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HomeMy WebLinkAbout2018-05-09 Merit Appeals Board MinutesMerit Appeals Board Department of Human Resources 101 Pauahi Street, Suite 102 Hilo, Hawaii May 9, 2018 (Wednesday) 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 David K. S. Nahuina, at the Department of Human Resources (HR) Conference Room, 101 Pauahi Street, Suite 2, Hilo, Hawaii, on Wednesday, May 9, 2018. Roll Call — Present Mr. David K. S. Nahuina, Chair Mr. William Chillingworth, Vice -Chair Mr. Mitch Tam, Member Absent & Excused Ms. Luahiwa Namahoe, Member Also Present Mr. J Yoshimoto, 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. Gabriella Cabanas, HR Manager II, HR Department Ms. Leslie Shimabukuro, HR Specialist I, HR Department Mr. John Mukai, Deputy Corporation Counsel, Ofc. of the Corp. Counsel Mr. James Levi Makaio, Appellant Mr. Richard Thomason, Deputy Attorney General, State Attorney General's Office Ms. Glynis Yamada, Secretary -Reporter, HR Department Merit Appeals Board Addendum to the Agenda (Item 2) There was none. Statements from the Public (Item 3) There were none. Approval of Minutes (Item 4) There were none. Communication(s) (Item 5) There were none. May 9, 2018 New Business (for discussion and appropriate action) (Item 6) Annual Performance Evaluation Process for the Director of Human Resources for Fiscal Year 2017-2018. CHR. NAHUINA: So, we'll get to "New Business" first—and that will be the "Annual Performance Evaluation." This is all you. I'm sorry, Bill, I know you're ready to go and you're all excited MR. BRILHANTE: No, no, no. CHR. NAHUINA: I was wondering if it'd be all right with you to take it out of order—do the "Unfinished Business"—since we have Mr. Makaio here. MR. BRILHANTE: Yes. I appreciate that. Thank you very, Chair. CHR. NAHUINA: Thank you very much for your understanding. Mr. Makaio, will that be okay with you? MR. MAKAIO: Sure. Unfinished Business (for discussion and appropriate action) (Item 7) Hearing – 9:00 a.m. Communication No. 17-09, received on December 1, 2017, appealing a recruitment and examination action (minimum qualification requirement process) by the Department of Human Resources; and Communication No. 17-09.01, received on January 31, 2018, from County requesting a continuance of the hearing currently scheduled for March 21, 2018. (Note: At its meeting held on January 10, 2018, the Merit Appeals Board granted the County's request for a continuance with no objection from the Appellant.); and (Note: The aforementioned Communications was listed on the Merit Appeals Board agenda dated January 10, 2018.) Page 2 Merit Appeals Board May 9, 2018 Communication No. 17-09.02, received on April 23, 2018, regarding County's (Appellee's) Witness List; Certificate of Service; and Communication No. 17-09.03, received on April 23, 2018, regarding County's (Appellee's) Exhibit List; Exhibits "1" – "13"; Certificate of Service. CHR. NAHUINA: All right. Excellent. Mr. Makaio, I'd like to ask if you would like to have this as an open meeting or closed MR. MAKAIO: Oh, that's fine. CHR. NAHUINA: Open is fine? MR. MAKAIO: Yeah. CHR. NAHUINA: I'd like to introduce—ask the Board Members to introduce themselves, please? MR. CHILLINGWORTH: I'm Bill Chillingworth and I am now the Vice -Chairman. MR. TAM: I'm Mitch Tam. CHR. NAHUINA: I'm David Nahuina, I'm the Chair. And counsel's here—if I can them to introduce themselves, please? MR. THOMASON: Sure. I'm Richard Thomason, I'm sitting in for Jim Halvorson today. CHR. NAHUINA: This hearing is on the appeal filed by James Levi Makaio. The issue in this case has been identified as—did the Employer, the Department of Human Resources of the County of Hawaii—violate any statutes, regulations, rules, or personnel policies when they disqualified the Appellant's application for the Mass Transit Administrator open -competitive recruitment because of the Appellant's failure to meet the minimum requirements—lacking required education, and experience, and driver's license? MR. MUKAL Mr. Chair. CHR. NAHUINA: Yes. MR. MUKAL For the record, John Mukai, Deputy Corporation Counsel, on behalf of the Department of Human Resources. I, also, I have two witnesses here—Ms. Gabriella Cabanas and Ms. Leslie Shimabukuro. I was wondering whether or not Mr. Makaio or the Board would be adverse to having both witnesses here—or whether the witness exclusion will be evoked? Page 3 Merit Appeals Board May 9, 2018 MR.MAKAIO: It's fine with me for them to be here because it's really not about the job that I'm here for. I'll explain as soon as you let me get up to the mic. CHR. NAHUINA: Thank you. MR. MAKAIO: Okay. CHR. NAHUINA: Are we okay with that? Fine—thank you—so that will be fine. Thank you. If the answer to the above is "yes" then what remedy can be awarded by the Merit Appeals Board. Are there any questions or disputes concerning the Board's jurisdiction over this matter? MR. MUKAL Not at this time, but based on Mr. Makaio's recent statement—possibly. CHR. NAHUINA: Do the parties have any statements or concerns with regard to the issue in this case? No? Well, we'll continue then. The strict rules of evidence will not apply in this hearing, however, the Board requests that all parties confine themselves to the matters connected with today's hearing that the issue before the Board—if witnesses are used, the opposite parties will be allowed to cross-examine the witness. Members of the Board may also question the witness after the witness's testimony. Are there any questions? If not, we're going to proceed. All right. I'd like to allow the Appellant to make an opening statement. MS. YAMADA: Mr. Makaio you come forward, please? MR. MAKAIO: Okay. CHR. NAHUINA: This will be an opening statement. MR. MAKAIO: So, you want an opening statement from me? CHR. NAHUINA: Yes, please. And we would swear him in after the opening statement or now? MR. THOMASON: After. CHR. NAHUINA: Okay. I'm sorry. MR. MAKAIO: Again, my name is James Levi Makaio—and I'd like to thank the Board for hearing and allowing me to appear before you to explain my situation. Now, I did not