HomeMy WebLinkAbout2018-04-26 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
April 26, 2018.
REPORTED BY: TERI HOSKINS, RMR, CSR #452
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CHAIR:
HUGH Y. ONO, P.E.
BOARD MEMBERS:
FLORENCE K. IKEDA
THOMAS E. FRATINARDO
GEORGE W. CAMPBELL
JAMES W. HIGGINS
MILTON PAVAO, P. E.
HAROLD D. DOW
NELSON H. HARANO
ALSO PRESENT:
AMY SELF, DEPUTY CORPORATION COUNSEL
WILLIAM V. BRILHANTE,JR., EX -OFFICIO
MEMBER
GLYNIS YAMADA
JENNIFER SAKAMOTO
ALLAN YOKOYAMA
MICHELE LAMKIN
PAULA PAVAO
NANCY COOK-LAUER
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1 CHR. ONO: The meeting is called to order.
2 Statements from the public. Do we have any?
3 Allan, you want to speak today?
4 I guess we have no statements from the
5 public.
6 Okay. Then we have approval of the minutes,
7 I believe the minutes dating October 27th, November
8 27th, and December 21st of 2017. This is all last
9 year's minutes. If I'm not mistaken, they were
10 distributed to you.
11 So I would like to have some discussion on
12 the minutes and, if not, move for approval. And we can
13 take them one at a time or collectively.
14 Can I have a motion to approve?
15 MS. IKEDA: So moved.
16 CHR. ONO: Okay.
17 MR. HIGGINS: Second.
18 CHR. ONO: Okay. Moved and seconded, by
19 Florence and -- what was that? Jim did the second?
20 Sorry, George. Okay.
21 Any discussion on the minutes?
22 MR. FRATINARDO: On October's, on page 30, a
23 correction. On the second sentence, it says "Jenny
24 Garcia." That's Janet, J -a -n -e -t, Garcia.
25 COURT REPORTER: Thank you.
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CHR. ONO: Okay. So noted.
2
With that, anything else?
3
If not, all those in favor of approving the
4
minutes
with the adjustments noted by Tom, say "Aye."
5
MS. SELF: Approve --
6
MR. BRILHANTE: As amended.
7
MS. SELF: -- as amended for that one.
8
CHR. ONO: Okay, approve as amended.
9
MR. BRILHANTE: For October.
10
We are going to have to entertain a motion to
11
approve
the October minutes, as amended.
12
CHR. ONO: Oh, okay.
13
Tom, you want to make that motion?
14
MR. FRATINARDO: I move to amend October's --
15
approve
as amended.
16
CHR. ONO: Okay. Second on that?
17
MS. IKEDA: I second.
18
MR. HIGGINS: Second.
19
CHR. ONO: Florence. Multiple seconds.
20
Okay. All those in favor, say "Aye."
21
(All members responded affirmatively.)
22
CHR. ONO: Okay. All three sets of minutes
23
are approved for the record.
24
MR. BRILHANTE: Sorry, Chair, you're going to
25
have to
do November and December separately. I think
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1
the motion was
just
for October.
2
CHR.
ONO:
You folks are making my job
3
harder than it
needs
to be. Working triple time.
4
MS.
SELF:
Didn't you take a vote for all
5
three before you
did
the October 1?
6
MR.
CAMPBELL:
Already did October.
7
MR.
HIGGINS: Yeah, one amended and the other
8
two haven't been.
9
MR.
PAVAO:
This is so confusing.
10
CHR.
ONO:
When I look at the caliber of
11
some of the people
over
here, I understand the why.
12
MR.
PAVAO:
Same to you, Hugh.
13
MS.
IKEDA:
Shall we leave?
14
CHR.
ONO:
Why don't we take the minutes
15
of -- what is
it --
November 27th and December 21st --
16
MS.
SELF:
Yeah.
17
CHR.
ONO:
-- are those two?
18
MS.
SELF:
Yeah.
19
CHR.
ONO:
Let's have a motion to approve
20
those "as is."
21
MS.
SELF:
Do it again.
22
MR.
PAVAO:
So moved.
23
CHR.
ONO:
Second?
24
MR.
FRATINARDO: Second.
25
CHR.
ONO:
Seconded by Tom.
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1
All
those
in favor, say "Aye."
2
(All
members responded affirmatively.)
3
CHR.
ONO:
Okay, I guess now we're good,
4 yeah?
10
member to fill our District
9, which
5
MS.
SELF:
Got it.
6
CHR.
ONO:
Communications. I believe we
7
have none.
8
I thought this might
be a
good time that --
9
you know, with Jim Higgins'
help, we
did find a last
10
member to fill our District
9, which
is North and South
11
Kohala. His name is Michael
Bates.
I think he's in
12
the real estate area, if I'm
not mistaken.
Isn't that
13
right?
14 MR. HIGGINS: Yeah, and building supplies.
15 CHR. ONO: Okay. Anyway, his name has been
16 submitted. I know he's filled out an application to
17 become a commissioner. It's in the mayor's office
18 right now and where it's being processed. I'm not
19 sure, but as far as I've heard so far, there's no
20 objection to his name coming forth. So, all in good
21 time, he should probably become a commissioner after
22 being sworn in and going through the entire process.
23 New Business. We have none.
24 Unfinished Business. Well, before we get
25 into Unfinished Business, does anybody want to make any
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1 announcement at all or anything of interest by any of
2 the commissioners?
3 Hearing none, okay, let's move on with
4 Unfinished Business.
5 The review of the existing compensation plan.
6 The first item is this Bill 98, Draft 2, which
7 initiates an amendment to Article VIII, Section 13-28
8 of the Hawaii County Charter, 2016 edition, relating to
9 Salary Commission, introduced by Council Member Susan
10 Lee Loy, which requires at least 30 days prior to the
11 approval of any salary adjustment, the Salary
12 Commission submit copies of a detailed record of its
13 findings and conclusions to the Office of the County
14 Clerk and the Office of the Mayor, publish a notice
15 that said report is available for public inspection and
16 include in the notice a detailed account of proposed
17 salary increases and decreases, and hold at least one
18 public hearing in either East or West Hawaii, including
19 video conferencing technology, to allow for
20 participation from both East and West Hawaii. Also,
21 requires that any increase or decrease of more than 10
22 percent be approved by two-thirds vote of the entire
23 membership of the Commission (SEE ATT. A).
24 Any discussion on that? I have some things
25 that -- anyway, that bill did pass its third and final
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1 reading via vote of 8 to 1. The dissenting vote was
2 Councilperson Eileen O'Hara. And it was interesting
3 because the next -- let me throw this in. The next
4 item is testimony concerning Bill 98 draft --
5 MR. PAVAO: Mr. Chairman?
6 CHR. ONO: Yes.
7 MR. PAVAO: Before we go on the next item, I
8 think -- I think this Commission needs some guidelines
9 in the future for future pay raises. I'm really
10 concerned about this clause about a detailed report. I
11 think we need some guidance as to what they're
12 referring to or what the intent is of a detailed
13 report.
14 CHR. ONO: Yeah. Okay, Milton, which brings
15 up the second highlighted item.
16 What I did was we didn't have time to meet,
17 and so I submitted personal testimony, not from this
18 Commission, but as a public citizen; and what I
19 included in there was that the Commission would welcome
20 input from both the Mayor's office and the County
21 Council on its proposed adjustments before it approves
22 them or acts on them. And, secondly, that these
23 adjustments should be submitted early enough in the
24 fiscal year so that they can be included as part of the
25 new fiscal budget beginning in July 1st, so during the
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1 year, such would not occur. In addition to that, I
2 struck out the word "detailed" (SEE ATT. B).
