HomeMy WebLinkAbout2018-05-24 Salary Commission MinutesPage 1
TRANSCRIPT OF PROCEEDINGS
SALARY COMMISSION MEETING
Held at the Hawaii County Building, 25 Aupuni Street,
Hilo, Hawaii, 96720, commencing at 10:02 a.m., on
May 24, 2018.
REPORTED BY: TERI HOSKINS, RMR, CSR #452
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BOARD MEMBERS:
FLORENCE K. IKEDA, ACTING CHAIR
THOMAS E. FRATINARDO
GEORGE W. CAMPBELL
JAMES W. HIGGINS
HAROLD D. DOW
ABSENT AND EXCUSED:
HUGH Y. ONO, P.E., CHAIR
NELSON H. HARANO
MILTON PAVAO, P.E.
ALSO PRESENT:
AMY SELF, DEPUTY CORPORATION COUNSEL
WILLIAM B. BRILHANTE, JR., EX -OFFICIO
MEMBER
JENNIFER SAKAMOTO
GLYNIS YAMADA
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1 ACTING CHR. IKEDA: Okay. Can we call the
2 meeting to order, please. We'll take roll call
ji
It
7
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starting from George.
MR. CAMPBELL: Yeah, George Campbell present.
MR. HIGGINS: Jim Higgins present.
ACTING CHR. IKEDA: Florence Ikeda present.
MR. DOW: Harold Dow present.
MR. FRATINARDO: Thomas Fratinardo, District
1, present.
ACTING CHR. IKEDA: Nelson isn't here.
Did he call in?
- -TRT TlT
He didn't call in. Do you want
13 me to try calling him?
14 ACTING CHR. IKEDA: He might be stuck on the
road?
15 MS. YAMADA: Yeah, maybe. I'll give him a
16 call.
17 ACTING CHR. IKEDA: And I believe we don't
18 have any statements from the public on our agenda.
19 The minutes was sent to you people for the
20 last two meetings. Are there any corrections or
21 additions to the minutes?
22 No?
23 May I have a motion to approve?
24 MR. FRATINARDO: Motion.
25 MR. CAMPBELL: Second.
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1 ACTING CHR. IKEDA: The minutes have been --
been --
2 MS. SELF: You've got to vote.
3 ACTING CHR. IKEDA: Yeah, and vote. Okay. So
4 we'll take a vote to approve the minutes. All in favor?
5 (All members responded affirmatively.)
6 ACTING CHR. IKEDA: Any negative? No.
7 Okay. So the minutes have been approved.
8 Communications? We don't have any.
9 "New Business (for discussion and appropriate
10 action): None."
11 So we'll go to "6) Unfinished Business,"
12 number "A) Review of existing compensation plan."
13 I'd like to defer this to Bill Brilhante.
14 MR. BRILHANTE: Hi. Good morning, Chair, and
15 Salary Commission members. William Brilhante, Human
16 Resource Director.
17 You know, I know the item on the agenda is
18 review of existing compensation plans, and what I am
19 going to do is I am going to request that this item be
20 continued; and it's, primarily, due to the ongoing
21 emergency situation with all the lava activity. And, I
22 think at this time, there has been representations made
23 by administration that the County is approaching a
24 shortfall in revenues. That was reported to the County
25 Council last week. And until the situation is
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1 stabilized and we get a clear picture as to what the
2 impacts and what the resultant effects of this
3 emergency will be, I think it will be premature and any
4 discussion or any consideration or any direction we
5 give will be premature.
6 So, with that in mind, I'm going to request
7 that we continue this or postpone this matter until
8 such time as -- leave it at the call of the Chair to
9 bring up on a future agenda.
10 ACTING CHR. IKEDA: Do I have to take
11 vote to defer?
12 Can I have a motion to defer?
13 MR. FRATINARDO: Motion.
14 MR. HIGGINS: Second.
15 ACTING CHR. IKEDA: It has been moved and
16 seconded that we defer this discussion to a later date.
17 all in favor?
18 (All members responded affirmatively.)
19 ACTING CHR. IKEDA: Motion carried.
20 Sorry, any opposed? None.
21 Okay. "B) Rules of the Salary Commission"
22 (SEE ATT. A). Can I defer this to Amy?
23 MS. SELF: Yeah. This would be the same
24 thing, right?
25 MR. BRILHANTE: It would be B.
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1 ACTING CHR.IKEDA: B.
2 MS. SELF: Oh.
3 MR. BRILHANTE: Rules. Yeah, B.
4 MS. SELF: Okay. So I believe everybody has a
5 copy of the rules that I made some changes to (SEE ATT. A) .
6 MS. YAMADA: The green folders.
7 MS. SELF: I wanted to do them in redline,
8 but we couldn't get it to print out like that. So the
9 first change is on page 200-2 -- I don't know. Does
10 anybody at HR understand or know how these rules
11 were -- how they came up with these things? Because
12 the numbers are really odd. The page numbers are
13 200 -whatever.
14 MR. BRILHANTE: Although every day I look in
15 the mirror I consider myself to be getting older and
16 older, I don't think I'm quite this old yet to have
17 played a role in this; but what we can do is look into
18 it, and I'm sure there is somebody somewhere who knows
19 why we started with these numbers and the uniqueness
20 associated with this. So, let me look into it, and
21 we'll get back to you, Amy.
22 MS. SELF: Okay. Because I know that HR has
23 its rules, and I was wondering if this is like --
24 because this is Chapter 200, and I don't know what
25 that's -- okay. So, that's one thing I was questioning.
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1 One of the changes I made is on page 200-2 at
2 the bottom. And, actually, your page number may have
3 been cut off to the next blank page, yeah, so it's the
4 bottom of the page. It doesn't have a page number.
5 MR. HIGGINS: No.
6 MS. SELF: It's 200-2, so then look at the
7 previous page. Okay? So it's at the very bottom of
8 section 200-5, "The Commission." And it's under
9 Section (b)(4), the very bottom of the page, under
10 "Regular meetings."
11 MR. HIGGINS: Thank you.
12 MS. SELF: So, what the charter requires is
13 that this Commission meet at least annually. So, it's
14 up to you if you want to meet more often than that, but
15 you have to at least meet annually.
16 So, what was in there before was "Regular or
17 general meetings will be held on the 2nd and 4th
18 Wednesdays of each month, unless otherwise specified."
19 I think it would be best to just delete the sentence --
20 or the part that is struck through -- and just leave it
21 at "The Commission shall meet at least annually"; and
22 then that way you have flexibility, but it doesn't lead
23 the public to believe that you are actually meeting on
24 those days every time.
25 These are just suggestions, so you guys will
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1 be the ultimate decision -makers. And I don't think
2 there should be any decisions today. I just wanted to,
3 kind of, go through these things first because there's
4 going to be more changes.
5 So, if you look at the next page, subsection
6 (5), at the top of that page under "Special meetings,"
7 this was in there because this language was identical
8 to what used to be in the charter under Section 13-4,
9 which applies to all boards and commissions that were
10 created by the charter, which this Commission was
11 created by the charter. So, they actually -- the last
12 charter commission that made changes or proposed
13 amendments to the charter took this out, and it passed
14 by the voters -- so the part that's struck out, upon
15 publication of notice such special meetings that you
16 have to publish in the newspaper, that's no longer in
17 the charter. So what I'm suggesting is just take that
18 portion out and just leave it as "Special meetings of
19 the Commission for the transaction of its business may
20 be held at any time and place as scheduled by the
21 Commission."
22 So you're no longer required to put it in the
23 newspaper. However, as you all know, we have a new
24 proposed amendment for the charter so that could
25 change, too. But I think that was only for --
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1 MR. BRILHANTE: Salaries --
2 MS. SELF: Yeah, for the salaries.
3 MR. BRILHANTE: -- that were over 10 percent.
4 MS. SELF: 10 percent, yeah.
5 MR. HIGGINS: Yeah.
6 MS. SELF: And I don't know if that will be
7 required to be under special meeting or not, but since
8 it will already be in the charter, if it does pass,
9 then at that time we can make a decision whether or not
10 it should be put into the rules or not -- if we should
11 amend the rules.
12 There's a lot of formatting stuff, though,
13 that's just talking about the page numbers, the
14 sections. All of this, I would think, that since --
15 the Salary Commission, it does fall under the
16 Department of Human Resources, but I would think that
17 you would have your own numbering. You know, I think
18 this all could be cleaned up for the formatting.
19 Let's see. What else? I think that's as far
20 as I've gotten so far. I was on a roll until so much
21 stuff was happening, but I'm going to continue to go
22 through this and see if there's anything else that
23 needs to be changed. What I would suggest for you guys
24 is for you to also review these and see if you can come
25 up with any -- yeah.
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1 MR. FRATINARDO: I had spoken with Bill,
2 about maybe two weeks ago when we bumped into each
3 other at the EOC, about the overtime. And I was
4 wondering in these times of emergency where you have
5 our appointees and our elected officials that are
6 working double shifts -- they're sleeping next to their
7 cell phone, they're always on call -- is there a, sort
8 of, method that we can create to compensate them for
9 that? Because I would think that the salary that they
10 are awarded is not under the auspices of a emergency
11 situation. That's your regular day-to-day operations.
12 So how do we - and, like, they aren't being given
13 overtime. So, can we take into consideration that
14 they're working 16 -hour-long days or more when looking
15 at their salaries? You know, is there some other sort
16 of stipend that we can award them during a time of
17 emergency when they're expected to be there 24/7 at the
18 EOC?
19 MS. SELF: That runs into FLSA because the
20 way they are categorized -- you know how they have
21 different categories under FLSA? That falls under --
22 what is it called -- supervisory, so --
23 MR. BRILHANTE: Excluded management.
24 MS. SELF: Yeah.
25 So that they're not -- they're salaried
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1 instead of hourly.
2 MR. FRATINARDO: Uh-huh. Okay.
3 MS. SELF: So that's why I don't think you
4 could -- yeah, I don't think you could give overtime to
5 a salaried person, which would be all of the
6 appointees.
7 MR. FRATINARDO: Yeah, I just wanted to ask
8 that because I didn't know. So it's just something that
9 I would be willing to consider, if we could do it.
10 MS. SELF: Do you have any ideas?
11 MR. BRILHANTE: You know what? I think
12 that's a good question, you know, for this Commission
13 to kind of, you know, investigate or a good topic area.
14 I think it's kind of more analogous to the previous,
15 you know, subject, you know, that we just continued and
16 deferred.
17 MR. FRATINARDO: Deferred, okay.
18 MR. BRILHANTE: And I think it would be best
19 to have that discussion, if at all, during the time
20 that --
21 MR. FRATINARDO: Sure.
22 MR. BRILHANTE: -- that item is brought back
23 up.
24 MR. FRATINARDO: Sure, sure, sure. Okay.
25 MS. SELF: Yeah. Yeah, because what you are
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1 going to be looking at once you get those numbers is
2 whether or not there is now another inversion because
3 of SHOPO and all the unions that we didn't have that
4 information previously when you set the salaries. So
5 that could change again, now that there is going to be a
6 lot of overtime for hourly employees. So, yeah, I
7 agree with Bill that that might be a better time to
8 discuss it.
