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HomeMy WebLinkAbout2020-09-30 Merit Appeals Board MinutesMerit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii September 30, 2020 (Wednesday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 9:00 a.m. by Chair Luahiwa Namahoe, at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Wednesday, September 30, 2020. Roll Call — Present Ms. Luahiwa Namahoe, Chair Ms. Bella Hughes, Member (via WebEx) Mr. Mel Ventura, Member (via WebEx) Absent and Excused Mr. William Chillingworth, Vice -Chair Also Present Mr. J Yoshimoto, Deputy Corporation Counsel, Ofc. of the Corp. Counsel Mr. William V. Brilhante, Jr., Director, HR Department Ms. Glynis Yamada, Secretary -Reporter, HR Department Note: As part of the response to the threat of COVID-19, Governor David Ige issued a Twelfth Proclamation Related to the COVID-19 Emergency dated August 20, 2020, suspending Hawaii Revised Statutes Chapter 92, Public Agency Meetings and Records, to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location. This meeting will be held through a combination of some board members being physically present at the meeting location and some members participating by interactive video conference through WebEx. Only persons that are present for the particular item on the agenda will be allowed in the meeting room. Each person will be required to wear a face mask and maintain six feet physical distance from any other person as required by law. Merit Appeals Board September 30, 2020 CHR. NAMAHOE: It is 9 a.m. and we are calling to order the Merit Appeals Board slated today, September 30'', 2020, here at the Hilo Council Chambers at the County Building. Good morning. May I get a roll call, please? Bella Hughes— MS. HUGHES: Here. CHR. NAMAHOE: Mel Ventura— MR. VENTURA: Present. CHR. NAMAHOE: Luahiwa Namahoe— and that comprises quorum. We are missing today, Mr. William Chillingworth. We also have present— MR. resent MR. YOSHIMOTO: Good morning, Madam Chair, I'm J Yoshimoto, Deputy Corporation Counsel. MR. BRILHANTE: Good morning, Chair, William Brilhante, Director, Department of Human Resources. CHR. NAMAHOE: Okay, thank you very much. Addendum to the Agenda (Item 2) (Requires four votes and must comply with Hawaii Revised Statutes § 92-7(d).) CHR. NAMAHOE: To the next item on—we have "Addendum to the Agenda"; however, it requires four votes. We have only three votes today, so we're going to move beyond adding any addendums to the agenda. Statements from the Public (Item 3) (Testifiers will be required to wear a protective mask that covers their mouth and nose, physically distance themselves from others, and sanitize their hands prior to entering the meeting site.) CHR. NAMAHOE: The next item at -hand is "Statements from the Public" but, as it stands right now, no one from the public is here. So, we'll either move beyond it or table it in case somebody does walk through the doors. Approval of Minutes (Item 4) CHR. NAMAHOE: The next item at -hand is the approval of minutes from February 26, 2020. Page 2 Merit Appeals Board Approval Of Minutes: February 26, 2020 September 30, 2020 CHR. NAMAHOE: If you have your folders that will be under the red tab the minutes from our last meeting—well, that was seven months ago. Ms. Hughes, Mr. Ventura, if you'd please take a few moments to look through it and, at the time that either of you are ready, I will entertain a motion to accept the minutes. MS. HUGHES: I am ready. I apologize, I just have to hop away for 30 seconds to get my daughter on her zoom class. I will be back, literally, in 30 seconds. CHR. NAMAHOE: Very good, we will take that time to peruse the minutes. MS. HUGHES: Back. MR. VENTURA: I move that the minutes be accepted. MS. HUGHES: Second. CHR. NAMAHOE: So, let the record reflect that Mr. Ventura moved to accept the minutes and that Bella Hughes seconded. All in favor, aye? AYES: Board Members Hughes, Ventura, and Chair Namahoe – 3. NOES: None. ABSENT: Board Member Chillingworth –1. EXCUSED: None. CHR. NAMAHOE: Okay, thank you. So, we have approved the minutes from February 26, 2020 unanimously. Communication(s) (Item 5) Communication No. 20-01, Received On July 24, 2020, Appealing An Employment Action (Non -Selection From The Police Recruit Process) By The Hawaii County Police Department (Board Action Required: Setting A Hearing Date And Deadlines For Submittal Of Documents) CHR. NAMAHOE: The next order of Business is Communication Number 20-01. I want to stop and take a moment. My understanding is we would expect them in audience today, but without it, are we able to move by setting the agenda or do we need to wait fordo we need to wait for them to be present? MR. YOSHIMOTO: Madam Chair, we can proceed forward and then we'll the staff will notify the appellants of the date, and if there's an issue they'll bring it up with us and then we can address it then. But