3 MR. PAVAO: Oh, good.
4 CHR. ONO: But you know what? When it came
5 up
6 MR. CAMPBELL: It's still there.
7 CHR. ONO: I watched the video, and I didn't
8 show up at the meeting intentionally because I just
9 wanted to see what the County Council was going to do
10 with it. And Eileen O'Hara spoke out against it because
11 she said we have time to make changes and, you know,
12 the election is not until November. And so she said,
13 "We have time to make changes as suggested by this
14 testimony." But in the wisdom of the County Council,
15 they decided not to -- they just wanted to pass it, so
16 they did. So that kind of, you know, is discouraging
17 to me, so...
18 MR. BRILHANTE: Chair, may I add just a point
19 of clarification?
20 CHR. ONO: Sure.
21 MR. BRILHANTE: Just so that everybody is on
22 the same page going forward, this bill is just a
23 proposed amendment to the charter. At this stage, by
24
the
approval
of
the
Council,
all
it does is
it takes
25
this
matter
and
it
forwards
it to
the voting
public and
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1 actually gets on the ballot in November, and it's
2 determinative of the voters to make a determination as
3 to whether or not they want to approve this proposed
4 amendment. So, at this point in the game, you guys
5 aren't required to do anything. This is just a
6 proposed amendment to the charter. The Charter
7 currently reads how it reads, and that's how we've been
8 operating under; and, you know, I think, going forward,
9 we have to abide by the current language of the
10 charter.
11 Now, in November, if the voters approve the
12 charter amendment, then those changes will come into
13 play, but there's no guarantees that will happen. So as
14 it stands right now, the operating objective is to
15 proceed as currently stated in the charter.
16 MR. PAVAO: Mr. Brilhante, I thoroughly
17 understand that. My concern is that if it does pass
18 and it becomes a charter amendment going forward, this
19 Salary Commission is going to be held to this clause
20 "detailed report," and there's no guidelines for what
21 is a detailed report. And it would be really nice if,
22 somehow, we can get some kind of guideline from whoever
23 wrote the bill to give us their intent of what a
24 detailed report is because we don't know.
25 MS. SELF: When that time comes, or if that
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1 time comes, we'll just have to interpret the language
2 as it is. And, actually, when you think about the
3 information you guys had in front of you when you made
4 the decision on the salaries, that would just be
5 information included in the report -- so you didn't just
6 make these numbers up.
7 MR. PAVAO: Yeah, but, Amy, "detailed" is
8 arbitrary, right?
9 CHR. ONO: It is.
10 MR. PAVAO: I mean, it depends on who
11 interprets it.
12 MS. SELF: Well, definitely, at the end, it's
13 up to the courts if anybody challenges it, so you just
14 make the best interpretation that you can. So you just
15 include in the report all the information you
16 considered before making your decision regarding
17 salaries. That's your report.
18 MR. BRILHANTE: Yeah, you know, as far as
19 whether or not the report is detailed significantly or
20 sufficiently detailed, that's your discretion here.
21 MS. SELF: Uh-huh.
22 MR. BRILHANTE: Yeah. It's the discretion of
23 the Commission. The Council doesn't tell the
24 Commission how to do its business. It's incumbent on
25 the Commission to submit, and the requirement is to
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1 submit a detailed report. And that's why we have, you
2 know, Deputy Corporation Counsel Self here is if it
3 does come to that point in time where we have to submit
4 a detailed report, we'll draft language, and we'll
5 present it to Ms. Self, and she'll make a
6 interpretation as to whether or not we meet the
7 requirements -- in her opinion, legal opinion, does the
8 inclusion of the information in the report justify a
9 detailed report? That will be what we rely upon going
10 forward.
11 So, you know, it's not something that we
12 pretty much really have to concern ourselves with now.
13 It could be down the road, but that's why Ms. Self is
14 here with us.
15 MR. PAVAO: I understand, but it just leaves
16 a bad taste in my mouth.
17 MR. BRILHANTE: I know.
18
MS.
SELF: Truth comes out.
19
MR.
BRILHANTE: I think it does
to a lot of
20
people.
21
MS.
IKEDA: Chairman Hugh?
22
CHR.
ONO: Yes, Florence.
23
MS.
IKEDA: I went with Hugh to
the meeting
24
at that second
hearing, but at that time,
Hugh did a
25
good job, but
we had offered to, you know
-- when we
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1 were considering changing the rules to meet some of the
2 criteria that they had put, but I felt that they made
3 up their minds and no matter what we said, it wouldn't
4 have mattered because it was so quick, you know? It
5 was, "Any discussion?" No discussion. "Call for the
6 vote," and it was all nine votes because they had made
7 up their minds already.
8 So, if we do go down the road saying that we
9 want to alter some of the rules for the Salary
10 Commission, you know, so that it would come in
11 compliance, would it do any good to do that, because
12 it's going the charter amendment way?
13 MR. BRILHANTE: The Chair and myself and
14 Ms. Self have had discussions regarding this. and I
15 Think, right now, my opinion is that because the
16 November date for the election is so close in time, the
17 last thing we'd want to do is spend so much of our
18 time, effort, and energy with amending our rules now.
19 And then, because our proposed rule amendments aren't
20 directly aligned with the charter amendment and we
21 don't know what's going to happen with the charter
22 amendment as to whether or not it's going to get
23 approved -- my opinion and my recommendation is to hold
24 off on doing a rule amendment because if the charter
25 language passes, then we will have to do a rule
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1 amendment in order to be compliant with the charter,
2 and then that will take us -- we'll do it one time and
3 we'll do it all-inclusive (SEE ATT. C).
4 If the charter amendment doesn't pass, then
5 it's the discretion of the commission as to whether or
6 not you want to do the rule amendment. There will be
7 no mandatory requirement to amend the rules, but it
8 will just be at the discretion of the C\commission at
9 that point in time as to whether or not you want to go
10 forward. And then it will be one time we'll address
11 the issue.
12 So, I think as it stands right now, it's
13 premature to kind of look at proposed rule amendments.
14 Again, my recommendation is let's wait until we see
15 what happens with the election.
16 CHR. ONO: I would probably want to consider
17 having a motion on that so we can take a position on
18 that if we agree with that position.
19 So, if someone --
20 Yes, Amy?
21 MS. SELF: I have a little different opinion
22 because I've been going through the rules, and there
23 are things in there that simply aren't applicable
24 anymore. And so I'm going through and red -lining things
25 that -- these rules are really, really old and you
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1 need to amend them. So what I would suggest is maybe at
2 the next meeting, have that specifically on the agenda
3 so that you can start working on changes to the rules,
4 because some of the stuff I've already caught is stuff
5 that -- I mean, some of the provisions in the charter
6 were changed, but the rules are still reflecting that.
7 And I can't remember exactly which one it was, but...
8 MR. BRILHANTE: And I agree with that
9 because I think that what the proposition Ms. Self has
10 is that we're going to look at the entire rules and
11 address any potential discrepancies or irregularities
12 in the rules in general, not just specific to what's
13 being considered by the council.
14 CHR. ONO: Uh-huh. So it will be an update.
15 MR. BRILHANTE: Correct.
16 MS. SELF: Yeah.
17 CHR. ONO: So, we should do that once and
18 once only because it has to go through some
19 administrative hearing, right?
20 MS. SELF: Well, just public hearing. I
21 mean, you could do it --
22 CHR. ONO: At a meeting.
23 MS. SELF: You could do it 15 minutes -- like
24 at the Water Board, we always had it just like 15
25 minutes before the regular meeting. You just hold a
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1 public hearing and it's not that difficult.
2 CHR. ONO: So, Amy and Bill, are you
3 suggesting that we do this work on it but do it once or
4 do it in a series? Take care of the housekeeping items
5 in the administrative rules first and then do the other
6 one, if necessary?
7 MS. SELF: I think so. I think we should get
8 our rules updated and then, later on, if they do pass
9 this, then we could have another public hearing to
10 amend the rules to include -- in fact, I don't even --
11 well, we have to look at it and see what kind of rules
12 are necessary to implement this.
