HomeMy WebLinkAboutComm. No. 25-04.07 From Prosecuting Attorney Kelden B. A. Waltjen Providing Supplemental Input re Salary Adjustments for FY25-26 RCUD HUMAN RESOURCES
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655 KILAUEA AVENUE
f � —, HILO,HAWAII96720
KELDEN B.A.WALTJEN Y9, PH:(808)961-0466
PROSECUTING ATTORNEY • • FAX:(808)961-8908
SHANNON M.KAGAWA 74-675 KEALAKEHE PARKWAY
KAILUA-KONA,HAWAII 96740
FIRST DEPUTY rap 4 PH:(808)322-2552
PROSECUTING ATTORNEY 7NG - FAX:(808)322-6584
64-1067 MAMALAHOA HIGHWAY,C-3
KAMUELA,HAWAII 96743
PH:(808)887-3017
OFFICE OF THE PROSECUTING ATTORNEY FAX:(808)887-3016
Statement of
KELDEN B.A.WALTJEN
Prosecuting Attorney, County of Hawai`i
before the
County of Hawaii Salary Commission
Monday,December 22,2025
10:00 a.m.
Council Chambers
in consideration of
Proposed Salary Adjustments for Fiscal Year 2025-2026
Chair Steven Pavao,Vice-Chair Dr.Donala Kawa'auhau,and Members of the Hawaii
County Salary Commission;
The Office of the Prosecuting Attorney submits the following supplemental input(initial
input submitted for consideration for September 24,2025 hearing)in support of salary adjustments
for fiscal year 2025-2026 and beyond.
1. Appointed and elected Hawai`i County employees did not receive COVID-19 hazard pay.
In October,current and separated Hawai`i County employees who worked between
March 2020 and March 2022 received their COVID-19 hazard pay compensation.
Unfortunately, elected and appointed employees, like our deputy prosecuting attorneys,who
also worked during the same.period and whose positions often required mandatory in-person
court appearances,were not compensated by Hawai`i County.At the same time, our Hawai`i
State employee counterparts, such as those at the Judiciary,Department of the Attorney
General, and Office of the Public Defender received hazard pay compensation from the
State of Hawai`i in the amounts of$10,000 or$20,000 depending on the amount of time
they worked.
2. The State Commission on Salaries and Maui Salary Commission recommended salary
increases for elected and government officials.
The State Commission on Salaries' March 23,2025 Reports and Recommendations
to the 2025 Legislature recommended incremental increases for justices and judges of all
State courts,members of the legislature,the governor and lieutenant governor,and specified
SALARY COMMISSION
Hawai'i Counfyis an Equal Oppo r(unity Pm wider and Employer COUNTY OF HAWAI'I
Comm.No. 25404.07
Date P/December 22, 2025
appointed officials within the State executive branch.With respect to the Judiciary the
following increases were recommended and confirmed by the Legislature:
•Effective July 1,2025, increase the salary of the chief justice and associate
justices of the supreme court by 10%; chief judge and associate judges of
the intermediate court of appeals by 10%; circuit court judges by 12%; and
district court judges by 10%.
•Effective July 1,2026,increase the salaries of all positions by 10%.
•Effective July 1,2027,increase the salary of the chief justice and associate
justices of the supreme court by 8%,chief judge of the intermediate court of
appeals by 8%, associate judges of the intermediate court of appeals by 9%;
circuit court judges by 9%,and district court judges by 8%.
•Effective July 1,2028,July 1,2029,and July 1,2030,increase the salaries
of all positions by 4%each years.
It is also important to note,that there are currently 33 State circuit court
judges across the State but only four county prosecuting attorneys. Of the four
county prosecuting attorneys,three are elected, including the Hawaii County
Prosecuting Attorney whom besides the Hawai`i County Mayor is the only other
elected Hawai`i County official whose jurisdiction extends across Hawai`i Island.
State circuit court judges' salaries are of particular importance.As noted in our
September 24,2025 input to this Commission,the National District Attorneys Association
has set forth the following standard that should be considered when determining the salary
of the Prosecuting Attorney:
1-4.2 Compensation;Responsibilities of the Chief Prosecutor
Chief prosecutors should be compensated commensurate with their
responsibilities. The salary of the full-time chief prosecutor should be at
least that of the salary of the chief judge of general trial jurisdiction in the
chief prosecutor's district and should not be lowered during a term of office.
Factors that should be considered in determining compensation include,but
are not limited to:
a. The benefits to the jurisdiction of encouraging highly competent people to
seek a position of prosecutor with a career orientation; and
b. The level of compensation of people with analogous responsibilities in the
private practice of law,in private industry,and in public service."2
The current proposal being considered by the Salary Commission to mirror HGEA's salary
increases for executives and elected officials is reasonable when compared to the State
Commission on Salaries' recommendations that were affirmed by the Legislature earlier this
year. State circuit court judges salaries are now$243,156 effective July 1,2025 and will
further increase to $267,468 effective July 1,2027, $291,540 effective July 1,2028,
$303,204 effective July 1,2028, $315,336 effective July 1,2029,and$327,948 effective
1 https://dhrd.hawaii.gov/wp-content/uploads/2025/03/2025-0313-COS-FINAL-Report-Appendices-1.pdf.
2 https://ndaa.org/wp-content/uploads/NDAA-NPS-3rd-Ed.-w-Revised-Commentary.pdf.
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July 1,20303. If the Commission were to adopt the NDAA guidelines,the Prosecuting
Attorney's salary would be the same as a State circuit court judge's salary. Perhaps that was
considered when the Maui Salary Commission approved salary increases for Maui County
officials earlier this year, including a 38%raise for the Maui County Prosecuting Attorney
who earns a$239,043 salary and is the only non-elected and appointed county prosecuting
attorney4. Similarly to Hawai`i County,Maui County's deputy prosecuting attorneys'
salaries are set by county ordinance; however,their salary range is now$122,000 to
$213,000 making it difficult to compete with Maui County in recruiting and retaining
attorneys.
3. The deputy prosecuting attorney salary range is determined by the Prosecuting Attorney's
salary.
A salary increase for the Prosecuting Attorney is required to increase the salary range
for our deputy prosecuting attorneys.The only other Hawai`i County department with a
similar restriction is the Office of the Corporation Counsel.
Hawai`i County Code Article 26 §2-144 provides, in relevant part,"[t]he appointing
authorities shall set the salaries for deputies within their offices;provided no deputy shall be
compensated at a rate which is less than fifty percent nor more than ninety percent of the
salary which has been established for the prosecuting attorney or corporation counsel,
whichever is higher."
4. Conclusion
OPA understands and acknowledges that our County currently has significant
financial obligations; however, if funding permits, OPA supports salary increases and the
Commission's proposal to mirror HGEA's salary increases for executives and elected
officials. The Commission's proposal is reasonable when compared to the recent
recommendations by both the State Commission on Salaries and Maui Salary Commission.
Mahalo for allowing OPA an opportunity to provide input for your consideration.
3 https://dhrd.hawaii.gov/wp-content/uploads/2025/03/2025-0313-COS-FINAL-Report-Appendices-I.pdf.
4 https://www.civilbeat.org/2025/04/divisive-maui-pay-hikes-should-a-mayor-earn-more-than-a-govemor/.
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