The URL can be used to link to this page

Home My WebLink AboutRES 118 Draft 01 2010-2012 �JMtY Oily.'/ COUNTY OF HAWAII - - STATE OF HAWAII ........... RESOLUTION NO. 118 11 A RESOLUTION APPROVING THE COST ADJUSTMENTS AND BENEFITS FOR EXCLUDED EMPLOYEES OF THE LEGISLATIVE BRANCH OF THE COUNTY OF HAWAII AS RELATED TO CHANGES RELATED TO THE COST AND ADMINISTRATION OF THE BENEFITS PLANS AFFORDED BY THE EMPLOYEE UNION TRUST FUND (EUTF). 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; 1 (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 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 2 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 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. 155, signed and dated June 29, 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 cost and administration of the benefit plans afforded by the Employee Union Trust Fund (EUTF) that take effect for bargaining unit employees, shall also apply to eligible County employees in the executive branch, who are appointed or excluded from bargaining units 02, 03, 04, and 13, in the Excluded Managerial Compensation Plan(EMCP), or in appointed or elected positions. Furthermore, the Director of Human Resources advised the Council Chairperson prior to the Resolution 98-11 being drafted that the EUTF Premium Payments ratio was to be split in the following manner—Employer contribution 50% and Employee Contribution 50%. That ratio information was provided to the county council on July 7, 2011, and the county council voted and passed Resolution No. 98-11 on the basis of a 50%-50% ratio for the EUTF premiums; and WHEREAS, upon the adoption of this resolution, former Resolution No. 98-11 shall become null and void, and is superseded by this resolution; and WHEREAS,pursuant to an information sheet written by Sharon Toriano, Deputy Director, Human Resources, with a distribution date of July 15, 2011, provided to employees with their paychecks. Until a supplemental agreement is executed, the County of Hawai`i legislative branch will implement the following interim measures: (a) the EUTF Premium Payments ratio is now to be split in the following manner— Employer Contribution 60% and Employee Contribution 40%which was the ratio in effect on June 30, 2009; (b) Additionally, the salary schedule in effect on June 30, 2009 is applied and returns employees to the pay level they had before the two-days-per-month furloughs were implemented ; and WHEREAS,the legislative branch wishes to be consistent with the Mayor's Executive Order No. 155, but use the current EUTF ratio of 60-40; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that upon the adoption of this resolution, former Resolution No. 98-11 shall become null and void, and is superseded by this resolution. 3 BE IT FURTHER RESOLVED that the EUTF Premium Payments ratio is to be split in the following manner — Employer Contribution 60% and Employee Contribution 40% which was the ratio in effect on June 30, 2009. 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. 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 MEMBER, COUNTY OF HAWAI`I COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the ote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on A "I ITS T: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 4 ROLL CALL VOTE Reference: C- 296 /Waived FC RESOLUTION NO. AYES NOES ABS EX BLAS FORD HOFFMANN IKEDA ONISHI PILAGO SMART YAGONG YOSHIMOTO Reference: C- 296 /Waived FC RESOLUTION NO. EXHIBIT "A" County of Hawai'i EXECUTIVE ORDER NO. 155 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; Hawes County is an FR110i Opportunity Provicia cod Empfoyer EXHIBIT "A" NOW,THEREFORE,I William P.Kenoi,Mayor of the County of Hawaii, pursuant to the provisions of HRS Chapter 89C,do hereby grant to all eligible County employees in the executive branch,who are excluded from bargaining units 2,3,4,and 13,in the excluded managerial compensation plan(EMCP),or in appointed or elected positions,the following benefit effective July 1,2011. Miscellaneous Rights and Benefits Benefit Plans All changes related to the cost and administration of the benefit plans afforded by the EUTF that take effect for bargaining unit employees shall also apply to eligible employees. 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,Hawai'i this 290 day of Utah& ,2011 Willis P.Kenoi Mayor,County of Hawai'i APPROVED AS TO FORM AND LEGALITY: Molly go Deputy Corporation Counsel County of Hawai'i 2