HomeMy WebLinkAbout2018-03-22 Salary Commission MinutesPage 1
TRANSCRIPT OF PROCEEDINGS
SALARY COMMISSION MEETING
Held at the Hawaii County Building, 25 Aupuni Street,
Hilo, Hawaii, 96720, commencing at 10:00 a.m., on
March 22, 2018.
REPORTED BY: TERI HOSKINS, RMR, CSR #452
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1
2 CHAIRMAN:
3 HUGH Y. ONO, P. E.
4 VICE -CHAIR:
5 FLORENCE K. IKEDA
6
7 BOARD MEMBERS:
8 THOMAS E. FRATINARDO
9 GEORGE W. CAMPBELL
10 JAMES W. HIGGINS
11 MILTON PAVAO, P. E.
12 HAROLD D. DOW
13 NELSON H. HARANO
14
15 ALSO PRESENT:
16 AMY SELF, DEPUTY CORPORATION COUNSEL
17 WILLIAM V. BRILHANTE,JR., EX -OFFICIO
MEMBER
18 GLYNIS YAMADA
19 JENNIFER SAKAMOTO
20 ALLAN M. YOKOYAMA
21 DEANNA SAKO
22 MICHELE LAMKIN
23 TAMMY SHIRAISHI
24 PAULA PAVAO
25
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1 CHR. ONO: Call the meeting to order.
2 Why don't we start off with our usual roll
3 call that we have. This time we'll start with George
4 since he's newly inducted.
5 MR. CAMPBELL: George Campbell present.
6 CHR. ONO: Okay.
7 MR. HIGGINS: Jim Higgins present.
8 MR. PAVAO: Milton Pavao here, I think.
9 CHR. ONO: Hugh Ono. I'm present, too,
10 physically.
11 MS. IKEDA: Florence Ikeda present.
12 MR. DOW: Harold Dow present.
13 MR. FRATINARDO: Tom Fratinardo present.
14 MR. HARANO: Nelson Harano present.
15 CHR. ONO: All present and accounted for.
16 Just let me mention a couple things. Now
17 that we're full, with the exception of one
18 representative from District -- I don't know whether
19 it's 8 or 9 or -- one of those, but this morning both
20 George and Nelson were officially sworn in for terms
21 ending, I think, in 2022. Does that sound right?
22 MR. CAMPBELL: Yeah.
23 CHR. ONO: So, we look like we're going to
24 be whole at least through the end of this year. I
25 think Harold's term ends this December, right?
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MR.
DOW: Yes, it does.
2
CHR.
ONO: Okay. Then we can go for a
3
reappointment
then; so it's all good.
4
So if
anybody knows of any person that
might
5
be interested
in becoming a member from District
9,
6
please let us
know.
7
MR.
HIGGINS: Where is that?
8
MR.
DOW: Who is the councilperson for
that
9
district?
10
CHR.
ONO: That's North and South Kohala,
11
I think.
12 MR. BRILHANTE: Yeah, that would be Tim
13 Richards.
14 MS. SELF: It's Waimea?
15 MR. BRILHANTE: North and South Kohala. The
16 councilperson is Tim Richards.
17 CHR. ONO: Okay. Also happy to announce
18 that we have a permanent director of Human Resources.
19 And congratulations to Bill Brilhante.
20 MR. HIGGINS: Yeah.
21 CHR. ONO: I was going to act up if he
22 wasn't selected. Nobody wants that.
23 But can I turn the floor over to you for
24 whatever you want to say, Bill?
25 MR. BRILHANTE: Yes. Good morning, Chair,
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1 and thank you very much.
2 Again, I was selected, as Chair Ono has
3 mentioned, as the permanent HR director. At this time,
4 I would like to call -- I made a selection for our
5 deputy, and I wanted to call him forward for an
6 introduction.
7 Allan, if you could come up.
8 This is Mr. Allan Yokoyama. He comes in
9 originally from Oahu. His wife is from Hilo. He's
10 here taking care of his family commitments, and I was
11 fortunate; we brought him in maybe about six months ago
12 under an employment contract to specifically work as
13 the division head for workers' comp and health and
14 safety division. He's been with us since then. I
15 appreciate the work he does, and he brings a great deal
16 of respect and knowledge to the department, and I'm
17 glad he accepted my offer to be a deputy. So I would
18 like to introduce Allan to the commission.
19 CHR. ONO: Tell us about yourself.
20 MR. YOKOYAMA: Okay. Well --
21 CHR. ONO: But not more than 30 seconds.
22 MR. YOKOYAMA: Yeah. That's why I'm trying
23 to think of what else to say.
24 Like Bill said, I'm originally from Honolulu.
25 I moved here temporarily. And my wife is from Hilo. I
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16 MR. PAVAO: Now we can reduce it.
17 MR. BRILHANTE: I'm going to have to
18 interrupt and make sure all this is agendized properly.
19 I don't think it is.
20 CHR. ONO: Thank you very much.
21 Welcome, Teri Hoskins, our court reporter.
22 And today I guess Nancy got bored with our
23 activities; she is not even here. Someone has to call
24 her up and ask her --
25 MR. BRILHANTE: Oh.
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1
have many ties
in Hilo, being a Japanese junior chamber
2
member, and our
sister chapter is Hilo Jaycees of
3
Lehua, so I'm
very familiar with the Hilo workings but
4
look forward to
working with each one of you as well as
5
departments and
make an impact here, as much as I can,
6
to the County
and Human Resources to support Bill.
7
CHR.
ONO: We welcome you aboard.
8
Any
questions?
9
Not
yet.
10
MR.
YOKOYAMA: Yeah. Thank you.
11
MR.
PAVAO: We set Bill's salary already?
12
MS.
SELF: Yeah.
13
CHR.
ONO: Well, what we can do is we set
14
it so we could
attract him; so now you know what we can
15
do.
16 MR. PAVAO: Now we can reduce it.
17 MR. BRILHANTE: I'm going to have to
18 interrupt and make sure all this is agendized properly.
19 I don't think it is.
20 CHR. ONO: Thank you very much.
21 Welcome, Teri Hoskins, our court reporter.
22 And today I guess Nancy got bored with our
23 activities; she is not even here. Someone has to call
24 her up and ask her --
25 MR. BRILHANTE: Oh.
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It
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happened.
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MS. SELF: Nancy the reporter?
MR. BRILHANTE: Yeah. I'm not sure what
MR. HIGGINS: Now we can say whatever we
want. We don't
have
to
worry.
MS.
SELF:
No,
you can't.
CHR.
ONO:
No,
we got Amy here. She's
watching.
Okay. So I understand we have no statements
from the public.
I think the next thing to go to is just the
unfinished business.
I was going to take Deanna Sako out of order,
but just for your information, I've been informed she
is on a conference call, and as soon as she's pau, that
she is going to come on over here and we can put her on
the agenda right away. I believe both Tom and Nelson
had questions of Deanna from Finance but, of course,
when I looked at my notes, it wasn't clear to me what
the hell I was doing. Okay. But when she comes...
So there is no new business, and the
unfinished business is several items: Review of
existing compensation plan. And there are three
bullets under here. It's a talking paper to begin the
discussion on setting salaries in the future, which is
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1 also tied in to Bill 98, which is a draft 2, which I
2 would like to ask Amy to explain a little bit better.
3 We also had Rules of the Salary Commission, which is
4 somewhat related to that.
5 And, in any case, Amy, can we kind of combine
6 these items to talk about them? Because they are
7 somewhat related to each other.
8 MS. SELF: Yes, because I think these bullets
9 are just on here for your open information.
10 But the main issue is reviewing the existing
11 compensation plan for future salaries, because you guys
12 were talking in previous meetings about setting up some
13 sort of a system where salaries would be increased
14 according to some sort of a trigger or something. So I
15 think that's the gist of it. So I think you can just
16 go ahead and talk about anything that's under 6)A).
17 CHR. ONO: Okay.
18 MR. PAVAO: Mr. Chairman?
19 CHR. ONO: Yes, Milton.
20 MR. PAVAO: I would like to propose something
21 that maybe somebody can work on some kind of wording.
22 It probably would have to be some sort of charter
23 amendment; but the amendment would state that for those
24 positions affected by the possibility of inversions,
25 that something we put in the charter is that whenever
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1 collective bargaining grants raises for those employees
2 in particular departments, then the department head
3 should always be 5 percent higher automatically. It
4 will be in the charter such that whenever there is a
5 raise by collective bargaining, the department heads
6 automatically get 5 percent more than what was
7 bargained for; and that will kind of reduce the work of
8 the Salary Commission, because it will be an automatic
9 thing and it will be in the charter. But somebody
10 needs to work on some kind of wording that can be a
11 charter amendment. And, hopefully, if this Bill 98
12 Makes it through, it can coincide with that as a
13 charter amendment.
14 CHR. ONO: Bill, did you want to say
15 something? No?
16 MR. BRILHANTE: I was going to refer to
17 Corporation Counsel for the legal discussion regarding
18 this matter; but there is a provision in the HRS which
19 prohibits salaries of department heads and deputies to
20 be either directly or indirectly tied into raises of
21 civil service employees.
22 CHR. ONO: Yeah. There's a lot that has
23 come out from the statute and from the ordinance that
24 affects what we thought we might be able to do with
25 this. So this discussion we're going to have within
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8
MS. SELF:
Statute.
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1 the next hour
or two is
going to unfold many,
many
2 things that also
relates
to the proposed charter
not allow -- just like Bill
3 amendment 98 --
what is
it, Bill 98, Draft
2, which I'm
4 not quite sure
what the
difference between
the original
5 and the Draft
2 is other
than some language
changes.
6 MR.
PAVAO: So
my proposal would
violate some
7 sort of
8
MS. SELF:
Statute.
9
MR. PAVAO:
I see.
10
MS. SELF:
Yeah, we just became aware there's
11
a statute that does
not allow -- just like Bill
12
explained, it can't
be tied to any union --
13
MR. PAVAO:
Okay, I didn't know that.
14
MR. CAMPBELL:
That's why we're here.
15
MR. PAVAO:
I withdraw my suggestion.
16
CHR. ONO:
Okay. I probably want to
17
start with explaining
this talking paper that was
18
created; but before
we do, are there any questions by
19
any of the commissioners
on anything pertaining to this
20
subject matter?
21
Harold?
22
MR. DOW:
Do you have any comment to make
23
about your appearance
before the Finance Committee to
24
the council?
25
CHR. ONO:
Yes. Yeah. Anyway, yeah, I
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1 did appear before the Finance Committee. Commissioner
2 Higgins was there with me also, and we gave them a
3 comprehensive explanation of what the commission has
4 done, step-by-step, the information used which was
5 furnished to us by reliable sources. And so, I'm not
6 sure how they concluded on this but, in any case, they
7 decided to adopt that Bill No. 98, and I believe it was
8 unanimous, 9-0, or whomever was there. One might have
9 been absent.
10 During the course of this discussion here --
11 Bill, were you there? Amy was there for sure.
12 MS. SELF: Uh-huh.
13 CHR. ONO: And we couldn't have a further
14 explanation on that, but I felt all we did was present
15 information to help them better understand what this
16 commission does.
17 MR. HIGGINS: I can give you my take. My
18 take on it was they asked questions that they already
19 knew the answers to, pretty much. Ms. Lee Loy had been
20 well-prepared; she did her homework. And the Chairman,
21 Mr. Ono, did a terrific job. I thought he did a
22 terrific job in answering the questions.
23 It was fascinating in that there was no
24 mention, or hardly any mention, at all of the push -back
25 from voters regarding the size of the pay raises,
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1 although if you -- at least the feedback I got from my
2 friends and family and reading letters to the editor,
3 the big complaint was that, you know, 20, 30 percent
4 pay raises, blah, blah, blah, that was over the top.
5 Well, none of their questions had anything to do with
6 that, so it was fascinating that the tact they took to
7 show that they were going to do something about it was
8 to attack -- and that's in -- 98 is to attack the
9 procedure that we went through.
10 So it's pretty fascinating when you think
11 about it, that instead of saying, "Yeah it was a
12 wonderful job that you guys did in three meetings. You
13 did exactly what hadn't been done in ten years. We're
14 going to make it even better by putting in more
15 regulations." Bottom line, that's what happened. So
16 thank God she is not here, but political grandstanding
17 at its best. That's the bottom line.
18 CHR. ONO: Thomas?
19 MR. FRATINARDO: Yes, Mr. Chair. Are we
20 going to be actually discussing 98 later on?
21 CHR. ONO: Yeah. Uh-huh.
22 MR. FRATINARDO: So I'll have more chance to
23 question and maybe introduce a motion later?
24 CHR. ONO: Yeah.
25 Here's what the Chair wants to do to set the
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1 stage for this entire discussion. I would like to
2 start off with the talking paper, a proposal to just
3 serve as the basis for discussion; and once I do that,
4 we can use that as the basis for developing whatever
5 we're going to do (SEE ATT. A). Believe me, there's
6 a lot of things that have come out.
7 Also on February 22nd, both Florence and I
8 met with the Department of Human Resources. We met
9 with Jennifer and Bill about, you know, the salary
10 increases. And even since then, some other concepts as
11 far as the statute have come into the picture. So I
12 think at the end of today's discussion, you're going to
13 have a lot more information.
14 But if there's no objection, I would like to
15 start with this thing right here. I think you all have
16 a copy. I just want to go through it and summarize
17 what -- this serves as the basis of this discussion,
18 what's going to happen in the future.
19 So, if you look at the page, the colored
20 sections, which identifies the position title, the
21 current salary and the salary change range, we have
22 divided them up into three areas: the elected
23 officials, which include the administration officer,
24 the managing director, and the deputy managing
25 director. Then the second group would be the officials
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1 that report -- or are appointed by the mayor, the
2 commission, or the county council. So those are the
3 multitude of positions. There's 25 shown there. And
4 the last column is just the comments. So the comments
5 that are noted by the red asterisk are those positions
6 that require either special certifications or more than
7 minimum qualifications. As an example, you know, you
8 cannot have a non -attorney serving as the prosecuting
9 attorney or the corp. counsel. And also police and
10 fire chief require certain minimum qualifications, as
11 do the engineering directors, which require
12 professional engineer's license. And I may have some
13 of these incorrect. It's just kind of a good guess at
14 best. But we can always correct those. And that was
15 Florence's suggestion, to note those that require
16 certain minimum qualifications or certifications.
17 So the next row across is how these salaries
18 would be set. And, basically, I just highlighted certain
19 things, that the Salary Commission can adopt its own
20 administrative procedures. And that's within the
21 statute right now. The starting salary -- so, anyway,
22 the law requires that the salaries for all these
23 positions are set by the Salary Commission and, right
24 now, only the Salary Commission. And, of course, we
25 all know that whatever we decide becomes final.
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1 To address incremental adjustments, the
2 incremental adjustments will occur in accordance with
3 the same annual provisions that are used by collective
4 bargaining and excluded management. Now, that's the
5 part where there's a law that says that we cannot do
6 that. So this idea of setting automatic adjustments is
7 something that Amy will explain right after we're pau
8 here.
9 The bottom part is the procedure for setting
10 this. And also I just want to mention that this is
11 just a suggestion, so it can be subject to change. No
12 problem. But the suggestion is that before each
13 elected term, be it a four-year term for the mayor's
14 office or two-year terms for the county council, would
15 be the time when this commission would be evaluating
16 these salaries for adoption, be it increase, decrease,
17 or stay the same.
18 Furthermore, the annual adjustments, if there
19 are any annual adjustments or increment adjustments,
20 those adjustments need to be made by the Salary
21 Commission; and as Amy will explain, it has to be
22 separate from collective bargaining. Cannot be tied
23 into that.
24 Also, want to mention that -- well,
25 furthermore, proposing on the bottom there, the
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1 adoption of any new salaries could only be approved
2 after two readings by this body, which would give time
3 for the public to comment. And, also, there's another
4 provision we had in there to have the salaries that are
5 being proposed publicized for a certain minimum period,
6 be it 14 or 30 days. And this would also do the same
7 thing that their charter amendment is doing, hopefully.
8 What we're trying to avoid is have the charter
9 amendment passed when we have the same thing included
10 in our own internal procedures.
11 But with that said, any questions so far on
12 this? Otherwise, I would like to have Amy explain the
13 law.
14
Okay. If not, Amy.
15
MS. SELF: Okay. So you're
talking about the
16
bill that was introduced by Council Member Lee Loy?
17
CHR. ONO: Anything. Doesn't
matter.
18
We're discussing all this at the same
time. But
19
primarily the one that precludes us from
20
automatically...
21
MS. SELF: Okay. So that's
HRS 78-18.3. And
22
what it says in pertinent part is any
law to the
23
contrary notwithstanding, neither the
State nor any of
24
the counties shall provide or pay to the following
25
state or county officers or employees
any adjustment or
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1 increase in the officer's or employee's respective
2 salary or commission where such adjustment or increase
3 constitutes a mandatory adjustment or increase, which is
4 directly or indirectly dependent upon and related to
5 negotiated salary adjustments or increases received
6 under collective bargaining agreements by civil service
7 or other public employees covered by collective
8 bargaining.
9 So, that's why you can't tie it to any sort of
10 collective bargaining.
11 MR. PAVAO: Amy, based on your knowledge and
12 based on your experience, do you have any idea what was
13 the intent of that or why they did that that way?
14 MS. SELF: I have no idea. Maybe to give the
15 State and the Counties the ability to adjust salaries
16 or either increasing or decreasing, depending on the
17 economy, or -- I think it's probably just to provide
18 more flexibility because these are elected officials
19 and appointees.
