HomeMy WebLinkAbout2019-01-24 Salary Commission MinutesPage 1
TRANSCRIPT OF PROCEEDINGS
SALARY COMMISSION MEETING
Held at the Hawaii County Building, 25 Aupuni Street,
Hilo, Hawaii, 96720, commencing at 10:02 a.m., on
January 24, 2019.
REPORTED BY: TERI HOSKINS, RMR, CSR #452
ISLAND COURT REPORTING & TRANSCRIPTION SERVICES
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APPEARANCES
CHAIR:
GEORGE W. CAMPBELL
BOARD MEMBERS:
THOMAS E. FRATINARDO
JAMES W. HIGGINS
HAROLD D. DOW, M. D.
NELSON H. HARANO
MILTON PAVAO, P. E.
EXCUSED:
FLORENCE K. IKEDA
WILLIAM V. BRILHANTE, JR., EX -OFFICIO
ALSO PRESENT:
AMY SELF, DEPUTY CORPORATION COUNSEL
GLYNIS YAMADA, COMMISSION SECRETARY
JENNIFER SAKAMOTO, HR
MICHELE LAMKIN, HR
ALLAN YOKOYAMA, HR
PAULA PAVAO
NANCY COOK-LAUER
HUGH ONO
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1 CHAIR: Let's go ahead and get started.
2 Good morning, everyone. We have roll call
3 -- and let's start with Nelson today.
4 MR. HARANO: West Hawaii, Nelson Harano.
5 MR. DOW: Harold Dow, District 5.
6 MR. FRATINARDO: Thomas Fratinardo, District
7 1.
8
MR. PAVAO: Milton Pavao, District 4, I
9
think.
10
MR. HIGGINS: Jim Higgins, 7.
11
CHAIR: And Florence has an excused absence
12
today.
She's recovering from her operation, and she'll
13
be back
next month.
14
MR. PAVAO: Oh, she did?
15
CHAIR: Yeah.
16
And Bill is off doing union negotiations in
17
Oahu.
So welcome, everyone.
18
Teri, glad you're here again today.
19
Susan, I see you're back there.
20
So, let's go ahead and get started.
21
We have a comment today from somebody by the
22
name of
Hugh Ono.
23
MR. HIGGINS: Oh, no.
24
MR. ONO: Ono, yeah, that's my last name.
25
CHAIR: So, we'll give you the usual little
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1 three minutes.
2 MR. ONO: I miss you guys so much, I had to
3 show up.
4 MR. HIGGINS: Yeah, right.
5 MR. ONO: Actually, what I wanted to do is
6 just offer my comments on the Charter Commission, some
7 of the stuff that's going on. And George and I have
8 had some conversation on this; but standing back and
9 taking a look at the whole process, and after having
10 served on this Charter Commission -- I mean this Salary
11 Commission, I'm beginning to believe that the County of
12 Hawaii can do without the Salary Commission. I believe
13 that everything is in place because the information for
14 the salaries fundamentally comes from the Department of
15 Human Resources. Plus that, they have the organization
16 and the rules in place so that such increases could be
17 included as part of the budget and would meet the
18 hearing process.
19 But what I wanted to offer, without getting
20 into a lot of detail, is if this Commission decides
21 that it wants to pursue that, I would be willing to
22 write up a talking paper as a draft for you folks to
23 use for that.
24 And, with that, I'll just leave it at that,
25 because I'm sure you guys are going to have fun
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1 discussing that.
2
And
so, that's it. But I do miss -- I don't
3
miss Higgins,
okay?
4
CHAIR:
Figures.
5
MR.
ONO: Didn't even wear my Punahou shirt
6
today.
7
With
that, that's all I have.
8
CHAIR:
Any questions for Hugh?
9
MR.
PAVAO: Yeah, I have a question.
10
CHAIR:
Do you have a question?
11
MS.
SELF: Nelson?
12
MR.
HARANO: Me -- no.
13
MR.
PAVAO: I have a question.
14
CHAIR:
Turn on your speaker there.
15
MR.
PAVAO: Oh, sorry.
16
You're
proposing to delete the Salary
17
Commission?
18
MR.
ONO: I'm not proposing. I'm just
19
suggesting an
idea.
20
MR.
PAVAO: Well, suggesting.
21
MR.
ONO: Yeah.
22
MR.
PAVAO: That would require some sort of
23
charter amendment.
24
MR.
ONO: Yeah. There's going to be
25 something on the charter amendment anyway, so I
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1 understand.
2 MR. PAVAO: And you feel that,
3 administratively, they can do what the Charter
4 Commission is tasked to do?
5 MR. ONO: Yes, I do. And probably also, in
6 addition, with a great savings in funding when I look
7 at all the people involved and the staff involved and
8 all the meetings that are required.
9 MR. PAVAO: Donuts, the coffee.
10 MR. ONO: Yeah. But they haven't started
11 serving alcohol, so that's a savings.
12 MR. PAVAO: Maybe that's why you quit.
13 MR. ONO: Yeah. No margaritas.
14 CHAIR: Mr. Higgins?
15 MR. HIGGINS: I happen to agree with you for
16 probably the first time since the second grade. But
17 wouldn't that take away the original purpose of it's
18 not wise to have government setting their own pay?
19 MR. ONO: Uh-huh. So, it's a philosophical
20 issue.
21 MR. HIGGINS: Yeah. Okay.
22 CHAIR: All right.
23 MR. ONO: Well, thank you very much. Okay?
24 CHAIR: Thank you.
25 MR. ONO: And I don't think I'll stay for the
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1 meeting. Okay? I know you guys are all disappointed,
2 but have a nice day.
3 Happy New Year to all of you.
4 CHAIR: Thank you.
5 MR. PAVAO: Hey, by the way, nice shorts.
6 MR. HIGGINS: Ugly legs.
7 MR. ONO: How about the body?
8 MR. HIGGINS: Ugly legs.
9 MR. ONO: Nice seeing you folks. Thank you.
10 CHAIR: So, thanks. We'll take that under
11 consideration in a future agenda.
12 All right. Next thing is approval of the
13 minutes. Everyone had a chance to look at those? If
14 you have, if you have any corrections, let's do it now.
15 Otherwise, I will accept a motion to approve each set
16 of minutes.
17 From October 9th, 2018 and November 27th,
19 MR. FRATINARDO: I make a motion for that.
20 CHAIR: Okay, moved.
21 Is there a second?
22 MR. HIGGINS: Second.
23 CHAIR: Any other discussion?
24 All in favor, Aye?
25 (All members responded affirmatively.)
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1 CHAIR: Opposed?
2 All right. Carried.
3 MR. PAVAO: Abstain. I approve the October
4 but abstain --
5 CHAIR: Abstain on the --
6 MR. PAVAO: -- because I wasn't here.
7 CHAIR: The one on November 27th. Okay,
8 thank you.
9 No communications.
10 Let's see. Under "New Business," some of you
11 were aware that Charter Commission Member Kevin Hopkins
12 submitted amendment No. -- well, amendment to Section
13 13-28, which was No. 25 on the Charter Commission's
14 agenda; and it essentially said that anything that our
15 Commission does had to go to the mayor and to the
16 council for approval. It said without modification,
17 which meant they could just reject it and send it back,
18 but they couldn't change it. The Charter Commission
19 voted on that last week and voted it down, so that's
20 not going to happen.
21 Any questions or comments on that subject?
22 We do have copies of all of the letters that
23 were sent back and forth if any of you have any
24 questions or want to look at that. And I know some of
25 you did testify there as individuals.
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1 All right. If nothing else, we'll move on
2 from that to item 4, 5, 6.
3 Remember at the last meeting, we reviewed and
4 approved a plan for how we were going to move forward,
5 and I don't know if you wanted to talk any more about
6 that plan. At this point in time, if you remember what
7 the plan said, it was to -- you'll find it in your
8 packet under "Clean Plan," or the plan that counsel
9 looked at, was to set down a process that we would use
10 for evaluating what each commission and/or department
11 that we would appoint raises for -- for that position,
12 that we would look at them and see what process they
13 used to evaluate either the member that they oversaw or
14 any other evaluation process, so we had some feel for
15 what was being done to see that these people are
16 actually doing their job properly; and it also would
17 give us an idea of actually what the responsibilities
18 of each of those people are, what they do, how they do
19 it, so that we can have a better chance of then
20 considering are we as a commission going to approve
21 raises or not. There are a lot of other factors that
22 could be added to this, but this is what we approved
23 last time.
24 What we haven't done, yet, is set any
25 schedule -- and this is a future meeting -- where we
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1 can start talking about do we want to start asking the
2 different commissions to come and talk to us now over a
3 period of time?
4 I can tell you that in our correspondence
5 with Finance, they tell us the budget is going to be
6 very, very, very -- I think those were the words I
7 got -- tight this year. They should have something --
8 at least what the proposal for the mayor will be -- in
9 March, early March, and at that time we can see how
10 tight it's really going to be and how we want to
11 proceed.
12 What the Chair suggests is that we just start
13 through the process under the proposed schedule of
14 listening on the Police, Fire, and Liquor, Merit
15 Appeals Board, so on down through the list and take the
16 rest of the year doing that.
17 If there really are funds available and we
18 think there should be raises, we can make them
19 retroactive; or we cannot give any raises this year
20 and say they will be effective for 2020 and suggest
21 this is what it would be and how much money we would
22 suggest needs to be set aside in the 2020 budget by the
23 mayor.
24 So those are alternatives that we could use,
25 but I'll open it for discussion.
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1 MR. FRATINARDO: Yes, I had a question for
2 Amy.
3
Bill is in Honolulu on union negotiations for
4
the different bargaining units?
your
5
MS. SELF: Right.
MS.
6
MR. FRATINARDO: Where are they
at? Because
7
I used to -- I was a SHOPO rep, and I did
arbitration.
8
Is it at the arbitration point?
any
9
MS. SELF: I'm not sure.
10
So, it's fire arbitration.
11
MR. FRATINARDO: Fire.
12
So I would be willing to say for
myself is to
13
find out what the finalized contracts are
from the
14
different bargaining units before we come
up with any
15
sort of decision as far as raises for the
executives,
16
because the increases will be based off of
those
17
bargaining unit results.
18
So, any projected time as far as
when they
19
might be settled?
20
MS. SELF: Jenny or anybody, do
you guys know
21
anything about this? I don't know because
I'm not in
22 HR.
23
MR.
FRATINARDO:
Not
your
department. Okay.
24
MS.
SELF: I'm
just
your
attorney.
25
But
do you guys
have
any
information on that?
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1 MS. SAKAMOTO: I think --
2 MS. SELF: Can you just --
3 MS. SAKAMOTO: I think we provided something
4 earlier. I've got to find it.
5 CHAIR: Yeah, and that's an important thing
6 to do.
7 MS. SAKAMOTO: I think we provided that
8 information.
9 MR. FRATINARDO: I think maybe that's the
10 most important, because we're deciding on how much of a
11 raise we're getting -- how much of an offset for raises
12 and whether we go with, at the most, a 9 percent raise
13 from us.
