Loading...
HomeMy WebLinkAbout2021-09-15 Merit Appeals Board MinutesMerit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii September 15, 2021 (Wednesday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 10:01 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 Wednesday, September 15, 2021. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair (via Zoom) Mr. Charles Kunz, Member (via Zoom) Ms. Gay Mathews, Member Also Present Mr. Waylen L. K. Leopoldino, Acting Director, Human Resources Department Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Mr. Ryan Thomas, Deputy Corporation Counsel, Office of the Corporation Counsel (via zoom) Ms. Lerisa Heroldt, Deputy Corporation Counsel, Office of the Corporation Counsel (via Zoom) Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Mr. Relley Araceley, Legislative Information and Reference Technician, Office of the County Clerk Ms. Nancy Cook -Lauer, Reporter, West Hawaii Today (via Zoom) Note: As part of the response to the threat of COVID-19, Governor David Ige issued an Emergency Proclamation Related to the COVID-19 Response dated August 5, 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) September 15, 2021 CHR. CABANAS: Good morning, everyone. The regular meeting of the Merit Appeals Board is called to order on September 15, 2021, at 10:01 a.m. I'm Gabriella Cabanas, Chair of the Merit Appeals Board. And with me are my fellow Board members. Coming in from Kailua-Kona via Zoom is Mr. Mel Ventura. Good morning, Mel. MR. VENTURA: Good morning. CHR. CABANAS: And also appearing via Zoom in Hilo is Mr. Charles Kunz. Good morning, Mr. Kunz. MR. KUNZ: Good morning. CHR. CABANAS: And in the Council Chambers with me are fellow Board member Ms. Gay Mathews. Good morning, Ms. Mathews. MS. MATHEWS: Good morning, everyone. CHR. CABANAS: Also, in the Council Chambers with me are our attorney, Deputy Corporation Counsel, Mr. J Yoshimoto. Good morning, J. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: And our Acting Director, Waylen Leopoldino. Good morning, Waylen. MR. LEOPOLDINO: Good morning, everyone. CHR. CABANAS: Our Secretary -Reporter, Glynis Yamada. Good morning, Glynis. MS. YAMADA: Good morning. CHR. CABANAS: And from the Office of the County Clerk is Mr. Relley Araceley who is manning the computer equipment to ensure that our Zoom capability is working. So, I want to welcome everyone to our regular meeting. Addendum to Agenda (Item 2) CHR. CABANAS: Following the agenda, there's no addendum to the agenda. Page 2 Merit Appeals Board September 15, 2021 Statements from the Public (Item 3) CHR. CABANAS: No "Statements from the Public." Approval of Minutes (Item 4): August 16, 2021 CHR. CABANAS: Next on the agenda is the approval of our minutes from our last meeting, August 16, 2021. Has everyone had the opportunity to review the minutes? MR. KUNZ: Yes. CHR. CABANAS: If so—yes? MR. KUNZ: Yes. CHR. CABANAS: Thank you. If so, I'd like to entertain a motion to approve the minutes of August 16, 2021. MS. MATHEWS: So moved. CHR. CABANAS: Thank you. MR. VENTURA: Second. CHR. CABANAS: Seconded by—was it Mr. Ventura? MR. VENTURA: Ah, yes. Second. CHR. CABANAS: Thank you. Thank you, Mel. Okay. So, I have a motion to approve the minutes of August 16, 2021, with the rollcall vote starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried to approve the minutes of August 16, 2021. Page 3 Merit Appeals Board September 15, 2021 Review of Executive Session Minutes: August 16, 2021 (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And92-5(Aa(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: Next on the agenda is the review of the executive session minutes of August 16, 2021. Has everyone reviewed the minutes of the executive session? MR. KUNZ: Yes. CHR. CABANAS: If there are no objections, I'd like to entertain voting on the executive session minutes and receiving it into file for the record. Starting with Mr. Ventura. MR. VENTURA: Has there been a motion? CHR. CABANAS: Oh, I'm sorry, I do need a motion. Yes. May I have a motion to accept the executive session meeting minutes. MR. VENTURA: I so move. CHR. CABANAS: Okay. Moved by Mr. Ventura. MS. MATHEWS: Second. CHR. CABANAS: Moved by Mr. Ventura and seconded by Ms. Mathews to approve the executive session minutes of August 16, 2021. Starting with a rollcall vote. Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Cabanas—aye. Moton carried to accept the executive session minutes of August 16, 2021. Page 4 Merit Appeals Board Communications (Item 5) September 15, 2021 Communication No. 21-04, Received On August 19, 2021, Appealing A Recruitment And Examination Action (Application For A Planner I Position Rejected Due To The Lack Of The Minimum Required Education And Experience) By County Of Hawaii Human Resources Department (Board Action Required: Setting A Hearing Date And Deadlines For Submittal Of Documents) CHR. CABANAS: Next on the agenda is Communication No. 21-04. At this time, the Chair is recusing herself from the scheduling of this appeal that has been submitted. And the reason is the appellant is a family member. So, I'm going to leave the dais here and Mr. Ventura, as the Vice -Chair, will take over