13 CHR. ONO: Well, we can begin working on it
14 as a process/part of our commission meetings.
15 MS. SELF: Right.
16 MR. BRILHANTE: Quite fortuitously, this item
17 is under subsection "B)", Rules of the Salary Commission,
18 so there's discussion here in the agenda. So, actually,
19 if you wanted to take action, it would be legally
20 proper for you to take action at this meeting, to take
21 a vote as to whether or not that's something you want
22 to do, have the commission partake in.
23 CHR. ONO: Okay. I'm comfortable with that.
24 What would the motion be, that we --
25 MS. SELF: I didn't realize we had this on
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1 the agenda. Why don't we wait --
2 CHR. ONO: Until we get there?
3 MS. SELF: Yes.
4 CHR. ONO: Can we take it out of order since
5 we're --
6 MS. SELF: Sure.
7 CHR. ONO: Any objection to taking it out of
8 order since we're discussing it right now?
9 Okay, let's take it out of order.
10 So we're on "B) Rules of the Salary Commission
11 (Salary Commission may discuss revisions concerning
12 their Rules)." And we added this one in the last minute
13 just so that we had an item on the agenda as a format
14 for discussion.
15 MS. IKEDA: Hugh?
16 CHR. ONO: Yes, Florence.
17 MS. IKEDA: On this, can Amy or Bill help us
18 out? You know, because we can read it but we don't
19 know if this is pertinent or not. And maybe they could
20 just point out that this was what we consider to be old
21 or out-of-date, so that when we look at it, you know,
22 it would be easier for us to figure out what we were
23 looking at.
24 MS. SELF: Well, for example, if you look at
25 things like "Regular Meetings," the charter says that
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1 you must meet at least annually -- where is it? So the
2 minimum meetings you can have is annually, but on your
3 rules, 200-5, under (b)(4), "Regular Meetings," it says,
4 "Regular or general meetings will be held on the 2nd
5 and 4th Wednesdays of each month, unless otherwise
6 specified." I think that that should be changed to at
7 least indicate that -- because you guys aren't meeting
8 on the 2nd and 4th Wednesdays. So maybe it would
9 be better just to indicate what the charter says, that
10 you will meet a minimum of once per year or as
11 specified by the chair.
12 And the next one, No. 5, "Special Meetings,"
13 that's a holdover from when -- there's a section in the
14 charter that has information on boards and commissions,
15 13-4 of the charter. And, before, if you were going to
16 hold a special meeting, you either had to announce it
17 before you adjourned the regular meeting or you had to
18 publish it in the newspaper. That is not in there
19 anymore because the Charter Commission took that out
20 during the last set of charter amendments; so No. 5
21 doesn't even need to be in here because it says "Upon
22 publication of notice," but you don't have to publish a
23 notice of that special meeting.
24 MR. FRATINARDO: So I went to that recent
25 training on Sunshine Law. So would the new Sunshine
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1 Law rules be incorporated in here?
2 MS. SELF: They should be, yes. Well, if
3 it's stated specifically in the statute, you don't need
4 to have it in your rule; you follow the statute. But
5 there may be some things that need to go in here from
6 that. I haven't gotten through all of the rules, yet,
7 but I'm just -- I've just been going through and
8 picking the obvious ones.
9 MR. FRATINARDO: And a lot of that work is
10 done by Glynis as far as posting a notice, but it would
11 still need to be in here, I suppose?
12 CHR. ONO: Might it be appropriate to just
13 leave this on the agenda?
14 MS. SELF: Yes.
15 CHR. ONO: And Amy will work on it and then,
16 at future meetings, bring the changes to our attention
17 so we can act on those changes.
18 MR. FRATINARDO: Sure.
19 CHR. ONO: Because I think they are just
20 housekeeping, because there's some contradictions in
21 what the Commission does versus what's written on its
22 current rules.
23 MS. SELF: And there are contradictions
24 between your rules and what the actual charter says.
25 So, that's what I'm really concerned about. The charter
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7 But I would advise everyone to read through
8 your rules so that, at our next meeting, you can ask
9 questions about anything that may look irrelevant to
10 you, or maybe it should be changed, you know, to
11 reflect what we actually do.
12 MR. HIGGINS: If you could continue on what
13 you're doing already, what you stated you're kind of
14 going through, and have a list of those items for us.
15 And then, as we individually go through them ourselves
16 on the side, probably a lot of what we come up with
17 will be duplicated in what you -- that are more
18 conversant in all of this, will come up with. And I
19 think that will help streamline this housekeeping
20 process.
21 MS. SELF: Yeah. What I'm doing right now is
22 every change I make is red -lined so that you will be
23 able to see it. So, what I will do is I'll bring copies
24 of the red -lined version that I am working on.
25 MR. HIGGINS: Terrific.
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1 went
through some major amendments I
think it was,
2 what,
two years ago, and I know, because
I was part of
3 that,
and I recognized things in here
that used to be
4 in the
charter; so that's what I want
to correct in the
5 very
beginning, you know, but I want
to look through
6 all of
it.
7 But I would advise everyone to read through
8 your rules so that, at our next meeting, you can ask
9 questions about anything that may look irrelevant to
10 you, or maybe it should be changed, you know, to
11 reflect what we actually do.
12 MR. HIGGINS: If you could continue on what
13 you're doing already, what you stated you're kind of
14 going through, and have a list of those items for us.
15 And then, as we individually go through them ourselves
16 on the side, probably a lot of what we come up with
17 will be duplicated in what you -- that are more
18 conversant in all of this, will come up with. And I
19 think that will help streamline this housekeeping
20 process.
21 MS. SELF: Yeah. What I'm doing right now is
22 every change I make is red -lined so that you will be
23 able to see it. So, what I will do is I'll bring copies
24 of the red -lined version that I am working on.
25 MR. HIGGINS: Terrific.
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1
CHR.
ONO:
Now, to do that, can it just
2
remain on
the
agenda,
Bill/Amy?
3
MS.
SELF:
Yes.
4
CHR.
ONO:
And we don't have to have a
5
motion to
work
on it
because it's on the agenda.
6
MS.
SELF:
No.
7
CHR.
ONO:
Right?
8
MS.
SELF:
Yeah. As long as it's on the
9
agenda, you
can
discuss
it.
10
CHR.
ONO:
Any other discussion on that
11
before we
--
12
MR.
DOW:
I have a question of Amy.
13
CHR.
ONO:
Okay, Dr. Dow.
14
MR.
DOW:
Is there a conflict between the
15
provision
that
says
that the rules that we make have a
16
force and
effect
of
law and the imposition of a charter
17
amendment
that
might
be in conflict with that?
18
MS.
SELF:
Well, rules are laws. I'm not
19
quite sure
--
you mean
if there's something in our
20
rules that
conflicts
with what is in the charter? Is
21
that what
you're
talking
about?
22
MR.
DOW:
Well, it seems to me that the
23 intent was to give the Salary Commission some
24 independence by allowing them to make their rules and
25 for them to have the force and effect of law, but now
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1 we have something being imposed upon that.
2 MS. SELF: Well, what happens is it's not
3 unusual for there to be charter amendments. So once a
4 charter amendment occurs, then if it conflicts with
5 your rules, you have to change your rules because the
6 charter trumps the rules -- because the rules are to
7 implement the sections of the charter; just like
8 anytime the County code changes and it affects a
9 department rule, then they have to amend their rules
10 because the rules are intended to implement whatever
11 the charter or the code says.
12 MR. DOW: Okay.
13 I have one other comment. In the Salary
14 Commission Rules, Chapter 200-2 speaks to the rules
15 contributing to a just, speedy, and inexpensive
16 determination of every proceeding, so --
17 MS. SELF: That's what I mean, they're
18 antiquated.
19 MR. DOW: Well, this proposed amendment to
20 the Charter is, in my mind, in contradiction to that
21 clause. There's nothing speedy and inexpensive about
22 what this bill would require us to do.
