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HomeMy WebLinkAbout2014-04-03 Cost of Government Commission Minutes COST OF GOVERNMENT COMMISSION c/o Office of the Corporation Counsel, 101 Aupuni Street, Suite 325, Hilo, Hawai‘i 96720 MINUTES Thursday, April 3, 2014 – 1:00 p.m. Puna Conference Room, County Building 25 Aupuni Street, Suite 1501 Hilo, Hawai`i 96720 Commission Members present: Susan Maddox, Chair Ashley Kierkiewicz, Vice Chair Douglas Espejo Glen Matsuda Delan Perry Commission Members present via videoconference from Kona Mayor’s Office Conference Room: Linda M. Kelly John Mitchell Also present: Katherine A. Garson, Assistant Corporation Counsel Molly A. Stebbins, Deputy Corporation Counsel Jennifer M. Kualii, Secretary 1. CALL TO ORDER The meeting was called to order by Chair Maddox at 1:04 p.m. 2. STATEMENTS FROM THE PUBLIC None. 3. APPROVAL OF MINUTES (February 20, 2014 and March 6, 2014) Mr. Matsuda pointed out his name was misspelt throughout the minutes of February 20, 2014. Motion and Vote: Ms. Kierkiewicz moved to approve the minutes of February 20, 2014, with the corrections noted by Mr. Matsuda. The motion was seconded by Mr. Matsuda and all commissioners present voted aye. Motion and Vote: Mr. Matsuda moved to approve the minutes of March 6, 2014. The motion was seconded by Mr. Mitchell and all commissioners present voted aye. Hawai‘i County is an Equal Opportunity Provider and Employer 4. CORRESPONDENCE Motion and Vote (Comm. Nos. 2014-001 to 2014-026): Mr. Perry moved to file these communications. The motion was seconded by Mr. Matsuda and all commissioners present voted aye. Motion and Vote (Comm. Nos. 2014-027 to 2014-054): Mr. Perry moved to file these communications. The motion was seconded by Mr. Matsuda and all commissioners present voted aye. Motion (Comm. No. 2014-055): Mr. Perry moved to file this communication. Amended Motion and Vote (Comm. No. 2014-055): A subsequent motion was made by Mr. Perry to defer this communication until the call of the Chair to be brought up later for discussion. The motion was seconded by Mr. Espejo and all commissioners present voted aye. Motion and Vote (Comm. No. 2014-056): Ms. Kierkiewicz moved to file this communication. The motion was seconded by Mr. Perry. Discussion: Mr. Perry asked if the Committee on Aging has a budget. Ms. Garson replied that she did not know if they had a budget but if they did, it would be a very limited budget. Ms. Kierkiewicz stated she would be more interested in seeing what the actual Office of Aging is doing. Vote: All commissioners present voted aye to file this communication. Motion (Comm. No. 2014-057): Mr. Matsuda moved to file this communication. The motion was seconded by Mr. Perry. Discussion: Ms. Kierkiewicz said she would like to carry the first bullet forward as there may be some merit to that concern. She stated the second bullet gets a bit tricky because it has to deal with the unions and feels that the Commission can make recommendations but does not know if that will have an effect on the negotiations and would rather steer clear from that. Ms. Maddox stated the Commission had discussed earlier about things that it cannot have any sort of impact for reasons well beyond their scope and would not be spending their time in those areas. The Commission is looking for areas that it could make recommendations that could be implemented. Ms. Maddox asked if the issues could be pulled forward for further discussion and still file the communication. Ms. Garson replied yes. Ms. Garson clarified that paragraphs 1 and 3 would be pulled forward for further discussion. She said you can pull the issues out of the letters to be agendized and discussed at a later meting and still file the communication. The letters are just giving the Commission ideas. Ms. Kelly said there are several issues in the letter – the 4-day work week, the employee arriving late and the Hele-On Bus transportation – she would like to revisit all these issues. Mr. Mitchell agreed. Ms. Maddox clarified that the first 3 bullets would be carried forward for further discussion. Vote: All commissioners present voted aye to file this communication. Motion (Comm. No. 2014-058): Ms. Kierkiewicz moved to file this communication. The motion was seconded by Mr. Perry. Discussion: Ms. Maddox stated the primary issue in this communication is the taking home of County vehicles. This issue was also mentioned in another communication and will be pulled forward for further discussion. Vote: All commissioners present voted aye to file this communication. Motion (Comm. No. 2014-059): Ms. Kierkiewicz moved to file this communication. The motion was seconded by Mr. Matsuda. Discussion: Ms. Kierkiewicz, Mr. Matsuda and Mr. Mitchell said they would like all issues pulled forward for further discussion. Vote: All commissioners present voted aye to file this communication. Motion (Comm. No. 2014-060): Ms. Kierkiewicz moved to file this communication. The motion was seconded by Mr. Perry. Discussion: Ms. Kierkiewicz stated this is someone who is trying to help increase revenue by increasing the costs of the elderly division classes. Mr. Mitchell and Mr. Perry agreed and would like to pull this issue forward for further discussion. Ms. Kelly would like to revisit the issue of printing costs. Ms. Maddox stated the issue regarding printing costs may something they might find in other departments as well. Ms. Garson clarified that the issues of the possibility of raising the prices of the elderly activities division classes and the reduction of printing costs would be pulled forward for further discussion. Vote: All commissioners present voted aye to file this communication. Motion (Comm. No. 2014-061): Ms. Kierkiewicz moved to file this communication. The motion was seconded by Mr. Perry. Discussion: Ms. Maddox stated this issue is somewhat related to employment contracts and annual renewal of contracts. Ms. Kierkiewicz said she would like to pull this issue forward to discuss. Ms. Maddox said the issue of basic hiring practices of contract workers will be pulled forward for further discussion. Ms. Kierkiewicz also stated that item number 3 in the letter regarding the County’s permitting process seems pretty general and should be pulled forward for further discussion. Vote: All commissioners present voted aye to file this communication. Motion (Comm. No. 2014-062): Ms. Kierkiewicz moved to file this communication. The motion was seconded by Mr. Perry. Discussion: Ms. Maddox stated the issues in this letter have already been carried forward from other communications. Vote: All commissioners present voted aye to file this communication. 5. PRESENTATION/DISCUSSION No presentation given. Ms. Garson suggested taking this agenda item off until contact with Will Rolston can be made to schedule a presentation. Ms. Maddox agreed. At 1:31 p.m. Ms. Garson left the meeting and Deputy Corporation Counsel Molly Stebbins stepped in. 6. DISCUSSION ON RESPONSES RECEIVED FROM DEPARTMENTS, EMPLOYEES AND BOARDS AND COMMISSIONS Ms. Maddox stated a number of issues have been pulled forward and asked the Commissioners if there were additional issues for discussion. There were no additional issues for discussion. 7. FORMATION OF SUBCOMMITTEES TO MEET WITH VARIOUS DEPARTMENTS AND AGENCIES FOR THE PURPOSE OF GATHERING INFORMATION FOR THE FINAL REPORT The following is a list of the subcommittees as chosen by the Commissioners. DEPT/B&C COMMISSION MEMBER(S) Aging Committee on Aging Ms. Maddox and Ms. Kelly Civil Defense Mr. Perry and Ms. Maddox Corporation Counsel Board of Ethics Mr. Mitchell County Clerk Pension Board Mr. Espejo County Council Mr. Mitchell Environmental Management Environmental Management Commission Mr. Perry and Mr. Matsuda Finance Public Access, Open Space and Natural Resources Commission Real Property Tax Real Property Tax Board of Review Mr. Mitchell Fire Fire Commission Mr. Matsuda and Ms. Kelly Housing Ms. Kierkiewicz and Mr. Mitchell Human Resources Merit Appeals Board Salary Commission Ms. Maddox Immigration Mr. Espejo and Ms. Kelly Information Technology Ms. Kierkiewicz and Mr. Mitchell Legislative Auditor Mr. Espejo and Ms. Kelly Liquor Liquor Adjudication Board Liquor Commission Ms. Kelly Mass Transit Transportation Commission Ms. Kierkiewicz and Mr. Perry Mayor Managing Director Committee on People w/Disabilities Game Management Advisory Commission Ms. Kierkiewicz and Ms. Maddox Parks & Recreation Veterans Advisory Commission Mr. Matsuda and Mr. Mitchell Planning Board of Appeals Hāmākua CDP Kailua Village Design Commission Ka‘ū Steering Committee Kona CDP Leeward Planning Commission North Kohala CDP Puna CDP South Kohala CDP Mr. Perry and Mr. Espejo Police Ms. Police Commission Maddox and Ms. Kelly Prosecuting Attorney Committee on the Status of Women Ms. Kierkiewicz Public Works Mr. Matsuda and Mr. Mitchell Research & Development Ms. Kierkiewicz and Ms. Maddox Water Supply Water Board Mr. Perry and Mr. Matsuda Mr. Perry stated everyone should be open to adding other commissioners to the subcommittees if some start running into a problem or if it is more than expected. Ms. Kierkiewicz asked if there has to be a public meeting if three or more commissioners attend a meting. Ms. Stebbins replied that a subcommittee may be formed of two or more commissioners but less than quorum. So as long as the subcommittee is less than five commissioners, it can meet outside of a regular publicized meeting to discuss what the subcommittee is tasked with. Ms. Stebbins suggested making a motion to appoint and accept the subcommittee members as listed. Motion and Vote: Ms. Kierkiewicz moved to accept the subcommittees as listed. The motion was seconded by Mr. Perry and all commissioners present voted aye. (Break: 1:48 p.m. – 1:53 p.m.) 8.DISCUSSION/ACTION REGARDING APPROACH TO TAKE TO TIMELY ACCOMPLISH MANDATE OF THE COST OF GOVERNMENT COMMISSION Ms. Maddox opened the floor for discussion regarding the process everyone feels would work best to get a timely response. Ms. Kelly asked Mr. Matsuda if the previous commission had a template of generic questions to go by. Mr. Matsuda replied none that he was aware of. Ms. Maddox noted the Commission has not