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HomeMy WebLinkAbout2018-03-29 Merit Appeals Board MinutesMerit Appeals Board Department of Human Resources 101 Pauahi Street, Suite 102 Hilo, Hawaii March 29, 2018 (Thursday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 9:01 a.m. by Chair Julie M. Tulang, at the Department of Human Resources (HR) Conference Room, 101 Pauahi Street, Suite 2, Hilo, Hawaii, on Thursday, March 29, 2018. Roll Call — Present Ms. Julie M. Tulang, Chair Mr. David K. S. Nahuina, Vice -Chair Mr. William Chillingworth, Member Ms. Luahiwa Namahoe, Member Mr. Mitch Tam, Member Also Present Mr. Craig Masuda, Deputy Corporation Counsel, Ofc. of the Corp. Counsel Mr. William V. Brilhante, Jr., Director, HR Department Mr. Allan M. Yokoyama, Deputy Director, HR Department Ms. Glynis Yamada, Secretary -Reporter, HR Department Merit Appeals Board March 29, 2018 CHR. TULANG: Let's see—Addendum to the Agenda requires four votes—do we have any additions to our agenda? MR. BRILHANTE: Before that, what we wanted to do was recognize that this is Julie's last meeting. So, from the HR Department—present you with a lei. CHR. TULANG: Thank you. MS. YAMADA: Speech, speech. CHR. TULANG: Oh, my gosh. I'd like to say it was a pleasure, but it was a challenge and that's opportunity—and I'm richer for it. MR. CHILLINGWORTH: Well, it was a challenge we all met. MR. NAHUINA: Yes, you're really you are amazing. CHR. TULANG: Thank you. And it's just been a pleasure getting to meet new people that I don't ordinarily run into. Thank you. MR. TAM: Thank you. MR. CHILLINGWORTH: Thank you. MS. YAMADA: Thank you. MR. NAHUINA: Thank you. CHR. TULANG: And, Glynis, you are the best. MS. YAMADA: Thank you. CHR. TULANG: Actually, the best. And I say that because I'm on various different boards and things—and you're the best. MS. YAMADA: Thank you so much. MS. NAMAHOE: Thank you for leaving us—deep footprints to follow. CHR. TULANG: Thank you. And I know it's in good hands with William back there. Addendum to the Agenda (Item 2) There was none. Page 2 Merit Appeals Board Statements from the Public (Item 3) There were none. Approval of Minutes (Item 4) There were none. Communication(s) (Item 5) There were none. March 29, 2018 New Business (for discussion and appropriate action) (Item 6) Election of Merit Appeals Board Chair and Vice -Chair for Calendar Year 2018. CHR. TULANG: So, the order of the business of the day besides coming to sign the Findings of Facts—is to elect our new Board Chair and Vice -Chair. So, nominations are now open for Board Chair. Folks, don't all volunteer at the same time. MS. NAMAHOE: I would like to nominate Judge Chillingworth. MR. CHILLINGWORTH: Well, I'm the junior, junior, junior member of this Board and I think that there are other people on the Board that should be given the opportunity for me, really. And I'm not saying that because I don't want to be chairman—and I think at some point I could do it. But I've been here for what—four or five months. There's a wealth of information that I still haven't come up against or had the opportunity to put into my Before I became a judge I spent 15 years going to court -15 years. And in that 15 -year time period, I learned a lot about how to be a judge. But, this is four months. There are other people on the Board who would serve very well, who will have had more experience than I have. And, thank you for the—for thinking of me, but my clear preference is to get a little bit more experience on the Board before stepping up. CHR. TULANG: Okay. Go ahead. MS. NAMAHOE: May I rebut? CHR. TULANG: I was going to, but you can go ahead. MS. NAMAHOE: Understand please understand, Sir, that Mitch and I started a few months before you. We came on—our first meeting was November of 2016. We did not have meetings every single month. I do believe that these last 90 days Page 3 Merit Appeals Board March 29, 2018 CHR. TULANG: Have been the most active. MS. NAMAHOE: comprised the greatest number of physical hours that we've put in, which includes all four months of your tenure. And I say that because we share the same concerns about the preparation or lack thereof. First and foremost, I would like to mahalo David. I have watched David have to step into the Chair's role on a few occasions. And my respect for David this is also his last year. MR. NAHUINA: It is. And that's what I would have brought up. I am—I finish in December. So, 9 months -8 months left. So, it seems a little odd `cause we would end up doing this again MALE: In December. MR. NAHUINA: In December. But I did think about that quite a bit. And I there's a couple things I thought about for you, Judge Chillingworth, it was you spent what, three or four years as a judge— MR. CHILLINGWORTH: 23. CHR. TULANG: I think you've had good training. MR. NAHUINA: That might be a lifetime for many people. And you retired. I'm not sure that that's where you want to go again right away. And I did think about that—and I respect that greatly. And so, for myself, if you would like—I would gladly be the Chair—but there's that situation of me exiting in 9 months -8 months. So, I'm not sure if that's the wisest of the decisions to make. So, that that'sI thought about this a lot so. MS. NAMAHOE: David, of us—of the four of us remaining, you are the senior member after Ms. Tulang. And I think that you have handled the gavel capably, and honorably, and admirably. But I also know that as a teacher, it's been a conflict for you. MR. NAHUINA: Yes. MS. NAMAHOE: It has been a schedule conflict. I also recognize that of you three gentlemenI'm the—well, of you three gentlemen—of all of us, I'm the only one from Hilo where we hold our meetings. So, it is not lost upon any of us the sacrifice you folks have to make for the drive—as somebody who drives for my job and goes to Kona every other week at least. So, I get it. And I am grateful for it. And I'm now going to step back— Page 4 Merit Appeals Board March 29, 2018 MR. TAM: So, was that just a nomination for yourself to be? CHR. TULANG: I think I hear a nomination, certainly, for Vice -Chair. MS. NAMAHOE: My—when we recognize different positions that we take, I there's a certain order that comes with sitting in the chair's position—reading into minutes, following, providing order. That is not my skillset. I take that time to sit on the side, check everything out, and get ready to start asking questions. I was never been raised to be a judge, but I will always have a litigator's eyeball. So, I don't see myself being a that wouldn't be my best fit. CHR. TULANG: Okay. MR. CHILLINGWORTH: David, you deserve the opportunity, and having the chairmanship of the Merit Appeals Board for the County of Hawaii on your resume would also look very good for you in the future. MR. NAHUINA: Thank you. CHR. TULANG: So, David, 9 months is fine and it will go fast—and that's perfectly all right. We just need to choose the next vice-president, so we got this rotation going. MR. BRILHANTE: And we can always extend your term by an additional 90 days. CHR. TULANG: Yes. MR. CHILLINGWORTH: Oh, good. MR. TAM: Just 90? MALE: Tell them that after. MS. NAMAHOE: In conclusion, we'd like to follow with a Year of the Dog being completely (inaudible). MR. NAHUINA: I would gladly accept. CHR. TULANG: Okay. Thank you. So, in that case, Judge Chillingworth would say "yes" to Vice-President— MR. CHILLINGWORTH: Absolutely. Page 5 Merit Appeals Board March 29, 2018 CHR. TULANG: or Vice -Chair? Okay. MS. YAMADA: I need a motion CHR. TULANG: Yeah MS. YAMADA: —and a second. CHR. TULANG: Yeah. We're just working on the preliminaries—we'll get to the formal. MS. YAMADA: Okay. CHR. TULANG: Okay. I need a vote first MR.MASUDA: Why don't you state the slate? CHR. TULANG: Okay. The—for Chair of the Merit Appeals Board, we have David; and for Vice -Chair, William. MR. TAM: So, I move that next years' slate reflects David as "Chair" and Judge William as "Vice -Chair." MS. NAMAHOE: I second that nomination. CHR. TULANG: All those in favor? Those opposed? Don't you say a word. AYES: Members Chillingworth, Namahoe, Nahuina, Tam, and Chair Tulang – 5 NOES: None. ABSENT: None. EXCUSED: None. CHR. TULANG: The motion carried. Congratulations. MS. NAMAHOE: Mahalo to you. MR. NAHUINA: Thank you. MR. TAM: Thank you very much for your leadership. CHR. TULANG: Okay. And now, we have the fun part. Our new Director. MR. BRILHANTE: I'm on the hot seat, like, for real kind. Page 6 Merit Appeals Board CHR. TULANG: For real kind. CHR. BRILHANTE: Can't just say I'm "Acting CHR. TULANG: No. MR. BRILHANTE: or I'm just the "Deputy." CHR. TULANG: No, no. No acting anymore. March 29, 2018 MR. BRILHANTE: Well, first off, good morning, MAB Members, and Chair Tulang. I want to just show my appreciation for the leadership you've shown the Board with your service not only to our Department, but to the people of the County of Hawaii. I mean, you've done a great service and you've led this Board in a great direction. At a time of—which there was some there was a cloud over the Department I think the trust that you instill and the reputation you have with the people in our community went a long ways with moving the process forward and making sure that there was a system in place and a course of action in place that would ensure that we're able to regain the trust of the administration, the department, the County employees, and the people of the County of Hawaii. And so, Ms. Tulang, I want to thank you for that—for your service. CHR. TULANG: I'd say "You're welcome" but I didn't do it single-handedly (inaudible). MR. TAM: Through your leadership. MR. BRILHANTE: Through your leadership—second. MS NAMAHOE: Thank you so much. MR. BRILHANTE: Secondly, just to clear the confusion. And so, there's no misunderstanding or confusion caused by today's lunch. The process for boards and commissions is that the County authorizes $8 per commissioner for us to provide lunch for them. In addition to the lunch the commissioners are authorized a mileage reimbursement. Oftentimes, the departments that the board or commission members represent treat a lot of their boards and commissions to lunches outside of the $8 parameter. There's a process