20 CHR. ONO: I wanted to mention something
21 else which I forgot to mention.
22 After deliberating on this, I -- you know, we
23 came up with our own salary schedule the last time,
24 when we set the salary schedule, but I just believe
25 that the best people that know about the salaries would
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1 be the Department of Human Resources. So we should
2 perhaps start each new -- when we're going to do that,
3 no matter if it has to do with the same timing as the
4 collective bargaining or with the new term, have the
5 initial recommendation come from the department; and,
6 you know, that way we could set it up in such a way
7 where it makes sense rather than us trying to create
8 our own.
9 MR. HIGGINS: Well, and wouldn't it make
10 sense to get some kind of idea of the boss or the
11 performance of those that are underneath, so -- instead
12 of starting off at the new election cycle, wouldn't it
13 be more valuable if that, a year into that, all of the
14 big cheeses said, "Well, there's great performance by
15 this individual, "This is lacking, and this
16 individual," or -- we had no input whatsoever. We kind
17 of went, "Well, this is what Honolulu does. This is
18 what Kauai does," and we wanted to catch up, and pretty
19 much gave a blanket 20 or 30 percent raise to anybody
20 and everybody even though we had no input on
21 performance.
22 CHR. ONO: Yeah, Amy?
23 MS. SELF: Keep in mind that it's not the
24 person's salary you're setting. You're setting the
25 salary for the position. And so, what had happened was
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1 for ten years, these positions had not had an increase.
2 So it's not the people that are in those positions,
3 it's actually the position.
4 And so, one of the things that came up when
5 the commission was discussing this was that it's
6 difficult to attract competent people to those
7 department head positions when the salaries have
8 stayed at a level for ten straight years. So you got --
9 think of it in terms of position rather than person.
10 CHR. ONO: And I don't disagree with you
11 that we could get input from an appointing authority if
12 they wanted to reset that salary at another level.
13 MR. FRATINARDO: Amy, I have a question. So
14 historically, back in 1990, in the charter, the reason
15 we -- in the 1990 amendment to the charter, it was that
16 we would use collective bargaining to give salaries to
17 the county council. So why did that change? That was
18 my question I was going to ask Deanna. But maybe now
19 we're going to focus through the Human Resources side,
20 is there some way to find out what was the statutory
21 change that made that process change for the salaries
22 from the county council?
23 MS. SELF: Well, it's the statute that I just
24 read, but I'm not sure when that law was passed.
25 MR. BRILHANTE: You know, the impetus for the
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1 creation of the Salary Commission goes back to the
2 '90s, then we had specific amendments in the early
3 2000s. And I had an opportunity to just do my own
4 historical, you know, investigation, looking back, and
5 I talked to several of the council members.
6 We were fortunate that one of the
7 Council members actually was serving on the council back
8 then, Aaron Chung. So I had a chance to talk to him,
9
and, you know,
he
was pretty
much
involved
with those
10
amendments at
the
time. And,
you
know, he
recalled
11 that one of the driving factors for the creation of the
12 Salary Commission was the fact that the pay of the
13 department heads and deputies became so politicized,
14 what was happening was the mayor at the time, whoever
15 it was, whether it be Yamashiro, Bernard Akana,
16 Dr. Carpenter, or, you know Matayoshi, going all the
17 way back, in order for them to increase raises or
18 increase salaries of their department heads, they had
19 to submit a formal proposal to the county council. And
20 it became a political hot potato. If the county
21 council was a favorable county council to the
22 administration, raises went forward. If the county
23 council maybe was somewhat adverse or they had, you
24 know, some issues back and forth with the mayor, then
25 the raises got denied. So, the mayor at the time or they
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1 administration at the time didn't want the prospect of
2 their department heads and deputies' salaries being
3 held hostage by the county council.
4 So that's the impetus or the driving factor
5 for the creation of the Salary Commission was, to
6 remove
the
politicizing
of pay raises for department
7 heads
and
deputies, they
decided to create this
8 independent commission who acts independently, they
9 really don't answer to anybody, and they do an
10 annual -- or they do regular reviews. If you look at
11 the charter, the commission is supposed to be
12 conducting an annual review, you know, by the language
13 in the charter, of the department heads, deputies, and,
14 you know, appointed administration as well as the
15 elected officials.
16 So that's how we got from there to here, you
17 know, and that's why we're here now. What happened in
18 the past ten years is really an unfortunate
19 circumstance. And the simple fact was the commission
20 wasn't meeting annually; it wasn't abiding by the
21 language of the charter job and, therefore, you know, a
22 spattering of department heads weren't able to have a
23 raise since 2007.
24
And,
unfortunately,
the
creation of the
25
commission or
the appointments
of
commissioners --
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1 because what the administration at the time did was, as
2 commissioners' terms expired, they just never
3 reappointed anybody, so the commission never had
4 quorum, never had enough members on it to formulate a
5 quorum. Therefore, they couldn't meet. Therefore,
6 they couldn't ever, you know, adjust -- or address the
7 issue of raises.
8 Two things happened back in -- I think it was
9 2012 and 2014. One was the retirement of Jay Kimura
10 and the fact that the deputy corporation counsel and
11 prosecutors' salaries are specifically tied in to the
12 higher salary of either the prosecutor or the corp.
13 counsel. And when Jay retired, the next -- you know,
14 the new prosecutor coming in would have started at a
15 much lower, you know, salary because of the tiered
16 system; so, therefore, a majority of the deputy
17 prosecutors and deputy corporation counsel attorneys
18 would have had to have taken up to a 15 or 20 percent
19 reduction in their salary. So I know that was a
20 driving factor for the mayor to appoint a quorum. At
21 that time, they just appointed five members and they
22 addressed that issue.
23 And then, the second time the commission met,
24 you know, during that span, I think, was in 2014, and
25 the issue that arose at that time was the appointment
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1 of the new fire chief, the selection of the new fire
2 chief. Chief Oliveira retired and Chief Rosario was
3 appointed. And he was the assistant fire chief at the
4 time of his appointment, and he would have had to have
5 taken a $16,000 cut in pay due to the -- you know, the
6 current salary structure at that time in order for him
7 to accept the fire chief position. So, again, at that
8 time, they addressed the salaries of the fire chief and
9 the police chief.
10 But from 2014 until now, you know, there
11 hadn't been quorum and so, therefore, the remaining
12 salaries and the salaries that were set were pretty
13 much stagnant at that time; but as you know, the EMs or
14 the EMCP, you know, so your excluded managers, their
15 salaries are tied into the collective bargaining. As
16 the collective bargaining unions were getting annual
17 increases, the EMs were getting annual increases. So
18 even though, at the time the commission met in 2014,
19 the salaries were like this, over those next couple
20 years, the EMs continued to get raises. That's how we
21 ended up where we are today. Kind of unique. But I
22 think going forward, the problem could have been easily
23 avoided if, pursuant to the language of the charter,
24 the Salary Commission continued to meet on an annual
25 basis. And I think that's the root of the problem
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1 going back.
2 You know, just my own two cents.
3 CHR. ONO: Yeah, I see that, as a
4 necessity, this commission will have to meet regularly
5 if we're going to do the job.
6 I would like to get a feel right now. Is
7 everybody comfortable over here with the recommendation
8 for the new salaries coming from the Department of
9 Human Resources rather than us trying to create our
10 own? I mean, that would be the recommendation. We
11 don't have to adopt it, but at least it gives us a
12 starting point.
13 MR. PAVAO: I think it would be a good
14 guideline -- definitely a good guideline for us to
15 consider, and we still maintain the authority to adjust
16 it either way.
17 CHR. ONO: Gentlemen?
18 MR. PAVAO: But I think it's a good starting
19 point.
20 MR. HARANO: Chairman Ono, I have a comment
21 on that.
22 CHR. ONO: Yes, Nelson.
23 MR. HARANO: By doing so, you know, the
24 proposed -- do we not run in conflict with the charter
25 saying to keep the salary separate from the Human
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1 Resources aspect?
Do we not
run --
2 CHR. ONO:
I think
that's a legal
3 question. I don't know.
4 MS. SELF: You're asking if it is in conflict
5 with the statute that I read --
6 MR. HARANO: Yeah.
7 MS. SELF: -- or the charter?
8 MR. HARANO: Yeah. You know, by taking the
9 direction or suggested number, whatever that number may
10 be from the Human Resources, would that not run
11 conflict to the Salary Commission?
12 MS. SELF: Oh, you mean the Salary
13 Commission's responsibility?
14 MR. HARANO: Right.
15 MS. SELF: No, because I think it would be a
16 recommendation from the HR, from the Human Resources
17 Department. You guys would have the final say. I
18 mean, you don't even have to accept that
19 recommendation; you can put in your own numbers, but I
20 think Chair Ono is just talking about getting a
21 recommendation from the Human Resources. For instance,
22 Human Resources would be able to supply information
23 like maybe cost of living increases -- that kind of
24 stuff that could play into that.
25 Is that correct, Bill?
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1 MR. BRILHANTE: You know, during this
2 discussion, again, I always go back to what is the
3 specific language of the charter. That's always the
4 best starting point. It keeps everybody, you know,
5 going in the most appropriate direction. And with
6 that, if you look at the language of the charter, the
7 task of this commission when it comes to setting
8 salaries is to request input from the appointing
9 authorities as well as the commissions; and from our
10 standpoint, a HR standpoint, you know, we also have to
11 look at -- the language says to take into consideration
12 the salaries of both the private and public sector.
13 And some of you weren't here during the first
14 meeting, but if you recall, the ones that were here,
15 during that first meeting, we had Jenny Sakamoto come
16 up, our Classifications and Pay Specialist, division
17 head, and she came up and she gave you a bunch of
18 documents that specifically related to a report
19 generated where the basis of that report was -- it
20 identified significant salaries of individuals in the
21 private sector that she kind of equated to being
22
similar
positions
to that of
the public
sector, because
23
we know
there's a
significant
difference
between two.
24 And the salaries were reflective of that. The private
25 sector had significantly higher salary.
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1 But then we also went and we obtained
2 salaries from the other jurisdiction, Maui, Kauai, and
3 City and County, and we brought all that information
4 in.
5 MR. HIGGINS: Yep.
6 MR. BRILHANTE: So I would think a
7 recommendation from the Department of HR as to
8 salaries, I can almost assure you it will be based on
9 that same type of information; but it would be
10 incumbent on you as a body to take that information
11 collectively and mull it over and come up with your own
12 independent base recommendation that you feel is fair
13 and proper and just and then move forward with that.
14 So, I mean, HR could provide you the
15 information but, again, it would just be another
16 piece, you know, going forward to make sure that you
17 come up with a fully informed decision as to the
18 salaries.
19 CHR. ONO: For myself, I just think it's
20 a good place to start the discussion because the
21 Department of Human Resources understands the current
22 salaries, they understand the collective bargaining
23 agreements in place and, Bill, you folks also know
24 when the effective dates of these increases, like Fire,
25 is coming up. I think there's one increase in July;
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1 and the following year there's also another increase in
2 July. I'm not sure, but you folks know that
3 information precisely, don't you, Jennifer? No?
4 Anyway, I was glad to hear you endorse that.
5 That's a good starting point.
6 MR. BRILHANTE: I think that will be a great
7 jumping-off point.
8
CHR. ONO: Is
there anybody that
9
disagrees with that?
consideration;
10
MS. IKEDA: No.
I'd like to say,
11
having worked in personnel,
it's strictly a
12
recommendation, and you
folks know all the factors
13
involved, that it would
be a great starting point for
14
us because all we can go
by is by hearsay or what we
15
feel; but you actually have
a basis that you came up
16
with these figures. And
we can, as you said, approve
17
or disapprove, or we can
change and do anything. But
18
it's a great jumping-off
point. That's what I think.
19
MR. BRILHANTE:
And, you know, just to add to
20
that, Ms. Ikeda, is that
we will give consideration --
21
strong consideration --
to what the collective
22
bargaining/the EMCPs are
being granted in comparison to
23
department heads and deputies.
The language of the
24
charter doesn't
say we
cannot take that into
25
consideration;
it just
says that can't be our sole
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1 determining factor and it can't be an automatic tie-in.
2 So, of course, it can be part of the consideration of
3 Just, again, another component or another piece of your
4 final determination.
5 MR. HIGGINS: I'm feeling very comfortable
6 about what you just said because that collective
7 bargaining, whether we want to admit it or not, that's
8 the push. The push is coming from underneath. And,
9 again, it goes along with that inversion problem.
10 That's what, basically, created it.
11 And in the testimony of the mayor, if you
12 recall, was -- a meeting or two meetings -- he
13 basically said the bottom-line problem is collective
14 bargaining, when he was talking about the budget and
15 what we had just done. So, if we have an understanding
16 of a comfortable way to address the collective
17 bargaining input in all of this, we'll be better
18 served.
19 MR. DOW: Can you tell me how active,
20 annually or semi-annually or whatever, raises occur for
21 EMs?
22 MR. BRILHANTE: Pursuant to the HRS, the
23 excluded managers are to receive equal to their
24 collective bargaining counterparts. So depending on the
25 union, say for UPW -- primarily HGEA, SHOPO, and Fire,
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1 they receive under the current contract, I believe --
2 and correct me if I'm wrong -- they're receiving
3 raises approximately every six months, 2 percent, 2
4 percent, Jenny? Just approximate estimation.
5 MS. SAKAMOTO: For EMCP or for --
6 MR. BRILHANTE: The collective bargaining.
7 The HGEA, SHOPO, and HFFA.
8 You know, the problem is HGEA -- I mean, UPW
9 and SHOPO entered into a four-year agreement, so the
10 raises are kind of spread out over a little longer
11 period of time, whereas HGEA and Fire are under a
12 two-year Collective Bargaining Agreement, yeah.
13 MR. DOW: It appears to me, if we're going to
14 keep salaries of our department heads ahead of the EMs,
15 we're going to have to be as active as the EM system
16 is.
17 CHR. ONO: Yeah. No question.
18 Otherwise, you got the same thing with the lagging
19 behind.
20 MR. BRILHANTE: Do you want to -- again,
21 Jenny Sakamoto. She's the classification and pay
22 division head.
23 MS. SAKAMOTO: I'm sorry. Off the top of my
24
head,
I can't
recall what every bargaining unit is
25
going
to get,
but even within like across-the-board
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1 raises, some of the collective bargaining agreements,
2 they will also get step movements. So it's all tied
3 within whatever that collective bargaining agreement
4 will allow for through that course of negotiations.
5 So I don't know if you want to comment on
6 EMCP, but it's tied to the collective bargaining
7 agreement of
their counterpart; but
even within there,
8 they can also
get more than whatever
their counterparts
9 are getting.
10 MR. BRILHANTE: And that's the unique aspect
11 of the EMCP is that they get equal to or no less than.
12 So, in some jurisdictions, the EMCPs are -- as it
13 relates to certain items -- let's just take a real
14 generic item. Say like SHOPO, the police officer, you
15 know, they get a thousand -dollar -a -month gun allowance.
16 Those increase -- I mean, a year gun allowance to take
17 care of their weapons. And that was increased from 500
18 a year previously. And something like that, it's hard
19 to quantify or it's hard to, you know, extrapolate out
20 as it relates to -- maybe the police chief or the
21 deputy, I'm not sure if they're even required to carry
22 a gun. I would assume they would be, but there's no
23 guarantees.
24
So,
in that
regard,
you know,
if you look at
25
the EMCP, what
we did
was we
provided a
mechanism where
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1 it wasn't specifically tied in to the gun allowance,
2 but we made sure they qualified for that thousand
3 dollars as well because, you know, for us to go
4 through the whole process and say, "Oh, this guy is
5 required to carry a gun, this manager is not, this
6 manager is," it is just too arduous a process. So what
7 we did was we just gave it to everybody, all the EMs
8 across-the-board. Again, the restriction is "no less
9 than," so as long as they're equal to or above, then
10 we're comfortable. And I think that's what Jenny was
11 alluding to.
12 MR. PAVAO: Bill, what does "EMCP" mean?
13 MR. BRILHANTE: It's the Excluded Management
14 Compensation Plan.
15 MR. PAVAO: Oh, compensation plan.
16 MR. BRILHANTE: Because when you do a
17 collective bargaining, they come out -- in part of the
18 CBA, the agreement, is that they set a salary schedule,
19 and that's a salary schedule specific to the civil
20 service employees, right, the collective bargaining
21 employees. We don't have a salary schedule for the
22 EMs, so under the statute, the County is required to
23 set a salary schedule for the EMs, and that's what --
24 salary and compensation -- compensation and benefit
25 schedule for the EMs. So that's what we refer to as
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1 the EMCP.
2 MR. FRATINARDO: And, for example, for
3 police, it starts at captain and above?
4 MR. BRILHANTE: It depends if the captain is
5 considered to be a manager's level. I think when I did
6 the list, there were several captains on that list.
7 When I did the list of the EMs, they were. I believe
8 there are 27 officers within the police department that
9 qualified for EMs.
10 CHR. ONO: Jennifer, before you go, as
11 best as you know, for the commission's information,
12 what is your best understanding of when these increases
13 occur for the certain units? Just the ones that you
14 know for sure. I don't care about the percentage, but
15 when are they occurring?
16 MS. SAKAMOTO: You know, I'm sorry, I'm not
17 the person that's involved in collective bargaining for
18 our office, so I don't always know like all of those
19 salary increases and their schedules.
20 Do you know off the top of your head?
21 MR. BRILHANTE: Yeah.
22 MS. SAKAMOTO: There's some already
23 scheduled.
