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HomeMy WebLinkAbout2022-05-16 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii May 16, 2022 (Monday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 10:03 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 Monday, May 16, 2022. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair (via Zoom) Ms. Kate De Soto, Member Mr. Charles Kunz, Member Ms. Gay Mathews, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Mr. Waylen L. K. Leopoldino, Director, Human Resources Department 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) May 16, 2022 CHR. CABANAS: Good morning. Today is May 16, 2022. The regular meeting of the Merit Appeals Board is called to order at 10:03 a.m. We have quorum. All five Board members are present. I'm Gabriella Cabanas, Chair, of the Merit Appeals Board. Joining me this morning is Mr. Mel Ventura, Vice -Chair, appearing via Zoom from Kailua-Kona. Good morning, Mr. Ventura. MR. VENTURA: Good morning and aloha. CHR. CABANAS: With me in the Council Chambers at the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii, are the following Board members: Ms. Kate De Soto, Ms. Gay Mathews, and Mr. Charlie Kunz. Good morning, Board members. MR. KUNZ: Good morning. MS. MATHEWS: Good morning. CHR. CABANAS: Also here with us is Ms.Mr. J Yoshimoto, our Legal Counsel, he is the Assistant Corporation Counsel. MR. YOSHIMOTO: Good morning, Madam Chair. CHR. CABANAS: Good morning, J. And our Secretary -Reporter, Ms. Glynis Yamada. Good morning, Glynis. MS. YAMADA: Good morning. CHR. CABANAS: And our Director of Human Resources, Mr. Waylen Leopoldino. Good morning, Waylen. And, also, we have from the Office of the County Clerk, Mr. Relley Araceley, who's manning the computer equipment to ensure we have Zoom capability. Good morning, Relley, and thank you for all that you do to help the Board. Addendum to Agenda (Item 2) CHR. CABANAS: Following our agenda items, we do not have any "Addendum to the Agenda." Statements from the Public (Item 3) CHR. CABANAS: No "Statements from the Public" either. Page 2 Merit Appeals Board Approval of Minutes (Item 4) December 16, 2021 (Regular Session) May 16, 2022 CHR. CABANAS: We are on Number 4 of the agenda, "Approval of Minutes" for the regular session of the December 16, 2021, Board meeting. December 16, 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) 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: And also the executive session minutes for December 16, 2021. Let's take the regular session meeting minutes first. Have you all had the opportunity to review the meeting minutes for December 16, 2021—and everyone is nodding. Okay. So, may I have a motion to approve the meeting minutes for December 16, 2021, the regular session of our Board meeting. MS. MATHEWS: So moved, but I do have a quick question. CHR. CABANAS: Okay. Shall we have a second and then go into discussion? Okay, there's a second? MS. DE SOTO: Second. CHR. CABANAS: Second to approve the regular session meeting minutes for December 16, 2021. Any discussion or questions? Ms. Mathews. MS. MATHEWS: I do. I'm just curious as to how these are so much later thanI mean, she's very, very efficient. How is it that it's that we're doing December and this is May? CHR. CABANAS: That's a good question, Ms. Mathews. I'm going to ask our Secretary - Reporter to address the Board. Glynis, if you could kindly address the Board? MS. YAMADA: Thank you, Chair. I guess there's a delay because of my work schedule. It's time-consuming because for every—how shall I say it—it takes me for one-hour of audio to transcribe it in three hours—and actually transcribing. Page 3 Merit Appeals Board May 16, 2022 So, it's very time-consuming. And then, what will happen is that after I initially transcribe it, then I listen again, comparing it to my minutes, and then I also—after that I also run a hard copy and do a final edit before it's finalized. So, it's very time-consuming. And my apologies, it's late. Again, that's the reason why. But I'll try to get them out more in a timely manner. Thank you. CHR. CABANAS: The Chair—one moment, Ms. Mathews. The ChairI need to acknowledge, our secretary can confirm. But there is a time, right, a time limit—and what is that time limit for the meeting minutes to the Boardor, J, you might be the person to answer that question. MR. YOSHIMOTO: I think 40 -days, the draft minutes. Yeah. CHR. CABANAS: Is it 40 calendar days? MR. YOSHIMOTO: I believe so. Let me double-check. Yeah, 40 calendar days. CHR. CABANAS: Okay. Yeah, so I think yeah, if you can keep that in mind. Because it is helpful to the Board, if we have the minutes sooner, but I understand. There's a lot going on for a secretary -reporter and the Board around this time—being that there was, I think, a hearing as well, that she had to transcribe the minutes for. MS. MATHEWS: I suppose my issue is that I'm finding it a bad use of her time when Zoom has the capability of doing a translation and all she would have to do is review it. Yes, it costs a little bit of money but I think we're talking about 20 bucks a month, at the most. And it seems really foolish. This is how all of my other Zoom meetings are done. And then, all she has to do is be able to review it and the translation is very well done. It identifies who each of the people are and it— I'm tI'm sure she has lots of things better to do than having to do these minutes to that extent. And I'd like to see somebody look into her having the Zoom capabilities