in place for that. And that's what we did today. Historically, we buy bentos which I hope you guys all enjoy. The reason we provide the bentos is because it meets that $8 maximum requirement. That way we don't have to go in and request additional funding. But, today, being that it was Julie's last day with the commission or with the Board, we wanted to request that we be able to take the commission to lunch across the street to Kenichi's. It's a reasonable lunch and it's not going to break the bank. Page 7 Merit Appeals Board March 29, 2018 So, I just want to assure each and every one of you that we went through the formal process. We submitted what is called a "RAE" to the Finance Department. We were just notified that Finance did authorize the overage of the funds to cover the lunch, again, a reasonable lunch at Kenichi's. So, like I said, it's not going to break the bank, but we do have that formal authorization moving forward. Just so that there's no confusion with that. So, I apologize for any confusion I may have caused. I appreciate Corp. Counsel's quick response and J's opinion was absolutely on point. If I was there treating you to lunch in my official capacity, that would be problematic. And so, I just wanted to make sure that, by all means, that wasn't intended. Director's Report (Item 7) Items of Current Interest MR. BRILHANTE: Now, to new business—what I'd like to do at this time, I'd like to introduce Mr. Allan Yokoyama. I appoint I requested and he accepted appointment as being my Deputy for the Department of HR. Now, Allan comes in with a lot of background specifically in workers' comp and CHR. TULANG: Can you have Allan come over to the table? MR. BRILHANTE: YeahAllan, come up. He has a strong workers' comp background. He, initially, came to the County from Honolulu to fill the position when Charmaine and Ryan Chong were promoted to Parks and Rec. Director and Deputy. Ryan was filling the position of the Division Head for our Workers' Comp and Safety Division. So, when Ryan took that position through an open competitive recruitment—Allan was offered the job to serve in that capacity as the interim division head and he performed the duties for about 3 or 4 months and then, as we know, Ryan and Charmaine resigned and came back. So, Allan was somewhat out of a job. But—so what I did, we really appreciated the work and we really valued the work that Allan performed during this 4 -month period of time. So, I maintained his employment through an employee contract and he came in and he oversaw there was a specific need for Allan at the time because workers' comp was transitioning their software program the work comp to a new vendorNAVRISK—and there was a lot of issues going back and forth. Any time there's a major software transition like that—with database and everything there's issues with SOP'S, there's issues with"Oh, we used to do this to get this information and this is the reports we got. And now we're doing this, and this report" there's all these problems associated with that. So, I maintained Allan on a contract, specifically, to address that transition and he did really well. So, moving forward, I met with the mayor when I was making my decision and, actually, the mayor called me in, like, three times to his office. He wanted to know who my deputy was Page 8 Merit Appeals Board March 29, 2018 going to be. And I gave a lot of thought and there was—at no time did the mayor specifically say he wants this guy, or this guy, or that guy. There was never that pressure. But, the mayor told me was, `Bill, you pick somebody who's going to be the yin to your yang." He goes, "Identify your strong suites, identify the areas that you feel are your strengths and then you're going to want to pick somebody who's the opposite of that, so that you can complete the circle. And, as a management team, you're able to be fair and effective as a management team." And so, I did that and I sat down and I listed my strengths and I listed areas of weakness. And when I evaluated potential candidates I kept looking back at Allan's resume and I kept reflecting back to the type of—his job performance as the interim direcdivision head and then under contract. And I felt that Allan was a great fit. The areas I felt that we needed to have be able to apply additional attention to—Allan had that strong background. In my opinion, one of the areas that I reallyI needed—we—that I thought that we really needed individual—more specific oversight was just through the Workers' Comp Division. I'm not sure if you know, but if you look at our budget—Workers' Comp comprises about 50% of our budgetary expenses through claims and everything. And there's also the component— well, omponentwell, I strongly believe an ounce of prevention is worth a pound of cure. And what I thought, and my opinion at the time, through my evaluation of Workers' Comp was that we weren't providing enough prevention. Our safety risk prevention program wasn't as effectiveI'm not even sure how—it wasn't even County -wide. It was, kind of, like, a piecemeal—mismatched, a little bit here, a little bit there. So, I identified that as being a real problematic area, and that's the specific area that Allan comes from. He has a strong risk management background. He worked for Department of Labor and Industrial Relations. He has a strong workers' comp background and he has a strong supervisory background. And those are the areas that I really needed him for. I can't spend every day overseeing the Workers' Comp Division. I just—there's just too much demand as the director. I have 7 divisions, whereas, Allan's first course of business I specifically assigned him to oversee the Workers' Comp Division. So, that takes a lot off me. And then, as we go forward, I'm sure we'll expand responsibilities and, kind of, transition from there and put the right person in the right place. Yes? MS. NAMAHOE: Thank you for bringing this up about your background, Mr. Yokoyama, for risk management and the DLR. When it comes to your time to explain, I really look forward to hearing about what your thoughts are in terms of how to mitigate the risks that we're facing. You might not want to do it today, but I would love to—I'd be very curious to hear it going forward. `Cause that also goes that ducktails into what I do for a living. So, just so that you know, I'm curious. MR. YOKOYAMA: Okay. Page 9 Merit Appeals Board MS. NAMAHOE: Thank you. March 29, 2018 MR. BRILHANTE: So, Mr. Allan Yokoyama, he's happy to answer any of your questions. You can say a few words. MR. YOKOYAMA: Yeah. I'll start up—it's an honor and a pleasure to serve on the Board. I look forward to working with each and every one of you. There's a big learning curve. I'm glad I have a good mentor. And, unfortunately, Julie's leaving but I know we're leaving it in both David and Judge's hands. So, I look forward to that. And, by all means, let's engage and discuss further. I have some ideas that I would like to set forth and, definitely, having a small portion of it -23 years of doing risk management mostly a great part of it in construction in Honolulu. I would like to extend those experiences in risk management and insurance and how we can apply it here in the County. Very much a lot of learning—how County does it versus the public sector, but it's a good learning experience. Other than that, Iby all means, let's start the planning ahead and go forward but just today was more the introduction and I appreciate the fact that I'll be serving on the Board. MR. BRILHANTE: Thanks. Great. So, as to other areas on—from—what I want to do is just touch upon some of the current—going on with some of our divisions. From the Administrative Division, we were—an offer was made and accepted to a new to fill our Specialist position. So, Dee Ann Sadayasu, who's the division head, has—we have made an offer to for her assistant, a Specialist, and it was accepted. So, that individual will be starting on April 16. This person has a large amount of County experience. She's coming over from another department. We conducted, I think, internal recruitment. She'll, primarily, be assisting with organization and notification of the County -wide benefits program that we provide to all of our employees. And she'll also be administering and monitoring our County's budget and fiscal programs. So, she'll provide a lot of assistance to Dee Ann and take off a lot of those additional responsibilities to Dee Ann. As far as our Labor Relations, we're in the process of settling two employee grievances. Lee Botelho has been working hard and Corp. Counsel has been providing great assistance. John Mukai has helped us tremendously. One individual is, kind of, like, a three-way departmental agreement between the County Clerk, Aging, and ourselves—transferring one of the individuals to address her concerns. And the second one is a settlement involving a Finance Department employee. So, we've reached a tentative agreement on both of them and settlement agreements are being drafted. So, those are two—any time we go through the grievance procedure and it actually goes through arbitration there's significant expense to the County `cause we're pretty much foot the bill. And so, by these settlements, we're, kind of—it's, kind of, a win-win for the County. The employee's happy, `cause our employees are all valued. And then, we're happy because it costs us, in the long run, significantly less money. Page 10 Merit Appeals Board March 29, 2018 Lee and I were recently, this past Friday, we were—we participated in the Fire BC's Intermediate Court of Appeal court ordered medication. So, we were at the courthouse with the mediator for the day in an attempt to settle the current appeal by the battalion chiefs. Unfortunately, we weren't able to reach agreement, but I think we have a good understanding going forward as to what the primary concerns are. I'm not sure the demands from the battalion chiefs are really high, really expensiveI'm not sure if we'll be able to satisfy their wants, their demands. But I can tell you this, the department prevailed through the MAB appeal and we also prevailed through the Circuit Court hearing—we were found