has an incredible background in
2
civil rights. She's currently with State Department of
3
Transportation. She's very experienced, and she came highly
4
recommended. You know, I personally contacted her current
5
supervisor as well as her previous supervisors, and she's
6
coming with glowing recommendations. So, we look forward to
7
her starting on December 1st. You know, that's -- you don't
8
know how happy I am because I've been covering that area in
9
the interim.
10
So, that's pretty much with ADA. Then the next
11
category is Health and Safety Division. You know, we've had
12
significant changes in the leadership in that department.
13
When Mayor Kim's Administration came on board, you know,
14
December 5th, he identified Charmaine Kamaka, and then our
15
Health and Safety Division Manager, Ryan Chong -- to lead the
16
Department of Parks and Recreation. And since that time, you
17
know, Charmaine -- and so, to backfill Ryan's position, we
18
brought in Mr. Allan Yokoyama to come in and fill the
19
position.
20
But, since that time, Charmaine and Ryan have
21
resigned as Parks and Rec's. director and deputy, so Ryan had
22
return rights back to his old position. So, Ryan returned as
23
our division head starting last month. And what I did was --
24
Allan Yokoyama was with us for about four months. And during
25
that time, you know, I found him to be very beneficial to our
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department.
2
He is -- you know, his background with risk
3
management and, you know, private insurance was just
4
phenomenal as it related to workers comp. And I really liked
5
the quality of his work. So, I retained him on a contract
6
basis for four months. And primarily what I wanted him to do
7
was to assist with the migration of our workers comp software
8
program as well as complete some projects -- workers comp
9
safety projects that he initiated during his, you know,
10
permanent -- temporary division head tenure with us. So, he's
11
been on board, and he'll stay on board until February.
12
As far as the department goes, we've had a
13
successful conversion from old HR software program which was
14
called Renaissance, and -- not software, but workers comp
15
software program. And we've transitioned to a program -- it's
16
called NAVRISK, and that's a program that is established in
17
Hawai ʻ i. The DOE has transitioned to it. HEI and some other
18
statewide organizations have recently migrated to that
19
program, and they're getting good reviews.
20
And what it does, it consolidates all the
21
independent functions that we used to have to do. There was,
22
oftentimes, where items had to be double reported by our
23
clerks. So we're hoping -- and the goal and what's been
24
promised to us is that this NAVRISK program will consolidate
25
all that. So now we have single entries and, you know,
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everything just moves forward smoother, you know.
2
And, hopefully, we can identify areas maybe where,
3
you know, things are leaking or bleeding or not being
4
addressed. And we can, you know, apply the appropriate
5
attention to each of the items much easier, faster, you know,
6
as we move forward with -- you know, and we're doing this
7
type of, you know, analytical work and repetitive work.
8
So much of what takes place is time consuming.
9
And if we can cut down the time to do the same job, it just
10
makes it so much more advantageous, not only for the County,
11
the department, but for our employees as well. You know,
12
just the fact of having to do the same thing over and over
13
again, it's just such a mental strain. So our goal is
14
hopefully by, you know, this incorporation we can reduce that
15
and maybe get more satisfaction from our employees.
16
NAVRISK went live on November 1st and, so far, it's
17
been doing pretty well. We're continuing to update and
18
create new SOPs for the program so that our analysts can
19
follow it, you know, succinctly, again, with everybody on the
20
same page.
21
We've also continued with our special projects.
22
What we've identified is some areas of employee engagement
23
and safety performance, accountability, and costs. And, so
24
far, two departments have been receptive to that, the
25
initiating dialogue to address those issues, and that's the
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Department of Environmental Management and Fire Department.
2
As you know, currently our Police Department and
3
Department of Parks and Recreation, we third-party contract
4
the workers comp supervision of those departments to a
5
third-party adjustor. And we've identified DEM and fire as
6
the departments with the next highest amount of costs
7
allocated to workers comp injuries and the like -- loss of
8
work. So we've engaged -- they've agreed to engage in a
9
program where we can establish a safety and performance as
10
relates to prevention and reduction of workers comp
11
incidents.
