HomeMy WebLinkAboutMIN GOEAC 2023/12/19 (2022-2024) Committee on Governmental Operations
and External Affairs
23rd Session
West Hawai`i Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawai`i
December 19, 2023
CALL TO The regular meeting of the Committee on Governmental Operations and
ORDER: External Affairs was called to order at 9:52 a.m., in the Council Chambers,
Kailua-Kona, by Ms. Cindy Evans, Chair.
ROLL CALL:
Present: Ms. Cindy Evans, Chair
Ms. Susan L. K. Lee Loy, Vice Chair
Ms. Michelle M. Galimba, Member
Mr. Holeka Goro Inaba, Member
Ms. Jenn Kagiwada, Member
Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo)
Ms. Ashley L. Kierkiewicz, Member
Ms. Heather L. Kimball, Member
Ms. Rebecca Villegas, 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 following individual registered to speak and came forward when called
by the Chair:
Janice Palma Glennie Bill 109 (Comm. 627), comment.
COMMUNI- The Chair directed the Committee to proceed to the next order of
CATIONS: business, Communications.
1,
Comm. 10.6: HAWAI`I STATE ASSOCIATION OF COUNTIES' AUGUST 25 AND
SEPTEMBER 1, 2023, EXECUTIVE COMMITTEE MEETING MINUTES
From Council Member Heather L. Kimball, dated November 17, 2023.
Motion to Close File: Ms. Kimball moved to close file on Comm. 10.6.
Seconded by Ms. Lee Loy.
CHR. EVANS: Any discussion?
GOEAC-23 December 19,2023
MS. KIMBALL: Yeah. Just filing these as per our process with the HSAC
(Hawai`i State Association of Counties) Executive Committee meetings. Thank
you. Member Kierkiewicz.
CHR. EVANS: Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Thank you, Council Member Kimball
for bringing this forward. I had a question about the August minutes. There was
reference to an Infrastructure Coordinator, and I'm assuming this is to coordinate
infrastructure dollars statewide, and it talked about County coordinators being
identified. So,just wondering if individuals have been identified for each county
and how that process or coordination would be working, because there's a lot of
federal money out there, and we want to make sure that we're getting our fair
share.
MS. KIMBALL: Yeah, I can unfortunately answer your question with relatively
simply with a"no." No one and nothing has moved forward on this.
CHR. EVANS: I'm sorry, cannot hear. Okay, Member Kimball, you want to
answer the question?
MS. KIMBALL: To clarify in response to Council Member Kierkiewicz's
question, there has not been anything that has moved forward, nor anyone identified
as coordinators on that at this point.
CHR. EVANS: Okay, thank you. Member Kierkiewicz?
MS. KIERKIEWICZ: Thank you. I'm hoping that maybe this would be an item for
a discussion at your next HSAC meeting. And just want to raise that amongst my
colleagues, because maybe we can all bug our Public Works Director and also Ed
Sniffen on the State side because legislative session is coming up and we just want
to make sure that we have people in place coordinating these funds. Thank you,
Chair.
CHR. EVANS: Thank you. So, I have a question. So, how are they doing on their
budget? Do you discuss their budget expenditures and how are they doing?
MS. KIMBALL: The revenue was from the HSAC Conference, which is our major
source of just for the activities of HSAC. It was sufficient to cover the forecast
expenditures for the budget. Our current HSAC account is around$240,000 as the
balance. We'll be starting to make some expenditures with respect to planning for
next year's conference; holding the venue and things like that. But our only major
expenses is the salary of the Executive Director and our lobbyist.
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CHR. EVANS: Okay, thank you. So, a follow-up question on the lobbyist. So, is
that just for registering for the legislative session?
MS. KIMBALL: No, we actually engage the lobbyist year-round. Because of the
cycle between the legislative session and then our internal cycle with packages
having to come to the councils and back to the HSAC; then back to the councils;
back to HSAC, we need the services on an annual year-round basis.
CHR. EVANS: So, will this Council hear then on the next report, what the lobbyist
is working on for HSAC at the State Legislature?
MS. KIMBALL: Yes. So to date, the lobbyist has been working on helping us
draft our bills. Addressing some; doing some of the early legwork in terms of
laying the foundation with the various legislators. During the session, he will be
helping us track bills and actively testifying on our behalf if the members of the
executive committee are not able to testify. As well as, you know, looking at
potential amendments to propose as we watch things go through the process.
CHR. EVANS: So, will the Council get an update from you on the status? How
often you would be notifying us of the status of what's going on at the State
Legislature.
MS. KIMBALL: So, I usually provide to our LRB (Legislative Research Branch),
the list of bills in the HSAC package. So, as LRB is sending out the notification of
the status on various bills that are of interest to the County, you will see the
notifications around the ones that are part of the HSAC package. And they usually
denote it as such. But I can plan to do a presentation once the session gets kicked
off on where things are. So, Dot, if you're listening, remind me to do a
communication, and maybe the first meeting in February where I can talk about
HSAC.
CHR. EVANS: Yeah, and even at cross-over, when it goes from one house to the
other to see where we're at on our bills; if they died or if they're making it over
to—you know, it'll be nice to know. Because sometimes we can, as Council
Members, write a letter or, you know, make contact with our legislators.
MS. KIMBALL: I will say, we've been successful in the last two years, getting
bills that we've initiated past. And I will give a little credit to this County, as they
were both initiated from our County. So, I'm hopeful that they will be three for
three after the session.
CHR. EVANS: Thank you. Okay, we have a motion. All in favor? Any opposed?
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Vote on Comm. 10.6: The motion to close file on Comm. 10.6 was carried
(Filed) by the following voice vote:
Ayes: Committee Members Galimba, Inaba, Kagiwada,
Kierkiewicz, Kimball, Lee Loy, Villegas,
and Chair Evans—8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Comm. 624: NOMINATION OF BRIAN CUSHNIE TO THE FIRE COMMISSION
From Mayor Mitchell D. Roth, dated November 30, 2023, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: January 13, 2024 (Section 13-4(k),
Hawai`i County Charter)
Vote on Comm. 624: Mr. Inaba moved to recommend confirmation of the
(Approved) nomination of Mr. Brian Cushnie to the Fire Commission.
Seconded by Ms. Galimba and carried by the following
voice vote:
Ayes: Committee Members Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair Evans—9.
Noes: None.
Absent: None.
Excused: None.
Executive Assistant to the Mayor Pomaika`i Bartolome came forward
and provided a brief narrative of the nominee's background and
experience. Committee Members spoke in favor of the appointment.
Comm. 625: NOMINATION OF ERICA PEREZ TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION
From Mayor Mitchell D. Roth, dated November 30, 2023, requesting the
Council's review and confirmation.
Requires Council
Confirmation by: January 13, 2024 (Section 13-4(k),
Hawai`i County Charter)
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GOEAC-23 December 19,2023
Vote on Comm. 625: Mr. Inaba moved to recommend confirmation of the
(Approved) nomination of Ms. Erica Perez to the Environmental
Management Commission. Seconded by Ms. Kagiwada
and carried by the following voice vote:
Ayes: Committee Members Galimba,Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair Evans—9.
Noes: None.
Absent: None.
Excused: None.
Executive Assistant to the Mayor Pomaika`i Bartolome came forward
and provided a brief narrative of the nominee's background and
experience. Committee Members spoke in favor of the appointment.
Point of Order : CHR. EVANS: So,Mr. Clerk, point of order. I wish to take out of order, we
have people here today and how to do the motion because to do the motion,
because there's a Communication 626.1 which requests a presentation, but is also
tied to Bill 108, so we'll have a motion on 108?
MR. HENRICKS: I would ask for testimony and read it in. There would be a
motion for a favorable recommendation, then you may proceed.
CHR. EVANS: Then the communication after that? Okay. Bill 108 with the
presentation.
Change Order As directed by the Chair and with no object from the Council Members, the
of Business: the following item was taken out of order:
Bill 108: AMENDS CHAPTER 2, ARTICLE 49, SECTION 2-271; CHAPTER 37,
ARTICLE 1, SECTIONS 37-1-2 AND 37-1-3; AND CHAPTER 37, ARTICLE 2,
SECTION 37-2-21, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,
AS AMENDED), RELATING TO SUSTAINABILITY, CLIMATE, EQUITY,,
AND RESILIENCE
Adds definitions for"trauma" and"trauma informed", and incorporates the
concept of applying a"trauma informed approach" to the application of and
access to critical resources and support for the County's most vulnerable
populations."
Reference: Comm. 626
Intr. by: Ms. Lee Loy
; and
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Comm. 626.1: From Council Member Susan L. K. Lee Loy, dated December 7, 2023,requesting
a presentation by Ms. Tia Hartsock, Director of the Office of Wellness and
Resilience, regarding current priorities and initiatives.
(Note: Comm. 626.2 dated December 12, 2023, from Council Member
Susan L. K. Lee Loy transmitting a presentation by Ms. Tia Hartsock; and
Comm. 626.3 dated December 15, 2023, from Council Chair Heather L. Kimball
transmitting proposed amendments to Bill 108 were circulated.)
