HomeMy WebLinkAboutMIN FC 2025/07/22 (2024-2026) DRAFT Committee on Finance
15th Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
July 22, 2025
CALL TO The regular meeting of the Committee on Finance was called to order at
ORDER: 9:04 a.m., in the Council Chambers, Kailua-Kona by,Mr. James E. Hustace,
Acting Chair.
ROLL CALL:
Present: Mr. James E. Hustace, Vice Chair
Ms. Michelle M. Galimba, Member(yia videoconference from Hilo)
Ms. Jenn Kagiwada, Member
Ms. Ashley L. Kierkiewicz, Member(via Videoconference from Hilo, came in later)
Ms. Heather L. Kimball, Member
Mr. Dennis "Fresh" Onishi, Member
Ms. Rebecca Villegas, Member
Absent& Excused: Mr. Holeka Goro Inaba, Member
Mr. Matt Kaneali`i-Kleinfelder,Chair
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: (There were none.)
COMMUNI The Chair directed the Committee to proceed to the next order of Business,
CATIONS: Communications.
Comm. 23.16: REPORT OF FUND TRANSFERS AUTHORIZED: JUNE 1 — 15, 2025
From Controller Jon Arbles, dated July 1, 2025.
Motion to Close File: Ms. Kimball moved to close file on Comm. 23.16.
Seconded by Ms. Kagiwada.
ACTING CHR. HUSTACE: Members, any discussion? Mr. Onishi, please.
MR. ONISHL Thank you, Chair. Is Fire or Finance in the audience in Hilo?
MS. GALIMBA: They're coming up.
MR. ONISHL Thank you. You can introduce yourselves.
FC-15 July 22,2025
(Note: At this time, Fire Accountant Nikki Konanui and Professional
Trainee Isabelle Fa`agata came forward to address the members of the
Committee.)
MS. KONANUL Good morning. My name is Nikki Konanui. I'm an Account I
at Fire.
MS. FAAGATA: Good Morning. My name is Isabelle and I'm a Professional
Trainee at Fire.
MR. ONISHL Okay. And I guess we got to see you folks at the last Council
Meeting because one of your colleagues got awarded, right, for her outstanding
work?
MS. KONANUL Yes.
MR. ONISHL And I really appreciate your guys hard work. I'm just wondering,
this transfer of funds from the Ocean Safety regular`salaries and wages (S&W),
which is $390,000, and it's going to Fire Operations Overtime. So my question is
I though you folks didn't have money in that account, salary and wages, to
provide more manpower: ;So during this recentbudget we included more funding
for you folks to get permanentlike Ocean Safety personnel for the beaches in Hilo
in Keaukaha. So I'm just wondering what's going on?
MS. KONANUL Sorry. I apologize in advance. A representative is on their way
to answer these questions. They're in a quarterly meeting right now right next to
us, so I did inform them that your do have questions and that they're on their way.
MR. ONISHI; Okay. Thank you. So Mr. Chair, I don't know if we could maybe
table this until Fire comes back?
ACTING CHR.'HUSTACE: There are other items on this particular
communication so if there's
MR. ONISHI: Okay. So I'll yield for now and see what happens.
ACTING CHR. HUSTACE: Any other questions on this item before we consider
a motion to table? Any particular questions on any item with
Communication 23.16, Members? Council Member Galimba,just want to check
in with you at all.
MS. GALIMBA: Thank you. I believe that the person who will be able to
answer this has just walked in, our awardee from last time. Thank you for coming
over.
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FC-15 July 22,2025
ACTING CHR. HUSTACE: Thank you, Council Member Galimba. So I'll pass
it back to Mr. Onishi to ask his question.
MR. ONISHL Thank you, Chair. So I'm just wondering, so this past budget
Finance helped me in getting funding to help provide temporary part timers of
Ocean Safety staff to full time, and those were like two positions in Hilo and one
in Puna. But now when I'm looking at this transfer of funds you folks have
Ocean Safety regular salaries and wages of$390,000 transferring to the Fire
Operations overtime. So I don't understand, or I don't know if Director of
Finance can help explain?
MS. GALIMBA: Director Nakagawa's corning up.
(Note: At this time, Finance Director Diane Nakagawa came forward to
address the members of the Committee.)
MS. NAKAGAWA: Yes. Good morning, Council Members. Diane Nakagawa,
Finance. Happy to answer your question, Council Member Onishi. So what you
see in front of you in the request to transfer is actually for fiscal year 2025. So
this is covering the period of July 1, 2024 to June 30, 2025. And normally what
you see at the end of theyear is that any vacancies will be supplemented with the
overtime that's needed. So the funds that you have in S&W get transferred to the
overtime account and this is for last'year. So the positions that you mentioned are
for fiscal year 2026 in this budget.- So Fire can look at that appropriately in the
currents fiscal,year.
MR. ONISHL Okay. And just that if there was money in there then they
should've like maybe restructured how the positions or filling,you know, moving
funding from the salaries and wages to other positions, right, where I think later
today in this committee we're going to be doing something like that at the County
Council budget: And also in P&R (Parks and Recreation) in their summer fun
program is the same way, that they have all these open positions that are not
filled,right? And so,to me, if they aren't going to be using it then we should be
using it for other needs that we need more positions at. But, okay. Thank you.
Thanks, Chair.
ACTING CHR. HUSTACE: Thank you, Council Member. Any other questions
from the body on this communication? Okay. Seeing none, all those in favor of
closing Communication 23.16 please say "aye."
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FC-15 July 22,2025
Vote on Comm. 23.16: The motion to close file on Comm. 23.16 was carried by
Filed the following voice vote:
Ayes: Committee Members Galimba, Kagiwada,
Kimball, Onishi, Villegas, and Acting
Chair Hustace—6.
Noes: None.
Absent: Committee Members Inaba, Kaneali`i-Kleinfelder,
and Kierkiewicz—3.
Excused: None.
ACTING CHR. HUSTACE: Next item please.
Comm. 98.2: FOURTH QUARTER REPORT OF PERSONS EMPLOYED UNDER A
CONTRACT FOR LESS THAN 90 DAYS: APRIL 1 —JUNE,30, 2025
From Human Resources Director Sommer J. Tokihiro, dated July,1,2025,
transmitting the above reports pursuant to Section 2-12.5 of the Hawaii County
Code.
Vote on Comm. 98.2: Ms. Kimball moved to close file on Comm. 98.2.
Filed Seconded by Mr.,Onishi and carried by the following voice
vote:
Ayes: Committee Members Galimba, Kagiwada,
Kimball, Onishi, Villegas, and Acting
Chair Hustace—6.
Noes: None.
Absent; Committee Members Inaba, Kaneali`i-Kleinfelder,
and,Kierkiewicz—3.
Excused: None.
ORDER OF The Clair directed the Committee to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 240-25: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR
AGREEMENT FOR BODY CAMERA EQUIPMENT, MAINTENANCE AND
STORAGE
Authorizes the Mayor to enter into a five-year agreement with Axon Enterprise,
Inc. to acquire 400 Axon body worn cameras, maintenance and cloud-based
storage to be used by the Police Department. These body worn cameras are to
replace units that are damaged, destroyed or obsolete.
Reference: Comm. 384
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
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FC-15 July 22,2025
Motion to Approve: Ms. Kimball moved to recommend adoption of
Res. 240-25. Seconded by Mr. Onishi.
ACTING CHR. HUSTACE: Any discussion on Resolution 240-25? Council
Member Kimball, please.