12
Those are the departments or the divisions within
13
our department. Now I'm going to move to the overall
14
departmental updates.
15
As you know, the Department of HR is tasked with
16
providing administrative support, and I'm also an ex-officio
17
member of the Salary Commission. So the Salary Commission
18
since, you know, during this past quarter, has met twice.
19
We're looking at the salaries of all the County department
20
heads, administration, and elected officials.
21
Our department has provided information to the
22
Commission regarding comparisons of salaries for other
23
jurisdictions. So City and County, you know, similar
24
positions in City and County, County of Maui, County of
25
Kaua ʻ i, in comparison to the County of Hawai ʻ i's department
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heads and deputies. And we've also been able to provide
2
private sector -- comparisons to private sector salaries
3
within the State.
4
So, like, for example, a project engineer in the
5
private sector, maybe for, you know, Hawai ʻ i Dredging or
6
something like that, was in -- we found that to be similar
7
type responsibilities and duties to maybe one of our
8
Department of Public Works engineers. So we brought that
9
information in as well and provided it as comparison
10
information to the Salary Commission. As you know, the
11
Salary Commission is tasked by the Hawai ʻ i County Charter to
12
set the salaries for department heads, deputies and
13
administrative staff, elected officials. And we've been
14
meeting, you know, several times on that. The next meeting
15
is scheduled for December.
16
As I alluded to earlier, we've had some domino
17
effects with our hiring’s -- internal hiring’s. We hired a HR
18
Tech II, Tammy Shiraishi, to backfill for Leslie Shimabukuro,
19
who got promoted to Marla Yamashita's position, who retired.
20
So you know how that works, right?
21
We were very happy -- as a director, you know, I
22
was very happy to be able to offer internal recruitment, you
23
know, career advancement for our departmental employees
24
moving forward. That's one of my, you know, one of my goals
25
that I'd like to see continuing as we have possible
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advancement opportunities. I hate when, you know, an
2
individual would come into a -- you know, I hate that term,
3
dead-end job. I don't think the County should have, you
4
know, any of those. So, I'm really appreciative of the fact
5
that we're able to, you know, do those promotions through
6
internal recruitment.
7
MR. TAM: I have a question. So, the decrease in
8
the training budget, do you see that affecting internal
9
movement?
10
MR. BRILHANTE: Fortunately, you know, for our
11
career advancements within our department -- I should say
12
fortunately or unfortunately. Oftentimes, the majority of the
13
minimum requirements associated with a higher-level position
14
has to do with experience -- on-the-job experience.
15
And, you know, so in response to your question, the
16
reduction in the budget -- the proposed three percent
17
reduction -- I don't think would adversely affect that -- the
18
ability of our personnel to seek advancement.
19
But, you know, it's always so much better to have a
20
well-trained, you know, staff. And Ms. Schoen can attest to
21
the fact that when we were at Corp. Counsel, that's something
22
that we really value, was the opportunity and the ability to
23
provide our attorneys, our deputies, you know, with training.
24
Because it just kept them on -- you know, the environment
25
changes so rapidly. And unless you're there on the front
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page making sure that everything's up to par, the last thing
2
you want is to be having a discussion and you're talking
3
about old news.
4
MR. TAM: Thank you.
5
MR. BRILHANTE: And then, so the final area I wanted
6
to just discuss under the overall departmental updates is we
7
recently, this past Monday, we conducted the County Employees
8
Recognition Awards Program. It was Monday and it was at the
9
newly constructed and beautiful Hilo Municipal Golf Course
10
multi-purpose room. If any of you guys have the opportunity
11
to go up there, I would highly recommend it. It's a
12
beautiful environment.
13
There were nineteen nominees -- County employee
14
nominees in three categories. Manager of the year was
15
Mr. Joaquin Gamiao-Kunkel, and he's from the Planning
16
Department. Supervisor of the year was Mr. Kevin Hashizaki
17
from the Prosecutors Office. And employee of the year was
18
Glennen Erece from the Finance Department.