the County was found to be conducted our to be proper in the position we took. So, the court sided with the County on—in both occasions both the MAB and the court. And, going forward, it's ICA we never know what's going to happen at the ICA. They're going to CHR. TULANG: What's "ICAT' MR. BRILHANTE: Intermediate Court of Appeals—so we never know what's going to happen `cause that's an independent body and they, kind of, look at the record and they make a determination. Craig can correct me, but my understanding is that the written briefs have already been submitted to the ICA and now they're just— MR. ust MR. MASUDA: I don't think so. MR. BRILHANTE: Oh, (inaudible) briefing scheduled—is in place? MR. MASUDA: Yes. MR. BRILHANTE: Okay. So, we're just, kind of, going forward with that. So, what happens is ICA makes a determination—whoever prevails is happy. Whoever doesn't prevail, I'm sure will request that the Supreme Court take jurisdiction over the matter and they take a second look at the case as well. And so, that's what we're anticipating that this is just Step 3 in a 4 -step process. And so, we'll just go forward from there. And just got off the phone this morning with Corp. Counsel, we're going to continue negotiations with the former battalion chiefs as well, going forward. So, hopefully, we can reach some type of resolution. I'm not sure if we can, though, but we are in discussions. MS. NAMAHOE: Can you please jog my memory, are they still with the Fire Department or are they— CHR. TULANG: Some of them retired. Page 11 Merit Appeals Board March 29, 2018 MR. BRILHANTE: There's— MR. MASUDA: One retired. MS. NAMAHOE: One retired. MR. BRILHANTE: Well, there's 14 plaintiffs and all but three of them are retired -3 of the 14. So, three are current. CHR. TULANG: Yeah, (inaudible) guys. MR. BRILHANTE: For Recruitment—we're currently in the process of amending the HR Director's Rules to reflect the new registration recruitment procedures. So, part of the audit referenced—made reference to the fact that when it comes to registration recruitments, that the County conducts—and registration recruitments are special recruitments where there's no minimum qualifications for the applicant. So, it's an entry-level position, like, maybe a Park Caretaker or a Public Works Labor Ior something to that effect where all you really have to do is have a driver's license and an address. And then, you're eligible to be, I guess, vetted. So, what happened was the audit identified two problems with that process. One was that those positions were put on continuous recruitment. So, since the recruitment was open at any time, any individual could be—could come in and say, "Oh, I need a job"—and they could be instructed to apply. And then, they could be pulled off that list, `cause it's just a registration list, right. So, once you have a license and you register, you're eligible. So, I think there was some concern that maybe there was some quid pro quo there—some political influence associated with that. And so, that was a problem. And the second problem was that the lists were so large, some of the lists were over 1,000 candidates. So, that just that, in and of itself, because it's continuous—any day, anybody could come in and apply and they get added to the list. So, as people were terming out—their 12 months were terming out just as many people were coming on board. So, you had this continuous, 1,000 -name application pool. So, what we did was, we immediately, upon the issuance of the audit, we suspended the open recruitment for those positions. So, we terminated—so we no longer had open recruitment. We closed the recruitment for those positions and we just for maintaining whatever current list we had. MS. NAMAHOE: So, you're going to close out the list by attrition? MR. BRILHANTE: Well, the list expired at the end of the year. Page 12 Merit Appeals Board MS. NAMAHOE: Okay. March 29, 2018 MR. BRILHANTE: So, the list was closed at the end of December. I mean, the list was terminated. Because there were so many names there was no way we could continue the list going forward, like, how would we differentiate between a guy who applied in January of 2017 as to a guy who applied December 3rd, 2017? So, what we did was, to be fair to everybody and not having to go and sift through every name and say, "Oh, this guy was this guy. This is" we just terminated, we closed the list. So, we said, we took the list, we closed it as of December 31 st Now, what we did was we CHR. TULANG: Opened. MR. BRILHANTE: —did a new recruitment, we opened—reopened the list, but just for a two- week period of time. So, we gave notice to everybody in the two newspapers, on the County website, everything—and we opened those positions for two weeks, which is the normal practice for a recruitment. So, we just followed the same procedures that we normally do. It was open we have about 300 names for each area that we were recruiting for. And the reason we have to amend the rules is `cause what we're going to do is, we're going to use a system where—what we do is, it's identified under the HRS as being a proper practice hire—is when you have a large number of applicant pool, and there's no real specific way to separate, to list, or rank the individuals you can use what is called a "lottery system" and that's what we're going to incorporate. We're going to take those list of 300 names, we're going to run—we're going to incorporate the lottery system, we're going to do a vetting just an internal electronic vetting of the applicants. Top 10 names will be pulled through a process which is traceable. So, before, the concern with a lottery system was that if you used, say, excel and you did a you filtered where you did a query (inaudible), so that when you selected names it wasn't traceable. You could keep an individual, per se, I'm not saying they did, but could actually keep hitting the filter button until the name they liked appeared on the screen. So, what we did was we instituted a process where that filtering that query—is now tracked. And it's tracked internally and then it's tracked two people have to be present—two of our employees have to be present at the time that query is performed. And then, they both verify that date and time—one query and we have that now—electronic footprint. CHR. TULANG: So, what's going to be the protocol for the Parks has one vacancy for park caretaker. How many names will be sent -5, 10? Page 13 Merit Appeals Board March 29, 2018 MR. BRILHANTE: So, it'll be 10 names will be sent to Parks and Rec. to for that—for each position. And that's what—that's the amendment we're making to the rules. CHR. TULANG: Okay. MR. BRILHANTE: So, we're specifically identifying that. As a department sends a Request to Fill—an RTF for a position, they'll be provided 10 names. So, we're going to run the lottery on the 10 names. We're also going to run a lottery for an additional 10 names—and this additional 10 names for that position is going to be in case the department—which they oftentimes do exhaust the list—that initial 10 -name list—there's a second list of 10 names that can be forwarded to them. And they can do their skillset evaluation and they can conduct their interviews. CHR. TULANG: So, when you say "exhaust" the names they have to have a reason? MR. BRILHANTE: When we're looking at these entry-level positions, oftentimes through the process, an individual may register, just "Aww, I just going register" but they may be from California registering `cause it's a nation-wide— CHR. TULANG: Sure. MR. BRILHANTE: electronic application system. So they mayor they may even be from Honolulu and they may just register as a applicant. So, oftentimes, what happens is their names will pop up, they're one of the 10, and then so the department will then forward a request to each of the individuals and say, "Okay, your name you were selected, you're qualified to fill this position. We're going to be having interviews next week Thursday, April 5h"—or whatever that date will be. And, oftentimes, because it's an entry-level position, an individual will decline the interview. And that happens quite a bit. Or they may say, "Oh, you know, that was before I got this great job" or "Now I'm working at the Hilton" CHR. TULANG: So, each one will have a notation as to why MR. BRILHANTE: Exactly. And that's the process that's our current process that we have in place. It's through NeoGov. Each of the HR reps., who are vetting, will work on conducting the recruitment, when they have to identify—one, the date that the notice was sent to the applicant; and two, the specific response that the applicant provided in response to that notice. So, either they accept, they reject, they found anew job—whatever the excuse is, that gets notated. So, that way it's all documented going forward. It's just a way to ensure that the process is being conducted fairlya better way to ensure that the process is being conducted fairly. So, what we have to do is we're amending our Rules, `cause our Rules reflect the old way where open -competitive which is done on, kind of, a piecemeal basis. So, we're tightening that up. So, in response to that—the Rule revision—first we sent the proposed revisions to Corp. Counsel Assistant Corp. Counsel Renee Schoen evaluated and we went through. We had—we went back and forth with some of her recommendations and we were able to get her okay on it. Page 14 Merit Appeals Board March 29, 2018 So, once we got that okay, we set the hearing date for the public hearing. So, the hearing dates, we're going to have one hearing. It's going to be held both in Hilo and Kona. It's on April 27h at 1 p.m. In Hilo, it'll be at the Hilo Council Room—and then if—for Kona participants, they can go to the Kona the West Hawaii Civic Center, the Council Office. And what we're going to do is we're going to video stream the two locations. Well, the Kona location into Hilo, so everybody—island-wide participation. Somebody wants to give input, they don't have to drive from West Hawaii—once they give input, they don't have to drive all the way into Hilo, it can be through Kona. So, that's going to be on April 27h and the Rules revisions are currently