23 MS. SELF: That is referring to the rules,
24 Though, it's not referring to any kind of charter
25 amendment. This is talking about a proceeding which
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1 you guys will probably never have. It's talking about
2 proceedings before the Salary Commission. This has
3 nothing to do with the charter amendment -- that
4 section 2.
5 So, in other words, the purpose of that
6 particular section in your rules is affecting any kind
7 of proceeding that comes before the Salary Commission.
8 And I don't know what kind of proceeding that would be,
9 to tell you the truth, but that's what it's supposed to
10 be implying is that the rules are supposed to be
11 liberally construed.
12 MR. FRATINARDO: Amy, I have a question for
13 you regarding the rules and regarding other agencies.
14 Do other agencies in the County have rules specifying
15 that they have to go through? Is there like an
16 etiquette? So like, specifically, here it says if
17 there's going to be a change to a rule, let's say
18 public notice, okay -- so in 202-1(b), it says, "Any
19 interested person or agency may petition the Commission
20 for the adoption, amendment, or repeal of any rule of
21 the Commission. Petitions for rulemaking filed with
22 the Commission will become matters of public record."
23 So, in the case of 98, should there have been
24 a process before the County Council putting it as a
25 charter amendment, or is there just, flat-out, they
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1 just don't respect that? It's just you can go over
2 their head is what I'm saying.
3 MS. SELF: No. There is a separate process
4 for charter amendment and they followed that.
5 MR. FRATINARDO: Right.
6 MS. SELF: The charter amendments have
7 nothing to do with your rules.
8 MR. FRATINARDO: But -- I understand that --
9 MS. SELF: Your rules are used to implement
10 whatever is in the charter because you're required,
11 under HRS Chapter 91, to adopt rules to implement what
12 it is you're supposed to be doing.
13 MR. FRATINARDO: What I'm saying is could
14 that other entity have done this first and, if we
15 didn't agree to it, then go to the charter amendment?
16 MS. SELF: No, because they had full
17 authority to do what they did.
18 MR. FRATINARDO: And that was just a question
19 I have.
20 MS. SELF: Yeah. The County Council can
21 propose charter amendments, interim charter amendments.
22 They have the charter commission that meets -- I can't
23 remember how many --
24 MR. BRILHANTE: Every ten.
25 MS. SELF: Every ten years? Where they go
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1 through and do a major -- they look at the whole
2 charter. But in the interim, the County Council went
3 through their process of the three votes -- or the
4 three readings can put a charter amendment on the
5 ballots. So, there was nothing wrong with that process.
6 MR. FRATINARDO: I'm not saying there was
7 anything wrong with it. I'm just saying should they --
8 well, they could have did what was in here. They could
9 have proposed that to us. And that's all I'm saying.
10 MS. SELF: Well, they don't have to comply
11 with your rules. These are your rules --
12 MR. FRATINARDO: Sure. Sure.
13 MS. SELF: -- so you have to comply with
14 them, but they don't apply to the County Council.
15 MR. BRILHANTE: I don't know if this will
16 help clarify, but there's a hierarchy of rules and
17 regulations; and from a state standpoint, it starts
18 with the State HRS, then we have State Administrative
19 Rules, and then we have the County Charter, and then we
20 have the County Code, and then we have departmental
21 rules and commission rules. And, quite honestly, what
22 the Council did was they kind of --
23 MR. FRATINARDO: Escalated it?
24 MR. BRILHANTE: Yeah. They went to the
25 higher level as -- you know, they could have had this
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1 discussion with the commission as to whether or not
2 they would like to do a internal rule change here with
3 the commission; but it's their full authority to, under
4 the charter, go ahead and propose a charter amendment
5 to address their concerns as it relates to the salary
6 commission -- and that's what they decided to do.
7 So, if the voters decide to adopt a proposed
8 rule amendment as stated in the -- I'm sorry -- charter
9 amendment, then our rule amendments will have to
10 coincide, and we'll have to address those specific
11 changes as voted on by the public because our rules
12 cannot be in any way different from the charter
13 provisions. The charter trumps, so we have to be in
14 compliance with the charter at all times.
15 MR. FRATINARDO: Thank you.
16 CHR. ONO: Anything else on that?
17 My thinking is that someplace along the line
18 as we continue to work on this, it might be
19 interesting, whether or not this commission decides to
20 take a position on the charter amendment either one way
21 or the other -- but as long as it stays on our agenda,
22 it's something that we can discuss. So I think we're
23 finished with that discussion.
24 Anything else? If not, let me see. Let's go
25 back to the third bullet, which is from Human Resources
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1 Director William B. Brilhante, dated April 18th, 2018,
2 transmitting a chart outlining the anticipated pay
3 increases concerning various collective bargaining
4 units, effective on July lst, 2017 through June 30th,
5 2019 and July lst, 2017 through June 30th, 2021. The
6 applicable bargaining units to review are: BU -04, White
7 Collar Supervisory; BU -11, Fire Fighters; BU -12, Police
8 Officers; and BU -13, Professional and Scientific. And
9 these are the bargaining units that actually affect the
10 positions that they report to or the department heads
11 that these members of these bargaining units fall
12 under. The others that are listed there are not
13 applicable (SEE ATT. D).
14 So, I believe that Mr. Brilhante or his
15
representative is
prepared to
discuss, and these are
16
this table here.
Okay? It's
been handed out to us.
17 But it has Bargaining Units 1 through 36, of which four
18 of them apply; so I had suggested a briefing to tell us
19 what is going on with this. And, as a result of this
20 briefing, I thought what I would do is prepare another
21 worksheet for us at our next meeting which will show
22 what the existing salaries are, what the new salaries
23 would be for the positions that report to these
24 department heads, and then we can decide whether it's
25 appropriate to take any action with another salary
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1 adjustment or not. Okay?
2 MR. BRILHANTE: Thanks, Chair.
3 You know, I'm going to go through just the
4 brief salary increases, upcoming salary increases, as
5 it relates to those units, then I'm going to call
6 Ms. Jenny Sakamoto up -- she's our Classification and
7 Pay Division head -- and then, if you have specific
8 questions, they can be addressed to her.
9 So, basically, when we look at the three
10 bargaining units, we have BU -04, BU -11, BU -12, and
11 BU -13. And as the Chair correctly stated, those are
12 bargaining units which are in direct correlation to our
13 department heads and deputies which this commission is
14 charged with setting the salaries.
15 So, if you look at those categories, you'll
16 see that for BU -04, July 1st, 2018, they're scheduled
17 for -- sorry, June 1st, 2018, at 1.25 -- look at --
18 CHR. ONO: No, no.
19 MR. BRILHANTE: I'm sorry, July 1st, 2018.
20 CHR. ONO: '18, yeah.
21 MR. BRILHANTE: So, on January 1st of 2018,
22 they got a 1.5 across-the-board salary increase. That
23 was January of this past year. You know, this past
24 January.
25 In July 1st of this year, they are scheduled
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1 for a 2.25 percent across-the-board increase. By
2 "across-the-board," that means everybody gets a 2.25
3 percent increase. They are also entitled to a $150
4 lump -sum payment for employees who were employed as of
5 June 30th, 2018. That's for BU -04.
6 MS. SELF: Which departments does it include?
7 MR. BRILHANTE: It's primarily all your HGEA
8 EM.
9 MS. SELF: Oh, okay.
10 MR. BRILHANTE: Yeah. So it would be a
11 majority of the departments.
12 CHR. ONO: So, Bill, let me ask a question.
13 On this Bargaining Unit 04, there are potentially two
14 increases that occurred for Bargaining Unit 04 which
15 could have impact on the raises that we've already
16 approved, and that would be the one for January 1st and
17 July 1st, which total up to 3.75 increase. And so, that
18 would be reflected in their pay as of that date?
