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HomeMy WebLinkAbout2022-04-08 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii April 8, 2022 (Friday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 10:04 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 Friday, April 8, 2022. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair (via Zoom) Mr. Charles Kunz, Member Ms. Gay Mathews, Member Absent and Excused Ms. Kate De Soto, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Mr. Waylen L. K. Leopoldino, Director, Human Resources Department Mr. Danny B. Patel, Deputy Director, Human Resources Department Mr. Tyler Benner, County Auditor, Office of the County Auditor 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 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. Merit Appeals Board Call to Order (Item 1) April 8, 2022 CHR. CABANAS: Good morning, everyone. The regular meeting of the Merit Appeals Board is called to order on April 8, 2022, at 10:04 a.m. We have quorum with four Board members present. I'm Gabriella Cabanas, Chair, of the Merit Appeals Board. Our other Board members are Mr. Mel Ventura sitting in via Zoom from Kailua-Kona. Good morning, Mel. MR. VENTURA: Good morning. CHR. CABANAS: Good morning. And here with me in the Council Chambers at the Hawaii County Building, at 25 Aupuni Street, in Hilo, are our Board members Ms. Gay Mathews and Mr. Charlie Kunz. MS. MATHEWS: Good morning. MR. KUNZ: Good morning. CHR. CABANAS: Good morning, Gay and Charlie. Our other Board member, Ms. Kate De Soto, is absent today. So, she is excused from today's meeting. Also present in the Council Chambers with us are our Assistant Corporation Counsel, Mr. J Yoshimoto. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: Good morning, J. Also with us our Secretary -Reporter, Glynis Yamada. Good morning, Glynis. MS. YAMADA: Good morning. CHR. CABANAS: Also with us, Relley Araceley, from the Office of the County Clerk. Good morning, Relley, thank you for all that you do because he staffs the computer equipment to ensure we have Zoom capability. Also with us is Ms. Amanda Furman, our Deputy Attorney General, sitting in via Zoom from Oahu. Good morning, Ms. Furman. MS. FURMAN: Good morning. CHR. CABANAS: And also sitting in the Council Chambers is Mr. Tyler Benner, County Auditor. Good morning, Tyler, thank you for coming. And so, without further ado I'd like to move on to the agenda items. Page 2 Merit Appeals Board April 8, 2022 Addendum to Agenda (Item 2) CHR. CABANAS: There is no "Addendum to the Agenda." Statements from the Public (Item 3) CHR. CABANAS: And no "Statements from the Public." Unfinished Business (Item 7) Communication No. 22-02, From Amanda Furman, Deputy Attorney General, Transmitting The Findings Of Fact, Conclusions Of Law (FOF COL) And Decision And Order Concerning Communication No. 21-04, 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. Based On The Foregoing Findings Of Fact, Conclusions Of Law And Order, The Merit Appeals Board Remands The Instant Recruitment Back To The Human Resources Department To Conduct A More Thorough Review Of The Appellant's Application. Board Action Required: Approval Of FOF COL (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) CHR. CABANAS: At this time, I'd like to address the Board members. Ms. Furman has informed our secretary that she's available only until 10:30 this morning. And it is 10:06 now. She there is a matter on the agenda, which is Item number 7 dealing with Communication 21-04.11. This is a matter that I have recused myself last year and it—so it is on the record. And if the Board would please entertain the matter so that we can move up this item and take it now. And if you willing to do so—are you willing to do that Gay and Charlie—if it's okay with both of you? MR. KUNZ: Yes. MS. MATHEWS: Yes. CHR. CABANAS: And, Mr. Ventura, is it okay with you for us to move it up? MR. VENTURA: Yes. Page 3 Merit Appeals Board CHR. CABANAS: Okay. And so April 8, 2022 MR. YOSHIMOTO: So, Madam Chair, recommend the motion to take Item number 7 out of order. CHR. CABANAS: Okay. MR. YOSHIMOTO: And take a discussion and a vote. CHR. CABANAS: Okay. Thank you, Counsel. So, at this time, may I have a motion to take Item number 7 out of order so that—and that matter will be turned over to Mr. Mel Ventura, our Vice -Chair, who will serve as Acting Chair because I have recused myself from this matter. So, may I have a motion to take this—Number 7, out of order. MS. MATHEWS: So moved. MR. KUNZ: Second. CHR. CABANAS: Thank you. Motion made by Gay and seconded by Charlie to take Number 7 out of order. I'll start with a rollcall vote. Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR .KUNZ: Aye. CHR. CABANAS: Counsel, can I vote on it because I'm recused? Can I vote on it? Should I vote on it or abstain? MR. YOSHIMOTO: You should abstain. CHR. CABANAS: Okay. For the record, the Chair abstains because I am recused from this matter. Motion has been carried. So, at this time, I will turn it over to Mr. Mel Ventura, who will serve as Acting Chair over Item number 7, and I will leave the Council Chambers along with Mr. Yoshimoto. Ms. Amanda Furman is the legal counsel, for the record, for the Merit Appeals Board when there is an appeal. So, Mr. Yoshimoto is leaving the room along with me. Thank you very much. Page 4 Merit Appeals Board April 8, 2022 (At this time, Chair Cabanas and Mr. Yoshimoto exited the Council Chambers.) MS. YAMADA: Hi, Chair Ventura, everyone left. Okay, to proceed. Communication No. 22-02, From Amanda Furman, Deputy Attorney General, Transmitting The Findings Of Fact, Conclusions Of Law (FOF COL) And Decision And Order Concerning Communication No. 21-04, 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. Based On The Foregoing Findings Of Fact, Conclusions Of Law And Order, The Merit Appeals Board Remands The Instant Recruitment Back To The Human Resources Department To Conduct A More Thorough Review Of The Appellant's Application. Board Action Required: Approval Of FOF COL (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, may I have a motion for the Board to enter executive session? MS. YAMADA: Excuse me, Chair Ventura, it's my understanding that if there is no discussion, then you can go ahead get a motion, a second, and vote whether to approve on this matter. But, if there is discussion, then a motion is needed to go into executive session. ACTING CHR. VENTURA: Okay. So, at this time, may I have a motion to approve the Findings of Fact, Conclusions of Law and Decision and Order concerning Communication number 21-04. MR. KUNZ: So moved. ACTING CHR. VENTURA: Is there a second? MS. MATHEWS: Second. ACTING CHR. VENTURA: Is there any discussion at this time? If not, then I will take a vote. Ms. Mathews. MS. MATHEWS: Aye. ACTING CHR. VENTURA: Mr. Kunz. Page 5 Merit Appeals Board April 8, 2022 MR. KUNZ: Aye. ACTING CHR. VENTURA: Mr. Ventura—aye. The motion is carried. MS. YAMADA: Excuse me, Chair Ventura, just for the record, Kate De Soto is absent and excused from the vote today. ACTING CHR. VENTURA: Okay. Yeah, let the record reflect that Ms. De Soto is absent and excused; and that Ms. Cabanas has recused herself. MS. FURMAN: Okay, thank you everyone. If it's okay if I could be excused from the meeting at this point unless there's anything else for me. ACTING CHR. VENTURA: Does anyone have any questions for Amanda? MR. KUNZ: No. MS. MATHEWS: No. ACTING CHR. VENTURA: Okay. Thank you, Amanda. MS. FURMAN: Thank you, everyone. Stay safe. (At this time, Chair Cabanas and Mr. Yoshimoto returned to the Council Chambers.) CHR. CABANAS: Okay. This is Chair Cabanas speaking. It is 10:13 a.m. and Mr. Yoshimoto and I have returned to the Council Chambers. Mr. Ventura, do we—does he need to turn anything over back to me or MR. YOSHIMOTO: You can just mention, for the record, that you've reassumed the role as Chair. CHR. CABANAS: Okay. Thank you, Counsel. So, first of all, I want to thank Mr. Ventura for serving as Acting Chair on this matter. I appreciate that. We could manage the matter under your leadership as Chair and with the fellow Board members. So, thank you for doing that. Page 6 Merit Appeals Board Approval of Minutes (Item 4) April 8, 2022 October 29, 2021 (Regular Session); October 29, 2021 (Closed Hearing Re Comm. No. 21-04); November 19, 2021 (Regular Session); November 19, 2021 (Closed Hearing Re Comm. No. 21-04); December 2, 2021 (Regular Session); December 2, 2021 (Closed Hearing Re Comm. No. 21-04) Review of Executive Session Minutes November 19, 2021; December 2, 2021 (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4, 92-5(a)(2) And92-5(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) CHR. CABANAS: I am now back in the Council Chair and we will move on to the other items on the agenda. And so, we are now on Number 4, "Approval of Minutes"—and we have a large amount of minutes that are listed here. October 29h, 2021, the regular session; October 29h, 2021, is a closed hearing but I'm going to have Mel read that, right? Okay, so I'm going to stick only to the regular session minutes meeting minutes—and Counsel has advised me to do that with Mr. Ventura reading the closed hearing minutes and the executive session minutes. And the reason is because I have recused myself on this matter that—regarding the appeal dealing with this matterCommunication number 21-04. So, let me start over again. So, we're going to approve the minutes for the regular session meetings—October 29, 2021; November 19, 2021; and December 2nd, 2021. So, have the Board members reviewed the meeting minutes and is there a motion to accept and file the meeting minutes for the dates I have read. MS. MATHEWS: So moved. CHR. CABANAS: Thank you, Ms. Mathews. Is there a second? MR. VENTURA: Second. CHR. CABANAS: Thank you. So, there's a motion made and seconded to approve the meeting minutes for the regular session of October 29, 2021; November 19, 2021; and December 2nd 2021. We'll start with a rollcall vote. Mr. Ventura. MR. VENTURA: Aye. Page 7 Merit Appeals Board CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. April 8, 2022 There are four ayes. Motion carried to accept and file the meeting minutes for the dates that I have just read. At this time, I'm going to turn it over back to you, Mr. Ventura, to read the approval of minutes for the closed hearing sessions and the executive session minutes. ACTING CHR. VENTURA: Okay. Thanks. J, can I entertain one motion for everything or do I need—would I need to entertain two separate motions? MR. YOSHIMOTO: No, you can do one motion as long as there's no objections from the Board members, which I do not believe there will be. ACTING CHR. VENTURA: Okay. So, for Item number 4, "Approval of Minutes" the October 29h, 2021, closed hearing, regarding Communication number 21-04; for the November 19d', 2021, meeting regarding same communication, Numbered 21-04; and the December 2nd 2021, closed hearing regarding Communication number 21-04; and also for the executive session minutes of November 19d', 2021, and December 2nd, 2021—may I have a motion for approval and filing of these minutes? MR. KUNZ: So, moved. ACTING CHR. VENTURA: Is there a second? MS. MATHEWS: Second. ACTING CHR. VENTURA: Is there any further discussion? If not, then I'll call for a vote. Mr.I'm sorry, Ms. Mathews. MS. MATHEWS: Aye. ACTING CHR. VENTURA: Mr. Kunz. MR. KUNZ: Aye. Page 8 Merit Appeals Board April 8, 2022 ACTING CHR. VENTURA: Mr. Ventura—aye. Motion is carried. MR. YOSHIMOTO: So, Mr. Chairman, just real quick. So, for the record, Ms. De Soto is absent and excused. ACTING CHR. VENTURA: Thank you. MR. YOSHIMOTO: Oh, and Ms. Cabanas has also been recused from the matter and the previous vote, I think, Ms. De Soto was also absent and excused just for the record. CHR. CABANAS: Okay, we're good? MR. YOSHIMOTO: Chair