MS. KIMBALL: Yeah. I'm not sure if I'm missing it but I'm not seeing a value
associated with this amount. So if Finance or HPD (Hawai`i Police Department)
could clarify?
(Note: At this time, Police Accountant'Hau`oli Aiona came forward to
address the members of the Committee.)
MS. AIONA: Good morning. Hau`oli'Aiona, Accountant for Hawaii County
Police Department. It is a multiyear. The value would be at$ .4 million, but we
enter in a contract annually, which is about$480,000. We also appropriate it in
our budget annually.
MS. KIMBALL: Okay. I'll reach out to our Finance Chair. It does seem like
that should be documented somewhere in either to resolution or the B-52 before
we do final approval. So an amendment may be needed. Thank you. I yield,
Chair.
ACTING CHR. HUSTACE: Thank you, Council Member. Any other questions
on Resolution240-25? Appreciate the question, Council Member Kimball. That
was something I,was looking for as well on that. So we need to make that
amendment going forward. Any other discussion before we move forward?
Okay. Those in favor of moving Resolution 240-25 to Council with a favorable
recommendation please say "aye"
Vote on Res. 240-25: The motion to recommend adoption of Res. 240-25 was
(Approved) carried by,the following voice vote:
Ayes: Committee Members Galimba, Kagiwada,
Kimball, Onishi, Villegas, and Acting
Chair Hustace—6.
Noes: None.
Absent: Committee Members Inaba, Kdneali`i-Kleinfelder,
and Kierkiewicz—3.
Excused: None.
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FC-15 July 22,2025
Res. 241-25: ACCEPTS THE DONATION OF SECURITY CAMERA SYSTEMS TO THE
COUNTY OF HAWAI`I DEPARTMENT OF PARKS AND RECREATION
The donation of security camera systems from Blue Shield Security Hawaii, with
an estimated value of$4,500, would be installed at the Pana`ewa Park and
Covered Play Courts in Pana`ewa Hawaii.
Reference: Comm. 385
Intr. by: Council Member Kaneali`i-Kleinfelder (B/R)
Motion to Approve: Ms. Kimball moved to recommend adoption of
Res. 241-25. Seconded by Mr. Onishi,
ACTING CHR. HUSTACE: Discussion, Members? Council Member Onishi.
MR. ONISHL Thank you, Chair. Is anyone from Blue Shield Securitymin the
audience?
MS. GALIMBA: Sorry. No one is.
MR. ONISHL Okay. Finance Director or Darks and Rec?
MS. GALIMBA: Parks. Yes. Parks.,is available.
(Note: At this time, Recreation'Director Alex Walker and Hilo Recreation
Manager Royden Chow came forward to address the members of the
Committee.)
MS.WALKER: Good morning. I'm Alex Walker, Recreation Director at the
Pana`ewa facilities.
MR. ONISHI: Royden?
MR. CHOW: Good morning. Royden Chow, Hilo District Supervisor for
Recreation.
MR. ONISHL Thank you. Good morning. This is great. I like this. Maybe we
can work together and see if we can do this same system up at Waiakea Uka since
they got vandalized too, and theirs one was major, right?
MR. CHOW: Correct.
MR. ONISHL Yeah. Okay. So I'll have my office contact you folks so that we
can maybe work with this Blue Shield Security to see if, you know, we can
purchase some of that system for Waiakea Uka. Is that okay?
MR. CHOW: That would be great.
Page 6
FC-15 July 22,2025
MR. ONISHL Okay. Thank you. I yield.
ACTING CHR. HUSTACE: Thank you, Mr. Onishi. Any other questions on
Resolution 241-25? Thank you, Parks, for being here. Members in favor, please
say "aye."
Vote on Res. 241-25: The motion to recommend adoption of Res. 241-25 was
(Approved) carried by the following voice vote:
Ayes: Committee Members Galimba, Kagiwada,
Kimball, Onishi, Villegas, and Actingt
Chair Hustace—6.
Noes: None.
Absent: Committee Members Inaba, Kdneali`i-Kleinfelder,
and Kierkiewicz-3.
Excused: None.
Res. 242-25: TRANSFERS/APPROPRIATES AND APPROPRIATION OUT AND FROM
THE DESIGNATED FUND ACCOUNT AND CREDITING SAME TO A
DESIGNATED FUND ACCOUNT
Transfers $5,000 from the Liquor Control/Public Programs account to the Sundry
Refund account to return funds to the General Fund;
Reference: Comm. 386'
Intr. by: Council Member Kdneali`i-Kleinfelder (B/R)
Motion to Approve: Ms. Kimball moved to recommend adoption of
Res. 242-25. Seconded by Mr. Onishi.
ACTING CHR. HUSTACE: Members, any discussion on the resolution?
Mr. Clerk, is there something else to add to this resolution here?
MR. BROWN: Yes. If you don't mind, Chair, I just wanted to let the body know
that Finance had made us aware that they are going to be changing an account
number in'this resolution. So working with LRB (Legislative Research Branch)
there will be an amendment to the resolution just making that correction. And
being that there is one more reading at Council I think that should be okay where
you guys can approve it at the Council level with the amendment in place for you
guys to consider at Council.
ACTING CHR. HUSTACE: Thank you, Mr. Clerk. Any further discussion or
questions? I believe is Finance available for this one or Liquor Control, I guess?
Thank you, Director. I just had a question if you could clarify what happened
here? There seems to be a mishap with this contingency fund request. Just a
broad overview of how it happened and how we can avoid this going forward?
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FC-15 July 22,2025
(Note: At this time, Finance Director Diane Nakagawa came forward to
address the members of the Committee.)
MS. NAKAGAWA: Sure. I'll let Liquor describe what actually happened with
this particular grant. But what we're doing here in this resolution is actually
getting it back into the general fund since it was not spent. But for the issue, I'll
let Liquor explain.
ACTING CHR. HUSTACE: Thank you, Director.
(Note: At this time, Liquor Control Professional Trainee Nyssa Hatori
came forward to address the members of the Committee.)
MS. HATORL Good morning. Nyssa'Haton, Professional Trainee with the
Department of Liquor Control. I guess what had happened was the grantee was
Na Pulapula Inc., and they weren't able to provide sufficient insurance"document
to meet the contract requirements, so itwas actually flagged in the routing process
then they decided to pull back this a just forfeit the funds, so forfeit receiving the
funds.
ACTING CHR. HUSTACE: Thank you, Ms. Hatori. It seem that we went down
pretty far to have a resolution to award it though and then had to come back and
transfer it back out then.
MS. HA'TORI: Yeah. Correct. Unfortunately, it was overlooked in my review,
and it was flagged later in the process.
ACTING CHR,HUSTACE: No problem. I appreciate you catching that and
working on this correction here. Thank you, Ms. Hatori. Thank you, Director.
Appreciate your time on this;
MS. NAKAGAWA: Thank you.
ACTINGrCHR. HUSTACE: Members, to forward Resolution 242-25 to Council
with a favorable recommendation please say "aye."
Vote on Res. 242-25- The motion to recommend adoption of Res. 242-25 was
(Approved) carried by the following voice vote:
Ayes: Committee Members Galimba, Kagiwada,
Kimball, Onishi, Villegas, and Acting
Chair Hustace—6.
Noes: None.
Absent: Committee Members Inaba, Kaneali`i-Kleinfelder,
and Kierkiewicz—3.
Excused: None.
