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HomeMy WebLinkAbout2022-02-02 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii February 2, 2022 (Wednesday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 9:41 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, February 2, 2022. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Mel Ventura, Vice -Chair Ms. Kate De Soto, Member Mr. Charles Kunz, Member Ms. Gay Mathews, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Mr. Waylen L. K. Leopoldino, Acting Director, Human Resources Department Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Ms. Jeanette Aiello, Council Administrative Services Supervisor, Office of the County Clerk As part of the response to the threat of COVID-19, Governor David Ige issued an Emergency Proclamation Related to COVID-19 dated November 29, 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) February 2, 2022 CHR. CABANAS: Good morning, everyone. The regular meeting of the Merit Appeals Board is called to order on this day, February 2nd, 2022, at 9:41 a.m. We have quorum. All five Board members are here. I'm Gabriella Cabanas, Chair of the Merit Appeals Board. Along with me are Mr. Mel Ventura, Vice -Chair; Ms. Kate De Soto, Ms. Gay Mathews, and Mr. Charlie Kunz. Good morning, Board members. MR. KUNZ: Good morning. CHR. CABANAS: Also present in the Council Chambers at the Hawaii County Building at 25 Aupuni Street, are our legal counsel, J Yoshimoto, Assistant Corporation Counsel. MR. YOSHIMOTO: Good morning. CHR. CABANAS: Good morning, J. And our Secretary -Reporter Glynis Yamada. MS. YAMADA: Good morning. CHR. CABANAS: Good morning, Glynis. And we also have our Acting Director Waylen Leopoldino in the Council Chambers. MR. LEOPOLDINO: Good morning. CHR. CABANAS: Good morning, Waylen. Okay. Addendum to Agenda (Item 2) CHR. CABANAS: Looking at the agenda, we do not have any "Addendum to the Agenda." Statements from the Public (Item 3) CHR. CABANAS: There are no "Statements from the Public." 9:00 a.m.: Interview Re Selection Of New Director Of Human Resources - Interview, application review, and discussion regarding the selection of the new Director of the Department of Human Resources (Executive Session: The Merit Appeals Board Anticipates Convening An Executive Meeting Regarding The Above Matter, Pursuant To Section 92-5(a)(4), For The Purpose Of Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities, And Section 92-5(a)(2) To Consider The Hire Of A County Officer Where Consideration Of Matters Affecting Privacy Will Be Involved. A 2/3 Vote Pursuant To Hawaii Revised Statutes, Section 92-4 Is Necessary To Hold An Executive Meeting) Page 2 Merit Appeals Board February 2, 2022 CHR. CABANAS: We do have the interview regarding the selection of our new Director of Human Resources scheduled to be held today, here in the Council Chambers. We will go over the interview application review and discussion regarding the selection of the new Director of the Department of Human Resources. At this point, we will go into "Unfinished Business." Unfinished Business (Item 4) Selection Process For Filling The Position Of New Director Of Human Resources - Assessment And Review Of Selection Process For Filling The Position, Timeline, Interview And Selection Process. (Note: At The Merit Appeals Board Meeting Held On January 14, 2022, This Matter Was Continued To Its Meeting Scheduled On February 2, 2022) (Executive Session: The Merit Appeals Board Anticipates Convening An Executive Meeting Regarding The Above Matter, Pursuant To Section 92-5(a)(4), For The Purpose Of Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities, And Section 92-5(a)(2) To Consider The Hire Of A County Officer Where Consideration Of Matters Affecting Privacy Will Be Involved. A 2/3 Vote Pursuant To Hawaii Revised Statutes, Section 92-4 Is Necessary To Hold An Executive Meeting) CHR. CABANAS: So, at this point, may I receive a motion for the Board to enter into executive session. MS. MATHEWS: So moved. CHR. CABANAS: A second? MR. VENTURA: Second. CHR. CABANAS: Thank you, Gay and Mel. Any discussion, Board Members? Okay, no discussion. So, I will take a rollcall vote for the Board to enter into executive session for the Board to go over the selection process for filling the position of new Director of Human Resources. Rollcall vote starting with Mr. Mel Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. Kate De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Gay Mathews. MS. MATHEWS: Aye. Page 3 Merit Appeals Board February 2, 2022 CHR. CABANAS: Mr. Charlie Kunz. MR. KUNZ: Aye. CHR. CABANAS: And. Ms. Cabanas—aye. Five ayes are received, so we will now move into the selection process for filling the position of the new Director of Human Resources. RECESS: The meeting recessed at 9:45 a.m. to convene executive session. RECONVENE: The meeting reconvened at 2:50 p.m. in open session. 