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Home My WebLink About2013-08-28 Minutes Salary Commission Salary Commission County Council Room Hawai`i County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawai`i August 28, 2013 CALL TO ORDER The regular meeting of the Salary Commission, County of Hawai`i, was called (Item 1): to order at 10:00 a.m. by Chairperson Karolyn P. Lundkvist on Wednesday, August 28, 2013, at the County Council Room, Hawai`i County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawai`i. ROLL CALL Present: Ms. Karolyn P. Lundkvist, Chair Ms. Pudding Lassiter, Vice-Chair Mr. Brian De Lima, Member Mr. George J. Handgis, Member(via videoconference-Kona) Ms. Marcella Stroh, Member Mr. Michael B. Sumja, Member Absent: Ms. Gloria K. Wong, Member Also Present: Mr. Ronald K. Takahashi, Director, HR Department Ms. Sharon Toriano, Deputy Director, HR Department (via videoconference-Kona) Ms. Molly Stebbins, Deputy Corporation Counsel, Ofc. of the Corp. Counsel Ms. Joney Nitahara, HR Manager II, HR Department Ms. Jennifer Sakamoto, HR Program Specialist, HR Department Ms. Jamie Martines, HR Assistant, HR Department Ms. Glynis Yamada, Secretary-Reporter, HR Department STATEMENTS The Chair directed the Commission to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC (Item 2): MARGARET The Chair called on Ms. Margaret Wille, who made the following statement: WILLE: Ms. Wille stated that she serves on the Council and represents District 9. She said that the council members hold elected positions and are considered part-time, but most of them spend more than 50 percent of their time in the performance their jobs. She commented that these positions should be considered as three-quarter positions, and that there are other staff positions that are paid close to double of the council members' salaries. Salary Commission August 28,2013 She asked the Commission to please take a look at the balance and what their expectations are concerning the Council, Clerk, and Deputy Clerk positions, as well as the various staff positions. Historically, the clerk and deputy clerk positions have been held by attorneys, so it's been"built into"these positions. She also wondered how the Commission took into account the qualifications and expectations in the hiring to fill positions, such as the deputy positions in the various County departments. Mr. De Lima stated that, previously, the council members' salaries were different because they were based on step movements. The Salary Commission changed it to pay all council members the same because they all are elected for a two-year term, and they represent approximately the same number of voters. It didn't seem fair that because one council member served more terms that they should make more money than any other council member and, therefore, the Salary Commission equalized their salaries. They based their salaries on the third term salary that was previously provided (and not the top or bottom salaries). Mr. De Lima hears what she is saying in terms of the expectation that the council position is not a full-time position because, in reality, many serve in a full-time capacity. Mr. De Lima commented to Ms. Wille that maybe she should consider what would be a fair and comparable salary for a council member who devotes more than a part- time aspect; however, they would need to be treated the same. Also, to give some thought about suggesting, in consultation with the other council members,to introduce some sort of legislation or communication to the Salary Commission to provide some guidance for them to consider. Mr. De Lima stated that it's within the council member's purview in determining what the staff gets paid. She agreed with Mr. De Lima that council members are all elected and expects the same salaries regardless of first or fourth terms. PHILIP MILLETT: The Chair called on Mr. Philip Millett, who made the following statement: Mr. Millett stated that he's a retired deputy district attorney from Los Angeles County and also served as a court commissioner, and had submitted written testimony(SEE ATT. A). He commented that he didn't understand why the County's Corporation Counsel wasn't paid the same as the Prosecuting Attorney. They're both government lawyers with different duties—one is a chief civil lawyer and the other is a chief criminal lawyer. He doesn't see how we can make a distinction where one is more valuable than the other. The Corporation Counsel is responsible for avoiding Page 2 Salary Commission August 28,2013 liability for the County, so they're an extremely valuable member of the County team. Although he's a former prosecutor, the Corporation Counsel is more valuable than the Prosecutor as far as the impact on the citizens of this island. He said that it's been his experience that both positions make the same salaries in all the other counties he's been to. So, this is a surprise to him and he doesn't really understand it. People say the reason is because the Prosecutor has to run for re- election, but it seems like a distinction without much of a difference, and he isn't sure what the point is because they're out campaigning and they're not doing their job—so, is that a plus or minus? CHARLENE T. The Chair called on Ms. Charlene T. Iboshi, who made the following statement: IBOSHI: Ms. Iboshi stated that she's a happily retired prosecutor, and had submitted written testimony(SEE. ATT. B). There are attachments to her letter that has the other counties pay rate, what they're being paid, and recommendations. She thanked the Commissioners for the work they're doing to ensure, at least, that the deputy salaries did not go down with the newly elected prosecutor. Today, she's here to ask the Commission to consider giving the deputies an increase considering the length of time that they have been working very hard, many who have been working without a pay increase and had taken a furlough cut for years. As the economy improves, we need to encourage the experienced and seasoned deputies to stay with the County by giving them incentives. She asked the Commissioners to consider incremental increases because it would be helpful to know ahead of time for budgeting and planning purposes, and to know the type of increase whether one,two, or three percent. The appointing authority would have the full reign in terms of what each individual deputy makes. She commented that the Prosecuting Attorney and Corporation Counsel's offices are special because they need to be licensed attorneys, and require that they have at least three years of post-graduate work and a State license. She thinks that both the Prosecuting Attorney and the Corporation Counsel should be paid what the Salary Commission is recommending, but feels that there should be some recognition for the prosecuting attorney. Their scope of work is such that the responsibility weighs heavily and that's why the prosecutor is an elected official. They have three offices that they run and the staffing is greater than the Corporation Counsel. They presently have about 36 employees. They should be paid a little more based on the fact that they run the biggest law office in this County. Page 3 Salary Commission August 28,2013 She further commented that you really need to retain the attorneys who are the most seasoned and most valued. They should know that it's predictable that they can have a certain kind of salary increase. APPROVAL OF The Chair directed the Commission to proceed to the next order of business, MINUTES Approval of Minutes of April 25, 2013. (Item 3): Motion to Approve: Mr. De Lima moved that the minutes of April 25, 2013, be approved. The motion was seconded by Ms. Stroh. The roll call vote to approve the Minutes of April 25, 2013, was as follows: AYES: Commission Members De Lima, Handgis, Lassiter, Stroh, Sumja, and Chair Lundkvist–6. NOES: None. ABSENT: Commission Member Wong - 1. EXCUSED: None. UNFINISHED