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HomeMy WebLinkAbout2022-03-10 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii March 10, 2022 (Thursday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 11:30 a.m. by Chair Gabriella M. Cabanas, at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Thursday, March 10, 2022. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair (via Zoom) Ms. Kate De Soto, Member Mr. Charles Kunz, Member Ms. Gay Mathews, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Mr. Waylen L. K. Leopoldino, Director, Human Resources Department Mr. Ryan Thomas, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Elyse Stevens, Land Use Plans Checker II, Planning Department Ms. Amanda Furman, Deputy Attorney General, State Office of the Attorney General (via Zoom) Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Mr. Relley Araceley, Council Services Coordinator, Office of the County Clerk Pursuant to Governor David Ige's Emergency Proclamation Related to COVID-19 (Omicron Variant) dated January 26, 2022, the requirement to have at least one in-person meeting location has been suspended through March 25, 2022. This meeting will be held through a combination of the board members being physically present at the meeting location and participating via ZOOM. Members of the public may attend this meeting either in-person at the meeting location or via ZOOM. Each person at the meeting location will be required to wear a face mask. Merit Appeals Board Call to Order (Item 1) March 10, 2022 CHR. CABANAS: Good morning. The Merit Appeals Board meeting is called to order at 11:30 a.m. on this day, March 10, 2022. We have quorum. All five Merit Appeals Board members are here. I am Gabriella Cabanas, Chair, of the Merit Appeals Board and we are in the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, Hilo. Sitting here with me in the Hilo Council Chambers are Ms. Kate De Soto, Ms. Gay Mathews, and Mr. Charlie Kunz. And appearing via Zoom from Kailua-Kona is Mr. Mel Ventura. Good morning, Board members. We also have in the Hilo Council Chambers our Legal Counsel for the Board, J Yoshimoto. He is the Assistant Corporation Counsel. Good morning, J. MR. YOSHIMOTO: Good morning. CHR. CABANAS: And our Secretary -Reporter, Glynis Yamada. Good morning, Glynis. MS. YAMADA: Good morning. CHR. CABANAS: We also have Relley Araceley from the Office of the County Clerk staffing the computer equipment to ensure we have Zoom capability. Good morning, Relley, thank you for all that you do to help us. And also appearing via Zoom is Amanda Furman, Legal Counsel,A for the Board for the hearing that's going to be continued at a little later time. Good morning Amanda, she is our Deputy Attorney General. Good morning. MS. FURMAN: Good morning. CHR. CABANAS: Also here with us is Mr. Ryan Thomas from the Office of the Corporation Counsel. Good morning, Ryan. And we also have Ms. Elyse Stevens sitting in. Good morning, Elyse. Addendum to Agenda (Item 2) CHR. CABANAS: Looking at the agenda, we do not have any addendum to it. Statements from the Public (Item 3) CHR. CABANAS: There are no "Statements from the Public" according to our secretary. Approval of Minutes (Item 4) CHR. CABANAS: There are no "Approval of Minutes Page 2 Merit Appeals Board March 10, 2022 Communications (Item 5) CHR. CABANAS: —and no "Communications" either. Unfinished Business (Item 6) CHR. CABANAS: We are now on Number 6,"Unfinished Business" which is the continuation of the hearing that the Chair has gone on record last year recusing herself. So, I will not be sitting in on this. And J Yoshimoto, our Board legal counsel, also will not be sitting in on it because Amanda Furman is the legal counsel for the Merit Appeals Board in a hearing matter. So, at this time, let the record show at 11:32 that J Yoshimoto and I are exiting the Hilo Council Chambers and I will return to resume my responsibility as the Chair when it's time for the "Director's Report." Until such time, Mr. Mel Ventura, our Vice -Chair, will serve as the Acting Chair in the hearing matter. So, thank you for your kind attention. And thank you, Mel, for continuing as Acting Chair on this matter. MR. VENTURA: You're welcome. (At this time, Ms. Cabanas and Mr. Yoshimoto exited the meeting room.) MS. YAMADA: Both Chair Cabanas and J has left the meeting room. Acting Chair Ventura, can you read in for the record the items listed under the hearing or reference all the communications, just for the record, prior to going into executive session, please. ACTING CHR. VENTURA: Sure. 11:30 a.m.: CONTINUATION - HEARING RE COMMUNICATION NO. 21-04 NOTE: On October 29, 2021, The Merit Appeals Board Convened A Hearing On This Matter, Which Was Continued To The Board's Next Meeting Scheduled On November 19, 2021. On November 19, The Hearing Concluded With Both Parties Presenting Their Closing Arguments And The Board Entered Into Its Deliberations. They Were Unable To Conclude Its Deliberations, Therefore, Deliberations Were Continued To December 2, 2021. On December 2, The Board Resumed Its Deliberations. However, Unable To Conclude Its Deliberations This Matter Would Be Continued. Deliberations Will Continue At Its Page 3 Merit Appeals Board March 10, 2022 Meeting Scheduled On March 10, 2022. (Discussion Will Be Limited To The Board And Its Counsel Only And Will Not Include Further Statements By Both Parties.) Communication No. 21-04, Received On August 19, 2021, Appealing A Recruitment And Examination Action (Application For A Planner I Position Rejected Due To The Lack Of The Minimum Required Education And Experience) By County Of Hawaii Human Resources Department; And Communication No. 21-04.01, Received September 27, 2021, Regarding Appellant's Witness And Exhibit Lists; And Communication No. 21-04.02, Received September 27, 2021, Regarding County's (Hereinafter Referred To As "Appellee") Witness And Exhibit List; Certificate Of Service; And Communication No. 21- 04.03, Received October 15, 2021, Regarding Appellant's Exhibit No. 11; And Communication No. 21-04.04, Received October 15, 2021, Regarding Appellant's Exhibit No. 12 (Note: The Aforementioned Communications Were Listed On The Merit Appeals Board Agenda Dated October 29, 2021); And Communication No. 21-04.05, Received October 25, 2021, Regarding Appellant's Amended Witness List; And Communication No. 21-04.06, Received October 29, 2021, Regarding Appellant's Exhibit 13; And (Note: The Aforementioned Communications Were Presented/Circulated At The Meeting On October 29, 2021.) Communication No. 21-04.07, Received November 9, 2021, Regarding Appellee's Supplemental Witness List; Certificate Of Service (Note: The Aforementioned Communication Was Listed On The Merit Appeals Board Agenda Dated November 19, 2021); And Communication No. 21-04.08, Received November 18, 2021, Regarding Appellant's Exhibit No. 14; And Communication No. 21-04.09, Received November 18, 2021, Regarding Appellant's Exhibit No. 15; And Communication No. 21-04.10, Received November 18, 2021, Regarding Appellant's Exhibit No. 16 (Note: The Aforementioned Communications Were Presented/Circulated At The Meeting On November 19, 2021). Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting ACTING CHR. VENTURA: So, at this time, can I hear a motion from the Board to enter into executive session? MS. MATHEWS: So moved. ACTING CHR. VENTURA: Is there a second? MS. DE SOTO: Second. ACTING CHR. VENTURA: It's been moved and seconded that the Board enter executive session. Is there any further discussion? If no, there being no discussion, I'll call for a rollcall vote starting with Ms. De Soto. Page 4 Merit Appeals Board MS. DE SOTO: Aye. ACTING CHR. VENTURA: Ms. Mathews. MS. MATHEWS: Aye. ACTING CHR. VENTURA: Mr. Kunz. MR. KUNZ: Aye. ACTING CHR. VENTURA: Mr. Ventura—aye. Motion is carried and we will enter into executive session. March 10, 2022 RECESS: The Chair called for a recess at 11:40 a.m. to convene executive session. RECESS: The executive session ended at 12:18 p.m. CONVENE: The meeting convened at 12:22 p.m. in closed session. RECESS: The closed session ended at 12:30 p.m. RECONVENE: The meeting reconvened at 12:30 p.m. in open session. NOTE: On October 29, 2021, The Merit Appeals Board Convened A Hearing On This Matter, Which Was Continued To The Board's Next Meeting Scheduled On November 19, 2021. On November 19, The Hearing Concluded With Both Parties Presenting Their Closing Arguments And The Board Entered Into Its Deliberations. They Were Unable To Conclude Its Deliberations, Therefore, Deliberations Were Continued To December 2, 2021. On December 2, The Board Resumed Its Deliberations. However, Unable To Conclude Its Deliberations This Matter Would Be Continued. Deliberations Will Continue At Its Meeting Scheduled On March 10, 2022. (Discussion Will Be Limited To The Board And Its Counsel Only And Will Not Include Further Statements By Both Parties.) Communication No. 21-04, Received On August 19, 2021, Appealing A Recruitment And Examination Action (Application For A Planner I Position Rejected Due To The Lack Of The Minimum Required Education And Experience) By County Of Hawaii Human Resources Department; And Communication No. 21-04.01, Received September 27, 2021, Regarding Appellant's Witness And Exhibit Lists; And Communication No. 21-04.02, Received September 27, 2021, Regarding County's (Hereinafter Referred To As Page 5 Merit Appeals Board March 10, 2022 "Appellee") Witness And Exhibit List; Certificate Of Service; And Communication No. 21- 04.03, Received October 15, 2021, Regarding Appellant's Exhibit No. 11; And Communication No. 21-04.04, Received October 15, 2021, Regarding Appellant's Exhibit No. 12 (Note: The Aforementioned Communications Were Listed On The Merit Appeals Board Agenda Dated October 29, 2021); And Communication No. 21-04.05, Received October 25, 2021, Regarding Appellant's Amended Witness List; And Communication No. 21-04.06, Received October 29, 2021, Regarding Appellant's Exhibit 13; And (Note: The Aforementioned Communications Were Presented/Circulated At The Meeting On October 29, 2021.) Communication No. 21-04.07, Received November 9, 2021, Regarding Appellee's Supplemental Witness List; Certificate Of Service (Note: The Aforementioned Communication Was Listed On The Merit Appeals Board Agenda Dated November 19, 2021); And Communication No. 21-04.08, Received November 18, 2021, Regarding Appellant's Exhibit No. 14; And Communication No. 21-04.09, Received November 18, 2021, Regarding Appellant's Exhibit No. 15; And Communication No. 21-04.10, Received November 18, 2021, Regarding Appellant's Exhibit No. 16 (Note: The Aforementioned Communications Were Presented/Circulated At The Meeting On November 19, 2021). Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting ACTING CHR. VENTURA: Okay. I see. Okay. So we will read the recommendation and, if it is the Board's pleasure, they will provide a motion and we'll vote on the motion. Okay. So, the Board's recommendation is: The Board has concerns that the Hawaii Human Resources Department, HHRD, may have too narrowly construed the term "related" in evaluating whether Appellant graduated from an accredited college or university with a baccalaureate degree in urban planning, geography, architecture, engineering, political science, sociology, economics, public administration, or a related field. The Board is going to remand the recruitment back to HHRD for HHRD to conduct a more thorough review of the Appellant's application. Conducting that review, HHRD should review the documentation and exhibits submitted during HHRD's Administrative Review of her application during this appeal, confer with experts in the area of dance, consider coursework that demonstrates knowledge, skills and abilities that include critical thinking, reading comprehension, oral comprehension, oral expression, written comprehension, to determine whether or not Appellant meets the minimum qualification requirement of graduation from an accredited college or university with a baccalaureate in urban planning, geography, architecture, engineering, political science, sociology, economics, public administration, or a related field. That is the recommendation. Is there a motion from the Board to concur with recommendation? Page 6 Merit Appeals Board MR. KUNZ: So moved. MS. DE SOTO: Second. March 10, 2022 ACTING CHR. VENTURA: It has been moved and seconded. Is there any further discussion? If not, I will call for a vote starting with Ms. De Soto. MS. DE SOTO: Aye. ACTING CHR. VENTURA: Ms. Mathews. MS. MATHEWS: Aye. ACTING CHR. VENTURA: Mr. Kunz. MR. KUNZ: Aye. ACTING CHR. VENTURA: Mr. Ventura—aye. Motion carries. And a written decision will be issued. So, now we can move on to the next item on the agenda. MS. FURMAN: Thank you, everyone. I think this matter is over. I'll be leaving the meeting at this point. MR. KUNZ: Thank you, Amanda. ACTING CHR. VENTURA: Thank you. RECESS: The meeting recessed at 12:32 p.m. RECONVENE: The meeting reconvened at 12:36 p.m. in open session. ACTING CHR. VENTURA: Okay. I see that the Chair is present, so I'm going to at this time relinquish the chairman's duties to Chair Cabanas: MR. KUNZ: Thank you, Mel. MR. VENTURA: Thanks, everyone. Page 7 Merit Appeals Board Director's Report (Item 7) March 10, 2022 a) Performance Appraisal System Update; b) Legislative Update; c) Negotiations Update; d) HR Staffing Update CHR. CABANAS: Thank you, Mel. Okay. So we are in open session. Chair Cabanas has resumed her duties at 12:36 p.m. in the Hilo Council Chambers of the Hawaii County Building at 25 Aupuni Street. On the agenda, we are now on Number 7, "Director's Report" and we have Mr. Waylen Leopoldino here to provide us his report. So, go ahead, Waylen. (At this time, Mr. Waylen L. K. Leopoldino, Director, Human Resources Department, came forward.) MR. LEOPOLDINO: Thank you. Waylen Leopoldino, Director of Human Resources. Good afternoon, Chair Cabanas, and Members of the Merit Appeals Board. a) Performance Appraisal System Update MR. LEOPOLDINO: The first item that I have on my "Director's Report" is our "Performance Appraisal System." This was a project that was carried over from the previous director and I'm happy to announce that effective March 1st the new system, which includes revised new policies and procedures and a new performance appraisal form has been instituted. Training has been underway since February 1st for all new supervisors on how to utilize the new form. And I want to share—had asked our Human Resources Manager, Jenny Sakamoto, for a quick report so I could share that with you. So, to date, we've trained 326 supervisors responsible for utilizing this performance appraisal form. We still—we're about halfway there to complete the training. Jenny is providing that training by herself, so she's got a big undertaking. I asked her to provide me with some feedback that she's been getting. Overall, the feedback's been very positive. And I think we were, kind of, anticipating that because departments were using a lot of different forms, which could get confusing and hard to be consistent. So, I'm the departments are very pleased with the new form. Many of the participants—supervisors in the training have actually reached out to Jenny letting her know how happy they are with the new form. So, hopefully, this trend continues and we can get—this is a better system for everybody to use. Page 8 Merit Appeals Board March 10, 2022 The training not only covered the policy and the form but it also provided basic information on why a performance evaluation system is in place. The HRS really doesn't go into detail as to what the requirements—specific requirements are in doing performance appraisals. It, basically, just says that we have to do an annual evaluation on all of our employees. So, we have the flexibility to put in place what we feel is—what works for our County. And they've been very pleased with the additional training on, not only how to use the form, but how to effectively complete a performance appraisal form. So, that's working out very well. Our department has committed to provide regular check -ins with the supervisors, just so that they don't feel like this is something that we're just throwing on them. We're going to provide them regular check -ins and opportunities for feedback. Because, as I mentioned to Jenny, if this is something that we need to pivot on at some point, we can do that. That—so, basically, that's where we're at with the performance appraisal form and policy and procedure. Any questions with that? CHR. CABANAS: I have one, Waylen. MR. LEOPOLDINO: Sure. CHR. CABANAS: So, you said 326 supervisors were trained, you're halfway through the training. So, are the 326 from a wide spectrum of the departments? MR. LEOPOLDINO: Yes. I wouldn't say it's heavily weighted on one department `cause that would kind of concern me. Well, I do want to say Public Works—certain of the—certain Big 7 departments take an active interest in the performance appraisal system. So, a lot of these departments really push for training of their employees and supervisors. So, we did get a huge group from Public Works part of that 326. But, otherwise, it's pretty—it's dispersed among all departments. Their—all departments have, kind of, a vested interest. So, we're seeing responses from all departments. CHR. CABANAS: Okay. So, if the policy and procedures implemented, the form is institutedso, likeso, let's say for police, which is a big department, fire—another big department—how do you ensure the process is being equitable if only certain supervisors—let's say, those two departmentsI'm getting the training and others are not. You know what I'm trying to say? Is it equitably moving forward among all the supervisors and is there an internal timeline for police? Is there an internal timeline for fire? Especially those two departments because they operate under like semi -military procedures, yeah, their setup is that way—especially for them. How is it moving equitably moving forward for those two departments especially? Page 9 Merit Appeals Board March 10, 2022 MR. LEOPOLDINO: So, before I get into that, I just want to mention that police department— and epartmentand I'll tell you why the Chief and I had an extensive discussion. The Police Department was carved out of this only because the Police Department is required to meet certain standards. They're accredited they're an accredited organization by GALEA. And so, the current performance system that they have in place is within the standards of the police department. And so, the Police Department is carved out. And it's because they hold their—and I can share the policy and procedures with you all. But we really made it easier for the departments, especially, with blue-collar workers—blue-collar supervisors. But the police department is held to a much higher standard because they carry firearms, because they're apprehending criminals, and they're transporting criminals—and that also includes their support staffs, which includes the Communications Division. So, the Chief and I, we talked about it. And, for now, the Police