Loading...
HomeMy WebLinkAbout2024-01-22 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii January 22, 2024 (Monday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 10:02 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, January 22, 2024. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Mr. Charles Kunz, Member Mr. David A. Wiseman, Member Absent and Excused Ms. Kate De Soto, Member Ms. Gay Mathews, Vice -Chair Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Ms. Sommer J. Tokihiro, Director, Human Resources Department Ms. Jennifer Sakamoto, HR Manager II, Human Resources Department Ms. Kaila Kaaihue, Human Resources Assistant, Human Resources Department Ms. Nawaipuhiamaikalani "Nawai" Higa, Employee Development Assistant, Human Resources Department Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Merit Appeals Board January 22, 2024 Call to Order (Item 1) CHR. CABANAS: Good morning, everyone, and Happy New Year. The Merit Appeals Board meeting is called to order on January 22nd, 2024, at 10:02 a.m. We have quorum today with three Board members and we are seated at the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. I'm Gabriella Cabanas, Chair of the Merit Appeals Board, and with me this morning are fellow Board members—Mr. David Wiseman MR. WISEMAN: Good morning. CHR. CABANAS: And Mr. Charlie Kunz. MR. KUNZ: Good morning. CHR. CABANAS: Good morning. And we have two Board members that are absent and excused today—Ms. Gay Mathews, our Vice -Chair, and Ms. Kate De Soto. We also have with us in the they're absent and excused, yes. We also have with us in the Hilo Council Chambers, our Assistant Corporation Counsel J Yoshimoto. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: And our Secretary -Reporter Glynis Yamada. And we have our Director of Human Resources Sommer Tokihiro. MS. TOKIHIRO: Good morning. CHR. CABANAS: Good morning. Sitting in, also, with us are staff members from the Department of Human Resources, Ms. Kaila Kaaihue, Ms. Jenny Sakamoto from Personnel and Organizational Development Division, and her new assistant, Nawai—good morning. Addendum to Agenda (Item 2) CHR. CABANAS: Looking at our agenda, there's no addendum to it. Page 2 Merit Appeals Board January 22, 2024 Statements from the Public (Item 3) CHR. CABANAS: No "Statements from the Public" on agenda items. Approval of Minutes (Item 4) November 21, 2023 CHR. CABANAS: We are on Number 4, "Approval of Minutes." Looking at the regular meeting minutes for November 21, 2023. MR. KUNZ: Move to accept minutes. CHR. CABANAS: Thank you. Is there a second? MR. WISEMAN: Second—but request on discussion. CHR. CABANAS: Okay, fine. Let's go into the discussion phase. MR. WISEMAN: Well, I seconded the motion. CHR. CABANAS: Right. MR. WISEMAN: Right. CHR. CABANAS: So, we are now at the discussion. MR. WISEMAN: Right—discussion. CHR. CABANAS: Right. MR. WISEMAN: If you look at the outset of the minutes, I was absent and excused—is November 21 ". However, notwithstanding that statement, on the record, throughout the minutes three or four or maybe five times—it's mentioned that "Mr. Wiseman is not here yet"—it sounds like I was late or abs—and I spoke to Glynis about this and it was an oversight, `cause I did call that morning. I had just returned from an Asian trip on some business the day before—and I wasn't up for making the ride from Kona—and I called Glynis in that morning. And it was acknowledged that I wouldn't be here, which is acknowledged at the outset of the minutes. But then, "Hopefully, Mr. Wisman's on the way to the meeting" that's on page 2; there's another mention on page 4, "So, Mr. Wiseman is not here, so I'll say a little bit"—so on; and I think there's two more. Page 3 Merit Appeals Board January 22, 2024 So, anyway, I would move that the minutes be amended to take out those references to me not being here, except at the initial "Absent and Excused." CHR. CABANAS: Okay. I think at the time, I think, we were under the impression that you were coming to the meeting. That's why those comments were made. MR. WISEMAN: I understand. It's a very innocent mistake, a simple mistake but it should be corrected. CHR. CABANAS: Okay. So MR. WISEMAN: So, I move to amend those minutes to delete the references to me that—"I'm on the way," "I'm not here yet"—something like that—and just leave the initial statement "Absent and Excused" at the outset. CHR. CABANAS: Okay. Is there a second? MR. KUNZ: Second. CHR. CABANAS: Okay. Any further discussion? If not, I'll start a rollcall vote, starting with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Three ayes. Motion carried to reflect the amendments made to the meeting minutes for November 21, 2023. Let the record reflect that Ms. Gay Mathews and Ms. Kate De Soto is absent and excused today. Okay. So, we also need a motion to accept the meeting minutes, yeah MR. YOSHIMOTO: Yeah. He amended it, now you vote on the main motion. CHR. CABANAS: The main motion. Okay. So, can I have another motion to approve the meeting minutes for November 21, 2023, as amended. MR. WISEMAN: So moved. MR. KUNZ: Second. Page 4 Merit Appeals Board January 22, 2024 CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Three ayes. Motion carried, and let the record reflect that Ms. Gay Mathews and Ms. Kate De Soto is absent and excused from today's meeting. Review Of Executive Session Minutes October 25, 2023 (Postponed on December 21, 2023); and November 21, 2023 (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4 And 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. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting October 25, 2023 (Postponed on December 21, 2023) CHR. CABANAS: Moving along, we are now reviewing the executive session meeting minutes for October 25, 2023, which was actually postponed at the December 21, 2023, meeting. Have you had the opportunity to review the executive session meeting minutes for October 251', 2023? Okay. Is there a motion to approve the executive session meeting minutes for October 25h, 2023. MR. KUNZ: So moved. CHR. CABANAS: Is there a second? MR. WISEMAN: Second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. Page 5 Merit Appeals Board CHR. CABANAS: Ms. Cabanas—aye. January 22, 2024 Motion carried to accept and file the October 25h, 2023, executive session meeting minutes. Ms. Kate De Soto and Ms. Gay Mathews are absent and excused. November 21, 2023 CHR. CABANAS: Looking at the November 21, 2023, executive session meeting minutes. Have you had the opportunity to review those meeting minutes? Okay. Is there a motion to approve and file the November 21, 2023, executive session meeting minutes. MR. WISEMAN: So moved. CHR. CABANAS: Okay. Is there a second? MR. KUNZ: Second. CHR. CABANAS: Okay, any discussion? If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Three ayes. Motion carried to accept and file the executive session meeting minutes for November 21, 2023. Let the record reflect that Ms. Gay Mathews and Ms. Kate De Soto are absent and excused from today's meeting. Communications (Item 5) CHR. CABANAS: Moving along, the—Number 5 on the agenda, there are no "Communications." New Business (Item 6) Election Of Merit Appeals Board Chair And Vice -Chair For Calendar Year 2024 CHR. CABANAS: So we are now on Number 6, "New Business." MR. KUNZ: Can I make a motion to move the "Director's Report" ahead of the new business? CHR. CABANAS: Is that your motion? Page 6 Merit Appeals Board January 22, 2024 MR. KUNZ: Yes. CHR. CABANAS: Is there a second? MR. WISEMAN: Second. CHR. CABANAS: Okay, any discussion? If not, I'll start a rollcall vote with Mr. Wiseman to defer the new business for now, and then move on to the "Unfinished Business" on the agenda, as listed. MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: I think the motion was to move the "Director's Report" ahead of "New Business." CHR. CABANAS: Oh, the "Director's Report." MR. KUNZ: Yeah. CHR. CABANAS: Okay. I'm sorry. Yeah. So, moving the director's report first, ahead of the new business. So, let's redo the rollcall vote. Mr. Wiseman. MR. WISEMAN: Yes. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Three ayes. Motion carried. Page 7 Merit Appeals Board January 22, 2024 MAB Quarterly Reports: October — December 2023; And MAB Monthly Divisional Activity Reports: December 2023 And January 2024 CHR. CABANAS: So, we'll take up the "Director's Report" at this time with Ms. Sommer Tokihiro. (At this time, Ms. Sommer J. Tokihiro, Director, Human Resources Department, came forward.) MS. TOKIHIRO: Good morning. CHR. CABANAS: Good morning. MS. TOKIHIRO: So, you folks have been provided with the Quarterly Report for the Fourth Quarter of 2023, covering activities from October through December. And then, the Monthly Divisional Activity Reports for both December and January. Okay. So, I'm happy to answer any questions. But in the January report, we noted that there was a selection made for the Employee Development Assistant position in our Personnel and Organizational Development Division—and so, Jenny is the Manager of the Personnel and Organizational Development Division—and so, we wanted to introduce Nawai Higa to the Board who's that Employee Development Assistant in that division now. So, we welcome Nawai—she started on January 3rd (Ms. Jennifer Sakamoto, HR Manager 11, Personnel and Organizational Development Division, Human Resources Department; and Nawaipuhiamaikalani "Nawai" Higa, Employee Development Assistant, Human Resources Department, were seated in the audience.) CHR. CABANAS: Welcome, Nawai, and I'm glad that Jenny you have much needed assistance. MS. SAKAMOTO: (Inaudible.) CHR. CABANAS: I'm glad to see that you're happy—and I hope, Nawai, you will be happy as well, yeah—`cause the work that the division performs is very important for the County of Hawaii. Does anyone have any comments or questions to ask? MR. WISEMAN: Is this on the main report? CHR. CABANAS: Yes. Page 8 Merit Appeals Board January 22, 2024 MR. WISEMAN: Yeah. I'd like to make comment on theI'm looking at the equipment property damage calendar report. MS. TOKIHIRO: Okay. MR. WISEMAN: Yeah. And I offer my compliments to whoever's responsible for reducing the incidents by 31 vehicles. MS. TOKIHIRO: Yeah, hopefully, that's a combination of efforts and employees being careful and mindful—but then, also, our defensive driving courses that the Health and Safety Division provides as well. MR. WISEMAN: So, it went from 136 last year to 22-2023 down to 105. MS. TOKIHIRO: Yeah. MR. WISEMAN: Yeah, that's good. Hopefully, the