on the County website—we have the ramseyer format, which identifies that the portions that were removed have a line through them and the language that was added, the requirements added, have—are underscore with underline. So, we have that on the County website and we also have a version of what the final Rules would look like once all those revisions are incorporated into the document. We put a notice in the newspaper this past Wednesday, so the public was provided notice and the rest are on our website. So, that going forward, we're hoping that we'll be able to satisfy one of the specific requirements that willa recommendation from the audit. Any questions about that? MR. MASUDA: No, go ahead. MS. NAMAHOE: No, no, no, you first. MR. MASUDA: So, Bill, just out of curiosity. So, you said you're going to generate 10 names off the lottery and are you immediately generating another 10? Or you're waiting for the MR. BRILHANTE: No, no, no—we're going to run the pool for a second 10 at that time also. And it's per position. So, then— MR. MASUDA: So, you're not going to wait for them to exhaust the 10 and run it again? MR. BRILHANTE: No, we're not going to—we'll wait to forward those 10 names. But we just want to—what we want to do is just ensureso, that way, we don't have to always have the two people and go through that whole process with the selection, `cause that's, kind of—it's—to have the two people witness the filtering process and sitting there at the desk—what we wanted to do was just for just to make the process simpler and more effective. We decided that we'll do the first 10 names will be randomly generated, initially, and then they'll do a second query for the second 10 names, which will be the first 10 names will be removed from that— MR. hat MR. MASUDA: And that's just a computer query, right? Page 15 Merit Appeals Board March 29, 2018 MR. BRILHANTE: Correct. Yeah. MR. MASUDA: Sorry. MS. NAMAHOE: It'sI appreciate the response to this particular part of the audit and the look on my face is—what is your communication protocol? What are you planning to do going forward to officially address the audit? Are you doing it just by element at a time? Is there ever a time when you thinking of—we call back in the auditors? Is there is ado you have—what's your goal on that? MR. BRILHANTE: Great question in response to the audit. We've already been in communication with the auditors. I think a communication was forwarded to the MAB regarding our department's response to the audit. It was a initial response to the auditorsI think that was sent out about maybe 6 weeks ago. So, I can pull up that document and just resubmit it to the MAB. But my understanding was, is it was submitted to the MAB maybe about 2 meetings ago. MS. NAMAHOE: So, okay—and we also discussed that last month MR. BRILHANTE: Correct. MS. NAMAHOE: across the street. But do you have—after youI mean, at the time I think you had three-quarters of the audit already addressed and corrected. Are you thinking of doing a closeout—we did it, thank youI mean, what's your—have you thought about that, yet? Or MR. BRILHANTE: Yes, we have. And that was part of our the communication. So, we requested that the auditors come back and do a follow-up audit and an investigation of our department. The auditors sent a response back to us and they said they're currently involved in two other audits they have manpower issues. They anticipate they will be coming back to do a follow-up investigation and audit of our department. They appreciated the progress report, but they gave us a timeframe of about a year MS. NAMAHOE: Okay. MR. BRILHANTE: before they could actually get back to us MS. NAMAHOE: Okay. MR. BRILHANTE: —and conduct a follow-up audit. So, in that regards, we just told them we'll continue to keep them updated as we address each of their recommendations and keep them apprised of what's going on. And then, we're more than happy to accommodate them once they're ready to come back and perform the follow-up audit. Page 16 Merit Appeals Board MS. NAMAHOE: Wonderful. March 29, 2018 MR. BRILHANTE: And that's the steps that are taken right now. So, what I'll do is I'll make sure that we get that communicationagain, submitted to the MAB in regards to the audit response. I'll call it a "progress report," `cause there's still some issues lingering. Like I mentioned, I think the biggest hurdle right now is trying to get an entity identified as being, like, the "go to" person for the whistleblower. So much of what the audit said was, "Oh, people were still scared. They didn't know what to do. That's why they didn't report. They felt trapped." So as it comes to the whistleblower provisions, I've had numerous discussions with the State Ombudsman and, unfortunately, again, it's a logistics problem. They're in Honolulu, they don't have the resources available to send inspector or individuals up here when a report comes in. So, they've been very reluctant to take on that responsibility. The prosecutor's office, they're not— they—this ottheythis is something that they're not really wanting to get directly involved with. So, we're still, kind of, trying to identify an entity that would be able to serve as, kind of, like that safe harbor for the employees who feel that they've witnessed something, they want to report it to somebody, but there's that fear of retaliation. And I'm not saying the audit was very clear—it specifically, the audit specifically identified that that was transparent. That was taking place. But I—and I think we have a duty to ensure that our employees that they should never feel like they were trapped. I think the language that was used in the audit was that, to a certain extent, they felt like hostages. To have our employees have that feeling of—to have that communicatedI think that that's something that needs to be addressed. Quite honestly, the HRS specifically has a whistleblower provision. The only problem is, it doesn't identify any place where you can make your—file your complaint with. It just identifies the protections that an employee will receive once they submit a claim, but to whom (inaudible) now we're trying that's the, again, the component of that, that we're trying to make sure it gets in place. MS. NAMAHOE: So, without taking you too far off on that tangent and for those of us that are not government employeesI hear this and I think the bargaining employees the union-base— they actually have a pathway. It's the other two groups of employees that do not. Correct? And those would be the ones that wouldI'm assuming would need the whistleblowing cleaning house? MR. BRILHANTE: Yeah, I think a lot of the employees who felt—who communicated that they felt somewhat stuck or they felt trapped or they felt like they're, kind of, caught in the middle or exempt employees, mid-level managers or, to a certain extent, even some department heads even said"Well, they were told to do it." And I'm not sure a department head—in my mind as I'm evaluating this, I reallyI can't really come up with a scenario where a department head would submit a whistleblower claim, I think against what their boss who appointed them. So, that seems somewhat farfetched conceptually. Page 17 Merit Appeals Board March 29, 2018 But as to the mid-level managers who felt like they were trapped, I think that's who the whistleblower statute or even a low-level employee who felt retaliated. You're right, they do have the grievance process but something like this, as it relates to hiring practices, I'm pretty sure the argument would be made by Corp. Counsel that that's not an issue that specifically comes under the collective bargaining agreement. But for the individual who actually didn't get the promotion, I'm not sure a third party could file a grievance saying, "Oh, I witnessed that this promotion wasn't conducted properly" or I witnessed that such and such—his nephew or niece or something was provided this position. And the first question would be, "Well, how does that directly concern you? How were you specifically harmed" unless it was another applicant, it would be hard for me toI'm sure Corp. Counsel would raise the issue as to whether or not that individual had standing. So, they don't just going forwardso, it's just kind of like it'sso, and I think that's how it, kind of, came about. So, as to Workers' Comp, like I said, we brought in Allan and he's been working closely with Ryan Chong and they've—currently conducting evaluations of all our Workers' Comp contracts. As you know you may not know NAVRISK and PACBLU, they're engaged with the County through a contract and NAVRISK is a third -parry administrator of our Workers' Comp so they specifically handle the workers' comp claims for the Police Department and Parks and Rec. And so, we did that transition. Through that transition there's been areas where requests from the County's have been—from the County has been satisfied. But, unfortunately, almost a similar number of requests or concerns raised by the County have not been addressed to our satisfaction. So, they signed a one-year contract. The County has the option to renew the contract for an additional year. We are currently evaluating the contract to make a determination as to whether or not we want to offer the option for the next year. And, Allan is spearheading that with Ryan and they're currently going there's ongoing negotiations with the vendor as to how we can address the County's concerns. Within a very short period of time there'll be a determination made whether or not we're going to engage the current vendor with the option or we're going to re-bid—issue a new RFP to cover that area. CHR. TULANG: As a general rule, how many work comp cases are you able to settle in a year, or how many even get back to work or reasonable accommodation or MR. YOKOYAMA: It's a difficult number to nail down when we're actually going back to the basics and really looking at processes and written documented procedures, which was unfortunately, it was loose. So, we're tightening that up so that we can refer back to and be more fair and equitable, but also to look at where can we focus our energies. And that's where I think we're losing some