14 CHAIR: If we do one at all.
15 MR. FRATINARDO: If we do one at all.
16 But just to have that information before we
17 come to any more decisions regarding the raises, we
18 need that.
19 CHAIR: Yeah. And so, whether we're going to
20 follow the schedule or not.
21 MR. FRATINARDO: Sure, sure, sure.
22 MS. SELF: I think I just found it. Is that
23 the memo from Bill to Hugh dated April 18th, 2018?
24 Because it has the --
25 MS. SAKAMOTO: There was a schedule --
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1 MS. SELF: Schedule Collective Bargaining --
2 MS. SAKAMOTO: Yep.
3 MS. SELF: -- Pay Increases?
4 So, you guys got this in your materials.
5 MS. SAKAMOTO: So those are good --
6 MS. YAMADA: It's under your April 26th
7 scheduled meeting. If you look in the back, meeting
8 held on April 26th, the document is within that area.
9 MS. SELF: It looks like this.
10 MS. SAKAMOTO: So, that attachment has the
11 schedule for all the different bargaining units and
12 what they are going to be receiving over the course of
13 their contracts. So we have several contracts that we
14 bargain with, and they all have different timeframes,
15 depending on what was negotiated and different -- like
16 ATPS -- ATPs across-the-board, increases or step
17 movements on whatever was negotiated during that time.
18 So, I think the only one that might be still pending
19 might be fire, but I'm not sure (SEE ATT. A).
20 MR. FRATINARDO: Yeah. That's my question
21 would be fire.
22 MS. SAKAMOTO: Because I'm not involved in
23 collective bargaining, so -- I think -- do you know,
24 Glynis? I think that might be the only one.
25 They might be starting the next round, but it
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1 looks like some of these are through 2021.
2 MR. FRATINARDO: Right. So --
3 MS. SAKAMOTO: So, you folks should have
4 sufficient information to --
5 MR. FRATINARDO: Then my next question would
6 be -- do we hold up all the raises upon receipt of
7 information from that one particular bargaining unit?
8 CHAIR: Well, that's a point for us to
9 consider. Are we going to go through the whole process
10 of valuation, or are we going to do it one by one?
11 Remember Bill provided us, two meetings ago, proposed
12 salaries based on the information you just asked
13 about --
14 MR. FRATINARDO: Yes.
15 CHAIR: -- that we got in April.
16 Thank you.
17 MS. SAKAMOTO: Yep.
18 CHAIR: So, that's something we can consider
19 as we proceed.
20 Any other --
21 MR. PAVAO: Mr. Chairman?
22 CHAIR: Mr. Higgins, you had a question?
23 MR. PAVAO: Go ahead.
24 MR. HIGGINS: Oh, no. Go.
25 MR. PAVAO: You know, we certainly don't have
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1 any control over the union wages.
2 MR. HIGGINS: Uh-uh.
3 MR. PAVAO: But we do have control over the
4 other raises, and we recently gave huge raises to catch
5 up.
6 I think before we give any more raises, we
7 really should understand the County's finances. And
8 before we even consider anything, I would like to have
9 somebody from the County come and give us a good idea
10 of where the County stands as far as financial
11 situations. It's nice to give raises, and there's no
12 question in my mind that they deserve it, but I cannot
13 see this Commission giving raises at the detriment of
14 the County itself. So, before we do anything, I would
15 really like to see somebody from Finance Department
16 give us an idea of how this will affect -- you know,
17 the union wages will affect the County, definitely.
18 And we have no control, but we do have control in
19 everything else, and I think before we decide anything,
20 we need to understand where the County is.
21 CHAIR: Okay. Yeah. And I did ask if they
22 could come today. They said there's nothing new from
23 the last time they were here, so until they have more
24 solid numbers, no need for them to come here.
25 MR. HIGGINS: Well, I'm in Milton's camp on
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1 this. I think on here, the proposal is on March 2019,
2 that the Finance -- somebody shows up for that.
3 CHAIR: Right.
4 MR. HIGGINS: Whether they are far along on
5 their budget or not is important, but what is also
6 important is for us to do a little more digging than we
7 did last time.
8 CHAIR: Which is --
9 MR. HIGGINS: Last time, basically, we said,
10 "Can we afford this?" "Oh, yeah, we have a side fund,
11 and we can do it."
12 I'd like to dig a lot more. Most economists
13 in the world today are looking for a slowdown in the
14 economy. That is globally. That is U.S. And for sure
15 even the University of Hawaii economists recently --
16 and the local banks -- have all said that the Hawaiian
17 economy is going to slow down, maybe dramatically, for
18 this year.
19 So, with that this mind, I'd like -- there's a
20 lot of questions I would like to pose to the Finance
21 Department regarding that. Exactly what are they going
22 to be using as an example in their projections? They
23 must have all kinds of assumptions, like interest
24 rates, growth, taxes --
25 CHAIR: Taxes.
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1 MR. HIGGINS: -- increases and all that kind
2 of stuff.
3 And, also, what's important -- I'd like to als
4 have them tell us what is the percentage of wages and
5 benefits as a percent of our budget. And the reason
6 for that is there's got to be a point at some point
7 where the lines cross where it's a real danger zone.
8 And so, they must have those numbers. I'd like to see
9 those numbers and how those numbers compare to the
10 past, say for the last 10 or 15 years.
11 CHAIR: Uh-huh.
12 MR. HIGGINS: She mentioned that I think one
13 time -- I could be wrong on this -- that it was about
14 70 percent. Well, most businesses cannot exist with a
15 70 percent factor of wages and benefits as a percent of
16 costs.
17 So, those are the kinds of things I'd like to
18 explore. It may be that we'd be wasting a lot of our
19 time talking to everybody and listening to everybody
20 saying how wonderful everybody is and they all deserve
21 pay raises and all of that, but as representing the
22 County, as Milton has said -- and that means
23 taxpayers -- I think we would be remiss if we didn't
24 pursue the financial side a lot more.
25 CHAIR: So --
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1 MR. FRATINARDO: Sorry.
2 CHAIR: So when you said "more detail," are
3 you talking about going through these presentations?
4 Is that what you were talking about?
5 MR. HIGGINS: No, I'm just talking about the
6 Finance people. I mean, maybe, you know, more than ten
7 minutes, you know. I think some of the things I just
8 brought up, I think we have to have answered.
9 The other thing is -- this is a minor thing,
10 but it's a part of it -- well, how are you going to
11 finance it? You know, you're either going to raise
12 taxes or you're going to float more bond debt.
13 CHAIR: Right.
14 MR. HIGGINS: And so, I want to know that
15 because I'm a taxpayer.
16 CHAIR: Sure.
17 MR. HIGGINS: And so, those are the kinds of
18 things.
19 The other important ingredient is -- we've
20 talked about it before -- okay, you can authorize a pay
21 raise, and that goes in, and it costs X couple million
22 dollars more for the current budget, but that's when it
23 just starts. It goes on forever, and it goes on
24
forever
in the retirement
system, which our
employees,
25
County
employees, here are
all part of the
state
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1 system. And the
state
system is in such
red ink
2 that you want to
blush
when you look at
it.
3 And I
looked
into it recently.
The
4 assumption for the state retirement system is they
5 crank in a 7 percent increase per year. Well, last
6 year the markets were down 6, 7 percent, so you don't
7 have to be too brilliant to figure out the contribution
8
that has to go from this
County into
the state system
9
of the retirement system
is going to
go up
10
dramatically. So, we got
to kind of
know that kind of
11
stuff.
Are the lines
going to
cross where
we're in a
12
danger
zone compared
to other
counties and
other
13
states?
That's, kind
of, what
I'd like to
know.
14 CHAIR: All right.
15 MR. FRATINARDO: Yes. On Monday, there was a
16 pretty in-depth article in the Hawaii Tribune -Herald --
17 and I'm leaning with Bill and Mr. Pavao. First-line
18 supervisors remain a priority for law enforcement
19 during discussions with County officials -- additional
20 budget needs for the upcoming fiscal year. Sam Thomas
21 testified to the Police Commission that the proposed
22 budget for the 2019 and 2020 fiscal year is 69.309
23 million with a supplemental budget that came out to
24 another 4.22 million.
25 So, you know, these departments all have
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1 individual needs, and I would really like to follow --
2 I would like to request that these individuals can come
3 in and just let us know where they might have
4 shortfalls, what their needs are for, you know,
5 bullets, Band-Aids, beans -- you name it -- pens,
6 because they have financial needs. And some of these
7 requests that the police department has, which I didn't
8 know about before -- no one told me last year -- was
9 that they'd been waiting on certain increases for 13
10 years and changes for 13 years.
11 So, I would like to know and find out that
12 from these individual departments to find out what have
13 they been waiting on as far as improvements in each
14 department? You know, have they been waiting that
15 long? And we need to -- you know, the County Finance
16 Department, like Bill said, they are going to have to
17 come up with a number for us as far as what's
18 affordable or even if it's affordable. It's not...
19 MR. HIGGINS: I don't think that's our job on
20 that. I wouldn't go so far. That's the budget
21 department -- Finance people. They are going to be
22 looking at beans and pencils and all of that. That's
23 why I'd prefer to have them come first.
24 MR. FRATINARDO: Okay.
25 MR. HIGGINS: That is the Finance people --
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1
MR.
MR. FRATINARDO: Got it.
Okay.
2
MS.
MR. HIGGINS: -- to say,
"Here's the big
3
picture.
We got X -amount of room for maybe wage
4
increases"
-- and so, we don't have
to worry about the
5
beans and
the pencils.
6
MS.
MS. SELF: I just want to
remind you guys
7
that this
plan you're looking at is
what you adopted at
8
the last
meeting (SEE ATT. B).
we're going to --
9
we're going to
MR. FRATINARDO: Right.
at the bottom of
10
this sheet.
MS. SELF: So, this is what
you need to
11
follow --
SELF: Yeah.
12
MR.
FRATINARDO: Right.
13
MS.
SELF: -- in order to
give raises,
14
because this is
what you voted on,
and I was asked to
15
include it in
your rules, so I did.
16
CHAIR: Right.
17
MS.
SELF: So, if you're
going to not follow
18
this, then you
need to amend it or
--
19
MR.
FRATINARDO: It says
we're going to --
20
we're going to
talk to these people
at the bottom of
21
this sheet.
22
MS.
SELF: Yeah.
23
MR.
FRATINARDO: So, I'm
confused now.
24
MS.
SELF: So, this is what
you should be
25 following before you do any salary increases, because
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1 this is what you adopted at your last meeting.
2 CHAIR: Yeah.
3 MS. SELF: It can be amended because I even
4 put that in the proposed rules.
5 CHAIR: That's the rule. It says we have a
6 plan and it's a plan, as amended.
7 MS. SELF: Right.
8 CHAIR: Thank you, Amy.
9 MS. SELF: Uh-huh.
10
CHAIR: And
so, essentially, you
know, Jim,
11
what you suggested is,
you know, Number 1
-- in our
12
proposed plan.
23
schedule
13
MR. HIGGINS:
Yeah. It's right
there.
14
That's the only date --
pardon me. That's
the only
15
date, really, that's on
this proposed plan
is the
16
Finance director, March
19.