we can move forward today. Page 3 Merit Appeals Board September 30, 2020 CHR. NAMAHOE: Very good. Okay, thank you. Ms. Hughes and Mr. Ventura, so back to Communication Number 20-01, received on July 20''24', 2020, appealing an employment action. The Board action required is to set the proposed hearing date and establish it into record for December 16, 2020. Is this date work for—does this date work for both of you? MS. HUGHES: It works for me. MR. VENTURA: Yeah, that date works for me. CHR. NAMAHOE: Very good. We can start at either nine in the morning or ten in the morning. Typically, when we've had appellants from Kona drive in, we start a little later in the day to give them more opportunity for safe travels to Hilo, if that's what they choose. They may choose to just WebEx in. Do either of you have a preference of whether we start at nine in the morning or ten a.m.? MS. HUGHES: I have a preference for ten, `cause I have another quarterly board meeting from eight to ten a.m. that day, that's already been scheduled. CHR. NAMAHOE: Okay. Okay, thank you. MR. VENTURA: And I'm fine with what the rest of the Board wants to do. CHR. NAMAHOE: Ten a.m. Okay. So, that location will then be at the Hilo Council Chambers on December 16'', 2020, at ten a.m. Thank you. And we will expect Glynis to—she'll email us accordingly. One second, we did have a member from the public walk in. Okay. Statements from the public—one second, Ms. Hughes and Mr. Ventura. Statements from the Public CHR. NAMAHOE: We are moving back to Section 3, "Statements from the Public." We have in front of the Merit Appeals Board this morning is Mr. Robert Shook and unable to obtain public information thank you, Mr. Shook, for speaking to us today. Just to let you know, timeline guide the time guidelines is three -minutes. I do believe Glynis will—you'll get a two - minute, 30 -second mark the bell will ring at that time. MR. SHOOK: Okay. CHR. NAMAHOE: The floor is yours, sir. Page 4 Merit Appeals Board September 30, 2020 MR. SHOOK: I like to express that it's almost impossible to get any kind of information from — I like to express that it's almost impossible—it's almost impossible to get any type of information from the Police Department on public information. It was also—it's also impossible to send it to the right agency. My son, you guys supposed to set the date for his hearing—was accosted during his application and thrown out of the station and not told why. MR. YOSHIMOTO: Mr. Shook MR. SHOOK: Yeah, I'm going to go MR. YOSHIMOTO: Okay. MR. SHOOK: So, we asked for information as to what and why. This is in June. The law says ten days. Anybody else got to follow the law. This is the—and then, have you received my request? Have you received our request for information? But we also sent it Mr. Brilhante. MR. YOSHIMOTO: So, Mr. Shook, just a couple of things, yeah. You can continue but let me just say a couple of things. Right now, we're not hearing the case— MR. SHOOK: We understand. MR. YOSHIMOTO: So—okay. So then, anything you say in terms of the case should also be mentioned when you actually have the case, right, `cause this is the public testimony part. MR. SHOOK: Yeah, I'm making an example MR. YOSHIMOTO: Right. MR. SHOOK: And I'm using dates. MR. YOSHIMOTO: Okay. MR. SHOOK: And I'm using times where people like, why we're told to show up to the Police Commission because that's where this case belongs. And we wait months to go there. We take time off. We take this, we take that to go there and we wait for our turn and we're told to put two to four hours on the side for this thirty seconds in there, the guys kicking us out. We're in the wrong place. Nobody, nobody gave us the information to come to this committee. The wahine that runs that Police Commission one, never said this. We came to the HR and nobody gave us a form. I had to get the form from HR, from the Mayor's office. It's almost impossible for the public to bring a grievance and be heard. This is a paid Board. This is a public's grievance. Impossible. Page 5 Merit Appeals Board September 30, 2020 This got to be changed. The form got to be made available. It's got to be made accessible to the public. They should know that they have a grievance procedure here that they can use. If you had to bring something up on somebody or a police officer or whatnot—let's say, it's assault 30 - seconds or anything else, you can't do it. It's impossible. That's why people give up. That's not what the purpose of this is for. I'm only here because as a member of the public, I would want whatever's available to them to be available `cause it's very little. And this is not a cheap route to go. This is not cheap. So that cuts out 85 percent of the people complaining. I'm done. You guys want to hear more? `Cause it's just a little bit more. All I'm saying is—all I'm trying to tell you `cause there's nobody else here, yeah? All I'm