The Chair directed the Commission to proceed to the next order of business, BUSINESS Unfinished Business. (Item 4): REVIEW OF EXISTING PAY PLAN TO INCLUDE RESTRUCTURING OF CURRENT SALARIES OF EXECUTIVES AND ELECTED OFFICIALS AND ADJUSTING SALARIES ACCORDINGLY; RECEIVE THE SUBCOMMITTEE'S (PERMITTED INTERACTION GROUP'S) REPORT AND RECOMMENDATIONS Chair Lundkvist informed the Commissioners that they will be receiving the Subcommittee's Report today; however, they will not be making any decision on it today. At this time, Ms. Lassiter proceeded to present the Subcommittee's Report and its recommendations to the Commission regarding the above. The Subcommittee is comprised of Commission Members Lassiter, Sumja, and Stroh. Please note that the following report is verbatim in order to provide a more accurate reflection of what was conveyed by Ms. Lassiter: MS. LASSITER: Well, let me give you a little insight on—working with people—sometimes working with people can be difficult, but I want to tell Page 4 Salary Commission August 28, 2013 you this—it's a great experience working with the people on the Subcommittee. And, basically, if I wanted to give everybody a raise, this would have been your chance, but—sorry, I couldn't do that for anybody and neither could anyone of us. And, as far as finding the money out there, it's going to be out there. You watch. Somebody's going to pop up with—there's some extra money to pay these people—and it'll happen. So, basically, for the benefit of my fellow Commissioners—as well as you in the public—I'd like to provide a little context for the recommendations that we all made. Back in February, we started an investigation subcommittee consisting of Commissioners Sumj a—to my left—and Commissioner Stroh—to my right. And the task was reviewing the current salaries of the executives and elected officials, and making recommendations for adjustments. And, we worked really hard at that. And, remember now, we are just a volunteer team that comes on board and looks at figure after figure—and we really don't know anybody and, personally, it was easy to work with because we didn't know who the people were. Well, some of us did—but we didn't, definitely, know who was getting what—where, until we worked at this. And at the March Salary Commission,the Subcommittee made recommendations for salary increases all across-the-board. These recommended increases would have amounted to a total of$224,000. Then, in April, after some discussion amongst the Commissioners and after receiving input from the public as well as from the Administration,the Commission decided it would be premature to take action on the proposed increases at this time. And the Subcommittee was tasked with revisiting and possibly readjusting the previous developed recommendations. Following that meeting in April, the Subcommittee did meet and we put together the recommended salary adjustments that are being presented to you today. You can see that we have narrowed the recommended increases to apply to just 13 positions at a total amount of$149,000 as compared to the previous $224,000. A significant consideration in targeting these particular positions for salary increases was to address the problem of salary inversion or a subordinate making more than the department heads and deputies. And you can see on the table we put together—there's a column that indicates a highest subordinate salary. You all have a copy of that(SEE ATT. C). You must be very busy reading. Page 5 Salary Commission August 28, 2013 The Subcommittee understands the current budgetary challenges and we did consider these challenges in developing our recommendations. However, although it may never be a good time to give raises, as a Commission, we are asking—compensating all County-elected officials and appointed directors and deputy directors, so that their salaries have a reasonable relationship for compensation in the public and the private sector. With that in mind,to arrive at the recommendation before you, we considered the responsibilities of each of these positions. We compared with the salaries of similar positions in the other counties and, as previously mentioned,we considered the pay disparity with subordinates and attempted to establish international equity. We believe these recommendations increased—recommendations that have been increased are timely and fair. As a final note, although the Subcommittee is not recommending increases for all positions, we do believe this should be revisited, perhaps, next calendar year. And,therefore, that's where we ended. Ms. Stebbins informed the Commissioners that this meeting is just an opportunity for the Subcommittee to present their recommendations that were developed, and that discussion and deliberation on these recommendations would occur at the next Salary Commission meeting. Chair Lundkvist thanked the Members of the Subcommittee, and that discussion on their report will occur at their next meeting. Mr. Sumja asked that since the salary increases would take place after the period of time that they wanted to make it effective, whether it could be made retroactive. Ms. Stebbins replied that it's probably possible, but the effective date could also change to some date subsequent to the next meeting that the Salary Commission may have. The fiscal people would be able to more appropriately answer that question. During the discussion concerning the scheduling of the next Salary Commission meeting, Ms. Lassiter stated that there are two proposed nominees who are being recommended for the Salary Commission. Ms. Stebbins stated that one of the new members has already been through the Committee or possibly already confirmed, and that the Salary Commission should have a new member shortly. SCHEDULE NEXT The Chair directed the Commission to proceed to the next order of business, MEETING DATE Schedule Next Meeting Date. (Item 5): Page 6 Salary Commission August 28,2013 The Salary Commission will convene on Wednesday, October 30, 2013, 10:00 a.m. at the County Council Room. ADJOURNMENT There being no other business, at 10:40 a.m., Chair Lundkvist declared the meetinl (Item 6): adjourned. Respectfully submitted, )14M•d. q(A4/t‘lb-' Glynis Yamada Secretary-Reporter APPROVED: LRLUSt Chair Page 7 PUBLIC STATEMENT REGISTRATION FORM SALARY COMMISSION COUNTY OF HAWAII HILO, HAWAII Date: CSf L4i 5 (Please print clearly) Support Oppose Comment Please list the item(s)you will be speaking on: Communication No. OR Subject/Topic: 7 /7----/ -1 to . --- Name: ,/ 4/( , i J /: M4 ler/LI- Lod l2, Representing: .1 jib, Mr (Please in.— i� rether Self or Organization) (..!) \ ***For official use only: Speaker d. PUBLIC STATEMENT REGISTRATION FORM SALARY COMMISSION COUNTY OF HAWAII HILO,HAWAII Date: 9/2603 (Please print clearly) "Support Oppose Comment Please list the item(s) you will be speaking on: Communication No. S OR Subject/Topic: 7 l 0-ZOt e-0-1/ da...4.44,44. Name: Pg IL.)f &C.(....er 11 Representing: _c"¢ll/ (Please indicate whether Self or Organization) ***For official use only: Speaker No. (-4 PUBLIC STATEMENT REGISTRATION FORM SALARY COMMISSION COUNTY OF HAWAII 1 O HILO, HAWAII Date: `x (Please print clearly) Support Oppose Comment Please list the item(s)you will be speaking on: Communication No. OR Subject/Topic: ` (°( 4-1(4rA/4/(Y — Q/r7e;" l>e7f 6/164.7Z- or r Name: Cl/LittAX Representing: (Pl ease indicate whether Self or Organization) ***For official use only: Speaker No. HUMAN RESOURCES Philip Millett 1608 Kilikina Street 2013 10. 30 All 9: 21 Hilo, HI 96720 July 29, 2013 Chairperson Karolyn P. Lundkvist and Members Salary Commission, Hawaii County Aupuni Center 101 Pauahi, Suite 2 Hilo, Hawaii 96720 Dear Chairperson Lundkvist and Members: RE: Executive Salary for Corporation Counsel and Assistant Corporation Counsel--Recommendation to Increase Salary to have parity with other Counties and at the same levels as the Prosecuting Attorney and the First Deputy Prosecuting Attorney I appreciate the work of this Salary Commission("Commission") in its initial recommended salaries for County of Hawai`i ("County") Executives and Elected Officials, including increases to the Corporation Counsel and Assistant Corporation Counsel, dated March 27, 2013. I support, however, salary increases for the Corporation Counsel to at least$114,848, and the Assistant Corporation Counsel to at least$105,660 based on the comparable salaries from the other counties, and the great responsibility of the top civil attorney of this County in protecting the interests of the County, as a whole, and all of its officials and employees.1 Pursuant to Section 6-5.3, Hawai`i County Charter(2010) ("Charter"), the duties and responsibilities of the Corporation Counsel are as follows: The corporation counsel shall be the chief legal advisor and legal representative of all County agencies, the council and all officers and employees in matters related to their official powers and duties. The corporation counsel shall represent the county in all civil legal proceedings and shall perform all other services incident to the office as may be required by law. The Corporation Counsel represents the Mayor, Council, 21 departments and agencies, 41 boards, commissions and committees, and over 2,000 employees "in matters related to their official powers and duties." 'At the March 5,2012 Commission meeting,Member Brian De Lima made a motion to increase the Corporation Counsel's salary to$113,580,which would be at the same level as the Prosecuting Attorney. See March 5,2012 Minutes of the Commission Meeting,at page 2. His reason for increasing the Corporation Counsel's was that the Corporation Counsel is the top civil lawyer in the County,and the Prosecutor is the top prosecutor in the County. Id.,at page 3. The motion died for a lack of second. Id.,at page 5. ATT. A Because of the incredible amount of legal services that the Corporation Counsel is committed, dedicated and determined to provide to protect the interests of the County, and for the reasons stated below, the Corporation Counsel and his Assistant Corporation Counsel's salaries should be increased to the comparable levels of the other counties, where two of the Counties pay their top civil attorneys and first deputies the same salaries as that of their top prosecutors and first deputy prosecuting attorneys. I. BACKGROUND INFORMATION2 A. Legal Experience. In 1969, I graduated from Pepperdine Law School in California. After passing the California Bar Exam, I was employed as a prosecutor for the District Attorney's Office in Los Angeles, California, from April 1970 until retiring in March of 1992. Please note that when I retired in 1992, I received a salary that was more than the current salary of the County's Corporation Counsel. From 1994 to 1996, I served as a Commissioner in Los Angeles. As a Commissioner, I presided over Civil (under$25,000) and Criminal (misdemeanors)jury trials. I also heard and decided civil motions, handled small claims and traffic cases, and did criminal arraignments and presided over preliminary hearings. B. Documents and Materials Reviewed.3 I reviewed the following documents and materials: • Section 6-5.3, Charter. • Section 13-28(d), County Code ("Code"). • "Your County Government"Pamphlet (Office of the County Clerk) (Updated December 2012). • Salary Commission's Minutes for March 5, 2012, April 30, 2012 and March 27, 2013. • June 6, 2013 letter, with Attachment"1,"to the Commission from Retired Prosecuting Attorney Charlene Iboshi. • Hawai`i Tribune Herald front page newspaper article "Officers' pay hikes may cost isle $3M,"Friday, July 12, 2013. • Hawai`i Free Press article "UPW 17%Raise, HSTA 15%, HGEA 8%," Sunday, April 21, 2013. • Honolulu Civil Beat article"Arbitration Awards State Nurses 8%Raise,"posted Tuesday, April 2, 2013. 2 I moved to Hilo in 1998. 3 I also reviewed other materials,such as other newspaper articles that reported specific lawsuits or other matters being handled by Corporation Counsel's Office. 2 • Budget presentation to the County Council, Thursday, April 11, 2013. II. COMPARABLE SALARIES In accordance with Section 13-28(d), Code, it states: The commission shall review and compensate all county elected officials and appointed directors and deputy directors so that their total salaries and benefits have a reasonable relationship to compensation in the public and private sectors. When the Commission met on March 5, 2012,the economic conditions and uncertainties created a communal sense that we must move cautiously, be patient and await additional information that could best support the final action of this Commission concerning salary increases. Former Chairperson George Handgis stated that"these were drastic times, calling for very bold measures by anybody that controls the taxpayers' purse strings."4 In regards to the Corporation Counsel, he inquired into the percentage of time the Corporation Counsel actually spends managing and administrating people as opposed to actually practicing the law; he further indicated that"his eyes go toward the number of employees, which is four times the number of employees managed for the Prosecuting Attorney, so he is inquiring into the administrative and human resource functions in those two jobs to determine whether they are similar or identical."5 Although the Commission had information that the Corporation Counsel's pay was significantly lower than salaries in other counties and also one of the lower salaries compared to other departments in the County,6 the Commission did not have all relevant information regarding the work of the Corporation Counsel and the economic outlook after 2012. A. Economic Outlook. The economy has improved since the "Great Recession"that began in 2007 and ending before 2013. In the early third of 2013, UPW and certain units of HGEA got negotiated pay increases of about 4% a year that were approved by the County Council. Soon thereafter, the County Council approved 4%pay raises for its support staff And at the second half of 2013, SHOPO (police)received an arbitrated award amounting to at least 16%pay increases over the next 4 years that have the support of the Mayors from Honolulu, Maui and this County. These negotiated pay increases and arbitrator award are evidence of the County's ability to pay salary increases. B. Work of the Corporation Counsel. At the April 30, 2012 Commission meeting, Senior Deputy Corporation Counsel Joseph K. Kamelamela testified in opposition to any pay decreases in salaries of appointed positions in a See March 5,2012 Minutes of the Commission Meeting,at page 8 5 Id., at page 3. 6 Id., at page 1. the County, as had been recommended by former Council Chair Dominic Yagong.7 He explained the responsibilities of the legal services provided by the Corporation Counsel that were based on the "fundamental pillars of preventive lawyering and protective lawyering."8 Protective lawyering is the commitment made by the Corporation Counsel and his entire staff, including the clericals, accountant,professionals and attorneys,to expend resources up front to recognize and avoid unreasonable risk, which results in the avoidance of greater loss. It also involves providing non-traditional legal services to the County's employees and officials to assist them in achieving their objectives in protecting the public's interests. Early intervention will identify legal challenges and opportunities. What are some of the non-traditional legal services being provided to over 2,000 County employees and for the benefit of this island community by the Corporation Counsel that should be recognized and supported? First, the Corporation Counsel's office had provided training in a wide range of legal disciplines to the County's officials and employees. It has done so for over twelve (12) years. No other state or county legal department has provided such training for its officials and employees during the past twelve (12) years; neither has a private law firm conducted such a wide range of legal disciplines to its clients. From 2003-2009, the Corporation Counsel's office, planned, organized and provided training to County employees and officials,plus other county government attorneys and their employees and officials, at the Annual Statewide Municipal Attorneys Conference. When the effects of the"Great Recession"caused a stop to those conferences, in fiscal year 2010-2011, the Corporation Counsel's office offered and conducted 23 different classes to train 964 County employees; and in fiscal year 2011-2012, 20 different classes were offered and conducted to train 831 County employees. Second,the Corporation Counsel's offered pioneered and led this County in document imaging and management to scan, store and retrieve documents more efficiently and effectively. Third, for this island community, the Corporation Counsel's office is a leader in the State of Hawai`i ("State") among government attorneys' offices actively providing pro bono legal services to the poor. This fulfills one of the professional responsibilities that all practicing attorneys in this State must comply with under the rules of the Hawai`i Supreme Court. And fourth, each of the Corporation Council office's core group of attorneys has over eleven(11) years of legal experience. With such legal experience, the attorneys at the Corporation Council office have assisted in the various transitions in County administration and policy-making after each Mayoral and County Council elections. As a result of providing both traditional and non-traditional legal services, the Corporation Counsel's office has protected the County's interests in at least three (3) matters in fiscal year 2011-2012. First,the Corporation Counsel's office received 3,147 requests for legal assistance, ranging from document and contract drafting and review to issuing legal opinions. See April 30,2012 Minutes of the Commission Meeting,at page 1. 8 Id.,at page 1. 4 Second,the County had its lowest payout of$390,000 to settle major lawsuits where the County had liability. And the ability to handle more complicated and complex cases resulted in a favorable settlement of the County's lawsuit against a Bond Company and Developer, where the County received$12.5 million from the Bond Company, and $20 million mortgages on 80 collateralized real properties. III. SUMMARY The Corporation Counsel is the top civil attorney for the County. He, and his assistant, should receive salary increases that are comparable to those provided in other counties; that is, salary increases for the Corporation Counsel to at least$114,848, and the Assistant Corporation Counsel to at least$105,660. Thank you for your consideration. Res,: lly, Philip /lett Retiree I istrict Attorney and Commissioner cc: Lincoln Ashida, Corporation Counsel June 6, 2013 iiia .,. -SJ i IU Li Salary Commission, Hawaii County Aupuni Center 101 Pauahi, Suite 2 Hilo, Hawaii 96720 Dear Chairperson Lundkvist and Commissioners: RE: Executive Salary for Prosecuting Attorney and Deputies--Recpmmendation to have parity with other Counties and a plan for predictable deputy raises for recruitment and retention Thank you for the Commission's work of proposing the initial increases for the Executives, including Dale Ross, First Deputy Prosecuting Attorney. Now, the harder work of developing a structure for future salaries of executives, the elected Prosecutor and deputies within the Prosecuting Attorney's Office and the Department of the Corporation Counsel continues. The restructuring should be thoughtful, sustainable and predictable. The Office of the Prosecuting Attorney of Hawaii County and the Corporation Counsel's Department have recruited and retained the best attorneys for their important work. The economic forecast should be considered, but not the only factor. The tough economic times are easing, so now is the time to consider how to develop parity with other counties'prosecuting attorneys'and corporation counsels' salary schedules. Why? Both Offices have attorneys who are appointed professionals who are not covered by any collective bargaining status. These attorneys acquire an advanced juris doctorate degree requiring three (3) years of post-graduate college education and state licensure after passing a tough bar examination. Unlike most other county executives, the professional status cannot satisfied by work experience only. The Prosecuting Attorney has the additional requirement of being a county-wide, "elected official." Hawaii County is the fastest growing county, challenged by economic and social stresses not felt by other counties---because of our sheer size. The Hawaii County Prosecutor has three offices island-wide, while every other county has one office location. This Hawaii County Prosecuting Attorney runs the largest legal office on this island. Throughout the past two decades, the Office has doubled in size. Moreover, the Prosecuting Attorney recruited and retained deputies with outstanding legal skills, especially litigation expertise second-to none in the state. The National Prosecuting Attorneys'Association has long-recognized that the success of a Prosecutor requires the stability of a core staff of deputy prosecuting attorneys who are career deputies. Retention of these career deputies requires adequate compensation ATT. B for work performed and a sensible relationship with other salaries of county deputies throughout the state doing similar work. Letter-- Salary Commission, page 2 I am providing a compilation of current information about other Prosecuting Attorneys and Corporation Counsels and their deputy salaries that other counties have adopted. Attachment "1" is a summary sheet and the Exhibits are the supporting documentation. The Maui and Honolulu Salary Commission's recommendations were adopted after your last March 27th meeting. Interestingly, Kauai, which has one half our population, is one third the size Hawaii County, and has one third the staff of our Prosecutor, yet Kauai approved in 2009 the Kauai Prosecutor's salary ($114,848) to one higher than our elected prosecutor's current salary ($113,580). Contrast also the deputy salaries across counties; Hawaii County still has the lowest and has had the lowest allowed deputy salary since the economic downturn. Moreover, only Hawaii County's deputies were required to take furlough pay reduction these past couple of years. These drastic "belt tightening" measures were done because of the economic realities for our county. The workload is high. Exhibit"F." The Salary Commission can and should develop a sensible deputy pay increase plan that would encourage the mid-level deputies (10 -15 years) and higher to stay with the Prosecuting Attorney's and Corporation Counsel's Offices. At this experience level, the deputies are well-seasoned, need very little supervision, can handle a much heavier case-load and challenging cases.They have shown leadership, and have demonstrated that long-hours, hard-work and commitment to public service are integrated into their professional, work-ethic. The more experienced deputies continue to work on system improvements and community-problem solving to prevent crime. Consistent, incremental merit pay increases are symbols of a job well-done as a tangible acknowledgement, not to mention increasing the chances that the deputies will stay with public service. Having the lowest pay rate for deputy attorneys makes recruitment and retention of high-quality attorneys more difficult. Thank you for considering my recommendation. Trul , Charlene lboshi i(C- 9/7/1 Retired, Prosecuting Attorney cc: Attachment Jay Kimura, retired Prosecuting Attorney Mitch Roth, Prosecuting Attorney PROSECUTING ATTORNEY AND CORPORATION COUNSEL SALARIES: COMPARISION WITH OTHER JURISDISCTION HAWAII COUNTY' MAUI COUNTY2 KAUI COUNTY3 CITY AND COUNTY OF HONOLULU4 CURRENT PROPOSED CURRENT PAY 7/1/13 CURRENT PAY 7/1/13 PROPOSED %INCREASE PROSECUTING 113,5805 NO CHANGE6 110,486 127,059 114,848 NO CHANGE 134,496 4.008909 ATTORNEY(PA) FIRST DEPUTY 99,0007 107,901 104,900 114,353 105,660 NO CHANGE 127,872 3.997332 PROSECUTING ATTORNEY DEPUTY UP TO NO KNOWN UP TO SALARY UP TO NO CHANGE UP TO 3.997601 PROSECUTING 99,240 CHANGES 104,900 INCREASE 101,066 124,872 ATTORNEY PLAN TO BE SUBMITTED FOR APPROVAL CORPORATION 99,0009 105,288 110,486 127,059 107,335 114,848 126,768 3.998556 COUNSEL(CC) ASSISTANT 94,28410 102,219 104,900 114,353 98,748 105,660 120,312 4.006847 CORPORATION COUNSEL DEPUTY UP TO NO KNOWN UP TO SALARY UP TO UP TO UP TO 4.008421 CORPORATION 99,240 CHANGE 104,900 INCREASE 94,748 101,066 126,768 COUNSEL PLAN TO BE SUBMITTED FOR APPROVAL 1 Exhibit"A,"Hawai'i County Salary Commission Sub-Committee Proposal,Effective July 1,2013. 