17
CHAIR: And
that's a date we have
to start
18
with.
19
MR. HIGGINS:
Yeah.
20
CHAIR: And
so, the question is
do we then go
21
down and
ask the rest
of
these commissions and/or
22
boards at
the bottom
to
come and talk to us at some
23
schedule
for a series
of
future meetings? And the way
24 we talked about that last time was to understand what
25 that position does.
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1 MR. HIGGINS: Right.
2 CHAIR: Seems like if we're going to give
3 raises to a position, we ought to know what that
4 position is about and what it's for.
5 MR. HIGGINS: Uh-huh.
6 MR. FRATINARDO: And I'm sorry, Jim. I
7 called you Bill. You brought up a really good point
8 about the ERS, Employee Retirement System. Might that
9 be an option for us is to speak to someone from the ERS
10 regarding --
11 CHAIR: Well --
12 MR. HIGGINS: No --
13 CHAIR: No.
14 MR. FRATINARDO: Just a suggestion.
15 CHAIR: I'd suggest not either. I mean, at
16 this point, what we're looking at is those are all
17 questions to ask Finance.
18 MR. HIGGINS: Uh-huh.
19 MR. PAVAO: Yeah, exactly.
20 MR. HIGGINS: Yeah. She knows all the -- she
21 knows all those answers.
22 MR. FRATINARDO: Gotcha.
23 MR. PAVAO: I don't think it's our
24 responsibility to go as in-depth as, you know, we're
25 suggesting. I think we can get all the information we
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1 need by listening to the Finance people.
2 MR. FRATINARDO: I disagree.
3 MS. SELF: You've got this plan here.
4 MR. FRATINARDO: One of the criticisms about
5 this Board is how do we come up with our decision? And
6 some of the criticisms that were made was did we indeed
7 go in-depth enough? So, we better go in-depth.
8 MR. HIGGINS: Yeah.
9 MR. FRATINARDO: And we have to go in-depth.
10 MR. PAVAO: No, but you're talking about
11 going in depth like pencils, pens and stuff like that,
12 all that information.
13 MR. FRATINARDO: Well, that's in reference to
14 their budget about what their needs are.
15 MR. PAVAO: All that information should be
16 transferred internally within the County to Finance
17 Department.
18 CHAIR: Sure.
19 MR. PAVAO: Finance Department should know
20 what's going on.
21 CHAIR: Yeah, if I could cut this off, I -- I
22 think what we approved last time and the clean copy you
23 have in front of you is what we should follow.
24 MR. FRATINARDO: Yes.
25 CHAIR: It really says, "Hey, we just want to
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1 find out what these positions are about." And there's
2 two ways that can happen. We can ask them to come
3 here because they're all volunteers just like us, or
4 we can ask them to write us something, whichever they
5 would prefer and whichever you all would prefer; but I
6 think we ought to get on with it and start following
7 this schedule so that if we approve the rules today and
8 the rules get past the hearing process, then at our
9 next meeting, thereafter, we start down this list of
10 talking to Finance in March, and then we start with
11 Police, Fire, Liquor, and Merit Appeals Board and right
12 on down the list. And we will have done an in-depth
13 review when we do that, understanding what each
14 position does, how each commission approaches what they
15 do, and then we can make our decision based on that. I
16 mean, we understand, then, at least what they're doing.
17 And then, the other thing is that even though
18 we're not required to, we all seem to be in agreement,
19 or at least following -- we want to know where the
20 finances are. And so, until we understand where the
21 finances are and we understand what each position does,
22 the Chair doesn't think we ought to be considering
23 raises until we're there.
24 MR. FRATINARDO: I'm in agreement with that.
25 CHAIR: All right? Any other things on that?
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1 If not, remember the next thing on our agenda is
2 the plan that Bill gave us, the HR Department worked up
3 for us, proposed raises; and I would suggest that, as we
4 did last time, that we table that until we've gone through
5 the process we were just talking about (SEE ATT. C).
6 MR. PAVAO: I agree.
7 MR. HIGGINS: Uh-huh.
8 CHAIR: Everybody okay with that?
9 MR. HIGGINS: Yeah. Agreed.
10 CHAIR: All right. If that's all, then let's
11 move on to item
12 (Off-the-record discussion.)
13 CHAIR: Okay. So it's suggested that we get
14 a motion on what I just said, to table this until we
15 we've gone through our plan process.
16 MS. SELF: Table this, right?
17 CHAIR: Yeah.
18 MS. SELF: The suggested salary increases
19 for --
20 CHAIR: Suggested salary increases in item 6.
21 MR. PAVAO: So moved.
22 CHAIR: Do I have a second?
23 MR. FRATINARDO: Second.
24 CHAIR: And so the motion, then, is to table
25 the suggested salary adjustments until we've gone
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1 through a review process according to our plan, which
2 includes talking with the Finance folks and hearing
3 from the other commissions and boards.
4 It was moved and seconded. Other discussion?
5 All in favor?
6 (All members responded affirmatively.)
7 CHAIR: Opposed?
8 Carried.
9 Thanks, Glynis.
10 All right. Then the next thing on our agenda
11 is to talk about the rules (SEE ATTS. D AND E). And Amy
12 has done a fantastic job of going through the whole set
13 of rules bringing them up to date with the current laws,
14 as is necessary because they were really very out of
15 date. And then, she added the process that was approved
16 by the voters, which we're obliged to follow. And
17 the part that says we're going to conduct our process as
18 via the plan, was approved by this group, and as amended.
19 So, I open the floor to Amy to start the
20 discussion.
21 MS. SELF: So, I guess the most critical one
22 for you guys to look at -- because I've gone through
23 and made sure it's in compliance with Chapters 91 and
24 92 of the HRS. But, if you look, I added a new chapter,
25 Chapter 204, which is at the very end. Because
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1 originally, there was only Chapter 200, 201, 202, 203,
2 and now I've added Chapter 204.
3 So the purpose of this was twofold: It's to
4 include what was required or what is now required from
5 the charter concerning what your duties are, which is
6 to review and compensate all County elected officials
7 and board of directors and deputy directors, so that
8 their total salaries and benefits have a reasonable
9 relationship to compensation in the public and private
10 sectors.
11 So, what I added to that -- that's straight
12 from the charter. So what I added was "All salary
13 adjustment proposals shall be determined in accordance
14 with a plan adopted by the Commission, as amended, which
15 shall include at a minimum" -- and this part is also in
16 the charter -- "consultation with those boards and
17 commissions that have appointing authority for
18 department heads."
19 So, that's also included in your plan, to
20 consult with these people. And so, I added that and
21 mentioned the plan -- that you are going to do it in
22 accordance to a plan.
23 So, this plan that you adopted last time, you
24 can amend it whenever you want, but you still have a
25 plan that you follow during your review of salary, or
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1 making salary adjustments. So, that's now going to be
2 part of your rules. It's part of your procedure to
3 follow a plan that is amended from time to time.
4 The other thing I added in the same chapter
5 is everything that was added to the charter as a result
6 of the charter amendment that passed this past election
7 year -- this past November of 2018. And so, that is the
8 public notice that's required now; so at least 30 days
9 prior to the Commission's approval of any of its salary
10 adjustment proposals, the Commission shall," and then
11 you have a, b, c -- the things that that amendment
12 actually requires you to do.
13 And then, the next one is the public hearing
14 that's required per the charter, and then the next one
15 also is directly from that charter amendment.
16 CHAIR: All right.
17 MR. PAVAO: Good job.
18 MR. HIGGINS: Uh-huh.
19 CHAIR: Discussion?
20 I've managed to read this a few times, as I'm
21 sure some of you have as well. And so, I really do like
22 what Amy did to get us up to speed. We're bound by
23 what was required by the charter amendment in the last
24 election. The only thing we really added to that was
25 to say that we're going to have a plan to carry out our
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1 process, which we do have. The rest of what was
2 changed in there was mostly to get us up to speed with
3 what's required by just all the laws that have passed
4 since the last time they were updated.
5 MS. SELF: In 2000.
6 MR. PAVAO: Wow.
7 CHAIR: Yeah.
8 MS. SELF: Almost 20 years ago.
9 CHAIR: Right. So it's probably about time
10 that we updated them.
11 So, any other comments/questions?
12 MR. HIGGINS: I have. I don't know if this
13 is appropriate, but what triggers this question that I
14 have, 204-1, which seems like really is our backbone of
15 the Salary Commission, in that the director -- so that
16 total salaries and benefits have a reasonable
17 relationship to compensation in the public and private
18 sectors.
19 The question is, if you look back on the
20 proposed -- we covered earlier, proposed schedule,
21 there's really no mention whatsoever of the private
22 sector. Now, we're going to be attending some public
23 hearings, and somebody in my district comes up and
24 says, "Well, Mr. Higgins, what did you guys do to
25 compare versus the private sector?" And, right now, my
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14 plan.
15 CHAIR: That doesn't affect the rules, per
16 se, but it does say we ought to go back and look at the
17 plan.
18 MR. HIGGINS: Yeah.
19 MR. PAVAO: Well, fortunately, the plan can
20 be amended, as Amy says.
21 CHAIR: Right.
22 MS. SELF: Uh-huh.
23 CHAIR: We can amend it, like you said,
24 whenever.
25 Thank you. Thanks, Jim. That's good.
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1
answer would be, "Nothing."
And so, I
think we better
2
watch out on this topic.
3
So, on the -- we have no mention on our --
4
CHAIR: Yeah, that's
a good point.
And, you
5
know, what we did last time,
remember,
was HR did come
6
in with comparisons they had
done with
like things
7
around the country, and so at
a minimum,
I think we
8
should ask for that again.
9
MR. HIGGINS: Yeah,
but that's
my point.
10
It's not mentioned --
11
CHAIR: Yeah, you're
right.
It's probably
12
something we need to put in the
plan.
13
MR. HIGGINS: Yeah,
it's got
to be in the
14 plan.
15 CHAIR: That doesn't affect the rules, per
16 se, but it does say we ought to go back and look at the
17 plan.
18 MR. HIGGINS: Yeah.
19 MR. PAVAO: Well, fortunately, the plan can
20 be amended, as Amy says.
21 CHAIR: Right.
22 MS. SELF: Uh-huh.
23 CHAIR: We can amend it, like you said,
24 whenever.
25 Thank you. Thanks, Jim. That's good.
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1 Any other comments on the plan itself?
2 Well, if not, I accept -- go ahead.
3 MS. SELF: Hold on one second.
4 You know, if you look at your plan, it does
5 say, under -- oh, I'm sorry. That's "Presentation
6 includes." I was just looking at No. 2 under that --
7 says "Salary Considerations." And one of them is
8 factors the Salary Commission should consider, any
9 recommendation, merit consideration. I thought maybe
10 it would fit into that, but I think that's what you are
11 going to be focusing on for the presentation from the
12 department heads, right?
13 CHAIR: Yeah. I think we should go back and
14 add a line.
15
MR. FRATINARDO:
I have
another question for
16
Amy. Maybe I missed it.
Is there
anywhere in here
17
that talks about meeting
times?