trying to say is if it's a grievance procedure, the public has to know where the form is. It has to be made available. You don't go to the mayor's office and complain and have them send you a complaint. CHR. NAMAHOE: Mr. Shook, thank you very much. The comments that you made today, are valid ones. What is—for the processes that are made available to the public, how do we access those processes in a clear manner so that the variety of the public's individual skillsets that they can still achieve the goal. Which is I know where to go, I know how to find it, I know how to be smart I don't have to do things twice. Is that correct, sir? MR. SHOOK: Thank you. Thank you for allowing me to (inaudible). What is the lady's name that handles the Police Commission? CHR. NAMAHOE: So, to that I cannot answer you. We can't answer you `cause we're a different commission. MR. SHOOK: The reason I bring that up is she is the one that directs. CHR. NAMAHOE: So, I appreciate your time and I appreciate the comments that you made. Would you say that we've accurately that we understand your major point— MR. oint MR. SHOOK: Yes. CHR. NAMAHOE: accurately? MR. SHOOK: Yes. Yes. CHR. NAMAHOE: So, I'm glad MR. SHOOK: The form should be made available at HR, at the desk, on a counter, where if somebody goes in and say, "I was assaulted. I was this, I was this" you can take this form right here. It's right here. It's not made available. Page 6 Merit Appeals Board September 30, 2020 CHR. NAMAHOE: But I want to thank you because I want you to know that while we have to stick to the time and the rest of the agenda— MR. SHOOK: Mm-hmm. CHR. NAMAHOE: the point that you made is accurately noted. You'd agree with that? MR. SHOOK: I agree. Thank you. CHR. NAMAHOE: Thank you so much. MR. SHOOK: I'm mostly here for my son's—are we at that point, yet or not? CHR. NAMAHOE: So, we will be—we actually just agendized his appointment. MR. SHOOK: Okay. CHR. NAMAHOE: His hearing. That will be made available to him. He will receive mail on that. I can speak to it right now, quickly. MR. SHOOK: Yeah, I'm just going to write it down. CHR. NAMAHOE: Okay. And then, we're going to have to move on to the next item, but I'll do that with you right now and that is December 16, 2020, at ten a.m. MR. SHOOK: Is there any other date sooner because I go to surgery for a job-related incident that— CHR. hat CHR. NAMAHOE: Sir. MR. SHOOK: been bothering me for about 15 years. CHR. NAMAHOE: I can appreciate that. At this point in time, are you an attorney? MR. SHOOK: No, I'm not. CHR. NAMAHOE: Are you his attorney. MR. SHOOK: I'm here to assist him to get CHR. NAMAHOE: Sir, then— MR. SHOOK: No, I'm not an attorney. Page 7 Merit Appeals Board September 30, 2020 CHR. NAMAHOE: I can appreciate that, but we have to stick to protocol and process. I'm talking about—your son is, if he's coming to us on his HR matter, he will present us on his HR matter. If he has concerns with the date, he needs to contact us. MR. SHOOK: Okay. So, what is the date again? CHR. NAMAHOE: Thank you. MR. SHOOK: Please, what was CHR. NAMAHOE: December 16'h MR. SHOOK: December 16. CHR. NAMAHOE: at ten a.m. And going forward, I will not speak any more on his matter with you. It must be and will be with him—and thank you for that. MR. SHOOK: Okay, at ten a.m. CHR. NAMAHOE: Ten a.m. He'll receive communication in the mail. And then, we will also communicate with him all of his deadlines. MR. SHOOK: I have one more thing, yeah, because it says in you guys handout— CHR. andout CHR. NAMAHOE: If it's regarding his situation MR. SHOOK: No, no, no, no. CHR. NAMAHOE: Okay. MR. SHOOK: It just regarding getting any type of information to put together a case. CHR. NAMAHOE: Understood. Understood. And MR. SHOOK: Do we—can I make—can I show you how many requests I made? CHR. NAMAHOE: At this time, no. At what—go ahead, sir. MR. YOSHIMOTO: Madam Chair, before we get away from theso, we set the hearing date, we also should state for the record the deadlines that are CHR. NAMAHOE: All right. MR. YOSHIMOTO: And then, Mr. Shook can write that down, too. Page 8 Merit Appeals Board September 30, 2020 MR. SHOOK: Yes. CHR. NAMAHOE: Okay, very good. MR. YOSHIMOTO: Yeah. CHR. NAMAHOE: Okay. So the deadlines for the appellant on November 2nd, 2020, that is the deadline for him to submit his documents, his exhibits, his witness list, his motions, and any memorandums. And he needs to do so by 4:30 that day. Again, on November 2nd MR. SHOOK: And do we send it to you, or this here—is it addressed to you? Do we send it to Mr. Brilhante? Do we send it to Glynis? CHR. NAMAHOE: It'll— MR. t'll MR. SHOOK: Where do we sent it to? CHR. NAMAHOE: All of that will be listed in the—yes, in the letter, all that communication will spell it out, which address he needs to send it to. MR. SHOOK: Okay. Thank you. CHR. NAMAHOE: Okay. MR. SHOOK: That's another clarification. CHR. NAMAHOE: Okay. So, second that's the first deadline. MR. SHOOK: Okay. CHR. NAMAHOE: November 2nd the second deadline is November 16d' also a Monday, and that's the deadline for parties to respond that's called responsive pleadings, also by close of business at 4:30. We will then inform the parties that they need to submit all documents to the Board secretary, Glynis, via email or regular mail or hand -delivered and to the opposing party. MR. SHOOK: Okay. CHR. NAMAHOE: Okay. MR. SHOOK: So CHR. NAMAHOE: So, thank you for that. So, again, November 2nd MR. SHOOK: Yeah. Page 9 Merit Appeals Board September 30, 2020 CHR. NAMAHOE: —for the appellant. I will say, I am concerned from a human resources perspective, that I'm talking about—I'm not speaking with the appellant. I may be speaking with family, but I'm not speaking with the appellant. I am concerned please take that— MR. hat MR. SHOOK: Yeah, yeah, yeah. CHR. NAMAHOE: note that for your personal communication MR. SHOOK: Okay. CHR. NAMAHOE: —going forward. MR. SHOOK: Okay. CHR. NAMAHOE: I'm giving his dates, not to him. MR. SHOOK: Yeah. CHR. NAMAHOE: I'm not giving his dates to him—in HR law I have already overreached and I thank you for your time. MR. SHOOK: Okay. CHR. NAMAHOE: We're now going to move on the agenda. I thank you, Mr. Shook. MR. SHOOK: Let me respond to that real quick, yeah. CHR. NAMAHOE: No. No, no, no, Mr. Shook. MR. SHOOK: Okay. CHR. NAMAHOE: You have taken our time and I thank you for it. You've got the dates. MR. SHOOK: Okay. CHR. NAMAHOE: You—we have heard what you needed to say. We will take that going forward. I thank you, again, for your time, sir. MR. SHOOK: Okay. Hundred miles I drove for (inaudible). CHR. NAMAHOE: And I appreciate that—and I appreciate that. Page 10 Merit Appeals Board September 30, 2020 MR. SHOOK: I like to appreciate myself, yeah. A hundred miles I drove. I have a cane. I have an injury that is killing me, but we understand. CHR. NAMAHOE: Mahalo, you, sir, for that. MR. SHOOK: We understand. We understand. We understand. And work is hard nowadays, especially with the kids CHR. NAMAHOE: Yeah. Absolutely. MR. SHOOK: (Inaudible) $7,000.00 a year for insurance on something that he never do and that's what we're here for. So, that's why he cannot make it, `cause he has to work to pay that bill. And I thank you for you guys time and whatnot and I hope we have a good understanding CHR. NAMAHOE: I do. And I also want you to know that I heard what you said, sir. I heard what you said that hundred miles was not in vain. But we have to stick to our lanes, too. MR. SHOOK: Yeah, yeah, yeah (inaudible). CHR. NAMAHOE: Mahalo, sir. MR. SHOOK: Thank you very much. CHR. NAMAHOE: Take care. Aloha. Ms. Hughes and Mr. Ventura, sound check in. MS. HUGHES: Yes. MR. VENTURA: Yes. CHR. NAMAHOE: Okay. MR. YOSHIMOTO: (Inaudible) deadlines. CHR. NAMAHOE: Okay. There are motions that need to be made for the communication that just took place previously. MR. YOSHIMOTO: So, Madam Chair, Chair would entertain a motion to accept the setting of the hearing date for December 16'h and the corresponding deadlines. CHR. NAMAHOE: Ms. Hughes and Mr. Ventura, we need to entertain motions and I will take a broad motion if these dates work well for you. If they don't, then we'll hear them now. And the broad motion Page 11 Merit Appeals Board September 30, 2020 MR. VENTURA: I so move. CHR. NAMAHOE: So moved. Mr. Ventura, thank you. MS. HUGHES: Second. CHR. NAMAHOE: And seconded by Ms. Hughes. Thank you both very much. All in favor of—let me read it. All in favor of the meeting to be set for December 16d', at ten a.m. at the Hilo Council Chambers here at the Hawaii County Council Building, and then the deadlines as well. That would be November 2nd for the deadline for the parties to submit their documents as well as November 16 the deadline for the parties to respond. All in favor? AYES: Board Members Hughes, Ventura, and Chair Namahoe — 3. NOES: None. ABSENT: Board Member Chillingworth —1. EXCUSED: None. CHR. NAMAHOE: All right. Mahalo unopposed. Okay. Moving merrily on. New Business (for discussion and appropriate action) (Item 6) CHR. NAMAHOE: New business for discussion and appropriate action. We have nothing on the agenda. Unfinished Business (for discussion and appropriate action) (Item 7) CHR. NAMAHOE: Unfinished business for discussion and appropriate action. Also, none on the agenda. Director's Report (Item 8) CHR. NAMAHOE: So, we now move to the "Director's Report." At this point in time, should we go intoI mean, is this public or executive session? Public—okay. Thank you, Mr. Brilhante. HR Quarterly Reports: January — March 2020; And April — June 2020 MR. BRILHANTE: Good morning, Merit Appeals Board Members, and Chairwoman. William Brilhante, Director, Department of Human Resources. What we did for our quarterly submittals if, in your packet, if you go to the blue tab—and it's the