direction and a lot of traction. So, we're really going back to the basics. I'd like to (inaudible) and I hope that Bill will agree but do the right thing. It has always worked well. If you do the right thing, everything will fall into place. So, end up going back to the Board Member Namahoe as far as her question—I'll just, kind of, touch base on that. Page 18 Merit Appeals Board March 29, 2018 On a high level highlights is that we want to make sure that we align work comp and safety activities. I'm going to go back and draw off of my private sector experience and get—break away these silos—work comp, safety—and the two twins will never meet. So, we were going to go back to that employee engagement as well as accountability with performance metrics and KPI's. So, we will go to that portion of it and we're developing that—those measures. And so, that we can also present to the Board and that's, kind of, going to lead up to what Bill's going to talk a little bit about—our pilot program with the Department of Environmental Management. We already started that process. They're totally engaged and bought in and embraced it. So, which is a great—from a safety person—it's the greatest way of heading towards that route at the highest level and we're having traction. So, we want to roll that out and then show the successes, show these wins—and then have everyone else be a little envious and want to jump on it. So, like Parks and Rec. or Public Works the high loss, historical losses is where we're going to address next. Not to disregard that the ones not having the injuries, but we want to make sure that we put our most energies and resources where it will make the most impactful statements. And, lastly, I'm also engaging with the other jurisdiction both the City and County and the State DHERD. And just to see—we're a small community. So we just say if I'm in line and what is it that they're doing that maybe we're not doing, or what I'm doing that maybe they would consider and partnering. We're all part of that group and we don't want to work on our own really—and that term "our own island" and work from that point. So, there's a lot of resources and we want to tap into that. MR. BRILHANTE: You see, when Allan starts talking about matrix and KPI's it sends a chill up my spine `cause that's my areas of weakness. He's a numbers man, so CHR. TULANG: So, Allan, you're re-establish the service committees—or the service committee is active? MR. YOKOYAMA: The Safety Committee—yes. MR. BRILHANTE: Yes, that's what we're doing. CHR. TULANG: Right. MR. BRILHANTE: Oh, I'm sorry. MR. YOKOYAMA: No, no MR. BRILHANTE: I don't know if you're aware, but just until maybe about 6/7 years ago State DHERD used to administer all the workers' comp claims statewide. And then, through the budget crunch, they made a determination that you know what—each county is now going to handle their own. And that was the inception of our Workers' Comp Division and that's what we've been, kind of, dealing with is being, kind of, a learning process. We're, kind of, engaging and having to do this on our own. Page 19 Merit Appeals Board March 29, 2018 Unfortunately, I think what happened and what I've, kind of, witnessed is that because workers' comp is so specialized and it's not a real—an area that a lot of people engage with on a daily basis through the management sector. The State was doing it before and then Charmaine came in and started doing it here. And Charmaine was, kind of, left on her own and there wasn't much interaction. It was, kind of, like, "You know what, you just do what you got to do and our HR side will be here and we'll do what we need to do." There wasn't much interaction between the two. And, I think that's wherein my opinion to a certain extent, the ball was somewhat dropped. And I think now the Workers' Comp Division has been, kind of, heading down this road somewhat independent of any supervision or any collaboration back with HR. So, that's what I'm attempting to do. I'm attempting to reel them back in, get them back in the fold, get them under—get them to buy into the collaborative process. They're half my budget. I mean, I don't I can't have funds when we're in this economic situation where 3% mandatory reduction in your department I cannot have any non -oversight over half my budget. MS. NAMAHOE: That's right. MR. BRILHANTE: I have to bring them in and I have toI think it's incumbent on me to make sure that we're effectuating the best allocation of our resources. And, now, our resources are becoming more and more limited MR. NAHUINA: Yes. MR. BRILHANTE: —and so, I have to bring that in. I have to make sure thateh, what they're doing, I know what they're doing. What they're doing, we—Allan knows what they're doing. And, if a contract is excessive, if we're spending a million dollars for an annual contract and we're not getting the best bang for our buck—maybe we can get another contract for $750,000 and get a better bang for our buck. And that's a realized savings of 250,000. That's the type of things that we're looking at as it relates to Workers' Comp moving forward. And, I think, part of it has been just the lack of oversight with the operation of the division and that's why when the Mayor asked me what areas you think the most attentionI immediately knew it was Workers' Comp and I immediately knew that Allan would be able to bring that— close hatclose that gap. MS. NAMAMOE: Well, Mr. Yokoyama, I really appreciate the points that you had just made. Not only the fact that it is half the budget, so it's going to require the hawk's eyeball on it no matter what. But, you're alwaysI mean, our County is so unique. Historically, blue collar falls off the roof more. White collar goes out on stress leave to be to run—what's the word what do you call that—I'm losing the (inaudible) of what I was trying to say. Page 20 Merit Appeals Board March 29, 2018 That's just the normal of what you see in risk -management. And, yet, our County ismy point is, our County is so unique because we put EMS under Fire. We have what—out of the top 10 most spookiest beaches—like, 6 of them on the list for neck injuries on this island. We have bigger melanoma issues on this island and, yet, we still have people that need to work in the sunshine—and County workers that need to work in the sunshine. So, what are you doing to protecting their eyeballs? Not just safety equipment, but UV stuff. Are we making sure that they have SPF from head to toe? All of those sorts of things are now coming under your domain because we lack the benefit of being able to say we're ignorant to—which 10 years ago we could claim that—and we can't claim that anymore because enough lawsuits have created the precedent. So, anyway, againradical, but mahalo you and I look forward to hearing from you about that. MR. BRILHANTE: You're absolutely correct. And that leads right into my next point for the Workers' Comp Division is—and Allan alluded to it—is the fact that we're initiating a pilot program—re-initiating a pilot program with DEM the formation of a safety committee. See, what happened was, in the past, the County had a lot of safety committees—and they would meet and they'd come up with all these recommendations. And then, oh, I can—in today's jargon—all those recommendations would go into the cloud and never be heard of again. And that—what happened was the employee said, "Why, we spend all our—we spend 2 hours once a week, once a month, or whatever—we come up with all these recommendation and then nothing ever happens. We just wasting our time, we spinning our wheels." That was the feedback we got from the employees the blue collar guys, the guys manning the transfer stations or cutting the grass at the parks or jack hammering post fencepost poles for Public Works. So, that was the things. We make recommendations, nothing happens. Why we going waste our time? And, Allan, what was that quote that we got from the guys about the MR. YOKOYAMA: Yeah. It was, "Don't try to make DEM the Department of Environmental Management—better. Just stop us from getting worse"—and that just it just stuck a knife in my heart. Because either half full/half empty type of scenario, but it just stated a lot. MR. BRILHANTE: And that was specifically as it related to the safety concerns. MS. NAMAHOE: "Don't make us better just stop us from getting worse." MR. YOKOYAMA: Correct. MS. NAMAHOE: So, in other words, if we know that if we were to look across NCCI and we realize that some of the most traditionally sickest codes are those that work in automotive. They don't necessarily find their way on the work comp book they find their way on the regular medical because it's cancer. You find the biggest carcinogens coming out of exhaust it just is. Page 21 Merit Appeals Board March 29, 2018 And so, when you start looking at automotive industries by the age of 50, they start dropping off and it's not because they're retiring early because they made all their money—it's because they now got cancer. They're fighting lung issues, blah, blah, blah—asbestos—whatever. But it won't find its way on your book, so don't try to make it better. But I appreciate not—about hearing about not making it worse because that's such a pragmatic and practical piece of advice. Don't let that knife go to your heart—take it all to your brain. MR. BRILHANTE: And from what we see, you raise up very good points—and what we see with the more formulated or the more cohesive type unions—whether it be fire or police—for example, Fire. You mentioned the car exhaust. That was an issuea health concern raised by fire. "Hey, every morning the firefighters, they come in, they start the engine, they're in the garage they breathe all that exhaust." And then, they said that these were health-related concerns associated with that. So, the fire union came in and they raised that issue because they're really cohesive type group. They're really responsive to their members. Just so happens, they met and before you know it, the County bought all these enclosed exhaust system or before you start an engine, you have to attach the tube with the vacuum to the exhaust pipe and all these issues. But—so we see that in