9 MR. FRATINARDO: Okay. Got you. Thank you.
10 ACTING CHR. IKEDA: So then we will continue
on to --
11 MR. CAMPBELL: Amy, I did look at these, and
12 if you look in section 200-7 -- I think that's "Public
13 records," and that's all been revised in recent times.
14 I mean, the requirements now for how the County posts
15 things, and the minutes have to be done, you know,
16 within a month, and they have to be -- now these are
17 put on the County website. So that whole section really
18 needs to be changed to meet those current requirements.
19 None of it is really relevant at this point.
20 MS. SELF: Yeah. That -- and also I'll be
21 looking at the changes that were made to the Sunshine
22 Law.
23 MR. CAMPBELL: Right.
24 MS. SELF: And I'll make those changes.
25 MR. CAMPBELL: Right.
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1 MS. SELF: Thank you.
2 Anybody else?
3 But if you could just -- you know, we'll have
4 this on the agenda again, anyway, so if anything comes
5 to mind that -- like any of your procedures or the way
6 you want to conduct like -- maybe if you come up with a
7 system that you want to follow for giving salary
8 increases, like you relied on certain information this
9 last time -- you had a method for coming up with that.
10 So anything like that that you think you would want to
11 include as a rule as to how you come up with the
12 salaries. That's just something I was thinking about
13 as well, if you want to do that. I don't think it's
14 necessary as long as you're following the charter,
15 but...
16
MR. HIGGINS: Yeah, this is not
related to
17
what you
just said, and this is minor, and
I have no
18
intellectual
abilities to describe why I'm
feeling
19
this, but
I think that your first point on
regular
20
meetings,
I don't know why -- it's just a
gut
21
feeling --
that the Commission should meet
at least
22
annually,
I thought it should be more than
that stated
23
in here,
passing this on to the future. Who
knows
24
what's going
to happen? But when I first
read that
25 initially a few months ago, I went, oh, doesn't sound
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1 right to me. But, again, I have no rhyme or reason
2 besides that.
3 MS. SELF: And that's up to the Commission.
4 That's up to you guys. If you want to state in your
5 rules definite days or how often your meetings are,
6 that's entirely your decision. I just didn't think it
7 looked -- unless you're really going to meet every
8 2nd and 4th Wednesday.
9 MR. CAMPBELL: No.
10 MR. HIGGINS: No.
11 MS. SELF: I don't see --
12 MR. HIGGINS: Just the times per year, I
13 thought. I don't think we need to put 2nd or 4th
14 Wednesday or 3rd Thursday. Who knows what the next
15 group is going to want on that? But --
16 MS. SELF: Yeah. So this is just what is
17 required by the charter; but if you guys want to --
18 like I said, you have the authority to -- these are
19 your rules. So if you would like to change that to
20 something else, it's up to you, as long as, like I
21 said, it's not less than annually, but that's what the
22 charter requires.
23 ACTING CHR. IKEDA: Or, Jim, I was thinking
24 that maybe -- you know, you said annually was not enough
25 for you -- maybe we could put something in like "or as
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1 is deemed necessary"?
2 MR. HIGGINS: Yeah, or semi-annually, or at
3 least quarterly. I think that pretty much covers it.
4 We're obviously meeting way more than that but, again,
5 I'm just thinking about what's done in the future. It
6 just reads better to me. It sounds like we're more
7 busy and we're more cognizant of our duties to have it
8 more than once a year. That's all.
9 MS. SELF: I agree.
10 MR. HIGGINS: It's a minor thing, totally
11 minor.
12 MS. SELF: Okay. So I'll put this in
13 just because -- you're not going to vote on this today,
14 so I'll put that in as a suggestion so that when it
15 comes up later on for discussion, you guys can make a
16 decision, and then you'll vote to -- those as your
17 final rules. Then we have to go through a public
18 hearing to adopt the rules.
19 MR. BRILHANTE: And I think Commissioner
20 Higgins is making a good point. You know, oftentimes
21 perception trumps reality, and if you have "meet
22 annually," then the public perception might be, "Wow,
23 these guys meet once a year? Only once a year?" So I
24 think, with that in mind, that's a good suggestion.
25 ACTING CHR. IKEDA: Are there any other
suggestions?
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1 MR. DOW: I have a question of Bill. These
2 changes in pay are very dynamic. I look at what has
3 been awarded in union contracts which will then be
4 reflected in EM salaries, and I would like to know what
5 events during the year result in changes in pay.
6 You've got step movements. You've got across-the-board
7 increases. You've got bonuses. You've got contractual
8 pay related to overtime. I'd like an enumeration of
9 the factors that influence pay changes, how often
10 they're occurring. Are they on anniversary dates of
11 employment? Are they at the first of the year? Are
12 they biannual? How does that work?
13 MR. BRILHANTE: You know, that's good
14 information to have, and that's definitely something
15 that our department will be able to provide the
16 Commission members with going forward. And I think
17 once we re-agendize that item regarding salaries and
18 adjustments, I think that's great information to have,
19 and we'll make sure that we are able to provide that
20 information to you. But at this time, I'll take it as
21 a request.
22 MR. DOW: That's what I want.
23 MS. SELF: And we'll go forward from that.
24 Perfect.
25 ACTING CHR. IKEDA: Are there any other?
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1 MR. DOW: I have another question.
2 ACTING CHR. IKEDA: Okay.
3 MR. DOW: I was going back through the
4 testimony from the chair of the board overseeing the
5 Fire Department. Name was Becker, I believe -- Robert
6 Becker -- and he was presenting information. I was
7 wondering where he got the information. I think he had
8 a statement that, in 2016, there were 20 -some -odd
9 captains who were paid more than the chief of the
10 department. So, where did he get that? Is that
11 information available through HR?
12 MR. BRILHANTE: Quite honestly, I'm not sure
13 where that information came from. I'm not sure if any
14 of our personnel provided the fire commission chair
15 that information but, historically, that information
16 does come from our office. And I'm not sure; maybe for
17 that particular purpose the fire commission chair may
18 have requested that information directly from the fire
19 department because I'm not aware of any requests that
20 came to our office. And I see my classification and
21 pay division head, she's shaking her head as well that
22 we didn't provide that information. It did not come
23 from our office, so I can't really answer your question
24 at this time as to where that information came from.
25 MR. DOW: Can that information be provided to
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1 this Commission?
2 MR. BRILHANTE: Yes. That's something we can
3 provide as an informational request from the
4 Commission.
5 MR. DOW: I would like to know, for instance,
6 what was the top gross pay last year? I guess you
7 recently sent out W-2 forms or is that -- regarding
8 pay -- gross pay. I would like to know in which
9 departments the highest -grossed pay did not go to the
10 department head and whether the action we've taken on
11 salary increases has rectified that.
12 MR. BRILHANTE: You know, I'm just going to
13 give a cautionary note here. I think we're kind of
14 getting into the weeds for an item that is not really
15 on our agenda right now. That's definitely a
16 discussion we can have down the road.
17 Just one cautionary note going forward is I
18 just want to say when we look at gross pay, the
19 assumption from our department's perspective is that an
20 employee's gross pay would be inclusive of overtime
21 payments; and as it relates to this Salary Commission,
22 I think there's a specific provision that as we set the
23 salaries of the department heads and deputies, that
24 we're not supposed to consider overtime. That's been
25 the past practice.
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1 So I just want to, again, a cautionary note
2 and say we will be able to provide you the requested
3 information but, just going forward, I think I would be
4 somewhat hesitant to say that we should have more
5 discussion in regards to this. Again, once the item
6 regarding review of existing compensation plans are
7 re-agendized, I think this is a great discussion to
8 have but I think that would be the more appropriate
9 time to have it. So I'm not trying to silence you.
10 I'm just trying to say I think we're maybe running
11 afoul of Sunshine Law right now or getting very close
12 to it. So I just want to, again, cautionary note.
13 MR. DOW: Well, Mr. Becker indicated that
14 there's multiple EMs in his department that are
15 guaranteed by contract annual pay up to $20,000 per
16 year. Is that not considered base pay or is that an
17 artful way of getting up and out -- above the salary --
18 salary range for that position?
19 MR. BRILHANTE: I'm sorry. I wasn't
20 following. Could you restate your question again? I'm
21 sorry.
22 MS. SELF: You know, we've already passed --
23 this seems to be under item 6)A) that we deferred to
24 another date, so --
25 MR. FRATINARDO: Yeah.
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1 MS. SELF: -- if you could have these kinds
2 of questions ready for the next meeting. I don't know
3 when they are going to take this up. I guess when they
4 get all the information. This would be pertinent to
5 the item under 6)A). And, in the meantime, you could
6 submit your question to the department -- just don't
7 e-mail all the Commissioners -- to get that information
8 or just at least give him a list of the things that you
9 are asking and the kinds of information you want.
10 MR. DOW: Ask it directly of HR?
11 MS. SELF: Yes. And then, that way, when
12 this item is placed back on the agenda again, that
13 information could also be included. Glynis could check
14 with the chair or the vice -chair about having that put
15 back on the agenda.
16 MR. DOW: Okay.
17 MS. SELF: Because that would be the
18 appropriate time to discuss it.
19 MR. DOW: Well, we have been told in the past
20 not to do anything directly with HR, that everything
21 has to go through the Chair.
22 MS. SELF: Well, to get information for
23 purposes for you to discuss. I mean, she will have to
24
clear whatever goes
on the
agenda with
the Chair,
but
25
certainly there is
nothing
wrong with
anybody on
the
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1 Commission asking for information from the HR
2 Department, so that you can formalize your questions
3 for when the discussion comes up.
4 MR. DOW: Thank you.
5 MS. SELF: But one thing that Bill was
6 mentioning is under Section 13-28 of the Charter --
7 this is what gives the authority to the Commission,
8 right? So if you look at subsection (d), the
9 responsibility this Commission has is to review "and
10 compensate all county elected officials and appointed
11 directors and deputy directors so that their total
12 salaries and benefits have a reasonable relationship to
13 compensation in the public and private sectors. The
14 salary commission shall consult with those boards and
15 commissions which have appointing authority for
16 department heads." Those would be like Police
17 Commission, Fire Commission.
18 MR. FRATINARDO: So, question, Amy. When we
19 first started out, my question was -- when I see the
20 rules, I looked through here, and I was like, well,
21 what's the formula for awarding the pay to these
22 particular positions? So you just stated that rule.
23 So we can add the formula of how we're going to come up
24 with compensating these people?
25 MS. SELF: Yes.
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1 MR. FRATINARDO: Because it doesn't contain
2 that right now.
3 MS. SELF: Exactly.
4 MR. FRATINARDO: That's what I always want to
5 know. Why isn't there a standard operating desktop
6 procedure where the salary commission just go to it,
7 look at it, "This is how we give the pay raises every
8 time"?
9 MS. SELF: Yes. And that is something -- the
10 whole purpose of department or commission rules is to
11 implement what is either in the charter or the code.
12 MR. FRATINARDO: Sure.
13 MS. SELF: Same thing with the State. You
14 have the Hawaii Revised Statutes and then you have the
15 Hawaii Administrative Rules. The purpose of the rules
16 is to carry out the law, right? So that's the same
17 concept here. I just read the section that applies to
18 you guys from the charter.