Page 8
FC-15 July 22,2025
Res. 244-25: AMENDS SECTION 3(B) AND SECTION 7.01(A) OF ORDINANCE
NO. 25-39, THE SALARY ORDINANCE OF 2025, TO ESTABLISH AN
OPERATIONS MANAGER POSITION WITHIN THE LEGISLATIVE
RESEARCH BRANCH
Reference: Comm. 389
Intr. by: Council Member Kdneali`i-Kleinfelder (B/R)
Motion to Approve: Ms. Kimball moved to recommend adoption,of
Res. 244-25. Seconded by Ms. Kagiwada.
ACTING CHR. HUSTACE: Council Members, do you have any questions or
discussion? We also have our Clerk here to provide some insight into this
resolution. Would you like to start offwith'the Clerk? Clerk Henricks, please.
(Note: At this time, County Clerk Jon Henricks came forward to address
the members of the Committee),
MR. HENRICKS: Thank you, Vice Chair Hustace, Members of the Finance
Committee. This resolution is relatively simple.What it is it's an organizational
change that by creating thi�s'position what we're ready doing is as you know you
have met some people that have joined our LRB team. Every position in LRB is
now full, we have no vacancies, and,part of that is just to build up that division
within our department. And that's really how I'm looking at the Legislative
Research Branch as a Division,as much as Support Services, Council Services,
and our Elections Division. They do very important work. So when you start to
expand in that way where you have more employees, more responsibilities, and
also we look to be doing more things in the future.
We've already seen some changes coming through where now we are in the
process of trarisitioning to where all the legislation that comes before you
regardless of its origin is reviewed by LRB with the hope and the belief that there
will be information that will assist not just the Council but the public as well to
know exactly what is coming before the Council to determine whether or not it's
something that they are interested in.
Previous example you gave, there is a resolution where there wasn't quite enough
information for the Council's comfort level. So one of the goals is then to make
sure that when things come through, they're as complete as possible, anticipating
what the Council needs to know at least to have a good starting point for
discussions. That's just one of the areas where LRB will be expanding. I
anticipate that there will be more opportunities for Council Members to ask
questions of Legislative Research Branch when it comes to research questions for
specific matters of the Council, but also more broad subject matters.
With that growth becomes more responsibility and at a certain point I believe
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FC-15 July 22,2025
it's then critical to have a really proximate oversight of the operations, and at that
point you need a division leader or supervisor. And quite frankly, the best title I
could come up with is Operations Manager. It may not be the best title in the
world but it's what I came up with for now.
So the goal is very simple. It's to make sure that the staff in the Legislative
Research Branch has direct oversight within the office itself,provide guidance,
vision, and just basically administrative oversight of what's occurring there,
which will then free up the Deputy Clerk and Clerk to take on more of a
consultive role to that division leader to work closely with them, to make sure that
we're doing everything that we're required to do. And we're doing it at a very
high level, and that we're providing services not just to the Council but the entire
County. And again, with the consistent approach of that,we are also working for
the community to make sure that they Have an opportunity to engage in this
process. So this is about growth and'with that growth again comes the
responsibility to have again more clear, consistent, and approximate supervision
of those responsibilities on a day to day basis..
This has been looked at many times over the years and I wanted to implement this
is the past. So the time is right now as far as I'm concerned. So I'm hoping
council will agree and will strongly consider this organizational change. And I'm
happy to answer any questions that you may have at this point and time.
ACTING CHR. HUSTACE: Council Members, any questions? We'll start off
with Council Member Onishi.
MR. ONISHL Thank you, Chair. Good morning.
MR. HENRICKS Goad,morning.
MR. ONISHI: In yourwhereas Number 5, it says the Council finds that
establishing an Operations Manager position within the Legislative BranchI
didn't get any contact on how important it was.
MR. HENRICKS: Sure. Yeah.
MR. ONISHL So I think what should've been done first was that get feedback
from the Council Members first before you folks move forward on trying to, I
guess, promote one of the positions that you folks already have established.
Second is I understand what you're saying but then the Clerk's Office also sent
out to all the departments that now with the legislation they need to prepare
everything prior and then come into LRB for finalizing, right?
MR. HENRICKS: Mostly to a certain extent. There's also the opportunity for
departments to submit their proposals and the LRB would actually draft the
resolution or bill working with them to accomplish that. Or they could submit
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FC-15 July 22,2025
their drafts and they would work with that department then to bring it to its final
form.
MR. ONISHL Because I did talk to some of the departments and they were kind
of like not understanding how the whole process is, right?
MR. HENRICKS: Right.
MR. ONISHL And so to me, would've been where you set up your staff first to
make sure you can,you know, be able to provide that services to the departments
and then reach out to department and making sure they understand what the
process is going to be.
MR. HENRICKS: Sure. Yeah. Understood.When we undertook this transition
to that specific, what you're talking about,you know, I had to adept that it wasn't
going to be an entirely smooth process and there was going to be some confusion
perhaps and misunderstandings along,the way:So we've been working really hard
with individuals and also having meetings with people to iron it out knowing that,
you know, it will take a little bit of time for people to come accustomed to that for
sure. Yeah. We have been working really hard to communicate that and we've
been working really hard to emphasize that what we are really trying to do
is to help the departments in every way possible to accomplish what they need to
accomplish when the departments are required to work with the Council to move
forward on their projects and programs'.
MR. ONISM: Okay. The other thing is during our budget hearings, right, this
was never mentioned.
MR. HENRICKS I might have touched upon the fact that we were going to be
hiring additional people and that we're looking at a structural change but nothing
specific during the budget process. No.
MR. ONISHL So within the budget, was this money or funding put on the side or
was it increased without the council knowing?
MR. HENRICKS: Well are there funds specifically allocated for this position?
No. However, that being the case this isn't a new position that isn't unfunded.
We are taking essentially a position that already exists that is funded. There may
be likely be an increase but that can be absorbed in excess, you know, over time
or other areas where there is funding for salaries and wages. And it should not
cause any issues where it would require a budget amendments or anything of that
nature.
MR. ONISHL So this position right now without being upgraded, what is the
highest on the scale?
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FC-15 July 22,2025
MR. HENRICKS: If you look at I believe Page 2 at the top, there is a salary
schedule. Yeah. So the highest would be
MR. ONISHL No. Not as an Office Manager, but at that present position?
MR. HENRICKS: It's whatever is in the salary ordinance under LE-1 as the
highest step. Yeah.
MR. ONISHL Okay. Because, I mean, if you look at themaximum LE, it's like
almost$100,000.
MR. HENRICKS: Correct. Yeah.
MR. ONISHL And your supervisors for your Council Services,„are they about
that same level too?
MR. HENRICKS: No. But the reality,there is that they're under collective
bargaining and differences, things of that'nature, that we have relatively little
control over. But knowing what the responsibilities are going to be and the daily
challenges of making sure that this role is performed in a matter that is expected
to be, and in looking at other structures in different counties and how they are
operating in the same way, what we have right there as far as the proposed salary
schedule I believe is more than fair; Especially when look at the Legislative
Specialist that would be working under the Operations Manager and what those
salary structures, you know, where they start and what they possibly can be, I
believe it's a fair starting pointto make sure that it's an appropriate hierarchy of
salary structure, if you will, thata supervisor certainly would be generally. But
there will be salary inversion issues too. If you're familiar with those situations in
Fire and Police where you have people that are working there for a very long time
and have risen pretty high. So they'll be pretty close to what the Operations
Manager would make at that point and time because of their tenure. Yeah.