Fire and we see that in Police. Unfortunately, with UPW because they run such a great gamut—there's a huge spectrum of workers—there's automotive guys, there's guys working—cutting grass—there's guys poisoning, there's guys jack hammering, there's guys running equipment down at the landfill on top of a 50 -foot mound of rubbish. There's so the level of concerns are so vast and so numerous that they cannot—it's hard for them to just pinpoint and say, "Okay, this is the problem, let's fix it" this is a problem, let's fix it. It's just too much on the table. So, with that engagement and the re-formulation of the safety committee, we're wanting to— departmental -wi de—we odepartmental-widewe take DEM, we separate them—solid waste and CHR. TULANG: The sewer. MR. BRILHANTE: the wastewater. We separated them out, we're creating a safety committee for solid waste. We're creating a safety committee for waste—the—we're moving to create a safety committee for wastewater. But, we want the safety committee to have real teeth. So, we're meeting with them, we're setting down procedures, we're setting down parameters, and we're setting down requirements that if issues are raised this is the process that's going to take place to ensure response. It might not be the response—specific response you're looking for, but it's a response, nonetheless, that will address the problem. And it might not—the recommendation or the fix might not be the end all/be all—but, at least, it's a process of—at least the employee can look and say, "Oh, yeah, they did do that." And let's see how this works—and if it doesn't work, there's an evaluation. We'll go back and we'll look at this again. Page 22 Merit Appeals Board March 29, 2018 And as long as you have that—as long as we're able to instill that confidence in the employee that it's not just wasting their time that's what we're trying to effectuate. And what we're doing is, we're starting with DEM waste—solid waste. We're going to move we're having a meeting with Diane, the Deputy Director. We're looking to—our next step is to incorporate that same type of program with Wastewater and then go to the next department, the next department. And, at some point in time, our goals is to make sure that there's a County- wide program, it's uniform throughout the County and, again, it gives the employees the confidence thateh, we're addressing their concerns, they have a voice, and they're valued. Because, quite honestly, that's what employees want to have. I mean, pay—yeah—pay is primary. But second to pay is they want know if they're valued. They're valued their services are a value to the employer. And, oftentimes, just the small things goes a long way. And that's what we're identifying as it relates to safety, is identifying so that we can make traction. And, like I said, the basic premise that we're working under is an ounce of prevention is worth a pound of cure. There's empirical evidence, upon evidence, upon evidence that a good safety program reduces your workers' comp claims significantly. MR.NAHUINA: Sure. MR. BRILHANTE: And that's something that we don't even have to argue. I think there's enough on the books to show that. And that's what we're attempting to make sure that comes into play. Okay. So, again—and then, the second thing on workers' comp is we continue to evaluate the contracts. Okay. Generally, we're—again, still in the process. On several occasions, I've had meetings with the current Administration. They've raised concerns or their desire, and I also met with a couple other department heads. They want the County to reinstitute the supervisor's training program. We had one several years ago, maybe, about a decade ago where when a supervisor was newly appointed, they were required to go through a series of classes—make sure the proper timesheets are being followed, to make sure that they have an understanding of a proper conducting a proper investigation, and all those type of new issues were identified. Unfortunately, that program hasn't been in play for over a decade. So, what we're doing is Waylen Leopoldino, prior to his departure, got a lot of traction. He had a lot of momentum. He was talking and meeting with HCC, and they were really excited of a partnership to re-establish that program. Unfortunately, Waylen left that—and we haven't filled that position, yet. Some of it was because the transition—we didn't want to offer somebody a position and they didn't even know who the director was—would be. Page 23 Merit Appeals Board March 29, 2018 So, with that being in place, I just requested that we set interview schedule for our—we have an applicant pools eligible applicants for that position. CHR. TULANG: This for a trainer or this is for MR. BRILHANTE: This is professional development— CHR. evelopment CHR. TULANG: Professional development. MR. BRILHANTE: which would incorporate the training. So, we're going to bring that person in, but in the interim period of time, we've attempted to touch base with HCC, Ms. Yamamoto and, unfortunately, she hasn't returned my call. I don't know if she's out because of spring break—well, we started last week and we'veI made another call this week. But we're attempting CHR. TULANG: Just a quick question—did you attempt to touch base with the Chancellor (inaudible)? MR. BRILHANTE: Actually, Gabe—Gabriella Cabanas—about three weeks ago went to a meeting with HCC with the—with a lot of the administration, specifically, to address this request form the County. But—well, it was more specific to the County's internship program that we have with HCC and the their vocational development program we have with—we bring the students in and they work through various County jobs through their major. But it morphed into aI specifically requested that Gabe address this issue and that's how it came from there. So, to answer your question I'm not sure if the chancellor has been directly contacted, but we have been going through the professional development. CHR. TULANG: I just say that from your hat to her hat. I mean MR. BRILHANTE: That might be a great— CHR. reat CHR. TULANG: the chiefs will work MR. BRILHANTE: Yeah. CHR. TULANG: —all the details out, but it might be good for your position to talk to her. MR. BRILHANTE: Yeah. I'll, definitely, reach out to her to do that. That's a great suggestion. So, again, we'd like the date -specific for—we had for that was to have a program in place and to have actual bodies in seats January of next year. And so, that would give us about 8 to 9 months now to make sure that we have a curriculum, we have an applicant pool, and there's we have the venues and everything set up for—we can start the first class in January of 2019. Page 24 Merit Appeals Board March 29, 2018 And then, finally, our office was requested—we were contacted by the Mayor's officeI guess there were two incidents at the mayor's office involvingI wouldn't say a belligerent, but a MR. MASUDA: Disruptive. MR. BRILHANTE: Disruptive member of the public and which caused them some angst and some significant anxiety and stress and trauma to the ladies that work the front reception area of the mayor's office. So, the MD contacted our office to provide—we have a program, it's called "Active Shooter"—so we're—and thisa lot of this stem from that's just the name or that's what the Homeland Security calls it. So, a lot of this stems fromit'severyowhat's on everybody's tongue is that Florida—on everybody's mind is that Florida incident and these school shootings—and people are human. They oftentimes they see what's on the news and they say, "Well, what about me?" And when we had theI guess, they had those two recent incidents, the employees raised concern. So, there's a specific training program, and Craig knows personal, first-hand knowledge about this program. It's through Homeland Security. And they provide a video and we work with the SRT—Special Tactical Response Team from HPD. And it's like a 40 -minute training and they come in and they provide training to the employees of—to what to do and how to properly address a situation where there's an eminent threat of harm to their safety. And that's—and, quite honestly, that's all the mayor's office wants is they're not saying that they've had people come in raised to that level, but they just want the confidence that if it were to happen, the employees would know what to do. MR. NAHUINA: Yes. MR. BRILHANTE: And so, that's all they're asking us to provide is just the training. So CHR. TULANG: They probablyespecially, for the all the front desks where you have— MR. BRILHANTE: And that's something we're going to do. Because the request was so specific from the mayor's office, the first training is going to be, specifically, for the mayor's office. And then what—the next step what we're looking to do is do a County -wide training for the Cabinet level—for the directors and deputies, and agency heads. And then, we're going to go back and do a—we're looking to do a County -wide training. Unfortunately, through my communications with HPD their SRT team is really, really shorthanded right now. And their they don't have much time. I was able to get 1 -hour of their time first week of May to train to do the training at the mayor's office. I'm not sure how much more time I can get from them. But, what's going to be good is we're working in conjunction with them. We have the video from Homeland Security. We're that's part of the training process and then we're going to get a lot of the information and then a lot of the scenario and Page 25 Merit Appeals Board March 29, 2018 hands-on training is going to come from us—and we'll do that. So, hopefully, we can just go forward with them. MR. NAHUINA: You might want to—when you contact the police, the SRO's are located in schools. During the summer months they aren't at school-based any more, and they would have that specific training and that their job is to provide some of that training to staff and students. And so, I know that they go back to the precinct and then they, kind of, dole them out and into the regular beat. But it's an opportunity where you might be able to get someone who is trained in that to do the training during the summer