that have the translation. CHR. CABANAS: So, noted. I'm going to yield our Legal Counsel and may also Mr. Leopoldino, if you would comment on Ms. Mathews recommendations. MR. YOSHIMOTO: We can look into that. I just need to double check our Rules to see, if our Rules specifically address what type of minutes, `cause there might be different options within that, too. I mean, we're aware of summary minutes, we're aware of verbatim which these are. So, I mean, unless Mr. Leopoldino has any comment or thoughts on that. MR. LEOPOLDINO: We would defer to Corporation Counsel—excuse me. Waylen Leopoldino, Director of Human Resources. But we would—if it is allowed under our Rules we would be able to look—explore other opportunities. Page 4 Merit Appeals Board May 16, 2022 CHR. CABANAS: Thank you, Mr. Leopoldino. Going back to Mr. Yoshimoto and your comments—also, what impact would there be, if any, if an appeal goes beyond our responsibility and heads to, let's say, the circuit court. So, your research would also be involved with that, right, because an appellant could take somethingI'm not saying that they are but that option is always there for the appellant to take a decision that we render to the circuit court. Correct? MR. YOSHIMOTO: Yes. So, you lost me as far as how it relates to the minutes? CHR. CABANAS: Right. What will the court accept, in other words. MR. YOSHIMOTO: Oh, okay. Yeah. So the Board's approval are the official minutes, right, so that'sso, it's critical, right, to make sure the record is CHR. CABANAS: Yes, that's my point. MR. YOSHIMOTO: Right. CHR. CABANAS: Yeah. MR. YOSHIMOTO: So, the process that we have now, we know that it works. CHR. CABANAS: Yes. MR. YOSHIMOTO: I understand the concerns being raised. So, if there is a way to do it better, we will certainly consider it. Yeah. CHR. CABANAS: Right. Ms. Mathews suggestion is acknowledged because with all the technology that we have, hopefully, it would make it more efficient. MS. MATHEWS: And that's, basically, all I'm saying is that she's still going to be hands on but instead of a 1:3 ratio—it's a 1:1. She's reviewing those minutes in—she's reading them and she's listening to audio going, "Yes, this is it." So, it's not excluding her at all. It's just making her life much easier. CHR. CABANAS: Thank you. Anyone else no questions or comments. Okay. So, the discussionoh, Mr. Ventura, do you have anything before I forget? MR. VENTURA: I was just going to say we use that a lot here also. But our minutes are just summary minutes, they're not verbatim minutes—but they are yeah, they're very useful. Page 5 Merit Appeals Board May 16, 2022 CHR. CABANAS: Okay. Thank you. Okay. Any other comments? If not, we do have a motion and we do have a second to accept the regular session December 16, 2021, meeting minutes. I'll start with a rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. We have five ayes to accept the regular session December 16, 2021, meeting minutes. Moving on, we have the December 16, 2021, executive session meeting minutes. And has everyone reviewed the executive session meeting minutes? Is there a need for us to go into executive session? No. Okay, if not, is there a motion to approve the executive session. MR. KUNZ: So moved. CHR. CABANAS: Any second? MS. MATHEWS: Second. CHR. CABANAS: Thank you. Motion made, seconded to accept or approve the executive session meeting minutes for December 16, 2021. Any discussion? Or, if not, we have to go into executive session. Okay. So, we will start with a rollcall vote to approve the executive session meeting minutes for December 16, 2021. Starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. Page 6 Merit Appeals Board MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. The executive session minutes for December 16, 2021, are approved. Communications (Item 5) May 16, 2022 Communication No. 22-02, Letter From Gabriella M. Cabanas, Chair, Merit Appeals Board, Dated April 26, 2022, Providing A General Recollection Of The Department Of Human Resources Recruitment And Examination Division's History And Recruitment Strategies That Were Implemented (Names Of Department Directors, History Of The Recruitment & Examination Division, And History Of The Recruitment Strategies Implemented During The 1980s – 2018) CHR. CABANAS: Next on the agenda Number 5 are "Communications." The first one is Communication number 22-02. Is there a motion to accept and file Communication number 22-02? MS. DE SOTO: So moved. CHR. CABANAS: Thank you, Ms. De Soto. And a second? MR. KUNZ: Second. CHR. CABANAS: Thank you, Mr. Kunz. There's a motion and a second to approve or to accept and file, rather—accept and file—Communication number 22-02. Any discussion on this communication? Any questions or comments? Have you all had the chance to review it? You have—okay. We're going to pause—Ms. Mathews is reviewing her notes. MS. MATHEWS: By the way, I thought this was very thorough and I really appreciate you having gone through all of this effort. There was a duplication in here not that it's a big deal, but there was. Now, I'm not finding it. You said, "Uh-huh"—does that mean you remember where it is, Charlie? Okay. Oh, I see what you're saying—is that—okay. And—all right—never mind, then. CHR. CABANAS: A duplication on? MS. MATHEWS: Similar there wasI can't recall. Never mind. Page 7 Merit Appeals Board May 16, 2022 CHR. CABANAS: Okay, while you're reviewing your notes—Mr. Leopoldino, do you have any questions or comments? MR. LEOPOLDINO: I do. Thank