Motion to Approve: Ms. Lee Loy moved to recommend passage of Bill 108
on first reading. Seconded by Ms. Galimba.
CHR. EVANS: Member Lee Loy.
MS. LEE LOY: Thank you so much, Chair. If I could direct everybody to the
Communication 626.2. And in the audience today, I do have Director Tia
Hartsock . She is with our State Office of Wellness and Resiliency, who will be
providing the presentation for us. Ideally what I wanted to do is have Tia kind of
share with us what Trauma-Informed Care looks like to help us flow into Bill 108
and help any of our Council Members with any questions they may have.
Just as a side note, the Office of Wellness and Resiliency was just stood up last
legislative session. It was authored by our Senator Donovan Dela Cruz, and the
funding was just made available. So, Tia is just getting into the job.
And it was really interesting, I had spent some time with Senator Dela Cruz in
D.C. when this office was being stood up,right at the exact same time that the
Lahaina fires happened.
So, Tia has really stepped into that role to help Maui out a lot. But I'll let Tia give
the presentation and demonstrate how this is a great fit for us in the OSCER
(Office of Sustainability, Climate,Equity and Resilience) Office with Bill 108.
Tia, go ahead.
(Note: At this time, Office of Wellness and Resilience Executive
Director Tia Hartsock came forward to address the members of the
Committee.)
MS. HARTSOCK: Aloha, good morning. Okay. Thank you for having me.
Mahalo for the invite. Nice to see everyone. I really appreciate the opportunity to
present. Aloha, Rep. Evans, I remember you from the Legislature several years
ago. So, nice to see you again.
We, as Member Lee Loy stated, our office was established last year in statute;
signed by Governor Ige, and as Governor Green came in, he appointed me as the
Executive Director in December 2022, and I started in January of 2023.
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Staffed up with six people, I have six positions that were allocated to this office;
chose to staff across the State, for the most part. I have one member in Hilo, one
member on Maui and four staff on Oahu. Our Hilo, Big Island person is also
going to help support Kaua`i. With that staffing structure, we got established,
stood up and in June, was able to bring everybody on-board. Sort of strategic
prepping it, and then the fires hit. So, we have been in full swing since August 9th
responding to stand up the mental health collaboration on the State side. So,
deployed by Governor Green on August 9th.
I was asked to come here to provide some information and content around
Trauma-informed care. My background is a social worker as well as a criminal
justice advocate for the last 25 years here in the State. I'm certified with the
Substance Abuse Mental Health Services Administration as a Trauma-Informed
certified trainer for the State and have been doing trauma grants specifically
around trauma-informed care since 2007 within the State.
(Note: At this time, Ms. Hartsock provided a slide presentation to the
members of the Committee. For viewing of the presentation, see the DVD
copy of the proceedings on file in the Clerk's Office, or online at
http://hawaiicounty.granicus.com. A copy of the presentation is made part
of the record, see Comm. 626.2.)
I'm going to pause for a second before I get into the piece of Climate Change and
Trauma to see if there's any questions.
CHR. EVANS: Members? Member Kagiwada.
MS. KAGIWADA: Thank you. Quick question. I know you're with the State
agency and it looks like your purview is really working with State groups. You
said you had someone here on this island, part of your staff. Is there any
availability to work with County groups?
MS. HARTSOCK: Yes, it says in the statute for the communities across the State.
So, our primary kind of piece is looking at assisting the State departments in
training and technical assistance,but we've very much so been engaged with
County-level pieces. So, my staff here has met with—you know, with
Mayor Roth several times. We just had a meeting with the Fentanyl Taskforce
with Dr. Kunz and Wally Lau. I've been working with Dr. Preston-Pita, I know
her as Hannah.
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So, we worked with Hannah of BISAC (Big Island Substance Abuse Council) in
trying to integrate and to see how we are able to work with more City and County
pieces to better do trainings. We did a training last week at U.H. (University of
Hawai`i) Hilo. Then had been trying to assist—I did a training for the Fentanyl
taskforce a few months ago. I don't know, time has gotten away with me.
Before the fire, is did a presentation out there. I met Ashley, Council Member, at
the YMCA (Young Men's Christian Association) Denim Day in May-ish. So,
we've been trying to integrate more with nonprofits and really starting to spread
through different areas in which are both reaching out, and we're reaching out as
well. So, we've been tapped by the County several times. Heavily focused right
now on Maui County working with the Mayor's Office there. But yes, we've been
doing some work on the Big Island.
MS. KAGIWADA: Okay, great. Thank you so much.
CHR. EVANS: So, I have a question. I know the State and the County have these
offices and give the employees the ability to get support and get counseling. I
mean it's a wellness program that already exists. I'm kind of curious, how are the
unions, HGEA (Hawai`i Government Employees Association) reacting to this
office? Obviously, you know, there's something already there but is this going to
change things?
MS. HARTSOCK: So, that's a great question. The Employee Assistance
Program, the EAP, is that what you're referencing?
CHR. EVANS: Yes.
MS. HARTS OCK: The EAP offers three visits a year with a therapist. So, any
State employee can reach out three times a year to engage usually around kind of a
specific issue that they're having at work. So, personal relationships and whatnot.
For ongoing workforce wellness initiatives, the departments have within divisions,
have set up different wellness pieces,but systematically across the State that has
not necessarily been done.
What we are doing, I just met with HGEA on Friday. We're about to release a
workforce wellness survey. Actually, one survey specifically focused on social
determinants of health for the general population. Then one workforce wellness
survey specifically for the State employees.
Now, counties will have the opportunity to opt in. The State can also opt in. But
we can only, from the Governor's position, encourage State employees to opt in to
take this survey. So, we're going to send it out through an email list. We
developed a 15 to 20-minute survey with the University of Hawai`i Social Science
Research Institute to really get a baseline measurement.
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This was part of our legislation; to create social determinants of our dashboards.
That's a piece of our legislation that we have to do. So, in approaching that, we're
trying to capture baseline data and right now, it's a point-in-time kind of count on
how the State employees are doing. It's very specific domains.
Some questions are about if they are considering leaving the State in the next six
months. Some of them are about, do they feel supported at work; some of them
are about, if they experience secondary traumatic stress or vicarious trauma at
work, and those concepts are defined. So, it's a 15-minute to 20-minute survey
that all State employees can choose to take during State time.
Once we get that feedback to see how many we get—we met with HGEA to
specifically ask for their feedback on that survey. We gave them the tool; we're
waiting for their feedback to see if they have any concerns on the questions. But
they were very excited about that opportunity. They hadn't known of any across
the State, effort to capture this information. Departments again have done it within
their divisions and their employees choose to opt in. But HGEA was very excited
that this was coming and were willing to send out emails in support to their
members as well.
CHR. EVANS: So, are the four Mayors talking to the Governor about this?
Because potentially it could survey at the County level.
MS. HARTSOCK: That would be amazing. We haven't yet gotten to the Mayors.
So, that's my kuleana. I need to reach out to the Mayors and ask if they would be
interested, but just haven't gotten there. But that's a great reminder.
CHR. EVANS: Okay. Alright, thank you.
MS. HARTSOCK: Do you have any thoughts on how that might go for County
employees?
CHR. EVANS: You know, I was very impressed when I became elected and they
gave me the employee packet. It was great to see that they had a program so that
employees could take advantage if they're having family problems; if they had
personal problems with alcohol or addiction, they reached out and asked for help.
I mean our County does have that.
You know, I'm just seeing that you're looking at—I mean I see two things. One
is, you're looking at how employees are out there working with the public because
we are public servants, right, and we offer service to the community. And so,
training for them, because they might have to deal with people that are
traumatized. The other thing is what happens, you know, with them if they have
trauma and they get triggered in the workforce.
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I think we do have programs for employees. I think what I'm getting with this is,
it would be nice to help, you know, some of our people that are on the frontline
working with the public. Even if it's Motor Registration Vehicle, and someone is
outraged that they have to stand in line for 15 minutes and they lose their cool and
blow up, you know. I mean I do think that there are benefits to have that kind of
training. I don't know if you plan on developing that kind of training and you're
going to then come to the Mayors and say, we're going to offer this. I don't know.
Is that your intent?
MS. HARTSOCK: That is part of our intent. Right now, we have been having so
many requests come in from not only departments, but different entities like the
Fire Department, the Police Departments, the hospitals. So, we haven't yet got to
an outreach campaign. That was part of our strategy.
Then when the fires hit, everything kind of shifted in the middle of our—so, we
were tasked and deployed to stand up the mental health coordination. So, that has
taken quite a bit of focus and time. But that is something that we will definitely, in
terms of outreach and being able to provide what our office is doing. We're just
finalizing our strategic plan on how that will look. We've been working on that
for the last five months.
But definitely is part—one of the things that we will be doing with Hawai`i
Health Care Systems of Hawaii. We're about to start recording micro-trainings
that will be on every new employee's orientation. So, for all the health care
systems. Something similar we're going to be doing for DHRD (Department of
Human Resources Development).
So, replicated on the County, we can also use those videos if they choose to use
them. But we're asking the State Department of Human Resources to have videos
specifically around trauma and trauma-informed care for all employees who come
into the State as well as annual trainings to get them into the systems.