for this particular communication. Thank you. (At this time, Chair Cabanas, left the dais.) MR. YOSHIMOTO: So, Board members, this is J Yoshimoto. Let the record reflect that Mel Ventura, Vice -Chair, is now currently chairing the meeting. Mr. Chairman, I would recommend that you read in Communication 21-04 into the record and then entertain a motion. ACTING CHR. VENTURA: Okay. Communication 21-04, received on October 19, 2021, appealing a recruitment and examination action—application for a Planner I position rejected due to the lack of the minimum required education and experience by the County of Hawaii Human Resources Department. And the Board action that will be required today would be to set a hearing date and deadlines for the submittal of documents for this hearing. Are all parties present—is the Appellant present? MR. YOSHIMOTO: Mr. Chairman, this is J Yoshimoto, my understanding is the Appellant is not available today, but we can still proceed by checking in with the other parties. ACTING CHR. VENTURA: So, the date has been tentatively scheduled for October 28, 2021, which is a Wednesday, at ten a.m. at Hilo Council Chambers, at the Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii 96720 I first want to confirm the availability of the Board members. Mr. Mathews, are you available on that day? MS. MATHEWS: Yes, I am. ACTING CHR. VENTURA: And Mr. Kunz? MR. KUNZ: Yes, I am. Page 5 Merit Appeals Board September 15, 2021 ACTING CHR. VENTURA: I also want to check with the County, Ms. Heroldt, your availability? MS. HEROLDT: May I just clarify that Deputy Corporation Counsel Ryan Thomas is first on this matter, so I'll let him speak for the County. Thank you. ACTING CHR. VENTURA: Thanks. MR. THOMAS: Good morning, Mr. Ventura, members of the Board. Yes, Deputy Corporation Counsel Ryan Thomas here for the County. October 28' looks like I won't be able to make that date. Is there a possible date that another date/hour would work for you guys? MR. YOSHIMOTO: Mr. Chairman, this is J Yoshimoto. I'm going to check with staff to see other availability dates, if you can give us a few moments. ACTING CHR. VENTURA: Could we recess? MR. YOSHIMOTO: Yes, staff would need to check on the availability of the Council Chambers. So, yeah, if you could call a brief recess maybe five or ten minutes. ACTING CHR. VENTURA: Okay, yeah. Let's recess for five minutes and let's resume at 10:14 a.m. MR. YOSHIMOTO: Okay. Thank you. RECESS: The Acting Chair called for a recess at 10:09 a.m. RECONVENE: The meeting reconvened at 10:10 a.m. MR. YOSHIMOTO: Mr. Chairman, this is J Yoshimoto, again. We're actually back a little bit earlier from 10:15 just wanted to make sure everyone's still here. We have a proposed date of October 29h. Mr. Thomas, are you available on the 20? MR. THOMAS: Yes, I am. MR. YOSHIMOTO: Okay. Mr. Chairman, do you want to check with the other Board members? ACTING CHR. VENTURA: Yes. Ms. Mathews, October 29h? MS. MATHEWS: Yes, I'm available. ACTING CHR. VENTURA: That is a—and Mr. Kunz. Page 6 Merit Appeals Board September 15, 2021 MR. KUNZ: One second, please. Yes, I am. ACTING CHR. VENTURA: Okay. October 29h is a Thursday? I am also available. MR. YOSHIMOTO: So—it's a Friday. And, Mr. Chairman, just for the record, we're calling the meeting back to order—correct—from the recess. ACTING CHR. VENTURA: Oh, yes. Yes. MR. YOSHIMOTO: Yeah. I believe all the parties are present and aware. So, I don't see any issues there. So, that's on a Friday. Mel, you're good with that? ACTING CHR. VENTURA: That is a Friday yes. MR. YOSHIMOTO: Okay. Am I understanding does the same the time would still be ten a.m., Hilo Council Chambers. ACTING CHR. VENTURA: Ten a.m., Hilo Council Chambers—correct. MR. YOSHIMOTO: Okay, dokie. MR. KUNZ: Mr. Yoshimoto. ACTING CHR. VENTURA: J, is there any MR. KUNZ: I'm sorry. ACTING CHR. VENTURA: Go ahead. MR. KUNZ: J, hi, this is Mr. Kunz. I'm not sure if it's in my place to do so, and we can check the minutes but now, I believe, when you were reading the communication I think you may have said received on October 19, instead of August 19. But can we check the minutes? MR. YOSHIMOTO: Mr. Kunz, yeah, thank you for reminding us on that. Let the record reflect that Communication 21-04 was received on August 19, 2021. So, we'll make that correction for the record. Thank you. So, Mr. Chairman, if everyone is okay with that, did you want to also continue going down the deadlines for the parties? ACTING CHR. VENTURA: Thanks. Yes. So, with a meeting date of—with a hearing date of October 29, the deadlines for the parties the Appellant and the County—September 27, 2021, is the deadline for the parties to submit their documentsexhibits, witness list, motions, Page 7 Merit Appeals Board September 15, 2021 memorandums by the close of business, which is 4:30 p.m. And, once again, that was September 27h. October 11, 2021, is the deadline for parties to respond—responsive pleadings. And that is also by the close of business, 4:30 p.m. The parties will need to submit all documents to the Board's secretary, Glynis Yamada, via email or regular mail or hand -delivered; and to the opposing party. The Board requires one -original