Cabanas can re-assume— CHR. CABANAS: Can re -assume. Okay, thank you. Thank you, Mr. Ventura, for doing that. Communications (Item 5) Communication No. 22-01, From Tyler J. Benner, County Auditor, Office Of The County Auditor, Transmitting The "Department Of Human Resources Hiring Practices Follow - Up, Report No. 2022-01" Dated February 7, 2022. States They Have Completed Their Follow -Up Audit Of The County Of Hawai`i's Department Of Human Resources (DHR) Hiring Practices Report No. 2017-03, Dated September 7, 2017. (Their Objective Was To Determine If DHR Implemented The 2017 Hiring Practices Audit Recommendations. In Their Follow -Up Audit They Tested And Found Five Recommendations Were Completed And Three Were Resolved) CHR. CABANAS: We are now on Number 5, "Communications." Mr. Benner is here to conduct a presentation before the Board. Is that correct, Mr. Benner? Okay, so if you could approach the dais. (At this time, Mr. Tyler J. Benner, County Auditor, Office of the County Auditor came forward.) CHR. CABANAS: Okay. And Ms. Yamada reports that our Director of Human Resources is on his way also to hear the presentation. We can do a little pause while we wait for Mr. Leopoldino. RECESS: The Chair called for a recess at 10:20 a.m. RECONVENE: The meeting reconvened at 10:25 a.m. CHR. CABANAS: Okay. The regular meeting is back after pausing for a few minutes. We are now at 10:25 a.m. I am Chair Gabriella Cabanas, along with our three other Board members— Page 9 Merit Appeals Board April 8, 2022 Ms. Gay Mathews, Mr. Charlie Kunz—here with me in the Council Chambers—and Mr. Mel Ventura, appearing via Zoom from Kailua-Kona. We are now on Item number 5, Communication number 22-01. May I have a motion to accept and file Mr. Tyler Benner's report on the "Department of Human Resources Hiring Processes Follow-up Report, Number 2022-01," dated February 7, 2022 (SEE ATT. A). MR. KUNZ: So moved. CHR. CABANAS: Thank you, Mr. Kunz. May I have a second? MS. MATHEWS: Second. CHR. CABANAS: Thank you, Ms. Mathews. Motion made and seconded to accept and file Communication number 22-01, from Mr. Tyler J. Benner. At this point, I think we will proceed with the presentation by Mr. Benner. So, you may proceed, Tyler. MR. BENNER: Thank you very much. Good to be with you, Members, the Merit Appeals Board. My name is Tyler Benner and I'm with the Office of the County Auditor. I'm presenting follow-up of our original Human Resources Hiring Practices Audit, the original Report Number 2017-03 was published September 7, 2017. Our follow-up Report Number 2022-01 began November 2021 and concluded in January 2022. The purpose of today's presentation is to provide this body with information regarding the steps for the Department of Human Resources or we may refer to it "DHR" took to resolve the original audit recommendations. Unfortunately, our lead auditor for the engagement, Maxinne Pacheco, could not be here today. So, I'll answer her questions as available and anything that I'm not able to, I may have to research and provide follow-up via email. CHR. CABANAS: Okay. Thank you, Mr. Benner. But before we proceed, I failed to introduce or acknowledge our Director of Human Resources and his manager from the EOA—ADA Coordinator. So, we have Mr. Waylen Leopoldino, the Director of Human Resources, along with Mr. Danny Patel, present, to hear your presentation. So, you may proceed. MR. BENNER: Wonderful. Thank you. Okay. So, looking at our Table of Contents, I need to first draw a quick note about an apology there's a discrepancy there. I know on their 7 recommendationswe, actually, have 8 recommendations in our slides and in these—in this audit as well as a conclusion slide that didn't capture that. So apologies for that. We found that 5 of the items that were recommended in the original audit were completed and this means sufficient and appropriate evidence was available to support all aspects of the recommendation. We found the remaining 3 were resolved—and this means an alternative solution was implemented and fully addressed the findings or the risks. Page 10 Merit Appeals Board April 8, 2022 So, just a very brief background. The issue central to the original audit had to do with the creation of the Staffing Review Committee or SRC. This body, which consisted of the department head, a designee from the mayor's office, and the human resource director created conditions which allowed the SRC to exert undue influence in and throughout the hiring process and this led to credible complaints of unfair hiring practices. Recommendations in the following slides are based on what we found. So, "Recommendation 1" well, the Staffing Review Committee has already been eliminated. We recommend the Office of the Mayor, the Department of Human Resources—ensure that hiring selection rests solely with the appointing authority and prevent preferential treatment of new hire candidates. This may include updating policy and procedures, County Charter and/or the County Code. In December 2019, DHR revised the Rules to refer the top 5 applicants plus high scores—"Rule of five"—for open -competitive recruitments that replaced referring the entire list. Registration recruitment is selected through a random generator. Ten applications are randomly selected using this method. There's duo control in place. This replaced using the skillset evaluation criteria. The appointing authority determine the hiring method—and this eliminated the Staffing Review Committee entirely. To verify the status, we tested the "Request to Fill" process and found no exceptions. We found "Status 1" to be completed. "Recommendation 2," we further recommend that the Office of the Mayor and the Department of Human Resources consider implementing an independent "whistleblower program and system" to allow anonymous complaints to be reported. I'm going to provide a couple of subsequent slides to explain this a little bit. But we consider this "Status" as "Resolved." And so, the Office of the County Auditor is an independent office free from the influences of either the Legislative or Executive Branches of government. In January 2022 OCA implemented a "fraud, waste and whistleblower (abuse) hotlines"claims can be made either in-person, over the phone, through email, or by filling out our online forms. We've had each one of these options—we've had at least one claim made through each one of these mediums. Individuals can be assured that our claims are treated confidentially. OCA staff are trained to research the claims. All staff complete statements of independence to be mindful of potential conflicts of interest. Our staff is also going to be attending an Association of Trade Group association meeting in Dallas in May. And we have meetings scheduled to work with a couple of our counterparts who have mature programs in place to continue our development as well as some educational programs that—some modules that will be offered as part of that to help enhance our understanding and handling of those issues. Page 11 Merit Appeals Board April 8, 2022 Regarding the education—OCA distributed brochures Countywide in January 2024—or excuse me January 24h. OCA published an HR audit report and brochure on February 7h. We worked with Personnel and Organizational Development Division to provide fraud, waste, and abuse information for New Hire Orientation. We've presented HR the HR audit report and fraud, waste, and abuse programs to Council on in March 9h. OCA published its first quarter results via a dashboard into our website as promised to this body and we are scheduled to present at the DHR Human Resources Quarterly Workshop on April 12'h next Tuesday. I've just provided you with a quick screenshot of our online form. We've received a number of tips through the form. A well-documented issue takes about three -and -a -half to five -minutes to fill out. Regarding the "Analytics" piece. We informed the MAB Board that we would create a statistics page to provide for additional transparency and accountability after the first quarter of the year. In keeping with that promise, this hotline statistics dashboard is available on our websites. Statistics will be updated quarterly. And I just want to explain to this group of individuals that we have the ability to incrementally refresh that dashboard and keep it live if we wanted. But in the interest of protecting the confidentiality of people making those claims, we prefer to have a long leg in doing that. As of today, we've received 15 tips consisting of various subject matter. We have not received any that would fall squarely into the human resources responsibility. So, thisI understand that this body is focused with a very specific function. But I would just say that this between these two lines, we're capturing a very large breadth of issues. And we've seen a lot of value come out of it so far and we look forward to continue to explore where that's going to take us. Some of our counterparts, I think, when we were considering and researching thisHonolulu, for example, said that they were running into all sorts of issues with potholes being reported. We've not had one of those issues. We contacted one of our mainland counterparts they said that they deal with a lot of Craigslist deals that go bad. We have not had any of those issues. So, what we found is that our issues are our issues. And that is why we are in a development period. We're calling it a "pilot" but we want to assure this body that is going to be a permanent program. The pilot is just so that we can gather and analyze data regarding where those complaints are coming from, what they address, and what kind of time and manpower inputs are needed in order to address them. All right. So, Recommendationexcuse me. Why don't I pause on that just because I know that there was a lot on it. Does this group have any questions up to this point? MS. MATHEWS: I have two. CHR. CABANAS: Go ahead, Ms. Mathews. Page 12 Merit Appeals Board April 8, 2022 MS. MATHEWS: The first is on you don't have slide numbers on here. On the Analytics, under Mass Transit Agency, it shows "declined" on the third item. How does somebody decline something that would fall in here? MR. BENNER: So, an issue is brought forward, for example, one question that we ask is, "Do you have"—and I'm not saying that this is necessarily bad but when somebody comes to us, one of things that we ask them is, "Have you filed a union grievance?" If it is an issue that would speak to a union grievance and we're told, "No." But then, when they actually report the issue, we find out that that's a "yes." And so, we wouldn't be in the business of duplicating efforts or establishing parallel process to existing pathways. And so, in that case, we declined the engagement and asked them to keep in contact with us pending that outcome of that to determine if there's more work to be done. That's just one example. CHR. CABANAS: So, in other words, you got to re-route it, right? MR. BENNER: Right. CHR. CABANAS: To the appropriate venue. MR. BENNER: Well, in this case, it was an out of order operations. So, it was the grievance was already filed. So, it—we shouldn't have been drawn on at all while that was in process. MS. MATHEWS: And my second question, actually, goes back to the first under the "Remediation" number "1." When you're talking about testing, could you describe what—how many people are involved in your testing, what your ratios are, et cetera. So, are you looking at three? Are you looking at 100—and over a body of what? MR. BENNER: Let me continue the presentation and, perhaps, I might address that in a future slide. If I haven't, then I will definitely attempt to. MS. MATHEWS: Thank you. MR. BENNER: All right. CHR. CABANAS: Can I ask a question? MR. BENNER: You bet. CHR. CABANAS: So, for the first two listed—Environmental Management and Finance—it says, "County" but