So, we're the first State in the Country to have an office that has this scope on the
Governor's level. There are other states that have been having to stand up offices
like that: Office of Resilience, Office of Trauma, Office of Tele-Informed Care,
but they're in departments; they're nested in departments or nested in County
agencies. We're the first state in the entire country to have it housed in the
Governor's Office. So, super exciting, huge opportunity for us to push trauma-
informed care work forward, and it impacts so many pieces right now, that the
timing is interesting.
CHR. EVANS: Okay, thank you.
MS. HARTSOCK: Okay, I'm just going to end with the Climate Change piece
because I know that's kind of what this bill is looking for. It's really looking at the
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way in which climate change impacts not only the environment,but the way it
impacts people's ability to manage the stress and manage the emotional strain.
These types of events.
And so, how do we look at this as an overall system within our families, within our
communities who are experiencing and will continue to experience climate change
and the way in which we respond to that amount of stress in home in our
communities.
So, trauma-informed care can really look at and help train people on how to better
understand how we need to approach and respond to people that have experienced
severe trauma. So, climate change is definitely one of those pieces that can impact
the way in which we show up and our well-being is increased.
So, policy steps, clinical steps, and research steps we're looking at in order to
better prepare and better respond to the impact of climate change on emotional,
physical, social, and spiritual well-being. I've already spoken about this; we don't
need to go over that. So, I will end there. If there are any questions, happy to be
here. Thanks again for having me.
CHR. EVANS: Thank you. Member Lee Loy.
MS. LEE LOY: Yeah, thanks Tia, and thanks for ending there with that
climate-change piece. And you know, Hawai`i County is no stranger to disasters.
And what we see emerging is this trauma phenomenon called collective or
cascading collective trauma. So, it's the pandemic with a fire; with you know,
hard time to find a job.
So, you know, working with Tia and as she mentioned, the Office of Wellness
and Resiliency is the first of its kind in the nation. And lacing some of this
trauma-formed framework into our OSCER (Office of Sustainability, Climate,
Equity and Resilience) Office will not make us the first County. So, as we stand
up the OSCER Office, and as I was preparing last night, we all got the message
that our good friend Bethany has been appointed. And I asked Bethany to, you
know,just as Tia had to mobilize and get into action, Bethany, and I hope she's on
Zoom right now. There is she.
Bethany, thanks for joining us. Couple of questions. You know, we're lacing
some of this trauma-informed framework into the office that you will be launching
into, come February, I think it is. And you know,just get some of your thoughts
right now on what this amendment does and what goals you might have for the
OSCER Office implementing this trauma-informed approach.
(Note: At this time, OSCER Interim Administrator Bethany Morrison
came forward to address the members of the Committee.)
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MS. MORRISON: Aloha, Council Members,just for full transparency, I am here
on my personal time because I am committed to this work. And although I'm not
currently in that position yet, getting prepared for that.
Really appreciate that presentation, Tia. I think one of the things from our office
that we're standing up is really trying to understand, you know, how our County
fills in some of the gaps that we have around certainly sustainability and climate
change. But I think the harder parts are the equity and resiliency pieces. So, I can
see that's there's some opportunity here for our office of OSCER to really help to
fill in some of those gaps and provide capacity for our County departments in this
arena as we learn, I think, from moving through that roadmap as you showed on
your presentation, Tia.
Just thinking about a lot of folks, engaged with our community members, and I've
had some training really understanding the difference between being trauma aware,
which is really sort of coming from an understanding at an empathetic viewpoint to
actually being trauma-informed. And I think that that is going to be the shift that
we need to make as a County to really be able to have our communities
systematically more prepared but also obviously when it comes to an event, being
able to be resilient and be prepared as best we can for those events. That's just
some initial thoughts. Thank you.
MS. LEE LOY: Thanks, Bethany. Well, for my colleagues, this is where it lands,
right? Ideally, we're standing up a lot of new innovative ideas. And first and
foremost, we have to provide a space where we can actually capture a lot of the
grant money and/or funding to make these things happen in community.
Walking back to my conversation with Senator Dela Cruz, you know, we were
actually in D.C. during the Lahaina fire, or traveling. And it's no joke, on the 48th
if it bleeds, it bleeds. And Lahaina was at the top of the fold every single paper
across the Country. It made top of the fold on the Sunday Wall Street Journal.
When you see that kind of impact that Lahaina was having across the country, it
just hit solid for me that we're going to have to heal a community, and how do we
do that?
As a policy maker, it really is kind of a duty for us to provide those pathways, and
then have great people like Tia and Bethany, you know, be able to start the
framework and then introduce that into the other pieces.
When this all came about, I went to Council Member Kimball and said, hey, what
do you think about wedging this into the office that we stood up, you know, that
she authored? And she said, absolutely, you know, the more opportunities we can
find funding, funding sources, but really build communities that are resilient is a
goal. So, I do urge my colleagues' support on Bill 108. Thank you. Thank you,
Tia. Thank you, Bethany.
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CHR. EVANS: Thank you. Do we have any other questions for our guests? No,
if not, thank you very much. We will move on to discuss the bill. Is that okay?
Okay, so we have conversation and we can start talking on Bill 108. Member
Lee Loy, do you want to introduce the bill and explain it?
MS. LEE LOY: Yeah, we've done that; motion for the bill, then had the
presentation. So, any questions that you guys might have about the bill, really, it
just laces it, and a lot of what the Office of Wellness and Resiliency has around
trauma-informed framework from a climate-change perspective.
CHR. EVANS: Okay, Member Kimball.
MS. KIMBALL: Thank you, Chair. As Council Member Lee Loy mentioned, you
know, when she was looking at drafting this language, she did reach out, and you
know, while we're allowed to talk to one other person,but I appreciate the
connection as one of the two drafters of the legislation that created the OSCER
Office
It was really timely because she was coming in with this information about
trauma-informed care. As I mentioned, before I served on the Legislative
Advisory Committee; local government advisory committee for the EPA
(Environmental Protection Agency). We're talking about environmental justice,
cumulative impacts, historical trauma with respect to climate change and
environmental issues.
Then, I had a gentleman reach out to me from the Office of Health here in the
State, and they now have a Climate Change and Mental Health Specialist that's
working with their group. So, all of these things were coming together at the same
time. As well as, you know, Inter-Climate Action Plan.
There is a small reference to mental health and physical health and the impacts of
climate change on that. So, there is all of this tie, and I feel comfortable adding
this as part of that equity. As Sue said, equitable and resilience component of the
OSCER office.
We certainly saw, I think, in Lahaina what happens when response is not
trauma-informed, unfortunately. So, you know, for us getting ahead of that in,
we know there are going to be more events here. Having that toolkit available, I
think is really important.
I do have a proposed amendment. I don't know if the body would like to have
more dialogue around the—you know, I'm just going to go ahead and put forth the
amendment now so we can talk about that and then come back to the main bill.
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Motion to Amend: Ms. Kimball moved to amend Bill 108, with the contents of
Comm. 626.3. Seconded by Ms. Lee Loy.
CHR. EVANS: Is there a discussion?
MS. KIMBALL: Yeah, so just offering this amendment for two reasons. One,
you know, in addition to the trauma-informed care, I wanted to add in the mental
and physical health consequences of historical trauma cumulative impacts of
environmental hazards and disaster events. Again, in other venues, these are
terminologies that are leading to financial support, technical support for the
County to be tied into these issues.
I did want to soften the language a little bit with respect to the best practices and
whatnot. Only because, you know, we have a specialist here today who really
knows her stuff about this. I want our current and future OSCER Administrators
to have knowledge and understanding of the philosophy around this, but not
necessarily the in-depth experience with those practices. I would expect that they
would bring a consultant in or hire a social worker, or something like that to
provide that level of service.
So, this part of Chapter 2 is intentionally broad with respect to the Administrator's
functions. So, what I've done here is add on a little bit to the trauma-informed
care,but then walk back a little bit on some of the precision around the description
of the office. Happy to take any questions on the amendment before we proceed.
Thank you.
CHR. EVANS: Member Lee Loy.
MS. LEE LOY: Thank you, Chair. In support of this amendment, absolutely.
You know, we have different types of tools in our toolbelt. And at the end of the
day at the legislative body, we're creating the policies, but we also want to be able
to invite in the resources and the funding. So ultimately, you know, this language
not only braids that in,but as Member Kimball mentioned, if we make it too
restrictive, then all of a sudden, we're not able to capture as much. So, I'm
absolutely in support of this amendment. I yield.
CHR. EVANS: Member Villegas.
MS. VILLEGAS: Thank you to the introducers, Council Member Lee Loy, and
sounds like Council Member Kierkiewicz for the relationships that were bonded
and the recognition of the opportunity to bring in something that is really rising to
the surface as pivotal for the health and well-being of our communities. And that
is this trauma response and having people trained and adequately prepared.
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I see the connection. You know, we're taking IQ (Intelligence Quotient) and we're
adding EQ (Emotional Quotient). And in so many presentations and whatnot and
different readings, I've been exposed recently, the recognition of the need for EQ.