documents following—incorporated in that blue tab is pretty much our quarterly reports. We have both for January through March as well as April through June of this past year. And you Page 12 Merit Appeals Board September 30, 2020 can read those reports. Hopefully, you had a chance to read them prior to today's meeting. And I'd be happy to answer any questions that may arise with those reports. What I wanted to do today, something that's not really incorporated in these reports, is just provide the Board with an update as to the impacts and the influences and the responsibilities that have been placed on the Human Resources Department, as—in response to the current COVID-19 pandemic. And, oftentimes, it's the people behind the scenes that do a lot of the legwork, a lot of the back- breaking work as it relates to these type of situations. And I wanted to make sure that the Board was familiar with just with—and familiar and have a better understanding as to what has been transpiring during these past seven months as the County responds and tries to adjust to, quote/unquote, the new normal going forward. First, I wanted to talk about just to the first subject area was implementation of rules. As you may or may not know, once the pandemic startedbecome more and more of a issue in Hawaii, and the Governor issued his emergency proclamation, and the mayor followed suit with issuance of his emergency proclamationadjustments, considerations, recalibration so to speak—had to be made as it related to personnel matters in the County. So, two items of significance that transpired on—in the initial stages of the pandemic was that the mayor issued a, I guess I want to say a memorandum, of—to all of the employees where we were—he afforded administrative leave, 14 -days of administrative leave, to all of the employees who may have—were affected by the virus. One of the things the mayor wanted to ensure that we, as a County employer, did was that if— on—with the initial onsets of the pandemic there was so much uncertainty, there was so much fear, there was so much anxiety that everybody—whether it just be Countywide, statewide, worldwide, nationwide but, specifically, with Hawaii County employees, the mayor wanted to make sure that at the initial stages because there were so many unknowns as to the extent of the virus, the—how contagious was it, how aggressive, how easily transmitted was it. The mayor wanted to make sure that employees, especially employees with children or elderly people—in Hawaii we have such a unique environment where people our age or younger, the working people, they take care of the Kupuna, they take care of their parents. Their parents live with them in the same household as well as the young kids. So, with that, we have such a close ohana unit as we go forward and extended family—and what the mayor wanted to do was just be able to provide County employees with the ability to say, "You know what, anxiety is high, I have parents that I care for, I have my kids, I don't want to expose them to it." Page 13 Merit Appeals Board September 30, 2020 So, at the initial stages of the COVID-19 pandemic, the mayor authorized 14 days of administrative leave. And we're prettywe instructed the departments—and that—all these memorandums come through the Human Resources Department. So, we instructed the department heads to be very considerate and be very lenient and liberal with issuance of these or authorizing these type of request. So, we afforded 14 days. We were the only jurisdiction in the State to allow County workers who felt the anxiety, who had—who felt that they may be—have to deal with COVID at work or if they had underlying health conditions. The mayor afforded them 14 days of paid administrative leave without much proof or documentation, which was well received. The—as the pandemic progressed and we became more and more understanding of what the causes were—transmittal causes were closer related to and how that affected our people and how that affected the Kupuna and the kids. And so, what happened was the federal government got involved, and the federal government issued the Family First Coronavirus Response Act. And under that act, again, it afforded our County employees who are, in this case, was much broader—across the nation, but as we drilled it down to our County employees, it afforded them 14 days or 80 hours of administrative leave if they were directly affected by the coronavirus, the impacts of the virus, if they had kids who were home from school and they couldn't get supervision for them—adequate supervision. It gave them up to, I believe, it was up to 12 weeks of leave—afforded them up to 12 weeks of leave for them to adequately provide that supervision for their young kids. And so, we—it was that—those type of rules and regulations, again, they fall under HR to ensure that proper time is calculated, proper request are