months. And there are, I believe, something like 15 SRO's—maybe not that many—maybe about 10 SRO's. MS. NAMAHOE: What is "SROT' CHR. TULANG: The school police. MR. MASUDA: The School Resource Officers. MS. NAMAHOE: It's not EAP anymore, yeah? It's all active shooter stuff. It's now escalated. MR. MASUDA: And that's the thing I wanted tosorryI wanted to bring it up. The incident at the mayor's office did not rise to the active shooter (inaudible). MR. BRILHANTE: No, it wasn't like that. MR. MASUDA: It was, unfortunately, Bill knows from working at Corporation Counsel the people who come in through our door, we just take them and accept them as they are. And, often, they have mental health issues. This person was not getting violent, but was just getting very loud to a point where it was uncomfortable for the staff—that's how come—Bill and I've talked about this before, too, is that we should have a training. Like, active shooter is the extreme. It was always training on how to identify and how to deal with people on drugs, people with mental health issues, and how do you deal with them when they're at the counter. So, something more intermediate, something more well—working in this County, like, for Real Property Tax, which I represent. It's an everyday issue. CHR. TULANG: People yelling. MR. MASUDA: People yelling and saying, "I'm going to kick your ass"I'm going to do this, I'm going to do that and you know. So, that—when it comes to that—threats or physical harm— we just tell them, "Eh, call police already." Page 26 Merit Appeals Board March 29, 2018 MR. CHILLINGWORTH: Right. MR. MASUDA: Don't even wait. Call the police. MR. NAHUINA: Yes. MR. MASUDA: But a lot of them are hesitant because they know they're frustrated and they really no mean it and it's about—that's where you take a gamble. MR. TAM: Yeah. MR. CHILLINGWORTH: You don't want to take a gamble. MR. MASUDA: Yeah. But it's a thing that County employees face a lot. MR. BRILHANTE: And, Julie and Craig, you guys raise a great point isCounty of Hawaii in comparison to the City and County of Honolulu—our counters are accessible. I mean, anybody from the public can walk in and they come right in and they're face-to-face with our people. I recently went to a meeting in Honolulu at their Disability—County Accessible and Disability Division for the City and County of Honolulu, and they're in a separate office. And I had toI walked into the building and there was behind this secure glass and there was a security officer sitting right there, and they required I give them my license. I had to, specifically, state who I was meeting with and where I was going. They called that person, they confirmed the meeting, and then they gave me a badge. Unfortunately, I took the badge and I put it in my pocket as opposed to pinning it on. So, then, they let me in and then—before going into the conference room, I decided I needed to detour. I just got off the plane so I went to the restroom. So, I went to the restroom. And as I was walking out of the restroom, there was a second security guard roaming the halls and then he was, like, "What are you doing here?" He confronted me and I said, "Oh, I'm sorry" and I took out the badge out of my pocket and I put it on. And he said, "Oh, you're okay." But that's just their disability division. And that seems to be—for Honolulu, that's protocol because of these type of situations. We don't have that here. Corporation Counsel has a foyer with a safety area now—but that's one of the few. Maybe Finance, they have the windowsI'm not sure what the ratings of those glass windows are. I'm not sure if they're safety-related or safety they meet the safety requirements. But, outside of that—Police maybe, the secure doors. I mean, every other department is just—you walk in whenever you want and you walk right into CHR. TULANG: And all you have is a counter. MR. BRILHANTE: You have a coua waist -high counter. And so, I mean, it's a problem. The—we are mandated to ensure that our employees are comfortable. We effectuate—we're Page 27 Merit Appeals Board March 29, 2018 able to ensure that they're safe and if we know or have reason to know that there is a situation where they may not be the employer has to take the appropriate corrective action. MR. CHILLINGWORTH: Sure. MR. BRILHANTE: And I think, right now, like Craig was mentioning the active shooter training program is worst case scenario. But from a training standpoint we always start with the worst case scenario, then we can scale back. And that's why we're going to do the hands-on drills where it's just(inaudible) somebody would have gone these are the other steps that you can take to diffuse the situation or just to ensure your safety. CHR. TULANG: Just a quick question MS. NAMAHOE: We, ourselves, aren't exempt from that either. CHR. TULANG: Are there cameras at the more public desk? MR. BRILHANTE: Inwithin this building, video cameras have been instal led—security cameras. And it, specifically, points to the front counter area. But cameras are an after -the -fact type of thing. Unfortunately, they're not current they're not monitored 24/7. CHR. TULANG: That was my follow-up question MR. BRILHANTE: Yeah. CHR. TULANG: is it monitored. MR. BRILHANTE: No. But, if an incident were to occur, then we can go back. We have, I think, it's a 72 -hour loop where we can go back and look back as to what took place. So, maybe we could identify what took place, what transpired—but it, unfortunately, it doesn't provide you anything to help at the time the incident is taking place. CHR. TULANG: Situation. MR. BRILHANTE: (inaudible) situation and so but unless you're trained, unless you do drills those are just buttons, `cause when it comes to the actual event taking place, people some people are going to freeze. I mean, it's human nature. Some people freeze and, unfortunately, that's what happened. Both individuals at the time—both of these situations the individuals froze. And, oftentimes, part of freezing is because you just don't have enough of that training. MR. NAHUINA: Yes. MR. BRILHANTE: So, that it's like rope memory. So, that's what we're going to be addressing with them. And that's the end of my report. Page 28 Merit Appeals Board March 29, 2018 CHR. TULANG: So—okay. Just having been to the mayor's office and looking at their set-up, it would be hard to react really quick. MR. BRILHANTE: Fortunately, for the mayor's office, although everything comes through the front, they do have two rear exists on each side of the office that goes out to the back lanai area. So, if there was a situation, I'm not sure how the two girls in front would be able to get away, so to speak? But everybody else would be able to evacuate and go into a safe area. MS. NAMAHOE: What would we face if somebody came here and was challenging theirI mean, we could be in a MAB hearing, and somebody decides that he's pissed off that we opted to not rule in his favor. MR. BRILHANTE: Exactly. So yeah. Go ahead. MR. MASUDA: No, when we go to statewide conferences for real property tax, the Honolulu people always says, "You guys in Hilo are nuts" because we deliberate for the Tax Review Board in front of the complainant, in front of the appellant, we give them a verbal ruling right then and there—and there's no security. What Honolulu does is they hear everybody, then at the end of the day they close the hearings, kick everybody out, and then the board goes and rules makes their decision and sends out their thing by letter. MR. CHILLINGWORTH: That's the way to do it. MR. MASUDA: Yes and no CHR. TULANG: But that's not sunshine MR. MASUDA: because Honolulu has a real "us"/"them" mentality. MR. CHILLINGWORTH: Oh. MR. MASUDA: So, the Tax Review Board—and I've been doing them for 15 years—it's not an ecus"/"them"—it's a``We're one community" MR. NAHUINA: Yes. MR. MASUDA: versus a real "us"/"them" kind of attitude toward the taxpayer. But, yes, we had incidents where one person was getting, kind of, loud or starting to stand up andoh, the security there was mean—sort of—but good thing it was an attorney. MR. CHILLINGWORTH: Well, that's—was the same thing in Family Court, especially. When there was a decision that we made that couldn't have exacerbated already emotional courtroom circumstances and the best procedure was, "Okay, I'm going to look at this. I have a couple of Page 29 Merit Appeals Board March 29, 2018 things that I need to review, and I'll write a decision and notify you"—and they're out of there. And so, it doesn't test the courtroom security, it doesn't test the participants and their MS. NAMAHOE: That's the heat leave first. MR. CHILLINGWORTH: The heat leave yeah. MR. MASUDA: Smart. BRILHANTE: Yeah, so it's an ever increasing, again, with the publicity—it's coming. It's more and more prevalent. It's out there. People are more concerned about their safety because this is happening in a school. It's so easy, it can happen in a much less structured environment, like, just walking into the mayor's office. MR. CHILLINGWORTH: Sure. MR. BRILHANTE: So, those are the concerns being raised and we're going to try to address them through this process of training the mayor's office, training the providing the training at the cabinet meeting, and then opening it up to County -wide training from there. MS. NAMAHOE: Domestic still leads, but workplace violence is number 2. So MR. BRILHANTE: And this is what so funny when I discussed the issue with HPD the CERT team—lieutenant. He goes, "You know, the last thing you want to do is train the employee who going come shoot everybody." So, I said (inaudible) disgruntled employee—so he tells me you always have to be careful about that I said, "Yeah, I guess so" that wasn't really something I was thinking about at the time. It's always the crazy person from the public coming in but, there's— CHR. TULANG: In more times than not, it's been the internal person. MR. BRILHANTE: Exactly. Especially if you work for the MR. CHILLINGWORTH: I talked to the police about getting a gun for me to carry. He says, "You got a gun, you're going to shoot somebody." MR. NAHUINA: In the future— MR. BRILHANTE: Sure. MR. NAHUINA: —and I know you may not be prepared the Blue