understand fully the process of going through the process of getting the job. My main concern was that there was no one for the job that was stepping up. And that's the reason Page 4 Merit Appeals Board May 9, 2018 why I stepped up because I am part of the program because I do use the taxi share ride program and, of course, the Hele-On. And, I was one of the first drivers for the Hele-On busses back in the 1970s under Jackie Matsuo. So I know the whole scam about this situation, especially in tourism when I was managing companies. I managed five companies—MacKenzie Big Island Tours, Hawaiian Scenic Tours, Cactus Jack Rent -a -Car, and Hawaiian Scenic School Bus. And I also managed the Kona Airport Taxi Company under three different owners. Now, the problem with me is that when I came out of the service in 1960-1970-1 attended the community college for economics and business. Now, it was boring. I didn't even last a semester. I dropped out. The reason for that is everything they were teaching me was already taught to me by my parents in our family business—Abraham Makaio Enterprises. We were into farming, luau catering—and my mother was an entertainer with her side job. She entertained with Mary Keahilihau and (inaudible) Spalding. And when the sisters left, she continued to entertain with Aunty Edith Kanakaole. So, I learned everything from my parents nothing to do with schooling. And I started in the business at the age of 8 years -old. And in 1960 when the tsunami came—we only lasted for about one year because no one's buying fruits, prices dropped, macadamia nuts went down—so we gave up the farming—we gave up the business. Plus, my parents were getting older. So, what I'm asking the Board to do is not for the job because to tell you the truth, I don't want it. It's too much of a headache, especially when people don't know what they're doing. Now, I would like, though, to have my application redone again. Because the five years that I was managing the companies they didn't teach me nothing else while I made money for them. So, I want to re -apply, put my—do my—re-apply and show them where my education came from. I have pictures of my sister folks and when my mother entertaining. I can show you pictures of my father and mother, who was in the group that built the Hawaiian Village. Now, this is the reason why Hawaiian Village was built. In the forties the Mormon church—and my parents were part of the Mormon church the Mormon church in Laie this is where the Samoans started the paina where they would get the tourist on the side—do a beach party with them. So, then when my parents picked that up by going to Laie to the temple that's when they started to bring back the dances for—from Maori from Tahiti and what have you. And this is when they came up with the idea—with Doc Hill to build a Hawaiian Village just to go after the tourist from Lurline and Matsonia. Now, the problem with this is that when we started the luau back then we did it at night. Rain so that's the reason why we changed it around. Why? They doing here they're here during the day as well—not all of them going on tours. So, what we did—we started the luau during lunch time from 10 to 2. This is your time bracket for tourism in Hilo that's when usually it opens up—and then, rain will come afterwards. Page 5 Merit Appeals Board May 9, 2018 So, this is how we ran our luau business in Keaukaha. And just because my father was into everythingI asked him once—"Why am I doing this" because I did everything the luau, the pit, everything, the coconut—whatever. Everything they did, I had to do. My mom and dad when they did the books, I had to sit down with them and learn how to do it. Everything. I had those calculating machines that was from the dinosaur—stone age those big bastards where you had to press every stinking number and then crank, crank, crank. And when you're missing one penny and you got to do that 10, 15 times until you get it straight—you learn real fast. You do not throw in the extra money because what you're doing, you're creating a mess`cause eventually it's going to show up in the tax. So, I want to ask the Board to ask HR to redo my app. again—and this time, I'll put down everything that's needed to show where my education came from and not to use my business experience that takes away from my app, if I ever end up trying to run Mass Transit again. I'm going for the election clerk's job nice and easy, okay? Thank you for showing up. I didn't expect—and I'm glad that somebody else is going to be in front of you guys, but that's my request. Nothing about getting the job—she can keep that job. Good for her. CHR. NAHUINA: Thank you. MR. MAKAIO: Okay. That's it—that's just the request I wanted. MR. MUKAL Can I move to dismiss at this time that there's really no remedy that can be issued by the Board, if Mr. Makaio's testimony is that he doesn't want the job MR. MAKAIO: Yeah, I agree. That's the purpose. I was just coming here to ask for to redo the app. MR. MUKAL `Cause I think, under the circumstances, there's really no remedy even if an application is resubmitted and the process if redone there's already been testimony that there is no intent for him to accept—even if offered the Mass Transit— MR. ransit MR. MAKAIO: I'll object to that. There might be a time because it's happened before with me and other companies. So, don't put that statement that— MR. hat MR. MUKAL And that's fine MR. MAKAIO: For now, I don't want it. MR. MUKAL He is always free to update his profile on NeoGov CHR. NAHUINA: Yes. MR. MUKAL that's never been any impediment to Mr. Makaio's claim or what he seeks. Page 6 Merit Appeals Board CHR. NAHUINA: Okay. May 9, 2018 MR. MUKAL So, if—at this time, I'll just move to dismiss this—Mr. Makaio's claim. MR. MAKAIO: I agree. MR. CHILLINGWORTH: So, under those circumstances, Mr. Chairman, I would move that the appeal of Mr. Makaio be dismissed—with Mr. Makaio having the opportunity to update his application at any time in the future should he wish to do so. It sounds like he has a wealth of business and personal experience here in Hilo and on