9:00 a.m. Interview Re Selection Of New Director Of Human Resources: Interview, Application Review, And Discussion Regarding The Selection Of The New Director Of The Department Of Human Resources (Executive Session: The Merit Appeals Board Anticipates Convening An Executive Meeting Regarding The Above Matter, Pursuant To Section 92-5(a)(4), For The Purpose Of Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities, And Section 92-5(a)(2) To Consider The Hire Of A County Officer Where Consideration Of Matters Affecting Privacy Will Be Involved. A 2/3 Vote Pursuant To Hawaii Revised Statutes, Section 92-4 Is Necessary To Hold An Executive Meeting); And Selection Process For Filling The Position Of New Director Of Human Resources: Assessment And Review Of Selection Process For Filling The Position, Timeline, Interview And Selection Process. (Note: At The Merit Appeals Board Meeting Held On January 14, 2022, This Matter Was Continued To Its Meeting Scheduled On February 2, 2022) (Executive Session: The Merit Appeals Board Anticipates Convening An Executive Meeting Regarding The Above Matter, Pursuant To Section 92-5(a)(4), For The Purpose Of Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities, And Section 92-5(a)(2) To Consider The Hire Of A County Officer Where Consideration Of Matters Affecting Privacy Will Be Involved. A 2/3 Vote Pursuant To Hawaii Revised Statutes, Section 92-4 Is Necessary To Hold An Executive Meeting MR. YOSHIMOTO: So, the motion would be to conclude that process, with a motion and a second. CHR. CABANAS: Do I have to repeat what you said? MR. YOSHIMOTO: I can restate it better. Yeah. CHR. CABANAS: Okay. Page 4 Merit Appeals Board February 2, 2022 MR. YOSHIMOTO: So, Chair would recommend that there be a motion to conclude Item number 4 on the agenda the selection process for the filling the position of new Director of Human Resources. CHR. CABANAS: Okay. Thank you, Counsel. May I have a motion, please? MR. KUNZ: So moved. CHR. CABANAS: Second? MR. VENTURA: Second. CHR. CABANAS: Thank you, Charlie and Mel. Any discussion, Board members? If not, we'll start with a rollcall vote to conclude agenda Item number 4, the selection process for filling the position of the new Director of Human Resources. Mr. Mel Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. We have five ayes. Motion carried to conclude agenda Item number 4, the selection process for filling the position of the new Director of Human Resources. MR. YOSHIMOTO: Madam Chair, the next motion recommended would be to have a motion to set the selection of the new Director of Human Resources for the February I Ph, 2022, meeting at 10 a.m., Hilo Council Chambers. CHR. CABANAS: Thank you, Counsel. May I have a motion, please? MS. MATHEWS: So moved. CHR. CABANAS: Second? Page 5 Merit Appeals Board MS. DE SOTO: Second. February 2, 2022 CHR. CABANAS: Thank you, Gay and Kate. Motion made to announce the selection of the next Director of Human Resources at our February I Ph, 2022, Board meeting at 10 a.m. in the Hawaii Council Chambers—Hilo Council Chambers at the Hawaii County Building. So, yeah—so rollcall vote, please, starting with Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes. Motion carried to announce the selection of our next Director of Human Resources at our February 11, 2022, Merit Appeals Board meeting at 10 a.m. in the Hilo Council Chambers at the Hawaii County Building. Thank you. Approval of Minutes (Item 5) CHR. CABANAS: Okay. So, we are now back following our agenda. So, agenda Item number 5, there are no "Approval of Minutes." Communications (Item 6) CHR. CABANAS: And Number 6, no "Communication(s)." Director's Report (Item 7) MAB Quarterly Reports: October — December 2021; Performance Appraisal System Policy & Procedures And Performance Appraisal Review Form Update; Mileage Reimbursement Update CHR. CABANAS: So we are now on agenda Item number 7 with the "Director's Report." And, for the record, we have Acting Director Waylen Leopoldino back in the Hilo Council Chambers with the Merit Appeals Board members to provide his director's report. Thank you, Waylen. Page 6 Merit Appeals Board February 2, 2022 (At this time, Mr. Waylen L. K. Leopoldino, Acting Director, Department of Human Resources, came forward.) MR. LEOPOLDINO: Thank you. CHR. CABANAS: You may proceed. MAB Quarterly Reports: October – December 2021 MR. LEOPOLDINO: We'll start with the Quarterly Reports. Did anybody have any questions on the Quarterly Reports for October through December 2021? CHR. CABANAS: I had one, Waylen. MR. LEOPOLDINO: Sure. CHR. CABANAS: And it's really for the benefit of the Board members. MR. LEOPOLDINO: Sure. CHR. CABANAS: So, for the recruitment report. MR. LEOPOLDINO: Yes. CHR. CABANAS: Under TAOL's which is, for the Board members, "Temporary Appointments Outside of a List"I noticed the number was 17. MR. LEOPOLDINO: Mm-hmm. CHR. CABANAS: Now, I know that you reported earlier that there are recruitment difficulties especially with the pandemic but can you explain, in general, situations arising to these 17 TAOL's and explain to them