And to foster that within ourselves and within one another, and especially in times
of crisis or trauma, recognize that value and support it in one another, that it is the
most important thing is to recognize where people are coming from, and our
experiences dictate our behaviors and how we see the world.
People in a time of crisis and trauma, oftentimes that part of the brain shuts off.
So, they're in flight-fight-freeze, right? One of my goals in life has been trying to
find the flow; add that fourth "F" and go into the flow. But it's really impossible
to do that, and so, you'll have people educated and well-versed in even
acknowledging, recognizing, validating, and then providing support instead of the
IQ of being—well, this is what happens, so you have to do this.
So, holding those pieces together, I appreciate; as Council Member Kimball and I
brought forth the parameters of OSCER, that was a deep part of the intention is
incorporating that EQ because that lines up with so many things. And it also
provides a pathway for a society that sadly can too often be void of that
consideration, as we live predominantly in linear modalities. So, this provides for
that more inclusive softer side to any consideration, our humanity.
So, thank you for coming today and sharing that with us. Thank you to the
introducers for both of these amendments, and I'll be supporting this moving
forward. I yield.
CHR. EVANS: Hilo?
MR. KANEALI`I—KLEINFELDER: No, thank you.
CHR. EVANS: Thank you. Members? I don't see another light; I'll offer my
comment. I prefer the original language of Bill 108 over this communication. A
couple things. I like the fact that we're moving towards trauma informed
principles and best practices, and as we heard from our guest today it's being
worked on, it's evolving. You know they're working with the unions; it's evolving
as we speak. I think this language is a little too specific. I had some concerns
when I read cumulative impacts of environment hazards. In the flow of the
sentence, it says understanding of physical and mental health consequences of
historical trauma. Then you'd have to read the understanding of cumulative
impacts of environmental hazards, and then you'd have to read the understanding
of disaster of events, and I think it gets a little confusing just by the way it was
written. That's the way I read it. I really like the original language which says
understanding of trauma informed principles and best practices. And we know
those principles and best practices are evolving as they learn. This next year we're
going to see a lot of changes.
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Again, I will not be supporting the amendment,but I do like the original Bill 108.
So with that do we have any other discussion, otherwise, we'll take a vote on
Communication 626.3? All in favor? Any opposed?
Vote on Motion to The motion to amend Bill 108, with the contents of
Amend: Comm. 626.3 was carried by the following roll call vote:
(Approved)
Ayes: Committee Members Galimba, Inaba,
Kagiwada, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy,
and Villegas —8.
Noes: Committee Chair Evans— 1.
Absent: None.
Excused: None.
CHR. EVANS: So, we have a motion on the floor on Bill 108, as amended. Any
discussion?
MS. LEE LOY: On the main motion. I just want to remind everyone this idea of
this cascading collective traumas. We're beginning to see it, and there's so many
pieces. Not only with our environment, you know, social circles; how we were
raised. But also, a lot of input that we see through social media. I mean, we've
seen mass shootings, and we're having to process all of that.
This edit to the office really just gives us an opportunity to collect the resources in
any event that we would need to respond to—our first responders would need to
respond to or just us as a community as a whole. And really urge my colleagues'
support. Thank you.
CHR. EVANS: Thank you. Member Kimball.
MS. KIlVIBALL: Thank you, Chair. Yeah,just to summarize, I think Council
Member Villegas put it very well in this, we're taking IQ and we're adding EQ,
and I think that really summarizes in a neat box. And it's really critical to the
equity and the resilience piece. It's not only resilience in the mechanics of how
we think of resilience, but resilience in ourselves as individuals. And that
includes the mental, the physical, and the trauma-informed care.
So, really love this addition in the terms of,just like the overall intention of the
office and what this more holistic approach to not only just our ecosystem and our
systems of sustainability within the County, but within ourselves as individuals
and a community. So, excited to see this addition.
And I just want to conclude by, if Bethany Morrison is still on the line,just want
to really take time to say, congratulations on your appointment as Interim
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Administrator. I can't think of someone better to fit in that position, having you
know, being the author of the General Plan and the Climate Action Plan, and
involved in several community outreach activities. I think you're going to really
do an excellent job, and I'm excited to partner with you as we move forward on
the OSCER initiative. So, thank you, Chair. I yield.
CHR. EVANS: Thank you. Okay, Member Inaba.
MR. INABA: Yes, thank you. Just wondering if there is a difference between
trauma-informed care, which was defined in the presentation, and then
trauma-informed,just by itself?
MS. LEE LOY: I'm going to ask the subject matter, Tia, to answer that.
MS. HARTS OCK: Trauma-informed care is the philosophical framework.
Trauma-informed can be applied to practices, programs, initiatives. So, there's
not a huge difference. I think the biggest difference between, except when we
define a traumatic situation with a trauma-informed response, it's using a variety
of ways to address not only the approach that we take—people would say they're
trauma-informed practitioners; people will say they work in a trauma-informed
program; they can say they have trauma-responsive programs. So, it's nuanced in
a sense, but there's not a real difference between trauma-informed care and
trauma-informed.
MR. INABA: Okay. So, in looking at the definition section contained in the bill,
being that the State is using—let me ask first. Is the definition provided in this
presentation for trauma-informed care a working definition that your office uses?
MS. HARTSOCK: Correct. That's the SAMHSA (Substance Abuse and Mental
Health Services Administration) definition is one of the definitions that the entire
nation uses. We created our Hawai`i informed version. That's informed by the
SAMHSA definitions. So, yeah, that's what we'll be using in our office. But also
recognizing the Federal definition.
MR. INABA: Thank you. And then, to the makers, the definition included in the
bill right now is the Federal definition?
MS. LEE LOY: We worked with Tia's office because I didn't want to be
unaligned or misaligned, is the right word. And so, Tia and her staff really helped
put us in the best position to be lined up with the State. And then, you know,
going up the ladder as far as the Federal or back down.
MR. INABA: Okay. I think that would be my only comment. Totally in support
of the bill. But I think they mean very similar, but if they're meaning very
similar, then perhaps we just take up the exact version that the State is using. So,
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GOEAC-23 December 19,2023
we know we're talking about the same thing if we ever say trauma-informed, and
they're using it as trauma-informed care.
Then,just with the amendment that was just passed, I think we could also go back
and revisit Section 2 of the bill, Declaration of Policy, to make sure that that last
sentence is exactly the same to ensure access to resources and support for
underserved and vulnerable, not most vulnerable. But thank you so much for
bringing this forward, Council Member Lee Loy, appreciate it. Chair, I yield.
CHR. EVANS: Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Thank you, Council Member Lee Loy
for working on this. I remember having conversations with Danny Goya, I think
during the Pandemic, where there was a lot of discussion about mental health at
the State Legislature. And I think they adopted some kind of resolution,just
raising awareness of aces and the basis of trauma-informed care. And I know he
wanted to do something within the County. But R&D (Research and
Development) didn't make the best sense? It seemed to be like this catch-all sort
of department. So, I think OSCER is the right fit, and it's really the most
appropriate time for us to be including this.
You know, I represent the district that was inundated by lava in 2018, and I think
about that government response and recovery process. All of that bureaucracy at
every level being very traumatizing in and of itself. So, I hope that by having
folks in government now trains up informed and thinking about, how do I create
policies and programs that don't retraumatize; that don't have potential triggers
that set people off. I think it's a great step in the right direction.
I appreciate the amendment that was put forward by Council Member Kimball. I
think it really does strengthen what we are looking for in the Administrator. I did
have some editorial comments that I hope that you might be open to. Just to kind
of remove some of the duplicity in language throughout the bill.
Under Declaration of Policy, rather than that whole additional sentence that's
there, after the word, "coordinated,"just moving the trauma-informed. And I say
that because in the definitions of equity, we already talk about serving
underserved and vulnerable populations. I don't think it's necessary to include
trauma-informed approach and adaptation, equity, sustainability. I think that is
best left in the definitions of trauma and trauma-informed care.
Then, in the Section on Duties of the Office, again, rather than stating in Numbers
(2) and (3), trauma-informed principles and best practices, maybe just removing
the inclusion in (2) and (3); and adding a Number (4). And again, this is—I can
email this to you, but a suggestion. Ensure policies,practices, and actions are
trauma-informed to promote resiliency, health, and wellness. Just some thoughts
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for consideration. But I think this is really well done, and I really appreciate the
heavy lift in making this happen. And I love knowing that our new Interim
Administrator is very much open to integrating these principles in standing up
OSCER. Thank you, Chair, I yield.
CHR. EVANS: Thank you. Hilo, yes.
MR. KANEALI`I—KLEINFELDER: Thank you, Chair. We have Director
Adams here waiting patiently to provide some comment, if we can give him a
moment?
CHR. EVANS: Director Adams, would you like to offer comment?
(Note: At this time, Research and Development Director Douglass Adams
came forward to address the members of the Committee.)
MR. ADAMS: Thank you, Council Member Kaneali`i—Kleinfelder. Doug
Adams, Director of Department of Research and Development. I appreciate the
opportunity to speak briefly on the bill for adding trauma-informed elements to
the OSCER ordinance. My point here is one of support. Really happy Director
Hartsock was here to explain elements associated with the work that her office is
doing.