MR. ONISHL My ether last thing is has this position already been tentatively
filled or appointed?
MR. HENRICKS: Not officially. But I definitely have a plan in place and
we have been working towards that transition so that it's not going to be abrupt.
Yeah.
MR. ONISHL So my question is, are you going to open this up for anyone?
MR. HENRICKS: No.
MR. ONISHL It's going to just be appointed to someone?
MR. HENRICKS: Correct.
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FC-15 July 22,2025
MR. ONISHL So where is the transparency? How can we just appoint someone
whenever we want?
MR. HENRICKS: To be fair, that would be a matter of trusting me as the Clerk,
as the administrator of the office to be doing something that is in the best interest
of the office that is based upon my experience and what I believe is in the best
interest of the office to operate.
MR. ONISHL When you hired these two new staff nn LRB, did they have to go
through a process?
MR. HENRICKS: We did do a recruitments and we did do interviews, and we
selected two people out of the seven people we interviewed on our own accord.
MR. ONISHL And that's transparency.
MR. HENRICKS: True. But also not unlike,Council Members hiring,you know,
legislative assistants or district staff. These,at will positions
MR. ONISHL But I think that's who different,we're talking about apples and
oranges. As Council Members, we have our ability to do that.
MR. HENRICKS: Yeah.
MR. ONISI: Right. And then we answer to our constituents.
MR. HENRICKS: Sure enough;
MR. ONISHI; And so we try to get staffing that will help us in the office but
also within'the communities, right? So your situation is different.
MR.'HENRICKS ,Okay. I look at it this way, it's ultimately I'm accountable
and responsible for the operations within LRB. I generally appreciate the trust
that the council has placed in me to make sure that when I do those things and I
make decisions, that they are very well thought out and very considerate and
they're made based upon experience and they will produce the desired results.
They are in the best interest of the office, and I generally have received that
support. I apologize if you feel like you were not included in these things, but
thatis just generally how I have approached these things in the past.
MR. ONISHL Well I'm just saying is that there is a process and you've done
that to fill other positions, but with this one,you're not doing that.
MR. HENRICKS: No. Yeah.
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FC-15 July 22,2025
MR. ONISHL And you're just going to be appointing and asking us as Council
Members to trust you in your decision.
MR. HENRICKS: Yes, I am.
MR. ONISHL Right.
MR. HENRICKS: Yes. That's exactly what I'm doing.
MR. ONISHL And to me, That's not right.
MR. HENRICKS: Okay.
MR. ONISHL Yeah. So, I will yield right now, Chair, and'I will listen to other
members if they have any comments. Thanks.
ACTING CHR. HUSTACE: Thank you, Council Member. Open up to the floor
again. Council Member Kagiwada.
MS. KAGIWADA: Thank you. Thank you for being here, Mr. Henricks, and for
this proposal. It makes a lot of sense to me as for as,you're growing the group
and needing somebody right there. My question is more around the timing. You
talked about basically departments being able to come directly LRB. I guess I
have some concern over it is the Council's job and only the Council's job to put
legislation,forward
MR. HENRICKS: Right.
MS. KAGIWADA: So this expansion seems to be a service to the administration
to some extent?
MR.'HENRICKS ,I look at it this way. When the administration, and I'll use the
word required because it's usually mandated, comes to the Council with
resolutions and bills that they can move forward and exercise their programs and
things of that nature. It is the Council's business. And what we're trying to do,
with that in mind, is ensuring that the legislation that the Council reviews at the
request of the administration is consistent and in the same form as the legislation
that you introduce on your own initiative. Almost as if, you know, a committee
chair would say, hey, here's these matters that are coming before my committee.
This department wants me to do this. I'm going to introduce this bill and then the
expectation is then that it would be reviewed by LRB because essentially that is
what LRB does. Other than maintain the code and a few other projects, its
primary purpose is to ensure that bills and resolutions, they meet all standards of
proper form,you know, they're as clear as possible, and they're put in simple
terms, so everybody understands what is being asked.
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FC-15 July 22,2025
Again, not just the Council Members, but again we look at the public and the
community to be able to look at these things and decide whether or not it's
something that the community wants to engage in and come help the Council do
their work. So I look at it both ways. Yeah, we are assisting the administration
but we're doing it on the behalf of the Council and community to make sure this
legislative process is as smooth, efficient and effective as possible.
MS. KAGIWADA: Okay, so will Council Members be brought in at some point
for legislation the departments are coming straight to LRB"with as far as chairs of
committees or for a specific district; how will that work, and will there be any
timing issues; will there be a longer length of time for some of this? I'm trying to
just get a big picture of it.
MR. HENRICKS: I don't really foresee it that way because what was unofficially
happening was that when the administration would submit its bills and resolutions
for referral as soon as possible, whatever the nature is, chair staff would come to
myself or LRB and say, can you look these over and make sure that they're good
to go. Because if they're numbered and they're brought forward and if there's
errors, then it takes time to fix them to make amendments and sometimes you
can't fix them due to their.structures. So we were doing that unofficially and it
worked, but I don't think it was as effective as possible>because, again, there
wasn't a structural system in place to do that. So we looked at how do we
organize that and structure that. And e worked very hard to create a system that
is as simple as possible for the administration,to utilize and also does not add a
time element that would affect, you know, the timeliness of their operations as
much as possible.
We'll actually, over time, as people become more accustomed to this process and
again determining how they want to interact in that way and then even becoming,
you know,'as much as your Legislative Assistants get better and better over time
at doing certain:things that will actually be more efficient, and again, things will
look like you expect them to look. They'll hopefully, and I don't mean in any
way, shape, or fortwas a criticism of what has been submitted in the past but just
having the eyes to know what you guys would expect to see like dollar figures in
resolutions or say there's a resolution to authorize like a memorandum of
understanding (MOU) and agreement, as much as possible including that as part
of an attachment so the Council knows exactly what it's being asked to authorize
and what the outcome would be.
And again,just as importantly, the public would be able to look at those MOUs,
MOAs (Memorandum of Agreement), or even contracts for other things and
decide whether or not it's something they want to come and testify on and help
the Council in its decision-making process. So, again, I look at it as this is
something we're doing to assist the County as a whole in its operations with
specifically its engagements with the Council.
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FC-15 July 22,2025
MS. KAGIWADA: Okay. I see. I would just hope that I know this has kind of
been the unofficial practice, but this is making it more the official practice. So as
we are looking at making it the official practice I guess, you know, when I see
bills that come to my committee by request and I haven't had any interaction with
it or understanding of it or anything beforehand, that can sometimes be
problematic. And I would just think since we are very used to working with LRB
that I would I guess I'm wondering is there a way to kind of loop Council
Members in before the final product is on their desk?
MR. HENRICKS: That makes a lot of sense to me.,but I don't know that I would
be comfortable with the Legislative Research Branch and the Clerk's Office being
the arbiter of the relationship for any particular piece of legislation between the
administration and Council Member. You know, the comfort level there of
collaborating on that prior to introduction makes a lot of sense to me, but what we
want to make we don't do in LRB is become micro managing from that aspect
because I feel like we are going to lose some support for our efforts. What we
really want to do is make surepeople know that this isn't something that is like a
roadblock or something that will stop them from what they want to do. What we
want people to do is what I believe most Council Members feel after a while is
it's something that they appreciate, that helps;things become better, smoother,
again, more efficient so it's really not somethingthat feels like homework or
some kind of an assignment or-something that is unappealing.
