HomeMy WebLinkAboutCOM 0288.001 2008-2010BRENDA J. FORD
Council Member
District 7 -Central Kona
Phone: (808)326-5684
Fax: (808) 329- 4786
E-Mail: bford@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County ofHawai `i
Kailua Trade Center ~,
75-5706 Hanama Place, Suite 109 ~) ~
Kailua-Kona, Hawaii 96740 _
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DATE: May 4, 2009 _- ~
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TO: J. Yoshimoto, Chairperson, ` _: c~ `~
and Members of the Hawaii County Council -~ `~ w
FROM: '~5 Brenda J. Ford, Council Member
SUBJECT: Proposed amendment to Resolution No. 128-09, to authorize one-day-per-month
furloughs for non-union, non-bargained-for employees in the Legislative Branch.
Attached please find proposed amendment to Resolution No. 128-09, to authorize one-day-per-
month furloughs for non-union, non-bargained-for employees in the Legislative Branch in the
interest of balancing the budget and providing leadership in management and removing the "OR
MORE" from the resolution title. Resolution No. 128-09 is amended as indicated below.
Ramsayer format is applied with respect to the contents of Resolution No. 128-09; material to be
deleted is bracketed and stricken through.
The title is amended to read as follows:
"A RESOLUTION FOR THE COUNTY COUNCIL OF THE COUNTY OF HAWAII
TO INITIATE A FURLOUGH FOR ALL NON-BARGAINED-FOR, NON-UNION
EMPLOYEES FOR ONE DAY ~ 8R~4ART5 ]PER MONTH IN THE INTEREST OF
BALANCING THE BUDGET AND PROVIDING LEADERSHIP IN
MANAGEMENT."
A draft copy of Resolution No. 128-09, Draft 2 is attached with proposed amendment incorporated.
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Ref, Gate _ MAY 0 5 2009
Serving the Interests of the People of Our /sland
Hawaii County /s An Equal Opaortunity Provider And Employer
A RESOLUTION FOR THE COUNTY COUNCIL OF THE COUNTY OF HAWAII TO
INITIATE A FURLOUGH FOR ALL NON-BARGAINED-FOR, NON-UNION
EMPLOYEES FOR ONE DAY PER MONTH IN THE INTEREST OF BALANCING THE
BUDGET AND PROVIDING LEADERSHIP IN MANAGEMENT.
WHEREAS, in an attempt to balance the State's budget, the Governor and the
Legislature of the State of Hawaii are considering the suspension or reduction of the Transient
Accommodation Tax ("TAT") collected and distributed to the various counties of the State.
Suspension or reduction of the TAT to the County of Hawaii will negatively impact our already
severely depressed county budget; and
WHEREAS, the County of Hawaii is already experiencing a reduction in revenues due
to an international, national, state, and county recession; and
WHEREAS, a furlough is defined as the placement of an employee in a temporary non-
duty, non-pay status because of lack of funds. An intermittent furlough is a furlough action in
which the non-duty, non-pay status occurs discontinuously over a period of time (e.g. one-work-
day-per-month for a six month period) rather than consecutive work days.
WHEREAS, generally, furloughs should not be extended beyond asix-month period and
are not along-term solution to budget problems. If the County does not expect a funding
reduction to be restored in the next budget cycle, and the County does not have the ability to
reorganize work, a layoff may be the more appropriate option; and
WHEREAS, the goal of implementing a furlough is to provide the Legislative Branch of
the County of Hawaii with a tool that provides for continuation of critical work within the
Legislative Branch, the retention of valuable human resources, the continuation of employee
benefits that would be lost in a layoff, and the preclusion of expenses for unemployment benefits
and accrued, compensated absences (e.g. vacation, flex time, sick leave, etc.); and
WHEREAS, the right of the County Council of the County of Hawaii to order furloughs
for the Legislative Branch is included under the general authority of the County Council, and at
the County Council's discretion, a regular or an intermittent furlough may be declared; and
WHEREAS, non-union ornon-bargained-for employees and management employees in
the Legislative Branch should not be excluded from any furlough requirement. The Legislative
Branch of the County has:
Non-union, One-day-per-month Annual
non-bargained-for employees Savings Savings (x12)
43
$8,017 $96,204
A one-day-per-month furlough would provide a total annual savings of $96,204; and
WHEREAS, certain rules should be applied to furloughed employees, such as:
1. Allow any employee(s) to request voluntary furlough prior to implementing an
involuntary furlough provided their appointing authority approves the taking of a furlough;
2. Designate an effective and termination dates for the furlough;
3. Provide a 5-work-days' notice before the furlough begins;
4. Time not worked during a furlough shall not be counted as work time for purposes of
computing overtime;
5. A furlough shall not constitute a break in continuous service; therefore, an employee's
service date will not be adjusted;
6. The County shall continue to make the same premium contribution toward health,
medical, dental, vision, and surgical benefits as is currently provided, and basic life insurance
coverage during a period of furlough as though it was a period of paid work time for employees
so as to not affect health or basic life insurance for these employees;
7. A furlough does not impact leave accrual rates (e.g. vacation);
8. A furlough shall not be used as a substitute for permanent part-time employment;
9. If an employee is on unpaid family and medical leave, there shall be no need to apply a
furlough action;
10. Employees on furlough shall not be scheduled for stand-by or on-call duty;
11. Employees shall not be scheduled for furlough during periods of paid military leave; such
employees may be scheduled for furlough upon return to work;
12. If an employee is already in an unpaid leave status at the time they are designated for
furlough, they shall not have to take an alternative furlough date unless the furlough action for
the work unit is extended beyond their return date;
13. An employee shall not use or substitute paid or accrued leave (vacation or flex time, etc.)
for a period of furlough until the furlough is cancelled;
14. Furlough dates maybe established before or after a designated paid holiday without the
loss of holiday pay; and
15. Employees desiring part-time employment on a permanent basis are not eligible for
furlough;
16. If a temporary or permanent layoff is necessary following a furlough, the period of the
furlough shall be counted as part of the layoff for purposes of reinstatement;
17. An employee who is furloughed does not have the right to displace another employee
WHEREAS, if time and circumstances allow, the Legislative Branch by the action of the
County Council may wish to consider implementing voluntary furloughs prior to implementing
an involuntary furlough. Employees from other non-affected work areas may volunteer and be
selected for furlough if the furlough will result in a savings that offsets the funding shortfall; and
WHEREAS, furloughs for any specific section of the Legislative Branch may be
cancelled by the County Council in the event of a disaster or emergency requiring the return of
employees to full duties; and
WHEREAS, it is anticipated that the furlough used will be an intermittent furlough
lasting for a full budget cycle.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the County Council shall initiate an intermittent furlough ofone-day-per-
month in the Legislative Branch for non-union, non-bargained-for employees beginning with the
budget cycle of July 1, 2009 through June 30, 2010; and
BE IT FURTHER RESOLVED that efforts to reduce budget in "salaries and wages"
does not imply that these employees are less important to the function of the Legislative Branch,
to their peers, managers, the County Council, or to the public; and
BE IT FURTHER RESOLVED that savings from the furloughs shall be placed in the
general fund to offset reductions in revenues and funding shortfalls; and
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the
Mayor, the Managing Director, the Finance Director, the Director of Human Resources, and the
County Clerk of the County of Hawaii.
Dated at , Hawaii, this day of , 2009.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII