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HomeMy WebLinkAbout2011-02-15 Merit Appeals Board MinutesHilo, Hawaii Tuesday, February 15, 2011 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, February 15, 2011. 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 JANUARY 18.2011 MOTION: Mr. Rowe moved that the minutes of January 18, 2011 be approved as circulated. The motion was seconded by Vice Chair Yoshiyama and unanimously carried. UNFINISHED BUSINESS A) Selection of Chair and Vice Chair for Calendar Year 2011 The Board decided to defer the matter to a meeting when the other members are present. 3lawaft County u an Equa.Copportuntty Provider andEmyloyer . /� ,AWN DIRECTOR'S REPORT 1) Americans With Disabilities Act and Equal Employment Opportunity orientation. Mr. Takahashi introduced Equal Opportunity Officer and ADA Coordinator, Dr. Teri Spinola- Campbell, who briefed the Board on the functions and duties she performs in those two areas. Dr. Spinola - Campbell stated that she's been with the department for seven years when the job was moved from the Mayor's Office where it had been performed by an executive assistant. Her position is to ensure the County's compliance with federal and state civil rights laws and develop policies and procedures relative to those laws, such as their anti - discrimination and harassment policy and procedure and procedures for providing reasonable accommodation for employees. She just developed a mobility device policy because new ADA regulations want public entities to take a two- tiered approach to mobility devices in their areas. Dr. Spinola- Campbell conducts training for County employees and also gets involved in some investigations. The policy is written so that if a complaint is against a director or deputy director, she investigates; and if it's against a supervisor in the department, the employee is supposed to file the complaint with their department's internal complaint procedure so it's with the department's purview to investigate those types of complaints. However, she is here to provide assistance to the departments. Dr. Spinola- Campbell also provides guidance to the departments when they call, somewhat like a consulting service; but when she looks at what she does, most of it revolves around the Americans with Disabilities Act where the public is trying to access County programs and services or facilities. She has a court- ordered $50,000 fund where if people request an access modification to one of the County's facilities, she has the funding to provide monies for that. One example is the pedestrian push button signals that have been installed at various corners in Hilo for an individual who uses a power chair that he powers with his breath. The individual has muscular dystrophy so can't use his upper body at all. The pedestrian push button is installed at a level where he can push it with his footrest. Also with that fund, a lot of lifts for pools were purchased where the lifts were deteriorating and weren't working anymore. 2 r 10% With employees, Dr. Spinola- Campbell gets involved under Title I with reasonable accommodations. She has been noticing lately that they are having employees who are developing significant disabilities either through aging or accidents when they're not at work where they may not be able to perform the essential duties of their job anymore so they get involved with reassignment, a job search, looking at what the employee can do and/or if the employee can perform the essential functions of their own jobs, and what are reasonable accommodations for the employee. Mr. Rowe asked whether reasonable accommodations are provided at the County beaches for people using wheelchairs who may request access to beach park such as Richardson's. Dr. Spinola - Campbell reported that they have purchased what's called mobi mats over which people in wheelchairs can travel over. She has also purchased four beach wheelchairs for Parks and Recreation. However, the problem they have encountered is the staffing of people to place and remove the mobi mats each day. So they had an initiative this summer at Richardson's where the Parks and Recreation's ADA specialist, Alyssa, partnered with a nonprofit organization who puts down mobi mat every Thursday at Richardson's with the beach wheelchairs. It will be easier once the ADA improvements to Richardson's are done. They are still in the design phase and working on issues regarding graves that are there at that site. They also surf days one day a month for beach access at Kahalu`u Beach Park in Kona. Chair Robinson noted that when the Act was first passed, there hadn't been any clear guidelines established for an architect to follow. Chair Robinson asked whether any design guidelines have been written since that time with clear standards. Dr. Spinola - Campbell explained that in 1991, they had the ADAAG, which is the ADA accessibility guidelines under Title III, that they construct according to; but now in July ADA just came out with 2010 ADA standards for accessible design, and DCAB, the state agency that reviews construction drawings, started reviewing to the 2010 standards in January. Dr. Spinola- Campbell believes they are better and easier to follow and are also more comprehensive. They looked at what didn't work with the ADA for the past 20 years and maybe different things they were silent on before and put them in the new standards. They also developed standards for swimming pools, golf courses, tennis courts, shooting 3 A no ranges, housing. Anything constructed or built after March 15, 2012 must comply with the new standards. Vice Chair Yoshiyama asked about the relationship between herself and the other County departments. Dr. Spinola - Campbell responded that when she first started it was a little rocky, as when she first started working here, she thought if they weren't in compliance, it was all on her. However, through the years, they've worked together. The departments have their people that are responsible for overseeing the design and the measurement, and she works with them if she sees something that is not correct. Sometimes the departments ask for her assistance in researching something, and she has contacts she can go to for information. A lot of times the public might come to her first to file a complaint and then she informs the department. She tries to work with them to come up with a solution. She can make recommendations; she can't make them do anything. They know she's here if they need something, and she has funding to help them purchase things, so it's pretty good. Dr. Spinola - Campbell further explained that there is an engineer in Public Works that is involved with contracts, and if it has anything to do with the County, the drawings have to be reviewed by DCAB, the state agency, under Hawaii Revised Statutes 103 -50. 2) Collective bargaining update. The State Office of Collective Bargaining asked the County of Hawaii for assistance in handling the Fire Fighters negotiations. Mr. Takahashi has agreed, with the Mayor's concurrence, to be the spokesperson for the employers in the Hawaii Fire Fighters Association negotiations. Vice Chair Yoshiyama asked about the proposal for the creation of a 14th bargaining unit and where the County of Hawaii stands on that. Mr. Takahashi stated that a 14th bargaining unit may be created for first responder emergency personnel, beach lifeguards, and water safety officers. They don't believe that they belong in a professional HGEA bargaining unit, and Mr. Takahashi agrees with that. They're asking for representation as a separate unit. Mr. Takahashi believes the deputy sheriffs and DLNR enforcement employees would be included as well. 4 Almkk 3) Other items of current interest. On behalf of the County, it was Mr. Takahashi's pleasure to present a certificate of appreciation to Rick Robinson for his valuable service to the County. The certificate was signed by Mayor Billy Kenoi. NEXT MEETING DATE Chair Robinson noted that the next meeting would be on March 15, 2011, if needed. The Board recessed at 10:35 a.m. 5 000*1 A*1*4k Hilo, Hawaii Tuesday, February 15, 2011 HEARING (CONTINUED FROM JANUARY 18, 2011) - 10:30 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. Velma Y. Menezes, Secretary- Reporter Others Present: Mr. Terence S. Ignacio, Appellant Mr. Robert J. Crudele, Attorney for Appellant Ms. Diane Noda, Deputy Corporation Counsel The following witnesses testified: Mr. Terence S. Ignacio, Appellant Mr. Harry Kubojiri, Police Chief The following exhibits were entered into the record: Appellant's Exhibit 46 - Stipulation re Officer Chester Franco Appellant's Exhibit 47 - Stipulation re Det. Wendell Carter County's Exhibit A - Portion of Internal Affairs report County's Exhibit B - Internal Affairs report by Det. Alan Kimura Chair Robinson called the hearing to order at 10:40 a.m. .:1 AOOOWNI Chair Robinson noted that the hearing remains closed, as previously requested by the Appellant. n The Board convened into an executive session at 3:05 p.m. and reconvened at 3:45 p.m. MOTION: Mr. Yoshiyama moved that the appeal be denied. The motion was seconded by Mr. Rowe. Discussion: Vice Chair Yoshiyama noted that they do believe there were any violations of statutes, rules and regulations on the part of the employer. The motion was voted on and unanimously carried. Mr. White noted that he will draft the findings of fact and conclusions of law, which will be submitted to the Board members to review. After it's signed, Mr. Crudele will receive a copy of it; and that will start the appeal period running with any possible Chapter 91 appeal. The hearing adjourned at 3:47 p.m. APPROVED: G. Rick Robinson Chair 22 Respectfully submitted, Ronald K. Takahashi Secretary vym Hilo, Hawaii Tuesday, February 15, 2011 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, February 15, 2011. 