19
All the nominees got a $50 gift certificate or
20
cash award, plus, which I would really appreciate, is eight
21
hours of administrative leave. And then the winners were
22
awarded $250 and as well as a beautiful koa box with the
23
County seal on it.
24
So, that's it for my quarterly report. I look
25
forward to any questions.
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In that case, I rest.
2
CHR. TULANG: I do have a question.
3
Going back to the departments and the
4
classifications, it's nothing that you reported on, but I was
5
at a conference on Maui about a year or two ago, and the
6
mayor brought up a question. And I just found it interesting
7
because he pointed out, looking primarily at women's rights
8
and advancement, and one of the things he mentioned was
9
looking at the classification of clerks. You know, say the
10
Clerk I or II, et cetera, versus labor.
11
And this is over time, when we started with labor,
12
it was very physical labor. But as time goes on, things have
13
been mechanized. You can ride the lawnmower. You can
14
program different things to get the job done. And then
15
there's been advancement in pay for those positions. But the
16
clerk position went from the IBM typewriter to the computer
17
and having to know all the software and so forth of their
18
classification -- has not addressed the idea of technology
19
improvement.
20
Is there merit in that thought? Or the other thing
21
that came back to him was don't touch it. It's a bag of
22
worms.
23
MR. BRILHANTE: This almost seems like a loaded
24
question being that I'm a man, and it's coming from a woman,
25
a well-respected woman. I'm just being facetious.
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MS. SCHOEN: Tread lightly.
2
MR. BRILHANTE: I'm leaving that discussion. But
3
as to, you know, to respond to your question, you know,
4
that's a concern. That concern has been addressed. It has
5
been brought to our attention. It initiated from the County
6
of Maui and the fact that, you know, the labor position, the
7
laborers within the County of Maui, you know, under their
8
union, their pay has advanced significantly over a period of
9
time.
10
Whereas, conversely, the clerk position in the
11
County of Hawai ʻ i, their pay has remained pretty steady and
12
stagnant throughout that same period of time. And I think
13
one of the considerations or part of the issues that Maui
14
County was having to deal with is you're talking about two
15
separate bargaining units. For the laborers, you're dealing
16
with UPW. That's their bargaining unit. That's their union;
17
that's their go-to people. They negotiate their contract
18
independently and separate of anybody else.
19
Whereas, with the clerks, they come under HGEA. I'm
20
not making any, you know, statements as to, you know, which
21
union serves their members better. They both do an excellent
22
job. And they promote the well-being and the advancement of
23
their employees. What I think what's happened was because
24
UPW is just specifically focused on the laborers and their
25
labor employees, once their labor employees transition or
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cross over to a more clerical-type position, then they
2
transfer to a new bargaining unit. So I think that's why the
3
focus had been primarily on UPW's, their laborers, and
4
they've been advancing in pay.
5
Whereas, you know, when you look at HGEA, you have
6
HGEA Unit 3, you have HGEA Unit 4, you have HGEA Unit 13,
7
you know. So you have a varying degree of what is called
8
areas of expertise, which each of those unions kind of
9
address and they're made up of. So the more technical type
10
job requirements, you find them in maybe a Unit 13 as opposed
11
to a Unit 3. And you know, unfortunately the clerks are, for
12
the most part, are within Unit 3.
13
So, I know what Maui did is -- I think Maui passed a
14
resolution or an ordinance. Maui, they might have taken it
15
upon themselves to pass a resolution or an ordinance to say
16
that their clerks' pay shall be comparable to that of the
17
laborers', you know, pay. And what I'd like to do is be able
18
to provide you more information about that at the next
19
meeting, more detailed information. Because I'm just working
20
off of memory here. I wasn't prepared for that question.
21
But I appreciate it, and I'll be able to get you specific
22
information.
23
CHR. TULANG: It was interesting that he brought it
24
up to this group of women. It's because I had not given it
25
any thought. But once he did raise the question, then it's
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like it affected a whole class.
2
MR. BRILHANTE: Yeah. And you know, historically,
3
you know, a prime example is historically certain positions
4
have been somewhat identified as gender based. You know, for
5
example, 30 years or 40 years ago, it was rare to find
6
a male nurse. Whereas, you see that -- you know, that's --
7
you know, you see that quite often now.
