The URL can be used to link to this page

Home My WebLink AboutRES 117 Draft 01 2010-2012 --„-#11.1!M�I, COUNTY OF HAWAII :• � .'/:•' STATE OF HAWAII • RESOLUTION NO. il7 i1 A RESOLUTION APPROVING THE COST ADJUSTMENTS AND BENEFITS FOR EXCLUDED EMPLOYEES OF THE LEGISLATIVE BRANCH OF THE COUNTY OF HAWAII AS RELATED TO ALL CHANGES TO THE FURLOUGH AND SALARY REDUCTION. WHEREAS, Hawaii Revised Statutes ("HRS") Chapter 89C-1 grants the appropriate authorities the necessary flexibility to make adjustments as provided in this chapter; provided that nothing in this chapter shall be construed to interfere with or diminish authority already provided to them in regard to the wages, hours, benefits, and other terms and conditions of employment for their respective excluded public officers and employees; and WHEREAS, HRS 89C-1.51 defines: "Appropriate authority" means the governor, the respective mayors, the chief justice of the supreme court, the board of education, the board of regents, the Hawaii health [systems] corporation board, the auditor, the ombudsman, and the director of the legislative reference bureau. These individuals or boards may make adjustments for their respective excluded employees. Excluded employee" or "employee" means any individual who is employed by an appropriate authority and is not included in an appropriate bargaining unit under section HRS 89-6 and, therefore, is not entitled to collective bargaining coverage under HRS chapter 89; and WHEREAS, HRS 89C-2 provides that each appropriate authority may make adjustments for their respective excluded employees subject to the following guidelines and limitations: (1) The compensation of excluded employees, whose pay is presently limited or fixed by legislative action, or prescribed by a salary commission, shall not be adjusted under this chapter and shall continue to be limited or fixed by the respective legislative body or salary commission; (2) The compensation of excluded employees exempt from civil service coverage, whose pay is set at the discretion of the appointing authority, shall continue to be adjusted at the discretion of the appointing authority from funds allowed for this purpose; (3) Any adjustment made for excluded civil service employees shall be consistent with the merit principle and shall not diminish any rights provided under HRS chapter 76; (4) For excluded employees under the same classification systems as employees within collective bargaining units, adjustments shall be not less than those 1 provided under collective bargaining agreements for employees hired on a comparable basis; (5) For excluded employees other than those under paragraph (4), adjustments shall, to the extent practicable, uniformly apply to every excluded employee within a homogeneous grouping, such as, cabinet members or managerial employees, to ensure fairness. This does not preclude variable adjustments based on performance or other job criteria and specific adjustments warranted based on the nature of work performed or working conditions; and (6) No adjustment shall be made in benefits provided under HRS chapter 88 unless specifically authorized by that chapter, or with respect to any other matter that the legislature may specifically prohibit or limit by law; and WHEREAS, HRS section 89C-3 provides that: (a) Each jurisdiction shall provide adjustments for its respective excluded civil service employees based on recommendations from its respective personnel director. (b) In formulating recommendations to the appropriate authority, the respective director shall: (1) Establish procedures that allow excluded civil service employees and employee organizations representing them to provide input on adjustments that are relevant and important to them for the director's approval; (2) Ensure that adjustments for excluded civil service employees result in compensation and benefit packages that are at least equal to the compensation and benefit packages provided under collective bargaining agreements for counterparts and subordinates within the employer's jurisdiction; and (3) Ensure that proposed adjustments are consistent with chapter 76 and equivalent or not less than adjustments provided within the employer's jurisdiction; and WHEREAS, HRS section 89C-4 provides that each appropriate authority shall determine the adjustments that are relevant for their respective excluded employees who are exempt from civil service in consideration of the compensation and benefit packages provided for other employees in comparable agencies...; and WHEREAS, HRS section 89C-5 provides that: (a) Adjustments that do not require appropriations by the respective legislative bodies may be implemented without legislative action. (b) All other adjustments requiring appropriations shall be submitted to the respective legislative body for appropriations, at such time and in such manner as the legislative body may require. The legislative body shall appropriate funds of the amount requested or funds of a different amount