19 MR. FRATINARDO: Right.
20 MS. SELF: And so, because there's no
21 specifics as to how you're going to do that, you can
22 decide how you want to implement that through rules.
23 MR. FRATINARDO: Right. Thank you. Yeah.
24 And this is like -- when we first started
25 out, you know, when I hear "rules," I was assuming at
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1 first that it would be in here, but it wasn't. But I
2 hope when Hugh comes back, we can actually come up with
3 the actual formula along with what you just read out of
4 the charter about consistent with the industry
5 standards of how people are being paid. Because
6 there's a devil in the details. That's I guess what
7 I'm saying. That's all.
8 MR. BRILHANTE: May I make just a point of
9 clarification as it relates to Commissioner Dow's
10 request? I remember when the Commission was first
11 starting to meet again, there was a request and
12 instruction given by Chair Ono wherein he requested
13 that each of the commission members who are desirous of
14 having specific requests met by the HR Department, he
15 instructed them to send -- each of you -- to send the
16 request directly to him and then he would forward it to
17 the department as deemed necessary. So I just kind of
18 want you to remember that. Our secretary, Ms. Yamada,
19 brought that to my attention.
20 MS. SELF: Sorry, I guess I misspoke. But
21 even the public can get information from HR. They can
22 make a foyer request. I guess this is just to make it
23 more organized for the department?
24 MR. BRILHANTE: I think that the impetus
25 behind it was that the department was being inundated
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1 by requests from each of the commission members, so
2 just to provide a uniform way in which all the requests
3 were documented,
and they were all
on the table, and
4 everybody understood
what information
was being
5 generated by the
department. So I
think it was more
6 for clarification
and housekeeping
purposes.
7 ACTING
CHR. IKEDA: So,
is there any further
8 discussion? Okay.
If not, we can
go on to C),
9 "Opportunity for Commissioners to request items for
10 placement on the next agenda."
11
Are
there any
requests?
12
MR.
HIGGINS:
Yeah. Along with what Bill
13 talked about earlier about deferring everything based
14 on the unpredictability of what's going on, the lava
15 flows, et cetera, and how that will affect the budget,
16 at least the information I'm reading in the newspaper
17 has to do with a potential shortfall. And maybe we
18 should have put on the agenda, just in case it's
19 necessary to be able to discuss it, something -- a
20 representative from the budget office, the Finance
21 Department -- at least put that on the agenda so in case
22
the discussion
leads
to the possibility of
suspension
23
of pay raises,
that
we're able to discuss
it.
24
Now,
I'm
not suggesting that.
I'm just
25
saying that if
you're
going to balance
the budget,
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1 there's only a couple of ways to do that and that's to
2 raise revenues or cut expenses. And the expense side
3 of it is what we deal with in a way because we just
4 approved a million dollars' worth of pay increases. So
5 in case that came up, that they needed to discuss it
6 with us, I think it should be on the agenda.
7 ACTING CHR. IKEDA: So you would like to have
8 the Finance Director, Deanna Sako, come to our next
9 meeting?
10 MR. HIGGINS: Yeah -- or a representative.
11 Yeah, that would be -- something like that.
12 ACTING CHR. IKEDA: Are there any other
suggestions?
13 MR. FRATINARDO: I just want to ask, that one
14 question I asked about, is that set in stone when we
15 have an emergency like we're going through right now,
16 which is kind of out of the ordinary, to -- is it
17 actually -- with state law, is that actually set in
18 stone where a salary cannot be amended or adjusted
19 during a time of emergency?
20 MR. BRILHANTE: No. There's no -- not that I
21 am aware of.
22 MR. FRATINARDO: Can we please -- I would
23 like that on the agenda. If this is going to be an
24 ongoing -- it's going to be an ongoing emergency. And
25 I honestly think that -- I think a person should be
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1 paid if they're being -- if they're working double
2 shifts 16 or 20 hours a day, if the mayor is down there
3 having to -- I mean, if his presence is actually
4 needed, that something needs to be -- whether he agrees
5 with it or not, I think we should at least look at the
6 fact that, hey, these people are putting this set
7 amount of hours. Even though, blanket, it's their job
8 to, I guess, be there, I think we should look at how
9 we're going to compensate these people as a salary
10 commission or if that's even in our authority to do
11 that.
12 ACTING CHR. IKEDA: So you would like to
13 have it put on the next agenda about compensation?
14 MR. FRATINARDO: During times of emergency,
15 extended times of emergency.
16 ACTING CHR. IKEDA: Okay.
17 MS. SELF: That's fine, but I would just
18 caution you to reread the section of the charter that I
19 had read previously about --
20 MR. CAMPBELL: Base salary.
21 MS. SELF: Yeah, what you are supposed to be
22 determining as far as salaries go.
23 MR. FRATINARDO: Well, I asked that: Is it
24 set in stone, and we won't put it down --
25 MS. SELF: Well --
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1 MR. FRATINARDO: Well, what do the other
2 counties do? I mean, is there a compensation system
3 for like Honolulu and Maui? So, I mean, can one of us
4 from -- can I call like -- can one of us call Maui or
5 Honolulu and find out, in the times of extended
6 emergency -- do you compensate your appointed officials
7 or elected officials in times of emergency?
8 MS. SELF: You can do that, yeah. You can
9 check whatever resources, as long as you don't talk to
10 each other.
11 MR. FRATINARDO: Sure. So, if that is the
12 case, then it would apply to our charter.
13 MS. SELF: Well, yeah. We have to make sure
14 that we stay in line with what the charter says.
15 MR. CAMPBELL: Which we could amend, right?
16 MS. SELF: You could get Sue Lee Loy to
17 propose an amendment.
18 MR. FRATINARDO: And all my intent is making
19 sure that these people are being paid for the amount of
20 work that they're doing. That's all. If that's not
21 enough or if it's less, tell me, and I won't discuss
22 it.
23 MS. SELF: I defer to HR.
24 MR. BRILHANTE: You know, from what I'm
25 hearing, I don't think now is the appropriate time to
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1 have this discussion.
2 MR. FRATINARDO: Sure.
3 MR. BRILHANTE: I think if we agendize the
4 item --
5 MR. FRATINARDO: Right. Yes.
6 MR. BRILHANTE: -- and we open it up for
7 discussion, then we will have an opportunity to
8 specifically address and discuss --
9 MR. FRATINARDO: Yes.
10 MR. BRILHANTE: -- the requirements
11 associated with both the charter language and what
12 you're desirous of doing.
13 MR. FRATINARDO: Thank you.
14 MR. BRILHANTE: I think that would be the
15 most appropriate time to have that discussion.
16 ACTING CHR. IKEDA: Is that it, or do we
17 have any further?
18 MS. SELF: I have one thing I'd like to
19 interject. For the Rules of the Salary Commission, I
20 would prefer not to have that on the next agenda,
21 because I won't be here for the June meeting, and I
22 would rather have that when I'm here. So I'll talk to
23 Hugh --
24 ACTING CHR. IKEDA: Defer to July?
25 MS. SELF: Right.
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1 I'll talk to him about putting it back on the
2 agenda at some other time.
3 MS. IKEDA: If not, we can go on to No. 7,
4 schedule next meeting date. The next scheduled meeting
5 date is June the 28th.
6 Glynis, do you want to tell us about that
7 date?
8 MS. YAMADA: On June 28th, as you know, the
9 budget is before Council, so if the mayor vetoes the
10 budget, the Council will have a special meeting which
11 will be somewhere on or about the last week of June.
12 So the location is up in the air until the Council
13 receives the budget from the mayor's office. So,
14 hopefully, the meeting will be here. If not, it may be
15 held at the Office of Aging.
16 MR. CAMPBELL: Could we move the meeting to
17 the 20th, just bypass that?
18 MS. SELF: You mean the 21st?
19 MR. CAMPBELL: 20th or 21st -- 21st of June.
20 MR. BRILHANTE: That would be the one, two --
21 MR. CAMPBELL: Third week.
22 MR. BRILHANTE: That would be the third
23 Thursday in June. And if you ask me to say that like
24 ten times really fast...
25 ACTING CHR. IKEDA: I'm not going to be here.
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1 MR. HIGGINS: And wouldn't that make my
2 request to have the Finance Director in attendance --
3 that would make that appropriate --
4 MR. CAMPBELL: Yeah.
5 MR. HIGGINS: -- if we had it before. If the
6 budget has already been completed on our date of the
7 meeting, then it's no sense us meeting with the Finance
8 Director.
9 ACTING CHR. IKEDA: May I interject? The
10 21st, this conference room is taken?
11 MS. YAMADA: It's available the 21st.
12 ACTING CHR. IKEDA: 21st. Okay.
13 So what is the consensus of the group? To
14 meet the 21st?
15 MR. CAMPBELL: Sure.
16 MR. HIGGINS: Good for me.
17 MR. BRILHANTE: Does it work?
18 MS. YAMADA: Yeah.
19 ACING CHR. IKEDA: So, it's agreed that we
20 will meet on June 21st, 2018.
21 Just to let you know, I won't be here.
22 MR. HIGGINS: Everybody is running away now
23 that the heat is getting up.
24 ACTING CHR. IKEDA: The location will be here
25 in this conference room and it will be at 10:00 a.m.
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1 Are there any other discussions?
2 MR. FRATINARDO: Question.
3 MS. IKEDA: Question.
4 MR. FRATINARDO: I'll make it really brief.
5 I know according to Sunshine Law, we have to
6 stick to the agenda. Okay? But what if we have an
7 emergency like it says in 202-5? "Emergency
8 rule making. So is that something that might not be
9 able to be put on the agenda? Are we still violating
10 Sunshine Law rule if we do an emergency rule change?
11 MS. SELF: I can't think of anything that
12 this Commission does that would be considered an
13 emergency by state law. When they say "emergency,"
14 they mean real emergency --
15 MR. FRATINARDO: Sure.
16 MS. SELF: -- like peril, life, or whatever.
17 MR. FRATINARDO: So there's just things in
18 here that -- thank you.
19 MS. SELF: Yeah. That is definitely for
20 something - like, right now, they may be making
21 emergency rules for lava. I don't know.
22 MR. BRILHANTE: I think the governor's
23 proclamation --
24 MR. FRATINARDO: Sure.
25 MR. BRILHANTE: -- takes care of most of the
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rules.
MS. SELF: Yeah.
ACTING CHR. IKEDA: If there is nothing
else, then may we have a motion to adjourn the meeting?
MR. FRATINARDO: Motion.
MR. CAMPBELL: Second.
ACTING CHR. IKEDA: It is moved and seconded
that we adjourn this meeting.
The meeting is adjourned.
(The meeting adjourned at 10:43 a.m.)
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1 STATE OF HAWAII
2 ss.
3 COUNTY OF HAWAII
4
5 I, TERI HOSKINS, a certified court
6 reporter in the State of Hawaii, do hereby certify
7 that the foregoing pages are a true and correct
8 transcription of the proceedings in the above matter.
9
10 Dated th' 6th day of June, 2018.
11
12
13
Teri H .ins, CSR No. 452
14
15
16
17
18
19
20
21
22
23
24
25
ISLAND COURT REPORTING &TRANSCRIPTION SERVICES
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Ms. Teri Hoskins, Certified Court Reporter, transcribed the aforementioned proceedings of the
Salary Commission at its meeting held on May 24, 2018.
