2006-03-02 Cost of Government Commission Minutes

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recommendations or suggestions, but the County can effect any changes without going through the State Legislature. There are over 2300 County employees. Most of them are in unions and governed by union bargaining agreements. The unions include Hawai `i Fire Fighters, SHOPO, the UPW, and HGEA. Salaries and wages are specifically spelled out in the collective bargaining agreements, so the County has little control over this once passed by law. There are a few exempt positions, such as attorneys, but they still benefit from civil service laws and merit issues. The Department also has a Merit Appeals Board, which hears complaints by those not presented by a union. Most labor issues are governed by law and beyond the County's control, and changing the laws would be difficult. Mr. Sakaguchi commented that the collective bargaining laws were established 50 to 60 years ago when conditions were quite different and that things have changed a lot since then. Mr. Udovic told Mr. Sakaguchi that he is welcome to examine this, as the Mayor didn't give him any restraints, but to be aware that there may be other issues to deal with. The collective bargaining laws, though old, were updated when they were rewritten five to six years ago. However, there may be some matters that should be examined in negotiating union contracts. Ms. Cushnie asked about the many job openings the County has and whether difficult or unsatisfactory employees are part of the problem. Mr. Udovic said that most employees are very dedicated and hard - working. However, many people could get higher pay in the private sector. He stated that it is also difficult to find people with the required skills for some jobs, as the Big Island does not have a large labor force to choose from. He said that Gabriella Cabanas of the Civil Service Department is the expert on this. Ms. Garson suggested the commissioners make notes on areas they want to explore. Mr. Joseph questioned whether the Corporation Counsel represents all County employees or just those in management, and Mr. Udovic said that it depends on circumstances. He explained how the Office of the Corporation Counsel investigates whether management employee acted in the course of the job and if so, the Corporation Counsel will provide representation. If feel employee was up- and -up, representation will be provided. Investigation may have revealed no ethical violations on behalf of management. Mr. Sakaguchi questioned why the County spends money and resources adjudicating problems, complaints, or grievances, because if a grievant is not satisfied, he or she will take it to court. He questioned why the County spends money trying to resolve a grievance at the local level, when if it is a contentious situation, it will end up going to court. Mr. Udovic replied that the Corporation Counsel's position is to represent the County if there is a complaint levied against it. A complaint could be made by an employee, in which case an investigation is conducted to determine whether or not the complaint has merit. He said that although the Corporation Counsel litigates those cases, they do not occur very often. He said the