after discussing the reasons with the appropriate authority. (c) No adjustment shall be made and no funds shall be used for purposes of this chapter unless the legislative body has appropriated the funds necessary to implement the adjustment; and 2 WHEREAS, HRS section 89C-6 provides that adjustments made in accordance with this chapter shall take precedence over all contrary local ordinances, executive orders, legislation, or rules adopted by the State or a county, or any department, agency, board, or commission thereof, including the personnel departments or the merit appeals boards; and WHEREAS,pursuant to the Mayor's Executive Order No. 156, signed and dated July 18, 2011 and effective July 1, 2011, a copy of which is attached hereto as Exhibit"A" and made a part hereof, and the provisions of HRS Chapter 89C, all changes related to the furlough or salary reduction of all officers and employees in the executive branch, who are appointed or elected officials, excluded from bargaining units 02, 03, 04, and 13, in the Excluded Managerial Compensation Plan(EMCP)...shall be furloughed twenty-four (24) days, or shall receive the equivalent of a one (1) day furlough reduction per month during the period July 1, 2011 to June 30, 2013; and WHEREAS,the legislative branch wishes to be consistent with the Mayor's Executive Order No. 156; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to the provisions of HRS Chapter 89C, the county council does hereby order, effective July 1, 2011, that all officers and employees in the legislative branch, who are appointed or excluded from bargaining units 02, 03, 04, 09, and 13 shall be furloughed twenty-three (23) days for the period of July 1, 2011 to June 30, 2013, preferably on the first Friday of every month or on another day, if applicable or necessary. Pursuant to the memorandum from Council Chairperson Dominic Yagong, dated July 20, 2011, one day of unpaid administrative leave shall be granted to all appointed or excluded employees of the legislative branch on July 29, 2011 as explained in attached Exhibit "C". The number of days of unpaid furlough and administrative leave shall total twenty- four (24). The unpaid days off are specified in the attached Exhibit "B". BE IT FURTHER RESOLVED that all furlough provisions applicable to any bargaining unit employee shall also apply to employees excluded from that bargaining unit. BE IT FURTHER RESOLVED that the Director of the Department of Human Resources shall be responsible for the uniform administration of these adjustments and any interpretation concerning the applicability of such adjustments to County Officers and Employees who are excluded from collective bargaining. 3 BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Honorable Mayor William P. Kenoi, the Director of the Department of Human Resources and the Director of the Department of Finance. Dated at , Hawai`i, this day of , 2011. INTRODUCED BY: COUNCIL MEK4BER, COUNTY OF HAWAI`I COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i 1 hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on A ITEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE 4 Reference: RESOLUTION NO. C- 295 /Waived FC 117 11 AYES NOES ABS EX BLAS FORD HOFFM ANN IKEDA ONISHI PILAGO SMART YAGONG YOSHIMOTO 4 Reference: RESOLUTION NO. C- 295 /Waived FC 117 11 Exhibit "A" County of Hawaii EXECUTIVE ORDER NO. 156 WHEREAS, Hawai`i Revised Statutes ("HRS") Chapter 89C authorizes the appropriate authorities of the State and Counties to make adjustments in the wages,hours, benefits,and other terms and conditions of employment for public officers and employees who are excluded from collective bargaining coverage under HRS Chapter 89; WHEREAS, pursuant to HRS§89C-2(4),for excluded employees under the same classification systems as employees within collective bargaining units, adjustments shall be not less than those provided under collective bargaining agreements for employees hired under a comparable basis; WHEREAS pursuant to HRS §89C-2(5),for excluded employees other than those under the same classification systems as employees within collective bargaining units,adjustments shall,to the extent practicable,uniformly apply to every excluded employee within a homogeneous grouping,such as cabinet members or managerial employees to ensure fairness; WHEREAS, HRS§89C-3 provides that the appropriate authority shall determine adjustments for its respective excluded civil service employees based on recommendations from its respective personnel director; WHEREAS, pursuant to HRS§89C-4, each appropriate authority shall determine the adjustments that are relevant for their respective excluded employees who are exempt from civil service in consideration of the compensation and benefit packages provided for other employees in comparable agencies; Hawaii county is an Equal.Opportunity Provider and Emp(oy& Exhibit "A" NOW,THEREFORE,I William P.Kenoi,Mayor of the County of Hawaii, pursuant to the provisions of HRS Chapter 89C, do hereby order,effective July 1, 2011,the furlough or salary reduction of all officers and employees in the executive branch,who are appointed or elected officials,excluded from bargaining units 02,03,04, and 13,or in the excluded managerial compensation plan (EMCP),as follows: EMPLOYEES shall be furloughed twenty-four(24) days,or shall receive the equivalent of a one (1) day furlough reduction per month during the period July 1,2011 to June 30,2013,as specified in the attachments to this executive order. All provisions of Attachments I,II and Ill applicable to bargaining unit employees shall also apply to employees excluded from those bargaining units. 