24 MR. BRILHANTE: So, like I said earlier, was
25 that two of the bargaining units, UPW and SHOPO, enter
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1 into four-year agreements, whereas HGEA and HFFA or
2 Fire are two-year agreements. The benchmarks, usually,
3 for raises we see is either July lst, which is the
4 start of the fiscal year, or January lst. So there are
5 some of the bargaining units that are affording raises
6 both July and then the subsequent January, you know,
7 for their members.
8 Longevity raises or, you know, years of
9 service type raises associated to the collective
10 bargaining, we tie that into our EMCP and we tie it
11 into their date of hire. So when a EM becomes -- is a
12 newly appointed EM or newly hired EM, that's considered
13 their EM date of hire, and we give them their seniority
14 or longevity increase or bonus on their date of hire,
15 and we also -- again, with the gun allowance for HPD,
16 it's kind of like a bonus; we tie that into the start
17 of the fiscal year.
18 The danger of doing January bonuses is that,
19 oftentimes, depending on the part of the year you're
20 having that discussion or the contract is ratified, you
21 don't know if it's part of the old budget and now they
22 have to look for money. At least if you make it July
23 lst, it can be incorporated into a newly submitted
24 budget based on fiscal year.
25 So you know, those are some of the
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8 didn't anticipate.
9 MS. SAKAMOTO: I guess we could always give
10 you folks a summary of the upcoming scheduled raises
11 that we're aware of that have already been approved
12 through collective bargaining so that, you know, like
13 come July lst, all of these bargaining units are going
14 to get raises, and what those percentages will be, so
15 that you can plan for it. So we can give you a summary
16 table if that's what you want.
17 CHR. ONO: Well, we would have to
18 anticipate that because, if the recommendation comes
19 from your department, it would come to us in advance,
20 so we can act on it at an appropriate time for
21 effective dates.
22 MS. SAKAMOTO: Yeah. Because I think they're
23 starting -- are they starting negotiations for the next
24 round? I think BU14 is still finishing up.
25 MR. BRILHANTE: The award for BU14 just came
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1 considerations you can make.
And
I think, you know,
2 both the mayor and Deanna alluded
to that when they
3 gave previous presentations,
that
it's so much easier
4 to deal with proposed raises
when
you do it on the
5 fiscal year timetable, July
lst, because then proposed
6 budgets and new budget submittals
can be reflective of
7 that and it's not trying to
cover
something that you
8 didn't anticipate.
9 MS. SAKAMOTO: I guess we could always give
10 you folks a summary of the upcoming scheduled raises
11 that we're aware of that have already been approved
12 through collective bargaining so that, you know, like
13 come July lst, all of these bargaining units are going
14 to get raises, and what those percentages will be, so
15 that you can plan for it. So we can give you a summary
16 table if that's what you want.
17 CHR. ONO: Well, we would have to
18 anticipate that because, if the recommendation comes
19 from your department, it would come to us in advance,
20 so we can act on it at an appropriate time for
21 effective dates.
22 MS. SAKAMOTO: Yeah. Because I think they're
23 starting -- are they starting negotiations for the next
24 round? I think BU14 is still finishing up.
25 MR. BRILHANTE: The award for BU14 just came
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1 out yesterday, so we'll be circulating that. We have
2 already started negotiations for Fire because their
3 CBA runs from July 2017 through July 2019. And so, we
4 started negotiations for Fire about three weeks ago,
5 and HGEA again, who has another two-year contract, so
6 '17 to '19, we're set for negotiations in June,
7 beginning part of June for HGEA, all of the various
8 units. But those discussions wouldn't be part of a CBA
9 until July lst of 2019.
10 CHR. ONO: Anyway, with -- in my mind, if
11 we get a recommendation on a timely basis from the
12 Department of Human Resources, that will initiate this
13 Salary Commission -- we will have to work closely
14 together with the department so that we enact something
15 at the appropriate time, be it at the beginning of the
16 fiscal year or in January. Preferably -- I can see we
17 should try avoiding doing something in the middle of
18 any operating fiscal year. So, the beginning of a
19 fiscal year always starts -- County is on an annual
20 budget, right? Yeah, it is.
21 MR. BRILHANTE: Correct.
22 MS. SAKAMOTO: The budget starts July lst, so
23 usually it's submitted by March from the
24 administration. So, council reviews it and it's
25 usually approved before, so...
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1 MR. FRATINARDO: So necessarily, like -- it's
2 been overlooked for the past ten years, so there will
3 be a trigger mechanism that's built into the system
4 with Human Resources to advise us when it has to happen
5 so it's not overlooked again like previously?
6 MR. BRILHANTE: Well, from a practical
7 standpoint, I would say my recommendation would be that
8 if we said, okay, this commission should meet at least
9 every January, you know, either December or January, to
10 address potential raises, and if the commission is so
11 inclined to approve raises, then the mindset should be
12 that these raises would become effective July lst of
13
that year. So it would give
-- January,
February,
14
March -- enough time for the
departments
and the
15 administration to make whatever assessments they need
16 as to availability of funds and then it gives
17 everybody enough time to go forward. And by
18 "everybody," I mean -- you know our fiscal, our
19 payroll, everybody is so dependent on the raises. It's
20 not just, "Okay, you're going to get a raise" and
21 tomorrow it shows up in somebody's check. There's a
22 process. And that process -- you know, we kind of
23
allowed the
beginning of the year to
be that trigger,
24
just annual
meeting, January to sit
down. One thing
25
we'll know
is, for the most part, we'll
kind of have a
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1 pretty good idea of what the prospective collective
2 bargaining groups will have as far as raises coming up.
3 And, again, it will give sufficient time to make the
4 proper adjustments by the department and the
5 administration.
6 MR. FRATINARDO: Watching the Finance
7
Committee hearing,
Ms.
Lee Loy,
during her questioning
8
of the
Chair, she
inferred
that
it's just the duty of
9
the --
or why isn't
it
just the
duty of the Hawaii
10
County
Council to
give
the raises? And it was just
11
kind of appearing
to me
that she
wanted that control
12
back.
And I understand
what you
were saying earlier
13 about the explanation you gave regarding the
14 politicization, and I just don't understand that she
15 doesn't understand that concept of that, that it's to
16 take it out of that political court and put it into
17 more of an intellectual method of giving these raises.
18 MR. BRILHANTE: And, quite honestly, in
19 addition to that, my concern, which I raised, was not
20 only were they circumventing the original intent of the
21 creation of the Salary Commission by taking it back to
22
the
council, but
if you look at the salaries,
part
of
23
the
consideration
for the Salary Commission is
to
set
24 the salaries for the county council and the chair; so
25 almost, in essence, they would be setting their own
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1 salaries under that proposal.
2 MR. FRATINARDO: Exactly.
3 MR. HIGGINS: Mr. Chairman, another topic
4 that I think we should address that's very important,
5 and we've sort of dismissed from day one -- although in
6 our first meeting, we briefly talked about the word
7 "affordability," and that's never come up in any
8 deliberations. And I think we would be really wise to
9 have it documented somewhere in here that the Salary
10 Commission, in going through its deliberations, does in
11 some degree pay attention to where we can afford all of
12 this. It seems to be that it's an automatic.
13 So now we're going to get updates on when the
14 collective bargaining, but there may be times where we
15 can't afford it and that the budget people or the mayor
16 comes in and says, "Hey, the economy is going like
17 this. I mean, there's got to be something that we
18 just have in our writing or in our paperwork that we go
19 on notice and letting the world know, including
20 Ms. Lee Loy, that we are paying attention to where we
21 can afford it. I mean, we're all taxpayers, and the
22 money just doesn't come from the trees. So I think it
23 would be very wise to just mention that somehow, even
24 though we may not be paying that much attention to it.
25 It looks like we're not, but we may have to in the
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1 future. So, anyway, it's a small thing, but it's a big
2 thing.
3 CHR. ONO: Well, before Amy says
4 something, I see no problem in adding that to our
5 evaluation criteria. Okay.
6 MS. SELF: Just keep in mind that was brought
7 up during a couple of your meetings, and it's all in
8 the minutes, and we have a reporter, and it is all
9 documented.
10 MR. FRATINARDO: Yeah. I want to say we did
11 our due diligence on asking those questions, and they
12 were answered to us, which brought us to this
13 conclusion last December.
14 MR. HIGGINS: Well, that's not my point. I
15 recognize that we did talk about it but very briefly.
16 But we have to have it in our covering in the future
17 somehow, figure it out.
18 MR. FRATINARDO: Got you.
19 MR. HIGGINS: But, otherwise, our
20 constituents, which is our family and friends and all
21 our buddies and our golfing buddies and stuff, they
22 bring that up, "Hey, where's the money coming from?
23 Can we afford it?" That's all I'm saying is we should
24 at least have that in there.
25 CHR. ONO: Florence?
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1 MS.
IKEDA:
Bill,
I
wanted to know,
2 like on these
raises,
where
is
it tied in? Because,
3 you know, we keep giving these raises. Okay? Say, for
4 instance, you're the head of a department and you
5 worked 20 years, so we raised your salary and you are
6 like maybe at $500,000, just as an example; but then
7 somebody comes
in with zero
experience, but because the
8 salary was set
at 500,000,
are we still going to give
9 him the 500,000
when he has
zero experience and you had
10 20 years of experience? Is there any equity? Do we
11 readjust? Is it up to the salary committee to readjust
12 or what have you?
13
MR.
BRILHANTE:
I would be very happy if you
14
set my salary
at 500,000.
I'm not sure anybody else
15
would be, but
-- anyway, you
know, that's a very good
16
point. And experience and
years of service are primary
17
components of
an employee's
salary. We see it in the
18
collective bargaining where we do the step increases
19
and the like.
And that's
the purview of the
20 commission. If you feel that a salary is deemed to be
21
somewhat
significantly higher
which was based
on a
22
previous
employee -- let's go
back to the Jay
Kimura
23
example.
Jay Kimura's salary,
because of his
number of
24
years as the county
prosecutor, you know,
back in
the
25
tiered system, his
salary I would almost
estimate
was
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1 near the top of the scale. And when he decided to
2 retire, a new prosecutor came in, you know, Mitch Roth,
3 and he had significantly less number of years of
4 experience. I'm not making a determination as to the
5 capabilities of him being able to do the job; I'm just
6 using it as an example. And under that old system,
7 Mitch's salary was automatically reduced to the initial
8 starting point.
9 Again, the danger with that -- and, you know,
10 I always give a cautionary note when it comes to
11 this -- is that with the tiered system, historically,
12 you know, from the transition of the first Kim
13 Administration to the Kenoi Administration, that was
14 somewhat a unique situation in that a number of the
15 department heads or the administrative personnel that
16 were in the first Kim administration were retained by
17 the Kenoi administration, so you had that continuancy,
18 you know. And a good example was Lincoln Ashida. So
19 he had 12, 13 years of service because he served under
20 Mayor Kim, and then he was retained by Mayor Kenoi at
21 least through the first and part of the second term.
22 Historically, though, you don't see that.
23 Historically, you see a turnaround of department heads.
24 You know, if a mayor serves for two years, his
25 department heads are in there through term limits, for
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1 eight years -- I mean two terms. His heads and
2 deputies are in there for eight years. At the end of
3 eight years, boom, there's a new crop. Very similar to
4 what happened this past -- you know, this transition
5 from the Kenoi administration to Harry Kim's second
6 administration here, second stint at mayor.
7 So that's what you are going to have. You're
8 going to have the eight-year historical turnaround. So
9 a lot of your longevity or a lot of your years of
10 service are going to be capped at eight years, for the
11 most part, outside some unique circumstances, which I
12 alluded to earlier. That's something the commission
13 definitely should consider when you set the salary. If
14 you are planning to do that on an annual basis, again,
15 the administration, the transition is in November, and
16 that's something that -- I'm not sure how you want to
17 address that. I mean -- I'm sorry -- it's the first
18 week of December, usually around December 5th. So
19 that's something that you can consider moving forward.
20 But that's definitely something that -- a good point
21 that you raised.
22 MR. PAVAO: I have a comment. This
23 discussion about paying according to experience, one
24 guy was in there, he gets -- somebody else comes in
25 with less experience. That kind of conflicts with what
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1 Amy was cautioning us earlier where compensation is for
2 the position, not for the persons. If somebody is
3 appointed -- and we're not talking about appointed
4 positions, right? We're not talking about rank and
5 file, just appointed -- if the mayor, whoever he may
6 be, appoints somebody that, in his mind, that person
7 has the experience. And, as Amy said, that position
8 should be paid for the position, not for the person.
9 So it's like we're talking from two sides of our mouth.
10 We need to be careful on this.
11 MS. SELF: Can I address this?
12 CHR. ONO: Yeah, please.
13 MS. SELF: Yeah, because if you look at the
14 Charter, section 13-28, which is what your job is to
15 do, it says that you are supposed to review the
16 salaries of the elected officials and board of
17
directors
and deputy
director so that their total
18
salaries
and benefits
have a reasonable relationship to
19
compensation in the
public and private sectors.
So
20
that's what you are
going to be looking at is to
make
21
sure that position
has a reasonable relationship
to
22 what that position is paid in the private sector and --
23 like other counties -- for that position. And that's
24 what you guys were doing this time around; you were
25 comparing it to other counties.
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1 MR. BRILHANTE: And just in addition to that,
2 there's no bright line test. When you're determining
3 the salaries of the department heads and deputies, like
4 I said, all of these are just pieces of a puzzle that
5 you guys all have to bring in, and there's all these
6 various components, and it's up to you to make -- it's
7 up to the commission, the body of the commission as a
8 whole, to determine what piece we're going to give more
9 attention to or what piece we feel is more important.
10 And that's part of your deliberative process moving
11 forward.
12 So, you know, again, there's no bright line
13 test. It's not like we can't use this, or we can't use
14 that, or we can use this -- and vice versa. And I think
15 it's a process, and I think as long as UPW and SHOPO
16 guys go through the process -- Amy was correct in that
17 the record reflects the process; and, at the end of the
18 day, that's what you have to justify, your decision is
19 the steps you took, which was codified in the minutes.
20 CHR. ONO: I'm going to call a rest
21 break, but before I do, I would like to ask for a
22 motion that we ask the Department of Human Resources to
23 submit a recommendation in preparation for July lst for
24 us to deliberate.
25 MR. PAVAO: Second the motion.
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1 CHR. ONO: I didn't make the motion. I
2 just -- I'm asking for a motion.
3 MR. PAVAO: I make the motion.
4 CHR. ONO: Milton has made the motion.
5 MS. IKEDA: I'll second.
6 CHR. ONO: Florence second.
7 Any discussion on that?
8 Not hearing, all those in favor -- George?
9 MR. CAMPBELL: Yeah, discussion -wise, by what
10 HR presents, if we're talking about what we heard
11 earlier, like what you presented to us last year, of
12 all the comparison with the other counties, comparison
13 with the outside world, and whatever you want to bring
14 in from the negotiation world, I mean, so it isn't
15 just -- so it's clear that we're asking for all the
16 things that are required already in our rules and
17 regulations.
18 CHR. ONO: And also, George, they may
19 recommend not -- you know, based on what's currently
20 being paid, they may recommend nothing.
21 MR. CAMPBELL: Yeah.
22 CHR. ONO: So that's part of the
23 recommendation. But I think it's the best source for
24 us to start the discussion because you guys really
25 know best.
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1 MR. BRILHANTE: At the minimum, what we --
2 and, again, historically, our office has provided --
3 and we'll just make it official through this motion --
4 is we'll have salaries of comparable positions within
5 the other jurisdictions within the State. To the best
6 of our ability, we'll pull up the salaries of the
7 private sector, which we did the last time. We'll
8 incorporate that type of information. And the third
9 thing we'll do is we'll incorporate collectively
10 bargaining salary increases or whatever their benefits
11 packages are.
12 MR. FRATINARDO: And will this negate us
13 having to ask the finance director and those people to
14 come and testify before us, or is that information you
15 will already have obtained from them and you will
16 already be advising us on all of that?
17 MR. BRILHANTE: It will just be the empirical
18 information that we have. This is the current snapshot
19 of what is taking place at this point in time. If you
20 want to call up the finance director to question her as
21 to availability of funds or the like, there's no
22 restriction or prohibition about that. It's just going
23 to be a picture of what is on the table at that point
24 in time.
25 CHR. ONO: George?
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1 MR. CAMPBELL: In the motion, it's -- you
2 mentioned July. Earlier I heard a recommendation that
3 we start this process in January, which would be the
4 appropriate time so that it fits with the budget
5 process and all of that, which would be effective in
6 July.
7
CHR.
ONO: The reason I mentioned July,
8
there's a pay
increase coming in July --
9
MR.
CAMPBELL: Yeah.
10
CHR.
ONO: -- and we should look at it.
11
Not that we're
going to enact it.
12
MR.
CAMPBELL: Okay. So to look at it, but
13
if we're going
to follow the fiscal process of the
14
County, we're
starting in January every year, so it's
15
built in to the
budget process so that we are having to
16
see from the finance
director if there are some funds
17
somewhere. In
other words --
18
CHR.
ONO: No, I --
19
MR.
CAMPBELL: -- I'm saying anything we do,
20
it should be in
a timely fashion such that it can be
21
built into the
County budget process.
22
CHR.
ONO: I agree, but I think we need
23 to go through a process by which, if we're going to do
24 that, we intentionally table it at that time until
25 January; but at least we're looking at the numbers.
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1 MR. CAMPBELL: Okay.
