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HomeMy WebLinkAbout2021-06-28 Merit Appeals Board MinutesMerit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii June 28, 2021 (Monday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 10:00 a.m. by Chair Gabriella M. Cabanas, at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Monday, June 28, 2021. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair (via Zoom) Mr. Charles Kunz, Member Absent and Excused Ms. Gay Mathews, Member Also Present Mr. William V. Brilhante, Jr., Director, Department of Human Resources Mr. Waylen L. K. Leopoldino, Deputy Director, Department of Human Resources Mr. Sinclair Salas-Ferguson, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Glynis Yamada, Secretary -Reporter, HR Department Mr. Relley Araceley, Legislative Information and Reference Technician Note: As part of the response to the threat of COVID-19, Governor David Ige issued a Twenty -First Proclamation Related to the COVID-19 Emergency dated June 7, 2021, 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 ZOOM. 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 Call to Order (Item 1) June 28, 2021 CHR. CABANAS: Good morning, everyone, this is Gabriella Cabanas, Chair of the Merit Appeals Board calling the regular meeting of the Merit Appeals Board to order on June 28, 2021, at ten a.m. We have quorum today with Mr. Mel Ventura, our Vice -Chair sitting in via Zoom from Kailua- Kona. Good morning, Mr. Ventura. MR. VENTURA: Good morning. CHR. CABANAS: Good morning. And here in the Council Chambers at the Hawaii County Building in Hilo are Charlie Kunz, fellow Board member. Good morning, Mr. Kunz. MR. KUNZ: Good morning. CHR. CABANAS: And so, Gay Mathews is excused but we do have quorum with three members present. Also present is our Director of Human Resources, William Brilhante, Jr. Good morning, Bill. MR. BRILHANTE: Good morning, Gabe. CHR. CABANAS: And our Deputy Corporation Counsel, Sinclair Salas-Ferguson. Good morning, Sinclair. MR. SALAS-FERGUSON: Good morning. CHR. CABANAS: Our Secretary -Reporter, Glynis Yamada. Good morning, Glynis. MS. YAMADA: Good morning. CHR. CABANAS: And we have our Deputy Director of Human Resources, Waylen Leopoldino. Good morning. MR. LEOPOLDINO: Good morning. CHR. CABANAS: And we have Relley Araceley from the Clerk's Office manning the computers for us. So, good morning, Relley, thank you for all your help. MR. ARACELEY: Good morning. CHR. CABANAS: So we have quorum. Thank you, everyone. Page 2 Merit Appeals Board Addendum to Agenda (Item 2) None. Statements from the Public (Item 3) CHR. CABANAS: We have no "Statements from the Public." Approval of Minutes (Item 4): April 26, 2021 June 28, 2021 CHR. CABANAS: Following the agenda, we do have the minutes of April 26, 2021. Just a friendly reminder to the Board members, when speaking, if you could please open your mics. so that the meeting is recorded. So, have we had the chance to review the minutes of April 26, 2021? MR. KUNZ: Yes. CHR. CABANAS: Okay. May I have a motion to accept the meeting minutes. MR. KUNZ: So moved. CHR. CABANAS: Thank you, Mr. Kunz. Do I have a second? MR. VENTURA: Second. CHR. CABANAS: Thank you, Mr. Ventura. So, the motion is to approve the meeting minutes of April 26, 2021. So, we'll do a rollcall vote. Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. The meeting minutes have been approved with three votes saying "aye" and the meeting minutes will be bled. Page 3 Merit Appeals Board Communications (Item 5) June 28, 2021 Communication No. 21-03, Dated June 7, 2021, From William V. Brilhante, Jr., Director Of Human Resources, Notifying The Board Of His Resignation From His Position As The Director Of Human Resources, Effective July 1, 2021 CHR. CABANAS: Next on the agenda is the Communication Number 21-03. Are there any comments from the director regarding this communication? MR. BRILHANTE: No, none at this time. I said at the last meeting I expressed the rationale and the reasons and the justification for the submittal of the letter. And, like I said, it's with a very what's the word I'm looking for—very painful heart that the letter was submitted. But with County government, no matter who's behind the wheel—County government will still go forward. And I think with Waylen, the department will be in good hands and I'm sure the timing with Gabe as the Chair—and I look at the makeup of the MAB membersI think the Board is well positioned to select a replacement who will be very well-qualified and would do a great service for the County going forward. So, with that, I yield. CHR. CABANAS: Okay. Thank you, Director. May I have a motion to accept the Communication Number 21-03 from Mr. William V. Brilhante, Jr., notifying the Board of his resignation from the position as the Director of Human Resources, effective July 1, 2021. MR. VENTURA: I so move. CHR. CABANAS: Thank you, Mr. Ventura. May I have a second. MR. KUNZ: Second. CHR. CABANAS: Thank you, Mr. Kunz. So, the motion is to accept the Communication Number 21-03, dated June 7, 2021, from William V. Brilhante, Jr., Director of Human Resources, notifying the Board of his resignation from his position as the Director of Human Resources, effective July 1, 2021. We will start the rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. Page 4 Merit Appeals Board June 28, 2021 CHR. CABANAS: Ms. Cabanas—aye. Motion carried to accept and file Communication Number 21-03. New Business (Item 6) Confirmation Of The Appointment Of Deputy Director Of Human Resources Waylen L. K. Leopoldino, As The Acting Director Of The Department Of Human Resources, Pursuant To Hawaii Revised Statutes, Section 76-76 CHR. CABANAS: Moving along on the agenda—"New Business." May I have a motion to confirm the appointment of Mr. Waylen Leopoldino as the Acting Director of Human Resources in accordance with Section 76-76 of the Hawaii Revised Statutes. MR. BRILHANTE: Chair, if I may just for clarification. CHR. CABANAS: Sure. MR. BRILHANTE: I think that would be the appointment of Waylen—effective 7-1-2021. Correct? CHR. CABANAS: Yes. MR. BRILHANTE: I would hate to have two directors CHR. CABANAS: Yes. MR. BRILHANTE: —for the next couple of days. CHR. CABANAS: That's correct. That's correct—July 1, 2021. Because your service retirement actually is effective July 1, 2021. And, actually, your resignation is June 30'', 2021, close of business. So, that's correct. Thank you for noting that. MR. BRILHANTE: No, I appreciate that. I appreciate the clarification. Thank you very much. CHR. CABANAS: Just as a HR technical point. Okay. So, again, going back—may I have a motion to confirm the appointment of Waylen Leopoldino as the Acting Director of Human Resources, effective July 1, 2021. MR. KUNZ: So moved. CHR. CABANAS: Thank you, Mr. Kunz. May I have a second. MR. VENTURA: Second. Page 5 Merit Appeals Board June 28, 2021 CHR. CABANAS: Thank you, Mr. Ventura. So, let's do a rollcall vote on the matter. Starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried to confirm the appointment of Mr. Waylen Leopoldino as the Acting Director of Human Resources pursuant to Hawaii Revised Statutes, Section 76-76, effective July 1, 2021. Mr. Leopoldino, you're here in the Council Chambers. Would you like to address the Board? MR. LEOPOLDINO: Good morning, Chair Cabanas, and members of the Merit Appeals Board. My name is Waylen Leopoldino and I am the Deputy Director with the Department of Human Resources. And thank you for giving me the opportunity to say a few words. I know you are all very busy this morning, so I won't take too much time. But I do want to express my gratitude to you all for giving me this opportunity to serve as Acting Director from July 1st I also want to express a sincere gratitude to my boss, my friend, and my colleague, Bill—for being a great mentor over the last few years and the few years that I worked with him before I left to move to the mainland. So, Bill has been a great mentor for me so I wanted to express my gratitude to him as well. I, especially, want to express a gratitude to my colleagues back at the Department of Human Resources. We got an amazing team and I look forward to leading that team until a permanent director is named. And I also have to express my gratitude to my family and friends who have supported me over the years. My career has progressed pretty quickly, one might say but I couldn't do it without the support of everyone. My mentors, a few of you are here today—my supervisors and my colleagues back at Human Resources. So, again, I want to thank you for this opportunity and I will do my best. I will work hard as your Acting Director. My door is always open, if any of you have any questions or comments. I look forward to working with each and every one of you. Thank you. CHR. CABANAS: Thank you, Mr. Leopoldino. I think it's safe to say that the Board wishes you the best and your HR team, to carry on and do the best work that you can to uphold the Merit System and to assist the departments in every way possible in the various HR matters. Page 6 Merit Appeals Board June 28, 2021 So, good luck to you in the "acting" capacity until the Board decides later—at a later time—on how we will move forward with filling the position on a permanent basis. So, good luck to you and the team. MR. LEOPOLDINO: Thank you very much. Unfinished Business (Item 7) FY 2020-2021 Annual Performance Evaluation Of The Director Of Human Resources (HR): Presentation By The Director Of HR Regarding Department's Goals And Objectives For FY 2020-2021; SurveyMonkey Results For FY 2020-2021; NeoGov Survey Results For FY 2020-2021 (Recruitment And Examination Division); Discussion Concerning Recognition Of Director Of Human Resources William V. Brilhante's Dedicated Service To The County Of Hawaii (The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) CHR. CABANAS: Okay. Moving along. We have "Unfinished Business" for discussion and appropriate action. And this concerns the Fiscal 2020-2021 Annual Performance Evaluation of the Director of Human Resources. Director Brilhante, before I ask for a motion, do you have any comments that you'd like to make to the Board? MR. BRILHANTE: At this time, I would like to request, as the holder of the privilege for my performance review, that we do move into executive session. CHR. CABANAS: Okay. Sure. So thank you very much. So, may I ask for a motion for the Board to enter into executive session so that we may discuss the following three matters—well, to discuss the annual performance evaluation of the director of human resources for Fiscal Year 2020-2021. And it will include the presentation by the director of human resources regarding the department's goals and objectives for Fiscal Year 2020-2021. It