the Island of Hawaii that would be worthwhile having and taking advantage of. So MR. MAKAIO: This is what I've been doing—excuse me. This is what I've been doing with the (inaudible) when he came out to help the Mayor. As soon as he stepped on board, I started talking to him and he said—figured what I was saying. So, he knew what I was talking about and about my experience just because I didn't have the necessary documents, that's why I didn't put really till after. But I'm not going to step on the side. I will be approaching this new administrator—talking to her also. I can give her some ideas because there's a lot of things she has to fix. And one of them is the remedial training for few drivers that is real bad. Well, anyway, thank you. CHR. NAHUINA: Can I have a second? MR. TAM: I second—what you said. CHR. NAHUINA: It's been moved and seconded that the MR. CHILLINGWORTH: The motion is CHR. NAHUINA: the motion be dismissed. MR. CHILLINGWORTH: The appeal be dismissed subject to the conditions that I've already talked about. CHR. NAHUINA: Yes. MR. CHILLINGWORTH: It's good to have a judge, eh, on the Board? CHR. NAHUINA: Yes. All those in favor say "aye?" AYES: Board Members Chillingworth, Tam, and Chair Nahuina — 3. NOES: None. ABSENT: Board Member Namahoe —1. EXCUSED: None. Page 7 Merit Appeals Board CHR. NAHUINA: Same sign—disagree? The "ayes" have it—it's dismissed. MR. CHILLINGWORTH: Thank you, Mr. Makaio. MR. MAKAIO: Thank you. MR. CHILLINGWORTH: Good to see you, again. MR. TAM: Thank you, Sir. May 9, 2018 CHR. NAHUINA: Thank you, Mr. Makaio, I appreciate it. Thank you. At this time, we can continue then? MS. YAMADA: You can continue, but I'm going to see if I can change his flight. CHR. NAHUINA: Absolutely. Would you like to take a recess? MS. YAMADA: That would be helpful. CHR. NAHUINA: Okay. MS. YAMADA: Thank you. CHR. NAHUINA: Ten-minute recess. Recess: The Chair called for a recess at 9:19 a.m. Reconvene: The meeting reconvened at 9:35 a.m. CHR. NAHUINA: It is 9:35 and we will reconvene the Merit Appeals Board. At this time, we'll go on to our "New Business"so, Bill. New Business (for discussion and appropriate action) (Item 6) Annual Performance Evaluation Process for the Director of Human Resources for Fiscal Year 2017-2018. MR. BRILHANTE: You know what—good morning, Merit Appeals Board, Members William Brilhante, Director, Human Resources. As far as the evaluation goes, my understanding of the process and—correct me if I'm wrong—is that pursuant to MAB Rule "100-11 Performance evaluation" you have three criteria that you set forth as to what the basis of your evaluation will be for the information that formulate the basis of your evaluation. And, I have no objection to that going forward—and I also would welcome any discussion in regards to this matter. Page 8 Merit Appeals Board May 9, 2018 I believe, historically, what I provide the MAB with—or what the Director generally provides the MAB with is just a basic, I guess, spreadsheet of what I identify as my top and primary goals to, hopefully, allow us to meet departmental and County -wide and the community expectations as to what areas of priority that I feel that, as administrator, we should set for our department going forward. And pursuant to that, I have three specific performance goals that I would like to address this year—on July 1, 2017 to June 30, 2018. The first goal would be develop and implement a County -wide supervisor and manager training and certification program. And I think I alluded to that in one of my previous quarterly reports to the MAB that topic area. We've been in conjunct—communications with Hawaii Community College and, most recently, with University of Hawaii at Hilo. And it's been brought to my attention by both departmental heads as well as the administration the mayor—primarily and directly, is that as the administration changes, one of the effects of that is the new boss comes in and he brings his people—he or she brings their people. And, I think because we were in a cycle where the previous administration was in the position of running the County for eight years, a lot of that institutional knowledge and historical knowledge was kept within that group. And, as the new administration came in, there was a lot of transition. I think this was one of the most—how shall I say it—fluid exchanges of personnel that we have seen in more recent time. `Cause when Harry was serving—when the current Mayor, Harry Kim, was serving his first term when he termed out after his second term, a lot of his directors, deputies, and administrators was held over by the Kenoi Administration. CHR. NAHUINA: Yes. MR. BRILHANTE: But as the Kenoi Administration progressed and went forward, there was a lot of transition. And then, when Mayor Kenoi termed out, unfortunately, there wasn't that continual carry over of the personnel. So, a lot of new people were brought in. And with that— think hatthink a lot of the new people that were brought in didn't have the real strong governmental knowledge base that is so unique from the private sector. There're significantly different management style and management approach when you're dealing with governmental employees—civil service employees—as opposed to the private sector employees. And I think that gap between those two sectors, are types of employees—wasn't really bridged significantly and a lot of questions were—would be—would come up from the departments "Well, how do we approach this situation? Or how do we approach that situation?" And I think—and what the mayor communicated to me was that we don't have a current program in place that would be there to educate the new administration, and the new managers, and the new department heads. And not just educate but to, I guess, allow them to the opportunity to be introduced to how the governmental sector works. And I know, just the top of our head, we've had significant conversations with various departments regarding disciplinary action—what's the proper disciplinary action. What do we do if an employee is sick, doesn't show up to work, and we don't hear from