and eight -copies for all submittals. Are there any questions? MS. HEROLDT: Chair, Chairman Ventura, may I just ask a question. So, for the 271' of September would that beI'm sorry was that also the exhibits and exhibits lists, witness list? ACTING CHR. VENTURA: Correct. MS. HEROLDT: Okay. Thank you. ACTING CHR. VENTURA: Are there any further questions? Okay. If there are no more questions, then I would like to entertain a motion to hold the hearing on October 29, 2021 which is a Friday—at ten a.m., Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii 96720. MS. MATHEWS: So moved. MR. KUNZ: Second. MR. YOSHIMOTO: And, Mr. Chairman, I'm sorry—Mr. Chairman. ACTING CHR. VENTURA: Yeah, go ahead. MR. YOSHIMOTO: This is J Yoshimoto. And just to clarify, and the corresponding deadlines are acceptable to the parties as stated September 27, 2021, for submission of documents; and October 11, 2021, for responsive pleadings. And, of course to let the parties know that a letter will be sent out to the parties notifying them of the date, time, location, and deadlines as stated in today's hearing. MR. KUNZ: I amend that motion. MS. MATHEWS: I move to—second. MR. THOMAS: Sorry, may I say something? ACTING CHR. VENTURA: Yes. Page 8 Merit Appeals Board September 15, 2021 MR. THOMAS: Thank you. So, I'm looking at my calendar inI actually have a scheduled vacation. I'll be out of the office from September 28h through October 8 ' -that's nine business days. And I'll be out-of-stateI'm just concerned that if we were to submit responsive pleadings, I'll be out of the office. I'm not sure if I'll be able to submit those. PerhapsI mean, I'm sorry to burden everyone. Would it be possible if we can move the hearing and their respective deadlines a month out from what it's currently set? If not, that's okay. MR. YOSHIMOTO: Sohi, this is J Yoshimoto, again. So, Mr. Thomas, you're requesting another hearing date—is that the request? MR. THOMAS: Yes, Mr. Yoshimoto, if that's possible. MR. YOSHIMOTO: Okay That's up to the Board. Mr. Chairman, would you—we can entertain a discussion on that. ACTING CHR. VENTURA: Okay, yes. At this point, I would actually entertain a discussion, `cause now we're talking about November. MR. YOSHIMOTO: Okay. We're going to get the calendar again and we'll be right back. Did you want—call a brief (inaudible) rather than a timeline, just give us a brief recess, Mr. Chairman. ACTING CHR. VENTURA: Sure. MR. YOSHIMOTO: Okay. We'll be right back. RECESS: The Acting Chair called for a recess at 10:19 a.m. RECONVENE: The meeting reconvened at 10:22 a.m. MR. YOSHIMOTO: Mr. Chairman, this is J Yoshimoto, again. We're ready to reconvene the meeting, if you're ready. ACTING CHR. VENTURA: Okay. Yeah, let's reconvene. MR. YOSHIMOTO: Okay. I believe Ms. Mathews would like to address the Board. MS. MATHEWS: Mr. Thomas, I'm wondering if we extend the deadline for the filing by two days, would that solve your problem? MR. THOMAS: As far as the responsive pleadings go? MS. MATHEWS: Yes. MR. THOMAS: So, two days, that would be October 13'h Page 9 Merit Appeals Board September 15, 2021 MS. MATHEWS: It could be late as the 15'', if that will work. MR. THOMAS: I think the 15' would work for the responsive pleadings. MS. MATHEWS: Okay. And we can continue with the hearing date that we've proposed, then. So, I will refer this back to Mr. Ventura. ACTING CHR. VENTURA: Okay. Thank you, Ms. Mathews. So, it has now been proposed that the hearing date will be Friday, October 29, 2021, I have ten a.m., at Hilo Council Chambers at the address that has been earlier stated. September 27h, 2021, would be the deadlines for parties to submit their documentsexhibits, witness list, motions, memorandums by 4:30 p.m. The deadline for parties to respond—responsive pleadings—is now October 15'', 2021, by 4:30 p.m. And so, at this point, I would like to entertain a motion for the hearing date and for the deadlines of September 27h and October 15''. MR. KUNZ: So moved. MS. MATHEWS: Second. ACTING CHR. VENTURA: It has been moved and seconded for October 29h, 2021, with the deadlines of September 27 and October 15. Is there any further discussion? Hearing none, then I'll call for a vote. Ms. Mathews. MS. MATHEWS: Aye. ACTING CHR. VENTURA: Mr. Kunz. MR. KUNZ: Aye. ACTING CHR. VENTURA: Mr. Ventura—aye. Motion is carried. Thank you. Mr. Yoshimoto? MR. YOSHIMOTO: Yes, Mr. Chairman. ACTING CHR. VENTURA: Yes, is Chair Cabanas going to resume the chairmanship of the remainder of the meeting? MR. YOSHIMOTO: Well, the next item there's been a request to take agenda Item 8 out of order. So, yes, Ms. Cabanas will resume the Chair of the meeting with that understanding. And so, to the other parties on the Zoom call, you can remain if you want to or you can leave as well. Okay, thank you. So, Ms. Cabanas will resume the Chair. Page 10 Merit Appeals Board September 15, 2021 CHR. CABANAS: Thank you, Mr. Ventura, and thank you, Mr. Yoshimoto. So, just for the record, are there any objections to taking the "Director's Report" out of order. And the reason is Mr. Leopoldino has to attend a scheduled Cabinet meeting. So, are there any objections? MR. KUNZ: No. MS. MATHEWS: No. CHR. CABANAS: Mr. Ventura, any objection? MR. VENTURA: No, none. Director's Report (Item 8) Director's Report: MAB Quarterly Reports: April – June 2021; Job Performance Report (JPR) Update; Negotiations Update; 2016 Audit Report Follow -Up; COVID-19 Update CHR. CABANAS: Okay, thank you. Okay. So, we'll call on Mr. Leopoldino to provide the Board the director's report. Mr. Leopoldino. MR. LEOPOLDINO: Thank you Chair Cabanas and members of the Merit Appeals Board. MAB Quarterly Reports: April – June 2021 MR. LEOPOLDINO: I have a "Director's Report" for you this morning. I had requested that the MAB Quarterly Reports be held till today's meeting as I was unavailable at our last—at your last meeting. Did anyone have any questions on the—our Quarterly Reports for the Period April through June 2021? MR. KUNZ: No. MR. VENTURA: No questions. MS. MATHEWS: I have one quick question. MR. LEOPOLDINO: Sure. MS. MATHEWS: The—it shows under Goal number 1 that there were no audits conducted. I have no idea how your audits work, but most of the time you can do a lot of that stuff virtually. And I'm just curious if it really needed to be in-person or if you couldn't do some version of an audit by having them submit documentation or documents are online. Page 11 Merit Appeals Board September 15, 2021 MR. LEOPOLDINO: That's correct. I believe parts of that audit can be done that way. However, from what I understand for these Administrative Services audit, they actually have to identify where the departments are filing certain things. So, a portion of it does require an in-person audit. And part of it is to ensure that the departments are complying with certain regulations with filing, for example, personnel files—medical files have to be filed separately and they have to verify that in-person. MS. MATHEWS: Thank you. MR. LEOPOLDINO: Yes. MS. MATHEWS: I appreciate that. MR. LEOPOLDINO: You're welcome. Did anyone else have questions on the quarterly report? Thank you. Job Performance Report (JPR) Update MR. LEOPOLDINO: Moving on to the "Job Performance Report Update" when I was appointed Bill's Deputy Director, I took that on as one of my projects and from Day 1, I began planning for updating our job performance report. First, by engaging with all of our departments. Because it'll affect all of our departments, we initiated a planning meeting with all HR personnel Countywide to get feedback before we proceeded. So, we got a lot of input. I created a team at the DHR, in my department, to focus primarily on developing a new form. So, we have a draft form in place currently, which we've circulated back and forth with our DHR—excuse me—which our—with our departmental HR personnel for further feedback. We're also adding to that a comprehensive policy and procedure to go along with this new form, which we're currently working on. So, what threw a wrench in this whole process is the Governor's Emergency Proclamation which took effect August 5t', which, kind of, put a halt on our progress with the—developing the new form and procedures. We are only now getting back to it, so we will be resuming where we left off and we want to still meet our target date of having something close to final by the end of Oct—November. So, we haven't forgotten that as a priority for our department as there's still a need and we are working to pick up where we left off. And I have a couple of my staff assigned to that specifically and with guidance from me—and the rest of the departmental HR representatives. As I said, they're the ones that's going to be implementing this new form, policy and procedure. So, I just wanted to let this Board know that we are continuing work on it and I will update you Page 12 Merit Appeals Board September 15, 2021 all as we further progress with this project. Do you—any of you have any questions on the JPR report update? MR. KUNZ: No questions. CHR. CABANAS: No. MR. LEOPOLDINO: Thank you. Negotiations Update MR. LEOPOLDINO: I just wanted to do a quick update on negotiations. Bargaining Units 11, 12, and 15 are currently in interest arbitration. Obviously, the details are confidential, but I did want to let you know all other bargaining units have ratified. And so, our focus now is to go through the interest arbitration process with BU 11 is Hawaii Fire Fighters Association; BU 12 is SHOPO the police union; and BU 15 is our brand-new bargaining unit, our water safety officers are moving from BU 14 to BU 15 that bargaining unit will be dedicated to our water safety officers—whereas they were previously in the BU 14 grouped in with, like, the sheriff's department. So, we recently the State created Bargaining Unit 15 to recognize specifically water safety officers. So, it's these three bargaining units that are in interest arbitration at this time. Any questions with negotiations? Thank you. 2016 Audit Report Follow -Up MR. LEOPOLDINO: I'll move on to our "2016 Audit Report Follow -Up." Last week our County Auditor—by the way, we have a new County Auditor in place—Tyler Benner, I believe is his name. He has revisited some of the action items from the previous county auditor. One of them being a follow-up with DHR on the 2016 audit that was conducted on the