8
And so, I can say for the clerk position, maybe
9
30 or 40 years ago, you're correct. Maybe that was
10
an area of employment that was dominated by females. But I
11
can tell you, when we were doing our recruitment for clerks,
12
we get a significant number of males applying for the same
13
position as well.
14
So, you know, I'm not sure if it's really -- I'm not
15
sure the basis of the discussion is more gender-based or just
16
the fact that pay hasn't really increased for that particular
17
area.
18
CHR. TULANG: Right. Although he addressed a group
19
of women, the issue was focused on technology and the
20
changing of the work environment as opposed to person or
21
gender. But it was just saying you went from the good old
22
punch typewriter to having to know programs and software.
23
MR. BRILHANTE: And with advancement in technology,
24
you know, we have wonderful things like Office 365. To me
25
that's terrible because that means I'm on the clock 365
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days a year with Office 365. They can get in touch with you
2
anytime, and the expectation is you respond anytime.
3
So, I absolutely hear you. And that's one of the
4
issues we're dealing with now is, okay, we have to ensure
5
that we're clear with our employees that although technology
6
is available 365, you know, there's rules, federal rules,
7
state rules -- regulations that clearly define the workday as
8
being eight hours, and that we have to be mindful of not
9
abusing that.
10
MR. NAHUINA: Just to add onto this question. You
11
mentioned earlier that some of the job descriptions hadn't
12
been addressed for a while. And I apologize. I've forgotten
13
what that was.
14
CHR. TULANG: Transit -- Mass Transit.
15
MR. NAHUINA: How about for these clerk positions?
16
Is this another area where job descriptions have not been
17
addressed, or is it one that's been addressed recently and is
18
evolving constantly?
19
MR. BRILHANTE: That's a very good question. What
20
I know from my own experience, you know, over the past
21
several months or so is the fact that Ms. Sakamoto goes out
22
and she conducts audits of various positions within the
23
County. And she's continually looking at, you know, the
24
various positions, the specifications, and job requirements.
25
And I know that the clerk position has been
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audited. I think the duties for that, in my own opinion and
2
experience of what I've seen, is that the duties -- as Chair
3
Tulang has identified -- have changed from, you know, a
4
typewriter. Carbon copies used to -- I tell my kids carbon
5
copies, they look at me like, “Dad, what are you saying?”
6
So, although those functions changed -- you know,
7
now it's word processing and the like -- I think what's
8
really the meat or the crux of the issue is the salary, you
9
know, specific salary associated with the clerk position.
10
And, like I alluded to earlier, those salaries have not
11
increased significantly, you know, in comparison to maybe
12
entry-level positions of other bargaining units.
13
And you know, there has been -- you know, we have
14
looked at it -- and those are discussions that, you know, have
15
been ongoing and I'm sure continue to take place moving
16
forward. I don't want to tip our hand because we're opening
17
negotiations with HGEA in a month or two.
18
CHR. TULANG: Right. It's a bigger animal to deal
19
with because it's a whole class.
20
MS. NAMAHOE: I'd like to ask a question. First of
21
all, mahalo to you for your report. And you mention that
22
there are people in Human Resources. I am curious as to how
23
many bodies exist in the County that do human resources
24
outside of your department.
25
I'm also curious, understanding that pay scales are
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on a matrix, right, steps and years of service, to help frame
2
my -- to help me wrap my brain around your budgetary needs
3
and the discussion that we had earlier, if there's
4
25 bodies here, how many bodies exist in the other
5
seven departments or the other 20-plus departments and
6
agencies?
7
And pay-scale wise, how are those positions, how do
8
they stack up against the employees in your department? Are
9
the hirees in your department almost entry level with the
10
carrot at the end of the stick being those plum positions in
11
the other departments? I'm only assuming, but I don't know.
12
Are you able to, maybe at a future meeting, give us a graphic
13
that shows us what it looks like so that we understand your
14
challenges?