not fraud, waste, or abuse—what does that mean? MR. BENNER: I'm sorry, I don't have the spreadsheet in front of me at the moment. Page 13 Merit Appeals Board April 8, 2022 CHR. CABANAS: `Cause it says, "Disposition County, but not fraud, waste, or abuse"so, I'm taking it like it's a County matter but it doesn't fall within the criteria for fraud, waste, or abuse? MR. BENNER: Yes. That is exactly the case. CHR. CABANAS: Okay. MR. BENNER: We would definitely investigate something where a supervisor is abusing their power or authority but we wouldn't get involved in, say, interpersonal conflict between two co- workers. If that makes sense. CHR. CABANAS: Yes, it does. MR. BENNER: So, we—and these are the type of issues that we're vetting a lot of and we don't fault anybody. I don't want to say anything that would prevent somebody from making a phone call. We want to encourage those phone calls into the line. But we are in, kind of, an education curve here where they're not sure if we're the correct pathway to go to. So, they come to us and we're doing our best to assist them into some of those mediums that may already be established. And so, if there's some improvement opportunity in the future to disposition these in a way that helps to educate better—we'll certainly look at making those kind of changes. But we also have to offer at such a high level that it doesn't tie back to the individual making the complaint. CHR. CABANAS: And then, for the two that are listed "Not Substantiated" that falls on what you've just described? MR. BENNER: Yes. Well—no. That would be something where they've made a claim that the evidence actually shows otherwise once we've began that investigation. There's—again, we can't comment on the investigations that we've pursued. But what we're talking about there is somebody claims that they went through the hiring process and that they checked all the boxes and they did everything that they were supposed to do to establish, say, candidacy. In fact, we find out that it's turned in after the positions' closed. It's not turned into the right people. There's missing documents. There's required certifications that were to accompany that application that weren't on file. And so, although he claim is made, it's not substantiated. So, we're happy to take and look at those things because it only takes one failure, but that's what we've found in the investigation of those particular claims. CHR. CABANAS: And the respondent understand that? MR. BENNER: Sometimes they do and sometimes they don't. I mean, just being honest— human onesthuman nature—some folks they want to ring lots of doorbells and see who answers. And what Page 14 Merit Appeals Board April 8, 2022 we ask is follow the process, ring the first doorbell, and get your answer. And if it's not an appropriate answer, then elevate. So, that's what we're, again, trying to educate them or trying to achieve that curve. CHR. CABANAS: Okay. Thank you, Mr. Benner. Any other questions for Mr. Benner? Mr. Ventura, do you have any questions for Mr. Benner. MR. VENTURA: No questions. Thank you. CHR. CABANAS: Okay. Thank you, Mr. Benner, you may proceed. MR. BENNER: Sure. Thank you. Okay. So, "Recommendation" number "Y' we recommend the Department of Human Resources develop and implement policies and procedures that address monitoring and oversight of Countywide interviewing and selection process to deter, detect, and prevent questionable hiring practices and ensure compliances with applicable laws, rules, and regulations. DHR audited 22 interview packets for compliance with the Merit Principle. DHR initiated the interview packet audits in 2018. We did have a noted exception as we were doing our testing Mass Transit missed their deadline. It's our understanding that that hiring was that particular position, they were not able to proceed with that as having missed the deadline, and the mayor's office had no qualifying recruitments to test. So, to verify that status, we reviewed the process and found no exceptions other than that noted above. I should specify that for follow-up audits, we don't make additional recommendations `cause we won't do a follow-up on the follow-up for the original audit. But we did identify additional opportunities to further strengthen monitoring and oversight. Had we been—had I been involved in the initial audit, I would have offered this recommendation in addition to those at that time, which is to adopt monitoring and oversight procedures to define nepotism, define conflict of interest, define familiar relationships—including hanai relationships, establish policies addressing nepotism and conflicts of interest, disclose any potential conflict of interest on the interview panel acknowledgment form. So, we offer those proactively to the Department in the hope that that would nullify the need to do an additional audit in the future. And we consider this status, at this time, completed. All right, so "Recommendation 4"—we recommend the Department of Human Resources require individual hiring departments use the NeoGov System to track and monitoring the status of candidates during the interview and selection process. I'm accustomed to NeoGov prior to working for the County and it does carry with it a wonderful audit trail. So, I'm an advocate of that system. DHR requires all departments to conduct all Page 15 Merit Appeals Board April 8, 2022 hiring correspondence through NeoGov to verify that status—we trace this information, on-site, through NeoGov and found no exceptions. This replaced decentralizing informal communications. We consider the status completed. "Recommendation" number "5" we recommend the Department of Human Resources provide mandatory ongoing hiring procedures and merit principles training for all employees involved in this hiring process. I attended this training a few weeks ago. DHR conducted 62 classes. DHR trained 1,040 individuals. To verify the status, we reviewed the class agenda and sign -in sheets. We found no exceptions. We just feel that this further strengthens and unifies the understanding approach and expectations required with hiring individuals based on their merit and not in the relationships that they've got. We consider the status to be completed. All right. So, "Recommendation" number "6"we recommend the Department of Human Resources use open -competitive recruitments on a continuous basis for difficult to fill classes of work. DHR closed all continuous recruitments in December of 2016 with the noted exception of the Clerk III position, the number of vacancies that were being offered for the position were greater than the number of applicants that were applying. To verity the status, we reviewed job postings for those four classes of work identified in the prior audits the 29 recruitments or 100% of the testing population and we found no exceptions. This replaces the practice of continuous recruitment for positions that were not difficult to fill and we consider this recommendation completed. "Recommendation 7we recommend the Department of Human Resources develop and implement written policies and procedures clearly defining prohibited personnel hiring practices. In October 2018, DHR developed, adopted, and circulated the "Human Resources Best Practices" as a foundation of their actions and decisions. To verify the status, we reviewed the documents related to the merit principle and information related the education and dissemination of those materials. As I had stated before, we offer some additional opportunities to strengthen these internal controls. For example, DHR should clearly define, develop, and implement written policies and procedures to address prohibited hiring practices to ensure future Administrations adhere to applicable federal and state laws, their rules, and the County's policies and procedures. We do feel that in practice, the department is doing very well right now. That isn't the immediate concern. The immediate concern is that until it is enshrined in policy and procedure that it is easily dismantled by somebody who may have malign intent. And so, we offer this again as a proactive opportunity and we would like to see this enshrined. We would like to see policies and procedures, generally, enshrined among a lot of departments who are doing things by word of mouth. Page 16 Merit Appeals Board April 8, 2022 At this time, we consider this status resolved. And then, finally, "Recommendation" number "8" we further recommend the Department of Human Resources work with other jurisdictions to have the State of Hawai`i's Revised Statutes updated or reinstated to include provisions that address prohibited personnel hiring practices using federal laws as a guideline. This recommendation was alwaysI'm not sure how appropriate it wasI think it was worthwhile to make the recommendation. I don't I would almost see it as a proactive comment made to them because we're now introducing factors that are beyond its control. So, DHR did reach out to its state counterparts to see about reinstatement of this, but they were unable to appeal the prohibited personnel hiring practice law. They reinstated written examinations as a compensating control for certain positions. We verified that status by reviewing the application policies and procedures and found no exceptions. So, this did strengthen assurances of hiring decisions based on the fitness of the ability of the applicants for the categories that are listed belowclerical, professional, and blue-collar. At this time, we consider that recommendation is resolved. And then, just bringing it to a close—we welcome the County employees and members of the public to address concerns over the misuse of County resource or positions through our fraud, waste, and whistleblower lines. Often the improper ties to government resources or positions is discovered, thanks to employees and the public submit confidential tips to defer improper conduct to our fraud and waste hotlines—our whistleblower hotlines through email, fax, mail we'll accept it any way that we can get it. So, we've included some links on this. And that brings my presentation to a close. And I'll just open it for the questions. CHR. CABANAS: Thank you, Mr. Benner. Questions from the Board members? Ms. Mathews, you have any? MS. MATHEWS: Yes. "Remediation" number "3 MR. BENNER: Yes, Ma'am. MS. MATHEWS: So, how were the 22 interview packets selected? And what was the total number of interview packets during that window? Page 17 Merit Appeals Board April 8, 2022 MR. BENNER: That is a question that I don't have access to the data right in front of me. And, again, I apologize. My Audit Analyst was going to accompany me, but had to—something that came up that took priority. So, I would happily (inaudible) and email the Board with that answer. MS. MATHEWS: Thank you. Unless CHR. CABANAS: Is that a question that Mr. Leopoldino can MS. MATHEWS: That's what I was wondering. CHR. CABANAS: address? Isn't there a schedule for interview audits to be done? Can you approach the dais, Waylen. (At this time, Mr. Waylen Leopoldino, Director, Human Resources Department, came forward.) CHR. CABANAS: Without specifically saying what the schedule is, but can you just explain that there is a schedule, right? MR. LEOPOLDINO: Yes. We do have a schedule that was established back in 2018 and I don't have the specifics on the—what was audited of the total packets but we do have a list of the departments and our recruitment analyst will select from that list that schedule. And when a Request to Fill comes in, we'll go ahead and select that recruitment for an audit. That's kind of—that's our general process and that's—we work off of a schedule that was already established in 2018. MS. MATHEWS: So, it's 100% of the—whatever that schedule? MR. LEOPOLDINO: Yes. MS. MATHEWS: Okay. MR. LEOPOLDINO: We do 100% of that