insurance company recognizes this. MS. TOKIHIRO: The County being self-insured—yeah, they do, definitely, recognize it— hopefully, thopefully, with the director of finance. CHR. CABANAS: Okay, any other comments or questions for Sommer? MS. TOKIHIRO: I'll note that the objectives for the quarterly report under the Recruitment and Examination Division, we amended that to remove the objective that was previously related to the Police Officer I the recruitments. Because it's now on continuous recruitment and the Police Department has taken over completing the agility test—in HR we're administering the written exam once a month, which is consistent with what we do for the Fire Department, which is not part of the objectives. So, we removed the objective related to the police officer recruits. MR. WISEMAN: What's the initial salary for recruit? MS. TOKIHIRO: I believe it's around $60,000 a year. I would have to check to confirm the exact number. MR. WISEMAN: Is there an age limit? MS. TOKIHIRO: An age limit—no. You just have to be able to pass the agility test and complete the written examination. MR. WISEMAN: So, someone of any age could apply? MS. TOKIHIRO: Yes. CHR. CABANAS: Well, because of the firearm requirement Page 9 Merit Appeals Board January 22, 2024 MS. TOKIHIRO: So, it's 21 and over— CHR. CABANAS: by the time they complete the police academy class, right—yeah, if I remember correct. They have to be 21 because federal law requires that age of 21 to carry the firearm. Yeah? MR. WISEMAN: But there's no mandatory retirement or anything? Like, judiciary, it has a mandatory—ridiculous mandatory retirement of 70 years -old. MS. TOKIHIRO: So, not to my knowledge, there's no mandatory retirement age. I'm sorry that's how I was interpreting your question when anyone at any age could apply—it was on that end—but, yes, they would have to be 21 by the time they graduate. MR. WISEMAN: And does the application ask for the age, date of birth—if you know. No, you don't— (Note: At this time, Ms. Kaila Kaaihue, Human Resources Assistant, Human Resources Department, responded from the audience.) CHR. CABANAS: Kaila, can you come up to dais and answer and you can turn the mic. on, yeah, the lower right button on the MS. KAAIHUE: My name is Kaila Kaaihue. I think the application just has the question, "Will the applicant be 21 years of age at the time that they complete the recruit class." MR. WISEMAN: Thank you. So, Charlie and I can apply. MR. KUNZ: I was just going to say I get chance— still. MR. WISEMAN: Yeah. MS. TOKIHIRO: Yes, definitely, please apply. We need recruits. CHR. CABANAS: Well, I'm glad to see that it's continuous because from the year 2000I think it was 2004 to 2008, when I worked there—we did exactly what you folks are doing monthly testing—but we were still in charge of the agility test. We did that quarterly. But I'm glad to see that the Police Department took the agility test over because they were going to make changes with the agility test, down the road, anyway. So, yeah, that's good. MR. WISEMAN: I have one other question. Do you base someone's experience, for example, if they had a few decades of experience in law enforcement. I mean, does it go in at aof course, you still have to go through training, but does it come out as a higher rank at all? Do you know? Page 10 Merit Appeals Board January 22, 2024 MS. TOKIHIRO: I don't believe that that's accounted for in the initial they have to complete the recruit training. And so, they enter into the recruit training as a Police Officer I and upon successful completion of the academy and the field training, then they're reallocated to a Police Officer II, et cetera. So, to my knowledge no, unless they possibly were in some other type of law enforcement that came into one of those, like a different position but those positions, say, for example detective, sergeant—those aren't typically recruited for on an open competitive recruitment. It's usually an internal recruitment, within the department, as a promotional opportunity—and those positions are filled that way. MR. WISEMAN: Thank you. CHR. CABANAS: I think if theDavid, if the department was to factor that experience, if the applicant shares it at the interview phase— MR. WISEMAN: Yeah. CHR. CABANAS: that could be part of their decision in the selection process but not at the HR MR. WISEMAN: Right. CHR. CABANAS: initial application testing phase. MR. WISEMAN: Okay, that makes sense. CHR. CABANAS: But they would start off as a police recruit. Generally, they start off as a police recruit. Years back, they would entertain transfers from other jurisdictions, but that's up to the police chief, if they want to accept someone, like a sergeant, transferring over from City and County of Honolulu to the County of Hawaii. I don't know if they still do that. MR. WISEMAN: I see. CHR. CABANAS: Maybe not. MR. WISEMAN: Thank you. CHR. CABANAS: But since we're talking about police, I watched the news the other night and they're starting their Police Cadet Program up in Honolulu to help with the recruitment process to, hopefully, have police cadets move up as time goes by into the recruit positions. And we used to have a police cadet program here. Any discussion along those lines, do you know, Sommer. Page 11 Merit