1. Attachment I-Applicable to employees excluded from bargaining units 2,3,4,and 13 and EMCP units 31 and 35 in the Police Department's Communications Section,the Fire Department's Ocean Safety Division, and the Fire Department's Communications Center,and the Department of Environmental Management's Wastewater Division. 2. Attachment II-Applicable to employees excluded from bargaining units 2,3,4,and 13;EMCP units 31 and 35 not designated in item#1 above; and all appointed and elected officials except for Fire and Police Chiefs, Deputy Fire and Deputy Police Chiefs. Notwithstanding the foregoing,Attachment II shall not be applicable to the following classes of work-Student Helper I,Student Helper II,Student Intern,Activity Aide, Activity Technician III, Recreation Educator,School Crossing Guard, Home Delivered Meals Worker,and Senior Community Service Aide. Subject to future executive order,these employees shall not be furloughed nor receive any salary reduction during the period July 1, 2011 to June 30,2013. 3. Attachment Ill-Applicable to employees excluded from bargaining units 2,3,4,and 13 and EMCP units 31 and 35;and all appointed and elected officials except for Fire and Police Chiefs, Deputy Fire and Deputy Police Chiefs. 2 Exhibit "A" The director of human resources shall be responsible for the uniform administration of these adjustments and any interpretation concerning the applicability of such adjustments to County Officers and Employees who are excluded from collective bargaining. Hilo, Hawaii this `D tr day of lull ,2011 William P. Kenoi Mayor,County of Hawaii APPROVED AS TO FORM AND LEGALITY: Molly P.o / Deputy Corporation Counsel County of Hawaii 3 EXHIBIT "B" COUNTY OF HAWAI'I FURLOUGH PROGRAM JULY 1, 2011 TO JUNE 30, 2013 LEGISLATIVE BRANCH YEAR MONTH FURLOUGH DAYS 2011 July 29 2011 August 5 2011 September 2 2011 October 7 2011 November 4 2012 December 2 2012 January 6 2012 February 3 2012 March 2 2012 April 9 2012 May 4 2012 June 1 2012 July 6 2012 August 3 2012 September 7 2012 October 5 2012 November 2 2012 December 7 2012 January 4 2013 February 1 2013 March 1 2013 April 5 2013 May 3 2013 June 7 Exhibit "C" DOMINIC YAGONG ; • [intuit: dyagong(rz?co.hawaii.htus Chairperson �.,y;� �• Phone: (808) 961-8264 Chair I �t •1 Far: (808) 961-8912 fluwa,,County Council =.-Aeyr ? �M--• •Hawai`i County Council County of Hawaii 25 Aupuni Street Hilo.Hawaii 96720 July 20,2011 '1'o: All Legislative Branch Exempt Staff Vvywn.A.A. L.?7,06 From: Dominic Yagong,Council Chairperson Re: Furlough and Medical Expenses for All Exempt Legislative Branch Employees On July 13,2011 Mayor William P. Kenoi announced that a supplemental agreement had been reached with the Hawai`i Government Employees Association(HGEA)for the contract period July 1,2011 to .1 une 30,2013.Mayor Kenoi also issued Executive Order No. 156 bringing the exempt employees in the executive branch in line with the new supplemental HGEA agreement. hat agreement calls for 12 furlough days a year set to begin on July 29,2011.Council action is required in order to bring the legislative branch in line with this new HGEA agreement. Because this matter cannot be heard before the Hawai`i County Council prior to July 29,2011 I am taking the following action as Chairperson to bring the legislative branch in line with the rest of the County of Ilawai`i. 1. An unpaid day of administrative leave is scheduled for July 29,2011. Exempt legislative branch employees should not report to work on July 29, 2011. 2. A resolution will be considered by the Hawai`i County Council on August 3,2011 to authorize 23 furlough days to occur on the first Friday of each month beginning August 5,2011.These furlough days,plus the one day of unpaid administrative leave scheduled for July 29,2011, equals the 24 furlough days agreed upon by the Mayor and HGEA in the supplemental agreement.This resolution will also set the division of the medical premium rates at 60%paid by the county and 40%paid by the employee. Our Accountant Joyce Unoki will be sending out instructions via email later this week for the completion of timesheets to reflect this unpaid day off. Should you have any questions please feel free to contact my office at extension 8538. Warmest Aloha. I)Y:sao Serving the Interests(tithe People of Our Island Hawaii County is an Equal Opportunity Provider and Employer