For the Council's information, you all also have provided us with the opportunity
to do that work since the Administration came in early 2021, creating a resource
as one of our specialists in community well-being. And we had that position
filled and have been operating with those principles that are aligned with the
trauma-informed principles that Director Hartsock was referring to.
So, very much in support of the addition of these elements to the OSCER
ordinances, and also look forward to working with the Administrator in making
sure that we're providing resources to the development of ways to implement
these practices and these principles, which we are already doing with some of the
ARPA (American Rescue Plan Act) funds. So, thank you very much for the
opportunity.
CHR. EVANS: Thank you, Director. So, with that, Member Lee Loy, did you
want to offer any feedback?
MS. LEE LOY: Yeah, I'll definitely take a look at Mr. Inaba's comments and
refine that language, keeping it really consistent; and then,Ms. Kierkiewicz. And
if it's okay with the members, I'll be more than happy to get it ready. And if we
move it up to Council, we'll still have an opportunity to refine it a little bit more
at first reading. Looking for everyone's support.
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GOEAC-23 December 19,2023
CHR. EVANS: Thank you. We have a motion on the floor. All in favor? Any
opposed?
Vote on Bill 108: The motion to recommend passage of Bill 108, as amended to Draft 2,
(Draft 2) on first reading was carried by the following voice vote:
(Approved)
Ayes: Committee Members Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair Evans—9.
Noes: None.
Absent: None.
Excused: None.
Return to Order The Chair directed the Committee to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 385-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH
THE STATE OF HAWAII OFFICE OF PLANNING AND SUSTAINABLE
DEVELOPMENT
Seeks to form the Hawai`i Statewide Economic Development District to
enhance regional collaboration and access to federal funding.
Reference: Comm. 643
Intr. by: Ms. Evans (B/R)
Motion to Approve: Ms. Kierkiewicz moved to recommend adoption
of Res. 385-23. Seconded by Ms. Galimba.
CHR. EVANS: Any discussion? Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I see we have Director Doug Adams in
Hilo. So, do welcome him to provide an overview of this agreement, which
sounds very exciting. It includes all of the counties. So, Director, if you could
just walk us through what this means. If we're going to need some sort of Federal
recognition once we ban together as counties for a Development District and how
this might strengthen our ability to work together and implement projects that had
been identified in our CEDS, that's the Comprehensive Economic Development
Strategy. The long-range blueprint for economic development, prosperity, and
resiliency in each of our communities.
MR. ADAMS: Thank you, Council Member. I assume Chair, that I'm allowed to
speak.
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GOEAC-23 December 19,2023
CHR. EVANS: Yes, please.
MR. ADAMS: Thank you. Doug Adams, Director of Research and
Development. This particular work, as Council Member Kierkiewicz has noted
stems from the Comprehensive Economic Development Strategy effort that
resulted in a Statewide CEDS being submitted to the Economic Development
Administration in the Department of Commerce late, I guess, or mid of this year.
In addition to that process, which is a five-year process in which is used to help
with economic development funding that comes from the Federal Government to
the State looking at the priorities that have been developed across the State by the
islands or counties, typically, the islands.
It's the Economic Eevelopment Boards that exists within the context of the
counties but are island activities. These entities develop their own and then they
are brought together and integrated into a Statewide economic development
strategy that is then submitted by the Office of Planning and Sustainability
Development (OPSD) to the Economic Development Administration (EDA).
This particular Economic Development District is something that had been looked
at previously,but the timing was not considered right because the EDA itself was
not interested necessarily in seeing a State alone as a region. That apparently has
changed, and so, OPSD took the lead in developing the proposal to send to the
Economic Development Administration.
The designation as an Economic Development District will allow, frankly, for
more funds to be made available to the State and to its sub jurisdictions such as
the counties. And the availability of those,because there are some notice of
funding opportunities that are only made available to Economic Development
Districts, not necessarily sub-elements of States or even States themselves. So,
this designation will add to the opportunities that we find coming out of the
Federal Government in a major way. So, we're very pleased to join with the State
and the other counties to form this district.
The other elements associated with this is that the actual wording of the work is
undergoing both efforts by our Corporation Counsel and the Attorney General's
Office. But it very much is being looked at by the OPSD, and then we'll take a
look at it before it actually goes to the Mayor's Office for signature.
We really do ask for the Council's support and this Committee's support in
forwarding it to the Council. This development can be very helpful in bringing
more funds and availability of those funds to the County in infrastructure as well
as economic development measures. And if we're fortunate, we know that there
are some areas that will actually support some of the conversations that we just
had on the previous matter in OSCER. So, I look forward to your questions, but I
also ask this Committee to forward it to the Council. Thank you.
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GOEAC-23 December 19,2023
MS. KIERKIEWICZ: Thank you, Director. To be very clear, I am going to be
supporting this. I think we all love knowing that there is more potential for
funding opportunities to support different projects. I think when we hear terms
like economic development and infrastructure, those are very somatic.
So, I'm wondering if across the counties, you folks have had discussions around,
should this district be set up and recognized by the EDA? What are like the top
1, 2, 3 things that you will be working on together? Had those projects,
opportunities for collaboration, have they been identified?
MR. ADAMS: Thank you, Council Member. The prioritization of infrastructure
projects is already part of an annual prioritization process. I know the acronym,
but I can't tell you what the acronym stands for. The process itself is an
infrastructure prioritization process. Much of that is focused on transportation
but not all.
Then, the economic development elements that would come both from the
Department of Business, Economic Development, and Tourism or DBEDT; and
of course, OPSD, Office of Planning and Sustainability Development is contained
within DBEDT. So, those conversations have not occurred as a part of some
prioritization of projects. But we'll certainly be engaging in that process.
MS. KIERKIEWICZ: Okay. And then is there additional staff that you need to
carry out this additional kuleana?
MR. ADAMS: This will fit very nicely within the specialist that we currently
have on staff. Thank you.
MS. KIERKIEWICZ: Okay, great. I guess, once this agreement is formalized,
signed by the Mayor, and recognized by the EDA, I want to invite you back to the
Council to give us a presentation on the collaborations we can look forward to our
County participating in via this district designation.
MR. ADAMS: Thank you. It would be my pleasure.
MS. KIERKIEWICZ: Thank you. Chair, I yield.
CHR. EVANS: Thank you. Member Villegas.
MS. VILLEGAS: Thank you for being here, Mr. Adams. You know, what really
burked my ears up was the opportunity for infrastructure funding and for this to
provide a framework ideally for our counties to work collectively to identify
funding in the Federal Government and bring it to our different, greatly-needed
infrastructure projects within each one of our municipalities. So, thank you for
confirming that that is part of the process here.
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You know, we talk about triggers in some of our prior conversations today.
Economic development for myself has been a trigger, because it's always been
historically aligned with building more hotels, more tourism, more of all the
things that add extensive burdens on our infrastructure; and too often, kind of
more disparity in those that work in servitude, for lack of a better term sometimes.
And the haves and the have-nots.
So, and it was wonderful to see you last week, Director Adams, at the Circular
Economy Conference. And that's what I look at, and I work on calming my own
triggers when seeing some of this terminology.
Really looking forward to the terminologies and the concepts and the paradigm
shift in the conversations that are being had around circular economy and those
being incorporated into the vision, purpose, and intention for, you know,
sustainable development and those different things.
I know I'm not alone with those trigger points, and there are a number of people
out there. So, that's just something I guess I would put up as a request, a
suggestion, and a plead, that that terminology start being incorporated in things
like this so that other people who may also feel triggered about the foot being put
on the gas pedal of just more, more, more, that we would all have a greater
inclination for trust and understanding of the intentionality to be based on circular
economy and that the infrastructure would be considered before any further
pressures are placed on the systems that we all very much know too well, are
hanging on by shredded threads. So, thank you so much, Mr. Adams. It was
great to get to see you last week, and with that, I'll yield.
MR. ADAMS: If I may, Chair? I would just note that, in addition to—well,
yourself and Council Member Villegas being available. You know, being at that
particular forum that UH (University of Hawai`i) put on, all of the counties and
their Economic Development Offices, also were present. I was able to see
members of all four counties that were there.
So, I think that your point, Council Member Villegas, is well taken and will be an
area that we'll be looking at as we do the collaborative work that the Economic
Development District will entail.
MS. VILLEGAS: Thank you, Director Adams. I'm just getting all kinds of
Christmas presents today. So, I take great comfort in that, and you pointing out
that all those other members were there in the room. It was a really powerful
gathering. So, thank you for sharing what you saw. All those friendly faces in
alignment and will forward all the continued alignment in 2024. I yield.
CHR. EVANS: Thank you. Hilo, Member Kaneali`i—Kleinfelder?
MR. KANEALI`I—KLEINFELDER: Yes, please. Thank you, Chair.
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GOEAC-23 December 19,2023
Mr. Adams, thank you for being here today. So, the agreement that we're
looking at entering into, is there an actual agreement already?
MR. ADAMS: There's not that is prepared for a signature yet, but there is one
that is in the process of being edited.
MR. KANEALI`I—KLEINFELDER: Okay. And then is that linked to the
Statewide Comprehensive Economic Development Strategy?
