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HomeMy WebLinkAboutMIN FC 2022/05/31 2020-2022 Committee on Finance 36th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii May 31, 2022 CALL TO The regular meeting of the Committee on Finance was called to order at ORDER: 1:09 p.m., in the Council Chambers, Hilo, by Mr. Matt Kaneali'i-Kleinfelder, Chair. ROLL CALL: Present: Mr. Matt Kaneali`i-Kleinfelder, Chair Ms. Heather L. Kimball, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member (via videoconference from Kona) Mr. Holeka Goro Inaba, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) Absent& Excused: Mr. Herbert M. "Tim" Richards, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The Chair called Kevin McCabe who registered to speak in support of Res. 415-22 and 416-22, and came forward when called. CHR KANEALI`I-KLEINFELDER: Mahalo. I'll bring public testimony to a close. Mr. Clerk, if we can go to our first order of business today. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 30.29: REPORT OF FUND TRANSFERS AUTHORIZED: APRIL 16 —30, 2022 From Controller Kay Oshiro, dated May 4, 2022. FC-36 May 31,2022 Vote on Comm. 30.29: Mr. Inaba motion to close file on Comm. 30.29. Seconded by Filed Ms. Lee Loy and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneali`i-Kleinfelder—8. Noes: None. Absent: Committee Member Richards — 1. Excused: None. Comm. 31.36: REPORT OF CHANGE ORDERS AUTHORIZED: APRIL 16 —30, 2022 From Finance Director Deanna Sako, dated May 10, 2022, transmitting the above report pursuant to Hawaii County Code Section 2-12.3. Vote on Comm. 31.36: Mr. Inaba motion to close file on Comm. 31.36. Seconded by Filed Ms. Lee Loy and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneali`i-Kleinfelder—8. Noes: None. Absent: Committee Member Richards — 1. Excused: None. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 412-22 COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE HAWAII GOVERNMENT EMPLOYEES ASSOCIATION UNIT 02 FOR THE CONTRACT PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025 The estimated costs over the four years of the new contract resulting from across- the-board increases and one-time lump sum payments would be $1,567,354. Reference: Comm. 797 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 412-22. Seconded by Ms. Lee Loy. CHR KANEALI`I-KLEINFELDER: Council Members, discussion? Ms. Kimball, go ahead. MS. KIMBALL: Yeah, Chair, I'm thinking maybe just briefly to invite Director Page 2 FC-36 May 31,2022 Leopoldino up to just go over this. And if it's okay, maybe the next two and maybe on one fell swoop. CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Kimball. When you're ready Mr. Leopoldino, please introduce yourself. (Note: At this time, Human Resources Director Waylen Leopoldino came forward to address the members of the Committee.) MR. LEOPOLDINO: Waylen Leopoldino, Director of Human Resources. Good afternoon Chair Kaneali`i-Kleinfelder, and members of the Council. Yes, we do have a resolution before you. One of three with the same type of action to approve the funding for Bargaining Unit 2, which include salaries of over the next four years which is the contract period that was agreed upon. The contract for Bargaining Unit 2 employees will be a one percent lump sum bonus for year one July 1"2021. Year two, is a 3.72 percent across the board increase. Year three, five percent across the board increase. And year four, five percent across the board increase. CHR KANEALI`I-KLEINFELDER: Thank you, Sir. Ms. Kimball, any follow- up questions for the Director? MS. KIMBALL: Just briefly, so are there any additional Bargaining Units or contracts that are still under negotiation at this point? MR. LEOPOLDINO: We are waiting, so Bargaining Units 11, 12, and 15 went to interest arbitration. We've received Bargaining Unit 11's decision, that's one of the resolutions you have before you. Bargaining Unit 15 we ended interest arbitration on March 18, we're waiting for a decision. We just concluded with the arbitration for Bargaining Unit 12, which is our Police Officers, SHOPO (State of Hawaii Organization of Police Officers). The rest have been ratified. MS. KIMBALL: Thank you. That's all the questions I had. Chair, I yield. CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Kimball. Anyone else? Okay, hearing none motion on the floor to forward Resolution 412-22 to Council with a favorable recommendation, all in favor. Page 3 FC-36 May 31,2022 Vote on Res. 412-22: The motion to recommend adoption of Res. 412-22 was (Approved) carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneali`i-Kleinfelder—8. Noes: None. Absent: Committee Member Richards — 1. Excused: None. Res. 413-22: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE HAWAII GOVERNMENT EMPLOYEES ASSOCIATION UNITS 03, 04, 13, AND EMPLOYEES EXCLUDED FROM THOSE UNITS FOR THE CONTRACT PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025 The estimated costs over the four years of the new contract resulting from lump sum payments, across-the-board increases, step movements, and increases to uniform allowances and overtime meal rates would be $21,783,815. Reference: Comm. 798 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 413-22. Seconded by Ms. Lee Loy. CHR KANEALI`I-KLEINFELDER: Council Members, Mr. Leopoldino is still at the table, any questions or comments for the Director? If you want to provide a little background for this, you know, go please. MR. LEOPOLDINO: Yeah, I'll provide the same summary as I did for Bargaining Unit 2. Bargaining Unit 3 which is also another HGEA Bargaining Unit. Year one is July 1"2021, is a $1,000 lump sum bonus; year two is 3.72 percent across the board increase; year three, is July 1st, 2023, five percent across the board increase; and year four, July 1st, 2024, five percent increase. Bargaining Unit Number 4, which is another HGEA unit, year one is a one percent lump sum bonus as of July 1"2021. Year two July 1, 2022, 3.72 percent across the board increase; year three July 1, 2023, 4.96 percent across the board increase; and year four July 1, 2024, a five percent increase. Finally Bargaining Unit 13 is another HGEA unit. Two percent lump sum for (step) M and contract employees; July 1, 2022, sorry, I don't have the July 1, 2022 numbers. Sorry about that. I do have the July 1, 2023, which is a four percent across the board increase with step movements. July 1, 2024, year four, is Page 4 FC-36 May 31,2022 a 3.59 percent across the board increase. I do have year two, excuse me it's a two percent across the board increase for July 1, 2022. CHR KANEALI`I-KLEINFELDER: Okay, Council Members? Mr. Chung, go ahead. MR. CHUNG: Deanna,just for the record. We've got the money, right? Yeah, okay, you want to say that for the record. Just so that, for this the last one and the next one. Everything covered, right? (Note: At this time Finance Director Deanna Sako came forward to address the members of the Committee.) MS. SAKO: We did cover all the items in all of these communications, as well as the ones that we just finished arbitration, our best guesstimate, in the coming years budget in both the 2022 impact and FY 2023 (Fiscal Year) impact. MR. CHUNG: Thank you. CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Chung. Council Members? Ms. Sako, I have a question for you. Stemming from Mr. Chung's question, we budgeted for this coming fiscal year? MS. SAKO: Yes. CHR KANEALI`I-KLEINFELDER: How we looking? I mean this is a four-year decision, correct? MS. SAKO: Yes. CHR KANEALI`I-KLEINFELDER: And so down the line, say two years we get recession, what happens? MS. SAKO: We still have to pay these amounts out. CHR KANEALI`I-KLEINFELDER: We still comply with this, yeah? MS. SAKO: Yes. CHR KANEALI`I-KLEINFELDER: Okay. Thank you, Ms. Sako, appreciate it. Okay, Council Members, seeing no further discussion. Motion on the floor to forward Resolution 413-22 to Council with a favorable recommendation. All in favor? Page 5 FC-36 May 31,2022 Vote on Res. 413-22: The motion to recommend adoption of Res. 413-22 was (Approved) carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneali`i-Kleinfelder—8. Noes: None. Absent: Committee Member Richards — 1. Excused: None. Res. 414-22: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION TO HAWAII FIRE FIGHTERS ASSOCIATION UNIT 11 FOR THE CONTRACT PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025 The estimated cost over the four years of the new contract resulting from across-the-board increases and step movements would be $16,267,480. Reference: Comm. 799 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 412-22. Seconded by Ms. Lee Loy. CHR KANEALII-KLEINFELDER: Director, if you could. MR. LEOPOLDINO: Yes, thank you. So Bargaining Unit 11 is our Hawaii Fire Fighters Union. For year one, July 1, 2021, no across the board increases, but step movements will occur in year one; year two is a three percent across the board increase to include step movements; year three, July 1, 2023, is a four percent across the board increase with step movements; and year four, July 1, 2024, a four percent across the board increase with step movements. Thank you. CHR KANEALII-KLEINFELDER: Thank you, Director. Council Members discussion? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I just wanted disclose for the record that my significant other is a member of the Hawaii Fire Department, but I feel like I can make an objective decision here. Thank you, Chair. CHR KANEALII-KLEINFELDER: Thank you, Ms. Kierkiewicz for that. MR. INABA: Chair? If this is for the record, I should also say that I have an immediate family member who is part of the Fire Department here. Thank you. CHR KANEALII-KLEINFELDER: Thank you, for disclosing that the both of you. Anything else? Seeing nothing. Thank you, Mr. Leopoldino. Page 6 FC-36 May 31,2022 MR. LEOPOLDINO: Thank you. CHR KANEALI`I-KLEINFELDER: We have a motion on the floor to forward Resolution 414-22 to Council with a favorable recommendation. All in favor? Vote on Res. 414-22: The motion to recommend adoption of Res. 414-22 was (Approved) carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneali`i-Kleinfelder—8. Noes: None. Absent: Committee Member Richards — 1. Excused: None. Res. 415-22: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LAND OR A CONSERVATION EASEMENT FOR PROPERTY IDENTIFIED AS TAX MAP KEY 8-7-001:002 SITUATED IN THE AHUPUA`A OF KA`OHE AND KNOWN AS WAI`OHE, DISTRICT OF SOUTH KONA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire approximately 220 acres of land to protect the old growth of`Ohia trees and habitat for the Hawaiian Hawk, the Hawaiian Hoary Bat, and other endemic bird and plant species. This parcel is listed as priority number 15 for purchase in the 2021 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 800 Intr. by: Ms. David Motion to Approve: Ms. David moved to recommend adoption of Res. 415-22. Seconded by Mr. Inaba. CHR KANEALI`I-KLEINFELDER: Ms. David would you lead the discussion, please. MS. DAVID: Thank you so much, Chair. And first of all, I'd really would like to say, a big thank you to Mr. McCabe for his testimony he covered it quite well. And for his patience, we've been working on this for a while and I really appreciate his patience on this. As he said, I think this is a really great opportunity for the Public Access, Open Space, purchase or negotiation for it. It's down in South Kona in my neck of the woods, a very, very, beautiful area. And the fact that it's intended to be saved, the `6hia forest in that area is probably around 600 to 800 years old. Not to mention all the habitat for our endemic, and endangered species. Page 7 FC-36 May 31,2022 And so I really would ask for your support on this one. And I'm actually really, really, pleased that as much as we've been talking about expanding our ability to purchase open space, that we expand it to our watershed areas. I think this is a very great, great, first step in that direction, and I want to really thank the owner of this property for his willingness to do this. And also his willingness to contribute $5,000, for future management to this parcel if acquired. Thanks again, to our Department of Finance to start this process for this very important parcel in South Kona. And I ask for your support. Mahalo. CHR KANEALI`I-KLEINFELDER: Thank you, Ms. David. Mr. Inaba, go ahead. MR. INABA: Yeah, I just wanted to see if Corporation Counsel has reviewed this resolution, and it is adequate to allow the Finance Department to proceed. Just in light of I think a couple months back, our resolutions were not correct and adequate. So just want to make sure that we have it correct the first time. CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Inaba. Ms. Strance, when you're ready. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. I have not been asked to review this particular resolution. If you can give me a few minutes, I can check with one of our other Deputies. MR. INABA: Sorry just wondering if anyone in your office reviewed it, and if it's or how does this come to be. And I want to make sure we have it right, and that we can get this property if it is a fit. MS. STRANCE: We have a deputy assigned to PONC (Public Access, Open Space and Natural Resources Preservation Commission), and I know that she has been involved in various acquisitions. Whether she was specifically asked to review this resolution or not, I don't know. MR. INABA: Director Sako, could you maybe weigh in just on the resolution, and what the process is? I know we've seen many of these come before us. MS. SAKO: Yeah, I was just going to try and text, but typically the Council Members prepare them, and then we do try and get somebody to review it. Just looking at the Whereas—not the Whereas, the Be It Resolved clauses, it does look like the appropriate language. But we will double check, because I have staff out today they're not available. But we will double check between now and Council reading just to confirm that the language is good, Page 8 FC-36 May 31,2022 MR. INABA: Okay, thank you. In full support just want to make sure, you know, because this is what we need. Thank you, Chair. I yield. MR. HENRICKS: Mr. Chair? If I could just be a little helpful