2 Exhibit"B,"Maui County Executive Pay Rates,Different Position Names;Exhibit"C,"Maui County Code,Section 2.44.015- Salaries of deputies corporation counsel and deputies prosecuting attorney. 3 Exhibit"D,"Kauai 2012 Salary Resolution,Different Position Names. °Exhibit"E,"Honolulu's 2013 Salary Resolution. 5 Elected Prosecuting Attorney Mitch Roth has approximately 20 years of prosecutorial experience,with approximately 5 years at the Honolulu Officer of the Prosecuting Attorney with the rest working for the Hawai'i County's Office of the Prosecuting Attorney. 6 Exhibit"F,"Comparative Stats of the Prosecuting Attorneys within the State of Hawai'i. First Deputy Prosecuting Attorney Dale Ross has been with the Hawai'i County Office of the Prosecuting Attorney for approximately 28 years. 8 Hawai'i County Code,Section 2-144,Salary schedule,provides that"[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." For example,90%of 113,580 is$102,222.00,which is the most any current deputy could earn. 9 Corporation Counsel Lincoln Ashida has been a practicing attorney for at least 26 years,with at least 12 years as the Corporation Counsel and about 14 years as a Deputy Prosecuting Attorney with the Hawaii County Office of the Prosecuting Attorney. 10Assistant Corporation Counsel Katherine Garson has been with the Office of the Corporation Counsel for over 11 years and previously she was in private practice. ATTACHMENT"1" RECOMMENDED SALARIES FOR COUNTY OF HAWAII EXECUTIVES AND ELECTED OFFICIALS EFFECTIVE 07-01-2013 07/01/13HIGHEST Dept's CURRENT COST %ADJUSTMENT BASED JOB TITLE PROPOSED SUBORDINATE RATIONALE Position SALARY DIFFERENCE ON SALARY SALARY Count SUB SALARY OTHER MAYOR 109,152 131,154 22,002 127,335 3% based on subordinate relationship 24 MANAGING DIRECTOR _ 103,944 124,596 20,652 95% i�.V95%of Mayor DEPUTY MANAGING DIRECTOR 99,000 118,149 19,149 95% ;'95%of MD PROSECUTING ATTORNEY - '_ ..• 99,240 109 95%of PA 0 based on subordinate relationship FIRST DEPUTY PROSECUTING ATTY 99,000 107,901 8,901 ,,,, FIRE CHIEF 114,768 •.1,4 768 100,044 + 513 DEPUTY FIRE CHIEF 109,296 % 296 CHIEF OF POLICE 114,768 127,335 12,587 123.624 3% r based on subordinate relationship 720 DEPUTY CHIEF OF POLICE 109296 124,098 14,802 97%of Chi +based on subordinate relationship CORPORATION COUNSEL 99,000 105,288 6288 99,240 6% !.: based on subordinate relationship 31 ASSISTANT CORPORATION COUNSEL 94,284 102,219 7,935 3% ,-: based on subordinate relationship DIRECTOR OF HUMAN RESOURCES 99,000 101,970 2,970 87,984 C X 3%:,,,comparison with other jurisdictions 48 DEPUTY DIR OF HUMAN RESOURCES 94,284 97,113 2,829 C X 3% "' DIRECTOR OF ENVIRONMENTAL MGT 99,000 110,244 11,244 103,032 7% r' based on subordinate relationship 197 DEP DIR OF ENVIRONMENTAL MGMT 94,284 104,502 10,218 95%'K 95%of DH FINANCE DIRECTOR 99,000 110,244 11,244 103,032 7% v based on subordinate relationship 139 DEPUTY DIRECTOR OF FINANCE 94,284 104,502 10,218 - 95% 95%of DH HOUSING ADMINISTRATOR 99,000 101,970 2,970 70,008C X 3%' comparison with other jurisdictions , 49 PLANNING DIRECTOR 99,000 101,970 2,970 85,344 C X 3%;;f,comparison with other jurisdictions 52 DEPUTY PLANNING DIRECTOR 94,284 97,113 2,829 C X 3% DIRECTOR OF PUBLIC WORKS 99,000 110,001 11,001 102,804 7% .4 based on subordinate relationship_ 433 DEP DIRECTOR OF PUBLIC WORKS 94,284 104,502 10,218 95% 95%of DH PARKS AND RECREATION DIRECTOR , 94,284 101,970 7,686 76,956 C X 8.1%;:,comparison with other jurisdictions 459 DEPUTY PARKS&RECREATION DIR 89,796 97,113 7,317 C X 8.1% DIRECTOR OF INFORMATION TECH 94,284 99,000 4,716 70,224 C X 5% comparison with other jurisdictions 18 03/27/13 EXHIBIT +`in RECOMMENDED SALARIES FOR COUNTY OF HAWAII EXECUTIVES AND ELECTED OFFICIALS EFFECTIVE 07-01-2013 DIRECTOR OF LIQUOR CONTROL 94284 99,000 4,716 74,340 C X 5% comparison with other jurisdictions 18 Y DIRECTOR OF RESEARCH AND DEV 94,284 99,000 4,716 60,024 C X 5% .f...comparison with other jurisdictions 18 DEPUTY DIR OF RESEARCH AND DEV 89796 94,284 4,488 C X 5%-1' COUNTY CLERK 94,284 94,284 '' 64,920 71 DEPUTY COUNTY CLERK 89,796 89,796 LEGISLATIVE AUDITOR 94 4:- 94,264 64,872 5 COUNCIL CHAIR 52,000 9 COUNCIL MEMBER 48,000 48,000 --V NN CH%XNGE"T ,I C=CURRENT SALARY DH=DEPARTMENT HEAD PROPOSED CHIEF OF POLICE SALARY '51 03/27/13 ,,,.,,,,,,,,, , . _. Maui CountyExecutive Pay Rates ,.._ The mayor will receive a 19 percent pay hike on July 1 following measures approved by the Salary Commission on Friday. Department heads also received a 15 percent salary increase. Police,Fire and Liquor Control departments' salaries and the new county auditor's salary were not addressed in the measure. Position Current Pay Pay Effective July 1 Mayor $114,030 $135,696 Managing Director $109,900 $126,385 Deputy Managing Director $90,000 ($93,415)* $113,747 Prosecuting Attorney $110,486 $127,059 Prosecuting Attorney First Deputy $104,900 $114,353 Director of Public Works $108,100 $124,315 Deputy Public Works $102,400 $111 ,884 Director of Environmental Management $108,100 $124,315 Deputy Environmental Management $102,400 $111 ,884 Director of Water Supply $105,500 $121 ,325 Deputy Water Supply $98,600 $109,193 Director of Parks & Recreation $99,800 $114,770 Deputy Parks & Recreation $94,500 $103,293 Director of Planning $101 ,500 $116,725 Deputy of Planning $96,100 $105,053 Director of Transportation $93,400 $107,410 Deputy of Transportation $88,400 $96,669 Director of Housing & Human Concerns $99,200 $114,080 Deputy Housing & Human Concerns $93,900 $102,672 Director of Finance $101 ,800 $117,070 Deputy Finance $96,400 $105,363 Corporation Counsel $110,486 $127,059 First Deputy Corporation Counsel $104,900 $114,353 Director of Personnel Services $99,000 $113,850 Deputy Personnel Services $94,000 $102,465 *The deputy managing director's salary was increased at a Salary Commission meeting in January to $93,415 effective July 1. The increase was in relation to a title change for the po- sition. The deputy managing director's salary will now increase to $113,747 on July 1 with the measure passed Friday by the commission that calls for deputies to make 90 percent of what their department heads earn. FM-11BIT " ' 2.44.015 - Salaries of deputies corporation counsel and deputies prosecuting attorney." A. The corporation counsel and the prosecuting attorney shall have sole discretion to set the annual salary of each deputy in their respective departments within a range that is eighteen percent greater and twenty-five percent less than the allocated amount,provided that the annual salary of any deputy shall not exceed the salary of the corporation counsel or the prosecuting attorney, whichever is lower. The allocated amount for a deputy shall depend upon the number of full years that has elapsed since the deputy was admitted to the practice of law in any state or the District of Columbia, as of the beginning of the fiscal year, as follows: Effective July 1, 2008 Effective October 1, 2008 Years Allocated Years Allocated Amount Amount 0 $51,300 0 $53,352 1 57,216 