schedule. We audit every department on that schedule. MS. MATHEWS: And so, you're turning over to them MR. LEOPOLDINO: Whatever we've done. MS. MATHEWS: Whatever you've done. MR. LEOPOLDINO: Yes. Page 18 Merit Appeals Board MS. MATHEWS: Okay. April 8, 2022 MR. LEOPOLDINO: And so, I think Tyler's point is the—his staffI'm not sure what their sample size was of what we—of the 100% that we've audited. MS. MATHEWS: Yeah, I was kind of curious about that, too. MR. BENNER: I think ours was within scope of whatever those four positions identified in the original audit were. So, we have to maintain scope of the original audit. So, I think it was 100% population of those four positions identified in the original audit. MS. MATHEWS: Thank you. MR. BENNER: And if there's any fact pattern that emerges different than that, we'll definitely email this body and let you know. CHR. CABANAS: Four positions or the 4 departments that were audited? MR. BENNER: I'll have to seek clarification from my audit analyst. CHR. CABANAS: Okay. Just a point of clarification, Waylen, can you explain that it's not an audit of all the positions. It's—can you explain that? MR. LEOPOLDINO: Yeah, correct. So, we don't audit all the Request to Fills that come into our office. Iour analyst will pull certain ones that come through. It's kind of like a spot check. As it comes in, the analyst will pull a random Request to Fill that comes in and then we'll proceed. So, the department really doesn't know which position or Request to Fill that will be audited through that process. So, it's not all positions that come through. Thank you. CHR. CABANAS: Thank you, Waylen. Thank you, Mr. Benner. MR. BENNER: Thank you. CHR. CABANAS: Any more questions, Ms. Mathews, for them? MS. MATHEWS: Well, since our charming director is sitting there, I do have a couple of quick questions for you. The—and back on that remediation page—it's—we identified additional opportunities for the strengthen—could you comment on both that and, I think, there was another one whether it was something similar to that. MR. LEOPOLDINO: I think it was 7—"Remediation 7." MS. MATHEWS: It is 7. Page 19 Merit Appeals Board April 8, 2022 MR. LEOPOLDINO: Yes. MS. MATHEWS: As to what you have— MR. LEOPOLDINO: Yes. So, in our formal response to the Office of the County Auditor, we did address him. We did say we would consider these recommendations and move forward with incorporating them into our process in the future. So, we will take these recommendations and move on them. Yes, absolutely. They were great recommendations, so I have no reservations about them. MS. MATHEWS: I assumed that. I just wanted to get it on the record. Thank you. MR. LEOPOLDINO: You wanted to hear me speak, didn't you? MS. MATHEWS: Yes, I did. CHR. CABANAS: Thank you, Ms. Mathews. Mr. Kunz, do you have any questions? MR. KUNZ: No questions. CHR. CABANAS: Thank you. Mr. Ventura, do you have any questions? MR. VENTUIRA: No questions. Thank you. CHR. CABANAS: Okay, thank you. Okay. So, Ms. Cabanas, do you have any question? I believe I do. But before I even ask the questions, I just want to make a statement that I'm pleased that the Whistleblower Hotline has been implemented because I feel that it provides a safe venue for the employees and the public to report any abuse, fraud, illegal activity that might occur. We have many wonderful employees in the County of Hawaii working but as you stated, if there are individuals with misaligned motives, hidden agendas, that make the workplace unhealthy and unsafe for the employees then it really needs to be addressed. So, I'm pleased. I'm pleased, as the ChairI'm pleased as a Board memberI'm pleased as a taxpayer, and I'm pleased as the former Recruitment and Examination Manager. It's something that I wished we had back then, but we didn't. And so, I hope that individuals will pursue, if they feel the need to because it provides a safe venue—mechanism is the word, actuallya safe mechanism for individuals to report abuse, fraud, or any illegal activity. People abusing their power. Page 20 Merit Appeals Board April 8, 2022 We need to hold government officials and employees who might be misaligned and doing such things. We need to hold them accountable. So, I'm grateful that you—I know you're new and you started off really quickly with this. So, I really want to thank you, Mr. Benner. MR. BENNER: Well, thank you very much. And the tips that we've received have largely echoed that sentiment. So, I know that it's a hopeful value on this side and it's showing itself to be a perceived value on the other side So, thank you. CHR. CABANAS: Because it only—if—when it works well as it's intended to, then individuals, members of the public, hopefully, will trust government more. And we want to always have a safe and healthy environment for our employees. And so, I think this is a great start. So, with that statement, I just want to ask just a few more questions. So, I see that there's brochures, there's the HR Quarterly Workshop next week, new hires are being oriented about the fraud, waste, and abuse program which is great. Are the brochures enough to educate the existing employees? Not the new hires. The employees that are—have been working in the County, is that sufficient or are you going to have more training sessions for them? How will you address that? Waylen, how will you address that? MR. LEOPOLDINO: There are other opportunities that we can reach our current employees. One of them, we could do like a payroll stuffer. We could also do training, as you mentioned. We also have—we could also put the information on our County's Intranet. So, yes, there are opportunities. I also wanted to add that we're working closely with the Office of the County Auditor's on this program and, kind of, supporting them on things that they need. So, the communication and the PR piece, we can definitely continue our partnership and I'd be happy to explore other opportunities to do that. So, thank you. CHR. CABANAS: I think that's a good idea and if you can do that. MR. LEOPOLDINO: Sure. MR. BENNER: If I may, I would say that for our side of things, we're trying to improve the ease of access to that. So, if you go to the hawai i county. gov website, the inquiries and complaints is actually right on the top bar of the hawaiicounty. gov. It's not buried within a department. That will take you then, to our directory where they can navigate those myriad of different complaint avenues. So, we're just doing the little things that we can to try to just push it slightly out in front. CHR. CABANAS: Right. That's good. I'm glad that you're doing that because for other jurisdictions, when I was working and I had to research it—some websites, their websites—it was very difficult to find. It's like it's hidden. It shouldn't be hidden. If we want individuals to use this mechanism, the hotline, then it should be easily visible for the employees. It should be Page 21 Merit Appeals Board April 8, 2022 visible for members of the general public, so that this is what this is for. If there is something going on, please report it. This is a safe mechanism now. So, okay, I'm glad that you're doing that—you're looking at it. Both of you, thank you—thank you very much. I don't know if you folks can realize how much this means to me. And it means to a lot of people. A lot of our employees and members of the public. This is a very significant step for the County of Hawaii. And so, with that, thank you very much. I do have a few more questions, if you don't mind. There are two just because I'm a little curious. One was—one question I have there are two different hotline numbers. Why is that? One is for fraud and waste and the other is the Whistleblower hotline. Can you explain the significance of the two separate numbers? MR. BENNER: Well, we found that universallyalmost universally that when we were benchmarking among industry peers that a fraud hotline is one that county auditors host all over the country and some host a whistleblower hotline. Now, ultimately, whether you dial one phone number or the other, it rings to the same phone. But we don't know what the mature program is going to look like. We don't know if it's hosted in our office eventually or if it grows beyond our office. So, we wanted to build it with some smart architecture where we would be able to provide for that carve off, if it became necessary. And we could do that with it being minimally invasive. If we spent all this time, money, and energy to education our workforcea phone number to dial—and then we decided that it grew beyond our capacity or that it needed to be outsources some number of years in the future—we don't want to disconnect the phone number and have them have to start all over again. So, instead we set them up in parallel so that we could, kind of, decide after that period of review, our pilot program, what kind of inputs and that we would need and what this thing is going to look like 5 years/10 years from now. CHR. CABANAS: Okay. Thank you. Is there a plan to budget money for a independent call center? MR. BENNER: I don't know. ThisI would say there's no supplemental on the table right now for that. CHR. CABANAS: Oh, okay. MR. BENNER: And I've had some discussion with Council on it as well. There's a strict tradeoff and we talked about this a little bit, Ms. Mathews the last time I was in front of this panel. That there is a tradeoff between confidential and anonymous—and we are a small community. And one thing we feel like we can do is so long as our office never betrays the confidence of Page 22 Merit Appeals Board April 8, 2022 these there are distinct advantages to running confidential program because we have the ability to reach back out to these folks and get back additional information. And, also, it helps us to strategize how we go in and we approach the department. The problem is that you've got one employee and one supervisor—and the employee sees something wrong and they call that in anonymously and that just comes to us. The general approach would be you go to the supervisor and you ask what's going on. Well, they're going to be able to point directly back to the person who made that claim. So, that's what you get the anonymous environment. In the confidential environment, they can report this and you can represent that as just a general concern of our department. And so, there's just some different ways that you can approach going into and following up with in getting additional information, so that you can conduct the best investigation possible when you're trying to get to the root cause. So, that is kind of where we're at with that. CHR. CABANAS be for both of you. interview is done. Okay. Thank you. How do—and this question might be for—well, it might The audit right now are being done of interview packets by DHR before the Correct, Waylen? MR. LEOPOLDINO: Correct. CHR. CABANAS: Okay. That's how it was designed. How do you address the security factor once the interview is done. And the reason why I ask that is because there may be times that interview packets are sitting on someone's desk for a prolonged period—more than a day, sometimes two days, sometimes even three days. Now, the instructions that we used to give the departments that does not occur, right? That does not occur. We keep the material, the interview questions secured, right, Waylen? MR. LEOPOLDINO: Correct. CHR. CABANAS: Right. So, but how do—how does DHR ensure the departments are actually doing that because if an applicant follows up with the HR rep. of that particular, a particular department, their response was, "Oh, it's sitting on the department heads desk"—sitting at the desk for several days. So, are they retrieving the folder at the end of the day to keep it under lock and key until the next day where the department head can sign it. Or is it sitting there