you, Chair. I just wanted to thank you very much for putting this together. I did review it and it is very helpful, and it will be a great resource for our Recruitment and Examination team. Thank you very much for putting this together. I am excited to present this to our R&E team. Thank you. CHR. CABANAS: You're very welcome. The only reason why I did this was just to get it on the record before my memory starts to go as the years go by. I mean, I'm not forgetful now, but you know how that goes. And, also, it would just help everyone because we don't have time to go through files and records and put all this information together. So, this was really a general synopsis of my recollection, `cause I couldn't look at files for exact dates or anything like that. And the intent is really to have it memorialized. What you do with it is up—it's information. You can—it's just to give you an idea what was done but it doesn't hold you back from implementing new strategies, doing new things but it gives you a basis so that you know what the history was—not only for the division but for the department, especially with Civil Service Reform and the thoughts that everyone had back then in the early 2000's. So, you're very welcome. Ms. Mathews, did you find the duplication? MS. MATHEWS: No, but I remember what one of my issues was—and I can't remember where it is in there. And that had to do with somebody applying from another county for a similar promotion kind of thing. And there wasn't a back check, the same way as a new application would have had. So, they're assumed to be valid because they're doing the same job elsewhere. And the reason I bring this up is because we had a recent case where, in Honolulu, a master's degree—any master's degree was appropriate. And on the Big Island it is not, which means a person on Oahu could have applied for that same job, having a degree that didn't fit that criteria that gets slid in without aI mean, there's a discrepancy there, for me. Personally, I think the master's degree is a master's degree, is a master's degree—and that problem would go away. But I just find it, kind of, disconcerting that we assume that—since the person passed there, that they pass here. CHR. CABANAS: No. We all have our own perceptions and thoughts and we respect them. I'm going to just make one comment and it's going to go back to the civil service reform measures that occurred. Page 8 Merit Appeals Board May 16, 2022 When the civil service reform measures and certain sections of the Hawaii Revised Statutes were repealed back in the early 2000's, it left each jurisdiction, each islandreally, on its own to develop its internal policies, procedures. Each island amended its administrative rules. And that's why I explained it so that even the Conference of Personnel Directors were disbanded because back then it was so cohesive that when the State DHRDDepartment of Human Resources Development—had a new policy or procedure or a new piece of legislation was enacted whether it was Federal or State they were the pacesetters. They invited all the jurisdictions to Oahu. We all got trained. We had a briefing. We had an orientation. I don't reallyI didn't really see that after that. We were, really, on our own. And it was our—upon our own initiative to reach out to the other jurisdictions to find out how they were doing it, what they were doing, and could we incorporate some of that for Hawaii Island—for the County of Hawaii. That's why I laid it out in this chart so that you folks could see how it—how things changed. When I started with the department, I was sent to Oahu. I was trained by DHRD. And I came back and then implemented things that we weren't doing and should be doing—and we implemented it after discussing it with our director back then. So, some of those things really are, maybe, no longer. And so, that's why it's imperative, really, that the directors connect with one another and ensure that staff get trained and training continues because there's always new developments in HR. New pieces of legislation, new ways of viewing things, dealing with things. Now, we have COVID, we have mental health issues, and all those other issues that weren't prevalent back then in the early 2000's. So, that's why I did this—in a way that would not put me in any conflict, `cause I do not want to be in any conflict situation either. Any other comments or questions? Okay. So, we have a motion and we have a second to accept and file Communication 22-02. So, we'll start with a rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. Page 9 Merit Appeals Board CHR. CABANAS: Ms. Cabanas—aye. May 16, 2022 We have five ayes. Motion carried to accept and file Communication Number 22-02. Communication No. 22-03, Memorandum From Waylen L. K Leopoldino, Director, Department Of Human Resources (DHR), Dated May 9, Transmitting A Glossary Of Common Terminolo2y/Acronyms That The DHR Utilizes For Its Day -To -Day Operations CHR. CABANAS: We also have Communication number 22-03. Has everyone has the chance to review Communication number 22-03—everyone is nodding. Okay, great. So, is there a motion and a second to accept and file Communication number 22-03. MS. MATHEWS: So moved. CHR. CABANAS: Second? MS. DE SOTO: Second. CHR. CABANAS: Thank you. Motion made and seconded to accept and file Communication 22-03. Any discussion, comments, questions regarding this communication? MR. KUNZ: I just wanted to thank Director Leopoldino for—and/or your staff—who put this together `cause I think these are, like, real fundamental to us that we could have usedI mean, it's not like we we're desperately needing it months ago, but I think this is something that is definitely good. Likewise, Chair, with your information describing the history. I think those are things that help place some credence to what we're doing as well. But, Waylen, thank you very much. This is very informative. MR. LEOPOLDINO: You're welcome. And I do apologize. I know the request was made months ago but we got to it and we got it out to you. So, thank you for being patient. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: I, also, want to thank you very much. And I'm hoping that somebody will compile what you've done—and what you've done—so that an incoming Board member, particularly, people like Kate and L It's difficult when—Charlie's in this world and so is Gabe. But for Mel and Kate and I, it'swe could be using these acronyms in our own world and it not making any sense. So, if somebody put that together since our dear attorney has to do an intro. anyway, he could make sure that people actually saw this stuff. So, I appreciate it and I hope we continue passing it on. Page 10 Merit Appeals Board May 16, 2022 MR. LEOPOLDINO: Thank you. I do want to make a comment that this is not a set list. As it's updated we will, definitely, make sure the Board gets a copy of that. And I totally agree with you, Member Mathews, we—as a director—as a new director coming in, I, myself, had to navigate the waters with these acronyms and these terms. So, I feel like it's very important that we have some sort of manual put together. So, thank you for that comment. CHR. CABANAS: Anyone else? Ms. De Soto. MS. DE SOTO: Yeah. I was just going to request if we could keep this in our binder—our regular binders, so we can reference it as we (inaudible). CHR. CABANAS: Yes, I think that's appropriate. For your reference, and you can always look at it, especially when we have appeal hearings because we need to be pretty much familiar with terminology that both sides the County and the appellant—utilizes. And so, yeah, that's a good suggestion to keep it handy for your reference. Mr. Ventura, any comments or questions? MR. VENTURA: No questions. CHR. CABANAS: Okay. Thank you. Waylen, I just want to thank you for preparing this for the Board. I agree with the Board members that this should be something that each new Board member receives when—and when they get an orientation from the Office of the Corporation Counsel, you can prepare the terminology and acronyms. I would like, for the record, though, for you to just acknowledge the source of these because they're this is not something that you're making up, right. I know you're not. So, could you please explain to the Board your reference. Where are these terminology and acronyms coming from because they're coming from somewhere. MR. LEOPOLDINO: Yes. Thank you. So the terminology that we complied, we do have a DHR has a policy called "general definitions" where these terms were pulled from. I mean, it's a pretty long list but weI pulled the terms that—like Chair Cabanas mentionedI felt that would be utilized in a appeal type process. In our general definitions, the definitions provided are actually the definitions are cited either via HRS, County Charter—so there is a source that is cited in our general definitions policy. The acronyms are the common acronyms. I guess it starts on page 5 -these are the real common acronyms that we use in the office daily, which I thought would also be thoughtful because as I present my report, I sometimes slip into acronym. And so, you have that here. Page 11 Merit Appeals Board May 16, 2022 But that's a great point. It is referenced in our general definitions policy the DHR general definitions. So, thank you. CHR. CABANAS: Thank you, Waylen, and thank you for preparing this for the Board. So, is it our understanding that there will be some sort of little handbook that each new Board member receives in the future? MR. LEOPOLDINO: I'd be happy to have discussion on that. Sure, certainly. CHR. CABANAS: Okay. Because I think we will have like a new Board member next year. Mr. this is the last year for Mr. Ventura to be on the Board. And so, for next year, that we'll probably be a replacement for him or successor to him. Yeah. MR. LEOPOLDINO: Yeah. And I'd be happy to continue discussions on what the Board feels would be a great make-up for a good MAB handbook so we can put something together that's really robust and helpful. CHR. CABANAS: And I thinkoh, go ahead, Ms. Mathews. MS. MATHEWS: May I suggest taking up what she said that you date this document somewhere. And if there is a reference point that that's on there, too. Because that'll help us to realize it needs to be refreshed or suggested—or might be refreshed— CHR. CABANAS: That's a good point. MR. LEOPOLDINO: Thank you. CHR. CABANAS: Thank you for that. So, what I've heard this morning, I just want to summarize is that the Board members would appreciate having the terminology and the acronyms prepared. Also that the Communication number 22-02 and the attachments that I prepared be part of the manual. Is that correct, Board members? Yeah, everybody's nodding. Okay. So, that whoever serves on the Board, even once all five of us are no longer on the Board, successors to all five of us will have some of this background information carrying forward. And then (inaudible). Okay. MR. LEOPOLDINO: Thank you. That makes sense. CHR. CABANAS: Yeah? Okay. `Cause the idea