I would
18
CHAIR: Yes.
your
meetings, but
19
MS. SELF: Yes.
20
MR. FRATINARDO:
Sorry,
I missed it.
21
CHAIR: Right now, it says that we will meet
22
at least annually.
23
MR. FRATINARDO:
So, my
question is I've had a
24
lot
of people
come up
to me
and say,
"Tom,
I work all
25
day
long, and
I would
love
to attend
your
meetings, but
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1 I can't be there at 10:00 in the morning. Is there
2 some way you guys can have a meeting later on in the
3 early evening?" And I've been asked that question
4 many, many times. And I've said, "Hey, well, submit a
5 letter to the Commission, and we'll look at your
6 request"; but, I mean, maybe one of the reasons why no
7 one is showing up at these meetings are because most of
8 the people in the public are working, and they maybe
9 might really like to make a comment in front of this
10 commission, but they can't because they're working.
11 MS. SELF: The problem is with the staffing,
12 because this is administered by the Human Resources
13 Department, and this isn't the only board that they --
14 MR. FRATINARDO: Sure.
15 MS. SELF: -- staff.
16 So, I don't know. Bill could probably speak
17 to that, but there are some -- I know Planning
18 Department has some meetings that occur like at 5:00 in
19 the evening.
20 MR. FRATINARDO: Uh-huh.
21 MS. SELF: They are community development
22 plan action committees. Those meet in the evening.
23 But there aren't -- I think the Game -- what
24 was it, GMAC?
25 MR. FRATINARDO: Yes. Game Commission.
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1 MS. SELF: They meet in the evening.
2 But the problem is with the staffing. They
3 have to pay overtime to the staff; so then you run up
4 the budget, you know. So I think if people understood
5 that their tax money is going to go to pay overtime --
6 but, you know, that's stuff that you can discuss with
7 Bill.
8 MR. FRATINARDO: Sure.
9 CHAIR: And, remember, the council still
10 meets in the daytime.
11 MR. FRATINARDO: Sure.
12 CHAIR: So --
13 MS. SELF: Yeah. And then we wouldn't have
14 Teri.
15 CHAIR: Again --
16 MR. FRATINARDO: It's one of those situations
17 where it's not a perfect world.
18 CHAIR: Yeah.
19 MR. FRATINARDO: But people complain to us
20 about, "Oh, you are giving all of this money away."
21 Take a day off and show up. I don't know. Submit a
22 letter to the Commission.
23 CHAIR: Or submit a letter. A letter is just
24 as valuable as them attending.
25 MR. FRATINARDO: Yeah.
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1 MS. SELF: And I've seen that when there is
2 an issue that is definitely -- that people are
3 interested in, they definitely show up at council. I
4 mean, I've seen this place packed where nobody else can
5 get in; so somehow or another, they are able to adjust
6 their schedules.
7 CHAIR: My bet is on February 4th, you will
8 find this room packed --
9 MR. FRATINARDO: Yeah.
10 MS. SELF: Yeah.
11 CHAIR: -- for the Finance Committee meeting.
12 MR. FRATINARDO: Uh-huh.
13 CHAIR: Well, again, that's certainly
14 something we can look at as we proceed. I don't think
15 it needs to be in our rules, but we can make our own
16 decision about when and what time.
17 MS. SELF: What's in there currently is taken
18 from the charter. The charter says --
19 MR. FRATINARDO: Right.
20 MS. SELF: -- that you will meet at least
21 annually.
22 CHAIR: Anything else?
23 MR. PAVAO: Make a motion to approve the
24 rules.
25 CHAIR: Okay. A second?
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1 MR. HARANO: I second.
2 CHAIR: Made and seconded that we approve the
3 rules as presented by counsel.
4 Any other discussion?
5 Call for the question, then. All in favor,
6 say "Aye."
7 (All members responded affirmatively.)
8 CHAIR: All opposed?
9 Okay. Carried unanimously.
10 MS. SELF: Okay.
11 Glynis, now they have to motion to have a
12 public hearing?
13 See, you need a motion to take this --
14 CHAIR: Right. That's the next one.
15 MS. SELF: Okay.
16 (Off-the-record discussion.)
17 CHAIR: All right. So the next thing we need
18 to do, then, is now that we have approved the rules, we
19 have to have a public hearing. And, at this point, I
20 suggested March the 7th. And we can just make that
21 with all the -- we have to get it published in the
22 papers, and we're actually going to video it so people
23 can be in Kona and/or here. There should be a pink
24 thing in your folder there, your little folder.
25 (Off-the-record discussion.)
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1 CHAIR: Yeah. So what we need, then, is a
2 motion to hold a public hearing with videoconferencing
3 to the Kona Council office on March the 7th.
4 MR. PAVAO: So moved.
5 CHAIR: Okay. Moved.
6 Is there a second?
7 MR. FRATINARDO: Second.
8 CHAIR: Moved and seconded that we conduct a
9 public hearing on March the 7th to go on our
10 just -passed proposed rules.
11 Any other comments or questions?
12 MR. PAVAO: Could you clarify the time and
13 place?
14 MS. SELF: They can do that after the motion?
15 (Off-the-record discussion.)
16 CHAIR: So the time is going to be 10:00 a.m.
17 It will be conducted here in this room, Hilo Council
18 Room, and we'll have public attendance at the video
19 conference at the Kona Council office. It's not a
20 requirement, but it's a good thing to do.
21 So I'm assuming that you're okay with that
22 being part of the motion?
23 MR. PAVAO: Yes.
24 CHAIR: Okay.
25 Second? You're okay with that?
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1 MR. FRATINARDO: Totally.
2 CHAIR: All right. Anything else?
3 Any other questions?
4 All right. If not, then all in favor, say
5 "Aye."
6 (All members responded affirmatively.)
7 CHAIR: All opposed, the same.
8 Carried unanimously.
9 So, the way this will work is that we'll have
10 a public meeting. Typically, Amy tells me those go for
11 about a half hour. And as Chair of the Commission, the
12 way our rules read, I will be the Chair of the hearing.
13 We'll conduct a public hearing to go over the rules.
14 Information will be put out to the public in the news
15 media, in the newspaper, as well as the standard County
16 processes for posting things. And then, after that,
17 we'll go ahead and have our regular meeting, at which
18 time I will have invited Finance to come and talk to us
19 to start our plan process.
20 MS. SELF: So, a regular meeting will start at
21 10:30, then?
22 CHAIR: 10:30 or --
23 MR. PAVAO: Thereabouts.
24 CHAIR: -- thereabouts depending on --
25 MS. YAMADA: To follow. To follow.
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1 CHAIR: To follow, depending on how many show
2 up or what questions we have to deal with.
3 Here's the way the process works. It's
4 outlined in our rules, but when we go through the
5 hearing, we listen. If there's something that we need
6 to consider and/or change, we could actually do that at
7 our next meeting following. If there are no changes,
8 then we're done.
9 MS. SELF: Yes. If there's nothing that you
10 want to add or change, then you can adopt them at the
11 end of the public hearing. So, if you are not going to
12 adopt them at the public hearing, then you will have to
13 announce to the public when you will be adopting them,
14 so...
15 CHAIR: Yeah, and my understanding is that
16 could be at our next meeting --
17 MS. SELF: Yes.
18 CHAIR: -- carried thereafter.
19 MS. SELF: Yes, as long as you announce that.
20 Right.
21 CHAIR: We announce it and then we discuss
22 whatever changes were discussed or people asked us to
23 consider.
24 MS. SELF: Right.
25 MR. PAVAO: Amy, we don't adopt it at the
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1 public hearing; we adopt it at the meeting that follows
2 the public hearing, right?
3 MS. SELF: No, you would do it at the public
4 hearing.
5 MR. PAVAO: At the public hearing?
6 MS. SELF: Yes.
7 Right?
8 (Off-the-record discussion.)
9 MR. PAVAO: It's at the meeting after.
10 MS. SELF: I stand corrected.
11 So, you close the public hearing and then --
12 CHAIR: Then we consider them for adoption.
13 MS. SELF: Yes, at your meeting.
14 CHAIR: At our meeting.
15 Thanks, both of you.
16 All right. Everybody okay with that?
17 MR. FRATINARDO: Absolutely.
18 CHAIR: Are you all amenable to going back
19 and opening our agenda to add to the plan the statement
20 that Mr. Higgins talked about earlier (SEE ATT. B)?
21 MR. FRATINARDO: I would like to make a
22 motion to reopen that suggestion that Jim Higgins made
23 for private sector --
24 MR. HIGGINS: Analysis.
25 MR. FRATINARDO: -- private sector analysis
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1 to be included in this plan.
2 MR. HIGGINS: And, you know, I don't want to
3 make a big mountain out of a molehill, but in that
4 analysis, it probably should come from a private sector
5 source as well as a governmental source. In other
6 words, I don't know if this is the answer, but the
7 chamber of commerce or a bar association for attorneys
8 fees or -- I don't know, but it might make the process
9 look more legitimate if we actually had somebody from
10 the private sector talking about the private sector.
11 All we've had is government talking about the private
12 sector.
13 CHAIR: Before we get into a discussion, we
14 had a motion to
15 MR. HIGGINS: Oh, sorry.
16 CHAIR: -- that we can go back -- do we have
17 a second for that?
18 MS. SELF: Who was the second?
19 MR. FRATINARDO: No one.
20 MR. HIGGINS: I'll second it.
21 CHAIR: Okay.
22 Any other discussion?
23 All in favor, then, of going back and
24 considering an addition to the plan?
25 MR. FRATINARDO: So, the discussion would
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1 be -- a question would be so we'll decide at some point
2 what entity we are to include in the plan? Or we will
3 decide which sort of entity --
4 CHAIR: Well, what I think we'll put in the
5 plan is what I heard earlier in our discussions, was
6 that we'll consider, as required by our rules, to look
7 at the public sector.
8 MS. SELF: Right now, you have a motion --
9 MR. HIGGINS: Private sector.
10 MS. SELF: Right now, you have a motion on
11 the table, so you need to vote on that and then go into
12 discussion.
13 MR. FRATINARDO: Oh, sorry.
14 MS. SELF: The whole purpose of a motion was
15 to open this up for discussion.
16 MR. FRATINARDO: Okay, sorry.
17 CHAIR: Moved and seconded that we go back
18 and discuss any additions to the plan.
19 All in favor?
20 (All members responded affirmatively.)
21 CHAIR: Opposed?
22 Unanimously carried.
23 Now we can have discussion about adding
24 something from the private sector.
25 So, Mr. Higgins, you want to try this again?
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1 MR. HIGGINS: All over again? Okay.
2 I think that to make the whole process look
3 more legitimate is that we back up one of the
4 cornerstones of 204-1, which is a comparison to the
5 private sector as well as the public sector. And as
6 part of that we, actually, in our proposed plan here,
7 have an entry that includes an analysis of the private
8 sector. And then, if we wanted to later on, talk about
9 what representation we might have from the private
10 sector, we could do that later on but --
11 CHAIR: Yeah.
12 MR. HIGGINS: -- right now --
13 CHAIR: Just putting the statement in there
14 that
15 MR. HIGGINS: I mean, there's too many sharp
16 people. We're going to start having public hearings.
