HomeMy WebLinkAbout2010-08-16 Merit Appeals Board MinutesHilo, Hawaii
Tuesday, August 16, 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, August 16, 2010.
Present:
Mr. G. Rick Robinson, Chair
Mr. Gary Yoshiyama, Vice Chair
Mr. Brian De Lima, Member
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. Yumi Nakamura, Clerk III
Ms. Velma Y. Menezes, Secretary- Reporter
Excused:
Mr. Henry "Hank" Silva, Member
Chair Robinson called the meeting to order at 9:34 a.m.
MINUTES OF JULY 20, 2010
MOTION: Vice Chair Yoshiyama moved that the minutes of July 20,
2010 be approved as circulated. The motion was seconded by
Mr. Rowe and unanimously carried.
DIRECTOR'S REPORT
Mr. Takahashi reported the following:
1) Workers' Compensation Presentation. Mr. Takahashi introduced
Ms. Charmaine Kamaka, division head for the Health & Safety Division.
Hawaii County is an U qual Opportunitq provider and F,mploger.
Ms. Kamaka gave a presentation on workers' compensation and also responded
to questions the Board had asked at its March 16 meeting.
a) What is our exposure or liability for vehicle accidents when a vehicle is
County subsidized? (This question was originally in reference to police officers.)
Police officers have the option of obtaining property coverage either
through SHOPO or through their own carrier with a maximum of $250 for
collision and $100 for comprehension. By contract, the County pays the
deductible and the officer pays the premium. When no property coverage is
obtained, the County of Hawaii has no obligation to contribute.
Chair Robinson asked whether there are other individuals using cars that
are subsidized. Ms. Toriano stated that she knows of directors or deputies who
use their personal vehicle to commute across the island and are given an
allowance. It wouldn't be called a subsidy, however. Ms. Toriano noted that
this subject came up because the Board has been looking at a log of vehicle
accidents every month. She asked whether the Board wants to continue to look
at this log.
Vice Chair Yoshiyama responded that if Ms. Kamaka keeps the
information in the form of statistical information, that's all the Board needs to
see, rather than a narrative.
In reference to the recent case in Kona where a County employee was
driving a County vehicle without a license and hit a bicyclist, Ms. Kamaka noted
that they're putting something together right now to track every employee by
department, with the license expiration date. While it is the employees'
responsibility to maintain their license, the County does have an inherent
exposure or liability if they don't. Further, Ms. Kamaka is developing a policy
that mirrors the Department of Transportation rules that say if an employee has
a moving violation, it is the employee's duty to notify the employer in writing of
that moving violation. This pertains to those employees who either operate a
County vehicle or receive mileage reimbursement for using their own vehicle for
County business.
Ms. Toriano noted that the monitoring and possession of licenses was a
role that was decentralized, and they're finding that they have to take a more
active role.
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Mr. De Lima asked about a County -wide policy on the minimum amount
of insurance Police should be required to have, as well as perhaps the other
employees who receive car allowances.
Ms. Kamaka stated that there may be a requirement; she'll find out. She
noted that Fire and Parks are fully (self) insured.
b) Why did Parks and Recreation have so many IAs (industrial
accidents) for February?
Ms. Kamaka explained that what the Board saw was a snapshot, and they
happened to see a snapshot of a period where Parks had a lot of accidents.
Ms. Kamaka showed the Board a year -to -date graphic of Parks and Recreation.
In looking at the graph, Parks had a significant reduction last fiscal year and
was the most improved department with a substantial reduction in the number
of accidents.
Chair Robinson asked if an industrial accident equates to a workers' comp
claim, to which Ms. Kamaka responded that it's not necessarily so. There are
two kinds of claims: 1) an incident report whereby the employee doesn't seek
medical treatment; and 2) a workers' comp claim. Overall, the County is
continuing to reduce its workers' comp claims. Ms. Kamaka distributed graphs
and reviewed them with the Board. Since Ms. Kamaka came to work here in
2001, they have continued to reduce the number of claims each year. They went
from a high of 800+ claims in 2001 and are currently down to 300+ claims.
Ms. Kamaka also tracked new claims by number of employees, so even though
the workforce was climbing and their exposure went up, they continued to keep
the number of claims down. They're spending roughly $2.5 million a year on
average right now for workers' compensation claims, which is still high but
lower than it had been.
c) What initiatives have been taken to reduce industrial injuries either
by Safety or individual departments?
