HomeMy WebLinkAboutRES 118 Draft 02 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 118 11
(DRAFT 2)
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 ADMINISTRATION OF THE
BENEFITS PLANS AFFORDED BY THE EMPLOYEE UNION TRUST FUND (EUTF).
WHEREAS, Hawai`i 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 Hawai`i 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;
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(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
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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, 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 and attached as "Exhibit B" stated that 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, Resolution No. 98 -11 shall become null and void, and is
superseded by this resolution.
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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 Hilo , Hawai`i, this 3rd day of August , 2011.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawai`i
I 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 August 3, 2011
ROLL CALL VOTE
Reference: C- 296.2 /Waived FC
COUNTY CLERK CHAIRPERSON & PRESID1WG d%FICER RESOLUTION NO.
4
118 11
(DRAFT 2)
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
7
1
1
0
Reference: C- 296.2 /Waived FC
COUNTY CLERK CHAIRPERSON & PRESID1WG d%FICER RESOLUTION NO.
4
118 11
(DRAFT 2)
EXHIBIT "A"
County of Hawaii
EXECUTIVE ORDER NO. 155
WHEREAS, Hawaii 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;
Haxci'i County is as Equa( Opportunity Provider mid Empro)cr
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.
APPROVED AS TO FORM
AND LEGALITY:
Mollyi
Deputy Corporation Counsel
County of Hawai'i
Hilo, Hawaii this 29th
day of _11.4ne) , 2011
2
/"Williarrl' P. Kenoi
r Mayor, County of Hawai'i
"EXHIBIT B"
To: HGEA Employees in Bargaining Units (BU) 02, 03, 04, and 13
Until a supplemental agreement is executed, the County of Hawai'i will
implement the following interim measures.
Salary/Wages:
EUTF Premium Payments:
The salary schedule in effect on June 30, 2009
has been applied. In other words this returns
you to the pay before furloughs were
implemented.
No change to current ratio:
Employer Contribution 60%
Employee Contribution 40%
To: UPW Employees in Bargaining Unit 01
Until a new collective bargaining agreement is executed, the County of Hawai'i
will implement the following interim measures.
Salary/Wages:
EUTF Premium Payments:
The salary schedule in effect on June 30, 2009
has been applied. In other words this returns
you to the pay before furloughs were
implemented.
No change to current ratio:
Employer Contribution 60%
Employee Contribution 40%
To: HFFA Bargaining Unit 11 and SHOPO Bargaining Unit 12 Employees
Until a new agreement has been executed, the County of Hawai'i will implement
the following interim measures.
Salary/Wages: The salary schedule in effect on June 30, 2011
has been applied. .
EUTF Premium Payments:
Distribution Date: July 15, 2011
No change to current ratio:
Employer Contribution 60%
Employee Contribution 40%