for two days, maybe three days—so that's a little that's a concern. And how does DHR ensure that they're not doing that because now the audit of the interview packet was done prior, but then how do you ensure protocols are being followed or instructions are being followed, directives are being followed and it might not be followed. So, can you address that, Waylen, it's more for you. Page 23 Merit Appeals Board April 8, 2022 MR. LEOPOLDINO: Yeah, sure. I think we share the same concern and that's partly why we have the training that Mr. Benner talked about. We emphasize—aside from actually going to the departments and physically tracking that folder, which is we don't have the resources to do that. But we do emphasize in our trainings how important it is to keep these confidential folders—anything related to the interview under lock and key at all times. Not even for—we don't even encourage they just leave it for an hour. Anytime that it is unattended, these documents need to be secured. Recently, in our own offices all of our staff that have cubicles. We've actually built locked cabinets because at any point they're not at their desks physically—any kind of confidential documentation related to personnel records, shall be locked up in those cabinets. So, when we do these types of trainings, that is highlighted at numerous points through our training. And so, our staff is very mindful when they're communicating, especially with the interview packets that is being followed. And, I think at this point, without the added resources of actually going into the departments and kind of tracking these folders, we'veI feel like we're doing a pretty good job of communicating how important it is to secure these documents. So, you and I share the same concerns. It's like once these documents are out of our sight, we have no idea what's going on. So, again, we're open to any recommendations on how we can better secure those documents but that's what we do. CHR. CABANAS: WaylenMr. Benner, would you like to comment on that? MR. BENNER: Our office and the function of an auditor is to establish conditions upon which it can test. And so, written policy and procedures as to what you're going to do formalized policy and procedures as to what you're going to do establishes that. Not memorandums but actually policy and procedures—and that allows us to find out whether there's compliance to those policy and procedures. So, we—it's a circle. First part of it is—say what you do; and then second part—is do what you say. CHR. CABANAS: And then constant reminders at training sessions or HR quarterly meetings, et cetera, yeah? MR. LEOPOLDINO: Exactly. CHR. CABANAS: Yeah. Okay. Thank you. MR. KUNZ: I have one comment regarding this matter. Well, Waylen knows when we worked together the state's HR department is such a huge thing and very much so, always a mess. I'm talking from the Honolulu standpoint, not so much locally. Page 24 Merit Appeals Board April 8, 2022 But I remember even personnel files that were kept for the staff—there are two sets—one that's local, one that's on Oahu. And, administratively, they actually had sign in/sign out log whenever it was taken out of the file, which isI don't know how you could implement that by department, but other staff touch these files or folders—and when they take it out, they sign it out, they work on it, and they have to put it back they sign it back in. Someone else grabs it, they sign it out—it's, kind of, simple log, right, but it kind of help bird dog where the file is and who has it. Just a small suggestion. MR. LEOPOLDINO: Yeah. Thank you, Charlie. CHR. CABANAS: I think in—if I remember correctlyI think in our own office when I was working, I think there were only there was only one person that could go to the personnel file in the cabinet file to retrieve a personnel folder. Not anyone could go to the personnel file in the cabinet file. So, that was a, I thought, a very good control because then if we needed a personnel file of a subordinate, that person would go get it for us, give it to us. And when we were done, we would give it back to that individual. That person was the authorized person. So having checks and balance, like what Charlie is alluding to, I think is really a good internal control but that's something that you folks will work out. MR. LEOPOLDINO: And we have continued that practice, actually, that's still in place. Even I don't have access to the personnel files. I don't know where the key to it is so it's pretty—it's a solid system. CHR. CABANAS: Yeah. Okay. Thank you so much. Any other questions for either Mr. Benner or for Mr. Leopoldino? MS. MATHEWS: One quick one. Have you gotten any negative feedback from employees or community or—on the—on what you just discussed here? MR. BENNER: Yes, a little bit of negative feedback. Basically, when it's a issue of emotion and that emotion is the guiding principle and it's not really based on the merit of the complaint what this is this tipline does is this is a bellwether to processes that are beginning to crack and break. It does not assure that there's going to be a one-to-one investigation on every phone call that comes into the office. And sometimes individuals don't understand that and they want us to drop everything that we're doing and they expect that as they hang up the phone, we're going to get to the front door of that department. And that is not how we operate. We're looking to solutions and somethings are done with malice, but sometimes people do it because they just didn't know. And there are reasons why things fall out of alignment, which can be easily corrected through a phone call, it can be easily corrected through an email. And sometimes they're expecting a little bit more of a dramatic disposition. Page 25 Merit Appeals Board April 8, 2022 So, they don't always get that—it's the minority. Like I said, we've only had now, as of today, 15 of these come in. And some of those are attention to the State—and so that would be a quick report process—find the agency that needs to deal with it, pass the information along to them, and close file on it. So, yeah, that's but being honest—yes, not everybody will be satisfied. And looking at the mature program, again, out of like Portland they received, last year, they said 94 phone calls within a year. Of those 94, 10 of them warranted an investigation and one of them was elevated to their audit plan. And so, that is what a typical—maybe a typical mature program would look like. But for those other phone calls in between, there's going to be a certain sub -population of those that are not going to be satisfied with the outcome. MS. MATHEWS: Thank you for the statistic on Portland, `cause that helps us understand what happens with the large metropolitan area versus here, where we're just getting started. So, and that was very gently said and I commend you on people and emotions. How are those followed up? Do people can a phone call back from you guys if somebody's put something in to let them know what the resolution is or where you are or MR. BENNER: It really depends on the issue. Some of them, like we've said in this confidential environment, have had back and forth dialogue and we need some additional information. And those have gone very well and we have great rapport. I would say that the line itself only, rings about two-thirds of the phone calls—and the other third ring directly to the desk of the individuals who taken them. So, they do have a relationship with those people. So, I mean, we've made good inroads there but there's more work to be done. MS. MATHEWS: Thank you, both of you. CHR. CABANAS: I have couple more questions, now that I'm sitting here and thinking things through. MR. BENNER: Sure. CHR. CABANAS: And I'm not sure if you're able to say it but, if you're not, I understand. So, out of the 14 issues—and maybe you've said it but maybe I missed it—are these from the public or from employees? Can you say that? Just— MR. ust MR. BENNER: We don't make the distinction they're from both. CHR. CABANAS: Oh, so they're from both. Okay. Wonderful. Okay. And then, your first quarter results that you published April 1st who does that go to? MR. BENNER: Nobody. Page 26 Merit Appeals Board CHR. CABANAS: Oh. April 8, 2022 MR. BENNER: I mean, we that's embedded on our website as a dashboard. You guys can go and visit at any time. CHR. CABANAS: Oh, okay. So, it's on the website. MR. BENNER: I would just advise that we're only going to update it every quarter. CHR. CABANAS: Oh, okay. But it's on the website. MR. BENNER: It is. CHR. CABANAS: So, whoever wants to follow-up— MR. BENNER: Yes. CHR. CABANAS: —can view the website. MR. BENNER: Yeah. Link is hotline statistics there. CHR. CABANAS: Okay. And I like the idea of you presenting at the HR Quarterly Workshop next week because the HR departmental representatives are key to going back to their own respective departments helping DHR strengthen the program, so they can provide all the detailed information, answer questions, and answer questions that may arise from their own employees. I think that's really a good start, so thank you for doing that. MR. BENNER: Thank you. CHR. CABANAS: This really shows—and I mentioned it to you before—how well organized you are, Mr. Benner, it shows. And employees—excuse me—employees and members of the public should know that how much work you've put into this—'cause you started when—July? MR. BENNER: Yes. CHR. CABANAS: And we are now April—it's not even a year. And you have taken it and implemented the Whistleblower Hotline. So, really, thank you so much for doing all of this because it really benefits the employees and the public and strengthens the image of the County of Hawaii. But it needs to be done on—in the right way, which I think you started out doing so. MR. BENNER: Thank you. CHR. CABANAS: So, thank you, Mr. Benner. Page 27 Merit Appeals Board MR. BENNER: You're welcome. April 8, 2022 CHR. CABANAS: And thank you, Waylen, for following up with all the recommendations, making sure that merit system principle is being adhered to in the County people need to be reminded of it, educated of it on an ongoing basis. That's why we are all here. And that's why the Whistleblower Hotline is so important. So, thank you to both of you. MR. LEOPOLDINO: You're welcome. CHR. CABANAS: Any other questions or comments? Mr. Ventura, do you have any? MR. VENTURA: No questions. Thanks. CHR. CABANAS: Okay. Mr. Kunz? MR. KUNZ: No more questions. Thank you. CHR. CABANAS: Ms. Mathews? MS. MATHEWS: No. Thank you. CHR. CABANAS: Okay. So, we had thank you—we had a lot of discussion. So, at this time, we do have a motion and a second. And so, may I have—may I start the rollcall vote with Mr. Ventura to accept our motion to accept and file Communication Number 22-01. So, Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried to accept and file Communication number 22-01. Oh, yes, and the Chair also acknowledges that our Board member, Ms. Kate De Soto, is absent and excused from today's meeting and the vote. Okay. So, thank you, again, Mr. Benner, and thank you, Waylen, very much. MR. BENNER: Thank you. Page 28 Merit Appeals Board April 8, 2022 CHR. CABANAS: At this time, because the Director of Human Resources is here, I'm just wondering if it's okay with the Board members to take out of order the "Director's Report" which is Number 8 on the agenda. So, may I have a motion to take Number 8, "Director's Report" out of order and—so that we can hear his report at this time. MR. KUNZ: So moved. CHR. CABANAS: Thank you, Mr. Kunz. Motion made by Mr. Kunz. May I have a second? MS. MATHEWS: Second. CHR. CABANAS: Thank you, Ms. Mathews. Any discussion? If not, we will take a rollcall vote starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried. We have four votes—Ms. De Soto is absent and excused. We