But as far as the relationship between the'administration that's asking the Council
to do something, and then the committee chair that would introduce it by request
as part of their duties. You know, sure, sometimes I think that in certain
circumstances that would really be beneficial, but that wouldn't be for me to say
when;a department head feels like they would like to engage in that and or when
the respective committee chair would then participate in that. And some of the
hard part for that too is the Clerk's Office and Legislative Research Branch isn't
involved int6 what matters to refer to what committee, so we wouldn't know
sometimes. The appropriate Council Member for the administration to contact to
say, hey,here is what we are looking at doing;you know, it's part of your
committee,,we're going to ask you to introduce it,we want to give you a heads up
on why we're doing this and perhaps give you an opportunity to work closely on
that project. That's something that would be outside of our field. But I totally get
what you are saying.
MS:KAGIWADA: Yes. If you make this more the official route, it makes it in
some ways a lot easier for departments to just go to LRB and not work with the
Council Members necessarily because they don't need any support.
MR. HENRICKS: So for me in the position that I'm in, I have no clue as to how
departments are working with Council Members now prior to introducing things.
So that's not something I'm aware of. It just doesn't come across on my radar. I
don't know how that would change. I would hope that if that's happening now
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FC-15 July 22,2025
that it would continue to happen and the structure that we've set up and how
we're doing things wouldn't impact that at all. It might make it a little bit easier
because you have somebody that is helping to facilitate that process that hopefully
everybody is comfortable with and has trust and credibility with to do that. I can
foresee that happening for sure.
MS. KAGIWADA: Okay. Well I hope you are right on that. On the position
itself, is this person still going to be doing direct work on bills, legislation, with or
are they going to purely be doing management?
MR. HENRICKS: You know, I would hope that overtime we will have such a
strong staff of four people that are the staff people that'c6uld handle that load and
then you'd have a division leader then whose primary task would be to provide
final reviews and also training along the way: You're working closely with that
person especially because we have new people that are learning on the job, but
most of our supervisors are working supervisors including yours truly. 'Generally
we all work and that's probably true for most of,our department heads and other
things, you know, if we've come up through the system then we still do day-to-
day work as well. And then there's always an all hands-on deck philosophy when
it comes to those things. Nobody is excluded or immune from putting in a good
day's work regardless of what that might mean or what-level of work that is. No
job is too big or too small for anybody to do.
MS. KAGIWADA: Okay. Andfinally my,last question is just is this a civil
position or an exempt position?
MR. HENRICKS: No. No. It's an at will position. And that goes back to what
Mr. Onishi was saying, all very fair comments and take that into consideration.
You know, with these at will positions we do have a lot of flexibility to hire
without the,What some people might consider either limitations of civil service
recruitment but also there are upsides to civil service recruitments as well. But
no, this is an at will,pos�,ition. It's not a new position. We'd just be converting
existing Legislative Specialist position into this position, but in order to do so, it
needs to exist in the salary ordinance and there has to be a pay structure there and
that's whafwe're talking about today.
MS. KAGIWADA: Thank you so much. I think I'm good. Thanks.
ACTING CHR. HUSTACE: Thank you, Council Member. We'll go to Council
Member Villegas, please.
MS. VILLEGAS: Thank you for being here, Mr. Henricks, and for
enduring all of these questions.
MR. HENRICKS: No. They're great. They're excellent questions.
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FC-15 July 22,2025
MS. VILLEGAS: I think there is wisdom in asking these questions as we allocate
and move around public funds. I myself will be supporting this today. I have
witnessed and had both the pleasures and challenges of navigating LRB through
my last couple of terms. But I see things really moving in a positive direction and
the efforts being made to align the terminology, the succinctness of our policies as
they come to Council actually makes our jobs easier and for lack of a better more
eloquent way to put it, covers everybody's butts. And I'm seeing that and
experiencing that personally to my own sometimes growing pains and I have to
take my ego and set it to the side and acknowledge the expertise that I see coming
through LRB.
You know, in my hope to assuage the concerns of one of,my colleagues as it
relates to the potential for the administration kind of to monopolize LRB and
utilize their resources to bring us things without communication and relationship
with different departments. To that I would say, you know, it's each of our
responsibilities to ensure that we have relationships with department heads so that
they come to us. I also know, you know, that's the term by request:' When things
come to our committee more often than next there will always be exceptions.
We'll be communicated with if by no other means then when they make the
agenda schedule for what's to be heard on our committee, that piece of legislation
is included in there and'the lines of communication are opened up for the chair of
that committee to communicate with the director or division lead, or whoever is
directly responsible and working on'that piece of legislation. So I'm grateful for
myself. I don't have a particular concern,in'that with potential monopolization by
the administration.
With some of the challenges in the past for bills, ordinances, resolutions not going
through LRB first then as they came directly from the administration and or work
directly instead of Corporation Counsel or what not, we had some hiccups and the
goal is to avoid those hiccups because sometimes those are kind of shame times,
right, like for everybody. And so let's avoid those and ensure that our legislation
goes through that,process with the experts.
MR. HENRICKS: No. To your point, I think the main focus that we're trying to
accomplish here is that whenever a bill or resolution comes to the floor, we really
want the Council, the public, the administration to be focusing on the merits of
that idea,that proposal, that change, and focusing on, you know, looking at what
could,be some of the inadvertent outcomes. What are the pros and cons; how can
we modify this to make it even better than it is as opposed to what are we actually
talking about, not spending too much time on trying to clarify the purpose of the
objective of the measure but more spending that time on how to refine it and put it
in their best form so that when it, assuming it passes and becomes an ordinance or
resolution, allows the Council to move forward on something then they can just
hit the ground running and become what it was intended to be. That's always the
goal when LRB works with you folks, Council Members and staff, and it's going
to be the exact same goal with the administration. You know, there's a large
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FC-15 July 22,2025
amount of bills and resolutions that you folks consider that are initiated by the
administration that are introduced by request. It's not a small number. It's a high
volume. So we're just trying to make sure that everything you get would look
that same as what you would expect had it come from your office.
MS. VILLEGAS: And it's been vetted.
MR. HENRICKS: Yeah,yeah. And I want to go back to this. By a large, I don't
think it would be too tough of a hill to climb because the administration has really
good people that are dedicated to doing their best work to bringing these things
forward and in good form. So this would be minor refinements and minor
additions or deletions or inclusions of information that, you know, might even just
be subconsciously improving the process as opposed to just clearly like outright
like okay, this is different and this is something that is noticeable. But I'm very
confident that it will improve the process for everybody involved at whatever
level they're involved.
And then I go back to, you know, a lot of this is for our community because I
believe the Council does its best work when'the community is engaged, and it
doesn't mean they always come here and testify but when they call you, they
email you personally, or you even get written testimony. That process will
become easier for the public to determine whether or not they want to engage and
also will make their engagement more efficient, more clear as to whether or not
I mean, I'm sure you've all seen testimony and felt like they don't really
understand what the bill does.
MS:VILLEGAS: You mean like the 1,400 emails I got today on a certain bill.
MR. HENRICKS I don't know, and I don't want to bring it up anything
specifically;
MS. VILLEGAS: , 1,400 of incorrect statements about the actual bill.