Glynis Yamada, Secretary, Salary Commission, had incorporated some minor
formatting/housekeeping revisions throughout the transcript.
Respectfully Submitted,
Glyn Yama.a, Secretary
APPROVED:
C—Th
Hugh Y. Ono, P. E., Chair
Salary Commission
SALARY COMMISSION
0 COUNTY OF HAWAII
TITLE III - RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
TABLE OF CONTENTS
Chapter 200 GENERAL APPLICABILITY PAGE NO.
§200-1 Authority 200-1
§200-2 Construction of rules 200-1
§200-3 Procedure and terms 200-1
§200-4 Definitions 200-1
§200-5 The Commission 200-2
§200-6 Delegation of administrative duties 200-4
§200-7 Public records 200-5
Chapter 201 PROCEEDINGS BEFORE THE AGENCY
• §201-1 General 201-1
§201-2 Appearances and practices before the agency 201-1
§201-3 Disqualification of Commission member or hearing
officer 201-2
§201-4 Consolidation 201-2
§201-5 Retention of documents 201-2
§201-6 Commission decision 201-2
Chapter 202 RULES APPLICABLE TO RULEMAKING PROCEDURES
§202-1 Initiation of rulemaking proceedings 202-1
§202-2 Notice of public hearing 202-2
§202-3 Conduct of hearing 202-2
§202-4 Commission action 202-3
§202-5 Emergency rule making 202-3
§202-6 Filing of rules 202-3
§202-7 Taking effect of rules 202-3
§202-8 Publication of rules 202-3
Chapter 203 RULES APPLICABLE TO DECLARATORY RULINGS
• §203-1 Petitions for declaratory rulings 203-1
ATT. A
PAGE NO.
• §203-2 Request for hearing 203-1
§203-3 Applicability of order 203-2
§203-4 Declaratory ruling on Commission's own motion 203-2
§203-5 Refusal to issue declaratory order 203-2
S
•
SALARY COMMISSION
•
TITLE III - RULES OF THE COUNTY OF HAWAI'l SALARY COMMISSION
CHAPTER 200
GENERAL APPLICABILITY
§200-1 Authority
§200-2 Construction of rules
§200-3 Procedure and terms
§200-4 Definitions
§200-5 The Commission
§200-6 Delegation of administrative duties
§200-7 Public records
§200-1 Authority. These rules govern practice and procedure before the Salary
Commission of the County of Hawaii under County Charter, and Hawaii Revised
Statutes, Chapters 91 and 92. [Eff. 10-20-02]
§200-2 Construction of rules. The rules shall be liberally construed as to secure
the just, speedy, and inexpensive determination of every proceeding. [Eff. 10-20-02]
• §200-3 Procedure and terms. (a) Statutory terms. The terms used in rules
promulgated by the Commission pursuant to powers granted by statute shall have the
meaning defined by such statute, unless the context otherwise specifically requires.
(b) Terms defined by rule. A rule or regulation that defines a term without
express reference to the statute or to these rules or to a portion thereof, defines such
terms for all purposes as used both in the statute and in these rules, unless the context
otherwise specifically requires.
(c) Use of number and gender. Words importing the singular number may
extend and be applied to several persons or things;words importing the plural may
include the singular; and words importing the masculine gender may be applied to
females. [Eff. 10-20-02]
§200-4 Definitions. (a) Agency. The term "Agency" means each county board,
Commission, department, or officer,except those in the legislative branch.
(b) Chairperson. The term"Chairperson" means the Chairperson of the
Commission.
(c) Commission. The term"Commission"means the Hawai'i County Salary
Commission.
(d) Council. The term"Council"means the County Council of the County of
Hawai'i.
(e) Hearing. The term"Hearing"means any proceeding governed by the
Commission.
(f) Meeting. The term"Meeting"means the convening of the Commission for
which a quorum is required in order to make a decision or to deliberate toward a
200-1
decision upon a matter over which the Commission has supervision, control,jurisdiction,
• or advisory power.
(g) Party. The term"Party"means each person or agency named or admitted
as a party or properly seeking and entitled as of right to be admitted as a party in a
proceeding.
(h) Person. The term"Person"includes individuals, partnerships, corporations,
associations, or public or private organizations of any character other than
governmental agencies.
(I) Presiding officer. The term "Presiding officer, "with respect to proceedings,
means the Chairperson, and includes any member of the Commission designated as
such, or such other persons authorized by law to conduct hearings.
(j) Proceedings. The term"Proceedings" means the Commission's elucidation
of the relevant facts and applicable law, consideration thereof, and action thereupon
with respect to a particular subject within the Commission's jurisdiction, initiated by a
filing or submittal or request or a Commission's notice or order. It shall include
proceedings involving the adoption, amendment, or repeal of any rule or regulation of
the Agency, whether initiated by Commission order or notice, or by petition of an
interested person. [Eff. 10-20-021
§200-5 The Commission. (a) Office. The office of the Commission is at Hilo,
Hawaii. All communications to the Commission shall be addressed to the Hawai'i
County Salary Commission, c/o The Director of Personnel, County of Hawaii Aupuni
Center, 101 Pauahi Street, Suite 2, Hilo, Hawaii 96720, unless otherwise specifically
• directed.
(b) Meetings. The Commission shall meet in the Councilroom, Hawaii County
Building, or such other public place as the Commission may designate.
(1) Open meetings. All meetings of the Commission, except executive
meetings, shall be open to the public.
(2) Executive meetings. The Commission may hold an executive meeting,
closed to the public, upon an affirmative vote, taken at an open meeting,
of two-thirds of the members present or by a majority of the members to
which the Commission is entitled, whichever is greater. The vote of each
member on the question of holding a meeting closed to the public and
the reason for holding such a meeting shall be recorded and entered into
the minutes of the meeting. A meeting closed to the public may be held
only for one or more of the following purposes:
(A) To consult with the Commission's attorney;
(B) For any other specific purpose hereafter authorized by law.
(3) Chance meetings. The rules governing meetings shall not apply to any
chance meeting, as defined by Hawaii Revised Statutes, Section 92-2, at
which matters relating to official business are not discussed. No chance
meeting or electronic communication shall be used to circumvent the
spirit or requirements of the meetings provisions to make a decision or to
deliberate toward a decision upon a matter over which the Commission
has supervision, control,jurisdiction, or advisory power.
(4) Regular meetings. Regular or general meetings will be held on the 2nd
and 4th Wednesdays of each month, unless otherwise specified.
200-2
(5) Special meetings. Special meetings of the Commission for the transaction
• of its business may be held at any time and place as scheduled by the
Commission upon publication of notice of such special meeting in two
newspapers of general circulation within the County at least twenty-four
hours prior to the meetings.
(6) Emergency meetings. If the Commission finds that an imminent peril to
the public health, safety, or welfare requires a meeting in less time than is
provided for in Rule 200-5 b(7), the Commission may hold an emergency
meeting, provided:
(A) the Commission states in writing the reasons for its findings;
(B) two-thirds of all members to which the Commission is entitled agree
that an emergency exists;
(C) an emergency agenda and the findings are filed with the Office of
the County Clerk and in the Commission's office; and
(D) persons requesting notification pursuant to Rule 200-5 b(7) are
contacted by mail or telephone as soon as practicable.
(7) Notice.
(A) The Commission shall give written public notice of any regular,
special, or rescheduled meeting. The notice shall include an
agenda which lists all of the items to be considered at the
forthcoming meeting, the date, time, and place of the meeting.
(B) The Commission shall file the notice in the Office of the County
Clerk and in the Commission's office for public inspection at least six
• days before the meeting. The notice shall also be posted at the
site of the meeting whenever feasible. The Commission shall not
add items to the agenda, once filed,without a two-thirds recorded
vote of all members to which the Commission is entitled; provided
that no item shall be added to the agenda in the manner provided
herein, if it is of reasonably major importance and action thereon
by the Commission will affect a significant number of persons.
(C) The Commission shall maintain a list of names and addresses of
persons who request notification of meetings and shall mail a copy
of the notice to such persons at their last recorded address no later
than the time the agenda is filed under subsection (b).
(8) Construction. The provisions requiring open meetings shall be liberally
construed and the provisions providing for exceptions to open meeting
requirements shall be strictly construed against closed meetings.
(c) Hearings. All parties shall be afforded an opportunity for hearing after
reasonable notice. The notice shall include a statement of:
(1) The date, time, place, and nature of the hearing;
(2) The legal authority under which the hearing is to be held;
(3) The particular sections of the statutes and rules involved;
(4) An explicit statement in plain language of the issues involved and the
facts alleged by the Commission in support thereof; provided, that if the
Commission is unable to state such issues and facts in detail at the time
the notice is served, the initial notice may be limited to a statement of the
• issues involved; and
(5) The fact that any party may retain counsel if he so desires.
200-3
(d) Quorum and number of votes necessary to validate acts. A majority of all
• members to which the Commission is entitled shall constitute a quorum to transact
business, and the concurrence of a majority of all members to which the Commission is
entitled shall be necessary to make valid any action of the Commission.
(e) Minutes. The Commission shall keep written minutes of all meetings.
Unless otherwise required by law, neither a full transcript nor a recording of the meeting
is required, but the written minutes shall give a true reflection of the matters discussed
and the views of the participants. The minutes shall include, but need not be limited to:
(1) The date, time, and place of the meeting;
(2) The members of the Commission recorded as either present or absent;
(3) The substance of all matters proposed, discussed, or decided; and a
record, by individual member, of any votes taken; and
(4) Any other information that any member of the Commission requests be
included or reflected in the minutes.
The minutes shall be public records and shall be available within thirty
days after the meeting except where such disclosure would be
inconsistent with Hawai'i Revised Statutes, Section 92-5, or Section 13-20,
Hawaii County Charter; provided that minutes of executive meetings
may be withheld so long as their publication would defeat the lawful
purpose of the executive meeting, but no longer.
(f) Administration.
(1) Chairperson. The Chairperson of the Commission shall be responsible for
the administration functions of the Commission.
• (2) Authentication of the Commission action. All decisions, orders, and other
actions of the Commission shall be authenticated or signed by the
Chairperson, or upon delegation by the Chairperson by any other
member of the Commission.
Official copies of decisions, orders, and other Commission actions may be
promulgated under the signature of the Chairperson of the Commission or
his delegation.
(g) Submittals and requests. All documents required to be filed with the
Commission shall be filed in the office of the Commission within such time limits as
prescribed by laws,rules of the Commission, or orders of the Commission. Requests for
public information, copies of official documents, or opportunity to inspect public
records may be made in writing to the Commission's office or in person at said office.
(h) Parliamentary practice. The rules of parliamentary authority,where not
inconsistent with the rules adopted by the Commission, shall be Robert's Rules of Order
Revised. [Eff. 10-20-02]
§200-6 Delegation of administrative duties. (a) General. The Commission may
delegate to any competent and qualified individual such power or authority vested in
the Commission as it deems reasonable and proper for the effective administration of
the Commission except the power to make, amend, or repeal rules and regulations.