15
And it goes back to anchoring my understanding of
16
the training, the trainers, versus the County training
17
budget. Everything is filtering through you folks. But
18
going forward, how do we not set you up for failure? And
19
especially as three of us are still, we're relatively new
20
here -- it'll help us understand how to support your function
21
better.
22
MR. BRILHANTE: You know, I appreciate that
23
opportunity. I'd like to take you up on your offer at the
24
next meeting. What I'd like to do is I'd like to be able to
25
present to you the structure, organizational structure of our
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department and then also be able to provide you the
2
organizational structure of these seven departments.
3
I can just tell you, and then we can do a -- I can
4
provide a comparison as to what the responsibilities are or
5
what the categories for each description are, as well as the
6
pay scale, you know, generally, for these positions.
7
And then, but what I'd like to do now is just to
8
let you know that we have 25 employees currently,
9
with two vacancies. Just a rough estimate. I allude to the
10
seven big departments. That's, you know, Police Department,
11
Fire, DEM, Public Works, Finance, Parks, and Water Supply.
12
The only reason I know this is because I met with them
13
recently.
14
So -- and each of those we estimate maybe there's
15
about, what, three or four HR personnel.
16
MS. CABANAS: There's six. Out of the big seven
17
departments that our director mentioned, six are --
18
CHR. TULANG: I think you have to come to the mic.
19
MS. NAMAHOE: So that's Finance, P and R, Water
20
Supply, DEM, Police, Fire.
21
Planning?
22
MR. BRILHANTE: No. Parks and Recreation.
23
MS. CABANAS: Finance.
24
MS. NAMAHOE: Finance, Parks and Rec., Water Supply,
25
Environmental Management, Police, Fire and . . . ?
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MR. BRILHANTE: Public Works.
2
MS. NAMAHOE: Public Works. Thank you.
3
MS. CABANAS: Good morning. I'm Gabriella
4
Cabanas. To answer the Board's question, out of the big
5
seven departments, we have five that are program specialists.
6
They are SR-24s. They are the senior super-level HR
7
specialists. The reason being that they have large
8
departments with a lot of activity.
9
One department has had a manager lower than our
10
managerial classification in Central HR. And other is a HR
11
Specialist I. That position was downgraded from a HR
12
Specialist II.
13
The other departments have classifications that
14
are, I want to say, “hybrid.” But that's not the right word
15
either. They're performing primarily other type of work --
16
either account, clerical, or secretarial. But a small
17
percentage of their duties is the HR function and that's
18
because the departments they're in is smaller.
19
MR. BRILHANTE: So, there's less of a need for the
20
day-to-day HR functioning of that individual. So, they're
21
kind of like a hybrid. They'll be responsible for finance.
22
I think Corp. Counsel has some, a position that's similar to
23
that. They'll be responsible for finance as well as HR and
24
the like.
25
MS. NAMAHOE: Okay. Thank you.
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MR. BRILHANTE: And then I'll give that
2
presentation. We'll schedule, agendize that presentation for
3
the next hearing. Thank you.
4
CHR. TULANG: Maybe you can do it in a visual, like
5
PowerPoint.
6
MR. BRILHANTE: Yes. I'll -- definitely, thank
7
you.
8
MS. NAMAHOE: And, finally, the structure of those
9
positions, those seven, the program specialists, the manager,
10
and the HR specialists, they don't fall under HR being
11
dedicated HR bodies. They fall under those departments,
12
correct?
13
MR. BRILHANTE: Correct. They're independent.
14
Their actual duties and responsibilities are independent of
15
the HR department. They respond to the department heads and
16
deputies. You know, they come under their organizational
17
chart of that specific department. And so, they're managed
18
and supervised by department heads, deputies, and
19
supervisors.
20
CHR. TULANG: However, they have to follow the HR
21
guidelines.
22
MR. BRILHANTE: Definitely.
23
CHR. TULANG: Okay. Any more questions?
24
Thank you, Mr. Brilhante.
25
I don't know if you all had a chance to review --
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are there any questions on that? Okay. Thank you.
2
We have one last item here for Mr. Brilhante to
3
address. And they are Fiscal Year 2016-17 Annual Evaluation
4
of Human Resources Director. But we will focus on the goals
5
and objectives.