recruitment process. And so, his staff reached out to me last week and they will be they have initiated that follow-up audit on the findings from 2016. Our Recruitment Manager, Lee Botelho, has started that process which included a questionnaire that was sent over to our department to be completed and sent back to the county auditor for planning. So, we are currently working on that questionnaire. Being that I wasI came from the recruitment division, I will be working closely with Lee Botelho on meeting all requests from the county auditor with regard to the follow-up audit, and I will report back to this Board as we move forward with that process as well. Any questions on that? CHR. CABANAS: I have one question, Waylen. So, are you folks still auditing the department's interview packets? Page 13 Merit Appeals Board September 15, 2021 MR. LEOPOLDINO: That is correct. And if you refer back to our quarterly reports for recruitment, we have through April through June, we did complete three of those audits. I do want to add to that—it has been challenging only because we are trying to limit the in-person meetings. However, we are working through using alternate means to include Zoom—our department and the rest of the departments have been comfortable with using alternative methods in meetings. So, we have started up again those departmental audits. CHR. CABANAS: So, as part of the audit, I this is Chair Cabanas asking. Part of the audit is actually reviewing the interview packet itself. So, are the departments—can you explain the process to the Board so that they are aware of what's involved. MR. LEOPOLDINO: Sure. CHR. CABANAS: The packets are coming to—hard copy to DHR—and then, can you explain that. MR. LEOPOLDINO: Sure, no problem. So, the audit process begins with a req the department—we initiate these audits from the time we receive a request to fill from the department we are going to audit. For example, if we get a request to fill from a department for, let's say, a Clerk III—and they are on the list to be audited, which all departments are, we will initiate the audit process which starts off with asking the department to submit aan interview packet—and we will thoroughly review that interview packet primarily focusing on the interview questions and assessments. They're given back in 2018, all departments were given notice that we were going to be conducting these annual audits with a list of specific items we would be auditing. That list of items we would be auditing is they're reminded when we request the interview packets. So, the interview packets are hand -delivered to our office and there's an acknowledgement form at that point. And we have three days to review that packet and request a meeting with the department to come back, and we would review with them our results and our findings. I don't have the list of items that we specifically look for but it is a specific list of items that we look for when we're reviewing the interview questions at—the assessment that—if an assessment is used and the assessment as well. If there are any corrective items which, we, in DHR feel violates any of our policies and procedures, we will note that and we will not let the department proceed with filling that position until all items are corrected. And therein several instances, we've had departments where we had back and fortha back and forth communication with fixing some of the items that we've identified were not acceptable. Page 14 Merit Appeals Board September 15, 2021 So, it is a very good tool to keep the departments—and it's not intentional. It's oversight, sometimes, on the departments that they need to be reminded. So, it's been a great process for us to work closely with the departments. MS. MATHEWS: And this is Gay Mathews. Is it possible to get a copy of that list? MR. LEOPOLDINO: Sure, we can send that a copy of that list over to you all. CHR. CABANAS: So, Mr. Leopoldino, this is Chair Cabanas. So, to make it clear, so the departments cannot proceed with their interview until HR clears and approves their interview packet. Correct? MR. LEOPOLDINO: That is correct. Until they get a signed approval from the Director of Human Resources that their interview packet has been approved they're not to proceed with their interviews. CHR. CABANAS: Okay. Thank you. MR. LEOPOLDINO: Any more questions on audit report follow-up? CHR. CABANAS: I have one more question, Waylen. MR. LEOPOLDINO: Sure. CHR. CABANAS: On the Whistleblower Hotline, where is that? What's the status on that? MR. LEOPOLDINO: So, the status is weDHR no longer has the funding for that, however, I met when the new County Auditor came on board. It was assigned to one of the staff at the county auditor. So I met with the county auditor staff and we transitioned all the information that we had on the Whistleblower report, as this staff person was assigned to take that project on. And I will be working closely with that staff person at the county auditor's office. CHR. CABANAS: So, the funding is where now with the Office of the County Clerk? MR. LEOPOLDINO: I believe it I can't I don't know where that funding is, but I'm assuming it went back to the County Clerk's