is that we didn't want to have the history lost. We wanted it, kind of, carried forward so everyone understands. Okay. Thank you. Okay, moving along. I understand that, Mr. Leopoldino, you have other meetings scheduled and you have a request that the "Director's Report" be taken out of its usual order. Is that correct? Page 12 Merit Appeals Board May 16, 2022 MR. LEOPOLDINO: Yes, if I may make that request, I'd appreciate that. Thank you. CHR. CABANAS: Okay. So, Board members, is it okay with all of you that we take the "Director's Report" earlier. Mr. Yoshimoto, pardon me. MR. YOSHIMOTO: You need to vote on the Communication we moved forward. CHR. CABANAS: Oh, we didn't vote on it? MR. YOSHIMOTO: Yeah. CHR. CABANAS: Communication 22-03oh, okay. Excuse me. I thought we did, didn't we? Oh, okay, I'm sorry. Okay. Thank you for being on it, our Assistant Corporation Counsel. So, yes, let's go back to Communication 22-03 with the rollcall vote to accept and file Communication number 22-03. Starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. We have five ayes to accept and file Communication number 22-03. Now, we can move on to the "Director's Report" but before we do, I just need to, I guess, have a motion to take the director's report out of order—is that correct? MR. YOSHIMOTO: Yes. CHR. CABANAS: Okay, good. So, may I have a motion to take the director's report out of order from the listed agenda and have a second. MR. KUNZ: So moved. CHR. CABANAS: Second? Page 13 Merit Appeals Board MS. MATHEWS: Second. May 16, 2022 CHR. CABANAS: Oh, Ms. Mathews, a second. Okay. Motion made with a second to take the "Director's Report" out of the listed agenda and to take it now. So, any discussion? Okay, everyone says "no." So, we will start with a rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. We have five ayes to take the director's report out of its regular order on the agenda and to receive it now. Director's Report (Item 8) Deputy Director Introduction; Negotiations Update; Employee Enmement And Retention MR. LEOPOLDINO: Thank you, Chair Cabanas, and members of the Merit Appeals Board. Again, Director of Human Resources, Waylen Leopoldino. Deputy Director Introduction MR. LEOPOLDINO: The first item on my "Director's Report" is our Deputy Director Introduction. And, unfortunately, due to unforeseen circumstances he could not be here this morning. But I do want to announce that Danny Patel has been appointed as our Deputy Director of Human Resources. HeI have asked that we defer this item to the next agenda, so that he can be here and do a short presentation, but did want to let all our MAB members know that Danny was appointed on May I" and we're all very happy to have him especially, me. Any questions? Page 14 Merit Appeals Board May 16, 2022 CHR. CABANAS: I have one. MR. LEOPOLDINO: Yes? CHR. CABANAS: So, did he vacate the EOO/ADA Coordinator position that he was in? MR. LEOPOLDINO: Yes, he did. CHR. CABANAS: Oh, okay. MR. LEOPOLDINO: Yes. CHR. CABANAS: Entirely vacated it? MR. LEOPOLDINO: Yes. CHR. CABANAS: Okay. MR. LEOPOLDINO: So, we are currently recruiting for that position. CHR. CABANAS: Okay. MR. LEOPOLDINO: Yes. CHR. CABANAS: So, it's a permanent vacancy, right? MR. LEOPOLDINO: Yes. CHR. CABANAS: Okay. Thank you. MR. LEOPOLDINO: You're welcome. Any other questions? Thank you. Negotiations Update MR. LEOPOLDINO: Next item on my director's report—"Negotiations Update". Again, I just want to start by saying that the details of the negotiations is confidential, but I do want to announce that we are entering into Interest Arbitration for Bargaining Unit 12, which is our SHOPO union—police officers—starting next week Monday. And the rest of the units we have eight units in the County—four unions. Bargaining Unit 1, so far, is the only unit that has settled. The rest of the bargaining units are in process to be—has reached an agreement and is in the process of being approved. We are waiting for an interest arbitration decision for Bargaining Unit 15 as well, that is the Water Safety Officers. Page 15 Merit Appeals Board May 16, 2022 So, I can answer any general questions about the CHR. CABANAS: I have one. MR. LEOPOLDINO: Yes. CHR. CABANAS: If—let me ask the other Board members first. Board members, do you have any questions about the negotiations update? Mr. Ventura, do you have any? MR. VENTURA: No questions. CHR. CABANAS: Okay. I just have one. With the—what's the impact now with the negotiations update and the legislation that's being approved for the minimum wage to increase all the way over the next several years. I mean, is now that being a factor when you do your negotiations just generally. MR. LEOPOLDINO: Right. So, this process has already, kind of, finalized outside of that legislation. CHR. CABANAS: Okay. MR. LEOPOLDINO: However, the Employer group—HR directors—have already started discussions on addressing that matter. CHR. CABANAS: Okay. MR. LEOPOLDINO: So, it's not going to be deferred until the next round of negotiations. We've already entered into discussions about that. CHR. CABANAS: But it doesn't impact— MR. mpact MR. LEOPOLDINO: Not now. CHR. CABANAS: Not now? MR. LEOPOLDINO: Correct. CHR. CABANAS: Okay. The only reason why I bring it up is I hear individuals mentioning oh, their concern MR. LEOPOLDINO: Right. CHR. CABANAS: What their earning now is so close to minimum wage the proposed minimum wages. Well, not proposed, but it's coming down the pike. And so, valid concerns. Page 16 Merit Appeals Board May 16, 2022 