MR. ADAMS: It will reference it. The two documents are separate documents
because one is a designation as a structural entity, you know, the ED (Economic
Development) district. Whereas the strategy itself is part of the prioritization and
strategy. It will connect in a way that the district now has something as well, that
it can use the strategy itself, the CEDS itself, will be a reference for the district.
MR. KANEALI`I—KLEINFELDER: Okay. Then, district is yet to be
determined? Is there certain areas County could look at enterprise zones and
opportunity zones?
MR. ADAMS: The district is the State of Hawai`i.
MR. KANEALI`I—KLEINFELDER: The State of Hawai`i. So, the entire State,
every inch of every island in the State? Okay. And so, then the Comprehensive
Economic Strategy is used as kind of the backbone of the overlap with this
development district? Is that right, am I saying that correctly?
MR. ADAMS: Yes, you are.
MR. KANEALI`I—KLEINFELDER: Okay, so then, what we're really looking at
is the development strategy? And that's based on like, 2016-2020?
MR. ADAMS: No, we just completed the 2020-2025.
MR. KANEALI`I—KLEINFELDER: Oh, we did? Where is that?
MR. ADAMS: We can find that on the R&D website, but also, in the Office of
Planning and Sustainable Development's website. That was submitted to the
EDA earlier this year.
MR. KANEALI`I—KLEINFELDER: Okay, I'm on it right now. I don't see it. I
will look for that to make sure that it's still aligned. The 2016-2020 pre-COVID
(Coronavirus disease), seems like a different alignment that we may be in now.
MR. ADAMS: Correct. And that's what the CEDS has submitted to EDA is a
post-COVID document.
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GOEAC-23 December 19,2023
MR. KANEALI`I—KLEINFELDER: Okay. As you move forward, I cannot
help—and I've been thinking about this for years is, you know, small businesses
and being from that arena; small businesses need help.
When we're talking about jobs,job creation, I think 95 percent of the businesses
in Hawai`i are small or designated as small, which is fairly simple when you think
about the SBA (Small Business Administration) definition of a small business,
less than 500 people. That's most of the businesses in Hawai`i. But with that,
when we support small businesses, we support all the workers and all the ohanas
that come with that. And I cannot see a better area to focus on when you're
looking at economic drive than ensuring our businesses are able to be supported
and have the support they need from government when they need that. So, if you
can take that into your back pocket, I'd appreciate it.
MR. ADAMS: Absolutely. I would note that workforce development is not
always something that economic developers have paid a whole lot of attention to
or necessarily spoke about. But that has changed over the last two to three years.
Partially, probably because of the impact of the pandemic on our workforce and
our economy. So, to see that economic developers are actually looking at the
work that workforce developers are doing and including that as a part of their
strategies, I think, lends credence to what you're saying.
MR. KANEALI`I—KLEINFELDER: Thank you. I look forward to seeing how
this works out and what we can do to help if anything. Thank you for being here
today. I yield, Chair.
CHR. EVANS: Thank you. I'm not seeing any other lights on. So, thank you,
Director Adams for being here and answering questions. We have a motion on
the floor. All in favor? Any opposed?
Vote on Res. 385-23: The motion to recommend adoption of Res. 385-23 was
(Approved) carried by the following voice vote:
Ayes: Committee Members Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair Evans—9.
Noes: None.
Absent: None.
Excused: None.
BILLS FOR The Chair directed the Committee to proceed to the next order of business,
ORDINANCES: Bills for Ordinances.
Page 25
GOEAC-23 December 19,2023
Bill 109: INITIATES AN AMENDMENT TO AMEND ARTICLE XIII, SECTION 13-8
OF THE HAWAII COUNTY CHARTER (2022 EDITION), RELATING TO
TERM OF OFFICE OF DEPARTMENT HEADS
Proposes to revise the County Charter to require the Mayor to appoint department
heads within 30 days of taking office and within 60 days of any vacancy occurring
during the Mayor's term of office, and further that the department head shall not
take office until confirmed by the County Council.
Reference: Comm. 627
Intr. by: Mr. Inaba and Ms. Villegas
Motion to Approve: Mr. Inaba moved to recommend passage of Bill 109
on first reading. Seconded by Ms. Villegas.
CHR. EVANS: Any discussion? Member Inaba.
MR. INABA: Thank you. Yes,just wanted to recap what this bill is doing. So,
first of all, as we know right now, there is language within this Section relating to
deputies and assistants. They are being removed through this bill since
Section 4-5 of the Charter specifies how deputies, private secretaries and
assistants are either hired or removed by the Director. So, it's making it very
clear that this Section 13-8 is specific only to the department heads themselves.
Next, it ensures that appointments for department heads are submitted within
30 days of every Mayoral term; the beginning of every Mayoral term. Right now,
there's some gray area in this section. If perhaps a new Mayor wanted to hold
over a current director, there is nothing forcing the new Mayor to submit an
existing director for confirmation before the Council.
In addition, as we know, currently the language reads that department heads take
office upon appointment. And this leaves, you know, up to 60 days where an
individual could be serving in this leadership role have access to County
information; make decisions, only to be potentially rejected by the Council. So, it
changes it over from taking office upon appointment by the Mayor to taking
office upon confirmation by the Council.
I did have the opportunity to run all kinds of scenarios with this bill through
Corporation Counsel and with the Department of Human Resources as well. So, I
would as, I believe, our HR (Human Resources) ohana is in the Hilo Chambers.
I'd like to give them the opportunity to chime in on this bill right now. Good
afternoon, if you could, please just share your thoughts on the bill before us?
(Note: At this time, Human Resources Director Summer Tokihiro
came forward to address the members of the Committee.)
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MS. TOKIHIRO: Good morning, Summer Tokihiro, Director of the Department
of Human Resources. We had the opportunity to discuss the bill with Council
Member Inaba, and primarily from an HR perspective, we just wanted to get
clarification for processing purposes. Our office processes all the Personnel
Action Forms, the Form 13's. So, our questions were, you know, basically just
related to the procedure.
Because these are appointed positions, from an HR perspective, we don't have a
comment on the bill, per se, we just wanted to make sure we were understanding
the intent for processing.
MR. INABA: Thank you, Director. So,just bringing it back here to Kona, again,
if a director is removed or departs on his or her own, this bill ensures that the
deputy and the assistant, and the private secretary whoever it may be, can stay.
And if the new director would like to remove any of those positions, they can.
But right now, based on the way the Charter reads, if a director goes, being that
they're the appointing authority, the assistant and the deputy also have to go. So,
we're trying to make very clear, what we want to have happen. And that deputies
and assistants stay on. But, happy to take any questions after Council Member
Villegas has an opportunity. Thank you very much. Chair, I yield.
CHR. EVANS: Okay, Member Villegas.
MS. VILLEGAS: Thank you, Council Member Inaba for really being willing to
tackle this with me and navigate the process. Thank you to HR for being here to
clarify. So, if I'm gathering correctly, there are no issues from the Human
Resources standpoint with these proposed changes.
MS. TOKIHIRO: Correct.
MS. VILLEGAS: Fantastic. That's a huge component there. Many of us who
were in office during the last transition of Administrations, I think we had to
navigate some of these challenges.
For me, I believe it was my first time navigating new appointments, and it just
seemed really ironic and counter intuitive that the Code would say that somebody
doesn't start until they're confirmed by the Council, and yet they already started
way beforehand. And it put one of the directors that was being appointed in a
tricky situation,because of the line of work that he worked in and him already
having started the position.
It would have made him ineligible to go back to that line of work with any of the
clients he'd had for, I believe, a year. So, it really intuitively was being presented
to us to approve the appointment of somebody, but we really didn't have the
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GOEAC-23 December 19,2023
choice because they'd already been appointed; and to disapprove of it, meant that
his career had just kind of been flushed.
So, it also felt like we're asking you to do something that we've already done.
So, after much conversation with different constituents and people who were
long-term residents on the Big Island now, but who have lived and worked in
other municipalities, they brought it to our attention that it's not done in that way
in other municipalities. And they have found a way to navigate and mitigate any
potential circumstances caused by appointments in a new Administration.
This piece of legislation is what Council Member Inaba and I were able to
navigate a path to that would mitigate the issue, avoid the conflict, provide
continuous leadership within the departments,but for a more authentic approval
process and vetting by the Council for approving appointees when we get a new
Administration.
So, trying to clarify some of the things that have been a little vague or provided
opportunities, or you know, loopholes for confusion, that there are means to fix
them and bring this forward for community support. So, I ask for the support of
our colleagues today on this, and I yield. •
CHR. EVANS: Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I have a question for Corporation
Counsel, Judge Strance. And thank you both for putting this forward and
introducing it. I'm going to be supporting it.
Now, I'm trying to think through the Council's confirmation process. And if
memory serves me correct, the only department head to stay on is Corporation
Counsel. Like if there's a new Administration, like I remember when Mayor
Roth was elected, Joe Kamelamela stayed on until you were confirmed by the
Council, is that correct?
(Note: At this time, Corporation Counsel Elizabeth Strance
came forward to address the members of the Committee.)
