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HomeMy WebLinkAbout2015-05-20 Merit Appeals Board Minutes MERIT BOARD OF APPEALS Department of Human Resources 101 Pauahi Street, Suite 102 Hilo, Hawai'i May 20, 2015 CALL TO ORDER The regular meeting of the Merit Appeals Board, County of Hawai'i, was called (Item 1): to order at 11:01 a.m. by Chairperson June R. Rabago, at the Department of Human Resources Conference Room, 101 Pauahi Street, Suite 2, Hilo, Hawai'i, on Wednesday, May 20, 2015. ROLL CALL Present: Ms. June R. Rabago, Chair Ms.Julie M.Tulang, Vice-Chair Ms. Ida H. Otake, Member Absent: Mr. David K. S. Nahuina, Member Also Present: Ms. Sharon Toriano, Director, HR Department Mr. Nick Hermes, Deputy Director, HR Department Mr. Julian T. White, Deputy Attorney General, Office of the State Attorney General Mr. J Yoshimoto, Deputy Corporation Counsel, Ofc. of the Corporation Counsel Mr. Christopher Schlueter, Deputy Corporation Counsel, Ofc. of the Corporation Counsel Mr. Ted H. S. Hong, Esquire, Attorney at Law Ms. Sue Lee Loy, Planner and Legal Assistant, Ted H. S. Hong, Attorney at Law Ms. Glynis Yamada, Secretary-Reporter, HR Department Merit Board of Appeals May 20, 2015 ADDENDUM TO The Chair directed the Board to the next order of business, Addendum to AGENDA Agenda. (Item 2): (There was none.) STATEMENTS The Chair directed the Board to proceed to the next order of business, FROM THE PUBLIC Statements from the Public. (Item 3): (There were none.) APPROVAL OF The Chair directed the Board to proceed to the next order of business, MINUTES (Item 4): Approval of Minutes of March 18, 2015. Motion: Ms. Tulang moved to approve the minutes of March 18, 2015. Seconded by Ms. Otake. The voice vote, was as follows: AYES: Board Members Otake, Tulang, and Chair Rabago—3. NOES: None. ABSENT: Member Nahuina - 1. EXCUSED: None. COMMUNI- The Chair directed the Board to proceed to the next order of business, CATIONS Communications. (Item 5): (There were none.) NEW BUSINESS The Chair directed the Board to proceed to the next order of business, New (Item 6): Business. (There was none.) Page 2 Merit Board of Appeals May 20, 2015 UNFINISHED The Chair directed the Board to proceed to the next order of business, BUSINESS (Item 7): Unfinished Business. STATUS UPDATE: COMMUNICATION 13-02.2, RECEIVED ON MAY 7, 2015, FROM TED H.S. HONG, ESQ., ON BEHALF OF HIS CLIENT, INFORMING THE BOARD THAT HE IS WITHDRAWING THEIR APPEAL CONCERNING AN INVOLUNTARY TRANSFER TO ANOTHER POSITION WITHIN THE DEPARTMENT OF PUBLIC WORKS (REFERENCE: COMM. NO. 13-02) Chair Rabago stated that this communication is withdrawing an internal complaint filed previously by an employee with the Public Works Department. No action is required by the Board. Mr. White confirmed that it be accepted as submitted. BOARD APPROVAL REQUIRED: COMMUNICATION NO. 15-15.2, RECEIVED ON MAY 12, 2015, FROM JULIAN T. WHITE, DEPUTY ATTORNEY GENERAL, TRANSMITTING THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER CONCERNING COMMUNICATION NO. 15-15 APPEALING A CLASSIFICATION OR RECLASSIFICATION OF A PARTICULAR POSITION ACTION BY THE DEPARTMENT OF HUMAN RESOURCES At this time, Mr. White respectfully suggested to the Board that as a professional courtesy to the Counsels who are in attendance for another matter listed on the agenda,that their matter be taken out of order. There were no objections. CONSENT ITEM By general consent,the following item was taken out of order with no CHANGE ORDER OF objections from the Board Members. BUSINESS: BOARD ACTION REQUIRED (SETTING A HEARING DATE): COMMUNICATION NOS. 15-16 AND 15-17, RECEIVED ON MARCH 18 AND MARCH 30, 2015, RESPECTIVELY, APPEALING AN EMPLOYMENT ACTION BY THE FIRE DEPARTMENT(NOTE: AT ITS MEETING HELD ON APRIL 15, 2015,THE BOARD APPROVED COMMUNICATION NO. 15-16.1 REQUESTING THAT THE APPEALS CONTAINED IN COMMUNICATION NOS. 15-16 AND 15-17 BE CONSOLIDATED. ALSO,THE BOARD POSTPONED SETTING THE HEARING DATE TO ITS NEXT SCHEDULED MEETING); POSTPONED: APRIL 15, 2015 Chair Rabago stated this matter concerns setting a hearing date for the appeals regarding an employment action by employees of the Fire Department. Her thought is to have the hearing set in