have four votes to accept the director's report out of its listed agenda item and we will now take it up at this time. Director's Report (Item 8) Equal Opportunity Officer/ADA Coordinator Introduction; Governor Ige's Emergency Proclamation Update; Labor Relations Statistics CHR. CABANAS: Well, good morning, Mr. Leopoldino. (At this time, Mr. Waylen Leopoldino, Director, Human Resources Department, came forward.) MR. LEOPOLDINO: Good morning, Chair Cabanas, and members of the Merit Appeals Board. Waylen Leopoldino, Director of Human Resources. Page 29 Merit Appeals Board April 8, 2022 Before I begin, was there any questions on the director's report items I had here before I proceed? Otherwise, I'll go into my report. CHR. CABANAS: I think you may proceed, Waylen. MR. LEOPOLDINO: Okay, thank you. CHR. CABANAS: I don't think anyone—does anyone have any questions for Waylen? They're shaking their heads "no." MR. LEOPOLDINO: Okay. CHR. CABANAS: You may proceed. Equal Opportunity Officer/ADA Coordinator Introduction MR. LEOPOLDINO: We'll proceed. So, the first item on my report is, I would like to happily introduce our Equal Opportunity Officer/ADA Coordinator, HR Manager Danny Patel. He joined us in December of 2021. And I'm going to do less talking because I did a brief overview when we had our managers come in, of their respective divisions and I did aI hope I did a fair representation of his division. But I'm going to let Danny come up and, kind of, introduce himself and go over some of the great things he's been doing so far. So, Danny, if you don't mind coming up, please. (At this time, Mr. Danny Patel, Human Resources Manager -Equal Opportunity Officer/ADA Coordinator, Human Resources Department, came forward.) CHR. CABANAS: Good morning, Mr. Patel, it's so nice to see you. MR. PATEL: Good morning, Chair Cabanas. CHR. CABANAS: Just for the record, the Chair has worked with Mr. Patel in his previous life when he worked for the Office of the Corporation Counsel. So, it's nice to see you back working for the County. MR. PATEL: It's nice to see you as well. Good morning, again, Chair Cabanas, and members of the Merit Appeals Board. Danny Patel—as Waylen mentioned, I am the County's new Equal Opportunity Officer and ADA Coordinator. I apologize if it looks like I'm shivering because I am. And seeing you up there with some of your cozy jackets is making me even colder. CHR. CABANAS: That's okay, it's cold in the Council Chambers—so we understand. Page 30 Merit Appeals Board April 8, 2022 MR. PATEL: For now, I'll keep the mask on, at least it keeps my face warm. So, as Waylen mentioned, he just asked me to be here today and introduce myself. Just by way of brief background, as Chair Cabanas already mentioned. My previous stint with the County was as a Deputy Corporation Counsel in the Office of Corporation Counsel. I've worked alongside with J, as well, in that capacity. I've held that position for a little under four years total, I believe before that, I was in private practice on Oahu. Some of my employment, related experience stems from first practicing on Oahu. The law firm there, we represented multi-employer pension plans, trust benefit administrators, and some of the unions out on Oahu before I moved back here—well, with my family to start a family. As far as my role, currently, I've just started as of December 15, 2021. Prior to that, the position had been vacant maybe for about a month or so, I believe. So, my first order task was to get up to speed, redoing the County's Anti -Discrimination and Harassment trainings, which are mandatory for every County officer and employee. So, so far, I've completed approximately nine of those training, three by requests, six as standard. I have, I want to say, over 10 more classes I'm planning on finishing up this month. So, it's really getting up to speed in that respect. I've also been looking at some of the policies. A lot of the policies we have, have been in place for over a decade, implemented by my predecessor, Teri Spinola-Campbell who I also had the benefit of working with during her time here. Beyond that, it's really just helping out wherever I can—re-establishing relationships—with COVID, some of the local disability rights groups have been inactive—less so than previously. At least one of them, I've been in contact with recently and they're starting up again having meetingsI believe their first one was just this past Wednesday. So, I expect to be in contact with them more frequently. We're also going to be meeting regarding some ADA Title 11 matters that have been coming up. Did I, kind of, cover everything, Waylen? MR. LEOPOLDINO: Yeah. CHR. CABANAS: Thank you, Danny. Are there any questions for Danny Patel? Ms. Mathews. MS. MATHEWS: Not at this point. CHR. CABANAS: Mr. Kunz. MR. KUNZ: No questions. Page 31 Merit Appeals Board April 8, 2022 CHR. CABANAS: Mr. Ventura. MR. VENTURA: No questions. CHR. CABANAS: I don't have any questions either, Danny but, like I said, I'm so happy that you're back with the County of Hawaii and with Department of Human Resources. MR. PATEL: I appreciate that. CHR. CABANAS: We've had a good track record and I know you'll continue to do really well. MR. PATEL: I hope so. Yeah. CHR. CABANAS: Thank you for coming today, Danny. Okay, Waylen, you may proceed with your—the remainder of your report. Governor I2e's Emer2ency Proclamation Update MR. LEOPOLDINO: Okay. So, the second item on my report is Governor Ige's emergency proclamation update. I'm super excited to tell you all that the provisions that related to our employees have ended, effective 11:59 on March 25', which related specifically to employee vaccination and testing. I'm sure all of our employees who were affected are also very excited. So, with that, I just wanted to share some of the statistics with you all. I found some of them to be interesting. When we implemented the Governors provisions in his proclamation on August 18'', 2021 this is the first week ended—our County was 66.07% vaccinated. And effective March 25hthe end of the proclamation—we were at 84.72% vaccinated—which is huge. That's a huge success. And, at that time, there was 146 that had—in August of 2021-146 were partially vaccinated. And at the end of the proclamation7 were partially vaccinated. Status unknown was at 337 in August of 2021. And in March of 202218—and majority of them were on leave. So those are some of the interesting—some of the stats. that we were tracking throughout the throughout this throughout the Governor's proclamation. So, as I mentioned, we are happy we can proceed. What also ended with that Governor's proclamation was the requirement for masking. So, we were going back and forth with the Administration on how we wanted to communicate that to the employees because masking was still a sensitive subject and we didn't want to eliminate the consideration of using masks. So, we partnered with Civil Defense—and Civil Defense came up with some best practices with masking and social distancing to which we communicated to our staff and encouraged the other departments to do the same. Page 32 Merit Appeals Board April 8, 2022 So, I'm happy to also announce that we haven't had any issues that we were anticipating with the removal of the mask requirements. So, hopefully, going forward, we continue in the way we are and we can look back and learn from what we have so far. So, that's what I have as far as the end of the Governor's proclamation. MR. KUNZ: I have one quick question. Just out of curiosity. MR. LEOPOLDINO: Sure. MR. KUNZ: Waylen, do you know by comparison the percentage of vaccinations compared to other counties? MR. LEOPOLDINO: I do not have that number and I know just our meeting with the other DHRHR directors, we are working on, kind of, compiling and comparing our numbers. So, I anticipate something to be coming out shortly. MR. KUNZ: Thank you. MS. MATHEWS: Will you continue to track the vaccines, particularly, in related—in relation to COVID—like the boosters, et cetera—since it looks like we may have another wave behind us. MR. LEOPOLDINO: Yeah. Actually, the authority that gave us the right to track those things, fell under the proclamation. So, once the proclamation sunsetted, it doesn't allow us to there's no mechanism legally for us to track that. CHR. CABANAS: Mr. Ventura, any questions for Mr. Leopoldino? MR. VENTURA: Yeah, Waylen, if there was any kind of disciplinary action due to noncompliance with testing or vaccination rules or—are those type of actions going to be revisited? MR. LEOPOLDINO: I can't go into specifics, but I can generally tell you all that we have had implemented disciplinary actions. And even through the Governor's emergency proclamation has ended, any violation of that proclamation during that period, we can still take action disciplinary action on. So, for example, the very last week of testing employees were still required to test if they thought that, "Oh, this was the last week, I don't need to test"—and they didn't get tested—we still have the authority to implement discipline. So, anything after March 25h, at 11:59, we will not implement any kind of discipline. There's no violation. Page 33 Merit Appeals Board April 8, 2022 MR. VENTURA: And if there were any pending reviews of religious exemptions or medical exemption—are these reviews just going to be dropped or are they going to be continued in case there is another mandate due to a resurgence of the virus? MR. LEOPOLDINO: No, that's a great question. We can continue to review the request that we have regarding any kind of religious exemptions. And we would have to review it on a case-by- case basis to see what the situation is, if it's vaccination, if it's testing—and then we'll have to just compare it to what the Governor's EP allows us to do. But, if we do have another outbreak or anything like that, we do have the process in place to re-initiate if we needed to. MR. VENTURA: Thanks. MS. MATHEWS: So, to follow-up on what Mel was saying. You're using the word "can" as opposed to "we will"so, does that mean, going back to what he was saying, that anything that was pending you're moving forward with or MR. LEOPOLDINO: Yes, anything pending. Anything pending, we will move forward. MS. MATHEWS: We will. MR. LEOPOLDINO: Yes. CHR. CABANAS: Okay. Any other questions for Waylen? No—okay, Board members are shaking their heads. Okay. They're saying, "no." Okay, Waylen, you can proceed. Labor Relations Statistics MR. LEOPOLDINO: Okay, my the last item on my director's report was more of a follow-up to some questions that were asked at the last Merit Appeals Board about some of the grievance statistics. So, I kind of pulled some numbers together. And recognizing the sensitivity and the confidentiality with grievances, I can't go into specifics. But what I did was I did try and put together some numbers, just to give you an idea. And one of my comments was that the grievances that we've been receiving has increased over the last couple of years. And so, I wanted to actually put some numbers together. So, just for educational purposes, I kind of wanted to—if you don't mind, I wanted to go over our bargaining units real quick just to do an overview. So, we have the United Public WorkersUPW Bargaining Unit 1. Those are our blue-collar employees. HGEA we have three—five unitsHGEA BU2, blue-collar supervisors; Bargaining Unit 3, white-collar employees; Bargaining Unit 4, white-collar supervisors; Bargaining Unit 13, professional and scientific employees; and Bargaining Unit 15, our ocean water safety officers. And then, of course, we have SHOPO, our police officers, Bargaining Unit 12; and Hawaii Fire Fighters Association, BU11. Page 34 Merit Appeals Board April 8, 2022 So, what I did was I kind of took a look—we have a grievance log—so I took a look at the last three years. So, for Fiscal Year `20, we