2 CHR. ONO: Any other questions? If not,
3 call for the question. All those in favor say "Aye."
4 (All members responded affirmatively.)
5 CHR. ONO: Those against?
6 (No members responded negatively.)
7 CHR. ONO: Motion carried.
8 Take a break?
9 (Recess ensued from 11:05 a.m. to 11:15 a.m.)
10 CHR. ONO: Salary Commission meeting is
11 called back to order, and at this time, Deanna Sako,
12 Finance Director, would you like to come and grace us
13 with your presence?
14 MS. SAKO: Sure.
15 CHR. ONO: This is tied into all three of
16 our agenda items, primarily on the first agenda item,
17 which has to do with the proposal that we're looking at
18 to conduct our future deliberations.
19 So I think there were -- my recollection,
20 there was at least one or two commissioners that had
21 some inquiries for you, Deanna. So why don't we start
22 with Nelson, because I know Nelson had something for
23 you, right, Nelson?
24 MR. HARANO: If I can remember, yes.
25 You know, speaking with the public that I've
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1 come in contact in District 7, you know, everyone is,
2 of course, like eye-popping, like "What? 20, 30,
3 percent raise, and all of a sudden?" And, you know, we
4 have to tell them a story or what they don't know. And
5 in the process of budgets and governmental accounting,
6 as far as these annual salary increases, in the event
7 that they're
not paid
out, you know,
if
it's
not spent,
8 it goes back
into the
general budget
for
the
following
9 year, but do we make some kind of allowance for this
10 increase to be paid out or be held back in reserve for
11 future payment of these salaries? I don't know if
12 there is that hold -back or not, so...
13 MS. SAKO: Deanna Sako, Director of Finance.
14 Basically, each year is a little bit
15 different, but in a year, such as fiscal year '18, when
16 we were preparing the budget and all of our eight
17 bargaining units were still under negotiations, we
18 didn't know what the exact salaries were going to be,
19 including like BU14, where we're still in arbitration
20 with them. So we prepare an estimate and we set it
21 aside in a special account to be utilized during the
22 year once we have the agreements. And, in this
23 particular year, we started to take all bargaining
24 units and all employees, because like our excluded
25 managerial would normally get the same raises that
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1 their counterparts would get. So we would -- that money
2 set aside.
3 Coming up now, in fiscal year '19, where most
4 of our bargaining units actually know the raises, they
5 are actually calculating it person -by -person in each
6 department. So when we know that there's like unknowns
7 coming up or, you know, depending on how you guys
8 decide to do the, you know, directors and the elected
9 officials, then we'll try to take that all into account
10 when we're preparing the budget. When we don't know,
11 then we try to look from within.
12 But, at the end of the year, let's say we have
13 overestimated; we have extra money left in that account
14 where we put for the raises. That would just lapse
15 back into the General Fund fund balance, and that would
16 help us balance next year's budget. So it doesn't
17 necessarily get carried forward; it loses its
18 designation that it's purely for salaries and wages,
19 but it definitely helps for the next year's budget,
20 especially if there's some positions that may be
21 vacant, right? Then we wouldn't spend the money
22 anyway.
23 MR. HARANO: But that vacant positions aren't
24 included in the annual budget, though, right?
25 MS. SAKO: They are, yes.
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1
MS. SAKO: We get 19
MR.
HARANO: Thank you.
2
above -- what the State
CHR.
ONO: Anybody?
3
15
MR.
FRATINARDO: I had a question earlier
4
about the
collective
bargaining, but that's answered
5
for me.
18
other house, yeah.
6
19
CHR.
ONO: In other words, you used up
7
your time.
determination as far as
21
8
22
MR.
FRATINARDO: But quickly, let's say the
9
County of
Hawaii,
we get back that transient
10
accommodation
25
tax money, which is, what, about 19
11
million?
12
MS. SAKO: We get 19
million right now, yes.
13
MR. FRATINARDO: And
above -- what the State
14
is talking about giving us, how
much more on top of
15
that?
16
MS. SAKO: Right now
it says 12 million, but
17
that's only from one house. It
has to go through the
18
other house, yeah.
19
MR. FRATINARDO: How
much of that is
20
allotted -- will you make that
determination as far as
21
what gets allotted to capital improvements and
22
operating budget?
23
MS. SAKO: Right. We
would have to sit down
24
and determine, because there's
conditions in that bill
25
as to what it can be related to;
so we would have to
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1 evaluate to make sure what we want to spend it on would
2 meet that criteria.
3 MR. FRATINARDO: Thank you.
4 MR. BRILHANTE: And, again, that's just a
5 proposal on the floor. We haven't been granted the 12
6 million. I wish we were.
7 MS. SAKO: Yes. We're hopeful, but nothing
8 is guaranteed when you deal with the State. No
9 offense, but...
10 CHR. ONO: Absolutely not.
11 Any other questions?
12 If not, Deanna, thank you so very much for
13 making yourself available.
14 MS. SAKO: Oh, no problem. If you have any
15 questions, call me anytime.
16 CHR. ONO: You want us to call you back?
17 MS. SAKO: No, I'm just saying I'm available
18 to help.
19 CHR.ONO: Thank you, again. Have a great
20 day.
21 Okay. Going back on -- well, we're still on
22 the agenda items. There's a couple things here that
23 the Chair would like to suggest we get done with the
24 first part of what we were talking about, and this
25 would allow us to develop the draft procedure on what
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1 this commission goes through in adopting (SEE ATT. B & c) .
2 So the two things I'd like to look at -- discuss
3 the number of readings that this commission should
4 be required to have before a new salary is adopted.
5 So, in my discussion paper, I had two. And also
6 the duration of time; how long should we be required to
7 publish? So that's related to both how many readings,
8 because if you do two readings, you have time between
9 to publish for sure the meetings.
10 So any discussion?
11 Yes. Go ahead, Bill.
12 MR. BRILHANTE: May I just interject here?
13 You know, that was my takeaway, quite honestly, from
14 the discussion that took place at both the Finance
15 Committee meeting and the first meeting at Council was
16 the fact that raises were proposed and the public
17 didn't have like an official opportunity to provide
18 input on the proposed raises. And, you know, one of
19 things I suggested with one of the council members was
20 that instead of going through this whole gyration of
21 amending the charter, wouldn't it be easier and just as
22 effective if the Salary Commission, on their own,
23 voluntarily amended their rules to incorporate language
24 that would afford the public an opportunity to have
25 prior documented information about what proposed raises
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1 are? Might not even be proposed raises; it might be
2 raises to be stagnant or raises to be reduced. You
3 know, there's no guarantee. Or salaries to be reduced.
4 And we put a mechanism in place within our rules that
5 would capture the same essence as to what the council
6 is trying to accomplish with their charter amendment.
7 And, you know, that's something that can be quicker and
8 just as effective, and I think that's a great thing to
9 do, kind of a proactive approach. "We listened. We
10 heard what the public had to say, we hear what the
11 council is trying to do but yet-- look, we did it
12 already and it's in place." And, you know, that might
13 be a way to kind of curtail some of the discussion.
14 That's just my --
15 CHR.ONO: That was not my idea. It was
16 actually -- it came out when we met with Bill guys
17 on -- Bill and Jennifer on the 22nd of February. I
18 said I love that. So we take the initiative and it's
19 part of a good process.
20 Any comment?
21 MR. PAVAO: It will be a whole lot cheaper
22 than trying to amend the charter.
23 CHR. ONO: George?
24 MR. CAMPBELL: Yeah. So in your proposal
25 there, posting for -- you've got 14 days and some other
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1
time for two readings.
As I look at the amended
2
proposed by council, it
also says something about
3
putting it in the paper
and giving copies of whatever
4
deliberations we do to the
mayor's office and the
5
county clerk's office.
Is that part of what you wanted
6
to consider, or are you
considering less than what's in
7
the current --
8
CHR. ONO: I don't know yet.
9
MR. BRILHANTE:
Commissioner --
10
CHR. ONO: Go
ahead, Bill.
11
MR. BRILHANTE:
Can I have a moment?
12 CHR. ONO: Yeah.
13 MR. BRILHANTE: Let me just jump in again.
14 There is a mechanism in place as it relates
15 to public meetings and public notice; and that's
16 pursuant to HRS Chapter 91. And I would say if we're
17 going to come up with some proposal or some type of
18 rule/legislation, my recommendation would be -- and I'm
19 sure Amy will -- well, she can speak for herself, but
20 I'll recommend we follow the guidelines that are
21 already in place.
22 MS. SELF: Uh-huh.
23 MR. BRILHANTE: Then, you know, there's no
24 smoke and mirrors. We're transparent. We're doing
25 what everybody else has to do and we're just doing it
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1 the right way. That's all we're trying to do is make
2 sure we cross all our is and dot all our i's, or vice
ji
It
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
versa.
CHR. ONO: So what would that be, Bill?
MR. BRILHANTE: It's HR Section 91. And it's
like a 30 -day public notice. We publish an article
within the paper, both in East and West Hawaii. In
that notice, you have a general summary of what you are
going to be discussing at the meeting, proposed
salaries of the department heads, deputies, elected
officials; and you can even list the proposed salaries
if you're that far in. And it's a 30 -day notice. So
instead of meeting in January, you have it published
and you have the 30 days' notice, and they can come and
testify if they are in agreement, in favor of, opposed
to; and you take that information as part of your
deliberation, and you can rule at that very next
meeting. So it's just a one -two-step process.
CHR. ONO: But this would not require a
public hearing?
MR. BRILHANTE: No. You don't have to
incorporate that public hearing into that component.
MR. CAMPBELL: Other than this meeting is a
public meeting.
MR. BRILHANTE: Exactly. That's what this
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1 meeting is. And you tie it in, and you tie the
2 publication notice to the date of your next meeting.
3 CHR. ONO: Florence?
4 MS. IKEDA: Is it our culture to ask
5 either Bill or Amy to write up something for a
6 recommendation, you know, all those, specifics in it so
7 we could take a look at it? Because for us to come up
8 with it, we don't know all, you know, what is there;
9 it's just a recommendation. But you folks would be
10 able to state, and then we could take a look at it. It
11 would be a faster and, I think, a cleaner process for
12 us.
13 CHR. ONO: I'm willing to write the
14 draft, and you guys can work together on it.
15 MR. BRILHANTE: Yeah. Historically,
16 Corporation Counsel has been more than happy to help
17 with rule amendments, at least in my experience.
18 MS. SELF: It sounds like you're talking
19 about two different things, though because if -- I
20 would say that we need to -- they already have rules,
21 so we would need to amend their rules --
22 MR. BRILHANTE: Yes.
23 MS. SELF: -- to include the procedure you
24 were just talking about. But the procedure you're
25 talking about is for when they are getting ready or
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1 they have actual proposed salaries in mind.
2 MR. BRILHANTE: Yeah. And you're absolutely
3 correct. To do this amendment to your rules, it would
4 be a two-step process because this commission has to
5 follow HRS 91. To amend your rules, there's that whole
6 public notice. That one, you're going to have to have
7 a public meeting and the like in order to amend your
8 rules. But the substance of the rule is the public
9 notice requirements as it relates to proposed salaries
10 for department heads and elected officials. That's a
11 two-part process.
12 MR. FRATINARDO: So it's a court in Hawaii,
13 the Office of Information Practices; it's just above
14 and beyond? Just a more -- it's more? It's Sunshine
15 Law on steroids, basically, for us?
16 MR. BRILHANTE: Well, yes and no. The rule
17 amendment part, because this is a commission, a board
18 of commission, recognized official board of commission,
19 you guys are required to follow 91. As far as the
20 rules for adoption of salaries, you know, again, the
21 general requirement on the Sunshine Law is you give the
22 public sufficient information to make a determination
23 as to whether or not a particular individual wants to
24 come and testify or submit written testimony either in
25 opposition to or in favor of the proposed items on your
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1 agenda. So it's like -- you're right; it's a public
2 notice requirement of a public notice requirement.
3 MR. FRATINARDO: Yes.
4 MR. BRILHANTE: And we're just making sure
5 that everything is lined up appropriately.
6 MR. FRATINARDO: Sure.
7 MR. HIGGINS: Bill, does HRS 91 address the
8 concept of voting percentages at all?
9 MR. BRILHANTE: No. That is not required.
10 Generally, it's under -- I believe that would be your
11 own rules and Robert's Rules of Evidence. For a motion
12 to pass, it's generally by a majority.
13 MR. HIGGINS: Yeah. I was going to say this
14 goes beyond even the Supreme Court of the United States
15 of America. So I'm wondering what we say about that.
16 MS. SELF: I'm wondering is the purpose --
17 okay, I'm still not clear. So, under Chapter 91
18 rule-making, the purpose of that is they have a
19 specific procedure that you follow under Chapter 91 to
20 amend your rules. So what I am hearing is that you
21 would amend the rules to include what's in
22 Council Member Sue Lee Loy's charter amendment? Is that
23 the purpose of it?
24 MR. BRILHANTE: Yeah.
25 What I would recommend is that -- I'm not
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1 sure if we would follow that provision verbatim, but if
2 we pull out the pertinent and important parts from it
3 and we incorporate it into our rules, that would be
4 sufficient enough to kind of show everyone that we are
5 taking the information and discussions and the concerns
6 raised and we are incorporating them. I don't know if
7 it has to be verbatim, you know, lifted.
8 MS. SELF: Because I will do a draft of rule
9 amendments where I do a red line on your rules that
10 exist right now, because there are other rules that I
11 want to change.
12 CHR. ONO: I think we'll let Amy do --
13 MS. SELF: Because, specifically, the one
14 about regular meetings, it says that general meetings
15 will be held on the second and fourth Wednesdays of
16 each month unless otherwise specified, but it's not
17 otherwise specified in here. Special meetings --
18 MR. PAVAO: I thought what Bill --
19 MS. SELF: Hold on. We've got more than one
20 person talking, and we have a reporter. That's driving
21 her crazy over here.
22 CHR. ONO: Join the commission.
23 MR. PAVAO: Amy, I thought what Bill was
24 alluding to was that, yeah, we change the rules and we
25 make the requirement for public notice but not
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1 necessarily public hearing, correct?
2 CHR. ONO: Right.
3 MS. SELF: Well, all your meetings have to be
4 public.
5 MR. PAVAO: Yeah -- no, but not have a
6 specific public hearing meeting. I mean, they're
7 welcome to come to our meetings as long as we give them
8 one month prior notice.
9 MS. SELF: I was talking about the actual
10 rule-making procedure. So the content of a rule --
11 because it's not anywhere in your rules right now, we
12 would have to add a new section to your rules to
13 include or to accommodate what's in here.
14 MR. PAVAO: Right.
15 MS. SELF: So what I would suggest is that
16 you go through her proposed charter amendments to
17 Section 13-28 of the Charter and let me know which of
18 these things you want to include so that -- you know,
19 because if you want -- the first one is the
20 publication, to publish in at least two daily
21 newspapers of general circulation in the county a
22 detailed account of its proposal or proposals,
23 including specific increases or decreases in both
24 actual dollar amounts and percentages. I'm reading off
25 the --
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1 CHR.
ONO:
The
latest one?
2 MS.
SELF:
The
latest one.
3 Oh,
here
it is.
This one.
4 CHR.
ONO:
Why
don't we do that right
5 now.
6 MS. SELF: Okay.
7 CHR. ONO: Go through this Bill 98, Draft
8 2, and identify the ones that we agree with; because it
9 will also serve as the basis for us testifying on this
10 bill as it appears in the future council meetings, what
11 we like, what we don't like.
12 MS. SELF: Two more.
13 MR. BRILHANTE: Two more.
14 MS. SELF: Two more readings.
15 MR. BRILHANTE: My concern is that -- I'm
16 going to defer to Amy -- I agree with what Chair Ono
17 has recommended, but is it properly agendized on
18 today's agenda?
19 CHR. ONO: It's there.
20 MS. SELF: Yeah, we had it.
21 MR. BRILHANTE: "Rules of Salary Commission."
22 Perfect. Okay.
23 MS. SELF: Yeah, "Rules of Salary
24 Commission."
25 MR. BRILHANTE: Okay.
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1 CHR. ONO: We just threw it on there to
2 be flexible.
3
MS.
SELF: Okay. So council has two more
4
readings
on Bill
98, Draft 2, and if they approve that,
5
that will
go
on the ballot in the fall, in the November
6
election.
And, if it gets approved through the election
7
process,
then
it becomes part of the charter.
8
So,
if the commission wants to try and amend
9
its rules
in
order to accommodate these changes, we can
10
at least
get
a draft together before the next council
11
reading,
and
then Chair Ono could --
12
MR.
BRILHANTE: Present it.
13
MS.
SELF: -- during public testimony, he
14 could present that to them.
15 MR. FRATINARDO: Excuse me, Amy. I have a
16 question. So is 98 up for discussion right new?
17 CHR. ONO: Yep.
18 MR. FRATINARDO: So where it says "hold at
19 least one public hearing," so in our administrative
20 rules, it talks about a hearing officer. So there's a
21 difference between -- I mean, technically this is a
22 hearing, but a hearing would be a hearing officer, like
23 it says in our administrative rules?
24 MR. BRILHANTE: No, no, no. Under Chapter
25 91, a hearing is just like a general public discussion.
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1 MR. FRATINARDO: Okay.
2 MR. BRILHANTE: An opportunity, a set date, a
3 set time specific where the public can come in and
4 give public testimony and the decision -makers are there
5 to hear what they have to say and, again, part of the
6 deliberative process.