19 MR. BRILHANTE: July 1st, 2018, correct.
20 CHR. ONO: But what is this $150 lump sum?
21 MR. BRILHANTE: It's an additional payment
22 that the employees get as long as they were employed
23 prior to the date stated, June 30, 2018.
24 CHR. ONO: So there would be three, then,
25 right, the 1.5, the 2.25, and the 150?
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1 MR. BRILHANTE: Correct.
2 CHR. ONO: Okay.
3 MS. IKEDA: Bill?
4 MR. BRILHANTE: Yes.
5 MS. IKEDA: With this increase, is it going
6 to cause inversions again?
7 MR. BRILHANTE: You know, without looking at
8 the specific numbers, I can't say directly. The
9 assumption would be some of our numbers were close as
10 it related to the salary and the highest -level EM
11 position. So the operating assumption would be if it's
12 not direct inversion, it's pretty close.
13 CHR. ONO: Yeah. So, Florence, what we
14 would like to do is create another chart so we can
15 visually see if there are inversions and where they
16 are.
17 MR. HIGGINS: Good.
18 MR. BRILHANTE: And then, if you look at the
19 next group, we're at BU -11, which is our firefighters.
20 Again, they get an across-the-board 2.25 percent
21 increase on July lst of this year and they also have a
22 catch-up step movement July lst, 2018.
23 For BU -12, which is SHOPO, police officers --
24 again, July lst they get a 2.25 percent
25 across-the-board increase, and they also get,
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1 July lst, a catch-up step movement again.
2 And then, the final group --
3 MR. CAMPBELL: Excuse me. Is there a set
4 amount for the catch-up, or is it per person, or based
5 on their time of employment -- or what is that based on?
6 MR. BRILHANTE: Yes. The step movement is
7 based on your time of employment with the County, so
8 it's categorized into years. So, generally, the
9 breakdown is 10 to 13 years of service you get a step
10 increase or 14 to 17 years of service you get a step
11 increase.
12
And, Jenny, you can correct me, but
13
approximate step movements are generally 4 percent
on
14
the salary scale per step?
15
MS. SAKAMOTO: Good morning. That is --
I'm
16
Jenny Sakamoto, Human Resources Manager.
17
You know, I'm sorry, I'm not familiar.
Every
18
bargaining unit salary schedule is set up a little
bit
19
differently and it's all done through collective
20
bargaining. So, whatever comes out of collective
21
bargaining, they have established steps and amounts
22
assigned to those steps. I'm not sure if they're
all
23
at 4 percent. We would have to look at it and
24
calculate it out, if you want us to look at that.
It
25
would just be dependent on which bargaining unit you're
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1
looking at and what they
negotiated successfully.
2
MR. HIGGINS:
Are those step-ups in addition
3
to the other increase --
the regular increase?
4
MS. SAKAMOTO:
Yeah, if there's --
5
MR. HIGGINS:
So it could be like 6 percent,
6
then?
7
MS. SAKAMOTO:
Yeah. So if it says there's
8
ATB, that means that the
whole salary schedule is
9
moving up by that much percent
versus when you talk
10
about step movements, that's
the individual. So, based
11
on what the collective bargaining
agreement says, if
12
they're due for a step movement,
then that's what it's
13
addressing because a lot
of times it's tied into
14
their anniversary dates,
you know, their service dates.
15
So --
16
MR. BRILHANTE:
Yeah. So everybody gets the
17
across-the-board.
18
MR. HIGGINS:
Yeah.
19
MR. BRILHANTE:
As to whether or not they get
20
the step movement, that's
respective to the individual
21
employee as to whether or
not they meet the parameters
22
for a step increase.
23
MR. HIGGINS:
So that's, basically, seniority?
24
MR. BRILHANTE:
Seniority, years of service,
25 generally.
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1 MR. PAVAO: So this is a one-time lump -sum
2 payment?
3 MR. BRILHANTE: Which one, Milton? The step
4 would be specific to the individual, yes. So it
5 would be -- it would know --
6 MS. SAKAMOTO: That's not --
7 MR. BRILHANTE: -- it would take --
8 MR. PAVAO: It says "Carry one-time lump -sum
9 bonus."
10 MR. BRILHANTE: That's a different --
11 MS. SAKAMOTO: That's a separate item.
12 MR. BRILHANTE: Separate item.
13 MS. SAKAMOTO: So, you know, when you're
14 looking at BU -04, where it says "$150 lump -sum payment,"
15 that's a one -time -only payment. That's like a bonus
16 that they would get, and it wouldn't be calculated into
17 their permanent pay adjustment. So you wouldn't
18 necessarily want to consider that because it's just
19 like a one-time bonus versus the other ones, where
20 you're talking ATB increases, that's going to
21 permanently affect the employee's pay.
22 MR. PAVAO: So, there's two type of steps.
23 One is a lump sum, and the other one is just a regular
24 step?
25 MS. SAKAMOTO: Yeah. So if you look at a
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1 collectively bargaining salary schedule, it's like a
2 chart, and then it's like depending on where they fall,
3 what step level --
4 MR. PAVAO: Right.
5 MS. SAKAMOTO: -- there's a dollar amount
6 assigned to that.
7 MR. PAVAO: Okay.
8 CHR. ONO: So, if we ask for information of
9 the subordinates that report to the department heads
10 and what their pay would be on July lst of 2019, that
11 information can be made available?
12 MR. BRILHANTE: You know, we can make it
13 available, but that is oftentimes a time-consuming
14 process, and we generally do it -- when we start to get
15 closer to the July lst, we start doing pay adjustments.
16 So that's something we can get to you. It's not
17 something we can get to you overnight, though.
18 CHR. ONO: Why? I thought you could do
19 everything.
20 MR. BRILHANTE: Maybe give me a little longer
21 than two minutes, the amount of time you usually give
22 me.
23 CHR. ONO: No, I understand, but it can be
24 made available, though, right?
25 MR. BRILHANTE: That's correct.
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1
MR.
CHR. ONO: Because we would need that
2
information
in order to just make the determination
3
whether
an adjustment is due, not due, or --
4
calculated based
MR. PAVAO: That's a lot of work.
5
MR.
MR. FRATINARDO: Just a fast question for
6
her. The
across-the-board increases are just --
7
they're
just their regular salary, correct?
8
MR.
MS. SAKAMOTO: Yes. So, if Police gets --
9
what are
they getting -- 2.25 percent, then it would
10
just --
that whole structure would move up 2.25
11
percent.
ONO: Correct. Understood.
12
MR.
HARANO: Excuse me. And the overtime is
13
based on their
new salary increase, though, right?
14
MS.
SAKAMOTO: Yeah. So it would be
15
calculated based
off of their -- whatever salary --
16
MR.
HARANO: The new rate is.
17
MS.
SAKAMOTO: Yes.
18
CHR.
ONO: Any other questions?
19
MR.
BRILHANTE: Again, just for clarity, we
20
generally don't
consider overtime when we're addressing
21
a salary of an
individual.
22
CHR.
ONO: Correct. Understood.
23
Otherwise,
I believe what is going to happen
24
is that we are
going to try
and get the
specific
25
salaries of the
subordinates
that report
to those
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1 department heads on July lst, and that does not include
2 a bonus -- because bonus is not considered part of the
3 salary. So we'll be working together on that.
4 MS. SAKAMOTO: Can I just point out one
5 thing?
6 CHR. ONO: Sure.
7 MS. SAKAMOTO: So, this chart is only
8 referring to what was negotiated under collective
9 bargaining. So, then, what will happen is the employees
10 that are covered under the Excluded Managerial
11 Compensation Plan -- that's like your division head
12 levels.