MR. HERICKS: Yeah. That is a large part of the primary objective of all of,
you know, what we're trying to do right now moving forward. I would say,you
know, was everything okay? Yeah, nothing was broken. I'm not sitting here
saying anything was broken. And some people say, "If it's not broke, don't fix
it", But I don't think the status quo is what the County deserves; I don't think that
status quo is what the public deserves, and I don't think the status quo is what the
Council deserves. So if this doesn't work I'll be fine with that, I'll be okay with
that because it's important to try. It's important to take measures that are active
and hopefully well thought out and properly implemented with the best intentions,
with great people to improve things. And that's what this is all about.
MS. VILLEGAS: I will just summarize this as what I see it as. Number one,
there's an opportunity, there's an appointed position that we have the opportunity
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FC-15 July 22,2025
to approve of. Very seldom when there's an appointed position available, do we
have the potential appointee interested and available for the position. So there's
some synchronicity that I see in that, which urges me personally to take advantage
of that opportunity. I also like in this back into infrastructure and some of the
challenges we've faced as a County is if it's not broke, don't fix it and we haven't
invested in our infrastructure, hence the Hilo Wastewater Treatment facility. It
wasn't broke yet, so don't invest in the infrastructure and here we are sitting on
absolute potential catastrophe.
Thankfully, LRB and the Clerk's Office is not that kind of catastrophe. But I see
this as investment in the infrastructure and the human,capital in the positions so
that the internal aspects of the Clerk's Office and of Council and of the
administration as we navigate creating„amending, whatnot of policy has the best
infrastructure possible to be successful and to guide us as we personally navigate
the process here. So with that I will be supporting this today. Thank you for
sitting here and sharing both your personal and professional perspectives and I see
members of your staff here as well. Thank you for being here; thank you for your
willingness to step into these roles thatserve under challenging circumstances,
and I do hope that we would pass this today and be able to provide you with the
necessary infrastructure for this division to operate. I yield.
ACTING CHR. HUSTACE: Thank you, Council Member. Council Member
Kimball.
MS. KIMBALL: Yeah. I'll be very brief since many of the questions and
comments were made already. One comment. I think that this is a great idea
from the standpoint of I think it's beneficial to the County to have organizational
structures that present opportunities for growth and development rather than
having a lot of folks at the same level with some sort of opportunities for
development: I think that's one of the issues that we see in other areas of the
County where there isn't a place to move up to and there's less incentive. So I
like the idea of adding this different structure. I would request two things, and
you mentioned one being able to ask questions. I'm hoping that this, the
additional staff and the organizational restructuring will provide more
opportunities for us to get legislative review of support, you know, sort of the
legislative history, reviewing legislative histories, comparing legislation from
other counties, that sort of thing that we haven't been able to fully do.
MR. HENRICKS: Yeah. Yes.
MS. KIMBALL: So, that's a priority for me. Secondly, I would emphasize the
budget time period and our ability as the Council to evaluate the budget. I will just
say that I think we could do a better job onus of that. But I think lot of that
would actually include having more support from LRB. So, those are the two
areas that I would ask that the new arrangement focus on adding.
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FC-15 July 22,2025
MR. HENRICKS: Makes a lot of sense. There will certainly be a structured
element to what the legislative research branch is responsible for, expected to do.
But I'm also one who believes that, you know, if there's other things that haven't
been contemplated before but they're possible, we absolutely do them. It's an
opportunity to grow, to learn to do new things. And that is a big part of it is that
it's turning it into a true legislative research branch as opposed to just a review
branch. That is part of this and trying to effectuate that vision that I think a lot of
people have had since I started working there so many'years ago is to offer more
on those grounds to hopefully improve the process on crafting legislation,
knowing more, diving deeper, asking questions.
You know, I envision kind of like an ask LRB button at some point. It doesn't
mean that everything that's asked is going to get answered but you're going to
have the opportunity to ask any questions you want that will then be, you know,
we'll look into deeply. Toughly give you guys a more foundation from a policy
perspective for sure; 100 percent. I'm pretty excited about it actually to tell you
the truth. It's something that I've been thinking about for a long time but as Ms.
Villegas put it,you can have a great idea or at least you can think it's a great idea
for yourself, but if you don't have the proper timing and people in place, you have
to wait and be patient; I think the patience has paid off. I believe that I'm very
confident in the people that are in place to do this s0 the time is now.
ACTING CHR. HUSTACE: Thank you, Council Member. I just want to make
note for the record that we welcome Council Member Kierkiewicz here in the
Hilo Chambers and would like,to pass it to Council Member Galimba for any
further questions. Council Member.
MS.'GALIMBA: Thank you, Chair. I just want to commend our Clerk for his
work on turning the Legislative Review Branch into this Legislative Research
Branch. T think it's definitely a great effort in a good direction. So I very much
support this. Thanks.
ACTING CHR HUSTACE: Thank you, Council Member. Council Member
Kierkiewicz, any further questions or thoughts?
MS. KIERKIEWICZ: I just want to quickly weigh in here, Chair. Thank you.
You know Clerk Henricks has been with the County of Hawaii for a number of
years within Council Services. You know, during my time here on the Council
going on seven years this year, I have really gotten to know and appreciate and
gust our clerk and the vision that he has for Council Services and just the County
in general because he is somebody that truly cares very deeply about the County
and its people and the direction to go. So I trust his vision and I trust what he's
trying to do with the Legislative Research Branch.
As someone who works with departments to craft legislation, it's hit or miss. not
everybody truly understand, appreciates or knows how to go about crafting solid
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FC-15 July 22,2025
legislation. So I do appreciate the support that LRB will be providing to the
departments. I mean,just this year we had a couple of bills out of the Planning
Department that really needed a lot of work, and it was because of LRB that we
were able to turn those pieces of legislation around into something that was
implementable, and folks could clearly understand. So thank you, Clerk Henricks,
for your vision and leadership. In full support of the resolution. Thank you.
ACTING CHR. HUSTACE: Thank you, Council Member. Any other discussion
or thoughts or questions for our Clerk here while we have him? Okay. Thank
you, Mr. Clerk. I appreciate the insight in here and providing some succinct
answers to the colleagues here. I just had a question and we've kind of talked
around a little bit and it may need to be a different discussion or report to Council
regards to the workload. I mean we've talked a little bit about this balance here
and bringing on the manager seat for LRB. `But I'm just curious on that transition
or transfer of work load that the administration has done previously. We've kind
of touched on it a little bit, but now it will be taken on by LRB and if you had any
insight or thoughts? I know it's something that we still have to explore a little bit
further. And what relief or what support we are offering the administration
through this expansion of LRB and the growth of the division itself?
MR. HENRICKS: I think,it goes back to kind of to,what Council Member Onishi
was talking about as far as process and sequence of events. And I honestly wish it
could be more seamless, and I guess, you know, better coordinated at times when
it comes to that, but that's why Fm comfortable. You know, we would be doing
this anyway. I'll be blunt. It's been very challenging to find people that are
equipped, you know, from a technical standpoint, and a standpoint, educational
standpoint, to work as Legislative Specialist in LRB.
One of our-,in,one of our first moves was to go out and try to find one person to
join the team to fill it outbecause knowing that,you know, we were going to be
doing,more work and different work, and we have big projects coming forward.
In a mmatter of time you'll have a whole County Code to look at because we're
required by law to publish the County Code and we're not going to do it in a
minimal way. We're really going to dive into that project to improve the County
Code and,take out a lot obsolete material that's there that I'm sure you have seen
and improve. And there's other projects too. So quite frankly I was just really
thrilled and surprised to be able to bring,you know, it's kind of double the
Workforce in there but then,you know, that brought open the necessity and in my
mind, the requirement that there is a supervisor there to do that. So we are in a
really good position right now to increase our workload, increase our
responsibilities and increase our presence if you will within the Clerk's Office and
the County.