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 JANUARY 18, 2011 MOTION: Mr. Rowe moved that the minutes of January 18, 2011 be approved as circulated. The motion was seconded by Vice Chair Yoshiyama and unanimously carried. A) UNFINISHED BUSINESS Selection of Chair and Vice Chair for Calendar Year 2011 The Board decided to defer the matter to a meeting when the other members are present. Hawaii C unty is an Equal Qyyortunity Pravider and Emyloyer. DIRECTOR'S REPORT 1) Americans With Disabilities Act and Equal Employment Opportunity orientation. Mr. Takahashi introduced Equal Opportunity Officer and ADA Coordinator, Dr. Teri Spinola- Campbell, who briefed the Board on the functions and duties she performs in those two areas. Dr. Spinola- Campbell stated that she's been with the department for seven years when the job was moved from the Mayor's Office where it had been performed by an executive assistant. Her position is to ensure the County's compliance with federal and state civil rights laws and develop policies and procedures relative to those laws, such as their anti - discrimination and harassment policy and procedure and procedures for providing reasonable accommodation for employees. She just developed a mobility device policy because new ADA regulations want public entities to take a two- tiered approach to mobility devices in their areas. Dr. Spinola- Campbell conducts training for County employees and also gets involved in some investigations. The policy is written so that if a complaint is against a director or deputy director, she investigates; and if it's against a supervisor in the department, the employee is supposed to file the complaint with their department's internal complaint procedure so it's with the department's purview to investigate those types of complaints. However, she is here to provide assistance to the departments. Dr. Spinola- Campbell also provides guidance to the departments when they call, somewhat like a consulting service; but when she looks at what she does, most of it revolves around the Americans with Disabilities Act where the public is trying to access County programs and services or facilities. She has a court - ordered $50,000 fund where if people request an access modification to one of the County's facilities, she has the funding to provide monies for that. One example is the pedestrian push button signals that have been installed at various corners in Hilo for an individual who uses a power chair that he powers with his breath. The individual has muscular dystrophy so can't use his upper body at all. The pedestrian push button is installed at a level where he can push it with his footrest. Also with that fund, a lot of lifts for pools were purchased where the lifts were deteriorating and weren't working anymore. V With employees, Dr. Spinola- Campbell gets involved under Title I with reasonable accommodations. She has been noticing lately that they are having employees who are developing significant disabilities either through aging or accidents when they're not at work where they may not be able to perform the essential duties of their job anymore so they get involved with reassignment, a job search, looking at what the employee can do and /or if the employee can perform the essential functions of their own jobs, and what are reasonable accommodations for the employee. Mr. Rowe asked whether reasonable accommodations are provided at the County beaches for people using wheelchairs who may request access to beach park such as Richardson's. Dr. Spinola- Campbell reported that they have purchased what's called mobi mats over which people in wheelchairs can travel over. She has also purchased four beach wheelchairs for Parks and Recreation. However, the problem they have encountered is the staffing of people to place and remove the mobi mats each day. So they had an initiative this summer at Richardson's where the Parks and Recreation's ADA specialist, Alyssa, partnered with a nonprofit organization who puts down mobi mat every Thursday at Richardson's with the beach wheelchairs. It will be easier once the ADA improvements to Richardson's are done. They are still in the design phase and working on issues regarding graves that are there at that site. They also surf days one day a month for beach access at Kahalu`u Beach Park in Kona. Chair Robinson noted that when the Act was first passed, there hadn't been any clear guidelines established for an architect to follow. Chair Robinson asked whether any design guidelines have been written since that time with clear standards. Dr. Spinola- Campbell explained that in 1991, they had the ADAAG, which is the ADA