MR. LEOPOLDINO: Yes. CHR. CABANAS: Yeah. Okay, thank you. MR. LEOPOLDINO: You're welcome. Employee Enmement And Retention MR. LEOPOLDINO: And the next item on my director's report is "Employee Engagement and Retention." We're making some—we initiated discussions starting with our Personnel and Organizational Development Division that's with Jenny Sakamoto. I believe you've all have met her. She's taking the charge on developing programs in the area of engagement and retention. Although Recruitment is a huge part of filling our vacancies, there's another half to that which is the retention and engagement of these employees because we can keep filling positions all long. But if we don't have programs in place to keep these employees, make them happy, we're just going to be spinning our wheels. So, at the same time, we're implementing these programs with Recruitment. We're also starting to have discussions on employee engagement and retention. So, initially, our discussions started—we started discussing—starting this whole project with an employee engagement survey, which is currently being developed and discussed within that division. We also want to develop metrics. We felt the survey was a great place to start. But it's not only in implementing the survey, we want to make sure we take action on the survey. We have a lot of employees who feel, "Oh, they're just issuing another survey and that nothing's going to happen." So, before we roll out our survey, we want to make sure we have plans in place to address the issues that come out about the survey. So, we want to be very effective in the way we do it. Some other discussions we had is implementing a mentorship program and a coaching -type program within the County. So, these are the first topics that came up in our discussions. As you all know, engagement and retention there's so many different avenues we can take. So many different types of programs we can implement, but we want something that's effective. And so, that's kind of our initial discussions. I, kind of, had four ideas with engagement. So, Number 1 is metrics. I want to know what's keeping our employees with the County. What is making them stay. The second part is what would make them leave. And then, we want to make sure that we respond timely to any results that we get from these surveys—and in the future—like, when Page 17 Merit Appeals Board May 16, 2022 employees have issues. We want to make sure that we have something in place where supervisors, managers, department heads can respond timely so that the employees know that their voices are being heard. And then, we want to implement policies and procedures to make sure these programs and everything we implement sticks. And then, finally, to develop training for our managers, our directors, our supervisors to make sure that there's buy -in and there's support. And so, that our efforts are not—they're not futile. We can continue these programs and—in their significance. So, that's kind of where our initial discussions went. And so, I'm very hopeful our division head for our Personnel and Organizational Development—this is her this is what exactly she was looking to implement, so she's very excited about getting something started. So, we're looking forward to some great results. So, I just I wanted to update you all on that end as well. CHR. CABANAS: Thank you, Waylen. Board members, any questions? Mr. Kunz? Ms. Mathews? MS. MATHEWS: Of course— CHR. CABANAS: Ms. Mathews— MS. MATHEWS: Yes. CHR. CABANAS: go ahead. MS. MATHEWS: Who does your exit interviews when somebody leaves? MR. LEOPOLDINO: Actually, thank you for reminding me. Exit interviews was also part of that discussion because we don't have an exit interview program. And so, that was also as part of our discussions—the exit interviews. We MS. MATHEWS: Did MR. LEOPOLDINO: Yeah, go ahead. MS. MATHEWS: Well, because I'm thinking that one of the things that happens in exit interviews, if it's the immediate supervisor there could have been some kind of conflicts there. And so, trying to find a neutral parry that's trained in terms of how to do exit interviews without overburdening the department could be interesting in terms of what you gain from that—what you glean. Page 18 Merit Appeals Board May 16, 2022 And I'm just—maybe you can tell us later as to MR. LEOPOLDINO: Our discussions included that the HR representative and assistants in the departments perform these exit interviews because they're the neutral parry and they're the support for the employees and management. So, initially, we're thinking that's the group that would do the exit interviews—is the HR the individual departmental HR representatives. MS. MATHEWS: And then, how would that roll up to your department where you can actually use it to make change? MR. LEOPOLDINO: So, we will—like with the annual performance appraisal reviews, we would ask for copies be sent to our department for review. It'll likely come in with the processing form when we terminate or discharge an employee. MS. MATHEWS: Thank you. MR. LEOPOLDINO: You're welcome. CHR. CABANAS: Okay. Thank you. Ms. De Soto, any questions—no. Mr. Ventura, questions? MR. VENTURA: No questions. CHR. CABANAS: Okay, thank you. I just have one, Waylen. So, the—for the exit interviews—so a form has to be developed just the way you would do any other form and then training of the HR reps. Then, also, what action would be taken by the appointing authority, also, would be part of that and their—what—if there is a problem as