HomeMy WebLinkAbout2014-10-16 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
October 16, 2014 – 1:00 p.m.
Hawai‘i County Council Room, County Building
25 Aupuni Street
Hilo, Hawai‘i 96720
Commission Members present:
Susan Maddox, Chair
Ashley Kierkiewicz, Vice Chair
Douglas Espejo
Delan Perry
John Mitchell (via videoconference from Kona Council Room, Conference Room A)
Also present:
Katherine A. Garson, Deputy Corporation Counsel
Jennifer M. Kualii, Secretary
Shanell Sarsuelo (assisting/observing)
1. CALL TO ORDER
The meeting was called to order by Chair Maddox at 1:05 p.m.
2. STATEMENTS FROM THE PUBLIC
No statements from the public.
3. APPROVAL OF MINUTES (09-04-14)
Motion and Vote:
Mr. Perry moved to approve the minutes of the
September 4, 2014. The motion was seconded by Mr. Espejo and
all commissioners present voted aye.
4. CORRESPONDENCE
Motion and Vote
(Comm. No. 2014-087): Ms. Kierkiewicz moved to
file the correspondence. The motion was seconded by Mr. Perry and
all commissioners present voted aye.
Hawai‘i County is an Equal Opportunity Provider and Employer
5. DISCUSSION REGARDING SUBCOMMITTEE MEETINGS WITH VARIOUS
DEPARTMENTS AND AGENCIES FOR THE PURPOSE OF GATHERING
INFORMATION FOR THE FINAL REPORT
A. Office of the Corporation Counsel
Mr. Mitchell reported the following on vehicle use policy and procedures:
· Hawai‘i Revised Statutes is the guideline for vehicle use. Vehicle use and
guidelines are clear.
· Attorneys and support staff use their private vehicles and it’s cost effective.
· Irregularities are rare, but if there are any it’s because of unique
circumstances in which an employee would need to take a vehicle home or
needed to adjust their shift.
· Sometimes they rent cars.
Mr. Mitchell reported the following on overtime policies and procedures:
· Overtime is through collective bargaining and budgeted. Each department
head is in charge of distribution, awarding or use of overtime funds. Shifts
are adjusted or modified in a practical manner to reduce overtime.
· Overtime occurs but on a fairly limited basis; a lot of their own personal time
is given up.
Mr. Mitchell reported the following on energy:
· Human Energy: Budget of $2.5 million supports 15 attorneys and 12 support
staff. They handle close to 1,900 requests for legal assistance; in addition,
they review over 1,200 documents. A lot of work for a relatively small number
of people in that department.
· Physical energy: Has a huge HELCO bill. Increasing the use of electronics;
getting rid of books and things and are going paperless. Did bring up use of
photovoltaic. Will follow up with Ms. Stebbins on a couple items.
Mr. Mitchell reported the following on finance:
· They serve over 20 departments, over 20 boards and commissions, and over
2,500 employees. The average salary is $99,000 for experienced litigators
compared to the average $113,000 salary of a three-year litigator on the
mainland. The Director’s salary is $113,000 and the salaries are
implemented via the Salary Commission. The deputies can reach not more
than 90% salary rate of the director. A lot of quality work being done.
Mr. Mitchell reported the following on technology:
· Implementing paperless programs. The old books and periodicals are used
as reference. Concern by some staff members about going paperless or
getting rid of some of the books/subscriptions as some research might be
lost. Trend is using computer database such as Westlaw, Law Desk, Find
2
Law which is becoming common, but is expensive. They understand the cost
and time spent on Westlaw is very valuable time.
· Perception is that as law offices go more automated, old books, periodicals
and digest or journals might not be used as much in the past. It is more
common to cite using electronic resources versus using the book resources.
· Feels the need to modernize and improve but may be cost prohibited.
Expensive to align programs and updating subscriptions so trying to find
similar platforms. Security and confidentiality in using technology is
enormously important.
· Tickler serves/prompts to inform of violations. Increase technology and the
ability to communicate between different departments, for example
communicating with DEM and on their tipping fees.
· Many employees exceed the standard workweek hours in fulfilling their
positions.
· Pleased and surprised at the amount of work and the level and quality of work
being done – the department serves the County extremely well.
· Pleased by the cost effectiveness of the department.
· County is slow at times to file, compel or force payment to collect on
delinquent accounts. For example, the County operates on $400,000,000
per year, but delinquent accounts only brought in $92,000 – this is an area of
concern.
Ms. Kierkiewicz requested clarification on ticklers and violations. Mr. Mitchell
explained that the departments don’t have the ability to communicate between each
other when an issue arises. They need the ability to provide notice or a tickler to prompt
someone that an action needs to be taken. In order to find information on one matter,
employees have to log in to more than one location.
Ms. Maddox asked if the filing of lawsuits is the job of Corporation Counsel.