him? What's the Page 9 Merit Appeals Board May 9, 2018 appropriate steps or—and the like. And, now, I think how do you conduct a proper job performance evaluation? Those items which, for the most part, from a HR department—we somewhat take for granted—we think it's, "Oh, that's just general, simple knowledge CHR. NAHUINA: Yes. MR. BRILHANTE: or simple information." But, I think when somebody's new to the room and they're new to the game, and they don't understand these things that we take for granted there has to be a process in place that we can convey—and we can provide the managers with that information. And, like I said, the Mayor has requested that we do that. So, we will be doing a certification/management/supervisor training program within this year and that's Goal 1. Goal 2 is implementing a County -wide policy and evaluation program on the prevention of workplace violence that's an item that it's, kind of, like, at the top of everybody's tongue right now. It's in the forefront. I think we've come on board the County has amended and we've disseminated our new Violence in the Workplace Policy. We've received responses from we're required to consult with the unions before we implement any policy. So, we received feedback from three of the unions. Unfortunately, the union that has historically given us problems with this policy has been UPW—and we're still in the consultation process with them going back and forth. MALE: I hear you. MR. BRILHANTE: And so, I'mI don't know why it's such an issue. It's, like I said, it's on everybody's tongue and everybody knows— CHR. NAHUINA: Yes. MR. BRILHANTE: —right from wrong now—and I'm not sure why we're getting such push back just from that one particular union. And going forward, that's a policy that we'd like to — a program that we'd like to implement and make sure everybody's on the same page and everybody knows—all the "i's" that need to be dotted and the "t's" that need to be crossed. MALE: Right. MR. BRILHANTE: So, that's my Goal Number 2. Number 3 is develop and implement a department -by -department safety program to help reduce the frequency and expense associated with workers' compensation claims. I'm not sure if you're aware or you paid attention to our departmental budget review at the county council, but one of the areas I identified isour HR Department, as you know, is somewhat bifurcated. We have the HR Human Resources component and, as a part of that, we have Health and Safety. Page 10 Merit Appeals Board May 9, 2018 And under Health and Safety, we have Workers' Comp. And our run—our HR Department runs on a approximately 2-point—you know whatever budget—million dollar budget. And, unfortunately, the Workers' Comp Division runs on an annual 2.1 million dollar budget as well. And when we—when we're in this type of economic environment, every dollar counts—and with the help of my deputy who has a strong risk management, safety—health and safety background—we're implementing steps to do more of a structured analysis of the Workers' Comp Division where we're establishing performance criteria as it relates to processing of cases ensuring that the appropriate payments are being made to claimants and the like. And just, somewhat, changing the mindset of the division so that it becomes more of a situation where when a claimant files a claim, the approach is more of the fact that we value you as an employee. We're going to understand that there's always bad apples no matter what you look at. There'll always be bad apples or bad actors. And but, the approach that I would like to take and, again, as seconded by my deputy—is the fact that we understand there's still bad apples. We understand that there may be some issues—fraudulent claims—but, for the most part, they're not when we look at these claims. So, I think if we're able to change the mindset, we're able to address performance goals, criteria's, and continually evaluate them. And the component is—and which I strongly believe in and I said this at the council is—from my fire background. I firmly believe an ounce of prevention is worth a pound of cure. I think if we address these situations, these circumstances, we address the needs of the employees through the implementation of a much more progressive safety program. We're already started with Department of Environmental Management. There's discussion that the next department we're going to look at, is establishing a safety program with Parks and Recreation. The reason we picked those was `cause those are our highest repeat offenders areas where we get the most claims outside of police and I believe the second one parks and yeahso outside of those those are the areas. So, we're implement—we're in discussion with the department's heads and the managers and we're going to institute a safety program, which has some teeth to it. So, oftentimes, when you talk "safety" or "safety programs"—it's always, like, the employees feel like"Oh, yeah, this is a great thing"—and then, all of a sudden they start talking about issues and nothing ever gets done. It's like, oh, thenso, they start getting the employee start getting disenfranchised because there's no follow through. The other thing is that happens with these programs is these programs quickly turn into a complain session. There's another word that is generally used but, for my terminology, it just turns out to be a complaining session and nothing really gets accomplished. So, those are the two red flags or areas of concern that we want to ensure that going forward we don't fall into that rut. We want these safety committees to be effective. We want them to be positive. And we want the employees to know that they have confidence in that—they know, Page 11 Merit Appeals Board May 9, 2018 they bring something forward, it gets report to the committee, and then there's actually follow through and follow-up. CHR. NAHUINA: Yes. MR. BRILHANTE: And I think those are the important factors and we're—and withagain, with the deputy's help and with our health and safety division help that's what we're hoping that through that process, we can then