(b) Hearing officer. The Commission may, by written resolution adopted by a
majority of the members to which it is entitled, appoint a competent and qualified
disinterested person to act as its hearing officer. The hearing officer shall hear the
• matter in the same manner as if it were before the Commission and, upon the
conclusion of the hearing,shall transmit to the Commission a record of the hearing,
200-4
including a recording or transcript and a summary of evidence taken at said hearing.
10 After review of the testimony and evidence, a majority of the members to which the
Commission is entitled shall render a decision in accordance with Hawai'i Revised
Statutes, Section 91-11. [Eff. 10-20-02]
§200-7 Public records. (a) Files of the Commission. The term "Public Records"as
used in this part is defined as in Hawai'i Revised Statutes, Section 92-50, and shall
include all rules, regulations, written statements of policy or interpretations formulated,
adopted, or used by the Commission, all complaints, opinions and orders, written
testimony, minutes of meetings of the Commission, and any other material on file in the
office of the Commission unless accorded confidential treatment pursuant to law or the
rules of the Commission.
(b) Inspection of public records. All public records will be available for
inspection in the office of the Commission, Hilo, Hawaii, during established office hours
unless public inspection of such records is in violation of any State or Federal law;
provided that, except where such records are open under any rule of court, the
Corporation Counsel may determine which records may be withheld from public
inspection when such records pertain to the preparation of the prosecution or defense
of any action or proceeding to which the Commission, the State, or any governmental
agency or subdivision is or may be a party, or when such records do not relate to a
matter in violation of law and are deemed necessary for the protection of the
character or reputation of any person.
(c) Copies of public records. Public records printed or reproduced by the
• Commission shall be given to any person requesting the same and paying the fees
established by the Commission or by law.
(d) Requests. Requests for public information, for permission to inspect public
records, or for copies of public records shall be handled expeditiously. Any material
with respect to the Commission will not be released without the approval of the
Chairperson or his delegate.
(e) Denial of inspection. Any person denied the right to public information, to
inspect public records, or to copies of public records may apply to the circuit court of
the circuit wherein the public record is found for an order permitting the right to public
information, to inspect public records, or to copies of public records. [Eff. 10-20-02]
•
200-5
SALARY COMMISSION
S
TITLE III-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 201
PROCEEDINGS BEFORE THE AGENCY
§201-1 General
§201-2 Appearances and practices before the agency
§201-3 Disqualification of Commission member or hearing officer
§201-4 Consolidation
§201-5 Retention of documents
§201-6 Commission decision
§201-1 General. The Commission may, on its own motion or upon the petition of
any interested person or agency of the Federal, State, or County government, hold
such proceedings as it may deem necessary in the performance of its duties or the
formulation of its rules and regulations. Procedures to be followed by the Commission
shall, unless specifically prescribed in these Rules or by the Hawai'i Administrative
Procedure Act or by any other statute, be such as in the opinion of the Commission will
• best serve the purpose of such proceeding. [Eff. 10-20-02]
§201-2 Appearances and practices before the agency. (a) Representation. In
any proceeding under these rules, any party may be represented by counsel or any
other person to whom the party has given written or verbal authority.
(b) Validation of authority. When an individual acting in a representative
capacity appears in person or signs a paper in practice before the Commission, that
person's personal appearance or signature shall constitute a representation to the
Commission that, under the provisions of these rules and the law, the person is
authorized and qualified to represent the particular person on whose behalf the
representative acts. The Commission may at any time require any person transacting
business with the Commission in a representative capacity to show that person's
authority and qualification to act in such a capacity.
(c) Bar to appearance.
(1) Former Commission association. No individual who has been associated
with the Commission as a member, officer, employee, or counsel shall be
permitted to appear before the Commission on behalf of or to represent
in any manner any party in connection with any proceeding or matter
that such individual has handled or passed upon while associated in any
capacity with the Commission.
(2) Limitations of assistance from barred persons. No person or agency
appearing before the Commission in any proceeding or matter shall, in
relation thereto, knowingly accept assistance from and compensate any
• individual who would be barred by Rule 201-2(c).
201-1
(3) Written consent to appear. No person who has been associated with the
• Commission as a member, officer, employee, or counsel thereof shall be
permitted to appear before the Commission on behalf of, or to represent
in any manner, any person, agency, or the Council in connection with
any proceeding or matter that was pending before the Commission at
the time of that person's association, unless the person shall first have
obtained the written consent of the Commission, upon a verified showing
that the person did not give personal consideration to the matter or
proceeding as to which consent is sought or gain particular knowledge of
the facts thereof during the person's association with the Commission.
(4) One year limitation. This subsection shall not apply to any individual or
agency whose association with the Commission has been terminated for
a period of one year. [Eff. 10-20-02]
§201-3 Disqualification of Commission member or hearing officer. Any party to a
hearing may, up to five days before the proceeding, file an affidavit that one or more
of the members or a hearing officer has a personal bias or prejudice. The member
against whom the affidavit is so filed may answer the affidavit or may file a disqualifying
certificate with the Commission. If the member or hearing officer chooses to answer
the affidavit, the remaining members shall decide by a majority of all the members to
which the Commission is entitled whether that member or hearing officer should be
disqualified from proceeding therein. Every such affidavit shall state the facts and
reasons for the belief that bias or prejudice exists and shall be filed at least five days
• before the hearing, or good cause shall be shown for the failure to file it within such
time. Any Commission member or hearing officer may disqualify himself by filing with
the Chairperson a certificate that he deems himself unable for any reason to preside
with impartiality in the pending hearing. [Eff. 10-20-02]
§201-4 Consolidation. The Commission, upon its own initiative or upon motion,
may consolidate for hearing or for other purposes or may contemporaneously consider
two or more proceedings that involve substantially the same parties, or issues that are
the same or closely related, if it finds that such consolidation or contemporaneous
hearing will be conducive to the proper dispatch of its business and to the ends of
justice and will not unduly delay the proceedings. [Eff. 10-20-02]
§201-5 Retention of documents. All documents filed with or presented to the
Commission shall be retained in the files of the Commission. The Commission may
permit the withdrawal of original documents upon submission of properly authenticated
copies to replace such documents. [Eff. 10-20-02]
§201-6 Commission decision. All final orders, opinions, or rulings entered by the
Commission in the proceeding and rules promulgated by the Commission shall be
served upon the parties participating in the proceeding by regular mail or personal
delivery by the Commission. Copies of such material shall be available for public
inspection in the office of the Commission or may be obtained upon request and upon
payment of reasonable fees, if any. [Eff. 10-20-02]
•
201-2
SALARY COMMISSION
•
TITLE III-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 202
RULES APPLICABLE TO RULEMAKING PROCEDURES
§202-1 Initiation of rulemaking proceedings
§202-2 Notice of public hearing
§202-3 Conduct of hearing
§202-4 Commission action
§202-5 Emergency rule making
§202-6 Filing of rules
§202-7 Taking effect of rules
§202-8 Publication of rules
§202-1 Initiation of rulemaking proceedings. (a) Motion by Commission. The
Commission may, at any time on its own motion, initiate proceedings for the adoption,
amendment, or repeal of any rule of the Commission. Procedures to be followed in
rulemaking shall be as set forth herein and the applicable statutes.
(b) Petition by person or agency. Any interested person or agency may
• petition the Commission for the adoption, amendment, or repeal of any rule of the
Commission. Petitions for rulemaking filed with the Commission will become matters of
public record.
(1) Form and content. Petition for rulemaking shall contain the name,
address, and telephone number of each petitioner; the signature of each
petitioner; a draft or the substance of the proposed rule or amendment or
a designation of the provisions, the repeal of which is desired; a statement
of the petitioner's interest in the subject matter; and a statement of the
reasons in support of the proposed rule, amendment, or repeal.
(2) Commission action. The Commission shall,within thirty days after the filing
of a petition for rulemaking, either deny the petition or initiate public
rulemaking proceedings.
(1) Denial of petition. Any petition that fails in material respect to comply
with the requirements herein or that fails to disclose sufficient reasons to
justify the institution of rulemaking proceedings will not be considered by
the Commission. The Commission shall notify the petitioner in writing of
such denial, stating the reasons therefor. Denial of a petition shall not
operate to prevent the Commission from acting, on its own motion, on
any matter disclosed in the petition. Petitioner may seek a review of said
denial through the circuit court pursuant to the Administrative Procedure
Act and applicable rules of court and statutes.
(2) Acceptance of petition. If the Commission determines that the petition is
in order and that it discloses sufficient reasons in support of the proposed
•
rulemaking to justify the institution of rulemaking proceedings, the
202-1
procedures to be followed shall be as set forth in Rules 202-3 through 202-8
• herein and the applicable statutes. [Eff. 10-20-02]
§202-2 Notice of public hearing. (a) Publication and mailing. When, pursuant
to a petition therefor or upon its own motion, the Commission proposes to adopt,
amend, or repeal a rule or regulation, a notice of proposed rule making shall be
published at least once in at least two newspapers of general circulation in the County
and such notice shall also be mailed to all persons or agencies who have made timely
written requests for advance notice of the Commission's rule making proceedings. All
such notices shall be published at least thirty days prior to the date set for the public
hearing.
(b) Form. A notice of the proposed adoption, amendment, or repeal of a
rule or regulation shall include:
(1) a statement of the date, time, and place where the public hearing will be
held;
(2) reference to the authority under which the adoption, amendment, or
repeal of a rule or regulation is proposed;
(3) a statement of the substance of the proposed rule. [Eff. 10-20-02]
§202-3 Conduct of hearing. (a) Presiding officer. The public hearing for the
adoption, amendment, or repeal of rules and regulations shall be heard before the
Commission and presided over by the Chairperson of the Commission or in his absence,
by another member designated by the Commission. The hearing shall be conducted in
• such a way as to afford to interested persons and agencies a reasonable opportunity
to offer testimony with respect to the matters specified in the notice of hearing and so
as to obtain a clear and orderly record. The presiding officer shall have authority to
administer oaths or affirmations and to take all other actions necessary to the orderly
conduct of the hearing.
(b) Continuance of hearing. Each such hearing shall be held at the time and
place set in the notice of hearing but may at such time and place be continued by the
presiding officer from day to day or to a later date or to a different place without
notice other than the announcement thereof at the hearing.
(c) Order of proceeding. At the commencement of the hearing, the
presiding officer shall read the notice of hearing and shall then outline briefly the
procedure to be followed. Testimony shall then be received with respect to the matters
specified in the notice of hearing in such order as the presiding officer shall prescribe.
(d) Submission of testimony. Each witness shall, before proceeding to testify,
state his name, address, and whom he represents at the hearing, and shall give such
information respecting his appearance as the presiding officer may request. The
presiding officer shall confine the testimony to the matters for which the hearing has
been called but shall not apply the technical rules of evidence. Every witness shall be
subject to questioning by the members of the Commission or by any other
representative of the Commission.
(e) Oral and written presentation. All interested persons or agencies will be
afforded an opportunity to submit data, views, or arguments, orally or in writing, that
are relevant to the matters specified in the notice of hearing. The period for filing
• written comments or recommendations may be extended beyond the hearing date by
202-2
the presiding officer for good cause. An original and nine copies are requested when
submitting written comments, recommendations, or replies.