17 Somebody is going to say, "Hey, what are you guys doing
18 about the private sector?" So we got to at least have
19 it in our documentation.
20 CHAIR: All right.
21 MR. PAVAO: Would it be appropriate on the
22 plan under "Presentation," under the "Salary
23 Considerations," to add an item f, "Comparison with
24 private sector," just real simple? Just "Comparison
25 with the private sector"?
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1 MR. HIGGINS: Or make it -- pardon me. Or
2 make it No. 3. Put "Private" -- "Private sector
3 analysis."
4 MR. PAVAO: Yeah.
5 MR. HIGGINS: We could always add a, b, and c
6 down below that later on.
7 MR. PAVAO: We can do that, too. It's
8 probably a better idea.
9 CHAIR: How do you all feel about that?
10 MR. FRATINARDO: Yeah.
11 CHAIR: Want to make a motion to that effect?
12 MR. HIGGINS: Okay. I make a motion that we
13 add, under the "Presentation Includes," item No. 3,
14 that is entitled "Private sector analysis."
15 MR. FRATINARDO: Amy, we're in a discussion.
16 We can't have two motions at the same time, can we?
17 We're in discussion of one motion?
18 CHAIR: No, we don't have a motion.
19 MR. FRATINARDO: Okay.
20 MS. SELF: The motion you made just brought
21 you back on the agenda you're reopening.
22 MR. FRATINARDO: But we're in discussion.
23 That's my question.
24 CHAIR: No.
25 MS. SELF: Right. But he can make a motion
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1 to
2
MR.
FRATINARDO:
Right.
3
MS.
SELF: Because,
right now, you're trying
4
to --
5
MR.
FRATINARDO:
My only question was can we
6
have two motions?
Because
we have the motion with the
7
discussion.
8
CHAIR: We got a
motion to open this up for
9
discussion.
10
MR.
FRATINARDO:
Yes. So, we're discussing
11
it.
12
MR.
PAVAO: No.
13
MR.
FRATINARDO:
We're closed.
14
MS.
YAMADA: The
motion passed with six
15
votes.
16
MR.
FRATINARDO:
My bust. My bust. My bust.
17
Yeah.
18
MR.
PAVAO: Just
made a motion.
19
MR.
FRATINARDO:
Yes. One of those days.
20
One of those
days for me.
Sorry.
21
CHAIR: You want
to try to do that again?
22
MS.
SELF: And can
I suggest that part of
23
your motion is
that it's under
the -- which section
24
it's under?
25
MR.
HIGGINS: I
did say that.
ISLAND COURT REPORTING & TRANSCRIPTION SERVICES
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Page 46
1 MS. SELF: Okay, sorry.
2 MR. HIGGINS: Okay. I would like to propose
3 that under "Presentation Includes" section, we add item
4 No. 3, which is entitled "Private sector analysis."
5 MR. PAVAO: I second that motion.
6 CHAIR: Okay. It's open for discussion.
7 MR. FRATINARDO: Sorry.
8 CHAIR: Any discussion on that subject?
9 Hearing none, call for the question/vote.
10 All in favor, "Aye."
11 (All members responded affirmatively.)
12 CHAIR: All opposed?
13 Carried unanimously again.
14 Thanks, Jim. That was a good catch, one we
15 should have caught before. We'll blame it on the last
16 chair.
17 MR. PAVAO: No, wait until he's here before
18 you blame him.
19 CHAIR: All right. So, the next section is to
20 add any items for placement on the next agenda.
21 And we already have our plan, and the first
22 thing on that agenda -- well, we'll need to take any
23 required action on the results from the hearing. We'll
24 be hearing from Finance.
25 Are there other things that you all would
ISLAND COURT REPORTING & TRANSCRIPTION SERVICES
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Page 47
1 want to add to the agenda next time?
2 MR. PAVAO: Am I to understand that the next
3 meeting will be in March?
4 CHAIR: March the 7th.
5 MR. PAVAO: So, there's no meeting for
6 February?
7 CHAIR: No meeting for February.
8 MR. PAVAO: Okay.
9 CHAIR: Unless you all want to have one.
10 Okay. And whatever else comes up in the
11 meantime, huh?
12 MR. HIGGINS: Yeah.
13 CHAIR: I think if we have a detailed
14 discussion with Finance, it's probably enough without
15 adding --
16 MR. HIGGINS: Yeah.
17 CHAIR: -- discussion from any of other
18 commissions --
19 MR. PAVAO: Yeah.
20 CHAIR: -- at this point.
21 MR. PAVAO: Yeah.
22 MS. SELF: You know, just an idea, that
23 Finance Department may be able to provide you with
24 information from the private sector.
25 MR. HIGGINS: Yeah. Well --
ISLAND COURT REPORTING & TRANSCRIPTION SERVICES
(808) 933-9800
1 MS. SELF: Just a thought.
2 MR. HIGGINS: -- the point is in addition.
3 That's government.
4 CHAIR: Right.
5 MR. FRATINARDO: It needs to be independent.
6 MR. HIGGINS: Well, both.
7 CHAIR: Yeah. And they can do that, but I
8 like your idea still; we should go outside and look.
9 All right. So our next meeting is March the
10 7th.
11 The one thing I forgot to say earlier was
12 that Dr. Dow submitted his request to be considered for
13 appointment again, was appointed by the mayor, approved
14 by the Finance Committee, and approved yesterday by the
15 Council, so he's stuck with us for another five years.
16 MS. SELF: Yay.
17 CHAIR: Congratulations.
18 MR. DOW: Thank you.
19 CHAIR: I'm glad you're signed up again.
20 MR. DOW: Thank you.
21 MS. SELF: And he did a great job. I don't
22 know if anybody tuned in, but you did an awesome job in
23 front of Council --
24 CHAIR: Yeah.
25 MS. SELF: -- when you spoke to them.
ISLAND COURT REPORTING & TRANSCRIPTION SERVICES
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Page 49
1 CHAIR: It was a good education for the
2 Council. I appreciate your doing that.
3 Anything else?
4 MR. FRATINARDO: Voted in on the 4th, in
5 February.
6 CHAIR: Don't know that for sure.
7 MR. FRATINARDO: Yeah, it's for sure. I was
8 told by Rose Bautista that it's happening on the 4th.
9 CHAIR: So, District 9, we should be getting a
10 new person -- or at least to be voted on. She will be
11 voted on -- or come before the Finance Council on the
12 9th.
13 MR. FRATINARDO: District 3 --
14 CHAIR: 4th. Pardon me.
15 MR. FRATINARDO: And they're not sure what's
16 happening -- I talked to Janice from the mayor's
17 office. They're still not sure about what's happening
18 with the District 3 appointments. There's names
19 submitted, but they aren't acting on them right now.
20 CHAIR: All right. So we may be up to staff
21 before too long.
22 MR. FRATINARDO: And sorry about my goofy
23 brain today. Sometimes it misfires. I was naming "Jim"
24 "Bill" and couldn't get Milton's name out. I got 50
25 things happening right now.
ISLAND COURT REPORTING & TRANSCRIPTION SERVICES
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1 CHAIR: All right. So the meeting is
2 adjourned.
3 (The meeting adjourned at 11:03 a.m.)
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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Page 51
1 STATE OF HAWAII
2
ss -
3
COUNTY OF
HAWAII
4
5
I,
TERI HOSKINS, a certified
court
6
reporter
in the State of Hawaii, do
hereby certify
7
that the
foregoing pages are a true
and correct
8
transcription
of the proceedings in
the above matter.
9
10 Dated this 1st day of February, 2019.
11
12
13 4 eri Hosk' RMR, CSR No. 452
14
15
16
17
18
19
20
21
22
23
24
25
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 January 24, 2019.
Glynis Yamada, Secretary, Salary Commission, had incorporated some minor
formatting/housekeeping revisions throughout the transcript.
Respectfully Submitted,
Vitt %)
Glynis Yamada, Secretary
APPROVED:
g4--t-'
12)
George W. Campbell, Chair
Salary Commission
PUBLIC STATEMENT REGISTRATION FORM
SALARY COMMISSION
COUNTY OF HAWAII
HILO,HAWAII
Date: = G! - ` � (Please print clearly) Support
Oppose
Comment
Please list the item(s) yourr will be speaking on:
Communication No. I OR
Subject/Topic: +4vvV:
H COUNT Y c HAWAII -.;11 *." it' William V.Bri(liante,Jr.
Mayor ° Duraa of 9luman Qisourus
HUM
( ' . . r *: Malt M.Yokayama
7018 APR 18 PH 2: 16 Deputy Dinrtar ofHuman Resamus
:9.4os'Nh,,.t!
County of Hawaii
Department of Human Resources
Aipuni Center:101 Pauahi Street,Suite 2.Hifo,Hawai'i 96720*(808)961-8361.Fax(808)961-8617
website:fattp://ftaw aiicoeattty.cJ rfftiuttan-resources a-rnai1)abs@hawaiicMunty,9 v
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-11: 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. A
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)
BU 01,61 1November .,2017 _...,...,_»-_. �$10001ump sum payment_ ___.._._._.�
ent for employees who where employed as of October 31,2017, 1
'prorated for employees who are less than full-time
dune 1,2018 13.2%ATB Increase
November 1,2018 1$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
July 1 2019 °2.0%ATB Increase
July 1,2020 l2.0%ATB Increase
BU 02,82 Julµ.
y ,2017 2%ATB Increase
_ _ 8 4.2%ATB Increase
�Janua 1 201 _ _
July 1,2017-June 30,2018 Step movements on the first day of the payperioded --_.l- ___.-.t�_.mp_
immediately following the completion
! of the required years of continuous creditable service
'July 1 2018 2.25%ATB Increase
January 1,2019 1.2%ATB Increase 3
'July 1,2018-June 30,2019 Step movements on the first day of the pay period immediately following the completion
of the required years of continuous creditable service
BU 03,63 duly 1,2017 2%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 1.5%ATB Increase
July 1,2018 2.25%ATB Increase I
$150 lumpsum payment for employees e ed.
p ywho 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 1
BU 04 84 'July 1,2017 1_2%ATB Increase
$150 lump sum payment for employees who were employed as of June 30,2017,pro-rated 3
E for employees who are less than full-time 1
;January 1,2018 1.5%ATB Increase i
`July 1,2018 2.25%ATB Increase
j $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
1.25%ATB Increase ._.