October as the Board would need to concentrate on the prior appeals filed, and doesn't want to rush this matter. She asked the Counsels for a status report (of their investigation). Page 3 Merit Board of Appeals May 20, 2015 (At this time, Mr. Christopher Schlueter, Deputy Corporation Counsel, representing the Employer, addressed the Board Members.) Mr. Schlueter informed the Board that he is covering the meeting today for Mr. Steven Strauss. Their office was informed by the Hawai'i Fire Department that they would require additional time to re-open the investigation to interview additional witnesses. Basically, his attendance today was to request that no hearing date be set today, and to have the hearing date set at their next Board meeting. He will inform Mr. Strauss that October is the inclination of the Board on setting the hearing date. The investigation is not complete and they're not prepared, necessarily, to set a hearing date today. (At this time, Mr. Ted H. S. Hong, Esquire, representative of the Appellants, addressed the Board Members.) Mr. Hong stated that since the Board is inclined to setting the hearing in October, it would give the Fire Department sufficient time to conclude their investigation and to provide them with the investigative reports or discovery, and suggested that the Board set the date and time now. He commented that they don't want this to keep dragging out. Mr. Schlueter objected to Mr. Hong's statement. Given the Board's inclination, he thinks there would be enough time to complete the investigation and provide the documents to Mr. Hong and his clients, and be prepared for the October meeting. The Board can schedule a date in October. Chair Rabago asked the Board for any comments. After some discussion,the hearing was set for October 21, 2015 at 10:00 a.m. with a meeting location to be determined in the future. (The Department of Human Resources Conference Room was not large enough to accommodate a larger crowd.) Mr. White informed the Board that he spoke with Mr. Strauss earlier in the week. Mr. Strauss was interested in deferring the setting of a hearing date; however, the Board has already set a hearing date. Mr. Strauss also wanted the matter of deadlines on pre-hearing motions established. Mr. White inquired with the Counsels whether they're okay with setting the deadline for the submittal of pre-hearing motions by September 30, 2015, close of business; and the submittal of responsive pleadings by October 14, 2015, close of business. The Counsels were in agreement. Chair Rabago stated that the Board will need to have a motion to set the hearing date for October 21, 2015, at 10:00 a.m. (location to be determined), with pre- Page 4 Merit Board of Appeals May 20, 2015 hearing motions due by September 30 at close of business, and responsive pleadings due by October 14 at close of business. Motion: Ms. Otake moved that the hearing date be set for October 21, 2015, at 10:00 a.m. (location to be determined), ), with pre-hearing motions due by September 30 at close of business, and responsive pleadings due by October 14 at close of business. Seconded by Ms. Tulang. The voice vote, was as follows: AYES: Board Members Otake, Tulang, and Chair Rabago—3. NOES: None. ABSENT: Member Nahuina - 1. EXCUSED: None. The Counsels thanked the Board. RETURN TO ORDER The Chair directed the Board to return to the regular order of business. OF BUSINESS: BOARD APPROVAL REQUIRED: COMMUNICATION NO. 15-15.2, RECEIVED ON MAY 12, 2015, FROM JULIAN T. WHITE, DEPUTY ATTORNEY GENERAL, TRANSMITTING THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER CONCERNING COMMUNICATION NO. 15-15 APPEALING A CLASSIFICATION OR RECLASSIFICATION OF A PARTICULAR POSITION ACTION BY THE DEPARTMENT OF HUMAN RESOURCES Chair Rabago stated that this appeal was heard in March concerning The Appellant, and would require a motion by the Board to approve the Findings of Fact, Conclusions of Law denying his appeal. Mr. White informed the Board that he's open to any changes or tweaking of the Findings of Fact, Conclusions of Law. There were none. Chair Rabago stated that a motion is needed to approve the Findings of Fact and Conclusions of Law denying the appeal