HomeMy WebLinkAbout2010-07-20 Merit Appeals Board MinutesHilo, Hawaii
Tuesday, July 20, 2010
The regular meeting of the Merit Appeals Board, County of Hawaii, was
held in the conference room of the Department of Human Resources, 101 Pauahi
Street, Suite 2, Hilo, Hawaii, on Tuesday, July 20, 2010.
Present:
Mr. G. Rick Robinson, Chair
Mr. Gary Yoshiyama, Vice Chair
Mr. Kenneth Rowe, Member
Mr. Ronald K. Takahashi, Director of Human Resources
Ms. Sharon Toriano, Deputy Director of Human Resources
Ms. Diane Noda, Deputy Corporation Counsel
Ms. Irene Okamura, Human Resources Technician I
Ms. Yumi Nakamura, Clerk III
Excused:
Mr. Henry "Hank" Silva, Member
Mr. Brian J. De Lima, Member
Chair Robinson called the meeting to order at 9:34 a.m.
MINUTES OF JUNE 15, 2010
MOTION: Chair Robinson moved that the minutes of June 15, 2010 be
approved as circulated. The motion was seconded by Vice
Chair Yoshiyama and unanimously carried.
NEW BUSINESS
A) Communication No. 10 -03, petition of appeal, received June 28,
2010, from Todd K. Zeiller, appealing his non - selection to a position with the
Planning Department.
HMO Count is an Efial C�y" Provider and Effy9ayer.
The Board scheduled Mr. Zeiller's appeal hearing for September 21, 2010,
at 10:30 a.m.
B) Change meeting time of Merit Appeals Board meetings.
Vice Chair Yoshiyama explained that this issue stemmed from a conflict
with another board that he serves on, which meets 7:00 a.m. to 9:30 a.m. on the
same dates as the Merit Appeals Board. He believed that it would be a
disservice to both boards if he couldn't fully participate as expected to carry out
his responsibility, which led to Chair Robinson suggesting having a discussion on
changing the time of the Board's meeting.
There were no objections to changing the meeting time to start at
10:00 a.m.
MOTION: Vice Chair Yoshiyama moved that the meetings start at
10:00 a.m., with appeal hearings to start at 10:30 a.m.,
effective September 2010. The motion was seconded by
Mr. Rowe and unanimously carried.
DIRECTOR'S REPORT
Mr. Takahashi reported the following:
1) Furlough Update. The County's furlough plan began in July and
will be on the first and third Friday of every month, except for August when the
third Friday is a holiday, thus the furlough Friday will be observed the following
Monday. They were able to negotiate and finalize final supplemental
agreements with the unions on how to implement the furloughs. They
negotiated a 5% reduction in pay for the Water Safety Officers (beach
lifeguards), Police and Fire Dispatchers, and the administrative personnel in the
Wastewater Division of the Department of Environmental Management. The
departments for those employees felt it was difficult to shut down operations for
one day, so the alternative of not furloughing them two days per month was to
agree to a 5% reduction in pay where they continue to work their 40 hours per
week. Everything is in place now, and they're facing their first payroll situation
with the furlough, which will probably generate a lot of questions on dealing
with those situations.
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In response to a question posed by Mr. Rowe, Mr. Takahashi explained
that Unit 11 (fire fighters) and Unit 12 (police officers) negotiated a pay raise
four years ago; therefore the 5% increases for the fire fighters and the 6% for
the police officers were effective July 1 and have been processed. The police
officers and fire fighters are not subject to furlough.
2) Other items of current interest. All collective bargaining
agreements with all unions expire on June 30, 2011. They have officially begun
negotiations for the new contracts that take effect on July 1, 2011. The
employers have formally exchanged proposals with the unions, although they
have not scheduled any meeting dates for negotiating any changes to the
agreements. Mr. Takahashi doesn't anticipate negotiations to fully start until
the election of a new governor takes place; however, they have started the
process in accordance with law.
Any tentative agreements on cost increases reached by the parties (the
employer and the union) have to be approved by their respective legislative
bodies, which would be the State Legislature and all of the county councils. If
any one of those bodies reject the cost item increase, the parties have to go back
to the table again.
NEXT MEETING DATE
The Board's next meeting was scheduled for Monday, August 16, 2010, at
9:30 a.m., followed by Teri Botelho's appeal hearing at 10:00 a.m. The next
meeting will be on September 21, at 10:00 a.m., followed by Todd Zeiller's
appeal hearing at 10:30 a.m.
The meeting recessed at 9:49 a.m.
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Hilo, Hawaii
Tuesday, July 20, 2010
HEARING ON PRE-HEARING MOTIONS — 10:00 A.M. — TERENCE S.
IGNACIO —WERE ANY CIVIL SERVICE LAWS, RULES, OR
REGULATIONS VIOLATED IN THE APPELLANT'S TERMINATION AS
A PROBATIONARY POLICE OFFICER WITH THE HAWAII COUNTY
POLICE DEPARTMENT?
Present:
Mr. G. Rick Robinson, Chair
Mr. Gary Yoshiyama, Member
Mr. Kenneth M. Rowe, Member
Mr. Julian White, Deputy Attorney General
Ms. Yumi Nakamura, Clerk III
Ms. Irene S. Okamura, Human Resources Technician
Others Present:
Mr. Terence S. Ignacio, Appellant
Mr. Terence G. Ignacio, Appellant's Father
Mr. Robert J. Crudele, Attorney for Appellant
Mr. William B. Heflin, Attorney for Appellant
Mr. Brandon Gonzalez, Deputy Corporation Counsel
Ms. Diane Noda, Deputy Corporation Counsel
Ms. Sharon Toriano, Deputy Director of Human Resources
Chair Robinson called the hearing to order at 10:03 a.m. and noted that
the Appellant had requested a closed hearing.
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OPEN SESSION:
MOTION: Mr. Rowe moved to dismiss the appeal without prejudice and
remand the parties back to Step 3 of the process. The motion
was seconded by Vice Chair Yoshiyama and unanimously
carried.
Mr. White noted that he will draft the findings of fact and conclusions of
law and order for the Chair's examination. Once the Chair signs it, it will be
emailed to the parties, and that's when the clock starts ticking.
The hearing adjourned at 10:52 a.m.
Respectfully submitted,
Ronald K. Takahashi
Secretary
APPROVED:
G. Rick Robinson
Chair vym
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