Zone Project—if you might address that. I know that the County's still continuing with that—correct? MR. BRILHANTE: My understanding is the Planning Department has assumed that—the leadership role for the Blue Zones and so they've been incorporating some of the those practices. Page 30 Merit Appeals Board March 29, 2018 And, you're right, that's something that HR hasn't really specifically picked up to be a lead in. But, I think it would come under— CHR. TULANG: It should. MR. NAHUINA: It should, we were talking about prevention and safety and—maybe in the future you might talk about I know the Blue Zones Project is, kind of, focused on community. MR. BRILHANTE: Right. MR. NAHUINA: But, certainly, it can be towards our employees and in-house, maybe—first almost, thinking about that idea of valuing MR. BRILHANTE: Yeah. MR. NAHUINA: —our employees. So MR. BRILHANTE: And, quite honestly, I see it every day because Planning Department, I see them walking around the building. Now, Prosecutor's, their employees are walking around the building MR. NAHUINA: Awesome. MR. BRILHANTE: —doing their 20 -minute walks two/three times a day. So, I know some of the components are being incorporated. But, you're right, if we could get a County -wide type of plan in place where it's—every department is afforded that same type of opportunity to help the health benefits for the employees to make sure that that is part of the process. And, again, it goes back to our point that that's something that—low hanging fruit, very inexpensive MR. NAHUINA: Yes. MR. BRILHANTE: very economical but, yet, it gives our employees the sense that they're valued. MALE: That's right. MR. NAHUINA: Absolutely. MR. BRILHANTE: So, that's a great program. MS. NAMAHOE: Look at how many computers stations you have and get a graph—and be able to make sure that all of those stations can become standing stations. So that when the employee chooses to get out of the chair, they can stand up. I do that. I have a wobble board under me— so I'm, like, doing this. Page 31 Merit Appeals Board MR. BRILHANTE: Oh, nice. March 29, 2018 MS. NAMAHOE: Yeah. Yeah. Good fun. Stops me from swearing—we all have goals for that. MR. NAHUINA: Thank you. MR. BRILHANTE: No thanks, it's a great suggestion. Anything else? That concludes my report. Thank you very much. CHR. TULANG: Thank you. You're on your way. Any other last comments before we adjourn? MS. NAMAHOE: Thank you for your leadership, Madam Chair. CHR. TULANG: You are most welcome. This has been a pleasure to be on iton the Board. I was an employee for almost 30 years. And so, I've participated in the safety committee at one point in my career. Anyway MR. BRILHANTE: Not to be (inaudible), I think before we adjourn we have the issue with setting the next meeting and—'cause part of what— CHR. hat CHR. TULANG: Do we have any MR. BRILHANTE: you have to consider is evaluation of the director. So, I know that's coming up so—Glynis brought that to my attention. So, I don't know if that's an item you want to address next before we adjourn? CHR. TULANG: We—had a standing MS. YAMADA: Yeah. We have a hearing—Levi Makaio, on May 9, Wednesday—in May. So, I'm not sure if you'd like to take up the HR director process on May 9hthat's where Bill will present his goals and the timelines CHR. TULANG: There's only one hearing, though? MS. YAMADA: Yeah. MS. NAMAHOE: So, for me, I'm not there on May 9. MR. NAHUINA: Yeah, May 9 (inaudible). CHR. TULANG: Incorporate into the May 9. MR. TAM: Will we have quorum on May 9, if you're not here? Page 32 Merit Appeals Board CHR. TULANG: Yeah— MS. NAMAHOE: At least three, yeah? MR. TAM: Oh, okay. Yeah. MR. BRILHANTE: There'll be only three of you—'cause Julie this is MR. TAM: Yeah. March 29, 2018 MS. NAMAHOE: Yeah, May 9 isI knew already. May is my biggest open enrollment period of time. So, my month of May is pretty gobbled and June as well. MS. YAMADA: So, I'm not sure if you want to schedule another meeting in April just to discuss the HR eval. process, or just keep it on May 9 along with the hearing. MR. NAHUINA: I'm okay on keeping it on May 9. MR. CHILLINGWORTH: Me, too. And, in the meantime, I suppose we need to talk to the mayor about— CHR. bout CHR. TULANG: Appointing some— MR. CHILLINGWORTH: appointing to the Board. MR. BRILHANTE: Yeah, we sent a notice, right, to the mayor's office. MS. YAMADA: No, we haven't. MR. BRILHANTE: Okay, we should send a notice to the mayor office, `cause Julie is termed out and we need another member from your district. MR. NAHUINA: But when we're full—is that six? MS. YAMADA: Five. MR. NAHUINA: It is 5. CHR. TULANG: You have to have an odd number. MR. NAHUINA: That makes sense. MR. NAHUINA: By district? Page 33 Merit Appeals Board MS. YAMADA: Not by district— MR. istrict MR. MASUDA: Yeah, it's not by district. MS. NAMAHOE: Yeah, `cause otherwise only the two Hilo, one north, two west. MALE: We're going to move on getting them over to the west side. No CHR. TULANG: We go two "west." MS. NAMAHOE: Three—well, one north. MR. BRILHANTE: It's 3 West Hawaii—one, north/south Kona. MS. YAMADA: So, the May 9 meeting MR. NAHUINA: May 9. MS. YAMADA: is scheduled at 9:00. MR. NAHUINA: Yes. CHR. TULANG: Yeah. So, you could take up the goals at that time. March 29, 2018 MR. BRILHANTE: And just for consideration in preparation of that May 9 meeting—one of the things that MAB is going to have to come up with is you're going to have to almost create a evaluation process and procedures and criteria that you would like to have in place, moving forward, so that you can conduct your the annual evaluation. And CHR. TULANG: So, what's been happening in the past, as I recall, is a very basic one is sent out to all department heads via MR. NAHUINA: Monkey— MS. YAMADA: SurveyMonkey. MR. NAHUINA: SurveyMonkey. Yes, I remember that. CHR. TULANG: But I think it could be more structured as to what we're trying to measure. If we go through the goals and then it could be established in that. MR. MASUDA: When do you plan on having the actual evaluation period window? MS. YAMADA: Normally, the evaluations are sent out to the departments, the second to the last week in May or about the ending of May. And then, we give them about, not more than 2 weeks Page 34 Merit Appeals Board March 29, 2018 to respond. And then, after the responses come in, then we schedule another MAB meeting to discuss the—whether he meets or does not meet. CHR. TULANG: I have a question. Is it it just traditionally May no matter what time the director MS. YAMADA: Normally, it's through the history, the questionnaire goes out in May. I'm not sure about the time—if anything is stated in the MAB Rules or anything. MR. MASUDA: So, J can help you with the formatting, if you guys want to do a matrix. CHR. TULANG: Okay. MR. MASUDA: (Inaudible), kind of, follow the Fire matrix. CHR. TULANG: So, it's—he'll check the MAB Rules, if it MR. MASUDA: He'll check the MAB Rules. CHR. TULANG: Because it seems like it I mean, all other evaluations go by anniversary date. MR. MASUDA: Yeah. But, they'll check the MAB Rules and then you guys can on May 9, discuss probably have a proposed matrix on—for this area, so many points, for this area, so many points. If that's what you folks want to do. MR. BRILHANTE: Under the MAB Rules, the language, I think is the MAB shall conduct an annual evaluation of the HR director, his performance. CHR. TULANG: So, it doesn't give a date? MR. MASUDA: It's not anniversary. MR. BRILHANTE: No. MR. NAHUINA: `Cause I know Sharon had that problem where she had only been here for only a few weeks—few months. CHR. TULANG: Does it—it doesn't I mean, it seems to me like everyone else—all civil servants are evaluated on their anniversary date. MR. MASUDA: They try to. CHR. TULANG: The goal is MR. MASUDA: The goal is that's correct, the goal is. Page 35 Merit Appeals Board March 29, 2018 MR. NAHUINA: Yeah, we should look into that. That would make much more sense— CHR. TULANG: Yeah. MR. NAHUINA: to look at the anniversary date. And that, too, would give you the opportunity to hone your skills in this position and then also what are you looking to achieve. And then, after a year, where are we there. MR. TAM: What's your goals. MR. NAHUINA: Yeah. MR. BRILHANTE: That's something I can provide at the May 9 meeting is I'll set specific, maybe 3 or 4 goals—short-term, long-term. MR. NAHUINA: Yes. MR. BRILHANTE: As to what I'd like to have accomplished within that period. That's fine. I mean, I think that's fair. MS. NAMAHOE: Mahalo to you, Mr. Brilhante. You have hit the ground running. MR. BRILHANTE: Oh, noI MS. NAMAHOE: Awesome. MR. BRILHANTE: I say this and I'll restate this and I say this every time is you know what, I have an incredible staff. And you know what? Quite honestly, without their support, without their buy -in, without all the hard work they do there's no way I can get any of this done. I really appreciate them and—Glynis is just an example of the level of proficiency and professionalism we have—and it's across-the-board. All my division heads are great. I mean, you guys interacted with Gabriella. I mean, she was phenomenal—and she iscontinues to be that way. We have good people here and I'm just—the hood ornament. MS. NAMAHOE: Well, you lucky Glynis didn't (inaudible). Very grateful—very, very grateful. MR. BRILHANTE: Thank you. Thank you. CHR. TULANG: Okay. So, I'll entertain a motion to adjourn. MR. NAHUINA: I move that we adjourn. MR. CHILLINGWORTH: Second. Page 36 Merit Appeals Board March 29, 2018 CHR. TULANG: All those in favor? AYES: Members Chillingworth, Namahoe, Nahuina, Tam, and Chair Tulang—5 NOES: None. ABSENT: None. EXCUSED: None. CHR. TULANG: Thank you very much for the opportunity. 11:32 a.m. Schedule Next Meeting Date (Item 8) Chair Tulang announced that their next regularly scheduled meeting would be held on Wednesday, May 9, at 9:00 a.m. at the Department of Human Resources Conference Room, 101 Pauahi Street, Suite 2, Hilo. Adjournment (Item 9) There being no other business, the Chair declared the meeting adjourned at 11:32 a.m. Respectfully submitted, // Ya) Glynis Yamada, Secretary-Reporter APPROVED: Julie M. Tulang, Chair Merit Appeals Board Page 37