Appeals Board January 22, 2024 MS. TOKIHIRO: Not to my knowledge but that's something that we could possibly look at. CHR. CABANAS: Okay. Any other comments or questions for the Director? MS. TOKIHIRO: I did also want to note in the quarterly report under "Recruitment and Examination Division" we have implemented a pilot program for "Temporary On -Call Park Caretaker." So, Parks and Recreation has had a difficult time meeting their operational needs, specifically, with these park caretaker role, if people are sick or on vacation. And so, they were asking if there was a way that they could do on-call. Before pursuing the on-call program, we went back and asked them to implement a stand-by program—so stand-by for weekends and holidays. But, in addition to that, we did get approval in consult with UPW to implement these temporary on-call park caretaker positions. So, I believe it's 20 positions that are actually within the Human Resources budget—and there're 20 positions within our department to be used as on-call park caretakers. So, it's an appointment of 27 days to meet immediate needs. And so, it's basically they would fill out our internal use application and then, basically, be ready to go to work when we call within an hour saying that we need someone at a specific site. So, there were 6 of those positions utilized in the last quarter, which was exciting because it's the first time that we've been able to utilize this program. So, just kind of an example of how we're working with departments to meet their operational needs and try and find creative solutions, so that we can continue providing service to the public. MR. KUNZ: So, they're like just in time they're like "just in time hires" kind of thing, right. MS. TOKIHIRO: Yeah. MR. KUNZ: I like that. It's good. CHR. CABANAS: So, how do you find these individuals? How do they get to apply? MS. TOKIHIRO: So, it's people within Parks. It's kind of a word-of-mouth situation where they know of people that may be available and tell them to fill out the Department of Human Resources the internal application. CHR. CABANAS: So, they're not individuals, necessarily, from the existing registration list? MS. TOKIHIRO: Right. Because of the immediate need and the very short-term appointment to fill the immediate need, they're not—they may—they could possibly be on that list, but those lists are not what is being utilized because this is a very specific immediate need with no guarantee of a set schedule. Page 12 Merit Appeals Board January 22, 2024 CHR. CABANAS: Have those on the existing list been notified that this process exists, so in the event that they are available within one-hour kind of situation, they could now apply on the internal application? `Cause my only concern is that close any loophole for any possible abuse, down the road that's where I'm going with this. MS. TOKIHIRO: Yeah. So, I don't know if everybody on the list has been notified. I would have to follow-up with the Recruitment and Examination but it's because it's a distinct and separate program. CHR. CABANAS: Right. MS. TOKIHIRO: Yeah. CHR. CABANAS: It's just that because the registration list exist, I wouldn't want someone from that list saying, "Oh, we didn't know about it" and I just, kind of, want to make sure that or relay that all bases are covered so that they knew about it—but they're not available, they're not interested. But, if they are, then they could apply on the internal applicationI mean, just cover all the bases, yeah. MS. TOKIHIRO: Mm-hmm, I understand. CHR. CABANAS: Yeah. Because once you start saying word-of-mouth, it's like that little loophole exists for MS. TOKIHIRO: Yeah. It's kind of similar, to like TAOL. CHR. CABANAS: Yeah. Okay. MS. TOKIHIRO: One other note, because there's a lot of good things happening in HRso, in the December monthly report, it's noted that we were working on negotiations with HGEA on a pilot program to provide a 4/10 work schedule to employees covered by HGEA collective bargaining agreements. So, the consultation occurred. And so, we were able to begin implementing that in January. So, we've been getting those completed requests. It just provides more flexibility for our employees, in addition to the telecommute policy, also, having this 4/10 pilot program gives departments more flexibility. I think that was all the notes that I wanted to, kind of, I think that I wanted to bring to your attention in these reports. CHR. CABANAS: Sounds exciting. MR. KUNZ: I had one quick question. CHR. CABANAS: Go ahead. Page 13 Merit Appeals Board January 22, 2024 MR. KUNZ: I noticed your total applications for the quarter-2,500—and 2,300 of those were for open competitive recruitments. How—do you know what that compares with now in the past previous quarters? Because I know the recruitment thing has been a challenge. So, is that number—'cause it sounds like a lot, to me, for a quarter—but, like, compared to what maybe you have seen in past quarters, has it gone up or down? MS. TOKIHIRO: This, actually, this number has gone up because I was looking at the status of the numbers of applications that the department was receiving when the written exams were suspended to compare and this number of applications is higher than ever. And so, people are continuing to