Department is carved out of that system. And once you see the new form that we've rolled out, you'll understand why it does not incorporate everything that is really important in a police department. MR. KUNZ: Waylen, is it my understanding that the rollout date or implementation would reach a point where all supervisors by then, would equitably be trained and ready to implement? MR. LEOPOLDINO: I'm sorry, Charlie, could you repeat that? MR. KUNZ: Yeah. Is it my understanding that the rollout date for actual implementation would be after all supervisors are trained so that it being equitable to all supervisors having access instead of just some supervisors that might start having to do appraisals when they all should be doing appraisals. So, would the rollout date be the issuedI guess the issue date to roll it out, all the supervisors would be trained by then? MR. LEOPOLDINO: Correct. We are, kind of, in a transition period and until the supervisors are trained they cannot use the new form. So, we're working—it's just because there are just too many supervisors that have to get trained, we just couldn't get to them. So, there is a transition period that we're working with and we have one trainer. But we did want to—we are, kind of, delayed on the rollout because I believe the rollout was supposed to have been at the end of last year—and we didn't want to hold it back. So, we're kind of in a transition period but I understand the equitable piece that we're trying to work with because we have some supervisors that are trained and the ones that are not—cannot use this form. MR. KUNZ: Okay. So, I guess, you're answering part of my question. So, the ones that are trained can use it. Page 10 Merit Appeals Board March 10, 2022 MR. LEOPOLDINO: Correct. MR. KUNZ: And the ones are not trained, obviously, cannot use it. MR. LEOPOLDINO: Correct. MR. KUNZ: But if they are needing to do an appraisal, like, next month on someone and they haven't gotten trained, they would be kind of falling behind on their obligation to—or responsibility of doing the appraisal—if they're not trained in—on a timely basis. MR. LEOPOLDINO: Right. So, my understanding is that those that had to get appraisals done right away were put in as a priority to be trained so that they can use the form. But until they're trained, they cannot utilize the form. MR. KUNZ: Thank you. MR. LEOPOLDINO: Sorry, Gabe, do you want to restate your second part of your question? CHR. CABANAS: Okay. `Cause I'm a little confused now. MR. LEOPOLDINO: Okay. CHR. CABANAS: Because you said police was carved out for GALEA, which is their MR. LEOPOLDINO: Their standards. CHR. CABANAS: Their standards. MR. LEOPOLDINO: Yes. CHR CABANAS: Police standard, which they strive they're certified. They're CALEA certified. In order to get certified they had to go through a whole bunch of rigorous standards to get that certification. They had that for a number of years already. So, okayI kind of lost my train of thought here. But you said the new form cannot be used until they are trained. Is that Countywide? MR. LEOPOLDINO: Yes, that's correct. CHR. CABANAS: Okay. MR. LEOPOLDINO: I do want to let you know to attach to my comment about the police police is looking at their form as well. And I've offered my assistance when they get to that point with re -doing their form to incorporate everything that the CALEA standards require but, as of right now, they're not changing their form. Page 11 Merit Appeals Board March 10, 2022 CHR. CABANAS: Okay. Now that adds another perspective then, because they're not—they're still going to use that CALEA form? MR. LEOPOLDINO: Correct. CHR. CABANAS: And then, they're going also use this new form? MR. LEOPOLDINO: No. The Police Department is not using this new form. CHR. CABANAS: Okay. So, it's just going be the CALEA form? MR. LEOPOLDINO: Well, the form that police currently has you know all departments has their own form—so the form that police is using is what they submit to CALEA as part of their standard. So, they're not going to change that. CHR. CABANAS: Right. MR. LEOPOLDINO: Yeah. CHR. CABANAS: But then, they're going to be using your new form? MR. LEOPOLDINO: No. They're not going to use the new form, but they're considering updating their form. CHR. CABANAS: Oh, I see. MR. LEOPOLDINO: Yeah—at a later date, which to which I had offered our assistance. CHR. CABANAS: Okay. So, is police the exception? MR. LEOPOLDINO: Police is the only one. CHR. CABANAS: Oh, okay. That wasn't explained—okay, I get that now. Does anybody has other questions? MS. DE SOTO: I have a few quick questions, `cause I'm curious. CHR. CABANAS: Go ahead. MS. DE SOTO: So, is there some kind of formal documentation from HR saying, like, just to affirm and say, "Yes, we are accepting this in -lieu of." MR. LEOPOLDINO: Yes. We—it's actually written into the policy. MS. DE SOTO: Okay. Page 12 Merit Appeals Board MR. LEOPOLDINO: Yes. MS. DE SOTO: I was just curious how it's done. Thank you. CHR. CABANAS: One more question. MR. LEOPOLDINO: Sure. March 10, 2022 CHR. CABANAS: Okay, I'm sorry—`cause I'm just kind of thinking through this through. MR. LEOPOLDINO: Sure. CHR. CABANAS: So, they're using their CALEA form, they're thinking of updating it or amending it, right. Are they still going through the training provided by Jenny? MR. LEOPOLDINO: Yes. We are offering because, as I mentioned, the training offered by Jenny also discusses why it's important to do a performance appraisal system. So, yes, it is—it's not mandatory for them only because that performance evaluation training is offered outside of this process. But through this process, we have included police so that they can send their supervisors because the discussion about training on how to do a performance appraisal would apply to their form as well. CHR. CABANAS: Okay. Thank you. MR. LEOPOLDINO: You're welcome. MS. MATHEWS: So, piggybacking on what Gabe said earlier—she, initially, discussed police and fire because they're large departments and they're held to hire (inaudible)—fire is also held to a higher standard. MR. LEOPOLDINO: Mm-hmm. MS. MATHEWS: So, fire should have fallen through the cracks in terms of how that works or are they just fine migrating over to your new system? MR. LEOPOLDINO: Yeah. Fire was okay with using the new form. And police—one of the parts of police is that they're—GALEA is like an accreditation body that, kind of, guides them in their operations. And so, this form is used as a standard submitted to CALEA for police. CHR. CABANAS: Okay. Any other questions? Okay, Waylen, you can proceed. Page 13 Merit Appeals Board March 10, 2022 b) Legislative Update MR. LEOPOLDINO: Moving on to the "Legislative Update," I kind of wanted to bring you all up to speed as to where we're at tracking certain bills that may affect us in Human Resources. So, we're actually working with the Employer group, which includes all HR directors from the State of Hawaii tracking specific bills that are currently going through the House and Senate. The first one is House—Senate Bill 2705. Senate Bill 2705 actually was proposed to reinstate the Public Employee Compensation Appeals Board. And what that does is it sets up a board that their sole purpose is to hear re -pricing grievances from members within bargaining units. That becomes a problem because the way House Bill 20—Senate Bill 2705 was written, the required number of members is heavily weighted on the unions end. If I remember correctly, it was 13 union members to 7 employer representatives. So, just in that setup alone it's problematic for all employers because it'll be in favor of the pricing. And so, they would have the authority to move forward any pricing grievances. And if it was denied by the employer, basically, we would go through 89, which allows them to go through the arbitration process. This would add a third layer of re-pricing—the opportunity to grieve re -pricing because we already have it built in where re -pricing is brought up through the negotiations process. So, this almost be like a double -whammy for the employer because unions can come in at the negotiations process and they can now go through this board to bring up re -pricing grievances, which would have a tremendous impact on employer budgets—and it would be a significant impact. So, that's kind of the gist of the senate bill. I did submit testimony against Senate Bill 2705. And Senate Bill 2707 is very similar. Senate Bill 2707 proposes that the unions may submit a grievance for re -pricing directly to the employer and has 30 days to respond. And, if no agreement is met within 90 days of the filing of the grievance, then we go—it's considered an impasse and we would also go through arbitration. So, that's even another—it's adding another opportunity for members to come in and grieve their compensation. So, thisI also submitted testimony against Senate Bill 2707 as it would there will be significant impacts on the employer. The third bill that I wanted to bring up is Senate Bill 2018, I'm sure you all are familiar with is the increased minimum wage, which we're tracking very closely. Although this bill excludes government entities, as you know, we're all having a difficulty with recruitment—having positions in the County that pay less than minimum wage is just going to add to that. Page 14 Merit Appeals Board March 10, 2022 So, we're tracking that very carefully because, just for your information, I'vewe do have classes of work in the Bargaining Unit 3, our clerical group they're getting paid SR-08—zero eight. We have 14 employees