BU 11,91 1July 1,2017 2%ATB Increase
;July 1,2017-June 30,2018 ;Catch up/Service step movment on service anniversary date
July 1,2018 y2.25%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 July 1,2017 2%ATB Increase
July 1,2017 June 30,2018 Catch up/Service step movement on PSA date
!July 1,2018 2.25%ATB Increase
July 1,2018 lune 30,2019 Catch up/Service step movement on PSA date
July 1 2019 2%ATB Increase
es from P07 to P015 slall receive a one-time lump
July 1,2019 Employees on salary ranges
.....ems._._ .....
sum bonus as
1 follows:
I Step A $1,800
E Step B $1,825
1 Step C $1,850
Step 0 $1,875
Step L-1 $1,900
I
"Step L-2 $1,925
'Step L-3 $1,950
!Step L-4 $1,975
'Step L-5 $2,000
IJuly 1 2019 June 30,2020 Catch up/Service step movement on PSA date
/July 1,2020 92%ATB Increase
July 1,2020 Employees on salary ranges from P07 to P015 slall receive a one-time lump sum bonus as
follows:
1StepA $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
ii July 1,2020 June 30,2021 !Catch up/Service step movement on PSA date
BU 13,73 July 1,2017 2%ATB Increase
July 1,2017 June 30,2018 Step Movements on step movement date
July 1 2018 '2.25%ATB Increase
[July 1,2018 June 30,2019 1Step Movements on step movement date
PAY INCREASES 03/02/18
JULY 1,2017-JUNE 30,2019
JULY 1,2017-JUNE 30, 2021(BUO1/BU12)
BU 31 July 1,2017 2%ATB Increase _
$150 lump sum payment for employees who were employed as of June 30,2017,pro rated s'
for employees who are less than full-time
January 1,2018 1.5%ATB Increase
July 1,2018 2.25%ATB Increase
$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 1125%ATB Increase
BU 34 1July 1 2017 2%ATB Increase ,evit ..____.__ ._v. ,..__
yWIRP date
Juyi 2017 June 30,2018 g ypayon
IJuI 1,2018 2.25%ATB Increase I
E.,4_
? July 1 2018 June 30,2019 -WIRP/Lovngevrty pay on WIRP date
BU 35 July 1 2017 2%ATB Increase
July 1,2017 June 30,2018 WIRP increase on WIRP date
.July 1 2018 '2 25%ATB Increase
July 1,2018 June 30,2019 EWIRP increase on WIRP date
BU 36 1July 1 2017 i2%
ATB Increase
;July 1,2017-June 30,2018 WIRP/Lovngevrty pay on WIRP date
July 1,2018 ;2.25%ATB Increase
July 1,2018 June 30,2019WIRP/Lovngevrty pay on WIRP date
July 1,2019 2%ATB Increase
;July 1,2019 >Employees 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/Lovngevrty pay on WIRP date
PLAN: PROPOSED SALARY ADJUSTMENTS EFFECTIVE JULY 1, 2019
OBJECTIVE: To secure the best available information toward considering and deciding on the next
possible future Salary adjustment, which could become effective on July 1, 2019?
FUTURE SALARY ADJUSTMENTS: Could be increases, decreases or no change.
PROPOSED PLAN:
1. Invite and consult with Finance Director in March 2019, Administration, County Council, and
Commissions to present and discuss these future pay adjustments.
2. Use the input and available information to review the proposal prepared by the Department of
Human Resources to evaluated pay adjustments.
3. Adopt Action Plan to be completed no later than January 1, 2020.
PRESENTATION INCLUDES: (20 Minutes)
1. For each Department or Major Unit:
a. Primary Duties and Responsibilities.
b. Size of Staff and Organization
c. Operating Budget and Funding
d. Major Challenges
e. Overtime Requirements
f. Pre-requisite requirement for those positions.
2. Salary Considerations:
a. Factors the Salary Commission should consider
b. Any recommendation?
c. Merit considered?
d. Productivity—Goals and Objectives
e. Ability of the Department to Pay?
PROPOSED SCHEDULE:
• Police, Fire, Liquor
• Merit Appeals Board, Prosecuting Attorney, County Council
• Mayor's Office on: Finance, Planning, Research & Development, Information Technology
• Mayor's Office on: Housing, Public Works, Environmental Management, Managing Director,
Deputy Managing Director, Corporation Counsel
• Decision Making
• Dates to be determined at a future Salary Commission meeting.
ATT. B
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RAMSEYER
SALARY COMMISSION
COUNTY OF HAWAII
TITLE III-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
TABLE OF CONTENTS
Chapter 200 GENERAL APPLICABILITY PAGE NO.
§200-1 Authority 200-1
§200-2 Construction of rules 200-1
§200-3 Procedure and terms 200-1
§200-4 Definitions 200-[1] 2
§200-5 The Commission 200-[2] 3
§200-6 Delegation of administrative duties 200-[4] 6
§200-7 Public records 200-[5] 7
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] 3
§201-5 Retention of documents 201-[2] 3
§201-6 Commission decision 201-[2] 3
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] 3
§202-4 Commission action 202-[3] 4
§202-5 Emergency rule making 202-[3] 4
§202-6 Filing of rules 202-[3] 4
§202-7 Taking effect of rules 202-[3] 4
§202-8 Publication of rules 202-[3] 4
ATT. D
Chapter 203 RULES APPLICABLE TO DECLARATORY RULINGS PAGE NO.
§203-1 Petitions for declaratory rulings 203-1
§203-2 Request for hearing 203-[1] 2
§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
Chapter 204 RULES APPLICABLE TO SALARY ADJUSTMENTS PAGE NO.
§204-1 Procedure for Salary Adjustment Proposals 204-1
§204-2 Notice to Public 204-1
§204-3 Public Hearing 204-1
X204 4 Adoption of Salary Adjustment Proposals 204-1
SALARY COMMISSION
TITLE III-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 200
GENERAL APPLICABILITY
§200-1 Authority
§200-2 Construction of rules
§200-3 Procedure and terms
§200-4 Definitions
§200-5 The Commission
§200-6 Delegation of administrative duties
§200-7 Public records
§200-1 Authority. These rules govern practice and procedure before the Salary
Commission of the County of Hawaii under the County Charter(as amended),
and Hawaii Revised Statutes,Chapters 91 and 92 (as amended). [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]
200-1
§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) Charter. The term "Charter" means the Charter of the County of Hawai'i las
amended).
(ed) Commission. The term "Commission" means the Hawai'i County Salary
Commission.
(de) Council. The term "Council" means the County Council of the County of
Hawai'i.
(ef) Hearing. The term "Hearing" means any proceeding governed by the
Commission.
(ci) HRS. Refers to the Hawai'i Revised Statutes las amended).
(#h) 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
decision upon a matter over which the Commission has supervision, control,
jurisdiction, or advisory power.
(gi) 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.
I (#j) Person. The term "Person" includes individuals, partnerships, corporations,
associations,or public or private organizations of any character other than
governmental agencies.
(1k) Presiding officer. The term "Presiding officer," with respect to proceedings,
means the Chairperson, and includes any member of the Commission
designated as such,or such other persons authorized by law to conduct
hearings.
I (jl) 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
I repeal of any rule or regulation of the AgencyCommission,whether initiated by
Commission order or notice, or by petition of an interested person. [Eff. 10-20-02]
200-2
§200-5 The Commission.
(a) Office. The office of the Commission is located in the County's Department
of Human Resources in a4-Hilo, Hawaii. All communications to the Commission
shall be addressed to the Hawaii County Salary Commission,c/o The Director of
Pcrsonnc4Human Resources,County of Hawaii,Aupuni Center, 101 Pauahi
Street,Suite 2, Hilo, Hawaii 96720, unless otherwise specifically directed.
(b) Election of Officers. The Commission shall elect a chairperson and a vice
chairperson from its membership annually. The chairperson shall be the presiding
officer of the Commission. The vice chairperson shall serve as the presiding
officer during the temporary absence, illness, or disqualification of the
chairperson. In the absence of the chairperson and the vice chairperson, the
Commission shall elect a chairperson oro tempore,who shall preside at the
meeting.
(b) Meetings. The Commission shall meet in the Councillfeem Chambers, Hawaii (Formatted:Strikethrough
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; provided the affirmative vote
constitutes or by a majority of the members to which the Commission is
entitled,whichever is grcatcr. 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 on questions and
issues pertaining to the Commission's powers, duties,privileges,
immunities,and liabilities;
(B) For any other specific purpose hereafter authorized by
lewpermitted under HRS§ 92-5 (as amended).
(3) Chance meetings. The rules governing meetings shall not apply to
any chance meeting, as defined by Hawai'i Revised Statutes,under HRS
Section
1.92-2,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 246-
€44:1-€1-4th
and 4t Wednesdays of each month, unless otherwise specifiedThe
Commission shall meet at least annually,pursuant to the Hawaii County
Charter.
(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 twcnty four hours prior to the meetings and notice is provided in
accordance with HRS § 92-7 (as amended).
200-3
(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 200-5b(7), the Commission may hold an emergency
meeting, provided that:
(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 the findings are correct and an emergency exists;
(C) an emergency agenda and the findings are electronically
posted pursuant to Rule 200-5(b)(7);provided that the six calendar
day requirement for filing and electronic posting shall not
applyfiled with the Office of tho County Clerk and in the
Commission's office;and
(D) persons requesting notification on a regular basis are
contacted by postal or electronic pursuant to Rule 200 5b(7) arc
contacted by mail or telephone as soon as practicable.
(7) Notice.
(A) The Commission shall give written public notice eF-of any
regular,special,emergency, or rescheduled meeting,or any
executive meeting when anticipated in advance. The notice shall
include an agenda which that lists all of the items to be considered
at the forthcoming meeting,the date,time, and place of the
meeting, and in the case of an executive meeting,the purpose
shall be stated.
(B) The Commission shall post a copy of the notice on the County's
website and in the Commission's office for public inspection no less
than six calendar days prior to the meeting.file- A copy of the
notice in-shall also be provided to the Office of the County Clerk
and in the Commission's office at the time the notice is postedfeF
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 postal or
electronic mail addresses of persons who request notification of
meetings and shall mail or electronically mail a copy of the notice
to such persons by the means chosen by such persons at their last
recorded postal or electronic mail address no later than the time
the agenda is required to be electronically posted filed under
subsection (14B).
(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.
200-4
(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 item
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.
(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,or 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 made available to the public by posting on the
Department of Human Resources' website within*hi ty-forty days after the
meeting except where such disclosure would be inconsistent with Hawai'i
Revised Statutes,ScctionHRS§.92-5, or Section 13 20, Hawaii County
Charter§ 13-20;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. A written summary shall
accompany any minutes that are posted in a digital or analog recording
format and shall include:
(a) The date,time, and place of the meetinqi
(b) The members of the Commission recorded as either present or absent,
and the times when individual members entered or left the meeting;
(c) A record, by individual member, of motions and votes made by the
Commission;and
(d) A time stamp or other reference indicating when in the recording the
Commission began discussion of each agenda item and when motions
and votes were made by the Commission.
200-5
(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 regulationsits duties
under the Hawai'i County Charter las amended).
(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 hearings 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,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]
200-6
§200-7 Public Records.
(a) Filcs of the Commission Records. Commission records that are "government
records," as defined in HRS chapter 92F ("Uniform Information Practices Act"), as
amended,shall be disclosed according to the provisions of that chapter. All
such records will be available for inspection in the office of the Commission
during County business hours from 7:45 a.m.to 4:30 p.m.The term "Public
Records" as used in this part is defined as in Hawai'i Revised Statutes,Section 92
50,and shall include all rules,regulations,written statements of policy or
interpretations formulated,adopted,or used by the Commission,all complaints,
opinions and orders,written testimony,minutes of meetings of the Commission,
and any other material on file in the office of the Commission unless accorded
confidential treatment pursuant to law or the rules of the Commission.