7 You know, let's take a step back, though,
8 just so everybody knows what we're discussing. In your
9 binder, there's a section that's called "Bill No.98
10 Draft 2." And what this - is this is the official
11 legislative submittal to the council. And if you look
12 at the document, the language that isn't underlined is
13 the language that we currently have in place in the
14 charter. The proposed amendments to this is all the
15 language you see with the underline under it. And
16 that's the proposals. If you see anything with a line
17 through it, that's original language that's proposing
18 to be stricken, but we don't have any of that here.
19 We're just discussing the underlined portion, which is
20 section E.
21 MR. FRATINARDO: Yes, this one. That's what
22 I'm referring to.
23 CHR. ONO: So can we go through them one,
24 two, three? Is there a four? There's an (f).
25 MR. HIGGINS: (f).
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1 CHR. ONO: Okay. Agree on the ones that
2 we're fine with and then talk about the ones that we're
3 not so fine with?
4 MR. HIGGINS: And just to clarify, so what
5 we're comfortable with or we want to change, it is to
6 prepare you for your appearance before the next County
7 Council meeting. Isn't that right?
8 MS. SELF: Uh-huh.
9 MR. HIGGINS: In that you would make --
10 whatever we decide here, you would present that with
11 the purpose of getting them to change this 98 to draft
12 3?
13 CHR. ONO: Change or not even proceed
14 with it.
15
MR.
HIGGINS:
Get rid of it or what?
16
MR.
BRILHANTE:
What happens now in the
17
process is that we're at
second reading.
18
MR.
HIGGINS:
Yeah.
19
MR.
BRILHANTE:
For proposed charter
20
amendments at
a committee
meeting and then at three
21
subsequent County
Council
meetings. So, now, as Amy
22
stated, we're
at meeting
No. 2. Under the requirements
23 as well, not only do they have to hear it, but by a
24 supermajority, at least seven of the nine council member
25 votes, the council has to adopt the proposed change.
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1 If at any time during the first, second, or third
2 reading the council votes against adopting the change,
3 then the matter dies.
4 So, with Chair Ono's testimony, it could be
5 council decides to amend the proposed changes, or they
6 don't get the supermajority vote and the matter will
7 die then. They may feel comfortable enough that you
8 know what? The commission is satisfying our concerns
9 by this proposed rule change.
10 CHR. ONO: And Jim was there at the
11 Finance Committee meeting in Kona where I did mention
12 that we were looking at the future and we have
13 something in mind; it was too premature for me to
14 disclose what that was because we had not even
15 discussed it on our agenda. So I felt that that in
16 itself would address, you know, what they're trying to
17 achieve at this meeting.
18 But anyway --
19 MR. HIGGINS: Terrific.
20 CHR. ONO: -- (e) (1) : Publish at least once
21 in at least two daily newspapers or general circulation
22 a detailed account of its proposal or proposals
23 including specific increases or decreases in both
24 actual dollar amounts and percentages. I don't see any
25 problem with that.
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1 MR. FRATINARDO: I'm good.
2 CHR. ONO: Yeah.
3 Consensus? All agree?
4 Yeah, all agree.
5 The second one: Hold at least one public
6 hearing, either in East Hawaii or West Hawaii, provide
7 that any public hearing shall be conducted using video
8 conference technology or allow for public participation
9 from both East and West Hawai'i."
10 And --
11 MR. BRILHANTE: Just to add to that, you
12 know, the Salary Commission does have the capability of
13 setting up a commission meeting here in the council
14 chambers where we can tie in through video stream to
15 the Kona council chambers, and we can satisfy this
16 similar requirement by just holding our regular meeting
17 which is tied into the video streaming; so I don't
18 really see that as a real hindrance, you know, moving
19 forward.
20 CHR. ONO: Does the word "public hearing"
21 connote something which is unusual?
22 MR. BRILHANTE: Well, we shouldn't say --
23 maybe I would amend that language to remove the public
24 hearing requirement and just hold a regularly scheduled
25 meeting.
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1 MR. FRATINARDO: Can we just say "commission
2 meeting"?
3 MR. BRILHANTE: Correct.
4 MR. FRATINARDO: That's what I was asking
5 before.
6 MR. BRILHANTE: Yes.
7 MR. FRATINARDO: Just our normal -- it
8 coincides with our normal commission meeting.
9 MR. BRILHANTE: Correct.
10 MS. IKEDA: Could we say something
11 that our meetings coincide with public so that it's
12 open to the public --
13 MS. SELF: It has to be anyway.
14 MS. IKEDA: Yeah, it has to be.
15 MR. BRILHANTE: It's statutorily required.
16 MS. IKEDA: But I think my thing on
17 this is maybe it's not clear, so that's why they're
18 asking for a public hearing, but if we made it clear
19 that our commission meetings are open to the public,
20 that this would not have to be, or we just have to do a
21 update on whatever is in place.
22 MS. SELF: No, I think the reason this came
23 up is they know that our meetings have to be public
24 because of Sunshine Law, but I think the reason she put
25 this in was because she wanted it to be known on both
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1 sides of the island; because you guys have been having
2 your meetings only in Hilo, and I told her that you had
3 discussed having meetings on both sides, but everybody
4 was willing to come to Hilo, so they just continued to
5 have them in Hilo.
6 So, I think my question is if you're going to
7 go along with this, do you want the rule to indicate
8 that your meetings will be video conferenced in Kona? I
9 mean, is this for every meeting --
10 MR. BRILHANTE: No, no, no.
11 MS. SELF: -- or just when you come to
12 your --
13 CHR. ONO: Just for the salary --
14 MS. SELF: Okay. Just when you come up with
15 the salary proposal, then you would -- once you have
16 those proposals put together, then you would have it
17 video conferenced?
18 MR. BRILHANTE: Yeah. And that would be --
19 the requirement in Section E is: for the approval of
20 salary adjustments, the Salary Commission shall.
21 MS. SELF: Okay.
22 MR. BRILHANTE: So, if we specified this
23 criteria will only be incorporated or be followed if
24 we're specifically approving or considering salary
25 adjustments.
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1 MS. SELF: Okay.
2 MR. PAVAO: In my opinion, I think No. 2
3 should be deleted. I don't think we need to have
4 public hearings. These meetings are open to the public
5 anyway.
6 MR. BRILHANTE: Salary Commission meeting.
7 MR. FRATINARDO: Normal Salary Commission
8 meeting.
9 MR. PAVAO: Delete No. 2 entirely instead of
10 just modifying it.
11 MR. BRILHANTE: I think it's behoovant on us,
12 at least to complete the process, where we do say that
13 when it comes to salary adjustments, we will not only
14 publish it 30 days in advance, but we will have a
15 special meeting -- we will have a meeting -- don't use
16 "special"; there's legal connotation -- we will have a
17 Salary Commission meeting to discuss these proposed
18 salary adjustments.
19 MS. SELF: And video conference that.
20 MR. PAVAO: But we do that anyway.
21 MS. SELF: No, we don't video conference.
22 MR. PAVAO: We don't video conference. We
23 have a meeting anyway. The only difference is the
24 video conference, right?
25 MS. SELF: Yeah.
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1
MR.
BRILHANTE: Yeah. I think although we
2
understand that
we do it anyway, but I think from a
3
public standpoint, the confidence of seeing it in
4
writing goes
a long way with buying support.
5
MR.
CAMPBELL: It doesn't hurt anything
6
because we do
it anyway.
7
MR.
PAVAO: We're just trying to make this
8
palatable to
the council, then, basically? That's what
9
we're trying
to do?
10
MR.
HIGGINS: Yes.
11
MR.
CAMPBELL: You got it.
12
MR.
HIGGINS: That's right on.
13
MR.
PAVAO: That's sad.
14
MS.
SELF: So I'll ask Bill to help me with
15
drafting the
language for No. (2) but, basically, it
16
would be that
once you have a list of proposed salary
17
changes, that
you will have a Salary Commission meeting
18
that will be
video conferenced in Kona.
19
But, anyway, I'll have him help me with that.
20
CHR. ONO: Bill, you understand what
21
we're trying
to get at?
22
MR.
BRILHANTE: Yes. We can work together.
23
MR.
HIGGINS: Mr. Chairman, sorry to do this
24
to everybody,
but going back to (1), before we get
25
further down,
to me, that's not clean enough. That's
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1 kind of an open door. It's published at least once.
2 Now, when we have a proposal and we start talking in
3 January -- or December, when we start our negotiation
4 talking about this and we come up with some kind of
5 proposal, do we have to publish that for then, and
6 then, our subsequent meeting, to say -- let's say in
7 June, when it's right before the budget and we have a
8 final proposal?
9 I mean, in other words, should we eliminate
10 or put in the words that "This is our final proposal"
11 rather than having an account of its proposal or
12 proposals? In other words, this could go on. You see
13 what I'm saying is try to eliminate and streamline it
14 rather than create more commotion.
15 MR. BRILHANTE: The problem in using the
16 language of "final proposal" is that it looks like a
17 conclusion has already been reached. And then, you
18 know, what's the purpose of the public hearing? Why do
19 you want to come down and testify if the commission has
20 already made up their mind? And the whole rationale
21 behind a public hearing is that the public comes in,
22 gives input, and maybe identifies specific areas --
23 MR. HIGGINS: But No. (1) doesn't apply to
24 The hearing; it applies to publishing in the newspapers
25 an account. So every time we have a meeting and we're
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1
talking about -- does that mean a
proposal, and we come
2
up with "Well, let's do this" or "Let's
make 2
3
percent," or "Let's go on the last
collective
4
bargaining thing based on what HR
gave us"? All I'm
5
trying to say is how many times do
we have to publish
6
what we're doing?
7
CHR. ONO: I'm hoping once.
So, your
8
intent is correct.
9
MR. HIGGINS: Yeah, so I
don't know the
10
answer. I'm just bringing it up.
We don't want to --
11
MR. BRILHANTE: I don't
think we want to
12
publish anything that's premature.
13
MR. HIGGINS: Yeah.
14
MR. BRILHANTE: I would
say --
15
MR. HIGGINS: But is that
what the council
16 wants?
17 MR. BRILHANTE: No, no. It says "upon
18 approval of any salary adjustment." Do you read that
19 as an approval?
20 MS. SELF: The first --
21 MR. HIGGINS: Oh, the first part.
22 MS. SELF: The first sentence.
23 MR. HIGGINS: Okay. Pardon me. Thanks for
24 pointing that out. Whoo, whoo, whoo, whoo. Okay.
25 CHR. ONO: You're older than --
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1
MR.
HIGGINS: I (inaudible) down.
2
CHR.
ONO: Okay. So, No. (3) -- the only
3
question I have is: Submit copies of a detailed report.
4
What is that?
5
MR.
CAMPBELL: Yeah, what does that mean?
6
MR.
FRATINARDO: It's our minutes.
7
MR.
BRILHANTE: It's your minutes, and it's
8
also -- you remember
Chair Ono had his talking points.
9
MR.
FRATINARDO: Yes.
10
MR.
BRILHANTE: That's kind of some of the
11
information that I would say would be codified in this
12
requirement.
13
MR.
PAVAO: Why don't we just take out the
14
word "detailed."
Submit a report.
15
CHR.
ONO: Agreed.
16
MS.
IKEDA: Agreed.
17
CHR.
ONO: Okay.
18
MS.
SELF: So, that could be submitted with
19
the agenda of
the meeting where you're going to vote on
20
your proposed
increases, right?
21
MR.
BRILHANTE: Yep.
22
MS.
SELF: Okay.
23
MR.
BRILHANTE: That would be a reasonable
24
course of action.
25
MS.
SELF: Because why else --
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1
MR.
BRILHANTE: Correct.
2
MS.
SELF: That's the only time it would make
3
sense is make
sure it's filed with the clerk and the
4
mayor's office
at that time.
5
MR.
BRILHANTE: Uh-huh.
6
MS.
SELF: Okay.
7
MR.
FRATINARDO: So can we include that,
8
then? You put
that language in there, Amy, that it's
9
filed with the
clerk?
10
MS.
SELF: Yep.
11
CHR.
ONO: So the next sentence is just:
12
Public notice
required pursuant to this subsection
13
shall include
notification of report of commission
14
findings and conclusions
available. That's not a
15
problem. Don't
see that as a problem.
16
The
next one, however -- okay.
17
MR.
CAMPBELL: Yeah.
18
CHR.
ONO: It says: Any adjustment that
19
increases or decreases
any salary by more than 10
20
percent shall
require an affirmative vote of two-thirds
21
of the entire
membership of the Salary Commission.
22
I'm
not sure what that means, "entire
23
membership." You know, we don't have an entire
24 membership right now; we only have eight commissioners,
25 so --
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1 MR. CAMPBELL: So we could never get it.
2 MR. HIGGINS: Yeah.
3 MR. BRILHANTE: Well, you would have to have
4 seven or eight or a unanimous vote as it stands right
5 now. And, you know, you can tweak that a little bit;
6 it can be by affirmative vote of two-thirds of the
7 entire membership of the Salary Commission who are
8 present at the meeting.
9 CHR. ONO: Yeah.
10 MR. BRILHANTE: And there's some provisions
11 in other commissions where they allow that. So, like if
12 only five of you show up, you know, it can -- well, you
13 know, I've got to defer to Amy, though, because there's
14 some language in your own rules that say what an
15 affirmative vote is. Even though you have nine
16 members, I think you still --
17 MS. SELF: If it's not stated specifically in
18 the rule, it's covered under Section 13-4 of the
19 Charter, which controls what boards and commissions --
20 your rules as they are right now are pretty lacking, so
21 I'm not sure if they have -- I don't think it's
22 mentioned in here. I think it's under section 13-4.
23 And it should be the majority of the membership, I
24 believe, because they're not just advisory. I think
25 for advisory, it's the majority of the members present,
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1 but for these guys, I think that it's -- but I'll check
2 on that.
3 MR. PAVAO: You don't think we can just
4 delete (f) and just our normal majority vote? Why do we
5 need (f) ?
6 MS. SELF: Sorry. I think she put that --
7 that's specific to the 40 percent increase of the one
8 salary. I think that's why she put that in there was
9 because anything over 10 percent -- in that case, it
10 was over 10 percent, but it's because it was over a
11 ten-year period of time. But I think the reason she
12 wanted that was to avoid that in the future, to not
13 give anything over 10 percent any one year without
14 increasing the number of votes required for membership.
15 MR. FRATINARDO: Amy, I have 13-4 up if you
16 want to look at it. I have it here.
17 MS. SELF: Does that require a majority of
18 the membership to vote in the affirmative --
19 MR. FRATINARDO: Just scroll through it.
20 MS. SELF: Okay.
21 MR. BRILHANTE: And, again, just from my own
22 perspective, what transpired this past January and
23 February as it relates to the raises, you know, being
24 of such significance in nature, again, was a very
25 unusual circumstance and a very unusual occurrence.
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1 You know, moving forward, I really don't see the
2 necessity for raises being in excess of 10 percent if
3 you guys are going to be meeting on a regular basis and
4 being diligent in the requirements set forth in the
5 charter. But even if you're not and we do fall into a
6 position where we do have a
significant time
without
7 raises for department heads
and the like, if
we are
8 going to propose in the future a 30 percent raise or a
9 40 percent raise, maybe I'm not opposed to some type of
10 language where it would be by supermajority, you know,
11 of the commission.
12 CHR. ONO: I don't have any problem with
13 this, because I think for something like that, if it's
14 significant, we should - hopefully, a majority -- not a
15 majority, but unanimous vote; we all agree. But, of
16 course we all understand that what we went through at
17
the beginning
of this
year
was extraordinary.
18
MS.
SELF:
Yeah.
I think it's because, you
19 know, it is dependent upon the mayor to appoint members
20 to the Salary Commission. If that doesn't happen, then
21 this could happen again; but I don't see how this
22 language would -- I think all of your votes were a
23 two-thirds, anyway, when you voted the salaries.
24 MR. PAVAO: Amy, if this language is going to
25 be here, it needs to be changed. Just being a
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7 majority vote.
8
MR. PAVAO:
I agree with that, but they want
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1 technical nerd
about it,
you know, the way it
reads: If
2 you get more
than two-thirds
of the vote, then
it
3 doesn't pass,
because it
says "of two-thirds."
It
4 should be "of
two thirds
or more." you know what
I'm
5 saying?
15
MR. PAVAO:
You need to change that language.
6 MR.
FRATINARDO:
It should just say
the
7 majority vote.
8
MR. PAVAO:
I agree with that, but they want
9
to keep two-thirds;
but the way it's written, it
10
doesn't make sense.
"Affirmative vote of two-thirds."
11
What if you get more
than two-thirds? It should be
12
two-thirds or more.
13
MS. SELF:
Or "at least two-thirds."
14
CHR. ONO:
That can be written in.
15
MR. PAVAO:
You need to change that language.
16
CHR. ONO:
Yeah.
17
MR. PAVAO:
If you're a nerd and you read
18
this, if you get more
than two-thirds, then
19
theoretically it doesn't
pass.
20
CHR. ONO:
I never knew you were a nerd.
21
MR. HIGGINS: I never knew, and I'm sitting
22
right next to him.
23
MR. PAVAO:
Seriously, if you look at the
24 wording
25 MS. SELF: One at a time. Everyone remember,
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1 be kind.
2 MR. PAVAO: Yeah, if you look at the wording,
3 it doesn't make sense.
4 MS. SELF: I'll add "at least" to this.
5 CHR. ONO: Then what does that mean? You
6 know, it's unclear to me. Give it some thought, Amy,
7 "the entire membership."