that minimum that pay is $15.92. Bargaining Unit 3, SR -10, which we have 77 employees—minimum—the hourly wage is 16.92; SR -11 in BU3, we have 89 employees—$17.58 an hour. We're okay with the other bargaining units, however, with the increase in the minimum wage, it will cause an inversion effect on all salaries. And so, we're very mindful of that. The employer group is watching it closely and we're going to be having more and more discussions on that. But I wanted to let you know those are the three main bills we are tracking because it will have an impact on us as an employer. CHR. CABANAS: I have a comment and a question. MR. LEOPOLDINO: Sure. CHR. CABANAS: Because—yes—increasing the minimum wage impacts the salary schedule, especially the starting step for all bargaining units and for the bulk of the bargaining units— bargaining—except for maybe BUl the minimum qualification requirements are such that they have to have graduated high school, have to have so many years of experience. And so, the salary schedules have historically been set up to reflect that. And the Bargaining Unit 1, I think is you can correct me if I'm wrong, if my memory is not serving me right—but I think Bargaining Unit 1 is the only bargaining unit with no salary steps? MR. LEOPOLDINO: Correct. CHR. CABANAS: Right. So, they only have one step and that's the step the person stays on. MR. LEOPOLDINO: Correct. CHR. CABANAS: So, if they increase the minimum wage, I would think that the employers would look at all salary schedules because it's not right to have minimum qualification requirements and these individuals are now reaching or encroaching is a better word encroaching the salary step the minimum salary step of a bargaining unit. That's not right. These individuals have worked for education and experience to get that salary. In the private sector they're getting minimum wage, but a lot of these are service occupations—kitchen, food service, housekeeping—maybe some custodial/maintenance type of work, fast-food type of work. And soI don't know, that just doesn't sit right. It's likeWaylen, in your previous comments to the Board you said "value the employees" yeah. How do you value the employees and the other employers—how do they value the employees if we allow this to occur? Because then, you are really going to have a retention problem. Page 15 Merit Appeals Board March 10, 2022 MR. LEOPOLDINO: Mm-hmm. CHR.CABANAS: Yeah. I just need to, kind of, state that. MR. LEOPOLDINO: Yeah, I agree. CHR. CABANAS: Because it's nice to give everybody a minimum pay raise but there's also the other side of the coin. And I don't know how the other Board members feel but I'm going to just open the floor so, if you have comments or concerns that we can individually and collectively express it to the director because then when he meets with the employer group, then he can also relay collectively our concerns. `Cause it shouldn't be just the concern from one individual, it should be from the Board itself. But, anyway, I yield to my fellow Board members. Charlie? MR. KUNZ: Yeah, I had a couple comments and I guess a question. Waylen, the numbers that you had read earlier from Unit 3 and the salary of those particular SR ratings, were the numbers—were the salaries at the beginning of those SR ratings schedules that you were reading the 15.92 and etcetera. MR. LEOPOLDINO: Yeah. Those are the entry MR. KUNZ: The entry-level. MR. LEOPOLDINO: The entry -levels. MR. KUNZ: Okay. And then, the numbers that you recited—were those numbers the numbers that are at that level now or total in that group? MR. LEOPOLDINO: They were total and the reason why I brought that up is because it's going to cause compression for everybody else. So, I don't know the exact numbers—who are at that entry step. MR. KUNZ: So, it kind of wouldn't matter if they're at the beginning of that schedule MR. LEOPOLDINO: Correct. MR. KUNZ: or a few steps higher. MR. LEOPOLDINO: Correct. MR. KUNZ: `Cause it'll impact MR. LEOPOLDINO: Yes. Page 16 Merit Appeals Board March 10, 2022 MR. KUNZ: Okay. And then, I guess, the other question I had wasI guess you can answer or not answer it I guess but are there—do you know of any or have you had any discussions with the mayor in terms of the impact of salaries and where these funds come from, should they affect the entire County. MR. LEOPOLDINO: I've been in discussions with council members, our finance director—and I—yes, I have mentioned that to the Administration. And so, right now, because this has just come out and we just started having discussions, I don't have anything substantial to provide. But, as discussions do go on, the Administration will definitely be a part of that because our finance director will have to—should we make that decision—we will have to find the funds. MR. KUNZ: So, there's awareness, obviously. MR. LEOPOLDINO: Yes, absolutely. I think Senate Bill 2018 is, kind of, at the top of everybody's minds, just because we're a small community and it kind of affects everybody. So, it was interesting that I did read the testimonies that were provided and it's very divided. The small business—because we're just coming out of COVID, they're worried about having to close down to meet the minimum qualificaI mean, the minimum wage requirements. But then, there's also another group that feels to earn a living wage in Hawaii that's required. MR. KUNZ: Okay. Thank you. I guess, obviously, the timing of it when it was on the books coming out and afterI mean, and it still being an issue post-COVID—just the timing of it has, I think, impacted more businesses and communities than it was if it came out— MR. ut MR. LEOPOLDINO: Right. MR. KUNZ: was adhered to if COVID didn't exist. MR. LEOPOLDINO: Right. MR. KUNZ: —would be very difficult. Okay. Thank you. MS. MATHEWS: I'd like to echo, again, what Gabe was saying. I happen to be a big fairness person and I watch all these various recruiting things that are going outside of the County and listen to employees. And there's there needs to be, sort of, an equitable distribution amongst everybody. And, of course, I also get the flipside of this because I don't know if you've tried to run the numbers yet as to what this would have—what kind of an impact this is going to have on the County because we're talking about big bucks by the time they get—if they were to follow my thinking in terms of what equitable should be. You don't have a number at all about what that might look like, do you? Okay. So, it's too early? Okay. But, again, I agree, that it shouldn't just be about raising the there's a—like care homes are doing these recruitment for—or hospitals—are doing recruitments for, like, nurses, Page 17 Merit Appeals Board March 10, 2022 et cetera, and they're offering them this great signing bonus of you get $10,000.00, if you sign on. But what about the person that's been there forever and they get zip, and they're the ones that have been loyal and they watch this (inaudible). And so, that's sort of front and center and I am concerned that we don't pay attention to that. And I'm not shooting you. I'm—it's just MR. LEOPOLDINO: (Inaudible.) MS. MATHEWS: Yeah, okay. Good. MR. LEOPOLDINO: Yeah. No, you're fine. Oh, itoh, yeah, I totally agree in equity. And even if we don't get up to the minimum wage, I do feel like an evaluation needs to be done for our pay. But, as we move on in more discussions, I'll be including our finance director because they're great at pushing out numbers when we need to actually calculate what—how we're going to be hit. So, thank you. CHR. CABANAS: One last comment, if no one—Kate, you have one? Go ahead. MS. DE SOTO: I have one more. Just regarding encouraging you to keep in mind the messages that are being sent to the employees and appreciating the fact that you are recognizing the human aspect of this and the, quote, "incidental messages" that are sent to employees, if the County lags behind, if this bill moves forward. So, thinking about—separate from the finance piece—how do you actually have those conversations with employees to send messages of value and acknowledge the conflict that this is causing or could potentially cause. MR. LEOPOLDINO: Thank you. CHR. CABANAS: And I'd like to add to that. It's also emphasizing to the finance director and the Administration because even like for Bargaining Unit 3, I believe their salary schedule is not much higher than BU . And the BU3 employeesI'm just thinking about them categorically, they have minimum qualification requirements way higher than BU employee positions. So, I just want them to be mindful of all of that, especially when we're talking about valuing employees and attracting quality applicants in a highly competitive market right now. The East Hawaii market is way different from the West Hawaii market historically. Page 18 Merit Appeals Board March 10, 2022 So, the West Hawaii employers—Charlie knows that—and probably Mel and even Gay—in their own capacities when they were hiring. West Hawaii positions were way harder to fill because you have people getting hired by the hotel industry at different salary rates. So, I just kind of want to encourage the employer group to be mindful of all of that because this is a long-standing problem—long-standing. I have a few more comments but I'm going to wait till you finish your report. MR. LEOPOLDINO: Oh, okay. CHR. CABANAS: Then I'll bring it up. MR. LEOPOLDINO: Just a couple of just a story that I heard on the West Hawaii side where business are business owners or even management from hotels are actually dining in restaurants