I've been very active in working with LRB to do a lot of the things that this new
position would do. So I will continue to be a very close consultant working very
closely with the Operations Manager and the staff at LRB. It's my background.
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FC-15 July 22,2025
But by having this position there with somebody I know I can trust to manage a
lot of the day-to-day things that take time, it will also provide me with more time
to, again, look at the bigger picture on how we can improve things and also apply
more of my time to some things that have nothing to do with legislation. There
are always something going with Elections if you can believe it or not, even
though we are so far away from an election, and other matters,personnel matters,
and other of our divisions that I would like to be able to apply more of my
attention and energy towards. And this also provides that benefit as well. So
we're in a very strong position right now to increase that workload. And I don't
have any concerns about the ability to do so in an,efficient manner that won't
cause any undue duress or time delays for the Councilor the administration in any
way, shape, or form.
ACTING CHR. HUSTACE: Thank you, Mr. Clerk. One of the responsibilities
mentioned for the Operations Manager is maintenance of the County drafting
manual.
MR. HENRICKS: Yes.
ACTING CHR. HUSTACE: And so I guess my question would be, you know,
will this role also be taking can that responsibility as a part of that to really
document this official practice of how administration is going to come to really
flush that out and really build that system to what,itlooks like so it can be shared
with the departments, shared with Council Members so there is this process and a
workflow,
MR. HENRICKS: Sure. Yes. So that's two slightly different tracks that you're
addressing. So your County Drafting Manual is really going to be tailored
towards actually drafting,a resolution and bills from a technical procedural
standpoint; what to have and not to have. I think what you're talking about is
something we're going to work on too. It's just more of an operations manual for
how things work and put as much down on paper in a simple, easy to understand
way as possible. Understanding that there's always these nuances and variables
that you really can't articulate on paper then that are just going to require
communication and just working with people and establishing relationships and
credibility and trust amongst the various people that LRB would be working with
the administration, much as we do with your guys staff and as new people come
on,and things of that nature and working with them and bringing them along to
become better at their jobs as well.
ACTING CHR. HUSTACE: Yeah. I was at a nice meeting the other day with
Real Property Tax, and I want to give a shout-out to Administrator(Lisa) Miura.
She held a good meeting in Waimea the other day regarding the agricultural
property tax program. And working with CTAHR(College of Tropical
Agriculture and Human Resilience), they presented a very interesting workflow
plot process about the path that people need to take regarding these particular
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FC-15 July 22,2025
questions. So it may be something to work towards as this manager role working
with the departments.
And then of course some questions about at what point do you bring those
Council Members in; is that a conversation especially for these items that are by
request, and it always seems like Council Members want to bring these items
forward, but they have that leeway of whether they want to or not. And that's part
of those questions that need to be answered in terms of that interface between
administration, LRB, and Council. So I look forward to seeing where this goes.
And I think there are a couple other questions so I'm going to yield the floor over
first to Council Member Villegas.
MS. VILLEGAS: Yes. Just one more quick question. T guess I first want to, I
guess I'll just make it—does the creation of this position in any,way potentially
replace or displace anyone currently working in LRB?
MR. HENRICKS: No. It doesn't displace or,replace anybody. We have five
positions in there. Four of them are completely at will. One of them is a civil
service position—excuse me, five positions in there and they're all five currently
filled and one of those persons would then assume this position without anybody
being displaced or removed;if I understand you nestion correctly.
MS. VILLEGAS: Yeah. So they would,still stay in their current positions,
current responsibilities and whatnot?
MR. HENRICKS: Except for one of them, which would then assume these new
responsibilities and this new title.
MS. VILLEGAS: Yeah. Would you be backfilling that other position?
MR. HENRICKS: No. So we're not making a new position.
MS. VILLEGAS: Gotcha. We're just changing
MR. HENRICKS: We're taking an existing one and then converting it into this
position. I think that would be a much bigger ask of this Council to create an
entirely new position. And I really feel like four staff members and a working
supervisor for what we're looking at as far as workload and what responsibilities
would be is sufficient at this point in time. And of course we'll look at it going
forward and then,you know, we're always open to recommendations and
considerations for additional things to do or how we're doing things now.
MS. VILLEGAS: Okay. Well I wish you luck. Change can be challenging.
MR. HENRICKS: It is.
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FC-15 July 22,2025
MS. VILLEGAS: Especially or people who have worked for a long time in a
division.
MR. HENRICKS: Yes.
MS. VILLEGAS: I wish you all the best in management skills as you navigate
this change. I also firmly believe to me it's the truth that change is a constant.
MR. HENRICKS: It is.
MS. VILLEGAS: So it's how we adapt. But the interpersonal and social
networking that happens within a division I know can be like dancing on a razor
blade. So I will wish you the best in thaf and with your team as well and newer
members being humble, gracious, and operating in gratitude for those who have
been there for longer periods that I have just in my short time, I have endured
what could be considered sometimes the twilight zone of differences in the way
things have happen and those stay with:us. And'so there's a lot of wisdom to be
garnered from people with history and'legacy from serving in a division and a
department. So with that, I'll yield.
MR. HENRICKS: And toy your point, Committee Member Villegas. You know, I
kind of grew up working in that division and my experiences were I believe
would've benefited from having a supervisor that was very familiar with the work
we were doing and somebody I could have access to easy, readily available access
to. And itwasn't part of our office's structure. So it's just something that,you
know, I know previous clerks had talked about and done or wanted to do and it
just never really materialized. Se this isn't a new idea and it's something that
through my personal experience that I strongly believe would have benefited our
operations while I was there in fact. It would've been something I would've
appreciated;
ACTING CHR.' USTACE: Thank you. Council Member Onishi.
MR. ONISHL Thank you, Chair. Listening to the discussion, I know LRB is
really important, right? The only thing I was mentioning is about how the process
of awarding this Office Manager, right?
MR, HENRICKS: Sure.
MR. ONISHL And that's my concern is that, like I mentioned before, there's a
process, right? And to have the Clerk decide I'm going to put this person in
charge is, to me, kind of uncomfortable. But saying that, LRB, when we submit
legislation for your review, you do your process, then it gets sent over to
Corporation Counsel, is that correct for final approval?
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FC-15 July 22,2025
MR. HENRICKS: Not necessarily. Whenever we receive something from a
Council Member for review, generally part of the recommendation or question is
has Corporation Counsel reviewed it yet. If so, at what point? It is not a formal
part of the process. It's a choice a Council Member makes ultimately whether or
not to have legal review of their legislation prior to introduction. But it's
generally recommended. Sometimes it doesn't appear to be necessary.
MR. ONISHL Just legislations, right? Like communications, yeah, I can see that
not happening.
MR. HENRICKS: Yeah. Yeah.
MR. ONISHL Because even like with.our contingency funds, doesn't
Corporation Counsel review those documents?
MR. HENRICKS: I believe they dojust as part of the process oil having the
mayor and department head sign off on it saying that they'll accept"those funds.
They will have Corporation Counsel review to be sure it's a proper expenditure
of public funds and it's within the programs parameters of the department.
MR. ONISHL Of course. Correct.
MR. HENRICKS: But if you're talking let's say for instance, a bill to amend the
Zoning Code,you know, some kind of part Chapter 25, LRB's recommendation
would always be to have Corporation Counsel do a legal review of that. Yeah.