6
MR. BRILHANTE: Thank you, very much. I was glad
7
you said that because this would have been the shortest
8
evaluation period in employment history.
9
Anyway, as to my proposed goals and objectives for
10
Fiscal Year July 1st, 2017, through June 30th, 2018, I have
11
three goals and there -- some of you may be familiar with
12
some of the goals only because I think the previous
13
administrator, my predecessor, Ms. Toriano, has submitted
14
these goals -- well, several of the goals to you in a previous
15
meeting.
16
But what I wanted to do was just elaborate and
17
provide you my vision moving forward as far as the department
18
goes. You know it's kind of -- I'm in a awkward situation.
19
I'm here telling you what our goals and visions are for the
20
full, you know, fiscal year, all the way into June 30th,
21
2018. But I may not be around here in three months. I'm
22
joking.
23
But, anyway, so just moving forward, the first goal
24
I want to present to the Commission, proposed goal, is to
25
establish -- again, I alluded to it in my departmental
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quarterly report -- is establish the County-wide leadership
2
training academy with the assistance of the Hawai ʻ i Community
3
College Office of Continuing Education.
4
If we can train our supervisors and our managers to
5
have a clear understanding of the goals and objectives of the
6
civil service, the merit principles, and the duties and
7
responsibilities of HR, specifically -- that would be such a
8
benefit, you know, to the County as a whole.
9
But if we can just bring a lot of the managers and
10
supervisors on par with just the general operating procedures
11
of the County, as a whole, I think we would raise everybody's
12
level significantly moving forward.
13
And what the result of that would be, in my
14
opinion, is that we'll see less labor issues down the road.
15
Because when you have consistency and you have a clear
16
understanding of what the expectations are, I think you have
17
less confusion moving forward. And, again, my hope and what I
18
would like to achieve with this is, again, to reduce the
19
amount of labor, you know, relations strife or grief that we
20
are kind of seeing now, maybe a reduction in grievances as
21
well as, personally, to you, a reduction in the internal
22
complaints.
23
MS. NAMAHOE: This would be in partnership with
24
HCC? Would it also be available as like a three-credit
25
course, or . . . ?
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MR. BRILHANTE: Right now, we haven't
really
2
addressed the college credit -- how should I say, not issue,
3
but --
4
CHR. TULANG: You're working with Continuing Ed?
5
MR. BRILHANTE: Correct.
6
CHR. TULANG: Okay.
7
MR. BRILHANTE: Second goal is implement a
8
County-wide policy and education program in line with the
9
County's prevention of workforce violence policy and
10
procedures. As you know, we've been addressing that issue.
11
Unfortunately, for the County, we had an old workplace
12
violence policy in place. It was never adopted by the UPW.
13
There was a court case which stated that since UPW
14
was never involved in the consultative process, initially,
15
when the policy was adopted by the County, they weren't subject
16
to comply with it.
17
So, we've been kind of moving forward with a
18
workplace violence policy which, you know, UPW didn't
19
recognize and the courts didn't uphold.
20
So, what we've done is we've initiated and we've
21
instituted revisions to our policy. We sent off the revised
22
policy to HGEA, to SHOPO, to HFFA as well as UPW. We've
23
gotten affirmative responses from fire, police, and HGEA.
24
UPW has requested additional time to vet the proposed and
25
revised policy. But we're, definitely, engaged in the
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interactive process with them moving forward. So, we're just
2
waiting to conclude that, and then we can move forward
3
instituting the policy. So, that's Goal Number 2.
4
And then, Goal Number 3 is develop and implement
5
a County-wide criminal suitability process for non-uniform
6
personnel. This issue was brought to our attention through
7
the recent passage of the Federal Tax Information Act, where
8
it said anybody who was touching privileged or private
9
information from federal taxpayers where social security
10
numbers, home addresses, date of birth, were required to
11
comply, all of our employees would be -- have been required to
12
comply with federal and state background checks, you know,
13
criminal background checks.