for Mr. Inaba's question. This was generated by a Council Member without opportunity for review by other departments, so they weren't bereft in their duties. And we follow a standard format that we have for these that I hope it's sufficient because we have acquired lands in the past using the same general format with slight deviations. But the general content being essentially the same as in our previous resolutions for these purposes. MR. INABA: Thank you, Mr. Clerk, for the clarification. MS. SAKO: Yeah, it looks like the standard language. Thank you. MS. STRANCE: And we can double check the parcel numbers, and property description as well. MR. INABA: Okay, thank you. Chair, I yield. CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Inaba. Any further discussion? Mr. Inaba, did you want to wait on hearing the motion? MR. INABA: Nope. I'd like to proceed, and I'm in support. CHR KANEALI`I-KLEINFELDER: Okay, thank you. Okay, with that we have a motion on the floor to forward resolution 415-22 with a favorable recommendation. All in favor? Vote on Res. 415-22: The motion to recommend adoption of Res. 415-22 was (Approved) carried by the following voice vote: Ayes: Committee Members David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneali`i-Kleinfelder—7. Noes: None. Absent: Committee Members Chung and Richards —2. Excused: None. Page 9 FC-36 May 31,2022 Res. 416-22: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY 7-7-004:025 SITUATED IN THE DISTRICT OF NORTH KONA, ALSO KNOWN AS KAKALA O KAMOA CULTURAL CENTER, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire this .78 acre of oceanfront parcel located on the north side of Holualoa Bay along Alii Drive in Kailua-Kona to preserve the historic Lyman House cottage and stone swimming pool, and provide an area for a cultural education, subsistence fishing, and shoreline recreation. The parcel is listed as priority number 16 for purchase in the 2021 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 801 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to recommend adoption of Res. 416-22. Seconded by Ms. David. CHR KANEALI`I-KLEINFELDER: Ms. Villegas, if you would. MS. VILLEGAS: Yes, I'm asking for my colleagues' support in further pursuing the accusation this historic piece of property. There is a house on it at this time, and there's an old saltwater pool in the front of it. It is located in a very culturally rich area, with just incredible resources and assets. I think it's a very exciting opportunity for the space off of Alii Drive where we have a shortage of shoreline pieces of property that are allowed for public access, this provides an opportunity for that and for the creation of a cultural center. I am very hopeful that we'll be able to move forward with this. And I just ask for everyone's continued support as was the case in the prior Resolution 415-22. The real estate agent working with the property owner has been able to secure a commitment of$25,000 to be contributed to the maintenance fund to help with the refurbishment and transition of this property into a useful public space. So I just ask for my colleagues' support, and that of the Administration to follow through and ensure that this piece of property gets held in public trust essentially in perpetuity. Thank you, I yield. CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Villegas. Anyone else? Okay, hearing none we have a motion on the floor to forward Resolution 416-22 to Council with a favorable recommendation. All in favor? Page 10 FC-36 May 31,2022 Vote on Res. 416-22: The motion to recommend adoption of Res. 416-22 was (Approved) carried by the following voice vote: Ayes: Committee Members David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneali`i-Kleinfelder—7. Noes: None. Absent: Committee Members Chung and Richards —2. Excused: None. Res. 419-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII AT HILO Authorizes the Mayor to enter into a three-year agreement to facilitate the Hawai`i Island Recovery and Resilience Action Learning Initiative. Reference: Comm. 813 Intr. by: Mr. Kaneali`i-Kleinfelder (B/R) Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 419-22. Seconded by Ms. Lee Loy. CHR KANEALII-KLEINFELDER: Any discussion? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. Is anyone from Research and Development or UH Hilo (University of Hawaii) on zoom to kind of speak to this resolution before us? I'm in full support of it, but would just love to hear a little bit more about what they're seeing as a partnership. Because it hits on a lot of topics that are important to us related to sustainability, food access, climate change, recovery, and resilience from disasters. Okay, I texted the Deputy, but he hasn't responded. CHR KANEALII-KLEINFELDER: You want to wait? MS. KIERKIEWICZ: No. I mean, I'm okay to move this forward to Council. But hope that we can get someone from UH and R&D (Research and Development) at that point, to just speak to the partnership and coordination. It also talks about there being no money being exchanged in this partnership, so just really curious about what this working relationship looks like. Or maybe Director Sako do you want share anything about this collaboration? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Committee.) Page 11 FC-36 May 31,2022 MS. SAKO: I know they've been working on it, I know it's a non-financial it's more of partnership as you mentioned. But I don't have the specifics, I don't want to speak out of line and mislead anyone. But I did make a note to ensure that someone is here at the next Council meeting. MS. KIERKIEWICZ: Thank you, Director Sako, I appreciate that. I fully trust Bob Agres and his vision, I mean he is a gem in R&D. So I will be supporting this. But I hope we can get a quick presentation and update at Council. MS. SAKO: Yep, will do. I'll make sure of that. MS. KIERKIEWICZ: Thanks, Director. MS. SAKO: Yup. MS. KIERKIEWICZ: Mahalo, Chair. I yield. CHR KANEALII-KLEINFELDER: Thank you, Ms. Kierkiewicz. Anyone else? Okay, look forward to seeing something from Research and Development at the next meeting at Council. Sounds like this should be moving ahead today given the vote. Council Members, we have a motion on the floor to forward Resolution 419-22 to Council with a favorable recommendation. All in favor? Vote on Res. 419-22: The motion to recommend adoption of Res. 419-22 was (Approved) carried by the following voice vote: Ayes: Committee Members David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneali`i-Kleinfelder—7. Noes: None. Absent: Committee Members Chung and Richards —2. Excused: None. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Order of Resolutions. Bill 173: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-18 OF THE HAWAII COUNTY CHARTER (2020 EDITION), RELATING TO THE OFFICE OF THE COUNTY AUDITOR Adds investigations of reports of fraud, waste, and abuse within County operations as an authorized function of the Office of the County Auditor. Reference: Comm. 809 Intr. by: Ms. Kierkiewicz Page 12 FC-36 May 31,2022 Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 173 on first reading. Seconded by Ms. Lee Loy. CHR KANEALI`I-KLEINFELDER: Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I think everybody knows my obsession with this particular topic, of having a whistle-blower hotline for the County. It was one of the first budget amendments, I put forward during my first budget cycle. And under the leadership of our new County Auditor, Mr. Benner, we've been able to launch a couple of hotlines related to whistle blowing but also fraud, waste, and abuse. And in just staying in touch with the Auditor, was made aware of situations where the Charter actually restricts the office from investigating those inquiries. And so wanted to make sure we made some strategic updates to the Charter, to allow the Auditor's Office to be able to proceed with non-audit type services and activities. So just looking for everyone's support on this. I do have the Auditor here to share a bit more information about some of the, I wouldn't say barriers, but just restrictions in the ability to carry out the duties and functions of that office. Because of language in the Charter. Looking for everyone's support. Thank you, Chair. CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Kierkiewicz. For those in Kona we do have Mr. Benner here today, if you're wishing for more information from his office. Council Members, discussion? Ms. Lee Loy, go ahead. MS. LEE LOY: Yeah, thanks. Mr. Benner, if you could come forward. Complete support of this, and just in plain reading, you know, we're adding in this section. And I just want, maybe just a high level approach on how you see this language kind of being applicable. Just kind of, hey, if a call comes in and this is what you understand the language to me. (Note: At this time, County Auditor Tyler Benner came forward to address the members of the Committee.) MR. BENNER: Yeah, thank you very much. Know that this body is aware that we've launched that line in January of this year, we launched it under a pilot program. The purpose of launching it under the pilot was to develop this, so these are natural outgrowths of launching underneath the pilot. We do have a third Audit Analyst position that has been accepted, they'll begin July 1. And they will be tasked primarily with attending that line. Essentially our job is not, despite conventional opinion, to just report negatively to this body. Our job