of the Appellant. Page 5 Merit Board of Appeals May 20, 2015 Motion: Ms. Tulang moved to approve the Findings of Fact and Conclusions of Law denying the appeal of the Appellant. Seconded by Ms. Otake. The voice vote, was as follows: AYES: Board Members Otake,Tulang, and Chair Rabago—3. NOES: None. ABSENT: Member Nahuina - 1. EXCUSED: None. Ms. Toriano stated that relative to the appeal of the Appellant, the Board highly recommended that their office take action to amend the class specifications for clarity. The primary distinction concerns the difference between an ISA V in the field and an ISA V in the central Information Technology Department, which was the crutch of the issue in his appeal. Chair Rabago asked Ms. Toriano whether it specifies that the ISA V in the field is a working supervisor position. Ms. Toriano replied in the affirmative and inquired whether the Board would like her to read the amended class specifications. Chair Rabago replied in the affirmative. Ms. Toriano proceeded to read the amended class specification for the ISA V position: "Departmental positions in this class serve as a working supervisor, while positions in the central Information Technology department serve as a technical expert within a major functional area such as database administration, network services, or operating systems..." Chair Rabago thanked Ms. Toriano for doing a great job. DIRECTOR'S REPORT The Chair directed the Board to proceed to the next order of business, (Item 8): Director's Report. BARGAINING UNIT/NEGOTIATIONS UPDATE; AND ITEMS OF CURRENT INTEREST Ms. Toriano reported that the HR performance appraisal survey was sent out to the various departments with a deadline to submit by/on May 27. At their last meeting,the Board asked that she be prepared to present her goals for the next review period. Page 6 Merit Board of Appeals May 20, 2015 Ms. Toriano asked for the Board's patience in this area as one of the things she would like to do when setting her goals is to consider the feedback from the survey, which should align with the areas that they would need to improve and work on. Logistically, the Board would meet in June then, perhaps, at the July meeting she would present her goals for the next fiscal year. The Board agreed that her goals be presented at their July meeting. Ms. Toriano reported that they've wrapped up negotiations for Bargaining Units 02, 03, and 04 and is pending Council approval for the allocation of funds. She mentioned that prior to Bargaining Unit 14 coming on board they were all members of Bargaining Unit 03. Hawai'i County's Water Safety Officers are now in this bargaining unit. She deferred to Mr. Nick Hermes concerning the status update for Bargaining Unit 14. Mr. Hermes stated that negotiations are ongoing and that they anticipate there will be arbitration in the fall around October. Both parties are being realistic in that it will be a full arbitration,just given the demands of those members in the bargaining unit (i.e. state law enforcement, sheriffs, and water safety officers). The parties are continuing to meet and talk to develop a brand new salary structure to try to better meet their operations and their expectations and so forth, within the parameters that government can afford. Ms. Toriano also reported that, for informational purposes,there was a recent press release involving our County's medical suitability clearance process. In response to that, we are in the process of revisiting the forms that we use,the questions we ask, and the process in which we make a new hire go through. This will be one of her goals for next fiscal year. SCHEDULE NEXT The Chair directed the Board to proceed to the next order of business, Schedule MEETING DATE Next Meeting Date. (Item 9): Chair Rabago announced that their next regularly scheduled meeting would be held on Wednesday, June 24, 2015, at 11 a.m., at the Human Resources Conference Room. Page 7 Merit Board of Appeals May 20, 2015 ADJOURNMENT There being no other business, at 11:20 a.m., the Chair declared the meeting (Item 10): adjourned. Respectfully submitted, g€ ,flALauto% Glynis Yamada Secretary APPROVED: ilt-et -1(347( ./-'3'/ ne R. Rabago Chair ST/gy Page 8