13 CHR. ONO: Yes.
14 MS. SAKAMOTO: -- they would then follow,
15 generally speaking, depending what the plan says, at
16 least what the collective bargaining agreement would
17 get. So if you're looking at, like, BU -13, they are
18 scheduled to get 2.25 percent; so those excluded
19 managers in that EMCP will get at least that, yeah. So
20 that is the group that you will probably be looking at.
21 CHR. ONO: Right.
22 MS. SAKAMOTO: If you're looking at salary
23 inversion -- because that is going to be like your
24 division head level -- that will probably be higher, so
25 that when you look at your director level -- I think
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1 that's the comparisons that you want to look at versus
2 the ones that are actually in the bargaining unit.
3 MR. BRILHANTE: So, that's why you see --
4 there's those attached numbers. With, like, BU -03,
5 there's also "63" to the right of that.
6 CHR. ONO: Yes.
7 MR. BRILHANTE: And those are your EMs.
8 CHR. ONO: Oh, I see.
9 MR. BRILHANTE: 63.
10 And same thing with 11 and 91, same thing
11 with 12 and 92, and then 13 and 73.
12 MS. SELF: What is 13?
13 MR. BRILHANTE: 13 is your --
14 CHR. ONO: Professional and scientific.
15 MR. BRILHANTE: Professional and your
16 scientific.
17 MS. SELF: Oh, okay.
18 MR. BRILHANTE: To go along with that, you
19 know, I prepare the salary schedule for the EMs, and
20 the other thing we also provide in those salary
21 schedules is we incorporate the lump sums as well, so
22 if BU -- say BU -04 is getting a lump sum, then we
23 incorporate those lump sums when we revise the EM
24 salary schedule because the language of the HRS states
25 they shall get equal to the compensation and benefits
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1 of their collective bargaining counterparts.
2 MR. PAVAO: So, Bill, do you prorate the lump
3 sum in monthly payments or do you give them a lump
4 sum?
5 MR. BRILHANTE: Generally, we just give a
6 lump sum on the specified date. And sometimes it's
7 retro because, oftentimes, the language from the
8 contract doesn't get approved state-wide at a later
9 date, so then we'll go and -- so it's often -- if there
10 is lump sum payments, say, prior to the ratification of
11 the contract, then we retro, go back, and pay the lump
12 sum. So sometimes it's not on the specific date, but
13 it's on --
14 MR. PAVAO: Right.
15 CHR. ONO: Okay. Any other questions on
16 that?
17
And one other
question that I have. The
18
EMCP, is that a state-wide
scale or
is it county by
19
county?
20
MR. BRILHANTE:
The EMCP
is at the discretion
21
of the mayor through recommendation
of the HR director
22
for each county.
23
CHR. ONO: Oh,
okay.
24
MR. BRILHANTE:
They have
their own
25 through --
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1 CHR. ONO: So, we'll have our own through
2 this jurisdiction.
3
MR.
BRILHANTE: We always -- yeah.
4
Per
bargaining unit as well.
5
CHR.
ONO: Uh-huh. Okay.
6
Any
other questions on that? If not, shall
7
we call for a
break at this time and then come back and
8
then we can continue
on? We're doing well as far as
9
our schedule.
21
10
So,
be back a little bit after 10:55.
11
MS.
SELF: So recess.
12
CHR.
ONO: Recess.
13
(Recess ensued from 10:49 a.m. to 10:59 a.m.)
14
CHR.
ONO: Okay. Call the meeting back to
15 order.
16
Actually,
we just have the tail end
of the
17
agenda. I wanted to
mention that when we were
looking
18
at revising the rules
-- then we have this version
of the
19
rules that is not in
any electronic format. So
we went
20
on a hunt to try and
get it done -- and to and
behold
21
there's a female employee
by the name -- is it
Emarie?
22
MS. SELF:
Emarie.
23
CHR. ONO:
Emarie Carvalho, so she
24
transposed it into a
Word format, so now we can easily
25
amend it. So, that's
really good. So special
thanks to
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14 over here.
15 MR. BRILHANTE: Historically, for the boards
16 and commissions, that's how it's done. It's through --
17 CHR. ONO: I think that would be complicated
18 to have a nominating committee.
19 MR. BRILHANTE: I'm not sure if you would
20 have passed muster if we would have done it that way.
21 MS. SELF: You don't need a committee.
22 CHR. ONO: I know.
23 Any discussion on that, anybody? We're just
24 thinking ahead. Okay.
25 Any suggested agenda items for next meeting?
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1
her.
2
Let me see. I have placed a item over here,
3
"Discussion concerning election of officers for
the
4
calendar year 2019." And at some point in time
during
5
this fiscal year, we ought to put into effect an
6
election of officers so that we can have a new
7
administration take over in January of 2019.
8
Can you tell me from the past is it --
do
9
they --
10
MR. HIGGINS: Isn't that early?
11
CHR. ONO: Do they put together -- what do
12
they call it -- a nominating committee?
13
MS. SELF: No. It's just done at the
meeting
14 over here.
15 MR. BRILHANTE: Historically, for the boards
16 and commissions, that's how it's done. It's through --
17 CHR. ONO: I think that would be complicated
18 to have a nominating committee.
19 MR. BRILHANTE: I'm not sure if you would
20 have passed muster if we would have done it that way.
21 MS. SELF: You don't need a committee.
22 CHR. ONO: I know.
23 Any discussion on that, anybody? We're just
24 thinking ahead. Okay.
25 Any suggested agenda items for next meeting?
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1 Not hearing any, so the next scheduled
2 meeting will be Thursday, May 24th, 2018. And, Glynis,
3 it would be here?
4 MS. YAMADA: Yes.
5 CHR. ONO: Okay. Just to let you know, the
6 chair will be out of town, and so vice -chair will be
7 presiding on that meeting.
8 MR. PAVAO: Why don't we change the date so
9 that you can be here.
10 CHR. ONO: No. We have a --
11 MS. IKEDA: Very good idea.
12 CHR. ONO: -- very good vice -chair. I'm
13 tired of you guys.
14 MR. PAVAO: We tired of you.
15 CHR. ONO: Teri, strike that.
16 MR. PAVAO: Yeah, why don't we change the
17 date so you can attend.
18 MS. SELF: Well, if we could find a date,
19 that's fine with me.
20 Glynis, what are you going to suggest?
21 MR. BRILHANTE: It would be May 17th, the
22 week prior to.
23 CHR. ONO: May 17th.
24 How is everybody's schedule looking? I'm
25 looking at mine. I have no idea.
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1 MR.
CAMPBELL: I won't
be here.
2 MR.
HIGGINS: I won't
be here.
3 MS.
IKEDA: I won't
be here.
4 CHR.
ONO: Okay. So
why don't we just leave
5 it. Okay? One meeting.
6 MR. PAVAO: Okay.
7 CHR. ONO: Okay? So it will be May 24th,
8 10:00, here.
9 And should someone cancel my plan, I guess I
10 will be here.
11 MR. PAVAO: Okay. Good.
12 CHR. ONO: The last one I wanted to mention
13 is there was something that happened this morning,
14 before we adjourn the meeting.
15 So, Bill, is it public about the mayor?
16 MR. CAMPBELL: Yes. It was on Hawaii News
17 Now.
18 MR. BRILHANTE: I believe thanks to Ms. Nancy
19 Cook -Lauer, who is hiding in the back there, it was
20 made public.
21 CHR. ONO: So for the benefit of those of
22 you who don't know, is there someone who understands
23 the details they can --
24 MR. BRILHANTE: This morning, we were called
25 to the mayor's office, and the managing director
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15
MS.
Page 43
1
addressed us and he
communicated to us that, for
2
precautionary measures,
the mayor drove himself to the
3
hospital this morning,
and he's undergoing a test and
4
the likes, and he's
currently in the hospital. And
5
we're just awaiting
to see what happens next steps as
6
it goes. And there's
nothing -- we're kind of in a
7
holding pattern.
SELF: 10:00, right?
8
CHR. ONO:
I see. Okay.