office, but I can confirm but it's no longer with the Department of Human Resources. CHR. CABANAS: And the position that was going to be (inaudible) the position there was going to be a position allocated to oversee the hotline calls. What's the status of that? MR. LEOPOLDINO: So, from what I understand with my discussion with the county auditor is they were assigned to determine the next steps, including establishing a position. CHR. CABANAS: Do you know what those steps are? Page 15 Merit Appeals Board September 15, 2021 MR. LEOPOLDINO: No. So what we've done so far is we've transferred all the information that DHR has collected to the county auditor, and they were going to follow-up with me as to what they determine. CHR. CABANAS: Okay. Sorry, that still, kind of, bothers me. So MR. LEOPOLDINO: I canI'd be happy to follow-up. CHR. CABANAS: Has the clerk's office or the legislative auditor—had they submitted—`cause the position has to be allocated with Council approval. MR. LEOPOLDINO: Correct. CHR. CABANAS: So, that hasn't occurred at all? MR. LEOPOLDINO: Not to my knowledge no. But I can follow-up and get the status on that. CHR. CABANAS: Okay. `Cause I believe that was the la that was one of the recommendations in the auditor's reportjust for the benefit of our Board members— MR. LEOPOLDINO: Mm-hmm. CHR CABANAS: —and it's been a couple years already. Okay. Thank you. MR. LEOPOLDINO: You're welcome. Any further questions on the 2016 audit report follow- up? Thank you. COVID-19 Update MR. LEOPOLDINO: We'll move on to my final item on my update is—seems to be the hot topic these days CO the COVID-19 update. So, for those of you who are not familiar with what's currently going on. On August 5h of this year, 2021, Governor Ige issued an Emergency Proclamation with specific—with a provision specifically requiring state and county employees to either be vaccinated or be subject to weekly testing, effective August 16th. So, we had less that ten days to implement policies and procedures to effectuate the Governor's mandate. Since then, that has been our priority—it's been a priority for our department. There are a lot of unknowns that our department's look to DHR for where we don't have all the answers. Very limited guidance from the State. Page 16 Merit Appeals Board September 15, 2021 So, a lot of what we've implemented had to be implemented closely with the guidance of Corporation Counsel and our Mayor's Office and through those partnerships we were able to put something together to be effective August 16''. We have been dealing with a lot of questions from our employeesa lot concerns that we've been trying to address on a case-by-case basis. As I this situation touches upon a lot of sensitive things, personally, with our employees and we have to recognize that. However, our job in DHR is to implement the Governor's Emergency Proclamation and that has been the consensus of all the directors statewide. We've decided to take the position of moving forward together so that we can address any potential litigation issues that may arise as a result of this emergency proclamation. But the foundation of implementing our County policies and procedures is to ensure the health and safety of all of our County employees, and all of our policies and procedures put in place thus far that is the focus. And we, like I said, we work closely with Corp. Counsel for legal guidance every step of the way. So, we curI mentioned earlier that COVID-19 has been taking up most of my days since this implementation as well as DeeAnn—she is one of my managers in Administrative Services. She's my senior manager. So, COVID-19 this situation with the vaccination and testing has been taking up our entire day, pretty much, since the announcement by the Governor on August 5'h—and I know J can attest to that because he gets a bunch of emails from me. But it's a moving target. I do want to let this body know it's a moving target every day, every hour something changes. But we are doing our best to address all the scenarios that come at us. But in this situation, DHR is the guidance for everyone. And so, I'm very fortunate to have a team that pulled together at the last minute. I can tell you we worked day and night, weekends—continuously to try and meet every single demand as a result of this emergency proclamation. And I know all of you keeping in the loop with the news going onI know that you are all aware of all these changes almost weekly, that we have to respond quickly to communicate to our employees. So, it's a balancing act but I think we're doing a great job. I need to recognize my team. Every single one of them has stepped up. And so, I couldn't do it without them. But that's, basically, where we're at. And I'm happy to take any specific questions that you might have with regard to what we've had to implement so far. MR. KUNZ: Mr. Leopoldino, have you this is Mr. Kunz. Have you also run into abuses ofI mean, `cause you are sharing with us how your office implementing the proclamation and working with staff in the department. Have you needed to address abuse of the proclamation as well? MR. LEOPOLDINO: With regard to abuse, we're—related to COVID but