apply and we're filling vacancies, though there are still quite a few on continuous recruitment. MR. KUNZ: Thank you. CHR. CABANAS: On the written exams being temporarily suspended, I've mentioned it to Waylen and I know I brought it up at an earlier meeting prior meeting. But it bothers me that temporary suspension—and the reason why it bothers me is because there's an exam plan. The exam plan, to me, should be amended rather than, say, temporarily suspended. Because there's that connotation and where do you draw the line—and I said it before—where do you draw the line in going back to having a recruitment with a written exam? Because you could have repeat applicants and then they're saying, "Oh, I didn't take an exam and then now I got to take an exam"—and it's the—maybe just the perception that the department is suspending it temporarily because of individuals. And maybe I'm being really super sensitive having gone through the audit experience and all that—all the findings that were brought out in the audit report. But my thought is it might be more trying to search for the word that it might be more appropriate to have the exam plan amended—and that way, the department is protected better. MR. WISEMAN: In line with that, when you say "temporary exam"—"temporary suspension"—does that mean, like, the Chair already said, it can be given it a weight of time? MS. TOKIHIRO: So, with the staffing challenges that we had in the office and some of the transition, it was—and after COVIDit was decided that the exams would be temporarily suspended because we were having MR. WISEMAN: Why not use just "waived" for a time being. Because temporarily suspended, like the Chairperson said, it doesn't mean they can't be subject to it later on and that would beI think, that'll be a working hardship to be on someone's mind. CHR. CABANAS: I think it's a better defense, as the ChairI'm sorry—it's just because the recruitment and exam background that I have, I think because the department has the exam Page 14 Merit Appeals Board January 22, 2024 plan plans can be amended. And when you amend a plan, it's categorically analyzed and evaluated versus changing a specific class of work. I'll give you an example—Clerk III. They used to give exams for Clerk III. Then, our exam plan was amended, so for that category class of work there is no written exam. It was T&E. Okay. So, if you want to go back and go and change it for a Clerk III, you could say, "Okay, we have analyzed everything"—in other words, don't use the COVID situation or the staffing shortage to justify why there's no written exam, you see. Because if you have a lot of applicants, are you still going to say it's temporarily suspended? But it should be based on your plan, your exam plan—and then that's your line of defense. So, that's where I'm coming from. It's not toI'm not being critical but it's just—it might appear that way. But it's your line of defense for your for all your classes of work. `Cause what I'm afraid of or fearful of, is that someone will come and say, "Hey, I didn't have to take a test and I didn't get selected. So, I kept on trying applying for recruitments and now, look, I got to take a written test. Why do I have to take a written test?" If you're going to say, "Well, we had staff shortages" and all this—well, yeah, okay but, again, from a professional standpoint, the exam plan was reviewed and we felt that it was the T&E was more appropriate and applicants are going to be referred for vacancies. Because you may have enough staff today and it's going to fluctuate and you're going to be going back and forth, back and forth. No, it should be your exam plan to me. So, I'm just, kind of like, bringing that up for future thought and discussion in the division and the department. MS. TOKIHIRO: I appreciate it. And I'll definitely, take a look at that. CHR. CABANAS: Okay. Thank you, Sommer. Anything else? MR. WISEMAN: One suggestion in line with that is, in that plan, since you can amend it—it could be that the exams may be waived at the discretion of the director from time to time. That way you can implement the exam at any time. But "waiver" means it's finished, you don't have to worry about taking it again or taking it in the future. CHR. CABANAS: I would go one step further, though, because if you're going to have that statement on the planI mean, you can, yeah—but internally have certain criteria as to when the director—yeah— MS. TOKIHIRO: Decides. CHR. CABANAS: will be able to waive it. Because you always want to be able to defend it objectively, not subjectively. In other words, if somebody tells you, Sommer, up above, "Hey, I want you to stop giving written test for Clerk III"—and, hopefully, you'll say "No, but this is my exam plan"—you see your line of defense? Page 15 Merit Appeals Board MS. TOKIHIRO: Mm-hmm. January 22, 2024 CHR. CABANAS: But if you don't have your exam plan like that, then it's easier for them to try to influence you—and you're a straight -forward person you're going to say, "No." But if it was somebody else, they might say, "Okay, power to be, we'll go that way." You don't want to be in that situation. MS. TOKIHIRO: Yeah. But I like theI mean, being clear and objective about why and when— CHR. CABANAS: Yeah. MS. TOKIHIRO: that's