why—explain to us why? Is it because we have no eligible list in existence that the TAOL's are arising? MR. LEOPOLDINO: Sure. I can identify a couple of departments specifically who have expressed concerns for keeping certain positions in their departments vacant for any period of time. And so, the Temporary Appointment Outside of a List is an option for the department to immediately fill that vacancy with an individual outside of the civil service recruitment process, so that there's no lapse in services. For example, they may need to bring on—right now they're having issues with Solid Waste Facility Attendants. Those are the attendants that assist the public in disposing their trash at the Page 7 Merit Appeals Board February 2, 2022 solid waste facilities. And I'm sure you're all are aware of the recent closures due to staffing issues—and the TAOL is what we refer to it as—would be the option to get somebody in the door right away so that we can continue operations. Another class of work is that Cashier 11 positions, which serve as the entry-level into the Vehicle License and Registration Division. So, again, you might have heard that we had to close offices due to staffing shortages. So, a lot of these operations to immediately fill and continue services, the department has had that option to use TAOL. It's different because it's outside of the regular civil service process. So, that individual selected for any of these TAOL positions would not be appointed into a permanent civil service position. They would have to apply through the regular civil service process. But I believe in the past, I wasn't with the County they used to use the term "emergency hire" or something to that effect. So, this serves somewhat like for that same purpose I believe. But, yes, you're seeing an increase here specifically due to those circumstances. It's a quick hire but it's outside of the civil service process. CHR. CABANAS: There are parameters to it. In other words, so many months go by MR. LEOPOLDINO: Correct. CHR. CABANAS: —and then what happens you need to start a recruitment, right? MR. LEOPOLDINO: Correct. Yes. So, there is certain rules we have in place, under 339, under the Director's Rules with temporary hires. There's options where the department can select an 89 -day hire, no option to extend. They would have to have a break in service and then extend. So, there's different circumstances. Yes, and so the departments, there's a contingency in the Rules where you cannot fill it beyond 12 months. So, at the 12 -month mark, the department would have to come in and recruit for it permanently, through the civil service process. Yes? CHR. CABANAS: You have anything else? MR. LEOPOLDINO: I might. I guess I'm in a brain fog. But the premise behind the TAOL's is the quick hire, but the individual brought in would still have to go through a civil service process, eventually, to gain that status. And it's usually, the departments will come in with a TAOL request alongside with the "Request to Fill" that position through the civil service process. So, we would get two requests—one for the immediate hire and the second request would be to fill that position temporarily through the normal civil service process, which as we all know, takes a little bit of time. Page 8 Merit Appeals Board February 2, 2022 CHR. CABANAS: Okay, thank you, Waylen. MR. LEOPOLDINO: You're welcome. CHR. CABANAS: Anyone have other questions for the quarterly report? No? Okay, Waylen, I guess you can move on. Performance Appraisal System Policy & Procedures And Performance Appraisal Review Form Update MR. LEOPOLDINO: The second item under the "Director's Report" is our Performance Appraisal System Policy & Procedures and Performance Appraisal Review Form, which I'm happy to say that we have sent out for union consult—that required union consult, `cause it's a revision to an existing policy and procedure. And so, we only got a couple of unions that—minor concerns. A lot of—like, just housekeeping things, questions on defining certain words—so nothing major. We are moving forward with training supervisors on the new policy and procedures, which begins on Friday. But we can continue to work with the unions on ironing out any questions that they have. So, although we're a little over one-year in implementation we are—we have finalized the form and the new policy and procedures—so that is in place. CHR. CABANAS: So, the departments that had their established internal JPR form MR. LEOPOLDINO: Yes. CHR. CABANAS: they're okay with this new format now? MR. LEOPOLDINO: I'm going to tell you that it did involve a lot of back and forth. It wasn't welcomed with open arms because I'm sure you can all understand that they're so they were all used to their own forms. But we were trying to streamline it and make everything consistent. And so, it took us a year to engage with all of the departments to discuss why we're doing, what we're going, and to get them to understand. So, by the end of December, they