had a total of 15 grievances. Some of the grievances included—most of them included discipline. So, it could be for a wide -range of things suspensions, terminations, verbal and written reprimands, related to compensation, overtime, temporary assignment. I think the question at the last meeting was what kinds of grievances we were getting. And I mentioned, it's a wide array of grievances. We did get three class grievances. So, class grievances are related to grievances filed on behalf of a group of more than one bargaining unit member. So, we had three class grievances back in Fiscal Year `20. So, again, the total for Fiscal Year 19-20 was 15 grievances. As we move on to Fiscal Year 2021, there was a total of 24 grievances. An increase to five class grievances. Still, the majority involved disciplines, suspensions, terminations, re -assignments, written reprimands for this fiscal year. It also included a grievance on limited duty assignments, sick leave, those types of things. So, a total of 24 for the entire Fiscal Year to 20-21. The current fiscal year numbers through March 16, of 2022, we're already at 21 grievances. So, if you compare that to Fiscal Year '20 that's a 42% increase and a 25% increase already. We haven't even completed the fiscal year in comparison to last fiscal year. Class grievances have increased already, currently, year-to-date in Fiscal Year 21-22. We're already 50% over what was reported in Fiscal Year `20 where we only had three class grievances. And some of the types of grievances we received, this current fiscal year already, we had six class grievances, ten discipline -related grievances including termination, suspensions; we had a retaliation grievance, non -promotion, violation of personnel policies, and a temporary assignment grievance. So, really, a wide -range. But what Ianother part of the comment that was made at the last meeting is—are we doing any kind of training to address reducing some of these grievances in the future and Iso my answer was confirmed—for these discipline type grievances, we—Jenny Sakamoto, she is our trainer, she's in our Personnel and Organizational Development Division. She has implemented supervisory training modules to address some of these things that can help supervisors best supervise, best coach their employees, best work close and engage with them so a lot of these grievances can—we can have less of them going forward in the future. So, these are great statistics to help us in that division, so we know where we need to put our efforts. And so, I'm actually gladI did this myselfI'm glad I did this exercise, `cause it gives me a better understanding of where we need to be headed. So, thank you for raising that issue at our last meeting. And I will continue to monitor this as we go forward. So, I'll take any questions. And I apologize, again, I can't go into details of the specific types but I thought that might give you a better idea. Page 35 Merit Appeals Board April 8, 2022 CHR. CABANAS: I believe Mr. Kunz has a question? MR. KUNZ: I have more of a comment/observation. I think while there are grievances of which you need to weigh, maybe mitigate the fact that being able to have the right to grieve is a very important right. Until you see it on the table what it is, 22, 19, 50 of them—it's a good thing, I think. Some, obviously, when you go through it, need to be addressed because it's awhether it's certain disciplinary thing or something happened that is outright an issue but as much as I think—and I'm trying to play a little devil's advocate here—as much as we hear how can we lessen or do the training and all this stuff, I also want to acknowledge, at least, or have on record that the grievance procedure is there for a reason. And that some of the grievances would be quite legitimate, maybe, as well. So, I just want to, kind of, get that out because often we hear how they need to be trained so that we reduce the grievances. But then, some of the grievances are keeping some others honest, that's why there're grievances. So, I just kind of what to put that out. That's, kind of, my own opinion about it. I've been in a position where I had to receive grievances in my previous job and some of them are legitimate and some of them are found to be quite warranted—to me, they're all warranted. What you do with them through your investigation and how it's mitigated, I think is the way you weed out the ones that, "Yeah, we should have trained them better or differently" then that wouldn't have happened, et cetera. But I just wanted to, kind of, make that comment. Thank you. MR. LEOPOLDINO: Can I add to that? I actually haveI'm glad Charlie brought that up because I have a second part that I was going to bring up because that is a great point. This is, again, going back to just kind of the educational piece on the grievance process. So, the collective bargaining agreements offer this opportunity, as Charlie described, for an employee to have that opportunity to—like Charlie is saying the grievance the word "grievance" there's a lot of negativity attached to it. So, but it's actually a process to allow the employee to bring up a concern or bring up a challenge, if you will. And so, I just want to briefly go over that opportunity that our employees have. So, the grievance or the appeal process the first step is our employees are members of unions. So, these unions represent these employees. So, they have that avenue to go to their union representative and express their grievance and the union will usually file a grievance on their behalf. But even before then, the employees through Jenny's training and working with our employees—have the opportunity to go to their department head prior to this to try and get that resolved. If there's no success there, then they go to their union and that's what begins the grievance process. Page 36 Merit Appeals Board April 8, 2022 And so, Step Iso the lingo in the County when you refer to grievances, you hear the word, "Oh, it's at Step F or "It's at Step 2" or "It's at Step 3." So, Step 1, is the formal meeting with the department head after the union has filed a grievance on their behalf and they try to resolve this issue. It wasn't resolved informally, so now through the grievance process the employee, usually with their union rep., will meet with the department head to try and resolve whatever the issue is. And, as Charlie mentioned, again, maybe it brings up an issue that has to be dealt with by the department head and it's really no fault of the employee. So, that has happened as well. Let's say the department head sustains the denial of the grievance at Step 1. It then moves on to Step 2 of the grievance, which is a meeting with the employer. So, it's actually a meeting with the County, which the mayor is the executive of the County. The mayor has delegated that responsibility to DHR. So, Step 2 comes through me as the Director of HR for review. And we set up a meeting with the employee and their union rep. to hear their case. And I have the opportunity to overturn the departments' decision on behalf of the mayor and it could be settled at Step 2. If it's not settled at Step 2 and I deny the grievance, it moves on to Step 3, which is the last step, which is a move to the arbitration hearing process. The arbitration hearing process begins at Corporation Counsel. So, once a union decides to file a Step 3, we receive it in our office at DHR and then we provide all the documentation, including the request for Step 3, to the Corporation Counsel and they will proceed with setting up the arbitration and the arbitration process. So, I just wanted to provide—so I'm glad that Charlie brought that up because I wanted to provide yes, it's a process not only to penalize the employee for any kind of remediation, but it's also for issues to come up that can better the workplace is also my view. So, I hope that piece, kind of, helped kind of put into place the general process of a grievance. And it, kind of, ties into some of the statistics that I provided here today. But that is all I had to present. So, I'll open it up to questions. CHR. CABANAS: Are there any questions on the labor relations statistic? Okay, Gay's shaking "no." Mr. Kunz, any questions? No questions. Mr. Ventura—okay, they say, "no." I don't have any questions on the labor relations statistics, Waylen, but I do have a question or they may have the Board members may have other questions of other areas. So, do you folks have any questions in other areas? Gay? Mr. Kunz no. Mr. Ventura—no. Okay. Well, coming to me. On the recruitments Page 37 Merit Appeals Board MR. LEOPOLDINO: Yes. April 8, 2022 CHR. CABANAS: what's happening with the recruitments. I see on the website that there are 50 open recruitments. The department has over 40 open -continuous. Any update on those? MR. LEOPOLDINO: We areso, recently—as recent as a couple days ago, departments haveso, let me back up. We are receiving applications, but a lot of them are not qualifying for positions. So, our recruitment staff had been working a lot of overtime screening applications. We've been having written exams. Like Tyler mentioned in the audit report, we do written exams now. Written exams are almost weekly. I really feel for our recruitment staff. So, we are getting applications but a lot of them are not qualifying. As I mentioned in a previous meeting, we're looking at when employees were asked to return to work, a lot of them experienced some change where—whether it's childcare, whether it's the emotions that are tied to COVIDa lot of them don't want to return to the workplace. So, that's part of it. So, we're actually implementing different things for—we're considering a telework policy. We want to do this big job fair by the end of the fiscal year. We've—our HR manager for recruitment has already started NeoGov access to the partnerships with the social media. We've been in discussions with LinkedIn. I mean, I think we're doing a lot to try and help fill these vacancies. We work with departments individually, for example, the Department of Environmental Management, we kind of brainstormed on some out of the box things, like, "Hey, you know at your solid waste facilities, put up those signs with our jobs website" as people are waiting to drop their trash. We do payroll stuffers, or—I've also networked with couple council members who are willing to—in their own newsletters put out in our jobs website. So, we're looking at all these different avenues. MR. YOSHIMOTO: So, Madam Chair, that item is not on the agenda, so I would refrain from going any further. CHR. CABANAS: Oh, okay. MR. YOSHIMOTO: I know that was something that was brought up in the past. CHR. CABANAS: Right. MR. YOSHIMOTO: But, probably, better if you're going to go into a lot of detail to have it on the next agenda. CHR. CABANAS: Okay. Sure. Page 38 Merit Appeals Board MR. YOSHIMOTO: Yeah. April 8, 2022 CHR. CABANAS: Okay. And with that, can I just make my announcement? Okay. So, my announcement is this, okay—so I'm the Chair of the Merit Appeals Board but in my former capacity, you know that I was the Recruitment and Examination Manager. And I retired December 1st, 2018. Waylen was still working for the City and County of San Francisco. He started in January 2019 MR. LEOPOLDINO: Yes. CHR. CABANAS: Waylen and I never had the opportunity or the chance to sit down and meet and he has questions for me and I have the history of the division, which I created back in 1987. We never had that opportunity to meet, Waylen. And there were a number of reasons why we did not and chose not to meet, primarily, because he became the Deputy Director—what year was that -2020? MR. LEOPOLDINO: Twenty-one. CHR. CABANAS: Twenty-one? MR. LEOPOLDINO: Yes. CHR. CABANAS: Yeah, 21-2021. And then, I was asked to serve on the Merit Appeals Board and got approved to