(f) Transcript of the evidence. Unless otherwise specifically ordered by the
Commission, testimony given at the public hearing shall not be reported verbatim. All
supporting written statements, maps, charts, tabulations, or similar data offered in
evidence at the hearing, and which are deemed by the presiding officer to be
authentic and relevant, shall be received in evidence and made a part of the record.
[Eff. 10-20-02]
§202-4 Commission action. The Commission will consider all relevant comments
and materials of record before taking final action in a rulemaking proceeding. Final
action shall be taken within sixty days after the final public hearing, or the expiration of
any extension period for submission of written comments or recommendations.
[Eff. 10-20-02]
§202-5 Emergency rule making. Notwithstanding the foregoing rules, if the
Commission finds that an imminent peril to public health or safety requires adoption,
amendment, or repeal of a rule or regulation upon less than thirty days' notice of
hearing, and states in writing its reasons for such finding, it may proceed without prior
notice of hearing or upon such abbreviated notice and hearing as it finds practicable
to adopt an emergency rule or regulation. The Commission shall make an emergency
rule known to persons who will be affected by it by publication in at least two
newspapers of general circulation in the County. [Eff. 10-20-02]
§202-6 Filing of rules. The Commission, upon adopting, amending, or repealing
a rule and approval by the Mayor, shall file certified copies thereof with the County
Clerk. [Eff. 10-20-02]
§202-7 Taking effect of rules. Each rule adopted, amended, or repealed shall
become effective ten days after filing with the County Clerk. If a later effective date is
required by statute or specified in rule, the later date shall be the effective date;
provided that no rule shall specify an effective date in excess of thirty days after the
filing of the rule with the County Clerk. An emergency rule shall become effective upon
filing with the County Clerk for a period not exceeding one-hundred twenty days
without renewal unless extended in compliance with the provisions of subdivisions (1)
and (2) of Hawaii Revised Statutes,Section 91-3(a). [Eff. 10-20-02]
§202-8 Publication of rules. The Commission shall, as soon as practicable,
compile, index, and publish all rules adopted by the Commission and remaining in
effect. Compilations shall be supplemented as often as necessary and shall be revised
at least once every ten years. [Eff. 10-20-02]
•
202-3
SALARY COMMISSION
S
TITLE III-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 203
RULES APPLICABLE TO DECLARATORY RULINGS
§203-1 Petitions for declaratory rulings
§203-2 Request for hearing
§203-3 Applicability of order
§203-4 Declaratory ruling on Commission's own motion
§203-5 Refusal to issue declaratory order
§203-1 Petitions for declaratory rulings. On petition of an interested person or
agency, the Commission may issue a declaratory order as to the applicability of any
statutory provision, ordinance, or of any rule or regulation or order of the Commission.
(a) Form and contents. The petition shall contain the name, address, and
telephone number of each petitioner; the signature of each petitioner; a designation of
the specific provision, rule, or order in question, together with a statement of the
controversy or uncertainty involved; a statement of the petitioner's interest in the
subject matter, including the reasons for submission of the petition; a statement of the
petitioner's position or contention; and a memorandum of authorities, containing a full
discussion of reasons and legal authorities, in support of such position or contention.
(b) Commission action. Within sixty days after the submission of a petition for
declaratory ruling, the Commission shall either deny the petition in writing, stating the
reasons for such denial or issue a declaratory order on the matters contained in the
petition, or set the matter for hearing, as provided in 203-2; provided, however, that if
the matter is set for hearing,the Commission shall render its findings and decisions within
sixty days after the close of the hearing.
(c) Dismissal of petition. The Commission may, without notice or hearing,
dismiss a petition for declaratory ruling that fails in material respect to comply with the
requirements of this part. [Eff. 10-20-02]
§203-2 Request for hearing. Although in the usual course of disposition of a
petition for a declaratory ruling no formal hearing will be granted to the petitioner or to
a party in interest,the Commission may in its discretion order such proceeding set down
for hearing. Any petitioner or party in interest who desires a hearing on a petition for a
declaratory ruling shall set forth in detail in his request the reasons why the matters
alleged in the petition, together with supporting affidavits or other written evidence and
briefs or memoranda of legal authorities, will not permit the fair and expeditious
disposition of the petition and, to the extent that such request for a hearing is
dependent upon factual assertion, shall accompany such request by affidavit
establishing such facts. In the event a hearing is ordered by the Commission, Hawaii
• Revised Statutes,Section 91-9, shall govern the proceedings. [Eff. 10-20-02]
203-1
§203-3 Applicability of order. An order disposing of a petition shall be
applicable only to the factual situation described in the petition or set forth in the order.
[Eff. 10-20-02]
§203-4 Declaratory ruling on Commission's own motion. Notwithstanding the
other provisions of this part, the Commission may, on its own motion or upon request but
without notice of hearing, issue a declaratory order to terminate a controversy or to
remove uncertainty. [Eff. 10-20-02]
§203-5 Refusal to issue declaratory order. The Commission may, for good cause,
refuse to issue a declaratory order with specific reasons for such determination. Without
limiting the generality of the foregoing, the Commission may so refuse where:
(a) the question is speculative or purely hypothetical and does not involve
existing facts, or facts that can be expected to exist in the near future;
(b) the petitioner's interest is not of the type that would give him standing to
maintain an action if he were to seek judicial relief;
(c) the issuance of the declaratory order may affect the interests of the
Commission in a litigation that is pending or may reasonably be expected to arise; or
(d) the matter is not within the jurisdiction of the Commission. [Eff. 10-20-02]
•
203-2
SALARY COMMISSION
• COUNTY OF HAWAII
TITLE III-RULES OFTHE COUNTY OF HAWAII SALARY COMMISSION
TABLE OF CONTENTS
Chapter 200 GENERAL APPLICABILITY PAGE NO.
§200-1 Authority 200-1
§200-2 Construction of rules .- 200-1
§200-3 Procedure and terms 200-1
§200-4 Definitions 200-1
§200-5 The Commission 200-2
§200-6 Delegation of administrative duties 200-4
§200-7 Public records - 200-5
Chapter 201 PROCEEDINGS BEFORE THE AGENCY
§201-1 General 201-1
• §201-2 Appearances and practices before the agency 201-1
§201-3 Disqualification of Commission member or hearing
officer 201-2
§201-4 Consolidation 201-2
§201-5 Retention of documents 201-2
§201-6 Commission decision 201-2
Chapter202 RULESAPPLICABLE TO RULEMAKING PROCEDURES
§202-1 Initiation of rulemaking proceedings 202-1
§202-2 Notice of public hearing 202-2
§202-3 Conduct of hearing 202-2
§202-4 Commission action ... 202-3
§202-5 Emergency rule making 202-3
§202-6 Filing of rules 202-3
§202-7 Taking effect of rules . 202-3
§202-8 Publication of rules 202-3
Chapter 203 RULES APPLICABLE TO DECLARATORY RULINGS ATT. B
• §203-1 Petitions for declaratory rulings 203-1
Presented: May 24, 2018
Submitted by Amy Self, Deputy Corporation Counsel
PAGE NO.
• §203-2 Request for hearing 203-1
§203-3 Applicability of order 203-2
§203-4 Declaratory ruling on Commission's own motion 203-2
§203-5 Refusal to issue declaratory order 203-2
•
SALARY COMMISSION
•
TITLE III- RULES OF THE COUNTY OF HAWAI'I SALARY COMMISSION
CHAPTER 200
GENERAL APPLICABILITY
§200-1 Authority
§200-2 Construction of rules
§200-3 Procedure and terms
§200-4 Definitions
§200-5 The Comm"ssion
§200-6 Delegation of administrative duties
§200-7 Public records
§200-1 Authority. These rules govern practice and procedure before the Salary
Commission of the County of Hawai'i under County Charter,and Hawai'i Revised
Statutes,Chapters 91 and 92. [Eff. 10-20-02]
§200-2 Construction of rules. The rules shall be liberally construed as to secure
the just, speedy,and inexpensive determination of every proceeding. [Eff. 10-20-02]
• §200-3 Procedure and terms. (a) Statutory terms. The terms used in rules
promulgated bythe Commission pursuant to powers granted by statute shall have the
meaning defined bysuch statute,unless the context otherwise specifically requires.
(b) Terms defined by rule. A rule or regulation that defines a term without
express reference to the statute or to these rules or to a portion thereof, defines such
terms for all purposes as used both in the statute and in these rules, unless the context
otherwise specifically requires.
(c) Use of number and gender. Words importing the singular number may
extend and be applied to several persons or things;words importing the plural may
include the singular; and words importing the masculine gender may be applied to
females. [Eff. 10-20-02]
§200-4 Definitions. (a) Agency. The term "Agency" means each county board,
Commission,department. or officer.except those in the legislative branch.
(b) Chairperson. The term "Chairperson" means the Chairperson of the
Commission.
(c) Commission. The term "Commission" means the Hawai'i County Salary
Commission.
(d) Council. The term "Council" means the County Council of the County of
Hawai'i.
(e) Hearing. The term "Hearing" means any proceeding governed by the
Commission.
• (f) Meeting. The term "Meeting" means the convening of the Commission for
which a quorum 's required in order to make a decision or to deliberate toward a
200-1
decision upon a matter over which the Commission has supervision.control,jurisdiction,
• or advisory power.
(g} Party. The term "Party"means each person or agency named or admitted
as a party or properly seeking and entitled as of right to be admitted as a party in a
proceeding.
(h} Person. The term "Person" includes individuals,partnerships,corporations,
associations,or public or private organizations of any character other than
governmental agencies.
(i} Presiding officer. The term "Presiding officer," with respect to proceedings,
means the Chairperson, and includes any member of the Commission designated as
such, or such other persons authorized by law to conduct hearings.
U} Proceedings. The term "Proceedings"means the Commission's elucidation
of the relevant facts and applicable law,consideration thereof,and action thereupon
with respect to a particular subject within the Commission's jurisdiction, initiated by a
filing or submittal or request or a Commission's notice or order. It shall include
proceedings involving the adoption,amendment,or repeal of any rule or regulation of
the Agency,whether initiated by Commission order or notice,or by petition of an
interested person. [Eff. 10-20-02]
§200-5 The Commission. (a) Office. The office of the Commission r at Hib,
Hawai'i. All communications to the Commission shall be addressed to the Hawai'i
County Salary Commission,c/o The Director of Personnel, County of Hawai'i Aupuni
Center, 101 Pauahi Street, Suie 2, Hilo, Hawaii 96720, unless otherwise specifically
directed.
• (b} Meetings.The Commission shall meet inthe Councilroom, Hawai'i County
Building,or such other public place as the Commission may designate.
(1) Open meetings. All meetings of the Commission, except executive
meetings, shall be open to the public.
(2) Executive meetings. The Commission may hold an executive meeting,
closed to the public,upon an affirmative vote,taken at an open meeting,
of two-thirds of the members present or by a majority of the members to
which the Commission is entitled,whichever is greater. The vote of each
member on the question of holding a meeting closed to the public and
the reason for holding such a meeting shall be recorded and entered into
the minutes of the meeting. A meeting closed to the public may beheld
onlyfor one or more of the following purposes:
(A} To consult with the Commission's attorney;
(B} For any other specific- purpose hereafter authorized under Hawai'i
Revised Statutes (HRS) § 92-5 (as amended) w.