Ms. Garson responded yes, but the collection of revenues is handled by each individual
department. For example, the Department of Water Supply, if someone doesn’t pay
their water bill the water gets shut off and that department takes care of collecting the
payment. The case is referred to the Office of the Corporation Counsel for legal action
after the department completes its process and is unsuccessful in collecting payment. If
the delinquency is small, such as $50, the departments will deal with them internally and
it would not be something the Office of the Corporation Counsel would file a lawsuit on.
Ms. Maddox asked if Mr. Mitchell’s comment was that the timeline between filing
or the time allowed to go on before it becomes a suit could be shorter. Mr. Mitchell said
yes, specifically with the Department of Environmental Management. They had unpaid
fees of over $2.9 million in 2009 with delinquent accounts that are over 90 days at $1.5
million.
Mr. Mitchell stated Ms. Stebbins has an open door policy, she does
“temperature checks” with staff and likes to be hands on. The Office of the Corporation
Counsel has reduced travel and training, and for the legal profession, they have
continuing education for the bar. The department adjusted their travel and training to be
more cost effective. They trained 380 employees across all departments.
3
Ms. Garson clarified the HELCO bill issue and stated that the Office of the
Corporation Counsel is located in the Hilo Lagoon Centre and she believes the
electricity is included in their association fees.
Ms. Maddox asked for a progress check from the Commissioners on where
they might be in scheduling meetings. Mr. Espejo stated that he and Ms. Kelly will be
reporting at the next meeting on the departments they have together. He will also be
contacting the County Clerk’s office and might have it ready for the next meeting.
Mr. Espejo and Mr. Perry have not had a chance to schedule a meeting with the
Planning Department.
Ms. Maddox stated the Commission has six more meetings before the report is
due to the County Council. It was agreed at the last meeting that those who shared a
department with Mr. Matsuda would schedule directly with the department to move
things along. Mr. Mitchell stated he contacted Ms. Santos at Parks and Recreation and
will be sending her the questions to guide and prepare them for the October 27, 2014
meeting. He will contract Public Works close to Thanksgiving.
Ms. Maddox encouraged everyone to move things forward as they can and if
they are unable to get a response back from a particular department, then to look back
at the correspondence received from that particular department. Ms. Kierkiewicz stated
she and Mr. Mitchell have Housing to meet with.
6. DISCUSSION/ACTION REGARDING FORMAT AND CONTENTS OF FINAL
REPORT
Ms. Maddox took Ms. Garson’s suggestion from the last meeting to pull some
recommendations out of the various communications received in response
to the letters the Commission sent out. Ms. Maddox made a spreadsheet listing all the
correspondences received from various departments for reference. She asked the
commissioners to review the list for possible recommendations and to contact
Ms. Kualii to have them placed on the agenda for the next meeting as well as any
recommendations they might have from their interviews. Mr. Mitchell has five
recommendations he will get to Ms. Kualii to be agendized. Ms. Maddox stated all
potential recommendations need to be submitted to Ms. Kualii by October 29, 2014
to be placed on the next agenda.
Ms. Maddox asked the Commissioners if they are willing and able to meet longer
at the next meeting, if required, as opposed to scheduling additional meetings. All
commissioners agreed to have longer meetings.
Ms. Maddox stated that a couple meetings ago, she shared a basic framework
of the final report and hoped that would give the Commissioners a bit of a jump start.
She will continue to work on the framework and will bring it to the next meeting for the
Commissioners’ feedback and input. She is willing to share this duty with others and
thinks this would help keep them on track for the January 20, 2015 submission of the
report.
4
Mr. Mitchell asked if they could discuss the formatting of the report at the meeting
today. Ms. Garson said yes.
Ms. Kierkiewicz asked how the last commission did the writing of the report.
Ms. Garson replied they pieced it out, one person did the introduction, different people
did different sections and when it came to the recommendations, they did it the same –
the recommendations were agendized.
Mr. Mitchell stated he noticed a fundamental difference between the report from
the prior Commission and what is current being discussed. He personally feels as
though he’s missing something because this Commission is very focused on the
departments, but he didn’t see that was the prior Commission’s concern or at least that
wasn’t their big issue. The prior Commission’s viewpoint was more County-wide which
they devoted 3 ½ plus pages to with a large amount of work on revenue, whereas the
current Commission is department specific. He wants to make sure that they are not
missing anything.
Ms. Garson said this Commission is not missing anything. She explained that
the prior Commission had common, County-wide recommendations and the formatting
ended up breaking down the way it did versus a specific recommendation. They
focused on revenue because of the situation the County was in at that time.
Ms. Maddox stated each commission is a function of who the commissioners are
and the state of the County government or the economy in general. She doesn’t believe
there is a right or wrong way to proceed in terms of a report. Ms. Maddox stated this
commission can include the research and recommendations from department heads in
their responses related to revenue in the current report if the commissioners concur.
Mr. Mitchell again compared the prior Commission’s report to what the current
Commission is doing. He likes what the current Commission is doing because it’s more
specific and less about trying to involve the State and collective bargaining issues.