14
And so, we initiated an investigation and actually
15
looked at the requirements that would have been needed to
16
comply with that federal law. We've identified departments
17
who need to be in compliance with that federal law. And
18
we're instituting that program moving forward. We've
19
already, we already conduct background checks for our
20
safety-sensitive positions -- police, fire, prosecutors
21
office. And we're just continuing our due diligence as to
22
what other departments, whether finance department or the
23
like, would have to be in compliance with that rule, with
24
that regulation. So, that's our third goal moving forward.
25
Yes?
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MR. TAM: In regards to that last goal -- so I would
2
anticipate you folks are working with the appropriate unions
3
in the event an employee should fail that background and
4
what the recourse would be.
5
MR. BRILHANTE: You know, that's definitely
6
something that's always on in the forefront of any changes we
7
make, you know, from a HR perspective. You know, anything
8
you do, there's always that requirement that you have to
9
consult with the union, you know, if it affects a employee or
10
a group of employees that are subject to a, you know,
11
bargaining unit.
12
So, that's definitely something that we have to
13
consider and we have to engage in moving forward, if we are to
14
change the requirements. Especially if, you know, at the end
15
of the day there's a possibility of, you know, maybe an
16
employee being terminated because they failed a background
17
check. You know, that'd be imperative that we have that
18
discussion with the union.
19
CHR. TULANG: Any other questions, Board members?
20
Well, looks like you'll be properly busy.
21
MR. BRILHANTE: Thank you, very much.
22
CHR. TULANG: Thank you.
23
Okay. I'll entertain a motion for a recess.
24
MS. NAMAHOE: Make a motion that we go into recess.
25
CHR. TULANG: Okay. Ten-minute break.
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MR. NAHUINA: Second.
2
CHR. TULANG: Moved and seconded.
3
(Recess taken from 10:37 a.m. to 10:47 a.m.)
4
CHR. TULANG: I'll entertain a motion to recess
5
until one o'clock.
6
MR. NAHUINA: So move.
7
MR. TAM: Second.
8
MS. TULANG: All those in favor.
9
BOARD MEMBERS (COLLECTIVELY): Aye.
10
(Recess taken from 10:47 a.m. to 1:31 p.m.)
11
CHR. TULANG: The Merit Appeals Board is
12
reconvened. The time is 1:31.
13
Before us is Communication 17-03 received on July
14
19th, appealing recruitment and examination action concerning
15
non-selection of position at Parks and Recreation;
16
Communication 17-03.1 regarding appellant's witness list;
17
Communication 17-03.02 regarding County's witness list;
18
certificate of service and Communication Number 17-03.03.
19
Mr. Mattos. If you can identify yourself.
20
MR. MATTOS: Jason Mattos. Julie, at this time I
21
was wondering if I could withdraw my complaint, and --
22
CHR. TULANG: Can you tell us why.
23
MR. MATTOS: I just was thinking about it, and I
24
just want to keep going on, you know, serving my County,
25
doing what I do best and working hard and trying to better
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myself again. So, I just want to withdraw my complaint today,
2
if can.
3
CHR. TULANG: County?
4
MR. KAGAMI: I'm Deputy Corporation Counsel Mike
5
Kagami for the employer. I have no objection.
6
MR. CHILLINGWORTH: Let's make sure this is
7
being done voluntarily with no coercion from anyone's part.
8
This is your free decision?
9
MR. MATTOS: It's my free, da kine, will.
10
MR. CHILLINGWORTH: Nobody's putting pressure
11
on you to do it?
12
MR. MATTOS: Nobody's putting pressure.
13
CHR. TULANG: Nobody's twisting your arm?
14
MR. MATTOS: Nobody twisting my arm.
15
CHR. TULANG: No threats?
16
MR. MATTOS: No.
17
CHR. TULANG: No retaliation?
18
MR. MATTOS: No retaliation.
19
CHR. TULANG: Board members, any questions?
20
Jason, we accept your withdrawal.
21
MR. MATTOS: Thank you.
22
MR. KAGAMI: Thank you.
23
CHR. TULANG: We're still on the record.
24
Glynis, is the microphone outside?