8 MR. BRILHANTE: That's the point I was going
9 to make. It could be argued both ways, right? It
10 could be "the entire membership," meaning all nine
11 districts? Or the entire membership of all nine
12 districts currently filled? Or all districts currently
13 filled?
14 MS. SELF: No, "the entire membership"
15 means -- you have nine members on this commission, so
16 it's the entire membership of the commission, which is
17 all nine members. If there are vacancies, it's
18 still -- you have to have two-thirds; and if you don't
19 have enough, it still has to be two-thirds of all nine.
20 MR. FRATINARDO: So, earlier, Bill was
21 explaining that there was a special circumstance that
22 came up where they had to appoint five -- they had to
23 appoint the quorum to address salaries. So what if we
24
got a
situation
like that
again where
it's
not our
25
fault,
but it's
the mayor's
fault for
not
nominating
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1 that personnel? So that's a special circumstance which
2 would go against what this says.
3 MS. SELF: So in the Charter, 13-4, which
4 applies to boards and commissions that are created by
5 charter, which you guys were, it says that the
6 affirmative vote of a majority of the entire membership
7 to which a board or commission is entitled shall be
8 necessary to make any action valid.
9 So, you could --
10 MR. PAVAO: Entitle the membership.
11 MS. SELF: Yeah. And it could be that if
12 there's a concern -- because it's going to be the
13 entire membership, so it doesn't matter. If you're
14 down to five members, you have four vacancies, you're
15 not going to be able to have a two-thirds, right?
16 Because it would take six votes to pass this. So maybe
17 you could just model it after what's in 13-4, which
18 says: the affirmative vote of a majority of the entire
19 membership to which the commission is entitled.
20 MR. FRATINARDO: Right.
21 MR. PAVAO: At the same -- I'm sorry. What
22 if you just say "two-thirds of the entitled membership
23 of the Salary Commission"?
24 MS. SELF: But that's the problem we were
25 just talking about. If you don't have enough
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1
members --
2
MR.
PAVAO: Then it won't happen.
3
MS.
SELF: Yeah, you wouldn't be able to get
4
a vote, because
you only have -- your quorum is five.
5
MR.
PAVAO: But that's not two-thirds.
6
MS.
SELF: Right. So if you have no more
7
than three vacancies,
you could get your two-thirds.
8
MR.
PAVAO: Yeah, because you need six.
9
MS.
SELF: Right.
10
MR.
HIGGINS: When you're talking about
11
vacancies, are you meaning those that don't show up at
12
a meeting?
13
MS.
SELF: No.
14
MR.
HIGGINS: Well, right now, we have nine.
15
What if only
six show up and you had a vote? You would
16
have to have
100 percent vote?
17
MS.
SELF: Right.
18
MR.
HIGGINS: That's ridiculous.
19
MR.
PAVAO: Yep.
20
MS.
SELF: Whereas --
21
MR.
HIGGINS: What are they thinking about?
22
MS.
SELF: -- according to the charter --
23
they want to
make it, I think, more difficult.
24
MR.
HIGGINS: Well, I know what they want.
25
MS.
SELF: Well, this is because if it's over
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1 10 percent.
2 MR. HIGGINS: Yeah, well, that would have
3 taken four years to do, theoretically. Come on. What
4 are we -- I mean, our country operates on majority
5 votes for most important discussions, changes, laws,
6 et cetera. What are we even talking about, raising it
7 up to two-thirds?
8 CHR. ONO: You know, maybe, with the
9 approval of this Salary Commission, when we show up at
10 the next county council meeting, we should lobby to
11 have this thing removed, primarily because the changes
12 that we've implemented, you know, making the public
13 notification 30 days, all the information published --
14 MR. FRATINARDO: So I have a question for
15 you, Hugh. We all represent a district, and we all
16 have a councilperson in that district. Why can't we
17 just go up and talk to our own councilperson and tell
18 them what our feelings are?
19 MR. PAVAO: Then we become politicians.
20 CHR. ONO: No, nothing precluding anybody
21 from doing that.
22 MR. FRATINARDO: I mean, there's no Sunshine
23 Law which controls my -- I mean, I'll voice my opinion
24 that way, and then we can have you as the chair and the
25 vice -chair formally address the council.
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1 CHR. ONO: You know what? They're going
2 to adopt what they want to adopt anyway; but why don't
3 we suggest that that may not be necessary because we're
4 going to be addressing the salary adjustments on a
5 timely basis?
6 MR. PAVAO: I agree.
7 CHR. ONO: Like up to two times a year.
8 MR. PAVAO: I would delete it.
9 MR. HIGGINS: Yeah. Me, too.
10 MR. CAMPBELL: Either that or use the word
11 "majority," like we use now.
12 MR. FRATINARDO: Right.
13 MR. BRILHANTE: How about something like
14 this. And, again, just kind of looking at it.
15 CHR. ONO: Sure.
16 MR. BRILHANTE: Again, go to "Affirmative
17 majority vote of the entire membership of the Salary
18 Commission with at least a two-thirds majority vote of
19 the Salary Commission members present or who are
20 present"?
21 CHR. ONO: Yep.
22 MR. BRILHANTE: So it's a two -prong. One is
23 it's an affirmative vote of the entire membership of
24 the Salary Commission, and then the second prong is
25 with at least a two-thirds majority vote of the Salary
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1 Commission members who are present.
2 CHR. ONO: Are you guys okay with that?
3 MR. BRILHANTE: So it's, like, two-pronged.
4 MR. HIGGINS: I'm not, but that's okay. I'm
5 just one. I'm never going to be all right with the
6 two-thirds no matter what you say.
7 MR. PAVAO: That's a conflict of terms
8 though, "the entire membership," then you go with --
9 MR. BRILHANTE: Your entire membership is
10 nine, right?
11 MR. PAVAO: Yeah.
12 MR. BRILHANTE: But right now, you don't even
13 have nine. So what we're saying is --
14 MR. FRATINARDO: So, if there's seven present,
15 two-thirds of the seven.
16 MR. BRILHANTE: -- you have to get at least
17 five affirmative votes. That's the majority. So it's
18 a majority of the entire membership. Then, in addition
19 to that, it has to be two-thirds votes of the members
20 present. So not only do you need majority, but you
21 need the two-thirds vote. So, it's two pronged.
22 If you have five, the only way you're going
23 to get it approved is if all five vote for it, right?
24 CHR. ONO: No, four.
25 MR. BRILHANTE: Well, yeah, you can do four,
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1 but then --
2 MS. SELF: Yeah, because five would be the
3 majority that you need to have a meeting. Five would
4 be the majority you need to get to have a meeting,
5 right?
6 MR. BRILHANTE: Right.
7 MS. SELF: To meet the quorum requirement.
8 And four would be the two-thirds.
9 MR. BRILHANTE: Right. So, under the rules,
10 five would have to be -- you would have to get all five
11 to get majority of the Salary Commission membership,
12 because you have a nine -member commission, so four
13 wouldn't pass. 4-1, it wouldn't pass, you know, but
14 4-1 would pass the supermajority requirement.
15 CHR. ONO: Okay, let's poll.
16 MR. BRILHANTE: And we can work --
17 CHR. ONO: Let's listen to the rest of
18 the commission members over here.
19 We know what Jim thinks and what Milton
20 thinks but, George, what do you think?
21 MR. CAMPBELL: I suggest we just take it out.
22 CHR. ONO: Remove it?
23 MR. CAMPBELL: Remove it.
24 CHR. ONO: Okay.
25 Dr. Dow?
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1 MR. DOW: One thing that occurred to me as I
2 read this, I don't see anything here that talks about
3 annual salary increases. If we're meeting twice a year
4 and make adjustments twice a year of 6 percent each
5 time, we've already gotten by that 10 percent
6 requirement on two-thirds vote.
7 CHR. ONO: Uh-huh.
8 MR. DOW: We can make that a moot point.
9 CHR. ONO: I think, for the most part, if
10 the commission does its job, it is a moot point. It's
11 extraordinary, but if we do our job, then it's going to
12 get up to 10 percent on this -- football coach.
13 MR. FRATINARDO: Well, this proposal, in my
14 experience, is just an attempt to micromanage the
15 Salary Commission, bottom line. They want to
16 micromanage us.
17 CHR. ONO: So you would be in favor of
18 leaving it out?
19 MR. FRATINARDO: Leaving it out.
20 CHR. ONO: Okay.
21 Nelson?
22 MR. HARANO: I like what Mr. Brilhante had
23 said except the very end, about the ones at the
24 meeting. For example, five at the meeting -- 5-1 to
25 get quorum and voting either 5-0 or 4-1 for the
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1 supermajority. That part I would like to strike out.
2 I don't like the idea of five being here and then, you
3 know, whatever the vote -- the way the vote will fall
4 out. I think it should be of the entire membership,
5 our nine right now, so -- otherwise, you know, I like
6 what Bill has said, just not at the end.
7 CHR. ONO: Florence?
8 MS. IKEDA: I would leave it out, and
9 if there is any feedback from the council, then we
10 address it at the time.
11 CHR. ONO: Here's what the Chair wants to
12 do. Okay? Our intention will be to leave it out.
13 Okay? But certainly, when we go to the council
14 meeting, and should we testify, we will find out where
15 they stand on this. Because if they insist on putting
16 it in, they're going to put it in anyway. And,
17 hopefully, what we've done preceding this requirement
18 will address their concerns that we're going to have
19 these publications and meetings and the meeting in Kona
20 videoed and all that, with our rules rewritten.
21 MR. PAVAO: One thing I would like to kind of
22 ask that we stress at the council meeting, you know,
23 when you attend the meeting to present the facts, let
24 it be known to them that changing our rules would be a
25 whole lot cheaper than trying to change it in the
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1 charter. So if they can work with us and change our
2 rule such that we don't need a charter amendment, the
3 County would be saving a lot of money.
4 MR. BRILHANTE: And, if at the very root of
5 this whole thing is because we're trying to be
6 fiscally responsible, that kind of goes along those
7 lines.
8 But I was just going to say there's no
9 problem with having plan A and plan B, you know. And
10 we can just be plan A is this is what we're proposing,
11 and we're going to have another meeting to address any
12 concerns that are raised at the next council meeting.
13 Again, the council meeting is on March 28th. That's
14 the second reading. And then the final reading would
15 be April 11th.
16 And thanks to Glynis Yamada for providing
17 that information.
18 CHR. ONO: Okay. March 28th.
19 MR. FRATINARDO: What I would like to see,
20 Bill, is that there is more dialogue between us and the
21 county council, and I would say specifically the
22 chairman of the council, to address these situations,
23 that it just kind of just snuck up on us. Why couldn't
24 they just say, "Hey, these are our feelings." Because
25 they were invited to testify, and only one person
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1 showed up and one submitted a letter. And I think it's
2 incumbent on the chairman of the council that they are
3 communicating with us. So I don't know why they are so
4 afraid to show up at these meetings, because I invited
5 them all and only one showed up.
6 MR. BRILHANTE: And, you know, I will say
7 this to the defense of the council, that -- I'm not
8 going to make any statement as to what the rationale or
9 the impetus -- you know, I don't want to say it was
10 political grandstanding, but there was definitely a
11 basis for this matter to come forward by Councilwoman
12 Lee Loy and that is what it is. But the bottom line
13 is, at the end of the day, it got traction from the
14 public. It clearly did, right, in the comments we hear
15 and the like; the public has embraced it, it's gotten
16 traction, and there's been, you know, sufficient
17 information provided to us just from the public arena,
18 you know, to say that, yeah, they would like to see a
19 little more statutory requirements or regulated
20 requirements in place when we're going to do pay
21 raises.
22 And, you know, that being said, you know, if
23 we come back with a proposal -- it doesn't have to be a
24 verbatim proposal. That's initially what I said. If
25 we come back with a proposal that, for the most part,
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1 addresses the concerns that were raised, it still gives
2 us room, you know, to maneuver or make revisions at the
3 end, but I think it shows good faith from the
4 commission. Okay, we hear the public, we hear the
5 concerns -- and you know what? We're going to
6 incorporate it.
7 And, you're right, it goes to the fact that do
8 we want duplication of process? Do we want additional
9 costs and expenditures? Those are all the issues that
10 comport with -- you know, we're doing it. The rules
11 will be amended or have been amended, and, therefore,
12 we don't need a charter amendment. That's basically
13 our selling point, right, to the council.
14 MS. SELF: But don't say that they will be
15 amended before, because we don't have time to get the
16 rules changed --
17 MR. BRILHANTE: Right.
18 MS. SELF: -- because we have to go through a
19 public hearing for a rule change.
20 And I wouldn't say that you are going to --
21 because you're not going to adopt it as a rule change
22 verbatim, so I would not allude to that in front of the
23 council, just indicate that you are proposing to go
24 through a rule-making change to have the commission's
25 rules say something similar to this or, you know, just
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1 indicate that "We're trying to adopt as much of this."
2 It might be better, though, to have something --
3 MR. BRILHANTE: Yeah. And that's why I kind
4 of have -- like to your point, to have something -- a
5 draft --
6 MS. SELF: Yeah.
7 MR. BRILHANTE: -- you know, proposal, that
8 you could provide would go a long ways, you know. Like
9 I said, the draft doesn't have to be verbatim. It can
10 be pretty on point, but -- that's what I would --
11 CHR. ONO: May I have a motion to allow
12 either myself or Florence or both of us to represent at
13 the next council meeting where this bill appears?
14 MR. FRATINARDO: I make that motion.
15 MR. PAVAO: Second.
16 CHR. ONO: Second? Moved and seconded.
17 Any discussion on that? I don't think so.
18 All those in favor say "Aye."
19 (All members responded affirmatively.)
20 CHR. ONO: That motion is carried. We
21 can represent.
22 So, with that, let me kind of conclude where
23 we are. So our plan is to incorporate these amendments
24 into our procedure. And, of course, we have to go
25 through the administrative rule-making procedure to
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1 adopt them. So the timing is not perfect but at least
2 we can go to the next council meeting, which would be
3 their third meeting? Second.
4 MS. SELF: Second.
5 CHR. ONO: The second. And we can
6 represent what we're doing, was not able to do that the
7 last time because it wasn't even agendized on ours;
8 there was just discussion.
9 I think this is very significant, what we've
10 discussed today and what we intend to do in the future
11 to address this area.
12 Anything else on that?
13 MR. CAMPBELL: Yes.
14 CHR. ONO: Yes, George.
15 MR. CAMPBELL: If we're going to do the
16 administrative rule process -- Amy alluded to it
17 earlier, but it would be great if she could red -line
18 the things in there, in our rules, that need to be
19 changed anyway, like our meeting times and things like
20 that, things that are just totally out of date --
21 CHR. ONO: Yep.
22 MR. CAMPBELL: -- so we can do it all at one
23 time.
24 CHR. ONO: Agreed. Good suggestion.
25 MR. HIGGINS: Terrific.
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1 MS. SELF: I have one other question, because
2 I am going to be doing a red -line. So are you going to
3 keep (f) in or take it out?
4 MR. PAVAO: I thought we agreed to take it
5 out.
6 MR. CAMPBELL: Take it out.
7 MS. SELF: It is going to come out?
8 CHR. ONO: Well, we're flexible on that,
9 but we want it out. I hear the majority wanting it
10 out. We'll see how that --
11 MR. CAMPBELL: We'll see how that goes.
12 MS. SELF: So, the draft, I'll just leave it
13 out for purposes of -- and I'll get with you on it.
14 MR. BRILHANTE: You know, Chair, I'm going to
15 request that you entertain another motion to -- not
16 only for you and Vice -Chair Ikeda to attend the
17 meeting, but to present a draft proposed rule amendment
18 to the council at that time.
19 CHR. ONO: Good idea. Need a motion to
20 present a draft to them of what we've discussed?
21 MR. PAVAO: I don't think so.
22 MR. DOW: Do we have to vote on the draft
23 before you can submit it? Do we need to vote on a
24 draft before it's submitted?
25 MR. BRILHANTE: The draft is just the draft.
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1 It doesn't have to be affirmatively voted on.
2 MR. DOW: Okay.
3 CHR. ONO: So do we need a motion to do
4 that?
5 MR. BRILHANTE: Just to be clean, you know,
6 then there is --
7 CHR. ONO: Okay. I think what Human
8 Resources is asking, just to make it part of our
9 official discussion, that it is agreeable with this
10 commission to present the county council with a draft
11 of the amendments that we just discussed.
12 MR. HIGGINS: So moved.
13 MR. PAVAO: Seconded.
14 CHR. ONO: Moved and seconded.
15 Any discussion?
16 All in favor?
17 (All members responded affirmatively.)
18 CHR. ONO: Motion carried.
19 Okay. Any items to be placed on the next
20 agenda, next meeting?
21 MR. PAVAO: Same type of donuts.
22 CHR. ONO: Okay. Also, the next meeting
23 is scheduled for April 26, 2018. Thursday, again, 10:00
24 again.
25 And, Glynis, is it going to be in here again?
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1
MS.
YAMADA:
All right.
2
CHR.
ONO:
In here?
3
MS.
SELF:
Say that again, the date.
4
CHR.
ONO:
April 28th.
5
MS.
IKEDA:
26th.
6
CHR.
ONO:
See, I don't remember what I
7
said.
Yeah, it's
the
26th. I wrote it down. Okay. I
8
wrote
it down.
9
Thanks
so much.
That concludes our meeting.
10
Thank
you very
much.
We are getting a lot done. We
11
really
are.
12
MS.
SELF:
You need to adjourn the meeting.
13
CHR.
ONO:
Motion to adjourn.
14
MS.