granted, and the (inaudible), people have an understanding. So in response to the federal relief act, we developed FAQ's and we distributed those FAQ's to all the County employees so that they could have a better understanding of their rights and what they're entitled to, and what the parameters are, and what the restrictions are. So we did that. And the final thing was, again, as the virus became more and more—we had a spike here on the Island of Hawaii—and once that spike came into play, we're getting a lot of positives from what was called "community-based positives." And that was the first time we started experiencing that. And what that means is just general members of the community were testing positive for the virus. So, that means the virus was being transmitted through regular community interactions as opposed to previous to that—most of the transmittals was from people who travelled outside of the State. They—either they went to California or New York or someplace on the mainland and they came back and they brought the virus with them, whether it be residents returning from vacation or from wherever it may be, as well as flight crews and flight attendants and pilots and the like. So, with that in mind, as the exposure grew—again, to relieve the anxiety of our employees, the mayor issued a special order where he granted five days of administrative leave and this is a Page 14 Merit Appeals Board September 30, 2020 it's a unique circumstance. It's, if an employee felt that or if they came in direct contact with somebody who was COVID-19 positive or a family member who was COVID-19 positive—and that contact was prolonged over a period of time, not just a quick passing. Then what the mayor would allow the employee to do is take five days of paid administrative leave and then go, with the understanding that they'd go and get a COVID test, and that they would report their findings from the COVID test. If their findings was negative, they would come back to work. If the findings was positive, then those other leave, whether it be sick leave or whatever, would come into play. So, those were the three areas specifically for the rules. Also, what we did was our department was responsible for the mayor instituted a number of areas—response areas as it related to the virus and what we did was we initiated a system where we would hire 89 -day emergency contract hires for specific response to the COVID-19 pandemic. And we were fortunate enough where we could use the Federal Cares Act money to pay these salaries. So, some of the things we had to onboard or some of the areas that we had to onboard employees were airport screeners, quarantine exemption screeners, contract tracing assistants. Department of Public Works hired 28 sanitation disinfectants, who would go out and spray all the public areas. Parks and Recreation hired about the same number of sanitation disinfectants who would go and spray, disinfectant through all the parks and all the Parks and Rec. facilities. And just recently, last week, I sat on a interview panel where we—due to the situation at the Okutsu Care Home veterans' care home they identified to us the management identified to us that their housekeeping staff was decimated by COVID-19 positive test results. So they were down to just one house cleaner. So what the mayor did was he used, again, a 89 -day emergency hire. The County hired four housekeepers and I sat on that interview panel last week, and effective yesterday, we sent up four housekeepers to work under the guidance of the Okutsu Care Home to perform the housekeeping duties. So, that's just—and all that onboarding, the drafting of the contracts, the interviews with the intended applicants, the actual application process—we're totaling, right now, maybe about 70 or 80 new hires within a four-week, five-week period of time. And all those onboarding processes came through our HR Department. Another thing that HR was involved with is when the County issued protocols and practices for their public interactions for their departments, I served on the County Departmental Inspection Team. It was myself, the Managing Director, the head of the COVID-19 Taskforce, and also the representative from the Department of Public Works. And we did a Countywide COVID-19 protocol inspection and we went department -by -department and we walked physically walked through all of the operations of each of the departments and we assessed, and we made recommendations as to whether or not the proper COVID-19 safety protocols were being in place. And so, that was another area that we involved ourself in. Page 15 Merit Appeals Board September 30, 2020 Also, for our office—Department of Human Resources, it was identified that because of the unique working conditions where we have a lot of cubicles in the front area of our office, as well as we do have interactions from the public. And so, what we