25
MS. YAMADA: It's off outside.
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CHR. TULANG: Okay. We are still on the record.
2
Any questions, discussions? Case is closed.
3
MS. NAMAHOE: Thank you, Mr. Chillingworth, for
4
what you said, for confirming that. I had my own concerns.
5
CHR. TULANG: Okay. Officially --
6
MS. LOUI: This is the Board's counsel, Miriam
7
Loui, Deputy Attorney General, standing in for Jim Halvorson.
8
The Board is going to -- I'm asking a question:
9
The Board is going to officially submit communication that
10
appellant showed up today and withdrew his appeal, yes?
11
CHR. TULANG: Yes.
12
MS. LOUI: So, the record's going to be closed.
13
Very good. Okay.
14
CHR. TULANG: All business before us has been done.
15
We covered our agenda early on.
16
Our next meeting is January 10th in the same room
17
back here at 9 a.m.
18
MS. YAMADA: Place to be determined.
19
CHR. TULANG: Place to be determined, yet, according
20
to my earpiece. But we do have the hearing, we have the
21
motion to dismiss at that meeting, and we also have another
22
appeal, Myrleen Kaloi.
23
When, prosecuting attorney -- so it should be a
24
short meeting on January 10th. And if we just have the one,
25
it's a good chance that we'll be back over at the conference
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room. Is that correct?
2
MS. YAMADA: Correct.
3
CHR. TULANG: Okay. Any other questions,
4
discussions? I'll entertain a motion to end.
5
MR. NAHUINA: I move that we conclude this meeting.
6
MR. TAM: Second.
7
CHR. TULANG: I meant adjourn.
8
MR. NAHUINA: Yeah. Adjourn. Move that we adjourn
9
this meeting.
10
CHR. TULANG: All those in favor?
11
BOARD MEMBERS (COLLECTIVELY): Aye.
12
CHR. TULANG: All those opposed?
13
(No audible response.)
14
(Hearing adjourned at 1:37 p.m.)
15
16
--oOo--
17
18
19
20
21
22
23
24
25
ISLAND COURT REPORTING & TRANSCRIPTION SERVICES
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51
1
2 STATE OF HAWAII
ss .
3 COUNTY OF HAWAII
4
5 I, KURT FAUT, CSR 418, a Certified Court Reporter
6 in the State of Hawaii, do hereby certify that the foregoing
7 pages are a true and correct transcription of the
8 stenographic notes taken at the meeting had in the above
9 matter.
10
11
12
13
14 Dated this 14th day of November, 2017 .
15 1 _______
16 ___ ��= AL
17 KURT FAUT, 418
18
19
20
21
22
23
24
25
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ISLAND COURT REPORTING & TRANSCRIPTION SERVICE
(808) 933-9800
Mr. Kurt Faut, Certified Court Reporter, transcribed the aforementioned proceedings of the Merit
Appeals Board at its meeting held on November 8, 2017.
Glynis Yamada, Secretary, Merit Appeals Board, had incorporated some minor
formatting/housekeeping revisions throughout the transcript. (For informational purposes, the
following County employees were also present: Gabriella Cabanas, Charmaine Kamaka, Ryan
Chong, Roxcie Waltjen, Doreen Torres, Jason Mattos, and Sr., Dustun Gomes.)
Respectfully Submitted,
jekt. ,044/1.0d/L2
Glynis Yamada, Secretary
IP)
APPROVED:
Julie M. Tulang, Chair
Merit Appeals Board
PUBLIC STATEMENT REGISTRATION FORM
MERIT APPEALS BOARD
COUNTY OF HAWAII
HILO,HAWAII
Date: 61/ c/ / 7 (Please print clearly) Support
Oppose
X.Comment
Please list the item(s)you will be speaking on:
Communication No. J 7 - 0 / . 6.6. .0 7 OR
Subject/Topic: 1/ f f 6-5 A 5-4 ` \0"/ CYptal)
Name: 00,kt_P-(¢ 77{e c(a, Donald eda)
Representing:-- 1--F/ 1
(Please indicate whether Self or Organization)
***For official use only: Speaker No. O