MS. STRANCE: Good morning, Elizabeth Strance, Corporation Counsel. That
is correct. There's a provision within the Charter that permits the Corporation
Counsel to remain, I believe it's up to 60 days. Yes, the County Charter does
contain provisions that allows the Corporation Counsel to holdover. My
suspicion is that's because Corporation Counsel advises both the Administration
and the Council.
MS. KIERKIEWICZ: Totally understand that. But there is a process in place
already for an existing County department to function in this proposed way. I'll
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be supporting it. I mean, I think the only issue is raised is, a new Mayor coming
in and saying, I've got a new vision, and it's you know, these departments
directors may not necessarily be in alignment with that vision.
But you know what when you think about when folks are sworn into office. It's
amidst the holidays. I think a 30 to 60 (days) transition period where you could
get a potential nominee connected with an existing director. It's a good thing.
And it allows for, I think, a more effective, seamless transition. So, I'll be
supporting it, and you know, do look forward to this going—it's a Charter
amendment, so going to the voters for their mana`o on this. Thank you, Chair, I
yield.
CHR. EVANS: Member Kimball.
MS. KIMBALL: Thank you, Chair. I also intend to support this amendment.
Had one question for the maker and then one comment. The question, actually,
being to the statement you made about deputies, and for being able to stay on. It
expressly states sitting department heads may hold office. It doesn't state
anything about the deputy. So, I'm wondering if that is implied somehow, or that
needs to be amended.
Then,just want to pull up for discussion, the potential of narrowing that
confirmation interval from 60 to maybe 45 (days). I know it's only two weeks,
but I wouldn't want a new Mayor to be in a situation where they were delayed
from having their team in place because the Council stretched it out as long as
possible, which is, I'm sure one of the scenarios that you ran through with
Corporation Counsel. But as I was reading this that's one I could envision in my
head where there were stalling tactics. I hate to say that might happen,but just
wonder if you might consider a smaller interval there. Thank you, I yield.
CHR. EVANS: Member Inaba.
MR. INABA: I'm just going to answer her question. Section 4-5, Powers, and
Duties of Agency Heads within the Charter, it gives the power to these agency
heads to appoint and remove a deputy or assistant, and a private secretary. And
such position shall be exempt from Civil Service laws and classifications. So,
deputies, private secretaries, and assistants are in Section 4-5; then Section 13-8
now becomes very clear,just related to the department heads.
CHR. EVANS: Okay. Member Kagiwada.
MS. KAGIWADA: Thank you, Chair. I just want to be clear. So, department
heads serve at the pleasure of the Mayor, is that correct?
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Where I'm going with that is, if the Mayor does not appoint someone within that
30-day initial field, say they hold someone over and then it doesn't work out one
month later or six months later, they can still decide to change department heads,
and then they would have that 60 days to appoint that new person? I just want to
make sure that that's the intention here. To the maker.
MR. INABA: Chair if I may? The answer is yes.
MS. KAGIWADA: Okay. So, this is really about trying to contain the process
and then also expedite and make sure the Council, you know, approves
appropriately within the timeframe. Okay, I just wanted to clarify that was that.
Thank you, I yield Chair.
CHR. EVANS: Thank you. Member Galimba.
MS. GALIMBA: Thank you, Chair. I am probably not going to support this,
because I think if I was Mayor, I would want to be able to put my team in
immediately. So, that is my initial thinking on this. However, I think Council
Member Villegas did mention something about having done some research and
seeing or talked with other folks who had experienced other places who have
mitigated some of that. So, I would be open to hearing more detail on that.
I guess I would also, and I did see Lee Lord in Hilo. So, I'm wondering if he
wanted to come up if it's okay with you, Chair?
CHR. EVANS: Mr. Lee Lord.
(Note: At this time, Managing Director Lee Lord came forward to
address the members of the Committee.)
MR. LORD: Lee Lord, Managing Director. I appreciate Council Members
Villegas and Inaba and looking forward. I understand everything that's been
discussed so far. The only question I had when I read it earlier, and that I still
don't understand, and it might be helpful to clarify that for other people coming
after and reading it, as pointed out, that there would be leadership continuing on
in these types of situations.
But my concern would be, sometimes when it's a new Administration with a new
Mayor, there's people who are already looking for jobs before the Administration
leaves. They're gone, you know, a month before. So, if there was a director and
a deputy director who were leaving before the Mayor got into his seat, my
concern would be, where would the leadership for that department go?
My concern comes up because we're attempting to, and we've been successful in
ensuring that we're speeding up with all controls. The process is so that our
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citizens and what they come to the County for can be done in an expeditious way
and a thoughtful way. But, without slowing things down and helping them to get
what they need to get done. We're trying to help the citizens move forward.
So, if there's you know, a 30-day before the Mayor gets there and there's 60 days
after; there's three months there. I understand it is holiday time sometimes. But
it's not clear to me where the leadership would come from because, and maybe
Corporation Counsel Strance can clarify this.
I don't think the Mayor has, in the Charter, the power to delegate somebody as the
director if there's no deputy director there. So, that would just be my concern.
Because many times there's many decisions that need to be made by the director
to keep the balls rolling. Issues come up and we don't want to slow the processes
down. So, that was my concern.
CHR. EVANS: So, I believe we have a question to Corporation Counsel.
MS. STRANCE: Thank you. Good morning, Elizabeth Strance. I'd have to look
at that a little bit more carefully. And it's a good point what happens if both
people are provided for in the Charter are gone and there's no way to appoint an
interim. But that's something that we can look at between now and the next
meeting. And I would probably also be consulting with DHR (Department of
Human Resources) about that as well.
CHR. EVANS: So, to restate that, take a look at what might happen if we need to
have an interim just in case there's a very small overlap time between the next
Mayor.
MS. STRANCE: Yeah, I'm just kind of thinking out loud, there are a couple of
agency heads that have independent authority from the Charter with two of their
appointments. So, for example, the Department of Housing has relationships with
the State and Federal Governments, and Mass Transit does too. And so, what that
would mean for contract administration and authority during that time is
something that I haven't thought about, and I have to tease out a little bit and get
back to you.
CHR. EVANS: Thank you. Member Villegas.
MS. VILLEGAS: It might be a little naive, but just kind of, you know, what
comes to mind is, the department heads are appointed, but the other people that
serve in the departments are civil servants. Many of them have worked there for
decades, and what I've seen and witnessed as one of the challenges is, you know,
is in government different people get elected, which can be positive mind you.
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But we have the potential to shift every two years. So, our visions and our
priorities shift. And a different Mayor can come in every four years and then with
it new department heads. But the staffing remains pretty solid. With that is
historical knowledge, and there is a wheel that does keep moving. Sometimes we
want the wheel to move in different directions or to move a little faster, and there
can be challenges with immobility.
But I suppose in the grand scheme of things for me, there's always a potential of
people not being there in positions of leadership for whatever reasons. One of the
other Charter amendments, we you know, Council Member Evans worked really
hard to try and solidify based on every potential circumstance, and I don't think
that's possible in life. I mean, I know I can barely do that with all the variables
that face me on the daily.
But the intentionality of this Charter amendment is to take something that is
counterintuitive and does not make sense. But if you're saying that someone
can't start a job until they're confirmed by us, they start the job. And then we're
supposed to confirm them. That's not—that's deceptive, essentially.
MS. STRANCE: So, to be clear Council Member, I'm not talking about
operationally, because you're absolutely right. The narrow issue that I would
want to look at is whether there are certain legal requirements that accompany a
position that cannot be delegated. And so, that would be the information that I
would be providing to you.
The rest of it is policy considerations. But just because I hadn't thought about it, I
just want to look at it. But I'm not suggesting that a department can't run,
because you're absolutely right, there's a lot of people that are already working.
It's just an authority kind of issue, and you know, it might be that it just slides
over to the Mayor during that time.
MS. VILLEGAS: Wouldn't it just stay with the people? If the people who are
already in those positions remain in those positions until new people are approved
by Council, wouldn't then, that authority just remain with them?
MS. STRANCE: There are certain types of authority that are, like contract for
example, that are within a department, and that has certain connotations and
obligations. And so, whether you could assign a civil service, union employee
certain responsibilities that aren't part of their job description, I don't know.
Whether there might be some independent contractual monitoring,reporting kinds
of things?
MS. VILLEGAS: Can I quickly just clarify? What your thinking is based on the
premise of potentially the director and the deputy director being gone; them both
leaving for that three-month period. That's the premise?
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MS. STRANCE: Yeah, that's the hypothetical that was put to you.
MS. VILLEGAS: Okay, got yah. So, that's just to ensure that, if that were to
happen, there is another route and alignment to avoid any potential discrepancies
or illegal issues or whatnot?
MS. STRANCE: I don't know, if there were, it would be consequence. It would
be an explanation with legal consequence or not. It was just asked as a question
and I don't know the answer.
MS. VILLEGAS: Okay, no worries. I just wanted to make sure that that concern
was related to the potential circumstance that was brought up, which surely is a
potential circumstance. But I guess, I suppose to me and all the many variables in
the world. I don't see that being something that would be as highly likely to
happen, but I appreciate your complete and thoroughness. And I appreciate
Mr. Lord pointing that out.