poaching these workers these wait staff say, "Hey, I'm going to—I can offer you $24.00"I mean, it's real. So, yeah, I totally understand and I'm on the same page. But even beyond this conversation, if you folks think of anything that can help me in my discussions with the employer group, feel free to email me or reach out to me so I can have further discussions with them and incorporate some of these great things that you guys are sharing with me. So, thank you. CHR. CABANAS: Waylen, on that note, I'd just like to get our legal counsel because I don't want the Board to violate any Sunshine Laws but if—okay, so this is a good discussion that we're having now. We're providing input to the director on different issues in the director's report. But what would be the proper protocol, J, for us to address or provide input to Waylen. Is it okay to email him individually? MR. YOSHIMOTO: No. CHR. CABANAS: No? Okay, well, I'm glad I asked to protect the Board. MR. YOSHIMOTO: So, yeah—Board business needs to be done in a open meeting of the Board unless it's something that's deemed to be confidential. So, yeah. So, what we're doing now is the perfect forum. CHR. CABANAS: Okay. So MS. MATHEWS: So CHR. CABANAS: Oh, go ahead, Gay. Page 19 Merit Appeals Board March 10, 2022 MS. MATHEWS: So, just to be clear, if we are having a one-on-one discussion but it has to do with employment—that suddenly makes it a Board issue? MR. YOSHIMOTO: No. Okay. Everything depends upon the facts and circumstances. So, when you ask for a general recommendation as to how the Board should conduct its business the answer will always be you do it in an open meeting of the Board, subject to exceptions, right. So, there are exceptions. Like, if you formed a Permitted Interaction Group, then two members could be assigned to a certain task to assist, say, HR the HR director with certain tasks things like that. That can be done. In that instance, you could have outside communications outside of a meeting. So, everything is subject to different types of situations. So, in terms of this discussion we're having here, I think this is the best method and forum. Now, if the Board wants to do or take additional actions and there's ways the Board can do it. But generally speaking, this is the best way to do it. Does that help, Gay? I don't mean to make it more complicated than it needs to be. MS. MATHEWS: Basically, the answer is "no." MR. YOSHIMOTO: Well MS. MATHEWS: It means that if I have a brainstorm at midnight, I go, "Wow, this might be interesting (inaudible)". So, I'm okay. MR. YOSHIMOTO: Well, because when you the purpose of the Sunshine Law is to open up governmental processes to public scrutiny, right. MS. MATHEWS: Right. MR. YOSHIMOTO: So, that's why if you have a private conversation that is Board business that is not being done in open meeting, then the public doesn't know. Of course, like I said, there are exceptions to that. We can find a way to do it, if that's what the Board wants to do. CHR. CABANAS: Okay. So, let's get back to what we're doing here. Thank you, J, `cause you answered my question. Let me say this, that's why important—it's important I was going to bring it up, but I'll bring it up now. That's why it's important, Waylen, now you're the Director of HR. Okay. And so, I know a lot of times the director's report is on the agenda but, in the past, like, it's been like none. But I think going forward, now that you are the director—could you kindly submit a director's report every time we meet. Page 20 Merit Appeals Board MR. LEOPOLDINO: Sure. March 10, 2022 CHR. CABANAS: And if you're not here, then I know you don't have a deputy, yet right? MR. LEOPOLDINO: No. CHR. CABANAS: So, if you don't—in the absence of a deputy—if you have a deputy then that person could come in your absence in you're away at negotiations. But in the absence of a deputy and in your absence, if you're away, could you send one of the managers to give your director's report? MR. LEOPOLDINO: Yes. CHR. CABANAS: Okay. That way, we keep engaged with you. MR. LEOPOLDINO: Sure. CHR. CABANAS: Because the Board, actually, as the appointing authority of the director, needs to or should know what's going on. We're not really here to give you to micromanage you. I think everybody would agree with that. But we need to know some of the major issues that the department is facing and—let me ask J—are there ways that the Merit Appeals Board could help the director and/or the department? MR. YOSHIMOTO: In doing? CHR. CABANAS: So, let's say—let's take the recruitment issue right now because that's pretty much on the forefront. So, we're having this discussion, we're asking questions. Is there a way or let me backtrack with my question. So, let's say Waylen is facing something major with recruitment. Can the Merit Appeals Board provide suggestions to the director or is that over -stepping our boundaries? MR. YOSHIMOTO: I think the Merit Appeals Board has the discretion to provide input CHR. CABANAS: Suggestions? MR. YOSHIMOTO: Suggestions, right? CHR. CABANAS: Okay. MR. YOSHIMOTO: You wouldn't CHR. CABANAS: I mean MR. YOSHIMOTO: Yes? Page 21 Merit Appeals Board March 10, 2022 CHR. CABANAS: It's still at his discretion. MR. YOSHIMOTO: Correct. CHR. CABANAS: to accept it or not. Okay. BecauseI don't know about the others but when we are out and about, people know that we are on the Merit Appeals Board that individuals may be approaching any of us providing comments or even suggestions or just making comments. And that has even occurred with me. They know I'm on the Merit Appeals Board, they know I've worked for the department many yearsso, they'll tell me something. So, I guess what I'm trying to say the exchange of ideas that we're now having is productive and to please take it constructively. MR. LEOPOLDINO: Sure. CHR. CABANAS: And, again, if there's any way that we can help—whatever it might be we'll pass it through our legal counsel `cause that's why J is here—and see if that's something we can do to support you and the department—'cause that's, basically, what we should be doing, yeah? MR. LEOPOLDINO: Yeah, great. Thank you. CHR. CABANAS: So, just kind of—our questions is so that we understand and then maybe we can be of little help. I don't know—some help to you folks. And I'll yield in caseCharlie, you wanted to say something? Go ahead. MR. KUNZ: I just wanted to underscore, I think, Waylen, a couple of things going back to the minimum wage and other employers poaching other employees on the West side. And I don't I can't even remember if it was almost 18 or 20 year ago, I had to—or more than that actually managed the Kona office before I managed the Hilo office. And back then, Pizza Hut closed and only did drive-thru and 7 -Eleven was bringing in employees from Maui. And this was, like, 25 years ago. So, it's still very prevalent issue. I did want to have one thought thrown out for all of us to remember that one of the things with civil services jobs, State and County, is the compensation through the fringe benefit rate. And that is another area that maybe doesn't quite translate into the minimum wage, but the usually the fringe benefit rate is rather high—and that marketing of that with recruiting people is one selling point. But I can understand that the wage part becomes an issue. But a lot of times, I think, for other employers fringe the fringe benefits can't even compete with the civil service jobs. So, I mean, there's a tug and pull with this as well and it's how you, I think, couch it, that that allows for a recruiting fiasco or recruiting bonus. But I just wanted to make sure that we Page 22 Merit Appeals Board March 10, 2022 understood that part of the expense, too, will translate into fringe benefits the rate—costing the County more if salaries go up as well. MR. LEOPOLDINO: Can I add to that real quick? So, in addition to the fringe benefits, it's also other benefits that are not out there. For example, the Tuition Reimbursement Program that the County has. So, that's one example of some of the other benefits that we offer that other employers don't and which we, kind of, really focusing in on. Just so that we let everybody know that the way the compensation might not be as high as these other employers, but we do offer all these other great benefits. Thank you. CHR. CABANAS: Okay. Any other comments from Board members? Okay. Okay, Waylen, you are on—well, you were on MR. LEOPOLDINO: 7B. 0 Negotiations Update CHR. CABANAS: Now you're going to 7C. MR. LEOPOLDINO: 7C. CHR. CABANAS: Negotiations—so but we, kind of, touched upon it, but go ahead. MR. LEOPOLDINO: That's going to be a short report only because I can't due to confidentiality. I can't share much. But I do want to just let you know where we're at. Bargaining Units 1, 2, 3, 4, and 13 have a two—currently are in a two-year contract with a one- year reopener. Bargaining Units 11, 12, and 15 are in interest arbitration. So, those are the three bargaining units I'm currently working on. In fact, next week, I will be on Oahu atten—all week attending arbitration hearings for BU15, which is our Water Safety Officers. But that negotiations have been consuming most of my time and it's also a learning process for me as well. So, that's kind of where we're at with negotiations. So, I can answer general questions but, like I said, due to the confidentiality of the process I can't go into details. CHR. CABANAS: Any Board member have any questions? Mel, I'm sorry, do you have any questions about negotiations or even any of the other items under 7 -Number 