to why the person is leaving, right? Okay. MR. LEOPOLDINO: Yeah. That's, basically, what the process would entail. And, like I said, any program that we implement, we want it to be effective. We don't just want it to be something that the employee just go through. So, it would be a solid program that we would try to put in—or focus on in trying to put in place. CHR. CABANAS: I think it's very important to find out why employees are leaving. Do they still value working for the County of Hawaii? Yeah. MR. LEOPOLDINO: Agree. Thank you. CHR. CABANAS: Thank you, Waylen. Anything else to your report I mean, those were the three items that were listed. Page 19 Merit Appeals Board May 16, 2022 MR. LEOPOLDINO: Yes, that is all I have on the report. CHR. CABANAS: Okay. MR. LEOPOLDINO: Any other questions or CHR. CABANAS: Anyone else with questions? No, I don't think so. Okay, thank you, Waylen. MR. LEOPOLDINO: All right. Thank you. CHR. CABANAS: So, going back to our agenda, we are now on "New Business." New Business (Item 6) FY 2021-2022 Annual Performance Evaluation Of The Director Of Human Resources (HR) Process: Proposed Timeline; SurveyMonkey Questions For FY 2021-2022; Merit Appeals Board's Evaluation Tool For The Director Of HR For FY 2021-2022; 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) 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 (Postponed. The Above Matter (Concerning FY 2022-2023) Was Postponed At The Merit Appeals Board Meetinz Held On April 8, 2022 CHR. CABANAS: For discussion and appropriate action, there are two items listed under "New Business." The reason it was postponed, for the record, was that we had not listed Fiscal Year 2021-2022 annual performance evaluation of the director of human resources process. So, that Page 20 Merit Appeals Board May 16, 2022 was inadvertently omitted. So, we decided to postpone Fiscal Year 2022-2023 annual performance evaluation of the director of human resources and take it up today with both fiscal years and all five Board members present. This these items, I believe, we need to go into executive session for. At this time, Board members, may I have a motion and a second for the Board to enter into executive session to discuss and take appropriate action on Fiscal Year 2021-2022 the Annual Performance Evaluation of the Director of Human Resources Process, and also Fiscal Year 2022-2023 the Annual Performance Evaluation of the Director of Human Resources Process, and the Fiscal Year 2022-2023 Human Resources Employee Survey. MR. KUNZ: So moved. CHR. CABANAS: Thank you, Mr. Kunz. MS. DE SOTO: Second. CHR. CABANAS: Second by Ms. De Soto. Any discussion, Board members, or questions? MR. KUNZ: I have one question. CHR. CABANAS: Yes. MR. KUNZ: Okay. So, both items listed separately with—calling for two separate executive sessions but you're asking that we have just one. CHR. CABANAS: We can do one. Is that correct, Legal Counsel? MR. YOSHIMOTO: That's correct, Madam Chair. We can do one motion to get into executive session and just be clear when we're in executive session when we begin and end the next one. MR. KUNZ: Okay. Thank you. CHR. CABANAS: That's a good question. Thank you, Mr. Kunz. Any other questions or comments? Okay. If not, we will do a rollcall vote to go into executive session staring with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. Page 21 Merit Appeals Board MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. May 16, 2022 Five ayes—motion carried for the Board to enter into executive session to discuss the annual performance evaluations of the director of human resources process for fiscal year 2021-2022, which we're going to do first. And then we will also move on in executive session to do fiscal year 2022-2023 the annual performance evaluation of the director of human resources process; and fiscal year 2022-2023 the human resources employee survey. At this time, our Legal Counsel, you have a question or comment? MR. YOSHIMOTO: Can we take a five-minute recess to secure the room and also make sure that our Zoom room is secure so no one can pop in. CHR. CABANAS: Absolutely. Yeah. So, we will now take a five -minutes recess. It is now 10:51 a.m. while we secure the room, here in the Council Chambers, and where Mr. Ventura is seated in Kailua-Kona. RECESS: The Chair called for a recess at 10:51 a.m. RECONVENE: The meeting reconvened at 1:25 p.m. in open session. FY 2021-2022 Annual Performance Evaluation Of The Director Of Human Resources (HR) Process: Proposed Timeline; SurveyMonkey Questions For FY 2021-2022; Merit Appeals Board's Evaluation Tool For The Director Of HR For FY 2021-2022; 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, this is Chair Cabanas speaking. We are now back in open session at 1:25 p.m. with all five Merit Appeals Board members present—Mr. Mel Ventura, our Vice -Chair sitting in via Zoom from Kailua-Kona. Here, in the Hilo Council Chambers of the Hawaii County building at 25 Aupuni Street, in Hilo, Hawaii, are the following Board members: Ms. Kate De Soto, Ms. Gay Mathews, Mr. Charlie Kunz, myself, we have Assistant Corporation Counsel J Yoshimoto and our Secretary -Reporter Glynis Yamada. Page 22 Merit Appeals Board May 16, 2022 At this point, may I receive a motion to accept the evaluation process, as discussed, in executive session for the annual performance evaluation of the director of human resources process for fiscal year 2021-2022. MS. DE SOTO: So moved. MR. KUNZ: Second. CHR. CABANAS: Thank you. Any discussion? Okay, may—we