MR. ONISHL 'That's what I'm trying to get at because without Corporation
Counsel,because I've had discussions with you before in my previous Council,
when you were just an LRB staff.
MR. HENRICKS: Yes, Sir.
MR. ONISHL Is that LRB for your research is great but for legal opinions, you
folks cannot do that.
MR. HENRICKS: And we don't want to.
MR. ONISHL Yeah. I know in the past we had run ins because of that situation.
And that's why we always depended on Corporation Counsel to give us that legal
advice because if something should happen and we didn't follow it through with
Corporation Counsel, LRB cannot represent us in court, right?
MR. HENRICKS: No. Yeah.
MR. ONISHL And so there is your part but then there's also the part on
Corporation Counsel.
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FC-15 July 22,2025
MR. HENRICKS: Yes. 100 percent.
MR. ONISHL So I just kind of wanted to make that kind of clear where you folks
are important, but also to me the last review is with Corporation Counsel.
MR. HENRICKS: The best legislation is always a collaborative process with all
the required elements. A really properly trained and experienced Legislative
Specialist within LRB will be able to flag things that appear to be legal concerns
but would never make a determination that something's a legal concern. So that's
something they give you a head start and just say,here's some specific part of this
legislation you might really want to hone in with Corporation Counsel. It's
always in a consultive capacity though as opposed to you can't do this because of
that.
MR. ONISHL For example, another one is the cellphone tower right, that bill.
MR. HENRICKS: Yes, sir.
MR. ONISHL They went through many years with discussion and then kind of
like on the 1 lth hour,then we have a ruling from Corporation Counsel that in the
bill we were kind of like'volating something, state or federal laws, right? So now
they have to redo that again.
MR. HENRICKS: Yeah.
MR, ONISHf: It went through the LRB process, right?
MR. HENRICKS: Well, one of them did. Ms. Evans did. And the version from
the Planning Department did not officially go through that process. So I'm glad
you broughtit up because for me in an ideal situation where you have is if it was a
Planning Director initiated bill, the cell phone tower one, before it would even go
to the Planning Commissions, it would come to Legislative Research Branch, it
would perform its function, its role, and then it would go to Corporation Counsel
to perform their function and their role, and we would collaborate with
Corporation Counsel to make sure that the language is as clear as possible and it
meets all legal standards; and then it would go to the Planning Commissions and
then make its way to Council. And by the time it gets to Council, we're good to
go And whether or not it's something the Council supports or not, that becomes
the question at that point.
MR. ONISHL But did Ms. Evans' bill also had some of that inside of her bill that
was not like appropriate, but it went through process.
MR. HENRICKS: Sure. We make no guarantees that something will be pristine
and just to be clear too, LRB will often, not often, but sometimes make
recommendations that Council Members decline to incorporate into their bill.
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FC-15 July 22,2025
These things happen. It's the Council Members that signs the bill. So ultimately
they're putting their name on it, so they have the ultimate control over the
language in that bill.
MR. ONISHL Correct. Correct. And the last thing is just that through my years
of experience something that like I guess repeated year after year, it goes like
through LRB but then when someone, another staff—okay so one staff maybe this
year reviews something I submit, right? So it gets approved, and we pass it.
Then next year we do the same thing, kind of same Numbers, same wording or
whatever and whoever reviews that one changes it again. So to me I think if you
folks can kind of make it more consistent.
MR. HENRICKS: Sure.
MR. ONISHL If it's something that's being repeated year after year, somehow
you folks need to track all that and make sure it just moves forward."
MR. HENRICKS: Yes. If something worked in the past and there were no issues
with it then that'll be something that would go through the system very quickly.
The contingency relief transfers have all been consolidated and centralized for the
Chair's Office now. So I think that's going to be a very different process now
where it's going to look different and feel different., But for legislation outside of
contingency relief, if there's some similarities or if there is a bill, say a simple bill
to change the bus fares and it worked before then we would go to that bill; we
would just use it as a template and just change the parts that needs to be changed,
and it would be a very quick efficient process.
MR. ONISHL Right. I yield, Chair.
ACTING CHR. HUSTACE: Thank you, Council Member. And I think some of
those pieces,just to go on some of your points, Council Member Onishi, may not
necessarily all be reviewed by Corporation Counsel especially some of the
contingency things. I don't know if they all get their eyes on those. I think it may
depend on-our engagement with LRB and the Clerk's Office and Corporation
Counsel to kind of look at some of those pieces so it may not have all eyes on it
for some of those smaller pieces. At least I'm getting that message from
Corporation Counsel.
You had a lot of questions on this. So I appreciate the time we spent on this and
dialogue and conversation. Unfortunately some of our members aren't all here to
kind of engage in some of this conversation being it is I know changing that
structure of LRB and having a nice dialogue about that. But my request is kind of
stemming from a lot of these different pieces here and there is to really establish
those SOPS, those standard operating procedures that kind of documented
workflow. You know, regardless of the individual in that seat that it is kind of
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FC-15 July 22,2025
carried on through the office so that we are pulling in Corporation Counsel, that
we are pulling in administration at the right pieces.
MR. HENRICKS: Okay.
ACTING CHR. HUSTACE: If they're submitting, you know, something to LRB
at what point does a Council Member come into this conversation as part of that
by request piece of legislation. So trying to figure that out. I think that's up to
you and LRB staff. I do hear your concerns, Council Member Onishi, about the
staff that have been in that office for some time and trying to make sure that we
are filling that seat appropriately and working with,all the members to make sure
that everyone is comfortable in that space that have worked for the County for
some time. So just want to recognize that. And we are putting trust in you,
Mr. Clerk, to fill that seat so we can really stand up LRB, Working with them
from the legislative side as well as the administrative side. Sokind of blending all
of those pieces together. There's definitely some work to do there to kind of flush
this all out and bring it together. So thank you for,presenting this to us and this
option, and idea to move the dialogue forward. Any other questions or thoughts?
MR. HENRICKS: Yeah. I just again ask for all these kinds of situations, you
know,just reasonable amount of patience for things to fully develop and that of
course like everything else, this will evolve beyond what we are talking about
today and things that, you know, we simply haven't considered because they
Haven't come up yet. But just know and trust that throughout this process we'll
be very' thoughtful and considerate and there won't be any impulsive changes or
anything of that nature. We will work even harder to communicate with the
Council, the administration, and everybody else to make sure that things go as
well as possible.
ACTING CHR. HUSTACE: Thank you, Clerk Henricks. Appreciate the time.
o at this time,Clerk Brown, if we want to take on a roll call vote on
Resolution 244-2 , I'd appreciate that.
Vote on Res. 244-25: The motion to recommend adoption of Res. 244-25 was
(Approved) carried by the following roll call vote:
Ayes: Committee Members Galimba, Kagiwada,
Kierkiewicz, Kimball, Villegas, and Acting
Chair Hustace—6.
Noes: Committee Member Onishi — 1.
Absent: Committee Members Inaba
and Kaneali`i-Kleinfelder—2.
Excused: None.
ACTING CHR. HUSTACE: Thank you, Mr. Clerk. With no further business on
the agenda. We are adjourned.
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FC-15 July 22,2025
ADJOURN- There being no further business on our agenda today, Acting Chair Hustace
MENT: adjourned the meeting at 10:26 a.m. Thank you very much.
Approved:
Mr. Matt Kaneali`i-Kleinfelder, Chair (Date)
Finance Committee
MK/tk
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