received responses from all of the the departments and the deadline to respond is April 7. Mr. Espejo asked that if the departments don’t respond, is the Commission not going to ask for any more and cut that department out. Ms. Kierkiewicz responded that if the Commission does not get a response from a department, then as a member of the subcommittee, they can reach out to the departments to schedule meetings. Ms. Maddox said each subcommittee can make their own contacts, explain who they are and schedule meetings with the department heads. She suggested waiting until the response deadline before reaching out to the departments. Mr. Mitchell stated that if a period of time goes by without a response from the department, he would like to send out a second notification to compel a response and asked if using the word “compel” would be appropriate to get the attention of the department heads. Ms. Stebbins replied she didn’t know if the Commission could compel a response and if that would be the best choice of language to use. Mr. Mitchell then suggested maybe using the word “urgent” instead. Ms. Stebbins replied that ultimately the Commission is asking for feedback and does not have the authority to compel a response if it’s not forthcoming. She suggested waiting until the deadline for responses and cross that bridge when you come to it. Ms. Maddox stated the last time the Commission convened would have been at the very beginning of Mayor Kenoi’s term and they really don’t have a sense as to what his process might be for compelling or strongly urging the departments to respond. She said there is nothing to prevent the Commission from making a follow up telephone call and would like to use that as an opportunity to schedule the meetings. Ms. Kierkiewicz asked if Mr. Wally Lau would be able to help them. Ms. Maddox replied that Mr. Lau is interested in coming to the meeting and share his broad overview of his response and that this may be the time to inquire if he would be able to provide additional support or encouragement to the departments who haven’t responded. Ms. Kelly asked if another letter is going out to the departments to let them know who the people are on the subcommittees. Ms. Maddox replied she didn’t think so. Mr. Perry envisioned a phone call from the subcommittees to the department heads. Ms. Kelly and Mr. Mitchell agreed. Ms. Maddox would be interested in starting with Mr. Lau at the April 17 meeting and that would set the tone for the other departments. Ms. Kierkiewicz said she would not be at the next meeting. Ms. Maddox stated the subcommittees have been set, the Commission will give the departments to the deadline to respond, see what other departments respond by the next meeting on April 17and from that point on the Commissioners can begin making telephone calls and setting up individual appointments with the departments. Ms. Kelly and Mr. Mitchell agreed. Ms. Kelly suggested creating a timeline for when the subcommittees should wrap up their meetings with the departments, when to submit the subcommittee reports to the Commission to review and set a target date to address the recommendations for the final report. Ms. Kierkiewicz agreed with Ms. Kelly but stated the Commission won’t be able to do that until all the responses are received and appointments have been scheduled. Ms. Maddox asked Ms. Kelly if she’s thinking around October, as a loose guideline, the Commission should be in a phase of being able to start drafting sections of the report. Mr. Mitchell thinks that by October 1 the Commission should have some things in draft form or summary to start sharing. Ms. Kelly agreed but would like a proposed calendar of the deadlines for submission of the subcommittee reports and recommendations. Ms. Kierkiewicz is envisioning that after the meetings are held with the departments, the subcommittees would come to the group and discuss everything, then as a group decide what the recommendations would be, write it down and be done with that piece while it is still fresh instead of waiting for months to re-write something. Ms. Maddox agreed. Mr. Matsuda stated the Commission should wait for all the responses to come in and then take a more meaningful direction on what it should do or what steps needs to be taken to get the departments who haven’t responded to respond. Mr. Mitchell agreed and said that some departments are going to take longer than others. Ms. Maddox commented that it will be a matter of coordinating schedules according to when the department heads are available and if they will be in West Hawai‘i or East Hawai‘i. She asked if everyone is comfortable with the process set so far. All Commissioners agreed. Ms. Maddox said everyone has two weeks to prepare what their questions and thoughts will be for their meeting with the departments. Mr. Perry asked if everyone had each other’s email addresses. Ms. Maddox replied no. Ms. Stebbins cautioned the Commissioners regarding email communication as it could violate the Sunshine Law if there is mass email communication, group communication or serial communication. Ms. Maddox asked