important. So, I will definitely, be working with Recruitment and Examination on that. I appreciate the feedback and the discussion. MR. KUNZ: And I think you just took the words out of my mouth about being objective and having that—the latitude for yourself to have what that objectiveness is when making that decision. I think that might be key. I was not on board for a while on this because I thought, like, was it just a matter of semantics because I'm sure you weren't the one that developed that—the exams are temporarily on hold or were you? MS. TOKIHIRO: I was not. MR. KUNZ: Okay. MS. TOKIHIRO: I wasn't part of suspending the exams but, regardless of that— MR. hat MR. KUNZ: Right. MS. TOKIHIRO: —it's my responsibility to make sure that HR and the County, as a whole, is—we're pointing to something as a reason for that. MR. KUNZ: And having it, I think, further detailed will probably protect you and the County from any liability is what I'm hearing. And, of course, having that—you having that latitude to put in place what that objectives might be to waive. MS. TOKIHIRO: Yeah. MR. KUNZ: I kind of, get it now. I wasn't on board, but I am now. Sorry. MS. TOKIHIRO: I appreciate it. Thank you. Page 16 Merit Appeals Board January 22, 2024 CHR. CABANAS: Okay. I think we've asked quite a bit of questions—had quite a bit of discussion. Thank you, Sommer, for your patience. MS. TOKIHIRO: You're welcome. CHR. CABANAS: Okay, so let me look at the agenda. See where we are now. Okay. But are we—do we have anything because we covered the quarterly report and we also, kind of, went into the divisional activity report. So, let's do the first one first. Is there a motion to accept and file the director the director's report for MAB Quarterly Reports, October through December 2023? MR. WISEMAN: Yes, I move to accept and file the report as stated by the Chairperson. MR. KUNZ: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Yes. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Three ayes. Motion carried to accept and file the MAB quarterly reports from the director for the period October through December 2023. Next, we have the MAB monthly divisional activity reports for December 2023 and January 2024. May I have a motion to accept and file these divisional activity reports. MR. WISEMAN: I move to accept and file the divisional reports. MR. KUNZ: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Yes. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. Page 17 Merit Appeals Board January 22, 2024 CHR. CABANAS: Ms. Cabanas—aye. Three ayes. Motion carried to accept and file the MAB monthly divisional activity reports for December 2023 and January 2024. Okay, let us revert back to Number 6, "New Business" for discussion and appropriate action the election of the Merit Appeals Board Chair and Vice -Chair for Calendar Year 2024. MR. KUNZ: Chair, can we excuse the director? CHR. CABANAS: No, because we have Number 7, "Unfinished Business." MS. TOKIHIRO: Did you want to take that out of order? CHR. CABANAS: Do you want to take it out of order? MR. KUNZ: Yeah. Move to move Number 7 "Unfinished Business" CHR. CABANAS: Okay. MR. KUNZ: Ahead of "New Business." CHR. CABANAS: Okay, there's a motion on the floor. Is there a second? MR. WISEMAN: Second. CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR .CABANAS: Ms. Cabanas—aye. Three ayes. Motion carried to take the unfinished business out of order—Fiscal Year 2023 to 2024, the Annual Performance Evaluation of the Director of Human Resources. MR. YOSHIMOTO: (Inaudible.) CHR. CABANAS: Okay, so any discussion. If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. Page 18 Merit Appeals Board January 22, 2024 CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR .CABANAS: Ms. Cabanas—aye. Motion carried to accept Number 7, "Unfinished Business" out of order. FY 2023-2024 Annual Performance Evaluation of the Director of Human Resources (HR): Presentation By The Director Of Human Resources, Sommer J. Tokihiro, Concerning The Department's Goals And Objectives For FY 2023-2024, Specifically For The Period Of January Through June 2024. (Note: At Its Meeting Held On November 21, 2023, An Informational Briefing Was Provided To The New Director Of Human Resources, Sommer J. Tokihiro, By Merit Appeals Board Chair Gabriella M. Cabanas Concerning The Annual Performance Evaluation Of The Director Of Human Resources) 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) 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: Sommer, I'm going to read the following language but, before I do, I'm goingI'm asking you, do you want this Number 7 item to be in a closed session or open session? What is your preference? `Cause if we're going to go into a closed session, I have to read the executive session verbiage. Correct? MR. YOSHIMOTO: Yeah. MR. WISEMAN: Well, there's only one person in the gallery here. CHR. CABANAS: I know, but it's still her preference, so I have to ask her out of courtesy. MR. WISEMAN: Oh, I see. CHR. CABANAS: Yeah. MS. TOKIHIRO: My goals can be provided in open session. CHR. CABANAS: In open session. Okay. Thank you, Sommer. Page 19 Merit Appeals Board January 22, 2024 So, the following will be presented by the Director of Human Resources, Sommer J. Tokihiro, concerning the