1 59,064 2 63,132 2 64,776 3 69,060 3 70,488 4 74,976 4 76,200 5 80,892 5 81,924 6 86,808 6 87,636 7 92,736 7 93,348 8 98,652 8 99,060 9 104,568 9 104,772 B. The corporation counsel and the prosecuting attorney may appoint law school graduates as law clerks in their respective departments, when necessary to temporarily fill a vacant deputy's position. They shall have sole discretion to set the annual salary of each law clerk in their respective departments; provided,however,that the appointment shall not exceed the time necessary to obtain the results of two consecutive bar examinations. The salary of the law clerk shall not equal or exceed the lowest authorized salary for a deputy's position as indicated in the foregoing paragraph. C. Within nine months after the beginning of each term of the County council, or when the salary commission adjusts the salary of the corporation counsel or the prosecuting attorney,the corporation counsel and the prosecuting attorney shall transmit to the County council their recommendations regarding the salary plans for deputies in their respective departments. The corporation counsel and the prosecuting attorney may submit recommendations jointly or separately. (Ord. 3566§ 1, 2008; Ord. 3456 § 1, 2007; Ord. 3382 § 1, 2006; Ord. 3342 § 1, 2005; Ord. 3283 § 1, 2005; Ord. 3190§ 1, 2004: Ord. 2869 § 1, 2000: Ord. 2571 § 1, 1997: Ord. 2116 § 1, 1992: Ord. 2019 § 1, 1991: Ord. 1978 § 1, 1990: Ord. 1919 § 3, 1990) EXHIBIT '% C �� 1. 4011111W_ • Robert Crowell , •: � Members: Chair , . L -' Randy Finlay Trinette Kaui Charles King Michael Machado Vice-Chair Sheri Kunioka-Volz COUNTY OF KAUA'I SALARY COMMISSION 4444 Rice Street,Suite 150 Lihu'e, Hawai'i 96766 TO: Jay Furfaro, Chairperson and Members of the County Council Attention: Ricky Watanabe, County Clerk FROM: Robert Crowell, Chairperson Via: Paula Morikami, Administrator, Office of Boards and Commission Cc: Mayor Bernard P. Carvalho,Jr. Gary Heu, Managing Director Malcolm Fernandez, Personnel Director Wallace Rezentes,Jr., Finance Director Beth Tokioka, Communications Director Alfred Castillo, County Attorney Date: March 1, 2012 Subject: Resolution Amending Resolution No. 2011-1 Relating to the Salaries of Certain Officers and Employees of the County of Kauai. At its meeting on March 1, 2012,the Salary Commission voted to approve Resolution 2012-1 as amended by a vote of 6-0. Please see the attached amended Resolution which has been signed by the members of the Salary Commission. Pursuant to Section 29.03 Kaua`i County Charter, the Resolution shall take effect without the Mayor's and Council's concurrence sixty(60)days after its adoption unless rejected by a vote of not less than five(5)members of the Council. The council may reject either the entire resolution or any portion of it. If you have any questions,please call Paula Morikami at 241-4922. Thank you. An Equal Opportunity Employer EXHIB'T 'ID" SALARY COMMISSION COUNTY OF KAUA'I csNo. 2012-1 RESOLUTION AMENDING RESOLUTION NO. 2011-1 RELATING TO THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE COUNTY OF KAUAI WHEREAS, the Salary Commission finds that the County Council adopted and the Mayor approved Ordinance No. 907 that added the Boards and Commissions Administrator to the list of officers and employees included in Section 3-2.1 of the Kaua`i County Code, 1987, as amended; and WHEREAS, the Salary Commission was informed by the Mayor via a letter dated July 15, 2011 that the County of Kaua`i has agreed to a supplemental agreement with the Hawai`i Government Employees Association (HGEA), which calls for a zero percent (0%) increase for all of its HGEA employees and has not budgeted for any salary increases for County employees in fiscal year 2012; and WHEREAS, to remain consistent with the supplemental agreement and the 2012 budget, the Mayor has requested that the Salary Commission take measures to insure that the proposed increase for the Mayor be deferred until such time as economic and budgetary conditions improve; and WHEREAS, pursuant to Section 29.03 of the Kaua`i County Charter, the Salary Commission's findings shall be adopted by resolution by the Commission and the resolution shall take effect without the Mayor's and Council's concurrence sixty (60) days after its adoption unless rejected by a vote of not less than five(5) members of the council; now,therefore, BE IT RESOLVED BY THE SALARY COMMISSION, OF THE COUNTY OF KAUAI, STATE OF HAWAII, that the provisions related to the "Salaries of Certain Officers" of the County of Kauai,be established as follows: SECTION 1. Pursuant to Section 29.03 of the Charter of the County of Kaua`i, the Salary Commission hereby resolves to amend Resolution No. 2010-1 and propose the changes described in this resolution to the Kaua`i County Council as follows: Article 1 Salaries of Certain Administrative Officers and Employees. (a) Purpose. The purpose of this Article is to establish the salaries of certain administrative officers and employees in accordance with the principles of adequate 1 compensation for work performed, and preservation of a sensible relationship with the salaries of other county employees. (b) Effective as of the dates stated below and subject to the performance review requirements of subsection(d),the annual salaries, payable semi-monthly, of certain administrative officers and employees shall be as follows: Position Effective Dates 7/1/07 1/1/08 12/1/08 107/0 M 07/01/13 Mayor $100,100 $107,000 $114,490 $122,504 [Administrative Assistant] Managing Director $ 96,250 $102,988 $110,197 $117,911 County Engineer $ 93,750 $100,313 $107,335 $114,848 Deputy County Engineer $ 86,250 $ 92,288 $ 98,748 $105,660 Director of Finance $ 93,750 $100,313 $107,335 $114,848 Deputy Director of Finance $ 86,250 $ 92,288 $ 98,748 $105,660 County Attorney $93,750 $100,313 $107,335 $114,848 First Deputy County Attorney $ 86,250 $ 92,288 $ 98,748 $105,660 Deputy County Attorney Up to $82,500 Up to $88,275 Up to$94,454 Up to$101,066 Chief of Police $ 93,750 $100,313 $107,335 $114,848 Deputy Chief of Police $ 86,250 $ 92,288 $ 98,748 $105,660 Planning Director $ 93,750 $100,313 $107,335 $114,848 Deputy Planning Director $ 86,250 $ 92,288 $ 98,748 $105,660 Director of Personnel $ 90,000 $ 96,300 $103,041 $110,254 Manager and Chief Engineer, Department of Water $ 93,750 $100,313 $107,335 $114,848 Deputy Manager-Engineer, Department of Water $ 86,250 $ 92,288 $ 98,748 $105,660 Fire Chief $ 93,750 $100,313 $107,335 $114,848 Deputy Fire Chief $86,250 $ 92,288 $98,748 $105,660 Director of Economic Development $ 90,000 $ 96,300 $103,041 $110,254 Director of Liquor Control $ 90,000 $ 96,300 $103,041 $110,254 Director of Parks $ 93,750 $100,313 $107,335 $114,848 2 Deputy Director of Parks $ 86,250 $ 92,288 $ 98,748 $105,660 Director of Housing $ 90,000 $ 96,300 $103,041 $110,254 Boards and Commissions Administrator $103,041 $110,254 (c) Administrative officer and employee [et] salaries shall not exceed the maximum salary provided for in this Article at the time of employment. However,the respective appointing authority may set the salary of any new or existing non-elected appointee at a figure lower than the figure established for the position. (d) Requirements for salary increase. The salary increase for any non-elected officer or employee occupying and continuing in a position listed in this resolution is contingent on the Director of Personnel's receipt of the following: (1) A memo from the officer's or employee's appointing authority at least thirty(30)days prior to the increase certifying that appointee's performance has been evaluated pursuant to procedures established by the Director of Personnel; and (2) A copy of the officer's or employee's completed performance evaluation evidencing that the appointee has met or exceeded job requirements (for example, has achieved a rating of three points or higher in a five point scale) for the appraisal