Ms. Stebbins to describe what serial email communication would be. Ms. Stebbins replied that if two commissioners were communicating via email and forwarded that email to another commissioner, then the third commissioner becomes part of the conversation. Mr. Matsuda stated that the emails should be kept strictly between the subcommittee members. Ms. Stebbins replied yes. Mr. Mitchell said they should avoid thread emails and reply to all. Ms. Stebbins replied yes. Ms. Maddox stated she would like to go back to agenda item #6. Part of her process is to always thank people who respond. She would like to respond on behalf of the Commission to those who have already submitted their responses to say their response is appreciated and the Commission looks forward to being able to schedule a meeting at some point to talk with them further. Mr. Mitchell agreed. Ms. Maddox asked Ms. Stebbins if this would require an action item. Ms. Stebbins replied that if it is just to send an acknowledgment and thank you letter, it does not need a separate action item; it comes under the discussion on responses received from departments. Ms. Maddox asked all Commissioners if they are in agreement to send out thank you letters on behalf of the Commission. All Commissioners agreed. 9. ITEMS TO BE PLACED ON NEXT AGENDA Ms. Maddox would be interested in having Mr. Wally Lau be present at the next meeting if he is available. Mr. Perry would still like to have a presentation by the energy coordinator. Ms. Maddox said the Correspondence will be a standing agenda item, Mr. Matsuda requested a standing agenda item to make adjustments to the subcommittee structure if needed. Mr. Matsuda asked how changes to the subcommittee structure would affect the email communication if the Commissioners were to make a change. Ms. Stebbins replied that could be problematic. Mr. Mitchell said the emails will have to be kept as a single transaction, from one person to another. Ms. Stebbins stated if you replace one subcommittee with another, naturally you would want to provide them with all the former correspondence to get them up to speed in which could be problematic. Mr. Matsuda asked if Ms. Stebbins could find out and clarify for the Commissioners. Ms. Maddox doesn’t want to create something that’s problematic but would like to be able to address it if there is a change in the subcommittees that the Commission may not be able to anticipate. At 2:18 p.m., Ms. Garson returns to the meeting. Ms. Stebbins briefed Ms. Garson on the current issue being discussed regarding the Commission having the flexibility to change the constitution of the subcommittees – someone going off and another person coming on. She said it could be problematic and could lead to what would be considered serial communication and in violation of the Sunshine Law; she suggested not making any changes. Ms. Maddox said the group is trying to work in pairs and some are singular. The Commissioners made a commitment that if someone needed assistance, others would be willing to help. She would like to know how to address the flexibility of the subcommittees if someone is wanting to help. Ms. Garson said two board members can confer as long as there is no commitment to vote, that’s one exception. She is more concerned with the subcommittees that have two and then other people start coming in. If that happens, Ms. Garson suggests dissolving that subcommittee and to have the department come to the meeting. At 2:22 p.m., Ms. Stebbins leaves the meeting. Ms. Maddox said she won’t put adjustments to the subcommittee structure as a standing agenda item. She will continue to leave on agenda items #6, #8 and #9. Ms. Kelly said she would like to have a timeline on what’s going on between now and November – the next four months would be working as subcommittees and saving September and October for drafting letters and recommendations and wrapping up in November. Ms. Maddox stated she would have the timeline mentioned under agenda item #8. 10. DISCUSSION REGARDING LOCATIONS/DATES/TIMES OF FUTURE MEETINGS/VIDEO CONFERENCING Ms. Kualii stated for the meeting on April 17, she was able to secure the Hilo Council Room and the Kona Council Conference Room for videoconferencing. For the May 1 meeting, she was not able to secure a site in Hilo for videoconferencing but was able to get the Office of Aging Conference Room. She said except for the June 19 meting, she was able to get videoconferencing between Hilo and Kona for the rest of the year. Mr. Perry suggested a site in Waimea. Ms. Garson said for the Waimea site, it’s Councilmember Wille’s office and the Commission would have to impose on her staff but will check on availability. 11. ANNOUNCEMENTS Ms. Maddox announced the next meeting will be held on April 17th at 1:00 p.m. at the Hawai‘i County Council Room, 25 Aupuni Street, Hilo. 12. ADJOURNMENT Motion and Vote: Mr. Perry moved to adjourn the meeting. The motion was seconded by Mr. Matsuda and all commissioners present voted aye. Meeting adjourned at 2:29 p.m. Respectfully submitted: /s/ Jennifer M. Kualii Jennifer M. Kualii, Secretary 10