(3) Chance meetings. The rules governing meetings shall not apply to any
chance meeting,as defined by HRS- - ' - -. _ . . - , _ -. e
92-2,at which matters relating to official business are not discussed. No
chance meeting or electronic communication shall be used to
circumvent the spirit or requirements of the meetings provisions to make
a decision or to deliberate toward a decision upon a matter over which
the Commission has supervision ,control,jurisdiction, or advisory power.
(4) Regular meetings. The Commission shall meet at least
• annual' Regular or general meetings will be held on the 2nd and 4th
Wednesdays of each month, unless otherwise specified.
200-2
(5) Special meetings. Special meetings of the Commission forthetransaction
• of its business may be held at any time and place as scheduled by the
Commission _ _ _ _ _ _ __ _ _ _ _- _ _ _ _ - _ _ •- -- _ -
hours prior to the meetings.
(6) Emergency meethgs. If the Commission finds that an imminent peril to
the public health,safety, or welfare requires a meeting in less time than 's
provided for in Rule 200-5 b(7),the Commission may hold an emergency
meeting, provided:
(A) the Commission states inwriting the reasons for its findings;
(B) two-thirds of all members to which the Commission entitled agree
that an emergency exists;
(C) an emergency agenda and the findings are filed with the Office of
the County Clerk and in the Commission's office; and
(D) persons requesting notification pursuant to Rule 200-5 b(7) are
contacted by mail or telephone as soon as practicable.
(7) Notice.
(A} The Commission shall give written public notice of any regular,
special,or rescheduled meeting. The notice shall include an
agenda which lists all of the items to be considered at the
forthcoming meeting, the date, time,and place of the meeting.
(B} The Commission shall file the notice in the Office of the County
Clerk and inthe Commission's office for public inspection at least six
1111 days before the meeting. The notice shall also be posted at the
site of the meeting whenever feasible_ The Commission shall not
add items to the agenda,once filed, without a two-thirds recorded
vote of all members to which the Commission 's entitled; provided
that no sem shall be added to the agenda in the manner provided
herein,if it is of reasonably major importance and action thereon
by the Commission will affect a signsicant number of persons.
(C} The Commission shall maintain a list of names and addresses of
persons who request notification of meetings and shall mail a copy
of the notice to such persons at their last recorded address no later
than the time the agenda is filed under subsection (b}.
(8) Construction. The provisions requiring open meetings shall be liberally
construed and the provisions providing for exceptions to open meeting
requirements shall be strictly construed against closed meetings.
(c) Hearings. All parties shall be afforded an opportunity for hearing after
reasonable notice. The notice shall include a statement of:
(1) The date, time,place, and nature of the hearing;
(2) The legal authority under which the hearing is to be held;
(3) The particular sections of the statutes and rules involved;
(4) An explicit statement in plain language of the issues involved and the
facts alleged by the Commission in support thereof;provided,that if the
Commission 's unable to state such issues and facts in detail at the time
the notice is served,the initial notice may be limited to a statement of the
• issues involved;and
(5) The fact that any party may retain counsel s he so desires.
200-3
(d) Quorum and number of votes necessary to validate acts_ A majority of all
• members to whbh the Commission s entitled shall constitute a quorum to transact
business,and the concurrence of a majority of all members to whbh the Commission is
entitled shall be necessary to make valid any action of the Commission.
(e) Minutes. The Commission shall keep written minutes of all meetings.
Unless otherwise required by law, neither a full transcript nor a recording of the meeting
is requ"red, but the written minutes shall give a true reflection of the matters discussed
and the views of the participants. The minutes shall include. but need not be limited to:
(1) The date,time, and place of the meeting;
(2) The members of the Commission recorded as either present or absent;
(3) The substance of all matters proposed,discussed, or decided;and a
record,by individual member, of any votes taken;and
(4) Any other information that any member of the Commission requests be
included or reflected in the minutes.
The minutes shall be public records and shall be available within thirty
days after the meeting except where such disclosure would be
inconsistent with Hawaii Revised Statutes.Section 92-5, or Section 13-20,
Hawai'i County Charter; provided that minutes of executive meetings
may be withheld so long as their publication would defeat the lawful
purpose of the executive meeting,but no longer.
(f) Administration.
(I) Chairperson. The Chairperson of the Commission shall be responsible for
the administration functions of the Commission.
• (2) Authentication of the Commission action. All decisions,orders,and other
actions of the Commission shall be authenticated or signed by the
Chairperson,or upon delegation by the.Chairperson by any other
member of the Commission .
Official copies of decisions, orders, and other Commission actions may be
promulgated under the signature of the Chairperson of the Commission or
he delegation.
(g) Submitals and requests. All documents required to be filed with the
Comm."ssion shall be filed in the,office of the Commission within such time limits as
prescribed by laws,rules of the Commission,or orders of the Commission. Requests for
public information,copies of official documents,or opportun qty to inspect public
records may be made in writing to the Commission's office or in person at said office.
Ih) Parliamentary practice. The rules of parliamentary authority,where not
inconsistent with the rules adopted by the Commission,shall be Robert's Rules of Order
Revised. [Eff. 10-20-02]
§200-6 Deleaation of administrative duties. (a) General. The Commission may
delegate to any competent and qualified individual such power or authority vested in
the Commission as I deems reasonable and proper for the effective adminetration of
the Commission except the power to make,amend, or repeal rules and regulations.
(b) Hearing officer. The Commission may, by written resolution adopted by a
majority of the members to which it 's entitled,appoint a competent and qualified
disinterested person to act as is hearing officer. The hearing officer shall hear the
• matter in the same manner as i it were before the Commission and, upon the
conclusion of the hearing,shall transmit to the Commission a record of the hearing,
200-4
including a recording or transcript and a summary of evidence taken at said hearing.
• After review of the testimony and evidence, a majority of the members to which the
Commission is entitled shall render a decision in accordance with Hawai'i Revised
Statutes, Section 91-1 1. [Eff. 10-20-02]
§200-7 Public records. (a) Files of the Commission . The term "Public Records"as
used in this part is defined as in Hawai'i Revised Statutes,Section 92-50, and shall
include all rules,regulations, written statements of policy or interpretations formulated,
adopted,or used by the Commission,all complaints, opinions and orders,written
testimony, minutes of meetings of the Commission,and any other material on file in the
office of the Commission unless accorded confidential treatment pursuant to law or the
rules of the Commission .
(b) Inspection of public records. All public records will be available for
inspection in the office of the Commission, Hilo, Hawaii, during established office hours
unless public inspection of such records is ii violation of any State or Federal law;
provided that, except where such records are open under any rule of court,the
Corporation Counsel may determine which records may bewithheld from public
inspection when such records pertain to the preparation of the prosecution or defense
of any action or proceeding to which the Commission,the State, or any governmental
agency or subdivision r or may be a party,or when such records do not relate to a
matter in violation of law and are deemed necessary for the protection of the
character or reputation of any person.
(c) Copies of public records. Public records printed or reproduced by the
• Commission shall be given to any person requesting the same and paying the fees
established by the Commission or bylaw.
(d) Requests. Requests for public information,for permission to inspect public
records, or for copies of public records shall be handled expedikiously. Any material
with respect to the Commission will not be released without the approval of the
Chairperson or hi delegate.
(e) Denial of inspection. Any person denied the right to public reformation,to
inspect public records, or to copies of public records may apply to the circuit court of
the circuit wherein the public record 's found for an order permitting the right to public
information, to inspect public records,or to copies of public records. [Eff. 10-20-02]
•
200-5
SALARY COMMISSION
•
TITLE III-RULES OF THE COUNTY OFHAWAI'ISALARY COMMISSION
CHAPTER 201
PROCEEDINGS BEFORE THEAGENCY
§201-1 General
§201-2 Appearances and practices before the agency
§201-3 Disqualification of Commission member or hearing officer
§201-4 Consolidation
§201-5 Retention of documents
§201-6 Commission decision
§201-1 General. The Commission may,on its own motion or upon the petition of
any interested person or agency of the Federal,State, or County government, hold
such proceedings as it may deem necessary in the performance of its duties or the
formulation of is rules and regulations. Procedures to be followed by the Commission
shall, unless specifically prescribed ii these Rules or by the Hawaii Admin'strative
Procedure Act or by any other statute, be such as in the opinion of the Commission will
best serve the purpose of such proceeding. , [Eff. 10-20-02]
§201-2 Appearances and practices before the agency. (a} Representation. In
any proceeding under these rules,any party may be represented by counsel or any
other person to whom the party has given written or verbal authority.
(b) Validation of authority. When an individual acting in a representative
capacity appears in person or signs a paper in practice before the Commission, that
person's personal appearance or signature shall constitute a representation to the
Commission that, under the provisions of these rules and the law,the person is
authorized and qualified to represent the particular person on whose behalf the
representative acts. The Commission may at any time require any person transacting
business with the Commission in representative capacity to show that person's
authority and qualification to act in such a capacity.
(c) Bar to appearance.
(1J Forrner Commission association. No in.dividualwho has been associated
with the Commission as a member.officer, employee,or counsel shall be
permitted to appear before the Commission on behalf of or to represent
in any manner any party in connection with any proceeding or matter
that such individual has handled or passed upon while associated in any
capacity with the Commission.
(2) Limitations of assistance from barred persons. No person or agency
appearing before the Commission in any proceeding or matter shall, in
relation thereto, knowingly accept assistance from and compensate any
• individual who would be barred by Rule 201-2(c) .
201-1
(3) Written consent to appear. No person who has been associated with the
• Commission as a member, officer, employee, or counsel thereof shall be
permitted to appear before the Commission on behalf of. or to represent
in any manner,any person,agency,or the Council in connection with
any proceeding or matter that was pending before the Commission at
the time of that person's association. unless the person shall first have
obtained the written consent of the Comm'ssion, upon a verified showing
that the person did not give personal consideration to the matter or
proceeding as to which consent is sought or gain particular knowledge of
the facts thereof during the person's association with the Commission.