will start with a rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. There are five ayes. Motion carried to accept the annual performance evaluation process for the director of human resources for the fiscal year 2021-2022. At this point, I would like to call for a recess of our meeting and we will continue at a later time. How much time do we need—about 20 minutes? Okay. So, in 20 -minutes we will reconvene our open session. Thank you very much. And it is now 1:27 p.m. RECESS: The Chair called for a recess at 1:27 p.m. RECONVENE: The meeting reconvened at 1:52 p.m. in open session. CHR. CABANAS: Good afternoon, we are now back in open session. This is Chair Gabriella Cabanas of the Merit Appeals Board. We have Mr. Mel Ventura from Kailua-Kona, sitting in via Zoom. In Hilo at the Hawaii County Building, the Hilo Council Chambers, Ms. Kate De Soto, Ms. Gay Mathews, Mr. Charlie Kunz, myself, Assistant Corporation Counsel J Yoshimoto, and Secretary -Reporter Glynis Yamada present. It is now 1:52 p.m. Page 23 Merit Appeals Board May 16, 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 (Postponed. The Above Matter (Concerning FY 2022-2023) Was Postponed At The Merit Appeals Board Meetinz Held On April 8, 2022 CHR. CABANAS: Looking at our agenda, we are now to cover, "New Business." At this time, may I entertain a motion for the Board to go into executive session. MS. MATHEWS: So moved. CHR. CABANAS: Is there a second? MR. KUNZ: Second. CHR. CABANAS: Thank you. Any discussion, Board members? Okay, if not, we will start with a rollcall vote for the Board to enter into executive session, starting with Mr. Mel Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. There are five ayes. We are the motion has been approved for the Board to enter into executive session to discuss the annual performance evaluation process for the director of human resources for fiscal year 2022-2023 and fiscal year 2022-2023, the human resources employee survey. Page 24 Merit Appeals Board May 16, 2022 RECESS: The Chair called for a recess at 1:55 p.m. RECONVENE: The meeting reconvened at 3:52 p.m. in open session. FY 2021-2022 Annual Performance Evaluation Of The Director Of Human Resources (HR) Process: Proposed Timeline; SurveyMonkey Questions For FY 2021-2022; Merit Appeals Board's Evaluation Tool For The Director Of HR For FY 2021-2022; 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) 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 (Postponed. The Above Matter (Concerning FY 2022-2023) Was Postponed At The Merit Appeals Board Meetinz Held On April 8, 2022 CHR. CABANAS: So, okay. We are now in open session at 3:52 p.m. And present in the Hawaiiin the Hilo Council Chambers of the Hawaii County Building are Board members Ms. De Soto, Ms. Mathews, Mr. Kunz, Ms. Cabanas; our Assistant Corporation Counsel, J Yoshimoto; our Secretary -Reporter, Glynis Yamada; our Vice -Chair sitting via Zoom from Kailua-Kona, Mr. Mel Ventura. We are all present. And so, at this point, I would entertain a motion to accept the Evaluation Process the Director of Human Resources for Fiscal Year 2022-2023—and this is the Annual Performance Evaluation of the Director of Human Resources Process, and Fiscal Year 2022-2023 Human Resources Employee Survey. May I have a motion, please? MR. KUNZ: So moved. CHR. CABANAS: Is there a second? Page 25 Merit Appeals Board MS. DE SOTO: Second. May 16, 2022 CHR. CABANAS: Thank you. Motion made and seconded. Any discussion, Board members? No? Okay. MS. MATHEWS: Is this CHR. CABANAS: Yes? MS. MATHEWS: is this the point where you're going to vote difno, never mind. CHR. CABANAS: No. Okay. So, is there—are there any comments or questions? No. Okay. There are none. I will start with a rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried. There are five ayes. Unfinished Business (Item 7) CHR. CABANAS: Next on the agenda, there is no "Unfinished Business." Director's Report (Item 8) Deputy Director Introduction; Negotiations Update; Employee Enmement And Retention (Previously, taken out of order.) Page 26 Merit Appeals Board May 16, 2022 Schedule Next Meeting Date (Item 9) CHR. CABANAS: So we will move on to scheduling the next meeting date. Our secretary - reporter polled all Board members and it is my understanding that we are all available for the next Board meeting on June 17'', 2022, at 10 a.m. in the Council Chambers of the Hawaii County Building, at 25 Aupuni Street, in Hilo, with Zoom capability in the event Mr. Ventura wants to sit in via Zoom from Kailua-Kona. Oh, yes, thank you for reminding me, Ms. Mathews—Ms. Mathews has indicated she will be not in attendance at the June 17'', 2022, meeting. She is excused from the meeting and we will look forward to seeing you, Ms. Mathews, in July. Okay. Adiournment (Item 10) CHR. CABANAS: At this time, may I have motion and a second to adjourn today's meeting. MS. MATHEWS: So moved. CHR. CABANAS: Is there a second? MS. DE SOTO: Second. CHR. CABANAS: Thank you. Is there any discussion to adjourn today's meeting? If none, we will do a rollcall vote to adjourn with Mr. Ventura starting. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas. MS. CABANAS: Aye. Page 27 Merit Appeals Board May 16, 2022 Motion carried with five ayes. Today's meeting is adjourned at 3:56 p.m. See you all very, very soon. And thank you so much for a wonderful day. Respectfully submitted, b7-ap664,_ Glynis Yamada, Secretary-Reporter APPROVED: iLtA_tut' a.-Ai tnil Gabriella M. Cabanas, Chair Merit Appeals Board Page 28