But just once again going back to the intentionality of the legislation and pointing
out the disparity of the current way that it happens. But that's what this Charter
amendment has for intention, to really bring that into alignment in the actual truth
in what's happening. So, I yield.
CHR. EVANS: Member Kimball.
MS. KIMBALL: Thank you. And thank you Director Lord for bringing up that
concern. So, I think Judge Strance, there actually with DPW (Department of
Public Works) and I could be wrong; with the Director of DPW and their role as
Engineer. I actually think they have some authority that they can't transfer
subordinates. That would be the first place I would look.
But I think, to the maker, there does need to be something in here in a unique
scenario where director and deputy director choose to depart prior and we need
that filled, there's ability to do an interim until such time as the Council confirms.
So, I see that concern, and I appreciate Director Lord for bringing that up. Thank
you, I yield.
CHR. EVANS: In Hilo, Member Lee Loy.
MS. LEE LOY: Thanks, Chair. I appreciate all the conversation. I'm still kind
of on the fence right now, because there's a lot of transitioning that happens when
a Mayor is elected. But then also some transition when a Council Member comes
in.
Reflecting back on my time on the Council, we had an opportunity to seat certain
directors. Then other Council Members came in during that term, and they
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weren't able to weigh in on that director. And so, at the end of the day where I'm
landing is, the Administration has to administer and do the work.
We have a responsibility to legislate, and that's what we're doing here, where I'm
having a lot of stutter steps is this kind of area of 60 days. Like, who's running
the ship? And I get it, government kind of runs itself, and we touched upon that.
So, definitely, it's the Director of Public Works because there's a requirement
there. And I've seen in the past, where the director is a licensed engineer, but the
deputy is not. So, to pass that, I don't think it's possible. But what doesn't make
sense to me in that situation is the Mayor becomes the executor. And he is not an
engineer. And so, you know, there's all these kinds of wonky places where
there's these duties and responsibilities that lay on their technical experience, and
training, and licensing that we can't solve in this. But in the end, the Mayor is
actually the Chief Executive Officer and gets to sign.
You know, I'm all for putting it forward to the voters to vote. I love that, when
the electorate has to decide, I'm just trying to figure out how to tell this story to
them. If it's good or bad or you guys got to figure it out on your own. I am
though, concerned that the legislative body puts the Administration in this
purgatory for a little while without things having a very smooth transition, that's
where I'm at. Those are my thoughts. I yield.
CHR. EVANS: Okay, Member Inaba.
MR. INABA: Thank you everyone for your comments. You know, that was
something that we did discuss, if the director and deputy both decide to leave. Or
say, if they decide to leave at noon on that first Monday, who is in charge?
Whether it be the Mayor or Executive Assistants.
In the case where there are certain requirements like DPW, that is something we
could perhaps open to including in language for a temporary commission that
would expire upon, you know, the Council taking action. That does exist in the
City and County of Honolulu's confirmation process. So, that's something that
we could possibly take up. As long as it's not somebody who is the nominee
themselves. Because it would defeat the purpose of what we're doing here.
But you know, if there is a, let's say a Division Chief in DPW who is able to
make those decisions and has the qualifications required by the Charter, if in fact,
they do need those credentials to make the decision, that would be something that
I could provide in an amendment at the next reading.
But I think that would be the only major change here, if worse came to worse, and
everybody said, whereout, yeah, we could put in a provision for a temporary
commission. Thank you. Happy to take any other questions if there are any.
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CHR. EVANS: Okay. Member Kagiwada.
MS. KAGIWADA: Thank you. Just real quick. I am supportive of this going to
the people for a vote. I do like the idea that Council Member Kimball suggested,
which was reducing that 60-day time the Council has, to 45 days. Because I think
if we're going to put the Administration on a tight time schedule, we should try to
put ourselves on a tight time schedule as well to try to move things along. But
other than that, yeah, happy to support. Thank you.
CHR. EVANS: Okay. Hilo?
MR. KANEALI`I—KLEINFELDER: Thank you, Chair. I'll be supporting this
Charter amendment today in the bill form. Having sat through different
Administrations and watching change over from department heads and
understanding the concerns brought up by Corporation Counsel and the Council
Members, I like where this is headed.
I do feel it's problematic to have appointees that have not been confirmed running
a department. It just doesn't lend itself to good governance. And I apply this
towards business as a whole. I've had many conversations around this topic with
different people. But any business that was required to roll over its administrative
staff every four years or less would have a hard time operating. So, kudos to their
staff who are continually in their positions who continually show up and do their
job.
But in government, the way that we are set up creates this very constant rollover
of staffing and employees in the leadership positions. And if you applied that
towards any business from a small business to a major corporation and you
required a rollover of leading personnel every two to four years, I'd be interested
to see the result of that in the business sector. It may not be the business sector,
but the idea of changing leadership continuously does not lead itself to better
governance. It just creates rollover and more constant change. Maybe for good,
maybe for bad.
So, I like the direction of this bill. I'm always interested to see, you know, how
the Council responds to watching different changes that we've all been through.
So, I'll be supporting this today. And thank you to the makers for bringing it up.
I do have an interest to hear what Ms. Strance comes back with in regards to the
abilities of a director, who has not been confirmed, acting as a director. That is
interesting. Okay, I yield, Chair. Thank you.
CHR. EVANS: Thank you. Okay, I'd like to offer just a comment. The big
question is, what would happen today? I think the Managing Director Lee Lord
has given us a scenario. If it happened right today, how would you interpret it?
I'm just saying, how would you interpret what we currently have in front of us?
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That to me would be interesting. You don't have to answer that question,but I'm
thinking that, right, what would you do today? Because we now know something,
you know.
But more importantly, I'm a regulator in continuity of operations, and I appreciate
you bringing up that fact that there may be an interim period where some critical
decisions are to be made, but you have to have certain criteria and certain
qualifications to make those decisions. So you know, continuity of government;
how we continue operations in an emergency, let's say.
Unfortunately, you know, someone might—you get the deputy director, they get
killed in a car accident. You know, you still have continuity of operations. It has
to go on until you go through what this process is that we're talking about. So,
you know, I look forward also to getting your research and your feedback on this.
I like the fact that we're addressing it. I think it needs to be updated,but it'll be
great to have a little more information on that along that line. So, appreciate
everybody. I think it's been a really good conversation. Member Inaba.
MR. INABA: Yeah, right now we know what would happen. A new director
would be appointed by the Mayor and could start the job as soon as the
appointment was sent over to us. Then you know, in that role already, they could
hire a new deputy. That's what happens now, and that's why we want to change
over to a model where we will for sure get somebody within 60 days to confirm or
deny before this Council.
But ultimately, there's this accountability that people don't start before the
Council confirms them and start making decisions in that interim either. So, I'll
work with Corporation Counsel to iron out all of the questions that have been
asked today. Especially with regards to certain directorships that have certain
prerequisites for the position and making sure that we address that via an
amendment. And I do intend to bring forth that amendment for an interim
commission appointment that would expire once the Council takes action on a
nominee.
Then, I'll also run through—I was looking through the calendar already for next
year. You know, 45 days versus 60 days, and it could force us to perhaps only
have one meeting before the Council. So, I'm not sure if we want to force
ourselves that way either. But I'll prepare something so that we can have that
discussion at the next reading and make a decision, whether we're going 45 or 60
(days) or keep it at the 60, which it currently is.
But yes, thank you everybody for the comments. Really appreciate it, and as I
shared with the Director of HR, no matter how many scenarios you come up with,
there's always more. And I'm sure there's going to be more in the future
readings. So, thank you.
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CHR. EVANS: So, to the authors, are we going to postpone this to the next
Committee Hearing?
MR. INABA: I would prefer to move this to Council being that there's just two
specific areas that I'll put in two different amendments, and we can discuss that at
first reading. Hopefully, at the beginning of January in Hilo. Thank you.
CHR. EVANS: Member Lee Loy.
MS. LEE LOY: Yeah, Chair. I support moving it forward. This is a Charter
amendment which is three readings at Council. So, we have a lot more swings at
this and a lot more time. But I also know we need to get it ready to get on the
ballot. So, support it moving forward.
CHR. EVANS: Okay, thank you. So, we have a motion on the floor. All in
favor? Any opposed?
Vote on Bill 109: The motion to recommend passage of Bill 109 on
(Approved) first reading was carried by the following roll call vote:
Ayes: Committee Members Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair Evans—8.
Noes: Committee Member Galimba— 1.
Absent: None.
Excused: None.
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GOEAC-23 December 19,2023
ADJOURN- There being no further business, at 12:50 p.m., Ms. Lee Loy moved to adjourn
MENT: the meeting. Seconded by Mr. Inaba and carried by the following voice vote:
Ayes: Committee Members Galimba, Inaba, Kagiwada,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Lee Loy, Villegas, and Chair Evans—9.
Noes: None.
Absent: None.
Excused: None.
CHR. EVANS: We are adjourned at 12:50 p.m.
Approved:
Ojh
Ms. Cindy Evans, C (Date)
Committee on Governmental Operations
and External Affairs
CE/dt
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