7, "Director's Report." MR. VENTURA: No questions. CHR. CABANAS: No questions. Okay. Okay, Waylen, you may proceed. Page 23 Merit Appeals Board March 10, 2022 d) HR Staffing Update MR. LEOPOLDINO: The next item on the director's report "HR Staffing Update"I can't remember if I mentioned it at the last meeting, but we brought on Danny Patel as our EO and ADA Manager. I think I did the presentation `cause we hadn't filled that position at that time when we did the presentation. So, Danny came on board in December—December 16''. So, that filled our last manager vacancy that we had. And, at some point, I'd like him to have that same opportunity for him to come in and meet you all and do a quick presentation on all the great stuff he's already been doing. We have two vacant positions that are not filled at this time in our Transactions or Administrative Services Division, we have an HR Tech, vacancy. I've administratively assigned that position to Recruitment through June 30'h as Recruitment is needing assistance. They are bombarded with applications that need to be screened. They need assistance with conducting written exams. It's been very, very busy in Recruitment, `cause a lot of positions are—although they're on "continuous" they get a lot of applications but many of the applications we get are for people that really are not qualified, but the applications still have to get screened. Our Workers' Compensation Division has a Work Comp. Specialist III position, which I administratively assigned to Labor. We brought that down to an HR Specialist L We're going to be assigning it Labor to assist with all the grievances we've been getting to help the Labor manager bring all that stuff down and all the paperwork and things in order for that division. We were awarded—we put in a proposal for a Safety Specialist I for that upcoming fiscal year to be assigned to our Health and Safety Division. I'm sure if you remember Ryan Chong is the Manager there. The addition of the Safety Specialist will assist in facilities inspections islandwide, increase in driver training, increase in equipment and safety trainingso, we're going to expand the program there. We also put in a request for an HR Specialist Ia permanent HR Specialist I for our Labor Division. With the COVID-19 and with everything going on, we've seen an increase in grievances, which is kind of overwhelming for the Labor manager, so this HR Specialist will be assigned, if we do get the position—will be assigned to Labor. And, as of right now, Labor is there's one person just the Labor Manager managing that Division. Then we have an HR Assistant that will share the clerical duties for both Labor and Recruitment. Let's see, that's all the main pieces to our HR staffing. We are running short on space significantly running short on space. We just built out a new cubicle in our office. But, as of right now, we're pretty maxed out. We need the help but we're maxed out. So, we're trying to be creative so that we can have the appropriate staff and support. That's all I have for our staffing update. Page 24 Merit Appeals Board March 10, 2022 CHR. CABANAS: Any Board members, any questions on the staffing. MS. MATHEWS: I have a quick question. You've mentioned all the grievances twice. What it sounds like there's an increase. Are they strictly COVID related and they're just going to go away naturally as COVID goes away or are people just bitchier and grumpier or—could you expand a little on what that is. MR. LEOPOLDINO: I'll say Option B. I won't repeat what you said but I'll say Option B. And I don't know if it is specifically related to COVID. It's just that during this period we've just seen an uptick—and it's not only in COVID related, it's a wide variety of things—and it's not only one department. So, I don't know if it's just the increase in stress because of COVID and the environment that we're in now but it's a wide range of grievances that I've seen in many of our departments. It's not just one department. I think it's over a bunch of different departments. MR. KUNZ: In youroh, I'm sorry, go ahead. MS. MATHEWS: So, are you guys playing whack -a -mole or is there something where you think that you can affect a change where you're not having to deal with as many of these? MR. LEOPOLDINO: No, absolutely—with the grievances have that have, like, this common theme to it—we'll address it. If whether it's training, whether it's meeting with the department, whether it's workflow, whether it's going in and doing a position audit to determine that the person is not working out of class. So, we de evaluate the grievances that come in. But, for the most part, it's not those types of grievances. It's a lot of personality -type issues. So, it's a wide -range. But for the ones that we feel that we, in HR, can assist with—assist the department with to address before it even gets to that point—we do look at those things. MR. KUNZ: I just wanted to comment. Have you seen grievances in past changes in Administrations when directors, deputies, mission statements change—and everyone else that's been in the department, has been there for several—well, a couple Administrations—and then now there's more proactivity, there's more demand, the workload increases. And so, long- standing employees feel frustrated and can't get a handle on the expectations—new expectations or something like that? MR. LEOPOLDINO: I think, in general, we get grievances related to those specific issues. There—when there's a change in management, there's a change in supervision, there might be a re-org. and the employees working in certain divisions will now have a new supervisor, a new directorso, the department has a new vision, a new objective, new goals—which would conflict with those that might have been in place for so many years. Page 25 Merit Appeals Board March 10, 2022 I think we do get a steady stream of those. And, in cases like that, we would work with the department on change—management training for example. So, I would say "yes" but I think recently over the last year, I've kind of—we're kind of experienced different types of grievances. I can't say there's a trend in one area but—yes, definitely, we do get grievances related to those issues. MS. DE SOTO: I'll make a comment just on the wellness piece. If there's—have you guys thought about any way to boost some of the wellness components for the employees because one of the impacts of COVID and then hearing what Charlie says about changes in Administrations people's ability to be flexible has really reduced in the last couple years, just psychologically, right. And so, thinking about how do you, as HR, encourage resiliency, flexibility, praise the behaviors you want to see, right just to help the County employees of the whole being more resilient. MR. LEOPOLDINO: I'm glad you brought that up because employee well-being has been at the top of the list and part of this whole increase in the quit rate. A lot of employee value wellness programs and wellness opportunities in the workplace. So, that's definitely on—and I think I mentioned that at a previous meeting that that was one of my projects as deputy director under Bill—was to do some type of wellness program because I feel it directly ties into retention, recruiting. I already initiated discussions with Blue Zones because they not only focus in on diets and reci all these fun recipes and things like that. It actually goes in deeper and they talk about mental health and all these other things. So, we're excited to partner with Blue Zones. It's just—we have to get there. But wellness is definitely a priority and part of this whole discussion. Thank you for bringing that up. MR. KUNZ: Waylen, does the County have a EAC? MR. LEOPOLDINO: Is it like an EAP program? MR. KUNZ: Yeah. MR. LEOPOLDINO: Yeah, we do. MR. KUNZ: Employee assistance Page 26 Merit Appeals Board March 10, 2022 MR. LEOPOLDINO: Yeah. So, we do have a contract with Employees Assistance of the Pacific. And all em—and that's another benefit I mentioned "benefit" we allow for free visits to one of the EAP counselors to all of our employees. And then, if EAP—if for those of you who are unaware they provide non -work-related support whether it be issues at home, alcoholism private matters that can't really be discussed at work. We offer this opportunity for employees to reach out to an EAP counselor. They'll work with the employees. And, if further support is needed, they'll work with—on a transition plan to get a more regular counselor to work with that employee. So, yes, we do have a contract with an EAP provider. CHR. CABANAS: Mel, do you have any questions for Waylen? MR. VENTURA: No questions. CHR. CABANAS: Okay. Thank you. Anyone else have questions for Waylen? MR. KUNZ: Before we close because— CHR. CABANAS: Oh, I have some questions. MR. KUNZ: Oh, no—okay, you go. CHR. CABANAS: No, no, go ahead. MR. KUNZ: J clarified that if we're going to make suggestions we should do it in an open body and I totally agree. And before I lose this thought, I've been jotting this down and you guys may have thought about this already. But—and I wish there's some place that you guys can find monies that don't violate anything where you can do a 30 -second professional commercial like HECO does—showcasing the fresh talent, showcasing the jobs really quick—and I just don't want to say young talent, but you want it to be fresh—I'll just use the word "fresh"—and that during that spot, you can showcase student loan forgiveness and tuition reimbursement, or the EAP, and stuff like that. But in that commercial