(b) Inspection of public records. All public records will be available for
inspection in the office of the Commission, Hilo, Hawai'i, during established office
hours unless public inspection of such records is in violation of any State or
Federal law;provided that, except where such records arc open under any rule
of the 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.
(eb) 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 by lawCounty pursuant to 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 tho Commission will not bo roloasod without the
approval of the Chairperson or his delegate.
(c) 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 whoroin the public record is found for an ordor pormitting the
right to public information,to inspect public records, or to copies of public
records. [Eff. 10 20 02]
200-7
SALARY COMMISSION
TITLE III-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 201
PROCEEDINGS BEFORE THE AGENCY
§201-1 General
§201-2 Appearances and practices before the agency
§201-3 Disqualification of Commission member or hearing officer
§201-4 Consolidation
§201-5 Retention of documents
§201-6 Commission decision
§201-1 General. The Commission may, on its own motion or upon the petition of
any interested person or agency of the Federal,State,or County government,
hold such proceedings as it may deem necessary in the performance of its
duties or the formulation of its rules and regulations. Procedures to be followed
by the Commission shall, unless specifically prescribed in these Rules or by the
Hawai'i Administrative Procedure Act or by any other statute,be such as in the
opinion of the Commission will best serve the purpose of such proceeding.
[Eff. 10-20-02]
§201-2 Appearances and practices before the agency.
(a) Representation. In any proceeding under these rules, any party may be
represented by counsel or any other person to whom the party has given written
or verbal authority.
(b) Validation of authority. When an individual acting in a representative
capacity appears in person or signs a paper in practice before the Commission,
that person's personal appearance or signature shall constitute a representation
to the Commission that, under the provisions of these rules and the law,the
person is authorized and qualified to represent the particular person on whose
behalf the representative acts. The Commission may at any time require any
person transacting business with the Commission in a representative capacity to
show that person's-authority and qualification to act in such a capacity.
201-1
(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).
(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]
201-2
§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]
201-3
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 procedures.
(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 requesting the adoption, amendment, or repeal of any rule
of the Commission. Such Petitions petitions fe-r-F4lem-ekingshall be filed with the Formatted:Font:Century Gothic
Commission will become matters of public record.
Formatted:List Paragraph,Numbered+
Level:1+Numbering Style:1,2,3,...+Start
(1) A{1}Form and content. Petition for rulemaking shall contain the at:1+Alignment:Left+Aligned at: 0.5"+
following information: Indent at: 0.78
[Formatted:Font:Century Gothic
a. pamcNpme,address,and telephone number,if available,and - (Formatted:Indent:Left: 0" j
signatureeof cach the petitioner;the signature of each (Formatted:Font:Century Gothic
petitioner; Formatted:List Paragraph,Numbered+
ba-A draft or the substance of the proposed rule or amendment Level:2+Numbering Style:a,b,c,...+Start
at: 1+Alignment:Left+Aligned at: 1"+
or a designation of the provisions, the repeal of which is desired; Indent at: 1.25"
and
Formatted:Font:Century Gothic
cG-A statement of the petitioner's interest in the subject matter;
(Formatted:Font:Century Gothic
and a statement of the reasons in support of the proposed rule,
amendment, or repeal. (Formatted:Font:Century Gothic
(Formatted:Font:Century Gothic
(2) Commission action. The Commission shall,within thirty days after the Formatted:Font:Century Gothic
filing of a petition for rulemaking,either deny the petition in writing,stating Formatted:Font:Century Gothic
(Formatted:Font:Century Gothic
its reasons for the denial,or initiate public rulemaking
proceduresproceedings in accordance with HRS$ 91-3.
202-1
(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 etshall be considered
denied 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 Commission shall conduct rulemaking proceedings procedures to bo
followed shall be as set forth in Rules 202-3-2 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
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 agonies 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 ruler
regulation shall include:
(1) e-Thestatement of the date,time, and place where the public (Formatted:Not Highlight
hearing will be held and where interested persons may be heard on the
proposed rule adoption,amendment, or repeal;and
(2) A statement of the topic of the proposed rule adoption, amendment,
or repeal or a general description of the subiects involvedreferenco to tho
authority under which the adoption,amendment,or repeal of a rule or
regulation is proposed; and
(3) a statement of the substance of the proposed rule. [Eff. 10 20 02}A
statement that a copy of the proposed rule to be adopted,the proposed
rule amendment, or the rule proposed to be repealed will be mailed to
any interested person who requests a copy,pays the required fees for the
copy and the postagd,if any, together with a description of where and
how the requests may be made;and
(4) A statement of when,where, and during what times the proposed rule
to be adopted,the proposed rule amendment, or the rule proposed to
be repealed may be reviewed in person.
202-2
§202-3 Conduct of hearing.
(a) Presiding officer. The public hearing for the adoption,amendment,or repeal
of rules and regulations shall be heard held 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 timo and place be continued
without notice other than the announcement thereof at the hearing.
(c) (b) 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,oral or written,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 the 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) (c) 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 the presiding officer for good cause. An original and nine
copies are requested when submitting written comments, recommendations, or
replies.
I _{.0-(d) 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]
202-3
§202-4 Commission action. The Commission wil-khall fully consider all relevant
written and oral comments submissions and materials of record before taking
final action in a rulemaking proceeding. The Commission may make its decision
at the public hearing or announce then the date when it intends to make its
decision. Upon adoption, amendment, or repeal of a rule,the Commission,if
requested to do so by an interested person,shall issue a concise statement of
the principal reasons for and against its determination.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 upon 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 HRS§ 91-3(b).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 supplemental as often as necessary and shall be
revised at least once every ten years. [Eff. 10 20 02]
202-4
SALARY COMMISSION
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 annAny interested person eF (Formatted:Not Highlight
agency'nay petition,-the Commission may issuoffor a declaratory order as to the (Formatted:Not Highlight
applicability of anystatutoryprovision,ordinance, or of anyrule or rc ulation or
pp Y g (Formatted:Not Highlight
order of the Commission, Formatted:Highlight
(a) Form and contents. The petition shall contain the name,address,and
telephone number of each petitioner;the signature of each petitioner;a
designation of the specific provision,rule,or order in question, together with a
statement of the controversy or uncertainty involved;a statement of the
petitioner's interest in the 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. 10-20-02j
203-1
§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, Hawaii Revised Statutes,
Section 91-9,shall govern the proceedings. [Eff. 10-20-02]
§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,adversely affect the interests of (Formatted:Not Highlight
... ..............
the,County, the Commissioner any of their officers or employees in any litigation (Formatted:Not Highlight
that is pending or may reasonably be expected to arise;or Formatted:Not Highlight
Formatted:Not Highlight
(d) the matter is not within the jurisdiction of the Commission. [Eff. 10 20 02]
203-2
SALARY COMMISSION
TITLE IV-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 204
RULES APPLICABLE TO SALARY ADJUSTMENTS
iz204-1 Procedure for Salary Adjustment Proposals
204-2 Notice to Public
§204-3 Public Hearing
5204-4 Adoption of Salary Adjustment Proposals
204-1 Procedure for Salary Adjustment Proposals. The Commission shall review • (Formatted:Left
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. All salary
adjustment proposals shall be determined in accordance with a plan adopted
by the Commission (as amended),which shall include,at a minimum,
consultation with those boards and commissions that have appointing authority
for department heads.
§204-2 Notice to Public. At least thirty days prior to the Commission's approval of
any of its salary adjustment proposals,the Commission shall:
lal Publish at least once in at least two daily newspapers of general circulation in 4 (Formatted:Font:Century Gothic
the county a detailed account of its proposal, or proposals,including specific Formatted:List Paragraph,Left,Indent:Left:
increases or decreases in both actual dollar amounts and percentages and a, Numbered+Level:1+Numbering Style:
a,b,c,...+Start at: 1+Alignment:Left+
notification that the report required in subsection (c) below is available for Aligned at: 0.25"+Indent at: 0.5"
public inspection at the offices of the county clerk and the mayor; (Formatted:Font:Century Gothic 3
• (Formatted:Left
(b) Hold at least one public hearing in either east Hawaii or west Hawai'i,
Formatted:List Paragraph,Left,Indent:Left:
provided that any public hearing shall be conducted using video conference 0",Numbered+Level: 1+Numbering Style:
technology to allow for public participation from both east and west Hawai'i; a,b,c,...+Start at: 1+Alignment:Left+
and Aligned at: 0.25"+Indent at: 0.5"
• (Formatted:Font:Century Gothic
lc) Submit copies of a detailed report of the Commission's findings and Formatted:Indent:Left: 0.5", No bullets or
conclusions used to develop its proposal,orproposals,to the office of the
numbering
county clerk and the office of the mayor for public inspection. Formatted:List Paragraph,Left,Indent:Left:
0",Numbered+Level: 1+Numbering Style:
a,b,c,...+Start at: 1+Alignment:Left+
ti204-3 Public Hearing. The public hearing required to be held by the Aligned at: 0.25"+Indent at: 0.5"
Commission on its salary adjustment proposals shall be conducted in (Formatted:Font:Century Gothic
accordance with section 202-3 above., Formatted:Indent:Left: 0.5", No bullets or
numbering
5204-4 Adoption of Salary Adjustment Proposals. Subsequent to the public (Formatted:Left
hearing and submission of the Commission's report to the county clerk and (Formatted:Font:Century Gothic
mayor,the Commission may adopt its salary adjustment proposals at a public
meeting;provided,however,any adiustment 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 Commission.
Formatted:Left
CLEAN
SALARY COMMISSION
COUNTY OF HAWAII
TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
TABLE OF CONTENTS
Chapter 200 GENERAL APPLICABILITY PAGE NO.
§200-1 Authority 200-1
§200-2 Construction of rules 200-1
§200-3 Procedure and terms 200-1
§200-4 Definitions 200-[1] 2
§200-5 The Commission 200-[2] 3
§200-6 Delegation of administrative duties 200-[4] 6
§200-7 Public records 200-[5] 7
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] 3
§201-5 Retention of documents 201-[2] 3
§201-6 Commission decision 201-[2] 3
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] 3
§202-4 Commission action 202-[3] 4
§202-5 Emergency rule making 202-[3] 4
§202-6 Filing of rules 202-[3] 4
§202-7 Taking effect of rules 202-[3] 4
§202-8 Publication of rules 202-[3] 4
ATT. E
Chapter 203 RULES APPLICABLE TO DECLARATORY RULINGS PAGE NO.
§203-1 Petitions for declaratory rulings 203-1
§203-2 Request for hearing 203-[1] 2
§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
Chapter 204 RULES APPLICABLE TO SALARY ADJUSTMENTS PAGE NO.
