HomeMy WebLinkAbout2010-11-16 Merit Appeals Board MinutesHilo, Hawaii
Tuesday, November 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, November 16, 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. Diane Noda, Deputy Corporation Counsel
Ms. Yumi Nakamura, Clerk III
Ms. Velma Y. Menezes, Secretary- Reporter
Excused:
Mr. Brian De Lima, Member
Mr. Henry "Hank" Silva, Member
Chair Robinson called the meeting to order at 10:05 a.m.
MINUTES OF SEPTEMBER 21, 2010
MOTION: Vice Chair Yoshiyama moved that the minutes of
September 21, 2010 be approved as circulated. The motion
was seconded by Mr. Rowe and unanimously carried.
COMMUNICATIONS
A) Communication No. 10 -05, petition of appeal, received October 14,
2010, from Robert J. Crudele, Esq., and William B. Heflin, Esq., Crudele & De
Lima, on behalf of Terence S. Ignacio, appealing his termination from
employment as a Police Officer from the Hawaii County Police Department.
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Ms. Noda noted that from what's stated on the appeal, it looks like the
Mayor's Office had not issued a written decision. Since the timeline that is set
forth in the internal complaint procedures was not followed and time has passed
with no written decision, the attorneys for Mr. Ignacio filed the appeal once
again with the Merit Appeals Board.
Ms. Noda stated that the employer is requesting the hearing not be set on
the regular meeting date of December 21, because the Police Chief is not
available on that day. They are requesting January 18, 2011 as an alternative.
The Board scheduled the hearing for January 18, 2011, at 10:30 a.m.
DIRECTOR'S REPORT
Mr. Takahashi reported the following:
1) He received notification from Maui's Civil Service Commission that
its Director of Personnel Services, Lynn Krieg, is retiring at the close of business
on December 30. Ms. Krieg, when submitting her retirement notice,
recommended that the commission appoint her deputy, Lance Hiromoto, as the
new director. The commission unanimously agreed and appointed Lance
Hiromoto as Director of Personnel Services effective December 31, 2010.
2) Mr. Takahashi submitted the department's budget estimates for
fiscal year 2011 -2012. Departments went through a different procedure this
year and were asked to do zero -based budgeting, which means that each line
item has to be justified with reasons as to why the item was needed, why that
amount was needed, and what exactly was being budgeted. The bottom line for
HR's budget turned out $28,389 less than last year, and the department had
already scaled back tremendously last year. However, because furlough
adjustments of $141,000 were put back into the budget, as it remains to be seen
what will happen to furloughs with collective bargaining, the budget actually is
more than last year's.
3) Department reorganization. Ms. Toriano reported that the
department's reorganization and initiative to cross train staff has begun. It was
an interesting growth exercise, and staff worked very hard to create what they
felt was a doable training outline to actually begin cross training, even at the
division head level.
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The actual reorganization involves taking three positions — one out of
recruitment, one out of administration, and one out of classification — and
making them generalists where they will be cross trained in all six functional
areas of HR. In addition to that, several of the division heads also want the
opportunity to cross train and move away from just being a specialist in their
functional area; for example, Mr. Takashiba, expressed an interest to cross train
in classification, and Ms. Hopp, the trainer, expressed an interest to cross train
in labor relations.
Mr. Takahashi added that the purpose of cross training is to be prepared
in the face of attrition. This has not come down as a mandate. The department
is taking the lead, as it has always been one of his goals to get away from
specialization and go into the generalist direction so that when the department is
faced with these situations of employees leaving, they will be able to work
through the challenges.
Ms. Toriano informed the Board that she is involved with preparations for
West Hawaii Civic Center, and the goal is to start the move at the end of
December. Some of the initiatives they're looking at include what service with
aloha would look like. Bringing everyone onto one campus, how do they serve
the public and how do they make this civic center a community civic center?
Mr. Takahashi noted that Human Resources will have a space and a room
to hold exams in Kona. There are larger meeting rooms as well that can be
utilized for bigger exams.
4) Labor Relations orientation. Mr. Takahashi introduced his
manager in Labor Relations, Ian Takashiba.
Mr. Takashiba reported that he has been in this position for 5 -1/2 months
now. Primarily, a lot of his time is spent working on the employer -level
grievances. Basically these are grievances that are not able to be resolved at the
division or the department level and are subsequently filed with the Mayor, who
designates Mr. Takahashi as the designee for the Step III grievances.
Mr. Takashiba listens to the grievances and discusses them with Mr. Takahashi
and the departments about a response to the grievance.
Right now, all the collective bargaining agreements are expiring come
June 30, 2011, so they're in the process of preparing for negotiations. They have
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received most of the union proposals and are currently reviewing them and
working on preparing the County's position for the proposals. On December 6,
the new governor will take office, and from there a Chief Negotiator for the
State will need to be designated and we should have a better idea of the
employer's position.
Mr. Takashiba also assists the departments with supplemental agreements
which are specific to the needs of the County of Hawaii and which also involves
certain departments. An example is a department that wants a 4 -10 schedule,
which is a four -day, ten -hour work schedule. The department will seek
Mr. Takashiba's assistance, and he'll negotiate with the specific unions.
Mr. Takashiba also assists or takes the lead in consulting with various key
officials on things that impact the County.
In the day -to -day work, he deals with departmental managers and with
the HR representatives in applying and interpreting the collective bargaining
agreements. He also assists them with some of the day -to -day operations and
interpretations.
Also as a participant in cross training, he is working on the training
program to familiarize the rest of the staff on what the labor relations division
does. It's been a challenge, but he believes they're heading in the right direction
and staff members are willing and motivated to learn more about labor
relations.
Mr. Yoshiyama asked about internal complaints and the internal
complaint procedure. Mr. Takahashi responded that the department is not
involved in that. The Mayor's Office primarily handles that, as the process is set
up for complaints to end up at the Merit Appeals Board level; and at the time
procedures were being developed, Mr. Ben had decided that MAB shouldn't be
ruling on the director's decision. However, they do consult with the Mayor's
Office and with Corporation Counsel.
The Mayor has designated Mr. Takahashi as the chief negotiator for the
County. The process set up by the collective bargaining law is that the State and
the county jurisdictions serve as the employer group to negotiate one contract
with the various unions. It's one contract that's applicable to the State and all
county jurisdictions. The law allows for negotiations of supplemental
agreements, whereby individual needs of the specific jurisdiction are addressed
that are not common with other jurisdictions. The State Chief Negotiator is the
lead person for the employer group in its negotiations with the unions. The way
it's set up is those bargaining units that have county representation or county
employees in that bargaining unit, the Chief Negotiator needs one county to vote
with the position of the State for that position to go across to the union.
Mr. Takahashi further reported that he, Ms. Toriano, and Mr. Takashiba
will divvy up the negotiations, as it would be very difficult for him to attend
every single session. That way, they can serve as each others' backup too, and
between the three of them, handle the negotiations for the County.
NEXT MEETING DATE
Chair Robinson noted that if an appeal is filed in the interim, they will
schedule it for January's meeting. There will be no meeting in December.
ADJOURNMENT
MOTION: Mr. Rowe moved that the meeting be adjourned. The motion
was seconded by Vice Chair Yoshiyama and unanimously
carried.
The meeting adjourned at 10:40 a.m.
APPROVED:
G. Rick Robinson
Chair
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Respectfully submitted,
Ronald K. Takahashi
Secretary
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