spot—and I'm not sure who you tap—whether it's information specialist with the mayor or somebody that is like-minded that the recruitment thing is a priority that has to, kind of, be showcased differently. And this commercial is not something that's online where very little people go and look. But it's actually money that's well spent that's during the news on that the 6 p.m. news that's a commercial sometime during then. But something like that, that might cost a lot but I think might have huge exposure and yield probably a lot of good, hopefully, recruiting people in. Okay, that's all I want to say. Page 27 Merit Appeals Board March 10, 2022 MR. LEOPOLDINO: I'm so glad you brought that up because I totally missed one huge part of the staffing. I was approved for an HR Project Coordinator contract position through the end of this year. And we interviewed this person and he's accepted. He is going to be—he's going to work in all—it's a position that's going to crossover all of our divisions to incorporate diversity, equity, inclusion. Two main deliverables we want in this contract is he's going to be working with the mayor's office. The mayor's office has a Public Relations Specialist and I don't know if you guys know Barrett Otani, but he's another Executive Assistant for the mayor that's what they're great at is doing commercials and videos and promoting the County. So, this position is actually going to be working with the two of them. We've already started discussions. We've already, kind of, did storyboards. So, that project has already, kind of, started. So, they're going to be working on developing a commercial -like setup where it's going to be highlighting the County to promote all of the things we, kind of, discussed today—why it's great to work for the County, giving back to the community—highlighting all of these non - monetary type benefits for working for the County. And so, that's going to be a project that's going underway relatively quickly. The second piece is a major job fair sponsored by the County. This person will help facilitate one in Hilo and one in Kona by the end of this fiscal year. I was actually going to do a presentation on it, more formally, as we flesh that out once this person is on -board. But there's other projects like social—we've already started working with LinkedIn. We're going to be looking at other social media venues. So, it's actually a big project and I'mI purposely didn't go into it here because I want to present more formal in the future, but we did get a person and that's exactly what we're going to be doing. So, thank you for reminding me, Charlie. MR. KUNZ: You're welcome. And I think when we all see these commercials that are local commercials that go around the State they're extremely polished. Not something that we have a local producer on a low budget. I mean, something you have to spend money on to highlight everything from the movement to who's present doing it, and then the type of jobs in the the narrative, the voice—everything that has everything to do with usI mean, it appealing to the public. And I think it's something that, in 30 -seconds, can be captured and super beneficial for, I think, recruitment. Thanks, Waylen. MR. LEOPOLDINO: Yeah. And we're really excited about that project, `cause it's something fun for our department to look forward to as well. So, thank you. Page 28 Merit Appeals Board March 10, 2022 CHR. CABANAS: Okay. If there's no other comments or questions. Yes, I was going to ask you about that because a number of things. About three Sundays ago, there was a ad in the Tribune-HeraldI don't know about West Hawaii Today but I'm sure it was there. I think I counted about 42 open -continuous recruitments. Now, I haven't seen that until that one particular day. And then, it didn't run again, the subsequent Sunday or even this more recent Sunday. But, I have to say, I was pretty shocked because I don't think we've ever had 42 open -continuous recruitments. MR. LEOPOLDINO: Yeah. CHR. CABANAS: Some of them have been, historically, difficult to fill—like, the civil engineer positions, you had a couple other engineers—but what struck my eye was account clerk and the Pana`ewa Complex Recreation Administrator—`cause that's an EM position. And there were a couple others that, kind of, caught my eye that, historically, have not been difficult to fill. The thing with all of that is I go back to Charlie's thing because actually, yes, for having that many continuous recruitments, then you need a social media blitz. Not only LinkedIn but Facebook. We have a Facebook Jobs account that was created many years ago. You can do it on Instagram. I noticed Public Works—because I'm Facebook friends with the Public Works person, she put out a social media posting about the Public Works Job. And I was thinking, "Okay, great that she did that"—but then, why aren't we doing that across- the-board because your manager, the Recruitment manager, has the capability to do that even now. MR. LEOPOLDINO: Right. CHR. CABANAS: And the blink of a second or two to post it out and get it out. And she can do a boost—you might have to pay a little bit—but to get that our via social media. MR. LEOPOLDINO: Mm-hmm CHR. CABANAS: We have done television ads on KGMB where it's just banners and then you can choose what times you want it done to catch peoples' eyes and attention. But there's a whole bunch of things that you can do. So, I was just surprised that there was a contract because, typically, that's work performed by a civil servant—typically. MR. LEOPOLDINO: Right. CHR. CABANAS: For you to have that contract, I'm assuming you went through the appropriate channels to get that approved. But that's, typically, done by the manager - Page 29 Merit Appeals Board MR. LEOPOLDINO: Correct. March 10, 2022 CHR. CABANAS: to perform the marketing strategies. So, I was kind of surprised with that. The main thing I want to say is especially because the 42 or 43 jobs were posted continuously and the HR Recruitment Coordinator contract hire was advertised that that actually should be— have been brought up to the Board before it appeared. Because when I saw it, I was to be honest I was taken aback. I was, "What is that?" Because there was no mention of that prior to us meeting. So, that's why the importance of us having the monthly reports and—if it's not confidential with sharing with the Board, if you can kindly do that so we all know, "Oh, this is already being planned and it's coming down the pike"—kind of thing. Yeah. But, yeah, I think a very strong media blitz and marketing is really essential at this point. Can you explain to the Board what happens when you get an applicant—let's take a Pana`ewa Administrator recruitment. MR. LEOPOLDINO: Mm-hmm. CHR. CABANAS: Let's say you get 10 applicants today. And out of the 10 only one person meets the minimum qualification requirements. Can you explain to the Board what happens with that one person that's now qualified. MR. LEOPOLDINO: So, this would be an open recruitment? CHR. CABANAS: Yeah. MR. LEOPOLDINO: Okay. CHR. CABANAS: The continuous ones. MR. LEOPOLDINO: Okay. CHR. CABANAS: I want them to sense the flow of what's happening now where the staff is screening the application and now you have someone that meets the minimum qualification requirements what are you doing with that one qualified—even it's only one—what are you doing with the one qualified individual. MR. LEOPOLDINO: So, the one qualified—so all the positions advertised under "continuous" any time we get any qualified application at any point, that person is referred right away to the department especially now. Page 30 Merit Appeals Board March 10, 2022 There's no waiting and the—and that's, kind of, the reason why Recruitment needs that help and that's why administratively I assigned position to help because staff are continuously monitoring all 42 positions and referring as soon as we get qualified individuals that's, kind of, the directive we're working on right now. CHR. CABANAS: Thank, Waylen. So, go a little further—so let's say the hiring department gets one. A reasonable sized list is a list of three qualified applicants. That hasn't changed, right? MR. LEOPOLDINO: It's actually five. CHR. CABANAS: Well, five MR. LEOPOLDINO: Yes, five. CHR. CABANAS: constitutes a list— MR. ist MR. LEOPOLDINO: Yes. CHR. CABANAS: but if they have three names, that constitutes a reasonable sized list, right? MR. LEOPOLDINO: Correct. CHR. CABANAS: So, even if they only have one qualified application or two qualified applicants, they can hire. MR. LEOPOLDINO: Absolutely. CHR. CABANAS: They can interview and they can hire. MR. LEOPOLDINO: And we encourage that. Yes. CHR. CABANAS: Right. But if they have four applicants, then what? Can you explain that to the Board? Four are referred to that position. MR. LEOPOLDINO: Right, CHR. CABANAS: Three constitutes a reasonable sized list. Cany they say, "Oh, no, I don't want any of them." MR. LEOPOLDINO: No, they can't. CHR. CABANAS: Okay. MR. LEOPOLDINO: So, let me just clarify Page 31 Merit Appeals Board March 10, 2022 CHR. CABANAS: I just want you to explain MR. LEOPOLDINO: Right. CHR. CABANAS: so that they know. Yeah. MR. LEOPOLDINO: So, we haven't changed it. What it—still less than five five or more constitutes the reasonable sized list. So, what Gabe is saying, if we get 6 in this case the department has to interview all six. CHR. CABANAS: Isn't it three? Three constitutes a minimum of—for a reasonable sized list. Five is a list, right? MR. LEOPOLDINO: Yes. CHR. CABANAS: That hasn't