accessibility guidelines under Title III, that they construct according to; but now in July ADA just came out with 2010 ADA standards for accessible design, and DCAB, the state agency that reviews construction drawings, started reviewing to the 2010 standards in January. Dr. Spinola- Campbell believes they are better and easier to follow and are also more comprehensive. They looked at what didn't work with the ADA for the past 20 years and maybe different things they were silent on before and put them in the new standards. They also developed standards for swimming pools, golf courses, tennis courts, shooting 3 ranges, housing. Anything constructed or built after March 15, 2012 must comply with the new standards. Vice Chair Yoshiyama asked about the relationship between herself and the other County departments. Dr. Spinola- Campbell responded that when she first started it was a little rocky, as when she first started working here, she thought if they weren't in compliance, it was all on her. However, through the years, they've worked together. The departments have their people that are responsible for overseeing the design and the measurement, and she works with them if she sees something that is not correct. Sometimes the departments ask for her assistance in researching something, and she has contacts she can go to for information. A lot of times the public might come to her first to file a complaint and then she informs the department. She tries to work with them to come up with a solution. She can make recommendations; she can't make them do anything. They know she's here if they need something, and she has funding to help them purchase things, so it's pretty good. Dr. Spinola- Campbell further explained that there is an engineer in Public Works that is involved with contracts, and if it has anything to do with the County, the drawings have to be reviewed by DCAB, the state agency, under Hawaii Revised Statutes 103 -50. 2) Collective bargaining update. The State Office of Collective Bargaining asked the County of Hawaii for assistance in handling the Fire Fighters negotiations. Mr. Takahashi has agreed, with the Mayor's concurrence, to be the spokesperson for the employers in the Hawaii Fire Fighters Association negotiations. Vice Chair Yoshiyama asked about the proposal for the creation of a 14th bargaining unit and where the County of Hawaii stands on that. Mr. Takahashi stated that a 14th bargaining unit may be created for first responder emergency personnel, beach lifeguards, and water safety officers. They don't believe that they belong in a professional HGEA bargaining unit, and Mr. Takahashi agrees with that. They're asking for representation as a separate unit. Mr. Takahashi believes the deputy sheriffs and DLNR enforcement employees would be included as well. V 3) Other items of current interest. On behalf of the County, it was Mr. Takahashi's pleasure to present a certificate of appreciation to Rick Robinson for his valuable service to the County. The certificate was signed by Mayor Billy Kenoi. NEXT MEETING DATE Chair Robinson noted that the next meeting would be on March 15, 2011, if needed. The Board recessed at 10:35 a.m. 5 Hilo, Hawaii Tuesday, February 15, 2011 HEARING (CONTINUED FROM JANUARY 18, 2011) - 10:30 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. Velma Y. Menezes, Secretary- Reporter Others Present: Mr. Terence S. Ignacio, Appellant Mr. Robert J. Crudele, Attorney for Appellant Ms. Diane Noda, Deputy Corporation Counsel The following witnesses testified: Mr. Terence S. Ignacio, Appellant Mr. Harry Kubojiri, Police Chief The following exhibits were entered into the record: Appellant's Exhibit 46 - Stipulation re Officer Chester Franco Appellant's Exhibit 47 - Stipulation re Det. Wendell Carter County's Exhibit A - Portion of Internal Affairs report County's Exhibit B - Internal Affairs report by Det. Alan Kimura Chair Robinson called the hearing to order at 10:40 a.m. r. Chair Robinson noted that the hearing remains closed, as previously requested by the Appellant. The Board convened into an executive session at 3:05 p.m. and reconvened into an open session at 3:45 p.m. MOTION: Mr. Yoshiyama moved that the appeal be denied. The motion was seconded by Mr. Rowe. Discussion: Vice Chair Yoshiyama noted that they do believe there were any violation of statutes, rules and regulations on the part of the employer. The motion was voted on and unanimously carried. Mr. White noted that he will draft the findings of fact and conclusions of law, which will be submitted to the Board members to review. After it's signed, Mr. Crudele will receive a copy of it; and that will start the appeal period running with any possible Chapter 91 appeal. The hearing adjourned at 3:47 p.m. APPROVED: G. Rick Robinson Chair Respectfully submitted, Ronald K. Takahashi Secretary vym