not to this emergency proclamation. We also have an exposureCOVID-19 exposure memo issueda policy with Page 17 Merit Appeals Board September 15, 2021 it's related to any employee that might come into close contact, we issue five days of administrative leave. So when we—if you're talking about abuse among our employees, we're very vigilant with the distribution of admin. leave because, yes, we would anticipate abuse with admin. leave. But we would address it as long as it's brought to our attention. With regard to this emergency proclamation, it's more of a non-compliance issue where employees are being blatant about non-compliance. Part of the package that DHR had to issue was a tracking log for each and every one of our employees in the County. So, we are tracking each of our employees status weekly. And if there were any abuses, it would be identified at least weekly where we would address it with that department. Fortunately, all of our departments with the help of our managing director, have been compliant with following-up and implementing discipline, as needed. So, where we have non-compliance, our departments are very responsive in issuing discipline. And, again, that goes back to us trying to be consistent with the rest of the jurisdictions and being consistent among the—Countywide—so that if there's any litigation in the future, we can show that we were consistent in applying the policies and procedures. So, that's kind of a long answersorry, Mr. Kunz, but we do have tracking in place to address any non-compliance issues. MR. KUNZ: Thank you. MR. LEOPOLDINO: You're welcome. Any further questions? CHR. CABANAS: Not from me not from the Chair. Anyone else have questions for the director? MS. MATHEWS: Yes, actually this is Gay Mathews. MR. LEOPOLDINO: Sure. MS. MATHEWS: Could I backup to the 2016 audit. I apologize, I've only been on the Board since the beginning of the year. So, do I understand correctly there has not been another audit since the 2016? MR. LEOPOLDINO: That's correct. MS. MATHEWS: Okay. So, therefore, this would be in five years, in theory—all of the items that were recognized by the audit should have been addressed. MR. LEOPOLDINO: Correct. Page 18 Merit Appeals Board September 15, 2021 MS. MATHEWS: And it appears that this may not be true. Is it possible, again, I may be overstepping—for us to get a copy of that audit. Because I don't think anybody, except for you, has probably seen it—with comments about where each of those items is at this point? MR. LEOPOLDINO: Sure. We could actually provide an upa status update. MS. MATHEWS: I think that could be really helpful. CHR. CABANAS: The audit report is public on the County Clerk's website as well, if you want to look at it. It's quite detailed. But, yes, you're right, Ms. Mathews, thereI guess with the legislative auditor, they were scheduled to come and audit HR back in I believe twoI was there in 2018—so they were scheduled to come I think in 2019, but things were happening internally in their office and they didn't come when I left. But that Whistleblower Hotline is one of the biggies that has not been implemented and was a recommendation from the legislative auditor back then. That's why I kept on asking about it and I keep on asking about the audit of the interview packets because that's what would be keeping the departments accountable. And that's where, really, the problems were in the hiring. So, that's why I kept on bringing it up when we met that this topic is listed. But it—yeah, it would be good if the Board members can review the audit report, so you can digest it and sense the seriousness behind of what was going on. MS. MATHEWS: Well, and not—Ms. Mathews not only recognizing the audit but to see the progress has been made and those because I had no idea about these outstanding items. I didn't evenI wasn't even aware of a 2016 audit. And so, having been somebody—along with Mr. Ventura, who experiences audits all the time—our board always new exactly where we were on each of those items and, hence, my request. MR. LEOPOLDINO: Yes, we can provide that information. No problem. MS. MATHEWS: Thank you. CHR. CABANAS: Any other questions for the Director? Mr. Ventura, any questions? MR. VENTURA: No questions. CHR. CABANAS: Thank you. Mr. Kunz? MR. KUNZ: No questions. CHR. CABANAS: Thank you. Ms. Mathews, any other questions? MS. MATHEWS: No. Thank you. Page 19 Merit Appeals Board September 15, 2021 CHR. CABANAS: Okay. And none for me. Thank you, Mr. Leopoldino. MR. LEOPOLDINO: Thank you. CHR. CABANAS: Okay. Moving along on our agenda. New Business (Item 6) CHR. CABANAS: Let's go back to the there are no "New Business." Unfinished Business (Item 7) Selection Process For Filling The Position Of New Director Of Human Resources. Assessment And Review Of Selection Process For Filling The Position, Timeline, Advertisements, And Interview And Selection Process (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: And so, we are now on "Unfinished Business." The selection process for filling the position of the new director of human resources, from which the Chair has recused herself for the reasons that I have cited on record at our last meeting. So, I'm