§204-1 Procedure for Salary Adjustment Proposals 204-1
§204-2 Notice to Public 204-1
§204-3 Public Hearing 204-1
§204-4 Adoption of Salary Adjustment Proposals 204-1
SALARY COMMISSION
TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 200
GENERAL APPLICABILITY
§200-1 Authority
§200-2 Construction of rules
§200-3 Procedure and terms
§200-4 Definitions
§200-5 The Commission
§200-6 Delegation of administrative duties
§200-7 Public records
§200-1 Authority. These rules govern practice and procedure before the Salary
Commission of the County of Hawaii under the County Charter (as amended),
and Hawaii Revised Statutes, Chapters 91 and 92 (as amended). [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 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]
200-1
§200-4 Definitions.
(a) Agency. The term "Agency" means each county board, Commission,
department, or officer, except those in the legislative branch.
(b) Chair. The term "Chair" means the Chair of the Commission.
(c) Charter. The term "Charter" means the Charter of the County of Hawaii (as
amended).
(d) Commission. The term "Commission" means the Hawaii County Salary
Commission.
(e) Council. The term "Council" means the County Council of the County of
Hawaii.
(f) Hearing. The term "Hearing" means any proceeding governed by the
Commission.
(g) HRS. Refers to the Hawai'i Revised Statutes (as amended).
(h) 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
decision upon a matter over which the Commission has supervision, control,
jurisdiction, or advisory power.
(i) 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.
(j) Person. The term "Person" includes individuals, partnerships, corporations,
associations, or public or private organizations of any character other than
governmental agencies.
(k) Presiding officer. The term "Presiding officer," with respect to proceedings,
means the Chairperson, and includes any member of the Commission
designated as such, or such other persons authorized by law to conduct
hearings.
(I) Proceedings. The term "Proceedings" means the Commission's elucidation of
the relevant facts and applicable law, consideration thereof, and action
thereupon with respect to a particular subject within the Commission's
jurisdiction, initiated by a filing or submittal or request or a Commission's notice or
order. It shall include proceedings involving the adoption, amendment, or
repeal of any rule of the Commission, whether initiated by Commission order or
notice, or by petition of an interested person. [Eff. 10-20-02]
200-2
§200-5 The Commission.
(a) Office. The office of the Commission is located in the County's Department
of Human Resources in Hilo, Hawaii. All communications to the Commission shall
be addressed to the Hawaii County Salary Commission, c/o The Director of
Human Resources, County of Hawaii, Aupuni Center, 101 Pauahi Street, Suite 2,
Hilo, Hawaii 96720, unless otherwise specifically directed.
(b) Election of Officers. The Commission shall elect a chairperson and a vice
chairperson from its membership annually. The chairperson shall be the presiding
officer of the Commission. The vice chairperson shall serve as the presiding
officer during the temporary absence, illness, or disqualification of the
chairperson. In the absence of the chairperson and the vice chairperson, the
Commission shall elect a chairperson pro tempore, who shall preside at the
meeting.
(b) Meetings. The Commission shall meet in the Councilroom Chambers, 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; provided the affirmative vote
constitutes a majority of the members to which the Commission is entitled.
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 on questions and
issues pertaining to the Commission's powers, duties, privileges,
immunities, and liabilities;
(B) For any other specific purpose permitted under HRS § 92-5 (as
amended).
(3) Chance meetings. The rules governing meetings shall not apply to
any chance meeting, as defined under HRS§ 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. The Commission shall meet at least annually,
pursuant to the Hawaii County Charter.
(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 and notice is provided in accordance with
HRS § 92-7 (as amended).
200-3
(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 200-5b(7), the Commission may hold an emergency
meeting, provided that:
(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 the findings are correct and an emergency exists;
(C) an emergency agenda and the findings are electronically
posted pursuant to Rule 200-5(b)(7); provided that the six calendar
day requirement for filing and electronic posting shall not apply;
and
(D) persons requesting notification on a regular basis are
contacted by postal or electronic mail or telephone as soon as
practicable.
(7) Notice.
(A) The Commission shall give written public notice of any regular,
special, emergency, or rescheduled meeting, or any executive
meeting when anticipated in advance. The notice shall include an
agenda that lists all of the items to be considered at the
forthcoming meeting, the date, time, and place of the meeting,
and in the case of an executive meeting, the purpose shall be
stated.
(B) The Commission shall post a copy of the notice on the County's
website and in the Commission's office for public inspection no less
than six calendar days prior to the meeting. A copy of the notice
shall also be provided to the Office of the County Clerk at the time
the notice is posted. 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 postal or
electronic mail addresses of persons who request notification of
meetings and shall mail or electronically mail a copy of the notice
to such persons by the means chosen by such persons at their last
recorded postal or electronic mail address no later than the time
the agenda is required to be electronically posted 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.
200-4
(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 item
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.
(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, or 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 made
available to the public by posting on the Department of Human
Resources' website within forty days after the meeting except where such
disclosure would be inconsistent with HRS § 92-5, or Hawaii County
Charter § 13-20; 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. A written summary shall
accompany any minutes that are posted in a digital or analog recording
format and shall include:
(a) The date, time, and place of the meeting;
(b) The members of the Commission recorded as either present or absent,
and the times when individual members entered or left the meeting;
(c) A record, by individual member, of motions and votes made by the
Commission; and
(d) A time stamp or other reference indicating when in the recording the
Commission began discussion of each agenda item and when motions
and votes were made by the Commission.
200-5
(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 its duties under the
Hawaii County Charter (as amended).
(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 hearings 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, 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 Hawaii Revised Statutes, Section 91-1 1.
[Eff. 10-20-02]
200-6
§200-7 Public Records.
(a) Commission Records. Commission records that are "government records,"
as defined in HRS chapter 92F ("Uniform Information Practices Act"), as
amended, shall be disclosed according to the provisions of that chapter. All
such records will be available for inspection in the office of the Commission
during County business hours from 7:45 a.m. to 4:30 p.m.
(b) 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 County pursuant to law.
200-7
SALARY COMMISSION
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
Hawaii Administrative Procedure Act or by any other statute, be such as in the
opinion of the Commission will best serve the purpose of such proceeding.
[Eff. 10-20-02]
§201-2 Appearances and practices before the agency.
(a) Representation. In any proceeding under these rules, any party may be
represented by counsel or any other person to whom the party has given written
or verbal authority.
(b) Validation of authority. When an individual acting in a representative
capacity appears in person or signs a paper in practice before the Commission,
that person's personal appearance or signature shall constitute a representation
to the Commission that, under the provisions of these rules and the law, the
person is authorized and qualified to represent the particular person on whose
behalf the representative acts. The Commission may at any time require any
person transacting business with the Commission in a representative capacity to
show that person's authority and qualification to act in such a capacity.
201-1
(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).
(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]
201-2
§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]
201-3
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 procedures.
(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 may petition the
Commission requesting the adoption, amendment, or repeal of any rule of the
Commission. Such petitions shall be filed with the Commission.
(1) Form and content. Petition for rulemaking shall contain the following
information:
a. Name, address, and telephone number, if available, and
signature of the petitioner;
b. A draft or the substance of the proposed rule or amendment or
a designation of the provisions, the repeal of which is desired;
and
c. 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 in writing, stating
its reasons for the denial, or initiate public rulemaking proceedings in
accordance with HRS § 91-3.
202-1
(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 shall be denied 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 proceedings, the Commission shall conduct
rulemaking proceedings as set forth in Rules 202-2 through 202-8 herein
and the applicable statutes. []
§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, 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 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
shall include:
(1) The date, time, and place where the public hearing will be held and
where interested persons may be heard on the proposed rule adoption,
amendment, or repeal; and
(2) A statement of the topic of the proposed rule adoption, amendment,
or repeal or a general description of the subjects involved; and
(3) A statement that a copy of the proposed rule to be adopted, the
proposed rule amendment, or the rule proposed to be repealed will be
mailed to any interested person who requests a copy, pays the required
fees for the copy and the postage, if any, together with a description of
where and how the requests may be made; and
(4) A statement of when, where, and during what times the proposed rule
to be adopted, the proposed rule amendment, or the rule proposed to
be repealed may be reviewed in person.
202-2
§202-3 Conduct of hearing.
(a) Presiding officer. The public hearing for the adoption, amendment, or repeal
of rules shall be held before the Commission and presided over by the
Chairperson of the Commission or in his absence, by another member
designated by the Commission. 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) 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, oral or written, shall then be received with
respect to the matters specified in the notice of hearing in such order as the
presiding officer shall prescribe.
(c) Oral and written presentation. All interested persons 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. An original and nine
copies are requested when submitting written comments, recommendations, or
replies.
(d) 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]
202-3
§202-4 Commission action. The Commission shall fully consider all written and
oral submissions and materials of record before taking final action in a
rulemaking proceeding. The Commission may make its decision at the public
hearing or announce then the date when it intends to make its decision. Upon
adoption, amendment, or repeal of a rule, the Commission, if requested to do so
by an interested person, shall issue a concise statement of the principal reasons
for and against its determination.
§202-6 Filing of rules. The Commission, upon adopting, amending, or repealing a
rule and upon approval by the Mayor, shall file certified copies thereof with the
County Clerk.
§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 HRS § 91-3(b).
§202-8 Publication of rules. The Commission shall compile, index, and publish all
rules adopted by the Commission and remaining in effect. Compilations shall be
supplemental as often as necessary and shall be revised at least once every ten
years.
202-4
SALARY COMMISSION
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. Any interested person may petition the
Commission for a declaratory order as to the applicability of any statutory
provision, ordinance, or of any rule or order of the Commission.
(a) Form and contents. The petition shall contain the name, address, and
telephone number of each petitioner; the signature of each petitioner; a
designation of the specific provision, rule, or order in question, together with a
statement of the controversy or uncertainty involved; a statement of the
petitioner's interest in the 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]
203-1
§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, Hawaii Revised Statutes,
Section 91-9, shall govern the proceedings. [Eff. 10-20-02]
§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 adversely affect the interests of
the County, the Commission or any of their officers or employees in any litigation
that is pending or may reasonably be expected to arise; or
(d) the matter is not within the jurisdiction of the Commission.
203-2
SALARY COMMISSION
TITLE IV- RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 204
RULES APPLICABLE TO SALARY ADJUSTMENTS
§204-1 Procedure for Salary Adjustment Proposals
§204-2 Notice to Public
§204-3 Public Hearing
§204-4 Adoption of Salary Adjustment Proposals
§204-1 Procedure for Salary Adjustment Proposals. 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. All salary
adjustment proposals shall be determined in accordance with a plan adopted
by the Commission (as amended), which shall include, at a minimum,
consultation with those boards and commissions that have appointing authority
for department heads.
§204-2 Notice to Public. At least thirty days prior to the Commission's approval of
any of its salary adjustment proposals, the Commission shall:
(a) 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 and
notification that the report required in subsection (c) below is available for
public inspection at the offices of the county clerk and the mayor;
(b) Hold at least one public hearing in either east Hawaii 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 Hawaii;
and
(c) 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.
§204-3 Public Hearing. The public hearing required to be held by the
Commission on its salary adjustment proposals shall be conducted in
accordance with section 202-3 above.
§204-4 Adoption of Salary Adjustment Proposals. Subsequent to the public
hearing and submission of the Commission's report to the county clerk and
mayor, the Commission may adopt its salary adjustment proposals at a public
meeting; provided, however, 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 Commission.