(4) One year limitation. This subsection shall not apply to any individual or
agency whose association with the Commission has been terminated for
a period of one year. [Eff. 10-20-02]
§201-3 Disqualification of Commission member or hearing officer.Any party to a
hearing may, up to five days before the proceeding,file an affidavit that one or more
of the members or a hearing officer has a personal bias or prejudice. The member
against whom the affidavit is so filed may answer the affidavit or may file a disqualifying
certificate with the Commission. If the member or hearing officer chooses to answer
the affidavit, the remaining members shall decide by a majority of all the members to
which the Commission is entitled whether that member or hearing officer should be
d"squalified from proceeding therein. Every such affidavit shall state the facts and
reasons for the belief that bias or prejudice exists and shall be filed at least five days
• before the hearing,or good cause shall be shown for the failure to file it within such
time. Any Commission member or hearing officer may disqualify himself by filing with
the Chairperson a certificate that he deems himself unable for any reason to preside
with impartiality in the pending hearing. [Eff. 10-20-02]
§201-4 Consolidation. The Com mission,upon its own initiative or upon motion,
may consolidate for hearing or for other purposes or may contemporaneously consider
two or more proceedings that involve substantially the same parties,or issues that are
the same or closely related, if it finds that such consolidation or contemporaneous
hearing will be conducive to the proper dispatch of its business and to the ends of
justice and will not undulydelaythe proceedings. [Eff. 10-20-02]
§201-5 Retention of documents . All documents filed with or presented to the
Commsion shall be retained n the files of the Commission. The Commission may
permit the withdrawal of original documents upon submission of properly authenticated
copiesto replacesuch documents. [Eff. 10-20-02]
§201-6 Commission decision. All final orders, opinions, or rulings entered by the
Commission in the proceeding and rules promulgated by the Commission shall be
served upon the parties participating in the proceeding by regular mail or personal
delivery by the Commission. Copies of such material shall be available for public
inspection ii the office of the Commission or may be obtained upon request and upon
payment of reasonable fees,1 any. [Eff. 10-20-02]
•
201-2
SALARY COMMISSION
•
TITLE 111-RULES OF THE COUNTY OF HAWAI'I SALARY COMMISSION
CHAPTER 202
RULES APPLICABLE TO RULEMAKING PROCEDURES
§202-1 Initiation of rulemaking proceedings
§202-2 Notice of public hearing
§202-3 Conduct of hearing
§202-4 Commission action
§202-5 Emergency rule making
§202-6 Filing of rules
§202-7 Taking effect of rules
§202-8 Publication of rules
§202-1 Initiation of rulemakina proceedings. (a) Motion by Commssion. The
Commission may,at any time on is own motion, in iate proceedings for the adoption,
amendment,or repeal of any rule of the Commission . Procedures to be followed in
rulemaking shall be as set forth hereh and the applicable statutes.
(b) Petition by person or agency. Any interested person or agency may
• petition the Commission for the adoption, amendment, or repeal of any rule of the
Commsion. Petitions for rulemaking filed with the Commission will become matters of
public record.
(1) Form and content. Petition for rulemaking shall contain the name,
address,and telephone number of each petitioner;the signature of each
petitioner; a draft or the substance of the proposed rule or amendment or
a designation of the provisions. the repeal of which 'is desired;a statement
of the petitioner's interest in the subject matter;and a statement of the
reasons in support of the proposed rule, amendment,or repeal.
(2) Commission action.The Commsion shall,within thirty days after the filing
of a petition for rulemaking,either deny the petition or initiate public
rulemaking proceedings.
(1) Denial of petition. Any petition that fails in material respect to comply
with the requirements herein or that fails to disclose sufficient reasons to
justify the institution of rulemaking proceedings will not be considered by
the Commission. The Commission shall notify the petitioner inwriting of
such denial.stating the reasons therefor. Denial of a petition shall not
operate to prevent the Commission from acting,on its own motion,on
any matter disclosed in the petition. Petitioner may seek a review of said
denial through the circuit court pursuant to the Administrative Procedure
Act and applicable rules of court and statutes.
(2) Acceptance of petition. If the Commission determines that the petition is
in order and that it discloses sufficient reasons in support of the proposed
• rulemaking to justify the institution of rulemaking proceedings, the
202-1
procedures to be followed shall be as set forth in Rules 202-3 through 202-8
• herein and the applicable statutes. [Eff. 10-20-02]
§202-2 Notice of public hearing. (a) Publication and mailing. When, pursuant
to a petition therefor or upon its own motion, the Commission proposes to adopt,
amend,or repeal a rule or regulation,a notice of proposed rule making shall be
published at least once in at least two newspapers of general circulation in the County
and such notice shall also be mailed to all persons or agencies who have made timely
written requests for advance notice of the Commission's rule making proceedings.All
such notices shall be published at least thirty days prior to the date set for the public
hearing.
(b) Form. A notice of the proposed adoption,amendment, or repeal of a
rule or regulation shall include:
{1) a statement of the date,time,and place where the public hearing will be
held;
(2) reference to the authority under which the adoption,amendment, or
repeal of a rule or regulation is proposed;
(3) a statement of the substance of the proposed rule. [Eff. 10-20-02]
§202-3 Conduct of hearing. (a) Presiding officer. The public hearing for the
adoptbn, amendment,or repeal of rules and regulations shall be heard before the
Comm"ssion and presided over by the Chairperson of the Commission or in his absence,
by another member designated by the Commission. The hearing shall be conducted in
such a way as to afford to interested persons and agencies a reasonable opportunty
• to offer testimony with respect to the matters specified in the notice of hearing and so
as to obtain a clear and orderly record. The presiding officer shall have authority to
administer oaths or affirmations and to take all other actions necessary to the orderly
conduct of the hearing.
(b) Continuance of hearing. Each such hearing shall be held at the time and
place set in the notice of hearing but may at such time and place be continued by the
presiding officer from day to day or to a later date or to a different place without
notice other than the announcement thereof at the hearing.
(c) Order of proceeding. At the commencement of the hearing,the
presiding officer shall read the notice of hearing and shall then outline briefly the
procedure to be followed. Testimony shall then be received with respect to the matters
specified in the notice of hearing in such order as the presiding officer shall prescribe.
(d) Submssion of testimony. Each witness shall, before proceeding to testify,
state his name, address, and whom he represents at the hearing, and shall give such
information respecting his appearance as the presiding officer may request. The
presiding officer shall confine the testimony to the matters for which the hearing has
been called but shall not apply the technical rules of evidence. Every witness shall be
subject to questioning by the members of the Commission or by any other
representative of the Comm'ssion.
(e) Oral and written presentation. All interested persons or agencies will be
afforded an opportunitytosubmitdata,views,orarguments,orally or inwriting,that
are relevant to the matters specified inthe notice of hearing. The period forfiling
• written comments or recommendations may be extended beyond the hearing date by
202-2
the presiding officer for good cause. An original and nine copies are requested when
• submitting written comments, recommendations, or replies.
(f) Transcript of the evidence. Unless otherwise specifically ordered by the
Commission, testimony given at the public hearing shall not be reported verbatim. All
supporting written statements, maps charts, tabulations, or similar data offered in
evidence at the hearing, and which are deemed by the presiding officer to be
authentic and relevant,shall be received in evidence and made a part of the record.
[Eff. 10-20-02]
§202-4 Commission action. The Commission will consider all relevant comments
and materials of record before toking final action ii a rulemaking proceeding. Final
action shall be taken within sixty days after the final public hearing, or the expiration of
any extension period for subm-ssion of written comments or recommendations.
[Eff. 10-20-02]
§202-5 Emeraencv rule making. Notwithstanding the foregoing rules, if the
Commission finds that an imminent peril to public health or safety requires adoption,
amendment, or repeal of a rule or regulation upon less than thirty days' notice of
hearing,and states in writing its reasons forsuch finding, it may proceed without prior
notice of hearing or upon such abbreviated notice and hearing as it finds practicable
to adopt an emergency rule or regulation. The Commission shall make an emergency
rule known to persons who will be affected by it by publication in at least two
newspapers of general circulation inthe County. [Eff. 10-20-02]
§202-6 Filing of rules. The Commission, upon adopting,amending, or repealing a rule
and approval by the Mayor, shall file certified copies thereof with the County Clerk.
[Eff. 10-20-02]
§202-7 Taking effect of rules. Each rule adopted,amended, or repealed shall
become effective ten days after filingwith the County Clerk. If a later effective date 's
required by statute or specified in rule,the later date shall be the effective date;
provided that no rule shall specify an effective date in excess of thirty days after the
filing of the rule with the County Clerk. An emergency rule shall become effective upon
filing with the County Clerk for a period not exceeding one-hundred twenty days
without renewal unless extended incompliance with the provisions of subdivisions (1)
and (2) of Hawai'i Revised Statutes, Section 91-3(a) . [Eff. 10-20-02]
§202-8 Publication of rules.The Commission shall, as soon as practicable,
compile, index,and publish all rules adopted by the Commission and remaining in
effect. Compilations shall be supplemented as often as necessary and shall be revised
at leastonce every ten years. [Eff. 10-20-02]
•
202-3
SALARY COMMISSION
•
TITLE III-RULES OF THE COUNTY OF HAWAII SALARY COMMISSION
CHAPTER 203
RULES APPLICABLE TO DECLARATORY RULINGS
§203-1 Petitions for declaratory rulings
§203-2 Request for hearing
§203-3 Applicability of order
§203-4 Declaratory rulingon Commission's own motion
§203-5 Refusal to issue declaratoryorder
§203-1 Petitions for declaratory rulings. On petition of an interested person or
agency,the Commission may issue a declaratory order as to the applicability of any
statutory provision,ordinance,or of any rule or regulation or order of the Commission.
(a) Form and contents. The petition shall contain the name.address,and
telephone number of each petitioner; the signature of each petitioner;a designation of
the specific provision, rule,or order in question. together with a statement of the
controversy or uncertainty involved;a statement of the petitioner's interest in the
subject matter. including the reasons for submission of the petition;a statement of the
petitioner's position or contention;and a memorandum of authorities,containing a full
discussion of reasons and legal authorities,in support of such position or contention.
(b) Commission action. Within sixty days after the submission of a petition for
declaratory ruling,the Commission shall either deny the petition in writing,stating the
reasons for such denial or issue a declaratory order on the matters contained in the
petition,or set the matter for hearing, as provided in 203-2;provided, however.that I
the matter is set for hearing,the Commission shall render Is findings and decisions within
sixty days after the close of the hearing.
(c) Dismissal of petition. The Commission may, without notice or hearing,
dismiss a petition for declaratory ruling that fails in material respect to comply with the
requirements of this part. [Eff. 10-20-02]
§203-2 Request for hearing. Although n the usual course of disposition of a
petition for a declaratory ruling no formal hearing will be granted to the petitioner or to
a party in interest.the Commission may in Is discretion order such proceeding set down
for hearing. Any petitioner or party in interest who desires a hearing on a petition for a
declaratory ruling shall set forth in detail in his request the reasons why the matters
alleged in the petition,together with supporting affidavits or other written evidence and
briefs or memoranda of legal authorities,will not permit the fair and expeditious
disposition of the petition and,to the extent that such request for a hearing s dependent
upon factual assertion,shall accompany such request by affidavit establishing such
facts. In the event a hearing i ordered by the Commission, Hawai'i Revised Statutes.
411 Section 91-9,shall govern the proceedings. [Eff. 10-20-02)
203-1
§203-3 Applicabi litv of order. An order disposina of a petition shall be
• applicable only to the factual situation described in the petition or set forth in the order.
[Eff. 10-20-02]
§203-4 Declaratory ruling on Commission's own motion. Notwithstanding the
other provisions of th's part, the Commission may, on is own motion or upon request but
without notice of hearing, issue a declaratory order to terminate a controversy or to
remove uncertainty. [Eff. 10-20-02]
§203-5 Refusal to issue declaratory order. The Commission may,forgood cause,
refuse to issue a declaratory order with specific reasons for such determination.Without
limiting the generality of the foregoing,the Commission may so refuse where:
(a) the question 's speculative or purely hypothetical and does not involve
existing facts, or facts that can be expected to exist in the near future;
(b) the petitioner's interest "s not of the type that would give him standing to
maintain an action if he were to seek judicial relief;
(c) the "ssuance of the declaratory order may affect the interests of the
Commission in a litigation that s pending or may reasonably be expected to arise; or
(d) the matter 's not within the jurisd fiction of the Commission. [Eff. 10-20-02]
•
•
203-2