will also govern the SurveyMonkey results for Fiscal Year 2020-2021 and a discussion concerning the recognition of the Director of Human Resources William V. Brilhante's dedicated service to the County of Hawaii. May I have a motion, please? MR. VENTURA: I so move. CHR. CABANAS: Thank you, Mr. Ventura. May I have a second? Page 7 Merit Appeals Board MR. KUNZ: Second. June 28, 2021 CHR. CABANAS: Thank you, Mr. Kunz. So, the motion is to go into executive session to discuss the three matters that I just read and we will begin with a rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. We have three "aye" votes so motion has been carried for us to go into executive session. And we will now transition into executive session at 10:14 a.m. Thank you, everyone. RECESS: The Chair called for a recess at 10:14 a.m. to convene executive session. RECONVENE: The meeting reconvened at 1:15 p.m. in open session. CHR. CABANAS: Our executive session has ended and we are now in open session at 1:15 p.m. Thank you, Mr. Brilhante, for waiting while we were in executive session discussing your annual evaluation. Our Secretary -Reporter is going to get Nancy Cook -Lauer back online so we'll take a short recess. RECESS: The Chair called for a recess at 1:16 p.m. RECONVENE: The meeting reconvened at 1:17 p.m. in open session. CHR. CABANAS: Okay, thank you everyone. So, we are now in open session and we will the Board will now conduct their vote on the annual evaluation of the director of human resources for the Fiscal Year 2020-2021. May I have a motion for the vote to occur. May I have a motion from the Board members as to whether the Director of Human Resources meets the expectations or does not meet the expectations for Fiscal Year 2020-2021. MR. VENTURA: I move that the Director be rated as meeting expectations. CHR. CABANAS: Thank you, Mr. Ventura. May I have a second? MR. KUNZ: I second. Page 8 Merit Appeals Board June 28, 2021 CHR. CABANAS: Thank you, Mr. Kunz. So, the motion is made to rate the annual evaluation for the Director of Resources for Fiscal Year 2020-2021 as meets expectations. May I have a rollcall vote starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Ayes carry it. So, the annual evaluation for the Director of Human Resources for Fiscal Year 2020-2021 is meets the expectations. Congratulations, Mr. Brilhante. MR. BRILHANTE: Thank you very much. I'm almost—what's the term I'm looking forI would be on edge or to actually be part of the process, the deliberation process. Maybe I'm glad you guys did that in executive session. CHR. CABANAS: We are in open session and, again, congratulations again for meeting the expectations. It's been a rough year for everyone and the Board feels that you have met the expectations. We would like to go into executive session, but I'll need a motion. And the reason why the executive session is so that we can further discuss in detail about the goals that you had established and the various performance categories. So, may I have a motion from a Board member to go into executive session with Mr. Brilhante. MR. KUNZ: So moved. CHR. CABANAS: Thank you, Mr. Kunz. May I have a second? MR. VENTURA: Second. CHR. CABANAS: Thank you, Mr. Ventura. Motion carried for the Board to go back into executive session. Oh, no, we have to voteI'm sorry. So, that's the motion, so with the rollcall vote, Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. Page 9 Merit Appeals Board June 28, 2021 MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried to go into executive session at 1:20 p.m. Thank you, everyone. RECESS: The Chair called for a recess at 1:20 p.m. to convene executive session. RECONVENE: The meeting reconvened at 1:50 p.m. in open session. CHR. CABANAS: Okay. Good afternoon, everyone, we are now in open session at 1:50 p.m. Director's Report (Item 8) CHR. CABANAS: Following the agenda there is no "Director's Report." Schedule Next Meeting Date (Item 9) CHR. CABANAS: We need to schedule our next meeting. The Merit Appeals Board will convene a meeting on Monday, July 12, 2021, at ten a.m. at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii. May I have a motion to schedule the next meeting date for July 12, 2021. MR. VENTURA: I so move. CHR. CABANAS: Thank you, Mr. Ventura. May I have a second. MR. KUNZ: Second. CHR. CABANAS: Thank you, Mr. Kunz. Motion made to schedule the next Merit Appeals Board meeting on Monday, July 12, 2021, at ten a.m. at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. I'll start with the rollcall vote with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR.KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried to schedule our next Board meeting on Monday, July 12, 2021, at ten a.m. at the Hilo Council Chambers in the Hawaii County Building in Hilo, Hawaii. Page 10 Merit Appeals Board June 28, 2021 Adjournment(Item 10) CHR. CABANAS: Okay. If there are no other matters, may I have a motion to adjourn today's meeting. MR. KUNZ: So moved. CHR. CABANAS: Thank you, Mr. Kunz. Mr. Ventura. MR. VENTURA: Second. CHR. CABANAS: Thank you. Motion made to adjourn today's meeting at 1:52 p.m. Rollcall vote starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried. Meeting is now adjourned at 1:52 p.m. Respectfully submitted, il4bUI1U ) Glynis Yam , Secretary-Reporter APPROVED: ✓tA unit. . Cl 1221144 Gabriella M. Cabanas, Chair Merit Appeals Board Page 11