reduce the claims and the frequency of workers' comp claims. So, that's Goal Number 3. And we will haveI will provide measurable evidence to support whether or not the program is successful and that'll be through the reduction of actual expenditures and (inaudible). And, that being said, we never can predict what may happen when it comes to the work environment—anything can happen—with the police officer, they can always get hurt on the job or a bad traffic accident, which we had with the Fire Department several years back where there was a serious injury due to a head-on collision—one of our firemen. And those type of things you can't help. They're going to happen. CHR. NAHUINA: Right. MR. BRILHANTE: But we're hoping that that will be the exception and not the norm. We're hoping to address the issues that relates to the norm just the overall general type of injuries that through health, through safety, through identification—we can help reduce those type of claims. And, if our assumption is correct, by reducing those claims we'll also reduce the amount of financial exposure that the County has. We can reduce that 2.1 million dollar budget. The great part about it is anything we save in Workers' Comp—goes back to the General Fund. So, that's what we're looking to do. And that's my goals going forward. I'm happy to take any other advice or recommendations going forward from the MAB. CHR. NAHUINA: I know that—when we look at Health and Safety—one of the things last time we mentioned—we asked was about the Blue Zone Project. MR. BRILHANTE: Yes. CHR. NAHUINA: And that was continuing, causeI mean, certainly, that plays into workers' comp—healthier people and (inaudible)—and then, also, I know in a meeting with Ms. Toriano, in the past, she talked about CPR and first aid first responder training. There was a mix between wanting to get the training and, also, how far the scope was going to be. So, I'm wondering if you're looking at that also. MR. BRILHANTE: I'm glad you mentioned that—that's something that I those issues were something that I would, generally, incorporate into my quarterly report. Page 12 Merit Appeals Board CHR. NAHUINA: Okay. MR. BRILHANTE: But, just to touch on it—it hadn't been lost. CHR. NAHUINA: Okay. MR. BRILHANTE: Two CHR. NAHUINA: And that's more of a question. May 9, 2018 MR. BRILHANTE: Yeah. No—two weeks ago I met with Karen Teshima from HMSA and she's the lead liaison here for the Blue Zones Project, County of Hawaii. So, following a meeting she had with Mayor Kim, she went with then met with me and we decided we were going to work together. We're going to make the County one of the employee -sponsored programs that are there who will be in compliance with Blue Zone aCounty-wide. Right now, what we have with the County is we have individual departments who've committed to Blue Zone Projects Planning Department and the Prosecutors. So, we're going to implement a County -wide program—Blue Zone compliance. And the way we see it is—it's low hanging fruit CHR. NAHUINA: Yeah. MR. BRILHANTE: —from my perspective it is. If our mindset is going to be—County workers, you're valued employees and we care about you, and we care about our family your families. How better than to say, "Okay, this is the program we're supporting. Here's a regimen where it tells you what type of exercise will be helpful. What type of dietary needs and things you should be considering when you plan your meals"—and all that type of support service. One of the things I noticed with the Planning Department is the their employ they regularly have employee walking groups. So, like, maybe two or three times a day we'll see a group of, maybe, five or six Planning Department employees. They'll walk around the building, like, three or four times—not just 10-15 minutes. But, if you do that three times a day, it's all of a sudden—its 45 minutes. CHR. NAHUINA: Yes. MR. BRILHANTE: And that's just something that—when you look at the workday for a County employee—if you're going to—say 15 minutes in the morning that's a normal break you get 45 -minutes or an hour for lunch that's a normal break. And then you get your afternoon break. So, when I say it's low hanging fruit, it doesn't cost the County anything. CHR. NAHUINA: Yeah. Page 13 Merit Appeals Board May 9, 2018 MR. BRILHANTE: There's no expense associated with the County's operations. But, the good part is, the hope and the emphasis isif we have happier employees, we have healthier employees the reduction in sick leave or the reduction CHR. NAHUINA: Absolutely. MR. BRILHANTE: in the amount of time or leave request or even to the part where maybe in reduction of (inaudible)—could all lead to that. And, if you have a healthier workforce the long term medical needs, hopefully, will be reduced. And, I think, that's such a great benefit for the County. So, it's a win-win from both sides in my estimation. So, we will—our goal is to by July of this year—we're going to have a public notification and a formal program where the County is identified as an official Blue Zone sponsor going forward—County-wide. As to the second issue with the CPR—as you know, that's such an important issue now with the current administration. We all know the recent history with the Mayor. And so, in that regards we've initiated an assessment of all of our the location of all of our EAD's (Sic.)a reassessment of our automatic defibrillators. And we're making sure that they're in the right location, we assess whether or not they're appropriate—if you have seven AED's in one location on West Hawaii—what about all the other areas that the County serves. So, that's an assessment we're undergoing right now. The other training that we're providing and we continue to provide is the CPR training. Just to let you know that I wasn't aware of this—my education with CPR was always the old American Red Cross— CHR. NAHUINA: Yes. MR. BRILHANTE:—standards-2 breaths, 15 compressions, 2 breaths—right. Now, it's just hands on—it's called "hands only CPR." CHR. NAHUINA: Yes. MR. BRILHANTE: And that's a policy that we're trying to implement within