changed, right. MR. LEOPOLDINO: Yes, that hasn't changed. CHR. CABANAS: Yeah. Okay. MR. LEOPOLDINO: Yes. So, if they get four, they have to interview all four. They don't have the option of returning, if it's less than that reasonable sized list. CHR. CABANAS: Even if the recruitment is continuous. So, in other words, HR will continually refer applicants—qualified applicants to that hiring department until they fill that vacancy. Even if they only refer one applicant and the hiring department interviews, and they are satisfied with that applicant, then—hey, the recruitment is closed, right, Waylen? MR. LEOPOLDINO: Yes. CHR. CABANAS: And they hire the individual. But, let's say, they interview three applications, yeah, and they're not satisfied for whatever the reason they don't select the three. Then what? It's still continuous, right. MR. LEOPOLDINO: Correct. CHR. CABANAS: Yeah. MR. LEOPOLDINO: Yes. CHR. CABANAS: But they've done their good faith effort— MR. ffort MR. LEOPOLDINO: Right. Page 32 Merit Appeals Board March 10, 2022 CHR. CABANAS: in contacting the three referred applications, interviewing them, and now saying, "Okay, HR, we want more applicants." So, that's how it works with an open continuous recruitment. MR. LEOPOLDINO: Correct. CHR. CABANAS: So, the staff has to really juggle MR. LEOPOLDINO: Yes. CHR. CABANAS: It's like they're in a big stove and they're going from one burner to the other burner, each burner is reflecting a continuous recruitment that the staff member is assigned to. Right? MR. LEOPOLDINO: Mm-hmm, that's correct. CHR. CABANAS: Yeah. MR. LEOPOLDINO: And it's actually a treat if we can get three applicants for those 42 so yeah. So, it'll be nice to get three. CHR. CABANAS: Okay. Thank you. MR. LEOPOLDINO: Yes, you're welcome. CHR. CABANAS: I just wanted MR. LEOPOLDINO: No problem. CHR. CABANAS: I just want them to MR. LEOPOLDINO: Sure. CHR. CABANAS: —sense what's happening with all the juggling of the different recruitments that the staff have to go through. MR. LEOPOLDINO: Sure. CHR. CABANAS: Okay. I think that's about it. Any other questions for Waylen? Gay, you have one? Go ahead. MS. MATHEWS: I have one. And it's actually, it's not for Waylen, necessarily, it's actually for J. So, I get this whole Sunshine Law thing, but with Gabe was talking about where there are, sort of, "Oh, this surprise" in the newspaper—and say it happens between meetings. Page 33 Merit Appeals Board March 10, 2022 Can he send an email out to us to keep us updated on things like that so that we got—so we're aware of things that—because I never let my board ever be surprised. They get emails. So, going back to what she was saying, is he allowed to just send—as long as he does it to all of us can he do that? MR. YOSHIMOTO: Yes. Because in that situation, he'll be providing informational updates to the Board, which the Board—as long as you don't discuss it amongst yourselves via email—you just receive the information, then you can wait till the meeting—in the next meeting to discuss it. Yeah, that's fine. CHR. CABANAS: Should he do it through Glynis, the secretary, rather than the director sending it to all Board members? MR. YOSHIMOTO: Yeah, that'll be better. Yeah, procedurally. CHR. CABANAS: I think that's a better protective flow that—'cause even if I need something checked—like, if I want something—if I, like, for today, I asked if Danny Patel could come but he couldn't come—so—'cause I wanted him to meet the Board and the Board meet him. So, he couldn't come. But I didn't submit my request to Waylen. I submitted my request to our secretary and then she did the legwork to see if he could come. So, we always channel it through the secretary. And I don't know if there's other board—since we're talking about itcan we talk about Board protocols? `Cause it's not on the agenda. But it's just a matter of what the protocol is. So, we should go through Glynis, likewise, Waylen will go through Glynis, and then you can send—she will send us an email. It's not the—it's the important things, to keep us apprised. It's not the day in the real MR. LEOPOLDINO: Well, I guess, I have a questiona follow-up question to that. So, let's say I do disseminate the information through Glynis—and what if one of the Board members have a specific question, thenI mean, Ido I respI mean, how would that work? MR. YOSHIMOTO: I would advise the Board not to have separate discussions unless that's something that's already been authorized by the Board, right. So, in other words, it should be a one-way conversation between meetings, right. MR. LEOPOLDINO: Okay. MR. YOSHIMOTO: So, that's why I would, typically, would be like in your report—that you would update the Board as to MR. LEOPOLDINO: Oh, okay. Page 34 Merit Appeals Board March 10, 2022 MR. YOSHIMOTO: (inaudible) you worked on, right. The situationI guess, the scenario that I'm hearing is if it's something that's not expected, that somehow the Board is—it's important for the Board to know right away. I don't know what that is but, again, same thing—the recommendation would be that it's still a it's just an update, "Here, this is the status of Senate Bill 2180" MR. LEOPOLDINO: Mm-hmm. MR. YOSHIMOTO: or whatever it is, right. But then, again, Waylen, you got to use discretion there because if it's not urgent or time is of the essence, I would just put it in your report. MR. LEOPOLDINO: Right. MR. YOSHIMOTO: As are a regular update, right. MR. LEOPOLDINO: Right. Yeah, I think that's what I would normally do. Unless it was something big. CHR. CABANAS: Yeah. MR. LEOPOLDINO: Yeah. CHR. CABANAS: I guess, what I'm trying to say is I think our Board we're—we are being proactive. Weso, it's like, if you were working on this contract, like, couple months ago, the that should be—maybe reported that, "Oh, this, like, what we're thinking about"—and then, okay, when we saw it in the paper, then we wouldn't be surprised kind of thing. So, it's not like after -the -fact, it's this is what we're working on. So, if you're going to working on a social media blitz with television, radio, Na Leo—okay, so that would be in your monthly report. "This is what we plan to do maybe down the road" just the way you mentioned about the job fairs that you're going to be working on. So, something like that, so we can anticipate, "Oh, okay, by end of June—June 30'', they're going to have two job fairs—one in Hilo and Kona" we see it in the newspaper, we hear it on the radio"Okay, that's what our HR Department is in charge of 'so something MR. LEOPOLDINO: Sure. CHR. CABANAS: something along those lines. Yeah. MR. LEOPOLDINO: Okay. CHR. CABANAS: Yeah? Page 35 Merit Appeals Board MR. LEOPOLDINO: That works. March 10, 2022 CHR. CABANAS: Okay. Anyone else—questions for—Mel, any questions? No. Okay. Okay, Waylen, unless you have anything else for the Board. MR. LEOPOLDINO: No. I think that's all I have. CHR. CABANAS: Okay. So, thank you so much. MR. LEOPOLDINO: Thank you. Thank you all. MS. MATHEWS: (Inaudible.) CHR. CABANAS: Oh. MR. LEOPOLDINO: No. CHR. CABANAS: I have one question. MR. LEOPOLDINO: Oh—maybe now CHR. CABANAS: Okay. So, okay, you don't have a deputy director—can I ask him that without—it's not on the agenda. MR. YOSHIMOTO: It's not on the agenda, right. CHR. CABANAS: But it's under staffing. Can? MR. YOSHIMOTO: Go ahead. CHR. CABANAS: Okay. So, any plans for the deputy director under your staffing update report? MR. LEOPOLDINO: Yeah. So, there'sI want to put some thought into it, especially going through this negotiations process. I really want to understand my needs. And this position is really going to be someone that would fill my role in my absence. So, I really need to put some thought into it before making that decision. And so, even with that role, it's very difficult to find someone. But I am considering—once I get through this arbitration, I am going to put more thought into it. But, right now, I'm comfortable and I think I can manage for now but that decision will have to come soon. I agree. CHR. CABANAS: Okay. Page 36 Merit Appeals Board MR. LEOPOLDINO: And I did forget to put that in my staffing report. CHR. CABANAS: And then, you'll let us know, right? MR. LEOPOLDINO: Yes, absolutely. CHR. CABANAS: You'll let the Board know. MR. LEOPOLDINO: I will let you know. March 10, 2022 CHR. CABANAS: Okay. Thank you so much. Okay, Waylen, thank you very much. MR. LEOPOLDINO: Thank you. Thank you, all. Schedule Next Meeting Date (Item 8) CHR. CABANAS: Okay, so our next item—agenda—is scheduling the next meeting. Glynis did poll all the Board members individually. And so, we're looking at April 8, at 10 a.m., in the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, Hilo. So, if we can all mark our calendars to that. Adiournment (Item 9) CHR. CABANAS: And, at this point, may I have a motion for adjournment? MS. MATHEWS: So moved. CHR. CABANAS: May I have a second? MS. DE SOTO: Second. CHR. CABANAS: Thank you. Moved by Gay and seconded by Kate to adjourn today's meeting. Is there any discussion? If not, I'll do a rollcall vote. I'm going to start with you, Mel—motion to adjourn. MR. VENTURA: Aye. CHR. CABANAS: Kate. MS. DE SOTO: Aye. CHR. CABANAS: Gay. Page 37 Merit Appeals Board March 10, 2022 MS. MATHEWS: Aye. CHR. CABANAS: Charlie. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried. All five Board members voted aye to adjourn today's meeting at 1:49 p.m. Thank you, all. Respectfully submitted, V 1 ' OA) GlynisI atnad.I ecretary-Reporter APPROVED: c){Cal LW a 11/1 . ea her/lei s,--- Gabriella M. Cabanas, Chair Merit Appeals Board Page 38