period. (3) Based on the evaluation results,the appointing authority's recommendation on whether a proposed increase should be granted. The appointing authority may recommend an increase for an officer or employee occupying a position at a figure below the proposed salary increase provided for in this resolution. Provided however,the county attorney's performance shall be conducted through an equally weighted evaluation that shall be jointly administered by the mayor and the council chairperson in accordance with paragraphs (1), (2) and(3)above. The Director of Personnel shall provide the Salary Commission with a list of the names and positions of all non-elected officers and employees covered under this resolution, indicate whether or not they have satisfactorily met the performance evaluation criteria, and include the recommended salary increase, if any. (e) Performance evaluations. The Director of Personnel shall prepare, for approval by the Mayor, written performance evaluation procedures and methodologies and coordinate the performance evaluations process for all non-elected officers or employees listed in this resolution. The Director of Personnel shall provide a copy of the performance evaluation procedures and methodologies, including any revisions thereto, to the Salary Commission. (f) Officers or employees listed in this resolution may receive a portion of their salary through the County's payment of health fund premium benefits over and above the amount the 3 County normally contributes toward those officers' benefits. Amounts paid by the County which are over and above the County's normal health fund premium contributions shall be deducted from the affected officer's or employee's salary. Article 2 Salaries of the Prosecuting Attorney and Deputies. (a) Effective as of the dates stated below and subject to the provisions and performance review requirements provided for in Article 1, subsection (d), (e) and (f) above, the annual salaries, payable semi-monthly, of the Prosecuting Attorney and Deputy Prosecuting Attorneys shall be as follows: Position 7/1/07 1/1/08 12/1/08 12/01/09 (12 o'clock meridian) Prosecuting Attorney $ 93,750 $100,313 $107,335 $114,848 First Deputy Prosecuting Attorney $ 86,250 $ 92,288 $ 98,748 $105,660 Deputy Prosecuting Attorney Up to$82,500 Up to$88,275 Up to$94,454 Up to$101,066 (b) The salaries of the Prosecuting Attorney and any Deputy Prosecuting Attorney shall not exceed the maximum salary provided for in this Article at the time of employment. However,the Prosecuting Attorney may set the salary of any new or existing deputy at a figure lower than the figure established for the position. Article 3 Salaries of the County Council and Council Appointees. (a) Effective at twelve o'clock meridian on December 1, 2008,the annual salaries, payable semi-monthly, of the Kaua`i County Council shall be as follows: Position Council Chair $59,699 Councilmember $53,066 (b) Effective on December 1, 2009, the annual salaries, payable semi-monthly, of the Kaua`i County Council shall be as follows: Position Council Chair $63,879 Councilmember $56,781 (c) Effective as of the dates stated below and subject to the provisions and performance review requirements provided for in Article 1, subsection (d), (e) and (f) above, the annual salaries, payable semi-monthly, of the County Clerk, Deputy County Clerk and County Auditor shall be as follows: 4 Position 7/1/07 1/1/08 12/1/08 12/01/09 (12 o'clock meridian) County Clerk $ 93,750 $100,313 $107,335 $114,848 Deputy County Clerk $ 86,250 $ 92,288 $98,748 $105,660 County Auditor $107,335 $114,848 (d) Salaries of the Council Chair, Councilmembers, and employees shall not exceed the maximum salary provided for in this Article at the time of employment. However,the respective appointing authority may set the salary of any new or existing non-elected appointee at a figure lower than the figure established for the position. SECTION 2. The Salary Commission finds that current salaries of the Prosecuting Attorney, First Deputy Prosecuting Attorney, Deputy Prosecuting Attorney, County Clerk, Deputy County Clerk, and County Auditor are higher than their administrative counterparts listed under Article 1 of this Resolution. Therefore,the maximum salaries of the Prosecuting Attorney, First Deputy Prosecuting Attorney, Deputy Prosecuting Attorney, County Clerk, Deputy County Clerk, and County Auditor set by the Salary Resolution that took effect on 12/01/09 shall remain frozen on 07/01/13 or until such time that the salary levels paid to comparable administrative officers and employees listed under Article 1 have caught up. SECTION 3. Material to be deleted is bracketed and lined out. New material to be added is underscored. In future reprints of this resolution, the bracketed material and underscoring may be deleted. BE IT FURTHER RESOLVED, if any portion or portions of this resolution are deemed invalid or rejected by a vote of five (5) or more councilmembers, the other provisions of this resolution shall not be affected thereby. If the application of this resolution or any of its provisions to any person or circumstances is held invalid, the application of this resolution and its provisions to other persons or circumstances shall not be affected thereby. BE IT FINALLY RESOLVED, the County Clerk shall transmit to the Salary Commission, Mayor, Finance Director and Personnel Director a final approved copy of the resolution and note any amendments thereto within thirty (30) day after the effective date of this resolution. Adopted b the Salary Commission of the County of Kaua at its meeting on March 1 2012: rtt Robert Crowell, air Igki),‘ A, . "' Charles Kin?,`i� ) hair 5 0111011111P. Randy Fin .y V Trinette Kaui ACA Mk" She Kunioka-Vol 7.,111111P (77e Michael Machado 6 �o��Ti o,,, RECEiv -i,° .- .:, c c of p�� x Salary Commission ► ''�" oma mat/Lir CITY AND COUNTY OF HONOLULU •►,,-_>�►�`• 2013 " 9 PM 530 South King Street,Room 202M•Honolulu,Hawaii 96813 OF-ii- - Sara Buehler,Chair Kevin Sakamoto,Vice-Chair Brian Ahakuelo, Commissioner Lee Donohue, Commissioner Paul Oshiro,Commissioner Jeffrey Portnoy,Commissioner April 29, 2013 LaJ 20 =n a o.-,1 4; C"<C) The Honorable Ernest Y. Martin, Chair c and Members of the City Council 2 �-, "I City and County of Honolulu *r= 0 Honolulu Hale U' t Honolulu, Hawaii 96813 Dear Chair Martin and Councilmembers: Pursuant to the Revised Charter of the City and County of Honolulu 1973 (2000 Edition), Section 3- 122,the Salary Commission hereby submits its 2013 Resolution and Findings of Fact, approved and signed by the Salary Commissioners, relating to the salaries of elected and appointed officials of the City and County of Honolulu. The members of the 2013 Salary Commission would like to express their appreciation for your support and confidence. Sincerely, Sara Buehler, Chair Salary Commission City and County of Honolulu SB/dc Attachment COUNCIL COM. 86 EXHn R RESOLUTION OE THE 2013 SALARY COMMISSION APRIL 16,2013 ESTABLISHING SALARIES AND SALARY SCHEDULES IN ACCORDANCE WITI I THE REVISED CHARTER OF THE CITY AND COUNTY OF HONOLULU 1973 (2000 EDITION) WHEREAS, The Revised Charter of the City and County of Honolulu 1973 (2000 Edition), Section 3-122, provides for a salary commission which is empowered to establish the salaries of all elected officials, including the mayor, councilmembers and prosecuting attorney, and the following appointed officials: managing director, deputy managing director, department heads, deputy department heads, and band director, and salary schedules for the deputies of the corporation counsel and prosecuting attorney; and WHEREAS,said Section 3-122 further provides that the salary commission shall convene annually no later than the first day of February, and shall, after public hearing, establish salaries and salary schedules no later than the first day of May subsequent thereto; and WHEREAS, said Section 3-122 further