were all, pretty much, on board. And what they liked about it is the simplicity of this new form and the explanation provided in a more comprehensive policy and procedure that we put in place. So, I think that helped them a lot. If you provide the guidance to them, they're more amenable to, kind of, adopting whatever we put forth. So, we did get some resistance but nothing significant. So, we're going to move forward and see how this goes. Page 9 Merit Appeals Board February 2, 2022 CHR. CABANAS: Okay. Thank you. Any questions from anyone? No. Okay, continue, Waylen. Mileage Reimbursement Update MR. LEOPOLDINO: The last item on my director's report, which I hate to bring up on my interview day, but I'm going to take it. The mileage reimbursement update, I do want to apologize for my initial communication on that. We areI'm also glad to say that we can offer—we have, based on law, we are required to provide mileage reim travel expenses, which include mileage reimbursement to the Merit Appeals Board. So, we are going to retro your reimbursement request for mileage, going back from the point we had requested to stop it. So, that's my update and I have a memo in your packet to describe my rescinding of that—of your mileage reimbursements. So, I'm happy to announce that we can move forward and provide mileage reimbursement. CHR. CABANAS: And I want to thank you, Waylen, for following up on that and also from the Office of the Corporation Counsel for researching it because we do have Board members that travel far. MR. LEOPOLDINO: Yes. CHR. CABANAS: And because this is, they're here on a volunteer basis, it's only right that they get their mileage reimbursement. So, thank you for doing that, and thank you, your staff, and thank you to the Office of the Corporation Counsel for their research on that. Thank you. MR. LEOPOLDINO: You're welcome. CHR. CABANAS: Okay. Any question—other questions for the Acting Director? MS. MATHEWS: Actually, I have one. Based on understanding that the budget is always a challenge, where did you have to steal this money from in order to pay the Board members. MR. LEOPOLDINO: As I mentioned earlier, if you're nice to the finance director—our finance director, she's amazing because when it was proposed to her by Corporation Counsel that is mandated by law, she responded and looked for the money and was able to put it back into our budget. So, it wasn't anything we had to cut additionally. She knows it's mandated by law, so she had to do her magic and find the money to put back into our budget. So, it wasn't anything extra in our budget. Page 10 Merit Appeals Board February 2, 2022 MS. MATHEWS: Okay, that's good. `Cause otherwise I thought I would have to go to OfficeMax and buy you reams of paper to make up for this. MR. LEOPOLDINO: You can still do that, though. MS. MATHEWS: Oh, okay. MR. LEOPOLDINO: Just kidding. Thank you. CHR. CABANAS: Okay. Anything else, Board members, to ask of the Acting Director. Okay, Waylen, thank you very much. MR. LEOPOLDINO: Thank you. CHR. CABANAS: It's been a long day. MR. LEOPOLDINO: Yes. CHR. CABANAS: Thank you. MR. LEOPOLDINO: Thank you. Have a good evening. CHR. CABANAS: You, too. MR. LEOPOLDINO: Thank you. Schedule Next Meeting Date (Item 8) CHR. CABANAS: Okay. So, we are now on scheduling the next meeting, which is—we're looking at February I Ph, 2022, which is next Friday, at 10 a.m., at the Hilo Council Chambers of the Hawaii County Building. So, can I have a motion for us to schedule that—the next meeting for February 11�' at 10 a.m. MS. MATHEWS: So moved. CHR. CABANAS: Thank you, Gay. Second? MS. DE SOTO: Second. CHR. CABANAS: Thank you, Kate. Any discussion? If not, start with a rollcall vote to schedule the next meeting date on Friday, February 11, 2022, at 10 a.m., at the Hilo Council Chambers, at the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, 96720. Rollcall vote starting with Mr. Ventura. Page 11 Merit Appeals Board MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. February 2, 2022 Motion carried to schedule our next meeting for next Friday, February 11, 2022, at 10 a.m., at the Hilo Council Chambers of the Hawaii County Building. Adiournment (Item 9) CHR. CABANAS: Next item on the agenda is our adjournment. May I have a motion to adjourn today's meeting? MR. KUNZ: So moved. CHR. CABANAS: Thank you, Charlie. Seconded? MR. VENTURA: Second. CHR. CABANAS: Second by Mel. Any discussion? If not, motion has been made to adjourn today's meeting. Starting with the rollcall vote. Mr. Ventura. MR. VENTURA: Aye. CHR. CABANAS: Ms. De Soto. MS. DE SOTO: Aye. CHR. CABANAS: Ms. Mathews. MS. MATHEWS: Aye. CHR CABANAS: Mr. Kunz. Page 12 Merit Appeals Board February 2, 2022 MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Five ayes to adjourn today's meeting at 2:55 p.m. Meeting has been adjourned. Thank you, everyone. Respectfully submitted, ght4GL Glynis Yamada, Secretary-Reporter APPROVED: e / et-(AtiiirA,' Gabriella M. Cabanas, Chair Merit Appeals Board Page 13