the County again, to get as many of our employees trained to be able to perform that. I noticed that the schools have done that, DOE has incorporated that into their curriculum as well. And so, that's something moving forward that we're working on now is just—as a matter of fact, I was just speaking to our trainer—what was it—maybe two days ago up at the EOC. And we're addressing this issue directly. So, those two items are both forthcoming. Page 14 Merit Appeals Board May 9, 2018 CHR. NAHUINA: One more question. This certification program for the manager training—is that certification that they would receive—is that a national certification, a public certification, the County what, where is it— MR. t MR. BRILHANTE: That's a very good question. There's no just through our research, there's no real national type certification that we felt would be really applicable here. What we're trying to establish is we're trying to establish a 12 -month training program. And we're looking to offer a coursea monthly course through that program. And as the individual registers for the courses there'll be 12 different courses—one will be job performance evaluation, for example the other one would be conducting proper investigations or the like. And that'll be offered monthly. As the—as each employee completes the necessary courses, whether it be—we're looking at either 8 mandatory courses or 12 or a variation in between those. And as the individual completes that—those courses, then they'll get a County certification letter of recommend letter of certification from the County saying that you've successfully completed the supervisor/manager training program. And we're going to continue to keep those courses offered regularly so each of the managers can come in and do it. And we can't, at this stage, when I had this discussion with the managing director—he's going toI don't have the authority to make it mandatory, but the managing director does. CHR. NAHUINA: Okay. MR. BRILHANTE: And he said he's very—he's in favor of us—of him doing that. And we've already had discussions with him on other topic areas, like, mandatory interview training or mandatory skillset review for hiring—fol lowing some of those issues that arose. And the managing director was very supportive and he instituted mandatory attendance policy for those, and I think we need that. There has to be some bite there— CHR. NAHUINA: Absolutely. MR. BRILHANTE: although nobody's going to sign up for it—"Oh, wow, how I going do this? I'm too busy." Yeah. So, if we make it mandatory, and we say as a new supervisor comes in, they have maybe 18 months to complete the program. `Cause we understand that they're not going to be able to meet every class offering. So, there'll be some latitude. But, I think, the fact that it is mandatory, it is supported by the administrationI think that will go forward with getting participation and a better understanding of the importance. CHR. NAHUINA: And, along with that idea of the certification—oftentimes appeals brought before the Merit Appeals Board deal with not meeting minimum requirements. Is—would these types of certifications or classes be open to people not necessarily in that administrative position so that when they apply, they would have that certification or to meet minimum requirements with—help them. I mean, obviously, it looks good but that's always a concern for people—for the cases that we see here and we see that more often. Page 15 Merit Appeals Board May 9, 2018 MR. BRILHANTE: That—you're absolutely correct. Oftentimes when we look atoh, Mr. Makaio, for example—and I'm only bringing it up `cause his case was on open record although Iso, we look at—"Do I meet, do I have the skillset, the necessary skillset to be a manager?" Always"Oh, how do you gain that?" What's the—"Where do you go to get that skillset?" Because if you don't have it, who's going to hire you? You'll never get through that first hurdle. So, I think, if we open it up County -wide and we open it up to the employees—and, again, they're going to have to coordinate their attendance with their various department heads— CHR. NAHUINA: Yes. MR. BRILHANTE: —and the like—scheduling. I think if we open it up, there will be individuals who are—who have strong desires and are desirous of career advancement. And if we're able to offer these classes to them, I would have to have a specific discussion with our recruitment division to have to sit down and really look closely as to whether or not this supervisor certification can be considered—some type of—given it some type of consideration where it relates to their experience the experience requirements for a manager, that's a discussion that we're going to have later. But, I think my personal feeling is to open it up as to many County employees as possible. CHR. NAHUINA: Very nice. MR. BRILHANTE: I think if we're all, kind of, all on the same page—and we all operate on the same page and we all have a general basic understanding of what the requirements are going forward—more often than not, it's been my experience that dealing through the grievances and the labor issues is more often than not, it's like nobody's doing it—most often people aren't acting intentionally when it comes to an issue that maybe they didn't meet the procedure requirements. I think, oftentimes, the reason they end up in a situation is because they just didn't know. Had they known, they would have done it. And I thinkI see that more often than not, especially with the type of employees we have here. And I think if we can provide that knowledge base, if we can open up their understanding of why these processes are here—what's the necessity for them, and how they affect the employeesI think we just able to provide that knowledge. I think that would go a long ways with helping us just operate more effectively and more efficiently down the road as a governmental body. CHR. NAHUINA: Absolutely. Thank you. MR. BRILHANTE: I think the other thing that you guys are going to have to agree upon is the evaluation as far as sending out the survey. CHR. NAHUINA: Yes. Page 16 Merit