IKEDA:
So moved.
15
CHR.
ONO:
Florence moved.
16
MR.
PAVAO:
Second.
17
CHR.
ONO:
Milton.
18
Okay.
Moved
and seconded to adjourn. All
19
those
in favor
say "Aye."
20
(All
members responded affirmatively.)
21
CHR.
ONO:
The meeting is adjourned.
22
(The
meeting adjourned at 12:13 p.m.)
23
24
25
ISLAND COURT REPORTING & TRANSCRIPTION SERVICES
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1 STATE OF HAWAII )
2 ) ss.
3 COUNTY OF HAWAII )
4
5 I, TERI HOSKINS, a certified court
6 reporter in the State of Hawaii, do hereby certify
7 that the foregoing pages are a true and correct
8 transcription of the proceedings in the above matter.
9
10 Dated this 6th day of April, 2018.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
/Teri Hoskins/
Teri Hoskins, RMR, CSR No. 452
ISLAND COURT REPORTING & TRANSCRIPTION SERVICES
(808) 933-9800
Ms. Teri Hoskins, Certified Court Reporter, transcribed the aforementioned proceedings of the
Salary Commission at its meeting held on March 22, 2018.
Glynis Yamada, Secretary, Salary Commission, had incorporated some minor
formatting/housekeeping revisions throughout the transcript.
Respectfully Submitted,
VP,(4)/1,CL qa,Matia
Glynis Yamada, Secretary
APPROVED:
Hugh Y. Ono, P. E., Chair
Salary Commission
ANOTHER SUGGESTION to address FUTURE POSITIONS under the SALARY COMMISSION:
Based on:The positions shown below would be set by the Salary Commission at a Level above the Position Reporting to each.Once appointed and salary set,each position
would automatically increase with Collective Bargaining Negotiated Agreement.
THREE(3)POSITION ELECTED OFFICIALS& OFFICIALS APPOINTED by MAYOR,COMMISSIONS OR
CATEGORIES: MANAGING DIRECTORS: COUNTY COUNCIL: COMMENTS:
SALARIES BELOW ESTABLISHED BY THE SALARY COMMISSION EFFECTIVE IN 2018:
1. Mayor:$162,582 1. Police Chief*: $153,720 Positions that require
2.Council Members:$70,006 2. Dep.Police Chief*: $145,966 Special Certifications or more
3.Chair,Council:$77,016 3. Fire Chief": $151,200 than minimum qualifications.
4.Pros.Atty.:$153,228 4. Dep.Fire Chief*:$143,640
5.Dep.Pros.Atty.:$145,968 5. Human Res.Dire: $128,626
6. Managing Director:5153,622 6. Liquor Control Dir: $126,420
7. Deputy MD:$132,744 7.Planning Director":$132,744
8. Dep.Planning*: $126,420
9. Public Works Dir*: $132,582
10.Deputy PW Dir: $128,264
11.Env.Mgrnt.Dir*: $132,744
POSITION TITLES,CURRENT 12.Dep.Env.Mgmt.Dir:$125,420
SALARY&SALARY RANGES: 13.Finance Dir*: $132,726
14.Dep.Fin.Dir: $128,402
15.Parks Dir: $128,760
16.Dep.Parks Dir:$122,626
17.Hse&Comm Dev Dir:$126,420
18.Res.&Dev.Dir: $128,420
19.Dep.Res.&Dev.Dir: $113,778
20.Corp.Counsel*: $153,228
21.Asst.Corp.Caunsel*: $145,968
22.County Clerk: $126,420
23.Dep.County Clerk:$113,778
24.County Auditor: 126,420
25. Info.Tech Dir*: $126,420
1.All of above are Elected C .sitions were and will be set by
Mayor's Office. Baldry,,.un,r,:,,:0:,
2.Salaries for above positions will be set by 2.In accordance with it's adopted adminstrative procedures. authority to decide.
HOW SALARIES WILL BE the Salary Commission. 3.Incremental adjustments will occur in accordance to the same 2.Salary Commission car
SET: 3.In accordance with it's adopted annual provisions that are used by collective bargaining and the allow input by these
administrative procedures. Excluded Management. appointing Authorities.
3.Salaries can be lower
upon request.
1.Before the beginning of each term 1.Salaries will be reviewed by Commission at minimum once every 1.Initial Salaries&Pay would
duration of office. four(4)years or co-terminus with the County Council or Appointing be at the beginning of new
2.For Mayor,Prosecuting Attorney,Dep. Boards. terms.
Prosecuting Attorney and Managing Directors 2.Annual adjustments can be made as determined by the Salary 2.Adjustments could be
at minimum once every four(4)years. Commission or as recommended by the Appointing Officers and more collaborative giving the
3.For County Council and Chair at minimum Boards. appointing authorities more
PROCEDURE ON SETTING once every two(2)years. input by submitting
AND ADJUSTING SALARIES: 4.Annual adjustments can be made as recommendations.
determined by the Salary Commission oras
recommended by the Appointing Authority.
1.To address the intent of the Proposed Charter Amendment,all new salaries shall be posted for a period of
not less that 14 days prior to that next Salary Commission meeting.
2.Adoption of new Salaries would be subject to approval by two(2)readings.
ATT. A
-.tV OF M`�Y
II4
COUNTY OF HAWAII • .'/ • STATE OF HAWAII
BILL NO. 98
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIII,SECTION 13-
28 OF THE HAWAII COUNTY CHARTER(2016 EDITION),RELATING TO THE
SALARY COMMISSION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article XIII, section 13-28 of the Hawai`i County Charter(2016 Edition),
is amended to read as follows:
"Section 13-28. Compensation; Salary Commission.
(a) The salary of all county elected officials and appointed directors and deputy directors of
departments and executive agencies shall be established by a salary commission which
shall consist of nine members appointed by the mayor with the approval of the council, in
the manner prescribed in Section 13-4(b). The members may be removed in the manner
prescribed in Section 13-4(b).
(b) One member shall be a resident of each council district. In addition,the director of human
resources and deputy director of human resources shall serve as ex-officio members of the
commission in an advisory capacity.
(c) The commission shall establish its rules of procedure, which shall provide that it meet at
least annually, and adopt rules and regulations having the force and effect of law.
(d) The commission shall review and compensate all county elected officials and appointed
directors and deputy directors so that their total salaries and benefits have a reasonable
relationship to compensation in the public and private sectors. The salary commission shall
consult with those boards and commissions which have appointing authority for
department heads.
(e) At least thirty days prior to the approval of any salary adjustment, the salary commission
shall:
(1) Publish at least once in at least two daily newspapers of general circulation in the
county a detailed account of its proposal, or proposals, including specific increases
or decreases in both actual dollar amounts and percentages;
(2) Hold at least one public hearing in either east Hawai`i or west Hawai`i,provided
that any public hearing shall be conducted using video conference technology to
allow for public participation from both east and west Hawai`i; and
(3) Submit copies of a detailed report of the commission's findings and conclusions
used to develop its proposal, or proposals, to the office of the county clerk and the
office of the mayor for public inspection.
The public notice required pursuant to this subsection shall include notification that
the report of the commission's findings and conclusions is available for public inspection
at the aforementioned locations. .
ATT. B
(f) Any adjustment that increases or decreases any salary by more than ten percent shall
require an affirmative vote of two-thirds of the entire membership of the salary
commission."
SECTION 2. New charter material is underscored. When revising, compiling, or
printing these charter provisions for inclusion in the Charter of the County of Hawai`i, the reviser
need not include the underscoring.
SECTION 3. If any provision of this ordinance, or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance, which can be given effect without the invalid provision or application, and to this
end,the provisions of this ordinance are severable.
SECTION 4. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this amendment be submitted to the electorate of Hawai`i County for approval
in the 2018 general election.
SECTION 5. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2018 general election, as duly
certified.
INODUCED BY:
Aff gasp
kli"` •
i .11 CIL MEMBER, CO .s AWAI`I
, Hawai`i
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
712.2
REFERENCE Comm.
2
SALARY COMMISSION
• COUNTY OF HAWAII
TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
TABLE OF CONTENTS
Chapter 200 GENERAL APPLICABILITY PAGE NO.
§200-1 Authority 200-1
§200-2 Construction of rules 200-1
§200-3 Procedure and terms 200-1
§200-4 Definitions 200-1
§200-5 The Commission 200-2
§200-6 Delegation of administrative duties 200-4
§200-7 Public records 200-5
Chapter 201 PROCEEDINGS BEFORE THE AGENCY
S §201-1 General 201-1
§201-2 Appearances and practices before the agency 201-1
§201-3 Disqualification of Commission member or hearing
officer 201-2
§201-4 Consolidation 201-2
§201-5 Retention of documents 201-2
§201-6 Commission decision 201-2
Chapter 202 RULES APPLICABLE TO RULEMAKING PROCEDURES
§202-1 Initiation of rulemaking proceedings 202-1
§202-2 Notice of public hearing 202-2
§202-3 Conduct of hearing 202-2
§202-4 Commission action 202-3
§202-5 Emergency rule making 202-3
§202-6 Filing of rules 202-3
§202-7 Taking effect of rules 202-3
§202-8 Publication of rules 202-3
Chapter 203 RULES APPLICABLE TO DECLARATORY RULINGS
• §203-1 Petitions for declaratory rulings 203-1
ATT. C
PAGE NO.
0 §203-2 Request for hearing 203-1
§203-3 Applicability of order 203-2
§203-4 Declaratory ruling on Commission's own motion 203-2
§203-5 Refusal to issue declaratory order 203-2
•
SALARY COMMISSION
S
TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 200
GENERAL APPLICABILITY
§200-1 Authority
§200-2 Construction of rules
§200-3 Procedure and terms
§200-4 Definitions
§200-5 The Commission
§200-6 Delegation of administrative duties
§200-7 Public records
§200-1 Authority. These rules govern practice and procedure before the Salary
Commission of the County of Hawaii under County Charter, and Hawaii Revised
Statutes, Chapters 91 and 92. [Eff. 10-20-02]
§200-2 Construction of rules. The rules shall be liberally construed as to secure
the just, speedy, and inexpensive determination of every proceeding. [Eff. 10-20-02]
• §200-3 Procedure and terms. (a) Statutory terms. The terms used in rules
promulgated by the Commission pursuant to powers granted by statute shall have the
meaning defined by such statute, unless the context otherwise specifically requires.
(b) Terms defined by rule. A rule or regulation that defines a term without
express reference to the statute or to these rules or to a portion thereof, defines such
terms for all purposes as used both in the statute and in these rules, unless the context
otherwise specifically requires.
(c) Use of number and gender. Words importing the singular number may
extend and be applied to several persons or things;words importing the plural may
include the singular;and words importing the masculine gender may be applied to
females. [Eff. 10-20-02]
§200-4 Definitions. (a) Agency. The term"Agency"means each county board,
Commission, department, or officer, except those in the legislative branch.
(b) Chairperson. The term"Chairperson" means the Chairperson of the
Commission.
(c) Commission. The term"Commission"means the Hawai'i County Salary
Commission.
(d) Council. The term"Council" means the County Council of the County of
Hawai'i.
(e) Hearing. The term"Hearing" means any proceeding governed by the
Commission.
• (f) Meeting. The term"Meeting" means the convening of the Commission for
which a quorum is required in order to make a decision or to deliberate toward a
200-1
decision upon a matter over which the Commission has supervision, control,jurisdiction,
• or advisory power.
(g) Party. The term"Party"means each person or agency named or admitted
as a party or properly seeking and entitled as of right to be admitted as a party in a
proceeding.
(h) Person. The term"Person"includes individuals, partnerships, corporations,
associations, or public or private organizations of any character other than
governmental agencies.
(1) Presiding officer. The term "Presiding officer, "with respect to proceedings,
means the Chairperson, and includes any member of the Commission designated as
such, or such other persons authorized by law to conduct hearings.
(i) Proceedings. The term"Proceedings"means the Commission's elucidation
of the relevant facts and applicable law, consideration thereof, and action thereupon
with respect to a particular subject within the Commission's jurisdiction, initiated by a
filing or submittal or request or a Commission's notice or order. It shall include
proceedings involving the adoption, amendment, or repeal of any rule or regulation of
the Agency, whether initiated by Commission order or notice, or by petition of an
interested person. [Eff. 10-20-021
§200-5 The Commission. (a) Office. The office of the Commission is at Hilo,
Hawaii. All communications to the Commission shall be addressed to the Hawai'i
County Salary Commission, c/o The Director of Personnel, County of Hawaii Aupuni
Center, 101 Pauahi Street, Suite 2, Hilo, Hawaii 96720, unless otherwise specifically
• directed.
(b) Meetings. The Commission shall meet in the Councilroom, Hawaii County
Building, or such other public place as the Commission may designate.
(1) Open meetings. All meetings of the Commission, except executive
meetings, shall be open to the public.
(2) Executive meetings. The Commission may hold an executive meeting,
closed to the public, upon an affirmative vote, taken at an open meeting,
of two-thirds of the members present or by a majority of the members to
which the Commission is entitled, whichever is greater. The vote of each
member on the question of holding a meeting closed to the public and
the reason for holding such a meeting shall be recorded and entered into
the minutes of the meeting. A meeting closed to the public may be held
only for one or more of the following purposes:
(A) To consult with the Commission's attorney;
(B) For any other specific purpose hereafter authorized by law.
(3) Chance meetings. The rules governing meetings shall not apply to any
chance meeting, as defined by Hawaii Revised Statutes, Section 92-2, at
which matters relating to official business are not discussed. No chance
meeting or electronic communication shall be used to circumvent the
spirit or requirements of the meetings provisions to make a decision or to
deliberate toward a decision upon a matter over which the Commission
has supervision, control,jurisdiction, or advisory power.
(4) Regular meetings. Regular or general meetings will be held on the 2nd
• and 4th Wednesdays of each month, unless otherwise specified.
200-2
(5) Special meetings. Special meetings of the Commission for the transaction
• of its business may be held at any time and place as scheduled by the
Commission upon publication of notice of such special meeting in two
newspapers of general circulation within the County at least twenty-four
hours prior to the meetings.
(6) Emergency meetings. If the Commission finds that an imminent peril to
the public health, safety, or welfare requires a meeting in less time than is
provided for in Rule 200-5 b(7), the Commission may hold art emergency
meeting, provided:
(A) the Commission states in writing the reasons for its findings;
(B) two-thirds of all members to which the Commission is entitled agree
that an emergency exists;
(C) an emergency agenda and the findings are filed with the Office of
the County Clerk and in the Commission's office; and
(D) persons requesting notification pursuant to Rule 200-5 b(7) are
contacted by mail or telephone as soon as practicable.
(7) Notice.
(A) The Commission shall give written public notice of any regular,
special, or rescheduled meeting. The notice shall include an
agenda which lists all of the items to be considered at the
forthcoming meeting, the date, time, and place of the meeting.
(B) The Commission shall file the notice in the Office of the County
Clerk and in the Commission's office for public inspection at least six
days before the meeting. The notice shall also be posted at the
site of the meeting whenever feasible. The Commission shall not
add items to the agenda, once filed, without a two-thirds recorded
vote of all members to which the Commission is entitled; provided
that no item shall be added to the agenda in the manner provided
herein, if it is of reasonably major importance and action thereon
by the Commission will affect a significant number of persons.
(C) The Commission shall maintain a list of names and addresses of
persons who request notification of meetings and shall mail a copy
of the notice to such persons at their last recorded address no later
than the time the agenda is filed under subsection (b).
(8) Construction. The provisions requiring open meetings shall be liberally
construed and the provisions providing for exceptions to open meeting
requirements shall be strictly construed against closed meetings.
(c) Hearings. AU parties shall be afforded an opportunity for hearing after
reasonable notice. The notice shall include a statement of:
(1) The date, time, place, and nature of the hearing;
(2) The legal authority under which the hearing is to be held;
(3) The particular sections of the statutes and rules involved;
(4) An explicit statement in plain language of the issues involved and the
facts alleged by the Commission in support thereof; provided, that if the
Commission is unable to state such issues and facts in detail at the time
the notice is served, the initial notice may be limited to a statement of the
issues involved; and
(5) The fact that any party may retain counsel if he so desires.
200-3
(d) Quorum and number of votes necessary to validate acts. A majority of all
members to which the Commission is entitled shall constitute a quorum to transact
business, and the concurrence of a majority of all members to which the Commission is
entitled shall be necessary to make valid any action of the Commission.
(e) Minutes. The Commission shall keep written minutes of all meetings.
Unless otherwise required by law, neither a full transcript nor a recording of the meeting
is required, but the written minutes shall give a true reflection of the matters discussed
and the views of the participants. The minutes shall include, but need not be limited to:
(1) The date, time, and place of the meeting;
(2) The members of the Commission recorded as either present or absent;
(3) The substance of all matters proposed, discussed, or decided; and a
record, by individual member, of any votes taken; and
(4) Any other information that any member of the Commission requests be
included or reflected in the minutes.
The minutes shall be public records and shall be available within thirty
days after the meeting except where such disclosure would be
inconsistent with Hawaii Revised Statutes, Section 92-5, or Section 13-20,
Hawai'i County Charter; provided that minutes of executive meetings
may be withheld so long as their publication would defeat the lawful
purpose of the executive meeting, but no longer.
(f) Administration.
(1) Chairperson. The Chairperson of the Commission shall be responsible for
the administration functions of the Commission.
• (2) Authentication of the Commission action. All decisions, orders, and other
actions of the Commission shall be authenticated or signed by the
Chairperson, or upon delegation by the Chairperson by any other
member of the Commission.