9
MR. BRILHANTE: And he's communicating and
10
everything, so it's
just precautionary.
11
CHR. ONO:
Yeah, Harry is a tough guy.
12
Anyway, we wish him
well, certainly.
13
If not, I
think that's the end of our
14 meeting.
15
MS.
IKEDA: Great.
16
MR.
HARANO: Chairman?
17
CHR.
ONO: Yes, Nelson.
18
MR.
HARANO: I don't believe I will be here
19
for that May 24th
meeting.
20
CHR.
ONO: Okay. You guys still have a
21
quorum, as far
as I can tell.
22
MS.
SELF: 10:00, right?
23
CHR.
ONO: 10:00.
24
Thanks,
Nelson.
25
MR.
HARANO: Yeah.
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1 And also, when you mentioned any other agenda
2 items --
3 CHR. ONO: Yes.
4 MR. HARANO: -- coming up, I guess -- not
5 now, but -- sorry, I had a doughnut in my mouth at the
6 time, so I couldn't speak up. But I would like to see,
7 on a going -forward basis, long-term objective, I think,
8 is every meeting we come to, we talking about salary
9 increases, collective bargaining agreements, this,
10 that, whatever -- but I would like to move in the
11 direction where people that's in the various positions
12 are held accountable. I think we should try and
13 formulate plans that way rather than always having to
14 deal with what's the current -- or what is the
15 projected salary increase, you know, from current year
16 or next year or two years from now, whatever. I would
17 like to see that.
18 And I say this because, serving on the
19 commission, friends know what I do, and they always
20 complaining about, "Look" -- you know, their view is
21 always -- "I'm held accountable in my job. So should
22 they." So I'm just trying to relay what I feel is the
23 public's feeling towards what people see, like the road
24 crew on the road every day or something like that.
25 That's just my thoughts.
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1 CHR. ONO: Okay. I'll tell you what we'll
2 do. We're going to put it on the agenda. I'm going to
3 put it under "Accountability," Nelson, and I'm going to
4 let you take the lead on that because, obviously, in
5 your mind, you have a concept of what you're talking
6 about. So you can take the opening on it and it can be
7 part of our agenda for discussion at the future
8 meeting.
9 MR. HARANO: Okay, thank you.
10 MR. PAVAO: Mr. Chairman, if I might, I
11 totally understand what you're trying to say and I
12 sympathize, but for us to discuss stuff like that,
13 that's way beyond the jurisdiction of this Commission.
14 MR. HARANO: Okay. I --
15 MR. PAVAO: I think it belongs -- I agree
16 with you, but I don't think this is the forum to
17 discuss that.
18 MR. HARANO: Okay. No, I didn't know where
19 our boundaries were, you know. And thank you for
20 corralling me.
21 CHR. ONO: Well, I see no harm in putting it
22 on the agenda to have a discussion, so we can better
23 define the parameters of that. And if it doesn't
24 belong here, that can be part of the discussion and the
25 conclusion that we come to.
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1
MR.
PAVAO:
I think Florence made a comment
2
it belongs in
the Ethics
Commission, I think.
3
MS.
IKEDA:
Yeah.
4
MR.
PAVAO:
I think that's the more
5
appropriate place
for
it. I don't think it's within
6
our jurisdiction
and
I don't think we should go there.
7
MR.
HARANO:
Okay.
8
MS.
SELF:
I would recommend that everyone
9
reread section
13-28
of the Charter because that
10
spells out what
your
authority is as this Commission.
11
And Mr. Pavao
is correct
that that does fall outside --
12
MR.
HARANO:
Okay.
13
MS.
SELF:
-- your authority.
14
MR.
HARANO:
Thank you, Amy.
15
CHR.
ONO:
Okay. Anything else? If not --
16
MS.
IKEDA:
I move to close.
17
CHR.
ONO:
That was fast. Florence moved.
18
MR.
PAVAO:
Second.
19
CHR.
ONO:
Any second?
20
MR.
PAVAO:
Second.
21
CHR.
ONO:
Okay, Milton seconds.
22
All
those in
favor say "Aye."
23
(All
members responded affirmatively.)
24
CHR.
ONO:
Okay. Thank you very much.
25
(The
meeting adjourned at 11:08 a.m.)
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STATE OF HAWAII
ss.
COUNTY OF HAWAII
Page 47
I, TERI HOSKINS, a certified court
reporter in the State of Hawaii, do hereby certify
that the foregoing pages are a true and correct
transcription of the proceedings in the above matter.
Dated this 9th day of May, 2018.
ery Hoskins,-,�R, 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 April 26, 2018.
Glynis Yamada, Secretary, Salary Commission, had incorporated some minor
formatting/housekeeping revisions throughout the transcript.
Respectfully Submitted,
/
4 nkl-i ell-144)
Glynis Yamada, Secretary
APPROVED:
Hugh Y. Ono, P. E., Chair
Salary Commission
A
COUNTY OF HAWAII STATE OF HAWAII
• 4r*OF NO'
-.
•
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 Hawaii, 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. A
(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.
ODUCED BY:
imper imp
•
ti` •
►' CIL MEMBER, CO ` i AWAI`I
, Hawai`i
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Date of 3`d Reading:
Effective Date:
712.2
REFERENCE Comm.
2
BILL 98, DRAFT 2—TESTIMONY
Wednesday, April 11, 2018
Submitted by Hugh Y Ono, as an individual public citizen of the County of Hawaii*
*Note: This Testimony is not as a member of the County of Hawaii Salary Commission.
Submitting written testimony suggesting that the language already amended by Bill 98, Draft 2 be
further amended as shown below.
These additional requirements should make the future Salary changes by the Salary Commission clearer
for all future changes to include public & political involvement as well as better reconciled with the
County of Hawaii's annual budgets.
(e) Prior to the start of any new fiscal year or no later than the last calendar day in February of each
fiscal year_< • .. _ _ _ -- .__ _ _ . . . ._ _ ---- >_, the salary commission shall:
(1) Submit its recommended salary changes, if any, to the Administration to be included in the
next annual budget. (the intent is to allow any salary adjustments by the salary commission to be
included in the annual budget)
(2) Prior to any action taken in subsection (1) above, the following requirements shall be met:
(a) All recommended salary increases or decreases shall be published at least once in at
least two daily newspapers of general circulation in the county a detailed account of its
proposal, or proposals, including the specific increases or decreases in both actual dollar
amounts and percentages;
(b) 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
(c) Submit copies of a <_dctailcd>_ 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.
(d) The salary adjustments shall also be submitted to both the mayor and county
council for their review, comment and feedback.
(f) Any adjustment that increase 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."
(e) All salary adjustments shall have an effective start date of July 1 of the new fiscal year immediately
preceding the salary commission's actions.
Submitted by:
Hugh Y Ono, P.E.
455 Ekela Street
Hilo, HI
Phone: 959-1342
Email: hono@hawaii.rr.com
ATT. B
SALARY COMMISSION
• COUNTY OF HAWAII
TITLE in - 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
• §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
41) §203-1 Petitions for declaratory rulings 203-1
ATT. C
PAGE NO.
• §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
•
TITLE III - RULES OF THE COUNTY OF HAWAI'I 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 Hawai'i 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 Hawaii 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.
(i) 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.
U) 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. 10-20-02)
§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 Hawaii
County Salary Commission, c/o The Director of Personnel, County of Hawai'i 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 an 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. All 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,
Hawaii 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. [Eff. 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, Hawaii, 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
11 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 HAWAII 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
411 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
0
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 petitioners interest in the
0 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 Request 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, Hawai'i
• 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]
1110
•
203-2
Harry Kim COUNT
O V a ( • �i i- HAWAII
FWAII . SYOF ~' William V.Bil�hAritCl
Jr.