Ms. Garson suggested the Commissioners look at the County Charter to see
what should be included in the report. She said the Charter does not state that
recommendations on generating revenues need to be included in the report. She
reiterated that the prior Commission included revenues in their report because of the
situation the County was in at the time the report was done. She stated this Commission
is not missing anything if they do not include a section on generating revenues.
Ms. Maddox stated the responses received from the department heads can be
included in the appendices of the report. These are the letters that were sent out to the
department heads with the recommendations given by the prior commission and shared
what has been implemented or the progress on the recommendations and any
suggestions.
Ms. Garson stated the format of the report is up to the Commission as long
as it answers the fundamental questions that are in the County Charter.
5
Mr. Mitchell stated he feels it’s his duty to bring issues that might not have been
brought up four years ago because there was no representative from the Leeward side
of the island at the last of Cost of Government Commission - to be specific, the Mass
Transit busing subsidy issue.
Ms. Kierkiewicz offered to help with sections of the report.
7. ITEMS TO BE PLACED ON NEXT AGENDA
Ms. Maddox stated to carry over the standard agenda items.
Ms. Garson said to email Ms. Kualii specific recommendations and
subcommittee reports to be agendized. If there’s a draft report, that would be
agendized under item 6.
Ms. Kierkiewicz asked about the amount of detail to be included in the
recommendations for the agenda. Ms. Garson responded by saying it can be more
generic and general, don’t use acronyms or short cuts so members of the public know
what you’re going to talk about.
Ms. Maddox asked if it was better to have the agenda with generalization even
if a commissioner has specific language they would like to bring forth. Ms. Garson said
it’s up to the commission, but best to have it written down.
Ms. Maddox asked if a presentation was going to be made by Mr. Rolston.
Ms. Kierkiewicz said Mr. Rolston was unable to make it this week. She asked if he
could make the November 6, 2014 meeting, but has not received a response.
Ms. Garson stated if Mr. Rolston does respond, his presentation will be agendized.
Ms. Garson asked the Commissioners if they needed her assistance in
requesting the presence of a particular department head. Mr. Mitchell and Ms. Maddox
suggested the Department of Environmental Management. Ms. Garson stated the
departments may or may not be able to attend, but we can ask and say that the
Commission does understand if they are unable to attend.
Ms. Kierkiewicz suggested a letter be sent with specific questions to the
departments such as Department of Environmental Management, Civil Defense, Parks
and Recreation and Fire. Ms. Maddox stated a letter could be sent, but an answer to
that letter would not be one of the department head’s top priorities at this time, which is
not intentional, but more a function of the demands on their time with the lava flow.
Ms. Maddox stated that if anyone would like to invite someone to make a presentation
to let Ms. Kualii know so she can issue the invitation. Mr. Mitchell said it’s really helpful
to have department heads come to make a presentations. He stated that Mr. Jacobs
from Information Technology gave a wealth of information in his presentation. Mr.
Mitchell really wants a presentation done by the Department of Environmental
Management because as the other departments were reducing their budget by 5%, the
Department of Environmental Management did not, their budget gone up. The fees the
department was supposed to be bringing in is going up by less than 1%.
6
Ms. Maddox asked to send an invite to Ms. Leithhead-Todd to make a
presentation. Ms. Garson said it will be made clear that the Commission does
understand if she is unable to make it. Ms. Garson suggested having a designee to
represent the department and Commissioners agreed with the suggestion.
Ms. Maddox stated the next meeting will be extended longer if Ms. Leithead-
Todd is able to do a presentation in addition to discussing possible recommendations.
Ms. Kierkiewicz asked if the Commission has not gone through the entire agenda and
it’s 7:00 p.m., could they stop. Ms. Garson said yes, the commission can continue to
another date or defer to the next meeting. Ms. Kierkiewicz said she will contact Mr.
Rolston to do a presentation.
8. DISCUSSION REGARDING LOCATIONS/DATES/TIMES OF FUTURE
MEETINGS/VIDEO CONFERENCING
Ms. Kualii pointed out that January 1, 2015 is the first Thursday of the month
which is the Commission’s regularly scheduled meeting day; however, that date is also
a holiday. Ms. Maddox suggested having the meeting on January 8, 2015 instead of
January 1, 2015 and to meet on January 15, 2015, if needed.
Ms. Maddox asked if the Commission is relieved of their duties when the written
report is submitted to County Council Chair and the Mayor or is there a personal
presentation that needs to be done. Ms. Garson does not recall any personal
presentation being made by the last commission, but when the report is done the
Commissioners are relieved or their duties.
9. ANNOUNCEMENTS
The next meeting of the Cost of Government Commission will be held on
November 6, 2014 at 1:00 p.m. at the Puna Conference Room, 25 Aupuni Street,
Suite 1501, Hilo, Hawai‘i 96720.
10. ADJOURNMENT
Motion and Vote:
Ms. Kierkiewicz moved to adjourn the meeting. The motion
was seconded by Mr. Perry and all commissioners present voted aye.
Meeting adjourned at 2:04 p.m.
Respectfully submitted:
/s/ Jennifer M. Kualii
Jennifer M. Kualii, Secretary
7