Appeals Board May 9, 2018 MR. BRILHANTE: And that's a discussion I think, as a body, you're going to have to agree to—is that something you want to do going forward and the timelines and stuff associated with that. I think there's a page this yellow page, may help the understanding the process. And, Glynis, you can chime in at any time. CHR. NAHUINA: Yes. So, are we using the same survey that we used with Ms. Toriano? MS. YAMADA: It's up to you, if you want to make any changes to the questions. MR. TAM: It's just awkward—it says "Sharon Toriano" MS. YAMADA: Oh—where is that? MR. BRILHANTE: Line 1, the green MS. YAMADA: The green one. MR. BRILHANTE: Yeah, right there. MS. YAMADA: Oh, okay MR. BRILHANTE: I'm more than happy if you guys want to send that out. MR. TAM: I thought the survey that we used last year was very informative and it helped us get a good grasp on how well the Human Resource Director was doing, at that time. MR. CHILLINGWORTH: Good. MR. TAM: So, I'm happy to continue using this survey that we used last year. CHR. NAHUINA: I would agree. MR. CHILLINGWORTH: Good. Let's do it. CHR. NAHUINA: Okay. MR. BRILHANTE: And if it means anything on my evaluation, I think it's a fair assessment and a fair tool to assess the director as well. CHR. NAHUINA: Okay. MR. YOSHIMOTO: So, just that one change with the name, yeah? MR. TAM: Yes. Page 17 Merit Appeals Board CHR. NAHUINA: Yes. MR. YOSHIMOTO: Note that for the record. MR. TAM: (Inaudible.) MR. BRILHANTE: Well, let's see the results first. CHR. NAHUINA: Do we need a motion? May 9, 2018 MR. YOSHIMOTO: Yeah. So, it's just so we can make the record clear. A motion to make that one change. MR. TAM: Name change? MR. YOSHIMOTO: Yeah. MR. TAM: Okay. So, I move that we make an amendment to the existing survey to reflect Mr. Brilhante'sreplacing Sharon Toriano's name. CHR. NAHUINA: Do I hear a second? MR. CHILLINGWORTH: Second. CHR. NAHUINA: All those in favor say "aye." AYES: Members Chillingworth, Tam, and Chair Nahuina — 3. ABSENT: Member Luahiwa Namahoe — 1. NOES: None. EXCUSED: None. CHR. NAHUINA: Same sign—ayes have it. Motion is carried. We will be using the same survey and making the change from "Sharon Toriano" to the new director, William Brilhante. I keep thinking we're going to have (inaudible). MR. TAM: I also make a motion that we accept and use the same existing survey that we used last year for this year's evaluation of the Human Resource Director. MR. CHILLINGWORTH: Second. CHR. NAHUINA: All those in favor say "aye." All those opposed? Page 18 Merit Appeals Board AYES: Members Chillingworth, Tam, and Chair Nahuina – 3. ABSENT: Member Luahiwa Namahoe – 1. NOES: None. EXCUSED: None. CHR. NAHUINA: Same sign the ayes have it. Motion carries. MR. YOSHIMOTO: As far as the deadline as to when you want to get it out? CHR. NAHUINA: Deadlines for this MR. TAM: Get that timeline on that yellow sheet, right? CHR. NAHUINA: Yes. May 9, 2018 MR. BRILHANTE: I will and if I just may interject and provide some information. As you know, the County's currently undergoing a serious natural hazard with the ongoing lava flow. And I know from my perspective we're required to be up at the Emergency Operation Center at Civil Defense every morning. And the majority of the department heads are there throughout the day, and I know they're running 24-hour shifts. I'm not sure how that relates to being able to send out the survey and get an adequate response or sufficient or significant response from the department heads, if all their attentions are currently being placed—directed towards the ongoing eruption. So, I'm not sure how we're already May 8th or May 9th—and the May 31" deadline I just want to put that out there. MS. YAMADA: In the past, the department heads had about eight working days to CHR. NAHUINA: Yeah, I was going to say it wasn't really long. It was MS. YAMADA: Yeah, it wasn't too long. Last year, we sent it out May 15 and then the deadline was May 31st that's more than 8 business days. CHR. NAHUIINA: Is your recommendation that it be moved in some way or lengthened or shortened—what is your recommendation on this? MR. BRILHANTE: I'm just I always work from the end. The end product to how we back track in—and the evaluation will actually be conducted— MS. YAMADA: Normally, our deadline is May 31" for all the previous years. MR. BRILHANTE: Okay. Page 19 Merit Appeals Board May 9, 2018 MS. YAMADA: And then, in the past, it's at least 8 working days that they had to respond. But, last year, we sent out the survey on the 15''so that's about 12-15 days. MR. BRILHANTE: Okay. So, I guess, the—my question would be why May 15''? Is there a deadline down the road that the MAB had to, kind of, had to be in compliance with or MR. YOSHIMOTO: Well, the evaluation occurs— CHR. NAHUINA: The evaluation occurs in June— MR. BRILHANTE: Yeah, so MR. YOSHIMOTO: Yeah, but we can send it earlier. MR. BRILHANTE: Yeah. Is there a necessity that we have that evaluation during the June meeting or is there some latitude to move it? Or is, I guess, that's the question. MR. YOSHIMOTO: That's in the Rule. MR. BRILHANTE: Okay. MR. YOSHIMOTO: Yeah. So, we could send it out earlier MR. TAM: Might a better idea to send it out earlier because things are definitely being pushed out on the back burner, right? MR. YOSHIMOTO: Yeah. MR. TAM: And so, it gives them time to sort through and prioritize their work andobviously, that's in their eyes, it's not a priority. It is for us, but not them. MR. CHILLINGWORTH: Right. MR. YOSHIMOTO: So, keep the same deadlines and give them more time, right? Glynis, is there a problem with sending out— MR. ut MR. TAM: You think that might help? MS. YAMADA: No problem. I'll just need to coordinate with IT MR. TAM: Okay. MS. YAMADA: as far as the SurveyMonkey. MR. TAM: So, as soon as they can—and not necessarily give them a date/deadline? Page 20 Merit Appeals Board May 9, 2018 MR. YOSHIMOTO: Then we do it that way, yeah? MR. TAM: Yeah. MS. YAMADA: Yeah, I'll get in touch with them. I sent them an e-mail regarding their assistance in getting the SurveyMonkey going. I'll follow-up