Mayor
Director of3luman Resources
Huri
*•• �r%r�r�t *� Allan M.Yokoyama
7131P tFR 18 F-1 2: 16 —'_ Deputy Director of Human Resources
Y'i�:
County of Hawaii
Department of Human Resources
Aupuni Center*101 Pauahi Street,Suite 2*Hilo,Hawai'i 96720*(808)961-8361*Fax(808)961-8617
website:http://hawaiicounty.gov/human-resources e-nuriL jobs@hawaiicountv.gov
TO: Hugh Y. Ono, P.E., Chair
and Salary Commission Members
FROM: William V. Brilhante, Jr., Director of Human Resource
DATE: April 18, 2018
RE: Scheduled Collective Bargaining Pay Increases
Per your request, please see enclosed copy of the scheduled collective bargaining pay
increases. The applicable bargaining units to review would be:
• BU-04: White Collar Supervisory
• BU-1 1: Fire Fighters
• BU-12: Police Officers
• BU-13: Professional & Scientific
If you have any questions, please feel free to contact Jennifer Sakamoto, Human
Resources Manager at 961-8361.
ATT. D
Hawaii County is an Equal Opportunity Provider and Employer.
PAY INCREASES 03/02/18
JULY 1, 2017-JUNE 30, 2019
JULY 1, 2017 -JUNE 30, 2021 (BUO1/BU12)
j BU 01,61 November 1,2017 $1000 lump sum payment for employees who where employed as of October 31,2017,
,prorated for employees who are less than full-time
June 1,2018 13.2%ATB Increase
November 1,2018 $1000 lump sum payment for employees who where employed as of October 31,2018,
prorated for employees who are less than full-time
May 1,2019 13.45%ATB Increase
1July 1,2019 12.0%ATB Increase
July 1,2020 2.0%ATB Increase
BU 02,82iJuly 1,2017 12%ATB Increase f
1,201 _-_-_..__ . ________i_- _ _ . _.___ _. ..._-._ ____ __.__.__ _._ ,____._. __--__.-_._.__ -_ __._____. ._____ ____-,
'January 8 _._11.2%ATB Increase
'July 1,2017-June 30,2018 `Step movements on the first day of the pay period immediately following the completion 1,1
_.___.___.._. . of the required years of continuous creditable service
;July 1,2018 12.25%ATB Increase I
January 1,2019 ___..1.2%ATB Increase
'July 1,2018-June 30,2019 (Step movements on the first day of the pay period immediately following the completion i
of the required years of continuous creditable service
BU 03,63 July 1,2017 2%ATB Increase 1
;$150 lump sum payment for employees who were employed as of June 30,2017, pro-rated 1
!for employees who are less than full-time
January 1,2018 1.5%ATB Increase
lJul 1,2018 2.25%ATB Increase
1$150 lump sum payment for employees who were employed as of June 30,2018, pro-rated
for employees who are less than full-time
January 1,2019 'Employees on Step A shall be placed on Step B;Step A to be deleted from salary schedule I
1.25%ATB Increase
BU 04,84 `July 1,2017 12%ATB Increase
1$150 lump sum payment for employees who were employed as of June 30,2017, pro-rated
!for employees who are less than full-time
January 1,2018 11.5%ATB Increase_
July 1,2018
12.25%ATB Increase _______.__.._____..w_.___.-.____ -___._____.__ ________._..__._____._____.___.__.
$150 lump sum payment for employees who were employed as of June 30,2018, pro-rated
_ ___ `for employees who are less than full-time
;January 1,2019 - _. `Employees on Step A shall be placed on Step B;Step A to be deleted from salary schedule
_-_! 11.25%ATB Increase
BU 11,91 `July 1,2017 2%ATB Increase v_- _._
!July 1,r 2017-June 30,2018 'Catch up/Service step movment on service anniversary date
July 1,2018 ..__--------,_.---_ .11-2.25%°ATB Increase ___------_.____.___---------___._____�._ ----------_------.---_-_._
;July 1,2018-June 30,2019 Catch up/Service step movment on service anniversary date
PAY INCREASES 03/02/18
JULY 1, 2017 -JUNE 30, 2019
JULY 1, 2017 -JUNE 30, 2021 (BUO1/BU12)
BU 12,92 1July 1,2017 T2%ATB Increase
• ;July 1,2017-June 30,2018 ,Catch up/Service step movement on PSA date
1July 1,2018 12.25%ATB Increase
!July 1,2018-June 30,2019 !Catch up/Service step movement on PSA date
!July 1,2019 i2%ATB Increase
July 1,2019 ;Employees on salary ranges from P07 to P015 slall receive a one-time lump sum bonus as
;follows:
I (Step A $1,800
;Step B $1,825
l !Step C $1,850
I !Step D $1,875
;Step L-1 $1,900
Step L-2 $1,925
:Step L-3 $1,950
• :Step L-4 $1,975
Step L-5 $2,000
!July 1,2019-June 30,2020 1Catch up/Service step movement on PSA date
!July 1,2020 12%ATB Increase
!July 1,2020 Employees on salary ranges from P07 to P015 slall receive a one-time lump sum bonus as
;follows:
Step A $1,800
Step B $1,825
!Step C $1,850
`Step D $1,875
Step L-1 $1,900
Step L-2 $1,925
Step L-3 $1,950
;Step L-4 $1,975
Step L-5 $2,000
July 1,2020 !Employees on Step L-5 with twenty-eight(28)or more years of service accrued on or
:before July 1,2020 shall receive a one-time lump sum bonus of$500
July 1,2020 June 30,2021 'Catch up/Service step movement on PSA date
BU 13,73July 1,2017 2%ATB Increase
July 1,2017-June 30,2018 !Step Movements on step movement dateY�`
{July 1,2018 l2.25%ATB Increase
I July 1,2018-June 30,2019 ;Step Movements on step movement date _._
PAY INCREASES 03/02/18
JULY 1, 2017 -JUNE 30, 2019
JULY 1, 2017 -JUNE 30, 2021 (BUO1/BU12)
8U 31 (July 1,2017 12%ATB Increase
$150 lump sum payment for employees who were employed as of June 30, 2017,pro-rated
;for employees who are less than full-time
!January 1,2018 11.5%ATB Increase
;July 1,2018 12.25%ATB Increase
1$150 lump sum payment for employees who were employed as of June 30,2018, pro-rated
;for employees who are less than full-time
:January 1,2019 11.25%ATB Increase
BU 34 IJuly 1,2017 12%ATB Increase
'July 1,2017-June 30,2018 ;WIRP/Lovngevity pay on WIRP date
;July 1,2018 2.25%ATB Increase
July 1,2018 June 30,2019 ;WIRP/Lovngevity pay on WIRP date
BU 35 ,July 1,2017 12%ATB Increase
i ;July 1,2017 June 30,2018 !WIRP increase on WIRP date I
July 1,2018. __._ 2.25%ATB Increase
;July 1,2018-June 30,2019 ;WIRP increase on WIRP date
BU 36 ;July 1,2017 2%ATB Increase
July 1,2017-June 30,2018 1WIRP/Lovngevity pay on WIRP date
July 1,2018 j2.25%ATB Increase
July 1,2018 June 30,2019 WIRP_/Lovngevity pay on WIRP date
i' iJuly 2019 2% _.�__ _ ____ _-____ ____-.-_.____________.__.�
_._._y 1, _. ATB Increase
July 1,2019 lEmployees shall receive a one-time lump sum bonus of$2,000
' 1July 1,2019-June 30,2020 'WIRP/Lovngevity pay on WIRP date
;July 1,2020 2%ATB Increase
July 1,2020 Employees shall receive a one-time lump sum bonus of$2,000
July 1,2020 Employees on at the Maximum rate on the salary schedule with twenty-eight(28)or more
years of service accrued on or before July 1,2020 shall receive a one-time lump sum bonus
of$500
July 1,2020-June 30,2021 (WIRP/Lovngevity pay on WIRP date