did was we designed and we came up with the installation ideas and we—with the assistance of Public Work—we went and we installed plexiglass throughout our whole office, so that all of our employees are now adequately protected from the possibility of droplets being transmitted in a confine, close area. So, that was somewhat significant. I hope Glynis appreciates it, `cause she's one of ones who benefitted from that—so, happy to do that for our staff. And then, the final area I wanted to touch upon was just involvement with the mayor's senior policy team. On Monday, Wednesday, Friday of each week the mayor and the governor and the three other mayors from City and County, Kauai, and Maui they meet on a regular basis. Again, Monday, Wednesday, Friday at 11 o'clock every day on those days. And they address and they discuss rules, regulations, procedures, emergency orders—whether it be the governor amending his orders or implementing or extending his emergency orders or the mayor doing likewise—and setting of County rules and, fortunately, or unfortunately—depending on how you look at it, I was requested to be a part of that team. There's a representative from Corporation Counsel, I believe the first assistant—deputy corporation counsel is on that is—sits with us, the deputy for the Department Parks and Recreation, and the mayor's chief of staff are on that committee, along with the director—Administrator for Civil Defense. And we meet regularly and we assess and we go through the rules and we provide input and information to the mayor and—regarding implementation of new rules, cessation of old rules, how do we address specific issues and the like as well as we attend on Monday, Wednesday, Friday—and that's where I'll be heading today. We attend the regularly scheduled emergency videoconference that is conducted at Civil Defense. And, again, it's with all the Civil Defense administrators throughout the State for each jurisdiction and we attendI attend that meeting as well. And, again, we provide input and we get information through that. So, I just wanted to put out just not really educate you, but just put—introduce each of you to the various areas and, I guess, opportunities and commitments that the HR Department has been making and having to perform during this pandemic. `Cause oftentimes, like I said, that gets overlooked and that discussion doesn't get had. So, I just wanted to put that on the record, so that we know—so that as a body, we as a body, we know you know the type of things that's been transpiring during these past seven months. Happy to answer any questions. CHR. NAMAHOE: Entertaining questions from either Ms. Hughes or Mr. Ventura. MS. HUGHES: Is it somewhere, a general comment/question (inaudible) I'm following. So, loved how supportive, especially, the beginning stage of the pandemic everything has been for working parents. As public schools continue to be largely remote, just to clarify—can all County employees, if they do not have childcare, work remotely? Page 16 Merit Appeals Board September 30, 2020 MR. BRILHANTE: That's a good question. What we did was also during this period we've issued guidance to all of our departments that the County we as HR, we're being much more understanding and we're being much more liberal with granting what is called telecommuting privileges. MS. HUGHES: Okay. Mm-hmm. MR. BRILHANTE: So, the parameters in place, right now, is that the employee has to have their own laptop—access to their own County -issued laptop because of the federal privacy issues. And if there's any question about that, you can just google Hillary Clinton emails. But— no—so, utnoso, there has to be a County -issued laptop and the employee has to be performing well, have a history of good performance in their quarterly or annual—semi-annually JPR reports. And then, they have to be somewhat independent. So, independent in their area of responsibility so that they can afford the opportunity for them to work from home. So, we've communicated that to all of the departments and we've had a significant increase from what we're hearing, in the number of employees that have been able to avail themselves to the telecommuting privilege. And, so far, it's been pretty well received. It's been—we've gotten good reports. So, just going forward, that's something that we need to keep in mind because prior to COVID-19, the County's policy was not to grant telecommuting privileges just because of the supervisory component and those type of issues. But I think if you have a good worker, you're going have a good worker whether they're sitting five feet in front of you or working from home. MS. HUGHES: Mm-hmm. I mean, if anything, my concern is just as myself a working mom with kids that can't go to school, this is truly a force (inaudible) situation and if any employee, regardless of their reports, but they're good employee period—doesn't