provides that the salary commission shall set salaries in accordance with the principles of adequate compensation for work performed,and preservation of a sensible relationship with the salaries of other city employees; and WHEREAS, said Section 3-122 further provides that any action of the commission altering salaries shall be by resolution accompanied by findings of facts and that said resolution shall be forwarded to the mayor and the council but shall take effect without their concurrence sixty calendar days after its adoption unless rejected by a three-quarters vote of the council's entire membership; and WHEREAS,the commission has this day adopted findings of facts which are attached hereto and incorporated herein by reference;now,therefore, BE IT RESOLVED by the 2013 Salary Commission of the City and County of Honolulu 1. That the salaries of all elected officials including the Mayor, Council Chair, Councilmembers, and Prosecuting Attorney,Managing Director, Deputy Managing Director, Department Heads,Deputy Department Heads,Band Director, and salary schedules for the deputies of the corporation counsel and prosecuting attorney, shall be increased by the percentages provided below, and the salaries shall be as follows: Position 2013 proposed Percentage increase salaries Mayor _$141,888 4.002111% Council Chair $60,936 3.993447% Councilmember $54,552 4.015559% Prosecuting Attorney $134,496 4.008909% Managing Director $135,744 3.991297% Deputy Managing Director $128,664 3.992758% Department Heads, except Police Chief, Fire Chief, Medical Examiner $126,768 3.998556% Police Chief $151,632 5.498542% Fire Chief $147,360 4.005364% Medical Examiner $250,008 24.994000% Deputy Department Heads, except Prosecutor's Office, Police, Fire,Medical Examiner $120,312 4.006847% First Deputy Prosecuting Attorney $127,872 3.997332% Deputy Police Chiefs $144,624 5.501816% Deputy Fire Chief $140,544 4.004203% Deputy Medical Examiner $200,016 54.849498% Band Director $118,416 2.005375% Schedule of salaries of the deputies of the • Corporation Counsel: Deputies with 0-10 $57,192- $98,808; 3.985455% -4.008421% years of experience: Deputies with 10+ $98,808—Salary of 4.008421% years experience: the Corporation Counsel (Department Head) Schedule of salaries of the deputies of the Prosecuting Attorney: $44,976- $124,872 3.995561%-3.997601% 2 • IN WITNESS WHEREOF, the undersigned members of the 2013 Salary Commission have signed this Resolution as of 16th April 2013,and transmitted it together with their findings of fact attached hereto to the Council of the City and County of Honolulu this 16th day of April 2013. SARA BUEHLER, CHAIR KE IN SA MOTO, VICE-CHAIR ci:110-1<vdo ' ,1A-0-1-0 BRIAN AHAKUELO LEE ONOHUE /fit ' Pit L OSI-IRO JEFFVO`r OY 3 FINDINGS OF FACT BY THE 2013 SALARY COMMISSION APRIL 16,2013 Pursuant to the Revised Charter of the City and County of Honolulu 1973 (2000 Edition), Section 3-122, the 2013 Salary Commission hereby makes the following findings of fact in support of its decision to establish the salaries of elected and appointed officials of the City and County of Honolulu: I. The 2013 Salary Commission has publicly solicited testimonies regarding salaries of the City and County of Honolulu's elected officials and the following appointed officials: mayor, councilmembers, managing director, deputy managing director, department heads, deputy department heads, and band director, and salary schedules for the deputies of the corporation counsel and prosecuting attorney, and now makes its final recommendations. 2. The 2013 Salary Commission finds that the City has not been able to fill the positions of the Medical Examiner and Deputy Medical Examiner and that more competitive salaries for these positions are required. The Salary Commission also finds that inversion of salaries continues to exist in departments,where the highest paid subordinates' salaries are higher than the department and deputy department heads;however,that the Salary Commission elects to remedy the inversions incrementally over the years. 3. The 2013 Salary Commission created a permitted interactions group ("PIG") pursuant to Hawaii Revised Statutes Section 92-2.5 on January 29, 2013; the PIG provided its recommendations on March 5,2013; and on March 19, 2013,the Salary Commission conducted its deliberations and decision making on the PIG's recommendations, accepting in part PIG's recommendations. 4. The Salary Commission convened on April 1,2013 and voted affirmatively on the following proposed salary increases/salaries for elected and appointed officials: Mayor: 4% Councilmembers: 4% Prosecuting Attorney: 4% Managing Director: 4% Deputy Managing Director: 4% Department Heads (except Police and Medical Examiner): 4% Police Chief: 5.5% Medical Examiner: $250,008 per annum Deputy Department Heads (except Police and Medical Examiner): 4% Deputy Police Chiefs: 5.5% Deputy Medical Examiner: $200,016 per annum Band Director: 2% Schedules of salaries of the deputies of Corporation Counsel and Prosecuting Attorney: 4% 5. In the Public Hearing held on April 16, 2013, the 2013 Salary Commission voted to establish the following salaries, in accordance with the principles of adequate compensation for work performed, and preservation of a sensible relationship- with the salaries of other city employees, and based on testimonies provided at the Salary Commission public meetings: Position 2013 proposed Percentage increase salaries Mayor $141,888 4.002111% Council Chair $60,936 3.993447% Councilmember $54,552 4.015559% Prosecuting Attorney $134,496 4.008909% Managing Director $135,744 3.991297% Deputy Managing Director $128,664 3.992758% Department Heads, except Police Chief, Fire Chief, Medical Examiner $126,768 3.998556% Police Chief $151,632 5.498542% Fire Chief $147,360 4.005364% Medical Examiner $250,008 Deputy Department Heads, except Prosecutor's Office, Police, Fire, Medical Examiner $120,312 4.006847% First Deputy Prosecuting Attorney $127,872 3.997332% Deputy Police Chiefs $144,624 5.501816% Deputy Fire Chief $140,544 4.004203% Deputy Medical Examiner $200,016 Band Director $118,416 2.005375% Schedule of salaries of the deputies of the Corporation Counsel: Deputies with 0-10 $57,192- $98,808; 3.985455% -4.008421% years of experience: 2 Deputies with 10+ $98,808—Salary of 4.008421% years experience: the Corporation Counsel (Department Head) Schedule of salaries of the deputies of the Prosecuting Attorney: $44,976- $124,872 3.995561%-3.997601% The above findings of fact shall be incorporated by reference into the Resolution to be forwarded to the Mayor and the Council of the City and County of Honolulu this 16`1' day of April 2013. • -3o SARA BUEHLER, CHAIR KEVIN SAKAMOTO, VICE-CHAIR r � ,j4,/c:4/ 1. - /11:14(-Lik et BRIAN 4(4-le AHAKUELO LEE ONO UE 411144\ , P• OSHIRO J Filar OY 3 1st Circuit 2nd Circuit 3rd Circuit 5th Circuit Charges referred to Honolulu Maui Hawai'i Kauai Total office 7/1/11 — C&C County County County 6/30/12 Misdemeanors 17,727 2,958 5,641 3,365 29,691 Criminal Traffic 19,393 3,284 8,050 1,219 31,946 Domestic Violence and 9,876 2,782 4,935 2,082 19,675 Felony/Circuit Court Cases 2,103 783 858 617 4,361 Total 49,099 9,807 19,484 7,283 85,673 Number of Deputy Prosecutors 98 32 34 13 Cases Per DeputyProsecut 501 306 573 560 EXHIB'T "F" a) s a a a a a o s LE LE LE :.E CO is) 0 0 0 0 0 w m m m iO m W E Q m m m m a) a) a) a) a) Q m _@ ❑ CO CO m iO CO m N _ C C C C C_ C W Zt. a) 0 0 0 .0 0 -Q (n 5 . 7 7 7 7 7 2 2 O to = m = U) = to = V) = aa0000VO O O O O O O aOa O 0 a) 0 � 0 � 0 D o0 N V) o U) f/) o N o u) o Q to N L N f- (U In 0 )U N (U (a (n O) .0 U _0 O) .Q O) _0 O) .0 O) _0 O) Cl) o Wo 0 0 0 � O O O O O M N- N-: N.: D U LU N W (/) Z mo V No M CO O W Q Q N O (O N O O CO _ J m O (.6O1 M M N 2O Q O O CV O O O O Q Z m m I U)U) U- 0 O w F U 0 H Z O N O N V CO 1- CO M 1' 00 t0 0 N W ti c) h- 0 1' ,- C.) 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