be on the Merit Appeals Board. So, I felt, okay, we need to kind of, sort of, keep some distance so that I'm not in conflict, he's not in conflict—so we never had that opportunity. A long story short is there's a lot of history that needs to be shared for the department, for the department's use and you can use it however way you want but, also for the Merit Appeals Board. So, I discussed this with our Legal Counsel, J Yoshimoto, and I asked him what is the best way for me to share this information without being in conflict. So, I drafted three documents—three- word documents which will be sent to the Merit Appeals Board and to you, Waylen, as the Director of Human Resources. And the three documents will be on the agenda for our May meeting. MR. LEOPOLDINO: Okay. Great. Thank you. CHR. CABANAS: And the three documents are these—one is the listing of the directors of the Department of Human Resources—we have it for the record from the time that I started, so you're the eighth director, as far as I know. Page 39 Merit Appeals Board April 8, 2022 And then, one the second document are—is the recruitment strategies. All the strategies we implemented over the years. So, you can all see what we've done, give you some ideas you don't have to use it, but it's just to give you ideas of what we did over the years. And the third document is the history of the division itself. And changes that occurred with civil service reform around 2002, and changes that we implemented over the years due to, sometimes, external sources—we had an ACLU lawsuit—we had the State Supreme Court ruling the residency requirement was declared unconstitutional. So, to show that progression so that you and your staff will have that as you move things forward—and that the Merit Appeals Board will also have that information. So, we're being transparent. And then, I can answer whatever questions all of you may have. So, that would be on the May agenda and our legal counsel has reviewed it. MR. LEOPOLDINO: Will I get that document in advance of the May meeting in case I have questions or CHR. CABANAS: I think so. MR. LEOPOLDINO: Okay, perfect. CHR. CABANAS: I'm going to send a letter MR. LEOPOLDINO: Okay. CHR. CABANAS: to the Merit Appeals Board and "cc'ing" you and I'm going to attach all three documents and I'll send it to Glynis. MR. LEOPOLDINO: Okay. CHR. CABANAS: Yeah, `cause she is our secretary. So, I'll send it to Glynis and then from there, Glynis, you can share it. And then, it will be on the agenda as well for May. Okay? MR. LEOPOLDINO: Great. Thank you. CHR. CABANAS: Yeah. Okay. So, with that, I want to thank you, Waylen, for your director's report today. MR. LEOPOLDINO: I have one more quick thing? CHR. CABANAS: Oh, okay. Sure, go ahead. MR. LEOPOLDINO: So, I do want to let you know that this week, I finally made the decision to appoint my deputy. I'd like to do that by May I". After careful thought, I made the decision this week. So, I will put that on our agenda. Yeah. I wanted to let this Board know. Page 40 Merit Appeals Board April 8, 2022 CHR. CABANAS: Oh, okay. So, you're not going to tell us who it is, right? You can't, right? Well, we're in an open meeting, so I guess we'll have to wait till May 111. Okay, that is exciting. MR. LEOPOLDINO: It is. CHR. CABANAS: Because yeah, you need the deputy position filled to help you move things forward for the department. So, we'll wait till May 1st. Okay. MR. LEOPOLDINO: All right, thank you. CHR. CABANAS: Great! Thank you, Waylen. MR. LEOPOLDINO: I'm very happy. Thank you. CHR. CABANAS: Okay. MR. LEOPOLDINO: Thank you, all. MR. KUNZ: We're happy that you're happy. CHR. CABANAS: Yes. MR. LEOPOLDINO: Thanks! CHR. CABANAS: We all need to be happy. Okay. So, thank you, Waylen, have a great weekend. And then, Board members, do you want to pause for a little break? It's 11:52do you want to take a little break and pause? We do have one more item on the agenda and that's 6—Number 6, "New Business." MS. MATHEWS: And then, we're pau? CHR. CABANAS: Then, we're done yeah, pretty much. You want to proceed? Yes, J? MR. YOSHIMOTO: No, well, I was going to mention something. So, on the agenda we- 2022-2023— CHR. e2022-2023 CHR. CABANAS: Correct. MR. YOSHIMOTO: Annual Performance Evaluation. We're planning to put the 2021-2022 Performance Evaluation on the next agenda. So, I just wanted to clarify to make sure that it's okay to proceed with this without the past year. Or did you want to do it chronologically at the next meeting because they may impact each other they may not. But just throwing it out there, if it's Page 41 Merit Appeals Board April 8, 2022 MR. KUNZ: I don't have a preference. MS. MATHEWS: I like chronology. CHR. CABANAS: Okay. Mr. Ventura, what is your preference? MR. VENTURA: It doesn't matter to me. CHR. CABANAS: Okay. It doesn't matter to me either. So, do we need to take a vote? MR. YOSHIMOTO: Well CHR. CABANAS: Do I need a motion? MR. YOSHIMOTO: If you wanted to take action that's different from on the agenda, then you would need a motion. If you just wanted to proceed with the agenda, as stated, then no motion is required. In other words, if you want to postpone Number 6 till next month, when we're going to have the 2021-22 on the agenda, before this, then you would need a motion. But if you just want to stay status quo and just do this, then no motion is made. CHR. CABANAS: Okay. Why don't we just proceed with the agenda item on Number 6 and, Gay, you can go with it. Okay. MR. KUNZ: Madam Chair, can I recommend we take a two -minute recess? CHR. CABANAS: Can we take a five-minute break? MR. KUNZ: Oh, five is good. Okay. CHR. CABANAS: Five-minute pause. Okay. We'll be back in five -minutes. It is now 11:54. Thank you. RECESS: The Chair called for a recess at 11:54 a.m. RECONVENE: The meeting reconvened at 12:04 p.m. CHR CABANAS: Okay. It is 12:04 p.m. Chair Cabanas speaking, and we are back in the Council Chambers with Ms. Gay Mathews, Mr. Charlie Kunz, and Mr. Mel Ventura appearing via Zoom from Kona; J Yoshimoto and Glynis Yamada with us as well. Page 42 Merit Appeals Board New Business (Item 6) April 8, 2022 FY 2022-2023 Annual Performance Evaluation Of The Director Of Human Resources (HR) Process; And FY 2022-2023 Human Resources Employee Survey: Proposed Timeline, SurveyMonkey Questions For FY 2022-2023, Merit Appeals Board's Evaluation Tool For The Director Of HR For FY 2022-2023, Define Target Audience/Survey Participants (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) CHR. CABANAS: We are no on Number 6 of the agenda, "New Business." At this point, may I entertain a motion to go into executive session to discuss. MS. MATHEWS: So moved. CHR. CABANAS: Is there a second? MR. KUNZ: Second. CHR. CABANAS: Thank you. Motion made by Ms. Mathews and seconded by Mr. Kunz for the Fiscal Year 2022 to go into executive session to discuss Fiscal Year 2022-2023 the Annual Performance Evaluation of the Director of Human Resources process and Fiscal Year 2022-2023 Human Resources employee survey. Is there any discussion? If not, we will start with a rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. There are four ayes, motion carried. Ms. De Soto is absent today, so she is excused. And we will now proceed to go into executive session at 12:08 p.m. Page 43 Merit Appeals Board April 8, 2022 RECESS: The Chair called for a recess at 12:08 p.m. to convene executive session. RECONVENE: The meeting reconvened at 12:23 in open session. FY 2022-2023 Annual Performance Evaluation Of The Director Of Human Resources (HR) Process; And FY 2022-2023 Human Resources Employee Survey: Proposed Timeline, SurveyMonkey Questions For FY 2022-2023, Merit Appeals Board's Evaluation Tool For The Director Of HR For FY 2022-2023, Define Target Audience/Survey Participants (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) CHR. CABANAS: Okay. Welcome back. We are now in open session at 12:23 p.m. May I have a motion to continue the fiscal year 2022-2023 annual performance evaluation of the Director of Human Resources process and fiscal year 2022-2023 Human Resources Employee Survey to our to be continued to our May meeting? MS. MATHEWS: So moved. CHR. CABANAS: Thank you, Ms. Mathews. Is there a second? MR. VENTURA: Second. CHR. CABANAS: Thank you, Mr. Ventura. So motion made to continue to our May 16'', 2022, Board meeting the annual performance evaluation of the director of human resources process and fiscal year 2022-23 human resources employee survey. MR. YOSHIMOTO: I'm sorry, it's going to be at 10 a.m. right? CHR. CABANAS: At 10 a.m. on May 16'', which takes us to the scheduling the next meeting day, which is May 16' 2022, Mondayoh, I didn't vote on the motion. I got confused. I'm sorry. I read all of that for so long. Okay, so we had a motion, we had a second. So, staring with the rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Thank you, Mel. Ms. Mathews. MS. MATHEWS: Aye. Page 44 Merit Appeals Board April 8, 2022 CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried with four aye votes. Ms. De Soto is absent and excused today. Okay. Unfinished Business (Item 7) Communication No. 22-02, From Amanda Furman, Deputy Attorney General, Transmitting The Findings Of Fact, Conclusions Of Law (FOF COL) And Decision And Order Concerning Communication No. 21-04, 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. Based On The Foregoing Findings Of Fact, Conclusions Of Law And Order, The Merit Appeals Board Remands The Instant Recruitment Back To The Human Resources Department To Conduct A More Thorough Review Of The Appellant's Application. Board Action Required: Approval Of FOF COL (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 (Previously taken out of order.) Director's Report (Item 8) (Previously taken out of order.) Equal Opportunity Officer/ADA Coordinator Introduction; Governor Ige's Emergency Proclamation Update; Labor Relations Statistics (Previously taken out of order.) Schedule Next Meeting Date (Item 9) CHR. CABANAS: So, we are now on Item number 9, scheduling our next meeting date, which iseveryone is available. Thank you for responding to Glynis' poll. The meeting will be scheduled May 16'', 2022. It's a Monday, at 10 a.m., in the Council Chambers of the Hawaii County Building in Hilo, at 25 Aupuni Street. Page 45 Merit Appeals Board April 8, 2022 And, Mr. Ventura, will you be sitting in via Zoom on May 16th? MR. VENTURA: I believe so. I will let Glynis know for sure. CHR. CABANAS: Okay. Thank you very much. Adjournment (Item 10) CHR. CABANAS: And at this time, may I have a motion to adjourn today's meeting? MR. KUNZ: So moved. CHR. CABANAS: Thank you, Mr. Kunz. Is there a second? MS. MATHEWS: Second. CHR. CABANAS: Thank you, Ms. Mathews. Any discussion? If not, motion made and seconded to adjourn today's meeting. Starting with the rollcall vote, Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes, motion carried to adjourn today's meeting. Ms. De Soto is absent and excused today. Motion carried to adjourn today's meeting at 12:26 p.m. Meeting is adjourned. Thank you, everyone. Respyctfully submitted, Q Glynis Yamada, Secretary-Reporter APPROVED: jf CU/1(4..t.tHoL. &am titiY" Gabriella M. Cabanas, Chair Merit Appeals Board Page 46 c � 3 e.,co) �� Q._:. . - aC o ,a — -g. g -, 00 cm aw `/ CO — co qO I o _ 0 '`O o o. -a N -t 0 o m LVa p F 0 2N atP°p Fza � w 11:4E 0U. @ W0 ix Z a a Q 0 M Z M z 11�� � I jY c\ V lir e 4 O N Q cv r. r -0 LL ? _ ° .C.‘-'.(1:2) m o a, ??� (p E �.'r O ., Q .� -. U a� . .1,-,1.- 0 D I r '?'eL l CIN o 0 o CO 0 01-1� e~ -+ N 0 1 I I 1 1 I I E I r-1 N M Q lA LO N C C C C C C C o 0 0 0 0 0 0 V V V V V V V C C C C C C C E E E E E E E E E E E E E E o 0 0 0 0 0 0 a 0 0) w a a) a) cc cc cc ac cc cc ccv Z W N Z 0 0 ILL0 W . 1 CCI H >, Oui co by a) CD CD a) 0 C a. E c cc 0o E o a) E co u) != _c co . 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