is to try and report accurately to this body, and to the public at large. And so that means that we should be able to go in and look at things and Page 13 FC-36 May 31,2022 report back positively. And we should be able to also report when opportunities for improvement exist. The problem is that when we do a full GAGAS (Generally Accepted Government Auditing Standards) complain audit there's a huge burden of evidence that underlies that report. And so when we come away and find that things are being done well, there's not a lot of value to gathering, interviewing, doing a number of steps to come away with no findings. One purpose, one take away of this would give us the ability to actually let you folks and public know when people have done something right. When we've gone through all the scrutiny, and we've come away and found things are functioning as they should despite that scrutiny. Without having to acquire that level of evidence. So that's one of the positive things that we're looking for out of this. And the other thing as language is currently written in Charter, we really have to have it very well established that something is broken and wrong in order to go in and to look at it. And what we're hearing a lot on the line is, there's a sense that something may not be quite on the level. We also have questions concerning how pervasive those variances are. So one example of investigation that one of our peers published on their fraud line, was the neighbor across the street was witnessing a fire department who was pulling its trucks out every day and washing the personal vehicles of the individuals that were there. Now is that pervasive over the entire department, no, it was one station. And so that's something where we might spend a little bit of time and go in and get a couple of pieces of evidence, and provide a direct management support letter to say you should probably remind your people that this is not appropriate function. And they can do that and correct that without it ever elevating and becoming a systemic problem throughout the department. So that's another outcome that we're looking for as a result of this. MS. LEE LOY: Great, I like that. You know, often times the one bad apple, spoils the bunch. When really we should be addressing the one issue, rather than making these very broad statements. You know, assuming this goes to our electorate I also heard you say we have a position, and so this assuming passes our electorate can begin right soon thereafter. MR. BENNER: Yeah, we're doing what we can within the resources that we have, and departments have been very accommodating to let us look at things thus far. When we come across something that is going to be truly wrong, is when we expect that they'll say you have no authority to come in here and look at that. And so we're trying to proactively address that first. Page 14 FC-36 May 31,2022 MS. LEE LOY: I really do like that approach, I think that strength-based approach or modeling excellence, you know, using more carrots than sticks, I think is just a wonderful tool that we should be highlighting more often rather than, you know, the shame stick. So thank you. Thank you for advancing this Ms. Kierkiewicz, I really do appreciate and will be supporting this going forward. Chair, I yield. CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Lee Loy. Ms. Kimball, go ahead. MS. KIMBALL: Thank you, Chair. And thank you Council Member Kierkiewicz, and our Auditor for putting this together. Happy to support it, I think it's very much needed. Just one quick question, is there any need in your mind to put in maybe some wording that is kind of the trigger between okay, this is just an investigation-type situation, verses this is an audit, this is going to trigger an audit. The way it's worded it's up to your determination, I think. And so I leave it to the both of you, and obviously you've discussed this thoroughly and talked about it thoroughly. But is there any need for a trigger-type description in there? MR. BENNER: I think that we can achieve that through annual audit plan. Where we note that we're going to be doing these investigations and depending on the pervasiveness of the findings from those investigations, it maybe elevated to an audit. MS. KIMBALL: Alright, thank you. That's sufficient. I yield, Chair. CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Kimball. Going to Kona? Okay hearing none from Kona. Any further discussion? Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Auditor Benner, we didn't get to chat about this and I know you have a position in your office to kind of support moving forward on some of these inquiries. Would they be a licensed investigator? MR. BENNER: The individual that accepted that role, has had 10 year's experience in the Department of Taxation, working in kind of a high-volume, almost call-center type of environment to help taxpayers work through those complicated issues that they're going through. So we think we found a pretty good candidate to fill the role. MS. KIERKIEWICZ: Okay, but are they licensed. Page 15 FC-36 May 31,2022 MR. BENNER: I know their well-educated, but licensed I don't know if that's the case. MS. KIERKIEWICZ: Okay. Sounds like from your description, they have all the skill sets. But the reason why I'm asking is in the event that there needs to be some sort of investigation,just want to make sure that you have the tools and resources to be able to do that. MR. BENNER: Yeah, thank you very much. And that individual is going to have to acquire a prorated amount of CPE (Continuing Professional Education) just as we've required ours. And so there's more and more modules that are coming out that speaks to that specifically. And so although we have to all achieve the same amount of CPE, we achieve in different areas and that would be their area of specialty. MS. KIERKIEWICZ: Okay, great. Thank you for that clarification. And mahalo nui for your collaboration on this bill. MR. BENNER: Thank you for yours. MS. KIERKIEWICZ: Thank you, Chair. CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Kierkiewicz. Okay, seeing no further discussion. Mr. Benner, I think along the lines of what Ms. Kimball had asked was your determination of when an investigation will occur. It's fairly clear, but I mean is there anything else, like Ms. Kimball asked, that needs to added that could securely word us. So you don't get people's expectations too high, or too low. MR. BENNER: You know, at this point we've received really all the colors of the rainbow, for what they think maybe going wrong. And a lot of those issues fall outside of our purview, and so we had to redirect and assist in a lot of situations. I think the way this is written right now, gives us flexibility to be able to decide what we're going to do with it. And also based on the subject matter, whether or not there should be personal protection involved. Some of the positive stuff that we can come away with, we can publish. But other stuff we won't want to do that. Whereas in an audit, we have to publish those findings. It has to be published as a public record. So at this point, I think the way that its written leaves us considerable flexibility to determine where we want to go with that. And I think that's a good thing at this time. CHR KANEALI`I-KLEINFELDER: Okay. How many calls have you had to the call hotline so far? Page 16 FC-36 May 31,2022 MR. BENNER: It's been about 20. CHR KANEALI`I-KLEINFELDER: Twenty, okay, that's good. Yeah, I like the idea. Did you help write this? MR. BENNER: We had some input that Corporation Counsel and Council Member Kierkiewicz got together. You know, we went down to Dallas recently visited with couple of our peers, to find out what kind of language existed in their code. Some of their offices contained rule making authority, and so they have the ability to go in and look at any department any program any time, any place. But they're structured differently. Because our functions are defined in Charter, if we're going to add something new to our scope of work we need to define that. So that kind of was the compromise in this. CHR KANEALI`I-KLEINFELDER: Okay, good, glad to hear it. Sounds good, thank you very much for being here today. Thank you. Go ahead. MS. KIERKIEWICZ: Thank you, Chair. Sorry I would be remiss if I didn't thank our County Clerk, Jon Henricks, and Susan Caseria at LRB (Legislative Research Branch), for taking the time to connect with Tyler and I to really understand the intention so that we could really wordsmith something that was very clear, and got to the issue that we were trying solve for. Just wanted to make sure that I was very clear about all the many hands that contributed to the body of work that we're looking at right now. Thank you, Chair, for the latitude. CHR KANEALI`I-KLEINFELDER: Thank you, Ms. Kierkiewicz. Seeing no further discussion, Kona, checking in one more time. MS. DAVID: We're good, Chair. CHR KANEALI`I-KLEINFELDER: Thank you. So the motion is on the floor to forward Bill 173 to Council, with a favorable recommendation. All in favor? Vote on Bill 173: The motion to recommend passage of Bill 173, on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members David, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Kaneali`i-Kleinfelder—7. Noes: None. Absent: Committee Members Chung and Richards —2. Excused: None. CHR KANEALI`I-KLEINFELDER: That does bring us to the end of our agenda. Thank you for your time today, Mr. Benner. Page 17