again, see how soon. CHR. NAHUINA: And if—because it's a longer time period, I think sometimes—although we prioritize our—is there a way that we can send a reminder as we get to MS. YAMADA: Yeah, we can. CHR. NAHUINA: That would be a good idea. MS. YAMADA: How soon would you like a reminder sent out? If it's due on May 31st, when would do you like the reminder sent out? MR. TAM: Maybe on the 15thif it goes out in the next couple of days depending on IT's MS. YAMADA: Well, I'm hoping IT can MR. TAM: Right. MS. YAMADA: —get everything set up by this Friday. CHR. NAHUINA: Oh, okay. MS. YAMADA: I'm hoping. CHR. NAHUINA: Maybe the Monday prio the 31" is what day of the week? MS. YAMADA: Thursday. CHR. NAHUINA: That's the Thursday. So, maybe Monday? MS. YAMADA: Monday is Memorial Dayso, Tuesday, the 29th? CHR. NAHUINA: That's too late that's only 2 days -3 days as a reminder. Well, hopefully, they've done it already, right? They haven't put it off. MS. YAMADA: So, whatever date you tell me then, I'll MR. TAM: What about the 25th? Page 21 Merit Appeals Board MS. YAMADA: The 25h? CHR. NAHUINA: The 25'. MR. CHILLINGWORTH: I think that would be wise. CHR. NAHUINA: You think so yeah. Let's go with the 25h. I would agree. May 9, 2018 MR. BRILHANTE: I guess from my just from my perspective isI noticed that the performance evaluation is for FY2017 to 18—and as we know, I was only appointed to this position on March of 2018. So, I guess, is there going to be some notation or some type of - MR. TAM: No, we're holding your feet to the fire. You hit the ground—he hit the ground running. I think that will be on—in everyone's mind as far as when we do the evaluation. CHR. NAHUINA: We can put that in the cover letter. MR. TAM: Do we need that— MS. hat MS. YAMADA: I can put that in the message. CHR. NAHUINA: Yes, in the cover letter. MR. BRILHANTE: Perfect. I mean, not that I don't want to take credit for somebody else's work but CHR. NAHUINA: I think something similar to Ms. Toriano's when she—'cause she was in a similar situation. MS. YAMADA: `Cause for Ms. Toriano, we didn't put in any notation that she started later, so we can always do that for Bill—for this one? CHR. NAHUINA: Let's do that. MR. TAM: There's no problems with that? MR. CHILLINGWORTH: We should do that. CHR. NAHUINA: We should do that. MS. YAMADA: So, if you guys could state what language you'd like. MR. YOSHIMOTO: Okay. So—wait—let's get, let's finish up the deadline to get the survey out. So, the motion would be to—go ahead. Page 22 Merit Appeals Board May 9, 2018 MR. TAM: Okay. So, I move that we send out the survey as soon as IT is able to do so for the Human Resource Director Evaluation. MR. YOSHIMOTO: And the follow-up reminder on May 25. MR. TAM: And follow-up reminder on May 25tH MR. CHILLINGWORTH: Second. CHR. NAHUINA: Moved and—all those in favor? All those opposed? AYES: Members Chillingworth, Tam, and Chair Nahuina – 3. ABSENT: Member Luahiwa Namahoe – 1. NOES: None. EXCUSED: None. CHR. NAHUINA: Same sign the ayes have it. It's been moved and seconded that we'll send out the survey as soon as possible and a follow-up letter will be—reminder will be sent out on the 25h. MS. YAMADA: And the deadline on the 31st CHR. NAHUINA: With a deadline on the 31st yes. MR. TAM: Yes—no change on that. CHR. NAHUINA: And we have the language, now, to look at for the letter to reflect Mr. Brilhante's position change. MR. YOSHIMOTO: So, probably after the first sentence, right? You may want to say that the current director started on such and such date—or something to that effect, so it's crystal clear. Bill, when was your official start date? MR. BRILHANTE: March 1st MR. YOSHIMOTO: March lst MR. TAM: Maybe after—County's Human Resource Department—and the current Human Resource Director, Mr. William Brilhante, who began his term March 31st? MR. CHILLINGWORTH: March lst MR. TAM: Oh, March I". I'm sorry. CHR. NAHUINA: March lst Page 23 Merit Appeals Board MR. TAM: March 1st May 9, 2018 MR. BRILHANTE: So, language I propose iswe go, that first sentence, and to the end of the first sentence it goes—"the services"—at Line 4—"the services provided by the County's Human Resource Department" "and its Director, William V. Brilhante, who was appointed on March I" of 2018" MR. YOSHIMOTO: Sounds good. MR. BRILHANTE: —and then, "Your participation is voluntary MR. TAM: So, I make a motion that we amend the e-mail to the County department directors/administrators, et cetera, to reflect what he said. Can you use my voice and say what you just said? CHR. NAHUINA: All those in favor say "aye." Those opposed? AYES: Members Chillingworth, Tam, and Chair Nahuina – 3. ABSENT: Member Luahiwa Namahoe – 1. NOES: None. EXCUSED: None. CHR. NAHUINA: Same sign—ayes have it, motion carries. MR. TAM: That was so beautifully CHR. NAHUINA: Eloquent. MR. TAM: Yes. CHR. NAHUINA: I like that change that's good. MR. TAM: I'm going to need someone to write my eulogy before I pass away. Are you available? MS. YAMADA: So, can I please confirm that you folks will send out the survey to "County Department Directors, Program Administrators, and Human Resources Representatives?" Is that going to remain the same? CHR. NAHUINA: Yes. I would think so. Do we need a motion for that? MR. YOSHIMOTO: No, good. Basically, you had the motion approving the letter CHR. NAHUINA: Approving the letter Page 24 Merit Appeals Board May 9, 2018 MR. YOSHIMOTO: —with that change. CHR. NAHUINA: Yes. Okay. And, is there anything else for this appraisal? Glynis to extract survey results. MR. YOSHIMOTO: Glynis, that takes care of it, I think, right? CHR. NAHUINA: I think that does. Mr. Brilhante? MR. BRILHANTE: Thank you very much. I have nothing further to add. Thank you. MR. TAM: Thank you. MR. CHILLINGWORTH: Thank you. Schedule Next Meeting Date (Item 8) Chair Nahuina announced that their next regularly scheduled meeting would be held on Wednesday, June 20, 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 10:20 a.m. Respectfully submitted, / p/kg,614_ Glynis Yamada, Secretary-Reporter APPROVED: David K. S. Nahuina, Chair Merit Appeals Board Page 25