department's goals and objectives for fiscal year 2023 to 2024, specifically, for the period of January through June 2024. Note—at its meeting held on November 21, 2023, an informational briefing was provided to the new Director of Human Resources, Sommer J. Tokihiro, by Merit Appeals Board Chair, Gabriella M. Cabanas, concerning the annual performance evaluation of the Director of Human Resources. In other words, we gave Sommer time to, kind of, think over and assess what her goals and objectives would be. So, this is her presentation this morning. So, Sommer, you now have the floor. MS. TOKIHIRO: Okay. So, in submitting my goals, I'm just going to go ahead and read them to you. You've been provided this information. Goal number 1 is going to be to compile and evaluate the results of recruitment strategies including recruitment incentives and hiring above the minimum for the period, from January 1st 2022, through December 31 ", 2023 to determine if these strategies resulted in filling more vacancies and employee retention. This will help us to determine if and how any adjustments are made to those strategies. Shall I proceed or CHR. CABANAS: Yes, you may proceed. MS. TOKIHIRO: Okay. Goal number 2, is to update and revise both the County of Hawai`i's Jobs website and the actual job postings to provide greater detail about employee benefits and programs to emphasize the total compensation package that the County of Hawaii provides as an employer. And Goal number 3, is to further develop the parameters of a safety continuity tool for positions in the heavy, physical effort grouping, to include documentation of job hazard analysis, required personal protective equipment, and required training. The initial pilot materials will be produced for covered positions in the Traffic Division of the Department of Public Works. CHR. CABANAS: Any comments or questions for the Director? MR. WISEMAN: Nope. CHR. CABANAS: I don't have any either. So, well, let me think about this. So, this is January we will evaluate—we will be looking at this in May and evaluate you in June. And it has to be in June because that is the verbiage of our existing Rules that the evaluation of the director is in June. Page 20 Merit Appeals Board January 22, 2024 As time goes by, I know it's such a short period MS. TOKIHIRO: It is a short period but we're goingI feel that all three of the goals are attainable in a short period and I think that they'll provide meaningful insights and help us to, kind of, re-assess—kind of how we're going to handle things going forward for the goals that I'll present to you in July. CHR. CABANAS: I think Goal number 1 and number 2 are really important because it's good that you will be evaluating the strategies—see what's working, what's not working—especially in light of the number of continuous recruitments. And then, employee retention because I've heard just in people talking to me that for some departments, there's a lot of turnover. People leaving a certain department—and the numbers are kind of great. So, yeah—whatever you can do to move it forward, I guess. And then, the marketing is important, and the employee benefits and programs. MS. TOKIHIRO: It, sort of, appears that compensationI mean, even nationwide from the research that's out there that when people are accepting or leaving a position, it's not all about money. And so, we've tried to address some of our recruitment challenges by being more flexible on the financial part—aspect of it, which is not normally how the County would operate. Everybody is hired at the minimum, in a pay range—and then through longevity, you move through that pay range. So, when this hiring above the minimum was initiated, it was to see are we going to be able to fill more vacancies if we can get closer—and we would never be able to compete with the private sector—but, if we got closer, would that help us to fill more of our vacancies. And things like recruitment incentives does that lead to retention. My estimate is that it doesn't, `cause nationwide that's, kind of, what has been happening. But looking at really highlighting the total compensation that the County has to offer by being specific about how much vacation is accrued or how much sick leave—other programs like our County Tuition Reimbursement Program, Federal Loan Forgiveness Programs—being clearer about those benefits may draw more people in as we, kind of, re -assess strategies going forward. MR. WISEMAN: I have one comment. CHR. CABANAS: Go ahead. MR. WISEMAN: Yeah. With respect to recruitment in the marketing just a suggestion of, if the budget permits, for advertising recruitment positions. For example, to try steering away from the conventional type of notice and publication and do something a little more, "Oh, my God" so to speak. The post office, if you recall, did it years ago. They hired a (inaudible) advertising agency—and right away, you saw more—of almost a very interesting ad about using the post office. And, Page 21 Merit Appeals Board January 22, 2024 yeah, sort of a caricature type thing, rather than just a conventional—in the newspaper public notice. And we have to remember, many members of society don't have access to that, they don't want access—so they just don't use that type of thing. And Iit's—came