Official copies of decisions, orders, and other Commission actions may be
promulgated under the signature of the Chairperson of the Commission or
his delegation.
(g) Submittals and requests. All documents required to be filed with the
Commission shall be filed in the office of the Commission within such time limits as
prescribed by laws, rules of the Commission, or orders of the Commission. Requests for
public information, copies of official documents, or opportunity to inspect public
records may be made in writing to the Commission's office or in person at said office.
(h) Parliamentary practice. The rules of parliamentary authority, where not
inconsistent with the rules adopted by the Commission, shall be Robert's Rules of Order
Revised. [Eff. 10-20-02]
§200-6 Delegation of administrative duties. (a) General. The Commission may
delegate to any competent and qualified individual such power or authority vested in
the Commission as it deems reasonable and proper for the effective administration of
the Commission except the power to make, amend, or repeal rules and regulations.
(b) Hearing officer. The Commission may, by written resolution adopted by a
majority of the members to which it is entitled, appoint a competent and qualified
disinterested person to act as its hearing officer. The hearing officer shall hear the
• matter in the same manner as if it were before the Commission and, upon the
conclusion of the hearing, shall transmit to the Commission a record of the hearing,
200-4
including a recording or transcript and a summary of evidence taken at said hearing.
• After review of the testimony and evidence, a majority of the members to which the
Commission is entitled shall render a decision in accordance with Hawai'i Revised
Statutes, Section 91-11. [Eft. 10-20-02]
§200-7 Public records. (a) Files of the Commission. The term"Public Records"as
used in this part is defined as in Hawai'i Revised Statutes, Section 92-50, and shall
include all rules,regulations, written statements of policy or interpretations formulated,
adopted, or used by the Commission, all complaints, opinions and orders,written
testimony, minutes of meetings of the Commission, and any other material on file in the
office of the Commission unless accorded confidential treatment pursuant to law or the
rules of the Commission.
(b) Inspection of public records. All public records will be available for
inspection in the office of the Commission, Hilo, Hawai'i, during established office hours
unless public inspection of such records is in violation of any State or Federal law;
provided that, except where such records are open under any rule of court, the
Corporation Counsel may determine which records may be withheld from public
inspection when such records pertain to the preparation of the prosecution or defense
of any action or proceeding to which the Commission, the State, or any governmental
agency or subdivision is or may be a party, or when such records do not relate to a
matter in violation of law and are deemed necessary for the protection of the
character or reputation of any person.
(c) Copies of public records. Public records printed or reproduced by the
• Commission shall be given to any person requesting the same and paying the fees
established by the Commission or by law.
(d) Requests. Requests for public information, for permission to inspect public
records, or for copies of public records shall be handled expeditiously. Any material
with respect to the Commission will not be released without the approval of the
Chairperson or his delegate.
(e) Denial of inspection. Any person denied the right to public information, to
inspect public records, or to copies of public records may apply to the circuit court of
the circuit wherein the public record is found for an order permitting the right to public
information, to inspect public records, or to copies of public records. [Eff. 10-20-02]
•
200-5
SALARY COMMISSION
S
TITLE III-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 201
PROCEEDINGS BEFORE THE AGENCY
§201-1 General
§201-2 Appearances and practices before the agency
§201-3 Disqualification of Commission member or hearing officer
§201-4 Consolidation
§201-5 Retention of documents
§201-6 Commission decision
§201-1 General. The Commission may, on its own motion or upon the petition of
any interested person or agency of the Federal, State, or County government, hold
such proceedings as it may deem necessary in the performance of its duties or the
formulation of its rules and regulations. Procedures to be followed by the Commission
shall, unless specifically prescribed in these Rules or by the Hawai'i Administrative
Procedure Act or by any other statute, be such as in the opinion of the Commission will
best serve the purpose of such proceeding. [Eff. 10-20-02]
§201-2 Appearances and practices before the agency. (a) Representation. In
any proceeding under these rules, any party may be represented by counsel or any
other person to whom the party has given written or verbal authority.
(b) Validation of authority. When an individual acting in a representative
capacity appears in person or signs a paper in practice before the Commission, that
person's personal appearance or signature shall constitute a representation to the
Commission that, under the provisions of these rules and the law, the person is
authorized and qualified to represent the particular person on whose behalf the
representative acts. The Commission may at any time require any person transacting
business with the Commission in a representative capacity to show that person's
authority and qualification to act in such a capacity.
(c) Bar to appearance.
(1) Former Commission association. No individual who has been associated
with the Commission as a member, officer, employee, or counsel shall be
permitted to appear before the Commission on behalf of or to represent
in any manner any party in connection with any proceeding or matter
that such individual has handled or passed upon while associated in any
capacity with the Commission.
(2) Limitations of assistance from barred persons. No person or agency
appearing before the Commission in any proceeding or matter shall, in
relation thereto, knowingly accept assistance from and compensate any
• individual who would be barred by Rule 201-2(c).
201-1
(3) Written consent to appear. No person who has been associated with the
• Commission as a member, officer, employee, or counsel thereof shall be
permitted to appear before the Commission on behalf of, or to represent
in any manner, any person, agency, or the Council in connection with
any proceeding or matter that was pending before the Commission at
the time of that person's association, unless the person shall first have
obtained the written consent of the Commission, upon a verified showing
that the person did not give personal consideration to the matter or
proceeding as to which consent is sought or gain particular knowledge of
the facts thereof during the person's association with the Commission.
(4) One year limitation. This subsection shall not apply to any individual or
agency whose association with the Commission has been terminated for
a period of one year. [Eff. 10-20-02]
§201-3 Disqualification of Commission member or hearing officer. Any party to a
hearing may, up to five days before the proceeding, file an affidavit that one or more
of the members or a hearing officer has a personal bias or prejudice. The member
against whom the affidavit is so filed may answer the affidavit or may file a disqualifying
certificate with the Commission. If the member or hearing officer chooses to answer
the affidavit, the remaining members shall decide by a majority of all the members to
which the Commission is entitled whether that member or hearing officer should be
disqualified from proceeding therein. Every such affidavit shall state the facts and
reasons for the belief that bias or prejudice exists and shall be filed at least five days
• before the hearing, or good cause shall be shown for the failure to file it within such
time. Any Commission member or hearing officer may disqualify himself by filing with
the Chairperson a certificate that he deems himself unable for any reason to preside
with impartiality in the pending hearing. [Eff. 10-20-02]
§201-4 Consolidation. The Commission, upon its own initiative or upon motion,
may consolidate for hearing or for other purposes or may contemporaneously consider
two or more proceedings that involve substantially the same parties, or issues that are
the same or closely related, if it finds that such consolidation or contemporaneous
hearing will be conducive to the proper dispatch of its business and to the ends of
justice and will not unduly delay the proceedings. [Eff. 10-20-02]
§201-5 Retention of documents. All documents filed with or presented to the
Commission shall be retained in the files of the Commission. The Commission may
permit the withdrawal of original documents upon submission of properly authenticated
copies to replace such documents. [Eff. 10-20-02]
§201-6 Commission decision. All final orders, opinions, or rulings entered by the
Commission in the proceeding and rules promulgated by the Commission shall be
served upon the parties participating in the proceeding by regular mail or personal
delivery by the Commission. Copies of such material shall be available for public
inspection in the office of the Commission or may be obtained upon request and upon
payment of reasonable fees, if any. [Eff. 10-20-02]
•
201-2
SALARY COMMISSION
•
TITLE III-RULES OF THE COUNTY OF HAWAI'I SALARY COMMISSION
CHAPTER 202
RULES APPLICABLE TO RULEMAKING PROCEDURES
§202-1 Initiation of rulemaking proceedings
§202-2 Notice of public hearing
§202-3 Conduct of hearing
§202-4 Commission action
§202-5 Emergency rule making
§202-6 Filing of rules
§202-7 Taking effect of rules
§202-8 Publication of rules
§202-1 Initiation of rulemaking proceedings. (a) Motion by Commission. The
Commission may, at any time on its own motion, initiate proceedings for the adoption,
amendment, or repeal of any rule of the Commission. Procedures to be followed in
rulemaking shall be as set forth herein and the applicable statutes.
(b) Petition by person or agency. Any interested person or agency may
• petition the Commission for the adoption, amendment, or repeal of any rule of the
Commission. Petitions for rulemaking filed with the Commission will become matters of
public record.
(1) Form and content. Petition for rulemaking shall contain the name,
address, and telephone number of each petitioner; the signature of each
petitioner; a draft or the substance of the proposed rule or amendment or
a designation of the provisions, the repeal of which is desired; a statement
of the petitioner's interest in the subject matter; and a statement of the
reasons in support of the proposed rule, amendment, or repeal.
(2) Commission action. The Commission shall,within thirty days after the filing
of a petition for rulemaking, either deny the petition or initiate public
rulemaking proceedings.
(1) Denial of petition. Any petition that fails in material respect to comply
with the requirements herein or that fails to disclose sufficient reasons to
justify the institution of rulemaking proceedings will not be considered by
the Commission. The Commission shall notify the petitioner in writing of
such denial, stating the reasons therefor. Denial of a petition shall not
operate to prevent the Commission from acting, on its own motion, on
any matter disclosed in the petition. Petitioner may seek a review of said
denial through the circuit court pursuant to the Administrative Procedure
Act and applicable rules of court and statutes.
(2) Acceptance of petition. If the Commission determines that,the petition is
in order and that it discloses sufficient reasons in support of the proposed
• rulemaking to justify the institution of rulemaking proceedings, the
202-1
procedures to be followed shall be as set forth in Rules 202-3 through 202-8
• herein and the applicable statutes. [Eff. 10-20-02]
§202-2 Notice of public hearing. (a) Publication and mailing. When, pursuant
to a petition therefor or upon its own motion, the Commission proposes to adopt,
amend, or repeal a rule or regulation, a notice of proposed rule making shall be
published at least once in at least two newspapers of general circulation in the County
and such notice shall also be mailed to all persons or agencies who have made timely
written requests for advance notice of the Commission's rule making proceedings. All
such notices shall be published at least thirty days prior to the date set for the public
hearing.
(b) Form. A notice of the proposed adoption, amendment, or repeal of a
rule or regulation shall include:
(1) a statement of the date,time, and place where the public hearing will be
held;
(2) reference to the authority under which the adoption, amendment, or
repeal of a rule or regulation is proposed;
(3) a statement of the substance of the proposed rule. [Eff. 10-20-02]
§202-3 Conduct of hearing. (a) Presiding officer. The public hearing for the
adoption, amendment, or repeal of rules and regulations shall be heard before the
Commission and presided over by the Chairperson of the Commission or in his absence,
by another member designated by the Commission. The hearing shall be conducted in
• such a way as to afford to interested persons and agencies a reasonable opportunity
to offer testimony with respect to the matters specified in the notice of hearing and so
as to obtain a clear and orderly record. The presiding officer shall have authority to
administer oaths or affirmations and to take all other actions necessary to the orderly
conduct of the hearing.
(b) Continuance of hearing. Each such hearing shall be held at the time and
place set in the notice of hearing but may at such time and place be continued by the
presiding officer from day to day or to a later date or to a different place without
notice other than the announcement thereof at the hearing.
(c) Order of proceeding. At the commencement of the hearing, the
presiding officer shall read the notice of hearing and shall then outline briefly the
procedure to be followed. Testimony shall then be received with respect to the matters
specified in the notice of hearing in such order as the presiding officer shall prescribe.
(d) Submission of testimony. Each witness shall, before proceeding to testify,
state his name, address, and whom he represents at the hearing, and shall give such
information respecting his appearance as the presiding officer may request. The
presiding officer shall confine the testimony to the matters for which the hearing has
been called but shall not apply the technical rules of evidence. Every witness shall be
subject to questioning by the members of the Commission or by any other
representative of the Commission.
(e) Oral and written presentation. All interested persons or agencies will be
afforded an opportunity to submit data, views, or arguments, orally or in writing, that
are relevant to the matters specified in the notice of hearing. The period for filing
• written comments or recommendations may be extended beyond the hearing date by
202-2
the presiding officer for good cause. An original and nine copies are requested when
IP submitting written comments, recommendations, or replies.
(f) Transcript of the evidence. Unless otherwise specifically ordered by the
Commission, testimony given at the public hearing shall not be reported verbatim. All
supporting written statements, maps, charts, tabulations, or similar data offered in
evidence at the hearing, and which are deemed by the presiding officer to be
authentic and relevant, shall be received in evidence and made a part of the record.
[Eff. 10-20-02]
§202-4 Commission action. The Commission will consider all relevant comments
and materials of record before taking final action in a rulemaking proceeding. Final
action shall be taken within sixty days after the final public hearing, or the expiration of
any extension period for submission of written comments or recommendations.
[Eff. 10-20-02]
§202-5 Emergency rule making. Notwithstanding the foregoing rules, if the
Commission finds that an imminent peril to public health or safety requires adoption,
amendment, or repeal of a rule or regulation upon less than thirty days' notice of
hearing, and states in writing its reasons for such finding, it may proceed without prior
notice of hearing or upon such abbreviated notice and hearing as it finds practicable
to adopt an emergency rule or regulation. The Commission shall make an emergency
rule known to persons who will be affected by it by publication in at least two
newspapers of general circulation in the County. [Eff. 10-20-02]
• §202-6 Filing of rules. The Commission, upon adopting, amending, or repealing
a rule and approval by the Mayor, shall file certified copies thereof with the County
Clerk. [Eff. 10-20-02]
§202-7 Taking effect of rules. Each rule adopted, amended, or repealed shall
become effective ten days after filing with the County Clerk. If a later effective date is
required by statute or specified in rule, the later date shall be the effective date;
provided that no rule shall specify an effective date in excess of thirty days after the
filing of the rule with the County Clerk. An emergency rule shall become effective upon
filing with the County Clerk for a period not exceeding one-hundred twenty days
without renewal unless extended in compliance with the provisions of subdivisions (1)
and (2) of Hawaii Revised Statutes, Section 91-3(a). [Eff. 10-20-02]
§202-8 Publication of rules. The Commission shall, as soon as practicable,
compile, index, and publish all rules adopted by the Commission and remaining in
effect. Compilations shall be supplemented as often as necessary and shall be revised
at least once every ten years. [Eff. 10-20-02]
•
202-3
SALARY COMMISSION
S
TITLE III-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 203
RULES APPLICABLE TO DECLARATORY RULINGS
§203-1 Petitions for declaratory rulings
§203-2 Request for hearing
§203-3 Applicability of order
§203-4 Declaratory ruling on Commission's own motion
§203-5 Refusal to issue declaratory order
§203-1 Petitions for declaratory rulings. On petition of an interested person or
agency, the Commission may issue a declaratory order as to the applicability of any
statutory provision, ordinance, or of any rule or regulation or order of the Commission.
(a) Form and contents. The petition shall contain the name, address, and
telephone number of each petitioner; the signature of each petitioner; a designation of
the specific provision, rule, or order in question, together with a statement of the
controversy or uncertainty involved; a statement of the petitioner's interest in the
S subject matter, including the reasons for submission of the petition; a statement of the
petitioner's position or contention; and a memorandum of authorities, containing a full
discussion of reasons and legal authorities, in support of such position or contention.
(b) Commission action. Within sixty days after the submission of a petition for
declaratory ruling, the Commission shall either deny the petition in writing, stating the
reasons for such denial or issue a declaratory order on the matters contained in the
petition, or set the matter for hearing, as provided in 203-2; provided, however, that if
the matter is set for hearing, the Commission shall render its findings and decisions within
sixty days after the close of the hearing.
(c) Dismissal of petition. The Commission may, without notice or hearing,
dismiss a petition for declaratory ruling that fails in material respect to comply with the
requirements of this part. [Eff. 10-20-02]
§203-2 Reauest for hearing. Although in the usual course of disposition of a
petition for a declaratory ruling no formal hearing will be granted to the petitioner or to
a party in interest, the Commission may in its discretion order such proceeding set down
for hearing. Any petitioner or party in interest who desires a hearing on a petition for a
declaratory ruling shall set forth in detail in his request the reasons why the matters
alleged in the petition, together with supporting affidavits or other written evidence and
briefs or memoranda of legal authorities,will not permit the fair and expeditious
disposition of the petition and, to the extent that such request for a hearing is
dependent upon factual assertion, shall accompany such request by affidavit
establishing such facts. In the event a hearing is ordered by the Commission, Hawaii
• Revised Statutes,Section 91-9, shall govern the proceedings. [Eff. 10-20-02]
203-1
§203-3 Applicability of order. An order disposing of a petition shall be
applicable only to the factual situation described in the petition or set forth in the order.
[Eff. 10-20-02]
§203-4 Declaratory ruling on Commission's own motion. Notwithstanding the
other provisions of this part, the Commission may, on its own motion or upon request but
without notice of hearing, issue a declaratory order to terminate a controversy or to
remove uncertainty. [Eff. 10-20-02]
§203-5 Refusal to issue declaratory order. The Commission may, for good cause,
refuse to issue a declaratory order with specific reasons for such determination. Without
limiting the generality of the foregoing, the Commission may so refuse where:
(a) the question is speculative or purely hypothetical and does not involve
existing facts, or facts that can be expected to exist in the near future;
(b) the petitioner's interest is not of the type that would give him standing to
maintain an action if he were to seek judicial relief;
(c) the issuance of the declaratory order may affect the interests of the
Commission in a litigation that is pending or may reasonably be expected to arise; or
(d) the matter is not within the jurisdiction of the Commission. [Eff. 10-20-02]
•
203-2