going to turn this portion over to our Vice -Chair, who will serve as the Acting Chair for this particular topic. And I will now leave the Council Chambers at 10:52 a.m. Thank you for your patience. (At this time, Chair Cabanas, exited the meeting room.) MR. YOSHIMOTO: Mr. Chairman, this is J Yoshimoto. ACTING CHR. VENTURA: Hi. MR. YOSHIMOTO: Hi. Could we take a five-minute recess break? ACTING CHR. VENTURA: Okay. Yes, let's recess for five minutes and let's reconvene at 10:58. MR. YOSHIMOTO: Okay. Thank you. Page 20 Merit Appeals Board RECESS: The Acting Chair called for a recess at 10:53 a.m. RECONVENE: The meeting reconvened at 10:59 a.m. ACTING CHR.VENTURA: Okay. Has everyone returned from recess? MR. KUNZ: Yes. September 15, 2021 MR. YOSHIMOTO: Hi, Mr. Chairman, this is J Yoshimoto. We are back, we're ready, we would need a motion to go into executive session. So, you could call the meeting back to order and then entertain that motion. ACTING CHR. VENTURA: Okay. I will call the meeting back to order, and I would entertain a motion for us to enter executive session. MS. MATHEWS: So moved. MR. KUNZ: Second. ACTING CHR. VENTURA: It's been moved by Ms. Mathews and seconded by Mr. Kunz that we enter executive session. MR. YOSHIMOTO: So, Mr. Chairman ACTING CHR. VENTURA: All in favor— MR. YOSHIMOTO: Sorry. Sorry to interrupt, Mr. Chairman. So, for the record, the Board is entering into executive session pursuant to HRS 92-4, 92-5(a)(2), 92-5(a)(4), for the purposes of evaluating an officer/employee for the County of Hawaii where considerations of matters affecting privacy will be involved and consulting with the Board's attorneys on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. ACTING CHR. VENTURA: Thank you. MR. YOSHIMOTO: And then, sorry, Mr. Chairman, so the purpose of the executive session is to go on to discuss Item agenda number 7, the selection process for the filling the position of a new director of human resources, assessment review of the selection process for the filling the position, timeline, advertisements, and interview and selection process. ACTING CHR. VENTURA: Thank you. Is there any further discussion. If not, it has been moved and seconded that we move to executive session. All in favor say aye. MS. MATHEWS: Aye. Page 21 Merit Appeals Board MR. KUNZ: Aye. ACTING CHR. VENTURA: Aye. All in favor nay? Motion is carried. MR. YOSHIMOTO: So, Mr. Chairman, give us a minute to clear the room. ACTING CHR. VENTURA: Yeah, let me know when the room is cleared. September 15, 2021 RECESS: The Acting Chair called for a recess at 11:03 a.m. to convene executive session. RECONVENE: The meeting reconvened at 11:19 a.m. in open session. CHR. CABANAS: The Merit Appeals Board is now back open in open session at 11:19 a.m. On the agenda is scheduling the next meeting date. MR. YOSHIMOTO: I'm sorry. So, Madam Chair, where we're at is we're on—still on Item 7. CHR. CABANAS: Oh, okay. Selection Process For Filling The Position Of New Director Of Human Resources. Assessment And Review Of Selection Process For Filling The Position, Timeline, Advertisements, And Interview And Selection Process (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) MR. YOSHIMOTO: And then, so right now the Board, the recommendation is to entertain a motion to approve the selection process as discussed in executive session. CHR. CABANAS: Okay. So, may I have a motion? MS. MATHEWS: Yes. I move that MR. VENTURA: I will call for the motion. CHR. CABANAS: Oh, sorry, Mr. Ventura. Okay, go ahead, please. VICE -CHR. VENTURA: I'll call for the motion to approve the selection process for the HR director that was discussed in executive session. Page 22 Merit Appeals Board MS. MATHEWS: So moved. MR. KUNZ: Second. September 15, 2021 VICE -CHR. VENTURA: It's been moved by Ms. Mathews and seconded by Mr. Kunz that the selection process be approved. And, at this point, I will call for a vote. Ms. Mathews. MS. MATHEWS: Aye. VICE -CHR. VENTURA: Mr. Kunz. MR. KUNZ: Aye. VICE -CHR. VENTURA: And Ms. Cabanas is recused. And Mr. Ventura—aye. Motion is carried. CHR. CABANAS: Okay. Thank you, Mr. Ventura. Director's Report (Item 8) (Previously taken out of order.) Schedule Next Meeting Date (Item 9) CHR. CABANAS: We are now back. Following the agenda scheduling the next meeting date for October 29h, 2021, Friday, at ten a.m. in the Hilo Council Chambers with Zoom capability as well. May I have a motion to approve this meeting day? MR. KUNZ: So moved. MS. MATHEWS: Second. CHR. CABANAS: Okay. Voterollcall vote. Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. Page 23 Merit Appeals Board September 15, 2021 CHR. CABANAS: Ms. Cabanas—aye. Motion carried. Adjournment(Item 10) CHR. CABANAS: At this time I'd like to call for a motion to adjourn today's meeting. MR. KUNZ: So moved. MR. VENTURA: Second. CHR. CABANAS: Thank you. Rollcall vote to adjourn today's meeting. Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion caned. Meeting is now adjourned at 11:22 a.m. Thank you everyone. Respectfully submitted, 414,414aart) Glynis Yamada, Secretary-Reporter APPROVED: /It CaA tiikk. " - . Q tern{/I.Gi 5'"— Gabriella M. Cabanas, Chair Merit Appeals Board Page 24