to mind, `cause I saw on the news, within the last few days in the HPD, is in Honolulu, is using some businessI think it was either (inaudible)—something that had these little, little, snappy little ads. And they're starting to use they were talking about starting to use those. Just a point of interest. MS. TOKIHIRO: Thank you, I appreciate it. Yeah, we do have social media presence as well. I'm just trying to get that information out there inso, we'll continue to evaluate if there's other ways that we can be promoting our job openings as well. MR. WISEMAN: And your department, I suppose, is aware of the Al revolution coming in, right? MS. TOKIHIRO: Yes, we are. Within the MR. WISEMAN: I sent a couple of greeting cards the e -cards, you know, that I have a company. And when it got down to the personal message, it said, "Do you want to use Al or your personal message." And I pressed "AI"it came up with a really good paragraph, which I copied and pasted, and was able to modify it. I mean, so you have to be very pretty aware of that, yeah. It's a sign of the times. MS. TOKIHIRO: Thank you. CHR. CABANAS: Okay. Thank you, Sommer. Okay. So, do I have a motion to accept and file the Director's goals, as stated. MR. WISEMAN: I so moved. CHR. CABANAS: Second? MR. KUNZ: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote to accept and file the Director's goals, as stated—starting with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Page 22 Merit Appeals Board January 22, 2024 Three ayes. Motion carried to accept and file Goal 1, 2, and 3 from the Director of Human Resources. MS. TOKIHIRO: Thank you. CHR. CABANAS: Okay. So, now we are back to Item number 6. MS. TOKIHIRO: So, I can be excused? CHR. CABANAS: You can be excused, Sommer. MS. TOKIHIRO: Thank you. CHR. CABANAS: Have a great— MR. reat MR. KUNZ: Start of your week. CHR. CABANAS: —rest of the week. MS. TOKIHIRO: Thank you. You, as well. New Business (Item 6) Election Of Merit Appeals Board Chair And Vice -Chair For Calendar Year 2024 CHR. CABANAS: Thank you. So, we are on Number 6, "New Business" the election of the Merit Appeals Board Chair and Vice -Chair for calendar year 2024. MR. WISEMAN: I call for nominations. CHR. CABANAS: I am calling for nominations—is there a motion? MR. WISEMAN: Yeah, I move to commence nominations. CHR. CABANAS: Yeah, I'm asking for nominations. MR. WISEMAN: Oh, for nomination yeah. CHR. CABANAS: So, let's start with the Board Chair. So, may I have a motion for the election of the Merit Appeals Board Chair. MR. WISEMAN: Yeah, I nominate Gabriella Cabanas you. MR. KUNZ: Second. Page 23 Merit Appeals Board January 22, 2024 CHR. CABANAS: Any discussion? If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Yes. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Three ayes. Motion carried for the election of Gabriella Cabanas, as the Merit Appeals Board Chair, for the calendar year 2024. Thank you, everyone, for your vote of confidence. Next is the election of the Vice -Chair for calendar year 2024. May I have a motion? MR. KUNZ: I move to nominate Gay Mathews as Vice -Chair. MR. WISEMAN: I'll second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried for the election of Ms. Gay Mathews as Vice -Chair for the Merit Appeals Board for the calendar 2024. Thank you, everyone. Page 24 Merit Appeals Board Unfinished Business (Item 7) January 22, 2024 FY 2023-2024 Annual Performance Evaluation of the Director of Human Resources (HR): Presentation By The Director Of Human Resources, Sommer J. Tokihiro, Concerning The Department's Goals And Objectives For FY 2023-2024, Specifically For The Period Of January Through June 2024. (Note: At Its Meeting Held On November 21, 2023, An Informational Briefing Was Provided To The New Director Of Human Resources, Sommer J. Tokihiro, By Merit Appeals Board Chair Gabriella M. Cabanas Concerning The Annual Performance Evaluation Of The Director Of Human Resources) 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) 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 (Previously, taken out of order.) Director's Report (Item 8) MAB Quarterly Reports: October — December 2023; And MAB Monthly Divisional Activity Reports: December 2023 And January 2024 (Previously, taken out of order.) Announcements (Item 9) CHR. CABANAS: Moving along to Number 9 on the agenda. Any "Announcements?" Schedule Next Meeting Date (Item 10) The Merit Appeals Board Will Convene Its Next Meeting On Friday, February 23, 2024, At 10:00 A.M. At The Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720 CHR. CABANAS: If not, I'll move to scheduling the next meeting date. The Merit Appeals Board will convene its next meeting on Friday, February 23rd, at 10 a.m., at the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Page 25 Merit Appeals Board January 22,2024 Adjournment (Item 11) CHR. CABANAS: May I have a motion to adjourn today's meeting? MR. WISEMAN: Motion to adjourn. MR. KUNZ: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Mr. Kunz. MR. KUNZ: Aye. CHR. CABANAS: Ms. Cabanas—aye. Motion carried to adjourn today's meeting at 10:54 a.m. Thank you, everyone. Respectfully submitted, da Glynis Yamada, ecretary-Reporter APPROVED: ciAA.t.t.[,(.ct> • la r1Lt Sr-- Gabriella M. Cabanas, Chair Merit Appeals Board Page 26