Ms. Kamaka stated that they work to encourage departments to establish
safety committees. They find that departments or divisions that have active
safety committees have fewer accidents because they take ownership of their
programs and take pride in their operations and the fact that they don't have
accidents. Ms. Kamaka provides reports to departments that identify their
respective trends from which they can develop preventative strategies. Her
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division develops and presents a variety of safety training programs, and
conducts in -house safety inspections to identify and eliminate hazards, which
also reduces the potential for occupational safety and health fines.
Ms. Kamaka's division does departmental safety checklists where they go
in to a worksite and do their own safety inspections, and they provide an
employee assistance program for troubled employees. An initiative they take
with respect to claims handling is the assignment of case management nurses to
the more complex claims. They conduct thorough, comprehensive claims
investigations and management to stave off meritless claims; they assign litigious
claims with potential for high payout to outside legal counsel; and they return
injured workers back to light duty as soon as they can get a release from the
physician, and that facilitates a speedy recovery.
Mr. De Lima commended Ms. Kamaka on the above and suggested that
the information be shared in the County online newsletter or through a press
release.
Chair Robinson asked that Ms. Kamaka also provide information on
percentages, e.g., the total County payroll and workers' comp payoffs — what is
that percentage basis, then measure and see what the benchmark is.
2) Other items of current interest. Ms. Toriano reported on the
department's reorganization plans:
With her arrival, one of her challenges was to look at what the department
is doing and how they're doing it; what, if anything, can be done to improve
their efficiencies. Most importantly, this will not be an exercise with just herself.
They are taking their division heads and are asking and challenging all of them
alike.
As five of their staff are retirement eligible and they'll probably be lean in
the next five years, working smarter and working better means taking down
silos. Instead of being specialized, they need to be more generalized where they
can leverage technology. When she discovered that a lot of their written civil
service examinations that are being administered are locked in a vault, she
challenged the division head to look at that process to bring the department to
the 21St century. Happily, the division head is very enthusiastic and excited, and
she's looking at a web based recruitment system where people can apply online.
By bringing applicants into that data base, they will be able to screen the
qualifications against what's holding so that someone isn't manually sitting
there. The system can also correspond directly with the applicants to notify
them of receipt and whether they qualified or not, whether there's a written
exam or not, etc. It would replace their current system that focuses only on
examination processes, and the cost is somewhere around $25,000 compared to
the $5,000 they're spending now. They are looking at sources of funding
through grants and other possible means. If they can't find a grant, they'll
certainly look at building it into the budget for next year.
Mr. Takahashi announced that his plan is to have all the division heads
attend a meeting, one at a time, to provide presentations such as Ms. Kamaka's.
He asked if there was any particular division the Board would like to hear from
first.
Vice Chair Yoshiyama responded that he'd like to hear from either
Recruitment and Examinations or Labor Relations.
NEXT MEETING DATE
The Board's 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 10:07 a.m.
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Hilo, Hawaii
Monday, August 16, 2010
HEARING — 10:00 A.M. — TERI J. BOTELHO — WERE ANY CIVIL
SERVICE LAWS, RULES, OR REGULATIONS VIOLATED IN THE
APPELLANT'S TERMINATION FROM EMPLOYMENT WITH THE
OFFICE OF THE PROSECUTING ATTORNEY?
Present:
Mr. G. Rick Robinson, Chair
Mr. Gary Yoshiyama, Member
Mr. Brian De Lima, Member
Mr. Kenneth M. Rowe, Member
Mr. Julian White, Deputy Attorney General
Ms. Yumi Nakamura, Clerk III
Ms. Velma Y. Menezes, Secretary- Reporter
Others Present:
Ms. Teri J. Botelho, Appellant
Mr. William Reece, Attorney for Appellant
Ms. Diane Noda, Deputy Corporation Counsel
Ms. Donna Springer, Investigator
Mr. Joseph Kamelamela, Deputy Corporation Counsel
The following witnesses testified:
Mr. Kaysen De Silva
Ms. Teri J. Botelho
Ms. Joyce Seelen
Chair Robinson called the hearing to order at 10:16 a.m.
The Appellant requested a closed hearing. Ms. Springer and
Mr. Kamelamela (who was present for a portion of the hearing) were allowed to
remain but were instructed to refrain from discussing any matters with any of
the witnesses.
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The hearing recessed at 2:55 p.m. and will be continued to September 21,
2010 at 10:30 a.m.
Respectfully submitted,
Ronald K. Takahashi
Secretary
APPROVE I :
G. Rick Robinson
Chair vym
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