have childcare option— that should be something that there's more leniency towards until public schools reopen again. MR. BRIHLANTE: Definitely. And that's why initially I had mentioned the federal first corona—Family First Coronavirus Response Act— MS. ct MS. HUGHES: Right. MR. BRILHANTE: That affords all of our employees who are unable to access or get authorization for telecommuting that gives them 12 weeks of paid leave that they can use from now until December to completely stay home and—stay home without any work responsibilities. And, again, it's paid leave and they can be there to provide the MS. HUGHES: Right. MR. BRILHANTE: take care of their kids. So, that's an option as well. MS. HUGHES: And I imagine this will just continuously be reassessed as the situation goes on and the pandemic? Page 17 Merit Appeals Board MR. BRILHANTE: Correct. September 30, 2020 MS. HUGHES: Okay. Awesome. We just don't want to see any working parents, especially, if anyone is a single parent and doesn't have childcare slip through the cracks. MR. BRILHANTE: Definitely. MS. HUGHES: Thank you. MR. BRILHANTE: Totally agree with you. CHR. NAMAHOE: Thank you, Ms. Hughes. That wasI appreciate when we are able to ask our County to humanize the juxtaposition of work life. Thank you very much. And, also, mahalo to you, Mr. Brilhante, with how you answered that. Mr. Ventura, do you have any comments that you would like to make? MR. VENTURA: No, I think the work they have done to accommodate employees throughout this pandemic is impressive. We are yeah, we do a lot of the same kind of things here at my employment, so I can appreciate that. Thank you. MR. BRILHANTE: And I appreciate hearing that. Just, coincidentally, yesterday I was on a teleconference with a representative from UPW. And we were addressing some of the issues with safety, personal protective equipment for our employees, the disinfectant/sanitization crews—and one of the things that I'm glad I was able to get the representative—UPW representative to acknowledge was that if you take a look at all of the jurisdictions in the State, whether it be Kauai County, Maui, City and County Honolulu, or the State—he agreed that the County of Hawaii has far and away been the most responsive and the most understanding to our employees and he acknowledged that. And, to me, that's exactly where we want to be anything less wouldn't be something I would like to entertain. So, with that in mind, we're going to continue to maintain that. I think it's—from a union representative the business agent for the Island of Hawaii to say that—to me, theI think that goes a long way as to how the County of Hawaii values the employees and how we treat them in response to that valuation. MS. HUGHES: That is so fantastic to hear. And thank you for just your very thorough overview and in answering all my questions. MR. BRILHANTE: You're welcome. CHR. NAMAHOE: Mr. Ventura, and Ms. Hughes, at this time I will entertain a motion to file the HR Quarterly Report slated for January through—well, there's two reports. The January through March and then the April through June— Page 18 Merit Appeals Board MR. BRILHANTE: That's correct. September 30, 2020 CHR. NAMAHOE: That's correct. Okay, thank you. So, again, Ms. Hughes and Mr. Ventura, I will entertain a motion that we accept and file the director's report into the record. MR. VENTURA: I move that report be accepted and filed. CHR. NAMAHOE: Thank you, Mr. Ventura. MS. HUGHES: Second. CHR. NAMAHOE: Thank you, Ms. Hughes. Motion made by Mr. Ventura, seconded by Ms. Hughes. All in favor aye? AYES: Board Members Hughes, Ventura, and Chair Namahoe — 3. NOES: None. ABSENT: Board Member Chillingworth —1. EXCUSED: None. CHR. NAMAHOE: All right. Motion is carried unopposed. Schedule Next Meeting Date (Item 9) CHR. NAMAHOE: All right. So, lady and gentleman—ladies and gentlemen—we need to schedule our next meeting date. Glynis—okay. So, I guess, my question is, is the next meeting date already the meeting date that we have? Okay, so that is the next meeting. All right, Ms. Hughes and Mr. Ventura, our next meeting date is the December 16' meeting that will be here at the Hilo the County Council Chambers here at the Hilo County Building Hawai`i County Building in Hilo on Aupuni Street. MS. HUGHES: Fantastic. Adiournment (Item 10) CHR. NAMAHOE: Yes. And at this time, if we have no other comments, concerns, or needs we can adjourn the meeting. Wow. MS. HUGHES: Great. CHR. NAMAHOE: Okay, is that (inaudible). MS. HUGHES: Bye, everyonea great day. Page 19 Merit Appeals Board September 30, 2020 CHR. NAMAHOE: Thank you so much. The meeting is now adjourned at—what is this- 9:45—no, 10:45—I cannot even read my watch-9:45. Wow. MR. VENTURA: Aloha. CHR. NAMAHOE: Thank you. Aloha. Respectfully submitted,k) Glynis amad Secretary-Reporter APPROVED: --0—C )---- - Luahiwa Namahoe, Chair Merit Appeals Board Page 20